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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 ��� c� T 3 C� r� � R0► E � F9 `,� , �\ \7 %x-03 - o ",� R eTY z Y I1 RD Ste- G421(. 1,97 0 31 y\ ' ( (``ii ! l) Aft. v.: �Uf IN tGP C- &t c Posifv VK, NT' hr kOs I/& ✓. = 1) '. 41 1i1 \-9 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. USE OUR LADY OP VICTORY CONVENT MONT WSNIP SCHOOL -4 R-1 PUD R-4 Subject Pro ert PUD R-4 tE: UD R-4 777:7 .---1 R'- 1 R-4 • R. R-1 R-4 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 ( f - "s�., • \ Atq cl)r IN 1-Cr Cr cif Cfroslf' - IMCANr >kf L-O(5 1/z Et, = 138 41 1, ',r , 1, \, 1'r I I V1rr.} 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