R-04-11 Resolution of Objection 1361 State StreetVILLAGE OF LEMONT
RESOLUTION NO. R_ y - I
RESOLUTION OF OBJECTION FOR THE RECORD OF THE COOK COUNTY ZONING
BOARD OF APPEALS REGARDING A REQUEST FOR A SPECIAL USE FOR A UNIQUE USE
TO ALLOW AN ETHNIC DELICATESSEN AT 1361 STATE STREET, LEMONT
ADOPTED BY THE
PRESIDENT AND THE BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 24TH DAY OF JANUARY, 2011
Published in pamphlet form by
Authority of the President and
Board of Trustees of the Village of
Lemont, Cook, Will, and DuPage Counties,
Illinois, on this 24th day of January, 2011
RESOLUTION NO.
RESOLUTION OF OBJECTION FOR THE RECORD TO THE COOK COUNTY ZONING
BOARD OF APPEALS REGARDING A REQUEST FOR A SPECIAL USE FOR A UNIQUE USE
TO ALLOW AN ETHNIC DELICATESSEN AT 1361 STATE STREET, LEMONT
WHEREAS, the Village of Lemont is a zoned municipality adjacent to the property that is
located at 1361 State Street, Lemont, and the subject of the request for a special use as a unique use for an
ethnic delicatessen before the Cook County Zoning Board of Appeals, and
WHEREAS, the entire boundary of the subject property is within 1 -1/2 miles of the corporate
limits of the Village of Lemont; and
WHEREAS, both the elected officials and staff of the Village of Lemont have considered the
application for the special use; and
WHEREAS, the Village of Lemont has reviewed the standards upon which the Zoning Board of
Appeals is required to base its findings for a recommendation for a special use as a unique use; and
WHEREAS, the Cook County zoning regulations contain standards and criteria for a unique use:
9.8.A Purpose. Applications for a unique use of property may be granted in accordance with
this section for a use which is not expressly enumerated as a permitted, special, temporary or
accessory use or not provided for, considered or contemplated at the adoption of this ordinance.
• The Cook County Zoning regulations contain at least two commercial districts where
delicatessens are expressly enumerated as a permitted use: the C -1 Restricted Business
District and the C -4 General Commercial District (Article 5)
9.8.8.2 Proof of a special and extraordinary need for the unique use including proof of unique
characteristics of the subject property, proposed use and surrounding neighborhood.
• There is neither a special nor extraordinary need for an ethnic delicatessen —three are
already four ethnic delicatessens located within the Village of Lemont as well as other
delicatessens not generally considered ethnic in nature.
• There is nothing unique about the subject property —it is rectangular in shape, flat, and
occupied by a small frame building formerly occupied by a church
• There is nothing unique about the surrounding neighborhood— adjacent land uses are
wooded, vacant lots and single - family homes. Commercial uses are located approximately
one - quarter mile to the north and south of the subject property
9.8.8.3 Proof that the unique use will be an affirmative benefit to the surrounding properties
and neighborhood from a land use and economic standpoint.
• The Village of Lemont has historically been greatly concerned about community character
and the appearance of commercial properties within and adjacent to the municipality. For
example, the Village of Lemont's Unified Development Ordinance contains specific
standards for landscaping of commercial properties (e.g., along the street front, around the
building, along property lines abutting residential zoning). Moreover, said Unified
Development Ordinance also contains commercial design standards for all commercial
properties in the Village (e.g., exterior materials, pedestrian features, entrances). The
Village also has specific standards for signage and stormwater management. The properties
that are adjacent to and near the subject property benefit from the Village's highs standards
for landscaping, appearance, signage, and oversight of stormwater management. The
granting of a unique use will allow the intrusion of a commercial use that does not meet
these standards and thus would not be an affirmative benefit to the surrounding properties
and neighborhood.
NOW THEREFORE BE IT RESOLVED by the Village President and the Board of Trustees of
the Village of Lemont that the Village of Lemont objects to the request for a Special Use for a Unique
Use under the terms of the Zoning Ordinance of Cook County and that the unique use will violate the
Cook County zoning provisions for a unique use.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DuPAGE, ILLINOIS, on this
24th day of January, 2011.
Debby Blatzer
Paul Chialdikas
Clifford Miklos
Ron Stapleton
Rick Sniegowski
Jeanette Virgilio
AYES NAYS ABSENT ABSTAIN
V
V
Approved by me this 24th day of January, 2011
BRIAN K. REAVES, Village President
CHARLENE M. SMOLLEN, Village Clerk