HomeMy WebLinkAbout039-O-23 Granting a Special Use Permit to Allow for A Performance Entertainment Venue Pursuant to City Code 6-9-2-3 & Approving A Major Variation Pursuant to City Code 6-16-5, Table 16-E on the Property Located At 1243-45 Chicago Ave, in the B1 BDCertificate as Keeper of
Records. Files. and Seals.
STATE OF ILLINOIS)
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COUNTY OF COOK)
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KAPEH A. YARBROU6H
COOK COUNTY CLERK I OF 10
DATE: 06?20?2023 12:02 PC? PG:
1, Stephanie Mendoza, City Clerk of the City of Evanston in the County of Cook and
State aforesaid, the United States of America and Keeper of the Records, Files, and
Seal of said City, do hereby certify that attached hereto is a true and correct copy of
1139-0-23 AN ORDINANCE Granting a Special Use Permit to Allow for A
Performance Entertainment Venue Pursuant to City Code 6-9-2-3 and Approving A
Major Variation Pursuant to City Code 6-16-5, Table 16-E on the Property Located
At 1243-45 Chicago Avenue, in the 131 Business District" certified June 1, 2023.
All of which appear from the records and files presented in my office
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the corporate seal of the City of Evanston this
1 st day of June 2023
-
Stepha ie Mend za, y Clerk
03/27/2023
39-0-23
AN ORDINANCE
Granting a Special Use Permit to Allow for A Performance
Entertainment Venue Pursuant to City Code 6-9-2-3 and Approving A
Major Variation Pursuant to City Code 6-16-5, Table 16-E on the
Property Located At 1243-45 Chicago Avenue, in the B1 Business
District
WHEREAS, the City of Evanston is a home -rule municipality pursuant to
Article VII of the Illinois Constitution of 1970; and
WHEREAS, as a home rule unit of government, the City has the authority
to adopt legislation and to promulgate rules and regulations that protect the public
health, safety, and welfare of its residents; and
WHEREAS, Article VII, Section 6(a) of the Illinois Constitution of 1970,
states that the "powers and functions of home rule units shall be construed liberally,"
was written "with the intention that home rule unit be given the broadest powers
possible" (Scadron v. City of Des Plaines, 153 111.2d 164, 174-75 (1992)); and
WHEREAS, it is a well -established proposition under all applicable case
law that the power to regulate land use through zoning regulations is a legitimate means
of promoting the public health, safety, and welfare; and,
WHEREAS, Division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1,
et seq.) grants each municipality the power to establish zoning regulations; and,
WHEREAS, pursuant to its home rule authority and the Illinois Municipal
Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the
Evanston City Code of 2012, as amended ("the Zoning Ordinance"); and
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WHEREAS, Hana Samuels of Blue Star Properties, is the owner
representative ("Applicant") on behalf of the property located at 1243-45 Chicago
Avenue, legally described herein ("Subject Property"), attached hereto and incorporated
by reference as Exhibit "A"; and
WHEREAS, Hana Samuels has petitioned the City Council of the City of
Evanston, for approval of a Special Use Permit for a performance entertainment venue
on the Subject Property ("Special Use") and for approval of a Major Variation to not
provide one (1) loading stall where one (1) is required by City Code Section 6-16-5,
Table 16-E for both the performance entertainment venue and an addition to an existing
Type 1 Restaurant (Union Pizzeria) located on the Subject Property in the B1 Business
District; and
WHEREAS, following due and proper publication in the Evanston Review
not less than fifteen (15) nor more than thirty (30) days prior thereto, and following
written notices to all properties owners within 500 feet of the Subject Property, and
following the placement of signs on the Subject Property not less than ten (10) days
prior thereto, the Evanston Land Use Commission ("LUC") conducted a public hearing
on February 22, 2023 regarding case no. 23ZMJV-0008 to consider the requested
Special Use and Major Variation, at which the Applicant presented evidence, testimony,
and exhibits in support of the Special Use and Major Variation, and at which interested
parties were provided the opportunity to provide public comment,; and
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WHEREAS, after having considered the evidence presented, including
the exhibits and materials submitted, and public testimony provided, the LUC found that
the Special Use::
1. Is one of the listed special uses for the zoning district in which the property lies:
The requested performance entertainment venue will be listed under Section 6-9-
2-3 upon the approval of Ordinance 38-0-23, amending the list of special uses in
the 131 Business District.
2. Complies with the purposes and the policies of the Comprehensive General Plan
and the Zoning ordinance: The requested performance entertainment venue will
be listed under Section 6-9-2-3 upon the approval of Ordinance 38-0-23,
amending the list of special uses in the B1 Business District assuming approval
of the Item B text amendment.
