Title/Name/Summary
ORDINANCE GRANTING A VARIANCE - (10105 WEST 143rd STREET, REAR SETBACK)
Body
WHEREAS, a petition seeking a variance for certain real estate, as set forth below, has been filed with the Building Department of this Village and has been referred to the Zoning Appeals Hearing Officers of this Village and has been processed in accordance with the Orland Park Land Development Code, as amended; and
WHEREAS, the Zoning Appeals Hearing Officers of this Village held a public hearing on February 19, 2008, on whether the requested variance should be granted, at which time all persons present were afforded an opportunity to be heard; and
WHEREAS, public notice, in the form required by law, was given of said public hearing by publication not more than 30 days nor less than 15 days prior to said hearing in The SouthtownStar, a newspaper of general circulation in this Village, there being no newspaper published in this Village; and
WHEREAS, the Zoning Appeals Hearing Officers have filed with this President and Board of Trustees their report of findings and recommendation that the requested variance be granted, and this Board of Trustees has duly considered said report, findings and recommendation.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Orland Park, Cook and Will Counties, Illinois, as follows:
SECTION 1
The report, findings and recommendation of the Zoning Appeals Hearing Officers of this Village are herein incorporated by reference as the findings of this Board of Trustees, as completely as if fully recited herein at length. Also, all exhibits submitted at the public hearing are hereby incorporated by reference as fully as if attached hereto. This Board of Trustees further finds that the proposed variance is in the public good and in the best interests of the Village and its residents and is consistent with and fosters the purposes and spirit of the Land Development Code of the Village of Orland Park as set forth in Section 1-102 thereof.
SECTION 2
In addition to the findings set forth in Section 1 hereof, this Board of Trustees further finds in relation to the proposed variance as follows:
a. The Subject Property is located at 10105 West 143rd Street, Orland Park, Illinois. The Subject Property is zoned R-3 Residential under the Village's Land Development Code (the "Code").
b. The Subject Property is planned by Petitioner for a single family home to be occupied by priests at St. Michael Catholic Church, across Highland Avenue from the Subject Property.
c. The variance requested is for the rear yard setback. Because the rear yard abuts an alley, the R-3 setback requirement is 30 feet from the lot line or 60 feet from the centerline of an adjacent right-of-way, whichever is greater. Petitioner requests a 35 foot setback from the centerline of the alley.
d. The specific variance requested is a 42% variance.
e. The Zoning Appeals Hearing Officers are not authorized by the Village's Land Development Code to grant variances of over 25% to setback provisions, but only to make recommendations regarding such variances to the Village Board. In this case, the Hearing Officers have recommended that the variance be granted by the Village Board.
f. The property in question cannot yield a reasonable return if permitted to be used only under the R-3 setback requirements because of the alley is only 14 feet wide, so a 60 foot setback from the centerline would be a 53 foot setback from the rear lot line. Because a 45 foot setback is required for the front of the Subject Property, which abuts a minor arterial street (143rd Street), only a 25 foot deep house can be built without a variance.
g. The plight of the owner is due to the unique circumstance that the property abuts a narrow alley, which makes the rear yard setback 23 feet larger than it would otherwise be.
h. The variance, if granted, will not alter the essential character of the locality since the neighborhood will remain residential in nature. The garage of the home to be built on the Subject Property will be the closest part of the home to the alley. Other homes in the area have garages similarly close to the alley.
i. Two neighbors presented statements opposing the granting of the variance. They expressed concerns including the heavy traffic on 143rd Street, storm water runoff, possible loss of sunlight and air circulation from over-large buildings, and the east-west location of the proposed building on the Subject Property. The Zoning Appeals Hearing Officers stated that they were sensitive to such issues but that they felt that the rear setback at issue here was not germane to them all, and that where it was, the Village standards would still be met.
j. The denial of the requested variance would be a hardship to the Petitioner because without the variance a home on the Subject Property could be only 25 feet deep. This is because the property fronts on 143rd Street, a minor arterial street which requires an unusually deep front yard setback.
k. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood. One reason setbacks are required to prevent interference with sight lines along rights-of-way. In this case, the alley is a short one, very narrow, so traffic will be traveling slowly along it. Also, most traffic will be local residents, not the general public, since the alley serves only a few homes and is only one block long.
l. The location of the property between a minor arterial street and an alley, both of which require additional setbacks is a condition not generally applicable to other property in the Village. There are very few alleys in the Village.
m. The alley has been in existence for many years and has not resulted from any act of the applicant.
n. The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase congestion in the public streets, or increase the danger of fire or endanger the public safety or impair property values within the neighborhood.
o. The variance granted is the minimum necessary for the reasonable use of the land. With the variance, the property will be very close to meeting the” normal” R-3 rear setback requirement.
p. The aforesaid circumstances or conditions are such that the strict application of the R-3 setback provisions would deprive the Petitioner of any reasonable use of the land because if all setbacks were met, a house only 25 feet deep could be built, on a lot that measures 107 feet x 125 feet.
SECTION 3
A variance to Section 6-204 F(4)(c) of the Land Development Code of the Village of Orland Park, to permit a 35 foot rear yard setback from the centerline of the adjacent alley, rather than the 60 feet otherwise required, is hereby granted for the Subject Property legally described as:
LOTS 1, 2, 3 AND 4, ALL IN BLOCK 3 OF THE PEOPLES ORLAND PARK ADDITION, BEING A SUBDIVISION OF THAT PART NORTH AND WEST OF THE WABASH RAILROAD OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 36 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THE NORTHEAST 4 ACRES, IN COOK COUNTY, ILLINOIS.
Commonly known as 10105 West 143rd Street, Orland Park, Illinois.
SECTION 4
This Ordinance shall be in full force and effect from and after its passage and approval as required by law.
SECTION 5
The Village Clerk is hereby ordered and directed to publish this Ordinance in pamphlet form, said pamphlet to be deposited in the office of the Village Clerk for general distribution, and this Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law.