HomeMy WebLinkAbout12.01.14 Packet
SPECIAL CITY COUNCIL MEETING
Monday, December 1, 2014
6:30 p.m.
CITY OF EVANSTON, ILLINOIS
Council Chambers
Lorraine H. Morton Civic Center
2100 Ridge Avenue, Evanston, IL
ORDER OF BUSINESS
I. Roll Call- Begin with Alderman Wilson
II. Public Comment
III. Items for Consideration
(SP1) Ordinance 135-O-14: Evanston Public Library 2014 Tax Levy
Staff and the Library Board request City Council adoption of Tax Levy Ordinance
135-O-14 which levies the annual property tax for the Evanston Public Library.
This ordinance was introduced at the October 25, 2014 City Council meeting,
and held on November 24, 2014 by City Council for further consideration.
For Action
(SP2) Ordinance 147-O-14, Granting a Special Use for a Type 2 Restaurant,
Domino’s Pizza, at 911 Foster Street
The Zoning Board of Appeals and City staff recommend City Council adoption of
Ordinance 147-O-14 granting a special use permit for a Type 2 Restaurant,
Domino’s Pizza, in the B1 Business District. The applicant has complied with all
zoning requirements, and meets all of the standards for a special use for this
district. This ordinance was introduced at the November 24, 2014 City Council
meeting.
For Action
IV. Adjournment
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MEETINGS SCHEDULED THROUGH DECEMBER 2014
Upcoming Aldermanic Committee Meetings
Mon, Dec 8 6 pm A&PW, P&D, City Council meetings
Wed, Dec 10 7 pm Northwestern University/City Committee
Tues, Dec 16 7:30 pm Housing & Community Dev Act Ctte
Wed, Dec 17 6 pm Transportation/Parking Committee
Wed, Dec 17 6:30 pm M/W/EBE Advisory Committee
Wed, Dec 17 7:30 pm Economic Development Committee
Fri, Dec 19 7 am Housing & Homelessness Commission
Information is available about Evanston City Council meetings at: www.cityofevanston.org/citycouncil.
Questions can be directed to the City Manager’s Office at 847-866-2936. The City is committed to
ensuring accessibility for all citizens. If an accommodation is needed to participate in this meeting, please
contact the City Manager ’s Office 48 hours in advance so that arrangements can be made for the
accommodation if possible.
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For City Council meeting of December 1, 2014 Item SP1
Ordinance 135-O-14: Evanston Public Library Tax Levy
For Action
To: Honorable Mayor and Members of the City Council
From: Martin Lyons, Assistant City Manager/Chief Financial Officer
Karen Danczak Lyons, Library Director
Subject: Ordinance 135-O-14: Evanston Library Fund 2014 Tax Levy
Date: Octoberber 22, 2014
Recommended Action:
The Evanston Public Library Board requests City Council adoption of Tax Levy
Ordinance 135-O-14 which levies the annual property tax for the Evanston Public
Library in the amount of $5,932,148. This ordinance was introduced at the October 25,
2014 City Council meeting, and held on November 24, 2014 by City Council for further
consideration.
Summary:
The Library Fund Levy is proposed at $5,932,148. This request represents a 15.53
percent increase over the 2013 Levy of $5,134,793.
Questions regarding the Proposed Library Tax Levy may be directed to the City
Treasurer or Library Director:
Martin Lyons
Treasurer
847.448.8082
mlyons@cityofevanston.org
Karen Danczak Lyons
Library Director
847.448.8655
kdanczaklyons@cityofevanston.org
------------------------------------------------------------------------------------
Attachment:
Ordinance 135-O-14
Library Fund Exhibit
Memorandum
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10/20/2014
135-O-14
AN ORDINANCE
Levying Taxes for the Library Fund
in the City of Evanston, County of Cook,
and State of Illinois, for the Fiscal Year Beginning
January 1, 2015 and Ending December 31, 2015
WHEREAS, the City of Evanston, Illinois, has heretofore adopted an annual
budget for the fiscal year beginning January 1, 2015, and ending December 31, 2015,
which said Budget document was reviewed at a public hearing and copies of which said
Budget document have been continuously available for public inspection at the office of
the City Clerk of the City of Evanston at the Civic Center, 2100 Ridge Avenue, Evanston,
Illinois, between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday, except
holidays; and
WHEREAS, said Budget document contains the expenditures to be made
with the monies collected through taxation and other sources during said fiscal year; and
WHEREAS, the City of Evanston, Illinois, is a Home Rule unit of local
government pursuant to the terms and provisions of Article VII of the 1970 Constitution
of the State of Illinois, which said Constitution, in Section 6(a) thereof, grants unto the
City of Evanston as a Home Rule unit of local government the power to tax;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That, in order to meet expenses and liabilities for the Library
Fund of the City of Evanston, Illinois, for the current fiscal year beginning January 1,
2015, there is hereby levied on all real property subject to taxation within the corporate
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135-O-14
limits of said City of Evanston as assessed and equalized for the year 2014 the sum of
Five Million, Nine Hundred Thirty-Two Thousand, One Hundred Forty Eight Dollars
($5,932,148), being the total of the appropriation legally made plus allowances for
collection losses, which are to be collected from the tax levy of the City of Evanston for
the year 2014 for Library Fund Purposes appropriated and specifically referred to in the
annual Budget passed by the City Council of the City of Evanston at a regular Council
meeting held November 24, 2014.
