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R-513 - 10/23/1990 - ASSESSMENT PLAT - Resolutions 5�4Dr Vi seeaS � 513 40 �ipprcp �E,,, io-23.. RESOLUTION NO. R- 513 A BBSOLUnCK APPROV 16 TI MM TRAIL4 PLAT YI OF BE IT RESOLVED BY THE PRESENT AND BOARD OF TRUSTEES OF THE LLAGE OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS: ii Section 1: That the assessment plat consisting of one sheet and entitled "Timber T� rails Assessment Plat" prepared by Intech Consultants, Inc., dated as last revised October 3, 1990H be and is hereby approved. PASSED AND APPROVED THIS 23rd day of October, 1990 by the President and Board of Trustees of the Village of Oak. Brook, DuPage and Cook Counties, Illinois, according to a roll call vote as follows: Trustees Bartecki, Bushy, Maher, Payovich, Rush, Winters Ayes: and President Cerne Nays: None Absent: None Abstain: None eew�.,Ejg- Village President j; ATTEST: r f 11age Clerk t a:krkwsk ! * • pG�OF OAAr 9 O � G O 9C�Coul �v V1 LLAG E OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 October 25, 1990 708 990-3000 Mr. Richard M. Kurkowski 183 Timber Trail Drive Oak Brook, IL 60521 Re: Kurkowski Assessment Plat Dear Mr. Kurkowski: The Village Board, at its regular meeting of October 23, 1990, approved Resolution R-513, a copy of which is enclosed for your files. At your earliest convenience, please have the Sanitary District Certificate on the Plat signed and returned to me for recording. Sincerely, Bruce F. Kapff Assistant to Village Manager BFK:sps:a:krkwsk cc: Stephen Berley, Village Manager Dale L. Durfey, Jr. , Village Engineer Robert Nielsen, Building Commissioner k-'-- �I a��J X00}aa OF 0 �COUNt� VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 September 10, 1990 708 990_ i000 Mr. Terrence P. saloon LILLIG & THORSNESS, LTD. Suite 200 1900 Spring Road Oak Brook, IL 60521 Re: Kurkowski Assessment Plat and Variation Request Dear Mr. Falcon: As we discussed on September 7, Mr. Kurkowski, by letter of September 5, has chosen to withdraw his variation request. As such, this subject is no longer before the Village for consideration and as indicated in Mr. Kurkowski's letter, the construction is proceeding based on the original building permit which requires no zoning variations. Also enclosed is a copy of the Kurkowski Assessment Plat which has been submitted at the Village's request and tentatively will be reviewed by the Village Board at the September 25 meeting. This plat is meant to formalize the existing property line between Messrs. Kurkowski and Naguib, formalizing the transfer of three feet from Dr. Naguib's lot, No. 84, to Mr. Kurkowski's lot, No. 83, which transferred in 1947. Should you have any questions concerning the above, please feel free to call. Sincerely, Bruce F. Kapff Assistant to Village Manager BFK:sps cc: Dr. Gamal Naguib, 205 Timber Trail Dr. , O.B. Stephen Berley, Village Manager Dale L. Durfey, Jr. , Village Engineer Robert Nielsen, Building Commissioner—' 0 RICHARD M. KURKOWSM 183 Timber Trio Drive Oak Brook, IL 60521 September 51 1990 `�'�ui:,� SEP 0 6 1994 Mr. Wence Cerne VILLAGE Of OAK BROOK, IL. Village of Oak Brook ADMIN13TRATIC14 1200 Oak Brook Road Oak Brook, IL 60521-2255 Dear Mr. Cerne: As you know, the Village Beard reviewed by variation request dated June 15, 1990 at a meeting on August 28, 1990. While a motion to deny my request fors variation was pending, an amendment was proposed by the Trustees. However, the proposed amendment failed. 'a notion to deny the variation was then put to vote, and Lhsr_ �_.�._cr. also failed. The requested variation. was then tabled to the next Board meeting. Please be advised that Tt�a .s:f_�Li?y withdraw my variation request, regardless of Conetr�iction will continue in compliance with the bai.ld' P-aratit issued by the Village, based on the original plans the ;. • ' 14ga approved. If you have any questiora, feel free to call me at my office ( 312) 822-0088 . I ., y� _ -n Chicago through the middle of the day on Monday, SePN�X-c-,! 10. Thereafter, I will be on a business trip for the bal ;r,: that week. Sincerely, r / Richard M. Kurkowski i ! - *• ED n •• ,,� i�' smIVrsm�t p►aga�,. OAK MOOK , 654-2220 1200 Oak Brook Rcdo TO Be Filed With Village Clerk Oak Brook, Winoii i . SUB MSICN TI=.- Tin er Trails a Fps 4<.199U GMWM LQ=7cN CSR ADLamss OF Fjo;!� a, smDjv=mj 183 Timer Trail Drive, Oak Lt x IL 60521 fW E OF APPLICANT: Richard M. Pfd Nq. (708) 530-584 ADDRESS.. 183 Titer Trail brie 4`T hb- CITY 0Wk Brook STATE IL y 69221 Up Cak IZELACJ=SW OF APP "v CAtVa< 'TC) a� Owner CkNM OF Rte: Richard M. Kurk-_v ' Pu= mo. (708) 530-5849 AWRESSt 183 Tima*r Trail Drjve CtTy —Oak Brook 90= IL 60521 ZpG MWICum(ms) OF TIWsr. NME: 1htm NO. ADDRESS: CM S C, 3�WCA O Catl� OMERS AFFMA'VST FOR s=jV ,.:,.j--t1S ( ' hfi ra This plat cxntains the entire +L51 :':.� _i�y>S tai6eveloped lend area In which X have arrf inteivstr. ILMENTM 9nj1C UWS AND OrHER }�s s � :: I.tj ` E pFCpE s Sbnle family Dame a.�.+�....Sri...._.... �......_+..n-...r. _ __ F100d PlAira-. Sq. Ft, =_;.t _ 7-1ood Plain (h.dinar�e and axe graphically depicted on attacQ p ar-. SUM BY r AND USE CATEMM N4. OF Lt7r5 1 00. OF ACnES NO. OE' S0. FT. 29,870 iJG 1_. -46 l- -jc� FbIlMl ng ate the r>m*s &nd st'v�ti�.d I, :tee xjjjngx' -`tY cars from the pre� Y in �t for clistanc of a xilvit. y j,'O feet in a.l dijVctia�, &nd the rnu,�,ic of fea;t Ocm;pied by all public ,, j i i i t; b�leyfi o and public ways have been a l,s ai i ri cu-i- t i nq the 250 foot r .irw;LanL' !a;_.Q P-Mat &re as rocordtd in the office of the t; t srr of Dzeds for the � e r of Titles Of tt-ia: County) and as amx= fna e au el�t c t" records of t;Uiis , 1 A Qmv1 NaTAb 205 T=ber Trail Drive bent Kieft 1/11 Thy Trail Drive Peter Jensen 204 Win C)zxks Drive Martin ateenterg 41.6 Marry Deane Tys rettso X20 narx Lam Robert Knowles 215 Ti►ioer frail Drive Donnie` 155 ME it4� 'tral I Drive Ronald Desideri. q7� terry Ilana3 Jack: R -ts-Lynch 166 Tiptx?r Trail Drive '--for to Oak Proo _ ''Code: �.z>p,-, 4- � =a6�:�)n Katimq . appidal�rans .° t he a� }si feie tarot ( 8) WPies of than proposed Sub- 1ASion, and grast be r awed - -SLh of the month for Phan oamri.sai,a,n review a the t.hixd Pbnday of the G-289 Prel.DALnaxy ]plat: ��W_ � $20.00 per 3iort or $25.00 mirinm /24/8I Final plat _..._.�. M0 at?E2 J (Plus Plan Rt.ew & DWpeati m Feat, 0-259 if required)� 12/11/79 Assesment Plat NO d=98 NAM#, I10) BY: - DAM i e —�---- ex s 4 as w .a r .. r ... w a AptICAM Suiw rm' 'n-ma-Sam AT Hmmm All reet.ings are held in the Sam> l IS. :--ISLr Board Ibm of the Oak B=ok Village G�i[mmis, 1200 Cad;. Board Pop-di�J� I��,,`O.a.kwB�tmok,,y Y#�1+�� '} '11� ti AJCiiI3 Qi, .IL.L Ua IrS� li,'�,g;+. _� _ ..,.x r.::.,. a•.a&.s r 130 P.i7i, Plan Omrdssicn Neetitlgr .. 7:30 P.M., Morday _ /l1 x poard cf Truster ! t3.n - �--- ....._ g. ,.. ., . . r , . ...... 7x30 P.M., Tuesday PRIOR �M XS Cot'r2m-v VILLA= tJCrx ANr,1CrjUV Tn4C I ",'2: wtrff )W $ .SS1� 'ju= :Ck`IS m CCN=ICNS. Page 2 GE OF O4k 9 • v"p 9�0 { �}� 111 ti ZVI`VV 00 t-4, VILLAGE O F OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 October 4, 1990 708 990-3000 MEMO TO: Bruce F. Kapff, Assistant to Village Manager FROM: Dale L. Durfey, Jr., P.E., Village Engineer SUBJECT: Timber Trails Assessment Plat of Lot 83 Kurkowski I have reviewed the above stated Assessment Plat which I received on September 7, 1990 and offer the following comments: 1) Several minor drafting revisions need to be made to the Plat. I discussed the drafting issues with the applicant's surveyor, Tom Fahrenbach, on September 24, 1990 and am awaiting a revised Plat. Respec,t.fqlly submitted, t��r Dale L. Durfey, Jr., P.E. Village Engineer DLD/jr OF O4kA • 4� p�PCpuNT'4'`� VILLAGE O F OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 September 10, 1990 708 990. 3000 Mr. Terrence P. racoon LILLIG & THORSNESS, LTD. Suite 200 1900 Spring Road Oak Brook, IL 60521 Re: Kurkowski Assessment Plat and Variation Request Dear Mr. Faloon: As we discussed on September 7, Mr. Kurkowski, by letter of September 5, has chosen to withdraw his variation request. As such, this subject is no longer before the Village for consideration and as indicated in Mr. Kurkowski's letter, the construction is proceeding based on the original building permit which requires no zoning variations. Also enclosed is a copy of the Kurkowski Assessment Plat which has been submitted at the Village's request and tentatively will be reviewed by the Village Board at the September 25 meeting. This plat is meant to formalize the existing property line between Messrs. Kurkowski and Naguib, formalizing the transfer of three feet from Dr. Naguib's lot, No. 84, to Mr. Kurkowski's lot, No. 83, which transferred in 1947. Should you have any questions concerning the above, please feel free to call. Sincerely, Bruce F. Kapff Assistant to Village Manager BFK:sps cc: Dr. Gamal Naguib, 205 Timber Trail Dr. , O.B. Stephen Berley, Village Manager Dale L. Durfey, Jr. , Village Engineer Robert Nielsen, Building Commissioner VILLAGE OF OAK BROOK Minutes -5- September 11, 1990 f To support the DuPage Forest Preserve proposed Fullersburg Dam Project with a contribution of $10,000.00 from the Village of Oak Brook for engineering costs. ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Maher, Payovich, Rush, Winters and President Cerne. Nays: None Absent: None So ordered. OZoning & Planning: Trustee Winters - Acknowledged the Kurkowski Side Yard Variation application has been withdrawn and construction is continuing based on the original building permit which requires no zoning variation. VI. NEW BUSINESS: A. Recommendation - Mizen's Subdivision - Final Plat: Application has been made for a 5-lot subdivision. ! The Plan Commission, at its meeting of August 20, 1990, recommended C approval of the final plat with a waiver of any requirement to provide final engineering plans subject to the conditions as stated in letter of August 31, 1990 from Acting Chairman Doyle. Trustee Winters moved, seconded by Trustee Bushy... To direct the Village Attorney to prepare the necessary documentation subject to the conditions as stated by the Plan Commission for approval at the next Regular Meeting of September 25, 1990. VOICE VOTE: All present, in favor. So ordered. B. Park District Community Center Application - Request for Waiver of Permit Fee: Application has been made for various hearings related to the proposed !! community center development on the 10-acre parcel located east of Route 83 and south of Kensington Road. Specific applications to be heard by the Village include the following: 1) Flood Plain Special Use r Permit; 2) Rezoning from R-4 to CR; and 3) Text Amendment and Special Use Regarding the Community Center. The particular fees normally charged for the above applications would F be $675, Special Use in Flood Plain; $650, Rezoning; $650, Text ` Amendment; $400, Zoning Special Use Permit. As provided by Section s 2-226 of the Village Code, the Park District, as a governmental unit, C has requested that the fees be waived. t Trustee Winters moved, seconded by Trustee Bartecki... To waive all permit fees for the Park District Community Center application. VOICE VOTE: All present, in favor. So ordered. 4 C. Consideration of Proposed Amendments to the Village's Salary Administration Plan and Its Salary Ranges and Classifications: D. Consideration of Service Award Adjustments for Village Employees: Trustee Rush moved, seconded by Trustee Bushy... To adopt the s6ggested amendments to the 1990 Salary administration Plan, its salary ranges and classifications; to amend the Employee Service Award Program and finally to prepare the necessary ordinances to effectuate same. VOICE VOTE: All present, -n favor. So ordered. VILLAGE OF OAK 3ROOK Minutes -5- September 11, 1990 O�OF 04,V O � m 4 e . �COUN0'` VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 September 6, 1990 312990-3000 Dr. Gamal S. Naguib 205 Timber Trails Drive Oak Brook, IL 60521 Re: Kurkowski - Side Yard Variation Request Dear Dr. Naguib: The Village has received a September 5 letter from Mr. Kurkowski indicating that he has withdrawn his variation request, and as such, will continue construction of the addition based on the original building permit which required no variations. Although this item was tabled to the Village's September 11 Board meeting, this will no longer be discussed by the Village since the application has been withdrawn. Should you require anything further in this regard, please feel free to call. Sincerely, )5ve:e_-� Bruce F. Kapff Assistant to Village Manager BFK:sps a:krkwsk cc: Stephen Berley, Village Manager Robert Nielsen, Building Commissioner John H. Brechin, Village Attorney U CF Og0 VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990- 3000 September 6, 1990 MEMO TO: Village President and Board of Trustees SUBJECT: Status Report Kurkowski - Side Yard Variation 183 Timber Trail Drive As indicated in the attached September 5, 1990 letter, Mr. Kurkowski has chosen to withdraw his variation request. As such, construction is continuing based on the original building permit issued by the Village which requires no zoning variations. Respectfully submitted, Stephen Berley Village Manager Bruce F. Kapff Assistant to Village Manager BFK:sps a:krkwsk Attachment cc: Mr. Richard Kurkowski' 183 Timber Trail Oak Brook, IL 60521 Dr. Gamal S. Naguib-' 205 Timber Trails Drive Oak Brook, IL 60521 i w . 1 � • RICHE RD M. KURYCOWSKI 183 Timber Trait Drive Oak Brook„ IL 60522 September Vii, 1990 s E P 0 6 1990 VILLAGE OF OAK BROOK: IL. Mr. Wence Cerne AD M I N I STRA'1` Q N village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 50521-2255 Dear Mr. Cerne: As you know, the village Board re-viewed by variation request dated June 15, 1990 at a meeting on August 28, 1990. While a motion to deny my request for a variation was pending, an amendment was proposed by of the Trustees. However, the proposed amendment failed. 1".4 i".10tion to deny the variation was then put to vote, and that also failed. The requested variation was then tabled to the next Board meeting. Please be advised that I ;Y, . _ft;ily withdraw my variation request, regardless of sr z- 5_=:->r:: Cons truc.ion will continue in compliance with the buildi�'� `�srrUt issued by the Village, based on the original plane *he approved. If you have any questions, = feel free to call me at my office ( 312) 822-0088. I :,_ _ x . m Chicago through the middle of the day on Monday, Seer C-- 10 . Thereafter, I will be on a business trip for the bal a: zf that week. Sincerely, Richard M. Kurkowski VILLAGE OF OAK. BROOK Minutes -2- August 28, 1990 Revenue Expenses- Fund-Balance Corporate Fund $645,666.08 $730,612.54 $5,312,204.18 Motor Fuel Tax Fund 19,723.90 3,495.79 291,605.58 Reserve for Capital Purchases 2,373.08 6,911.67 294,419.39 Debt Service Fund 38,416.99 -0- 363,597.44 Sports Core Fund 317,665.25 284,208.85 180,308.50 Water Fund 270,828.78 245,448.36 5,305,800.35 Fire Pension Fund 47,956.41 7,942.56 7,522,616.00 Police Pension Fund 39,548.56 9,745.98 7,011,111.29 VOICE VOTE: All present, in favor. So ordered. VI. OLD BUSINESS: A. Award of Contract - Professional Engineering Services for 9CS Rehabilitation Project - 16th Street and Spring Road - Crawford, Murphy_ & Tilly, Inc.: Direction given at the Regular Meeting of April 24, 1990. Trustee Rush moved, seconded by Trustee Bartecki... To award a contract to provide professional engineering services regarding the pavement rehabilitation of 16th Street/Spring Road to Crawford, Murphy & Tilly, Inc. in a not to exceed amount of $41,000 for design services and a not to exceed amount of $46,000 for construction services (construction in 1991). ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Maher, Rush and Winters. Nays: None Absent: Trustee Payovich and President Cerne. So ordered. B. Bid Recommendation - 1990 Drainage Project_No. 90-1302 (408 Luthin Road Timber Trail Drive/Green Leaf Drive 5 Woodland Drive 10 3addlebrook/35th Street, Hunt Club Lane ditch/sewer): Authorization given at the Regular Meeting of July 24, 1990. Twelve (12) contractors took out plans and specifications and four (4) bids were received on Monday, August 20, 1990 at 11:00 a.m. Trustee Rush moved, seconded by Trustee Bartecki.. To award a contract to Dominic Fiordirosa Construction Company, the lowest responsible bidder, for drainage improvements at the subject locations in the amount of $61,625.00. ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Maher, Rush and Winters. Nays: None Absent: Trustee Payovich and President Cerne. So ordered. Trustee Payovich arrived at this point of the meeting. VII. NEW BUSINESS: ORecommendation - Kurkowski - Side Yard Variation (183 Timber Trail Drive): Application has been made for a Side Yard Variation for construction of a two (21) foot overhang (encroaching approximately 2' into the 12' required side yard) on the proposed addition of a single-family residence. The Zoning Board of Appeals, at its meeting of August 7, 1990, recommended approval of the Side Yard Variation subject to the conditions as stated in letter of August 20, 1990 from Chairman Savino. Trustee Winters moved, seconded by Trustee Bartecki... VILLAGE OF OAK BROOK 'dinutes -2- August 28, 1990 VILLAGE OF OAK BROOK MINUTES OF THE REGULAR MEETING AUGUST 28, 1990 I. MEETING CALL: The Regular Meeting of the Board of Trustees was called to order by Village Clerk Gonnella in the Samuel E. Dean Board Room of the Village Commons at 7:30 p.m. II. APPOINTMENT OF _'TEMPORARY CHAIRPERSON: Trustee Maher moved, seconded by Trustee Bartecki... To appoint Trus.ae Karen M. Bushy as TCI&porary Chairperson due to the absence of President Cerne. VOICE VOTE: All present, in favor. So ordered. PLEDGE TO THE F'..AG ROLL CALL: PRESENT: Trustees Garry J. Bartecki Karen M. Bushy Ronald P. Maher Barbara A. Payovich (arrived 7:40 p.m.) Joseph H. Rush H. Richard Winters A3-�3NT: President Wence F. Cerne III. APPROVAL OF MI.S-JTES: Trustee Maher moved, seconded by Trustee Rush... That the Minu-es of the Regular Meeting of August 14, 1990 be approved as presented and ;aive the full reading thereof. VOICE VOTE: All present, in favor. So ordered. IV. ORDINANCES AND -RESOLUTIONS: No business. V. FINANCIAL• A. Payout - Wealing Well Works - Payout #4 & Final - Sports Core Well: Trustee Maher moved, seconded by Trustee Rush... To author'=e payment of Payout 14 & Final to Wehling Well Works, Inc. for insta_=ation of a well, pump and spill way in the total amount of $32,506.OG =subject to approval of waivers by Village Attorney. ROLL CALL VOTE: Aye=: Trustees Bartecki, Bushy, Maher, Rush and «riaters. Nays: None Absec_: Trustee Payovich and President Cerra. So ordered. B. Treasurer's Report: Trustee Bartecki move_, seconded by Trustee Maher... To approve .ne Treasurer's Report for the Month of July, 1990 as presented. VILLAGE OF OAK BRO:;?: !inutes -1- Aug at 28, 1990 r VILLAGE OF OAK BROOK Minutes -3- • August 28, 1990 To direct the Village Attorney to prepare the necessary documentation to provide for a Side Yard Variation to allow for the variation requested provided that the addition not encroach more than 18" into the required side yard subject to the following conditions: 1. That an Assessment Plat formalizing the boundaries between this property and that directly west be submitted and approved by the Village. 2. That the Village Engineer review and approve both the drainage and stormwater plans for the addition including a drainage pipe. 3. That an existing concrete curb be removed. VOICE VOTE: Two ayes; Four nays.s. Motion Failed. .Lr Trustee Maher moved, seconded by Trustee Winters... To amend the original motion and deny the request as presented and only permit the overhang over the original building. ROLL CALL VOTE: Ayes: Trustees Bartecki, Maher and Winters. Nays: Trustees Bushy, Payovich and Rush. Absent: President Cerne. Motion Failed. Trustee Rush moved, seconded by Trustee Payovich... To deny the requested Side Yard Variation. ROLL CALL VOTE: Ayes: Trustees Bushy, Payovich and Rush. Nays: Trustees Bartecki, Maher and Winters. Absent: President Cerne. Motion Failed. Trustee Maher moved, seconded by Trustee Rush... To table this matter to the next Regular Meeting of September 11, 1990. VOICE VOTE: All present, in favor. So ordered. B. Recommendation - Wendland - Special Use Re: Clinic (724 Enterprise Drive): Trustee Winters moved, seconded by Trustee Maher... To concur with the applicant's request and table this matter. VOICE VOTE: All present, in favor. So ordered. C. Water Service Request - Anvan IV Contract II Phase IIA: This parcel was previously granted a water service agreement by the Village Board at its meeting of June 24, 1986. That agreement was for the same use as is now contemplated, a ten (10) story office building. That agreement was amended and restated and approved by the Village Board at its meeting of April 28, 1987. That amended and restated agreement changed the use to be a fifteen (15) story hotel. This Second Amended Agreement changes the use back to the original ten (10) story office building. Trustee Rush moved, seconded by Trustee Bartecki... That the President and Board of Trustees approve the Second Amended Agreement for Water Service to Anvan Construction Corporation, 1815 South Meyers Road, Oakbrook Terrace. VOICE VOTE: All present, in favor. So ordered. VILLAGE OF OAK BROOK Minutes -3- August 28, 1990 • VILLAGE OF OAK BROOK Minutes -4- August 28, 1990 D. Request for Taxi Licenses: Peoples Cao Company, Inc., has submitted an application for licensing three (3: taxi cabs for operation within the Village of Oak Brook. This wou_i require Board action to authorize three 3) additional licenses. This would bring the total Number of licenses to 43. Trustee Winters moved, seconded by Trustee Maher... To authorize the issuance of three (3) taxi licenses to Peoples Cab Company, inc. subject to mechanical inspection and approval of vehicles by the ?olice Department. VOICE VOTE: All present, in favor. So ordered. E. Request for Supplies - Restoration of Golf Course due to Salt Creek Flooding: Due to the flood of August 19, 1990, supplies are zaeded for restoration of the front nine of the Oak Brook Municipal Golf Course. Trustee Maher moved, seconded by Trustee Bartecki... To authorize staff to purchase from the lowest responsible bidders: 1 case of subdue and 4 gallons of round-up from Turf' Specialties, Inc., in the amount of $1,035; 7 tons of fertilizer and 3,900 lbs. of Northrup King Overseeder II from Arthur Clesen in the amount of $9,203; 400 lbs. of Touchdown seed from Bojo Turf Supplies in the amount of $1,060; seeder rental from Midwest Tractor in the amount of $704; 1 load of sand from Old Dutch Sand Co, in the amours: of $225. Total restoration expenses are $12,227. ROLL CALL VOTE: ayes: Trustees Bartecki, Bushy, Maher, Payovich, Rush and Winters. Says: None Absent: President Cerne. So ordered. F. Open Fora m• Mr. Dudek, Yorkshire Woods, requested the location of sand being used on the Municipal Golf Course. Mr. McAdams, Sports Core Manager, stated all the sand would be used to replace washed away sand in existing sand traps on the golf course. John Czerwiec, Oak Brook Civic Association, made statements to the Board regarding the zoning variations presented zo the Board. VIII. ADJOURNMENT: Trustee Maher moved, seconded by Trustee Rush... To adjourn this meeting. TIME: 9:28 p.m. VOICE VOTE: All present, in favor. So ordered. ATTEST: Linda K. Gonnella Village Clerk Approved _----,._---- . VILLAGE OF OAK 3F:,K Minutes --- August 28, 1990 I RICUM M. KURKOWSKI 83 Timber Trail Drive Oak Brook, IL 6OS21 August 23, 1990 D A MM Al 2 Mr. Wence F. Cerne Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60521-2255 RE: Variation Request for 183 Timber Trail Drive Dear Mr. Cerne: As I discussed with Bruce Kapff on the phone, I have reviewed the August 22, 1990 letter to the members of the Village Board of Trustees that was sent on behalf of my neighbors, the Naguibs. The facts in this matter I Lave been covered at great length in my previous letter and at the meeting of the Zoning Board of Appeals , There are two issues that need to be clarified relative to the August 22, 1990 le ter. On page three, the above eferenced letter states that "It appears that the ZBA disc etion in this matter was severely curtailed by the fact tha the roof construction, subject to this variation request, was su atantially complete at the time the ZBA voted on the variation" . This is factually inaccurate. In fact, on the day after the meeting of the ZBA, Mr. Roth (my attorney) and Mr. Caliendo (the general contractor) went to the Building Department and asked if i would be reasonable for us to proceed with the construction of oof joists to form the basic structure of the roof with a two fo t overhang. We were told that this would not be a problem. f the variance recommended by the ZBA is not approved by the Vi lage Trustees, then these joists could easily be cut back at my xpense. As stated in my previous letter, absolutely no par of the construction violated the 12 foot side yard requiremen prior to several days after the ZBA meeting when the roof joi is were constructed. Exhibit A to the August 2 letter from the Naguib' s attorney concerns me. The Buildin Department, as a courtesy, asks for input from the Timber Tra is Property Owners ' Association prior to issuing the building permit. There is a letter in the Building Department' s file dated June 6 from Mr. Robert White who handles these matters for the TTPOA indicating that the plans have been reviewed by the TTPOA and that the TTPOA had no objections thereto. In f ct, in conversations with Lee Weintraub, my architect, ir. White indicated that his view, as well as the views of other members of the TTPOA who reviewed the plan, were very positive and that my proposed addition would �"/�' f �' rJt R c . 08/24/90 14:36 N0. 135 P002i002 represent a valuable addi ion to the neighborhood. I would appreciate -it if you woul include this ,Tune 6 letter in the file for review by the Trustee . It would appear that Ms. Overholt, the President of the TTPO has received a one-sided view of the situation from the Naguib . Last night I discussed a variation request with neighbors in the area. I was surprised to learn that Mrs. Naguib is circulating a petition asking neighbors to oppose the variation request. I am concerned that the information provided by the Naguibs to the signatories of a petition referenced in the Oak Brook edition of Thew newspaper may have been inaccurate as the statements made by the Naguibs conce ping this matter have continually contained inaccuracies. ;. The roof over the second loor addition to my existing home will be approximately the same size and shape as the old roof and as such should not represent a difference in terms of water run- off. The roof over the new addition to the front of the house is not alongside the Naguib' s home, but rather is alongside their front yard and should not represent a run-off problem any different than that which currently exists relative to run-off from my driveway. t It is apparent that the tactics being used by the Naguib's have Fthe potential to cause the Village Trustees to make a decision based on a petition that may be submitted, but which would have solicited support based on misleading, exaggerated and inaccurate statements. I respectfully request that the Trustees make their decision based on facts. E i Please feel free to call If there is any additional information that you need. Sincerely, Richard M. Kurkowski RMK/tk • pG�r,F oAkeq 4 �1 c4P CouNty •• VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 August 23, 1990 10 990- ;000 MEMO TO: Village President and Board of Trustees SUBJECT: Kurkowski - Side Yard Variation 183 Timber Trail Drive This property is located in the R-3 Zoning District which requires a 12' side yard as measured to the closest point of the structure including the overhang. The current construction, which received a building permit earlier this summer, is for construction of a 2-level addition extending to the north of the existing house and for a second-level addition to the existing structure. The building permit was able to be issued since plans called for construction of a conforming addition meeting the 12' side yard requirement. Construction plans do not call for an overhang, and as such, the Building Department was able to issue a permit. There is no Village requirement that an overhang be constructed on this type of structure. The current application is for a 2' overhang for both the proposed addition to the north as well as the new second floor on the existing house in order to match the overhang on the rest of the house. The Zoning Board of Appeals at its August 7 hearing, on a vote of 4 to 1, recommended approval of the variation subject to the following conditions: 1. That an Assessment Plat formalizing the boundaries between this property and that directly west be submitted and approved by the Village (the applicant was previously advised of this requirement and I believe is in the process of doing so) . 2. That the Village Engineer review and approve both the drainage and stormwater plans for the addition (this w'a/s done prior to the original building permit and is satisfactory) . 04 C��GC�wr 3. That an existing concrete curb be removed. The Zoning Board's positive recommendation is consistent with past Village approval of variations which do not create a greater encroachment. 3/ • 0 Kurkowski - 2 - August 23, 1990 Following the Zoning Board's August 7 meeting, the following correspondence has been received from both the applicant as well as Dr. Naguib, the property owner directly west of the construction: 1. August 7 letter from Dr. Naguib. 2. August 20 letter from Mr. Kurkowski. 3. August 22 letter from Terrence Falcon, attorney for Dr. Naguib. Respectfully submitted, Stephen Berley Village Manager Bruce F_ Kapff Assistant to Village Manager BFK:sps cc: Mr. Richard Kurkowski 183 Timber Trail Oak Brook, IL 60521 Dr. Gamal S. Naguib 205 Timber Trail Drive Oak Brook, IL 60521 3ig TIMBER 'TRAILS PROPERTY OWNERS ASSOCIATIOP OAK BROOK, ILLINOIS 80521 I I CJ �9 • • I LILLIG & THORSNESS, LTD. SUITE 200 1900 SPRING ROAD OAK BROOK,ILLINOIS 60521-1495 MARTIN J. LILLIG TELEPHONE WILLIAM W.THORSNESS (708) 571-1900 RUSSELL R.CUSTER,JR. GREGORY F. SMITH FAX RICHARD J.NOGAL _ (708) 571-1042 PATRICIA A.O'CONNOR TERRENCE P. FALCON `, August 22, 1990 H.SUSAN JONES Board of Trustees < < r' Al IC ) 1990 Village of Oak Brook y ' 1200 Oak Brook Road --- Oak Brook, IL 60521-2255 Re: Kurkowski Variation Request for 183 Timber Trail Drive Dear Members of the Village Board of Trustees: I am writing on behalf of Dr. Gamal S. Naguib, who lives at 205 Timber Trail Drive, Oak Brook. This property is adjacent to Mr. Kurkowski's property. I am writing to request an opportunity to comment on Mr. Kurkowski's pending variation application at the August 28, 1990 meeting of the Village Trustees. I am also writing to urge the Board of Trustees to deny the variance application for the reasons cited below. As you know, on August 7, 1990, the Oak Brook Zoning Board of Appeals (ZBA) voted to recommend approval of the variation. Dr. Naguib attended the ZBA hearing, but was not familiar with the Oak Brook Zoning Ordinance or the ZBA proceedings and was not prepared to adequately present his concerns. Accordingly, the ZBA hearing consisted primarily of testimony supporting the variation request. It is apparent that the ZBA failed to apply the relevant criteria to the variation request. Section XIII (G) (4) of the Oak Brook Zoning Ordinance states that the ZBA "shall not recommend a variation . . . unless it shall have made finding of fact . . . on the following specific issues" : 1. THAT THE PROPERTY CAN NOT YIELD A REASONABLE RETURN UNLESS THE VARIANCE IS GRANTED. It is clear that Mr. Kurkowski's present use, that of a single family residence, is yielding a reasonable return. No financial hardship to Mr. Kurkowski will result from the denial of the variation. a�0 LILLI0 & THORSNESS, LTD. Board of Trustees August 22, 1990 Village of Oak Brook Page Two 2. THAT THE PLIGHT OF THE OWNER IS DUE TO UNIQUE CIRCUMSTANCES. There is nothing unique about Mr. Kurkowski's property or the circumstances surrounding his variation request. The Timber Trails subdivision has many similar lots, none of which could legitimately claim the existence of unique circumstances which would justify a variation from the setback requirements. If this variation is passed, countless other property owners could claim "unique circumstances" and refer to the present matter as precedence. 3. THE VARIATION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE LOCALITY. The spacious character of the neighborhood would unquestionably be threatened if such a variation were allowed. The existing structure already does not comply with Village setback requirements; the present petition would only increase the degree of nonconformity. Such a variation from Village Standards would clearly alter the character of the neighborhood. Dr. Naguib's concern is shared by the Timber Trails Property Owner's Association as evidenced by their August 16, 1990 correspondence to the Village Trustees which is attached as Exhibit "A". 