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S-983 - 01/09/2001 - VARIATION - Ordinances Supporting DocumentsJew/ tfamata& ATTORNEY AT LAW 1300 South Main Street Lombard, Illinois 60148 VIA HAND DELIVERY (630) 495 -1700 Fax: (630) 4954424 December 27, 2000 Mr. Robert L. Kallien, Jr. Community Development Director VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523 RE: PERMIT # 00 -2 -616 LOT 17 — OLD OAKBROOK BRIDGE /FOLL Y/WETLAND ENHANCEMENT Dear jLlr. Kallien: With reference to the aforesaid permit issued on November 16, 2000 regarding construction of a Bridge /Folly, pursuant to Ordinances S -964 and S -963, be advised that the on -set of winter has created a cessation of project undertaking until such time as weather permits continuation. Fur your reference, from the date of the Board's Is' extension approval, approximately thirty (30) clays lapsed for certain permit documentation clarification Thereafter on A'ovember 16, 2000, the construction permit was issued and concrete footings for the bridge and folly were to be poured Unfortunately, late cool fall temperatures and repeated rain delays prohibited a truck fi-om entering the flood plain for its completion Further exacerbating the situation were early snow days encountered and sub -=ero temperatures At this juncture, it remains futile to attempt and progress until weather changes occur in late winter /early spring. Once weather and ground conditions improve, there will be a quick resumption of the project, pursuant to the schedule previously %uhmitted to the Village .Accordingly, 1 respectfully request that an additional time extension be granted by the Village Board of Trustees regarding Ordinances S -964 and S -963, predicated on the facts as stated herein Please feel free to give me a call should you have any questions regarding the foregoing Very truly yours, , i JAiVIES S MA TA J.S /p� � vE Of Oq�\ e O y G � COUN11 1/6 Cq - (7- C�e VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60523 -2255 Memorandum PHONE: 630 990 -3000 FAX: 630 990 -0876 DATE: January 3, 2001 W E B S 1 T E: www.oak- brook.org TO: Village President and Board of Trustees FROM: Robert L. Kallien Jr., Community Development Director SUBJECT: January 9, 2001 — Board of Trustees Meeting Samatas — 9 Natoma — Time Exten s* RECOMMENDATION: That the Village Board move to approve an extension to the attached Flood Plain Special Use Ordinance S -964 and Variation Ordinance S -965 until July 1, 2001 to complete construction of the bridge and recreational folly and all required land restoration. On November 14, 2000, Ordinances S -964 and S -965 were amended permitting an extension until December 29, 2000 to complete all required land modifications and construction associated with the approved bridge and recreational folly on the property at 9 Natoma Drive. The owner of the property, Mr. James Samatas has submitted a written request seeking additional time to complete the project (see attached). Since substantial progress has been made by Mr. Samatas to obtain numerous approvals from other governmental agencies, along with some preliminary construction that has been completed, we see no reason to object to an extension until July 1, 2001. Therefore, Staff recommends Board approval of a six -month extension to complete all construction and land restoration associated with the project. If it is your wish to move to approve this request, it would be appropriate to move to approve the attached ordinances for the property at 9 Natoma Drive. Respect , Robert L. Kallien Jr. Community Development Director �J 3) jbRDIN X2001- ZO- V- DU- SWM +FP ORDINANCE AMENDING ORDINANCE S -965 PROVIDING FOR THE SECOND EXTENSION OF THE EXPIRATION DATE OF THE VARIANCE GRANTED THEREIN (9 NATOMA DRIVE, OAK BROOK, IL 60523)• Motion by Trustee Savino, seconded by Trustee Kenny, to adopt Ordinance #2001- ZO- V- DU- SWM +FP -S -983, "An Ordinance Amending Ordinance S -965 Providing for the Second Extension of the Expiration Date of the Variance Granted Therein (9 Natoma Drive, Oak, Brook, IL 60523)," as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: 5 - Trustees Butler, Craig, Kenny, McInerney and Savino. Nays: 0 - None. Absent: - 1 - Trustee Caleel. Motion carried. 