Loading...
O-55-12 08-27-12VILLAGE OF LEMONT ORDINANCE NO. D , SJ`� /3- AN ORDINANCE GRANTING A VARIATION TO ALLOW A DECK 12 FEET FROM THE EAST LOT LINE FOR PROPERTY AT 3 KEEPATAW LANE IN LEMONT, IL (3 Keepataw Lane Variation) Adopted by the President and Board of Trustees of the Village of Lemont This 27th Day of August, 2012. 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 27th day of August, 2012. ORDINANCE NOD '5S /c--� AN ORDINANCE GRANTING A VARIATION TO ALLOW A DECK 12 FEET FROM THE EAST LOT LINE FOR PROPERTY AT 3 KEEPATAW LANE IN LEMONT, IL (3 Keepataw Lane Variation) WHEREAS, Robert E. Spychalsk, hereinafter referred to as "the Petitioner," is the owner of the subject property at 3 Keepataw Lane in Lemont (PIN 22 -29- 414 -028), hereinafter referred to as "the subject property," and legally described and depicted in Exhibit A, attached hereto and incorporated herein; and WHEREAS, the Petitioner is seeking a variation to the Unified Development Ordinance, § I7.06.030.D, to allow a deck to be placed 12 feet from the east property line on the subject property; and WHEREAS, the Lemont Zoning Hearing Officer conducted a Public Hearing on August 13, 2012; and WHEREAS, a notice of the aforesaid Public Hearing was made in the manner provided by law and was published in the Lemont Reporter -Met, a newspaper of general circulation within the Village; and WHEREAS, the President and Board of Trustees of the Village have reviewed the matter herein and have determined that the same is in the best interest of the Village of Lemont, and hereby adopt the finding of facts as set forth in Exhibit B. 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: Incorporation of Recitals. The foregoing findings and recitals are herby adopted as Section 1 of this Ordinance and are incorporated by reference as if set forth verbatim herein. SECTION 2: Variation. A variation is granted from the Unified Development Ordinance, §17.06.030.13, to allow a deck to be constructed 12 feet from the east property line of the subject site, consistent Exhibit A. SECTION 3: That the Village Clerk of the Village of Lemont be and is directed hereby to publish this Ordinance in pamphlet form, pursuant to the Statutes of the State of Illinois, made and provided. SECTION 4: That this Ordinance shall be in full force and effect from and after its passage, approval and publication provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE AND WILL, ILLINOIS, ON THIS 27" DAY OF AUGUST, 2012. Jeanette Virgilio J NAYS ABSENT ABSTAIN zby me this 271h August, 2012 . REA S, Village President 4 A est RLENE M. SMOLLEN, Village Clerk AYES Debby Blatzer V Paul Chialdikas Clifford Miklos Ron Stapleton ✓ Rick Sniegowski Jeanette Virgilio J NAYS ABSENT ABSTAIN zby me this 271h August, 2012 . REA S, Village President 4 A est RLENE M. SMOLLEN, Village Clerk i'n rilow ne s-agay LANE' SURVEYORS S7 .',178• ll.� 1; EFS7 Cr lz�r q, d�l LOT 76 0 2C qq� KEEPOTAW LANE -E�. A ter_? FINDINGS OF FACT: The variation will not adversely affect public health, safety or welfare because the proposed deck would be located within a private yard, 12 feet from a lot line that is heavily wooded. 2. The plight of the owner is due to unique circumstances and thus strict enforcement of the Unified Development Ordinance would result in practical difficulties or impose exceptional hardships on the property owner. The unique circumstance on this site is its topography. The rear yard of the subject property has a significant slope running generally from the northwest corner of the lot to the southeast corner of the lot. Along the rear of the house, the ground slopes rather steeply from the center of the house to the eastern lot line. This area has four small retaining walls. It is in this area, near a sliding door from the kitchen, where the applicant desires to construct a deck. Strict adherence to the zoning standard of 15-ft for the deck setback would create a small ledge between the deck and one of the retaining walls which may be unsafe. Additionally, this would create a portion of the rear yard that would be essentially unusable.