4. The ZBA may also consider whether the denial of the variance will create a particular hardship for the applicant, and may, in its discretion, consider the following factors: A. Whether the physical surroundings of the property would create a particular hardship on the property owner if the setback requirements were followed. Mr. Kurkowski had various options available regarding the placement of the home addition. No topographic impediments prevented Mr. Kurkowski from constructing the structure so as to comply with the appropriate setbacks. B. Whether the applicant's basis for a variation would be applicable to other property within the same zoning classification. The applicant has not demonstrated any legitimate justification for the variation; therefore, if this petition were approved, other property owners could apply for a variation with the expectation that no uniform standards apply. o�, LILLIG & THORSINESS, LTD. Board of Trustees August 22, 1990 Village of Oak Brook Page Three C & D. The granting of the variation will not be detrimental to the public welfare or other neighborhood property, and will not impair an adequate supply of light and air to adjacent property, . . . or substantially diminish property values within the neighborhood. This is perhaps the area in which the ZBA committed its grossest oversight. To conclude that the requested variance would not be injurious to Dr. Naguib's property is to completely disregard the factual setting of this petition. The contemplated variance would reduce Mr. Naguib's property value directly by rendering his parcel less attractive; the reduction in open space, sunlight and air would have very real financial, aesthetic and lifestyle consequences. In fact, if the roof overhang were allowed to be completed, the result would be an "alley" between the two homes, an alley which would be unattractive and stifle the passage of air and sunlight. E. That the purpose of the variation is not based exclusively upon a desire to make more money out of the property. The purpose of the variation is unarguably to add living space and thus increase the resale value of the property. F. The alleged hardship is not self-created. The alleged hardship was created by the petitioner's placement of the addition on the property line. The applicant's spacious lot allowed for several alternate design plans which would not have required a variance. A review of the criteria for issuing a variance illustrates that Mr. Kurkowski's application is deficient in every regard. Only the most specious arguments have been advanced to support Mr. Kurkowski's claim of undue hardship, unique circumstances and that the variation will not alter the character of the neighborhood. Mr. Kurkowski simply has not demonstrated and cannot demonstrate that his circumstances merit granting of a variation, and the disregard for the zoning ordinance standards. A final word must be added regarding the unusual chronology of the present matter. It seems contrary to normal village practice that a building permit would be issued prior to a resolution of the roof design issue. It appears that the ZBA discretion in this matter was severely curtailed by the fact that the roof construction, the subject of this variation request, was aG � LILLI0 & THORSNESS, LTD. Board of Trustees August 22, 1990 Village of Oak Brook Page Four substantially complete at the time the ZBA voted on the variation. The ZBA, therefore, concluded that the hardship to Mr. Kurkowski in removing the two-foot overhang would outweigh the hardship to Dr. Naguib if the overhang were permitted. In this matter, the ZBA backed in to their decision, despite the fact that applicant's variation request did not meet any of the Zoning Ordinance standards. Based on the foregoing, I would ask the Village Board of Trustees to adhere to the standards contained in the Village Zoning Ordinance and deny Mr. Kurkowski's application for a variation. Very truly yours, LILLIG & THORSNESS, LTD. Terrence P. Faloon TPF/mal �s TIMBER , . � TRAAS PROPERTY OWNERS ASSOCIATIO OAK BROOK, ILLINOIS 60521 August 16, 1990 Oak Brook Village Board Oak Brook, IL 60521 Dear members of the Village Board of Trustees: As representatives of the Timber Trails Homeowners Association we want to express our concern regarding giving exception to building variances, in situations that may alter the appearance of the neighborhood, and /or distract from the neighboring properties. We feel the twelve foot side yard requirement should be kept enforced, in keeping with the character of the neighborhood and providing safety and priviacy to all residents. We sincerely hope the Board will consider all parties ' positions now and in the future. Sincerely, Nancy Overholt, President, TTPOA EXHIBIT A -?�z O�OF OgKe 6 COUNT'' VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 August 20, 1990 70,S 990- 3000 Village President and Board of Trustees VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, IL 60521 Re: Kurkowski, Side Yard Variation 183 Timber Trail Drive Dear Mr. President and Board of Trustees: The zoning Board of Appeals, at its meeting of August 7, 1990, considered the applicant's request to permit construction of an addition encroaching approximately 2' into the 12' required side yard. A motion was made by Member Kenny, seconded by Member Crouch, to recommend approval of this requested variation which would allow a 2' encroachment into a 12' minimum side yard requirement subject to the following conditions: 1. That an Assessment Plat formalizing the boundaries between the applicant's Lot 83 and Lot 84, the lot directly to the west, be submitted by the applicant and approved by the Village President and Board of Trustees. 2. That the Village Engineer review and approve drainage plans for the proposed addition by determining whether sufficient accommodation of stormwater exists. 3. That an existing concrete curb on Lot 84 be removed by the applicant. This recommendation is based on the following findings of fact: 1. The plight of the owner and the hardship are due to unique circumstances based on the fact that the property, as it exists now, was a legal non-conforming use that existed prior to the zoning ordinance being applicable to it. 2. The variations, if granted, will not alter the essential character of the locality. a3 Kurkowski - 2 - August 20, 1990 3. The condition upon which the petition for variations is based would not be applicable generally to the other property within the same zoning classification. 4. 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 located. 5. 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. 6. That the purpose of the variation is not based exclusively upon a desire to make more money out of the property. 7. That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. This motion was approved on a roll call vote of four ayes, Members Crouch, Kenny, Shumate and Chairman Savino; one nay, Member Herman; and one member absent, Member Martinello. Sincerely, Alfr P. Savino Chairman Zoning Board of Appeals I �z RICHARD M. KURKOWSKI 183 Timber Trail Drive Oak Brook, Illinois 60521 August 20, 1990 - Mr. Wence F. Cerne Village of Oak Brook 1200 Oak Brook Road _ Oak Brook, IL 60521-2255 Dear Mr. Cerne: The purpose of this letter is to respond to the letter sent to you and signed by Dr. Gamal S. Naguib dated August 7, 1990. My letter summarizes the key issues. The two pages that follow this letter respond specifically to Dr. Naguib' s letter with particular focus on inaccurate statements, of which there are many. I am fully aware that the Village Board does not sit as an arbitrator of disputes between neighbors, and that this matter must appear as such to you. Please understand that I. too, am not pleased with the tenor that this zoning request has taken. The careful deliberations of the Zoning Board of Appeals sufficiently analyzed the issues surrounding my variance request and I am confident that you will approve their recommendation. The various Village staff have approved our building permit and the Zoning Board has "done its homework" in reviewing the variance request and recommending its approval. To be perfectly clear, the only point at hand is the proposed roof overhang, = whether or not the addition can be built. Some important points for your consideration are: e I discussed my plans with Mrs. Naguib on three occasions. In addition, Mr. Gabe Caliendo, the general contractor, spoke with Dr. Naguib once (he asked Gabe to talk to his wife, because he was busy) . Mrs. Naguib expressed their concerns as follows. "Our basement is always damp when it rains" and could you install drain tiles to direct run-off away from their home. In response, I incurred an additional $1,500 expense to install drain tiles along the entire west side of my home to alleviate this concern. Keep in mind that the topography of the land is such that my lot (83) is higher than their lot (84) . As such, the natural flow of water is towards their property. Dr. Naguib requested that an existing concrete block about one foot wide and twenty feet long and running along my driveway be removed. This block existed when I bought my house, but I agreed to have it removed (at my expense) to eliminate this "Problem" . 02� PAGE TWO Mrs. Naguib stated that her husband had measured the distance from my existing home to the property line and that the overhang on the existing structure needed to be reduced by six inches and, then, no variance would be needed. This is factually incorrect.. I 've responded to the two requests documented above totally for the benefit of the Naguibs since neither issue was to my benefit nor was it required by the building code. I must say that I was surprised when the Naguib' s expressed their opposition at the Zoning Board of Appeals hearing and. in the letter to you of August 7. At the Zoning Board of Appeals hearing, Dr. Naguib, his wife and his architect all spoke in opposition to the variance request. Mrs. Naguib and the architect stated that their only objections related to the drainage and the concrete block. Initially, Dr. Naguib agreed, but then proceeded with a litany of objections which made it clear that he was opposed to the variation under any circumstances . This change in position is now made clear in his letter of August 7, 1990 in which he claims that I have not satisfied even one of the criteria for a variation as set forth in Section VII (E) (8) of the Village Zoning Ordinance. - Please do not misunderstand the nature of my request. No variation is necessary for me to build my proposed garage and second story addition. It is perfectly legal for these to be constructed as designed, as is evidenced by the fact that a building permit was issued over one month ago. The only purpose for the variation is to allow the two foot eave to overhang into the 12 foot side yard. This situation existed when the property was annexed into the Village approximately 20 years ago and does not increase the existing nonconforming use at all. Rather, the existing overhang is two feet into the side yard and I am only asking to be allowed to construct a replacement overhang on the new second floor and to be consistent, a matching overhang on the new addition. Not only would a replacement eave be aesthetically better than a house with no eave, but it would be consistent with the rest of the house and the rest of the neighborhood. Equally important, the lack of an eave would remove any control of water run-off from my roof to the detriment of the Naguibs and me. As the Zoning Board of Appeals found, my situation is due to unique circumstances. As stated, the current status of my present use is legally nonconforming. Moreover, so is the Naguibs ' house and most of the others in the immediate area. While I have an overhang encroaching into my 12 foot side yard, the Naguib' s entire structure encroaches four feet into the Village side yard requirement. This type of encroachment is characteristic of the locality, which is a unique circumstance. For this same reason, by continuing the existing nonconformity, but not increasing it, the essential character of the locality will not be altered. I trust that the Village Trustees will approve the Zoning Board of Appeals recommendation. If you plan to reconsider the issue in any depth, please read the attached two pages responding to Dr. Naguib' s statements in his August 7 letter, many of which are blatantly inaccurate. ,ZD PAGE THREE • Since I will be in Europe on business on August 28, my attorney (Mr. Michael M. Roth) , the general contractor (Mr. Gabe Caliendo) and my architects (either Mr. Vic Rrasnopolsky or Mr. Lee Weintraub) will represent me at the meeting of the Village Board. If you have any questions, I would be pleased to meet with you in person or discuss the matters on the phone. I have enclosed copies of this letter and attachments for you to distribute to the Trustees. Sincerely, Richard M. Rurkowski RMR/tak CC: Village of Oak Brook Trustees Mr. Bruce Kapf f Dr. and Mrs. Gamal S. Naguib Mr. Michael M. Roth, Esq. Mr. Gabe Caliendo Messrs. Lee Weintraub and Vic Rrasnopolsky /9 The following comments respond specifically to points raised in the letter of August 7 signed by Dr. Naguib. Paragraph 2, 1st page - I. can assure you, as can the building inspector, that absolutely no part of the construction done to date violates the 12 foot side yard requirement. We have been in close communication with the Village Building Department during all phases of the project. References to Section %III (I assume of the Village Building Code) : (4) (a) ( 1) , (2) and (3) - Dr. Naguib' s parenthetical comments are biased. First, the existing structure is 12 feet from the property line, but the existing overhang is two feet into the easement. We are asking that I be allowed to return the roof with a two foot overhang (consistent with the rest of the structure) to a new second floor. The Dn1X issue is the overhang, not whether or not I can build the second floor. Further, the variation will not "alter the character of the locality. " Regardless of Dr. Naguib' s view, the addition can be built. . .the only question is whether the overhang will be consistent with the rest of the house or whether it will be "chopped off" and look silly. This is why my architects brought a model to the Zoning Commission hearing to demonstrate that if there is no two foot overhang, the character of the locality will be altered in a negative way. (4) (b) (3) - I do not see any way that the two foot overhang (which has been in place for 45 years) would be "injurious" to the Naguib' s. (4) (b) (4) - Dr. Naguib's comments are spurious. First, there is limited landscaping on Dr. Naguib' s property between our existing structures. I have grass; he has grass, ground cover and weeds. Since I do not expect you to visit his home, attached (at Exhibit I) are photographs of the "landscaping" in question. Next to the addition to the front of the house (actually 32 feet, not 40 feet as suggested by Dr. Naguib) , I have two trees and the Naguib' s have one tree. These trees should not be impacted because they are in a corridor between the houses that runs North/South and are 11-12 feet from the new structure. The trees will continue to get a lot of sun, air, light, etc. The only other landscaping on this part of the Naguib's property are wild grape vines, weeds and some poison ivy which, I 'm sure, will continue to thrive. The closest tree on their property is about 18 feet away. 18 (4) (b) (5) - This is a nonsensical comment. I am investing a substantial amount to improve my home. Over time, this will appreciate. Short-term, I will not "make money. " The addition is being built for my personal enjoyment, not for speculative profit. The paragraph that begins on the bottom of page two asks many questions. Whether or not the Naguibs like it, our homes were built 21 feet apart many years ago. In fact, the Naguib' s structure is also a legally nonconforming use, as their side yard is only eight feet wide. There should be no impact on any of their trees; they have no "expensive landscaping" on the East side of their property. My property has always been higher than their property. The driveway has been in place for many years and follows the topography of the land. Further, most of the driveway is 20-40 feet away from the property line. The only part of the driveway that touches the property line is