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O-11-07 01/22/2007VILLAGE OF LEMONT ORDINANCE NO. OW-07 AN ORDINANCE GRANTING VARIATIONS TO REDUCE THE MINIMUM LOT WIDTH FROM 90' TO 50' AND THE MINIMUM LOT SIZE FROM 12,500 SQUARE FEET TO 7,000 SQUARE FEET AT 11 E. CUSTER STREET IN LEMONT, ILLINOIS (Lichlyter Subdivision) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 22ND DAY OF JANUARY, 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 22nd day of January, 2007 ORDINANCE NO. AN ORDINANCE GRANTING VARIATIONS TO REDUCE THE MINIMUM LOT WIDTH FROM 90' TO 50', AND THE MINIMUM LOT SIZE FROM 12,500 SQUARE FEET TO 7,000 SQUARE FEET AT 11 E. CUSTER STREET IN LEMONT, ILLINOIS (Lichlyter's Subdivision) WHEREAS, Gary Lichlyter, hereinafter referred to as "the Petitioner," is the owner of a 14,000 square foot parcel, hereinafter referred to as "the subject property," located at 11 E. Custer Street in Lemont, Illinois and legally described in Exhibit "A "; and WHEREAS, the applicant is seeking a variation to reduce the minimum lot width from 90' to 50' pursuant to §VII.E.4.f. of the Lemont Zoning Ordinance, and a variation to the minimum lot size from 12,500 square feet to 7,000 square feet, pursuant to §VII.E.3.f. of the Lemont Zoning Ordinance to create two separate lots; and WHEREAS, the Zoning Board of Appeals of the Village of Lemont, Illinois (the "Village ") did heretofore commence and conduct a Public Hearing on Tuesday, March 7, 2006 for approval of a Final Plat of Subdivision and Variations in the manner and the form as prescribed by Ordinance and Statute; and WHEREAS, as a result of said hearing, the taking of evidence and testimony, and the viewing of exhibits, the Zoning Board of Appeals voted 5 -0 not to recommend approval of the petitioner's request; and WHEREAS, the President and Board of Trustees of the Village have considered the recommendation as submitted by the Zoning Board of Appeals; and WHEREAS, the President and Board of Trustees of the Village find that: 1. The variations will not alter the essential character of the surrounding area because a majority of lots in the locality are 50 feet wide and the proposed houses are, in style and size, of the same general character as existing houses; and 2. The existing house holds no particular historic value, differs in style and time of construction than most houses in the area, and that a higher and best use of the property can be obtained through the granting of the variations; and 3. The variations, attendant subdivision, and houses planned for the lots are consistent with the Village of Lemont Comprehensive Plan's recognition that "there is a need to revitalize some areas that are 2 obsolete in one or more respects" including building quality; and 4. The variations, attendant subdivision, and houses planned for the lots are consistent with Village of Lemont Comprehensive Plan's recommendation that house styles characteristic of pre -1930s architecture are preserved and that infill houses should remain compatible with such architecture 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: Lot Width Variation. A variation is granted to reduce the required lot width from 90' to 50', pursuant to §VII.E.4.f. of the Lemont Zoning Ordinance; and Section 2: Lot Size Variation. A variation is granted to reduce the required lot size from 12,500' to 7,000', pursuant to §VII.E.3.f. of the Lemont Zoning Ordinance; and Section 3: Conditions of Approval. The above variations shall be approved subject to the following conditions: a. The homes constructed will be consistent with the elevations attached as Exhibit `B "; b. The homes constructed will be consistent with the Zoning Ordinance and Building Code at the time of building permit application; c. A Tree Preservation Plan shall be submitted for review and approved by the Community Development Department; and d. Prior to Final Plat approval, impact fees are due for the creation of one additional lot. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE AND WILL, ILLINOIS, ON THIS 22nd day of January, 2007. AYES NAYS ABTAIN ABSENT DEBBY BLATZER v PETER COULES ✓ CLIFFORD MIKLOS if BRIAN REAVES RON STAPLETON l! JEANETTE VIRGILIO t/ 3 Attest: Approved by me this 22nd day of January, 2007. JOH F. PIAZZA, ill President C ARLENE SMO LEN, Village Clerk 4 Exhibit "A" The subject property, of 14,000 square feet, is generally located at 11 E. Custer Avenue in Lemont, Illinois and is legally described as follows: LOT 6 IN BLOCK 2 IN PARK ADDITION TO VILLAGE OF LEMONT, BEING A PART OF LOTS 16 AND 28 IN COUNTY CLERK'S DIVISION OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PIN 22 -29 -101 -008