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HomeMy WebLinkAboutOrd 3026 08/05/1980 980 ORDINANCE NO. 3026 AN ORDINANCE AMENDING ORDINANCE NO. 3010 WHEREAS, Section Three of Ordinance No. 3010 provides that the Petitioners therein must record the final approved plat of subdivision dedicating a roadway indicated on such plat to the Village by July 31, 1980 or the Village's grant of a density bonus for the property legally described in said Ordinance No. 3010, a copy of which Ordinance is attached hereto as Exhibit A and incorporated herein by this refer- ence, and commonly known as 1901-1919 Golf Road, shall lapse; and WHEREAS, the PetitionerS'described in said Ordinance No. 3010, Exhibit A hereto, have been unable to record said plat of subdivision becaus~ of a cloud on the title to the property commonly known as 1901-1919 Golf Road and legally described in said Ordinance No. 3010; and WHEREAS, the Petitioners have requested the President and Board of Trustees to amend Ordinance No. 3010, Exhibit A hereto, to extend the time within which Petitioners must record the plat of subdivision showing the land dedicated to the Village for roadway purposes; and WHEREAS, the President and Board of Trustees find that it is in the best interest of the Village to grant the re- quested extension. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION ONE: Section Three of Ordinance No. 3010 be, and the same is hereby, amended by-deleting the date July 31, 1980 as it appears in said Section and substituting the date ~ ~ ~ _, 1980 therefore, so that said Section Three shall hereafter be and read as follows: SECTION THREE: The President and Board of Trustees of the Village of Mount Prospect hereby grant P~titioners, pursuant to Section 14.1507 of the Zoning Ordinance, a ten percent (10%) increase in the number of units per acre of the Subject Property permitted under Section 14.1501A3 of the Zoning Ordinance for a maximum of 17-1/2 units per acres for the Subject Property provided the Petitioners dedicate to the Village for roadway purposes the land shown on Exhibit A hereto. If Petitioners fail to dedicate such land for roadway purposes by recording a proper approved plat therefor by October1 , 1980, the density bonus granted herein shall be void and of no further force and affect. 2 - SECTION TWO: This Ordinance shall be in full force and effect from and after its passage, approval and publica- tion in the manner provided by law. Passed this 5th day of August AYES: Farley, Floros, Miller, Wattenberg NAYS: ~auskis ABSENT: Richardson ~' Approved this 5th day of August , 1980 , 1980. Approved: Attest: Village Clerk RDINANCE NO. 3010 AN ORDINANCE ZONING AND GRANTING A VARIATION FOR PROPERTY AT 1901-1919 GOLF ROAD (THE ROPPOLO PROPERTY) WHEREAS, Marmion Military Academy is the legal owner of a parcel of real estate located in the Village of Mount Prospect, County of Cook and State of Illinois, which is legally described as Parcel That part of Lot 5 ~except the East 662.29 feet, as measured on the South line thereof and except that part thereof, lying within that part of the North West 1/4 of the North East 1/4 of Section 15, which lies West of the a line 1953.60 feet West of, measured on the North line and parallel with the East line of Section 15), described as follows: Commencing at a point on said line, 1953.60 feet West of, measured on the North line and parallel with the East line of Section 15, which is 213.49 feet South of the intersection of said line with the South line of Golf Road (formerly Seeger Road), said line being the North line of said Lot 5; thence Easterly along a line which forms an angle of 89 degrees 56 minutes 40 seconds measured from North to East with said line 1953.60 feet West of and parallel with the East line of Section 15, a distance of 120 feet; thence South on a line parallel with the East line of Section 15, 248.10 feet, more or less, to the South line of the North 1/2 of the North East 1/4 of said Section 15; thence West along said South line, 120 feet to said line, 1953.60 feet West of the East line of Section 15; thence North along said line, 1953.60 feet West of and aprallel with the East line of Section 15, 248.90 feet, more or less to the place of beginning in division of Louis F. Busse Farm, being the North East 1/4 (~except the West 686.4 feet of the North West 1/4 of said North East 1/4 of Section 15, Township 41 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois (hereinafter referred to as "Parcel 1"~; and WHEREAS, Richard and Joanne Mortensan are the legal owners of a parcel of real estate located in the Village of Mount Prospect, County of Cook and State of Illinois, which is legally described as: Parcel 2: That part of Lot 5 (except the East 662.29 feet, as measured on the South line thereof and except that part thereof, lying within that part of the North West 1/4 of the North East 1/4 of Section 15, which lies West of a line 1953.60 feet West of, measured on the North line and parallel with the East line of Section 15) in Division of Louis F. Busse Farm, being the North East 1/4 (except the West 686.4 feet of the North West 1/4 of said North East 1/4) of Section 15, Township 41 North, Range 11 East of the Third Principal Meridian, described as follows: Exhibit A ommencing at the intersection of the above described line, 1953.60 feet West of, measured on the North line and parallel with the East line of Section 15, with the South line of Golf Road (formerly Seeger Road), said line being the North line of said Lot 5; running thence South along Said line, 1953.60 feet West of, measured on the North line, and parallel with the East line of Section 15, a distance of 213.49 feet; thence Easterly along a line which forms an angle of 89 degrees 56 minutes 40 seconds (measured from North to East) with the last described course, a distance of 120 feet; thence North, parallel with the East line of said Section 15, a distance of 170~24 feet to the South line of Golf Road; thence Westerly along the South line of Golf Road, 127.55 feet to the point of beginning, in Cook County, Illinois (hereinafter referred to as "Parcel 2"); and WHEREAS, Vito William and Carl Roppolo are the legal owners of a parcel of real estate located in the Village of Mount Prospect, County of Cook and State of Illinois, which is legally described as: Parcel 3: Lot 11, except the West 150.0 feet thereof, in Meier Brothers' Subdivision, being a subdivision of parts of Sections 10 and 15, Township 41 North, Range tl East of the Third Principal Meridian, in Cook County, Illinois. WHEREAS, Parkway Ba~k~and Trust Co., as Trustee under a Trust Agreement dated and known as Trust No. 4926 and the beneficiary thereof, Roppolo International, Inc., is the owner of record of a parcel of real estate located in the Village of Mount Prospect, County of Cook and State of Illinois which is legally described as: Parcel 4: That part of Lot 5 in Division of Louis F. Busse Farm, being a subdivision of North East 1/4 (except West 686.4 feet of North West 1/4 of North East 1/4 and except road) in Sec- tion 15, Township 41 North, Range 11 East of the Third Principal Meridian, which lies Southerly of the Southerly line of Evanston-Elgin Road and North of the South line of North 1/2 of said North East 1/4 and West of a line 1953.6 feet West (has measured on North line of Section) of East line. of said Section 15, in Cook County, Illinois (~hereinafter referred to as "Parcel 4"~; and WHEREAS, Vito William and Carl Roppol© (ihereinafter referred to as "Petitioners") are the contract purchasers of Parcels 1 and 2; and WHEREAS, Petitioners previously requested that Parcels 1 and 2 be rezoned from the R-X Single Family District to the R-4 Resi- dential Development District under the provisions of the zoning Ordinance of the Village of Mount Prospect (.hereinafter referred to as th~ "Zoning Ordinance") and specified variations from the Zoning Ordinance all as set forth in case numbers ZBA17-Z-79 ZBA8-V-79; and 3 - WHEREAS, a public hearing was held on the Petitioners' requests in case numbers ZBA17-Z-79 and ZBA18-V-79 before the Zoning Board of Appeals of the Village of Mount Prospect on May 3, 1979 pursuant to proper public notice published in the MounH Prospect Herald on April 9, 1979; and WHEREAS, the Zoning Board of Appeals recommended that Petitioners' requests be denied; and WHEREAS, Petitioners have amended their application for rezoning and variations and have now requested that Parcels 1, 2, 3 and 4 (hereinafter referred to as the "Subject Property") be rezoned from the R-X Single Family District to the R-4 Residential Develop- ment District under the provisions of the Zoning Ordinance and that specified variations be granted for the Subject Property, all as set forth in case numbers ZBA74-Z-79 and ZBA75-V-79; and WHEREAS, a spublic hearing was held on Petitioners' requests in case numbers ZBA74-Z-79 and ZBA75-V-79 before the Zoning Board of Appeals of the Village of Mount Prospect on January 24, 1980 pur? suant to proper public notice published in the Mount Prospect Herald on January 8, 1980; and WHEREAS, the Zoning Board of Appeals has recommended that Peti- tioners' requests be denied; and WHEREAS, the Building Committee of the Village Board of the Vil- lage of Mount Prospect has recommended the Petitioners' requests for rezoning and for a variation to permit more than one building per lot be granted and, in addition has recommended that Peti- tioners be granted a ten percent (10%) increase in the density otherwise permitted in the R-4 Residential Development District for the dedication of the land shown on Exhibit A attached hereto and incorporated herein by this reference, for roadway purposes; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined that with respect to the Peti- tioners' requested variation to permit more than one building on a lot, that Petitioners have satisfied the standards for the grant of variations set forth in Section 14.605 of Article VI of the zoning Ordinance and find that it would be in the best interest of the village of Mount Prospect to grant Petitioner the requested variation and rezoning to the R-4 Residential Develop- ment District with a ten percent (10%) density bonus. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT~ COOK COUNTY, ILLINOIS AS FOLLOWS: 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: Map 21-S of the zoning map of the Village of Mount Prospect, Cook County, Illinois, be, and it is hereby, amended by classifying the following described real estate in the R-4 Residential Development District: arcel 1: That part of Lot 5 (except the East 662.29 feet, as measured on the South line thereof and except that part thereof, lying within that part of the North West 1/4 of the North East 1/4 of Section 15, which lies West of a line 1953.60 feet West of, measured on the North line and parallel with the East line of Section 15), described as follows: Commencing at a point on said line, 1953.60 feet West of, measured on the North line and parallel with the East line of Section 15, which is 213.49 feet South of the intersection of said line with the South line of Golf Road (formerly Seeger Road), said line being the North line of said LOt 5; thence Easterly along a line which forms, an angle of 89 degrees 56 minutes 40 seconds measured from North to East with said line 1953.60 feet West of and parallel with the East line of Section 15, a distance of 120 feet; thence South on a line parallel with the East line of Section 15, 248.10 feet, more or less, to the South line of the North 1/2 of the North East 1/4 of said Section 15; thence West along said South' line, 120 feet to said line, 1953.60 feet West of the East line of Section 15; thence'North along said line, 1953.60 feet West of and parallel with the East line of Section 15, 248.90 feet, more or less to the place of beginning in Divi- sion of Louis F. Busse Farm, being the North East .1/4 (except the West 686.4 feet of the North West 1/4 of said North East 1/4 of Section 15, Township 41 North, Range 11 East of the the Third Principal Meridian, in Cook County, Illinois; AND Parcel 2: That part of Lot 5 (except the East 662.29 feet, as measured on the South line thereof and except that part thereof, lying within that part of the North West 1/4 of the North East 1/4 of Section 15, which lies West of a line 1953.60 feet West of, measured on the North line and parallel with the East line of Section 15) in Division of Louis F. Busse Farm, being the North East 1/4 ~except the West 686~4 feet of the North West 1/4 of said North East 1/4) of SectiOn 15, Township 41 North, Range 11 East of the Third Principal Meridian, described as follows: Commencing at the intersection of the above described line, 1953.60 feet West of, measured on the North line and parallel with the East line of Section 15, with the South line of Golf Road (formerly Seeger Road), said line being the North line of said Lot 5; running thence South along said line, 1953.60 feet West of, measured on the Nortk line, and parallel with the East line of Section 15, a distance of 213.49 feet; thence Easterly along a line which forms an angle of 89 degrees 56 minutes 40 seconds ~measured from North to East) with the last described course, a distance of 120 feet; thence North, parallel with the East line of said Section 15, a distance of 170.24 feet to the South line of Golf Road; thence Westerly along the South line of Golf Road, 127.55 feet to the point of beginning, in Cook County, Illinois~ AND arcel 3: Lot 11, except the West 150.0 feet thereof, in Meier Brothers' Subdivision, being a subdivision of parts of Sections 10 and 15, Township 41 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois; AND Parcel 4: That part of Lot 5 in Division of Louis F. Busse Farm, being a subdivision of North East .1/4 (except West 686.4 feet of North West 1/4 of North East 1/4 and except Road) in Section 15, Township 41 North, Range 1! East of the Third Principal Meridian, which lies Southerly of the Southerly line of Evanston-Elgin Road and North of the South line of North 1/2 of said North East 1/4 and West of a line 1953.6 feet West (as measured on North line of Sectionl of East line of said Section 15, in Cook County, Illinois (hereinafter referred to as the "Subject Property"). SECTTON THREE: The President and Board of Trustees of the Village of Mount Prospect hereby grant Petitioners, pursuant to Section 14.1507 of the Zoning Ordinance, a ten percent (10%) increase in the number of units per acre of the Subject Property permitted under Section 14.1501A3 of the Zoning Ordinance for a maximum of 17-1/2 units per acre for the Subject Property provided the Petitioners dedicate to the Village for roadway purposes the land shown on Exhibit A hereto. If Petitioners fail to dedicate such land for roadway purposes by recording a proper approved plat therefor by July 31 , 1980, the density bonus granted herein sha~l be void and of n0 further force and affect. SECTION FOUR: The President and Board of Trustees of the Village of Mount Prospect hereby grant Petitioners a variation from the provisions of Section 14.101 of the Zoning Ordinance to permit more than one building per lot as shown on Exhibit A hereto. SECTION FIVE: Except for the variation granted herein, all other appliCable Village of Mount Prospect ordinances shall remain in full force and effect as to the Subject property. SECTION SIX: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the man- ner provided by law. Passed this 3rd day of June' 1980. AYES: Farley, Floras, Miller, Richardson, Wattenberg NAYS: Murauskis ABSENT: 0 Approved this 3rd day of June~ , 1980. Attest: Village Clerk Approved: Village President