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O-61-02 09/23/02ORDINANCE NO.04 /.—Old AN ORDINANCE GRANTING THE REQUEST FOR A SPECIAL USE AND VARIATIONS IN THE REAR YARD SETBACK AND REAR LANDSCAPE SETBACK IN ORDER TO PERMIT THE CONSTRUCTION OF A GAS STATION AT 12304 SOUTH ARCHER AVENUE IN LEMONT, ILLINOIS. ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 23RD DAY OF SEPTEMBER, 2002. 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 23rd day of September, 2002. ORDINANCE NO. 1 ✓ -001 AN ORDINANCE GRANTING THE REQUEST FOR A SPECIAL USE AND VARIATIONS IN THE REAR YARD SETBACK AND REAR LANDSCAPE SETBACK IN ORDER TO PERMIT THE CONSTRUCTION OF A GAS STATION AT 12304 SOUTH ARCHER AVENUE IN LEMONT, ILLINOIS. WHEREAS, Ramesh Gupta of JetSonic, Inc., hereinafter referred to as "the Petitioner ", is the contract purchaser of a parcel, hereinafter referred to as "the subject property ", generally located at 12304 South Archer Avenue in Lemont, Illinois and described in the attached legal notice as "Exhibit A "; and WHEREAS, the Petitioner made application under the provisions of Sections VIII.E.2.i. in the Lemont Zoning Ordinance for a special use and variations to develop a gas station; and WHEREAS, the Zoning Board of Appeals of the Village of Lemont, Illinois, in accordance with said Zoning Ordinance, conducted a Public Hearing on the petition on September 3, 2002; 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 Zoning Board of Appeals has recommended approval of the request for a special use and variations to the Village Board; 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 Special Use Permit and two variations: a variation of the 40' rear yard setback of the building to between 5' and 23.21', and a variation of the 15' rear landscape setback between a commercial and residential property to 5', for the southwest corner of the building. 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. Special Use. A special use is granted Ramesh Gupta, JetSonic, Inc., to allow the construction of a gas station at 12304 Archer Avenue as illustrated in the attached Plat of Survey ( "Exhibit B "), with the following conditions: 1) Hours of operation shall be 5:00 a.m. to 11 p.m. on Sunday through Thursday; and 5:00 a.m. to 12:00 p.m. on Friday and Saturday; 2) Petitioner will work with the Illinois Department of Transportation (IDOT) to make necessary improvements to Archer and McCarthy Roads; and 3) That the special use and variations are based upon this site plan. Section 2. Variations. Two variations are hereby granted at 12304 Archer: a variation of the 40' rear yard setback of the building to between 5' and 23.21', and a variation of the 15' rear landscape setback between a commercial and a residential property to 5', for the southwest corner of the building. Section 3. That this ordinance shall be in force and effect from and after its passage, approval and publication in pamphlet form as provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE, ILLINOIS, on this 23rd day of September, 2002. John Benik Debby Blatzer Peter Coules Connie Markiewicz Steven Rosendal Jeannette Virgilio Attest: AYES NAYS PASSED ABSENT ✓ V RLENE M. SMOLLEN, Village Clerk EXHIBIT "A" LEGAL DESCRIPTION THE NORTHEASTERLY 1.62 ACRES OF LOT 18 (MEASURED SO AS TO GIVE EQUAL DISTANCE ALONG THE NORTH AND SOUTHEASTERLY LINE OF SAID LOT 18) IN COUNTY CLERK'S DIVISION OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN , IN COOK COUNTY, ILLINOIS; EXCEPTING THEREFROM THAT PART OF THE NORTHEASTERLY 1.62 ACRES OF LOT 18 (MEASURED SO AS TO GIVE EQUAL DISTANCE ALONG THE NORTH AND SOUTHEASTERLY LINES OF SAID LOT 18 IN COUNTY CLERK'S DIVISION OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN) DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF LOT 18 WITH THE SOUTHWESTERLY LINE OF SAID NORTHEASTERLY 1.62 ACRES OF SAID LOT 18, SAID INTERSECTION BEING 445 FEET 5 AND 5/8 INCHES, MORE OR LESS, WEST OF THE NORTHEAST CORNER OF LOT 18; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE OF ABOVE- MENTIONED NORTHEASTERLY 1.62 ACRES, FOR A DISTANCE OF 332 FEET AND 1/4 INCH, MORE OR LESS, TO AN INTERSECTION WITH THE SOUTHEASTERLY LINE OF SAID LOT 18, SAID. INTERSECTION BEING 455 FEET AND 5 AND 5/8 INCHES, MORE OR LESS, SOUTHWESTERLY OF THE NORTHEASTERLY CORNER OF LOT 18; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF LOT 18, FOR A DISTANCE OF 75 FEET; THENCE NORTHWESTERLY ALONG A LINE WHICH IS PARALLEL WITH SAID SOUTHWESTERLY LINE OF THE NORTHEASTERLY 1.62 ACRES OF LOT 18, FOR A DISTANCE OF 135 FEET AND 5 AND 1/4 INCHES; THENCE SOUTHWESTERLY ALONG A LINE WHICH IS PARALLEL WITH SOUTHEASTERLY LINE OF SAID LOT 18, FOR A DISTANCE OF 59 FEET, MORE OR LESS, TO A POINT WHICH IS 15 FEET NORTHEASTERLY OF (MEASURED AT RIGHT ANGLES) THE SOUTHWESTERLY LINE OF SAID NORTHEASTERLY 1.62 ACRES; THENCE NORTHWESTERLY ALONG A LINE WHICH IS PARALLEL WITH AND 15 FEET NORTHEASTERLY OF (MEASURED AT RIGHT ANGLES) THE SOUTHWESTERLY LINE OF SAID NORTHEASTERLY 1.62 ACRES TO AN INTERSECTION ION WITH THE NORTH LINE OF LOT 18; THENCE WESTERLY ALONG THE NORTH LINE OF LOT 18 TO THE PLACE OF BEGINNING.