HomeMy WebLinkAboutORDINANCES-2002-044-O-0204/17/2002
44-0-02
• AN ORDINANCE
Granting a Special Use to Allow a
Type 2 Restaurant at 940 Church Street
WHEREAS, the Zoning Board of Appeals ("ZBA") held a public hearing on
April 2, 2002 pursuant to proper notice in case no. ZBA 02-22-SU(R) on the application
of James R. Shipley, agent of Ice Dreams, Inc. d/b/a Marble Slab Creamery, lessee, for
a special use for a Type 2 Restaurant, pursuant to Section 6-12-2-3 of the Zoning
Ordinance to allow a Type 2 restaurant at 940 Church Street, within the RP Research
Park District; and
WHEREAS, the ZBA, after hearing testimony and receiving other evidence,
making a written record thereof, made written findings pursuant to Section 6-3-4-5 of the
• Zoning Ordinance and recommended City Council approval of the application; and
WHEREAS, the Planning and Development Committee considered the record
and recommendation of the ZBA at its April 22, 2002 meeting and recommended City
Council approval of the application; and
WHEREAS, the City Council considered this Ordinance 41-0-02 at its April 22,
2002 and May 6, 2002 meetings,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the City Council hereby adopts the findings and
recommendation of the ZBA and the recommendation of the Planning and Development
• Committee in the aforedescribed case no. ZBA 02-22-SU(R) and grants said special
use to operate a Type 2 Restaurant on property commonly known as 940 Church Street
and legally described as:
44-0-02 •
LOT 1 IN DAVIS CHURCH RESUBDIVISION, BEING A
RESUBDIVISION OF PART OF DEMPSTER'S SUBDIVISION OF
BLOCK 66 OF THE VILLAGE (NOW CITY) OF EVANSTON,
BEING A SUBDIVISION IN THE SOUTHWEST '/4 OF
SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED OCTOBER 2, 2000 AS DOCUMENT
00766688 IN COOK COUNTY, ILLINOIS.
SECTION 2: Pursuant to Section 6-3-5-12 of the Zoning Ordinance, which
provides that the City Council may impose conditions and limitations on the grant of a
special use, the following conditions and limitations are hereby imposed. When
necessary to effectuate the conditions imposed on the subject property by this
Ordinance 44-0-02, "applicant" shall be read as "owner," "applicant's successor's in
interest" and/or "operator of the use". •
a. The special use granted hereby shall be subject to compliance with
all applicable provisions of the Zoning Ordinance and other
applicable laws;
b. The approval is subject to construction and operation of the use in
substantial compliance with representations of the Applicant,
documents placed on file in connection with this case by the
Applicant, and the plans, as approved by the City.
C. 1) The operator shall adhere to a Litter Collection Plan, which he
shall prepare and submit in writing to the City's Zoning Division
prior to issuance of a Certificate of Occupancy. Said Litter
Collection Plan shall require policing of an area located within a
250-foot radius of the building in which the use is located. This area
shall be policed once every three hours during the hours the use is
in operation and shall be kept free of all litter, including, but not
limited to, food, beverages, napkins, straws, containers, bags,
utensils, plates, cups, bottles, cans, and all other litter of any type
emanating from any source. The operator of the Type 2 restaurant
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44-0-02
shall comply with the Litter Collection Plan. This Ordinance shall
prevail over any inconsistent or contrary provisions in the Plan.
2) For the purpose of this Ordinance, "litter" shall include, but is not
limited to: putrescible animal and vegetable waste resulting from
the handling, preparation, cooking, and consumption of food; other
putrescible waste, including animal waste, dead animals, yard
clippings and leaves; nonputrescible solid waste, including rubbish,
ashes, street cleanings, abandoned automobiles, solid business,
commercial, and industrial wastes, paper, wrappings, cigarettes,
cardboard, tin cans, glass, bedding, crockery and similar materials;
and all other waste materials which, if thrown or deposited as
herein prohibited, may create a danger to public health, safety, or
welfare.
SECTION 3: That all ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 4: That this ordinance shall be in full force and effect from and after its
passage, approval, and publication in the manner provided by law.
Introduced: (��Y Z' , 2002
I
Adopted: 2002
Appr ed:-�
Mayor
ATTEST: -MEL
Approved as to form:
C rporation Counsel
-3-
q , 2002
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