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O-37-08 07/14/2008VILLAGE OF LEMONT ORDINANCE NO. U - 3 2 - ii 8 AN ORDINANCE AMENDING ORDINANCE 0- 68 -07, AN ORDINANCE GRANTING PRELIMINARY PLAT APPROVAL, VARIATION TO A REAR YARD SETBACK AND ZONING MAP AMENDMENT FOR APPROXIMATELY 6.35 ACRES LOCATED AT 1360 STATE STREET (WALUS WOODS SUBDIVISION) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 14T11DAY OF JULY, 2008 PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, WILL AND DUPAGE COUNTIES, ILLINOIS, THIS 14TH DAY OF JULY, 2008 1 ORDINANCE NO.d -3 9 0? AN ORDINANCE AMENDING ORDINANCE 0- 68 -07, AN ORDINANCE GRANTING PRELIMINARY PLAT APPROVAL, VARIATION TO A REAR YARD SETBACK AND ZONING MAP AMENDMENT FOR APPROXIMATELY 6.35 ACRES LOCATED AT 1360 STATE STREET (WALUS WOODS SUBDIVISION) WHEREAS, Mr. & Mrs. Walus, hereinafter referred to as the Petitioners, are the owners of the subject property consisting of 6.35 acres; said parcel is located at 1360 State Street, and is legally described in Exhibit "A" attached; and WHEREAS, the Petitioners made application under the provisions of the Lemont Zoning Ordinance for preliminary plat approval, variation to a rear yard setback, and zoning map amendment from Village of Lemont R -1 Single Family Detached Residence District to R-4 Single Family Detached Residence District; and WHEREAS, the Village Board of Trustees approved Ordinance 0- 68 -07, granting approval of said requests, on August 13, 2007; and WHEREAS, the Petitioners prefer to delay the start of the project due to market considerations, and have therefore respectfully requested this amendment to time constraints. THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE AND WILL, ILLINOIS: shown: Section 1: Section 4 of Ordinance 0 -68 -07 is amended, corrected and replaced as From: "Section 4. The approvals shall lapse in the event the Petitioner does not file a complete application for a site - development permit within one (1) year of the effective date of this Agreement." To: "Section 4. The approvals shall lapse in the event the Petitioners do not file a complete application for a Final Plat of Subdivision within three (3) years of the effective date of this Ordinance." Section 2: All other sections and conditions of Ordinance 0 -68 -07 remain as they were at approval by the Village Board of Trustees on August 13, 2007. 2 PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DuPAGE, ILLINOIS, on this 14th day of July, 2008. DEBBY BLATZER PETER COULES CLIFFORD MIKLOS BRIAN REAVES RON STAPLETON JEANNETTE VIRGILIO Attest: AYES NAYS ABSENT ABSTAIN Approved by me this 14th day of July, 2008 JOHN F. ' AZZA, Villag 3 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: THE NORTH 165.00 FEET OF THE WEST 242.50 FEET OF THE EAST 800.00 FEET OF LOT 15 IN COUNTY CLERK'S DIVISION IN SECTION 32, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 30, 1880 AS DOCUMENT NUMBER 269447 IN BOOK 15 OF PLATS, PAGE 49, SUBJECT TO A 33.00 FOOT EASEMENT OVER THE NORTH 33.00 FEET OF THE AFORESAID TRACT FOR INGRESS AND EGRESS AND UTILITIES ACCORDING TO DOCUMENT NUMBER 24995551 RECORDED JUNE 8, 1979 IN COOK COUNTY , ILLINOIS. PARCEL TWO: THE NORTH 165.00 FEET OF THE WEST 242.50 FEET OF THE EAST 557.50 FEET OF LOT 15 IN COUNTY CLERK'S DIVISION IN SECTION 32, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 30, 1880 AS DOCUMENT NUMBER 269447 IN BOOK 15 OF PLATS, PAGE 49 SUBJECT TO A 33.00 FOOT EASEMENT OVER THE NORTH 33.00 FEET OF THE AFORESAID TRACT FOR INGRESS AND EGRESS AND UTILITIES ACCORDING TO DOCUMENT NUMBER 24995551 RECORDED JUNE 8, 1979 IN COOK COUNTY , ILLINOIS. PARCEL THREE: THE NORTH 165.00 FEET OF THE EAST 315.50 FEET LOT 15 IN COUNTY CLERK'S DIVISION IN SECTION 32, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 30, 1880 AS DOCUMENT NUMBER 269447 IN BOOK 15 OF PLATS, PAGE 49, IN COOK COUNTY ILLINOIS PARCEL FOUR: THE SOUTH 165.00 FEET OF THE NORTH 330.00 FEET OF THE EAST 400.00 FEET (EXCEPT THE EAST 33.00 FEET THEREOF) OF LOT 15 