HomeMy WebLinkAboutOrd 5209 09/18/2001 ORDINANCE NO. 5209
AN ORDINANCE GRANTING A CONDITIONAL USE AND
VARIATIONS FOR PROPERTY LOCATED AT
1001 SOUTH BUSSE ROAD
Passed and approved by
the President and Board of Trustees
the 18th day of September, 2001
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
19th day of September, 2001
VWL
8/29/01
ORDINANCE NO. 5209
AN ORDINANCE GRANTING A CONDITIONAL USE AND VARIATIONS
FOR PROPERTY LOCATED AT 1001 SOUTH BUSSE ROAD
WHEREAS, W. Thomas Niemira, Agent (hereinafter referred to as "Petitioner") has filed a
petition for a Conditional Use and Variations with respect to property located at 1001 South
Busse Road, (hereinafter referred to as the "Subject Property") and legally described as
follows:
Property Index Number: 08-14-110-037
Lot 2 in the Resubdivision of Lots 28 & 29 in Block 1 in Elk Ridge Villa Unit 1, being
a Subdivision in the West % of the West % of sec. 14, Township 41 North, Range
11 East of the 3rd Principal Meridian, in Cook County, IL;
and
WHEREAS, the Petitioner seeks a Conditional Use permit to construct a 2,576 square foot
combination donut/ice cream establishment with a drive-thru, as provided in Section
14.1703 of the Village Code; and
WHEREAS, the Petitioner seeks Variations from the Village Zoning Code as specified in
SECTION THREE of this Ordinance; and
WHEREAS, a Public Hearing was held on the request for a Conditional Use and Variations
being the subject of ZBA Case No. 21-2001 before the Zoning Board of Appeals of the
Village of Mount Prospect on the 23rd day of August, 2001, pursuant to proper legal notice
having been published in the Mount Prospect Journal & Topics on the 11th day of July,
2001; and
WHEREAS, the Zoning Board of Appeals has submitted its findings and positive
recommendation to the President and Board of Trustees in support of the requests being
the subject of ZBA 21-2001; 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.
1001 S. Busse Road
Page 2/3
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 2,576 square foot
donut/ice cream establishment, with drive-thru lane, 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 the following Variations, as provided in Section 14.203.C.7 of the Village
Code:
1. To locate the structure sixteen feet (16') from the rear south lot line;
2. To allow the drive-thru lane to encroach eight feet (8') into the ten-foot (10') south
setback;
3. To allow a landscape setback of less than the required ten feet (10'), for portions of the
south and east lot lines, as shown on the landscape plan prepared by W.C. Doland,
Engineering, revised August 8, 2001;
4. To allow the drive-thru lane to encroach six feet (6') into the ten-foot (10') east setback;
5. To allow the location of a waste receptacle 5.6 feet from the east lot line, all as shown
on the site plan prepared byW.C. Doland Engineering, revised august 8, 2001, a copy
of which is attached hereto, and 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 written documentation shall be
fulfilled:
1. The building shall be constructed in accordance with the elevations presented at the
August 23, 2001 Zoning Board of Appeals meeting (no date on the drawings; staff date
stamped August 9, 2001);
2. Speaker box cannot be used after 10:00 p.m., which requires that all drive-thru orders
are placed at the drive-thru window from 10:00 p.m. to 6:00 a.m.;
3. The entire site and building are developed in compliance with all other Village Codes;
4. Plant five-feet (5') tall evergreens around the waste receptacle;
5. Plant five-feet (5') tall evergreens along the south lot line;
6. Construct the freezer from brick face material, to be consistent with the remainder of the
building.
001 S. Busse Road
Page 3/3
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: Corcoran, Hoefert, Lohrstorfer, Skowron, Wilks, Zadel
NAYS: None
ABSENT: Farley
PASSED and APPROVED this 18th day of September, 2001.
Timothy J. C~rcora~
Mayor Pro -Fem~,~/
ATTEST:
Village Clerk
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