HomeMy WebLinkAboutOrd 592 01/07/1958
ORDINANCE NO. ~~~
AN ORDINANCE GRANTING A VARIATION FROM THE
VILLAGE OF MOU~~ PROSPECT ZONING ORDINANCE
AS AMENDED
VlliEREAS, a Notice of Public Hearing with respect
to the question of granting a variation from the Village
of Mount Prospect Zoning Ordinance as amended from the
minimum rear yard requirement as set forth in Section 15
of the said Zoning Ordinance on the property hereinafter
legally described as follows:
Lots 5, 6, 7, 8, 9 and 10 in Block 22
in Prospect Manor, being a Subdivision
of part of the South three quarters of
the West half (1/2) of the West half
(1/2) of Section 34, Township 42 North,
Range 11, East of the Third Principal
Meridian as per plat thereof recorded
March 6, 1926 as Document No. 9199191
was duly published in the Mount Prospect Herald, a newspaper
of general circulation in the Village of Mount Prospect; and
vlliEREAS, a Public Hearing was held by the Board of
Appeals of the Village of Mount Prospect in the Village Hall
in the Village of Mount Prospect on the 6th day of December,
1957 at the hour of 8:00 P. M. pursuant to the provisions of
the aforesaid Public Notice, and all persons who desired to
be heard were heard and an opportunity given to all persons
who desired to make remonstrances and objections with refer-
ence thereto; and
WHEREAS, the Board of Appeals of the Village of
Mount Prospect, pursuant to Section lS(B)(2) of said Zoning
Ordinance, subsequent to said hearing, recommended that the
variation requested be granted; and
vlliEREAS, the corporate authorities of the Village
of Mount Prospect, after considering the matter as aforesaid
do hereby find as follows:
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1. That the application of Section 15, Mini-
mum Rear Yard Requirements, to the above described
property would involve practical difficulties to
the property owner in the proposed use of said pro-
perty based on the facts presented to the Board of
Appeals public hearing;
2. That the application of Section 15, Mini-
mum Rear Yard Requirements, to the above-described
property would result in particular hardship to the
owner of the property hereinabove described in view
of the dimensions of the property and the particular
conditions that exist on and surrounding said pro-
perty and the size and type of building proposed to
be built on said property;
3. That the overall use of the above-described
property for the erection of a building in the dis-
trict zoned for business will not seriously interfere
with the administration of the Village of Mount
Prospect Zoning Ordinance;
4. That the property owner has consented to
retain at least 25% of the above-described property
without improvements thereon and has agreed not to
build on said portion of the above-described property;
and
WHEREAS, the corporate authorities of the Village
of Mount Prospect do desire to grant to the property owner
of record as of the date of passage of this ordinance a
variation as hereinafter set forth, which said variation is
specifically limited as herein provided,
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK
COUNTY, ILLINOIS:
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Section 1: That the following described property
be exempt from the application of Section 15, Mininillm Rear
Yard Requirements of the Village of Mount Prospect Zoning
Ordinance as amended:
Lots 5, 6, '(, 8, 9 and 10 in Block 22 in
Prospect Manor, being a Subdivision of part of
the South three quarters of the vlest half (1/2)
of the West half (1/2) of Section 34, Township
42 North, Range 11, East of the Third Principal
f'.1er~dian as per plat thereof recorded March 6,
1920 as Document No. 9199191.
Section 2: That the variation granted hereby apply
only to the property owner of record as of the date of the pas-
sage of this ordinance and for any building permits applied
for by said property owner.
Section 3: That the Zoning Plan of the Village of
Mount Prospect as amended, be and the same is hereby modified
to conform to the above variation.
Section 4: That this Ordinance shall be in full
force and effect from and after its passage, approval and
publication according to law.
Section 5: That all ordinances or parts of ordi-
nances in conflict herewith be and the same are hereby
repealed, reserving however, to the Village of Mount Prospect
any rights which have accrued to it against any person, firm
or corporation under any ordinances or sections of the Zon-
ing Ordinance VJhich may be and are hereby repealed.
PASSED this 7 Tff- day of dAti/u/U,?Y , 195r.
APPROVED this 7 T/~day of JI1/1/tlAt?Y , 195~
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Village Clerk /~ Village presi~~lAL-/
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A G R E E MEN T
THIS AGREEMENT entered into between VICTOR A.
DOYNO, of Evanston, Illinois (hereinafter referred to as
HDoyno") and the VILLAGE OF MOUNT PROSPECT, Cook County,
Illinois (hereinafter referred to as the "Village"),
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WIT N E SSE T H:
WHEREAS, Doyno is the owner of certain property
located in the Village, more particularly described as
follows:
Lots 5, 6, 7, 8, 9 and 10 in Block 22
in Prospect Manor, being a subdivision
of part of the Southwest quarter (1/4)
of Section 34, Township 42 North, Range
11, East of the Third Principal Meridian
; and
vrnEREAS, Doyno has made application to the Village
for variation from the Zoning Ordinance of the Village of
Mount Prospect to permit the erection of a building without
the application of the minimum rear yard requirements in
said Zoning Ordinance; and
WHEREAS, The Village is desirous that a portion of
said property be used by said Doyno for parking purposes and
upon agreement by Doyno that a portion of said property shall
be used for parking purposes, the Village is willing to grant
the variation requested by said Doyno,
NOW" THEHEPOHJ.!:) For and in consideration of the
mutual covenants hereinafter contained, the parties hereto
do hereby mutually agree as follows:
1. Doyno does hereby agree to reserve a
portion of the following described property for
parking purposes, which said portion of said
property shall consist of an area of land not to
exceed ninety (901) feet by forty-six (461) feet
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to be located at the Southwest corner of said pro-
perty, and agrees that he shall not erect any
building or enlarge any building on the aforesaid
portion of the following described property:
Lots 5, 6, 7, 8, 9 and 10 in Block 22 in Prospect
Manor, being a subdivision of part of the South-
west quarter (1/4) of Section 34, Township 42
North, Range 11, East of the Third Principal Meri-
dian.
2. The Village agrees to grant a variation from
the Zoning Ordinance in order to permit the construc-
tion of a building on the balance of said property in
accordance with the plans and specifications submitted
to the Superintendent of Building and agrees to issue
a building permit if said plans and specifications are
in conformity with the ordinance of the Village appli-
calbe thereto.
3. This Agreement shall be binding upon the heirs,
executors, assigns and successors of the respective
parties hereto.
IN WITNESS WHEREOF, the parties hereto have here-
unto executed this Agreement this 7rHday of JAA/al1l?- Y ,
1951., at Mount Prospect, Illinois.
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Victor A. Doyno I
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lerk
VILLAGE OF MOUNT PROSPECT
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?res ent
ATTEST: