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HomeMy WebLinkAbout10/09/1962 VB minutes MINUTES OF MEETING OF PRESIDENT AND BOARD OF TRUSTEES HELD TUESDAY~ OCTOBER 9.~ 1952 President Schlaver called the meeting to order au 8:23 P.M. with the following members presenT: roll call Phillips Casterline Absent: Trustee Gaw, who Bickley Ekren Bruhl arrived later. Trustee Casterline, seconded by Trustee Bickley, moved for the approval of the minutes of October 3rd as submitted. minutes Ayes: Phillips Bickley Ekren Absent: Gaw Casterline Bruhl Motion carried. Trustee Bruhl, seconded by Trustee Bickley, moved for approval of bills for the previous~ek as follows: hills General $11,719.95 Garbage 7,158.36 ~Parking System Revenue .70 Libnary ~7.75 Water operations 13~298.16 S32,62~.93 Upon roll call: Ayes: Phillips Bic~ley Ekren Casterline Bruhl Absent: Gaw Motion carried. Trustee Casterline, seconded by Trustee Phillips, moved that Fence - Anthony J. Daly, 1302 West Lincoln, be granted variation for erection Daley of fence higher than that allowed by ordinance contingent upon receipt of letters of approval from the abutiing proper~y owners. This motion carried by acclamation. Trustee Ekren, seconded by Trustee Bickley, moved for the passage of O~d. #873: Ord. 873 Road vacation - AN ORDINANCE VACATING A PORTION Golfhurst Sub. OF A PUBLIC ROAD. This is a strip 25 feet wide along the eas~ edge of Golfhurst Subdivision, formerly used as an access road for trucks. Upon roll call: Ayes: Phillips Bickley Ekren Casterline Bruhl Absent: Gaw. Motion carried. ~T~stee.~Ek~en~..~¢~nd~d by Trustee Bickley~ moved for the passage of Ord. #874: Ord. 874 RA District AN ORDINANCE AMENDING g SUPPLEMENTING THE ZONING in Zoning ORDINANCE AND CREATING A NEW SINGLE FAMILY code RESIDENCE DISTRICT TO BE KNOWN AS THE R-A DISTRICT, SINGLE FAMILY RESIDENCE. Upon roll call: Ayes: Phillips Bickley Ekren Casterline Bruhl Absent: Gaw Motion carried. October 9, 1962 ase 62-29 Trustee Ekren read the following report from the Maier Zoning Board re Case 62-29: REPORT October g, 1962 To: Board of Trustees From: Zoning Board of Appeals Re: Case 62-29, heard Sept. 28, 1962 Petitioner: Fred W. Maier~ The petition is for a rezoning from R-1 to B-2 o~ Lot 11 located on The nort~st corner of Elmhurst and Golf Roads.' Three legal objectors were present; two, owning lots 10 and 12, objected To the petition and the Third property owners, owner of Lot 13, was in favor of the petition provided that petitioner improved the lot in question as petitione~ so stated in testimony. A resident on the 900 block of Ioka was in favor of the petition provided that petitioner improve the lot as he so stated in testimony. The Zoning Board voted 5-0 to approve the petition. E. F. Martin, Chairman G. E~ Jacobsmeyer, Acting Sec'y This case was referred To the Judiciary Committee. Trustee Ekren read the following report from the Zoning Board Zoning re Case 62-30: Case 62-30 Stamis R E P O R T ~'~ October 9, 1962 To: Board of Trustees From: Zoning Board of Appeals Re:Case 62-30, heard September 28, 1962 Petitioner: Constantine Stamts The petition is for variation of front yard from the 30 feet required in R-3 to 25 feet, and for the erection of an office building on this property, which consists of three lots located on the southeast corner of West Prospect and Ioka. %qlree objectors were present at the hearing and stated their feelings to the Board. The Zoning Board voted 5-0 to approve the proposed variation subject to the requirement that the:three lots are considered as one parcel and that one building will be erected on this parcel. The Board also agreed that the variation, if granted, w~uld not impair adequate supply of light and aid to adjacent property, increase congestion in public streets unreasonably, increase hazard of fire, endanger public safety, diminish or impair values of property within the surrounding areas, or in any other way impair public health, safety, comforts, morals and welfare of the community. The Zoning Board has informed the petitioner that this variation is cancelled unless construction is started within one year from the date of the hearing. E~ F. Martin, Chairman G. E. Jacobsmeyer, Acting Sec'y This case was. referred to the Judiciary Committee. October 9, 1962 Trustee Gaw arrived at 8:~0 P.M. President Schlaver a~lowed the Board a five minute recess at 8:g5, and the meeting was resumed at 8:52. Trustee Ekren, as chairman of the Judiciary Committee, reported