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HomeMy WebLinkAbout2582_001NEXT ORDINANCE NO. 2497 NEXT RESOLUTION NO. 8-74 0 R D E R 0 F Village Board Village of Mount Prospect 1. CALL TO ORDER 2. INVOCATION Trustee Link 3. ROLL CALL EXECT-7j'�ZIVE SESSION 7:30 M. Re Personnel B U S I N E S S Tuesday, 8:00 P. M. April 16, 197h alllLUING DE ? �?,T ME NT all MAYOR ROBERT D. TEICHERT TRUSTEE ANDERSON TRUSTEE LINK TRUSTEE GUSTUS TRUSTEE RICHARDSON TRUSTEE HENDRICKS TRUSTEE SCHOLTEN 4. APPROVAL OF MINUTES OF REGULAR MEETING APRIL 2, 1974 5. APPR6vAL OF BILLS (To be delivered separately Monday, April 15, 1974) APPROVAL OF FINANCIAL REPORT FOR MARCH, 1974 6, COMMUNICATIONS AND PETITIONS Michael H. Minton re Kenroy, Inc. Concerned Citizens of Northeast Mount Prospect petition to reconsider action to be taken on Case 72-10P (Brickman) Tom Helms - Flood plain map - flood plain insurance 7. MANAGER'S REPORT 1. Agreement with State on traffic signals - Euclid -Lake 2. Recommendation re 1974 sidewalk and curb bids 3. Status report - various Village project pro- jects and programs MAYOR'S REPOR-71 1. Presentations - ,Certificates of,114erit 2. Proclamati6n Firel;,Service Recognition Week, May 6 - 12, 1974 3. Resolution establishing the Mt. Prospect Bicentennial Comm. 4. Proclamation congratulating Hersey Basketball Team 5. Proclamation - Sanitarians Week April 21 - 27, 1974 A. BUILDING COMMITTEE 1. Second reading of an ordinance granting a front yard variation at the northwest corner of George and Evergreen (SEE EXHIBIT "At') 2. Case ZBA-11-V-74 Robert J. Novak - petition for variation of 10' to be built with a 20' setback from We -Go Trail B. FINANCE COMMITTEE 1. 1974-1975 proposed budget - as amended C., FIRE AND POLICE COMMITTEE D. JUDICIARY COMMITTEE E. PUBLIC HEALTH AND SAFETY COMMITTEE F. PUBLIC WORKS COMMITTEE 10. OTHER BUSINESS 1. Prairie Avenue Estates annexation - W. Lincoln and Prairie Avenue (SEE EXHIBIT "B") 2. Prairie Avenue Estates plat of subdivision 3. Annexation of property generally located at the southeast corner of Briarwood Drive and Algonquin Road - s.econd reading of ordinance (SEE EXHIBIT "C") 4. Rezoning of the above property from R -X to B-1 (Case ZBA-36-Z-73) - second reading of ordinance (SEE EXHIBIT "D11) 5. Second reading of ordinance granting certain varia!- tions for the above property (Case ZBA-37-V-73) (SEE EXHIBIT "E") 6. Second reading of ordinance granting a Special Uge for free-standing buildings on the above property (Case ZBA-41-SU-73) (SEE EXHIBIT 11F11) 7. Annexation of property at the westerlymost village limits north and south of Algonquin Road - second reading of ordinance (SEE EXHIBIT 11G11) 8. Second reading of ordinance rezoning portion of above property from R -X to R-4 (Case ZBA-14-Z-73) (SEE EXHIBIT 11H11) 9. Second reading of ordinance granting certain varia- tions for above property (Case ZBA-16-V-73) (SEE EXHIBIT IIIII) 10. Second reading of an ordinance granting a Special Use in the nature of a PUD for the above property (Case ZBA-15-SU-73) (SEE EXHIBIT Ifill) 11. Ordinance recognizing employee organizations 11. ITEMS TO BE REFERRED Opinion of Attorney Marlin Smith re a majority necessary to authorize signing of Agreed Orders 12. COMMITTEE ANNOUNCEMENTS aa 51 , rw wkk SERGEANT -AT -ARMS: Sgt. Gerald Glascock *RDINANCE NO. AN ORDINANCE GRANTING A FRONT YARD REQUIREMENT VARIATION FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF GEORGE AND EVERGREEN STREETS, MOUNT PROSPECT, ILLINOIS WHEREAS, the Zoning Board of Appeal's of the Village of Mount Prospect did meet on the 26th day of February , 19 74 , at the hour of 8: 00 p.m. , at the Mount Prospect Village Hall and did hear Case No. 10-V-- ,e Aeof the Village of Mount Prospect did hear thi's request r front yard variation to allow the peoner to construct a single family r *dence to within thirteen (1.3) feet of the property line adjacent to Evergreen Street esi M n the lot located at the northivest corner of George and Fvergreen Streets; 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. 10-V-74; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have reviewed the matter herein and have determined that the same is in the best 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 . COOK COUNTY, ILLINOIS: SECTION ONE.