HomeMy WebLinkAboutOrd 3656 06/03/1986ORDINANCE NO. 3656
AN ORDINANCE GRANTING VARIATIONS FOR CERTAIN PROPERTY COMMONLY
KNOWN AS WEST SIDE OF BUSSE ROAD APPROXIMATELY 800' NORTH OF
NORTHWEST TOLLWAY IN THE VILLAGE OF MOUNT PROSPECT; ILLINOIS
PASSED AND APPROVED BY
THE PRESIDENT AND BOARD
OF TRUSTEES THE 3rd DAY
OF June , 1986.
Published in pamphlet form by
the authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
4 th day of June , 1986
502K
ORDINANCE NO. 3656
AN ORDINANCE GRANTING VARIATIONS FOR CERTAIN PROPERTY COMMONLY
KNOWN AS WEST SIDE OF BUSSE ROAD APPROXIMATELY 800' NORTH OF
NORTHWEST TOLLWAY IN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS
WHEREAS, wilbert F. Rosenow, Hans Rosenow Roofing Co. and Janice
Building Corporation (collectively the "Petitioner") have filed an
application for variations with respect to the above-captioned
property in the Village of Mount Prospect, Illinois (the "Subject
Property"); and
WHEREAS, the Subject Property is described as follows:
The South 12 acres of the North 20 acres and the
North 16.5 feet of the South 20 acres of the North
40 acres all in the East half of the Southeast
quarter of Section 22, Township 41 North, Range 11,
East of the third principal meridian, (except that
part thereof lying within the Illinois State Toll
Highway Commission right-of-way as shown in the
deed thereto recorded in the Recorder's Office of
Cook County, Illinois, on November 9, 1956 as
Document No. 16751119 and except that part lying
Southwesterly of the Southwesterly line of said
Illinois State Toll Highway Commission right-of-way
and except that part of the West 210 feet, measured
at right angles to the West line thereof, lying
Northeasterly of the Northeasterly line of said
Illinois State Toll Highway Commission right-of-way,
and except that part falling in Busse Road), in
Cook County, Illinois. ~-
WHEREAS, Petitioner seeks variations from the following
provisions of Chapter 14 of the Village Code of Mount Prospect,
Illinois, to allow the development of a commercial condominium
development on the Subject Property having a North side yard of
20 feet and a South side yard of 10 fee within a zoning district
otherwise requiring a North side yard of 40 feet and a South side
yard of 30 feet pursuant to Section 14.2202.B of Article XXII and
parking spaces as follows: office use - one (1) space per 250
square feet of gross floor area; Warehouse Use - one (1) space
per 1,500 square feet of gross floor area; and Assembly Use - one
(1) space per 1,000 square feet of gross floor area in a zoning
district otherwise requiring one (1) space per 200 square feet of
gross floor area, pursuant to Section 14.2205.A.1 of Article
XXII, Chapter 14; and
WHEREAS, a public hearing was held on the variation
requested (designated as Case No. 4-V-86) before the Zoning Board
of Appeals of the Village of Mount Prospect on the 13th day of
February, 1986, pursuant to due and property notice thereof
published in the Mount Prospect Herald on the 27th day of
January, 1986; and
WHEREAS, the Zoning Board of Appeals has submitted its
findings and recommendation to the President and Board of
rustees of the Village of Mount Prospect to allow the requested
variations, and the President and Board of Trustees of the Village
have given further consideration to the variation request 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 this Board
further finds that it would be in the best interest of the Village to
grant the request for variations, subject to the petitioner complying
with the following conditions:
That no outside storage of equipment or material
shall be permitted on the site.
Petitioner is to cooperate with the Department of
Planning and Zoning as to development of a suitable
Parking Plan, Landscape Plan and Storm Water Detention
Plan.
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 the
variations requested with respect to Sections 14.2202.B and Section
14.2205.A.1 of Article XXII of Chapter 14 of the Village Code of Mount
Prospect, Illinois, to allow the development of a commercial
condominium development having a North side yard of 20 feet and a
South side yard of 10 feet and to allow parking spaces as follows:
Office Use - one (1) space per 250 square feet of gross floor area;
Warehouse Use - one (1) space per 1,500 square feet of gross floor
area; and Assembly Use - one (1) space per 1,000 square feet of gross
floor area, subject to the petitioner's compliance with the following
conditions:
That no outside storage of equipment or material
shall be permitted on the site.
