O-1021-96 09/09/96VILLAGE OF LEMONT
ORDINANCE NO. /dal
AN ORDINANCE GRANTING VARIANCES TO THE LEMONT
ZONING ORDINANCE AND A REQUEST TO WAIVE
REQUIREMENTS OF THE SUBDIVISION ORDINANCE
(Smollen's Resubdivision)
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This day of
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Cook, DuPage, aid Will
Counties, Illi • • is this
day of . i /yA.`'_ /Ago" , 1996.
1996.
ORDINANCE NO. /6c2/
AN ORDINANCE GRANTING VARIANCES TO THE LEMONT
ZONING ORDINANCE AND A REQUEST TO WAIVE
REQUIREMENTS OF THE SUBDIVISION ORDINANCE
(Smollen's Resubdivision)
WHEREAS, George Smollen, hereinafter referred to as "the
Petitioner ", is the owner of an approximately 2.5 acre parcel,
hereinafter referred to as "the subject property ", located at 641,
645 and 649 First Street, in 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 Variance to
Section VII- E- 7- a -(2), Section VII- E -4 -a, and Section VII- E -7 -a-
(1). The Petitioner is also requesting to waive requirements of the
Subdivision Ordinance including school impact fees, fees for public
improvements, storm water detention study & requirements, grading
plan, engineering report and side yard utility easements.
WHEREAS, the Planning and Zoning Commission of the Village of
Lemont, Illinois, in accordance with said Zoning Ordinance,
conducted a Public Hearing on the petition on August 6, 1996; 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 a variation to Section VII-E-7-a-(2) of the
Lemont Zoning Ordinance to permit south side yard setback of -7
feet on Lot 1 to permit a swimming pool to be located seven (7)
feet on the proposed Lot•2, a variation to Section VII- E- 7 -a -(1)
to permit a front yard setback eight (8) feet on the proposed Lot
3 and a variation to Section VII- E- 7 -a -(2) to permit a north side
yard setback of 10 feet on the proposed Lot 3; and
WHEREAS, the Lemont Planning & Zoning Commission has
recommended approval of a waiver of all Land /Cash fees and
improvements as required under the Subdivision regulations; 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, THEREFORE, BE IT ORDAINED by the President and Board of
Trustees of the Village of Lemont, that the petitioner, George
Smollen, be granted the requested variations as recommended by the
Planning & Zoning Commission and the request to waive requirements
of the Subdivision Ordinance subject to the conditions attached
hereto as Exhibit "B "..
PASSED AND APPROVED B THE PRESIDENT AND BOARD OF TRUSTEES OF
THE V�JGE OF LEMONT,/ CO , TY OF COOK, ILLINOIS, on this
day of , 1996.
Barbara Buschman
Alice Chin
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
Approved by me this
Attest:
AYB�
V
ki
NAYS PASSED ABSENT
AO/,, if
CHARLENE SMOLLEN, Village Clerk
ARLENE SMOOLLEN, Village Clerk
Prepared by:
Planning Department
Village of Lemont
418 Main Street
Lemont, I1 60439
PIN #: 22 -28- 104 - 028;029;082;
AS
,1996.
VILLAGE PRESIDENT
EXHIBIT "A"
LOTS 15, 16 AND THE NORTH HALF OF LOT 17 IN GEORGE L.
BECKER'S SUBDIVISION OF THE EAST HALF OF THE NORTHWEST 1/4
OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PIN #: 22-28- 104 - 028;029;082;
PLANNING AND ZONING COMMISSION RECOMMENDATION -- SMOLLEN
RESUBDIVISION
1. The subdivision shall generally conform to the Plat of
Smollen's Resubdivision, attached hereto as Exhibit "C ",
except as such plans may be changed to conform to Village
Codes and Ordinances and the conditions below.
2. All land /cash requirements, engineering and stormwater
studies, and all public improvement requirements are waived
for the existing buildings.
3. A variation is approved for a south side yard setback of
negative seven ( -7) feet (seven foot encroachment onto Lot 2)
instead of the 15 foot setback required on the proposed Lot 1
as indicated on Exhibit "D ". If the pool is destroyed or
removed in the future, it shall be reconstructed to conform to
the Zoning Ordinance requirements.
