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HomeMy WebLinkAboutOrdinance 14-O-26 Granting a Special Use for a Domestic Animal Daycare Center and Kennel at 1710 Maple Avenue (1) (1)2/9/2026 14-O-26 AN ORDINANCE Granting a Special Use Permit for 1710 Maple Avenue for a Domestic Animal Daycare Center and a Kennel in the RP Research Park 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 Page 1 of 15 14-O-26 WHEREAS, the Land Use Commission (“LUC”) met on January 14, 2026, pursuant to proper notice, to consider case no. 25ZMJV-0051, an application filed by Viewpoint Consulting, LLC, (the “Applicant”), for Dogtopia of Downtown Evanston, for the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 1710 Maple Avenue (the “Subject Property”) and located in the RP Research Park District, for a Special Use Permit to establish, pursuant to Subsection 6-12-2-3 of the Zoning Code, as amended, a Domestic Animal Daycare Center and a Kennel 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: 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: The proposed use will fill a vacant space with a mix of uses and promotes the goal of retaining and enhancing a diversity of business, commercial, and industrial areas as desirable locations of economic activity, so this standard is met. 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: this represents a relocation of an existing facility and does not add any new facilities in the immediate vicinity, so this standard is met 4.Does not interfere with or diminish the value of property in the neighborhood: Dogtopia currently operates very close to the proposed site and has not had any issues to staff’s knowledge, so 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 evidence has been provided showing that the special use could not be adequately served by public facilities and services. The proposed site is Page 2 of 15 14-O-26 within an existing building served by public services, facilities and infrastructure, so this standard is met. 6. Does not cause undue traffic congestion: The LUC did not find evidence that a Domestic Animal Daycare Center at this location would impact traffic congestion. Supervised pick-up/drop-off, leasing of additional parking spaces, and conditions of approval related to on -street loading will help mitigate impacts, so this standard is met. 7. resources: architectural andsignificantPreserves historical subjectThe property is not landmarked or located in a historic district, so this standard is met. 8. Preserves significant natural and environmental resources: The standard is not of ornatural significant evidencesinceis there applicable no environmental resources existing on the site. 9. Complies with all other applicable regulations of the district in which it is located the suchextent except toapplicableother and ordinances, 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, the Land Use Commission recommended approval with six (6) “yay” votes cast in favor of approval and two (2) “nay” votes cast against approval, with one commissioner absent, of the application for a Special Use Permit for a Domestic Animal Daycare Center and a Kennel for the Subject Property; and WHEREAS, meetingits at of 9February 202, 6 andthe, Planning Development Committee of the City Council (“P&D Committee”) considered the LUC’s record theaccept CouncilCity recommendedandfindingsand the LUC’s recommendation and approve the application in case no.25ZMJV-0051; and WHEREAS, at its meetings of February 9, 2026, and February 23, 2026, the City Council considered and adopted the respective records,findings, and recommendations of the LUC and P&D Committee, as amended, Page 3 of 15 14-O-26 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 Domestic Animal Daycare Center and a Kennel on the Subject Property as applied for in case no. 25ZMJV-0051. 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: 1.Hours of operation remain 6:30 AM – 7:00 PM Monday through Friday and 10:00 AM – 5 PM on Saturday and Sunday; 2.Employees shall not park on the street during hours of operation; 3.The Applicant shall continue to work with the City on establishing additional on- street short-term parking and loading spaces in front of the property on Maple Avenue; 4.Prior to issuance of a Certificate of Occupancy, the Applicant shall execute a lease with the City for two additional parking stalls within the City-owned Maple Avenue garage facility; 5.Prior to issuance of a Certificate of Occupancy, the Applicant shall submit to the Zoning Administrator a contingency plan for those times when an owner fails to claim his/her animal(s); 6.Applicant shall incorporate recommendations from the Acoustical Risk Assessment & Noise Control Plan into construction of the space; 7.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 8.Applicant shall record this Ordinance approving the Special Use with the Cook County Recorder of Deeds. Page 4 of 15 14-O-26 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. 