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Home My WebLink AboutORDINANCES-1983-043-O-83• a6/5/83 5/6/83 5/6/83 • is U j 43-0-83 i� AN ORDINANCE Granting a Special Use and 1 Variation for Property at 2901 Central Street WHEREAS, the Evanston Zoning Board of Appeals conducted a, public hearing on Parch 15, 1983 upon the application of Daniel E. Eberhardt (contract I purchaser) for a special use to allow the establishment of a fast-food i� restaurant as the sole use on the first floor of the existing building and a variation from the off-street parking regulations of the Zoning Ordinance {( to permit construction of a second story addition with half of said floor used for dental offices and half used for business and professional offices f: other than for doctors or dentists with nine off-street parking spaces pro- vided to serve these uses and the proposed first floor fast-food use instead of the 17 parking spaces required to serve said uses or, to allow in the 11 alternative, a variation from the off-street parking regulations of the 1; Zoning Ordinance to permit construction of a second story addition to be i; used for business and. professional offices other than those for doctors or j dentists, with nine off-street parking spaces to serve this use and the pro- posed fast-food restaurant on the first floor, instead of the 13 off-street j, parking spaces required to serve said uses on the .property; all at 2901 Central Street, Evanston, Illinois, property located in a Bl Business District, said hearing having been conducted pursuant to notice and publication there- of in the manner prescribed by law; and it ' WHEREAS, the Zoning Board of Appeals has recommended that the ij application for said special use be granted; and WHEREAS, the Planning and Development Committee of the City Council at a public -meeting on April 18, 1983, based on analysis and review �I of the record of the Zoning Board of Appeals hearing, has recommended that the application for the variation be granted; and I WHEREAS, the City Council finds that: This property consists of a zoning lot with 50 feet of frontage on Central Street and a depth of 125 feet. It is improved with a one-story l n� I - a I� 43-0-83 4 building with a gross floor area of 3,063 square feet, which is used for business and professional offices and also contains a small storage shed • i located in the rear yard. This property is located in a B1 Business District which continues to the east, west and south. Across the alley to the north is an R1 Single- family Residence District. The applicant proposes two alternatives: 1. Install nine open improved off-street parking spaces in the rear yard; change use of the first floor from business and pro- fessional offices to a fast-food restaurant (a Japanese -style restau- rant); and construct a second floor addition of 3,063 square feet to.be used for business and professional offices other than for doctors or dentists; or 2. To use half of the proposed second floor addition for offices �i for doctors or dentists, and the other half for business and pro- fessional offices other than for doctors or dentists. fi jThe zoning analysis (identified as proposal 1) of the applicant's j proposal to change use of the first floor to a fast-food restaurant, construct a second floor addition to be used entirely for business and professional offices other than for doctors and dentists, and to install nine off-street • �, parking spaces, found: i� 1. A fast-food restaurant requires a special use before it may be established per Section 6-7-2-2(F) of the Zoning Ordinance. i 2. The proposed addition and use thereof together with a fast-food restaurant would require 13 off-street parking spaces per Sections 6-9-2-10(V) and (W) of the Zoning Ordinance, whereas nine off-street parking spaces are proposed. The zoning analysis (identified as proposal 2) of the proposal to change use of the first floor to a fast-food restaurant; construct the second floor addition, half of which would be used for doctors or dental offices and half of which would be used for offices other than doctors or dentists; and installation of nine off-street parking spaces, found 1. A fast-food restaurant requires a special use before it may be established per Section 6-7-2-2(F) of the Zoning Ordinance. 2. The proposed addition and uses thereof, together with the fast- food restaurant, would require 17 off-street parking spaces per Section 6-9-2-10(T), (V) and (W) of the Zoning Ordinance, whereas only nine open improved spaces are proposed. • If the proposal had been limited to the establishment of a fast- food restaurant on the first floor of the existing building, only six -2- 43-0-83 off-street parking spaces would have been required per Section 6-9-2-10(V) i of the Zoning Ordinance, and no variations would be required. Application of Variation Standards I; A. There is.a practical difficulty or a particular hardship in the way of carrying out the strict letter of the regulations in this case, namely: i (1) The property owner would be deprived of all reasonable use of the property if the existing building had to remain underutilized and the present tenants could not meet a growing demand for their services. I� (a) The applicants would suffer a particular hardship as distinguished from a mere inconvenience if the strict letter �i of the regulations were to be carried out, because the three tenants who started business on Central Street wish to remain and expand in the same neighborhood. To move would require reestablishing client and patron bases, not easy under normal circumstances and difficult in these troubled economic times. 