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O-03-07 01/08/2007VILLAGE OF LEMONT ORDINANCE NO. . /,'-' 6)7 AN ORDINANCE APPROVING LANDSCAPE AND SETBACK VARIATIONS WITH A SPECIAL USE TO ALLOW AN OUTDOOR CAFE AND DINING AREA AT 1131 STATE STREET (Lemont Carousel) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 8th 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 8th day of January, 2007. ORDINANCE NO. AN ORDINANCE APPROVING LANDSCAPE AND SETBACK VARIATIONS WITH A SPECIAL USE TO ALLOW AN OUTDOOR CAFE AND DINING AREA AT 1131 STATE STREET (1131 State Street) WHEREAS, Frank Urchota, hereinafter referred to as "the Petitioner," is the owner of a .88 acre parcel, hereinafter referred to as "the subject property," located at 1131 State Street in Lemont, Illinois and legally described in Exhibit "A"; and WHEREAS, the Petitioner is seeking relief from the Lemont Zoning Ordinance to reduce the minimum front yard setback, reduce the minimum rear yard setback, reduce the minimum parking lot perimeter landscaping, reduced building perimeter landscaping and a special use to allow an outdoor cafe and dining area in the B -3 Arterial Commercial District; and WHEREAS, the Planning and Zoning Committee of the Village of Lemont, Illinois did heretofore commence and conduct a Public Hearing on August 1, 2006 for zoning variations and special use for an outdoor cafe and dining area in the B -3 Arterial Commercial Business District, recommending approval of the variations and special use; 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, approval of the relief requested will enable the petitioner to obtain a reasonable return from the property for a project that will replace an existing non - conforming building and parking lot, with a building and parking lot that more nearly conform to the current regulations and standards of Lemont Zoning Ordinance; 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: A variation is granted to allow for reduced building perimeter landscaping pursuant to § XIII G of the Lemont Zoning Ordinance. Section 2: A variation is granted to reduce the required perimeter landscape adjacent to residential property from 15 feet to 3 feet pursuant to § XIII.F of the Lemont Zoning Ordinance. Section 3: A variation is granted to reduce the minimum front yard setback from a required 40 foot setback to 10 feet pursuant to § XIII.E.6. of the Lemont Zoning Ordinance. Section 4: A variation is granted to reduce the minimum rear yard setback from a required 40 foot setback abutting a residential property to 30 feet pursuant to § VII.E.6 of the Lemont Zoning Ordinance. Section 5: A variation is granted to reduce the required parking lot perimeter landscaping from 15 feet to 4.5 feet abutting a residential district pursuant to § VIII.F of the Lemont Zoning Ordinance. Section 6: A variation is granted to allow for no parking lot perimeter landscaping from a required 10 feet abutting a business district pursuant to § XIII.F of the Lemont Zoning Ordinance. Section 7: The variations shall expire after one year from the date of Village Board approval if at that time the petitioner has not yet applied for and received a building permit. Section 8: A special use permit is granted to allow an outdoor dining and cafe area. The Special Use permit shall be in accordance with the following restrictions: • Outdoor seating shall be non - disruptive to the neighboring community; and • The service of alcohol in the outdoor seating area shall be incidental to the service of food, and shall be sold only to patrons who order a meal; and • The sale of alcohol in the outdoor seating area shall be restricted to those hours when food service is available, but shall not be before 11:00 a.m. and shall not continue past 11:00 p.m.; and • Service of alcohol in the outdoor seating area shall be provided at tables only and not be made directly from a bar or service counter, but rather shall be made by waiters or waitresses in the same manner as service is made to tables in a restaurant; and • There shall be no display of alcohol - related signage in the outdoor seating area; and • Live outdoor entertainment shall not be allowed, unless a special event permit is issued by the Village for such; and • The special use shall be reassessed by the Village within two years of the date of issuance of a certificate of occupancy for the cafe /outdoor dining area. If the Village Board determines at such a time, that usage of the cafe /outdoor dining area has been disruptive to the neighboring community, they shall have the right to modify and/or reduce the seating capacity, months of use, and /or hours of operation of the cafe /dining area; and • A special use shall lapse in the event of the following: 1. A complete building permit application has not been received by the Village for such construction, installation, or relocation within one year after the effective date of the ordinance granting said special use; or 2. A building permit has been issued within one year of the effective date of the special use, but such construction, installation or relocation has not commenced within one year after the issuance of the building permit. 3. 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. Section 9: Exhibits: Development shall substantially conform to the exhibits in this section. The following exhibits shall be made part of this ordinance: A. Legal Description B. Building Color Elevations, dated 8 -1 -06 C. Carousel Site Plan, dated 8 -21 -06 D. Building Material Elevations, dated 8 -21 -06 PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE AND WILL, ILLINOIS, ON THIS 8th DAY OF JANUARY, 2007. AYES NAYS PASSED ABSENT Debby Blatzer Peter Coules Clifford Miklos v Brian Reaves 1/ Ron Stapleton 1/ Jeanette Virgilio Attest: CHARLENE SMOLLEN, Village Clerk v JO N F. PIA ge President Exhibit "A" LEGAL DESCRIPTION The subject property is generally located at 1131 State Street and is legally described as follows: THAT PART OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 29 THAT IS 25.0 FEET SOUTH OF THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 29, THENCE RUNNING SOUTHERLY ON THE WEST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 29, A DISTANCE OF 238.55 FEET, THENCE EASTERLY PARALLEL WITH THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 29, A SECTION OF 160.00 FEET; THENCE NORTHERLY PARALLEL WITH THE WEST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 29, A DISTANCE OF 238.55 FEET, THENCE WESTERLY PARALLEL AND 25 FEET SOUTH OF THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 29, A DISTANCE OF 160.00 FEET TO THE POINT OF BEGINNING IN COOK COUNTY, ILLINOIS. 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