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O-65-10 Ord. Variation Trailers Burrow BargeVILLAGE OF LEMONT ORDINANCE NO. (9 -6,5-.40 AN ORDINANCE GRANTING A VARIATION TO ALLOW TWO TEMPORARY STRUCTURES (TRAILERS) TO BE USED FOR BUSINESS PURPOSES FOR A PERIOD OF TWO YEARS AT SLIP #3 ON THE SANITARY & SHIP CANAL, IN LEMONT, IL (Burrow Barge /ACL Variation) Adopted by the President and Board of Trustees of the Village of Lemont This 13th Day of September, 2010. 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 13th day of September, 2010. ORDINANCE NO.(()—(4,,-'5—/C7 AN ORDINANCE GRANTING A VARIATION TO ALLOW TWO TEMPORARY STRUCTURES (TRAILERS) TO BE USED FOR BUSINESS PURPOSES FOR A PERIOD OF TWO YEARS AT SLIP #3 ON THE SANITARY & SHIP CANAL, IN LEMONT, IL (Burrow Barge /ACL Variation) WHEREAS, Burrow Barge Cleaning & Repair, hereinafter referred to as the Petitioner," is the operator of a business located at Slip #3 on the Sanitary & Ship Canal, hereinafter referred to as the subject property," and depicted in Exhibit "A "; and WHEREAS, the Petitioner is seeking a variation to the Unified Development Ordinance, § 17.06.150, to allow the placement of temporary structures (trailers) for business use; and WHEREAS, the Planning and Zoning Commission of the Village of Lemont, Illinois conducted a Public Hearing on July 21, 2010 for approval of the variation; and WHEREAS, a notice of the aforesaid Public Hearing was made in the manner provided by law and was published in the Lemont Reporter -Met, 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 in Exhibit `B ". 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 Unified Development Ordinance, § 17.06.150, to allow the placement of temporary structures (trailers) for business use on the subject property. SECTION 2: Conditions. The variation approval shall be contingent upon the following conditions: 1. A financial guarantee in a form acceptable to the Village (e.g. bond or letter of credit) must be provided to the Village prior to placement of the temporary structures on the subject site. The financial guarantee shall be in an amount deemed by Village staff as reasonably sufficient to cover the cost of removal of the trailers, if needed, at the end of the 24 months. 2. The size of the temporary structures shall not exceed 1,000 square feet. 3. Prior to occupancy of the trailers for business use, the petitioner shall request an occupancy inspection by the Village Building Department and Lemont Fire Protection District. 4. The structures must be removed within two years of said occupancy inspection by the Village Building Department and Lemont Fire Protection District. Upon request by the petitioner, the Village Board may extend this deadline, at its discretion. 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 13th DAY OF SEPTEMBER, 2010. Debby Blatzer Paul Chialdikas Clifford Miklos Ron Stapleton Rick Sniegowski Jeanette Virgilio Attest: AYES V U U V NAYS ABSENT ABSTAIN Appro .y me this 13th day of ber, 2010 71111 . AV ri:4IPP' age President CHARLENE M. SMOLLEN, Village Clerk EXHIBIT B FINDINGS OF FACT: 1. The variation is consistent with general purpose and intent of the Unified Development Ordinance in that it will not have a negative impact on surrounding properties, or the Village in general. 2. Strict enforcement of the UDO would pose a practical difficulty for the business by continuing an existing strain on their business operations on the subject site. The variation would provide short -term relief while the applicant seeks a long -term solution.