S-1069 - 05/11/2004 - VARIATION - OrdinancesORDINANCE 2004- ZO -V -S -1069
AN ORDINANCE GRANTING A VARIATION FROM THE
PROVISIONS OF SECTION 13 -6C -3F (1) OF TITLE 13
( "ZONING REGULATIONS ") OF THE VILLAGE CODE
OF THE VILLAGE OF OAK BROOK RELATIVE TO
FRONT YARD SETBACK REQUIREMENTS
(Vinci — 3025 Lincoln Road, Oak Brook, IL 60523 / P I N. 06 -25- 302 -044 )
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, Samuel Vinci ( "Petitioner") is the owner of certain property legally described as
follows.
LOT 5 IN SPORTS CORE/ WESTCHESTER PARK SUBDIVISION, BEING A RESUBDIVISION OF
PART E2 OF THE SOUTHWEST % OF SECTION 25, TOWNSHIP 39 NORTH, RANGE 11, EAST OF
THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER
6, 2002, AS DOCUMENT R 2002 - 302921, IN DUPAGE COUNTY, ILLINOIS
P I N 06 -25- 302 -044
WHEREAS, the Subject Property is located within the R -3 Single - Family Detached Residence
District, the regulations of which require a front yard setback of not less than forty feet (40') in depth, and
WHEREAS, the Petitioner has submitted a petition for a variation to reduce the required front
yard setback to approximately 30 feet for the purpose of constructing a new porch on the single - family
dwelling on the Subject Property ; and
WHEREAS, on April 6, 2004, 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 made the following findings of fact:
• that the Petitioner has satisfied the standards required by the Zoning Ordinance;
• that the Petitioner has demonstrated unique circumstances in that the existing
home presently encroaches into the required front yard;
• that the hardship of the Petitioner was not of his making,
• that the proposed alteration to the home will enhance the value of surrounding
properties, and
• that the requested encroachment will be no greater than the existing
encroachment of the home, and
WHEREAS, the Zoning Board of Appeals recommended approval of the requested variation, and
Ordinance 2004- ZO -V -S -1069
Granting Variation from Sec
13- 6B -3F(1) Page 2 of 2
(Vinci 06 -25- 302 -044)
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 That the recitals hereto are incorporated as part of this ordinance
SECTION 2 That a variation to Section 13- 6C -3F(1) of the Zoning Regulations of the Oak
Brook Village Code is hereby granted to permit the construction of a new porch on the single- family
dwelling and allow a front yard setback of approximately thirty feet (30') subject to the condition that the
new construction shall be in substantial conformance with the plans entered into evidence for
consideration by the Zoning Board of Appeals.
SECTION 3. That this Ordinance is limited and restricted to the property commonly known as
3025 Lincoln Road, Oak Brook, Illinois, P LN 06 -25- 302 -044
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 11th day of May, 2004.
Villag President
PASSED THIS 11th day of May, 2004.
Ayes Trustees Aktipis, Caleel, Craig, Korin and Zannis
Nays. None
Absent: Trustee Yusuf
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