O-55-97 10/13/97Pi
ORDINANCE NO. �Z7
ORDINANCE GRANTING VARIANCE
AT 127th STREET and CHESTNUT CROSSING
(Our House Studio)
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This /3 °v day of , 1997.
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 /c)
day of ,' - z J , 1997.
ORDINANCE NO .0— 55 —77
ORDINANCE GRANTING VARIANCE
AT 127th STREET and CHESTNUT CROSSING
(Our House Studio)
WHEREAS, an application has been filed by Greg Messer of Combined Management, Inc.
in connection with a Request for Variation for the property legally described in Exhibit "A" and
located on the southeast corner of 127th Street and Chestnut Crossing in Lemont, Illinois; and
WHEREAS, the applicant is seeking relief from the Lemont Zoning Ordinance of 1980
(No.426), for Variance to permit a 15 foot sideyard setback from the eastern property boundary line,
in lieu of the minimum 20 foot setback standard, pursuant to Section VIII -6 -b of 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 September
2, 1997 and September 16, 1997; 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 Lemont Planning and Zoning Commission has recommended approval of
the variance 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 variance subject to certain
conditions.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE, AND
WILL, ILLINOIS, that the petitioner, Greg Messer of Combined Management, Inc., be granted the
following:
SECTION 1: Variation.
Variance to allow a 15 foot sideyard setback from the eastern property boundary, in lieu of
the minimum 20 foot setback standard, pursuant to Section VIII -6 -b of the Lemont Zoning
Ordinance.
3. The landscape buffer, as stated under Village Ordinances, shall be maintained at a
minimum of five (5) feet in height, to a maximum of eight (8) feet in height adjacent to the
east property line at the parking lot. The installation of the landscape buffer in the
drainage and utility easement shall be at the risk of the developer and shall be the sole
obligation of the owner to replace if the Village requires removal of all, or a portion of the
entire buffer, to service or maintain the drainage and utilities in the easement.
As outlined in the Village of Lemont Parking Regulations, based on the unique use of the
proposed development, the Planning and Zoning Commission has approved the site plan reflecting
a total of 26 parking spaces, including two (2) handicapped spaces.
The petitioner is also requesting approval of a Plat of Consolidation and 15 foot drainage and
utility easement vacation, that currently separates the parcels to be consolidated. There are no
utilities presently located in the easement.
ATTACHMENTS:
1. Area Map.
2. Site Plan
3. Staff Report.
4. Land Use Application.
5. Minutes from the September 2 and September 16, 1997, Planning and Zoning Commission.
6. Plat of Consolidation
LEMONT
Village of Faith
Terry Duffy, Chairman
Gary D. Gray
Thomas J. Metzger
Katherine H. Murphy
Ellen Pearson
Ronald J. Stapleton
Scott Studebaker
PLANNING & ZONING COMMISSION
418 Main Street, Lemont, I1 60439 -3788
Mayor Richard A. KwaFfl ki and
Board of Trustee-;
Village of r.cmont
418 Main Street
Lemont, IL 6043
ate: 97.21, Our Houoc Music studio, requesting a vdziance to the
minimum oidcyard setback requirements, tug the property 1
the southeast corner of 127th Street and Chestnut VroSsin9, Lemont,
Xllinois.
Dear Mayor Kwasneski and Village TrubteeS .
The Planning and ZQniny Commiaaion conduCLed a public hearin
t) above noted case on September 2 and SepteMber 16, 199,', 9 he
petitioner, Greg Mcoscr, Combined Management i The
variance to tho minimum eidey. d setback std,tad,:dv, re y esti g ra 15
foot sideyard setback from the eastern property boundary, in ;Lieu
of the minimum 20 foot eel.bdck standard.
