S-1201 - 08/14/2007 - VARIATION - Ordinancesroll
FRED BUCHOLZ
DIIPpGE COUNTY NECOflOEfl
FEB-2812008 4:12 PM
OTHER 06 -35 -301 -010
007 PAGES H2008- 032027
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 2007- ZO- SD -V -S -1201 AN ORDINANCE GRANTING A
FENCE VARIATION FROM THE PROVISIONS OF SECTION 13 -3 -613 OF TITLE 13 (ZONING
REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
Property Address /es VACANT LAND - SOUTHEAST CORNER OF ROUTE 83 AND
35T" STREET
If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 )
OAK BROOK, ILLINOIS 60523
Pin /s Number 06 -35- 301 -014, 06 -35- 301 -015 AND 06 -35- 301 -016
Name & Address of Applicant: BRITTWOOD CREEK LLC
900 OAKMONT LANE, SUITE 110, WESTMONT, IL 60559
Name & Address of Responsible BRITTWOOD CREEK LLC /ATTENTION: LAURA ANIBALLI
Party to Receive Copy of 900 OAKMONT LANE, SUITE 110
Recorded Document and Billing. WESTMONT, IL 60559
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 T Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
A
7
ORDINANCE 2007- ZO- SD -V -S -1201
AN ORDINANCE GRANTING A FENCE VARIATION FROM THE
PROVISIONS OF SECTION 13 -3 -6B OF
TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE
OF THE VILLAGE OF OAK BROOK
A parcel of approximately 57 acres, located at the Southeast Corner of
Route 83 and
35th Street, Oak Brook, Illinois 60523)
PIN's 06 -35- 301 -014, 06 -35- 301 -015, and 06 -35- 301 -016
WHEREAS, Brittwood Creek, LLC ( "Applicant') is the owner of certain real property located in
the Village of Oak Brook and legally described on the attached Exhibit A ("Property'), and
WHEREAS, the Applicant desires to subdivide the Property to create the Brittwood Creek
subdivision, which subdivision shall consist of 30 lots, and requests a variation from Section 13 -3 -613 of
the Village Code (Accessory Uses /Permitted in Required Yards) to allow for construction of a solid fence
between eight and nine feet in height along the western boundary of the Property parallel to Route 83 and
along portions of the north and south boundaries of the Property; and
WHEREAS, a public hearing on the application was conducted by the Zoning Board of Appeals of
the Village of Oak Brook on June 25, 2007, pursuant to due and appropriate legal notice, and
WHEREAS, the Zoning Board of Appeals made explicit findings of fact that the variation
requested conforms to the standards set forth in Sections 13 -14 -6D and 13 -3 -613 of the Village Code, and
WHEREAS, the Village President and Board of Trustees 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 The foregoing recitals are incorporated into, and made a part of, this Ordinance as the
findings of the Village President and Board of Trustees
Section 2. A public hearing to consider the application was duly advertised on or before June
7, 2007 in the Daily Herald, and was held by the Village of Oak Brook Zoning Board of Appeals on June
25, 2007 On June 25, 2007, the Zoning Board of Appeals recommended approval of the requested
variation
Section 3 A variation is hereby granted from the provisions of Section 13 -3 -613 of the Village
Code of the Village of Oak Brook to permit construction of a solid fence between eight and nine feet in
height along the western boundary of the Property parallel to Route 83 and along portions of the north
and south boundaries of the Property, in substantial conformance with the locations identified on the final
plat of subdivision for the Property as approved by the Village President and Board of Trustees
Section 4 The fence shall be constructed of earth -tone Trex material and in substantial
conformance with the SoundWall/Wood Fence Exhibit prepared by Engineering Resource Associates,
Inc and included at page I of the case file, and the buffer detail and elevations prepared by Ives /Ryan
Group and included at pages J and K of the case file
Section 5 In the event that the Forest Preserve District removes vegetation from their property in
order to install a pedestrian /bike path, causing the fence to become visible from Route 83, the Brittwood
Ordinance 2007- ZO- SD -V -S -1201
Granting Fence Var
Bnttwood Creek Sbdvsn
S.E. Comer Rt 83 & 35`h St,
Oak Brook, IL 60523 - (06- 35-301 -014,
06 -35- 301 -015, 06-35-301-016
Page 2 of 5
Creek Homeowner's Association, or such other homeowner's association as may be established to
govern the Property, shall purchase, plant, and maintain in healthy condition, according to best
horticultural practices, ivy -type vegetation that would grow along the exterior portions of the fence facing
Route 83.
Section 6: Prior to the issuance of any building permit for installation of any portion of the
fence, the Applicant shall have received approval of the Village Engineer of a final engineering plan in
accordance with all applicable laws and regulations.
Section 7: The Property shall comply at all times with all applicable federal, state and Village
statutes, ordinances, resolutions, rules, codes, and regulations, including building, electrical, and fire
prevention codes. Notwithstanding the exhibits contained in the case file, the Property shall be in
compliance with all Village ordinance requirements in the building permit process except as specifically
varied or waived.
Section 8: This Ordinance is limited and restricted to the Property, as legally described in
Exhibit A.
