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O-36-07 05/29/2007VILLAGE OF LE ONT ORDINANCE NO. 0-.36, 07 AN ORDINANCE GRANTING A VARIATION OF THE MINIMUM SETBACK ALLOWANCE FROM THIRTY FEET (30') TO TWENTY -FIVE FEET (25') (1230 Acorn Street) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 29TH DAY OF MAY, 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 29th day of May, 2007. ORDINANCE NO. 0.3(, AN ORDINANCE GRANTING A VARIATION TO ALLOW THE MINIMUM SETBACK ALLOWANCE FROM THIRTY FEET (30') TO TWENTY -FIVE FEET (25') (1230 Acorn Street) WHEREAS, James L. Wood, hereinafter referred to as "the Petitioner," is the owner of 1230 Acorn Street in Lemont, 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, §XVIII.I to allow a variation from the minimum rear lot line of thirty feet to twenty -five feet in order to install an indoor swimming pool; and WHEREAS, the Administrative Hearing Officer of the Village of Lemont, Illinois did heretofore commence and conduct a Public Hearing on May 1, 2007 for approval of the variation and indicated he would recommend approval with the finding of facts attached as Exhibit B; 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 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 Planning and Zoning Commission. 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, §XVIII.I, to allow a minimum rear lot line of twenty -five feet instead of thirty feet to allow for the construction of an indoor swimming pool with a handicap- accessible bathroom. SECTION 2: Conditions of Approval. The above variation shall be approved subject to the following conditions: 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; and 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 be and 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 29th DAY OF MAY, 2007. DEBBY BLATZER PETER COULES CLIFFORD MIKLOS BRIAN REAVES RON STAPLETON JEANETTE VIRGILIO Attest: AYES NAYS ABSENT ABSTAIN V V / V Approved by me this 29th day of May, 2007. JOHN F. PI ZA, Village Pre ident CHARLENE SMOLLEN, Village Clerk "EXHIBIT A" LOT 76 IN EAGLE CREST ESTATES, UNIT NO. 2 SUBDIVISION OF PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 32, IN TOWNSHIP 37 NORTH, IN RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, LEMONT TOWNSHIP, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT NO. R90- 474075 IN COOK COUNTY, ILLINOIS. PIN 22 -32- 112 - 008 -0000. "EXHIBIT B" ADMINISTRATIVE HEARING SUMMARY 1230 ACORN STREET MAY 1, 2007 FINDINGS OF FACT: 1. The variation, if granted, would be in harmony with the general purpose and intent of the Zoning Ordinance. 2. The owner has several unique circumstances which contribute to his plight: The proposed placement of the indoor swimming pool is intended to preserve three mature oak trees on site. A five -foot reduction in the required setback is necessary to accommodate the standard width of the pool and allow room for (I) a handicap - accessible washroom for a family member; and (2) adequate room between the current exterior wall of the house and the edge of the pool. 3. The subject property is one of the largest lots within the Eagle Crest subdivision. The addition of the enclosed pool will not alter the essential character of the area and will not substantially reduce the sense of open space in the rear yard and in the rear yards of adjacent properties.