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HomeMy WebLinkAbout05/26/1994 ZBA MinutesZBA CASE NO. ZBA-16-CU-94 PETITIONER: PUBLICATION DATE: MEMBERS PRESENT: V**gzi [*]:.]1] 461 fe]:WA Ii! i C4 ZI 441:4 ;7,11MI Eel: Aearing Date: April 28,,1994 Laurie • April 12,1994 The petitioners are seeking an amendment to Conditional Use Ordinance #4630 as approved on April 5, 1994 to allow an additional 1,200 square feet to be used in the Day Care Center., Gilbert Basnik, Chairman Leo Floros Peter Lannon Elizabeth Luxem Jack Verhasseft • M7 7onald • Chairman Basnik introduced case ZBA-16-CU-94 being a request to amend Conditional Use Ordinance #4630 to allow an additional 1, 200 square feet to be used In the Day Care Center. Ms. Laurie Gashkoff , 320 Crestwood Lane, Mount Prospect,, Illinois, introduced herself to the Zoning Board of Appeals. Ms. Gashkoff stated that she would like to expand the recently approved Day Care Center so that she may accommodate more children. She stated that the response to her survey for a need in Day Care was so great that it would be a good idea to expand her facility. Also, by serving the needs of more children the Day Care Center would be more competitive in rates. Planner, Ray Forsythe then summarized the staff report for the Zoning Board of Appeals. Mr. Forsythe stated that the applicant Is seeking to add an additional 1,200 square feet of space to the recently approved Day Care Center. The total space footage will be approximately 3,600 square feet and would permit up to 30 additional children for a total of 75. Mr. Forsythe further stated that the Conditional Use Permit was approved on April 5, 1994 with the following conditions. 1. A copy of the license issued by the State of Illinois in order to operate a day care center in this location is placed on file with the Director of Planning. 2. The day care center shall be sprinkelered in compliance with the requirements of the Mount Prospect Fire Prevention Bureau. 3. The Conditional Use granted herein shall apply to the area identified as 1630-1632 West Algonquin Road and that an amendment to this Conditional Use shall be required, prior to the expansion of the Day Care Center. 4. Nothing installed around the play area shall deduct from the capacity of the facility. All equipment shall be reviewed and approved by the Director of Inspection Services. 5. The fence installed around the play area shall be constructed with a mazimum of 4" - 6" clearance to allow the free flow of water and should be of material which allows the passage of water. 6. Striping, signs and speed bumps shall be added prior to an occupancy permit. 7. That the service drive connecting the rear of the subject property to the adjacent northern property shall be designated "One -Way" northbound. Page 2 ZBA-I6-CU-94 In summary, Mr. Forsythe stated that staff supports the request to amend the approved Conditional Use to allow an additional 1,200 square feet to be used with the day care center and would recommend approval with the original conditions of Ordinance #4630, noting that #3 shall read 1630, 1+632, and 1634 Algonquin Road. Chairman Basnik asked what the rates would be. In re Gashkoffs replied that the rates would be competitive with the area. Also, the rates would''vary,with, the age of the child. She noted that infants would probably be approximately $135.00 • $150.00 a weep and the rates would go down from there. In response to Chairman Basnik with regards to stat Ms.Gashkoff"a ted that there would be at least 10 employees including a Cook, Director, Assist ant Direct r plus part-time people. The ratio for infants is 1:4, toddlers 1.5, 2 yr. olds 1.8, 3 to 5 yr. olds 1:10. State regulations can go 1:20. Ms. Gashkoff stated that the amount of staffing would be dependent upon the ages of the children. In response to Mr. Floros question regarding the opening of the facility, Ms. Gashkoff said they were anticipating an August 1st date. Mr. Lannon then moved that the Zoning Board of Appeals approve the amendment to the Conditional Use Ordinance #4630 as approved on April 5,, 1994 to allow an additional 1,200 square feet to be used in the Day Care tenter subject to the conditions fisted above including the change of #3 to read 1630, 1+632 and 1634 Algonquin Read. The motion was seconded by Ms. Luem. Upon Roll Call: AYES. Basnik, l=loros, Lannon, Luxem, 'Verhaselt NAYS: Mone The motion was approved by a vote of 5-0. Respectfully, se Jude, 'Aen Bouids, Secretary, VILLAGE OF MOUNT PROSPECT PLANNING DEPARTMENT Mount Prospect, Illinois . ...... .... TO: MOUNT PROSPECT ZONING BOARD OF APPEALS GIOL BASNM N Nl FROM10 RAY P. FORSYTHE9PLAN , ER DATE: APRIL 139 1994 CASE NO.: ZBA-16-CU-94 APPLICANT:, LAURIE GASHKOFF ADDRESS:1634 ALGONQUIN (PLAZA UNA[TED SHOPPING CENTER) LOCATION MAP`0 PROPERTY DESCRUMON: ZONING: B-3 Community Shopping District LOT SIZE: N/A %COVERAGE: N/A Gil Basnik, Chairman Mount Prospect Zoning Board of Appeals Page 2 The petitioners are seeking an amendment to the Conditional Use Ordinance # 4630 as approved on April 5, 1994 to allow an additional 1,200 square feet to be used in the Day Care Center. Summary of Application: The applicant is seeking to add an additional 1,200 square feet of space to the recently approved Day Care Center. The total space footage will be approximately 3,600 square feet and would permit up to 30 additional children for a total of 75. - Impact on Surrounding Properties: The Conditional Use Permit was approved on April 5, 1994 with the conditions that: I A copy of the license issued by the State of Illinois in order to operate a day care center in this location is placed on file with the Director of Planning; 2. The day care center shall be sprinkelered in compliance with the requirements of the Mount Prospect Fire Prevention Bureau; 3. The Conditional Use granted herein shall apply to the area identified as 1630-1632 West Algonquin Road and that an amendment to this Conditional Use shall be required prior to the expansion of the Day Care Center; 4. Nothing installed around the play area shall deduct from the capacity of the facility. All equipment shall be reviewed and approved by the Director of Inspection Services. 5. The fence installed around the play area shall be constructed with a maximum of 4"-6" clearance to allow the free flow of water and should be of material which allows the passage of water (i.e. chain link or board -on -board). 6. Striping, signs and speed bumps shall be added prior to an occupancy permit. 7. That the service drive connecting the rear of the subject property to the adjacent northern property shall be designated "One -Way" northbound. Because of the expansion of the center the amendment is required. The expansion will enable a license of up to 75 children. No other changes to the play area or exterior of the center are requested. Parking is provided which meets the Ordinance. See attached Departmental review sheets. Gil Basnik, Chairman Mount Prospect Zoning Board of Appeals Page 3 The petitioner is requesting to amend the approved Conditional Use to allow an additional 1,200 square feet to be used with the day care center. Staff supports the request and would recommend approval with the original cionditions, of Ordinance # 4630 as fisted in this staff report, noting that # 3 shall read 1630,,1632 and 1634 Algonquin Road. RPF:hg 0 PETITIONER PETITIONER'S APPLICATION - MOUNT PROSPECT ZONING BOARD OF APPEALS Petilign 4; C,� � [ �7) - $-I P.I.N. #_ 2- ................. L Uotkn,' - ... ........ . ........ ... . ....... 2- c 24), nin& Q=nj:r. pr -4.11 11> OM,er: . ................... Et000aed; i KC c,,v .4 L fl6 !�. � � f a 12C, = rn PgsgL _C1, i k" L IL _(J_J N. 2 BW CName_/Addre,.qq/Phnne 4) L/ - 4.�- Z_ 5 '1 'RR AR P§71t4ner Signature Date Owner (Beneficial) Date The petitioner must fill out the top section of this page and each of the attached pages (1-9). The various Village DeparWx= will put their comments on the lower half of these forms. Jhg_2,!gitioneraad, Q.1ngrm, slon 1hia P = _. -- m �Qn tht,, n lineor eA abg'vgqn. rr ig_ submi tiro 1bgp2_m1&.ted. ap2l'gati "tt* n., Petition # - Will be provided to you by staff. Petitioner - Individual who is requesting approval from Village. (Provide name, address & phone # for each.) Owner Owner of the subject property. (Provide name, address & phone # for each.) Contact Person If different from petitioner. (Provide name, address & phone # for each.) PIN # Tax Identification Number. Location address. Zoning the current zoning classification and proposed if applicable. Use The current land use (vacant, house, etc.) and proposed. Site Gross Area Total land area involved in petition. No. Lots Number of lots involved in petition. No. Units Number and size of individual units proposed, if applicable. DEPARTMENT OF PLANNING VILLAGE OF MOUNT PROSPECT 100 SOUTH EMERSON STREET MOUNT PROSPECT, ILLINOIS 60056 Phone.- (228 .1818 5328 - - ---- ----- PLANNING DEPAR'T'MENT PETITIONER'S APPLICATION - MOUNT PROSPECT ZONING BOARD OF APPEALS R*11W 1. X COMPLIES WITH COMPREHENSIVE PLAN? 2. X COMPLIES WITH THOROUGHFARE PLAN? 3. ......... VARIATIONS NEEDED FROM ZONING REGULATIONS? (See below.) 4. X SUBDIVISION REQUERED? Surrounding Zoning and Land Use: North: B-3 Community Shopping* vacant South; B-3 Community Shopping; vacant structures) Dumas' East: Unincorporated Cook County; United Airlines West: B-3 Community Shopping; Crystal Court Shopping Center This Conditional Use is an expansion of a recently approved Day Care Center. Staff has no additional concerns or comments. 2aENGINEERING DIVISION — --- - -------- PETITIONER'S APPLICATION - MOUNT PROSPECT ZONING BOARD OF APPEALS ' - -- t P J' N. t - 1 --- .. 0- a l P i r o r: L A L te- i g, A 4 UsAk no r . C r' o v L.. *�../. J 2.. A. /7 'Pro ! �.... �c►GvS" �b OmMaL� E .0Prg2wwd.- TM14#r' Ay- I i t, '7, . � . L- A• L& rz- t eF -- � t� C (N m '" " dd r m/P'h -:2� (0 q° . 2 R: 4, 'BR 1. PUBLIC INTROVEMENTS a. Underground Utilities Water . . . . . . . . . . . Sanitary Sewer Storm Sewer. b. Surface Improvement Pavement . . . . . . . . Curb & Gutter. . . . . . Sidewalks Street Lighting . . . . . . c. Easements Utility &Drainage X - Access . . . . . . . . . . . . x 2. PERMITS REQUIRED OTHER THAN VILLAGE - a. MWRDGC b. IDOT c. ARMY CORP d. IEPA e. CCHD 91 0 ,z ""h b ENGINEERING DIVISION (Continued) PLANS P'ZE-PA�ED DATE OF PLANS - Engineering Coordinator Date NSA COMMENTS 3. R.O.W. DEDICATIONS?. ....... .1, ,, ". )< 4. SITE PLAN ACCEPTABLE? ........... u,) 5. PFJtLMNARY PLAT ACCEPTABLE?. 6. TRAFFIC STUDY ACCEPTABLE? 7. STORM WATER DETENTION REQUIRED I p 0 VIC4^ Lk, C Z TITF"C-7 8. FLOOD PLAIN OR FLOODWAY EXISTING9. x 9. WETLAND OUSTING? I GENERAL COMMENTS: ct- C c (, P-� 14- PLANS P'ZE-PA�ED DATE OF PLANS - Engineering Coordinator Date m jl , ► FIRE DEPART LENT PETITIONER'S APPLICATION - MOUNT PROSPECT ZONING BOARD OF APPEALS I , NUMBER OF STORIES . 2. HEIGHT OF BU ILDING , . . 3. FIRE LANES . . 4. FIRE HYDRANTS . 5. STANDPIPE . 6. SPRINKLERS. . . . . . 7. FIRE PUNT . . . . . . . , . , . 8. FIRE ALARM . . . . , . . . . y ` 9. COULD A FIRE ON THE PROPOSED USE BE ADEQUATELY CONTROLLED AND EXTIFNGUISHEDI IF NOT, WHAT SPECIFIC CHANGES AND REQUrRENENTS DO YOU SUGGEST TO ACH[EVE 1 PURPOSE. 10. DO ANY E)GSTING OR PROPOSED CUL-DE-SACS ALLOT ADEQUATE ACCESS FOR EN ERGENCY CLES 11. GENERAL COMNfENTS:/) �fA�,, asP- S�O.�.va .zC. 7 hectorDate '` �► tqr L G- �.�.. y' C c, ci stn, 1 cation.,, I L' ;64 L en Ar'L... M '", AA t3 LA--�•.-�4 'fru �, r l t....- (p � �► �c-' �,,. Z iul� c'Tit :oe G' te— . [.; S- gr A. L 4�n 4 C--� 30 0 —Current: Person: Site. " --'de- No, Units,'"i''R, R; ,(Name/Address/Phone 4�) 3 BR- I , NUMBER OF STORIES . 2. HEIGHT OF BU ILDING , . . 3. FIRE LANES . . 4. FIRE HYDRANTS . 5. STANDPIPE . 6. SPRINKLERS. . . . . . 7. FIRE PUNT . . . . . . . , . , . 8. FIRE ALARM . . . . , . . . . y ` 9. COULD A FIRE ON THE PROPOSED USE BE ADEQUATELY CONTROLLED AND EXTIFNGUISHEDI IF NOT, WHAT SPECIFIC CHANGES AND REQUrRENENTS DO YOU SUGGEST TO ACH[EVE 1 PURPOSE. 10. DO ANY E)GSTING OR PROPOSED CUL-DE-SACS ALLOT ADEQUATE ACCESS FOR EN ERGENCY CLES 11. GENERAL COMNfENTS:/) �fA�,, asP- S�O.�.va .zC. 7 hectorDate 4 INSPECTION SERVICES DEPAIRTNIENT PET11 IONER'S APPLICATION - MOUNT PROSPECT ZONING BOARD OF APPEALS VARIATIONS NEEDED FROM VILLAGE BUILDING CODE (See below) MEETS HEALTHISAFETY CODE REQ S 1 Building plans must meet all Village and State Codes for Day Care Centers. 2) All refrigeration and cooking equipment must be commercial grade equipment. Director Date POLICE DEPARTMENT PETITIONER'S APPLICATION - MOUNT PROSPECT ZONING BOARD OF APPEALS _........ ...___-___.. ...www ... lm r ,e m4 1. CHARACTER OF USE: (WOULD IT BE A PROBLEM TYPE?) KI 4 Rl PRESENT TRAFFIC PROBLEMS? q m TRIC ACCIDENTS AT PARTICULAR. LOCATION: TRAFFIC PROBLEMS THAT MAY BE CREATED BY THE DEVELOPMENT: 3. GENERAL COMIvlENTS: Director Date 7 7ti7l Po 1, Lls--�,,ftinerno MIMI Mount Prospect cm, NA, qw AA INTEROFF; TO: Planner Ray Forsythe FROM: Director public Works 6. DATE: April. 