O-67-98 08/24/98VILLAGE OF LEMONT
ORDINANCE NO/2 7 9
AN ORDINANCE GRANTING VARIANCE TO PERMIT A
SIDEYARD SETBACK TO BE 8.8 FEET INSTEAD OF THE REQUIRED 10
FEET AT 425 FREEHAUF, LEMONT, ILLINOIS
ADOPTED BY '111I;
PRESIDENT AND BOARD OF TRUSTEES
OF 1H1 VILLAGE OF LEMONT
This 24th day of August 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 24th
day of August 1998.
ORDINANCE NO. '1, ? -93
AN ORDINANCE GRANTING VARIANCE TO PERMIT A
SIDEYARD SETBACK TO BE 8.8 FEET INSTEAD OF THE REQUIRED 10
FEET AT 425 FREEHAUF, LEMONT, ILLINOIS
WHEREAS, John and Rae Ann Sadlis, hereinafter referred to as "the Petitioners," are the
owners of an approximately 1/4 acre parcel, hereinafter referred to as "the subject property," located
at 425 Freehauf Street Lemont, Illinois and legally described in Exhibit "A."
WHEREAS, the Petitioner made application under the provisions of the Lemont Zoning
Ordinance of 1980 (No. 426), for a Variance to permit a sideyard setback to be 8.8 feet instead of
the required 10 feet, pursuant to Section V.B.3.b. of the Lemont Zoning Ordinance; and
WHEREAS, the Planning and Zoning Commission of the Village of Lemont, Illinois, in
accordance with said Zoning Ordinance, conducted a Public Hearing on the petition on July 21, 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 a variation for the
subject property.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF l'HE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE, AND
WILL, ILLINOIS:
PHONE N0. : 630 243 0958 Aug. 10 1998 12:00PM P4
SECTION 1: Variance.
A Variance pursuant to Section V.B.3.b. is hereby granted to permit a second story addition
to the southwest section of the home at 425 Freehauf Street to be 8.8 feet from the property
line subject to the conditions in Section 2 of this Ordinance.
SECTION 2: Conditions.
1. The addition shall substantially conform to the Site Plan, attached hereto as Exhibit "B,"
except as such plans may be changed to conform to the Village codes and ordinances.
2. A building permit must be issued within one (1) year of the date of Village Board approval
If a building permit is not issued within this time period, the variance approval shall lapse.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTY OF COOK, ILLINOIS, on this 24 day of Anaust
1998.
Barbara Buschman
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
Mary Studebaker
Attest:
AYES NAYS PASSED ABSENT
Approved by we this 24th day st 1998.
/Atka
RIC A. KWAS ` SKI, VILLAGE PRESIDENT
OVED AS T
mss.. ////i .f/e
John" Antonopoulos, V'llage Attorney
ENE SMOL EN, Village Clerk
EXHIBIT A
LOT 121 IN TIMBERLINE UNITS II & III - PHASE 2, BEING A RESUBDIVISION OF
PARTS OF LOTS 6, 7, 8, 9, 10, 11, 12 AND 14 IN COUNTY CLERK'S DIVISION OF
SECTION 30, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN COOK COUNTY, ILLINOIS.
PIN #: 22- 30- 409 -009;
•
PLAT OF SURVEY
OF
LOT 25 IM BLOCK 11 OF HILLYIEW ESTATES UNIT NUMBER 2. BEING A SUBDIVISION OF THE EAST HALF
OF,THE EAST HALF OF SECTION 29. TOWNSHIP 37 NORTH. RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN.
IN COOK COUNTY. ILLINOIS.
�- Greater Illinois
Survey Company
RI
One North Lade - Sub 1215
Chicago. Blois 60602
Phone: (312) 2367300 Farr (312) 2360281
ORDER NO. 7851
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STATE OF ILLINOIS 1 q
COUNTY OF COOK 1
Greater t111nois Survey Company hereby ourtlf as that tt has
surveyed the tract of land spore described and that the
hereon drawn plat Is a correct representation thereof.
This surrey has been made for use In connection with
s real estate or mortgage loan transaction end Is not to
be used for construction.
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SUBJECT
PROPERTY
AMYL, ■■• lab
COMMUNITY DEVELOPMENT DEPARTMENT
418 Main Street, Lemont, Miele 60439
Telephone: (630)257,.1595
LAND USE APPLICATION
acll)
RESS i�}
+rec+
CITY: m o - I' L srArE,ziP: 6 0 Y39
SSE CHECK O 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 co of said
application.
