S-965 - 04/25/2000 - VARIATION - Ordinances�t
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ORDINANCE 2000- ZO- V- DU- SWM +FP -S- 965
AN ORDINANCE GRANTING A VARIANCE FROM THE
DU PAGE COUNTY COUNTYWIDE STORMWATER AND FLOOD PLAIN ORDINANC
(9 NATOMA DRIVE, OAK BROOK, IL 60523)
WHEREAS, the Village of Oak Brook has adopted the DuPage County Countywide Stormwater
and Flood Plain Ordinance (the "Ordinance ") as a full waiver community; and
WHEREAS, as a full waiver community, the Village has the responsibility for administration of the
Ordinance within its corporate limits; and
WHEREAS, an application has been filed requesting a variance from the provisions of Section 15-
133.22 of the DuPage County Countywide Stormwater and Flood Plain Ordinance, to permit an accessory
structure ( "recreational folly ") in the floodway of Salt Creek.
WHEREAS, a public hearing on such application has been conducted on April 4, 2000 by the
Zoning Board of Appeals of the Village sating as the Village's Oversight Committee to oversee the
implementation and enforcement of the Ordinance, pursuant to due and appropriate legal notice; and
WHEREAS, in its report dated April 4 2000 the Zoning Board of Appeals made its findings s an
P P � 9 PP 9 d
recommendation to approve the petition; and
WHEREAS, the proposed accessory structure ( "recreational folly ") is not so listed as an
appropriate use as defined by the DuPage County Flood Plain Ordinance and therefore requires the need
for a variance, and
WHEREAS, the corporate authorities of the Village of Oak Brook 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;
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 variance is hereby granted from the provisions of Section 15- 133.22 of Ithe
DuPage County Countywide Stormwater and Flood Plain Ordinance to permit an accessory structure
( "recreational folly ") in substantial conformity with the Site Plan prepared by W -T Engineering, Inc.l, dated
2 -15 -00 and last revised 3 -31 -00 on the property at 9 Natoma Drive, in the Old Oak Brook Subdivision,
which property is legally described as follows
Lot 17 in Old Oak Brook, being a subdivision of part of the Northeast Quarter of Section
35, Township 339 North, Range 11 East of the Third Principal Meridian, according to the
plat thereof recorded December 26, 1984, as Document No R84- 102276 and Certificate
of Correction recorded October 25, 1985 as Document No. R85 -92734 all in DuPage
County, Illinois. Permanent Parcel No. 06 -35- 203 -017
Section 3: That the variance herein granted in Section 2 of this Ordinance is expressly subject to
the following conditions.
Ordinance 2000- ZO- V- DU -SWM +i P -S -965
Granting a Variance from the DuPage
County Countywide Stormwater and Flood
Plain Ordinance, 9 Natoma Drive, I Page 2
(1) That the areas within the dam and sluice gate easement and the access easement, as
defined within the Agreement for Grant of Watercourse Drainage, Access and
Maintenance Easement (recorded as Document No. R84- 102279) shall be kept open and
available for Village maintenance activities. Landscaping may be placed within t ese
areas that does not interfere with the said maintenance as determined by the Village.
Should the applicant place landscaping within said area, it is placed at the applicant's risk
and the Village is not obligated to replace it if it is damaged or removed.
(2) That the applicant provide a letter to the Village permitting the Village to utilize the
proposed bridge for maintenance activities.
(3) That all applicable permits be obtained from the appropriate regulatory agencies,
including the Village of Oak Brook.
(4) That all land modifications and construction on the subject property be completed on or
before September 11, 2000, in substantial conformity with the Site Plan. This co i pletion
date may be extended without public hearings by the President and Board of Trustees
upon a showing of necessity by the property owner. I
(5) That a construction fence be placed along the north property line to keep construction
activity and materials off neighboring property.
(6) That all landscaping, including the Watercourse Drainage, Access and Maintena
Easement, be restored immediately upon completion of construction; and
Section 4: That in the event the property owner fails to meet any of the conditions set forth in
Section 3, this variance shall automatically terminate and be of no further force and effect.
Section 5: That this ordinance shall be in full force and effect from and after passage and
approval pursuant to law.
PASSED THIS day of , 2000.
Ayes: Trustees Butler. cal 1, Craig, Kenny Mr•Tnernpy and Savinn
Nays: None
Absent: None
Abstain: None
APPROVED THIS 9th day of May , 2000
Village Presi nt
ATTEST: �AIr
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Village Clerk % C_J�•�1�-- tj���= '`''�?. :;�?� �;' .
_� e
Ordinance 2000- ZO- V- DU -SWM+
Granting a Variance from the DuP
County Countywide Stormwater a
Plain Ordinance, 9 Natoma Drive,
3 ed as to Form: - ad�
Village Attorney
Published
Date Pape
Not Published xx
Applicant: James and Carlye Sams
Address: 1300 South Main Street
Lombard, IL 60148
PIN 06 -35- 203 -017
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