(808 OAK STREET)
WHEREAS, 808 Oak Street LLC, an Illinois limited liability company (“Applicant”), is the prospective buyer of the parcel of real property commonly known as 808 Oak Street in Winnetka, Illinois, and legally described in Exhibit A attached to and, by this reference, made a part of this Ordinance (
“Subject Property”
); and
WHEREAS, the Subject Property is located within the C-2 General Retail Commercial Zoning District of the Village (
"C-2 District"
) measures approximately 0.14 acres in size, and is currently vacant; and
WHEREAS, the Applicant desires to construct on the Subject Property a new, four-story multi-family building, which building is proposed to include: (i) ground-floor parking; and (ii) three single-level, three-bedroom residential units on the second, third and fourth floor of the proposed building (collectively, the “Proposed Improvements”
); and
WHEREAS, pursuant to Section 17.46.110.G of the Zoning Ordinance, a parking lot at street level is not permitted within the C-2 District without a special use permit; and
WHEREAS,
pursuant to Section 17.46.030 of the Zoning Ordinance, the Subject Property front yard setback shall be no more than three feet; and
WHEREAS,
to permit construction of the Proposed Improvements, the Applicant filed an application for: (i) a special use permit pursuant to Section 17.46.010 and Chapter 17.56 of the Zoning Ordinance to allow construction of a residential building in the C-2 District, on the ground floor and less than 50 feet from the front street line; (ii) a special use permit pursuant to Sections 17.46.110.G and Chapter 17.56 of the Zoning Ordinance to allow the construction and operation of a street-level parking lot within the C-2 District (collectively, the “Special Use Permits”
); (iii) a variation from Section 17.46.030 of the Zoning Ordinance to permit a front yard setback of 30.33 feet (
“Variation”
); and (iv) a certificate of appropriateness pursuant to Section 15.40.010 of the Village Code (
“Certificate of Appropriateness”
) (collectively, the “Requested Relief”
); and
WHEREAS, on September 21 and October 16, 2023, after due notice thereof, the Winnetka Design Review Board (
“Design Review Board”
) conducted public hearings to consider the Certificate of Appropriateness for the Proposed Improvements; and
WHEREAS, on October 16, 2023, the Design Review Board, by a vote of four in favor and zero opposed, recommended the Village Council approve the Certificate of Appropriateness; and
WHEREAS,
on November 13, 2023, after due notice thereof, the Zoning Board of Appeals conducted a public hearing on the proposed Special Use Permits and Variation and, by a vote of six in favor and zero opposed, recommended that the Village Council approve the Special Use Permits and Variation; and
WHEREAS, on November 29, 2023, after due notice thereof, the Plan Commission conducted a public hearing on the proposed Special Use Permits, and, by a vote of three in favor and one opposed, recommended that the Village Council approve the Special Use Permits; and
WHEREAS, the Village Council has determined that: (i) the Variation is in harmony with the general purpose and intent of the Zoning Ordinance and is in accordance with general or specific rules set forth in Chapter 17.60 of the Zoning Ordinance; and (ii) there are practical difficulties or particular hardships in the way of carrying out the strict letter of the provisions or regulations of the Zoning Ordinance from which the Variation has been sought; and
WHEREAS,
the Village Council has determined that approval of the proposed Special Use Permits satisfies the standards for the approval of special use permits within the C-2 District set forth in Chapter 17.56 of the Zoning Ordinance; and
WHEREAS, the Village Council has determined that approval of the Requested Relief for the construction and operation of the Proposed Improvements on the Subject Property within the C-2 District 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: RECITALS.
The foregoing recitals are hereby incorporated into this section as the findings of the Village Council, as if fully set forth herein.
SECTION 2: APPROVAL OF SPECIAL USE PERMITS.
Subject to, and contingent upon, the terms and conditions set forth in Section 5 of this Ordinance, the Special Use Permits are hereby granted, (i) pursuant to Section 17.46.010 and Chapter 17.56 of the Zoning Ordinance, and the home rule powers of the Village, to allow construction of a residential building in the C-2 District, on the ground floor and less than 50 feet from the front street line and (ii) pursuant to Chapter 17.56 and Section 17.46.110.G of the Zoning Ordinance and the home rule powers of the Village, to allow the construction and operation of a street-level parking lot by Applicant on the Subject Property within the C-2 District.
SECTION 3: APPROVAL OF VARIATION.
