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S-597 - 10/28/1986 - SPECIAL USE - Ordinances i ORDINANCE NO. S- 597 ` F AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW REGRADING IN A FLOOD PLAIN PURSUANT TO SECTION 10-34 OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK, ILLINOIS (3607, 3615 and 3619 York Road) WHEREAS, the owners of certain property described herein have petitioned the corporate authorities of the Village of Oak Brook, Du Page and Cook Counties, Illinois, for a Special Use Permit under Section 10-34 of the Code of Ordinances of the Village of Oak Brook, relating to flood plain and wetland regulations to allow regrading in conjunction with certain subdivision work; and WHEREAS, the public hearing on such petition has been conducted by the Zoning Board of Appeals of the Village on October 7, 1986, pursuant to due and appropriate legal notice; and WHEREAS, on September 15, 1986, the Plan Commission of the Village of Oak Brook submitted its recommendation to the President and Board of Trustees; �... and WHEREAS, the proposed use is consistent with the best use of the flood plain, provided that the conditions set forth below are satisfied; and WHEREAS, the proposed use satisfies the requirements of and is consistent with each of the factors set forth in Section 10-34(c) of the Code of Ordinances of the Village of Oak Brook; and WHEREAS, the corporate authorities of the Village of Oak Brook deer the passage of this Ordinance to be in the best interest and in furtherance of the general welfare of the Village of Oak Brook; 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: Pursuant to Section 10-34 of the Code of Ordinances of the Village of Oak Brook, Illinois, a Special Use Permit is hereby granted to allow regrading in conjunction with certain subdivision work on the property canmonly known as 3607, 3615 and 3619 York Road, Oak Brook, Illinois, and legally described as follows: Lot 1 (except the North 718.84 feet) in Graue's Assessment Plat No. 1, being in the Tbst 1/2 of the Southeast 1/4 of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian, in DuPage County, Illinois. Permanent Parcel #06-36-404-005, #06-36-404-006 and #06-36-404-007. Section 3: That the Special Use Permit herein granted in Section 2 of this Ordinance is expressly subject to the following conditions: 1. That all land modifications on the Subject Property be done in substantial conformity with Sheet 2 of 6 of the Gateway Subdivision Site Plan drawn by Donald G. Eddy as last revised September 19, 1986, a copy of which is attached hereto, labelled Exhibit A.and made a part hereof. 2. That all existing structures on the property described in Section 2 be removed on or before May 1, 1987. 3. That basements in Lots 7 and 8 are prohibited, unless authorized by Village Ordinance. Ordinance No. S- 597 Granting A Special Use Permit to Allow Regrading in a Flood Plain (3607, 3615 and 3619 York Road) Page two 4. That the petitioner obtain the approval of the attached Exhibit A by the Illinois Division of Water Resources and the Hinsdale Sanitary District prior to canmencing any construction work pursuant to said plan. Section 4: _That this Ordinance shall be in full force and effect fran and after its passage and approval as provided by law. Section 5: All ordinances, rules and regulations of the Village of Oak Brook which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict but only as they apply to the property hereinbefore described. Section 6: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such determination shall not affect the validity of any remaining portion of this Ordinance. PASSED THIS 28th day of October , 1986. Ayes: Trustees Bushy, Imrie, Maher, Philip, Rush and Winters Nays: None Absent: None APPROVED THIS 28th day of October , 1986. , 3 Village President ATTEST:,, j o.�.:►.a�x�._' S.Q. L° � Vill e Clerk Approved as to Form: Village Attorney Published Date Paper Not Pub l i shed XX