4. Lot 2 shall be revised to have an 80 foot lot width by moving
the proposed north lot line further north by eight (8) feet.
5. A variation is approved to allow the existing home on Lot 3 to
be eight (8) feet from the front lot line instead of the
minimum required 25 feet. A variation is also approved to
allow the home to be ten (10) feet from the north property
line instead of the minimum required 15 feet. Both of these
are indicated on Exhibit "E ".
6. If any of the existing homes are replaced or rebuilt in the
future, the owner shall connect same to the Village water
system, unless village codes should require such connection at
an earlier time.
7. A license agreement shall be created and signed to allow the
existing swimming pool on Lot 1 to remain such that it
encroaches by seven (7) feet onto Lot 2. Said agreement shall
be completed and executed prior to recording of the Plat of
Resubdivision.
8. All future new construction which alters the footprint of the
existing structures shall follow all zoning ordinance
requirements.
EXHIBIT "C"
SCHOMIG LAND SURVEYORS LTD.
PLAT OF
SMOLLEN'S S RESUBDIVISION
BEING A RESUBDIVISION OF:
NORTHWEST W 16 AND OF SECTION NORTH
TIION 28, LTOWNSHIP 37 NORTH,
RANGE 11 BECKERS'S
OF SUBDIVISION
THE THIRD PRINCIPAL MERIDIAN, OF THE
NORTHWEST 1/4 OF SE
IN COOK COUNTY, ILLINOIS. -
1698.84' REC
FOUND IR
0.05' S
0.35'
CENTER LINE OF MC CAFE ROAD
A
N PIPE 1
AND
>
33' d r
Iii
o-: •
ION PIPE (' _
SOUTH \
co o
O
. w O 6
co
0 • co M
▪ I ON PIPE
r
HI
C/]
.-I
FOUND
0.05'
0.05'
r
m
w
w
LOT 1
LOT 2
LOT 3
O
0
33' to
RON
EAST AND
OUTH
299.04'
LOT 1:3
PIN 22 -28- 104 -028
299.11'
299.15'
LOT SE)
PIN 22 -28 -104 -029
FOUND IRON PIPE
" ON LINE AND
‘1.30' NORTH
I •
ISO
w r.
w
NORTH 1/2 OF LOT 17
PIN 22 -28- 104 -082
299.23'
SOUTH 1/2 OF' LOT 17
(NOT INCLUDED)
2I
w �
, IRON PIPE
8' SOUTH
i
0
0I o O
z I 0
Q a°O O T[
O
IRON PIPE
SCALE: 10=50'
0..
o_
o
N
Ie
0
12.1e) FOUND IRON ROD
ON UNE AND
0.89' WEST
FTRIBIT "D"
SCHOMIG LAND SURVEYORS LTD.
PLAT OF SURVEY
LOT 1 IN SMOLLEN'S RESU80IVISION OF LOTS 15, 15 AND THE NORTH HALF OF LOT 17 IN GEORGE L. BECKERS'S SUBDIVISION OF THE EAST
OF THE NORTHWEST 1/4 OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN. IN COOK COUNTY, II.IIN(
1
Rao
FOUND IRON PIPE
0.05' SOUTH AND
0.35' EAST
O
O
c0�
CV
•-4
. • .IRON PE
299.04'
55.46'
LOT 1
12.21'
aFRAME
SHED
WF 1.64' NORTH
299.11'
1 1 _
'.i
ci
4$
a
0
EmI$3T 1 +Ea
SCHOMIG LAND SURVEYORS LTD.
