HomeMy WebLinkAboutORDINANCES-2002-013-O-0204/03/2002, 02/14/2002
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AN ORDINANCE
Granting a Special Use for a Type 2
Restaurant at 327 Howard Street
WHEREAS, Zoning Board Appeals ("ZBA") met on February 5, 2002 pursuant to
proper notice in case no. ZBA 02-05-SU(R) to consider an application for a special use
to operate a Type 2 restaurant from co -applicant, Nizarali Ladhani, lessee, and
327 Howard Street Partnership, owner of the subject property at 327 Howard Street in a
B3 Zoning District; and
WHEREAS, the ZBA, after hearing testimony and receiving other evidence,
made a written record and written findings that the application for the Type 2 restaurant
• met the standards for special uses in Section 6-3-5 and recommended City Council
approval thereof; and
WHEREAS, the Planning & Development Committee of the City Council
considered the ZBA's findings and recommendation at its February 25, 2002, March 11,
2002, and March 25, 2002 meetings and recommended City Council approval with
modifications; and
WHEREAS, the City Council considered the respective records and
recommendations of the ZBA and the Planning and Development Committee at its
February 25, 2002, March 11, 2002, and March 25, 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 record, findings, and
recommendation of the ZBA and the record and recommendation of the Planning and
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Development Committee and hereby approves the special use applied for in case
no. ZBA 02-05-SU(R) on property legally described as:
ALL THAT PART OF THE SOUTH 6.25 CHAINS OF THE NORTHEAST
'/4 OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE
THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS
FOLLOWS: BEGINNING ON A LINE PARALLEL TO AND 33 FEET
NORTH OF SOUTH LINE OF SAID NORTHEAST'/4 AT A POINT 450.87
FEET EAST OF THE EASTERLY LINE OF CLARK STREET NOW
KNOWN AS CHICAGO AVENUE; THENCE EAST ALONG SAID FIRST
MENTIONED LINE 100 FEET TO THE CENTER LINE OF A 13 INCH
BRICK WALL (SAID WALL RUNNING DUE NORTH FROM SAID FIRST
MENTIONED LINE A DISTANCE OF 85 FEET) THENCE NORTH
ALONG THE CENTER LINE OF SAID WALL A DISTANCE OF 85 FEET
TO THE SOUTH LINE OF AN EAST AND WEST ALLEY; THENCE WEST
ALONG A LINE PARALLEL TO THE SOUTH LINE OF SAID
NORTHEAST '/4 A DISTANCE OF 100 FEET; THENCE SOUTH A
DISTANCE OF 85 FEET TO THE POINT OF BEGINNING, COOK
COUNTY, ILLINOIS.
commonly known as 327 Howard Street, Evanston, Illinois. •
SECTION 2: That, pursuant to Section 6-3-5-12 of the Zoning Ordinance, which
provides that the City Council may impose conditions on the grant of a special use,
these conditions are hereby imposed:
A. Development and use of the subject property shall be in substantial
compliance with all applicable legislation, with the testimony and
representations of the applicant, and with the approved plans and
documents on file in this case.
B. 1) The operator shall adhere to the Litter Collection Plan, which he
submitted as part of the record at the ZBA hearing and which is
attached hereto as Exhibit 1 and made a part hereof, 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, •
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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,
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.
C. The use granted hereby shall close its operation no later than ten
o'clock (10:00) P.M. on Monday through Thursday and no later than
eleven o'clock (11:00) P.M. on Friday, Saturday, and Sunday.
D. The operator of the Type 2 restaurant authorized hereby shall take
all reasonable steps to prevent loitering within said restaurant and
upon the subject property.
E. The co -applicants will meet on a quarterly basis with City Staff
regarding Police Department, Community Development and
Landlord -Tenant Issues.
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: Y'l.t�-i'\ 1 , 2002
Adopted: , 2002
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Approved:
2002
Mayor
ATTEST:
Clerk
Ap roved to or
s
i
Corporation Counsel
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