ORDINANCE NO. 2003-71
AN ORDINANCE GRANTING A VARIANCE FROM THE CODE OF ORDINANCES OF THE VILLAGE OF VERNON HILLS, APPENDIX C – ZONING ORDINANCE, SECTION 10.4.1.3, FOR THE PROPERTY LOCATED AT 250 SOUTHGATE DRIVE ALLOWING THE FLOOR AREA RATIO IN AN R-5 RESIDENTIALLY-ZONED DISTRICT TO INCREASE FROM 33% TO 38.09% FOR THE PURPOSE OF CONSTRUCTING A 744 SQUARE FOOT, 2ND STORY ADDITION.
WHEREAS,
Mr. & Mrs. Mike Polinsky, the owner of the property located at 250
Southgate Drive, filed an application on September 22, 2003 requesting a 5.09%
variance from the Floor Area Ratio requirement of Section 10.4.13 of the
Village of Vernon Hills Zoning Ordinance, which states the Floor Area Ratio in
a R-5 residentially zoned district shall not exceed 33%; and
WHEREAS, the applicant is
seeking the variance to exceed the Floor Area Ratio requirement of 33% by 5.09%
for the purpose of constructing a 744 square foot, 2nd story
addition above the existing attached garage and family room; and
WHEREAS, a public hearing was held on
this application by the Zoning Board of Appeals at its meeting held on October
16, 2003, after due notice thereof by publication, mailing, and posting of the
property; and
WHEREAS, the Zoning Board of Appeals,
having fully heard the testimony and arguments of the parties and being fully
advised in the premises, found that in this case sufficient facts were
presented which, in its judgment, would justify recommending approval of an
ordinance to increase the Floor Area Ratio limitation of Section 10.4.1.3 of
the Zoning Ordinance from 33% to 38.09% for the property located at 250
Southgate Drive and allowing the construction of a 744 square foot, 2nd
story addition above the existing attached garage and family room; and
WHEREAS, the Village Board, being fully
apprised of the testimony and arguments of the parties and being fully advised
in the premises, found that in this case sufficient facts were presented which,
in its judgment, would justify it in approving an ordinance to increase the
Floor Area Ratio limitation of Section 10.4.1.3 of the Zoning Ordinance from
33% to 38.09% for the property located at 250 Southgate Drive and allowing the
construction of a 744 square foot, 2nd story addition above the
existing attached garage and family room; and
WHEREAS,
THE PRESIDENT AND BOARD OF TRUSTEES HAVE, WITH THE FINDINGS OF THE ZONING BOARD
OF APPEALS, FOUND
1. that
the variation would be in harmony with the general intent and purpose of the
zoning ordinance and consistent with the public interest for the residents of
the Village;
2. that
there are practical difficulties or unnecessary hardship in the way of carrying
out the strict letter of the zoning ordinance relating to the use, construction
or alteration of buildings or structures or the use of the land;
3. that
the property in question cannot yield a reasonable return if permitted to be
used only under the conditions allowed by the regulations in that zone;
4. that the plight of the owner is due
to unique circumstances;
5.
that the
variation, if granted, will not alter that essential character of the locality;
NOW,
THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE
OF VERNON HILLS, LAKE COUNTY, ILLINOIS AS FOLLOWS:
SECTION
I.
A. That all of the foregoing paragraphs
are hereby made part of this ordinance.
B. That the above-requested variation is
hereby granted, subject however to the following conditions.
1. That
variation authorized must commence within a period of twelve months from the
date of this decision otherwise this variance and any permit granted based
thereon shall be null and void.
2. That
any existing masonry fireplace chimney/enclosure may be extended, with similar
materials and in similar width, so that termination of the chimney meets or
exceeds the horizontal and vertical distance requirements from the new roof as
required by the Village adopted building code(s).
3. If
any plan has been presented to the Board, the construction thereon indicated
shall be in exact accordance with said plan.
4. Owner/Applicant
shall comply fully with all other requirements of the zoning ordinance
regulations of the Village of Vernon Hills, and Statutes of the State of
Illinois.
SECTION II. SEVERABILITY. In the event that any section, clause,
provision, or part of this ordinance shall be found and determined to be
invalid by a court of competent jurisdiction, all valid parts that are
severable from the invalid parts shall remain in full force and effect. If any part of this ordinance is found to be
invalid in any one or more of its several applications that are severable from
the invalid applications shall remain in effect.
SECTION III. REPEAL AND SAVINGS CLAUSE. All ordinances or parts of ordinances in conflict herewith are hereby repealed; provided, however, that nothing herein contained shall affect any rights, actions or causes of action which shall have accrued to the Village of Vernon Hills prior to the effective date of this ordinance.
SECTION IV. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law.
SECTION V. PUBLICATION. This ordinance shall be published in pamphlet for in the manner provided by law.
SECTION VI. ORDINANCE NUMBER. This ordinance shall be known as Ordinance Number 2003-71.
Adopted by roll call vote as follows:
AYES:
NAYS:
ABSENT AND NOT VOTING:
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PASSED:
APPROVED:
PUBLISHED IN PAMPHLET FORM:
ATTEST:
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