S-1005 - 10/09/2001 - ZONING - Ordinances Supporting DocumentsPGE pF Oq�,�
VILLAGE OF OAK BROOK
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Village Board Transmittal Memorandum
DATE: October 4, 2001
SUBJECT: Briarwood Lakes Subdivision
Special Use Amendment
FROM: Richard A. Martens, Village Attorney
RECOMMENDATION: That the Village President and Board of Trustees approve the attached
ordinance granting an amendment to the Briarwood Lakes Special Use
Permit
Pursuant to your direction, I have drafted the attached ordinance which grants an amendment to a
special use permit to permit limited encroachments into the common areas at Briarwood Lakes. The
amendments will allow construction of decks in the common areas in this subdivision.
I understand you will consider this matter at your regular meeting on October 9, 2001.
Respectfully submitted,
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Richard A. Martens
Village Attorney
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Attachment
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ORDINANCE 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
WHEREAS, a recommendation has been made by both the said Zoning Board of Appeals and
Plan 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/or 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 from 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 -1005
Amending G -68, an Amended
Special Use Permit, Briarwood Lakes
Subdivision, Page 2
Section : That except as amended hereby, all other provisions of Ordinance G -68 be and the
same are hereby ratified and confirmed in all respects and remain in full force and effect.
Section 4: That this ordinance shall be in full force and effect from and after passage and
approval pursuant to law.
PASSED THIS 9th day of October, 2001.
Ayes: Trustees Butler, Caleel, Craig, Korin and Savino
Nays: None
Absent: Trustee Miologos
Abstain: None
APPROVED THIS 9th day of October, 2001.
OF
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Vi Clerk
Approved as to Form:
Village Attorney
Published
Date
Not Published XX
I \ ADMIMSSCHMIDT \WORDDOC \ORD \BRIARWOOD LAKES doc
Paper
7. A. Consensus of the Board was reached to direct Attorney Martens to develop
language that the island area set aside for landscaping be substantially the
size of a parking space.
Comment was made that the recommendation would retain the language
requiring parking spaces to be delineated by double white lines in lieu of
staffs recommendation that it be deleted. It was the consensus of the
Board to retain that requirement.
Motion by Trustee Savino, seconded by Trustee Caleel, to concur with the
recommendations of the Plan Commission and Zoning Board of Appeals
and authorize the Village Attorney to draft the necessary ordinance with
the added language relating to landscape island area for consideration at the
October 23, 2001 Village Board meeting. VOICE VOTE: Motion carried.
S. ACTIVE AGENDA (Items for Final Action):
A. APPOINTMENTS: None.
B. ORDINANCES & RESOLUTIONS:
1) ORDINANCE 2001- ZO -SU -EX 1 -S -1005 AN ORDINANCE
AMENDING ORDINANCE G -6S AND GRANTING AN
AMENDED SPECIAL USE PERMIT (BRIARWOOD LAKES_
SUBDIVISION, OAK BROOK, ILLINOIS 60523)
This ordinance grants an amendment to a special use permit to permit
limited encroachments into the common areas at Briarwood Lakes
The amendments will allow construction of decks in the common
areas in this subdivision.
Trustee Savino asked for a clarification that approval of the Briarwood
Lakes Homeowners Association would be required before a permit Is
issued for construction of a deck in the common area. Village
Manager Veitch confirmed that would be the case.
Motion by Trustee Savino, seconded by Trustee Korin, to approve
Ordinance 2001- ZO -SU -EX 1 -S -1005, An Ordinance Amending
Ordinance G -68 and Granting an Amended Special Use Permit
(Briarwood Lakes Subdivision, Oak Brook, IL 60523), as presented
and waive the full reading thereof. ROLL CALL VOTE -
Ayes: 5 — Trustees Butler, Caleel, Craig, Konn and Savino.
Nays: 0 - None.
Absent: 1 - Trustee Miologos. Motion carried.
VILLAGE OF OAK BROOK Minutes
Page 7 of 19 October 9, 2001
ACTIVE AGENDA
ORD gO I -zo -S U-
EX I -S -1005
SPEC USE - BRwD
LAKES SUB