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O-93-99 11/22/1999ORDLANCE NO.0 ORDINANCE GRANTING VARIANCE TO THE LEMONT ZONING ORDINANCE ( Southeast corner of Davey Road and Marmon Drive, Will County) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 42,2:06k. day of V\04e ioP/( 1999. 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 ✓tA day of ' .4 1999. ORDINANCE NO/ - ORDINANCE GRANTING VARIANCE TO THE LEMONT ZONING ORDINANCE ( Southeast corner of Davey Road and Marmon Drive, Will County) WHEREAS an application has been filed by Pratima N. Shah in connection with a Request for Variation for property legally described in Exhibit "A" and located at the southeast corner of Davey Road and Marmon Drive in Lemont, Illinois; and WHEREAS the applicant is seeking variation from 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 October 19, 1999; and WHEREAS, a notice of the aforesaid Public Hearing was made in the manner provided by law and was published in the Lemont Metropolitan Newspaper, 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 the requested variance. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE, AND WILL, ILLINOIS: SECTION 1: Variance: 1. Section LX -B -14: Retail uses listed in the ORI District are permitted uses without the maximum 30% limitation as states in this Section. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTY OF COOK, ILLINOIS, on this i7,Y4 day of i i u tArvt)Opv/ 1999. John Benik Debby Blatzer Keith Latz Connie Markiewicz Rick Rimbo Mary Studebaker AYES 1 NAYS PASSED ABSENT , Village Clerk Approved by me this day of V J\t v✓A 9 (Ai 1999. gLi, 7g- /WAY ASNESKI, LAGE PRESIDENT 4PP•OVE , Village Clerk RM JOH A_ ON • POULO V. lage Attorney Planning Department Village of Lemont 418 Main Street Lemont, Il 60439 l_47:641 aaiw Village of Faith Chairman Thomas J. Metzger Commissioners Paul Bruce Katherine H. Murphy Ellen Pearson Jerry Ptacek Ronald J. Stapleton Scott Studebaker Villa e of Lemont PLANNING & ZONING COMMISSION 418 Main Street • Lemont, IL 60439 Mayor Richard A. Kwasneski and Board of Trustees Village of Lemont 418 Main Street Lemont, IL 60439 RE: Case Numbers 99.29, 99.30 & 99.31, Shah, Dralle & Jursa properties - Rezoning requests and one (1) Variation request: Dear Mayor Kwasneski and Village Trustees: The Planning and Zoning Commission conducted public hearings on the above noted cases at the October 19, 1999 meeting. The petitioners are requesting: 1) A zoning map amendment from Lemont R -1, Single - family Residential to ORI, OfficeiResearch/Light Industrial District. 2) A Variation for the Shah property to allow the retail uses listed in the ORI district as permitted uses, not to be subject to the 30% limitation. The Commission heard testimony from the Village Planner, the petitioner and a member of the audience. The audience member raised a questions relative to the exact the location of the property. Following careful review of the petition, the Planning and Zoning Commission's vote to recommend approval of the annexation and rezoning passed by a vote of 6 -0. Sincerely, Scott Studebaker, Acting Chairperson Planning and Zoning Commission f 0, "It 1 �t�� *tr. • a* elk e .w. es Irmo eC IL MIN *a few ii •C * *. it 0C eatowitiot c. • EXHIBIT 1 uo's Shah Rezoning & Variations 99.29 STAFF REPORT PLANNING AND ZONING COMMISSION Prepared by Andrew Fitz, Village Planner GENERAL CASEFILE INFORMATION Case Number 99.29 Commission Meeting Date October 19, 1999 Petitioner Pratima N. Shah Request(s) 1) Rezoning from R -1, Single Family Residence District to ORI, Office/Research/Light Industrial District 2) Variations: a) Replace Section IX(A)(4)of the Zoning Ordinance with the following: "Outside storage of goods, materials, products or trash containers may be permitted by a solid fence six (6) to eight (8) feet in height." Replace front, side and rear setback requirements for the ORI district with those listed in the B -4, Commercial District. c) The retail uses listed in the ORI district as permitted uses, shall not be subject to the 30% limitation. Location Davey Road Parcel Number(s) 02 -13- 400 -026 Size 10.02 acres Street Frontage(s) 455 feet along Davey Road & 538.20 feet along Marmon Road Current Zoning R -1, Single Family Detached District Contiguous Zoning & North, ORI, Office/Research/Light Industrial (Woodridge) Land Use South, (Unincorporated Will County) East, R -1, Single Family Detached District (Lemont) West, Office/Research/Light Industrial (Woodridge) Exhibits 1) Location/Zoning Map. 2) Plat of Annexation. 3) ORI zoning district regulations CHARACTER OF THE AREA The immediate area is dominated by the International Centre - a 900+ acre industrial park. The subject property is situated just south of the Centre and abuts property to the east, west and south that is still primarily residential in nature. HISTORY OF 1'HE PROPERTY The subject property (along with the adjoining 3 parcels to the east) was annexed by the Village on May 11, 1998. The annexation was involuntary, or a "forced" annexation, which a municipality may opt to do when certain statutory criteria are met. Due to the nature of the annexation, an annexation agreement was not approved, and the property was classified under the default R -1 district. An annexation agreement is currently in the process of being negotiated, and the petitioner is requesting that the property be rezoned to a classification that is consistent with that of the International Centre. DEVELOPMENT PROPOSAL There is not a specific development proposal at this time. However, an ORI classification would allow the property to be developed at a later date with those permitted uses listed in the ORI district (see exhibit 3). However, the petitioner is requesting a different set of development standards: FRONT YARD 25 (40 if across from residence) 40 CORK 15 (25 if next to residence) 20 25 40 REAR YARD' 25 50 ondILake a a N/A 100 foot setback all structures PUBLIC RESPONSE One e -mail inquiry has been received pertaining to the nature of the proposal. STAFF RECOMMENDATION The Staff's Recommendation may be based on the following elements and considerations: the Comprehensive plan. Illinois Zoning and Planning Statutes. Case Law. the Zoning Ordinance, other applicable village ordinances, input from various village departments and personnel. and professional expertise and knowledge of urban planning practices and principles. It has not incorporated public and/or expert testimony or new and better information presented during public hearings/proceedings on the petition. The Staff's Recommendation is subject to change and modification and should not be construed to be final and irrevocable. Staff feels that the requested zoning classification is appropriate for the property, given the location of the property to both the existing International Centre, and the proposed I -355 Tollway Extension to the east.