Petitioner is to cooperate with the Department of
Planning and Zoning as to development of a suitable
Parking Plan, Landscape Plan and Storm Water Detention
Plan.
SECTION THREE: The development of the Subject Property
shall be substantially in conformance with the Site Plan and Exhibits
submitted by the Petitioner and subject to the approval of a Landscape
Plan by the Planning and Zoning Department.
SECTION FOUR: 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 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~ Floros, Murauskis, Van Geem
NAYS: None
ABSENT: Farley, Wattenberg
PASSED and APPROVED this 3rd day of June , 1986.
ATTEST:
Carol A. Fields
Village Clerk
Carolyn ~.
Village President
RESTRICTIVE COVENANT BY AND BETWEEN THE
VILLAGE OF MOUNT PROSPECT, ILLINOIS AND
THE OWNER-DEVELOPER OF CERTAIN PROPERTY WITHIN SAID
VILLAGE REGARDING COMPLETION OF REQUIRED PUBLIC
IMPROVEMENTS PERTAINING TO THE DEVELOPMENT OF SAID PROPERTY
WHEREAS, pursuant to the provisions of Chapter 16 entitled
"Development" of the Village Code of Mou~ p~q~pect, Illinois certain
public improvements are reqUi~d -~be- ~6~S~ructed and installed by
owners and developers of property within the Village, as part of the
approval for the development of such property; and
WHEREAS, the schedule for accomplishing the construction and
installation of such public improvements by the owner-developer of the
property under development is often in conflict with other public
improvement projects adjacent to or within the vicinity of said
property so as to render the accomplishment of such public improve-
ments by the owner-developer to be practically or economically
unfeasible until the same can be combined with or scheduled so as to
conform with such other public improvements affecting the subject
property under development; and
WHEREAS, such other public improvement projects are administered
by the village, county or state, officials over which the owner-
developer has no Control, and in some instances those improvements to
be accomplished by the owner-developer with respect to the property
under development cannot be completed until the other improvements
under village, County or state control have been accomplished; and
WHEREAS, under such circumstances, it is deemed to be inequitable
to delay development of the property under development or to require
the owner-developer to establish a cash escrow,~letter of credit or
improvement bond for the purpose of guaranteeing the completion of
required public improvements due to the delay caused by the inter-
vening or subsequent accomplishment of other public improvement
projects under administration and control of the village, County or
State; and
WHEREAS, Chapter 16 of the Village Code of Mount Prospect,
Illinois provides that in lieu of a cash escrow, letter of credit or
development bond, the owner-developer may execute a restrictive
covenant to be recorded and to run with the land as a guarantee that
the r~quired public improvements shall be completed with respect to
the property under development.
NOW, THEREFORE, in accordance with the provisions of the said
Chapter 16 of the Village Code of Mount Prospect, Illinois, the
Undersigned, Owner-Developer does hereby covenant with the Vill'age of
Mount Prospect, an Illinois municipal corporation, as follows:
1. The Undersigned is the
followiDg described property within
Illinois, to wit:
Owner and Development of the
the village of Mount Prospect,
The South 12 acres of the North 20 acres and the North 16.5
feet of the South 20 acres of the North 40 acres, all in the
East Half of the Southeast Quarter of section 22, Township
41 North, Range 11, East of the Third Principal Meridian,
(except that part thereof lying within %h~'~linois state
Toll Highway Commission Right-of-way as shown in the deed
thereto recorded in the recorder's office of Cook County,
Illinois, on November 9, 1956 as Document No. 16751119 and
except that part lying southwesterly of the Southwesterly
line of said Illinois State Toll Highway Commission Right-
of-way and except that part of the West 210 feet, measured
at right angles to the West line thereof, lying North-
easterly of the Northeasterly line of said Illinois State
Toll Highway Commission Right-of-way), in cook County,
Illinois.
Ail that part of Busse Road lying East of and adjoining the
above described property, in Cook County, Illinois.
