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Home My WebLink About126-O-22 Approving Major Variations Pursuant to City Code 6-3-8-10(D) for the Property Located at 1453 Maple Avenue11/28/2022 126-O-22 AN ORDINANCE Approving Major Variations Pursuant to City Code 6-3-8-10(D) for the Property Located at 1453 Maple Avenue WHEREAS, Myefski Architects, Applicant and architect for the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 1453 Maple Avenue (the “Subject Property”) and located in the R6 General Residential District, filed an application, case no. 22ZMJV-0067, seeking approval of Major Variations from the Evanston City Code, 2012, as amended (“the Zoning Code”), to permit twenty four (24) dwelling units where fourteen (14) are permitted (Section 6-8-8-4); a rear-yard setback of zero feet (0’) where twenty five feet (25’) is required and seven and one half feet (7.5’) is the existing legally non-conforming condition (Section 6-8-8-7); and ten (10) leased off-street parking spaces or a parking ratio of .275 per bed where nineteen (19) spaces or a parking ratio of .55 per bed is required (Section 6-16-3-5, Table 16-B), which was considered by the Land Use Commission (“LUC”) on November 9, 2022, pursuant to proper notice; and WHEREAS, the LUC, after hearing testimony and receiving other evidence, made a written record and written findings that the application met the standards for Major Variations set forth in Subsection 6-3-8-12(E) of the Zoning Code and recommended City Council approval of the following Major Variations: (1) to permit twenty four (24) dwelling units where fourteen (14) are permitted by Section 6-8-8-4 of ~1~ Page 1 of 6 Doc ID: e1d9581c8a2d828db0341cdb4cb8e36a15c4e088 126-O-22 the Zoning Code; (2) to permit a rear-yard setback of zero feet (0’) where twenty five feet (25’) is required and seven and one half feet (7.5’) is the existing legally non- conforming condition pursuant to Section 6-8-8-7 of the Zoning Code; and (3) to permit fifteen (15) leased off-street parking spaces or a parking ratio of .413 per bed where nineteen (19) spaces or a parking ratio of .55 per bed is required pursuant to Table 16-B of Section 6-16-3-5 of the Code; and WHEREAS, City Staff supports the LUC’s approval of the Major Variations with the exception that Staff believes it is appropriate to require the Applicant to lease ten (10) leased off-street parking spaces instead of the LUC’s recommendation of fifteen (15) parking spaces; and WHEREAS, at its meeting on December 12, 2022, the Planning and Development Committee of the City Council (“P&D Committee”) received input from the public, carefully considered the LUC’s record and findings and City Staff’s suggestions and recommended the City Council approve the Major Variations, as requested; and WHEREAS, at its meetings of December 12, 2022 and January 9, 2023, the City Council considered the LUC’s and P&D Committee’s records, findings, and recommendations, and adopted the recommendation of the P&D Committee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. ~2~ Page 2 of 6 Doc ID: e1d9581c8a2d828db0341cdb4cb8e36a15c4e088 126-O-22 SECTION 2: The City Council hereby adopts the P&D Committee’s records, findings, and recommendations, and hereby approves, pursuant to Subsection 6-3-8-13 of the Zoning Code, the Major Variations on the Subject Property in case no. 22ZMJV-0067. SECTION 3: The Major Variations approved hereby are as follows: A.To permit twenty four (24) dwelling units where fourteen (14) are permitted by Section 6-8-8-4 of the Zoning Code. B.To permit a rear-yard setback of zero feet (0’) where twenty five feet (25’) is required and seven and one half feet (7.5’) is the existing legally non-conforming condition pursuant to Section 6-8-8-7 of the Zoning Code. C.To permit ten (10) leased off-street parking spaces or a parking ratio of .275 per bed where nineteen (19) spaces or a parking ratio of .55 per bed is required pursuant to Table 16-B of Section 6-16-3-5 of the Code. SECTION 4: Pursuant to Subsection 6-3-8-14 of the Code, the City Council hereby imposes the following conditions on the Major Variation granted hereby, violation of any of which shall constitute grounds for penalties or revocation thereof pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Code: (A)The Applicant shall develop and use the Subject Property in substantial compliance with all applicable legislation, with the testimony and representations of the Applicant to the LUC, the P&D Committee, and the City Council, and the approved plans and documents on file in this case. (B)Residents shall not be eligible for on-street parking permits in Residential Parking Zone F. (C)The Applicant shall continue working with City Staff to study alternative locations for the accessible lift prior to permit issuance. (D)Rooftop mechanicals shall include visual screening. (E)The Applicant shall, at their cost, record a certified copy of this ordinance, including all Exhibits attached hereto, with the Cook County Recorder of Deeds, and provide proof of such recordation to the City. ~3~ Page 3 of 6 Doc ID: e1d9581c8a2d828db0341cdb4cb8e36a15c4e088 126-O-22 SECTION 5: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 6: Except as otherwise provided for in this ordinance, all applicable regulations of the Zoning Code and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 8: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 9: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 10: The findings and recitals herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. ~4~ Page 4 of 6 Doc ID: e1d9581c8a2d828db0341cdb4cb8e36a15c4e088 126-O-22 Introduced:_________________, 2022 Adopted:___________________, 2023 Approved: __________________________, 2023 _______________________________ Daniel Biss, Mayor Attest: _____________________________ Stephanie Mendoza, City Clerk Approved as to form: _______________________________ Nicholas E. Cummings, Corporation Counsel ~5~ November 28 January 9 Page 5 of 6 Doc ID: e1d9581c8a2d828db0341cdb4cb8e36a15c4e088 January 11 126-O-22 EXHIBIT A LEGAL DESCRIPTION Lot 14 and the south 26 feet of lot 13 in block 53 in Evanston in section 18, Township 41 North, Range 14 East of the Third Principal Meridian, in Cook County, Illinois. PIN: 11-18-316-013-0000 Commonly known as 1453 Maple Avenue. ~6~ Page 6 of 6 Doc ID: e1d9581c8a2d828db0341cdb4cb8e36a15c4e088