O-99-07 11/26/2007VILLAGE OF LEMO
ORDINANCE NO0 -D%
AN ORDINANCE GRANTING A VARIATION TO ALLOW A REDUCED REAR YARD
SETBACK FROM THIRTY FEET TO TWENTY -EIGHT FEET
(36 Ruffled Feathers Drive)
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 26TH DAY OF NOVEMBER, 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
November, 2007.
ORDINANCE NO.
AN ORDINANCE GRANTING A VARIATION TO ALLOW A REDUCED REAR
YARD SETBACK FROM THIRTY FEET TO TWENTY -EIGHT FEET
(36 Ruffled Feathers Drive)
WHEREAS, Judy Ferraro and Mike Gruber, hereinafter referred to as "the
Petitioner," are the owners of 36 Ruffled Feathers Drive, hereinafter referred to as "the
subject property," and legally described in Exhibit "A "; and
WHEREAS, the applicant is seeking a variation, pursuant to §XVIII.I of the
Lemont Zoning Ordinance, from §VII, Table VII -2 of said ordinance which requires a
rear yard setback be a minimum of 30 feet in order to build a three seasons room with a
setback of 28 feet; and
WHEREAS, the Administrative Hearing Officer of the Village of Lemont,
Illinois did heretofore commence and conduct a Public Hearing on November 19, 2007
for approval of the variation and indicated he would 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 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. A variation is granted from the Lemont Zoning
Ordinance, §VII, Table VII -2 to allow a three seasons room be constructed at 36 Ruffled
Feathers Drive which reduces the rear yard setback to a minimum of 28 feet.
SECTION 2: Conditions of Approval. The above variation shall be approved
subject to the following conditions:
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 three seasons room location shall be consistent with the size and location as
shown on Exhibit C.
3. 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 24th DAY OF SEPTEMBER, 2007.
DEBBY BLATZER
PETER COULES
CLIFFORD MIKLOS
BRIAN REAVES
RON STAPLETON
JEANETTE VIRGILIO
Attest:
AYES NAYS PASSED ABSENT
✓'
1
Approved by me this 26th day of November, 2007.
JOHN F. ' ZZA, Vi11: ge Pr ' 7 ent
CHARLENE SMOLLEN, Village Clerk
Exhibit A
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19 RUFFLED l ' 6.8
OF MOUE % OF DICT10111
OFT IEF TIiRill E7PAL D
PAR a 2; BAsEmENT FOR WORM
OVER =LOTS PAW) RAS CREATED HY P1vAT
3
27 9-g 1
4TH
1
EXHIBIT B
Administrative Hearing Officer's Finding of Fact
1. The variation is in harmony with the general intent of the Zoning
Ordinance.
2. There is no detriment to the surrounding area, the local golf course,
and it does not alter the character and was not a deterrent to that
property.
3. No harm would be done to any property values in the area, and
would not impact any one else's light or air.
EXIIIBIT C (Page 1 of 2)
VILLAGE OF LEMONT
❑APPROVED
°APPROVED AS NOTED
OWE APPROVED
Date $FQnatu,e
=SIGN BUILDERS
EXHIBIT C (Page 2 of 2)
MP-1Y
Sara
■roz
F LEMONY
PLAT OF SURVE'
OF
LOT 18 IN RUFFLED FEATHERS BEING A SUBDIVISION OF PART OF
SECTION NORTH, RANGE E11,, P,ST /OF FTHE SECT/ON 3
RD PRINCIPAL
MERIDIAN, IN COOK COUNTY, ILLINOIS.
D AS NOTED
LOVED
30, 1.,. r.d
APPLICANT:
ADDRESS:
COMMUNITY DEVELOPMENT DEPARTMENT
418 Main Street, Lemont, Illinois 60439
Tetephone: (630)257-1595
e-mail:
fax4301A3— 664/
t L &WA ClO/Y € �tt PHONE: o 30 -61 5 +
_0777 LAND E APPLICATION
436 4 iv ( g- CITY: , on/T
STATE /ZIP: ---7* ‘0Y-J1
PROJECT ADDRESS (if different from above)
Applicant is the owner of the subject property and is the signer of this application.
Applicant is the contract purchaser of the subject property and has attached a copy of said contract.
Applicant h acting on behalf of the beneficiary of a trust.
Applicant is acting on behalf of the owner (notarized letter of consent from owner required)
In the event that the subject property is held in a trust,.a notarized letter from an authorised trust officer Identifying the applicant
as an authorized individual acting in behalf of the beneficiaries and providing the name, address and percentage of interest of each
beneficiary is attached to this executed application.
LOCATION:
C0117 yy3Tf1vt
3C. gAcref �D TAE.4s
'.+9•��:'� 3 {pi's '��?:W�•.i 7 k M €iL
m:
Number of Acres: j1� Tax Parcel # ' LOT- 1'
The following documents should be attached (if applicable):
Legal Description Surrounding property owner list Preliminary Plat _ Preliminary Plan
__Sales Contract Plat of Survey Final Plat Final Plan Bank Trust Letter
!_Tree Survey
-Proof of Ownership
Please check alt that apply:
A. ANNEXATION:
_Topographic Survey
Petition for Annexation
MOM w
1'� f '.FIS , 212170202
% � 1
Petition Requesting Annexation Annexation Agreement
B. DEVELOPMENT/
SUBDIVISION: Preliminary Plat Final Plat
Preliminary Plan Final Plan
C. ZONING RELATED: Rezoning Petition from to
/Variation Special Use
D. MISCELLANEOUS: County Case Review Curb -cut request onto a limited access freeway
Text Amendment Right -of -Way Vacation
Other (explain)
Submitted with this application is the required filing fee of S , and escrow check of $
C?d
The applicant understands that the fee is non - refundable. Please confirm the fee amount with the Planning Staff if
there are any questions.
