HomeMy WebLinkAbout03/16/1965 VB minutes MINUTES OF MEETING OF THE BOARD OF TRUSTEES
HELD MARCH 16, 1965
President Schlaver called the meeting to o~der
· at 8:18 P.M. with the following members present: roll call
Bergen B~uhl Casterline
Ek~en Phillips
Absent: Busse
The Girl Scouts presented the colors in a ceremony,
and the meeting was resumed at 8:22 P.M.
T~ustee Casterline, seconded by T~ustee Bergen,
made motion for approval of the minutes of the previous meet- minutes
lng of March 2nd.
Upon roll call: Ayres: Bergen Bruhl Casterline
Ekren Phillips
Absent= Busse
Motion carried.
Tmustee Bruhl, seconded by Trustee Castemline,
--- moved for the approval for. payment of the following bills: bills
General $ 61,941.00
Parkin~ System 1,555.76
Library- 2,011.16
Motom Fuel Tax 11,411.74
Public Works BldE. 1964 1~683.79
Fire S~ation #2 1,846.54
Wa~er & Sewe~ Acquis. 47.74
Wate~ 6 Sewer Fund 25~758.67
Water 6 Sewe~ Deprec.
Impr. 6 Ext. 83,700.95
$189~968.35
Upon roll call: Ayes: Bruhl Be~en Casterline
Ekren Phillips
Absent: Busse
Motion camried.
Tnustee B~uhl, seconded by Trustee Casterline, moved Fire Sra. ~2
To pay bill f~om John Aindstrom, Payment Request #g, for con- bills
s~uction work done at Fi~e Station ~2 in the amount of
~-~ $3,204.75~ out of Fire Station Construction Fund, lg6~.
Upon ~otl call: Ayes: Bruhl BerEen Ekren
Casterline Phillips
Absent: Busse
Motion carried.
March 16, 1965
Building
Trustee Bergen brought up tentative ordinance
amending Chap. III Sec. 18 of the Building Code regarding
the number of permits at one time to any one builder.
Trustee Bergen alsoread memo from Manager Appleby as
follows:
"Recognizing that the Village Board on
March 2 directed the Village Attorney
to prepare an ordinance to ~end Chap.,
III. P~r. 18 of the Building Code, I
reiterate the comments xn my memo of
February 19, 1965 addressed to the
Building Committee with cop~es for all
Trustees.
"From an administrative standpoint the
proposed amendment wilt only complicate
matters and invite another law suit.
It is my opinion that it will only make
the Building Department more vulnerable
for legal action.
"Mr. Pecoraro and Mr. Wax join me in the
recommendation that the only desirable
amendment to this paragraph is the dele-
Tion of the first sentence - - "The
Superintendent of Buildings shall accept
or reject application for permit within
fifteen (15) days of the filing of the
application." I feel you should ~now how
the people who will have to adminis~mr it ~-~
feel about the proposed amendment."
Trustee Ekren, seconded by Trustee Phillips, moved to table
motion for passage of the foregoing tentative ordinance.
Upon'roll call: Ayes: Bruhl Casterline
Ekren Phillips
Nays: Bergen
Absent:, Buss~
Motion carried.
Greeley & Hansen TrUstee Phillips, second%d by Trustee Bruhl, moved
Water engineers to accept contract between the Village and the engineering
firm of Greeley and Nansen as offered in their letter of
February 22nd, 1965.
This contract includes provisions for all engineering ser-
vices - studies, reports, designs and services during construc-
tion but makes provision for separate authorization of each
phase of the work, and the accompanying latter suggests allow-
ing a budget of $10,000 for this work.
Upon roll call: Ayes: Bruhl. Casterline Ekren
Bergen Phillips
Absent: Busse
Motion carried.
March 16. 1965
T~ustee Phillips read the following statement Mt. Prospect Rural
regarding the Mount P~ospect Rumal Fire District: Fire Protection
District
"The Mount P~ospect Rural Fi~e ProtecTion District has pre.
senTed to the Village an agreement under which the Village
of Mount Prospect is to furnish fire protection for the
District for the period April l, 1965 Through December 31,
1965 for $7500. This is at The same rate as pro~ection
was provided for The fimst quarter of the year. Under the
agreement The District agrees to disconnect by December 3t,
1965 all areas that are now within the Village.
