S-681 - 01/09/1990 - ZONING -VARIATION - Ordinances n
ORDINANCE S- 681
AN ORDINANCE GRANTING VARIATIONS AND OTHER RELIEF
FROM THE PROVISIONS OF THE ZONING ORDINANCE
OF THE VILLAGE OF OAK BROOK
RELATIVE TO PARKING AND REQUIRED YARDS AT THE OAKBROOK CENTER MALL
WHEREAS, applications have been filed requesting certain variations for
the Oakbrook Center Mall relating to parking requirements to allow for the
construction of a parking garage, the provision of off-site parking and the
reduction in the number of required parking places; and
WHEREAS, the Zoning Board of Appeals and Plan Commission of the Village
of Oak Brook have made recommendations for the approval of the requested
relief sought in said application pursuant to public hearings conducted by the
Zoning Board of Appeals on November 21, 1989, and by the Plan Commission on
November 20, 1989; and
WHEREAS, the 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 unique circumstances related to the
right-of-way configuration, the lack of any negative effect upon the neighbor-
hood, and that the yield of the property would be negatively affected if the
variations requested were not granted; and
WHEREAS, the corporate authorities have considered said recommendations
and findings and concur in the same;
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 l: That the provisions of the preamble hereinabove set forth are
hereby incorporated herein as though fully set forth herein.
Section 2: That the variations granted herein are limited to the
property known as the Oakbrook Center Mall, Oak Brook, IL, which property is
legally described in the attached Exhibit A.
Section 3: That a variation from the provisions of Section VII(D)(4) of
the Zoning Ordinance is granted so as to permit construction of a parking
garage located approximately 190 feet from the right-of-way line of 22nd
Street and Illinois Route 83.
Section 4: That a variation is granted from the provisions of Section
XI(E)(12)(e)(3) of the Zoning Ordinance to reduce the required off-street
parking spaces by approximately 575 spaces from the required 10,893 spaces.
Section 5: That a variation from the provisions of Section XI(E)(10) of
the Zoning Ordinance is hereby granted so as to preclude the necessity of the !
Ordinance s--681
An Ordinance Granting Variations
and Other Relief Relative to
Parking and Required Yards
at the Oakbrook Center Mall
Page 2
filing of a covenant regarding the use of off-site property for accessory parking
as depicted in the attached Exhibit B.
Section 6: That pursuant to the provisions of Section XI(E)(2) of the
Zoning Ordinance, authorization is granted for the construction of
approximately 385 required parking spaces at an off-site location as depicted in
the attached Exhibit B.
Section 7: That the variations herein granted are expressly subject to
the following conditions:
A. That the parking garage proposed to be constructed shall contain not
more than 3 levels (2 above ground) and shall contain not less than 620
parking spaces in conformance with the provisions of the Oak Brook Zoning
Ordinance. The location of such parking garage shall be substantially
identical to the location depicted in the attached Exhibit B.
B. That the owner of the subject property execute and deliver to the
Village a covenant agreeing to construct up to 575 additional parking
spaces upon the request of the Village of Oak Brook. Said covenant shall
be in the form and substance acceptable to the Village as approved by its
Village Attorney.
Section 8: That this Ordinance shall be in full force and effect from
and after passage and approval as provided by law.
PASSED THIS 9th day of January 1990.
Ayes: Trustees Bartecki, Bushy, Payovich, Rush and Winters
Nays: None
Absent: Trustee Maher
Abstain: None
APPROVED THIS 9th day of January , 1990
village Presiders
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Ordinance S- 681
An Ordinance Granting Variations
and Other Relief Relative to
tF. Parking and Required Yards
at the Oakbrook Center Mall
Page 3
ATTEST:
Village Clerk
Approved as to Form:
A
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Village Attorney
1.
� Published
Date Paper
Not Published XX
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EXHIBIT A
Lots 1, 2, 3, 4, 5, 6, 7 and 9 in Oakbrook Terrace, a subdivision of part of
Section 23, Township 39 North, Range 11 East of the Third Principal Meridian;
excepting from said Lots 3 and 9 those parts thereof dedicated for highway
purposes by instruments recorded on September 8, 1961 as Document R61-21444
and on November 20, 1961 as Document R61-30843; and excepting from said Lots 5
and 7 those parts thereof dedicated for highway purposes by said instrument
recorded as Document R61-30843; and excepting from said Lot 9 that part
thereof included within the First Federal Resubdivision, a resubdivision
recorded May 3, 1978 as Document R78-38235; in DuPage County, Illinois,
containing 5,695,107 square feet (130.7417 acres) more or less. Permanent
Parcel Nos. 06-23-300-022 through 06-23-300-033, 06-23-300-036, 06-23-300-037
and 06-23-300-040 through 06-23-300-042.
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