S-707 - 12/11/1990 - VARIATION - Ordinances ORDINANCE S- 707
AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS
OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK
RELATIVE TO LOADING BERTHS, SIDE AND REAR YARDS,
PARKING AISLES AND GROUND SIGNS
(Oak Brook Nursing Home, 2013 Midwest Road)
WHEREAS, an application has been filed requesting variations for
property located 2013 Midwest Road; and
WHEREAS, the Zoning Board of Appeals of the Village of Oak Brook,
pursuant to due and appropriate legal notice conducted a public hearing
thereon on November 6, 1990; and --
WHEREAS, the said Zoning Board of Appeals made specific findings of fact
and recommendations for approval of the following variations:
1. A variation from the provisions of Section XI(D) (7) to reduce the
required number of off-street loading berths from 3 to 1.
2. A variation from the provisions of Section XI(D) (2) to reduce the size
of the one loading berth from 12' x 55' to 18' x 201 .
3. Variations from the provisions of Section XI(E) (7) to reduce the
northerly required side yard adjacent to off-street parking spaces from
10' to 51 , and on the southerly required side yard, from 10' to 41 .
4. A variation from the provisions of Section XI(E) (7) to reduce the
required easterly rear yard for off-street parking space adjacent to a
residential district from 40' to 7' .
5. A variation from the provisions of Section XI(E) (3) to permit a parking
aisle to the rear of the property to be 19' in width instead of the 27'
requirement.
6. A variation from the provisions of Section VIII(E) (5) , and by reference,
VIII(C) (5) (h) to permit construction of one entrance ground sign on a
lot less than three acres in area.
WHEREAS, the corporate authorities have considered these recommendations
and findings and concur in the same since they are supported by the
preponderance of evidence in the record;
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 preamble hereinabove set forth is hereby
incorporated herein as though fully set forth.
VILLAGE OF OAK BROOK tWtes -2- 0 December 11, 1990
1
Ayes: 6-Trustees Bartecki, Bushy, Maher, Payovich, Rush and
Winters
Nays: 0-None
Absent: 1-President Cerne
Motion carried.
CB). ORDINANCE No. 5-707 AN ORDINANCE GRANTING VARIATIONS FROM THE
PROVISIONS OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK
RELATIVE TO LOADING BERTHS, SIDE AND REAR YARDS, PARKING AISLES AND
GROUND SIGNS (Oak Brook Nursing Home, 2013 Midwest Road) :
Direction given at the Regular Meeting of November 27, 1990.
Trustee Winters moved, seconded by Trustee Maher to pass
Ordinance No. 5-707 as presented and waive the full reading
thereof. Roll Call Vote:
Ayes: 6-Trustees Bartecki, Bushy, Maher, Payovich, Rush and
Winters
Nays: 0-None
Absent: 1-President Cerne
Motion carried.
C. ORDINANCE NO. G-459 AN ORDINANCE AMENDING SECTION 12-87 OF THE
CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK, ILLINOIS AND
ADJUSTING WATER CHARGES:
Proposed Ordinance adjusts water charges increasing the present
water rate by 5 percent.
Trustee Rush moved, seconded by Trustee Bushy to continue the
policy of adjusting the water rate upward by 5 percent each year
and to pass Ordinance No. G-459 as presented and waive the full
reading thereof. Roll Call Vote:
Ayes: 6-Trustees Bartecki, Bushy, Maher, Payovich, Rush and
Winters
Nays: 0-None
Absent: 1-President Cerne
Motion carried.
V. FINANCIAL:
A. Payouts:
1. Crawford, Murphy & Tilly, Inc. - Payout #1 - Consultant
Services for Bridge Inspections (22nd Street over Salt
Creek, Spring Road, Jori_e Boulevard, Regent Drive and
Saybrook Lane at Ginger Creek and deck inspections of
Harger Road and Windsor Drive bridges) :
Trustee Rush moved, seconded by Trustee Bushy to authorize
payment of Payout #1 to Crawford, Murphy & Tilly, Inc. for
professional consulting services for bridge inspections in the
total amount of $4,226.94. Roll Call Vote:
VILLAGE OF OAK BROOK Minutes -2- December 11, 1990
MINUTES OF THE REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF OAK BROOK, ILLINOIS HELD
DECEMBER 11, 1990
I. PUBLIC HEARING: COMPREHENSIVE PLAN ORDINANCE:
Temporary Chairperson Payovich called a Public Hearing at 7:32 p.m. regarding
the proposed Comprehensive Plan of the Village of Oak Brook. It was noted
that the notice of this Public Hearing was published in the Oak Brook DOINGS
on November 23, 1990 as required by law. Temporary Chairperson Payovich
outlined the proposed Comprehensive Plan and requested any response from the
public, hearing none, a motion was made to adjourn the hearing at 7:35 p.m.
by Trustee Bushy, seconded by Trustee Rush with a voice vote.
