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R-88 - 03/11/1969 - ZONING - Resolutions- -- Z06111dG•" ® ® RET.o�lielG R- a +o8 -1 e ® %WTEST by DKpAc E STATE OF ILLINOIS ) PEn"n6Ai n COUNTY OF DU PAGE ) SS 1 \\ VILLAGE OF OARBROOK ) 3EE ALSO: =.NSTMe -TE lei B44Sic. Li-pc RESOLUTION P/Reuc1*P1* -5 OF THE PRESIDENT AND BOARD OF TRUSTEES �ORME�`� OF THE ♦ CAM_, _ _ JJ E COUNTY, , ILLINOIS, DU PAGE COUNTY, ILLINOIS, PROTESTING OF �i�NS \J \J\ TEA DU PAGE COUNTY ZONING PETITION NO. 2036 Whereas, Section VIII, G, of the DuPage County Zoning Ordi- nance, adopted on December 10, 1935, as subsequently amended in its entirety effective May 1, 1957, and again revised effective June 21, 1966, as further amended, provides that upon written protest against any proposed amendment to the aforesaid ordinance by the President and Board of Trustees of a municipality where the land effected lies within one and one -half (1 -1/2) miles of the limits of a zoned municipality, filed with the County Clerk, such amendment shall not be passed except by the favorable vote of three- fourths (3/4) of all members of the County Board; and Whereas, Petition No. 2036 by Robert G. Brugh, Jr., was filed with the DuPage County Building and Zoning Department on January 7, 1969, and makes application for rezoning from "R -2" Single - Family Residence District to `B -1" Local Retail District and "R -3" Single - Family Residence District and for the issuance of a Special Use Permit for multiple - family dwellings and business and professional offices on property at the northeast corner of Adams Road and Ogden Avenue adjacent to the southern most boundary of the Village of Oakbrook, the legal description of which is attached hereto as Exhibit "A" and by this reference made a part hereof; and Whereas, the Zoning Board of Appeals of DuPage County held and conduct4d a public hearing on the aforesaid application on February 27, 1969; and Whereas, the aforesaid application concerns land located within one and one -half (1 -1/2) miles of the corporate limits of the Vil- lage of Oakbrook, a municipal corporation in DuPage County, Illinois, and the Village of Oakbrook is the municipality with limits nearest adjacent; and Whereas, it is the opinion of the President and Board of Trustees of the Village of Oakbrook that the application by Robert G. Brugh, Jr., for rezoning from "R -2" Single - Family Residence District to "B -1" Local Retail District and "R -3" Single - Family Residence District and for issuance of Special Use Permit for multiple- family dwellings and business and professional offices at the location and on the property described In Exhibit "A" attached hereto, is not desirable for the public welfare and is contrary to the public interest and that the same would be incompatible with land uses now permitted in said area and would be incompatible with land uses actually existing in said area and that the granting of the Special Use Permit would be dele- terious of property values and would place an extraordinary burden on governmental services in the territory effected and that rezoning of the property would be spot zoning inconsistent with the long range planniiV goals of thg County of Dupsge and the Village of Oakbrook; and Whereas, it is the opinion of the President and Board of Trustees of the Viilap of Oakbrook that the petitioner is not now denied the M.. . • Rb-g? • -2- enjoyment and benefit of its property under the present zoning classification of the County of DuPage since the property is merchantible as now zoned and classified; and Whereas, it is further the opinion of the President and Board of Trustees of the Village of Oakbrook that the rezoning and re- classification and issuance of a Special Use Permit for multiple - family dwellings and professional and business offices at this location would adversely effect natural drainage_ courses and would have an adverse effect on vehicular traffic on.Adams Road adjacent to the Village of Oakbrook and within the Village of Oakbrook; and Whereas, it is further the opinion of the President and Board of Trustees of the Village of Oakbrook that the petition is legally defective in that it seeks to authorize the construction of multiple - family dwellings in an area classified and zoned for single - family dwellings; NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVzD by the Presi- dent and Board of Trustees:of the Village of Oakbrook, DuPage County, Illinois, that the said Village of Oakbrook does protest the grant- ing of the rezoning and Special Use Psrmit:requssted by Petition No. 2036 applied for by Robert G. Brugh, Jr., and that the Village Clark in- directed to communicate this protest to the Board of Super- visors of DuPage County and the DuPage 'County Building and Zoning Department and the DuPage County- Zoning Board of Appeals. BE IT FURTHER RESOLVED that a certified copy of this Resolution be-filed in the office of the County Clerk.of DuPage County, Illinois, forthwith PASSED by unanimous vote of the corporate authorities of the Village of Oakbrook, DuPage County, Illinois, and ADOPTED this ` /r 3F day of March,:1969. 1( APPROVED: ATTEST: Cit_VlllqP resident LLage C�%r�Ic� . r � e EXHIBIT "A" Parcel 41: That part of the Northeast quarter of Section two (2), Township thirty -eight (38) North, Range eleven (11), East of the Third Principal Meridian, commencing at a point in the center of old Plank Road ton and forty -four hundredths (10.44) chains Westerly of a point on the East line of the Northeast quarter of Section two (2), Township thirty -eight (38) North, Range eleven (11), East of•the`Third Principal Meridian, which is eleven and twenty - six- hundredths (11.26) chains North of the'Southeast corner of said Northeast quarter of Section; thence running North twelve and twenty -four hundredths (12.24) chains to A stake; thence west tom (10) chains to center of Road; thence South in the center of said Road fifteen and sixteen hundredths (15.16) chains to the center.of the Old Plank Road; thence Easterly along center of old Plank Road to the place of beginning (except therefrom the West two (2) 'rods) in DuPage County, Illinois, Parcel }2: The Rest one hundred fifty -eight (158.0) feet including streets, of Lot one (1) (except the North five hundred (500.0) feet thereof) of Seidcheck'a subdivision in the Northeast quarter. of Section two (2), Township thirty -eight (38) North, Range eleven (11).,: East of the Third Principal Meridian, according'to the Plat thereof, .recorded July 26, 1916, in Book Eight (8) of Plats, Page seventy- one (11), &*.document 126018, in DuPage County, Illinois. Parcel 93: The West one hundred seventy -five (175.0) feet of the Bait three hundred thirty -three (333.0`) feet (inclusive of street) of-Lot rec one (1) (except the North five hundred (500.0) feet thereof) yin dcheck's Subdivision in the Northeast quarter of Section two , Township thirty -eight (38) North, Range eleven (II).-.`East the Third Principal Meridian, according to the ;Plat thereo , orded July 26, 1916, in Book eight (8) of Plats, page:aeventy- (71), as document 126018, in DuPage County, Illinois.