3. Does not cause a negative cumulative effect in combination with existing special
uses or as a category of land use: No finding of a cumulative effect was
concluded.
4. Does not interfere with or diminish the value of property in the neighborhood:
The proposed project is an expansion of a valuable community resource.
5. Is adequately served by public facilities and services: Met by public
transportation on Chicago Avenue.
6. Does not cause undue traffic congestion: Only the accessory use is proposed to
be expanded which does not cause undue traffic congestion.
7. Preserves significant historical and architectural resources: There are none
associated with the project.
8. Preserves significant natural and environmental resources: There are none
associated with the project.
9. Complies with all other applicable regulations: All have been or will be complied
with.
WHEREAS, after having considered the evidence presented, including the
exhibits and materials submitted, and public testimony provided, the LUC found that the
Major Variation:
1. The requested variation will not have a substantial adverse impact on the use,
enjoyment or property values of adjoining properties: The loading dock will not
have a substantial adverse impact.
2. The requested variation is in keeping with the intent of the zoning ordinance: The
variation request is modest and keeps the intent of the zoning ordinance.
3. The alleged hardship or practical difficulty is peculiar to the property: The
standard has been met because there are means by which it has been operating
in the alley.
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4. The property owner would suffer a particular hardship or practical difficulty as
distinguished from a mere inconvenience if the strict letter of the regulations were
to be carried out: Construction of a loading dock turning radius is not possible, so
the standard is met.
5. a. The purpose of the variation is not based exclusively upon a desire to extract
additional income from the property, or
b. While the granting of a variation will result in additional income to the applicant
and while the applicant for the variation may not have demonstrated that the
application is not based exclusively upon a desire to extract additional income
from the property, the Land Use Commission or the City Council, depending on
final jurisdiction under Section 6-3-8-2, has found that public benefits to the
surrounding neighborhood and the City as a whole will be derived from approval
of the variation, that include, but are not limited to, any of the standards of
Section 6-3-6-3 - Public Benefits: The applicant has demonstrated that the
variation is not for additional income, but a practical request.
0. The alleged difficulty or hardship has not been created by any person having an
interest in the property: The property owner did not create the difficulty.
0. The requested variation requires the least deviation from the applicable
regulation among the feasible options identified before the Land Use
Commission issues its decision or recommendation to the City Council regarding
said variation: It being a single variation, and a modest one, it is believed to be
the least deviation.
WHEREAS, after making its findings as set forth herein, the LUC
recommended approval of the Special Use and Major Variation as requested under
case no. 23ZMJV-0008, pursuant to Sections 6-3-4-8, 6-3-5-10, and 6-3-8-12 of the
Zoning Ordinance by a vote of eight (8) "yes" votes and zero (0) "no" votes with one (1)
absent to the Planning and Development Committee ("P&D Committee") of the City
Council; and
WHEREAS, on March 27, 2023, P&D Committee of the City Council held
a meeting, in compliance with the provision of the Open Meetings Act, received input
from the public, carefully considered the findings and recommendation for approval with
conditions of the LUC and recommended approval of the requested Special Use and
Major Variation to the City Council; and
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WHEREAS, at its meetings on March 27, 2023 and April 10, 2023, held in
compliance with the Open Meetings Act, the City Council considered the
aforementioned findings of fact, as amended and outlined herein, and finds it
appropriate to grant the Special Use and Major Variation as recommended by the LUC
and the P&D Committee; and
WHEREAS, it is well -settled law that the legislative judgment of the City
Council must be considered presumptively valid (see Glenview State Bank v. Village of
Deerfield, 213 III. App.3d 747) and is not subject to courtroom fact-finding (see National
Paint & Coating Assn v. City of Chicago, 45 F.3d 1124).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The foregoing recitals are found as fact and incorporated
herein by reference.
SECTION 2: Pursuant to the terms and conditions of this ordinance, the
City Council hereby grants the Special Use Permit, as applied for in zoning case no.
23ZMJV-0008, for a performance entertainment venue.
SECTION 3: Pursuant to the terms and conditions of this ordinance, the
City Council hereby approves the Major Variation, as applied for in zoning case no.
