Loading...
S-563 - 07/23/1985 - VARIATION - Ordinances ORDINANCE NO. S- 563 AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK RELATIVE TO LOADING, YARD AND DRIVEWAY SEPARATION (601 and 607 Harger Road) WHEREAS, an application has been filed requesting certain, variations for property located at 601 and 607 Harger Read, Oak Brook, Illinois relating to loading, yard and driveway separation 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 July 2, 1985 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 limestone substrata which makes the construction of parking completely below the Natural Ground Level economically unfeasible; 3) that neither of the circumstances noted above are attributable to the applicant's conduct; 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 hereirabove set forth are hereby incorporated herein as though fully set forth. Section 2: That the variations granted herein, pursuant to this ordinance are limited to the property located at 601 and 607 Harger Road, Oak Brook, Illinois, which property is legally described as follows: Lot 1 in Boy Scouts of America Assessment Plat of part of the Southwest Quarter of Section 24, Township 39 North, Range 11 East of the Third Principal Meridian. in DuPage County, Illinois according to the Plat thereof recorded August 30, 1965 as Document No. R65-33223. And also Lot 1 in Vegter's Assessment Plat of part of said Southwest Quarter of Section 24, Township 39 North, Range 11 East of the Third Principal Meridian in DuPage County, Illinois according to the Plat thereof recorded June 13, 1953 as Document No. 685367. Permanent Parcel Nos. 06-24--304-002, 06-24-304-003 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) to reduce the number of required loading berths from 3 to 2; B. A variation from the requirements of Section. XI(D)(1) to permit the loading berths to be located on the easterly side of the proposed building; C. A variation from Section X(B) (5)(a) to permit construction of an underground parking garage extending up to the front lot line, which parking will project up to 3.5 feet above the Natural Ground Level within the 100-foot yard setback and the 30-foot side yard setback; and Ordinance No. S— 563 Granting Variations Relative to Loading, Yard and Driveway Separation (601 & 607 Harger Road) Page two D. A variation. from Paragraph 4 of Appendix II to permit driveways approximately 196 feet apart or 34 percent of the lot line adjoining the street. Section 4: That the variations herein granted are explicitly subject to the following conditions: A. That the applicant construct the building, parking, facility and other improvements in substantial conformity with the Substitute Grading Plan drawn by Fujikawa, Johnson, and Associates and Lindley and Sons, Inc, dated June 28, 1985, a copy of which is attached hereto, labelled Exhibit A and made a part hereof. B. That all loading berths be located below grade. C. That the underground parking facility not project more than 3.5 feet above the Natural Ground Level. D. That the exposed concrete on the north end of the parking facility be screened from view by plantings. E. That pavement for parking not more than six vehicles be provided in front of the building. Section 5: That this Ordinance shall be in full force and effect from and after it passage and approval pursuant to law. PASSED THIS 23rd day of July , 1985. Ayes: Trustees Bushy, Imrie, Maher, Rush and Winters Nays: None Absent: Trustee Philip APPROVED THIS 23rd day of July , 1985. i Village President ATTEST: Villa a Clerk Approved as to Form: Village Attorney Published Date Paper Not Published XX