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O-75-98 10/12/98VILLAGE OF LEMONT ORDINANCE NO.O -' AN ORDINANCE GRANTING VARIANCES TO THE LEMONT ZONING ORDINANCE (St. Alphonsus Church Property 215 E. Logan Street) 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. (6)f AN ORDINANCE GRANTING VARIANCES TO THE LEMONT ZONING ORDINANCE (St. Alphonsus Church Property 215 E. Logan Street) WHEREAS, St. Alphonsus Church, hereinafter referred to as "the Petitioner," is the owner of an approximately 5 acre parcel, hereinafter referred to as "the subject property," located at 215 E. Logan 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 three (4) Variances (see attached); 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 1, 1998 and 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 variations 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 variations for the subject property. NOW, "1HJ REFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Lemont, that the petitioner, St. Alphonsus Church, be granted four (4) variances attached as Exhibit `B ", subject to the following conditions: SECTION 1: Conditions 1. The project shall be built substantially in conformance with the site plan, attached as Exhibit C, and the fence architectural elevations, attached as Exhibit D, except as such plans may be changed to conform to Villages codes and ordinances and the conditions below; 2. A building permit must be issued within one (1) year of Village Board approval, otherwise the variances shall lapse; 3. The fence must remain open and free of vegetation; 4. A sidewalk shall be installed by the petitioner along the intersection of Walnut and Custer Streets; 5. The existing non - conforming sign at 214 Logan Street shall be removed after a period of five (5) years, or earlier if it is damaged or destroyed; 6. All trees on the property in the vicinity of the proposed construction shall be preserved; 7. The Village Attorney's memorandum shall be included as a part of the case file; 8. A school warning sign shall be installed on the property abutting Custer Street. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTY OF COOK, ILLINOIS, on this 12th day of October 1998. AYES NAYS PASSED ABSENT Barbara Buschman ✓✓ Keith Latz Connie Markiewicz V Rick Rimbo vi Ralph Schobert i Mary Studebaker 4"" ja OLLEN, V' age Clerk Approved by me this 12th c a October 1998. Attest: i� C•iltDA. CHARLE SMOLLEN, Village Clerk KSI, Village President 6d WeL0:60 8665 02 'daS 8560 2V? 029 : '0N 8N0Hd : W0eH EXHIBIT A LOT 1 TO 8, INCLUSIVE, IN BLOCK 5 OF DOWSE'S ADDITION TO LEMONT, A SUBDIVISION OF THE N.W. 1/4 OF THE N.E. 1/4 OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. AND LOT 6 IN BERNARD HOSTERT'S SUBDIVISION OF BLOCK 7 (EXCEPT LOT 17) OF DOWSE'S ADDITION TO VILLAGE OF LEMONT IN THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS. EXHIBIT B REQUESTED VARIANCES AT 215 E. LOGAN STREET: 1. 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, pursuant to Section V.B.3.a. of the Lemont Zoning Ordinance and Section 5 of Ordinance 801. 2. To allow a six (6) foot high wrought iron fence with brick pillars to encroach onto the intersection visibility clearance area along Custer Street and Walnut Street, pursuant to Section 4.6 of Ordinance 801. 3. To allow an off street parking area to be zero (0) feet from the lot line abutting Logan Street, instead of the minimum required twenty feet, pursuant to Section X.D.7 of the Lemont Zoning Ordinance REQUESTED VARIANCES AT 214 E. LOGAN STREET: 1. To permit an existing free standing sign to be 5.5 square feet in area instead of the maximum permitted 0.83 square feet, pursuant to Section VII.A.1.a. (1) of the Lemont Zoning Ordinance. IC? 1-ra PLAN PROF '0....._ ED PARKING LOM - St. ALPHoNsus CHURCH 31%3 3 N :MC 3. ICW3r3 3:0333s ,4.00,0 3. 3.0 ..03.0,0Eso 3,,Frut 0e 04 yomoosr 0/.3t1T.3 3. 331:7313 T3. 313.0333 33. fAST 1.1( 373.3.0 ,313C1131. 300733. Po '.0004 :01.000. I.L1•401. C1343.4C13 400,3)S, 213 TAM' LaGon STREET • LE3C3r. t C U T_I R .1-- -I 9 T R Z_E _ 13 N89'59'22'1 ea3. • ' 284.00_ Ree. 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Po usx reocE eAsE.ocr D ,tNCt F.4.3.330.3 Dow: \' I ,2 41 i"T.00 1 1 • • 284.47' Metes: • • 254.00' Rea. • . •• NEIR•54.41-Z --w, 0 • o • .1 ; • .■.■ • LOGAN STREET r- ...v,arrrer rm.!, •■3 ,- la,4414 014 4[11,..1( 11.0a, -0 •-••?, -.. 14 STY, Sa4.40 3r3o,...c....o. al! 311.1.•.• SIM 1(0.1.37••••1- 'TO,. OAST 333.3o-r no.r low :30. ..00nsuo,,r re'.- n r . • a.,1•1`, ■aanI,1, 7,1,1 7 4 C71,0•1;4•Ca. 104-t C 0-3) • Tr '3.52` 1.05" 1.76 2' -*2 ja QGRASS X4.1 =0 1.06" M r ,� °n aCV 1-. 3.80' 1 1.51'/O— o.'11.81 � `Z' 1 1 000 VD 1 1 °—O `', I'll11 z ' / CAST IRON RAIL , .. 'RAMP J d � t SEE 'C j /3.33 713.20 END OF PAVEMENT IMPROV EN i SAW CUT P A R K ! 117 53' 714.0 PROPOSED MAINTAIN EXISTING TREES PARKING `13.95 1— STORY] BR 35.0' 714.60 x 17.0' 714:2 713. 714.50 714.00 715.15 47 Yaws. PROPOSED DRIVE 715.50 71 5.25 TIC 714.87 G.714.50 DEPRESSED CURB PRoPOS E PA-RkTN6 Lo EXISTING GRADE • 4 N1954' • LOGAN_ Eruz per- c Moo) ELEVATION VARIES - 715.75 TO 71 :.50 O r BITUMINOUS SURFACE COURSE nometworr SET CROSS AT CORNER SET WON PE FOUND USED BY OTHERS AS 3.00' 3.00' EAST TO BE 2.20' SOUTH. 2.22' EASE FOUND CROSS 2.20' SOUTH. 2.39' EAST SCALE 1=20' p7'10'98 16:56 '0708 887 4720 1 KELLOGG CONST. 002 arr 41?*3a .9 flMok4 'O O- 4pc,tc 3nMrg. tXI4 ;ot-r FF'"lcc Cu- VATrOA) L 1 L J �3u Mtt3. ELEVATION yr ,r • r.o^ • Signs By 7e Gide Sign Shoppe.) ' 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, IL 60439 LEMONT Village of Faith 418 Main Street • Lemont, IL 60439-3788 (630) 257 -1550 Fax (630) 257 -1598 email: vlemont @aol.com RE: Case Number 98.26, St. Alphonsus multiple variance requests Dear Mayor Kwasneski and Village Trustees: Trustees Barbara Buschman Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Mary Studebaker 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 parcel, St. Alphonsus Church, is requesting variances to the following code requirements: 1) to allow a six (6) foot high wrought iron fence to be constructed one foot from the front and corner lot lines abutting Custer Street and Walnut Street, instead of the required 20 feet. 2) to allow said fence to encroach into the minimum 50 -foot sight distance visibility triangle at the intersection of Custer and Walnut Streets and to encroach into the minimum 8 -foot sight distance visibility triangle at the intersection of driveways and sidewalks along Custer and Walnut Streets; 3) to allow an off -street parking area to be zero feet from the lot line abutting Walnut Street, instead of the required twenty feet. 4) to allow an existing 4.58 square -foot sign, which exceeds the maximum permitted sign area by 3.75 square -feet, to remain on the southwest corner of the property located at Walnut and Custer Street. The Commission heard testimony from the Village Planner and the petitioner. The Commission raised several issues, relative to: the potential need for a multi -way stop at the intersection of Custer and Walnut Streets. the liability the Village may face in approving a visual obstruction within the visibility triangle Following careful review of the rezone request, the Planning and Zoning Commission voted to recommend approval of all the variations by a vote of 6 -0. 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 "4 ", and the fence elevations, attached as exhibit "3 ", and the sign elevations except as such plans may be changed to conform to Village Codes and Ordinances and the conditions below; 2) a building permit must be issued within one (1) year of Village Board approval, otherwise the variance(s) shall lapse; 3) the fence must remain open and free of vegetation; 4) sidewalk shall be installed by the petitioner along the intersection of Walnut and Custer Streets at the petitioner's expense; 5) a two -way stop shall be installed at the intersection of Walnut and Custer Streets at the petitioner's expense; 6) the existing non - conforming sign shall be removed after a period of five (5) years, or earlier if it is damaged or destroyed; 7) all trees on the property in the vicinity of the proposed parking lot construction shall be preserved; 8) the Village Attorney's memorandum shall be included as a part of the case file; and 9) a school warning sign shall be installed on the property abutting Custer street. 10) that the Village Board consider whether the petitioner needs to arrange for a study to determine the need for a multi - way stop at the intersection of Walnut and Custer Streets - at the petitioner's expense. Sincerely, , Chairperson Planning and Zoning Commission LEMONT Village of Faith PLANNING & ZONING COMMISSION 418 Main Street, Lemont, 11 60439 -3788 MINUTES SEPTEMBER 15, 1998 Terry Duffy, Chairman Gary D. Gray Thomas J. Metzger Katherine H. 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 15, 1998, at the Village Hall. The meeting was called to order at 7:02 p.m. by Chairman Terry Duffy. The following commissioners were present: Katherine Murphy, Ron Stapleton and Scott Studebaker. Absent: Gary Gray, Tom Metzger and Ellen Pearson. The following staff was also present: Scott Buening, Andy Fitz and Lisa Wuethrich. A motion was made by Mr. Stapleton and seconded by Ms. Murphy to approve the August 19, 1998 minutes. Motion carried 4 -0. CONTINUED PUBLIC HEARING A. 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. Mr. Fitz addressed three major issues of concern from the last meeting, which included the visibility clearance, school signs and the installation of sidewalks. Mr. Fitz spoke to the Village Attorney regarding the sight distance visibility concern due to the fence encroachment. The Village Attorney said that it is an engineering issue with stop signs mitigating the intersection. Scott Buening said that a two -way stop sign could be passed as an ordinance by the Village Board, 1 but a four -way stop sign would require a more intensive warrant. Mr. Fitz said that school warning signs could be taken care of with an ordinance and then order them. Mr. Fitz said that the estimated amount of sidewalk needed would be 761 square feet, which would come to about $2500. Mr. Fitz said that he spoke to Public Works and there might not be enough money in the 50/50 Sidewalk Program fund this year. Mr. Stapleton said that the sidewalk and the stop sign are necessary, would like to see a five year cap on the existing sign and does not have a problem with the parking lot. Ms. Murphy agreed with Mr. Stapleton and asked if the Village Attorney's comments become part of the case file. Mr. Fitz said yes. Ms. Murphy asked how the parking lot will be configured. Tom Manzella, St. Al's Property Manager, said that the lot will be one -way southbound exit with six parking spaces. Ms. Murphy said that she would like St. Al's to have to come back and request a variance if the sign still exists after five years or if it gets abandoned or destroyed. Ms. Murphy asked for clarification that a two -way stop sign can be erected, and a four -way stop sign may or may not be warranted, but if erected, may not be enforceable if it is not warranted. Mr. Buening said yes. Mr. Studebaker asked if anything has been written up by the Village Engineer regarding the visibility issue. Mr. Fitz said that he spoke to the Village Engineer, but nothing has been put in writing at this point. Mr. Studebaker said that he is concerned with the question mark that exists regarding the visibility issue. Chairman Duffy thinks additional research into a four -way stop sign should be conducted and the Commission's concern regarding this issue will be passed on to the Village Board. Chairman Duffy thinks that St. Al's should pay for the sidewalk. Mr. Buening clarified the comments added to staff recommendations. E) Allow the fence with the condition of a two -way stop sign at the intersection of Walnut Street and Custer Street, as long as the fence is not solid and a four -way stop sign is considered, all at the expense of St. Al's. F) Sidewalks are constructed along Walnut Street and part of Custer Street, at the expense of St. Al's. G) Allow a five space parking lot without cutting down any trees. H) Allow the existing sign for five years, after which a variance would be needed. I) Add the Village Attorney's memo regarding the encroachment of the fence into the visibility triangle to the case file. J) Erect school signs, consistent with the procedure followed for other schools. A motion was made by Mr. Studebaker and seconded by Mr. Stapleton to close the Public Hearing. Motion carried 4 -0. 2 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 Lpermitted .83 square feet, along with staff recommendations including the additions of E through J. Motion carried 4 -0 by roll call vote. PUBLIC HEARING 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 dose 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 r said that he does not object to what she's doing as long as she meets current Village standards. Stan Martinson, 1025 Hermes Avenue, asked if a new house is built on lot 16, would it be too close to her existing house or his house. Mr. Martinson said that he opposed the variance request. Mr. Perry said that the proposed house would be closer to Ms. Rogers's house. Mr. Fitz said that the current ordinance requires 80 foot Tots, but this lot is considered pre - existing, and is therefore considered a buildable lot. Ms. Murphy asked if there could be a provision that if any permit is pulled for lots 17 or 18, sidewalks would be required for both lots. Mr. Stapleton suggested that whoever builds on lot 16 or 18 first be required to put sidewalks on all three lots. Mr. Perry said that might be a problem because then the Village would be requiring someone to make public improvements not on their property. Mr. Buening said that the petitioner could be required to put a walk on lot 17 and put a limitation on Tots 16 and 18. Chairman Duffy suggested to give the petitioner one year to come up with cash -in -lieu for a sidewalk on lot 17, then have sidewalks and parkway trees installed on Tots 16 and 18 when they are developed. A motion was made by