HomeMy WebLinkAboutORDINANCES-2002-061-O-02V
06/25/2002, 06/05/2002
• 61-0-02
AN ORDINANCE
Granting a Special Use to Allow a
Type 2 Restaurant at 506 Main Street
WHEREAS, the Zoning Board of Appeals ("ZBA") held a public hearing on
May 7, 2002 pursuant to proper notice in case no. ZBA 02-29-SU (R) on the application
of James Fraser of Warren Johnson Architects, Inc., agent for Moaiz Verani, sublesse,
with written permission from Subway Real Estate Corporation, lessee, and from
Evanshire Properties, LLC, property owner, for a special use for a Type 2 Restaurant,
pursuant to Section 6-9-4-3 of the Zoning Ordinance to allow a Type 2 restaurant at
506 Main Street, within the B3 Business District; and
• WHEREAS, the ZBA, after hearing testimony, receiving other evidence, and
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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 June 10, 2002 meeting and recommended City
Council approval of the application; and
WHEREAS, the City Council considered this Ordinance 61-0-02 at its
June 10, 2002 and June 24, 2002 meetings,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EVANSTON, COOK COUNTY, ILLINOIS:
61-0-02
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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 02-29-SU (R) and grants said special
use to operate a Type 2 Restaurant on property commonly known as 506 Main Street
and legally described in Exhibit 1, attached hereto and made a part hereof.
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 61-0-02, "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 the Litter Collection Plan, requiring
the 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.
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61-0-02
2) Litter pick-up shall be a minimum of three times per week, one
pick-up of which shall be on Sunday.
3) The use shall at all times be served by one dumpster dedicated
to the use, of sufficient capacity to hold under a closed lid all litter
generated between the required three pickups.
4) 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.
d. The subject use shall not utilize for the disposal of litter generated
in the production of any product for sale by said type 2 restaurant,
any litter receptacles owned and or maintained by the City or any
not -for -profit agency, which the City or said not -for -profit agency
maintains for the purpose of collecting litter generated by the public.
e. Prior to issuance of a Certificate of Occupancy, the applicant shall
submit to the Zoning Division of the City and receive approval of a
plan providing for off-street parking by employees of the use.
f. No deliveries shall be made to the subject type 2 restaurant on any
day prior to 9 A.M.
g. This grant of special use shall be limited to a type 2 restaurant
operated by the Subway Corporation.
SECTION 3: That all ordinances or parts of ordinances in conflict herewith are
hereby repealed.
(Continued on following page)
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61-0-02
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: ��`; , 2002
Adopted:-�. - , 2002
„f .I
ATTEST:
City ler
Approved as to form:
Corlsoation Counsel
i
Approved,-*- 02
Mayor
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EXHIBIT 1 TO ORDINANCE 61-0-02
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