O-40-99 04/26/1999ORDINANCE NO. 0 -y0" c f
ORDINANCE GRANTING VARIANCES
TO THE LEMONT ZONING ORDINANCE
(E & J Food Shop, McCarthy Road and Archer Avenue)
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This a' 6 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, Illinois this 02 6
day of rt`( 1999.
ORDINANCE GRANTING VARIANCES
TO THE LEMONT ZONING ORDINANCE
(E & J Food Shop, McCarthy Road and Archer Avenue)
WHEREAS an application has been filed by Jozef Maka and Edward Lukanus in connection
with a Request for Variations for the vacant property legally described in Exhibit "A" and located on
the north side of McCarthy Road approximately 1,000 feet east of Archer Avenue, Lemont, Illinois;
and
WHEREAS the applicant is seeking variations 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 March 2,
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 variations 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 variances.
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 petitioners, Jozef Maka and Edward Lukanus, be granted the following
variations subject to the conditions of approval attached as Exhibit `B ":
1. To allow a 0 foot front yard parking lot setback rather than the required 15 foot setback,
pursuant to Section XD7 of the Lemont Zoning Ordinance.
2.To allow a parking area to encroach 12 feet into a minimum required 20 foot side yard
setback, pursuant to Section XD7 of the Lemont Zoning Ordinance.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTY OF COOK, ILLINOIS, on this c.726 day of
„4/2197-4-se...- 1999.
Barbara Buschman
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
Mary Studebaker
Att
Approved by me this
c
AYES
V
(off
NAYS PASSED ABSENT
ENE SMOLL
Village Clerk
r-c ` _ 1999.
yi1V -/
C ' A ENE SMOLLEN, Village Clerk
Planning Department
Village of Lemont
418 Main Street
Lemont, II 60439
PIN#: 22 -27- 201 -008 -0000
KI, VILLAGE PRESIDENT
EXHIBIT A
Legal Description:
THAT PART OF LOT 14 IN COUNTY CLERK'S DIVISION OF SECTION 30, TOWNSHIP 37
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, AS RECORDED ON
JUNE 8, 1880 AS DOCUMENT NUMBER 275499, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF SAID SECTION 30 AND THE SOUTH LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 30; THENCE NORTH 0 DEGREES 04 FEET 37
INCHES EAST 84.26 FEET ALONG THE WEST LINE OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF SAID SECTION 30 TO THE POINT OF BEGINNING; THENCE
CONTINUING NORTH 0 DEGREES 04 FEET 37 INCHES EAST 294.22 FEET ALONG LAST
SAID WEST LINE TO THE SOUTH LINE OF ALBA STREET AS DEDICATED BEING ALSO
THE SOUTH LINE OF TIMBERLINE UNITS II & III PHASE 2 SUBDIVISION; THENCE
SOUTH 89 DEGREES 56 FEET 41 INCHES EAST 141.69 FEET ALONG LAST SAID SOUTH
LINE TO THE WEST LINE OF TIMBERLINE DRIVE AS DEDICATED; THENCE SOUTH 13
DEGREES 55 FEET 55 INCHES EAST 63.59 FEET ALONG LAST SAID WEST LINE TO A
POINT OF CURVE; THENCE SOUTHERLY ON A CURVE CONVEX TO THE EAST HAVING
A RADIUS OF 367.00 FEET, AN ARC DISTANCE OF 89.73 FEET AND A CHORD BEARING
OF SOUTH 6 DEGREES 55 FEET 39 INCHES EAST TO A POINT OF TANGENT; THENCE
SOUTH 0 DEGREES 04 FEET 37 INCHES WEST 153.98 FEET ALONG LAST SAID WEST
LINE; THENCE NORTH 86 DEGREES 26 FEET 00 INCHES WEST 168.31 FEET TO THE
POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS.
EXHIBIT B
Conditions of Approval
1) the project shall be built substantially in conformance with the site plan, attached as exhibit
"C ", the building elevations, attached as exhibit "D" and exhibit "E ", the architectural
rendering, attached as exhibit "F ", the landscape plan, attached as exhibit "G ", the floor
plan, attached as exhibit "H ", and the sign plan, attached as exhibit "I ", except as such
plans may be changed to conform to Village Codes and Ordinances;
2) the variation approvals shall expire 1 (one) year from the date of Village Board Approval, if
at such time a site development and /or building permit has not been issued by the Village
for the development;
3) the petition is subject to review and approval from the Village Attorney and Village
Engineer;
4) landscaping plans shall incorporate a landscaped buffer along the north and northwest
property lines which meets or exceeds the standards in the proposed zoning ordinance, and
shall be subject to review by the Village Landscape consultant;
5) a 24 -foot ingress /egress easement shall be provided, which corresponds to the encroaching
portion of the parking area, in order to facilitate cross - access with the property to the west;
6) approval from the Illinois Department of Transportation will be required for access to
McCarthy Road;
7) the proposed building shall conform with the exterior facade ordinance, and shall be
constructed primarily of face brick, with accents, highlights and /or bands of renaissance
stone as depicted in the building elevations, attached here as exhibit "D" and exhibit "E ";
and
8) parkway trees and sidewalks shall be required along the north side of McCarthy Road per
Village ordinance;
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60-0" —I
4'-9"
FUTURE CROSS ACCESS TO ADJACENT
PROPERTY
40'
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PROPOSED BUILDING
4600 Square Feet
CONC. WAIN
BUIILWOSETBACK LINE
HC
PARKING - 23 Cars
B WIDE CONC. WAIT(
20'
24'
20'
PARgNO SETBACK UNE
E & J FOOD SHOP
Lemont, Illinois
SITE DATA
SITE AREA 1.0001 Acres
AREA of ROAD .3965 Acres
NET AREA .6036 Acres
BUILDING AREA 4600 Square Feet
PARKING 23 Cars
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ARCHITECTS & DESIGNERS
222 E. AN Avenue
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SITE PLAN
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E & J FOOD SHOP
Lemont, Illinois
RENAISSANCE' STONE WALL FOR SIGN AND EQUIPMENT SCREEN (BEYOND)
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Lemont, Illinois
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Lemont, Illinois
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8' -6" / Lemont, Illinois
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ARCHITECTS 8 DESIGNERS
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Naperville, IL 3054 10
(500171630171] -5990
SIGN ELEVATION
PREI-IN ALUMINUM COPING
'RENAISSANCE STONE'
24" HIGH RED COLOR BACKLIT LETTERS
8" HIGH RED BACKLIT LETTERS
FACE BRICK ACCENT BANDS
0
2
4
8 FEET
Mayor
Richard A. Kwasneski
Village Clerk
Charlene M. Smollen
Administrator
Steven A. Jones
Mayor Richard A. Kwasneski and
Board of Trustees
Village of Lemont
418 Main Street
Lemont, IL 60439
LEMONT
Village of Faith
418 Main Street • Lemont, IL 60439 -3788
(630) 257 -1550
Fax (630) 257 -1598
email: vlemont @aol.com
RE: Case Number 98.35, E&J food shop - variation requests
Trustees
Barbara Buschman
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
Mary Studebaker
Dear Mayor Kwasneski and Village Trustees:
The Planning and Zoning Commission conducted a public hearing on the above noted case at the March 2, 1999 meeting.
The petitioner's, Edward Lukanus and Joseph Maka, are requesting:
A variation to allow the parking area to encroach 12 feet into the minimum required 20 feet on the west side yard.
A variation to allow a zero lot line parking setback from the McCarthy Road right -of -way.
The Commission heard testimony from the Village Planner, the petitioner, and members of the audience. Audience members
asked for clarification on issues relating to: the manner in which foods would be prepared, the location of the dumpster, the
exact nature of the variations being requested, whether a fence was being proposed along the rear of the lot, the hours of
operation and the manner in which they would be enforced, and the potential for any safety hazards in regard to the parking
variation.
Commissioners questioned the petitioner on numerous issues, relative to: potential odors emanating from the food
preparation activities, the impetus for the unusual signage design & the manner in which it will be illuminated, whether the
establishment was dine -in or carry -out, lighting of the parking lot, the screening of rooftop equipment, the exterior material
for the dumpster enclosure, and sidewalk construction.
Following careful review of the petition, the Planning and Zoning Commission's motion to recommend approval of the
variation passed by a vote of 6 -0 with 8 conditions. Their decision was based in part, on the following 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: Development of the property is severely constrained by the unconventional triangular configuration of the
lot, and the requested variations are necessary to accommodate the proposed development.
2) the plight of the owner is due to unique circumstances;
Findings: The property possesses an undoubtedly "unique" configuration.
3) the variation, if granted, will not alter the essential character of the locality;
Findings: The essential character of the locality can only be described as diverse and consisting of a mix of land uses.
However, the variance to the parking setback will, in effect, provide a greater measure of protection to the
residential uses to the north which stand to be the most impacted by this development.
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: The strict application of the setback regulations to this property will certainly result in practical difficulties
(significant economic injury) to the petitioner by causing them to substantially decrease the proposed
building footprint. In addition, the unique dimensions of the property make it an appropriate candidate for a
variation request, due to the fact that the height, bulk, area standards of the Zoning Ordinance were intended
in their application to regulate development on the more common rectangular or square building lot.
Sincerely,
Tom Metzger, Acting Chairperson
Planning and Zoning Commission
LEMONT
Village of Faith
PLANNING & ZONING COMMISSION
418 Main Street, Lemont, 11 60439 -3788
Terry Duffy, Chairman
Paul Bruce
Thomas J. Metzger
Katherine H. Murphy
Ellen Pearson
Ronald J. Stapleton
Scott Studebaker
MINUTES
MARCH 2, 1999
The meeting of the Lemont Planning & Zoning Commission of the Village of
Lemont was held on Tuesday, March 2, 1999, at the Village Hall. The meeting
was called to order at 7:02 p.m. by Tom Metzger. The following commissioners
were present: Paul Bruce, Katherine Murphy, Ellen Pearson and Ron Stapleton.
Absent: Chairman Terry Duffy. Scott Studebaker arrived after approval of the
minutes. The following staff was also present: Andy Fitz and Lisa Wuethrich.
A motion was made by Mr. Stapleton and seconded by Ms. Murphy to approve
the February 16, 1999 minutes. Motion carried 5 -0.
PUBLIC HEARING
A motion was made by Mr. Bruce and seconded by Mr. Stapleton to open the
Public Hearing case number 98.35 Request for variations to allow the
construction of a food mart and deli, known as E &J Food Shop, located on the
north side of McCarthy Road, east of Archer Avenue. Motion carried 6 -0.
Mr. Fitz said that a Pre - Application for this petition was heard on November 3,
1998 and a Technical Review was held on February 16, 1999.
Mr. Fitz said that variances are being requested to allow a portion of the parking
area to encroach 12 feet into the 20 foot west side yard setback and to allow a
zero lot line setback for the parking lot from McCarthy Road in lieu of the 15 foot
requirement.
Mr. Fitz said that the proposed meat market and deli will adhere to the current
B -3 zoning. Mr. Fitz said that there are 23 parking spaces per Village code with
detention in the parking lot, which is also permitted by Village code.
Mr. Fitz said that the major issues brought up by staff at the Technical Review
meeting were regarding landscaping and the unusual sign.
Rick Skrodzki, attorney for the petitioners, said that the proposed business is a
permitted use in B -3. Mr. Skrodzki said that the petitioners were asked to orient
the building forward at the Pre - Application and complied with the Commission's
request. Mr. Skrodzki said that they are able to maintain the full 20 foot setback
on the east and are showing an easement for a future cross access to the
adjacent property to the west, which is why the parking lot is encroaching into
the 20 foot west side yard setback by 12 feet.
Scott Pudil, architect for the petitioners, said that they tripled the amount of trees
along the northeast and west boundaries of the site. Mr. Pudil said that the plan
indicates a 6 foot sidewalk, since they were not sure if the Village wanted walks
installed or cash -in -lieu. Mr. Pudil said that the building is setback well beyond
the 40 foot front yard setback.
Mr. Pudil said that the proposed sign calls attention to the entrance. Mr. Pudil
said that the sign will help screen the rooftop equipment from the residents of
the Steeples Subdivision. The letters will be backlit, with "E &J" being 24 inches
high and "Food Shop" being 8 inches. Mr. Pudil said that the sign is
approximately 23 feet above the floor level of the building. The building will be
entirely brick, with windows only in the front of the building. Mr. Pudil said that
they plan to incorporate an emergency door as suggested by staff. Mr. Pudil said
that a monument sign would not be effective due to the zero setback request.
Mr. Fitz said that the sign area above the roof line is approximately 192 square
feet. Mr. Fitz said that the petitioners are allowed one square foot of signage per
foot of lineal frontage and would be allowed about 300 square feet of signage.
Mr. Bruce asked if the lights will remain on. Mr. Pudil said that the lights, either
backlit or flood, will not be on all night since the store will close in the early
evening. Mr. Pudil said that for clarification, there will be only one major rooftop
mechanical unit and it will be screened by the sign on three sides and partially
screened on the west side.
Mr. Stapleton asked about the dumpster enclosure. Mr. Pudil said that the
enclosure will be brick to match the building.
Mr. Skrodzki said that the proposed hours of operation will be 9 a.m. to 6 p.m.
Monday through Friday, 10 a.m. to 5 p.m. on Saturday and closed on Sunday.
Mr. Skrodzki said that 90% of the meats are fresh and about 5% to 10% of the
meat will be smoked on site in a self - contained unit. Mr. Skrodzki said that the
meats retain the smoke, so there are no odors, and the unit is about the size of a
refrigerator. Mr. Skrodzki said that they also plan to carry baked goods and
ethnic foods.
Mr. Bruce asked were the delivery trucks will go. Mr. Pudil said that most
deliveries can come in through the front door, larger trucks and the garbage
truck will need to back in. Mr. Fitz said that per Village Ordinance, structures
under 5,000 square feet are not required to have a loading dock.
Ron Cerika, of 13880 Steepleview Lane, asked if there will be any cooking with
grease. Mr. Pudil said that there will be no frying or grilling, but soup and
pierogie preparation and some baking will occur on site.
Phyllis Hardy, of 12236 Spire Drive, asked where the dumpster will be. Mr. Pudil
said that it will be located on the west side of the property in an enclosure. Ms.
Hardy asked if there will be any venting of the meat products. Mr. Metzger said
no, the smoking unit is self- contained.
Tony Walas, of 13916 Steepleview Lane, asked for a clarification of the parking
variance. Mr. Fitz said that the variance is to allow the parking to be closer to
McCarthy Road and will allow the building to be further away from the Steeples
Subdivision.
Ben Hardy, of 12236 Spire Drive, asked if there will be any fencing between the
back of the building and Steeples. Mr. Metzger said that no fencing is proposed.
Mr. Metzger said that the Commission is generally not in favor of fencing and
would rather see berming and natural buffering. Mr. Hardy asked if there will be
a guarantee that the hours of operation will not change. Mr. Fitz said that the
proposed hours would become part of the approval and the petitioners would
need to come back for an amendment to the Ordinance if the hours change.
Joe Petrich, of 13911 Steepleview Lane, asked if the proposal will create a
safety hazard. Mr. Metzger said that the petition is a permitted use and will have
to abide by all Village codes. Mr. Fitz said that there is 50 feet of right -of -way
from the centerline of McCarthy Road to the edge of the parking lot and the only
safety issue may be visibility when pulling out onto McCarthy Road.
Ms. Murphy asked if there will be odors on a windy day. Mr. Skrodzki said no
and that they have never had a complaint at their current site in Burbank. Mr.
Skrodzki said that "preparing" is a more accurate term for what they do than
"processing."
Mr. Fitz said that landscaping has been considerably increased since the Pre -
Application and is not sure if berms are proposed. Mr. Pudil said that they would
prefer berms, if feasible within the existing site conditions.
Mr. Metzger asked if there are any alternatives to the proposed signage. Mr.
Skrodzki said that the sign is part of the architectural design of the building and
eliminates sign clutter. Mr. Pudil said that the sign eliminates the need for
signage on canopies or windows, integrates the sign into the architectural
design and is unique.
Mr. Studebaker said that he did not like the sign at first but is starting to
appreciate the character of it.
Mr. Stapleton said that he is pleased with what the petitioners have done and
knows there is hardship due to the configuration of the lot.
Ms. Murphy agrees with Mr. Stapleton and is in favor of the sign to reduce
signage clutter.
Ms. Pearson said that she is pleased with the creativity.
Mr. Studebaker said that he wants sidewalks installed instead of cash -in -lieu.
Mr. Fitz said that he does not see why a future developer to the west would not
meet parking setback requirements due to having a larger area to work with.
A motion was make by Mr. Stapleton and seconded by Mr. Bruce to close the
Public Hearing. Motion carried 6 -0 by voice vote.
Mr. Fitz brought up the issue of lighting on the site. Mr. Skrodzki said that they
are well within Village standards for lighting because the store will not be open
in the evening, except in the winter when it gets dark early. Mr. Pudil said that
there will be soffit lighting to illuminate the walkways and the entrance.
Mr. Metzger asked about light poles. Mr. Skrodzki said that there will be light
poles only if they are required and would only be 10 to 12 feet high.
A motion was made by Mr. Studebaker and seconded by Ms. Murphy to approve
case number 98.35 Request for variations to allow the construction of a food
mart and deli, known as E &J Food Shop, located on the north side of McCarthy
Road, east of Archer Avenue, along with eight staff recommendations: the
project shall be built substantially in conformance with the architectural
renderings, attached as exhibit 2, the site plan, attached as exhibit 3, the
landscaping plan, attached as exhibit 4, the floor plan, attached as exhibit 5, and
the building elevations, attached as exhibit 6 and exhibit 7, as presented on
March 2, 1999, except as such plans may be changed to conform to Village
Codes and Ordinances /the variation approvals shall expire 1 (one) year from
the date of Village Board approval, if at such time a site development permit
and /or building permit has not been issued by the Village for the development'
4
the petition is subject to review by the Village Engineep'Iandscaping plans shall
incorporate a landscaped buffer along the north and northwest property lines
which meets or exceeds the standards in the proposed zoning ordinance and
shall be subject to review by the Village Landscape consultant; a 24 foot
ingress /egress easement shall be provided, which corresponds to the
encroaching portion of the parking area, in order to facilitate cross - access with
the property to the west; approval from the Illinois Department of Transportation
will be required for access to McCarthy Road; the proposed building shall
conform with the exterior facade ordinance and shall be constructed primarily of
face brick, with accents, highlights and /or bands of renaissance stone as
depicted in the building elevations, attached as exhibit 6 and exhibit 7 as
revised; and parkway trees and sidewalks shall be required along the north side
of McCarthy Road per Village Ordinance. Motion carried 6 -0 by roll call vote.
GENERAL PLANNING DISCUSSION
Mr. Metzger said that he would like to let the Village Board know that signage is
important to the Planning & Zoning Commission and wants to understand why
the Board granted Taco Bell /KFC a sign variance.
AGENDA
Mar. 16
645 Fourth Street Public Hearing
Pre- Application for a 3 lot subdivision in unincorporated Cook
Pre - Application for a potential annexation agreement off Archer
A motion was made by Mr. Studebaker and seconded by Mr. Stapleton to
adjourn the meeting. Motion carried 6 -0.
The meeting adjourned at 8:25 p.m.
Lisa l,U iu.th ri
Lisa Wuethrich
Secretary
Planning & Zoning
5
the petition is subject to review by the Village EngineeVlandscaping plans shall
incorporate a landscaped buffer along the north and northwest property lines
which meets or exceeds the standards in the proposed zoning ordinance and
shall be subject to review by the Village Landscape consultant; a 24 foot
ingress /egress easement shall be provided, which corresponds to the
encroaching portion of the parking area, in order to facilitate cross - access with
the property to the west; approval from the Illinois Department of Transportation
will be required for access to McCarthy Road; the proposed building shall
conform with the exterior facade ordinance and shall be constructed primarily of
face brick, with accents, highlights and /or bands of renaissance stone as
depicted in the building elevations, attached as exhibit 6 and exhibit 7 as
revised; and parkway trees and sidewalks shall be required along the north side
of McCarthy Road per Village Ordinance. Motion carried 6 -0 by roll call vote.
GENERAL PLANNING DISCUSSION
Mr. Metzger said that he would like to let the Village Board know that signage is
important to the Planning & Zoning Commission and wants to understand why
the Board granted Taco Bell /KFC a sign variance.
AGENDA
Mar. 16
645 Fourth Street Public Hearing
Pre - Application for a 3 lot subdivision in unincorporated Cook
Pre - Application for a potential annexation agreement off Archer
A motion was made by Mr. Studebaker and seconded by Mr. Stapleton to
adjourn the meeting. Motion carried 6 -0.
The meeting adjourned at 8:25 p.m.
Lisawuuthr�
Lisa Wuethrich
Secretary
Planning & Zoning
5
STAFF REPORT
PLANNING AND ZONING COMMISSION
Prepared by Andrew Fitz, Village Planner
GENERAL CASEFILE INFORMATION
Case Number 98.35
Commission Meeting Date March 2, 1999
Petitioners Edward Lukanus and Jozef Maka
Request A variation to allow the parking area to encroach 12 feet into the
minimum required 20 feet on the west side yard, and a variation to
allow a zero lot line parking setback from the McCarthy Road right -
of -way.
Location McCarthy Road, approximately 1000 -feet east of the Archer Road
intersection
Parcel Number 22 -27- 201 -008
Size approximately 0.6 acre (26,291 square -feet)
Street Frontage 300+ feet along McCarthy Road
Current Zoning B -3, Commercial District.
Contiguous Zoning & North, PUD R -5, Steeples Subdivision.
Land Use South, PUD R -4, Ruffled Feathers
East, PUD R -5, Steeples Subdivision
Exhibits West, R-1 Single Family, vacant
1) Location/Zoning Map.
2) Architectural Rendering.
3) Site Plan.
4) Landscape Plan.
5) Floorplan.
6) North & South Building Elevations
7) East & West Building Elevations
8) Enviro -Pak specifications.
9) Planning & Zoning Commission Minutes, 11/03/98.
10) Technical Review Committee Minutes, 2/16/99.
HISTORY OF THE PROPERTY
This proposal, in a slightly modified version, was first presented before the Planning & Zoning Commission for a
pre - application hearing on November 3, 1999 (see exhibit 9). At that time the proposal called for two access
drives onto McCarthy Road (reduced to one in the current proposal), and variations for reductions in both
sideyards (reduced to one sideyard variation, with a new variation request for the parking lot). A Technical
Review Committee was then held on February 16, 1999 (see exhibit 10). The petitioners have now proceeded
with a formal application, and a public hearing before the Commission.
CHARACTER OF THE AREA
The area is characterized by a mix of uses, and is experiencing a gradual trend of both residential and retail/
service sector commercial development and redevelopment. The intersection of McCarthy, Archer and Derby
Roads is designated as a commercial node /cluster on the Comprehensive Land Use Plan. Although a majority of
the property zoned for business (B -3 Commercial District) has yet to be developed, this intersection currently is
anchored by the Amoco /Split Second, D -lux Budget Inn, Suburban Bank & Trust (formerly Southwest Financial
Bank), and the as -of -yet undeveloped lot (formerly Night Games) at the northeast corner of Archer & McCarthy -
for which a steak house restaurant had been proposed.
DEVELOPMENT PROPOSAL
The petitioners are requesting a variation to allow a portion of the parking lot to encroach 12 feet into the
minimum required 20 foot west side yard, and a variation to allow a zero lot line parking setback, rather than the
minimum required 15 feet, from the McCarthy Road right -of -way. Both variations are being requested in order to
facilitate the development of the lot with a 4600 square -foot building, for a deli /meat market business. The
petitioners and contract purchasers of the property, Edward Maka and Jozef Lukanus, currently operate a similar
business in Burbank IL., and wish to relocate that business to Lemont in which they both currently reside. The
variation to allow a zero lot line parking lot setback will enable the building to be shifted further south, and allow
for a 20 foot landscaped buffer between the business and the Steeples Subdivision to the north. The encroachment
of a portion of the parking lot 12 feet into the west side yard will presumably be temporary in nature, as the
property to the west is highly suited for commercial uses and is unlikely to be developed with residential units.