Mr. Metzger and seconded by Mr. Stapleton to close the Public Hearing. Motion carried 6-0. A motion was made by Mr. Metzger and seconded by Ms. Murphy to approve case number 98.25 Request for Variance for a side yard setback to be 4.4 feet instead of 6 feet for the property located at 1005 Hermes, along with the recommendations for a one year limitation for cash -in -lieu of sidewalks and parkway trees for lot 17 and for the existing fence to be relocated outside of the right -of -way. Motion carried 6 -0 by roll call vote. 9/ /9, PAZ J FC. A motion was made by Mr. Studebaker and seconded by Ms. Pearson to open the Public Hearing 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, 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. Motion carried 6 -0. Mr. Perry said that the petitioner is. requesting variances for the installation of a wrought iron fence at the corner of Cutster Street and Walnut Street for a one foot setback in lieu of the 20 foot setback requirement; encroachments into the 50 foot minimum visibility triangle for the fence and into the eight foot visibility 4 triangle from the driveway access; and for the existing sign on Walter Street and Logan Street to be 4.58 feet in lieu of the permitted .83 feet. Mr. Perry said that the rectory, where the existing sign in located, is considered residential, which is why the sign variance is an excessive 552 %. Ms. Murphy asked how there would be access to the proposed parking lot. Tom Manzella, St. Al's Property Manager, said that cars would access the proposed lot through the existing lot and then exit one -way onto Logan Street. Mr. Manzella said that they would like to expand the current piece of asphalt to 35 feet to create a drive for funeral, wedding and handicap access. Mr. Manzella reminded the commissioners that St. Al's will be losing their current sidewalk access off of State Street after the State Street Improvement Project is completed this fall. Mr. Manzella said that they would designate the five -space parking lot handicap, since handicap access to the church currently exists near the proposed parking lot. Mr. Perry said that it is possible for a parking area to exist without the need for a variance by maintaining a 20 foot setback and not paving outside of the access drive. The major drawback to this suggestion would be the removal of the existing tree. Mr. Manzella said that the existing parking lot is a play are for 129 children and they would like a gated fence to restrict the children from running into the street and to restrict parking in the lot during school hours. Chairman Duffy asked about the signage in the area. Mr. Manzella said that school zone signs do not exist. Chairman Duffy asked about the liability issues regarding the fence encroaching into the 50 foot visibility triangle. Mr. Perry said that the Village Attorney would have to address the issue. Mr. Buening said that a stop sign on Custer Street at the intersection of Walnut Street might be warranted if the fence is erected in the visibility triangle. Mr. Studebaker asked about the possibility of a sidewalk on Walnut Street. Mr. Manzella said that they would be willing to participate in the 50/50 Sidewalk Program with the Village and are in favor of sidewalks, along with numerous parents who have expressed their concerns regarding the issue. Mr. Buening said that since the rectory is considered a residence, the permitted signage is 120 square inches, hence the approximate 500% variance request. The sign currently states "St. Alphonsus Annex." Mr. Buening said that if the rectory was considered office use, then a Special Use and not a variance would be required for the sign. Fran Urban, 1019 Walter Street, said that he agrees with what Mr. Manzella is requesting and does not want to see the existing tree torn down for the proposed parking lot. Mr. Urban said that he does not see how the variances impose on 5 the beauty of the area or the church. A motion was made by Mr. Studebaker and seconded by Mr. Metzger to close the Public Hearing. motion carried 6-0. A motion was made by Mr. Studebaker and seconded by Mr. Stapleton to move case number 98.26 Request for four (4) Variances from the Lemont Zoning Ordinance for St. Alphonsus Church to a Workshop meeting on September 15, 1998. Motion carried 6-0 by roll call vote. Mr. Stapleton asked to see an illustration of the proposed fence. Mr. Perry said that the issues of concern were the school zone sign, potential stop sign, Village Attorney position regarding the vision triangle liability issue, sidewalks and to see an illustration of the fence. AGENDA Sept. 15 308 State Street Rezoning and Variances Peppers Automotive Rezoning 761 Woodcrest Variance St. Al's Workshop