II. MEETING CALL:
The Regular Meeting of the Board of Trustees was called to order by Temporary
Chairperson Payovich in the Samuel E. Dean Board Room of the Village Commons
at 7:36 p.m.
ROLL CALL:
PRESENT: Trustees Garry J. Bartecki
Karen M. Bushy
Ronald P. Maher
Barbara A. Payovich
Joseph H. Rush
H. Richard Winters
ABSENT: President Wence F. Cerne
PLEDGE TO THE FLAG
III. APPROVAL OF MINUTES:
Trustee Maher moved, seconded by Trustee Rush to approve the Minutes of the
Regular Meeting of November 27, 1990 as presented and waive the full reading
thereof. Voice Vote: all ayes, no nays. Motion carried.
IV. ORDINANCES AND RESOLUTIONS:
A. ORDINANCE NO. G-458 AN ORDINANCE ADOPTING AN AMENDED
COMPREHENSIVE PLAN FOR THE VILLAGE OF OAK BROOK:
Public Hearing held on December 11, 1990 at 7:32 p.m. in the
Samuel E. Dean Board Room of the Village Commons.
Trustee Winters moved, seconded by Trustee Bushy to pass
Ordinance No. G-458 as presented and waive the full reading
thereof. Roll Call Vote:
I
VILLAGE OF OAK BROOK Minutes -1- December 11, 1990
I
VILLAGE OF OAK BROOK Nes -3- Wvember 27, 1990
C. Approval of Engineer Design Contract - Roosevelt Road South Frontage
Road:
Trustee Rush moved, seconded by Trustee Winters to enter into a contract
with P & D Technologies in the lump sum amount of $11,000.00 to provide
professional engineering services regarding design plans and
specifications for the rehabilitation of the Roosevelt Road South
Frontage Road between Salt Creek and York Road, subject to Village
Attorney Brechin's review and the Board's approval of the
intergovernmental agreement between IDOT and the Village for the project
including the revised cost estimate. Roll Call Vote:
Ayes: 6-Trustees Bartecki, Bushy, Maher, Payovich, Rush and
Winters
Nays: 0-None
Absent: 1-President Cerne
Motion carried.
VII. NEW BUSINESS:
A. Cancellation of December 25, 1990 Meeting:
Trustee Bushy moved, seconded by Trustee Payovich to cancel the Board of
Trustees meeting scheduled for December 25, 1990. Voice Vote: all
ayes, no nays. Motion carried.
B. Recommendation - Spillone - Rear Yard Variation (31 Devonshire Drive) :
Application has been made for a Rear Yard Variation for construction of
a pool encroaching approximately 23' into the 40' rear yard of a through
lot.
The Zoning Board of Appeals at its meeting of November 6, 1990
recommended approval of the rear yard variation which would allow the
pool to be located 20' from the rear lot line instead of the 17'
requested (both as measured from the water line), based on the findings
of fact as stated in letter of November 16, 1990 from Chairman Savino.
Trustee Winters moved, seconded by Trustee Rush to deny the request for
a variation to allow for construction of a pool 17' or 20' from the rear
lot line. Roll Call Vote:
Ayes: 4-Trustees Bushy, Maher, Rush and Winters
Nays: 2-Trustees Bartecki and Payovich
Absent: 1-President Cerne
Motion carried.
CO. Recommendation - Oak Brook Nursing Home - Variations (2013 Midwest
Road) :
The Zoning Board of Appeals, at its meeting of November 6, 1990,
recommended approval of the following five variations:
1. A variation from Section XI(D) (7) to reduce the required number of
off-street loading berths from 3 to 1;
VILLAGE OF OAK BROOK Minutes -3- November 27, 1990
VILLAGE OF OAK BROOK Minutes -4- November 27, 1990
2. A variation from Section XI(D) (2) to reduce the size of the one
loading berth from 12' x 55' to 18' x 201 ;
3. Variations from Section XI(E) (7) to reduce the northerly required
side yard adjacent to off-street parking spaces from 10' to 51 , and
on the southerly required side yard, from 10' to 41 ;
4. A variation from Section XI(E) (7) to reduce the required easterly
rear yard for off-street parking spaces adjacent to a residential
district from 40' to 71 ;
5. A variation from Section XI(E) (7) to permit a parking aisle to the
rear of the property to be 19' in width instead of the 27'
requirement;
based on the findings of fact as stated in Chairman Savino's letter
dated November 16, 1990.
The Zoning Board recommended denial of 2 ground signs based on the
findings of fact as stated in Chairman Savino's letter dated November
16, 1990, but recommended that a single ground sign would be appropriate.,
since the property presently has a ground sign and that any building
wall signs (the only other type allowed for this property) would not be
readily visible from the street.
Trustee Winters moved, seconded by Trustee Bushy to direct the Village
Attorney to prepare the necessary documentation for the requested
variations including the location of one ground sign subject to the
condition of the continued use of the property as a Nursing Home. Roll
Call Vote:
Ayes: 6-Trustees Bartecki, Bushy, Maher, Payovich, Rush and
Winters
Nays: 0-None
Absent: 1-President Cerne
Motion Carried.
