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S-862 - 11/12/1996 - SPECIAL USE - Ordinances i ORDINANCE 96-ZO-SU-FP-S-862 AN ORDINANCE GRANTING A FLOOD PLAIN SPECIAL USE PERMIT PURSUANT TO SECTION 10-34 OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK, ILLINOIS (3501 Adams Road, Oak Brook, IL 60521 and Vacant Land Adjacent to 3501 Adams Road, Oak Brook, IL 60521 WHEREAS, the owner of certain property described herein has petitioned the corporate authorities of the Village of Oak Brook, DuPage and Cook Counties, Illinois, for a Flood Plain 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; and WHEREAS, a public hearing on such petition has been conducted by the Zoning Board of Appeals of the Village on October 1, 1996, pursuant to due and appropriate legal notice; and WHEREAS, The Plan Commission of the Village of Oak Brook has submitted its recommendation to the President and Board of Trustees; and WHEREAS, both the Plan Commission and Zoning Board of Appeals have recommended approval of the petitions since the proposed use is consistent with the best use of the flood plain; 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 deem 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 Flood Plain Special Use Permit is hereby granted to permit subdivision of the property into three lots and construction of an onstream stormwater control structure in substantial conformity with the Stormwater Control Structure Plans prepared by Lindley & Sons, Inc. dated June 18, 1996, with no revisions, said property being legally described as: Lots 1 and 2 in Wegner Woods Subdivision, being a subdivision of part of the Southeast Quarter of Section 35, Township 39 North, Range 11 East of the Third Principal Meridian, according to the plat thereof recorded on August 15, 1990 as Document No. 890- 104262 in DuPage County, Illinois. Ordinance 96-ZO-SU-FP-S 862 Granting a Flood Plain Special Use Permit 3501 Adams Road & Vacant Land Adjacent to 3501 Adams Road, Oak Brook, Page 2 Permanent Index Nos. 06-35-401-024 and 06-35-401-025 Section 3: That this special use permit is subject to the conditions (1) that the Final Plat of Subdivision known as the Wegner Woods Resubdivision has been recorded in the Office of the DuPage County Recorder of Deeds; and (2) that applicable permits be obtained from the appropriate regulatory agencies, including the Village of Oak Brook, and that improvements constructed on the subject property be constructed in accordance with the Building Code and in accordance with the requirements for flood resistent construction as set forth in Section 2102.0 of the BOCA National Building Code. Section 4: That the special use permit herein granted in Section 2 of this ordinance be further expressly subject to the condition that all improvements on the subject property be completed on or before four years from the date of this ordinance, in substantial conformity with the aforementioned Plans. If the property owner fails to meet the conditions of this section, this special use permit shall automatically terminate and be of no further force or effect. The foregoing completion date may be extended without public hearings by the President and Board of Trustees upon a showing of necessity by the property owner. Section 5: That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS 12th day of November, 1996. Ayes: Trustees Bartecki, Kenny, McInerney, Payovich and Savino Nays: None Absent: Trustee Shumate Abstain: None APPROVED THIS 12th day of November, 1996. `L �Av wZ1 villAge President ' ATTEST: i % lag Clerk v Approved as to Form: Village Attorney Published Date Paper Not Published XX wegner.ord