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HomeMy WebLinkAboutOrd 3899 03/01/1988ORDINANCE NO. 3899 AN ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY COMMONLY KNOWN AS HEMPHILL DEVELOPMENT IN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 1st DAY OF March , ~988. Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 2nd day of March , 1988. ORDINANCE NO. 3899 AN ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY COMMONLY KNOWN AS HEMPHILL DEVELOPMENT IN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS WHEREAS, Home by Hemphill, has filed an application for variation with respect to property commonly known as Northwest Hwy at Elm Street ~n the V~llage of Mount Prospect, Illinois (the "Subject Property"); and WHEREAS, the Subject Property is described as follows: Attached Exhibit "A"; and WHEREAS, Petitioner seeks a variation from the following provisions of Chapter 14 of the Village Code of Mount Prospect, Illinois, to allow the construction of multi-family attached dwellings to be built on the Subject Property with the following variations: Sections 14.1402 of Article XIV and 14.2602.B of Article XXVI to allow parking an the required yards, (~n some instances the setback will be zero feet). Sections 14.1402.E of Article XIV and of Article XXV to allow lot coverage of 55%. 14.2503.A.11 of 60% instead e Sections 14.1402, 14.1404.D of Article XIV and 14.2503. A.6 of Article XXV to allow per~meter yards less than 34 1/2 feet required and balconies or patios in these yards, (in some instances the setback may be as low as 4 feet). Section 14.1405 of Article XIV which requires a m~n~mum of 130 parking spaces to allow 160 spaces including 80 spaces on the driveways in required yards leading to the garages. Section 14.2503.A.2.b of Article XXV to allow sale of individual units and a Homeowner's Association in lieu of the 18 month common ownership requirement. Section 14.2503.A.5.b of Article XXV to allow building separation of 30 feet face-to-face and 20 feet from pat~os ~nstead of 27 feet required; and WHEREAS, a public hearing was held on the variation request (designated as Case No. ZBA 6-V-88) before the Zoning Board of Appeals of the Village of Mount Prospect on the 21st day of January, 1988, pursuant to due and proper notice thereof published in the Mount Prospect Herald on the 30th day of December, 1987; and WHEREAS, the Zoning Board of Appeals has submitted its f~nd~ngs and recommendations to the President and Board of Trustees of the Village of Mount Prospect to allow the requested variation, and the President and Board of Trustees of the Village have g~ven further consideration to the variation request and have Page 2 ZBA 6-V-88 determined that the same satisfies the standards set forth In Section 14.606 of Article VI of Chapter 14 of the V~llage Code, and this Board further f~nds that it would be ~n the best interest of the Village to grant the request for variation. NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, AS FOLLOWS: 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 the variations as follows: Sections 14.1402 of Article XIV and 14.2602.B of Article XXVI to allow parking in the required yards, (in some ~nstances the setback will be zero feet). Sections 14.1402.E of Article XIV and 14.2503.A.11 of Article XXV to allow lot coverage of 60% ~nstead of 55%. Sectlons 14.1402, 14.1404.D of Article XIV and 14.2503. A.6 of Article XXV to allow perimeter yards less than 34 1/2 feet required and balconies or patios ~n these yards, (~n some instances the setback may be as low as 4 feet). Section 14.1405 of Article XIV which requires a minimum of 130 parking spaces to allow 160 spaces including 80 spaces on the driveways ~n required yards leading to the garages. Se Section 14.2503.A.2.b of Article XXV to allow sale of individual units and a Homeowner's Association in l~eu of the 18 month common ownership requirement. Section 14.2503.A.5.b of Article XXV to allow building separation of 30 feet face-to-face and 20 feet from patios instead of 27 feet required. SECTION THREE: These variations shall be conditioned upon the redevelopment of the parcel in accordance with the limitations set forth in the redevelopment agreement executed by the V~llage~ of Mount Prospect and Home by Hemphill on February 2, 1988. SECTION FOUR: These variations shall be conditioned upon the redevelopment of the parcel in accordance w~th the Exhibits presented at the Zoning Board of Appeals hearings on January 21, 1988. SECTION FIVE: These variations shall be conditioned upon the submission and approval of final Engineering plans and final landscape planting plans satisfactory to the Village staff. SECTION SIX: Except for the variation granted herein, all other applicable Village of Mount Prospect Ordinances and Regulations shall remain in full force and effect as to the Sub3ect Property. SECTION SEVEN: In accordance w~th the provisions of Section 14.604 this variation shall be null and void unless permits are age 3 ZBA 6-V-88 issued and construction begins within one (1) year of the passage of this Ordinance. SECTION EIGHT: This Ordinance shall be an full force and effect from and after its passage, approval and publication ~n pamphlet form in the manner provided by law. AYES: Farley, Floros, Van Geem, Wattenberg NAYS: None ABSENT: Arthur, Murauskis PASSED and APPROVED th~s 1st day of March , 1988. PRESIDENT ATTEST: VILLAGE CLERK- Beginning at the intersection of the west line of School Street with the south line of Evergreen Avenue; thence west along the said south line of Evergreen Avenue to the west lLne of Elm Street; thence north along the said west line of Elm Street a distance of 256.00 feet to the northeast corner of Lot 16 in Busse's Subdivision of Lot "A" of Block 11 in Busse and WLlle's Resubdivision in Mount Prospect, according to the plat thereof recorded 3/11/1912 as Torrens Doc. 23575; thence west along the north line of said Lot 16 to the northwest corner of said Lot 16; thence south along the west line of Lot 16 to the southwest corner of said Lot 16; (being also the southeast corner of Lot 9 in said Busse and Wille's Resubdfvision in Mount Prospect, according to the plat thereof recorded 3/31/1906 as Doc. 3839591 and 4/18/1906 as Torrens Doc. 3945; thence west along the south line of said Lot 9 to the northwest corner of Lot 13 in said Busse and Wille's Resubdivlsion in Mount Prospect; thence south along the west line of said Lot 13 and said west line extended to the centerline of-Evergreen Avenue; thence west along said centerline of Evergreen Avenue to the extension of the east llne of Lot C in the Resubdivision of Lots 2 through 6 in the subdivision of Block 10 in said Busse and Wille's Resub- division in Mount Prospect according to the plat thereof recorded 3/16/1918 as Torrens Doc. 81952; thence south along said east line extended and east line of said Lot "C" to the east- southeasterly corner of said Lot "C"; thence southwest along the southeast line of said Lot "C" to the northeasterly line of Northwest Highway; thence southeast along said northeasterly line of Northwest Highway to the southwest corner of Lot "A" of George R. Busse's Resubdivislon of Block 9 of Busse and Wille's Resub- division in Mount Prospect according to the plat thereof recorded as Torrens Doc. 1423149; thence northeast along the northwesterly line of said Lot "A" to the northwest corner thereof; thence east along the north line of said Lot "A" to the said west line of School Street; thence north along said west line of School Street to the point of beginning; ~ Except from the above described tract the north 10.00 feet of the west 12.00 feet of said Lot 13 in Busse and Wille's Resubdivision in Mount Prospect. Also, except from the above described tract the following part: Beginnin§ at th? southwest corner of said Lot "A" of George R. Busse's Resubdlvislon of Block 9; thence northwesterly along the northeasterly line of Northwest Highway, 198.29 feet; thence northeast at a right angle to the last described course, 126.00 feet; thence southeast at a right angle to the last described course, 198.29 feet; thence southwest at a right angle to the last described course, 126.00 feet to the point of beginning. EXHIBIT "A"