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O-09-12 Ord Granting Variation to Allow R4A Driveway at 307 Freehauf St.VILLAGE OF LEMONT ORDINANCE AN ORDINANCE GRANTING A VARIATION TO ALLOW A STREET- ACCESS DRIVEWAY IN THE R -4A ZONING DISTRICT FOR PROPERTY AT 307 FREEHAUF STREET IN LEMONT, IL (307 Freehauf Street Driveway Variation) Adopted by the President and Board of Trustees of the Village of Lemont This 27th Day of February, 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 February, 2012. ORDINANCE NO.0 _ AN ORDINANCE GRANTING A VARIATION TO ALLOW A STREET- ACCESS DRIVEWAY IN THE R -4A ZONING DISTRICT FOR PROPERTY AT 307 FREEHAUF STREET IN LEMONT, IL (307 Freehauf Street Driveway Variation) WHEREAS, Wayne Lucht, hereinafter referred to as "the Petitioner," is the owner of 307 Freehauf Street in Lemont (PINs 22 -29- 227 - 028 -0000 and - 029 - 0000), 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, § 17.06.030, to allow a shed to be placed in a corner side yard; and WHEREAS, the Planning and Zoning Commission of the Village of Lemont, Illinois conducted a Public Hearing on January 18, 2012 and voted 7 -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 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, §17.07.020.F.2, to allow a driveway to be constructed in the R -4A zoning district that is accessed from the street, when an alley is available to provide access. SECTION 2: Conditions. The homeowner must replace the curb cut from the subject property's original driveway with new curb meeting all applicable Village standards. 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 27th DAY OF FEBRUARY, 2012. Debby Blatzer Paul Chialdikas Clifford Miklos Ron Stapleton Rick Sniegowski Jeanette Virgilio Attest: AYES NAYS ABSENT ABSTAIN V 1 v 7 V Approv)/ <y me this 27th ebruary, 2012 K. REAV " , Village President CHARLENE M. SMOLLEN, Village Clerk EXHIBIT A Legal Description |1)TSi5 AND \6B£lN(3/\ SUBDIVISION (}F LUIS 2%T(}5lDN THE SUBDIVISION (}F LOT 9(EXCBq`IBB WEST 493.4F6E,7)IN COUNTY CLERKS DIVISION, BOOK 6U, P&OE33 'RECORDED JANUARY 23,l893A.S DOCUMENT NO. \09O994 EXHIBIT B FINDINGS OF FACT: 1. The requested variation will have no impact to the Village as a whole and the impact to the adjacent properties will be negligible, since the property already had a curb cut and driveway with access from Freehauf Street. 2. The variation request will not injure the public health, safety and general welfare because the new driveway will be required to be constructed in accordance with all current Village standards. 3. The plight of the owner is due to unique circumstances because the previous home on the lot had a driveway with access from Freehauf Street and the new home's garage doors do not line up with the existing curb cut.