S-1005 - 10/09/2001 - ZONING - OrdinancesORDINANCE 2001- ZO- SU -EX1 -S -1005
AN ORDINANCE AMENDING ORDINANCE G -68
AND GRANTING AN AMENDED SPECIAL USE PERMIT
( Briarwood Lakes Subdivision, Oak Brook, IL 60523)
WHEREAS, Briarwood Lakes Community Association has applied to the Village of Oak Brook for
an amendment to Ordinance G -68 entitled "An Ordinance Authorizing a Special Use Provided For By
Section VII F -2 of the Oak Brook Zoning Ordinance, Being Ordinance No. G -60 of March 22, 1966, As
Amended," which ordinance granted a special use to permit the development of the Briarwood Lakes
Subdivision. A copy of Ordinance G -68 is attached. The proposed amendment would allow the
encroachment of decks into common open areas owned by the Briarwood Lakes Community Association;
and
WHEREAS, the Plan Commission on August 20, 2001, recommended approval of the requested
amendments to Ordinance G -68; and
WHEREAS, a public hearing thereon was conducted by the Zoning Board of Appeals of the
Village of Oak Brook on September 4, 2001, pursuant to due and appropriate legal notice; and j
WHEREAS, a recommendation has been made by both the said Zoning Board of Appeals and
Plan I Commission that the amendment to Ordinance G -68 be granted; and
WHEREAS, the President and Board of Trustees concur with the recommendations of the Zoning
Board of Appeals and Plan Commission and deem the passage of this ordinance to be in the best interest
and in furtherance of the general welfare of the Village of Oak Brook;
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 paragraph 3 of Section 2(a)(i)(B) of Ordinance G -68 is hereby amended to read
as follows:
"3. The common open space shall not be sold or leased, nor shall it be improved for other than
the common social or recreational use of the home owners, and dwellings may not be
constructed in said common open space; provided, however, that the board of directors of
said association may grant or revoke a revocable license on its property to allow the
construction and maintenance at or near grade of an unroofed and unenclosed structure,
terrace, or deck (including steps to grade and a staircase from an upper level deck, perimeter
railings and /or kneewall) extending no more than twenty (20) feet from the rear and /off side of
the building, and /or an upper level, unroofed and unenclosed structure, balcony and /or
staircase (including perimeter railings), extending no more than sixteen (16) feet fromi the rear
and /or side of the building, and provided further that no such terrace, deck, balcony or
staircase shall be closer than twenty (20) feet from the nearest building, and provided further
that no such structure shall encroach on or over any pre- existing utility easement unless all of
the grantees of such easement approve in writing such encroachment and provided further
that attached townhouses shall be considered a part of the same building."
Ordinance 2001 -ZO-SU-EX1 -S
Amending G -68, an Amended
Special Use Permit, Briarwood
Subdivision, Page 2
Section That except as amended hereby, all other provisions of Ordinance G -68 be
same are hereby ratified and confirmed in all respects and remain in full force and effect.
apprSection 4: That this ordinance shall be in full force and effect from and after passage anI
oval pursuant to law.
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PASSED THIS 9th day of October, 2001.
Ayes: Trustees Butler, Caleel, Craig, Korin and Savino
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Nays: None
Absent:
Trustee Miologos
Abstain: None
APPROVED THIS 9th day of October, 2001.