- That the property being the subject matter of Case No. 10-V-74, being legally described as follows: Lot 11 in Block 12 in Subdivision of part of Blocks 1, 3, 12, 14 and all of Blocks 2 and 13 in Bussevs Eastern Addition to Mount Prospect in the East Half of Section 12, Township 41 North, Rang 11, East of the Third Principal Meridian, in Cook County, Illinois] is currently zoned under the Zoning Ordinance of the Village of Mount Prospect as R-1 (Single Family Ressidence) , which zoning classification shall remain in effect subject to the variation granted herein: That the yard abutting the frontmost lot line of the subject proper adjacent to Evergreen Street be reduced to thirteen (13) feet. SECTION TWO: That all requirements of the Mount Prospect Building and Zoning Code shall be applicable except the variation 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 variation hereinbefore mentioned. SECTION FOUR: That the variation granted by this Ordinance shall be null an void and of no force and effect whatsoever unless an •application for a building permit pursuant to such variation is made and construction commenced within one (1) year of the date this said Ordinance becomes effective.*.... I 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. WAINI= WIMM PASSED and APPROVED this day of 1974. IVA 9*9161M Village Clerk M Village President ORDINANCE NO. AlIkORDINANCE ANNEXING PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF PRAIRIE AVENUE AND WEST LINCOLN. STREET WHEREAS. a written petition under oath signed by the owner 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 within 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; NOWTHEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY114LINOIS: SECTION ONE: That all land and territory legally described as follows: The South 270. 0 feet of the West 165. 30 feet of the East Half of the Southeast Quarter oft Southeast Quarter of the Northwest Quarter of Section 10, Township 41 North, Range 11, East oft Third Princi- pal Meridian, together with the out 37.50 feet of of 14 in Prairie Avenue Estates Subdivision recorded August 24, 1973, as Document No. 2712941, in Cook County, Illinois; an accurate map of which territory is attached hereto and hereby 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 I -A -S contained in SECTION ONE of Ordinance No. 2410, passed and approved March 20, 19 73 , be amended to reflect the extention of the corporate limits of the Village of Mount Prospect to include the property herein- above described and hereby annexed. SECTION THREE: That the Village Clerk of the Village of Mount Prospect is hereby directed to file in the Office of the Recorder of Deeds of Cook County, Illinois, a certified copy of this Ordinance, together with 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: NAYS: PASSED and APPROVED this day of 1974. .............. ATTEST: Vill,age President, Village Clerk ORDINANCE NO. AN ORDINANCE ANNEXING PROPERTY GENERALLY LOCATED TO THE "SOUTH OF ALGONQ IN ROAD , EAST OF BRIARWOOD DRIVE WHEREAS, a written petition under oath signed by the owner 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 within the said property to be annexed; anf, 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 follows: Lot 3 (except the West 33.0 feet thereof taken for Briarwood Drive, apo except that part falling in Algonquin Road) of Edward Busse's Division of part of the Southeast Quarter of Section 15 and the Northeast Quarter of Section 22, Township 41 North, Range 11 East of the Third Principal Meridian, as per plat recorded in the Recorder's Office of Cook County, Illinois, December 17, 1919, as Document Number 6696216, (except there- from that part thereof described as follows: Commencing at a point 33 feet East of the Southwest corner of said Lot 3, said point being on the East line of Briarwood Drive; thence North along the East line of Briarwood Drive a distance of 164.04 feet to the place of beginning of the herein described part of said Lot 3; thence East, at right angles to the East line of Briarwood Drive, a distance of 155.52 feet; thence North, at right angles to the last described line, a distance of 119.76 feet to the South- westerly line of Algonquin Road; thence Northwesterly, along the South- westerly line of Algonquin Road, a distance of 175.0 feet to the point of intersection with the East line of Briarwood Drive,, said point being 33.0 feet East of the West line of said Lot 3; thence South along the East line of Briarwood Drive, a distance of 200.0 feet to the place of beginning, together with the 33.0 feet taken for Briarwood Drive, which lies West of and adjoin- ing the aforesaid parcel of land and also all of Algonquin Road which lie's Northerly of and adjoining the Northerly line of the aforesaid parcel of land, in Cook County, Illinois. an accurate map of which territory is attached hereto and hereby made a part hereof by this reference be and the same is hereby annexed to the Village of Mount Prospect . Cook County, Illinois. L004 ISECTION TWOi : That Map 31-S contained n SECTION ONE of Ordinance .1.1 W No. 2410 passed and approved March 20, 1973, be amended to reflect the qxtention of the corporate limits of the Village of Mount Prospect to include the property hqre1n- above described and hereby annexed. SECTION THREE: That the Village Clerk of the Village of Mount Prospect is hereby directed to file in the Office of the Recorder of Deeds of Cook County, Illinois, a certified copy of this Ordinance, together with 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 JaW, C!'ASSED and APPROVED this day of 1974 Village President Village Clerk ORDINANCE NO. AN ORDINANCE AMENDING MAP 31-S OF THE ZONING ORDINANCE OF THE VILLAGE OF MOUNT PROSPECT­ ITHEREAS, the Zoning Board of Appeals of the Village of Mount Prospect did conduct a Public Hearing under Case No. 36-Z-73 '9 on October 4, 1973� on a request for a zoning classification change from R-1 (Single Family R dential District) to B-1 (Business- Shopping Center District) of certain property hereinafter described; and WHEREAS, a notice of the aforesaid Public Hearing was made and published in the manner provided by law; and WHEREAS, the Zoning Board of Appeals of the Village of Mount Prospect did recom- Lmen,d to the President and Board of TruStEtes of the Village of Mount Prospect the aipproval of this request under Case No. 36-Z-73; 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 following Ordinance regarding the subject pro- perty; NOW9 THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT., COOK COUNTYILLINOPJ- SECTION ONE: That Map 31-S of the Zoning Ordinance of the Village of Mount Prospect, as amended, be and is hereby further amended by reclassifying from R -X (Single Famli'ly Residential District) to B-1 (Business- Shopping Center District) the following described property: Lot 3 (except the West 33.0 feet thereof taken for Briarwood Drive, and except that part falling in Algonquin Road) of Edward Busse's Division of part of the Southeast Quarter of Section 15 and the Northeast Quarter of Section 22, Township 41 North, Range 11 East of the Third Principal Meridian, as per plat recorded in the Recorder's Office of Cook County, Illinois, December 17, 1919, as Document Number 6696216, (except there- from that part thereof described as follows: Commencing at a point 33 feet East of the Southwest corner of said Lot 3, said point being on the East line of Briarwood Drive; thence North along the East line of Briarwood Drive a distance of 164.04 feet to the place of beginning of the herein described part of said Lot 3; thence East, at right angles to the East line of Briarwood Drive, a distance of 155.52 feet; thence North, at right angles to the last described line, a distance of 119.76 feet to the South- westerly line of Algonquin Road; thence Northwesterly, along the South- westerly line of Algonquin Road, a distance of 175.9 feet to the point of intersection with the East line of Briarwood Drive, said point being 33.0 feet East of the West line of said Lot 3; thence South along the East line of Briarwood Drive, a distance of 200.0 feet to the place of beginning, together with the 33.0 feet taken for Briarwood Drive, which lies West of and adjoin- ing the aforesaid parcel of land and also all of Algonquin Road which lies Northerly of and adjoining the Northerly line of the aforesaid parcel of land, in Cook County, Illinois. IS"ECTION TWO,: That Map 31-S contained in SECTION ONE of Ordinance No. 2410, pa ss ed and, approved March 20,, 19731,, shall be deemed amended so as to conform wirf th the ieclassiation othe subject property herein contained in SECTION ONE above . SECTION THREE- 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 -. NAYS. - PASSED and APPROVED this day of 19741. Village Clerk so fus"I ORDINANCE NO. AN ORDINANCE GRANTING A SPECIAL USE FOR A FREE STANDING BUILDING TO A SHOPPING CENTER SOUTH OF ALGONQUIN ROAD EAST OF BRIARWOOD DRIVE WHEREAS, the Zoning Board of Appeals of the Village of Mount Prospect did meet on the 4th day of October, 1973, at the hour of 8: 00 p.m., at the Mount Prospect Village Hall and did hear Case No. 41 -SU -73, pursuant to proper legal notice; and '"THEREAS, the Zoning Board of Appeals of the Village of Mount Prospect did hear this request to erect a restaurant on the property described hereinunder; 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. 