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Home My WebLink AboutOrd 5002 03/16/1999 ORDINANCE NO. 5002 AN ORDINANCE GRANTING EXCEPTIONS FROM THE DEVELOPMENT CODE (CHAPTER 16) FOR PROPERTY GENERALLY LOCATED AT 1901 EAST EUCLID AVENUE Passed and approved by the President and Board of Trustees the 16th day of March, 1999 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 17th day of March, 1999. VVVL/ $/08/99 3/11/99 ORDINANCE NO. 5002 AN ORDINANCE GRANTING EXCEPTIONS FROM THE DEVELOPMENT CODE (CHAPTER 16) FOR PROPERTY GENERALLY LOCATED AT 1901 EAST EUCLID AVENUE WHEREAS, Karel and Savina Zgrabljic (hereinafter referred to as the Petitioners) are the owners of the property generally located at 1901 E. Euclid Avenue (hereinafter referred to as Subject Property) and legally described as follows: Karel's Resubdivision of Lot 13 in Alten's Euclid Avenue Subdivision of Part of Section 25, Township 42 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois and WHEREAS, Petitioners have requested the following modifications from the Development Code: 1. To allow a ten- foot (10') easement along the rear property lines of Lot 1, Lot 2, and Lot 3 rather than the required twenty feet (20'); 2. To allow a minimum lot depth of one-hundred (100') feet for Lot 2 and Lot 3 rather than the required one-hundred twenty (120') feet. WHEREAS, the Plan Commission of the Village of Mount Prospect did consider the request for exceptions from Section 16.403 of Chapter 16 (Development Code) for the Subject Property at their regular meeting on February 17, 1999, said requests being the subject of PC 11-98 and by a unanimous vote recommended to the President and Board of Trustees of the Village to grant the exceptions from Chapter 16 as requested; and WHEREAS, the Plan Commission has forwarded their recommendation being the subject of PC 11-98 to the President and Board of Trustees of the Village of Mount Prospect. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the recitals set forth hereinabove are incorporate herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. age 2 of 2 PC 11-98/Karel SECTION TVVO: That modifications from the Development Code (Chapter 16) are hereby granted to the Subject Property as follows: 1. To allow a ten-foot (10') easement along the rear property lines of Lot 1, Lot 2, and Lot 3 rather than the required twenty-feet (20'); 2. To allow a minimum lot depth of one-hundred feet (100') for Lot 2 and Lot 3 rather than the required one-hundred twenty feet (120'), all as shown on the Site Plan, a copy of which is attached hereto and hereby made a part hereof as Exhibit "A". SECTION THREE: The Petitioners shall enter into a covenant, a copy of which is attached hereto and hereby made a part hereof as Exhibit "B", binding all current and future owners of Lot 1 to pay all costs associated with the installation of a public sidewalk along Euclid Avenue at said time that it is determined necessary by the Village. SECTION FOUR: Except for the modifications granted herein, all other requirements of said Development Code shall apply to the subject property. SECTION FIVE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Clowes, Corcoran, Hoefert, Nocchi, Wilks NAYS: None ABSENT: Lohrstorfer PASSED and APPROVED this 16th day of March ,1999. Village President ATTEST' Velma W. Lowe Village Clerk H:\GEN~flles\WIN~ORDINANC\DEV.CODE.1901 Euclid,Karel,doc 1901 E. Euclid Subject Property Adjacent Properties / EXHIBIT RESTRICTIVE COVENANT BY AND BETWEEN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS AND THE OWNER-DEVELOPER OF CERTAIN PROPERTY WITHIN SAID VILLAGE REGARDING COMPLETION OF REQUIRED PUBLIC IMPROVEMENTS PERTAINING TO THE DEVELOPMENT OF SAID PROPERTY 1901 E. EUCLID AVENUE WHEREAS, pursuant to the provisions of Chapter 16 entitled "Development" of the Village Code of Mount Prospect, Illinois certain public improvements are required to be conslructed and installed by owners and developers of property within the Village, as part of the approval for the development of such property; and WHEREAS, the schedule for accomplishing the construction and installation of such public improvements by the owner-developer of the property under development is often in conflict with other public improvement projects adjacent to or in the vicinity of the property so as to render the accomplishment of such public improvements by the owner-developer to be practically or economically unfeasible until the project can be combined with or scheduled so as to conform with other public improvements affecting the subject property under development; and WHEREAS, such other public improvement projects are administered by the Village, County or State, officials over which the owner-developer has no control, and in some instances those improvements to be accomplished by the owner-developer with respect to the property under development cannot be completed until the other improvements under Village, County or State control have been accomplished; and WHEREAS, under such circumstances, it is deemed to be inequitable to delay development of the property under development or to require the owner-developer to establish a cash escrow, letter of credit or improvement bond for the purpose of gnaranteeing the completion of required public improvements due to the delay caused by the intervening or subsequent accomplishment of other public improvement projects under administration and control of the Village, County or State; and WHEREAS, Chapter 16 of the Village Code of Mount Prospect, Illinois provides that in lieu of a cash escrow, letter of credit or development bond, the owner-developer may execute a restrictive covenant to be recorded and to run with the land as a guarantee that the required public improvements shall be completed with respect to the property under development. WHEREAS, the Village finds that it be in the best interests of the Village to accept a covenant to construct certain portions of the sidewalk in the future. NOW, THEREFORE, in accordance with the provisions of the said Chapter 16 of the Village Code of Mount Prospect, Illinois, the Undersigned, Owner-Developer does hereby covenant with the Village of Mount Prospect, an Illinois municipal corporation, as follows: 1. The Undersigned is the Owner and Developer of the following described property within the Village of Mount Prospect, Illinois, to wit: KAREL'S RESUBDIVISION OF LOT 13 IN ALTEN'S EUCLID AVENUE SUBDIVISION OF PART OF SECTION 25, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. 2. A plan of development of the described property by the Undersigned has been approved by the Village o f Mount Prospect, which approval includes the completion of the following public improvements contained in and provided as a part of the plans, to wit: The payment for 100 feet for the installation of sidewalk along Euclid Avenue, installed and constructed to Village Code. 3. For a period of twenty (20) years commencing from the date of this Restrictive Covenant, the Undersigned shall undertake the above-stated improvements within sixty (60) days after bring advised by the Village of Mount Prospect to commence such construction and installation work. The work shall continue without interruption or delay, until the improvements are completed in a satisfactory manner and in accordance with Village, County, and State plans and specificatidns. 4. This C~vensnt t~ ~~mp~ete pub~ic impr~vements shall run with the subject pr~perty f~r twenty (2~ ) years. Nothing in the Covenant shall in any way prevent the alienation or sale of all or a portion of the subject property, except that the sale shall be subject to the provisions of this Restrictive Covenant and to the plan of development pertaining to the property. The new owner shall be both benefited and bound by the conditions and restrictions herein expressed of this Restrictive Covenant. 5. This Covenant shall be binding upon and shall inure to the benefit of the parties and their successors and assigns in title and interest. The provisions shall be enforceable in a proceeding at law or in equity against the person or persons seeking to violate it including an action for injunctive relief, specific performance or to recover damages or other fines and penalties as may be established in such violation. In the event that the owner-developer of the subject property fails to complete the required improvements or pay a pmpo~ionate share of the required improvements by other contractors within the specified time periods, the value of such improvements shall be entered as a lien aga/nst the prope~y due and payable within sixty (60) days after notification to proceed with the improvements. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ~ ~/ day of OWNER-DEVELOPER OWNER-DEVELOPER ATTEST: ~ ~QILLAGE CLERK Real Estate Index No. -2-