e Clerk
Approved as to Form:
Village Attorney
Published
natp
Not Published
I.\ ADMIMSSCHMIDT \WORDDOC\ORD \BRIARWOOD LAKES.doc
Village Preside
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Panpr
-1005
Lakes
nd the
AN OR DINANCE: :AUTHORIZING A SPECLAL
USE PR( BY SECTION VII F -2
OF THE ( AX' t3kGC.H ZG'NING ORDINANCE,
BEING *-<I,INA\CE' NC, G -60 GF MARCH 22
1906. AS Ali ENDED,
WHEREAS, Gak Brook Devrlopmelit Company previously filed with the
Village Clerk of the Village f Oak Brook, Illinois an application dated
September 271, 1966, requesting among ocher things that a -special us b
c e
autht-rized for single - family att.., hed and semi - detached dwellings on
property described in Exhibit A attaches: to and made a part hereof
(hereinafter referred to as the "Premises''), and also, described in
,.� an
exhibit attached to said application, w hich application «•ith attached
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exhibit was thereafter entered into the records of a meeting of the Board
^f Trustees; and
WHEREAS. the Village Clerk fr warded a copy of said application to the
Plain Comnission of the Village and also forwarded a
c py of said application{
and exhibits to the "Zoning Board of Appeals of the Village with a request to
hold a public hearing and submit to the Board of Trustees ,f the Village
(hereinafter referred to as the. "Village Board") a report of its findings and
recocmmendati -ns; and
WHEREAS, said Board of Appeals, after re !
ESP � receiving and considering the
October Ig, 1966 report of the Plan Commission
and after considering the
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testimony and evidence preseated at a public hearing on said application, which
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public hearing was held on October 25 and 26, 1966, upon notice by publication
in the Oak Brook and Hinsdale Doin&_s on October 6, 1966, reported its findings
and 'recommendations to the Village Board on November 3, 1966; and
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`k'EiEREAS, the V il! Board, having reviewed said red s of the Plan
Cnmmissi -n and Zoning Board of .appeals, both of which reports recommend
the authnr ization of the special use, no -w finds:
(1) Oak Brook Development Company is the beneficial n %vner
of the Premises and entitled tr exclusive pnssessinn thereof
and intends to request a znning certificate for each structure
erected thereon.
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(2) Oak Brook Development Company has complied with all of
the requirements of the Oak Brook Zoning Ordinance: as amended
(hereinafter referred to as the "Ordinance") and applicable statutes
of the State: of Illinnis, and the procedure folle wed in pr- cessing
its applicat.on, set forth above, satisfies all of the reciuiret::ents
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-f the Ordinance and applicable statutes of the State of Illin -is. �
(3) The special use requested is one that may be authori::ed by
the Village hoard under the provisions of the C rdtnancr, and the
Premises are presently zoned R -4 and consist of ninre than fiftyj
t50l acrt:s-in area as required by Section VII F-2;c1 of the Ordinanrt:.
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(4) The special use requested is so designed, located a.::cI propo:;ec!
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to be operated that the public health, safety and welfare -will be pro% —
tecterl, and the special use will not cause injury to the %•a!ue of o0cr
property in the neighborhood in which it is to b,,' Jocatcd.
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(5) The sp.:cial use requested \vill be an rcnn- mically sound and' an
esthetically -pleasing use of the Premises.
(6) The area fe r which the special use is requestedi is an area of the
type* referred to in Section VII A -3 of the Ordinance as being par; -
titularly suited for types of d%velling units other than single'- Tamil }•
detach n
ed, because characterized b}' proximity t heavy traffic, the
regi -nal shopping center or light industry.
NOW. Ti -E_RE_ CR. IT ORDACc FD the President a.., Board of Trustees
Of the Village of Oak Brook, I ;ltn• • :�;,•:
Sectinn 1.
Pursuant to Secti, %n /I: :' •If the Ordinance, the Premises
described• ir. Exhibit A hereto and made a part hereof
may be developed as ;A "peed• Use by Oak Brook Development
CnRlpariy. cxelusivC(%, v.*
t:iout regard to the prnvisinns of sub-
sections F- 3 through I - ), both inclusive, of See Section �'II and the
pr•-visinns of sub-erti ••.'C', Of Sectinn V of the Ordinance, for:
Si ngle- fatitily detai h.:d, at :ache:d and serni- detached dwellings,
provided that the gross density of the Premises when fully de-
veloped shall :i ^t exct:,d three dwelling units per acre: the height
of any striie:ture sh;,ll n••t eXe;e eel 30 feet: nc% structure shall con-
tain more than two and on.-.-half stories: the ground flonr living
area per dwelling shall not be less than 1, 300 square feet for a
^tie - story dwelling, and 900 square feet for a dwelling of more
than one st ^ry: anti off - :ttre•et parking shall mect thy- requirettlents
Seeti -11 \1 of the Ordinance-, i
Section 2.