Zonin~ Case on Zoning Case 62-26, petitioner, George E. Hickey. The report of the 62-26 zoning board on this case is show~ in the minutes of September 18th. Hickey Trustee Ekren, seconded by Trustee Bickley, moved that this request for variation be denied because it will further traffic congestion and hamper the growth of the Central business area. Mr, Hickey arose and read petition from certain businessmen in the ares who were in favor of allowing the erection of this building. President Schlaver pointed~out that most of these businessmen were not members of the Central Businessmen's Association which association had pooled their resources for setting up of parking lot across from the proposed building. The Clerk thereupon called the roll, with the following response: Ayes: Phillips Bickley Ekren Gaw Casterllne Bruhl Motion carried. Trustee Ekren, seconded by Trustee Bickley, moved that the Village Condemnation Attorney be directed to investigate the purchase or condemnation of or purchase the property at Busse and Main Streets, referred to in Case 62-26 in land by the report of the Board of Appeals. Village Busse & Main Upon roll call: Ayes: Bickley Bruhl Casterline Ekren Gaw Phillips Motion carried. Trustee Gaw, seconded by Trustee Casterline, moved that bids for equipment for the Street Department be opened. This motion carried. by acclamation. Bids - Street Pep% The bids were opened and read as follows: trucks and eouipmen% FOR TWO TRUCKS Allowance 01d GMC North Cicero Dodge, Inc. S100 $7,228.00 or 8,278.~0 for Model D700 B & T Truck Sales(Int'l) 100 9,252.00 Ben Hartz, GMC 250 8,300,00 Geo. C. Poole 125 7,797.92 w/o double frame 7.889.g~ with double frame Diamond T Motor Truck None 10,307.~ Model P3000 Pollard~ International 150 7,90~.00 Schuster, Inc. (Dodge) 200 8,415.78 Lattoff (Chevrolet) 150 8,985.86 RoMers Park Ford ~00 8,112.00 on F700 FOR TWO PIMP BODIES R.G. Smith, (Heil) 2,123.86 Ontario Equip. Co. 2,012.7g Axle g Equip,'Co. 2,250.00 Auto Truck Equip. Sales 2,260.00 General Body Bales 1,997.80 Rogers Park Ford 2,250,00 October 9, 1962 TWO SNOW PLOWS~ Omar Cornell ($2,133.76 R. H, Lyons Equip, Co. 2,198.00 Schuster, Inc. (Ross) 2,790.00 C. T. ~ M. Industrial Suppliers 2,589,89 TWO SALT SPREADERS: C. T. & M. Industrial 942.00 R. H. Lyons Equip. Co. 1,052.00 Schuster, Inc. 998.25 Swenson Spreader Mfg. Co. 858.98 for 7 1/2 ft. 888.0~ for 8 ft. 929.4~ for 8 1/2 ft. Installation, $45 per spreader Trustee Gaw, seconded by Trustee Ekren, moved that the fore- going bids for street equipment be referred to the Street Committee for study and recommendation. This motion carried by acclamation. Village Manager Appleby gave recommendation from Johnson Tree Trees Service listing suitable trees for planting in narrow parkways on South Emerson and South Wille Streets in the or,er of their suitability: 1. Thornless honey locust. 2. Small-leafed linden 3. Red maple. This memo was referred to the Street Committee. Zoning Case Trustee Ekren read supplementary report from the Zoning Board 82-23 re Case 62-23, Sal Di Mucci, giving recommendations for the rezoning of Di Mucci a large tract recently annexed. Trustee Ekren, seconded by Trustee Phillips, moved that the Board concur in the report from the Zoning Board in regard to Case 62-23 as supplemented and amplified. Upon roll call: Ayes: Bickley Bruhl Casterline Ekren Gaw Phillips Motion carried. Trustee Ekren, seconded by Trustee Phillips, moved to instruct the Village Attorney to prepare zoning ordinances in accordance with the supplementary report of the Board of Appeals hereinbefore mentioned. Upon roll call: Ayes: Bickley Bruhl Casterline Ekren Gaw Phillips Motion carried. Zoning Case Trustee Ekren read report from the Board of Appeals re 62-25 Case 62-25, Halvorson. This report was inserted in the minutes of Halvorsen September llth. Trustee Ekren, seconded by Trustee Bickley, moved to concur with the recommendation of the Zoning Board to approve this rezoning, and directed the Village Attorney to draw up the necessary ordinance. Upon roll call: Ayes: Bickley B~uhl Casterline Ekren Gaw Phillips Motion carried. October 9, 1982 Village Manager Appleby read letter from Neal L. Hunter of Colonial Heights, Inc. as follows: Colonial Hts. Sub. October 9, 1952 improvements President and Board of Trustees Gentlemen: Re: Colonial Heights Fourth Addition Subdivision .