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HomeMy WebLinkAboutORDINANCES-1970-054-O-70• 367 54-0-70 AN ORDINANCE Granting the Appeal of Alan Freeman for a Variation from the Permitted Yard Obstruc- tion Provisions of the Evanston Zoning Ordinance, Adopted November 21, 1960. WHEREAS, the Zoning Board of Appeals held a public hearing on May 19, 1970 on the appeal of Alan Freeman for a variation from the permitted yard obstruction provisions of the Evanston zoning ordinance to permit the retention of a stairway in the required five foot side yard on the property commonly known as • 310 Barton Avenue, Evanston, Illinois, and located in an R3 Two - Family Residence District; and WHEREAS, the Zoning Board of Appeals has recommended denial of said appeal; and WHEREAS, the City Council has reviewed the evidence adduced at said hearing, and is of the opinion that said varia- tion should be granted; and WHEREAS, the City Council has determined that the granting of the variation will not alter the essential character of the neighborhood in which the property is located in that the use of the subject lot is consistent with the uses permitted in the area; and WHEREAS, there are practical difficulties and particular hardship justifying the variation in that the obstruction re- sulted from errors by the ornamental iron workers, mason • contractor and the carpenter contractor, and that the appellant relied upon a certification of use and occupancy and the cost of altering the stairway would be approximately $500.00; the stairs are open risers, four feet in height, which do not ob- struct ventialtion and lighting; and WHEREAS, the City Council has determined that the plight of the owner is due to the unique circumstance of reliance upon a certificate of use and occupancy and resulted from a construction error, the correction of which would cause an expenditure of approximately $500.00. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That a variation from the permitted • yard obstruction provisions of the Zoning Ordinance of the City of Evanston, adopted November 21, 1960, as far as said regulations pertain to the property at 310 Barton Avenue, Evanston, Illinois, and legally described as - That part of Lot 28 lying South of a line drawn from a point on the West line, which point is 78.06 feet North of the Southwest corner of said Lot 28, to a point on the East line, which point is 77.95 feet North of the Southeast corner of said Lot 28, in Whyte and Bell Construction Company's Resubdivision of the South 18 feet of Lot 1, Lots 2 to 31, inclusive, in Block 2; Lots 5 to 32, inclusive, in Block 3; Lots 1 to 12, inclusive, in Block 4; part of Lots 1 & 12 and all of Lots 2 to 11, inclusive, in Block 5; and Lot 3 in Block 6, all in Austin's Ridge Subdivision in South Evanston, in Section 30, Township 41 North, Range 14, East of the Third Principal Meridian, lying West of Ridge Road, in Cook County, Illinois, subject to and together with party wall rights, and an easement for ingress and egress over and across the West 5 feet of said Lot 28, 368 • is hereby granted to permit the retention of a stairway in the required five foot west side yard on the property. SECTION 2: This ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law, Introduced: July 20 1970 Adopted July 20 , 1970 Attest: /s/ Maurice F. Brown City Clerk Approved Julv 20 /s/ Peter D. Jans Acting Acting Mayor Approved as to form: /s/ Jack M. Siegel Corporation Counsel 0 -3- , 1970