The specific amounts hereby levied for the Library Fund purposes is designated by
being placed in separate column under the heading “To Be Raised By Taxation,” and is
identified in that manner on the following pages of this Ordinance.
SECTION 2: That there be appropriated for the City of Evanston: The
sum of Five Million, Nine Hundred Thirty-Two Thousand, One Hundred Forty Eight
Dollars ($5,932,148), for the Library Fund Purposes, as outlined in the City of Evanston
Tax Levy Filing with Cook County FY15 Budget – Tax Levy Year 2014 to be Received
in FY15, attached hereto as “Exhibit A” and incorporated herein by reference.
SECTION 3: That the foregoing recitals are found as fact and made
a part hereof.
SECTION 4: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 5: That this Ordinance 135-O-14 shall be in full force and effect
from and after its passage, approval, and publication in the manner provided by law.
~2~
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135-O-14
Introduced:_________________, 2014
Adopted:___________________, 2014
Approved:
__________________________, 2014
_______________________________
Elizabeth B. Tisdahl, Mayor
Attest:
_____________________________
Rodney Greene, City Clerk
Approved as to form:
_______________________________
W. Grant Farrar, Corporation Counsel
~3~
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135-O-14
Exhibit A
City of Evanston Tax Levy filing with Cook County FY15 Budget
- Tax Levy Year 2014 to be received in FY2015
~4~
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Account Number Description 2015 Proposed
Budget
Sources
Outside Tax
Levy
To be Raised by
Taxation 2014
Levy
Fund: 185 ‐ LIBRARY FUND
Expenditures
Salary & Benefit ‐ Salary and Benefits
61010 REGULAR PAY 2,286,742$ 2,286,742$
61012 LIBRARY SUBSTITUES 15,733$ 15,733$
61025 RECREATION PROGRAM PAY
61050 PERMANENT PART‐TIME 1,207,631$ 1,207,631$
61055 TEMPORARY EMPLOYEES ‐$ ‐$
61110 OVERTIME PAY 9,300$ 9,300$
61210 LONGEVITY 28,873$ 28,873$
61410 AFSCME SHIFT DIFFERENTIAL ‐$ ‐$
61415 TERMINATION PAYOUTS 69,250$ 69,250$
61420 ANNUAL SICK LEAVE PAYOUT ‐$ ‐$
61430 VACATION PAYOUTS (PREVIOUSLY OTHER ‐$ ‐$
61510 HEALTH INSURANCE 448,593$ 448,593$
61615 LIFE INSURANCE 653$ 653$
61625 AUTO ALLOWANCE 7,200$ 7,200$
61626 CELL PHONE ALLOWANCE 2,400$ 2,400$
61630 SHOE ALLOWANCE 495$ 495$
61710 IMRF 377,945$ 377,945$
61725 SOCIAL SECURITY 210,258$ 210,258$
61730 MEDICARE 45,846$ 45,846$
Account Classification Total: Salary and Benefits 4,710,919$ -$ 4,710,919$
Serv & Supplies ‐ Services and Supplies
64015 NATURAL GAS 33,000$ 33,000$
61060 SEASONAL EMPLOYEES ‐$ ‐$
62185 CONSULTING SERVICES 45,000$ 45,000$
62210 PRINTING 1,800$ 1,800$
62225 BLDG MAINTENANCE SERVICES 225,007$ 225,007$
62235 OFFICE EQUIPMENT MAINT 12,000$ 12,000$
62245 OTHER EQMT MAINTENANCE 1,000$ 1,000$
62272 OTHER PROFESSIONAL SERVICES ‐$ ‐$
62275 POSTAGE CHARGEBACKS 1,600$ 1,600$
62290 TUITION 15,000$ 15,000$
62295 TRAINING & TRAVEL 22,500$ 22,500$
62315 POSTAGE 5,000$ 5,000$
62340 COMPTER LICENSE & SUPP 31,070$ 31,070$
62341 INTERNET SOLUTION PROVIDERS 244,034$ 244,034$
62360 MEMBERSHIP DUES 2,005$ 2,005$
62375 RENTALS 42,750$ 42,750$
62380 COPY MACHINE CHARGES 12,268$ 12,268$
62431 ARMORED CAR SERVICES 500$ 500$
62506 WORK‐ STUDY 8,200$ 8,200$
62705 BANK SERVICE CHARGES 4,000$ 4,000$
64540 TELECOMMUNICATIONS ‐ WIRELESS 2,200$ 2,200$
65020 CLOTHING ‐$ ‐$ ‐$
65040 JANITORIAL SUPPLIES 10,000$ 10,000$
65050 BLDG MAINTENANCE MATERIAL 21,200$ 21,200$
65060 MATER. TO MAINT. AUTOS ‐$ ‐$ ‐$
65085 MINOR EQUIPMENT & TOOLS ‐$ ‐$ ‐$
65095 OFFICE SUPPLIES 69,200$ 69,200$
65100 LIBRARY SUPPLIES 53,120$ 53,120$
65125 OTHER COMMODITIES 1,700$ 1,700$
65555 PERSONAL COMPUTER EQUIPMENT 30,500$ 30,500$
65630 LIBRARY BOOKS 507,800$ 299,868$ 207,932$
65635 PERIODICALS 18,140$ 18,140$
65640 AUDIO RECORDINGS ‐$ ‐$ ‐$
65641 AUDIO VISUAL COLLECTIONS 122,400$ 122,400$