-- We hereby request permission to install concrete curb and gutters, concrete sidewalks, black top pavements and storm sewer improvements all as shown and described in the plans and specifications for the above-mentioned .~ subdivision prepared by E, N. Fletcher, Engineer. Cost of these improvements will be paid by Colonial Heights, Iuc. and there shall be no expense whatever to the Village of Mount Prospect. Colonial Heights, Ina. also agrees that when said improvements are com- pleted they shall become the property of the Village of Mount Prospect a~ no cost whatever to the Village. Sincerely yours, Neal L. Hunter Colonial Heights, Inc. Mr. Appleby also read memo from Engineer Ben Hemmeter as follows: MEMO Re: Colonial Heights, ~th Addition The improvements shown on the subdivision plans for the 4th Addition to Colonial Heights meet the requirements of the Village Ordin- ances pertaining to subdivisions. The estimated cost of the improvements are as follows: ~- · Street and Sidewalks $28,900.00 Water mains 8,100.00 Sanitary sewers 6,400.00 Storm sewer 18,700~00 Combined total $62,100.00 Engineering 5% 3,100.00 GRAND TOTAL $65,200.00 Trustee Casterline, seconded by Trustee Ekren, moved that the Board approve installation of public improvements in Colonial Heights Fourth Addition subject to the filing of a bond acceptable to the Village Attorney or establishment of an escrow to cover the public improvements and establishment of an escrow to insure planting of street trees. Upon roll call: Ayes: Bickley Bruhl Ekren Gaw Pkillips Casterllne Motion carried. Adjournment was by acclamation at 10:05 P.M. Respectfully submitted, Clerk October 9, 1962 MEMORANDUM September 7, 1962 TO:. Board of Trustees FROM: Zoning Boardof Appeals Re: Zoning Case 62-23. Heard August 24, 1962. Salvatore Di Mucci, Sole Beneficiary under Trusts 11093, 11155, 11156 and 11157, Pioneer Trust & Svngs. Bank as Trustee. Attorney: Arnold Ruud. This was a request fo~rvariation o~fR-1 to allow minimum side yard of five feet; rezonin~'~f~om R-1 to R-4 and from R-1 to B-3 of certain parcels described in the petition. Also, request for rezontng from R-1 to B-3 contingent upon annexation of 50-foot strip alons the south edge of Di Mucci property on the southwest corner of Golf Road and Route 83. ~he Board of Appeals yoted 6-0 not to approve the variation of the side lot requirement for the requested R-1 areas. The variation could not be granted for the reason that there was no hardship shown by the petitioner, nor in fact even clalmed by the petitioner. The Board repeatedly tried to determine the basic reason for reducing the side ya~ requirement from the usual 10% of lot width, and no direct answer was ever given other than to the effect that a lesser side yard requirement would pe~it a greater leeway in the placing of a particular house on a particular lot. However, proposed house plans that were submitted indicated that the house widths would be on the order of 48 feet, and that 6 feetoD~neach side w6uld be available on 60-foot lots and a still greater amount available on larger lots. In connection with the ot~r parts of the petition, the Board of Appeals felt that more complete information should have been presented to assist in the review and to penmit a final decision. In other words, the lack of spedific data on the Exhibit No. 1 plat and of the prior agree- ment gave rise to a hesitancy on the part of the Board to grant approval or disapproval of the remaining parts of the petition, as for example, . con~idert~e various following aspects: 1. The petitioner submitted a plat at the hearing as Exhibit No. 1~ showing various designated parcels "A" through "8", which were indicated as being "single family residences", "apartments" and "commercial". The petitioner, upon our questioning, subsequently indicated that the single family residence notation was equivalent to R-l, that the apartments referred ~o R-~, and that commercial meant a B-3 zone area9 The published notice gave the legal description of each of the parcels. However, the exhibit showed no proposed layout of streets or access roads, nor any dimensions or overall areas by acreage or square footage. The proposed subdivision of a small fractional part of an R-1 area was submitted as being typical, but there was nothing shown for the remaining R-1 areas and apartments or business zones as to how streets or blocks or other subdivisions might eventually be developed. The petitioner did say h~ w0uld meet requirements for all of the zoning; however, it is ~elieved that the Board of Appeals