D. Purchasing - Golf Pro Shop Merchandise:
Trustee Maher moved, seconded by Trustee Bushy to approve purchases of
$117,661.24 for merchandise for resale in the Golf Pro Shop. Roll Call
Vote:
Trustee Bartecki not present at time of vote
Ayes: 5-Trustees Bushy, Maher, Payovich, Rush and Winters
Nays: 0-None
Absent: 1-President Cerne
Motion Carried.
E. Open Forum:
Trustee Payovich stated the County approved $900,000.00 for a study of
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purchasing the Elmhurst Quarry Reservoir for stomwater detention area
VILLAGE OF OAK BROOK Minutes -4- November 27, 1990
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990-3000
November 15, 1990
MEMO TO: Village President & Board of Trustees
SUBJECT: Oak Brook Nursing Homes - Variations
2013 Midwest Road
Oak Brook Nursing Home has proposed construction of a 13,000 sq. ft. addition
adding ten beds for a total of 148 beds within the structure. Building
Department policy is such that, when major building renovations of this type
are proposed, all existing non-conformities regarding parking and loading
berths either need to be brought up to code or receive necessary variations to
allow their continuance. The proposed addition itself requires no variation.
The Zoning Board of Appeals, at its meeting of November 6, 1990, recommended
approval of the following five variations:
1. A variation from Section XI(D) (7) to reduce the required number of
off-street loading berths from 3 to 1.
2. A variation from Section XI(D) (2) to reduce the size of the one loading
berth from 12' x 55' to 18' x 201 .
3. Variations from Section XI(E) (7) to reduce the northerly required side
yard adjacent to off-street parking spaces from 10' to 51 , and on the
southerly required side yard, from 10' to 41 .
4. A variation from Section XI(E) (7) to reduce the required easterly rear
yard for off-street parking spaces adjacent to a residential district
from 40' to 71 .
5. A variation from Section XI(E) (3) to permit a parking aisle to the rear
of the property to be 19' in width instead of the 27' requirement.
A sixth variation requested was from the provisions of Section VIII(B) (5) , and
by reference, VIII(C) (5) (h) to permit construction of two entrance ground
signs on a lot less than 3 acres in area. The existing development has a
ground sign which was legally constructed when the property comprised more
1 i-77--'� 0 ��
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Oak Brook Nursing Home - 2 - November 15, 1990
than 3 acres. However, since that time, the property was subdivided and
presently contains 2.4 acres. As a part of the proposed addition and
renovation of the property, the existing ground sign would be removed and as
such, construction of a replacement ground sign requires a variation. Section
VIII(C) (5) (h) of the ordinance only allows one ground sign on lots greater
than 3 acres in area. The nursing home, aside from requesting one ground
sign, has requested 2 ground signs, located on both sides of the main entrance
drive.
The Zoning Board recommended denial of 2 ground signs, but recommended that a
single ground sign would be appropriate since the property presently has a
ground sign and that any building wall signs (the only other type allowed for
this property) would not be readily visible from the street.
Respectfully submitted,
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Stephen Ber ey
Village Manager
Bruce F. Kapff
Assistant to Village Manager
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V1 LLAG E OF OAK B IZOO K
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
November 16, 1990
708 990.3000
Village President & Board of Trustees
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, IL 60521
Re: Oak Brook Nursing Home, Variations
2013 Midwest Road
Dear Mr. President & Board of Trustees:
The Zoning Board of Appeals, at its meeting of November 6, 1990, considered
a request for variations in conjunction with planned building and site
modifications.
A motion was made by Member Shumate, seconded by Member Crouch, to recommend
approval of the following variations:
1. A variation from Section XI(D) (7) to reduce the required number of 1
off-street loading berths from 3 to 1.
I
2. A variation from Section XI(D) (2) to reduce the size of the one loading
berth from 12' x 55' to 18' x 201 .
3. Variations from Section XI(E) (7) to reduce the northerly required side
yard adjacent to off-street parking spaces from 10' to 51 , and on the
southerly required side yard, from 10' to 41 .
4. A variation from Section XI(E) (7) to reduce the required easterly rear
yard for off-street parking space adjacent to a residential district from
40' to 7' .
5. A variation from Section XI(E) (3) to permit a parking aisle to the rear
of the property to be 19' in width instead of the 27' requirement.
This recommendation is based on the following findings of fact:
1. Approval of these variations will not alter the essential character of
the locality.
2. The requested variations would not be generally applicable to other
properties.
. �a
Oak Brook Nursing Home - 2 - November 16, 1990
3. Granting of the variations will not be detrimental to the public welfare
or injurious to other properties in the neighborhood.
This motion was approved on a roll call vote of six ayes, Members Crouch,
Herman, Kenny, Martinello, Shumate and Chairman Savino; zero nays, and no
members absent.