65650 VISUAL MEDIA COLLECTION ‐$ ‐$ ‐$
Account Classification Total: Services and Supplies 1,542,994$ 440,408$ 1,102,586$
Capital Outlay ‐ Capital Outlay
Exhibit A
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Account Number Description 2015 Proposed
Budget
Sources
Outside Tax
Levy
To be Raised by
Taxation 2014
Levy
65503 FURNITURE / FIXTURES / EQUIPMENT 46,430$ 46,430$
Account Classification Total: Capital Outlay 46,430$ 46,430$ -$
Ins & Chg Backs ‐ Insurance and Other Chargebacks
66025 TRANSFER TO DEBT SERVICE ‐ ERI 77,268$ 77,268$
66030 MEDICAL INSURANCE ‐$ ‐$ ‐$
66059 HEALTH INSURANCE OPT OUT EXPENSE ‐$ ‐$ ‐$
Account Classification Total: Insurance and Other Chargebacks 77,268$ 77,268$ -$
Contingencies ‐ Contingencies
68205 CONTINGENCIES ‐$ ‐$ ‐$
Account Classification Total: Contingencies -$ -$ -$
Miscellaneous ‐ Miscellaneous
66148 TRSF OUT TO GEN FUND FROM LIBR 250,000$ 250,000$
Account Classification Total: Miscellaneous 250,000$ 250,000$ -$
Transfer ‐ Interfund Transfers
62305 RENTAL OF AUTO‐FLEET MAINTENANCE 2,381$ 2,381$
62309 RENTAL OF AUTO REPLACEMENT 1,700$ 1,700$
Account Classification Total: Interfund Transfers 4,081$ 4,081$ -$
Expenditures Total 6,631,692$ 818,187$ 5,813,505$
Collection Losses 118,643$
5,932,148$
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For City Council meeting of December 1, 2014 Item SP2
Ordinance 147-O-14: Type 2 Restaurant, Domino’s Pizza, at 911 Foster Street
For Action
To: Honorable Mayor and Members of the City Council
From: Mark Muenzer, Director of Community Development
Lorrie Pearson, Planning and Zoning Administrator
Melissa Klotz, Zoning Planner
Ellen Cholewa, Community Development Intern
Subject: Ordinance 147-O-14, Granting a Special Use for a Type 2 Restaurant,
Domino’s Pizza, at 911 Foster Street
Date: November 13, 2014
Recommended Action
The Zoning Board of Appeals and City staff recommend adoption of Ordinance 147-O-14
granting a special use permit for a Type 2 Restaurant, Domino’s Pizza, in the B1
Business District. The applicant has complied with all zoning requirements, and meets all
of the standards for a special use for this district. This ordinance was introduced at the
November 24, 2014 City Council meeting.
Summary
911 Foster Street is located on the north side of Foster Street, between Maple and
Sherman Avenues in a B1 Business District, and is surrounded by similar commercial
uses as well as a myriad of residential and university uses. The applicant proposes to
operate Domino’s Pizza, a Type 2 Restaurant, featuring a new restaurant model known
as a “pizza theater” that displays all food prep so that customers are able to watch their
order as it is created. The restaurant will feature seating for 17 patrons and a party room
for occasional use, but anticipates the majority of orders will be carry-out or delivery.
Domino’s Pizza intends to use bicycles as one way of delivering pizzas to lessen the
impact on the neighboring residential area and promote sustainable green practices.
The rear parking lot, which is accessible via the alley, has four parking spaces
dedicated for Domino’s use. The applicant anticipates utilizing a maximum of four
delivery vehicles and three bicycles during peak hours. The applicant is working with
Northwestern University to use the university parking lot on the south side of Foster
Street for delivery drivers after 4 p.m. when the lot is otherwise underutilized. Pizza
delivery vehicles and employee vehicles will not park on Foster Street. Commissary
deliveries to the restaurant will only occur between 4am – 6am, and will occur via Foster
Memorandum
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Street rather than the alley to lessen any impact on the adjacent residential area.
Commissary deliveries will turn off truck engines and compressor units to further lessen
any impact due to noise during deliveries.
