HomeMy WebLinkAboutOrd 3209 05/04/1982 ~geone
ORDINANCE NO. 3209
AN ORDINANCE GRANTING SPECIFIED VARIATIONS AND
A SPECIAL USE FOR CERTAIN PROPERTY COMMONLY
KNOWN AS MC DONALD'S PROPERTY AT 100 WEST RAND
~0AD, IN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS
WHEREAS, McDonald's Corporation (hereinafter referred to
as the "Petitioner") is the owner of a certain tract of property,
commonly known as the McDonald's property and located at the
intersections of Rand and Elmhurst Roads (100 West Rand Road)
in the Village of Mount Prospect, Illinois; and
WHEREAS, the subject property is legally described as
follows:
Lots 1 and 2 in Mc Donald's Rand-Elmhurst
Subdivision, being a part of the East Half
of the Southwest Quarter of Section 27,
Township 42 North, Range 11, East of the
Third Principal Meridian, in Cook County, Illinois
and
WHEREAS, Petitioner has filed an application requesting
a variation from Sections 14.2102.C, and 14.2602.B.24 and B.52
in order to legalize an existing encroachment of the building
structure located on the property in question in the required
rear yard, to permit a truck loading space of 10 feet by 31 feet
rather than the required 10 feet by 50 feet, and to permit the
truck space and drive-up lane to jointly occupy the required
rear yard; and
WHEREAS, the Petitioner has also filed an application
seeking a special use for the purpose of adding a drive-up
window to the existing premises; and
WHEREAS, a public hearing was held on Petitioner's re-
quest for the aforesaid variations (designated as Case No.
ZBA-3-V-82) and on the Petitioner's request for the aforesaid
special use (designated as Case No. ZBA 2-SU-82) before the
Zoning Board of Appeals of the Village of Mount Prospect on
the 25th day of March, 1982, pursuant to due and proper notice
thereof published in the Mount Prospect Herald on March 8, 1982;
and
WHEREAS, the Zoning Board of Appeals has recommended to
the Board of Trustees of the Village of Mount Prospect that the
Petitioner's request for the aforesaid variations under ZBA 3-V-82
and Petitioner's request for a special use under ZBA 2-SU-82 be
granted in accordance with the Petitioner's Site Plan attached
hereto as Exhibit "A", subject to the conditions set forth
hereinbelow, to wit.
That in the event following a trial period of at
least one year, the Village determines, upon the
traffic information obtained during said period,
to prohibit left turns onto Rand Road from the
southerly driveway of the property, then, upon
request, such left turn restriction will be enacted.
hree parking spaces shall be eliminated from the
subject property because of the limited maneuver-
ability or use of the public right-of-way.
Lighting requirements for a commercial roadway,
folloWing state policy, shall be followed and
shall apply to both Rand and Elmhurst Roads, and
shall contain specifications and details which
will include use of 400-watt high pressure sodium
lamps on a 40-foot pole with a maximum spacing
of 130 feet.
A landscape design for the property including the
planting of parkway trees on both Rand and Elmhurst
Roads shall be submitted to and approved by the
Community Development Department of the Village,
together with Petitioner's guarantee regarding the
planting of 12 parkway trees by the Department of
Public Works.
That restrictions shall be added to the plat of
subdivision of the subject property to provide that
no additional direct access other than the existing
joint driveway access on the subject property shall
be allowd to Rand Road or Route 83 from Lot 2 of
Mc Donald's Rand-Elmhurst Subdivision; that Lot 2
of said Subdivision, when developed, will provide
detention for both Lots 1 and 2 in said Subdivision,
and that no variations will be sought from the
provisions of the Zoning Ordinance of this Village
with respect to the development of Lot 2; and
WHEREAS, the President and Board of Trustees of the
Village of Mount Prospect have determined that the Petitioner's
variation requests satisfy the standards set forth in Section
14.605 of Article VI of Chapter 14 of the Village Code of Mount
Prospect, and that the Petitioner's special use request satisfies
the standards set forth in Section 14.704 of Article VII of the
said Chapter 14 of the Village Code of Mount Prospect, Illinois,
and does further find that it would be in the best interest of
the Village to grant to the Petitioner the requested variations
and special use.
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
herein 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 to the property above-described
the variations requested with respect to Sections 14.2102.C and
14.2602.B.24 and B.52 to permit a 10-foot by 31-foot truck loading
space, the elimination of a 20-foot required rear yard area to
allow instead for the truck loading space and a drive-up lane,
and to allow the encroachment of the existing building on the
premises into the rear yard area provided the conditions set
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4/30/82 - Page Three
forth above are satisfied.
SECTION THREE: The President and Board of Trustees of the Village
of Mount Prospect do hereby grant to the property hereinabove
described the special use requested with respect to the instal-
lation of a drive-up window to the building on the subject property
pursuant to the provisions of Section 14.2101.C2 of Chapter 14
of the Village Code of Mount Prospect, Illinois; said special
use to be similarly conditioned upon accomplishment of the con-
ditions hereinabove set forth.
SECTION FOUR: Except for the variations granted herein, all
other applicable Village of Mount Prospect Ordinances and zoning
regulations shall remain in full force and effect as to the
subject property.
SECTION FIVE: 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.
PASSED AND APPROVED THIS 4th DAY OF May
AYES: Arthur, Farley, Floros, Miller, Murauskis, Wattenberg
, 1982.
NAYS: None
ABSENT: None
ATTEST:
VILLAGE CLERK
VILLAGE ~P RES ID~N~