O-47-07 06/25/2007VILLAGE OF LEA4ONT
ORDINANCE NO. U (/ 7-07
AN ORDINANCE GRANTING A ZONING MAP AMENDMENT AND REZONING
FROM LEMONT R -6 (MULTI - FAMILY RESIDENCE DISTRICT) TO LEMONT DD
(DOWNTOWN DISTRICT) FOR PROPERTY LOCATED AT 400 ILLINOIS STREET
IN LEMONT, ILLINOIS
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 25th DAY OF JUNE, 2007
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 251h
day of June, 2007.
ORDINANCE NO. D 117 -o7
AN ORDINANCE GRANTING A ZONING MAP AMENDMENT AND REZONING
FROM LEMONT R -6 (MULTI - FAMILY RESIDENCE DISTRICT) TO LEMONT DD
(DOWNTOWN DISTRICT) FOR PROPERTY LOCATED AT 400 ILLINOIS STREET
IN LEMONT, ILLINOIS
WHEREAS, Berkshire J. Bohne, hereinafter referred to as the PETITIONER, is the
owner of a 2,250 square foot parcel, hereinafter referred to as the SUBJECT PROPERTY, PIN
22 -20- 428 -001 and located at 400 Illinois Street, in Lemont, Illinois; said parcel is legally
described in Exhibit A and depicted on Exhibit B attached to this Ordinance; and
WHEREAS, the Petitioners made application under the provisions of the Lemont Zoning
Ordinance for a zoning map amendment and rezoning of the SUBJECT PROPERTY from
Lemont R -6 Zoning (Multi Family Residence District) to DD Zoning (Downtown District); 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 Planning & Zoning Commission of the Village of Lemont, Illinois, in
accordance with said Zoning Ordinance, conducted a Public Hearing on the petition on June 5,
2007, made findings relevant to the application, attached as Exhibit C and has recommended
approval of said zoning map amendment and rezoning by a vote of 5 -0 with two members
absent; and
WHEREAS, the President and Board of Trustees of the Village of Lemont have received
the recommendation and the findings of the Planning and Zoning Commission made relative to
the application and have reviewed said recommendation and findings;
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of
the Village of Lemont, as follows
Section One: That based on the findings, the zoning map amendment and rezoning of
the SUBJECT PROPERTY described in Exhibit A and depicted on Exhibit B attached hereto, is
hereby granted, changing the existing zoning from Lemont R -6 Zoning (Multi Family Residence
District) to DD Zoning (Downtown District).
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 25th day of June, 2007.
AYES NAYS PASSED ABSENT
Debby Blatzer
Peter Coules
Clifford Miklos
Brian Reaves
Ron Stapleton
Jeanette Virgilio
Att t:
v
v
v
JOHN . PIAZZA, Villa
CHARLENE M. SMOLLEN, Village Clerk
ent
Exhibit A
The subject property is located at 400 Illinois Street and is legally described as follows:
LOT 6 IN BLOCK 5 OF TRUESDALE'S ADDITION TO ATHENS, BEING A SUBDIVISION
OF SECTION 20, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 22 -20 -428 -001
Exhibit B
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Exhibit C
PLANNING AND ZONING COMMISSION FINDINGS
1. Surrounding Use and Zoning. The Illinois Supreme Court has said that the primary
consideration is whether the property is zoned in conformity with surrounding existing uses and
whether those uses are uniform and established.
The proposed zoning is in conformity with what exists on the property and the surrounding
properties.
2. Effect on Property Value and Public Welfare. The fact that rezoning will diminish the property's
value, or the value of nearby property, or that the property would be more valuable if re -zoned
occurred, may be considered but does not by itself determine the validity of the zoning. And if
there is some benefit to the public, diminution in the value of property, or the inability to use it as
proposed, may be acceptable.
The rezoning of the property will not harm property values. Leaving the building abandoned and
underutilized will affect the property values more.
3. Suitability. If the property cannot physically or economically be used for its zoned purpose, the
validity of the zoning will be jeopardized.
The rezoning is suitable for the proposed use.
4. Time Vacant. The issue here is whether the property is vacant due to the zoning classification.
If so, the zoning may be improper. But length of vacancy must be evaluated in the context of
efforts to develop it and development in surrounding areas.
Within the last two years the building has been used as a residential dwelling as there were
dwelling units on the second floor.
5. Public Need. Whether there is a public need for the proposed use is a relevant consideration.
Public need is hard to gauge. However, turning a run down piece of property into one that can be
used for residential or commercial use would be a benefit.
6. Thoroughness of Planning & Zoning. If the municipality has carefully studied the community,
planned and zoned for development and land use, the current zoning is more likely to be upheld
than if no thought has been given to the zoning process.
When the DD, Downtown District was created it was done over an eight month process. The
Comprehensive Plan was done in 2002 and the Zoning Ordinance is undergoing a review and
rewrite at this time. These actions indicate the thoroughness of Planning and Zoning in Lemont.