the part with the aforementioned 20 foot concrete block. Maybe this block was put there originally to deter water run-off. In any event, as requested by the Naguib' s, this will be moved. Based on their aggressive stance, I will need a waiver from the Naguib' s indicating that, if the weeds adjacent to the concrete block are destroyed during this process, they will hold me harmless. The two foot overhang issue will n= affect the entire area. With or without the two foot overhang, the addition will be built as approved by the Village Building Department and the Timber Trails Property Owners ' Association. In his final paragraph, Dr. Naguib suggests that the structure will "look odd and be unsafe. " The use of these words is offensive and must be intended to raise totally unsupportable questions in the minds of the Village Trustees. First, the registered architects are licensed by the State of Illinois and are respected professionals. The building plans were developed with the assistance of a professional structural engineer. Gabe Caliendo is the builder and an Oak Brook resident. . . he would not have taken on the job if we were building an "unsafe" building. The Timber Trails Property Owners ' Association reviewed the plans and was very positive about the improvements proposed. The Village building inspector has approved the plan and approved construction progress step by step. I 'm puzzled by the Naguibs ' over reaction, but I look forward to your approval of the variation request. • /7 •'I Sri." "1 l: . - - .s••,.. �� ,s'+ate, r. 1 right Above is the East side of the Naguib ' s property. The fence on the is temporary and was installed to insure that the construction crew does not inadvertently cross the property line. As you only grass and "ground cover" shaded by their house most of every day. The tree in the background is a pine and is on my property. The picture shows the ground between the two original homes . Below is the Southeast corner of their building which is comparable to the rest of "corridor. " This is a photo of the front of the Naguib' s house ( faces North) . In the background is the area under construction. The ridge of low greenery at the border is the weeds and wild grape vines referenced in the letter. The rest of the Naguib ' s yard is grass which will continue to get plenty of sun. 1-jr r 1 r ps►c� 9� This picture shows the "landscaping" between the approved new addition and the East side of the Naguib ' s property. As is the case with both properties, there is a lot of "wild" natural growth. Most of this area is heavily shaded by trees and this area will be in the sunlight beginning at 10: 30 a.m. to 11: 00 a.m. on sunny days . • OF Ogke b : b o 4 `t1 r 9CCCOUNT`" V1 LLAG E OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 August 16, 1990 108 990- 3000 Mr. Richard Kurkowski 183 Timber Trail Oak Brook, IL 60521 Re: Side Yard Variation Request Dear Mr. Kurkowski: Following your hearing before the Zoning Board on August 7, 1990, the Village received the attached correspondence from Dr. Naguib of 205 Timber Trails Drive concerning this subject. I am forwarding a copy of this correspondence to you for your review prior to the Village Board's consideration of your request at its August 28 meeting. Should you require anything further in this regard, please feel free to call. Sincerely, '46" Bruce F. Kapff Assistant to Village Manager BFK:sps cc: Dr. Gamal S. Naguib 205 Timber Trails Drive Oak Brook, IL 60521 /3 • vSO-pF OgKB9C • 1110OUNI VI LLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 August 15, 1990 708 990. 3000 Mr. Richard Kurkowski 183 Timber Trail Oak Brook, IL 60521 Re: Property Description Dear Mr. Kurkowski: Based on the information provided by your August 13 letter indicating that the east 3' of Lot 84 has been a part of your Lot 83 since 1948, all that is required to formalize this land transfer is Village approval of an Assessment Plat. I believe this procedure was further described to your attorney by our Village Attorney, John Brechin. There is no filing fee for an Assessment Plat, and following staff review, is only reviewed by the Village Board. At such time as you are ready to proceed with this Assessment Plat, please feel free to call and we can further discuss the particular requirements. Sincerely, 157_� Bruce F. Kapff Assistant to Village Man ger BFK:sps cc: John H. Brechin, Village Attorney 14 WENCE F. CERNE AUGUST 7, 1990 VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, IL. 60521-2255 Dear Mr. Cerne: Enclosed please find a copy of a letter that I received from the .Village of Oak Brook regarding a meeting of the zoning board of appeals and a .variation request filed by Richard' Kurkowski from the provisions of Section VII (E)(8)(b) to permit construction of an addition encroaching approximately two feet into the required twelve feet side yard. When I received the letter, I was surprised,. as a matter of fact shocked, because the -addition, Mr. Cerne, has already been constructed and the permit has already been granted to the builder a long time ago. It seems that the request of .variation is a sure thing tha.t. must and will be granted. Anyway, I have consulted with an architect/builder and I attended the regular zoning board of appeals meeting on Tuesday August 7, 1990 I was disappointed at the way the vote was casted and the way the chairman handled the issue. It seems to me that the chairman had made up his mind based on our existing structure which was built many years ago before. the required twelve feet side yard which I did not have anything to do with at the time. According to Section XIII, W Standards: (a) The Zoning Board of Appeals shall not recommend a 'variation of the provisions of this ordinance as authorized in this section unless it shall have made findings of fact based upon the evi- dence 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 regulations governing the district in which it is located. (That does not apply to Mr. 'Kurkowski's property) (2) The plight of the owner is due to unique circumstances. (Mr. Kurkowski's property is not unique. There are many similar properties in the area.) (3) The variation, if granted, will not alter the essential character of the locality. (The variation will alter the 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, fav- orable to the applicant, have been established by the evidence that: Page 2 of 3 (1) The particular physical surroundings, shape, or topo- graphical 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. (There is no restriction at all to do the plans accord- ing to the required twelve feet side yard.) (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. (Other property will have the same application.) (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 pro- perty is located. (It will be injurious to the Naguib's property.) (4) The proposed variation will not impair an adequate supply of light and air to adjacent property, or subst- antially increase the danger of fire, or otherwise en- danger the public safety or substantially diminish or impair property values within the neighborhood. (Due to the addition of forty feet in the front and a sec- ond story also added with a peaked roof which increase the bulk, there will be serious effects on the open space, air, light, trees, and landscaping. Please come by to see this for yourself.) (5) That the purpose of the variation is not based exclus- ively upon a desire to make more money out of the pro- perty. (It is.) (6) That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. (It is.) (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 neighborhood, and to implement the gen- eral purpose and intent of this ordinance. Are we going to stick to our twelve feet required side yard or are we go- ing to have buildings so close to each other? The chairman of the zoning board of appeals did not address and/or seem to understand the adverse reaction on the following: existing trees, expensive landscaping on our property, his grading relative to our grading, and the proper drainage /D Page 3 of .3 (which should require extension of the tile drainage all the way to the front of his property line to guide the water to the covert, modifica- tion of the driveway inclination to guide the water to his own property and not to ours) . It seems that the chairman was impressed with the cardboard model and the large colored photographs that the builder and the architect, who were hired by Mr. Kurkowski, presented. From my ex- . perience, when a chairman of the board is inclined to vote for one side, the vote will be in favor of the chairman. Mr. Cerne, we are dealing with an issue that will affect the entire area. Your keen insight and understanding into my situation and others will be greatly appreciated. Otherwise, we will be having an area with many structures that will be encroaching on one another, look odd and be un- safe. Your cooperation in this regard will be greatly appreciated. On a final note, I will be attending the meeting on August 28, 1990 for further debate on the matter. i cer ely, AL S. AGUI M. . CC: GARRY J. BARTECKI KAREN M. BUSHY RONALD P. MAHER BARBARA "LEXI" PAYOVICH JOSEPH H. RUSH H. RICHARD WINTERS STEPHEN BERLEY BRUCE F. KAPFF DR. GAMAL S. NAGUIB 205 TIMBER TRAILS DR. OAK BROOK, IL 60521 530-1343 9 Dxwr w�nl rE� VILLAGE OF OAK BROOK S�Q�C�I11� ZONING BOARD OF APPEALS MINUTES AUGUST 7, 1990 I. CALL MEETING TO ORDER The meeting was called to order at 7:35 p.m. by the Chairman. MEMBERS PRESENT: Members Claybourne A. Crouch Elaine D. Herman William E. Kenny Mack H. Shumate (arr. 7:39 p.m. ) Chairman Alfred P. Savino MEMBERS ABSENT: Members Roy G. Martinello ALSO PRESENT: Village Trustee, H. Richard Winters Asst. to Village Mgr. , Vince Long Building Commissioner, Robert Nielsen II. APPROVAL OF MINUTES A motion was made by Member Crouch, seconded by Member Shumate, to approve the July 3 minutes and waive the reading thereof. VOICE VOTE: All in favor. MOTION CARRIED . . . III. BODE - FLOOD PLAIN SPECIAL USE IV. BODE - FRONT & SIDE YARD VARIATIONS, 10 YORKSHIRE WOODS Chairman Savino stated that the Plan Commission tabled these applications at its July meeting at the applicant's request. A motion was made by Member Crouch, seconded by Member Kenny, that these applications should be continued until the Plan Commission has completed its review. VOICE VOTE: All in favor. MOTION CARRIED . . . V. KURKOWSKI - SIDE YARD VARIATION, 183 TIMBER TRAIL DRIVE Michael Roth, attorney representing this application, Gabe Caliendo, general contractor, and architects Vic Krasnopolsky and Lee Weintraub, explained the proposed addition to Mr. Kurkowski's residence. The project calls for construction of a two-level addition extending to the north of the existing house, and also for a second level addition to the existing structure. The existing structure is located approximately 12' from the westerly lot line; however, when the 2' overhang is included, the existing separation is approximately 101 . Mr. Roth indicated that Mr. Kurkowski (Lot 83) owns 3' of property of Lot 84, the lot directly to the west of Lot 83. ZONING BOARD OF APPEALS Minutes - 1 - August 7, 1990 Mr. Roth stated that Chicago Title & Trust Company records show that the subject 3' of property was sold to the owner of Lot 83 in 1947. Dr. and Mrs. Gamal Naguib, 205 Timber Trail (Lot 84) , owner of the property directly west of Lot 83, testified against the requested variation. Weston Pense (sp) also testified against the variation request. He indicated that the construction plans for the addition he viewed showed no stormwater disposal. Dr. Naguib stated that he objected to the variation because it would result in additional stormwater running onto his property, and the additional overhang would protrude 2' into the required side yard and thus restrict access to Dr. Naguib's own side and rear yards. A motion was made by Member Kenny, seconded by Member Crouch, to recommend approval of this requested variation which would allow a 2' encroachment into a 12' minimum side yard requirement subject to the following conditions: 1. That an Assessment Plat formalizing the boundaries between the applicant's Lot 83 and Lot 84, the lot directly to the west, be submitted by the applicant and approved by the Village President and Board of Trustees. 2. That the Village Engineer review and approve drainage plans for the proposed addition by determining whether sufficient accommodation of stormwater exists. 3. That an existing concrete curb on Lot 84 be removed by the applicant. This recommendation is based on the following findings of fact: 1. The plight of the owner and the hardship are due to unique circumstances based on the fact that the property, as it exists now, was a legal non-conforming use that existed prior to the zoning ordinance being applicable to it. 2. The variations, if granted, will not alter the essential character of the locality. 3. The condition upon which the petition for variations is based would not be applicable generally to the other property within the same zoning classification. 4. 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 located. 5. 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. 6. That the purpose of the variation is not based exclusively upon a desire to make more money out of the property. ZONING BOARD OF APPEALS Minutes - 2 - August 7, 1990 Dear Mr. Kappf: July 27, 1990 After several communications with the buildin g engineers, I was advised to object to the requests of the variation from the provisions of Section VII (E) (8) (b) ,which permits construction of an addition encro- aching approximately two feet into the twelve feet required side yard, because this will cause a limitation of access to my own property. Also, I would like to emphasize that Mr. Richard Kurkowski should extend his drainage tile down the entire length of his lot line to reduce flooding on my property. In addition, I will be attending the Zoning Board of Appeals meeting on Tuesday August 7, 1990 at 7:30 p.m. Hope you understand my concern in this matter. Sincerely Yours G S. NAGU B, D .D. Bruce F. Kappf Assistant to Village Manager Village of Oak Brook 1200 Oak Brook Road Oak Brook, ILL 60521-2255 Wid GAMAL S. NAGUIB, D.M.D. ,205 TIMBER TRAILS DR. OAK BROOK, ILL 60521 5 e • • OF Oqk 4 D ao G O r 9C�COUNT h VILLAGE O F OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 July 26, 1990 708 990- 3000 Mr. Richard Kurkowski 183 Timber Trail Oak Brook, IL 60521 Re: Property Description Dear Mr. Kurkowski: As mentioned in your July 25 letter, we have over the past couple of weeks discussed the description of your property which includes the easterly 3 feet of Lot 84. Aside from your variation request, a separate question concerns how and when the east 3 feet of Lot 84 became attached to your Lot 83. The 1946 subdivision referred to as "Timber Trail Estates" showed Lots 83 and 84 as separate and distinct properties. In 1971, the Village enacted subdivision regulations which require a Village-approved subdivision prior to splitting existing properties. In the subject case, these regulations, if they were in effect at the time of the transfer of the 3 feet, would have required Village approval of a resubdivision plat accomplishing this realignment of the common lot line between the two lots. Timber Trail Estates was annexed into the Village on November 13, 1973; therefore, in the event the sale of the 3 foot parcel was accomplished subsequent to November 13, 1973, the Village presently may require approval of a resubdivision plat as described above. Although I have attempted to explain the above on previous telephone conversa- tions, hopefully this written description will assist both you, your attorney and the title company in determining when and by what means the transfer of property took place. Should you or your attorney have any further questions in this regard, please feel free to call. Sincerely, /5� X Bruce F. Kapff Assistant to Village Man ger BFK:sps cc: John H. Brechin, Village Attorney Dale L. Durfey, Village Engineer Robert Nielsen, Building Commissioner,&.