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HomeMy WebLinkAboutOrd 2190 10/07/1969 ORDINANCE NO. 2190 AN ORDINANCE GRAN'l'ING PAHKING VARIATION FOR PROPERrY IDCATED AT 15 ~\1EST PROSPECI' AVENUE. I.vHEREA..'3, the Board of Appeals of the Village of !\'Iount Prospect held a Public Hearing on August 28, 1969 at the hour of 8 :00 P. rlf. in the Mount Prospect Village Hall pursuant to notice published in the E.rospect D~ on August 11, 1969; and ~'lHEREAS, the Board of Appeals of the Village of f'fount Prospect heard testimony presented under Case No. 69-48A pertaining to a request to operate 750 sq. ft. of public seating area for the consumption of food on the premises located at 15 West Prospect Avenue without providing one (1) parking space for each 100 sq. ft. of s~e; and WHEREAS, the Board of Appeals recomnended to the Building COrrJl11ittee of the Board of Trustees of the Village of r'lount Prospect to allow the variation petitioned for because: (1) There is a practical hardship on the petitioner; (2) The purpose of the variation is not based exclusively upon a desire to rnake money - but rather to serve the public; (3) 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 l,<lHEREAS, the Building Comrrittee of the Board of Trustees of the Village of Mount Prospect subsequently met on September 10, 1969 and considered the recomrendation of the Board of Appeals under Case No.69-48A; and v..!HEREAS, the Judiciary Corrrnittee recomnended to the Board of 'l'rustees of the Village of .f\10unt Prospect to allow the variation as presented; and 1..vHEREAS, the President and Poard of Trustees of the Village of !\I!ount . Prospect have reviewed the matter herein and have determined that the sarre is in the best interests of the Village of IVbunt Prospect; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOm-IT PROSPECI', COOK COUNTY, ILLINOIS: SECI'ION ONE: That the property being the sub,ject matter of Case No. 69-48A, being legally described as follows: Lots 38 and 39 in R. H. Berry Co., Colonial Manor, a subdivision of part of the N.E. 1/4 of Section 11 and part of the N. VI. 1/4 of Section 12-41-11 re- recorded June 24, 1952, is currently zoned under the Zoning Ordinance of the Village of flbunt Prospect as B-3 ( Business - Petail and Service), which zoning classi- fication shall remain subject to the following granted variations: (a) That the land described above may include an establishment dispensing food or non-alcoholic beverap;es for consumption on premises and that the total public seating area for ,-.rhich establishment shall be restricted and limited to 750 Sq. Ft. (b) That there need be no increase in the off-street parking area already provided to serve the above-described property notwi thstanding the use of portion of the prernises for the dispensation of food and non-alcoholic beverages. SECI'ION THO: That all of the requirements of the Village Code of Mount Prospect be applicable except those variations set out in Section One above. SECI'ION THFEE: That the Director of Building and Zoning of the Villa~e of Mount Prospect is hereby authorized ?nd directed to issue a building permit in accordance with the variations and limitations hereinbefore mentioned. SEC'l'ION FOUR: rl'hat the variation gr'8nted by this Ordinance shall be null and void and of no force and effect Ttlhatsoever unless an application for a building permit pursuant to such variation is made and construction comrenced within one (1) year of the date said Ordinance becomes effective. SEGrION 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. AYES: 5 NAYS: o PASSED AND APPROVED THIS 1 DAY OF OcrOBER, 1969. ATTEST: =4~~~