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HomeMy WebLinkAboutOrd 6837 03/16/2026 To Operate A Tobacco Retail Establishment At The Property 1522 North Elmhurst Road Mount Prospect, IllinoisPrepared 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: PIN: 03-27-100-008-0000 Y'lllliVVIIIAYIVI�I�IIIIIIN 2608409009 Doc# 2608409009 Fee $88.00 ILRHSP FEE:$18.00 RPRF FEE=$1.00 Monica Gordon Cook County Clerk's Office Date: 3/25/2026 12:13 PM PAGE: 1 of 4 [Above space for Recorder's Office] COOK COUNTY, ILLINOIS RECORDING COVER SHEET FOR ORDINANCE NO.6837 AN ORDINANCE GRANTING A CONDITIONAL USE TO OPERATE A TOBACCO R:;TAIL ESTABLISHMENT AT THE PROPERTY 1522 NORTH ELMHURST ROAD MOUNT PROSPECT, ILLINOIS Address: 1522 N ELMHURST ROAD, MOUNT PROSPECT, IL 60056 Property Index Number: 03-27-100-008-0000 Legally Described As: LOT 3 IN OLD ORCHARD COUNTRY CLUB SUBDIVISION, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 27, AND PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. EXCEPT THAT PART DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 3; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 3, A DISTANCE OF 15 FEET; THENCE SOUTHEASTERLY TO A POINT ON THE EAST LINE OF SAID LOT 3 THAT IS 15 FEET SOUTH OF THE POINT OF BEGINNING; THENCE NORTH ALONG SAID EAST LINE 15 FEET TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS. 2005126_1 ORDINANCE NO. 6837 AN ORDINANCE GRANTING A CONDITIONAL USE TO OPERATE A TOBACCO RETAIL ESTABLISHMENT AT THE PROPERTY 1S22 NORTH ELMHURST ROAD MOUNT PROSPECT ILLINOIS WHEREAS, Mazmus LLC ("Petitioner"), is seeking a conditional use to operate a tobacco retail establishment for property located at 1522 North Elmhurst Road and legally described as: See attached EXHIBIT A PIN: 03-27-100-008-0000; and WHEREAS, the "Petitioner" seeks a Conditional Use to allow a tobacco retail establishment; and WHEREAS, a Public Hearing was held on the request for a Conditional Use being the subject of PZ-12-25 before the Planning and Zoning Commission of the Village of Mount Prospect on the 26th day of February 2026 pursuant to proper legal notice having been published in the QaaHral N�w�ppe on the 7th day of January 2026; 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 request meets the standards of the Village and that the granting of the Conditional Use to allow a tobacco retail establishment would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That the recitals set forth hereinabove are incorporated herein as findings of fact by the Mayor and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The Mayor and Board of Trustees of the Village of Mount Prospect do hereby grant a Conditional Use to operate a tobacco retail establishment for property located at 1522 North Elmhurst Rd, Mount Prospect subject to the following conditions: 1. Consumption of tobacco products on site is prohibited; 2. The business shall hold a valid Mount Prospect business license; 3. No lighting shall be used to illuminate window areas or the perimeter; 4. Exterior lighting shall be limited to standard building -mounted fixtures required for safety and shall not include decorative or promotional lighting (e.g. neon, colored LED strips); 5. No temporary or A -frame signs shall be displayed outside the premises; 6. No window signage shall be permitted, including promotional materials, product advertisements, or decals, except for a small sign on the front door displaying only the business name, hours of operation, and required legal postings (e.g. "Must be 21+"); 7. The sale of branded or novelty items (e.g. cartoon-themed items, smoking accessories marketed toward youth) is prohibited; 8. Compliance with all applicable development, fire, building, and other Village codes and regulations; 9. Compliance with all applicable local, state, and -federal laws regarding the sale and distribution of tobacco and related products; 10. A new conditional use approval shall be required for: a. A change of ownership involving 50% or more of the officers or partners; b. A change in legal entity; or c. A change in location; and 11. This conditional use may be revoked by the Village if substantiated complaints are received regarding non-compliance with these conditions or violations of law." 