HomeMy WebLinkAbout05/26/1994 ZBA MinutesZBA CASE NO. ZBA-16-CU-94
PETITIONER:
PUBLICATION DATE:
MEMBERS PRESENT:
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Aearing Date: April 28,,1994
Laurie •
April 12,1994
The petitioners are seeking an amendment to
Conditional Use Ordinance #4630 as
approved on April 5, 1994 to allow an
additional 1,200 square feet to be used in the
Day Care Center.,
Gilbert Basnik, Chairman
Leo Floros
Peter Lannon
Elizabeth Luxem
Jack Verhasseft
• M7
7onald •
Chairman Basnik introduced case ZBA-16-CU-94 being a request to amend Conditional Use
Ordinance #4630 to allow an additional 1, 200 square feet to be used In the Day Care Center.
Ms. Laurie Gashkoff , 320 Crestwood Lane, Mount Prospect,, Illinois, introduced herself to the
Zoning Board of Appeals. Ms. Gashkoff stated that she would like to expand the recently
approved Day Care Center so that she may accommodate more children. She stated that the
response to her survey for a need in Day Care was so great that it would be a good idea to
expand her facility. Also, by serving the needs of more children the Day Care Center would be
more competitive in rates.
Planner, Ray Forsythe then summarized the staff report for the Zoning Board of Appeals. Mr.
Forsythe stated that the applicant Is seeking to add an additional 1,200 square feet of space to
the recently approved Day Care Center. The total space footage will be approximately 3,600
square feet and would permit up to 30 additional children for a total of 75. Mr. Forsythe further
stated that the Conditional Use Permit was approved on April 5, 1994 with the following
conditions. 1. A copy of the license issued by the State of Illinois in order to operate a day care
center in this location is placed on file with the Director of Planning. 2. The day care center
shall be sprinkelered in compliance with the requirements of the Mount Prospect Fire Prevention
Bureau. 3. The Conditional Use granted herein shall apply to the area identified as 1630-1632
West Algonquin Road and that an amendment to this Conditional Use shall be required, prior to
the expansion of the Day Care Center. 4. Nothing installed around the play area shall deduct
from the capacity of the facility. All equipment shall be reviewed and approved by the Director
of Inspection Services. 5. The fence installed around the play area shall be constructed with a
mazimum of 4" - 6" clearance to allow the free flow of water and should be of material which
allows the passage of water. 6. Striping, signs and speed bumps shall be added prior to an
occupancy permit. 7. That the service drive connecting the rear of the subject property to the
adjacent northern property shall be designated "One -Way" northbound.
Page 2
ZBA-I6-CU-94
In summary, Mr. Forsythe stated that staff supports the request to amend the approved
Conditional Use to allow an additional 1,200 square feet to be used with the day care center and
would recommend approval with the original conditions of Ordinance #4630, noting that #3 shall
read 1630, 1+632, and 1634 Algonquin Road.
Chairman Basnik asked what the rates would be. In re Gashkoffs replied that the
rates would be competitive with the area. Also, the rates would''vary,with, the age of the child.
She noted that infants would probably be approximately $135.00 • $150.00 a weep and the rates
would go down from there.
In response to Chairman Basnik with regards to stat Ms.Gashkoff"a ted that there would be
at least 10 employees including a Cook, Director, Assist ant Direct r plus part-time people. The
ratio for infants is 1:4, toddlers 1.5, 2 yr. olds 1.8, 3 to 5 yr. olds 1:10. State regulations can go
1:20. Ms. Gashkoff stated that the amount of staffing would be dependent upon the ages of the
children.
In response to Mr. Floros question regarding the opening of the facility, Ms. Gashkoff said they
were anticipating an August 1st date.
Mr. Lannon then moved that the Zoning Board of Appeals approve the amendment to the
Conditional Use Ordinance #4630 as approved on April 5,, 1994 to allow an additional 1,200
square feet to be used in the Day Care tenter subject to the conditions fisted above including
the change of #3 to read 1630, 1+632 and 1634 Algonquin Read. The motion was seconded by
Ms. Luem.
Upon Roll Call: AYES. Basnik, l=loros, Lannon, Luxem, 'Verhaselt
NAYS: Mone
The motion was approved by a vote of 5-0.
Respectfully, se
Jude, 'Aen Bouids,
Secretary,
VILLAGE OF MOUNT PROSPECT
PLANNING DEPARTMENT
Mount Prospect, Illinois
. ...... ....
TO: MOUNT PROSPECT ZONING BOARD OF APPEALS
GIOL BASNM N
Nl
FROM10 RAY P. FORSYTHE9PLAN , ER
DATE: APRIL 139 1994
CASE NO.: ZBA-16-CU-94
APPLICANT:, LAURIE GASHKOFF
ADDRESS:1634 ALGONQUIN (PLAZA UNA[TED SHOPPING CENTER)
LOCATION MAP`0
PROPERTY DESCRUMON:
ZONING: B-3 Community Shopping District
LOT SIZE: N/A
%COVERAGE: N/A
Gil Basnik, Chairman
Mount Prospect Zoning Board of Appeals
Page 2
The petitioners are seeking an amendment to the Conditional Use Ordinance # 4630 as approved on
April 5, 1994 to allow an additional 1,200 square feet to be used in the Day Care Center.
Summary of Application: The applicant is seeking to add an additional 1,200 square feet of space
to the recently approved Day Care Center. The total space footage will be approximately 3,600
square feet and would permit up to 30 additional children for a total of 75. -
Impact on Surrounding Properties: The Conditional Use Permit was approved on April 5, 1994
with the conditions that:
I A copy of the license issued by the State of Illinois in order to operate a day care
center in this location is placed on file with the Director of Planning;
2. The day care center shall be sprinkelered in compliance with the requirements of the
Mount Prospect Fire Prevention Bureau;
3. The Conditional Use granted herein shall apply to the area identified as 1630-1632
West Algonquin Road and that an amendment to this Conditional Use shall be
required prior to the expansion of the Day Care Center;
4. Nothing installed around the play area shall deduct from the capacity of the facility.
All equipment shall be reviewed and approved by the Director of Inspection Services.
5. The fence installed around the play area shall be constructed with a maximum of 4"-6"
clearance to allow the free flow of water and should be of material which allows the
passage of water (i.e. chain link or board -on -board).
6. Striping, signs and speed bumps shall be added prior to an occupancy permit.
7. That the service drive connecting the rear of the subject property to the adjacent
northern property shall be designated "One -Way" northbound.
Because of the expansion of the center the amendment is required. The expansion will enable a
license of up to 75 children. No other changes to the play area or exterior of the center are requested.
Parking is provided which meets the Ordinance.
See attached Departmental review sheets.
Gil Basnik, Chairman
Mount Prospect Zoning Board of Appeals
Page 3
The petitioner is requesting to amend the approved Conditional Use to allow an additional 1,200
square feet to be used with the day care center. Staff supports the request and would recommend
approval with the original cionditions, of Ordinance # 4630 as fisted in this staff report, noting that #
3 shall read 1630,,1632 and 1634 Algonquin Road.
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PETITIONER
PETITIONER'S APPLICATION - MOUNT PROSPECT ZONING BOARD OF APPEALS
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The petitioner must fill out the top section of this page and each of the attached pages (1-9). The various Village
DeparWx= will put their comments on the lower half of these forms. Jhg_2,!gitioneraad, Q.1ngrm, slon 1hia P
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Petition #
- Will be provided to you by staff.
Petitioner
- Individual who is requesting approval from Village.
(Provide name, address & phone # for each.)
Owner
Owner of the subject property.
(Provide name, address & phone # for each.)
Contact Person
If different from petitioner.
(Provide name, address & phone # for each.)
PIN #
Tax Identification Number.
Location
address.
Zoning
the current zoning classification and proposed if applicable.
Use
The current land use (vacant, house, etc.) and proposed.
Site Gross Area
Total land area involved in petition.
No. Lots
Number of lots involved in petition.
No. Units
Number and size of individual units proposed, if applicable.
DEPARTMENT OF PLANNING
VILLAGE OF MOUNT PROSPECT
100 SOUTH EMERSON STREET
MOUNT PROSPECT, ILLINOIS 60056
Phone.- (228
.1818 5328 - - ---- -----
PLANNING DEPAR'T'MENT
PETITIONER'S APPLICATION - MOUNT PROSPECT ZONING BOARD OF APPEALS
R*11W
1. X COMPLIES WITH COMPREHENSIVE PLAN?
2. X COMPLIES WITH THOROUGHFARE PLAN?
3. ......... VARIATIONS NEEDED FROM ZONING REGULATIONS?
(See below.)
4. X SUBDIVISION REQUERED?
Surrounding Zoning and Land Use:
North: B-3 Community Shopping* vacant
South; B-3 Community Shopping; vacant structures) Dumas'
East: Unincorporated Cook County; United Airlines
West: B-3 Community Shopping; Crystal Court Shopping Center
This Conditional Use is an expansion of a recently approved Day Care Center.
Staff has no additional concerns or comments.
2aENGINEERING DIVISION
— --- - --------
PETITIONER'S APPLICATION - MOUNT PROSPECT ZONING BOARD OF APPEALS
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Sanitary Sewer
Storm Sewer.
b. Surface Improvement
Pavement . . . . . . . .
Curb & Gutter. . . . . .
Sidewalks
Street Lighting . . . . . .
c. Easements
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2. PERMITS REQUIRED OTHER THAN VILLAGE -
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ENGINEERING DIVISION (Continued)
PLANS P'ZE-PA�ED
DATE OF PLANS -
Engineering Coordinator Date
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R.O.W. DEDICATIONS?. ....... .1, ,, ".
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SITE PLAN ACCEPTABLE? ...........
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PFJtLMNARY PLAT ACCEPTABLE?.
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TRAFFIC STUDY ACCEPTABLE?
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STORM WATER DETENTION REQUIRED
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FLOOD PLAIN OR FLOODWAY EXISTING9.
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WETLAND OUSTING?
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GENERAL COMMENTS:
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PLANS P'ZE-PA�ED
DATE OF PLANS -
Engineering Coordinator Date
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, ► FIRE DEPART LENT
PETITIONER'S APPLICATION - MOUNT PROSPECT ZONING BOARD OF APPEALS
I , NUMBER OF STORIES .
2. HEIGHT OF BU ILDING , . .
3. FIRE LANES . .
4. FIRE HYDRANTS .
5. STANDPIPE .
6. SPRINKLERS. . . . . .
7. FIRE PUNT . . . . . . . , . , .
8. FIRE ALARM . . . . , . . . . y `
9. COULD A FIRE ON THE PROPOSED USE BE ADEQUATELY CONTROLLED AND
EXTIFNGUISHEDI
IF NOT, WHAT SPECIFIC CHANGES AND REQUrRENENTS DO YOU SUGGEST TO ACH[EVE
1 PURPOSE.
10. DO ANY E)GSTING OR PROPOSED CUL-DE-SACS ALLOT ADEQUATE ACCESS FOR
EN ERGENCY CLES
11. GENERAL COMNfENTS:/)
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2. HEIGHT OF BU ILDING , . .
3. FIRE LANES . .
4. FIRE HYDRANTS .
5. STANDPIPE .
6. SPRINKLERS. . . . . .
7. FIRE PUNT . . . . . . . , . , .
8. FIRE ALARM . . . . , . . . . y `
9. COULD A FIRE ON THE PROPOSED USE BE ADEQUATELY CONTROLLED AND
EXTIFNGUISHEDI
IF NOT, WHAT SPECIFIC CHANGES AND REQUrRENENTS DO YOU SUGGEST TO ACH[EVE
1 PURPOSE.
10. DO ANY E)GSTING OR PROPOSED CUL-DE-SACS ALLOT ADEQUATE ACCESS FOR
EN ERGENCY CLES
11. GENERAL COMNfENTS:/)
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4 INSPECTION SERVICES DEPAIRTNIENT
PET11 IONER'S APPLICATION - MOUNT PROSPECT ZONING BOARD OF APPEALS
VARIATIONS NEEDED FROM VILLAGE BUILDING CODE (See below)
MEETS HEALTHISAFETY CODE REQ S
1 Building plans must meet all Village and State Codes for Day
Care Centers.
2) All refrigeration and cooking equipment must be commercial grade
equipment.
Director Date
POLICE DEPARTMENT
PETITIONER'S APPLICATION - MOUNT PROSPECT ZONING BOARD OF APPEALS
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1. CHARACTER OF USE: (WOULD IT BE A PROBLEM TYPE?)
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PRESENT TRAFFIC PROBLEMS?
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TRIC ACCIDENTS AT PARTICULAR. LOCATION:
TRAFFIC PROBLEMS THAT MAY BE CREATED BY THE DEVELOPMENT:
3. GENERAL COMIvlENTS:
Director Date
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Mount Prospect
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INTEROFF;
TO: Planner Ray Forsythe
FROM: Director public Works
6.
DATE: April. 1994
SUBJECT* Review of zBA Cases
Re atition for day :are center at .1.634 Algonquin Road, Public
Works has no ob-iccti.
Re petition for build'; ng at 7 N, V.arCell'ld Road. p�:;bliz- works bas
no objections*
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ZB ACAS ES / F; LES / hOPPIAIN
HUMAN SERVICES DEPARTMENT
PETITIONER'S APPLICATION - MOUNT PROSPECT ZONING BOARD OF APPEALS
Director ' " l 4 "Date
CAF/
5/25/94
*RDINANCE NO,
is A 9
10 •A Am
WHEREAS, Laurie Gashkoff (hereinafter referred to as Petitioner) has filed a petition for
an amendment to Ordinance No. 4630 granting a Conditional Use to property located at
1630-1632 West Algonquin Road (hereinafter referred to as the Subject Property); and
WHEREAS, the Subject Property is legally described as follows:
Space No. 1634 in Lot 1 in Plaza United, being a part of the northeast
Quarter of Section 22 and part of the Northwest Quarter of Section 23, in
township 41 North, Range 11, East of the Third Principal Meridian, in Cook
County, Illinois;
and
WHEREAS, Petitioner seeks to expand the area being the subject of the Conditional Use
granted in Ordinance No. 4630 by an additional 1,200 square feet, for a total of 3,600
square feet, in order to permit a Day Care Center and play -yard in the Plaza United
Shopping Center; and
WHEREAS, a public hearing was held on the request for Conditional Use, designated as
ZBA Case No. 16 -CU -94, before the Zoning Board of Appeals of the Village of Mount
Prospect on the 28th day of April, 1994, pursuant to proper legal notice having been
published in the Mount Prosvect Herald on the 12th day of April, 1994; and
WHEREAS, the Zoning Board of Appeals has submitted its findings and
recommendations to the President and Board of Trustees in support of the request being
the subject of ZBA 16 -CU -94; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have
given consideration to the request herein and have determined that the same meets the
standards of the Village and that granting of the amendment to the Conditional Use
granted in Ordinance No. 4630 would be in the best interests of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: The recitals set forth hereinabove are incorporated as findings of fact
by the President and Board of Trustees of the Village of Mount Prospect.
SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect
do hereby amend Ordinance No. 4630 to provide for an area totoalling 3,600 square feet
for the operation of a Day Care Center and play -yard.
SECTION THREE: That all other conditions set forth in Ordinance No. 4630 shall remain
ZBA 16 -CU -94
Page 2 of 2
in full force and effect.
�EgTION FO This Ordinance shall be in full force and effect from 'and after its
passage, approval and publication in pamphlet form in the manner provided • law.
AYES:
NAYS'.
ABSENT:
PASSED and APPROVED this day of A 1994.
Gerald L. Farley
Village President
ATTEST:
Carol A. Fields
Village Clerk
Donald R. Goers
1805 Apache Lane
Mt. Prospect, IL 60056
May 23, 1994
Mr. William J. Cooney, Jr. AICP
Director of Planning
Village of Mount Prospect
100 S. Emerson St.
Mt. Prospect, IL 60056
RE: ZBA 14—V-94
My wife and I are requesting that the second reading be waived and that
the ordinance approving the variation to Section .14.306.4 to allow a new
deck to be attached to an existing deck and an existing pool be favorably
considered on the first reading.
Your cooperation and assistance is greatly appreciated,
Respectfully,
Donald & Connie Goers
MAY 2 5 1994 '-'
VILLAGE OF MOUNT PROSPECT
PLANNING DEPARTMENT
Mount Prospect, Illinois
0,
TO* MICHAEL E. JANON11S, VILLAGE MANAGER
FROM: WILLIAM J. COONEY, JR., DIRECTOR OF PLANNING
EASE.
MAY 99 19941
SUBJECT: ZBA-14-V-94, DON AND CONNILE GOERS
LOCATION: 1805 APACHE
The Zoning Board of Appeals transmits for your consideration their recommendation on a request
for a variation at 1805 Apache Lane. Specifically, the applicants are seeking to construct a 17' x 10'
deck attached to the existing deck and the existing swinnuing pool, which creates a zero foot
separation from an accessory structure and the principal structure instead of the required 10 feet.
The request was reviewed at the regular Zoning Board of Appeals meeting of April 28, 1994. At the
meeting, Mr. Don Goers presented the request. W Goers indicated that they would like to construct
a deck attached to the pool. He indicated that the logical location is adjacent to the existing deck.
140
He stated that a large tree would have to be removed if all setbacks were required.
Ray Forsythe, Planner, summarized the staff report. He indicated that the pool was constructed in
1993 in a location which meets the setback and lot coverage requirements. He indicated that a deck
could be constructed which meets the setback requirements and staff feels that no hardship has been
established.
The Zoning Board of Appeals discussed the request. Mr. Lannon indicated that he believed that the
separation was placed in the Zoning Ordinance to stop the spread of fire from one structure to the
next. He stated that he felt this was not increasing the fire hazard.
The members also discussed the size of the pool and deck. They indicated that the request was
acceptable. By a vote of 5-0, the Zoning Board of Appeals recommends approval of the request.
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MINUTES OF THE REGULAR MEETING OF THE
MOUNT PROSPECT ZONING BOARD OF APPEALS
ZBA CASE NO. ZBA-14-V-94
PETITIONER:
SUBJECT PROPERTY:
PUBLICATION DATE:
REQUEST:
MEMBERS PRESENT:
ABSENT:
Hearing Date: April 28, 1994
Don and Connie Goers
1805 Apache
April 12, 1994
The petitioners are seeking a variation
to Section 14.306.4 to allow a deck to be
attached to an existing deck and an existing
swimming pool, which creates a zero foot
separation from an accessory structure and
the principal structure instead of the required
10 feet.
Gilbert Basnik, Chairman
Leo Floras
Peter Lannon
Elizabeth Luxem
Jack Verhasselt
Robert Brettrager
Ronald Cassidy
Chairman Basnik then introduced case ZBA-1 4-V-94 being a request for a variation to Section
14.306.4 to allow a deck to be attached to an existing deck and an existing swimming pool,
which creates a zero foot separation from an accessory structure and the principal structure
instead of the required 10 feet.
Mr. Don Goers introduced himself to the Zoning Board of Appeals. Mr. Goers stated that they
would like to add a deck to the pool and existing deck. The most desirable spot would be to add
the deck to the North side of the pool to attach directly to the pool. The alternative spot would be
to add to the West side of the pool but feels this would create a hardship with removal of a tree
and bushes. Also, Mr. Goers stated that for safety concerns the North side would be better than
the alternative locations. He feels this would provide additional egress and the ability to
supervise the pool from the house.
Planner, Ray Forsythe then summarized the staff report for the Zoning Board of Appeals. Mr.
Forsythe stated the petitioners constructed a pool in 1993 with a permit which was conforming to
setbacks, lot coverage and fencing requirements. Because the petitioner is seeking to attach a
new deck to the pool, the minimum 10 foot separation is not met. All other setbacks and lot
coverage requirements will be met.
Mr. Lannon asked what the purpose of the setback was. In response, Mr. Forsythe explained it
was mostly for safety reasons so that fire equipment could be provided in the rear yard should it
be needed. Mr. Lannon replied that he felt the main purpose was to maintain fires from structure
to structure and that would not be adding any additional fire hazards.
Page 2
ZBA-14-V-94
Chairman Basnik asked if one could pass through underneath the deck. Mr. Goers replied that
one could not. Also,, there is a stairway on the East side (main entrance) and would consider
having stairs on both sides. Mr. Goers further added that the proposed deck would match the
existing deck and surrounding fence. Currently,, the pool has a ladder with just a fence around
the pool. The proposed deck would be 10'x 15'.
Mr. Floros asked how big the pool was. Mr. Goers stated that the pool is 271 in diameter. Mr.
Goers further stated that he moved to this location in 1984 and the current deck was there. He
added the pool in 1993. Mr. Goers has a 117 x 87 shed in the back of his residence.
Chairman Basnik inquired about lot coverage. In response, IMr. Forsythe stated that currently lot
coverage is 32% and would be at 34% with the proposed deck. There is a maximum of 45% lot
coverage allowed.
Chairman Basnik asked Mr. Goers if his neighbors knew what he was proposing to, do with the
deck. Mr. Goers stated that his next door neighbors knew and he had not received any any
negative feedback.
The Board generally discussed the proposed deck. Mr. Goers, stated that if they used the
alternative location, a Chinese Willow tree (approximately 2 ft. in diameter) would have to be
removed. Thus, the North side location would be Ideal.
Mr. Verhasseft inquired about missing fencing on one side. Mr. Goers stated that he has mature
bushes where there isn't a fence. Mr. Goers, further stated that there will be a gate with a lock.
Chairman Basnik asked staff If they were satisfied with the security of the pool and Mr. Forsythe
said the pool and fence meet current ordinance standards.
Mr. Floros, then moved that the Zoning Board of Appeals approve a variation to Section 14.306.4
to allow a deck to be attached to an existing deck and an existing swimming pool, which creates
a zero foot separation from an accessory structure and the principal structure instead of the
required 10 feet as shown in petitioners exhibit 1. The motion was seconded by Mr. Lannon.
Upon Roll Call.- AYES: Basnik, Floros, Lannon, Luxem, Verhasselt
NAYS: None
The motion was approved by a vote of 5-0.
Respectfully submitted,
Julie Ann Souris
Secretary
VILLAGE OF MOUNT PROSPECT
PLANNING DEPARTMENT
Mount Prospect, Illinois
TO:
MOUNT PROSPECT ZONING BOARD OF APPEALS
GIL BASN11Kw CHAIRMAN
FROM:
RAY P. FORSYTHE9 PLANNER 'G
DATE:
APRIL 18, 19941
CASE NO.:
ZEA -14-V-94
APPLICANT:
DON AND CONNIEE GOERS
ADDRESS:
1805 APACHE
LOCATION MAP:
914
so co o 912
co CN
cc co go :0 6*
L
HOPI L)4
QD
co a0 go L 00 Co go 0 cc 0
V to
N'
4<0? 0
40
cc :0 0 MOP
oft �1 — — — om
PROPERTY DESCRIPTION:
ZONING: R-1 Single Family Residential
LOT SIZE: 10,050 sq. ft.
%COVERAGE: Current: 32%; Proposed: 34%
Y9063F90
0 0 0
;0
1�
W
%
Q'I
800
Gil Basnik., Chairman
Mount Prospect Zoning Board of Appeals
Page 2
The petitioners are seeking a variation to Section 14.306.4 to allow a deck to be attached to an
existing deck and an existing swimming pool, which creates a zero foot separation from an accessory
structure and the principal structure instead of the required 10 feet.
..........
U fflfftl W, A W"61 413, %`
Summary of Application- The application indicates that there is a tree and bushes which would
have to be removed if the deck were located 10 ft. from the principal structure.
Impact on Surrounding Properties: The petitioners constructed a pool in 1993 with a permit
which was conforming to setbacks, lot coverage and fencing requirements. Because the petitioner
is seeking to attach a new deck to the pool, the minimum 10 foot separation is not met. All other
setbacks and lot coverage requirements will be met.
There is an existing deck, and additional decking could be added to the side of the pool which would
meet the 10 foot separation, therefore, staff does not feel a hardship has been established.
DEPARMANT ALCONTS
See attached staff reviews.
SL M [ARWRECOMMENDATION'
The petitioners are requesting a variation to allow a deck to be attached to the principal structure and
1
an accessory swimming pool with no setback provided. The petitioner has not demonstrated that a
sufficient hardship exists that would warrant granting the requested variation. Staff therefore,
recommends denial of the request and that the petitioner investigate the installation of a deck that
conforms with Vidlage Code.
PETITIONER
PETITIONER'S APPLICATION MOUNT PROSPECT ZONING BOA
RD OF APPEALS RON,
Petitioner Signature
Date Owner011311eneficial) Date
The petitioner must fill out
the top section of this page and each of the attached pages (1-7). The various Village
DeParbrients wi1l PkA d%#6r comments on the lower half of these forms. '1 %0
e� De1*WiQ_n1r_a'nA,gwn1q 0=1 Sim Dage
A 'n D, 01vided
line
comptried ap I
Duo to submiging,111h DI"gaiopt
DIU4 N 0 QQMPLETE_F!2RMS#L
Petition
Will be provided to you by staff.
Petitioner W
Individual who is requesting approval from village.
(Provide name, address & phone # for each.)
Owner M
Owner of the subject property.
(Provide name, address & phone # for each.)
Contact Person
If different from petitioner.
(Provide name, address & phone # for each.)
PIN 9
Tax Identification Number.
Location
address.
Zoning -
the current zoning classification and proposed if applicable.
Use -
The current land use (vacant, house, etc.) and proposed.
Site Gross Area
Total land area involved in petition.
No. Lots
Number of lots involved in petition.
No. Units
Number and size of individual units proposed, if applicable.
DEPARTMENT OF PLANNING
VELLAGE, OF MOUNT PROSPECT
100 SOUTH EMERSON STREET
MOUNT PROSPECT, ILLINOIS 60056
Phone: (708) 818-5328
1 PLANNING DEPARTMENT
PETITIONER'S APPLICATION - INIOUNT PROSPECT ZONING BOARD OF APPEALS
NO
1. COMPLIES WITH CONfPREHENSIVE PLAN?
2. COMPLIES WITH THOROUGHFARE PLAN?
..... ..............
3. VARIATIONS NEEDED FROM ZONING REGULATIONS?
(See below.)
4. SUBDIVISION REQUIRED?
The variation is requested to allow a zero foot separation between the principal, structure and, an accessory
structure instead of the required 10 feet. The deck couldbe located elsewhere on the lot and not require
i
variations. No hardship has been provided. Staff recommends denial.
Surrounding zoning and land uses:
North: R- I Single Family, residences
South: R- I Single Family, residences
East: R-1 Single Family, residences
West: R- I Single Family, residences
Date
Director
ENGINEERING DIVISION
PETITIONER'S ETITIONER*S APPLICATION - MOUNT PROSPECT ZONING BOA" OF APPEAL
.........
4
1. PUBLIC HV1[PROVEN1EYrS
REQUIRED: ........ N CONfMIENTS
a. Underground Utilities
Water.
Sanitary Sewer ........
Storm Sewer. . . . . . . .
b. Surface Improvement
Pavement
Curb & Gutter ........
Sidewalks .. . . . . . . .
