HomeMy WebLinkAboutOrd 6614 03/01/2022 Amending Ordinance No. 5872 granting a conditional use permit for property located at 950 N. Elmhurst Road, Mount Prospect, IllinoisORDINANCE NO. 6614
AN ORDINANCE AMENDING ORDINANCE NO. 5872 GRANTING A CONDITIONAL USE PERMIT
FOR PROPERTY LOCATED AT
950 N. ELMHURST ROAD MOUNT PROSPECTS ILLINOIS
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect, Illinois did adopt Ordinance No.
5872 entitled "AN ORDINANCE GRANTING A CONDITIONAL USE (DRIVE-THROUGH LANES) AND VARIATIONS
(PARKING LOT SETBACK AND FOUNDATION LANDSCAPING) FOR PROPERTY LOCATED AT 950 N. ELMHURST ROAD,
MOUNT PROSPECT, ILLINOIS", to operate a drive-through restaurant and certain variations for the property
located at 950 N. Elmhurst Road at their regular meeting held August 16, 2011; and
WHEREAS, the Petitioner, Frank Gawdun of Escencia Architecture, has requested to amend the existing
conditional use, Ordinance No. 5872, to construct one (1) freestanding canopy over the drive-through lanes
measuring nine feet and six inches in height (9'6") and one thousand three hundred thirty-four ( 1,334) square
feet and one (1) canopy attached to the principle building, measuring nine feet and six inches in clearance height
(9' 6") with a total area of five hundred eleven (511) square feet; and
WHEREAS, a Public Hearing was held on the request to amend Ordinance No. 5872 and being the subject of PZ 23-
21 before the Planning and Zoning Commission of the Village of Mount Prospect on the 10th day of February, 2022,
pursuant to proper legal notice having been published on in the Dilald Newspaper on January 26, 2022; and
WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the Mayor
and Board of Trustees in support of the request being the subject of PZ 23-21; and
WHEREAS, the Mayor 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 granting an amendment
to Ordinance No. 5872 allowing construction of two (2) canopies over the existing drive-through lanes for property
located at 950 N. Elmhurst Road would be in the best interest of the Village.
NOW, THEREFORE, 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 POWERS:
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.
SECTION TWO: Ordinance No. 5872 is hereby amended to allow for the construction of one freestanding canopy
and one canopy attached to the principal building as illustrated on the site plans prepared Esencia Architecture
dated November 15, 2021, by subject to the following conditions:
1. "A photometric plan signed and sealed by a professional engineer shall be submitted during the building
permit review; and
2. A landscape plan detailing the addition and/or removal of trees and shrubs in the areas of canopy
construction; and
3. Compliance with all applicable Village Code requirements, including, but not limited to, fire code, lighting
regulations, landscaping regulations, sign code regulations and building regulations."
SECTION THREE: 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: Filippone, Gens, Matuszak, Pissarreck, Saccotelli, Roegers
NAYS: None
ABSENT: None
PASSED and APPROVED this 1st day of March, 2022
ATTEST:
Karen M. Agoranos, illage Clerk
pg. 2 of 2 ord 6514
Ma.1 40 aAj
Prepared by:
Klein Thorpe and Jenkins,
Ltd.
20 North Wacker Drive
Suite 1660
Chicago, Illinois 60606
(2881-062)
Prepared on behalf of:
Village of Mount Prospect
PINs:
03-27-307-024-0000
Wall f'IIV'Iq,INI YI'Mlllmllf�i�
KAREN A. YARBROUGH
COOK, COUNTY CLERK
DATE: 03!2212022 03:22 Pt'{ PC. 1 OF 7
[Above space for Recorder's Office]
COOK COUNTY, ILLINOIS
RECORDING COVER SHEET
ORDINANCE NO. 6614
Ordinance No 6614, An Ordinance Amending Ordinance No. 5872 Granting A Conditional
Use Permit for Property located at 950 N. Elmhurst Road, Mount Prospect, IL
LEGAL DESCRIPTION:
PARCEL 1 - LOT 1 IN RAND-ELMHURST SUBDIVISION, BEING A SUBDIVISION OF
PART OF THE EAST '/2 OF THE SOUTHWEST '/4 OF SECTION 27, TOWNSHIP 42
NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE VILLAGE
OF MT. PROSPECT, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER
18, 1968 AS DOCUMENT 20707569, IN COOK COUNTY, ILLINOIS.