should h have been supplied with a plat which was immediately readable and understandable, without havinE to undertake the prolonged procedure of obtaining dimensio~s'from the legal descriptions and placing them on a drawing for consideration. It is part of the duty of the Board of Appeals to review public safeguards with regard to safety, health ~d and welfare, etc., so that street locations for fire protection, etc.? might be considered, as well as to make sure that there is 10-9-62 an orderly development to the entire area. Uncontrolled zoning does exist in some communities, but we seek to avoid such dis- order, and we hesitate to zone by parcels which have no measurements and which are difficult tointerpret from a small scale map. 2. Ne believed it desirable to check into the extent of the consider- able R-~ zoning indicated on the various parcels of Exhibit No.:l, a~d it appears from an inquiry made of Mr, Hofert that such desig- nated parcels do not conform with prior representations made with __~ the Village, thus we should be advised further on this point. It was expressed that the R-~ zoning areas shown on Exhibit No. 1 constitute a rather high percentage of the total area. 3. Furthermore, it is desired to make further inquiry of Mr. Hofert as to the proposed B-3 zoning on Exhibit.No. l, to check for variations from prior representations made with the Village.as set forth in the Board of Trustees' minutes of May 22, 1962, and we therefore await further advice and consideration before making a~recommendation. 4. The 50-foot strip abutting south edge of Petitioner's land presently zoned B-3 along Elmhurst Road, which he requested to be changed from R-1 to B-3 is not shown on the plat drawing of Exhibit No. 1 and was not mentioned in the presentation. However, no objections were raised to such~equest, By way of summary, it is believed that the Board of Appeals should be provided with information covering at least: a. An accurate survey (or plat) showing dimensions for each portion of the requested zoning districts. b.The acreage or square footage for each requested zoning district on the Exhibit. c. At least preliminary sketches showing an indication of streets and access roads within the requested zoned areas as well as between th~ various contiguous areas, such that there may be a consideration and study made of the traffic flow pattemu and the entire planning as it affects the Village and community as a whole. There were a number of objectors present who live in Elk Ridge Villa, an area adjoining the property in question, and as a courtesy certain of these individuals were permitted to express themselves. Their p~incipal questions and concern appeared to relate to the proposed small side yard reqUirement being petitioned by the developer as well as with regard to the large quantity of apartment area indicated in the Exhibit No. 1. The Superintendent of School District No. 59 appeared and objected to the failure of dedication of any land for school purposes. It was estimated that some 1000 families would eventually occupy the area and that the Petitioner p~oposes to build it solid. It is requested that the Board of Appeals be given additional time to meet with the petitioner and obtain the above noted additional infor- mation before we have a final vote and repor~ out the remainin~ parts of tSe E. F. 'Martin, Chairman P. T. Licgett, ~oting ~eo'y 10-9-62 SUPPLEMENTAL REPORT AND MEMORANDUM October 2, 1962 TO: ~oard of Trustees FROM: Zoning Board of Appeals Re: Zoning Case 62-23. Heard August 24 and September 7, 1962. : Petition%r: Salvatore Di Mucci, Sole Beneficiary under Trusts 11093, 11155, 11156 and 11157, Pioneer Trust & Savings Bank, Trustee Attorney: Arnold Ruud. The report and memorandum of September 14, 1962, with regard to the above-noted comprehensive petition, set forth the results of our decisions on the various portions of the petition. Our adverse findings were based ~ponkeur interpretation of the present zoning ordinance and upon an uncertainty as to the propriety of the size of certain of the parcels, and are therefore primarily "technical reasons". However, inasmuch as the Board of Appeals serves the trustees in an advisory capacity, certain of our thg~ghts and suggestions, which are set forth hereinafter, may be of assistance to the trustees in their further consideration and disposition of thepetition. Actually, it is the consensus of the Board of Appeals that the annexation Of the