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HomeMy WebLinkAboutORDINANCES-1978-060-O-78I 60-0-78 AN ORDINANCE Granting A Special Use Permit To The McDonalds Corporation To Allow Construction Of A Drive -In Restaurant On The Premises Known As 1919-25 Dempster Street 5/29/78, 7/6/78 fl WHEREAS, the Zoning Board of Appeals conducted �I g pp public hearings on ii April 18, 1978, May 3, 1978, and May 16, 1978 to consider the application of fi the McDonalds Corporation for a special use permit to allow construction of a drive-in restaurant on property located on premises commonly known as 1919-25 Dempster Street, which hearings were conducted pursuant to notice and publica- tion thereof in the manner prescribed by law; and • WHEREAS, the Zoning Board of Appeals has found that the proposed use ,4 is so desired, located, and proposed to be operated that the public health, safety, and welfare will be protected with no appreciable injury caused to the value of other property in the neighborhood; and WHEREAS, the Zoning Board of Appeals has found that the proposed drive-in restaurant, if constructed in conformity with "landscape plan 2", ,I conforms with the applicable regulations in the district in which it is ! located; and :i I WHEREAS, the Zoning Board of Appeals has recommended the grant of the special use permit to the applicant; i • ;t NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ,i EUANSTON, COOK COUNTY, ILLIiVOIS: ,i ,I SECTION 1: That the application of the McDonalds Corporation for a i special use permit to construct a drive-in restaurant • is 0 !� 60-0-78 ('f f t i with a "drive -through" facility upon the premises commonly known as 1919-25 4 Dempster Street and legally described as: All that part of the North 275 feet of the South 308 feet of the South 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 13, Township 41 North, Range 13, East of the Third Principal Meridian, lying West of the West line of Dodge Avenue, and lying East of the Easterly right of way line of the Chicago and Northwestern Rail- way (except therefrom the East 150 feet of the South 135 feet thereof) in the City of Evanston, be and hereby is granted subject to the following conditions: (a) That it be constructed in substantial conformity with our Landscape Plan 2 as submitted to the Zoning Board of Appeals at the aforementioned hearings; (b) That the applicant shall take all necessary steps to prevent vehicles entering or leaving the facility's premises from stacking, double parking, or obstructing the public right of way (street, parkway, or sidewalk) including, but not limited to, the hiring of a security guard an off -duty policemen or reimbursing the City, for the costs of stationing a police officer at the premises to direct traffic. In the event traffic problems arise the applicant agrees to permit the installation of traffic signs and signals prohibiting left turns to vehicles en- tering or leaving the premises; (c) Within seventy-two (72) hours of receipt of notice of violation of the provisions of this ordinance applicant shall initiate whatever steps it deems effective to alleviate promptly any traffic problem and to that end applicant agrees to consult with the City's Traffic Engineer; and (d) That a covenant in recordable form be executed by the applicant subscribing to the afore- mentioned conditions. SECTION 2: The Director of Inspections and Permits is hereby di- rected to issue the special use permits required to implement the provisions of this Ordinance subject only to the conditions hereby imposed. -2- • 60-0-78 SECTION 3: This ordinance shall be in full force and effect from and after its passage and approval in the manner pro- vided by law. Introduced I Adopted. ATTEST: City Clerk Approved as to form: ;i i fi lip li �4 )i 1978 1978 Approved 1978 -May ati-dK Cvu�ts 1 ` -3- 0 'I - I �I ;I �i COVENANT i! ;I THE UNDERSIGNED, being all of the owners of a certain parcel of rreal estate located and commonly known as 1919-25 Dempster Street, Evanston, �I Illinois and legally described as: i All that part of the North 275 feet of the South 308 feet of the South 1/2 of the Southeast 1/4 �I of the Southwest 1/4 of Section 13, Township 41 North, Range 13, East of the Third Principal �i Meridian, lying West of the West line of Dodge Avenue, and lying East of the Easterly right of way line of the Chicago and Northwestern Rail- way (except therefrom the East 150 feet of the South 135 feet.thereof) in the City of Evanston, !i for and in consideration of the approval and passage by the City Council of !� the City of Evanston of Ordinance 60-0-78 granting a special use permit to the McDonalds Corporation to establish and construct a drive-in restaurant upon • i the premises herein described. The undersigned do hereby covenant and agree with the City of Evanston as follows: 1. That the proposed drive-in restaurant facility shall be con- structed in conformity with Landscape Plan 2 submitted as an exhibit to the Evanston Zoning Board of Appeals at the public hearings conducted upon the application of the McDonalds Corporation on April 18, 1978, May 3, 1978, and 'I i' May 16, 1978. '.1 2. That the undersigned shall take all necessary steps to prevent �Ivehicles entering or leaving the facility's premises from stacking, double parking, or obstructing the public -right of way (street, parkway, or sidewalk) including, but not limited to, the hiring of a security guard,an off -duty • `� policemen or reimbursing the City for the costs of stationing a police officer at the premises to direct traffic. In the event traffic problems arise the undersigned agrees to permit the installation of traffic signs and signals i prohibiting left turns to vehicles entering or leaving the premises. i i I i, I 71� I! i it 3. Within seventy-two (72) hours of receipt of notice of violation of the provisions of this ordinance the undersigned shall initiate whatever steps it deems effective to alleviate promptly any traffic problem and to I that end the undersigned agrees to consult with the City's Traffic Engineer. • The undersigned do further covenant and agree that this Covenant shall run with the land, it shall be binding upon its heirs, successors, and assigns unless otherwise released by the City Council of the City of.Evanston. EXECUTED THIS j Illinois. �y tl it ,I i� i ATTEST: Secretary I i ATTEST: City Clerk DAY OF , 1978 in Evanston, McDONALDS CORPORATION By CITY OF EVANSTON By Edward A. Martin, City Manager -2- • a Notary Public in and for the 1i County of State of Illinois, state that on the day 1 of 1978 and i personally known to me to be the President jj and Secretary of the McDonalds Corporation did execute this instrument as a I I i� free and voluntary corporation act on behalf of the McDonalds Corporation for �j the purposes therein set forth. -3- NOTARY PUBLIC