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HomeMy WebLinkAboutOrd 2340 03/07/1972 c-".._"",,~~ ..' ORDINANCE NO. 2340 AN ORDINANCE GRANTING A VARIArrON FOR PROPERTY LOCATED AT 930 E. NORTHWEST HIGHWAY, MOUNT l'ROSPECT, ILLINOIS . , I WHEREAS, the Board of Appeals of the Village of Mount Prospect did meet on the 23rd day of September, 1971, at the hour of 8:00 p.m. in the V~llage Hall of Mount Prospect and did hear Case No. 7l-3lA, pursuant to legal notice published in the Mount Prospect Herald an September 8, 1971; and WHEREAS, the Boa~d of Appeals of the Village of Mount Prospect did hear a petition requesting a variation from the requirements of the Mount Prospect Zoning Ordinance in order to operate a retail sales store with less available parking spaces than those required under the said ordi- :qance; and WHEREAS? the Board of Appeal$ of the Village of Mount Prospect has recommended to the President and Board of Trustees the granting of the parking variation requested under Case No. 7l-3lA far reasons that: 1. There is a practical difficulty and particular hardship on the petitioner in that this parcel has been utilized for retail ~ales in the past and is zoned B-3, which zoning district allQws such retail sales but requires one (1) park~ng space for every 300 square feet of gross floor area of such building; 2. The purpose of the variation is not pased exclusively on a desire to make money; 3. The plight of the owner is due to unique circumstances in that the land is so 10yated that additional parking is not available, since contiguous land has been im- proved with office buildings, railroad tracks, and re- tail stores; 4. The alleged difficulty or hardship has not been created by any person presently having an interest in the property; S. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or sub- stantially diminish or impair property values within the nei&hborhood; and 6. The grantiAg of the variation will not be detrimental to the. public or injurious to surrounding property in that it will not alter the essential character of the locality; and WHEREAS, the Building Committee of the Board of Trustees of the Village of Mount Prospect h~ve reviewed Case No. 71-3lA and have concurred with recommendations of the Board of Appeals to grant this variation; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospe~t have determined that the m~tters herein are far the best inter- ests of the Village of Mount Prospect; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PRqSPECT, COOK COUNTY, ILLINOIS: "-'-""""'''''''''' ,~ _,b SECTION ONE: That the property being the subject matter of Case No. 7l-3lA, being legally described as follows: Lot Twenty-Five (25) and that part of Lot Twenty-Four (24) lying Easterly of a line drawn from a point in the Southerly line 4 1/2 inches Easterly of the South- west corner of said Lot to a point in the Northerly line 3 1/2 inches Easterly of the Northwest corner of said Lot Twenty-Four (24) in Maplewood Heights, being a Subdivision of the East,15.00 chains of that part lying North of Railroad of Southeast Quarter (1/4) of Section 12 (except the Southerly 66 feet for road) also of Block Twenty-Six (26) in Busse's Eastern Addi- tion to Mount Prospect in the East Half (1/2) of Section 12, Township 41 North, Range 11; East of the Third Principal Meridian; is currently zoned under the Zoning Ordinance of the Village of Mount Prospect as B-3 (Business - Retail and Service District), which zoning classification shall remain subject to the following variation hereby granted: That the five (5) parking spaces presently provided upon the subject property shall be sufficient to serve the existing building located thereon. SECTION TWO: That the variations granted were given the petitioner herein in view of the fact that: 1. The petitioner has agreed to waive any rights of objection of our records he may have against a special assessment for the improvement of the alley- way immediately adjacent to and to the rear of the property being the subject matter of Case No. 7l-3lA; and 2. The petitioner herein has agreed to contribute to the Village 75% of the cost of the installation of a sixteen (16) foot paved alleyway along the entire frontage of the property that is the subject matter of Case No. 7l-3lA (described in SECTION ONE above) which frontage and property lies immediately adja- cent to the alley proposed to be constructed and installed. SECTION THREE: That all requirements of the Mount Prospect Building and Zoning Code shall be applicable except the variation noted in SECTION ONE heretofore mentioned. SECTION FOUR: That this Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. AYES: 6 NAYS: 0 PASSED AND APPROVED this 7 day of March , 1972. ATTEST: ~~~p Village pre~~ent / L, ^ v'/ 1,/19 , I ,'>V', ?l' ~. J ' Agreed to, by: /~;!<~ { ?!_~,LC'l"i)l For 9 30 Real ty Company,./ ,I /7/ /' l " ''rJ '; ,'./. '.".p,- "' '~....' ('