CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Pass the ordinance releasing declarations of restrictions pertaining to property located at 10 Martin Avenue
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Sara Kopinski, AICP Click here to enter text.
BACKGROUND:
On April 18, 2023, the City Council approved ordinance 23-056 rezoning the property located at 10 Martin Avenue from OCI (Office, Commercial and Institutional District) to HS (Health Services District) and ordinance 23-057 granting multiple signage and setback variances to allow the petitioner to demolish an existing office building and construct a new cardiovascular center (also known as the Naperville Medical Office Building (MOB)).
After obtaining these entitlements from the City, Ryan Companies brought to the City's attention that there are restrictions recorded against the property that Ryan Companies requests the City release. Ryan Companies' request is outlined in the Petitioner Letter included in the attachments.
DISCUSSION:
Declarations of Restrictions
On January 10, 1961, a Declaration of Restrictions (Declaration) was recorded against the Subject Property with the DuPage County Recorder as Document No. R62-930. This Declaration imposed the following restrictions upon the Subject Property:
i. Prohibit the owner of Lots 1 and 2 from "placing a building on said property which covers more than 20% of the total area contained in said Lots 1 and 2"; and,
ii. Restrict the use of Lots 1 and 2 to "business and professional offices."
The Declaration represents a restriction that is a covenant running with the land binding upon the owner's heirs, successors and assigns, however, Section 3 of the Declaration specifies that: "this restriction, or any part thereof, can be released by a valid resolution of the City Council of the City of Naperville."
Following zoning entitlements, on May 10, 2023, the Petitioner submitted a letter to City staff (available in the at...
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