This special use is authorized on the f ^tl�win�
� cnnditi^r.s:
(a) Preliminary Dcvel ^o.•:ient Plan
(i) Within three (3) months after the issuance of the• sprrial use
permit herein authorized, C'ak Brook Development Cn::;vany shall �
cause to b, prepared and filet'. µvith the Village Clerk an•applicatio i
inr approval of a reliniinar
P ) deti•clooRlent plan for the dcvelnpmt•nt
^f at least fifty (50) acres of the PrC;TllsCS. µ•hich plan shall be in
substantial conf ^rmance with the plan attached hervtn as Exhibit B'
and described in the various materials subt7nitted by C'ak Brook 1
DevelnpRient Company, particularly µ•ith regard to site planning,
principal structures, architectural design and general standards
^f quality ant! cost. Said application shall be arcnmpan.ied by five (j51
c ^pits ••i each of the fall -wing:
1A) The preliminary development plan which shall consist eiC the ( ^Illnw.ing:
], Preliminary subdivisi ^n plat lncating and shnµ•ing lay -�
out of streets and drives, public and private, pedestrian
walks, if any, utility easctrents, land to be preserved as
Permanent c -mmnn open space, and lots and such other
matters as are required by the Oak Brook Subdivision,
Regulations Ordinance, being Crdinance \o. G -37 of April 10,,
1962 (hereinafter referred to as the "Subdivision Ordinance "),
accompanied by an application fnr approval and the required
filing fees pr ^vided by the Subdivision Ordinance:
Preliminary site plan indicating the total ground area
of all buildings will not exceed twenty (200,10) per cent of thel
total area of the-platted land and indicating the arrangemcrit
and tentative lncatinn ^f dwellings, including set -backs frf�rn
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street- 1d drives, and ether special atures of the plan;
provide- that the minimum distance ber --aen principal
buildings, as measure] oe-cween bearing walls, shall be
not Less than 20 feet, except that this distance may be
reduced by tw-3 (2 ) feet if one of such waLLs encloses an
attached garage or carport and by four (4) feet if each
of such walls encloses an attached garage or carport ;
Provided further that. each principal building shalt{ be set
back at Least thirty (10) feet from dedicated public streets,
Provided that any part or all of the information required t 0 be shown on
the preliminary site plan may instead be shown on the preliminary
subdivision plat.
(B) Draft of the proposed protective covenants Whereby Oa'c Brook
Development Company proposes to regulate land use and otherwise
Protect the proposed development, which covenants shalt contain the
following specific provisions together with such others as the Company
sha L 1 deem appropriate:
L. Title to the common open space shaLL be held b y an
incorporated home owners' association.
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2. The ccrWaun open space shall be maintained by said
home owners' association, and the-pro-raced charges �
against each owner for the expense of said maintenance,
if not paid when due, shall be a Lien on the property of
said owner within the subdivision. which Lien shall be
subordinate only to bona -fide mortgages existing from
time to time and Liens imposed pursuant to municipal,
state or federal Law. Pr3perty of owners within the sub-
division shall also be subject to similar Liens for other
charges imposed by the association for the expense of
removal of garbage and debris, and the maintenance of
other can-non services including utilities and street
repairs, and clearance.
In the event that the horse owners' association. or any
successor association shall at any time after five (S)
Years subsequent to the recording of the declarat:en of
Protective covenants fail to maintain the common open
space in reasonable order and condition in acco_dancej
with the covenants, the Village of Oak Brook or its suc-
cessor may serve written notice upon the association for
upon the residents of the subdivision setting forth the
manner in which the association has failed to maintaiin
the co=on open space in reasonable condition, and said
notice shall include a demand that such deficiencies of
maintenance be cured within thirty (30) days thereof, and
shall state the date and place of a hearing thereon which
shall be held by the PLan Commission within fourteen !(Lk)
C
days of the notice. At such hearing before the Plan om-
mission,* it may modify the tents of the original notiice as
to the deficiencies and may give an extension of time' within
which they may be cured. If such deficiencies have nolt been
cured within said thirty (30) days or any extension thereof,
the Village, in order to preserve the taxable values lof the
properties within the subdivision and to prevent the 1coaroaon
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open space om becoming a public nuisanc may enter upon
said common open space and maintain the same for a period
of one year. Said enter- and :maintenance shall not vest in the
public any right to use the common space except when
the same is voLuntarily dedicated to the public by the owners.