P3' contract to this
_Applicant is acting on behalf of the beneficiary of a trust.
event that the subject property is held in trust, as an authorized individual acting � a notarized letter from an authorized trust officer identifying th
age of interest of each lvidua is g ttt behalf of the beneficiaries and providing the name, address and
beneficiary is attached to this executed application.
r PROPERTY INFORMATION:
RTY/LOCATION AND /OR COMMON
SS:
Stmt nriOn+ I L
60
of Acres: Tax Parcel No.:
:wing documents" should be attached as applicable:
aI Description List of surrounding property owners _Preliminary Plat preliminary Plan/Site Plan
s Contract iLPlat of Survey )~Ina! Plat
Final Plan/Site Plan Bank Trust Leiter
f of Ownership (Deed or Title Insurance Policy) Landscaping Plan
Other
d Plans mast be folded to 8 1/2 x 11" format (except mylar originals).
REQUESTED ACTION:
:ck all that apply:
_ATION:
imam.
4F
LICANT:
PHONE: 630 257. 1Z ZS
OPMENT/
TS[ON: Prelim.Pian
Prelim. Plat Final Plan
Flora! Plat
G RELATED: Rezoning Petition from
to
Special Use Application ___,X,_
Variance
- L3,VEOUS: County Case Review
Street/Alley/Easement Vacation
Text Amendment Other
Annexation Petition Annexation Agreement
Application
,matted with this application ks the required tiling fee. The applicant understands that the fee is non- re1ltndable.
ase confirm the fee amount with the Planning Staff if there are any questions.
1 5O t 3300 (esc_ ret~,l
Notification to the Will -South Cook Soil Conservation District.
Endangered Species Act Report to Illinois Department of Conservation.
AI.IFYTNG STATEMENT OF APPLICATION:
:f statement describing the proposed development:
AAA a
` +h FieAronr. ever
ex ; nc 3ara3
se attach additional sheets if necessary. Check here __ if additional sheets are attached.
fiber of dwelling units i . Type of unit Hew s ,r
:ifically requested variations to the Zoning and Subdivision Ordinances:
G X 1 5 f t rL 3 c5ar Q a 3. O Te.a'f' } rr,n -L c i t Jo-F i 1 !1 C
HORIZATION:
-eby affirm that I have full Legal capacity to authorize the filing of this application and that all information and
its herewith submitted are true and correct to the best of may knowledge. The applicant invites Village
:sentatives to make all reasonable inspections and investigations of the subject property during the period of
essing this application. The applicant understands that they are responsible for posting of all hearing signs and
ng of all surrounding property owner notices as required under Ordinance No. 694, unless advised otherwise by
%lunge.
E OF 224/AA2 /5
Date
NTY OF ■11/%66
275144.13===c1.-----S4`..2
ignature of Applicant
andu signed Notary Public in and for the said County and State aforesaid, do hereby certify that
/YNt/ -)*bU S is personally known to me to be the same person whose name is
:ribed to the foregoing instrument, and that said person signed, sealed and delivered the above petition as a free
oluntary act for the uses and purposes set forth.
4-ked
Notary ignature
under my hand and notary seal this Z da y of /46 8R
/C! A.D. /”q. My commission expires this
_ day of A.D.
"OFFICIAL SEAL"
DAVID A, 80CH
Notary Ptbtle, 5thtn of IINaob
Commission 04%03101.
.IVED BY PLANNING DIVISION:
AMOUNT RECEIVED BY: (PLANNING PERSONNEL)
Mayor Richard A. Kwasneski and
Board of Trustees
Village of Lemont
418 Main Street
Lemont, IL 60439
RE: 98.18. A petition by John and Rae Ann Sadlis, 425 Freehauf Street requesting a sideyard
variance to construct an addition to the second floor of the existing residence.
Dear Mayor Kwasneski and Village Trustees:
The Planning and Zoning Commission conducted a public hearing on the above noted case on July
21, 1998. The petitioner, John and Rae Ann Sadlis, is requesting zoning relief for a sideyard
variation to permit the construction of the second story addition. The plans indicate an existing
garage that currently encroaches into the sideyard setback approximately 1.2 -feet, as the Village
requires a ten (10) foot setback for the western elevation. Because the existing building has a
setback of 8.8 -feet the Village identifies this dwelling as a legal non - conforming structure. The
Village grants "Grant Father" status to non - conforming buildings, permitting them to continue as
long as the non - conforming is not increased or added to. This proposed addition conflicts with
the Village non - conforming policy, as the addition will be adding to the non - conforming structure,
creating more bulk building area in the already existing setback encroachment.