- • RICHARD M. KURKAKI 183 TIMBER TRAIL DRIVE OAK BROOK, ILLINOIS 60521 July 25, 1990 r g Mr. Bruce Kapff Village of Oak Brook "i ` ;;a,_ - ,1 1200 Oak Brook Road Oak Brook, IL 60521 Dear Mr. Kapff: Since our last conversation, I have been in contact with my lawyer, the title insurance company and the surveyor. All have expressed the same view, which is that all documents support the fact that my property consists of Lot 83 and the East three feet of Lot 84 . No one can understand the nature of your concern. In order to help you, I am attaching a copy of a 1985 survey, the warranty deed and my owner title insurance policy from Attorney' s Title Guaranty Fund Inc. You will find that every document is consistent in describing my property. I have contacted Attorney' s Title and have asked them to determine the time at which the East three feet of Lot 84 was attached to Lot 83. They indicated that they could not proceed unless I filed a claim. As of this time, I have filed a claim, but it is unlikely that the claim will be resolved prior to August 7 . I will keep you abreast of all developments regarding this matter. In addition, I would like to formally advise you that, because of my travel schedule, I_ will not be able to personally attend the zoning board hearing on August 7 . Rather, I will be represented by the general contractor who is building my addition (Mr. Gabe Caliendo) and at least one of my architects (Messrs . Lee Weintraub and Vic Krasnapolsky) . If there is anything else I can do to help you before the August 7 meeting, please call. Sincerely, Richard Kurkowski CC: Gabe Caliendo Lee Weintraub lure 51800 wiser" 'show* •�f K•�fc ow tloAlAWM ON"pn11MMM NOM M' 7!A SDilftlilfif107 tiW �'w n� taraw,AOa a� vi v i -wl�rs a►u 4p - r•'S j2•C "• •� S MOMVAMaa=wd= 1J7Af*o7 ♦ N MMYYO No3m3H . t/'T 9LTZSf•'�rr=. tv,r a1u awv A11Orotr/ aasllosaa aAwv f tl ON 1 O L 71LL C7ASAMM 1Ar►1 Oft ArMl AAMZO A6=314 - 1Fa t4�43!l1" i� �0 ' r17Iw100 Im1MI'� 3 '1 �r } ��fff +r 4•�LsN/5�S•yw� se� aevdnc ro AAMnoo 40 RLV" 0I•',1i / Q T J d r A W Y-S' Q�.(M1f10�) �n►trp ,w11j 111f1+tj sntj 1121111J O� Olt W'.48 I Col rn 1 � � I i 1r I I C �•a 1 C � � Lai sr�+•,(r1g ,a! o I I � r•sf�Ow•v l/Y � M O v ' -i � ,s+.a Mir is o ro lrao I I I -- i ,r,•••7y �i••�� AI o r r I TQ•� 9171 ,.®r � Ares »,+•n s�so.91 I , p�MN 91 s9"11 awD•r4o•M, ••as Alaw - alNatlmY-d ftllr9 al �v asira*� lunras at !A! ,Lint AWAOIMW Aa•l Colo 00r/ &"A is.ltA I �w•o . ro ; �w•waavo w» w s+•r A., • I I wainv A~I I s �rs�rs�wr. • Is VV r ..- .r a.- r.,,�„ — , yurratr .�o,tc <,,,� 1M3w7W3 741 .,.x a llvs ri.is�.lw.. �0 end- J • SIfIYI1]i '�1Wmr$m 3911d NO tii BZb805 'OM lii7bM7Q0 T ARC+ A"w 3K Ol 5N I Uumv '1fYidl tliH tT r; St HILT '9I vwoi?0>� . i 310 ad Q�INl 3H1 !0 1SYii'L iH1mw L 4los1M01 'LL faU74. ..v s alu -t' mw a• Yi�'i7��.1 tl3�11 k)�:�11 � - '�..�}ti.�yin i=7. _��-�s•!„� .Y= -...�•� w OPA 204049 OPA Q y r Serial No. 2040492 I OWNER TITLE INSURANCE POLICY Attorneys' Title Guaranty Fund, Inc. CHAMPAIGN, ILLINOIS �^'r'.ar 4 • V 4 4 n 2A 4 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN A) F, SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, - Attorneys'Title Guaranty Fund Inc.,an Illinois Corporation,herein called The Fund,insures, as of the Effective Date of policy shown in Schedule A,against loss or damage,not exceeding the amount of �} insurance stated in Schedule A, and costs, attorneys' fees and expenses which The Fund may become 4 obligated to pay hereunder, sustained or incurred by the insured by reason of: } a DV J -, 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated ] F therein; 2. Any defect in or lien or encumbrance on such title; or 3. Lack of a right of access to and from the land; or � 4. Unmarketability of such title. In Witness Whereof. Attorneys'Title Guaranty Fund,Inc.,has caused this policy to be signed and sealed in its name by its Executive Vice President,by direction of its Board of Directors,to become 7 binding when countersigned by a member of The Fund. OR F+ Ft ' SEAL '_� �'o�'yb'�t(INO�'' °?•� .mod ✓j uuuu �� ISSUED BY Attorneys'Title Guaranty Fund Inc. r F, By F LAY OFFICES OF t DnMAT.D a- KILRSTAase Michael J. Rooney ~' FUND FORM 104 Executive Vice President f OPA COVER(REV. 1I;84) _ DIF ' �Ll : ,�'-4 K x;1:4.�:-6 -1j,4-1161 r� f i ( 1f i l JiJ 1 � LEGAL FORMS April 1980 WARR DEED • Statut LINOIS) (Individua o Individual) CAUTION:Consult a lawyer before using or acting under this torn. All warranties,including merchantability and fitness,are excluded. THE GRANTORS, ROYCE V. LAWSON and KAY L. c_- LAWSON, his wife m I;' r of the of Oak Brook County of DuPage �) State of not s for and in consideration of CM _ '1 TEN and no/100-------------------------- �::o ry -------------------------------- DOLLARS, w M in hand paid, � CONVEY_and WARRANT_to RICHARD M. KURKOWSKI , Divorced and not a 430 S. Illinois Ave. since remarried Villa Park:, Illinois 60181 (The Above Space For Recorder's Use Only) V) (NAME AND ADDRESS OF GRANTEE) the following described Real Estate situated in the County of DuPage in the o� State of Illinois, to wit: � Lot 83 and the East 3 feet of Lot 84 in Timber Trail Estates i� Unit One, being a Subdivision of part of the Northeast 1/4 of Section 23, Township 39 North, Range 11 , East of the Third Principal Meridian, according to the Plat thereto recorded October 16 , 1946 as Document 508928 , in DuPage County, Illinois . w can I�. � w a w x a F v7 W z w w a: tx 0 Permanent Tax No. -02( x w A hereby releasing and waiving all rights under and by virtue of the Homestead Exemption Laws of the State of ac Illinois. x DATED this 2 9th day of May 1986 Q SEAL � ' SEAL PLEASE oy e V. Lawson Kay L' PRINT OR TYPE NAME(S) �r BELOW (SEAL) (SEAL) SIGNATURE(S) )� �� .4 State of.Iflifioig,County of DuPage ss. I,the undersigned,a Notary Public in and for said County,in the State aforesaid,DO HEREBY CERTIFY that Royce V. r '�'• Lawson and Kay L. Lawson, his wife are r,r personall y known tome to be the same person q whose names are subscribed =' , IMPRESS'^` to the foregoing instrument, appeared before me this day in person, and acknowl- SEAL `,r.: edged that—C-h-e4 signed,sealed and delivered the said instrument as their t HERE free and voluntary act, for the uses and purposes therein set forth, including the , release and waiver of the right of homestead. l Given under my hand and official seal,this 29th day of Ma,Y 19BA it Commission expires December 2 19A-9 9 NOTARY PUBLIC This instrument was prepared by James L. Eyertts , 700 E. Ogden, Westmont, IL ,. (NAME AND ADDR S) 60 ADDRESS OF PROPERTY: Dennis McNicholas, Esq. 183 Timber Trail Drive Manganzini , Mahon & McNich las Oak Brook, Illinois 60521 THE MAIL TO: 315 West St. Charles Rd. ONLYAANDV S NOT A PART IS FR OF THIS DEED.STATISTICAL PURPOSES (mss) SEND SUBSEQUENT TAX BILLS TO: Lombard, Illinois 60148 Richard Kurkowski (City,State and ZO) '1 - ` �� 183 Timber "l�" )il Drive OR RECORDER'S OFFICE BOX NO. Oak Brook, (LkUnuts 6052t- • i EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: I. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land,or the effect of any violation of any such law,ordinance or governmental regulation. { 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Effective Date of policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a)created, suffered, assumed or agreed to by the insured claimant;(b)not known to The Fund and not shown by the public records,but known to the insured claimant either at Effective Date of policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to-Me Fund prior to the date such insured claimant became an insured hereunder;(c)resulting in no loss or damage to the insured claimant;(d)attaching or created subsequent to Effective Date of policy;or(e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. Ida 4;Cf4vn1,Y F , • SCHEDULE A Policy No.: OPA 2040492 Effective Date: June 16, 1986 Amount of Insurance: $245, 000 . 00 1. Name of Insured: MICLMB X. X M OV3XI. diver*" and not since remarried 2. The estate or interest in the land described herein and which is covered by this policy is, at the effective date hereof, vested in the named insured and is a.fee simple (if other, specify same: 3. The land referred to in this policy is described as follows: Lot 83 and the Bast 3 feet of Lot 84 in Timber Trail Estates Unit One, being a Subdivision of part of the Northeast 1/4 of Section 23 , Township 39 North, Range 11, East of the Third Principal Meridians according to the Plat thereto recorded October 16, 1946 as Document 508928, in DuPage County, Illinois. ISSUED BY LAW OFFICES OF 115 -` (Attorney or Firm of Attorneys) MEMBER NO. SIGNATURE OF ATfORNE Y 700 East Ogden Avenue Westmont Illinois 60559 1 QS (M FUND FOR![ 966N Addren) (City) (Zip) - OWNER SM A.(REV.S/M) VA rvtry CTr►mr" n rVKV Policy No.: OPA 2040492 SCHEDULE B This policy does not insure against loss or damage by reason of the following exceptions: STANDARD EXCEPTIONS ( 1 ) Rights or claims of parties in possession not shown by the public records. ( 2) Encroachments, overlaps, boundary line disputes, and any matters which would be disclosed by an accurate survey n inspection of the premises. y d (3 ) Easements,or claims of easements,not shown by the public records. (4) Any lien,or right to a lien,for services,labor,or material heretofore or hereafter furnished d b ,imposed law and not shown by the public records. (5) Taxes or special assessments which are not shown as existing liens by the public records. SPECIAL EXCEPTIONS 1. The lien of taxes for the year.. . . . . . ._ 1985 and therdifter. Permanent z Index Number_ 06-23-208-0i0 1985 taxes la i s'kal en of 1115.1 2nd �� i has been Paid e ?� a �1115.1 has not been aid Real Estate Taxes P prior t 1985 have beenaid. 2• Mortgage da d8 6124 Ma,Y 2 Document No. 6 0 ma 6 and record June 16, 1986 as and not ainc remarried 0 Lyons or by Richard urkowski, divorced secure an inde edness of 140,000.00M 86e Corporation, to 3• Building Setback ing teet �•om the North lot line) as shown on th at Of :aubdivi$ion. ' 1 fl. . 4• Easements '.for under the ilitie ' a drainage over upon and VSoutp fep-=- a land, as shown Of aubdiviAQa,..--' on the plat P 5. Covenants and restrictions recorded contained in the d as Document declaration ent 522996, relating to size of builds on location of poultry houses, building plans must be approved by committee. pproved END OF SCHEDULE B 1115 Member No. Signature of A torney FUND FORM 106 OWNER SCM. B.(REV. 7/83) _ - Pokbk , 0 0 Attorneys' Title Guaranty Fund, Inc. Policy No. OPA 2040492 STANDARD EXCEPTION WAIVER ENDORSEMENT Standard Exceptions 1-5 have been deleted. Nothing herein contained shall be construed as extending or changing the Effective Date of policy. This endorsement is made a part of said policy and is subject to the schedules and conditions and stipulations therein,except as modified by the provisions hereof. Attorneys'Title Guaranty Fund, Inc. f+A !�s was SEA • By /�/ Michael J. Rooney Executive Vice-President June 16 , 1986 1115 )*4d DATED MEMBER NO. SIGNATURE OF ATT RNEY FUND FORM 213(REV.7/83) FORM E WAIVER END. ENDORSEMENT Attorneys' Title Guaranty Fund, Inc. Policy No.: OPA 2040492 INFLATION ENDORSEMENT The Fund,recognizing the current effect of inflation on real property valuation and intending to provide additional monetary protection to the insured Owner named in said policy,hereby modifies said policy, as follows: 1. Notwithstanding anything contained in said policy to the contrary,the amount of insurance provided by said policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the manner and to the extent hereinafter specified. 2. "Adjustment Date"is defined,for the purpose of this endorsement,to be 12:01 a.m. on the first January I which occurs more than six months afterthe Effective Date of policy, shown in Schedule A of the policy to which this endorsement is attached, and on each succeeding January 1. 3. An upward adjustment will be made on each of the Adjustment Dates,as defined above,by increasing the maximum amount of insurance provided by said policy(as said amount may have been increased theretofore under the terms of this endorsement) by the same percentage, if any, by which the United States Department of Commerce Composite Construction Cost Index(base period 1967) for the month of September immediately preceding exceeds such Index for the month of September one year earlier; provided, however, that the maximum amount of insurance in force shall never exceed 150%of the amount of insurance stated in Schedule A of said policy, less the amount of any claim paid under said policy which, under the terms of the conditions and stipulations, reduces the amount of insurance in force.There shall be no annual adjustment in the amount of insurance for years in which there is no increase in said Construction Cost Index. 4. In the settlement of any claim against The Fund under said policy,the amount of insurance in force shall be deemed to be the amount which is to force as of the date on which the insured claimant first learned of the assertion or possible assertion of such claim,or as of the date of receipt by The Fund of the first notice of such claim, whichever shall first occur. Nothing herein contained shall be construed as extending or changing the Effective Date of policy. This endorsement is made a part of said policy and is subject to the schedules and conditions and stipulations therein,except as modified by the provisions hereof. 4 Attorneys'Title Guaranty Fund,Inc. SEAL = By -It�- ZA4 Michael J. Rooney Executive Vice-President June 16 , 1986 1115 DATED MEMBER NO. SIGNATURE OF A RNEY FUND FORM 201(REV.6 83) INFLATION END. w • CONDITIONS AND STIPULATION 1. Definition of Terms of this policy, whether or not it shall be liable thereunder,and The following terms when used in this policy mean: shall not thereby concede liability or waive any provision of this (a) "insured":the insured named in Schedule A,and,subject Policy. to any rights or defenses The Fund may have had against the (d) Whenever The Fund shall have brought any action or named insured,those who succeed to the interest of such insured interposed a defense as required or permitted by the provisions by operation of law as distinguished from purchase including, of this policy,The Fund may but not limited to, heirs, distributees, devisees, survivors, determination by a court of competent jurisdiction on nand expressly personal representatives,next of kin,or corporate or fiduciary reserves the right in its sole discretion, to appeal from any successors. adverse judgment (b) 'insured claimant":an insured claiming loss or damage (e) In all ases where tthis Policy hereunder, p cy Permits or requires The Fund (c) "knowled to prosecute or provide for the defense of any action or Be":actual knowledge,not constructive knowl- proceeding,the insured hereunder shall secure to The Fund the edge or notice which may be imputed to an insured by reason right to so prosecute or provide defense in such action or any public records. on o proceeding,and all a (d) "land":the land described,s PPS therein,and permit The Fund to use, Schedule A, and improvements affixed specifically or by law aWhenever treques requested by The Fund,such insured suhall give constitute real property; provided, however, the term "land" Fund all reasonable aid in any such action or proceeding, in does not include any property beyond the lines of the area effecting settlement,securing evidence,obtaining witnesses,or specifically described or referred to in Schedule A,nor any right, prosecuting or defending such action or proceeding, and The title, interest, estate or easement in abutting streets, roads, Fund shall reimburse such insured for any expense so incurred. avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and 4. Notice of Loss—Limitation of Action from the land is insured by this policy. In addition to the notices required under paragraph 3(b)of (e) "mortgage":mortgage,deed of trust,trust deed,or other these Conditions and Stipulations,a statement in writing of any security instrument. loss or damage for which it is claimed The Fund is liable under (f) 'public records": those records which by law impart this policy shall be furnished to The Fund within 90 days after constructive notice of matters relating to said land. such loss or damage shall have been determined and no right of 2. Continuation of Insurance after Conveyance of Title action shall accrue to an insured claimant until 30 days after The coverage of this policy shall continue in force as of such statement shall have been furnished. Failure to furnish Effective Date of policy in favor of an insured so Ion as such such statement of loss o damage shall terminate any liability of B The Fund under this policy as to such loss or damage. insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a S. Options To Pay or Otherwise Settle Claims purchaser from such insured, or so long as such insured shall otherwise have liability by reason of covenants of warranty made by such