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HomeMy WebLinkAboutOrd 592 01/07/1958 ORDINANCE NO. ~~~ AN ORDINANCE GRANTING A VARIATION FROM THE VILLAGE OF MOU~~ PROSPECT ZONING ORDINANCE AS AMENDED VlliEREAS, a Notice of Public Hearing with respect to the question of granting a variation from the Village of Mount Prospect Zoning Ordinance as amended from the minimum rear yard requirement as set forth in Section 15 of the said Zoning Ordinance on the property hereinafter legally described as follows: Lots 5, 6, 7, 8, 9 and 10 in Block 22 in Prospect Manor, being a Subdivision of part of the South three quarters of the West half (1/2) of the West half (1/2) of Section 34, Township 42 North, Range 11, East of the Third Principal Meridian as per plat thereof recorded March 6, 1926 as Document No. 9199191 was duly published in the Mount Prospect Herald, a newspaper of general circulation in the Village of Mount Prospect; and vlliEREAS, a Public Hearing was held by the Board of Appeals of the Village of Mount Prospect in the Village Hall in the Village of Mount Prospect on the 6th day of December, 1957 at the hour of 8:00 P. M. pursuant to the provisions of the aforesaid Public Notice, and all persons who desired to be heard were heard and an opportunity given to all persons who desired to make remonstrances and objections with refer- ence thereto; and WHEREAS, the Board of Appeals of the Village of Mount Prospect, pursuant to Section lS(B)(2) of said Zoning Ordinance, subsequent to said hearing, recommended that the variation requested be granted; and vlliEREAS, the corporate authorities of the Village of Mount Prospect, after considering the matter as aforesaid do hereby find as follows: - 2 - 1. That the application of Section 15, Mini- mum Rear Yard Requirements, to the above described property would involve practical difficulties to the property owner in the proposed use of said pro- perty based on the facts presented to the Board of Appeals public hearing; 2. That the application of Section 15, Mini- mum Rear Yard Requirements, to the above-described property would result in particular hardship to the owner of the property hereinabove described in view of the dimensions of the property and the particular conditions that exist on and surrounding said pro- perty and the size and type of building proposed to be built on said property; 3. That the overall use of the above-described property for the erection of a building in the dis- trict zoned for business will not seriously interfere with the administration of the Village of Mount Prospect Zoning Ordinance; 4. That the property owner has consented to retain at least 25% of the above-described property without improvements thereon and has agreed not to build on said portion of the above-described property; and WHEREAS, the corporate authorities of the Village of Mount Prospect do desire to grant to the property owner of record as of the date of passage of this ordinance a variation as hereinafter set forth, which said variation is specifically limited as herein provided, NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: - ~ - -' Section 1: That the following described property be exempt from the application of Section 15, Mininillm Rear Yard Requirements of the Village of Mount Prospect Zoning Ordinance as amended: Lots 5, 6, '(, 8, 9 and 10 in Block 22 in Prospect Manor, being a Subdivision of part of the South three quarters of the vlest half (1/2) of the West half (1/2) of Section 34, Township 42 North, Range 11, East of the Third Principal f'.1er~dian as per plat thereof recorded March 6, 1920 as Document No. 9199191. Section 2: That the variation granted hereby apply only to the property owner of record as of the date of the pas- sage of this ordinance and for any building permits applied for by said property owner. Section 3: That the Zoning Plan of the Village of Mount Prospect as amended, be and the same is hereby modified to conform to the above variation. Section 4: That this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. Section 5: That all ordinances or parts of ordi- nances in conflict herewith be and the same are hereby repealed, reserving however, to the Village of Mount Prospect any rights which have accrued to it against any person, firm or corporation under any ordinances or sections of the Zon- ing Ordinance VJhich may be and are hereby repealed. PASSED this 7 Tff- day of dAti/u/U,?Y , 195r. APPROVED this 7 T/~day of JI1/1/tlAt?Y , 195~ CVdL'v~ # ~;~ ~O\jJ-",,---. Village Clerk /~ Village presi~~lAL-/ /' f t..l-A: {~. , *1 ~, "''''..... & A G R E E MEN T THIS AGREEMENT entered into between VICTOR A. DOYNO, of Evanston, Illinois (hereinafter referred to as HDoyno") and the VILLAGE OF MOUNT PROSPECT, Cook County, Illinois (hereinafter referred to as the "Village"), &J. WIT N E SSE T H: WHEREAS, Doyno is the owner of certain property located in the Village, more particularly described as follows: Lots 5, 6, 7, 8, 9 and 10 in Block 22 in Prospect Manor, being a subdivision of part of the Southwest quarter (1/4) of Section 34, Township 42 North, Range 11, East of the Third Principal Meridian ; and vrnEREAS, Doyno has made application to the Village for variation from the Zoning Ordinance of the Village of Mount Prospect to permit the erection of a building without the application of the minimum rear yard requirements in said Zoning Ordinance; and WHEREAS, The Village is desirous that a portion of said property be used by said Doyno for parking purposes and upon agreement by Doyno that a portion of said property shall be used for parking purposes, the Village is willing to grant the variation requested by said Doyno, NOW" THEHEPOHJ.!:) For and in consideration of the mutual covenants hereinafter contained, the parties hereto do hereby mutually agree as follows: 1. Doyno does hereby agree to reserve a portion of the following described property for parking purposes, which said portion of said property shall consist of an area of land not to exceed ninety (901) feet by forty-six (461) feet - 2 - to be located at the Southwest corner of said pro- perty, and agrees that he shall not erect any building or enlarge any building on the aforesaid portion of the following described property: Lots 5, 6, 7, 8, 9 and 10 in Block 22 in Prospect Manor, being a subdivision of part of the South- west quarter (1/4) of Section 34, Township 42 North, Range 11, East of the Third Principal Meri- dian. 2. The Village agrees to grant a variation from the Zoning Ordinance in order to permit the construc- tion of a building on the balance of said property in accordance with the plans and specifications submitted to the Superintendent of Building and agrees to issue a building permit if said plans and specifications are in conformity with the ordinance of the Village appli- calbe thereto. 3. This Agreement shall be binding upon the heirs, executors, assigns and successors of the respective parties hereto. IN WITNESS WHEREOF, the parties hereto have here- unto executed this Agreement this 7rHday of JAA/al1l?- Y , 1951., at Mount Prospect, Illinois. /' ("; /l ' '[i ,/ "', / ....,.- ,,;/ ....-'" /'----'vto'-v' A /1. AQ.~~~ Victor A. Doyno I aJ~~ # ~ lerk VILLAGE OF MOUNT PROSPECT B~w~dl~ ?res ent ATTEST: