O-48-03 07/28/03Village of Faith
Mayor
John F. Piazza
Village Clerk
Charlene M. Smollen
Trustees
Debby Blatzer
Peter Coules
Brian Reaves
Steven Rosendahl
Ronald Stapleton
Jeanette Virgilio
Administrator
Gary C. Holmes
Administration
phone (630) 257 -1590
fax (630) 243 -0958
Building Department
phone (630) 257 -1580
fax (630) 257 -1598
Community Development
phone (630) 257 -1595
fax (630) 257 -1598
Economic Development
phone (630) 257 -6440
fax (630) 243 -0958
Engineering Department
phone (630) 243 -2705
fax (630) 257 -1598
Finance Department
phone (630) 257 -1550
fax (630) 257 -1598
Police Department
416 Main Street
phone (630) 257 -2229
fax (630) 257 -5087
Public Works
14574 127th Street
phone (630) 257 -2532
fax (630) 257 -3068
www.lemonl.il.us
Village of Lemont
418 Main Street • Lemont, Illinois 60439
DISASTER DECLARATION
I, John F. Piazza, Mayor of the Village of Lemont, Counties of Cook, Will and DuPage, State
of Illinois, upon recommendation of the Coordinator of the Lemont Emergency Management
Agency, do hereby proclaim that a disaster emergency exists in the Counties of Cook, Will and
DuPage due to the following reasons:
severe rainfall and flooding causing damage to streets, homes, businesses
and public buildings in a widespread area of Lemont.
The Coordinator of the Lemont Emergency Management Agency is ordered to proceed with all
haste to bring the stated disaster to a rapid conclusion for the best interest of the residents of
Lemont pursuant to the Illinois Emergency Services and Disaster Operations Act of 1988 as
amended, and the Lemont Emergency Services and Disaster Act.
The proclamation is effective from July 28, 2003 and shall expire on August 1, 2003 unless
extended by the Lemont Village Board.
ILMPIAZZA, • ' • sident
Filed this 28th day of July , 21 th the Villa
HARLENE SMOLLEN, Village Clerk
ORDINANCE NO. 0 4 6
JULY 28, 2003
AN ORDINANCE GRANTING A VARIATION TO REDUCE THE MINIMUM
SDIE YARD AT 1344 ACORN STREET IN LEMONT, ILLINOIS
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 28th DAY OF JULY, 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 28th day of
July 2003.
ORDINANCE NO.0 Jig .6
AN ORDINANCE GRANTING A VARIATION TO REDUCE THE MINMUM
SIDE YARD AT 1344 ACORN STREET IN LEMONT, ILLINOIS
WHEREAS, an application for a variation has been filed by Mr. Dan Brannigan,
hereinafter referred to as "the Petitioner," is the owner of a 13,159 square foot parcel,
hereinafter referred to as "the subject property," located at 1344 Acorn Street in Lemont,
Illinois and legally described in Exhibit "A" and as shown in Exhibit `B "; and
WHEREAS, the applicant is seeking a variation to the Lemont Zoning Ordinance
to reduce the minimum side yard on the south property line of the subject property from
fifteen (15') feet to ten (10') feet, pursuant to Section VII.E.7.a.(2).(c). of the Lemont
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 July 15, 2003 for
approval of a Variation;
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 have determined
that the best interests of the Village will be served by the approving the variations 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: Side Yard Minimum Setback: A variation is granted to reduce
the minimum side yard on the east side of the subject property from fifteen (15') feet to
ten (10') feet, pursuant to Section VII.E.7.a.(2).(c). of the Lemont Zoning Ordinance; and
SECTION 2: Condition of Approval: The above variation shall be approved
subject to "Exhibit B" and the petitioner obtaining 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, COUNTY OF COOK, ILLINOIS, ON THIS
28TH DAY OF JULY, 2003.
2
AYES
Debby Blatzer
Peter Coules
Brian Reaves
Steven Rosendahl
Ron Stapleton
Jeanette Virgilio
PASSED ABSENT
Approved by me this 28th day of July 2003.
JO ent
Atte
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wiTAIP ENE SMOLL , Village Clerk
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Location Map: Case #23.11 - 1344 Acorn
PUD
STAFF REPORT
ZONING BOARD OF APPEALS
Prepared by David Orrico, Village Planner
GENERAL CASEFILE INFORMATION
Case Number
Commission Meeting Date
Petitioner
Request(s)
Location
Parcel Number(s)
Size
Street Frontage(s)
Current Zoning
Contiguous Zoning &
Land Use (from Eagle Ridge Sub.)
Exhibits
1. Location Map
2. Plat of Survey, dated 07.07.03
3. Building Elevations
23.11
July 15, 2003
Dan Brannigan, Bruden Custom Homes Ltd.