Street Lighting ......
c. Easements
Utility& Drainage
Access. )L
2. PETS REQUIRED OTHER THAN VILLAGE.
a. MWRDGC b. IDOT
C. ARMY CORP d. TEPA e. CCHD
3. R.O.W. DEDICATIONS? .......
4. SITE PLAN ACCEPTABLE? .........
5. PRELDAINARY PLAT ACCEPTABLE? ...
6. TRAFFIC STUDY ACCEPTABLE?
7. STORM WATER DETENTION REQUIRED
8. FLOOD PLAIN OR FLOODWAY EXISTING?
9. WETLAND E)aSTING?
GENERAL COMMENTS
c,
ENGINEERING DIVISION (Continued)
•
PLANS PREPARED BY'.---,
DATE OF PLANS: Date
Engineering Coordinator _4��
FIRE DEPARTMENT
PETITIONER'S APPLICATION - NIOUNT PROSPECT ZONING BOARD OF APPEALS
L NUMBER OF STORIES
2. HEIGHT OF BUILDING
3. FIRE LANES.
4. FIRE HYDRANTS.
5. STANDPIPE ....... ......
6. SPRINKLERS ...............
7. FIRE PUMP .
8. FIRE ALARM
9. COULD A FIRE ON THE PROPOSED USE BE ADEQUATELY CONTROLLED AND
EXTINGUISHED?.,,
IF NOT, WHAT SPECIFIC CHANGES AND REQUMENMNTS DO YOU SUGGEST TO ACHIEVE
THIS PURPOSE
10. DO ANY E)CISTING OR PROPOSED CUL-DE-SACS ALLOW ADEQUATE ACCESS FOR
EM(ERGENCY VEIUCLES? , ,,
I I. GENERAL CONOAENTS:
ire r Date
INSPECTION SERVICES DEPARTMENT
lipl ll;q�
l
[
1! 11 11111 :iII::11 11 1� 1��
III 11 111 � Zllli 1111,11 ysmvutm Wj%!Illlx*NfF
VELLAGE BUILDING CODE IVP Z,41-zw
e;('v e'e,-1w1we c- e-
2. =,I C
clec4- /)i,cz/ lr)ee--i�- CeI46�1'1
e y4c..,, 11%e In el;tJ Aro C e i C?oe
� " -e ca,41f,
Director Date
7
POLICE DEPARTM, F _ NT
PETITIONER'S APPLICATION - MOUNT PROSPECT ZONING BOARD OF APPEALS
CHARACTER OF USE: (WOULD IT BE A PROBLEM TYPE?)
2. ARE LIGHTING REQUIREMENTS ADEQUATE?
,el
3. PRESENT TRAFFIC PROBLEMS?
4. TRAFFIC ACCIDENTS AT PARTICULAR LOCATION:
/t.,%
5. TRAFFIC PROBLEMS THAT MAY BE CREATED BY THE DEVELOPMENT:
3. GENERAL COMMENTS:
Director Date
'I
PUBLIC WORKS DEPARTMENT
PETITIONER'S APPLICATION - MOUNT PROSPECT ZONING BOARD OF APPEALS
EXISTING RJEQUMD
TW, RQ—VE, MM ROVEMENT CO
I. UTILITIES;
Water
Metering
Backflow
Sanitary Sewer
Storm Sewer
2. �SURF CE:
Pavement
Curb & Gutter
Sidewalks
Streetlighting
1,
3. UNERALCQhjSjEh M—�
Director Date
u � i
-Ile
We
Village Clerk Date
CAF
5/25/94
#RDINANCE NO.
WHEREAS, Don and Connie Goers (hereinafter referred to as Petitioners) have filed an
application for a variation from Chapter 14 of the Village Code of Mount Prospect, Illinois,
for property commonly known as 1805 Apache (hereinafter referred to as Subject
Property), legally described as:
Lot 90 in Forest Manor Unit No. 2, being a subdivision in the southwest 1/4
of the southeast 1/4 of Section 25, Township 42 North, Range 11, East of
the Third Principal Meridian, according to plat registered in the Office of the
Registrar of Titles of Cook County, Illinois on May 29,1963, as Document
Number 2093496.
Mrt
WHEREAS, Petitioners seek a variation from Section 14.306.4 to allow a deck to be
attached to an existing deck and pool, creating a zero foot separation between an
accessory structure and principal structure, rather than the required ten feet; and
WHEREAS, a public hearing was held on the variations requested being the subject of
PBA Case No. 14-V-94 before the Zoning Board of Appeals of the Village of Mount
Prospect on the 28th day of April, 1994, pursuant to due and proper notice thereof
published in the Mount Pros qct Herald on the 12th day of April, 1994; and
WHEREAS, the Zoning Board of Appeals has submitted its findings and recommendation
to the President and Board of Trustees of the Village of Mount Prospect and the
President and Board of Trustees of the Village have given further consideration to the
variation being the subject of PBA 14-V-94 and have determined that the best interests
of the Village of Mount Prospect would be served by granting said variation.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE*. The recitals set forth hereinabove are incorporated herein as findings
of fact by the President and Board of Trustees of the Village of Mount Prospect.
SE,C'T'I,.QN'TWO*. The President and Board of Trustees of the Village of Mount Prospect
hereby grant to the Subject Property a variation from Section 14.306.4 to allow a zero
foot separation between the principal structure and an accessory structure rather than the
required 10 feet, as indicated on the attached site plan.
�ECTION THREE- Except for the variation granted herein, all other applicable Village
of Mount Prospect Ordinances and regulations shall remain in full force and effect as to
the Subject Property.
SECT1,9N FOUR., In accordance with the provisions of Section 14.203.0.12 of
ZBA 12-V-94
Page 2 of 2
of Chapter 14 of the Village Code, the variation granted herein shall be null and void
unless permits are issued and construction begins within one (1) year from the date of
passage of this Ordinance.
ffiCTION,--FIVE: This Ordinance shall be in full force and effect from and after its
passage, approval and publication in 'pamphlet form in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of 1994.
WNW
Gerald L. Farley
Village President
ATTEST:
Carol A. Fields
Village Clerk
ORDINANCE NO*
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTYr ILLINOIS
BE IT ORDAINED by the President and Board of Trustees of the
Village of Mount Prospect, Cook County, Illinois, acting in the
exercise of their home rule power;
SECTION 1: That Chapter 13 of the Mount Prospect Village
Code, as amended, is hereby further amended by deleting Chapter
13 in its entirety and inserting a new Chapter 13 which shall be
and read as followsl
CHAPTER 13
ALCOHOLIC LIQUORS
Subject Article
General Provisions .....................I
ARTICLE I
GENERAL PROVISIONS
APN�6�
13.101
Definition
13.102
License Required
13.103
Application for Retailer's License
13.104
Management Entities
13.105
Restrictions on Issuance of Licenses
13.106
Term -Prorating Fee
13-107
Licenses and Permits
13.108
Number of Licenses
13.109
Disposition of Fees
13.110
Application Process Completed
13.111
Compensation, Powers and Duties of Local Liquor
Control Commissioner
13.112
Penalties Upon Hearing Before the Local Liquor
Control Commissioner
13.113
Transfer of License
13-114
Renewal of License
13-115
Change of Location
13-116
Consumption on Premises
13-117
Restrictions on Premises
13.118
Closing Hours; Sunday Closing
13.119
Peddling
13.120
Compliance with Building, Sanitary, Safety and
other Regulations of the Village
13.121
Live Entertainment
13.122
Prohibited Conduct
13.123
Fighting Prohibited; Licensees Conduct
13.124
Dram Shop Insurance
13.125
Conduct of Employees and Agents
13.126
Sale to Intoxicated Persons; Habitual Drunkards
13.127
Prohibited Sale or Promotion of Alcoholic
Beverages
13.128
Prohibited Sale of Refrigerated Alcoh6lic Liquor
in Single Containers
13-129
Regulations with Respect to Underage Persons
13.130
Consequences of Facilitating the Use of Alcoholic
Beverages by Underage Persons
13-131
Use of False Identification
13-132
False Identification not a Defense
13-133
Operation of a Motor Vehicle While in a State
of Impairment
13.134 Operation of a Motor Vehicle by Underage Persons
With an Alcoholic Beverage in or on the Vehicle, -
When the Underage Person is Impaired Due to
Alcohol or has Alcohol, in the System or is
Operating the Vehicle in Violation of a
Restriction Pursuant to this Chapter
13.135 Procedure for Driving Restriction Notification;
Hearing
13.136 Penalty for Violating Driving Restriction
13-137 Penalties; General
Sec. 13.101. Definitions. Unless the context otherwise
requires, the following terms as used in this
Chapter shall be construed according to the
definitions given below.
ALCOHOLIC A. Any spirits, wine, beer, ale or other
BEVERAGES or liquid intended as a beverage and containing
LIQUOR: more than one-half of one percent (.5%) of
alcohol by volume
B. Any beverage containing any
scientifically detectablie trace of alco'hol
and commonly known as "near bee r ft
ot 10 It
njonalcoholic beeT'11 or nonalcoholicle 11 11
whose taste, color, odor and consistency are
s i ilar to 'the alcoholic beverages known as
beler and wine and, except for 'the reduced
zlcohol contlento, is marketed as being similar
to beer or wine,
BAR A barrier or counter, at and over which
alcoholic liquors and sometimes food are
passed or served.
Ir
BEER: Means a beverage obtained by alcoholic
fermentation or infusion in a brew or
concoction of barley or other grain,, malt or
hops,, in water. This shall include beer,
light beer,, ale, stout, lager beer, porter
and other similar brews,,
CATERER: A person who for compensation provides food
and service for a banquet,, dinner or other
speclal occasion and where the recipients of
such food or service are specifically 1nvi"ted
rather than the premi,ses being open to the
general public.
CONTROL OF
To be in control, of a premises o�r to have a
PREMISES:
premises under one's control means a legal or
beneficial ownership, rental,, lease or
license. Control may also exist where none
of the aforesaid legal, relationships apply,
but where an adult is otherwise in charge of
or charged with controlling a particular
premises.
DELIVERY OF
The sale, giving or exchange of an alcoholic
ALCOHOLIC LIQUOR:
liquor from One person to another. Delivery
I J
is �meant to include t,he provision of any
alcoholic beverage by whatever means to, one
person from another.
DRIVE-IN
A food service establishment with or without
RESTAURANT:
interior facilities for eating, which caters
to and permits the consumption of food either
in customer's automobile parking on the
premises or in any other designated area on
the premises outside the establishment where
the food is so prepared. "Drive -In
Restaurant" shall not be construed to include
"Restaurant".
- 2 -
FALSE Any document used for identification or proof
IDENTIFICATION: of age that has been altered or defaced or
that contains false or misleading Information
or that contains a name that, is not the
actual name of the person using Vit.
FIGHTING: Any threatening or touching of another person
which provokes or tends to provoke a breach
of the peace.
GENERAL PUBLIC: The whole body politic *including the, people
of the neighborhood, the Village, the, State
of Illino,isr the United States of America,
and/or persons at large travelling through
the Vi" ',I I a 9 e,, a, s different from the
designation of a particular person or group
of persons.
HOTEL:
Every building or other structure, kept,
used, maintained, advertised and held out to
the public to be a place where food is
actually prepared, served and consumed and
sleeping accommodations are offered for pay
to travelers and guests, whether transient,
permanent or residential, in which twenty
five (25) or more rooms are used for sleeping
accommodations and where dining rooms are
maintained in the same building or buildings.
IMPAIRMENT:
Any diminution or compromise of a person's
physical, mental or perceptual abilities due
to the consumption of an alcoholic
beverage. Impairment does not require that
the blood alcohol content be in excess of any
particular gram of alcohol to milliliters of
blood or breath ratio.
LICENSE or
That specific gra,n't of the privilege and
LIQUOR LICENSE:
authority to a licensee to sell or offer for
sale alcoholic liquor at retail in the manner
set forth in the text of the particular
license classification.
LICENSEE:
That person who by issuance of a license has
been given the right or privilege by the
Local Liquor Control Commissioner 'to engage
in the, retai'l, sale of alcoholic liquor in the
Village. This shall include the holder of a
Mount Prospect liquor license or any officer,
principal, employee or agent of the license
holder.
LIVE
The music entertainment produced by a live
ENTERTAINMENT:
person on a licensed premises as
distinguished from mechanical sound
reproduction. The use of a disc jockey to
play prerecorded music shall be considered
live entertainment.
LOCAL LIQUOR The office of the Mayor or the President of
CONTROL the Board of Trustees of the Village;
COMMISSION.- assisted by the Legal Department or of the
ViLliagleo, as, well as such other person or,
persons the Mayor may appoint to aid in the
exercise of the powers and the performance of
the duties 'herein provi'ded for such Local
Liquor Control Commissioner.
LOCAL LIQUOR The Mayor or President of the Bo&rd of
CONTROL Trustees of the Village acting ex -officio.
COMMISSIONER:
- 3 -
LOUNGE,-, For the purpose of this Chapter,, a "'Lounge"
shall mean, any,P ubl,ic place that, is kept.,
used, maintained, advertised and held out to
the public as a, place where alcoholic liquor
p r
is offered for, sale at retail for consumption
on the premises only and not necessarily in
conjunction with the full service of meals.
This definition may also include the term
"cocktail lounges". A lounge may be included
within and be an incidental and accessory
part of an establishment, such as a
restaurant,, hotel or bowling alley, that is
primarily engaged in a business or occupation
y
other than that of the sale and consumption
of alcoholic liquor.
MAINTENANCE OF That standard by which it shall be determined
ORDER STANDARD: whether a licensee has maintained order on
the licensed premises. Adherence to this
standard shall be a duty of the licensee and
shall generally be stated as the
establishment and maintenance of the optimum
precautions and actions that are practical
for deterring and preventing fighting as
defined in this Chapter.
OPERATION OF A
Includes physical control of the motor
MOTOR VEHICLE:
'vehicle. It shall mean the operation or
conof a, motor vehicle anywhere in the
s,Ptrol
Village of Mount Prospect, whether on Private
or public property. To be in physical
controlt the person need not be actually
drivi,ng the Motor vehicle and the vehicle
need not be running. If there is only one
J
person inside of a motor vehicle thatt, person
shall be presumed to be in physical control,
regardless of the person's :Location within
the vehicle. If there is only one person in
a front seat or front passenger area of a
motor, vehicle, that person, shal; 'be presumed
'be
to in physical control regardless of the
person's location in the front passenger
area. If there are persons, in the vehicle,
but not in the front passenger area, the
owner of the vehicle or the person to whom
permission was given to operate the vehicle,
shall be presumed to be in physical control
of the vehicle.
ORIGINAL PACKAGE:
Means any bottle, flask, jug, can, cask,,
barrel, keg, hogshead or other receptacle or
container, whatsoever, used,,, corked, or capped,
sealed and, labeled by the manufacturer of
alcoholic liquor to contain and to convey any
alcoholic liquor.
PARENT:
A natural or adoptive parent or a court
designated guardian.
PRIVATE CLUB:
A not-for-profit, corporation supported by the
dues of its members and organized solely for
the promotion of some common obje,ctive other
than the sale or consumption of alcoholic
liquors.