PLAT OF SURVEY
LOT 3 IN SMOLLEN'S RESU8OMSION OF LOTS 15, 16 AND THE NORTH HALF OF LOT 17 IN GEORGE L. BECKERS'S SUBDIVISION OF THE EAST H/
OF THE NORTHWEST 1/4 OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS
c
STAFF REPORT TO THE PLANNING AND ZONING COMMISSION
FROM SCOTT EVENING, VILLAGE PLANNER
GENERAL CASEFILE INFORMATION
Case Number
Commission Meeting Date
Petitioner George Smollen
96.20
August 6, 1996
Request
1. Review & Approval of a
Preliminary & Final 3 lot Plat
of Smollen's Resubdivision
2. Variation to allow a swimming
pool with a side yard setback
of one (1) foot instead of
minimum required 15 feet
(Proposed Lot 1)
3. Variation to allow lot width to
be 72 feet instead of minimum
required 80 feet (Proposed Lot
2)
4. variation to permit a front
setback of eight (8) feet
instead of minimum required 25
feet (Proposed Lot 3)
5. Variation to permit a north
side yard setback of 10 feet
instead of minimum required 15
feet (Proposed Lot 3)
6. Waiver of required public
improvements including
land /cash donations, public
improvement fees, storm water
detention study & requirements,
grading plan, engineering
report and side yard utility
easements (Entire
Resubdivision)
Location 641, 645 and 649 First Street
Parcel Number(s) 22 -28- 104 -028; 22 -28- 104 -029; 22-28-
104 -082
Size
Street Frontage
2.5 acres more or less
330 feet on First Street
Current Zoning
R -4 Single - family Detached
Residential District
NORTH, SOUTH and EAST: R -4 Single -
Family Detached Residential District
WEST: R -1 Single - Family Detached
Residential District
Contiguous Zoning
Current Land Use Residential
Contiguous Land Use NORTH, SOUTH and EAST: S i n g l e
Family Residential
WEST: Vacant /Farm Land
Comp Plan Designation Low Density Residential
Exhibits
Subdivision Plat, Lot 1, 2 and 3
Plats of Survey, Land Use
Application Form & Addendum (2
Pages), Location Map
CHARACTER OF THE AREA
This area, commonly known as the "Stray 80 ", was annexed to the
Village of Lemont in 1977. Most of the homes in this area were
built prior to the annexation, under Cook County regulations. though
Village of these properties are still V e water and sanitary ssewer.
some lots are serviced by g
DEVELOPMENT PROPOSAL
The Planning & Zoning Commission will consider a request to:
1. Review and approve of a preliminary and final three (3) lot
subdivision to be known as Smollen's Resubdivision.
2. Recommend approval of a variation to allow a swimming pool
with a side yard setback of one (1) foot instead of minimum
required 15 feet (Proposed Lot 1)
3. Recommend approval of a variation to allow lot width to be 72
feet instead of minimum required 80 feet (Proposed Lot 2)
4. Recommend approval of a variation to permit a front setback of
eight (8) feet instead of minimum required 25 feet (Proposed
Lot 3)
5. Recommend approval of a variation of to permit t a oared sid
5e fard
setback of 10 feet instead
(Proposed Lot 3)
2
6. Recommend approval of a waiver of required public improvements
including land /cash donations, public improvement fees, storm
water detention study & requirements, grading plan,
engineering report and side yard utility easements (Entire
Resubdivision)
HISTORY
This property consists of Lots 15 and 16 and the north half of Lot
17 in the George Becker's Subdivision. This area was originally
platted in 1880. At some point, three (3) houses were built on the
subject property. However, the location of each of the homes did
not correspond with the location of the lot lines. The petitioner
is now proposing this resubdivision of the land to correct the
locations of the lot lines so that each home would be located on a
single lot. No changes are proposed as part of the subdivision.
The petitioner does intend to erect an addition onto one (1) of the
homes on the parcel.
ZONING ORDINANCE
The petitioner has requested several variances as part of the
requested approval.
an existing swimming Lot 1, a
be located aone (1)
requested to
foot from the south property line. variance is
the minimum
On Lot 2, t f ronta e to be reduced to 72 feet from he minimum
required lot g
required 80 feet.
On Lot 3, a variance is being requested to allow a front setback of
eight (8) feet instead of the minimum required 25 feet. A variance
is also being requested on this lot to permit a side yard setback
of 10 feet instead of the minimum required 15 feet.
It should be noted that these setbacks are based on the structures
that are already existing, and do not represent any additions onto
buildings. No additional lots will be created out of this
subdivision. There is a non - conforming two -flat located on the
property. This structure would be allowed to remain as a two -
family dwelling until the use is discontinued, or the structure is
damaged more than 60% of the reconstruction costs.
