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HomeMy WebLinkAboutOrd 3901 03/01/1988ORDINANCE NO. 3901 AN ORDINANCE TO REPEAL ORDINANCE NO. 3510 RELATIVE TO PROPERTY LOCATED AT 701 EAST PROSPECT AVENUE THEREBY REINSTATING VARIATIONS GRANTED BY ORDINANCE NO. 3065 SUBJECT TO CERTAIN STANDARDS AND CONDITIONS CONTAINED HEREIN PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 1st DAY OF March , 1988. Publlshed in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 2nd day of March , 1988. ORDINANCE NO. 3901 AN ORDINANCE TO REPEAL ORDINANCE NO. 3510 RELATIVE TO PROPERTY LOCATED AT 701 EAST PROSPECT AVENUE THEREBY REINSTATING VARIATIONS GRANTED BY ORDINANCE NO. 3065 SUBJECT TO CERTAIN STANDARDS AND CONDITIONS CONTAINED HEREIN WHEREAS, the corporate authorities of the Village of Mount Prospect did grant Ordinance No. 3065, which Ordinance granted specified variations to property commonly known as 701 East Prospect Avenue and legally described as follows: Lot 8 ~n Gleich's Industrial Park, being a Subdivision of part of the West 1/2 of the Northeast 1/4 and part of the West 1/2 of the Southeast 1/4 of Section 12, Township 41 North, Range 11, East of the Third Principal Meridian, according to plat thereof registered in the Office of the Registrar of Titles of Cook County, Illinois on August 6th, 1957 as Document No. 1752354; and WHEREAS, the corporate authorities did repeal Ordinance No. 3065 through the passage of Ordinance No. 3510, thereby rescinding the variations to permit 48 parking spaces and elimination of a loading dock; and WHEREAS, Dolores Cupp, as Contract Purchaser, has filed an application for revocation of Ordinance No. 3510 in order to reinstate the variations thereby permitting 48 parking spaces and the elimination of the loading dock; and WHEREAS, a public hearing was held on the request (designated as Case No. ZBA 8-V-88) before the Zoning Board of Appeals of the Village of Mount Prospect on the 28th day of January, 1988, pursuant to due and proper notice thereof publlshed in the Mount Prospect Herald on the llth day of January, 1988; and WHEREAS, the Zoning Board of Appeals has submitted its findings and recommendations to the Presldent and Board of Trustees of the Village of Mount Prospect to deny the request to revoke Ordinance No. 3510 by a vote of 6-0; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect having considered the request being the sub3ect of ZBA 8-V-88 and having attached specific standards and conditions have determined that it would be in the best interest of the Village to grant the request. 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 f~ndings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: That Ordinance No. 3510 is hereby repealed subject to the owner and successors in interest of the property being the_subject of this Ordinance complying with the following condxtxons: That the owner does hereby agree that any and all leases entered into for the subject property shall contain as conditions the following standards which if not met will result in the termination of said lease: A® Any new tenant(s) or change in tenancy shall be reviewed by the Department of Planning and Zoning and shall be brought before the President and Board of Trustees of the Village of Mount Prospect if Department of Planning and Zoning determines that the change in tenanc~ will increase the floor area of the Sub3ect Property. Be Available parking spaces shall be allocated among the owner and tenant(s) as a term of any lease in such a manner as to seek to eliminate the need for parking on Edward Street, Prospect Avenue and Sha Bonee Trail and that further, the owner and lessee's of the subject property shall expressly prohibit its employees from parking on the streets as specified herein. Ce the De A fully operational loading facility shall be provided on the subject property and that the number of permitted parking spaces shall be reduced to 45 so as to permit the designation of a loading dock area. No parking shall be permitted in the loading area. All deliveries shall take place on-site. Landscaping shall be provided in such a manner as to prevent delivery vehicles from driving over the parkways when maneuvering into the loading area. E® The driveway entering onto Prospect Avenue shall be designated as a fire lane and parking there on shall be prohibited. 2. No current or potential occupant or tenant(s) shall: A. Operate a shift between the hours of 11:30 P.M. and 6:00 AoM., Monday through Sunday; Be Cause noise in excess of the standards established under Section 14.2206 of the Village Code of Mount Prospect or particulate matter to eminate from the subject property; and Cause garbage to accumulate on the sub3ect property in violation of the regulations established in the Village ~ Code of Mount Prospect, in accordance with Article II of Chapter 19 of the Village Code of Mount Prospect. SECTION THREE: A violation of any of the conditions set forth herelnabove shall occur when, after being duly notified by the Village of Mount Prospect, said violation continues unabated for a period of 48 consecutive hours, or whenever the Village Manager determines that the owner or any lessee is engaged in a pattern or practice of violating the conditions of this Ordinance. SECTION FOUR: Upon determination that the conditions set forth herein have been violated, the Village Manager of the Village of Mount Prospect may take any action, legal or administrative, necessary to enforce said conditions. Such action may include, but is not limited to, taking court action The alley running along the south side of the subject property shall be posted a "No Loading Zone" and all parking, standing and/or stopping for deliveries or pick- ups shall be prohibited. This provision shall not prohibit parking on the south side of the Subject Property in the 10 parking spaces currently provided thereon. ommanding compliance with the terms of this Ordinance; enforcement of all applicable V~llage Ordinances Including seeking fines and 3udgments; revocation of the Owngr's and or Lessee's Certificate of Occupancy; or any other action deemed appropriate. If the actions taken by the Village Manager fall to result in an abatement of said violation, the Village Manager shall report to the President and Board of Trustees the results of his actions and upon revlewing said report the President and Board of Trustees may take actions to immediately revoke this Ordinance and the variations granted therein. SECTION FOUR: That this Ordinance shall be in full force and effect from and after its passage, approval and publication pamphlet form in the manner provided by law. AYES: Farley, Floros, Van Geem, Wattenberg NAYS: None ABSENT~ Arthur, Murauskis PASSED and APPROVED this day of March , 1988. ATTEST: Caroly~A. Krause Villag~ President Carol A. Fields Village Clerk