HomeMy WebLinkAboutORDINANCES-1970-055-O-7055-0-70
AN ORDINANCE
Granting the Appeal of Herbert Wasserman
• for a Variation from the Permitted Yard
Obstruction 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 Herbert Wasserman 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
312 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
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contractor and the carpenter contractor; 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 ventilation 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 occupandy 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
• 312 Barton Avenue, Evanston, Illinois, and legally described as -
That part of Lot 28 lying North 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 8 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,
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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
Adopted Julv 27
Attest:
/G/ Maurice F. Brown
City Clerk
1970
1970 Approved
July 27 , 1970
/s/ Peter D. Jans
Acting Mayor
Approved as to form: /s/ Jack M. Siegel
Corporation Counsel
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