1994 SUBJECT* Review of zBA Cases Re atition for day :are center at .1.634 Algonquin Road, Public Works has no ob-iccti. Re petition for build'; ng at 7 N, V.arCell'ld Road. p�:;bliz- works bas no objections* t e I r be -t L * weeks liLW/td attaTh. ZB ACAS ES / F; LES / hOPPIAIN HUMAN SERVICES DEPARTMENT PETITIONER'S APPLICATION - MOUNT PROSPECT ZONING BOARD OF APPEALS Director ' " l 4 "Date CAF/ 5/25/94 *RDINANCE NO, is A 9 10 •A Am WHEREAS, Laurie Gashkoff (hereinafter referred to as Petitioner) has filed a petition for an amendment to Ordinance No. 4630 granting a Conditional Use to property located at 1630-1632 West Algonquin Road (hereinafter referred to as the Subject Property); and WHEREAS, the Subject Property is legally described as follows: Space No. 1634 in Lot 1 in Plaza United, being a part of the northeast Quarter of Section 22 and part of the Northwest Quarter of Section 23, in township 41 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois; and WHEREAS, Petitioner seeks to expand the area being the subject of the Conditional Use granted in Ordinance No. 4630 by an additional 1,200 square feet, for a total of 3,600 square feet, in order to permit a Day Care Center and play -yard in the Plaza United Shopping Center; and WHEREAS, a public hearing was held on the request for Conditional Use, designated as ZBA Case No. 16 -CU -94, before the Zoning Board of Appeals of the Village of Mount Prospect on the 28th day of April, 1994, pursuant to proper legal notice having been published in the Mount Prosvect Herald on the 12th day of April, 1994; and WHEREAS, the Zoning Board of Appeals has submitted its findings and recommendations to the President and Board of Trustees in support of the request being the subject of ZBA 16 -CU -94; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the same meets the standards of the Village and that granting of the amendment to the Conditional Use granted in Ordinance No. 4630 would be in the best interests of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The recitals set forth hereinabove are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect do hereby amend Ordinance No. 4630 to provide for an area totoalling 3,600 square feet for the operation of a Day Care Center and play -yard. SECTION THREE: That all other conditions set forth in Ordinance No. 4630 shall remain ZBA 16 -CU -94 Page 2 of 2 in full force and effect. �EgTION FO This Ordinance shall be in full force and effect from 'and after its passage, approval and publication in pamphlet form in the manner provided • law. AYES: NAYS'. ABSENT: PASSED and APPROVED this day of A 1994. Gerald L. Farley Village President ATTEST: Carol A. Fields Village Clerk Donald R. Goers 1805 Apache Lane Mt. Prospect, IL 60056 May 23, 1994 Mr. William J. Cooney, Jr. AICP Director of Planning Village of Mount Prospect 100 S. Emerson St. Mt. Prospect, IL 60056 RE: ZBA 14—V-94 My wife and I are requesting that the second reading be waived and that the ordinance approving the variation to Section .14.306.4 to allow a new deck to be attached to an existing deck and an existing pool be favorably considered on the first reading. Your cooperation and assistance is greatly appreciated, Respectfully, Donald & Connie Goers MAY 2 5 1994 '-' VILLAGE OF MOUNT PROSPECT PLANNING DEPARTMENT Mount Prospect, Illinois 0, TO* MICHAEL E. JANON11S, VILLAGE MANAGER FROM: WILLIAM J. COONEY, JR., DIRECTOR OF PLANNING EASE. MAY 99 19941 SUBJECT: ZBA-14-V-94, DON AND CONNILE GOERS LOCATION: 1805 APACHE The Zoning Board of Appeals transmits for your consideration their recommendation on a request for a variation at 1805 Apache Lane. Specifically, the applicants are seeking to construct a 17' x 10' deck attached to the existing deck and the existing swinnuing pool, which creates a zero foot separation from an accessory structure and the principal structure instead of the required 10 feet. The request was reviewed at the regular Zoning Board of Appeals meeting of April 28, 1994. At the meeting, Mr. Don Goers presented the request. W Goers indicated that they would like to construct a deck attached to the pool. He indicated that the logical location is adjacent to the existing deck. 140 He stated that a large tree would have to be removed if all setbacks were required. Ray Forsythe, Planner, summarized the staff report. He indicated that the pool was constructed in 1993 in a location which meets the setback and lot coverage requirements. He indicated that a deck could be constructed which meets the setback requirements and staff feels that no hardship has been established. The Zoning Board of Appeals discussed the request. Mr. Lannon indicated that he believed that the separation was placed in the Zoning Ordinance to stop the spread of fire from one structure to the next. He stated that he felt this was not increasing the fire hazard. The members also discussed the size of the pool and deck. They indicated that the request was acceptable. By a vote of 5-0, the Zoning Board of Appeals recommends approval of the request. WJC:hg SURVEYOR LOCATION REPORT lin 0 r L IC'` a APACHF LT LAME E LJT) S J, . . ............ or L IrC ol -J rd f on No . 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Th.3 plal IS fa,10 QMly d l' w00`1181?`13 the I foorseemle lht WIS bund At lm -1• 111'"ll! C' ' 3 J "SPeC140" tH!S olgrldlure "Mol err bassoc seal of the suf-eyor V 'OVAS PREPARED FOR USE Of THE 42 h4AMED PART f LillorlITED PURPOSE ',IF IDENT11 0CAY1-,"- r THE SUOJL"� " lore accurate Of *41,lolled 'A',a ',ur,wty ; '05 rej Of J Cor-tr oq,-ferl a LjMd T1114 'Survey Mf 80ur',;-, Su'vslf ShOLAM to SCALE In Fit 7o FEI3QUA P.( BOOK 1163 PAGE ORDERED BY —I&t— S a in q s MINUTES OF THE REGULAR MEETING OF THE MOUNT PROSPECT ZONING BOARD OF APPEALS ZBA CASE NO. ZBA-14-V-94 PETITIONER: SUBJECT PROPERTY: PUBLICATION DATE: REQUEST: MEMBERS PRESENT: ABSENT: Hearing Date: April 28, 1994 Don and Connie Goers 1805 Apache April 12, 1994 The petitioners are seeking a variation to Section 14.306.4 to allow a deck to be attached to an existing deck and an existing swimming pool, which creates a zero foot separation from an accessory structure and the principal structure instead of the required 10 feet. Gilbert Basnik, Chairman Leo Floras Peter Lannon Elizabeth Luxem Jack Verhasselt Robert Brettrager Ronald Cassidy Chairman Basnik then introduced case ZBA-1 4-V-94 being a request for a variation to Section 14.306.4 to allow a deck to be attached to an existing deck and an existing swimming pool, which creates a zero foot separation from an accessory structure and the principal structure instead of the required 10 feet. Mr. Don Goers introduced himself to the Zoning Board of Appeals. Mr. Goers stated that they would like to add a deck to the pool and existing deck. The most desirable spot would be to add the deck to the North side of the pool to attach directly to the pool. The alternative spot would be to add to the West side of the pool but feels this would create a hardship with removal of a tree and bushes. Also, Mr. Goers stated that for safety concerns the North side would be better than the alternative locations. He feels this would provide additional egress and the ability to supervise the pool from the house. Planner, Ray Forsythe then summarized the staff report for the Zoning Board of Appeals. Mr. Forsythe stated the petitioners constructed a pool in 1993 with a permit which was conforming to setbacks, lot coverage and fencing requirements. Because the petitioner is seeking to attach a new deck to the pool, the minimum 10 foot separation is not met. All other setbacks and lot coverage requirements will be met. Mr. Lannon asked what the purpose of the setback was. In response, Mr. Forsythe explained it was mostly for safety reasons so that fire equipment could be provided in the rear yard should it be needed. Mr. Lannon replied that he felt the main purpose was to maintain fires from structure to structure and that would not be adding any additional fire hazards. Page 2 ZBA-14-V-94 Chairman Basnik asked if one could pass through underneath the deck. Mr. Goers replied that one could not. Also,, there is a stairway on the East side (main entrance) and would consider having stairs on both sides. Mr. Goers further added that the proposed deck would match the existing deck and surrounding fence. Currently,, the pool has a ladder with just a fence around the pool. The proposed deck would be 10'x 15'. Mr. Floros asked how big the pool was. Mr. Goers stated that the pool is 271 in diameter. Mr. Goers further stated that he moved to this location in 1984 and the current deck was there. He added the pool in 1993. Mr. Goers has a 117 x 87 shed in the back of his residence. Chairman Basnik inquired about lot coverage. In response, IMr. Forsythe stated that currently lot coverage is 32% and would be at 34% with the proposed deck. There is a maximum of 45% lot coverage allowed. Chairman Basnik asked Mr. Goers if his neighbors knew what he was proposing to, do with the deck. Mr. Goers stated that his next door neighbors knew and he had not received any any negative feedback. The Board generally discussed the proposed deck. Mr. Goers, stated that if they used the alternative location, a Chinese Willow tree (approximately 2 ft. in diameter) would have to be removed. Thus, the North side location would be Ideal. Mr. Verhasseft inquired about missing fencing on one side. Mr. Goers stated that he has mature bushes where there isn't a fence. Mr. Goers, further stated that there will be a gate with a lock. Chairman Basnik asked staff If they were satisfied with the security of the pool and Mr. Forsythe said the pool and fence meet current ordinance standards. Mr. Floros, then moved that the Zoning Board of Appeals approve a variation to Section 14.306.4 to allow a deck to be attached to an existing deck and an existing swimming pool, which creates a zero foot separation from an accessory structure and the principal structure instead of the required 10 feet as shown in petitioners exhibit 1. The motion was seconded by Mr. Lannon. Upon Roll Call.- AYES: Basnik, Floros, Lannon, Luxem, Verhasselt NAYS: None The motion was approved by a vote of 5-0. Respectfully submitted, Julie Ann Souris Secretary VILLAGE OF MOUNT PROSPECT PLANNING DEPARTMENT Mount Prospect, Illinois TO: MOUNT PROSPECT ZONING BOARD OF APPEALS GIL BASN11Kw CHAIRMAN FROM: RAY P. FORSYTHE9 PLANNER 'G DATE: APRIL 18, 19941 CASE NO.: ZEA -14-V-94 APPLICANT: DON AND CONNIEE GOERS ADDRESS: 1805 APACHE LOCATION MAP: 914 so co o 912 co CN cc co go :0 6* L HOPI L)4 QD co a0 go L 00 Co go 0 cc 0 V to N' 4<0? 0 40 cc :0 0 MOP oft �1 — — — om PROPERTY DESCRIPTION: ZONING: R-1 Single Family Residential LOT SIZE: 10,050 sq. ft. %COVERAGE: Current: 32%; Proposed: 34% Y9063F90 0 0 0 ;0 1� W % Q'I 800 Gil Basnik., Chairman Mount Prospect Zoning Board of Appeals Page 2 The petitioners are seeking a variation to Section 14.306.4 to allow a deck to be attached to an existing deck and an existing swimming pool, which creates a zero foot separation from an accessory structure and the principal structure instead of the required 10 feet. .......... U fflfftl W, A W"61 413, %` Summary of Application- The application indicates that there is a tree and bushes which would have to be removed if the deck were located 10 ft. from the principal structure. Impact on Surrounding Properties: The petitioners constructed a pool in 1993 with a permit which was conforming to setbacks, lot coverage and fencing requirements. Because the petitioner is seeking to attach a new deck to the pool, the minimum 10 foot separation is not met. All other setbacks and lot coverage requirements will be met. There is an existing deck, and additional decking could be added to the side of the pool which would meet the 10 foot separation, therefore, staff does not feel a hardship has been established. DEPARMANT ALCONTS See attached staff reviews. SL M [ARWRECOMMENDATION' The petitioners are requesting a variation to allow a deck to be attached to the principal structure and 1 an accessory swimming pool with no setback provided. The petitioner has not demonstrated that a sufficient hardship exists that would warrant granting the requested variation. Staff therefore, recommends denial of the request and that the petitioner investigate the installation of a deck that conforms with Vidlage Code. PETITIONER PETITIONER'S APPLICATION MOUNT PROSPECT ZONING BOA RD OF APPEALS RON, Petitioner Signature Date Owner011311eneficial) Date The petitioner must fill out the top section of this page and each of the attached pages (1-7). The various Village DeParbrients wi1l PkA d%#6r comments on the lower half of these forms. '1 %0 e� De1*WiQ_n1r_a'nA,gwn1q 0=1 Sim Dage A 'n D, 01vided line comptried ap I Duo to submiging,111h DI"gaiopt DIU4 N 0 QQMPLETE_F!2RMS#L Petition Will be provided to you by staff. Petitioner W Individual who is requesting approval from village. (Provide name, address & phone # for each.) Owner M Owner of the subject property. (Provide name, address & phone # for each.) Contact Person If different from petitioner. (Provide name, address & phone # for each.) PIN 9 Tax Identification Number. Location address. Zoning - the current zoning classification and proposed if applicable. Use - The current land use (vacant, house, etc.) and proposed. Site Gross Area Total land area involved in petition. No. Lots Number of lots involved in petition. No. Units Number and size of individual units proposed, if applicable. DEPARTMENT OF PLANNING VELLAGE, OF MOUNT PROSPECT 100 SOUTH EMERSON STREET MOUNT PROSPECT, ILLINOIS 60056 Phone: (708) 818-5328 1 PLANNING DEPARTMENT PETITIONER'S APPLICATION - INIOUNT PROSPECT ZONING BOARD OF APPEALS NO 1. COMPLIES WITH CONfPREHENSIVE PLAN? 2. COMPLIES WITH THOROUGHFARE PLAN? ..... .............. 3. VARIATIONS NEEDED FROM ZONING REGULATIONS? (See below.) 4. SUBDIVISION REQUIRED? The variation is requested to allow a zero foot separation between the principal, structure and, an accessory structure instead of the required 10 feet. The deck couldbe located elsewhere on the lot and not require i variations. No hardship has been provided. Staff recommends denial. Surrounding zoning and land uses: North: R- I Single Family, residences South: R- I Single Family, residences East: R-1 Single Family, residences West: R- I Single Family, residences Date Director ENGINEERING DIVISION PETITIONER'S ETITIONER*S APPLICATION - MOUNT PROSPECT ZONING BOA" OF APPEAL ......... 4 1. PUBLIC HV1[PROVEN1EYrS REQUIRED: ........ N CONfMIENTS a. Underground Utilities Water. Sanitary Sewer ........ Storm Sewer. . . . . . . . b. Surface Improvement Pavement Curb & Gutter ........ Sidewalks .. . . . . . . . Street Lighting ...... c. Easements Utility& Drainage Access. )L 2. PETS REQUIRED OTHER THAN VILLAGE. a. MWRDGC b. IDOT C. ARMY CORP d. TEPA e. CCHD 3. R.O.W. DEDICATIONS? ....... 4. SITE PLAN ACCEPTABLE? ......... 5. PRELDAINARY PLAT ACCEPTABLE? ... 6. TRAFFIC STUDY ACCEPTABLE? 7. STORM WATER DETENTION REQUIRED 8. FLOOD PLAIN OR FLOODWAY EXISTING? 9. WETLAND E)aSTING? GENERAL COMMENTS c, ENGINEERING DIVISION (Continued) • PLANS PREPARED BY'.---, DATE OF PLANS: Date Engineering Coordinator _4�� FIRE DEPARTMENT PETITIONER'S APPLICATION - NIOUNT PROSPECT ZONING BOARD OF APPEALS L NUMBER OF STORIES 2. HEIGHT OF BUILDING 3. FIRE LANES. 4. FIRE HYDRANTS. 5. STANDPIPE ....... ...... 6. SPRINKLERS ............... 7. FIRE PUMP . 8. FIRE ALARM 9. COULD A FIRE ON THE PROPOSED USE BE ADEQUATELY CONTROLLED AND EXTINGUISHED?.,, IF NOT, WHAT SPECIFIC CHANGES AND REQUMENMNTS DO YOU SUGGEST TO ACHIEVE THIS PURPOSE 10. DO ANY E)CISTING OR PROPOSED CUL-DE-SACS ALLOW ADEQUATE ACCESS FOR EM(ERGENCY VEIUCLES? , ,, I I. GENERAL CONOAENTS: ire r Date INSPECTION SERVICES DEPARTMENT lipl ll;q� l [ 1! 11 11111 :iII::11 11 1� 1�� III 11 111 � Zllli 1111,11 ysmvutm Wj%!Illlx*NfF VELLAGE BUILDING CODE IVP Z,41-zw e;('v e'e,-1w1we c- e- 2. =,I C clec4- /)i,cz/ lr)ee--i�- CeI46�1'1 e y4c..,, 11%e In el;tJ Aro C e i C?oe � " -e ca,41f, Director Date 7 POLICE DEPARTM, F _ NT PETITIONER'S APPLICATION - MOUNT PROSPECT ZONING BOARD OF APPEALS CHARACTER OF USE: (WOULD IT BE A PROBLEM TYPE?) 2. ARE LIGHTING REQUIREMENTS ADEQUATE? ,el 3. PRESENT TRAFFIC PROBLEMS? 4. TRAFFIC ACCIDENTS AT PARTICULAR LOCATION: /t.,% 5. TRAFFIC PROBLEMS THAT MAY BE CREATED BY THE DEVELOPMENT: 3. GENERAL COMMENTS: Director Date 'I PUBLIC WORKS DEPARTMENT PETITIONER'S APPLICATION - MOUNT PROSPECT ZONING BOARD OF APPEALS EXISTING RJEQUMD TW, RQ—VE, MM ROVEMENT CO I. UTILITIES; Water Metering Backflow Sanitary Sewer Storm Sewer 2. �SURF CE: Pavement Curb & Gutter Sidewalks Streetlighting 1, 3. UNERALCQhjSjEh M—� Director Date u � i -Ile We Village Clerk Date CAF 5/25/94 #RDINANCE NO. WHEREAS, Don and Connie Goers (hereinafter referred to as Petitioners) have filed an application for a variation from Chapter 14 of the Village Code of Mount Prospect, Illinois, for property commonly known as 1805 Apache (hereinafter referred to as Subject Property), legally described as: Lot 90 in Forest Manor Unit No. 2, being a subdivision in the southwest 1/4 of the southeast 1/4 of Section 25, Township 42 North, Range 11, East of the Third Principal Meridian, according to plat registered in the Office of the Registrar of Titles of Cook County, Illinois on May 29,1963, as Document Number 2093496. Mrt WHEREAS, Petitioners seek a variation from Section 14.306.4 to allow a deck to be attached to an existing deck and pool, creating a zero foot separation between an accessory structure and principal structure, rather than the required ten feet; and WHEREAS, a public hearing was held on the variations requested being the subject of PBA Case No. 14-V-94 before the Zoning Board of Appeals of the Village of Mount Prospect on the 28th day of April, 1994, pursuant to due and proper notice thereof published in the Mount Pros qct Herald on the 12th day of April, 1994; and WHEREAS, the Zoning Board of Appeals has submitted its findings and recommendation to the President and Board of Trustees of the Village of Mount Prospect and the President and Board of Trustees of the Village have given further consideration to the variation being the subject of PBA 14-V-94 and have determined that the best interests of the Village of Mount Prospect would be served by granting said variation. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE*. The recitals set forth hereinabove are incorporated herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SE,C'T'I,.QN'TWO*. The President and Board of Trustees of the Village of Mount Prospect hereby grant to the Subject Property a variation from Section 14.306.4 to allow a zero foot separation between the principal structure and an accessory structure rather than the required 10 feet, as indicated on the attached site plan. �ECTION THREE- Except for the variation granted herein, all other applicable Village of Mount Prospect Ordinances and regulations shall remain in full force and effect as to the Subject Property. SECT1,9N FOUR., In accordance with the provisions of Section 14.203.0.12 of ZBA 12-V-94 Page 2 of 2 of Chapter 14 of the Village Code, the variation granted herein shall be null and void unless permits are issued and construction begins within one (1) year from the date of passage of this Ordinance. ffiCTION,--FIVE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in 'pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of 1994. WNW Gerald L. Farley Village President ATTEST: Carol A. Fields Village Clerk ORDINANCE NO* AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTYr ILLINOIS BE IT ORDAINED by the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, acting in the exercise of their home rule power; SECTION 1: That Chapter 13 of the Mount Prospect Village Code, as amended, is hereby further amended by deleting Chapter 13 in its entirety and inserting a new Chapter 13 which shall be and read as followsl CHAPTER 13 ALCOHOLIC LIQUORS Subject Article General Provisions .....................I ARTICLE I GENERAL PROVISIONS APN�6� 13.101 Definition 13.102 License Required 13.103 Application for Retailer's License 13.104 Management Entities 13.105 Restrictions on Issuance of Licenses 13.106 Term -Prorating Fee 13-107 Licenses and Permits 13.108 Number of Licenses 13.109 Disposition of Fees 13.110 Application Process Completed 13.111 Compensation, Powers and Duties of Local Liquor Control Commissioner 13.112 Penalties Upon Hearing Before the Local Liquor Control Commissioner 13.113 Transfer of License 13-114 Renewal of License 13-115 Change of Location 13-116 Consumption on Premises 13-117 Restrictions on Premises 13.118 Closing Hours; Sunday Closing 13.119 Peddling 13.120 Compliance with Building, Sanitary, Safety and other Regulations of the Village 13.121 Live Entertainment 13.122 Prohibited Conduct 13.123 Fighting Prohibited; Licensees Conduct 13.124 Dram Shop Insurance 13.125 Conduct of Employees and Agents 13.126 Sale to Intoxicated Persons; Habitual Drunkards 13.127 Prohibited Sale or Promotion of Alcoholic Beverages 13.128 Prohibited Sale of Refrigerated Alcoh6lic Liquor in Single Containers 13-129 Regulations with Respect to Underage Persons 13.130 Consequences of Facilitating the Use of Alcoholic Beverages by Underage Persons 13-131 Use of False Identification 13-132 False Identification not a Defense 13-133 Operation of a Motor Vehicle While in a State of Impairment 13.134 Operation of a Motor Vehicle by Underage Persons With an Alcoholic Beverage in or on the Vehicle, - When the Underage Person is Impaired Due to Alcohol or has Alcohol, in the System or is Operating the Vehicle in Violation of a Restriction Pursuant to this Chapter 13.135 Procedure for Driving Restriction Notification; Hearing 13.136 Penalty for Violating Driving Restriction 13-137 Penalties; General Sec. 13.101. Definitions. Unless the context otherwise requires, the following terms as used in this Chapter shall be construed according to the definitions given below. ALCOHOLIC A. Any spirits, wine, beer, ale or other BEVERAGES or liquid intended as a beverage and containing LIQUOR: more than one-half of one percent (.5%) of alcohol by volume B. Any beverage containing any scientifically detectablie trace of alco'hol and commonly known as "near bee r ft ot 10 It njonalcoholic beeT'11 or nonalcoholicle 11 11 whose taste, color, odor and consistency are s i ilar to 'the alcoholic beverages known as beler and wine and, except for 'the reduced zlcohol contlento, is marketed as being similar to beer or wine, BAR A barrier or counter, at and over which alcoholic liquors and sometimes food are passed or served. Ir BEER: Means a beverage obtained by alcoholic fermentation or infusion in a brew or concoction of barley or other grain,, malt or hops,, in water. This shall include beer, light beer,, ale, stout, lager beer, porter and other similar brews,, CATERER: A person who for compensation provides food and service for a banquet,, dinner or other speclal occasion and where the recipients of such food or service are specifically 1nvi"ted rather than the premi,ses being open to the general public. CONTROL OF To be in control, of a premises o�r to have a PREMISES: premises under one's control means a legal or beneficial ownership, rental,, lease or license. Control may also exist where none of the aforesaid legal, relationships apply, but where an adult is otherwise in charge of or charged with controlling a particular premises. DELIVERY OF The sale, giving or exchange of an alcoholic ALCOHOLIC LIQUOR: liquor from One person to another. Delivery I J is �meant to include t,he provision of any alcoholic beverage by whatever means to, one person from another. DRIVE-IN A food service establishment with or without RESTAURANT: interior facilities for eating, which caters to and permits the consumption of food either in customer's automobile parking on the premises or in any other designated area on the premises outside the establishment where the food is so prepared. "Drive -In Restaurant" shall not be construed to include "Restaurant". - 2 - FALSE Any document used for identification or proof IDENTIFICATION: of age that has been altered or defaced or that contains false or misleading Information or that contains a name that, is not the actual name of the person using Vit. FIGHTING: Any threatening or touching of another person which provokes or tends to provoke a breach of the peace. GENERAL PUBLIC: The whole body politic *including the, people of the neighborhood, the Village, the, State of Illino,isr the United States of America, and/or persons at large travelling through the Vi" ',I I a 9 e,, a, s different from the designation of a particular person or group of persons. HOTEL: Every building or other structure, kept, used, maintained, advertised and held out to the public to be a place where food is actually prepared, served and consumed and sleeping accommodations are offered for pay to travelers and guests, whether transient, permanent or residential, in which twenty five (25) or more rooms are used for sleeping accommodations and where dining rooms are maintained in the same building or buildings. IMPAIRMENT: Any diminution or compromise of a person's physical, mental or perceptual abilities due to the consumption of an alcoholic beverage. Impairment does not require that the blood alcohol content be in excess of any particular gram of alcohol to milliliters of blood or breath ratio. LICENSE or That specific gra,n't of the privilege and LIQUOR LICENSE: authority to a licensee to sell or offer for sale alcoholic liquor at retail in the manner set forth in the text of the particular license classification. LICENSEE: That person who by issuance of a license has been given the right or privilege by the Local Liquor Control Commissioner 'to engage in the, retai'l, sale of alcoholic liquor in the Village. This shall include the holder of a Mount Prospect liquor license or any officer, principal, employee or agent of the license holder. LIVE The music entertainment produced by a live ENTERTAINMENT: person on a licensed premises as distinguished from mechanical sound reproduction. The use of a disc jockey to play prerecorded music shall be considered live entertainment. LOCAL LIQUOR The office of the Mayor or the President of CONTROL the Board of Trustees of the Village; COMMISSION.- assisted by the Legal Department or of the ViLliagleo, as, well as such other person or, persons the Mayor may appoint to aid in the exercise of the powers and the performance of the duties 'herein provi'ded for such Local Liquor Control Commissioner. LOCAL LIQUOR The Mayor or President of the Bo&rd of CONTROL Trustees of the Village acting ex -officio. COMMISSIONER: - 3 - LOUNGE,-, For the purpose of this Chapter,, a "'Lounge" shall mean, any,P ubl,ic place that, is kept., used, maintained, advertised and held out to the public as a, place where alcoholic liquor p r is offered for, sale at retail for consumption on the premises only and not necessarily in conjunction with the full service of meals. This definition may also include the term "cocktail lounges". A lounge may be included within and be an incidental and accessory part of an establishment, such as a restaurant,, hotel or bowling alley, that is primarily engaged in a business or occupation y other than that of the sale and consumption of alcoholic liquor. MAINTENANCE OF That standard by which it shall be determined ORDER STANDARD: whether a licensee has maintained order on the licensed premises. Adherence to this standard shall be a duty of the licensee and shall generally be stated as the establishment and maintenance of the optimum precautions and actions that are practical for deterring and preventing fighting as defined in this Chapter. OPERATION OF A Includes physical control of the motor MOTOR VEHICLE: 'vehicle. It shall mean the operation or conof a, motor vehicle anywhere in the s,Ptrol Village of Mount Prospect, whether on Private or public property. To be in physical controlt the person need not be actually drivi,ng the Motor vehicle and the vehicle need not be running. If there is only one J person inside of a motor vehicle thatt, person shall be presumed to be in physical control, regardless of the person's :Location within the vehicle. If there is only one person in a front seat or front passenger area of a motor, vehicle, that person, shal; 'be presumed 'be to in physical control regardless of the person's location in the front passenger area. If there are persons, in the vehicle, but not in the front passenger area, the owner of the vehicle or the person to whom permission was given to operate the vehicle, shall be presumed to be in physical control of the vehicle. ORIGINAL PACKAGE: Means any bottle, flask, jug, can, cask,, barrel, keg, hogshead or other receptacle or container, whatsoever, used,,, corked, or capped, sealed and, labeled by the manufacturer of alcoholic liquor to contain and to convey any alcoholic liquor. PARENT: A natural or adoptive parent or a court designated guardian. PRIVATE CLUB: A not-for-profit, corporation supported by the dues of its members and organized solely for the promotion of some common obje,ctive other than the sale or consumption of alcoholic liquors. RESTAURANT: Any public place, without sleeping accommodations, maintainf-d, and held out to the public as a place primarily devoted to full-service, s,l*, t -down dining, including dinner and/or luncheon, menus at at which the service of alcoholic liquor is incidental and complementary to the service of such meals. Limited food service, as typically provided by drive-in restaurants, luncheonettes, Sec. 13.102. License Required, A. It shall be unlawful to sell at retail any alcoholic liquor without first having obtained a Village retailer's license for each location, place or premises where the retailer is located. B. Where two (2) or more such locations, places or premises are under the same roof or at the same street address, a separate 'Village retailer's license shall be obtained for each Such location, place or premises. Nothing in this section shall prevent any hotel operator licensed under the provisions of this Chapter, from serving liquor to registered guests in, any room or other part of the hotel, if the liquor is kept in and served from a licensed, location, within the hotel. This may also apply to a licensee at a restaurant premises within a hotel even if the licensee does not own the hotel or operate the hotel business so long as the licensee is a lessee of the restaurant premises, has written authority from the hotel operator to deliver alcohol throughout the hotel pursuant to this section and has noti,fied the Liquor Commissoner in writing of its intent todo so. Both thehotl operator and restaurant operator must qualify as, a licensee in this circumstance. Only one restaurant operator within a hotel may be granted this privilege. C. The issuance to or possession by any person of a retail liquor dealer tax stamp issued for a current tax period by the United States Government or any of its agencies shall constitute prima facie evidence that such person is subject to the provisions of this Chapter. D. Within fifteen (15) days after obtaining a license pursuant to the provisions of this Section, the licensee shall obtain a similar liquor license required by the State for the sale at retail of any alcoholic liquor. However, no alcoholic 1-1 5 - diners, coffee shops, fast food operations, and similar uses, does not satisfy the requirements of this definition. RETAIL SALE: The sale or delivery of an alcoholic beverage to the consumer or general public as differentiated from the sale or delivery for legal re -sale. SPIRITS: Means any beverage which contains alcohol obtained by distillation, mixed with water or other solution , a, n, d includes brandy, rum, whiskey,inor other spirituous liquors quors and such liquors when rectified, blended or . otherwise M1 x ed with alcohol or other substances. SUPPER CLUB: Any public place kept, used, maintained, advertised and held out to the public as a place where patrons are served food and offered live entertainment. UNDERAGE PERSON: Any person under twenty one (21) years of age. VICARIOUS That liability which is implied as a matter LIABILITY: of law even though the person may not have directly caused an injury to another person. WINE: Means, a,ny, alcoholic beverage obtained, by the fermentation of the natural contents of fruitsor vegetables containing sugar including such beverages when fortified by the addition of alcohol or spirits, as above defined. Sec. 13.102. License Required, A. It shall be unlawful to sell at retail any alcoholic liquor without first having obtained a Village retailer's license for each location, place or premises where the retailer is located. B. Where two (2) or