S-1194 - 05/22/2007 - ZONING - Ordinances Supporting Documentsk°
III III I I I III III 11111111111111111111111111111
FRED BUCHOLZ
UUPPGE COUNTY RECORDER
MAY 30,2001 3:51 PM
OTHER O6 -Z4- 402 -020
005 PAGES R2007- 100537
(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 2007- ZO -V -S -1194 AN ORDINANCE GRANTING CERTAIN
VARIATIONS FROM THE PROVISIONS OF SECTION 13 -12 -31-1 AND SECTION 13 -12 -4132 OF
TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
RELATIVE TO YARD REQUIREMENTS FOR OFF - STREET PARKING SPACES AND REQUIRED
PERIPHERAL PERMANENT SCREENING ADJACENT TO PARKING AREAS IN A REAR YARD,
AND RELATIVE TO REQUIRED PERIPHERAL PERMANENT SCREENING ADJACENT TO
PARKING AREAS IN A SIDE YARD
Property Address /es 111 WINDSOR DRIVE & 2010 SWIFT DRIVE
(If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.)
OAK BROOK, IL 60523
Pin Number /s 06 -24- 402 -020 and 06 -24- 402 -025
Name & Address of Applicant: OAK BROOK PROPERTIES LLC & 2010 SWIFT DR. INVESTORS
111 WINDSOR DRIVE AND 2010 SWIFT DRIVE, OAK BROOK, IL 60523
Name & Address of Responsible ADT- ATTENTION: PATTI MOELLER
Party to Receive Copy of 111 WINDSOR DRIVE
Recorded Document and Billing: OAK BROOK, IL 60523
G/L Account # to be Charged: 10 -1365
Prepared By: Village of Oak Brook Retur To: Village of Oak Brook
1200 Oak Brook Road 1200 Oak Brook Road
Oak Brook, Illinois 60523 Oak Brook, Illinois 60523
Name & Address of Recipient
of Consideration (when applicable):
G/L Account # to be Charged:
N/A
00 NS* ,
AGENDA ITEM
Regular Board of Trustees Meeting
of
May 22, 2007
SUBJECT: Windsor /Swift Variations
FROM: Barbara Gosselar, Assistant Village Attorney
BUDGET SOURCE /BUDGET IMPACT: N/A
I1113M 6.I.
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RECOMMENDED MOTION: I move for passage of Ordinance S -1194, An Ordinance
Granting Certain Variations From The Provisions Of Section 13 -12 -3h And Section 13-12 -
4b2 Of Title 13 (Zoning Regulations) Of The Village Code Of The Village Of Oak Brook
Relative To Yard Requirements For Off - Street Parking Spaces And Required Peripheral
Permanent Screening Adjacent To Parking Areas In A Rear Yard, And Relative To
Required Peripheral Permanent Screening Adjacent To Parking Areas In A Side Yard
Background /History:
Per recommendation of the Zoning Board of Appeals, I have been directed by the President and
Board of Trustees to draft this Ordinance which requests variations for the property located at
111 Windsor Drive for Oakbrook Properties, LLC to allow parking within the ten (10) foot
required interior rear yard area and to also eliminate the requirement for screening in the rear
yard in order to connect its parking area with the parking area at 2010 Swift Drive. Further, this
Ordinance requests a variation for the property located at 2010 Swift Drive for 2010 Swift Drive
Investors to eliminate the requirement for screening in the side yard in order to connect its
parking area with the parking area at 111 Windsor Drive.