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. Page 5 of 15 14-O-26 Introduced: _________________, 2026 Adopted: ___________________, 202 6 Approved: Attest: _______________________________ Stephanie Mendoza, City Clerk __________________________, 2026 _______________________________ Daniel Biss, Mayor Approved as to form: ______________________________ Alexandra B. Ruggie, Corporation Counsel February 9 February 23 Page 6 of 15 14-O-26 EXHIBIT A LEGAL DESCRIPTION PARCEL ONE: LOT 2 IN OPTIMA VIEWS RESUBDIVISION OF ALL OF LOT 3 IN CHURCH MAPLE SECOND RESUBDIVISION IN THE NORTHWEST 'A OF SECTION 18. TOWNSHIP 41 NORTH. RANGE 14. EAST OF THE THIRD PRINCIPAL MERIDIAN. ACCORDING TO THE PLAT THEREOF RECORDED MARCH 18. 2003 AS DOCUMENT 0030370729, IN COOK COUNTY. ILLINOIS. PARCEL 2: EASEMENTS FOR THE BENEFIT OF PARCEL 1 AS PROVIDED IN EASEMENT AND OPERATING AGREEMENT RECORDED AUGUST 23. 2001 AS DOCUMENT 0010778595 AS AMENDED FOR INGRESS. EGRESS. STRUCTURAL SUPPORT, USE STAIRCASE.CEILINGS.FLOORS,EXIT COMMON PIPES, WALLS, OF CONSTRUCTION ANDUTILITY ANDOUTDOOR ENCROACHMENTS SEATING. FOR INGRESS AND EGRESS FOR ACCESS TO AND USE OF THE LOADING DOCK AND REFUSE AREA, OVER AND ACROSS LOT 1 IN CHURCH MAPLE SECOND RESUBDIVISION AND FOR INGRESS AND EGRESS TO PUBLIC RIGHT OF WAY KNOWN AS MAPLE AVENUE AS CREATED BY AMENDMENT RECORDED JANUARY 24. 2003 AS DOCUMENT 0030 1 13627. PIN: 11-18-117-013-0000 Page 7 of 15 MINUTES Land Use Commission Wednesday, January 14, 2026 @ 7:00 PM Lorraine H. Morton City Hall, James C. Lytle City Council Chambers COMMITTEE MEMBER PRESENT: Kiril Mirintchev, Myrna Arevalo, Jameika Mangum, Jeanne Lindwall, Chair Brian Johnson, Max Putchel, Loren Berlin, Luke Harris-Ferree COMMITTEE MEMBER ABSENT: Darush Mabadi STAFF PRESENT: Meagan Jones, Land Use Planner Brian George, Assistant City Attorney Jeremiah Bebo, Development Services Supervisor Sam Hubbard, Senior Planner ….. D.NEW BUSINESS A.Special Use | 1710 Maple Avenue | #25ZMJV-0051 Viewpoint Consulting LLC d/b/a Dogtopia of Downtown Evanston, applicant, requests a Special Use to allow a Daycare Center - Domestic Animal and Kennel (section 6-12-2-3) at 1710 Maple Avenue in the RP Research Park District. The use currently operates at 9 00 Clark Street and is proposing to relocate to the Maple Avenue location. The Land Use Commission makes a recommendation to the City Council, the determining body for this case, in accordance with Section 6-3-5 of the Evanston Zoning Ordinance. PIN: 11-18-117- 013-0000 Neighborhood Land Use Planner Meagan Jones read this into record Sarah Lewis, owner/operator of Dogtopia downtown Evanston, presented her request to Page 8 of 15 Land Use Commission January 14, 2026 relocate her business from 900 Clark Street to 1710 Maple Avenue. She was joined by her husband, Carey, and supporting witnesses including George Kisiel , land use consultant; Sarah Barnes, zoning counsel; and Eric Miller Klein, acoustical engineer. Ms. Lewis described the business as a full-service indoor dog daycare, overnight care, and spa, emphasizing safety, health, noise and odor control, and community engagement. The facility will maintain the same capacity and services, and will not take dogs outside. Noise and odor mitigation measures, including an acoustical study, were discussed. George Kisiel reviewed the special use standards and noted that the relocation meets all requirements. The use is already permitted in the RP district, supports the comprehensive plan by promoting a vibrant mixed-use downtown, has minimal traffic impact, no negative effect on property values, and complies with all zoning and state regulations. The relocation fills a long-vacant storefront while continuing to provide a valued community service. No additional concerns were raised, and all witnesses remained available for questions. Commissioner Puchtel asked Sarah Lewis to clarify the motivation for relocating Dogtopia from 900 Clark Street to 1710 Maple Avenue. Sarah Lewis explained that the move allows her to secure more favorable long-term lease terms and ensure the business can remain in Evanston for the foreseeable future, while planning for future fixed costs. She confirmed that the capacity, services, and nature of operations at the new location will remain essentially the same as the current site. Commissioner Berlin asked Sarah Lewis about noise standards and other site considerations for Dogtopia’s proposed move to 1710 Maple Avenue. Sarah Lewis explained that the new location, being near residential units, is subject to stricter Illinois code nois e standards than the current location, and that additional noise mitigation measures will be implemented. Commissioner Berlin also inquired whether other downtown locations were considered. Sarah Lewis confirmed she explored alternatives but found that this location best balances walkable access for customers. Finally, Commissioner Berlin expressed concern about potential safety risks for older adults in the condo building due to dog traffic. Sarah Lewis responded that separate entrances, a green space buff er, and building layout mitigate these concerns, and she does not foresee safety issues. Chair Lindwall asked Sarah Lewis about overnight boarding operations and noise impacts. Sarah Lewis explained that dogs boarded overnight are housed in back rooms away from street-facing windows, with separate playrooms for small and large dogs, consistent with their current facility layout. She noted that all overnight dogs are also daycare dogs who are active during the day and typically settle quietly at night. Cha ir Lindwall also asked about the sound testing process and potential impacts on residential units above the space. Sarah