HomeMy WebLinkAboutORDINANCES-1989-126-O-89lU -J-UJ
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ri FANO CIM-1601
AN ORDINANCE
Granting a Special Use Permit
at 815 Emerson Street
WHEREAS, the Evanston Zoning Board of Appeals (ZBA)
conducted a public hearing on September 12, 1989, upon the
application of Yeranick Ipjian (owner) and Little Caesar
Enterprises, Inc., (lessee) for a special use to permit
establishment of a Type 2 Restaurant on the property located at
815 Emerson Street, on property located in a C2 Commercial
District; said public hearing 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 be granted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That, based upon the evidence and
testimony presented at the hearing, and
upon deliberations and findings of fact contained in the
transcript of the Zoning Board of Appeals Case No. 89-26-SU(R),
the application of the Yeranick Ipjian (owner) and Little Caesar
Enterprises, Inc., (lessee) for a special use to permit
establishment of a Type 2 Restaurant on the property located at
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815 Emerson Street, on property located in a C2 Commercial
District and legally described as follows:
PARCEL 1: LOT 11 (EXCEPT THE EAST 50.0 FEET THEREOF) IN
PAUL PRATT'S ADDITION TO EVANSTON, SAID ADDITION BEING A
•SUBDIVISION OF THE SOUTHWEST 8 AND 1/2 ACRES OF THE
SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST
�j OF THE THIRD PRINCIPAL MERIDIAN.
PARCEL 2: LOT 10 (EXCEPT THE WEST 40.0 FEET THEREOF) IN
PAUL PRATT'S ADDITION TO EVANSTON, BEING A SUBDIVISION
OF THE SOUTHWEST 8 AND 1/2 ACRES OF THE SOUTH HALF OF
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE
THIRD PRINCIPAL MERIDIAN.
sPARCEL 3: THE SOUTH 25.30 FEET OF LOT 14 IN HUSE AND
PWER'S ADDITION TO EVANSTON IN SECTION 18, TOWNSHIP 41
NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN.
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PARCEL 4-A: LOT 14 (EXCEPT THE SOUTH 25.30 FEET THEREOF
AND EXCEPT THE NORTH 5.66 FEET THEREOF), IN HUSE AND
POWER'S ADDITION TO EVANSTON, IN SECTION 18, TOWNSHIP 41
NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
COOK COUNTY, ILLINOIS.
PARCEL 4-B: THAT PARCEL OF LOTS 12 AND 13 IN PAUL
PRATT'S ADDITION TO EVANSTON, A SUBDIVISION OF THE
SOUTHWEST 8 AND 1/2 ACRES OF THE SOUTH HALF OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION
18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD
PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT
THE SOUTHEAST CORNER OF LOT 12 IN SAID PAUL PRATT'S
ADDITION; THENCE WEST ON THE SOUTH LINE OF LOTS 12 AND
13 IN SAID PAUL PRATT'S ADDITION, TO A POINT 15.0 FEET
EAST OF THE SOUTHWEST CORNER OF LOT 13; THENCE
NORTHWESTERLY 19.12 FEET TO A POINT 13.34 FEET EAST OF
THE WEST LINE OF SAID LOT 13 AND 19.05 FEET NORTH OF THE
SOUTH LINE OF SAID LOT 13; THENCE EASTERLY IN A STRAIGHT
I' LINE TO A POINT ON THE EAST LINE OF LOT 12 IN PAUL
PRATT'S ADDITION, WHICH POINT IS 19.81 FEET NORTH OF THE
SOUTH LINE OF SAID LOT 12; THENCE SOUTH ON THE EAST LINE
OF SAID LOT 12 TO THE PLACED OF BEGINNING, IN COOK
COUNTY, ILLINOIS.
PARCEL 5: THE EAST 50.0 FEET OF LOT 11 IN PAUL PRATT'S
ADDITION TO EVANSTON, SAID ADDITION BEING A SUBDIVISION
OF THE SOUTHWEST 8 AND 1/2 ACRES OF THE SOUTH HALF OF
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE
THIRD PRINCIPAL MERIDIAN.
