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O-02-05 01/10/2005ORDINANCE NO. r .1. r9 January 10, 2005 AN ORDINANCE GRANTING A VARIATION TO REDUCE THE MINIMUM SIDE YARD SETBACK AT 1376 CAMELOT LANE IN LEMONT, ILLINOIS ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 10TH DAY OF JANUARY, 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 10th day of January, 2005. ORDINANCE NO. 0 '6)`'R G� AN ORDINANCE GRANTING A VARIATION TO REDUCE THE MINIMUM SIDE YARD AT 1376 CAMELOT LANE IN LEMONT, ILLINOIS WHEREAS, Kim and Raymond Sullivan, hereinafter referred to as "the Petitioners," are the owners of a 13,527 square foot parcel, hereinafter referred to as "the subject property," located at 1376 Camelot Lane in Lemont, Illinois and legally described in Exhibit "A "; and WHEREAS, the applicant is seeking a variation to the Lemont Zoning Ordinance to reduce the minimum side yard of the subject property from fifteen feet (15') to eight and a half feet (8.5'), pursuant to Section VII.E.7.2.c. of the Lemont Zoning Ordinance; and WHEREAS, the Zoning Board of Appeals of the Village of Lemont, Illinois (the "Village ") did heretofore commence and conduct a Public Hearing on December 16, 2004 for approval of a Zoning Map Amendment and Variation; 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 President and Board of Trustees of the Village have determined that the best interests of the Village will be served by approving the variation as described herein. 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: Side Yard Minimum Setback: A variation is granted to reduce the minimum north side interior side yard of the subject property from fifteen feet (15') to eight and three- tenths feet (8.3') in order to construct a dwelling with a side - loaded attached three car garage pursuant to Section VlI.E.7.a.(2).(c). of the Lemont Zoning Ordinance; and SECTION 2: Condition of Approval: The above variation shall be approved subject to the petitioner obtaining a building or occupancy permit within one year of the effective date of this ordinance or the variations shall be null and void. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE AND WILL, ILLINOIS, ON THIS 10th DAY OF JANUARY, 2005. DEBBY BLATZER PETER COULES BRIAN REAVES STEVEN ROSENDAHL RON STAPLETON JEANETTE VIRGILIO Attest: AYES NAYS PASSED ABSENT v v V Approved by me this 10th day of January, 2005. /4(giel, HARLENZ SM LLEN, Village Clerk 3 Exhibit "A" The subject property, located at 1376 Camelot Lane in Lemont, Illinois, is legally described as follows: LOT 13 IN AMBERWOOD SUBDIVISION, BEING A PLANNED UNIT DEVELOPMENT IN THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 25, 2003 AS DOCUMENT NUMBER 0030403778 IN COOK COUNTY, ILLINOIS. GACOMMUNITY DEVELOPMENT DEPT\CASE FILES\ 2004\24.33 1376 Camelot-Variation \1376 Cam Ordinance.wpd 4 P.I.N. 22-20-401-001 AMBERWOOD P.U.D. FINAL PLAT OF SUBDIVISION IN THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 28. TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, R0.14, 1 ref81 4.152,1„F.FfEici 31:101,1:V=8.66Ag r540Olro:WY. 1111015400^13 6681.85 OUTLOT E 04.• RIVM.1 WOW OUTLOT 11%.2.44 $11 iia",on,gegs LeIVIr """igt3 PAW: rj" * 225• 802252 tn era INNISS•• 1 NB roAss Amy FIS34§71 EA itrn.s.,g1.-. 1 1g —wwwir.ver Le 4 4--41.11.11.77•0r Iger,64 1.33.7.77277f7tle' KAAres.KAKA BO Si M.. AWAVAS... '.111 s 11:111.? OAP 1..Au... me reAe.A.AAW, _ kPATAP !!A !egr.t. I _ _6,6es.wee _ _ at„ 00000 0" uJ FlIOSAUSASTAI. C SW Ma° MIS ser se trot !-GOVINEr-TON! WREN emcee:0 ------ , , ! AA, Q pouge Isom u !-T anf gAg!„.r• _ MISS•141 < 1 I 1 LOT 12; - !t! r § OUTLOT C NON Si =r . IN! "2119;PL" nrgf As, A 5, , ------- I azag ma". 4 ; 181 I it k Lrgvadese4,4- '" "'" e Tardarial!