A motion was made by Member Shumate, seconded by Member Herman, to recommend
denial of the requested variation from Section VIII(B) (5) , and by reference,
Section VIII(C) (5) (h) , to permit construction of two entrance ground signs on
a lot less than three acres in area based on the following findings of fact:
1. The property is able to yield a reasonable return if the variation is
denied.
2. The request for two ground signs is not based on unique circumstances.
3. Approval of the variation could alter the essential character of the
locality and set precedent for other properties in the area.
This motion was approved on a roll call vote of six ayes, Members Crouch,
Herman, Kenny, Martinello, Shumate and Chairman Savino; zero nays, and no
members absent.
A motion was made by Member Kenny, seconded by Member Martinello, to recommend
approval of a single ground sign based on the following findings of fact:
1. The property is unique since it presently has one ground sign, and a sign
placed on the building. would not be readily visible from the street.
2. Approval of this variation would not alter the essential character of the
area since it is basically a commercial district.
This motion was approved on a roll call vote of four ayes, Members Crouch,
Kenny, Martinello, and Chairman Savino; two nays, Members Herman and Shumate,
and no members absent.
II
Sincerely,
i
Alfred P. Savino
Chairman
Zoning Board of Appeals
4. The variation requested is not made in order to generate more money from
the property.
5. The particular hardship was not created by any person presently having an
interest in the property.
ROLL CALL VOTE: Ayes: (4)
Members Kenny,
Martinello, Shumate, and
Chairman Savino
Nays: (2)
Members Crouch and Herman
Absent: (0)
MOTION CARRIED ...
IV. OAK BROOK NURSING HOME, VARIATIONS - 2013 MIDWEST ROAD
Steve Sussholz, architect, addressed the variations requested relating to the
construction of at addition adding ten rooms to the existing nursing home.
A motion was made by Member Shumate, seconded by Member Crouch, to recommend
approval of the following variations:
1. A variation from Section XI(D) (7) to reduce the required number of
off-street loading berths from 3 to 1.
2. A variation from Section XI(D) (2) to reduce the size of the one loading
berth from 12' x 55' to 18' x 201 .
3. Variations from Section XI(E) (7) to reduce the northerly required side
yard adjacent to off-street parking spaces from 101 to 51 , and on the
southerly required side yard, from 10' to 41 .
4. A. variation from Section XI(E) (7)- to reduce the required easterly rear
yard for off-street parking space adjacent to a residential district from
40' to 7' .
S. A variation from Section XI(E) (3) to permit a parking aisle to the rear
of the property to be 19' in width instead of the 27' requirement.
This recommendation is based on the following findings of fact:
1. Approval of these variations will not alter the essential character of
the locality.
2. The requested variations would not be generally applicable to other
properties.
3. Granting of the variations will not be detrimental to the public welfare
or injurious to other properties in the neighborhood.
ZONING BOARD OF APPEALS Minutes - 2 - November 6, 1990
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ROLL CALL VOTE: Ayes: (6)
Members Crouch, Herman,
Kenny, Martinello, Shumate
and Chairman Savino
Nays: (0)
Member Shumate
Absent: (0)
MOTION CARRIED . . .
A motion was made by Member Shumate, seconded by Member Herman, to recommend
denial of the requested variation from Section VIII(B) (5) , and by reference,
Section VIII(C) (5) (h) , to permit construction of two entrance ground signs on
a lot less than three acres in area based on the following findings of fact:.
1. The property is able to yield a reasonable return if the variation is
denied.
2. The request for two ground signs is not based on unique circumstances.
3. Approval of the variation could alter the essential character of the
locality and set precedent for other properties in the area.
ROLL CALL VOTE: Ayes: (6)
Members Crouch, Herman,
Kenny, Martinello, Shumate
and Chairman Savino
Nays: (0)
Absent: (0)
MOTION CARRIED .. .
A motion was made by Member Kenny, seconded by Member Martinello, to recommend
approval of a single ground sign based on the following findings of fact:
1. The property is unique since it presently has one ground sign and that a
sign placed on the building would not be readily visible from the street.
2. Approval of this variation would not alter the essential character of the
area since it is basically a commercial district.
ROLL CALL VOTE: Ayes: (4)
Members Crouch, Kenny,
Martinello and
Chairman Savino
Nays: (2)
Members Herman and Shumate
Absent: (0)
ZONING BOARD OF APPEALS Minutes - 3 - November 6, 1990
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VILLAGE. O F OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
November 1, 1990
708 990-3000
MEMO TO: Zoning Board of Appeals
SUBJECT: Oak Brook Nursing Home - Variations
2013 Midwest Road
Oak Brook Nursing Home has proposed construction of a 13,000 sq. ft. addition
which will add 10 beds for a total of 148 beds within the structure. Our
Building Department's policy has been that, at such time as major building
renovations of this type are proposed, all existing non-conformities need to
either be brought up to code or receive the necessary variation. The proposed
addition itself requires no variations; however, the following variations have
been requested which deal with various items elsewhere on the site:
Variation from Section XI(ll)(7) to reduce the required number of
/ off-street loading berths from 3 to 1. The one existing loading berth is
V/
located at the rear of the property. Section XI(D)(7) requires 3 loading
berths for non-office buildings with 40,000 to 100,000 sq. ft. floor
area. The subject building will comprise approximately 54,000 sq. ft.
