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S-681 - 01/09/1990 - ZONING -VARIATION - Ordinances n ORDINANCE S- 681 AN ORDINANCE GRANTING VARIATIONS AND OTHER RELIEF FROM THE PROVISIONS OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK RELATIVE TO PARKING AND REQUIRED YARDS AT THE OAKBROOK CENTER MALL WHEREAS, applications have been filed requesting certain variations for the Oakbrook Center Mall relating to parking requirements to allow for the construction of a parking garage, the provision of off-site parking and the reduction in the number of required parking places; and WHEREAS, the Zoning Board of Appeals and Plan Commission of the Village of Oak Brook have made recommendations for the approval of the requested relief sought in said application pursuant to public hearings conducted by the Zoning Board of Appeals on November 21, 1989, and by the Plan Commission on November 20, 1989; and WHEREAS, the 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 unique circumstances related to the right-of-way configuration, the lack of any negative effect upon the neighbor- hood, and that the yield of the property would be negatively affected if the variations requested were not granted; and WHEREAS, the corporate authorities have considered said recommendations and findings and concur in the same; 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 l: That the provisions of the preamble hereinabove set forth are hereby incorporated herein as though fully set forth herein. Section 2: That the variations granted herein are limited to the property known as the Oakbrook Center Mall, Oak Brook, IL, which property is legally described in the attached Exhibit A. Section 3: That a variation from the provisions of Section VII(D)(4) of the Zoning Ordinance is granted so as to permit construction of a parking garage located approximately 190 feet from the right-of-way line of 22nd Street and Illinois Route 83. Section 4: That a variation is granted from the provisions of Section XI(E)(12)(e)(3) of the Zoning Ordinance to reduce the required off-street parking spaces by approximately 575 spaces from the required 10,893 spaces. Section 5: That a variation from the provisions of Section XI(E)(10) of the Zoning Ordinance is hereby granted so as to preclude the necessity of the ! Ordinance s--681 An Ordinance Granting Variations and Other Relief Relative to Parking and Required Yards at the Oakbrook Center Mall Page 2 filing of a covenant regarding the use of off-site property for accessory parking as depicted in the attached Exhibit B. Section 6: That pursuant to the provisions of Section XI(E)(2) of the Zoning Ordinance, authorization is granted for the construction of approximately 385 required parking spaces at an off-site location as depicted in the attached Exhibit B. Section 7: That the variations herein granted are expressly subject to the following conditions: A. That the parking garage proposed to be constructed shall contain not more than 3 levels (2 above ground) and shall contain not less than 620 parking spaces in conformance with the provisions of the Oak Brook Zoning Ordinance. The location of such parking garage shall be substantially identical to the location depicted in the attached Exhibit B. B. That the owner of the subject property execute and deliver to the Village a covenant agreeing to construct up to 575 additional parking spaces upon the request of the Village of Oak Brook. Said covenant shall be in the form and substance acceptable to the Village as approved by its Village Attorney. Section 8: That this Ordinance shall be in full force and effect from and after passage and approval as provided by law. PASSED THIS 9th day of January 1990. Ayes: Trustees Bartecki, Bushy, Payovich, Rush and Winters Nays: None Absent: Trustee Maher Abstain: None APPROVED THIS 9th day of January , 1990 village Presiders 1 S Ordinance S- 681 An Ordinance Granting Variations and Other Relief Relative to tF. Parking and Required Yards at the Oakbrook Center Mall Page 3 ATTEST: Village Clerk Approved as to Form: A i Village Attorney 1. � Published Date Paper Not Published XX I r EXHIBIT A Lots 1, 2, 3, 4, 5, 6, 7 and 9 in Oakbrook Terrace, a subdivision of part of Section 23, Township 39 North, Range 11 East of the Third Principal Meridian; excepting from said Lots 3 and 9 those parts thereof dedicated for highway purposes by instruments recorded on September 8, 1961 as Document R61-21444 and on November 20, 1961 as Document R61-30843; and excepting from said Lots 5 and 7 those parts thereof dedicated for highway purposes by said instrument recorded as Document R61-30843; and excepting from said Lot 9 that part thereof included within the First Federal Resubdivision, a resubdivision recorded May 3, 1978 as Document R78-38235; in DuPage County, Illinois, containing 5,695,107 square feet (130.7417 acres) more or less. Permanent Parcel Nos. 06-23-300-022 through 06-23-300-033, 06-23-300-036, 06-23-300-037 and 06-23-300-040 through 06-23-300-042. i