SUBDIVISION ORDINANCE
The petitioner, since they are not creating any additional lots or
expanding building areas beyond what is allowed in the by ning
Ordinance, is asking for a waiver of items that are the
Subdivision Ordinance. More specifically, they are i asking mprovement
f
waivers of the land /cash requirements, public
3
requirements, storm water detention study and requirements, grading
plan, engineering report and side yard utility easements. They
have stated that since they are only changing the lot lines, and
are not creating any buildable lots, they should be allowed a
waiver from these requirements. The site and right -of -way would be
left "as -is ", except that they would be dedicating 33 feet of
right -of -way for First Street.
EVALUATION
1. Comprehensive Plan - The land use is consistent with the
Comprehensive Plan Future Land Use Map which calls for "Low Density
Residential" uses.
2. Land Use - The surrounding uses to the north, south and east
are of a similar density and lot size. Property to the west is
lower density in that it is a farm parcel.
3. Streets - The owner proposes to dedicate 33 feet for the First
Street right -of -way. Most of the east half of First Street is in
a street easement, not a public right -of -way. No improvements are
proposed along First Street.
4. Buildings - All buildings on the site are existing. Two (2) of
the structures are single family dwellings, while a third home is
a two - family dwelling. A detached frame garage is located on each
of the proposed lots. No new buildings are proposed as part of the
subdivision. The petitioner does plan to put an addition onto one
(1) of the single family dwellings at a later date. The petitioner
also proposes to replace one of the detached garages as well. No
other changes are being proposed.
5. Water supply - All homes are on a private well system. No
connections to the public water supply are proposed at this time.
A 16 inch water main exists on the property to the north.
6. Sanitary sewer - A public sanitary sewer exists along the rear
lot line of this property. All three (3) of the existing homes are
already connected to the public sewer system.
7. Stormwater management - Since no changes will be made to local
grade, nor the footprint of any structures on the site, no
stormwater management plan has been proposed. The local conditions
before and after the proposed subdivision should be the same.
PUBLIC RESPONSE
As of this writing, only one person called inquiring about the
petition.
4
STAFF RECOMMENDATION
Staff recommends approval of the proposed three (3) lot Plat of
Smollen's Resubdivision, and all the variances proposed. The
subdivision is just a redivision of the land which would place each
of the existing homes on their own lot. The variances requested
are for either existing conditions, or are conditions which are
being created solely by the redivision of land. The waiver of
land /cash donations, public improvements, etc., is similarly
justified because no new construction is proposed for the
resubdivision. As part of this recommendation, staff would
recommend the following conditions of approval:
1. The subdivision shall generally conform to the Plat of
Smollen's Resubdivision, attached hereto as Exhibit "A ",
except as such plans may be changed to conform to Village
Codes and Ordinances and the conditions below.
2. All land /cash requirements, engineering and stormwater
studies, and all public improvement requirements are waived
for the existing buildings.
3. A variation is approved for a south side yard setback of one
(1) foot instead of the fifteen foot setback required on the
proposed Lot 1 as indicated on Exhibit "B ". If the pool is
damaged or removed in the future, it shall be reconstructed to
conform to the Zoning Ordinance requirements.
4. A variation is approved to permit Lot 2 to be 72 feet in width
instead of the minimum required 80 feet as indicated on
Exhibit "C ".
5. A variation is approved to allow the home on Lot 3 to be eight
(8) feet from the front lot line instead of the minimum
required 25 feet. A variation is also approved to allow the
home to be ten (10) feet from the north property line instead
of the minimum required 15 feet. Both of these are indicated
on Exhibit "D ".
6. If any of the existing homes are replaced or rebuilt in the
future, the owner shall connect same to the Village water
system, unless village codes should require such connection at
an earlier time.
5
1
VARIANCES:?: REQUESTED
Proposed Lot 1:
a) variance to allow swimming pool in side yard.
Proposed Lot 2:
a) variance of lot road frontage from 80.feet to 72 feet.
Proposed Lot 3:
a) variance of front set back from 25 feet to 8 feet.
b) variance of side set back on North Line from 15 feet to 10
feet.