// following the addition.
"2. A variation from Section XI(D)(2) to reduce the size of the one loading
berth from a minimum of 12' wide x 55' in length to 18' x 20' .
3. Variations from Section XI(E)(7) to reduce the northerly required side
yard adjacent to off-street parking spaces from 10' to 5' and reduce the
southerly required side yard from 10' to 4' . As indicated on the
enclosed site plan and plat of topography, the existing driveway along
the north edge of the lot will be widened in order to add 34 parking
spaces. Parking at the nursing home is presently in the center of the
property where the proposed addition will be located.
The parking area at the southeast corner of the lot is presently 4' from
the southerly lot line and will not be modified to meet the 10'
requirement.
4. A variation from Section XI(E)(7) to reduce the required easterly rear
yard for off-street parking spaces adjacent to a residential district
from 40' to 7' . The parking area to the rear of the lot is adjacent to a
Oak Brook Nursing dome 2 November 1, 1190
residentially zoned district within the City of Oakbrook Teri-ace. This
parking area is riot proposed to be modified, but rather will maintain its
approximate V separation.
A variation from Section VIII(E)(5) , and by reference VIII(C)(5)(h) to
permit construction of 9., ground sign on a lot less than 3 acres in area.
The existing property has a ground sign adjacent to Midwest Road. This
ground sign was constructed in conjunction with the original development
at which time the property exceeded 3 acres. Subsequent to the initial
development, this property was subdivided and presently contains
2.4 acres. All that would be allowed on this property would be signs
mounted an the building. The existing sign is proposed to be eliminated
and replaced by new building identification signs on each side of the
major entrance noted on the site plan.
Respectfully y
jtes submitted,
I
brace F. Kapff
Ass.isLani to Viilage nager
BFK:sps
cc: Mr. Steven Sussholz
SHAYMAN & SALK CO.
630 Dundee Road
Suite 110
Northbrook, IL 60062
See. X111 OAK 3ROOK 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 G4 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.XDI
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
Sled 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
lions 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
Sec.%III 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 distingmshed
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 imps 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 tbis 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
S APARIX A—ZONING SM%III
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 district nor
authorizing other than single-family detached res.
idences in the R1, R2, R3 and R4 Districts.
(6) Be-applications Any person, firm, or corporation
having been denied a variation to the Zoning
Ordinance respecting a specific parcel of property may
not reapply 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)
(ED Plan Commission.
Jw isdicdom
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.
lions 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
I
3
i
12 _ -Secb' Chicago i hbanfY;tv�orlday, detotier 22,9890 D ---- ----- --- ---------- -
- - - ----- - -- -
LEGAL NOTICE
VILLAGE OF OAK BROOK
DU PAGE AND COOK
COUNTIES,ILLINOIS
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY,Gh/M that
a public hearing before the
Zoning Board of Appeais of
the Village of Oak Brook,
DUPage and Cook Counties,
Illinois,will be held on Novem-
ber 6 1990, at 7:30 p.m. in
the dak Brook Village Hall,
1200 Oak Brook Road,Illinois,
for the purpose of consldl"r
the application of the Oak
Brook Nursing Home for varia-
tions as provided under Sec-
tion XIII(G) of the Zoning
Ordinance of the Village of
Oak Brook, Illinois, Ordhence
G-60,as amended.
Variations from the folkswim
I Sections of the Zoning Ordi-
nance are requested: 1) A
variation from the provisions
of Section XI(D)(7) to reduce
the required number of off-
street loading berths from
three(3)to one(1);2)A vari-
ation from the provisions of
Section XI(D)(2)to reduce the
size of the one provided off-
street loading berth from a
minimum of 12 feet wide by
5S feet in length to 18 teat by
20 feet;3)Variations from the
provisions of Section KHOO)
to reduce the northerly
required side yard ad)aaent to
off-street parking spaces from
ten (10)feet to live(5)het
and to reduce the southerly
required side yard from 1
feet to 4 het;4)A variation
from the provisions of Section
XKEX7)to reduce the required
*wtwW rear yard for off-street
perkMq spaces adjacent to a
residential district from forty
(40)het to seven(7)het;5
A variation from the provisions
of Section VIII(E)(5)and by ref-
erence,$action V111(0(5)(h) to
permit construction of a
ground sign on a lot less than
noes In area,and 6)A varl
teas from the provi of
Section XI(E)(3) to permrm it a
parking able 19 feet M width
Insteed of the 27-foot require-
The property may be generally
desvlbed as 2013 Midwest
Road,Oak Brook,lllkdos,and
the legal description K as fol-
lows.
The southerly 300 feet of
Lot 1 In Butler Mohlman
Subdivision,being a subdivi-
oosion East half
the Southwest Quarter of
Section 22, Township 39
North,Range 11 East of the
Third �eH Meriden
�01
Me 28 1969;as
Document R69-13271, In
Dupage CouMV, IL Pena-
nent Parcel No.
06-22-303-035.
All persons desiring to be
heard in support of or in
opposition to the proposed
variations or any provision
thereof, will be afforded an
submit VnNr Statteem%rn ormy
or In writing or both. The
hearing may be recessed to
another date It notice of time
and place thereof Is publicly
announced at the hearing or is
given by newspaper publica-
tion riot less than live(5)days
prior recesso acing. a of the
Unda Gornella
Village Clerk
-Published at the direction of
.�the Corporate Authorities and
the Zoning Board of Appeals
of the Village of Oak Brook,
Dupege and Cook Counties,
Illinois.
E
OF Oqk
® t,
FCOUNt�'
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
October 17, 1990
708 990-3000
Dear Resident:
The Oak Brook Zoning Board of Appeals, and the Village Board will be
considering:
Preliminary Plat Final Plat X Variations
Special Use Zoning Amendment
at the meetings as scheduled on the reverse side of this notice.
The application has been filed by: Oak Brook Nursing Home
Relationship of Applicant to Property: Owner
The property in question is situated at: 2013 Midwest Road
Also shown on the reverse side is a map of the area to assist you in determin-
ing your relationship to the property in question. The request which has been
made is as follows:
(1) To reduce the required number of off-street loading berths from 3 to
1;
(2) To reduce the size of the one provided off-street loading berth from
a minimum of 12' wide x 55' in length to 18' x 20' ;
(3) To reduce the northerly required side yard adjacent to off-street
parking spaces from 10' to 5' and to reduce the southerly required
side yard from 10' to 4' ;
(4) To reduce the required easterly rear yard for off-street parking
spaces adjacent to a residential district from 40' to 7';
(5) To permit construction of a ground sign on a lot less than 3 acres
in area.
(6) To permit a parking aisle 19 feet in width instead of the 27-foot
requirement.
If you desire more detailed information, please contact me at the Village Hall
to review the file on this application. I look forward to your attendance at
the public meetings.
Sincerely yours,
Bruce F. Kapff
Assistant to Village Manager
bfk:sps
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 November 6, 1990
Board of Trustees Meeting . . . . . . . . . . . . 7:30 p.m. Tuesday November 27, 1990
MAP OF AREA
p
a
119 R
4rO� 2001 vt t o
t rpm T
w.. R 13 �+ t
`yV trM l
l d
7.+011
r�
O
�� 2111 KAM*^
110 211L
STREET
22nd
2525 2425 2311 - 2361 2205
� 2121 2105 2001 t9 01
2IOd
2110
Nwo
V I LL
AG E O F O A K B RO O K ZONING ORDINANCE FLOOD PLAIN
1200 OAK BROOK ROAD Appeal Q variation
OAK BROOK, IL 60511 $100 $300
990-3000
xQ Variation Q special Use
$300 $675
APPLICATION YOR PUBLIC HEARD
Asendeent
TO 8E FILED I= YILLAGS QWX $650
special U"
$400
ALL APPLICATIONS MUST BE ACCOMPANIED BY PROPER FEE, PLAT OF SURVEY, AND 18 COPIES OF A
SCALE DRAWING, SHOWING ALL PERTINENT APPLICABLE INFORMATION; i.e. , PROPERTY LINES,
EXISTING BUILDINGS, LOCATION OF PROPOSED CONSTRUCTION, ANY BUILDINGS ON ADJACENT
PROPERTY WITHIN 100 FEET OF SUBJECT PROPERTY.
DO NOT MUTE IN MIS SPACE -- FOR OFFICE USE ONLY
Date Filed: 9D Board of Trustees Referral:
Notice Published: /O- 17 -'70 Newspaper: 'P70 i y ax
Date Adjacent Property Owners Notified: staff Referral:
Public Hearing Dates: Plan Commission: y Zoning Boards
Board of Trustees: -Z 7'90 Board of Trustees:
(Approval of Ordinance)
FEE PAID: $ OD Receipt No. -70611 Received By: \
• L 2�a�.cP � h Q�,.
Village Clerk
APPLICANT TO COMPLETE
LOCATION
OF SUBJECT PROPERTY: PERNANENT PARCEL NO.
LOT NO. 1 SUBDIVISION: 8 ADDRESS: 2013 LQW -cT non
ZONING: __ ZONING ORDINANCE SECTION; XI OFF-STREET PARKING
ACTION REQUESTED: (1) TO REDUCE 10'=0" LANDSCAPE SIDE YARD FOR PARKING TO 5'-0".
(2) REAR PARKING TO REMAIN AS NOW EXISTING SEC. XI (E) OFF-STREET PARKING
PAR. (7) (i) PAGE 943 *See Exhibit 'A' Attachment for additional requested action
PROPERTY INTEREST OF APPLICANT: OWNER Q CONTRACT PURCHASER Q AGENT".25.,
OAK BROOK NURSING HOME
OWW(S) OF RECORD AN ILLINOIS PARTNERSHIP pHOI(E NO. 312-583-7271
IN CARE OF MORRIS ESFORMIS
ADDRESS 3322 W. PETERSON AVE. , CHICAGO, 14._. ZIP 60659
BENEFICIARY(IES) OF TRUST OAK BROOK NURSING HOME PHONE NO. 312-583-7271
IN CARE OF MORRIS ESFORMIS
ADDRESS 3322 W. PETERSON AVE. , CHICAGO, IL ZIP 60659
STEVEN E. SUSSHOLZ
NANB OF APPLICANT SHAYMAN AND SALK CO. PHONE NO. 7081564-8333
ADDRESS 630 DUNDEE ROAD SUITE 110 NORTHBROOK, IL ZIP 60062
I (we) certify that all of the above -statements and the statements contained in any
papers or plans submitted herewith are true to the beat of may (our) knowledge and
belief.
a -2J-90
(Signature) Applicant"' Date (Signature) Applicant Diet
,
NOTICE TO APPLICANTS
Filing Schedule - Available on Request
A Variation is a zoning adjustment which permits minor changes of district requirements
where individual properties are both harshly and uniquely burdened by the strict
application of the law. The power to vary is restricted and the degree of Variation is
limited to the minimum change necessary to overcome the inequality inherent in the
property.
1. A Variation recognizes that the same district requirements do not affect all
properties equally; it was invented to permit minor changes to allow hardship properties
to enjoy equal opportunities with properties similarly zoned. You must prove that your
land is affected by special circumstances or unusual conditions. These must result in
uncommon hardship and unequal treatment under the strict application of the Zoning
Ordinance. Where hardship conditions extend to other properties, a Variation cannot be
granted. The remedy for general hardship is a change of the map or the text of the
Zoning Ordinance.
2. You must prove that the combination of the Zoning Ordinance and the uncommon
conditions of your property prevents you from making any reasonable use of your land as
permitted by your present zoning district. Since zoning regulates land and not people,
the following conditions cannot be considered pertinent to the application for a
Variation: (1) proof that a Variation would increase the financial return from the
land, (2) personal hardship, (3) self-imposed hardship. In the last case, the
recognition of conditions created after the enactment of the Zoning Ordinance would
encourage and condone violation of the lw.
3. No Variation may be granted which would adversely affect surrounding property or the
general neighborhood. All Variations must be in harmony with the intent and purposes of
the Zoning Ordinance.
Names of Surrounding Property Owners
Following are the names and addresses of surrounding property owners from the property
in question for a distance of 250 feet in all directions, and the number of feet
occupied by all public roads, streets, alleys, and public ways have been excluded in
computing the 250-foot requirement. Said names are as recorded in the office of the
County Recorder of Deeds (or` the Registrar of Titles of the County) and as appear from
the authentic tax records of this County.
MANE ADDRESS
INLAND REAL ESTATE CORP. 2901 BUTTERFIELD RD., OAKBROOK, IL 60521
EQUITEC PROPERTY CO. (MIDWEST PLAZA CENTER) 7677 OAKPORT ST. , OAKLAND, CA 94614
HARRIS TRUST SAVINGS (MIDWEST PLAZA SOUTH) 111 iq. MONROE ST., CHICAGO, IL 60603
'
CHARLES C. PODLESAK 60181
l_S. 57.6 NIMITZ DR..- OAK BROOK TERR_ , it.
PAUL i SUSAN ZUBINSKI 1 S. 586 NIMITZ DR.., OAK BROOK TERR. ,
60181
OAK BROOK TERRACE COMM. DIST. J. S. 325 ARDHORE AVE., V1LI.A PK, , IL
r
LAKESIDE BANK (CHINA TERRACE) 141 w. JACKSON BLVD., CHICAGO, IL 60604
60521
BROWN i PERTILLO, INC. (BROWN'S CHICKEN) 2311 W. 22ND. ST.,RM.200, OAK BROOK, IL
AMERICAN NATIONAL BANK 33 NORTH LASALLE ST., CHICAGO. IL 60690
OAK BROOK TERRACE PARK DISTRICT 1 S. 325 ARDMORE AVE., VILLA PK., IL0181
60181
FRANK DiTORIO 1 S. 570 NIMITZ DR., OAK BROOK TEM., IL
1
SHAYMAN AND SALK CO. BENJAMIN SLUM S N
ARTHUR PHLLIP ALK
STEVEN SUSSHO L2
A R C H I T E C T S
MICHAEL CRAIG ARENSON
H. KENDALL PETERSON
630 DUNDEE ROAD • NORTHBROOK, ILLINOIS 60062 • 708-564-8333 FAX 708-564-9989
EXHIBIT 'A'
OAR BROOK HEALTHCARE CENTRE
APPLICATION FOR PUBLIC HEARING
ZONING ORDINANCE VARIANCE
3. Allow existing single loading berth to remain in lieu of three (3)
berths - Section XI D2 and D7b.
