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S-470 - 03/10/1981 - ZONING-SPECIAL USE - Ordinances t ZorViOUG - 9$ 1 SPtci4L, 4SE t 5...10 T-4LLSR M4sF4M 380 3 aR� 'F L©o iD PLA ORDINANCE NO. S- 470 P(N *10 4 AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR CERTAIN WORK AND CONSTRUCTION WITHIN THE FLOOD PLAIN PURSUANT TO SECTION 10-34 OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK (Ben Fuller Museum) WHEREAS, the Ben Fuller Museum Association has petitioned the corporate authorities of the Village of Oak Brook, DuPage and Cook Counties, Illinois for a Special Use Permit under Section 10-34 of the Code of Ordinances of the Village of Oak Brook relating to_ flood plain and wetland regulations ; and WHEREAS, a public hearing on such petition has been conducted by the Zoning Board of Appeals of the Village on February 3, 1981 pur- suant to due and appropriate legal notice ; and WHEREAS , the Plan Commission of the Village of Oak Brook has submitted its recommendations to the President and Board of Trustees ; and WHEREAS, the proposed work and construction satisfies the requirements of and is consistent with each of the factors set forth in Section 10-34(c) of the Code of Ordinances -of ttte 'Village of Oak Brook relating to minimum standards for use of flood plain property ; and WHEREAS, the corporate authorities of the Village of Oak Brook 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 hereina.bove set forth are hereby adopted as though fully set forth herein . Section 2 : Pursuant to Section 10-34 of the Code of Ordin- ances of the Village of Oak Brook a Special Use Permit is hereby granted to allow construction of a foundation and placement thereon of the so-called "Ben Fuller" home as a non-residential museum with- in the flood plain on the property described in the attached Exhibit "A" Section 3 : That the Special Use Permit granted pursuant to Section 2 of this Ordinance is expressly subject to the following condi- tions : A. That the foundation and building placement be in substantial conformance with the plans therefor, entitled "Alteration To The Ben Fuller House" dated December 2, 1980 prepared by Albert W. Donner and Associates Architects , consisting of 4 pages , a copy of which is attached hereto , labelled Exhibit "B" and hereby made a part hereof . B. That the building not be used as a residence or con- tain any space used for habitation . C. That the proposed museum building be connected to public sewer and water facilities . D. That the applicant hereunder request and receive building permits for all necessary work in compliance with all applicable Village ordinances and the following special provisions : Ordinance No. S-_ 470 Page 2 Special Use Permit - Ben Fuller Museum ( 1) That a demolition bond be posted with the Village to guarantee removal of the house, in form and substance acceptable to the Village as approved by the Village Attorney . (2) That no mechanical devices needed for the main- tenance and operation of this building be located in the basement crawl space , except sump pump(s) which might be necessary for drainage. ( 3) That the foundation be constructed in a manner satisfactory to the Village Engineer and Building Inspector. (4) That the foundation plan be signed and sealed by a registered Structural Engineer . E. That the Building Inspector be and is hereby authorized to issue two building permits in accordance with Sub- section (D) hereof : (1) a permit for construction of the foundation and placement of the Ben Fuller house thereon; and (2) a subsequent permit for completion of the re- novation thereof , provided that such subsequent build- ing permit be issued within 18 months of substantial completion of the work encompassed in the initial permit , and require completion within 30 months of sub- stantial completion of the work encompassed in the initial permit . F. That the Forest Preserve District of DuPage County , as record owner of the subject property described in the attached