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O-19-07 02/26/2007VILLAGE OF LEMONT ORDINANCE NO.(9-/ j— ,7 AN ORDINANCE GRANTING A VARIATION TO ALLOW A FENCE EXTEND PAST THE BUILDING LINE ON A CORNER LOT (502 Singer Avenue) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 26TH DAY OF FEBRUARY, 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 26th day of February, 2007. ORDINANCE NO. 0"-- / -0 7 AN ORDINANCE GRANTING A VARIATION TO ALLOW A FENCE EXTEND PAST THE BUILDING LINE ON A CORNER LOT (502 Singer Avenue) WHEREAS, Eric and Katie Brousseau, hereinafter referred to as "the Petitioner," are the owners of 502 Singer 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, §XIV.E.2, to allow a fence to extend approximately 25 feet past the building line on a corner lot with a side yard abutting a street, pursuant to §XVIII.I of the Lemont Zoning Ordinance; and WHEREAS, the Planning and Zoning Commission of the Village of Lemont, Illinois (the "Village ") did heretofore commence and conduct a Public Hearing on February 20, 2007 for approval of the variation and voted 4 -0 with three absent to 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, §XIV.E.2, to allow a fence to extend approximately 25 feet past the building line on a corner lot with a side yard abutting a street. 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. The fence location shall be consistent with Exhibit C. 3. The picket fence along the side and front of the home shall have a height no greater than three feet. Along the west (back) property line the fence shall be a three foot picket fence from the north property line to the building line of the home to the west. Then the fence will transition to the privacy fence along the back of the property which shall be no greater than six feet in height. 4. Any additional conditions issued by the Historic Preservation Commission shall be followed. 5. 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 266 DAY OF FEBRUARY, 2006. DEBBY BLATZER PETER COULES CLIFFORD MIKLOS BRIAN REAVES RON STAPLETON JEANE F1'h VIRGILIO AYES NAYS PASSED ABSENT ✓ Approved by me this 26th day of February, 2007. Attest: CHARLENE SMOLLEN, Village Clerk Exhibit A LOT 10 EXCEPT FOR THE WEST FORTY -EIGHT (48) FEET THEREOF IN BLOCK TWO IN NORTON AND WARNER'S SUBDIVISION OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THE SOUTH 30 FEET THEREOF HERETOFORE DEDICATED FOR THE NORTH HALF EUREKA AVENUE) IN COOK COUNTY, ILLINOIS EXHIBIT B PLANNING AND ZONING COMMISSION FINDINGS OF FACT RE: Case 27.07 — 502 Singer Avenue — Fence Location Variation The Planning and Zoning Commission recommends the application be granted. Specifically, the Commission recommends that a variation be granted that would permit a fence to be installed 2- feet past the Division Street building line. In support of the recommendation the Planning and Zoning Commission has made the following findings with respect to the application for a variation: Standard 1: The petitioner is affected by unique circumstances which create a hardship justifying relief from the provisions of this section, or if the variation request is essential in maintaining the character of the property. Finding: The home is located on a 60 foot wide lot. However, the location of the home on the lot is not a central location. The building line of the home is 30 -feet from Division Street. If the home were to be torn down and rebuilt, the petitioner could build the house so the building line is 11.5 feet from the Division Street property line. Also, sometime in the past the lot was split by tax division to create two parcels. All the other lots on Singer Avenue have a depth of 142 -feet; this lot has a depth of 94 feet. Instead of having a backyard that is 74.9 -feet the backyard area is 26.9 -feet. Standard 2: The variation will be in harmony with the general purpose and intent of this Ordinance. Finding: In my opinion, the reason fences are not allowed into the front yard of homes, or the two front yards of corner Tots is to avoid the disruption of the view of the established building setbacks. The intent of the ordinance is to keep a clean site line down the row of homes. In this case, the home that is built in the "backyard" of the subject property is setback from Division Street approximately nine feet. The home on the subject property is setback from Division Street approximately 30 -feet. Add to that the fact the subject property is on a hill and I feel the proposed fence variation will not disrupt the view down Division Street. Standard 3: The variation will not set any unfavorable precedent either to the locality or to the Village as a whole. Finding: The Village will continue to examine each variation request on its own merit. This will not set a precedent. Standard 4: The variation will be the minimum necessary to afford relief to the petitioner. Finding: The petitioner would like to have a safe area for their child to play. The safest way to put the fence in would to allow it to go to the property line and eliminate the possibility of someone getting between the fence and the property line, and then tumbling down the slope into Division Street. Standard 5: The variation will not adversely affect the public safety and general welfare. Finding: There is no sidewalk along Division Street, so there is no possibility of someone walking, running, skateboarding or biking into the fence. Accordingly, by a vote of 1// l , the Planning and Zoning Commission recommends that the proposed variation be granted. Very truly yours, VILLAGE OF LEMONT PLANNING AND ZONING COMMISSION By E Chairman LINK FENCE IS 1.8' ST OF LOT LINE :HAIN LINK FENCE JS ALONG LOT LINE 7 IRON STAKE T LOT CORNER 0 0 1 b I'UIiL!U ALLI_Y 59.93' 0 Wexres 0 0 od 30.0' f'?nce_ c ca.s:eci (,Ades SET IRON STAKE AT LOT CORNER WOOD SH D \IN LINK FENCE IS 1.3' EAST OF LOT LINE IRON STAKE 0.21' & 0.36' NORTH LOT CORNER 7.5' WOOD /DECK /// 22.4' in TWO STORY y. FRAME RESIDENCE 't # 502 0 22.4' 0 't:CONCRET WOOD U Z 0 60. 2 LK CURB-) JOHN KLUNK SINGER A VENUE AREA OF SURVEY = 5639 SQ.FT. DIVISION FOUND IRON STAKI AT LOT CORNER EXHIBIT C