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HomeMy WebLinkAbout2551_001ORDINANCE NO. 2536 F WHEREAS, a written petition under oath signed by the owners of record of land hereinafter described has been filed with the Village Clerk of the Village of Mount Prospect requesting that said land be annexed to the Village of Mount Prospect; and WHEREAS,, no electors reside upon the said property to be annexed; and WHEREAS, the said land is not within the corporate limits of any municipality, but is contiguous to the Village of Mount Prospect; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect find and believe it to be in the best interests of the said Village that said land and territory be annexed thereto-, NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That all land and territory legally described as ollows: The North 5 acres of the South 20 acres, excepting therefrom that part described as follows: Beginning at a point on the East boundary of said above described Tract at a point 121.89 feet South of the North boundary of said tract; thence West 772 feet on a line parallel with the North boundary of said above tract; thence South,42.32 feet; thence East 772 feet in a line parallel with the North boundary of said first described tract; thence North to the point of beginning; (Except the West 210 feet thereof) of the Southeast Quarter (1/4) of the Northeast Quarter (1/4) of Section 22, Township 41 North, Range 11 East of the. Third Principal Meridian, Cook County, Illinois's an accurate map of which territory is attached hereto and made a part hereof by this reference, be and the same is hereby annexed to the Village of Mount Prospect, Cook County, Illinois. SECTION TWO: That Map 38-5 contained in SECTION ONE of Ordinance No. 11 2410, p I assed and approved Mar -ch 20, 1973, be amended to reflect the ex,tention of the corporate limits of the Village of Mount Prospect, to include the property hereinabove described and hereby annexed. SECTION THREE: That the Village Clerk of' the Villagei of Mount Prospect is hereby directed to file in theOffice of the, Recorder of Deeds of Cook County, 1111inoiliz, a, certilied copy of this, Ordinance together wi,th an accurate map of the territory annexed,,* SECTION FOUR: That this Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. AYES: 6 a NAYS: G 5thNovember 1974. PASSED and APPROVED thio s day �ofmi. MOWN mi IF INo • ROBERT D. TEICNERT Village President ATTEST DONALD W. GOODMAN MI Now- IMMIN, Village Clerk ORDINANCE NO., 2 5 3 7 AN ORDINANCE AMENDING MAP 38-S OF THE MOUNT PROSPECT ZONING ORDINANCE WHEREAS, the Zoning Board of Appeals of the Village of Mount Prospect did heretofore conduct public hearings under Case No. 17-Z-74 at the hour of 8:00 p.m, on May 13, 1974, and July 16, 1974, pursuant to a request for zoning classification changes in conjunction with a planned unit development, which requested changes were from R -X (Single Family Residence District) to R-4 (Residential Development District) of certain property hereinafter described; and WHEREAS, a notice of the aforesaid public hearings were made in the manner provided by law and published in the April 24, 1974, and June 28, 1974, editions of the newspaper of general circulation within the Village of Mount Prospect; and WHEREAS, the Zoning Board of Appeals has recommended that the zoning changes be granted; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined that the best interests of the Village of Mount Prospect will be attained by the adoption of the Zoning Board of Appeals recommendation under Case No. 17-Z-74 regarding the subject property; NOW.,THEREFORE, BE IT ORDAINED BY THE PRESIDENT -AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY., ILLINOIS: SECTION ONE: That Map 38-S of the Zoning Ordinance of the Village 0 M ii-n-t-T-rospect, as amended., be and are hereby further amended by reclassifying from R -X (Single Family Residence District) to R-4 (Residential Development District) that land legally described as follows: The North 5 acres of the South 20 acres, excepting therefrom that part described as follows: Beginning at a point on the East boundary of said above described Tract at a point 121.89 feet South of the North boundary of said tract; thence West 772 feet on a line parallel with the North boundary of