S-915 - 10/27/1998 - SPECIAL USE - Ordinances ORDINANCE 98-ZO-SU-S--
AN ORDINANCE GRANTING A SPECIAL USE
FOR A DRIVE-IN BANKING FACILITY
(3824 York Road, Oak Brook, IL 60523)
WHEREAS, the contract purchaser of the property at 3824 York Road has applied to the Village
for a special use to permit construction of a drive-in banking facility; and
WHEREAS, the Plan Commission on March 16, 1998 recommended approval of the requested
special use subject to certain conditions; and
WHEREAS, a public hearing thereon was conducted by the Zoning Board of Appeals of the
Village of Oak Brook on April 7, 1998 pursuant to due and appropriate legal notice; and
WHEREAS, the Zoning Board of Appeals made its findings and unanimously recommended
approval of the requested Special Use subject to certain conditions; and
WHEREAS, the President and Board of Trustees have reviewed the recommendations of the
Zoning Board of Appeals and Plan Commission 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, subject to the conditions set
forth below.
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 special use, pursuant to Section VIII(D)(2)(d) is granted to permit the
construction of a drive-in banking facility at the property commonly known as 3824 York Road and
legally described as follows:
Parcel 1: Lot 1 in J. Lynch's Assessment Resubdivision of part of Tract B, in J. Lynch
Second Plat of Survey(recorded February 11, 1954 as Document No. 707775), of part of
Lot 1 in Gmoser and Bluma's Plat of Survey(recorded June 18, 1949 as Document No.
570094), in the South Y2 of Section 36, Township 39 North, Range 11, East of the Third
Principal Meridian, according to the Plat of said J. Lynch's Assessment Resubdivision
recorded May 2, 1957 as Document No. 840938, in DuPage County, IL. Permanent
Parcel No. 06-36-308-014.
Parcel 2: That part of tract B, in J. Lynch Second Plat of Survey (Document No. 707775),
a part of Lot 1, Gmoser and Bluma's Plat of Survey situated in that part of the South %of
Section 36, Township 39 North, Range 11, East of the Third Principal Meridian, bounded
and described as follows to wit: Commencing at the Southwest corner of the Southeast
1//4 of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian;
thence East along the South line of Section 36, a distance of 280.5 feet to a point in the
center line of Spring Road as now platted and recorded; thence Northwesterly along the
center line of said Spring Road, a distance of 245.90 feet to the point of beginning; thence
still along said center line of Spring Road, a distance of 85.0 feet to a point, thence South
62 degrees, 01 minute West, a distance of 175.0 feet to a point, thence, South 27
degrees 59 minutes East, a distance of 60 feet to a point, thence 70 degrees 09 minutes
Rocca-Special Use
Ordinance 98-ZO-SU-S-915
Granting a Special Use for a
Drive-In Banking Facility
3824 York Road, Page 2
East, a distance of 176.78 feet to the point and point of beginning, except that portion
lying in Spring Road, dedicated for highway purposes, all in DuPage County, Illinois.
Permanent Parcel No. 06-36-308-013.
Section • That the special use permit herein granted pursuant to Section 2 of this
ordinance is expressly subject to compliance with the following conditions:
A. That the drive-in banking facility be constructed substantially in conformance with the
Site Plan prepared by R.A. Mifflin Assoc.Architects, as last revised September 30,
1998, hereby incorporated by reference;
B. That the contract purchaser alleviate any traffic stacking problems should they
develop, as determined by the Village;
C. That the special use permit herein granted shall automatically lapse and expire at
such time as the use of the subject property ceases to include a banking facility;
D. That the special use permit herein granted shall automatically terminate and be of no
force and effect without further action by the Village Board in the event that the
contract purchaser(Alan Rocca)or nominee fails to take title to the Subject Property
on or before January 31, 1999. The foregoing conveyance date may be extended
without public hearing by the President and Board of Trustees upon a showing of
necessity by the contract purchaser; and
E. That the special use permit herein granted shall automatically terminate and be of no
force and effect without further action by the Village Board in the event that
construction of the drive-in banking facility has not been substantially completed by
December 31, 2000. The foregoing completion date may be extended without public
hearing by the President and Board of Trustees upon a showing of necessity by the
property owner.
Section 4: That this ordinance shall be in full force and effect from and after passage and
approval pursuant to law.
PASSED THIS 27th day of October, 1998.
Ayes: Trustees Bartecki, Caleel, McInerney and Shumate
Nays: None
Absent: Trustee Kenny; Trustee Savino (Recused)
Abstain: None
APPROVED THIS 27th day of October, 1998.
A .
Villag resident
Ordinance 98-ZO-SU-S-915
Granting a Special Use for a
Drive-In Banking Facility
3824 York Road, Page 3
ATTEST
i s
�A—p-proved as to Form:
i
Village Attorney
Published
Date Paper
Not Published XX
Applicant: Alan Rocca
Address: 114 Canterbury Lane
Oak Brook, IL 60523
PIN: 06-36-308-013 and
06-36-308-014