or n t a name of n8 nsured claimant any claim insured settle gainst insured in any transfer or conveyance of such estate or interest; or to terminate all liability and obligations of The Fund provided, however, this policy shall not continue in force in hereunder by paying or tendering payment of the amount of favor of any purchaser from such insured of either said estate or insurance under this policy together with any costs,attorneys' interest or the indebtedness secured by a purchase money fees and expenses incurred up to the time of such payment or mortgage given to such insured. tender of payment,by the insured claimant and authorized by 3. Defense and Prosecution of Actions—Notice of Claim The Fund. To Be Given by an Insured Claimant (a) The Fund,at its own cost and without undue delay,shall g' Determination and Payment Loss provide for the defense of an insured in all litigation consisting e The liability of The Fund under this polity shall in no cas of actions or proceedings co e commenced a g exceed the least of: against such insured to the extent i that such litigation s founded upon an alleged defect, (i) the actual loss of the insured claimant;or lien, encumbrance, or other matter insured against by this (ii) the amount of insurance stated in Schedule A. policy. (b) The insured shall notify The Fund promptly in writing (b) The Fund will pay,in addition to any loss insured against y P P Y g by this policy, all costs imposed upon an insured in litigation (i)in case any action or proceeding is begun as set forth in(a) carried on by The Fund for such insured, and all costs, above,(ii)in case knowledge shall come to an insured hereunder attorneys' fees and expenses in litigation carried on by such of any claim of title or interest which is adverse to the title to the insured with the written authorization of The Fund. estate or interest as insured, and which might cause loss or damage for which The Fund may be liable by virtue of this (°) When liability has been definitely fixed in accordance Policy, or (iii) if title to the estate or interest, as insured, is with the conditions of this policy,the loss or damage shall be rejected as unmarketable. If such prompt notice shall not be P Yable within 30 days thereafter. given to The Fund, then as to such insured all liability of The 7. Limitation of Liability Fund shall cease and terminate in regard to the matter or No claim shall arise or be maintainable under this policy(a)if matters for which such prompt notice is required; provided, The Fund,after having received notice of an alleged defect,lien however, that failure to notify shall in no case prejudice the or encumbrance insured against hereunder, by litigation or rights of any such insured under this policy unless The Fund otherwise,removes such defect,lien or encumbrance or estab- shall be prejudiced by such failure and then only to the extent of lishes the title,as insured,within a reasonable time after receipt such prejudice. of such notice;(b)in the event of litigation until there has been a (c) The Fund shall have the right at its own cost to institute final determination by a court of competent jurisdiction,and and without undue delay prosecute any action or proceeding or disposition of all appeals therefrom, adverse to the title, as to do any other act which in its opinion may be necessary or insured,as provided in paragraph 3 hereof;or(c)for liability desirable to establish the title to the estate or interest as insured, voluntarily assumed by an insured in settling any claim or suit and The Fund may take any appropriate action under the terms without prior written consent of The Fund. CONDITIONS AND STIPULATIONS(continued on reverse side) s CONDITIONS AND STIPULATIONS(continued) 8. Reduction of Liability by any act of the insured claimant. The Fund shall be All payments under this policy, except payments made for subrogated to and be entitled to all rights and remedies which costs,attorneys'fees and expenses, shall reduce the amount of such insured claimant would have had against any person or the insurance pro canto. No payment shall be made without property in respect to such claim had this policy not been issued, producing this policy for endorsement of such payment unless and if requested by The Fund, such insured claimant shall the policy be lost or destroyed,in which case proof of such loss transfer to The Fund all rights and remedies against any person or destruction shall be furnished to the satisfaction of The Fund. or property necessary in order to perfect such right of subroga- tion and shall permit The Fund to use the name of such insured 9. Liability Noncumulative claimant in any transaction or litigation involving such rights or It is expressly understood that the amount of insurance under remedies.If the payment does not cover the loss of such insured this policy shall be reduced by any amount The Fund may pay claimant, The Fund shall be subrogated to such rights and under any policy insuring either (a) a mortgage shown or remedies in the proportion which said payment bears to the referred to in Schedule B hereof which is a lien on the estate or amount of said loss. If loss should result from any act of such interest covered by this policy, or (b) a mortgage hereafter insured claimant, such act shall not void this policy, but The executed by an insured which is a charge or lien on the estate or Fund,in that event,shall be required to pay only that part of any interest described or referred to in Schedule A,and the amount losses insured against hereunder which shall exceed the amount, so paid shall be deemed a payment under this policy.The Fund if any,lost to The Fund by reason of the impairment of the right shall have the option to apply to the payment of any such of subrogation. mortgages any amount that otherwise would be payable here- under to the insured owner of the estate or interest covered by 12. Liability Limited t0 This POIIC this policy and the amount so paid shall be deemed a payment y under this policy to said insured owner. This instrument together with all endorsements and other instruments,if any,attached hereto by The Fund is the entire 10. Apportionment policy and contract between the insured and The Fund. If the land described in Schedule A consists of two or more Any claim of loss or damage, whether or not based on parcels which are not used as a single site, and a loss is negligence,and which arises out of the status of the title to the established affecting one or more of said parcels but not all,the estate or interest covered hereby or any action asserting such loss shall be computed and settled on a pro rata basis as if the claim,shall be restricted to the provisions and Conditions and amount of insurance under this policy was divided pro rata as to Stipulations of this policy. the value on Effective Date of policy of each separate parcel to No amendment of or endorsement to this policy can be made the whole,exclusive of any improvements made subsequent to except by writing endorsed hereon or attached hereto signed by Effective Date of policy,unless a liability or value has otherwise a member of Attorneys'Title Guaranty Fund,Inc. been agreed upon as to each parcel by The Fund and the insured at the time of the issuance of this policy and shown by an express 13. Notices.Where Sent statement herein or by an endorsement attached hereto. All notices required to be given The Fund and any statement 11. Subrogation Upon Payment or Settlement in writing required to be furnished The Fund shall be addressed Whenever The Fund shall have settled a claim under this to its principal office at 2408 Windsor Place, P.O. Box 3036, policy,all right of subrogation shall vest in The Fund unaffected Champaign, Illinois 61821. Z '_ T :*�-o Q O D Z ` g C O = Ic O� Z QUA • t7 z of%4 F O�OF OA1r o m 6 O a 9OFCOUN-01,�y VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 July 24, 1990 708 990-3000 MEMO TO: Zoning Board of Appeals SUBJECT: Kurkowski - Side Yard Variation 183 Timber Trail Drive This property is located in the R-3 Zoning District which requires a 12' side yard. All yards are measured to the closest point of the structure, including overhangs. The current proposal is for construction of a 2-level addition extending to the north of the existing house as shown on the enclosed Plot Plan and also for a second level addition to the existing structure. As indicated on the Plot Plan, the existing structure is located approximately 12' from the westerly lot line; however, when the 2' overhang is included, the existing separation is approximately 10' . The applicant wants to utilize the 2' overhang for both the proposed addition to the north as well as for the new second floor on the existing house in order to match the rest of the house. Based on information submitted, it is possible for the proposed improvements to be constructed without a side yard variation. For the existing residence, which will have a new second story, this would mean elimination of the 2' overhang. For the addition, it would require reduction and/or elimination of the overhang. From a Building Department standpoint, there is no necessity of having an overhang. Therefore, much of the current application is a matter of esthetics. One additional issue which is not directly related to the variation request concerns the legal description for the property. As indicated on the Plot Plan, the subject Lot 83 also includes the easterly 3' of Lot 84. Some time between the original subdivision in 1946 and the current time, 3' of Lot 84 was sold to the owner of Lot 83. The Village needs to know how and when this transfer took place to determine whether or not the sale complied with the Village's subdivision regulations. Respectfully submitted, Bruce F. Kapff Assistant to Village Mana er BFK:sps cc: Mr. Richard Kurkowski- / OFOgkeO 0 9 o co 9C�0OUNt VILLAGE O F OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 July 26,. 1990 708 990-3000 Mr. Richard Kurkowski 183 Timber Trail Oak Brook, IL 60521 Re: Property Description Dear Mr. Kurkowski: As mentioned in your July 25 letter, we have over the past couple of weeks discussed the description of your property which includes the easterly 3 feet of Lot 84. Aside from your variation request, a separate question concerns how and when the east 3 feet of Lot 84 became attached to your Lot 83. The 1946 subdivision referred to as "Timber Trail Estates" showed Lots 83 and 84 as separate and distinct properties. In 1971, the Village enacted subdivision regulations which require a Village-approved subdivision prior to splitting existing properties. In the subject case, these regulations, if they were in effect at the time of the transfer of the 3 feet, would have required Village approval of a resubdivision plat accomplishing this realignment of the common lot line between the two lots. Timber Trail Estates was annexed into the Village on November 13, 1973; therefore, in the event the sale of the 3 foot parcel was accomplished subsequent to November 13, 1973, the Village presently may require approval of a resubdivision plat as described above. I Although I have attempted to explain the above on previous telephone conversa- tions, hopefully this written description will assist both you, your attorney and the title company in determining when and by what means the transfer of property took place. Should you or your attorney have any further questions in this regard, please feel free to call. Sincerely, Bruce F. Kapff Assistant to Village Man ger BFK:sps cc: John H. Brechin, Village Attorney Dale L. Durfey, Village Engineer Robert Nielsen, Building Commissioner • RICHARD M. KURK04RSKI 183 TIMBER TRAIL DRIVE OAK BROOK, ILLINOIS 60521 July 25 1990 17 C X2�� J y , j U L 26 1990 Mr. Bruce Kapff village of Oak Brook VILLAGE Or OAK BROOK, IL. 1200 Oak Brook Road Oak Brook, IL 60521 ADMINtSTRATI£7N Dear Mr. Kapff: Since our last conversation, I have been in contact with my lawyer, the title insurance company and the surveyor. All have expressed the same view, which is that all documents support the fact that my property consists of Lot 83 and the East three feet of Lot 84 . No one can understand the nature of your concern. In order to help you, I am attaching a copy of a 1985 survey, the warranty deed and my owner title insurance policy from Attorney' s Title Guaranty Fund Inc. You will find that every document is consistent in describing my property. I have contacted Attorney' s Title and have asked them to determine the time at which the East three feet of Lot 84 was attached to Lot 83. They indicated that they could not proceed unless I filed a claim. As of this time, I have filed a claim, but it is unlikely that the claim will be resolved prior to August 7 . I will keep you abreast of all developments regarding this matter. In addition, I would like to formally advise you that, because of my travel schedule, I will not be able to personally attend the zoning board hearing on August 7 . Rather, I will be represented by the general contractor who is building my addition (Mr. Gabe Caliendo) and at least one of my architects (Messrs . Lee Weintraub and Vic Krasnapolsky) . If there is anything else I can do to help you before the August 7 meeting, please call. Sincerely, Richard Kurkowski CC: Gabe Caliendo Lee Weintraub 3�- .. _. LEGAL FORMS Apr*1960 . �\ • WARRANTY DEED ) SLtutory(ILLINOIS) • (Individual to Individual) \ CAUTION:Coma■Wwyar Wlcn umV a aMV und"ft.lam. M warrant..rrkx"mvcMntab*V and ft*","*naiad. THEGRANTORS, ROYCE V. LAWSON and KAY L. co LAWSON, his wife rn v Mn I rn� ofthe3Lilla2e of Oak Brook Countyof DuPage oc Q, State of not 5 for and in consideration of = r� s TEN and no/100----------------------- —' c1r l t --------------------------------DOLLARS, -{ in hand paid, J CONVEY_and WARRANT_to \ RICHARD M. KURKOWSKI, Divorced and not 0 430 S. Illinois Ave. since remarried Villa Park, Illinois 60181 (The Above For Record'ri Use Only) (NAME AND ADDRESS OF GRANTEE) the following described Real Estate situated in the County of DuPage in the Qm�, State of Illinois,to wit: c Lot 83 and the East 3 feet of Lot 84 in Timber Trail Estates z _ h Unit One, being a Subdivision of part of the Northeast 1/4 of �'v off ' V I 1� Section 23, Township 39 North, Range 11, East of the Third T •a Principal Meridian, according to the Plat thereto recorded October 16, 1946 as Document 508928, in DuPage County, Illinois. ca i Q F N z Z 0: 0 Permanent Tax No. z m O hereby releasing and waiving all rights under and by virtue of the Homestead Exemption Laws of the State of Illinois. X DATED this 29th day of May 1986 PLEASE za (SEAL) � SEAL) ti PRINIOR oy a V. Lawson Kay L. Lawson TYPE NAME(S) BELOW (SEAL) (SEAL)'rj ;'��, ' SIGNATURE(S) State gf.Iilieois,County of DuPage ss. I,the undersigned,a Notary Public in and for(�1 4 said County,in the State aforesaid,DO HEREBY CERTIFY that Royce V. t t• Lawson and Kay L. Lawson, his wife are �� f• I. '•.F personally known to me to be the same person_S__whose names are subscribed IMPRESS.°` to the foregoing instrument,appeared before me this day in person,and acknowl- SEAL `,r edged that t h e V signed,sealed and delivered the said instrument as their HERE ^ free and voluntary act,for the uses and purposes therein set forth,including the release and waiver of the right of homestead. Given under my hand and official seal,this 29th day of May 19$52 i. Commission expires December 2 19-L9 NOTARY PUBLIC I - Thisinstrumentwaspreparedby .Tames L Evertts, 700 E O en. Westmont, IL (NAME AND ADDfi ) _ 60559 f ADDRESS OF MWERTY: Dennis McNicholas, Esq. 183 Timber Trail Drive Manganzini, M"ahon & McNich las Oak Brook, Illinois 60521 FOR THE VE ADDRESS MAIL TO: 315 West St. Charles Rd. ONLY ABND IS NOT PA ARTS OF THIS D ED.CAL PURPOSES (A"—' SEND SUBSEQUENT TAX 8615 TO: Lombard, Illinois 60148 Richard Kur kowski ,l(�� (C4V.SIN*old ZIP) 183 Timber TIM'il Drive / 1 OR RECORDER'S OFFICE BOX NO. eak Bruck, =tiuts �y pus . _. ■I non frerrrf 'aAOM srrr�l�6 '. oN MOA1AMr1f ONV1 CXV"&M=MOM rm OGUAM M _ AMMM�r 111MIr�� T GA N n'•�. -moron SKI r0 . '!I ^'Iv,`• MOLLVI-4252M.M y7fMM07 V M N N)AYMO 03Y3H R. . SE•'�lvr lo'L ablu ONv iLldJO>N Q3nIMXfO aAOnv .F '0Ti T 1!: 7M•L OLAfAMN 31AVM LA 1V U A Af�H •! .//ffJ no,s•a..t� .n J'.•• 5 i 6�� 5 h { woNm� io uvis .,,. p�.,�Ny�gCl lnrrQ iwtil na�Mr�l srr17 »s1wfJ � C O� • Ot-IF 1 Sol I e I � O i Mwl frr��urg ,09 -n I o - � - •l I I I -- t w..