HomeMy WebLinkAboutOrdinance 79-O-26 Amending Ordinance 35-O-25 Approving Major Variations at 2206 Maple Avenue_1 (1) (1)10/12/2026
79-O-26
AN ORDINANCE
Approving an Amendment to Ordinance 35-O-25 Approving Major
Variations for the Properties Located at 2206 Maple Avenue and
2215-2219 Maple Avenue and 916 ½ Noyes Street in the R5 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 legislation and to promulgate rules and regulations that protect the public
health, safety, and welfare of its residents; 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, in April 2026, the Evanston City Council enacted Ordinance
35-O-25, which granted major variations for the properties located at 2206 Maple
Avenue and 2215-2219 Maple Avenue and 916 ½ Noyes Street in the R5 General
Residential District; and
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79-O-26
WHEREAS, Paul Harb of 2206 Map LLC, (the “Applicant”) requested Major
Variations to allow construction of a five (5) story multi-family residential development with
thirty (30) dwelling units and twenty-nine (29) parking spaces in the R5 General
Residential District, located at the property commonly known as 2206 Maple Avenue
(“Maple Property”); and
WHEREAS, at its meetings on April 14, 2025 and April 28, 2025, held in
compliance with the Open Meetings Act and the Zoning Ordinance, the City Council
considered the recommendations presented and approved Ordinance 35-O-25, granting
the Major Variations requested; and
WHEREAS, the Applicant seeks to amend Ordinance 35-O-25 to reduce
the number of inclusionary housing units from six (6) to five (5), where the five (5) units
still exceed the City’s requirement, to allow twenty-four (24) dwelling units (including five
(5) on-site inclusionary units) and six (6) market rate bonus units for thirty (30) total
dwelling units where a maximum of nineteen (19) dwelling units is allowed by the Zoning
Ordinance; and
WHEREAS, the reduction of inclusionary housing units no longer requires
an additional off-street parking space due to the People Over Parking Act.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The foregoing recitals are hereby found as fact and
incorporated herein by reference.
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SECTION 2: Pursuant to the terms and conditions of this ordinance, the
City Council hereby grants an amendment to Ordinances 35-O-25, and the number of
inclusionary housing units is reduced from six (6) to five (5).
SECTION 3: Except as otherwise provided for in this Ordinance 54-O-26,
all applicable regulations and conditions of Ordinance 35-O-25 shall apply to the
Subject Property and remain in full force and effect with respect to the use and
development of the same.
SECTION 4: When necessary to effectuate the terms, conditions, and
purposes of this ordinance, “Applicant” shall be read as “Applicant and its agents,
assigns, and successors in interest”, and any and all successors, owners, and operators
of the Subject Property.
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: Except as otherwise provided for in this ordinance, all
applicable regulations of the Zoning Ordinance and the entire City Code shall apply to
the Subject Property and remain in full force and effect with respect to the use and
development of the same. To the extent that the terms and provisions of any of said
documents conflict with the terms herein, this ordinance shall govern and control.
SECTION 7: All ordinances or parts of ordinances that are in conflict with
the terms of this ordinance 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
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without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 9: The findings and recitals herein are hereby 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 B. Ruggie, Corporation Counsel
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October 12
October 12