S-873 - 03/25/1997 - VARIATION - Ordinances ORDINANCE 97-ZO-V-DU-SWM+FP-S-873
AN ORDINANCE GRANTING A VARIANCE FROM THE
DU PAGE COUNTY COUNTYWIDE STORMWATER AND FLOOD PLAIN ORDINANCE
(3501 ADAMS ROAD)
WHEREAS, as a result of the flooding that occurred in DuPage County
during the mid to late 19801s, DuPage County and all DuPage municipalities
created the DuPage County Countywide Stormwater and Flood Plain Ordinance (the
"Ordinance") ; and
WHEREAS, the Ordinance was adopted by DuPage County in 1991 and
subsequently by the Village of Oak Brook, as a full waiver community; and
WHEREAS, as a full waiver community, the Village has the responsibility
for administration of the Ordinance within its corporate limits; and
WHEREAS, an application has been filed requesting a variance from the
provisions of Article 9 of the Ordinance, to exempt the applicant's property
from the requirements for stormwater detention; and
WHEREAS, a public hearing on such application has been conducted on
February 4, 1997 by the Zoning Board of Appeals of the Village sitting as the
Village's Oversight Committee to oversee the implementation and enforcement of
the Ordinance, pursuant to due and appropriate legal notice; and
WHEREAS, in its report dated March 6, 1997, the Zoning Board of Appeals
made its findings and recommendation to approve the petition;
WHEREAS, the corporate authorities of the Village of Oak Brook concur in
the findings and recommendation of the Zoning Board and 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: That a variance is hereby granted from the provisions of
Article 9 of the DuPage County Countywide Stormwater and Flood Plain Ordinance
to exempt the easterly two-thirds of the property (6.1 acres) at 3501 Adams
Road, in the Wegner Woods Resubdivision, which property is legally described
as follows:
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. R90-
104262, in DuPage County, IL.
PIN 06-35-401-024 and 06-35-401-025.
Ordinance 97-ZO-V-DU-SWM+FP-S-873
Granting a Variance from the
DuPage County Countywide
Stormwater and Flood Plain
Ordinance, 3501 Adams Road
Page 2
Section 3: That the variance herein granted in Section 2 of this
Ordinance is expressly subject to the following conditions:
(1) That the property be developed as a three-lot subdivision in
substantial compliance with the conditions imposed in Resolution
96-681 approving the Preliminary and Final Plat of the Wegner
Woods Resubdivision, passed by this Board on November 12, 1996.
(2) That the wooded character of all three lots be protected by
covenants running with the land approved by the Village Attorney.
(3) That the impervious area of lots 1 and 3 be not more than 33% or
one acre, whichever is less, subject to minor upward adjustments
as approved by the Village Engineer, if necessary.
(4) That the owner provide an impact statement from a professional
engineering firm which finds that the variation plan will have no
undue, adverse impact on surrounding property.
(5) That appropriate "best management practices" as defined in
the Ordinance be utilized in the development of the
property.
Section 4: That this ordinance 'shall be in full force and effect from
and after passage and approval pursuant to law.
PASSED THIS 25th day of March, 1997.
Ayes: Trustees Bartecki, McInerney, Payovich and Savino
Nays: None
Absent: Trustees Kennv and Shumate
Abstain: None
APPROVED THIS 25th day of March, 1997.
Village President ,
'`1 r ATTEST S 0
04.S.�'�
k
i as to Form:
Village Attorney
Ordinance 97-ZO-V-DU-SWM+FP-S-
Granting a Variance from the
DuPage County Countywide
Stormwater and Flood Plain
Ordinance, 3501 Adams Road
Page 3
Published
Date Paper
Not Published XX
Applicant: Charles T. Wegner
Address: 3501 Adams Street
Oak Brook, IL 60521
PIN 06-35-401-024 & 06-35-401-025