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O-60-12 09-24-12VILLAGE OF LEMONT ORDINANCE NO. n -W -12 AN ORDINANCE GRANTING A VARIATION TO ALLOW A PORTION OF A DRIVEWAY TO EXCEED 22 FEET IN WIDTH AT 423 HOLMES STREET IN LEMONT, IL (423 Holmes Street Variation) Adopted by the President and Board of Trustees of the Village of Lemont This 24th Day of September, 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 24th day of September, 2012. ORDINANCE NO. ! -S1 - AN ORDINANCE GRANTING A VARIATION TO ALLOW A PORTION OF A DRIVEWAY TO EXCEED 22 FEET IN WIDTH AT 423 HOLMES STREET IN LEMONT, IL (423 Holmes Street Variation) WHEREAS, Michael Madden Jr. and Gina L. Madden, herein after referred to as "the Petitioner" are the owners of the property at 423 Holmes Street in Lemont (PIN 22-20-437-011), hereinafter referred to as "the subject property," legally described and depicted in Exhibit A; and WHEREAS, the Petitioner is seeking a variation to the Unified Development Ordinance, § I7.07.020.F.8, to allow a portion of a driveway within the R -4A zoning district to exceed 22 feet in width; and WHEREAS, the Planning and Zoning Commission of the Village of Lemont, Illinois conducted a Public Hearing on September 19, 2012 and voted 6 -0 to recommend approval of the requested variation; 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 public health, safety and welfare of the residents 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, § I 7.07.020.F.8, to allow a portion of a driveway within the R -4A zoning district to exceed 22 feet in width. SECTION 3: Conditions. The driveway dimensions shall conform to the design depicted in Exhibit A. SECTION 4: 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 5: 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 24'h DAY OF SEPTEMBER, 2012. Appro by me this 2 th ay September, 2012 B N K. RE , illage President Attest: AJ `CCTIARLENE M. SNIOLLEN, Village Clerk AYES NAYS ABSENT ABSTAIN Debby Blatzer Paul Chialdikas Clifford Miklos Ron Stapleton P1 Rick Sniegowski L/ Jeanette Virgilio Appro by me this 2 th ay September, 2012 B N K. RE , illage President Attest: AJ `CCTIARLENE M. SNIOLLEN, Village Clerk LE"KO Exhibit A "S N A) • NECORO (NM) = NORTHWESTERLY Yj • BFASIDE) (NE) NORTHFASiE B) • (SA) • SWTMIEBTERLY SURVEYING SERVICES, LLC C) • CALC (BE) = 6WTMFASiEPLY ARLWLATEO L) - LEXGIH I(A01= ASSURE 1ovoiz,EV�W Cr. - ORO CNI• GDRD IAN = ARIGHT H0IHE0VDIF.IILDV0L4 fOAK - F.I.P.) • FOUND IRON PIPE IR.O. W.) RIGHT OF NAY PEL(6M 22692MI F.AM (630) 226.92M s F. Ln.) FOUND IPON ROD I � - - ' = CHAIR LINE FENCE -� W W YfIPE FENCE I MIS OF BENI W: �T WWO FENCE • SPLIT PAIL PENCE ��T iR"� V$p EAST LINE qF HOLIIES STREET AS M a D -O D • WROUOIT I" FENCE OCCUPIED PER RECORDED SUBDIVISI( P.U. S D.E. PUBLIC UTILITY E N22V2'Nd•IW (A) .� DRAINAGE EASEMENT WT Il (LECVIA 9T@ 01 [AND I61l3.T VYDtE AND 13AS PEEL HIV 1FNC[H LYD1G DtOELT.Y SOUIHP.LSI ®.Y OF lA0 MNRI$.fS1YlLY 1JIVE OF LOT Il AWD CONIMDTVEO ON SAm IJIlL 1 SAID .ErM OP LWD C0 KOMY VG TIU N0IIHfVL9RJ[T.Y PAHEOP EOT 11 Pi D.W. MACipSADDRION TO LEIMO 0EING A SUKDTVI$lON OF LOTS tl AND I3 (SX�ID]G FHE NOEIffiJ<LY HBO F[FT OP THAI PACT OF LOT 11 LYING FAST Oi HFImZIS NOHEONS ADDEIION TO LONOIVn PI Tffi COIIPFIY CLtH[3 DSY1510N OP I.OE 16 Oi l(NSUKDIVIDED IAtVD3 LN gClEON TA TOW'IVSHR 3f NOKT$ CAN¢ Il EAST OF 71FE 711F D PIDNNZVPAL R XAN. DI COOK CUDNFY, HII.N( M ". HIEA OF "am: 'CONTATNING 10.039 50. IT. 0.9S ACRES MORE OR LESS' ��AC� i2Cal1 Snir� Lam— Z.SS AIl�1 G)Ar o.7o'Kii+aE Z.