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O-38-09 04-20-2009VILLAGE OF LE ONT ORDINANCE NO. (~ .3~ ©°) AN ORDINANCE GRANTING A VARIATION OF THE MINIMUM REQUIRED SIDE YARD SETBACK FOR FROM TWENTY-FIVE FEET (25') TO TWELVE FEET (12') FOR PROPERTY AT 15645 W. 127TH STREET (FIRESTONE) Adopted by the President and Board of Trustees of the Village of Lemont This 20th Day of April, 2009. 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 20th day of April, 2009. ORDINANCE NO. ~.~•~`7 AN ORDINANCE GRANTING A VARIATION OF THE MINIMUM REQUIRED SIDE YARD SETBACK FOR FROM TWENTY-FIVE FEET (25') TO TWELVE FEET (12') FOR PROPERTY AT 15645 W. 127TH STREET (FIRESTONE) WHEREAS, Amcon Design and Construction Company, LLC, hereinafter referred to as "the Petitioner," is an agent acting on behalf of the owner of 15645 W. 127th 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, § 17.07.010, to allow 12-ft side yard setback for a building in the B-3 zoning district; and WHEREAS, the Planning and Zoning Commission of the Village of Lemont, Illinois conducted a Public Hearing on March 18, 2009 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 Southtown Star, 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 LEMONY, COUNTIES OF COOK, DUPAGE, AND WILL, ILLINOIS: SECTION 1: Variation. A variation is granted from the Unified Development Ordinance, § 17.07.010, to allow a building to be placed 12 feet from the east side lot line. SECTION 2: Conditions of Annroval. The above variation shall be approved subject to the following conditions: 1. That all the requirements of the Lemont Zoning Ordinance and Lemont Building Codes shall be applicable except as varied as set forth in Section One above; and 2. That the variation granted by this ordinance shall be null and void and of no force and effect whatsoever unless a complete application for a site development permit pursuant to such variation is made within one year of the date this said Ordinance becomes effective. 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 LEMONY, COUNTIES OF COOK, DUPAGE AND WILL, ILLINOIS, ON THIS 20th DAY OF APRIL, 2009. AYES Debby Blatzer ~ Peter Coules (/' Clifford Miklos (~' Brian Reaves ~ Ron Stapleton ~/ Jeanette Virgilio Attest: NAYS ABSENT ABSTAIN Approved by me this 20th day of April, 2009. CHARI,ENE SMOLLEN, Village Clerk EXHIBIT A LOT 3 IN LEMONY HIGHLANDS SUBDIVISION, BEING A SUBDIVISION OF THE SOUTH 372.5 FEET OF THE EAST '/Z OF THE SOUTHWEST %a OF SECTION 29, TOWNSHIP 37 NORHT, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 16, 1949 AS DOCUMENT NUMBER 14513964, IN COOK COUNTY, ILLINOIS. EXHIBIT B FINDINGS OF FACT: 1. The requested variation is in harmony with the general intent and purpose of the Unified Development Ordinance in that it will help maintain an economically vibrant commercial area near the intersection of 127th and State Streets. 2. The requested variation will accommodate growth consistent with the Comprehensive Plan and Unified Development Ordinance land use recommendations for the subject site. 3. Strict enforcement of the standards of the Unified Development Ordinance will result in practical difficulties for the development of the site, due to the narrowness of the parcel.