G-625 - 10/27/1998 - ZONING - Ordinances ORDINANCE 98-ZO-MA+R-EX1-G-625
AN ORDINANCE AMENDING THE ZONING MAP
OF THE VILLAGE OF OAK BROOK
(3824 York Road, Oak Brook, IL 60523)
WHEREAS, the property commonly known as 3824 York Road ("Subject Property")consists of
two contiguous parcels improved with a boarded-up service station, the permanent parcel numbers for
which are 06-36-308-013 and 06-36-308-014; and
WHEREAS, the northerly parcel is zoned R-3, Single-Family Detached Residence District, and
the southerly parcel is zoned B-3, General Business District; and
WHEREAS, in 1972 in a case entitled Cities Service Oil Company v Village of Oak Brook 71-
1443-G, the Circuit Court found that with respect to the northerly parcel,"the zoning of the Village of Oak
Brook for residential use is not compatible with the character of the neighborhood and existing uses
therein, and has no tendency to promote the health, safety, morals, convenience and general welfare of
the citizens of the Village of Oak Brook,"and further found that the"general character of the neighborhood
is business"; and
WHEREAS, the Circuit Court's decision was affirmed in Cities Service Oil Company v. Village of
Oak Brook. 15 III.App. 3d 424, 304 N.E.2d 460 (2nd Dist., 1973),wherein the Appellate Court found that
with respect to the northerly parcel the existing uses of the area were basically commercial with
considerable public use for forest preserve purposes, including the historic Graue Mill site, and with
comparatively few residential uses and went on to state: "The area cannot be characterized as solidly
residential, but rather is developing commercial; and any damage to the property of the surrounding area
has already been done by existing commercial use," 15 III.App. 3d at 430; and
WHEREAS, on February 16, 1998, an application was filed with the Village Clerk of the Village of
Oak Brook requesting that the northerly parcel be rezoned from R-3 to B-3, thereby avoiding split zoning
as depicted on the attached map; and
WHEREAS, on February 24, 1998, the corporate authorities referred the application to the Plan
Commission and the Zoning Board of Appeals for public hearings; and
WHEREAS, at its meeting of March 16, 1998,the Plan Commission recommended to the Village
Board that the application be approved; and
WHEREAS, a public hearing was held by the Zoning Board of Appeals on April 7, 1998, pursuant
to due and appropriate legal notice; and
WHEREAS, at the public hearing on April 7, 1998, the Zoning Board of Appeals made certain
findings and recommended to the Village Board that the application be approved; and
WHEREAS, the President and Board of Trustees concur with the Plan Commission and Zoning
Board of Appeals and find that it is in the best interests of the Village that the northerly parcel within the
Village of Oak Brook be rezoned from R-3 to B-3.
i
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:
Rocca-Map Amendment
Ordinance 98-ZO-MA+R-EX1-G-625
Amending the Zoning Map
3824 York Road, Page 2
Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as
though fully set forth herein.
Section 2: The zoning map of the Village of Oak Brook is hereby amended to change the
designation from R-3 to B-3 for the property legally described as follows:
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
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 3: That the Village Clerk is hereby directed to amend the"Official Map of Zoning
Districts of the Village of Oak Brook" in accordance with the map attached hereto, labeled Exhibit
A, and made a part hereof.
Section 4: All ordinances, rules and regulations of the Village of Oak Brook which are in "
conflict with the provisions of this ordinance are hereby repealed to the extent of the conflict and
only as they apply to the specific properties hereinbefore described.
Section 5: That this ordinance shall be in full force and effect from and after its passage, approval
and publication as required by law.
Section 6: That the Village Clerk is hereby authorized and directed to publish this ordinance in
pamphlet form in the manner provided by 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.
Village President
Ordinance 98-ZO-MA+R-EX1-G-6 25
Amending the Zoning Map
3824 York Road, Page 3
11,A 7
!
erk N>
Approved as to Form:
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illage Attorney
Published 10-28-98 Pamphlet form
Date Paper
Not Published
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