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HomeMy WebLinkAboutOrd 2249 09/15/1970 ~, ~ ..~ ~ OFDINANCE NO. 2249 AN ORDINANCE GRANTING A SIDE YARD VARIATION FOR PROPERTY LOCATED AT THE CORNER OF BUSSE AVENUE AND NORTHirJEST HIGffitJAY, fv'DUNI' PROSPECT, ILLINOIS WHEREAS, the Board of Appeals of the Village of Mount Prospect did rreet on the 23rd day of July, 1970, at the hour of 8:00p.m. at the Village Hall of Mount Prospect and did hear Case No. 70-18A pursuant to legal notice published in the Mount Prospect Herald on July 18, 1970; and liJHEREAS, the Board of Appeals of the Village of Mount Prospect did hear a petition requesting a variation of the side yard requirements of the Mount Prospect Zoning Ordinance so that the petitioner might retain its present building at its present location rather than re- move same to a point either on the lot line or three (3) feet there':::' from; and WHEREAS, the Board of Appeals of the Village of Mount Prospect has recommended to the President and Board of Trustees the granting of the variation requested under Case No. 70-18A for reasons that: (1) There is a practical difficulty and particular hardship on the petitioner; (2) The purpose of the variation is not based exclusively on a desire to make money; (3) The plight of the owner is due to unique circumstances in that the building is so located haviIig" been con- structed through an oversight upon the part of both the petitioner herein and the Village Administration; ( 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 Building Committee of the Board of Trustees of the Village of Mount Prospect did rreet on August 26, 1970, and considered Case No. 70-18A and has recomrrended that the President and Board of Trustees concur with the recomrrendation of the Board of Appeals to grant this variation; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have reviewed the matter herein and have determined that the sane is for the best interests of the Village of l\~ount Prosp~ct; ~. ~. ~ /~, ORDINANCE NO. 2249 (Continued) NOW, THEREFDRE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF rilOUNT PROSPECT, COOlS. COUNTY, ILLINOIS: SECTION ONE: That the property being the subj ect matter of Case No. 70-1~A, being legally described as follows: Lots 4 and 5 in John Meyn' s subdivision of part of block 16 of Mount Prospect in the west 1/2 of Section 12, Tovmship 41 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois; is currently zoned under the Zoning Ordinance of the Village of Mount Prospect as B-3 (Business - Retail and Service), which zoning classifi- cation shall remain subject to the variation granted herein; (a) That the side yard abutting the easterly lot line of the subj ect property shall be .97 feet more or less. SECTION ~IO: That all requirements of the Mount Prospect Building and Zoning Code shall be applicable ~xcept the variation noted in Section One heretofore rrentioned. SECTION THREE: That the variation granted by this Ordinance shall be null and void and of no force and effect whatsoever unless the owners of the subject property will close off the .97 feet more or less space, if at some future time a building is erected east of the subj ect property but adj acent to and irrmediately upon the lot line thereof. 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 15th day of September, 1970. ~~~ Village President ATTEST : JJt(~ Village Clerk