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Home My WebLink AboutOrd 2320 10/05/1971 " F~JX::E OF' THE CLERK MUIN~C~P~~L 8UlLD~NG UNT p~~O ~W''\l''''lf''"IT IT ~!b& 1J 11 U 1:,;,-.;>.I~t!J ~'-'-~._.J!i! rd l;\j~'~! ~ 21 bb J 5JC7 u.C '~ . --'._ I. ORDINANCE-~N~ Ii' .3 KO AN ORDINANCE AMENDING ORDINANCE NO. 2167 TO GRANT A GREATER FRONT YARD VARIATION AND A LICENSE TO PLACE IMPROVEMENTS OVER PUBLIC PROPERTY WHEREAS, the Board of Appeals of the Village of Mount Prospect did meet at the Village Hall on the 26th day of August, 1971, at the hour of 8;00 p.m. and did hear a petition for front yard variation to permit the exterior remodeling of a front facade to the existing building under Case No. 71-27A, pursuant to proper legal notice published August 4~ 1971; and WHEREAS, the said Board of Appeals did hear the petition to allow change to the front facade to the total 139.05 foot width of an existing building which will be set back from the front lot line at varying dis- tances between one (1) foot two (2) inches and one (1) foot eight and one-half (8 1/2) inches but which will incorporate a mansard roof ex- tending over said facade to a maximum one (1) foot six (6) inches within the Central Road right-of-way; and WHEREAS, the Board of Appeals of the Village of Mount Prospect have recommended to the Board of Trustees of the Village of Mount Prospect that the said Board of Trustees grant the requested variation and license, because: 1. There is a practical hardship upon the owner; 2. The conditions are unlque; 3. The purpose of the variation is not based upon a desire to make money, but to improve the aesthetics of the building and contribute to the beauty of the neighborhood; N i-- 4. The granting of the variation will not be detrimental to the public welfare or injurious to other property; and '0"' a- I- , 5. The variation and license will not impair an adequate supply of light and air to the adj acent properties? . 'to "'_\ /. t' c...n 0, ,~ and WHEREAS, the Building Committee of the Board of Trustees of the Village of Mount Prospect did meet on September 22, 1971, and did consider Case No. 7l-27A; and WHEREAS, the Building Committee of the Board of Trustees of the Village of Mount Prospect have recommended to the President and Board of Trustees that the variation and license requested under Case No. 71-27A be granted; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect do believe that the granting of the variation herein would be in the best interests 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 property being the subject matter of Case No. 7l-27A, being legally described as follows: ",d "The East 250.00 feet of that part of the East half of the Southeast quarter of Section 33, Township 42 North, Rahge ll; East of the Third Principal Meridian, lying South of the right-of-way of the Chicago and North Western Railway, in Cook County, Illinois"; is currently zoned under the Zoning Ordinance of the Villa.ge of Mount Prospect as 1-1 (Light Industrial District), which zoning classification shall remain subject to the variation granted herein: A. That the front yard be reduced to a minimum of one (1) foot two ,(2) inches exclusive of the. projection of eaves extending into such yard. B. That paragraph A of SECTION ONE of Ordinance No. 2167 passed and approved July 1, 1969, be amended in its en- tirety so as to include the entire width of the present building and to reduce the minimum one (1) foot nine (9) inch front yard to the said one (l) foot two (2) inch front yard authorized hereinabove. SECTION TWO: That the petitioner, Milburn Bros. Inc., be given a license to construct a mansard roof upon the said building at 704 W. Central Road which roof may extend no more than one el) foot six (6) inches into and above the Central Road public right-of-way lying immediately adjacent to and in front of that property legally des- cribed in SECTION ONE hereinabove; which construction shall be made in conformity with the drawings and profiles shown on Exhibit A attached hereto and made a part hereof. SECTION THREE: That the petitioner, Milburn Bros. Inc., shall hold harmless the Village of Mount Prospect, its agents, employees, and representatives in the manner set forth in Exhibit B attached hereto and made a part hereof. I""V SECTION FOUR: That the Village Clerk is hereby directed to record a certified copy of this ordinance and its exhibits with the Cook County Recorder of Deeds within ten (lO) days after passage hereof. SECTION FIVE: That all other requirements of the Mount Prospect Building and Zoning Codes shall be applicable except those covered by the variation noted in SECTION ONE and the license noted in SECTION TWO heretofore mentioned. '0"" cr C_rI CJ1 ~ SECTION SIX; That the Director of Building and Zoning of the Village of Mount Prospect is hereby authorized to issue a building permit for the construction of the front facade, mansard roof, and other remodeling of the existing building at 704 W. Central Road in accordance with the variation and license herein granted. SECTION SEVEN: That the variation and license granted by this ordinanc~ shall be null and void and of no force and effect whatsoever unless an application for a building permit pursuant to such variation is made and construction commenced within one (1) year of the date this said ordi- nance becpmes effective. '. SECTION EIGHT: 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: t, p NAYS: .,.~ PASSED AND APPROVED this.r day of JF-"\ I/~l' Clerk ..,...,..,.,....,--_. "K,,,,"*___"___~__'."~"""L',,,"' '''-..'.'' .""' t'~ 7' 0 81 ~ ~ /7'-'1 ~' " ' / " ~,~/!7 c k:;.i> ~ ~ -!f-r- Village Presl ent , 1971. 'J"'V (J' cr 0"1 U1 -J A G R E E MEN T This Agreement made and entered into this ~day of October, 1971, by and between the VILLAGE OF MOUNT PROSPECT, a municipal corporation of the State of Illinois, hereinafter re- ferred to as the "VILLAGE", and MILBURN BROTHERS, INC., a corpora- tion authorized under the Statutes of the State of Illinois, here- inafter referred to as the "PETITIONERS", upon the mutual cove- nants and considerations expressed hereto; WITNESSETH: 1. Being fully aware that the PETITIONERS have no ownership or control over the Central Road right-of-way abutting their property, commonly known as the said 704 W. Central Road, which right-of-way is located south of and parallel to the above- mentioned property legally described as; The East 250.00 feet of that part of the East half of the Southeast quarter of Section 33, Township 42 North, Range ll, East of the Third Principal Meridian, lying South of the right- of-way of the Chicago and North Western Railway, in Cook County, Illinois; the VILLAGE agrees to pass Ordinance No .,!3-/111of which this Agreement is a part" granting the PETITIONERS the license to go f"'0 '0- ,CT" - 1. C..J' (J1 ~1 upon the right-of-way described hereinabove and in the said ordi- nance for the purposes of erecting a mansard roof to extend no more than one (l) foot six (6) inches above and within the said right-of-way. 2. The PETITIONERS agree to indemnify and do hereby at all times save the said VILLAGE free, clear and harmless from all loss, cost, and expense of and from all claims, demands, and actions and causes of action resulting from or which may result from damage to the said roof and/or building hereafter erected EXHIBIT B (\ ""'" ' .. t:,:,'l ~ over or extended upon the above right-of-way resulting. from the - - use of the said right-of-way by the said VILLAGE, its agents and/or representatives; and/or members of the general public. IN WITNESS WHEREOF: VILLAGE By: ATTEST: MILBURN BROTHERS, INC. By: p:~12tJ~ f'\.) 'CT 0- ~"1 (J1 -..I ~; ....'- ;,M e.,.,'<"o- ....~