~This disconnection provision is unacceptable because other
areas within the District will be annexed before the end of
the year. The District's attorney, with the knowledge and
approval of two of the District Trustees, but without the
Board's corporate action, has presented an amendment under
which the District will disconnect by December 31, 1965 all
propemty annexed to The Village by November 30, 1965.
"This is the third short term contract proposed by the Dis-
trict in less than a year - - the first consummated July 7th
and expiring December 31, 1964 - - the second on December 30th
and expiring March 31, 1965, and the proposed agreement expim-
lng December 31, 1965.
"These short te~m contracts entered into at the last minute
before the old agreement expires are not desirable from the
standpoint of the Village or of the people living in the Dis-
t~ict.
"A 5-year contract was offered the district before July l, 1@64
under which the District would be assu~ed of adequate funds
for administrative purposes and the Village charge for protec-
tion was based on the assessed valuation and tax rate of the
Dis~ict. Under this agreement, if areas were disconnected
from The District, the fire protection charge would be reduced
in a like proportion. The District T~ustees have been unwill-
ing to accept this proposal always with the excuse that they
need time to study it, and the contract for service will run
out before the s~udy can ~be accomplished."
Trustee Phillips, seconded by Trustee Ek~en, moved
that the agreement as presented be rejected unless the District's
Board~ by corporate action, includes in The agreement the pro-
vision to disconnect by December 31, 1965 all areas annexed To
the Village by November 30, 1965. If such a provision is in-
cluded, further motion is made that the Village~President and
Clerk be authorized to sign the agreement on behalf of the Vil-
lage with the definite understanding that if the District wishes
To enter into an arrangement for continuing fire protection
after The period coveredby the Agreement, it must complete all
negotiations for such extended service at least 60 days prior
to the expiraTiOn of the agreement.
Upon roll call: Ayes: Bergen Bruhl Casterline
Ekren Phillips
Absent: Busse
Motion carried.
March 16, 1965
Park District Manager Appleby explained to the Board that the
Open Space Park District is at present applying to the Federal govern-
ment for financial assistance to secure two additions to
the Park System. One of the requirements of this applica-
tion is that it shall be presented to the Plan Commission
and the Village Board; the government agency would like a
statement that it has been reviewed by the Plan Commission
and Village, and is in accordancewith the general plans
and policies for Open Space. This refers specifically to
land next tQ the Robert Frost School and Depster Jr. High
School.
Following is a letter from the Plan Commission in this
gard:
March 16, 1965
Gentlemen:
At the request of the Park District Board the
Plan Commission has reviewed the areas proposed to be pro-
cured by the District as described in a letter dated
February t5~ 1965, to the Housing and Home Finance Agency
from the Mount Prospect Park District (and attachments
thereto). It feels they are in accordance with the compre-
hensive plans and policy of the Village Board. to reserve
open space wherever possible, and the Commission recoF~ends
to the Village Board that the proposed pmocurement be en-
dorsed.
Respectfully submitted,
Mount P~ospect Plan Commission
Lloyd Norris, Chairman pro Tem
H. G. Appleby, Secretary
Trustee Casterline, seconded by T~ustee Phillips, moved for
approval cf the Plan Commission's recommendation as shown
above. This motion carried by acclamation.
President Schlaver proclaimed this week as Poison
Prevention Week in Mount Prospect.
Taxes President Schlaver announced that the sales tax
revenue for December, 195~ was the largest yet received - -
Sq8,363.q7o
Public Works President Schla~e~ announced that the next Sunday,
March 21st, would be Open House at the new Public Works
Building and Fire Station.
Elk Ridge Villa President Schlaver reported that mandamus suit had
g been entered by the builder Di Mucci to allow issuance of
28 ~uilding permits held up by the Board. T~ustee Bergen
sTa~ed ~hat meeting had been held the previous Saturday by
the Building Committee and the Di Mucci interests, and that
the concensus of the Committee to.issue the permits was 2 To 1
in favor~ his was the dissenting vote.