4) ORDINANCE #2001- GL- MUN- TX -RR -G -668, AN ORDINANCE IN CONNECTION WITH RIGHTS AND RESPONSIBILITIES RELATED TO LOCALLY IMPOSED AND ADMINISTERED TAXES OF THE VILLAGE OF OAK BROOK, ILLINOIS• During the last legislative session, the Illinois Legislature passed the "Local Government Taxpayers' Bill of Rights Act." Municipal interests, such as the Illinois Municipal League and DuPage Mayors and Managers Conference, and interests representing payers of locally imposed taxes agreed to support this Act which is effective January 1, 2001. The legislative intent for this Act states: "The provisions of this Act are designed to reduce the burden on both taxpayers and tax collectors by specifically providing that fair and consistent tax processes and procedures be adopted and disseminated to taxpayers at the local level, while at the same time preserving local government's full authority to collect taxes are lawfully due under their taxing ordinance." The limitations provided by the Act take precedence over any provisions of any tax ordinance previously adopted by a unit of local government. The Act applies to locally imposed taxes such as the utility tax, the telecommunications tax and hotel tax. Sales taxes are not covered by the Act. Fees collected by a unit of local government are also not covered, with the exception of the Infrastructure Maintenance Fee (IMF). The Village suspended the imposition of the IMF effective January 1, 2001, and increased the telecommunications tax to 3 %. The proposed ordinance provides for audits, late payments, VILLAGE OF OAK BROOK Minutes Page 6 of 12 January 9, 2001 ORD #0 1 -ZO- V-DU-SWM+ FP -S -983 VAR EXT 9 NATOMA DR ORD #01 -GL- MUN-TX- RR -G -668 LOCAL TAX RIGHT & RESP M w. t t impe HICK CARNEY DUPFGE COUNTY RECOflDEZ �d PM JpX.81,2001 OTHER p6 -35- 207 -011 005 PAGES R2001- 017366 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523 -2255 RECORDED DOCUMENT TITLE PAGE Title of Document ORDINANCE 2001- ZO- V- DU- SWM +FP -S -983 AN ORDINANCE AMENDING ORDINANCE S -965 PROVIDING FOR THE SECOND EXTENSION OF THE EXPIRATION DATE OF THE VARIANCE GRANTED THEREIN (9 Natoma Drive, Oak Brook, IL 60523) Property Address /es 9 NATOMA DRIVE, OAK BROOK, IL 60523 (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 ) Pin /s Number 06 -35- 207 -017 Name & Address of Applicant JAMES SAMATAS, 1300 SOUTH MAIN STREET, LOMBARD, IL 60148 Name & Address of Responsible Party to Receive Recorded Document and Billing: G/L Account # to be Charged: JAMES SAMATAS 1300 SOUTH MAIN STREET LOMBARD, IL 60148 1 n -1,1ss Prepared By: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Name & Address of Recipient of Consideration (when applicable): G/L Account # to be Charged Return To: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 N/A ORDINANCE 2001- ZO -V -DU- SWM +FP -S -983 AN ORDINANCE AMENDING ORDINANCE S -965 PROVIDING FOR THE SECOND EXTENSION OF THE EXPIRATION DATE OF THE VARIANCE GRANTED THEREIN (9 Natoma Drive, Oak Brook, IL 60523) WHEREAS, the President and Board of Trustees of the Village of Oak Brook, by Ordinance S- 965, granted to the property described therein 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 on the subject property; and WHEREAS, said variance permits specified land modifications and construction provided that work be completed on or before September 11, 2000; and WHEREAS, the owner of the subject property has petitioned the President and Board of Trustees to extend the deadline by three months; and WHEREAS, the President and Board of Trustees passed Ordinance 2000- ZO -V -DU -SWM -S -975 amending Ordinance S -965 by extending the expiration date to December 29, 2000; and WHEREAS, due to inclement weather, the owner of the subject property was unable to complete the land modifications by December 29, 2000, and has consequently requested that the expiration date be extended to July 31, 2001; and WHEREAS, the President and Board of Trustees 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 Section 3(4) of Ordinance S -965, as amended by Ordinance S -975, is hereby further amended to read as follows: "That all land modifications and construction on the subject property be completed on or before July 31, 2001, in substantial conformity with the Site Plan. This completion date may be extended without public hearings by the President and Board of Trustees upon a showing of necessity by the property owner. Section 3: That all other provisions of Ordinance S -965 are in full force and effect. Section 4: That all ordinances, rules and regulations of the Village of Oak Brook which are in conflict with the provisions of this ordinance are hereby repealed to the extent of the conflict, and only as they apply to the property described