1 (b) The proposed variations are not based exclusively on a I� desire to make more money out of the property, but are based on the tenants' wish to stay in their established neighborhood. i �? (c) The alleged hardship does not rest on the particular fi- nancial situation of the applicant, because it is instead I!• based on the tenants' wish to stay in their established neighbor- hood. . i (d) The hardship was not created by the present owner, but was created by the -original limitations of the site conditions. (2) The plight of the applicants is due to unique physical circum- stances which are not applicable generally to other property in the j same zoning classification, because the existing building is in- I i adaptable for use in conformance with the existing zoning require- ments, as patron parking in the strip commercial district on Central Street has always been provided for on the street while employee parking was provided behind the building. Providing patron parking I i behind the building would require changing the entire nature of the business district, a problem which exists elsewhere in Evanston. B. The pro.posed variations would be in harmony with the general purpose and intent of the Zoning Ordinance, and they: (1) Would not alter the essential character of the locality because the area would retain its present business district character, and, according to a memorandum from the Traffic Engineer to the Planning & Development Committee dated April 15, 1983, there appears to be adequate on -street parking to accommodate any increased demand which would occur as a result of the proposed project. (2) Would not be detrimental to the public welfare or injurious to or depreciate the value of other property or improvements in the • neighborhood in which it is located, because they would allow a I� quality restaurant and a dentist's office to remain in the neighbor- hood. (3) The proposed variations would not impair an adequate supply of light and air to the adjacent property, or substantially increase the -3- Q s 43-0-83 danger of fire or otherwise endanger the public safety, because only a two-story building is being proposed. C. The extent of the variation is limited to the minimum change necessary • lto alleviate the practical difficulty or particular hardship which affects the property because this is the.relief necessary for the proposal to comply with the Zoning Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the application of Daniel B. Eberhardt (contract purchaser) for a special use to allow establishment of a fast-food restaurant as the sole use on the first floor of the existing building -and a variation from the off-street parking regulations of the Zoning Ordinance to permit construction of a second story addition, with half of said floor used for dental offices and half for business and professional offices other than those for doctors or dentists with nine off-street parking spaces to serve these uses and the proposed fast-food restaurant on the first floor, both said applications pertaining to property located at • �I2901 Central Street, Evanston, Illinois, and legally described as: Ii The West 15 ft. of Lot 15, all of Lot 16 and the east 10 ft. of a Lot 17 in Westerlawn, a subdivision of Lots 9, 10, 11 and 12 in i' the County Clerk's Division of the SE fractional quarter of !� Section 33, Township 42 north, range 13, east of the third +. ! principal meridian, according to the plat thereof recorded December 17, 1915, in Book 140 of plats, page.37, as _Document 5772065, in Cook County, Illinois is granted subject to the conditions (1) that the construction and in- stallation of.off-street parking stalls be in substantial compliance to ZBA proposal No. 2; (2) that one of the nine off-street parking stalls be re- ! i !served for fast food pick-up; and that (3) the operation, use, and construction be in compliance with all other provisions of the Zoning Ordinance and other applicable laws. SECTION 2: The Director of Building and Zoning is hereby directed to issue such permit pursuant to the terms of this 1 ordinance. i f • SECTION 3: This ordinance shall be in full force and effect sj �! from and after its passage and approval in the manner it { -4- t • 43-0-83 provided by law. Introduced:. '.l Q 1983. Adopted: ��}'��(- 1983. Approve��U 1983. 11 ATTEST: f City Clerk Ap roved as to f rm. -orporation Counsel -5-