RESTAURANT:
Any public place, without sleeping
accommodations, maintainf-d, and held out to
the public as a place primarily devoted to
full-service, s,l*, t -down dining, including
dinner and/or luncheon, menus at at which the
service of alcoholic liquor is incidental and
complementary to the service of such meals.
Limited food service, as typically provided
by drive-in restaurants, luncheonettes,
Sec. 13.102. License Required,
A. It shall be unlawful to sell at retail any alcoholic liquor
without first having obtained a Village retailer's license
for each location, place or premises where the retailer is
located.
B. Where two (2) or more such locations, places or premises are
under the same roof or at the same street address, a
separate 'Village retailer's license shall be obtained for
each Such location, place or premises. Nothing in this
section shall prevent any hotel operator licensed under the
provisions of this Chapter, from serving liquor to registered
guests in, any room or other part of the hotel, if the liquor
is kept in and served from a licensed, location, within the
hotel. This may also apply to a licensee at a restaurant
premises within a hotel even if the licensee does not own
the hotel or operate the hotel business so long as the
licensee is a lessee of the restaurant premises, has written
authority from the hotel operator to deliver alcohol
throughout the hotel pursuant to this section and has
noti,fied the Liquor Commissoner in writing of its intent todo so. Both thehotl operator and restaurant operator must
qualify as, a licensee in this circumstance. Only one
restaurant operator within a hotel may be granted this
privilege.
C. The issuance to or possession by any person of a retail
liquor dealer tax stamp issued for a current tax period by
the United States Government or any of its agencies shall
constitute prima facie evidence that such person is subject
to the provisions of this Chapter.
D. Within fifteen (15) days after obtaining a license pursuant
to the provisions of this Section, the licensee shall obtain
a similar liquor license required by the State for the sale
at retail of any alcoholic liquor. However, no alcoholic
1-1 5 -
diners, coffee shops, fast food operations,
and similar uses, does not satisfy the
requirements of this definition.
RETAIL SALE:
The sale or delivery of an alcoholic beverage
to the consumer or general public as
differentiated from the sale or delivery for
legal re -sale.
SPIRITS:
Means any beverage which contains alcohol
obtained by distillation, mixed with water or
other solution , a, n, d includes brandy, rum,
whiskey,inor other spirituous liquors quors and
such liquors when rectified, blended or
.
otherwise M1 x ed with alcohol or other
substances.
SUPPER CLUB:
Any public place kept, used, maintained,
advertised and held out to the public as a
place where patrons are served food and
offered live entertainment.
UNDERAGE PERSON:
Any person under twenty one (21) years of
age.
VICARIOUS
That liability which is implied as a matter
LIABILITY:
of law even though the person may not have
directly caused an injury to another person.
WINE:
Means, a,ny, alcoholic beverage obtained, by the
fermentation of the natural contents of
fruitsor vegetables containing sugar
including such beverages when fortified by
the addition of alcohol or spirits, as above
defined.
Sec. 13.102. License Required,
A. It shall be unlawful to sell at retail any alcoholic liquor
without first having obtained a Village retailer's license
for each location, place or premises where the retailer is
located.
B. Where two (2) or more such locations, places or premises are
under the same roof or at the same street address, a
separate 'Village retailer's license shall be obtained for
each Such location, place or premises. Nothing in this
section shall prevent any hotel operator licensed under the
provisions of this Chapter, from serving liquor to registered
guests in, any room or other part of the hotel, if the liquor
is kept in and served from a licensed, location, within the
hotel. This may also apply to a licensee at a restaurant
premises within a hotel even if the licensee does not own
the hotel or operate the hotel business so long as the
licensee is a lessee of the restaurant premises, has written
authority from the hotel operator to deliver alcohol
throughout the hotel pursuant to this section and has
noti,fied the Liquor Commissoner in writing of its intent todo so. Both thehotl operator and restaurant operator must
qualify as, a licensee in this circumstance. Only one
restaurant operator within a hotel may be granted this
privilege.
C. The issuance to or possession by any person of a retail
liquor dealer tax stamp issued for a current tax period by
the United States Government or any of its agencies shall
constitute prima facie evidence that such person is subject
to the provisions of this Chapter.
D. Within fifteen (15) days after obtaining a license pursuant
to the provisions of this Section, the licensee shall obtain
a similar liquor license required by the State for the sale
at retail of any alcoholic liquor. However, no alcoholic
1-1 5 -
beverage may be purveyed by the licensee until the state
license has been obtained.
Sec. 13.103. Application for Retailer's License,
A. Application for a local retailer's liquor license shall be
made to the Village President as Local Liquor Control
Commissioner. The application shall be in writing, upon
forms provided by the Local Liquor Control Commissioner.
The application shall require such information as determined
by the Local Liquor Control Commissioner. Only completed
forms shall be considered by the Local Liquor Control
Commissioner. Each application shall be accompanied by a
non-refundable application fee of two hundred fifty dollars
($250.00).
B, Upon issuance of any license, the licensee shall keep the
information contained on the appl, i cation, current by
furnishing the Local Liquor Control Comm, issioner, within
thirty (30) days' written notice of any change in status
regarding ownership, residency, management, surety bond or
any other information set forth, in the application.
C. Before any license shall be issued to the applicant:
The applicant shall furn'lSh to the Village a surety
bond in the amount of two thousand ve hundred dollars
($2o,50;0,00) against any violation by the princ pal, the
principal's agents or employees, of any of the terms of
this Chapter 13 or any ordina,nces, rules, and
force or which may
regulations p les, now•i n I
W
hereafter be 'in, force 'in the Village affecting the
operation of the licensed business. The suretly company
must be acceptable ito th,e Village.
2. The applicant shall see to it that the names of
all
bartenders, managers, principals, the owners (in
the
case of an individual), partners, officers, and
all
stockholders owning an aggregate of more than
five
percent (5%) of the stock of a corporation
are
submitted to the Mount Prospect Police Department
for
fingerprinting by the Mount Prospect Police Department
in order that the Mount Prospect Police Department
may
perform an adequate invest igation to enable the Local
Liquor Control Commission to ascertain that issuance
of
a license will comply with the statutes ofrthe State
of
Illinois and all applicable ordinances of
the
Village. The fingerprints shall be processed by
the
Federal Bureau of Investigation. The fee to
the
Federal Bureau of Investi,gation shall be prepaid by
the
applicant by cashier's check,,, money order or certified
check.
Sec. 13.104. Management Entities.
It is recognized that a licensee may, from time to time,
desire to hire or retain, as an independent contractorr, a
management entity to manager generally operate and be
responsible for the licensed premises.
No licensee shall permit a management entity to perform such
a function unless the management entity has been certified
to do so by the Local Liquor Control Commissioner. In order
to be certified by the Local Liquor Control Commissioner, a
management entity must execute! a liquor license application
that reflects the entity's business status, i.e. sole
proprietorship, partnership or corporation. A management
entity must qualify in the same manner (other than for a
surety bond and dram shop coverage) and meet the same
standards as a licensee.
- 6 -
The application shall be accompanied by a non-refundable
application fee of two hundred fifty dollars ($250-00) and
no management entity may be qualified unless a certification
fee of seven hundred fifty dollars ($750-00) has been paid.
A management entity shall be subject to the jurisdiction of
the Local Liquor Control Commissioner in the same manner as
a licensee. If there is a violation on the premises, the
management company and the licensee shall be Jointly and
severally responsible.
Sec. 13.105. Restrictions on Issuance of Licenses.
A. No liquor license shall be issued to (when the term
"individual" is used in this Section 13.105 it shall mean
"sole proprietor"):
1. An individual who is not a resident of the Village.
2. An individual who is not a citizen of the United
States.
3. An individual who is not of good character and
reputation in the community in which the individual
resides.
4. A corporation unless it is incorporated in Illinois, or
unless it is a foreign corporation which is qualified
and registered under the Illinois Business Corporation
Act to transact business in Illinois.
5. A person whose business is conducted by a manager or
agent who is not an actual employee of the licensee,
unless the manager or agent possesses the same
qualifications required of the licensee, and has been
certified by the Local Liquor Control Commissioner.
6. A person who does not legally or beneficially own the
premises for which a license is sought, or does not
have a lease for the full period for which the license
is to be issued.
7. Any employee of the Village of Mount Prospect, the
Village President or member of the Board of Trustees.
8. A person not eligible for a State retail liquor
dealer's license.
91 A person who is not an owner of at least fifty percent
(50%) of the business to be operated by the licensee.
10. An individual who has been found guilty of a gambling
offense as prescribed by, any Subsections (a)(3) through
(a)(10) of Sectn 28-1 of,, or as prescribed by Section
28-3 of,, the Criminal Code of 1961, approved July 28,
1961, as heretofore amended, or as prescribed by a
statute replacing any of the aforesaid statutory
provisions.
11. A person to whom a Federal gaming device stamp or a
Federal wagering stamp has been issued by the Federal
government for the current tax period.
12. A co -partnership to which a Federal gaming device stamp
or Federal wager -ling stamp has been issued by the
Federal Government for the current tax period,, or if
any of the partners have been issued a Federal gaming
device stamp or Federal wagering stamp by the Federal
Government for the current tax period.
13. A corporation, if any officer, manager or director
thereof, of any stockholder owning in the aggregate
more than twenty percent (20%) of the stock of such
- 7 -
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or emiployeeof the club 'I's paid, or directly
receives, n the form of salary or other
compensation, any profits from the distribution or
sale of alcoholic liquor to the club, or its
members, or guests beyond the amount of such
salary as may be fixed and voted at any annual
meeting by the members or by its Board of
Directors or other governing body out of the
general revenue of the club. (Club license)
CLASS "E" licenser for issuance to caterers, which
shall authorize the licensee to sell and offer for sale
at retail,, in the premises specified in the license
alcoholic liquor for consumption on the premises where
sold. Consumption of alcoholic liquor at or over a bar
shall be permitted, but all consumption shall be
limited to those patrons who are invited guests and
dining on the premises specified in such li,cense.
(Catering license)
CLASS "F" license, which shall authorize the licensee
to sell and offer for sale at retail, alcoholic liquor
for * consumption on, the premises where sold, and only in
con3unction with the operation of a food service court
located in a shopp 1 , in g mal 1 Any consumption of
alcoholic beverages shall be limited to those patrons
who are dining 'in a, specified area of °the food service
court. The specified area shall be separate from but
contiguous to the main food service court, and shall
not exceed eight thousand (8,,O,OjO) square feet in total
floor area. The premises shall be maintained,, as an
area separate and apart f rom the general shoi
pping mall
with definite and restricted points of ingress and
egress prohibiting the removal of alcoholic beverages
from this specified area. (Food Court license)
GLASS "G" license, for issuance to park districts only
which shall authorize the licensee to sell and offer
for sale at retail for consumption on the premises
specified in the license application, beer and wine
only, Additionally,other alcoholic beverages may be
I
served at special, events up to thirty j(30) times per
year provided 'that the Village Manager s ha 11 be
notified, in wrliting, of each special, event at least five
�, *:
(5) days, in advance of the, event,, Th'is Class "GIO
license shall permit only the park district, its agents
or employees to sell or deliver an, alcoholic beverage
and shall not permit other parties using park district
facilities to sell or deliver alcoholic beverage's.
(Park District license)
CLASS "H" license, for issuance to supper clubs, which
shall authorize the licensee to sell and offer for sale
at retail, alcoholic liquor for consumption on the
premises where sold. The licensed premises shall have
a total floor area of not less than five thousand five
hundred (51500) square feet. Consumption of alcoholic
liquor at or over a bar is specifically prohibited for
this Class of license. At the minimum, food service
such as hot or cold sandwiches or similar food items
shall be offered at all times when alcoholic liquor is
served. Such a club must have an adequate and sanitary
kitchen and dining room equipment and capacity and have
employed a Sufficient number and kind of employees to
prepare, cook and serve a suitable full-service food
menu and provide suitable entertainment for its
guests. Drink minimums, such as those requiring
patrons of a supper club to purchase one or more
alcoholic beverages as a condition of entrance to the
premises are specifically prohibited. The live
entertainment at a supper club must meet all
requirements of the Village of Mount Prospect and the
State of Illinois. (Supper Club with entertainment
license)
- 10 �-
CLASS I'M" license, for issuance to hotels, motels,
motor inns or motor lodgeg.; which shall authorize the
licensee to sell and offer for sale at retail,, in the
premises specified in the license, alcoholic liquor to
guests of the hotel, motel, motor inn or motor lodge in
the rooms, occupied, by guests on the premises. If a
restaurant and/or lounge is operated on the �
,premises of
the licensee, the licensee may also sell, alcoholic
beverages to patrons of the restaurant under such terms
and conditions as may be determined by the Local Liquor
Control Commissioner or if no specific terms are
determined, according to the regulations governing
restaurants and lounges. (Hotel license)
CLASS "P" license, which shall authorize the licensee
to sell and offer for sale at retail, at the premises
specified for such license, wine and beer in the
original package. Consumption of wine and/or beer
(including samplings) upon the licensed premises is
strictly prohibitedo (Wine and Beer Package license)
CLASS "R" license, for issuance to restaurants,, which
shall authorize the licensee to sell and offer for sale
at retail, alcoholic liquor for consumotion on the
premises where sold. Consumption of alcoholic liquor
at or over a bar is specifically prohibited and, any
consumption of alcoholic beverages shall be li'mited to
those patrons who are dining in the restaurant.
(Restaurant only license)
CLASS 'IS" license, for issuance to restaurants
maintaining a separate lounge area as an incidental and
accessory use, which shall authorize the licensee to
sell and offer for sale at retail,, in the restaurant
portion of the premises specified in the license,
alcoholic liquor for consumption on the premises only
with meals, and in the lounge � portion of the premises
,
specified in the license, alcoholic liquor for
consumption on said premi'sesr with or without the
service of food. The premises licensed herein shall be
primarily devoted to the preparation, cooking and
serving of meals and the lounge area shall contain less
than twenty five percent (25%) of the floor area of the
premises and shall not be d.-Lvided into two (2) or more
locations within said premises. Full food service
including dinner and,/or luncheon menus, shall be
-- e*
offered at all times while alcoholic liquor
(Restaurant with lounge license) is served.
