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O-54-11 Ord Granting Variation to Swimming Pool at 1026 Water St.VILLAGE OF LEVONT ORDINANCE NO. 0 ✓ y— // AN ORDINANCE GRANTING A VARIATION TO ALLOW A SWIMMING POOL TO BE LOCATED IN A SIDE YARD FOR PROPERTY AT 1026 WATER STREET IN LEMONT, IL (1026 Walter Street) Adopted by the President and Board of Trustees of the Village of Lemont This 22 "d Day of August, 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 22 "d day of August, 2011. ORDINANCE NO. , 5V ll AN ORDINANCE GRANTING A VARIATION TO ALLOW A SWIMMING POOL TO BE LOCATED IN A SIDE YARD FOR PROPERTY AT 1026 WATER STREET IN LEMONT, IL (1026 Walter Street) WHEREAS, Gina DiFoggio, hereinafter referred to as the Petitioner," is the owner of 1026 Walter Street in Lemont, hereinafter referred to as "the subject property," and legally described in Exhibit "A "; and WHEREAS, the Petitioner is seeking a variation to the Unified Development Ordinance, § 17.06.02, to allow a swimming pool to be placed in a side yard; and WHEREAS, the Planning and Zoning Commission of the Village of Lemont, Illinois conducted a Public Hearing on July 20, 2011 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, § 17.06.02 to allow a swimming pool to be located in the south side yard of the subject property and from §17.06.030.H for the proposed pool to exceed 30% of the side yard area, as depicted in Exhibit "C" attached hereto and incorporated herein. SECTION 2: Conditions. Installation of the landscaping along the south and east property lines will take place prior to the installation of the pool, as long as it does not obstruct the construction of the pool. 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 22 "d DAY OF AUGUST, 2011. AYES NAYS ABSENT ABSTAIN Debby Hatzer Paul Chialdikas Clifford Miklos ✓ Ron Stapleton Rick Sniegowski Jeanette Virgilio Appro i by me this 22 "d day of August, 2011 Alkrifteoter...- N K. REAVES, illage President Attest: CHARLENE M. SMOLLEN, Village Clerk EXHIBIT A Legal Description LOT 11 IN FIREROCK FARM, A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 29, OWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 23, 1998 AS DOCUMENT NO. 98850724 IN THE VILLAGE OF LEMONT, ALL IN COOK COUNTY, ILLINOIS. PIN: 22 -29- 325 -006 EXHIBIT B FINDINGS OF FACT: 1. The variation is consistent with general purpose and intent of the Unified Development Ordinance in that it will not have a negative impact on surrounding properties, or the Village in general. 2. Strict enforcement of the UDO would pose a difficulty for the homeowner, due to the character of the lot. 3. The conditions for the planning and installation of landscaping should help mitigate the adverse effects of placing the swimming pool in the side yard. EXHIBIT C tie NEE T 72520 , , ........... .. ...