R-106 - 03/10/1970 - ZONING - ResolutionsGWU:mk 2 -27 -70 Zoo /N4•-
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PROTEST
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STATE OF ILLINOIS } b % 3 y
COUNTY.OF DU PAGE ) SS
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VILLAGE OF OAK BROOK )
R E S O L U T I O N
OF THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF OAK BROOK
DO PAGE COUNTY, ILLINOIS,
PROTESTING OF
DU PAGE COUNTY ZONING PETITION NO. 2134
Whereas, Section VIII, G, of the DuPage County Zoning ordi-
nance, adopted on December 10, 1935, as subsequently amended in
its entirety effective May 1, 1957, and again revised effective
February 27, 1968, as further amended, provides that upon written
protest against any proposed amendment to the aforesaid ordinance
by the President and Board of Trustees of a municipality where the
land effected lies within one and one -half (1 -1/2) miles of the
limits of a zoned municipality, filed with the County Clerk, such
amendment shall not be passed except by the favorable vote of
three- fourths (3/4) of all members of the County Board; and
Whereas, Petition No. 2134 by Donald E. Felix, Assistant to
the President of Scholz Homes, Inc., was filed with the DuPage
County Building and Zoning Department making application for a
Special Use Permit to allow the construction and operation of a
Planned Development on the property hereinafter described:
That part of Section 22, Township 39 North, Range 11,
East described by beginning at a point which is the
center of intersection of Butterfield Road and the
West line of Section 22; thence Northeasterly along said
center line 759.3 feet to a point; thence Northerly
along the West line of York Township Supervisor's
Assessment Plat No. 8,'being also the East line of Lot
1 of Lukosius Survey recorded as Document #638815, 2465.03
feet to a point; thence Westerly along the North line of
Southwest quarter of Northwest quarter of said Section 22,
207.3 feet to a points thence South 0 degrees 17 minutes
00 seconds West 1316.55 feet to a point, thence Westerly
at an angle of 90 degrees 40 minutes 20 seconds turned
to the left of the last mentioned line, 461.59 feet to
the West line of said Section 22; thence Southerly along
the said West line of Section 22, 1508.95 feet to the place
of beginning, in DuPage County, Illinois (also known as
17 W 750 Butterfield Road).
This property is situated on the north side of Butterfield Road,
east of Ardmore Avenue, if extended.
Whereas, the Zoning Board of Appeals of DuPage County hold and
conducted a public hearing on the aforesaid application on February 19,
1970; and
Whereas, the aforesaid application concerns land located with
one and one -hilt (1 -1 /2) miles of the corporate limits of the Vil-
lage of oak brook, a municipal corporation in DuPage County, Illinois,
�the Villa of oak Brook is the municipality with limits nearest
ge acentr and
1
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Whereas, it is the opinion of the President and Board of
Trustees of the Village of Oak Brook that the application by
Donald E. Felix, Assistant to the President of Scholz Homes, Inc.,
for issuance of a Special use Permit at the location and on the
property described above, is not desirable for the public welfare
and is contrary to the public interest and that the same would be
incompatible with land uses now,permitted in said area and would
be inoompaW is with land uses actually existing in said area and
that the granting of the Special use Permit would be deleterious
of property values and would place an extraordinary burden on
governmental services is the territory effected and that rezoning
Of the Property would be spot zoning inconsistent with the long
rr; planning goals of the County of DuPage and the Village of
Oak Srooki and
Whereas, it is the opinion of the President and Board of
Trustees.of the Village of Oak Brook that the petitioner is not now
denied the enjoyment and benefit of his property under the present
zoning classification of the County of DuPage since the property
is merchantible, as now soned and classified; and
Whereas, it is further the Opinion of the President and Board
Of Trustees of the Village of Oak Brook that the rezoning and re-
classification and issuance of a Special Use Permit at this loca-
tion ; -Vould afversely effect vehicular traffic on Butterfield Road
adjacent to the Village of Oak Brooks
ROW, THEREFORE, HE IT AND IT IS HEREBY RESOLVED by the President
and Hoard of.Truatees of the Village of ?Oak Brook,. DuPage County,
Illinois, that the said Village of Oak Brook doom protest :the grant-
ing of the Special use Vmwmlt requested by Petition No. 23.34 ap-
Plied: for by Donald E. Felix, Assistant to the Presden'c of Scholz
Homes, Inc.,, and that the VIllage..Clark. Is directea to-communicate
this grotestta the Board of Supervisors of Dupage.County and the
DuPage County building and Zoning Department and the DUPage County
Zoning Board of Appeals.
BE IT FURTHER RESOLVED that a certified copy of this Resolution
be filed in the office of the County Clerk of DuPage County, Illinois,
forthwith.
PASSED by unanimous vote of the corporate - authorities of the
Villa of Oak Br k, Damage County, Illinois, and ADOPTED this
/DL day ofAH�SI ,1970.
APPROVED:
ATTEST:
(saAL)
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STATE OF ILLINOIS )
SS
COUNTY OF DU PAGE )
C E R T I F I C A T E
I, LORRAINE E. PRIME, duly qualified and acting Village
Clerk of ths,Village of Oak Brook, DuPage County, Illinois, and
keeper of all the papers, entries, records, ordinances and seals
of said Village; do hereby certify that the foregoing is a true
and correct copy of a Resolution of the President and board of
Trustees of the Village of Oak Brook, DuPage County. Illinois,
protesting the granting of DuPage County Zoning Petition No. 2134,
passed and approved by the President and Board of Trustees of the
Village of Oak Brook at a dully` constituted meeting of said Board
held on the eo �' day of / /L�e�/ , A.D. 1970,
all of which appears in the records of said office now in my care
and custody.
11 ago Clerk -"
(SEAL)
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