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S-569 - 10/08/1985 - VARIATION - Ordinances ORDINANCE NO. S— 569_ IL AN ORDINANCE GRANTING CERTAIN VARIATIONS FROM THE PROVISIONS OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK, ORDINANCE NO. G-60, AS AMENDED RELATIVE TO PARKING AND LOADING (2001 York_ Road) WHEREAS, an application has been filed requesting certain variations for property located at 2001 York Road, Oak Brook, Illinois, relating to parking and loading 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 March 5, 1985 and has recommended against granting all of the variations requested for the principal reason that much of the testimony supported the-need for a general zoning text r. amendment rather than the requested variations; and WHEREAS, while the Village is presently applying for certain text amendments, the notice and hearing process would unduly delay the applicant; and WHEREAS, the applicant has established a unique hardship in that the subject property is an interior through lot and thus has a rear yard setback of 100 feet rather than the usual 10 foot setback for parking. Moreover, there is a large grove of oak trees on the eastern portion of the subject property which will be saved if certain variations are granted; and WHEREAS,. the corporate authorities deem those variations set forth below to be consistent with the spirit and intent of the Oak Brook Zoning Ordinance in light of the unique circumstances attendant to the subject property. 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 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 2001 York Road, Oak Brook, Illinois, which property is legally described in the attached Exhibit A based upon specific hardships as set forth in the preamble hereto. 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. Variations from the requirements of Appendix I to reduce the minimum dimension required for 90 degree parking for standard size cars as follows: 1. Width of space from 910" to 816". 2. Depth of space perpendicular to aisle from 1810" to 17'6". 3. Width of aisle from 2710" to 24101t. B. A variation from the provisions of Section XI(E)(12)(d) (8) of the Zoning Ordinance to increase from ws' 275 to 329 the building floor area for which a minimum of one (1) parking space must be provided. C. A variation from the provisions of Section XI(D)(7) of the Zoning Ordinance to reduce the number of off—street loading berths to one (1) per 100,000 square feet or fraction thereof. Ordinance No. S- 569 Y Granting Certain Variations Relative to Parking& Loading (2001 York Road) Page two Section 4: That the variations herein granted are explicitly subject to the following conditions: A. That the variations hereby granted shall automatically terminate at such time as the building shall be required by the provisions of Section XII of the Zoning Ordinance to conform to all regulations of the District in which it is located. B. That the variations herein are granted for so long as the subject property is used for office purposes. C. That the parking on the subject property shall be constructed in substantial conformity with the two-sheet Site Plan drawn by FCL Associates, Inc. and dated September 18, 1985. D. That the owner of the subject property shall execute and deliver to the Village a covenant covenanting the (owl- construction of an additional number of parking spaces required to bring the total number of spaces into conformance with one space for every 300 square feet of building area upon a finding by the Village that the existing parking ,is inadequate. "Inadequate" for purposes of said covenant shall mean any time when non-permitted areas are utilized for parking purposes in any five (5) days of any thirty (30) day period as determined by the Village. Said covenant shall be in form and substance acceptable to the Village as approved by its Village Attorney. Section 5: That this Ordinance shall be in full force and effect from and after its passage and approval pursuant to law. PASSED THIS 8th day of October , 1985. . Ayes: Trustees Bushy, Imrie, Maher, Philip and Winters Nays: None Absent: Trustee Rush APPROVED THIS 8th day of October , 1985. Vil ag P silent ATTEST: VIlla Clerk Approved as to Form: Published Date Paper Not Published XX Village Attorney