HomeMy WebLinkAboutORDINANCES-1991-003-O-9112-11-)U
2/28/91
•
3-0-91
AN ORDINANCE
Granting a Special Use and a Variation
at 1919-25 Dempster Street
WHEREAS, the Evanston Zoning Board of Appeals (ZBA)
conducted a public hearing on August 7, September 4, October 2,
November 20, and December 4 1990, upon the application by
McDonald's Corporation for a special use and a variation from
the yard obstruction regulations of the Zoning Ordinance to
permit construction of a fenced play area in conjunction with
the existing type 2 restaurant on the property located at
1919-25 Dempster Street, in an M3 Restricted Manufacturing
District; said public hearings having been conducted pursuant to
notice and publication thereof in the manner prescribed by law;
and
WHEREAS, the Zoning Board of Appeals has recommended
that the application for said special use and variation be
• granted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK. COUNTY, ILL' INOIS :
SECTION 1: That, based upon the evidence and
testimony presented at the hearings, and
upon deliberations and findings of fact contained in the
transcript of the Zoning Board of Appeals Case No. 90-24-
V&SU(R), the application by McDonald's Corporation for a special
use and a variation f_ro:n the yard obstruction regulations of
the Zoning Ordinance to permit construction of a fenced play
area in conjunction with the existing type 2 restaurant on the
property located at 1919-25 Dempster Street in an M3 Restricted
Manufacturing District and legally described as follows:
• Attached hereto as Exhibit A.
is granted, subject to compliance with all other provisions of
the Zoning Ordinance, other applicable laws and the condition
that the existing free standing sign located in front of the
1
3-0-9.1
i
building shall be permitted to remain, provided that the
"drive-thru" sign be removed immediately, until the sign
requires maintenance, the cost of which exceeds fifty per cent
(50%) of the replacement value of the sign. At such time, the
•
existing
free
standing
sign
shall be removed, and any new
free
standing
sign
erected
shall
conform to the regulations of
the
Evanston Sign Ordinance.
SECTION 2: All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 3: This ordinance shall be in full force
and effect from and after its passage,
approval and publication in the manner provided by law.
Introduced:. �i , 1991
Adopted: /��� �� , 1991
• ATTEST:
City Clerk
Appa� ved as to tm.
orporation Counsel
•
2
Approved: � % ��t.2G 'I 11'-2- , 1991
Mayor
EXHIBIT A
PARCEL 1
"A TRACT OF LAND IN THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13 EAST OF
• THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: '
COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF DEMPSTER
STREET (BEING 33 FEET NORTH OF THE SOUTH LINE OF SAID SECTION
13) AND THE WEST LINE OF DODGE AVENUE (BEING 33 FEET WEST OF THE
EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 13) THENCE NORTH
ALONG THE WEST LINE OF DODGE AVENUE, 135 FEET; THENCE SOUTH 87
DEGREES 43 MINUTES 45 SECONDS WEST ALONG A LINE
PARALLEL WITH THE SOUTH LINE OF SAID SECTION 13, 246 FEET TO THE
PLACE OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE
CONTINUING SOUTH 87 DEGREES 43 MINUTES 45 SECONDS WEST, 42.30
