S-605 - 04/28/1987 - VARIATION - Ordinances ORDINANCE N0. S- 605
AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF
SECTIONS V(f) AND III(1) OF THE ZONING ORDINANCE
OF THE VILLAGE OF OAR BROOK, ORDINANCE G-60, AS AMENDED,
RELATIVE TO REQUIRED SETBACKS
(411 Ascot Lane)
WHEREAS, an application has been filed requesting a variation fran the
provisions of Sections V(f) and III(l) of the Oak Brook Zoning Ordinance,
Ordinance G-60, as amended, to permit the continuation of construction and use of
a residence encroaching approximately 12.5 feet within the building setback at
411 Ascot Lane; and
WHEREAS, a public hearing on such application has been conducted by the
Zoning Board of Appeals of the Village of Oak Brook on April 7, 1987 pursuant to
due and appropriate legal notice; and
WHEREAS, a recommendation has been made by said Zoning Board of Appeals
that the variation requested be denied; and
WHEREAS, the President and Board of Trustees, having reviewed the
record and considered additional argument offered by the Applicant find:
1. That the property in question cannot yield a reasonable
return if permitted to be used only under the conditions
of the R-3 Zoning District. The evidence indicated that
through no fault of the applicant, the house was
incorrectly sited on the Subject Property and subsequently
approved by the Village and Hameowner's Association.
Although construction of the house is not complete,
approximately $60,000.00 is required to move the house to
the proper setback. Moving the house is a substantial
hardship on the applicant;
2. That the plight of the owner is due to unique
circumstances. The evidence indicated the house on the
Subject Property was "under roof" before the error in the
location of the house was discovered; and
3. That granting the variation will not alter the essential
character of the locality; and
WHEREAS, the President and Board of Trustees adopt the findings of fact
set forth in the numbered paragraphs of the Applicant's attorney, David Gooder's,
letter dated April 10, 1987, a copy of which letter is attached hereto; and
WHEREAS, the President and Board of Trustees find that the passage of
this Ordinance is in the best interests 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: That a variation is hereby granted from the provisions of
Sections V(f) a- n III(1) of the Zoning Ordinance of the Village of Oak Brook so
as to permit the continuation of construction and use of a residence encroaching
approximately 12.5 feet within the building setback as required by the Saddle
Brook Chase Plat of Subdivision and the Oak Brook Zoning Ordinance provided that
landscaping on the property described below is installed and maintained pursuant
to the landscape plan dated April 24, 1987 by Ives-Ryan Group, Inc., at a cost
not less than $10,000.00. A copy of said landscape plan is attached hereto as
Exhibit A and incorporated herein by reference.
Ordinance No. S- 605
Granting a Variation
Relative to Required Setbacks
Page two
Section 3: That this Ordinance is limited and restricted to the
property commonly known as 411 Ascot Lane, Oak Brook, Illinois, which property is
legally described as follows:
Lot 26 in Saddle Brook Chase, being a Subdivision of part of
the North Half of Section 33, Township 39 North, Range 11,
East of the Third Principal Meridian, according to the Plat
thereof recorded on August 30, 1977 as Document R77-76836 and
Certificate of Correction recorded February 14, 1978 as
Document R78-13007 in DuPage County, Illinois.
Permanent Parcel No. 06-33-104-014.
Section 4: That this Ordinance shall be in full force and effect from
and after its passage and approval pursuant to law.
PASSED this 28th day of April , 1987.
Ayes: Trustees Bushy, Imrie, Maher, Philip, Rush and Winters
Nays: None
Absent: None
APPROVED this 28th day of April , 1987.
Vi irdy, esi ent
ATTEST:
vi age Clerk,'
Approved as to Form:
Vil age Attorney
Published
Date Paper
Not Published KY