HomeMy WebLinkAboutOrdinance 65-O-25 Granting a Special Use Permit for 815 Howard Street for an Animal Hospital In the B3 Business District9/29/2025
65-O-25
AN ORDINANCE
Granting a Special Use Permit for 815 Howard Street for an Animal
Hospital In the B3 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 ordinances 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,
which states that the “powers and functions of home rule units shall be construed
liberally,” was written “with the intention that home rule units be given the broadest powers
possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164); 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
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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, the Land Use Commission (“LUC”) met on August 27, 2025,
pursuant to proper notice, to consider case no. 25ZMJV-0033, an application filed by Dr,
Barbara Royal, (the “Applicant”), for the property legally described in Exhibit A, attached
hereto and incorporated herein by reference, commonly known as 815 Howard Street (the
“Subject Property”) and located in the B3 Business District, for a Special Use Permit to
establish, pursuant to Subsection 6-9-4-3 of the Evanston City Code, 2012, as amended
(“the Zoning Ordinance”), an Animal Hospital on the Subject Property; and
WHEREAS, the LUC, after hearing testimony and receiving other evidence,
made a written record and written findings that the application for a Special Use Permit for
an Animal Hospital met the standards for Special Uses in Section 6-3-5-10 of the Zoning
Ordinance and, with a vote of six (6) “yay” votes and one (1) abstention, recommended City
Council approval thereof; and
WHEREAS, at its meeting of September 29, 2025, the Planning and
Development Committee of the City Council (“P&D Committee”) considered the LUC’s
record and findings and recommended the City Council accept the LUC’s
recommendation and approved the application in case no.25ZMJV-0033; and
WHEREAS, at its meeting of September 29, 2025, the City Council
considered and adopted the respective records, findings, and recommendations of the
LUC and P&D Committee, as amended,
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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
an Animal Hospital on the Subject Property as applied for in case no. 25ZMJV-0033.
SECTION 3: Pursuant to Subsection 6-3-5-8 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 6-3-5-12 of the Zoning Ordinance:
A. That overnight stays shall not be permitted. Should overnight stays be proposed
in the future, a new Special Use Permit application shall be applied for ; and
B. That Employees are not to park on the street during hours of operation ; and
C. 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; and
D. That the Applicant is to record the Ordinance granting the Special Use with the
Cook County Recorder of Deeds; and
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.
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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.
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
September 29
September 29
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EXHIBIT A
LEGAL DESCRIPTION
LOTS 23, 24, 25 AND 26 IN BLOCK 7 IN BRUMMEL AND CASE HOWARD
TERMINAL ADDITION IN THE NORTHWEST 1/4 OF SECTION 30, TOWNSHIP 41
NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK
COUNTY, ILLINOIS.
COMMONLY KNOWN AS 815 HOWARD STREET
PIN # 11 - 30 - 123 - 019 - 0000
11 - 30 - 123 - 020 - 0000
11 - 30 - 123 - 021 - 0000
11 - 30 - 123 - 022 - 0000
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