CLASS 'IT" license, for issuance to bowling alleys,
which shall authorize the licensee to sell and offer
for sale at retail alcoholic beverages, in the lounge,
for consumption on the premises where sold. The
premises must in fact, operate as a bowling alley and
offer their patrons full bowling facilities with
alcoholic liquor service incidental, to bowling. The
lounge area of such premises licensed herein shall
contain less than, twenty five percent (25%) of the
floor area of the premises and shall not be divided
into two (2) or more locations within said premises.
Food service shall be available to patrons at all times
when liquor is served. (Bowling alley license)
CLASS 'IV" license, shall authorize the licensee to sell
and offer for sale at retail, in the premises specified
in such license, wine in its original package only but
not for consumption on, the premises where sold.
Samplings of wine in conjunction with sales promotional
efforts shall be allowed pursuant to the regulations
contained in Section 13,,116 of this Chapter. (Wine only
license)
CLASS "W" license, for issuance to restaurants, which
shall authorize the licensee to sell and offer for sale
at retail, beer and wine for consumption on the
premises where sold. Consumption of alcoholic liquor
at or over a bar is specifically 'Prohibited and any
consumption of beer and wine shall be limited to those
patrons who are dining in such restaurant* (Restaurant.,
wine and beer only license)
CLASS "XX" license. Nothing in this section shall
prevent the Corporate Authorities from creating, from
time to time, conditional licenses which are based on
the license classifications set forth above, but which
contain additional conditions and restrictions. These
licenses with special conditions, while created by the
Corporate Authorities, shall rema, ' in subject to issuance
by the Local Liquor Control, Commissioner. (License
with special conditions).
2 All Class "Sl" licenses are for Class "S" licenses
which were originally issued prior to March 4, 1986 and
subsequently renewed by that licensee and shall be
defined as follows:
CLASS "Sl" license, for issuance to restaurants
maintaining a separate lounge area as an accessory use,
which shall authorize the licensee to sell and offer
for sale at retail, in the restaurant portion of the
premises specified in such license, alcoholic liquor
for consumption on said premises only with meals, and
in the lounge portion of the premises specified in such
license, alcoholic liquor for consumption on said
premises,, with or without the service of food. The
premises licensed herein shall be primarily devoted to
the preparation, cook,,1"'n,g and serving of meals and the
lounge area, shall contain less than 'twenty five percent
(25%) of the floor area of the premises. (Restaurant
with lounge license, pre -1986)
3. Each such licensee shall pay an annual fee for such
license in the amount set forth below:
License Classification Annual License Fee
Class
A
$ 21500.00
Class
B
2F000.00
Class
C
2r000.00
Class
D
750.00
Class
E
21000.00
Class
F
2t000.00
Class
G
750.00
Class
H
21000.00
Class
M
2,500.00
Class
P
11750.00
Class
R
2r000.00
Class
S & Sl
2,500.00
Class
T
2,500.00
Class
V
11500.00
Class
W
1r500.00
Class
XX
2,500.00
Management entity
750.00
B The Local Liquor Control Commissioner may grant a daily
permit to any nonprofit organization or club located within
the Village such as a church, fraternal order or lodge,
veterans organization, civic organization, fire department,
or other similar organization, authorizing the sale of
alcoholic beverages at any picnic, carnival, or similar
function sponsored or given by such organization. No more
than twelve (1,2) such dally permits shall be issued to any
one such organization during the period of one year.
C The Local Liquor Control Commissioner may grant a daily
special event permit to the Mount Prospect Library Board of
Trustees authorizing the sale or delivery of alcoholic
beverages for consumption on the premises of the Mount
Prospect Public Library, Ten South Emerson Street,
D. The restrictions on a particular license classification
shall be binding on the licensee and no premises may be
operated in violation of the class 'if ication restrictions.
Sec. 13.108. Dumber of Licenses,
A. Neither the Local Liquor Control Commissioner nor any other
person or entity may issue liquor licenses in a number that
is in excess of the number authorized by the Corporate
Authorities. An up to date schedule of the authorized
number of licenses available in each class *if icat ion shall be
maintained by the Village Clerk for the Local Liquor Control
Commissioner.
B. Upon the alienation, sale, transfer, assignment or donation
of the business that underlies the license to any third
party or person other than the licensee, the liquor license
shall automatically bEcome void and the number of available
licenses listed in Subsection (A) shall automatically and
immediately be reduced by one.
C* Any licensed establishment that has discontinued the sale or
service of alcoholic liquor or that has not been open for
business at least four (4) days per week for!' a period of
thirty (30) days, or, more sh�all automatically forfeit its
license. Upon, forfeiture of the license, the number of
available licenses listed in Subsection (A) shall
automatically and immediately be reduced by one,
D. If any class of license permits alcoholic liquor to be sold
or purveyed in more than one manner (such as in its original
package for consumption off premises and also not in its
original package for consumption on premises) and the
licensee ceases for more than ninety (90) days, to offer
alcoholic liquor for sale or purveyance, in one or more of
the ways specified in the classificit ion, then that license
shall autom,at,ically by operation of law,, without any formal
action of the Local Liquor Control Commissioner, become that
class of license with which the licensee's sales activities
are consistent.
Sec. 13.109. Disposition of Fees,
All fees shall be made payable to the Village and submitted
to the Local Liquor Control Commissioner at the time application
is made . The fee shall, be immediately turned over to the Finance
Department. In the event the license applied for is denied, the
feet except for the non-refundable application fee, shall be
returned to the applicant; if the license is granted, then the
fee shall be deposited in the General Corporate Fund or in such
other fund as shall have been designated by the Roard of Trustees
by proper action.
Sec. 13.110. Application Process Completed.
- 13 -
Sec. 13.111. Compensation, Powers •and Duties of Local
Liquor Control Commissioner,,
A, The Local Liquor Control Commissioner shall receive as
compensation the sum of three thousand dollars ($3,000.00)
annually, payable in twelve (12) equal, monthly installments.
B. Any change in the compensation or fringe benefits provided
for the 'Local Liquor Control Commissl'
on,er shall, be made by
ordinance adopted not less than one hundred twenty (1,20)
days nor more than one hundred fifty (150) days prior to the
date set for the election of the Village Trustees.
C. The Local Liquor Control Commissioner shall have all of the
powers, functions and duties delegated to that office by the
111inois Compiled Statutes and the ordinances of the
Village. This shall include, but in no way shall be limited
to, the power to require any licenseeo, at any t1me, to
produce, any and al,l records, that directly or indirectly
relate to the operation of the li"censeells premises.
D, In addition to any other powers set forth in, this Chapter
13, the Local Liquor Control . Comm i s Is i I oner may Imumeddiately
suspend,,f pending a hearing wit#,hi 'n fifteen ('15) days, the
I i
prIvilege of delivering alcoholic beverages of any liciensee,
who does not display a currently valid state or local liquor)
license or who in, the JudgMent of the Local Liquor Control.
Commissioner is operating the business 'in, such a manner'' as,
'to endanger the health or safety of patrons of the premises
or of the community.
Sec. 13.112. Penalties Upon Heari*ng Before the Local
Liquor Control Commi
, ssioner.
A. Af ter a hearing on any alleged violation, if the Village
President, as Local Liquor Control Commissioner, f inds that
there was any violation of the ordances of -the Village or
I
statutes of the Stater or that there was any other activity
or omission of the licensee for wh,ich a penalty should, be
im osed, the ocal Liquor, Cont, ol Co j
P r Mmissionver may suspend
or revoke any retail, liquor dealer's 1,111censes, or may finei
t h li ce n s ee . The �fine May be in addition, to a revocation
or suspension,
1* If the Commissioner decides to suspend the license, the
term of the suspension shall not be less than one day
nor more than thirty (30) days.
2. If the Commissioner elects to fine the licensee, the
amount of the fine shall not be less than fifty dollars
($50.00) nor more than two thousand, five hundred
dollars ($2,500.00). However, any failure of a license
to fulfill an affirmative duty set forth in this
Chapter 13 shall subject the licensee to a mandatory
minimum penalty of five hundred dollars ($500.00).
3. If the Comm, issioner finds the licensee to be guilty of
any charges, the
licensee will be responsible for all
costs incurred for a hearing before the Local Liquor
Control Commiss#
I ionerr including, but not limited to
court reporter fees, witness fees and attorneys fees.
This shall be in addition to any other penalties
assessed against the licensee.
B. All proceedings before the Local Liquor Control Commissioner
shall be recorded and placed in a, certified official record
of such proceedings taken and prepared by a certified court
reM!rter.
C* The appeals procedure as set forth by the President and
Board of Trustees of the Village under Resolution 3-72 of
the Village are as set forth in this Section, including:
In the event of any appeal from an order or action of
the Local Liquor Control Comm.issioner, the appeal to
the Illinoi's State Liquor Commiss,ion shall be ed
to a, review of the official re -cord of the proceedings
before the LNIM ical, Liquor Control Commissionler, The only
evidence which, shall be considered lin the review by
0 1 hall be the evidence found in
said a
Stte Commission s
the certified official record of the proceedings of the
Local Liquor Control Commissioner.
2. At such time as the Local Liquor Control Commissioner
receives notice of an appeal, the Local Liquor Control
Commissioner shall file with the Illinois State Liquor
Commission the certified official record of the
proceedings. The State Commission shall review the
propriety of the order or action of the Local Liquor
Control Commissioner on the certified official record
as provided by law.
Sec. 13.113. Transfer of License.
A. A license shall be purely a personal privilege, good for not
to exceed one year after issuance, unless sooner revoked as
set forth in this Chapter. The license shall not constitute
propertyt •nor shall it be subject to attachmelntf garnishment
or execution, nor shall it be alienable, voluntarily � or
involuntarily, or subject to being encumbered or
hypothecated. The license is not transferable, either for
consideration or not for consideration. As to a closely
held corporation, an illegal transfer will be dpemed to have
been attempted and the license shall become null and void if
any person owning twenty percent (20%) or more of the stock
transfers the stock to another person who previously held
less than fifty percent (50%) of the stock,, As to a public
corporation, an illegal transfer will be deemed to have been
attempted and the license shall become null and, void if
there has been, a buy out, a, takeover or any other
transaction 'involving the sale or transfer of more than
fifty percent (50%) of the stock or assets of the
corporation.
A license issued to an individual or a partnership shall
cease upon the death, of the licensee or a partner of a
licensee and shall, not descend by
, the laws of testate or
'
intestate devolution. However, the executors or
administrators of the estate of any deceased licensee, and
the trustee of any insolvent or bankrupt licensee, when the
estate consists in I Part of alcoholic li•
quor may,, upon
written notice to the Local Liquor Control Commissioner,
continue the business of the sale' of alcoholilc liquor under
the order of the appropriate court. In such cases, the
executor, administrator, or trustee may exercise the
privileges of the deceased or insolvent or bankrupt licensee
after the death of decedent, or such insolvenc,Y� or
bankruptcy until the expiration of the license,, but, not
longer than six (6) months after the death, bankruptcy or
insolvency of the licensee.
If a corporation to whom a license has been issued is
ord-,--tred into receivership or files for bankruptcy,, the
receiver or trustee may continue the operation, of the
business under the, existing license under order of the
appropriate court until the expiration of the license or
until the passage of six ( 6 ) months from 'the date of
appointment of a receiver or trustee whichever comes, first.
Upon the death of any person owning five percent (5%) or
more of the shares in a closely held corporation, the Local
Liquor Control Commission shall be notified and if the
shares are transferred to a person who is not currently
named in the application as a shareholder, then the licensee
shall apply for a new license.
- 15 -
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a
d. There shall be no advertising of the availability
of "sampling" by advertising materials visible
outside the licensed premises; and
e. There shall be a permit fee of ten dollars
($10-00) per day for the issuance of such permit,
2. It shall be unlawful to consume or permit the
consumption of alcoholic beverages in public
restaurants, catering establishments or other places of
public gathering not having the appropriate liquor
license,
3. It shall be unlawful for any licensee to sell and/or
offer for sale at retail alcoholic liquor in other than
its original package, except for consumption on the
premises where sold.
Sec. 13.117. Restrictions on Premises.
A. No license shall be issued for the sale at retail of any
alcoholic liquor within one hundred feet (1,00") of any
church, school, hospital, homer for aged or "Indigent persons
or for veterans, their spouses or children or any military
or naval station or any underta *
,king establishment Or
mortuary. This prohibition shall not apply to motels or
hotels offering restaurant service, regularly organized
clubs, restaurants, food shops or other places where the
sale of alcoholic liq-"-ors is not the prii,ncipal business, if
the place of business was established for such other
principal purpose prior to March 18, 1975.
B. The display and sale of alcoholic liquor in its original
licit 1* IN
package under a Class license in premises where any
other commodities are sold or offered for sale, shall be
conducted only in a portion of the premises set aside or
physically separated from that portion of the premises used
in conjunction with the display or sale of such other
commodities. The sale of tobacco products is not subject to
this separation requirement.
C. Notwithstanding any provision of this Chapter 13 to the
contrary, it shall be unlawful for a Class licit licensee who
sells alcoholic liquor as a part of, but not as, its
principal business and whose business premises exceed five
thousand {5,,000) square feet,, to consummate the sale of
alcoholic liquor except at a counter with a cash register
designated to be used for sale of alcoholic liquor and which
cash register is operated by a person of at least nineteen
(19) years of age, No more than two (2) cash registers may
be designated for the sale of alcoholic beverages and to the
extent practicable shall be separated from the remaining
cash registers and checkout lines in the establishment.
D Notwithstanding provisions of Chapter 14 (Zoning ordinance)
or Section 9.115 of Chapter 9 (Streets and Sidewalks) it
shall be unlawful for any licensee to service or permit the
consumption of alcoholic beverages in any outdoor area when
any portion of the area is located within three hundred feet
(3001) of any residential zoning district in the Village of
Mount Prospect.
Provided, 'however, that any licensee that commenced the
conduct of business in an outdoor area within three hundred
feet (3001) of a residential zoning district prior to
January 1. 1989, may continue to operate the outside service
area according to the following schedule: service of
alcoholic liquor to any outdoor area of a licensed premises
shall be prohlbited after nine thirty o'clock (9:30) p.m.
and the outdoor area must be closed and empty of patrons by
ten o'clock (10:00) p.m.
