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HomeMy WebLinkAboutRes 29-79 08/21/1979 RESOLUTION NO. 29-79 WHEREAS, on December 21, 1978, Lincoln Property Company No. 88, acting by and through its duly authorized representative, requested a certificate that the property located at the northwest corner of Oakton Street and Elmhurst Road, more fully described in Attachment A hereto, could be used and developed for a restaurant under the restric- tions applicable in the B-3 Retail and Service Business District of the Mount Prospect Zoning Ordinance; and WHEREAS, on January 11, 1979, William Amundsen, !the Code Enforcement Officer of the Village of Mount Prospect, ideclined to issue the requested zoning certificate on the Iground that the aforesaid property was controlled by cer- !tain planned development ordinances of the Village under ! , Iwhich the said property could only be used for an automobile , j iservice station; and J i i i WHEREAS, Lincoln Property Cowpany No. 88 filed an I ! 'action for declaratory relief, mandamus, estoppel and injunc- tion entitled Lincoln Property Company, No. 88 v. The Village IOf Mount Prospect, et al., Circuit Court of Cook County, Cause i ~o. 79 L 7128; and WHEREAS, the President and Board of Trustees of Village of Mount Prospect have reviewed the matters issue with respect to the said lawsuit, and have taken 1 with respect to the same, and based upon such review such counsel, have determined that the Zoning Ordinance the Village of Mount Prospect does in fact permit a taurant on the property hereinabove described; and I I . Co I - 2 - WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have further determined that improvement of the above-described property with a restaurant would In fact serve the health, safety, and welfare of the public and that the use of the said prop- erty for a restaurant would be less detrimental to the value, use and enjoyment of the nearby property than the use of the said property for an automobile service sta- tion; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined that the best interests of the Village, and the residents thereof, are not served by litigating the matters at issue in the aforesaid lawsuit and desire to compromise and adjust the matters at issue therein; and WHEREAS, the President and Board of Trustees are advised that the P+aintiff, Lincoln Property Company No. 88, has agreed that upon issuance of the zoning cer- tificate requested in the said letter of December 21, 1978, the said Plaintiff will dismiss the said lawsuit. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, I COOK I I i i ifind 1 , I I Ithe i I COUNTY, ILLINOIS, AS FOLLOWS: SECTION ONE: The President and Board of Trustees as facts the matters hereinabove set forth. SECTION TWO: The Code Enforcement Officer of Village of Mount Prospect, William Amundsen, be and is hereby authorized and directed to issue to Lincoln Property Company No. 88, a zoning certificate evidencing that the above-described property may lawfully be used for ~ II II .' Ii Ii ~) - II !a restaurant provided such proposed use, as shown by Ii lithe plans and drawings submitted under date of December 21, 11978, or thereafter, otherwise complies with the Zoning I lordinance of the Village of Mount Prospect and in par- lticular the B-3 District regulations thereof and the , , j lother codes and ordinances of the Village. The Code i !Enforcement Officer of the Village of Mount Prospect Ibe and he is authorized and directed to deliver the I lsaid zoning certificate to the attorneys for the Village, i ! IMessrs. Ross, Hardies, O'Keefe, Babcock & Parsons, for I ! Idisposition as hereinafter set forth. I I i SECTION THREE: The attorneys for the Village, I IMessrs. Ross, Hardies, O'Keefe, Babcock & Parsons, be and I Ithey are hereby authorized to execute a stipulation to I !dismiSs the above-entitled cause and upon receipt of Isaid stipulation, executed by or on behalf of the Plain- I Itiff in the afor~said action, Lincoln Property Company, , , jNO. 88, the Village's said attorneys are authorized and Idirected to deliver the aforesaid zoning certificate to I Ithe said Plaintiff or its duly authorized representative. I , J i jforce I lin the I I I i SECTION FOUR: This Resolution shall be in full and effect from and after its passage and approval manner provided by law. PASSED THIS 21st DAY OF August , 1979. AYES: 6 " I I I I I i I I ! i I I IATTEST: I ~,.."."., ~" ';I I~'."".i~' .~' ",'.:: 4' ,/ , i/" / / 7,1 } "., ("', ., ;' r ",,-,..' .1 __ -- ._ Cr./"'V.. _..' . '1 / - '\7, 1" - ~"C, .~ p',-}- ~ ....L -L C":j t.::: .i. _._ ,. NAYS: o ABSENT: 0 APPROVED THIS 21st DAY OF August , 1979. ~~)f ~~~ Village President /'''~'''' Part of Lot 1 of the colony being a subdivision of part of the Southeast 1/4 of the southeast 1/4 of Section 23, Township 41 North, Range II East of the Third Principal Meridian in Cook County, Illinois, described as follows: Starting at the intersection of the North line of the South 50 feet of said Southeast 1/4 with a line which is 50 feet West of and Parallel with the East line of said Section 23, thence West along said North line a distance of 60.0 feet to a point of beginning, thence continuing Westerly along said North line a distance of 119.00 feet; thence turning an angle of 900-000-00" to the right of the previously described course a distance of 181.50 feet; thence turning an angle of 900-00'-00" to the right of the previously described course a dis- tance of 180.00 feet; thence turning an angle of 960-28'-59" to the right of the previously described course a distance of 152.90 feet; thence turning an angle of 450-35'-42" to the previously described course a distance of 50.27 feet to the point of beginning. ATTACHHENT A "