The petitioner' a plans c;c,aist of
toot, three (3) t,tucy building, a 13,:�UV vyuare
acoustical production. 9, apc�.itica►12y aewiyl,eu xor
The Commicclon heard testimony by the Petitioner. No mcnbcrd from the public spoke r Per • arai�v the
proposal. Following the review of the proposed e y the
parking the Planning and .zoning commission �• pi v iz and ror
the rezoning, vLed -v iii tavar or
,Terry Huff
Lemont Plannin9R and ezoning Commission
ncerely
LEMONT
Village of Faith
PLANNING & ZONING COMMISSION
418 Main Street, Lemont, 11 60439 -3788
MINUTES
SEPTEMBER 2, 1997
Terry Dub, Chairman
Gary D. Gray
Thomas J. Metzger
Katherine ll. Murphy
Ellen Pearson
Ronald J. Stapleton
Scott Studebaker
The meeting of the Lemont Planning & Zoning Commission of the Village of
Lemont was held on Tuesday, September 2, 1997, at the Village Hall. The
meeting was called to order at 7:00 p.m. by Chairman Terry Duffy. the following
commissioners were present: Tom Metzger, Katherine Murphy, Ellen Pearson,
Ron Stapleton and Scott Studebaker. Gary Gray arrived at 7:15 p.m. The
following staff were also present: Jim Perry and Lisa Wuethrich.
A motion was made by Mr. Studebaker and seconded by Mr. Metzger to approve
the minutes of the August 19, 1997 meeting. Motion carried 6 -0.
PUBLIC HEARING
A motion was made by Mr. Metzger and seconded by Mr. Stapleton to open the
Public Hearing case number 97.21 Request for Variance to allow a 15 foot
sideyard setback in lieu of a 20 foot sideyard setback requirement at 127th
Street and Chestnut Crossing Drive, known as Our House Music Studio. Motion
carried 6 -0 by voice vote.
Mr. Perry said that the property is zoned B -3 and is currently part of two parcels.
As a part of this project, there will be a plat of consolidation of the two parcels
with the vacation of an easement. Mr. Perry said that the petitioner is requesting
a sideyard variance from the required 20 feet to a setback of 15 feet at the
eastern boundary. Mr. Perry added that since this proposed business is unusual
and a unique use in the Village, the Commission has the authority to determine
the number of parking spaces required.
Mr. Perry read staff comments:
1. No permanent structure or walkway shall encroach into the drainage and
utility easement.
2. The total number of parking spaces shall be recommended by the
Commission, with a current proposal of 20 spaces and one handicap space.
Going by Village Ordinance as determined by the square footage of the building,
about 49 parking spaces would be required. Staff feels 49 spaces is excessive.
3. The landscape buffer is required by Village Ordinance to maintain a minimum
of five feet in height with a maximum of eight feet in height.
4. A plat of consolidation and the vacation of a platted easement, centered on
the property, will be required prior to permits being issued.
The petitioner, Greg Messer, addressed the variance request by saying that
proportionate sizes need to be maintained for acoustics, which is why the
building could not just be made smaller.
Mr. Messer said that there will be no walk -in business, everything will be by
appointment only. There will be suites downstairs for commercial use, three
studios on the first floor and private offices on the second floor. Mr. Messer said
that they are not looking for exposure by signage, so signage will be kept low
key.
Ms. Murphy asked if there is more parking available on site. Mr. Messer said no,
but there is street parking and parking on the street stubs.
The commissioners and Mr. Messer extensively discussed various on site
parking space options.
Mr. Gray said that the Commission can put a contingency on the business,
suggesting that they grant 21 parking spaces as a variance based on a specific
use, and if the use of the property changes, the variance is no longer granted,
and something else would need to be done.
The general feeling of the Commission is that there is not a problem with the
variance request, but there is a concern with the parking.
A motion was made by Mr. Gray and seconded by Ms. Murphy to continue the
Public Hearing to the September 16, 1997 meeting. Motion carried 7 -0 by roll
call vote.
Mr. Metzger said that he will not be able to attend the September 16th meeting
and would like it noted for the record that he is in favor of the project and does
not have a problem with the variance request, but he would like to see a
contingency on the parking.
OLD BUSINESS
Mr. Perry said that at the last Committee of the Whole meeting, Mr. Meyer
spaces can be put in behind the eastern building.
Mr. Perry said that if partial rezoning is granted, the existing building will become
noncomforming and a variance will be required.
