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HomeMy WebLinkAboutOrd 3635 04/15/1986 RDINANCE NO. 3635 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS WITH RESPECT TO ZONING CERTAIN PROPERTY IN THE B-3 BUSINESS RETAIL AND SERVICE'DISTRICT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 15th DAY OF April , 1986. Published in pamphlet form by the authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 16th day of April , 1986 405S/7 ORDINANCE NO. 3635 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS WITH RESPECT TO ZONING CERTAIN PROPERTY IN THE B-3 BUSINESS RETAIL AND SERVICE DISTRICT WHEREAS, Morton Fink, Perry Fink, Joyce Freed, Florence Fink and Joan Schlissler of 9210 N. Milwaukee Avenue, Niles, Illinois (collectively the "Petitioner"), have petitioned to rezone certain property hereinafter described from the B-1 Shopping Center District to the B-3 Business Retail and Service District in order to allow Petitioners to build an 18,000 square foot addition to Mr. How and a 17,000 square foot retail expansion to the existing Shopping Center; and WHEREAS, the Subject Property is legally described as follows: That part of the East 1/2 of the Southwest 1/4 of Section 27, Township 42 North, Range 11 East of the 3rd Principal Meridian, lying South of the center line of Rand Road, described as follows: Commencing at the Southwest corner of the East 1/2 of the Southwest 1/4 of said Section 27; thence East along the South line of the Southwest 1/4 of said Section 27 for a distance of 758.61 feet; thence North on a line forming an angle at 90° 40' 40", as measured from West to North with the South line of the Southwest 1/4, for a distance of 487.35 feet; thence East along a line which makes an angle of 90° 58' as measured from South to East with the last described line, for a distance of 253.93 feet'to the center line of Rand Road; thence Northwesterly along the center line of Rand Road for a distance of 298.34 feet to a point of commencement of a curve; thence Northwesterly along a curve having a radius of 15626.10 feet and being convex to the Southwest for a distance of 725.96 feet; thence Southwesterly along a line which makes an angle of 98° 10' with the last described line, measured from Southeast to Southwest, for a distance of 316.80 feet; thence West along a line which makes an angle of 216° 35', measured from Northeast to West with the last described line for a distance of 33.0 feet to an intersection with the West line of the East 1/4 of the Southwest 1/4 of said Section 27, Township 42 North, Range 11 East of the 3rd Principal Meridian; thence South along said West line of said East 1/2 of the Southwest 1/4 for a distance of 1043.13 feet to the place of beginning, except that part of said parcel taken for Rand Road, and excepting therefrom that part of said premises described as follows: Beginning at a point in the South line of said Southwest 1/4, 758.61 feet East of the Southwest orner of the East 1/2 of said Southwest 1/4; thence North on a line forming an angle of 90° 40' 40", as measured from West to North, with the South line of the Southwest 1/4, a distance of 487.35 feet; thence East on a line forming an angle of 90° 58', as measured from South to East with the last described line, a distance of 253.93 feet to the center line of Rand Road; thence Northwesterly along the center line of Rand Road 298.34 feet to a point of commencement of a curve; thence Northwesterly along a curve having a radius of 15626.10 feet and being convex to the Southwest for a distance of 102.06 feet; thence Southwesterly along a radial line of said last described curve, a distance of 236.15 feet more or less, to an intersection with a line 200.0 feet West of and parallel to said line forming an angle of 90° 40' 40", as measured f~om West to North with the South line of said Southwest 1/4; thence South along the last described line, a distance of 600.35 feet more or less to the South line of said Southwest 1/4; thence West along said South line of the Southwest 1/4; 200.0 feet to the place of beginning, and excepting also from said parcel the South 333 feet, as measured along the West line of said East 1/2 of the Southwest 1/4 of said Section 27, Township 42 North, Range 11 East of the Third P.M. in Cook County, Illinois. WHEREAS, a public hearing was held on said rezoning request (designated as Case No. ZBA-53-Z-85) before the Zoning Board of Appeals of the Village of Mount Prospect on the 26th day of September, 1985, the 21st day of November, 1985, the 21st day of January, 1986 and the 27th day of February, 1986, pursuant to due and proper notice thereof published in the Mount Prospect Herald on the 9th day of September, 1985; and WHEREAS, the Zoning Board of Appeals has submitted its finding and recommendation to the PreSident and Board of Trustees of the Village of Mount Prospect that the requested rezoning be approved subject to the Petitioner's compliance with the following conditions: That adequate refuse screening be provided for all segments of the Center; and That a copy of a maintenance agreement for snow removal, property maintenance and landscaping of the grounds be entered into and thereafter be filed with the Village. WHEREAS, the President and Board of TrusteeS have considered further the finding and recommendation of the Zoning Board of Appeals and Petitioner's request and have determined that the best interest of the Village of Mount Prospect would be obtained by the adoption of the necessary Ordinance to accomplish said rezoning upon the conditions hereinabove set forth. 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 Zoning Ordinance (Chapter 14 entitled "Zoning" of the Village Code of Mount Prospect, Illinois, as amended) is hereby further amended to rezone and reclassify from the B-1 Shopping Center District to the B-3 Business Retail and Service District the Subject Property as described above. SECTION THREE: Said rezoning of the Subject Property shall be conditioned upon compliance with those conditions enumerated above as recommended by the Zoning Board of Appeals of this Village and the architectural treatment Of the proposed retail addition shall complement the existing facade by constructing the canopy of bronze or brown tone material subject to the approval of the Planning and Zoning Department. SECTION FOUR; Said rezoning shall be conditioned upon expansion of buildings and site improvements in accordance with site plans and exhibits as submitted by the petitioner. SECTION FIVE: This Ordinance shall be in full force and effect from and after its. passage, approval and pUblica~i°n in pamphlet form in the manner prov±ded by law. PASSED and APPROVED this ~th day of . ~pv~.l , 1986. AYES: Arthur, NAYS: None ABSENT:None Farley, Floros~ Murauskis~ Van I DENT