HomeMy WebLinkAboutORDINANCES-2000-078-O-00•
6/22/00, 8/2/00
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AN ORDINANCE
Amending Sections 6-3-6-3 And 6-3-8-12(E)
Of The Zoning Ordinance Regarding
The Economic Benefit Variation Standard
WHEREAS, the Plan Commission held a public hearing on September 8, 1999,
October 13, 1999, December 8, 1999, January 12, 2000, February 9, 2000, March 8, 2000,
April 12, 2000, May 11, 2000, and June 14, 2000 in case no. ZPC 99 6T pursuant to proper
notice to consider amendments to Title 6, Chapter 3 of the Zoning Ordinance regarding the
economic benefit variation standard; and
• WHEREAS, the Plan Commission heard testimony and received other evidence,
made a written record of its proceedings, and pursuant to section 6-3-4-5 of the Zoning
Ordinance found that the proposed amendment met the standards therein for text
amendments, recommended City Council approval of an amendment to the text of section
6-3-8-12(E); and
WHEREAS, the Planning and Development Committee of the City Council
considered the aforedescribed amendments at its June 26, 2000, July 10, 2000, and July
24, 2000 meetings and recommended City Council approval thereof,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
is
SECTION 1: That the foregoing recitals are found as fact and incorporated herein.
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SECTION 2: That the City Council hereby accepts the findings and
recommendation of the Plan Commission and amends section 6-3-8-12(E) of the
Zoning Ordinance, with section 6-3-8-12 otherwise unchanged, to read as follows:
6-3-8-12: STANDARDS FOR VARIATION: In considering an application
for a minor variation, fence variation, family necessity variation,
or a major variation, or a combination thereof, the Zoning
Administrator, the Zoning Board of Appeals, or the City Council,
as the case may be, may approve such variation only upon
finding that the application complies with the separate standards
for each type of variation set forth below:
6-3-8-12(E)
Major Variations: Major variations may be authorized by the Zoning Board
of Appeals, or by the City Council in the case of an application for a major
variation to off-street parking, off-street loading, and height beyond fifty feet
(50'), including within that measurement any height otherwise excluded
because the story provides required parking, or a combined application for
a major variation pertaining to off-street parking, off-street loading, height
beyond fifty feet (50'), including within that measurement any height
otherwise excluded because the story provides required parking, and any
other variation, upon making written findings that the proposed variation
satisfies the following standards:
1. The requested variation will not have a substantial adverse impact on the
use, enjoyment or property values of adjoining properties.
2. The requested variation is in keeping with the intent of the Zoning
Ordinance.
3. The alleged hardship or practical difficulty is peculiar to the property.
4. The property owner would suffer a particular hardship or practical difficulty
as distinguished from a mere inconvenience if the strict letter of the
regulations were to be carried out.
5.(q) The purpose of the variation is not based exclusively upon a desire to
extract additional income from the property, or
(b) While the arantina of the variation will result in additional income to a
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paFty ith on inteFest OR the GubjeGt pmpeFty the applicant and while the
applicant for the variation may not have demonstrated that the application is
not based exclusively upon a desire to extract additional income from the .
property, the Zoning Board of Appeals or the Citv Council, dependinq on final
iurisdiction under section 6-3-8-2, has found that public benefits to the
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surrounding neighborhood and the Citv as a whole will be derived from
approval of the variation, that include, but are not limited to anv of the
standards of section 6-3-6-3.
6. The alleged difficulty or hardship has not been created by any person
having an interest in the property.
7. The requested variation is limited to the minimum change necessary to
alleviate the particular hardship or practical difficulty which affects the
property.
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: 2000
Adopted. �� �s , 2000
Approved:
Mayor
ATTEST:
Ci C erk
Ap�ro ed as to form:
Corporation Counsel
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