HomeMy WebLinkAboutORDINANCES-2002-065-O-0207/03/2002
• 65-0-02
AN ORDINANCE
Granting a Special Use to Allow a
Type 2 Restaurant at 1634 Orrington Avenue
WHEREAS, the Zoning Board of Appeals ("ZBA") held a public hearing on
July 2, 2002 pursuant to proper notice in case no. ZBA 02-38-SU (R) on the application
of Ann Jennett of PartnerShop of Evanston, lessee, with written permission from
LaSalle National Bank, administrator of Trust Agreement No. 2413, property owner, for
a special use for a Type 2 Restaurant, pursuant to Section 6-11-3-4 of the Zoning
Ordinance to allow a Type 2 Restaurant at 1634 Orrington Avenue, within the
D2 Downtown Retail Core 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 July 2, 2002 meeting and recommended City
Council approval of the application; and
WHEREAS, the City Council considered this Ordinance 65-0-02 at its
July 8, 2002 and July 22, 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
0 recommendation of the ZBA and the recommendation of the Planning and Development
65-0-02
Committee in the aforedescribed case no. ZBA 02-38-SU (R) and grants said special •
use to operate a Type 2 Restaurant on property commonly known as
1634 Orrington Avenue and legally described as follows:
LOTS 1, 2, 3, 4, 12, 13, 14 AND 15 IN BLOCK 28 IN THE
VILLAGE (NOW CITY) OF EVANSTON, SECTION 18,
TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD
PRINCIPAL MERIDIAN, 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 65-0-02, "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 submit to the Zoning Division and 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. This Ordinance shall
prevail over any inconsistent or contrary provisions in the Plan.
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65-0-02
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.
d. The operator of the subject Type 2 restaurant shall post and
maintain posted a sign therein notifying employees who drive to
work to use off-street parking.
e. 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.
Introduced: A. 2002
Adopted: 2002
ApprOved: 2002
Mayor
ATTEST:
City Clerk/
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A proved as to form:
C oration Counsel
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July 3, 2002
ZONING BOARD OF APPEALS RECOMMENDATION
REGARDING 1634 ORRINGTON
CASE ZBA 02-38-SU(R);
HEARD JULY 21 20020
Based on the application, submitted documents, testimony, and upon the deliberations and findings contained
in the transcript of the hearing, the Zoning Board of Appeals recommends that the City Council grant the
application of Ann Jennett of PartnerShop of Evanston, lessee, with permission from LaSalle National Bank,
administrator of Trust Agreement Number 2413, property owner, for a special use for a type 2 restaurant,
pursuant to Section 6-11-3-4 of the Zoning Ordinance, at the property commonly referred to as 1634 Orrington
Avenue. The subject property is zoned D2 Downtown Retail Core. The applicant proposes to operate a Ben
and Jerry's Ice Cream PartnerShop.
• The Zoning Board of Appeals recommends approval of this zoning relief subject to the following conditions:
1) The operator of the type 2 restaurant shall submit to the Zoning Division and maintain compliance with a
Litter Collection Plan, requiring the policing of an area within 250 feet of the leasehold area once every
three hours the restaurant is open for trash originating anywhere. The operator of the type 2 restaurant
shall keep this area free of rubbish, litter, and waste material, including but not limited to food, beverages,
napkins, straws, containers, bags, utensils, plates, cups, bottles, cans and other similar waste materials
emanating from any source.
2) The operator of the type 2 restaurant shall post and maintain posted a sign in the store notifying employees
that they must park in a City garage if they use public parking within the downtown.
3) The approval is subject to construction and use of the development being in substantial compliance with
the testimony and documents placed on file in connection with this case.
LEGAL DESCRIPTION:
LOTS 1, 2, 3, 4, 12, 13, 14 AND 151N BLOCK 28 IN THE VILLAGE (NOW CITY) OF EVANSTON, SECTION 18,
TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,
ILLINOIS.
Gregory , Chair Date
Zoning Board of Appeals
Voting Aye: Creamer, Norwell, Koberstein, Putta, Samson
•Voting Nay: None.
Abstaining: None.
Absent: Reiches, Walsh.
Y:IZONINGIZ 8 A\ZBA0210RRINGTON1634\ZBA FINDING.DOC