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R-927 - 10/11/2005 - SUBDIVISION - Resolutions-t - RESOLUTION 2005— SD- FP -V -R -927 A RESOLUTION APPROVING THE FINAL PLAT KNOWN AS DANA PARK SUBDIVISION AND GRANTING A WAIVER AND A VARIATION FROM THE PROVISIONS OF SECTION 14 -6 -3 OF TITLE 14 ( "SUBDIVISION REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO PRIVATE STREETS AND SIDEWALKS (3111, 3113 and 3115 Meyers Road) P.I.N. # 06 -33- 103 -007, 06 -33- 103 -008, 06 -33- 103 -033 WHEREAS, the Plan Commission of the Village of Oak Brook, on September 19, 2005, recommended the approval of the proposed Dana Park Subdivision (3111, 3113 and 3115 Meyers Road); and WHEREAS, the property at 3111, 3113 and 3115 Meyers Road is legally described as follows: LOTS 1, 2 AND 3 IN MUELLER'S COUNTRY CLUB SUBDIVISION, A SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 11, 1968 AS DOCUMENT NO. R68 -23921 IN DU PAGE COUNTY, ILLINOIS AND ALSO THE SOUTH 297 FEET OF THE NORTH 594 FEET OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPTING THEREFROM THE WEST 553.68 FEET AND THE EAST 733.32 FEET) AND (EXCEPTING ALSO THE EAST 16 AND A HALF FEET OF THE SOUTH 297 FEET OF THE NORTH 594 FEET OF THE EAST HALF OF THE NORTH WEST QUARTER OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11, EXCEPT THE WEST 553.68 FEET AND EXCEPT THE EAST 733.32 FEET), IN DU PAGE COUNTY, ILLINOIS. WHEREAS, the Village of Oak Brook has heretofore adopted an ordinance setting forth the Subdivision Regulations for the Village of Oak Brook in Title 14 of the Village Code; and WHEREAS, Section 14 -7 -4 of the Village Code sets forth the authority and standards for granting variations to the Subdivision Regulations; and WHEREAS, the owner of the property at 3111, 3113 and 3115 Meyers Road, Frank Drukas, has submitted a petition for a variation to Section 14 -6 -3E of the Subdivision Regulations relative to the requirement for paved sidewalks on both sides of each street; and WHEREAS, on September 19, 2005, the Plan Commission reviewed the petition for subdivision, variation and waivers and recommended approval of the plat, variation and waivers; and WHEREAS, in making this recommendation, the Plan Commission found that the applicant had addressed the applicable standards required for a variation to the subdivision regulations; and WHEREAS, the Plan Commission made the following specific findings: Resolution 2005- SD- FP -V -R -927 Approving Final Plat Resubdivision 3111,3113,3115 Meyers Rd., 06 -33- 103- 007,06 -33- 103- 008,06 -33- 103 -033 Page 2 of 3 1. The subject property has substantial floodplain resulting in a significant portion of the property with dedicated basins and compensatory storage areas; 2. The proposed land subdivision creates four (4) lots that are in substantial conformance to the approved preliminary plat for the Villas of Oak Brook; 3. The proposed lots conform to the underlying zoning district of R -2; 4. The proposed subdivision will satisfy all requirements for a final plat of subdivision as contained in the Village of Oak Brook Subdivision Regulations; 5. The design of the proposed subdivision is in keeping with the surrounding neighborhood and does not negatively impact any adjacent'property; 6. Subject to the approval of the Earth Tech review of the landscape plans with the detention basins and compensatory storage areas; 7. Subject to addressing the conditions contained in Village Engineer Durfey's memorandum dated September 13, 2005; 8. Approval of the requested variation as follows: allow the private street, Cara Lane, and allow the reduction of the right -of -way width from a public sixty -six feet (66') to a private forty -five feet (45') as requested; and 9. Approval of the requested waiver of sidewalks; and 10. The Plan Commission does not object to the requested easement from the Village for the purpose of storm water management and floodplain compensatory as proposed by the applicant for the sum of $15,000.00 and will comply with Village requirements for storm water management and all maintenance is to be assumed by the subdivision. WHEREAS, the Village President and Board of Trustees have considered the recommendations and findings of the Plan Commission and concur with same. NOW THEREFORE, BE IT RESOLVED 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 Final Plat of Subdivision known as Dana Park Subdivision prepared by Arrow Todd Surveying E.D.M. & Associates, Inc., dated March 19, 2005, be and is hereby approved. Section 2: That approval of the Final Plat of the Dana Park Subdivision as per Section 1 hereof be and is hereby expressly subject to and is not effective until the following conditions are met: 1. That the final plat and final engineering plans be revised and approved by the Village Engineer; 2. Subject to addressing the conditions contained in Village Engineer Durfey's memorandum dated September 13, 2005; 3. That the applicant pay the Village $15,000.00 in exchange for an easement for storm water management pipes. , The applicant shall agree to maintain said pipes in an appropriate recordable document. Resolution 2005- SD- FP -V -R -927 Approving Final Plat Resubdivision 3111,3113,3115 Meyers Rd,, 06-33-103-007,06-33-103-008,06-33-103-033 Page 3 of 3 Section 3: All requirements, conditions and standards of the Subdivision Regulations of the Village of Oak Brook shall be applicable to the subdivision and development of said Dana Park Subdivision, except as waived or varied by this Resolution. Section 4: A waiver to Section 14- 6 -3(E) of the Subdivision Regulations is hereby granted waiving the requirement for a sidewalk on both sides of the street. Section 5: This resolution shall be in full force and effect from and after its passage, approval and publication as required by law. Section 6: All resolutions or parts thereof in conflict with the provisions of this resolution be and the same are hereby repealed to the extent of such conflict. APPROVED THIS 11th day of October, 2005. Kevin Q nlan Village resident PASSED THIS 11th day of October, 2005. Ayes:_ Trustees Aktipis Craig, Kennedy Manofsky Sanford and Yusuf Nays: None Absent: None 1� 1,\. �-WM Q F AAA- UU��� VIC- ATTEST: Linda K. Gonnella, CMC C Village Clerk ' I