HomeMy WebLinkAboutRes 23-79 07/31/1979
RESOLUTION NO. 23-79
A RESOLUTION CONCERNING 1809 SITKA.. LANE
IvHEREAS, on July 19, 1979, Richard and Charlotte
Kautz, the owners of the property at 1809 Sitka Lane in
Mount Prospect submitted, through their architect, Robert
Psenka, plans for a room addition to the said house; and
WHEREAS, the plans were reviewed by the personnel
of the Building and Zoning Department on July 23 and,'24,
1979i and
WHEREAS, the provisions of the Zoning Ordinance
of the Village of Mount Prospect and In particular Section
14.2602 thereof, do not provide clearly and concisely for
the determination of the yards that will be required abutting
the streets on a corner lot; and
WHEREAS, the Presi.dent and Board of Trustees have found
and determined that Richard and Charlotte Kautz and Robert
Psenka have reasonably and in good faith relied upon a belief
'that Section 14.2602 of the said Zoning Ordinance requires
only a single front yard on a corner lot and that the second
iyard abutting a street need be no deeper than that required
for a side yard; and
WHEREAS, in reliance upon what they understood to
the requirements of the Zoning Ordinance the said Richard
land Charlotte Kautz have entered into a contract and proceeded
iwith construction for a room addition to the said premises at
11809 Sitka Lane and in connection therewith have incurred
tantial expenditures and contractual obligations; and
WHEREAS, the President and Board of Trustees are
iadvised that the Director of Community Development and the
:staff and personnel of the Building and Zoning Department
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interpret Section 14.2602 of the Zoning Ordinance to
require two front yards on a corner lot, each 30 feet
deep; and
WHEREAS, the President and Board of Trustees
are advised that the question of the interpretation of
Section 14.2602 of the Mount Prospect Zoning Ordinance
has been submitted to counsel for the Village, Messrs.
Ross, Hardies, O'Keefe, Babcock & Parsons, for their
opinion as to the proper interpretation of the said
Section and under date of July 30, 1979, the Village's
said counsel have responded thereto with their written
opinion that Section 14.2602 should be interpreted as
requiring only a.single yard meeting the front yard
depth requirements on a corner lot" a copy of which
opinion is attached hereto; and
WHEREAS, the President and Board of Trustees
have reviewed the said opinion and the provisions of
Section 14.2602 of the Mount Prospect Zoning Ordinance
and concur in the view that the said section requires
only a single yard meeting the minimum front yard require-
ments on a corner lot and by reason of such view desire
to authorize the Director of Community Development to
vacate the stop work order heretofore placed on the premises
at 1809 Sitka Lane and permit construction of the said
room addition to proceed providing the plans ~nd
specifications for the said room addition are otherwise
in accordance with the Codes and Ordinances of the Village
of Mount Prospect.
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NOK, THEREFORE, BE IT PESOLVED BY THE PRESIDENT
,AND BOARD OF TRUS'I'EES OF THE VILLAGE OF MOUNT PROSPECT,
COOK COUNTY, ILLINOIS, AS FOLLOWS:
SECTION ONE: The President and Board of Trustees
find as facts the matters hereinabove set forth.
SECTION TWO: The Director of Community Develop-
ment, Kenneth Fritz, be and he is hereby authorized and
directed to vacate the stop work ODder heretofore entered
for the room addition at 1809 Sitka Lane, Mount Prospect,
Illinois, and to permit the construction shown on the
plans and specifications submitted for said premises on
July 19, 1979, to proceed in accordance therewith pro-
viding such plans and specifications are otherwise in
accordance with the Codes and Ordinances of the Village
of Mount Prospect.
SECTION THREE: This Resolution shall be in
full force and effect from and after its passage and
approval in the manner provided by law.
PASSED THIS 31st DAY OF
July
, 1979.
AYES: 6
NAYS: 0
ABSENT: 1
APPROVED THIS 31st DAY OF
July
, 1979.
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Villa President
ATTEST:
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Village Clerk