Loading...
HomeMy WebLinkAboutORDINANCES-1970-026-O-70Amended 4-20-70 26- 0- 70 AN ORDINANCE Granting the Appeal of Harris Trust and Savings Bank as Trustee under Trust No. 16475, Mrs. Prost Heller and Jack H. Prost, Beneficiaries, for a Variation from Off - Street Parking Regulations of the Evanston Zoning Ordinance, Adopted November 21, 1960. WHEREAS, the Zoning Board of Appeals held a public hearing on December 16, 1969 on the appeal of Harris Trust and Savings Bank as Trustee under Trust No. 16475, Mrs. Prost Heller and Jack H. Prost, Beneficiaries, for a variation from the parking regulations of the Zoning Ordinance of the City of Evanston to permit the construction of a 6-story office building with 31 off-street parking places in lieu of the 63 spaces as required for property located in a B3 Business District, wherein this property is located; and WHEREAS, the Zoning Board of Appeals was unable to make • a recommendation because there were not four members in con- currence; and WHEREAS, the City Council has reviewed the evidence adduced at said hearing and has reviewed evidence presented to its Com- mittee, and is of the opinion that said variation should be granted on certain conditions; 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 since the proposed use will be in an area already having office space and other public meeting structures; and 4) 1 1) .s - 2- WHEREAS, the proposed variation will not impair an ade- quate supply of light and air to the adjacent properties and will not depreciate the other properties in the neighborhood; and WHEREAS, the City Council has determined that the plight of the owner is due to the unique circumstances relating to the difficulties of acquiring sufficient adjoining land to allow practicable compliance with the parking requirements of the Zoning Ordinance; and WHEREAS, there are practical difficulties and particular hardship justifying the variation by reason of the fact that architectural, and utilization factors make it infeasible to construct the 3 levels of underground parking that would be needed to satisfy the parking requirements of the Zoning Ordi- nance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF • THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That a variation from the off-street parking regulations of the Zoning Ordinance of the City of Evanston, adopted November 21, 1960, so far as said regulations pertain to the property at 522 Church Street in the City of Evanston, Illinois, and legally described as - All of Lot 2 and the North 11 feet of Lot 3 in Block 20 in Village of Evanston Subdivision in the Southeast fractional quarter, Section 18, Township 41 North, Range 14, East of the Third Principal Meridian, Cook County, Illinois, 4 1_ -3- is hereby granted to permit construction of a 6-story office building on the property, subject to the following conditions: • (1) That the legal title holder, for itself, its successors, assigns, and beneficiaries, shall agree to execute a lease with the City of Evanston providing for the renting of 32 parking spaces from the City of Evanston in any of the municipally owned or operated parking facilities within a distance of 1750 feet from the proposed building, subject to the condition that the distance limitation may be increased by the City of Evanston if it is unable to pro- vide the required leased spaces, within the distance specified, in facilities available for all -day and long-term parking. (2) That the covenants of agreement contained in the said lease shall be in a recordable form, and shall be covenants running with the land. (3) That the parking rates payable at any time during the lease period shall be the rate or rates then being charged by the City of Evanston to other parkers using the same parking facilities, and receiving the same parking privileges. (4) That the City of Evanston shall at all times during the lease period have the right to deter- mine whether it is able to make available the 32 spaces or any part thereof; further, that the City of Evanston shall have the right to cancel the lease for any or all of the leased spaces at any time or to require that any or all of the leased spaces shall be provided in other city parking facilities, provided that the lease for parking spaces shall not be cancelled without 60 days prior notice in writing, and, further, that the location of any parking space shall not be changed more than once in any calendar year. (5) That the aforesaid lease with the City of Evanston shall contain the aforesaid conditions in such form as shall be acceptable to the Corporation Counsel of the City of Evanston, and said lease shall be for a period of 30 years, and the City of Evanston shall have the option to extend said lease for an additional 20 years. • C7 ME (6) That the legal title holder shall provide an appropriate form of security to guarantee and commit itself and any future legal beneficial owner, of the subject property to make such payments for the leased parking as are required by the City Manager with the aforesaid lease. (7) That the lease required herein shall contain a provision, whereby the covenants and agreements of said lease shall be terminated and the lessee's obligation thereunder shall be terminated if the lessee shall at any time permanently provide all the required parking spaces in accordance with the Zoning Ordinance. SECTION 2: The Director of Inspections and Permits is hereby ordered and directed to grant such permits as shall be required to effec- tuate the recommendations of the City Council of the City of Evanston. 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 April 6 , 1970 Adopted April 20 , 1970 Attest: /s/ Maurice F. Brown City Clerk Approved April 20 , 1970 /s/ John D. Emery Mayor Approved as to form: ,� -4 hack M Q4 z Corporatio;Munsel