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S-1134 - 09/13/2005 - ZONING - OrdinancesORDINANCE 2005- ZO- V -EX1 -S -1134 AN ORDINANCE GRANTING VARIATION FROM THE PROVISIONS OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO LOT AREA REQUIREMENTS (3109 York Road and 405 Oak Brook Road, Oak Brook, Illinois 60523) (PIN 06 -36- 200 -053, 06 -36- 200 -058 respectively) 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, Mr. Warren Stewart (Petitioner), the owner of certain properties, commonly known as 3109 York Road and 405 Oak Brook Road, Oak Brook, Illinois 60523 and legally described as follows in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Petitioner has submitted a Petition requesting a variation for the Subject Property, and WHEREAS, on August 2, 2005, the Zoning Board of Appeals conducted a public hearing at the Butler Government Center, 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 standards as required by the Zoning Ordinance for approval of variations 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 made specific findings of fact and recommendation for approval of the following variation. 1) A variation from the provisions of Section 13- 613-3A, Lot Area Requirement, to permit the further reduction of the required lot size, WHEREAS, the Zoning Board of Appeals recommended approval of the above requested variation; and 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 RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS Section 1. That the recitals hereto are incorporated as part of this ordinance. Ordinance 2005-ZO-V-EX1 -S-1 134 Granting Variation, Title 13 re Lot Size 3109 York Rd, 405 Oak Brook Rd 06 -36- 200 -053, 06 -36- 200 -058 Page 2of3 Section 2- A variation from the provisions of Section 13 -6B -3A of the Zoning Regulations of the Village Code of the Village of Oak Brook is hereby granted to allow for a reduction of the required lot size to the property located at 3109 York Road Section 3 The above variation must be in substantial conformance with the Final Plat of Subdivision known as Stewart's Subdivision prepared by Glen D Krisch Land Surveyor, Inc, dated July 13, 2005, which denotes the reduction of lot area to 26,666 square feet (labeled page II of the case file) Section 4 The provisions of Ordinance S -469 dated February 10, 1981, which permitted a reduction in the side yard setback to not less than nine (9) feet on the north side of the property located at 3109 York Road, are considered unique and shall be continued in full force and effect Section 5 This Ordinance is limited and restricted to the property legally described herein. Section 6 All ordinances or parts thereof in conflict with the provisions of this ordinance be and the same are hereby repealed to the extent of such conflict. Section 7 Notwithstanding the approval herein of the above - mentioned plans, exhibits, and Booklet, the Petitioner shall meet all Village ordinance and code requirements as in effect at the time of the issuance of a building permit or permits Section 8 This ordinance shall be in full force and effect from and after its passage and approval - as required by law APPROVED THIS 13th of September, 2005. K/Vin Quinlan, illage Preside (t PASSED THIS 13th day of September, 2005 Ayes: Trustees Craig, Kennedy, Manofsky, Sanford and Yusuf Nays None Absent Trustee Aktipis ®44r _. r V ATTEST- Linda K Gonnella, CM C �p Village Clerk 44 O•� J / Ordinance 2005-ZO-V-EX1 -S-1 134 Granting Vanation, Title 13 re Lot Size 3109 York Rd, 405 Oak Brook Rd 06 -36- 200 -053, 06 -36- 200 -058 Page 3 of 3 EXHIBIT A PARCEL 1. LOT 1 IN FLEISHMAN'S ASSESSMENT PLAT OF PART OF THE WEST %2 OF THE NORTHWEST '/4 OF THE NORTHEAST '/4 OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 26, 1981 AS DOCUMENT R81- 09757, IN DUPAGE COUNTY, ILLINOIS PARCEL 2 THAT PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBE BY BEGINNING AT A POINT 451.0 FEET EAST OF THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER, THENCE SOUTH, PARALLEL WITH THE WEST LINE OF SAID NORTHEAST QUARTER, 221 14 FEET TO A POINT ON THE NORTH LINE OF FLEISCHMAN'S ASSESSMENT PLAT, RECORDED FEBRUARY 26, 1981 AS DOCUMENT R81- 09757; THENCE EAST ALONG THE NORTH LINE OF SAID LOT 1, 167 98 FEET TO THE NORTHEAST CORNER OF SAID LOT 1, THENCE SOUTH, ALONG THE EAST LINE OF SAID LOT 1, BEING A LINE 33 0 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 36, AND ITS EXTENSION SOUTH, 174.50 FEET TO A CORNER OF LOT 1 IN SUE BOON SUBDIVISION, RECORDED APRIL 20, 2000 AS DOCUMENT R2000- 057217, THENCE EAST 33.0 FEET TO THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 36; THENCE NORTH ALONG SAID EAST LINE, 396 24 FEET TO THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 36, THENCE WEST ALONG SAID NORTH LINE, 200 51 FEET OT THE POINT OF BEGINNING, EXCEPTING THEREFROM THE NORTH 50.0 FEET, ALL IN DUPAGE COUNTY, ILLINOIS.