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HomeMy WebLinkAboutOrd 3209 05/04/1982 ~geone ORDINANCE NO. 3209 AN ORDINANCE GRANTING SPECIFIED VARIATIONS AND A SPECIAL USE FOR CERTAIN PROPERTY COMMONLY KNOWN AS MC DONALD'S PROPERTY AT 100 WEST RAND ~0AD, IN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS WHEREAS, McDonald's Corporation (hereinafter referred to as the "Petitioner") is the owner of a certain tract of property, commonly known as the McDonald's property and located at the intersections of Rand and Elmhurst Roads (100 West Rand Road) in the Village of Mount Prospect, Illinois; and WHEREAS, the subject property is legally described as follows: Lots 1 and 2 in Mc Donald's Rand-Elmhurst Subdivision, being a part of the East Half of the Southwest Quarter of Section 27, Township 42 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois and WHEREAS, Petitioner has filed an application requesting a variation from Sections 14.2102.C, and 14.2602.B.24 and B.52 in order to legalize an existing encroachment of the building structure located on the property in question in the required rear yard, to permit a truck loading space of 10 feet by 31 feet rather than the required 10 feet by 50 feet, and to permit the truck space and drive-up lane to jointly occupy the required rear yard; and WHEREAS, the Petitioner has also filed an application seeking a special use for the purpose of adding a drive-up window to the existing premises; and WHEREAS, a public hearing was held on Petitioner's re- quest for the aforesaid variations (designated as Case No. ZBA-3-V-82) and on the Petitioner's request for the aforesaid special use (designated as Case No. ZBA 2-SU-82) before the Zoning Board of Appeals of the Village of Mount Prospect on the 25th day of March, 1982, pursuant to due and proper notice thereof published in the Mount Prospect Herald on March 8, 1982; and WHEREAS, the Zoning Board of Appeals has recommended to the Board of Trustees of the Village of Mount Prospect that the Petitioner's request for the aforesaid variations under ZBA 3-V-82 and Petitioner's request for a special use under ZBA 2-SU-82 be granted in accordance with the Petitioner's Site Plan attached hereto as Exhibit "A", subject to the conditions set forth hereinbelow, to wit. That in the event following a trial period of at least one year, the Village determines, upon the traffic information obtained during said period, to prohibit left turns onto Rand Road from the southerly driveway of the property, then, upon request, such left turn restriction will be enacted. hree parking spaces shall be eliminated from the subject property because of the limited maneuver- ability or use of the public right-of-way. Lighting requirements for a commercial roadway, folloWing state policy, shall be followed and shall apply to both Rand and Elmhurst Roads, and shall contain specifications and details which will include use of 400-watt high pressure sodium lamps on a 40-foot pole with a maximum spacing of 130 feet. A landscape design for the property including the planting of parkway trees on both Rand and Elmhurst Roads shall be submitted to and approved by the Community Development Department of the Village, together with Petitioner's guarantee regarding the planting of 12 parkway trees by the Department of Public Works. That restrictions shall be added to the plat of subdivision of the subject property to provide that no additional direct access other than the existing joint driveway access on the subject property shall be allowd to Rand Road or Route 83 from Lot 2 of Mc Donald's Rand-Elmhurst Subdivision; that Lot 2 of said Subdivision, when developed, will provide detention for both Lots 1 and 2 in said Subdivision, and that no variations will be sought from the provisions of the Zoning Ordinance of this Village with respect to the development of Lot 2; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined that the Petitioner's variation requests satisfy the standards set forth in Section 14.605 of Article VI of Chapter 14 of the Village Code of Mount Prospect, and that the Petitioner's special use request satisfies the standards set forth in Section 14.704 of Article VII of the said Chapter 14 of the Village Code of Mount Prospect, Illinois, and does further find that it would be in the best interest of the Village to grant to the Petitioner the requested variations and special use. 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 do hereby grant to the property above-described the variations requested with respect to Sections 14.2102.C and 14.2602.B.24 and B.52 to permit a 10-foot by 31-foot truck loading space, the elimination of a 20-foot required rear yard area to allow instead for the truck loading space and a drive-up lane, and to allow the encroachment of the existing building on the premises into the rear yard area provided the conditions set / 4/30/82 - Page Three forth above are satisfied. SECTION THREE: The President and Board of Trustees of the Village of Mount Prospect do hereby grant to the property hereinabove described the special use requested with respect to the instal- lation of a drive-up window to the building on the subject property pursuant to the provisions of Section 14.2101.C2 of Chapter 14 of the Village Code of Mount Prospect, Illinois; said special use to be similarly conditioned upon accomplishment of the con- ditions hereinabove set forth. SECTION FOUR: Except for the variations granted herein, all other applicable Village of Mount Prospect Ordinances and zoning 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. PASSED AND APPROVED THIS 4th DAY OF May AYES: Arthur, Farley, Floros, Miller, Murauskis, Wattenberg , 1982. NAYS: None ABSENT: None ATTEST: VILLAGE CLERK VILLAGE ~P RES ID~N~