- 17 -
qec. 13.118. Closing Hours; Sunday Closing.
B It shall 'be unlawful for an,Itcl
,y licensee holdi'ng a Class
liquor license to sell or offer for sale any alcloholi
liquor in the Village between �the hours of one o'cliock
to eight oliclock,
A - ) a.m., on Monday through Frida
i ncl 1, u s' ve F
1 , between the hours of two oliclock j(2:00) a.m. an
,eight o'clock (8,:, 0 a,
0 , m. on Saturday- between the hours o
two Oclock (20-010) al.m,o and twelive o"clock (120 0) noon o
Sund& i- and o January l of each year said closing hour
yl n
shall be from four oclock, (4* 00) -a.m. to twelve o1cloc
(12:00) �noon,,
C. It shall be unlawful for any licensele holding a Claiss 11G
liquor license to sell or offer for sale any alcoholi
liquor at retail iin the 'V'i ' llage or to permit a,",ny person t
consume any alcoholic j*
iquor
in or on any premises for whic
a license provIdIng for consumption on the premises has bee
issued o�ther than, between eleven o'clock a.m. an
•
ten 0"Clock (10-00) p. M, on Monday through day
A
inclusivef between the hours of elleven o'clock (11:00) a.m,
on Saturday and two O'clock (2-00) la.m. on the followl"n
Sunday; and between the hours ofitwelve o1cliock (1,2* -00) noo
and ten o'clock (10:00) p.m. on Sunday,
Sec. 13.119. Peddling.
It shall be unlawful to peddle alcoholic liquor in the
Village.
Sec. 13.120. Compliance with Building, Sanirtary, Safety
and Other Regulations, of the Village.
All premises used for the sale of alcoholic liquor, or for
the storage of such liquor for sale shall to kept in full
C Ml=
compliance with all other regulations of the Village, including
but not limited to those relating to the storage or sale of food,
sanitary conditions and safety conditions.
Sec. 13.121. Live Entertainment,
Live entertainment shall not be permitted on any licensed
premises except for a holder of a Class H license or by special
resolution of the Corporate Authorities. The use of a disc
jockey to play pre-recorded music shall be considered live
entertainment.
Sec. 13.122. Prohibited Conduct.
The following kinds of conduct are prohibited on premises in
this Village which are licensed to sell alcoholic liquor:
A. The performance of acts,, or simulated acts, of sexual
intercourse, masturbation, sodomy, bestiality, oral
copulation, flagellation or any sexual acts which are
prohibited by law.
B. The actual or simulated touching, caressing or fondling of
the breasts, buttocks, anus or genitals.
— 19 1-
1. Prior incidents of reported or unreported fighting.
2. Whether any fight participant was intoxicated and the
extent to which the intoxication occurred on the
premises.
3. Whether any participant, was served by the licensee
after the participant's intoxication should have been
evident to the licensee.
If
4. Whether any participant was intoxicated and whether the
licensee had an opportunity to affect that person's
removal from the premises.
5. The degree of expediency the licensee observed in
calling the police when it should have been evident
that a fight was imminent.
6. The actions of the licensee in reacting to the fight.
7. The extent and type of training given to the licensee's
employees in such matters as recognizing intoxication,
overserving and prevention of altercations,
B. Whether minors were involved in the fighting,
9. The sufficiency or number of persons on duty and
employed by the licensee at the time of the fight.
Considering all of the circumstances, brought into evidence
at the hearing, the Local Liquor Control Commissioner shall
make a determination of whether the licensee violated the
"maintenance of order standard." If it is determined that a
violation occurred, the Local. Liquor Control Commissioner
may impose any penalty set forth in, Section 13.112 of this
Chapter up to and "including license revocation,
D. The following procedure shall be observed by a licensee with
respect to fighting:
1. The licensee or the licensee's agent or employee on the
premises shall notify the Village Police Department
immediately when the licensee knows, or in the exercise
of ordinary judgment should know that a fight is
occurring or imminent.
2. In addition, within forty eight (48) hours of the
occurrence,, the licensee shall file with the Village
Liquor Control Commissioner a report on a form provided
by the Village containing the following information:
a. The number of the persons involved in the fight;
b. The approximate amount of alcohol consumed at the
premises by each person involved in the fight;
C. What action, if any, was taken by the licensee to
prevent the fight;
d* What action, if any, was taken by the licensee
subsequent to the start of the fight;
e. The licensee's opinions as to why the fight
occurred.
E. Failure by the licensee to give immediate notification to
the Mount Pros, ect Police Diepaft ent of a fight on a
P m
licensed premises or failure to file a report as required in
Subsection (D) with the Liquor Control commissioner shall
subject the licensee to a mandator'y fine of $500 and a
possible suspension or revocation of the Village liquor
license. For purposes of this Section the word, "immedlate"
shall refer to such time as one Party threaterls another or
commences fighting with another.
'-
20 -
Sec. 13.124. Dram Shop Insurance,
Every 11*censee shall 'be required to obtain and maintain Dram
Shop insurance coverage and every Person who owns, rentso, leases
a
as lessor or permits the occupation of any building or premises
iquors are to 'be sold there, or,
with knowled) that alcoholic li
who leases the premises for other purposes but knowingly permits
the sale of any alcoholic liquors.. shall be required to carry
host liability insurance coor such facility,., Each shall
carry coverage in an amount at least equal
to the maximum
,insurance limIts of exposure set forth in the Illinois Compiled
Statutes,, 6-21 235*
Sec. 13.125. Conduct of Employees and Agents.
The following shall apply to employees and agents of
licensees:
A. Any act or failure to act of an employee of either the
licensee or a management company with respect to the
licensed business shall be deemed to be the act of the
licensee.
B. No employee may consume or be permitted to consume any
alcoholic liquor on the licensed premises while on duty or
while performing any duties of employment.
C, No person, including any employee, managerr, owner or agent
of the licensee may consume alcoholic liquor on the licensed
premises before or after the permitted hours of operation.
Sec. 13.126. Sale to Intoxicated Persons; Habitual
Drunkards, Others.
It shall be unlawful for any licensee to sell, deliver or
give any alcoholic liquor to any of the following:
1. An intoxicated person;
2. A person known to the purveyor to ber a habitual
drunkard; or
3. A person ' rson known to the purveyor to have been involved
previously in a fight in the establishment.
Sec. 13.127. Prohibited Sale or Promotion of Alcoholic
Beverages.
A. All licensees selling alcoholic beverages to be served and
consumed on the licensed premises are prohibited from
engaging in any of the following practices:
1. Delivery of more than two (2) drinks to one person at a
time even if the drinks are supposedly purchased for
more than one individual.
2. Sale, offer or delivery to any person,, an unlimited
number of drinks during any set period of time for a
fixed price, except, at private functions not open to
the public.
3. Sale, offer or delivery or drinks to any person or
group of persons on any one day at prices less than
those charged to t'he general public during the same
calendar week, iexcept alt private functions not open to
the publ'ic.
4. Increasing the volume of alcoholic liquor contained in
a drink without increasing proportionately the price
otherwi*,se charged for such a drink during the same
calendar week.
- 21 -
5. Encouraging or permitting any game or contest which
involves drinking or the awarding of drinks as prizes
on the licensed premises.
No licensee shall advertise or promote in any way, whether
within or without the licensed premises, any of the
practices prohibited under this Section.
B. The Prohibition contained in this Section shall not prevent
liquor licensees from:
1. Offering free food or entertainment at any- time .
2. Including a drink as part of a meal package.
3. Free wine tasting as permitted by Subsection
13.116(8)l.
4. Offering room service to registered guests in hotels
licensed for such services.
Sec. 13.128. Prohibited Sale of Refrigerated Alcoholic
Liquor in Single Containers,
Any licensee holdg a Class "A". oil C It or "'Vit 1;i
quor
license shall be prohibiited from siel ' ling or offering for sale
single containers of riefrigerated or chi'lled alcoholic ,liquor for
consumption on the premises 'where sold, where the single
container has a capacity of less than seven hundred fifty
milliliters,
Sec, 13.129. Regulations with Respect to Underage Persons.
Nothing in this Section shall prohibit any persons under the
age of twenty one (21) years but at least nineteen (19) years of
age from delivering alcohol to customers of a Class D, Ej, F, Go,
Hr M, P, Ry St Sl, or W license holder.
A. It shall be unlawful for any holder of a retail liquor
dealer's license to allow any person, 'under the age of twenty
one (21) years to be or remain in any room or compartment
adjoining or situated in the room or place where such
licensed Premises is located; provided, that this Subsection
shall n,ot,, apply to any person under age who is accompanied
by hi's or her parent 'in, a premises holding a D, Ef Fy Gr H,
Mr P�r Rr S, SIF T, V or W license. However,, no underage
person shall be allowed, to remain in the lounge area of a
Class "S" or "Sl" license holder.
B. It shall be unlawful for any person to whom, the sale, gift
or delivery of any alcoholic liquor is prohibited because of
age to consumer purchase, accept a gift of or have such
alcoholic liquor in his or her possession. The prohibitions
set forth in this subsection (B) shall not apply in the
circumstances described in Section 13.130(C)(1) and (2).
If a licensee, in the exercise of ordinary judgment, should
have reason to believe that a sale or delivery of any
alcoholic liquor is prohibited because of the age of the
prospective recipient, the licensee shall, 'before making
such sale or delivery,, demand presentatl''on of a form of
Posve idencation,, containing proof of ager issued by
a public off icer in the performance of his or her of f icial
duties. (See Section 13.131)
D. No person shall transferr, alter or deface any identification
card; use any identification card of another; carry or use a
false or forged identification card; obtain an
"dentification card 'by means of false information; or
1,
Otherwise misrepresent age for 'the purpose of purchasing or
,Obtaining alcoholic liquor in, the Village of Mount Prospect.
(See Section, 13.131)
- 22 - V
E. In every place in the Village where alcoholic liquor is sold
there shall be displayed at all times in a prominent place a
printed card which reads substantially as follows:
"UNDERAGE DRINKING"
If you a,re under 21,, you are Subject to a, mandatory
f 010.00 if you purchase any alcoholic liquor.
If you misrepresent your age for the of
purchasing or obtaining any alcohol-ic li"quorr you will
also 'be sub`ect, to, re,s I,
J tr*cted driving priivileges within
the Village of Mount Prospect. If youbu-y for or
deliver an alcoholic beverage to an under,age person,
you will be subject to a mandatory fine of $1,000.o1,,
Sec. 13.130. Consequences of Facilitating the Use of
Alcoholic Beverages by Underage Persons.
A. Delivery of Alcoholic Beverage to an Underage Person. it
shall. be unlawful for any person, regardless of
relationship, age or circumstances, to deliver any alcoholic
beverage to any underage person, except as set forth in
Subsection (C).
B. Use of Premisesfor-Consumption of an Alcoholic Beverage.
It shi1l be unlawful for any person to knowingly permior
to knowingly or neglit, gently fail to prevent, on premises
under his or her control, the consumption of an alcoholic
beverage by an underage person. This Section shall apply to
both residential and commercial premises.
0
CO Exceptions. Subsections (A) and (B) of this Section shall
not apply in the following circumstances:
1. The performance of a bona fide religious service.
2. The delivery of an alcoholic beverage within the home
to an underage person, by and under the direct
supervision of that underage persons' parent. However,
the following rules shall be applied to this Subsection
(C)2:
a. In any prosecution of an underage person for the
commission of any State or local offense, the
prosecutor, upon reasonable grounds,'ay request a
ruling and the court shall rule as to whether the
consumption of an alcoholic beverage, as permitted
by the parent,, was a contributing factor to the
commission of the offense. If it is so determined
in the affirmative, then the penalty set forth in
Subsection (D) of this Section shall apply. For
purposes of this Subsection, the consumption of
alcohol may be determined to be a contributing
factor i f it had the effect of substantially
causing an impairment rm,ent to the person as impairment
is defined in this Chapter. It need not be shown
that, but for the consumption of alcohol, the
offense would not have been committed.
b. The parent shall remain vicariously liable as set
forth in Subsection (E) of this Section.
Do 'Penalty. Any person found guilty of violating Subsection
(A) or (B) of this Section shall be fined in the mandatory
amount of one thousand dollars ($1,000.00).
E. Vicarious Liability of a Parent or Other Person Facilitating
the Use or Abuse of Alcoholic BeveraAes. The following
persons shall, be liable to any individual who has been
injured by an alcohol impaired underage person when the
impairment is a contributing cause of the injury:
- 23 -
1.
Any person who delivered or permitted the delivery of
an alcoholic beverage to the underage person. The
person making or permitting the initial delivery to an
underage person remains liable to anyone injured by the
same or different underage person regardless of how
many times the alcoholic beverage changed hands.
2. Any person in control of a premises, who knowingly or
negligently fails to maintain supervision to such an
extent that an alcoholic beverage is consumed on the
premises by an underage person,,,,
3. Any person who knowingly or negligently allows the
operation of a motor vehicle under his or her control
by an underage person, when the person knew or in the
exercise of ordinary judgment should have known that
the underage person was either impaired orthad consumed
any amount of alcohol within two ( 2 ) hours prior, to
when the allowance to drive occurred.
The vicarious liability established by this Section shall
not be subject to the limitations on damages as set forth in
235 Illinois Compiled Statutes 5/6-21,
Sec. 13.131. Use of False Identification.
Any underage person found guilty of attempting to obtain
delivery of an alcoholic beverage by use of false 'Proof of age
shall be subject to a mandatory fine of five hundred dollars
($500.00). If the false proof of age was an improperly used
driver's license, the person so using It shall not be permitted,
for a period of six (6) months, , to operate a motor vehicle within
the corporate limits of the Village of Mount Prospect unless
accompanied by a licensed driver over thirty years of age. (See
Section 13.135).
Sec. 13.132. False Identification not a Defense.
It shall not be a defense to any action brought
civilly or administrati'vely against any liquor licensee or any
other person charged with the delivery or any alcoholic beverage
t, o an, underage person that such a person, I oduced fals--
pr
ident liticat ion or proof of age, The person or persons hearing
and deciding the charges may consider such a claim when
determining 'the penalt,y to be assessed or the apportionment of
damages.