Oct. 6 Target/Kohl's A motion was made by Mr. Metzger and seconded by Mr. Studebaker to adjourn the meeting. Motion carried 6 -0. The meeting adjourned at 9:49 p.m. 1,1 C° h r i c h Lisa Wuethrich Secretary Planning & Zoning 6 PLANNING AND ZONING COM IISSION Staff Report by Tun Perry, Village Planner September 1, 1998 GENERAL CASE FILE Case Number Petitioner Request Location Parcel Number Size Street Frontage Current Zoning Contiguous Zoning Current Land Use property 98.26 Saint Alphonsus Church The installation of a fence located one (1) foot from the front and or corner side lot lines abutting Custer Street and Walnut Street in- lieu -of the minimum required 20 -foot setback, pursuant to Section V.B.3.a of the Lemont Zoning Ordinance and Section 5 of Ordinance 801; The installation of a six (6) foot high wrought iron fence with brick pillars encroaching the minimum 50 -foot visibility triangle clearance area along Custer Street and Walnut Street, pursuant to Section 4.6 of Ordinance 801; The construction of an off-street parking lot to be zero (0) feet from the lot line abutting Logan Street in lieu of the minimum 20- foot setback requirement, pursuant to Section X.D.7 of the Lemont Zoning Ordinance. 625 South State Street 215 East Logan Street 22 -29- 201 -001 Approximately 5 acres 270 feet along State Street 284 feet along Logan Street R -4, Single Family Residential North, R -4, Single Family Residential South, R -4, Single Family Residential East, R -6, Multi- Family Residential West, R -4, Single Family Residential Institutional (Catholic Church, School, Administration subject and Church Rectory.) DEVELOPMENT PROPOSAL As the Commission recalls, St. Alphonsus Church is attempting to complete a number of site improvement projects at the Logan Street Church. These improvements are intended to help curtail the parking problem during peak parking demands, as it occurs on Sunday morning hours. PETITIONERS REQUEST The petitioner is requesting zoning relief for a number of improvements proposed for the site. These improvements involve the installation of a fence, construction of a parking lot and a variance for an existing sign, currently used for advertising the Church Rectory located on Walter Street. Please find details describing each variance request: The first variance involves the installation of a wrought iron fence, with brick pillars, for the section of property located on the northeast corner of the site, at the intersection of Custer and Walnut Streets. The Village of Lemont Fence Ordinance states that fencing shall be installed on corner lots in back of the front building line. Plans indicate the erection of fence on the property line, encroaching into the required building line by approximately 15 -feet . These variance involves the proposed placement of the fence which violates the minimum 50 -foot visibility triangle on a corner lot. The Fence Ordinance indicates that no visual obstructions are allowed in this area. This 50 -feet visibility triangle is measured at the point of intersection of Custer and Walter Street, where the property lines meet. Also in conflict with Village Ordinances is an eight (8) foot visibility triangle encroachment at the driveway entrance. The third variance request involves the construction of a parking lot at the southwest corner of the property with a zero (0) setback adjacent to Logan Street, in- lieu -of the Villages required 20- foot setback. This proposed parking lot is intended to serve the parishioners of the church for pick up and delivery. This wrought iron fence is proposed to surround the planned parking lot at the southwest corner of Walnut and Custer Street. Also, the fence will include brick and masonry construction for the pillars. Electric is planned to be incorporated into the design, as lighting fixtures will be installed on the fence pillars. Lastly, this sign variance request involves an existing sign located on the southwest corner of Logan and Walnut Streets. This existing sign promotes the Church Rectory that has been the subject of some concern as of late. However, based on conversations with the petitioner, the use has been modified to include only the Church Rectory, therefore, meeting the Village use standards. The petitioner has indicated to the Village the dwelling will no longer be used for offices or administrative activities, only clergy. The subject sign exceeds the minimum square footage required. The proposed sign is approximately 4.58 square feet, while the Village requires a maximum sign of 120 inches or .83 square feet. This request exceeds the Village standards by approximately 3.75 square feet or exceeding the standard by approximately 552 %. PUBLIC RESPONSE There have