HomeMy WebLinkAbout125-O-22 Amending A Major Variation at 3101 Central Street in the R4 General Residential Zoning District and oCSC Central Street Overlay District
12/12/2022
125-O-22
AN ORDINANCE
Amending A Major Variation at
3101 Central Street in the R4 General Residential Zoning District and
oCSC Central Street Overlay District
WHEREAS,Lakeside Auto Rebuilders Inc.,(the “Applicant”), owner of the
property commonly known as 3101 Central Street (the “Subject Property”), located
within the R4 General Residential Zoning District and the oCSC Central Street Overlay
District and legally described in Exhibit A, attached hereto and incorporated herein by
reference, previously submitted an application seeking approval of Major Variations to
construct a five hundred and eighty (580) square foot on-story garage bay enclosure;
expand the legally nonconforming use for an Automobile Repair Service Establishment
and an Automobile Body Repair Establishment, and granting related zoning
requirements imposed by Subsections 6-16-3-5, Table 16-B of Title 6 of the Evanston
City Code of 2012, as amended (“the Zoning Code”); and
WHEREAS,the Subject Property already had an existing Major Variation
condition pursuant to Ordinance 27-O-87, attached hereto and incorporated herein by
reference as Exhibit B, and Covenant 87-359274, attached hereto and incorporated
herein by reference as Exhibit C, requiring termination of use upon transfer of
ownership of the property for the legally nonconforming use of an Automobile Repair
Service Establishment and Auto Body Repair Establishment where said uses are not
eligible permitted or special uses in the R4 General Residential District or an eligible
Active Ground Floor Use in the oCSC Central Street Overlay District; and
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WHEREAS, on August 27, 2019, the Zoning Board of Appeals (“ZBA”),
pursuant to proper notice, held public hearings in case no. 19ZMJV-0076 to consider
the application, received testimony, and made written records and 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 denial thereof; and
WHEREAS, at its meetings of September 23, 2019, and October 14,
2019, the City Council considered and adopted the recommendation of the P&D
Committee and approved the Major Variations on the Subject Property applied for in
Ordinance 105-O-19, attached hereto and incorporated herein by reference as Exhibit
D; and
WHEREAS, pursuant to Subsection 6-3-8-14 of the Zoning Ordinance, the
City Council imposed conditions on the Major Variations granted, including the condition
(F) that “[t]he variations granted herein shall terminate upon the transfer of ownership of
the property to anyone other than Vartkes Yegiyayan, Mari Yegiyayan, Anni Yegiyayan
Tokat or Sarkis Tokat or the survivor of them, or upon the cessation of operations of the
public garage business by Sarkis Tokat”; and
WHEREAS, the Applicant submitted for major zoning relief to amend an
existing Major Variation condition required by Ordinance 105-O-19, Ordinance 27-O-87,
and Covenant 87-359274 that requires termination of use upon transfer of ownership of
the property for the legally nonconforming use of an Automobile Repair Service
Establishment and Auto Body Repair Establishment; and
WHEREAS, at its October 26, 2022 meeting, the Land Use Commission
(“LUC”) pursuant to proper notice, held public hearings in case no. 22ZMJV-0076 to
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consider the application, received testimony, made written records and findings, and
unanimously recommended for approval that: (1) the condition requiring termination of
use upon transfer of ownership of the property be removed and (2) that any new
ownership agrees to continue to operate by appointment only or seek an amendment;
and
WHEREAS,at its meeting on December 12, 2022, the Planning and
Development (“P&D”) Committee of the City Council considered the LUC’s
recommendation, and recommended City Council approval of the relief from a Major
Variation, as requested; and
WHEREAS,at its meetings of December 12, 2022, and January 9,
2023, the City Council considered 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 hereby found as fact and
incorporated herein by reference.
SECTION 2:The City Council hereby adopts the P&D Committee’s
records, findings, and recommendations, and hereby approves, pursuant to Subsection
6-3-8-10(D) of the Zoning Ordinance, the amendment to an existing Major Variation on
the Subject Property applied for in case no. 22ZMJV-0076 and described hereinabove.
SECTION 3:The amendment to Major Variation approved hereby is as
follows:
(A)Condition (F) from Ordinance 105-O-19, “[t]he variations granted herein shall
terminate upon the transfer of ownership of the property to anyone other than
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Vartkes Yegiyayan, Mari Yegiyayan, Anni Yegiyayan Tokat or Sarkis Tokat or the
survivor of them, or upon the cessation of operations of the public garage
business by Sarkis Tokat,” shall be removed.
SECTION 4: Pursuant to Subsection 6-3-8-14 of the Zoning Ordinance,
the City Council hereby imposes the following conditions, 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 Ordinance:
(A) Compliance with Requirements: 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) New Ownership: Any new ownership must continue to operate by appointment
only or seek an amendment concerning operation by appointment only; and
(C) Recordation: The Applicant shall, at its 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.
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 6: Except as otherwise provided for in this ordinance, all
applicable regulations of the Zoning Ordinance 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.
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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.
Introduced:_________________, 2022
Adopted:___________________, 2023
Approved:
__________________________, 2023
_______________________________
Daniel Biss, Mayor
Attest:
_______________________________
Stephanie Mendoza, City Clerk
Approved as to form:
_______________________________
Nicholas E. Cummings, Corporation Counsel
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December 12
January 9
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January 11
125-O-22
EXHIBIT A
Legal Description
The East 128 feet of Lot 2 in Henry Wittbold's Subdivision of the South 47 feet of Lots 5
and 8 and that part of Lot 7 lying East of the West 247.50 feet thereof all in that part of
the East 1/2 lying South of Gross Point Road of the County Clerk's Division of Fractional
Section 33, Township 42 North, Range 13 East of the Third Principal Meridian in Cook
County, Illinois
PIN: 05-33-425-032-0000
Commonly Known As: 3101 Central Street, Evanston, Illinois.
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EXHIBIT B
ORDINANCE 27-O-87
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EXHIBIT C
COVENANT 87-359274
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EXHIBIT D
105-O-19
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