S-917 - 10/27/1998 - VARIATION - Ordinances ORDINANCE 98-ZO-V-S-917
AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS
OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK
RELATIVE TO YARDS, GROUND SIGNS, FENCES AND LOADING BERTHS
(3824 York Road, Oak Brook, IL 60523)
WHEREAS, in 1972, in a case entitled Cities Service Oil Company v. Village of Oak Brook, 71-
1443-G,the Circuit Court found that the setback lines imposed by the Village on the property at 3824
York Road ("Subject Property") "in effect, prevent the use" of the Subject Property"by depriving the
owners of the major portion of the property on which to construct a building"; and
WHEREAS,the Circuit Court's decision was affirmed in Cities Service Oil Company v. Village of
Oak Brook, 15 III.App.3d 424, 304 N.E.2d 460 (2nd Dist., 1973) wherein the Appellate Court found that
the setback restrictions were "clearly unreasonable" and agreed with the Circuit Court that the Village's
Zoning Ordinance as applied to the setback requirements of both parcels comprising the Subject
Property was unconstitutional; and
WHEREAS, an application has been filed requesting setback and other variations for the Subject
Property; and
WHEREAS, the Zoning Board of Appeals of the Village of Oak Brook, pursuant to due and
appropriate legal notice conducted a public hearing thereon on April 7, 1998; and
WHEREAS, the said Zoning Board of Appeals made specific findings of fact and
recommendation for approval of the following variations:
1. A variation from the provisions of Section VIII(E)(4) to reduce
(a) the required front yard from 100 feet to 73 feet in width;
(b) the northerly required side yard from 60 feet to 40 feet in width;
(c) the southerly required side yard from 60 feet to 20 feet in width;
(d) the required rear yard from 60 feet to 15 feet in width;
2. A variation from the provisions of Section VIII(E)(5)to permit construction of one freestanding
ground sign on a lot less than three acres in area; said sign shall comply with the plans prepared by
R. A. Mifflin Assoc. Architects, dated as last revised on September 30, 1998, incorporated herein by
reference, including the symbol requirements of the Graue Mill Gateway Area;
3. A variation from the provisions of Section XI(D)(1) to provide relief from the location, size and
enclosure requirements for off-street loading berths, thereby allowing loading activities in the parking
lot and in a designated area adjacent to the trash enclosure; and
WHEREAS, following the hearing before the Zoning Board,the applicant revised its request for
the southerly required side yard from 20 feet in width to 23 feet in width; and
WHEREAS,the corporate authorities of the Village of Oak Brook have considered these
recommendations and findings and concur in the same since they are supported by the preponderance
of evidence in the record;
Rocca-Variations
Ordinance 98-ZO-V-S-917
Granting Variations to the Property
at 3824 York Road, Page 2
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 the variations are hereby granted from the above provisions of the
Zoning Ordinance of the Village of Oak Brook as set forth in the preamble, including a 23-foot
wide southerly required side yard, subject to the conditions set forth in Section 3;
Section 3: That the variations are hereby granted subject to the following conditions:
(a) that the improvements to the Subject Property be in substantial conformity with the Site
Plan, prepared by R. A. Mifflin Assoc. Architects, as last revised September 30, 1998,
incorporated herein by reference ("the Site Plan");
(b) that a fence (not more than 42" high and not less than 50% open) be constructed along the
west lot line;
(c) that the variations herein granted shall automatically terminate and be of no force or effect
without further action by the Village Board in the event that the contract purchaser(Alan
Rocca) or nominee fails to take title to the Subject Property on or before January 31, 1999.
The foregoing conveyance date may be extended without public hearing by the President
and Board of Trustees upon a showing of necessity by the contract purchaser; and
(d) that the variations herein granted shall automatically terminate and be of no force or effect
without further action by the Village Board in the event that construction of the improvements
pursuant to the Site Plan has not been substantially completed by December 31, 2000. The
foregoing completion date may be extended without public hearing by the President and
Board of Trustees upon a showing of necessity by the property owner.
Section 4: That the variations herein granted pursuant to this ordinance are limited to the
property located at 3824 York Road, which property is legally described as:
Parcel 1: Lot 1 in J. Lynch's Assessment Resubdivision of part of Tract B, in J. Lynch
Second Plat of Survey (recorded February 11, 1954 as Document No. 707775), of part
of Lot 1 in Gmoser and Bluma's Plat of Survey (recorded June 18, 1949 as Document
No. 570094), in the South '/z of Section 36, Township 39 North, Range 11, East of the
Third Principal Meridian, according to the Plat of said J. Lynch's Assessment
Resubdivision recorded May 2, 1957 as Document No. 840938, in DuPage County, IL.
Permanent Parcel No. 06-36-308-014.
Parcel 2: That part of tract B, in J. Lynch Second Plat of Survey (Document No.
707775), a part of Lot 1, Gmoser and Bluma's Plat of Survey situated in that part of the
South '/z of Section 36, Township 39 North, Range 11, East of the Third Principal
Meridian, bounded and described as follows to wit: Commencing at the Southwest
comer of the Southeast 1//4 of Section 36, Township 39 North, Range 11, East of the
Third Principal Meridian; thence East along the South line of Section 36, a distance of
280.5 feet to a point in the center line of Spring Road as now platted and recorded;
thence Northwesterly along the center line of said Spring Road, a distance of 245.90 feet
to the point of beginning; thence still along said center line of Spring Road, a distance of
Ordinance 98-ZO-V-S-917
Granting Variations to the Property
at 3824 York Road, Page 3
85.0 feet to a point, thence South 62 degrees, 01 minute West, a distance of 175.0 feet
to a point, thence, South 27 degrees 59 minutes East, a distance of 60 feet to a point,
thence 70 degrees 09 minutes East, a distance of 176.78 feet to the point and point of
beginning, except that portion lying in Spring Road, dedicated for highway purposes, all
in DuPage County, Illinois. Permanent Parcel No. 06-36-308-013.
Section 5: That this ordinance shall be in full force and effect from and after passage and
approval pursuant to law.
PASSED THIS 27th day of October, 1998.
Ayes: Trustees Bartecki, Caleel, McInerney and Shumate
Nays: None
Absent: Trustee Kenny; Trustee Savino (Recused)
Abstain: None
APPROVED THIS 27th day of October, 1998.
Village Presidpff
ATl EST '43
1CJ :.i
Approved as to Form:
Village Attorney
Published
Date Paper
Not Published XX
Applicant: Alan Rocca
Address: 114 Canterbury Lane
Oak Brook, IL 60523
PIN: 06-36-308-013 and 06-36-308-014