The Commission heard testimony by the Village Planner and the petitioner. No members of the
public spoke against this petition. Following careful review of the proposal the Planning and
Zoning Commission is recommending a favorable vote of 5 -0.
Sincerely,
Terry Duffy, irper o
Lemont Planning and Zoning Commission
PLANNING AND ZONING COMMISSION
STAFF REPORT BY JIM PERRY
July 21, 1998
GENERAL CASE FILE
Case Number 98.06
Petitioner John & Rae Ann Sadlis
Request Side Yard Variance to permit a second story
addition to an existing garage.
Location 425 Freehauf Street
Parcel Number 22 -29- 233 -028
Size .25 acres
Street Frontage 70 feet
Current Zoning R-4, Single Family
Contiguous Zoning North, R -4, Single Family Residential
South, R -4, Single Family Residential
East, R -4, Single Family Residential
West, R -4, Single Family Residential
Current Land Use Single Family Residential
of subject property
Contiguous Land Use
North, Single Family Residential
South, Single Family Residential
East, Single Family Residential
West, Single Family Residential
Comp Plan Designation Single Family Residential
Exhibits Land Use Application, Location Map, Site Plan,
Plat of Survey, Construction Illustration.
CHARACTER OF THE AREA
The general makeup of the area is single family detached residential with similar 1/4 acre lot size.
The neighborhood is generally well maintained and visibly in good condition, with similar home
construction styles. The architectural styles of the homes in vicinity are predominately ranch a:d
bi -level brick and wood frame structures.
PETITION REQUEST
The petitioner is planning to construct a second story addition to the existing attached garage.
The improvements include an approximate 235 square foot master bedroom and master bathroom
with whirlpool tub.
The petitioner's request is for approval for a sideyard variation to permit the construction of the
second story addition. The plans indicate an existing garage that currently encroaches into the
sideyard setback approximately 1.2 -feet, as the Village requires a ten (10) foot setback for the
western elevation. Because the existing building encroaches into the setback the Village identifies
this dwelling as a legal non - conforming structure. The Village policy typically governs this issue
by allowing a non - conforming buildings to continue or a "Grand fathered" non - conforming
building. The building is permitted to exist as long as the non - conformity is not increased or
added to. This proposal conflicts with Village non - conforming policy, as the addition will be
adding to the non - conforming structure, creating more bulk building area in the already existing
setback encroachment.
PUBLIC RESPONSE
There have been few public inquires or concerns express to the staff regarding this petition. The
concerns relate to specific questions about the petition rather than opposition or support of this
petition.
STAFF RECOMMENDATION
It is staff's opinion because the existing structure does not impede any drainage ways for the
neighborhood, nor will the structure create a burden on neighboring property owners, it is staff's
position the variance is a reasonable request and staff offers a favorable opinion of the petition.
Staff also recommends all approvals are subject to the following conditions:
A. Approvals shall substantially conform to the Site Plan, attached here to as Exhibit "B ",
except as such plans may be changed to conform to the Village codes and ordinances;
B. A one (1) year time limitation, beginning from the date of the Village Board approval,
shall be applied to obtain a building permit for construction. If the time limitation isnct
met then the variance will be rescinded.
LEMONT
Village of Faith
PLANNING & ZONING COMMISSION
418 Main Street, Lemont, 11 60439 -3788
Tory Duffy, Ciairman
Gary D. Gray
Thomas J. Mover
Katherine 11. Murphy
Ellen Pearson
Ronald !.Stapleton
Scott Studebaker
MINUTES
JULY 21, 1998
The meeting of the Lemont Planning & Zoning Commission of the Village of
Lemont was held on Tuesday, July 21, 1998, at the Village Hall. The meeting
was called to order at 7:04 p.m. by Chairman Terry Duffy. The following
commissioners were present: Katherine Murphy, Ellen Pearson, Ron Stapleton
and Scott Studebaker. Absent: Gary Gray and Tom Metzger. The following staff
was also present: Jim Perry and Lisa Wuethrich.
A motion was made by Mr. Stapleton and seconded by Ms. Pearson to approve
the July 7, 1998 minutes with a correction on page 2 to read Mr. Stapleton asked
if the inoperable siren can be removed. Motion carried 5-0.
CONTINUED PUBLIC HEARING
A. 98.14 request for a Special Use to allow personal communications services
antenna and related equipment on top of and adjacent to the Village water tower
at 731 Houston Street.
