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O-49-97 08/25/97VILLAGE OF LEMONT ORDINANCE NO. C` -q 2 AN ORDINANCE GRANTING VARIANCE TO PERMIT A SIDEYARD SETBACK TO BE 8 FEET INSTEAD OF THE REQUIRED 10 FEET AT 41 W. WEND STREET, LEMONT, ILLINOIS ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 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, II • ois this day of , 1997. ORDINANCE NO. AN ORDINANCE GRANTING VARIANCE TO PERMIT A SIDEYARD SETBACK TO BE 8 FEET INSTEAD OF THE REQUIRED 10 FEET AT 41 W. WEND STREET, LEMONT, ILLINOIS WHEREAS, Donald DeWilkins, hereinafter referred to as "the Petitioner ", is the owner of an approximately 1/4 acre parcel, hereinafter referred to as "the subject property ", located at 41 W. Wend Street Lemont, Illinois and legally described in Exhibit "A ". WHEREAS, the Petitioner made application under the provisions of the Lemont Zoning Ordinance of 1980 (No. 426), for a Variance to permit a sideyard setback to be 8.51 feet instead of the required 10 feet, pursuant to Section V.B.3.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 August 5, 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, a newspaper of general circulation within the Village; and WHEREAS, the Lemont Planning and Zoning Commission 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 approval of this petition granting a variation for the subject property. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Lemont, that the petitioner, Donald DeWilkins, be granted the requested variance contingent that the encroachment does not effect the drainage and utility easement. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF 1HE VILLAGE OF L ONT, COUNTY OF COOK, ILLINOIS, on this 5 day of , 1997. AYES NAYS PASSED ABSENT Barbara Buschman Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Mary Studebaker Approved by me this Attest: RLENE SMOLLEN, Village Clerk I►_il� • :1 ) • . A NESKI, VILLAGE PRESIDENT Prepared by: Planning Department Village of Lemont 418 Main Street Lemont, D 60439 PIN#: 22 -30- 409 -009; EXHIBIT A LOT 121 IN TIMBERLINE UNITS II & III - PHASE 2, BEING A RESUBDIVISION OF PARTS OF LOTS 6, 7, 8, 9, 10, 11, 12 AND 14 IN COUNTY CLERK'S DIVISION OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN #: 22 -30- 409 -009; 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 MEMORANDUM ITEM V.C.1 Trustees Barbara Buschman Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Mary Studebaker TO: Mayor Richard Kwasneski Village Board of Trustees FROM: Jim Perry, Village Planner SUBJECT: DeWilkens sideyard setback reduction for the property located at 41 W. Wend. DATE: August 18, 1997 The Planning and Zoning Commission conducted a public hearing on the above noted case on August 5, 1997. The petitioner is requesting a variance to the bulk standards of the zoning ordinance to allow the existing residence to encroach into the western sideyard setback. The minimum setback requirement calls for a ten (10) foot sideyard setback. The petitioner is requesting zoning relief to reduce the sideyard setback to 8.51 feet from the western property line. Because of an oversight by the petitioner's builder the structure was constructed into the required western sideyard setback. The setback error does not infringe into the public drainage and utility easement on the western side of the property. If the variation were granted the structure would maintain a 1.01 foot setback from the public utility easement, meeting Village requirements. The Commission heard testimony by the Village Planner and Petitioner. No members from the public spoke regarding the proposal. Following the review of the proposed petition the Planning and Zoning Commission voted 6 -0 in favor of the variance. Following careful review of the proposed variance staff recommends approval of the petition. Staff makes its recommendation based on the variation not encroaching into the drainage and utility easement on the western edge of the property. Attachments: Land Use Application Staff Report Minutes of Public Hearing Plat of Survey g�C9 LEMONT yaw/ of Fash APPLICANT: COMMUNITY DEVELOPMENT DEPARTMENT 418 Main Street, Lemont, Illinois 60439 Telephone: (630)257 -1595 LAND USE APPLICATION a� t ;iLinn, be.10;lk;hs ADDRESS: 1// k). U)ev,a PLEASE CHECK ONE OF THE FOLLOWING: "'Applicant is the owner of the subject property, is the signer of this application and has attached a copy of the deed or title insurance policy to this application. Applicant is the contract purchaser of the subject property and has attached a copy of said contract to this application. Applicant is acting on behalf of the beneficiary of a trust. CITY: Zero oy► PHONE: (6 30) a y3 -/e, a 6 STATE/ZIP: 1 L 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: PROPERTY/LOCATION AND /OR COMMON ADDRESS: `i/ LO. 14)Q d s{-. t¢ivjem T[ . ea0Y39 as Number of Acres: % y Tax Parcel No.: .