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O-73-99 09/27/1999ORDINANCE NO. 73- AN ORDINANCE GRANTING A VARIANCE TO THE LEMONT ZONING ORDINANCE (13940 Steepleview Lane, Lemont, Illinois) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 4.1/'(A day of 1999. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, DuPage, and Will Counties, Ilh ois this 7t`' day of .,e4-)4,-Q-A1 1999. ORDINANCE NO. AN ORDINANCE GRANTING A VARIANCE TO THE LEMONT ZONING ORDINANCE (13940 Steepleview Lane, Lemont, Illinois) WHEREAS, an application has been filed by Thomas J. Emerson in connection with a Request for Variation for the property legally described in Exhibit "A" and located at 13940 Steepleview Lane, Lemont, Illinois; and WHEREAS, the applicant is seeking relief to the Lemont Zoning Ordinance , pursuant to Section V.H.9. General Provisions, to allow the construction of a deck; 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 7, 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, a newspaper of general circulation within the Village; and WHEREAS, the Lemont Planning and Zoning Commission has recommended approval of the variation to the Village Board; and WHEREAS, the President and Board of Trustees of the Village have determined that the best interest of the Village will be served by the approval of this petition granting variation for the subject property. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE, AND WILL, ILLINOIS: SECTION 1: Variance Allow the reduction of a rearyard setback by 10 feet, pursuant to Section V.H.9. General Provisions. SECTION 2: Conditions of Approval The Variance shall be subject to the following condition: 1. The project shall be built substantially in conformance with the site plan, attached as exhibit "B ", and the deck detail, attached as exhibit "C ", except as such plans may be changed to conform to Village codes and Ordinances. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF T VILLAGE OF LEMONT, .COUNTY OF COOK, ILLINOIS, on this '" of (w 1999. John Benik Debra Blatzer Keith Latz Connie Markiewicz Rick Rimbo Mary Studebaker AYES NAYS PASSED ABSENT V Cr Cf V V V Approved by me this �.1 'day of CHARLENE SMOLLEN, Village Clerk 1999. ENE SMOLLEN, Village Clerk /. i\TAPPROVED AS TO FO M IIIMP" OHN . NTO1 0' • Prepared by: Planning Department Village of Lemont 418 Main Street Lemont, 11 60439 S, Village Attorney A. KWASNESKI, Village President EXHIBIT A LOT 10 1N FIALA- CHOWANIEC'S THE STEEPLES PHASE II BEING A RESUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 37 NORTH RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS IUN6L R MMus* PLS. 038 -002•48 YAWN K. S K0100 EXHIBIT B H GRANO< PAM. ILLINOIS SOWS PHONE 352 -1452 FM 700 352 -1454 LOT 10 IN FLALA— CHOWANIEC'S THE STEEPLES PHASE 11 BEING A RESUBOMSION OF PART OF THE NORTHEAST QUARTER OF SEC110N 27. TOWNSH P 37 NORTH. RANGE 11 EAST OF THE TWRO PRINCIPAL MERIDIAN. IN COOK COUNTY. NJJNOIS. PERMIT PLAT COMPARE LEGAL DESCRIPTION WITH DEED AND REPORT ANY DISCREPANCY 11AMEDIATELY. A TIRE SURVEY WAS NOT FURNISHED FOR USE IN PREPARATION OF THIS SURVEY. IF A TITLE COMMITMENT WAS NOT FURNISHED. THERE MAY BE EASEMENTS. BUILDING UNES OR OTHER RESTRICTIONS NOT SHOWN ON THIS PLAT. THIS PLAT GOES NOT SHOW BUILDNG RESTRICTIONS ESTABUSHED BY LOCAL ORDINANCES. LOCAL AUTHORITIES MUST BE CONSULTED REGARDING ANY RESTRICTIONS. DO NOT SCALE DIMENSIONS FROM THIS PLAT. NO EXTRAPOLATIONS SHOULD BE MADE FROM THE INFORMATION SHOWN WITHOUT THE PERMISSION OF SCHOMIC LMIO SURVEYORS. LTD. THIS PLAT IS NOT TRANSFERABLE. ONLY PRINTS WITH AN EMBOSSED SEAL ARE OFFICIAL COPIES. © COPYRIGHT. ALL RIGHTS RESERVED. SURVEYED: PERMIT PLAT: FEBRUARY 24 1997 OCTOBER 30 BUILDING LOWED: VACANT 0RDEAID BY: IICARCHER OEVELOPEMENT PLAT ?41N8EJ! 94P9 -4 —I0 SCALE: 1098 19 - 30 STATE OF IWNO6 ) COUNTY OF COOK ) N' WE SCHOMIG LAND SURVEYORS. LTD. AS ILLINOIS LICENSED PROFESSIONAL LAND SURVEYORS. HEREBY CERTIFY 114AT WE HAVE SURVEYED THE PROPERTY PLAT 6 DESCRIBED DRAWN TRUE AND CORRECT REPRESENTATION OF THE SAME. THAT THE SNO ALL DIMENSIONS ARE IN FEET AND DECIMAL PARTS OF A FOOT AND ARE CORRECT AT A TEMPERATURE OF 88 DEGREES FAHRENHEIT, DIMENSIONS SHOWN ON BUILDINGS ARE TO THE OUTSIDE OF BUILDINGS. I.P. - EL. - P.U.E - IRON PIPE BUILDING UNES PUBLIC UTAJTY EASEMENT L44/j/ / SL PROFESSIONAL IWNOIS LANG SURVEY If EXHIBIT C CUSTOM VIEW CUSTOMER -- EMERSEN DATE 08/05/99 REF emersen 1 /5711 /77- S' —fe / 3i J %ri- 1. LIT FOX HOME CENTER 11150 S. CICERO AVE ALSIP, IL 17081 636 -8046 Village of Faith Mayor Richard A. Kwasneski Village Clerk Charlene M. Smollen Trustees John Benik Debby Blatzer Keith Latz Connie Markiewicz Rick Rimbo Mary Studebaker Administrator Steven A. Jones Community Development Scott Buening Fax 630/243 -0958 e of Lemont COMMUNITY DEVELOPMENT 418 Main Street • Lemont, IL 60439 (630) 257-1595 Mayor Richard A. Kwasneski and Board of Trustees Village of Lemont 418 Main Street Lemont, IL 60439 RE: Case Number 99.23, Thomas Emerson - Variation Request Dear Mayor Kwasneski and Village Trustees: The Planning and Zoning Commission conducted a public hearing on the above noted case at the September 7, 1999 meeting. Thomas Emerson is requesting: a Variation to allow an encroachment of 10 feet into a minimum required rear yard of 30 feet The Commission heard testimony from the Village Planner and the petitioner. Following careful review of the petition, the Planning and Zoning Commission voted to recommend approval of the rezoning by a vote of 6 -0. Email: vlemont @aol.com Sincerely, www.lemont.il.us Tom Metzger, Acting Chairperson Planning and Zoning Commission 8 qn LIMITS :-� tc' : �.rr -n-- STAFF REPORT PLANNING AND ZONING COMMISSION Prepared by Andrew Fitz, Village Planner GENERAL CASEFILE INFORMATION Case Number Commission Meeting Date Petitioner Request Location Parcel Number Size Street Frontage Current Zoning & Land Use Contiguous Zoning & Land Use Exhibits 1) Location/Zoning Map. 2) Plat of Survey. 3) Deck Detail 99.23 September 7, 1999 Thomas J. Emerson Variation, reduction in rearyard setback by 10 feet 13940 Steepleview Lane N/A Approx. 16,291 sq ft. (0.37 acre) 130.33 on Steepleview Lane R- 5/PUD, Single Family Attached (Townhome) North, R -1, Single Family Residential Detached South, R -1, Single Family Residential Detached East, R- 5/PUD, Single Family Residential Attached, (Steeples Subdivision) West, R -1, Single Family Residential Detached (vacant) CHARACTER OF THE AREA The subject property is Lot #10 in Steeples Subdivision. The Emerson's townhouse unit fronts along Steepleview Lane, and abuts an undeveloped residentially zoned lot to the southwest (which in turn abuts the D -lux Budget Inn). It is highly likely that the vacant adjoining parcel will eventually be rezoned and developed with commercial uses - due to it's proximity to adjoining commercially zoned properties, and it's unorthodox configuration. DEVELOPMENT PROPOSAL The petitioner is requesting a reduction of 10 feet in the minimum rearyard setback requirements of the Zoning Ordinance, resulting in a setback of 20 feet rather than the required 30 feet - in order to construct a handicap accessible deck attached to the rear of the residence. The deck is meant to provide for an additional egress/ingress to the townhome, and increased mobility for the petitioner. STANDARDS FOR VARIATIONS FINDINGS OF FACT 1) the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the district in which it is located; Findings: The addition or absence of a deck will most likely not impair any "reasonable" return on the property. 2) the plight of the owner is due to unique circumstances; Findings: The Special Needs of the petitioner present a unique set of circumstances which warrant deviation from the zoning standards. 3) the variation, if granted, will not alter the essential character of the locality; Findings: The addition of a deck to a home in a residential subdivision is not likely to alter the character of the area. 4) the application of the regulations of the zoning ordinance to the subject property would result in practical difficulties or a hardship, considering the following criteria; a) the particular physical surroundings, shape, or topographical condition of the specific property; b) there are conditions unique to the subject property that are generally not applicable to other property in the same zoning classification; c) the practical difficulty or hardship is not self - imposed. d) granting the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; e) the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values in the neighborhood; Findings: While a technical hardship may not exist in this case, the variance petition also does not pose any measurable threat to the public health, safety and welfare - which the Zoning Ordinance is ultimately intended to protect and preserve. PiTBLIe RESPONSE There have not been any inquiries regarding the variation request. STAFF RECOMMENDATION Staff recommends approval of the variance with the following condition: 1) the project shall be built substantially in conformance with the site plan, attached as exhibit "2 ", and the deck detail, attached as exhibit "3", except as such plans may be changed to conform to Village Codes and Ordinances;