HomeMy WebLinkAboutOrd 2974 01/02/1980 ORDINANCE NO. 2974
AN ORDINANCE GRANTING SPECIFIED VARIATIONS
FOR PROPERTY AT 407 W. PROSPECT AVENUE
12/6/79
WHEREAS, Dr. Gregory J. Padovani and Louis A. Kubicek (who shall
be referred to collectively as "Petitioners") are the owners of a
parcel of property located at 407 W. Prospect Avenue in the Villa
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 A, resub of Lots 26 and 27 in H. Roy Berry Company's
Colonial Manor. Being a Subdivision of part of the North-
east 1/4 of Section ll.and part of the Northwest 1/4 of
Section 12, all in Township 41 North, Range 11, East of
the Third Prime Meridian in Cook County, Illinois;
WHEREAS, the Subject Property is located in the R-3 Apartment Res
dence_District under the provisions of the Zoning Ordinance of th~
Village of Mount Prospect (hereinafter referred to as the "Zoning
Ordinance"); and
WHEREAS, Petitioners were previously granted a variation by Ordi-
nance No. 6.95 passed and approved by the President and Board of
Trustees of the Village of Mount Prospect on October 13, 1959 to
allow the use of the Subject Property for dental offices; and
iWHEREAS, Petitioners have requested that said Ordinance No. 695 b~
repealed because Petitioners have been unable to secure a tenant
to use the Subject Property for such purpose; and
WHEREAS, Petitioners have heretofore filed an application seeking
a variation from Section 14.1401 of the Zoning Ordinance to &tlow
50% of the premises of the Subject Property to be used for a dent~
office and the other 50% for a business or professional office; ar
~HEREAS, a public hearing was held on the Petitioners' request fo~
the aforesaid variation, which request is known as ZBA-59-V-79,
before the zoning Board of Appeals of~the Village of Mount
Prospect on October 25, 1979, pursuant to proper public notice puk
ish~d in the Mount Prospect Herald on October 9, 1979; and
~EREAS, the Zoning Board of Appeals has recommended to the Build-
lng Committee of the Board of Trustees of the Village of Mount
Prospect that Petitioners' request for the aforesaid variation,
BA-59-V-79, be granted; and
~HEREAS, the President and Board of Trustees have considered the
Petitioners! request and reviewed the recommendation of the Vil-
lage of Mount Prospect zoning Board of Appeals in ZBA-59-V-79; an~
~HEREAS, the President and Board of Trustees of the Village o~
~ount Prospect have determ%ned that with respect to the Peti-
tioners' requested variation, that Petitioners have satisfied the
~tandards for the grant of variations set forth in Section 14.605
~f Article VI of the zoning Ordinance and find that it would be
.n the best interest of the Village of Mount Prospect to grant
'etitioner the requested variation subject to the Petitioners'
~ompliance with specified conditions with respect to the provision
~f off-street parking.
2 -
~OW, 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
Df the Village of Mount Prospect.
SECTION TWO: Ordinance No. 695 passed and approved by the Presi-
dent and Board of Trustees of the Village of Mount Prospect on
9ctober 13, 1959 be, and the same is hereby, repealed.
SECTION THREE: Subject to the conditions set forth hereinafter
~ecti~n Fourr the President and Board of Trustees of the Village
Df Mount Prospect hereby grant Petitioners a variation from the
~rovisions of Section 14.1401 of the Zoning Ordinance to allow 50%
~f the premises of the following described property to be used as
dental office and 50% to be used as a business or professional
Dffice:
Lot A, resub of Lots 26 and 27 in H. Roy Berry Company's
Colonial Manor. Being a Subdivision of part of the North-
east 1/4 Of Section 11 and part of the Northwest 1/4 of
Section 12, all in Township 41 North, Range 11, East of
the Third Prime Meridian in Cook County, Illinois
(heretofore and hereinafter referred to as the "Subject Property"
SECTION FOUR: The variation granted herein to allow 50% ~of the
~remises of the Subject Property to be used for a business or pro.
fessional office is granted subject to the condition that Peti-
Itioners shall be required to obtain an occupancy certificate from
the Director of Community Development of the Village of Mount
lProspect for any proposed occupant of the premises for such pur-
lpose~ Such occupancy certificate shall not be issued unless and
tuntil Petitioners submit the following information to said
IDirector for review and aPproval:
1. The name and type of business of the proposed occupant;
2. The number of persons who will occupy the premises of the
offJ. ce;
3. The number of visitors to the offices which are expected
on a daily basis;
If there will be visitors to the office, the number of
such visitors which it is anticipated will be on the
premises of the office at the same time;'
o
The number and location of off-street parking spaces to
be available for use by the occupants of such office-and
visitors thereto;
6. Such other information requested by the Director of Com-
munity Development.
e Director of Community Development shall not issue such occu-
Pancy certificate for the businessland professional office use pro
Posed if in the opinion of said Director, based upon the informa-
tion provided by the Petitioners and the number of off-street
Parking spaces required for other similar office uses in the Vii-
.age, Petitioners are not providing a sufficient number of such
Pff-street parking spaces to accommodate the office use proposed.
!he applicant shall be bound.by the decision of the Director of
~ommunity Development.
~ECTION FIVE: The variation granted herein shall be subject to
~evocation if Petitioners fail to comply with the conditions on it
rant set forth in Section Four of this Ordinance.
ECTION SIX: .Except for the variations granted herein, all other
Lpplicable Village of Mount Prospect ordinances shall remain in
~ull force and effect as to the Subject'Property. .
;ECTION SEVEN: This Ordinance shall be in full force and effect
!rom and after its passage, approval, and publication in the
~rovided by law.
~assed this 2nd day of 3anuar¥ , 1980.
~YES: Farley, F!oros, Miller~ Murauskis, Richardson, Wattenberg
~AYS: None
~SENT: None
~pproVed this 2nd day of January
,1980-
ATTEST:
Village Clerk
~Vi 1~1 a g~'j p~e side n t-