Lewis stated that residents above were not notified of the sound test and were not disturbed, and described planned sound mitigation measures, including concrete construction and additional gypsum soundproofing materials. She emphasized that the sound report showed most detectable noise originating from the storefront, which is why significant mitigation is planned there to address potential impacts to nearby residential units, including those with open windows or balconies. Chair Lindwall opened Public testimony Page 9 of 15 Land Use Commission January 14, 2026 Gul Agha the president of the Optima Views Condominium Association spoke in opposition to the proposed Dogtopia relocation, citing concerns about traffic congestion, pedestrian safety, noise, hygiene, and emergency preparedness. He noted the high volume of deliveries, ride share activity, and pedestrian traffic in the area, particularly involving seniors, children, and medical patients, and argued that additional dog drop off and pickup activity would worsen conditions. He raised concerns about interactions between dogs and vulnerable pedestrians, potential overnight barking affecting residential units above, and limits of noise regulations. He also questioned fire safety, waste management, impacts on landscaping, and evacuation procedures for dogs in an emergency. He urged the Commission to deny the request, stating the location was inappropriate for a residential building and that financial considerations did not justify the risks. Kyle Naviens, an Evanston resident of five years, spoke in opposition to the proposed development associated with the relocation of Dogtopia. He argued that the move is driven by plans to redevelop 900 Clark Street into a high-rise that would displace existing community-serving businesses. He expressed concern that the proposed 358-unit tower prioritizes studio and one-bedroom units, resulting in predominantly transient housing rather than long-term community stability. He also criticized the lack of on-site parking, stating that it would shift parking demand onto city streets and public garages. He concluded that the proposal primarily benefits the developer while placing burdens on current residents and urged the Commission to reject the plans. Chair Lindwall reminded attendees that the proposed redevelopment of 900 Clark Street was not on the agenda for the evening and would be considered separately at a future time. She clarified that the hearing was limited to the appropriateness of Dogtopia’s proposed new location and asked that any remaining public testimony focus on that specific item. Pat Blumean, a resident of Optima Views, testified in opposition to the proposed Dogtopia relocation. She stated that she shared and expanded upon concerns raised by the condominium association president, emphasizing traffic congestion, frequent dog pick-ups and drop-offs throughout the day, and limited curb space already in constant use. She noted that alternative drop-off locations, including the alley or nearby garage, are impractical. Ms. Blumean raised pedestrian safety concerns, particularly for seniors and patients visiting nearby physical therapy clinics, and described personal mobility challenges navigat ing sidewalks with dogs present. She also questioned the reliability of the sound study, stating that street noise travels vertically to upper floors of the building and expressed concerns about sanitation and increased rodents due to dog waste. Chris Doherty, a resident of 1720 Maple, testified that based on his daily observations, Dogtopia customers do not walk to the facility but instead arrive by car and stop directly in front of the building to drop off dogs. He stated that unlike Clark Stree t, curb space on Maple Avenue is already fully occupied, and the proposed location would result in frequent double - parking, U-turns, and traffic congestion throughout the day. Mr. Dohertyconcluded that it is unrealistic to expect customers to park elsewhere or use garages and walk their dogs, making this location unsuitable for the level of vehicle activity it would generate. Leah Rajstein, a resident of 1720 Maple and a 20 -year Evanston resident, testified in opposition, citing concerns about pedestrian safety due to increased traffic, double parking, Page 10 of 15 Land Use Commission January 14, 2026 and frequent vehicle turning movements. She stated that noise mitigation would be ineffective, noting that sound travels between floors despite concrete construction. Ms. Rajstein also emphasized that residents pay high taxes for a safe, high-quality living environment and argued that the proposed use would place additional stress on residents, including those accessing nearby medical services. Kathy Oswald, a 20-year resident of 1720 Maple, testified in opposition, noting that dog care facilities are typically located in industrial areas, commercial corridors, or standalone buildings rather than directly adjacent to residential units. She expressed concern that the proposed location is immediately next to residential apartments and would exacerbate existing parking congestion and double parking along Maple Avenue. Ms. Oswald urged the Commission to deny the request. Sarah Lewis thanked the Commission for the opportunity to explain Dogtopia’s operations and the importance of the business