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S-1209 - 09/25/2007 - ZONING - Ordinances Supporting Documents�T J 1 ITIM 6XI.1) I AGENDA ITEM Regular Board of Trustees Meeting of June 19, 2007 SUBJECT: Referral - InSite Oak Brook Limited Partnership - 1603 16th Street - Special Use for Drive -thru Banking Facility FROM: Robert L. Kallien, Jr., AICP, Community Development Directo f BUDGET SOURCE /BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to refer the request for a Special Use to the July 16, 2007 meeting of the Plan Commission and to the Zoning Board of Appeals for public hearing at its June 25, 2007 meeting. Background/History: InSite Oak Brook Limited Partnership, the owner of 1603 16th Street has submitted a petition seeking approval of a special use for a drive -thru banking facility. Recommendation: Please refer the request for a special use to the July 16, 2007 Plan Commission meeting and to the August 7, 2007 Zoning Board of Appeals meeting. BOT- Referral -1603 16th Street- SU- 2007.doc AGENDA ITEM Regular Board of Trustees Meeting of July 10, 2007 z ITEM 6.(,.1) SUBJECT: Referral - InSite Oak Brook Limited Partnership - 1603 16th Street - Variation FROM: Robert L. Kallien, Jr., AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to refer the request for a Variation to the Zoning Board of Appeals for public hearing at its August 7, 2007 meeting. Background/History: InSite Oak Brook Limited Partnership, the current owner of the property located at 1603 16th Street has submitted a petition seeking approval of a variation to Section 13- 7A- 3.c.l.c of the Zoning Ordinance to permit the construction of a new banking facility in a required yard. Recommendation: Please refer the request for a Variation to the Zoning Board of Appeals for public hearing at its August 7, 2007 meeting. BOT- Referral -1603 16th- VAR -Ju ly2007.doc 1 � r I'1'l:M 6.M. AGENDA ITEM Regular Board of Trustees Meeting of September 25, 2007 SUBJECT: Variation -- InSite/Fifth Third Bancorp FROM: Mark H. Sterk, Village Attorney /rak BUDGET SOURCE /BUDGET IMPACT: None RECOMMENDED MOTION: I move to pass Ordinance S -1209, An Ordinance Granting a Variation from the Provisions of Section 13- 7A -3C -1C of Chapter 7 (Business Districts: B1 Local Shopping Center District) of Title 13 (Zoning Regulations) of the Village Code of the Village of Oak Brook Relative to Lot Area Requirements: Yards Background /History: Per recommendation of the Plan Commission and the Zoning Board of Appeals, the President and Board of Trustees have directed the Village Attorney to draft this Ordinance which requests that a variation be granted pertaining to district boundary encroachment for the property owned by the InSite Oak Brook Limited Partnership, located at 1603 16th Street. Recommendation: I recommend that this Ordinance be considered for passage. I'm I FRED BUCH OUPpGE COUNTY RECORDER ocT.sa.zoa7 3:51 PM 004 PAGES H2O0722 193307 (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 -1209 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13- 7A -3C -1 C OF CHAPTER 7 (BUSINESS DISTRICTS: B1 LOCAL SHOPPING CENTER DISTRICT) OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO LOT AREA REQUIREMENTS YARDS roperty Address /es 160316 TH STREET (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 ) OAK BROOK, IL 60523 Pin Number /s 06 -22- 409 -003 AND 06 -22- 409 -013 Name & Address of Applicant: INSITE OAK BROOK LP & FIFTH THIRD BANCORP 1603 16 STREET, OAK BROOK, IL 60523 ame & Address of Responsible INSITE REAL ESTATE ATTENTION. TOM CERVENKA arty,to Receive Copy of 1603 16 STREET ecorded Document and Billing. OAK BROOK, IL 60523 /L Account # to be Charged: 10 -136§ repared By Village of Oak Brook 1200 Oak Brook Road .Oak Brook, Illinois 60523 ;i ame & Address of Recipient F Consideration (when applicable). /L Account # to be Charged: N/A Return To: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 ..1 a ORDINANCE 2007- ZO -V -S -1209 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13- 7A -3C -1C OF CHAPTER 7 (BUSINESS DISTRICTS: B1 LOCAL SHOPPING CENTER DISTRICT) OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO LOT AREA REQUIREMENTS: YARDS (InSite Oak Brook Limited Partnership and Fifth Third Bancorp 1603 16th Street, Oak Brook, Illinois 60523, PIN'S 06 -22- 409 -003 and 06 -22- 409 -013) WHEREAS, an application has been filed by InSite Oak Brook Limited Partnership and Fifth Third Bancorp (the "Petitioners "), requesting a variation from the provisions of Section 13- 7A -3C -1 C (Lot Area Requirements), which require that any structure be sixty feet (60') from any other district boundary, to allow a drive -in banking facility approximately two feet (2') from the south property line of lot 1, which is located within the corporate limits of the Village of Oak Brook, and approximately thirty -seven feet (37') north of the southern most boundary of the north half of lot 3, which is