HomeMy WebLinkAbout44-O-24 Granting A Special Use Permit for a Tattoo and Body Art Establishment Located at 530 Kedzie Street, in the C1a Commercial Mixed Use District (Sweetheart Ink Co.)4/8/2024
44-O-24
AN ORDINANCE
Granting A Special Use Permit for a Tattoo and Body Art Establishment
Located at 530 Kedzie Street, in the C1a Commercial Mixed Use
District (Sweetheart Ink Co.)
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 power s
possible” (Scadron v. City of Des Plaines, 153 Ill.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
Page 1 of 8 Doc ID: 81600bf16283005d7d0dfb605b4e69aa3286843b
44-O-24
WHEREAS, David and Steven Libert are the lessees (“the Applicant”), of
the property located at 530 Kedzie Street, legally described herein (the “Subject
Property”), attached hereto and incorporated herein as Exhibit A; and
WHEREAS, the Applicant has petitioned the City Council of the City of
Evanston, for approval of a Special Use Permit for a Tattoo and Body Art Establishment
in the C1a Commercial Mixed Use District pursuant to City Code Section 6-10-3-3,
located at the Subject Property (“Special Use”); and
WHEREAS, following due and proper publication of notice in the Pioneer
North not less than fifteen (15) nor more than thirty (30) days prior thereto, and following
written notice to all property 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 March 27, 2024 regarding case no. 24ZMJV-0007 to consider the requested Special
Use, at which the Applicant presented evidence, testimony, and exhibits in support of
the Special Use, and at which interested parties were provided the opportunity to
provide public comment; and
WHEREAS, after having considered the evidence presented, including the
exhibits and materials submitted, and public testimony provided, the LUC reviewed the
standards for a Special Use pursuant to City Code Section 6-3-5-10 and found that:
1. Is one of the listed special uses for the zoning district in which the property lies:
A tattoo and body art establishment is a special use in the C1a commercial
mixed use district so the standard is met.
2. Complies with the purposes and the policies of the Comprehensive General Plan
and the Zoning Ordinance: A tattoo and body art establishment that utilizes the
business space aligns with the goals and standards of the plan, so the standard
is met.
~2~
Page 2 of 8 Doc ID: 81600bf16283005d7d0dfb605b4e69aa3286843b
44-O-24
3. Does not cause a negative cumulative effect in combination with existing special
uses or as a category of land use: The minimal impact standard is met because
the store's size and the nature of its offerings suggests that the impact on the
neighborhood will be minimal.
4. Does not interfere with or diminish the value of property in the neighborhood: A
functioning business does more for property values than an empty storefront and
no one has testified against the project, so the standard is met.
5. Is adequately served by public facilities and services: The proposed tattoo and
body art establishment will not result in a significant increase in the building's
usage compared to its previous use and so the standard is met.
6. Does not cause undue traffic congestion: There is not concern about traffic
congestion, so the standard is met.
7. Preserves significant historical and architectural resources: There is no change
to the outside of the building so that standard is met.
8. Preserves significant natural and environmental resources: There is no change to
the outside of the building so that standard is met.
9. 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:
They will be required to be licensed and monitored through the Health
Department which is included as standard language of code and regulation
compliance in the final ordinance, so the standard is met.
WHEREAS, after making its findings as set forth herein, the LUC
recommended approval of the requested Special Use pursuant to Sections 6-3-5-7 and
6-3-5-10 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 April 8, 2024, the P & D Committee held a meeting in
compliance with the Illinois Open Meetings Act, received input from the public, carefully
considered the findings, and recommendation for approval by the LUC in case no.
24MJV-0007 as outlined herein, concurred with said findings, and recommended
approval of the Special Use to the City Council; and
~3~
Page 3 of 8 Doc ID: 81600bf16283005d7d0dfb605b4e69aa3286843b
44-O-24
WHEREAS, at its meetings on April 8, 2024 and April 29, 2024, held in
compliance with the Open Meetings Act, the City Council considered the
aforementioned findings of fact, as amended and outlined herein, and found it
appropriate to grant the Special Use 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 Ill. App.3d 747) and is not subject to courtroom
fact-finding(see National
Paint & Coating Ass’n 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 City Council has considered the findings and
recommendations of the LUC and the P & D Committee and the foregoing recitals are
hereby found and adopted as fact with regard to the requested Special Use.
SECTION 2: Based upon the above findings of fact and pursuant to the
terms and conditions of this ordinance and Section 6-3-5-8 of the Zoning Ordinance, the
City Council hereby grants the Special Use Permit, as applied for in zoning case no.
24ZMJV-0007, to allow the operation of a Tattoo and Body Art Establishment on the
Subject Property in the C1a Commercial Mixed Use District.
SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance,
the City Council imposes the following conditions on the Special Use Permit granted
hereby, which may be amended by future ordinance(s), violation of any of which shall
~4~
Page 4 of 8 Doc ID: 81600bf16283005d7d0dfb605b4e69aa3286843b
44-O-24
constitute grounds for penalties or revocation of said Special Use Permit pursuant to
Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance:
A. Substantial Compliance: 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 Land Use Commission, the P&D Committee, and the City Council.
B. Recordation: The Applicant shall, at their cost, record a certified copy of
this ordinance, including all Exhibits attached hereto, with the Cook
County Clerk’s Office, and provide proof of such recordation to the City
prior to issuance of a final Certificate of Occupancy.
C. Licensing: All applicable federal, state, and local licensing, certifications,
trainings, and inspections for the business and every employee shall be
maintained as long as the facility is in operation.
D. Hours: Hours of operation shall not exceed 10 am – 8 pm, seven (7) days
per week.
E. Parking: Employees shall not utilize metered street parking while working.
SECTION 4: When necessary to effectuate the terms, conditions, and
purposes of this ordinance, “Applicant” shall be read as “Applicant’s tenants, agents,
assigned, and successors in interest.”
SECTION 5: 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 6: 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
~5~
Page 5 of 8 Doc ID: 81600bf16283005d7d0dfb605b4e69aa3286843b
44-O-24
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 7: If any provision of this ordinance or application thereof to
any person or circumstance is held 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.
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: 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.
~6~
Page 6 of 8 Doc ID: 81600bf16283005d7d0dfb605b4e69aa3286843b
44-O-24
Introduced: _________________, 2024
Adopted: ___________________, 202 4
Approved:
__________________________, 2024
_______________________________
Daniel Biss, Mayor
Attest:
_______________________________
Stephanie Mendoza, City Clerk
Approved as to form:
______________________________
Alexandra Ruggie, Interim Corporation
Counsel
~7~
Page 7 of 8
April 08
April 29 April 29
Doc ID: 81600bf16283005d7d0dfb605b4e69aa3286843b
44-O-24
EXHIBIT A
LEGAL DESCRIPTION
LOTS 1 AND 2 IN KEDZIE AND KENNEY’S ADDITION TO EVANSTON, A
SUBDIVISION IN THE SOUTHEAST ¼ OF SECTION 19, TOWNSHIP 41 NORTH,
RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,
ILLINOIS.
PIN: 11-19-407-001-0000; 11-19-407-002-0000
Commonly Known As: 530 Kedzie Street, Evanston, Illinois
~8~
Page 8 of 8 Doc ID: 81600bf16283005d7d0dfb605b4e69aa3286843b