T~ustee Castertine, seconded by T~ustee Ek~en~ moved
to issue the 28 =equested building permits To S. Di Muc¢i in
the Elk Ridge Villa seczor.
Upon roll oatl= Ayes: Bruht Ek~en Casterline
Phillips
Nays: Bergen
Absent: Busse
Motion carried.
March 16, 1965
Mr. Appleby read The following letter from The Court Cases'
Plan Commission To The Board: Reese
March 16, 1965
Gentlemen:
The Village ATTorney requested The Plan Commission
review Two plans prepared by The Village Engineer of The
Reese property. This was done on March 15, 1965. IT was
observed,That The east side of Louis Avenue, which is a sec-
tion line road, was shown as 33' wide instead of 50' wide.
Inasmuch as the proposed subdivision is less Than one (1)
block long and Louis Avenue south of this plat is only 66'
wide, The Plan Commission could see no valid reason for a
dedication of more Than 33'.
On motion duly carried, The Plan Commission
recommends to The Village Board That the plats be approved.
Respectfully submitted,
Mount Prospect Plan Commission
Lloyd Norris, Chairman pro Tem
Trustee Bruhl, seconded by T~usTee Phillips, moved to accept
The two plats of subdivision prepared by The Village Engineer
of Reese property on The west side of Rand Road.
Upon roll call: Ayes: Bruhl Bergen CasTerline
Ekren Phillips
Absent: Busse
Motion carried.
Trustee Ekren, seconded by Trustee B~uhl, moved
to approve Ord. 1037: Ord. 1037
Annexation
ANNEXING CERTAIN PROPERTY TO THE VILLAGE Wedgwood Terr.
(Lots ~ and 5 in Block 1, Wedgewood Terrace)
Upon ~oll call: Ayes: Bruhl Bergen CasTerline
Ekren Phillips Pres. Schlaver
Nays: None
Absent: Busse
Motion carried.
Trustee Ekren, seconded by Trustee Bruhl, moved to Ord. 1038
approve Ord. 1038: Annexation
Wedgewood Terr.
ANNEXING CERTAIN PROPERTY TO THE VILLAGE
~'~ (Lots 7 and 8 in Block 1, Wedgewood Terrace)
Upon roll ca~t: Ayes: Bruhl Bergen CasTerline
Ekren Phillips Pres. Schlaver
Nays: None
Absent: Busse
Motion carried.
March 16, 1965
rd. 1039 Trustee Ekren, seconded by Trustee Bruhl, moved
Wedgewood Terrace to approve Ord. 1039:
ANNEXING CERTAIN PROPERTY TO THE VILLAGE
(Lot 1, Block 6, in Wedgewood Terrace)
Upon roll call: Ayes: Bruhl Bergen Casterline
Ekren Phillips Pres. Schlaver
Nays: None
Absent: Busse
Motion carried.
Ord. 1040
Trustee Ekren, seconded by Trustee Bruhl, moved
Wedg~wood Terrace
to approve Ord. 1040:
ANNEXING CERTAIN PROPERTY TO THE VILLAGE
(Lots 3 and 4, Block 6, in Wedgewood Terrace)
Upon roll call: Ayes: Bergen Bruhl Casterline
Ekren Phillips Pres. Schlaver
Nays: None
Absent: Busse
Motion carried.
Annexations Trustee Ekren read the following petition for an-
Schavije ~ Knuth nexation:
March 5, 1965
PETITION TO ANNEX CERTAIN PROPERTY)
TO THE VILLAGE OF MOUNT PROSPECT, )
COOK COUNTY, ILLINOIS
Now comes Schavilje & Knuth, Inc., sole record owners
of title and there are no electors residing on the property
described on the attached Exhibit AT which Exhibit A is incor-
porated by reference herein as if ~ully set forth, and say:
That said property is contiguous to the Village of
Mount ProspectI Cook County, Illinois, and is not within the
corporate limits of any municipality.
That the petitioners request that the Village of
Mount Prospect annex the aforesaid property (legally described
in Exhibit A attached) in accordance with the statutes of the
State of Illinois and that the plat of annexation submitted here-
with together with a copy of the ordinance of annexation be
recorded with the Recorder of Deeds of Cook County, Illinois.
