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HomeMy WebLinkAboutORDINANCES-1983-035-O-833/11/83 3/1'1/83 3/16/83 • F_J • 35-0-83 AN ORDINANCE Granting a Variation from the Permitted Use and Nonconforming Structures and Use Regulations at 721-25 Oakton Street WHEREAS, the Evanston Zoning Board of Appeals conducted a public hearing on December 21, 1982 and again on January 18, 1983 upon the applica- tion and zoning analysis plans of Cameron C. Flint and Mary T. Flint for variations from the permitted use and nonconforming structure and use regu- lations to permit conversion of the existing building to occupancy by a photo- graphic studio and retention of said building which is designed for a non- conforming use past the elimination date of December 8, 1985 at 721-25 Oakton Street, Evanston, Illinois, property located in an R-3 Two -Family Residence District; said hearings having been conducted pursuant to notice and publica- tion thereof in the manner prescribed by law; and WHEREAS, the Planning and Development Committee of the City Council at a public meeting on March 7, 1983, based on analysis and review of the record of the Zoning Board of Appeals hearings, has recommended that the application for said variations be granted; and WHEREAS, the City Council finds that: This property consists of a lot with 50 feet of frontage on Oakton Street and a depth of 170 feet. It is improved with a vacant one-story commercial building with a gross floor area of 3,000 square feet. The pro- perty. -is located in an R3 Two -Family Residence District which continues to the east, west, and north. Adjacent to the east of the subject property is a large tractt of vacant land. Across Oakton Street to the south is an R6 General Residence District. The applicant proposes to change the use of the building to a photographic studio specializing in supplying films to the graphic arts and to retain the building past its elimination date of December 8, 1985. Zoning Analysis C82-404 of this proposal found: (1) the proposed photographic studio is not a permitted use in the R3 Two -Family Residence District in which the property is located, per Section 6-5-4(A) of the m 3/11/83 3/16'/83 • p� • 35-0-83 Zoning Ordinance; and (2) the nonconforming building and any use thereof is subject to removal, or conversion to a building designed for a residential use in the district 180 days after December 8, 1985, per Section 6-10-6 of the Zoning Ordinance. Such a conversion would require that the existing non- conforming front yard, side yards and off-street parking be brought into compliance with the Zoning Ordinance.; and WHEREAS, the City Council further finds that: Application of Variation Standards 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 owner would be denied all reasonable use of the property if the existing building had to be demolished and re- placed with.a two-family residence. (a) The applicants would suffer a particular hardship as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out, because compliance would require demolition of ,the building and construction of new residential buildings. (b) The proposed variations are not based exclusively on a desire to make more money out of the property, but on a desire to retain the value of the existing building. rather than con- structing a residential building. (c) The alleged hardship does not rest upon the particular financial situation of the property owner, because the contract purchasers have no financial stake, as their contract to pur- chase is subject to acquiring zoning relief. (d) The hardship was not created by the present owner, since the building was built before the current owner took title. (2) The plight of the applicants is due to unique physical circum- stances which are not applicable generally to other property in the same zoning classification, because the existing building is not easily adaptable for a use permitted in the district, and cannot easily be made to comply with the district regulations. b. The proposed variations would be in harmony with the general purpose and intent of tMe Ordinance, and they: (1) Would not alter the essential character of the residential neighbor- hood because there is a nonconforming mixed -use building containing apartments and commercial uses on the corner of Sherman and Oakton. The proposed business would be a quiet, low visibility business with few deliveries of supplies and work. (2) Would not be detrimental to the public welfare, since the applicant proposes to install a new roof, tuck pointing, a new heating system, up- grading of window trimmings, new sidewalks, paved parking in back, and landscaping. (3) The proposed variations would not have an adverse effect upon an adequate supply of light and air to adjacent property, since no additions are proposed to the existing building so as to change the character of the building. -2- 3/11/83 3/16/83 c. The extent of the variation is limited to the minimum change necessary to alleviate the practical difficulty or particular hardship which affects the property because the proposed use is similar to yet less intrusive than the light manufacturing that was in the building previously. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the application of Cameron C. Flint and Mary T. Flint for variations from the permitted use and non- conforming structure and use regulations to permit conversion of the existing building to occupancy by a photographic studio and retention of said building which is designed for nonconforming use past the elimination of December 8, 1985, on the property located at 721-25 Oakton Street, Evanston, Illinois, and legally described as follows: Lot 13 in Block 1 in Inglehart's Addition to Evanston, a Sub- division of 12.5 acres in the Southwest quarter of Section 19, East of Ridge Road, known as Lots 5 to 7 of Assessor's Division of part of the South half of the Southwest quarter of Section 19, Township 41 North, Range 14 East of the Third Principal Meridian, and within the Northwest quarter, East of Ridge Road, in Section 30, Township 41 North, Range 14 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. That the proposed alterations and construction shall conform substantially to the plans submitted to the Zoning Board of Appeals. 2. That in the event the photographic studio use is discontinued in the future, the variations granted herein shall terminate, and the premises shall be made to comply in all respects with the Zoning Ordinance. 3. That the property owners shall execute a covenant in recordable form stipulating to the foregoing terms and conditions. ordinance. SECTION 2: The Director of Building and Zoning is hereby directed to issue such permit pursuant to the terms of this SECTION 3: This ordinance shall be in full force.and effect from and after its passage and approval in the -3- manner' provided by law. Introduced:�U1�1'�` l., Adopted:�� ATT ST: J y Approval a to form: I� or ration Counsel • 1983. 1983. 35-0-83 , 1983. -4-