RESOLUTION NO. R-43-2020
A RESOLUTION APPROVING A FINAL PLAT OF CONSOLIDATION FOR 711 LOCUST STREET AND 710 WALDEN ROAD
WHEREAS, the Village of Winnetka is a home rule municipality in accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970; and
WHEREAS, Paul and Meinhard St. John, as Trustees of the Paul and Meinhard St. John Family Revocable Trust (“Applicants”) are the record owners of the properties commonly known as 711 Locust Street, Winnetka, Illinois and 710 Walden Road (“710 Walden Property”), Winnetka, Illinois (collectively, “Properties”), which Properties are legally described in Exhibit A attached to and, by this reference, made a part of this Resolution; and
WHEREAS, the Properties are located within the R-3 Single Family Residential District (“R3 District”), measuring 27,708 and 30,595 square feet, respectively, and improved each with a single-family residence on the premises; and
WHEREAS, the Applicants desire to consolidate the Properties into a single parcel (“Subject Property”); and
WHEREAS, on December 14, 2019, the Applicants filed an application for approval of a final plat of subdivision consolidating the Properties into a single parcel (“Plat of Consolidation”); and
WHEREAS, pursuant to proper notice and in accordance with the Village Code, the Winnetka Plan Commission (“Plan Commission”) held a public hearing on the proposed Plat of Consolidation, which public hearing commenced on January 28, 2020; and
WHEREAS, the Plan Commission determined that approval of the Plat of Consolidation would not result in a material increased adverse impact upon public health, safety, or welfare; and
WHEREAS, on January 28, 2020, the Plan Commission by a vote of five in favor and one against, with specific findings and conclusions, recommended that the Village Council approve the Plat of Consolidation; and
WHEREAS, the Village Council has determined that approval of the Plat of Consolidation is in the best interest of the Village and its residents;
NOW, THEREFORE, BE IT RESOLVED, by the Council of the Village of Winnetka, Cook County, Illinois, as follows:
SECTION 1: RECITALS. The foregoing recitals are hereby incorporated into this section as the findings of the Village Council, as if fully set forth herein.
SECTION 2: APPROVAL OF PLAT OF CONSOLIDATION. The Plat of Consolidation for the Subject Property, prepared by Greengard, Inc. consisting of one sheet, and dated November 21, 2019, a copy of which is attached to and, by this reference, made a part of this Resolution as Exhibit B shall be, and is hereby, approved in substantially the following form attached, and in a final form to be approved by the Village Manager.
SECTION 3: AUTHORIZATION TO EXECUTE PLAT OF CONSOLIDATION. The Village President and Village Clerk are hereby authorized and directed to execute and seal, on behalf of the Village, the Plat of Consolidation, subject to certification by the Office of the Cook County Clerk that there are no property tax delinquencies, as well as all other certifications as necessary.
SECTION 4: RECORDATION OF PLAT OF CONSOLIDATION. The Village Manager is hereby directed to record the Plat of Consolidation in the Office of the Cook County Recorder upon the occurrence of all of the events listed in Section 5 of this Resolution.
SECTION 5: CONDITIONS. The approval of the Plat of Consolidation granted pursuant to Section 2 of this Resolution is subject to, and contingent upon, compliance with the following conditions:
A. Compliance with Regulations. Except to the extent specifically provided otherwise in this Resolution, the development, use, and maintenance of the Properties must comply at all times with all applicable Village codes and Resolutions, as they have been or may be amended over time.
B. Approval of Format. All necessary signature blocks on the Plat of Consolidation must be provided in a format acceptable to the Village Attorney.
SECTION 6: RECORDATION; BINDING EFFECT. A copy of this Resolution will be recorded with the Cook County Recorder of Deeds. This Resolution and the privileges, obligations, and provisions contained herein inure solely to the benefit of, and are binding upon, the Applicants and each of its heirs, representatives, successors, and assigns.
SECTION 7: FAILURE TO COMPLY. Upon the failure or refusal of the Applicants to comply with any or all of the conditions, restrictions, or provisions of this Resolution, in addition to all other remedies available to the Village, the approval granted in Section 2 of this Resolution will, at the sole discretion of the Village Council, by Resolution duly adopted, be revoked and become null and void; provided, however, that the Village Council may not so revoke the approval granted in Section 2 of this Resolution unless it first provides the Applicants with two months advance written notice of the reasons for revocation and an opportunity to be heard at a regular meeting of the Village Council. In the event of revocation, the development and use of the Subject Property will be governed solely by the regulations of the applicable zoning district and the applicable provisions of the Zoning Resolution, as the same may, from time to time, be amended. Further, in the event of such revocation, the Village Manager and Village Attorney are hereby authorized and directed to bring such zoning enforcement action as may be appropriate under the circumstances.
SECTION 8: SEVERABILITY. If any provision of this Resolution or part thereof is held invalid by a court of competent jurisdiction, the remaining provisions of this Resolution shall remain in full force and effect, and shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent of this Resolution to the greatest extent permitted by applicable law.
SECTION 9: EFFECTIVE DATE. This Resolution will be effective only upon the occurrence of all of the following events:
A. Passage by the Village Council in the manner required by law;
B. Publication in pamphlet form in the manner required by law;
C. Completion of the demolition of the single-family residence on the 710 Walden Property, which demolition must be done in accordance with all applicable Village codes and Resolutions, as they have been or may be amended over time.
PASSED this 16th day of June, 2020 pursuant to the following roll call vote:
AYES: Trustees Apatoff, Coladarci, Cripe, Dearborn, Lanphier and Swierk
NAYS: None
ABSENT: None
Signed:
s/Chris Rintz
Village President
Countersigned:
s/Robert M. Bahan
Village Clerk
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTIES
Parcel One:
LOT 4 IN BLOCK 1 IN NELSON’S SUBDIVISION OF PART OF THE SOUTHEAST ¼ OF SECTION 17, TOWNSHIP 42 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING A RESUBDIVISION OF LOT 61 AND PART OF LOT 60 IN COUNTY CLERK’S DIVISION OF THAT PART OF THE SOUTHEAST ¼ OF SAID SECTION 17, LYING WEST OF RIGHT-OF-WAY OF CHICAGO AND NORTHWESTERN RAILROAD IN COOK COUNTY, ILLINOIS.
Common Address: 711 Locust Street, Winnetka, Illinois 60093
PIN: 05-17-410-005-0000
Parcel Two:
LOT 3 IN BLOCK 1 IN NELSON’S SUBDIVISION OF PART OF THE SOUTHEAST ¼ OF SECTION 17, TOWNSHIP 42 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING A RESUBDIVISION OF LOT 61 AND PART OF LOT 60 IN THE COUNTY CLERK’S DIVISION OF PART OF THE SOUTHEAST ¼ OF SAID SECTION 17, LYING WEST OF RIGHT-OF-WAY OF CHICAGO AND NORTHWESTERN RAILROAD IN COOK COUNTY, ILLINOIS.
Common Address: 710 Walden Road, Winnetka, Illinois 60093
PIN: 05-17-410-012-000
EXHIBIT B
PLAT OF CONSOLIDATION
(SEE ATTACHED EXHIBIT B)