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HomeMy WebLinkAboutORDINANCES-1987-004-O-8712/22/87 1/13/87 1/16/87 • • 4-0-87 AN ORDINANCE Granting Release from Condition 2 of Ordinance 66-0-81 and Condition 4 of a Covenant WHEREAS, the Evanston Zoning Board of Appeals conducted a public hearing on December 16, 1986 upon the application of Glenview Drumsticks, Ltd. as beneficiary under the'American National Bank and Trust Company of Chicago, Trust #5583, and Brown and Portillo, Inc., lessee, for release from Section 2 of Ordinance 66-0-81 and Condition 4 of a covenant recorded as document #26009434, each of which provides that the variation for a drive-in restaurant be limited to operation and occupancy by Glenview Drumsticks, Ltd., to permit occupancy and operation of the Brown's Chicken Drive -In Restaurant on the premises, irrespective of tenancy, at 1829 Dempster Street, Evanston_, Illinois; property located in a C2 Commercial District; said 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 release be granted, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the application of Glenview Drumsticks, Ltd. as beneficiary under the American National Bank and Trust Company of Chicago, Trust #5583, and Brown and Portillo, Inc., lessee, for release from Section 2 of Ordinance 66-0-81 and condition 4 of a covenant recorded as document #26009434, each of which provides that the variation for a drive-in restaurant be limited to operation and occupancy by Glenview Drumsticks, Ltd., to permit occupancy and operation of the Brown's Chicken Drive -In Restaurant on the premises, irrespective of tenancy on the property located at 1829 Dempster Street, and legally described as follows: Lot A in Plat of Consolidation of Lots 1 to 5, inclusive., in N.P.and W.S. William Subdivision of Block 3 of Chase 4-0-87 • • and Pitner's Addition to Evanston, being a subdivision of the Northwest 1/4 of the Northeast 1/4 of Section 24 of the South 1/2 of the Southwest 1/4 of the Southeast 1/4.of Section 13 (except the North 71.50 feet thereof), Township 41 North, Range 13 East of the Third Principal Meridian, 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. Use as a drive-in restaurant shall be limited to a franchisor of a fried chicken franchise; and 2. Trash receptacles shall be placed at the exits from the parking area serving the lot on which the subject drive-in restaurant is located and the City shall permit the operator/owner to post.a sign or signs describing the City Ordinance applying to litter at the entrances to the parking area for the lot; 3. The hours of operation of the subject drive-in restaurant shall be limited to 11:00 A.M. to 10:00 P.M. Sunday to Thursday, and 11:00 A.M. to 12:00 midnight Friday and Saturday; 4. The owner/operator shall be responsible for litter pickup within a one hundred fifty foot (150) radius of the subject property; and 5. The property owner and lessee shall execute and record an amended covenant, deleting from said amended covenant existing condition 4, contained in the covenant recorded as document number 26009434, and incorporating in the amended covenant the preceding conditions. 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:.ycfii�!/t.c J Adopted : v , 1987. , 1987. Approved .. , 1987. Mayor ATTEST: , City Clerk ti Approved as to form: \� Corpora+tion Couns 1 -2-