Section 9: All ordinances or parts of ordinances in conflict with this Ordinance are hereby
repealed to the extent of the conflict.
Section 10- Upon failure or refusal of the Applicant or any of its officers, employees, or agents,
to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the variation
granted in this Ordinance shall, at the sole discretion of the President and Board of Trustees of the
Village, by ordinance duly adopted, be revoked and become null and void.
Section 11: The privileges, obligations and provisions of each and every section of this
Ordinance are for and shall inure to the benefit of and shall run with and bind the Property, unless
otherwise explicitly set forth in this Ordinance.
Section 12: Nothing in this Ordinance shall create, or shall be construed or interpreted to create,
any third party beneficiary rights
Section 13: This Ordinance shall be in full force and effect from and after its passage, approval
and publication as required by law.
APPROVED THIS 14th
day of August, 2007.
PASSED THIS
14th day of August, 2007
Ordinance 2007- ZO- SD -V -S -1201
Granting Fence Var
Brittwood Creek Sbdvsn
S E Corner Rt 83 & 35th St,
Oak Brook, IL 60523 - (06 -35- 301 -014,
06 -35- 301 -015, 06 -35- 301 -016)
Page 3 of 5
Ayes Trustees Carson, Kennedy Manofsky, Sanford and Wolin
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Absent Trustee Sai ed
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ATTEST
Charlotte K Pruss
Village Clerk
Ordinance 2007- ZO- SD -V -S -1201
Granting Fence Var
Brittwood Creek Sbdvsn
S E Corner Rt. 83 & 35th St,
Oak Brook, IL 60523 - (06 -35- 301 -014,
06 -35- 301 -015, 06 -35- 301 -016)
Page 4 of 5
EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1: THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35 (EXCEPT THE
EASTERLY 450 0 FEET OF THE NORTHERLY 500 FEET THEREOF AND ALSO EXCEPT THAT
PART OF PARCEL 1 DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHEAST CORNER
OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 35, THENCE
NORTH 01 DEGREES 09 MINUTES 00 SECONDS WEST ALONG THE EAST LINE OF SAID
SOUTHWEST QUARTER, A DISTANCE OF 170 41 FEET, THENCE SOUTH 46 DEGREES 16
MINUTES 30 SECONDS WEST, A DISTANCE OF 240 47 FEET TO A POINT ON THE SOUTH LINE
OF THE NORTHEAST QUARTER OF SAID SOUTHWEST QUARTER; THENCE NORTH 88
DEGREES 12 MINUTES 14 SECONDS EAST ALONG SAID LAST DESCRIBED LINE, A DISTANCE
OF 170 41 FEET TO THE POINT OF BEGINNING) ALL IN TOWNSHIP 39 NORTH, RANGE 11, EAST
OF THE THIRD PRINCIPAL MERIDIAN, IN DU PAGE COUNTY, ILLINOIS
PARCEL 2: THAT PART OF THE SOUTHEAST '1/4 OF THE SOUTHWEST 1/4 OF SECTION 35,
TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4 OF
SECTION 35,THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SOUTHWEST 1/4, A
DISTANCE OF 299 6 FEET FOR A POINT OF BEGINNING, THENCE CONTINUING WEST ALONG
SAID SOUTH LINE OF SAID SOUTHEAST 1/4, A DISTANCE OF 1025 02 FEET TO THE
SOUTHWEST CORNER OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35,
THENCE NORTHERLY ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST
1/4, A DISTANCE OF 1327 68 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST 1/4 OF
THE SOUTHWEST 1/4 OF SECTION 35,THENCE EASTERLY ALONG THE NORTH LINE OF SAID
SOUTHEAST 1/4. A DISTANCE OF 930.18 FEET TO THE NORTHWEST CORNER OF LOT 1, IN THE
CENTER OF A CREEK, IN PIERCE RICHARDSON'S SUBDIVISION, ACCORDING TO THE PLAT
THEREOF RECORDED AS DOCUMENT NO 903280, THENCE SOUTHERLY ALONG THE
WESTERLY LINE OF SAID LOT 1, BEING ALSO THE CENTERLINE OF A CREEK, THE FOLLOWING
8 COURSES AND DISTANCES 1) THENCE SOUTH 11 DEGREES 09 MINUTES EAST, A DISTANCE
OF 21 77 FEET, 2) THENCE SOUTH 76 DEGREES 35 MINUTES 30 SECONDS EAST, A DISTANCE
OF 78.66 FEET, 3) THENCE SOUTH 29 DEGREES 15 MINUTES 30 SECONDS WEST, A DISTANCE
