HomeMy WebLinkAboutOrd 4036 04/18/1989ORDINANCE NO. 4036
AN ORDINANCE AMENDING THE ZONING MAP WITH RESPECT
TO THE ZONING OF CERTAIN PROPERTY FROM B-3 TO B-4
(BUSINESS RETAIL AND SERVICE) DISTRICT AND A SPECIAL
USE FOR PROPERTY COMMONLY KNOWN AS
1796 SOUTH ELMHURST ROAD, MOUNT PROSPECT, ILLINOIS
PASSED AND APPROVED BY
THE PRESIDENT AND BOARD OF TRUSTEES
THE 18th day of April ,1989
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
19th day of April, 1989.
ORDINANCE NO. 4036
AN ORDINANCE AMENDING THE ZONING MAP WITH
RESPECT TO THE ZONING OF CERTAIN PROPERTY FROM
B-3 TO B-4 (BUSINESS RETAIL AND SERVICE) DISTRICT
.'AND A SPECIAL USE FOR PROPERTY COMMONLY
KNOWN AS 1796 S. EL~4~JRST ROAD
WHEREAS, LOUIS BOSCO (hereinafter referred to as Petitioner), has
filed an application to rezone and grant a Special Use for property
commonly known as 1796 South Elmhurst Road (hereinafter referred
to as Subject Property), legally described as follows:
That part of Lot 4 in Linneman's Division of the south 3/4 of the
east 1/2 of the northeast 1/4 and of the west 1/2 of the northeast
1/4 of Section 23, Township 41 North, Range 11 east of the 3rd
principal meridian and the south 477.78 feet of the Qest 1/2 of the
southeast 1/4 of Section 14, Township 41 North, Range 11 east of
the 3rd principal meridian described as follows: Beginning at a
point in the west line of Elmhurst Road being the west line of said
road as dedicated by Document Recorded as No. 11195787 and 50.0
feet west of the east line of said Lot 4 said point being 240.55
feet north of the south line of said lot 4 and 250 feet north of
the center line of Algonquin Road as dedicated by said Document No.
11195787 (both distances measured along said west line of Elmhurst
Road; thence north along said west line of Elmhurst Road for a
distance of 250.0 feet thence west parallel with the north line of
Algonquin Road 220.0 feet; thence south parallel with the west line
of Elmhurst Road 250.0 feet; thence west parallel with the north
line of Algonquin Road 30.0 feet; thence south parallel with the
west line of Elmhurst Road, 200.0 feet to a point in the north line
of Algonquin Road, said point being 39.4 feet north of the south
line of Lot 4; thence east along the north line of Algonquin Road
50.0 feet; thence north parallel with the west line of Elmhurst
Road 200.0 feet; thence east parallel with the north line of
Algonquin Road 200.0 feet to the place of beginning situated in
Cook County, Illinois.
WHEREAS, the application filed by the Petitioner has requested
the Subject Property be rezoned from B-3 to B-4 (Business Retail
and Service) in order to operate a restaurant and a Special Use
in order to operate a drive-thru facility; and
WHEREAS, a public hearing was held on the request for rezoning
(designated as ZBA Case Nos. 5-Z-89) and special use (designated
as 6-SU-89) before the Zoning Board of Appeals of the Village of
Mount Prospect on the 23rd day of March, 1989, pursuant to due
and proper notice thereof having been published in the Mount
Prospect Herald on the 7th day of March, 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
WHEREAS, the President and Board of Trustees of the Village of
Mount Prospect have further considered the request for re-zoning
and Special Use being the subject of ZBA 5-Z-89 and ZBA 6-SU-89
and have determined that the best interests of the Village of
Mount Prospect would be served by granting said requests.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That 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 official zoning map pertaining to Chapter 14
ntitled "Zoning" of the Village Code of Mount Prospect,
Illinois, as amended, is hereby further amended by reclassifying
the property being the subject of this Ordinance to B-4 (Business
Retail and Service District) and a Special Use is granted in
order to operate a drive-thru facility.
SECTION THREE: That the Rezoning and Special Use Permit granted
herein are granted subject to the following conditions:
1. That the permitted use of the subject property shall be
the operation of a Class IV restaurant with a drive-thru
facility.
2. That no other use normally permitted in a B-4 District
shall be permitted on the subject property.
3. That the restaurant permitted herein shall not be
expanded or enlarged in any manner without an amendment to the
Special Use granted herein.
4. At such time as the subject property is no longer used
as a Class IV restaurant with a drive-thru facility, the Village
shall begin the proceedings to rezone the property to a B-3
District.
5. If at any time fifty percent (50%) or more of the legal
or beneficial owners of the property or business changes, the
Petitioner shall notify the Village Clerk.
6. At such time as the subject property is no longer open
to the public as a Class IV restaurant with a drive-thru facility
for a period of more than fourteen (14) consecutive days or for
periods dues to remodeling or refurbishing or acts of God or
circumstances out of the control of the owner such as a fire, the
Petitioner, business operator or owner of the subject property
shall, through its management, notify the Village Clerk in
writing of such closing. The Village shall then commence
rezoning proceedings within three (3) months of such
notification. If such notification is not given to the Village
Clerk, the Village is under no obligation to either being
rezoning proceedings or to permit any other use of the premises.
7. If the Class IV restaurant ceases operation, only those
uses permitted in a B-3 District may subsequently be permitted on
the premises until the property has been otherwise rezoned.
SECTION FOUR: That this Village Clerk is hereby authorized and
directed to record a certified copy of this Ordinance with the
Recorder of Deeds or Registrar of Titles, whichever is
applicable.
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, Farley, Floros, Murauskis, Van Geem, Wattenberg
NAYS: None
ABSENT: None
PASSED and APPROVED this 18th day of April,
Carol A. Fields
Village Clerk
1989.
Carolyn! H. Krause
Village President