been many telephone calls regarding this petition (Estimated to be 10 responses). A majority of the inquiries were requesting additional information and clarification on the proposal. I estimate half of the inquires were in favor of the requests. STANDARDS FOR VARIATIONS See attached Variation Provisions. STAFF RE COMDIENDATION Staff has thoroughly reviewed the proposal and variances requested and offer a favorable determination with the following comments and recommendations: a. Approvals shall substantially conform to the Site Plan, attached hereto as Exhibit "A ", as such plans may be changed to conform to the Village codes and ordinances and the conditions below; b. No construction or earth moving may begin on the site until proper erosion control is properly erected and a site development or building permit is issued c. A one (1) year time limitation, beginning from the date of the Village Board approval, shall be applied to obtain a site development permit for construction. If the time limitation is not met then the variances will be rescinded; d. A complete sign permit shall be submitted to the Village 15 -days following Village Board approval. APPLICANT: i /L f-'^<. COQ DEVELOPMENT DEPARTMENT 418 Hain Street, Lemont, Illinois 60439 Telephone: (630)257 -1595 LAND USE APPLICATION ADDRESS: /4 r •:�' �� `' L / . PHONE: LEMONT Mawr if Far* .Zc/l/ ;71 CITY: 1 /4"/vr✓f /4- STATE/ZIP: 6"437 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 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: & & fz4. r/ -'D Lt'A 1- U Number of Acres: Tax Parcel No.: The following documents* should be attached as applicable: Legal Description y 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. NIISCELLA.. SOUS: Annexation Petition Annexation Agreement Prelim.Plan Prelim. Plat Final Plan Final Plat Rezoning Petition from to Special Use Application / Variance County Case Review Street/Alley/Easement Vacation Text Amendment Other 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. S Notification to the Will -South Cook Soil Conservation District Endangered Species Act Report to Illinois Department of Conservation. OLTALI PING STATEMENT OF APPLICATION: Brief statement describing the proposed development: G/ / -/f /7— / /v / �`/. C e (G' r,1'/ / -3 1/ =7,1,17 QAJ., /-7/ i % J /�I/ �. f /`, .t! i N Cr - G (scfrioc;„ G� /// LJr_' "v / -y '-o r) Please attach additional sheets if necessary. Check here if additional sheets are attached. Number of dwelling units . Type of unit Specifically requested variations to the Zoning and Subdivision Ordinances: FcJVc z 7Z •S ' /A/-4-i-/;z c- i Ars- , Qc t n.t- tz, A'C C-TZ C s( •�'C� `/G 444' c.) Z vA1/71C(— 44. ': /_G� /S � c7/-3 e-- T is Fc.e / r — / ' :Sc'/3i 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 may knowledge. The applicant invites Village representatives to make all reasonable inspections and investigations of the subject property during the period of processing this application. The applicant understands that they are responsible for posting of all hearing signs and mailing of all surrounding property owner notices as required under Ordinance No. 694, unless advised otherwise by the Village. Signature of- Applicant / / I, the undersigned, a Not Public in and for the said County and State aforesaid, do hereby certify that MC /v1 /}S �9 is personally known to me to be the same person whose name is ubscribed to the foregoing instrument, and that said person signed, sealed and delivered the above petition as a free and r luntary act for the uses and purposes set forth. C== ?CIAI.. SEAL* P . Ckti R. SEMK ',car! = ac Sam :! lires 11 \!y'.:arrus+u' i:(s '2f / /� )C1s 10VC 6rA4:w� Given under my hanxd and notary seal this et day of 4 " % A.D./ CP. My commission expires this 5/77I day of .At -CP.m A.D.c?.Pz'/ . otary Signature RECEIVED BY PLANNING DIVISION: DATE AMOUNT RECEIVED BY: (PLANNING PERSONNEL) COMMUNITY DEVELOPMENT DEPARTME MT 418 Main Street, Lemont, Illinois 60439 Telephone: (630)257 -1595 LAND USE APPLICATION APPLICANT: �� f ,; /: , _ ADDRESS: /3 J/ LEMONT vow 4 Foch PHONE: S 7 4/ CITY: L -E,N�' /V /4- STATE/ZIP: 6, 413 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. 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 LNFORMATION: PROPERTY/LOCATION AND /OR COMMON ADDRESS: Goe. Number of Acres: Tax Parcel No.: The following documents* should be attached as applicable: Legal Description k/ List of surrounding property owners Preliminary Plat Preliminary Plan/Site Plan Sales Contract • / Ptat 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: Annexation Petition Annexation Agreement B. DEVELOPMENT/ SU BDTVISION: Prelim.Plan Prelim. Plat Final Plan Final Plat C. ZONLNG RELATED: Rezoning Petition from to Special Use Application / Variance D. MISCELLANEOUS: County Case Review Text Amendment Other 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. S Notification to the Will-South Cook Soil Conservation District. Endangered Species Act Report to Illinois Department of Conservation. OUALIFYING STATEMENT OF APPLICATION: Brief statement describing the proposed development: / •E'_) /v (E 4.4:. 