S-608 - 05/26/1987 - VARIATION - Ordinances ZONINe. - 1 q Q 7
ORDINANCE N0. S- 608 VAR1q ri4tyS• E4STEIN, MoRRIS
AN ORDINANCE GRANITING VARIATIONS FROM THE PROVISIONS OF 3A-( H61PALE'TOAIiw
SECTIONLS V(G)(3),(d)(2) AND (3) OF THE ZONING ORDINM= aibg I-RVARyb
Lo7 CovEmA&E
OF THE VILLAGE OF OAK BROOK, ORDINANCE G-60, AS AMENDED, R?1-0 79's 7
RELATIVE TO REQUIRED SIDE YARDS AND REAR YARD LOT COVERAGE �'-3
(327 Hmbletonian Drive)
WHEREAS, an application has been filed requesting a variation from the
provisions of Sections V(G)(3)(d)(2) and V(G)(3)(d) (3) of the Oak Brook Zoning
Ordinance, Ordinance G-60, as amended, to permit an existing swimming pool in a
required rear yard at 327 Hambletonion Drive to cover more than 30 percent (30%)
of said rear yard and be located less than 5 feet (51) from the side lot line;
and
MMMEAS, a public hearing on such application has been conducted by the
Zoning Board of Appeals of the Village of Oak Brook on May 5, 1987 pursuant to
due and appropriate legal notice; and
*1ERE,AS, a recarmendation has been made by said Zoning Board of Appeals
that the variations requested be granted; and
WHEREAS, the said Zoning Hord of Appeals made explicit findings in its
report dated May 7, 1987 that the variations requested meets the applicable
standards set forth in section XIII(G)(4) of the said Oak Brook Zoning Ordinance;
and
WHEREAS, the President and Board of Trustees of the Village concur with
the recommendations and findings made by the Zoning Board of Appeals;
NOW, THEREFORE, BE IT ORDRINED BY THE PRBSIDMT AND BOARD OF TMMEES
OF THE VILLAGE OF OAK BROOK, DO PAS AND COOK COUNTIES, ILLINOIS as follow:
Section 1: That the provisions of the preamble hereinabove set forth
are hereby ° o pt�s though fully set forth herein.
Section 2: That variations are hereby granted from the provisions of
Sections V(G) (3)(d)(2) and V(G)(3)(d)(3) of the Zoning Ordinance of the Village
of Oak Brook so as to permit an existing swimming pool in a required rear yard to
cover 42.8 percent (42.84) of said rear yard and be located less than 5 feet (51)
from the side lot line provided that:
a) If it is necessary for any reason for the Village or any
utility company to disturb the detached accessory structures,
including the Jacuzzi, which now cover a portion of the six-
foot public utility easement located along the west side of
the Subject Property, the then owner of the Subject Property
shall pay for all costs incurred with the removal of the
improvements and restoration of same, if any.
b) The then owner of the Subject Property shall save, defend,
indemnify and hold harmless the Village and all utility
companies from any claims, demands or causes of action arising
out of any disturbance by the Village or utility company(s) of
the detached accessory structures which now cover a portion of
the six-foot public utility easement located along the west
side of the Subject Property.
c) No owner of the Subject Property may replace any portion
of the detached accessory structures now located in the
required rear yard or required side yard which exceed the
permissible standards set by the Zoning Ordinance as amended
from time to time.
Section 3: That this Ordinance is limited and restricted to the
property c on my known as 327 Hambletonian Drive, Oak Brook, Illinois, which
property is legally described as follows:
Lot 229 in Saddle Brook Unit No. 4, being a Subdivision of
part of the Southwest quarter of Section 33, Township 39
North, Range 11 East of the Third Principal Meridian according
to the plat thereof recorded May 24, 1978, as Document
R78-45097 in DuPage County, Illinois.
Permanent Parcel No. 06-3304-021.
�A
ordinance No. S-648
Granting Variations Blelative
to Side Yards and bear Yard
Lot Qoverage
(327 Hw bletonian Dive)
Page two
i
K; Section 4: That this ordinance shall be in full Force and effect fray
and alter itsits passage and approval pursuant to law.
I PASSED this 26th day of May ,
1987.
Ayes: Trustees Bartecki, brie, Maher Rash an Winters
Nayj, :__Tjustgg Busby --
Absent- None
APPROVED this 26th day of May - . 1987.
Village Press en
ATPF P:
Village Clerk
Approved as to Form:
aA
Village Attorney
I
I
Published
Date Paper
Not Published SX