+iis/nr y�� 91-71 i0'TI • ' Wes+ aND•ro•r�l1 ••+f -L-8 PA soma V sfwfo��fa *s/1►g � N � ifnf L• ��/ gyp�►Vwr+r! ~ 7-W A'i 4A& - _ r I [ Y ES lol , AIVIS . r� �"' �x,�►,vim l —' — — a ,�, 1M 3 W 3s�f3 701 s rdVW AL Y �,�•^-'•'\ eo+ •I "ON 1►i7MM�00 =: 1011I13i ' y►K16� 39Id HO til 0 Zb805 r ..' s,,,.' t_ Sy If#3T "9I tf�901?b r0 �'�.AT-Id 3K 01 9:N I cldco�v 'MYtdi Y2N 3 �, I71I11N QnIK1 3H1 !0 LSYi '� ':4 kOM 6� ilttSNM01 '4L 1�3L S. . •:_ S .. lillWf� 15#f ]Hl'�iQ y 5 � _ }l�i t •,_ ` N�-411ypp�'�11 ��J1 y�� L7_• �� A�v v. - -. _ lk b OPA 204049 (}✓''"- ��' OPA Q� y Serial No. 2040492 D I I OWNER TITLE INSURANCE POLICY D Attorneys' Title Guaranty Fund, Inc. CHAMPAIGN, ILLINOIS H SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, :A Attorneys'Title Guaranty Fund,Inc.,an Illinois Corporation,herein called The Fund,insures, =� as of the Effective Date of policy shown in Schedule A,against loss or damage,not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which The Fund may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated p therein; N --� 2. Any defect in or lien or encumbrance on such title;or R1- r } D 3. Lack of a right of access to and from the land; or 4. Unmarketability of such title. f 1 .� In Witness Whereof. Attorneys'Title Guaranty Fund.Inc.,has caused this policy to be signed and sealed in its name by its Executive Vice President,by direction of its Board of Directors,to become binding when countersigned by a member of The Fund. `. v ✓. CU4# ,.•°��.POf,�t Z .a�;4 f SEAL .r'( rrnnuutuaNP �� Attorneys'Title Guaranty Fund Inc. ISSUED BY , By ' D LAY OFFIm OF nnNAT.D O_ NFURSTUMM Michael J. Rooney .A F' FUND FORM 104 Executive Vice President N OPA COVER(REV. I1194) 3� EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in r ownership or a reduction in the dimensions or area of the land,or the effect of any violation of any such law,ordinance *. or governmental regulation. z 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Effective Date of policy. i t 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant;(b)not known to The Fund and not shown by the public recordsbut known to the insured claimant either at Effective Date of policy or at the date such claimant acquired an estate or interest insured by this policy and i not disclosed in writing by the insured claimant to The Fund prior to the date such insured claimant became an insured hereunder;(c)resulting in no loss or damage to the insured claimant;(d)attaching or created subsequent to Effective Date of policy;or(e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. i S( NFTIr r F 361 5 SCHEDULE A 1 ' Policy No.: OPA 2040492 Effective Date: June 16, 1986 Amount of Insurance: $245, 000 . 00 1. Name of Insured: RICH AN X. >[1;II OW3KI, diverted and not since rema--rigid 2. The estate or interest in the land described herein and which is covered by this policy is, at the effective date ; hereof,vested in the named insured and is a fee simple (if other, specify same: 3. The land referred to in this policy is described as follows: t Lot 83 and the Bast 3 feet of Lot 84 in Timber Trail Estates 1 Unit One, being a Subdivision of part of the Northeast 1/4 of Section 23 , Township 39 North, Range 11 , last of the Third Principal Meridian, according to the Plat thereto recorded 1 October 16, 1946 as Document 508928, in DuPage County, Illinois. I' ISSUED BY LkW O"ICW OF 115 "L (Attorney or Firm of Attorneys) MEMBER NO SIGNATURE OF ATfORNEY 700 East Ogden Avenue Westmont -, Illinois 60559 (Mailing Address (City) (Zip) FUND FORM 1 R5 � o. sciL A-(REV.5186) 3 r-r-,rwv c-"rNr�R rVK r r SCHEDULE B -__. �ll, Policy No.: OPA 2040492 This policy does not insure against loss or damage by reason of the following exceptions: STANDARD EXCEPTIONS ( 1 ) Rights or claims of parties in possession not shown by the public records. ( 2) Encroachments, overlaps, boundary line disputes, and any matters which would be disclosed by an accurate survey and inspection of the premises. ( 3 ) Easements,or claims of easements,not shown by the public records. (4) Any lien,or right to alien,for services,labor,or material heretofore or hereafter furnished,imposed by law and not shown by the public records. (5) Taxes or special assessments which are not shown as existing liens by the public records. X.. SPECIAL EXCEPTIONS 1. The lien of taxes for the year .. 1985 and ther4fter. ' Permanent z Index Number 06-23-208-0:o 1985 taxes 1st i Aal a 1t $1115.1.1 has been paid 2nd r � �e1 ,GfL $1115.1 : has not been paid Real Estate Taxes prior toQ1985 have been s_ aid. 2. Mortgage da d May 29, 1 6 and record V June 16, 1986 as Document No. 86-61240 ma by Richard urkowski, divorced and not sine remarried, o Lyons Mor age Corporation, to secure an inde edness of 140,000.00 v 3. Building setback inE_�f--5A-feet (6om the North lot line) as shown on th at 0f :subdivi-sioh. 4 . Easements 'tforu #� i and drainage over, upon and under the South 0 Pee Qf:_ a land, as shown on the plat Of subdivis11oa,---' 5. Covenants and restrictions contained in the declaration recorded as Document 522996, relating to size of buildings, location of poultry houses, building plans must be approved by committee. END OF SCHEDULE B 1115 Member No. Signature of A tomey / O NO FORM 106 — OWNER uM.B. (REV. 7/a3) • F: Attorneys Title Guaranty Fund, Inc. 1 Policy No. OPA 2040492 STANDARD EXCEPTION WAIVER ENDORSEMENT ,f c lr Standard Exceptions 1-5 have been deleted. 1 - tj Yf } 4 t k : Nothing herein contained shall be construed as extending or changing the Effective Date of policy. This endorsement is made a part of said policy and is subject to the schedules and conditions and stipulations therein,except as modified by the provisions hereof. 14�11 Attorneys'Title Guaranty Fund. Inc. v0 won lF SEAL ? By Michael J. Rooney N•.«„„,,,.•N Executive Vice-President June 16 , 1986 1115yL , DATED MEMBER NO. SIGN TURF OF ATTQRNEY FUND FORM 313(REV.7183) FORM E WAIVER END. 3D - ENDORSEMENT • k' Attorneys' Title Guaranty Fund, Inc. Policy No.: OPA 2040492 INFLATION ENDORSEMENT The Fund,recognizing the current effect of inflation on real property valuation and intending to provide additional monetary protection to the insured Owner named in said policy,hereby modifes said policy, as follows: 1. Notwithstanding anything contained in said policy to the contrary,the amount of insurance provided by said policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the manner and to the extent hereinafter specified. 2. "Adjustment Date"is defined,for the purpose of this endorsement,to be 12:01 a.m. r on the first January I which occurs more than six months after the Effective Date of policy,shown in Schedule A of the policy to which this endorsement is attached, and on each succeeding January 1. 3. An upward adjustment will be made on each of the Adjustment Dates,as defined above,by increasing the maximum amount of insurance provided by said policy(as said amount may have been increased theretofore under the terms of this endorsement) by the same percentage, if any, by which the United States Department of Commerce Composite Construction Cost Index(base period 1967) for the month of September immediately preceding exceeds such Index for the month of September one year earlier; provided, however, that the maximum amount of insurance in force shall never exceed 150%of the amount of insurance stated in Schedule A of said policy, less the amount of any claim paid under said policy which, under the terms of the conditions and stipulations, reduces the i amount of insurance in force.There shall be no annual adjustment in the amount of l insurance for years in which there is no increase in said Construction Cost Index. 4. In the settlement of any claim against The Fund under said policy,the amount of insurance in force shall be deemed to be the amount which is in force as of the date on which the insured claimant first learned of the assertion or possible assertion of such claim,or as of the date of receipt by The Fund of the first notice of such claim, whichever shall first occur. Nothing herein contained shall be construed as extending or changing the Effective Date of policy. This endorsement is made a part of said policy and is subject to the schedules and conditions and stipulations therein, except as modified by the provisions hereof. eot� �r°; Attorneys'Title Guaranty Fund, Inc. '�tf:•.� SEAL By �-7 �~ ! 7 Z'A011 Michael J. Rooney Executive Vice-President June 16 , 1986 1115 DATED MEMBER NO. SIGNATURE OF A RNEY FUND FORM 201 (REV.6 83) INFLATION END. �� l > CONDITIONS AND STIPULATION 1. Definition of Terms of this policy,whether or not it shall be liable thereunder,and The following terms when used in this policy mean: shall not thereby concede liability or waive any provision of this (a) "insured":the insured named in Schedule A,and,subject policy• to any rights or defenses The Fund may have had against the (d) Whenever The Fund shall have brought any action or named insured,those who succeed to the interest of such insured interposed a defense as required or permitted by the provisions by operation of law as distinguished from purchase including, of this policy,The Fund may pursue any such litigation to final but not limited to, heirs, distributees, devisees, survivors, determination by a court of competent jurisdiction and expressly personal representatives,next of kin,or corporate or fiduciary reserves the right in its sole discretion, to appeal from any successors. adverse judgment or order. (b) "insured claimant":an insured claiming loss or damage (e) In all cases where this policy permits or requires The Fund hereunder. to prosecute or provide for the defense of any action or (c) "knowledge":actual knowledge,not constructive knowl- proceeding,the insured hereunder shall secure to The Fund the edge or notice which may be imputed to an insured by reason of right to so prosecute or provide defense in such action or any public records. proceeding,and all appeals therein,and permit The Fund to use, (d) "land":the land described,specifically or by reference in at its option, the name of such insured for such purpose. Schedule A, and improvements affixed thereto which by law Whenever requested by The Fund,such insured shall give The constitute real property; provided, however, the term "land" Fund all reasonable aid in any such action or proceeding, in does not include any property beyond the lines of the area effecting settlement,securing evidence, obtaining witnesses, or specifically described or referred to in Schedule A,nor any right, prosecuting or defending such action or proceeding, and The title, interest, estate or easement in abutting streets, roads, Fund shall reimburse such insured for any expense so incurred. avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and 4. Notice of Loss—Limitation of Action ' from the land is insured by this policy. In addition to the notices required under paragraph 3(b)of (e) "mortgage":mortgage,deed of trust,trust deed,or other these Conditions and Stipulations,a statement in writing of any security instrument. loss or damage for which it is claimed The Fund is liable under (f) 'public records": those records which by law impart this policy shall be furnished to The Fund within 90 days after constructive notice of matters relating to said land. such loss or damage shall have been determined and no right of action shall accrue to an insured claimant until 30 days after t- 2. Continuation of Insurance after Conveyance of Title such statement shall have been furnished. Failure to furnish The coverage of this policy shall continue in force as of such statement of loss or damage shall terminate any liability of Effective Date of policy in favor of an insured so long as such The Fund under this policy as to such loss or damage. insured retains an estate or interest in the land, or holds an I indebtedness secured by a purchase money mortgage given by a 5. Options To Pay or Otherwise Settle Claims purchaser from such insured, or so long as such insured shall The Fund shall have the option to pay or otherwise settle for have liability by reason of covenants of warranty made by such or in the name of an insured claimant any claim insured against E insured in any transfer or conveyance of such estate or interest; or to terminate all liability and obligations of The Fund provided, however, this polity shall not continue in force in hereunder by paying or tendering payment of the amount of favor of any purchaser from such insured of either said estate or insurance under this policy together with any costs,attorneys' ¢, interest or the indebtedness secured by a purchase money fees and expenses incurred up to the time of such payment or mortgage given to such insured. tender of payment,by the insured claimant and authorized by 3. Defense and Prosecution of Actions—Notice of Claim The Fund. To Be Given by an Insured Claimant 6. Determination and Payment Lou (a) The Fund,at its own cost and without undue delay,shall (a) The liability of The Fund under this policy shall in no case provide for the defense of an insured in all litigation consisting exceed the least of. of actions or proceedings commenced against such insured to the extent that such litigation is founded upon an alleged defect, (i) the actual loss of the insured claimant;or lien, encumbrance, or other matter insured against by this (ii) the amount of insurance stated in Schedule A. policy. (b) The Fund will pay,in addition to any loss insured against (b) The insured shall notify The Fund promptly in writing by this policy, all costs imposed upon an insured in litigation (i) in case any action or proceeding is begun as set forth in(a) carried on by The Fund for such insured, and all costs, above,(ii)in case knowledge shall come to an insured hereunder attorneys' fees and expenses in litigation carried on by such of any claim of title or interest which is adverse to the title to the insured with the written authorization of The Fund. estate or interest as insured, and which might cause loss or (c) When liability has been definitely fixed in accordance damage for which The Fund may be liable by virtue of this with the conditions of this policy, the loss or damage shall be policy, or (iii) if title to the estate or interest, as insured, is payable within 30 days thereafter. rejected as unmarketable. If such prompt notice shall not be given to The Fund, then as to such insured all liability of The 7. Limitation of Liability Fund shall cease and terminate in regard to the matter or No claim shall arise or be maintainable under this policy(a)if matters for which such prompt notice is required; provided, The Fund,after having received notice of an alleged defect,lien however, that failure to notify shall in no case prejudice the or encumbrance insured against hereunder, by litigation or rights of any such insured under this policy unless The Fund otherwise,removes such defect,lien or encumbrance or estab- shall be prejudiced by such failure and then only to the extent of lishes the title,as insured,within a reasonable time after receipt such prejudice. of such notice;(b)in the event of litigation until there has been a (c) The Fund shall have the right at its own cost to institute final determination by a court of competent jurisdiction, and and without undue delay prosecute any action or proceeding or disposition of all appeals therefrom, adverse to the title, as to do any other act which in its opinion may be necessary or insured, as provided in paragraph 3 hereof;or(c)for liability desirable to establish the title to the estate or interest as insured, voluntarily assumed by an insured in settling any claim or suit and The Fund may take any appropriate action under the terms without prior written consent of The Fund. CONDITIONS AND STIPULATIONS(continued on reverse side) OONDITIONS AND STIPULATIONS (cotnued) ` S. Reduction of Liability by any act of the insured claimant. The Fund shall be All payments under this policy, except payments made for subrogated to and be entitled to all rights and remedies which costs,attorneys'fees and expenses, shall reduce the amount of such insured claimant would have had against any person or the insurance pro tanto. No payment shall be made without property in respect to such claim had this policy not been issued, producing this policy for endorsement of such payment unless and if requested by The Fund, such insured claimant shall the policy be lost or destroyed,in which case proof of such loss transfer to The Fund all rights and remedies against any person or destruction shall be furnished to the satisfaction of The Fund. or property necessary in order to perfect such right of subroga- tion and shall permit The Fund