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S-80595 70807 ORDINANCE 95-Zo-V-s-805 AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK RELATIVE TO LOADING BERTHS (SE Route 83 & 16th Street) WHEREAS, an application has been filed requesting certain variations for property located at the southeast corner of Route 83 and 16th Street, Oak Brook, IL relating to loading berth requirements of the Oak Brook Zoning Ordinance; and WHEREAS, said Zoning Board of Appeals, pursuant to due and appropriate legal notice conducted a public hearing thereon on April 4, 1995 and has recommended the granting of the variations; and WHEREAS, the said Zoning Board of Appeals made explicit findings that the variations requested meet the applicable standards of Section XIII(G)(4) of the Oak Brook Zoning Ordinance, including a genuine hardship resulting from: 1) the unique configuration of this triangular shaped parcel; 2) the existence on the property of the Spring Road branch of Salt Creek and its floodway and flood plain; and 3) the large setbacks imposed in a B-2 district; and WHEREAS, the corporate authorities concur with the recommendations and findings of 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 the variations granted herein pursuant to this ordinance are limited to the property located at the SE corner of Route 83 and 16th Street, Oak Brook, IL, which property is legally described as follows: Lot 7 (except that part of Lot 9 dedicated for highway purposes by instrument recorded as Document R61-30843) in Oakbrook Terrace, a subdivision of part of section 23, Township 39 North, Range 11 East of the Third Principal Meridian, in DuPage County, IL. Permanent Parcel No. 06 -23 -300 -022. - Section 3: That the following variations are hereby granted from the provisions of the Oak Brook Zoning Ordinance of the Village of Oak Brook, Ordinance G-60, as amended. A. A variation from the requirements of Section XI(D)(7)(b) to permit one loading berth instead/ of two berths as required; and V R95 10801 Ordinance 95-ZO-V-S-805 Granting Variations Relative to Loading Berths Page 2 B. A variation from the requirements of Section XI(D)(1) to permit an enclosed loading berth at the front of a building instead of at the rear of the building as required. Section 4: That the variations herein granted are explicitly subject to the condition that the property is developed in substantial accordance with the Site Plan submitted by Nelson, Ostrom, Baskin, Berman & Associates dated, as last revised, February 24, 1995. Section 5: That this ordinance shall be in full force and effect from and after 'passage and approval pursuant to law. PASSED THIS 9th day of May, 1995. Ayes: Trustees McInerney, Savino, Shumate and President Bushy Nays: None Absent: Trustees Bartecki, Yennv and Payovich Abstain: None APPROVED THIS ATTEST' / Ie Clerk 9th day of May, 1995. Approved as two /Form: Village Attorney Published 9 V: � � /(/�. Vi lage President Date Not Published XX Paper Applicant: Mark Siegel Nelson, Ostrom, Baskin, & Associates, Inc. Address: 1018 Busse Highway Park Ridge, IL 60068 PIN: 06-23-300-022 Berman