O-76-98 10/12/98ORDINANCE NO. (0
AN ORDINANCE GRANTING VARIANCE
AT 761 WOODCREST LANE, LEMONT, ILLINOIS
(Missaggia Property)
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This 12th day of October 1998.
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 12th
day of October 1998.
ORDINANCE NO. 0 ' �10
AN ORDINANCE GRANTING VARIANCE
AT 761 WOODCREST LANE, LEMONT, ILLINOIS
(Missaggia Property)
WHEREAS, an application has been filed by Glen Missaggia in connection with a Request
for Variation for the property legally described in Exhibit "A" and located at 761 Woodcrest Lane,
Lemont, Illinois; and
WHEREAS, the applicant is seeking relief to the Lemont Zoning Ordinance to allow a
rearyard setback to be 20 feet instead of the required 30 fee, pursuant to Section VII.E.7.a.(3) of the
Lemont Zoning Ordinance; and
WHEREAS, the Planning and Zoning Commission of the Village of Lemont, Illinois, in
accordance with said Ordinance, conducted a Public Hearing on the petition on September 15, 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, 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 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, Glen Missaggia, be granted a variance to the Lemont Zoning
Ordinance to allow a rear yard setback to be 20 feet instead of the required 30 feet, pursuant to
Section VII.E.7.a.(3) of the Lemont Zoning Ordinance, subject to the following conditions:
1. The project shall be built substantially in conformance with the site plan, attached as exhibit
"B ", and the deck detail, attached as exhibit "C ", except as such plans may be changed to
conform to Village codes and ordinances; and
2. A building permit must be issued within one (1) year of Village Board approval, otherwise
the variance shall lapse.
.`SEP 22 '93 22125PM ANTONOPOULOS
.P.3/3
PASSE AND APPROVED BY TEE PRESIDENT AND BOARD OF TRUSTIES OF
IRE VILLAGE OF LEMONT, COITNTY OF COOK, ILLINOIS, on thin, l2tL lay of.
1998- •
• Berbera Buschman
• KeitivlAti
Commie Markdewka
Rick Rimba. •
Ralph khobert
Miry Studebaker
Ulla . . OWE
- 'I/Al/_%r �' 1
Clark
Prepared by:
Flt nntng Department
• Vie of Lemont
• 413..MIin Street
Lernobt, 1 60439
*be! wcrel ;TO. SC4T Z' •aaS
e Lt! O£9 1 'ON SHOH :1404A
EXHIBIT A
LOT 40 IN WOODCREST ESTATES BEING A RESUBDIVISION OF A PORTION OF THE
WEST HALF OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 37
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY,
ILLINOIS.
ri1VAL (iHADING SURVEY
09
LOT 40 IN WOODCREST ESTATES BEING A RESUBDIVISION OF A PORTION OF THE
HALF OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH
44611 11 EAST OF THE THIRD
'`B7�HIBIT B
wvoa�Rr i-ANU
V
PRINCIPA MERIDIAN IN COOK COUNTY, ILLINOIS.
17EcKiS UN IZ M S - 044T
ter BE CP 1 1.5 : t; } g. (in
-�- `1`- -:3E442g)
tT (Y1
VILLAGE OF LEMONT
Cl APPROVED
❑ APPROVED
NOT APPR
'l�
S NOTED
ED
nature
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✓. = 1) '. 41
1i1
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C.,
6c-oNV:
Ej� i 5fi N C-CNI -G1
°cSEv c,RA-Q
8' 0"
2' 0"
Sump Pump - - -
CAI
v
r
4 ft1 panel
•
:.I I
I I
New O.S.B. De k,
Visquine and Gravel
ft. panel
1
T
4 ft. Hanel 4 ft. panel
18' 0"
L
1
J
10' 0"
8' 0"
6' 10"
"n
z'
I. lo o
_ Floor fr -- —
1' 11"
Existing Stoop
to be Removed
New O.S.B. Deck,
Visquine and Gravel
Ledgerboard lagged to house
Double 2x10 wolm rim-joist
Well 1 U =
Nell
10' 0"
—• 18' 0" 9'
New O.S.B.
Deck and Stairs
7' 0"
8' 0"
J
12
/ ^ a n7 � • t^J -_
• tl/ ,)
\.,
DECK DETAIL
3/4 in. O.S.B.
joist hanger
Simpson bracket
/ CUST
cm'ml
Cl.:k for •.u" t
till
STD
I � f
New O.S.B. Deck
18' 0"
concrete pier
0' 8"
Drip Cap
-4- -2 - 5/4" x 6" Boards
bolts
—4X4 post wolm.
