S-1107 - 03/16/2005 - ZONING - OrdinancesORDINANCE 2005-ZO-V-EX1 -S-1 107
AN ORDINANCE GRANTING A VARIATION FROM THE
PROVISIONS OF SECTION 13- 12 -3H.2 OF TITLE 13
( "ZONING REGULATIONS ") OF THE VILLAGE CODE
OF THE VILLAGE OF OAK BROOK RELATIVE TO
OFF - STREET PARKING AND LOADING
(814 Commerce Drive, Oak Brook, Illinois 60523)
(P I N # 06 -23- 404 -022)
WHEREAS, the Village of Oak Brook has heretofore adopted an ordinance setting forth the
Zoning Regulations for the Village of Oak Brook in Title 13 of the Village Code, and
WHEREAS, Section 13 -14 -6 of the Village Code sets forth the authority and standards of the
granting of variations to the Zoning Regulations, and
WHEREAS, 814 Commerce, LLC ( "Petitioner ") is the owner of certain property legally described
as follows
LOT ONE IN OAK BROOK DEVELOPMENT COMPANY'S COMMERCE PLAZA SUBDIVISION
UNIT 3, OF PART OF LOT 1 AND ALL OF LOT 2 IN BUTLER COMPANY M -1, INC
ASSESSMENT PLAT NO 1, OF PARTS OF SECTIONS 23 AND 24, TOWNSHIP 39 NORTH,
RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF
SAID OAK BROOK DEVELOPMENT COMPANY'S COMMERCE PLAZA SUBDIVISION UNIT 3
RECORDED APRIL 8, 1969 AS DOCUMENT R69- 14514, IN DUPAGE COUNTY, ILLINOIS
WHEREAS, the Subject'Property is located within the ORA -1, Office- Research - Assembly District,
the regulations of which limit parking in the front yard setback to six spaces and which require that the
spaces be set back not less than twenty -five feet (25') from a street line, and
WHEREAS, the Petitioner submitted a petition for a variation to allow ninety -six (96) additional
parking spaces in the front yard setback with a setback along Commerce Drive of thirty -five feet (35) ,
and
WHEREAS, on December 7, 2004, the Zoning Board of Appeals of the Village of Oak Brook
conducted a public hearing at the Oak Brook Village Hall, 1200 Oak Brook Road, Oak Brook, Illinois in
connection with the aforesaid petition, after due and appropriate legal notice was given, and
WHEREAS, the Zoning Board of Appeals specifically considered the standards set forth in
Section 13 -14 -6 (D) of the Village Code and found that the petitioner addressed the factors as required by
the Zoning Ordinance for approval of a variation and that the variation would be designed so that the
public health, safety and welfare will be protected and there will be no substantial injury to other property
in the neighborhood, and
WHEREAS, the Zoning Board of Appeals recommended approval of the requested variation, and
WHEREAS, the Village Board recommended that the setback along Commerce Drive be reduced
from one hundred feet (100') to thirty -five feet (35'), and
Ordinance 2005- ZO -V -S -1107
Granting Variation from
Sec 13 -12 -3H 2,
Off- street Parking & Loading
(814 Commerce Drive
06 -23- 404 -022) Page 2 of 3
WHEREAS, the Village President and Board of Trustees concur with the findings and
recommendations made by the Zoning Board of Appeals as amended by their recommendation, and
WHEREAS, all applicable requirements of Section 13 -14 -6 of the Village Code relating to the
granting of variations to the Zoning Regulations have been met
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 The recitals hereto are incorporated as part of this ordinance
Section 2 A variation to Section 13 -12 -3H 2 of the Zoning Regulations of the Oak Brook Village
Code is hereby granted to allow an additional ninety -six (96) parking spaces in the front yard setback for
a total of one hundred, two (102) spaces, while maintaining a setback of thirty -five feet (35') along
Commerce Drive subject to the following conditions
1 The landscape plan including any plan changes that would be necessitated by reason of any
necessary detention requirements, if they come into play Subject to that condition the landscape
is to be provided in substantial conformance with the plan provided by Daniel Weinbach &
Partners, Ltd , dated December 7, 2004, attached hereto as Exhibit A
2 The proposed construction is to be built in substantial conformance with the plans as shown on
the proposed site plan provided by Archideas, revision date December 7, 2004
3 Petitioner shall construct a berm with additional plantings located adjacent to Harger Road in the
rear of the property Petitioner shall also provide vegetation along the west side of the property
and properly screen the dumpster /loading dock area, provided it meets staff review and approval
Section 3 This Ordinance is limited and restricted to the property commonly known as 814
Commerce Drive, Oak Brook, Illinois, P I N # 06 -23- 404 -022
Section 4 All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of the conflict
Section 5 This ordinance shall be in full force and effect from and after its passage, approval
and publication as required by law
APPROVED THIS 16th day of March, 2005
0
Kevin Ian
Village esident
Ayes
Nays
PASSED THIS 16th day of March, 2005
Trustees Aktipis, Caleel, Craig, Konn, Yusuf and Zannis
None
Absent None
Ordinance 2005- ZO -V -S -1107
Granting Variation from
Sec 13 -12 -3H 2,
Off - street Parking & Loading
(814 Commerce Drive
06 -23- 404 -022) Page 3 of 3
cl 0 �� ATTEST
vl� da K Gonnella, CMC�
Ilage Clerk t