Variation:
- Reduction in the side yard setback in the R -4 district
from 15' to 10' on the south property line due to an
existing Com Ed transformer and 8" sanitary sewer pipe
located along the north property line.
1344 Acorn Street (Lot 7 of Eagle Ridge Estates
Subdivision)
22 -32- 300 -011
13,159 square feet
75' on Acorn Street
Lemont R -4 Single- family Residence District
North — Eagle Crest Subdivision, R -4 Single Family
Detached
East — Cook County R -4 Single - Family Residence
District
South — Cook County R -4 Single Family Detached
Residence District
West — Cook County R -4 Single Family Detached
Residence District & Lemont R -2
DEVELOPMENT PROPOSAL
The petitioner is requesting a side yard variation in order to build a 3 car garage on Lot 7 of Eagle Ridge Estates
Subdivision. The garage would face north towards Lot 8 of the subdivision and will have a side yard setback of
22.83' feet which would mean that the other side yard setback from the south property line will be 10 feet. (This is
based on the proposed building envelope for Lot 7 and the proposed 20.5' wide side loaded driveway, which has
been depicted on attachment #2.) The single- family residence on Lot 8 has a 16' side yard setback. Lot 7 is adjacent
to a detention pond that is located south of the subject site where the side yard variation is being requested. All of the
other yard requirements within the property are being maintained.
S:COMMUNITY DEVELOPMENT\CASE FILES \2003\23.11- 1344AcomSt\ZBA 23.11 1344 AcomDrive_07.15.03.doc
PUBLIC RESPONSE
One resident who received written notice of the variation, that lives south of the subject parcel in a Cook County
subdivision, called the Community Development Department. Also, a resident on Harasek Street called staff to
support the requested variation.
VARIATION STANDARDS (Zoning Ordinance, Sec. XVIII.H.4a -c)
1. The property in question cannot yield a reasonable return:
The property is rendered "difficult" for a side loaded garage design if the R -4 setbacks are strictly
applied, specifically the minimum side yard setback requirements of 15'. The difficulty is further
exacerbated by a 12.5' public utility and drainage easement that runs along the north property line.
2. The plight of the owner is due to unique circumstances:
A majority of the platted lots m this subdivision are similar in lot width and area with a design more
conducive to front loaded garages. The lot is therefore not unique in that respect. The side load garage
is a fairly common design but no provision currently exists in the ordinance for a shift in the setbacks
from 15' to 20' and from 15' to 10' to allow the additional side yard area for the construction of a side
loaded garage. However, an 8" sanitary sewer pipe runs along the north property line within an overall
17.5' public utility and drainage easement shared by Lots 7 & 8 of Eagle Ridge. Lot 7, the subject
parcel, occupies 12.5' of the 17.5' easement for the reason that the sewer pipe is located within 2' of the
north property line. (See attachment #2) Typically, easements of this kind are 7.5' wide where the
adjacent lot owner would provide the additional 7.5' to establish a 15'corridor. The wider easement on
Lot 7 condenses the buildable area and offers a challenge to develop the site.
The variation will not alter the essential character of the locality:
The petitioner is improving the aesthetics of the residential block by providing a side loaded garage. This
design will limit the amount of garages facing Acorn Street. The variety of housing design styles may
improve the character of the subdivision.
STAFF RECOMMENDATION
Without the variation being requested by the petitioner, the size of the house, design of the side loaded garage and the
location of the public utility easement would not be functional in the lot area designed for Lot 7. Staff is aware that
front loaded garages are typical in the R -4 district and also is aware of the demand in the housing market for custom
designed homes. Therefore, staff believes the request for this variation and potential variations within this
subdivision should be based on the impacts to the surrounding properties and should be handled on a case by case
basis.
With that said, Lot 7 is adjacent to a detention pond along the south property line and the side yard variation being
requested is the yard abutting the pond. The impacts of the side yard variation are minimal due to the fact that the
adjacent lot is reserved for open space, not a single - family residence.
Please note, the proposed building layout on Lot 7 of Eagle Ridge Subdivision indicates plans for a chimney. The
chimney is located on the south elevation wall where the variation is being requested. Chimneys may be permitted
obstructions is all required yards up to 2 feet. The actual variation may be an 8'request instead of a 10' request from
the side property line. Also, driveways are permitted within an easement subject to review and approval from the
Village Engineer. The driveway layout proposed still needs to be reviewed by staff.