41 -SU -73; and WHEREAS, the President and Board of Trustees have entered into a Pre -Annexation Agreement for the annexation of the subject property via Resolution No. 29-73, passed and approved October 16, 1973; 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, COOK COUNTYILLINOIS.. SECTION ONE: That the property being the subject matter of Case No. 41-SUII!73, being legally described as follows. - is currently zoned under the Zoning Ordinance of the Village of Mount Prospect as B-1 (B usiness-S hopping Center District) , which zoning classification shall re- main in effect subject to the variations granted herein: (a) That the owner of the land described above shall have the right to construct a restaurant building in accordance with Exhibit A attached hereto and hereby made a part hereof and that such building shall be free-standing -- being in no way connected or joined to the existing main shopping center building thereon. (b) That the building design and layout shall be similar to those plans as shown upon Exhibit A hereto. (c) That the operation of the restaurant itself shall be classified as providing a retail service and shall be licensed as such upon payment of the proper fees provided for such businesses within Chapter 11 of the Municipal Code of Mount Prospect. (d) That no further expansion of the shopping,center buildings shall be allowed or permitted. SECTION TWO: That all requirements of the Mount Prospect Building and Zoning Code shall be applicable except the variations noted in SECTION ONE heretofore mentioned. SECTION THREE: That the Director of Building and Zoning of the Village of Mount Prospect is hereby 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 an v 'd and of no force and effect whatsoever unless an application for a building ol permit pursuant to such variations is made and construction commenced within one (1) year of the date this said Ordinance becomes effective. I SECTION FIVE: That this Ordinance shall be in full force and effect from and after its passage, ap I _proval, and publication in the manner provided by law. PASSED and APPROVED this dav of 1974. KNUHM Village Clerk Village President IWA ORDINANCE N0. AN ORDINANCE ANNEXING PROPERTY GENERALLY LOCATED NORT1111 AND SC 1.1 OF ALGONQUIN ROAD AT BRIARWOOD DRIVE WHEREAS, nd hereinafter described is both contiguous to the Village of Mount Prospect and wholly bounded on all sides by the Village of Mount Prospect and the Village of Arlington Heights-, and WHEREAS, the said territory is not presently within the boundaries of any munici- pality; and WHEREAS, the said property comprises less than sixty (60) acres-, and WHEREAS , the Illinois Revised Statutes, Chapter 24, Section 7-1-13 provides for the annexation of such territory by the Village upon passage of an Ordinance pur- suant thereto; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, find and believe it to be in the best interests of the Village of Mount Prospect 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 follows, to-w'to, said Section 15 (as measured along the East line of said Lot 2) to a point of intersection on the diagonal line with a line which is 582.0 feet West of and at right angles to the East line of said Lot 2; thence North along the line which is 582. 0 feet West of and at right angles to the East line of said Lot 2 to its intersection with a line which is 759.54 feet South of and parallel to the North line of said Lot 2; thence East along the line which is 759. 54 feet South of and parallel to the Nort ' h line of said Lot 2 to the East line of said Lot 2, also being the center line of Busse Road; thence North along the East line of said Lot 2 , also being the center line of Busse Road to the place of beginning in Cook County, Illinois. which territory is not presently within the boundaries of any municipality but is in the unincorporated territory of Cook County, is contiguous to the Village of Mount Pros- pect, is wholly surrounded by both the Village of Mount Prospect and the Village of Ar- lington Heights, and comprises 45. 619 acres and is, therefore, less than sixty (60) acres in size- , be and is hereby annexed to the Village of Mount Prospect so that hereafter said territory shall be included within the boundary lines and limits of the Village of Mount Prospect -- as is by law in such case made and provided. SECTION TWO: That Map 31-S contained in SECTION ONE of Ordinance No. 241 passed and approved March 20, 1973, !Mr amended to reflect the •extention of the corporate o limits f the Villae gof Mount Prospect to include the property herein- above described and hereby annexed. I SECTION THREE- That the Village Clerk of the Village of Mount Prospect 'I's hereby directed to le in the Office of the Recorder of Deeds of Cook County, Illinois, a certi- fied copy of this Ordinance, together with 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. PASSED and APPROVED this day of 1974. Village President Village Clerk ORDINANCE NO. AN ORDINANCE AMENDING MAP 31-S OF THE ZONING ORDINANCE OF THE VILLAGE OF MOUNT PROSPECT WHEREAS, the Zoning Board of Appeals of the Village of Mount Prospect did A Public Hearings under Case No. 14-Z- 73, on July 26 � 197 3 . and on August 9, 1973, on a request for a