Mr. Studebaker asked Mr. Schiera if he had explored other parking options. Mr.
Shiera said that he had discussed several options with staff, and that it was not
feasible.
John Kickles, representing St. Patrick's Church, said that he is concerned with
the alley traffic and the school children, as there are already existing alley traffic
problems.
Norma Johnson, President of the Lemont Historical Society, objects to changing
the zoning and thinks the property should be kept residential and part of the
historical area. Ms. Johnson handed Mr. Perry what she called a "resolution."
Andrew Malak, of 230 Illinois Street, said that he is opposed the plan and said
that there is no purpose for this in a residential area. He said the proposed
development will add to the drainage problems and flooding that already exist at
his house and at the Historical Society.
PJ Fitzgerald, of 508 State Street, said that B -2 carries with it the right to put up
signs and that concerns her. She inquired where a handicap space would be
put.
Karl Wend, of 217 Cass Street, said that there is already too much traffic with
the school children running in the alley and trucks driving through the alley.
A motion was made by Mr. Stapleton and seconded by Mr. Studebaker to close
the Public Hearing. Motion carried 4 -0.
A motion was made by Ms. Pearson and seconded by Mr. Stapleton to continue
the Public Hearing to the October 7, 1997 meeting as a Workshop. Motion
carried 4 -0 by roll call vote.
OLD BUSINESS ?AV"
1f Z
A 97.21 Request for Variance at 127th Street and Chestnut Crossing Drive for
Our House Music Studio. Continued from September 2, 1997 Public Hearing.
The petitioner, Greg Messer, said that they addressed the parking concerns
brought up at the September 2, 1997 meeting by making room for four additional
parking spaces and increasing the handicap spaces from one to two. He stated
that the building was not moved and that they were still able to maintain the
outdoor lounge areas. Mr. Perry reminded the commissioners that the petition
being requested is for a sideyard setback variance not a parking variance.
Mr. Perry said that he talked to John Antonopoulos and he did not agree to the
conditional parking across the street, stating that he was not comfortable
supporting a condition that legally could not be held.
Mr. Perry said that he calculated a breakdown of parking based on a floor by
floor use and came up with 22 proposed spaces. The petitioner is now proposing
26 parking spaces, with two handicap spaces, which exceeds Mr. Perry's
estimation.
A motion was made by Mr. Stapleton and seconded by Mr. Studebaker to close
the Public Hearing. Motion carried 4 -0 by roll call vote.
A motion was made by Mr. Studebaker and seconded by Ms. Pearson to
approve case number 97.21 Request for sideyard setback Variance from 20 feet
to 15 feet, for the property located on the southeast corner of 127th Street and
Chestnut Crossing Drive known as Our House Music Studio, with the Planning &
Zoning Commission giving parking approval for 26 spaces. Motion carried 4 -0 by
roll call vote. b
Mr. Perry stated that the petitioner needs to go through a plat of consolidation
and has to meet the landscaping buffer requirements.
A 97.25 Request for Amendment to Section V and Section XIII -B of the Zoning
Ordinance - Signs, Billboards and Advertising. Continued from August 19, 1997
Public Hearing.
Mr. Perry said that John Antonopoulos recommended amendments to Article VIII
by adding sections d and e and numbers 1 through 7.
Mr. Perry said that the intent of the amendment was to tighten signage
regulations as it pertains to billboards.
A motion was made by Mr. Studebaker and seconded by Mr. Stapleton to close
the Public Hearing. Motion carried 4 -0 by roll call vote.
A motion was made by Ms. Pearson and seconded by Mr. Stapleton to approve
case number 97.25 Request for Amendment to Section V and Section XIII -B of
the Zoning Ordinance - Signs, Billboards and Advertising. Motion carried 4 -0 by
roll call vote.
AGENDA
PLANNING AND ZONING COMMISSION
STAFF REPORT BY JIM PERRY
September 2, 1997
GENERAL CASE FILE
Case Number
Petitioner
Request
Location
Parcel Number
Size
Street Frontage
Current Zoning
Contiguous Zoning
Current Land Use of
Subject Property
Contiguous Land Use
Subject Property
Comp Plan Designation
Exhibits
97.21
Our House Music Studio, Combined
Management, Inc. (Beneficiary)
Side yard setback variance
SE corner of 127th Street and
Chestnut Crossing.