to use the name of such insured 9. Liability Noncumulative claimant in any transaction or litigation involving such rights or It is expressly understood that the amount of insurance under remedies.If the payment does not cover the loss of such insured this policy shall be reduced by any amount 3tihe Fund may pay claimant, The Fund shall be subrogated to such rights and under any policy insuring either (a) a mortgage shown or remedies in the proportion which said payment bears to the referred to in Schedule B hereof which is a lien on the estate or amount of said loss. If loss should result from any act of such interest covered by this policy, or (b) a mortgage hereafter insured claimant, such act shall not void this policy, but The executed by an insured which is a charge or lien on the estate or Fund,in that event,shall be required to pay only that part of any interest described or referred to in Schedule A,and the amount losses insured against hereunder which shall exceed the amount, so paid shall be deemed a payment under this policy.The Fund if any,lost to The Fund by reason of the impairment of the right shall have the option to apply to the payment of any such of subrogation. mortgages any amount that otherwise would be payable here- under to the insured owner of the estate or interest covered by 12. Liability Limited to This Policy this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. This instrument together with all endorsements and other instruments,if any,attached hereto by The Fund is the entire 10. Apportionment policy and contract between the insured and The Fund. If the land described in Schedule A consists of two or more Any claim of loss or damage, whether or not based on parcels which are not used as a single site, and a loss is negligence,and which arises out of the status of the title to the established affecting one or more of said parcels but not all,the estate or interest covered hereby or any action asserting such loss shall be computed and settled on a pro rata basis as if the claim,shall be restricted to the provisions and Conditions and amount of insurance under this policy was divided pro rata as to Stipulations of this policy. the value on Effective Date of policy of each separate parcel to No amendment of or endorsement to this policy can be made the whole,exclusive of any improvements made subsequent to except by writing endorsed hereon or attached hereto signed by Effective Date of policy,unless a liability or value has otherwise a member of Attorneys'Title Guaranty Fund,Inc. been agreed upon as to each parcel by The Fund and the insured at the time of the issuance of this policy and shown by an express 13. Notices, Where Sent statement herein or by an endorsement attached hereto. All notices required to be given The Fund and any statement 11. Subrogation Upon Payment or Settlement in writing required to be furnished The Fund shall be addressed Whenever The Fund shall have settled a claim under this to its principal office at 2408 Windsor Place, P.O. Box 3036, policy,all right of subrogation shall vest in The Fund unaffected Champaign, Illinois 61821. Z F' Z CO C zm D m � � �� t O r zz �. F r m F� n r, A •� F t'\ T PUBLISHER'S CERTIFICATE THIS IS TO CERTIFY That the notice, a true copy of which is attached to this certificate, was published in THE DOINGS once each week for . o n e . . , , weeks sucessively; that the date of the first publication was the . .1.8 t h. . , . . day of . . u 1 Y. . . . . A.D. 199q . . . .,and that the date of the last publication was the . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . A.D. 19 . . . . . AND IT IS FURTHER CERTIFIED That THE DOINGS is a secular newspaper of general circulation, published weekly in the Villages of Hinsdale, Clarendon Hills, Oak Brook, Burr Ridge, Willowbrook and Cities of Darien and Oakbrook Terrace and circulated generally in the Villages of Hinsdale,Clarendon Hills,Oak Brook,Burr Ridge,Willowbrook and Cities of Darien and Oakbrook Terrace and adjacent unincorporated and incorporated areas, and in DuPage and Cook Counties, Illinois, and in other areas; that said THE DOINGS is a "newspaper"as defined by the Illinois Statutes made and provided for such situations,to wit;by Section 5 of"An Act to revise the law in relation to notices," 1874, Feb. 13, R.S. 1874, p. 723, § 5,as amended 1959,Ju- ly 17, Laws 1959,p. 1494, § 1;and is also a"newspaper"as defined by Section 1 of"An Act con- cerning the publication of legal notices," 1909, June 8, Laws 1909,p. 288, § 1,as amended 1927, June 29, Laws 1927, p. 603, § 1, and as further amended 1945, April 12, Laws 1945, p. 1089, § 1, and as further amended in 1957, July 9, Laws 1957, p. 2270, § 1, and as further amended 1959, July 17, Laws 1959, p. 1496, § 1; and that said THE DOINGS has been continuously published at regular intervals of at least once each week with a minimum of 50 issues per year for over one year prior to the first publication of the attached notice. IN WITNESS WHEREOF, one of the co-publishers of said THE DOINGS has affixed his hand and seal this . . . . . . . . . . 19th. . . . . . . . . . . . . . day of . . . . . . . . . �u 1.Y. . . . . . . . . . . . . . ., A.D. 19 9�. . . . --------O OF O NOTICE BROOK . 6 DU PAGE AND COOK COUNTIES,ILLINOIS NOTICE OF PUBLIC HEARING . , • , ' • • • • , NOTICE IS HEREBY GIVEN that•public rorl:j before the Zoning Board of Appals of the Village of Oak Brook, DuPage and Cook Counties,Illinois,will be held on August 7,1080 at 730 m In the Oak Brook Village Hall,12 Oak Brook Road,IIIPnols, 00 for the Purpose of considering the ap plicatlon of Richard Kurhowskl for a vadatkxt u provided . . . under Section XIII(G)of the Zoning Ordinance of the Village of Oak Brook,Illinois,Ordinance(id0,as amended I Publisher A variation to the following section of the Zoning Or- U %. 0 dinance Is requested:1)A variation from the provisions of Section VIggI6)(b1 to perrnit construction of an addition err V croaching approxlmatey 2'Into the 12'required side yard. The property may be ly described as 183 Timber Troll Drlvs,Oak Brook,Itwnols,and the legal dsscrlptlon Is as follows: Lot 83 and the Easterly 3'of Lot 84 In Timber Trails Estates Unit No.1,being a subdivision of part of the Northeast Quarter of Section 23,Township 39 North, Range 11 East of the Third Principal Merldlan,according to Ms plat recorded October 18,1948 as Document No. 508928 In DuPage Coummyy Illinois. Permanent Parosl No.gfLll3.2g8 6. All persons desiring to be heard In support of or In opposi- tion to the proposed variation or any provision thereof,will be afforded an opportunity to do so and may submit their statements orally or In writing or both.The hearing may be recessed to another date If notice of time and place thereof Is publicly announced at the hearing or Is giver, by newspaper publication not less than five(5)days prior to the date of the recessed hearing. Linda ge la Village Clo Clerk Published at the direction of the Corporate Authorities and the Zoning Board of Appeals of the Village of Oak Brook, DuPage and Cook Counties,Illinois. Puhllnhad In The Dolnas July 18.1990. 6�OF O,4Ar G � r� C�COUNt�'`� VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 July 18, 1990 708 990-3000 Dear Resident: The Oak Brook Plan Commission and/or Zoning Board of Appeals, and the Village Board will be considering a: Preliminary Plat Final Plat X Variation Special Use Zoning Amendment at the meetings as scheduled on the reverse side of this notice. The application has been filed by: Richard Kurkowski Relationship of Applicant to Property: Owner The property in question is situated at: 183 Timber Trail Drive 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: A variation from the provisions of Section VII(E)(8)(b) to permit construction of an addition encroaching approximately 2' into the 12' required side yard. 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. Plan Commission Meeting . . . . . . . . . . . . . . 7:30 p.m. Monday N/A Zoning Board of Appeals 7:30 p.m. Tuesday August 7, 1990 Board of Trustees Meeting . . . . . . . . . . . . 7:30 p.m. Tuesday August 28, 1990 MAP OF AREA TIM EQ DRIVE owvt n 1� 74 Z 100 10Z I�atwo" 01 t 11Z 1°1 m 117 KO i Off IZt ►�4 a ° - 131 124 ° ; 131 ILL q t 133 Ns owscN .s.� owns 145 0171 131 39 ti sal l 43 55 � 41 97 OL r89 83 75 t>4 �0 3R � ses 330 S41 rcww. L.Aw � 3x 1 9e1 811807 *AGE OF OAK BROOK Minutes -94 July 10, 1990 To concur with President Cerne, Local Liquor Commissioner, and authorize the issuance of a One-Day Class "D" Liquor License at a cost of $100.00 to Catering by Michael's for their event to be held on the Sports Core on August 5, 1990 subject to completion of the required background check by the Police Department, proof of appropriate insurance and payment of the required license fee. VOICE VOTE: All present, in favor. So ordered. G. Referrals: With no objections, President Cerne made the following referrals: 1. Bode - Front & Side Yard Variation — Referred to the Zoning Board of Appeals meeting of August 7, 1990. 2. Bode - Flood Plain Spacial Use -- Referred to the Plan Commission meeting of July 16, 1990 and the Zoning Board of Appeals meeting of August 7, 1990. 3. Kurkowski - Side Yard Variation -- Referred to the Zoning Board of Appeals meeting of August 7, 1990. 4. Wendland - Special Use Re: Clinic -- Referred to the Plan Commission meeting of July 16, 1990 and the Zoning Board of Appeals meeting of August 7, 1990. VIII. ADJOURNMENT: Trustee Rush moved, seconded by Trustee Maher... To adjourn this meeting. TIME: 9:48 p.m. VOICE VOTE: All present, in favor. So ordered. ATTEST: - l Linda K. Gonnella Village Clerk Approved VILLAGE OF OAK BROOK Minutes -9- July 10, 1990 Dear Mr. Kappf: July 27, 1990 After several communications with the building engineers, I was advised to object to the requests of the variation from the provisions of Section VII (E) (8) (b) ,which permits construction of an addition encro- aching approximately two feet into the twelve feet required side yard, because this will cause a limitation of access to my own property. Also, I would like to emphasize that Mr. Richard Kurkowski should extend his drainage tile down the entire length of his lot line to reduce flooding on my property. In addition, I will be attending the Zoning Board of Appeals meeting on Tuesday August 7, 1990 at 7:30 p.m. Hope you understand my concern in this matter. Sincerely Yours G S. NA B, D D. Bruce F. Kappf Assistant to Village Manager Village of Oak Brook 1200 Oak Brook Road Oak Brook, ILL 60521-2255 4 GAMAL S. NAGUIB, D.M.D. ,205 TIMBER TRAILS DR. OAK BROOK, ILL 60521 V1 L LA —. OF ZONING : _ 1NANC[i FU)0U PLAIN ;f OAK BROOK I "�°•`�} 1200 OAK BROOK ROAD � � APPEAL VARIATION ,.� OAK BROOK, ILLINOIS 60521 $100 L—J $300 99.0-.3000 �j VARIATION f'--� SPECIAL USE —�F $300 L—_ $675 APPLICATION FOR PUBLIC HEARING AMENDMENT TO BE FILED WI111 VILLAGE CLERK $650 SPECIAL USE $400 (Section 2-225, 8/11/81) -------------------------------------------------------------------------------------------------- AI.L APPLICATIONS MUST BE ACCOMPANIED BY PROPER FEE, PLAT OF SURVEY, AND (18) COPIES OF A ,SCALE DRAWING, SHOWING ALL PERTINENT APPLICABLE INFORMATION, i.e. , PROPERTY LINES, EXISTING BUILDINGS, LOCATION OF PROPOSED CONSTRUCTION, ANY BUILDINGS ON ADJACENT PROPERTY WITHIN 100 FEET OF SUBJECT PROPERTY. -------------------------------------------------------------------------------------------------- Do NOT WRITE IN 11IIS SPACE -- ' FOR OFFICE USE ONLY , Date Filed: -AS- p' Board of Trustees Referral /D -`jz) Notice Published: Newspaper: ' Date Adjacent Property Owners Notified$ -�10 Staff Referral= Public Hearing Dates: Plan Commission Zoning Board of Appeals - 7- 1/0 Board. of Trustees -2 8 -fz--) Board of Trustees - i,� (Approval of Ordinance) FEE PAID: $ Receipt No. : Received By: Z 4-, Village Clerk ------------------------------------------- --------------------------------------------------------- �.;j,%; APPLICANT TO COMPLETE 1. PERMANENT 'PARCEL NUMBER O6 "ZD�D2a LOCATION OF SUBJECT:PROPERTY . LOT NO. ��J SUBDIVISION'' TATS S' +�I ADDRESS 163 Tim 1361- TF-A I V D R I V E ZONING 1Z -3 ZONING ORDINANCE SECTION ACTION REQUESTED VVAIV1-E 5NGflu.o 5IPC`1-kI<0 FERyIRf~INPrr 'M 'ACcyMoDA-r Ka 56V I Q- F- S L orb U C� tA 1 10 PL.UrA59 No !je -r V(t,P I N(, 5TS&C'Cu 9�65 SDr'Ct S 1L1 file 12'ri" M I P) PROPERTY INTEREST OF APPLICANT: OWNER CONTRACT PURCHASER AGENT I= #'w► 'IO8-53o-5Sgq OWNER(S) OF RECORD ?•l c 14 A-R p k U lz k a LOS K I PHONE NUMBER Wh 31-1-8 7.1 81B X ADDRESS 145 TIM 55P- TF•a11- V91VB I ZIP (005,11 BENEFICIARY(IES) OF TRUST: 1 : PHONE NUMBER '108 ADDRESS ,ZIP 1 NAME OF APPLICANT SAM-S' AS AP�o v C t PHONE NUMBER ADDRESS ZIP �t 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. 1 I -�s gnature) Applicant V Date signature Applicant Date I NOTICE TO APPLICANTS Filing Schedule VARIATION:' FV- ST BE RECEIVED APPROXIMATELY SIX (6) WEEKS PRIOR TO '1111, PUBLIC HEARING HELD ON ME FIRST TUESDAY OF EACII 1`ION'fll. AMENDMENT OR SPECIAL USE: MUST BE RECEIVED PRIOR TO THE 15711 OF ME "III FOR PLAN G144ISSION IIIIARING ON 1110 THIRD MJNDAY OF 1111: FOLLOWING MDN111, WITII ZONING BOARD PUBLIC HEARING TO FOLLOW. A Variation is a zoning adjustment which permits minor changes of district require- ments 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 prop- erties to enjoy equal opportunities with properties similarly zoned. You must prove that your land is affected by special circumstances or unusual conditions. lbese must result in uncommon hardship and unequal treatment under the strict ap- plication of the Zoning Ordinance. Where hardship conditions extend to other prop- erties 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 applica- tion for a Variation: (1) Proof that a Variation would increase the financial re- turn from the land, (2) Personal hardship, (3) Self-imposed hardship. 'In the last c,isc, the recognition of conditions created after the enactment of the Zoning Ordi- nance would encourage and condone violation of the law. 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 Ownerp I-ollowing 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. Name Address 205" T1n�3oK TRM� � DR, T-/r%ariet TPArc DA TC 1 5EAJ 201f 7W 1,J OA(c1' POLL vr, G2ae�R�� nARn� 9 (� neot it y cam}" FfrTS .10 PGARY C,1+►J''!< I t fnBElt rAA(c. Aa I do GA S� m-gesot T RA,c 0 A i - l FFotf RD M. KURKOWSKI 2 2 8 p- 183 TIMBER TRAIL DR. K BROOK, IL 60521 2-3710 19 90 ?Order to E QF O/k K Q d�a K $ 00.00 dtP ars ru inental .Bank alle Street,Chicago,Illinois 60697 ,,,e„ot/iA�cA Nc� ©crfr:- 1:07L000039i: 83111654L5II' 2282 I j (O RECEIVED DESCRIPTION BY: RECEIPT DATE NAME g CHECKS g CASH NUMBER it INVALID WITHOUT �f " VILLAGE OF OAK BROOK 69910 SIGNATURE 1200 OAK BROOK ROAD o OAK BROOK, ILLINOIS PHONE: (312) 990-3000 r u n TAIN THIS RECEIPT R YOUR RECORDS RD BUSINESS SYSTEMS - VILLAGE OF OAK BROOK Minutes _2_ October 23, 1990 I' I E. RESOLUTION no. 8-512 A RESOLUTION APPROVING THE FINAL PLAT KNOWN AS XORY. LAKE SUBDIVISION: Direction given at trA Regular Meeting of October 9, 1990. Trustee Minters moved, seconded by Trustee Payovich to pass Resolution No. R-512 as presented and waive the full reading thereof. Roll Call Votes Ayes$ 7-Trustees Bartecki, bushy, Maher, Payovichr Rush, Winters and President Carne Nays: 0-None Absent: 0-640ne Notion carried. C. RZSOLUTION WO. R--513 A RESOLUTION APPROVING TIMBER TRAILS ASSESRI WT PLAT (yss 2 •�WSKI : Direction given at the Regular Meeting of October 9, 1990- Trustee Minters moved, seconded by Trustee Maher to pass Resolution Na. R-513 as presented and waive the full reading thereof. Roll Call Vote: ;� Ayes$ 7-Trustees Bartecki, Mushy, Maher, Payovichr Rush, Winters $d President Carne I Nays$ 0-None Absents 0-None 4otion carried. IV. FIB= A. Treasurer's Report$ Revere Expenses Fund_Shcance Corporate Fund $778,768.12 $592,268.70 $5,890,908.27 Motor Fuel Tax Fund 33,150.23 7,66552 316,338.22 Reserve/Capital Purchases 1,016.45 ]1,316..99 248,790.41 -0- b53,511.18 Debt Service Fund 277,635.72 Sports Core Fund 142,695.41 193,676.22 65,992.85 Mater Fund 364,848.43 304,984.40 5,087,118.57 Fire Pension Fund 47,240.25 20,283.78 7,573,495.36 Police Pension Fund 55,326.76 15,395.58 7,080,337-.47 �I Trustee Bartecki moved, seconded by Trustee Rush to approve the Treasurer's Report for the Month of September, 1990 as presented. Voice Vote: all ayes, no nays. Motion carried. I' l V. OLD BUSINESS$ 1i. U-°ate on South Roosevelt Frontage Road: Direction given at the Regular Meeting of June 12, 1990. i ii 'i j VILLAaS OF OAK BROOK Minutes -2- October 23, 1990