S-1134 3109 York and 405 Oak Brook rdORDINANCE 2005-ZO-V-EX1 -S-1 134
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 2 of 3
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 13"' of September, 2005.
vin Quinlan,
illage Preside(t
PASSED THIS 131h day of September, 2005.
Ayes: Trustees Craig, Kennedy, Manofsky, Sanford and Yusuf
Nays: None
Absent: Trustee Akti is
ATTEST:
l/
Linda K. Gonnefla, CMC
i
Village Clerk
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 3 of 3
EXHIBIT A
PARCEL 1:
LOT 1 IN FLEISHMAN'S ASSESSMENT PLAT OF PART OF THE WEST Y2 OF
THE NORTHWEST 114 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.
PARCEI- 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.
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