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S-1087 - 11/09/2004 - VARIATION - Ordinances Supporting Documentss ' t J.P. "RICK" CARNEY OUPgGE COUNTY RECORDER f10V.1112000 3: 47 PM OTHER 06- 20- 402 -036 005 PAGES R2004- 293144 (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 2004- ZO -V -S -1087 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 12 -3H.2 OF TITLE 13 ( "ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO OFF - STREET PARKING SPACES 970 Pauly L L C and CF2020 Swift L L C — 2020 Swift Drive, Oak Brook, IL 60523)(P.I N. #06 -24- 402 -036) Property Address /es: 2020 SWIFT DRIVE, OAK BROOK, IL 60523 (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 ) Pin /s Number 06 -24- 402 -036 Name & Address of Applicant KEITH SHERRY, 7449 NORTH NATCHEZ, #100, NILES, IL 60714 Name & Address of Responsible KEITH SHERRY Party to Receive Recorded 7449 NORTH NATCHEZ, #100 Copy of Document and Billing: NILES IL 60714 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 Return Tol Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 N/A AGENDA ITEM Regular Board of Trustees Meeting of November 9, 2004 SUBJECT: Variation - 2020 Swift Drive FROM: Kenneth T. Kubiesa, Village Attorney BUDGET SOURCE /BUDGET IMPACT: None .5 y s r RECOMMENDED MOTION: I move to pass Ordinance 2004- ZO -V -S -1087, granting a variation to 970 Pauly, L.L.C. and CF2020 Swift, L.L.C. to allow twenty -seven (27) parking spaces in the front yard setback while maintaing a setback of fifty feet (501) from Swift Road. Background/History: The building at 2020 Swift Drive is vacant and has been for some time. This variation will enable the owner to revitalize the building and create a new parking area. The new parking area will contain twenty -seven (27) parking spaces that will be set back fifty feet (50') from Swift Road. The ordinance granting the variation imposes a condition that the new parking area is properly landscaped and imposes a condition that the owner build at least a three foot berm to limit the visual impact of the new parking lot along Swift Drive. Recommendation: I recommend that Ordinance 2004 -ZO -S -1087 be passed. Last saved by m-imbo I \ADMIN \ikane \WORDDOC\BOARD MEMOSWanation - 2020 Swift Road doe Last pi anted 11/5/2004 1 22 PM 4 REGULAR BOARD OF TRUSTEES MEETING OF OCTOBER 12 2004 CONTINUED FROM OCTOBER 26, 2004 MEETING Motion by Trustee Korin, seconded by Trustee Yusuf, to approve the Minutes of the Regular Board of Trustees Meeting of October 12, 2004 continued from October 26, 2004 meeting. VOICE VOTE: Motion carried. REGULAR BOARD OF TRUSTEES MEETING OF OCTOBER 26.2004 Motion by Trustee Korin, seconded by Trustee Yusuf, to approve the Minutes of the Regular Board of Trustees Meeting of October 26, 2004 VOICE VOTE Motion carried. D5- CONSENT AGENDA. All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. Motion by Trustee Aktipis, seconded by Trustee Yusuf, to approve the Consent Agenda and authorize expenditures as presented or amended ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis. Nays • 0 - None Absent: 1 - Trustee Caleel. Motion carried. A. ACCOUNTS PAYABLE FOR PERIOD ENDING NOVEMBER 5 2004 - $516,781 96 Significant Items included in Above - 1) James D. Fiala Paving — Payout #6 — 2004 Paving Project - $73,363.39 2) Rocks -Ann Construction, Inc — Payout #1 — 2004 Water Main and Drainage Project - $79,375.50 B APPROVAL OF PAYROLL FOR PAY PERIOD ENDING OCTOBER 23 2004 - $595,60060 C. CONDAUNITY DEVELOPMENT REFERRALS 1) WITBDRAWAL OF GVA WILLIAMS — 814 COMMERCE — TEXT AMENDMENT — OFF STREET PARKING PETITION 2) 814 COMMERCE LLC - VARIATION D AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE CONTRACTS - None. VILLAGE OF OAK BROOK Minutes Page 3 of 13 November 9, 2004 H, /l a E. AUTHORIZATION TO HIRE, PROMOTE OR REASSIGN DUTIES OF VILLAGE EMPLOYEES - None F. BUDGET ADJUSTMENTS G. CHANGE ORDER #3 — 2004 PAVING PROJECT - $4,788 00 — JAMES D FIALA PAVING CO, INC — REVISED TOTAL CONTRACT AMOUNT - $938,767 39 H. ORDINANCE 2004- ZO -V -S -1087, AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 12 -3H.2 OF TITLE 13 ( "ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO OFF - STREET PARKING SPACES ( 970 PAULY LLC — CF 2020 SWIFT LLC — 2020 SWIFT DRIVE, OAK BROOK., IL 60523) (P.I.N #06- 24- 402 -030 I. ORDINANCE 2004- ZO- SU- HE- EX1 -S_- 1.088, AN ORDINANCE GRANTING A SPECIAL USE FOR A HELIPORT AT 2001 YORK ROAD (CENTER POINT PROPERTIES TRUST ON BEHALF OF YORK ROAD PROPERTIES — 2001 YORK ROAD, OAK BROOK, IL 60523 — P I.N. #S_ 06 -24- 403 -008, 06 -24- 403 -009, 06 -24- 403 -010) J. ORDINANNCE 2004- ZO -TA -G -764, AN ORDINANCE AMENDING CHAPTER 14 (ADMINISTRATION AND ENFORCEMENT) OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS RELATIVE TO PUBLIC HEARING NOTIFICATION ITEMS REMOVED FROM CONSENT AGENDA - None 7. BOARD & COMNIISSION RECOMMENDATIONS - None. 8. UNFINISHED BUSINESS: A CONFIRMATION OF APPOINTMENTS - None. B ORDINANCES & RESOLUTIONS 1) ORDINANCE 2004- LC -TA -G -765 AN ORDINANCE AMENDING SECTION 7C (1 -2) (TAXICAB VEHICLE REQUIREMENTS /CONDITION_ OF TAXICABS) OF CHAPTER 2 (VEHICLES FOR HIRE) OF TITLE 4 (BUSINESS AND LICENSE REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS VILLAGE OF OAK BROOK Minutes Page 4 of 13 November 9, 2004 F. r F, ORDINANCE 2004- ZO -V -S -1087 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 12 -3H.2 OF TITLE 13 ( "ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO OFF - STREET PARKING SPACES (970 Pauly L L C and CF2020 Swift L L C — 2020 Swift Drive, Oak Brook, IL 60523) (P I N # 06 -24- 402 -036) 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, and WHEREAS, 970 Pauly L L C and CF 2020 Swift L L C ( "Petitioners ") are the owners of certain property legally described as follows Parcel 1- Lot 1 in Oak Brook Development Company Assessment Plat No 2, in Section 24, Township 39 North, Range 11, East of the Third Principal Meridian, according to the Plat thereof recorded February 15, 1967 as Document R67 -4302, in DuPage County, Illinois Parcel 2- That part of Lot 1 as shown on Butler Company M -1 Inc Assessment Plat No 4, in Southeast Quarter of Section 24, Township 39 North, Range 11, East of the Third Principal Meridian, the Plat of which was recorded in the Recorder's Office of DuPage County, Illinois on July 8, 1964 as Document No R64- 24071, bounded by a line described as follows: Commencing at the intersection of the Westerly line of said Lot 1 and the center line of a 25 foot utility easement shown as heretofore dedicated by Document R64 - 11028; thence Northerly along the Westerly line of said Lot 1, being the arc of a circle convex to the northeast and having a radius of 5,906 58 feet, a distance of 257 20 feet, arc measure, the chord of said arc bearing North 35 degrees 01 minutes 03 seconds West for a place of beginning, thence continuing Northerly along the Westerly line of said Lot 1, as aforesaid a distance of 122 77 feet , are measure, the chord of said arc bearing North 36 degrees 51 minutes 40 seconds West, thence North 65 degrees 19 minutes 41 seconds East, 400 85 feet to a point on the Westerly line of Swift Drive, heretofore dedicated by Document R64- 11028; said West line being a curved line convex to the West and having a radius of 605 96 feet, thence South and East along said curved line a distance of 33 02 feet are measure, the chord of said arc bearing South 23 degrees 06 minutes 40 seconds East to a point of tangent in the Westerly line of Swift Drive, thence continuing along the Westerly line of Swift Drive south 24 degrees 40 minutes 19 seconds East, 87 0 feet, thence south 65 degrees 19 minutes 41 seconds West, 374.03 feet to the place of beginning, in DuPage County, Illinois WHEREAS, the Subject Property is located within the ORA -1, Office- Research - Assembly District, the regulations of which limit parking in the front yard setback to six spaces and which require that the spaces be setback not less than twenty -five feet (25') from a street line, and WHEREAS, the Petitioner submitted a petition for a variation to allow thirty -two (32) parking spaces in the front yard setback with a setback from Swift Road of forty -five feet (45'), and - F- Ordinance 2004- ZO -V -S -1087 Granting Variation from Sec 12-31-12, Off - street Parking Page 2 of 3 (970 Pauly, 2020 Swift 06-34-201-076) WHEREAS, on September 7, 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 found that the petitioner addressed the factors as required by the Zoning Ordinance for approval of a variation and that the variation would be designed so that the public health, safety and welfare will be protected and there will be no substantial injury to other property in the neighborhood, and WHEREAS, the Zoning Board of Appeals also found that the circumstances of petitioner are unique in that the presence of the existing drive aisle and six parking spaces which now encroach approximately forty feet into the Swift Road setback lessen the overall impact that the variation and new parking spaces will have on the neighborhood, and WHEREAS, the Zoning Board of Appeals recommended approval of the requested variation, and WHEREAS, the Village Board recommended that the setback from Swift Road be fifty feet (50'), and WHEREAS, the petitioner has submitted a new plan providing for twenty -seven (27) parking spaces and a setback of fifty feet (50') from Swift Road, and WHEREAS, the Village President and Board of Trustees concur with the findings and recommendations made by the Zoning Board of Appeals as amended by their recommendation, 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 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 Section 13 -12 -3H 2 of the Zoning Regulations of the Oak Brook Village Code is hereby granted to allow twenty -seven (27) parking spaces in the front yard setback while maintaining a setback of fifty feet (50') from Swift Road subject to the following conditions The proposed parking lot and building reconfiguration shall be constructed in substantial conformance with the site plan prepared by Heitman Architects, Inc dated October 12, 2004 (Page 17 of the case file) The proposed landscaping for the new 27 parking space parking lot along Swift Drive shall be designed and constructed in substantial conformity with the landscape exhibit submitted as page L of the case file prepared by Gary R Weber Associates, Inc Petitioner shall construct at least a three foot (3') high berm in addition to the proposed landscape screening Ordinance 2004- ZO -V -S -1087 Granting Variation from Sec 12-31-12, Off - street Parking Page 3 of 3 (970 Pauly, 2020 Swift 06 -34- 201 -076) SECTION 3 This Ordinance is limited and restricted to the property commonly known as 2020 Swift Drive, Oak Brook, Illinois, P I N # 06 -24- 402 -036 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 9th day of November, 2004 Kevin Quinlan Village President PASSED THIS 9th day of November, 2004 Ayes Trustees Aktipis, Craig, Korin, Yusuf and Zannis Nays None Absent Trustee Caleel A' ° ��'� •�' ATTEST DEG- - 4 Linda K Gonnella, CMC G•�'"'' �``„; Village Clerk i T � 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 November 9, 2004 , the corporate authorities of the above municipality passed and approved Ordinance 2004- ZO -V -S -1087 , AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 12 -3H.2 OF TITLE 13 ( "ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO OFF- STREET PARKING SPACES (970 Pauly L.L.C. and CF2020 Swift L.L.C. - 2020 Swift Drive, Oak Brook, IL 60523) (P.I.N. #06 -24- 402 -036) 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 15th day of November , 2094. 1 u% K. Gonnella, CMC lage Clerk lage of Oak Brook Page and Cook Counties, IL Of U A,' B,P . o o - G f O 9G,�COu VILLAGE OF OAK BROOK Interoffice Memorandum DATE: December 3, 2004 TO: Richard B Boehm Kenneth T Kubiesa Linda K Gonnella Dale L Durfey Robert L Kallien Darrell Langlois FROM: Linda Andrys SUBJECT: Recorded Documents The following documents were recorded on November 17, 2004 at the DuPage County Recorder's Office. 1 ORDINANCE 2004- ZO -V -S -1085 Pradeep Bhargava 722 Forest Glen, Oak Brook, IL 60523 PIN #06 -24- 206 -044 R2004- 293142 Recording Fee $19 00 G /L# to be Charged 10 -1365 2 ORDINANCE 2004- ZO- V -EX1 -S -1086 Butler National Golf Club /Mike Sauls 2616 York Road, West of York, South of 22 ❑d St, East of Jorie Blvd, Oak Brook, IL 60523 PIN #06 -26- 401 -002 and 06 -26- 202 -002, 06 -25- 101 -002 & 06 -25- 300 -018 R2004- 293143 Recording Fee $23 00 G /L# to be Charged 10 -1365 3 ORDINANCE 2004- ZO -V -S -1087 Keith Sherry ` 2020 Swift Drive, Oak Brook, IL 60523 /PIN #06 -24- 402 -036 82004- 293144 Recording Fee $19 00 G /L# to be Charged 10 -1365 4 ORDINANCE 2004- ZO- SU- HE -EX1 -S -1088 Center Point Properties Trust/Chuck Henschel 2001 York Road, Oak Brook, IL 60523 PIN #06 -24- 403 -008, 06 -24- 403 -009 and 06 -24- 403 -010 R2004- 293145 Recording Fee- $2100 G /L# to be Charged 10 -1365 5 LAWN SPRINKLER SYSTEM COVENANT RUNNING WITH LAND Mr Daniel Wollensak 3604 York Road, Oak Brook, IL 60523/PIN #06 -36- 400 -009 R2004- 293146 Recording Fee $18 00 G /L# to be Charged 10 -1365 6 LAWN SPRINKLER SYSTEM COVENANT RUNNING WITH LAND B Azar -Kia, MD and P Azar -Kia 312 Ottawa Lane, Oak Brook, IL 60523/PIN#06 -35- 205 -006 R2004- 293147 Recording Fee $18 00 G /1# to be Charged 10 -1365 /RECD0C /2004- RECMEM0-12 -03 doc CIO 5- IoB�J (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523 -2255 RECORDED DOCUMENT TITLE PAGE 1/- / S - Per44-� Title of Document ORDINANCE 2004- ZO -V -S -1087 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 12 -31-1.2 OF TITLE 13 ( "ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO OFF - STREET PARKING SPACES 970 Pauly L.L.C. and CF2020 Swift L.L.0 — 2020 Swift Drive, Oak Brook, IL 60523)(P I N #06 -24- 402 -036) Property Address /es: 2020 SWIFT DRIVE, OAK BROOK, IL 60523 (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 ) Pin/s, Number 06 -24- 402 -036 Name & Address of Applicant KEITH SHERRY, 7449 NORTH NATCHEZ, #100, NILES, IL 60714 Name & Address of