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HomeMy WebLinkAboutOrd 3065 11/05/1980 RDINANCE NO. '3065 AN ORDINANCE GRANTING SPECIFIED VARIATIONS FOR PROPE~.RTY AT. 701 E.AST PROSPECT AVENUE WHEREAS, Raymond G. Hoven (~ho shall be referred to as "Petitioner"lJ. is th~ contra~t purchaser of a parcel of property located at 701 East Prospect Avenue in the Village of Mount Prospect, County of Cook, State of Illinois (.hereinafter referred to as the "Subject Property"); and WHEREAS, the Subject Property is legally described as follows: Lot 8 in Gleich's Industrial Park~ being a S~bdiuision of part of the ~st Half (.1/2~ of the Northeast Quarter (~1/4~ and part of the West Half (.1/2) of the Southeast Quarter (1/4~ of Section 12, Township 41 North, Range 11, East of the Third Principal Meridian, according to Plat thsreof registered in the Office of the.Registrar of Titles of Cook County, Illinois, on August 6, 1957, as Document Number 1752354; and WHEREAS, the Subject Property is located in the I-1 Light Industrial District under ths provisions of the Zoning Ordinance of the Village of Mount Prospect (hereinafter ~eferred to as the "Zoning Ordinance"~; and W~EREAS, Petitioner has heretofore filed an application seeking the following variations from the provisions of the Zoning Ordinance: e A variation from Section 14.101.F of Article I of the Zoning Ordinance to permit two uses to occupy tSs Subject Property. Variations from Section 14.2202.A of Article XXII and Section 14.2602.B.51.h of Article XXVI of the Zoning Ordinance to permit parking in the required front yard on the Subject Property. A variation from Section 14.2205.A.1' of Article XXII of the Zoning Ordinance to reduce the total number of off-street parking spaces on the Subject Property to 50 from the requi~ed 84. A variation from Section 14.2205.B.l.b of Article XXII of the Zoning Ordinance to permit the elimina- tion of the required loading spaces on the Subject Property. A variation from Section 14.2602.B.35 of Article XXVI of the Zoning Ordinance to reduce the size of off-street parking spaces on the Subject Pro- perty to nine (9) feet x twenty (20) feet from ' the required ten (10) feet x~twenty (20) feet; and WHEREAS,. a public hearing was held on the Petitioner's re- quest for the aforesaid variations, which request is known as ZBA-39-V-80, before the Zoning Board of Appeals of the Village of Mount Prospect on August 28, 1980, pursuant to proper public notice published in the Mount Prospect Herald on August 9, 1980; and HEREAS, the Zoning Board of Appeals has'recommended to the Building Committee of the Board of Trustees of the Village of Mount Prospect that Petitioner's request for the aforesaid variations, ABA-39-V-90, be granted,'except for the requested variation from Section 14.2205.A.1 of Article XXII of the Zoning Ordinance; and WHEREAS, the President and Board of Trustees have considered the Petitioner's request and reviewed the recommendation of the Village of Mount Prospect Zoning Board of Appeals in ZBA-39-V-80; and WHEREAS, the President and Board of Trustees of ~e Village of Mount Prospect have determined that with respect to the Petitioner's requested variations, that Petitioner has satis- fied the standards for the grant of variations set forth in Section 14.605 of Article VI of the Zoning Ordinance and find that it would be in the best interest of the Village of Mount Prospect to grant Petitioner the requested variations, subject to certain conditions. WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined that with respect to the Petitioner's requested variations, that Petitioner has satis- fied the standards for the grant of variations set forth in Section 14.605 of Article VI of the Zoning Ordinance and find that it would be in the best interest of the Village of Mount Prospect to grant Petitioner the requested variations. 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 incor- porated herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: Subject to the conditions set forth in Section~ Three below, the President and Board of Trustees of the Village of Mount Prospect hereby.grant the following variations: A variation from Section 14.101.F of Article I of the Zoning Ordinance to allow two uses rather than the permitted single use. Variations from Section 14.2202.A of Article XXII and Section 14.2602.B.51.h of Article XXVI of the Zoning Ordinance to permit parking in the required front yard. A variation from Section 14.2205.A.1 of Article XXII of the Zoning ordinance to reduce the total number of required off-street parking spaces to 48. A variation from Section 14.2205.B.l.b of Article XXII of the Zoning Ordinance to permit the elimina- tion of the required loading spaces. A variation from Section 14.2602.B.35 of Article XXVI of the zoning Ordinance to reduce the size of off-street parking spaces to nine (9) feet x twenty (20) feet from the required ten (10) feet x twenty (20)' feet. for a parcel of real estate (the "Subject Property") legally described as follows: 3 - Lot 8 in Gleich's Industrial Park, being a Subdivision of part of the West Half (1/2)~of the Northeast Quarter (1/4) and part of the West Half (1/2) of the Eoutheast Quarter (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 6, 1957, as Document Number 1752354.~ SECTION THREE: The variations granted herein are granted subject to compliance, by the owner of the Subject Property and his successors in interest, with the following conditions: Any change in tenancy shall be reviewed by the Department of Community Development and shall be brought before the President and the Board of Trustees of the Village of Mount Prospect if the Department of Community Development determines that the change in tenancy will result in more infen~ive use'of the Subject Property.' Screening, acceptable to the Department of Com- munity Development,~shall be provided and main- tained to reduce the impact of parking along Edward ~Street and the owner of the Subject Property shall execute an Indemnification Agreement indemnifying the Village of Mount' Prospect, its officers, agents, servants, em- ployees, insurers, attorneys and successors, against all claims arising from the provision or maintenance of such screening. The said Indemnification Agreement shall be in the form set forth in Exhibit A, attached hereto. The decorative wall presently screening the park- ing on the north side of the Subject Property shall be relocated, as necessary, to screen the expanded parking area. e The driveway entering on ko Prospect Avenue shall be designated as a Fire Lane and parking thereon shall be prohibited. Any and all landscaping on the Subject Property shall be approved by the Department of Community Development. The owner and occupant of the Subject Property shall prohibit its employees from parking on Edwards Street or Prospect Avenue. SECTION FOUR: Except for the variations granted herein, all other applicable Village of Mount Prospect Ordinances shall remain in full force and effect as to the Subject Property. ECTION FIVE: This Ordinance shall be in full force and ~ffect from and after its passage, approval, and publication Ln the manner provided by law. ?assed this 5th day of November , 1980. ~YES: Farley, Floros, Miller, Richardson, Wattenberg ~AYS: None ~BSENT: Murauskis kpproved this 5th day of November , 1980. lage President ~ttest: Village Clerk