HomeMy WebLinkAboutORDINANCES-2002-063-O-02•
06/17/2002
63-0-02
AN ORDINANCE
Granting a Special Use to Allow a
Type 2 Restaurant at 910 Noyes Street
WHEREAS, the Zoning Board of Appeals ("ZBA") held a public hearing on
June 4, 2002 pursuant to proper notice in case no. ZBA 02-34-SU (R) on the application
of Paul Camastro, lessee, for a special use for a Type 2 Restaurant, pursuant to Section
6-9-2-3 of the Zoning Ordinance to allow a Type 2 Restaurant at 908-910 Noyes Street,
within the B1 Business 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 24, 2002 meeting and recommended City
Council approval of the application; and
WHEREAS, the City Council considered this Ordinance 63-0-02 at its
June 24, 2002 and July 8, 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
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Committee in the aforedescribed case no. ZBA 02-34-SU (R) and grants said special
63-0-02
use to operate a Type 2 Restaurant on property common) known as 908-910 Noyes •
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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 63-0-02, "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 or regulations.
b. The approval is subject to construction and operation of the use in •
substantial compliance with testimony and 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
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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. Violation of any of the above conditions or any other applicable
laws or regulations may, at the City's option, void the special use
permit to use the subject property for a Type 2 Restaurant.
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.
a!;
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Introduced:2002
Adopted: 2002
Approved: �� �r �,l "1 , 2002
ATTEST:
-1 ru:
City 61erk'
A oved as to i orm:.
1
Cdfporation Counsel
-3-
Mayor
EXHIBIT A
PARCEL 1: Unit 812 Davis in Optima Towers Evanston Commercial Condominium, as
delineated on the survey of certain lots or parts thereof in Consolidation of part of
Block 64 in the Village of Evanston, in the Southwest'/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 common elements appurtenant to said unit, as set forth
in said Declaration.
PARCEL 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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