HomeMy WebLinkAboutOrdinance 48-O-25, Granting a Special Use Permit for a Kennel located at 2900 Central Street, in the B1a Business District7/28/2025
48-O-25
AN ORDINANCE
Granting a Special Use Permit for a Kennel located at 2900 Central
Street, in the B1a 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 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
WHEREAS, Kristina Rosinia of Tails Together Co., “the Applicant”,
requests approval of a Special Use Permit for a kennel in the B1a Business District,
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located at the property commonly known as 2900 Central Street, legally described and
attached by reference herein as Exhibit A, and located in the B1a Business District; and,
WHEREAS, pursuant to Subsection 6-9-5-3, a kennel is an allowed
Special Use in B1a Business District; and
WHEREAS, following due and proper publication of notice in the Chicago
Tribune, 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 conducted a public hearing on July 9,
2025, in compliance with the provisions of the Illinois Open Meetings Act (5 ILCs 120/1
et seq.) on the application for a Special Use Permit for a kennel, filed as zoning case
no. 25ZMJV-0026; and
WHEREAS, the Land Use Commission received extensive testimony,
heard public comment, and made findings pursuant to Subsection 6-3-5-10, of the
Zoning Ordinance, and by a vote of eight (8) “yays” and zero (0) “nays” with one (1)
Commissioner absent, recommended City Council approval with conditions of the
application for Special Use Permit for a kennel with the below findings incorporated into
the record:
1.Is one of the listed special uses for the zoning district in which the property
lies: Meets the standard as a kennel is listed as an eligible special use in
the B1a Business District which is the closest definition for this project.
2.Complies with the purposes and the policies of the Comprehensive
General Plan and the Zoning Ordinance: Plans and ordinances provide
direction and guidance. This building fits the proposed activity, the
conditions address operation of the kennel and so the standard is met.
3.Does not cause a negative cumulative effect in combination with existing
special uses or as a category of land use: The conditions that are being
placed on the management of the facility, including assurances of
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addressing sound concerns, will lessen the impact on the neighborhood
so the standard is met.
4.Does not interfere with or diminish the value of the property in the
Neighborhood: The use will provide continuity of commercial space on
the street and no opposition was expressed for the proposed conditions.
Commission determined that this standard is met.
5.Is adequately served by public facilities and services: The use is going
into an existing building where the infrastructure provided is adequately
served by public facilities and services so the standard is met.
6.Does not cause undue traffic congestion: The proposed business has six
employee parking spaces and is in an area with on-street parking so the
Commission determined that the standard is met.
7.Preserves significant historical and architectural resources: The existing
storefront will be largely preserved so the Commission determined that
this standard is met.
8.Preserves significant natural and environmental resources: No evidence
has been provided to the contrary so the Commission determined that the
standard is met.
9.Complies with all other applicable regulations. The Commission heard
from staff that the proposed operations are otherwise compliant and
determined that the standard is met.
WHEREAS, on July 28, 2025, the Planning and Development (“P&D”)
Committee of the City Council held a meeting, in compliance with the provision of the
Open Meetings Act and the Zoning Ordinance, received input from the public, carefully
considered the findings and recommendation for approval with conditions of the Land
use Commission, and recommended approval thereof by the City Council; and
WHEREAS, at its meeting on July 28, 2025 held in compliance with the
Open Meetings Act and the Zoning Ordinance, the City Council considered the
recommendation of the P&D Committee, received additional public comment, made
certain findings, and adopted said recommendation; 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).
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48-O-25
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.
25ZMJV-0026, to allow the operation of one (1) kennel.
SECTION 3: Pursuant to Subsection 6-3-5-12 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 kennel as requested under zoning
case no. 25ZMJV-0026, 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 pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance:
1.All animal areas where dogs will be staying overnight shall include proper
soundproofing, cameras, and white-noise machines.
2.Hours of operation are 12:00 pm – 6:00 pm, Wednesday through Sunday
with additional community activities. Hours may expand administratively
by Community Development staff as operations increase but shall b e no
earlier or later than 6:00 am – 9:00 pm.
3.The accessory Animal Hospital (“vet care”) use is limited to adoptable
animals. Should this use expand to outside animals, staff may
administratively expand the special use permit to include this as an
additional primary use.
4.Employees are not to park on the street during hours of operation.
5.The Applicant shall construct the associated improvements to the Subject
Property as described herein, as authorize 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.
6.The Applicant must record the Ordinance granting the Special Use with
the Cook County Recorder of Deeds.
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SECTION 4: When necessary to effectuate the terms, conditions, and
purposes of this ordinance, “Applicant” shall be read as “Appli cant’s tenants, agents,
assignees, 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 applica tion 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 ieachprovision, application or invalidthe and invalidor nvalid provision
application of this ordinance is severable.
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.
Introduced: _________________, 2025
Adopted: ___________________, 2025
Approved:
__________________________, 2025
_______________________________
Daniel Biss, Mayor
Attest:
_______________________________
Stephanie Mendoza, City Clerk
Approved as to form:
______________________________
Alexandra Ruggie, Corporation Counsel
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48-O-25
EXHIBIT A
LEGAL DESCRIPTION
THE WEST 40 FEET OF LOT 8 AND LOT 9 (EXCEPT THE WEST 30 FEET
THEREOF)IN BLOCK 4 IN E.T. PAUL’S ADDITION TO EVANSTON IN THE
NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 41 NORTH, RANGE 13, EAST
OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PIN: 10-11-202-028-0000
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