more such locations, places or premises are under the same roof or at the same street address, a separate 'Village retailer's license shall be obtained for each Such location, place or premises. Nothing in this section shall prevent any hotel operator licensed under the provisions of this Chapter, from serving liquor to registered guests in, any room or other part of the hotel, if the liquor is kept in and served from a licensed, location, within the hotel. This may also apply to a licensee at a restaurant premises within a hotel even if the licensee does not own the hotel or operate the hotel business so long as the licensee is a lessee of the restaurant premises, has written authority from the hotel operator to deliver alcohol throughout the hotel pursuant to this section and has noti,fied the Liquor Commissoner in writing of its intent todo so. Both thehotl operator and restaurant operator must qualify as, a licensee in this circumstance. Only one restaurant operator within a hotel may be granted this privilege. C. The issuance to or possession by any person of a retail liquor dealer tax stamp issued for a current tax period by the United States Government or any of its agencies shall constitute prima facie evidence that such person is subject to the provisions of this Chapter. D. Within fifteen (15) days after obtaining a license pursuant to the provisions of this Section, the licensee shall obtain a similar liquor license required by the State for the sale at retail of any alcoholic liquor. However, no alcoholic 1-1 5 - beverage may be purveyed by the licensee until the state license has been obtained. Sec. 13.103. Application for Retailer's License, A. Application for a local retailer's liquor license shall be made to the Village President as Local Liquor Control Commissioner. The application shall be in writing, upon forms provided by the Local Liquor Control Commissioner. The application shall require such information as determined by the Local Liquor Control Commissioner. Only completed forms shall be considered by the Local Liquor Control Commissioner. Each application shall be accompanied by a non-refundable application fee of two hundred fifty dollars ($250.00). B, Upon issuance of any license, the licensee shall keep the information contained on the appl, i cation, current by furnishing the Local Liquor Control Comm, issioner, within thirty (30) days' written notice of any change in status regarding ownership, residency, management, surety bond or any other information set forth, in the application. C. Before any license shall be issued to the applicant: The applicant shall furn'lSh to the Village a surety bond in the amount of two thousand ve hundred dollars ($2o,50;0,00) against any violation by the princ pal, the principal's agents or employees, of any of the terms of this Chapter 13 or any ordina,nces, rules, and force or which may regulations p les, now•i n I W hereafter be 'in, force 'in the Village affecting the operation of the licensed business. The suretly company must be acceptable ito th,e Village. 2. The applicant shall see to it that the names of all bartenders, managers, principals, the owners (in the case of an individual), partners, officers, and all stockholders owning an aggregate of more than five percent (5%) of the stock of a corporation are submitted to the Mount Prospect Police Department for fingerprinting by the Mount Prospect Police Department in order that the Mount Prospect Police Department may perform an adequate invest igation to enable the Local Liquor Control Commission to ascertain that issuance of a license will comply with the statutes ofrthe State of Illinois and all applicable ordinances of the Village. The fingerprints shall be processed by the Federal Bureau of Investigation. The fee to the Federal Bureau of Investi,gation shall be prepaid by the applicant by cashier's check,,, money order or certified check. Sec. 13.104. Management Entities. It is recognized that a licensee may, from time to time, desire to hire or retain, as an independent contractorr, a management entity to manager generally operate and be responsible for the licensed premises. No licensee shall permit a management entity to perform such a function unless the management entity has been certified to do so by the Local Liquor Control Commissioner. In order to be certified by the Local Liquor Control Commissioner, a management entity must execute! a liquor license application that reflects the entity's business status, i.e. sole proprietorship, partnership or corporation. A management entity must qualify in the same manner (other than for a surety bond and dram shop coverage) and meet the same standards as a licensee. - 6 - The application shall be accompanied by a non-refundable application fee of two hundred fifty dollars ($250-00) and no management entity may be qualified unless a certification fee of seven hundred fifty dollars ($750-00) has been paid. A management entity shall be subject to the jurisdiction of the Local Liquor Control Commissioner in the same manner as a licensee. If there is a violation on the premises, the management company and the licensee shall be Jointly and severally responsible. Sec. 13.105. Restrictions on Issuance of Licenses. A. No liquor license shall be issued to (when the term "individual" is used in this Section 13.105 it shall mean "sole proprietor"): 1. An individual who is not a resident of the Village. 2. An individual who is not a citizen of the United States. 3. An individual who is not of good character and reputation in the community in which the individual resides. 4. A corporation unless it is incorporated in Illinois, or unless it is a foreign corporation which is qualified and registered under the Illinois Business Corporation Act to transact business in Illinois. 5. A person whose business is conducted by a manager or agent who is not an actual employee of the licensee, unless the manager or agent possesses the same qualifications required of the licensee, and has been certified by the Local Liquor Control Commissioner. 6. A person who does not legally or beneficially own the premises for which a license is sought, or does not have a lease for the full period for which the license is to be issued. 7. Any employee of the Village of Mount Prospect, the Village President or member of the Board of Trustees. 8. A person not eligible for a State retail liquor dealer's license. 91 A person who is not an owner of at least fifty percent (50%) of the business to be operated by the licensee. 10. An individual who has been found guilty of a gambling offense as prescribed by, any Subsections (a)(3) through (a)(10) of Sectn 28-1 of,, or as prescribed by Section 28-3 of,, the Criminal Code of 1961, approved July 28, 1961, as heretofore amended, or as prescribed by a statute replacing any of the aforesaid statutory provisions. 11. A person to whom a Federal gaming device stamp or a Federal wagering stamp has been issued by the Federal government for the current tax period. 12. A co -partnership to which a Federal gaming device stamp or Federal wager -ling stamp has been issued by the Federal Government for the current tax period,, or if any of the partners have been issued a Federal gaming device stamp or Federal wagering stamp by the Federal Government for the current tax period. 13. 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Tldtuoo 4T ssaTun pansST aq ALM' aSUa;DTT Otq) :sUO,T4e0,TjTSGpT0 ]5u'TMOTTOJ a114 04UT PaPTATP aq TTeqs 0 1V66T pansST SaSUaOTT P9MaUaj 10 pajlajSUpjq 'Mau TTV IT adAq DTgToads, aL14,, pup j� *pT,os aq Apw qT q0TqM IP SS9UTsnq go onbTj, ojToq�ooTp go OTgToads aqj, 90 iklaAT 4 1 Jal0ele,40 pup adAq Ta;P Put� 9TPS, aqq 6UT Z Tjaqjne 9SU90TT ager JonbTj aqjdojdde aq,iR j, PaUTe,qqo, Aieq T 9T?q * -4sJ* ' TT s 96VTT�A aqq UT 10,nb,rT, OTTOqOOTe 90 ales TT1e4aJ - 914:1 UT pa6P6ua uosiad 4.19A,a UO-r1j,oasqnw -S go sjaq qq:j jgpu* n 94Tuijad UT,P4Ja3 go aouenSST a144 JOJ PaPTAOjd aq Apw sp qdaoxa IV d OSITMJOd PUP SOSUaDTrl OLOT*ET aaaS or emiployeeof the club 'I's paid, or directly receives, n the form of salary or other compensation, any profits from the distribution or sale of alcoholic liquor to the club, or its members, or guests beyond the amount of such salary as may be fixed and voted at any annual meeting by the members or by its Board of Directors or other governing body out of the general revenue of the club. (Club license) CLASS "E" licenser for issuance to caterers, which shall authorize the licensee to sell and offer for sale at retail,, in the premises specified in the license alcoholic liquor for consumption on the premises where sold. Consumption of alcoholic liquor at or over a bar shall be permitted, but all consumption shall be limited to those patrons who are invited guests and dining on the premises specified in such li,cense. (Catering license) CLASS "F" license, which shall authorize the licensee to sell and offer for sale at retail, alcoholic liquor for * consumption on, the premises where sold, and only in con3unction with the operation of a food service court located in a shopp 1 , in g mal 1 Any consumption of alcoholic beverages shall be limited to those patrons who are dining 'in a, specified area of °the food service court. The specified area shall be separate from but contiguous to the main food service court, and shall not exceed eight thousand (8,,O,OjO) square feet in total floor area. The premises shall be maintained,, as an area separate and apart f rom the general shoi pping mall with definite and restricted points of ingress and egress prohibiting the removal of alcoholic beverages from this specified area. (Food Court license) GLASS "G" license, for issuance to park districts only which shall authorize the licensee to sell and offer for sale at retail for consumption on the premises specified in the license application, beer and wine only, Additionally,other alcoholic beverages may be I served at special, events up to thirty j(30) times per year provided 'that the Village Manager s ha 11 be notified, in wrliting, of each special, event at least five �, *: (5) days, in advance of the, event,, Th'is Class "GIO license shall permit only the park district, its agents or employees to sell or deliver an, alcoholic beverage and shall not permit other parties using park district facilities to sell or deliver alcoholic beverage's. (Park District license) CLASS "H" license, for issuance to supper clubs, which shall authorize the licensee to sell and offer for sale at retail, alcoholic liquor for consumption on the premises where sold. The licensed premises shall have a total floor area of not less than five thousand five hundred (51500) square feet. Consumption of alcoholic liquor at or over a bar is specifically prohibited for this Class of license. At the minimum, food service such as hot or cold sandwiches or similar food items shall be offered at all times when alcoholic liquor is served. Such a club must have an adequate and sanitary kitchen and dining room equipment and capacity and have employed a Sufficient number and kind of employees to prepare, cook and serve a suitable full-service food menu and provide suitable entertainment for its guests. Drink minimums, such as those requiring patrons of a supper club to purchase one or more alcoholic beverages as a condition of entrance to the premises are specifically prohibited. The live entertainment at a supper club must meet all requirements of the Village of Mount Prospect and the State of Illinois. (Supper Club with entertainment license) - 10 �- CLASS I'M" license, for issuance to hotels, motels, motor inns or motor lodgeg.; which shall authorize the licensee to sell and offer for sale at retail,, in the premises specified in the license, alcoholic liquor to guests of the hotel, motel, motor inn or motor lodge in the rooms, occupied, by guests on the premises. If a restaurant and/or lounge is operated on the � ,premises of the licensee, the licensee may also sell, alcoholic beverages to patrons of the restaurant under such terms and conditions as may be determined by the Local Liquor Control Commissioner or if no specific terms are determined, according to the regulations governing restaurants and lounges. (Hotel license) CLASS "P" license, which shall authorize the licensee to sell and offer for sale at retail, at the premises specified for such license, wine and beer in the original package. Consumption of wine and/or beer (including samplings) upon the licensed premises is strictly prohibitedo (Wine and Beer Package license) CLASS "R" license, for issuance to restaurants,, which shall authorize the licensee to sell and offer for sale at retail, alcoholic liquor for consumotion on the premises where sold. Consumption of alcoholic liquor at or over a bar is specifically prohibited and, any consumption of alcoholic beverages shall be li'mited to those patrons who are dining in the restaurant. (Restaurant only license) CLASS 'IS" license, for issuance to restaurants maintaining a separate lounge area as an incidental and accessory use, which shall authorize the licensee to sell and offer for sale at retail,, in the restaurant portion of the premises specified in the license, alcoholic liquor for consumption on the premises only with meals, and in the lounge � portion of the premises , specified in the license, alcoholic liquor for consumption on said premi'sesr with or without the service of food. The premises licensed herein shall be primarily devoted to the preparation, cooking and serving of meals and the lounge area shall contain less than twenty five percent (25%) of the floor area of the premises and shall not be d.-Lvided into two (2) or more locations within said premises. Full food service including dinner and,/or luncheon menus, shall be -- e* offered at all times while alcoholic liquor (Restaurant with lounge license) is served. CLASS 'IT" license, for issuance to bowling alleys, which shall authorize the licensee to sell and offer for sale at retail alcoholic beverages, in the lounge, for consumption on the premises where sold. The premises must in fact, operate as a bowling alley and offer their patrons full bowling facilities with alcoholic liquor service incidental, to bowling. The lounge area of such premises licensed herein shall contain less than, twenty five percent (25%) of the floor area of the premises and shall not be divided into two (2) or more locations within said premises. Food service shall be available to patrons at all times when liquor is served. (Bowling alley license) CLASS 'IV" license, shall authorize the licensee to sell and offer for sale at retail, in the premises specified in such license, wine in its original package only but not for consumption on, the premises where sold. Samplings of wine in conjunction with sales promotional efforts shall be allowed pursuant to the regulations contained in Section 13,,116 of this Chapter. (Wine only license) CLASS "W" license, for issuance to restaurants, which shall authorize the licensee to sell and offer for sale at retail, beer and wine for consumption on the premises where sold. Consumption of alcoholic liquor at or over a bar is specifically 'Prohibited and any consumption of beer and wine shall be limited to those patrons who are dining in such restaurant* (Restaurant., wine and beer only license) CLASS "XX" license. Nothing in this section shall prevent the Corporate Authorities from creating, from time to time, conditional licenses which are based on the license classifications set forth above, but which contain additional conditions and restrictions. These licenses with special conditions, while created by the Corporate Authorities, shall rema, ' in subject to issuance by the Local Liquor Control, Commissioner. (License with special conditions). 