HomeMy WebLinkAboutORDINANCES-1987-127-O-8712/2/87
127-0-87
AN ORDINANCE
�i Granting a Special Use at 1966 Dempster �
I� WHEREAS, the Evanston Zoning Board of Appeals !
;conducted a public hearing on November 17, 1987 upon the
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1application of Banbury/Evanston Limited Partnership, as
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''beneficiary under the LaSalle National Bank, Trust 109877, for
Ila special use to permit etablishment of a type 2 restaurant
without a drive-in facility at 1966 Dempster Street, Evanston,
Illinois, property located in an M3..Manufacturing district;
I1said hearing having been conducted pursuant to notice and
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,,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,
I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
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1�,THE CITY OF EVANSTON', COOK COUNTY, ILLINOIS:
ii SECTION 1: That based upon the evidence and
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'Itestimony presented at the hearing, and upon deliberations and
;findings of fact contained in the transcript of the Zoning
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lBoard of Appeals Case No. 87-27-SU(R), the application of
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i!Banbury/Evanston Limited Partnership, as beneficiary under the
,;LaSalle National Bank, Trust 109877, for a special use to j
!';permit establishment of a type 2 restaurant without a drive-in
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11facility at 1966 Dempster Street, Evanston, Illinois and
illegally described as follows:
I Parcel 1:
�i Lot 1 in Banbury Third Consolidation, recorded March 27,
1987 as Document 87162463 being a consolidation of part of
Lot 1 in Banbury Second Consolidation'and part of Lot "A"
if in Calhoun Norton Consolidation, both in the Northwest 1/4
i of Section 24, Township 41 North, Range 13 East of the
II Third Principal Meridian, in Cock County, Illinois.
Excepting therefrom the following: i
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That part of Lot 1 in Banbury Consolidation in the
I) Northwest 1/4 of Section 24, Township 41 North, Range 13
East of the Third Principal Meridian, recorded March 19,
1986 as Document Number 86107329 and filed March 19, 1986
as Document Number 3502281 described as follows:
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Commencing at the most Easterly Southerly corner of said
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Lot l; thence Northerly along the East line of said Lot 1,
a distance of 19.88 feet; thence Westerly at right angles
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to the East line of Lot 1, a distance of 1A5,0{0 feet;
thence Northerly, parallel with the East line of Lot 1, a
distance of 2.00 feet to the point of beginning; thence
Westerly,
y, at right angles to the East line of Lot 1, a
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distance of 307.33 feet; thence Northerly, parallel with
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the East line of .Lot 1, a distance of 38.00 feet; thence
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Easterly at right angles to the last described line, a
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distance of 114.0 feet; thence Northerly, parallel with
the East line of'Lot 1, a distance of 195'.00 feet; thence
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Easterly at right angles to the last described line, a
distance of 193.33 feet; thence Southerly, parallel with
the East line of Lot 1, a distance of 233.00 feet to the
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place of beginning, in Cook County, Illinois.
�IAlso
excepting therefrom:
Part of Lot 1 in Banbury Consolidation in the North West
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1/4 of Section 24, Township 41 North, Range 13 East of the
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Third Principal Meridian recorded March 19, 1986 as
Document Number 86107329 and filed March 19, 1986 as
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Document Number 3502281 described as follows:
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Commencing at the most Easterly Southerly corner of said
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Lot 1; thence Northerly along the East line of Lot 1, a
distance of 19.88 feet; thence Westerly at right angles to
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the East line of Lot 1, a distance of 15.00 feet to the
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point of beginning; thence continuing Westerly, at right
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angles to the East line of Lot 1, a distance of 90.00
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feet; thence Northerly, parallel with the East line of Lot
1, a distance of 235.00 feet;.thence Easterly at right
angles to the last described line, a distance of 7,5.00
feet'; thence Northerly, parallel with the East line of Lot
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1, a distance of 5.00 feet; thence Easterly at right
angles, to the last described line, a distance of 15.00
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feet; thence Southerly, parallel with the East line of Lot
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1, a distance of 240.00 feet to the place of beginning, in
Cook County, Illinois.
