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S-1225 - 01/22/2008 - ZONING - Ordinances Supporting Documentsq 'vr FA-Z ; 1s ti ITEM 6.I. a ! a s a (.• <ig .n n.. .:K t.. i. n. '..i% »ir ,i� ri. "•.: ro ni, F. .'br.>U #.. , n�iv� �.rmn,/ ../. .,y� %,•3 ..if:. AGENDA ITEM Regular Board of Trustees Meeting of January 22, 2008 SUBJECT: Frank Paul Development Corp. — Dana Park Subdivision — 3111 -3115 Cara Lane — Variation FROM: Robert L. Kallien, Jr., AICP, Community Development Director BUDGET SOURCE /BUDGET IMPACT: N/A RECOMMENDED MOTIONS: I move to approve Ordinance S -1225 which approves a variation to Section 13- 6C -3.F.1 of the Zoning Ordinance to permit 30 -foot front yards and 30 -foot side yards abutting a street for the property commonly known as the Dana Park Subdivision located at 3111 -3115 Cara Lane. Background/History: At the January 8, 2008 meeting, the Village Attorney was directed to prepare the ordinance granting approval of a variation to Section 13- 6C -3.F.1 of the Zoning Ordinance to permit 30 -foot front yards and 30 -foot side yards abutting a street for the property commonly known as the Dana Park Subdivision located at 3111 -3115 Cara Lane Recommendation: Approve Ordinance S -1225. Last saved by GPOLANEK J U -FROM BOB\Bot - PC - ZBA\BOT -Rec -Dana Park - VAR -final action Ordinance- Jan2008 doc W� ORDINANCE 2008 -ZO -V -1225 AN ORDINANCE GRANTING A VARIATION TO THE FRONT YARD AND SIDE YARD SETBACK REQUIREMENTS FOR THE PROPERTY COMMONLY KNOWN AS THE DANA PARK SUBDIVISION IN THE VILLAGE OF OAK BROOK (Cara Lane) (PIN 06 -33- 103 -039, 06 -33- 103 -040, 06 -33- 103 -041 and 06 -33- 103 -042) WHEREAS, an application has been filed by the property owner, Frank Paul Development Corporation (the "Petitioner'), requesting a variation to Section 13 -6C -3 F.1 of the Zoning Ordinance to permit 30 -foot front yards and to Section 13 -6C -3 F 2 to permit a 30 -foot side yard abutting a street for the property commonly known as Dana Park Subdivision; and WHEREAS, on December 4, 2007, the Zoning Board of Appeals conducted a public hearing on the request a for variation, pursuant to due and appropriate legal notice, and recommended approval of the variation subject to certain conditions, and WHEREAS, the Zoning Board of Appeals found that the Petitioner satisfactorily addressed the factors required for approval of the requested variation and made specific findings, including that the variation will not endanger the public health, safety and welfare, and that there will be no substantial injury to other property in the neighborhood, and WHEREAS, the Village President and Board of Trustees have reviewed the recommendation of the Zoning Board of Appeals and deem the variation, as set forth below, to be in the best interests of the Village 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 foregoing preambles are restated and incorporated herein by reference as though fully set forth herein Section 2 The Petitioner is hereby granted a variation to Section 13 -6C -3 F 1 of the Zoning Ordinance to permit 30 -foot front yards and to Section 13 -6C -3 F 2 to permit a 30 -foot side yard abutting a street for the property commonly known as the Dana Park Subdivision Section 3 The variations and the scope of this ordinance are limited and restricted to the property commonly known as the Dana Park Subdivision, which is legally described as follows LOT 1 IN DANA PARK SUBDIVISION, BEING A SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 8, 2006, AS DOCUMENT NUMBER R2006- 024939, IN DUPAGE COUNTY, ILLINOIS Permanent Index Number 06 -33- 103 -039 LOT 2 IN DANA PARK SUBDIVISION, BEING A SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 8, 2006, AS DOCUMENT NUMBER R2006- 024939, IN DUPAGE COUNTY, ILLINOIS Permanent Index Number 06 -33- 103 -040 Ordinance 2008- ZO -V -S -1225 Dana Park Setback Variations Cara Lane 06 -33- 103 -039, 06 -33- 103 -040, 06 -33- 103 -041 and 06 -33- 103 -042 Page 2 of 2 LOT 3 IN DANA PARK SUBDIVISION, BEING A SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 8, 2006, AS DOCUMENT NUMBER R2006- 024939, IN DUPAGE COUNTY, ILLINOIS Permanent Index Number 06 -33- 103 -041 LOT 4 IN DANA PARK SUBDIVISION, BEING A SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 8, 2006, AS DOCUMENT NUMBER R2006- 024939, IN DUPAGE COUNTY, ILLINOIS Permanent Index Number 06 -33- 103 -042 Section 4. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this ordinance Section 5. All ordinances or parts thereof in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict Section 6 This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law Ayes Nays Absent APPROVED THIS 22nd day of January, 2008. John W Craig Village President PASSED THIS 22nd day of January, 2008 ATTEST Charlotte K Pruss Village Clerk Ordinance 2008- ZO- MA -R -S -1224 Dana Pk Map Amend 06 -33- 103 -039, 06 -33 -103 -040, 06 -33 -103 -041 and 06 -33- 103 -042) Page 3 of 3 EXHIBIT A The scope of this ordinance are limited and restricted to the property commonly known as the Dana Park Subdivision, which is legally described as follows LOT 1 IN DANA PARK SUBDIVISION, BEING A SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 8, 2006, AS DOCUMENT NUMBER R2006- 024939, IN DUPAGE COUNTY, ILLINOIS Permanent Index Number 06 -33 -103 -039 LOT 2 IN DANA PARK SUBDIVISION, BEING A SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 8, 2006, AS DOCUMENT NUMBER R2006- 024939, IN DUPAGE COUNTY, ILLINOIS Permanent Index Number- 06 -33 -103 -040 LOT 3 IN DANA PARK SUBDIVISION, BEING A SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 8, 2006, AS DOCUMENT NUMBER R2006- 024939, IN DUPAGE COUNTY, ILLINOIS Permanent Index Number 06 -33 -103 -041 LOT 4 IN DANA PARK SUBDIVISION, BEING A SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 8, 2006, AS DOCUMENT NUMBER R2006- 024939, IN DUPAGE COUNTY, ILLINOIS Permanent Index Number 06 -33- 103 -042 OF UqK\ \?' 69 e A o A 9 � �0UNI Village of ®ak Brook 1200 Oak Brook Road Oak Brook, IL 60523 -2255 Website www.oak - brook.org Administration 630.368.5000 FAX 630 368.5045 Community Development 630.368 5101 FAX 630 368.5128 Engineering Department 630.368.5130 FAX 630.368 5128 Fire Department 630.368.5200 FAX 630.368.5250 Police Department 630 368.8700 FAX 630 368.8739 Public Works Department 630.368.5270 FAX 630.368.5295 Oak Brook Public Library 600 Oak Brook Road Oak Brook, IL 60523 -2200 630.368.7700 FAX 630.368.7704 Oak Brook Sports Core Bath & Tennis Club 700 Oak Brook Road Oak Brook, IL 60523 -4600 630.368 6420 FAX 630 368 6439 Golf Club 2606 York Road Oak Brook, IL 60523 -4602 630.368.6400 FAX 630.368.6419 July 2, 2009 Dana Park, LLC Attention: Mr. Frank Drukas 1220 Heatherton Drive Naperville, IL 60563 Re: Recorded Documents on 4 -23 -09 for Final Plat Dana Park Resubdivision: FINAL PLAT DANA PARK RESUBDIVISION R2009- 060479 RESOLUTION 2008-SD-FP-R-1009 R2009- 060480 ORDINANCE 2008 ZO V S 1225 R2009-060481 SUBDIVISION IMPROVEMENT AGREEMENT R2009- 060482 DECLARATION OF COVENANTS R2009- 060483 31115 3113 and 3115 Cara Lane Oak Brook, Illinois 60523 PIN #06 -33- 103 -0393 06 -33- 103 -0405 06 -33 -103 -041 & 06 -33- 103 -042 Dear Mr. Drukas: Copies of the above noted recorded 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, feel free to contact me at 630- 368-5056 on Monday through Friday from 9am to 5pm. Sincerely, U Linda M. Andrys Records Management Clerk /lma Enclosures cc: Dale L. Durfey, Jr., Village Engineer Robert L. Kallien, Jr., Director of Community Development Official Files d:k'0/S — 12 a..5 /RECDOC /2009 - RECUR -SD -FP -DANA PK RESUB- 3111,3113, &31 l5 CARA LN FRED BUCHOLZ DUPRGE COUNTY RECORDER APR .2372009 4'01 PM OTHER 06 -33- 103 -039 004 PAGES R2009- 060481 (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 200'8- ZO -V -S -1225 AN ORDINANCE GRANTING A VARIATION TO THE FRONT YARD AND SIDE YARD SETBACK REQUIREMENTS FOR THE PROPERTY COMMONLY KNOWN AS THE DANA PARK SUBDIVISION IN THE VILLAGE OF OAK BROOK Property Address /es 3111, 3113 AND 3115 CARA LANE (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.) OAK BROOK, IL 60523 Pin /s Number 06 -33- 103 -039, 06 -33- 103 -040 06 -33- 103 -041, 06 -33- 103 -042 Name & Address of Applicant: FRANK DRUKAS 1220 HEATHERTON DRIVE, NAPERVILLE, IL 60563 Name & Address of Responsible DANA PARK, LLC -FRANK DRUKAS Party to Receive Copy of 1220 HEATHERTON DRIVE Recorded Document and Billing: NAPERVILLE, IL 60563 G/L Account # to be Charged: 10 -1365 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: N/A Return T ': Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 ORDINANCE 2008- ZO -V -S -1225 AN ORDINANCE