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R-04-11 Resolution of Objection 1361 State StreetVILLAGE OF LEMONT RESOLUTION NO. R_ y - I RESOLUTION OF OBJECTION FOR THE RECORD OF THE COOK COUNTY ZONING BOARD OF APPEALS REGARDING A REQUEST FOR A SPECIAL USE FOR A UNIQUE USE TO ALLOW AN ETHNIC DELICATESSEN AT 1361 STATE STREET, LEMONT ADOPTED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 24TH DAY OF JANUARY, 2011 Published in pamphlet form by Authority of the President and Board of Trustees of the Village of Lemont, Cook, Will, and DuPage Counties, Illinois, on this 24th day of January, 2011 RESOLUTION NO. RESOLUTION OF OBJECTION FOR THE RECORD TO THE COOK COUNTY ZONING BOARD OF APPEALS REGARDING A REQUEST FOR A SPECIAL USE FOR A UNIQUE USE TO ALLOW AN ETHNIC DELICATESSEN AT 1361 STATE STREET, LEMONT WHEREAS, the Village of Lemont is a zoned municipality adjacent to the property that is located at 1361 State Street, Lemont, and the subject of the request for a special use as a unique use for an ethnic delicatessen before the Cook County Zoning Board of Appeals, and WHEREAS, the entire boundary of the subject property is within 1 -1/2 miles of the corporate limits of the Village of Lemont; and WHEREAS, both the elected officials and staff of the Village of Lemont have considered the application for the special use; and WHEREAS, the Village of Lemont has reviewed the standards upon which the Zoning Board of Appeals is required to base its findings for a recommendation for a special use as a unique use; and WHEREAS, the Cook County zoning regulations contain standards and criteria for a unique use: 9.8.A Purpose. Applications for a unique use of property may be granted in accordance with this section for a use which is not expressly enumerated as a permitted, special, temporary or accessory use or not provided for, considered or contemplated at the adoption of this ordinance. • The Cook County Zoning regulations contain at least two commercial districts where delicatessens are expressly enumerated as a permitted use: the C -1 Restricted Business District and the C -4 General Commercial District (Article 5) 9.8.8.2 Proof of a special and extraordinary need for the unique use including proof of unique characteristics of the subject property, proposed use and surrounding neighborhood. • There is neither a special nor extraordinary need for an ethnic delicatessen —three are already four ethnic delicatessens located within the Village of Lemont as well as other delicatessens not generally considered ethnic in nature. • There is nothing unique about the subject property —it is rectangular in shape, flat, and occupied by a small frame building formerly occupied by a church • There is nothing unique about the surrounding neighborhood— adjacent land uses are wooded, vacant lots and single - family homes. Commercial uses are located approximately one - quarter mile to the north and south of the subject property 9.8.8.3 Proof that the unique use will be an affirmative benefit to the surrounding properties and neighborhood from a land use and economic standpoint. • The Village of Lemont has historically been greatly concerned about community character and the appearance of commercial properties within and adjacent to the municipality. For example, the Village of Lemont's Unified Development Ordinance contains specific standards for landscaping of commercial properties (e.g., along the street front, around the building, along property lines abutting residential zoning). Moreover, said Unified Development Ordinance also contains commercial design standards for all commercial properties in the Village (e.g., exterior materials, pedestrian features, entrances). The Village also has specific standards for signage and stormwater management. The properties that are adjacent to and near the subject property benefit from the Village's highs standards for landscaping, appearance, signage, and oversight of stormwater management. The granting of a unique use will allow the intrusion of a commercial use that does not meet these standards and thus would not be an affirmative benefit to the surrounding properties and neighborhood. NOW THEREFORE BE IT RESOLVED by the Village President and the Board of Trustees of the Village of Lemont that the Village of Lemont objects to the request for a Special Use for a Unique Use under the terms of the Zoning Ordinance of Cook County and that the unique use will violate the Cook County zoning provisions for a unique use. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DuPAGE, ILLINOIS, on this 24th day of January, 2011. Debby Blatzer Paul Chialdikas Clifford Miklos Ron Stapleton Rick Sniegowski Jeanette Virgilio AYES NAYS ABSENT ABSTAIN V V Approved by me this 24th day of January, 2011 BRIAN K. REAVES, Village President CHARLENE M. SMOLLEN, Village Clerk