22 -33- 107 -001 & 22 -33- 107 -002
.920 acres
132.80 (along 127th Street)
301.13 (along Chestnut Crossing)
B -3, Commercial District
North - B -3, Commercial District
South - R -5, SF Attached Residential
East - Residential, Unincorporated
Cook County.
West - B -3, Commercial District
Vacant
North - Professional Office
South - Vacant. Platted as an Outlot. Potential
Town home development.
East - Single Family Residential
West - Vacant
Professional Office and Commercial
Land Use Application, Location Map,
Site Plan, Subdivision Plan.
CHARACTER OF THE AREA
The 127th Street corridor, both East and West of State Street, historically has been residential in
nature. The recent construction of Jewel/Osco, west of the subject property, has changed the
character and makeup of this corridor emphasizing the commercialization of the surrounding
property.
The subject property is characterized as a potential for small business with low traffic generation.
The property to the east and to the west of the Chestnut Crossing commercial lots are
undeveloped single family homesteads and will someday be developed as commercial.
HISTORY OF THE PROPERTY
The subject property was platted as part of the Chestnut Crossing Subdivision in September,
1994. Formerly, County Clerk's Division, with lot sizes ranging from 5 to 10 acres.
VARIATION REQUEST
The petitioner's request is for a variation to the minimum 20 foot side yard setback standard,
reducing the setback to reflect a 15 feet sideyard from the property line. The minimum 20 foot
standard is enforced in situations when commercial zoning abuts residential zoning, restricting
minimum yards for buffering purposes. The property to the east currently is occupied by a single
residence, however, the Village has identified the 127th Street corridor as commercial for
approximately 300 feet adjacent to the roadway, giving the property to the east a potential
commercial use at some future date.
PUBLIC RESPONSE
There have been few inquiries from the public regarding this case. Most of the questions were
regarding the proposed use and zoning of this site and the 127th Street corridor.
EVALUATION
The Comprehensive Plan emphasizes the clustering and concentration of retail development at the
intersection of 127th Street and State Street. The Plan also emphasizes avoiding strip or linear
retail development along arterial roads, and if retail development is limited to and clustered, at
these locations, the success of these retail centers will be enhanced.
The Comprehensive Plan addresses this area as an excellent location for future development for
office /research or commercial development opportunities. An appropriate buffer between the
single family development and the commercial area along the 127th Street corridor shall allow the
development to work in harmony with neighboring single family residential. A landscaped
drainage way corridor or medium density housing would service as an appropriate buffer between
the commercial and single family uses.
STAFF RECOMMENDATIONS
Following a thorough review of the project and the variance request, staff feels comfortable in
recommending a favorable staff opinion of the variance. The variance request is not unreasonable
given the nature of the property to the east and the unique nature of the proposed project. Staff
recommends approval of the variance based on the following recommendations;
The development shall substantially conform to the site plan attached hereto as Exhibit "A ",
except as such plans may be changed to conform to the Village codes and ordinances;
No permanent structure or walkway shall encroach into the drainage and utility easement;
The total number of parking spaces shall be recommended for approval by the Planning and
Zoning Commission to determine the conformity;
Parking:
Full Size spaces: 9' X 18' 20
Handicapped spaces 1
Total spaces 21
The landscape buffer is required by Village Ordinance to maintain a minimum of 5 feet in height,
to a maximum of 8 feet in height. The installation of the landscape buffer in the drainage and
utility easement shall be at the risk of the developer and shall be the sole obligation of the owner
to replace the landscaping if the Village requires removal of all, or a portion of the entire buffer,
to service or maintain the drainage and utilities in the easement;
A plat of consolidation and the vacation of a platted easement, centered on the property, will be
required prior to permits being issued.