zoning classification change from R-1 (Single Family Residential District) to R-4 (Residential Development District) of certain property hereinafter described; and WHEREAS, a notice of the aforesaid Public Hearings was made and published in the manner provided by law; 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 followinOrdinance reding the subject pro Mw gar - perty; I Wl� Ilya IN 4013 Vol OM 0-03 a 6 weau'a sing sm -worm 0:0 1 a U 10mam mum wain so ows-n-va PX*J SECTION ONE: That Map 31-S of the Zoning Ordinance of the Village of Mount Prospect, as amended, be and is hereby further amended by reclassifying from R -X (Single Family Residential District) to R-4 (Residential Development District) the followindescribed prope grty: The East 205. 10 feet of the West 434. 20 feet (measured along a line parallel with the North line) of Lot 2 (except the North 703.70 feet thereof,, and except that part taken for Algonquin Road) in Edward Busse's division of part of the Southeast Quarter of Section 15 and the Northeast Quarter of Section 22, Township 41 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois SECTION TWO: That Map 31-S contained in SECTION ONE of Ordinance No. 241'1 passed and approved March 20, 1973, shall be deemed amended so as to conform with the re clas sift cation of the subject property herein contained 'in SECTION ON above. SECTION THREE: That this Ordinance shall be in full force and effect from an after its passage, approval, and publication in the manner provided by law, I Ufflu PUTIU-3 PASSED and APPROVED thi's day of 1974, FAIW�i ur� Village Clerk Village President N ORDINANCE NO. AN ORDINANCE GRANTING VARIATIONS FOR PROPERTY GENERALLY LOCATED AT 60 2- 6 10 ALGONQUIN ROAD MOUNT PROSPECT, ILLINOIS WHEREAS, the Zoning Board of Appeals of the Village of Mount Prospect did meet on the 26th day of July, 1973, and the 9th day of August, 1973, at the hour of 8: 00 p.m.'v at the Mount Prospect Village Hall and did hear Case No. 16-V- 73 , pursuant to proper legal notice; and WHEREAS, the Zoning Board of Appeals of the Village of Mount Prospect did hear this request for variations from the Zoning Ordinance requirements of density, floor area ratio, side yard, minimum floor area, and parking with respect to property here- tofore granted a special use in the nature of a Planned Unit Development; 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; IWO"* 67511111 mewl SECTION 0 ' NE: That the property being the subject matter of Case No. 16-V-73, being legally described as follows: The East 205. 10 feet of the West 434.20 feet (measured along a lin parallel with the North line) of Lot 2 (except the North 703. 70 feet thereof, and except that part taken for Algonquin Road) in Edwar Busse's division of part of the Southeast Quarter of Section 15 an the Northeast Quarter of Section 22 . Township 41 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois , I is currently zoned under the Zoning Ordinance of the Village of Mount Prospect PUD , which zoning classcation shall remain in effect subject to the varia- tions granted herein: "a) That the developer, ALGONQUIN JOINT VENTURES., be allowed a variation in density to construct a maximum of ninety-six (96 I dwelling units in five (5) buildings pursuant to th Site Plan attached as Exhibit A to Ordinance No. grantin Ar a special use in the nature of a Planned Unit Development; (b) That the side yard requirement of twenty-seven feet five inches (27'5") be reduced to thirteen feet (131); (c) That the maximum floor area be reduced from six hundred (f 00) square feet to four hundred ninety-five (495) square feet; (d) That parking stalls be reduced in size from ten feet by twenty feet (101x201) to eight feet by nineteen feet (81x19l). SECTION TWO: That all requirements of the Mount Prospect Building and Zoning Code shall be applicable except the variations noted in SECTION ONE heretofore mentioned. SECTION THREE: That since construction and improvement of the sublect property h i, i "a" 's, i, - b - 'ce, ' ' n—c' —o m-"-p"'-1e—ted at the time of the passage of this Ordinance, this Ordinance shall be in full force and effect from and after its passage , approval, and publication in the manner provided by law and the recording in the Office of the Cook County Recorder of Deeds of this Ordinance and the Plat of Subdivision attached hereto and hereby made a part hereof as Exhibit A. PASSED and APPROVED this —.day of .9 1974. Village Clerk M Village President ORDINANCE NO. AN ORDINANCE GRANTING A SPECIAL USE PERMIT IN THE NATURE OF A PLANNED UNIT DEVELOPMENT WHEREAS, the Zoning Board of Appeals of the Village of Mount Prospect did heretofore conduct a public hearing under C ase No. 15- SU- 73 on July 26 9 19 73 , 