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ORDINANCE GRANTING VARIANCES - (OASIS ENTERPRISES, 15565 and 15601 S. 70TH COURT)
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WHEREAS, a petition seeking variances for certain real estate, as set forth below, has been filed with the Building Department 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 September 11, 2007, on whether the requested variances 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 Orland Park Star and The Daily Southtown, a newspapers of general circulation in this Village, there being no newspaper published in this Village; and
WHEREAS, the Plan Commission has filed with this President and Board of Trustees its 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 Plan Commission 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 variances 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 variances as follows:
a. The Subject Property is located at 15565 and 15601 S. 70th Court, Orland Park, Illinois. The Subject Property is zoned MFG Manufacturing District under the Village's Land Development Code (the "Code").
b. The Subject Property is planned by Petitioner for a sheltered workshop for adults that will include job training and light assembly. The Petitioner will expand and connect two buildings on two adjacent lots into a single building, and will combine the lots into a single lot.
c. The variances requested are (1) to reduce the required number of parking spaces from the otherwise required 47 to 35 spaces; and (2) to locate the loading docks between the building and the street.
d. The parking variance requested is a 26% variance.
e. The property in question cannot yield a reasonable return if permitted to be used only under parking requirements of the Code. The combination of the lots and the connection of the buildings leaves inadequate parking space, and no room for loading at another location.
f. The plight of the owner is due to the unique circumstance that the proposed use is a sheltered adult workshop, a use needed in the community. Those being trained and employed in the workshop will not all come in their own cars, but many will come by mini-bus. Nevertheless, even the reduced parking provided does not allow for an alternative loading configuration.
g. The variances, if granted, will not alter the essential character of the locality since the area will retain the MFG classification.
h. The denial of the requested variances would be a hardship to the Petitioner because without the variance, the workshop/light assembly use cannot be constructed.
i. The granting of the variances will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood. The neighborhood is a manufacturing district and has other instances of loading spaces oriented toward the street. The sheltered workshop use will be a benefit to the community
j. The location of the property in an area of manufacturing uses, and the planned combination of two lots into one larger lot for use as a sheltered workshop are conditions not generally applicable to other property in the Village.
k. The proposed variances 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. In fact the combination of two smaller lots into one will increase the efficiency of the paved area.
l. The variances granted are the minimum necessary for the reasonable use of the land for the purpose proposed.
m. The aforesaid circumstances or conditions are such that the strict application of the MFG parking and loading requirements would deprive the Petitioner of any reasonable use of the land.
SECTION 3
Subject to the conditions below, a variance to permit loading docks to be located between the building and the street, and a variance to the parking requirements of the Land Development Code of the Village of Orland Park, to permit 35 parking spaces, rather than the 47 otherwise required, are hereby granted for the Subject Property legally described as:
LOT 114 AND THE SOUTH 100 FEET OF LOT 115 IN CATALINA’S COMMERCIAL AND INDUSTRIAL SUBDIVISION OF LOTS 3 AND 6 IN SILVER LAKES GARDENS UNIT NUMBER 7, RECORDED MARCH 22, 1976, ALL IN COOK COUNTY, ILLINOIS.
Commonly known as 15565 and 15601 S. 70th Court, Orland Park, Illinois.
These variations are subject to the conditions that:
A. Development shall be pursuant to the hereby-approved Preliminary Site Plan for Oasis Enterprises, dated 9/14/2007, drawn by Lagestee-Mulder Construction, Development and Real Estate, Project Number 213-06, with the condition that Petitioner submits a Final Landscape Plan within sixty (60) days of Final Engineering that includes the following:
a. Add a “Type D buffer yard” (See Land Development Code Section 6-305) in the 30' setback to the rear of the building, including the preservation of any existing healthy plant material.
b. Plant two (2) additional Honey Locust Trees in the parkway, to be located in front of the southern parking lot;
c. Add a minimum of fourteen (14) additional evergreen shrubs between the face of the southern parking lot and 70th Court.
d. Add a minimum of one (1) tree and five (5) low shrubs in each new tree island.
e. Add five (5) evergreen trees to the south of the southern parking lot expansion.
f. Add a minimum of three (3) evergreen or ornamental trees and ten (10) shrubs in each of the two (2) new planting beds adjacent to the loading docks.
g. Preserve existing healthy plant material on the site wherever possible.
B. Building elevations shall be pursuant to the hereby-approved Building Elevations prepared by LM Lagestee-Mulder, dated 9/14/07, Project Number 213-06, Sheet A-2.
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.