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Home My WebLink AboutOrd 6826 01/06/2026 Reduced Rear Yard Setback For Accessory Structures 17 S MaplePrepared by: John A. Wall Klein Thorpe & Jenkins, Ltd. 120 S. LaSalle St. Suite 1710 Chicago, Illinois 60602 Mail to: Klein Thorpe & Jenkins, Ltd. 120 S. LaSalle St. Suite 1710 Chicago, Illinois 60602 Recorded on behalf of: Village of Mount Prospect Record against: PINS: 08-12-105-009-0000 III 8 2G016G 00c# 260,60goos fee seem ILRW FEE I t6.G0 RPRF FEE',SI.00 Monica GordonlerR".a ()Ffice Data; 1d16/20R6 1, a00 PM PAGE w 1 of 7 [Above space for Recorder's Office] COOK COUNTY, ILLINOIS RECORDING COVER SHEET FOR ORDINANCE NO.6826 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A REDUCED REAR YARD SETBACK FOR ACCESSORY STRUCTURES, AND VARIATIONS FROM THE LOT COVERAGE REQUIREMENT AND THE ACCESSORY STRUCTURE SIZE, HEIGHT AND LOCATION REQUIREMENTS FOR PROPERTY LOCATED AT 17 SOU°rn MAPLE STREET MOUNT PROSPECT ILLINOIS PINs:08-12-105-009-0000 Addresses: 17 South Maple Street, Mount Prospect, IL 60056 Legal Description: LOT 9 IN BLOCK 6 IN BUSSE AND WILLE'S RESUBDIVISION IN MOUNT PROSPECT, IN THE WEST 1/2 OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. 20051261 ORDINANCE NO.6826 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A REDUCED REAR YARD SETBACK FOR ACCESSORY STRUCTURES, AND VARIATIONS FROM THE LOT COVERAGE REQUIREMENT AND THE ACCESSORY STRUCTURE SIZE, HEIGHT AND LOCATION REQUIREMENTS FOR PROPERTY LOCATED AT ....mSOUT! .. 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RF:,.ET,..M1 -UNI F ; I.ECT Il I 01 WHEREAS, Mitch Kenoe ("Petitioner"), filed an application for a conditional use to reduce the rear yard setback for accessory structures, and variations from the lot coverage requirement and the accessory structure size, height, and location requirements, for the construction of an art/play studio including a porch/patio addition, for the property located at 17 South Maple Street ("Subject Property") in the Village of Mount Prospect, Illinois and legally described as follows: LOT 9IN BLOCK 6IN BUSSE AND WILLE'S RESUBDIVISION IN MOUNT PROSPECT, IN THE WEST '/2 OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PROPERTY INDEX NUMBER: 08-12-105-009-0000; and WHEREAS, the Petitioner seeks relief from the Village of Mount Prospect's zoning regulations in order to convert an existing accessory structure on his residential property into an art/play studio using a grant from the Make -A -Wish foundation; and WHEREAS, the Petitioner seeks a conditional use permit to reduce the rear yard setback for accessory structures from three feet (3'-0") to zero feet two inches (0'- 2") forthe construction of the art/play studio including a porch/patio addition; and WHEREAS, the Petitioner seeks a variation from Section 14.306(A)(3)(a) to permit an increase of the maximum height requirement of an accessory structure in a residential district from ten feet (10'-0") to approximately ten feet eight inches (10.67'); and WHEREAS, the Petitioner seeks a variation from Section 14.306(B)(1)(b) to permit an increase to the maximum size requirement of an accessory structure from one hundred fifty-seven square feet (157 SF) to three hundred twenty-three square feet (323 SF); and WHEREAS, the Petitioner seeks a variation from Section 14.306(B)(2)(c) to permit an accessory structure to be constructed within an easement; and WHEREAS, the Petitioner seeks a variation from Section 14.1005(C)(1) to permit an increase to the maximum lot coverage requirement from fifty percent (50%) to fifty-six and two -tenths percent (56.2%); and WHEREAS, a public hearing was held on the conditional use and variation requests, being the subject of PZ-26-25 before the Planning and Zoning Commission of the Village of Mount Prospect on the 13th day of November, 2025, pursuant to proper legal notice having been published in the Daly Ha lid lRwsM, r on the 29th day of October, 2025; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations of approval, with specific conditions, to the President and Board of Trustees in support of the requests being the subject of PZ-26-25; 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 same meets the standards of the Village and that the granting of the proposed conditional use permit and variations would be in the best interest of the Village; and WHEREAS, by granting the Petitioner's requested conditional use permit and zoning variations, the Village of Mount Prospect will comply with Title II of the Americans with Disabilities Act by making reasonable modifications or accommodations to its policies, practices, and regulations when such modifications are needed to allow individuals with disabilities to use and enjoy their residences. 