HomeMy WebLinkAboutOrd 5149 10/17/2000ORDINANCE NO. 5149
AN ORDINANCE GRANTING VARIATIONS AND
A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT
1740 WEST DEMPSTER STREET
Passed and approved by
the President and Board of Trustees
the 17th day of October, 2000
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
18th day of October, 2000
VWL
8/28100
8/29/00
10/11/00
ORDINANCE NO. 5149
AN ORDINANCE GRANTING A CONDITIONAL USE AND VARIATIONS
FOR PROPERTY LOCATED AT 1740 WEST DEMPSTER STREET
WHEREAS, Mike Assad d/b/a Urban Investment Trust (hereinafter referred to as "Petitioner")
has filed a petition for a Conditional Use and Variations with respect to property located at
1740 West Dempster Street, (hereinafter referred to as the "Subject Property") and legally
described as follows:
Property Index Number: 08-15-400-042
That part of Lot 2 in Edward Busse's Division of part of the Southeast 1/4 of Section
15 and the Northeast 1/4 of Section 22, Township 41 North, Range 11 East of the
Third Principal Meridian, as recorded December 17, 1919, as document #6696216 in
Cook County, IL described as follows: Beginning at a point in the old center line of
Algonquin Road which is 210 feet east of (measured at right angles to) the West line
of the East 1/2 of said East 1/4; thence Nodh along a line 210 feet East of and parallel
with the West line of the East 1/2 of said Southeast 1/4, a distance of 103.05 feet to
an angle point; thence Northeasterly along a diagonal line drawn from said angle point
to a point in the East of said Lot 2 which is 326.25 feet North of the South line of said
Section 15 (as measured along the east line of said Lot 2) a distance 333.85 feet to
a point (said point being 636.08 feet Southwesterly of the East line of said Lot 2, as
measured along said diagonal line); thence Southeasterly along a line drawn at dght
angles to South line, a distance of 219.82 feet to the South line of said Southeast 1/4;
thence West along said South line, a distance of 259.56 feet to the intersection of said
South line with said old center line of Algonquin Road; thence Northwesterly along said
old center line, a distance of 121.80 feet to the point of beginning (excepting the
Easterly 128.05 feet, as measured at right angles to the Easterly line thereof) also
excepting from above deschbed tract the South 50 feet thereof taken for Dempster
Street per document #9967970 and except that part lying Southwesterly of the
Northeasterly line of Algonquin Road as widened per Document # 11195781, in Cook
County, IL.;
and
WHEREAS, the Petitioner seeks a Conditional Use permit to construct a 2,677 square foot gas
station with convenience mart, as provided in Section 14.1703 of the Village Code; and
WHEREAS, the Petitioner seeks Variations from Section 14.1704.A and Section 14.2217.B,
as provided in Section 14.203.C of the Village Code, to allow the canopy to encroach six-feet
(6') into the required thirty-foot (30') setback along Algonquin Road, to provide a 5.5 foot
perimeter landscape setback instead of the required ten-feet (10'), and to allow a ten-foot (10')
rear setback instead of the twenty-foot (20') setback required by Village Code; and
Page 2/3
1740 W. Dempster Street
WHEREAS, a Public Hearing was held on the request for a Conditional Use and Variation
being the subject of ZBA Case No. 26-2000 before the Zoning Board of Appeals of the Village
of Mount Prospect on the 14~h day of September, 2000, pursuant to proper legal notice having
been published in the Mount Prospect Journal & Topics on the 9thday and the 23rd day of
August, 2000; and
WHEREAS, the Zoning Board of Appeals has submitted its findings and recommendation to
the President and Board of Trustees in support of the request being the subject of ZBA 26-
2000; 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.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
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: The President and Board of Trustees of the Village of Mount Prospect do
hereby grant a Conditional Use permit to allow the construction of a 2,677 square foot gas
station with convenience mart, as provided in Section 14.203.F.7 of the Village Code; and
SECTION THREE: The President and Board of Trustees of the Village of Mount Prospect
do hereby grant Variations, as provided in Section 14.203.C.7 of the Village Code, to reduce
the thirty foot (30') front setback requirement to twenty-four feet (24') to allow a canopy to be
constructed, to reduce the Dempster Street setback to 5.5 feet (5.5') for the area west of the
curb cut, and to reduce the twenty-foot (20') rear setback to ten-feet (10'), as shown on the
Site Plan, a copy of which is attached hereto and hereby made a part hereof.
