S-790 - 11/08/1994 - ZONING - Ordinances ORDINANCE 94-ZO-V-S 790
AN ORDINANCE GRANTING A VARIATION FROM
THE PROVISIONS OF SECTION VII(F) (8) (b) (2)
OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK
RELATIVE TO SIDE YARD REQUIREMENTS
(46 Woodland Drive)
WHEREAS, an application has been filed requesting a variation from the
provisions of Section VII(F) (8) (b) (2) of the Zoning Ordinance of the Village
of Oak Brook to permit a 25' side yard abutting a street instead of the 30'
required; and
WHEREAS, a public hearing on such application has been conducted by the
Zoning Board of Appeals on October 4, 1994 pursuant to due and appropriate
legal notice; and
WHEREAS, the said Zoning Board of Appeals made explicit findings of fact
that the variation requested conforms to the standards set forth in Section
XIII(G) (4) of the Oak Brook Zoning Ordinance; and
WHEREAS, the corporate authorities have reviewed the recommendation and
findings made by the Zoning Board of Appeals and deem the granting of the
variation requested to be appropriate and in the best interests of the public
health, safety and welfare;
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 a variation is hereby granted from the provisions of
Section VII(F) (8) (b) (2) of the Zoning Ordinance of the Village of Oak Brook so
as to permit a 25' side yard abutting a street instead of the 30' required,
subject to the condition that the construction shall be completed within one
year from the date of this ordinance in substantial compliance with the
following submitted plans:
(a) Pool Plan/Site Plan drawn by Barrington Pools, Inc.
dated August 17, 1994.
(b) Architectural plans titled Hester Residence, drawn by
Garden Prairie Pool and Spa Enclosures, revision dated
July 17, 1994.
(c) Landscape plan titled Hester Residence, drawn by
McGoldrick Landscaping dated June 1, 1994.
INDEX
Paae Content
14 Ordinance 94-ZO-V-S-790 approved 11118194
13 Board of Trustees Meeting Minutes dated 1118184
12-12a Board of Trustees Meeting Minutes dated 10125194
11-1 is Memo to Board of Trustees from Hawk dated 10119194
10 Recommendation Memo from Chairman Davis to Board of Trustees
9-9a Zoning Board of Appeals Meeting Minutes dated 101"4
8-8a Memo to Zoning Board of Appeals from Hawk dated September 30, 1994
7 Certificate of Publication
6 Resident letter
5 Board of Trustees Referral-Minutes dated 911319
4 Letter to Hester from Hawk Re: meeting dates
3 Referral Memo to Board of Trustees from Tom Hawk dated 916194
2-2c R-4 Single Family Detached Residence District-Zoning Ordinance,Section Vll(F)(1-9)(pgs.
900.4-903)
1-1c Variations -Zoning Ordinance, Section Xlll(G) (1-6) (pgs. 966-969)
A PetitiorVApplication- Variation
B Receipt
C Surrounding Property Owners List
D Letter of Explanation
E Standing on Property
F Survey with Proposed Location of Pool
G Landscape Plan
H-H1 Architectural Plans with Pool Enclosure Photo Brochure
1 Pool Design and Specs
ORDINANCE 94-ZO-V-S 790 9
AN ORDINANCE GRANTING A VARIATION FROM
THE PROVISIONS OF SECTION VII(F) (8) (b) (2)
OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK
RELATIVE TO SIDE YARD REQUIREMENTS
(46 Woodland Drive)
WHEREAS, an application has been filed requesting a variation from the
provisions of Section VII(F) (8) (b) (2) of the Zoning Ordinance of the Village
of Oak Brook to permit a 25' side yard abutting a street instead of the 30'
required; and
WHEREAS, a public hearing on such application has been conducted by the
Zoning Board of Appeals on October 4, 1994 pursuant to due and appropriate
legal notice; and
WHEREAS, the said Zoning Board of Appeals made explicit findings of fact
that the variation requested conforms to the standards set forth in Section
XIII(G) (4) of the Oak Brook Zoning Ordinance; and
WHEREAS, the corporate authorities have reviewed the recommendation and
findings made by the Zoning Board of Appeals and deem the granting of the
variation requested to be appropriate and in the best interests of the public
health, safety and welfare;
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 a variation is hereby granted from the provisions of
Section VII(F) (8) (b) (2) of the Zoning Ordinance of the Village of Oak Brook so
as to permit a 25' side yard abutting a street instead of the 30' required,
subject to the condition that the construction shall be completed within one
year from the date of this ordinance in substantial compliance with the
following submitted plans:
(a) Pool Plan/Site Plan drawn by Barrington Pools, Inc.
dated August 17, 1994.
(b) Architectural plans titled Hester Residence, drawn by
Garden Prairie Pool and Spa Enclosures, revision dated
July 17, 1994.
(c) Landscape plan titled Hester Residence, drawn by
McGoldrick Landscaping dated June 1, 1994.
W Oraance 94-z0-v-s-790
Relative to Side Yard
Requirements
46 Woodland Drive
Page 2
Section 3: That this Ordinance is limited and restricted to the property
located at 46 Woodland Drive, Oak Brook, IL, which property is legally
described as follows:
Lot 25 in Timber Trail Estates Unit One, being a subdivision of part
of the Northeast Quarter of Section 23, Township 39 North, Range 11,
East of the Third Principal Meridian, according to the plat thereof
recorded October 16, 1946 as Document 508928, in DuPage County, IL.
Permanent Parcel No. 06-23-202-012.
Section 4: That this ordinance shall be in full force and effect from
and after passage and approval pursuant to law.
PASSED THIS 8th day of November, 1994.
Ayes: Trustees Bartecki, Calzaretta, Payovich and President Bushy
Nays: None
Absent: Trustees Kenny, McInerney and Shumate
Abstain: None
APPROVED THIS 8th day of November, 1994.
A'k
Vi lage President
ATTEST:
VilLAge Clerk
Approved as to Form:
Village Attorney
Published
Date Paper
Not Published x-X
Applicant: Dr. Alan & Anita Hester
Address: 46 Woodland Drive, Oak Brook, IL 60521
PIN 06-23-202-•012
I
II
PAYMENT - INTERPLAN PRACTICE LTD. - ADA DESIGN CONTRACT -
$2.1 51.43: Approved Omnibus Vote.
E. REJECTION OF BID - UNIT #410 REPLACEMENT - PUBLIC WORKS: UNIT #4 00 -
Approved Omnibus Vote.
PUBLIC WORKS
F. CHANGE ORDER #2 - 1994 DRAINAGE PROJECT: Approved Omnibus '94 DRAINAGE Vote.
PROJECT
G. RE )UEST FOR APPROVAL DECLARATION OF EASEMENTS
COVENANTS AND CONDITIONS AND RESTRICTIONS - Roan *tlnt�EST
STORMWATER FACILITIES - 3312 MIDWEST ROAD: Approved
Omnibus Vote.