Sef ore the expiration of said year the Village shall, upon its
initiative or upon the request of the association theretofore
responsible for the maintenance of the common open space,
call a public hearing upin notice to such association, or to
the residents of the subdivision, to be held by the Plan Cost -
mission, at which hearing such association or the residents
of the subdivision shall show cause why such maintenance by
the Village shall not, at the election of the Village, continue
for a succeeding year. If the Plan Commission shall determine
that such association is ready.an3 able to maintain said common
open space. the.ViLLage shall cease to maintain said co=on
on
open space at the end of said year. If the PLan Commission
shall determine such association is not ready and able to
maintain said common open space, the ViLLage may, in its
discretion, continue to maintain said common open space
during the naxt succeeding year and subject to a similar
hearing and determination in each year thereafter. Said
home owners' association shall reimburse the ViLLage for
all expenses incurred by it in maintaining said common
space. If said association has not paid the ViLLage in full
for all such cost incurred in any such year within ninety
(90) days after the end thereof, then the cost of such -nain-
tenance not so reimbursed shall be assessed in equal shares
against the Lots within the subdivision and she U become a
lien on said properties.
3. The common open space shall not be sold or leased, nor
shall it be improved for other than the common social or
recreational use of the home owners, and dweLlings may
not be constructed in said common open s ?aye.
4. Appropriate controls regarding sale, transfer,
conveyance
or Lease of any lots within the subdivision shall be included.
5. 'No improvement, addition or exterior re-modeling
(subsequent to initial improvem.:nt by Oak Brook DeveLopment
Company) shall be commenced until approved by the Board
of Directors cf the association.
6.. Eac� Lot owner with respctct •to party walls shall bed sub je _ t
to appropriate provisions regarding .use, maintenance an!d repairs.
7. The covenants shall be recorded in the office
Deeds of Du Page County. Illinois, shall run with
shall bind the heirs, administrators, ssccessors
of the owners of the lots in the subdivision, but
be personally Liable for any act or omission not
white such person was not an owner.
(C) Drafts of proposed
owners' association,
V.
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of Recorder of
the Land* and
and assigns
no person sha l 1
taking place
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articles of incorporation and by -Laws of the home
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(ii) Said prelimiL►ary devel ^prnent plan and accnmpan f :ng dncuments
shall be referred to tht• Plkn C-,ninlissinn at least ten (10) days in
advance of its next meet►nl, a::c the Plan Commission shall nntify
Oak Br n ^K Development C -wipany as to the time and place of the
meeting at which it w-1! he Afforded an npportunity of being heard.
Within thirty (30) days f. o::i the date of filing, said plan, if in {
accordance with the pr- -visi-.ns of this ordinance and the applicable
prnvisi -ns of the Subdivision Ordinance, shall be approved, or, if �
not in accordance with aam provisi -ns, shall be disapproved by the
Plan Commission., Whet: ;a-.d plan has been acted upon by the Plan
Commisiinn it shall b,.• referred to the Village Bnard. If the Plan
Commissinn approves said plan it shall so indicate (approval shall
also be indicated on the preliminary subdivisinn plat) and, if it dis-
approves such p 1 a n, it shall furnish the Village and Oak Brook
Development Company a written statement setting forth the reasons
for such disapproval and specifying with particularity the aspects in
which said! plan fails to conforni to the provisions of this Ordinance
and the applicable pro\-isions of the Subdivision Ordinance. The
Village Board shall accept or reject said plan within thirty (30) days]
after the regular stated meeting follnw•ing the action of the Plan Cnm-
mission. Approval or acceptance of said plan insofar as it relates ti
the preliminary subdivisinn plat shall be indicated in the manner sets
forth in the Subdivision Ordinance. If and when aporoved, the copses
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^f said plan shall be distributed as set forth in Scctinn III B-7 of the
Subdivision Ordinance.
