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S-1199 - 06/26/2007 - ZONING - OrdinancesORDINANCE 2007- ZO -V -S -1199 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13 -3 -5 OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO SETBACK REQUIREMENTS ALONG STREETS (11 Dover Drive, Oak Brook, Illinois 60523, P I.N. 06 -25- 201 -007) WHEREAS, an application has been filed requesting variation from the provisions of Section 13- 3-5 (Setbacks Along Streets) of Title 13 (Zoning Regulations) of the Village Code The Petitioner is requesting a variation from the requirement of a one hundred feet (100') setback on York Road as provided in Section 13 -3 -5 to approximately twenty -one feet (21') from the rear property line and approximately fifty -seven feet (57') from the eastern edge of York Road, to allow for the construction of a detached garage in the rear yard of the property commonly known as 11 Dover Drive, Oak Brook, Illinois, legally described below; and WHEREAS, a public hearing of such application has been conducted by the Zoning Board of Appeals of the Village of Oak Brook on June 5, 2007 pursuant to due and appropriate legal notice; and WHEREAS, the said Zoning Board of Appeals made explicit findings of fact that the variation requested conform to the standards set forth in Sections 13 -14 -6D and 13 -3 -5 of the Village Code, and WHEREAS, the Village President and Board of Trustees concur with the recommendations and findings made by the Zoning Board of Appeals; 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 variation is hereby granted from the provisions of Section 13 -3 -5 of the Village Code of the Village of Oak Brook to permit construction of a detached garage and allow an encroachment into the required one hundred foot (100') setback on York Road to approximately twenty -one feet (21') from the rear property line, subject to the following conditions 1 The development is to be constructed in substantial conformance with the site plans as submitted and approved under permit number 07 -2 -210, as shown on pages J, K and L of the case file, 2 Notwithstanding the exhibits contained in the case file, the applicant shall meet all Village ordinance requirements in the building permit process; 3 Any engineering requirements should be discussed with the Village Engineer. Section 3 That this Ordinance is limited and restricted to the property known as 11 Dover Drive, Oak Brook, Illinois, which property is legally described as follows: LOT 68 IN YORK WOODS, BEING A SUBDIVISION OF PART OF THE EAST ONE -HALF OF SECTION 25, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED October 5, 1962 AS DOCUMENT R62- 35479, IN DUPAGE COUNTY, ILLINOIS. PERMANENT INDEX NUMBER 06 -25- 201 -007 Ordinance 2007- ZO -V -S -1199 Granting Variation from Required York Road Setback (Hu) (11 Dover Dr , 06 -25- 201 -007) Page 2of2 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 26th day of June, 2007. PASSED THIS 26th day of June, 2007. Ayes Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin Nays. None Absent. None CQLB a�� �^ A ATTEST. I Charlotte K. Pruss Village Clerk