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HomeMy WebLinkAboutOrd 6248 05/17/2016 Granting Conditional Use to Operate a Drive Through EstablishmentORDINANCE NO. 6248 AN ORDINANCE GRANTING A CONDITIONAL USE TO OPERATE A DRIVE-THROUGH ESTABLISHMENT, VARIATIONS TO ALLOW NO PARKING LOT SETBACK ALONG THE WEST LOT LINE AND A ONE FOOT SETBACK ALONG THE SOUTH LOT LINE FOR PROPERTY LOCATED AT 195 WEST RAND ROAD MOUNT PROSPECT ILLINOIS WHEREAS, Cornersite, LLC ("Petitioner'), has filed a petition for a Conditional Use to operate a drive- through establishment, and Variations (Setbacks) for property located at 195 West Rand Road ("Property') and legally described as; THAT PART OF LOT A IN BARTMANN 199 RAND SUBDIVISION, A SUBDIVISION OF PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT A; THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT A, 254.35 FEET TO AN ANGLE POINT OF SAID LOT A AND THE POINT OF BEGINNING; THENCE EASTERLY, ALONG THE PERIMETER OF SAID LOT A 182.71 FEET RECORDED (182.85 FEET MEASURED) TO THE EASTERLY MOST CORNER THEREOF; THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF SAID LOT A, 157.25 FEET; THENCE SOUTHWESTERLY, ALONG A LINE FORMING AN ANGLE TO THE RIGHT OF 81 DEGREES WITH THE LAST DESCRIBED COURSE, 121.43 FEET TO THE INTERSECTION WITH THE PROLONGATION OF THE EAST LINE OF SAID LOT A; THENCE SOUTHERLY ALONG THE PROLONGATION OF THE EAST LINE OF SAID LOT A, 11.64 FEET TO THE POINT OF BEGINNING. KNOWN AS: 195 W. RAND ROAD, MT. PROSPECT, ILLINOIS 60056 PIN: 03-27-301-024-0000 WHEREAS, the Petitioner seeks 1) Conditional Use Permit to operate a drive-through establishment, 2) Variation to allow no parking lot setback along the west property line as shown on the site plan dated, March 16, 2016 a copy of which is attached as Exhibit "A", and 3) Variation to allow a one foot (1') setback along the south lot line for the dumpster and drive-through lane as shown on Exhibit "A"; and WHEREAS, a Public Hearing was held on the request for Conditional Use Permit and Variations designated as PZ -07-16, before the Planning and Zoning Commission of the Village of Mount Prospect on the 28th of April, 2016, pursuant to due and proper notice thereof having been published in the Daily Herald Newspaper on the 13th day of April, 2016; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the Mayor and Board of Trustees in support of the request being the subject of PZ -07-16; and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the same meets the standards of the Village and that the granting of the proposed Conditional Use permit and Variations would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth hereinabove are incorporated herein as findings of fact by the Mayor and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The Mayor and Board of Trustees of the Village of Mount Prospect grant 1) Conditional Use Permit to operate a drive-through establishment, 2) Variation to allow no parking lot setback along the west property line as shown on the site plan, dated March 16, 2016 a copy of which is attached as Exhibit "A", and 3) Variation to allow a one foot (1') setback along the south lot line for the dumpster and drive-through lane as shown on Exhibit "A" subject to the following conditions: 1. Development of the site in general conformance with the site plan prepared by Ward Malcolm dated March 16, 2016. 2. Development of the building in general conformance with the elevation plans prepared by Ward Malcolm dated March 16, 2016. 3. Submittal of a landscape and photometric plan that complies with Village Code requirements. 4. Compliance with all Development Sign, Fire, Building and other Village codes and regulations. SECTION FOUR: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance and Exhibit "A" with the Recorder of Deeds of Cook County. SECTION FIVE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in in the manner provided by law. AYES: Hoefert, Matuszak, Polit, Rogers, Saccotelli, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 17 th day of May, 2016. Arlene A. Juracek Mayor ATTEST: M. 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