LEVANT
I Date Signature
re
NOTES:
CONTRACTOR is responsible for building permits
for work related to this plan ONLY.
BUYER is to provide electric to code.
Modular aluminum construction.
Seasonal, unheated, non - habital space.
3 Season window room.
Framing to be sandstone aluminum.
Exterior panels to be sandstone "centrex ".
Interior Panels to be sandstone "centrex ".
All finishes comply with 1993 BOCA Article 9.
All operating sashes & door glass to be tempered.
7' 0"
New O.S.B. Deck
1
House
Floor
10' 0"
Ts
r
SHEET
#1
Mayor
Richard A. Kwasneski
Village Clerk
Charlene M. Smollen
Administrator
Steven A. Jones
Mayor Richard A. Kwasneski and
Board of Trustees
Village of Lemont
418 Main Street
Lemont, 1L 60439
LEMONT
Village of Faith
418 Main Street • Lemont, IL 60439 -3788
(630) 257 -1550
Fax (630) 257 -1598
email: vlemont @aol.com
Trustees
Barbara Buschman
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
Mary Studebaker
RE: Case Number 98.28: The petitioner is requesting a variance to the minimum rear yard setback standards in order to
construct a sundeck.
Dear Mayor Kwasneski and Village Trustees:
The Planning and Zoning Commission conducted a public hearing on the above noted case at the September 15, 1998 meeting.
The petitioner and owner of the single family residence, Glen Missaggia, is requesting zoning relief for a 10 foot reduction in
the rear yard of Lot 16.
The Commission heard testimony from the Village Planner and Petitioner. Following careful review of the variance request.
the Planning and Zoning Commission voted 6 -0 recommending favorably for the petition. The Commission's favorable
recommendation is based on the following findings of fact:
1) the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed )
the regulations in the district in which it is located;
Findings: The addition or absence of a deck will most likely not impair any "reasonable" return on the property.
2) the plight of the owner is due to unique circumstances;
Findings: The configuration of the lot poses an obstacle to any moderate additions or enlargements to the primal,-
structure, especially along the rear of the structure.
3) the variation, if granted, will not alter the essential character of the locality;
Findings: The addition of a sun deck to a home in a residential subdivision is not likely to alter the character of the :Lett
4) the application of the regulations of the zoning ordinance to the subject property would result in practical difficulties
or a hardship, considering the following criteria;
a) the particular physical surroundings, shape, or topographical condition of the specific property;
b) there are conditions unique to the subject property that are generally not applicable to other property in the
same zoning classification;
c) the practical difficulty or hardship is not self - imposed;
d) granting the variation will not be detrimental to the public welfare or injurious to other property or
improvements in the neighborhood in which the property is located;
e) the proposed variation will not impair an adequate supply of light and air to adjacent property, or
substantially increase the congestion in public streets, or increase the danger of fire, or endanger the public
safety, or substantially diminish or impair property values in the neighborhood;
Findings: The configuration of the lot certainly creates difficulties in further enlarging the principal residential structure.
While a hardship does not exist in this case, the variance petition also does not pose any measurable threat to
the public health, safety and welfare - which the Zoning Ordinance is ultimately intended to protect and
preserve.
Certain conditions were also appended to the approval of this petition:
1) the project shall be built substantially in conformance with the site plan, attached as exhibit "B ", and the deck detail,
attached as exhibit "C ", except as such plans may be changed to conform to Village codes and ordinances; and
2) a building permit must be issued within one (1) year of Village Board approval, otherwise the variance shall lapse.
Sincerely,
J
Terry ffy, C airperson
Planning and Zoning Commission
A motion was made by Ms. Murphy and seconded by Mr. Stapleton to approve
case number 98.26 Request for four (4) Variances from the Lemont Zoning
Ordinance for St. Alphonsus Church at 215 E. Logan Street to allow a fence to
be one (1) foot from the front and or corner side lot lines abutting Custer Street
and Walnut Street instead of the minimum required 20 feet; to allow a six (6) foot
high wrought iron fence with brick pillars to encroach into the intersection
visibility clearance area along Custer Street and Walnut Street; to allow an off
street parking area to be zero (0) feet from the lot line abutting Logan Street
instead of the minimum required 20 feet, and at 214 E. Logan Street to permit an
existing free standing sign to be 5.5 square feet in area instead of the maximum
permitted .83 square feet, along with staff recommendations including the
additions of E through J. Motion carried 4 -0 by roll call vote.
