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HomeMy WebLinkAboutORDINANCES-1973-105-O-73• r� U • Introduced: 2-11-74 Adopted: 2-18-74 105-0-73 AN ORDINANCE An Ordinance Granting a Variation from the Use Provisions of the Zoning Ordinance to Permit the Retention of a Second Dwelling Unit Relating to 2226 Payne Street. WHEREAS, on November 20, 1973, the Zoning Board of Appeals conducted a public hearing upon the application of Anna E. Swanson for a variation from the use provisions of the Evanston Zoning Ordinance adopted November 211, 1960, as they applied to the property located at 2226 Payne Street, Evanston, Illinois, an R-1 single.family district, said public hearing having been con- ducted pursuant to notice and publication thereof as provided by law, and WHEREAS, the Zoning Board of Appeals has recommended that such relief be denied, and WHEREAS the City Council of the City of Evanston, has made the following findings of fact: a. Based on the evidence, the Council finds that the appli- cant has proved that there is a particular hardship in the way of carrying out the strict letter of the Zoning Ordinance in this case, namely: (1) The property owner has established that the property in question would be greatly reduced in value if permitted to be used only under the conditions allowed by the regulations of the zoning district. In support of such findings, the Council; further finds that the property owner has proved: (a) that the applicant would suffer a particular hardship as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out, because elimination of the second dwelling unit would require removal of the culinary facilities on the second floor, and the applicant would probably undertake alterations to open up the stairway to make it more of an integral part of the house; ►. . • 105-0-73 -2- (b) that the purpose of the variation is not based exclusively on a desire to make more money out of the property, but is also based on a desire, to retain its value as a two-family dwelling; (c) that the hardship does not rest solely on the particular personal financial situation of -the applicant, but is based on the practical inability to deconvert to a single family dwelling due to a conversion made by a previous owner. (d) that the alleged difficulty or hardship has not been created by any person presently having .an interest in the property because the present owner's predecessor in title installed the second dwelling unit. (2) On the basis of the testimony and application, the Council finds the plight of the owner is due to unique circumstances, which are not applicable • generally to other property in the same zoning classification. In support of such findings, the Council further finds that: (a) & (b) the subject property has been used as a two-family dwelling since about 1932, is well suited and designed for said purpose, and would require physical alterations to deconvert it to a single-family dwelling. b. On the basis of the testimony and the application, the Council finds that a variation to allow retention of two dwelling units would be in harmony with the general pur- pose and intent of the Zoning Ordinance, and: (1) would not alter the essential character of the locality because the property has been put to the existing use for about 42 years; (2) would not be detrimental to the public welfare or injurious to or depreciate the value of other prop- erty or improvements in the neighborhood in which the property is located because there are other two- family dwellings in the neighborhood, and the subject • property's physical appearance is similar to the rest of the neighborhood; and -- (3) would not impair an adequate supply of light and air to adjacent property or substantially increase the danger of fire or otherwise endanger the public safety. _ i. 105-0-73 -3- NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the application of Anna E. Swanson for a variation from the use provisions of the Evanston Zoning Ordinance adopted November 21, 1960, insofar as said pro- visions pertain to the property located at 2226 Payne Street and legally described as: Lots 10 and 11 in Block 2 in Commons and Best Addition to Evanston in the Southwest quarter of the Southwest quarter of Section 12, Township 41 North, Range 13 East of the Third Principal Meridian, is hereby granted so as to permit the retention of a second dwell- ing unit upon the aforesaid premises subject to compliance with all provisions of the Zoning Ordinance and other applicable laws. SECTION 2: The Director of Inspections and Permits is hereby ordered and directed to grant such permits as shall be required to effectuate provisions of this ordinance. SECTION 3: This ordinance shall be in full force and effect .from and after its passage and approval in the manner provided by law. Introduced FPbr„ v 17 Adopted February 18 1973 1974 Approved February 18 • Ist Edgar Vann -man. .Tr. Attest: Mayor /s/ Maurice F. Brown .� City Clerk Approved as to form: J.Q_J _Ta,.k M c;QL&Pi Corporation Counsel 1974