S:COMMUNITY DEVELOPMENT\CASE FILES \2003 \23.11- 1344AcornSt\ZBA 23.11 1344 AcornDrive_07.15.03.doc
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PLAT OF SURVEY
LOT 7 IN EAGLE RIDGE ESTATES SUBDIVISION, BEING A SUBDIVISION OF PART OF LOT 5 IN THE COUNTY
CLERK'S D IVISION OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED ON APRIL 25, 2002 AS DOCUMENT
0020476739 AND CERTIFICATE OF CORRECTION DATED SEPTEMBER 18, 2002 RECORDED AS DOCUMENT
0021025505, IN COOK, ILLINOIS.
- -_ —J
L —
NOTES:
N . 89' 02' 06 " E.. 144.25'
12.5 FT. UTILITY /DRAINAGE EASEMENT
r 15 FT. SIDE SETBACK LINE c.,:1
•t, l
LOT 7 z r4
13,158 S.F. / -= t'-, a ;31 0.30 AC. +/- s c
10 FT. UTILITY /DRAINAGE
EASEMENT
15 FT. SIDE SETBACK LINE
7.5 FT UTILITY %DRAINAGE EASEMENT
—4
60' R
66'
N. 89' 02' 06" E., 130.38'
1. THIS PROFESSIONAL SERVICE CONFORMS TO THE CURRENT ILLINOIS MINIMUM STANDARDS FOR
BOUNDARY SURVEY.
2. FIELD SURVEY PERFORMED ON SEPTEMBER 7, 2002.
3 IRON PIPE SET A T AL CORNERS.
4. 13A5 /5 OF BEARINGS :: WEST LINE OF SUBDI V1S /ON= N. 01' 13' 47" W. (ASSUMED).
STATE OF ILLINOIS )
) SS
COUNTY OF DUPAGE)
THIS IS TO CERTIFY THAT 1, ROBERT W STASIK, ILLINOIS PROFESSIONAL LAND
SURVEYOR NO. 35 -2322, HAVE SURVEYED THE PROPERTY DESCRIBED
HEREON AND THA T THE PLAT SHOWN HEREON IS A CORRECT
REPRESEN TA 770N OF 71-IA r SURVEY. ALL DIMENSIONS SHOWN ARE IN FEET
AND DECIMALS THEREOF.
GIVEN UNDER M Y HAND AND SEAL AT DOWNERS GROVE, ILLINOIS, THIS 18 TH
DA Y OF SEPTEMBER, A.D., 2002.
ILLINOIS PROFESSIONAL LA • SURVEYOR NO. 35 -2322
LICENSE RENEWAL /DA TE OF EXP/RA TION: 11 -30 -02
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PROFESSIONAL ••
LAND SURVEYOR •
HO. 35 -2322
OOwNERS CROvE.=
ILLINOIS : rn
OF \k"'
C.M. Lavoie & Associates. Inc.
Consulting Civil Engineering
Land Planning & Surveying
633 Rogers Str_rt
Downers Grove, Illinois 60` t5
voice 63043•1 -27Si1
fat 630-434-27i:1
Z I 2
CZ)
144.251
N 89'02'06° E
125 FL UTILITY/DRAINAGE EASEMENT
SETBACK UNE
15' SMACK LINE
PLA'11 OF SURVY
OF LOT 7 N EAGLE RIDGE ESTATES SUBDIVISION, BEING SUBDIVISION OF PART OF L07 5 I THE COUNTY CLERK'S DIVISION
OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF
SAID SUBDIVISION RECORDED ON APRIL 25. 2002 AS DOCUMENT 00025476739 AND CERTIFICATE OF CORRECTION DATED
SEPTEMBER 18. 2002 RECORDED AS DOCUMENT 0021025905. IN COOK COUNTY, ILLINOIS.
S' SANITARY SEWER
5.13'
cn
6.00
6.00
eV
7.67'
PROPOSED
RESIDENCE
P.T.F. = 731.50
LOT 7
13159.78 S.F.
0.3021 AC.
5.67'x:
16.00 )
PROPOSED
DRIVEWAY
34.42
1.00'
PTY. = 7J0.0-\\
30.83'
7.5 FT. U11t ITT/DRAINAGE EASEMENT
S 89'02'06 °W.W
DJA CIVIL ENGINEERS & SURVEYORS
Dave Johnson and Associates, Ltd.
323 S. Hale Street
Wheaton, Illinois 60187
ph. 630 752 8600 fax 630 752 9556
e -mail: DJA @DJAonline net
8- WATER MAIN
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STATE OF ILLINOIS)
COUNTY OF DuPAGE) S.S.
I. WARREN D. JOHNSON, HEREBY CERTIFY THAT 1 HAVE
SURVEYED THE ABOVE PROPERTY AND THAT THE PLAT HEREON
DRAWN IS A C s' RECT REPRESENTATION OF SAID SURVEY.
DATED AT W! TON, 1 . THIS 7TH. DAY OF JULY, A.D. 2003.
ILLINOIS REG NT ' ED LAND SURVEYOR NO. 2971