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O-05-06 01/09/2006VILLAGE OF LEMONT ORDINANCE NOD AN ORDINANCE GRANTING A VARIATION TO ALLOW A FENCE TO BE LOCATED IN A FRONT YARD SETBACK AT 11250 SOUTH ARCHER AVENUE IN LEMONT, ILLINOIS ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 9TH DAY OF JANUARY, 2006. 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 9th day of January, 2006. ORDINANCE NO.4 2 AN ORDINANCE GRANTING A VARIATION TO ALLOW A FENCE TO BE LOCATED IN A FRONT YARD SETBACK AT 11250 SOUTH ARCHER AVENUE IN LEMONT, ILLINOIS WHEREAS, Michael A. Lepore of Lifescapes @Montefiori, LLC, hereinafter referred to as "the Petitioner," is the owner of 11250 South Archer Avenue, hereinafter referred to as "the subject property," and legally described in Exhibit "A "; and WHEREAS, the applicant is seeking a variation to the Lemont Zoning Ordinance to allow a fence to be located in a front yard, pursuant to § V.H.12, §XIV.E.1 and §X1V.F.1 & 3 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 November 6, 2005 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 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. Accessory Use In Required Yard — Fence: A variation is granted to allow a fence to be located in a front yard as depicted in Exhibit `B ", pursuant to § V.H.12, §XIV.E.1 and §XIV.F.1 & 3 of the Lemont Zoning Ordinance. SECTION 2: Condition of Approval: The above variations shall be approved subject to the following conditions: 1. The variation shall expire after one year from the date of Village Board approval if at that time the petitioner has not yet applied for and received a building permit. 2. Gates shall be installed at each entrance along Archer Avenue and along the Commonwealth Edison right of way. 3. The fence setback from the Archer Avenue right of way shall be a minimum of 50 feet. 4. The fence setback from the Main Street right of way shall be a minimum of 20 feet. 5. A landscape plan showing the landscaping to be installed along the fence shall be submitted for Community Development review and approval. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE AND WILL, ILLINOIS, ON THIS 9th DAY OF JANUARY, 2006. DEBBY BLATZER PETER COULES CLIFFORD MIKLOS BRIAN REAVES RON STAPLETON JEANEI"I'E VIRGILIO Attest: AYES NAYS PASSED ABSENT V` v v 17 Approved by me this 9th day of January, 2006. JOHN IAZZA, Village 'resident CHARLENE SMOLLEN, Village Clerk Exhibit ^A" PARCEL 1: THAT PART OF THE EAST Y2 OF THE NORTHEAST 1/4 OF SECTION 23, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF SAID EAST 1/2 OF THE NORTHEAST 1/4, WHICH IS 700 FEET EAST OF THE NORTHWEST CORNER OF SAID EAST %2 OF THE NORTHEAST 1/4, THENCE EAST, ALONG SAID LINE, A DISTANCE OF 350 FEET; THENCE SOUTHERLY ALONG A LINE WHICH IS PARALLEL WITH THE WEST LINE OF SAID EAST 1/2 OF THE NORTHEAST 1/4 OR 709.45 FEET, TO THE CENTER OF ROAD (ARCHER AVENUE); THENCE SOUTHWESTWARDLY ALONG THE CENTER OF SAID ROAD FOR A DISTANCE OF 478.17 FEET, MORE OR LESS TO A POINT WHICH IS 700 FEET EAST OF THE WEST LINE OF SAID EAST '/2 OF THE NORTHEAST 1/4; THENCE NORTHERLY ON A LINE WHICH IS PARALLEL WITH THE SAID WEST LINE OF THE EAST 'A OF THE NORTHEAST 1/4 OF A DISTANCE OF 1,035.29 FEET; TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIIS. PARCEL 2 A: A PARCEL OF LAND IN THE EAST '/2 OF THE NORTHEAST 1/4 OF SECTION 23, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND DESCRIBED AS FOLLOWS: MEASURE ALONG THE NORTH SECTION LINE FROM THE NORTHWEST CORNER OF THE EAST '/2 OF THE NORTHEAST 1/4 OF