S-449 - 04/22/1980 - SPECIAL USE - Ordinances ORDINANCE NO. S- 449
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW THE FILLING
OF LOTS IN A FLOOD PLAIN PURSUANT TO SECTION 10- 34 OF THE CODE
OF ORDINANCES OF THE VILLAGE OF OAK BROOK, ILLINOIS
(Lots 24 & 25 , Merry Lane Subdivision)
WHEREAS, the owner of certain property described herein
has petitioned the corporate authorities of the Village of Oak
Brook, Du Page and Cook Counties, Illinois ., for a Special Use
Permit under Section 10- 34 of the 'Code of Ordinances of the Vil-
lage of Oak Brook, relating to flood plain and wetland regula-
tions ; and
WHEREAS, a public hearing on such petition has been con-
ducted by the Zoning Board of Appeals of the Village on December 4,
1979 , January 2 , 1980 and March 4 , 1980 pursuant to due and appro-
priate legal notice ; and
WHEREAS, the Plan Commission of the Village of Oak Brook
has submitted its recommendation to the President and Board of
Trustees and
WHEREAS, the proposed use is consistent with the best use
of the flood plain, and
WHEREAS, the proposed use 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 the Village of Oak Brook;
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 hereinabove
set forth are hereby adopted as though fully set forth herein.
Section 2 : Pursuant to Section 10-34 of the Code of Ordi-
nances o he Village of Oak Brook, Illinois , a Special Use Permit
is hereby granted to allow the filling of lots in the flood plain
on property located in the Merry Lane Subdivision, Oak Brook,
Illinois , which property is legally described as :
Lots 24 and 2S in Merry Lane Subdivision, a subdivision of
that part of the East half of Section 23, Township 39 North,
Range 11 East of the Third Principal Meridian described as
follows : Beginning at a point on the East Line of said
Section 23, 77 . 8 feet North of the Northeast corner of
Southeast quarter of Section 23 aforesaid; thence Northerly -
along the East line of said Section a distance of 805 .94
feet to a point of intersection with the Southerly line
of Timber Trail Estates extended Easterly ; thence westerly
along said extended line and along Southerly line of said
Timber Trail Estates and along Southerly line of Timber
Trail .Estates Unit Two a distance of 1801 . 23 feet to the
Northeast corner of Timber Trail Estates Annex; thence
Southeasterly along Easterly line of said Timber Trail
Estates annex a distance of 546 . 42 feet to a point , said
point being 106 . 28 feet Northwesterly of the Southeasterly
Ordinance No. S- 449
Page two
Special Use - Flood Plain
corner of Lot 7 in said Timber Trail Estates annex,
thence Northeasterly along a line which is parallel to the
North line of Lot 6 in said Timber Trail Estates annex
and said North line extended Northeasterly a distance of
68 . 72 feet ; thence Southeasterly along a line which is
66. 0 feet Northeasterly of, as measured perpendicular to
and parallel with, the Easterly line of said Timber Trail
Estates annex a distance of 77, 08 feet ; thence Easterly
along a line which is 66. 0 feet Northerly of, as measured
perpendicular to and parallel with, the North line of
Lot 8 in Timber Trail Estates .annex and said North line
extended Easterly a distance of 1188. 75 feet ; thence
Easterly in a straight line 300 . 95 feet to the place of .�
beginning .
Permanent Parcel Numbers : 06-23-209-008
06- 23- 209-009
Section 3 : That the Special Use Permit herein granted in
Section 2 of this Ordinance is expressly subject to the following
conditions :
A) Consolidation and resubdivision of Lots 24 and 25
into one lot with construction allowed of only one
residence without a basement on the resultant lot .
B) Compensatory storage shall be provided in compliance
with Ordinance G- 217 of the Village of Oak Brook,
Sections 10-16 to 10- 52 of the Code of Ordinances
of the Village of Oak Brook.
C) The buildable area of the resultant lot shall be
confined to an area bounded by a 40 foot front yard
line and a parallel line 75 feet to the rear of said --�
front yard line .
D) No structure shall be constructed outside of the
buildable area as prescribed herein.
E) Areas to the side and rear of the foundation of the
principal structure, except for an area within 15 feet
of the foundation of the principal structure, shall
not be filled.
F) The house setback shall not exceed 40 feet.
G) Citation to the provisions of this Ordinance shall be
included on each and every deed conveying any interest
in the property which is the subject of this Ordinance.
H) Swa-les shall be constructed on the side lot lines with
a minimum one per cent grade starting at the curb line
and sloping to the watercourse.
I) The petitioner shall cause the- title holder of the
property to execute a covenant not to sue in a form
acceptable to the Village and cause the same to be
recorded with the DuPage County Recorder of Deeds
prior to the Village granting any building permit .
J) The petitioner shall disclose the condition of the
property to purchasers and prospective purchasers
thereof by delivery to them of a topographical map
showing the property in question giving the approxi-
mate elevation of the flood plain and approximate
r
f
i
F
C
t
Ordinance No . S- 449
Special Use-Flood Plain
Page three
location of the floodway for the subject property
with building recommendations and notice shown there-
on in the form as approved by the Village including
the Merry Lane Flood Plain information study prepared
by PRC Toups Corporation.
Section 4 : That this Ordinance shall be in full force
and effect 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 pro-
visions of this Ordinance , are hereby repealed to the extent
of such conflict, but only as they apply to the property_ here-
inbefore 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 22nd day of April 1980 .
Ayes : Trustees Reynolds , Rush , Watson and President Cerne
Nays : Trustees Congreve and Philip
Absent : None
Approved this 22nd day of April 1980 .
i age resi ent
ATTEST:
_711- age ter- cf—
Approved as to Form:
Vill ge AtYor1fiey
Published
Date Paper
X
Not Published