(b) Final Development Plan
(i) Within nne ( 1) year after the approval of the orelitninary develo I
ment plan, Oak Brook Development Company shall cause to be pre -
pared and filed with the Village Clerk an application for approval of
a final development plan for developnient of that portion of the Premises
�o�•eredi by the preliminary plan. Said applicati -n shall be accompanied
by the loll -wing:
(A) The Final Development Plan -,-.-hick shall consist oI the folln\%•ins:
1. Final subdivision plat and puch other documents as
are required by the Subdivision Ordinance shoring such
matters as are required by subsection (a)(i)(A) ! of
Section 2 of this Ordinance and by the Subdivision Ordinance,
and in any variations from the approved preliminary
subdivision plat:
2. Final site plan showing such matters as are required by
subsection (a)(i)(A) 2 of Section 2 of this Ordinance, and indi-
cating any variations fro n the approved preliminary site pilan;
provided that any part or all of the informatinn required to be shn«•n on
the final site plan may instead be shown on the final subdivision plat.
(B) Final protective covenants containing specific provisions regarld-
ing the matters set forth in subsections (a)(i)C) 1 through 7 of Sectio,n 2
of this Ordinance and such other provisions as are appropriate and
not inconsistent with said subsections.
F-5
(ii) Said preliminary dcvel- ocnent clan and accnrnpa,., ing documents
shall be referred to tht• Plkri C•,nimission at least ten (10) days in
advance of its next mect:nl, a::d the Plan Commission shall notify
f ak Brne k Develnpnit -nt C .ic:ipany as to the time and place of the I
meeting at which it he ,Lf:nrded an nppnrtunity of being heard. �
Within thirty (30) days f. o ;:i the date of filing, said plan, if in
accordance with the pr- visions of this ordinance and the applicable
provisinns of the Subdivision Ordinance, shall be approved, or, if
not in accordance with Said Provisions, shall be disapproved by the
Plan Conirnission. Whei: said plan has been acted upon by the Plan
Commissinn .it shall bL• referred to the Village Bard. If the Plan
Commission approves said plan it shall so indicate (approval shall
also be indicated on the preliminary subdivision plat) and, if it dig-'
approves such p 1 a n, it shall furnish the Village and Oak Brook
Development Company a written statement setting forth the reasons
for such disapproval and specifying with particularity the aspects in
which said plan fails to conform to the pr,%-isions of this Ordinance;
and the applicable pro%-isions of the Subdivision Ordinance. The
'Village Board shall accept or reject said plan within thirty (30) day's
after the regular stated meeting following the action of the Plan Cnr:n-
missinn. Appr ,,val or acceptance of said plan insofar as it relates 'tn
the preliminary subdivisinn plat shall be indicated in the planner set
forth in the Subdivision Ordinance. If and \,.•hen approved, the copies
-f said plan, shall be distributed as set forth in Sectinn III B-7 of the
Subdivisinn Ordinance.
(b) Final Develoornent Plan
(i) Within mane (1 } year after the approval of the preliminary develnp-
ment plan, Oak Brook Development Company shall cause to be pre -
pared and filed with the Village Clerk an applicatinn fnr approval of
a final development plan for development of that p -rtinn of the Premises
ce,vcrcd by the preliminary plan. Said application .shall be accompanied
by the fnll�winq;
(A) The Final Development Plan v.-hich sliall consist of the fnllnwing:
1. Final subdivisinn plat and puch other docurvtcnts as
are required by the Subdivision Ordinance sho«•ing such
matters as are required by subsection (a)(i)(A) ? of
Section Z of this Ordinance and by the Subdivision Ordinance,
and indicating any variations frori-i the approved preliminary
subdivision plat:
Final site plan showing such matters as are required by
subscctinn (a)(i)(A) Z of Section Z of this Ordinance, and indi-
cating any variations frorn the approved preliminary site plan;
provided that any part or all of the information required to be shnw1n on
the final site plan may instead be shown on the final subdivision plat.
