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S-1103 - 02/08/2005 - ZONING - OrdinancesORDINANCE 2005- ZO -V -S -1103 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13- 10A -3C(2) OF TITLE 13 ( "ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO SIDE YARD SETBACK REQUIREMENTS (12222 d Street, Oak Brook, IL 60523 / P.I.N. 06 -24- 404 -010) WHEREAS, the Village of Oak Brook has heretofore adopted an ordinance setting forth the Zoning Regulations for the Village of Oak Brook in Title 13 of the Village Code; and WHEREAS, Section 13 -14 -6 of the Village Code sets forth the authority and standards of the granting of variations to the Zoning Regulations; WHEREAS, C.S.A. Fraternal Life ( "Petitioner ") is the owner of certain property legally described as follows: Lot 1 of Bliss and Laughlin Industries Subdivision in part of the Southeast Quarter of Section 24, Township 39 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded November 3, 1977 as Document R77-101103, in DuPage County, Illinois; and WHEREAS, the Subject Property is located within the ORA -1 Office - Research - Assembly District, the regulations of which require a side yard setback of not less than thirty feet (30') in depth; and WHEREAS, the Petitioner has submitted a petition for a variation to reduce the required side yard setback to accommodate a subdivision of the Subject Property; and WHEREAS, on January 4, 2005, the Zoning Board of Appeals of the Village of Oak Brook conducted a public hearing at the Oak Brook Village Hall, 1200 Oak Brook Road, Oak Brook, Illinois in connection with the aforesaid petition, after due and appropriate legal notice was given; and WHEREAS, the Zoning Board of Appeals specifically considered the standards set forth in Section 13 -14 -6 (D) of the Village Code and recommended approval of the requested variation; and WHEREAS, the Village President and Board of Trustees concur with the findings and recommendations made by the Zoning Board of Appeals; and WHEREAS, all applicable requirements of Section 13 -14 -6 of the Village Code relating. to the granting of variations to the Zoning Regulations have been met. 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. The recitals hereto are incorporated as part of this ordinance. Section 2. A variation to Section 13- 10A -3C(2) of the Zoning Regulations of the Oak Brook Village Code is hereby granted to accommodate the Final Plat of Subdivision known as the CSA Fraternal Life Resubdivision subject to the following conditions: 1. The thirty (30) foot side yard setback will be reduced to allow a zero foot (0') side yard Ordinance 2005- ZO -V -S -1103 Granting Variation from Sec. 13- 10A -3C(2) Page 2 (06 -24- 404 -010, 122 22 rd St.) setback for each lot for approximately fourteen feet (14'), which is the extent of the covered walkway, and a 25.9 foot setback for the remainder of both lots in substantial conformance with the plan on page G of the case file. 2. In the event that any portion of the covered walkway is removed, the entire walkway is to be removed and the side yard setback would be 25.9 feet for each lot. 3. The variation is subject to the approval of the Final Plat of Subdivision. Section 3. This Ordinance is limited and restricted to the property commonly known as 122 22nd Street, Oak Brook, Illinois, P.I.N. 06 -24- 404 -010. Section 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict. Section 5. This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. APPROVED THIS 8th day of February, 2005. _ a Kevi Quinlan Vill ge President PASSED THIS 8th day of February, 2005. Ayes: Trustees Aktipis, Craig, Korin, Yusuf Nays: None Absent: Trustees Caleel and Zannis ATTEST: Linda K. Gonnella, CMC Village Clerk