Title/Name/Summary
AN ORDINANCE GRANTING VARIATIONS (ORLAND PARK WINE AND SPIRITS, 8400 WEST 159TH STREET)
Body
WHEREAS, a petition seeking variations for certain real estate, as set forth below, has been filed with the Village Clerk of this Village and has been referred to the Plan Commission of this Village and has been processed in accordance with the Orland Park Land Development Code, as amended; and
WHEREAS, the Plan Commission of this Village held a public hearing on November 27, 2007, on whether the requested variations 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 thirty (30) days nor less than fifteen (15) days prior to said hearing in The Orland Park Star and The Daily Southtown, newspapers of general circulation in this Village, there being no newspaper published in this Village; and
WHEREAS, the Plan Commission of this Village has filed its reports of findings and recommendations that the proposed variations be granted with this President and Board of Trustees, and this Board of Trustees has duly considered said reports, findings and recommendations;
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 reports of the Plan Commission of this Village are herein incorporated by reference, as completely as if fully recited herein at length. Also, all exhibits submitted at the public hearing held by the Plan Commission are hereby incorporated by reference as fully as if attached hereto. This Board of Trustees further finds that the proposed variations are in the public good and in the best interests of the Village and its residents and are consistent with and foster 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 variations as follows:
a. The Subject Property is an approximately 0.63 acre parcel located at the northeast corner of 84th Avenue and 159th Street in the Village of Orland Park, Illinois. The site is zoned BIZ General Business District under the Land Development Code of the Village. The request is for variations from the requirements of the Land Development Code of the Village to permit a reduced east side yard setback, a reduced east landscape buffer and a reduced tree island width adjacent to the dumpster for the building proposed for the Subject Property.
b. Petitioner plans to construct a 5,886 square foot single story retail store building, Orland Park Wine and Spirits, with associated parking and landscaping on the Subject Property. A previous plan submitted in 2004 was approved by the Village but never built. This is a revised plan to meet Code changes since the prior approval and generally to improve the project.
c. Specifically, Petitioner requests an east side yard setback of eight feet (8') rather than the fifteen feet (15') required by Section 6-207 G (2) of the Land Development Code, and an east landscape bufferyard of eight feet (8') rather than the ten feet (10') required by the Code. The size of the lot seriously limits its use for a commercial purpose without variations. To place sufficient parking on the Subject Property requires that the building be situated toward one of the corners of the lot, which in turn requires the setback and bufferyard variations.
d. The parking shown on the new plan is at the rear of the building, as now required by the Code. The size of the lot necessitates a variation request for a reduced tree island width from ten feet (10') to approximately five feet (5'). This reduction permits the number of parking spaces to meet the Code requirements.
e. The variations requested will not be inconsistent with the character of the immediate vicinity, and in general are smaller than the previously-granted variations for this project. The Subject Property is located at the corner of 84th Avenue and 159th Street. It is surrounded on the non-street sides by Honda of Orland Park, which has parking areas in the abutting locations. Because of the abutting Honda parking, the reduced side setback and bufferyard will not be obvious to observers.
f. The property in question cannot yield a reasonable return if permitted to be used only under the setback, bufferyard and tree island requirements of the Land Development Code. The size of the building has been reduced from the prior plan, but cannot feasibly be further reduced.
g. The plight of the owner is due to the unique circumstances of the size of the Subject Property, the amount of parking needed for a retail use (which is consistent with the zoning classification of the Subject Property), and the location of the Subject Property adjacent on two (2) sides to an automobile dealership.
h. The variations if granted will not alter the essential character of the locality since the proposed building is commercial in nature and is located in a business zoning district.
i. The denial of the requested variations would be a hardship to the Petitioner because it might mean that the entire project could not be built.
j. The granting of the variations will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood. They will have no detrimental impact on property in the area, but the project as a whole will be an addition to the Village’s tax base and an improvement in the streetscape. Granting the variations will not increase traffic in the public streets, or increase the danger of fire, or endanger the public safety, or impair property values within the neighborhood. The variations will not detrimentally impact neighboring properties, as stated above.
SECTION 3
Subject to the conditions below, variations from the requirements of the Land Development Code of the Village of Orland Park, Sections 6-207 G(2), 6-305 M(1) and 6-305 U(3)(a) are hereby granted to Orland Park Wine and Spirits to permit an east side yard setback of eight feet (8'), rather than the fifteen feet (15') otherwise required, an east bufferyard of eight feet (8'), rather than the ten feet (10') otherwise required, and a reduction in the tree island width from ten feet (10') to approximately five feet (5'), on property legally described as:
LOT 1 IN HARRIS BANK ARGO ORLAND PARK SUBDIVISION OF THE WEST 165 FEET OF THE SOUTH 264 FEET (EXCEPT THAT PART TAKEN FOR STREETS) IN THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 36 NORTH, RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
The above variations are subject to the following conditions:
1. That the Subject Property be developed for a retail store pursuant to the hereby approved Final Plan, titled “Proposed Retail Facility Northeast Corner 159th Street and 84th Avenue,” prepared by Lexmoor Engineering, dated June 21, 2007, and revised December 5, 2007.
2. That Petitioner submit a Landscape Plan for separate review and approval within sixty (60) days of final engineering approval.
3. That all final engineering-related items are met.
4. That building elevations be pursuant to the hereby approved elevations titled “Orland Park Wine & Spirits,” prepared by Architect Michael Stanula, dated December 5, 2007.
5. That detailed sign elevations be submitted for a separate permitting process. Building signs will be constructed of individual channel type lettering.
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.