ORDINANCE NO. M-7-2021
 
AN ORDINANCE GRANTING AN AMENDMENT TO A SPECIAL USE PERMIT TO ALLOW THE EXPANDED OPERATION OF A BARBER SHOP WITHIN THE C-2 COMMERCIAL OVERLAY DISTRICT OF THE VILLAGE
(1081 Gage Street)
 
   WHEREAS, Danuta Harrison, d/b/a North Shore Barber, ( "Applicant" ), is the lessee of the property commonly known as 1081 Gage Street, Winnetka, Illinois, and legally described in Exhibit A attached to and, by this reference, made a part of this Ordinance ( “Subject Property” ); and
   WHEREAS, Chicago Land Trust Company, as Trustee under Trust Agreement dated December 7, 1979 and known as Trust No. 4020, d/b/a Parliament Enterprises, Ltd. ( “Owner” ) is the record title owner of the Subject Property; and
   WHEREAS, the Subject Property is located within the C-2 General Retail Commercial District and the C-2 Commercial Overlay District of the Village (collectively, "C-2 Commercial Overlay District" ); and
   WHEREAS, the Applicant operates a barber shop within the premises at 1083 Gage Street, immediately adjacent to Subject Property, as authorized by the special use permit approved by the Village Council pursuant to Ordinance No. M-15-2019 (“ Special Use Permit ”); and
   WHEREAS, the Applicant desires to amend the Special Use Permit to expand the operations of the barber shop into the Subject Property; and
   WHEREAS, pursuant to Section 7 of Ordinance No. M-15-2019, any amendment to the Special Use Permit may be granted only pursuant to the procedures, and subject to the standards and limitations, provided in the Village’s Zoning Ordinance (“ Zoning Ordinance ”); and
   WHEREAS, on December 15, 2020, the Applicant filed an application to amend the Special Use Permit pursuant to Section 17.44.020.B and Chapter 17.56 of the Zoning Ordinance to allow the expansion of the barber shop to include the Subject Property ("Special Use Permit Amendment"); and
   WHEREAS, the Owner of the Subject Property has consented to the application for the Special Use Permit Amendment filed by the Applicant; and
   WHEREAS, on February 24, 2021, after due notice thereof, the Plan Commission conducted a public hearing on the proposed Special Use Permit Amendment and, by a vote of seven (7) in favor and none (0) opposed, recommended that the Village Council approve the Special Use Permit Amendment; and
   WHEREAS, the Village Council has determined that approval of the proposed Special Use Permit Amendment for the expansion of the operation of the barber shop into the Subject Property satisfies the standards for the approval of special use permits within the C-2 Commercial Overlay District set forth in Chapter 17.56 and Section 17.44.020.B of the Zoning Ordinance and is in the best interest of the Village and its residents;
   NOW, THEREFORE, the Council of the Village of Winnetka do ordain as follows:
   SECTION 1:   RECITALSThe foregoing recitals are hereby incorporated into this Section 1 as the findings of the Council of the Village of Winnetka, as if fully set forth herein.
   SECTION 2:   SPECIAL USE PERMIT AMENDMENT.  Subject to, and contingent upon, the terms and conditions set forth in Section 3 of this Ordinance, the Amended Special Use Permit is hereby granted, pursuant to Chapter 17.56 and Section 17.44.020.B of the Zoning Ordinance and the home rule powers of the Village, to allow the expanded operation of the barber shop by the Applicant at the Subject Property within the C-2 Commercial Overlay District. 
   SECTION 3:   CONDITIONS.  The Special Use Permit granted by Section 2 of this Ordinance is subject to, and contingent upon, compliance by the Applicant with the following conditions: 
   A.   Compliance with Regulations.  The development, use, and maintenance of the Subject Property must comply at all times with all applicable Village codes and ordinances, as they have been or may be amended over time.
   B.   Reimbursement of Village Costs.  In addition to any other costs, payments, fees, charges, contributions, or dedications required under applicable Village codes, ordinances, resolutions, rules, or regulations, the Applicant must pay to the Village, promptly upon presentation of a written demand or demands therefor, of all fees, costs, and expenses incurred or accrued in connection with the review, negotiation, preparation, consideration, and review of this Ordinance.  Payment of all such fees, costs, and expenses for which demand has been made shall be made by a certified or cashier's check.  Further, the Applicant must pay upon demand all costs incurred by the Village for publications and recordings required in connection with the aforesaid matters.