located within the corporate limits of the City of Oakbrook Terrace, all at 1603 16th Street, and legally described herein (the "Subject Property "), and WHEREAS, a public hearing on such application has been conducted by the Zoning Board of Appeals of the Village of Oak Brook on August 22, 2007, pursuant to due and appropriate legal notice; and WHEREAS, the Zoning Board of Appeals made explicit findings of fact that the variations requested for the Subject Property conforms 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 Petitioner is hereby granted a variation from the provisions of Section 13 -7A- 3C-1 C (Lot Area Requirements), which require that any structure be sixty feet (60') from any other district boundary, to allow a drive -in banking facility approximately two feet (2') from the south property line of lot 1, which is located within the corporate limits of the Village of Oak Brook, and approximately thirty -seven feet (37') north of the southern most boundary of the north half of lot 3, which is located within the corporate limits of the City of Oakbrook Terrace Section 3. That the variation granted in Section 2 of this Ordinance shall be subject to the following conditions. 1. Development in accordance with the plans as submitted (page L2) of the case file) which depict a setback of approximately seventy -two point six feet (72 6') for the building and a setback of approximately forty -two point twenty -five feet (42.25) for the drive -thru canopy, and i y � r r Ordinance 2007- ZO -V -S -1209 Boundary Variation 160316 th Street PIN'S 06 -22- 409 -003 and 06 -22- 409 - -01 Page 2 of 2 2 Notwithstanding the exhibits contained in the case file, the Applicant shall meet all Village ordinance requirements at the time of building permit application except as specifically varied or waived Section 4• That this Ordinance is limited and restricted to the Subject Property, which is commonly known as 1603 16th Street, Oak Brook, Illinois, Oak Brook, Illinois, and which is legally described as follows• PARCEL 1 LOT 1 IN TOWN AND COUNTRY RESUBDIVISION, BEING A RESUBDIVISION OF LOTS 1 AND 2 IN BLOCK 1 IN TOWN DEVELOPMENT COMPANY'S ELMHURST COUNTRYSIDE UNIT NUMBER THREE, BEING A SUBDIVISION IN THE SOUTH EAST '/4 OF SECTION 22, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID RESUBDIVISION RECORDED SEPTEMBER 8, 1988 AS DOCUMENT R88- 101855, IN DUPAGE COUNTY, ILLINOIS. PARCEL 2 THE NORTH Y2 OF LOT 3 IN BLOCK 1 IN TOWN DEVELOPMENT COMPANY'S ELMHURST COUNTRYSIDE UNIT NUMBER THREE, BEING A SUBDIVISION IN THE SOUTH EAST % OF SECTION 22, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID RESUBDIVISION RECORDED NOVEMBER 13, 1945 AS DOCUMENT 487163, IN DUPAGE COUNTY, ILLINOIS PIN'S 06 -22- 409 -003 and 06 -22- 409 -013 Section 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the 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 25th day of September, 2007 PASSED THIS 25th day of September, 2007 Ayes- Trustees Carson, Kennedy Manofsky, Saiyed, Sanford and Wolin Nays: None Absent None Charlotte K. Pruss Village Clerk �M 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 September 25, 2007 , the corporate authorities of the above municipality passed and approved Ordinance 2007- ZO -V -S -1209, AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13-7A-3C-1C OF CHAPTER 7 (BUSINESS DISTRICTS: B1 LOCAL SHOPPING CENTER DISTRICT) OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO LOT AREA REQUIREMENTS: YARDS (InSite Oak Brook Limited Partnership and Fifth Third Bancorp 1603 16th Street, Oak Brook, Illinois 60523, PIN'S 06 -22- 409 -003 and 06 -22- 409 -013) 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 9th day of October, 2007 0� ®4�� ©l f Charlotte K Pruss Village Clerk Village of Oak Brook DuPage and Cook Counties, Illinois GE OF 04� P *9 o A A A � 9CF�0UNT4 Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 -2255 Website Aammistration 630 368 5000 FAX 630 368 5045 Community Development 630 368 5101 FAX 630 368 5128 ngineering 630 368 5130 FAX 630 368 5128 Fire Department 630 368 5200 WC 630 368 5250 Police Department 630 368 8700 FAX 630 368 8739 Public Works Department 630 368 5270 FAX 630 368 5295 i Oak Brook Public Library 600 10ak Brook Road Oak Brook, IL 60523 -2200 630 368 7700 FAX 630 368 7704 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 1 U. F — o Xis S -1 Zo1 February 18, 2008 InSite Oak Brook Limited Partnership Attention: Mr. Tom Cervenka 1603 16th Street Oak Brook, IL 60523 Re: Recorded Documents on October 24, 2007 ORDINANCE 2007- ZO -V -S -I 195/R2007- 193302 ORDINANCE 2007- ZO- SU- S- 1208/R2007- 193306 ORDINANCE 2007- ZO- V- S- 1209/R2007- 193307/ 1603 16TH Street Oak Brook, IL 60523 Dear Mr. Cervenka: 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, 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 &R1-'*� o S. 1 2-x> 1 /RECDOC /2008- RECLTR -ORD 2007- ZO- V +SU- S- 1195,S- 1208 +S - 1209- INSITE -1603 16TH ST