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S-1155 - 04/25/2006 - VARIATION - OrdinancesORDINANCE 2006-ZO-V-EX1 -S-1 155 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTIONS 13- 12- 3 -E1(b) AND 13- 12 -3 -E4 OF TITLE 13 (`ZONING REGULATIONS') OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO WIDTH OF DRIVEWAYS AND SPACING BETWEEN SEPARATE DRIVEWAY ENTRANCES (Christ Church of Oak Brook, 501 Oak Brook Road, 3202 and 3222 York Road) (06 -36- 100 -004, 06 -36- 100 -005, 06 -36- 100 -006, 06 -36- 107 -001, AND 06 -36- 107 -002) 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, and WHEREAS, Christ Church of Oak Brook ( "Petitioner ") is the owner of certain property legally described in Exhibit A, attached hereto and made a part hereof WHEREAS, the Petitioner submitted a petition for a variation to allow construction of two (2) new right in /right out driveways, one (1) on Oak Brook Road and one (1) on York Road, and WHEREAS, on March 7, 2006 and April 4, 2006 the Zoning Board of Appeals of the Village of Oak Brook conducted public hearings 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 found that the petitioner addressed the factors as required by the Zoning Ordinance for approval of the variations and that the variations would be designed so that the public health, safety and welfare will be protected and there will be no substantial injury to other property in the neighborhood, and WHEREAS, the Zoning Board of Appeals recommended approval of the requested variation, and WHEREAS, the Village Board recommended that the variations be approved, and WHEREAS, the Village President and Board of Trustees concur with the findings and recommendations made by the Zoning Board of Appeals as amended by their recommendation, 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 Sections 13- 12- 3 -E1(b) and 13- 12 -3 -E4 of the Zoning Regulations of Ordinance 2006-ZO-V-EX1 -S-1 155 Granting Variations from Sec 13- 12- 3 -E1(b) & 13- 12 -3 -E4 — 501 Oak Brook Rd, 3022 & 3222 York Rd (06 -36- 100 -004, 06 -36- 100 -005, 06 -36- 100 -006, 06 -36- 107 -001, 06 -36- 107 -002) Page 2 of 3 the Oak Brook Village Code is hereby granted to allow the construction of the new right in /right out driveways, subject to the following conditions 1 To be constructed in substantial conformance with the plats submitted on page L of the case file, and 2 Final County approval, and 3 Final Engineering approval Section 3 This Ordinance is limited and restricted to the property commonly known as 501 Oak Brook Road, 3022 and 3222 York Road, Oak Brook, Illinois, P I N # 06 -36- 100 -004, 06 -36- 100 -005, 06- 36- 100 -006, 06 -36- 107 -001 and 06 -36- 107 -002 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 25th day of April, 2006 Ile" N n Quinlan age President PASSED THIS 25th day of April, 2006 Ayes Trustees Aktipis Craig Kennedy Manofsky, Sanford and Yusuf Nays None Absent None ATTEST 01� ?r�-3;e 1 Linda K Gonnella CMC .+1�c� Village Clerk � ♦V t7 � ,f `r`'at f Ordinance 2006-ZO-V-EX1 -S-1 155 Granting Variations from Sec 13- 12- 3 -E1(b) & 13- 12 -3 -E4 — 501 Oak Brook Rd, 3022 & 3222 York Rd (06 -36- 100 -004, 06 -36- 100 -005, 06 -36- 100 -006, 06 -36- 107 -001; 06 -36- 107 -002) Page 3 of 3 EXHIBIT A 501 Oak Brook Road, 3202 and 3222 York Road, Oak Brook, Illinois, which property is legally described as LOT 1 IN THE CHRIST CHURCH RESUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 9, 1986 AS DOCUMENT NO R86- 107588 IN THE RECORDER'S OFFICE OF DUPAGE COUNTY, ILLINOIS ALSO LOT "B" (EXCEPT THE NORTH 250 00 FEET THEREOF MEASURED ALONG THE EAST LINE) ACCORDING TO THE SURVEY OF PART OF THE WEST HALF OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED NOVEMBER 16, 1897 AS DOCUMENT 65421 IN THE RECORDER'S OFFICE OF DUPAGE COUNTY, ILLINOIS ALSO LOTS 1 AND 2 IN HENRIKSON'S RESUBDIVISION OF THAT PART OF THE WEST HALF OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 4, 1982, AS DOCUMENT NO R82 -45443 IN THE RECORDER'S OFFICE OF DUPAGE COUNTY, ILLINOIS PERMANENT PARCEL NOS 06 -36- 100 -004, 06 -36- 100 -005, 06 -36- 100 -006, 06 -36- 107 -001, AND 06 -36- 107 -002