-'1„; g II 1;1 Lor gt ;11 1111.4.P 3.? • at • DIBBESSPESS ■ 2: - „ise.% 15:114. p • 12t.41 1460 64 j prig SA" MINS NJ/ ."6:4G V44#e‘ IISSESIB 2_1 z 100.1034. NOTES] SU OS S. SNOBS PUSS UNA, OSMAU VaLein Sager03"lf esioxweve As* EPW-FrEili7,7 ON JO Th'i g /• 1 1111,Iit it; LOT /9 &It 41 'z'sNIKAAA.Z °I'ee.A.Ae ,72"..rge-4."---1.4-t-47;74114'.1 jro L.Egaer- . 002-70 '''etrIejeKTATAtier." AA AA CASTL SKOOG, SST A TC. Sl.t1(1111S10. • - ;.0 21 LLJ Z DRAWBRIDGE LANE „„„„5, 50414264 1100542! 44 6204044 • V AMBERWOOD PU 0 MAT OS SUBDIVISION AAA, AAA.. A AA AISISATSK,UASSKTAI & AVLSESS LTD.Ke•AAA AAA, AA, A 11. A'H,;11. 0.00110 0- 00 0,0 "` • 20250 4614-2 "`" — STAFF REPORT ZONING BOARD OF APPEALS Prepared by Melissa Hagensee, Community Development Intern GENERAL CASEFILE INFORMATION Case Number 24.33 Commission Meeting Date December 16, 2004 Petitioner Raymond and Kim Sullivan Request(s) Variation: Reduction in the side yard setback from 15' to 8.3' Location 1376 Camelot Lane (Lot 13 of Amberwood Subdivision) Parcel Number(s) 22 -28- 401 -001 Size 151.5" x 90' (13,635 sq. ft.) Street Frontage(s) 90' on Camelot Lane Current Zoning Lemont R -5 Single - Family Attached Residence District with Special Use Contiguous Zoning & Land Use (Amberwood Subdivision) North — Lemont R -5 Single - Family Attached Residence District with Special Use (Open Space) East — Lemont R -5 Single - Family Attached Residence District with Special Use South — Lemont R -5 Single - Family Attached Residence District with Special Use West — Lemont R -4 Single- Family Residence District P.U.D. (Covington Knolls Subdivision) Exhibits 1. Plat of Survey, dated 10.31.04 2. Final Plat of Subdivision, Amberwood P.U.D. DEVELOPMENT PROPOSAL /CHARACTER OF THE AREA The petitioner is requesting a side yard variation to build a side - loaded garage on Lot 13 of Amberwood Subdivision. The variation would reduce the north rear yard setback from 15' to 8.3' (this is based on the proposed building envelope). The garage would face south towards Lot 14 of the subdivision and maintain a side yard setback of 15 feet. The property to the north is landscaped common area; an outparcel of the Amberwood PUD. The property to the east is a 3 -unit townhouse and south is a single - family lot, and the property to the west is a platted lot within Covington Knolls Subdivision. The front and rear yard setback requirements adjacent to the surrounding properties are being maintained. PUBLIC RESPONSE As of this writing, staff has received no inquiries in response to the public notices provided in this case. VARIATION STANDARDS (Zoning Ordinance, Sec. XVIII.H.4a -c) 111emontdenl_vh\shared\community development dept\ease files12004124.33 1376 camelot- variation \zba 24.33 1376 camelot_lane_12.16.04.doc page 1 of 2 1. The property in question cannot yield a reasonable return: • (Can this site perform under the current regulations in this ordinance ?) 2. The plight of the owner is due to unique circumstances: • (Are there unique circumstances, not of the owner's ability to control, that result in difficulty in compliance to the ordinance with the proposed use or structure ?) 3. The variation will not alter the essential character of the locality: • (Does the result of the variation(s) impact the local neighborhood ?) STAFF RECOMMENDATION The Village does not generally grant side yard variations, however it has made several exceptions for single - family dwellings that have side - loaded garages. Typically, however, the variation allows the dwelling to be shifted closer to open space so the garage -side side yard may be farther than 15 feet. In this particular case, the variation would allow the dwelling a minimum of 15 feet on one side and 8.3 feet on the other. The garage door has been recessed greater than 15 feet from the side lot line to allow maneuvering space. 