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O-68-99 08/08/1999ORDINANCE NO. u'(w�S'�9� ORDINANCE GRANTING VARIANCE TO THE LEMONT ZONING ORDINANCE ( Manuel Garden Center, 14335 McCarthy Road) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, DuPa a and Will Counties, Illinois thi i r�� ■ day of /tit %'u 1999. day of C(t/l 1999. ORDINANCE GRANTING VARIANCE TO THE LEMONT ZONING ORDINANCE ( Manuel Garden Center, 14335 McCarthy Road) WHEREAS an application has been filed by Francis Manuel in connection with a Request for Variation for the vacant property legally described in Exhibit "A" and located at 14335 McCarthy Road 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 July 20, 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 variance 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, that the petitioner, Francis Manuel, be granted the following variation: 1. To allow an encroachment of 2.64 feet into a minimum required front yard of 40 feet, pursuant to Section VIII.E.6.a. of the Lemont Zoning Ordinance. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF F THE VILLAGE ( LEMONT, COUNTY OF COOK, ILLINOIS, on this day of f, 1999. John Benik Debby Blatzer Keith Latz Connie Markiewicz Rick Rimbo Mary Studebaker Approved by me this Attest: C ARLENE SMOLLEN, Village Clerk AYES NAYS PASSED ABSENT t./ v vf t/ HARLENE SMOLLEN, Village Clerk day of (,lam. r / RICH7j KW ESKI, VILLAGE 7.-8/14,eigy 1999. Planning Department Village of Lemont 418 Main Street Lemont, I160439 PIN #: 22-27-100-025;026; APPRO AS TO FORM DATE ESIDENT a1/01.1011 VILLAGE ATT EXHIBIT A Legal Description: PARCEL A (Current C -4 zoning) OF THE WEST 214 FEET OF THE EAST 1070 FEET OF THE SOUTH 214 FEET (EXCEPT THE AREA SOUTH OF THE NORTHERLY LINE OF MC CARTHY ROAD)OF THE SOUTH -WEST 1/4 OF THE NORTH -WEST 1/4 OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL B (Current R -3 Zoning) OF THE EAST 214 FEET OF THE WEST 687.90 FEET OF THE SOUTH 214 FEET OF THE SOUTH -WEST 1/4 OF THE NORTH -WEST 1/4 OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN. PIN #: 22 -27 -100- 025 -0000 22 -27- 100 - 026 -0000 320.6 15Z OW.. 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Jones Community Development Scott Bueninv Fax 630/243 -0953 Email clemon[raoL.om www.Iemont.ii. i Villa- e Hof 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 99.22, Manuel Garden Center - Variation Request Dear Mayor Kwasneski and Village Trustees: The Planning and Zoning Commission conducted a public hearing on the above noted case at the July 20, 1999 meeting. Francis Manuel, the petitioner and owner of the parcel located directly adjacent (east) of Rosewood Court Commercial Center on McCarthy Road, is requesting: a Variation to allow an encroachment of 2.64 feet into a minimum required front yard of 40 feet The Commission heard testimony from the Village Planner and the petitioner. Commissioners questioned the petitioner on the circumstances leading to the variation request. Following careful review of the petition, the Planning and Zoning Commission voted to recommend approval of the rezoning by a vote of 6 -1. Sincerely, Tom Metzger, Acting Chairperson Planning, and Zoning Commission II (t l i--8 and 1. • ( (1- I. jvan iktVig I 1 � 1 8 0 a. and -7.1-17.7.".."777.747:674"1117:1717611:6, , r.✓.......... N011d33X3 A-")1.9' 4 •r ;J1L. !1 N Village of Faith Chairman Thomas J. Metzger Commissioners Paul Bruce Katherine H. Murphy Ellen Pearson Jerry Ptacek Ronald J. Stapleton Scott Studebaker e of Lemont PLANNING & ZONING COMMISSION 418 Main Street • Lemont. IL 60439 MINUTES JULY 20, 1999 The meeting of the Lemont Planning & Zoning Commission of the Village of Lemont was held on Tuesday, July 20, 1999, at the Village Hall. The meeting was called to order at 7:01 p.m. by Chairman Tom Metzger. The following commissioners were present: Paul Bruce, Katherine Murphy, Ellen Pearson, Jerry Ptacek and Ron Stapleton. Scott Studebaker arrived at 7:03 p.m. The following staff was also present: Andy Fitz and Lisa Wuethrich. Approval of July 6, 1999 minutes to be placed on August 3, 1999 agenda. PUBLIC HEARING B. A motion was made by Mr. Studebaker and seconded by Mr. Stapleton to open the Public Hearing case number 99.22 Request for Variance in the B -3 District at Manuel's Garden Center. Motion carried 7 -0. Mr. Fitz said that the petition is to allow the building to encroach 2.64 feet into the 40 foot minimum front yard setback. Mr. Fitz said that a spot survey is required after the foundation is poured and the encroachment was found at that time. Mr. Manuel said that he is asking for a setback allowance due to a mistake by his engineer. Mr. Bruce asked if the petitioner has gone back to the engineer. Mr. Manuel said yes and it is the engineer's responsibility. Mr. Manuel said that his lawyer said that his engineer is responsible for any costs or fees incurred. Chairman Metzger asked that if the petition is approved, what are the plans for completion. Mr. Manuel said that this has put him two months behind, so if the variance is approved, he will open as soon as possible this year. Mr. Bruce asked that if the petition is denied, what will have to be done. Mr. Manuel said that the foundation would have to be knocked out and would have to be moved three feet. Mr. Fitz said that since the Planning & Zoning Commission and Village Board spent a lot of time approving this petition, staff did not find a lot of good holding back the construction of the building, although it should not be Village policy to grant variances after - the -fact or to anyone who requests one. No one from the public spoke as part of the Public Hearing. A motion was made by Ms. Murphy and seconded by Ms. Pearson to close the Public Hearing. Motion carried 7 -0. Mr. Stapleton believes the encroachment was an accident. A motion was made by Ms. Murphy and seconded by Ms. Pearson to approve case number 99.22 Request for Variance in the B -3 District at Manuel's Garden Center. Motion carried 6 -1, with Mr. Bruce opposing. A. A motion was made by Mr. Studebaker and seconded by Mr. Bruce to open the Public Hearing case number 99.18 Request for Special Use and Variances to allow an outdoor cafe and dining area in the B -3 District at the Lemont Lanes, located at 1015 State Street. Motion carried 7 -0. Mr. Fitz said that the petitioners are requesting variances to allow an outdoor cafe to encroach 16 feet into the 40 foot front yard setback and alleviation from additional required parking spaces due to the lack of any extra parking available on -site. Mr. Fitz said that the Liquor Commission is also looking at this proposal. Mr. Fitz said that a three -foot wrought iron fence with limestone pillars spaced every nine feet is proposed around the 23 foot by 90 foot concrete patio. Scott Pudil, assisting the owners of the bowling alley, said that they bought the property eight years ago and have spent close to $700,000 improving the property. Mr. Pudil said that the petitioners hope to increase their summer business, which is only about 25% to 30% of what it is during league play. Mr. Pudil said that the bowling leagues run from approximately Labor Day to Memorial Day. Mr. Pudil said that they looked at the existing parking and can increase it from 96 spaces to 102 spaces if they stripe 9 -foot stalls at a 60 degree angle and create two employee spaces by the dumpster. Mr. Pudil said that there are poles and overhead power lines in the parkway and STAFII REPORT PLANNING AND ZONING COMMISSION Prepared by Andrew Fitz, Village Planner GENERAL CASEFILE INFORMATION Case Number 99.22 Commission Meeting Date July 20, 1999 Petitioner Francis Manuel Request a Variation to allow an encroachment of 2.64 feet into a minimum required front yard of 40 feet, pursuant to Section VIII.E.6.a. Location Directly adjacent (east) to Rosewood Court Commercial Center on McCarthy Road Parcel Number 22 -27- 100 -025 & 22 -27 -100 -026 Size Approx 1.50 acres Street Frontage Approx.428 ft on McCarthy Road Current Zoning B -3, Arterial Commercial District Contiguous Zoning North, R -3, Single Family Residential (unincorporated Cook County) South, R -3, Single Family Residential (unincorporated Cook County) East, R -3, Single Family Residential (unincorporated Cook County) West, B -3, Arterial Commercial District Current Land Use of Vacant (under construction) subject property Contiguous Land Use of adjacent property Exhibits 1) Location/Zoning Map. 2) Site Plan. 3) Spot Survey. North: Single Family Dwellings South: Single Family Dwellings East: Single Family Dwellings West: Retail businesses (Rosewood Court Commercial Center) CHARACTER OF 'I HE AREA The immediate area is characterized by a small commercial node, located at the current corporate boundaries of the Village. To the north, east, and south there are single family residences, most of which are on well and septic. DEVELOPMENT PROPOSAL The garden center proposal was originally reviewed and approved by the Commission and Village Board on February 8, 1999. The petitioner has been working since that time to develop the property and open the landscaping business and flower shop. The applicant applied for and received a site development permit to commence grading work and a building permit to begin construction of the flower shop. The work was halted when a spot survey of the foundation revealed a 2.64 foot encroachment of the foundation into the 40 -foot frontyard setback. The Community Development Director does have the authority to grant variations of up to 5% of a development standard (up to 6 inches), or in the case of encroachments over 6 inches the Director may make recommendations directly to the Village Board. This encroachment exceeds the recommending authority of the Director by 0.64 inches. Therefore, Staff directed the petitioner of the need to either relocate the structure (at significant cost) or apply for a variation. 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 does not condone or wish to encourage a policy of granting after- the -fact variations to legitimize substandard or sloppy development practices. However, Staff can see no gain to the public good or the community as a whole by further exacerbating the delay of this project - when it was clearly the desire of the Planning Commission and the will of the Village Board to see it move forward and become a reality. Staff recommends approval of the variation request subject to the spot survey attached as exhibit "3 ".