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O-07-00 01/24/2000ORDINANCE NO. _) "00 ORDINANCE GRANTING VARIANCES TO THE LEMONT ZONING ORDINANCE ( 114 Illinois Street, Lemont, Illinois) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This a-''" day of 2000. 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 M" day of A t ntn1 n 2000. ORDINANCE NO.r c UV ORDLNANCE GRANTING VARIANCES TO THE LEMONT ZONING ORDINANCE ( 114 Dlinois Street, Lemont, Illinois) WHEREAS, an application has been filed by David J. Shestokas in connection with a Request for Variations for property legally described in Exhibit "A" and located at 114 Illinois Street in Lemont, Illinois; and WHEREAS, the applicant is seeking variations from the Lemont Zoning Ordinance; and WHEREAS, the Planning and Zoning Commission of the Village of Lemont, Illinois, in accordance with said Zoning Ordinance, conducted a Public Hearing on the petition on December 21, 1999; and WHEREAS, a notice of the aforesaid Public Hearing was made in the manner provided by law and was published in the Lemont Metropolitan Newspaper, a newspaper of general circulation within the Village; and WHEREAS, the Lemont Planning and Zoning Commission has recommended approval of the variations to the Village Board; and WHEREAS, the President and Board of Trustees of the Village have determined that the best interest of the Village will be served by the approval of the requested variances. 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 l: Variances 1. To allow off - street parking area to be 4 -feet from the side property line adjacent to State Street instead of the required 15 -feet pursuant to Section XII.D.7 of the Lemont Zoning Ordinance. 2. To allow off street parking spaces to open directly on an alley right of way with total driveway frontage being 70 feet wide instead of maximum permitted 35 feet, pursuant to Section XII -D -4 of the Lemont Zoning Ordinance. SECTION 2: Conditions of Approval The Variances shall be subject to the following conditions: 1. The project shall be built substantially in conformance with the site plan, attached as exhibit "5" except as such plans may be changed to conform to Village Codes and Ordinances. 2. A revised site plan shall be submitted for staff review and approval, prior to the issuance of a building permit, which depicts the species, caliper and height of the various plantings to be installed within the subject property. The revised plan shall comply with all current development standards in the zoning ordinance, with the exception of the variations approved herein. 3. Post a "right turn only" sign in the alley. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTY OF COOK, ILLINOIS, on this a\k`V'N day of_ 2000. John Benik Debby Blatzer Keith Latz Connie Markiewicz Rick Rimbo Mary Studebaker Approved by me this AYES NAYS PASSED ABSENT V V V ✓1 Ai/ J ARLENE SMOL EN, Village Clerk ARLENE SMOLLEN, Village Clerk VED ORM !iZ L a S, Village Attorney Prepared by: Planning Department Village of Lemont 413 Main Street Lemont, 11 60439 2000. A. KWASNESKI, Village President EXHIBIT A LOT 1 AND THE EAST 12 FEET IN LOT 2 N BLOCK 7 IN THE VILLAGE OF LEMONT, BEING A SUBDIVISION OF SECTION 20, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, EXCEPT A TRIANGULAR PART OF LOT 1 IN BLOCK 7 N THE VILLAGE OF LEMONT , BEING A SUBDIVISION OF SECTION 20, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL, MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGNNNG AT THE NORTHEAST CORNER OF LOT 1; THENCE SOUTHEASTERLY ALONG THE EAST LINE OF AFORESAID LOT 1, A DISTANCE OF 15 FEET TO A PONT; THENCE NORTHWESTERLY IN A STRAIGHT LINE TO A POINT N THE NORTH LINE OF AFORESAID LOT 1, SAID PONT LYNG 5 FEET SOUTHWESTERLY OF THE NORTHEAST CORNER OF AFORESAID LOT 1; THENCE NORTHEASTERLY ALONG SAID NORTH LINE, A DISTANCE OF 5 FEET TO THE PONT OF BEGINNING; CONTAINING 38 SQUARE FEET (0.0009 ACRE), MORE OR LESS, ALL N COOK COUNTY, ILLNOIS. PIN #: 22 -20 -314- 005;006; 6 18' ± r Z , C • rr z .751 5 -5) ILLINOIS .siue 'WALK Village Chairman Thomas J. Metzger Commissioners Paul Bruce Katherine H. Murphy Ellen Pearson Jerry Ptacek Ronald J. Stapleton Scott Studebaker Village of Lemont PLANNING & ZONING COMMISSION 418 Main Street • Lemont, IL 60439 of Faith Mayor Richard A. Kwasneski and Board of Trustees Village of Lemont 418 Main Street Lemont, IL 60439 RE: Case Number 99.36, 114 Illinois Street - Rezoning and Variation requests Dear Mayor Kwasneski and Village Trustees: The Planning and Zoning Commission conducted a public hearing on the above noted case at the December 21, 1999 meeting. David Shestokas, the petitioner and owner of the subject property located at 114 Illinois is requesting: 1) Rezoning of property at 114 Illinois from R -4, Single Family Residence District to B -3, Arterial Commercial District 2) Variation to allow off - street