PUBLIC HEARING 9A-Of A Z
A. A motion was made by Mr. Studebaker and seconded by Mr. Stapleton to
open the Public Hearing case number 98.28 Request for Variation to allow a
rear yard setback to be 20 feet instead of the required 30 feet at 761 Woodcrest
Lane. Motion carried 4 -0.
Mr. Fitz said that the petitioner is requesting a variation to allow the construction
of a sunroom to encroach into the rear 30 foot setback. Mr. Fitz said that the
retention pond to the east provides adequate buffer.
Mr. Stapleton asked if a building permit has been applied for. Mr. Fitz said yes,
that is when the encroachment was detected. Mr. Stapleton questioned the
foundation of the sunroom. The petitioner, Glen Missaggia, said that the
proposed sunroom will be on post and pier construction, which is allowed by the
Village.
A motion was made by Ms. Murphy and seconded by Mr. Stapleton to close the
Public Hearing. Motion carried 4 -0.
A motion was made by Mr. Stapleton and seconded by Ms. Murphy to approve
case number 98.28 Request for Variation to allow a rear yard setback to be 20
feet instead of the required 30 feet at 761 Woodcrest Lane, along with staff
comment that the sunroom be built within one year of Village Board approval.
Motion carried 4 -0 by roll call vote.
B. A motion was made by Mr. Studebaker and seconded by Ms. Murphy to open
the Public Hearing case number 98.23 Request for Rezoning from B -1
Neighborhood Shopping District to B -3 Commercial District and a Special Use to
allow the operation of a garage for automobile repairs on the north side of 127th
Street, west of Walter Street, known as Pepper's Automotive. Motion carried 4 -0.
3
STAFF REPORT
PLANNING AND ZONING COMMISSION
Prepared by Andrew Fitz, Village Planner
GENERAL CASEFILE INFORlMATION
Case Number 98.28
Commission Meeting Date September 15, 1998
Petitioner Glen Missaggia
Request Variation, reduction in rearyard setback by 10 feet
Location 761 Woodcrest Lane
Parcel Number 22 -28- 216 -003
Size Approx. 11,500 sq ft. (0.26 acre)
Street Frontage 75.91 on Woodcrest, 124.88 on McCarthy
Current Zoning R -4, Single Family Residential
Contiguous Zoning North, R -4, Single Family Residential (Detached)
South, R -4, Single Family Residential (Detached)
East, R -4, Single Family Residential (Detached)
West, R -4, Single Family Residential (Detached)
Current Land Use of Single Family Residence
subject property
Contiguous Land Use North, South, West: Single Family Dwellings
East: Detention Pond
Exhibits
1) Location/Zoning Map, 8/27/98.
2) Survey, 4/18/96.
3) Deck Detail, 4/97.
4) Application Form Requesting Variation, 8/10/98.
CHARACTER OF THE AREA
The area is residential in nature. The immediate contiguous area, in addition to the residential lots
to the west and those across Derby Road in "Old Derby Estates ", is characterized by lots
approximately 0.25 acre (11,000 sq ft) in size.
DEVELOPMENT PROPOSAL
The petitioner is requesting a reduction of 10 feet in the minimum rearyard setback requirements
of the Zoning Ordinance, resulting in a setback of 20 feet rather than the required 30 feet - in
order to construct a sun deck attached to the rear of the residence. A detention pond is located to
the east of the property, which also acts as a buffer of sorts between the subject property and the
adjacent residence to the east.
HISTORY OF THE PROPERTY
According to the Cook County records the subject property is a lot in the Woodcrest Estates
Subdivision recorded April 3, 1989.
STANDARDS FOR VARIATIONS
FINDINGS OF FACT
1) the property in question cannot yield a reasonable return if permitted to be used only
under the conditions allowed by the regulations in the district in which it is located;
Findings: The addition or absence of a deck will most likely not impair any "reasonable"
return on the property .
2) the plight of the owner is due to unique circumstances;
Findings: The configuration of the lc: poses an obstacle to any moderate additions or
enlargements to the primary structure, especially along the rear of the structure.