(B) Final protective covenants cnntaining specific provisinns regard -
ling the chatters set forth in subsections (a)(iZC) 1 through 7 of Section 2
Inf this Ordinance and such other provisions as are apprnpriate and
not inconsistent with said subsecti -ns.��
(C) Final. articles of incorperaL:on and b.,,-Lars of the home owners'
association.
(ii) The procedure to be f.3: lowed with regard to approval or dis-
approval of said final subdivision plat shall be as set forth Jin the
applicable provisions of `,the Subdiv -sion Ordinance. The final site
pLan, protective covenants, and final articles of incorporation and
by -Laws of the home owners' association shaLL be referred to the
Plan Cc+:amission at least ter. (10) days in advance of its next meet-
ing, and the Plan Commission st-all notify Oak Brook Development
Company as to the time and place of the Plan Commission meeting
at which it will be afforded an opportunity of being h?ard. To the
extent that said final site plan does not contain any mater iaL; vari-
aaces � fr om the previously approved preliminary site plan, the �Pt.an
CoM..mission shall give it finaL approval. Any provisions materi'alLy
varying from the previousLy approved preLiminary site plan maynot
be given final ap ?r nvaL by the Plan Commission, but shaLL instead be
refer red to the Village Board with the recocr.-nendations of the Plan
Commission. If the Plan Com,-nission disapproves any such provision,
it shall furnish the Village Board and Oak Brook Development Company
with a written statement specifying with particularity its reasons
disapproval. The Village Board shall approve and /or d isap ?rove; such
provisions within thirty (30) days after its regular, stated meeting
Lowing the action of the Plan Commission.
Section 3.
for
fol-
If Oak Brook Development Company shall not (A) ( i) Fite its initial prelim-
inary development plan within three (3) months after the issus ;nce of
the spec is L use percni t herein authorized ; and ( ii) f i Le a f ins'L development
plan as to the property covered by said preliminary plan within one (t)
year after the approval of such preliminary plan; and (iii) begin con -
struction on the Premises within six (6) months after approval. of the
initial. final. deve?opment plan; or (B) if no plan filed within two (2)
Years after the issuance of the special use permit herein authorized
reasonabLy conforms to the requirements of this ordinance. the authority
herein granted for such special use shalt terminate and be of no fur-
ther force or effect, and any special use permit issued hereunder
shalt be automatica:Ly revoked forthwith, such termination and revo-
catn
io to be effective upon. the end of any such period during which the
required act is not performed.
Section 4-
Even though Oati Brook Development Company may proceed with develop-
ment of the Premises in stages so that only a potion of the .Premises
(a: least fifty (50) acres, however) is included in its initial preliminary
and final development plans, this special use herein authorized applies
to the entire Premises which is one parcel of land, and any portion sub-
sequently developed, if contiguous to a portion Previously developed.
need not include fifty (50) or any other minimum number of acres of Land.
Before proceeding with the development of any portion of the Premises
not included in a previously approved subdivision plat and site pLan,
Oak Brook Development Company shall submit preliminary and final
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deve lop:r.znt plans , inc ;ud ;ng s•.:ch matters which have not been pre-
•: _ous aopr o,: ed , and the procedure regarl inz the approva 1 or
:sapprc:-a : o: suc•n plans s;:a L L ^r. the saTP a t e•r : set
r �nab�� e se.
-~ d {
:� _. -r Sit: t icr, ? ,,i th _s �• finance .
Section, c
..z c, ns< - t. e •:: LiagC , neither the Oa: ?r oo: Do: z t,no-nent
�. r
..,n�'a�y' - )r any pe s.'n or corporation c:tto succeeds t;r : t; p'.sitvon as
a dz�'e ��:' t•�Crdt_n` manaQei• of art or alt cif zt. '
suc:; pz•^ tc:� - a _ : td s p L or e p-e.nt s2 s ;whe tier
c r� .on no legal bznef is �a? : t Lz t� t:3e p: e
0V any' ?c :'titer•, the_r eof c:iLL Lea ve for a term of Less than t::enty, (2•))
ve ar s. a.-y dweUinz .:nit constructed on the prep ;sz o-- ��e,1. :toweve ,
tha the : tlrin3rr P, tr action sha l L be subject t an
� subo�•c! ,Hate ;to a'_i.
