O-15-07 02/26/2007VILLAGE OF LE 4O�NT
ORDINANCE NO. -1- -L 7
AN ORDINANCE GRANTING A VARIATION TO THE LEMONT ZONING
ORDINANCE, §XII.D.11.d TO REDUCE THE STACKING REQUIREMENT FROM
FIFTEEN SPACES TO SIX.
(Jewel -Osco)
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 -157-7
AN ORDINANCE GRANTING A VARIATION TO THE LEMONT ZONING
ORDINANCE, §XII.D.11.d TO REDUCE THE STACKING REQUIREMENT
FROM FIFTEEN SPACES TO SIX.
(Jewel -Osco)
WHEREAS, ASP Realty, Inc., hereinafter referred to as "the Petitioner," is the
owners of 1202 State Street, hereinafter referred to as "the subject property," and legally
described in Exhibit A; and
WHEREAS, the applicant is seeking a variation from the Lemont Zoning
Ordinance, §XII.D.11.d to reduce the stacking requirement from fifteen spaces to six,
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 6, 2007 for approval of the variation and voted 5 -0, with one abstention and one
absent to recommend approval of the variation with the finding of facts 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 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 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 to car stacking requirement: A variation is granted
from the Lemont Zoning Ordinance, §XII.D.11.d to reduce the car stacking requirement
for a drive - through from fifteen stacking spaces to six stacking spaces.
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 drive - through layout shall be consistent with Exhibit C.
3. The elevation of the drive - through shall be consistent with Exhibit D.
4. The landscaping for the drive - through shall be consistent with Exhibit E.
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 26th DAY OF FEBRUARY, 2007.
DEBBY BLATZER
PETER COULES
CLIFFORD MIKLOS
BRIAN REAVES
RON STAPLETON
JEANETTE VIRGILIO
Attest:
AYES NAYS PASSED ABSENT
V
✓"
Approved by me this 26th day of February, 2007.
JOHN PIAZZA, Vi lage 'r sident
CHARLENE SMOLLEN, Village Clerk
Exhibit A
LOTS 1, 5, 6 AND 7 IN ASPI, A RE- SUBDIVISION OF OUTLOT `B"
(EXCEPTING THEREFROM THE SOUTHERLY 150 FEET AS
MEASURED ALONG THE WESTERLY LINE), OUTLOT "C"
(EXCEPTING THEREFROM THAT PART CONVEYED TO THE
STATE OF ILLINOIS BY DOCUMENT NO. 93701695) AND LOTS 32,
33, 34, 35 AND 36, INCLUSIVE IN EMERALD ACRES, A
SUBDIVISION OF PART OF LOT 17, 18 AND 20, IN COUNTY
CLERK'S DIVISION OF SECTION 32, TOWNSHIP 37 NORTH,
RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
LEMONT TOWNSHIP, IN COOK COUNTY, ILLINOIS.
Exhibit B
Planning and Zoning Commission Findings On The Standards For Variations
(1) Harmonious with the Zoning Ordinance Standard: The variation is in harmony with the
general purpose and intent of the Zoning Ordinance.
Finding: Drive - through windows are allowed in the B -3 zoning district, with the condition that
enough car stacking be provided for 15 cars. This 15 car requirement is in place to assure that vehicles
waiting to get to the drive - through window are out of the way of other traffic. The six spaces being
proposed for the pharmacy drive - through window is adequate to perform this task. The plan was
reviewed by the Lemont Police Department and the Lemont Fire Protection District and they had no
concerns with the variation.
(2) Unique Circumstances Standard: The plight of the owner is due to unique circumstances and
thus strict enforcement of the Zoning Ordinance would result in practical difficulties or impose
exceptional hardships due to the special and unusual conditions that are not generally found on other
properties in the same zoning district.
Finding: The Jewel -Osco was built in the mid- 1990's without a drive -thru. They could, by right, add
a drive - through to their building as long as it had room for 15 cars to be stacked. However, since the
shopping center is built and the location of the pharmacy inside the building is established it would
take a rearranging of the interior of the store, or of the parking lot, to create room for 15 cars to be
stacked. Also, the requirement of stacking for 15 cars is most likely in excess of any actual demand.
The Planning and Zoning Commission found that these are a combination of circumstances that are
unique to this site.
(3) Essential Character Standard: The variation will not alter the essential character of the locality
and will not be a substantial determent to adjacent property.
Finding: The reducing of the number of spaces required for stacking cars will not alter the essential
character of the locality or be a detriment to adjacent property. In fact, strict enforcement of the
stacking requirement would have more of an impact on the character of the area. Landscaping will
help screen the neighboring properties.
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