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Also Excepting Therefrom:
That part of Banbury Third Consolidation, being a
consolidation plat recorded as Document Number 87162463,
legally described as follows: That part of Lots 8, 9, 10,
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11 and 12 in Block 2 in Grover -and Pitner's addition to
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Evanston, a subdivision of the South West 1/4 of the North
East 1/4 of the North West 1/4 of Section 24, Township 41
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North, Range 13 East of the Third Principal Meridian
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described as follows: Beginning at a point on the South
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line of said Lot 12 at its intersection with a line drawn
45.00 feet Northwesterly of and parallel with -the center
line between the two main tracks (the Northwesterly of two
main tracks having been removed) of the Chicago and
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Northwestern Transportation Company, as said center line
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was originally located and established; thence
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Northeasterly parallel with said original center line a
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distance of 241.64 feet; thence Southeasterly at right
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angles to the last described line, a distance of 5.00
feet; thence Southwesterly along a line drawn 40.00 feet
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Northwesterly of and parallel with the aforesaid original
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center line, a distance of 239.38 feet to the point of
intersection with the South line of Lot 12 aforesaid;
thence West, along said South line a distance of 5.49 feet
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to the hereinabove described point of beginning in Cook
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County, Illinois.
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Parcel 2
Easement for the benefit of Parcel 1 for ingre6s and
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egress required for the purpose of maintenance of common
utility facilities and other utilities serving the parcel
• and for .the installation, operation, maintenance, repair,
{ relocation and removal of common utility facilities, if
;I any, in a manner which does not interfere with any
building use or operation in and over that portion of:
Parts of Lot 1 in Banbury Consolidation in the North West
II 1/4 of Section 24, Township 41 North, Range 13, East of
jl the Third Principal Meridian, recorded March 19, 1986 as
Document Number 86107329 and filed March 19, 1986.as
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Document Number LR 3502281 described as follows:
�I (A) Commencing at the most Easterly Southerly corner of
said Lot 1; thence Northerly along the East line of said
;! Lot 1, a distance of 19,.88 feet; thence Westerly at right
�i angles to the East line of Lot 1, a distance of 105 feet;
thence Northerly, parallel with the East line of Lot 1 a
it distance of 2 feet to the point of beginning; thence
Westerly, at right angles to the East line of Lot 1, a
distance of 307.33 feet; thence Northerly, parallel with
the East line of Lot 1, a distance of 38 feet; thence
Easterly at right angles to the last described line, a
distance of 114 feet; thence Northerly, parallel with the
East line of Lot 1, a distance of 195 feet; thence
Easterly at right angles to the last described line, a
Ii distance of 193.33 feet; thence Southerly, parallel with
! the East line of Lot 1, a distance of 233 feet to the
i place of beginning, in Cook County, Illinois.
(B) Commencing at the most Easterly Southerly corner of
• i said Lot 1, thence Northerly along the East line of Lot 1,
i' a distance of 19.88 feet; thence Westerly at right angles
to the East line of Lot 1, a distance of 15 feet to the
! point of beginning; thence continuing Westerly, at right
it angles to the East line of Lot 1, a distance of 90 feet;
;! thence Northerly, parallel with the East line of Lot 1, a
H distance of 235 feet, thence Easterly at right angles to
ii the last described line a distance of 75 feet; thence
Northerly, parallel with the East line of Lot 1, a
j distance of 5 feet; thence Easterly at right angles to the
last described line a distance of 15 feet; thence
I Southerly, parallel with the East line of Lot 1, a
distance of 240 feet to the place of beginning, in Cook
Ccunty, Illinois.
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" Pursuant to reciprocal easement and operation agreement
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I made by LaSalle National Bank, Trustee under Trust
agreement dated June 17, 1985 and known as Trust Number
109877 and Toys "R" Us Inc.., a corporation of Delaware
dated June 9, 1986 recorded June 27, 1986 as Document
!� Number 86264888.
Parcel 3
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Non-exclusive perpetual utility easement for the benefit
of part of parcel 1 on, over, under through and across.
