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O-28-07 04/23/2007VILLAGE OF LEMONT ORDINANCE NO. 0 -( • v7 AN ORDINANCE GRANTING A SPECIAL USE FOR AN ELECTRONIC CHANGEABLE COPY SIGN AND APPROVING A VARIATION TO ALLOW AN ELECTRONIC MESSAGE CENTER WITHIN FIVE THOUSAND FEET OF ANOTHER ELECTRONIC MESSAGE CENTER AT 1015 STATE STREET (The Original Vito and Nick's) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 23`h DAY OF APRIL, 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 23rd day of April, 2007. ORDINANCE NOd- aR'-O? AN ORDINANCE GRANTING A SPECIAL USE FOR AN ELECTRONIC CHANGEABLE COPY SIGN AND APPROVING A VARIATION TO ALLOW AN ELECTRONIC MESSAGE CENTER WITHIN FIVE THOUSAND FEET OF ANOTHER ELECTRONIC MESSAGE CENTER AT 1015 STATE STREET (The Original Vito and Nick's) WHEREAS, Rosemary George, hereinafter referred to as "the Petitioner," is the owner of a .88 acre parcel, hereinafter referred to as "the subject property," located at 1015 State Street in Lemont, Illinois and legally described in Exhibit "A "; and WHEREAS, the petitioner is seeking a special use to allow an electronic changeable copy sign, pursuant to § XV.E.7 and § XVIII.J of the Lemont Zoning Ordinance; and WHEREAS, the petitioner is seeking a variation from the Lemont Zoning Ordinance to allow an electronic changeable copy sign within five thousand feet of an electronic message center on another zoning lot, pursuant to § XV.E.7 and § XVIII.I of the Lemont Zoning Ordinance; and WHEREAS, The Planning & Zoning Committee of the Village of Lemont, Illinois did heretofore commence and conduct a public hearing on April 3, 2007 for approval of the special use and variation; and WHEREAS, The Planning & Zoning Committee of the Village of Lemont, Illinois voted to recommend approval of the special use and variation by a 4 -2 majority vote, with findings of fact included; and WHEREAS, a notice of the aforesaid Public Hearing was made in the manner provided by law and was published in 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 variations and special use permits 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. Special Use: A special use is approved to allow an electronic changeable copy sign, pursuant to § XV.E.7 and § XVIII.J of the Lemont Zoning Ordinance; Section 2. Variation: A variation is approved to allow an electronic changeable copy sign within five thousand feet of an electronic message center on another zoning lot, pursuant to § XV.E.7.e and § XVIII.I of the Lemont Zoning Ordinance Section 3. Condition of Approval: A special use and variation for an electronic message center at 1015 State Street shall be approved subject to the following conditions: • The monument sign and electronic message portion shall conform to all requirements set forth in the Lemont Zoning Ordinance. • The electronic message center shall not scroll, flash, or change instantly. Said sign will not change copy more than once every two seconds. • An electrical inspection shall be conducted on the LED portion of the sign and shall conform to Village standards. • A special use shall lapse in the event of the following: 1. The requirements of this ordinance are not met. 2. In the event a special use lapses, nothing herein shall prohibit any person from applying for the same special use or a new special use on substantially the same terms. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE AND WILL, ILLINOIS, ON THIS 23rd DAY OF April, 2007. AYES NAYS PASSED ABSENT Debby Blatzer Peter Coules Clifford Miklos Brian Reaves Ron Stapleton Jeanette Virgilio Attest: V CHARLENE SMOLLEN, Village Clerk Exhibit "A" LEGAL DESCRIPTION The subject property is located at 1015 State Street in Lemont, Illinois, and is legally described as follows: Parcel 1 PIN: 22 -29- 400 - 016 -0000; Parcel 2 PIN: 22 -29- 400 - 021 -000 Parcel 1: A PART OF THE NORTHWEST ¼ OF THE SOUTHEAST Y OF SECTION 29, TOWNSHIP 73 NORTH, RANGE 1 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF THE SAID SOUTHEAST Y, 492 FEET SOUTHERLY OF THE NORTHWEST CORNER OF SAID SOUTHEAST' ; THENCE SOUTHERLY ALONG THE WEST LINE OF THE SAID SOUTHEAST'/ 474 FEET TO A CROSS IN A CONCRETE PAVEMENT; THENCE EASTERLY AT AN ANGLE OF 89 DEGREES 50 MINUTES WITH THE LAST DESCRIBED LINE 270 FEET TO AN IRON PIPE; THENCE NORTHERLY PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST %, 474 FEET TO AN IRON PIPE; THENCE WESTERLY 270 FEET TO THE POINT OF BEGINNING EXCERPTING FROM THE AFOREMENTIONED TRACT THE SOUTH 66 FEET THEREOF, ON COOK COUNTY, ILLINOIS. PARCEL 2: THE EAST 50 FEET OF THE WEST 320 FEET OF THE NORTH 370.65 FEET OF THE NORTHWEST'/ OF THE SOUTHEAST'/ RANGE OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.