Exhibit "A" , ( 1) join in the application which is the subject of this Ordinance ; and (2) evidence its agreement , by appropriate ordinance or resolution of the President and Board of Commissioners of the said District , -to comply with and abide by the provisions of this Ordinance including, without limitation , the conditions enumerated in this Section. Section 4 : That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. Section 5 : All ordinances , rules and regulations of the Village of Oak Brook which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict, but only as they apply to the property hereinabove described. Section 6 : If any section , subsection , sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such determination shall not affect the validity of any remaining portion of this Ordinance. Passed this 10th day of March 1981. Ayes : Trustees Congreve, Reynolds, Push and Watson Nays : Trustee Philip Absent : Trustee Imrie Approved this 10th day of Ma 1981. r IIIage Pre ident Ordinance No. S--470 Page 3 Special Use Permit - Ben Fuller Museum ATTEST: Village Clerk pproved s to Form: Vi 1 ge Attoilney Published Date Paper Not Published g 1 i -- ' 1 o }. 1.1 -E� •+4 it r •� S� �R{ r•�n�s�a„�� W'� 3I T ! ;T�!'ti�-L� ,r' �''-� 5 � ,,_„�''� t i/�1)c!E.•'f/'tt ='f1 r r Cf 15. t � a ct±+c'4y .�r t r� t� _ ,� �t�•.l�j srl� 2 jj ;kp '- ri•1 .r`.N' t®• 1 t i. s .,.-.. •rlt !, t sYN �t'!• :at r, t• Yr_` t it _ '.:.�. ... •lt! / y`, X3..F:� f a ',.-- � +Y -4:1:}I+tE _ 1'" -� t �a • r 11r t t 1+: `v 'L- • L x 'tea sr� ik�i -� �-d c�+' # ._.. 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Y r a �i`r � ' --«-'•..,.' __. kris i.+�r5 j '` , 'Z•' � rZ 1fi�l t +' =t t +, ,. � kr'� feI•� l 1• K' ia =�wtt�tls�}, ( �.'3i r r ?M` "'tCS gq- • T 1htl+r )t�Lr a Ail zI to -.) 1. ti d< on � �' .•.- ' alt k "1"'i-c° a •. d • i r�-� n _ .1-• • !,�Eat �..,,_i4 e� 1 ! < =•r: ) i b r t �� ♦{a'}f`* , ��s� ��`.�` •'� "� sr, t�3iT4� 4.,.r 7 -/� b X_ r.,, .. - -. n.>i,_..,,w.r:aiisz..n -;ts't•......LR...•.hhvi�:i :�...'7a�aa:+rx v..i,'.�.i"..�s•.�`.,'c!..,'`' -» c,'t` Yc}c}:3 Olt f E X H I B I T x� r, t Wt*k alu a V adELi20 f f E'L, c7YE)WES.lty., J�ommEZmuL� and STz5 d ATTORNEYS AT LAW 124 S. WASHINGTON STREET P.O. Box 359 NAPERVILLE. ILLINOIS 60566 312/355-8200 CARLETON NADELHOFFER p S DONALD J. HENNESSY ALBIN DOMMERMUTH March 3, 1981 F. N D. L STEPHEEN D. HELM DANIEL L. KUHN PAUL M. MITCHELL JAMES E. SALOGA JONATHAN Y. MOSS CRAIG J. COBINE L. L. RECHENMACHER. BRIEN J. NAGLE OF COUNSEL. Village of Oak Brook 1200 Oak Brook Road Oak Brook , Illinois 60521 Attention : Mr . John H. Brechin , Village Attorney Re : Ben Fuller House - Fullersburg Woods Nature Preserve Gentlemen : Enclosed is a certified copy of the ordinance authorizing the Forest Preserve District of DuPage County, Illinois , to consent to the Village of Oak Brook ordinance involving the Ben Fuller House . Some of the commissioners of the district were concerned that by accepting this ordinance the district would thereby be con- senting to the applicability of the Village of Oak Brook ordinances to other district properties . I do not feel this is the case , since this only applies to the Ben Fuller House and Museum Property, and this ordinance is submitted on that under- standing . It is not my intention that either the district or the Village of Oak Brook waive its position with respect to the applicability of other ordinances to other property ; these would , of course , be discussed at other times , depending on all the circumstances . Very truly yours , Carleton Nadelhoffer CN/j 1 Enclosure xc : Mr . H. C . Johnson , Director Forest Preserve District of DuPage County , IL 881 West St . Charles Road j Lombard , Illinois 60148 i t w . . .