HomeMy WebLinkAboutOrd 4097 09/19/1989ORDINANCE NO. 4097
AN ORDINANCE GRANTING VARIATIONS FOR PROPERTY
COMMONLY KNOWN AS 1004 WEST LINCOLN STREET
PASSED AND APPROVED BY
THE PRESIDENT AND BOARD OF TRUSTEES
the 19th day of September , 1989
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
~Dd day of September , 1989.
ORDINANCE NO. 4097
AN ORDINANCE GRANTING VARIATIONS FOR PROPERTY
COMMONLY KNOWN AS 1004 WEST LINCOLN STREET
WHEREAS, Edwin E. Muniz (hereinafter referred to as Petitioner)
has filed an application for a variation from certain provisions
of Chapter 14 of the Village Code of Mount Prospect, Illinois, for
property commonly known as 1004 West Lincoln Street (hereinafter
referred to as Subject Property), legally described as:
Lot 17 in Alfini's First Addition to Mount Prospect, being
a Subdivision of part of the South 990 feet of the West
1/2 of the Northeast 1/4 and part of the south 990 feet
of the East 1/2 of the Northwest 1/4 of Section 11,
Township 41 North, Range 11, East of the Third Principal
Meridian, according to the plat thereof registered in the
office of the Registrar of Titles of Cook County, Illinois
on December 2, 1953 as Document Number 1496955 in Cook
County, Illinois
and
WHEREAS, Petitioner seeks a variation from Section 14.1102.B.1 of
Chapter 14 of the Village Code of Mount Prospect to permit a three
foot three inch (3' 3") side yard setback instead of the required
eight feet and a variation from Section 21.601 to permit a fence
height of five feet six inches (5' 6");
WHEREAS, a public hearings were held on the variation requested
being the subject of ZBA Case No. 47-V-89 before the Zoning Board
of Appeals of the Village of Mount Prospect on the 27th day of
July, 1989 and the 10th day of August, 1989, pursuant to due and
proper notice thereof published in the Mount Prospect Herald on the
12th day of July, 1989; 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 variations
requested and have determined that the same satisfies the standards
set forth in Section 14.605 of Article VI of Chapter 14 of the
Village Code and the Board of Trustees further find that it would
be in the best interests of the Village to grant the variations as
specified herein; and
WHEREAS, pursuant to Section 21.605 of the Village Code of Mount
Prospect, the decision of the Zoning Board of Appeals is final as
it relates to the height of fences except when an Appeal is filed
within fifteen days of the date the Zoning Board of Appeals made
their decision; and
WHEREAS, an Appeal was filed from the decision of the Zoning Board
of Appeals relative to the height of the fence requested under ZBA
Case No. 47-V-89, pursuant to Section 14.604.D of the Village Code
of Mount Prospect; and
WHEREAS, the President and Board of Trustees of the Village of
Mount Prospect did consider the Appeal from the decision of the
Zoning Board of Appeals as it relates to the fence height being
requested in ZBA 47-V-89; and
WHEREAS, the President and Board of Trustees of the Village of
Mount Prospect did concur with the decision of the Zoning Board of
BA 47-V-89
Page 2 of 2
Appeals to grant the request for a five foot 6 inch (5' 6") fence
height as requested in ZBA 47-V-89.
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.
SECTION TWO: The President and Board of Trustees of the Village
of Mount Prospect hereby grant to the Subject Property a variation
from Section 14.1102.B.1 to allow a three foot three inch (3' 3")
side yard setback and to permit a fence height of five feet six
inches (5' 6") for the Subject Property, subject to the Petitioner
meeting the permitted 3' 3" side yard setback within thirty (30)
days following the passage of this Ordinance.
SECTION THREE: Except for the variations granted herein, all other
applicable Village of Mount Prospect Ordinances and regulations
shall remain in full force and effect as to the Subject Property.
SECTION FOUR: In accordance with the provisions of Section 14.604
of Chapter 14 of the Village Code, the variations 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 and the Petitioner conforming to the 3' 3" side
yard setback granted herein within thirty (30) days following the
passage of this Ordinance.
SECTION 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: Arthur, Busse, Corcoran, Floros, Van Geem, Wattenberg
NAYS: None
ABSENT: None
PASSED and APPROVED this 19th day of September
,1989.
ATTEST:
~1 A. Fields
Village Clerk