6. ITEMS REMOVED FROM OMNIBUS AGENDA: None.
7. ORDINANCES AND RESOLUTIONS:
G)VAR�ORDI NANCE 94-ZO-V S-790 AN ORDINANCE GRANTING A
ATION FROM THE PROVISIONS OF SECTION VII F 8 b 2 OF S79094-ZO-V-
THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK SIDE YARD VAR.
RELATIVE TO SIDE YARD REQUIREMENTS 46 Woodland Drive - 46 Woodland
Hester :
Drive-Hester
Ordinance 94-ZO-V S-790 grants a side yard variation to permit the
construction of an indoor swimming pool at 46 Woodland Drive, subject to
certain conditions and restrictions set forth in Section 2 of the ordinance.
Motion by Trustee Payovich, seconded by Trustee Calzaretta, to pass
Ordinance 94-ZO-V-S-790 as presented and waive the full reading
thereof. ROLL CALL VOTE:
Ayes: 4 - Trustees Bartecki, Calzaretta, Payovich and President
Bushy.
Nays: 0 - None.
Absent: 3 - Trustees Kenny, McInerney and Shumate. Motion carried.
8. DEPARTMENTAL REPORTS - SPECIALTY AREAS:
DEPARTMENTAL
Environmental Concerns and En ineerin Trustee Payovich - No report was PORTS
given.
Finance and Purchasing: Trustee Bartecki - Grants Coordinator, Bruce Kapff,
was able to secure a federal grant totalling $318,000 for design and
construction of a separate free-standing pathway bridge over Route 83 on 31st
Street. The total cost of the project is $397,000 with the Village's portion being
$79,000. The pathway will be located on the south side of 31st Street from
Trinity Lane to Jorie Boulevard. Staff is to be commended for their efforts in
receiving the grant.
Purchasing Director/Grants Coordinator Kapff gave an update on the
VILLAGE OF OAK BROOK Minutes 2
November 8, 1994 j
ze
meetings. The Plan was placed on file September 27, 1994 for public
review and comments were accepted. Modifications were made to the
Plan as recommended at the Committee-of-the-Whole meeting of October
10, 1994. The Plan provides to the Village Board, staff and community a
long-range plan projection of financial conditions and proposed Village
expenditures.
Motion by Trustee Bartecki, seconded by Trustee Kenny, to adopt the
1995-99 Five-Year Financial Plan as modified based on the October 10,
1994 Committee-of-the-Whole meeting. VOICE VOTE: Motion carried.
B. AWARD OF CONTRACT - ADA COMPLIANCE REMODELING: CONTRACT -
ADA COM-PLIkNC i
Funds in the amount of $259,000 were budgeted in the Corporate Fund for REMODELING
both engineering and construction of Americans with Disabilities Act
improvements. The budget figure is based on the original construction
estimate prepared by Interplan of $243,000 in January, 1994. Since the
project will last approximately five months, some of the expenses will be
rebudgeted for 1995.
Motion by Trustee Payovich, seconded by Trustee McInerney, to award a
contract to International Contractors, Inc., Elmhurst, Illinois, the lowest
responsible bidder, at a lump sum cost of $261,250, subject to staff review.
ROLL CALL VOTE:
Ayes: 5 - Trustees Calzaretta, Kenny, McInerney, Payovich and
Shumate.
Nays: 1 - Trustee Bartecki.
Absent: 0 - None. Motion carried.
C. AWARD OF CONTRACT - ADA CONSTRUCTION MANAGEMENT CONTRACT -
SERVICES: ADA CONSTRUC-
TION MANAGE-
Motion by Trustee Payovich, seconded by Trustee Calzaretta, to award a MENT
contract to Interplan Practice, Oakbrook Terrace, Illinois, subject to staff
review, at a not-to-exceed cost of $13,120, plus reimbursables and waive
the competitive bid process due to professional services. ROLL CALL
P P
VOTE:
Ayes: 5 - Trustees Calzaretta,Y a zaretta Kenny, McInerney, Payovich and
Shumate.
Nays: 1 - Trustee Bartecki.
Absent: 0 - None. Motion carried.
10. NEW BUSINESS:
A. RECOMMENDATION - HESTER (46 Woodland Drivel SIDE YARD SIDE YARD
VARIATION: VARIATION
(46 Woodland
The required hearing for the requested Side Yard Variation was held by Drive-Hester)
the Zoning Board of Appeals on October 4, 1994. Subsequent to this
VILLAGE OF OAK BROOK Minutes 4 October 25, 1994
hearing, a recommendation for approval was passed by a vote of 6 to 0.
Motion by Trustee Shumate, seconded by Trustee Bartecki, to authorize
the Village Attorney to draft the necessary ordinance for action at the
November 8, 1994 meeting.
Trustee Shumate amended the motion to authorize the Village Attorney to
draft the necessary ordinance for action at the November 8, 1994 meeting
to include the following provisions:
1. That the construction shall be done in substantial compliance
with the submitted plans as follows:
a. Pool Plan/Site Plan drawn by Barrington Pools, Inc. and
dated August 17, 1994;
b. Architectural plans titled Hester Residence, drawn by Garden
Prairie Pool and Spa Enclosures, revision dated 7/17/94;
c. Landscape plan titled Hester Residence, drawn by
McGoldrick Landscaping, dated June 1, 1994; and
2. Construction to be completed within one year.
VOICE VOTE: Motion carried.
B. DISPOSAL OF VILLAGE RECORDS: DISPOSAL OF
VILLAGE
Trustee Shumate asked the Village to offer these documents, for their RECORDS
historical value, to the Oak Brook Historical Society. He further requested
the Department Heads and Village Manager determine the space
requirements of documents. Village Manager Veitch explained the Clerk's
office determines the record disposal procedure. He suggested that
imaging technology could replace the filming process.
Motion by Trustee Calzaretta, seconded by Trustee McInerney, to
microfilm the Village's resolutions, ordinances and minutes for
preservation, retain the original records for one year after filming and allow
the Oak Brook Historical Society to retain any of said documents for
historical preservation. VOICE VOTE: Motion carried.
C. REQUEST FOR APPROVAL - PROPOSAL FOR ANNUAL AUDIT OF THE PROPOSAL -
VILLAGE FOR 1994. 1995. AND 1996: APNUAL AUDIT
OF 1994, 1995
Motion by Trustee Bartecki, seconded by Trustee Calzaretta, to waive the and 1996
competitive bid process due to professional services and approve the
proposal from Friedman, Eisenstein, Raemer & Schwartz (FERS) to
perform the required annual audit of the Village for 1994, 1995, and 1996.
ROLL CALL VOTE:
Ayes: 6 - Trustees Bartecki, Calzaretta, Kenny, McInerney, Payovich
and Shumate.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
VILLAGE OF OAK BROOK Minutes 5 October 25, 1994
INDEX
Page Contents
11-11a Memo to Board of Trustees from Hawk dated 10/19/94
10 Recommendation Memo from Chairman Davis to Board of Trustees
9-9a Zoning Board of Appeals Meeting Minutes dated 10/4//94
8-8a Memo to Zoning Board of Appeals from Hawk dated September 30, 1994
7 Certificate of Publication
6 Resident Letter
5 Board of Trustees Referral - Minutes dated 9/13/9
4 Letter to Hester from Hawk Re: meeting dates
3 Referral Memo to Board of Trustees from Tom Hawk dated 9/6/94
2-2c R-4 Single Family Detached Residence District - Zoning Ordinance, Section VII
(F)(1-9) (pgs. 900.4-903)
1-1c Variations - Zoning Ordinance, Section MU (G) (1-6) (pgs. 966-969)
A Petition/Application - Variation
B Receipt
C Surrounding Property Owners List
D Letter of Explanation
E Standing on Property
F Survey with Proposed Location of Pool
G Landscape Plan
H-H1 Architectural Plans with Pool Enclosure Photo Brochure
I Pool Design and Specs.
4�OF 94k 9
9
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9CFCOUNt",v?
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990. 3000
MEMO
October 19, 1994
TO: President Bus and Board of Trustees
FROM: Tom Haw
SUBJECT: Hester - 46 Woodland Avenue - Corner Lot Side Yard Variation
The required public hearing for the above request was held by the Zoning Board of Appeals on
October 4, 1994. Subsequent to this hearing, a recommendation for approval was passed by a
vote of 6 to 0.
In brief, this request is to allow a room addition for an enclosed pool constructed at the same
corner lot side yard setback (25 feet) as the existing structure which was built under DuPage
County codes prior to annexation. Please review my memo of September 30, 1994 (page 8 of
this file).
On several previous occasions, the Village has granted side yard variations that were, in part,
based on existing legal non-conforming structures.
We have not received any opposition comments from the public and I do not believe that there
are any real negative impacts if this structure is built as proposed.
If it is your wish to approve this request, it would be appropriate to authorize attorney Martens
to draft the necessary ordinance for action at your November 8, 1994 meeting.
Such an ordinance should include the following provisions:
1. That the construction shall be done in substantial compliance with the submitted
plans as follows:
a. Pool Plan/Site Plan drawn by Barrington Pools, Inc. and dated August 17,
1994.
b. Architectural plans titled Hester Residence, drawn by Garden Prairie Pool
and Spa Enclosures, revision dated 7/17/94.
C. Landscape plan titled Hester Residence, drawn by McGoldrich
Landscaping, dated June 1, 1994.
2. Construction to be completed within one year.
TRH/gp
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• OF 04Ke9
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9OF00 UNSy'�y
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
PHONE: 708 990.3000
October 13, 1994 FAX: 708 990-0876
Board of Trustees
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60521
Subject: Hester Variation - 46 Woodland Avenue - Corner Side Yard Variation
Dear Madam President and Board of Trustees:
The Zoning Board of Appeals, at their regular meeting of October 4, 1994 and pursuant to proper
legal notice, held the required public hearing for the above variation request.
By a vote of 6 to 0, the Zoning Board of Appeals approved a motion recommending approval
of this request. The principal supporting element was the fact that the existing home was built
under county regulations and is already at the requested corner lot side yard setback of 25 feet.
There was no public testimony in opposition to the request and findings of fact with respect to
the ordinance standards for variations were found in support of the requested variation.
Respectfull submitted,
Champ Davis
Chairman
Zoning Board of Appeals
cc: Petition files
/0.
Davis said that the board would prefer to hear everything at the same time. If there are
procedures that need to be completed the board will not have opposition to tabling this matter.
There was no one in the audience to speak for or against this matter.
Member Dosedlo moved, seconded by Member Shah that the petitioner's request for continuance
be granted and to continue the matter to the next regular Zoning Board of Appeals meeting
scheduled for November 1, 1994.
VOICE VOTE: All in favor. Motion carried.
IV. RESTER - 46 WOODLAND AVENUE - SIDE YARD VARIATION
James Wilnau of Barrington Pools and Alan Hester the property owner were sworn in prior to
testifying.
Hester said that they bought the house in March of this year. They purchased this property with
the intention to build an enclosed pool. After the plans were prepared, and using the smallest
pool and enclosure possible, it was discovered at the time they applied for the building permit
that the addition was too large to meet the setback requirements and was over by five feet.
Chairman Davis requested that Hester give the board an overview of the location of the house.
The house is in a cul-de-sac and the back of the house faces Frontage Road by Roosevelt Road.
The front of the house, from a zoning point of view, is Timber View Drive and the side is
Woodland Ave. They have met all setback requirements with the exception of Woodland. The
only person that could possibly be effected by this variance would be the neighbor directly across
the street on Woodland. The neighbor is aware of what the Hester's are seeking and does not
object. Davis said that the zoning restriction for his property is 30 feet and they are seeking to
construct the addition at 25 feet.
Wilnau stated that the garage is a nonconforming structure that was built prior to being annexed
into the Village. At that time there was a 20-25 foot setback for the area. The proposed
structure will maintain the existing line of the house. They thought they could build it in line
with the house and did not know their house was a nonconforming structure until they applied
for permit. The pool design cannot easily be reduced as it is designed for a lap swim and is the
standard 40 feet long. In planning the use for this structure the exercise equipment was
measured as far as floor space to fit into the room and still be safe to be able to walk around the
pool and not step around equipment. They had to reduce the area in order for it to fit and would
be impossible to reduce it any further.
Wilnau said that when purchased the property was in need of many repairs. The Hester's have
incurred a large expense to repair the land. The existing landscaping creates natural screening
and the house is located on a dead end street. Additional landscaping will also be added along
the Woodland Street side as shown on the landscape plans. The location and circumstances
surrounding this property make it unique from other homes in the area.
ZONING BOARD OF APPEALS Minutes October 4. 1994
/0�_ 2
• •
Hawk said that all neighbors were notified and the Village has not received any objections to
the proposed pool. The neighbor immediately to the west of the property did call and they did
not object. They were happy to see the property in better condition than it has been. They are
happy to see that the property is finally being taken care of.
Chairman Davis asked it there were other pools in the neighborhood. Hester said that there were,
and that the neighbor next door to him has one. Davis said based on the testimony given it
appears that this addition will not alter the character of the neighborhood and will not be
detrimental to surrounding neighbors.
Chairman Davis said that based on the evidence he would favor granting the request, but to make
it conditional on the plans presented. Based on the location and circumstance of the property he
does not believe it will not set a precedent. Davis asked the Members to share their views. No
one in the audience spoke for or against the requested variation.
Member Shah moved, seconded by Member Vescovi to recommend approval of the request
based on the following findings:
A. The property is unique and the hardship was created as the home is existing
nonconforming. They were unaware of this when they purchased the property.
B. It is not generally applicable to other properties in a similar zoning classification.
C. There are no detrimental effects to other neighboring properties.
D. There has been no objection or opposition to the request.
E. The variation will not impair an adequate supply of light or air and will not
increase the danger of fire or public safety.
F. The purpose of the variation is not based on making money on the property. They
have a pool on their present property.
and based on the following conditions:
1. That the addition be constructed based on the plan submitted and identified as
petition file exhibits numbered F, G, H, H-1 and I.
2. That construction be completed within one year of approval.
ROLL CALL VOTE: Ayes: 6 - Aldini, Dosedlo, Hasen, Shah, Vescovi, and Davis.
Nays: 0 - None.
Absent: 0 - Goeken Maras. Motion carried.
V. ADDITIONAL BUSINESS
Hawk said that next months' agenda will include the Montalbano issue and the Oak Brook Park
District Site Plan approval. IBLP is still pending and waiting for communication from them.
They are in discussion with Mr. Gothard and have heard nothing to date.
ZONWG BOARD OF APPEALS Minutes October 4. 1994
�il .
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O N
F
C V+
OUNT
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
PHONE: 708 990-3000
MEMO FAX: 708 990-0876
September 30, 1994
TO: Zoning Board of eals
nV
FROM: Tom Haw
SUBJECT: Hester - 46 Woodland Drive - Corner Lot Side Yard Variation
Following are several elements which may be helpful in reviewing this request:
1. The existing home was constructed under DuPage County regulations prior to the
annexation of this area in 1973.
2. The existing home is set back from the east lot line along Woodland Drive
approximately 25 feet.
3. The Oak Brook required setback is 30 feet and the existing building is legal non-
onforming with respect to this corner lot side yard.
4. In my opinion, there would be no measurable detrimental impacts of this variation
if granted.
5. The neighbor to the west has contacted me by phone and has no objection.
6. Based on my current level of information it appears that the proposed addition
could be redesigned to eliminate the side yard encroachment with very little if any
loss of floor area or pool area.
7. There have been several side yard variations approved in the Timber Trails area
that were in part based on the existing non-conforming setbacks. However, none
of these were for a corner lot side yard.
If your decision is a recommendation for approval, it should include the following conditions:
a. That the variation is to allow construction in substantial
conformance with the plans submitted.
b. That a sunset provision be included requiring the completion of
construction within a reasonable time period- two years suggested.
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1
Public Hearing
NOTICE IS HEREBY GIVEN
that a public hearing before the
Zoning Board°'Appeals of the, CERTIFICATE OF PUBLICATION
Village of Oak Brook, DuPage
and Cook Counties, Illinois,will
be held on October 4, 1994 at, PADDOCK PUBLICATIONS,INC.
7:30 p.m. in the Oak Brook VN
)age Hall,1200 Oak Brook Road,
Illinois, for the purpose of con-
sidering the application of Alan i D&Hedd
8 Anita Hester, 46 Woodland
Drive, Oak Brook, Illinois for a
Variation as provided under Sec-
tion XIII(G) of the Zoning Ordi-
nance of the Village of Oak
Brook, Illinois,Ordinance G-W
as amended. A Corporation organized and existing under and by virtue of the laws of the State of
A variation to the following
Section of the Zoning Ordinance
Is requested:
1. A variation from the pprovf- Illinois, DOES HEREBY CERTIFY that it is the publisher of DAILY HERALD. That
sions of Section VII(F)(8))(b,(2 to
permit a twenty-five (25) foot
side yard abutting a street in-
stead of the 30 feet required. said DAILY HERALD is a secular newspaper and has been published daily in the
The property may be ggeneral
described as 48 Vloodlan
Drive, Oak Brook, Illinois, and Lombard/Villa Park/Oak Brook/Oakbrook Terrace
lows:
the legal description is at fol-; Village of
'
Lot 25 in Timber Trail Estates f
Unit One,being a subdivision of
part of the north east 1/4 of Sac-. COun IeS of DuPage
tion 23, Township 39 North, '7( )
Range 11 East of the Third Prin-
clpai Merldlan,accord)ng to the
p8, 1948 as Document 508926,lat thereof recorded Oc8M, y y and State of Illinois, continuous) for more than one year prior to, on and since the
1
in DuPage County,Illinois.
Permanent Parcels#06-23-2W-
01 2 The petitioner's request will e o il date the first publication of the notice hereinafter referred to and is of general
accomplish the following: allots(
the construction of an enclosed
swimming pod addition.The ex-
[sting home setback is noncon- circulation throughout said Village, County(ies) and State.
forming and is already approxi-
mately at a setback of twenty-
five All25p)erse� desiring to be I further certify that DAILY HERALD is a newspaper as defined in "an Act to revise
heard in support of or in oppos-
tion to the proposed variation or
an provision t o opportunity o d so the law in relation to notices" as amended to Act approved July 17, 1959-III.
and may submit their statements
orally or In writing or both.The
heanng me
y be recessed to� Revised Statutes Chap. 100 Para. 1 and 5.
other date f notice of time , ,
place thereof is publicly an,
nounced at the hearing ors g
i an by newspaper publication,
less than Iive (5) days prior That a notice of which the annexed printed slip is a true copy, was published
the date of the recessed
I%
'
In accord with the pro September 12, 1994
of the Americans with DlsabIW
ties Act,any Individual who IS In
need of a reasonable accommoo-
dation in order to participate In
or benefit from attendance' at in said DAILY HERALD.
this public meeting should con-
tact Thomas Hawk,the Village's
ADA Coordinator, as soon as
possible before the meeting'
date.
The petitioner's application Is
file with the village clerk and
wi th the Director of Code En-
IN WITNESS WHEREOF,the undersigned,the said PADDOCK PUBLICATIONS,
with
forcement Persons wishing to
examine the petition documents
may arrange to do so with the
Director of Code Enforcement Inc., has caused this certificate to be signed and its corporate seal affixed hereto,
Thomas Hawk, Village of Oak
Brook, 1212 Oak Brock Road
oe 90 045 a°s2,,telephone by MARGIE FLANDERS, its Treasurer, at Arlington Heights, Illinois.
LINDA GONNELLA
Village Clerk
Published at the direction of
the Corporate Authorities and
the Zoning Board of Appeals of
the Village of Oak Brook, Du-
Page and Cook Counties, 1111-
no 5.
Published In Lombard-Visa
Park-Oak Brook-Oakbrook Ter-
race Herald Sept.12,1994. D
PADDOCK PUBLICATIONS, INC,
DAILY HERALD NEWSPAPERS
BY Treasurer.
PPI-5129-A
OF 04k6 o0'F
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�COUNt�
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
703 990-3000
September 12, 1994
I
Dear Resident:
The Oak Brook Zoning Board of Appeals, and the Village Board will be considering a petition
for variation to the Zoning Ordinance regulations pertaining to a side yard in an R-4 Zoning
District at the meetings as scheduled on the reverse side of this notice.
The application has been filed by: Dr. Alan & Anita Hester
46 Woodland Drive
Oak Brook, IL 60521
Relationship of applicant to property: Owner
The property in question is located at: 46 Woodland Drive
Also shown on the reverse side is a map* of the area to assist you in determining your
relationship to the property in question.
The request which has been made is as follows:
A reduction in the required corner lot side yard abutting a street from thirty (30)
feet to twenty-five (25) feet to allow construction of a building addition enclosing
a swimming pool.
If you desire more detailed information, please contact me at the Building Department to review
the file on this application. I look forward to your attendance at the public meetings.
Sincerely yours,
omas R. Hawk
Director of Code Enforcement
TRH/gp
HESTER-R.LTR
In accord with the provisions of the American with Disabilities Act, any individual who is in
need of a reasonable accommodation in order to participate in or benefit from attendance at the
public meeting should contact Thomas Hawk, the Village's ADA Coordinator, at 708/990-3045
as soon as possible before the meeting date.
All meetings are held in the Samuel E. Dean Board Room of the Oak Brook Village Hall, on
Oak Brook Road (31st Street) and Spring Road, Oak Brook, Illinois.
Zoning Board of Appeals . . . . 7:30 p.m., Tuesday, October 4, 1994
Board of Trustees Meeting . . . 7:30 p.m., Tuesday, October 25, 1994**
** tentative
W
SUBJECT >
PROPERTY p
�.—��� IN QUESTION'—
ROOSEVELT ROAD R ono z
_ TIM�tR ICD4E Dtw! �y
TT-, t �.... t' • a .e r� tau u a s Qx,
TIMBER VIEW DRIVE
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HARGER ROAD '
*Note: The map provided is only an gRproximation of the area in question and is intended to be used only as a visual aid to determine your
relationship to the property.
VILLAGE OF OAK BROOK Minutes Sept. 13. 1994
UNOFFICIAL UNTIL APPROVED BY BOARD
APPROVED AS WRITTEN t--- OR APPROVED
AS AMENDED , BY VILLAGE BOARD
ON 3-7,
1. MEETING CALL: MEETING CALL
The Regular Meeting of the Board of Trustees was called to order by President
Bushy in the Samuel E. Dean Board Room of the Village Commons at 7:30 p.m.
Pledge of Allegiance was given.
2. ROLL CALL: ROLL CALL
The Deputy Clerk called the roll with the following persons
PRESENT: President.Bushy, Trustees Bartecki, Calzaretta, Kenny, McInerney
and Payovich.
Trustee Shumate arrived at 7:40 p.m.
ABSENT: None.
IN ATTENDANCE: Stephen B. Veitch, Village Manager; Vince Long, Assistant to
Village Manager; Bruce F. Kapff, Purchasing Director/Grants Coordinator; Richard
A. Martens, Village Attorney; Dale L. Durfey, Jr., Village Engineer; Tom Hawk,
Director of Code Enforcement; and Ruth A. Martin, Librarian.
3. ANNOUNCEMENTS & OPEN FORUM: No one appeared. AN*IOUNCEMENTS
& OPEN FORUM
4. APPROVAL OF MINUTES: MINUTES
Motion by Trustee McInerney, seconded by Trustee Kenny, to approve the
minutes of the Regular Meeting of August 23, 1994 as amended and waive the
full reading thereof. VOICE VOTE: Motion carried.
5. OMNIBUS AGENDA:
Motion by Trustee Calzaretta, seconded by Trustee Kenny, to approve the
Omnibus Agenda. ROLL CALL VOTE:
Ayes: 5 - Trustees Bartecki, Calzaretta, Kenny, McInerney and Payovich.
Nays: 0 - None.
Absent: 1 - Trustee Shumate. Motion carried.
APPROVAL OF
A. APPROVAL OF BILLS: Approved Omnibus Vote. BILLS:
$386,970.14
B. APPROVAL OF PAYROLL: Approved Omnibus Vote. PAYROLL:
$12-15,51F.29
C. PAYOUT - MARINO MIDWEST. INC. - PAYOUT #19 & FINAL - RESERVOIR T3:
RESERVOIR B: Approved Omnibus Vote. $9,000.00
D. REFERRAL - HESTER (46 Woodland Drivel - SIDE YARD VARIATION: RESTER-SYV
Approved Omnibus Vote. (46 woodland
VILLAGE OF OAK BROOK Minutes 1 September 13, 1994
�OEOF 04,rp9
c
COUNT'S
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
September 8, 1994 708 9 9 0- 3 0 0 0
Alan and Anita Hester
46 Woodland Drive
Oak Brook, II. 60521
RE: Side Yard Variation
Dear Mr. & Mrs. Hester.
Enclosed you will find the referral memo that was sent to the Board of Trustees. Your presence
is not necessary at the September 13, 1994 Board of Trustees meeting. However, your
appearance is Mguired at the October 4, 1994 Zoning Board of Appeals public hearing regarding
your proposal.
If you have any questions, please call.
Sincerely,
Thomas R. Hawk
Director of Code Enforcement
TRH/gp
cc: James Wilnau, Barrington Pools
Petition file
RESTER-R.MEM
•
i
O�OF OAk e
9
��� OOfaa
v
G
4 `?O
r
COUN-T'('
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
PHONE: 708 990-3000
MEMO FAX: 708 990-0876
September 6, 1994
TO: President Bush Board of Trustees
FROM: Tom Hawk
SUBJECT: Referral - Hester - 46 Woodland Drive - Side Yard Variation
We have received the above request for a side yard variation.
Please refer this to the Zoning Board of Appeals for public hearing at their meeting of October
4, 1994.
cc: Petitioner
TRH/gp
Sec.VII OAK BROOK COIF.
not less than 2 feet for each foot of structure
height over 30 feet; (3) side yards abutting York
Road and Cermak Road shall have a depth of not
less than 100 feet.
(c) Rear: Not less than 40 feet in depth.
(9) Off-Street Loading and Off-Street Parking. As in
Section XI of this ordinance.
(Ord. No. G-83, 4-9-68; Ord. No. G-203, § 6, 12-14-76)
(F) R4 Single-Family Detached Residence District.
(1) Permitted Uses: As in Rl Single-family Detached
Residence District.
(2) Special Uses:
(a) As in the R1 Single-family Detached Residence
District, except airports.
