HomeMy WebLinkAboutORDINANCES-2002-062-O-0206/03/2002
• 62-0-02
AN ORDINANCE
Granting a Special Use to Allow a
Type 2 Restaurant at 812 Davis Street
WHEREAS, the Zoning Board of Appeals ("ZBA") held public hearings on
May 7, 2002 and May 21, 2002 pursuant to proper notice in case no. ZBA 02-27-SU (R)
on the application of Lawrence Castle and Robert Castle of Castle Enterprises, Inc.,
d/b/a Quizno's Classic Subs, property owner, for a special use for a Type 2 Restaurant,
pursuant to Section 6-11-4-3 of the Zoning Ordinance to allow a Type 2 restaurant at
812 Davis Street, within the D3 Downtown Core Development 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 June 10, 2002 meeting and recommended City
Council approval of the application; and
WHEREAS, the City Council considered this Ordinance 62-0-02 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:
SECTION 1: That the City Council hereby adopts the findings and
recommendation of the ZBA and the recommendation of the Planning and Development
0 Committee in the aforedescribed case no. ZBA 02-27-SU (R) and grants said special
62-0-02
use to operate a Type 2 Restaurant on property commonly known as 812 Davis Street
and legally described in Exhibit A 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 62-0-02, "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 testimony 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 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 no
fewer than 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 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,
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62-0-02
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: ,.ffi _ bo , 2002
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Adopted:, if�1_ `� , 2002
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,�ppro+ved: �; � � - ` , 2002
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ATTEST:
Corporation Counsel
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EXHIBIT A TO ORDINANCE
62MOM02
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PARCEL 1: unit 812 Davis in Optima Towers Evanston Conunercial Condominium, as delineated on the
survey of certa-n lct% or parts thereof in Consolidation ol'part of Block 64 in the Village of'Evanston, in the
Southwest 1/4 of Section 18, Township 41 North, Range 14, East of the Third Principal Meridian, which survey
is attached as Exhibit "F" to the Declaration of Condominium recorded March 7, 2002 as document no.
0020263493, in Cook County, Illinois together with an undivided interest in the conunon elements appurtenant
to said unit, as set forth in said Declaration.
PARCL'L 2: Easement for ingress and egress as set forth and defined in the Operating Agreement and
Declaration of Covenants, Conditions, Restrictions and Easements for Optima Towers Evanston recorded
March 7, 2002 as document no. 20263492.
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