-310— clog- oo4 The following documents* should be attached as applicable: Legal Description List of surrounding property owners _Preliminary Plat Preliminary Plan/Site Plan Sales Contract Plat of Survey Final Plat Final Plan/Site Plan Bank Trust Letter _ Proof of Ownership (Deed or Title Insurance Policy) Landscaping Plan Other =Plats and Plans must be folded to 8 1/2 x 11" format (except mylar originals). TYPE OF REQUESTED ACTION: Please check all that apply: A. ANNEXATION: B. DEVELOPMENT/ SUBDIVISION: C. ZONING RELATED: D. MISCELLANEOUS: Annexation Petition Annexation Agreement Prelim.Plan Prelim. Plat Rezoning Petition from Special Use Application County Case Review Text Amendment Other to Final Plan Final Plat Variance Street/Alley/Easement Vacation Page 2 Land Use Application 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 Planning Staff if there are any questions. Notification to the Will -South Cook Soil Conservation District. Endangered Species Act Report to Illinois Department of Conservation. DU.ALIFYING STATEMENT OF APPLICATION: 3rief statement describing the proposed development: %- / i- /, Area s�,�rVe 44 o4 C 4'i pld 4,1-j no CC('ra)k y, r"oO(Yi? a, v f�-4 �f_v q n �► N�. W 2.0A p /ace ?lease attach additional sheets if necessa heck here if additional sheets are attached. number of dwelling units . Type of unit Specifically requested variations to the Zoning and Subdivision Ordinances: kUTHORIZATION: hereby affirm that I have full legal capacity to authorize the filing of this application and that all information and xhibits herewith submitted are true and correct to the best of may knowledge. The applicant invites Village -epresentatives to make all reasonable inspections and investigations of the subject property during the period of lrocessing this application. The applicant understands that they are responsible for posting of all hearing signs and nailing of all surrounding property owner notices as required under Ordinance No. 694, unless advised otherwise by he Village. STATE OF 17..t:. Met. 2OUNTY OF COO I< 9-7-97 Date Signature of Applicant _, the undersigned, a Notary Public in and for the said County and State aforesaid, do hereby certify that 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 Ind voluntary act for the uses and purposes set forth. Notary Signature OFFICIAL SEAL LAURA A LULICH NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES:09 /28/99 liven under my hand and notary seal this 7-111 day of ( 1a., A.D. 19 7 . My commission expires this day of ii`-e{ _ A.D. 1 qg 2ECEIVED BY PLANNING DIVISION: SATE AMOUNT RECEIVED BY: (PLANNING PERSONNEL) LEMON`l' Village of Faith PLANNING & ZONING COMMISSION 418 Main Street, Lemont, 11 60439 -3788 Mayor Richard A. Kwasneski and Board of Trustees Village of 1.emont 418 Main Street Lemont, IL 60439 Terry Du,,()'y, Chairman Gary D. Gray Thomas J. Metzger Katherine II. Murphy Ellen Pearson Ronald J. Stapleton Scott Studebaker Rc: Case 97.16, Donald DcWilkens, owner of subject property, is requesting a variance to the Lemont Zoning Ordinance to permit an existing cncroachntent of the sidcyard setback for a residence located at 41 W Wend Street, cast of Doolin Street, directly north of Erin Court extended. Dear Mayor Kwasncski and Village Trustees: The Planning and Zoning Commission conducted a public hearing on the above noted cast on August 5, 1997. The petitioner is requesting a variance to the bulk standards of the zoning ordinance to allow the existing encroachment of the western portion of the residence into the sideyard setback approximately 1.49 feet. Village Ordinance calls for a ten (10) foot sideyard setback for all residential properties in Timberline Subdivision, The residence is located 8.51 feet from the northern property line. Because of an oversight by the petitioner's builder the structure was constructed into the required western sideyard setback. The setback error does not infringe into the public drainage and utility casement on the western side of the property. If the variation were granted the structure would maintain a 1.01 foot setback from the public utility easement, meeting Village requirements, The Commission heard testimony by the Village Planner and Petitioner. No members from thc public spoke regarding the proposal