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Home My WebLink AboutORDINANCES-1987-078-O-878/5/87 8/10/87 8/19/87 • • • 78-0-87 I AN ORDINANCE Granting Variations and Special Use at 519,-31 Church Street WHEREAS, the Evanston Zoning Board of Appeals conducted a public hearing on June 2 and 16, and July 21, 1987, upon the application of the City of Evanston and RESCORP Development, Inc. for variations from the floor area ratio, i� building lot coverage, gross lot coverage and side yard I. regulations of the Zoning Ordinance to permit construction of a i; multiple family -dwelling and a special use to permit construction of a parking structure at 519-31 Church Street, i, Evanston, Illinois, property located in an R7 General Residence 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 variations and special use be 1 granted;' and WHEREAS, based upon the application and testimony presented, the City Council has made the following findings of f act: As to the variations requested: ` A. There is a particular hardship in the way of carrying out the strict letter of the regulations in this case, namely: 1. The property in question cannot yield a reasonable return or is greatly reduced in value if it is permitted to be used only under the conditions allowed by the regulations in the zoning district, since there is a need to use the property for municipal purposes but also develop a prime piece of downtown land in such a way that it might generate tax revenue and offset the negative impact that a naked parking structure would have if constructed alone on the site, and a. the property owner would suffer a particular hardship as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out, since there is no other land of sufficient size or acceptable location within, or adjacent to, the central business district which could contain the proposed mixed use development and allow the City to provide additional off-street parking while at the same time providing for an 78-0-87 increase in the tax base of the City; �I b. the purpose of the variation is not based exclusively on a desire to make more money out of the I property, but is based instead on a need to address I� the shortage of off-street parking in the downtown business district through a mixed -use development which will also increase the City tax base; •C. � the alleged hardship does not rest upon the particular financial situation of the applicant, but rests instead on the needs of the City for a larger off-street parking facility, while at the same time masking the structure with a multiple -family i dwelling; and d. the alleged hardship has not been created by any person presently having an interest in the property, but arises instead from the need of the City to create additional off-street parking to serve the I' downtown business district, while at the same time obtaining some revenue from the site and masking the i parking structure with a multiple -family dwelling. 2. The plight of the owner is due to unique circumstances which are not applicable generally to other property within the same zoning classification, in that this is the only City -owned property that allows itself to be used for this type of facility since there are no other large .City -owned R-7 tracts of land; the narrow frontage of the lot requires that variations be granted to accommodate the facility; and the site is the only large undeveloped R-7 tract existing immediately adjacent to the downtown business district. • B. The proposed variations, if granted, will be in harmony with the general purpose and intent of the ordinance and: 1. will not alter the essential character of the locality. Currently the property is used as an open, off-street parking lot by the City, and is. zoned R-7, General Residence District, the highest residential classification now existing in the zoning ordinance. Under this classification a total of 245 dwelling units could be constructed on.the tract, but only 190 are being proposed. Further, the City could develop a massive parking structure on this site which would is be much more undesirable from the standpoint of the ' neighbors since, without the variations requested, the proposed parking structure would not be masked by a multiple -family dwelling. 2. the proposed variations will not be detrimental or injurious to the public welfare or depreciate the value of other property or improvements to the E; neighborhood when consideration is given to the need I of the City for additional off-street parking to serve the downtown business district and to the fact that more dwelling units could be constructed than are now being proposed by the applicant. The proposal will allow additional off-street parking for cars now having to park on the streets and the apartment • facade will tend to mask the parking -structure. I 3. the proposed development will not impair an adequate supply of light and air to adjacent property, nor I l I -2- i I i • • substantially increase the danger of fire or otherwise endanger the public safety. The project is designed to maximize setbacks on all sides, and is separated from other properties by streets to the south, west and north and by a public alley to the east. Further, the structure is so proposed that it steps down to the buildings to the east in order to lessen its impact. C. The extent of the proposed variation is limited to the minimum change necessary to alleviate the particular hardship demonstrated by the applicant. As to the special use requested: A garage over 12' in height is necessitated by the public interest since additional off-street parking to serve the central business district is necessary to accommodate the needs of office users and shoppers in the area. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the application of the City of Evanston and RESCORP Development, Inc. for variations from the floor area ratio, building lot coverage, gross lot coverage and side yard regulations of the Zoning Ordinance to permit construction of a multiple -family dwelling and a special use to permit construction of a parking structure at 519-31 Church Street, Evanston, Illinois and legally described as follows: All that part of Lot 1 in Plat of Consolidation of the j South.12 ft. of Lot 3 and all of Lots 4, 5, 6, 7, 8, 9 and 10 together with all that part of Lot 2 and Lot 3 (except the South 12 ft. thereof), all in Block 14, in Evanston, in the East half of Section 18, Township 41 North, Range 14 East of the Third Principal Meridian, in Cook County,Illinois be granted, subject to compliance with all other provisions of the'Zoning Ordinance, other applicable laws and the following I conditions: 1. The proposed construction shall be in substantial compliance with the testimony presented and plans placed on file in connection with this case; 2. Landscaping shall be installed in conformity with the revised landscaping plan presented at the June 16, 1987 hearing and identified as Exhibit #16. SECTION 2: The Director of Building and Zoning is hereby directed to issue such i permits pursuant to the terms of this ordinance. i� -3- I� I' i I i 78-0-87 i I SECTION.3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: This ordinance shall be in full force and effect from and after its passage, • approval, and publication in the manner provided by law. i Introduced: 1987. ,; �r Adopted: 1987. ATTEST: City Clerk Appro �da`s�to_� fo m: Corporati i Counsel • • Appr ved: ,3(� , 1987. Mayor -4-