23ZMJV-0008 as follows:
1. To not provide one (1) loading stall where one (1) is required.
SECTION 4: Pursuant to Subsection 6-3-5-12 and 6-3-8-14 of the Zoning
Ordinance, the City Council imposes the following conditions on the aforementioned
zoning relief granted hereby, being a Special Use Permit for a performance
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entertainment venue and Major Variation to not provide one (1) loading stall as
requested under zoning case no. 23ZMJV-0008, which may be amended by future
ordinance(s), and violation of any of which shall constitute grounds for penalties or
revocation of said Special Use Permit and Major Variation pursuant to Subsections 6-3-
10-5 and 6-3-10-6 of the Zoning Ordinance:
1. The hours of operation for both the Type 1 restaurant, Union Pizzeria, and
performance entertainment venue, SPACE, shall be 11:00 a.m. to 11:00 p.m.
Sunday through Thursday and 11:00 a.m. to midnight (12:00 a.m.) Friday and
Saturday plus New Year's Eve;
2. The facility will operate within the requirements of Evanston's Noise Zoning
Ordinance;
3. No performance occurring inside the building will be allowed to occur in the
outdoor space. There will be no live performances outdoors where the
primary purpose of the event is to listen to music. Any outdoor performances
shall be accessory in nature and will be held on an infrequent basis, such as
when string music or a jazz combo may be proposed for a wedding;
4. Any speakers installed to project sound outside of the building shall be used
only for ambient background music during the approved hours of operation;
5. Parking fees shall be paid as required for use of the on -street parking stalls
for the purposes of loading and delivery;
6. Any change in ownership of the property located at 1307 Chicago Avenue,
where the off-street parking is provided for the performance entertainment
venue, shall require an amendment to this Special Use;
7. Composting of any food waste or other compostable materials shall be added
to the waste management plans of the property; and
8. Two of the three on -site parking spaces will be made available for performers
and their equipment
9. The Applicant shall construct the associated improvements to the Subject
Property as described herein, as authorized by the terms of this ordinance in
substantial compliance with all applicable City Code requirements and the
Applicant's testimony and representations to the City staff attending Design
and Project Review, the Land Use Commission, the P&D Committee, and the
City Council.
10. The Applicant shall, at their cost, record a certified copy of this ordinance,
including all Exhibits attached hereto, with the Cook County Clerk, and
provide proof of such recordation to the City prior to issuance of a final
Certificate of Occupancy.
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SECTION 5: When necessary to effectuate the terms, conditions, and
purposes of this ordinance, "Applicant" shall be read as "Applicant's tenants, agents,
assignees, and successors in interest."
SECTION 6: The City Council may, for good cause shown, waive or
modify any conditions set forth in this Ordinance without requiring that the matter return
for public hearing.
SECTION 7: The Building Official is hereby authorized and directed to
issue building permits for the subject property, consistent with the approvals granted
herein, provided that all conditions set forth hereinabove have been met and that the
proposed construction is in compliance with all other applicable laws and ordinances.
This grant of the approvals shall expire and become null and void twenty-four (24)
months from the date of passage of this Ordinance unless a building permit to begin
construction in accordance with this Ordinance is applied for within said twenty-four
(24)-month time period and construction is continuously and vigorously pursued
provided, however, the City Council, by motion, may extend the period during which
permit application, construction, and completion shall take place.
SECTION 8: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
SECTION 9: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 10: If any provision of this ordinance or application thereof to
any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
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without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 11: The findings and recitals contained herein are declared to
be prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
Introduced: March 27 12023 Approved:
Adopted: April 10 12023 April 11 , 2023
Daniel Biss, Mayor
Attest:
Stephanie M ndoza, ity C erk
v
Approveiasoto formsto%m:
6r
Nk*das E. Cu t
Nicholast"Itu"mmings, Corporation Counsel
Ic
39-0-23
EXHIBIT A
LEGAL DESCRIPTION
LOT 23 OF BLOCK 76 IN THE NORTH HALF OF SECTION 19, TOWNSHIP 41
NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK
COUNTY, ILLINOIS.
COMMONLY KNOWN AS 1243 Chicago Avenue, EVANSTON, ILLINOIS.
PIN: 11-19-200-003-0000
LOT 24 IN BLOCK 76 IN THE NORTHWESTERN UNIVERSITY SUBDIVISION OF
THE NORTHEAST HALF OF THE NORTH HALF, EAST OF CHICAGO AVENUE, OF
SECTION 19, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL
MERIDIAN, EXCEPT THE 15 '/ ACRES IN THE NORTHEAST CORNER OF SAID
TRACT, IN COOK COUNTY, ILLINOIS.
COMMONLY KNOWN AS 1245 Chicago Avenue, EVANSTON, ILLINOIS.
PIN: 11-19-200-002-0000