S-379 - 05/10/1977 - VARIATION - Ordinances f R
1
1 .
ORDINANCE NO.
s� 3 77
AN ORDINANCE GRANTING A VARIATION TO SECTION V. N. OF ORDINANCE
NO. G-60, AS AMENDED, THE ZONING ORDINANCE OF THE VILLAGE OF
OAK BROOK, TO PROPERTY COMMONLY KNOWN AS MERRY LANE ROAD,
OAK BROOK, ILLINOIS
WHEREAS, the owner of the Subject Property described in Sec-
tion 2 below, has petitioned the Village of Oak Brook, Du Page and Cook Counties,
Illinois, for variation for the Subject Property; and
WHEREAS, the boards, commissions and agencies of the Village
of Oak Brook have held all required public hearings pursuant to statutory pub-
lic notice and have submitted all required reports and recommendations; and
WHEREAS, the President and Board of Trustees deem the passage
of this Ordinance to be in the best interest and pursuant to 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: The provisions of the preamble hereinabove set forth are hereby
restated herein as though herein fully set forth.
SECTION 2: The provisions of this Ordinance shall apply to the property legally
described as:
Lots 26 to 32, both inclusive, in Merry Lane Subdiv-
ision, being a Subdivision in the East half of Section
23, Township 39 North, Range 11, East of the Third
Principal Meridian, according to the plat thereof
1 recorded December 15, 1964, as document R64-46791,
in Du Page County, Illinois
the general location of the property being at Merry Lane Road, Oak Brook, Illinois.
I
SECTION 3: (a) The applicable rules and regulations of Section V,
N of "The Zoning Ordinance of the Village of Oak
Brook, Illinois, of 1966", being Ordinance G-60, as
amended, are hereby varied to permit the construc-
tion of homes to include basements below the base V
flood elevation. I
(b) The variation granted hereby is conditioned and
restricted that the actual construction meet the
following minimum standards: o
I
i. Section 2 (a), (b), and (c) of Ordi-
nance G-166 be complied with except
that the reference to 2.5 feet in (a)
be modified to 3.0 feet.
ii. Overhead sewers shall be installed
to convey sewage from the lower level
of the residence to the sanitary sewer- v
�l' age system. v
APB:LJ:5-25-77
iii. Automatic starting generator sets
shall be provided for each residence to
provide power to both the sewage and
drain the sump pumps in case of a
power outage.
iv. Where possible, gravity drain tile
shall be provided from footing drains
to outlet to Salt Creek. These drain
tile shall be equipped with a check
valve or flap gate to prevent reverse
flow at times of high water.
v. Side and rear yards, except for an
area within 15 feet of the foundation of
the principal structure, should not be
f illed.
vi. No structure on the lots shall be
constructed within the floodway.
vii. The front yard (distance from
street line to building line) shall not
exceed sixty (60) feet.
viii. Where practicable, construction
on all lots should not be in the flood
plain.
ix. That the provisions of the proposed
Ordinance entitled:
"AN ORDINANCE FOR THE MANAGE-
MENT AND CONTROL OF FLOOD PLAINS
AND WETLANDS WITHIN THE VILLAGE
OF OAK BROOK, DU PAGE AND COOK
COUNTIES, ILLINOIS, AND ITS ENVIRONS",
a copy of which is appended hereto as Exhibit
A, shall apply to the lots in the same manner
and with the same force and effect as though
the said proposed Ordinance were in effect
generally throughout the Village, except that
the provisions on compensatory storage shall
not apply, except insofar as the terms of this
Ordinance of Zoning Variation conflict therewith.
SECTION 4: The variation granted hereby is conditioned and restricted on the
petitioner's meeting the following requirements:
(a) Petitioner shall cause the title holder of the property
to execute a Covenant Not to Sue in the form appended
to this Ordinance as Exhit it B and shall cause the same
to be recorded with the DuPage County Recorder of Deeds
prior to the granting of the building permit for homes
with basements below the base flood elevation for the
subject lots.
2 -
(b) Petitioner shall disclose the condition of the
property to purchasers and prospective purchasers
thereof by delivery to such purchasers and prospec-
tive purchasers of a copy of the topographic map
showing Lots 26 to 32 inclusive of Merry Lane Sub-
division, giving the approximate elevation of the
flood plain and the approximate location of the flood-
way for the subject lots with Building Recommendations
and Notice shown thereon, in the form appended to this
Ordinance as Exhibit C. said topographic map being
prepared by Mark Lovejoy& Assoc., North Aurora,
Illinois, dated May 6, 1977.
(c) Petitioner shall cause this Ordinance of Zoning
Variation to be recorded with the DuPage County
Recorder of Deeds.
SECTION 5: This Ordinance of Zoning Variation shall act as a variation with
respect to the construction of homes to include basements below the base flood
elevation on the above-described property under the provision of the proposed
Ordinance referred to above in Section 3 (b) ix as the same may be amended
prior to adoption, subject to the provisions of this Ordinance.
SECTION 6: This Ordinance shall be in full force and effect from and after
its passage and approval as by Statute in such case made and provided. This
Ordinance shall be published in pamphlet form.
SECTION 7: 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 the conflict and only as they apply to the territory hereinbefore
described.
SECTION 8: 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 to ^ day of_ 1977.
NAYS: � �� •► :, •'.�
ABSENT: p ►
APPROVED this 1Q `day of _ 1977.
ATTEST: President
` Village Clerk
Filed in the Office of the Village Clerk and published in pamphlet form by auth-
orit of the President and Board of Trustees of the Village of Oak Brook this
day of I) , 1977.
Village Clerk
AY O f�JED'AS;TQ FORM
Village Attorney
- 3 -