2 All Class "Sl" licenses are for Class "S" licenses which were originally issued prior to March 4, 1986 and subsequently renewed by that licensee and shall be defined as follows: CLASS "Sl" license, for issuance to restaurants maintaining a separate lounge area as an accessory use, which shall authorize the licensee to sell and offer for sale at retail, in the restaurant portion of the premises specified in such license, alcoholic liquor for consumption on said premises only with meals, and in the lounge portion of the premises specified in such license, alcoholic liquor for consumption on said premises,, with or without the service of food. The premises licensed herein shall be primarily devoted to the preparation, cook,,1"'n,g and serving of meals and the lounge area, shall contain less than 'twenty five percent (25%) of the floor area of the premises. (Restaurant with lounge license, pre -1986) 3. Each such licensee shall pay an annual fee for such license in the amount set forth below: License Classification Annual License Fee Class A $ 21500.00 Class B 2F000.00 Class C 2r000.00 Class D 750.00 Class E 21000.00 Class F 2t000.00 Class G 750.00 Class H 21000.00 Class M 2,500.00 Class P 11750.00 Class R 2r000.00 Class S & Sl 2,500.00 Class T 2,500.00 Class V 11500.00 Class W 1r500.00 Class XX 2,500.00 Management entity 750.00 B The Local Liquor Control Commissioner may grant a daily permit to any nonprofit organization or club located within the Village such as a church, fraternal order or lodge, veterans organization, civic organization, fire department, or other similar organization, authorizing the sale of alcoholic beverages at any picnic, carnival, or similar function sponsored or given by such organization. No more than twelve (1,2) such dally permits shall be issued to any one such organization during the period of one year. C The Local Liquor Control Commissioner may grant a daily special event permit to the Mount Prospect Library Board of Trustees authorizing the sale or delivery of alcoholic beverages for consumption on the premises of the Mount Prospect Public Library, Ten South Emerson Street, D. The restrictions on a particular license classification shall be binding on the licensee and no premises may be operated in violation of the class 'if ication restrictions. Sec. 13.108. Dumber of Licenses, A. Neither the Local Liquor Control Commissioner nor any other person or entity may issue liquor licenses in a number that is in excess of the number authorized by the Corporate Authorities. An up to date schedule of the authorized number of licenses available in each class *if icat ion shall be maintained by the Village Clerk for the Local Liquor Control Commissioner. B. Upon the alienation, sale, transfer, assignment or donation of the business that underlies the license to any third party or person other than the licensee, the liquor license shall automatically bEcome void and the number of available licenses listed in Subsection (A) shall automatically and immediately be reduced by one. C* Any licensed establishment that has discontinued the sale or service of alcoholic liquor or that has not been open for business at least four (4) days per week for!' a period of thirty (30) days, or, more sh�all automatically forfeit its license. Upon, forfeiture of the license, the number of available licenses listed in Subsection (A) shall automatically and immediately be reduced by one, D. If any class of license permits alcoholic liquor to be sold or purveyed in more than one manner (such as in its original package for consumption off premises and also not in its original package for consumption on premises) and the licensee ceases for more than ninety (90) days, to offer alcoholic liquor for sale or purveyance, in one or more of the ways specified in the classificit ion, then that license shall autom,at,ically by operation of law,, without any formal action of the Local Liquor Control Commissioner, become that class of license with which the licensee's sales activities are consistent. Sec. 13.109. Disposition of Fees, All fees shall be made payable to the Village and submitted to the Local Liquor Control Commissioner at the time application is made . The fee shall, be immediately turned over to the Finance Department. In the event the license applied for is denied, the feet except for the non-refundable application fee, shall be returned to the applicant; if the license is granted, then the fee shall be deposited in the General Corporate Fund or in such other fund as shall have been designated by the Roard of Trustees by proper action. Sec. 13.110. Application Process Completed. - 13 - Sec. 13.111. Compensation, Powers •and Duties of Local Liquor Control Commissioner,, A, The Local Liquor Control Commissioner shall receive as compensation the sum of three thousand dollars ($3,000.00) annually, payable in twelve (12) equal, monthly installments. B. Any change in the compensation or fringe benefits provided for the 'Local Liquor Control Commissl' on,er shall, be made by ordinance adopted not less than one hundred twenty (1,20) days nor more than one hundred fifty (150) days prior to the date set for the election of the Village Trustees. C. The Local Liquor Control Commissioner shall have all of the powers, functions and duties delegated to that office by the 111inois Compiled Statutes and the ordinances of the Village. This shall include, but in no way shall be limited to, the power to require any licenseeo, at any t1me, to produce, any and al,l records, that directly or indirectly relate to the operation of the li"censeells premises. D, In addition to any other powers set forth in, this Chapter 13, the Local Liquor Control . Comm i s Is i I oner may Imumeddiately suspend,,f pending a hearing wit#,hi 'n fifteen ('15) days, the I i prIvilege of delivering alcoholic beverages of any liciensee, who does not display a currently valid state or local liquor) license or who in, the JudgMent of the Local Liquor Control. Commissioner is operating the business 'in, such a manner'' as, 'to endanger the health or safety of patrons of the premises or of the community. Sec. 13.112. Penalties Upon Heari*ng Before the Local Liquor Control Commi , ssioner. A. Af ter a hearing on any alleged violation, if the Village President, as Local Liquor Control Commissioner, f inds that there was any violation of the ordances of -the Village or I statutes of the Stater or that there was any other activity or omission of the licensee for wh,ich a penalty should, be im osed, the ocal Liquor, Cont, ol Co j P r Mmissionver may suspend or revoke any retail, liquor dealer's 1,111censes, or may finei t h li ce n s ee . The �fine May be in addition, to a revocation or suspension, 1* If the Commissioner decides to suspend the license, the term of the suspension shall not be less than one day nor more than thirty (30) days. 2. If the Commissioner elects to fine the licensee, the amount of the fine shall not be less than fifty dollars ($50.00) nor more than two thousand, five hundred dollars ($2,500.00). However, any failure of a license to fulfill an affirmative duty set forth in this Chapter 13 shall subject the licensee to a mandatory minimum penalty of five hundred dollars ($500.00). 3. If the Comm, issioner finds the licensee to be guilty of any charges, the licensee will be responsible for all costs incurred for a hearing before the Local Liquor Control Commiss# I ionerr including, but not limited to court reporter fees, witness fees and attorneys fees. This shall be in addition to any other penalties assessed against the licensee. B. All proceedings before the Local Liquor Control Commissioner shall be recorded and placed in a, certified official record of such proceedings taken and prepared by a certified court reM!rter. C* The appeals procedure as set forth by the President and Board of Trustees of the Village under Resolution 3-72 of the Village are as set forth in this Section, including: In the event of any appeal from an order or action of the Local Liquor Control Comm.issioner, the appeal to the Illinoi's State Liquor Commiss,ion shall be ed to a, review of the official re -cord of the proceedings before the LNIM ical, Liquor Control Commissionler, The only evidence which, shall be considered lin the review by 0 1 hall be the evidence found in said a Stte Commission s the certified official record of the proceedings of the Local Liquor Control Commissioner. 2. At such time as the Local Liquor Control Commissioner receives notice of an appeal, the Local Liquor Control Commissioner shall file with the Illinois State Liquor Commission the certified official record of the proceedings. The State Commission shall review the propriety of the order or action of the Local Liquor Control Commissioner on the certified official record as provided by law. Sec. 13.113. Transfer of License. A. A license shall be purely a personal privilege, good for not to exceed one year after issuance, unless sooner revoked as set forth in this Chapter. The license shall not constitute propertyt •nor shall it be subject to attachmelntf garnishment or execution, nor shall it be alienable, voluntarily � or involuntarily, or subject to being encumbered or hypothecated. The license is not transferable, either for consideration or not for consideration. As to a closely held corporation, an illegal transfer will be dpemed to have been attempted and the license shall become null and void if any person owning twenty percent (20%) or more of the stock transfers the stock to another person who previously held less than fifty percent (50%) of the stock,, As to a public corporation, an illegal transfer will be deemed to have been attempted and the license shall become null and, void if there has been, a buy out, a, takeover or any other transaction 'involving the sale or transfer of more than fifty percent (50%) of the stock or assets of the corporation. A license issued to an individual or a partnership shall cease upon the death, of the licensee or a partner of a licensee and shall, not descend by , the laws of testate or ' intestate devolution. However, the executors or administrators of the estate of any deceased licensee, and the trustee of any insolvent or bankrupt licensee, when the estate consists in I Part of alcoholic li• quor may,, upon written notice to the Local Liquor Control Commissioner, continue the business of the sale' of alcoholilc liquor under the order of the appropriate court. In such cases, the executor, administrator, or trustee may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of decedent, or such insolvenc,Y� or bankruptcy until the expiration of the license,, but, not longer than six (6) months after the death, bankruptcy or insolvency of the licensee. If a corporation to whom a license has been issued is ord-,--tred into receivership or files for bankruptcy,, the receiver or trustee may continue the operation, of the business under the, existing license under order of the appropriate court until the expiration of the license or until the passage of six ( 6 ) months from 'the date of appointment of a receiver or trustee whichever comes, first. Upon the death of any person owning five percent (5%) or more of the shares in a closely held corporation, the Local Liquor Control Commission shall be notified and if the shares are transferred to a person who is not currently named in the application as a shareholder, then the licensee shall apply for a new license. - 15 - -, 9T - atp 6UTMOTTO3 go pasodSTP aq TTPqs q3T !6UTTdwes qM J9UTPqUO3 asn aTbUTS e LIT P9Ajas aq * 3 I TTeLls aTdwes aLijj !aouno auo paaoxa 4ou Apw lenpTATPUT up 4q paTdwes 9UTM J0 JonbTT .0 TTOqO0-(P go :.*Haute * TpnqoP aql *q pale Pa4PU5TSaP P LIT !SasTwaid PaSU90TT a4l UO ATUO PUP 99AOTdwa a*WTj-TTnj e req P9STAladns Pue PaPuaqqP aq TTPLIS 6uT.Tdw-pS aql •e : SU0T4P4TWTT PUP SUOT4TPUO3 6UTmOTTO3 aq4 apnTOUT T-Eeqg *4T lad P.qonS •S9STU19Jd Pa Sua3T. T aqq U0 6UTjjn,00O sjJojja TPUOTqowojd S9TPS q4TM UOT4ounCuo3 LIT t -Euo sasodind 6UTj:dwPS JO squnowe Pa TWT T PUP TI1"pWS UT 99SU90TT Lions Aq JonbTT 0TT0tIO:)Te JO 'abjeI40, jno,q-4TM. 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There shall be no advertising of the availability of "sampling" by advertising materials visible outside the licensed premises; and e. There shall be a permit fee of ten dollars ($10-00) per day for the issuance of such permit, 2. It shall be unlawful to consume or permit the consumption of alcoholic beverages in public restaurants, catering establishments or other places of public gathering not having the appropriate liquor license, 3. It shall be unlawful for any licensee to sell and/or offer for sale at retail alcoholic liquor in other than its original package, except for consumption on the premises where sold. Sec. 13.117. Restrictions on Premises. A. No license shall be issued for the sale at retail of any alcoholic liquor within one hundred feet (1,00") of any church, school, hospital, homer for aged or "Indigent persons or for veterans, their spouses or children or any military or naval station or any underta * ,king establishment Or mortuary. This prohibition shall not apply to motels or hotels offering restaurant service, regularly organized clubs, restaurants, food shops or other places where the sale of alcoholic liq-"-ors is not the prii,ncipal business, if the place of business was established for such other principal purpose prior to March 18, 1975. B. The display and sale of alcoholic liquor in its original licit 1* IN package under a Class license in premises where any other commodities are sold or offered for sale, shall be conducted only in a portion of the premises set aside or physically separated from that portion of the premises used in conjunction with the display or sale of such other commodities. The sale of tobacco products is not subject to this separation requirement. C. Notwithstanding any provision of this Chapter 13 to the contrary, it shall be unlawful for a Class licit licensee who sells alcoholic liquor as a part of, but not as, its principal business and whose business premises exceed five thousand {5,,000) square feet,, to consummate the sale of alcoholic liquor except at a counter with a cash register designated to be used for sale of alcoholic liquor and which cash register is operated by a person of at least nineteen (19) years of age, No more than two (2) cash registers may be designated for the sale of alcoholic beverages and to the extent practicable shall be separated from the remaining cash registers and checkout lines in the establishment. D Notwithstanding provisions of Chapter 14 (Zoning ordinance) or Section 9.115 of Chapter 9 (Streets and Sidewalks) it shall be unlawful for any licensee to service or permit the consumption of alcoholic beverages in any outdoor area when any portion of the area is located within three hundred feet (3001) of any residential zoning district in the Village of Mount Prospect. Provided, 'however, that any licensee that commenced the conduct of business in an outdoor area within three hundred feet (3001) of a residential zoning district prior to January 1. 