O-24-98 03/23/98VILLAGE OF LEMONT
ORDINANCE NO. 0 o>`f -9?
AN ORDINANCE GRANTING A VARIANCE TO PERMIT A MINOR
VARIATION FOR A SIDE YARD SETBACK REQUIREMENT
(1548 Ashbury Drive, Lemont, Illinois)
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This 23rd day of March, 1996.
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 March , 1998.
ORDINANCE NO. 0 -) qe
AN ORDINANCE GRANTING A VARIANCE TO PERMIT A MINOR
VARIATION FOR A SIDE YARD SETBACK REQUIREMENT
(1548 Ashbury Drive, Lemont, Illinois)
WHEREAS, an application has been filed by Jamme Enterprises, in connection with a
Request for Variation for the property legally described in Exhibit "A" and located at 1548 Ashbury
Drive, Lemont, Illinois; and
WHEREAS, the applicant is seeking relief from the Lemont Zoning Ordinance in order to
reduce a side yard setback for an existing foundation and future home from the required 15 feet to
14.66 feet as required in the R -4 Single Family Residential District; and
WHEREAS, in accordance with Village of Lemont Ordinance 833, an Administrative Public
Hearing before the Village of Lemont Hearing Officer was held on March 10, 1998; and
WHEREAS, a notice of the aforesaid Public Hearing was made in the manner provided by
law and was published in the Lemont Reporter Progress, a newspaper of general circulation within
the Village; and
WHEREAS, the Hearing Officer has recommended approval of the variation 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 adoption of the Hearing Officer's recommendation
regarding the subject property.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the
Village of Lemont, that the petitioner, Jamme Enterprises, be granted a variation in order to allow
a reduction in the north side yard setback for an existing foundation and future home from the
required 15 feet to 14.66 feet, pursuant to Section VII -E -7 -2 of the Lemont Zoning Ordinance, for
a single - family dwelling unit located at 1548 Ashbury Drive in Lemont, Illinois, in conformance with
the site plan attached hereto as Exhibit `B ".
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTY OF COOK, ILLINOIS, on this 23rd day of
March ,1998.
Barbara Buschman
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
Mary Studebaker
Approved by me this 23r
Attest:
AYES NAYS PASSED ABSENT
RLENE SMOLLEN, Village Clerk
arch ,1998.
HA
RLENE SMOLLEN, Village Clerk
Prepared by:
Planning Department
Village of Lemont
418 Main Street
Lemont, Illinois 60439
A NESKI Village President
EXHIBIT A
LOT 22 IN PLAT OF SUBDIVISION OF CHESTNUT CROSSING SUBDIVISION PHASE II,
A SUBDIVISION OF PARTS OF THE NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 37
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,
ILLINOIS, RECORDED AS DOCUMENT #94798380 AND #94925713.
PIN #: 22 -33 -110- 004 -0000
PLAT OF SURVEY
MORRISON SURVEYING CO., INC.
620 Michael Drive. Morris, Mingle 60460 -3000
Phone (815) 5I8-8680 BIZ (815) 941 -8680
or
LOT 22 IN PLAT OF CHESTNUT CROSSING PHASE 0, A SUBDIVISION OF PARTS
OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 37 NORTH, RANGE
11 EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED OCTOBER 31, 1994 AS
DOCUMENT NUMBER 94- 925713 IN COOK COUNTY, ILLINOIS.
LOT 21
133.50
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LOT 23
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Nk MORRISON SLR(E lit C0 INC. do hereby certify that o land w.,.y
hos been ma* under our wpo+Ykn of the abets deseresd property and that
'he plat hereon drown is s comet representation of said sustK DMstano.►
ws Ahern In feet and dadtal parts thereof.
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Compare AN Dimensions And M ienx�
F i an and restrictions shown hereon. Rs/
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SCALE: t w 20 ORDER NO. PCSCC22
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IMPROIEMENTS LOC47ER
Findings of Fact 1548 Ashbury Variance
The variation, if granted will not alter the essential character of the locality, the granting of the
variation will not be detrimental to the public welfare or injurious to other property values or
improvements in the neighborhood in which the property is located, and the variation will not impair
an adequate supply of light and air to the adjacent property or substantially increase the traffic
congestion in the public streets, or increase the danger of fire, or endanger the public safety or the
neighborhood. Given these findings, the Hearing Officer will forward a recommendation of approval
to the Village Board, subject to the building not encroaching into the required setback more thaq the
foundation exists. The variation will be heard by the Village Board at their next regular meeting on
March 23, 1998.
•
Mayor
Richard A. Kwasneski
Village Clerk
Charlene M. Smollen
Administrator
Steven A. Jones
LEMONT
Village of Faith
418 Main Street • Lemont, IL 60439 -3788
(630) 257 -1550
Fax (630) 257 -1598
email: vlemont @aol.com
ADMINISTRATIVE HEARING MINUTES
March 10, 1998
Trustees
Barbara Buschman
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
Mary Studebaker
An Administrative Hearing was held on Tuesday, March 10, 1998 at 10:30 a.m. at the
Lemont Village Hall. The hearing is authorized under Village Ordinance Number 833. In
attendance were the petitioner, Mr. Joe Burdi (homeowner) and Mr. Marty McDonnell
representing Jamme Enterprises. The following staff were also present: Scott Buening,
Administrative Hearing Officer and Lisa Kean, recording secretary.
Property at 1548 Ashbury - Setback reduction for the north sideyard. Side yard
setback is 14.66' instead of the minimum 15' side yard setback requirement of the
R -4 Single - family district.
Notice was published in the Lemont Reporter on February 25, 1998 notifying the public of
the March 10, 1998 Hearing at the Village Hall on March 10, 1998 at 10:30 p.m. A sign
was posted on the property within the correct amount of time. There were 21 out of 28
return receipt cards received from the letters mailed out on February 23, 1998. Petitioner
will give Village the remainder of the cards when he gets them.
There were no other people in attendance to support of object to this petition.
Mr. Marty McDonnell stated that they laid out the foundation in accordance with the PINs
and also used the PIN's from next door and their survey. They also used the PIN for the
front yard and they don't think it was correct. There is 30.2' between the houses. They
meet the setback to the south (back) at 15.06'. They measure 15.32' for a front yard
setback.
Mr. McDonnell stated that he has talked to the neighbors as has Mr. Burdi the
homeowner. The neighbors were more concerned with the safety factor of having an open
foundation and would rather see a house built there. Mr. McDonnell also stated that he
has built many homes in Lemont and did not try to squeeze a bigger house on this lot.
They have a very good reputation in Lemont and this was an honest mistake.
Mr. Burdi, the homeowner, stated that Mr. McDonnell has an excellent reputation and
was extremely clear with the setbacks when he was working with him. This was a honest
mistake. He spoke with the neighbors to the north and the neighbor was very nice about
it.
With no further comments Mr. Buening rendered his decision.
Findings of Fact at 1548 Ashbury Variance
The variation, if granted will not alter the essential character of the locality, the granting of
the variation will not be detrimental to the public welfare or injurious to other property
values or improvements in the neighborhood in which the property is located, and the
variation will not impair an adequate supply of light and air to the adjacent property or
substantially increase the traffic congestion in the public streets, or increase the danger of
fire, or endanger the public safety or the neighborhood. Given these findings, the Hearing
officer will forward a recommendation of approval to the Village Board, subject to the
building not encroaching into the required setback more than the foundation exists. The
variation will be heard by the Village Board at their next regular meeting on March 23,
1998.
The hearing was adjourned at 10:39 a.m.
Minutes prepared by Lisa Kea
2