(b) Recreational uses other than accessory uses, not
for profit—on lots not less than 2 acres in area.
(1) Ice skating rinks—open.
t
(2) Parks and playgrounds.
(3) Tennis and swimming facilities.
Supp.No.18
900.4
APPENDIX A—ZONING Sec. VII
(4) Other recreational uses as approved by the
Board of Trustees.
(5) Accessory uses and structures incidental to
the above recreational uses.
(c) Single-family detached, attached and semi-de-
tached dwellings—on parcels not less than 50
acres in area, provided that the gross density of
each such development shall not' exceed three
dwelling units per acre; the structure heights 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
square feet for a dwelling of more than one story;
the minimum distance between principal,build-
ings, as measured between bearing walls, shall be
not less than 20 feet, except that this distance
may be reduced by two (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 shall be set back at least
( thirty (30) feet from dedicated public streets,
off-street loading and off-street parking require-
ments shall be as provided in Section XI; and
provided that a preliminary development plan
indicates sufficiently clearly the proposed streets,
right-of-ways, lot sizes and set-backs, so that the
village board in granting approval of such
preliminary plan may clearly define the areas of
any special restrictions it may wish to impose and
that approval of the final subdivision plan shall
be subject to same.
(3) Lot Area: Not less than 18,000 square feet—except
that in subdivisions 40 acres or more in area, the lot
area may be reduced to 15,000 square feet provided
that lands equal to ten percent of the total area be
dedicated to the Village of Oak Brook, or agency
approved by the Village Board, for park or recreation-
Supp.No.1 901
Sec.VII OAK BROOK CODE
I
al uses and no portion of which shall be less than 4
acres. (Single-family Detached Dwellings) The dedi-
cated land shall be appropriate for park or recreation-
al uses, and shall not include wet drainage ways in
excess of 256 of the total dedicated area.
(4) Lot Width: Not less than 75 feet within the buildable
area.
(5) Floor Area Ratio: Not to exceed 0.4 for nonresidential
uses.
(6) Structure Height:
(a) Residential uses: Not mole than 30 feet and not
more than two and one-half stories.
(b) Institutional and other nonresidential uses: Not
more than 45 feet.
(7) .Ground Floor Area per Dwelling.
(a) One story—not less than 1,300 square feet.
(b) Bi-level—not less than 1,100 square feet (floors at
grade and above basement).
(c) Dwellings having more than one story—not less
than 900 square feet.
(8) Yards: Except as required in Section VII, G1-g (2)
and (4) of this ordinance, yards shall be provided as
follows:
(a) Front: Not less than 30 feet in depth—except front
yards abutting York Road and- 22nd Street shall
have a depth of not less than 100 feet.
(b) Side: Not less than 10 feet in depth—except (1) a
side yard may be reduced to not less than 8 feet
provided the adjoining lot contains a dwelling
with an attached garage or carport adjacent to
such side yard; (2) a side yard abutting a street
shall be not less than 30 feet in depth, and (3) for
nonresidential uses each side yard abutting a
street shall be not less than 30 feet in depth and
increased by not less than 2 feet for each one foot
of structure height over 30 feet.
Supp.No.l 902
APPENDIX A—ZONING Sec.VIII
(c) Rear: Not less than 30 feet in depth.
(9) Off-Street Loading and Off-Street Parking. As in
Section XI of this ordinance.
(Ord. No. G-66, 12-19-66; Ord. No. G-83, 4-9-68; Ord. No. G-203, §
7, 12-14-76)
(G) R5 Sin e-Family Attached R 'deuce District.
[Reserved.]
Editor's note—Ord. o.5123,1-14-67 repe paragraph G.
SECTION II. BUS ESS DISTRICTS
(A) Preamble.
The Business Distri ovide for groupings of business
and other nonresidenti stablishments in accordance with
their compatibility, 'ons and scope of service. The
regulations of the vario usiness Districts are designed to
govern developments r ngi from the local shopping areas
serving primarily re dents f the Village to those which
serve the region.
(B) Business D' rict Pro vi 'ons.
(1) Minimum t Area-2 or m re uses on a lot. Wherever
2 or mo a permitted uses or Special Uses, each
requirin a minimum lot area, a located in the same
buildin or on the same lot the equired minimum lot
area s all be the sum of the ar required for each
use i 'vidually. When one or mor use has a required
mini um lot area, the total lot ar shall equal the
s of the required lot areas plus adi=tional area
eq valent to that devoted to the use hick does not
h ve a required minimum lot area.
(2) cope.All business establishments shall b retail trade or
ervice establishments dealing directly with consumers and
all goods produced on the premises shall be sold on the
premises where produced,and all business,service,storage,
merchandise,display,and where permitted,repair and pro-
cessing shall be conducted wholly within a completely en-
Supp.No. 61 903
s
Sec. XIII OAK BROOK CODE
give due notice thereof to parties and shall decide
the appeal within reasonable time. The Board may
reverse or affirm, wholly or.partly, or may modify
the order, requirement or decision or determina-
tion as in its opinion ought to be made on the
premises and to that end has all the powers of the
official from whom the appeal is taken.
(4) Decisions: All decisions, after hearing of the Zoning
Board of Appeals on appeals from an administrative
order, requirement, decision, or determination of the
Building Inspector or other authorized official of the
Village of Oak Brook, shall, in all instances, be final
administrative determinations and shall be subject to
judicial review only in accordance with applicable
Statutes of the State of Illinois.
(G) Variations.
. ,. (1) Authority: The Board of Trustees shall decide all
applications for variations of the provisions of this
ordinance after a public hearing held before the .
Zoning Board of Appeals on such notice as shall be
required by the Illinois Statutes. The Zoning Board of
Appeals shall hold public hearings upon all applica-
tions for variations and shall report its recommenda-
tions to the Board of Trustees as to whether a
requested variation would be in harmony with its gen-
eral purpose and intent, and shall recommend a varia-
tion only where it shall have made a finding of fact
specifying the reason or reasons for recommending the
variations. Such findings shall be based upon the stand-
ards prescribed in Section XIII G-4 of this ordinance.
No variation shall be granted by the Board of Trustees
without such findings of fact. In the case of a
variation where the Zoning Board of Appeals fails to
recommend the variation, it can only be adopted by an
ordinance with the favorable vote of two-thirds of the
Trustees.
(2) Initiation: An application for a variation shall be in
triplicate and may be made by any governmental
966
APPENDIX A—ZONING Sec.XIII
office, department, board, bureau or commission, or by
any person, firm or corporation having a freehold
interest, a possessory interest entitled to exclusive
possession, a contractual interest which may become a
freehold interest, or any exclusive possessory interest
applicable to the land or land and improvements
described in the application for a variation.