Following the review of the proposed petition thc Planning and Zoning Comtnisstun voted 6 -0 in favor of the variance. rely Terry Duffy, Chairperson Lemont Planning and Zoning Commmission PLANNING AND ZONING COMMISSION STAFF REPORT BY JIM PERRY July 1, 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 Comp Plan Designation Exhibits CHARACTER OF THE AREA 97.16 Donald William DeWilkens Variance to the side yard requirements 41 W. Wend Street 22 -30- 409 -009 (Lot 121) 1/4 acre parcel 87.98 feet R -4, Single Family Residential R -4, Single Family Residential Single Family Residential Single Family Residential Low Density Residential Land Use Application, Area Map, Plat of Survey The area in question is mostly residential in nature. The area becomes more commercially intensive as you travel towards State Street and 127th Street. The subject property is located on the north side of Wend Street, east of Doolin Street, directly north of Erin Court extended. HISTORY OF THE PROPERTY This parcel was part of the re- subdivision of the County Clerk's subdivision. Timberline Subdivision, Units II and III, phase 2, was approved on December 17, 1993. VARIATION REQUEST Because of an oversight by the petitioners builder the structure was constructed into the required western sideyard setback. The petitioner is requesting a variation to the bulk standards of the zoning ordinance to allow the existing encroachment of the western portion of the residence to encroach into the sideyard setback approximately 1.49 feet. (see Exhibit `A'). The Village ordinance calls for a ten (10) foot sideyard setback for all residential properties in Timberline. The eastern setback exceeds the minimum distance, reflecting a 11.57 foot distance at the northern point and a 13.39 foot distance at the point closest to Wend Street. The setback error does not infringe into the public drainage and utility easement on the western side of the property. If the variation were granted the structure would maintain a 1.01 foot setback from the public utility easement, meeting Village requirements. The property owner is currently using a temporary Certificate of Occupancy until this problem can be corrected. PUBLIC RESPONSE The majority of the neighboring citizens inquiring about variation asked about the distance involved in the request. The Village has received approximately six (6) telephone calls regarding this petition. STAFF RECOMMENDATIONS Following careful review of the proposed variance it is staff's position that the variance be recommended for approval. Staff makes its recommendation based on the variation not encroaching into the drainage and utility easement on the western edge of the property. LEMONT Village of Faith PLANNING & ZONING COMMISSION 418 Main Street, Lemont, 11 60439 -3788 MINUTES AUGUST 5, 1997 Terry Duffy, C7iairman Gary D. Gray Thomas J. Metzger Katherine II. Murphy Ellen Pearson Ronald J. Stapleton Scoa Studebaker The meeting of the Lemont Planning & Zoning Commission of the Village of Lemont was held on Tuesday, August 5, 1997, at the Village Hall. The meeting was called to order at 7:05 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 Ms. Pearson to approve the minutes of the July 15, 1997 meeting. Motion carried 6 -0. PUBLIC HEARING Chairman Duffy re- opened case number 97.16 Request for Variance for a sideyard setback at 41 W. Wend Street. Mr. Perry said that the petitioners, Mr. and Mrs. DeWilkins, are requesting a variation to the bulk standards to allow the encroachment of the existing residence onto the western property boundary. The petitioners are asking for a 1.49 foot variance, or an 8.51 foot sideyard setback, instead of the required 10 feet. The residence is not encroaching into any drainage or utility easements. Mr. DeWilkins said that the.survey company was made well aware of the 10 foot setback requirements when they laid the stakes. Mr. DeWilkins added that the building inspectors okayed everything at the various stages of inspection, and it wasn't until the final grading survey that the error was detected. Mr. Perry said that there was a policy change eight to ten months ago, and now it is necessary for the spot survey to be finalized to make sure the foundation is setback properly. Mr. Metzger asked if this situation was rare. Mr. Perry said yes. A motion was made by Ms. Murphy and seconded by Ms. Pearson to close the Public Hearing. Motion carried 6 -0. A motion was made by Ms. Murphy and seconded by Ms. Pearson to approve case number 97.17 Request for Variance for a sideyard setback at 41 W. Wend Street. Motion