S-563 - 07/23/1985 - VARIATION - Ordinances ORDINANCE NO. S- 563
AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF
THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK
RELATIVE TO LOADING, YARD AND DRIVEWAY SEPARATION
(601 and 607 Harger Road)
WHEREAS, an application has been filed requesting certain, variations for
property located at 601 and 607 Harger Read, Oak Brook, Illinois relating to
loading, yard and driveway separation requirements of the Oak Brook Zoning
Ordinance; and
WHEREAS, said Zoning Board of Appeals pursuant to due and appropriate legal
notice conducted a public hearing thereon on July 2, 1985 and has recommended the
granting of the variations; and
WHEREAS, the said Zoning Board of Appeals made explicit findings that the
variations requested meet the applicable standards of Section XIII(G)(4) of the
Oak Brook Zoning Ordinance, including a genuine hardship resulting from: 1) the
unique configuration of this triangular shaped parcel; 2) the limestone substrata
which makes the construction of parking completely below the Natural Ground Level
economically unfeasible; 3) that neither of the circumstances noted above are
attributable to the applicant's conduct; and
WHEREAS, the corporate authorities concur with the recommendations and
findings of the Zoning Board of Appeals;
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 hereirabove set forth are
hereby incorporated herein as though fully set forth.
Section 2: That the variations granted herein, pursuant to this ordinance
are limited to the property located at 601 and 607 Harger Road, Oak Brook,
Illinois, which property is legally described as follows:
Lot 1 in Boy Scouts of America Assessment Plat of part of the
Southwest Quarter of Section 24, Township 39 North, Range 11
East of the Third Principal Meridian. in DuPage County,
Illinois according to the Plat thereof recorded August 30,
1965 as Document No. R65-33223. And also Lot 1 in Vegter's
Assessment Plat of part of said Southwest Quarter of Section
24, Township 39 North, Range 11 East of the Third Principal
Meridian in DuPage County, Illinois according to the Plat
thereof recorded June 13, 1953 as Document No. 685367.
Permanent Parcel Nos. 06-24--304-002, 06-24-304-003
Section 3: That the following variations are hereby granted from the
provisions of the Oak Brook Zoning Ordinance of the Village of Oak Brook,
Ordinance G-60, as amended.
A. A variation from the requirements of Section XI(D)(7) to
reduce the number of required loading berths from 3 to 2;
B. A variation from the requirements of Section. XI(D)(1) to
permit the loading berths to be located on the easterly side
of the proposed building;
C. A variation from Section X(B) (5)(a) to permit construction of
an underground parking garage extending up to the front lot
line, which parking will project up to 3.5 feet above the
Natural Ground Level within the 100-foot yard setback and the
30-foot side yard setback; and
Ordinance No. S— 563
Granting Variations Relative
to Loading, Yard and Driveway
Separation
(601 & 607 Harger Road)
Page two
D. A variation. from Paragraph 4 of Appendix II to permit
driveways approximately 196 feet apart or 34 percent of the
lot line adjoining the street.
Section 4: That the variations herein granted are explicitly subject to the
following conditions:
A. That the applicant construct the building, parking, facility
and other improvements in substantial conformity with the
Substitute Grading Plan drawn by Fujikawa, Johnson, and
Associates and Lindley and Sons, Inc, dated June 28, 1985, a
copy of which is attached hereto, labelled Exhibit A and made
a part hereof.
B. That all loading berths be located below grade.
C. That the underground parking facility not project more than
3.5 feet above the Natural Ground Level.
D. That the exposed concrete on the north end of the parking
facility be screened from view by plantings.
E. That pavement for parking not more than six vehicles be
provided in front of the building.
Section 5: That this Ordinance shall be in full force and effect from and
after it passage and approval pursuant to law.
PASSED THIS 23rd day of July , 1985.
Ayes: Trustees Bushy, Imrie, Maher, Rush and Winters
Nays: None
Absent: Trustee Philip
APPROVED THIS 23rd day of July , 1985.
i
Village President
ATTEST:
Villa a Clerk
Approved as to Form:
Village Attorney
Published
Date Paper
Not Published XX