Subject to, and contingent upon, the terms and conditions set forth in Section 5 of this Ordinance, the Variation from Section 17.46.030 of the Zoning Ordinance to allow the construction of the Proposed Improvements on the Subject Property are hereby granted, in accordance with and pursuant to Chapter 17.60 of the Zoning Ordinance and the home rule powers of the Village.
SECTION 4: APPROVAL OF CERTIFICATE OF APPROPRIATENESS. Subject
to, and contingent upon, the terms and conditions set forth in Section 5 of this Ordinance, the Certificate of Appropriateness is granted for the Subject Property, pursuant to Section 15.40.010 of the Village Code and the home rule powers of the Village.
SECTION 5: CONDITIONS.
The approvals granted by Sections 2, 3, and 4 of this Ordinance are subject to, and contingent upon, compliance by the Applicant with the following conditions:
A. Commencement of Construction. The Applicant must commence the construction of the Proposed Improvements no later than 12 months after the effective date of this Ordinance.
B. Compliance with Regulations. Except to the extent specifically provided otherwise in this Ordinance, the development, use, and maintenance of the Proposed Improvements and 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.
C. 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, 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.
D. Compliance with Plans. The development, use, and maintenance of the Proposed Improvements on the Subject Property must be in strict accordance with the following documents and plans, except for minor changes and site work approved by the Director of Community Development or the Director of Engineering (within their respective permitting authority) in accordance with all applicable Village codes, ordinances, and standards:
1. The Proposed Site Plan prepared by Konstant Architecture & Planning, consisting of one sheet, and with a latest revision date of September 15, 2023, attached to and, by this reference made a part of this Ordinance as Exhibit B;
2. The Proposed Floor Plans prepared by Konstant Architecture & Planning, consisting of five sheets, and with a latest revision date of September 15, 2023, attached to and, by this reference made a part of this Ordinance as Exhibit C; and
3. The Proposed Elevations prepared by Konstant Architecture & Planning, consisting of four sheets, and with a latest revision date of September 15, 2023, attached to and, by this reference made a part of this Ordinance as Exhibit D.
SECTION 6
: RECORDATION; BINDING EFFECT.
A copy of this Ordinance will be recorded with the Cook County Clerk Recording Division. This Ordinance and the privileges, obligations, and provisions contained herein inure solely to the benefit of, and are binding upon, the Applicant and each of its heirs, representatives, successors, and assigns.
SECTION 7: FAILURE TO COMPLY.
Upon the failure or refusal of the Applicant 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 approvals granted in Sections 2, 3, and 4 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 approvals granted in Sections 2, 3, and 4 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, from time to time, be amended. 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 8: AMENDMENTS.
Any amendment to this Ordinance may be granted only pursuant to the procedures, and subject to the standards and limitations, provided in the Zoning Ordinance for amending or granting variations.
SECTION 9: SEVERABILITY.
If any provision of this Ordinance or part thereof is held invalid by a court of competent jurisdiction, the remaining provisions of this Ordinance shall remain in full force and effect, and shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent of this Ordinance to the greatest extent permitted by applicable law.
SECTION 10: EFFECTIVE DATE.
events:
A. This Ordinance will be effective only upon the occurrence of all of the following
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 with the Village Clerk of an Unconditional Agreement and Consent in the form of Exhibit E 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; and
B. In the event that the Applicant does not file with the Village Clerk a fully executed copy of the unconditional agreement and consent described in Section 10.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.
C. The approvals granted in Section 2, 3, and 4 of this Ordinance shall not take effect until the Applicant provides the Village Community Development Director of evidence, in the form of a written title report issued by an Illinois title insurance company, that fee simple title to all of the Subject Property has been conveyed by the Owner to the Applicant.
[SIGNATURE PAGE FOLLOWS]
PASSED this 19 day of December, 2024, pursuant to the following roll call vote:
AYES: Trustees Albinson, Apatoff, Dearborn, Handler, and Orsic_____
NAYS:
ABSENT: Trustee Dalman________________
APPROVED this 9 day of January, 2024.
Signed:
s/Chris Rintz
Village President
Countersigned:
s/Robert M. Bahan
Village Clerk
Introduced: December 19, 2023
Passed and Approved: January 9, 2024
Published by authority of the President and Board of Trustees of the Village of Winnetka, Illinois, this
10 day of January, 2024