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O-847-94 06/27/94VILLAGE OF LEMONT ORDINANCE NO. 99P Attachment for Item V.C.4. AN ORDINANCE GRANTING A VARIANCE TO PERMIT A MINOR VARIATION IN SIDEYARD SETBACK REQUIREMENT FOR 1025 119TH STREET ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT ThisC4 / 2 day of Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, DuPage, and Will Counties, linois this day of ✓ , 1994. , 1994. ORDINANCE NO. AN ORDINANCE GRANTING A VARIANCE TO PERMIT A MINOR VARIATION IN SIDEYARD SETBACK REQUIREMENT FOR 1025 119TH STREET WHEREAS, an application has been filed by Christopher and Jeanine Gillott in connection with a Request for Variation for the property legally decribed in Exhibit "A" attached hereto and located at 1025 119th Street, Lemont, Illinois; and WHEREAS, the applicant is seeking relief from the Zoning Ordinance in order to reduce sideyard setback requirements from 15' to 14'3" for a single- family house to be located on Lot 32 in Carriage Ridge. Estates; and WHEREAS, in accordance with Village of Lemont Ordinance 833, an Administrative Public Hearing before the Village of Lemont Hearing Officer was held June 27, 1994; and WHEREAS, a notice of the aforesaid Public Hearing was made in the manner provided by law and was published in the SouthTown Economist, a newspaper of general circulation within the Village; and WHEREAS, the Hearing Officer 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 adoption of the Hearing Officer's recommendation regarding the subject property. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Lemont, that the petitioners, Christopher and Jeanine Gillott, be granted a variation of 5% or less in order to recuce sideyard setback requirements from 15' to 14'3" for a single - family house to be located at 1025 119th Street in Carriage Ridge Estates. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTY OF COOK, ILLINOIS, on this <9.-7/4--, day of , 1994. Barbara Buschman Alice Chin Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Approved by me this Attest: AYES NAYS PASSED ABSENT CHARLENE SMOLLEN, Village Clerk CHARLENE SMOLLEN, Village Clerk SNESKI, VILLAGE PRESIDENT Mayor Richard A. Kwasneski Village Clerk Charlene M. Smoilen Administrator Steven A. Jones LEMONT Village of Faith 418 Main Street • Lemont, IL 60439 -3788 (708) 257 -1550 Fax (708) 257 -1598 ADMINISTRATIVE HEARING MINUTES Trustees Barbara Buschman Alice Chin Keith Latz William Margalus Rick Rimbo Ralph Schobert An Administrative Hearing was held on Monday, June 27, 1994 at 10:00 a.m. at the Lemont Village Hall. The hearing is authorized under Village Ordinance Number 833. In attendance were the petitioners, Jeanine & Christopher Gillott, adjacent property owner Kazimierz Cislo, Hearing Officer Dana Jenkins and Recording Secretary Chris Giazzon. The hearing was opened by Ms. Jenkins at 10:00 a.m. The purpose of the hearing was to consider a request for a variation of 5% or less in order to reduce sideyard setback requirements from 15' to 14'3" for a single - family house to be located at 1025 119th Street in Carriage Ridge Estates. The petitioners are Christopher and Jeanine Gillott of 4827 West 98th Street, Oaklawn, Illinois. The Hearing Officer stated that the record should reflect that notice of the hearing was published in the SouthTown Economist newspaper on June 12, 1994, that a sign was posted on -site on June 10, 1994 and that certified mail receipts of the notice mailed to all property owners within 250' of the subject property are hereby made a part of the record. The petitioner, Chris Gillott, stated that 2 years ago, prior to the purchase of his lot, he was told upon contacting the Village that the sideyard setback requirement for his lot was 10'. He went on to say that, based on this information, he purchased both the lot and the blueprints of a house to build on that lot. Upon bringing the plans in to review them with Building & Zoning Administrator Ken Tulley in 1993, he was advised that his proposed plans would not be allowed on this lot, where 15' sideyard setbacks were required. According to Mr. Gillott, Mr. Tulley indicated that he should able to build to his plan if he could revise it to stay within 12" of the ordinance requirements. Mr. Gillott testified that he then purchased another set of plans, which were 2' too wide (1' on each side) to meet the strict ordinance requirements, but within the recommended 12 ". This spring he came in to apply for a permit and learned that Ken Tulley was no longer with the Village. - 2 - He met with Gary Sniegowski, who informed him that he would have to request a variation in order to build as planned. Mr. Gillott stated that he and his wife have invested a great deal of time and energy into the planning of this house, and have tried to do their research early in order to avoid such problems. If he had been properly advised in the first place, none of this would have happened and he would not be here requesting this minor relief. He further stated that approving the request will have no impact on the surrounding neighborhood. Ms. Jenkins asked if there were any others who wished to testify in this matter. Mr. Kazimierz Cislo, owner of the property located immediately to the east of the subject property at 1021 119th Street, asked if this would raise his property taxes. Ms. Jenkins indicated that the petition is related only to the required sideyard setback and not to any tax assessment function. Mr. Cislo then confirmed that he had no objection to the granting of the variance. Ms. Jenkins then reviewed the standards for variations as noted in Section XII of the Lemont Zoning Ordinance and found that the following standards apply to this request: the plight of the owner is due to unique circumstances; the variation, if granted, will not alter the essential character of the locality; the granting of 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; and the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. Given these findings, Ms. Jenkins indicated that a recommendation of approval will be forwarded to the Village Board for a final decision at its regular meeting of June 27th, 1994 at 7:30 p.m. in the Lemont Village Hall. The hearing was adjourned at 10:15 a.m.