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R-878 - 04/27/2004 - SUBDIVISION - ResolutionsRESOLUTION 2004— SD— R —FP -R -878 A RESOLUTION APPROVING THE FINAL PLAT KNOWN AS 700 -800 COMMERCE DRIVE RESUBDIVISION AND GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 6 -3-J OF TITLE 14 ( "SUBDIVISION REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO MONUMENTS AND MARKERS (700 and 800 Commerce Drive) 06 -23- 404 -017, 06 -24- 304 -001 WHEREAS, the Plan Commission of the Village of Oak Brook, on January 19, 2004, recommended the approval of the proposed 700 -800 Commerce Drive Resubdivision, and WHEREAS, the property at 700 -800 Commerce Drive is legally described as follows LOT 1 IN OAK BROOK'S EASTERN AIR LINES INCORPORATED SUBDIVISION OF PART OF LOT 1 IN BUTLER COMPANY -M -1 INC ASSESSMENT PLAT NO. 1 OF PARTS OF SECTIONS 23 AND 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS; and WHEREAS, the Village of Oak Brook has heretofore adopted an ordinance setting forth the Subdivision Regulations for the Village of Oak Brook in Title 14 of the Village code; and WHEREAS, Section 14 -7 -4 of the Village Code sets forth the authority and standards of the granting of variations to the Subdivision Regulations; and WHEREAS, the owners of the property at 700/800 Commerce Drive, Oak Brook Pointe, LLC, a Delaware limited liability company, and Petula Oak Brooke Pointe, a Delaware limited liability company, have submitted a petition for a variation to Section 14 -6 -3 J of the Subdivision Regulations relative to the requirement for iron pipe monumentation, and WHEREAS, on March 15, 2004, the Plan Commission reviewed the petition for variation and recommended approval of the variation; and WHEREAS, in making this recommendation, the Plan Commission found that the applicant had addressed the applicable standards required for a variation to the subdivision regulations, and WHEREAS, the Plan Commission found that because of the developed nature of the property, it would be a hardship to require iron pipe monumentation, and WHEREAS, the Village President and Board of Trustees have considered the recommendations of the Plan Commission and concur with same, and NOW THEREFORE, BE IT RESOLVED 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 Final Plat of Subdivision known as 700 -800 Commerce Drive Resubdivision prepared by Edward J. Molloy & Associates, Ltd., P L.S #1617, dated February 3, 2004 be and is hereby approved Resolution 2004- SD- R -FP -R -878 Approving Final Plat Resubdivision 700 -800 Commerce, 06 -23- 404 -017, 06 -24- 304 -001 Page 2 of 2 Section 2: That approval of the final Plat 700 -800 Commerce Drive Resubdivision as per Section 1 hereof be and is hereby expressly subject to and is not effective until the following conditions are met. 1) that the final plat be revised and approved by the Village engineer; and 2) final legal approval of all relevant documents. Section 3 That all requirements, conditions and standards of the Subdivision Regulations of the Village of Oak Brook shall be applicable to the resubdivision and development of said 700 -800 Commerce Drive Resubdivision Section 4 That a variation to Section 6 -3 -J of the Subdivision Regulations is hereby granted waiving the requirement for iron pipe monumentation. Section 5: This resolution shall be in full force and effect from and after its passage, approval and publication as required by law Section 6: All resolutions or parts thereof in conflict with the provisions of this resolution be and the same are hereby repealed to the extent of such conflict. APPROVED THIS 27th day of April, 2004. Villag President PASSED THIS 27th day of April, 2004. Ayes' Trustees Aktipis, Korin, Yusuf and Zannis Nays None Absent' Trustees Caleel and Craig �F7',,,4 ,•{ %f` d n- S �O � 4 �'z� A' 't 4 •- �'4 l i� i'�C��'� 00