carried 6 -0. PUBLIC HEARING A motion was made by Mr. Studebaker and seconded by Mr. Metzger to open the Public Hearing case number 97.20 Request for Variances for two existing signs at 206 Main Street. Motion carried 6 -0. Mr. Perry said that the subject property is zoned B -2 business district and is located east of the State Street bridge on the south side of Main Street. Mr. Perry added that the building was recently renovated within the past five years. Mr. Perry said that the request for variances are to the central business shopping district sign ordinance to allow two signs on the secondary side of the building and for signage to be located above the second floor window sill. Village ordinance requires signage to be under the second story window sill. Mr. Perry said that the petitioner, Don Steadman, did not apply for sign permits. Mr. Stapleton asked Mr. Steadman why he did not apply for permits. Mr. Steadman said that he did not know he needed permits. Mr. Steadman said that his tenant put up her sign first, and no one said anything until he put up his $3500 sign. Ms. Murphy said that she does not have a problem with the signs and is all for downtown businesses, but this is spending the Village's time and money and she would like to see stiffer penalties enforced to deter this from happening in the future. Mr. Metzger asked if it was possible to move the All -Tech sign to the front of the building. Mr. Perry said yes. Mr. Perry said that he felt this was somewhat of an unusual situation because no other buildings on Main Street extend over the State Street bridge and have the visibility that this building has. Mr. Studebaker concurs. Chairman Duffy said that this does not create a hardship because there are several options. The Me and My Sister sign can still be visible if it is lowered E.1/2 S. E.1/4 Sec. 30- 37-11 LEMONT 3.001 Pt. OYTLOT A n -0,r PE /FFER 174 1 173 172 _I (71 A 170 1 -004 1C t 167 146 .000 .000 s. .+ 20 L7 -017 7,-010 74 -007 : X404' r -010 44 -005 1 47 -004 V 37- 11 -30H 22-30 COMITY =MI 1 017..0 4r. 11.01. IL 0... Am* 0. 40Y. W.4 41. 7M• L1. 044 A4$I • L1411 IIM41/ usa S.4 404 •1 .41t all lot 7 Iw I.1.. I■••.NY.Y 44.. 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JI.10M 4.. 5175! /S4 7 -012 12 -003 • 8 -013 t 7 -014 0.0 0.. 47/0/K5 4 s..INt.17/1 44>r4` D" ..... .. .au. i 577 408 esa a /•! c 01 ' -002 ' re 1 -oos = 13" -00.11-004 Q4.Z4 .s.47" .47 "tln7 4.71 .. 1 ... .M 11.11. 70 . 77 . 80 T 84 1 e2 t 83 t fi •.07 ; •M i .041 4 •0.1 5 •N4 t -eN a -. u4. I s y DEBORAH 42 -007 M / n t 87 i • 85 ` 001 t 4000 ! -001 Ps y(. 7 i •e44 -4.,s WEND 101 I.4 G.I. D...54705041 .0:...614077! /50 -00. it -003 0L1 i /!!••w1; 74 -002 05• •005 1 04 0 113 .004 111 .004 111 .004 :50 = 503 -eel -001 - b7 • -•4s /04 .001 1t CS • 047 D00L I N //0 -074 it -et7 ALBA sr Lt. 14 "A" Lt. 13 _ nee .2301 • 1 .005' / OSA. -014 I •av5 SUBJECT PROPERTY ERN • c.... .1, .... M / n t 87 i • 85 ` 001 t 4000 ! -001 Ps y(. 7 i •e44 -4.,s WEND 101 I.4 G.I. D...54705041 .0:...614077! /50 -00. it -003 0L1 i /!!••w1; 74 -002 05• •005 1 04 0 113 .004 111 .004 111 .004 :50 = 503 -eel -001 - b7 • -•4s /04 .001 1t CS • 047 D00L I N //0 -074 it -et7 ALBA sr Lt. 14 "A" Lt. 13 _ nee .2301 • 1 .005' / OSA. -014 I •av5 SUBJECT PROPERTY I Area Survey Company 11340 West 1591h Sueet Orland Park Illinois 60462 7'r 734.4 • PLAT OF SURVEY Of LOT /Z/ IN TIMBERLINE UNITS [i AND III — PHASE 2, BEING A RESUDD[VISION OF PARTS OF LOTS 6, 7, 8, 9, 10, II, 12, AND 14 IN COUNTY CLERK'S DIVISION OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ALL IN COOK COUNTY, ILLINOIS. Phone (708) 349 -7364 Fax (708) 349 -7372 co.+crlre- A/ EA/ O VA. 0/1 rco o r. Sz, /99L (o,rv, DY •a- /oaisr L[. e:S) Compare all points before building and at once report any differences to the surveyor. For building tines, easements. and other restrictions not shown hereon, refer to your abstract. deed. contract, and zoning ordinance. No dimension shall be assumed by scale measurement upon this plat. Scale: / Inch equals zo feet Orderedby: r e.4.-/oo/sr erco.v'5. Order Number. 94'- 4S0/-/Zf cote eINGNMA4 /(.' FNN4Gr BOC r On/ &OW)/0.tAn 7. B/ r /2S CGCVA r /On/ r 7 STATE OF ILLINOIS ) COUNTY OF COOK ) I, Thomas J. Cesal, an Illinois Professional Land Surveyor, hereby certify that I have surveyed the above described property and that this Plat is a true and correct representation of said survey. All dimensions are given in feet and decimal parts thereof, corrected to 68 degrees Fahrenheit. Datedthis /9 j0r dayof ✓tA"/ '-+ /096 S.S. Illinois Professional Land Surveyor No. 2205