HomeMy WebLinkAboutORDINANCES-2002-128-O-02•
12/18/2002
128-0-02
AN ORDINANCE
Granting a Special Use to Allow a
Type 2 Restaurant at 901 Church Street
WHEREAS, the Zoning Board of Appeals ("ZBA") held a public hearing on
November 19, 2002 pursuant to proper notice in case no. ZBA 02-60-SU (R) on the
application of Jay Stieber, Managing Partner of Inspired Mexican Cuisine LLC, lessee,
with written permission from Church Street Plaza, LLC, property owner, 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 901 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 December 16, 2002 meeting and recommended
City Council approval of the application; and
WHEREAS, the City Council considered this Ordinance 128-0-02, as amended,
and the respective records and recommendations of the ZBA and the Planning and
Development Committee at its December 16, 2002 and January 13, 2003 meetings,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
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OF EVANSTON, COOK COUNTY, ILLINOIS:
128-0-02 •
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 02-60-SU (R) and grants said special
use to operate a Type 2 Restaurant on property commonly known as 901 Church Street
and legally described as follows:
LOT 1 IN CHURCH MAPLE RESUBDIVISION, BEING A
RESUBDIVISION OF PART OF DEMPSTER'S SUBDIVISION OF BLOCK
66 OF THE VILLAGE OF EVANSTON; PART OF THE CHICAGO AND
NORTHWESTERN RAILROAD RIGHT OF WAY (FORMERLY CHICAGO,
MILWAUKEE AND ST. PAUL RAILROAD RIGHT OF WAY); PART OF
BLOCK 18 IN THE VILLAGE OF EVANSTON; ALL OF BLOCKS 2 AND 3
IN CIRCUIT COURT SUBDIVISION IN PARTITION OF LOT 22 IN THE
COUNTY CLERK'S DIVISION OF UNSUBDIVIDED LANDS; AND PART
OF VACATED CLARK STREET AND EAST RAILROAD AVENUE; BEING
IN THE NORTHWEST QUARTER AND THE SOUTHWEST QUARTER •
OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN THE CITY OF EVANSTON, COOK
COUNTY, ILLINOIS, ACCORDING TO THE PLAT THEREOF
RECORDED JUNE 2, 1999 AS DOCUMENT 99528041 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 128-0-02, "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. •
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• 128-0-02
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
less 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.
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 Applicant shall cause implementation and adherence to an
employee parking plan requiring all persons employed at the
subject property who drive to work to park at an off-street parking
facility.
e. The Applicant shall, prior to issuance of a final certificate of
occupancy, install a window on the alley elevation of the subject
property in location, dimensions, and materials designated by the
Site Plan and Appearance Review Committee.
f. 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.
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128-0-02
•
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: �'�`�/ %�; , 2002
Adopted: m��� , 2003
Appr ed: ,11.L4 (,Q=u %(, , 2003
'y/
Mayor
ATTEST:
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City le 4
Approved as o f rm:
.i
Co`r oration Counsel
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