1\lemontdc0l_vh\sharedlcommunity development dept\case files12004\24.33 1376 Camelot- variation \zba 24.33 1376 camelot_ lane _12.16.04.doc Page 2 of 2 L.+ 0 99 ° + tern` /� + 4,Z^' NOCD2'IVE -. /90.00' `U T k DRAINAGE EASEMENT? / 2S J O y� + I gml rr ZL 0£L �9a BUILDING SACK UN N l£L— 6 > + 25. > <6 �5 CH 2 ETRACK UNE lo Am L0 _ :Zs moo' r– O N 730 UTILITY & D NAGE EASEMENT Q —6ZL- Ca _C C 3 C C . c c 3 2 c 3 0 a a c c c V 0 c. c c ( 4A m S0 v E3 Village of Lemont Zoning Board of Appeals Meeting Minutes December 16, 2004 Excerpt: NEW BUSINESS, PUBLIC HEARINGS A. Case #24.33 —1376 Camelot Lane: Variation to side yard setback to construct a side Toad garage. A motion was made by Mr. Erber and seconded by Ms. Predey to open the Public Hearing for Case No. 24.33 — 1376 Camelot. Lane. A roll call vote was taken as follows: AYES: 5 NAYES: 0 ABSENT: 1 Motion carried 5 -0. The petitioners, Raymond and Kim Sullivan, are requesting a variation to the side yard setback from 15' to 8.3' to accommodate a side - loaded garage. The variation would reduce the north rear yard setback from 15 from 15' to 8.3 feet. The garage would face south toward lot 15 of the subdivision and maintain a side yard setback of 15 feet. 2 North: Landscaped common area of the Amberwood PUD East: Three unit townhouse South: Platted lot within Covington Knolls subdivision West: Detention basin lot for Covington Knolls. Kim Sullivan — 1277 Camelot Lane — the reason they are seeking the variance is to optimize the lot. They think a side bad garage is more aesthetically pleasing. There is a sewer easement on the south side. Because of the sewer easement they need to push it towards the north in order to accommodate the driveway. There are some mitigating circumstances in terms of having open space behind and next to them. They are planning to build something similar to their current home at 1277 Camelot — a two story home approximately 4,500 SF primarily brick and drivett where it is not possible to have brick. Mr. Schubert recommended using hardy board due to the fact that there are a lot of mold issues and weeping with drivett. AUDIENCE: Stephen Dignan, developer of Amberwood - he has no opposition to reduction of the side yard since it is up against open space. He thinks this will be a very nice addition to the neighborhood. A motion was made by Mr. Bruce and seconded by Mr. Schubert to close the Public Hearing for Case No. 24.33. A roll call vote was taken as follows; AYES: 5 NAPES: 0 ABSENT: 1 Motion carried 5 -0. A motion was made by Mr. Schubert and seconded by Mr. Bruce to recommend approval of Case No. 24.33 1376 Camelot Lane: Variation to side yard setback to construct a side load garage as presented. A roll call vote was taken as follows: AYES: 5 NAPES: 0 ABSENT: 1 Motion carried 5-0. This will be on the agenda for the Village Board meeting of January 10, 2005. B. Case #24.27 — Lemont Village Square PUD: Annexation, Rezoning from Cook County R-4 to Lemont B -3 PUD, including Variations of minimum car - stacking in a drive - through lane, maximum allowance for a ground sign, and maximum detention basin side slope to construct a Commercial Retail Development. A motion was made by Mr. Bruce and seconded by Mr. Erber to open the Public Hearing for Case #24.27 — Lemont Village Square PUD. A roll call vote was taken as follows: AYES: 0 NAYES: 5 ABSENT: 1 Motion carried 5 -1. Mr. Teddy summarized the proposal as follows: The petition is for annexation to the Village, rezoning from Cook County R -4 Single Family Residence District and Lemont B -3 Business District to Lemont B -3 PUD. The property is located at 1237, 1243 and 1251 South State Street and is 3