parking area to be 4 -feet from the side property line rather than the required 15 -feet. 3) Variation to allow off - street parking area to open directly onto alley with frontage of 70 -feet, rather than the maximum driveway width of 35 -feet. The Commission heard testimony from the Village Planner and the petitioner. The Commissioners generally felt that the proposed use of the existing house for professional offices was appropriate, and their only major concern was with vehicle access to the site. Following careful review of the petition, the Planning and Zoning Commission's vote to recommend approval of the Rezoning and Variations passed by a vote of 5 -0 with 4 conditions. Sincerely, Tom Metzger, Chairperson Planning and Zoning Commission PLANNING & ZONING ROUGH DRAFT MINUTES DECEMBER 21, 1999 The meeting of the Lemont Planning & Zoning Commission of the Village of Lemont was held on Tuesday, December 21, 1999 at the Village Hall. The meeting was called to order at 7:04 p.m. by Chairman Tom Metzger. The following Commissioners were present: Paul Bruce, Ellen Pearson and Ron Stapleton. Absent: Katherine Murphy, Jerry Ptacek and Scott Studebaker. The following staff was also present: Andy Fitz and Lisa Friedley. A motion was made by Ms. Pearson and seconded by Mr. Bruce to approve the November 16, 1999 minutes. Motion carried 4 -0 by voice vote. Mr. Ptacek arrived at 7:07 p.m. PUBLIC HEARING A. A motion was made by Mr. Bruce and seconded by Mr. Studebaker to open the Public Hearing case number 99.36 Request for Rezoning from R -4 to B -3 Arterial Commercial District and 2 Variations to the Lemont Zoning Ordinance at 114 Illinois Street. Motion carried 5 -0 by roll call vote. Mr. Fitz said that the petitioner would like to move his law firm into the existing residential home. The petitioner is proposing seven parking spaces along with the demolition of the existing garage and fence. By code, six parking spaces are required. Mr. Fitz said that a limestone pillar monument sign is proposed on the corner of Illinois Street and State Street and a directional sign is proposed on State Street by the alley entrance. Some landscaping on the site is also proposed. Mr. Fitz said that the estimated traffic to the site should be fairly low, and although traffic in the alley is not an ideal situation, an alternative does not exist. Mr. Fitz said that the petitioner does not plan to construct a retractable wall as stated in staff comments, but will have to make minor modifications to the bathroom. Petitioner Dave Shestokas said that the office will consist of himself, his partner Jim Pastor and a receptionist, with a couple of associates 1 hopefully to follow in the future. Mr. Shestokas said that he and his partner are in court four days out of five and there will not be a lot of client traffic. Mr. Shestokas said that two different companies are working on the design of the signage. Ms. Pearson said that she is concerned about traffic turning left onto State Street and suggested making the alley "right turn only" onto State Street. Mr. Stapleton said that there could be a problem for someone waiting to turn left and someone wanting to turn into the alley. Mr. Shestokas said that he spoke to Vic Markiewicz about parking and there is the possibility for extra parking at the funeral home. Chairman Metzger asked if limestone will be incorporated into the monument sign. Mr. Shestokas said definitely. Mr. Shestokas said that he will fill in and finish the area with stone from the garage tear down and will also clean up the stone. Chairman Metzger asked if there is certainty that there will be no damage to the existing tree due to the construction of the proposed parking lot. Mr. Fitz said that if the site plan is approved, that calls for preservation of the tree with tree protection and fencing. Mr. Fitz said that the Commission can make it a condition that the location of the tree is verified on the site plan. Mr. Shestokas said that he wants to preserve the tree and will do whatever necessary to save it. Mr. Bruce said that he would like to see a "right turn only" sign exiting the alley. The Commissioners agreed that the alley should be bi- directional and right turn only onto State Street. Mr. Shestokas said that he has a demolition permit from Cook County for the garage, which will be removed in conjunction with the removal of Jeff Guzlas's garage and is weather permitting. Mr. Shestokas said that the minor interior work will start next week, as that is not contingent upon rezoning approval. A motion was made by Ms. Pearson and seconded by Mr. Ptacek to close the Public Hearing. Motion carried 5 -0 by roll call vote. The Commissioners agreed to amend and add the following staff recommendations: • Change exhibit "C" to exhibit "5" and guarantee protection of the existing Norway Maple tree as part of exhibit 