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S-1054 - 09/23/2003 - VARIATION - Ordinancest r J.P. "RICK" CARNEY DUPRGE COUNTY RECORDER OCT 29,2003 3'12 PM OTHER 06 -28- 212 -006 005 PAGES H2O03- 417167 Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523 -2255 RECORDED DOCUMENT TITLE PAGE Title of Document ORDINANCE 2003- ZO -V -S -1054 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13 -3 -14 OF TITLE 13 ( "ZONING REGULATIONS ") OF THE VILLAGE CODE- OF THE VILLAGE OF OAK BROOK RELATIVE TO DRIVEWAY GATES (Warner - 26 Baybrook Lane, Oak Brook, IL 60523 / P.I.N. 06 -28- 212 -006) Property Address /es 26 BAYBROOK LANE OAK BROOK, IL 60523 If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 ) Pin /s Number 06 -28- 212 -006 Name & Address of Applicant SCOTT WEHRS, (TY, INC.) 280 CHESTNUT, WESTMONT, IL 60559 Name & Address of Responsible Party to Receive Recorded Document and Billing: G/L Account # to be Charged SCOTT WEHRS, (TY, INC.) 280 CHESTNUT WESTMONT, IL 60559 10 -1365 Prepared By: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Name & Address of Recipient of Consideration (when applicable): G/L Account # to be Charged Return To- Village of Oak Brook 1200 Oak Brook Road N/A Oak Brook, Illinois 60523 ORDINANCE 2003- ZO -V -S -1054 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13 -3 -14 OF TITLE 13 ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO DRIVEWAY GATES Warner - 26 Baybrook Lane, Oak Brook, IL 60523 / P.I.N. 06 -28- 212 -006) 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; WHEREAS, Ty Warner ( "Petitioner ") is the owner of certain property legally described as follows: LOT 60 IN GINGER CREEK, BEING A SUBDIVISION OF PARTS OF SECTIONS 27 AND 28, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 30, 1980 AS DOCUMENT 9920575 IN DUPAGE COUNTY, ILLINOIS. P.I.N. 06 -28- 212 -006 commonly known as 26 Baybrook Lane, Oak Brook, Illinois ( "Subject Property "); and WHEREAS, the Subject Property is less than one acre and does not abut a thoroughfare and the zoning regulations do not permit the installation of a driveway gate on a property that is less than one acre and does not abut a thoroughfare; WHEREAS, the Petitioner has submitted a petition for variation to allow the installation of driveway gates on the Subject Property, WHEREAS, the Petitioner has offered to remove the gates upon the sale of the property =_ or upon moving from the property and has agreed to a deed restriction requiring the removal of the gates if the Petitioner sells the property or if the Petitioner no longer resides at the property; WHEREAS, on August 5, 2003, 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 Ordinance 2003- ZO -V -S -1054 Variation regarding driveway gates Page 2 of 3 Warner) Brook, Illinois in connection with the aforesaid petition, after due notice and appropriate legal notice was given; WHEREAS, the Zoning Board of Appeals specifically considered the standards set forth in Section 13 -14 -6 (D) of the Village Code and made the following findings of fact, as follows: 1) that the Petitioner has satisfied the standards for variations required by the Zoning Ordinance; and 2) that the Petitioner has demonstrated unique circumstances; and 3) that the hardship of the Petitioner is not of his own making; WHEREAS, the Zoning Board of Appeals recommended approval of the requested variation; WHEREAS, the Village President and Board of Trustees concur with the findings and recommendations made by the Zoning Board of Appeals; 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, DuPage and Cook Counties, Illinois as follows: SECTION 1. That the recitals hereto are incorporated as part of this ordinance. SECTION 2. That a variation to Section 13- 3 -14(A) of the Zoning Regulations of the Oak Brook Code is hereby granted to permit the installation of driveway gates on the Subject Property subject to the following conditions: a) that the gates be constructed in conformance with the plans prepared by Matocha Associates, dated July 3, 2003, and entered into evidence for consideration by the Zoning Board of Appeals, and b) that petitioner executes an agreement, within thirty (30) days of the date that this ordinance is passed, restricting the Subject Property that the gates will be removed from the Subject Property if Petitioner sells the property or no longer resides at the property, and c) that the existing dense landscaping be maintained in its current condition such that the gates will be very unobtrusive and minimally visible from Baybrook Lane. 2 P Ordinance 2003- ZO -V -S -1054 Variation regarding driveway gates Page 3 of 3 Warner) SECTION 3. That this Ordinance is limited and restricted to the property commonly known as 26 Baybrook Lane, Oak Brook, Illinois, P.I.N. 06 -28 -212 -006. SECTION 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby amended to the extent of the conflict. SECTION 5. This ordinance shall be in full force and effect after passage and publication according to law. Approved this 23rd day of September, 2003. Passed this 23rd day of September, 2003. Ayes: Trustees Aktipis, Caleel, Craig, Miologos and Yusuf Nays: None Absent: Trustee Korin Abstain: None ATTEST: CJC [,.- 4 • / illage Clerk re"f oc?f i" F 49