O-01-05 01/10/2005ORDINANCE NOy� , � e,
January 10, 2 05
AN ORDINANCE GRANTING A VARIATION TO REDUCE THE MINIMUM
CORNER SIDE YARD SETBACK FOR A FENCE AT 12291 ST. JAMES WAY IN
LEMONT, ILLINOIS
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 10T" 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 %'625-
AN ORDINANCE GRANTING A VARIATION TO REDUCE THE MINIMUM
CORNER SIDE YARD SETBACK FOR A FENCE AT 12291 ST. JAMES WAY IN
LEMONT, ILLINOIS
WHEREAS, John McMahon, hereinafter referred to as "the Petitioner," is the
owner of a 17,357 square foot parcel, hereinafter referred to as "the subject property,"
located at 12291 St. James Way 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 setback for a rear corner side yard adjacent to a street from forty
feet (40') to thirty -five feet (35'), to accommodate a fence on the subject property,
pursuant to Section VII.E.7.b.2. 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 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. Minimum Rear Side Yard Setback for a Fence: A variation is
granted to reduce the minimum setback for a comer side yard adjacent to a street from
forty feet (40') to thirty-five feet (35'), to accommodate a fence on the subject property,
pursuant to Section VII.E.7.b.(2). of the Lemont Zoning Ordinance.
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 10`n DAY OF JANUARY, 2005.
DEBBY BLATZER
PETER COULES
BRIAN REAVES
STEVEN ROSENDAHL
RON STAPLETON
JEANETTE VIRGILIO
Attest:
AYES
V
V
V
NAYS PASSED ABSENT
Approved by me this 10'h day of January, 2005.
CHARLENE SMOLLEN, Village Clerk
3
Exhibit "A"
The subject property is located at 12291 St. James Way in Lemont, Illinois and is legally
described as follows:
LOT 17 IN KENSINGTON ESTATES, BEING A SUBDIVISION OF PART OF THE SOUTHWEST
1/4 OF THE NORTHWEST 1/4 OF SECTION 26, TOWNSHIP 37 NORTH, RANGE 11 EAST OF
THE THIRD PRINCIPAL MERIDIAN AND PART OF THE SOUTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN, ALL IN COOK COUNTY, ILLINOIS.
G:\COMMUNITY DEVELOPMENT DEPTWASE FILES\2004\24.36 12991 St lames WayVSUamesOrdinanayar.wpd
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STAFF REPORT
ZONING BOARD OF APPEALS
Prepared by Timothy Teddy, AICP, Community Development Director ‹c-
GENERAL CASEFILE INFORMATION
Case Number 24.36
Commission Meeting Date January 4, 2005
Petitioner John McMahon
Request(s) Variation: Reduction in the corner side yard setback
from 40' to 35' to accommodate a fence
Location 12991 St. James Way (Lot 17, Kensington Estates)
Parcel Number(s) 22 -26 -103 -001
Size 125' x 139' (17,375 sq. ft.)
Street Frontage(s) 139' on McCarthy Road; 125' on St. James Way
Current Zoning Lemont R -5 PUD
Contiguous Zoning &
Land Use North — Lemont R -5 PUD /Single - family residential
East — Lemont R -5 PUD /Single - family residential
South Cook County R- 3/Residential /Recreational
West — Lemont R -5 PUD /Single- Family Residential
Exhibits
1. Plat of Survey /site plan.
2. Location map.
PROPOSAL
The petitioner is requesting reduction of a yard adjacent to a street from 40 feet to 35 feet to accommodate an
existing fence that encloses the rear yard.
PUBLIC RESPONSE
As of this writing, staff has received no inquiries in response to the public notices provided in this case. The
developer and a neighbor have indicated their support for this request.
VARIATION STANDARDS (Zoning Ordinance, Sec. XVIII.H.4a -c)
1. The property in question cannot yield a reasonable return:
Corner lots by ordinance are limited to fences behind the building line on both intersecting streets. In this
particular case, the yard in question aligns with several rear yards directly abutting McCarthy Road,
where fences may by right be placed much closer to the roadway. The owner has also stated that a rear
door is more easily accessed if the fence is moved several feet south of it.
2. The plight of the owner is due to unique circumstances:
Lemont does not have a rule that allows leniency when a corner lot abuts the side ofa "through" lot (i.e.,
1 \Iemontdc0l_vh1shared\community development dept \case files\2004124.36 12991 st james way\zba 2436 12991stjames1.4.05.doc
Page 1 of 2
rear yard to street). Therefore this owner must locate a fence farther back (40 feet) than the owners of the
lots directly east, who are entitled to locate fences within 40 feet, along the conservation easement parallel
to the street.
3. The variation will not alter the essential character of the locality:
As stated above, the fence will be no closer to the road than fences are permitted on adjacent lots. The
fence is also a developer- approved decorative design and is behind a landscaped berm.
STAFF RECOMMENDATION
The Village does not generally grant corner yard variations, however in this case the corner yard abuts rear yards of
lots that are directly east of it. If the yard along McCarthy Road were treated as a rear yard, a uniform fence limit
would be possible.
Staff recommends that the variation ordinance state specifically that the variation is for a fence and not another
building or structure.
1VemontdcOl vh\shared\community development dept case files \20041.24.36 12991 st james way\zba 24.36 12991stjames1.4.05.doc
Page 2 of 2
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. /Area Survey Company
11340 West 159th Street
Orland Park,Illinois 60447
PLAT OF SURVEY
Phone: (708)349 -7364
Fax: (708)349 -7372
E-mail: areasurvcy Oattglobal.net
of
LOT 17 IN KENSINGTON ESTATES, BEING A SUBDIVISION OF PART OF THE SOUTHWEST 1/4
OF THE NORTHWEST 1/4 OF SECTION 26, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE
THIRD PRINCIPAL MERIDIAN AND PART OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4
OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ALL IN COOK COUNTY, ILLINOIS.
Area of Lot: 17.400 Square Feet or 0.39 Acres
(Ares Information for Reference Only)
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Benchmark:
Cross cut in top of curb Northwest
of the Northwest corner of Lot 17.
Elevation= 717.81
McCarthy
Compare all points before building rind at once report any..'
differences to the surveyor. For building lines. eosements and
other restrictions not shown hereon, refer to your abstroct,
deed. contract. and zoning ordinonce. No dimension shall be
assumed by scale measurement upon this plot.
Scale: 1" = 20' Order Number: 5279 -17
Ordered by- John McMahon
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Improvements, Grades & Contours
Foundation Located '�`
Road
This Professional Service conforms to the current Illinois Minimum
Standards for o Boundary Survey.
Stole of Illinois) s s
County of Cook)
I, Thornos J. Cesal, an Illinois Professional Land Surveyor, hereby
certify that I hove surveyed the above described property and that
this Plat is o true and correct representation of said survey. All
dimensions are given in feet and decimal parts thereof, corrected
to 68 degrees Fahrenheit.
Doted this 2Rth day of QE%Gpem(7'EC�
ILLINOIS PROFESSIONAL LAND SURVEYOR NO. 2205
(License Expiration Date: November 30, 2004)
Illinois Professional Design Firm No. 18 4 - 002 818