IN COUNTY CLERK'S DIVISION IN SECTION 32, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 30, 1880 AS DOCUMENT NUMBER 269447 IN BOOK 15 OF PLATS, PAGE 49, COOK COUNTY, ILLINOIS, SAID LOT 15 BEING THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 32, COOK COUNTY, ILLINOIS. PARCEL FIVE: THE SOUTH 350.65 FEET OF THE NORTH 515.65 FEET OF THE EAST 600.00 FEET (EXCEPT THE EAST 33.00 FEET THEREOF) OF LOT 15 IN COUNTY CLERK'S DIVISION IN SECTION 32, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 30, 1880 AS DOCUMENT NUMBER 269447 IN COOK COUNTY, ILLINOIS, SAID LOT 15 BEING THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 32. PARCEL SIX: THE EAST 100.00 FEET OF THE SOUTH 350.65 FEET OF THE NORTH 515.65 FEET OF THE WEST 200.00 FEET OF THE EAST 800.00 FEET (EXCEPT THE SOUTH 33.00 FEET THEREOF) OF LOT 15 IN COUNTY CLERK'S DIVISION IN SECTION 32, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 30, 1880 AS DOCUMENT NUMBER 269447 IN COOK COUNTY, ILLINOIS M: /COMMUNITY DEVELOPMENT DEPARTMENT/200 DEVELOPMENT/250 CASE FILES12006126. 15 /ORDINANCES/W ALUS ORD EXTENSION- 2YRS.DOC VILLAGE OF LEMONT ORDINANCE NO ,(dg•67 AN ORDINANCE GRANTING PRELIMINARY PLAT APPROVAL, VARIATION TO A REAR YARD SETBACK AND ZONING MAP AMENDMENT FOR APPROXIMATELY 6.35 ACRES LOCATED AT 1360 STATE STREET (WALUS SUBDIVISION) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 13TH DAY OF AUGUST, 2007 PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, WILL AND DUPAGE COUNTIES, ILLINOIS, THIS 13TH DAY OF AUGUST, 2007 1 AN ORDINANCE GRANTING PRELIMINARY PLAT APPROVAL, VARIATION TO A REAR YARD SETBACK AND ZONING MAP AMENDMENT FOR APPROXIMATELY 6.35 ACRES LOCATED AT 1360 STATE STREET (WALUS SUBDIVISION) WHEREAS, Albert and Anna Walus, hereinafter referred to as "the Petitioner," are the owners of the subject property consisting of 6.35 parcels acres, located at the 1360 State Street and legally described in Exhibit A attached depicted on Exhibit B; and WHEREAS, the Petitioner made application under the provisions of the Lemont Zoning Ordinance for preliminary plat approval; and WHEREAS, the Petitioner made application under the provisions of the Lemont Zoning Ordinance for a variation to reduce the required rear yard setback for Lot 14 from a minimum of 30 feet to a minimum of 25 feet; and WHEREAS, the Petitioner made application for a zoning map amendment from Cook R- 4 Single - Family Residential District and Village of Lemont R -1 Single- Family Residential District to Lemont to R -4 Single - Family Residential District; and WHEREAS, the Planning and Zoning Commission of the Village of Lemont, Illinois, in accordance with Lemont Zoning Ordinance, conducted a public hearing on the petition on August 1, 2006, January 2, 2007 and June 5, 2007 and voted 6 -0 with one members absent to make a recommendation for approval to the Village Board;; and WHEREAS, a notice of the aforesaid Public Hearing was made in the manner provided by law and was published in the Lemont Reporter Met, a newspaper of general circulation within the Village; and WHEREAS, the petitioner has submitted the Preliminary Plat of Subdivision, attached as Exhibit C; and WHEREAS, the said plat substantially conforms to the physical development policies and standards of the Village of Lemont and were previously approved as part of an annexation agreement between the Village and the petitioner; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE, AND WILL, STATE OF ILLINOIS, AS FOLLOWS: Section 1. A Preliminary Plat of Subdivision, attached as Exhibit C, is hereby approved subject to the following conditions: 1. Prior to Final Plat of Subdivision approval the Final Engineering Plan must be reviewed and approved by the Village Engineer. 2 2. Prior to Final Plat of Subdivision approval the Final Landscape Plan must be reviewed and approved by the Community Development Department. 