said above tract; thence South 42.32 feet- thence East 772 feet in a line parallel with the North boundary of said first described,tract; thence North to the point of beginning; (Except the West 210 feet thereof) of the Southeast Quarter (1/4) of the Northeast Quarter (1/4) of Section 22, Township 41 North l ,, Range 11 East of the Third Principal Meridian, Cook County, Illinois, SECTION' TWO: That Mapcontained in SECTION ONE of -nance, No. 2410, passed and approved -March 20, 1973, shall be deemed amended so as to conform with the reclassification of the property herein contained in SECTION ONE above. SECTION THREE: That this Ordinance shall be in full force and eTfe-c-FYr-om and after the recording of an approved plat resub- dividing the subject property into one (1) lot of record; and after its passage, approvall'and publication in the manner provided by law* AYES: 5 NAYS: I " PASSED A and APPROVED this 5th day of November 1974. ATTEST: DONALD Wo GOODMAN Village Clerk ROBERT D. TEICHERT Village President 10 2 so ORDINANCE,N0,. 2538 AN ORDINANCE GRANTING CERTAIN VARIATIONS FOR PROPERTY LOCATED WEST OF'BUSSE ROAD AT CHARLOTTE ROAD EXTENDED t MOUNT PROSPECT, ILLINOIS WHEREAS, the Zoning Board of Appeals of: the Village of Mount Prospect did meet on the 16th day of July,, 1974, at the' hour of 8: 00 p.m,. at the Mount Prospect Village Hall and did hear Case No 17A -SU -74, pursuant to proper legal notice; and WHEREASO the Zoning Board of Appeals of the Village of Mount Prospect did hear this request for a side yard variation and for a variation in the size of parking spaces so as to allow the petitioner to construct a certain Planned Unit Development containing seventy-two (72) condominium units on property located west of Busse Road at Char- lotte Road extended; and WHEREAS. the Zoning Board of Appeals of the Village of Mount Prospect did recom- mend to the President and Board of Trustees of the Village of Mount Prospect the approval of this request under Case No$ 17A -SU -74 for the reasons that: 'is a practical difficulty (1) There and particular hardship on the petitioner; (2) The purpose of the variations is not based exclu- sively upon a desire to Make money; (3) The conditions uponwhich the petition for these variations is based are unique in that the parcel is of an irregular shape; and (4) The granting of these variations will not be d9trifto mental to the public or injurious to: surrounding property in that they will not alter the essential character of the locality; and WHEREAS , the President and Board of Trustees of the Village of Mount Prospect have reviewed the matter herein and have determined that the same is in the best interests of the Village of Mount Prospect,; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT p COOK COUNTY p ILLINOIS: SECTION ONE: That the property being the subject matter of Case No. 17A -SU -74, being legally described as follows: The North 5 acres of the South 20 acres . excepting therefrom that part described as follows: Beginning at a point on the East boundary of said above described tract at a point 121.89 feet South of the North boundary of said tract; thence West 772 feet on a line parallel with the North boundary of said above tract; thence South 42.32 feet; therice East 772 feet in a line parallel with the North boundary of said first described tract; thence North to the point of beginning; (except the West 210 feet thereof) of the Southeast, Quarter (1) of the Northeast Quarter (4) of Section 22, Township 41 North, Range 11 East of the Third Principal Meridian, in Co.o1c County, Illinois, is currently zoned under the Zoning Ordinance of the Village of Mount Prospect as R-4 (Residential Development) District , which zoning classification shall rernalin i in effect subject to the variations granted herein: (a) That the side yard adjacent to the northerlymost lot line of the subject parcel be reduce'd to twenty feet (201) to permit construction of Buildings "All, and that the said side yard be reduced to twenty-five feet (251) to permit the construction of Building"'B" -- pursuant to that plan for development attached heretoand hereby made a part hereof as Exhibit Id (b) That the side yard requirements of the Zoning Ordinance of the Village of Mount Prospect be altered to permit park- ing spaces