FEET TO THE EASTERLY RIGHT OF WAY LINE OF THE CHICAGO AND
NORTHWESTERN RAILWAY (FORMERLY THE JUNCTION RAILWAY COMPANY);
THENCE SOUTH 22 DEGREES 02 MINUTES 45 SECONDS WEST ALONG SAID
• EASTERLY RIGHT OF WAY LINE, 148.08 FEET TO THE NORTH LINE OF
DEMPSTER STREET; THENCE NORTH 87 DEGREES 43 MINUTES 45 SECONDS
EAST ALONG THE NORTH LINE OF DEMPSTER STREET, 42.85 FEET TO A
POINT 301.55 FEET WEST OF THE WEST LINE OF DODGE AVENUE; THENCE
NORTH 22 DEGREES 00 MINUTES 45 SECONDS EAST 148.07 FEET TO THE
PLACE OF BEGINNING, EXCEPTING THEREFROM THAT PART DESCRIBED AS
FOLLOWS:
A TRACT OF LAND IN THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13 EAST OF
-1-
THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF DEMPSTER
STREET (BEING 33 FEET NORTH OF THE SOUTH LINE OF SAID SECTION
13) AND THE WEST LINE OF DODGE AVENUE (BEING 33 FEET WEST OF THE
• EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 13); THENCE
WESTERLY ALONG THE NORTH LINE OF DEMPSTER STREET A DISTANCE OF
•
303.75 FEET TO THE PLACE OF BEGINNING; THENCE CONTINUING ALONG
THE NORTH LINE OF DEMPSTER STREET A DISTANCE OF 40.00 FEET TO
THE SOUTHEAST CORNER OF LOT 2 IN BANBURY SUBDIVISION, BEING A
SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE
THIRD PRINCIPAL MERIDIAN; THENCE IN A NORTHEASTERLY DIRECTION
ALONG THE EASTERLY LINE OF SAID LOT 2 (SAID LINE BEING
ALSO THE FORMER EASTERLY LINE OF THE CHICAGO AND NORTHWESTERN
RAILWAY) A DISTANCE OF 97.14 FEET; THENCE IN A SOUTHERLY
DIRECTION ALONG A LINE WHICH FORMS AN ANGLE OF 22 DEGREES 00
MINUTES 38 SECONDS WITH SAID EASTERLY LINE A DISTANCE OF 88.52
FEET TO THE PLACE OF BEGINNING,
ALSO, EXCEPT THE EAST 150 FEET THEREOF, (AS MEASURED ALONG THE
NORTH AND SOUTH LINES THEREOF) THE PREMISES DESCRIBED AS
FOLLOWS: A TRACT OF LAND IN THE EAST 1/2 OF THE SOUTHWEST 1/4 OF
SECTION 13, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD
PRINCIPAL MERIDIAN, LYING EAST OF THE EASTERLY RIGHT OF WAY LINE
OF THE CHICAGO AND NORTHWESTERN RAILWAY (FORMERLY THE CHICAGO
JUNCTION RAILWAY) BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT '
THE INTERSECTION OF THE NORTH LINE OF DEMPSTER STREET (BEING
33.00 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 13) AND THE
WEST LINE OF DODGE AVENUE (BEING 33.00 FEET WEST OF THE EAST
-2-
LINE OF THE SOUTH WEST 1/4 OF SECTION 13); THENCE NORTH 00
DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE WEST LINE OF DODGE
AVENUE (BEING ALSO 33.00 FEET WEST OF AND PARALLEL WITH THE EAST
LINE OF SAID SOUTH WEST 1/4 OF SECTION 13), A DISTANCE OF 135.00
• FEET; THENCE SOUTH 87 DEGREES 42 MINUTES 20 SECONDS WEST ALONG A
LINE PARALLEL WITH THE SOUTH LINE OF SAID SECTION 13, A DISTANCE
OF 246.00 FEET; THENCE SOUTH 22 DEGREES 01 MINUTES 13 SECONDS
WEST, A DISTANCE OF 148.02 FEET TO A POINT ON THE NORTH LINE OF
SAID DEMPSTER STREET; THENCE NORTH 87 DEGREES 42 MINUTES 20
SECONDS EAST ALONG THE NORTH LINE OF SAID DEMPSTER STREET (BEING
ALSO 33.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF
SAID SECTION 13), A DISTANCE OF 301.55 FEET TO THE POINT OF
BEGINNING,
ALSO, A TRACT OF LAND IN THE SOUTH 1/2 OF THE SOUTH EAST 1/4 OF
THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 33