3. Prior to Final Plat of Subdivision approval all Land/Cash Donations shall be paid in full. Section 2. A zoning map amendment is granted to allow the change in the zoning classification of the parcels illustrated in the Plat of Survey and legal description attached as Exhibit A and depicted on Exhibit B from Cook County R -4 and Village of Lemont R -1 to Village of Lemont R -4. Section 3. A variation to the Lemont Zoning Ordinance is hereby granted to allow a reduced minimum rear yard setback from 30 feet to 25 feet for Lot 14 with the condition that the variation is for the existing dwelling only and any future new construction shall comply with the existing required rear yard setback. Section 4. The approvals shall lapse in the event the Petitioner does not file a complete application for a site development permit within one (1) year of the effective date of this AGREEMENT. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DuPAGE, ILLINOIS, on this 13`h day of August, 2007. DEBBY BLATZER PETER COULES CLIFFORD MIKLOS BRIAN REAVES RON STAPLETON JEANNETTE VIRGILIO Attest: AYES NAYS ABSENT ABSTAIN 1t V Approved by me this 13* day of August, 2007 JOHN 1 PIAZZA, V age P ent CHARLENE M. SMOLLE , Village Clerk 3 EXHIBIT A PARCEL 1: THE NORTH 165.00 FEET OF THE WEST 242.50 FEET OF THE EAST 800.00 FEET OF LOT 15 IN COUNTY CLERK'S DIVISION IN SECTION 32, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 30, 1880 AS DOCUMENT NUMBER 269447 IN BOOK 15 OF PLATS, PAGE 49, SUBJECT TO A 33.00 FOOT EASEMENT OVER THE NORTH 33.00 FEET OF THE AFORESAID TRACT FOR INGRESS AND EGRESS AND UTILITIES ACCORDING TO DOCUMENT NUMBER 24995551 RECORDED JUNE 8, 1979 IN COOK COUNTY , ILLINOIS. PARCEL TWO: THE NORTH 165.00 FEET OF THE WEST 242.50 FEET OF THE EAST 557.50 FEET OF LOT 15 IN COUNTY CLERK'S DIVISION IN SECTION 32, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 30, 1880 AS DOCUMENT NUMBER 269447 IN BOOK 15 OF PLATS, PAGE 49 SUBJECT TO A 33.00 FOOT EASEMENT OVER THE NORTH 33.00 FEET OF THE AFORESAID TRACT FOR INGRESS AND EGRESS AND UTILITIES ACCORDING TO DOCUMENT NUMBER 24995551 RECORDED JUNE 8, 1979 IN COOK COUNTY , ILLINOIS. PARCEL THREE: THE NORTH 165.00 FEET OF THE EAST 315.50 FEET LOT 15 IN COUNTY CLERK'S DIVISION IN SECTION 32, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 30, 1880 AS DOCUMENT NUMBER 269447 IN BOOK 15 OF PLATS, PAGE 49, IN COOK COUNTY ILLINOIS PARCEL FOUR: THE SOUTH 165.00 FEET OF THE NORTH 330.00 FEET OF THE EAST 400.00 FEET (EXCEPT THE EAST 33.00 FEET THEREOF) OF LOT 15 IN COUNTY CLERK'S DIVISION IN SECTION 32, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 30, 1880 AS DOCUMENT NUMBER 269447 IN BOOK 15 OF PLATS, PAGE 49, COOK COUNTY, ILLINOIS, SAID LOT 15 BEING THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 32, COOK COUNTY, ILLINOIS. PARCEL FIVE: THE SOUTH 350.65 FEET OF THE NORTH 515.65 FEET OF THE EAST 600.00 FEET (EXCEPT THE EAST 33.00 FEET THEREOF) OF LOT 15 IN COUNTY CLERK'S DIVISION IN SECTION 32, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 30, 1880 AS DOCUMENT NUMBER 269447 IN COOK COUNTY, ILLINOIS, SAID LOT 15 BEING THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 32. PARCEL SIX: THE EAST 100.00 FEET OF THE SOUTH 350.65 FEET OF THE NORTH 515.65 FEET OF THE WEST 200.00 FEET OF THE EAST 800.00 FEET (EXCEPT THE SOUTH 33.00 FEET THEREOF) OF LOT 15 IN COUNTY CLERK'S DIVISION IN SECTION 32, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 30, 1880 AS DOCUMENT NUMBER 269447 IN COOK COUNTY, ILLINOIS. .1 0 135L14._$91• -� 91Y ig • :j I- .., 0 { ° 0 6 I s I i i. 1 1r1 • I. 1 1 1 1. jr•S Ora Ada .1014 I • t i 7,77 j- p0l .• 1i 00'5001 1. 0 0 w s - ;ft! sq vim pp 31 11141 ,j, tt :. it Id zl i ; � ' Pt glip lips IA. 101 " e Oh, alb l�fl i i# � ! i r; I— �:zr; �.3. 0 ; a Om J.L11iQ .00'SO4 ( ig 401 O 011 .Rl - - 1 �O1NM YIYU /. W1 P1 vP TI tY A0'SBt PM 1 PIT C,.O.W fw w Yln®mwl� mx1 l- /-J;;1, -; � ti mitt 11 II 9 7- yli ;It mml v In c E mal r p alit t k e + 111N 0 1 MOM an A • v •••• sv. aT a 70, •I4 uwMY.JTYp1.l11p. r LOU mxI mul V..TIp 1 i t Arm \. 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