R-634 - Kral - 3001-3003 LincolnORDINANCE NO. S- 634
AN ORDINANCE GRANTING VARIATIONS REGARDING PARKING AREA SETBACK
AND REQUIRED YARDS
(Town & Country - Southwest Corner Route 83 and 16th Street)
WHEREAS, an application has been filed requesting variations from the
provisions of Section XI(E)(7) and Section VIII(C)(4) of the Oak Brook Zoning
Ordinance, Ordinance G-60, as amended; and
WHEREAS, a public hearing on such application has been conducted by the
Zoning Board of Appeals of the Village on February 2 and April 5, 1988 pursuant
to due and appropriate legal notice; and
WHEREAS, a recommendation has been made by the said Zoning Board of
Appeals that the variations requested be granted; and
WHEREAS, the said Zoning Board of Appeals made explicit findings that the
variation requested meets the applicable standards set forth in Section
XII(G)(4) of the said Oak Brook Zoning Ordinance; and
WHEREAS, the President and Board of Trustees of the Village 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 a variation is hereby granted from the provisions of
Section VIII(C)(4) and Section XI(E)(7) of the Code of Ordinances of the Zoning
Ordinance of the Village of Oak Brook so as to allow the building construction
and the proposed parking area no closer than 2.5 feet from the southerly lot
line of Lot 2.
Section 3: That a variation is hereby granted from the provisions of
Section VIII(C)(4) so as to permit construction of a building encroaching 30
feet into the 60 foot required yard adjoining Monterey Avenue.
Section 4: That this Ordinance is limited and restricted to the property
located at 1603 16th Street, Oak Brook; Illinois, which property is legally
described as:
Lots 1 and 2 in Block 1 in Town Development Company's Elmhurst
Countryside Unit Number Three, being a subdivision in the South East 1/4
Section 22, Township 39 North, Range 11, East of the Third Principal
Meridian, according to the plat thereof recorded November 13, 1945 as
Document 487163, in DuPage County, Illinois. Permanent Parcel Nos.
06-22-409-001 and 06-22-409-002..
Section 5: That the variations granted pursuant to the provision of this
Ordinance are hereby made expressly subject to the following conditions:
1) That the owners and/or developers of the subject property construct a
berm with landscaping between Route 83 and the proposed parking area to serve
as screening within the time limits set forth for land improvements in the
Subdivision Regulations of the Village.
2) That all retail uses of the property otherwise authorized under the
B-1 Local Shopping Center District zoning classifications are prohibited
except as accessory uses.
3) That access to Monterey Drive will be prohibited for all the
contiguous property consisting of Lots 1, 2 and 3 described as follows:
Lots 1 and 2 and the North 1/2 of Lot 3 in Block 1 in Town Development
Company's Elmhurst Countryside Unit Number Three, being a subdivision in
the South East 1/4 Section 22, Township 39 North, Range 11, East of the
Third Principal Meridian, according to the plat thereof recorded November
13, 1945 as Document 487163, in DuPage County, Illinois. Permanent Parcel
Nos. 06-22-409-001, 06-22-409-002 and 06-22-409-003.
Ordinance S- 634
Granting Variations Regarding
Parking Area Setback and
Required Yards
Page Two
4) That the owners of the subject property subject said property to
a covenant running with the land in form and substance acceptable to the
Village as approved by its Village Attorney which covenant shall restrict all
future sales to the sale of all three lots as one parcel and prohibits the
transfer of any of the individual lots without the simultaneous sale of all
three lots.
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5) That the record owners of the subject property grant to the Village a
permanent easement for drainage and public utility purposes over the entire
area of Lot 3: the North 1/2 of Lot 3 in Block 1 in Town Development Company's
Elmhurst Countryside Unit Number Three, being a subdivision in the South East
1/4 Section 22, Township 39 North, Range 11, Fast of the Third Principal
Meridian, according to the plat thereof recorded November 13, 1945 as Document
487163, in DuPage County, Illinois. Permanent Parcel No. 06-22-409-003.
Section 6: That this Ordinance shall be in full force and effect from and
after and approval as provided by law.
PASSED THIS 10th day of May , 1988.
Ayes:
Nays:
Trustees Bartecki, Bushy, Imrie, Rush and Winters
None
Absent: Trustee Maher
APPROVED THIS 10th day of
ATTEST:
Village Clerk _,6Z< z
Approved as to Form:
*1a Atto ney
ord. s-5
May
1988.
*i .
Vill ge'iiE sid(
Published _
Date
Not Published XX
Paper
PLAT
J. P. "RICK" CARNEY
DU PAGE COUNTY RECORDER
P.O. BOX 936
WHEATON, ILLINOIS 60189
DATE OF
INSTRUMENT: Q� ! - 4
DOCUMENT TYPE:
❑ SUBDIVISION
❑ ANNEXATION
❑ VACATION
❑ DEDICATION
❑ ORDINANCE
❑ EASEMENT
❑ DECLARATION
❑ RE�SOpLUTION�
X-i�---
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