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HomeMy WebLinkAboutOrd 799 10/10/1961 10/10/10/61 ORDINANCE NO. 1-33- AN OHDINANCE GRANTING A HEIGHT VARIATION AS TO CERTAIN PRO~ERTY AT FOUNDRY AND RAlill ROADS IN MOUNT PROSPECT VffiEREAS, the applicants Edward P. Stanton and Annette Stanton, record title owners of the property hereinafter described, have applied for a height variation so as to permit the construc- tion of a restaurant and office building on the property herein- after described, which restaurant and office building or portion thereof would be some 42 feet in height and which would be in accordance with a plan of development prepared by Christopher Chamales, architect and city planner, and dated August 7, 1961, a copy of which is on file with the Village Clerk, and vTrlEREAS, the Zoning Ordinances of the Village of Mount Prospect have certain height restrictions which would prohibit the erection of a building 42 feet in height, and WHEREAS, the Zoning Board of Appeals did conduct a public hearing (Case 61-29) on September 15, 1961, and VrrlEREAS, said Zoning Board of Appeals did find that the height restrictions contained in the Zoning Ordinances of Mount Prospect as applied to the hereinafter described property would occasion practical difficulties and hardship upon the owners of the property hereinafter described, and WIiEREAS, the Zoning Board of Appeals did find that the variation sought, if granted, would not alter the essential char- acter of the locality provided that the ground area coverage of the building sought to be erected did not cover more than 11,000 square feet of the total ground area of 71,641.5 square feet con- tained in the parcel of land hereinafter described, and provided further that the setbacks shown on the plan heretofore referred to were adhered to, and WrlEREAS, the petitioners have agreed as a condition to the annexation of the property in question and the passage of this ordinance that they would observe the square foot and set- back requirements in the event the planned structure was built, and that they would give or cause to be given restrictive cove- nants to said effect upon application for a building permit, and WI~ID~EAS, the President and Board of Trustees believe it to be to the best interest of the Village of Mount Prospect that the variation sought be granted, NOW, THEP~FORE, BE IT ORDAI~~D by the President and Board of Trustees of the Village of Mount Prospect, Cook county, Illinois: Section 1. That an ordinance entitled "An ordinance classifying, regulating and restricting the location of trades and industries and the location of buildings designed for speci- fied uses; regulating and limiting the height and b~lk ~f build- ings hereafter erected or altered, regulating and l~mit~ng the intensity of the use of lot areas and regulating and determining the area of yards, courts and other open spaces within and sur- rounding such buildings; establishing the boundaries of districts for the said purposes; and prescribing penalties for the violation of its provisions," passed and approved December 4, 1923, and amendments thereto, and known as Ordinance No. 52, as amended by an ordinance known and cited as the Zoning Ordinance of Mount Prospect, passed and approved May 2, 1944, and as subsequently amended to date hereof, be varied so as to permit the erection of a building not to exceed 42 feet in height on the property de- scribed as follows: That part lying North Rand Road of the West 210 feet of the East 4~0 feet of the Northwest quarter of the Northeast quarter of Section 34, Township 42 North, Range 11 East of the Third Principal Meridian (except the North 300 feet), in Cook county, Illinois. Section 2. That the aforementioned real estate shall be subject to all other conditions and provisions placed upon it by the ordinances aforementioned. Section 3. That the Building Department of the Village of Mount Prospect is directed to issue a building permit permitting the erection of a building not to exceed 42 feet in height upon the aforedescribed premises provided that the plans for same are in substantial conformity with the plan heretofore mentioned and provided the owners and applicants for said building permit sub- mit restrictive covenants which shall provide that the ground coverage of any building built on the premises heretofore de- scribed shall not exceed 11,000 square feet of ground coverage, as well as covenants setting forth the setback lines as detailed on the plan aforementioned. Section 4. That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this or- dinance shall be fined not more than One hundred ($100) Dollars for each offense, and each day that a violation is permitted to exist shall constitute a separate offense. Section 5. That this ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED this 10 A~PROVED this ~ day of October, 1961. day of October, 1961. ~~:::t.R... B . kl~i_ Pres dent Attest: .~/'(?f -' ~ ~. uJ.", Y A2/v-u Village C.Lerk PUBLISHED this ~ day of October, 1961 in the Mount Prospect Herald.