Sec. 13.133. Operation of a Motor Vehicle While in a State
of Impairment.
It shall be unlawful for any underage person to operate a
motor vehicle on a street or highway of the Village while, in a
state of impairment due to the consumption of an alcoholic
beverage or with any alcohol at all in his or her system. For
purposes of this Section only, operation of a motor vehicle shall
have the definition ascribed to it under the Illinois Vehicle
Code rather than the definition set forth in Section 13.101 of
this Chapter.
Sec. 13.134. Operation of a Motor Vehicle by Underage
Persons with an Alcoholic Beverage in or on
the Vehicle; When the Underage Person is
Impaired Due to Alcohol or has Alcohol in the
system or is Operating the Vehicle in
Violation of a Restriction Pursuant to this
Chapter.
The following shall apply when any underage person is found
in the Village, operating any motor vehicle in which or on which
is found any alcoholic beverage, or when the underage person is
C MM
in a state of 'Impairment due to consumption of alcohol or to have
alcohol in the system or is found operating a motor vehicle in
violation of a, restriction pursuant to this Chapter:
A. The motor vehicle shall be subject to immediate impoundment
by the Police Department.
Bo The following factors shall not be considerations in
determining whether or not to impound the motor vehicle:
1. Whether the alcoholic beverage is in an opened or an
unopened container.
2. Whether the operator is the owner of the alcoholic
beverage in the vehicle.
3. Whether the operator had knowledge of the existence of
the alcoholic beverage within the motor vehicle.
C. Upon impoundment, the motor vehicle may be released only to
another person showing proof of ownership or lease rights to
the motor vehicle.
If the underage operator is the owner or, lessor of the
vehicle;, then the vehicle may be released only to a
parent or spouse of the underage owner, If the
'underage person, has no parent, or spouse liiv*n,g in the
'mm,ediate area, the vehicle may be released, upon
satisfactory proof of such factr as set, forth in
subsection (D),
D The motor vehicle may not be released to any person who was
a passenger in 'the motor vehicle at the time the alcoholic
beverage or impairment was found unless at least twenty four
(24) hours have passed from the time of the findinq.
E, The vehi"cle shall not be released u,ntil the Person seeking
the release has paid an admi''nistratilve fee of two hundred
fifty dollars ($250.OIO�) to !the Police Department, plus any
towin��g o�,r storage costs,
F, If the o erator J
p is subsequently found gu"ity of driving w*t
open * alcohol in a Motor vehicle or posse,sslion of alcohol b
a minor or of o e r, a ti
p ing a motor )vehicle while impairle
pursuant to Section 13,133 of this Chapter, 'that pers)o
i
shall not be permi,tteifor a prid of six (6) months to
operate a Imotor vehicle within the limits of thVillage oil
N4 eo
e
Mount Prospect unless accompanied by a licensed driver ove,
thirty years of age,.
V
G. The above obligations and Penalties shall be in addition to
the penalties 'that may be assessed in a court of law for any
charges incident to 'the stop.,
H. Any law enforcement off licer, the Po Ice De, artment and the
Village and any of i , l' P
itS, officers or agents shal 1 be
absolutely immune from any liability or
liability of any kind or nature for th, r exposu r e to
e enforcement or
Implementation of this Section.
lop
OCK z
j.
IF
liq
- 25 -
Village limits; (d) a notice that the operator has the right
to requesit a hearing within ten (10) days to determine the
validity of the restriction. The valid1tY of the
restriction may be challenged only on the )Nip; round,s that the
person was not the actual person found guilty or that there
was no finding of guilty for the underlyIng offense.
B. The hearing shall be conducted by a supervisory member of
the Village Of Mount Prospect Police Department as appointed
by the Chief of police whose determination shall be final.
Sec. 13.136, Penalty for Violating Driving Restriction
A. Restriction. No person shall operate and no person,
including a parent, shall permit another to operate a motor
vehicle within the corporate limit's of the Villae in
g
violation of the restrictions set forth in Sections 13.130
or 13,134(F),
B. Penalty. Any person found 9'ulltY Of violating "'this Section
shall be fined in the mandatory amount of five hundred
dollars ($500.00).
Sec. 13.137. Penalties; General.
PASSED: This day of r 1994.
AYES: NAYS: ABSENT: PASS:
APPROVED by me this day of 1994.
President of the illage of Mt. Prospect
ATTESTED and FILED in the Office of the Village Clerk this
day of -1 1994.
V i 11 —ag—e--C
-,
26 �
VILLAGE OF MOUNT PROSPECT
PLANNING DEPARTMENT
Mount Prospect, Illinois
TO: MICHAEL E. JANONIS9 VILLAGE MANAGER
FROM: WILLIAM J. COONEY, JR., DIRECTOR OF PLANNING
DATE: JUNE 1, 1994
r
Attached is a copy of a cover letter from Douglas Mennie, Executive Vice President for Cummins -
Allison, requesting approval, for a Cook County 6-B Property Tax Assessment. I have also attached
a copy of Cummins-Allison!s brochure which provides details on its operations. Cummins Allison is
a manufacturer of high quality office and banking equipment.
Cummins -Allison was among the first corporations to locate at the Kensington Business Center.
They are currently located at 891 Feehanviffe Drive and occupy a 65,000 sq. ft. facility. They have
experienced significant growth over the past four years and they are considering expanding their
facility by 55,000 square feet. The addition would be utilized primarily for the manufacturing
component of their operation. Cummins -Allison's Mount Prospect location is their
primary
manufacturing plant employing 150 individuals.
The requested 6-B Assessment would only apply to the addition., Therefore, all current property
taxes paid by Cummins -Allison would continue at the full manufacturing assessment level. 1W.
Mennie stated that they paid approximately .$2 million in sales tax and $125,000 in real estate taxes
during 1993. The proposed expansion would be an additional $2 million worth of improvements to
the property and therefore increase the overall property tax to the village and other taxing bodies.
Cummins -Allison has stated that they are considering alternative locations where property taxes
would be reduced. The 6-B Assessment would enable Mount Prospect to lower their property taxes
for the addition to a level that is competitive with surrounding counties.
Staff and the Economic Development Commission have reviewed this request and recommend its
approval. Please forward these materials to the Vidlage Board for their review and consideration at
their June 7, 1994 meeting.
wjcjg
CUMMINS
CUMMINS -ALLISON CORP.
891 Feehanville Drive
May 20, 1994 Mt. Prospect, IL 60056
Facsimile: 708/299-4940
Telephone: 708/299-9550
Mr. Bill Cooney
Director of Planning
Village of Mount Prospect
100 South Emerson
Mount Prospect, Illinois 60056
Dear Mr. Cooney:
I want to thank you for taking time to talk with me yesterday. I am writing this letter in response to
your suggestion that Cummins -Allison make a formal request to the Village of Mount Prospect for a
6B Tax Assesment. Cummins -Allison is a manufacturer of high quality banking and office equipment
located in the Kensington Business Center. In addition to our Mount Prospect facility, Cummins -
Allison owns and operates 45 branches throughout the United States that sell and service all of our
equipment. Our .reputation in the industry is one of innovation and quality. Due to our emphasis in
high technology, we have been able to experience some dramatic growth over the past three to four
years. We are now faced with a situtaion where our customer demand exceeds our ability to produce
products in our current facility, forcing us to investigate possible facilities expansion.
Our current facility at 891 Feehanville Drive is approximately 65,000 square feet. In addition to
manufacturing in the 891 facility, we also manufacture and warehouse in a budding across the street at
902 Feehanville Drive. The 902 Feehanville facility contains approximately 20,000 square feet of
space of which 17,000 is manufacturing and warehousing space. This gives us a total facility of about
85,000 square feet.
For the past nine months, we have been investigating the possibility of micreasing our space from
approximately 85,000 square feet to 120,000 square feet. Based on this need, we have looked at
several alternatives:
1. To use the vacant land that we currently own and add on to our existing building with an addition
of approximately 55,000 square feet;
2. Purchase a vacant building within the Kensington Business Center of approximately 55,000 square
feet; or
3. Buy 120,000 square foot facility outside of Cook County so we can take advantage of the lower
property tax rates.
As part of our review process, we wanted to determine if Mount Prospect had any property tax
incentives to encourage business to remain in Mount Prospect. I began this investigation by caning the
Village of Mount Prospect who referred me to the Cook County Tax Assessor. In speaking with the
Bill Cooney
May 201, 1994
Page 2
Cook County Tax Assessor, I was directed to the Incentive Department and talked to a Mr. Leonard
Motisi. Mr. Motisi explained that there is an incentive called a 6B Assessment for any new
construction that qualifies. After a short discussion with Mr. MotiS4 he indicated that he thought our
expansion plans would qualify for a 6B Assessment. I then asked Mr. Motisi what I needed to do to
fijaher pursue this and he indicated that I should contact the Village of Mount Prospect to determine if
the Village participated in the 6B Assessment Program. I contacted Mr. David Jepson, the Mount
Prospect Finance Director, who suggested I talk with you. I then contacted you and discovered that
Mount Prospect has indeed participated in the 6B Program and therefore, we at Cummins -Allison are
a formal request that our expansion plans be considered for a 6B Assessment.
Cummins -Allison has been in the Kensington Business Center since 1982. During these 13 -years we
have gone through several expansion projects that have benefited both our Company and the Village of
Mount Prospect. We are now prepared to embark on another aggressive expansion program. Our
plans to increase our manufacturing space from 85,000 square feet to 120,000 square feet will increase
our overall space by 41'%. We plan to use this space to increase our numActuring capacity and our
research and development activities. This will create jobs for engineers,,, assemblers, stock handlers
and machinists. I estimate a total of 20 new jobs will be created over the next five years. These 20
new jobs will be in addition to the 150 jobs that already exist in the Mount Prospect facility. The
people that occupy these jobs add to the local economy by shopping and dining in the Mount Prospect
area.
Because Mount Prospect is the corporate office for Cummins -Allison, we are constantly entertaining
out of town guests. Our out of town guests can be customers that are coming to our facilities to
review our product offerings, suppliers who provide us with goods and services, or branch employees
who come into the office to participate in the regular training sessions that we conduct.
Finally, I think a decision by Cummins -Allison to expand in the Kensington Business Center would
demonstrate to Mount Prospect Cummins commitment to remain in Mount Prospect for the
foreseeable future.
I understand that our application for a 6B Assessment must be approved by the Village Board. I
certainly hope that the Board can demonstrate its pro-business position by granting our request for
6B Assessment.
Sincerely,
CImOmNs-ALLisoN CoRp.
D
nwe o", U
Executive Vice President
Engineering/Manufacturing
DLTWjmc
CA C U
CUMMINS -ALLISON COR.
May 24, 1994
Mr. Bill Cooney
Director of PI
Wage of Mt. Prospect
100 South Emerson
Mt. Prospect, ILL 60056
It-. ..... ..... .....
891 Feehanville Drive
Mt. Prospect, IL 60056
Facsimile: 708/299-4940
Telephone: 708/299-9550
I want to thank you for meeting with us on Friday, May 20th. As you know Cummins -Allison is
looking at expanding its facilities. Our major concern with expanding in the Kensington Business
Park, Mt. Prospect is the high property tax we are required to pay in Mt. Prospect (Cook
County).
To help remedy this problem Cummins -Allison has requested a 6B Property Tax Assessment be
granted to our facility expansion plans.
During our May 20th meeting we discussed some of the contributions Cummins -Allison has made
to Kensington and Mt. Prospect. In addition to the items discussed, Cummins -Allison has paid
$1,956,275 in Illinois sales tax for 1993 and $124,430 in real estate taxes. These are considerable
contributions.
In addition to additional property tax for our facilities expansion, we estimate we will be required
to pay $20,000 in permit fees. I would like to take you up on your offer and have you set up a
meeting with the Mayor to discuss the possibility of minimizing our permit fees costs. Please let
me know when this meeting might be scheduled.
We feel there is great value for both Cummins -Allison and the Village of Mt. Prospect for
Cummins -Allison Corporate Headquarters to remain in the Kensington Business Center. I hope
we can work out a plan that insures we can remain in Mt. Prospect and continue to grow.
As you know we are trying to make a decision quickly. You indicated you would attempt to get
our 6B Assessment request before the Village Board on June 7th. Please let me know as soon as
the June 7th date is confirmed,
Sincerely,
S4 h ISDN CORP.
Douglas U. enniie
Executive "dice President, Engineenng/Manufacturing
DUM/ss
THOMAS HOMAS C 0 HYNES
Cook County Assessor
CLASS 68
ELI G,alLIT SUL&
Incentive_Senef its
The Class, 6b classifications designed to encourage industrial
development throughout Cook County by, of fering a real estate tax
0 8 the
incentive for the development of new industrial facilities,
rehabilitation of existing industrial structuresl and the
industrial reutilization of abandoned builldings# Class, 6b 'i's
specif ically intended f or, industrial properties that, are either (a)
IN
manufacturing facillities, or ('b) non -manufacturing industrial,
facilities' located in state -designated Enterprise Zones. The, goal,,
of Class 6b is to attract newlindustryo stimulate expansion of
existing industry and increase employment opportunitiess,
Under the incentive provided by Class 6b, qualifying "industrial
real estate would be eligible for a 16% level of assessment for a
Period of 8 years from, the date that new construction or
substantial rehabilitation is completed, and initially assessed or,
in the case of abandoned property, from the date of substantial
reoccup,ancy,# This constitutes a 4.3ubstantial reduction inthe level
of assessment and results in significant tax savings. In the
absence of this incentive, industrial real estate would normally be
assessed at 36% of its market value.
Where buildings or other structures qualify, for the incentive as
new construction or, as abandoned, property as defined below,, the
reduced level of assessment under, Class, 6b will, apply to those
structures in their entirety as well as to the land upon which they
are situated. Where there is substantial rehabilitation of an
existing structure which has not been aband,oned,o� the reduced, 16%
level of assessment Is applicabl,e only to the additional value
it does not
attributed to the rehabilitation of that, structure
apply to the underlying land.
