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HomeMy WebLinkAboutOrd 3492 01/15/1985 RDINANCE NO. 3492 AN ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY COMMONLY KNOWN AS 101 WEST SUNSET IN THE VILLAGE OF MOUNT PROSPECT~ ILLINOIS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 15 DAY OF January , 1985. Published in pamphlet form by the authority of the corporate authorities of the Village of Mount Prospect, Illinois, the ~] day of ~, 1985. RDINANCE N0.3492 AN ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY COMMONLY KNOWN AS 101 WEST SUNSET IN THE VILLAGE OF MOUNT PROSPECTr ILLINOIS WHEREAS, Peter Findlay has filed an application for variations th respect to property commonly known as 101 West Sunset in the llage of Mount Prospect, Illinois (the "Subject Property"); and EREAS, the Subject Property is described as follows: Lot 52 of County Club Terrace, a Subdivision of part of Lc 16 and part of Lot 18 in the Owner's Subdivision of Sectic 13, Township 41 North, Range 11 East of the Third Principa Meridian in Cook County, Illinois. WHEREAS, Applicant seeks the following variation from provision Chapter 14 of the Village Code of Mount Prospect, Illinois, to low the continuation and maintenance of a wooden deck structure proximately fifteen (15') feet in width and six (6') feet in pth, adjoining the residential structure and located and occupyin tie entire side yard on the east side of the subject property, and slmilarl~ encroaching on and over a Village utility easement locate wlthin said side yard area; said variation being applicable to S iction 14.112.B requiring a 6.5 foot side yard for the Subject P'operty; and WHEREAS, at the time of this variation request, the Applicant h ~d already constructed the subject wooden deck structure without f rst seeking to obtain a permit to do so as provided by the r ~gulations of the Building Code of Mount Prospect, Illinois; and WHEREAS, a public hearing was held on the variation request ~ [esignated as Case No. ZBA'47-V-84) before the Zoning Board of ~peals of the Village of Mount Prospect on the 26th day of October 184, pursuant to due and proper notice thereof published in the M ~unt Prospect Herald on the 8th day of October, 1984; and WHEREAS, the Zoning Board of Appeals has submitted its findings a id recommendation~ to the President and Board of Trustees of the V llage of Mount Prospect to deny the requested variation, and the P esident and Board of Trustees of said Village have given further c ~nsideration to the variation request and have determined that the' s me satisfies the standards set forth in Section 14.605 of Article V of Chapter 14 of the Village Code, and this Board further finds tl at it w~uld be in the best interest of the Village to grant the r. quest for variation, and to allow the existing wooden deck s ructure to remain, subject to and upon condition that such v riation shall not extinguish or release any rights of the Village~ t. enforce its utility easement and to remove, at the expense of th~ Ai plicant or other owner of the Subject Property, the wooden deck s ructure encroaching upon and over the easement area when necessar t~ do so in the exercise, by the Village, of its easement rights. NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF T USTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, Al F~ LLOWS.- SECTION ONE: The recitals set forth hereinabove are i~ corporated herein as findings of fact by the President and Board o Trustees of the Village of Mount Prospect. SECTION TWO: The President and Board of Trustees of the Villag, o ~ount Prospect hereby grant to the Subject Property the variatio~ ~ ir o~ b~ o4 fl P2 AY NA AB A~ ~uested with respect to Section 14.112.B, of Article VI of Chapte] of t~e Village Code of Mount PrOspect, Illinois, to allow the ntinuation and maintenance of a wooden deck structure within the 5 foot side yard area and within, upon and over the Village ility easement located within said side yard area, subject to and bn condition that such variation shall.not extinguish, release, ol herwise prevent the Village from exercising its easement rights, :luding the right to remove the portion of said wooden deck ~ucture from the easement area, at the expense of the Applicant o] ~er owner of the Subject Property, when deemed by the Village to necessary in the exercise and performance of its easement rights SECTION THREE: Except for the variation granted herein, all ler applicable Village of Mount Prospect Ordinances and Regulatio] ~11 remain in full force and effect as to the Subject Property. SECTION FOUR: The Village Clerk is hereby authorized and ~ected to cause a certified copy of this Ordinance to be recorded the office of the Cook County Recorder of Deeds. SECTION FIVE: This Ordinance shall be in full force and effect ~m and after its passage, approval and publication in pamphlet ~m in the manner provided by law. ;SED AND APPROVED this 15thday-of January , 1985. JS. Arthur, Farley, Floros, Murauskis, Van Geem, Wa%tenber- iS: None ENT: None EST: V~LAGE PRESIDENT LEO FLORO$ NORMA J. MURAUSKIS GEORGE R. VAN GEEM THEODOREJWA3~ENBERG TERRANCE L, BURGHARD Village of Mount Prospect 100 S. Emerson Mount Prospect, Illinois 60056 Phone :312 / 392-6000 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) I, Carol A. Fields, do hereby certify that I am the du]y appointed Village Clerk of the Village of AIount Prospect in the Coun .ty and State aforesaid, and as such Village Clerk, I am the keeper of the records and files of the Board of Trustees of said Village. I do further certify that attached hereto is a full, true and correct copy of ORDINANCE NO. 3492 AN ORDINANCE GRANTING A VARIATION FOR CERTAIN PROPERTY COM~iONLY KNOWN AS 101 SUNSET duly adopted by the Board of Trustees of the Village of l%[ount Prospect Cook County, Illinois, at its legally convened meeting held on the 15th day of January, 1985 , and that at the time of adoption of said ORDINANCE NO. 3492 the Board of Trustees voted as follows: AYES: NAYS: ABSENT PASS: as appears in the official records of said Village in my care and custody. Dated at IJount Prospect, Illinois, this 16th day of January , 19 85. Carol A. Fields Village Clerk Village of I~]ount Prospect Cook County, Ill, nots (Seal)