LEMONT
Community Development Department
BUILDING. • PLANNING • ZONING • REHABILITATION • HEALTH
en mein Street *.Lamont. It 110`14.37811
(701) 2674421
Wises Fade LAND USE APPLICATION
APPUC.\4T: r- "MBi `M r∎r 1. .1G (T3EtJi!✓ICtA�/'
ADDRESS: iZ 1.• 1 — 13c VS-Li CITY: et_gpe.KS■' Lt.. C-
PLEASE CHECK ONE OF THE FOLLOWING;
_ Applicant is the owner of the subject property „•_Applicant is the contract purchaser of the subject property
and is the signer of this application. and hat attached a copy of said eaturact to this application.
PHONE: S73. 242--39c33
STATE /ZIP: Y'-(c' 3 53 C..
Applicant is acing on behalf
of the bcnedciarf of a trust.
In :he evert that the subject property is held in trust: a notarized letter from in authorized trust officer identifying the applicant as sa authorized individual acing
behalf of :be beneficiaries and providing the name.•address and prrcentage.ofintercat of each benoaciary is attached to this ezecited application_
SUBJE:7 PRCPERTY INFORMATION: .
Loeac`cn: 5E CAD .-nrE _ 12-71 STfae -E-r ¶ Ct- ;•ESrt TT- ceoSS««tZ> t .
Number o! Acres: (:)-,i(e. Tax. Parcel res. .223it0'7001 ezz33to-rpesZ
The following documents have been attached: • . .
✓Le ;z1 Description ✓Last of surrounding property owners ";Preliminary. Plat S
_Preliminary Plan ales Contras
!Plat of Survey Site Plan_ ',Final Plat __Flail Plan Bank Trust Later •
TYPE OF REOUESTED ,ACTION:
Please check one of the following:
A. ANNEXATION _Annexation Petition C.ZONING RELATED: Rezoning Petition from to
_Aonezalioa Agreement Special Use Application
B. DEVELOPMENT/ ,Prelim _Plan Plat D. MISCELLANEOUS: County Case Review
SUBDIVISION _Final Pisa Plat Curb -cut request onto a limited acceu freeway
Submitted with this application is the required altni fee. The applicant understands that the fee is won- refundahle. Please confirm the fcc amount with the Plan:.::
Staff if there are any questions. S
Notification _ to the Will-South Cook Soil Conversation District.
Endangered Species Am Report to Illinois Department of Conversation
QUALIFYING I'ATEytEYT OF AFFIXATION; �;45tr --t te�1T- VAG.e+ —rto1J — t-,�T GoNSc�rDA- Ttcc}.(
ref statement esentuag Inc proposed evvealbop ant:
Number of dwelling units Type of Unit Please attach additional sheets if necessary.
Specifically requested variations to Village Zoning and Subdivision Ordlaaoces:
AUTHOR RATION:
I nereoy affirm that t have full legal capacity to authorize the Ming of ibis
and that all information and exhibits herewith;upgtifad car train correct
knowledge. The applicant invites Village represetigdcat to all name*
investigations of the subject property during the period of this a
STATE OF lG (-/X)C /S *9 7
COUNTY OF (2G�l�
DATE
Lion
the best of my
iaspe boas and
don_
��f•p.
NATURE OF APPLICANT
1. the undersigned, a Notary Public in and for the
said County and State aforesaid. do hereby certify that �,P,F:(d... n��Cz.
is personally (mown to me to be the same person whop name :Iltatbe ibedto the foregoing instrument.
and that said person signed. sealed and delivered the above peti}ion u a free and voluntary act for the
uses and purposes set forth.
"OFFICIAL AT -
FFICIAL FE'
DONNA L CULLEN
Notary Ptao. 8tase of II
b r u1mFx s7
Given under my hand and notary seal this.2 day of?�: A.D. 19 My commission expires day of A.D. 1997
•
RECEIVED 8Y PLANNING DIVISIO{•t:
DATE
RECEIPT NO.: AMOUNT RECEIVED BY (PLANNING PERSONNEL)
White Copy: Planning
Yellow Copy: Village Treasurer Pink Copy: Village Clerk
Goldenrod Copy: Applicant
.JUN-30-199? 10:35 FROM
TO 121.ieii'r• ►
COMMUNITY DEVELOPMENT DEPARTMENT
Village of Lemont
418 Main Street, Lemont, Illinois 60439
Telephone: (708) 257 -1580
REQUEST FOR VARIATION
A VARIATION IS HEREBY REQUESTED IN CONFORMITY WITHTHE POWERS VESTED IN THE BOARD TO PERMIT
'iot L-2I t4 acN's-tit.•-z404 ON THE PROPERTY DESCRIBED BELOW.
