S-1054 - 09/23/2003 - VARIATION - Ordinancest
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J.P. "RICK" CARNEY
DUPRGE COUNTY RECORDER
OCT 29,2003 3'12 PM
OTHER 06 -28- 212 -006
005 PAGES H2O03- 417167
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 2003- ZO -V -S -1054 AN ORDINANCE GRANTING A VARIATION
FROM THE PROVISIONS OF SECTION 13 -3 -14 OF TITLE 13 ( "ZONING REGULATIONS ") OF THE
VILLAGE CODE- OF THE VILLAGE OF OAK BROOK RELATIVE TO DRIVEWAY GATES (Warner -
26 Baybrook Lane, Oak Brook, IL 60523 / P.I.N. 06 -28- 212 -006)
Property Address /es 26 BAYBROOK LANE OAK BROOK, IL 60523
If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 )
Pin /s Number 06 -28- 212 -006
Name & Address of Applicant SCOTT WEHRS, (TY, INC.) 280 CHESTNUT, WESTMONT, IL 60559
Name & Address of Responsible
Party to Receive Recorded
Document and Billing:
G/L Account # to be Charged
SCOTT WEHRS, (TY, INC.)
280 CHESTNUT
WESTMONT, IL 60559
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 To- Village of Oak Brook
1200 Oak Brook Road
N/A
Oak Brook, Illinois 60523
ORDINANCE 2003- ZO -V -S -1054
AN ORDINANCE GRANTING A VARIATION FROM THE
PROVISIONS OF SECTION 13 -3 -14 OF TITLE 13
ZONING REGULATIONS") OF THE VILLAGE CODE
OF THE VILLAGE OF OAK BROOK RELATIVE TO
DRIVEWAY GATES
Warner - 26 Baybrook Lane, Oak Brook, IL 60523 / P.I.N. 06 -28- 212 -006)
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, Ty Warner ( "Petitioner ") is the owner of certain property legally described
as follows:
LOT 60 IN GINGER CREEK, BEING A SUBDIVISION OF PARTS OF
SECTIONS 27 AND 28, TOWNSHIP 39 NORTH, RANGE 11, EAST OF
THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED DECEMBER 30, 1980 AS DOCUMENT 9920575
IN DUPAGE COUNTY, ILLINOIS.
P.I.N. 06 -28- 212 -006
commonly known as 26 Baybrook Lane, Oak Brook, Illinois ( "Subject Property "); and
WHEREAS, the Subject Property is less than one acre and does not abut a thoroughfare
and the zoning regulations do not permit the installation of a driveway gate on a property that is
less than one acre and does not abut a thoroughfare;
WHEREAS, the Petitioner has submitted a petition for variation to allow the installation
of driveway gates on the Subject Property,
WHEREAS, the Petitioner has offered to remove the gates upon the sale of the property =_
or upon moving from the property and has agreed to a deed restriction requiring the removal of
the gates if the Petitioner sells the property or if the Petitioner no longer resides at the property;
WHEREAS, on August 5, 2003, 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
Ordinance 2003- ZO -V -S -1054
Variation regarding driveway
gates Page 2 of 3
Warner)
Brook, Illinois in connection with the aforesaid petition, after due notice and appropriate legal
notice was given;
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, as follows:
1) that the Petitioner has satisfied the standards for variations required by the Zoning
Ordinance; and
2) that the Petitioner has demonstrated unique circumstances; and
3) that the hardship of the Petitioner is not of his own making;
WHEREAS, the Zoning Board of Appeals recommended approval of the requested
variation;
WHEREAS, the Village President and Board of Trustees concur with the findings and
recommendations made by the Zoning Board of Appeals;
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.
NOW THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the
Village of Oak Brook, DuPage and Cook Counties, Illinois as follows:
SECTION 1. That the recitals hereto are incorporated as part of this ordinance.
SECTION 2. That a variation to Section 13- 3 -14(A) of the Zoning Regulations of the
Oak Brook Code is hereby granted to permit the installation of driveway gates on the Subject
Property subject to the following conditions:
a) that the gates be constructed in conformance with the plans prepared by Matocha
Associates, dated July 3, 2003, and entered into evidence for consideration by the Zoning
Board of Appeals, and
b) that petitioner executes an agreement, within thirty (30) days of the date that this
ordinance is passed, restricting the Subject Property that the gates will be removed from
the Subject Property if Petitioner sells the property or no longer resides at the property,
and
c) that the existing dense landscaping be maintained in its current condition such that the
gates will be very unobtrusive and minimally visible from Baybrook Lane.
2
P
Ordinance 2003- ZO -V -S -1054
Variation regarding driveway
gates Page 3 of 3
Warner)
SECTION 3. That this Ordinance is limited and restricted to the property commonly
known as 26 Baybrook Lane, Oak Brook, Illinois, P.I.N. 06 -28 -212 -006.
SECTION 4. All ordinances or parts of ordinances in conflict with this ordinance are
hereby amended to the extent of the conflict.
SECTION 5. This ordinance shall be in full force and effect after passage and
publication according to law.
Approved this 23rd day of September, 2003.
Passed this 23rd
day of September, 2003.
Ayes: Trustees Aktipis, Caleel, Craig, Miologos and Yusuf
Nays: None
Absent: Trustee Korin
Abstain: None
ATTEST:
CJC [,.- 4 • /
illage Clerk re"f
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