HomeMy WebLinkAboutOrdinance 4-O-26 Granting a Special Use Permit for 824 Graffield Place for a Child Residential Care Home in the R4a General Residential District1/12/2026
4-O-26
AN ORDINANCE
Granting a Special Use Permit for 824 Gaffield Place for a Child
Residential Care Home in the R4a General Residential 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
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, the Land Use Commission (“LUC”) met on December 10, 2025,
pursuant to proper notice, to consider case no. 25ZMJV-0046, an application filed by
Karen Croteau, (the “Applicant”), for the property legally described in Exhibit A, attached
hereto and incorporated herein by reference, commonly known as 824 Gaffield Place (the
Subject Property”) and located in the R4a General Residential District, for a Special Use
Permit to establish, pursuant to Subsection 6-8-6-3 of the Zoning Code, as amended, a
Child Residential Care Home on the Subject Property; and
WHEREAS, after having considered the evidence presented, including the
exhibits and materials submitted, and public testimony provided, the LUC made the
following findings per Section 6-3-5-10 of the Zoning Ordinance:
1. Is one of the listed special uses for the zoning district in which the property lies:
In consideration of the associated text amendment requested by the applicant,
this standard is met.
2. Complies with the purposes and the policies of the Comprehensive General
Plan and the Zoning ordinance as amended from time to time: In addition to
preserving the residential character of this block, the special use will further the
City’s goals relative to diversity of housing options.
3. 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: Child Residential Care Home uses have been
occurring in this vicinity for many years without any known incident and
neighbors of a similar home in Evanston (operated by the Applicant) wrote a
letter outlining how it has been a positive experience to live next to the child
care home.
4. Does not interfere with or diminish the value of property in the neighborhood:
The fact that this special use was previously approved and that there are three
existing child residential care homes on this block with no evidence that
property values on the block have declined illustrates that this standard is met.
5. Is adequately served by public facilities and services: The City did not express
concerns over adequate service from public facilities and services and no
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evidence has been provided showing that the special use could not be
adequately served by public facilities and services.
6. Does not cause undue traffic congestion: The girls living at the residential care
home will not own cars.
7. Preserves significant historical and architectural resources: The subject
property is not landmarked or located in a historic district, but preservation of
the existing structure on the site will help to preserve the character of the area.
8. Preserves significant natural and environmental resources: The standard is not
applicable since there is no evidence of significant natural or environmental
resources existing on the site.
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: The Applicant indicated that they will comply with all other applicable
regulations.
WHEREAS, at its meeting of January 12, 2026, 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 approve the application in case no.25ZMJV-0046; and
WHEREAS, at its meetings of January 12, 2026, the City Council
considered and adopted the respective records, findings, and recommendations of the
LUC and P&D Committee, as amended,
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.
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SECTION 2: The City Council hereby approves the Special Use Permit for
a Child Residential Care Home on the Subject Property as applied for in case no.
25ZMJV-0046.
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. The Applicant shall construct the associated improvements to the Subject Property
as depicted on Exhibit B attached hereto, 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;
B. That the Applicant is to record this 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 and approval in the manner provided by law.
SECTION 6: In accordance with Section 6-3-5-15 of the Zoning Ordinance,
this Special Use Permit shall not be valid for a period longer than one (1) year unless a
building permit is issued and construction is actually begun within that period and is
thereafter diligently pursued to completion, or unless the City Council has lawfully
extended the one (1) year expiration as outlined in Section 6 -3-5-15(A) of the Zoning
Ordinance.
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SECTION 7: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 8: 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 9: 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: _________________, 2026
Adopted: ___________________, 2026
Approved:
2026
Daniel Biss, Mayor
Attest:
Stephanie Mendoza, City Clerk
Approved as to form:
Alexandra Ruggie, Corporation Counsel
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EXHIBIT A
LEGAL DESCRIPTION
LOT 32 IN GARFIELD’S SUBDIVISION OF PART OF THE SOUTH HALF OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7,
TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
COOK COUNTY, ILLINOIS.
COMMONLY KNOWN AS 824 GAFFIELD PLACE
PIN # 11-07-121-010-0000
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EXHIBIT B
IMPROVEMENT PLANS