to her customers and employees. She stated that relocating nearby would allow the business to remain in Evanston long term and provide greater financial stability. She requested approval to proceed with the move. Chair Lindwall Closed Public testimony and opened Commissioner deliberations Commissioner Berlin asked staff whether alternatives had been discussed to reduce curbside parking impacts at the Maple Avenue location, noting that Maple is busier, more residential, and more congested than Clark Street. Department Services Supervisor Jeremiah Bebo responded that staff discussed modest adjustments such as expanding or modifying existing loading zones, and noted that the Maple site already has designated loading spaces and time-managed operations that could mitigate congestion compared to the current location. Commissioner Johnson asked city staff about current capacity and usage of the Maple Avenue garage, whether parking and traffic staff had concerns about increased de mand, and whether enforcement strategies were discussed to address double parking. Neighborhood Land Use Planner Meagan Jones responded that garage occupancy varies but there is remaining capacity, staff did not identify major concerns with accommodating the relocated use, and while enforcement was not specifically discussed for this case, parking configuration changes and broader enforcement conversations are ongoing at the city level. Commissioner Harris-Ferree asked whether the alley could serve as an access option and raised questions about the existing 30 minute loading zones on Maple Avenue, including who primarily uses them and whether adjustments such as additional or shorter time limit loading zones could reduce congestion. Department Services Supervisor Jeremiah Bebo explained that the alley is not a through route and is used primarily for building services, and that the loading zones are public but originally intended to support the residential building, with ongoing staff discussions about potential reconfiguration. Chair Lindwall noted that she regularly drives this stretch of Maple Avenue, observed that loading zone availability varies by time of day, and stated she was gene rally supportive of the project provided loading zone adjustments and soundproofing measures adequately Page 11 of 15 Land Use Commission January 14, 2026 address traffic and residential impacts. City staff confirmed they have not received any formal complaints or known issues related to the applicant’s current location since its approval. Several commissioners expressed general support for the relocation, noting the business’s positive track record, proximity to the existing site, available parking capacity, and that enforcement issues fall outside the commission’s purview. There was discussion about potential impacts on condo unit marketability, with recognition that while some residents may view the use as controversial, others may see it as a benefit in a pet friendly building. Chair Lindwall reviewed the conditions Condition 1: Hours of Operation The hours of operation shall remain 6:30 a.m. to 7:00 p.m. Monday through Friday and 10:00 a.m. to 5:00 p.m. Saturday and Sunday. No commissioners raised objections to the proposed hours. The hours were generally viewed as consistent with surrounding uses. Condition 2: Employee Parking Employees shall not park on the street during hours of operation. Commissioners agreed this condition was important to reduce on street congestion. No additional modifications were suggested. Condition 3: Short Term Parking and Loading Zones on Maple Avenue The applicant shall continue working with the City to establish additional on street short term parking and or loading zones in front of the property on Maple Avenue. Commissioners discussed whether one or more spaces could be converted and emphasized the need for flexibility rather than a fixed number. Staff confirmed the language was intentionally broad to allow ongoing coordination. Condition 4: Lease of Garage Parking for Employees Prior to issuance of a certificate of occupancy, the applicant shall execute a lease with the City for two additional parking spaces in the Maple Avenue garage for employee use. Commissioners noted this condition helps offset street parking demand. No objections were raised. Condition 5: Contingency Plan for Unclaimed Animals Prior to issuance of a certificate of occupancy, the applicant shall submit a contingency plan to the Zoning Administrator addressing situations where an animal is not claimed by its owner. Commissioners did not raise concerns but viewed this as a standa rd operational safeguard. Condition 6: Compliance With Codes, Testimony, and Acoustical Improvements The applicant shall construct and operate the facility in substantial compliance with all applicable code requirements, representations made to the Land U se Commission, and all recommended improvements contained in the acoustical report. Commissioners specifically discussed and agreed that the sound mitigation measures should be explicitly included as a condition. Staff confirmed the applicant indicated willingness to comply. Page 12 of 15 Land Use Commission January 14, 2026 Condition 7: Recording of Ordinance The applicant shall record the ordinance approving the special use with the Cook County Recorder of Deeds. No comments or