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S-1225 - 01/22/2008 - VARIATION - Ordinances (2)v APR.23,2009 OTHER 004 PAGES (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 RECORDED DOCUMENT TITLE PAGE 4:01 PM 06— 33-103— 039 R2009 - 060481 Title of Document 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 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: _N_APERVILLE, 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 applic G/L Account # to be Charged: 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 82006-024939, IN DUPAGE COUNTY, ILLINOIS Ordinance 2008-ZO-V-3-1225 Cana 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 82006-024939, 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, Sai ed Sanford and Wolin Nays: None Absent: None S ATTEST: `fid "f.�felt}.♦ >�.rJ Charlotte K. Pruss Village Clerk