Dated this 5th day of March, 1965.
Albert R. Knuth, Vice Pres.
Joseph P. Schavilje, Secretary
Schavilje g Knuth, Inc.
"EXHIBIT A
"That part of the W 1/2 of the NW 1/4 of Sect. 14, Twp. 41 N,
Rll, E of the Third PM, lying N of the center line of Seeger's
Road (Golf Road), (except the W 25'acres thereof and except
that part thereof described as follows: Beginning az the inter-
section of the center line of Golf Road (as per plat of dedi-
cation recorded Dec. 10, 1929 as Doc. No. 105-50-568 with the
March 16, 1965
line of the W half of the NW 1/4 of said Sect. 14~ thence
N along said E line of said W half 500 feet~ thence W at
right angles to last described line, 300 feet~ thence S at
~ight angles to last described line to a line 100 feet Nly
of (as measured at right angles) and parallel with said center
line of Golf Road~ thence NWly along last described parallel
line 214.08 feet more or less to the E line of the W 25 acres
of that pamt of the W half of said NW 1/4 lying N of Seegers
Road, as occupied in Busse Country Estates, as plat thereof
registered Dec. 5, 1939 as Doc. No. 841-391~ thence S. along
last described line 101.86 feet more or less to said center
line of Golf Roads thence SEly along said center line of Golf
Road to the place of beginning,) all in Cook County, Illinois."
T~ustee Ekmen, seconded by Trustee Bruhl, moved for the passage Ord. 1041
of O~d. 1041: Annexation
Schavilje 6
ANNEXING ~ROPERTY TO THE VILLAGE OF MT. Knuth
PROSPECT~ WHICH PROPERTY IS LOCATED
ADJACENT TO THE WEST LINE OF GREEN ACRES
BETWEEN LONNQUIST BLVD. ~ GOLF RD.
Upon roll call: Ayes: Bruhi Bergen Casterline
Ek~en Phillips Pres. Schlaver
Nays: None
Absent: Busse
Motion carried.
T~ustee Ekmen read letter from Attorney Hofert S.A. 63
dated March 16 re S.A. 63 as follows: Kenilworth Ave.
paving
Dear Mr. Ekr~n:
Please be advised that on Ma~ch 8, 1965, Associate
Judge Murphy of the Circuit Court -- County Division -- dis-
missed Special Assessment #63 on the ground that the Board of
T~ustees acted arbitrarily in paving Kenilworth north of
Thayer Street, and Prospect between Kenilworth and Waverly.
The Judge indicated that he thought it would have been proper
if the Village paved Thayer between Kenilworth and Waverly,
but said it was improper to pave as proposed, since it would
be unduly expensive to the objectors, namely~ Irmiger and
Di Mucci.
An extensive amount of evidence and time has been
spent on this ma=rem. We respectfully submit that the fol-
lowing alternatives are open to the Village:
A. To appeal the decision rendered by Judge
Murphy ~o an Appellate Cou~t seeking a re-
versal of same.
B. Commence a new special assessment for the
paving of Kenilworth from Central to Thayer
and the paving of Thayer between Kenilworth
and Waverly. This would involve assessing
people facing on Waverly as well as the
people living on Kenilworth.
C. Commence a new special assessment providing
for the paving of Kenilworth between Central
and Thayer omitting any portion of Kenilworth
north of Thayer or P~ospect.
March 16, 1965
It is our opinion that our chances in the appeal
are good but, however, it is fair to point out that an
appeal will take time and will not permit the improvement
of Kenilworth during the calendar year of 1965.
We would appreciate your committee and the
Village Board considering this report and directing us as
to your desires in this matter.
Sincerely,
Edward~C. Hofert
Village Attorney
This matter was referred to the Judiciary and Street Com-
mittees for study and reco~nendation.
