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S-1080 - 08/24/2004 - VARIATION - Ordinancesa ORDINANCE 2004- ZO -V -S -1080 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTIONS 13 -6C -3F (1) AND (2) OF TITLE 13 ( "ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO FRONT AND SIDE YARD SETBACK REQUIREMENTS (Chou — 301 Ashley Court, Oak Brook, IL 605231 P I N 06 -34- 201 -076) 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, Joe and Lilly Chou ( "Petitioners ") are the owners of certain property legally described as follows LOT 6 IN WHITEHALL PARK, BEING A SUBDIVISION OF PART OF THE FRACTIONAL SECTION 34, LYING NORTH AND SOUTH OF THE INDIAN BOUNDARY LINE IN TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 30, 1964 AS DOCUMENT R 84- 40190, IN DUPAGE COUNTY, ILLINOIS 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 a side yard setback of not less than forty feet (40') abutting a street, and WHEREAS, the Petitioner has submitted a petition for a variation to reduce the required front and side yard setback to approximately 35 feet for the purpose of constructing a new single - family home on the Subject Property , and WHEREAS, on June 29, 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 • Petitioner has satisfied the standards required by the Zoning Ordinance, • Petitioner has demonstrated unique circumstances, • the hardship of the Petitioner was not of his making, WHEREAS, the Zoning Board of Appeals recommended approval of the requested variation, and 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 i Ordinance 2004- ZO -V -S -1080 Granting Variation from Sec 13- 6B -3F(1) & (2) Page 2 (Chou 06 -34- 201 -076) 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- 6C -3F(1) and (2) of the Zoning Regulations of the Oak Brook Village Code is hereby granted to permit the construction of a new single - family dwelling and allow a front and side yard setback of approximately thirty -five feet (35') along Ashley Court and Covington Court, 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 This Ordinance is limited and restricted to the property commonly known as 301 Ashley Court, Oak Brook, Illinois, P I N 06 -34- 201 -076 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 10th day of August, 2004 Kevin inlan Villa President PASSED THIS 10th day of August, 2004 Ayes Nays Absent ATTEST Linda K GoAnella, CMC' a� Village Clerk 71, T do (J is t!