concerns were raised regarding this condition. Motion: Commissioner Puchtel moved to add an additional condition requiring the applicant to construct all improvements recommended in the acoustical report, including soundproofing measures to protect residential units. The motion was intended to clarify and strengthen the noise mitigation requirements prior to approval of the special use. Seconded: Commissioner Berlin The chair clarified that the motion and second were specifically related to requiring implementation of all improvements recommended in the acoustical consultant’s report. A roll call vote was initiated on the added condition. Item Approved 8-0 Ayes: Chair Lindwall, Commissioner Aravelo, Commissioner Berlin, Commissioner Harris- Ferree, Commissioner Johnson, Commissioner Mangum, Commissioner Minitchev, Commissioner Puchtel Nayes: Absent: Abstained: Chair Lindwall Reviewed the Special use Standards Standards 6-3-5-10 Special Use Standards 1. It is one of the special uses specifically listed in the zoning ordinance; Chair Lindwall: “Both the daycare center, domestic animal, and kennels are special uses within the RP research park district.” 2. It is in keeping with purposes and policies of the adopted comprehensive general plan and the zoning ordinance as amended from time to time; Chair Lindwall: “The proposed special use is compliant with the comprehensive general plan and zoning ordinance. It will fill a vacant space on a street with a mix of uses including residential, offices, retail, restaurant, healthcare, and promotes the goa l of retaining and enhancing diversity of businesses, commercial and industrial areas as desirable locations of economic activity.” 3. 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; Page 13 of 15 Land Use Commission January 14, 2026 Chair Lindwall: “This represents a relocation of an existing facility. It does not add any new similar doggy daycare or kennels to the immediate vicinity.” 4. It does not interfere with or diminish the value of property in the neighborhood; Chair Lindwall: “ Dogtopia currently operates across the street from the proposed site and has not had any issues to staff knowledge. We do not believe there are any negative impacts to property values anticipated with the proposed relocation.” 5. It can be adequately served by public facilities and services; Chair Lindwall: “The proposed site is within an existing building served by public services and facilities and infrastructure.” 6. It does not cause undue traffic congestion; Chair Lindwall: “The proposed special use is not anticipated to increase traffic congestion beyond which is already present within the immediate vicinity. Supervised pickup and drop off and leasing of the additional parking spaces and the proposed changes included in the conditions related to loading should help mitigate the traffic in the area.” 7. It preserves significant historical and architectural resources; Chair Lindwall: “ The building and property where the use will be located is not historically significant. It ’s an attractive building but not historically significant.” 8. It preserves significant natural and environmental features; Chair Lindwall: “The proposed use is going to go into an existing storefront. Therefore this is really not an applicable standard.” 9. 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. Chair Lindwall: “The proposal will comply with all applicable regulations.” Commissioner Puchtel moved to recommend approval of the special use request for 1710 Page 14 of 15 Land Use Commission January 14, 2026 Maple Avenue, Case No. 25-ZM-JV-000051, including all conditions outlined in the packet beginning on page 60, as well as the additional condition adopted by the Commission requiring the applicant to implement all improvements recommended in the acoustical report. (as outlined below). 1. Hours of operation remain 6:30 am – 7:00 pm Monday through Friday and 10:00 am – 5:00 pm on Saturday and Sunday; 2. Employees are not to park on the street during hours of operation; 3. The applicant will continue to work with the City on establishing additional on -street short-term parking and loading spaces in front of the property on Maple Avenue; 4. Prior to issuance of a Certificate of Occupancy, the Applicant shall execute a lease with the City for two additional parking stalls within the City-owned Maple Avenue garage facility. 5. Prior to issuance of a Certificate of Occupancy, the Applicant shall submit to the Zoning Administrator a contingency plan for those times when an owner fails to claim his/her animal(s). 6. Applicant shall incorporate recommendations from the Acoustical Risk Assessment & Noise Control Plan into construction of the space. 7. 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 8. Applicant to record Ordinance approving the Special Use with the Cook County Recorder of Deeds. Motion: Putchel Second: Arevalo For Action Motion Passed 6-2-1 Ayes: Mirintchev, Arevalo, Lindwall, Johnson, Putchel, and Harris-Ferree Nayes: Mangum and Berlin Absent: Mabadi Chair Lindwall stated that, with six votes in favor and two opposed, the motion carries. The positive recommendation will be forwarded to the City Council for consideration. She noted that this concludes the case, and the Commission would then proceed to the next item on the agenda. Page 15 of 15