Because of the extraordinary situation, the Petitioner asks the
following be waived:
a) School impact fee;
b) Storm Water Detention study & requirements;
c) Grading Plan;
d) Engineering Report;
e) Fees or requirements for public improvements (i.e. street
curbs, sidewalks, water, sewer, street light);
f) such other Subdivision requirements which are not
appropriate for this property.
WALTER A . P I ASKOWY
AttoraeY at Law
July 8, 1996
Village of Lemont
Attn: Mr. Scott Buening
418 Main St.
Lemont, IL 60439
Re: Smollen Resubdivision
801 N. Cass , 41300
Westmont, IL 60559
708/887 -9800
Dear Mr. Buening:
This is in follow -up to our telephone conversation, this date,
concerning the above noted matter. I have discussed the several
changes /corrections, your suggested, with my clients.
Relative to the road and easements, my client's position is as
follows:
a) the Plat will depict and state that the 33 feet road right
of way is "hereby dedicated;"
b) the Plat will depict the 10 feet public utility and
drainage easement along the rear (east) line of the property;
My client is having the Plat redrawn accordingly and will have it,
with several copies, delivered to you, in a few days.
Please confirm the Hearing date, as soon as possible, so that I can
send out the required Notices. Should you have any questions do
not hesitate to contact me.
Sincerel}r,�
Piaskowy
Walter
WP /mp
cc: client
3
CLAUDETTE WALSCHLAGER - There are no developments in the area
with fences. At Wolf Road and 143rd there is cedar fencing
and it is weathered and looks terrible. She feels that a
fence would detract from the area. It is all open space in
that area.
Ms. Murphy stated that a fence is not in general harmony with
the area. She feels it may set a precedent. The opportunity
for development between McCarthy to Main Street is very
great. She is concerned about setting a precedent.
Mr. Duffy stated that variances require proof of hardship and
he is not sure this is a hardship situation. He stated that
Abbey Oaks has a nice 5 foot high wrought iron fence. He has
done measuring around the area of fences that around busy
areas and has not found a fence over 6'.
Ms. Murphy made a motion which was seconded by Mr. Stapleton
to close the Public Hearing. Motion carried 6 -0.
Mr. Duffy made a motion which was seconded by Ms. Murphy to
recommend to the Village Board denial of the request for
variance to permit a solid wooden fence to be 8 feet in
height instead of the maximum allowable 6 feet and the
variance to permit a solid wooden fence to be 8 feet high
within the 8 foot vision clearance triangle at the
intersection of Archer avenue and Parker Road instead of the
maximum permitted 3 feet. Motion carried 6 -0.
P&Z MEETING 8/6/96
B. PUBLIC HEARING - Smollen Resubdivision - Request for
Preliminary and Final Plat Approval, Variation for side
yard setback, variation for lot width, variation for
front yard setback, variation for side yard setback and
waiver of required public improvements.
A motion to open the Public Hearing was made by Mr. Duffy and
seconded by Mr. Stapleton. Motion carried 6 -0.
The property is located at 641, 645 and 649 First Street.
The property is approximately 2 -1/2 acres with 330 feet
frontage on First Street. The parcel is already divided into
three lots. The location of the homes did not correspond
with the lot lines. The improvements encroach and they are
asking for the following variances to correct previous
mistakes:
1. Variation to allow a swimming pool with a side yard
setback of 1 foot instead of minimum required 15 feet
(Proposed lot 1).
2. Variation to allow lot width to be 72 feet instead of
minimum required 80 feet (Proposed lot 2).
3. Variation to permit a front setback of 8 feet instead of
minimum required 25 feet (Proposed Lot 3).
4
3. Variation to permit a north side yard setback of 10 feet
instead of minimum required 15 feet (Proposed Lot 3).
The petitioner is also asking for review and approval of
preliminary and final 3 lot Plat of Smollen Resubdivision and
waiver of required public improvements including land /cash
donations, public improvement fees, storm water detention
study and requirements, grading plan, engineering report and
side yard utility easements (Entire Resubdivision). Mr.
Buening stated that they are just shifting the lot lines and
there are no new lots. They are not proposing to build any
new structures on the site. They are proposing an addition
onto one of the homes. Before they can do that they need to
have this resubdivision approved before they can get
financing for the project. There is a 2 flat on the property
which is a legal non - conforming situation. They would be
allowed to continue that situation unless it is discontinued
for a year or more or the structures burned or destroyed more
than 60% of the replacement cost of the structure.
Ms. Murphy asked if the homes were replaced, would the front
yard stay 8' or revert back to what is current? Mr. Buening
stated that they would be required to maintain 25' setback.
Ms. Murphy asked that this be spelled out. Mr. Metzger
agreed.
Mr. Metzger asked if the petitioner has agreed to abide by
Village Codes if the structures were to be replaced. Mr.
Buening stated that any of the new structures on the site
would have to follow code. They are planning to build a new
garage on one of the sites and have agreed to meet Village
Code.
WALTER PIASKOWY, Attorney representing the petitioner, stated
that there are no new lots or roads being proposed. This is
a petition to correct the situation which was created when
this parcel and surrounding parcels were annexed into the
Village in 1977. The parcel consists of 2 -1/2 lots of an
existing subdivision from 1880. There are 3 residences and
three garages. The residences range in age from 35 years to
100 years and predate the annexation. The configuration of
the lot lines and the location of the homes and garages seem
to have no relationship. The property was annexed as one
piece. Members of Mr. Smollen's family live in all three
residences. The petitioner has run into a problem in either
selling one of the pieces of property or remodeling.
On lot 1 there is a swimming pool in the side yard which was
installed prior to 1977. It was put into the side yard for
safety purposes because the view of the pool was better in
the sideyard.
On lot 2 there is an encroachment of fence. They are asking
for street frontage from 80' required to 72'.
5
Lot 3 - The house is 8' from the street. The sideyard is 10'
rather than the 15' required by the current zoning
requirements. Mr. Smollen's son Jerry wants to put a second
story on to the house on Lot 2.
Mr. Gray asked if this was an above the ground pool. Mr.
Piaskowy stated that it was. Mr. Gray questions why they
would vary an item that is not a permanent structure. Mr.
Buening stated that it is an accessory structure. Mr. Gray
questioned why they just don't move the pool. He stated that
if the pool were not part of the variation, then Lot 2
variance request for 72' frontage could be changed to 80' lot .
and would not require a variance.
The petitioner has no problem with the lot being 80' wide and
will have Mr. Piaskowy pursue a license agreement between
property owners.
A motion to close the Public Hearing was made by Mr. Gray and
seconded by Mr. Metzger. Motion carried 6 -0.
Mr. Gray made a motion which was seconded by Ms. Murphy to
recommend to the Village Board, approval of the petition
based on the following recommendations:
1. The subdivision shall generally conform to the Plat of
Smollen's Resubdivision except as such plans be changed to
conform to Village Code and Ordinances and the conditions
below.
2. All land /cash requirements, engineering and stormwater
studies, and all public improvement requirements are waived
for existing buildings.
3, A variation is approved for a south side yard setback of
negative seven ( -7) feet (seven foot encroachment onto Lot 2)
instead of the 15 foot setback required on the proposed Lot 1
as indicated on Exhibit "B ". If the pool is destroyed or
removed in the future, it shall be reconstructed to conform
to the Zoning Ordinance requirement.
4. Lot two (2) shall be revised to have an 80 foot lot width
by moving the proposed north lot line further north by 8
feet.
5. A variation is approved to allow the home on Lot 3 to be
8 feet from the front lot line instead of the minimum
required 25 feet. A variation is also approved to allow the
home to be 10 feet from the north property line instead of
the minimum required 15 feet.
6. If any othe the
ownersshallhomes
connectare
samereplace therVill reuilt
in
age
the future, water
t
6
system, unless Village codes should require such connection
at an earlier time.
7. A license agreement shall be created and signed to allow
the existing swimming pool on Lot 1 to remain such that it
encroaches by seven (7) feet onto Lot 2. Said agreement
shall be completed and executed prior to recording of the
Plat of Resubdivision.
8. All future new construction which alters the footprint of
L....the existing structures shall follow all zoning ordinance
..
requirements.
Motion carried 6 -0.