PARCEL 6: LOT 13 IN HUSE AND POWER'S ADDITION TO
EVANSTON, A SUBDIVISION OF LOT 7 OF ASSESSOR'S DIVISION
OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE
THIRD PRINCIPAL MERIDIAN, ALL IN COOK COUNTY, ILLINOIS.
is granted, subject to compliance with all other provisions of
the Zoning Ordinance, other applicable laws and the following
conditions:
1. The property owner shall have stop signs posted at
each driveway exiting upon a public street or
alley;
2. Food service by said Type 2 restaurant shall be
limited to pizza, non-alcoholic beverages,
sandwiches and salads;
3. Cooking of pizzas within said Type 2 restaurant
shall be done in electrically heated conveyor belt
ovens containing heating plates, substantially the
same as the ovens described in the testimony on
September 19, 1989;
4. No amusement devices, as defined in Section 3-8-1
of the City Code shall be established or
maintained within said Type 2 restaurant.
5. Food odors emanating from said Type 2 restaurant
shall not be detectable to persons at a distance
of 30 feet or more from the subject property;
6. No alcoholic beverages shall be served or sold by
said Type 2 restaurant or the shopping center in
which said Type 2 restaurant is located;
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7. Delivery of food products, soft drinks and paper
goods to said Type 2 restaurant shall be limited
to no more than three times a week in either the
mid -morning or mid -afternoon;
8. Garbage pick-up from the shopping center shall be
a minimum of three times per week;
9. All employees of said Type 2 restaurant driving
motor vehicles to the premises shall park on the
north side of the building;
10. The operator of said Type 2 restaurant shall
institute the litter collection plan identified as
applicant's Exhibit 7 in connection with the
Zoning Board of Appeals, case 89-26-SU(R).
11. The larger area depicted on the litter collection
plan submitted as Exhibit 7 in connection with the
Zoning Board of Appeals case 89-26-SU(R), shall
be policed no less than twice a day;
12. The existing exterior lighting depicted in the
photographs which were identified by the owner of
the premises as Exhibits E, H, and I in connection
with Zoning Board of Appeals case 89-26-SU(R),
shall be accepted as the lighting plan for the
shopping center and no further additional
exterior lighting shall be permitted;
13. That except as otherwise provided in the lease
with the White Hen Pantry, the owner of the
premises and the owner and operator of the subject
Type 2 restaurant or its successor, shall not
permit customers to consume food in the parking
lot;
14. Except as otherwise provided in the existing lease
with White Hen Pantry, no occupant of the property
shall be permitted to accept goods for sale or
processing or resale which are delivered from
trucks which are parked in a street or in the
alley;
15. The signage for said Type 2 restaurant shall be
substantially in compliance with applicant's
Exhibit 8, which was identified in connection with
Zoning Board of Appeals case 89-26-SU(R), except
that it shall be in strict compliance with the
requirements of the Evanston Sign Ordinance;
16. The hours of operation of said Type 2 restaurant
shall be limited to 10:30 A.M. to 11:00 P.M.,
Sunday through Thursday and 10:30 A.M. to 12:30
A.M., Friday and Saturday;
17. Said Type 2 restaurant shall be limited to a
maximum of 24 seats;
18. Food served by said Type 2 restaurant shall be
limited to dining on the premises or carry -out
service, but shall not be entitled to delivery
service of any type;
19. The property owner and the owner or operator of
said Type 2 restaurant shall post signs which are
legible to persons located in vehicles on the
premises stating that the consumption of food in
the parking lot is prohibited;
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20. The signage of Perfecto Cleaners shall be turned off
between the hours of 11:00 p.m. to 6:30 a.m. daily and
said signage shall be brought into compliance with the
City Sign Ordinance on or before December 4, 1992; and
21. Occupants of the property shall provide notice of the
parking restrictions contained herein and on immediately
adjacent right-of-way property to those who deliver goods
and services to the occupants of the subject property.
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 form and after its passage,
approval and publication in the manner provided by law.
Introduced:_ k-tiLev .�W 2 1989
C ' /
Adopted: `- %� '�/121V7 1989
ATTEST:
City Cletk
Ap roved as to pf'
Corporation Counsel
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Approved:
1rl
, 1989