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O-42-08 08/25/2008VILLAGE OF LEMONT ORDINANCE NO.O ya �g AN ORDINANCE GRANTING A VARIATION OF THE MINIMUM REQUIRED SETBACK FOR A FENCE IN A CORNER SIDE YARD FROM TWENTY -FIVE FEET (25') TO NINETEEN FEET (19') (1353 CASTLEWOOD DRIVE) Adopted by the President and Board of Trustees of the Village of Lemont This 25th Day of August, 2008. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, DuPage, and Will Counties, Illinois this 25th day of August, 2008. ORDINANCE NO.d • ea &8 AN ORDINANCE GRANTING A VARIATION OF THE MINIMUM REQUIRED SETBACK FOR A FENCE IN A CORNER SIDE YARD FROM TWENTY -FIVE FEET (25') TO NINETEEN FEET (19') (1353 CASTLEWOOD DRIVE) WHEREAS, Sean Treanor, hereinafter referred to as "the Petitioner," is the owner of 1353 Castlewood Drive in Lemont, hereinafter referred to as "the subject property," and legally described in Exhibit "A "; and WHEREAS, the applicant is seeking a variation to the Unified Development Ordinance, § 17.07.010 and 17.12.030.A, to allow a variation from the minimum required setback for a fence in a corner side yard; and WHEREAS, the Planning and Zoning Commission of the Village of Lemont, Illinois conducted a Public Hearing on June 17, 2008 for approval of the variation; and WHEREAS, a notice of the aforesaid Public Hearing was made in the manner provided by law and was published in the Southtown Star, a newspaper of general circulation within the Village; and WHEREAS, the President and Board of Trustees of the Village has reviewed the matter herein and has determined that the same is in the best interest of the Village of Lemont, and herein adopts the finding of facts as set forth in Exhibit `B ". NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE, AND WILL, ILLINOIS: SECTION 1: Variation. A variation is granted from the Unified Development Ordinance, §1 7.07.010 and 17.12.030.A, to allow a fence to be placed in the corner side yard setback at 1353 Castlewood, 19 feet from the corner side lot line. SECTION 2: Conditions of Approval. The above variation shall be approved subject to the following conditions: 1. That all the requirements of the Lemont Zoning Ordinance and Lemont Building Codes shall be applicable except as varied as set forth in Section One above; and 2. That the variation granted by this ordinance shall be null and void and of no force and effect whatsoever unless an application for a fence permit pursuant to such variation is made and construction commenced within one year of the date this said Ordinance becomes effective. 3. The applicant must supply the Village with documentation from the Metropolitan Water Reclamation District (MWRD) that it does not oppose placing a fence within its easement on the subject property. SECTION 3: That the Village Clerk of the Village of Lemont be and is directed hereby to publish this Ordinance in pamphlet form, pursuant to the Statutes of the State of Illinois, made and provided. SECTION 4: That this Ordinance shall be in full force and effect from and after its passage, approval and publication provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE AND WILL, ILLINOIS, ON THIS 25th DAY OF AUGUST, 2008. Debby Blatzer Peter Cowles Clifford Miklos Brian Reaves Ron Stapleton Jeanette Virgilio Attest: AYES NAYS ABSENT ABSTAIN Approved by me this 25th day of August, 2008. JO E . PIAZZA, Vill ge Pr si RLENE SMOLLEN, Village Clerk "EXHIBIT A" LOT 8 IN CASTLEWOOD ESTATES SUBDIVISION, BEING A SUBDIVISION OF PART OF SECTIONS 27 AND 28, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINICIPAL MERIDIAN, IN COOK COUNTY, IL "EXHIBIT B" FINDINGS OF FACT: 1. The requested variation is in harmony with the general intent and purpose of the Unified Development Ordinance in that it will not harm the established character of the neighborhood or have a negative effect on land or building values. 2. The plight of the owner is unique because of the unique characteristics of the block on which the property is located and because an existing service walk is located on the 25 foot corner side yard setback line. 3. The requested variation will not alter the essential character of the locality because the variation granted is the minimum necessary to accommodate the unique circumstances of the subject property. TO: Village of Lemont Community Development Department 418 Main Street • Lemont, Illinois 60439 phone 630 - 257 -1595 • fax 630 - 257 -1598 Mayor John F. Piazza #176-08 Village Board of Trustees FROM: James A. Brown, Community Development Director THRU SUBJECT: Extension of Special Use Approval - Briarcliffe Office PUD DATE: 18 August 2008 BACKGROUND On Sept 10, 2007 the Village Board approved 0- 72 -07, which granted a special use /PUD for Briarcliffe office condominiums. This approval had an expiration date of one year unless a complete building application was not received by the Village. Due to the poor commercial market, Briarcliffe wishes to extend the approval. (See attached request.) An ordinance amending the pertinent section of 0 -72 -07 is attached; it gives the developer an additional two years to submit the complete building permit. RECOMMENDATION Such extensions of expiring ordinances were discussed at the January Committee of the Whole, and the Board has previously honored all such requests. I therefore recommend approval of the amending ordinance. This item can be placed on the consent agenda. Attachments: 1. Ordinance Amending 0 -72 -07 2. John Barry letter, July 30, 2008 3. 0 -72 -07 1