Mr. Perry said that a number of public improvements have been done to the site
by the Public Works Department, including paving, backfilling and seeding on
the north side, sodding around the existing driveways, planting of flowers and
the addition of decorative brick, removal of the brush and shrubs and blinds in
the windows. Mr. Perry said that Dan Fielding, Director of Public Works, also
plans to remove the existing dumpster and put in curb and gutter along Houston
Street.
Mr. Perry said that Nextel is still proposing to erect a cyclone fence and has not
made any changes to their landscape plan.
Mr. Perry said that in a meeting with himself, Mr. Fielding and Michael Stern of
1
Nextel, a number of issues were brought up. Mr. Fielding said that he does not
know who owns the inoperable siren, but will talk to the Fire Department. Mr.
Fielding said that the construction of a brick building on the site would become a
maintenance problem, as would painting the wires due to chipping and the need
for repainting.
Mr. Perry addressed some of the comments and questions raised at the Public
Hearing portion of the meeting by stating that there will not be an infringement
on the neighbor's oak trees and there is already an existing drainage problem on
the site and the addition of the proposed concrete pad will not effect drainage.
Mr. Perry said that the addition of the landscaping may even help the runoff. Mr.
Perry said that Police Chief Jack Bluis said that the lighting on the site is for
security reasons.
Mr. Stapleton said that he agreed with Mr. Fielding about the brick building being
a maintenance problem and is in favor of the wrought iron fence. Mr. Stapleton
said that he would like to see the cables in conduit.
Ms. Murphy said that she concurs with Mr. Stapleton and wants trees around the
perimeter, particularly along the east property Tine, and is in favor of an iron or
aluminum fence.
Ms. Pearson agreed with Mr. Stapleton and Ms. Murphy and would like to see
enhanced landscaping beyond what Nextel is proposing.
Mr. Studebaker said that they make an aluminum fence that looks light wrought
iron.
Chairman Duffy said that the property is owned by the Village and there is a limit
to the number of improvements that Nextel can do. Chairman Duffy said that he
would like to see additional landscaping, as dense as possible, to the east side
of the property, does not think that a sealed unit can be put around the cables,
agrees with Mr. Fielding about the chipping paint on the cables, thinks that
security is important, and does not have a problem with the existing fence.
Chairman Duffy asked Mr. Studebaker to get Nextel information on the aluminum
fence.
A motion was made by Ms. Murphy and seconded by Ms. Pearson to approve
case number 98.14 request for a Special Use to allow personal communications
services antenna and related equipment on top of and adjacent to the Village
water tower at 731 Houston Street, along with staff recommendations and four
provisions: 1. Provide trees and landscaping on the east property line, if not the
entire perimeter of the property; 2. Install iron or aluminum fence instead of
cyclone; 3. Look into removing the inoperable siren; and 4. Have appropriate
lighting looked into by Village staff. Motion carried 5-0 by roll call vote.
2
PUBLIC HEARING
A. A motion was made by Mr. Stapleton and seconded by Ms. Murphy to open
the Public Hearing case number 98.17 request for Variance to allow a front yard
setback for a proposed building addition to be 11'7° instead of the required 40
feet at 625 State Street, known as St. Alphonsus Church. Motion carried 5-0.
Mr. Perry said that St. Al's is requesting a developmental variance to construct a
terrace or congregation area. The 672 square foot addition will replace the
existing stairway, will have gothic omamental lighting and will compliment the
existing architecture. The existing stairway on State Street will be removed as
part of the State Street Improvement Project, which will no longer give the
church pedestrian access on State Street. Entry will only be accessible from
Logan and Custer Streets.
Tom Manzella, St. Al's Property Manager, said that they are currently upgrading
the entire property and would like to enlarge their current entrance to
accommodate 1000 families. Mr. Manzella said that the proposed terrace will be
no higher in height than what currently exists.
Mr. Stapleton asked if there will be ramps. Mr. Manzella said that they currently
have a handicap ramp which will remain.
Ms. Murphy asked how high the lampposts will be. Mr. Manzella said that the
plans presented are not final renderings, but the lights will be approximately six
feet tall. Mr. Manzella said that the entire structure, from the ground to the top of
the lights, will be approximately 20 feet in height.
Mr. Stapleton asked if the existing sidewalk will be moved as part of the State
Street Improvement. Mr. Perry said no.
Ms. Pearson said that the terrace looks like a barrier to the entranceway. Mr.
Manzella said that he does not have a rendering with the church behind the
terrace, but the platform comes out far enough to still be able to see the
entrance arches.
