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S-524 - 03/27/1984 - VARIATION - Ordinances i r ORDINANCE NO. S- 524 �✓ a-i AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK, ORDINANCE N0. G-60, AS AMENDED, RELATIVE TO REAR YARD COVERAGE (324 Oak Brook Road) WHEREAS, on or about February 9, 1984 an application was filed with the Village of Oak Brook requesting a variation from the provisions of Appendix I of the Zoning Ordinance of the Village of Oak Brook to allow approximately 51% of the required rear yard at the property commonly known as 324 Oak Brook Road to be covered with existing detached accessory structures; and WHEREAS, on February 14, 1984 the corporate authorities referred the application to the Zoning Board of Appeals for public hearing on the variation request; and WHEREAS, at the conclusion of its public hearing pursuant to notice on March 6, 1984, the Zoning Board of Appeals recommended to the Village Board that the request for a variation be granted, in part for the reason that the detached structures located in the rear yard were in existence prior to the adoption of the Village's zoning requirement which limits required rear yard coverage by such structures to not more than 30% and as such, are pre-existing, non-conforming structures; and WHEREAS, the corporate authorities have considered the recommendation of the Zoning Board of Appeals and deem the foregoing requested variation to be consistent with the spirit and intent of the Oak Brook Zoning Ordinance, in light of the unique circumstances attendant to the subject property. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: That a variation is hereby granted from the provisions of Section V G 3 d) (2) of the Zoning Ordinance of the Village of Oak Brook to permit the existing structures which cover 51% of the required rear yard at the below described property, subject to the conditions enumerated in Section 3 of this Ordinance. Section 3: That the variation herein granted is specifically subject to the conditions: (a) That the present area and configuration of the structures located in the required rear yard of the subject property not be increased; (b) That this variation ceases upon casualty loss, removal, or destruction of 50% or more of the value of the existing structures. Section 4: That this Ordinance is limited and restricted to the property located at 324 Oak Brook Road, Oak Brook, Illinois which property is part of the newly approved Melvin Childrens' Trust Subdivision and which property is legally described as: Lot 2 in Melvin Childrens' Trust Subdivision, being a subdivision of the West 165 feet of the East 711 feet of the South Half of the South Half of the West Half of the Southeast Quarter of Section 25, Township 39 North, Range 11, East of the Third Principal Meridian, in DuPage County, Illinois. r Ordinance NO. S- 524 ` (324 Oak Brook Road Page 2 Section 5: That this Ordinance shall be in full force and effect from and after its passage and approval pursuant to law. Passed this 27th day of March , 1984. Ayes: Trustees Imrie, Listecki, Maher, Philip, Rush and Watson. None , Nays: Absent: None Approved this th day of March , 1984. Vi lage President ATTEST: Vill'ege Clerk �... Approved at to Form: A I twwVd u", Village Attorney Published Date Paper Not Published xxx