17/ l` !' icC t c /.s� o l' , /-/ / -Cr / /�:� f'/�G ,� / 1, Y (.5/c; e /// c-.13 '-eAl / fey 1-07) Please attach additional sheets if necessary. Check here if additional sheets are attached. Number of dwelling units . Type of unit Specifically requested variations to the Zoning and Subdivision Ordinances: /2-/VC Afe /^1-4'r /9C /WS', g;eii 7/ t -; Czi.' ■ / L4 ZC/ .5 ,j 'l e' 04/,-_,77' 4 / % /S 7--0.e. ti ■ — SC�r3fi 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 may knowledge. The applicant invites Village representatives to make all reasonable inspections and investigations of the subject property during the period of processing this application. The applicant understands that they are responsible for posting of all hearing signs and mailing of all surrounding property owner notices as required under Ordinance No. 694, unless advised otherwise by the Village. Signature of- Applicant / STATE OF COUNTY OF `LL Cc of(_ ic I, the undersigned, a Notary Public in in and for the said County and State aforesaid, do hereby certify that • Mt"Ai/ts c i) is personally known to me to be the same person whose name is ubscribed to the foregoing instrument, and that said person signed, sealed and delivered the above petition as a free and , luntary act for the uses and purposes set forth. � L otary Signature Given under my hand and notary seal this 6 OFFTC At. SEA:. _CrN R. B=Ni:( si scar! - c. Sam ,irca day of 149,, G -v...S % A.D. / C P. My commission expires this SZT7i day of C2.-rn . RECEIVED BY PLANNING DIVISION: DATE AM 0 UNT RECEIVED BY: (PLANNING PERSONNEL) LIC ANT: COMMUNT Y DEVELOPMENT DEPARTMENT 418 Main Street, Lemont, Illinois 60439 Telephone: (630)257 -1595 LAND USE APPLICATION ST • /L Chit' /1/ 14. it DRESS: a(/ CITY: PHONE: 7- LEMONT whew 4 Fwd. /1" L STATE/ZIP: ei ' «37 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. io is acting on behalf of the beneficiary of a trust. 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 b attached to this executed application. SUBJECT PROPERTY ILN'FORMATION: PROPERTY /LOCATION AND/OR COMMON ADDRESS: ? 51 C .L- 0 6379 A/ „cT. Number of Acres: Tax Parcel No.: a-Q-- °2 /J 0/0 The following documents* should be attached as applicable: /Legal Description List of surrounding property owners _Preliminary Plat Preliminary Plan/Site Plan Sales Contract le/ Plat of Survey Final Plat Final Plan/Site Plan Bank Trust Letter _ Proof of Ownership (Deed or Title Insurance Policy) Landscaping Plan Other *Plata 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: Annexation Petition Annexation Agreement Prelim.Plan Prelim. Plat Final Plan Final Plat D. MISCELLANEOUS: Rezoning Petition from to Special Use Application Variance County Case Review Text Amendment Other Street/Alley/Easement Vacation pplicatioa d with this application is the required filing fee. The applicant understands that the fee Ls non - refundable. Please the fee amount with the Planning Staff if there are any questions. S Notification to the Will -South Cook Soil Conservation District Endangered Species Act Report to Illinois Department of Conservation. 'UALiFYLNG STATEMENT OF APPLICATION: rief statement describing the proposed development: Z(/‘-'e 4 ,'''? / 71 L J A/ S/ 6-N,I i /1 S e //2" / Jac', 4_4 //125.— v� �_ c cTO � k ,� �-�,�- r- / _y �/. C.L d ease attach add' ��r-F, cr. oval sheets if necessary. Check here if additional sheets are attached. :amber of dwelling units . Type of unit . )ecifically requested variations to the Zoning and Subdivision Ordinances: £d.:- Q ‘/•"3-r, A/C' /4 - , ri Afe-e: 0 AJ .:C /6-7V S i Z4:-E /524" Ai e74f ; .11.-- /L4j " rzi /s c7-74-1 6 . 