and driveways within same (c) That the required stall size for parking spaces be reduced from ton feet by twenty feet (101x201) in area to nine feet by twenty feet (91x201) for all required parking to be located on the subject property* SECTION TWO: That all requirements of the Mount Prospect Building and Zoning Code 'shall be applicable excepf the variations noted in SECTION ONE heretofore mentioned, SECTION THREE: That the Director of Building and Zoning of the Village of Mount Prospect is hereby authorized to issue a building permit for construction in accordance with the variations hereinbefore mentioned. SECTION FOUR: That the variations granted by this Ordinance shall be null and void and of no force and effect whatsoever unless an application for a building permit pursuant to such variations is made and construction commenced within one (1) year of the date this said Ordinance becomes effective. SECTION FIVE: That this Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. AYES: 5 NAYS: PASSED and APPROVED this 5th day of November 1974, ROBERT D. TEICHERT Village President ATTEST: DONALD W. GOODMAN Village Clerk ORDINANCE NO. 2539 AN ORDINANCE GRANTING A SPECIAL USE.PERMIT IN THE NATURE OF A PLANNED UNIT DEVELOPMENT FOR PROPERTY LOCATED WEST OF BUSSE ROAD AT CHARLOTTE ROAD EXTENDBD WHEREAS, the Zoning Board of Appeals of the Village of Mount Prospect did heretofore conduct a Public Hear3".*n'g under Case No. 17A -SU -74 on July 16, 1974, at the hour of 8:00 p.m., pursuant to a request for a special use in the nature of a Planned Unit Development; and WHEREAS, a notice of the aforesaid public hearing was made in the manner provided by law and published in the June 26, 1974, edition of a newspaper of general circulation within the Village of Mount Prospect; and WHEREAS, the President and Board of Trustees of the Village -of Mount' Prospect have determined that the best interests of the Village of Mount Prospect will be attained by the passage of the following Ordinance regarding the subject property; I NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECTp COOK COUNTY, ILLINOIS: SECTION ONE: That a special use permit be and is hereby granted to i1ro—wTerlette Realty and Builders to construct a Planned Unit Development upon the following described property: The North 5 acres of the South 20 acres, excepting therefrom that part described as follows: Beginning at a point on the East boundary of said above described Tract at a point 121.89 feet South of the North boundary of said tract; thence West 772 feet on a line parallel with the North boundary of said above tract; thence South 42.32 feet; thence East 772 feet in a line parallel with the North boundary of said first described tract; thence North to the point of beginning; (Except the West 210 feet thereof) of the Southeast Quarter (1/4) of the Northeast Quarter (1/4) of Section 22, Township 41 North, Range 11 East of the Third Principal Meridian, Cook County, Illinois. SECTION TWO: That the Planned Unit Development hereinabove authorized"'"'and permitted shall be constructed pursuant to the land uses and standards shown upon the Site Plan, attached hereto and hereby made a part hereof as Exhibit A, ,except as may otherwise be provided herein, and as necessarily modified to solve engineering layout and design problems at the time of the construction of the said Planned Unit Development, A. Said Planned Unit Development shall consist of the construction of no more than 72 dwelling units upon that portion of the subject property zoned R-4 (Residential Development District). 1. Said dwelling units may comprise -a maximum number of seventy-two (72) two-bedroom units, each of which shall have floor areas ranging from 875 to 1,075 square feet., 24, No units containing more than two bedrooms shall be permitted. Be The site of said Planned Unit Development shall also be improved with certain on-site and off-site utilities pursuant to that plan attached hereto and hereby made a part hereof as Exhiibit�B, which improvements shall be dedicated to the Village of Mount Prospect.' SECTION THREE: That the Village President is hereby authorized to and the Village Clerk is hereby authorized to attest, and sign, Anthony A. Fallegiardo shall execute and see to the recording to the "Restrictive