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 July 9, 1973, 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 adoption of the petitioner's request under Case No. 15 -SU -73 regarding the sub- ject 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 a special use permit be and is hereby granted to allow Parkway Bank and Trust Company, as Trustee under Trust No. 1131, or its assigns, to con- struct a Planned Unit Development upon the following described property: The East 205.10 feet of the West 434.20 feet (measured along a line parallel with the North line) of Lot 2 (except the North 703.70 feet thereof, and except that part taken for Algonquin Road) in Edward Busse's division of part of the Southeast Quarter of Section 15 and the Northeast Quarter of Section 22, Township 41 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois . SECTION TWO,: That the Planned Unit Development hereinabove authorized and per- . .. ... . ... mitted shall be constructed pursuant to the terms set forth upon the Site Plan attached hereto and hereby made a part hereof as Exhibit A. SECTION THREE: That no additional construction or development beyond that shown upon the said Exhibit A (Site Plan) shall be permitted , authorized , or allowed. SE,.CTION ',FOUR: That this Ordinance together with all its exhibits and plans shall be recorded in the Office of the Recorder of Deeds of Cook County, Illinois, upon comple- tion of the Planned Unit Development herein; and the Restrictive Covenants contained on Exhibit B hereto shall be recorded upon the execution thereof and the passage and approval of this Ordinance. 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 and the recording of Exhibits A and B attached hereto; which Exhibit B shall guarantee among other things: (1) the development of the subject property in accordance with the Planned Unit Develop- ment herein; (2) the continued maintenance and protection of all public open space and common open space within said Planned Unit Development; (3) the right of the Village of Mount Prospect to enforce said Covenants by any appropriate action in law or in equity-, and (4) that the Owner shall ® common ownership or control extending to all portions of the Planned Unit Development for a period of not less than eighteen (18) months following its completion and which shall extend to all common open space, landscaping. exterior maintenance, and all other exterior aspects of the development for a period of not less than twenty (20) years; which Covenants shall run to and be for the benefit of the ,®- of Mount Prospect. FIVATI-0 PASSED and APPROVED this day of 9 1974. ATTEST: Village Clerk Village President M ALGONQUIN JOINT VENTURE v By RICHARD FANSLOW , in accordance with the provisions of Article XXV of the Zoning Ordinance of the Village of Mount Prospect providing for the creation of Planned Unit Developments and the regulation of the same, does hereby covenant with the VILLAGE OF MOUNT PROSPECT, a municipal corporation of the County of Cook and State of Illinois, as follows. - 1. ALGONQUIN JOINT VENTURES I By RICHARD FANSLOW will maintaii control of the Planned Unit Development proposed on the property described as The East 205. 10 feet of the West 434. 20 feet (measured along a line r(except the North 703. 70 feet �,arallel with the North line) of Lot 2 thereof , and except that part taken for Algonquin Road) in Edward Busse's division of part of the Southeast Quarter of Section 15 and the Northeast Quarter of Section 22 , Township 41 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois , to guarantee development substantially in accordance with the Planned Unit Development Ordinance No. approved by the President and Board of Trustees of the Village of Mount Prospect on 1, for a period of eighteen (18) months following completion of said Planned Unit Development. 1!11111 1 1 1 1 11 covenant that for a period of twenty (20) years from the date of commencement of construction of said Planned Unit Development that it will, by contract(s) , provide for adequate maintenance of all building exteriors, parking areas, and other, paved areas, and of all open space located within said Planned Unit Development, which open space is defined as all of the land upon completion of construction of the said Planned Unit Development, less residential buildings, commercial buildings, parking areas and other paved areas. t. That as final occupancy by residents occur as to each stage of develop - Open Space Easement to be delivered to the Village of Mount Prospect for recordationj which, by 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 the 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, 5. 