S-663 - 02/14/1989 - VARIATION - Ordinances ORDINANCE NO. S- 663
AN ORDINANCE GRANTING A FLOOD PLAIN VARIATION FOR
CONSTRUCTION OF AN ADDITION TO AN EXISTING NON-CONFORMING STRUCTURE
LOCATED WITHIN THE SALT CREEK FLOOD WAY PURSUANT TO
SECTIONS 10-21(A)(1) AND 10-35 OF THE CODE OF ORDINANCES
OF THE VILLAGE OF OAK BROOK
(447 FOREST TRAIL)
WHEREAS, the owner of the property described herein has petitioned the
the Village of Oak Brook, DuPage and Cook Counties, Illinois, for a Flood
Plain Variation under Sections 10-21(A)(1) and 10-35 of the Code of Ordinances
of the Village of Oak Brook, relating to flood plain and wetland regulations;
and
WHEREAS, a public hearing on such petition has been conducted by the
Zoning Board of Appeals of the Village on November 1, 1988 pursuant to due and
appropriate legal notice; and
WHEREAS, the Zoning Board of Appeals has recommended approval of the
petition since 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 Sections 10-21(A)(1) and 10-35 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 Sections 10-21(A)(1) and 10-35 of the Code of
Ordinances of the Village of Oak Brook, Illinois, a Variation is hereby
granted to allow construction of an addition to an existing non-conforming
structure located within the Salt Creek Flood Way on property located at 447
Forest Trail which property is legally described as follows:
Lots 9 in Timber Trail Estates Annex, being a subdivision of
part of the East 1/2 of Section 23, Township 39 North, Range
11, East of the Third Principal Meridian, DuPage County,
Illinois. Permanent Parcel #06-23-402-004.
Section 3: That the Variation herein granted in Section 2 of this
Ordinance is expressly subject to the following conditions:
A) Approval of the flood plain work by the Illinois Department of
Transportation, Division of Water Resources.
B) Provision of compensatory storage prior to ,completion of the
addition.
C) Construction of the proposed improvements substantially in conformity
with the document entitled "Proposed Garage Addition & Driveway
Modification" prepared by Donald G. Eddy Co. , last revised February b,
1989. A copy of said Proposed Garage Addition & Driveway Modification is
attached hereto, labelled "Exhibit A" and hereby made a part hereof.
Section 4: That this Ordinance shall be in full force and effect from
and after its passage and approval as provided bylaw.
Ordinance No. S-6 6 3
Granting a Special Use Permit for
Filling and Construction of an
Addition to an Existing
Non-Conforming Structure (447
Forest Trail)
Page 2
Section 5: All ordinances, rules and regulations of the Village of Oak
Brook which are in conflict with the provisions of this Ordinance are hereby
repealed to the extent of such conflict but only as they apply to the property
hereinbefore described.
Section 6: If any portion 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 14th day of 'February, 1989 +.•
Ayes: Trustees Bartecki , Bushy, hmrie , Maher , Rush and Winters-
Nays: None
Absent: None
APPROVED THIS 14 th- day of ''February\ 989
Vil age President
ATTEST:
Village Clerk
Approved as to Form:
Vi la e Attorney
Published
Date Paper
Not Published XX
a:ord.s26