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: Dante, DiPrima, Gens, Grossi, Matuszak, Saccotelli NAYS: None ABSENT: None PASSED and APPROVED this 16 day of March, 2026 Paul Wm. Hoef rt, I"'��,���.r ISI " ATTEST: Karen M. Agorar6s, Village Clerk Village Clerk''�a���" EXHIBIT A Lot 3 in Old Orchard Country Club Subdivision, being a subdivision of part of the Northwest Quarter of Section 27, and part of the East Half of the Northeast Quarter of Section 28, Township 42 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois. Except that part described as follows: Beginning at the Northeast corner of said Lot 3; thence West along the North line of said Lot 3, a distance of 15 feet; thence Southeasterly to a point on the East line of said Lot 3 that is 15 feet South of the point of beginning; thence North along said East line 15 feet to the place of beginning, in Cook County, Illinois. Note: For informational purposes only, the land is known as: 1522 North Elmhurst Road Mount Prospect, IL 60056 Tax Identification No.: 03-27-100-008-0000 ORDINANCE NO. 6837 AN ORDINANCE GRANTING A CONDITIONAL USE TO OPERATE A TOBACCO RETAIL ESTABLISHMENT AT THE PROPERTY 1522 NORTH ELMHURST ROAD MOUNT' PROSPECT ILLINOIS WHEREAS, Mazmus LLC ("Petitioner"), is seeking a conditional use to operate a tobacco retail establishment for property located at 1522 North Elmhurst Road and legally described as: See attached EXHIBIT A PIN: 03-27-100-008-0000; and WHEREAS, the 'Petitioner" seeks a Conditional Use to allow a tobacco retail establishment; and WHEREAS, a Public Hearing was held on the request for a Conditional Use being the subject of PZ-12-25 before the Planning and Zoning Commission of the Village of Mount Prospect on the 26th day of February 2026 pursuant to proper legal notice having been published in the aim-HeraNd Newt a er on the 7th day of January 2026; 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 request meets the standards of the Village and that the granting of the Conditional Use to allow a tobacco retail establishment would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That the recitals set forth hereinabove are incorporated herein as findings of fact by the Mayor and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The Mayor and Board of Trustees of the Village of Mount Prospect do hereby grant a Conditional Use to operate a tobacco retail establishment for property located at 1522 North Elmhurst Rd, Mount Prospect subject to the following conditions: 1. Consumption of tobacco products on site is prohibited; 2. The business shall hold a valid Mount Prospect business license; 3. No lighting shall be used to illuminate window areas or the perimeter; 4. Exterior lighting shall be limited to standard building -mounted fixtures required for safety and shall not include decorative or promotional lighting (e.g. neon, colored LED strips); 5. No temporary or A -frame signs shall be displayed outside the premises; 6. No window signage shall be permitted, including promotional materials, product advertisements, or decals, except for a small sign on the front door displaying only the business name, hours of operation, and required legal postings (e.g. "Must be 21+"); 7. The sale of branded or novelty items (e.g. cartoon-themed items, smoking accessories marketed toward youth) is prohibited; 8. Compliance with all applicable development, fire, building, and other Village codes and regulations; 9. Compliance with all applicable local state, and_ federal laws regarding the sale and distribution of tobacco and related products; 10. A new conditional use approval shall be required for: a. A change of ownership involving 50% or more of the officers or partners; b. A change in legal entity; or c. A change in location; and 11. This conditional use may be revoked by the Village if substantiated complaints are received regarding non-compliance with these conditions or violations of law." 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: Dante, DiPrima, Gens, Grossi, Matuszak, Saccotelli NAYS: None ABSENT: None PASSED and APPROVED this 16 day of March, 2026 Paul Wm. Hoeff rt, M r$IAHJI� ONO ATTEST:n:�, Karen M. A oranros, Village Clerk g I Village Clerk EXHIBIT A Lot 3 in Old Orchard Country Club Subdivision, being a subdivision of part of the Northwest Quarter of Section 27, and part of the East Half of the Northeast Quarter of Section 28, Township 42 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois. Except that part described as follows: Beginning at the Northeast corner of said Lot 3; thence West along the North line of said Lot 3, a distance of 15 feet; thence Southeasterly to a point on the East line of said Lot 3 that is 15 feet South of the point of beginning; thence North along said East line 15 feet to the place of beginning, in Cook County, Illinois. Note: For informational purposes only, the land is known as: 1522 North Elmhurst Road Mount Prospect, IL 60056 Tax Identification No.: 03-27-100-008-0000