   C.   Compliance with Plans.  The development, use, and maintenance of the barber shop at the Subject Property must be in general accordance with the Amended Floor Plan submitted by the Applicant, consisting of one sheet, with a latest revision date of March 16, 2020, a copy of which is attached to and, by this reference, made a part of this Ordinance as Exhibit B (“Amended Floor Plan”), except for minor changes and site work approved by the Director of Community Development (within the Director’s permitting authority) in accordance with all applicable Village codes, ordinances, and standards.
   D.   Continued Effect of Special Use Permit. The Special Use Permit, as amended by this Special Use Permit Amendment, remains in full force and effect; provided, however, that in the event of any conflict between the Amended Floor Plan and the Floor Plan approved in the Special Use Permit concerning the operation of the barber shop at the Subject Property, the provisions of the Amended Floor Plan will control.
   SECTION 4:   RECORDATION; BINDING EFFECT.  A copy of this Ordinance shall be recorded with the Cook County Recorder of Deeds.  This Ordinance and the privileges, obligations, and provisions contained herein inure solely to the benefit of, and are binding upon, the Applicant, the Owner, and each of their heirs, representatives, successors, and assigns.
   SECTION 5:   FAILURE TO COMPLY.  Upon the failure or refusal of the Applicant or the Owner to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, in addition to all other remedies available to the Village, the Special Use Permit Amendment  granted in Section 2 of this Ordinance will, at the sole discretion of the Village Council, by ordinance duly adopted, be revoked and become null and void; provided, however, that the Village Council may not so revoke the Special Use Permit Amendment granted in Section 2 of this Ordinance unless it first provides the Applicant with two months advance written notice of the reasons for revocation and an opportunity to be heard at a regular meeting of the Village Council.  In the event of revocation, the development and use of the Subject Property will be governed solely by the regulations of the applicable zoning district and the applicable provisions of the Zoning Ordinance, as the same may be amended from time to time.  Further, in the event of such revocation, the Village Manager and Village Attorney are hereby authorized and directed to bring such zoning enforcement action as may be appropriate under the circumstances.
   SECTION 6:   AMENDMENT OF SPECIAL USE PERMITAny amendments to the Special Use Permit Amendment granted in Section 2 of this Ordinance that may be requested by the Applicant after the effective date of this Ordinance may be granted only pursuant to the procedures, and subject to the standards and limitations, provided in the Zoning Ordinance.
   SECTION 7:   EFFECTIVE DATE.
   A.   This Ordinance will be effective only upon the occurrence of all of the following events:
      1.   Passage by the Village Council in the manner required by law;
      2.   Publication in pamphlet form in the manner required by law; and
      3.   The filing by the Applicant and the Owner with the Village Clerk of an Unconditional Agreement and Consent in the form of Exhibit C attached to and, by this reference, made a part of this Ordinance, to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance and to indemnify the Village for any claims that may arise in connection with the approval of this Ordinance.
   B.   In the event that the Applicant and Owner do not file with the Village Clerk a fully executed copy of the unconditional agreement and consent described in Section 7.A.3 of this Ordinance within 60 days after the date of passage of this Ordinance by the Village Council, the Village Council shall have the right, in its sole discretion, to declare this Ordinance null and void and of no force or effect.
PASSED this 16th day of March, 2021 pursuant to the following roll call vote:
AYES:   Trustees Apatoff, Cripe, Dearborn, Lanphier, and Swierk         
NAYS:   None                              
ABSENT:   Trustee Coladarci                           
 