1989, may continue to operate the outside service area according to the following schedule: service of alcoholic liquor to any outdoor area of a licensed premises shall be prohlbited after nine thirty o'clock (9:30) p.m. and the outdoor area must be closed and empty of patrons by ten o'clock (10:00) p.m. - 17 - qec. 13.118. Closing Hours; Sunday Closing. B It shall 'be unlawful for an,Itcl ,y licensee holdi'ng a Class liquor license to sell or offer for sale any alcloholi liquor in the Village between �the hours of one o'cliock to eight oliclock, A - ) a.m., on Monday through Frida i ncl 1, u s' ve F 1 , between the hours of two oliclock j(2:00) a.m. an ,eight o'clock (8,:, 0 a, 0 , m. on Saturday- between the hours o two Oclock (20-010) al.m,o and twelive o"clock (120 0) noon o Sund& i- and o January l of each year said closing hour yl n shall be from four oclock, (4* ­00) -a.m. to twelve o1cloc (12:00) �noon,, C. It shall be unlawful for any licensele holding a Claiss 11G liquor license to sell or offer for sale any alcoholi liquor at retail iin the 'V'i ' llage or to permit a,",ny person t consume any alcoholic j* iquor in or on any premises for whic a license provIdIng for consumption on the premises has bee issued o�ther than, between eleven o'clock a.m. an • ten 0"Clock (10-00) p. M, on Monday through day A inclusivef between the hours of elleven o'clock (11:00) a.m, on Saturday and two O'clock (2-00) la.m. on the followl"n Sunday; and between the hours ofitwelve o1cliock (1,2* -00) noo and ten o'clock (10:00) p.m. on Sunday, Sec. 13.119. Peddling. It shall be unlawful to peddle alcoholic liquor in the Village. Sec. 13.120. Compliance with Building, Sanirtary, Safety and Other Regulations, of the Village. All premises used for the sale of alcoholic liquor, or for the storage of such liquor for sale shall to kept in full C Ml= compliance with all other regulations of the Village, including but not limited to those relating to the storage or sale of food, sanitary conditions and safety conditions. Sec. 13.121. Live Entertainment, Live entertainment shall not be permitted on any licensed premises except for a holder of a Class H license or by special resolution of the Corporate Authorities. The use of a disc jockey to play pre-recorded music shall be considered live entertainment. Sec. 13.122. Prohibited Conduct. The following kinds of conduct are prohibited on premises in this Village which are licensed to sell alcoholic liquor: A. The performance of acts,, or simulated acts, of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. B. The actual or simulated touching, caressing or fondling of the breasts, buttocks, anus or genitals. — 19 1- 1. Prior incidents of reported or unreported fighting. 2. Whether any fight participant was intoxicated and the extent to which the intoxication occurred on the premises. 3. Whether any participant, was served by the licensee after the participant's intoxication should have been evident to the licensee. If 4. Whether any participant was intoxicated and whether the licensee had an opportunity to affect that person's removal from the premises. 5. The degree of expediency the licensee observed in calling the police when it should have been evident that a fight was imminent. 6. The actions of the licensee in reacting to the fight. 7. The extent and type of training given to the licensee's employees in such matters as recognizing intoxication, overserving and prevention of altercations, B. Whether minors were involved in the fighting, 9. The sufficiency or number of persons on duty and employed by the licensee at the time of the fight. Considering all of the circumstances, brought into evidence at the hearing, the Local Liquor Control Commissioner shall make a determination of whether the licensee violated the "maintenance of order standard." If it is determined that a violation occurred, the Local. Liquor Control Commissioner may impose any penalty set forth in, Section 13.112 of this Chapter up to and "including license revocation, D. The following procedure shall be observed by a licensee with respect to fighting: 1. The licensee or the licensee's agent or employee on the premises shall notify the Village Police Department immediately when the licensee knows, or in the exercise of ordinary judgment should know that a fight is occurring or imminent. 2. In addition, within forty eight (48) hours of the occurrence,, the licensee shall file with the Village Liquor Control Commissioner a report on a form provided by the Village containing the following information: a. The number of the persons involved in the fight; b. The approximate amount of alcohol consumed at the premises by each person involved in the fight; C. What action, if any, was taken by the licensee to prevent the fight; d* What action, if any, was taken by the licensee subsequent to the start of the fight; e. The licensee's opinions as to why the fight occurred. E. Failure by the licensee to give immediate notification to the Mount Pros, ect Police Diepaft ent of a fight on a P m licensed premises or failure to file a report as required in Subsection (D) with the Liquor Control commissioner shall subject the licensee to a mandator'y fine of $500 and a possible suspension or revocation of the Village liquor license. For purposes of this Section the word, "immedlate" shall refer to such time as one Party threaterls another or commences fighting with another. '- 20 - Sec. 13.124. Dram Shop Insurance, Every 11*censee shall 'be required to obtain and maintain Dram Shop insurance coverage and every Person who owns, rentso, leases a as lessor or permits the occupation of any building or premises iquors are to 'be sold there, or, with knowled) that alcoholic li who leases the premises for other purposes but knowingly permits the sale of any alcoholic liquors.. shall be required to carry host liability insurance coor such facility,., Each shall carry coverage in an amount at least equal to the maximum ,insurance limIts of exposure set forth in the Illinois Compiled Statutes,, 6-21 235* Sec. 13.125. Conduct of Employees and Agents. The following shall apply to employees and agents of licensees: A. Any act or failure to act of an employee of either the licensee or a management company with respect to the licensed business shall be deemed to be the act of the licensee. B. No employee may consume or be permitted to consume any alcoholic liquor on the licensed premises while on duty or while performing any duties of employment. C, No person, including any employee, managerr, owner or agent of the licensee may consume alcoholic liquor on the licensed premises before or after the permitted hours of operation. Sec. 13.126. Sale to Intoxicated Persons; Habitual Drunkards, Others. It shall be unlawful for any licensee to sell, deliver or give any alcoholic liquor to any of the following: 1. An intoxicated person; 2. A person known to the purveyor to ber a habitual drunkard; or 3. A person ' rson known to the purveyor to have been involved previously in a fight in the establishment. Sec. 13.127. Prohibited Sale or Promotion of Alcoholic Beverages. A. All licensees selling alcoholic beverages to be served and consumed on the licensed premises are prohibited from engaging in any of the following practices: 1. Delivery of more than two (2) drinks to one person at a time even if the drinks are supposedly purchased for more than one individual. 2. Sale, offer or delivery to any person,, an unlimited number of drinks during any set period of time for a fixed price, except, at private functions not open to the public. 3. Sale, offer or delivery or drinks to any person or group of persons on any one day at prices less than those charged to t'he general public during the same calendar week, iexcept alt private functions not open to the publ'ic. 4. Increasing the volume of alcoholic liquor contained in a drink without increasing proportionately the price otherwi*,se charged for such a drink during the same calendar week. - 21 - 5. Encouraging or permitting any game or contest which involves drinking or the awarding of drinks as prizes on the licensed premises. No licensee shall advertise or promote in any way, whether within or without the licensed premises, any of the practices prohibited under this Section. B. The Prohibition contained in this Section shall not prevent liquor licensees from: 1. Offering free food or entertainment at any- time . 2. Including a drink as part of a meal package. 3. Free wine tasting as permitted by Subsection 13.116(8)l. 4. Offering room service to registered guests in hotels licensed for such services. Sec. 13.128. Prohibited Sale of Refrigerated Alcoholic Liquor in Single Containers, Any licensee holdg a Class "A". oil C It or "'Vit 1;i quor license shall be prohibiited from siel ' ling or offering for sale single containers of riefrigerated or chi'lled alcoholic ,liquor for consumption on the premises 'where sold, where the single container has a capacity of less than seven hundred fifty milliliters, Sec, 13.129. Regulations with Respect to Underage Persons. Nothing in this Section shall prohibit any persons under the age of twenty one (21) years but at least nineteen (19) years of age from delivering alcohol to customers of a Class D, Ej, F, Go, Hr M, P, Ry St Sl, or W license holder. A. It shall be unlawful for any holder of a retail liquor dealer's license to allow any person, 'under the age of twenty one (21) years to be or remain in any room or compartment adjoining or situated in the room or place where such licensed Premises is located; provided, that this Subsection shall n,ot,, apply to any person under age who is accompanied by hi's or her parent 'in, a premises holding a D, Ef Fy Gr H, Mr P�r Rr S, SIF T, V or W license. However,, no underage person shall be allowed, to remain in the lounge area of a Class "S" or "Sl" license holder. B. It shall be unlawful for any person to whom, the sale, gift or delivery of any alcoholic liquor is prohibited because of age to consumer purchase, accept a gift of or have such alcoholic liquor in his or her possession. The prohibitions set forth in this subsection (B) shall not apply in the circumstances described in Section 13.130(C)(1) and (2). If a licensee, in the exercise of ordinary judgment, should have reason to believe that a sale or delivery of any alcoholic liquor is prohibited because of the age of the prospective recipient, the licensee shall, 'before making such sale or delivery,, demand presentatl''on of a form of Posve idencation,, containing proof of ager issued by a public off icer in the performance of his or her of f icial duties. (See Section 13.131) D. No person shall transferr, alter or deface any identification card; use any identification card of another; carry or use a false or forged identification card; obtain an "dentification card 'by means of false information; or 1, Otherwise misrepresent age for 'the purpose of purchasing or ,Obtaining alcoholic liquor in, the Village of Mount Prospect. (See Section, 13.131) - 22 - V E. In every place in the Village where alcoholic liquor is sold there shall be displayed at all times in a prominent place a printed card which reads substantially as follows: "UNDERAGE DRINKING" If you a,re under 21,, you are Subject to a, mandatory f 010.00 if you purchase any alcoholic liquor. If you misrepresent your age for the of purchasing or obtaining any alcohol-ic li"quorr you will also 'be sub`ect, to, re,s I, J tr*cted driving priivileges within the Village of Mount Prospect. If youbu-y for or deliver an alcoholic beverage to an under,age person, you will be subject to a mandatory fine of $1,000.o1,, Sec. 13.130. Consequences of Facilitating the Use of Alcoholic Beverages by Underage Persons. A. Delivery of Alcoholic Beverage to an Underage Person. it shall. be unlawful for any person, regardless of relationship, age or circumstances, to deliver any alcoholic beverage to any underage person, except as set forth in Subsection (C). B. Use of Premisesfor-Consumption of an Alcoholic Beverage. It shi1l be unlawful for any person to knowingly permior to knowingly or neglit, gently fail to prevent, on premises under his or her control, the consumption of an alcoholic beverage by an underage person. This Section shall apply to both residential and commercial premises. 0 CO Exceptions. Subsections (A) and (B) of this Section shall not apply in the following circumstances: 1. The performance of a bona fide religious service. 2. The delivery of an alcoholic beverage within the home to an underage person, by and under the direct supervision of that underage persons' parent. However, the following rules shall be applied to this Subsection (C)2: a. In any prosecution of an underage person for the commission of any State or local offense, the prosecutor, upon reasonable grounds,'ay request a ruling and the court shall rule as to whether the consumption of an alcoholic beverage, as permitted by the parent,, was a contributing factor to the commission of the offense. If it is so determined in the affirmative, then the penalty set forth in Subsection (D) of this Section shall apply. For purposes of this Subsection, the consumption of alcohol may be determined to be a contributing factor i f it had the effect of substantially causing an impairment rm,ent to the person as impairment is defined in this Chapter. It need not be shown that, but for the consumption of alcohol, the offense would not have been committed. b. The parent shall remain vicariously liable as set forth in Subsection (E) of this Section. Do 'Penalty. Any person found guilty of violating Subsection (A) or (B) of this Section shall be fined in the mandatory amount of one thousand dollars ($1,000.00). E. Vicarious Liability of a Parent or Other Person Facilitating the Use or Abuse of Alcoholic BeveraAes. The following persons shall, be liable to any individual who has been injured by an alcohol impaired underage person when the impairment is a contributing cause of the injury: - 23 - 1. Any person who delivered or permitted the delivery of an alcoholic beverage to the underage person. The person making or permitting the initial delivery to an underage person remains liable to anyone injured by the same or different underage person regardless of how many times the alcoholic beverage changed hands. 