O-63-03 09/08/03VILLAGE OF LEMONT
ORDINANCE NO0 113
AN ORDINANCE REDUCING THE REAR YARD SETBACK IN THE R -4 SINGLE
FAMILY DETACHED RESIDENCE DISTRICT
(12150 Oxford Court)
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 8th DAY OF SEPTEMBER, 2003
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
September, 2003.
ORDINANCE NO. �/ ` 3 D3
AN ORDINANCE REDUCING THE REAR YARD SETBACK IN THE R -4 SINGLE
FAMILY DETACHED RESIDENCE DISTRICT
(12150 Oxford Court)
WHEREAS, Patrick Sexton, hereinafter referred to as "the Petitioner," is the owner of a
.29 acre parcel, hereinafter referred to as "the subject property," located at 12150 Oxford Court in
Lemont, Illinois and legally described in Exhibit "A "; and
WHEREAS, the Petitioner is seeking relief to the Lemont Zoning Ordinance to reduce
the rear yard setback requirement in the R -4 Single - Family Detached Residence District from
thirty feet (30') to twenty -three feet (23') in order to construct a rear balcony, pursuant to Section
VII.E.7.a.(3). of the Zoning Ordinance; and
WHEREAS, the Zoning Board of Appeals of the Village of Lemont, Illinois (the
"Village ") did heretofore commence and conduct a Public Hearing on August 19, 2003 and
approved a variation of the rear yard setback requirement in an R -4 Single - Family Detached
Residence District by unanimous vote; 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 of Lemont, after a public
hearing as required by law, approved a variation of the minimum rear yard setback requirement;
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 rear yard setback variation 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 the minimum rear yard setback in an R -4 Single -
Family Detached Residence District from thirty feet (30') to twenty -three feet (23'), pursuant to
Section VII.E.7.a.(3) of the Lemont Zoning Ordinance.
Section 2: Condition of Approval. The above variation shall apply to the balcony only
and not any other structure and shall be approved subject to "Exhibit B ". The petitioner shall
obtain a building or occupancy permit within one year of the effective date of this ordinance or
the variation shall be null and void..
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 September, 2003.
Debby Blatzer
Peter Coules
Brian Reaves
Steven Rosendahl
Ron Stapleton
Jeanette Virgilio
Attest:
AYES NAYS PASSED ABSENT
V
V
V
1
Approved by me this 8th day of September, 2003.
CHARLENE SMOLLEN, Village Clerk
H: \ORDINANC\LYNN'S\2003ORDS \12150 Oxford-SextonVar.wpd
EXHIBIT "A"
LOT 51 IN KENSINGTON ESTATES, BEING A SUBDIVISION OF PART OF
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
26, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
MERIDIAN, AND PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11 EAST OF
THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED OCTOBER 27, 2000 AS DOCUMENT 00- 848386 IN COOK COUNTY,
ILLINOIS.
Faso #23.1.3 -12150 e*d 66rUrt
?atrlck abevtan, owner
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STAFF REPORT
ZONING BOARD OF APPEALS
Prepared by David Orrico, Village Planner
GENERAL CASEFILE INFORMATION
Case Number 23.13
Commission Meeting Date August 19, 2003
Petitioner Patrick Sexton
Request(s) Variation:
- Reduction in the rear yard setback in the R -4 district
from 30' to 23' to construct an attached balcony (23%
deviation of standard)
Location 12150 Oxford Court (Lot 51 of Kensington Estates
Subdivision)
Parcel Number(s) 22 -27- 207 -012
Size 12,500 square feet
Street Frontage(s) 106' on Oxford Court
Current Zoning Lemont R -4 Single - family Residence District
Contiguous Zoning &
Land Use North — R -4 Single Family Detached
East — R-4 Single Family Detached
South — R -4 Single Family Detached
West — Open Space (Memorial Gardens Cemetery's
retention pond)
Exhibits
1. Location Map
2. Plat of Survey, received 07.03.03
3. Balcony Elevation
DEVELOPMENT PROPOSAL
The petitioner is requesting a rear yard variation in order to construct an attached (10' high) balcony on Lot 51 of
Kensington Estates Subdivision. Typically, attached balconies or decks in the rear yard would function as an
additional point of egress from the existing house plan which has a walkout basement design where the first floor
in the front of the house is at grade and gradually becomes the second floor from grade in the backyard. The
proposed balcony is self contained in this case and does not provide an at grade egress or stair access in the rear but
does provide an additional exit way from the house. The balcony would encroach seven (7) feet into the rear yard
resulting in a 23' setback and face west towards a retention pond. (This is based on the proposed 12' wide deck
envelope for Lot 51, which has been depicted on attachment #2.) Other houses located on Oxford Court have
attached balconies and are within the 30' rear yard setback. All of the other yard requirements within the subject
property are being maintained.
S: \COMMUNITY DEVELOPMENT DEPARTMENT\CASE FILES \2003\23.13- Sexton\ZBA 23.13 12150 Oxford Ct_08.19.03.doc
PUBLIC RESPONSE
To date, the Community Development Department has not received comments regarding this request.
VARIATION STANDARDS (Zoning Ordinance, Sec. XVIII.H.4a -c)
1. The property in question cannot yield a reasonable return:
Since the property slopes from front to rear (8' grade change) direct points of egress to the front and
back of the house cannot be achieved on the first floor. A total of three points of egress exist in the
house plan, one in the front, one in the back at basement grade and the other along the side of the
house. An additional exit from the house is possible with the construction of the attached balcony and
could improve the overall circulation and safety within the household. The building department only
requires one point of egress per household.
2. The plight of the owner is due to unique circumstances:
The existing grade is pitched in the rear yard leaving insufficient room for a flat usable area for
outdoor use such as a patio or terrace. The construction of the attached balcony will preserve the
existing grade opposed to a patio or terrace, which are considered permitted obstructions in the rear
yard, may alter grades and magnify stormwater runoff flows (soil erosion impacts) into the retention
pond.
3. The variation will not alter the essential character of the locality:
Balconies are common features in the Kensington Estates subdivision. Although all of the other
balconies are within the 30' rear yard setback and not as large, the subject balcony may improve the
overall aesthetics of the neighborhood with the columns and wrought iron rail designs being proposed.
As consistent with the other balconies within the subdivision, the proposed balcony does abut a
retention pond and therefore impacts to the nearest residence are minimized.
STAFF RECOMMENDATION
The request for a 7 foot variation is similar to previous requests granted for variations to the rear yard setback in the
R -4 district. (1084 Hermes, 9' variation granted, 1000 Edgewood Court, 14' variation granted, & 7 Melshane Ct.,
12' variation granted) However, the above requests were approved for the construction of decks that provide at
grade egress. The proposed balcony design is similar in structure to a deck and would not alter the existing grade
of the property and may enhance the character of the neighborhood. Subject to public testimony, staff's
preliminary recommendation is to support the variation request for 12150 Oxford Court with the following
condition:
• The variation shall apply to the balcony only and not any other structure.
S: \COMMUNITY DEVELOPMENT DEPARTMENT\CASE FECES \2003\23.13- Sexton\ZBA 23.13 12150 Oxford Ct_08.19.03.doc
SPARK ARRESTOR
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