S-709 - 01/22/1991 - SPECIAL USE - Ordinances ORDINANCE NO. S- 709
AN ORDINANCE AMENDING A FLOOD PLAIN SPECIAL USE PERMIT
(Ben Fuller Museum, 3803 York Road)
WHEREAS, pursuant to Ordinance 5-470 passed March 10, 1981, the Village
President and Board of Trustees granted a flood plain special use to certain
property for the purpose of the construction and for the placement thereon of
the so-called Ben Fuller Home as a non-residential museum; and
WHEREAS, certain provisions of said ordinance were subsequently amended
pursuant to the provisions of Ordinances S-516, S-575 and 5-600; and
WHEREAS, the owners of the subject property have petitioned for a further
amendment to said flood plain special use; and
WHEREAS, the Village's Plan Commission on November 19, 1990 recommended
approval of the proposed amendment to the flood plain special use previously
granted; and
WHEREAS, a public hearing on such petition has been conducted by the
Zoning Board of Appeals of the Village on December 4, 1990, pursuant to due
and appropriate legal notice; and
WHEREAS, the Zoning Board of Appeals has recommended approval of the
requested amendment; and
WHEREAS, the Village President and Board of Trustees have reviewed the
recommendations of the Plan Commission and Zoning Board of Appeals and deem
them to be appropriate and consistent with the provisions of Section 10-34(c)
of the Code of Ordinances 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 amendments to the previously approved flood plain
special use are hereby approved so as to allow for enlargement of the Ben
Fuller House in accordance with the recommendations of Wilbert Hasbrouck,
historic architect, and to provide additional compensatory storage.
Section 3: That this ordinance is restricted to the property described
in the attached Exhibit A.
Section 4: That the flood plain special use previously granted pursuant
to Ordinance 5-470, as amended, be and is hereby made expressly subject to the
following further conditions:
ordinance S- 7 0 9
Granting a Flood Plain
Special Use
3803 York Road
Page 2
A. Compensatory storage equal to 1.5 times the volume of fill placed in
the flood plain established be provided.
B. The applicant perform such work in accordance with all Village
ordinances and requirements of any and all other regulatory agencies
having jurisdiction over such work.
C. That the flood plain special use be limited and restricted to the
property for only such time as the property is utilized as a historic
museum.
Section 5: That this Ordinance shall be in full force and effect from
and after passage and approval as provided by law.
PASSED THIS 22nd day of .January 1991.
Ayes: Trustees Bartecki , Bushy, Maher, Payoyich, Rush, Winters and
President Cerne
Nays: None
Absent: None
Abstain: None
APPROVED THIS 22nd day of January 1991.
Vi lage Presi. ent
ATTEST:
-Village Clerk
a orm:
Vill�ge Attorney
Published
Date Paper
Not Published Xx
a.bfm
C
EXHIBIT A
That part of the East half of Section 36, Township 39 North, Range 11, East of
the Third Principal Meridian, described as follows:
Commencing at a point 200 feet North of the Southwest corner of the East half
of Section 36; thence Easterly parallel to the South line of said Section 36,
a distance of 267 feet to the center line of public highway known as York
Road; thence Northerly along the center line of York Road, a distance of 177
feet for a place of beginning; thence Northerly along the center line of said
York Road, a distance of 520 feet to the center line of Salt Creek, said point
being the intersection of the center line of York Road and the center line of
Salt Creek; thence Southeasterly along the center line of Salt Creek a
distance of 792 feet to a point 375 feet North of the South line of said
Section 36; thence Westerly parallel to and 375 feet North of the South line
of said Section 36, a distance of 650 feet to the point of beginning;
excepting from the above described tract that part thereof falling within York
Road or conveyed to the County of DuPage by Warranty Deed recorded February
24, 1923 as Document 163041; and also excepting from the above described tract
that portion thereof, if any, falling within Lot 1 in F. 0. Butler's plat of
part of Section 36 aforesaid, recorded on October 8, 1921 in Book 9 of Plats,
page 74, as Document 151374, all in DuPage County, Illinois, and containing
4.57 acres, more or less. Permanent Parcel #06-36-405-001.