2. A plan of development of the described property by the
Undersigned has been approved by the Village of Mount Prospect, which
approval includes the completion of the following public improvements
contained in and provided as a part of the plans, to wit:
The purchase and installation of street lights on Busse Rd.
according to State and local Codes.
3. For a periOd of twenty years (20) years commeDcing from the
date hereof, the
improvements with sixty (60) days after being so advised by the
village of Mount Prospect to commence such construction and instal-
lation work, and shall continue said work without interruption or
delay, until the improvements are completed in a satisfactory manner
and in accordance with Village plans and specifications pertaining
thereto.
4. This Covenant to complete the said public improvements as
herein contained Shall run with the said property; and for the period
of time as set forth herein. Nothing in this CoVenant shall in any
ay prevent the alienation or sale of the subject property or any
portion thereof, except that said sale shall be subject to the
provisions hereof and to the plan of development pertaining to the
property, and the ne~ owner shall be both benefited and bound by the
conditions and restrictions herein expressed.
5. This Covenant shall be binding upon and shall inure to the
benefit of the parties hereto and their successors and assigns in
title and interest and the provisions hereof shall be enforceable in a
proceeding at law or in equity against the person or persons seeking
to violate the same including an action for injunctive relief,
specific performance or to recover damages or other fines and
penalties as may be established in such violations, tn the event that
the owner-developer of the subject property fails to complete the
required improvements or pay a proportionate share of the required
improvements by other contractors within the specified time periods
herein, the value of such improvements shall be entered as a lien
against the property due and payable within sixty (60) days after
notification to proceed with the improvements.
IN WITNESS WHEREOF, the parties h~reto have set their hands and
seals this /~-// day of ~_~_~ , 1988,
See attached Rider for
signatures of present record
owners and their respective
percentages of responsibility.
OWNER-DEVELOPER
OWNER-DEVELOPER
VILLAGE OF MOUNT PROSPECT, ILLINOIS
V,~ LLAGE PRESIDENT
ATTEST:
VILLAGE --CLERK
- 3 -
RIDER TO RESTRICTIVE COVENANT BY AND BETWEEN
THE VILLAGE OF MOUNT PROSPECT, ILLINOIS AND
THE OWNER-DEVELOPER OF CERTAIN PROPERTY WITHIN SAID
VILLAGE REGARDING COMPLETION OF REQUIRED PUBLIC
IMPROVEMENTS PERTAINING TO THE DEVELOPMENT OF SAID PROPERTY
The parties agree that the following are all of the owners
of record of the subject property. Pursuant to the Declaration
of Condominium Ownership, recorded Document NO- 86593417, the
owners are to share in the lighting cost in the following propor-
tions:
Unit No.
Percentaqe of Interest
I 30%
2 40%
3 30%
See attached three pages for signatures of LaSalle National
Bank, Trust No. 107877, owner of Units 2 and 3, signature of J &
L Industrial Supply Co., Inc., of Illinois, a Michigan corpora-
tion, Owner of Unit 1, and the Busse Road Condominium
Association, an Illinois not-fo.r-profit corporation.
TATE OF
COUNTY OF~~ )
)
J & L INDUSTRIAL SUPPLY CO., INC.,
OF ILLINOIS, a Mic. higan corporation
Attest: ~--"~';-~ ~ -~'J~.-../~..--~. ~ ..~
SS
I, the undersigned, a Notary Public, in and for said County,
in the state aforesaid, DO HEREBY CERTIFY that
personally known to me to
be the .... President of the J & L INDUSTRIAL SUPPLY CO.,
INC., OF ILLINOIS, a Michigan corporation, and
S//~__~/~ personally known to me to be the
~_~f_~-~v~ Secretary of said corporation, and
personally known to me to the be same persons whose names are
subscribed to the foregoing instrument, appeared before me this
day in person and severally acknowledged that as such
........ President and ~vT~JT--- Secretary, they
signed and delivered the said instrument as
President and /$~.~/~-- Secretary of said corporation, and
caused the corporate seal of said corporation to be affixed
thereto, pursuant to authority, given by the Board of
~_~?.~-~-~_~ ____ of said corporation as their free and
voluntary act, and as the free and voluntary act of said
corporation, for the uses and purposes therein set forth.
Given under my hand and O'fficial ~al, this .~_~7~_~ day of
, 1 88.