Trustee Phillips read resolution passed by the
Mt. Prospect Rural Mount Prospect Rural Fi~e Protection L~ague:
Fire Prot. League
RESOLUTION
BE IT RESOLVED by the Board of Directors of the
Mount Prospect Rural Fire Protecl~n League that the ownerc.
ship of the
1953 GMC Fire T~uck~ Serial No. 1384, and the
1952 GMC Water Tank T~uck, Serial No. 2528,
now owned by said League, be transferred to the Village of
Mount Prospect, and that the Treasurer, Edwin Meier, of
said Board of Directors be authorized and directed to so
endorse the certificates of title for said equipment.
Adopted this 3rd day of March, 1965.
Edward Oehlerking, President
Arthur W. Busse, Secretary
Trustee Phillips~ seconded by T~ustee Bruhl, moved for the
Res. 7-65 .adoption of Resolution 7-65:
Rural Fire Protection
League A RESOLUTION ACCEPTING FIRE TRUCK AND
WATER TANK TRUCK FROM THE MOUNT PROSPECT
RURAL FIRE PROTECTION LEAGUE
Upon roll call: Ayes: Bergen Bruhi Casterline
Phillips Ek~en
Absent: Busse
' Motion carried.
County Zoning Manager Appteby read the.following memo re County
Zoning Docket 876:
MEMO
Date: March 16, 1965
Re:County Zoning
Docket 876
March 16~ 1965
As directed by the Board I appeared aZ the County County Zoning
Zoning Board beaming March 5, 1965 in regard to Docket 876
and objected to the requested variation to permit a sign 30'
high to be erected 2' from Elmhurst Road instead of the me-
quimed 15'.. Petitioner was Firestone Company which proposed
to establish a Firestone store at this location.
We weme given fifteen (15) days to file a resolu-
tion, so it is recommended that Village Attorney pmepa~e and
file such a resolution. Suggestions for points on which to
object:
1. No hardship was demonstrated.
2. Area is completely surrounded by Village
. and sign would not meet Village require-
ments.
3. Drafters of omdinance wisely required a
setback so view would not be obstructed.
4.Would possibly dei-~act from traffic sig-
nals at Randhumst exit.
In addition to County Board a copy should be sent
t'o Richard Evans, Firestone Rubber Company, 2710 W. 79th
Street, Chicago.
T~ustee Casterline~ seconded by Trustee Phillips, moved to
dimect the Village Attomney to file objection with the County
Zoning Board on Case 876. This motion ca~ied ~y acclamation.
Manager Appleby mead the following memo re County County Zoning
Zoning Docket 867:
MEMO
Date:. Mamch 16, 1965
Re:County Zoning
Docket 867
As directed by the Board, I appeared at the County
Zoning Boamd hearing March t2, 1965 in megamd to .a request to
establish a special use to permit a sewage treatment plant
100' west of Elmhurst and 660' south of 0akron, Docket ~867.
This company omiginally had an agreement with the ad-
joining pmopem%y to run a sewer to the Sanitary District's
interceptor, but the other company backed out, so they must
establish a temporamy permit for the plant. Effluent will
drain into Higgins Craek, which, according to testimony, runs
for about a mile through open countmy. Effluent will' be clear,
chlorinated and free from noxious odom. Solds will be pumped
out of tank periodically. Plant is designed for 250 persons.
Company will employ 100 at this time,
The Zoning Board indicated that it could include in
its recommendation ~hat the special use might continue only
so long as it remained inoffensive.
The Village was given l0 days to object or file a
statement. It is my recommendation that the Village notl.object~
but address a letter to th~ County Board and Zoning Board urging
that if a special use permit is .granted, every safeguard be
March 16, 1965
utilized to make sure the treatment plant does not become
obnoxious because of overloading, improper operation or
any other reason.
T~ustee Casterline, seconded byTr~lstee Phillips, moved
that letter be prepared and sent to The County Zoning
Board following the recommendation shown above.~
Upon roll call: Ayes: Bergen Casterline
Ekren Phillips
Nays: Bruht
Absent: Busse
Motion carried.
Trustee Ek~en, seconded by Trustee Bruhl, moved
Doyno Motors suit that the Village attorney be directed to defend the Village
65-CH-t193 in suit of Doyno M~tors, numbered 65-CH-1193.
Upon roll call: Ayes: Bergen Bruhl Casterline
Ekren Phillips
Absent: Busse
Motion carried.