Responsible KEITH SHERRY Party to Receive Recorded 7449 NORTH NATCHEZ #100 Copy of Document and Billing: NILES IL 60714 G/L Account # to be Charged 10 -1365 Prepared By: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Return To: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Name & Address of Recipient of Consideration (when applicable): N/A G/L Account # to be Charged PGti of OqX� o G f O 9 v �0^aUNTy '\ VILLAGE OF OAK BROOK Interoffice Memorandum DATE: December 3, 2004 TO: Richard B Boehm Kenneth T Kubiesa Linda K Gonnella Dale L Durfey Robert L Kallien Darrell Langlois FROM: Linda Andrys SUBJECT: Recorded Documents The following documents were recorded on November 17, 2004 at the DuPage County Recorder's Office 1 ORDINANCE 2004- ZO -V -S -1085 Pradeep Bhargava 722 Forest Glen, Oak Brook, IL 60523 PIN #06 -24- 206 -044 R2004- 293142 Recording Fee $19 00 G /L# to be Charged 10 -1365 2 ORDINANCE 2004- ZO- V -EX1 -S -1086 Butler National Golf Club /Mike Sauls 2616 York Road, West of York, South of 22nd St, East of Jorre Blvd, Oak Brook, IL 60523 PIN #06 -26- 401 -002 and 06 -26- 202 -002, 06 -25- 101 -002 & 06 -25- 300 -018 R2004- 293143 Recording Fee $23 00 G /L# to be Charged 10 -1365 O3 ORDINANCE 2004- ZO -V -S -1087 Keith Sherry ` 2020 Swift Drive, Oak Brook, IL 60523/PIN #06 -24- 402 -036 R2004- 293144 Recording Fee $19 00 G /L# to be Charged 10 -1365 4 ORDINANCE 2004- ZO- SU- HE -EX1 -S -1088 Center Point Properties Trust/Chuck Henschel 2001 York Road, Oak Brook, IL 60523 PIN #06 -24- 403 -008, 06 -24- 403 -009 and 06 -24- 403 -010 R2004- 293145 Recording Fee $21 00 G /L# to be Charged 10 -1365 5 LAWN SPRINKLER SYSTEM COVENANT RUNNING WITH LAND Mr Darnel Wollensak 3604 York Road, Oak Brook, IL 60523/PIN #06 -36- 400 -009 R2004- 293146 Recording Fee $18 00 G /L# to be Charged 10 -1365 6 LAWN SPRINKLER SYSTEM COVENANT RUNNING WITH LAND B Azar -Kia, MD and P Azar -Kra 312 Ottawa Lane, Oak Brook, IL 60523/PIN#06 -35- 205 -006 R2004- 293147 Recording Fee $18 00 G /1# to be Charged 10 -1365 /RECDOC /2004- RECMEMO -12 -03 doc OF oA�� P Bq 4 o A cF�QUNTy ,��� Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 -2255 Website www oal(- brook.org Administration 630 990 3000 FAX 630 990 0876 Community Development 630 990 3045 FAX 630 990 3985 Engineering Department 630 990 3010 FAX 630 990 3985 Fire Department 630 990 3040 FAX 630 990 2392 Police Department 630 990 2358 FAX 630 990 7484 Public Works Department 630 990 3044 FAX 630 472 0223 Oak Brook Public Library 600 Oak Brook Road Oak Blook, IL 60523 -2200 630 990 2222 FAX 630 990 4509 Oak Brook Sports Core Bath & Tennis Club 700 Oak Brook Road Oak Blook, IL 60523 -4600 630 990 3020 FAX 630 990 1002 Golt Club 2606 York Road Oak Brook, IL 60523 -4602 630 990 3032 FAX 630 990 0245 O.F. ORD: ��,iG�ivA L R�aR.A �p GAR TTi4cH E 0 May 4, 2005 Mr. Keith Sherry 7449 North Natchez, #100 Niles, Illinois 60714 Re- Recorded Document on November 17, 2004 ORDINANCE 2004- ZO -V -S -1087 2020 Swift Drive Oak Brook, IL 60523 R2004- 293144 Dear Mr. Sherry: A copy of the above noted recorded document is enclosed for your information. This is an important record 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- 990 -5770 on Monday through Friday from 9am to 5pm Sincerely, Linda M. Andrys Records Management Clerk /lma Enclosure cc: Dale L. Durfey, Jr., Village Engineer Robert L. Kallien, Jr., Director of Community Development Official Files v*' G R D S -10817 /RECDOC /2005- RECLTR -ORD 2004- ZO -V -S- 1087 - SHERRY -2020 SWIFT DR