C. CLIFFSIDE DEVELOPMENT - Request for Annexation,Zoning Map
Amendment from Cook County R -4 Single Family Residential
to Village of Lemont R -5 Multiple - family Residential
District, Preliminary Plat Approval and Variances
A motion was made by Mr. Metzger and seconded by Mr.
Stapleton to open the Public Hearing. Motion carried 6 -0.
Mr. Buening stated that the property is located near the
southwest corner of New Avenue and Timberline Drive and is
approximately 14 acres in size.
They are asking for the following:
1. Annexation to the Village.
2. Zoning map amendment from Cook County R -4 Single Family
to Village of Lemont R -5 Multi- family residence.
3. Preliminary Plat of Subdivision approval.
4. Variance for a cul -de -sac to be 780 feet in length
instead of 300 feet.
5. Variance to permit 4 -unit buildings to have lot widths of
125 feet instead of 145 feet.
They are proposing 54 units. Part of the wetland areas will
be filled as part of this proposal.
The property owner has been approached by the petitioners as
well as the developers of Aero Heights and Rolling Meadows.
They are asking for an easement through this property to
allow an extension of the sanitary sewer to service those
properties that are along 127th Street.
Staff has not had a chance to review the revised plans which
were received late last week. It does show some significant
site plan changes including the locations of the buildings,
. Mayor
Richard A. Kwasneski
Village Clerk
Charlene M. Smollen
Administrator
Steven A. Jones
LEMONT
Village of Faith
418 Main Street • Lemont, IL 60439 -3788
(630) 257 -1550
Fax (630) 257 -1598
email: vlemont @aol.com
August 12, 1996
Trustees
Barbara Buschman
Alice Chin
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
Mayor Richard A. Kwasneski and
Board of Trustees
Village of Lemont
418 Main Street
Lemont, IL 60439
RE: Case No. 96.20 - Request by George Smollen for preliminary and
final plat review, setback and lot width variances and waiver
of public improvements at 641, 645 and 649 First Street
Dear Mayor Kwasneski and Village Trustees:
The Planning and Zoning Commission conducted a public hearing on
the above noted case on August 6, 1996. The petitioner is
requesting approval of a preliminary and final three (3) lot plat
of Smollen's Resubdivision, a variance to permit a swimming pool
with a side yard setback of one (1) foot instead of 15 feet (lot
1), a variance to allow lot width to be 72 feet instead of minimum
required 80 feet (lot 2), a variance to permit an existing front
yard setback of eight (8) feet instead of 25 feet (lot 3), a
variance to permit a north side yard setback of 10 feet instead of
minimum required 15 feet, and a waiver of all public improvements
required for the subdivision. The Commission heard testimony by
the Village Planner,, Walter Piazkowy, attorney for the petitioner
and George Smollen, petitioner. No one from the public spoke
regarding the proposal.
After consideration of the testimony given by the petitioner and
staff, the Planning and Zoning Commission voted unanimously to
recommend approval of the subdivision and waiver of all required
public improvements. The Commission also voted in favor of the
proposed front and side yard variances on the proposed Lot 3. The
Commission voted to increase the lot width of Lot 2 from the
proposed 72 feet to the minimum required 80 feet, the extra width
to come from Lot 1. In conjunction with this, the Commission
recommended approval of a -7 foot variance for the existing
swimming pool on Lot 1, subject to a satisfactory license agreement
to be signed by the owner to allow this encroachment onto the
proposed Lot 2. Any new future construction on these lots would
need to conform to the zoning ordinance requirements. These
changes are further detailed in the conditions of approval attached
to this recommendation.
in conclusion, the Planning and Zoning Commission finds that the
variances recommended for approval meet the standards required for
the granting of variances as listed in the zoning ordinance.• The
Planning and Zoning Commission felt that there were significant
unique circumstances which pre -dated the zoning ordinance and
subdivision regulations which warrant the granting of the variances
requested. These conditions have existed for several decades, and
the proposed variances, if granted, would not permit new building
footprint changes on the property which are contrary to the current
zoning ordinance.
Sincerely,
Richard Sniego i, Chairperson
Lemont Planning and Zoning Commission