Covenants" attached hereto and hereby made a part hereof as Exhibit C. if Building 1 SECTION FOUR: That the Director of Bul ing and Zoning of the V'Ifliage o_ punt Prospect is hereby authorized to issue upon proper application for building permits such permits as may be required for the construction of the said Planned Unit Development -- which construction shall be governed by the terms of Article XXV of the Mount Prospect Zoning Ordinance, this Ordinance herein, and all other applicable ordinances of the Village of Mount Prospect. SECTION FIVE., That as each building in the development is 'completed ' an occupancy certificates are issued for all of the residences in each building, Anthony A. FallegiJardo will cause an Open Space Easement to be delivered to the Village of Mount Prospect. As These easements and plats shall be recorded and shall contain such wording as may be sufficient to permanently guarantee the open space as shown on such easement in accordance with the said Planned Unit Development and any amendments thereto. Be That said Open Space Easements shall constitute a covenant running with the land and shall be enforceabl by the said"Villae of, Mount Prospe gcts SECTION SIX: That the'text of this Ordinance ande Restrictive U—ovenants contained in'Exhibit C hereto shall be recorded in the Office of the Recorder of Deeds of Cook County, Illinois, upon "th execution thereof. SECTION SEVEN: That this Ordinance shall be in full force and effect rom and after the recording of an approved plat resubdivid-iii,g (consolidating) the subjectproperty into one (1) lot of reclord as shown upon that plat attached hereto and hereby made a part, hereof as Exhibit D; and after its approval, and publicatil,on in the manner provided by law, 5 AYES NAYS: PASSED and APPROVED this 5th, day of November 19746 ROBERT D. TEICHERT j MEMO 1 61 'Village President ATTEST: DONALD W. GOODMAN Village Clerk RESTRICTIVE COVENANTS ANTHONY A PALLEhGIA,RD4, in .accordance with the proVisiOns of Art�Article XX,V of � he Zoning ,ordinance of the Village of Mqunt he reation of Planned Unj,t Developments Prospect providing far o e same does hereby' covenant with the aid the regulatzar4 e� the � PILLAGE OF MOUNT PROSPECT, a 11junicipal corporation of the Couxity t f Cook and State of 1� linois, as follows 1. -ANTHONY A. PALLEG ARDO will maintain control of the I . a o:.ed. on, the property described as Planned Unit Devgl p���ent P ro p follows; wi T. heNorth S acres of ,the South, ou.h 20 PC -res oxcept�lxg therefrom ` a.tart dscr,ibcd as E 1 )ws*, µ io n "' Ea��t o mda y of sal , Beginning � � feet South above de scr ihed Tract, at� a p1� t l � �l n �x�e North. bou,n,dary. of said, txvac�t the4c�e fest �'" of parallel wth the North boundary of feet , a line o then eSouth 2. thence, said tract East " 7 � 'feet, �n a parallel with the o rt x id first oscrie tact th,exce North bio�undary o Except the est 2 l ee to the poi t of beginning;* thereof) of the So � theast Quarter 1 ), of the of �e��o 2 o shlp� l Northeast Quarter 1 ) � � l ''lan, N` Rake 11 as of the r Prig Cook ., Coin x 111401s to guarantee development substantially in.accordance with the P . Planned Unit Development Ordina4ce No.25 glf approved by the Pressdezlt and Board off' "fix` � u •tees of tl�e V�llag�g of Fount Prospect on November 5, 197 for a Pe`i° d of eighteen months following completion 4f sai4 P Panned Ung t Dpvelgpznent . 2t ANTHONY All P�LhhQlA DP duos further coyenan� that for a period of twenty (Zo) years fra:in the dace of commencement of aanstru�tx. •on of said P � n 1 n ed .Unlit Development that he will, by uate maintenance of all building exteriors, contract (�) , provide for ade q parking areas, and otheT paved areas, and of all open space located which open s ps.�e is defined within said Planned Unit Development, co)� 1 tioA o� con, truction Of title s4id as a� l of the land upon p o t less x� sidentai�. bua�ldings, ccrlmex~cial Planned Un,�t Developmc.n � buy, l ing s , parking areas a4d otl�pr paved areas 4 o cu aixcy �y residents occur, as to +each state of development, ANTHONY A. FALLEGIARDO will cause a Plat of Open Space Basement to be delivered to the Village of Mount Prospect for recordation, whichby said Plat, it is intended to permanently guarantee open space substantially in accordance with said approved Planned Unit Development and any amendment thereto., Said Plat of Open Space Easement shall constitute a covenant running with the land for fifty (50) years from toe date of said recording of those covenants and shall be enforceable by said Village of Mount Prospect. 