4. Permit building identification signs on proposed new front light standards
in lieu of existing free-standing sign - Section VIII C5g.
A M E R I C A N I N S T I T U T E OF A R C H I T E C T S • N. C. A. R. B. C E R T I F I C A T E
SHAYMAN AND SALK CO. BENJAMIN AN
ARTHUR PHSLUM ILLIP SALK
A R C H I T E C T S STEVEN SUSSHOLZ
MICHAEL CRAIG ARENSON
H. KENDALL PETERSON
630 DUNDEE ROAD • NORTHBROOK, ILLINOIS 60062 • 708-564-8333 • FAX 708-564-9989
October 11 , 1990
r
Mr. Bruce Kapff
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook , IL 60521
RE: ZONING VARIANCE
OAK BROOK HEALTHCARE CENTRE
2013 MIDWEST RD.
OAK BROOK, IL
PROJECT NO. 8930
Dear Mr. Kapff:
Enclosed please find a revised application for Public Hearing revising
the data relative to the requested zoning variances.
Please substitute this application form for the application previously
submitted.
In addition, we are enclosing eighteen ( 13 ) copies of the revised
proposed Site Plan.
Kindly notify our office as soon as possible as to the time and data of
our Zoning Variance Hearing.
Very truly yours ,
:SHAYMAN AND SALI CO.
Steven E. Sussho z
cc: Mrs. Cynthia Chow
Mr. Laurence lung
SES :kmb 9930ocll . 1
AMERICAN INSTITUTE OF ARCH ITECTS • N. C. A. R. S. C E R T I F I C A T E
peed Letter.
To From Mari&e Lakosil, Assistant to Building
Commissioner
Subject OAK BROOK HEALTHCARE CFNTFR AppTTTnu _ 2013 MTpWFem DnnT
--NO 9A 10 FOLD
The Driveway Entrance detail is treated as a landscaping light Standard. This style of
masonry detail is consistant with past permits and it is used extensively in residential
areas. Itlis located on private property and its' purpose is to illuminate and enhance
the driveway. The Bureau of Inspections can handle this as a Permit item No other
action is necessary.
Date 10/11/90 Signed
--NO`+FOLD
i -
Date Signed
WilsonJones
GRAVLINE FORM 44-902 3-PART
c'983•P9 I NTED I NUSA — - - —" - -
86
SHAYMAN & SALK CO.
ARCHITECTS - ENGINEERS 30214
630 DUNDEE RD.
NORTHBROOK. ILLINOIS 60062
FPAY SEPT. 21 2-414
- 19 0 710VILLAGE OF OAK BROOK $ 300.0DOLLARS
The SHAYMAN & SALK CO.
�` National Security Bank&k. PRES. _ TREAS.
FOR OAK BROOK NURSING CENTRE ZONING APPEAL
11403021411■ 1:0710041451: 00793��1696911'02
CHECKS S CASH RECEIPT DATE NAME DESCRIPTION RECEIVED
NUMBER BY:
T
INVALID
VILLAGE OF OAK BROOK WITHOUT
SIGNATURE
• 1200 OAK BROOK ROAD 70611
OAK BROOK, ILLINOIS
PHONE: (312) 990-3000
AIN THIS RECEIPT Zw''
1 YOUR RECORDS
3 BUSINESS SYSTEMS
Ordinance S- 707
Granting Variations to
Oak Brook Nursing Home
2013 Midwest Road
Page 2
Section 2: That the variations are hereby granted from the above
provisions of the Zoning Ordinance of the Village of Oak Brook as set forth
in the preamble on the condition that the above variations shall last only so
long as the property is used according to its present use as a nursing home;
Section 3: That the variations are hereby granted subject to
substantial conformity with the Site Plan, prepared by�"Shayman & Salk Co. ,
dated October 11, 1990, a copy of which is attached hereto labelled "Exhibit
A" and hereby made a part hereof.
Section 4: That the variations herein granted pursuant to this
Ordinance are limited to the property hereinabove described located at 2013
Midwest Road, which property is legally described as:
The southerly 300 feet of Lot 1 in Butler Mohlman Subdivision, being a
subdivision of part of the East half of the Southwest Quarter of Section
22, Township 39 North, Range 11, East of the Third Principal Meridian,
according to the plat thereof recorded May 28, 1969, as Document
R69-23271, in DuPage County, IL. Permanent Parcel No. 06-22-303-035.
Section 5: That this Ordinance shall be in full force and effect from
and after its passage and approval pursuant to law.
PASSED THIS 11th day of December , 1990.
Ayes: Trustees Bartecki, Bushy, Maher, Payovich, Rush and Winters
Nays: None
Absent: President Cerne
Abstain: None
APPROVED THIS 11th day of December 199
/��
Village resident
ATTEST:
Vf1lag6 Clerk
ed a orm:
7Vi lage At o ney
Published 12-12-90 Pamphlet form
Date Paper
Not Published