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R-47-07 Res. Objection Record Zoning Appeals Variation Two Digital Advertising FialaVILLAGE OF LEMONT RESOLUTION 12•41.el A RESOLUTION OF OBJECTION FOR THE RECORD OF THE COOK COUNTY ZONING BOARD OF APPEALS REGARDING A REQUEST FOR VARIATION FOR TWO DIGITALLY OPERATED TWO -SIDED OUTDOOR ADVERTISING SIGNS TO BE LOCATED ON THE FIALA PROPERTY WHEREAS, the Village of Lemont is a zoned municipality adjacent to the property that is the subject of the request for variations in the cause known as Docket Number 8262 and 8263 before the Cook County Board of Appeals, said property being described in said Dockets. WHEREAS, the entire boundary of the subject property is within 1 -1/2 miles of the corporate limits of the Village of Lemont; and WHEREAS, the Village of Lemont owns property adjacent to the subject property; and WHEREAS, the Village of Lemont, both elected officials and staff, have considered the application, supporting documents, and the evidence presented at the hearing by the applicant; and WHEREAS, the Village of Lemont has reviewed the standards upon which the Zoning Board of Appeals is required to base its findings to grant variations as set forth in § 13.6.3 of the Cook County Zoning Ordinance; and WHEREAS, the Zoning Board of Appeals is not to make a recommendation to the County Board unless it makes specific findings relative to the following standards: 13.6.3 (A) Physical surrounding, shape, or topological condition of the property would result in hardship upon the owner, as distinguished from a mere inconvenience, if this ordinance were followed. The physical attributes of the site provide no justification for variations from the sign size limitations or from the restriction that outdoor advertising signs must be located at least 500 feet from "any official designated federal, state, or historic property, district or corridor." The proposed outdoor advertising signs are clearly within 500 feet of the I & M Heritage Corridor as designated by Public Law 98 -398 by the 98th Congress, and there is nothing about the physical surroundings, shape, or topography of the site that requires the sign to be located so close to the I & M Heritage Corridor. The Corridor is planned as a scenic trail and is a historic waterway. 13.6.3 (B) Conditions which are unique to the property exist and are not applicable to other properties within the same zoning classifications. • There is nothing unique about this property that would justify a 60% increase in the size of the proposed outdoor advertising sign and nothing unique about the property that would justify locating the proposed signs within 500 feet of the I & M Heritage Corridor. 13.6.3 (C) Variation sought is not based exclusively upon a desire to make the property more profitable. • The only justification for the proposed increase in the size of the sign or the encroachment of the sign within the required separation from the I & M Heritage Corridor is the desire of the applicant to make the signs more profitable. 13.6.3 (D) Hardship or alleged difficulty is caused by this Ordinance and not by any person presently having interest in the property. • Outdoor advertising signs that comply with the zoning ordinances 750 square feet limitation are common. This type of 15 by 50 foot sign is also common along many of the highways in Chicago. 13.6.3 (E) Variation will not be detrimental to the public welfare or injurious to other properties or improvements in the neighborhood. • The proposed outdoor advertising signs will be "detrimental to the public welfare" because they will diminish the aesthetic qualities of the scenic I & M Heritage Corridor and the proposed advertising signs will diminish the aesthetic qualities of the bike path and trail along the corridor. -2- • If the height variation is granted, the homes located on Thornberry Drive, Province Drive and Briarcliffe Drive will be "injured" as these homes are located at an elevation similar to the proposed outdoor advertising sign. the owners of these properties will be adversely affected by the lights and movements of the proposed advertising signs. 