approximately 304 acres was in the best interests of the Village of MOunt Prospect and was of advantage to us in precluding imminent annexation and encirclement by our neighboring municipalities. It is also believed that the plat of development and rezoni~, in accordance with that set forth in the drawing presented as Exhibit No. 1, is not unreasonable o~ illogical. It is further realized that the area in question is a large one and that it is understandable that the petitioner is not presently in a position to have subdivision layouts and "planned development" drawings prepared at this time. It might well be that some time will elapse before certain parcels of the area are to be actually developed by the petitioner. The majgr portion of the entire area being petitioned for single family residential property is commendable. The lack of an R-A Zoning classification at the time of presentation of the petition and the necessity that we review it from a variation of R-1 aspect gave rise to our submitting a technical disapproval. Subject to approval of the Village Attorney and of the petitioner, it may he possible for the trustees to rezone the "A", "H"~ "I" and "J" parcels to R-A, since the R-A classification is an equivalent to the petitioned R'i variation, and there has been held a public hearing with regard to the latter. With regard to the proposed R-~ areas, and having in mind Section 6.2 of the Ordinance 773 which provided a "technical" block to their immediate consideration on the part of the Zoning Board of Appeals, we believe that R-~ zoning along Golf Road and along each side of the Commonwealth Edison Right of Way appears suitable for such zoning, particularly from the aspect of taking a bird's-eye view of the property and the relation of the present roads and thoroughfares which bound or pass through the area. Perhaps the trustees can proceed with the rezoning of those parts of the R-~ parcels which are in accordance with the original agreement made with Mr. Di Mucci, subject to development of each of the particular parcels involved having the planned apartment building locations, parking areas~ access streets, etc., submitted to the Trustees and/or the Plan Commission to insure the proper and orderly development of each Residential Planned Development, in accordance with our zoning ordinance requirements. Certain parcels and/or portions of the petitioned R-4 parcels are understood to be in addition to the original agreement with Mr. Di Mucci and perhaps objectionable from the standpoint of spot zoning. More specifically, the excessi~eareas may be informally described as follows: 10-9-62 1. Parcel "0", which extends along Busse Road to the north of Golf Road. This parcel is adjacent to and opposite single family areas, and is thus a spot zoning situation. 2. The westerly and southern 175-f~ot strip portions ~ of Parc~ "G". These portions appear, to be exces- sive R-~ areas and ~buld be lokated between the presently proposed single family residence area and the high school area to the west. 3. The northern part of Parcel "N" along Church Road, and particularly that part that lies directly adjacent to the easterly edge of Parcel "J". This northerly strip appears to be an unnecessary extension of the large apartment area parallelin~ the Commonwealth Edison right of way. With the exception of t~se three described portions, it may a~ain be stated that the remaining R-~ zonin~ seems logical and appropriate for the area in question. In connection with the proposed B-3 areas, it is the consensus of the Board of Appeals that their locations at the co~ners of the section line roads are appropriate and logical for the future development of the area in question~ however, inasmuch as our prior objection was based upon lack of information as to an appropriate size for such areas, it is requested that the trustees in considerin~ zonin~ for such parcels have a verification of the size for each parcel in accordance with the original agreement with Mr. DiMucci. Subject to such verification, it is believed appropriate that the trustees ~-~ rezone the parcels in accordance with the petition. With regard to the 50-ft. strip of land west of Elmhurst Road and south of the present DiMucci property extending to the south- west corner of Golf and Elmhurst Roads, there has been full concurrence by the Board of Appeals to rezone this strip to B-3 classification. ~ ....Cha'' .... E. F. Mart~n, ~rman P. 'T. Liggett, Acting Sec'y 10-9-62