�o A1L�1 i z TN ISE> tered KN^.1 = 3�'A1v`1 - T c 4 .: • ` �, c N ZS 6YCEPr! `� 0/ s Asphalt Driveway o N ) N acvrE RNd q Air S A4- 0 0 2y 1LsX ".) Y�l �V AL g 1G VILLAGE OF IMONT 5? SALT IJOO I t, I-C­ r, ], AgU)Ac&JT- CAPPROVED \` ASr�lALT opRn•.iEO AS nOTED SEN T(-1 alo1J)AI p -CIOVED #48o'vJesT 5NI 7 Pd �- °V-2t, poDl -sf b� IS t t�iG oZ5 LrNL` Its 15" t laa�je + to li -,,< ;, STATE OF ILLINOIS )BE CWNTY OF WILL I, THE UNDERSIGNED, AN ILLINOIS PROFESSIONAL LAND SURVEYOM, 00 REBUT CERTIFY THAT 'THIS PROFESSIONAL 6 a CONFORMS TO THE CURRENT ILLINOIS NINSMUN STANDARDS FOR A BOUNDARY SURVEY,' AND THAT THE PLAT REREON DRAWN R A CORRECT REPRESENTATION OF $AIO SURVEY. NIS 8TH DRAY, 0BE MAY A.D., MT, AT RONEOVILLE, ILLINOIS. %� //.[—f , CLIENT MADE) PROFESSIONAL LAIRD SURVEYOR NO. 036- 3482 JOB NO. 90684 EXPIRATION DATE NOVEMBER 30, 2008 5_7_ SjSINESS REGISTRRTION NO. 104-2961 FIELDWORK DATE. p. UNO T ILLJNOiS a t PROFESSI ES$IONgL LAND 1 SURVEYOR 90,� 3W02 oy E AND EXHIBIT B FINDINGS OF FACT: The variation will not adversely affect public health, safety or welfare because it will not affect access to /from the site and the site's lot coverage will remain under the R -4A zoning district's maximum lot coverage. 2. The variation will have no impact on light, air, or privacy. 3. The topography of the site, along with the existing conditions of the site's retaining walls, garage, and gravel driveway constitute a unique circumstance and thus strict enforcement of the Unified Development Ordinance would result in practical difficulties on this site. The unique circumstances, and thus the practical difficulties, were not created by the Petitioner, as they existing prior to the Petitioner's purchase of the property. 4. The variation will have limited impact to adjacent properties and that impact is not predicted to be negative. Village of Lemont Planning & Economic Development Department 418 Main Street • Lemont, Illinois 60439 phone 630 -257 -1595• fax 630 -257 -1598 TO: Planning & Zoning Commission FROM: Charity Jones, Village Planner THRU: James A. Brown, Planning & Economic Development Director SUBJECT: Case 12 -12 423 Holmes Street Variation DATE: September 7, 2012 SUMMARY Li WA Mike Madden Jr., owner of the subject property, has requested a variation from UDO §17.07.020.F.8 to allow a portion of a driveway to exceed 22' in width. Staff is recommending approval. PZC Memorandum - Case # 12 -12 423 Holmes Street Variation Planning d Economic Development Deparanem Form 270 PROPOSAL INFORMATION Case No. Project Name General Information 12.12 423 Holmes Street Variation Mike Madden, Jr. Status of Applicant Property Owner Requested Actions: Variation to allow a portion of a driveway in the R -4A district to exceed 22'. Site Location 423 Holmes Street (PIN 22 -20- 437 -011) Existing Zoning Lemont R -4A Single- Family Preservation and Infill Size .25 acres (10,729 sf) Existing Land Use Residential Surrounding Land Use /Zoning R -4A Single - Family Preservation and Infill Residential use and zoning on all sides Comprehensive Plan 2002 The Comprehensive Plan calls for this site to be residential. Zoning History N/A Special Information Public Utilities The site is serviced by Village water and sewer. Transportation N/A Physical Characteristics The site is on a steep hill; it slopes down to the north. It is bordered on the south by an allev. BACKGROUND A gravel driveway has provided access to the existing garage on the subject site for many years, as shown in the 2008 aerial photo on page one of this report. The applicant applied for a building permit to construct an asphalt driveway in the same location as the existing gravel drive, and was informed that driveways in the R -4A district are limited to 22' wide. The applicant then completed a 22' drive and submitted an application for a variation to extend the asphalt drive to the remainder of the area previously occupied by the gravel drive. STANDARDS FOR VARIATIONS UDO Section 17.04.150.D states that variation requests must be consistent with the following three standards to be approved: The variation is in harmony with the general purpose and intent of the Unified Development Ordinance: Analysis. The general purpose of the LIDO is specified in LIDO Section 17.01.050. Of the eight components listed, four are not applicable to this variation request. The variation request is consistent with the remaining four components. Promoting and protecting the general health, safety and welfare. The variation request will not injure the public health, safety and general PZC Memorandum — Case # 12 -12 423 Holmes Street Variation Planning & Economic Development Department Form 210 welfare. The driveway will be properly permitted and the access to /from the site is unchanged by the variation request. Additionally, even with the asphalt driveway, the subject site's lot coverage will remain under the R -4A zoning district's maximum. • Ensuring adequate natural light, air, privacy, and access to property. The variation will have no impact on light, air, or privacy. • Protecting the character of established residential neighborhoods. The subject site is in an established residential area. It is located within the R -4A zoning district, which encompasses the majority of the older and historic homes in the village. The lots in the R -4A district are typically narrow and deep. The subject site is generally consistent with this pattern, but is trapezoidal rather than rectangular and it is a larger lot in the R -4A district. The variation would have limited impact on the character of the neighborhood. Many homes in the area have asphalt driveways that, like the proposed drive, begin at the front property line and widen as they approach a garage in the rear of the lot. Additionally, the proposed driveway will occupy the same area as the previously existing driveway. • Conserving the value of land and buildings throughout the Village. Any impact on nearby land or building values would be minimal since the proposed driveway will occupy the same area as the previously existing driveway. 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 due to the special and unique conditions that are not generally found on other properties in the same zoning district; Analysis. The site, as noted, sits on a steep hill. The elevation of the area drops nine feet within 65 feet. As shown in the attached photos and site plan, the site includes several retaining walls. One of the retaining walls runs along the north property line of the subject site. The distance between the retaining wall and the newly constructed asphalt driveway is seven feet near the garage and tapers down from that point, as illustrated on the attached plat of survey. Compliance with the 22' maximum driveway width leaves the applicant with a small triangular space between the driveway and retaining wall along the north property line. Toward the west side of the site, this area is practically unusable. At the widest point, toward the east side of the site, the area is wide enough to accommodate landscaping. However, this area is also immediately adjacent to an access door into the existing garage. The UDO states that in making a determination whether there are unique circumstances, practical difficulties, or particular hardships in a variation petition, the Planning and Zoning Commission shall take into consideration the factors listed in UDO §17.04.150.D.2. One of these factors is whether the alleged difficulty or PZC Memorandum — Case tt 11 -11423 Holmes Street Variation 3 Planning & Economic Development Department Form 210 hardship has been created by any person presently having an interest in the property. The applicant purchased the property in December 1995. Lemont Building Department permit files show that the applicant pulled a permit to re -roof an existing garage in September 1996. Therefore, it appears that the current garage, and most likely the gravel driveway, were constructed by a previous homeowner. The applicant asserts that the garage and drive were present upon his purchase of the home. Staff finds that there are unique conditions on the site (i.e. the topography with existing retaining walls in combination with the configuration of the existing garage and driveway) which result in a practical difficulty for the applicant, and the applicant had no role in creating the factors that contribute to this practical difficulty. 3. The variation will not alter the essential character of the locality and will not be a substantial detriment to adjacent property. Analysis. See the analysis contained within section one of the variation standards, regarding the UDO's purposes of protecting the character of established residential neighborhoods and conserving the value of land and buildings throughout the Village. Engineering Comments. The Village Engineer stated he has no objections to the variation application. RECOMMENDATIONS Staff recommends approval of the variation request. FA IIFT.Wad,1421f: 1. Applicant Submissions 2. Site Photos PZC Memorandum - Case # 12 -12 423 Holmes Street Variation Planning & Economic Development Department Form 210 /✓//1 d 4 a w 11,2.? 1- 49tjolr s SV Variation Criteria Worksheet Unified Development Ordinance (UDO) Section 17.04.150.D.1 establishes the criteria that all applications for variations must meet. In addition, Section 17.04.150.D.2 of the Unified Development Ordinance requires that the Planning & Zoning Commission or Zoning Hearing Officer take the following conditions into consideration when determining whether a request qualifies for a variation. You may want to consider the following in your variation request: • The particular physical surroundings, shape, or topographical condition of the specific property involved results in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations of the Unified Development Ordinance were fulfilled; • The conditions upon which the petition for variation is based would not be applicable, generally, to other property within the same zoning classification; • The alleged difficulty or hardship has not been created by any person presently having an interest in the property, • 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 subject property is located; and • The variation will not impair an adequate supply of light and air to adjacent properties, 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. Please describe below how your variation request meets the criteria of UDO Section 17.04.150.D.1. Attach additional sheets if necessary. UDO Section 17.04.1SD.D.l.a The variation is in harmony with the general purpose and intent of the Unified Development Ordinance; 4746 ✓mg;e.*inA .t�v�esrad ./. it / /ow �► r.wrca /Oorbi.on. of a de,uc ,,r a-o rye,fArA ?Z rcet ru w anu rs iN H0to -E&4 nVeaasi 01.v4 sNrsa► ol• 4UW, f1kisri,ea Qcvc /nn n uvi OR.�r,uwruc Planning & Economic Development Department Variation Packet — Variation Criteria Worksheet Updated IS -16-09 Page 1 of 2 /r•MP / //Y�- /rte ..v nrAS yr. UDO Section 17.04.1SO.D.1.b 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 due to the special and unusual conditions that are not generally found on other properties in the same zoning district; and %HR LIM0. e,&rVMS4ANLL< SNP /L of Lr�e�N✓A daiaeivwy ww�✓ �[j.L If .t{R ,,MMI�I *W,h*4,V tHL Ne L 4 r R iI.1C yAL •h/ d1 SARM R.vFnR[ ss�tiVi F U llevel a ,v4 ®Re ,vA,vee1 wPvZd Resvlf iy02dALf a fJ Jiir'e HIKb-M1,04M sye'dia -[- 00466Hius MAM vol spot a�owlAitio s •hVAf ArtK ,yel ,ve•L,'.�ly ,AVNA YM1C iAML -zM&y fg A,j4A�¢,'. UDO Section 17.04.150.D.1.c The variation will not alter the essential character of the locality and will not be a substantial detriment to adjacent property. 9!/t uwsrwf ov WI11 Aoai AI&I- 41f of 04A!E /1N,L /L C1!'AdMLdsA. LoeA[ih$ rNA Will AAN ,B,f A SuRbfAw%�,tL A410o ^4 -AP AIII- y1IA1r Planning & Economic Development Department Variation Pocket — Variation Criteria Worksheet Updated 11 -16 -09 Page 2 of 2 Village of Lemont Planning & Economic Development Department 418 Main Street Lemont, Illinois 60439 Variation Application Form phone (630) 257 -1595 fox (630) 257 -1598 APPLICA�"" Nl� I NFORMA��TIppN &Ile,< Applicant Name Company /Organization y2Z 16L L-eVKou} IL- 620N'S°( Applicant Address lD3 0 • zz o • goo Telephone & Fax _ E-mail •_ - _ ,�� 1a� ^ �,• �O CHECK ONE O HE FOLLOWING: .�� Applicant is the owner of the subject property and is the signer of this application. Applicant is the contract purchaser of the subject property. Applicant is acting on behalf of the beneficiary of a trust. Applicant is acting on behalf of the owner. PROPERTY INFORMATON c4ZZ 14oLfMiis S% . Parcel Identification Number of Sublets Property /Properties Size of Subject DESCRIPTION OF REQUEST eyrrAl/s ASPNACT -ro Cv7 15. ev,,,ff �/L.t.�.EL ,Ortt�c wMy .fU 6Yr5 TrNt.S rQtTrt N[w9 Brief description of the proposed variation REQUIRED DOCUMENTS See Form 500 -A, Variation Application Checklist of Required Materials, for items that must accompany this application. Planning & Economic Development Department Variation Packet- Variation Application Form Form Soo, updated a -zb -o9 Page i of 2 Variation Application Form Village of Lemont APPLICATION FEE & ESCROW Application Fee = $250 (per zoning lot) Fee is non - refundable. A zoning lot is defined as "a single tract of land located within a single block that (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed, or built upon, under single ownership or control" (Unified Development Ordinance Chapter 17.02). Required Escrow = $500 At the time of application, the applicant shall submit a check for the establishment of an escrow account. The escrow money shall be used to defray costs of public notice, consultants, or other direct costs incurred by the Village in association with the variation application. Additionally, should the applicant fail to remove the required public notice sign in a timely manner, the escrow account may be used to defray the costs of the sign's removal. After completion of the variation review process, any unused portion of the escrow account will be refunded upon request. AFFIRMATION I hereby affI that I have full legal capacity to authorize the filing of this application and that all information and exhibits herewith submitted are true and correct to the best of my knowledge. I permit Village representatives to make all reasonable inspections and investigations of the subject property