HomeMy WebLinkAboutOrdinance 21-O-26, Granting a Special Use for a Performance Entertainment Venue at 1716 Sherman Avenue (1) (1)2/23/2026
21-O -26
AN ORDINANCE
Granting a Special Use Permit for 1716 Sherman Avenue for a
Performance entertainment Venue in the D2 Downtown Retail 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 February 11,
2026, pursuant to proper notice, to consider case no. 25ZMJV-0054, an application filed
by Kurt Schauer, Night Owl Productions LLC , (the “Applicant”), for the property legally
described in Exhibit A, attached hereto and incorporated herein by reference, commonly
known as 1716 Sherman Avenue (the “Subject Property”) and located in the D2
Downtown District, for a Special Use Permit to establish, pursuant to Subsection 6-11-3-
4 of the Zoning Code, as amended, a Performance Entertainment Venue 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: Performance entertainment venues are allowed as a special use in the
D2 Downtown Retail District.
2.Complies with the purposes and the policies of the Comprehensive General
Plan and the Zoning ordinance as amended from time to time: The proposal
is consistent with the purpose of the D2 District and supports policies and
actions of the comprehensive gener al plan. The proposal will help continue
the revitalization of downtown, activate an empty storefront and will add
people to downtown during the evening and night hours. The proposal also
adds a use downtown that is focused around the performing arts.
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: No other performing arts venues are within the
immediate vicinity of the site. The special use will blend in harmoniously in the
downtown context.
4.Does not interfere with or diminish the value of property in the neighborhood:
The use will not diminis h property values of the neighborhood.
5.Is adequately served by public facilities and services: The City did not
express concerns over adequate service from public facilities and services
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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
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
the proposed use at this location would impact traffic congestion and nearby
parking facilities are available for employees, patrons, and artists. Numerous
public transit options are also available nearby, so this standard is met.
7.Preserves significant historical and architectural resources: The subject
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 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, the Land Use Commission recommended approval with
seven (7) “yay” votes cast in favor of approval, with two commissioner absent, of the
application for a Special Use Permit for a Performance Entertainment Venue for the
Subject Property; and
WHEREAS, at its meeting of February 23, 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-00 54; and
WHEREAS, at its meetings of February 23, 2026, the City Council
considered introduction and adopted the respective records, findings, and
recommendations of the LUC and P&D Committee.
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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 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.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
2.Applicant shall record this Ordinance approving the Special Use with the Cook
County Recorder of Deeds.
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
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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 or provisioninvalideachand invalidor applicationinvalidthe provision,
application of this ordinance is severable.
SECTION 9: The findings and recitals contained herein are declare d to be
of the law of the City and shall be received in evidence asevidencefacieprima
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 B. Ruggie, Corporation Counsel
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February 23
February 23
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EXHIBIT A
LEGAL DESCRIPTION
LOTS 5 AND 6 IN THE NORTHWESTERN UNIVERSITY RESUBDIVISION OF BLOCK
17 IN THE SOUTH EAST ¼ OF THE NORTH WEST ¼ OF SECTION 18, TOWNSHIP
41 NORTH,RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN,IN COOK
COUNTY, ILLINOIS
PIN: 11-18-126-017-8002
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