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S-873 - 03/27/1997 - WATER - Ordinancesn R97-131097 NE C0RrjER DU PAGE COUNTY (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 RECORDED DOCUMENT TITLE PAGE 97 SEP -3 PM 3= 30 Title of Document: ORDINANCE 97-ZO-V-DU-SWM+FP-S-873 AN ORDINANCE GRANTING A VARIANCE FROM THE DU PAGE COUNTY COUNTYWIDE STORMWATER AND FLOOD PLAIN ORDINANCE (3501 Adams Road & Vacant Land Adjacent to 3501 Adams Road Oak Brook IL 60521) Property Address/es: 3501 Adams Road &Vacant Land Adjacent to 3501 Adams Road Oak Brook IL 60521 (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60521.) Pin/s Number: 06-35-401-024 and 06-35-401-025 Name &Address of Applicant: Earles T Wegner P O Box 261 West Chicago IL 60186 Name &Address of Responsible Party to Receive Recorded Document and Billing: Charles T Wegner P O. Box 261 West Chicago IL 60186 G/L Account If to be Charged: 010000-130200 Prepared By: Village of Oak Brook Return Tbl. Village of Oak Brook 1200 Oak Brook Road 1200 Oak Brook Road _Oak Brook. Illinois 60523 Oak Brook, Illinois 60523 Name &Address of Recipient of Consideration (when applicable): G/L Account # to be Charged R97-131097 ORDINANCE 97-ZO-V-DU-SWM+FP-S-$73 O•r«• GRANTING A VARIAN FR THE U PAGE COUNTY COUNTYWIDE STORMTATER AND FLOOD PLAIN ORDINAN*Q (3501 Adams Road & Vacant Land Adjacent to 3501 Adams Road, Oak Brook, IL 60521) WHEREAS, as a result of the flooding that occurred in DuPage County during the mid to late 1980's, DuPage County and all DuPage municipalities created the DuPage County Countywide Stormwater and Flood Plain Ordinance (the "Ordinance"); and WHEREAS, the Ordinance was adopted by DuPage County in 1991 and subsequently by the Village of Oak Brook, as a full waiver community; and WHEREAS, as a full waiver community, the Village has the responsibility for administration of the Ordinance within its corporate limits; and WHEREAS, an application has been filed requesting a variance from the provisions of Article 9 of the Ordinance, to exempt the applicant's property from the requirements for stormwater detention; and WHEREAS, a public hearing on such application has been conducted on February 4, 1997 by the Zoning Board of Appeals of the Village sitting as the Village's Oversight Committee to oversee the implementation and enforcement of the Ordinance, pursuant to due and appropriate legal notice; and WHEREAS, in its report dated March 6, 1997, the Zoning Board of Appeals made its findings and recommendation to approve the petition; WHEREAS, the corporate authorities of the Village of Oak Brook concur in the findings and recommendation of the Zoning Board and deem the passage of this Ordinance to be in the best interest and in furtherance of the general welfare of the Village of Oak Brook; 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 variance is hereby granted from the provisions of Article 9 of the DuPage County Countywide Stormwater and Flood Plain Ordinance to exempt the easterly two-thirds of the property (6.1 acres) at 3501 Adams Road, in the Wegner Woods Resubdivision, which property is legally described as follows: Lots 1 and 2 in Wegner Woods Subdivision, being a subdivision of part of the Southeast Quarter of Section 35, Township 39 North, Range 11 East of the Third Principal Meridian, according to the plat thereof recorded on August 15, 1990 as Document No. R90-104262, in DuPage County, IL. PIN 06-35-401-024 and 06-35-401-025. R97=131097 Ordinance 97-ZO-V-DU-SWM+FP-5-873 Granting a Variance from the DuPage County Countywide Stormwater and Flood Plain Ordinance, Page 2 Section 3: That the variance herein granted in Section 2 of this ordinance is expressly subject to the following conditions: (1) That the property be developed as a three -lot subdivision in substantial compliance with the conditions imposed in Resolution 96-681 approving the Preliminary and Final Plat of the Wegner Woods Resubdivision, passed by this Board on November 12, 1996. (2) That the wooded character of all three lots be protected by covenants running with the land approved by the Village Attorney. (3) That the impervious area of lots 1 and 3 be not more than 33% or one acre, whichever is less, subject to minor upward adjustments as approved by the Village Engineer, if necessary. (4) That the owner provide an impact statement from a professional engineering firm which finds that the variation plan will have no undue, adverse impact on surrounding property. (5) That appropriate "best management practices" as defined in the Ordinance be utilized in the development of the property. Section 4: That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS 25th day of March, 1997. Ayes: Trustees Bartecki, McInerney, Payovich and Savino Nays: None Absent: Trustees Kenny and Shumate Abstain: None APPROVED THIS 25th day of March, 1997. a n. C Village President Published R97=131097 Ordinance 97-ZO-V-DU-SWM+FP-S-$73 Granting a Variance from the Du Page County Countywide Stormwater and Flood Plain Ordinance, - Page 3 Date Paper Not Published � Applicant: Charles T. Wegner Address: 3501 Adams Street Oak Brook, IL 60521 PIN 06-35-401-024 & 06-35-401-025 R 9 7 41,111 7 STATE OF ILLINOIS ) )SS. COUNTIES OF COOK AND DU PAGE ) I DO FURTHER CERTIFY that on March 25, 1997 ,the corporate authorities of the above municipality passed and approved Ordinance 97-Z0-V-DU-SW1(+FP-S-873, AN ORDINANCE GRANTING A VARIANCE FROM THE DU PAGE COUNTY COUNTYWIDE STORMWATER AND FLOOD PLAIN ORDINANCE (3501 Adams Road &Vacant Land Adjacent to 3501 Adams Road, Oak Brook, IL 60521) 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 znd day of September , gg 7 �O 0 Linda K. onnella Village Clerk ® V• � ao Village of Oak Brook DuPage and Cook Counties, IL I, Linda K. Gonnella0 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 March 25, 1997 ,the corporate authorities of the above municipality passed and approved Ordinance 97-Z0-V-DU-SW1(+FP-S-873, AN ORDINANCE GRANTING A VARIANCE FROM THE DU PAGE COUNTY COUNTYWIDE STORMWATER AND FLOOD PLAIN ORDINANCE (3501 Adams Road &Vacant Land Adjacent to 3501 Adams Road, Oak Brook, IL 60521) 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 znd day of September , gg 7 �O 0 Linda K. onnella Village Clerk ® V• � ao Village of Oak Brook DuPage and Cook Counties, IL