APPROVED this 16th day of March, 2021.
 
   Signed:
   s/Chris Rintz   
   Village President
Countersigned:
 
s/Robert M. Bahan   
Village Clerk
Published by authority of the President and Board of Trustees of the Village of Winnetka, Illinois, this 18th day of March 2021.
Introduced:  Waived
Passed and Approved:  March 16, 2021
EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
 
LOTS 23 AND 24 IN BLOCK 3 IN LAKESIDE JARED GAGES SUBDIVISION (EXCEPTING THAT PART OF LOT 23 DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF LOT 23 AND RUNNING THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT, 6.78 FEET; THENCE SOUTHERLY IN A STRAIGHT LINE 36.33 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT, 35.69 FEET SOUTHEASTERLY OF THE MOST WESTERLY CORNER THEREOF; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT, 35.69 FEET TO THE POINT OF BEGINNING), ALSO THAT PART OF LOT 20 LYING EASTERLY OF THE EASTERLY LINE OF THE 16 FOOT ALLEY RUNNING NORTHERLY AND SOUTHERLY ACROSS THE EASTERLY PORTION OF SAID LOT 20 IN BLOCK 3 OF LAKESIDE JARED GAGES SUBDIVISION OF PART OF THE NORTHEAST 1/4 OF FRACTIONAL SECTION 17 AND PART OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF FRACTIONAL SECTION 8, ALL IN TOWNSHIP 42 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID LOT 20, 3.00 FEET SOUTHWESTERLY OF THE MOST SOUTHERLY CORNER OF LOT 24; THENCE NORTHWESTERLY PARALLEL WITH THE WESTERLY LINE OF LOT 24, 48.49 FEET; THENCE NORTHERLY IN A STRAIGHT LINE 16.10 FEET, TO A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 20, 35.69 FEET SOUTHERLY OF THE MOST WESTERLY CORNER OF LOT 23; THENCE SOUTHEASTERLY ALONG THE WESTERLY LINE OF LOTS 23 AND 24 TO THE MOST SOUTHERLY CORNER OF LOT 24; THENCE SOUTHWESTERLY 3.00 FEET TO THE PLACE OF BEGINNING, IN THE VILLAGE OF WINNETKA, COOK COUNTY, ILLINOIS.
 
Commonly known as 940 Green Bay Road, Winnetka, Illinois, and which includes a portion referred to as 1083 Gage Street.
 
PIN:  05-17-120-021-0000
EXHIBIT B
AMENDED FLOOR PLAN
 
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
 
TO:  The Village of Winnetka, Illinois ( "Village" ):
 
   WHEREAS, Danuta Harrison, d/b/a North Shore Barber ("Applicant"), operates a barber shop at 1083 Gage Street pursuant to a Special Use Permit approved by the Village Council pursuant to Ordinance M-15-2019 (“Special Use Permit”) and desires to amend the Special Use Permit to expand the operations of the barber shop (“Special Use Permit Amendment”)to include the adjacent property located at 1081 Gage Street in the Village (“Subject Property”); and
   WHEREAS, pursuant to Section 17.44.020 and the table of uses set forth in Section 17.46.010 of Zoning Ordinance ( "Zoning Ordinance" ), the operation of a barber shop is not permitted within the C-2 Commercial Overlay District without a special use permit; and
   WHEREAS, Chicago Land Trust Company, as Trustee under Trust Agreement dated December 7, 1979 and known as Trust No. 4020, d/b/a Parliament Enterprises, Ltd.  ( “Owner” ) is the record title owner of the Subject Property and consents to the operation of a barber shop by the Applicant at the Subject Property; and
   WHEREAS, Ordinance No. M-7-2021, adopted by the Village Council on March 16, 2021( "Ordinance" ), grants the Special Use Permit Amendment to the Applicant for the operation of a barber shop at the Subject Property within the C-2 Commercial Overlay District of the Village; and
   WHEREAS, Section 7 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the Applicant and the Owner have filed, within 60 days following the passage of the Ordinance, their unconditional agreement and consent to accept and abide by each and all of the terms, conditions, and limitations set forth in the Ordinance;
   NOW, THEREFORE, the Applicant and the Owner do hereby agree and covenant as follows:
The Applicant and the Owner do hereby unconditionally agree to accept, consent to, and abide by each and all of the terms, conditions, limitations, restrictions, and provisions of the Ordinance.
The Applicant and the Owner acknowledge that public notices and hearings have been properly given and held with respect to the adoption of the Ordinance, have considered the possibility of the revocation provided for in the Ordinance, and agree not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right.
The Applicant and the Owner acknowledge and agree that the Village is not and will not be, in any way, liable for any damages or injuries that may be sustained as a result of the Village's grant of a special use permit for the Subject Property or its adoption of the Ordinance, and that the Village's approvals do not, and will not, in any way, be deemed to insure the Applicant or the Owner against damage or injury of any kind and at any time.
The Applicant and the Owner do hereby agree to hold harmless and indemnify the Village, the Village's corporate authorities, and all Village elected and appointed officials, officers, employees, agents, representatives, and attorneys, from any and all claims that may, at any time, be asserted against any of such parties in connection with the Village's adoption of the Ordinance granting the special use permit for the Subject Property.
The Applicant and the Owner hereby agree to pay all expenses incurred by the Village in defending itself with regard to any and all of the claims mentioned in this Unconditional Agreement and Consent.  These expenses will include all out-of-pocket expenses, such as attorneys' and experts' fees, and will also include the reasonable value of any services rendered by any employees of the Village.
 
 
Dated:
   , 2021
ATTEST:
DANUTA HARRISON
By:
   
By:    
Its:    
ATTEST:
CHICAGO LAND TRUST COMPANY, AS TRUSTEE UNDER TRUST AGREEMENT DATED DECEMBER 7, 1979 AND KNOWN AS TRUST NO. 4020
By:
   
By:    
Its: