O-09-11 Ord Fence Variation 13154 KinsaleVILLAGE OF LEMONT
ORDINANCE NO -9-7/
AN ORDINANCE GRANTING A VARIATION TO ALLOW A FENCE TO BE PLACED
IN A REQUIRED CORNER SIDE YARD SETBACK AT 13154 KINSALE COURT, IN
LEMONT, IL
(13154 Kinsale Court)
Adopted by the President
and Board of Trustees
of the Village of Lemont
This 10h Day of January, 2011.
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 10th day of
January, 2011.
ORDINANCE NO. -9 " ri
AN ORDINANCE GRANTING A VARIATION TO ALLOW A FENCE TO BE PLACED
IN A REQUIRED CORNER SIDE YARD SETBACK AT 13154 KINSALE COURT, IN
LEMONT, IL
(13154 Kinsale Court)
WHEREAS, Sonny Mondia, hereinafter referred to as "the Petitioner," is the owner of
property at 13154 Kinsale Court (PIN 22 -35- 203 -001), hereinafter referred to as "the subject
property," and depicted in Exhibit "A "; and
WHEREAS, the Petitioner is seeking a variation to the Unified Development Ordinance,
§17.12.030.A, to allow the placement of a fence within a required corner side yard setback; and
WHEREAS, the Planning and Zoning Commission of the Village of Lemont, Illinois
conducted a Public Hearing on November 17, 2010 for approval of the 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 has reviewed the matter
herein and has determined that the same is in the best interest of the Village of Lemont, and herein
adopts 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: Variation. A variation is granted from the Unified Development
Ordinance, §17.12.030.A, to allow the placement of a fence within the required corner side yard
setback for the subject property.
SECTION 2: Conditions. The variation approval shall be contingent upon the following
conditions:
1. The fence shall be placed at least four feet from the west lot line, as depicted in
Exhibit A.
2. The fence shall be placed at least seven feet south of the southern edge of the
driveway, as depicted in 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 10th DAY OF JANUARY, 2011.
AYES NAYS ABSENT ABSTAIN
Debby Blatzer
Paul Chialdikas
Clifford Miklos
Ron Stapleton
Rick Sniegowski
Jeanette Virgilio
Approved by me this 10th day of January, 2011
BRIAN K. REAVES, Village President
Attest:
CHARLENE M. SMOLLEN, Village Clerk
EXHIBIT A
SPOT SURVEY
LOT 101, IN THE GLENS OF CONNEMARA, BEING A SUBDIVISION OF
PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION
35, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT RECORDED ON JULY 27, 2006, AS
DOCUMENT NUMBER 0620839075, IN COOK COUNTY, ILLINOIS.
WATERFORD DRIVE
VILLAGE OF LEMON7'
CS APPROVED
0 CI APPROVED NOTED
APPROVED
Sg
GRAPHIC SCALE
KINSALE COU
S89 °38'49 "E
100.00'
15' UTILITY /DRAINAGE
EASEMENT
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7'
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20 BUILDING SETBACK
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CONCRETE FOUNDATION
T)F.722.70
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24.60 h 11.60' 1 E
551 6.02'851
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LOT � BUILDING
° 101
L.
16' UTILITY f DRAINAGE EASEMENT
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STATE OF ILLINOIS )
COUNTY OF WILL )
1, ROBERT A. ROGINA ILLINOIS PROFESSIONAL LAND SURVEY
HEREBY CERTIFY THAT I HAVE SURVEYED THE PROPERTY
THE ABOVE CAPTION AND THAT THIS SPOT SURVEY IS A
REPRE NTATION THEREOF
DATE r f HIS L D OF AUGUST . 2010
ROBERT ARai `A 1.P. 2017
L11 - PRIES 11/30/2016 . ,.1 1.\e
COMPARE 068CRIPTI 3 AND POINTS 6E FORE BUILDING ANOWeWA
APPARENT OIFFERENC TO THE SURVEYOR.
REFER TO DEED OR GUARANTEE TITLE POLICY FOR BUILDING LINE
RESTRICTIONS OR EASEMENTS NOT SHOWN ON THIS SPOT SURVEY.
TO INSURE AUTHENTICITY OF ANY COPIES. THEY MUST SEAR THE
SURVEYOR'S IMPRESSED SEAL.
TH18 PROFESSIONAL SERVICE CONFORMS TO THE CURRENT ILLINOIS
MINIMUM STANDARDS FORA BOUNDARY SURVEY.
F,6. MISC210
PAGE 74
100.00'
N89 °38'49"W
141
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p 2011 ; 9 y.
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SURVEYOR i
STATE OF
ILLINOIS
10.88'
(LV FEET)
1110 20 e.
- Minimum Fence Setback
-- Fence Location
102
0 N
0
TD
10.92'
T/F = TOP OF FOUNDATION
COMMONLY KNOWN AS:
13154 KINSALE COURT
LEMONT, ILLINOIS
22.35.203.001
LOT 101, IN THE GLENS OF CONNEMARA SUBDIVISION
SCALE: WI8LDVVORKDATE`: ncvarorOaovmwrnre DRAWN SY:
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ROGINA
& ASSO CIA TES,LTO.
ENGINEERS • SURVEYORS • PLANNERS
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Pr0haaWnel Deal9n Firm License No, 164-001196. Exp.413012011
FILE
AVENUE CONTRACTORS, INC. S R851.01
Copldgb b 20101109110 6 Assakres, Lid.
EXHIBIT B
FINDINGS OF FACT:
1. Since the fence is open in design and there are no adjacent homes to the
rear of the subject site, the proposed variation will not be a substantial
detriment to adjacent property.
2. The variation will not have a negative impact on the general health, safety or
welfare because it will be placed outside the vision triangle identified in the
UDO.
3. The rear of the subject site is not adjacent to any homes and the fence will be
open in design. Compliance with the corner side yard fence setback
requirement limits the applicant's use of his property while not providing any
offsetting benefit to the rest of the community. Therefore, strict enforcement
of the UDO creates an exceptional hardship for the applicant due to the
unique circumstances related to the subject site.