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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 Page 1 of 4 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. Page 2 of 4 79-O-26 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 Page 3 of 4 79-O-26 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 Page 4 of 4 October 12 October 12