PARCEL 2 — EASEMENT FOR DRIVEWAY PURPOSE, INGRESS AND EGRESS AND
UNDERGROUND UTILITIES FOR THE BENEFIT OF PARCEL 1 AFORESAID, AS
CREATED BY THE DEED FROM F.C. BREHM, AS TRUSTEE UNDER TRUST
AGREEMENT DATED OCTOBER 1, 1958 AND KNOWN AS TRUST NUMBER 580 TO
THE FIRESTONE TIRE & RUBBER COMPANY, A CORPORATION OF OHIO, DATED
NOVEMBER 16, 1964 AND RECORDED JANUARY 18, 1965 AS DOCUMENT NO.
19358929 AND AS AMENDED BY AMENDMENT AND GRANT OF EASEMENT
AGREEMENT RECORDED OCTOBER 15, 1982 AS DOCUMENT 26382438.
COOK COUNTY ASSIGNED ADDRESS: 950 N. Elmhurst Road, Mount Prospect, IL
PIN: 03-27-307-024-0000
After recording return to:
Recorder's Box 324
517821._.1
ORDINANCE NO. 6614
AN ORDINANCE AMENDING ORDINANCE NO. 5872 GRANTING A CONDITIONAL USE PERMIT
FOR PROPERTY LOCATED AT
950 N. ELMHURST ROAD MOUNT PROSPECT ILLINOIS
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect, Illinois did adopt Ordinance No.
5872 entitled "AN ORDINANCE GRANTING A CONDITIONAL USE (DRIVE-THROUGH LANES) AND VARIATIONS
(PARKING LOT SETBACK AND FOUNDATION LANDSCAPING) FOR PROPERTY LOCATED AT 950 N. ELMHURST ROAD,
MOUNT PROSPECT, ILLINOIS", to operate a drive-through restaurant and certain variations for the property
located at 950 N. Elmhurst Road at their regular meeting held August 16, 2011; and
WHEREAS, the Petitioner, Frank Gawdun of Escencia Architecture, has requested to amend the existing
conditional use, Ordinance No. 5872, to construct one (1) freestanding canopy over the drive-through lanes
measuring nine feet and six inches in height (9'6") and one thousand three hundred thirty-four ( 1,334) square
feet and one (1) canopy attached to the principle building, measuring nine feet and six inches in clearance height
(9' 6") with a total area of five hundred eleven (511) square feet; and
WHEREAS, a Public Hearing was held on the request to amend Ordinance No. 5872 and being the subject of PZ 23-
21 before the Planning and Zoning Commission of the Village of Mount Prospect on the 10th day of February, 2022,
pursuant to proper legal notice having been published on in the 2i1+1!erald Newsa er on January 26, 2022; and
WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the Mayor
and Board of Trustees in support of the request being the subject of PZ 23-21; and
WHEREAS, the Mayor 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 granting an amendment
to Ordinance No. 5872 allowing construction of two (2) canopies over the existing drive-through lanes for property
located at 950 N. Elmhurst Road would be in the best interest of the Village.
NOW, THEREFORE, 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 POWERS:
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.
SECTION TWO: Ordinance No. 5872 is hereby amended to allow for the construction of one freestanding canopy
and one canopy attached to the principal building as illustrated on the site plans prepared Esencia Architecture
dated November 15, 2021, by subject to the following conditions:
1. "A photometric plan signed and sealed by a professional engineer shall be submitted during the building
permit review; and
2. A landscape plan detailing the addition and/or removal of trees and shrubs in the areas of canopy
construction; and
3. Compliance with all applicable Village Code requirements, including, but not limited to, fire code, lighting
regulations, landscaping regulations, sign code regulations and building regulations."
SECTION THREE: 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: Filippone, Gens, Matuszak, Pissarreck, Saccotelli, Roegers
NAYS: None
ABSENT: None
PASSED and APPROVED this 1st day of March, 2022
ATTEST:
Karen M. �rano,,l age Clerk
pg. 2 of 2 ord 6514
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'KAREN P. YAkHROUfN
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