The proposed business will bear the name "E & J's Food Shop" and will operate primarily as an ethnic deli and
meat market. Fresh meat and sausages will be sold, and some meat processing and preparation will take place on
the premises with the use of a compact food processing "forced air" oven (see exhibit 8). The business hours will
range from 9 or 10am to 5 or 6pm, and may have limited hours on Saturday but will not be open on Sunday. At
the present location the business serves alcohol, but liquor sales are not proposed for this location. The business
will not have dine -in eating or seating and will solely be a carry-out facility.
Utilities
The property is currently unserved by Public water and sewer. A 12 -inch water line is stubbed along McCarthy
Road at a point adjacent to the southeast boundary of the subject property. There is also an 8 -inch sanitary sewer
line servicing the Steeples Subdivision to the north along Steepleview Lane. There will be a water and sewer
recapture fee required at the time of connection to Village Utilities.
Infrastructure
The principal access to the site will be via a single entrance onto McCarthy Road, which will require DOT
approval. 23 parking spaces will be provided per code. Due to the limitations of the site relative to its size and
configuration, detention will most likely be provided within the parking area. Sidewalks and seven (7) parkway
trees will also be installed within the northern half of the McCarthy Road right -of -way (50 feet of right -of -way for
McCarthy Road has already been dedicated).
Landscaping
A preliminary landscape plan has been provided (see exhibit 4) which depicts a mix of deciduous shade trees &
shrubs and evergreen shrubs along the north and west sideyards, and perennials around the perimeter of the
parking area and drive entrance to McCarthy Road. The petitioners have indicated a willingness to work with
Staff and within the landscaping provisions of the revised zoning ordinance when preparing a final landscape
plan. The emphasis of the landscape plan will be in providing a substantial buffer for the residences to the north,
while enhancing the overall aesthetics of the site with a diversity of plantings. The Village Landscape consultant
will also be provided with a copy of the plan for review and input.
Building Materials
The facade of the building will be constructed primarily of face brick with accent bands, a renaissance stone base
(a man -made limestone like material), and dri -vit or stucco along the parapet below the roof line. The architect
has indicated that the side and rear exterior walls of the building will be constructed either of face brick (as shown
on the building elevations - see exhibits 6 & 7) or of concrete masonry unit (CMU).
Signage
Signage will be concentrated on the site in one hybrid building/monument sign that defies definition under the
current zoning ordinance. It is a combination of a wall, monument, roof, and building sign. The provisions of the
zoning ordinance do not address this type of sign, and therefore it is more a matter of interpretation as to whether
it is permitted, although it is not specifically prohibited. The sign will be constructed of renaissance stone and
will be illuminated. It will be back -lit, but will not be lit at night, and should not be visible from the residences at
the Steeples Subdivision. The height of the sign will be approximately 26.8 feet, so as to increase the visibility of
the business from the intersection of McCarthy and Archer Road (about 2/10 of a mile to the west). A majority of
the sign structure, measured at 192 square feet above the roof -line, will not be utilized for actual signage, and the
true area of the "sign face" will only be 54 square feet (see exhibit 6).
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: Development of the property is severely constrained by the unconventional triangular
configuration of the lot, and the requested variations are necessary to accommodate the proposed
development.
2) the plight of the owner is due to unique circumstances;
Findings: The property possesses an undoubtedly "unique" configuration.
3) the variation, if granted, will not alter the essential character of the locality;
Findings: The essential character of the locality can only be described as diverse and consisting of a mix of
land uses. However, the variance to the parking setback will, in effect, provide a greater measure of
protection to the residential uses to the north which stand to be the most impacted by this
development.
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: The strict application of the setback regulations to this property will certainly result in practical
difficulties (significant economic injury) to the petitioner by causing them to substantially decrease
the proposed building footprint. In addition, the unique dimensions of the property make it an
appropriate candidate for a variance request, due to the fact that the height, bulk, area standards of
the Zoning Ordinance were intended in their application to regulate development on the more
common rectangular or square building lot.
PUBLIC RESPONSE
There have been several calls from the public regarding the nature of the proposed development, but none have
expressed opposition to the petition.
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