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HomeMy WebLinkAbout5. New Business 06/04/2013Village of Mount Prospect E Community Development Department MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: MAY 24, 2013 SUBJECT: PZ -03 -131 THE COLONY 1475 ENTERPRISE DR. 1 CU (AMEND PUD) & VARIATIONS (FENCE AREA, LOT COVERAGE, OPEN SPACE) The Petitioner is proposing to replace the two tennis courts with a new parking lot, and add a fenced -in dog run just north of the parking lot. A Conditional Use to amend the Planned Unit Development (PUD) (Ord. No. 2424) is required for the proposed improvements. The fence -in dog run would take up approximately two tenths of a percent (.2 %) of the overall fenceable area and requires a Variation. Variations to the overall lot coverage and required open space are also required. Currently, seventy three percent (73 %) (754,055 sq. ft.) of the Subject Property is impervious surface when the maximum allowed is fifty percent (50 %) (515,532.5 sq. ft.). The proposed improvements would reduce the overall lot coverage by approximately 1,555 square feet, bringing it down to 752,500 sq.ft. The Zoning Code requires a minimum of fifty percent (50 %) (376,250 sq.ft.) of the total lot coverage to be devoted to open space. The removal of the tennis courts would reduce the open space down to thirty nine percent (39 %) (293,934 sq.ft.) of the total lot coverage. The Planning & Zoning Commission conducted a public hearing to review the requests on Thursday, May 23, 2093, and by a vote of 4 -1, recommended approval of the following: 1) A Conditional Use to amend PUD Ordinance 2424 to replace the tennis courts with parking stalls; 2) A Variation to allow a fence to enclose two tenths of a percent (.2 %) of the maximum fenceable area for a dog run; 3) A Variation to allow a seventy three percent (73 %) (752,500 sq.ft.) overall lot coverage; and 4) A Variation to reduce the open space from fifty percent (50 %) (376,250 sq.ft.) to thirty nine percent (39 %) (293,934 sq.ft.) of the total lot coverage, subject to compliance with all applicable Village Codes and requirements, including, but not limited to, minimum pavement sections, perimeter curb, landscaping and fighting. Details of the proceedings and items discussed during the Planning and Zoning Commission hearing are included in the attached minutes. Please forward this memorandum and attachments to the Village Board for their review and consideration at their June 4, 2013 meeting. Staff will be present to answer any questions related to this matter. William J. Cooney, Jr. AICP PVf1lvh1h.dS)PLAW1a—iag & Zaneng CAMW&Z 2013 NM MemosWZ -03.13 475 6merpriw Dr(CU -Amend PUD & VARs).dmx gin€ Road. Suite 100, Rosemont Iffinois 60 013 PhvitN: (847) 696 .;(!o(? i'ux: (84'1) 696-4061 May 28, 2013 ITE MHOPMEtdr ENGINEERS AND SURVEYORS Bill Cooney Director of Community Development Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 Waiver of Second Reading PZ•- 03-13 The Colony (SPACECO Project No. 7444) Dear Mr. Cooney: The Plan Commission approved our requests for a Conditional Use and three (3) Variations at the May 23r Plan Commission Meeting. The Village Board is scheduled to meet at their regular meeting on June 4, 2013. We would like to request the Village Board waive the second reading and take final action at the June 4, 2013 meeting. If you should you have any questions regarding the above please don't hesitate to contact me. Very Truly Yours, William J I ski, P. E. Vice Presi ent The Colony Apartment Complex Page 1 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -03 -13 PROPERTY ADDRESS: PETITIONER: PUBLICATION DATE: PIN NUMBER(s): Hearing Date: May 23, 2013 475 Enterprise Drive SPACECO, Inc. May 8, 2013 08 -23- 402 - 004 - 0000,08 -23 -402- 005 -0000 08 -23- 402 - 006 - 0000,08 -23- 402 -013 -0000 REQUESTS: 1) Conditional Use to amend the PUD to replace the tennis courts with parking stalls 2) Variation to the fence area requirements 3) Variation to increase the overall lot coverage 4) Variation to reduce the PUD open space MEMBERS PRESENT: MEMBERS ABSENT: STAFF MEMBERS PRESENT: INTERESTED PARTIES: Joseph Donnelly, Chair Tom Fitzgerald Keith Youngquist Leo Floros Jacqueline Hinaber William Beattie Sharon Ottoman Consuelo Andrade, Senior Planner Brian Simmons, Deputy Director of Community Development Chairman Donnelly called the meeting to order at 7:32 p.m. Mr. Youngquist made a motion, seconded by Mr. Floros to approve the minutes of the March 28, 2013 Planning & Zoning Commission meeting; the minutes were approved 5 -0. Chairman Donnelly introduced Case PZ- 03 -13, 475 Enterprise Drive at 7:34 p.m. Ms. Andrade said the Petitioner is seeking approval of a Conditional Use to amend the PUD to replace the existing tennis courts with parking spaces, and Variations related to the overall lot coverage, open space and fence area requirements at 475 Enterprise Drive. Ms. Andrade stated the Subject Property is located on the west side of Elmhurst Road, north of Oakton Street and contains a multi- family residential apartment complex known as The Colony. Joseph Donnelly, Chair PZ -03 -13 Planning & Zoning Commission Meeting May 23, 2013 Page 1 of 6 Ms. Andrade also stated the Subject Property currently includes twenty five (25) apartment buildings, a multi -use building, and outdoor recreational areas including a swimming pool, tennis courts, sand volleyball courts, a playground, and a basketball court and two tennis courts. Ms. Andrade stated that the Petitioner would like to replace the two tennis courts, with a new parking lot for additional parking spaces for the complex. She also stated the Village Board approved a Planned Unit Development for the Subject Property in 1973. Ms. Andrade further explained that conditional use permits are required to be amended when there is any modification or intensification of the use, which alters the essential character or operation of the use in a way not intended at the time the Conditional Use was granted. The proposed replacement of the tennis courts with a new parking lot and dog run requires the amendment. Ms. Andrade stated, per the Petitioner's site plan, the parking lot would include forty -five (45) additional parking spaces and a fenced a dog run just North of it. The dog run would measure fifteen feet (15') wide by one hundred and fifteen feet (115') long. Ms. Andrade stated since the fenced in area would take up 1,725 square feet, which would be approximately two tenths of a percent (.2 %) of the overall fenceable area, a Variation is needed for the fenced in dog run. Ms. Andrade explained that currently the Subject Property exceeds the maximum lot coverage allowed, Per code up to fifty percent (50 %) of the lot can be paved. Ms. Andrade stated the existing conditions indicate that the property consists of seventy -three percent (73 %) of the lot area being paved and that the proposed improvements would reduce the overall lot coverage by approximately 1,555 square feet. Therefore, Ms. Andrade stated a Variation is required as the property would still exceed the overall lot coverage allowed and that the Petitioner is seeking a Variation to allow a seventy three percent (73 %) (752,500 sq.ft.) overall lot coverage. Ms. Andrade also stated the Subject Property does not comply with the PUD's open space requirements. She stated the zoning code requires a minimum of fifty percent (50 %) of the total lot coverage be devoted to open space; currently the Subject Property provides forty percent (40 %) (303,962 sq.ft.) of the total lot coverage as open space. Ms. Andrade explained the proposed improvements would reduce the open space requirements by eliminating the tennis courts from forty percent (40 %) to thirty-nine (39 %); therefore, the Petitioner is also seeking a Variation to the open space requirements. Ms. Andrade stated the parking requirements are based on the amount of dwelling units and bedrooms per the current code. However, Ms. Andrade explained back when the PUD was approved the Village Board granted a variation to the parking requirements. The Variation allowed a one and one half (1.5) space per dwelling unit parking requirement for the Subject Property. Ms. Andrade summarized the parking requirements with the table below; showing that the Subject Property is currently under- parked. Joseph Donnelly, Chair PZ -03 -13 Planning & Zoning Commission Meeting May 23, 2013 Page 2 of 6 Parking Requirements: Number of Dwelling Units g Parking Requirement Required Parking 783 1.5 spaces per unit 1,175 Current Parking Providing 1,112 Current Shortage 63 Parking Proposed 1,143 Gain 31 Proposed Shortage 32 Ms. Andrade stated the standards for Conditional Uses are Iisted in Section 14.203.17.8 of the Village Zoning Ordinance and include seven specific findings in order to approve a Conditional Use. Ms. Andrade summarized the following in regards to Conditional Uses: • The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; • The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; • There is adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets; and Ms. Andrade explained that Staff found the request to amend the Planned Unit Development satisfied the standards for a Conditional Use. She stated the overall use of the property as a residential PUD is not significantly altered based on the proposed plans and that no changes were proposed that would increase the density, access to the site, or other conditions that would affect neighboring properties. Ms. Andrade also stated the improvements could be considered internal to the PUD and would primarily affect residents residing within. Ms. Andrade further explained while the impact to neighboring properties is limited, the amendment to the PUD will still require significant variations from the Village Code in order to approve the request. Ms. Andrade stated that based on the variations, Staff was not supportive of the proposed amendment to the PUD. Ms. Andrade also stated the standards for a Variation are listed in Section 14.203.C.9 of the Village Zoning Ordinance and include specific findings that must be made in order to approve a Variation. Ms. Andrade summarized the following list of findings: • A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; • Lack of desire to increase financial gain; and • Protection of the public welfare, other property, and neighborhood character. Joseph Donnelly, Chair PZ -03 -13 Planning & Zoning Commission Meeting May 23, 2013 Page 3 of 6 Ms. Andrade stated the Petitioner's need for a dog run did not constitute a physical hardship unique to this property, and the Subject Property includes open green areas where dog owners can walk their dogs. Therefore, the alleged hardships presented in this case are directly related to the property owner's own interest in the property and not by the Village Code. Ms. Andrade also stated that the Staff was not supportive in regards to the Petitioner's variation request to increase the overall lot coverage because the lot coverage would far exceed the maximum permitted by code. Ms. Andrade stated there were no unique conditions that existed on the Subject Property that would not exist on other properties. Therefore, the need for parking does not constitute physical hardships unique to this property to support the open space Variation. Ms. Andrade summarized that the Staff's recommendations of the proposed amendment to the PUD and associated variation requests for fence area, lot coverage, and PUD open space do not meet the Conditional Use standards contained in Section 14.203.F.8 of the Zoning Ordinance and variation standards established in Section 14.203.0,9. Ms. Andrade stated, based on the findings that the Planning & Zoning Commission recommend denial of the following motions: A. A Conditional Use to amend PUD Ordinance 2424 to replace the tennis courts with parking stalls; B. A Variation to allow a fence to enclose two tenths of a percent (.2 %) of the maximum fenceable area for a dog run; C. A Variation to allow a seventy three percent (73 %) (752,500 sq.ft.) overall lot coverage; and D. A Variation to reduce the open space from fifty percent (50 %) (376,250 sq.ft.) to thirty nine percent (39 %) (293,934 sq.ft.) of the total lot coverage. Ms. Andrade stated, if the request were to be approved the Petitioner should be subject to Compliance with all applicable Village Codes and requirements, including, but not Iimited to, minimum pavement sections, perimeter curb, landscaping and lighting. Ms. Andrade frnaIly stated that the Village Board's decision is final for the case. Chairman Donnelly asked the board if they had any questions or comments regarding the Subject Property. Commissioner Youngquist asked what form of detention was on the site, and where they were located. Ms. Andrade replied there was not one specific above grade detention pond on the property. Mr. Simmons clarified that they are dry basins located to the right of the pool on the aerial drawing. Commissioner Flores asked how the Petitioner would be gaining thirty-one (3 1) parking spaces, when the report stated they requested forty-five (45) spaces. Ms. Andrade stated that the proposal included the removal of an existing row of parking spaces that are right next to the tennis courts. Therefore, the new parking lot would provide a gain of thirty-one (3 1) Chairman Donnelly swore in William Zalewski (SpaceCo) 9575 W. Higgins Rosemont, Illinois 60018. He also swore in Diane Daubenspeck (The Colony Apartments) 475 Enterprise Drive Mount Prospect, Illinois 60056. She is the regional property manager with Home Properties. Joseph Donnelly, Chair PZ -03 -13 Planning & Zoning Commission Meeting May 23, 2013 Page 4 of 6 Ms. Daubenspeck explained the need for more parking at The Colony Apartments, and how much of an inconvenience it is to the current residents that there aren't enough parking spaces to accommodate the residents. Ms. Daubenspeck stated that the dog run is an amenity that has become very popular in the Northwest Suburbs and that it is a growing need within the community at The Colony. Ms. Daubenspeck stated that she was aware that building codes change over the years and that they are trying to become closer to the code and meet the current conditions for the parking. She also stated the parking has been reduced because they have had to comply with the current handi - capped parking space requirements. Ms. Daubenspeck stated the Colony is looking to give its residents the same quality of life they would have living in. a single family home including convenient parking and the amenity of a dog run. Chairman Donnelly asked the board if they had any questions Commissioner Youngquist asked if all of the buildings were dog friendly. Ms. Daubenspeck replied that the buildings surrounding the dog run would be made "dog friendly ". She stated, currently none of the buildings allow dogs because there is nowhere for them to run. Commissioner Youngquist stated he has had bad experiences with dog parks, and asked about the specific intended use of the dog run. Ms. Daubenspeck replied that the dog run would be specifically used for playtime for the dog supervised by the owner. Ms. Daubenspeck also stated that they would have twelve (12) restricted aggressive breeds that will not be allowed on the property. Commissioner Youngquist asked if they would have a weight limit on the dogs that they allowed. Ms. Daubenspeck stated that the only limiting factor would be the breed. Commissioner Hinaber stated she wasn't sure there was a significant need for the dog run because there seemed to be more than enough green space on the property for people to walk their dogs on a leash. Commissioner Hinaber pointed out that this method seems to work in other neighborhoods. Ms. Daubenspeck explained that research showed residents stayed longer in the apartments and the resident turnover decreased in a neighboring apartment complex which housed a dog run for their residents. Mr. Zalewski stated that dog runs were not specifically stated as an amenity in the Village's ordinances. He also clarified that they could fence up to fifty percent (50 %) of the property to comply with Village Code and hypothetically call the entire portion a dog run. Mr. Zalewski stated that they have to request the variance because it is small portion being fenced off. Commissioner Youngquist stated that the fencing restrictions help regulate so that dog runs aren't being constructed in private backyards. Ms. Daubenspeck clarified the dog run isn't a place for people to leave their dog unattended for hours at a time. She stated it is strictly for owners to interact with their dogs safely. Mr. Zalewski stated that current drainage would not be compromised with the removal of the tennis courts. Joseph Donnelly, Chair PZ -03 -13 Planning & Zoning Commission Meeting May 23, 2013 Page 5 of 6 Commissioner Floros asked if the tenants would be upset for removing the tennis courts. Ms. Daubenspeck said they aren't used for the intended use and there are perfectly maintained public tennis courts a few blocks away. Chairman Donnelly asked if there was anyone else in the audience to address this matter. Hearing none, he closed the public portion of the case at 8:06 p.m. and brought the discussion back to the board. Commissioner Floros made a motion, seconded by Commissioner Hinaber to approve the Conditional Use Amend PUD and Variations to the Lot Coverage, Open Space, and Fence Area. UPON ROLL CALL: AYES: Hinaber, Youngquist, Floros, Donnelly NAYS: Fitzgerald The motion was approved 4 -1. The Village Board's decision is final for this case. After hearing one (1) additional case, Commissioner Floros made a motion, seconded by Commissioner Hinaber to adjourn at 8 :24 p.m. The motion was approved by a voice vote and the meeting was adjourned. Je a oder, Comm pity Development A i istrative Assistant Joseph Donnelly, Chair PZ -03 -13 Planning & Zoning Commission Meeting May 23, 2013 Page 6 of 6 Village of Mount Prospect mm" �" Community Development Department CASE SUMMARY — PZ- 03 -13 Mill M_ LOCATION: 475 Enterprise Drive VILLAGE OF PETITIONER: SPACECO, Inc. MT. PROSPECT OWNER: Home Properties PARCEL #s: 08 -23 -402- 004 -0000, 08 -23- 402 - 005 -0000, 08 -23- 402 -006 -0000, 08 -23 -402- 013 -0000 LOT SIZE: 23.67 acres (1,031,065 square feet) ZONING: R4 Multi - Family Residence PUD LAND USE: Multi - Family Residential REQUEST: 1) Conditional Use to amend the Planned Unit Development to replace the tennis courts with parking stalls 2) Variation to the fence area requirements 3) Variation to increase the overall lot coverage 4) Variation to reduce the PUD open space LOCATION MAP • Village of Mount Prospect Community Development Department MEMORANDUM TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION JOSEPH DONNELLY, CHAIRPERSON FROM: CONSUELO ANDRADE, SENIOR PLANNER DATE: MAY 8, 2013 HEARING DATE: MAY 23, 2013 T Alaum SUBJECT: PZ-03 -13 / AMENDMENT TO PUD & VARIATIONS / 475 ENTERPRISE DRIVE BACKGROUND A public hearing has been scheduled for the May 23, 2013 Planning & Zoning Commission meeting to review the application by SPACECO (the "Petitioner ") regarding the property located at 475 Enterprise Drive (the "Subject Property"). The Petitioner is seeking a Conditional Use to amend the Planned Unit Development (PUD) to replace the existing tennis courts with additional parking stalls, and Variations to the lot coverage, PUD open space, and fence area requirements. The P &Z hearing was properly noticed in the May 8, 2013 edition of the Journal Topics Newspaper. In addition, Staff has provided written notice to property owners within 250 -feet and posted a Public Hearing sign on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located at the west side of Elmhurst Road, north of Oakton Street. The Subject Property is a multi- family residential apartment complex known as The Colony. The Subject Property is zoned. R4 MuIti- Family Residence PUD and is bordered by the Il Limited Industrial District and B3 Community Shopping District to the north, the I1 Limited Industrial District and unincorporated Cook County to the west, Des PIaines to the east, and unincorporated Cook County and Des Plaines to the south. The Subject Property currently includes twenty five (25) apartment buildings, a multi -use building, 1,112 parking stalls, and recreational areas. Each apartment building measures three (3) stories tall. The multi -use building measures two (2) stories tall and consists of the leasing office and a community center, including a fitness center, computer room, and gathering space. The outdoor recreational amenities include a swimming pool, tennis courts, sand volleyball courts, a playground, and a basketball court. SUMMARY OF PROPOSAL The Petitioner would like to replace the two tennis courts, which are located at the west end of the property, in between buildings nine (9) and ten (10), with a new parking lot consisting of forty five (45) parking spaces. In addition, the Petitioner would like to construct a dog run. 0 The Village Board approved a Planned Unit Development in May 1, 1973 (Ord. No. 2424) for the Subject Property. Conditional Use permits must be amended when there is any modification or intensification of the use, which alters the essential character or operation of the use in a way not intended at the time the Conditional Use was granted. The proposed replacement of the tennis courts with a new parking lot and dog run requires the amendment. PZ -03 -13 0 Planning & Zoning Commission meeting May 23, 2013 Page 3 GENERAL ZONING COMPLIANCE The Subject Property is nonconforming with respect to the density, overall lot coverage, PUD open space, parking Iot setbacks, and parking spaces. Density Per the Petitioner, the Subject Property consists of 783 dwelling units, which equals to thirty three (33) units per acre. The R4 District's maximum density allowed is sixteen (16) dwelling units per acre. The density is considered non - conforming and will not be changing with the Petitioner's proposal. Fence The Petitioner would like to add a fenced -in dog run just north of the proposed parking lot. Per the Petitioner's Site Plan, the dog run would measure fifteen feet (15') by one hundred and fifteen feet (115'). The fenced in area would take up 1,725 square feet, which would be approximately two tenths of a percent (.2 %) of the overall fenceable area. Since the proposed fenced -in dog run would enclose approximately two tenths of a percent (.2 %) of the maximum fenceable area, the Petitioner is seeking a Variation to allow the proposed 1,725 square foot fence- in area for a dog run. The Petitioner did not submit detail for the fence that will enclose the dog run. The fence will be required to comply with the Zoning Code's maximum height restriction. The Petitioner will be required to submit a fence detail at the building permit stage. Lot Coverage Currently, the Subject Property exceeds the maximum lot coverage allowed. Seventy three percent (73 %) (754,055 sq. ft.) of the Subject Property is impervious surface when the maximum allowed is fifty percent (50 %) (515,532.5 sq. ft.). The proposed improvements would reduce the overall Iot coverage by approximately 1,555 square feet. However, a Variation is required as the property would still exceed the overall lot coverage allowed. The Petitioner is seeking a Variation to allow a seventy three percent (73 %) (752,500 sq.ft.) overall lot coverage. PUD Open Space Requirements The Subject Property also does not comply with the PUD's open space requirements. The Zoning Code requires a minimum of fifty percent (50 %) of the total lot coverage to be devoted to open space. Open space is limited to specific areas, such as recreation open spaces, private yards, open areas, retentions ponds, water features, and buffer open space. The Subject Property currently provides forty percent (40 %) (303,962 sq.ft.) of the total lot coverage as open space when the code requires a minimum of 377,027.5 sq.ft. The proposed improvements would reduce the open space by eliminating the tennis courts. The proposed improvements would provide thirty nine percent (39 %) (293,934 sq.ft.) of the total lot coverage as open space. The Petitioner is seeking approval to reduce the open space from fifty percent (50 %) (376,250 sq.ft.) to thirty nine percent (39 %) (293,934 sq.ft.) of the total lot coverage. The existing buildings on the Subject Property comply with the building setback requirements. The parking lot, however, does not meet all of the required setbacks. The parking lot setbacks located along the south, west, and north lot lines, do not meet the required ten foot (10') setback requirement. The parking lot setbacks are considered non - conforming and will not be changing with the Petitioner's proposal. The following table summarizes the R4 District's bulk requirements and the existing and proposed conditions A i PZ -03 -13 Planning & Zoning Commission meeting May 23, 2013 Page 4 Parking Requirements The Village Board approved a Variation (Ord. No. 2423) to the parking requirements back in 1973 when the PUD was approved. The Variation allowed a one and one half (1.5) space per dwelling unit parking requirement for the Subject Property. The Subject Property consists of 783 dwelling units and the Plat of Survey provided indicates the presence of 1,112 parking spaces. Therefore, the property is short 63 spaces from the 1,175 required parking. The Petitioner's proposed improvements would increase the overall parking to 1,143 spaces, reducing the deficit to thirty-two (32) spaces. The table below summarizes the parking requirements for the Subject Property: Parking Requirements: Number of Dwelling Units R4 Code Requirements Existing Proposal 1.5 spaces per unit Max. 16 units per acre 33 units per acre 1,112 Density (2,700 sq.ft. of lot area (1,317 sq.ft. of lot area No Change Gain p er dwelling unit ) pper dwelling unit 32 Setbacks: Front (Elmhurst) Min. 30' 32' building / 100' parking lot No Change Front (Oakton ) Min. 30' 30' building 26' parking lot i No Change Side (west lot line ) Min. 10' 57' building/ 3' parking lot No Change Side (north lot line on east end Min. 10' 49' building / 4' parking lot No Change Rear (north lot line on west end Min. 25' 70' building 2' parking lot No Change of Coverage Max. 50% of lot area 73% 73/ 515,532.5 s A. 754, 055 s . t. 752,500 s . t. Open Space Min. 50% of lot coverage 40% 39% (303, 962 s . t. 93,934 s . t. [Il eight Max. 35'- 3 Stories 3 stories No Change Parking Requirements The Village Board approved a Variation (Ord. No. 2423) to the parking requirements back in 1973 when the PUD was approved. The Variation allowed a one and one half (1.5) space per dwelling unit parking requirement for the Subject Property. The Subject Property consists of 783 dwelling units and the Plat of Survey provided indicates the presence of 1,112 parking spaces. Therefore, the property is short 63 spaces from the 1,175 required parking. The Petitioner's proposed improvements would increase the overall parking to 1,143 spaces, reducing the deficit to thirty-two (32) spaces. The table below summarizes the parking requirements for the Subject Property: Parking Requirements: Number of Dwelling Units Parking Requirement Required Parking 783 1.5 spaces per unit 1,175 Current Parking Providing 1,112 Current Shortage 63 Parking Proposed 1,143 Gain 31 Proposed Shortage 32 The Petitioner did not submit a landscape or photometric plan as part of the zoning submittal. The Petitioner has not requested any relief from the landscape or lighting requirements and will be required to comply with the Code requirements. A landscape plan, photometric plan, and fixture cutsheets will be required for the new parking lot at the building permit stage. PZ -03 -13 • Planning & Zoning Commission meeting May 23, 2013 CONDITIONAL USE STANDARDS Page 5 The standards for Conditional Uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional Use. The following list is a summary of these findings: • The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; • The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; • There is adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets; and • The request is in compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. In general Staff finds the request to amend the PUD to replace the tennis courts with parking satisfies the standards for a Conditional Use. The overall use of the property as a residential PUD is not significantly altered based on the proposed plans. No changes are proposed that would increase density, access to the site, or other conditions that would affect neighboring properties. The improvements could be considered internal to the PUD and would primarily affect residents residing within. While the impact to neighboring properties is limited, the amendment to the PUD will still require significant variations from the Village code in order to approve. Based on these variations staff is not supportive of the proposed amendment to the PUD. VARIATION STANDARDS The standards for a Variation are listed in Section 14.203.C.9 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Variation. The following list is a summary of these findings: • A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; • Lack of desire to increase financial gain; and • Protection of the public welfare, other property, and neighborhood character. The project requires relief from the fence area, lot coverage, and PUD open space requirements. The Petitioner is requesting the fence area Variation for a dog run. Per the Petitioner, the dog run will be an amenity to the residents. The dog run will be located within the central portion of the complex and will not adversely affect or require an increase use of the existing facilities. While Staff can appreciate the Petitioner's desire to add an amenity for the dog owners in the complex, there are no unique conditions that exist on the Subject Property that would not exist on other properties. The need for a dog run does not constitute a physical hardship unique to this property. The Subject Property includes open green areas where dog owners can walk their dogs. Therefore, the alleged hardships presented in this case are directly related to the property owner's own interest in the property and not by the Village Code. The Petitioner is seeking a variation to increase the overall lot coverage. As mentioned earlier, the Subject Property currently exceeds the maximum lot coverage allowed. The Village Code did not include lot coverage restrictions when the PUD was originally developed. The proposed improvements would reduce the overall lot coverage by approximately 1,555 square feet. However, a Variation is required as the property would still exceed PZ -03 -13 Planning & Zoning Commission meeting May 23, 2013 • Page 6 the overall lot coverage allowed. Staff is not supportive of this request as the resulting lot coverage will far exceed the maximum permitted by code. Finally, the Petitioner is seeking a Variation to reduce the PUD's open space. The Subject Property currently provides forty percent (40 %) (303,962 sq.ft.) of the total lot coverage as open space when the code requires a minimum of fifty percent (50 %) (377,027.5 sq.ft.). The proposed improvements would reduce the open space by eliminating the tennis courts and replacing it with parking spaces. Per the Petitioner, the tennis courts are rarely, if at all, used by the residents. The addition of parking spaces would benefit the residents the most. Staff is not supportive of the reduction of the recreational amenities. While Staff can appreciate the Petitioner's need for additional parking, there are no unique conditions that exist on the Subject Property that would not exist on other properties. The need for parking does not constitute physical hardships unique to this property to support the open space Variation. RECOMMENDATION The proposed amendment to the PUD and associated variation requests for fence area, lot coverage, and PUD open space do not meet the Conditional Use standards contained in Section 14.203.F.8 of the Zoning Ordinance and variation standards established in Section 14.203.C.9. Based on these findings Staff recommends that the Planning & Zoning Commission recommend denial of the following motions: "To approve: A. A Conditional Use to amend PUD Ordinance 2424 to replace the tennis courts with parking stalls; B. A Variation to allow a fence to enclose two tenths of a percent (.2 %) of the maximum fenceable area for a dog run; C. A Variation to allow a seventy three percent (73 %) (752,500 sq.ft.) overall lot coverage; and D. A Variation to reduce the open space from fifty percent (50 %) (376,250 sq.ft.) to thirty nine percent (39 %) (293,934 sq.ft.) of the total lot coverage, subject to compliance with the following conditions: 1. Compliance with all applicable Village Codes and requirements, including, but not limited to, minimum pavement sections, perimeter curb, landscaping and lighting." The Village Board's decision is final for this case. I concur: - William J. Cooney, AI P, Director of Communi Development H:'TLANIPlarming & Zoning CAMMIP&Z 20131.Staff RoportslPZ-03 -17 475 Ewrytis Dr. (Ammdmcm to PUD & Varialions).dax rd5P5 W lfIig irtrr RfnrlrrJl 'v,wke 700 fflhrw !s 6OOlk if °N , aF4,7 96 4 060 1 a (dU47) 6 9 6 1, 0; , April 10 2013 �11111111111111111111 us Consuelo Andrade Village of Mount Prospect r i ,aori� rYitlrlllb �lir �)rrr,)Ai, lliic 50 S. Emerson Street Mount Prospect, IL 60056 Adde inid IuLI uu n O SlL III °xira tta Ills II hie CdVoiiii , IIIMCHLI1111�'f III iiiosllpect (SPACECO Project No. 7444) Dear Ms. Andrade: Exhibit C has been revised. The original Exhibit C had two (2) landscape islands in the proposed parking lot expansion at 4.5' wide. The minimum landscape width allowed by the code is 7 feet. The enclosed Exhibit C has been revised to indicate the two (2) landscape islands to be increased accordingly. This revision has changed a couple of items: • The proposed parking stalls have been reduced from an increase of 34 to an increase of 32. This results in a proposed total of 1,123 instead of a proposed total of 1,125. • The total pervious area has increased by 299 sf, this is 0.029% which is negligible considering the entire site. We have also include an Exhibit H, it shows the location of the proposed parking lot improvements as it relates to the property lines. Enclosed please find: 1. 20 copies of revised Exhibit C, 11 x 17. 2. 2 copies of revised Exhibit C, 24 x 36. 3. 20 copies of Exhibit H, 11 x 17. 4. 2 copies of Exhibit H, 24 x 36. 5. The Original Zoning Request Application 6. CD of the above, including this letter. If you should you have any questions regarding the above please don't hesitate to contact me. Very Truly Yours, �rw;�III�A °I °Illllllllt °t��� ':III':ui °�i�:° William J I ski, P.E. lice Presi ent The Colony Apartment Complex Page 1 SNi1bW 3t1 31b0 'ON SIONIIII 133dS0}ld '1W S1N3WIHVdtl ANOIOO nsroel vn� oan es. oa. ay o 1191HX3 i z o I N C 6 F W H V 0 2 oz ZD Yota 3AItl0 3NtlMtll30 M W <02 K a LUCE Lozo X o < W O oc a _ °a o P 82'B -B f9 SNWW3t1 31b0 'ON SIONIIII '133dS0}ld '1W S.LN3WIHVdtl ANOl00 ns roel�oan es. oa. ay m l ip - H 1181HX3 avow is9n — M „S£,L£.os 62'£62 M „92,Bb.00S ,90'bl5 2 r 2 O U O I 2 a w N W ° 0 a M „0£,B£.00S a ,00'08b 082' +L 1 1286.23' N00 °42'05 "E 1 h �YAN HirggiFaf""', Utioad C(QI�>lll;ll�lJ�Jl�I)lJf I'(((( April 4, 2013 VIII iiii �m VIII Ill re CdIa , IIIYft t i r" VIII ' iiii IIII' ° TAB DESCRIPTION Na rrative 1 Zoning Request Application 2 Legal Description and ALTA 3 Parking and Apartment Unit Information 4 Deed 5 PIN's and Map of Parcel's with PIN's 6 Receipt of Paid Taxes 7 Standards for Conditional Use Approval — Fenced Areas 8 Standards for Conditional Use Approval — Open Space 9 Standards for Conditional Use Approval — Pervious Area 10 Standard for Variations — Fenced Areas 11 Standard for Variations — Open Space 12 Standard for Variations — Pervious Area 13 Ordinance 2424 for the Colony PUD, March 16, 1973 14 Grant of Easement to Village of Mount Prospect, June 4, 1975 15 Exhibit A — Site Map 16 Exhibit B — Existing Conditions, Tennis Courts & Parking 17 Exhibit C — Proposed Conditions, Dog Run & Parking 18 Exhibit D & E — Existing and Proposed Open Space 19 Exhibit F & G — Existing and Proposed Pervious Areas rd5P5 W UfI g qir r s 'v"wke 700 fflhrw !s 6OOlk if °N , aF4'7 96 4 060 I( (dU47) 6 9 6 1, 0; ,'v,5 April 4, 2013 Consuelo Andrade Village of Mount Prospect r i ,aori� rYitlrlllb �lir �)rrr,)Ai, lliic 50 S. Emerson Street Mount Prospect, IL 60056 4a iinii f ii ve II hie cdVoiiiii ,Ill iCHL11111111' III'"iii 06llp�ec :t (SPACECO Project No. 7444) Dear Ms. Andrade: SPACECO, Inc. is acting as the agent for Home Properties, the owner and manager, of The Colony Apartment Complex located at the Northwest corner of Elmhurst Road and Oakton Street. The Colony Apartments have two (2) Tennis Courts located near the West side of their complex that are underutilized (see Exhibit A). Home Properties would like to remove the Tennis Courts and replace them with additional parking and a dog run. By removing the Tennis Courts we are required to: 1. Amend the existing PUD. 2. Request variations to the Code: I. Allow a fenced -in Dog Run — because the area of the Dog Run is less than 50% of the maximum fenceable area. II. Allow the Open Space area to be less than the minimum of 50% of the total site area — this condition exists today and the actual percent of change would be small compared to the site. III. Allow the impervious area to be greater than 50% of the total site area — currently the impervious area exceeds 50% and the percent change would be small compared to the site. Vairliiai'doin The total area of The Colony is 23.67 Acres (1,031,065 sf). The code requires a Fenced -In Area to be a minimum of 50% of the total site or 11.84 Acres (151,532 sf). There are allowances to the code; swimming pools, tennis courts, etc. but the code does not address Dog Runs. The proposed Dog Run would be located north of the existing Tennis Courts and the fenced -in area would be approximately 1,725 sf or 0.167% of the total site area. The existing Tennis Court is 12,019 sf or 1.166% of the total site area. Vairliiai'doin The total area of The Colony is 23.67 Acres (1,031,065 sf). The code requires the Open Space to be a minimum of 50% of the total site or 11.84 Acres (151,532 sf). Currently, the total Open Space area is 6.978 Acres (303,962 sf) or 29.48% (Exhibit D). The proposed parking lot addition would reduce the Open Space to 6.740 Acres (293,635 sf) or 28.48% (Exhibit E). This is a net loss of 1.00% of Open Space. The Colony Apartment Complex Page 1 Vairiiiau aiioin The total area of The Colony is 23.67 Acres (1,031,065 sf). The code requires the Pervious Area to be a minimum of 50% of the total site or 11.84 Acres (151,532 sf). Currently, the total pervious area is 6.359 Acres (277,010 sf) or 26.87% Exhibit F). The proposed removal of the Tennis Courts and addition of the parking lot would increase the pervious area to 6.388 Acres (278,266 sf) or 26.99% (Exhibit G). This is a net gain of 0.12 % of pervious area. S iii IIrn IIrn a III' The addition of 33 parking stalls would be beneficial to the residents of Buildings 9 and 10 (see Exhibit A) since the residents parking in these two (2) buildings have a greater distance to walk to the parking areas when compared to the residents of other buildings. Dog Runs are not specifically addressed in the code but would be an amenity to the residents of The Colony that own dogs. The net changes in Open Space and Pervious areas are very small when compared to the overall site. Not included in this submittal package are the landscaping and photometric plans. Home Properties agrees to provide these plans conditional to the approval of the Dog Run, Parking Lot expansion and removal of the Tennis Courts. The cost to provide these plans range between $2,500 and $3,000 and a postponement of this part of the submittal is requested. If you should you have any questions regarding the above please don't hesitate to contact me. Very Truly Yours, � � °Illllllllt °t��� ':III':ul °�i�:° William J I ski, P.E. vice Presi ent The Colony Apartment Complex Page 2 VILLAGE OF MOUNT PROSPECT Prospea IF COMMUNITY DEVELOPMENT DEPARTMENT — Planning Division 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847.818.5328 FAX 847.818.5329 Zoning Request Application z Case Number Telephone (day) P8Z - t~ - Variation from Sections 14.304 D.d. 14.504 D. Development Name /Address a Telephone (evening) O Fro , O SPACECO, Inc. Date of Submission :w A I Hearing Date a 9575 West Higgins Road, Suite 700 O Name Zoning Request(s): Telephone (day) ® Conditional Use for Amending Existing PUD ❑ Zoning Map Amendment: From to William J Zalewski Variation from Sections 14.304 D.d. 14.504 D. ® and 14.1304 C ❑ Text Amendment: Section(s) Telephone (evening) Qffiee QnYy)w SPACECO, Inc. ���z ��3 ❑ Other: Street Address Fax a 9575 West Higgins Road, Suite 700 w z x Z Summary of Requested Action(s): The owners (Home Properties) of The Colony Apartment Complex would like State Zip Code G to amend the PUD and obtain variances to allow for the removal of the under - utilized Tennis Courts (variance Rosemont IL N for Open Space), add a Dog Run (variance required for fencing in a small area) and add 33 parking stalls U Interest (variance for Open Space and percent of impervious area). The Colony encompasses approximately 23.6 acres and the variances requested are in line with the current use when compared to existing verse proposed conditions. O Name Telephone (day) .. F d William J Zalewski 847 - 696 -4060 x429 Corporation � Telephone (evening) G SPACECO, Inc. 630 -569 -9224 Street Address Fax q p 9575 West Higgins Road, Suite 700 847 - 696 -4065 z City State Zip Code Email 19 Rosemont IL 60018 balewski@spacecoinc.com U Interest in Property Engineer representing the owner (Home Properties) Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 1 TDD 847.392.6064 Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois www.mountprospect.org Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 ❑ Property owner same as applicant i Name Telephone (day) A z L Diane Daubenspeck 847 - 460 -6727 zo � Lot Area (Sq.Ft) Zoning District H Corporation Telephone (evening) 1,031,065 Home Properties 847 - 274 -9417 U Street Address Fax z . 501 Enterprise Drive, Suite 102 847 - 640 -6797 Front City State Zip Code Email 690' (South) Mount Prospect IL 60056 dianeda @homeproperties.com Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois www.mountprospect.org Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 Address(es) (Street Number, Street) Same, Unchanged The Colony Request Approval (attach additional sheets if necessary) Lot Area (Sq.Ft) Zoning District Total Building Sq. Ft. Sq. Ft. Devoted to Proposed 1,031,065 R-4 7,717 sf Average (29 Bldgs) Use Setbacks: � a w z Front Rear Side Side parking by 34 stalls. 690' (South) 480' (North) 144' (West) 150 (East) Code requirements for Open Space, Pervious Area or minimum fenced -in area. Hours of Operation 9amto Building Height Lot Coverage ( %) Standard Parking Spaces Accessible Parking Spaces NA 26.87% 1,091 21 Adjacent Land Uses: North South East West E w . Commercial Industrial Commercial Mixed Use Property Index Number(s): -- -- -- -- z — — — — SEE ATTACHED 1-4 -- -- - -- - -- attach additional sheets if necessa - - -- Legal Description (attach additional sheets if necessary) w SEE ATTACHED — FROM ALTA Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois www.mountprospect.org Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 Proposed Land Use (as listed in the zoning code's land use table) Same, Unchanged Describe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Standards for the Zoning Request Approval (attach additional sheets if necessary) W No work is proposed for any of the existing buildings. The proposed improvements are an keeping with the G Qn current use. � a w z Home Properties is the owner of The Colony an they wo like t remove the under - utilized Tennis Courts; O Install a Dog Run, north of the existing Tennis Courts; and construct a parking lot, to increase the total av ailable parking by 34 stalls. The proposed improvements will require variances since the existing site conditions do not meet the current Code requirements for Open Space, Pervious Area or minimum fenced -in area. Hours of Operation 9amto Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois www.mountprospect.org Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 3 TDD 847.392.6064 Address(es) (Street Number, Street) See Attached Map of The Colony - Exhibit A — Between Buildings 9 and 10 W Lot Area (Sq.ft) Zoning District Total Building Sq. Ft. Sq. Ft. Devoted to Proposed A No Change No Change No Change Use v, Setbacks: Front Rear Side Side a 690' (South) 480' (North) 144' (West) 150'/1,028' (East) p " Building Height Lot Coverage ( %) Standard Parking Spaces Accessible Parking Spaces NA 26.99% (+0.12%) 1,125 21 Developer Name Home Properties Telephone (day) 847 - 460 -6727 Address 501 Enterprise Drive, Suite 102 Fax 847 - 274 -9417 Mount Prospect, Illinois 60056 Email dianeda @homeproperties.com Attorney Name Telephone (day) Address Fax Email Surveyor Z Name Brian Lounsbury, SPACECO, Inc. Telephone (day) 847 - 696 -4060 O i 4 Address 9575 West Higgins Road, Suite 700 Fax 847- 696 -4065 Rosemont, Illinois 60018 a y 0 Q Email bounsbury @spacecoinc.com c�, o q a Engineer a Name William J Zalewski Telephone (day) 847 - 696 -4060 Address 9575 West Higgins Road. Suite 700 O U v A Fax 847- 696 -4065 Rosemont, Illinois 60018 Email bzalewski @spacecoinc.com Architect Name Telephone (day) Address Fax Email Landscape Architect Name Telephone (day) Address Fax Email Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 3 TDD 847.392.6064 Please note that the application will not be reviewed until this petition has. been fully completed and all required plans and other materials have been satisfactorily submitted to the Community Development Department's Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff so that materials can be reviewed for accuracy and completeness at the time of submittal. In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agent's permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affirm that all information provided herein and in all materials submitted in association with this application are true and accurate to the best of my knowledge. signature) Print Name Wiiiia aiewski If applicant is not property owner: Date March 13, 2013 I hereby designate the applicant to act as my agent for the purpose of seeking the zoning request(s) described in this application and the associated sup orting Material. Property Owner �-� Date March 13, 2013 (signature) Print Name Diane Da ubenspeck Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprosper-t.org 4 TDD 847.392.6064 Submission Requirements 1) Completed Zoning Request Application. (See table below for required number of copies) Conditional Use for an Unenclosed Porch (administrative review) Variation Request less than 25% of the Code Requirements 2) Application fee (see Fee Schedule). _ 20 3) Copy of deed. 4) Paid receipt of the most recent tax bill for the property. 5) Executed Ownership Information and Affidavit. ✓ 6) One (1) copy of a document indicating proof of ownership or intent to buy. 7) Responses to each Conditional Use and/or Variation standard (listed in page 9 and 10) ✓ 8) Plat of Survey of the subject property prepared or updated within six months of the date of submission. ✓ 9) Exhibits (Plans and Drawings): ✓ a. Site Plan indicating the following required information i. The name and/or address of the proposed development; ii. Boundary lines, dimensions, lot numbers, and lot area of the property; iii. The location and dimensions of all required building setbacks; iv. The proposed overall lot coverage; v. The location and dimensions of all existing and proposed structures, parking lots and drives, sidewalks, bicycle paths, signs, fences, transformers, and electrical equipment, outdoor recreational facilities, light poles, and other freestanding structural features as determined appropriate by the Planning Division; vi. The name, location, and width of all streets, sidewalks, and rights -of -way within and adjoining the proposed development; b. Preliminary engineering plans; i Floor plans for existing and proposed structures; A Elevations for existing and proposed structures; e. Landscape plan; -C , A� C= -V1 n ej f. Photometric plan; .C--, A--tk c n _g Sign elevations; Traffic study, if required; and 1. Other information, as determined necessary by the Planning Division. 10) One (1) Compact Disc (CD) with all required Plat of Survey and exhibits (Plans, and Drawings) saved in PDF (electronic) format. Each exhibit should be saved as its own file; however, multiple files can be on one disc. Zoning Request * Number of Copies Required for Items #1, 7, 8, and 9 Conditional Use for an Unenclosed Porch (administrative review) Variation Request less than 25% of the Code Requirements 5 15 All other Zoning Requests _ 20 Important Information for Submission ✓ All required items, including all plans, shall be folded not to exceed 8 %2 x 14" in area and shall prominently indicate the following basic information: 1. The development name and/or address; 2. The name of the preparer; and 3. The date of preparation and any subsequent revisions ✓ Any items requiring more than one (1) copy should be collated and secured into complete packets prior to submittal 1. Application 2. Plat of Survey 3. Site Plan and Drawing(s) 4. Additional Supporting Exhibits Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois www.mountprospect.org Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 Zoning Ordinance Fee Schedule Conditional Uses 1. All individual lot single family requests ............................................................. ............................... 100.00 2. Other properties less than one (1) acre ................................................................ ............................... 250.00 3. Other properties greater than one (1) acre and less than five (5) acres ............... ............................... 500.00 4. Other properties greater than five (5) acres and less than ten (10) acres .......... ............................... 1,250.00 5. Other properties greater than ten (10) acres and less than fifteen (15) acres ... ............................... 1,500.00 6. Other properties greater than fifteen (15) acres .............................................. ............................... I 2,500.0 Variations 1. All individual lot single family requests ........................................................... ............................... $100.00 2. Other properties less than one (1) acre ................................................................ ............................... 250.00 3. Other properties greater than one (1) acre .......................................................... ............................... 500.00 May Amendments (Rezoninz) 1. Properties less than one (1) acre .......................................................................... ............................... 250.00 2. Properties greater than one (1) acre and less than five (5) acres ......................... ............................... 500.00 3. Properties greater than five (5) acres and less than ten (10) acres ................... ............................... 1,250.00 4. Properties greater than ten (10) acres and less than fifteen (15) acres ............. ............................... 1,500.00 5. Properties greater than fifteen (15) acres .......................................................... ............................... 2,500.00 Other Requests 1 . Text Amendment ................................................................................................. ............................... 500.00 2. Appeal ........................................................................................ ............................... .........................250.00 3. Modification to an approved PUD requiring P &Z approval ............................... ............................... 250.00 4. Special Hearing Fee (all requests) ....................................................................... ............................... 500.00 5. Zoning Compliance Review Fee a. All individual lot single family requests ......................................................... ............................... 50.00 b. All other ............................................................................... ............................... .........................150.00 * t000 Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 6 TDD 847.392.6064 Zoning Request Review Commission Procedure The Planning & Zoning Commission review process involves a three -phase procedure that first requires staff review of the zoning request petition, followed by a Planning & Zoning Commission (P &Z) recommendation, and ultimately Village Board of Trustees action. The process generally can be expected to take twelve to sixteen (12 — 16) weeks from the time of initial application to Village Board of Trustees final action. Procedurally, this process involves the following: Pre - application Meeting Although this first step is optional, it is highly recommended that the petitioner schedule a meeting with the Planning Division and other appropriate Village staff. This meeting would be used to discuss the feasibility of the proposal and obtain a level of familiarity with Village requirements and procedures. Submittal of Petition This step involves the submittal of the petitioner's original application and the required documentation, the required application fee, and other required supporting materials listed in this packet. Staff Review Upon receipt of the petition as required herein, the proposal will be reviewed by the Community Development Department staff and transmitted to other Village Departments. Upon completion, Staff will submit its comments to the petitioner. The petitioner shall make the necessary changes or revisions and/or submit any additional materials requested. When all required revised plans and other documentation have been submitted and found acceptable, a Planning & Zoning Commission meeting date will be assigned. The Planning Division will submit a written report explaining the petitioner's request and related staff comments, including comments from other Village Departments. A copy of the report will be forwarded to the petitioner before the Planning & Zoning Commission meeting. This report will be distributed approximately five (5) days before the meeting. Planning & Zoning Commission Recommendation At a regularly scheduled meeting, the Planning & Zoning Commission (P &Z) will conduct a public hearing of the Conditional Use petition. All persons desiring to express an opinion regarding the petition will be given an opportunity to be heard at the meeting. Upon the conclusion of its review, the P &Z, upon the majority vote of its entire membership, will submit a recommendation to the Village Board of Trustees. The P &Z may require such conditions in the approval of a Conditional Use request as it may deem necessary to ensure conformity with the intent of all Comprehensive Plan elements, established Village policies, and applicable Village ordinances. Village Board of Trustees Action Upon receipt of the P &Z recommendation, the Village Board of Trustees, by majority vote, may grant, deny or modify the petition as it determines appropriate. The Board of Trustees may require special conditions, as it may deem necessary, to insure conformity with the intent of all Comprehensive Plan elements, established Village policies, and applicable Village ordinances. Please Note — The recommendations and technical assistance provided by Village staff during the course of the review process is purely advisory in nature. The authority to approve or deny a petition lies solely with the Village Board of Trustees or the Planning and Zoning Commission when it involves Variation requests for less than 25% of the Code requirements. The Director of Community Development has the authority to approve or deny a request for a Conditional Use for a unenclosed front porch that encroaches no more than 5 feet into the required front yard. Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois www.mountprospect.org Phone 847.818.5328 Fax 847.818.5329 7 TDD 847.392.6064 Zoning Request Review Process Preliminary Meeting with Planning Staff Initial Submission to the Community Development Department's Planning Division Staff Review of the Request Staff Review Comments to the Petitioner (if necessary) Revisions Submitted to Community Development Department's Planning Division (if necessary) Staff Recommendation I r 2�.. Kj Director of Community Development Dept. Consideration OR Planning and Zoning Commission (P & Z) Review (administrative review CU) (all other requests) Note that the P& Z Commission has final authority for Variation Requests less than 25% of the Code requirement Adoption of Resolution upon Approval Village Board Consideration Application to Building Department for Permit Adoption of Ordinance upon Approval Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois www.mountprospect.org Application to Building Department for Permit Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 Standards for Conditional Use Approval When considering its recommendation regarding a proposed Conditional Use, the Planning & Zoning Commission is guided by seven standards listed in Zoning Code Section 14.203.F.8. Those standards relate to the potential effects on nearby properties. The standards for Conditional Use approval are: 1. That the establishment, maintenance, or operation of the conditional use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare; 2. That the conditional use will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood in which it is to be located; 3. That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district; 4. That adequate public utilities, access roads, drainage and/or necessary facilities have been or will be provided; 5. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; 6. That the proposed conditional use is not contrary to the objectives of the current Comprehensive Plan for the Village; and 7. That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified pursuant to the recommendations of the Planning & Zoning Commission. Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 9 TDD 847.392.6064 Standards for Variations The Planning & Zoning Commission is guided by seven standards listed in Zoning Code Section 14.203.C.9. Those standards relate to conditions applicable to the property for which the Variation is requested, the owner's motives for requesting the Variation and potential effects on nearby properties. The standards for Variations are: 1. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a specific hardship to the owner would result, as distinguished from a mere inconvenience if the strict letter of the regulations was to be applied; 2. The conditions upon which an application for a variation are based are unique to the property for which the variation is sought and are not generally applicable to other property within the same zoning classification; 3. The purpose of the variation is not based primarily upon a desire to increase financial gain; 4. The alleged difficulty or hardship is caused by this Chapter and has not been created by any person presently having an interest in the property; 5. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; 6. The granting of the variation will not alter the essential character of the neighborhood; and 7. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets, or increase the danger of fire, or impair natural drainage or create drainage problems on adjacent properties, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 10 TDD 847.392.6064 Affidavit of Ownership COUNTY OF COOK STATE OF ILLINOIS under oath, state that I am the sole ) an MeA ) owner of the property an authorized ear of the ) as of this date. Signature Subscribed and [ sworn to before me this C A day of PNA; , 20J. OFFICIAL SEAL CHRISTINE JANKUSKY Notary Public - State of Illlools My Commission Expires Aug 11. 2015 Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 11 TDD 847.392.6064 and that su h property is owned b ThL nb � 14y-d ro D o -,44- - es CJ L nu S p 9""'W5 W, V�oqq rs IIlc,vd, April 4, 2013 ]I w CdIaI iq, IIIY4 otvI v Apartments: • 1 Bedroom 531 Units • 2 Bedroom 216 Units • 3 Bedroom 36 Units Parking * 1,091 Standard Parking Stalls * 21 Handicap Parking Stalls 99841557 7487/0169 02 ODI Page Its# 7 1999 - 09--02 15:5 7205 Cook County Recorder 63.50 111111 111 11111 111 1 1 11 9Q 84I Know all men by these presents that, Chicago Colony Apartments Associates ( " Grant o "), an Illinois general partnership, for and in consideration of Forty -One Million Five Hundred Thousand Dollars ($41,500,000.00), in hand paid does remise, release, alien and convey to The Colony of Home Properties, LLC, a New York limited liability company with an address c/o Home Properties of New York, Inc., 850 Clinton Square, Rochester, NY 14604 ( "Grantee "), the land and improvements legally described in Exhibit A attached hereto and incorporated herein subject to and excepting all encumbrances and restrictions of record. TO HAVE AND TO HOLD, the above - described property, unto Grantee and Grantee's successors and assigns forever; and Grantor does hereby bind itself and its successors and assigns to warrant and forever defend the premises unto Grantee and Grantee's successors and assigns against every persons whomsoever lawfully claiming the same or any part thereof by, through or under Grantor but not otherwise. WITNESS my hand and seal this day o 999. tA GRANTOR: tA 'ZP1 In the presence of. CHICAGO COLONY APARTMENTS ASSOCIATES S By: Chicago Colony Apartments Company, L.P., general partner RETURN TO:d j`ItZ4" TICOR TITLE INSURANCE 203 N. LaSALLE, STE MW 19'7 CHICAGO, IL 606033 RE ,cla�-a -i� Special Warranty Deed 069647.103073 KPT DOCSD\626491.1 By. % i, Na e: �P ui Title: MOLA& tT i K� (tee 8111199 2:43 pm r & - 069647.103073 KPT DOCSD1626491.1 9984155 7 Page 2 of ? By: PaineWebber Income Properties Seven Limited Partnership, general partner By: Seventh Income Properties Fund, Inc., its managing general partner Title: t ce- Qi e .• . 7 7 I&M FJ u •J r" r O? fY'7 4 0 0 rfvASF E OF REwmm 8111/99 2:43 pm 9984 1 557 Page 3 of 7 ACKNOWLEDGMENT STATE OF _ } } SS COUNTY OF S j- . Lti o On this 22! -day of t-> 1999, before me, the undersigned, a Notary Public, duly commissioned, qualified and acting, within and for the said County and State, appeared in person the within named i..#. Le A . to me well known, who stated that �Nc is the Managing General Partner of Chicago Colony Apartments Company; L.P. and is duly authorized in that capacity to execute the foregoing instrument for and in the name and behalf of the said partnership, and further stated and acknowledged that \g, had so signed, executed and delivered said foregoing instrument as the free and voluntary act and deed of said partnership and for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this 9S-0 — day of rA , 1999. •... f go'ta Public My Commission Expires: I Game OIl� F J UDY A. CHAPMAAI STATE O M! SSOURj 8i. Chao" County hldon expires No% 17, 2001 069647.103073 KPT DOCSD \626491.I 3 8/11199 2:43 pm 9984155 7 Page 4 of 7 ACKNOWLEDGMENT COMMONWEALTH OF MASSACHUSETTS ) SS COUNTY OF SUFFOLK } On this day of , 1999, before me, the undersigned, a Notary Public, duly commissioned, qualifie and acting, within and for the said County and Late, appeared in person the within named )- ' to me well known, who stated that the of Seventh Income Properties Fund, Inc., the Managing General Partner of aineWebber Income Properties Seven Limited Partnership and is duly authorized in that capacity to execute the foregoing instrument for and in the name and behalf of the said partnership, and further stated and acknowledged that he had so signed, executed and delivered said foregoing instrument as the free and voluntary act and deed of said partnership ind for the consideration, uses and purposes therein mentioned and set forth. AN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day ,1999. ic My Commission Expires: AribkX. TOSso2O-, gw4o -ems. lor"r a�u.A &S /bass D�ie9' -ag$I P/ : 08 - a 3- y062 -004 aR-- a3- s/oa -cor p8 0?3 -Z/oa -006) 08 - a 3 - 'V-6 a - 0/3 /L loo 057 069647.103073 KPT DOCSD \626491.1 4 8/11199 2:43 pm 9984 t 55 r Page 5 of 7 Exhibit A PARCEL l: THAT PART OF LOT 1 IN THE COLONY (HEREINAFTER DESCRIBED) FALLING WITHIN A TRACT OF LAND DESCRIBED AS FOLLOWS: STARTING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 50 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, WITH A LINE WHICH IS 50 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID SECTION 23; THENCE WESTERLY ALONG SAID NORTH LINE A DISTANCE OF 717.43 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING WESTERLY ALONG SAID NORTH LINE, A DISTANCE OF 560.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1; THENCE TURNING AN ANGLE OF 90 DEGREES 42 MINUTES 40 SECONDS TO THE RIGHT OF THE PREVIOUSLY DESCRIBED COURSE A DISTANCE OF 594.986 FEET; THENCE TURNING AN ANGLE OF 89 DEGREES 17 MINUTES 20 SECONDS TO THE RIGHT OF THE PREVIOUSLY DESCRIBED COURSE A DISTANCE OF 273.237 FEET; THENCE TURNING AN ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS TO THE LEFT OF THE PREVIOUSLY DESCRIBED COURSE A DISTANCE OF 175.06 FEET; THENCE TURNING AN ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS TO THE RIGHT OF THE PREVIOUSLY DESCRIBED COURSE A DISTANCE OF 444.379 FEET; THENCE TURNING AN ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS TO THE RIGHT OF THE PREVIOUSLY DESCRIBED COURSE A DISTANCE OF 226.00 FEET; THENCE TURNING AN ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS TO THE RIGHT OF THE PREVIOUSLY DESCRIBED COURSE A DISTANCE OF 165.00 FEET; THENCE TURNING AN ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS TO THE LEFT OF THE PREVIOUSLY DESCRIBED COURSE A DISTANCE OF 544.00 FEET TO THE POINT OF BEGINNING. IN THE COLONY, BEING A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO PLAT THEREOF REGISTERED IN THE OFFICE OF THE REGISTRAR OF TITLES OF COOK COUNTY, ILLINOIS, ON FEBRUARY 19, 1974 AS DOCUMENT NUMBER 2739801. PARCEL 2: THAT PART OF LOT 1, IN THE COLONY (HEREINAFTER DESCRIBED) FALLING WITHIN A TRACT OF LAND DESCRIBED AS FOLLOWS: STARTING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 50 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, WITH A LINE WHICH IS 50 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID SECTION 23; THENCE 069647.103073 KPT DOCSD1626491.1 5 8/11/99 2;43 pm 99841557 page b of 7 NORTH ALONG SAID LINE WHICH IS 50 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID SECTION 23, A DISTANCE OF 514.008 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH ALONG LAST DESCRIBED COURSE A DISTANCE OF 293.232 FEET TO A NORTHEAST CORNER OF LOTIAFORESAID; THENCE TURNING AN ANGLE OF 90 DEGREES 42 MINUTES 07 SECONDS TO THE LEFT OF THE PREVIOUSLY DESCRIBED COURSE, A DISTANCE OF 881.35 FEET TO A CORNER OF LOT 1 AFORESAID; THENCE TURNING AN ANGLE OF 90 DEGREES 42 MINUTES 07 SECONDS TO THE RIGHT OF THE PREVIOUSLY DESCRIBED COURSE A DISTANCE OF 480.00 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID LOT 1 AFORESAID; THENCE TURNING AN ANGLE OF 90 DEGREES 42 MINUTES 07 SECONDS TO THE LEFT OF THE PREVIOUSLY DESCRIBED COURSE A DISTANCE OF 394.55 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT I; THENCE TURNING AN ANGLE OF 89 DEGREES 13 MINUTES 43 SECONDS TO THE LEFT OF THE PREVIOUSLY DESCRIBED COURSE A DISTANCE OF 690.94 FEET TO A POINT ON THE WEST LINE OF SAID LOT 1; 594.986 FEET NORTH OF THE SOUTHWEST CORNER OF SAID LOT l; THENCE TURNING AN ANGLE OF 90 DEGREES 42 MINUTES 40 SECONDS TO THE LEFT OF THE PREVIOUSLY DESCRIBED COURSE A DISTANCE OF 273.237 FEET; THENCE TURNING AN ANGLE 90 DEGREES 00 MINUTES 00 SECONDS TO THE LEFT OF THE PREVIOUSLY DESCRIBED COURSE A DISTANCE OF 175.06 FEET; THENCE TURNING AN ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS TO THE RIGHT OF THE PREVIOUSLY DESCRIBED COURSE A DISTANCE OF 444.379 FEET; THENCE TURNING AN ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS TO THE RIGHT OF THE PREVIOUSLY DESCRIBED COURSE A DISTANCE OF 256.00 FEET; THENCE TURNING AN ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS TO THE LEFT OF THE PREVIOUSLY DESCRIBED COURSE A DISTANCE OF 558.20 FEET TO THE POINT OF BEGINNING. IN THE COLONY, BEING A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO PLAT THEREOF REGISTERED IN THE OFFICE OF THE REGISTRAR OF TITLES OF COOK COUNTY, ILLINOIS, ON FEBRUARY 19, 1974 AS DOCUMENT NUMBER 2739801. PARCEL 3: THAT PART OF LOT 1 IN THE COLONY (HEREINAFTER DESCRIBED) DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 50 FEET OF SAID SOUTHEAST QUARTER WITH A LINE WHICH IS 50 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID SECTION 23; THENCE WESTERLY ALONG SAID NORTH LINE, A DISTANCE OF 367.73 FEET TO A POINT OF BEGINNING; THENCE CONTINUING WESTERLY ALONG SAID NORTH LINE, A DISTANCE OF 349.70 FEET; THENCE TURNING AN ANGLE OF 90 DEGREES TOT HE RIGHT OF THE PREVIOUSLY DESCRIBED COURSE, A DISTANCE OF 544.0 FEET; THENCE TURNING AN ANGLE of 90 DEGREES TO THE RIGHT OF THE PREVIOUSLY DESCRIBED COURSE A DISTANCE OF 165.0 FEET; THENCE TURNING AN ANGLE OF 90 DEGREES TO THE RIGHT OF THE PREVIOUSLY DESCRIBED COURSE A DISTANCE OF 30 FEET; THENCE TURNING AN ANGLE OF 90 DEGREES TO THE LEFT OF THE PREVIOUSLY DESCRIBED COURSE, A DISTANCE OF 192.07 FEET; 069647.103073 KP'C DOCSD1626491.1 6 8111/99 2:43 pm 9984 t 557 Page 7 of 7 THENCE TURNING AN ANGLE OF 90 DEGREES 49 MINUTES 18 SECONDS TO THE RIGHT OF THE PREVIOUSLY DESCRIBED COURSE, A DISTANCE OF 514.053 FEET TO THE POINT OF BEGINNING. IN THE COLONY, BEING A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 41 NORTH, RANGE l I EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO PLAT THEREOF REGISTERED IN THE OFFICE OF REGISTRAR OF TITLES OF COOK COUNTY, ILLINOIS ON FEBRUARY 19, 1974 AS DOCUMENT NUMBER 2739801. THE ABOVE 3 PARCELS TAKEN AS A TRACT ARE ALSO KNOWN AS: THAT PART OF LOT I OF THE COLONY, BEING A SUBDIVISION OF PART OF THE SOUTHEAST 1 /4 OF THE SOUTHEAST '/4 OF SECTION 23, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN TAKEN AS A TRACT AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST '/4 OF AFORESAID SECTION 23; THENCE NORTH 00 DEGREES 37 MINUTES 35 SECONDS EAST ALONG THE EAST LINE OF THE SOUTHEAST '/4 50.00 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST AND PARALLEL TO THE SOUTH LINE OF SAID SOUTHEAST 1/ 417.75 FEET (417.73 FEET DEED) TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 909.78 FEET (909.70 FEET DEED) TO THE WEST LINE OF THE EAST lh OF THE SOUTHEAST '/a OF SECTION 23; THENCE NORTH 00 DEGREES 42 MINUTES 05 SECONDS EAST ALONG SAID WEST LINE 1,286.23 FEET (1,285.94 FEET DEED) TO THE NORTH LINE OF THE SOUTH lh OF THE SOUTHEAST '/a; THENCE NORTH 89 DEGREES 56 MINUTES 44 SECONDS EAST ALONG THE NORTH LINE 394.55 FEET; THENCE SOUTH 00 DEGREES 38 MINUTES 30 SECONDS WEST 480.00 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 44 SECONDS EAST, 881.35 FEET TO THE WEST RIGHT OF WAY LINE OF ELMHURST ROAD; THENCE SOUTH 00 DEGREES 37 MINUTES 35 SECONDS WEST ALONG SAID WEST LINE, 293.29 FEET (293.232 FEET DEED); THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST 366.13 FEET (361.13 FEET DEED); THENCE SOUTH 00 DEGREES 48 MINUTES 26 SECONDS WEST, 514.15 FEET (514.053 FEET DEED) TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. 069647.103073 KPT DOCSD \626491.1 7 8/11199 2:43 pm E 1 /2 SE 1 /4 SEC 23 -41 -11 41- 11 -23H ELK GROVE B-23 . 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CdIm i q, IIIY4o tu v' VIII I POWA-WIMITY :: Cook County Treasurer's Office - Chicago, Illinois Cook County Property Tax and Payment Information i Wagi ulg)l of ih is n i orrn�aWn ni,:y mul, bu used ',i fax bilh uwt be smbinMod wlkh an igirl u I UM bi[L Property Index Number (PIN): 08-23-402-004-0000 The bafance due, including any penalty, is as of 312112013 Payments processed are peeled through: 312012013 201 Tax Year VI ormadon - Fl,' in 201 Tax Your 2012 Tax Type; Current Tax Volume: 05 PCL: 3-15 Property Location 475 W ENTERPRISE DR MOUNT PROSPECT, K. 60056-5807 To update contact the Cook County Assessor's Office at 312.443,7550. Mailing information HOME PROPERTIES COLONY 850 CLINTON SQ ROCHESTER, NY 14604-1730 To update your mailing information click here, To request a duplicate tax bill click here. Exemption Information Exemptions do not become effective until the 2nd installment. To check if you received exemptions on previous tax years, click here. Tax Payment Inforrination Installment Tax Amount Billed let $228,055.05 Balance Due: $0.00 1. Tax Due Date Last Payment Received Date Received 03101/2013 $228,055.05 02426/13 V,0 Print 4 Return to PIN Summary The Cook County Clerks office can help you with redemption and delinquent inquiries on prior year's taxes. You may reach the Clerk at: Main Number: 312 603.5656 You may find frequently asked questions and additional information at the Clerk's Offices Web site: h t Jfwww. �kn lierkcom Page I of I http://www.cookeountytreasurer.com/paymentresults.aspx?paymenttype=current 3/21/2013 --, Cook County "t'reasurer's Office - Chicago, Illinois :: Cook County Property Tax and Payment Information i , 'ilrited :A ihi 0m mA b+ wsea as a tax bill Paym(m rnwst b ^ ' Wbmtied w0lh anf,d,m,0 tax N01 Property Index Number (PIN): 08-23402-005-0000 The balance due, inctuding any penalty, is as of 312112013 Payments processed are posted through: 312012013 2012 Vax Yc-,v jt l jforij l ttJtjc ' xlj _ [ in 2013 Tax Year: 2012 Tax Type; Current Tax Volume: 050 POL 3-15 Property Location 475 W ENTERPRISE DR MOUNT PROSPECT, [1- 60056-5807 To update contact the Cook County Assessor's Office at 312.443,7550 Mailing Information HOME PROPERTIES COLONY 860 CLINTON SO ROCHESTER, NY 14604-1730 To update Your mailing information click here. To request a duplicate tax bill click here. Exemption Information Exemptions do not become effective until the 2nd Installment. To oh"k if you received exemptions on previous tax years, chick here, Tax Payment Information Installment Tax Amount Billed 1st $193,02208 Balance Due: $ 0. 0 0 Tax Due Date Last Payment Received Date Received 0310112013 $193,022.08 02126/13 rW,3 print Page I of I 4- Return to PIN Summary The Cook County Clerk's office can help you with redemption and delinquent Inquiries on prior year's taxes. You may reach the Clerk at: Main Number: 312.603.5656 Youl may find frequently asked questions and additional information at the Clerk's Office's Web site: http://www,cookeountytreasurer.comlpaymentresults.aspx?pa,ymenttype=ctiri 3/21/2013 :-. Cook County Treasurer 's Office - Chicago, Illinois Cook County Property Tax and Payment Information od ihis 0wrinown inay riw be it o A*� a 6Rx bw y n^ irYwJ be submlued uiigin'al Iax iiM Property Index Number lPIN) 08-234102-006-0000 The balance due, including any penalty, is as of 312112013 Payments processed are posted througir 312012013 2012 Tix lkiai Illlr>lanarfirail - Pay, In 2013 Tax Year: 2012 Tax Type: Current Tax Volume: 050 PCL: 3-91 Property Location 475 W IENTERPRtSE OR MOUNT PROSPECT, IL 60056-5807 To update contact the Cook County Assessor's Office at 312.443.7550. Mailing Information HOME PROPERTIES COLONY 850 CLINTON SO ROCHESTER, NY 14604-1730 To update your mailing information click here To request a duplicate tax billl Click her o . Exemption Information Exemptions do not become effective until the 2nd installment. to Check it you received exemptions on previous tax years,, click here. Tax Payment Information Installment Tax Amount Billed list $25,526.92 Balance Due: $0 U0 Tax Due Date Last Payment Received Date Received 03/0112013 $25,526-92 02126113 Ni Print 4- Return to PIN Summary 'The Cook County Clerk's office can help you with redemption and delinquent inquiries on prior year's taxes. You may reach the Clerk at: Main Number 312.603 5656 You may find frequently asked questions and additional information at the Clerk's Office's Web site: hftp)jwww ggQkcgIjntypg[_k,conj Page I of I http://www.cookcountytreasurer.com/ current 3/21/2013 :: Cook County Treasurer's Office - Chicago, Illinois :: Cook County Property Tax and Payment Information i mted Go pie , of 9 I u, ii Ifni mwioi t may nA bo wwd m a iax b(11 mifn i n u r t he rtiAibn d to wirlJ i a i,� ,Plmd O,'m bffl Property Index Number (PIN): 08. 23402-013-0000 The balance due, including any penalty, is as of 312112013 Payments processed are posted through: 312012013 2012 "Fax Ye, Infolroation - PayaNe 111 2013 'Fax Year: 2012 Tax Type: Current Tax Volume: 050 PCT: 3-15 Property Location 2364 OAKTON ST MOUNT PROSPECT, IL 60056-0000 To update contact the Cook County Assessor's Office at 312.443 7550. Mailing Information HOME PROPERTIES COLONY 850 CLINTON SQ ROCHESTER, NY 14604-1730 To update your mailing information click here To request a duplicate tax bill click her e. Exemption Information Exemptions do not become effective until the 2nd installment. To check if you received exemptions on previous tax years, click here. Tax Payment Information Instillment Tax Amount Billed 1st $114,015.89 Balance Due: . $ . 0 1 .0 . 01 Tax Due Date Last Payment Received Date Received 03/01/2013 $114,015.89 02126113 Print 4• Return to MN Summary I'he Cook County Clerk's office can help you with redemption and delinquent inquiries on prior year's taxes You may reach the Clerk at: Main Number: 312,603.5656 You may find frequently asked questions and additional information at the Clerk's Office's Web site. hItp:N&ww.cookccrmkvglark com Page I of I http://www,cookeountytreasurer.comi'paymentresults.aspx?paymenttype=current 3/21/2013 9,57e 'W, R<,,v,W, au.iile 700 lflMiu°o""A Nhmofw (8 69t�, 40o'50 Fax� (847) 69640(5115 April 4, 2013 Consuelo Andrade Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 a iii vd a iiir'd s o iiir' i' `o iirvdl iii i iib iii'4II t Ise A III IIpiiiixwa Ills Vaiii '..I [ :edl Aui ea III ess Illi ° "Illvauit 501.1/6 i' `oIIVoiirvy, IIIAi olill"I't III iii tnllpect Dear Ms. Andrade: Home Properties is requesting a recommendation regarding a proposed Conditional Use from the Planning & Zoning Commission to construction a Dog Run. A variance is required because the creation of the Dog Run involves fencing in an area less than 50% of the total site area. A Dog Run is not listed as one of the allowable uses. Please find our responses to the following: 1. That the establishment, maintenance or operation of the conditional use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare; Construction of a Dog Run will not be a detriment to, or endanger the public health, safety, morals, comfort, or general welfare. The Dog Run will be a fenced in area approximately 1,725 sf (115'x 15'). 2. That the conditional use will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood in which it is to be located; Construction of a Dog Run is internal to The Colony Apartment Complex and will not diminish or impair property values within the neighborhood. 3. That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district; The installation of a Dog Run is within the central portion of The Colony and will not impede the normal and orderly development and improvement of the surrounding property. 4. That adequate public utilities, access roads, drainage and /or necessary facilities have been or will be provided; The Dog Run will not adversely affect or require an increase use of the existing public utilities, access roads, drainage facilities. The Colony — Reduction in Fenced -In Area 5. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; The Dog Run will not require additional considerations for ingress and egress as they exist and there will be no adverse impacts to the existing traffic conditions on the adjacent public streets. 6. That the proposed conditional use is not contrary to the objectives of the current Comprehensive Plan for the Village; and A Dog Run is not listed in the ordinance but could be added as another exception to an area being fenced -in that is less than 50% of the entire site (similar to swimming pools, tennis courts, etc.). The installation of a Dog Run will be for the benefit and use of The Colony residents. 7. That the conditional use shall, in all other respects, conform to the application regulations of the district in which it is located, except as such regulations may, in each instance, be modified pursuant to the recommendation of the Planning & Zoning Commission. The addition of a Dog Run will require a variance with respect to the current codes because Dog Runs have not been previously addressed in Mount Prospect. In order to establish a Dog Run the variance being requested is to allow an area to be fenced -in that is less than the 50% minimum allowed by code, similarto swimming pools, tennis courts, etc. If you should you have any questions regarding the above please don't hesitate to contact me. Very Truly Yours, S !IA °11191111CO, III':un(i William J. e ki, P.E. Vice Pre de The Colony — Reduction in Fenced -In Area Page 2 9,57e 'W, R<, -v,W, au.iile 700 lflMiu°o""A Nhmofw (8 69t�, 40o'50 Fax� (847) 69640(5115 April 4, 2013 Consuelo Andrade Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 Sta iii i a iiii" s o iiir i' `o iirvd iii i iib iii'4II t Ise III) III)iiiixwa Ills Vaiiii [I Iw°w'oiir Qlli)eiiiv Sll) t: i' `dVoiirty, III VouUll"If III iii tnllll)ect Dear Ms. Andrade: Home Properties is requesting a recommendation regarding a proposed Conditional Use from the Planning & Zoning Commission to construct a Dog Run, remove two (2) Tennis Courts and build a Parking Lot. A variance is required because the removal of the Tennis Court is a reduction in the Open Space. The code requires Open Space to be at least 50% of the total site area. Currently, the Open Space area is 29.48% and with the proposed improvements would be reduced to 28.48% (Exhibits D and Q. Please find our responses to the following: 1. That the establishment, maintenance or operation of the conditional use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare; A reduction in the percentage of Open Space as a result of the removal of the existing Tennis Courts will not be a detriment to, or endanger the public health, safety, morals, comfort, or general welfare. 2. That the conditional use will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood in which it is to be located; Removal of the existing Tennis Courts (located internally within The Colony) will not diminish or impair property values within the neighborhood. 3. That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district; The removal of the existing Tennis Courts (contained within the central portion of The Colony) will not impede the normal and orderly development and improvement of the surrounding property. 4. That adequate public utilities, access roads, drainage and /or necessary facilities have been or will be provided; The elimination of the Tennis Courts will not adversely affect or require an increase use of the existing public utilities, access roads, drainage facilities. The Colony - Variation to Open Space 5. That adequate measures have been or will betaken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; Removing the Tennis Courts will not require additional considerations for ingress and egress as they exist and there will be no additional impact on traffic congestion in the public streets. 6. That the proposed conditional use is not contrary to the objectives of the current Comprehensive Plan for the Village; and Although removal of the existing Tennis Courts is a reduction in the Open Space (- 1.00 0 /0) the Tennis Courts are rarely, if at all, used by the residents and the addition of parking stalls and a Dog Run will benefit The Colony residents. 7. That the conditional use shall, in all other respects, conform to the application regulations of the district in which it is located, except as such regulations may, in each instance, be modified pursuant to the recommendation of the Planning & Zoning Commission. The removal of the existing Tennis Courts, installation of a Dog Run and expansion of the existing parking facilities will require a variance with respect to the current codes requirement of Open Space. The Colony was approved and construction started in the mid 1970's and as the Village of Mount Prospect has updated /revised the regulations accordingly it appears The Colony was approved and presently exists as a non- conforming development. If you should have any questions or comments please do not hesitate to contact this office. Very Truly Yours, William J. e ki, P.E. Vice Presi ent The Colony - Variation to Open Space Page 2 ) 'YAN� HirggiFati"', Road, i1r�1drl�k��rrU� Dear Ms. Andrade: April 4, 2013 Consuelo Andrade Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 Staiiiiid ait l`s foIII" Coiiii llltlbiiiiiM 1 Ise IpqxII" vM Vairiatbiri III I"oir III. Aurea II hie i' `dVoiiii ,IIIVoUll"I�'f III iii osllpect Home Properties is requesting a recommendation regarding a proposed Conditional Use from the Planning & Zoning Commission to construct a Dog Run, remove two (2) Tennis Courts and build a Parking Lot. A variance is required because under the current conditions the total pervious area is less than the required 50% minimum required. Currently, the total pervious area is 26.87% with the proposed improvements the proposed pervious area will be increased to 26.99% or a net gain of 0.12% (See Exhibits F and G). Please find our responses to the following: 1. Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a specific hardship to the owner would result, as distinguished from a mere inconvenience if the strict letter of the regulation was to be applied; A hardship does not exist with respect topographic conditions to create a Dog Rt into a parking Lot. The current pervious decreased. The changes proposed will be residents of The Colony. to the physical surroundings, shape or n or to convert the existing Tennis Court area is more than 50% and will not be more of a benefit and convenience to the 2. The conditions upon which an application for a variation are based are unique to the property for which the variation is sought and are not generally applicable to other property within the same zoning classification; Currently, the site does not meet the codes requirements with respect to pervious areas and it appears from reviewing the available information the site was not built with a pervious area of at least 50 %. The request for the Dog Run is unique because it is not a common feature in most apartment complexes. The original intent of the Tennis Court was to provide an amenity to the residents of The Colony; unfortunately the Tennis Courts are rarely used. It was decided that converting the Tennis Courts into parking would be more beneficial to the residents of The Colony. 3. The purpose of the variation is not based primarily upon a desire to increase financial gain; The type of projects being proposed by the management will be expending funds to remove the Tennis Courts, build a new parking Lot and Dog Run. The initial cost and year -round maintenance for a Dog Run and Parking lot are more than the yearly cost to maintain the Tennis Courts. The Colony - Pervious Variation Request Page 1 4. The alleged difficulty or hardship is caused by this Chapter and has not been created by any person presently having an interest in the property; There isn't a hardship being created. The project requires a variance because of the limitation imposed by the code to maintain a pervious area of at least 50 %. The existing impervious area exceeds the current 50% allowed and the proposed improvements will be a reduction of the impervious area. 5. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; The variance requested regarding the reduction in the existing impervious coverage will not be not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood. Based on the existing and proposed impervious areas there will be no change. 6. The granting of the variance will not alter the essential character of the neighborhood; and The variance requested will not alter the essential character of the neighborhood. The impervious area will not be increased, the Dog Run will be a benefit to the residents of The Colony and parking Lot will be an extension of the existing parking facilities in the area and benefit the adjacent buildings (9, 10, 13 and 14). 7. The proposed variation will not impair an adequate supply of light and air to the adjacent property or substantially increase the congestion of the public streets, or increase the danger of fire, or impair natural drainage or create drainage problems on adjacent properties, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. The removal of the existing Tennis Courts, installation of a Dog Run and expansion of the existing parking facilities will require a variance with respect to the current codes requirement of pervious area but will not impair an adequate supply of light and air to the adjacent property or substantially increase the congestion of the public streets, or increase the danger of fire, or impair natural drainage or create drainage problems on adjacent properties, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. If you should have any questions or comments please do not hesitate to contact this office. Very Truly Yours, William J. e ki, P.E. Vice Presi en The Colony - Pervious Variation Request Page 2 9,57e 'W, R<,,v,W, au.iile 700 lflMiu°o""A Nhmofw (8 69t�, 40o'50 Fax� (847) 69640(5115 April 4, 2013 Consuelo Andrade Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 V to iiirvd a iir'dl s o iiir' a iii ii4t iiio iii vs Vaiii '..I [ :edl Aui ea III ess Illi ° "Illvauit 5 0 0 /6 i' `oIIVoiirvy, IIIVoaUll"It III iii tnllpect Dear Ms. Andrade: Home Properties is requesting a recommendation from the Planning & Zoning Commission to construction a Dog Run. Home Properties understands that the Planning & Zoning Commission is guided by seven standards listed in Zoning Code Section 14.203.C.9. Those standards relate to conditions applicable to the property for which the Variation is requested, the owner's motives for requesting the Variation and potential effects on nearby properties. Please find our responses to the Standards for Variations: Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a specific hardship to the owner would result, as distinguished from a mere inconvenience if the strict letter of the regulations was to be applied; The physical surroundings, shape, or topographical conditions of The Colony do not present a hardship to build a Dog Run. The Zoning Code does not specifically list Dog Runs as an allowable use. The Dog Run would be constructed in an area of Open Space for the use of the residents. 2. The conditions upon which an application for a variation are based are unique to the property for which the variation is sought and are not generally applicable to other property within the same zoning classification; A Dog Run is not listed in the ordinance but could be added as another exception to an area being fenced -in that is less than 50% of the entire site (similar to swimming pools, tennis courts, etc.). 3. The purpose of the variation is not based primarily upon a desire to increase financial gain; Construction of a Dog Run is for the use of the existing residents at The Colony. Home Properties is providing the Dog Run as an amenity to its residents. 4. The alleged difficulty or hardship is caused by this Chapter and has not been created by any person presently having an interest in the property; There isn't a hardship with respect to construction of a Dog Run. The Code doesn't address Dog Runs as an exception to fenced -in areas less than 50% of the property. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; Allowing 1,725 sf of area to be fenced in for a Dog Run will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood. The Colony — Reduction in Fenced -In Area 6. The granting of the variation will not alter the essential character of the neighborhood; and Construction of a Dog Run would be internal to The Colony and will not alterthe essential character of the neighborhood. 7. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets, or increase the danger of fire, or impair natural drainage or create drainage problems on adjacent properties, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. The addition of a Dog Run could be considered as a small park. It will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets, or increase the danger of fire, or impair natural drainage or create drainage problems on adjacent properties, or endanger the public safety, or substantially diminish or impair property values within the neighborhood If you should you have any questions regarding the above please don't hesitate to contact me. Very Truly Yours, S !IA °11191111CO, III':un(i William J. e ki, P.E. Vice Pre de The Colony — Reduction in Fenced -In Area Page 2 9,57e 'W, R<, -v,W, au.iile 700 lflMiu°o""A Nhmofw (8 69t�, 40o'50 Fax� (847) 69640(5115 April 4, 2013 Consuelo Andrade Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 V to lurid a iii"dl s o iiir a iii ii4t iiio iii vs Vaiiii [I Iw°w'oiir Qlli)eiiiv Sll) t: i' `dVoiirty, III VouUll"It III -"iii tnllll)ec:t Dear Ms. Andrade: Home Properties is requesting a recommendation from the Planning & Zoning Commission to remove their Tennis Courts. A variance is required because the removal of the Tennis Courts is a reduction in the Open Space. The code requires Open Space to be at least 50% of the total site area. Currently, the Open Space area is 29.48% and with the proposed improvements would be reduced to 28.48% (Exhibits D and E). Home Properties understands that the Planning & Zoning Commission is guided by seven standards listed in Zoning Code Section 14.203.C.9. Those standards relate to conditions applicable to the property for which the Variation is requested, the owner's motives for requesting the Variation and potential effects on nearby properties. Please find our responses to the Standards for Variations: Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a specific hardship to the owner would result, as distinguished from a mere inconvenience if the strict letter of the regulations was to be applied; The physical surroundings, shape, or topographical conditions of The Colony do not present a hardship to build a Dog Run. The current Zoning Code requires 50% Open Space. Currently the Open Space is 29.48 % and would be reduced by 1.0% to 28.48%. The conditions upon which an application for a variation are based are unique to the property for which the variation is sought and are not generally applicable to other property within the same zoning classification; The Colony was constructed almost 40 years ago under a different Zoning Code. Since the current area of existing Open Space is less than the current code requirement of 50% a variation is required following the original intent of the current use. The purpose of the variation is not based primarily upon a desire to increase financial gain; Removal of the Tennis Courts, construction of a Dog Run and addition of 34 parking stalls will result in a reduction of 1.0% of Open Space. This work could be considered as providing an amenity to its residents and not result in an increase in financial gain. 4. The alleged difficulty or hardship is caused by this Chapter and has not been created by any person presently having an interest in the property; There isn't a hardship with respect to the company having an interest in the property. The hardship is the existing Open Space percent doesn't comply under the current code which reduces Home Properties ability to add amenities for their residents. The Colony - Reduction Open Space 5. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; Allowing a reduction in the Open Space of 1.0% will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood. 6. The granting of the variation will not alter the essential character of the neighborhood; and A reduction in the Open Space (removal of the Tennis Courts) would be internal to The Colony and will not alter the essential character of the neighborhood. 7. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets, or increase the danger of fire, or impair natural drainage or create drainage problems on adjacent properties, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. A reduction in the Open Space (removal of the Tennis Courts) to create additional parking will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets, or increase the danger of fire, or impair natural drainage or create drainage problems on adjacent properties, or endanger the public safety, or substantially diminish or impair property values within the neighborhood If you should you have any questions regarding the above please don't hesitate to contact me. Very Truly Yours, William J. e ki, P.E. Vice Pre de The Colony - Reduction in Open Space Page 2 9,57e 'W, R<, -v,W, au.iile 700 lflMiu°o""A Nhmofw (8 69t�, 40o'50 Fax� (847) 69640(5115 April 4, 2013 Consuelo Andrade Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 V to iiiri a iii" l s iiir a iii ii4t iiio iii vs Vain ii4tuuoiiiv III lu°woiir , Ill- Ieiirvlik)IIUs Aurea i'`dVoirty, IIIAouUll"It III iii osIIpec :t Dear Ms. Andrade: Home Properties is requesting a recommendation from the Planning & Zoning Commission to construct a Dog Run, remove two (2) Tennis Courts and build a Parking Lot. A variance is required because under the current conditions the total pervious area is less than the required 50% minimum required. Currently, the total pervious area is 26.87% with the proposed improvements the proposed pervious area will be increased to 26.99% or a net gain of 0.12% (See Exhibits F and G). Home Properties understands that the Planning & Zoning Commission is guided by seven standards listed in Zoning Code Section 14.203.C.9. Those standards relate to conditions applicable to the property for which the Variation is requested, the owner's motives for requesting the Variation and potential effects on nearby properties. Please find our responses to the Standards for Variations: Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a specific hardship to the owner would result, as distinguished from a mere inconvenience if the strict letter of the regulations was to be applied; The physical surroundings, shape, or topographical conditions of The Colony do not present a hardship regarding the increased Pervious Area. The current Zoning Code requires 50% Pervious Area. Currently, the Pervious Area is 26.87% and would be increased by 0.12% to 26.99%. 2. The conditions upon which an application for a variation are based are unique to the property for which the variation is sought and are not generally applicable to other property within the same zoning classification; The Colony was constructed almost 40 years ago under a different Zoning Code. Since the current area of existing Pervious Area is less than the current code requirement of 50% a variation is required following the original intent of the current use. 3. The purpose of the variation is not based primarily upon a desire to increase financial gain; Removal of the Tennis Courts, construction of a Dog Run and addition of 34 parking stalls will result in an increase of 0.12% of Pervious Area. This work could be considered as providing an amenity to its residents and not result in an increase in financial gain. 4. The alleged difficulty or hardship is caused by this Chapter and has not been created by any person presently having an interest in the property; There isn't a hardship with respect to the company having an interest in the property. The hardship is the existing Pervious Area percent doesn't comply under the current code which reduces Home Properties ability to add amenities for their residents. The Colony - Pervious Area 5. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; Allowing an increase in the Pervious Area will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood. 6. The granting of the variation will not alter the essential character of the neighborhood; and A slight increase in the Pervious Area will not alter the essential character of the neighborhood. 7. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets, or increase the danger of fire, or impair natural drainage or create drainage problems on adjacent properties, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. The small increase in the Pervious Area as a result of the removal the Tennis Courts and the additional parking will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets, or increase the danger of fire, or impair natural drainage or create drainage problems on adjacent properties, or endanger the public safety, or substantially diminish or impair property values within the neighborhood If you should you have any questions regarding the above please don't hesitate to contact me. Very Truly Yours, S !IA 11191111 O, III': un (i William J. e ki, P.E. Vice Pre de The Colony - Pervious Area Page 2 i ORDINANCE. NO. AN ORDWANCI GRANTING A SPECIAL USE PERMIT IN THE NATURE OF A PLANNED UNIT DEVELOPMENT WHEREAS, the Plan Commission of the Village of Mount Prospect did heretofore conduct a public hearing under Case No. 73 -8P on March 16, 1973, at the hour Of 8: 00 P.11. , pursuant to a request for a special use in the nature of a Planned Unit Development; and W111,111 , it notice or the: aforesaid public hearing was made in the manner pro- vided by law. and published in the February 28, 1973, edition of a newspaper of general circulation within the Village of Mount Prospect; and WIIIiR1i,1S, the Corporote Authu.rities of the VillaVc of Mount Prospect on April 6, 197.3, at the hour of 8:00 P.M. did hold a public hearing upon the proposed Anraexa•- tion Agreement for the regulation of -an annexation of certain property to the Village of Mount Prospect, which property is located on Map 47 -S of the Zoning Ordinance' Of the Villiage of Mount Prospect; and which public hearing was continued to April 26, 1973, at the hour of •8:00 P.M.; and WHEREAS , the President and Board of Trustees of the Village of Mount Prospect have determined that the best interests of the Village of Mount Prospect will be attalned. by the adoption of the Petitioner's request .under Case No. 73 -8P regarding the subject property; and WHEREAS, the President and hoard of Trustees of the Village of Mount Prospect have passed and approved Resolution No, 19 -73 authorizing the annexation and development of the subject property as a Planned Unit Development; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT. COOK COUNTY, ILLINOIS: SECTION ONE :: That a special use permit be and is hereby granted to allow Chicago Title and Trust Company, as Trustee under Trust No. 43076, or its assigns, to con- struct a Planned Unit Development upon the following described property: i Lot One of The Colony Subdivision, being a subdivision of the Southeast I of the Southeast I of Section 23, Town- ship 41. North, Range 11, East of the Third Principal. Murirlian, in Cook County, lilinnil;; which .plat of subdivision of the subject tract is attached hereto and made a part hereof as Exhibit A; and which subdivision shall not be subdivided hereafter in acccn•dznree with the special use permit funnted herein. SECTION TW O: That the Planned Unit Development herein and above authorized .and permitted shall be constructed pursuant to the terms set forth in an Annexation Akrrci,mcnt between Chicago Title and Trust Company, as Trustee and Owner, and the Village. of Mount Prospect, which Annexation Agreement, entered into and executed April 26, 1973, is attached. hereto and hereby made a part hereof as Exhibit B. SECTION THREE: That the Director of Building and Zoning of the Village of Mount Prospect is hereby authorized to issue, upon proper application, such building per- mits as may be required for the said Planned Unit Development, the constructiorl of which shall be governed by the terms of the said Annexation Agreement, Section 5.1 Of the Mount Prospect Zoning Ordinance in effect April 26, 1973, this Ordinance here- in, and. all other applicable Ordinances of the Village of Mount Prospect. SECTION POUR: That this Ordinance; together with all its exhibits and plans shall be recorded in the Officc of the Recorder of Deeds of Cook County, Illinois, upon completion of the 1'1a111lc:d Unit Dcvelopnurrt herein; and the Restrictive Covenants contained on Exhibit C hereto shall be recorded upon the execution Thereof and the passage and approval of this Ordinance. S ECT I ON FIVE; That tills Ordinance shall 13e in full force and effect from find after its passage, approval. and publication in +r niMnner provided by law a rul the record- ing of Exhibits A and C attached hereto; which Exhibit C shall guarantee among other things: (1) the development of the subject property in accordance with the Planned Unit Development herein; (2) the continued maintenance and protection of all pulblic Open space. Enid vonunon op"' Sp;rce With ;laid PInrined lluit } (3) the right of the Village of Mount Prospect to enforce said Covenants by any appropriate action in law or in equity; and (4) that the Owner shall guarantee common ownership or control extending to all portions of the Planned Unit Development for a period of not less than eighteen (18) months following its completion and which shall exterici. to all common open space, landscaping, exterior maintenance, and all other exterior aspects of the development for. a period of not less than twenty (20) years; which Covenants shall run to and be for the benefit of the Village of Mount Prospect. AYES: NAYS: D PASSED and APPROVED this /z' 7-day of 1 4Z � 1973. STATE OF ILLINOIS ) SS COUNTY OF COOK ) i I, Marie T. Hard, do hereby certify that I am the duly .qualified and acting Deputy Clerk of the Village of Mount Prospect in the County and State aforesaid, and as such Deputy 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 NUMBER 2424 duly adopted by the Board of Trustees of the Village of Mount Prospect, Cook.County, Illinois, at its-legally convened meeting held on the 1st day of May, 1973 and that at the time of adoption of said Ordinance Number 2424 the Board of Trustees voted as follows: AYES: 6 NAYS: 0 ABSENT: 0 all as appears in the official records.of said Village in my care and custody. Dated at Mount Prospect, Illinois, this 3rd day of January, 1974. i EXHIBIT A The Southeast Quarter of the Southeast Quarter of Section 23, Township 41 North, Range 11, East of the Third Principal Meridian (except the North 480 feet of the East 931.35 feet thereof as measured parallel with the North and East lines thereof; and except the East 50 feet thereof; and except that part thereof described as follows: Beginning at the intersection of the North line of the South 50 feet of said Southeast Quarter with a line which is 50 feet West of and parallel with the East line of Section 23., thence West along said North line a distance of 60 feet to a point, thence Northeasterly along a straight line a distance of 50 feet more or less to a Point normally.distant 80 feet North of the South line of said Section 23, and normally distant 70 feet West of the East line of said Section 23, thence Northeasterly along a straight line a distance of 161.25 feet to a point normally distant 50 feet West of said East line of Section 23 thence South parallel with said East "line of Section 23 . a distance of 190 feet more or less to the point of beginning ) all in Cook County, Illinois. RESTRICTIVE COVENANTS LINCOLN PROPERTY COMPANY NO.88, a partnership., and LINCOLN- COLONY ASSOCIATES, a partnership, in accordance with the provisions of Article XXV of the Zoning Ordinance of the Village of Mount Prospect providing for the . creation of Planned Unit Developments and the regulation of the same, does hereby covenant with the VILLAGE OF MOUNT PROSPECT, a. municipal corporation of the County of Cook and State of Illinois, as follows: 1. LINCOLN PROPERTY COMPANY NO.88 and LINCOLN - COLONY ASSOCIATES will maintain control of the Planned Unit Development proposed on the property described as follows: See Exhibit A attached hereto and by this reference made a part hereof. to guarantee development substantially in accordance with the Planned Unit Development.Ordinance No. 2424 approved by the President and Board of Trustees of the Village of Mount Prospect on May 1, 1973, for a.period of eighteen (18) months following completion of said Planned Unit Development. 2. LINCOLN PROPERTY COMPANY NO.88 and LINCOLN - COLONY ASSOCIATES does further covenant that for a period of twenty (20) years from the date of commencement of construction of said Planned Unit Development that it will,,by contract(s), provide for adequate maintenance of all building exteriors, parking areas, and other paved areas, and of all open space located within said Planned Unit Development, which open space is defined as all of the land upon completion of construction of the said Planned Unit Development, less residential buildings, commercial buildings, parking areas and other paved areas. 3. That as final occupancy by residents occur as to each stage of development, LINCOLN PROPERTY COMPANY NO.88 and LINCOLN - COLONY ASSOCIATES will cause a Plat of Open. Space Easement to be delivered to the Village of Mount Prospect for recordation. which, by said Plat, it is intended to. permanently guarantee open space substantially in accordance with said approved Planned Unit Development and any amendment thereto. Said Plat of Open Spac Easement shall constitute a covenant running with the land for fifty (50) years from the date of said recording of those covenants and shall be enforceable by said Village of Mount Prospect. 4. The covenants herein contained shall run with the land for the periods of time set forth herein. Thereafter, said covenants shall be extended automatically for successive periods of ten (10) years unless by a vote of the majority of the said landowners of the said property it is agreed otherwise. 5. Nothing in those covenants shall in anyway prevent alienation or sale of the subject property or portion thereof except that said sale shall be subject to the provisions hereof and of the Planned Unit Development Ordinance of the Village of Mount Prospect and the new Owner shall be both benefited and bound by the conditions and restrictions herein and therein expressed. 6. By acceptance of these Restrictive Covenants, the Village of Mount Prospect acknowledges that its Ordinance relating to Restrictive Covenants has been fully complied with. 7. If the parties hereto, or any of them, or their heirs or. assigns shall violate or attempt to violate any of the covenants herein, it shall be lawful for the other parties hereto, including the Village of Mount Prospect, to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant -- and either to prevent him or them from so doing or to recover damages or other dues for such violation. -2- i 8. These covenants shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the partigs hereto have here u to sl set their hands and seals this J ? day of �� � � 1973. ti -3- GRANT OF EASEMENT TO THE VILLAGE OF MOUNT PROSPECT, ILLINOIS GRANT OF EASEMENT THIS AGREEMENT made this q -66 day of 1975, by and between LINCOLN COLONY, INC., an Illinois Cor- poration (hereinafter referred to as "Grantor ") and the VILLAGE OF MOUNT PROSPECT, a Municipal Corporation (herein- after referred to as "Grantee WITNESSETH: WHEREAS, the Grantor is the owner.of certain real estate situated in the Village of Mount Prospect, Illinois, more particularly described in Exhibit A attached hereto and by this reference made a part hereof (hereinafter sometimes re- ferred to as "Real Estate "); and WHEREAS, the Real Estate has been improved with a portion of that Planned Unit Development commonly known as "The Colony ", which Planned Unit Development was created pursuant to Ordinance No. 2422, passed and approved May 1, 1973, Ordin- ance No. 2423, passed and approved May 1, 1973, and Ordinance No. 2424, passed and approved May 1, 1973; and WHEREAS, the Grantor desires to comply with the terms of Ordinance No. 2422, Ordinance No. 2423.and Ordinance No. 2424, as well as the Zoning Ordinance of the Village of Mount Prospect as it pertains to open space and the necessity of granting easements to permanently guarantee the maintenance of public and private common open space, and easements for trunk sewer lines and water main lines, NOW, THEREFORE,. in consideration of the sum of TEN AND N01100 DOLLARS ($10.00). in hand paid and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agrees as follows: 1. Grantor, commencing with the date hereof and in perpetuity, hereby grants, conveys, assigns, dedicates and warrants unto the Grantee an easement for the construction, maintenance, repair, alteration and extension of the trunk sewer lines and water main lines under, upon and through the vacant and undeveloped portions of the Real Estate as shown upon the exhibits entitled, "The Colony, Mount Prospect, Illinois, Phase One" and "The Colony, Mount Prospect,.Illinois, Phase Two ", which exhibits are attached hereto and labeled Exhibit B and Exhibit C, respectively. The vacant and undeveloped portions of the Real Estate shown on Exhibit B and Exhibit C shall be deemed to be those portions of the Real Estate which are not now developed or occupied by any buildings,.structures, and appurtenances thereto, including, without limitation, i building service lines and laterals, recreation buildings, C71 Q swimming pool and any other structures or recreational facilities, or parking facilities. Such:vacant.4nd undeveloped portions of the Real Estate are hereinafter sometimes collectively referred to as "Open Space ". Any extensions of said sewer or water main lines shall be made in such manner as the Grantor and Grantee mutually agree. It. is the intention of the parties hereto that this Grant of Easement is for the purpose of meeting the requirement under Paragraph 5 of the Annexation Agreement dated April 26, 1973, regarding the granting of an easement to the Village of Mount.Prospect, Illinois for the purposes hereinabove set'forth and any all requirements for the Easement of Open Space, in accordance with the said Annexation Agreement made,by and between certain.prior record holders of.the Real Estate and the Village of Mount Prospect. 2. Notwithstanding anything herein to the contrary, the Grantor reserves and retains all right, title and interest in and to the Real Estate for the.purpose of building service lines or laterals and other . appurtenances.to any and all buildings on the Real Estate, and any necessary installation, construction, maintenance, repair,.removal and relocation incidental thereto, together with access and from said -2- building service lines, laterals and /or appurtenances for the aforesaid purposes. The Grantor further reserves and retains the right to use any portion or all.of the Real Estate covered by this Grant of Easement for the purpose of landscaping, including without limitation, the use of said Real Estate for planted vegetation, trees and other gardening purposes. The Grantor further reserves and retains the - right to use any portion or portions of the Open Space, from time to time, for any one or more of the following purposes: landscape gardens, arboretums; parks and playgrounds - public or private; tennis courts, swimming pools, skating l0 rinks and other athletic: courts or fields; driveways, parking U1 O areas for recreational facilities; public utility facilities and easements; lakes, storm water retention basins; and other accessory uses incidental to the foregoing including recrea- tional structures. Grantor further reserves and retains the right to grant from time to time any and all.easements and licenses in and to the Real Estate, or portion thereof, Grantor .may deem necessary for the provision of service of utilities to the Real Estate, including without limiting the generality of the foregoing, water, .sewer service, gas service, electri- cal service, telephone service and recreational services. Any exercises of any rights retained by the Grantor hereunder shall not unreasonably interfere with any of the rights herein granted to the Grantee with respect to'the said sewer and water main lines. If such prop,os.ed exercise of such retained rights by the Grantor would unreasonably interfere with the use of any existing sewer or water main lines by the Grantee, the Grantor will relocate within the Open Space the sewer or water main lines, or portion thereof, to correct such inter- ference at the sole expense of.the Grantor. 3. The Grantor hereby warrants unto the Grantee that it is seized of fee simple title to the Real Estate and has full right to convey the easement herein granted; that the -3- Real Estate is free of any and all encumbrances which would adversely affect the title or right to use the easement herein granted; that the Grantee and its successor municipal cor- porations in interest shall enjoy the rights and titles here- in granted in quiet and peaceful possession, and that the Grantor and its successors and assigns will defend the Grantee's rights and titles herein granted against all claims of Grantor, its successors and assigns, and all other persons who would seek to actually or constructively evict the Grantee or in any other manner interfere with its enjoyment and use of the easement herein granted, subject to the provisions and condi- tions of this Grant of Easement. 4. The easement herein granted shall be kept by- Grantor in such condition at all times that Grantee by and through its proper officers, agents or employees can enter upon the Real Estate without hindrance or obstruction. S. Grantor hereby covenants and agrees that it and its successors and assigns will permit Grantee by and through its proper officers, agents or employees at any and all times, when necessary or convenient to do so, to go.over and upon the Real Estate and such other lands of the Grantor as may be necessary, to permit access to said Open Space, in order to perform any and all acts necessary or convenient for Grantee in order to maintain and properly carry into effect the purposes for which this Grant of Easement is made; pro- vided, however, the Grantee, upon entry at any time and from time to time upon the Real Estate and such other lands of the Grantor for the aforesaid purposes, shall restore -the surface of the Real Estate and such other lands to the condition that the same were in prior to Grantee's entry thereon, all at the Grantee's sole cost and expense. 6. The persons or other entities (other than the Grantor and the Grantee) signing this Grant of Easement do so for the sole and exclusive purpose of subordinating any r� Cn 4 -4- and all right, title, lien or interest they may have in and to the Real Estate or any portion thereof, to this Grant of Easement. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal, and the Grantee has caused its name to be signed hereunto by its Village President and attested to by its Village Clerk, all on the day first above written. LINCOLN COLONY, INC.., an Illinois Corporation By C�(1 40 ATTEST: State of ) County of A&w = ) I, �, a Notary Public in and for the sai Cou ty and Stafte atoresaid, do hereby certify that 1Uj fk. a- Pre ident of LINCOLN COLONY, INC., an Illinois Corporation., and , Secretary of said corporation, personae y known to me to be t e same persons whose names are subscribed to the foregoing instrument, appeared before me this day in.person.and acknowledged that they signed and delivered said instrument as their own free and voluntary act and as the free and volun- tary act of said corporati n for the uses and purposes therein set forth; and the said 4 '��.1,�. Secretary then and there acknow- ledged that he, as custo ian of the Seal of the said corporation, did affix the Seal to the foregoing instrument as his free and voluntary act and the free and voluntary act of the said cor- poration, for the uses and purposes therein set forth. — GI`.under my hand and notarial seal this day.of 1975. N tary Public My Commission Expires: - - SIM N 00 lD (J1 O I, a Notary Public in and for the said Co4IER4T to aforesaid, do hereby certify that ROBERT D. T, Vil age President of the VILLAGE OF MOUNT P SPECT CUIQTY, ILLINOIS, a Municipal Corporation, and Village Clerk of said Village, personally nown to me th same persons whose names are subscribed to the foregoing instrument,.appeared before me this day in person and acknowledged that they signed and delivered said instrument as their own free and voluntary act and as the free and voluntary act of said Village for the uses and purposes therein set forth; and the said Village Clerk.then and there acknowledged that he, as custodian of the Seal of the said Village, did affix the Seal to the foregoing instrument as his free and voluntary act and the free and voluntary act of the said Village, for the uses and purposes therein set forth. GIV N under my hand and notarial seal this amyzday of 1975. Notary Public My Commission Expires: Mh Commi�te� �� �� 1lrf1 . SUBORDINATION TO THE ABOVE GRANT OF EASEMENT The Union Bank, a California corporation; hereby executes this Grant of Easement solely for the purpose of subordinating all of the right, title and interest of said Union Bank in and to the Real Estate under any by virtue of any mortgage or mortgages on any portion or all of the Real Estate now or at -6- VILLAGE OF MOUNT PROSPECT, a Municipal Corporation By il lage President e ATTE T: Village Clerk - C) STATE OF ILLINOIS ) SS lq COUNTY OF COOK ) Q I, a Notary Public in and for the said Co4IER4T to aforesaid, do hereby certify that ROBERT D. T, Vil age President of the VILLAGE OF MOUNT P SPECT CUIQTY, ILLINOIS, a Municipal Corporation, and Village Clerk of said Village, personally nown to me th same persons whose names are subscribed to the foregoing instrument,.appeared before me this day in person and acknowledged that they signed and delivered said instrument as their own free and voluntary act and as the free and voluntary act of said Village for the uses and purposes therein set forth; and the said Village Clerk.then and there acknowledged that he, as custodian of the Seal of the said Village, did affix the Seal to the foregoing instrument as his free and voluntary act and the free and voluntary act of the said Village, for the uses and purposes therein set forth. GIV N under my hand and notarial seal this amyzday of 1975. Notary Public My Commission Expires: Mh Commi�te� �� �� 1lrf1 . SUBORDINATION TO THE ABOVE GRANT OF EASEMENT The Union Bank, a California corporation; hereby executes this Grant of Easement solely for the purpose of subordinating all of the right, title and interest of said Union Bank in and to the Real Estate under any by virtue of any mortgage or mortgages on any portion or all of the Real Estate now or at -6- any time hereinafter registered with the Registrar of Titles of Cook County, Illinois, to the above Grant of Easement. UNION BANK, a California Corporation By ATTEST: 6eere6a r y 1 01 1 STATE OF CALIFORNIA ) SS COUNTY OF � Q On 1975, before me, the undersigned, a Notary PiAlic in and or said State, personally a peared_ known to me to be .the rest ent of the c rporation that executed the within Instru- ment, known to me to be the person who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within Instrument pursuant to its by -laws or a resolution of its Board of Directors. WITNESS my hand and official s eal. OFFICIAL SEAL �( °� NOTARY PUBLIC • CALIFORNIA Notary Public ' $i.,, PRINCIPAL OFFICE IN �: SAN FRANCISCO COUNTY My Commission Expires April 8_1978 , THIS DOCUMENT PREPARED BY: Arthur D. Nordenberg 77 West Washington Street Chicago, Illinois 60602 -7- EXHIBIT A PARCEL 1 THAT PART OF LOT 1 OF THE PLAT OF SUBDIVISION OF THE COLONY, BEING A SUBDIVISION OF PART OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 23, 1 TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE 3rd PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: STARTING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 50' OF SAID SOUTHEAST Z 1/4 WITH A LINE WHICH IS 50' WEST OF AND PARALLEL WITH THE EAST LINE OF i 3 0�o SAID SECTION 23, THENCE WESTERLY ALONG SAID NORTH LINE A DISTANCE M OF 717.43' TO A POINT OF BEGINNING; THENCE CONTINUING WESTERLY ALONG SAID NORTH LINE A DISTANCE OF 560.00'; THENCE TURNING AN ANGLE OF 1� 90 42' -40" TO THE RIGHT OF THE PREVIOUSLY DESCRIBED COURSE A DISTANCE o i OF 595.00'; THENCE TURNING AN ANGLE OF 89 -17'-20" TO THE RIGHT OF THE PREVIOUSLY DESCRIBED COURSE A DISTANCE OF 273.25'; THENCE TURNING o AN ANGLE OF 90 TO THE LEFT OF THE PREVIOUSLY DESCRIBED COURSE A DISTANCE OF 175.06'; THENCE TURNING AN ANGLE OF 90 — 00' -00" TO THE �L M RIGHT OF THE PREVIOUSLY DESCRIBED COURSE A DISTANCE OF 444.8'; THENCE. TURNING AN ANGLE OF 90 — 00' -00" TO THE RIGHT OF THE PREVIOUSLY DESCRIBED COURSE A DISTANCE OF 226.00'; THENCE TURNING AN ANGLE OF 90 — 00' - 00" TO THE RIGHT OF THE PREVIOUSLY DESCRIBETI..COURSE A DISTANCE OF 165.00'; THENCE TURNING AN ANGLE OF 90 - 00' -00" TO THE LEFT OF THE PREVIOUSLY DESCRIBED COURSE A DISTANCE OF 544.00' TO THE POINT OF BEGINNING. TOTAL 417,181 SQ. FT. = 9.5770 ACRES �_■ �_■ . r.r ANOIOO SIOAdAYfI?ANV1 Y SANNSION31N3Wd0AA3U.. �i �■ �■ 57133N ON 4 INU711SNOD ■- r 2 x W SNi1bW 3t1 31b0 'ON SIONIIII 133dS0}ld '1W S1N3WIHVdtl ANOIOO nsroel vn� oan es. oa. ay o 1191HX3 i z o I N C 6 F W H V 0 2 oz ZD Yota 3AItl0 3NtlMtll30 M W <02 K a LUCE Lozo X o < W O oc a _ s °a e t8 2 17 35 P 821111 ar ''.S oz 0 „ r 7 i m or IE�l L lf X % u m W 19 V IHV ➢W �, rK/' '", EXHIBIT F wj if W07 Poo Nil V)E l � rJ t i � �� � IIIJI��� r" I� ��� „,,,,� � ��C����I�Ii�011�0 l� �J) II ff; i ,I o , ""Wom I v P Ins If ol/ lof p p/g/g r �' I MINE NUNN" fs'a Impose a P � �� � JIIX1111 INNER/ IP 14111 /1 f J v sommo, rnoms ,r �t � rr �� � .: 1 u � �l pr y �1 ,.,, " " , .,,,, , " �; �;'/ , ��ny ,. i' �� i � � ,� u � r �j� a � ��1� / % /rr "rar�1 //99f �/ / / / % / / / / % / / / / / /O / / / / / / / / / / / / /%% f l l � �> Y ��r� %l s � nrr�arrmiiiiie�p / ��� , �, � . � __ INF i � / //I 'in �lJ / /li /,Ga rllll'llll � k � ,... Y.. U fam polomm, 331� . . . . . . . . . . . . . . . . . . . ... Y x FV10 ' f I�I�Ii�l i y r ­)vr/ W AVE, j Ri l�rr P o IN V1 pm, o" rn F f jp g 1 UN rr i ll's � -1.11-11 11 ....... . . . T,t Z 13, (0 f If 1 1 /111 M/M JJ if ISM, N, 01111 0 zz 2A ...... . . . 1( 1 0, ft Fqff J i i 10/ r(Off 'j JIMENOW 01 . ... . . . .... ............. . . . .. . ....... .. . ......... . .. . . .. ...... . . ...... . ....... pk L cir a 1 1E w [E V 'mu CO� ONY 0 r jurr MOOR bFMED PERWid PFi P o IN V1 pm, o" rn F f jp g 1 UN rr i ll's � -1.11-11 11 ....... . . . T,t Z 13, (0 f If 1 1 /111 M/M JJ if ISM, N, 01111 0 zz 2A ...... . . . 1( 1 0, ft Fqff J i i 10/ r(Off 'j JIMENOW 01 . ... . . . .... ............. . . . .. . ....... .. . ......... . .. . . .. ...... . . ...... . ....... ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 2424, RELATIVE TO A CONDITIONAL USE PERMIT (PLANNED UNIT DEVELOPMENT) AND VARIATIONS FOR PROPERTY LOCATED AT 475 ENTERPRISE DRIVE  WHEREAS, on May 1, 1973, the President and Board of Trustees of the Village of Mount Prospect adopted Ordinance No. 2424 , which granted a conditional use for a Planned Unit Development (PUD) for the property legally described as follows: The Colony, being a subdivision of part of the Southeast Quarter of the Southeast Quarter of Section 23, Township 41 North, Range 11 East of the Third Principal Meridian. said Ordinance being subsequently amended by Ordinance No. 2545, adopted November 19, 1974, and Ordinance 2619, adopted April 6, 1976; and WHEREAS, SPACECO, Inc. (Petitioner) has filed a petition to amend the Planned Unit Development (PUD) being the subject of Ordinance No. 2424 to replace the tennis courts with parking stalls and for certain Variations with respect to property located at 475 Enterprise Drive, Property, as described in the plat of survey attached hereto as Exhibit 1 and legally described as follows: That part of Lot 1 of The Colony, being a subdivision of part of the Southeast Quarter of the Southeast Quarter of Section 23, Township 41 North, Range 11 East of the Third Principal Meridian taken as a tract and more particularly described as follows: Commencing at the Southeast corner of the Southeast Quarter of aforesaid Section 23; thence North 00 degrees 37 minutes 35 seconds East along the east line of said Southeast Quarter 50.00 feet: thence South 90 degrees 00 minutes 00 seconds West and parallel to the south line of said Southeast Quarter 417.75 feet (417.73 Deed) to the point of beginning: thence continuing South 90 degrees 00 minutes 00 seconds West, 909.78 feet (909.70 feet Deed) to the west line of the East Half of said Southeast Quarter of Section 23: thence North 00 degrees 42 minutes 05 seconds East along said west line of 1,286.23 feet (1285.94 feet Deed) to the north line of the South Half of said Southeast Quarter: thence North 89 degrees 56 minutes 44 seconds East along north said line 394.55 feet; thence South 00 degrees 38 minutes 30 seconds West 480.00 feet: thence North 89 degrees 56 minutes 44 seconds East, 381.35 feet to the west right of way line of Elmhurst Road: thence South 00 degrees 37 minutes 35 seconds West along said west line, 293.29 (293.232 feet Deed): thence South 90 degrees 00 minutes 00 seconds West 366.13 feet (361.13 feet Deed) : thence South 00 degrees 48 minutes 26 minutes West, 514.15 feet (514.053 feet Deed) to the point of beginning, said parcel containing 23.6710 Acres, all in Cook County, Illinois; and PIN(s): 08-23-402-004-0000 08-23-402-055-0000 08-23-402-066-0000 08-23-402-013-0000    WHEREAS, the Petitioner seeks (1) to amend Ordinance 2424 to replace the tennis courts with parking stalls; (2) a Variation to allow a fence to enclose two tenths of a percent (.2%) of the maximum fenceable area for a dog run; (3) a Variation to allow a seventy three percent (73%) (752,500 sq. ft.) overall coverage; and 4) a Variation to reduce the open space from fifty percent (50%) (376,250 sq. ft.) to thirty nine percent (39%) (293,934 sq. ft.) of the total lot coverage; and PZ-03-13, 745 Enterprise Drive Page 2/2 WHEREAS, a Public Hearing was held on the request to amend the Ordinance 2424 along with said Variations being the subject of PZ-03-13 before the Planning and Zoning Commission of the rd Village of Mount Prospect on the 23 day of May, 2013, pursuant to proper legal notice having th been published in the Journal & Topics Newspaper on the 8 day of May, 2013; and WHEREAS, the Planning & Zoning Commission has submitted its findings and recommendations to the President and Board of Trustees in support of the request being the subject of PZ-03-13; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the request and have determined that the same meets the standards set forth in the Village Code and that the granting of the proposed amendment to the PUD and Variations would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO:Ordinance No. 2424 is further amended by granting the following:   (1) An amendment to replace the tennis courts with parking stalls in accordance with the drawings attached as Exhibits 2 and 3; (2) A Variation to allow a fence to enclose two tenths of a percent (.2%) of the maximum fenceable area for a dog run in accordance with the drawings attached as Exhibit 2; (3) A Variation to allow a seventy three percent (73%) (752,500 sq. ft.) overall coverage in accordance with the drawings attached as Exhibit 4; and 4) A Variation to reduce the open space from fifty percent (50%) (376,250 sq. ft.) to thirty nine percent (39%) (293,934 sq. ft.) of the total lot coverage in accordance with the drawings attached as Exhibit 5; and 5) All being subject to compliance with all applicable Village Codes and requirements including, but not limited to, minimum pavement sections, perimeter curb, landscaping and lighting. SECTION THREE: 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 FOUR: 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: NAYS: ABSENT: PASSED and APPROVED this day of , 2013. ____________________________________ Arlene A. Juracek Mayor ATTEST: _________________________________ M. Lisa Angell Village Clerk H:\CLKO\WIN\ORDINANCE2\Amend ConUsePUD475ENTERPRISEDRIVEJUNE42013    A TA tHL OAKTON r 3 1 H Er I Jam. It JA 10 to! t; 22! 23 4 I Al 21i 19 20 OAKTON r 3 1 H SM9Ygtl 31V9 O9 9 34 Uva ml SKWM'133dWW'JA A SIMMUM AN0103 3 IWIHX3 o ci 2 Fo rw.(-j 3AM 3WMVUa a- M X 0 'L.Cui At LU v Ic INS t d Or b �- xl IME NN Is SMMN3tl 3tr0 SMWnIY 31Y0 ON SIOR1i lJ9d50Nd'1W SI ; -LuVdtl ANOIOJ � coproyy u�P mr aaaaa•i:M'a.+w � e ��, e , ai � ,� H LBiwa ar°tl asNIWR13 K Sf Cf .Os ,6Z 'f62 � 92 8r.005 ,s °•e1s z T i a U O i L r O 8 2 T i X° N W ° 0 s M Of,Bf .005 ao oar ° L. 1 286.23' N00•42 OS'E 3. Willow I ll ;C7 EXHIBIT G PROPOSED PERVIOUS AREA (278 S.F.) 99% 11 , 'Rat 10*11 I. 5,\d41% 12 w 1 ll THE ni ONY dd i a s EXHIBIT E p Village of Mount Prospect Community Development Department MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER DATE: MAY 24, 2013 SUBJECT: PZ -05- 1 3 1 900 BUSINESS CENTER DR. / VARIATIONS (S C IGHT, ROOF PITCH OF ACCESSORY STRUCTURE) qWNEW00 � The Petitioner proposes to occupy the west half of the existing building to serve as a regional headquarters for Bladeroom, a company which specializes in the manufacturing and sales of modular data centers. The Petitioner plans to construct an accessory structure that would be used as a visual demonstration of the product that Bladeroom offers for sale. The structure would function as an accessory to the primary use. The accessory structure would be setback five feet (5') from the north property line, which would not meet the required setback. The Village Code requires a minimum six foot (6') setback. Variations to the height and roof pitch are also required. The accessory structure would measure thirteen feet (13') tall, when a maximum of ten feet (10') in height is allowed. The roof would be flat when a minimum pitch of three to twelve (3:12) is required. The Planning & Zoning Commission conducted a public hearing to review the requests on Thursday, May 23, 2013, and by a vote of 5 -0, recommended approval of the following: 1) A Variation to reduce the required setback of an accessory structure that will be incidental to the proposed tenant from six feet (6) to five feet (5') along the north property line; 2) A Variation to increase the height of an accessory structure that will be incidental to the proposed tenant from ten feet (10') to thirteen feet (13'); and 3) A Variation to reduce the roof pitch of an accessory structure that will be incidental to the proposed tenant from three to twelve (3:12) to flat. Details of the proceedings and items discussed during the Planning and Zoning Commission hearing are included in the attached minutes. Please forward this memorandum and attachments to the Village Board for their review and consideration at their June 4, 2013 meeting. Staff will be present to answer any questions related to this matter. William J. dooney, Jr., CP H:TLAMPIanNng do Zoning COMMT Z 2013\MEJ Mc— \PZ4)5 -13 900 Busincss Ccnicr Dr.(VAR5).d— III BladeRoom DATA CENTERS May 29, 2013 Bill Cooney Village of Mount Prospect 50 South Emerson Street Mount Prospect, IL 60056 Re: PZ -05 -13 / 900 BUSINESS CENTER DR. /VARIATIONS (SETBACK, HEIGHT, ROOF PITCH OF ACCESSORY STRUCTURE) Dear Mr. Cooney, The Planning & Zoning Commission voted 5 -0 that the Village Board approve our requests for 1) A Varia- tion to reduce the required setback of an accessory structure that will be incidental to the proposed tenant from six feet (6') to five feet (5') along the north property line, 2) A Variation to increase the height of an accessory structure that will be incidental to the proposed tenant from ten feet (10') to thirteen feet (13'), and 3) A Variation to reduce the roof pitch of an accessory structure that will be incidental to the proposed tenant from three to twelve (3:12) to flat. This is an exciting opportunity for BladeRoom USA, LLC and we look forward to the prospect of locating our corporate headquarters in Mount Prospect, IL. We request that the Village Board waive the second reading currently scheduled for June 18, 2013 and take final action at the June 4, 2013 meeting. Please feel free to contact me at (408) 464 -4534 with any questions. Sincerely, Matthew J. Englert, Chairman A Joint Venture Company of Rosedin Electric, Inc., and BladeRoom Group Ltd. BladeRoom USA Gateway Executive Park, 1821 Walden Office Square, Suite 400, Schaumburg, IL 60173 Tel: +1 (847) 397.6036 Fax: +1 (847) 303.1121 Email: postbox @bladeroom.com Website: http: / /us.bladeroom.com MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -05 -13 PROPERTY ADDRESS: PETITIONER: PUBLICATION DATE: PIN NUMBER: Hearing Date: May 23, 2013 900 Business Center Drive BladeRoom USA May 8, 2013 03 -35 -104- 007 -0000 REQUESTS: 1) Variation to decrease the setback of an Accessory Structure 2) Variation to increase the Height of an Accessory Structure 3) Variation to decrease the Roof Pitch of an Accessory Structure MEMBERS PRESENT: Joseph Donnelly, Chair Tom Fitzgerald Keith Youngquist Leo Floros Jacquclinc Hinabcr MEMBERS ABSENT: William Beattie Sharon Otteman STAFF MEMBERS PRESENT: Consuelo Andrade, Senior Planner Brian Simmons, Deputy Director of Community Development INTERESTED PARTIES: BladeRoom USA, LLC Chairman Donnelly called the meeting to order at 7:32 p.m. Mr. Youngquist made a motion, seconded by Mr. Floros to approve the minutes of the March 28, 2013 Planning & Zoning Commission meeting; the minutes were approved 5 -0. After hearing one (1) previous case, Chairman Donnelly introduced Case PZ- 05 -13, 900 Business Center Drive, BladeRoom USA, LLC at 8:07 p.m. Ms. Andrade stated the Petitioner for PZ -05 -13 is seeking approval for Variations for an accessory structure on the property located at 900 Business Center Drive. The subject property is located on the North side of Business Center Drive and contains a one -story building with the related improvements. Ms. Andrade stated the building was zoned I1Limited Industrial and also boarders 11 Limited Industrial District on all sides. Ms. Andrade stated the Petitioner proposes to occupy the west half of the existing building to serve as a regional headquarters for BladeRoom, a company which specializes in the manufacturing and sales of modular data centers. Additionally, the Petitioner proposes to construct an accessory structure that would be used as a visual demonstration of the product that BladeRoom offers for sale. The structure would function as an accessory to the primary use, which would be the office and light manufacturing that would take place inside the building. Joseph Donnelly, Chair PZ -05 -13 Planning & Zoning Commission Meeting May 23, 2013 Page 1 of 4 Ms. Andrade stated the Petitioner's site plan indicated the accessory structure would be located to the north of the building along the north property line. Ms. Andrade further explained the Petitioner's site plan included two concrete pads east of the accessory structure which would be used for condensing units. Ms. Andrade explained the Petitioner's plans indicated the accessory structure would measure 3,944 square feet in area and would be setback five feet (5') from the north property line, which would not meet the required setback of six feet (6'). Therefore, the Petitioner is requesting Variation approval to reduce the required setback from six foot (6') to five feet (5') along the north property line. Ms. Andrade addressed the elevation plans for the Subject Property which indicated the structure would consist of a flat roof measuring thirteen feet (13') from the grade to the top of the roof. Ms. Andrade stated the proposed roof and height of the accessory structure does not meet the Zoning Code requirements. She stated the code limits the height of an accessory structure to a maximum of ten feet (10') in height and requires a minimum roof pitch of three to twelve (3:12). Ms. Andrade stated the Petitioner is seeking Variations to increase the height from twelve feet (12') to thirteen feet (13') and allow a flat roof. Ms. Andrade stated the Subject Property complies with the Village's zoning regulations and the primary building meets the required setbacks and overall lot coverage is under the maximum seventy five percent (75 %). Ms. Andrade explained the proposed the accessory structure would not comply with the required roof pitch, exceed the maximum height, and in addition not comply with setback requirement. Ms. Andrade stated the parking for the Subject Property currently complies with the code requirement and would still be in compliance with the proposed improvements. Ms. Andrade said the standards for a Variation are listed in Section 14.203 of the Village Zoning Ordinance and include seven (7) specific findings that must be made in order to approve a Variation. A summary of the findings include: • A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; • Lack of desire to increase financial gain; and • Protection of the public welfare, other property, and neighborhood character Ms. Andrade stated the Petitioner indicated a Variation to the accessory structure's required setback was necessary in order avoid unacceptable losses to the parking count, and limit the visibility of the structure from the road. The corner lot limits the location options for the accessory structure. Ms. Andrade further stated that the proposed location was the best option. Prior to the current proposal, the Petitioner submitted a proposal that placed the accessory structure in the parking lot area along the east property line. This site plan would have complied with the required setbacks, but would have reduced the parking from sixty five (65) to forty two (42). In addition, the accessory structure would have been visible from Business Center Drive. The current proposal would only reduce the current parking spaces by three (3) parking spaces. Ms. Andrade stated Staff was supportive of the setback Variation request as the property's physical characteristics limits the options for the location of the accessible structure. The Petitioner's current proposal Joseph Donnelly, Chair PZ -05 -13 Planning & Zoning Commission Meeting May 23, 2013 Page 2 of 4 would place the accessory structure behind the building, maintain as many existing parking spaces, and reduce the visual impact from the public road. Ms. Andrade discussed the Variation request to increase the height of the accessory structure to thirteen feet (I Y). She stated the Petitioner indicated the Variation is necessary because the accessory structure is "fixed sized ". Ms. Andrade stated Staff was supportive of this request as the accessory structure is unique with respect to use. The Village Code's ten foot (10') height restriction is intended for storage sheds in residentially zoned properties. Ms. Andrade stated that the Petitioner stated a Variation to decrease the roof pitch to allow a flat roof was necessary because the accessory structure is "fixed sized ". Ms. Andrade stated Staff was supportive of this request as the accessory structure would be consistent with the primary building on the Subject Property and surrounding properties. The primary building and surrounding buildings in the area consist of flat roofs. The Village Code's minimum three to twelve (3:12) roof pitch is intended for storage sheds in residentially zoned properties. Neither of the Variation requests would be detrimental to the public welfare or injurious to other property or improvements in the neighborhood. The proposal has been designed to be compatible with the surrounding properties. Ms. Andrade stated the proposed Variation requests met the Variation standards listed in the Zoning Code. Based on these findings Staff recommended that the Planning & Zoning Commission approve: A. A Variation to reduce the required setback of an accessory structure that will be incidental to the proposed tenant from six feet (6') to five feet (5') along the north property line; B. A Variation to increase the height of an accessory structure that will be incidental to the proposed tenant from ten feet (10') to thirteen feet (I Y); and C. A Variation to reduce the roof pitch of an accessory structure that will be incidental to the proposed tenant from three to twelve (3:12) to flat." Ms. Andrade stated the case was Village Board final. Chairman Donnelly then asked the board if there were any questions for the Staff regarding the case. Commissioner Youngquist asked if there was a maximum square foot size for any accessory structure. Ms. Andrade responded there was no size restriction for the commercial and industrial districts. Commissioner Donnelly swore in the Petitioners for BladeRoom USA. Mr. Timothy Hill 30 W. Monroe, Suite #510 Chicago, Illinois. Mike Palmed, CFO BladeRoom USA 1821 Walden Office Square, Schaumburg, Illinois. Matt Englert, Chairman of BladeRoom USA 880 Maybury Road, San Jose California. Mr. Englert stated BladeRoom intends to use 900 Business Center Drive as the headquarters for the company, and intends to provide data center products all over the country and internationally. Joseph Donnelly, Chair PZ -05 -13 Planning & Zoning Commission Meeting May 23, 2013 Page 3 of 4 He explained the intended use of the property is to store inventory of the product and to put it on display for potential customers. Chairman Donnelly clarified the height and size variations are needed for the product to run correctly. Commissioner Floros asked if they leased the building and were new to the area. There was general discussion on how B1adeRoom chose the building and how their lease was contingent upon the variations needed. Mr. Palmed stated there would be about thirteen (13) employees to start off and would vary from project management to engineering. Commissioner Hinebar asked if there would be storage on the premises. Mr. Palmed responded some of the building would be used for storage. Mr. Youngquist verified that the room was going to mainly be constructed as a model room for the products. Mr. Floros asked what the product manufactured was used for. Mr. Palmed explained that the product was used by companies like Facebook for data service. Chairman Donnelly asked if they would not need the loading dock that is being eliminated. Mr. Hill stated that there were two loading docks on the site and the one that will remain is more beneficial for the use intended. Chairman Donnelly asked if there was anyone else in the audience to address the matter. Hearing none, he closed the public hearing portion of the case at 8:24 p.m. and brought the discussion back to the board. Commissioner Floros made a motion, seconded by Commissioner Youngquist to approve the Variations to the height, roof pitch, and setback of an accessory structure. UPON ROLL CALL: AYES: Fitzgerald, Hinaber, Youngquist, Floros, Donnelly. NAYES: None The motion was approved 5 -0. The Village Board's decision is final for this case. Commissioner Floros made a motion, seconded by Commissioner Youngquist to adjourn at 8:24 p.m. The motion was approved by a voice vote and the meeting was adjourned. Jenn Commu ity Development Administrative Assistant Joseph Donnelly, Chair PZ -05 -13 Planning & Zoning Commission Meeting May 23, 2013 Page 4 of 4 Mtxrnt Pic>sjx -cc ! tt # tt i �w �. l } J• .. t � .. �' � -: �f � r ^Yl.ti !S't f 5 "� ''�� ;�. i�. v J y W '` ; .��a t•�: �4git1 j?`� try « { r� i �i • � ki I.! +� � � T 31 t.� �w � I '. 1R d � r .. 7 ! }K'r@ er; \ ^�++�i I � ��t" - e� i •4.ra! rcxl la's . 4 n! t 1 nn K Z '`i 1' •n J �� f n Kl�a.'`iw Y.'y _3"i�3;•i'�x� ''p°'. iZ .a .. ` t,., Ik {Y h ilW3t!"' '.0 -.(I r� ��° i .;- fT•P e e�.`" - i �' �� '"�` {'.a+X' � ` �" e � ' � Q ♦ 'a � � 1 r - +.......�'�"°� ^sue'} •'� j, .' '� eta � r ' C.�.,� (x�.�"* „ D iv f� � '�{ ��'�>� .J �, 4•�?,F= nt + �qq p, ''� •t j 'j" P 3'rr' �r f��`� 1}lhS�`4•1` •'J; ^1, ^}" 70 K t ,�G• If.ly \ •r lJO( Zh kktj M4 tY� ta'�'aP. ! fi t ,..« -° ".:r � wJ• .b ` t r ... ' ./"' - '.^mss' S.o - ' - �,iiw�gSt �. �.:�' `� '1•: ••� rr '`, Sr.' .•I.:: " ���,`` \,� w �° i,`.�19`. Village of Mount Prospect "rr Community Development Department MEMORANDUM TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION JOSEPH DONNELI,Y, CHAIRPERSON FROM: CONSUELO ANDRADE, SEI`'IOR PLANNER DATE: MAY 10, 2013 HEARING DATE: MAY 23, 2013 SUBJECT: PZ -OS -13 / 900 BUSINESS CENTER DR. / VARIATIONS TO THE HEIGHT, ROOF PITCH, AND SETBACK OF AN ACCESSORY STRUCTURE BACKGROUND A public hearing has been scheduled for the May 23, 2013 Planning & 'Zoning Commission meeting to review the application by Bladeroom USA, LLC (the "Petitioner ") regarding the property located at 900 Business Center Drive (the "Subject Property "). The Petitioner is seeking Variations to decrease the required setback, increase the height, and decrease the roof pitch of an accessory structure. The P &l, hearing was properly noticed in the May 8, 2013 edition of the Journal & Topics Newspaper. In addition, Staff completed the required written notice to property owners within 250 -feet and posted a Public Hearing sign on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located on the north side of Business Center Drive and contains a one -story building with related improvements. The Subject Property is zoned I1 Limited Industrial and borders the I1 Limited Industrial District on all sides. SUMMARY OF PROPOSAL The Petitioner proposes to occupy the west half of the existing building. Per the Petitioner's floor plan, the facility would consist of an office, a warehouse /light manufacturing area, mechanical room, electrical room, and generator room. Per the Petitioner, the space would serve as a regional headquarters for Bladeroom, a company specializing in the manufacturing and sales of modular data centers. The proposed open warehouse /light manufacturing area would be used for light assembly and repair of components prior to shipping, and storage of related items. Additionally, the Petitioner proposes to construct a "freestanding modular data center (Tech Center) that would be used as a visual demonstration of the product that Bladeroom offers for sale ". The structure would function as an accessory to the primary use, which would be the office and light manufacturing that would take place inside the building. Per the attached plans, the accessory structure would measure 3,944 square feet in area. As proposed, the accessory structure would be setback five feet (5') from the north property line, which would not meet the required setback. The Village Code requires a minimum six foot (6') setback from side and rear property lines. The Petitioner is requesting Variation approval to reduce the required setback from six foot (6') to five feet (5') along the north property line. The attached Utility Plan indicates a sanitary sewer and waterline leading to the proposed building. A couple of issues regarding the proposed utilities will need to be addressed before submitting for a building permit. The PZ -05 -13 0 0 Planning & Zoning Commission Meeting May 23, 2013 Page 3 water service for the proposed auxiliary structure will be required to connect to the existing water service inside the main building. A separate tap of the public main for the auxiliary structure will not be permitted. An MWRD permit will be required for the proposed sanitary service. The Site Plan indicates a three foot (3') separation between the primary building and the accessory structure. The separation between the primary and accessory building will need to be evaluated for building/fire separation and egress width requirements. Additional distance may be required between buildings. The Petitioner will be required to submit an egress plan, including occupant loads, travel distances, egress widths, and common path of travel distances. A fire sprinkler system and fire alarm system will be required for the new building. Fire sprinkler shop drawings, hydraulic calculations, equipment cut sheets, and fire alarm shop drawings with point to point wiring diagrams, battery load calculations, and equipment cut sheets will be required to be submitted. In addition, the Petitioner will be required to obtain a business license. While these issues can be addressed at the building permit stage, these requirements are included in the Staff Report in an effort to ensure the Petitioner is aware of the requirements and submits a complete building permit application. The Site Plan also indicates two concrete pads for condensing units would be constructed to the east of the proposed accessory structure. Screening will be required for ground mounted mechanical and utility equipment_ Equipment that is six feet (6') or less in height will be required to be screened from view with landscaping. Equipment that is taller than six feet. (6) in height will be required to be screened from view with an enclosure that is constructed to be consistent with the material of the principal structure and landscaping around the enclosure. Cut sheets for the condensing units were not submitted. The Petitioner will be required to submit cut sheets for the units and provide the required screening at time of building permit submittal. Elevations The elevation plans indicate the structure would consist of a flat roof and measure thirteen feet (13') tall, as measured from the grade to the top of the roof. The proposed roof and height of the accessory structure would not meet the Zoning Code requirements. The 'Zoning Code limits the height of an accessory structure (that is not a detached garage) to a maximum of ten feet (10') in height. In addition, the Village Code requires a minimum roof pitch of three to twelve (3:12). The Petitioner is seeking Variations to increase the height from twelve feet (12') to thirteen feet (13') and allow a flat roof. Parking The Subject Property currently provides sixty five (65) parking spaces, including three accessible stalls. The Petitioner's proposed improvements would reduce the parking down to sixty two (62) spaces. The Subject Property would comply with the required parking requirements. The following table summarizes the parking requirements for the existing tenant and the proposed data center: Tenant w Sire S .Ft. Parking Req uirement Spaces Re uired F,xistin Tenant 15,001 Office 1;996 4 spaces per 1,000 s. ft 8 Warehouse 1.3,005 1 space per 1,500 sq. ft 9 Proposed Tenant 28,277 Office _ 1,833 _ 4 spaces per 1,000 sq. ft 7 _ __ Wareho /Ligh bidustri 22,500 i 1 space per 1,500 sq. ft 15 Tech Center accesso structure 3,944 1 space per 1,500 sq. ft 3 Total Spaces Required 42 Proposed Parking 62 Y Surplus 20 PZ -05 -13 9 • Planning & "Zoning Commission Meeting May 23, 2013 Page 4 GENERAL ZONING COMPLIANCE The Subject Property complies with the Village's zoning regulations. The primary building meets the required setbacks and the overall lot coverage is under the maximum seventy five percent (75 %) allowed. The proposed accessory structure would meet the required setbacks from the front, exterior side, and rear yard, but not from the interior side yard. The roof pitch and height of the accessory structure would also not comply with the Code requirements. The proposed improvements will increase the overall lot coverage from sixty five percent (65 %) to sixty six percent (66 %)_ The following table compares the Petitioner' proposal to the 11 Limited Industrial District's bulk requirements: VARIATION STANDARDS The standards for a Variation are listed in Section. 14.203.C.9 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Variation. The following list is a summary of these findings: • A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; • Lack of desire to increase financial gain; and • Protection of the public welfare, other property, and neighborhood character. The Petitioner seeks a Variation to the accessory structure's required setback. The Petitioner states in the attached application that the corner lot limits the location options for the accessory structure. He further states, that the proposed location is the best option in order avoid unacceptable losses to the parking count, and limit the visibility of the structure from the road. Prior to the current proposal, the Petitioner submitted a proposal that placed the accessory structure in the parking lot area along the east property line. This site plan would have complied with the required setbacks, but would have reduced the parking from sixty five (65) to forty two (42). In addition, the accessory structure would have been visible from Business Center Drive. The current proposal would only reduce the current parking spaces by three (3) parking spaces. Staff is supportive of the setback Variation request as the property's physical characteristics limits the options for the location of the accessible structure. The Subject Code Requirements Existing Proposed Setbacks: - Front Min. 30' 30' (primary bldg.) No Change (primary bldg.) 230 accesso a stricture - Exterior Side (S) Min, 30' _ 46' (primary bldg.) No Change (primary bldg.) 166' (accessog structure -Interior Side (N) Min. 15' (primary bdlg.) / 30' (primary bldg.) No Change (primary bldg.) Min. 6' (accessory structure ) 5' (accessory structure - Rear (E) Min. 20' (primary bdlg.) / 150' (primary bldg.) No Change (primary bldg.) Min. 6' (accessory structure 150' accesso structure Roof Pitch No requirement (primary bdlg.) Flat (primary bldg.) No Change (primary bldg.) Min. 3:12 (accessory structure ) Note at roo Reight Max. 40' (primary bldg.) 21.4' (primary bldg.) No Change (primary bldg.) Max. 10' (accessory structure 13' accesso structure Lot Coverage Max. 75% 65% 66% VARIATION STANDARDS The standards for a Variation are listed in Section. 14.203.C.9 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Variation. The following list is a summary of these findings: • A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; • Lack of desire to increase financial gain; and • Protection of the public welfare, other property, and neighborhood character. The Petitioner seeks a Variation to the accessory structure's required setback. The Petitioner states in the attached application that the corner lot limits the location options for the accessory structure. He further states, that the proposed location is the best option in order avoid unacceptable losses to the parking count, and limit the visibility of the structure from the road. Prior to the current proposal, the Petitioner submitted a proposal that placed the accessory structure in the parking lot area along the east property line. This site plan would have complied with the required setbacks, but would have reduced the parking from sixty five (65) to forty two (42). In addition, the accessory structure would have been visible from Business Center Drive. The current proposal would only reduce the current parking spaces by three (3) parking spaces. Staff is supportive of the setback Variation request as the property's physical characteristics limits the options for the location of the accessible structure. The Subject Y7_ -OS -13 9 Planning & Zoning Commission Meeting May 23, 2013 Page 5 Property is a corner lot and is irregular in size. The Petitioner's current proposal would place the accessory structure behind the building, maintain as many existing parking spaces, and reduce the visual impact from the public road. The Petitioner also seeks a Variation to increase the height of the accessory structure to thirteen feet (13'). Per the Petitioner, the Variation is necessary because the accessory structure is "fixed sized ". Staff is supportive of this request as the accessory structure is unique with respect to use. The Village Code's ten foot (10') height restriction is intended for storage sheds in residentially zoned properties. Finally, Petitioner seeks a Variation to decrease the roof pitch to allow a flat roof. Again, the Petitioner states the Variation is necessary because the accessory structure is "fixed sized ". Staff is supportive of this request as the accessory structure would be consistent with the primary building on the Subject Property and surrounding properties. The primary building and surrounding buildings in the area consist of flat roofs. The Village Code's minimum three to twelve (3:12) roof pitch is intended for storage sheds in residentially zoned properties. Neither of the Variation requests would be detrimental to the public welfare or injurious to other property or improvements in the neighborhood_ The proposal has been designed to be compatible with the surrounding properties. RECOMMENDATION Staff finds that the Variation requests to the reduce the setback, increase the height, and reduce the roof pitch of an accessory structure meet the Variation standards as listed in the Zoning Code and that granting such requests would be in the best interest of the Village. Based on these findings, Staff recommends that the Planning & Zoning Commission recommend approval of the following motions: "To adopt staff findings in the staff report as the findings of the Planning and Zoning Commission and recommend approval of A. A Variation to reduce the required setback of an accessory structure that will be incidental to the proposed tenant from six feet (6') to five feet (5') along the north property line; 13. A Variation to increase the height of an accessory structure that will be incidental to the proposed tenant from ten feet (10") to thirteen feet (13'); and C. A Variation to reduce the roof pitch of an accessory structure that will be incidental to the proposed tenant from three to twelve (3:12) to flat." The Village Board's decision is final for this case. I concur: William J. Cooney, AICP, Director of Community Development Al WIPLANIf- b—ingd 7arvnp COMMIVR% 2-113UU11' HcV.II U 4f-S -13 9M N-- Cmla Or. (VARS- SOWO. 11cy;h1, RW(hWh Of A --Y Sru I—).d— L j is �Ea cr lk� 0 0 aA CD ' I A 01- 2 -1 lC y � Z 2 � H m � Vi f/t 1 O A • O Z N / G n .ti D 1 D W Z m n ti O IM m p i N ti = m m i m M m � < y D O ' Z I 1 I, i - I -�l III I �I. II •E yw I I t I I I I � i I I I I �i II IIII! II I I i ! 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Emerson Street Mount Prospect, Illinois 60056 Phone 847.818.5328 FAX 847.818.5329 1 ll Zoning Request Application VI z Case Number 0 P &Z - - E-F Variation from Sec .14.306 Accessory Structures ❑ Text Amendment: Section(s) Development Name /Address a ao • P & Z Final [] W Date of Submission O � O U Street A Hearing Date U Summary of Requested Action(s): Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 1 TDD 847.392.6064 Zoning Request(s): Telephone (day) ❑ Conditional Use for ❑ Zoning Map Amendment: From to Matthew Englert Variation from Sec .14.306 Accessory Structures ❑ Text Amendment: Section(s) (Office Only) ❑ Other: E~ • P & Z Final [] W • Village Board Final O a U Street w rx U Summary of Requested Action(s): 4 a z 1. Variation to allow for reduced setback of an accessory structure from the rear yard lot line from 6' -0" to 5' -0" O N d City 2. Variation to allow for an increase in the height of an accessory structure from 10' - 0 " to 13' -0" Zip Code 3. Variation to allow for a reduction in the minimum roof slope of an accessory structure from 2'/2 in 12, to flat, at approximately 1 /4 11 per foot. Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 1 TDD 847.392.6064 Name Telephone (day) Matthew Englert 408- 321 -2201 Corporation Telephone (evening) F . Bladeroom USA, LLC 408 - 4644534 Z U Street Address Fax a 2698 Orchard Pkwy O d City State Zip Code Email San Jose CA 95134 menglert @rosendin.com Interest in Property Prospective Tenant Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 1 TDD 847.392.6064 Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 2 TDD 847.392.6064 ❑ Property owner same as applicant Name Telephone (day) W z z Michael Burns 847 -562 -2020 C N Corporation Telephone (evening) 43,840 Torburn Partners 312 -404 -7765 Setbacks: are consistent with the uses allowed in this zoning district. Z, w 0 Street Address Fax 0 Z 1033 Slokie Blvd, Suite 150 30 Ft a~ a City State Zip Code Email Northbrook IL 60062 mburns @torburn.com Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 2 TDD 847.392.6064 Address(es) (Street Number, Street) 900 North Business Center Drive Accessory Structure Lot Area (Sq.Ft) Zoning District Total Building Sq. Ft. Sq. Ft. Devoted to Proposed W This 130,772 I -1 43,840 Use 43,840 functions of the office and light manufacturing functions performed entirely in the existing building. The uses Setbacks: are consistent with the uses allowed in this zoning district. Z, Front Rear Side Side and sale of modular data centers. The open warehouse area will be used for light assembly and repair of 30 Ft 20 Ft 15 Ft 30 Ft (Corner Lot) example of the product. Hours of Operation Building Height Lot Coverage Standard Parking Spaces Accessible Parking Spaces a O 21.4 Ft 65% 62 3 Adjacent Land Uses: North South East West W I -1 I -1 U Property Index Number(s): 03- 35- 104 -007 -000 (attach additional sheets if necessary) Legal Description (attach additional sheets if necessary) W Lot 3 in Kensington Center Resubdivision IV, being a resubdivision of Lot 2 and 3 in Kensington Center, Phase Two, being a subdivision in part of the Nothwest 1 /, of Section 35, Township 42 North, Range 11, East of the third principal meridian, according to the plat thereof recorded December 31, 1980 as Document Number 25722781, in Cook County, Illinois. Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 2 TDD 847.392.6064 Proposed Land Use (as listed in the zoning code's land use table) Accessory Structure Describe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Standards for the Zoning Request Approval (attach additional sheets if necessary) W This proposal is for the erection of a freestanding modular data center (Tech Center) that will be used as a visual w demonstration of the product that Bladeroom, Inc. offers for sale. It functions as an accessory to the prime O W functions of the office and light manufacturing functions performed entirely in the existing building. The uses 0 are consistent with the uses allowed in this zoning district. 09 Z The office space will serve as a regional headquarters for Bladeroom, a company specializing in the manufacture O and sale of modular data centers. The open warehouse area will be used for light assembly and repair of E components prior to shipping, and for storage of related items. U The Tech Center will serve as a viewable model of the product so that potential buyers can have a full scale example of the product. Hours of Operation Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 2 TDD 847.392.6064 Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 3 TDD 847.392.6064 Address(es) (Street Number, Street) 900 Business Center Drive W p F 00 A F� Lot Area (Sq.ft) 130,772 Zoning District - I -1 Total Building Sq. Ft. 47,784 SF incl. Tech Cntr Sq. Ft. Devoted to Proposed Use 47,784 incl Tech Cntr r Setbacks: 0 WO Front 30 Ft Rear 5' -0 for accessory Side 15 Ft Side 30 Ft p " Building Height Lot Coverage Standard Parking Spaces Accessible Parking Spaces 21.4 Ft 66% 59 3 Developer Name Telephone (day) Address Fax Email Attorney Name Telephone (day) Address Fax Email Surveyor z Name Edward J. Molloy & Associates, LTD Telephone (day) 630 -595 -2600 Address 1236 Mark Street O 1 d o f o Fax 630 -595 -4700 Email e molloygejmolloy.com Bensenville, IL 60106 A Pr A Engineer Name Jacob & Hefner Telephone (day) 630 - 652 -4600 Address 1910 S Highland Avenue, Suite 100 - Lombard, IL 60148 U A Fax 630- 652 -4601 Email jputnam@jadcobandhefner.com Architect Name Sheehan Partners, ltd Telephone (day) 312- 633 -2900 Address 30 W. Monroe, Suite 510 Fax Chicago, IL 60603 Email timh@asp- arch.com Landscape Architect Name NA Telephone (day) Address Fax Email Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 3 TDD 847.392.6064 Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Community Development Department's Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff so that materials can be reviewed for accuracy and completeness at the time of submittal. In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agent's permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affirm that all information provided herein and in all materials submitted in association with this application are true and accurate to the best of-my kn ge. Applicant F _ Date (sig ature)� Print Name If applicant is not property owner: I hereby designate the applicant to act as my agent for the purpose of seeking the zoning request(s) described in this application and the associated supporting material. Property Owne Date (signature) Print Name Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois www.mountprospect.org 4 Phone 847.818.5328 Fax 847,818.5329 TDD 847.392.6064 Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Community Development Department's Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff so that materials can be reviewed for accuracy and completeness at the time of submittal. In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agent's permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affirm that all information provided herein and in all materials submitted in association with this application are true and accurate to the best of my knowledge. Applican (signature) Date Print Name If applicant is not property owner; I hereby designate the applicant to act as my agent for the purpose of seeking the zoning request(s) described in this application and the associated supporting material. Property Owner (signature) Date //-? Print Name 44 kzflu, Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois www.tnountprospect.org Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 Affidavit of Ownership COUNTY OF COOK ) STATE OF ILLINOIS } I Michael K. Burns the sole an Member X an authorized NWcXr of the Manager of under oath, state that I am owner of the property commonly described as 900 E. Business Center Drive, Mt. Prospect, Illinois and that such property is owned by Gemstone Mt. Prospect Industrial, LLC, an Illinois limited liability co mpany as of this date. Signature Subscribed and sworn to before me this day of 20 Notary Public Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 11 TDD 847.392.6064 :: Cook County Treasurer's Office — Chicago, Illinois :: Cook County Property Tax and Payment Information Printed copies of this information may not be used as a tax bill. Payments must be submitted with original tax bill. Property Index Number (PIN): 03- 35- 104 -007 -0000 The balance due, including any penalty, is as of: 5/212013 Payments processed are posted through: 5/1/2013 i(1 �2 Tay, Year lnforrllction - i 7vsbE t r` .,,!'i Tax Year 2012 Tax Type: Current Tax Volume: 235 PCL: 5 -93 Property Location 900 E BUSINESS CENTERDR MOUNT PROSPECT, IL 60055 -6032 To update contact the Cook County Assessor's Office at 312.443.7550. Mailing Information MANULIFE FINANCIAL 1475 WOODFIELD RD 108 SCHAUMBERG, IL 60173 -5466 To update your mailing information i k h r . To request a duplicate tax bill cock here Exemption Information Exemptions do not become effective until the 2nd installment To check if you received exemptions on previous tax years, click here Tax Payment Information Installment Tax Amount Billed 1st $33,768.26 Balance Due: $0.00 Tax Due Date Last Payment Received Date Received 03!0112013 $33,768.26 03/01/13 00 0 Print 4, Return to PIN Summary The Cook County Clerk's office can help you with redemption and delinquent inquiries on prior year's taxes. You may reach the Clerk at: Main Number. 312.603.5656 You may find frequently asked questions and additional information at the Clerk's Office's Web site: htto:t/www.000kcountvclerk.00m 5/2/13 1:59 PM http_// www. cookcountytreasurer .com /paymentresuIts .aspx ?paymenttype = current Page 1 of 1 e D 0 o� t� m to 00 II IIIIIII 1111111111111111111 IIIIIIIillllllllllll , Doc #: 1123012068 Fee: $50.00 Eugene "Gene" Moore RHSP Fee:$10.00 Cook County Recorder of Deeds Date: 08/18/2011 11:24 AM Pg: 1 of B LAG CF MOUNT PPOSPECT REAL MtNSrE TF1' (Space Above this Line for County Recorder's Use Only) SPECIAL WARRANTY DEED This Indenture, made as of this 54 ~ day of August, 2011 between JOHN HANCOCK LIFE INSURANCE COMPANY (U.S.A.), a Michigan corporation ( "Grantor "), and GEMSTONE MT. PROSPECT INDUSTRIAL, LLC, an Illinois limited liability company ( "Grantee "), whose address is c/o Gemstone Real Estate Partners, LLC, 1033 Skokie Boulevard, Suite 150, Northbrook, IL 60062, WITNESSETH, that Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and for other good and valuable consideration in hand paid by Grantee, the receipt and sufficiency whereof are hereby acknowledged, by these presents does REMISE, RELEASE, ALIEN AND CONVEY unto Grantee, and its successors and assigns, FOREVER, Grantor's interest in and to the real estate situated in the County of Cook and State of Illinois known and described in Exhibit A attached hereto and incorporated herein by reference. Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim or demand or whatsoever, of Grantor, either in law or in equity, of, in and to the above described premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises as above described, with the appurtenances, unto Grantee, and their successors and assigns forever. And Grantor, for itself, and its successors, does covenant, promise and agree, to and with Grantee, and their successors and assigns, that it has not done or suffered to be done, anything whereby the said premises hereby granted are, or may be, in any manner encumbered or charged, except as herein recited; and that the said premises, against all persons lawfully claiming, or to claim the same, by, through or under it, it WILL WARRANT AND DEFEND, subject to the matters described in Exhibit B attached hereto and incorporated herein by reference. x IN WITNESS WHEREOF, Grantor has caused its name to be signed to these presents, as of the day and year first above written. This Deed was prepared by: J. E. Rothschild Rothschild, Barry & Myers 55 West Monroe Street, Suite 3900 Chicago, IL 60603 Grantor: JOHN HANCOCK LIFE INSURANCE COMPANY (U.S.A.), a Michigan corporation I By: Name: Co Lino mon Its: Authorized Signatory After recording return to: Mr. Randal J. Selig Selig Jindal, LLP 1622 Willow Road, Suite 206 Northfield, IL 60093 Send Tax Bills To: Gemstone Real Estate Partners, LLC 1033 Skokie Blvd., Suite 150 Northbrook, IL 60062 STATE OF ILLINOIS X A W AUG. 11.11 ~ Y' Q rte. 0 rte. a 0 O O C= REAL ESTATE TRANSFER TAX DEPARTMENT OF REVENUE REAL ESTATE TRANSFER TAX �. 0 I FP 103024 I cuuK uuun r v REAL ESTATE TRANSACTION TAX e'1 x C GOO, n AUG. 11.11 CM � o o _ o U � No s~ O REVENUE STAMP REAL ESTATlc TRANSFER TA-K 0245400 FP 103022 PROVINCE OF ONTARIO ) ss C On this 3 vc( day of August, 2011, the foregoing instrument was acknowledged before me by Constantine Argimon, Authorized Signatory of John Hancock Life Insurance Company (U.S.A.), a Michigan corporation, on behalf of said corporation. otary Public j - ' vL&, r, k Ontario Province, Canada My commission is for life. EXHIBIT A 699 WHEELING ROAD, MT. PROSPECT, IL PIN: 03-35-104-040-0000 LOT 106 IN KENSINGTON CENTER RESUBDIVISION TWELVE, IN PART OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF RESUBDIVISION RECORDED OCTOBER 1, 1984 AS DOCUMENT NUMBER 27276309, IN COOK COUNTY, ILLINOIS. 799 BIERMANN COURT, MT. PROSPECT, IL PIN: 03 -35 -104- 006 -0000 LOT 2 IN KENSINGTON CENTER RESUBDIVISION IV, BEING A RESUBDIVISION OF LOTS 2 AND 3 IN KENSINGTON CENTER, PHASE TWO, BEING A SUBDIVISION IN PART OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 31, 1980 AS DOCUMENT NUMBER 25722781, IN COOK COUNTY, ILLINOIS. 900 -950 N BUSINESS CENTER, MT. PROSPECT, IL PIN: 03-35-104-007-0000 LOT 3 IN KENSINGTON CENTER RESUBDIVISION IV, BEING A RESUBDIVISION OF LOTS 2 AND 3 IN KENSINGTON CENTER, PHASE TWO, BEING A SUBDIVISION IN PART OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 31, 1980 AS DOCUMENT NUMBER 25722781, IN COOI{ COUNTY, ILLINOIS. EXHIBIT B 699 WHEELING ROAD MT. PROSPECT IL 1. GENERAL REAL ESTATE TAXES NOT YET DUE AND PAYABLE. 2. RIGHTS OF FISHER CLINICAL SERVICES, INC., AS TENANT ONLY, UNDER UNRECORDED LEASE CONTAINING NO RIGHTS OF FIRST REFUSAL OR OPTION TO PURCHASE. 3. TERMS, CONDITIONS, PROVISIONS AND LIMITATIONS AS CONTAINED IN ORDINANCE GRANTING SPECIFIC VARIATIONS FOR PROPERTY COMMONLY KNOWN AS THE NI -GAS PROPERTY ATTACHED TO THE PLAT OF SUBDIVISION RECORDED OCTOBER 2, 1979 AS DOCUMENT 25173362. (AFFECTS THE LAND AND OTHER PROPERTY) 4. UTILITY EASEMENT AS SHOWN ON THE PLAT OF KENSINGTON CENTER PHASE 1 RECORDED OCTOBER 2, 1979 AS DOCUMENT 25173362, 10 FEET ALONG THE WEST AND SOUTHWESTERLY LINES OF THE LAND. 5. EASEMENT FOR SEWER AS SHOWN ON THE PLAT OF SUBDIVISION RECORDED AS DOCUMENT 25173362, OVER THE EAST 10 FEET OF LOT 6. (AFFECTS THE UNDERLYING LAND). 6. EASEMENT OVER THE LAND FOR THE PURPOSE OF INSTALLING AND MAINTAINING ALL EQUIPMENT NECESSARY TO SERVE THE SUBDIVISION AND OTHER LAND WITH TELEPHONE AND ELECTRIC SERVICE TOGETHER WITH RIGHT TO OVERHANG AERIAL SERVICE WIRES AND THE RIGHT OF ACCESS TO SUCH WIRES AS CREATED BY GRANT TO ILLINOIS BELL TELEPHONE COMPANY, THE COMMONWEALTH EDISON COMPANY AND NORTHERN ILLINOIS GAS COMPANY, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS AND AS SHOWN ON THE PLAT OF SUBDIVISION RECORDED OCTOBER 2, 1979 AS DOCUMENT 25173362, OVER THE WEST AND SOUTHWESTERLY LINES OF THE LAND. 7. COVENANTS AND RESTRICTIONS (BUT OMITTING ANY SUCH COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS), RELATING TO DEVELOPMENT, IMPROVEMENT AND USE OF THE PREMISES CONTAINED IN THE DOCUMENT RECORDED JUNE 26, 1981 AS DOCUMENT NO. 25918973. 8. EASEMENT IN FAVOR OF THE COMMONWEALTH EDISON COMPANY AND CENTRAL TELEPHONE COMPANY, AND ITS /THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, TO INSTALL, OPERATE AND MAINTAIN ALL EQUIPMENT NECESSARY FOR THE PURPOSE OF SERVING THE LAND AND OTHER PROPERTY, TOGETHER WITH THE RIGHT OF ACCESS TO SAID EQUIPMENT, AND THE PROVISIONS RELATING THERETO CONTAINED IN THE GRANT RECORDED /FILED AS DOCUMENT NO. 25917123, AND ALSO AS SHOWN THE PLAT OF KENSINGTON CENTER RESUBDIVISION TWELVE RECORDED AS DOCUMENT 27276309. 9. TERMS, PROVISIONS AND RESERVATIONS CONTAINED IN THE QUIT CLAIM DEED FROM RAUENHORST CORPORATION TO JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, RECORDED JULY 21, 1981 AS DOCUMENT 25943895. (AFFECTS UNDERLYING LOT 6). 10. EASEMENT IN FAVOR OF THE COMMONWEALTH EDISON COMPANY AND CENTRAL TELEPHONECOMPANY, AND ITS /THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, TO INSTALL, OPERATE AND MAINTAIN ALL EQUIPMENT NECESSARY FOR THE PURPOSE OF SERVING THE LAND AND OTHER PROPERTY, TOGETHER WITH THE RIGHT OF ACCESS TO SAID EQUIPMENT, AND THE PROVISIONS RELATING THERETO CONTAINED IN THE GRANT RECORDED/FILED AS DOCUMENT NO. 25380233, AND ALSO AS SHOWN THE PLAT OF KENSINGTON CENTER RESUBDVSISION TWELVE RECORDED AS DOCUMENT 27276309. 11. EASMENT FOR PUBLIC UTILITIES OVER THE WESTERLY AND SOUTHWESTERLY 10 FEET OF THE LAND AS SHOWN ON THE PLAT OF. KENSINGTON CENTER RESUBDIVISION 12 RECORDED AS DOCUMENT 27276309. 12. EASEMENT FOR SEWER AS SHOWN ON THE PLAT OF KENSINGTON CENTER RESUBDIVISION TWELVE RECORDED AS DOCUMENT 27276309. 13. EASEMENT IN FAVOR OF VILLAGE OF MOUNT PROSPECT, AND ITS /THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, TO INSTALL, OPERATE AND MAINTAIN ALL EQUIPMENT NECESSARY FOR THE PURPOSE OF SERVING THE LAND AND OTHER PROPERTY, TOGETHER WITH THE RIGHT OF ACCESS TO SAID EQUIPMENT, AND THE PROVISIONS RELATING THERETO CONTAINED IN THE PLAT RECORDED /FILED AS DOCUMENT NO. 27276309, IN ALL PLATTED "EASEMENT AREAS" MARKED "C" ON SAID PLAT. 14. FOR INFORMATIONAL PURPOSES ONLY, THE FOLLOWING ENVIRONMENTAL DISCLOSURE DOCUMENT(S) FOR TRANSFER OF REAL PROPERTY APPEAR OF RECORD WHICH INCLUDE A DESCRIPTION OF THE LAND INSURED OR APART THEREOF: DOCUMENT NUMBER: 90059434 DATE OF RECORDING: FEBRUARY 5, 1990 DOCUMENT NUMBER: 9 0187089 DATE OF RECORDING: APRIL 24, 1990. 15. FOR INFORMATIONAL PURPOSES ONLY, THE FOLLOWING ENVIRONMENTAL DISCLOSURE DOCUMENT(S) FOR TRANSFER OF REAL PROPERTY APPEAR OF RECORD WHICH INCLUDE A DESCRIPTION OF THE LAND INSURED OR A PART THEREOF: DOCUMENT NUMBER: 99645247 DATE OF RECORDING: JULY 6, 1999. 799 BIERMANN COURT, MT. PROSPECT, IL 1. GENERAL REAL ESTATE TAXES NOT YET DUE AND PAYABLE. 2, FOR INFORMATIONAL PURPOSES ONLY, THE FOLLOWING ENVIRONMENTAL DISCLOSURE DOCUMENT(S) FOR TRANSFER OF REAL PROPERTY APPEAR OF RECORD WHICH INCLUDE A DESCRIPTION OF THE LAND INSURED OR A PART THEREOF: DOCUMENT NUMBER: 90059434 DATE OF RECORDING: FEBRUARY 5, 1990, DOCUMENT NUMBER.: 90187089 DATE OF RECORDING: APRIL 24, 1990, DOCUMENT NUMBER: 99645249 DATE OF RECORDING: JULY 6, 1999. 3. THE LAND LIES WITHIN THE BOUNDARIES OF A SPECIAL SERVICE AREA AS DISCLOSED BY ORDINANCE RECORDED AS DOCUMENT 86400261, AND IS SUBJECT TO ADDITIONAL TAXES UNDER THE TERMS OF SAID ORDINANCE AND SUBSEQUENT RELATED ORDINANCES. 4. BUILDING SET BACK LINE OF 40 FEET ALONG THE NORTH LINE OF THE LAND AS DEPICTED ON THE PLAT OF KENSINGTON CENTER RESUBDIVISION IV RECORDED DECEMBER 31, 1980 AS DOCUMENT 25722781. 5. EASEMENTS FOR PUBLIC UTILITIES AND DRAINAGE AS DEPICTED ON THE PLAT OF KENSINGTON CENTER RESUBDIVISION IV RECORDED DECEMBER 31, 1980 AS DOCUMENT 25722781. 6. EASEMENT IN FAVOR OF THE COMMONWEALTH EDISON COMPANY, AND /OR THEIR SUCCESSORS IN INTEREST, FOR POLE LINES, CONDUITS AND MAINTENANCE PURPOSES GRANTED BY DOCUMENT 25786795, RECORDED ON FEBRUARY 25, 1981, AND THE TERMS AND CONDITIONS THEREOF. 7. DECLARATION OF INDUSTRIAL STANDARDS AND PROTECTIVE COVENANTS MADE BY RAUENHORST CORPORATION, DATED JUNE 23, 1981 AND RECORDED JUNE 26, 1981 AS DOCUMENT 25918972 RELATING TO; DEFINITIONS OF TERMS, PERMITTED USES, PERFORMANCE STANDARDS, OFF- STREET PARKING AND LOADING, LANDSCAPING, OUTSIDE STORAGE AND MAINTENANCE, SIGNS AND ADVERTISING SPACE, PLANS AND BUILDINGS, UNDERGROUND ELECTRICAL FACILITIES, EASEMENTS AND ENFORCEMENT. 8. TERMS, PROVISIONS, CONDITIONS, EASEMENTS, SET BACK LINES AND RESTRICTIONS AS CONTAINED IN THE DEED FROM RAUENHORST CORPORATION TO JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY RECORDED JULY 21, 1981 AS DOCUMENT 25943896. 9. RIGHTS OF ADVOCATE HEALTH AND HOSPITALS CORPORATION, AS TENANT ONLY, UNDER UNRECORDED LEASE CONTAINING NO RIGHTS OF FIRST REFUSAL OR OPTION TO PURCHASE. 900 -950 N BUSINESS CENTER MT. PROSPECT IL 1. GENERAL REAL ESTATE TAXES NOT YET DUE AND PAYABLE. 2. THE LAND LIES WITHIN THE BOUNDARIES OF A SPECIAL SERVICE AREA AS DISCLOSED BY ORDINANCE RECORDED AS DOCUMENT 86400261, AND IS SUBJECT TO ADDITIONAL TAXES UNDER THE TERMS OF SAID ORDINANCE AND SUBSEQUENT RELATED ORDINANCES. 3. TERMS, CONDITIONS, PROVISIONS AND LIMITATIONS AS CONTAINED IN ORDINANCE GRANTING SPECIFIC VARIATIONS FOR PROPERTY COMMONLY KNOWN AS THE NI -GAS PROPERTY RECORDED OCTOBER 2, 1979 AS DOCUMENT 25173362. 4. A LETTER BY THE DIVISION OF WATERWAYS OF THE DEPARTMENT OF TRANSPORTATION APPENDED TO THE PLAT OF SUBDIVISION RECORDED JUNE 2, 1980 AS DOCUMENT 25472808 STATES THAT THE LAND IS NOT SUBJECT TO FLOOD RISK. 5. COVENANTS AND RESTRICTIONS (BUT OMITTING ANY SUCH COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS), RELATING TO DEVELOPMENT, IMROVEMENT AND USE OF THE PREMISES CONTAINED IN THE DOCUMENT RECORDED JUNE 26, 1981 AS DOCUMENT 25918971. 6. EASEMENT IN FAVOR OF THE COMMONWEALTH EDISON COMPANY, AND ITS /THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, TO INSTALL, OPERATE AND MAINTAIN ALL EQUIPMENT NECESSARY FOR THE PURPOSE OF SERVING THE LAND AND OTHER PROPERTY, TOGETHER WITH THE RIGHT OF ACCESS TO SAID EQUIPMENT, AND THE PROVISIONS RELATING THERETO CONTAINED IN THE GRANT RECORDED /FILED AS DOCUMENT NO. 25786794. 7. FOR INFORMATIONAL PURPOSES ONLY, THE FOLLOWING ENVIRONMENTAL DISCLOSURE DOCUMENT(S) FOR TRANSFER OF REAL PROPERTY APPEAR OF RECORD WHICH INCLUDE A DESCRIPTION OF THE LAND INSURED OR A PART THEREOF: DOCUMENT NUMBER: 90059434 DATE OF RECORDING: FEBRUARY 5, 1990, DOCUMENT NUMBER: 90187089 DATE OF RECORDING: APRIL 24, 1990. (AFFECT LAND AND OTHER PROPERTY). 8. FOR INFORMATIONAL PURPOSES ONLY, THE FOLLOWING ENVIRONMENTAL DISCLOSURE DOCUMENT(S) FOR TRANSFER OF REAL PROPERTY APPEAR OF RECORD WHICH INCLUDE A DESCRIPTION OF THE LAND INSURED OR A PART THEREOF: DOCUMENT NUMBER: 99645248 DATE OF RECORDING: JULY 6, 1999. 9. TERMS, PROVISIONS AND CONDITIONS OF AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 900 BUSINESS CENTER DRIVE RECORDED NOVEMBER 28, 2005 AS DOCUMENT 0533234110. 10. RIGHTS OF AT &T WIRELESS SERVICES, INC., AS TENANT ONLY, UNDER UNRECORDED LEASE CONTAINING NO RIGHTS OF FIRST REFUSAL OR OPTION TO PURCHASE. Standards for Variations The Planning & Zoning Commission is guided by seven standards listed in Zoning Code Section 14.203.C.9. Those standards relate to conditions applicable to the property for which the Variation is requested, the owner's motives for requesting the Variation and potential effects on nearby properties. The standards for Variations are: Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a specific hardship to the owner would result, as distinguished from a mere inconvenience if the strict letter of the regulations was to be applied; The corner lot limits the location options for the accessory structure. In order to avoid unacceptable losses to the parking count, and limit visibility of the structure, the selected location is the best option. Since the accessory structure is modular, size and configuration are fixed, resulting in the required variations. 2. The conditions upon which an application for a variation are based are unique to the property for which the variation is sought and are not generally applicable to other property within the same zoning classification; The corner lot limits the location options for the accessory structure. In order to avoid unacceptable losses to the parking count, and limit visibility of the structure, the selected location is the best option. Since the accessory structure is modular, size and configuration are fixed, resulting in the required variations. 3. The purpose of the variation is not based primarily upon a desire to increase financial gain; The purpose of the variation is to accommodate a fixed sized accessory structure. 4. The alleged difficulty or hardship is caused by this Chapter and has not been created by any person presently having an interest in the property; The difficulty is caused by setback, height and roof slope provisions of this chapter. 5. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; The siting of the accessory structure minimizes the visual impact from the public way. It's location is consistent with other utility functions along the north property line, adjacent to the neighboring property parking lot. As such, the granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood. 6. The granting of the variation will not alter the essential character of the neighborhood; The siting of the accessory structure minimizes the visual impact from the public way. It's location is consistent with other utility functions along the north property line, adjacent to the neighboring property parking lot. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets, or increase the danger of fire, or impair natural drainage or create drainage problems on adjacent properties, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. The size and siting of the accessory structure is such that it does not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets, or increase the danger of fire, or impair natural drainage or create drainage problems on adjacent properties, or endanger the public safety, or substantially diminish or impair property values within the neighborhood Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 10 TDD 847.392.6064 MN. 03- 35 -10 - 006 -D000 L ('iT 2 EDWAF U �Z16 uulx S B ALTA /A N r, N Co"NLY 0 30 60' GwAFNI[ SCKC SURVEYOR'S NOi ES +xo+ ooseazgga o+ .mu w [rr[nnc �vurgxt�is ix ospwxa w w mrurxu, assn x ort.m wn[3j ��us wonm. gcauo[o anae[• z s w wun o noon wxs [� a un [Zs tttum ux qx fq[ a[u 5 ro Nuuw ar oo[s [ xwac.w[D xsoxsl. n + oocuu[w nmw[o n«[ ze. pro+ w pz;w[m xsq�eq �Ixo'+ won.eu w+� ssI x uu[o x >q cgwr gmwto/ es wcVU[x+ xo, zs>ea>v . Inm [o ou�ix[ oawxc] ri0oc wm� , o H Wr or r10 gET<nrtgv5 moon Ow Ow r[[ uur 5rxigo 0 oaogmr [xwrw2 • ,ax. m ez o LEGEND: .q r.re xyaranl 9 /B -BO• L:gxi n � 0 - -0 Lign1 Yoh n 4m ro ;r S;qe� • Concrele E;� Posl [kcD ir�p Mok �ql Deo+ aaeE Curl o "• v ID ONLY w[i ORDER NO.: 2011- 0056(B) FILE: 35 -42 -11 VICINITY MAP canlcrr un.957 6 s a a — ffi z A 6� 3" €tea MOBILE TECH CENTER 900 N. BUSINESS CENTER DRIVE MT PROSPECT, IL 60056 ISSUE FOR ZONING REQUEST MAY 02, 2013 s .Lm. ,W„ +NTEFDo 4 3 2 �o CI B I 17 MECHANICAL RO M ELECTRICAL ROOM GEN R O j7OR ,300 SO. 1,194 SO FT. RE ' LOADII G DOCK 97G SO ,2841 SO. FT. 950 BUSIN� i 00 S CENTER F BUSINESS CENTER (SCOPE WORK) EXISTING BUILDING il N.I.C. *--- WA E-110 4 - - - - - -� -1 LIGHT MANI C, IRING 17.751 SO, FT. WAREHOUSE (NIC 13,005 SO FT.� E 0 F FI C E 1,833 I 1 OFFICE (NIC) 1.996 SO. FT. Building Uses 22 SPACES APOI 10, - BLADE ROOM TECH CENTER, 3,944 SO. FT. 36 SPACES 2 m 3 TI z '��e site P.M,tl t OXiz t o ViCW SF tA- &67 sutsasv w P—P—m 2 10- �s c1 B 1 g a i s a s sz 6 1 C a' A a I; �s e= s .r� eve EAST ELEVATION 5 1 4 1 MOBILE TECHNOLOGY CENTRE D C 8 2 ggg g A j � 9 � t( f i FOR BLADEROOM WARNING ( a CALL BEFORE YOU BIG (a xaurs xerx momo mu m oxwoi I& Know whars below. Call before you dig. Munldpa @y. VILLAGE OF MOUNT PROSPECT Caualy: COOK Sectlon: 135 To ,hip: 42N a Rnge: 11E 900 NORTH BUSINESS CENTER DRIVE MOUNT PROSPECT, ILLINOIS SHEEHAN PARTNERS, LTD. PROPOSED � 1F. .. rc as ■ stau wr, ar r xmu�ux .< � nau ax+. asx t SITE LOCATION - an« e an rK TO —On ° = SJm cwe rp axP /wN[Yr El awu nom. »,xrn Q uau xc nar a % a axe. axnsso re a x+Nxxc x«t WARNING ( a CALL BEFORE YOU BIG (a xaurs xerx momo mu m oxwoi I& Know whars below. Call before you dig. Munldpa @y. VILLAGE OF MOUNT PROSPECT Caualy: COOK Sectlon: 135 To ,hip: 42N a Rnge: 11E 900 NORTH BUSINESS CENTER DRIVE MOUNT PROSPECT, ILLINOIS SHEEHAN PARTNERS, LTD. LEGAL OESPoPrtON for � w xrrsxmox umrx rrts�musa n. a�xc . xrsummswx a rm z .xo J �x vrxsxaax uwm. wvsr , suc awc A simnvax �x vxn a m xom»xcs �/r a strnox Js. ,axwsxv .x xoxa, xr«u ,,. T I a rNr a O PlDECPLL u[noun Accoxoixc TO tx[ nM nc.a xrca+ao p[auMx },. +neo .s oocuurxr xuxerx asmm+. w coax cwxn, uixas lu[ Pxarrrnr COMWNS �1. 1 4xYxr ITC Ox 1.-1 »CPES , K SOVM[ rW Or , »[ ­— I— OF r»[ .A M aUll,O t[Kl s r3Mo X T rr[r. SHEET N -- f CO1 4 CO2 CO3 C04 DRAWING INDEX TITLE PROJECT INFORMATION EXISITING CONDITION & DIMENSIONAL CONTROL UTILITY PLAN ,r�i. AnNlu at JNNNxPM W ■JIO11p1Y RCpI W+D6 ■G61RAlI0N M. OBt -LLSWt] pIRx6 I1/.111/101J /� JACOB & HEFNER ASSO ENGINEERS • SURVEYORS 1910 S. Highland Avenue, Lombard, IL 60148 (630) 652 -4600 FAX (63 WWW.JACOBANDHEFNER.COM DESIGN FIRM #184.003073 EXPIF � 1F. t SITE LOCATION - Ilk I LEGAL OESPoPrtON for � w xrrsxmox umrx rrts�musa n. a�xc . xrsummswx a rm z .xo J �x vrxsxaax uwm. wvsr , suc awc A simnvax �x vxn a m xom»xcs �/r a strnox Js. ,axwsxv .x xoxa, xr«u ,,. T I a rNr a O PlDECPLL u[noun Accoxoixc TO tx[ nM nc.a xrca+ao p[auMx },. +neo .s oocuurxr xuxerx asmm+. w coax cwxn, uixas lu[ Pxarrrnr COMWNS �1. 1 4xYxr ITC Ox 1.-1 »CPES , K SOVM[ rW Or , »[ ­— I— OF r»[ .A M aUll,O t[Kl s r3Mo X T rr[r. SHEET N -- f CO1 4 CO2 CO3 C04 DRAWING INDEX TITLE PROJECT INFORMATION EXISITING CONDITION & DIMENSIONAL CONTROL UTILITY PLAN ,r�i. AnNlu at JNNNxPM W ■JIO11p1Y RCpI W+D6 ■G61RAlI0N M. OBt -LLSWt] pIRx6 I1/.111/101J /� JACOB & HEFNER ASSO ENGINEERS • SURVEYORS 1910 S. Highland Avenue, Lombard, IL 60148 (630) 652 -4600 FAX (63 WWW.JACOBANDHEFNER.COM DESIGN FIRM #184.003073 EXPIF D B A Jr 0 �o i zi I a I I \ \ W 6M fall Y -1ING Mam IOG MMro [IC von a[ owlet. ox cattxn uewx[s sxul a ixsrul[o Pxgx �o o[u x waD[x OEPAxUiNE�x4MFroW4 1 fOw CUSi COMRW xNC PURIM Ax0 —Ft PwlRxlx —1 9[ —ID u.rtww.s soul s< w:wovto w . uwxcx vwv PACVfry P[xncs. uw /xx won a -w+vs .1-S — H p5M(O Of Wfsnf Ix . V— Sx4l 8 —10 OI w�[ Of MWMw PwIPIPry 3 PR. BLADEROOM s EF TECH CENTER �I n a 1 i I izI i IMPFRVIntiq AR FA TATI4TI C C w totµ NiG OE SF( 1)0.77} Y - ).W K / ) EiT�N; nP[PVpUS MG 81116 Y - 1.9N K (69L1 / f I PROPOSED MPEPNWB NPU 88 Y - t 98 k (66x1 / I ' PAVEMEN 6' PC tt MINIMUM VALUES. If a A \ \/ / / DEPTHS ARE THICKE GEOMETRIC NOTES 11 ML Du[x9Nx5 6F[ tPOU BICx IX OA9 OP WI40I PNY W BUL0970. ii! I � Z) NYNI FR(R6E M(N 86.11 NRB ND pJll[R bt EOH a P6`6LFNi OIB[5: i � /" )) Kl P.wCUfM 4NIxNWS YFAL H i -Ntp Pull uN[4 NUCD NI(Fa5[. 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CLI55 SY J) fP45S WEW[5 fOP lOG1XG M2R WI5 AWL RC S AH6WD S^[CECMgNS fOP WM(P ANO KMEP COHSIPU A YMNiAN A MNLNUX 0f SSEt a COKR AS LUWRI 1[R WN. WNIIpN NORIIONW SLRARRip1 WOx -.E' % ACL PPmOYD MICR V,uN IH51pLCD N "' Wx fwPE ML -L0x a EIS oR nPNip�1. Law %CM 10 A 1 ARA _K ML WMER LLNH 5 Ix9Tµ MMIN HILL. SNMiCA1' "W, NOTES SNLDpPV SRiLL _ Sn - LIMO. 5- SWRARY XAxx�a Ill SAXRARY ILVINOI[S SN4l WK ME E0LLOW4l; I— IC: OT aPE I (CLOSED). KEW R1I13. C1M 10`WI 1) Mt SINIGM SEW[P AWL BE - SOP . UNSSS N 3 ORDINANCE NO. AN ORDINANCE GRANTING VARIATIONS (SETBACK, HEIGHT, ROOF PITCH) OF ACCESSORY STRUCTURE FOR PROPERTY LOCATED AT 900 BUSINESS CENTER DRIVE, MOUNT PROSPECT, ILLINOIS WHEREAS, BladeRoom USA, LLC (Petitioner), has filed a petition for Variations to construct an accessory structure for property located at 900 Business Center Drive ( "Property "), as shown in the plat of survey attached as Exhibit 1 and legally described as: Lot 3 in Kensington Center Resubdivision IV, being a Resubdivision of Lot 2 and 3 in in Kensington Center, Phase Two being a Subdivision in Part of the Northwest % of Section 35, Township 42 North, Range 11, East of the Third Principal Meridian, according to the Plat therof recorded December 31, 1980 as Document Number 25722781, in Cook County, Illinois; and Property Index Number 03 -35- 104 - 0007 -0000; and WHEREAS, the "Petitioner" seeks 1) a Variation to reduce the required setback of an accessory structure that will be incidental to the principal structure from six feet (6) to five feet (5') along the north property line; 2) a Variation to increase the height of an accessory structure that will be incidental to the principal structure from ten feet (10') to thirteen feet (13'); and 3) a Variation to reduce the roof pitch of an accessory structure that will be incidental to the principal structure from three to twelve (3:12) to flat, all as shown on the attached Exhibits "24"; and WHEREAS, a Public Hearing was held on the request for Variations being the subject of PZ -05 -13 before the Planning and Zoning Commission of the Village of Mount Prospect on the 23 day of May, 2013, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 8 day of May, 2013; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendation to the President and Board of Trustees of the Village of Mount Prospect in support of the request being the subject of PZ- 05 -13; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the request meets the standards set forth in the Village Code and that the granting of the Variations for the construction of an accessory structure would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: 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 approval of the following: Page 2/2 PZ -05 -13 900 Business Center Drive 1) A Variation to reduce the required setback of an accessory structure from six feet (6') to five feet (5') along the north property line, in accordance with the drawings by Sheehan Partners, Ltd., attached as Exhibits 2 -3.; 2) A Variation to increase the height of an accessory from ten feet (10') to thirteen feet (13') in accordance with the drawings by Sheehan Partners, Ltd., attached as Exhibit 4; 3) A Variation to reduce the roof pitch of an accessory structure from three to twelve (3:12) to flat in accordance with the drawings by Sheehan Partners, Ltd., attached as Exhibit 4. SECTION THREE 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 FOUR 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: NAYS: ABSENT: PASSED AND APPROVED this Arlene A. Juracek Mayor ATTEST: M. Lisa Angell Village Clerk H: \CLKO \WIN \ORDI NANCE2\ VAR- PZ- 05- 13900businesscenterdrivejune42013 .doc W \ : JJ C3 z o 5 Q oil W _ < § €^ J Q 8 8 S � a F �c _ 2 [[ g Y? a S g 4! E } - v i .x _ gg f R p 3 �s H RUM HAN IN N 2 I 3 s" 5 1P 1 a= t o g y� III ai g ¢ y ii �4g }} 8 fiyix " " S xq� e98 � d " "y��� a p a p� 8 � .r7Y pppp � s %gE �G� 0 0 n ^ nI x-n h i� 1 o �y jY ♦n o l w - Z i 1 O il o LO w V to cr ..� n „ Ga - r >al m 1 - c> m o � r m 0 � w r r „ i iul_ iJli_i t • , I , v j I 1 I (:t 1 Q Z -f _ i I i I I i I ( L — i LL Y R S<q � ir ° LL ------- - - - - -� g�W s El 1:1 =moo g ♦ i s Y Y Y \ \ s _ s \ ♦♦ A a Y \ ♦ f� �I 000 die -0]'03 'n0] 10 tlOnvf NI W3w35v3` - -; ��I� /'' V I I I^ (= Z O o 8 Q= s o W v w _ } I J /�/ W L J F _ 1 C:) Z N u N a a C - CD O m VIII J ca ca L -I. a O O o _ A � O Z -f _ i I i I I i I ( L — i LL Y R S<q � ir ° LL ------- - - - - -� g�W s El 1:1 =moo g ♦ i s Y Y Y \ \ s _ s \ ♦♦ A a Y \ ♦ f� �I 000 die -0]'03 'n0] 10 tlOnvf NI W3w35v3` - -; ��I� /'' I r Z ° a Y ; w I A a W d� i f O 0 o W l ° I= 0 a cit < W J E W y u 0 W u ~ z Ln Ln n _ F p Z L o rn I r Z ° a Y ; w I A a W d� W F f LU W 0 6 S B Z O Z ° a Y ; w I A a W _ 1 t W F O ♦ �♦ ♦ LU W m l i C 1 1 nc 6= Z 0 a < W J E W Y 0 W U I m Q Village of Mount Prospect Community Development Department MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: MAY 29, 2013 Moufn Prospect SUBJECT: EXTENSION FOR CASE #PZ -38 -07 — CONDITIONAL USE & VARIATIONS 309 -313 W. PROSPECT AVE. — PAUL SWANSON ASSOC. INC. (APPLICANT) The Petitioner has requested a third extension of the zoning approvals granted by the Village in 2008 for a Conditional Use Permit and Variations to construct a three -unit rowhome development. The Village most recently extended the approvals on May 17, 2011. However, the Petitioner has yet to construct the development due to the current economic downturn. Therefore, the Petitioner is seeking approval to renew the requests for an additional 2 years in hopes that the residential markets will improve. Attached is a letter from the Petitioner requesting the extension of the Conditional Use and Variation approvals. As the letter indicates, the Petitioner did not obtain a building permit within the time frame of the zoning approvals due to the poor residential market. The Petitioner hopes to start construction in the near future. Please forward this memorandum and attached letter to the Village Board for their review and consideration at their June 4th meeting. The Village Board would need to approve a motion to extend the Conditional Use and Variations granted pursuant to Ordinance #5692. Staff will be present at this meeting to answer any questions related to this matter. William J. Cooney, Jr., CP PAUL SWANSON ASSOCIATES Real Estate Development and Investments 409 E. PROSPECT AVENUE PHONE: 847 - 670 -6710 MT. PROSPECT, ILLINOIS 60056 1 FAX: 847 -670 -6713 April 22, 2013 William J. Cooney, Jr., A1CP Director of Community Development 50 S. Emerson Street Mt. Prospect, IL 60056 -3218 RE; 309 W. Prospect Ave. Dear Bill, As per our conversation today please accept this letter as my formal request for an extension of the previously approved "Special Use Permit ", for the construction of 3 townhomes, due to economic conditions. I am enclosing a copy of the approved site plan. Sincerely, , Paul Swanson �1 r SERVICE W ALK � � a ORDINANCE NO. 5692 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND VARIATIONS FOR PROPERTY LOCATED AT 309 -317 WEST PROSPECT AVENUE, MOUNT PROSPECT, ILLINOIS Passed and approved by the President and Board of Trustees the 20 day of May, 2008 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 21 day of May, 2008 ORDINANCE NO. 5692 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND VARIATIONS FOR PROPERTY LOCATED AT 309 -317 WEST PROSPECT AVENUE, MOUNT PROSPECT, ILLINOIS WHEREAS, Paul Swanson Associates ( "Petitioner"), has filed a petition for a Conditional Use permit to allow dwelling units on the ground floor of a three unit rowhome development and Variations with respect to property located at 309 -317 West Prospect Avenue ( "Property ") and legally described on the attached Exhibit "A "; and Property Index Numbers: 08- 11- 205 -010, 08 -11- 205 -011, 08 -11- 205 -012; and WHEREAS, the Petitioner seeks a Conditional Use permit to construct a three (3) unit rowhome with dwelling units on the ground floor; and WHEREAS, the Petitioner seeks Variations to allow the following setbacks and building height: 13' front yard (Prospect Avenue), a 25' rear yard setback (Busse Avenue) and 31.25 building height (midpoint) as shown on the Petitioner's site plan and elevations dated November 8, 2007. WHEREAS, a Public Hearing was held on the request for a Conditional Use permit and Variations being the subject of Case No. 38 -07 before the Planning and Zoning Commission of the Village of Mount Prospect on the 27 day of March, 2008, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 10 day of October, 2007; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendation to the President and Board of Trustees of the Village of Mount Prospect in support of the request being the subject of PZ- 38 -07; 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 requests meet the standards of the Village and that the granting of the proposed Conditional Use permit to allow construction of a three (3) unit rowhome with dwelling units on the ground floor and Variations would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: 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 Approval of the Conditional Use permit is subject to compliance with the following conditions: A. Consolidation of the three separate lots as shown on Exhibit "A" B. Right -of -way squared off at the intersection of Busse Avenue and Elmhurst Avenue. Removal of curved sidewalk and new sidewalk installed along Busse Avenue to the corner; Page 2/2 PZ -31 -06 Page 2/2 PZ- 38 -07, 309 -317 West Prospect Avenue C. Development of the site in general conformance with the site plan and landscape plan prepared by Paul Swanson Associates, dated November 8, 2007; D. Development of the units in general conformance with the floor plans prepared by Paul Swanson Associates, dated November 8, 2007 but revised so the east elevation includes architectural interest; E. Prior to obtaining the Certificate of Occupancy, the Petitioner must submit homeowner's association documents for staff to review and approve that include text stating on- street over night parking is prohibited; F. The Petitioner shall construct all units according to all Village Codes and regulations, including, but not limited to: the installation of automatic fire sprinklers. SECTION THREE The President and Board of Trustees of the Village of Mount Prospect do hereby grant approval of a Conditional Use permit and Variations as provided in Section 14.203.F.7 and Section 14.203.C.7 of the Village Code, for a three (3) unit rowhome development with dwellings on the ground floor, all as shown on the Site Plan dated November 8, 2007 a copy of which is attached and made a part this ordinance. SECTION FOUR 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 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. AYES: Corcoran, Hoefert, Juracek, Korn, Lohrstorfer, Zadel NAYS: None ABSENT: None PASSED AND APPROVED this 20' day of May 2008. 2 STORY BRICK BUILDING WI TN , < BASEMENT F N0. 315 '' 85.84 $ i 9. 1 '. iq it / Q.OA � Ni ,• . 7 !I t , f. • � r• N �'•. .= e r :•� ee ; �'S y,, ' i' may+ � O y ` � �� -. ' �i�::r: f:' 7 d •.- � :J. '� nM��+ 0 t^ p m al 4 x o� d p r� 1�3 0 O'S+� a � °O H � a mz n -;Ooo A. '171 LEE O u vy ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 5692, GRANTING A CONDITIONAL USE PERMIT AND VARIATIONS FOR PROPERTY LOCATED AT 309-317 WEST PROSPECT AVENUE, TO APPROVE AN EXTENSION OF THE EFFECTIVE DATE OF THE CONDITIONAL USE PERMIT  WHEREAS, the President and Board of Trustees of the Village of Mount Prospect, Illinois did adopt Ordinance No. 5692, a Conditional Use Permit and Variations for Property Located at 309-317 Prospect Avenue at their regular meeting on May 20, 2008; and WHEREAS, , is requesting an extension of the zoning approvals granted by Ordinance No. 5692; and WHEREAS, the Petitioner plans to complete the project and is seeking to renew the zoning approvals to construct the three (3) unit rowhome development, as approved in Ordinance No. 5692; and WHEREAS, the President and Board of Trustees find that it is in the best interests of the Village to grant the effective date for Conditional Use permit and Variations. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: 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: Ordinance No. 5692 is hereby amended to extend the effective date of the Conditional Use permit and Variations to June 4, 2015. SECTION THREE: 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: NAYS: ABSENT: PASSED and APPROVED this day of June, 2013. _______________________________ Arlene A. Juracek ATTEST: Mayor ____________________________ M. Lisa Angell Village Clerk