County Zoning suit Trustee Ekren, seconded by Trustee Phillips, moved
6~-L-15679 that the Village Attomney be directed to intervene in County
Zoning suit for multi-family zoning for area on Linneman
Road half way between Dempster and Golf Roads, request fop
R-5 zoning. This is Case 6~-L-15697.
upon roll call: Ayes: Bergen BrUhl Casterline
Ekren Phillips
Absent: Busse
Motion carried.
Trustee Bruhl, seconded by Trustee Casterline~
Finance moved for approval of financial report as of February 28, 1965,
Audit pending fiscal audit. This motion carried by acclamation.
T~ustee Ekren~ seconded by T~uStee Phillips, moved
Ord. 1042 fo~ the passage of Ordinance 10~2:
:Zoning - Case 65-2
AMENDING THE MOUNT PROSPECT ZONING ORDINANCE
This is from Case 65-2, amending B-3 regarding special uses and
definition of drive-in restaurant.
Upon roll call: Ayes: Bergen Bruhl Casterline
Ekren Phillips
AbSent~ Busse
Motion carried.
Zoning Trustee Ekren explained that his committee (Judiciary)
Case 63-2 had met with the firm of Annen & Busse the previous Saturday
regarding their old zoning appeal, 63-2, and arrived at agree-
merit for its use. T~ustee Ekren then read the following letter
from Annen g Busse, Inc.:
March 16, 1965
Zoning -
March 16, 1965 Case 63-2
Dear M~. Appleby: Re: Rezoning Northeast Corner School and Northwest .Hwy.
We would appreciate it if the rezoning on the
above property is passed at the Village Board meeting of
Tuesday, March 16, t965.
It is our understanding That Lots 30 and 31 in
Block 20 in Mount l~ospect, a subdivision of part of the
northwest 1/4 of Sec. 12, Twp. 41 North, Range ll east
of the third principal meridian, in Cook County, Illinois,
will be rezoned from R-2 To B-3, and Lot 32 and the south
half of Lot 33 in Block 20 in Mount Prospect, a subdivi-
sion of pamt of the northwest quarter of sec. 12, Tw~. 41
North, Range ll east of ~he third principal meridian, in
Cook County, Illinois, will be rezoned from R-2 to P-1.
We agree To insemt a restrictive covenant to
run with the land for a period of fifteen years, in the
event we sell or transfer the above property. The restric-
tive covenant to eliminate use of the property for the
following categories: gas ~tation; auto repair, auto
laundry; animal hospital; retail green house or nursery;
drive-in restauranT~ drive-in food establishment; funeral
parlor; billboards; amusement use (unless s special pemit
is issued).
Addition by Edward J. 8usse: Include also carnival and bus
station.
Very truly youbs,
Edward J. Busse
Trustee - Trust
T~ustee Ekren then read report from the Zoning Board in~re-
gard to the above Case 68-2:
REPORT
March 4, 1953
Re: Case 68-2
Petitioners:' Edw. G. Busse and Wm. Annen
as Tmustees under Land Trust #16
This petition was a request for rezoning from
to B-3 of Lots 30, 31, 32 and the south half of 33; said
property located on the east side of School Street about
feet north of Northwest Highway, for s total frontage on
School Street of 87-1/2 feet.
During the hearing, petitioner, Edward G. Busse,
amended the petition from that stated above to ask for
zoning of Lots 30 and 31 from R-2 To B-B, and Lots 32 and
the south half of 33 (a total of 37-1/2 feet fronting on
School Street) from R-2 to P-l, Off-street parking - Paved.
The Board of Appeals voted 7-0 To approve the
zoning request as amended. There were no objectors presenz.
E. F. Martin, Chairman
Harold H. Ross, Acting Secretary
March 16, 1965
oning
Case 63-2
MEMORANDUM
March 4, 1963
Re: Case 63-2
The original petition was a request for rezon~ng
of Lots 30, 31, 32 and the south h~lf of 33 (fronting on
School Street for a total of 87-1/2 feet) from R-2, duplex
residential, To B-3 - business, retail and service.