.:.zjrtzagzs or deed, .�t crust in tha nature of a mort=azr ;;o:: or h;erea; ter
eNecutea enournberinz a,-%* part o, aLL of the prernises ^ter shall such
r estr:.cti.o ;► suoer ce•�e ,nr in any way reduce the sew..- -::c,. a; =zc'' '-he
�` -
'�a - t:' o: any s',1c:i mortga ge o: creed of tru :t :n the c :a-t�r•: o► a
S e C t t n^
A spec— La I. p use err.: t , a copy of w ;� :c;; J.3 attac ^ed 3nr .mec'.e
a o3rt hzreo: as Exn 0 cc. nta :n ;n the or e i n
SzC :i :r'. hereof acrd :ncnrporatin,3 by reference pr :�._�• : ;� ;.s ?2t :orth
-in Szct:ons 2, 3, and f hereof, is*hereb; directe' t,. ss::ed.
Sect .on 7 i
T^ Ord .nance sna ; t -e fir: fuLt force and effect -
p3ssa:z and ' a- by !!ta-- -te ;r. su:n cases 'r3- = ?, ar,d ,r- : ;dzd.
°a=se7 and appro•.e^ `..v the °.'i.•s-Cent and Beard o Tr�.�te�� :�i •_' '
' - the �
_.aQ�-
o t Oa'.: 8:-;,z,k . I L L t ~� i� �' `� — l _
S. a — 't. , this t •% day c`c i•�' � ,,. .. -� -' 14
vote`
Ayes: T
Naves :
Absent: (7
Attetit.
7)
Lerra Lnz F: tczk , LAge Clerk
Approved by Te *_;: �s day- c_
T. A. ^S 'man . °rest ent
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a
SPECIAL USE PERMIT
The Premises described it Ex'.ir it '•A•• attached hereto and made
a part hereof may be devetup -!d a• .a special use by Oak Brook
Development Company exc lus Eve v, without regard to the provisions
of subsections F -3 throw h �'- 9 , p
g both i6c lus ive , of Section VII and
the Aprovisions of subsec t �c•n G of Section V, of the Ordinance, for
Sing Le- fa:*niLy detac,ied. attached and semi - detached
dwellings, provided that the gross density of the
Premises when fully developed shall not exceed three
dwelling units per' ac:-e ; the height -of any structure
shall not exceed 30 feet; no structure shall, contain
more than two and one-half stories; the ground floor
Living area per dwelling shall not be Less than 1,300
square feet for a one -story dwelling, and 900 sq,4ar e
feet for a dwelling of more than one story; and off
street parking sha ,l mee c the requirements of Section
XI of the Ordinance.
This permit is subject tL, the subsequent compliance with the re-
quirements of Sections 2, 31 4 and 5 cif the Ordinance authorizing
this, special use, Ord inancr No. adopted and
approved by the President and Board of rustees of the `village of
Oak Brook, I l L inc;s , on the --day of December, 1966.
i
Exn ib i t Ci
That part of Svc.-ion 41.7 :,ncl •�:.
Range T � .r . i_ of Section ?t:
n z I1. East of the t1ircl I,. `ter To•.v ns ip 39 \orth,
Zt:d o': Butler Cort�pJriy f'•asr t,r.a��.�. .. idisn and also being part of Lots 1
Asscssmunt Plat, as per plat thereof
CLor dCd July S. 141-4 as Jo`::r..rzt 10. ltb- } -?-�0 i 3 descr
tbed as follows :
Beginning at tr:•: i:)u•h•.
