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HomeMy WebLinkAboutOrd 3208 05/04/1982 BA 25-V-82, Page One ORDINANCE NO. 3208 ORDINANCE APPROVING AND AUTHORIZING A SPECIAL USE TO ALLOW THE OPERATION OF A GASOLINE SERVICE STATION ON CERTAIN PROPERTY LOCATED IN THE B-3 BUSINESS RETAIL AND SERVICE DISTRICT, AS ZONED, IN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS WHEREAS, the owners of certain property, hereinafter described, commonly known as Danny Boy Oil Company, and located at 1740 West Dempster Street, in the Village of Mount Prospect, Illinois,have made application to rezone said property from its present zoning classification in the B-3 Business Retail and Service District to the B-4 Business Retail and Service District to authorize the continuance of the current use of the property in question to be a permitted use for an automobile service station, as provided in Article XXI of Chapter 14 of the Village Code of Mount Prospect, Illinois; and WHEREAS, the Subject Property is legally described as follows: That part of Lot Two (2) in Edward Busse's Division of part of the Southeast Quarter (1/4) of Section 15, and the Northeast Quarter (1/4) of Section 22, Township 41 North, Range 11, East of the Third Principal Meridian, as Re- corded 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 Half (1/2) of said Southeast Quarter (1/4); thence North along a line 210 feet East of and parallel with the West line of the East Half (1/2) of said Southeast Quarter, 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.of 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 dia- gonal line); thence Southeasterly along a line drawn at right angles to said South line, a distance of 219.82 feet to the South line of said Southeast Quarter (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 123.05 feet, as measured at right angles to the Easterly line thereof), also excepting from the above described tract the South 50 feet thereof taken for Dempster Street per Docu- ment Number 9967970 and except that part~ lying Southwesterly of the Northeasterly line of Algonquin Road as widened per Docu- ment Number 11195781, in Cook County, Illinois. BA 25-V-82, Page 2 WHEREAS, a public hearing was held on said rezoning application (designated as Case No. ZBA-25-Z-81) before the Zoning Board of Appeals in this Village on November 19, 1981, pursuant to proper publication of due notice thereof in the Mount Prospect Herald on October 31, 1981; and said matter was continued to a f~rther hearing before the Zoning Board of Appeals on March 25, 1982; and WHEREAS, the Zoning Board of Appeals has recommended to the Board of Trustees of the Village that in lieu of the requested rezoning,' the property be retained in the existing B-3 district and be given a special use to allow for the oper- ation and maintenance of an automobile service station upon the condition that there be a general upgrading of the existing site to meet the standards of the Village's property maintenance code, and that the property be renovated pursuant to a modified site design including the installation of landscaping, all to be approved by the Village; and WHEREAS, the President and Board of Trustees have con- sidered the requested rezoning application and have reviewed the recommendation of the Zoning Board of Appeals pertaining thereto and have determined that the subject property complies with the standards set forth in Section 14.704 of said Chapter 14 regarding a special use, and that the best interests of the Village of Mount Prospect would be obtained by the adoption of a necessary ordinance to approve and authorize said 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: A special use fOr the subject property described above, to allow the operation of the same as an automobile service station within the B-3 Business Retail and Service District, pursuant to subsection C of Section 14.2001 of . ~rtidle XX of said Chapter 14 is' hereby approved upon condition that the property be first upgraded to meet Village maintenance standards, and that the same be renovated and landscaped pur- suant to a site design to be submitted to and approved by the Community Development Department of the Village. SECTION THREE: This Ordinance shall be null and void and of no force and effect whatsoever until after its passage, approval, and publication in pamphlet form, and such time as an accurate plat resubdividing the said parcel is registered with the Recorder of Deeds or Registrar of Titles, whichever is applicable, a copy of which plat of resubdivision shall be attached hereto and hereby made a part hereof. AYES: PASSED AND APPROVED this 4th day of May , 1982. Arthur, Farley, Floros, Miller, Muruaskis, Wattenberg NAYS: None ABSENT: None ATTEST: -VILLAGE CLERK