SECTION FOUR: Prior to the issuance of a building permit relative to the Conditional Use
permit and Variations, the following conditions and/or wdtten documentation shall be fulfilled:
1. Submission of final site plan in general conformance with the site plan prepared by Marchds
Engineering, Ltd dated July 13, 2000 revised to reflect:
a. 24-foot wide, dght-in only curb cut along Dempster Street,
b. eliminate parking and/or other impervious surfaces to meet 75% maximum lot coverage
requirement,
c. provide a minimum ten-foot setback around the perimeter of the property,
d. relocate the ground sign to meet the five-foot setback requirement.
2. Submission of a final landscape plan in general conformance with the preliminary site plan
prepared by Marchris Engineering, Ltd. dated August 13, 2000:
age 3/3
1740 Dempster Street
a. revised to meet all requirements of Article 23 of the Zoning Ordinance,
b. revised to provide a continuous landscape screen at a 3' height along Dempster Street
and Algonquin Road with consideration to landscaping that will provide year round
screening.
3. Submission of final elevations in general conformance with preliminary elevations prepared
by Marchds Engineering, Ltd revised:
a. replace the CMU with brick as the primary building material,
b. indicate that the building and fence shall be treated with an anti-graffiti agent,
c. relocate the ATM sign over the door or in the window.
d. reduce the height of the canopy to provide 14' clearance.
4. Submittal and approval of final engineering plans meeting all Development Code
requirements.
5. Submittal and approval of a lighting plan that meets Village Codes and Police Department
requirements.
6. Submittal of final building plans meeting all applicable Building Code and Fire Code
requirements.
7. Approval of appropriate permits by I.D.O.T. and MW.R.D.
SECTION FIVE: 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 SIX: 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:
Hoefert, Lohrstorfer, Pdkkel, Skowron, Wilks
NAYS: None
ABSENT: Corcoran
PASSED and APPROVED this 17th day of October, 2000.
Village Clerk
H:\G EN~files~W~N~ORDINANC~C USE, VAR, 1740 Dernpster, Cit~?&TE!even doc
illage of Mount Prospect
I00 South Emerson S~:eet
Mount Prospect, Illinois 60056
94~7/0123 ~I ~0~ P~ge i o? 3
2001--12--07 15:34:39
Cook County Recorder ..... 8
IIIIIIIIIIIIIIIIIIIII
0011157453 i
Phone: (847) 392-6000
Fax: (847) 392-6022
TDD: (847) 392-6064
I, Velma W. Lowe, do hereby certify that I am the duly appointed Village Clerk of the
Village of Mount Prospect and as such, am keeper of the records and files of said Village.
I do further certify that attached hereto is a true and correct copy of the "RESTRICTIVE
COVENANT BY AND BETWEEN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS AND
THE OWNER-DEVELOPER OF CERTAIN PROPERTY WITHIN SAID VILLAGE
REGARDING COMPLETION OF REQUIRED PUBLIC IMPROVEMENTS PERTAINING
TO THE DEVELOPMENT OF SAID PROPERTY, 1740 WEST DEMPSTER STREET,"
all as appears in the official records and files in my care and custody.
Dated this 4t~ day of December 2001.
Velm Village Clerk
Village of Mount Prospect
Cook County, Illinois
(Seal)
H:\GEN~ega[ Template/EeCal DOC Template-Record Resolu. ZBA,dOt
RESTRICTIVE COVENANT BY AND BETWEEN THE VILLAGE OF MOUNT PROSPECT,
ILLINOIS AND THE OWNER-DEVELOPER OF CERTAIN PROPERTY WITHIN SAID VILLAGE
REGARDING COMPLETION OF REQUIRED PUBLIC IMPROVEMENTS PERTAINING TO THE
DEVELOPMENT OF SAID PROPERTY 1740 W. Dempster Street
WHEREAS, pursuant to the provisions of Chapter 16 entitled "Development" of the Village Code of Mount
Prospect, Illinois certain public improvements are required to be constructed and installed by owners and developers
of property within the Village, as part of the approval for the development of such property; and
WHEREAS, the schedule for accomplishing the construction and installation of such public improvements by
the owner-developer of the property under development is often in conflict with other public improvement projects
adjacent to or in the vicinity of the property so as to render the accomplishment of such public improvements by the
owner-developer to be practically or economically unfeasible until the project can be combined with or scheduled so
as to conform with other public improvements affecting the subject property under development; and
WHEREAS, such other public improvement projects are administered by the Village, County or State, officials
over which the o~vner-developer has no control, and in some instances those improvements to be accomplished by the
owner-developer with respect to the property under development cannot be completed until the other improvements
under Village, County or State co~ntrol have been accomplished; and
WHEREAS, under such circumstances, it is deemed to be inequitable to delay development of the property under
development or to require the owner-developer to establish a cash escrow, letter of credit or improvement bond for the
purpose of guaranteeing the completion of required public improvements due to the delay caused by the intervening
or subsequent accomplishment of other public improvement projects under administration and control of the Village,
County or State; and
WHEREAS, Chapter 16 of the Village Code of Mount Prospect, Illinois provides that in lieu of a cash escrow,
letter of credit or development bond, the owner-developer may execute a restrictive covenant to be recorded and to
mn with the land as a guarantee that the required public improvements shall be completed with respect to the property
under development.