13.6.3 (F) Variation will not impair an adequate supply of light and air to adjacent properties, substantially increase congestion to the public streets, increase the danger of fire, cause increased flooding risk to adjacent property, endanger public safety or substantially diminish or impair property values within adjacent neighborhoods. • Homeowners and other property owners testified at the hearing that brightly lit and moving outdoor advertising signs are distracting and obstruct their view of the valley. Additionally, homeowners and property owners testified that their property values are adversely affected by outdoor advertising signs. When it is perceived that property values are adversely affected by outdoor advertising signs, this perception becomes reality and the property values can be adversely affected by this perception. WHEREAS, the Village of Lemont gave oral testimony, under oath, to the Zoning Board of Appeals to address each of these standards, providing oral and written testimony to support these stated facts; and WHEREAS, the I & M Heritage Corridor was so designated by law under authority of Public law 98 -398; and WHEREAS, the applicant has not provided sufficient testimony at the public hearing that an objective body would approve the variances requested based on the standards of 13.6.3 of the Cook County Zoning Ordinance. NOW, THEREFORE BE IT RESOLVED by the Village President and Board of Trustees of the village of Lemont, that the Village of Lemont objects to the request for variances which is the subject of Cook County zoning Board of Appeals Docket Number 8262 and 8263, and that the proposed signs to be constructed will violate the County Zoning Ordinance "Billboard and Off - Street Premise Outdoor Advertising Sign of Cook County" Section 1.2.3 Industrial Districts provides that Ordinance No. 02 -0 -05 "signs shall not be located closer than 500 (five hundred) feet from another billboard and off - premise signs which require a permit ", and further that the applicant is requesting a variance of the six requirements regulating outdoor billboard signs. -3- PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, WILL AND DU PAGE COUNTIES, ILLINOIS on this day of , 2007. Debby Blatzer Peter Coules Clifford Miklos Brian Reaves Ronald Stapleton Jeanette Virgilio Attest: AYES NAYS PASSED ABSENT (/ JOHN F. PIAZZA, Vill -•� President MyDocuments \Village \Billboard Resolution of Objection:vms -4- VILLAGE OF LEMONT RESOLUTION R-47 -07 RESOLUTION OF OBJECTION FOR THE RECORD OF THE COOK COUNTY ZONING BOARD OF APPEALS REGARDING A REQUEST FOR VARIATION FOR TWO DIGITALLY OPERATED TWO -SIDED OUTDOOR ADVERTISING SIGNS TO BE LOCATED ON THE FIALA PROPERTY IN LEMONT, ILLINOIS (Docket Number 8262 and 8263) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 29th day of May , 2007 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will, and DuPage, Illinois this 29th day of May , 2007 Page 1 of 1 Rose Yates From: Valerie Smith [val.smith @sbcglobal.net] Sent: Thursday, May 24, 2007 11:51 AM To: Rose Yates Subject: Billboard Resolution of Objection Attachments: 658026259- Billboard Resolution of Objection.wpd Rose - Please note the correctionon page 1 of the Resolution. After execution, a certified copy of the Resolution should be filed with the Secretary of the Zoning Baord of Appeals not later than 30 days after the date of the public hearing which took place on May 10, 2007. A copy should also be sent to: James Fiala, 500 E. Frontage Road, Bolingbrook, IL 60440 William J. Hennessy, 20 North Clark Street, Suite 803, Chicago, IL 60602 -4237 Lamar Advertising, Inc., 1770 West 41st Avenue, Gary, IN 46408 Please make sure these notices are send by certified mail, return receipt requested. Failure to provide proof as required under Section 13.13 will nullify our objection. If you have any questions, please feel free to call our office. Valerie M. Smith Antonopoulos & Virtel, P.C. 630.257.5816 (phone) 630.257.8619 (fax) 5/24/2007 0004 8775 3967 O ru ru D N 0004 8775 3950 U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website :.r vww Postage Certified Fee Retum Reciept Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To Street, Apt. No.; or PO Box No. City, State, ZIP +4 $ Mr. James Fiala Fiala Paving 500 E. Frontage Road Bolingbrook, IL 60440 P5 Form 3800, June 2002 See Reverse for Instructions U.S. Postal ServiceTM CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.comr A Postage Certified Fee Return Reciept Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To $ $ 5:1 it% Mr. William J. Hennessy Jet IS or reat. Apr. n PO Box No. . 20 N. Clark Street, Suite 803 or City, state, ZIP Chicago, IL 60602 -4237 PS Form 3800, June 2002 See Reverse for Instructions 0004 8775 3943 r7 ru r1J D D N 0004 8775 3974 O ■-i ru D N -n m I1 m U.S. Postal Service,. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website wv, ,.st 3.eLmn R 0004 8775 Postage Certified Fee Return Reciept Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To Street, Apt. N or PO Box No City, State, ZI a $ •1 `Z6L8f` Mr. James Perry Lamar Advertising, Inc. 1770 West 41" Avenue Gary, IN 46408 PS Form 3800, June 2002 See Reverse for Instructions U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) D N N D D N For delivery Information visit our webs'e'i - ..v -f .t. ,rs.cnme Postage Certified Fee Return Reciept Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ $ City, State, ZIP+4 t _ ,/_r PS Form 3800, June 2002 U.S. Postal Services,, CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.come Postage Certified Fee Retum Reciept Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To Street, Apt. No.; or PO Box No. City, State, ZIP+4 Andrew Przyby r, : or Cook County Zoning Board of Appeals 69 W. Washington Street Chicago, IL 60602 PS Form 3800, June 2002 See Reverse for Instructions See Reverse for Instructions SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Board Secretary Cook County Zoning Board of Appeals 69 W. Washington Street Chicago, IL 60602 COMPLETE THIS SECTION ON DELIVERY ❑ Agent ❑ Addressee f r Ive D. Is delivery address different. from Item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type 18 Certified Mall 0 Registered ❑ insured Mail ❑ Express Mall iy( Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number �1 (Transfer omserviceraee° 10 ©'Z ,,tg10 0004 8775 393(0 PS Form 3811, February 2004 Domestic Return Receipt ❑ Yes 102595 -024 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid LISPS Permit No. G -10 • Sender: Please print your name, address, and ZIP +4 in this box •_ Village of Lemont 418 Main Street Lemont, IL 60439 Attn: Gary Holmes 11ii 11111 ,11111111111111111111,11,111 i1 111111,i IlJ 1, 11 i 11111 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. is oommplete item 4 if Restricted Delivery • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: Andrew Przybylo, Director Cook County Zoning Board of Appeals 69 W. Washington Street Chicago, IL 60602 2.. Article Number (Transfer from service label), PS Form 3811, February 2004 COMPLETE THIS SECTION ON DELIVERY ❑ Agent ❑ +•dressee D. Is delivery address different from item 1? If YES, enter delivery address below. ❑ No D • Yes 3. Service IYPe ❑ Certified Mail ❑ Express Mail Registered giReturn Receipt for Merchandise Insured Mali b_ C.O.D. Restricted Delivery? (Extra Fee) 4. �ooa, a-gio 0004 Domestic Retum Receipt ❑ Yes 102595.02 -M -1540 UNITED STATES POSTAL SERVICE First -Class Mail Postage "& Fees Paid LISPS Permit No. G -10 • Sender: Please print your name, address, and ZIP +4 in this box • Village of Lemont 418 Main Street Lemont, IL 60439 Attn: Gary Holmes SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mr. William J. Hennessy 20 N. Clark Street, Suite 803 Chicago, IL 60602 -4237 COMPLETE THIS SECTION CN DELIVERY Fir r ❑ Agent ❑ Addressee D. Is delivery add -ss different from item 1? ❑ Yes If YES. enter delivery address below: ❑ No ce Type Certified Mall ❑ Registered ❑ Insured Mail ❑ Express Mall Return Receipt for Merchandise C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number (Transfer fromseuvke/abef) 700A, .-'1 t7 PS Form 3811, February 2004 00014 $275 39 SO Domestic Return Receipt 102595 -02 -M -1540 UNITED STATES POSTAL, SERVICE First -Class Mall Postage & Fees Paid USPS Permit No. G -10 • Sender: Please print your name, address, and ZIP-I-4 in this box • Village of Lemont 418 Main Street Lemont, IL 60439 Attn: Gary Holmes Ili,. !milli SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: Mr. James Perry Lamar Advertising, Inc. 1770 West 41' Avenue Gary, IN 46408 COMPLETE THIS SECTION ON DELIVERY 7..t)ure ❑ Agent ❑ Addressee B. R= - lved by (Printed Name) L . C.-u(_. e D. Is delivery address different from item 1 if YES, enter delivery address below: ❑ No a of 1 6 elivery V. Ye - 3. rvice Type Certified Mail Cf Express Mail Registered etum Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) PS Form 3811, February 2004 .3-*c OOn k17S Domestic Return Receipt 39 74 102595-02 -M -1540 UNITED STATES POSTAL SERVO y • Sender: Please print your name, address, and ZIP +4' in this box • Village of Lemont 418 Main Street Lemont, IL 60439 Attn: Gary Holmes 11%+111i1111I11'111I111 11111 11 11111IIJI11II1l1HH1li'11'ulHuIl SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mr. James Fiala Fiala Paving 500 E. Frontage Road Bolingbrook, IL 60440 2. Article Number (T from service • 7of) a 2_410 evo 11775 3961- PS Form 3811, February 2004 Domestic Retum Receipt 102595-02- M-154C COMPLETE THIS SECTION ON DELIVERY A. Sign X ❑:sent Addressee B. Received ( Printed Name) C/�n� ivery Ill D. Is delivery address different from tem 1? El Yes If YES, enter delivery address below: ❑ No Ice Type rtffied Mall p,Express Mall Registered Return Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes UNITED STATE C E)1 _i LIN 2k107 PM • Sender: Please print your name, address, and ZIP +4 in this box • Village of Lemont 418 Main Street Lemont, IL 60439 Attn: Gary Holmes 111(11 11111111 111111111111111111111111 .01.11111111111111111111