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HomeMy WebLinkAboutOrd 5613 02/06/2007 ORDINANCE NO. 5613 AN ORDINANCE GRANTING A CONDITIONAL USE AND DEVELOPMENT CODE EXCEPTION FOR PROPERTY LOCATED AT 103 SOUTH MAPLE STREET, MOUNT PROSPECT, ILLINOIS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 6TH DAY OF FEBRUARY 2007 Published in pa,mphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 7TH day of February 2007. ORDINANCE NO. 5613 AN ORDINANCE GRANTING A CONDITIONAL USE AND DEVELOPMENT CODE EXCEPTION FOR PROPERTY LOCATED AT 103 SOUTH MAPLE STREET, MOUNT PROSPECT, ILLINOIS WHEREAS, the President and Board of Trustees of the Village of Mount Prospect, Illinois, did adopt Ordinance No. 5404, entitled "An Ordinance Granting a Conditional Use Permit for Property Located at 103 South Maple Street" (hereinafter referred to as "Ordinance 5404"), at their regular meeting held January 6, 2004; and WHEREAS, Ordinance 5404 granted a conditional use permit with respect to a petition filed by the Mount Prospect Historical Society (hereinafter referred to as the "Petitioner") with regard to the property located at 103 South Maple Street (hereinafter referred to as the "Subject Property") and legally described as follows: Lots 1 and 2 in Block 11 in Busse and Wille's Resubdivision in Mount Prospect in the West Half (1/2) of Section 12, Township 41 North, Range 11 East of the Third Principal Meridian. Property Index Number: 08-12-110-002-0000; and WHEREAS, the conditional use permit granted under Ordinance 5404 expired pursuant to Chapter 14, Section 14.203.F.11 of the Village Code, which provides that a conditional use permit becomes null and void where the construction of an approved conditional use is not substantially underway, or a use is not established or commenced in the building within one year from the date of granting the conditional use, and completed within eighteen (18) months; and WHEREAS, Petitioner has requested that the conditional use permit granted under Ordinance 5404 be reaffirmed as a new conditional use permit with different site plans, a six (6) month extension of the conditional use, and a Development Code exception for storm water detention (hereinafter referred to as the "Conditional Use Permit"); and WHEREAS, the Planning and Zoning Commission of the Village of Mount Prospect conducted a public hearing on the request for the relief requested by Petitioner, being the subject of PZ-28-06, which hearing was held on the 14th day of December, 2006, pursuant to proper legal notice published in the Mount Prospect Journal & Topics on the 29th day of November 2006; and WHEREAS, the Planning and Zoning Commission has submitted its findings and a positive recommendation to the President and Board of Trustees of the Village of Mount Prospect, which hereby adopt those findings and recommendations; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the request for the Conditional Use Permit, a six (6) months extension of that Permit, and a Development Code exception for storm water detention, and have determined that such relief meets the standards of the Village and would be in the best interests of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE MOUNT PROSPECT, ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: 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 grant a Conditional Use Permit, as provided in Section 14.203.F.7 of the Village Code, to allow the relocation of an existing building to be operated as a historical museum at 103 South Maple Street, as shown on the Site Plan, a copy of which is attached hereto and hereby made a part hereof as Exhibit "A". SECTION THREE: That prior to the issuance of a building permit relative to the Conditional Use Permit, the following conditions and/or written documentation shall be fulfilled: 1. The site shall be developed in accordance with the plans prepared by Norm J. Toberman Associates dated October 19, 2006; 2. The Petitioner shall submit a landscape plan for Staff review prior to applying for a building permit; 3. The Petitioner shall confer with Staff when determining the travel path for relocating the schoolhouse and adhere to Staff's requirements for tree protection; 4. The Petitioner shall enter into an off-site parking agreement with the Village of Mount Prospect to ensure parking spaces are provided as required by the Zoning Ordinance; and 5. The site and building shall be developed in accordance with all Village Codes, which include, but are not limited to, the installation for fire sprinklers. SECTION FOUR: The Conditional Use Permit is hereby granted a six (6) month extension from the provisions of Chapter 14, Section 14.203.F.11 of the Development Code of the Village Code, such that it shall become null and void where the construction of this approved Conditional Use is not substantially underway, or this Use is not established or commenced in the building within eighteen (18) months from the date of granting the Conditional Use, and completed within two years. SECTION FIVE: An exception is hereby granted from Chapter 15, Section 15.402. B of the Village Code, exempting the Petitioner from providing storm water detention on the Subject Property during the existence of the Conditional Use Permit. SECTION SIX: 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: Corcoran, Hoefert, Korn, Lohrstorfer, Skowron NAYS: None ABSENT: Zadel PASSED and APPROVED this 6th day of February 2007. ~1:~fh Irvana K. Wilks Mayor ATTEST: .0 /' 0 il... "..1/ ,....<,:,.,,' .. ,11 ) / ,(.; ,YiTf;./-ft"/.r2 (; ./ M. L'isa Angell J - Village Clerk H:\CLKO\files\WIN\ORDINANC\mphistoricalsocietyconditional use and Development Code Exceptionnov212006.doc ...~. ..L... ...:....~,...'..~~~.~''....~ '~'~:'. ....,.....:... tlClat.ie,12c.\'Q . ; :~.. .:.......:...... . ~..,: :..... :f ~~'. $ I: f 'l I~' ~. ~ il ~J ~ s ~iifi l'" '~" () I ,- " J C4 J ",'OJ r- :-.:--......, () " _ I~ N .. ~~.ft I- I : I.': ~ ... .". . ~ ~l '.~..... -7". -"j ~ "1.',:" , .'~ ," '.' ~ f I.... I ;. : ~ .... -=- , I! ~ i,:,!t;.'}>.; .} ~.:. . . s' ~ !~ ihhh-< ~;; blmii ! 1- ~ ~~~I ~~ ~ ~ !I! ~ ~8ii~ m~ 1 I , I 1 I i'm ,Ie: ~Icn f'~ f' ri)> I~ '2: Ie: ,m I , I 1 I , I , I , I I , I I e ~ ~ < , . ~ .' ", .' t. 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