1. / L -A1 S / 2-d / .S 2 2 " fig G X .36 w; D c THORIZATION ereby affirm that I have full legal capacity to authorize the filing of this application and that all information and exhlbits rewith submitted are true and correct to the best of may knowledge. The applicant invites Village representatives to make reasonable inspections and investigations of the subject property during the period of processing this application. The licant understands that they are responsible for posting of all hearing signs and mailing of all surrounding property owner :ices as required under Ordinance No. 694, unless advised otherwise by the Village. ATE OF /I' �� n - Date UTYOFi I� Signature . Applicant ie undersigned, a Notary Pu ic in and for the said County and State aforesaid, do hereby certify that Eck �. .... I y .,%.fir -5 f/ ' t frrS N; cLv i 2 z 11 C, is personally known to me to be the same on whose name ips\ibscrileed to the foregoing instrument, and that said person signed, sealed and delivered the above :ion as a free and voluntary act for the uses and purposes set forth. e Notary Si �t\ire OFFICIAL SEAL RCSEMAY YATES NOTARY RUC, STATE CF ILLINOIS MY COMMISSION EXPIRES 8- 12.2000 °n under my hand and notary seal this 1 P'‘ day of 5 r day of 4,;, > A.D. Zc-:- EIVED BY PLANYCiG DIVISION: E A.D. t't=t o . My commission expires this AMOUNT RECEIVED BY: (PLANNING PERSONNEL) R-1 11.406it CORPORATE LIM1T -ITTI 11_1. 1 7-11, • 1 j 1,1 1 1 1 • 1 I . iltor [TLU LT I a 1114;h 111111 (eic• 1 c it JH -_11.111.LI.:11-1j1-1-Ar1417 -CI e; UfU . 1 r :0 111.1 Hifi -111:111 {UP I ;° . ) H1111115[11 H1r _ 1. 11111 .1111)11 Him" 11 ) .co 1 AD --••- ia.anvz oe passed except on the favorable vote of two - thirds of all members of the Village Board. 3 The Village ovard must act on the petition for variation within 'SO days following the rece i va l of thercecoamenda Eion: of tthe Zon i nq- Boa rd of Appeals: 5 Standards for Variations The Zoning Board of Appeals from the regulations of thi unless it shall have made f evidence presented to it in shall not recommend a variation s ordinance, as authorized herein,' indings of fact based upon the each specific case that: . a the property in question cannot yield a reasonable return if permitted to be used only under the con- ditions allowed by the regulations in the district in which it is located; b the plight of the owner is due to unique circumstances; c the variation, if granted, will not alter the essen- tial character of the locality; and Section X11 - 10 - 10/25/79 6 XII -H VARIATION Cont. d for the purpose of implementing the above rules, the zoning Bard of Appeals, in making its determination whether there are practical difficulties or parti- cular hardships, shall also take into considera- tion the extent to which the following facts favorable to the applicant have been established by the evidence: (1) the particuiar physical surroundings, shape, oc topographical condition of the specific property involved would result in a particu- lar hardship upon the Owner, as distinguished from a ,mere inconvenience, if the strict letter of the regulations were carried out; (2) the conditions upon which the petition for vari- ation is based would not be applicable, gener- a ally to other property within the same zoning classification; the alleged difficutty.or hardship has not been created by the owner of the property, or by a previous owner; (4) the Granting of the variation will not be detri- mental to the public welfare or injurious to other property or improvements in the neighbor- hood in which the property is located; and (3) (5) the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the con- gestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. The Zoning Board of Appeals may recommend and the .Village Board may require such conditions and restric- tions upon the premises benefited by a variation as may be necessary to cciply'with the standards set forth in this section to reduce or minimize the injuri- ous effect of such variation upon other property in the neighborhood, and better to carry out the general intent of this zoning ordinance. Authorized Variations Variations from the regulations of tisis zoning ordinance shall. be granted by the Zoning Board of Appeals only in accordance with the standards sec ouc in "H5" and may be granted only in the following instances, and in no others: 5/2/79 - 11 - Section XIi t 1.w_. +• . v. .r, bow.. X11-1 SPECIAL USES Yw� a to permit any yard or setback less than a yard or a set- back required by the applicable regulations; b to permit the use of a lot or lots of record on the effec- tive date of this ordinance for a use otherwise prohibited solely because of insufficient area of width of the lot or lots, but in no event shall the respective area and width of the lot or lots be less than 80 percent of the required area and width; c to permit the same off- street parking facility to qualify as required facilities for two or more uses, provided' that substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week; d to reduce the applicable off- street parking or loading facilities required by ten percent of the applicable regulationm; and e to increase by not more than 25 percent the maximum dis- tance that required parking spaces are permitted to be located from the use served. f to vary the placement, height-, and construction limita- tion of the existing fencing regulations.