Domino’s Pizza intends to operate from 10 a.m. to 12 a.m., Sunday-Thursday, and 10
a.m. to 1 a.m., Friday-Saturday with deliveries allowed until 2 a.m. on Fridays and
Saturdays. Alcohol will not be served on the premises. Minor façade improvements are
proposed, including window trim and signage. The applicant has agreed to follow the
Litter Collection and Garbage Pickup Plans.
Neighborhood Benefit
The neighborhood will benefit from having a well-established, global business that will
enhance the business district by occupying a currently underutilized commercial space,
and help revitalize an area in need of development.
Comprehensive Plan
The Evanston Comprehensive General Plan encourages the use of existing spaces
along existing commercial corridors that can add sales tax revenue and encourage
vibrant business districts. The Comprehensive Plan specifically includes:
Objective: Promote the growth and redevelopment of business,
commercial, and industrial areas.
Objective: Retain and attract businesses in order to strengthen
Evanston’s economic base.
Domino’s Pizza will further revitalize this area by bringing foot traffic to the area, which
will in turn encourage more businesses to move to this area.
Legislative History
November 4, 2014: The ZBA recommended unanimous approval of the special use
permit for a Type 2 Restaurant with the following conditions:
1. Must comply with Litter Collection and Garbage Pick-Up Plans
2. Hours of Operation between 10 a.m. and midnight, Sunday-Thursday and
10 a.m. to 1 a.m., Friday-Saturday. Deliveries can occur up to 2 a.m.
Friday-Saturday.
3. Commissary deliveries to the restaurant shall occur from 4 a.m. to 6 a.m.
on Foster Street and compressor and engine must be turned off.
4. Employees may not park on the street.
5. Applicant should coordinate with Northwestern University to use parking
lot across the street after 4 p.m. if possible.
6. The project must be in substantial compliance of the documents and
testimony on record.
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Attachments
Proposed Ordinance 147-O-14
November 4, 2014 ZBA Draft Meeting Minutes
ZBA Findings
Updated Application
Letter of Opposition
November 4, 2014 ZBA Packet -
http://www.cityofevanston.org/assets/ZBA%20Packet%2011.04.14.pdf
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11/7/2014
147-O-14
AN ORDINANCE
Granting a Special Use Permit for a Type 2 Restaurant Located at 911
Foster Street in the B1 Business District (“Domino’s Pizza”)
WHEREAS, the Zoning Board of Appeals (“ZBA”) met on November 4,
2014, pursuant to proper notice, to consider case no. 14ZMJV-0139, an application filed
by Marr Chicago Pizza, Inc., lessee of the property legally described in Exhibit A,
attached hereto and incorporated herein by reference, commonly known as 911 Foster
Street (the “Subject Property”) and located in the B1 Business District, for a Special Use
Permit to establish, pursuant to Subsection 6-9-2-3 of the Evanston City Code, 2012, as
amended (“the Zoning Ordinance”), a Type 2 Restaurant, “Domino’s Pizza,” on the
Subject Property; and
WHEREAS, the ZBA, after hearing testimony and receiving other evidence,
made a written record and written findings that the application for a Special Use Permit for
a Type 2 Restaurant met the standards for Special Uses in Section 6-3-5 of the Zoning
Ordinance and recommended City Council approval thereof; and
WHEREAS, at its meeting of November 24, 2014, the Planning and
Development Committee of the City Council (“P&D Committee”) considered the ZBA’s
record and findings and recommended the City Council accept the ZBA’s
recommendation and approve the application in case no. 14ZMJV-0139; and
WHEREAS, at its meeting of November 24, 2014, the City Council
considered and adopted the respective records, findings, and recommendations of the
ZBA and P&D Committee, as amended,
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147-O-14
~2~
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: The City Council hereby approves the Special Use Permit
for a Type 2 Restaurant on the Subject Property as applied for in case no. 14ZMJV-
0139.
SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance,
the City Council hereby imposes the following conditions on the Applicant’s Special Use
Permit, violation of any of which shall constitute grounds for penalties or revocation of
said Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance:
A. Compliance with Applicable Requirements: The Applicant shall develop and
use the Subject Property in substantial compliance with: all applicable legislation;
the Applicant’s testimony and representations to the ZBA, the P&D Committee,
and the City Council; and the approved plans and documents on file in this case.
B. Litter Collection Plan: The Applicant shall implement and adhere to a Litter
Collection Plan that requires the policing of an area located within a radius of two
hundred fifty feet (250’) of the Subject Property. The Applicant shall police this
area at least once every three (3) hours during the hours the Special Use is in
operation and shall keep it free of all litter, from any source. For the purpose of
this ordinance, “litter” shall include, but is not limited to: food, food waste, and
beverages; solid waste, including paper, wrappings, containers, cardboard,
napkins, straws, utensils, plates, cans, glass, crockery, cigarette butts, ashes and
similar materials; animal waste and dead animals; yard clippings and leaves; and
all other waste materials which, if thrown or deposited as herein prohibited, may
create a danger to public health, safety, or welfare.