(3) Processing. An application for a variation shall be
filed with the Village Clerk who shall forward one
copy of such application to the Zoning Board of
Appeals for processing in accordance with applicable
Statutes of the State of Illinois and one copy to the
Board of Trustees.
(4) Standards:
(a) The Zoning Board of Appeals shall not recom-
mend a variation of the provisions of this
ordinance as authorized in this section unless it
shall have made findings of fact based upon the
evidence presented to it on the following specific
issues that:
(1) The property in question cannot yield a
reasonable return if permitted to be used only
under the conditions allowed by the regula-
tions governing the district in which it is
located.
(2) The plight of the owner is due to unique
circumstances.
(3) The variation, if granted, will not alter the
essential character of the locality.
(b) For the purpose of supplementing the above
standards, the Zoning Board of Appeals, in
making the determination whether there are
practical difficulties or particular hardships, shall
also take into consideration the extent to which
the following facts, favorable to the applicant,
have been established by the evidence that:
967
/owe
f
Sec.XIII OAK BROOK CODE
(1) The particular physical surroundings, shape,
or topographical conditions of the specific
property involved would bring a particular
hardship upon the owner as distinguished
from a mere inconvenience if the strict letter
of the regulation were to be carried out.
(2) The condition upon which the petition for
variation is based would not be applicable
generally to the other property within the
same zoning classification.
(3) The granting of the variation will not be
detrimental to the public welfare or injurious
_ to other property or improvements in the
neighborhood in which the property is lo-
cated.
(4) The proposed variation will not impair an
adequate supply of light and, air to adjacent
property, or substantially increase the danger
of fire, or otherwise endanger the public safety
or substantially diminish or impair property
values within the neighborhood.
(5) That the purpose of the variation is not based
exclusively upon a desire to make more money
out of the property.
(6) That the alleged difficulty or hardship has
not been created by any person presently
having an interest in the property.
(c) The Zoning Board of Appeals may recommend
and the Board of Trustees may require such
conditions and restrictions upon the premises
benefited by a variation as may be necessary to
comply with the standards set forth in this section
to reduce or minimize the injurious effect of such
variation upon other property in the neighbor-
hood, and to implement the general purpose and
intent of this ordinance.
(5) Unauthorized Variations: The variation procedure
shall in no case be used to accomplish a result which
968
-6
r Y '
APPENDIX A—ZONING Sec.XIII
could otherwise be achieved by a rezoning of the
property involved, such as, but not limited to,
establishment or expansion of a use not permitted in a
residence district; authorizing the construction of
residences in other than residence districts; nor
authorizing other than single-family detached res-
idences in the R1, R2, R3 and R4 Districts.
(6) Re-applications: Any person, firm, or corporation
having been denied a variation to the Zoning
Ordinance respecting a specific parcel of property may
not re-apply for a like variation on said real property
until the period one (1) year has elapsed since the
denial of the application for variation by the
President and Board of Trustees. (Ord. No. G137,
9-14-71)
(I) Plan Commission.
Jurisdiction.
The Plan Commission of the Village, which has been duly
established with functions as prescribed by the Illinois
Statutes, is the Plan Commission referred to in this
ordinance, and shall have the following duties under this
ordinance:
(1) Receive from the Village Clerk copies of applications
for proposed amendments and thereafter may submit
its recommendations thereon to the Zoning Board of
Appeals and Board of Trustees.
(2) Receive from the Building Inspector copies of applica-
tions for proposed Special Uses and thereafter submit
its recommendations thereon to the Building Inspector
and Board of Trustees.
(3) Act on all other matters which are referred to it as
required by the provisions of this ordinance.
(4) Review, from time to time, the provisions of this
ordinance and to make reports of its recommendations
with respect to proposed amendments to the Board of
Trustees.
969
II
R E C E I ED
VILLAGE OF OAK BROOK
AUG 1 9 1994
APPLICATION FOR PUBLIC HEARIN
SINGLE FAMILY RESIDENTIAL ZONING VA I OAK BROOK
izonnw�
APPLICATION FEE: $300
ALL APPLICATIONS MUST BE ACCOMPANIED BY THE $300 FEE AND 18 COPIES OF ALL
OTHER NECESSARY SUBMITTAL DOCUMENTS. PLEASE REFER TO THE ATTACHED
SUBMITTAL DOCUMENTS GUIDELINE.
APPLICANT TO COMPLETE
PROPERTY ADDRESS: -+& WpodtW Urge , malt /3rook, r L
PERMANENT PARCEL NO. 0G - 23 -20 2-012-LOT NO. -25' SUBDMSION:
ZONING: - ZONING ORDINANCE SECTION:
ACTION REQUESTED: ex- ✓D�✓t�`tl a
PROPERTY INTEREST OF APPLICANT: OWNER ✓ CONTRACT PURCHASER
,rr AGENT
OWNERS) ,A f eko A A(/tl fin PHONE NO.70rr-7?2' -S!(os
ADDRESS -f-& WOO dl Q N c Pri ve,r 6;Lc 5 Koo ZIP Co067�2 1
APPLICANT w to, PHONE NO
ADDRESS ZIP
I(we)certify that all of the above statements and the statements contained in any papers or plans submitted
herewith are true to the best of my (our) knowledge and belief.
(Signature) Applicant Date (Signature) Applicant Date
DO NOT WRITE BELOW -- FOR OFFICE USE ONLY
Date Filed: 8/19/94 Board of Trustees Referral: 9/13/94 Notice Published: 9/8/94
Newspaper: Daily Herald Date Adjacent Property Owners Notified: 9/8/94
Staff Referral: 9/27/94
Hearing Dates:
Zoning Board 10/4/94 Board of Trustees: 10/25/94
Board of Trustees Ordinance Approval Date: 11/8/94
FEE PAID: $ 300.00 Receipt No.B7688 Received By: 9P
v
4 O " k
Village Clerk
RESIDENTIAL VARIATION
5
1G5 aiSa K' z.� n( D44�xtc s/ ++ .d: "•'-+ ,, -
i ..
t ALAN HESTER MO /%M AN• 6 q 0
ANITA TANG ONG MD Cash Management Account
3500 LAKE KNOLL DRIVE IIIIIIIII
NORTHBROOK, IL 60062 JI-0 194* 25-80f440
PAY TWHI, a 0�,
ORDER OF_, r a
• �.• r
DOLLARS
elk . '
�:04'4000:804�: ; 3b �'�.164 384n' 0690
. ... .. •:� ,..,-,:-:-� �: .-fir ., . . . ,. .._
CHECK y S CHECKS 0 CASH INV I DATE NAME G.L.ACCOUNT I DESCRIPTION
NUMBER
INVAUD
VILLAGE OF OAK BROOK SIGIGTROUT
NATURE
BUREAU OF INSPECTION B 7688
•
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
PHONE: (708) 990-3000
RETAIN THIS RECEIPT
FOR YOUR RECORDS
SAFEGUARD BUSINESS SYSTEMS
i
Surrounding Property Owners
Following are the names and addresses of surrounding property owners of the property in
question for a distance of 250 feet in all directions. Do not include the width of any roads,
streets, alleys, and public ways in computing the 250-foot requirement.
These names and addresses can be obtained at the:
Assessor's Office Assessor's Office
York Township Downers Grove Township .
1502 Meyers Road 4340 Prince Street
Lombard, IL 60148 Downers Grove, IL 60515
(708) 627-3354 (708) 968-2100
The people on this list will be notified by mail with the information about your request and the
meetings schedule.
NAME(S) PROPERTY &/OR MAILING ADDRESS
Gf`!n
ile-
tr !� n VCS K �j(J �p2o2- � e%✓ '�uT
107 G ey ,'G"--
e- en I l ieur �7 'v
CC.f� x/112 i fi e- I /r
�J�f � 5� !�i/dOd Q-n i✓c_
e--ce Jae. P
App '7.;2— T/tir R-x,-CV'lE-
IW~A� J4R`N ---J;/ 6 %alP�r !li
Attach additional pages, if necessary.
RESIDENTIAL VARIATION
6
Ffk. I BARRINGTON POOLS, INC.
Swimming Pools — Spas — Enclosures
P.O. Box 3906 • Barrington, IL 60011-3906 • (708) 381-1245
August 19, 1994
Zoning Board of Appeals
Board of Trustees
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60521
Dear Sir/Madam:
Please accept the enclosed application for your review. The property known as 46 Woodland
Drive is somewhat unique in that it is bordered by three streets - Roosevelt Road, Timberview,
and Woodland. Mr. and Mrs. Hester specifically chose this home and location so they could
build a pool and surrounding structure for year round use. The proposed addition will enclose
a swimming pool, spa, and a work out area for health and conditioning reasons. It was not until
after the purchase of the home when they submitted application for a building permit that they
were made aware that their home was existing nonconforming.
The thirty foot setback requirement creates a hardship for Mr. & Mrs Hector in the positioning
of their proposed addition. Presently, the existing home is a nonconforming structure and
encroaches the thirty foot setback by five feet. It is the Hester's request to build the proposed
structure by continuing the existing structure line of the home. The variation request is for a
five foot variance on the 30 foot setback on Woodland Street side. Woodland is a dead end
street and there are no other homes that will be effected by this requested variance.
The existing landscaping of the rear and side yards creates a natural screening for the proposed
structure. Additional landscaping has already begun as detailed on the enclosed landscape plan.
The proposed addition and landscaping will not only serve the Hesters use requirements, but will
enhance the property and the community.
Please consider this request for the five foot variation. Granting this request will not alter the
character of the neighborhood and will not infringe upon the property value of any other
properties. The Hesters would appreciate the opportunity to explain and review their petition
with the Village Boards.
Sincerely,
James Wilnau
Barrington Pools, Inc
O
TO WHOM IT MAY CONCERN:
We, Dr. Alan and Dr. Anita Hester give James Wilnau of
Barrington Pools, Inc. permission to represent us to
your committee as our agent for the proposed addition
located at 46 Woodland Dr., Oak Brook, I1 .
Thank-you.
E
Resident i S,vey�ny ►Qry cat w Iw
108 t; Lang Delingbweek IL 6044V
P11 les/isg-ozos FAX 708/159-9191
PLAT OF SURVEY
10' 25 IN IIIII i2 TRAIL FSI'A1'F.S 1/N11' (NE, Ni1W A 5111i1►IVISIW (X 1'AIt1' Cr' r
111E NM 11 FAST 114 OF' guION 23, 1UJNSIIII, 39 MIMI, RAMS 11, EAST (1F' 1116
1111RU FRIWIVAL MUVIAN, AXPRU1M; 1V 111E I'IAT TRf•,1t1'.C)X' RFX:OI1I1t�) (X. "W"R
16, 1946 AS I7(Xa)MIM 509928, IN LUVA(E GCJMT, ILLINUIS. SCALE.I--�b
i
1
Ls U.
i
'To F OF
POC>L o
i GAEMM PR�►WE
° � ENCLDS u t2G
W.5 a lo' >r bb5
x
Mr-
8
1 � 2 .
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- i-1 c-its '
`,G,,1p111N11II��'I
35-2900 ~
MROFESSIONAI. _
LAW - ..
SURVEYOR
SWE OF - +`
.•�0.�'' RECEIVED
���•,J 46291994
Stale of Illinois VILLAGE OF OAK BROOK
}SS 1Cr�.-/ f•tfES �'°-'•'ha M• i4.."� Lei• �Mr....t-A ..
County of Will l Pi-ANNING/ZONING
/vl!•at ti>A.EJ♦ CJ•1.If:71N.k'1 I:
I,Michael O.ller wy,all Illinois Registered Und Surveyor,do hereby cetlll'y 111,111 have sutvcycd lire patcel o(Lnnd I Icreon
desctibcd rind that rho Plat Ileteon drawn is a correct teplesenlation of said survey.
mled.Ilds Zf7 day of ��'B�yA�"! ,A. U,, 19 94.at Bolingbrook,Illinois.
inois Regisleted—Land Surveyor No. 35- app No. 111!3-1-9 —
luilding Lines,Easemenls and 011ret ResltictIO113 not shown hereon refer to your Deed,Title Policy,Ordinance,etc.
Ordinance 94-ZO-V-S-790
Relative to Side Yard
Requirements
46 Woodland Drive
Page 2
Section 3: That this Ordinance is limited and restricted to the property
located at 46 Woodland Drive, Oak Brook, IL, which property is legally
described as follows:
Lot 25 in Timber Trail Estates Unit One, being a subdivision of part
of the Northeast Quarter of Section 23, Township 39 North, Range 11,
East of the Third Principal Meridian, according to the plat thereof
recorded October 16, 1946 as Document 508928, in DuPage County, IL.
Permanent Parcel No. 06-23-202-012.
Section 4: That this ordinance shall be in full force and effect from
and after passage and approval pursuant to law.
PASSED THIS 8th day of November, 1994.
Ayes: Trustees Bartecki, Calzaretta, Payovich and President Bushy
Nays: None
Absent: Trustees Kenny, McInerney and Shumate
Abstain: None
APPROVED THIS 8th day of November, 1994.
qft1-1/1/01* -4WA
L1
Village President
ATTEST:
•
Vil :ge Clerk
Approved as to Form:
W4ittui,a.A4A,
Village Attorney
Published
Date Paper
Not Published X-X
Applicant: Dr. Alan & Anita Hester
Address: 46 Woodland Drive, Oak Brook, IL 60521
PIN 06-23-202-•012