HomeMy WebLinkAboutORDINANCES-1999-043-O-9910
4/13/99, 03/26/99
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AN ORDINANCE
Granting a Special Use and
Certain Variations to Allow a Retail Sales
Use and Drive -Through at 430 Asbury Avenue
WHEREAS, the Zoning Board of Appeals ("ZBA") held a public hearing on
April 16, 1999, in case number 99-10-SU & V(R), pursuant to proper notice, on the
application of Mid -Northern Commercial Services, Ltd., contract purchaser, as agent for
Michael Leider Real Estate Corporation, property owner, for a special use pursuant to
Section 6-9-3-3 of the Zoning Ordinance, to allow use of 430 Asbury Avenue for a
drive -through facility, for variations from Section 6-9-3-7 that buildings be built to lot
40 lines and that parking in the subject yards be prohibited; and a variation from the off-
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street loading requirements of Section 6-16-5 to reduce the number of required loading
berths from two to one, on property located in a C1 Commercial District; and
WHEREAS, the ZBA, after hearing testimony and receiving other
evidence, made written findings pursuant to Section 6-3-5-10 and Section 6-3-8-12 of
the Zoning Ordinance that the application met the standards for special uses and major
variations, respectively, and recommended that the City Council grant the application;
and
WHEREAS, the Planning and Development Committee of the City Council
considered and adopted the ZBA's findings and recommendation; and
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE •
CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: The City Council hereby adopts the findings and recommendation
of the Planning and Development Committee in the aforedescribed case number 99-10-
SU & V(R) and grants said special use and major variations on the property legally
described in Attachment 1, attached hereto and made a part hereof.
SECTION 2: That pursuant to Section 6-3-5-12 and Section 6-3-8-14 of the
Zoning Ordinance which provide that the City Council may impose conditions upon the
grant of special uses and variations, respectively, this condition is hereby imposed:
(A.) Construction, landscaping, operation, and maintenance
of the development authorized by this grant of special use
and variations shall be in substantial compliance with the •
testimony and representations of the applicant and
documents placed on file in connection with this case, and
with all applicable legislation.
(B.) As represented by the applicant at the ZBA hearing,
alcoholic liquor shall not be sold on the subject property, nor
shall the retail use and drive -through be operated other than
during the hours of 8:00 AM through 10:30 PM.
(C.) The applicant shall submit a landscape plan, which
shall provide for maintenance of landscaping, for review and
approval by the City Superintendent of Parks and Forestry
which shall guarantee that any plants planted pursuant to
the landscaping plan which die or fail to thrive shall be
replaced during the earliest available planting season
thereafter, upon written notification by the City. Failure to
replace plantings within the time specified by the City shall
require payment of $5,000.00 to the City within thirty (30)
days after expiration of the time given by the City for such
replacement.
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• (D.) The applicant shall submit a litter collection plan,
acceptable to the City Manager, for the subject property and
adjoining public rights -of -way. Said plan shall be applicable
to the subject property beginning with the construction
phase and continuing throughout the term of this grant. As a
minimum, said plan shall require policing of the subject
property and said adjoining public rights -of -way no less than
twice daily and removal of shopping carts, trash and
garbage, including, but not limited to, discarded construction
materials, food, beverage containers, cigarette butts, plastic
and paper bags, lottery tickets, and all other discarded
waste materials, regardless of type, emanating from any
source. Said plan shall be submitted and approved prior to
the issuance of any building permits.
(E.) The applicant, developer, or operator of the retail use
shall erect, place, or implement safety devices and
procedures to direct and control vehicular and pedestrian
traffic on the subject property as well as with regard to
entrances and exits.
• (F.) The applicant shall prepare in form and content
satisfactory to the City's Law Department, a covenant
running with the land containing the provisions of this
Section 2A through 2E. The covenant shall provide that it
shall be released only by the City Council. No building
permits shall be issued until a copy of the recorded covenant
has been filed with the Zoning Administrator.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 4: This ordinance shall be in full force and effect from and after its
passage, approval, and publication in the manner provided by law.
Introduced: �P' S , 1999
Adopted: C . Z G , 1999
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K
ATTEST:
r Clerk
Approved s to form
. jil
Corporation Counsel
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Approved: a" 3 , 1999 •
64 f
Mayor pro tem
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