Chairman Duffy asked how far the proposed planter comes out from the
platform. John Stanton, architect of the project, said that it comes out about four
feet and is about two feet high. Chairman Duffy said that with the planter, it looks
like the front yard setback will be about seven feet instead of 11.7 feet.
Chairman Duffy asked if there will be adequate drainage due to the additional
concrete. Mr. Perry said that the structure may increase the runoff rate, but it
looks like water will still drain to State Street.
3
Mr. Perry said that the proposed structure does not encroach into the 25 foot
visibility triangle, but it does encroach into the 50 foot visibility triangle. Staff
does not think the 50 foot visibility triangle encroachment will be a problem from
a safety standpoint.
Mr. Stanton said that the addition will be a safety feature because it will keep
people contained on the terrace instead of gathering on the existing sidewalk
which is fairly close to State Street.
Chairman Duffy asked if State Street could ever be widened. Mr. Perry said that
it is a future possibility.
Chairman Duffy said that before a decision can be made, the commissioners
need to get some more information from staff, particularly from Joanna Littrell
regarding future planning for State Street. Chairman Duffy said that the terrace
is a beautiful addition, but an excessive variance.
P.J. Fitzgerald, of 508 State Street, said that she is concerned about the
variance distance to State Street. Ms. Fitzgerald asked if St. Al's is building a
foundation to enclose the structure with a roof and windows, and what will keep
them from adding to the terrace in the future. Chairman Duffy said that the
commissioners have to go by what Mr. Manzella is saying will be done. Mr.
Manzella said that they do not have any plans to enclose the terrace.
A motion was made by Ms. Murphy and seconded by Ms. Pearson to close the
Public Hearing. Motion carried 5-0.
Mr. Stapleton said to check for water runoff and for the possibility of State Street
widening. Ms. Murphy asked for staff to come up with other projects in Lemont
with similar setback variances.
A motion was made by Mr. Stapleton and seconded by Ms. Murphy to move
case number 98.17 request for Variance to allow a front yard setback for a
proposed building addition to be 11'75 instead of the required 40 feet at 625
State Street, known as St. Alphonsus Church to a workshop meeting on August
4, 1998. Motion carried 5-0 by roll call vote.
B. A motion was made by Mr. Studebaker and seconded by Ms. Pearson to open
the Public Hearing case number 98.18 request for Variance to allow a side yard
setback for a second story addition to an existing garage to be 8.8 feet instead
of the required 10 feet at 425 Freehauf Street. Motion carried 5 -0.
Mr. Perry said that the petitioner is requesting to construct a 235 square foot
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addition above the existing garage. Mr. Perry said that the garage is currently
non - conforming and encroaches 1.2 feet into the 10 foot setback.
Petitioner John Sadlis said that the setback only encroaches at the corner of the
garage.
A motion was made by Mr. Stapleton and seconded by Mr. Studebaker to close
the Public Hearing. Motion carried 5-0 by roll call vote.
A motion was made by Mr. Studebaker and seconded by Mr. Stapleton to
approve case number 98.18 request for Variance to allow a side yard setback for
a second story addition to an existing garage to be 8.8 feet instead of the
required 10 feet at 425 Freehauf Street along with staff comments. Motion
carried 5 -0.
OLD BUSINESS
A. Derby Park
Mr. Perry said that the petitioner has submitted a new concept plan and has
eliminated the townhomes, moved the boulevard to the south, moved the park
and open space detention to the middle of the development, identified the
existing house on the plan and decreased the number of units from 252 to 216.
Mr. Perry said that the petitioner still does not have a contract to purchase and
still needs to annex six to ten homes for contiguity.
Mr. Stapleton said that he would like to see schematics for the cluster family.
Chairman Duffy said that he still has a problem with the proposed commercial
and would like to get an idea from the petitioner for what is planned.
B. Woodhill Estates
Mr. Perry said that the petitioner told staff it would be cost prohibitive to connect
to Main Street and could be a deal breaker if they are required to connect.
Chairman Duffy told Mr. Perry to tell the petitioner that the road has to go
through. Ms. Murphy said that she is not in favor of granting bulk variances.
Andy Goyer, of 459 Fourth Street, expressed his concerns about the traffic the
subdivision will create and said that traffic will be backed up on Fourth Street
trying to get on McCarthy Road.
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AGENDA
Aug. 4 Target Public Hearing
St. Al's Workshop
A motion was made by Mr. Stapleton and seconded by Mr. Studebaker to
adjourn the meeting. Motion carried 5-0.
The meeting adjoumed at 8:53 p.m.
L t LD L t-h r(c if\
Lisa Wuethrich
Secretary
Planning & Zoning
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