ast corn
t• ^.e nce S. 8i: " _c 13 'A • :c.o�; , t corner of Section -77, aforesaid;
t t. e South line "
of 12t.,3. 45 feet; of said Section ?; a d
t h l � distance
en' cr , �'-�(� ' a distance
S S` 1121'00" �4'. , a dist :.r. . -� 0 of 177. e-I feet . the
cc o 4 fret to a point of curva;ur r; thence
Northwesterly along the arc of a circle-. being convex t
3 o the jouthwes�t and
tsr.grnt to last describL•(l lcnv$ h wing a radius 0 i f
3�4 feet, ar, ar
of 21. 'e feet: thence N 4.4 'rt;l•�, c- dis,tance
lo-zo ,0 E. , a distance of '?f . bq fr-c;; thence
0 " tip'
. , a distance of 'K9. -49 :"et: thence t 10-- , 7 •tjr)••
a distance of '44. 8I
feet. tnrn:t• .• 28'34'JJ'•' ,t' of N -�3'� � :00" «' s d:s:.znc e •71 csncc o; �-lo, i0 lout:
• • of 34 feet:
a distance of 19 5. th��tic•e \ - 13't)0�� E
�... tr fc•rt , th�:nc:t• t' 3 5 ` 3? 00
t`�e:nct• N 8' 5 d'U''' F titi•. , a distance o'. t:i8. 71, feet;
-• a di�t.Zncc• of I.
a >j. v� feet: thoncv N 30'00'0 F
distance of 150 feet: he•nce U
ct: S X 33'00' E.
th(•nc0 S -t -3_1 E. a dis:.ln J '3? .�•et•
.1 distance Q00_ ,E. , a distanc•�; oC 3 , i f�.ct, thence \ o'�' ' -'tJU" c•
ce �: l.v, �� feet: ;�,•nt:c• r' = -
thence: N e:3 ` -{ ' �;:} ' E 2'07 ' a el.s tanee o; );f) feet:
•i etl;t !,e'� oC fe e,.: t•h` net. 9J ' ..00
3 GJista::eC O: `4-� t' tl! "' x'13 .
fee• . �•nc�• "WOT, a dis •
ther:ce S 6- 4''1'i)n -- - _ r -• . tar:cr o: c�:.�, ;�i fc.,,t•
a eliSt.l�vo o-. 3c:,
1
distance of IrcJ. S - f,:ec: tnenc�• 5 XS • 3 ';f)•• E "
fret to po: on :.h e• Ce•ate•r line of Illi.-
as now platted ar,d re . >>� ito rcr S3,
•eore:rd. the:r.e•e• S 1•�� 30' ,t' •ii
of Illinois Ro•.s;�. 83 c • • •ong said Conter Line
a distanLt•.o, 'r j1 feet to a ?oin: o: curvature•: the•nCe
eontinuinl19 Southerly along said ,•vriterline . «•hick is cati.•es t; 1 the Southtrr.st anti la%•in` range nt to last de5C�;'�re o: a circle.
a radius of -� 7 r 33 fe•e,t (re cordcd -t 774. 74 fe.•Ct), .1rZ a•r 5��i liras, and li�e•ing
''��� =. �� tl�Ct (re•cord�•d ?OJS, 5�� fc t �tzn�c• of
•e ) to a point of tarL!vn .1...
.s1on
said (:rnte•r Line of Illinois y: r.encr eon'r.in•�;ng
ois Route 33, S, ,. �J ;r)•• • , a distance
of 536. 8; feet to s point on the South 1 t-
id ine of t ��' ;
ss th�•ncr \ 8�'- }U'3U" 1, o S�•c ion ..n. a!' "or�•-
��'e.st alon,4 the South line of said Je•L: �.
o: �
distance r;6 , 73 f ce•t to tl1e• place_• of hr •innin ion: Z_, s
h�•rcto:orr eIe•dicated for Illinois lto•atr g3� e.•r Doe`s \e•p1' those• Parts there:o;
and for 31st S;r%�e p r Do,:, No. (; 1 o• s 3 -'O y�0 and 333 c;-�
3 3 � 3), containing 8
lt'ss• All in Dupage Countv, Illinois, i. 12'27 acres rtlpre• or