Lots 28 and 29, th~ two lot~ immediately south
of the subject property, are presently zoned B-3. However,
the depth of Lot 28, fronting on Northwest Highway, is only
19 feet on the west. Lot 29 is only 25 feet wide with
plotted frontage on School'Street. Neither of these lots
is deep enough or wide enough to permit reasonable or econo-
mically practical building placement. Even taken together
as one parcel with frontage on Northwest Highway, the depth
on the west would only be 44 feet and with the 20-foot rear
yard requirement~ would not permit petitioner to build an
economically feasible building and would deny petitioner the
reasonable use of his B-3 land.
However, the Board of Appeals was reluctant to
rezone all of this R-2 zoned property to B-3. We desired
some "buffer zone" between the B-3 zoning along Northwest
Highway and the duplex residential buildings to the north.
The Board of Appeals therefdre requested the peti-
tioner to amend this petition to request rezoning of Lots 30
and 31 to B-3. This would give an additional 50 feet to the
4~ feet now zoned B-8, for a total depth of 94 feet. With
the 20-foot setback of rear yard required in B-3, this would
permit petitioner reafonable use of his land and would permit
construction of an economically practical buildihg. The
amended petition requested rezoninE of Lot 32 and the south
half of LOT 33 from R-2 to P-l, Off-street Parking Paved.
This would provide 37-1/2 feet of much-needed off-street
parking and would provide a buffer between the existing R-2
and the requested rezoning to B-3..
The Board of Appeals voted 7-0 to grant the request
for rezoning, as amended by the petitioner at the public
hearing. There were no objectors present.
E. F. Martin, Chairman
Harold H, Ross, Acting Secretary
T~ustee Eki~en, seconded by T~ustee Phillips, moved that the
Village Board concur with the Zoning Boardts recommendation
foregoing~ in regard to Case 63-2~ as amended with a§z-eement
signed by Annen & Busse as shdwn on Page 93 '' of these
minutes,
Upon roll call: Ayes: Bruhl Casterline Ek~en Phillips
Nays: Bergen
Absent: Busse
Motion carried.
March 16, 1965
Ord. 1043
Trustee Ek~en, seconded by Trustee Phillips, moved Zoning Case
for the passage of O~dinance 1043: 63-2
AMENDING THE ZONING ORDINANCE RELATING TO
PROPERTY OWNED BY ANNEN & BUSSE ON NORTH-
WEST HIGHWAY NEAR SCHOOL STREET
Upon roll call: Ayes: Bruhl Casterline Ekren
Phillips
Nays: Bergen ~
Absent: Busse
Motion carried.
Trustee Ekren read report and memo Pe Zoning Zoning Case
Case 65-5: 65-5
REPORT
Re: Case 65-5, heard March 5, 1965
Petitioner: Annen & Busse
This was a request for special use for con~mercial
amusement of property presently zoned B-3, located at 406-
408 East Northwest Highway% shown on Page 9-S of the Zoning
Book.
Kecommendation of the Zoning Board is to deny this
petition; bY vote of 6-0. '
Eugene F. Martin, Chairman
N. L. Gorny, Acting Secretary
Zoning Board of Appeals
MEMORANDUM
Re: Case 65-5, heard Ma~ch 5, 1965
Petitioner: Annen & Busse
The presentation was made by M~. Annen of Annen
& Busse, who own the property, and ~k~. H. Hanlon, prospective
operato~ of amusement device and hobby shop.
This p~operty is comprised of Lots 28 and 29 at the
southeast conner of Northwest Highway and School St., both of
which are zoned B-$. The building to be occupied covers part
of Lot 28 and about half of Lot 29, and has been vacant for
about a year. Some time ago the owners contemplated addition
to the existing building, but gradual shrinkage of business
activity along Northwest Highway in this vicinity has altered
any such plans.
M~. Annen testified that there would be safficient
off-street pa~king for about 20 ca~s, assuming that Lot 30
(vacant) could be used. Lot 30 is owned by Annen g Busse and
is zoned R-2. It was explained to Mr. Annen that the gacant
portions of Lots 28 and 29'co~1d not conceivably accon~nodate
the off-street parking requirement, and that perhaps he would
agree to include in his petition the rezoning of Lot 30 from
its present R-2 to P-l, since the proposed use is for parking.