C. Hours of Operation: The Applicant shall operate the Type 2 Restaurant
authorized by this ordinance only between the hours of 10:00 a.m. and 12:00
midnight on Sunday through Thursday, and only between the hours of 10:00 a.m.
and 1:00 a.m. on Friday and Saturday.
D. Deliveries From The Restaurant: Deliveries from the restaurant are allowed to
take place only between the hours of 10:00 a.m. and midnight on Sunday
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147-O-14
~3~
through Thursday, and only between the hours of 10:00 a.m. and 2:00 a.m. on
Friday and Saturday.
E. Deliveries To The Restaurant: Deliveries to the restaurant must only occur via
Foster Street between the hours of 4:00 a.m. and 6:00 a.m. on any given day.
Delivery vehicles must have engine and refrigeration system turned off during the
delivery. Deliveries to the restaurant shall not take place via the alley.
F. Employee Parking: Employees shall not park on the street during hours of
operation.
G. Northwestern University Parking Lot: Applicant agrees to coordinate with
Northwestern University with regards to utilizing the parking lot located at the
intersection of Foster Street and Maple Avenue (“Engelhart Hall Lot”), to be
utilized after 4:00 p.m. for employee parking.
H. Recordation: Before it may operate the Special Use authorized by the terms of
this ordinance, the Applicant shall record, at its cost, a certified copy of this
ordinance with the Cook County Recorder of Deeds.
SECTION 4: When necessary to effectuate the terms, conditions, and
purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns,
and successors in interest.”
SECTION 5: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
SECTION 6: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 7: 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
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
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147-O-14
~4~
SECTION 8: 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.
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147-O-14
~5~
Introduced:_________________, 2014
Adopted:___________________, 2014
Approved:
__________________________, 2014
_______________________________
Elizabeth B. Tisdahl, Mayor
Attest:
_____________________________
Rodney Greene, City Clerk
Approved as to form:
_______________________________
W. Grant Farrar, Corporation Counsel
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147-O-14
~6~
EXHIBIT A
LEGAL DESCRIPTION
LOT 15, THE EAST 12 FEET OF LOT 16, THE W EST 34 FEET OF LOT 16 EXCEPT THE NORTH 36
FEET THEREOF AND THE EAST 6 FEET OF LOT 17 EXCEPT THE NORTH 36 FEET THEREOF, IN
BLOCK 2 IN W HEELER AND OTHERS SUBDIVISION OF THAT PART OF THE NORTH HALF OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 41 NORTH,
RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN LYING W EST OF SHERMAN AVENUE, IN
COOK COUNTY, ILLINOIS.
PINs: 11-18-104-016-0000
11-18-104-017-0000
COMMONLY KNOWN AS: 911 Foster Street, Evanston, Illinois.
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Page 1 of 6
Zoning Board of Appeals
DRAFT NOT APPROVED
MEETING MINUTES
ZONING BOARD OF APPEALS
Tuesday, November 4, 2014
7:00 PM
Civic Center, 2100 Ridge Avenue, Council Chambers
Members Present: Matt Rodgers, Violetta Cullen, Mary Beth Berns, Andrew Gallimore
Members Absent: Beth McLennan, Scott Gingold, Myrna Arevalo
Staff Present: Melissa Klotz, Lorrie Pearson, Mario Treto
Chair: Matt Rodgers
Declaration of Quorum
With a quorum present, Chair Rodgers called the meeting to order at 7:02pm.
Approval of Minutes
The minutes from the October 21, 2014 Zoning Board of Appeals meeting were motioned for
approval. Ms. Cullen made the motion and it was seconded by Ms. Berns. The motion was
approved 3-0, 1 member abstained.
New Business
1513 Greenleaf Street ZBA 14ZMJV-0136
Larry Rosenbaum, contract purchaser, applies for a special use permit for a Single Family
Detached Dwelling at 1513 Greenleaf Street. 1513 Greenleaf Street is located in the B1
Business District, which requires a special use permit for a Single Family Detached Dwelling
(Zoning Code Section 6-9-2-3). The Zoning Board of Appeals makes a recommendation to City
Council, the determining body for this case.
.
Ms. Klotz read the case into the record. She went on to clarify that they chose to pursue a
special use permit as opposed to the option of rezoning for this case.
Bernard Citron, attorney, Larry Rosenbaum, applicant, and Vladimir Rudutny, architect
explained the proposal:
• Prefer to pursue special use instead of rezoning to keep the underlying B1 Business
District intact and avoid spot zoning
• Owner needs a 1-story residence for medical reasons
• Building hasn’t held a business in over 5 years
• Many 1 & 2-Family residences are on this block within the B1 Business District
• Building footprint will be maintained, while 2-car detached garage, driveway, and deck
will be added
• New, interior courtyard will be located at front of building to increase light and air to the
residence while maintaining the zero front setback
• Front façade will maintain the 3 bays, but with metal screens
• Exact screening hasn’t been chosen, but it will be re-reviewed by SPAARC in building
permit process.
Ms. Berns asked if a large storage area will be located in the garage, which Mr. Citron
confirmed and explained that the residence does not feature much storage space and does not
have a basement. The garage will not have plumbing or heating that could be used as a
residence or anything other than storage.
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Page 2 of 6
Zoning Board of Appeals
Chair Rodgers asked how drainage will be addressed. Mr. Citron responded that the shed is
being decreased to a size of 300 ft2, but they are adding 300 ft2 of deck and 450 ft2 for the
garage.
Ms. Berns asked if there were any requirement for building lot coverage or impervious surface
coverage. Ms. Klotz answered that B1 Business District does not have a building lot coverage
or impervious surface coverage, but on-site storm water detention has been done. This project
does not utilize the maximum 1.0 FAR allowed.
Ms. Klotz went on to say that staff prefers to maintain the underlying zoning to keep the
business district intact so as to retain the possibility of reversion to business use in the future.
The ZBA entered into deliberations.
Ms. Berns stated that she would prefer if setbacks of things, like decks, were treated as if they
were residential. Overall, she thinks this is a great project. She did note concerns about the
front screening appearing jail-like.
Chair Rodgers stated that he liked the proposal to remove concrete at the front of the building.
The Standards were addressed:
1. Yes
2. Yes
3. Yes
4. Yes
5. Yes
6. Yes
7. Yes
8. Yes
9. Yes
Ms. Berns motioned to recommend approval of the proposal with the following conditions:
• Parkway must be returned to grass.
• Engineering is to approve drainage.
• The project must be in substantial compliance of the documents and testimony on
record.
The motion was seconded by Ms. Cullen and approved 4-0.
156 Asbury Avenue ZBA 14ZMJV-0137
Ranee Viravakin, co-property owner, appeals the Zoning Administrator’s decision to deny
zoning relief (case number 14ZMNV-0114) from Section 6-4-6-7-F-3 of the Zoning Ordinance
that states the maximum fence height in a required front yard and street side yard is 4’. The
applicant applied for zoning relief to construct a 6’ solid wood fence in the required front yard
and street side yard. The applicant was granted relief from Section 6-4-6-7-F-2-a-1 to permit a
fence in the front yard (Asbury Avenue) and Section 6-4-6-7-F-2-b-1 to permit a fence in a street
side yard (Brummel Street). The applicant was denied relief from Section 6-4-6-7-F-2-a-2 to
permit a fence exceeding 70% opacity in the front yard, Section 6-4-6-7-F-2-b-2 to permit a
fence exceeding 70% opacity in the street side yard, and Section 6-4-6-7-F-3 to permit a fence
height exceeding 4’ in the front or street side yard. The fence variance was partially granted to
allow a 4’ metal fence in the front and street side yard not exceeding 70% opacity. The
applicant now requests a 6’ metal wrought-iron style fence not exceeding 70% opacity in the
front and street side yard. The Zoning Board of Appeals is the determining body for this case.
Ms. Klotz read the case into the record.
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Page 3 of 6
Zoning Board of Appeals
Ranee Viravakin, co- property owner, and Dan Sullivan, co-property owner, explained the
proposal:
• Wanted 6’ metal fence to catch flying garbage from Evanston and Chicago
• Has previously been cited by the City for garbage in the yard
• Garbage clean-up needs to occur 2-3 times per week
Ms. Klotz clarified that the only appeal request is the height of the fence.
Chair Rodgers asked if any of the businesses nearby were being held to the Litter Collection
Plan, to which Ms. Klotz said she was not aware of any.
Chair Rodgers stated that garbage will still have to be picked up along the fence. At any fence
height, garbage will still blow over it.
The ZBA entered into deliberations.
Chair Rodgers stated that he would prefer a 4’ fence with fewer gaps to promote more opacity.
Ms. Berns said that a 6’ height is a detriment. She would prefer the fence to be a foot off the
property line, so that it is not at the sidewalk, to which Ms. Cullen agreed.
Chair Rodgers noted that the proposed fence is at 70% opacity. Ms. Berns stated that 50% is a
better opacity to collect garbage.
Chair Rodgers stated that there seemed to be a general consensus for a 4’ fence with 50%
opacity.
The Standards were addressed for a 4’ wrought iron fence with 50% opacity:
1. Yes
2. Yes
3. Yes
4. Yes
5. Yes
6. Yes
7. Yes
Mr. Gallimore motioned to recommend approval of the proposal with the following conditions:
• Fence is 4’h of wrought-iron style with 50% opacity.
The motion was seconded by Ms. Berns and approved 4-0.
604 Davis Street ZBA 14ZMJV-0138
Andrew J. Spatz, property owner, applies for a special use permit for a Commercial Indoor
Recreation facility, The Barre Code, at 604 Davis Street. 604 Davis Street is located in the D2
Downtown Retail Core District, which requires a special use permit for a Commercial Indoor
Recreation facility to operate (Zoning Code Section 6-11-3-4). The Zoning Board of Appeals
makes a recommendation to City Council, the determining body for this case.
