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HomeMy WebLinkAboutORDINANCES-1986-031-O-862/20/86 • • • 31-0-86 AN ORDINANCE Granting a Variation from the Accessory Building Structure and Use Regulations of the Zoning Ordinance at 1244 Forest Avenue I; WHEREAS, the Evanston Zoning Board of Appeals conducted public 'i hearings on December 10, 1985 and January 21, 1986 upon an application for i variation from the use regulations of the Zoning Ordinance to permit the j second floor of the proposed accessory building to contain a studio; also an application for variation from the accessory building structure and use and yard obstruction regulations of the Zoning Ordinance to permit construction of an accessory building 23 feet in height, said application concerning 1244 Forest Avenue, Evanston, Illinois, property located in an R1 Single Family Resident District; said public hearings having been conducted pursuant to notice and publication thereof in the manner -prescribed by law; and _WHEREAS, the _City. -Council, _based .upon ..the.,transc.ri.pt_of__said hearings of the Zoning Board of Appeals and the hearing and minutes of the. Planning and Development Committee of February 10, 1986 does find with respect to the application for a variation from the use regulations and a variation from the accessory building structure and use regulations and yard obstruction regulations of the Zoning Ordinance, as follows: A. That a hardship will be imposed upon the applicant by denial of this application and that such hardship is not based solely upon the personal financial situation of the applicant. Installation of a garage and an addition to the principal building would not be in keeping with the preservation of an Evanston landmark building. B. That there are unique circumstances with respect to subject property; the building is an Evanston landmark building and construction of an addition to the principal building as opposed to a studio in the proposed garage would destroy the architectural significance of this landmark building. C. That the conditions set forth in paragraphs A and B above are not the result of the applicant's actions. D. The application is not based solely upon financial motivation. E. That if the application for variations from the use regulations of the Zoning Ordinance and variation from the accessory building structure and use regulations and yard obstruction regulations of the Zoning Ordinance is granted, there will not be a change in the character of the locality. 2/20/86 31-0-86 F. That if the variations are granted, there will be no depreciation in the value of adjacent property; and WHEREAS, based upon the recommendation of the Planning and Development Committee that the application for variation from the use, yard obstruction and accessory building structure and use regulations of the Zoning • Ordinance be granted, subject to the following conditions: A. A covenant of agreement to the effect that the subject building will never be used as a dwelling unit and that if the studio is used in connection with a business operated from the premises, it shall be in strict compliance with Section 6-5-1-2 which regulates the conduct of home occupations in the residential districts. Such covenant shall be executed by the applicant. B. The construction shall be in substantial compliance with the plans submitted in connection with the application to the Zoning Board of Appeals. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the application of Geoffrey T. Bushor for variation from the use regulations of the Zoning Ordinance to permit the second floor of the proposed accessory building to contain a studio; also an application for variation from the accessory . building structure and use and yard obstruction regulations of the Zoning Ordinance to permit construction of an accessory building 23 feet in height on property located at 1244 Forest Avenue, Evanston, Illinois and legally described as follows: Lot 2 in Block 74 in North Western University Subdivision of that part of the North 1/2 of the North 1/2 of Section 19, Township 41 North, Range 14, East of the Third Principal Meridian (or Greenbay Road) except 15-1/2 acres in the North East corner thereof, in Cook County, Illinois is granted, subject to compliance with all other provisions of the Zoning Ordinance and the following conditions: A. A covenant of agreement to the effect that the subject building will never be used as a dwelling unit and that if the studio is used in connection with a business operated from the premises, it shall be in strict compliance with Section 6-5-1-2 which regulates the conduct of home occupations in the residential districts. Such covenant shall be executed by the applicant. j B. The construction shall be in substantial compliance with the • plans submitted in connection with the application to the Zoning Board of Appeals. a -2- 2/20/86 • • 31-0-86 I ! SECTION 2: The Director of Building and Zoning is hereby directed to issue such permits pursuant ,to•,the- terms,.,of _this .<.; ... . ordinance. 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: .,2�� �% , 1986 Adopted: ��Gu�t �� 1986 ATTEST: j City Clerk Approved as to form: I Corporation Counsel Approved'",-. /5f Mayor 0 1986 -3-