(P-1 forbids any building). Mr. Annen did not care to so
agree.
March 16, 1965
The Zoning Board of Appeals voted 6-0 to deny
This petition. ~
Eugene F. Martin, Chairman
N. L. Gorny, AotinE Secretary
?-%
Note: The special use ordinance specifically requires
off-street parking. The re~ent restrictions on I
street parking, soon to go into effect, means
that all of the Northwest Highway frontage will
be required to have off-street parking (with
Village assistance, bf course.)
Zoning Case 65-5 was referred to the Judiciary Committee.
Trustee Ekren read repot% and memo re Zoning
Zoning Case 65-4:
Case 65-~
REPORT
Re:Zoning Case 65-~, heard March 5~ 1965, continued
from Febnuary 26.
Petitioner: Bresler Realty Co. - Attorney: Jerom~ Greenberg
This was a request for rezoning from R-1 to B-3 and P-l,
of property lying south of Demps~er, west of Busse Road and north
of Algonquin Road, newly annexed.
The request was granted by affirmative vote ~f 6-0.
E. F. Martin, Chairman .~
N. L. ~orny, Acting Secretary
M~MORANDUM ~
Re: Zoning Case 65-~
The petitioner's property was annexed to the Village
involuntarily and the area, although too small to be classed
as a shopping center under our ordinance, is in fact jus% that.
In addition to present shopping center, the petitioner
wants B-$ in the event of possible erection of an office build-
lng on the vacant portion. The Board of Appeals felt in this
case that protection for Sufficient off-street parking was
needed in this a~ea because the property is bounded by Dempster,
Busse Road and Algonquin Road, and on-street parking would be
a Sazard to over-all safety.
In view of the above'mentioned parking problem the
petitioner was asked and agreed to amend his p~tition to include
?-l. P-1 is set upon on attached plat survey. The parking
area r~ns 50 ft. south on the west line; 208 ft. east on the
north iine~ 155 ft. south on ~he east line ahd 230 ft. east on
the south line. All parking area described lies south of
present center buildings. ~-~
Eugene F~ Martin, Chairman ~
N. L. Gorny, Acting Secretary
This case was referred to the Judiciary Committee.
March 16, 1965
Zoning Case
T~ustee Ekren read the following report and memo: 65-3
REPORT
Zoning Case 65-3, heard February 26, 1965
John T. Jumsich and Harry W. Gahagan, petitioners
This was a request to rezone from R-1 to B-3 prop-
er~y at the northeast corner of Dempster and Algonquin Roads
(Parcel 1) and property at the northwest conner of Dempster
and Busse Roads (Parcel 3). This area has been newly an-
nexed to the Village.
The Zoning Board voted 5-0 to allow this request.
N. L. Gomny, Acting Secretary
MEMORANDUM
Re: Zoning Case 65-3, heard February 26, 1965
Parcel i and Pemcel 3 are uniquely situated on
oorne~s and divided by an industrial tract which contains
Public Service transformers. The property is bounded on
the north by a high line and over all it cannot be served
in any other way except by a B-3 zoning. There were no ob-
jectors present.
Although the Board is not especially anxious to
grant open B-3 zoning, this case lends itself to no other
conclusion but to grant the petitioner's request.
N. L. Gorny, Acting Secretary
This matter was referred to the Judiciary Committee.
At 10:06 P.M. M~. Wm. Mort addressed the Board, Board of Trustees
stating he was acting as a citizen and not as Chairman of policy
the D.A.M.P. Committee. He questioned the Board about
their annexation policy and also the sidewalk ordinance.
T~ustee Ek~en replied that areas annexed were either fully
improved or vacant, that the Village was responsible for
some of the services anyway; T~ustee Ekren also advocated
Village responsibility for the sewer system.
Trustee Casterline requested that a matter of Building
buiidling variation for house at 812 S. Wego be put on the
next agenda.
The next regularly scheduled meeting of the Board
will be held on April 6th.
The meeting was adjourned by acclamation at 10:20 P.M.
Respectfully submitted,
Ruth C. Wilson, Clerk
March 16, 1965