O-42-08 08-25-2008VILLAGE OF LEMONY
ORDINANCE NO. D ~ ya -(~~
AN ORDINANCE GRANTING A VARIATION OF THE MINIMUM REQUIRED
SETBACK FOR A FENCE IN A CORNER SIDE YARD FROM TWENTY-FIVE FEET
(25') TO NINETEEN FEET (19')
(1353 CASTLEWOOD DRIVE)
Adopted by the President
and Board of Trustees
of the Village of Lemont
This 25th Day of August, 2008.
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 25th day of
August, 2008.
ORDINANCE NO. ~ ~ pg
AN ORDINANCE GRANTING A VARIATION OF THE MINIMUM REQUIRED
SETBACK FOR A FENCE IN A CORNER SIDE YARD FROM TWENTY-FIVE FEET
(25') TO NINETEEN FEET (19')
(1353 CASTLEWOOD DRIVE)
WHEREAS, Sean Treanor, hereinafter referred to as "the Petitioner," is the owner of 1353
Castlewood Drive in Lemont, hereinafter referred to as "the subject property," and legally
described in Exhibit "A"; and
WHEREAS, the applicant is seeking a variation to the Unified Development Ordinance,
§ 17.07.010 and 17.12.030.A, to allow a variation from the minimum required setback for a fence
in a corner side yard; and
WHEREAS, the Planning and Zoning Commission of the Village of Lemont, Illinois
conducted a Public Hearing on June 17, 2008 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 and 17.12.030.A, to allow a fence to be placed in the corner side yard
setback at 1353 Castlewood, 19 feet from the corner side lot line.
SECTION 2: Conditions of Approval. 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 an application for a fence permit pursuant to such
variation is made and construction commenced within one year of the date this said
Ordinance becomes effective.
The applicant must supply the Village with documentation from the Metropolitan
Water Reclamation District (MWRD) that it does not oppose placing a fence within
its easement on the subject property.
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 25t" DAY OF AUGUST, 2008.
AYES NAYS ABSENT ABSTAIN
Debby Blatzer ,v
Peter Coules
~
Clifford Miklos
Brian Reaves
Ron Stapleton
Jeanette Virgilio
Approved by me this 25t" day of August, 2008.
Attest:
RLENE SMOLLEN, Village Clerk
"EXHIBIT A"
LOT 8 IN CASTLEWOOD ESTATES SUBDIVISION, BEING A SUBDIVISION OF
PART OF SECTIONS 27 AND 28, TOWNSHIP 37 NORTH, RANGE 11, EAST OF
THE THIRD PRINICIPAL MERIDIAN, IN COOK COUNTY, IL
"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 not harm the established character of
the neighborhood or have a negative effect on land or building values.
2. The plight of the owner is unique because of the unique characteristics of the block
on which the property is located and because an existing service walk is located on
the 25 foot corner side yard setback line.
3. The requested variation will not alter the essential character of the locality because
the variation granted is the minimum necessary to accommodate the unique
circumstances of the subject property.
Village of Lemont
Community Development Department
418 Main Street • Lemont, Illinois 60439
phone 630-257-1595 • fax 630-257-1598
TO: Mayor John F. Piazza
Village Board of Trustees
FROM: James A. Brown, Community Development Director
THRU
SUBJECT: .Extension of Special Use Approval -Briarcliffe Office PUD
DATE: 18 August 2008
BACKGROUND
# 176-08
On Sept 10, 2007 the Village Board approved 0-72-07, which granted a special use/PUD
for Briarcliffe office condominiums. This approval had an expiration date. of one year
unless a complete building application was not received by the Village. Due to the poor
commercial market, Briarcliffe wishes to extend the approval. (See attached request.)
An ordinance amending the pertinent section of 0-72-07 is attached; it gives the
developer an additional two years to submit the complete building permit.
RECOMMENDATION
Such extensions of expiring ordinances were discussed at the January Committee of the
Whole, and the Board has previously honored all such requests. I therefore recommend
approval of the amending ordinance.
This item can be placed on the consent agenda.
Attachments:
1. Ordinance Amending 0-72-07
2. John Barry letter, July 30, 2008
3. 0-72-07