2. Any person in control of a premises, who knowingly or negligently fails to maintain supervision to such an extent that an alcoholic beverage is consumed on the premises by an underage person,,,, 3. Any person who knowingly or negligently allows the operation of a motor vehicle under his or her control by an underage person, when the person knew or in the exercise of ordinary judgment should have known that the underage person was either impaired orthad consumed any amount of alcohol within two ( 2 ) hours prior, to when the allowance to drive occurred. The vicarious liability established by this Section shall not be subject to the limitations on damages as set forth in 235 Illinois Compiled Statutes 5/6-21, Sec. 13.131. Use of False Identification. Any underage person found guilty of attempting to obtain delivery of an alcoholic beverage by use of false 'Proof of age shall be subject to a mandatory fine of five hundred dollars ($500.00). If the false proof of age was an improperly used driver's license, the person so using It shall not be permitted, for a period of six (6) months, , to operate a motor vehicle within the corporate limits of the Village of Mount Prospect unless accompanied by a licensed driver over thirty years of age. (See Section 13.135). Sec. 13.132. False Identification not a Defense. It shall not be a defense to any action brought civilly or administrati'vely against any liquor licensee or any other person charged with the delivery or any alcoholic beverage t, o an, underage person that such a person, I oduced fals-- pr ident liticat ion or proof of age, The person or persons hearing and deciding the charges may consider such a claim when determining 'the penalt,y to be assessed or the apportionment of damages. Sec. 13.133. Operation of a Motor Vehicle While in a State of Impairment. It shall be unlawful for any underage person to operate a motor vehicle on a street or highway of the Village while, in a state of impairment due to the consumption of an alcoholic beverage or with any alcohol at all in his or her system. For purposes of this Section only, operation of a motor vehicle shall have the definition ascribed to it under the Illinois Vehicle Code rather than the definition set forth in Section 13.101 of this Chapter. Sec. 13.134. Operation of a Motor Vehicle by Underage Persons with an Alcoholic Beverage in or on the Vehicle; When the Underage Person is Impaired Due to Alcohol or has Alcohol in the system or is Operating the Vehicle in Violation of a Restriction Pursuant to this Chapter. The following shall apply when any underage person is found in the Village, operating any motor vehicle in which or on which is found any alcoholic beverage, or when the underage person is C MM in a state of 'Impairment due to consumption of alcohol or to have alcohol in the system or is found operating a motor vehicle in violation of a, restriction pursuant to this Chapter: A. The motor vehicle shall be subject to immediate impoundment by the Police Department. Bo The following factors shall not be considerations in determining whether or not to impound the motor vehicle: 1. Whether the alcoholic beverage is in an opened or an unopened container. 2. Whether the operator is the owner of the alcoholic beverage in the vehicle. 3. Whether the operator had knowledge of the existence of the alcoholic beverage within the motor vehicle. C. Upon impoundment, the motor vehicle may be released only to another person showing proof of ownership or lease rights to the motor vehicle. If the underage operator is the owner or, lessor of the vehicle;, then the vehicle may be released only to a parent or spouse of the underage owner, If the 'underage person, has no parent, or spouse liiv*n,g in the 'mm,ediate area, the vehicle may be released, upon satisfactory proof of such factr as set, forth in subsection (D), D The motor vehicle may not be released to any person who was a passenger in 'the motor vehicle at the time the alcoholic beverage or impairment was found unless at least twenty four (24) hours have passed from the time of the findinq. E, The vehi"cle shall not be released u,ntil the Person seeking the release has paid an admi''nistratilve fee of two hundred fifty dollars ($250.OIO�) to !the Police Department, plus any towin��g o�,r storage costs, F, If the o erator J p is subsequently found gu"ity of driving w*t open * alcohol in a Motor vehicle or posse,sslion of alcohol b a minor or of o e r, a ti p ing a motor )vehicle while impairle pursuant to Section 13,133 of this Chapter, 'that pers)o i shall not be permi,tteifor a prid of six (6) months to operate a Imotor vehicle within the limits of thVillage oil N4 eo e Mount Prospect unless accompanied by a licensed driver ove, thirty years of age,. V G. The above obligations and Penalties shall be in addition to the penalties 'that may be assessed in a court of law for any charges incident to 'the stop., H. Any law enforcement off licer, the Po Ice De, artment and the Village and any of i , l' P itS, officers or agents shal 1 be absolutely immune from any liability or liability of any kind or nature for th, r exposu r e to e enforcement or Implementation of this Section. lop OCK z j. IF liq - 25 - Village limits; (d) a notice that the operator has the right to requesit a hearing within ten (10) days to determine the validity of the restriction. The valid1tY of the restriction may be challenged only on the )Nip; round,s that the person was not the actual person found guilty or that there was no finding of guilty for the underlyIng offense. B. The hearing shall be conducted by a supervisory member of the Village Of Mount Prospect Police Department as appointed by the Chief of police whose determination shall be final. Sec. 13.136, Penalty for Violating Driving Restriction A. Restriction. No person shall operate and no person, including a parent, shall permit another to operate a motor vehicle within the corporate limit's of the Villae in g violation of the restrictions set forth in Sections 13.130 or 13,134(F), B. Penalty. Any person found 9'ulltY Of violating "'this Section shall be fined in the mandatory amount of five hundred dollars ($500.00). Sec. 13.137. Penalties; General. PASSED: This day of r 1994. AYES: NAYS: ABSENT: PASS: APPROVED by me this day of 1994. President of the illage of Mt. Prospect ATTESTED and FILED in the Office of the Village Clerk this day of -1 1994. V i 11 —ag—e--C -, 26 � VILLAGE OF MOUNT PROSPECT PLANNING DEPARTMENT Mount Prospect, Illinois TO: MICHAEL E. JANONIS9 VILLAGE MANAGER FROM: WILLIAM J. COONEY, JR., DIRECTOR OF PLANNING DATE: JUNE 1, 1994 r Attached is a copy of a cover letter from Douglas Mennie, Executive Vice President for Cummins - Allison, requesting approval, for a Cook County 6-B Property Tax Assessment. I have also attached a copy of Cummins-Allison!s brochure which provides details on its operations. Cummins Allison is a manufacturer of high quality office and banking equipment. Cummins -Allison was among the first corporations to locate at the Kensington Business Center. They are currently located at 891 Feehanviffe Drive and occupy a 65,000 sq. ft. facility. They have experienced significant growth over the past four years and they are considering expanding their facility by 55,000 square feet. The addition would be utilized primarily for the manufacturing component of their operation. Cummins -Allison's Mount Prospect location is their primary manufacturing plant employing 150 individuals. The requested 6-B Assessment would only apply to the addition., Therefore, all current property taxes paid by Cummins -Allison would continue at the full manufacturing assessment level. 1W. Mennie stated that they paid approximately .$2 million in sales tax and $125,000 in real estate taxes during 1993. The proposed expansion would be an additional $2 million worth of improvements to the property and therefore increase the overall property tax to the village and other taxing bodies. Cummins -Allison has stated that they are considering alternative locations where property taxes would be reduced. The 6-B Assessment would enable Mount Prospect to lower their property taxes for the addition to a level that is competitive with surrounding counties. Staff and the Economic Development Commission have reviewed this request and recommend its approval. Please forward these materials to the Vidlage Board for their review and consideration at their June 7, 1994 meeting. wjcjg CUMMINS CUMMINS -ALLISON CORP. 891 Feehanville Drive May 20, 1994 Mt. Prospect, IL 60056 Facsimile: 708/299-4940 Telephone: 708/299-9550 Mr. Bill Cooney Director of Planning Village of Mount Prospect 100 South Emerson Mount Prospect, Illinois 60056 Dear Mr. Cooney: I want to thank you for taking time to talk with me yesterday. I am writing this letter in response to your suggestion that Cummins -Allison make a formal request to the Village of Mount Prospect for a 6B Tax Assesment. Cummins -Allison is a manufacturer of high quality banking and office equipment located in the Kensington Business Center. In addition to our Mount Prospect facility, Cummins - Allison owns and operates 45 branches throughout the United States that sell and service all of our equipment. Our .reputation in the industry is one of innovation and quality. Due to our emphasis in high technology, we have been able to experience some dramatic growth over the past three to four years. We are now faced with a situtaion where our customer demand exceeds our ability to produce products in our current facility, forcing us to investigate possible facilities expansion. Our current facility at 891 Feehanville Drive is approximately 65,000 square feet. In addition to manufacturing in the 891 facility, we also manufacture and warehouse in a budding across the street at 902 Feehanville Drive. The 902 Feehanville facility contains approximately 20,000 square feet of space of which 17,000 is manufacturing and warehousing space. This gives us a total facility of about 85,000 square feet. For the past nine months, we have been investigating the possibility of micreasing our space from approximately 85,000 square feet to 120,000 square feet. Based on this need, we have looked at several alternatives: 1. To use the vacant land that we currently own and add on to our existing building with an addition of approximately 55,000 square feet; 2. Purchase a vacant building within the Kensington Business Center of approximately 55,000 square feet; or 3. Buy 120,000 square foot facility outside of Cook County so we can take advantage of the lower property tax rates. As part of our review process, we wanted to determine if Mount Prospect had any property tax incentives to encourage business to remain in Mount Prospect. I began this investigation by caning the Village of Mount Prospect who referred me to the Cook County Tax Assessor. In speaking with the Bill Cooney May 201, 1994 Page 2 Cook County Tax Assessor, I was directed to the Incentive Department and talked to a Mr. Leonard Motisi. Mr. Motisi explained that there is an incentive called a 6B Assessment for any new construction that qualifies. After a short discussion with Mr. MotiS4 he indicated that he thought our expansion plans would qualify for a 6B Assessment. I then asked Mr. Motisi what I needed to do to fijaher pursue this and he indicated that I should contact the Village of Mount Prospect to determine if the Village participated in the 6B Assessment Program. I contacted Mr. David Jepson, the Mount Prospect Finance Director, who suggested I talk with you. I then contacted you and discovered that Mount Prospect has indeed participated in the 6B Program and therefore, we at Cummins -Allison are a formal request that our expansion plans be considered for a 6B Assessment. Cummins -Allison has been in the Kensington Business Center since 1982. During these 13 -years we have gone through several expansion projects that have benefited both our Company and the Village of Mount Prospect. We are now prepared to embark on another aggressive expansion program. Our plans to increase our manufacturing space from 85,000 square feet to 120,000 square feet will increase our overall space by 41'%. We plan to use this space to increase our numActuring capacity and our research and development activities. This will create jobs for engineers,,, assemblers, stock handlers and machinists. I estimate a total of 20 new jobs will be created over the next five years. These 20 new jobs will be in addition to the 150 jobs that already exist in the Mount Prospect facility. The people that occupy these jobs add to the local economy by shopping and dining in the Mount Prospect area. Because Mount Prospect is the corporate office for Cummins -Allison, we are constantly entertaining out of town guests. Our out of town guests can be customers that are coming to our facilities to review our product offerings, suppliers who provide us with goods and services, or branch employees who come into the office to participate in the regular training sessions that we conduct. Finally, I think a decision by Cummins -Allison to expand in the Kensington Business Center would demonstrate to Mount Prospect Cummins commitment to remain in Mount Prospect for the foreseeable future. I understand that our application for a 6B Assessment must be approved by the Village Board. I certainly hope that the Board can demonstrate its pro-business position by granting our request for 6B Assessment. Sincerely, CImOmNs-ALLisoN CoRp. D nwe o", U Executive Vice President Engineering/Manufacturing DLTWjmc CA C U CUMMINS -ALLISON COR. May 24, 1994 Mr. Bill Cooney Director of PI Wage of Mt. Prospect 100 South Emerson Mt. Prospect, ILL 60056 It-. ..... ..... ..... 891 Feehanville Drive Mt. Prospect, IL 60056 Facsimile: 708/299-4940 Telephone: 708/299-9550 I want to thank you for meeting with us on Friday, May 20th. As you know Cummins -Allison is looking at expanding its facilities. Our major concern with expanding in the Kensington Business Park, Mt. Prospect is the high property tax we are required to pay in Mt. Prospect (Cook County). To help remedy this problem Cummins -Allison has requested a 6B Property Tax Assessment be granted to our facility expansion plans. During our May 20th meeting we discussed some of the contributions Cummins -Allison has made to Kensington and Mt. Prospect. In addition to the items discussed, Cummins -Allison has paid $1,956,275 in Illinois sales tax for 1993 and $124,430 in real estate taxes. These are considerable contributions. In addition to additional property tax for our facilities expansion, we estimate we will be required to pay $20,000 in permit fees. I would like to take you up on your offer and have you set up a meeting with the Mayor to discuss the possibility of minimizing our permit fees costs. Please let me know when this meeting might be scheduled. We feel there is great value for both Cummins -Allison and the Village of Mt. Prospect for Cummins -Allison Corporate Headquarters to remain in the Kensington Business Center. I hope we can work out a plan that insures we can remain in Mt. Prospect and continue to grow. As you know we are trying to make a decision quickly. You indicated you would attempt to get our 6B Assessment request before the Village Board on June 7th. Please let me know as soon as the June 7th date is confirmed, Sincerely, S4 h ISDN CORP. Douglas U. enniie Executive "dice President, Engineenng/Manufacturing DUM/ss THOMAS HOMAS C 0 HYNES Cook County Assessor CLASS 68 ELI G,alLIT SUL& Incentive_Senef its The Class, 6b classifications designed to encourage industrial development throughout Cook County by, of fering a real estate tax 0 8 the incentive for the development of new industrial facilities, rehabilitation of existing industrial structuresl and the industrial reutilization of abandoned builldings# Class, 6b 'i's specif ically intended f or, industrial properties that, are either (a) IN manufacturing facillities, or ('b) non -manufacturing industrial, facilities' located in state -designated Enterprise Zones. The, goal,, of Class 6b is to attract newlindustryo stimulate expansion of existing industry and increase employment opportunitiess, Under the incentive provided by Class 6b, qualifying "industrial real estate would be eligible for a 16% level of assessment for a Period of 8 years from, the date that new construction or substantial rehabilitation is completed, and initially assessed or, in the case of abandoned property, from the date of substantial reoccup,ancy,# This constitutes a 4.3ubstantial reduction inthe level of assessment and results in significant tax savings. In the absence of this incentive, industrial real estate would normally be assessed at 36% of its market value. Where buildings or other structures qualify, for the incentive as new construction or, as abandoned, property as defined below,, the reduced level of assessment under, Class, 6b will, apply to those structures in their entirety as well as to the land upon which they are situated. Where there is substantial rehabilitation of an existing structure which has not been aband,oned,o� the reduced, 16% level of assessment Is applicabl,e only to the additional value it does not attributed to the rehabilitation of that, structure apply to the underlying land. Eli gib :Lllitv-- Requirements Real estate is eligible for Class 6b status under the following conditions: I. The re -al estate is used primarily for "manufacturing" OR it is used primarily for, non -manufacturing "industrial" purposes and located in an area certified as an p Enterrise Zone by the Illinois Department of Commerce and counity Affairs* mml (Revised 1-90) 2. There is either (a) new construction,, (b) substantial rehabilitation, or (c) substantial reoccupancy of "abandoned" property. 