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HomeMy WebLinkAboutORDINANCES-1987-055-O-87' 5/27/87 i 6/10/87 I 2/26/87 !I 55-0-87 j' AN ORDINANCE Granting a Special Use at 843 Dodge Avenue to Permit a Type 2 Restaurant • !` WHEREAS, the Evanston Zoning Board of Appeals 11 conducted a public hearing on May 19, 1987 upon the application ;1 of Allan N. Neiderman, Allen S.-Liss and Jack I. Heller, as beneficiaries under the Old Orchard Bank and Trust Company, ;I Trust 8513, and Fun In The Bun Enterprises for a special use to permit establishment of a Type 2 Restaurant, at 843 Dodge Avenue, Evanston, Illinois, property located in a Cl Commercial District; said hearing having been conducted pursuant to notice I and publication thereof in the manner prescribed by law; and f WHEREAS, the Zoning Board.of Appeals has recommended I that the application for said variations 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 Allan N. Neiderman, Allen S. Liss and Jack I. ji Heller, as beneficiaries under the Old Orchard Bank and Trust i ;I Company, Trust 8513, and Fun In The Bun Enterprises for a i special use to permit establishment of a Type 2 Restaurant at * 843 Dodge Avenue, Evanston, Illinois and legally described as I, follows: i Lot 10 in Block 4 in Pitner & Sons Second Addition to j. South Evanston, in Section 24, Town 41 North, Range 13, East of the Third Principal Meridian; also Lot 11 in Block 4 (excepting that part thereof lying West !. of a line 40 feet East of and parallel with the West line j, of the Southeast Quarter of said Section 24) in Pitner & ' Sons Second Addition to South Evanston, aforesaid, 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. Said type 2 restaurant shall be constructed and operated in conformity with the testimony presented ' at the hearing; 2. The proposed type 2 restaurant shall be limited to the area indicated as store number 3 on the "building plan" submitted in connection with this case; • �i 3. The special use granted herein shall terminate when (a) Fun in the Bun Enterprises, Inc. is no longer the owner of said type 2 restaurant; or (b) the interest in said corporation by Bonnie D. Hanna, Michael Hanna and Allen S. Liss, jointly or separately, is reduced to less than fifty-five percent; or (c) the premises cease for a period greater than 120 days to be used (� for a type 2 restaurant; 4. The hours of operation for said type 2 restaurant shall be limited to 12:00 noon to 8:00 p.m. on Sundays; 11:00 A.M. to 10:00 P.M. on Monday.through Saturday during the months of September through May; and 11:00 A.M. to 11:00 P.M. during the months of June through August; 5. All proposed signage shall comply with the Sign Ordinance regulations; 6. The litter collection plan identified at the hearing as exhibit 1 and appended as a part of the ZBA report #86-42-SU(R) shall be instituted, except that the 150 foot radius mentioned in paragraph 2 of said exhibit 1 shall be exclusive of streets or alleys and the refuse collections mentioned in paragraph 3 of said exhibit 1 shall be a minimum of three times a week rather than twice a week as stated; • 7. All exhaust vents and air conditioning systems serving the proposed type 2 restaurant shall be i located on the roof and must remove grease and suspended particles creating odors which would be objectionable to adjacent residential neighbors; i 8. An eight -foot solid fence shall not be required along g , the south property line since the proposed type 2 restaurant is not immediately adjacent thereto; i i I; 9. A covenant of agreement to the above terms and conditions shall be prepared by the applicants, �i reviewed by the City Law Department, and upon approval, shall be executed and recorded by the applicants with a copy of said recorded covenant furnished to the City Law Department and Building and i Zoning Department., SECTION 2: Severability: If any section of this ordinance or any part thereof is held invalid, the remainder of this ordinance and sections thereof shall not be affected thereby. 1WM • 0., 55-0-87 I� SECTION 3: The Director of Building and Zoning I g , I is hereby directed to issue such permits �! pursuant to the terms of this ordinance. if SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: This ordinance shall be in full force and effect from and after its passage, i Iapproval, and publication in the manner provided by law. !i i i I� Introduced: c,yt.Q I Adopted: I II II ATTEST:. City Clerk I Appr ved as to fo �! Corporationtounsel I! 1) i! 'I !i 1987. 1987. Appr ed: �y�Q 1987. Mayor I -3-