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: STI+wl QK:; That 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. SVOTION The President and Board of Trustees of the Village of Mount Prospect do hereby approve a conditional use permit to reduce the rear yard setback for accessory structures from three feet (3'-0") to zero feet two inches (0'- 2") for the construction of an art/play studio including a porch/patio addition; a variation from Section 14.306(A)(3)(a) to permit an increase to the maximum height requirement of an accessory structure in a residential district from ten feet (10'-0") to ten feet eight inches (10.67'); a variation from Section 14.306(B)(1)(b) to permit an increase to the maximum size requirement of an accessory structure from one hundred fifty-seven square feet (157 SF) to three hundred twenty-three square feet (323 SF); and a variation from Section 14.1005(C)(1) to permit an increase to the maximum lot coverage requirement from fifty percent (50%) to fifty-six and two -tenths percent (56.2%), for the property located at 17 South Maple Street, Case No. PZ-26-25, subject to the following conditions: 1. The improvements shall be in strict conformance with the plat of survey/site plan, a copy of which is attached hereto and made a part hereof as Exhibit "A." 2. Prior to the issuance of a building permit, a French drain, or other acceptable means of providing the required storage/infiltration for the area exceeding allowable lot coverage, shall be provided to the satisfaction of the Village Engineer. 3. The conditional use for the reduced rear yard setback for accessory structures shall apply to the art/play studio including the porch/patio addition only and shall not apply to any other principal or accessory structure. 4. The art/play studio including the porch/patio addition shall be used only for personal, non-commercial purposes consistent with the Make - A -Wish Foundation request and satisfy Village Home Occupation regulations. 5. If the art studio/shed is damaged or destroyed by more than fifty percent (50%) of its replacement cost at the time of damage, it may not be rebuilt or restored unless it complies with the yard requirements of the applicable zoning district. If the porch is damaged or destroyed by more than fifty percent (50%) of its replacement cost at the time of damage, it may be replaced in its existing location, provided that the art studio / shed itself is not damaged or destroyed by more than fifty percent (50%) of its replacement cost at the time of damage. If both the art studio / shed and the porch are damaged or destroyed by more than fifty percent (50%) of their replacement cost at the time of damage, both structures must be rebuilt in compliance with the yard requirements of the applicable zoning district. If either structure is damaged by fifty percent (50%) or less of its replacement cost at the time of damage, it may be repaired or reconstructed, provided the repair or reconstruction begins within one year of the date of damage and is completed with reasonable diligence. All work must comply with current building codes. 6. The Petitioner shall obtain written approval from all applicable utility providers authorizing the art/play studio including the porch/patio addition to remain in its proposed location and shall comply with any conditions or requirements imposed by the utility companies. 5 1I+O T REFS. Except for the conditional use and variations granted herein, all other applicable Village of Mount Prospect, Illinois ordinances and regulations shall remain in full force and effect as to the Subject Property. SECT ON._E-0 Iz The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance and Exhibit "A" with the Recorder of Deeds of Cook County. $f DTI ,N E'I' E. 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: Dante, DiPrima, Grossi, Saccotelli NAYS: None ABSENT: Gens, Matuszak PASSED and APPROVED this 6th day of January, 2026. Paul Wm. HoefE/rt, Ma ¢r ATTEST: ^�1 • ,ems.-,-..,..'"" Karen M. Agoranos, Village Clerk EXHIBIT PLAT OF SURVEY LL Ld 0 lo,�7 fO 1' 3 4�— z 0 0 a. ZA c';2