3. An Eligibility Application and supporting documents have been timely filed with the Office of the Assessor according to deadlines as set forth in the "What Must Be Filed" and "Time for Filing" sections of this Bulletin. 4. The municipality in which such real estate is located (or the County Board, if the real estate is located in an unincorporated area) must, by lawful resolution or ordinance, expressly state that it supports and consents to the filing of a Class 6b Application and that it finds Class 6b necessary for development to occur on the subject property. The following definitions, as set forth in Section 1 of the Cook County Real Property Assessment Classification Ordinance, pertain to the Class 6b incentive provision: Industr ial—purRO'se "Any real estate used primarily in manufacturing ... or in the extraction or processing of raw materials unserviceable in their natural state to create new physical products or materials, or in the transportation or storage of raw materials or finished or partially finished physical goods in the wholesale distribution of such materials or goods." Manufacturing: "The material staging and production of goods used in procedures commonly regarded as manufacturing, processing, fabrication, or assembling which changes existing material into new shapes, new qualities, or new combinations." ,kba,n,doned property: "Buildings and other structures that, after having been vacant and unused for at least 24 continuous months,, have been substantially rehabilitated or purchased for value by a purchaser in whom the seller has no direct financial interest." What Must Be Filed An applicant seeking the reclassification of real estate to Class 6b is required to file a "Class 6b Eligibility Application" with the Office of the Assessor. In addition, an applicant must submit, at the same time, a certified copy of an ordinance or resolution adopted by the municipality in which the real estate is located (or the County Board, if the real estate is located in an unincorporated area) expressly stating that it supports and consents to the filing of a Class 6b Application and that it finds Class 6b necessary for development to occur on the subject property. After ter the construction, or �reoccupancy has, taken place, ft 0 an applicant must also file, in triplicate, a, "Real, Estate Assessed Valuation Compl,a, lint" (Form 48,18) requesting that the real estate be, reclassified to class 6b. Any information that is not known or any supporting documents that are not available at the time of the "initial filing must be submitted as a supplement to the Application. No final action on a request for reclassification to Class 6b will be taken until a Complaint and an Eligibility Application, along with the required documentation as described therein, are completed and filed with the Office of the Assessor. In addition, in order to maintain Class 6b for the full incentive term once granted, applicants must annually file an Affidavit with the Assessor's office. Time for Zilinq The Eligibility Application along with the appropriate resolution or ordinance pust be filed,, with the Assessor pr or to, but no I I earlier than one year before, commencementnestguct10 w con -n, 6 1111"14 (excluding demolition, if any) or substantla 11*t including the substantial rehabilitation of "abandoned" property. With respect to "abandoned" property that has been purchased for value, the Eligibility Application and the resolution or ordinance must be filed at the same time with the Assessor no later than ninety (90) days after the date of purchase. Where "abandoned" property has been or will be purchased for value and subsequent substantial rehabilitation is planned, a single Eligibility Application and resolution or ordinance may be filed for both situations, provided that the Application is filed no later than ninety (90) days following the date of purchase but prior to commencement of such rehabilitation. For the purpose of certifying final assessments on a timely basis to the Board of Appeals, deadlines for filing Complaints are established on a township basis. Check with the office of the Assessor to determine when the deadline occurs for a particular township. Questions regarding Class 6b may be directed to the Development Incentives Department of the office of the Cook County Assessor, Room 312, 118 North Clark Street, Chicago, Illinois 606020 (312) 443-75290 y M1 1101- A ` — 7rWWlit OQ1 3, c UL SING, ` R"Imm OW ft NK IBM am —, NORTH listSC ALE R!!>AA1111M0 0 50 100 700 t Ilalull I u IM11 ' • • • JOGGING PATH a0+ I _ •_ - PEDESTRIAN BRIDGE TRADITION For the past decade, Kensington Center ton and Wolf roads, the Center is just 14 , has established the definition of suburban minutes from O'Hare International Airport business pork development in North- and 30 minutes to Chicagos Loop. eastern 1111neeis. I)rawirlg mi die principles � which have made Opus North a pre- eminent national developer, the thriving ENVIRONMENT center is home to such national and inter- Kensington Center's tong standing atten- national firms as Metropolitan I ,ife, tion to ieohotirc. and f-ntirirnnmPnt affnrrk =` /caf 6/1/94 RESOLUTION NO. WHEREAS, the Village of Mount Prospect encourages community development to provide for economic growth and career opportunities; and WHEREAS, through property tax incentives offered by Cook County, various opportunities exist for new businesses to become established in Mount Prospect, Cook County; and WHEREAS, without the Cook County property tax incentives, Mount Prospect is at a competitive disadvantage with the neighboring counties of Lake and Du Page in attracting industrial development; and WHEREAS, CUMMINS ALLISON CORP. has requested the Village of Mount Prospect to support their application for a Class 6b real property classification; and WHEREAS, the corporate authorities of the Village of Mount Prospect believe that the request of CUMMINS ALLISON CORP. is in the best interest of the economic development in the Village of Mount Prospect. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SE,g,TI,ON ONE* That the Mayor and Board of'Trustees of the Village of punt Prospect do hereby support and consent to the application of CUMMINS ALLISONCORP. ,for a Class 6b Property Classification from Cook County,, which allows a 16% assessment level for 8 years for the property identified in Exhibit "A" attached hereto and hereby made a part hereof and further identified by Permanent Index Number 03-35-102-025 and 03-35- 102-026. SEC'TION'E,&,O.-. That the Village of Mount Prospect supports industrial growth, increased employment and economic development and this proposed development is in furtherance of this goal. The Board of Trustees of the Village of Mount Prospect further finds that this incentive is necessary for development to occur on the Subject Property. §jECT,lON THREE'. That development of the property is subject to compliance with all requirements of the 1-1 (Light Industrial) District and development standards of the Kensington Center for Business. SECTIQN FQUR: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of199 ..,, ... A 4 ATTEST: Gerald L. Farley, Mayor Carol A. Fields, Village Clerk Lot 310-B in Kensington Center Resubdivision VII of Lot 310 in Kensington Center Phase Three -A, being a part of the Northwest 1/4 and the Northeast 1/4 of Section 35, Township 42 North, Range 11, East of the Third Principal Meridian, Cook County, Illinois, according to the plat thereof recorded May 41 1981 as Document No. 25859082. Commonly known as "Cummins Allison Corp. 891 Feehanville Drive, Mount Prospect, Illinois 60056 NQ. Ws; 1. COMPLIES WITH COMPREBENSIVE PLAN? 2. COMPLIES WITH THOROUGBFARE PLAN? 3. VARIATIONS NEEDED FROM ZONING REGULATIONS? (See below.) 4. SUBDIVISION REQUIRED? S GENERALCQ�' Surrounding zoning and land uses: North - R -A Single Family Residences South - R -A Single Family Residences East - R -A Single Family Residences West - R -A Single Family Residences The variation is requested in order to remove and replace the existing garage with a new 20' x 22' garage in same location. The Ordinance was revised in 1993 to accommodate accessory structures on 50 foot lots from a 5 foot setback to 3 feet. There is sufficient room to meet the 3 foot setback and staff feels no hardship is shown. DWector Date 2a ENGINEERING PETITIONER'S APPLICATION - MOUNT PROSPECT ZONING BOARD OF APPEALS a. Underground Utilities Water . . . . . . . . . . Sanitary Sewer Storm Sewer. . . . b. Surface Improvement Pavement . . . . . . . .. . . Curb & Gutter . .. . . . . . . Sidewalks . . ....... *— Street Lighting . . . . . . . c. Easements Utility& Drainage x Access X 2. PERNUTS REQUIRED OTHER THAN VILLAGE: a. MWRDGC b. IDOT «Qlj fil I qF c. ARMY CORP d. IEPA f OTHER ... . . .. . jj 2% ENGINEERING DIVISION (Continued) C,Omz&Nls 3. R.O.W. DEDICATIONS? 4, SITE PLAN ACCEPTABLE? _x FL4 rl s h oW �?a4j d rj_s "�C4 _& Q d4C6*Vd=i_; 5. PRELIMINARY PLAT ACCEPTABLE? ..... 6. TRAFFIC STUDY ACCEPTABLE? 7. STORM WATER DETENTION REQUIRED . . 8. FLOOD PLAIN OR FLOODWAY E)CISTING? . 9. WETLAND EXISTING? . GENERAL CON04ENTS: 15-_t5*- 60 Jloo'n t'-4ed,ou l t4j LAJ I -Led 0 Co L) �- r_0 (0.0 ZKC AC 5 SW Ll 74 ea�� reztC dr j a I.L.) e --.p7 �S cL) A7 ej^xw,<,e 7 1 av;lourI4 PLANS PREPARED BY,: DATE OF PLANS: Engineering Coordinator Date' K FIRE DEPARTMENT �' 1. NUMBER OF STORIES ......... 2. HEIGHT OF BUELDING. . ........ . 3. FIRE LANES ...... 4. FIRE HYDRANTS S. STANDPIPE 6. SPRINKLER.S ....... 7. FIRE PUMP ............ 8. FIRE ALARM ...... 9. COULD A FIRE ON THE PROPOSED USE BE ADEQUATELY CONTROLLED AND EXTINGUISHE IDS' I IF NOT, WHAT SPECIFIC CHANGES AND REQUIREMENTS DO YOU SUGGEST TO ACHMVE TTS 'PURPGSE' .. 10. DO ANY EXISTING OR PROPOSED CUL-DE-SACS ALLOW ADEQUATE ACCESS FOR EMERGENCY VEFUCLES? 11. GENERAL CONIMENTS".' Director Date 4 INSPECTION SERVICES DEPARTMENT PETITIONER'S APPLICATION - MOUNT PROSPECT ZONING BOARD OF APPEALS 1. X VARIATIONS NEEDED FROM VILLAGE BUILDING CODE (See below) MEETS HEALTIVSAFETY CODE REQUIREMENTS Section 21.106 B 3 b (1) - Location of detached gaz-ages on lots shall conform to requirements of the Mount Prospect Zon.,:f.---g Ordinance. 2) Note: Section 202.1 of the CARO code requires: "Exterior walls located less than 3 feet from property lines shall have not less than a 1 -hour fire resistive rating." Director Date POLICE DEPARTMENT PETTI' NERIS, APPLICATION - moumv mubmLL ZVINIINky LIVAMM VV ^rrr,^iaa 1. CHARACTER OF USE: (WOULD IT BE A PROBLEM TYPE?) 2. ARE LIGHTING REQUIREMENTS ADEQUATE? 3. PRESENT TRAFFIC PROBLEMS? 4. TRAFFIC ACCIDENTS AT PARTICULAR LOCATION: 5. TRAFFIC PROBLEMS THAT MAY BE CREATED BY THE DEVELOPMENT: Z-7 CC Z� 4.rl L bilrector Date tl 0 6 PUBLIC WORKS DEPARTMENT PE'TITIONER'S APPLICATION • MOUNT PROSPECT ZONING BOARD OF APPEALS 4. SMM AS 5. QENEHALQ2J Director Date � VILLAGE OF MOUNT PROSPECT PLANNING DEPARTMENT Mount Prospect, Illinois t> TOO MICKAELE. JANONIS, VILLAGE MANAGER FROM: WILLIAM L COO Y, JR., DIRECTOR OF PILAAANNNING v DATE: MAY 31,11994 SUBJECT: ZBA-20-V-94, MICHAE, L AND PAMTLA Ste"' MONS LOCATION, 113 SOUTH EDWARD The Zoning Board of Appeals transmits for your consideration their recommendation on a request for a variation at 113 South Edward Street. Specifically, the applicants are seeking to replace an existing 1-1 /2 car garage with a two -car garage in the same location which leaves a 1.09 foot setback instead of the mu' =*urn required 3 foot. The request was reviewed at the regular Zoning Board of Appeals meeting of May 26, 1994. At the meeting, Mr. Michael Sammons presented the request. Mr. Sammons indicated that the required setbacks would reduce the minimal yard fiuther. He also indicated that the driveway needed to access the garage would require the loss of a portion of a brick patio. He further stated that the adjacent property owner has seen the request and is not opposed. Planner,, Ray Forsythe, then summarized the staff report. He indicated that the Zoning Ordinance was amended in 1993 to accommodate lots with width of 55 feet or less. The setback for accessory structures was reduced from 5 feet to 3 feet. The minimum setback of 3 feet was chosen to establish an acceptable drainage pattern as well as give the property owners .an acceptable yard. Because of the recent amendment, staff recommended denial of the request. The Zoning Board of Appeals discussed the request. By a vote of 4-3, the Zoning Board of Appeals recommends approval of the request. WJC:hg Centrai noad Heights, IL 60005 P. ,nglon ilhone: 708-392-7600 43 Fax: 708-392-7719 P LAT OF SURVEY 9800 S Roberts Road 218.N County Street Palos Hills, IL 60465 Waukegan, IL 60085 Phone: 708,-430-4077 Phone: 708-336-2473 Fax: 708-598-0696 Fax: 708-336-2113 149 N Virginia Street Crystal Lake, IL 60014 Phone 815-356-1510 , - ax 815-356-5658 373 S. County Farm Road Wheaton, IL 60187 Phone* 708-690-3733 Fax: 708-690-3735 LOT 16 IN BLOCK 12 IN BUSST--,',S EIASTFRN ADDITION TO MOUNT PROSPECT IN THE EAST 112 OF SECTION 12, TOWNSHIP 4L NORTH, RANGE 11, EAST OF THE T11IRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. ....... .. .............. .. . fA 4.4 'c 3# P4-1 Mee^ z ,uuueuWWMWNM .. .MI A AL • r-bocew 4144 roe 4 fweois-eie: zof-acpme 9a iA' 0 (We-- .ml& r- kcoeee, .15 Oct.# —wf N ri �00 0�417 All .ITS '7 1