S-1080 - 08/24/2004 - VARIATION - Ordinances Supporting Documents (2)i
J.P. RICK CARNEYI-
DUPAGE COUNTY RECORDER
AUG.25,2004 3:41 PM
OTHER 06-34- 201 -076
004 PAGES H2O04- 226769
(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 -1080 AN ORDINANCE GRANTING A VARIATION
FROM THE PROVISIONS OF SECTIONS 13 -6C -3F (1) AND (2) OF TITLE 13 ( "ZONING
REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO
FRONT AND SIDE YARD SETBACK REQUIREMENTS (Chou - 301 Ashley Court, Oak Brook IL
60523/P I N 06 -34- 201 -076)
Property Address /es 301 ASHLEY COURT, OAK BROOK, IL 60523
(If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 )
Pin /s Number 06 -34- 201 -076
Name & Address of Applicant JOE & LILLY CHOU, 229 CARLISLE AVENUE, WESTMONT, IL
60559 _
Name & Address of Responsible
Party to Receive Recorded
Document and Billing
G/L Account # to be Charged
JOE & LILLY CHOU
229 CARLISLE AVENUE
WESTMONT, IL 60559
1n -1'1F5
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 6052
N/A
aJ
c
ORDINANCE 2004- ZO -V -S -1080
AN ORDINANCE GRANTING A VARIATION FROM THE
PROVISIONS OF SECTIONS 13 -6C -3F (1) AND (2) OF TITLE 13
( "ZONING REGULATIONS ") OF THE VILLAGE CODE
OF THE VILLAGE OF OAK BROOK RELATIVE TO
FRONT AND SIDE YARD SETBACK REQUIREMENTS
(Chou — 301 Ashley Court, Oak Brook, IL 60523 / P I N 06 -34- 201 -076)
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;
WHEREAS, Joe and Lilly Chou ( "Petitioners ") are the owners of certain property legally described
as follows
LOT 6 IN WHITEHALL PARK, BEING A SUBDIVISION OF PART OF THE FRACTIONAL SECTION 34,
LYING NORTH AND SOUTH OF THE INDIAN BOUNDARY LINE IN TOWNSHIP 39 NORTH, RANGE 11
EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
MAY 30, 1964 AS DOCUMENT R 84- 40190, IN DUPAGE COUNTY, ILLINOIS
WHEREAS, the Subject Property is located within the R -3 Single - Family Detached Residence
District, the regulations of which require a front yard setback of not less than forty feet (40') in depth and a
side yard setback of not less than forty feet (40') abutting a street, and
WHEREAS, the Petitioner has submitted a petition for a variation to reduce the required front and
side yard setback to approximately 35 feet for the purpose of constructing a new single - family home on
the Subject Property , and
WHEREAS, on June 29, 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 made the following findings of fact
• Petitioner has satisfied the standards required by the Zoning Ordinance,
• Petitioner has demonstrated unique circumstances,
• the hardship of the Petitioner was not of his making,
WHEREAS, the Zoning Board of Appeals recommended approval of the requested variation, and
WHEREAS, the Village President and Board of Trustees concur with the findings and
recommendations made by the Zoning Board of Appeals, 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
B
Ordinance 2004- ZO -V -S -1080
Granting Variation from Sec
13- 6B -3F(1) & (2) Page 2
(Chou 06 -34- 201 -076)
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 Sections 13- 6C -3F(1) and (2) of the Zoning Regulations of the Oak
Brook Village Code is hereby granted to permit the construction of a new single - family dwelling and allow
a front and side yard setback of approximately thirty -five feet (35') along Ashley Court and Covington
Court, subject to the condition that the new construction shall be in substantial conformance with the
plans entered into evidence for consideration by the Zoning Board of Appeals
SECTION 3 This Ordinance is limited and restricted to the property commonly known as 301
Ashley Court, Oak Brook, Illinois, P I N 06 -34- 201 -076
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 10th day of August, 2004
PASSED THIS 10th day of August, 2004
Ayes
Nays
Absent
ATTEST
Linda K Gow�nella, CMC
Village Clerk
Kevin inlan
Villa President
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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 August 10, 2004 , the corporate
authorities of the above municipality passed and approved
Ordinance 2004- Zo -V -S -1080 ,
AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTIONS 13 -6C -3F (1)
AND (2) OF TITLE 13 ( "ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE
OF OAK BROOK RELATIVE TO FRONT AND SIDE YARD SETBACK REQUIREMENTS
(Chou - 301 Ashley Court, Oak Brook, IL 60523/P.I.N. 06 -34 -201 -076)
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 23rd day of August , 2004 .
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Vinda K. Gonnella, CMC
llage Clerk
Village of Oak Brook
DuPage and Cook Counties, IL