3) the variation, if granted, will not alter the essential character of the locality;
Findings: The addition of a sun deck to a home in a residential subdivision is not likely to
alter the character of the area.
the application of the regulations of the zoning ordinance to the subject property would
result in practical difficulties or a hardship, considering the following criteria;
a) the particular physical surroundings, shape, or topographical condition of the
specific property;
b) there are conditions unique to the subject property that are generally not applicable
to other property in the same zoning classification;
c) the practical difficulty or hardship is not self - imposed;
d) granting the variation will not be detrimental to the public welfare or injurious to
other property or improvements in the neighborhood in which the property is
located,
the proposed variation will not impair an adequate supply of light and air to
adjacent property, or substantially increase the congestion in public streets, or
increase the danger of fire, or endanger the public safety, or substantially dimi■ish
or impair property values in the neighborhood;
Findings: The configuration of the lot certainly creates difficulties in further enlarging the
principal residential structure. While a hardship does not exist in this case, the
variance petition also does not pose any measurable threat to the public health,
safety and welfare - which the Zoning Ordinance is ultimately intended to protect
and preserve.
PUBLIC RESPONSE
There have not been any inquiries regarding the variation request.
STAFF RECOMMENDATION
Staff recommends approval of the variance with the following condition:
1) the project shall be built substantially in conformance with the site plan, attached as exh;;at
"2 ", and the deck detail, attached as exhibit "3", except as such plans may be changed to
conform to Village Codes and Ordinances;
PUD
R-5
SPEC.
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EXHIBIT 1
Missaggia Variation
98.28
:i4. a ��" '— unI'1VIIVL7 OUR V E T
O.
[.OT 40 IN WOODCREST ESTATES BEING A RESl1BDIVISION OF A PORTION OF THE
r:. WES HALF OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH,
'RANOS 11 EAST OF THE THIRD PRINCIPA MERIDIAN IN COOK COUNTY, ILLINOIS.
O c � C / S u/.1 12 .r1 I S - PP.aT : : , . .
L- N j 0 F Piz, r) A- RA-) S-riy, c,T r i t: m)LTisc --c,
0--, 1 r r� T BE C s r. } l- �.,Ii
P' , .A1`) on BU1LDR . `-'i 0 Pt
l
g r•av,..
�bSTUCTU RrCp,N mo
do . 1:L/
ROACH ME .3e
/.SO 9s ,-"yc
•S
'111
0
•''1-
F
►` � �? `�' .r1 RD S t 1CK
VILLAGE OF LEMO
Cl APPROVED
0 APPROVED
NQT AP PR
Ldj' 3�
Date ['
(7,40-
"
NT
S NOTED'
ED ■
iature
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- IMCANr >kf L-O(5 1/z
Et, = 138 41
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1
EX 15fi NCI Call-C-1
EXHIBIT 2
j ' c Missaggia Variation
98.28
11)
8' 0"
Existing Stoop
to be Removed
r
4 rt. nand
Over Hang
— t —f - --
I
I I
I I
I I
New O.S.B. Deck. •
\'isquine and Gravel
4 ft. panel 4 ft. panel 4 ft
--- 18'Orr
Sump Pump
�♦
1LJ
s
1
—J
10' 0"
8' 0"
imt
L�
.0"
House
Floor
1"
Existing Stoop
to be Rerrioved
New O.S.B. Deck.
\'isquine and Gravel
Ledgerboard lagged to house
Double 2x10 wolm rim-joist
c=p
.e.
New O.S,R.
lick And Stairs
Window }
Well / Ll
10' 0"
18' 0" -- — 9' -v.__
7' 0"
8' 0"
�r-
J
DECK DETAIL
3/4 in. O.S.B.
rDrip Cap
41- 2 -5/4"
bolts
•-4X4 pc
� r
joist hanger
Simpson bracket
f.n.rniiiir�d cr.nd.rd
fl.•.1. Inr..ir. fill
New 0 S.R. Deck
18'0"
concrete pier
O'
I
D.
NOTES:
CONTRACTOR is responsible for building permits
for work related to this plan ONLY.
BUYER is to provide electric to code.
Modular aluminum construction.
Seasonal. unheated. non- habital space.
3 Season window room.
Framing to be sandstone aluminum.
Exterior panels to be sandstone "centrex ".
Interior Panels to be sandstone "centrex ".
All finishes comply with 1993 BOCA Article 9.
All operating sashes & door glass to be tempered.
10' 0"
C
COMMUNITY DEVELOPMENT DEPARTMENT
Village of Lemont
413 Main Street, Lemont, Illinois 60439
Telephone: (630) 257 -1595
REQUEST FOR VARIATION
A VARIATION IS HEREBY REQUESTED IN CONFORMITY WITH THE POWERS VESTED IN THE BOARD TO PERMIT
,$ LW .Room ON THE PROPERTY DESCRIBED BELOW.