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 conditions and restrictions herein and therein expressed. 6. By acceptance of these Restrictive Covenants, the Village of Mount Prospect acknowledges that its Ordinances relating to Restrictive Covenant7s has been fully complied witil the parties hereto, or any of them, or their heirs or assigns shall violate or attempt to violate any of the covenants herein, lot shall be lawful for the other parties hereto, including the Village of Mount Prospect, to prosecute any proceedings 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. M . These covenants shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. WHEREFORE, the parties hereto have hereunto set their hands and seals this — ,ay of , 1974. ATTEST: By: Richard Fanslow VILLAGEPROSPECT, Illinoiscorporation of the County of Cook and State of By .AT'T'EST: Village President Village Clerk ORDINANCE NO. W411 ff "WO .41 M iffiliva"i i�� No 11 WHEREAS, the Zoning Board of Appeals of the Village of Mount Prospect d14 meet on the 4th day of October, 1973 , at the hour of 8: 00 p.m. , at the Mount Prospect Village Hall and did hear Case No. 37-V-73, pursuant to proper legal notice; and WHEREAS, the Zoning Board of Appeals of the Village of Mount Prospect did hea this request variations for lot size and parking; and i 'IYHEREAS, 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. 37-V-73; and WHEREAS, the President and Board of Trustees have entered into a Pre -Annexation Agreement for the annexation of the subject property via Resolution No. 29-73, passed and approved October 16, 1973; 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 befit 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, COOK COUNTY, ILLINOIS: SECTION E. That the property being the subject matter of Case No. 37-V-73, being legally described as follows: Lot 3 (except the West 33. 0 feet thereof taken for Briarwood Drive, and except that part falling • in Algonquin Road) of Edward Busse•" 's Divon of part of the Southeast Quarter of Section 15 and the Northeast Quarter of Section 22, Township 41 North, Range 11 East of the Third Principal Meridian, as per plat recorded in the Recorder's Office of Cook County, Illinois, December 17, 1919, as Document Number 6696216, (except there- from that part thereof described as follows: Commencing at a point 33 fpet East of the Southwest corner of said Lot 3, said point being on the East' line of Briarwood Drive; thence North along the East line of Briarwood Drive a distance of 164. 04 feet to the place of beginning of the herein described part of said Lot 3; thence East, at right angles to the East line of Briarwood Drive, a distance of 155.52 feet; thence North, at right angles to the last described line, a distance of 119.76 feet to the South- westerly line of Algonquin Road; thence Northwesterly, along the South- westerly line of Algonquin Road, a distance of 175. 0 feet to the point of intersection with the East line of Briarwood Drive, said point being 33.0 feet East of the West line of said Lot 3; thence South along the East line of B riarwood Drive, a distance of 200. 0 feet to the place of beginning, together w ith the' 33. 0 feet taken for B riarwood Drive, which lies We• st of and adj oi n- ing the aforesaid parcel of land and also all of Algonquin Road which lies Northerly of and adjoining the Northerly line of the aforesaid parcel of land, in Cook County, Illinois. I is currently zoned under the Zoning Ordinance of the Village of Mount Prospect as B-1 (Business- Shopping Center) District, which zoning classification •shall remain in effect subject to the variation granted herein: 0 To allow a shopping center containing a total aggregate floor area of 24,600 square feet to be established and constructed with an adjoining paved off-street parking area to provide for one hundred forty-seven (147) 101x201 car stalls plus one (1) 101x501 loading zone, which shall be located on one lot of not less than 1. 9 acres in area rather than to require for said shopping center an adjoining paved off-street parking area containing four square feet for each one square foot of floor area in the said shopping cen- ter and to locate same on a lot not less than two and one-half (21) acres as 2 provided by the Zoning Ordinance of the Village of Mount Prospect. SECTION TWO,: That all requirements of the Mount Prospect Building and Zoning Code shall be applicable except the variations noted in SECTION ONE heretofore mentio7ted. 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. 3 SECTION FIVE: That this Ordinance shall be in full force and effect from and I after its passage, approval, and publication in the manner provided by law. AYES 1�'ASSED and APPROVED this day of 1974. 1123A= �N! .. ...... Village President we