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HomeMy WebLinkAboutOrd 2356 06/06/1972 ORDINANCE NUMBER 2356 AN ORDINANCE GRANTING A VARIATION FOR PROPERTY LOCATED ON THE COMMONWEALTH EDISON RIGHT-OF-WAY NORTH OF KENSINGTON ROAD IN MOUNT PROSPECT WHEREAS, the Board of Appeals of the Village of Mount Prospect did meet on the 27th day of April, 1972, at the hour of 8:00 p.m. in the Village Hall of Mount Prospect and did hear Case No. 72-10A, pursuant to legal notice published in the Mount Prospect Herald on April 12, 1972; and WHEREAS, the Board of Appeals of the Village of Mount Prospect did hear a petition requesting a variation from the requirements of the Mount Prospect Zoning Ordinance in order to construct and operate a distribu- tion substation and seven (7) foot tall fence on property zoned R-l; and WHEREAS, the Board of Appeals of the Village of Mount Prospect has re- commended to the President and Board of Trustees the granting of the use variation requested under Case No. 72-10A for reasons that: 1. There is a practical difficulty and particular hardship on the petitioner in that this parcel has been utilized for transmission lines and utility right-of-way in the past and is zoned R-l, which zoning district disallows commercial enterprises including those that are quasi- public in nature; 2. The purpose of the variation is not based exclusively on a desire to make money; 3. The plight of the owner is due to unique circumstances in that the land is utilized for transmission lines into which the proposed substation will be connected; 4. The alleged difficulty or hardship has not been created by any person presently having an interest in the property; 5. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or sub- stantially diminish or impair property values within the neighborhood -- in fact the equipment is necessary to pro- vide adequate service to the community; and 6. The granting of the variation will not be detrimental to the public or injurious to surrounding property in that it will not alter the essential character of the locality; and WHEREAS, the Building Committee of the Board of Trustees of the Village of Mount Prospect have met on May 10, 1972, and have reviewed Case No. 72-10A and have concurred with recommendations of the Board of Appeals to grant this variation; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined that the matters herein are for the best inter- ests of the Village of Mount Prospect; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the property being the subject matter of Case No. 72-10A, being legally described as follows: That part of a strip of land 210 feet in width, lying Westerly of and adjoining the Westerly line of the S~o Line Railroad Company in the West Half of the Southwest Quarter of Section 25,Township 42 North, Range 11, East of the Third Principal Meridian, bounded and de- scribed as follows: Beginning at the intersection of the South line of the West Half of the Southwest Quarter of said Section 25, with the Westerly line of the Rail- road; thence West along the South line of said West Half of the Southwest Quarter a' distance of 221.93 feet to the intersection with a line 210 feet Westerly of measured at right angles and parallel with the Westerly line of the Railroad; thence North along said parallel line a distance of 400 feet; thence Easterly along a line measured perpendicularly to the last described line a distance of 210 feet to the Westerly line of said Railroad; thence South along said Westerly line of the Railroad to the point .of beginning, containing 2.1 acres more or less and situated in the Village of Mount Prospect, Cook County, Illinois; is currently zoned under the Zoning Ordinance of the Village of Mount Prospect as R-l (Single Family Re'sidence District), which zoning classi- fication shall remain subject to the following variation hereby granted: 1. That the pet i tioner, Commonweal th Edison Company, be allowed to erect, construct, operate, and maintain a power distribu- tion substation upon the above-described parcel; and 2. That inasmuch as the equipment within the substation will be highly technical and dangerous, the said petitioners shall also be allowed to surround the said property with a seven (7) foot high cyclone fence being an angled one (1) foot of barbed wire at the top thereof. SECTION TWO: That all other requirements of the Mount Prospect Buildi~g and Zoning Code shall be applicable except the variations noted in SECTION ONE heretofore mentioned. SECTION THREE: That the Director of Building and Zoning of the Village of Mount Prospect is hereby directed to issue a building permit in accordance with the variations hereinbefore mentioned. SECTION FOUR: That this Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. AYES: 6 NAYS: 0 PASSED AND APPROVED this 6 day o'f Junf> , 1972. ~ -~1age Pres~ 'en. ' ATTESTd~<< Village ~