(use of construction proposed)
APPLICANT: C-o4BI 'QED -NfAc0 -(�tJT i t'G PHONE: S'73 - 242_ -3933
ADDRESS: IZT 1 BC3< 1 S CITY: CA-Kest/1 LL STATE /ZIP: M C✓ (0333(0
PLEASE CHECK ONE OF THE FOLLOWING:
Applicant is the owner of the subject property
and is the signer of this application
`'/ Applicant is acting on behalf of the beneficiary
of a trust
Applicant is the contract purchaser cf the subject property
and has attached a copy of said contract to this application.
In the event that the subject property is held in trust, a notarized letter from an authorized trust officer identifying the
applicant as an authorized individual acting in behalf of the beneficiaries and providing the name, address and percentage of
interest of each beneficiary is attached to this executed application.
SUBJECT PROPERTY INFORMATION:
A ✓i'.16S 35A IJC ,'r5 TRH
NAME OF OWNER(S): Ut4DET .±t t095$ (Co►- itsi+.)E8 M/MlllGctitiDTTe C.- BENIkftct )
LOCATION /ADDRESS: SE Coati' (2�TU`S'i tr et -fE51 J UT G(2s�5S t t�1 G t�4Zt vi="
t
LOT A. 1-748 SUBDIVISION: C-14.-^11-)1 C-120" (t'4G NUMBER OF ACRES: -920
2233 t fd -ifs
TAX PARCEL NO. /2.2.33 10) 7bO Z. PRESENT USE: Cott 1"t -C-i -L. ('& r )
(commercial, industrial, residential, etc.)
ZONING CATEGORY: g_3
(Zoning districts such as R -1, R -2, B -1, B -2, M -1, etc.)
✓
The following documents have been attached:
Legal Description
Plat of Survey
List of surrounding property owners Sales Cont.-act
Bank Trus- Letter
Site Plan
SUBMITTED WITH THIS APPLICATION IS THE REQUIRED FILING FEE. THE APPLICANT UNDERSTANDS THAT
THE FEE IS NON - REFUNDABLE. PLEASE CONFIRM THE FEE AMOUNT WITH THE PLANNIN'3 STAFF IF THERE
ARE ANY QUESTIONS. S
ACTIONS BY APPLICANT /OWNER ON PROPERTY
A. Building permit was applied for and denied: 0 Yes 0 No DATE:
B. An appeal 0 was 0 was not made with respect to this property.
C. 0 Appeal denied
0 Appeal application accompanies this request for variation
5 EE L.E TTE. 2
AUTHORIZATION:
I hereby affirm that I have full legal capacity to authorize the filing of this application and that all information and exhibits
herewith submitted are true and correct to the best of my knowledge. The applicant invites Village representatives to make
all reasonable inspections and investigations of the subject property during the period of processing this application. I consent
to the entry in or upon the premises described in this application by any authorized official of the Village of Lemont for the
purpose of posting, maintaining, and removing such notices as may be required b
STATE OF l Li'`Ao`s DATE •7 - Z -`1 '7
COUNTY OF < -e>O le-
SIGNATURE OF APPLICANT
Da �! P/ta- kr?>G41:3.4E*t.rr 1IJG .
v. F
G2Q,c2y t., • P-4 V. P
I, he undersigned, a Notary Public for the said County and State aforesaid, do hereby certify that ,ex,-
E 5 P7e- is personally known to me to be the same person whose name is subscribed to the foregoing instrument, and
that said person signed, sealed and delivered the above petition as a free and voluntary act for the uses and purposes set forth.
Given under my hand and notary,seal this �� day of U A.D. 19'7 2
My commission expires ? day of L3/2"
,1947.
•
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