(use of construction proposed)
APPLICANT:GiPti 7'7 /5Se• S9•Ct
ADDRESS: 74' / 61..L ec%,,s7 �v
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
PHONE: (C-60) 2,5;.-3 - go/ 32
CITY:�en?o tiT STATE/ZIP: .ZL /e0 '3i
Applicant is the contract purchaser of 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 INFORM-1TION:
NAME OF OWNER(S): 63 /Pnu 1 "% /.5.50y fJcL.
LOCATION /ADDRESS: 7,6/ L/%ac-icj-es 7 .4.v
LOT T y0 SUBDIVISION: 4.I/Ont -L?x, cT NUMBER OF ACRES:
TAX PARCEL NO. 22- 272//o — 003-0000 PRESENT USE: RpS1C'C.uT / /
(commercial, industrial, residential, etc.)
ZONING CATEGORY:
(Zoning districts such as R -1, R -2, B -I, B -2, M -1, etc.)
The following documents have been attached:
Legal Description x List of surrounding property owners Sales Contract
iC Plat of Survey Site Plan Bank Trust Letter
SI;BMITTED 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.
S
ACTIONS BY APPLICANT /OWNER ON PROPERTY
A. Building permit was applied for and denied :Yes ❑ No DATE: T-/ .2f
B. An appeal ❑ was ' vas not made with respect to this property.
C. ❑ Appeal denied
Appeal application accompanies this request for variation
EXHIBIT 4
Missaggia Variation
98.28
REASONS FOR REQUEST FOR VARIATION:
Please note that the following questions must be answered completely. If additional space is needed, attach extra pages to
application.
Before answering, read the Notice to Applicants (attached).
1. What characteristics of your property prevent its being used for any of the uses permitted in your zone?
Too narrow
Too small
Too shallow
x
Elevation
Slope
Shape
(Specify)
2. Describe the items checked. giving dimensions where appropriate D,,cc ,Il ,i.+U , i i r .4,4/
Soil
Subsurface
Other
A
��• , - • — _ ,r3 The C. TI
.5E-Pr f',t•4/ &Q// /N SG1. 41 - fir -n'che
3. How do the above site conditions prevent any reasonable use of your land under the terms of the zoning ordinance?
T
T
4. To the best of your knowledge, can you affirm that the hardship described above was not created by an action of
anyone having property interests in the land after the zoning ordinance or applicable part thereof became law?
Yes X No . If "no" explain why the hardship should not be regarded as self- imposed (self - imposed
hardships are not entitled to variations).
5. Are the conditions on your property the result of other man -made changes (such as the relocation of a road or
highway)? 4' If so, describe
6. Which of the following types of modifications will allow you a reasonable use of your land?
Change in setback requirement
Change in side yard restriction
Change in area requirement
x
Change in lot- coverage requirement
Change in off - street parking requirement
Other Describe
7. State what variation is requested, giving distances where appropriate. / c. f'y j P �sT�u, s '/ 'rt ¢, .
yq'O) s, r i3.QC� ?d '7 �o "
8. Are the conditions of hardship for which you request a variation true only of your property ?A5 If not, how many
other properties are similarly affected?
9. Will the granting of a variation in the form requested be in harmony with the neighborhood and not contrary to the
intent and purpose of the zoning ordinance? A-3 Elaborate Tf,e /7,2z. ese. -p Ste,,, Rec„� ig:„c.,¢rij s
7he 30 SFr dAtc, . dui c' To 7'4' /11 /e, (%T17-, /14,1,4,,6 ei9s,nc'/V> 444y 7%e /q,/.7,2-
(E . .a 7' , , 4,47 / .v c-
4 ' 30 'C.evrn 7-e %o.ac0en y /,,,e .
NAMES OF SURROUNDING PROPERTY OWNERS
Please attach a list of the names and address of surrounding property owners from the property in question for a distaace of
250 feet in all directions (the number of feet occupied by all public roads, streets, alleys, and public ways is excluded in
computing the 250 foot requirement). Said names are recorded in the Office of the Cook County Recorder of Deeds and as they
appear on the authentic tax records of this County.
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 by law.
STATE OF /L DATE /,?D //r
COUNTY OF &-- SIGNATURE OF APPLICANT .7
;
I, the undersigned, a Notary Public for the said County and State aforesaid, do hereby certify that 64 a 14,, 5.54251e.,
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 sec forth.
Given under my hand and notary seal this d (3 day of /Trkg‘c -f
My commission expires / 2 day of .SK ex L.
A.D. 19 1 •.
,19V
lco
-L
OFFICIAL SEAL
THEODORE F. FRIEDLEY
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 6 -12 -2002