HomeMy WebLinkAboutOrd 2496 04/02/1974
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ORDINANCE NO. 2496
AN ORDINANCE GRANTING VARIATIONS FOR PROPERTY
SO LOCATED THAT IT FRONTS ON THE SOUTH SIDE OF
BUSSE AVENUE AND ON EMERSON AND MAPLE STREETS
WHEREAS, the Zoning Board of Appeals of the Village of Mount Prospect did hold a
special hearing on February 15, 1974, at the hour of 8: 00 p .m . , in the Mount Prospe~t
Village Hall, pursuant to proper legal notice published in the Mount Prospect Herald!
on January 31, 1974; and I
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WHEREAS, the Zoning Board of Appeals of the Village of Mount Prospect did hear tes1ji-
mony presented under Case No. 9-V-74, pertaining to requests to locate and constru~t
a bank building of up to eight (8) stories or ninety-six (96) feet in height, with addit-
tional variations concerning parking: to provide less than the required one (1) spac4
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for each two hundred (200) square feet of floor area in the bank building, with the I
size of such spaces measuring nine feet by twenty feet (9'x20'); to provide for two (~)
off-street loading areas instead of the three (3) required; and to provide for portion~
of such parking to be located off-site; and
WHEREAS, the Zoning Board of Appeals of the Village of Mount Prospect has recom-
mended to the President and Board of Trustees of the Village of Mount Prospect to
allow the variations as presented; and
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WHEREAS, the President and Board of Trustees of the Village of Mount Prospect subs~-
quently met on March 5, 1974, and considered the recommendations of the Zoning Bo4rc
of Appeals under Case No. 9-V-74; and !
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have!
reviewed the matter herein and have determined that the same is in the best interestsl
of the Village of Mount Prospect.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEESi
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: !
SECTION ONE: That the properties being the subject matter of Case No. 9-V-74, be-:
ing legally described as:
Parcel Number One
Lot A in Mount Prospect Bank Resubdivision of Lots 5, 6, 7, 19
and 20 in Block 12 in Busse and Wille's Resubdivision in Mount
Prospect, in the West Half (D of Section 12, Township 41 North,
Range 11 East of the Third Principal Meridian, according to Plat
of said Mount Prospect State Bank Resubdivision registered in
the Office of the Registrar of Titles of Cook County, Illinois, on
October 22, 1969, as Document No. 2477116, commonly known as
108 to 112 South Maple Street and 109 South Emerson, Mount
Prospect, Illinois.
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Parcel Number Two
Lots 1 to 4 inclusive, and Lots 21 to 23, (except the North 18 feet
of said Lot 23) inclusive, in Block 12, all in Busse and Wille's Re-
subdivision in Mount Prospect in the West Half G) of Section 12,
Township 41 North, Range 11 East of the Third Principal Meridian,
Cook County, Illinois, commonly known as 100 to 106 South Maple
Street and 103 to 105 South Emerson Street, Mount Prospect, Illinois.
Parcel Number Three
Lot 24 and the North 18 feet of Lot 23 in Block 12 in Busse and Wille's
Resubdivision in Mount Prospect in the West Half CD of Section 12,
Township 41 North, Range 11 East of the Third Principal Meridian,
Cook County, Illinois, commonly known as 101 South Emerson Street,
Mount Prospect, Illinois.
are currently zoned under the Zoning Ordinance of the Village of Mount Prospect as
B-2.1 (Business- Financial-Office District); and
Parcel Number Four
Lots 14 and 15 in Block 5 in Busse and Wille's Resubdivision in Mount
Prospect in the West Half G) of Section 12, Township 41 North, Range
11 East of the Third Principal Meridian, Cook County, Illinois, com-
monly known as 15 to 17 South Emerson Street, Mount Prospect, Illinois.
Parcel Number Five
North Half (i) of Lot 17 and all of Lots 18 and 19 in Block 5 in Busse
and Wille's Resubdivision in Mount Prospect in the West Half G) of
Section 12, Township 41 North, Range 11 East of the Third Principal
Meridian, Cook County, Illinois, commonly known as 7 and 9 South
Emerson Street, Mount Prospect, Illinois.
are currently zoned under the Zoning Ordinance of the Village of Mount Prospect as
P-1 (Paved Off-Street Parking District.
