HomeMy WebLinkAboutOrd 5692 05/20/2008
ORDINANCE NO. 5692
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT
AND VARIATIONS FOR PROPERTY LOCATED AT
309-317 WEST PROSPECT AVENUE, MOUNT PROSPECT, ILLINOIS
Passed and approved by
the President and Board of Trustees
the 20th day of May, 2008
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois,
the 21st day of May, 2008
ORDINANCE NO. 5692
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND VARIATIONS
FOR PROPERTY LOCATED AT 309-317 WEST PROSPECT AVENUE,
MOUNT PROSPECT, ILLINOIS
WHEREAS, Paul Swanson Associates ("Petitioner"), has filed a petition for a Conditional Use permit
to allow dwelling units on the ground floor of a three unit rowhome development and Variations with
respect to property located at 309-317 West Prospect Avenue ("Property") and legally described on
the attached Exhibit "A"; and
Property Index Numbers: 08-11-205-010,08-11-205-011,08-11-205-012; and
WHEREAS, the Petitioner seeks a Conditional Use permit to construct a three (3) unit rowhome with
dwelling units on the ground floor; and
WHEREAS, the Petitioner seeks Variations to allow the following setbacks and building height: 13'
front yard (Prospect Avenue), a 25' rear yard setback (Busse Avenue) and 31.25 building height
(midpoint) as shown on the Petitioner's site plan and elevations dated November 8,2007.
WHEREAS, a Public Hearing was held on the request for a Conditional Use permit and Variations
being the subject of Case No. 38-07 before the Planning and Zoning Commission of the Village of
Mount Prospect on the 2ih day of March, 2008, pursuant to proper legal notice having been
published in the Mount Prospect Journal & Topics on the 10th day of October, 2007; and
WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendation
to the President and Board of Trustees of the Village of Mount Prospect in support of the request
being the subject of PZ-38-07; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given
consideration to the requests herein and have determined that the requests meet the standards of
the Village and that the granting of the proposed Conditional Use permit to allow construction of a
three (3) unit rowhome with dwelling units on the ground floor and Variations 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 as findings of fact by the
President and Board of Trustees of the Village of Mount Prospect.
SECTION TWO: Approval of the Conditional Use permit is subject to compliance with the following
conditions:
A. Consolidation of the three separate lots as shown on Exhibit "A"
B. Right-of-way squared off at the intersection of Busse Avenue and Elmhurst Avenue.
Removal of curved sidewalk and new sidewalk installed along Busse Avenue to the
corner;
Page 2/2
PZ-31-06
Page 2/2
PZ-38-07, 309-317 West Prospect Avenue
C. Development of the site in general conformance with the site plan and landscape plan
prepared by Paul Swanson Associates, dated November 8, 2007;
D. Development of the units in general conformance with the floor plans prepared by Paul
Swanson Associates, dated November 8, 2007 but revised so the east elevation
includes architectural interest;
E. Prior to obtaining the Certificate of Occupancy, the Petitioner must submit homeowner's
association documents for staff to review and approve that include text stating on-street
over night parking is prohibited;
F. The Petitioner shall construct all units according to all Village Codes and regulations,
including, but not limited to: the installation of automatic fire sprinklers.
SECTION THREE: The President and Board of Trustees of the Village of Mount Prospect do
hereby grant approval of a Conditional Use permit and Variations as provided in Section 14.203.F.7
and Section 14.203.C.7 of the Village Code, for a three (3) unit rowhome development with
dwellings on the ground floor, all as shown on the Site Plan dated November 8, 2007 a copy of
which is attached and made a part this ordinance.
SECTION FOUR: The Village Clerk is hereby authorized and directed to record a certified copy of
this Ordinance with the Recorder of Deeds of Cook County.
SECTION 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:
Corcoran, Hoefert, Juracek, Korn, Lohrstorfer, Zadel
NAYS:
None
ABSENT:
None
PASSED AND APPROVED this 20th day of May 2008.
--5fjol'/2vA-- I{ ~,/h
I~a K. Wilks
Mayor
ATTEST:
V)~~Q~
M. Lisa Angell . ,j
Village Clerk
H :\C LKO\W IN\OR 01 NANCE\C us EV AR -309westprospectpz38-07may2008 .doc
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