S-569 - 10/08/1985 - VARIATION - Ordinances ORDINANCE NO. S— 569_
IL AN ORDINANCE GRANTING CERTAIN VARIATIONS FROM THE PROVISIONS OF
THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK,
ORDINANCE NO. G-60, AS AMENDED
RELATIVE TO PARKING AND LOADING
(2001 York_ Road)
WHEREAS, an application has been filed requesting certain variations
for property located at 2001 York Road, Oak Brook, Illinois, relating to parking
and loading 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 March 5, 1985 and has
recommended against granting all of the variations requested for the principal
reason that much of the testimony supported the-need for a general zoning text
r.
amendment rather than the requested variations; and
WHEREAS, while the Village is presently applying for certain text
amendments, the notice and hearing process would unduly delay the applicant; and
WHEREAS, the applicant has established a unique hardship in that the
subject property is an interior through lot and thus has a rear yard setback of
100 feet rather than the usual 10 foot setback for parking. Moreover, there is a
large grove of oak trees on the eastern portion of the subject property which
will be saved if certain variations are granted; and
WHEREAS,. the corporate authorities deem those variations set forth
below 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 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 2001 York Road, Oak Brook,
Illinois, which property is legally described in the attached Exhibit A based
upon specific hardships as set forth in the preamble hereto.
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. Variations from the requirements of Appendix I to reduce
the minimum dimension required for 90 degree parking for
standard size cars as follows:
1. Width of space from 910" to 816".
2. Depth of space perpendicular to aisle from 1810" to
17'6".
3. Width of aisle from 2710" to 24101t.
B. A variation from the provisions of Section
XI(E)(12)(d) (8) of the Zoning Ordinance to increase from
ws' 275 to 329 the building floor area for which a minimum of
one (1) parking space must be provided.
C. A variation from the provisions of Section XI(D)(7) of
the Zoning Ordinance to reduce the number of off—street
loading berths to one (1) per 100,000 square feet or
fraction thereof.
Ordinance No. S- 569
Y Granting Certain Variations
Relative to Parking& Loading
(2001 York Road)
Page two
Section 4: That the variations herein granted are explicitly subject
to the following conditions:
A. That the variations hereby granted shall automatically
terminate at such time as the building shall be required
by the provisions of Section XII of the Zoning Ordinance
to conform to all regulations of the District in which it
is located.
B. That the variations herein are granted for so long as the
subject property is used for office purposes.
C. That the parking on the subject property shall be
constructed in substantial conformity with the two-sheet
Site Plan drawn by FCL Associates, Inc. and dated
September 18, 1985.
D. That the owner of the subject property shall execute and
deliver to the Village a covenant covenanting the
(owl- construction of an additional number of parking spaces
required to bring the total number of spaces into
conformance with one space for every 300 square feet of
building area upon a finding by the Village that the
existing parking ,is inadequate. "Inadequate" for purposes
of said covenant shall mean any time when non-permitted
areas are utilized for parking purposes in any five (5)
days of any thirty (30) day period as determined by the
Village. Said covenant shall be in form and substance
acceptable to the Village as approved by its Village
Attorney.
Section 5: That this Ordinance shall be in full force and effect from
and after its passage and approval pursuant to law.
PASSED THIS 8th day of October , 1985. .
Ayes: Trustees Bushy, Imrie, Maher, Philip and Winters
Nays: None
Absent: Trustee Rush
APPROVED THIS 8th day of October , 1985.
Vil ag P silent
ATTEST:
VIlla Clerk
Approved as to Form: Published
Date Paper
Not Published XX
Village Attorney