5. • Construct the 50 square foot monument sign with limestone pillars. • Post a bi- directional right turn only sign in the alley. • Approval shall be granted for the proposed use as a professional office building only. A motion was made by Mr. Bruce and seconded by Ms. Pearson to approve case number 99.36 Request for Rezoning from R -4 to B -3 Arterial Commercial District and 2 Variations to the Lemont Zoning Ordinance at 114 Illinois Street along with staff recommendations and changes as amended. Motion carried 5 -0 by roll call vote. AGENDA Jan. 4 Canceled Jan. 18 Zoning Ordinance Amendments Unique Use at 332 Main Street A motion was made by Mr. Bruce and seconded by Mr. Stapleton to adjourn the meeting. Motion carried 5 -0. The meeting adjourned at 7:55 p.m. Lisa Friedley Secretary Planning & Zoning 3 TECHNICAL REVIEW DECEMBER 16, 1999 114 ILLINOIS STREET REZONING Present: John Fincham, Andy Fitz, Lisa Friedley, Bob Porter, Jim Pastor and Randy Wilke. (other Fire guy) Mr. Fitz said that aside from erecting signage and taking down the existing fence and garage to construct the parking lot, no other site improvements are proposed. Mr. Fitz asked about the number of employees. Mr. Pastor said four to five, plus the kitchen may be rented out. Mr. Fitz told the petitioner that the parking issue may come up at the Planning & Zoning meeting and the Village Board meeting, due to the limited number of spaces and the number of employees and clients. Mr. Pastor said that they are not going to knock down the interior wall and put up a retractable wall. Mr. Fincham said that he went through the building with the architect and there may be some structural issues in the basement. Mr. Fincham said that a fire alarm system is required as well as a demolition permit from Cook County for the garage. Mr. Porter said that the building is located in a dangerous site for clients due to the amount of traffic in the area. Mr. Porter suggested that the petitioner make arrangements with Vic Markiewicz for auxiliary parking at the funeral home. Mr. Wilke said that a fire alarm and burglar alarm are both required and have to be on a separate system. The meeting ended at 9:47 a.m. Lisa Wuethrich Recording Secretary P / R-1 PUD so 3 4410 O.. JO ov-- , . 0! . 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IN i '. •'� �• /E ,111,■ ■-� ..� i„ _ � �� �►:.��:�'�i.�'�• ■� ��.'r� -..- -14EL111 V19111 3. ] •. rte■ r � mu � � _....� WPM= = IL = - maw � � ip am ar me al 1111111- :. •e .... la 111111 ..___________ ,,,•1111nuninr. a----: mu! ii.__,- = i S • 4 I 40 11111 - //4-----ilipinunnurii VAI 2.-- 1111 1I ,�i/ �il�► 4auIIE 11 EF!IE �g-IUIiU1J!p$p4J1j� �r . o� �, mom MN .a .-' _ �`°� ���= .-: � Iit1111/ = * �I ' NA; LIIIIIIE _ 41111121��� b �■ Nik_res- _ = = = 1111iIjjj1IIIIUhIIII 1" :���#*f ., - - - _: ■ ��� 11111111 ZS .�,_. �., � 11= = i — IIIIIIIilililzgra 1I4 ��1� , „. = -- JI!!1H!iflflP'i� !'.*g 0 ..__.�____[ [14 .............,.. STAFF REPORT PLANNING AND ZONING COMMISSION Prepared by Andrew Fitz, 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 Exhibits 99.36 December 21, 1999 David J. Shestokas 1) 2) 3) Rezoning of property at 114 Illinois from R -4, Single Family Residence District to B -3, Arterial Commercial District Variation to allow off- street parking area to be 4 -feet from the side property line rather than the required 15 -feet. Variation to allow off- street parking area to open directly onto alley with frontage of 70 -feet, rather than the maximum driveway width of 35 -feet. 114 Illinois Street 22 -20- 314 -006 & 22 -20 -314 -005 0.24 acres (approx. 10,200+ sq ft.) 116 feet along State Street 68 feet along Illinois Street R -4, Single Family Residential North, B -3, Lemont Reporter Newspaper Offices South, R -6, Multiple Family Residential East, R -4, St. Matthew's Church West, B -3, Markiewicz Funeral Home Location/Zoning Map. Plat of Survey. Site Plan. Site Plan overlaid with Plat of Survey. Revised Site Plan. (12/10/99). ** A revised plan was submitted after this report was written which contains some minor revisions to the parking lot design. The handicapped accessible stall has been shifted to the south, and the concrete walk has been extended to this area as well. CHARACTER OF I HE AREA The immediate area is one of the primary and perhaps most picturesque gateways into the community. It has undergone significant changes in recent years with the reconstruction State Street. In addition, the property directly to the south of the subject property, 308 State Street, was recently rezoned to the R -6, Multiple Family District to facilitate the teardown of an unsightly structure, and it's replacement with an attractive brick and limestone two -flat residence. This area is highly trafficked and predominantly zoned for commercial uses, evidenced by the Centennial Building to the north, which is the home of