in Section 3 of Ordinance S -965. Section 5: That if any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such determination shall not affect the validity of any remaining portion of this ordinance. l • r Ordinance 2001- ZO- V- DU- SWM +FP -S 983 Further Extending Expiration Date of Variance Granted in S -965, Page 2 Section 6: That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS 9th day of January, 2001. Ayes: Trustees Butler, Craig, Kenny, McInerney and Saying Nays: None Absent: Trustee Cal eel Abstain: _None APPROVED THIS 9th day of January, 2001. WIN—@ voli I —1a mngp- -PPr Ps i d e n t ATTEST: A�' ,I C" Ck - S�;� f, h4 4QC vtU, Village Clerk U Approv d as to Form: Village Attorney ', cam' {• � •. ..# 'r �r �� SAMATASSWM Not Published XX Applicant: James and Carlye Samatas Address: 1300 South Main Street Lombard, IL 60148 PIN 06 -35- 207 -017 t r STATE OF ILLINOIS ) SS. COUNTIES OF COOK AND DUPAGE ) I, Linda K. Gonnella, do hereby certify that I am the duly elected and acting Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois. I DO FURTHER CERTIFY that on January 9, 2001 , the corporate authorities of the above municipality passed and approved Ordinance 2001- ZO- V- DU- SWM +FP -S -983 AN ORDINANCE AMENDING ORDINANCE S -965 PROVIDING FOR THE SECOND EXTENSION OF THE EXPIRATION DATE OF THE VARIANCE GRANTED THEREIN (9 Natoma Drive, Oak Brook, IL 60523) I DO FURTHER CERTIFY that the original documents, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same. I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties, Illinois. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 11th day of January 920 01. o �� •par .. „ y " �Y,r aTra. r7 •'��''�.' .n,.eyq •`` ae S' Linda K. Gonnella, CMC Village Clerk Village of Oak Brook DuPage and Cook Counties, IL LEGAL DESCRIPTION 9 Natoma Drive, Oak Brook, IL 60523 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 39 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- 207 -017. •Mv VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60523 -2255 January 31, 2001 MEMO TO- Stephen B. Veitch Richard A. Martens Linda K. Gonnella Dale L. Durfey Robert L.Kallien Darrell Langlois FROM- Linda Andrys SUBJECT Recorded Documents The following documents were recorded on January 31, 2001: v RD -S-193 PHONE. 630 990 -3000 FAX. 630 990 -0 876 W E B S I T E. www.oak -brook org 1 PLAT OF ABROGATION /GRANT OF EASEMENT Northern Illinois Gas/Village of Oak Brook Vacant Land -Oak Brook Rd. (31st Street) and Just East of Entrance to the Oak Brook Sports Core R2001- 017364 Recording Fee $56 00 G/L# to be Charged: 425 -9030 2. ORDINANCE 2000- ZO- SU -FP -S -982 (Tune Extension) James Samatas /9 Natoma Drive, Oak Brook, IL 60523 R2001- 017365 Recording Fee: $19.00 G/L# to be Charged: 10 -1365 ORDINANCE 2001- ZO- V- DU- SWM +FP -S -983 (Tune Extension) James Samatas /9 Natoma Drive, Oak Brook, IL 60523 R2001- 017366 Recording Fee: $19.00 G/L# to be Charged- 10 -1365 4 RELEASE AND WAIVER OF WATER SERVICE LIEN Fernando Perez/ I8W204 Lathrop Lane, Villa Park, IL 60181 R2001- 017367 Recording Fee: $8 00 G/L# to be Charged 121 -7700 5 RELEASE AND WAIVER OF WATER SERVICE LIEN Yvonne Gearlds /18W084 14t' Street, Villa Park, IL 60181 R2001- 017368 Recording Fee- $8 00 G/L# to be Charged: 121 -7700 6 RELEASE AND WAIVER OF WATER SERVICE LIEN Keino Noriega/ I S2 5 0 Stratford Lane, Villa Park, IL 60181 R2001- 017369 Recording Fee- $8.00 G/L# to be Charged. 121 -7700 cc- Official Files /RECDOC /2001 - RECMEMO -01 -31 G'� OF 04-t OPM5 ' r o S °983 ® V Q1 GjkA (... gCFCOUNT VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60523 -2255 PHONE. 630 990 -3000 FAX 630 990 -0 876 W E B S I T E- www oak -brook org March 2, 2001 Mr. James Samatas 1300 South Main Street Lombard, Illinois 60148 Re: Recorded Documents on January 31, 2001 Ordinance 2001- ZO- SU- FP- S- 982/R2001 017365 Ordinance 2001- ZO- V- DU- SWM +FP- S- 983/R2001- 017366 9 Natoma Drive Oak Brook, IL 60523 Dear Mr. Samatas- Copies of the above noted documents are enclosed for your information. These are important records and should be retained in a secure area within your files. If you need any further assistance in this matter, please feel free to contact me at 630 -990 -5770 on Monday through Friday from 9am to 5pm. Sincerely, Linda M Andrys Records Management Clerk Ama Enclosures cc: Dale L Durfey, Village Engineer Robert Kallien, Director of Community Development Official Files t/ S - ft3 /RECDOC /2001 - RECLTR -ORD- 982 +983- SAMATAS