All of the above which zoning classifications shall remain in effect subject to the fol-
lowing granted variations:
A. That the land described above as Parcels 1, 2, and 3 may be
developed with a bank building having a maximum height of
six (6) stories or ninety- six (96) feet, whichever is the lesser:
provided that the maximum ceiling level height shall not exceed
ninety-four (94) feet from grade -- all pursuant to the Site Plan
drawn by Peter M. Tsolinas & Associates, and dated December 4,
1973, attached hereto and hereby made a part hereof as Exhibit A.
B. That pursuant to the aforesaid Exhibit A hereto, the size of indivi-
dual parking spaces may be reduced to a dimension of nine feet by
twenty feet (9'x20'), rather than the required ten feet by twenty
feet (10'x20'); and the total number of off-street loading areas
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provided may be reduced so that two (2) such off-street loading
spaces shall be provided on the premises, rather than the re-
quired three (3) such off-street loading spaces.
C. That the required off-street parking to serve the building shown
on Exhibit A hereto may be reduced so that the parking to serve
the building shown on Exhibit A hereto may be located on the five
(5) parcels hereinabove described and amount to a total of one (1)
space for each three hundred (300) square feet of gross floor area
used in the building shown on the said Exhibit A hereto, rather
than the required one (1) space for every two hundred (200) square
feet of gross floor area of said building -- provided that in conjunc-
tion with this variation the applicant guarantees that the off-premises
parking lots described hereinabove as Parcels 4 and 5 shall be used
solely in conjunction with the building shown on Exhibit A hereto --
which guarantees shall be established pursuant to the following
procedure:
1. Recorded Warranty Deed for the off-premises parking lot to
a third party from the Owner;
2. Warranty Deed for the said off-premises parking lot from the
aforementioned third party to the applicant, which Deed shall
be recorded with the Office of the Recorder of Deeds of Cook
County, Illinois, and shall contain the following restrictive
covenants:
"a) This tract is to be used solely as an off-street parking
facility in conjunction with the use of land legally des-
cribed as:
Parcel Number Four
Lots 14 and 15 in Block 5 in Busse and Wille's Resubdivision in Mount
Prospect in the West Half CD of Section 12, Township 41 North, Range
11 East of the Third Principal Meridian, Cook County, Illinois, com-
monly known as 15 to 17 South Emerson Street, Mount Prospect, Illinois.
Parcel Number Five
North Half G) of Lot 17 and all of Lots 18 and 19 in Block 5 in Busse
and Wille's Resubdivision in Mount Prospect in the West Half (!) of
Section 12, Township 41 North, Range 11 East of the Third Principal
Meridian, Cook County, Illinois, commonly known as 7 and 9 South
Emerson Street, Mount Prospect, Illinois.
b) These restrictions or covenants are to run with the land
and shall be binding on all the parties and all firms claim-
ing under them, including the Village of Mount Prospect,
a municipal corporation.
c) If the parties hereto, or any of them, or their heirs or
assigns shall violate or attempt to violate any of the cove-
nants herein, it shall be lawful for the other parties hereto
including the Village of Mount Prospect to prosecute any
proceeding at law or in equity against the person or
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violating or attempting to violate any such covenant -- and I
either to prevent him or them from so doing or to recover I
:: damages or other dues for such violation. II !
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ill SECTION TWO: That, with respect to the construction and development shown on I
!I Exhibit A hereto, all other requirements of the Municipal Code of Mount Prospect shah
!I be applicable, except those variations as specified in SECTION ONE heretofore menti4m
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SECTION THREE: That the Director of Building and Zoning of the Village of Mount pro:
pect is hereby directed to issue a building permit in accordance with the variations ~er
inbefore mentioned. !
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SECTION FOUR: That the variations granted by this Ordinance shall be null and vo* i
of no force and effect whatsoever unless an application for a building permit pursuant t,
such variations is made and construction commenced within one (1) year of the date ~ai
Ordinance becomes effective. I
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SECTION FIVE: That this Ordinance shall be in full force and effect from and after tJe
recordation in the Office of the Recorder of Deeds of Cook County, Illinois, of a propdrl
drawn Plat of Consolidation, resubdividing all of the lots in Parcels 1, 2, and 3 desc+b
hereinabove into one (1) lot of record; the recordation of the deeds referred to in SUqSI
tion C of SECTION ONE hereinabove; and the passage, approval, and publication of tl1i!
Ordinance in the manner provided by law. I
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PASSED and APPROVED this 2nd day of April, 1974. i
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