Ms. Klotz read the case into the record.
Andrew J. Spatz, property owner, explained the proposal:
• Front 31% of space designated for retail
• Back 69% of space designated for dancing
• 14 person, dance-exercise studio
• As property owner, very concerned about noise traveling to neighboring spaces
• Did extensive sound testing, and plan to add a sound insulated room within the space
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Zoning Board of Appeals
• No food or beverages sold on site
• No operable windows. Door is weather stripped
• Intend to use best acoustic material possible
• Hours of operation: Monday-Saturday 6 a.m.- 6 p.m., and closed on Sundays
• 2 employees, 3-4 classes per day
• 2 parking spaces dedicated to this use on site (7 spaces total)
Chair Rodgers acknowledged the letter submitted regarding dumpster location, but noted it is
not pertinent to the special use.
The ZBA entered into deliberations.
Ms. Berns stated that she was nervous about loud uses, but is fine with the architectural plans
and soundproofing.
Chair Rodgers noted that proactive measures have been taken to lessen noise and not create a
nuisance for neighbors.
The Standards were addressed:
1. Yes
2. Yes
3. Yes
4. Yes
5. Yes
6. Yes
7. Yes
8. Yes
9. Yes
Ms. Cullen motioned to recommend approval of the proposal with the following conditions:
• Hours of operation between 6 a.m. and 10 p.m.
• Employees cannot park on the street.
• The project must be in substantial compliance of the documents and testimony on
record.
The motion was seconded by Mr. Gallimore and approved 4-0.
911 Foster Street ZBA 14ZMJV-0139
Marr Chicago Pizza Inc., lessee, applies for a special use permit for a Type 2 Restaurant,
Domino’s Pizza, at 911 Foster Street. 911 Foster Street is located in the B1 Business District,
which requires a special use permit for a Type 2 Restaurant to operate (Zoning Code Section 6-
9-2-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining
body for this case.
Ms. Klotz read the case into the record.
Matthew Zia and Ray Sariajay, Domino’s representatives, explained the proposal:
• Propose to open a Domino’s Pizza
• Hood vent will be installed through the roof
• Predominantly carryout service, but will provide some indoor seating with new concept of
“Pizza Theater”, where you can watch pizza being made
• Approximately 20 seats or less
• Hours of Operation: Sunday-Thursday 10 a.m. to 1 a.m., and Friday-Saturday
10 a.m. to 2 a.m.
• Understand that the City prefers that they close at midnight Sunday-Thursday, and at 1
a.m. Friday-Saturday
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Zoning Board of Appeals
• Deliveries to occur by bicycle as well
Ms. Berns inquired why they would not locate in a downtown area if they wanted to stay open
later, to which Mr. Zia responded that they wanted to serve customers within a neighborhood
area and they need parking for delivery drivers. He went on to say that 3-5 employees will be
working per shift and 3 parking spaces will be dedicated to Domino’s.
Ms. Berns asked if a good neighbor plan was in place for those that share the alleyway, which
Mr. Zia confirmed and explained that drivers have had extensive training and adhere to safety
practices. He went on to say that deliveries will occur twice a week and take approximately 15-
20 minutes. Deliveries will probably occur somewhere between 2 a.m. and 6 a.m. via semi
truck. The truck will not be able to turn into the alley or clear the CTA. They don’t want
deliveries to disturb neighbors on the alley overnight, so they would prefer for deliveries to occur
on Foster Street.
Ms. Berns asked when the nearby daycare opens, to which Ms. Cullen answered, 7 a.m. along
with the dance studio. Mr. Zia explained that pizza deliveries will be slow until about 4 p.m. due
to the university being a large source of business. Otherwise, they anticipate 1 delivery out
every ten minutes or so.
Ms. Berns asked if delivery drivers could use the parking lot across the street, to which Mr. Zia
said yes, especially during the rush. He went on to say that he would also comply with the Litter
Collection Plan.
Chair Rodgers clarified that there would be no alcohol service at this establishment.
Mr. Zia noted that windows will not be blacked out.
Bob Tootelian, 2001 Maple Avenue, stated that he would like to see more business on Foster
Street, but is concerned about noise from overnight deliveries. He also felt that parking right in
front of the business location should not be allowed for delivery drivers to run in. He is not
objecting to or supporting this case.
Alderman Holmes stated that people are concerned about parking. If deliveries park in front of
the business, they will get tickets. She supports overnight deliveries, but is also concerned
about noise in the area in general.
Mr. Zia stated that the revitalization of this area is one of his aims and asked that deliveries
could possibly be made up to 2 a.m.
Ms. Berns clarified that she meant delivery drivers in the lot across from the street, not in the
street.
Mr. Zia noted that the delivery time could be adjusted and they could turn off the truck
compressor during deliveries.
The ZBA entered into deliberations.
Chair Rodgers stated that the bike delivery is great and this area is in need of revitalization.