Commission expires
TATE OF ILLINOIS )
)
COUNTY OF COOK )
BUSSE ROAD CONDOMINIUM ASSOCIATION,
an Illin. ois ~ot-fo.r~ofit corporation
Attest: ../'%'c-~ --~'~' '"--~.~..~--'-- ....
SS
I, the undersigned,
in the state aforesaid,
be the
ASSOCIATION, an
personally known
a Notary Public, in and for said County,
DO HEREBY CERTIFY that
personally known to me to
President of the BUSSE ROAD CONDOMINIUM
Illinois not-for-profit corporation, and
personally known to me to be the
Secretary of said corporation, and
to me to the be same persons whose names are
subscribed to the foregoing instrument, appeared before me this
day in person and severally acknowledged that as such
President and Secretary, they
signed and delivered the said instrument as
President and Secretary of said corporation, and
caused the corporate seal of said corporation to be affixed
thereto, pursuant to authority, given by the Board of
of said corporation as their free and
voluntary act, and as the free and voluntary act of said
corporation, for the uses and purposes therein set forth.
G~ven under my hand and official seal, this ~/~. day of
/
Commission expires
IDER ATTACl~D TO AHD HADE A PART OF *DOCIOfEh~
DATED
............... UI~)~ TRUST HO._. 107877 .
Th~e ~nsCrunen~ ~ executed by LASALLE HATIOHAL B;d~, not personsll~
buC solely ss Trustee, ss aforesaid, in the exercise ~f the power
and authority conferred upon and vested in it ss such Trustee.
A~I ~he' te~us, prov~sion8, stipulattons~ covenants and conditions
co be perforned by LASALLE HA?IOHAL BANE are undertaken by it
solely so ~rustee, ~s afores&id, and not individually end
statements herein made ere m~de on lnf0rnetion smd belief end
art to be'%onetrued accordin~ly, and no personal liability
shall be asserted or be enforceable asainst LASALLE HATIOHAL
~ by reason of sn~ of the terns,, provisions, stipulations,
covenants and/or'statements contained in th~s instnnent.
STATE OF ILLINOIS )
)
COUNTY OF COOK )
SS
I, I{arrtet Denisewicz , a Notary Public in and
for the said County, in the State aforesaid, DO HEREBY CERTIFY
that Corinne ~e~ personally known to me to be
the Assistant Vice President of LASALLE NATIONAL
BANK and Rosemary Collins , personally known to me to
be the Assistant Secretary of said Bank whose names are
subscribed to the within instrument, appeared before me this day
in person and severally acknowledged that as such Assistant Vice
President and __~ Secretary of said Bank they signed
and delivered the said instrument of writing as Assistant Vice
President and ~ Secretary of said Bank and caused
the seal of said Bank to be thereunto affixed, as their free and
voluntary act and as the free and voluntary act and deed of said
Bank for the uses and purposes there~n~:~e~t ~o~ ....... ~ . ,~
GIVEN under my hand and notarial
July
My Commission Expires:
seal this 14th day of
ASALLE NATIONAL BANK, not personally,
but as Trustee under a Trust Agreement
dated April 10, 1984 known as Trust
No. 107877
Assistan~ V~ce President
Attest: ~-~. ~
Assista~ecretary
STATE OF ILLINOIS )
)
COUNTY OF COOK )
SS
I, Harriet Dentsewicz , a Notary Public in and
for the said County, in the State aforesaid, DO HEREBY CERTIFY
that Corinne Bek personally known to me to be
the Assistant Vice President of LASALLE NATIONAL
BANK and Rosemary Collins , personally known to me to
be the ~ Secretary of said Bank whose names are
subscribed to the within instrument, appeared before me this day
in person add severally acknowledged that as such Assistant Vice
President and A~sistant Secretary of said Bank they signed
and delivered the said instrument of writing as Assistant Vice
President and ' · Secretary of said Bank and caused
the seal of said Bank to be thereunto affixed, as their free and
voluntary act and as the free and voluntary act and deed of said
Bank for the uses and purposes therein set forth.
GIVEN under
July
mY hand ~a~d n~otarialseal
, 1988.
My Commission Expires:
thiS 14th day of
Harriet Denhewlez ~
Notary Public, State of Hlln°h ·