SAID SECTION A DISTANCE OF 150 FEET TO THE PLACE OF BEGINNING; THENCE CONTINUE ALONG SAID SECTION LINE A DISTANCE OF 550 FEET; THENCE SOUTH ALONG A LINE PARALLEL WITH AND 700 FEET EAST OF THE WEST LINE OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION, 483 FEET; THENCE WEST PARALLEL WITH SAID NORTH LINE OF SECTION, 300 FEET; THENCE SOUTH PARALLEL WITH SAID WEST LINE OF EAST '/2 OF NORTHEAST 1/4 763.58 FEET TO THE NORTHWESTERLY RIGHT OF WAY, LINE OF ARCHER AVENUE, STATE AID ROUTE 4A); THENCE SOUTHWESTERLY ALONG SAID RIGHT OF WAY LINE 68.42 FEET TO A POINT ON A LINE 350 FEET EAST OF SAID WEST LINE OF EAST 1/2, NORTHEAST 1/4 OF SECTION 23, THENCE NORTH ON SAID LINE 810.28 FEET; THENCE WEST 200 FEET; THENCE NORTH 483 FEET TO THE POINT OF BEGINNING ALL IN COOK COUNTY, ILLINOIS. 4 PARCEL 2 B: A PARCEL OF LAND IN THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 23, TOWNSHIP 37 NORTH RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND DESCRIBED AS FOLLOWS: MEASURE ALONG THE NORTH SECTION LINE FROM THE NORTHWEST CORNER OF THE EAST'' /2 OF THE NORTHEAST 1/4 OF SAID SECTION, A DISTANCE OF 150 FEET THENCE SOUTH ALONG A LINE PARALLEL WITH AND 150 FEET EAST OF THE WEST LINE OF THE EAST '/2 OF THE NORTHEAST'' /4 OF SAID SECTION 483 FEET TO THE POINT OF BEGINNING, THENCE CONTINUING SOUTH ON SAID LINE 997.25 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF ARCHER AVENUE. (STATE AID ROUTE 4A); THENCE NORTHEASTERLY ALONG SAID RIGHT OF WAY 273.58 FEET; TO A LINE 350 FEET EAST OF SAID WEST LINE OF EAST 'A, NORTHEAST 1/4, THENCE NORTH ON SAID LINE 810.28 FEET, THENCE WEST 200.0 FEET TO THE POINT OF BEGINNING ALL IN COOK COUNTY, ILLINOIS. ILLINOIS. PARCEL 3: THAT PART TO THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 23, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, AS FOLLOWS: COMMENCING AT A POINT IN THE NORTH LINE OF SAID 1/4 SECTION 1, A POINT 700 FEET EAST OF THE NORTHWEST CORNER OF THE EAST''/ OF THE NORTHEAST 1/4 OF SAID SECTION, THENCE SOUTH ALONG A LINE PARALLEL WITH AND 700 FEET EAST OF THE WEST LINE OF THE EAST '/2 OF THE NORTHEAST' /4 OF SAID SECTION 483 FEET TO THE POINT OF BEGINNING, THENCE CONTINUING SOUTH 552.29 FEET TO THE CENTER OF A PUBLIC HIGHWAY KNOWN AS ARCHER AVENUE (STATE AID ROUTE 4A), THENCE SOUTHWESTERLY ALONG THE CENTERLINE OF THE PUBLIC ROAD, A DISTANCE OF 409.98 FEET, MORE OR LESS TO A POINT 400 FEET EAST OF THE WEST LINE OF THE EAST '/2 OF THE NORTHEAST'' /4 OF SAID SECTION, MEASURED AT RIGHT ANGLES TO SAID LINE THENCE NORTH ALONG SAID LINE 831.99 FEET TO A LINE 483 FEET SOUTH OF SAID NORTH LINE OF SECTION 23, THENCE EAST 300 FEET TO THE POINT OF BEGINNING, (EXCEPT THAT PART TAKEN FOR ARCHER AVENUE), ALL IN COOK COUNTY, ILLINOIS. PARCEL 4: THA EAST 2 ACRES OF LOT 3 (EXCEPT THE WEST 20 FEET) IN DOOLIN AND KIRK'S RESUBDIVISION OF THE EAST 404.7 FEET OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 AND OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT LOTS 1 TO 5 OF BOB'S SUBDIVISION OF PART THEREOF) IN COOK COUNTY, ILLINOIS, (EXCEPT PART TAKEN FOR 5 HIGHWAY PURPOSES IN CHICAGO - JOLIET ROAD) PARCEL 5: LOT 5 (EXCEPT THE EAST 101.91 FEET THEREOF) IN CHRISTIAN BOE'S SUBDIVISION IN THE SOUTHEAST PART OF THE SOUTHEAST 'A OF SECTION 14, TOWNSHOP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THAT PART TAKEN FOR HIGHWAY PURPOSES IN CHICAGO - JOLIET ROAD) IN COOK COUNTY, ILLINOIS. The parcel numbers are: 22 -14- 402 - 003 -0000 22 -14- 402 - 013 -0000 22 -23- 203 - 003 -0000 22 -23- 203 - 004 -0000 22 -23- 203- 008 -0000 6