Eli gib :Lllitv-- Requirements
Real estate is eligible for Class 6b status under the following
conditions:
I. The re -al estate is used primarily for "manufacturing" OR
it is used primarily for, non -manufacturing "industrial"
purposes and located in an area certified as an
p
Enterrise Zone by the Illinois Department of Commerce
and counity Affairs*
mml
(Revised 1-90)
2. There is either (a) new construction,, (b) substantial
rehabilitation, or (c) substantial reoccupancy of
"abandoned" property.
3. An Eligibility Application and supporting documents have
been timely filed with the Office of the Assessor
according to deadlines as set forth in the "What Must Be
Filed" and "Time for Filing" sections of this Bulletin.
4. The municipality in which such real estate is located (or
the County Board, if the real estate is located in an
unincorporated area) must, by lawful resolution or
ordinance, expressly state that it supports and consents
to the filing of a Class 6b Application and that it finds
Class 6b necessary for development to occur on the
subject property.
The following definitions, as set forth in Section 1 of the Cook
County Real Property Assessment Classification Ordinance, pertain
to the Class 6b incentive provision:
Industr ial—purRO'se "Any real estate used primarily in
manufacturing ... or in the extraction or processing of raw
materials unserviceable in their natural state to create new
physical products or materials, or in the transportation or
storage of raw materials or finished or partially finished
physical goods in the wholesale distribution of such materials
or goods."
Manufacturing: "The material staging and production of goods
used in procedures commonly regarded as manufacturing,
processing, fabrication, or assembling which changes existing
material into new shapes, new qualities, or new combinations."
,kba,n,doned property: "Buildings and other structures that,
after having been vacant and unused for at least 24 continuous
months,, have been substantially rehabilitated or purchased for
value by a purchaser in whom the seller has no direct
financial interest."
What Must Be Filed
An applicant seeking the reclassification of real estate to Class
6b is required to file a "Class 6b Eligibility Application" with
the Office of the Assessor. In addition, an applicant must submit,
at the same time, a certified copy of an ordinance or resolution
adopted by the municipality in which the real estate is located (or
the County Board, if the real estate is located in an
unincorporated area) expressly stating that it supports and
consents to the filing of a Class 6b Application and that it finds
Class 6b necessary for development to occur on the subject
property. After ter the construction, or �reoccupancy has, taken place,
ft 0
an applicant must also file, in triplicate, a, "Real, Estate Assessed
Valuation Compl,a, lint" (Form 48,18) requesting that the real estate be,
reclassified to class 6b.
Any information that is not known or any supporting documents that
are not available at the time of the "initial filing must be
submitted as a supplement to the Application.
No final action on a request for reclassification to Class 6b will
be taken until a Complaint and an Eligibility Application, along
with the required documentation as described therein, are completed
and filed with the Office of the Assessor.
In addition, in order to maintain Class 6b for the full incentive
term once granted, applicants must annually file an Affidavit with
the Assessor's office.
Time for Zilinq
The Eligibility Application along with the appropriate resolution
or ordinance pust be filed,, with the Assessor pr or to, but no
I I
earlier than one year before, commencementnestguct10
w con -n,
6 1111"14
(excluding demolition, if any) or substantla 11*t
including the substantial rehabilitation of "abandoned" property.
With respect to "abandoned" property that has been purchased for
value, the Eligibility Application and the resolution or ordinance
must be filed at the same time with the Assessor no later than
ninety (90) days after the date of purchase. Where "abandoned"
property has been or will be purchased for value and subsequent
substantial rehabilitation is planned, a single Eligibility
Application and resolution or ordinance may be filed for both
situations, provided that the Application is filed no later than
ninety (90) days following the date of purchase but prior to
commencement of such rehabilitation.
For the purpose of certifying final assessments on a timely basis
to the Board of Appeals, deadlines for filing Complaints are
established on a township basis. Check with the office of the
Assessor to determine when the deadline occurs for a particular
township.
Questions regarding Class 6b may be directed to the Development
Incentives Department of the office of the Cook County Assessor,
Room 312, 118 North Clark Street, Chicago, Illinois 606020 (312)
443-75290
y M1 1101-
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3,
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ft
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NORTH
listSC
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R!!>AA1111M0 0 50 100 700
t Ilalull I u IM11
' • • • JOGGING PATH
a0+
I
_ •_ - PEDESTRIAN BRIDGE
TRADITION
For the past decade, Kensington Center ton and Wolf roads, the Center is just 14 ,
has established the definition of suburban minutes from O'Hare International Airport
business pork development in North- and 30 minutes to Chicagos Loop.
eastern 1111neeis. I)rawirlg mi die principles �
which have made Opus North a pre-
eminent national developer, the thriving ENVIRONMENT
center is home to such national and inter- Kensington Center's tong standing atten-
national firms as Metropolitan I ,ife, tion to ieohotirc. and f-ntirirnnmPnt affnrrk =`
/caf
6/1/94
RESOLUTION NO.
WHEREAS, the Village of Mount Prospect encourages community development to
provide for economic growth and career opportunities; and
WHEREAS, through property tax incentives offered by Cook County, various opportunities
exist for new businesses to become established in Mount Prospect, Cook County; and
WHEREAS, without the Cook County property tax incentives, Mount Prospect is at a
competitive disadvantage with the neighboring counties of Lake and Du Page in attracting
industrial development; and
WHEREAS, CUMMINS ALLISON CORP. has requested the Village of Mount Prospect
to support their application for a Class 6b real property classification; and
WHEREAS, the corporate authorities of the Village of Mount Prospect believe that the
request of CUMMINS ALLISON CORP. is in the best interest of the economic
development in the Village of Mount Prospect.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SE,g,TI,ON ONE* That the Mayor and Board of'Trustees of the Village of punt Prospect
do hereby support and consent to the application of CUMMINS ALLISONCORP. ,for a
Class 6b Property Classification from Cook County,, which allows a 16% assessment level
for 8 years for the property identified in Exhibit "A" attached hereto and hereby made a
part hereof and further identified by Permanent Index Number 03-35-102-025 and 03-35-
102-026.
SEC'TION'E,&,O.-. That the Village of Mount Prospect supports industrial growth, increased
employment and economic development and this proposed development is in furtherance
of this goal. The Board of Trustees of the Village of Mount Prospect further finds that this
incentive is necessary for development to occur on the Subject Property.
§jECT,lON THREE'. That development of the property is subject to compliance with all
requirements of the 1-1 (Light Industrial) District and development standards of the
Kensington Center for Business.
SECTIQN FQUR: That this Resolution shall be in full force and effect from and after its
passage and approval in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of199
..,, ... A
4
ATTEST: Gerald L. Farley, Mayor
Carol A. Fields, Village Clerk
Lot 310-B in Kensington Center Resubdivision VII of Lot 310 in Kensington
Center Phase Three -A, being a part of the Northwest 1/4 and the Northeast
1/4 of Section 35, Township 42 North, Range 11, East of the Third Principal
Meridian, Cook County, Illinois, according to the plat thereof recorded May
41 1981 as Document No. 25859082.
Commonly known as "Cummins Allison Corp. 891 Feehanville Drive,
Mount Prospect, Illinois 60056
NQ. Ws;
1. COMPLIES WITH COMPREBENSIVE PLAN?
2. COMPLIES WITH THOROUGBFARE PLAN?
3. VARIATIONS NEEDED FROM ZONING REGULATIONS?
(See below.)
4. SUBDIVISION REQUIRED?
S
GENERALCQ�'
Surrounding zoning and land uses:
North - R -A Single Family Residences
South - R -A Single Family Residences
East - R -A Single Family Residences
West - R -A Single Family Residences
The variation is requested in order to remove and replace the existing garage with a new 20' x 22' garage in same
location. The Ordinance was revised in 1993 to accommodate accessory structures on 50 foot lots from a 5 foot
setback to 3 feet. There is sufficient room to meet the 3 foot setback and staff feels no hardship is shown.
DWector Date
2a ENGINEERING
PETITIONER'S APPLICATION - MOUNT PROSPECT ZONING BOARD OF APPEALS
a. Underground Utilities
Water . . . . . . . . . .
Sanitary Sewer
Storm Sewer. . . .
b. Surface Improvement
Pavement . . . . . . . .. . .
Curb & Gutter . .. . . . . . .
Sidewalks . . ....... *—
Street Lighting . . . . . . .
c. Easements
Utility& Drainage x
Access X
2. PERNUTS REQUIRED OTHER THAN VILLAGE:
a. MWRDGC b. IDOT
«Qlj fil I
qF
c. ARMY CORP d. IEPA f OTHER
... . . .. . jj
2% ENGINEERING DIVISION (Continued)
C,Omz&Nls
3. R.O.W. DEDICATIONS?
4, SITE PLAN ACCEPTABLE? _x FL4 rl s h oW �?a4j d rj_s
"�C4 _& Q d4C6*Vd=i_;
5. PRELIMINARY PLAT ACCEPTABLE? .....
6. TRAFFIC STUDY ACCEPTABLE?
7. STORM WATER DETENTION REQUIRED . .
8. FLOOD PLAIN OR FLOODWAY E)CISTING? .
9. WETLAND EXISTING? .
GENERAL CON04ENTS:
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PLANS PREPARED BY,:
DATE OF PLANS:
Engineering Coordinator Date'
K
FIRE DEPARTMENT �'
1. NUMBER OF STORIES .........
2. HEIGHT OF BUELDING. . ........ .
3. FIRE LANES ......
4. FIRE HYDRANTS
S. STANDPIPE
6. SPRINKLER.S .......
7. FIRE PUMP ............
8. FIRE ALARM ......
9. COULD A FIRE ON THE PROPOSED USE BE ADEQUATELY CONTROLLED AND
EXTINGUISHE IDS' I
IF NOT, WHAT SPECIFIC CHANGES AND REQUIREMENTS DO YOU SUGGEST TO ACHMVE
TTS 'PURPGSE'
..
10. DO ANY EXISTING OR PROPOSED CUL-DE-SACS ALLOW ADEQUATE ACCESS FOR
EMERGENCY VEFUCLES?
11. GENERAL CONIMENTS".'
Director Date
4 INSPECTION SERVICES DEPARTMENT
PETITIONER'S APPLICATION - MOUNT PROSPECT ZONING BOARD OF APPEALS
1. X VARIATIONS NEEDED FROM VILLAGE BUILDING CODE (See below)
MEETS HEALTIVSAFETY CODE REQUIREMENTS
Section 21.106 B 3 b (1) - Location of detached gaz-ages on lots shall
conform to requirements of the Mount Prospect Zon.,:f.---g Ordinance.
2) Note: Section 202.1 of the CARO code requires:
"Exterior walls located less than 3 feet from property lines shall
have not less than a 1 -hour fire resistive rating."
Director Date
POLICE DEPARTMENT
PETTI' NERIS, APPLICATION - moumv mubmLL ZVINIINky LIVAMM VV ^rrr,^iaa
1. CHARACTER OF USE: (WOULD IT BE A PROBLEM TYPE?)
2. ARE LIGHTING REQUIREMENTS ADEQUATE?
3. PRESENT TRAFFIC PROBLEMS?
4. TRAFFIC ACCIDENTS AT PARTICULAR LOCATION:
5. TRAFFIC PROBLEMS THAT MAY BE CREATED BY THE DEVELOPMENT:
Z-7 CC
Z� 4.rl
L
bilrector Date
tl
0
6 PUBLIC WORKS DEPARTMENT
PE'TITIONER'S APPLICATION • MOUNT PROSPECT ZONING BOARD OF APPEALS
4. SMM AS
5. QENEHALQ2J
Director Date �
VILLAGE OF MOUNT PROSPECT
PLANNING DEPARTMENT
Mount Prospect, Illinois
t>
TOO MICKAELE. JANONIS, VILLAGE MANAGER
FROM: WILLIAM L COO Y, JR., DIRECTOR OF PILAAANNNING v
DATE: MAY 31,11994
SUBJECT: ZBA-20-V-94, MICHAE, L AND PAMTLA Ste"' MONS
LOCATION, 113 SOUTH EDWARD
The Zoning Board of Appeals transmits for your consideration their recommendation on a request
for a variation at 113 South Edward Street. Specifically, the applicants are seeking to replace an
existing 1-1 /2 car garage with a two -car garage in the same location which leaves a 1.09 foot setback
instead of the mu' =*urn required 3 foot.
The request was reviewed at the regular Zoning Board of Appeals meeting of May 26, 1994. At the
meeting, Mr. Michael Sammons presented the request. Mr. Sammons indicated that the required
setbacks would reduce the minimal yard fiuther. He also indicated that the driveway needed to access
the garage would require the loss of a portion of a brick patio. He further stated that the adjacent
property owner has seen the request and is not opposed.
Planner,, Ray Forsythe, then summarized the staff report. He indicated that the Zoning Ordinance was
amended in 1993 to accommodate lots with width of 55 feet or less. The setback for accessory
structures was reduced from 5 feet to 3 feet. The minimum setback of 3 feet was chosen to establish
an acceptable drainage pattern as well as give the property owners .an acceptable yard. Because of
the recent amendment, staff recommended denial of the request.
The Zoning Board of Appeals discussed the request. By a vote of 4-3, the Zoning Board of Appeals
recommends approval of the request.
WJC:hg
Centrai noad
Heights, IL 60005
P.
,nglon
ilhone: 708-392-7600
43
Fax: 708-392-7719
P LAT OF SURVEY
9800 S Roberts Road
218.N County Street
Palos Hills, IL 60465
Waukegan, IL 60085
Phone: 708,-430-4077
Phone: 708-336-2473
Fax: 708-598-0696
Fax: 708-336-2113
149 N Virginia Street
Crystal Lake, IL 60014
Phone 815-356-1510
, - ax 815-356-5658
373 S. County Farm Road
Wheaton, IL 60187
Phone* 708-690-3733
Fax: 708-690-3735
LOT 16 IN BLOCK 12 IN BUSST--,',S EIASTFRN ADDITION TO MOUNT PROSPECT IN THE EAST 112
OF SECTION 12, TOWNSHIP 4L NORTH, RANGE 11, EAST OF THE T11IRD PRINCIPAL MERIDIAN,
IN COOK COUNTY, ILLINOIS.
....... .. .............. .. .
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