• The Westerly 15 feet, as measured at right angles to the
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West line thereof, of.the following described property:
II That part of Lot 1, in Banbury Consolidation in the North
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East 1/4 of the North West.1/4 of Section 24, Township 41
North, Range 13 East of the Third Principal Meridian
jj according to the Plat thereof recorded March 19, 1986 as
�j Document Number 86107329, described as follows:
Commencing at the most Southwesterly corner of said Lot 1,
thence North 87 degrees, 29 minutes, 24 seconds East along
the South line of said Lot 1, a distance of,32.93 feet to
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1i the point of beginning, thence continuing North 87
degrees, 29 minutes, 24 seconds East along said South line
a distance of 71.36 feet to a corner of Lot 1, being also
i; the South West corner of Lot "A" in Calhoun Norton
j! Consolidation in the North East 1/4 of the North West 1/4
�I of said Section 24, Recorded March 3, 1965 as Document
j Number 19396701; thence North 21 degrees, 51 minutes, 29
seconds, East along the South line of said Lot 1, being
I also the West line of said Lot "A" in Calhoun Norton
Consolidation, a distance of 326.30 feet to a corner of
Lot 1; thence North 87 degrees, 29 minutes, 24 seconds,
East along the south line of said Lot 1, being also the
West line of said Lot "A" in Calhoun Norton Consolidation,
a distance of 16.47 feet to a corner of Lot 1; thence
North 21 degrees, 51 minutes, 29 seconds, east along the
it South line of said Lot 1, being also the West line of said
�! Lot "A" in Calhoun Norton Consolidation, a distance of
�} 34.53 feet; thence South 87 degrees, 29 minutes, 24
' seconds, West 87.83 feet; thence South 21 degrees, 51
minutes, 29 seconds, West 360.84 feet to the place of
beginning, in Cook County, Illinois.
i As contained in easement agreement made by Northwest
j National Bank of Chicago, Trustee under Trust Agreement
dated August 14, 1979 and known as Trust Number 5502,
Northern Trust Bank of Palm Beach, Florida N.A., Nan P.
. Norton Delatucsh (Formerly known as Nan P. Norton) and
Michael C. Norton as Trustees under that certain
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;I Calhoun -Norton Marital Trust created by a trust agreement
!! dated December 6, 1979 (collectively the Norton trustees),
Arens Controls, Inc. Corporation of Illinois, LaSalle
•. National Bank, Trustee under Trust Agreement dated June 9,
1986 and known as Trust number 111203 (the LaSalle Trust)
and Banbury/Evanston Limited Partnership, an Illinois
Limited Partnership, dated October 1, 1986 recorded
November 16, 1986 as Document 86522197.
,be granted, subject to compliance with all other provisions of
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j;the Zoning Ordinance, other applicable laws and the following
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,conditions:
1. Said type 2 restaurant shall be installed in
1i substantial compliance with the testimony presented
I and the plans placed on file in connection with this
case and shall be limited to the store commonly known
li as 1966 Dempster Street;
j.. 2. Said type 2 restaurant shall be limited solely to the
serving.of cold sandwiches, yogurt products, soft
drinks, coffee, tea,'baked goods, salads and soups;
3. No fried or deep fried food shall be prepared or
j served within said type 2 restaurant;
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Ij 4. No amusement devices, as defined in Section 3-8-1, of
I the City Code, shall be established or maintained
within the said type 2 restaurant;.
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5. The litter collection plan agreed to by the applicant
!' at the hearing and appended to the Zoning Board of
Appeals ZBA 87-27-SU(R) report as a part thereof
I' shall be instituted;
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I 6. The ordinance granting the special use for said type
2 restaurant and the litter collection plan, appended
to this report, shall both be prominently displayed
within the establishment.
SECTION 2: The Director of Building & Zoning is
I� hereby directed to issue such permits
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i� pursuant to the terms of this ordinance.
i; SECTION 3: All.ordinances or parts of ordinances
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in conflict herewith are hereby repealed.
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SECTION 4: This ordinance shall be in full force
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and effect from and after its passage,
approval, and publication in the manner provided by law.
Introduced: J�� 1987.
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i Adopted: .L�� ! 1987.
Appr ed 19 8 7.
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I (j Mayor
ATTEST:
City Clerk
roved as1 t form:
` Corpor tion Counsel
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