Notification to the Will -South Cook Soil Conservation District (blank form included).
Endangered Species Act Report to Illinois Department of Conservation (blank form Included).
}ir
Brief statement describing the proposed development:
ALL Lp;,,)e, h L SF..fsc,A) 44 /1- a$ i1' j • r . /aced{,4
tJm rnR/e To SAEzifY 7'h£ 30 roar 5 r ,e5. /
lit 6ftcX £Y 1 yd- Fr)
Number of dwelling units Type of unit
(Please attach additional sheets if necessary).
Specifically requested variations to the Zoning and Subdivision Ordinances:
•
•
I hereby affirm that I have full legal capacity to authorize the filing of this application and that all information and
exhibits herewith submitted are true and correct to the best of my knowledge. The applicant invites Village
representatives to make all reasonable inspections and investigations of the subject property during the period of
processing this application. The applicant understands that they are responsible for the posting of all hearing signs
and the mailing of legal notice to all surrounding pi operty owners as required under Ordinance No. 694, unless
advised otherwise by the Village.
State D to
Signature of Applicant
64,4
County
I, the undersigned, a Notary Public in and for the said County and State aforesaid, do hereby certify that
) CIA pttL (Igtaell_ is personally known to me to be the same person whose name is
su scribed to the foregoing instrument, and that said person signed, sealed and delivered the above petition as a
free and voluntary act for the use Loses set forth.
- uf. L
r. -F -9
v:J::. ,,,i1:011
Given under m and notary seal this is, , day of
My commission expires this day of
FOR OFFICE USE ONLY
RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT:
DATE AMOUNT RECEIVED BY: (PLANNING PERSONNEL)
Village of Lemont
Community Development Department
YARMIZONAPELICAMIN
418 Main Sheet • Lemont, Illinois 60439
phone 630-257-1595 • fax 630- 257 -1598
Per the Lemont Zoning ordinance ( §XVIII.I.4), no variation shall be recommended by
the Community Development Director or Zoning Board of Appeals unless the variation
meets certain standards. Please address each of the following standards as it relates to
your request
a. the property In question cannot yield a reasonable return W permitted to be used
only under the moons allowed by the regulations in the district in which it Is
located;
Q o
Jt-t4 zmwoza..0 44.42.(4.e de- ,/ 74 k. 7
GL7i�c('.oC /i /%.'/iX ZZ 4 ;
the plight of the owner is due to unique circumstances;
c. the variation, If granted, will not alter the essential character of the locality; and 'a( ,Aelltae;vegc 46924-e_
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VILLAGE OF LEMONT
Administrative Hearing
November 15, 2007
An Administrative Hearing was held before Lemont Hearing Officer James A.
Brown on Thursday, November 15, 2007, at 2:00 p.m. in the Board Room of the
Village Hall. The meeting was called to consider a request for a variation of less
than 20% to the rear yard setback at 36 Ruffled Feathers in Lemont, Illinois. Also in
attendance were staff members Peter Krumins, Village Planner, and Lynn
Stratton - Cholewa, Administrative Assistant, and the Petitioners Judy Ferraro and
Michael Gruber.
The meeting was called to order by Mr. Brown at 2:00. He asked Mr. Krumins for a
summary.
Mr. Krumins said that the Petitioners came to him with a plan for a three - season
room to be added to the back of their home, off of the dinette. This would
reduce the rear yard setback to 28 feet, two feet less than the required minimum
per our zoning ordinance.
Mr. Krumins stated that pursuant to Section XVIII.1.4(3), if a variation request to
decrease the setback of a primary structure was not more than 20 percent, an
administrative hearing could be conducted rather than a hearing in front of the
Planning and Zoning Commission. Mr. Krumins said this is well within the 20%
allowance and therefore, this could be heard administratively.
Mr. Krumins related that there were several phone calls on the project, but none
of them were negative. Ms. Stratton - Cholewa stated that she received several
calls as well, all of an inquisitive nature. Most callers said they did not mind what a
person did in their own yard.
Mr. Brown asked if the petitioners had submitted a design review request to the
Ruffled Feathers Homeowner's Association. They replies yes. Mr. Brown suggested
they bring the same materials for the Village Board meeting.
Mr. Brown stated that he had studied the case file information and had taken a
ride out to view the property himself.
Mr. Brown said he wished to note that no one had come to the meeting to voice
objections. He said that he found the variation in harmony with the general
intent of the Zoning Ordinance, there was no detriment to the surrounding area,
the local golf course, and it did not alter the character and was not a deterrent to
that property. Mr. Brown reviewed other findings of fact and said no harm would
be done to any property values in the area, and would not impact any one else's
light or air. He said there was no reason not to approve the request for variation
and said he will recommend approval to the Village Board in his staff report.
Mr. Brown asked the Petitioners when they wished to begin construction of their
three - season room and Mr. Gruber said he would not do anything until spring; he
would begin bids and cost estimates in April. Mr. Brown said once the Petitioners
had the Village Board's approval, they could begin the permit process.
Mr. Krumins said he would notify the Petitioners in writing when the item would
appear on the Committee of the Whole agenda, or if the case should go directly
to the Village Board. He said that the latest plans and drawings should be
submitted to staff the week before the meeting for distribution to the Village
Board members.
The Petitioners asked if they were required to appear at the Village Board
meeting. Mr. Krumins replied that it was not required, but was strongly suggested.
Mr. Brown said that if the Village Board had any questions, it was in their best
interest to answer those questions personally, and the same would hold true in the
event that someone appeared and spoke against the variation.
The meeting was adjourned at 2:10 p.m.
Minutes submitted by Lynn Stratton Cholewa
-2-
Memorandum — Variation for 36 Ruffled Feathers Drive 3