during the period of processing of this application. I understand that as part of this application I am required to establish an escrow account to pay for direct costs associated with the approval of this application, such as the fulfillment of public notice requirements, removal of the public notice sign, taking of minutes at the public hearing and fees for consultants hired by the Village to evaluate this application. I understand that the submitted fee is non - refundable and that any escrow amount leftover upon project completion will be refunded upon request. I understand that I am responsible for the posting of a public hearing sign and for the mailing of legal notice to all surrounding property owners as required by Village ordinances and state law. 27 Signature of Applicant Date =GG /.vo /S WOK State County I, the unrsgned, a. Notary Public in and for the aforesaid County and State, do hereby certify that tf ti � Of f\ is personally known to me to be the same person whose name is subscribed to the foregoing instrument, and that said person signed, sealed and delivered the above petiti o%a a free and voluntary act for the uses and purposes set forth. "Ir & Notary Signat ire Given under my hand and notary seal this A dayof 0514 � ' L A.D. 201 My commission expires this ilk day of I frC 1 A.D. 20 1& __. _ ssa�ausssr,�wsss "OFFICIAL SEAL" i " BOSSERDET Notary Public, Stale of Illinois My Commission Expires 03101116 4'N+9346s44+s4ci!44a Planning & Sconomic Development Departmenr Variation Packet - Variation Application Form Form Soo, updated v -z6-og Page 2 oft LEGEND 'P) RECORD (NR) = NORTHWESTERLY N) MEASURED (NE) NMTHEASTEPLY D) ' DEED (SN) ' SOUTHWESTERLY C) • CALwXO (SE) • SMTIB'ASTERLY L) • ARC LENGTH SAPD)= RADIUS MI= CKOD TAI = A9suND F.I.P.) • FOU10 ARM PIPE (R.O.R.) - RIGHT OF NAY F. LA.) • FWND IPM AM - - - CHAIN LINK FENCE - AN AN . WINE FENDS WOOD FENCE • SPLIT RAIL PENCE RROtXNO IPM FENCE P.U. N D.E. • PUBLIC UTILITY S DRAINAGE EASENENT R.6.� • PV ILRING SETBACK LINE MRS N SURVEYING SERVICES, IM E 12211ASEVFEW (7T. ROROOVIL I IILDN015 60,146 PE :(630) 2269200 FAY: (00) 226-9224 SCALE:I' =20' p� BASIS OF BHDIM: �P N1•NP EAST LINE OF HOLIES STREET AS NONONENTED AND OCCUPIED PER RECORDED SUBDIVISION PLAT. N22-42' -6 (A) LOT Ii(AMCEFIAS OF LAND 25 FELT D'mE MID- 4FEET M ILPIG LYLNG C`--Y SOOT= 04F.Y OP lHj.R01R�AS1F3LYIIFT14M LL1NI AND CONIYECTDNG p rIll SAW T1PIG TFCC SAID STNS OF I.AIYD COAPBLSD)G T� Nolllff _4T®LY FAR OF LOF Il OF BfANTDIS ADDEDON TO LFMOIYT BRING A SOBDTVISION OF TOTS II AND 12 LEYLT°JIDNG THE NORT@>•LY 100 FELT OF T FAR OF IOT 11 LYTNG OF ®Bf3I S NORTONS ADDITION TO IlINONT) M TICE CO I, (].PdIS DTYLSION OF LOT 16 OF UNSONDIVIDID LANDS MSECTION 30. TOYFNSHV 31 NORTTA RANG!11 FAST OF TIC T®LD FRINCIPAL AdRmIAN. IN COOS COOIYIY. DIANOM 1' UREA OF SURVEY: 'CONTAINING 10.839 50. FT, _Q,25_ ACRES LONE OR LEM' A- n OF ILLINOIS u Of WILL Fi . --) 1, THE UNDERSIGNED, AN ILLINOIS PROFESSIONAL LAND SURVEYOR, 00 HERESY CERTIFY THAT 'TUB FROFESSIONL SER .ONFORIIS TO THE CURRENT ILLINOIS MONTANA1 ST)UN)ANDS FOR A IHURDAR INAM" AND TINT THE PLAT NETESS SMARM CORRECT REPRESENTATION OF SAID SURVEY. DATED, IRIS 8TH NY a MAY A.D., 2007, AT ROIEOVILLE, ILLINOIS. g,� CLIENT MADDEN ILLINOIS MOFESRONAL LAUD SURVEYOR No. ms- 3452 JOB W. 90884 -07 LICENSE EIPIRATION DATE NOVEMBER SO, IWO j -7-D7 LLLIKOl$ BJSINESS REGISTRATION NO. 164 -9961 FIELDWORK GATE. A gyp. u�STa ILLINOIS PROFESSIONAL LAND 1 SURVEYOR 90 3X82 OhLLE WU Subject Site — looking east toward existing garage. Subject Site — looking west toward Holmes Street.