� S" ORDINANCE AUTHORIZING CONSENT TO PROCEEDINGS RESULTING IN ORDINANCE OF THE VILLAGE OF OAK BROOK GRANTING A SPECIAL USE PERMIT FOR .CERTAIN WORK AND CONSTRUCTION WITHIN THE FLOOD PLAIN FOR THE BEN FULLER HOUSE MUSEUM AT FULLERSBURG WOODS NATURE PRESERVE 1-776 WHEREAS, the FOREST PRESERVE DISTRICT OF DU PAGE COUNTY, ILLINOIS (hereinafter "District " ) executed an Ordinance Authorizing Execution of a Contract between the Ben Fuller Museum Association and The Forest Preserve District of DuPage County, Illinois , for the location , restoration , and operation of the Ben Fuller House at Fullersburg Woods Nature Preserve, on August 19 1980; and, WHEREAS, it is necessary that the District , as owners of , the land upon which the Ben Fuller House is to be located be co- applicants for and consent to a special use permit to the Village of Oak Brook , Illinois , for certain construction of a foundation and placement thereon of the Ben Fuller House as a non-residential museum within the flood plain on the property described in the beloxv Village of Oak Brook Ordinance . NOW, THEREFORE, BE IT ORDAINED by the President and Board of Commissioners of the District .as follows : Section 1 : The provisions of the Village of Oak Brook Ordinance attached hereto are hereby adopted by the District and shall be binding on the Ben Fuller House Museum. Section 2 : The President and _Secretary of the District a hereby authorized and directed to execute any and all documents necessary to carry out the terms of this Ordinance and to cause said ordinance to be binding . Section 3: The Secretary of the District is authorized j 1 and directed to transmit a copy of this ordinance to the Director, t Attorney and Secretary of the District , respectively. 4 PASSED and APPROVED by the President and Board of Commissiners of the Forest Preserve District of DuPage County, Illinois, this 3rd day of March , 1981. APPROV ATT Presi ent ecretary AY 16 NAYS A 13 S r\i'r . 9 S-4-10 STATE OF ILLINOIS) ) SS. COUNTY OF DU PAGE) I, Jay C. Bennett, Sr. , Secretary of the Forest Preserve Commission in the County and State aforesaid, and keeper of the records and files thereof, do hereby certify the foregoing to be a true and correct copy of an ORDINANCE -77 passed by the Board of Commissioners at a meeting held at the DuPage Center, 421 N. County Farm Road, Wheaton, Illinois , on the 3rd day of March , A. D. 1981. All of which appears from the records .of the proceedings of said Board of Commissioners now in my office remaining. Given under my hand and official seal at Wheaton, Illinois , this 3rd day of March A. D. 1981 . S re ry, F es Preserve Commission Du age County, Illinois i ti r r 4)l"T 4 S—LA-7 0 The Ohio Casualt y Insurance Company - HAMILTON, OHIO Bond No. 2-129-531-10 BOND FOR COMPLIANCE WITH ORDINANCE NO. S-470 KNOW ALL MEN BY THESE PRESENTS, That we, BEN FULLER MUSEUM ASSOCIATION, INC. , hereinafter called Principal, and THE OHIO CASUALTY INSURANCE COMPANY, hereinafter called Surety, are held and firmly bound unto THE VILLAGE OF OAK BROOK, ILLINOIS, here- inafter called Obligee, in the full and just sum of FIVE THOUSAND AND NO/100--($5,000.00) DOLLARS, lawful money of the United States of America, for which sum, well and truly to be paid, the said principal and surety bind ourselves, our heirs, executors, administrators successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above obligee has issued its Ordinance No. S-470 granting authority to the principal for construction of a foundation and placement thereon of the so-called "BEN FULLER" HOME, and WHEREAS, as a condition of the ordinance, the installation and completion of the renovation of the "BEN FULLER" HOME is to be substantially compl6ted within Thirty (30) months of the issuance of the initial permit; otherwise, .the structure is to be removed. NOW THEREFORE, The condition of this obligation is such, that if the principal shall substantially complete the renovation within the thirty month period, this obligation to be null and void; otherwise to be and remain in full force and effect. BEN FULLER EUM AS GIATION, INC. �r L� Y Count Zr nee �- ti �T' -o�-- THE OHIO CASUALTY INSURANCE COMPANY i ._. i��� ZI ' ti Illinois Re ident Agent �/� By MARTIN S. MULKERRIN, Attorney-In-Fact