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
0 COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF DEMPSTER
STREET (BEING 33 FEET NORTH OF THE SOUTH LINE OF SAID SECTION
13) AND THE WEST LINE OF DODGE AVENUE (BEING 33 FEET WEST OF THE
EAST LINE OF THE SOUTH WEST 1/4 OF SAID SECTION 13); THENCE
NORTH ALONG THE WEST LINE OF DODGE AVENUE, 135 FEET TO THE POINT
OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE SOUTH 87
DEGREES 43 MINUTES 45 SECONDS WEST ALONG A LINE PARALLEL WITH
THE SOUTH LINE OF SAID SECTION 13, A DISTANCE OF 288.30 FEET TO
THE EASTERLY RIGHT OF WAY LINE OF THE CHICAGO AND NORTHWESTERN
-3-
RAILWAY (FORMERLY THE JUNCTION RAILWAY COMPANY); THENCE NORTH 22
DEGREES 02 MINUTES 45 SECONDS EAST ALONG SAID EASTERLY RIGHT OF
WAY LINE, 153.42 FEET TO A POINT OF INTERSECTION WITH A LINE 308
FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION
• 13; THENCE NORTH 87 DEGREES 43 MINUTES 45 SECONDS EAST ALONG
SAID LINE 308 FEET NORTH AND PARALLEL WITH THE SOUTH LINE OF
SAID SECTION 13, 230.75 FEET TO THE WEST LINE OF DODGE AVENUE;
THENCE SOUTH ALONG THE SAID WEST LINE OF DODGE AVENUE, 140 FEET
TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PART BOUNDED
AND DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE
NORTH LINE OF DEMSPTER STREET (BEING 33 FEET NORTH OF THE SOUTH
LINE OF SAID SECTION 13) AND THE WEST LINE OF DODGE AVENUE
(BEING 33 FEET WEST OF THE EAST LINE OF THE SOUTHWEST 1/4 OF
SAID SECTION 13); THENCE NORTH ALONG THE WEST LINE OF DODGE
AVENUE A DISTANCE OF 207.29 FEET TO THE POINT OF BEGINNING;
THENCE WESTERLY ALONG A LINE PARALLEL WITH THE SOUTH LINE OF
SAID SECTION 13, A DISTANCE OF 258.49 FEET TO THE EASTERLY LINE
OF LOT 1 IN BANBURY SUBDIVISION, BEING A SUBDIVISION OF PART OF
• THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP
41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN (SAID .'
LINE BEING ALSO THE FORMER EASTERLY RIGHT OF WAY LINE OF THE
CHICAGO AND NORTHWESTERN RAILWAY); THENCE NORTHEASTERLY ALONG
THE EASTERLY LINE OF SAID LOT 1 A DISTANCE OF 74.24 FEET TO THE
POINT OF INTERSECTION WITH A LINE 308 FEET NORTH OF AND PARALLEL
WITH THE SOUTH LINE OF SAID SECTION 13; THENCE EASTERLY ALONG
SAID PARALLEL LINE A DISTANCE OF 230.64 FEET TO THE WEST LINE OF
Q=
DODGE AVENUE; THENCE SOUTHERLY ALONG SAID WEST LINE OF DODGE
AVENUE A DISTANCE OF 67.71 FEET TO THE PLACE OF BEGINNING, ALL
IN COOK COUNTY, ILLINOIS.
• PARCEL 2
THAT PART OF LOT 2 IN BANBURY SUBDIVISION, BEING A SUBDIVISION
OF PART OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 13,
TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL
MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT
IN THE EASTERLY LINE OF SAID LOT 2 WHICH IS 97.14 FEET NORTHERLY
OF THE SOUTHEAST CORNER THEREOF; THENCE IN A NORTHERLY DIRECTION
ALONG A LINE WHICH FORMS A COUNTER CLOCKWISE ANGLE OF 22 DEGREES
00 FEET 38 INCHES WITH SAID EASTERLY LINE A DISTANCE OF 43.48
FEET; THENCE IN AN EASTERLY DIRECTION AT RIGHT ANGLES TO SAID
LAST DESCRIBED LINE A DISTANCE OF 19.64 FEET TO SAID EASTERLY
LINE OF LOT 2; THENCE IN A SOUTHWESTERLY DIRECTION ALONG THE
EASTERLY LINE OF SAID LOT 2 A DISTANCE OF 47.71 FEET TO THE
PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS."
-5-