WHEREAS, the Village finds that it be in the best interests of the Village to accept a covenant to construct street
lights in the future.
NOW, TItEREFORE, in accordance with the provisions of the said Chapter 16 of the Village Code of Mount
Prospect, Illinois, the Undersigned Owner does hereby covenant with the Village of Mount Prospect, an Illinois
municipal corporation, as follows:
1. The Undersigned is the Owner of the following described property within the Village of Mount Prospect,
Illinois, to wit:
That part of Lot 2 in Edward Busse' s Division of part of the Southeast 1 / 4 of Section 15 and the Northeast 1 / 4 of
Section 22, Township 41 North, Range 11 East of the Third Principal Meridian, as recorded December 17, 1919, as
document number 6696216 in Cook County, Illinois, described as follows; Beginning at a point in the old center line
of Algonquin Road which is 210 feet East of (measured at right angles to) the West line of the East 1 / 2 of said
Southeast 1 / 4; thence North along a line 210 feet East of and parallel with the West line of the East 1 / 2 of said
Southeast 1 / 4, a distance of 103.05 feet to an angle point; thence Northeasterly along a diagonal line drawn from
said angle point to a point in the East line of said Lot 2 which is 326.25 feet North of the South line of said Section 15
(as measured along the East line of said Lot 2) a distance 333.85 feet to a point (said point being 636..08 feet
Southwesterly of the east line of said Lot 2, as measured along said diagonal line); thence Southeasterly along a line
drawn at right angles to South line, a distance of 219.82 feet to the South line of said Southeast 1 / 4; thence West
along said South line, a distance of 259.58 feet to the intersection of said South line with said old cen[er line of
Algonquin Road; thence Northwesterly along said old center line, a distance of 121.80 feet to the point of beginning
excepting the easterly 128.05 feet, as measured at right angles to the Easterly line thereof), also excepting from above
described tract the South 50 feet thereof taken for Dempster Street per document number 9967970 and except that
part lying Southwesterly of the Northeasterly line of Algonquin Road as widened per document number 11195781, in
Cook County, Illinois.
2. A plan of development of the described property by the Undersigned bas been approved by the Village of
Mount Prospect, which approval includes the completion of the following public improvements contained in and-
provided as a part of the plans, to wit:
The payment for the installation of streetlights along Dempster Street and Algonquin Road installed and
constructed to Village Code.
3. For a period of twenty (20) years commencing from the date of this Restrictive Covenant, the Undersigned
shall undertake the above-stated improvements within sixty (60) days after being advised by the Village of Mount
Prospect to commence such construction and installation work. The work shall continue without interruption or
delay, until the improvements are completed in a satisfactory manner and in accordance with Village, County, and
State plans and specifications.
4. This Covenant to complete public improvements shall mn with the subject property for twenty (20) years.
Nothing in the Covenant shall in any way prevent the alienation or sale of all or a portion of the subject property,
except that the sale shall be subject to the provisions of this Restrictive Covenant and to the plan of development
pertaining to the property. The new owner shall be both benefited and bound by the conditions and restrictions herein
expressed of this Restrictive Covenant.
5. This Covenant shall be binding upon and shall inure to the benefit of the parties and their successors and
assigns in title and interest. The provisions shall be enforceable in a proceeding at law or in equity aga'mst the person
or persons seeking to violate it including an action for injunctive relief, specific performance or to recover damages or
o~er fines and penalties as may be established in such violation. In the event that the owner-developer of the subject
property fails to complete the required improvements or pay a proportionate share of the required improvements by
other contractors within the specified time periods, the value of such improvements shall be entered as a lien against
the property due and payable within sixty (60) days after notification to proceed with the improvements.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ':ZOq~ day of
,20 .
OWNER
Real Estate Index No. 08-15-400-042