HomeMy WebLinkAboutORDINANCE - 1597 - 9/13/1983 - SPECIAL USE/WENDY'S INTERNATIONALORDINANCE NO. 1597
AN ORDINANCE GRANTING A SPECIAL USE
PEPUMIT TO WENDY'S INTERNATIO*IAL TO
PERMIT THE CONSTRUCTION AND OPERATION
OF .A RESTAURANT AT THE NORTHWEST CORNER
OF JARVIS AVENUE AND BUSSE ROAD, ELK
GROVE VILLAGE
WHEREAS, the Plan Commission of the Village of Elk Grove
Village, acting as a Zoning Commission, conducted a Public
Hearing to consider the question of granting a Special Use
Permit to Wendy's International to permit the construction
of a restaurant on property located at the intersection of
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Jarvis Avenue and Busse Road and legally described on Exhibit
A attached hereto; and
WHEREAS, the President and Board of Trustees of the
Village of Elk Grove Village after having considered the
recommendations of said Plan Commission find and believe it
to be in the best interests of the Village that such Special
Use Permit be granted;
NOW, THEREFORE, BEIT ORDAINED, by the President and
Board of Trustees of the Village of rlk Grove Village, Counties
of Cook and DuPage, Illinois as follows:
Section 1: That a Special Use Permit be and the same
is hereby granted to Wendy's International to permit the
construction of a restaurant at the Northwest Corner of Jarvis
Avenue and Busse Road, Elk Grove Village, which property is
legally described on Exhibit A, subject to the conditions as
set forth in Section 2 herein.
Section 2: The granting of the Special Use Permit as
set forth in Section 1 of this Ordinance shall be strictly
conditioned upon the Owner developing the property in the following
manner:
A. The construction of the property shall take
place in substantial conformitv with a
development plan prepared by Marchris
Engineering, Ltd., known as Job No. 83-033,
consisting of a two-page site plan and
specifications and a two-page landscaping
plan and specifications attached to this
Ordinance and made a part hereof as Exhibit B.
B. At the time of construction of the restaurant
the Permittee will install a sidewalk along
the property line of Jarvis Avenue in accord-
ance with the Ordinances of the Village.
C. At such time as either the Permittee or the
Village shall procure from the State permission
to construct a sidewalk along Busse Road, the
Permittee will within thirty (30) days after
the issuance, weather permitting, construct a
sidewalk in accordance with Village Ordinances
along Busse Road from Jarvis Avenue to the Southern
edge of the curb cut along Busse Road.
D. At such time as a sidewalk is constructed along
the entire length of the Busse Road frontage
of the lot to the North of the subject property,
or the owner thereof is legally obligated to pro-
d vide same, Wendv's will construct a sidewalk from
the Northern edge of its curb cut along Busse
Road to the Southern edge of the creek along the
Northern boundary line of the subject property.
Wendy's International has acknowledged that if
the sidewalk is to be constructed to the North,
a means of bridging the creek between the properties
must be constructed. The Village will make a
reasonable effort to require the property owner to
the North to pay one-half of the cost of constructing
that connecting portion of the sidewalk. In the
event that the property to the North is constructed
through the use of a special assessment, special
service area, sidewalk tax or similar device, the
Village will require the owner of the property
to the North to make an appropriate payment. In
the event that the Village has used its best efforts
to cause the property owner to the North to participate
in the construction of the connecting portion of
sidewalk including the bridging structure and has
failed but the sidewalk itself has been constructed
along the full frontage of the property to the North
of the subject property, then in that case, the Permit-
tee herein will be required at its own expense
to pay the cost of connecting the two (2) sidewalk
portions including the cost of bridging the creek.
Section 3: The Village Clerk is hereby authorized to
publish this Ordinance -in pamphlet form.
Section 4: That this Ordinance shall be in full force
and effect from and after its passage, approval and publication
according to law.
VOTES: AYES: 6 NAYS: 0
APPROVED:
Charles J. Zettek
ATTEST: Village President
Ilafern Snick
ABSENT: 0
Acting Village Clerk
PASSED this 13th day of September 1983.
APPROVED this ti day of September 1983.
PUBLISHED this 21st day of September 1983,
in pamphlet form.
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