O-22-05 02/28/2005ORDINANCE NO.o -a•os
AN ORDINANCE GRANTING THE REQUEST FOR A SPECIAL USE FOR
AN OUTDOOR SEATING AREA IN A COMMERCIAL CENTER AT
14100 MCCARTHY ROAD IN LEMONT, ILLINOIS
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 28TH DAY OF FEBRUARY, 2005
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 28th
day of February, 2005
ORDINANCE NO. `DJS
AN ORDINANCE GRANTING THE REQUEST FOR A SPECIAL USE FOR
AN OUTDOOR SEATING AREA IN A COMMERCIAL CENTER AT
14100 MCCARTHY ROAD IN LEMONT, ILLINOIS
WHEREAS, FS Development, hereinafter referred to as "the Petitioner ", is the contract
purchaser of a parcel, hereinafter referred to as "the subject property", located at 14100 McCarthy
Road in Lemont, Illinois and described in the attached legal description as "Exhibit A "; and
WHEREAS, the Petitioner made application under the provisions of Section VIII.E.2.o.
(B -3 Arterial Commercial District), in the Lemont Zoning Ordinance for a special use for an
outdoor seating area in a commercial center at 14100 McCarthy Road in Lemont, Illinois; and
WHEREAS, the Zoning Board of Appeals of the Village of Lemont, Illinois, in
accordance with said Zoning Ordinance, conducted a Public Hearing on the petition on January
4, 2005; and
WHEREAS, a notice of the aforesaid Public Hearing was made in the manner provided
by law and was published in the Daily Southtown, a newspaper of general circulation within the
Village; and
WHEREAS, the Zoning Board of Appeals has recommended approval of the request for
a special use to the Village Board; and
WHEREAS, the President and Board of Trustees of the Village have determined that the
best interests of the Village will be served by approving the Special Use Permit by the standards
of the Special Use Procedures, Sections XVIII.I.of the Lemont Zoning Ordinance.
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. Conditions:
1. Development shall substantially conform to exhibits as follows:
a. Proposed Elevation Rendering, Linden Group Inc., dated 1- 18 -05;
b. Architectural Site Plan (A -1), Linden Group Inc., 1 -18 -05 version;
c. Landscape Plan (S -1), Linden Group Inc., dated 10- 20 -04;
d. East Elevations, 2 sheets, color and b /w, Linden Group Inc., dated 1- 18 -05; and
e. Combined Enlarged West Elevation, Enlarged Plaza Sign Elevation with
Shopping Center Signage, Linden Group Architects, dated 1 -18 -05
2. Outdoor seating shall cease at 11:00 p.m.
3. The drive - through establishment operation shall be restricted to drive - through only
between midnight and 5:00 a.m. daily, if the establishment is open 24 hours.
4. The final site development plan shall designate a twelve (12) foot wide and thirty
(30) foot long loading area behind the building as required by the Zoning Ordinance.
5. Bicycle parking spaces shall be installed as indicated on the site plan.
Section 2. A special use shall lapse in the event of the following:
1. A complete building permit application has not been received by the Village for such
construction, installation, or relocation within one year after the effective date of the
ordinance granting said special use; or
2. A building permit has been issued within one year of the effective date of the special
use, but such construction, installation or relocation has not commenced within one
year after the issuance of the building permit.
3. In the event a special use lapses, nothing herein shall prohibit any person from
applying for the same special use or a new special use on substantially the same
terms.
Section 3. That this ordinance shall be in force and effect from and after its passage,
approval and publication in pamphlet form as provided by law.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE,
ILLINOIS, on this 28th day of February, 2005.
Debby Blatzer
Peter Coules
Brian Reaves
Steven Rosendahl
Ron Stapleton
Jeanette Virgilio
Attest:
AYES NAYS PASSED ABSENT
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1
CHARLENE M. SMOLLEN, Village Clerk
Approved by me this 286 day of February, 2005
F. PIAZ , Vill. 9 President
Legal Description
LOT 18, EXCEPT THE NORTHEASTERLY 1.62 ACRES THEREOF
MEASURED AS TO GIVE EQUAL DISTANCES ALONG THE NORTH AND
SOUTHEASTERLY LINE OF SAID LOT 18, IN COUNTY CLERK'S
DIVISION OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11, EAST OF
THE THIRD PRINCIPAL MERIDIAN, AND ALSO EXCEPTING THERE
FROM THE SOUTHEASTERLY FIFTY FEET (50') (AS MEASURED AT
RIGHT ANGLES FROM THE CENTER OF ARCHER AVENUE) IN COOK
COUNTY, ILLINOIS.