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HomeMy WebLinkAboutOrd 5096 03/22/2000 ORDINANCE NO. 5096 AN ORDINANCE GRANTING A CONDITIONAL USE AND VARIATIONS FOR PROPERTY COMMONLY KNOWN AS 820 EAST RAND ROAD PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE22ND DAY OF MARCH, 2000 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 23rd day of March, 2000. VWL 2/28100 312/00 ORDINANCE NO. 5096 AN ORDINANCE GRANTING A CONDITIONAL USE AND VARIATIONS FOR PROPERTY COMMONLY KNOWN AS 820 EAST RAND ROAD WHEREAS, Taco Twins, Inc. (hereinafter referred to as "Petitioner") has filed a petition for a Conditional Use and variations with respect to property located at 820 East Rand Road, (hereinafter referred to as the "Subject Property") and legally described as follows: Lot 1 in Jo Jo's Subdivision, a subdivision of part of the NW 1/4 of the SW ¼ of Section 35, Township 42 North, Range 11 East of the Third Principal Meridian, in Cook County Illinois; and WHEREAS, the Petitioner seeks a Conditional Use to construct a fast food restaurant with a drive-through facility; and WHEREAS, the Petitioner seeks variations to reduce the parking requirement from forty (40) parking spaces to thirty-five (35) spaces, and to reduce the front parking setback from thirty feet (30') to ten feet (10'); and WHEREAS, a Public Hearing was held on the request for a Conditional Use and variations being the subject of ZBA Case No. 26-99 before the Zoning Board of Appeals of the Village of Mount Prospect on the 27th day of January, 2000, pursuant to proper legal notice having been published in the Mount Prospect Journal & ToDics on the 11th day of August, 1999; and WHEREAS, the Zoning Board of Appeals has submitted its findings and recommendations to the President and Board of Trustees in support of the request being the subject of ZBA 26-99; 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 same meets the standards of the Village and that the granting of the proposed Conditional Use and variations would be in the best interest of the Village. Page 2/3 820 E. Rand Road NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The recitals set forth hereinabove are incorporated 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 a Conditional Use, as provided in Section 14.1703 of the Village Code, to allow the construction of a fast food restaurant with a drive-through facility; and SECTION THREE: The President and Board of Trustees of the Village of Mount Prospect do hereby grant variations, as provided in Section 14.2224 of the Village Code, to reduce the parking requirement to thirty-five (35) spaces, and to reduce the front parking setback to ten feet (10'), as shown on the Site Plan, a copy of which is attached hereto and hereby made a part hereof as Exhibit "A." SECTION FOUR: Prior to the issuance of a building permit relative to the Conditional Use and variations, the following conditions and/or written documentation shall be fulfilled: 1. Development of the site in conformance with the site plan prepared by Thomas V. Scesniak Associates dated July 20, 1999 and revised November 28, 1999 (Attachment 1 ). 2. Submission of a final landscape plan in conformance with the site plan and meeting all requirements of Article 23 of the Zoning Ordinances. 3. Development of the building in general conformance with elevations prepared by Thomas V. Scesniak Associates, dated July 20, 1999 and modified to provide for brick construction. 4. Submittal and approval of final engineering plans meeting all Development Code requirements. 5. Submittal of final building plans meeting all applicable Building Code and Fire Code requirements. 6. Approval of appropriate permits by I.D.O.T. and M.W.R.D. 7. Submittal of documentation conclusively demonstrating the existence of cress access agreements between the subject property and adjacent properties (Thunderbird Lanes and Menards) prior to issuance of a building permit. 8. Relocate the menu board to be located adjacent to stacking space 7. age 3/3 820 E. Rand Road 9. Widen the perimeter landscape buffer to the east of the drive-through lane to meet the 10' minimum width, as required by Article XXIll. 10. Widen the site access/egress to three lanes with separate right and left turn exit lanes. SECTION FIVE: 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 SIX: 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: Hoefert, Lohrstorfer, Prikkel, Skowron, Wilks NAYS: None ABSENT: Corcoran, Farley PASSED and APPROVED this 22"d day of March, 2000. Irvana K. Wilks Mayor Pro Tem ATTEST: Village Clerk