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HomeMy WebLinkAboutRes 30-63 07/09/1963 SC) -- (, ~ RESOLUTION NO. ~:J ~ =5 L! A RESOLUTION OPPOSING THE PROPOSED REZONING OF CERTAIN PROPERTIES BY THE COUNTY OF COOK - COOK COUNTY BOARD OF APPEALS CASE NO. 590, 591 & 592 WHEREAS, a petitioner has sought rezoning of .76 acres of land in the County of Cook from its present R-4 Single Family Classification to B-5 General Commercial District, said property being on the South side of Euclid Avenue, approximately 175 feet vlest of Violf Road, legal description attached, from the Zoning Board of Appeals of Cook County, (Case Docket No. 590 of the Cook County Zoning Board of Appeals) and vffiEREAS, a certain petitioner in Case No. 591 has sought the rezoning of certain property being 17.61 acres from R-4 Single Family Residence District to R-o General Residence District for Multi-Family use, said property being located on the west side of Wolf Road, approximately 175 feet south of Euclid Avenue, legal description attached, and vffiEREAS, the petitioner in Case Docket No. 592 of the Cook County Zoning Board of Appeals has sought the rezoning of R-4 Single Family to R-5 General Residence for Multi Family, being 12.17 acres, located on the south side of Euclid Avenue about 366.68 feet west of Wolf Road, legal description attached. All of the property above described is within Wheeling Township and one and one half miles of the village limits of Mount Prospect, and ltJHEREAS, it has been determined by the President and Board of Trustees of the Village of Mount Prospect, that the zoning of the properties as requested would be against public interest and contrary to public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois: Section 1. That the Village of Mount Prospect does hereby object to the rezoning requested for the following reasons: 1. The areas surrounding the property in question are zoned single family residential so that the requested rezoning would constitute spot zoning. Spot zoning of and by itself is kno~n to break down good zoning practices and lower property vcilues. 2. The area in question vV"as wi thin the year planned as single family residential by the petitioner who submitted a tentative plat of subdivision for the approval of the Village of Ivlount Prospect which plat '\tTaS duly approved. The subnittal of said plat points up the fact that the land is suitable for single family residential. The petitioner further admitted that he purchased the property at prices paid for single family residential property in the area, and cannot therefor, state that he is being deprived of any legitimate profits which he should realize from the use or resale of the property. This factor has been taken into considera- tion by the Supreme Court of the State of Illinois in Bolger VS Yillage of r'Iount Prospect - 10 Ill. 2nd, 596 at page 602 and Cosmopolitan National Bank VS Village of Mount Prospect - 22 Ill. 2nd - 463 at page 470. 3. No valid reason for the rezoning has been put forth by the applicant other than that he desires to make a speculative profit from developing the area and said reason is not a good reason for changing the zoning of the land. 4. Fire protection in the area is provided by rural fire units which are neither equipped nor maned to satisfactorily fight fires if the property is developed as proposed. Fire protection would have to come from Mount Prospect which service would be second call service. The Fire Chief testified to the fact that the rezoninG and use of the property as proposed would increase fire hazards in the general area. 5. It was shown from the proof produced that there is no demand that is not bei::lg adequat'.:l.:/ filled by other nearby multi-fc:.rdly units. In fact, all evid~:mce brought forth at the hearing points up the fact that therf~ are a large number of vac,;.mt apartments in the area and that contrary to what is alleged there is an over supply and not an economic demand for the apartments proposed. 6. The hearing pointed up the fact that there is a high caliber of single family development to the west of the property in question, kno\'Tn as ltGamelotlt, which the petitioner himself has developed and that said persons purchased said property in reliance upon the continued single family zoning of the property in question 9.nd it would be manifestly unfair to benefit the petitioner at t,he expense of these residents whose property would suffer from the proposed development, 7. Intense concentration of population as manifested by this proposal has the necessary effect of overtaxing all public services. Section 2. The Village Attorney is hereby instructed to transmit a certified copy of this resolution to the County Clerk of Cook County for transmittal to the County Board of Commissioners, the County Zoninf; Board of Appeals and all other persons interested. Section 3. This resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this r tJ day of , 1963 , 1963 day of APPROVED this \ l" ~ , t '., / ' ~ .,/'_'" ,~ I. ',,'.... '~, ~.. ,.{I" ~'-I., v.,,'-- \....",~. "l.(t~ ~ _",.. President .', Attest: , ~(!.;,uJ~ Vl lage Clerk rEGAL DESCRIPTION FOR CASE NO. 590 That part of the North 225.0 feet of the East Half of the Northeast Quarter of Section 26, Township 42 North, Range 11, East of the Third Principal Meridian, lying East of the West 901.0 feet thereof, West of the East 225.0 feet thereof; and lying South of that part thereof' conveyed to the County of Cook by deed dated September 3, 1941, and recorded as Document Number 12761432, in Cook County, Illinois. rEGAL DESCRIPTION FOR CASE NO. 591 The East Halt of the Southeast Quarter of Section 26, Township 42 North, Range 11, East of the Third Principal Meridian, except the South 600.0 feet thereof; except the West 901.0 feet of that part thereof lying North of the South 600.0 feet thereof; except the North 225.0 feet thereof lying East of the West 901.0 feet thereof and West of the East 50.0 feet thereof; and except that part thereof oonveyed to the County of Cook by deed dated September 3, 1941 and reoorded September 23, 1941, as Document Number 12761432, in Cook County, Illinois. IEGAL DESCRIPTION FOR CASE NO. 592 The East 266.0 feet of the West 901.0 feet (except the South 600.0 feet thereof and except that part thereof conveyed to the County of Cook by deed dated September 3, 1941, and recorded September 23, 1941 as Document Number 12761432) of the East Half of the Southeast Quarter of Section 26, Township 42 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois.