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O-12-08 03-10-2008VILLAGE OF LEMONY ORDINANCE NO. ~° /~ °C~~ A.'~t ORDINANCE AMENDING THE ZONING MAP FROM R-1 SINGLE FAMILY DETACHED ZONING DISTRICT AND R-4 SINGLE FAMILY DETACHED ZONING DISTRICT TO INT INSTITUTIONAL ZONING DISTRICT AND GRANTING A VARIATION FROM THE BUILDING HEIGHT MAXIMUM FOR PROPERTY OF APPROXIMATELY 45.24 ACRES GENERALLY LOCATED AT 16028 W. 127Tx STREET (LEMONY PARK DISTRICT) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONY THIS 10th DAY OF MARCH, 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 10th day of March, 2008. ORDINANCE NO. ©s ~ ~=(~~ AN ORDINANCE AMENDING THE ZONING MAP FRONT R-1 SINGLE FAMILY DETACHED ZONING DISTRICT AND R-4 SINGLE FAMILY DETACHED ZONING DISTRICT TO INT INSTITUTIONAL ZONING DISTRICT AND GRANTING A VARIATION FROM THE BUILDING HEIGHT MAXIlY1UM FOR PROPERTY OF APPROXIMATELY 45.24 ACRES GENERALLY LOCATED AT 16028 W. 127Tx STREET WHEREAS, the Lemont Park District, hereinafter referred to as the "Petitioner", is the owner of approximately 45.24 acres, hereinafter referred to as the "subject property", with Property Index Numbers (P.I.N.) 22-31-201-007, 22-31-201-008, 22-31-201-010 and 22-32-111- 004 , in Lemont, Illinois; said parcels are legally described in "Exhibit A" attached to this Ordinance; and WHEREAS, the Petitioner made application under the provisions of the Lemont Zoning Ordinance to rezone the subject property to Lemont INT Zoning (Institutional) from Lemont R-1 Zoning (Single Family Residence District) and Lemont R-4 Zoning (Single Family Residence District), pursuant under §XVIII.K; and, WHEREAS, pursuant to §XVIII.I of the Lemont Zoning Ordinance, the Petitioner is seeking a variation to §VIII-l.D.l to allow a building height of thirty-six feet, four inches, instead of the maximum of thirty-five feet as allowed under §VIII-1.D.1 of said ordinance; and, WHEREAS, the Planning and Zoning Commission of the Village of Lemont, Illinois, in accordance with said Zoning Ordinance, conducted a Public Hearing on the petition on February 19, 2008; and, WHEREAS, the Planning and Zoning Commission made findings of fact on the height variation at said public hearing that: 1. The variation is in harmony with the general purpose and intent of the Zoning Ordinance because the Petitioner will use the land in a permitted way and in such a fashion that a casual observer will not notice the height variation on the building's roof; and, 2. The plight of the owner is due to unique circumstances because the proposal involves expansion of an existing building with activities that involve minimum height requirements (i.e. gymnastics, and a swimming pool); and, 3. The variation will not alter the essential character of the locality and will not be a substantial determent to adjacent property because the height variation blends in with other buildings on the site and creates a use desired by residents; and, WHEREAS, the Planning and Zoning Commission voted 6-0 with 1 absent to recommend said rezoning and height variation; and, WHEREAS, the Petitioner has submitted Site Plans for an aquatic center, dated 1/28/08, prepared by Gilfillan, Callahan and Nelson, Architects, attached hereto as "Exhibit B", and a Topographical Survey dated 1/31/06, prepared by V-3 Engineers, attached hereto as Exhibit "C"; and, WHEREAS, a notice of the aforesaid Public Hearing was made in the manner provided by law and was published in the Daily Southtown, a newspaper of general circulation within the Village; and, WHEREAS, the President and Board of Trustees of the Village of Lemont have determined the rezoning and height variation to be in the best interest of the Village of Lemont. 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 Zoning Map Amendment. The aforementioned subject property is hereby rezoned from its present Village of Lemont R-1 and Village of Lemont R-4 (PIN 22-32-111-004 only) Residence Districts to Village of Lemont INT Institutional District. The zoning map of the Village of Lemont is hereby amended in accordance with the provisions of this Ordinance. Section 2 Variation. A height variation is granted to the Petitioner from the Lemont Zoning Ordinance §VIII-l.D.l to allow an aquatic center to be constructed which increases the maximum building height to thirty-six (36) feet, four (4) inches in accordance with Exhibit "B", detail A-3.00. Section 3 Effect. This ordinance shall be in fiill force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONY, COUNTIES OF COOK, WILL, AND DUPAGE, ILLINOIS, on this 10th day of March, 2008. AYES NAYS ABSENT ABSTAIN DEBBY BLATZER / ~ PETER COULES CLIFFORD MIKLOS BRIAN REAVES ~' RON STAPLETON JEANETTE VIRGILIO Attest: CHARLENE NI. SMOLLEN, Village Clerk V Approved by me this 10th day of March, 2008 Exhibit "A" Legal Description PARCEL 1: THE NORTH 35 ACRES OF THE EAST ONE HALF (1/2) OF THE EAST ONE HALF (1/2) OF THE NORTHEAST ONE QUARTER (1/4) OF SECTION 31, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS. PARCEL 2: THAT PART OF LOT 72 OF EAGLE CREST ESTATES, UNIT 1 BEING A SUBDIVISION OF THE FOLLOWING DESCRIBED REAL ESTATE: THE WEST'/z OF LOT 19 IN COUNTY CLERK'S DIVISION OF SECTION 32 (ALSO KNOWN AS THE WEST'/2 OF THE NORTH 55 ACRES OF THE WEST 11/z OF THE NORTHWEST QUARTER IN SECTION 32) ALSO LOT 21 IN COUNTY CLERK'S DIVISION IN SECTION 32 (ALSO KNOWN AS THE WEST'/z OF THE SOUTH 25 ACRES OF THE WEST'/z OF THE NORTHWEST QUARTER IN SECTION 32, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS), (EXCEPT THE NORTH 750 FEET OF THE EAST 30 FEET THEREOF), ALL IN LEMONY TOWNSHIP, COOK COUNTY, ILLINOIS; RECORDED AS PLAT DOCUMENT #R90-233105 ON MAY 18, 1990 (LYING NORTH OF LOT 80 OF EAGLE CREST ESTATES UNIT 2. PLAT RECORDED AS DOCUMENT R90-474075 ON SEPTEMBER 28, 1990. PARCEL 3: THAT PART OF THE NORTH 35 ACRES OF THE. WEST HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID 35 ACRES, 366.5 FEET EAST OF THE WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 31; THENCE NORTH 0°03'30" EAST, ALONG A LINE PARALLEL TO THE EAST LINE OF SAID NORTH 35 ACRES, 260.73 FEET; THENCE NORTH 89°57' 19" WEST, ALONG A LINE PARALLEL TO THE EAST LINE OF SAID NORTH 35 ACRES, 115.70 FEET; THENCE NORTH 0°03'30" EAST, ALONG A LINE PARALLEL TO THE EAST LINE OF SAID NORTH 35 ACRES, 873.87 FEET, THENCE SOUTH 89°57' 19" EAST, ALONG A LINE PARALLEL TO THE SOUTH LINE OF SAID NORTH 35 ACRES, 410.51 FEET TO THE POINT OF INTERSECTION OF THE EAST LINE OF SAID NORTH 35 ACRES WITH A LINE DRAWN 25 FEET SOUTH OF THE PARALLEL TO THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE EAST LINE OF SAID NORTH 35 ACRES, 1141 FEET SOUTH OF THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 31, AND RUNNING THENCE NORTHWESTERLY TO A POINT ON THE EAST LINE OF THE WEST 1 ROD OF SAID NORTH 35 ACRES, 984 FEET SOUTH OF THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 31; THENCE SOUTH 0°30'30" WEST ALONG THE EAST LINE OF SAID NORTH 35 ACRES, 1134.60 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTH 35 ACRES THENCE NORTH 89°57' 19" WEST ALONG SAID SOUTH INE, 294.81 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS AND CONTAINING 10.00 ACRES THEREIN.