Recommendation:
I recommend that Ordinance S -119 be passed. 9' g -'
ORDINANCE 2007- ZO -V -S -1194
AN ORDINANCE GRANTING CERTAIN VARIATIONS FROM THE PROVISIONS OF
SECTION 13 -12 -3H AND SECTION 13- 12 -4B2 OF TITLE 13 (ZONING REGULATIONS)
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO
YARD REQUIREMENTS FOR OFF - STREET PARKING SPACES AND REQUIRED PERIPHERAL
PERMANENT SCREENING ADJACENT TO PARKING AREAS IN A REAR YARD, AND
RELATIVE TO REQUIRED PERIPHERAL PERMANENT SCREENING
ADJACENT TO PARKING AREAS IN A SIDE YARD
(Oak Brook Properties, LLC and 2010 Swift Drive Investors, 111 Windsor Drive and 2010 Swift Drive,
Oak Brook, Illinois 60523, P.I.N. 06 -24- 402 -020, 06 -24- 402 -025)
WHEREAS, an application has been filed by Oakbrook Properties, LLC (the "Windsor Petitioner "),
requesting certain variations from the provisions of Sections 13- 12 -3.H (Off- Street Parking Regulations --
In Yards) and 13 -12 -4132 (Design and Maintenance — Screening and Landscaping — Side and Rear
Yards) of Title 13 (Zoning Regulations) of the Village Code, as follows: (i) a variation from the required
interior rear yard of ten feet (10') for parking, to allow parking within the ten foot (10') required interior rear
yard area; and (ii) a variation from the required permanent peripheral screening in rear yards adjacent to
parking areas, to eliminate the requirement for screening in the rear yard adjacent to a parking area at
111 Windsor Drive, Oak Brook, Illinois, and to connect the parking area at that location with the parking
area at 2010 Swift Drive, Oak Brook, Illinois; and
WHEREAS, an application has been filed by 2010 Swift Drive Investors (the "Swift Petitioner'),
requesting a certain variation from the provisions of Section 13 -12 -4B2 (Design and Maintenance —
Screening and Landscaping — Side and Rear Yards) of Title 13 (Zoning Regulations) of the Village Code,
which require permanent peripheral screening in side yards adjacent to parking areas, to eliminate the
requirement for screening in the side yard adjacent to a parking area at 2010 Swift Drive, Oak Brook,
Illinois, and to connect the parking area at that location with the parking area at 111 Windsor Drive, Oak
Brook, Illinois; and
WHEREAS, a public hearing on such application has been conducted by the Zoning Board of
Appeals of the Village of Oak Brook on April 3, 2007, pursuant to due and appropriate legal notice; and
WHEREAS, the Zoning Board of Appeals made explicit findings of fact that the variations
requested conform to the standards set forth in Sections 13 -14 -6D 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 the Windsor Petitioner is hereby granted (i) a variation from the required interior
rear yard of ten feet (10') for parking, as provided in Section 13- 12 -3.H (Off- Street Parking Regulations --
In Yards) of Title 13 (Zoning Regulations) of the Village Code of the Village Code of the Village of Oak
Brook, to allow parking within the ten foot (10') required interior rear yard area; and (ii) a variation from
Ordinance 2007- ZO -V -S -1194
Rear Yd for Prkng & Peripheral
Screening for Rear /Side Prkng
111 Windsor Dr & 2010 Swift
06-24-402-020,06-24-402-025
Page 2 of 3
the required permanent peripheral screening in rear yards adjacent to parking areas, as provided in 13-
12 -4132 (Design and Maintenance — Screening and Landscaping — Side and Rear Yards) of Title 13
(Zoning Regulations) of the Village Code of the Village Code of the Village of Oak Brook, to eliminate the
requirement for screening in the rear yard adjacent to a parking area at 111 Windsor Drive, Oak Brook,
Illinois, and to connect the parking area at that location with the parking area at 2010 Swift Drive, Oak
Brook, Illinois.
Section 3: That the Swift Petitioner is hereby granted a variation from the required permanent
peripheral screening in side yards adjacent to parking areas, as provided in Section 13 -12 -4132 (Design
and Maintenance — Screening and Landscaping — Side and Rear Yards) of Title 13 (Zoning Regulations)
of the Village Code, to eliminate the requirement for screening in the side yard adjacent to a parking area
at 2010 Swift Drive, Oak Brook, Illinois, and to connect the parking area at that location with the parking
area at 111 Windsor Drive, Oak Brook, Illinois, Illinois.