OF 41 82 FEET, 4) THENCE SOUTH 17 DEGREES 46 MINUTES 30 SECONDS EAST, A DISTANCE
OF 1 -10 97 FEET, 5) THENCE NORTH 81 DEGREES 46 MINUTES 39 SECONDS EAST, A DISTANCE
OF 35 71 FEET, 6) THENCE SOUTH 19 DEGREES 40 MINUTES WEST, A DISTANCE OF 25 79
FEET, 7) THENCE SOUTH 25 DEGREES 41 MINUTES EAST, A DISTANCE OF 47 97 FEET, 8)
THENCE SOUTH 22 DEGREES 35 MINUTES WEST, A DISTANCE OF 45 49 FEET TO A CROSS IN
THE CENTER OF BRIDGE OVER SAID CREEK, AT THE NORTHWEST CORNER OF A TRACT OF
LAND DESCRIBED AND KNOWN AS LOT 2 IN TESTS SECOND PLAT OF SURVEY, RECORDED AS
DOCUMENT NO. 656333, THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 2,
BEING ALSO THE CENTERLINE OF A CREEK, THE FOLLOWING SEVEN COURSES AND
DISTANCES 1) THENCE SOUTH 30 DEGREES 11 MINUTES WEST, A DISTANCE OF 49 80 FEET,
2) THENCE SOUTH 00 DEGREES 26 MINUTES WEST, A DISTANCE OF 38 3 FEET; 3) THENCE
SOUTH 26 DEGREES 45 MINUTES EAST, A DISTANCE OF 51.9 FEET; 4) THENCE SOUTH 19
DEGREES 13 MINUTES WEST, A DISTANCE OF 46 25 FEET, 5) THENCE SOUTH 57 DEGREES 57
MINUTES EAST, A DISTANCE OF 50 2 FEET, 6) THENCE SOUTH 02 DEGREES 41 MINUTES
EAST, A DISTANCE OF 50 6 FEET, 7) THENCE SOUTHEASTERLY 47.0 FEET TO THE
SOUTHWEST CORNER OF SAID TRACT KNOWN AS LOT 2, WHICH IS ALSO THE
NORTHEASTERLY CORNER OF LOT 1 IN IOZZO SUBDIVISION, ACCORDING TO THE PLAT
Ordinance 2007- ZO- SD -V -S -1201
Granting Fence Var
Brnttwood Creek Sbdvsn
S E Corner Rt 83 & 35 l St,
Oak Brook, I L 60523 - (06 -35- 301 -014,
06 -35- 301 -015, 06 -35- 301 -016)
Page 5 of 5
THEREOF RECORDED AS DOCUMENT NO R66- 34631, THENCE SOUTH 69 DEGREES 05
MINUTES WEST ALONG THE NORTH LINE OF SAID LOT 1 IN IOZZO SUBDIVISION, A DISTANCE
OF 116.45 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 1, THENCE SOUTH 24
DEGREES 22 MINUTES WEST ALONG THE WESTERLY LINE OF SAID LOT 1, A DISTANCE OF
318 33 FEET TO THE NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND KNOWN
AS LOT 1 IN ALEXANDER'S PLAT OF SURVEY, RECORDED AS DOCUMENT NO 601838,
THENCE SOUTH 23 DEGREES 32 MINUTES WEST ALONG THE WESTERLY LINE OF SAID TRACT
KNOWN AS LOT 1, A DISTANCE OF 387 2 FEET, TO THE SOUTHWEST CORNER OF SAID TRACT,
THENCE SOUTH 76 DEGREES 49 MINUTES EAST ALONG A SOUTHERLY LINE OF SAID TRACT,
KNOWN AS LOT 1, IN ALEXANDER'S PLAT OF SURVEY, A DISTANCE OF 146 0 FEET, THENCE
SOUTH 70 DEGREES 43 MINUTES EAST ALONG THE SOUTHERLY LINE OF SAID TRACT KNOWN
AS LOT 1, A DISTANCE OF 139.2 FEET TO THE POINT OF BEGINNING, (EXCEPT THAT PART
THEREOF FALLING IN FPD /BASIC LIFE ASSESSMENT PLAT RECORDED AS DOCUMENT R2003-
121963)
PARCEL 3: THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 35,
TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN WHICH LIES
SOUTH OF THE SOUTH LINE OF 35 TH STREET AND EAST OF THE EASTERLY LINE OF ILLINOIS
ROUTE 83, (EXCEPT THAT PART THEREOF FALLING IN FPD /BASIC LIFE ASSESSMENT PLAT
RECORDED AS DOCUMENT R2003- 121963)
ALL IN DU PAGE COUNTY, ILLINOIS
J
s
STATE OF ILLINOIS )
SS
COUNTIES OF COOK AND DUPAGE )
I, Charlotte K Pruss, 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 14, 2007 , the corporate authorities
of the above municipality passed and approved
Resolution 2007- ZO- SD -V -S -1201
AN ORDINANCE GRANTING A FENCE VARIATION FROM THE
PROVISIONS OF SECTION 13 -3 -6113 OF
TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE
OF THE VILLAGE OF OAK BROOK
A parcel of approximately 57 acres, located at the Southeast Corner of
Route 83 and
35th Street, Oak Brook, Illinois 60523)
PIN's 06 -35- 301 -014, 06 -35- 301 -015, and 06 -35- 301 -016
I DO FURTHER CERTIFY that the original document, 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 20th day of August, 2007
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Charlotte K Pruss
Village Clerk
Village of Oak Brook
DuPage and Cook Counties, Illinois