GRANTING A VARIATION TO THE FRONT YARD AND SIDE YARD SETBACK REQUIREMENTS FOR THE PROPERTY COMMONLY KNOWN AS THE DANA PARK SUBDIVISION IN THE VILLAGE OF OAK BROOK (Cara Lane ) (PIN: 06 -33- 103 -039, 06 -33- 103 -040, 06 -33- 103 -041 and 06 -33- 103 -042) WHEREAS, an application has been filed by the property owner, Frank Paul Development Corporation (the "Petitioner'), requesting a variation to Section 13- 6C -3.F.1 of the Zoning Ordinance to permit 30 -foot front yards and 30 -foot side yards abutting a street for the property commonly known as Dana Park Subdivision; and WHEREAS, on December 4, 2007, the Zoning Board of Appeals conducted a public hearing on the request for variation, pursuant to due and appropriate legal notice, and recommended approval of the variation subject to certain conditions; and WHEREAS, the Zoning Board of Appeals found that the Petitioner satisfactorily addressed the factors required for approval of the requested variation and made specific findings, including that the variation will not endanger the public health, safety and welfare, and that there will be no substantial injury to other property in the neighborhood; and WHEREAS, the Village President and Board of Trustees have reviewed the recommendation of the Zoning Board of Appeals and deem the variation, as set forth below, to be in the best interests of the Village. 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 foregoing preambles are restated and incorporated herein by reference as though fully set forth herein. Section 2: The Petitioner is hereby granted a variation to Section 13- 6C -3.F.1 of the Zoning Ordinance to permit 30 -foot front yards and 30 -foot side yards abutting a street for the property commonly known as the Dana Park Subdivision. Section 3: The variation and the scope of this ordinance are limited and restricted to the property commonly known as the Dana Park Subdivision, which is legally described as follows: LOT 1 IN DANA PARK SUBDIVISION, BEING A SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 8, 2006, AS DOCUMENT NUMBER R2006- 024939, IN DUPAGE COUNTY, ILLINOIS. Permanent Index Number: 06 -33- 103 -039 LOT 2 IN DANA PARK SUBDIVISION, BEING A SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 8, 2006, AS DOCUMENT NUMBER R2006- 024939, IN DUPAGE COUNTY, ILLINOIS Ordinance 2008- ZO -V -S -1225 Dana Park Setback Variations Cara Lane: 06 -33- 103 -039, 06 -33- 103 -040, 06 -33- 103 -041 and 06 -33- 103 -042 Page 2 of 2 Permanent Index Number: 06 -33- 103 -040 LOT 3 IN DANA PARK SUBDIVISION, BEING A SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 8, 2006, AS DOCUMENT NUMBER R2006- 024939, IN DUPAGE COUNTY, ILLINOIS Permanent Index Number: 06 -33- 103 -041 LOT 4 IN DANA PARK SUBDIVISION, BEING A SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCOURDING TO THE PLAT THEREOF RECORDED FEBRUARY 8, 2006, AS DOCUMENT NUMBER R2006- 024939, IN DUPAGE COUNTY, ILLINOIS Permanent Index Number: 06 -33- 103 -042 Section 4: If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not effect any of the other provisions of this ordinance. Section 5: All ordinances or parts thereof in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Section 6: This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. APPROVED THIS 22nd day of January, 2008. PASSED THIS 22nd day of January, 2008. Ayes: Trustees Carson Kennedy Manofsky, Saiyed Sanford and Wolin Nays; I0re a - Absent: None ATTEST: of 0,4're �• ,r- `� Vii' /� /. 'LJ�. '�.� i 4 ; y t Charlotte K. Pruss Village Clerk r y` STATE OF ILLINOIS ) ) SS. COUNTIES OF COOK AND DUPAGE ) I, Charlotte K. Pruss, 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 22, 2008 , the corporate authorities of the above municipality passed and approved Ordinance 2008- ZO -V -S -1225, AN ORDINANCE GRANTING A VARIATION TO THE FRONT YARD AND SIDE YARD SETBACK REQUIREMENTS FOR THE PROPERTY COMMONLY KNOWN AS THE DANA PARK SUBDIVISION IN THE VILLAGE OF OAK BROOK (Cara Lane ) (PIN: 06 -33 -103 -039, 06 -33- 103 -040, 06 -33- 103 -041 and 06 -33- 103 -042) I DO FURTHER CERTIFY that the original document, 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 19th day of February, 2008. Z. ,,{{ 'fir° C'�C'. � �" s'i. „e ter.•.,. b'.i� Charlotte K. Pruss Village Clerk Village of Oak Brook DuPage and Cook Counties, Illinois