4. The covenants herein contained shall run with the land for the periods of time set forth herein. Thereafter, said covenants shall be extended automatically for successive periods of ten (10) years unless by a vote of the majority of the said landowners of the said property it is agreed otherwise. S. Nothing in these covenants shall in any way prevent alienation or sale of the subject property or portion thereof except that said sale shall be subject to the provisions hereof and of the Planned Unit Development Ordinance of the Village of Mount Prospect and the new Owner shall be both benefited and bound by the condition's and restrictions herein and therein expressed. 6. By acceptance of these Restrictive Covenants, the Village of Mount Prospect acknowledges that its Ordinance relating to Restrictive Covenants has been fully complied with. 7. If the parties hereto, or any of them, or their heirs or assigns shall violate or attempt to violate -any of the covenants herein, it shall be lawful for the other parties hereto, including the Village of Mount Prospect, to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate any such covenant -- and either to prevent him or them from so doing or to recover damages or other dues for such violation. 81 These covenants shall be binding upon and inure to the _2" benefit of the parties hereto,'thexr successors and assigns. IN WITNESS WHEREOF, the parties hereto have hereunto set ands and seals this day of , 1974, their h _.���YL. ANTHONY A. FALLEGIAR.DO Anthony A., Fa11egiardo Witness: ROBERT F. MOORE ATTEST: DONALD W. GOODMAN Village Clerk VILLAGE OF -MOUNT PROSPECT, a municipal corporation of the County of ,.Cook and State of Illinois By: . ROBERT D. TE I CHERT Village President mc 60,00"? ox.'00? ORDINANCE NO, U v W1111 Emig WHEREAS, the Zoning Board of Appeals of the Village of Mount Prospect heretofore on May 24, 1973, at the hour of 8:00 p.m., conducted a public hearing under Case No. 2-Z-73 requesting a zoning classification change from B-3 (Business - Retail and Service) District to B-4 (Business - Retail and Service) District of a certain parcel of property hereinafter described; and WHEREAS, notice of the aforesaid public hearing was made in the manner provided by law and published in the May 8, 1973, edition of a newspaper of general circulation with the Village of Mount Prospect; and WHEREAS, the Zoning Board of Appeals of the Village of Mount Prospect recommended to the President and Board of Trustees that the subject property be reclassified as requested; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined, the best interests of the Village of Mount Prospect will be attained by the adoption of the recommendations of the Zoning'Board of Appeals on Case No. 2-Z-73 regarding the subject property; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Map 6-S of the Zoning, Ordinance of the Villa, I o - f M - ount W P 11 rospect, as amended, be and, the same is hereby further amended by reclassifying from B-3 (Business - Retail and, Service) District to B-4 (Business - Retail and, Service) District the following described property: Lots 1, 2, 3. and 4 in Henry'J. Ehard18 Subdivision of that part of the No'rthedst--Quarter (NE 1/4) of Section 11, Township 41 North, Range 11, East 'of the Third Principal Meridian lying North of the Chicago & North Western Railroad Company's right of way, in Cook County, Illinois* SECTION TWO: That Map 6-S contained in SECTION ONE of Ordinance N6. passed and approved,March 20, 1973, shall be deemed amended so as to conform with the reclassification of the property herein contained in SECTION ONE above* SECTION THREE: That this Ordinance shall be in full force and -&Tfe-c—t---f'r-6-m-7and after the recording of an approved plat res,ubl- dividing (consolidati',ng) the sub*ect property into one (1) lot of record, and after "its pa,,s,sage,, approval, and publication, in the manner provided by law. AYES: NAYS: PASSED and APPROVED this day of Village President ATTEST: Village Clerk 19744