O-41-07 06/11/2007VILLAGE OF LEMONT
ORDINANCE NO. %) - 41-67
AN ORDINANCE GRANTING A VARIATION TO INCREASE THE MAXIMUM
HEIGHT FOR A SINGLE FAMILY HOME FROM THIRTY FIVE FEET (35') TO
THIRTY -EIGHT FEET (38')
(53 Deer Lane)
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 11TH 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 11th day of
June, 2007.
ORDINANCE NO.0 - Y6 . C' 7
AN ORDINANCE GRANTING A VARIATION TO INCREASE THE MAXIMUM HEIGHT FOR
A SINGLE FAMILY HOME FROM THIRTY FIVE FEET (35') TO THIRTY -EIGHT FEET (38')
(53 Deer Lane)
WHEREAS, Manus McClafferty, hereinafter referred to as "the Petitioner," is the owner of 53
Deer Lane, hereinafter referred to as "the subject property," and legally described in Exhibit "A"; and
WHEREAS, the Petitioners are seeking a variation to the Lemont Zoning Ordinance to increase
the maximum height for a single family home from thirty-five feet (35') to thirty-eight feet (38') to build
a new house; and
WHEREAS, the requested variation is one of less than 10% of the maximum building height for
the construction of a single family residence, pursuant to Lemont Zoning Ordinance, Sections VII.D and
XVIII.L4.a.(5); and
WHEREAS, a variation of less than ten percent (10 %) may be heard by the Zoning Officer of the
Village of Lemont rather than the Planning and Zoning Commission; and
WHEREAS, the Zoning Officer of the Village of Lemont, Illinois (the "Village ") did heretofore
commence and conduct a Public Hearing on May 1, 2007 and subsequently recommended approval of the
variation, citing the finding of facts attached at Exhibit B; 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 President and Board of Trustees of the Village has reviewed the matter herein
and has determined that the same is in the best interest of the Village of Lemont, and herein adopts the
finding of facts as set forth by the Zoning Officer.
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: Variation. A variation is granted from the Lemont Zoning Ordinance, §VILD and
XVIII.I.R.a (5) to allow an increase in the maximum height for a single family home from thirty-five feet
(35') to thirty-eight feet (38') to build a new house.
SECTION 2: Condition of Approval. The above variation shall be approved subject to the
following condition:
1. That all the requirements of the Lemont Zoning Ordinance and Lemont Building Codes shall
be applicable except as varied as set forth in SECTION ONE above.
2. That the variation granted by this ordinance shall be null and void and of no force and effect
whatsoever unless an application for a . building permit pursuant to such variation is made and
construction commenced within one year of the date this said Ordinance becomes effective.
SECTION 3: That the Village Clerk of the Village of Lemont is directed hereby to publish this
Ordinance in pamphlet form, pursuant to the Statutes of the State of Illinois, made and provided.
SECTION 4: That this Ordinance shall be in full force and effect from and after its passage,
approval and publication, provided by law.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE AND WILL, ILLINOIS, ON
THIS 11th DAY OF JUNE, 2007.
AYES NAYS ABSENT ABSTAIN
DEBBY BLATZER V
PETER COULES (/
CLIFFORD MIKLOS V
BRIAN REAVES 1/
RON STAPLETON
JEANETTE VIRGILIO
Approved by me this 11th day of June, 2007.
411 41 a
JOHN ^. PIAZZA, illa:e Presi ' - .97
Attest:
61L
CHARLENE SMOLLEN, Village Clerk
3
Exhibit A
LOT 13 IN SOUTH POINTE SUBDIVISION OF PART OF SECTION 31, TOWNSHIP 37
NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK
COUNTY, ILLINOIS
4
Exhibit "B"
53 Deer Lane
Case #27.16
Zoning Officer Hearing
Findings of Fact
1. The house is in character with all others in the area. This will not alter the character in
any sense.
2. The site topography is extremely varied. There is a stream through the property and a
substantial drop -off from the house to the stream, making it very difficult if not
impossible to do a typical subdivision home on the lot.
3. The petitioner has agreed to pursue other options such as landscaping and retaining
walls to ensure a minimum impact of the height of the left side of the house.
5