Section 4: That the variations granted in Sections 2 and 3 of this Ordinance shall be subject to
the following conditions:
1) Development of the property shall be in substantial conformance with the "Parking
Proposal" prepared by Inter:Work Architects and last revised on April 10, 2007.
2) A perpetual cross - easement shall be granted by the Windsor Petitioner and the Swift
Petitioner to one another for access to and joint use of the parking areas. Such
Petitioners shall provide copies of such easement documents for review and approval by
the Village prior to recording, and shall then provide proof of the recording of such
easement documents prior to issuance of any building permits.
3) Notwithstanding the "Parking Proposal" described in paragraph 1 of this section, the
Windsor Petitioner and the Swift Petitioner shall meet all Village ordinance requirements
at the time of building permit application, except as specifically varied or waived or as
provided in paragraph 4 of this Section.
4) Existing nonconformities on the properties located at 111 Windsor Drive and 2010 Swift
Drive shall be allowed to continue unless and until such properties are redeveloped, at
which time all redevelopment must be in conformance with all Village ordinance
requirements.
Section 5: That this Ordinance is limited and restricted to the properties known as 111 Windsor
Drive and 2010 Swift Drive, Oak Brook, Illinois, which properties are legally described as follows:
111 Windsor Drive:
Lot 1 in Oakbrook Development Company's Subdivision No. 1, of parts of lot 1 and a vacated part
of public street in Butler Company —M- I Inc. Assessment Plat no. 4, situated in the Southeast
quarter of Section 24, Township 39 North, Range 11 East of the Third Principal Meridian,
according to the Plat thereof recorded June 11, 1968 as document R68- 23922, in DuPage
County, Illinois.
PIN NO: 06 -24- 402 -020
r Ordinance 2007- ZO -V -S -1194
Rear Yd for Prkng & Peripheral
Screening for Rear /Side Prkng
111 Windsor Dr & 2010 Swift
06 -24- 402 - 020,06 -24- 402 -025
Page 3 of 3
2010 Swift Drive:
Lot 2 in Oak Brook Development Company's Subdivision No. 1, a Subdivision in the Southeast
quarter of Section 24, Township 39 North, Range 11, East of the Third Principal Meridian,
according to the Plat thereof recorded June 11, 1968 as Document R68- 23922, in DuPage
County, Illinois.
PIN NO: 06 -24- 402 -025
Section 6. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of the conflict.
Section 7. 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 May, 2007.
n W. Craig
AVIillage President
PASSED THIS 22nd day of May, 2007.
Ayes: Trustees Carson Kennedy, Manofsky, Saiyed Sanford and Wolin
Nays
None
Absent: None
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ATTEST:
Charlotte K. Pruss
Village Clerk
e
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 May 22, 2007 , the corporate authorities
of the above municipality passed and approved
Ordinance 2007- ZO -V -S -1194,
AN ORDINANCE GRANTING CERTAIN VARIATIONS FROM THE PROVISIONS OF
SECTION 13 -12 -3H AND SECTION 13 -12 -4132 OF TITLE 13 (ZONING REGULATIONS)
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO
YARD REQUIREMENTS FOR OFF - STREET PARKING SPACES AND REQUIRED
PERIPHERAL PERMANENT SCREENING ADJACENT TO PARKING AREAS IN A REAR
YARD, AND RELATIVE TO REQUIRED PERIPHERAL PERMANENT SCREENING
ADJACENT TO PARKING AREAS IN A SIDE YARD
(Oak Brook Properties, LLC and 2010 Swift Drive Investors, 111 Windsor Drive and 2010 Swift
Drive, Oak Brook, Illinois 60523, P.I.N. 06 -24- 402 -020, 06 -24- 402 -025)
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 25th day of May
=• �- Charlotte K. Pruss
Village Clerk
Village of Oak Brook
` tee° DuPage and Cook Counties, Illinois