HomeMy WebLinkAboutOrd 2206 01/06/1970
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ORDINANCE NO. 2206
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AN ORDINANCE GRANTING A SIDE YARD REQUIREMENT VARIATION FOR PROPERTY
LOCATED AT 701 S. OWEN STREET. MOUNT PROSPECT. ILLINOIS
WHEREAS, the Board of AP2eals of the Village of f.f[ount Prospect did meet on
the 17th day of JUly, 1969 at the hour of 8:00 P.M. at the Village 11all of
Mount Prospect and did hear Case No. 69-35A pursuant to legal notice
published in the Prospect Day on June 30, 1969; and
vJHEREAS, the Board of Appeals of the Village of Mount Prospect did hear a
petition requesting a variation of the side yard requirement in order that
the petitioner may expand his residence to the north property line of the lot
legally described herein; and
WHEREAS, the Building Committee of the Board of Trustees of the Village of
Mount Prospect did rreet on L.ecember II, 1969 and considered Case No. 69- 35A
and recomnended to the President and Board of Trustees that the variation
requested under Case No. 69-35A be granted for reasons that:
(1) There is a practical hardship on the petitioner;
(2) The purpose of the variation is not based exclusively upon a
desire to make money;
(3) The plight of the owner is due to unique circumstances in
that the property is located adj acent to a twenty (20) foot
easerrent for public walkway and utili ties; and
(4) The granting 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 President and Board of Trustees of the Village of Mount Prospect
have -reviewed the matter herein and have determined that the same is for the
best interests of the Village of Mount Prospect;
NON, 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. 69-35A
being legally described as follows:
Lot 62 in Ellendale East, being a subdivision
of the South 30 acres of the West 40 acres of
the S.E. 1/2 of Section 12, Township 41 North,
Range 11 East of the 3rd Principal flJeridian, in
Cook County, Illinois
is currently zoned under the Zoning Ordinance of the Village of Mount Prospec
as R-l (Single Family Residence) which zoning classification shall remain
subject to the variation granted herein:
(a) That the side yard abutting the said twenty foot (20 ft.)
easement may be eliminated with the exception that eaves,
gutters, and downspouts shall not extend beyond the lot
line.
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SECTION TWO: That all requirements of the Mount Prospect Building and
Zoning Code shall be applicable except the variation noted in Section One
heretofore mentioned.
OFFICE OF THE CLERK
MUNICIPAL BUILDING
MOUNT PROSPECT, ILL.
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SECTION THREE: That the Director of Building and Zoning of the Village
or Mount Prospect is hereby authorized to issue a building permit for
construction in accordance with the variation hereinbefore rr.entioned.
SECTION FOUR: That the variation granted by this Ordinance 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
conn.enced within one year of the date said Ordinance becomes effective.
SECTION FIVE: That this Ordinance shall be in full force and effect from
and after its passage, approval and publication in the manner provided by
law, as well as the execution and recording of the "Hold Harmless" Agreement
attached hereto and made a part hereof as Exhibit "A".
AYES: 4
NAYS: 2
PASSED AND APPROVED THIS 6th DAY OF JANUARY, 1970
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DonJd W. Goodman, Village Clerk
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AGREEMENT
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Tnis Agreement, made and entered into this b day Of'::J!1rJuA-R-Y,
1970, by and between the VILLAGE OF MOUNT PROSPECT, a municipal corporation
of the State of Illinois, hereinafter referred to as the VILLAGE, and
HONARD BEHRENS and JAYNE BEHRENS, owners of property known as 701 South
(Men Street, Mount Prospect, Illinois, legally described as follows:
Lot 62 in Ellendale East, being a subdivision
of the South 30 acres of the West 40 acres
of the S.E. 1/2 of Section 12, Township 41
North, Range 11 East of the 3rd Principal
Meridian, in Cook County, Illinois.
hereinafter referred to as the PETITIONERS, upon the nutual covenants and
considerations expressed hereto:
WITNESSETH:
1. Being aware that the PETITIONERS' Lot No. 62, legally described
above, exists irrnediately to the south of and contiguous to a 20 ft. wide
easement for a pedestrian walk and public utilities, and that the ordinances
of the Village of Mount Prospect require a 7.9 ft. building setback from
the PETITIONERS side lot line abutting the said easerrent, the VIlLAGE
agrees to allow the PETITIONERS the use of the entire side yard thereby
waiving the said 7.9 ft. setback requirement for the purpose of the
PETITIONERS locating an extension of their existing home thereon; and to
pass the necessary ordinance required for the erection of such an extension.
2. The PETITIONERS agree to indemnify and do hereby at all times save 1'"
the said VILLAGE free, clear and harmless from all loss, cost, and expense
ing from or which may result from damage to structures hereafter erected
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of and from all claims, demands, and actions and courses of action result-
or extended upon the above legally described property resulting from the
use by the said VILLAGE, its agents and/or representatives, of the said
20 ft. easement abutting the aforementioned side lot line.
3. The PETITIONERS and the VILLAGE agree that this agreement is
binding not only on the parties hereto but also their heirs, legatees,
devisees, transferees, grantees, and successors of interest, and that
EXHIBIT "A"
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the Satre shall be recorded at the expense of the PErITIONERS and shall
hereafter run with the land.
IN WITNESS vJHEREOF:
VIlLAGE OF MOUNT PROSPECT
By:
ATrEST:
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Howard Behrens
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MAIL
Village President
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illage Clerk
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211.29921
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