The Standards were addressed:
1. Yes
2. Yes
3. Yes
4. Yes
5. Yes
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Zoning Board of Appeals
6. Yes
7. Yes
8. Yes
9. Yes
Ms. Cullen motioned to recommend approval of the proposal with the following conditions:
• Litter Collection and Garbage Plan
• Hours of Operation between 10 a.m. and midnight, Sunday-Thursday and 10 a.m. to 1
a.m., Friday-Saturday. Deliveries can occur up to 2 a.m. Friday-Saturday.
• Commissary deliveries occur from 4 a.m. to 6 a.m. on Foster Street and compressor and
engine must be turned off.
• Employees may not park on the street.
• Applicant coordinates with Northwestern University to use parking lot across the street
after 4 p.m. if possible.
• The project must be in substantial compliance of the documents and testimony on
record.
The motion was seconded by Ms. Cullen and approved 4-0.
Ms. Klotz passed out a draft of ZBA rules consisting mostly of grammatical changes, but some
policy changes as well. These will be discussed at the next meeting.
The meeting adjourned at 9:35 p.m.
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P LANNING AND Z ONING D IVISION 847‐866‐2930 | zoning@cityofevanston.org
Community Development Department 847‐448‐8126 à www.cityofevanston.org/zoning
2100 Ridge Ave., Rm. 3700 Evanston, IL 60201
FF II NN DD II NN GG SS
FOR STANDARDS OF
SS PP EE CC II AA LL UU SS EE PP EE RR MM II TT SS
In the case of
After conducting a public hearing on November 4, 2014, the Zoning Board of Appeals
makes the following findings of fact, reflected in the audio-visual recording of the
hearings, based upon the standards for special uses specified in Section 6-9-2-3 of the
Zoning Ordinance:
Standard Finding
(A) It is one of the special uses specifically
listed in the zoning ordinance;
___X__Met _____Not Met
Vote 4-0
(B) It is in keeping with purposes and policies of
the adopted comprehensive general plan
and the zoning ordinance as amended from
time to time;
___X___Met _____Not Met
Vote 4-0
(C) It will not cause a negative cumulative
effect, when its effect is considered in
conjunction with the cumulative effect of
various special uses of all types on the
immediate neighborhood and the effect of
the proposed type of special use upon the
city as a whole;
___X___Met _____Not Met
Vote 4-0
(D) It does not interfere with or diminish the
value of property in the neighborhood; ___X___Met _____Not Met
Vote 4-0
Case Number: 14ZMJV-0139
Address or
Location:
911 Foster Street
Applicant: Marr Chicago Pizza, Inc.
Proposed
Special Use:
Restaurant-Type 2, Domino’s Pizza, in B1 District
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P LANNING AND Z ONING D IVISION 847‐866‐2930 | zoning@cityofevanston.org
Community Development Department 847‐448‐8126 à www.cityofevanston.org/zoning
2100 Ridge Ave., Rm. 3700 Evanston, IL 60201
(E) It can be adequately served by public
facilities and services ___X___Met _____Not Met
Vote 4-0
(F) It does not cause undue traffic congestion;
___X___Met _____Not Met
Vote 4-0
(G) It preserves significant historical and
architectural resources; ___X___Met _____Not Met
Vote 4-0
(H) It preserves significant natural and
environmental features; and ___X___Met _____Not Met
Vote 4-0
(I) It complies with all other applicable
regulations of the district in which it is
located and other applicable ordinances,
except to the extent such regulations have
been modified through the planned
development process or the grant of a
variation.
___X___Met _____Not Met
Vote 4-0
and, based upon these findings, and upon a vote
__4__ in favor & __0__ against
Recommends to the City Council
_____ approval without conditions
__x__ approval with conditions specifically:
1. Litter Collection and Garbage Plan
2. Hours of Operation between 10 a.m. and midnight, Sunday-Thursday and 10
a.m. to 1 a.m., Friday-Saturday. Deliveries can occur up to 2 a.m. Friday-
Saturday.
3. Commissary deliveries occur from 4 a.m. to 6 a.m. on Foster Street and
compressor and engine must be turned off.
4. Employees may not park on the street.
5. Applicant coordinates with Northwestern University to use parking lot across the
street after 4 p.m. if possible.
6. The project must be in substantial compliance of the documents and testimony
on record.
_____ denial of the proposed special use.
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P LANNING AND Z ONING D IVISION 847‐866‐2930 | zoning@cityofevanston.org
Community Development Department 847‐448‐8126 à www.cityofevanston.org/zoning
2100 Ridge Ave., Rm. 3700 Evanston, IL 60201
__________________________________________ Date: _____________
Matt Rodgers
Zoning Board of Appeals Chair
Attending: Vote:
Aye No
___X__ Mary Beth Berns __X__ ____
_______ Myrna Arevalo _____ ____
_______ Scott Gingold _____ ____
_______ Beth McLennan _____ ____
___X___ Matt Rodgers __X__ ____
___X___ Violetta Cullen __X__ ____
___X___ Andrew Gallimore __X__ ____
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