the Lemont Reporter Newspaper, and the Markiewicz Funeral Home to the west. HISTORY OF THE PROPERTY This home is somewhat of a Lemont landmark in that it was the original residence of Mayor McCarthy, who served as Mayor in Lemont from 1893 -1896. The property was recently rehabbed and sold this year to the petitioner, Mr. Shestokas. The previous owner of the property, Sandra Cummings, appeared before the Commission on October 27, 1998 for a pre- application to rezone to the property to a commercial classification. Although the Commission felt that a commercial classification was most likely appropriate for the property, there was a decided reluctance at that time to grant a blanket zoning approval to a property for which there was not yet a proposed use or user. DEVELOPMENT PROPOSAL The petitioner is requesting a rezoning of the property to a commercial classification, along with two variation requests relating to the construction of a parking lot, so that the building may be used for professional offices, specifically for the law offices of the petitioner and his associates. Some minor interior structural changes are proposed, which will require approval from the Building department. The petitioner plans to remove an interior wall and replace it with a retractable wall, to provide an area that can be easily be transformed from private offices to a larger meeting room and vice versa. The existing garage (approx. 485 sq ft) is also proposed to be demolished and replaced with seven (7) parking stalls (6 are required per code). An existing fence that currently causes a visibility problem for vehicles exiting off of the alley onto State Street will also be removed. Although the alley itself is not an ideal means of ingress /egress to the property, a practical alternative does not exist. Landscaping will be installed to act as a visual screen for the parking lot, as well as additional plantings throughout the site. The landscaped area at the intersection of the alley and State Street will need to be reduced to comply with the minimum 15 -foot sight distance requirements. Two signs are also proposed - a 50 -foot monument at the corner of State and Illinois Streets (plans for the monument sign have not been submitted, but the petitioner has stated the intent to incorporate limestone pillars into the design - similar to those installed throughout the downtown area), and a directional sign by the alley entrance (the directional sign will need to be reduced to 4 -feet in height and area per current sign code). COMPREHENSIVE PLAN The Comprehensive Future Land Use Plan Map designates this area as 'Downtown ", to be possibly developed with commercial, multi - family, or a mix of uses. The Plan defines the Downtown Zoning designation as one in which, "...the land uses... allowed... should be flexible [and the] bulk regulations should reflect existing building heights, building setbacks, floor area ratios... ". PUBLIC RESPONSE No calls or other inquiries have been received. STAFF RECOMMENDATION The Staff's Recommendation may be based on the following elements and considerations: the Comprehensive plan, Illinois Zoning and Planning Statutes, Case Law, the Zoning Ordinance, other applicable village ordinances, input from various village departments and personnel, and professional expertise and knowledge of urban planning practices and principles. It has not incorporated public and/or expert testimony or new and better information presented during public hearings/proceedings on the petition. The Staff's Recommendation is subject to change and modification and should not be construed to be fmal and irrevocable. Staff generally feels that the property is well suited for limited commercial uses, due to it's location adjacent to other commercial uses and it's visibility from and frontage along a major arterial, such as State Street. The proposed office use is ideal in that it will not generate significant traffic, and it will preserve the residential identity of the property. In essence, the proposal is an "adaptive re -use" of the existing structure. Staff recommends approval of the rezoning and variations with the following conditions: 1) that the project shall be built substantially in conformance with the site plan, attached as exhibit "C" except as such plans may be changed to conform to Village Codes and Ordinances; 2) that the variation approvals are specifically tied to the proposed use of the existing building for professional offices; 3) that a revised site plan shall be submitted for staff review and appproval, prior to the issuance of a building permit, which depicts the species, caliper and height of the various plantings to be installed within the subject property. The revised plan shall comply with all current development standards in the zoning ordinance, with the exception of the variations approved herein.