S-274 - 03/27/1973 - ZONING -VARIATION - Ordinances °
All
ORDINANCE NO. r t 0M+ �.
AN ORDINANCE GRANTING'A VARIATION TO S6DE
THE RULES AND REGULATIONS OF "THE PRRKI�W
s � ZONING ORDINANCE OF THE VILLAGE OF
OAK BROOK, ILLINOIS, OF 1966", AS AMENDED 100_00q
Whereas, the owner of the property more particularly herein-
after described has petitioned the corporate authorities of the
Village of Oak Brook for a variation to the rules and regulations
of "The Zoning Ordinance of the Village of Oak Brook, Illinois,
of 1966", as amended, with respect to side yard parking require-
ments; and
Whereas, a public hearing pursuant to said request has been
held by the Zoning Board of Appeals of the Village of Oak Brook;
and
Whereas, the President and Board of Trustees of the Village
of Oak Brook have reviewed the proceedings and are of the opinion
that a variation should be granted;
NOW,THEREFORE, BE IT ORDAINED by the President and Board of
Trustees of the Village of Oak Brook, DuPage County, Illinois, as
follows:
Section 1. That the applicable rules and regulations of "The
Zoning Ord`ance of the Village of Oak Brook, Illinois, of 1966",
as amended, contained in Section XI, Article E-7 are hereby varied
to permit parking in the side yard as shown on Sheet A-1, Job No.
72-103 as prepared by Peter M. Tsolinas & Associates, Architects
and Engineers, dated January 5, 1973, upon the hereinafter described
realty.
Section 2. The real estate affected hereby is legally de-
scribe ads, to-wit:
That part of Lot 6 in Oak Brook Investment Company
Assessment Plat No. 4 of part of the Fast Half of Section
23 and of Part of the Northwest quarter of Section 26,
Township 39 North, Range 11, East of the Third Principal
Meridian, according to the Plat thereof recorded July 8,
1964 as Document R64-24072, lying West of the West line
of the following described property:
Commencing at the Northeast corner of said Northwest
quarter of Section 26; thence Southerly along the Half
Section line a distance of 7.78 feet to the South Right-
of-Way line of 22nd Street (before widening) ; thence
South 89 Degrees 37 Minutes 38 Seconds West along said
Right-of-Way line of 22nd Street (before widening) a
distance of 77.17 feet; thence South 0 degrees 35 Minutes
48 Seconds East, a distance of 25.0 feet to a point on the
South Right-of-Way line of 22nd Street (as widened by
Document R61-34112) ; thence South 83 Degrees 37 Minutes
38 Seconds West along said South Right-of-Way line of
22nd Street (as widened by Document R61-34112) a distance
of 559.40 feet to the Westerly limit of said widening
by Document R61-34112; thence North 0 Degrees 22 Minutes
22 Seconds West along said Westerly limit of said widen-
ing a distance of 25.0 feet to a point on the South Right-
of-Way line of 22nd Street (before widening) ; thence
South 89 Degrees 37 Minutes 38 Seconds West along said
South Right-of-Way line of 22nd street (before widening)
401.48 feet to the place of beginning; thence continuing
wm
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South 89 Degrees 37 Minutes 38 Seconds West along said
South Right-of-Way line of 22nd Street a distance of
514.22 feet; thence South 0 Degrees 22 Minutes 22 Seconds
East along a line drawn perpendicular to the last de-
scribed line a distance of 588.08 feet to a point on the
Southerly line of said Lot 6; thence South 89 Degrees
16 Minutes 53 Seconds East along said Southerly line of
Lot 6, a distance of 514.31 feet; thence North 0 Degrees
22 Minutes 22 Seconds west along a line drawn perpendicular
to the South Right-of-way line of said 22nd Street, a
distance of 597.88 feet to the Place of Beginning, in
DuPage County, Illinois,
commonly known as the Southeast Corner of 22nd Street and
Route 83, Oak Brook, Illinois.
Section 3. This ordinance shall. be: in full force and effect
from an -'50-ter its passage and approval as by : statute in such
case made and provided.
PASSED and APPROVED by the .�President and Board of Trustees of
the Villag of Oak Br. ok, DuPage town y, Illinoiv, this
day of
APPROVED:
ATTEST:
Village C rjc
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VILLAGE OF OA11C BROOK
APPLICATION FOR PUBLIC HEARING
Name of Owner LASALLE NATIONAL RANK, TRUSTEE UNDER TRUST NO. 44469
Address 135 South LaSalle Street
City, State Chicagc, Illinois Tele. No. 443-2000
I: owner is being represented by someone other than himself, please
fill in tLie information below:
Owners Representative
Name CURTIS, MARKS & KATZ
Address 208 South LaSalle Street
City, State Ch_isa2oo, Illinois Tele._ No. RA. 6-7933
General Location or Address of Property S.E. Corner of 22nd Street & Route 83
Oak Brook, Illinois
Legal Description of Property
SEE EXHIBIT ATTACHED
State specific action requested and give reasons for same: (Refer to
pertinent section of Oak Brook Zoning Ordinance G-60)..'
/'7 Zoning Amendment �/' Special Use X Variation
Fee: $150.00 Fee: $150.00 Fee: $150.UO
Petitioner respectfully seeks a variation of the requirements set forth in Section XI, Article E-7
appearing on Pge. 56 of the Zoning Ordinance of the Village of Oak Brook, as amended through
lulu 11 1972 as fo7llows•
(a) To permit off-street parking along thewest property line as shown on Sheet A-1, Job No. 72-103
as prepared by Peter M Tsolinas & Associates Architects and Engineers, dated Tan. 5, 1973.
(b) To permit off-street parking immediately contiguous and north of the parking structure
shown on said drawings
Petitioner says that conditions and circumstances which are unique to the subs ect property
require the granting of the relief sought hereunder, failing which the project developers will
be subjected to unusual hardship in the construction of the subiect buildings.
ALL APPLICATIONS MUST BE ACCOMPANIED BY PROPER FEE, TEN COPIES OF A SCALE
DRAWING OF A RECENT SURVEY PREPARED BY A REGISTERED SURVEYOR AND SHOWING
THE PROPERTY LINES, EXISTING BUILDINGS, LOCATION OF PROPOSED CONSTRUCTION
AND ANY BUILDINGS ON ADJACENT PROPERTY LOCATED WITHIN 100 FEET OF SUBJECT
PROPERTY. IT IS NECESSARY THAT THIS INFORMATION BE RECEIVED BY THE FIRST
OF THE MONTH FOR PUBLIC HEARING ON THE FIRST TUESDAY OF THE FOLLOWING MONTH.
Mail to: Village Clerk
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60521 Signature o pp t
scan
(SUBMIT IN TRIPLICATE)
s
mat art of Lot G in Oa',: Drool: Invr: tnent Co:C� inyr csa-
n/nt �'1at No. A. at oa-rt of tl1:,- l,ast". Itl]-L of: Scc.ti.on 23 and
or' ' ,.rt of the `d[7 :L/4 of Section 26, 1) ..or.t.lt,
k::1S1:jC; 11, last of tile, 11'!lird Principal 'Heridi'111, accor_d:i_ng
t7 ths, plat thereof recorded July f-s, 1964 ass Docur,r!rlt
Jes,`• line o!: tho follo-al.rlu;
t:t.4-2�i0.72, 1.��iaq [de.st of thl [• �.
described prope'.cty:
Co.:mmencing at the Northeast corner of said North:-+a,,t quarter
of section 26; thence Southerly along the 11alf Section line a
distance of 7_78 feet to the South Right-of-['Jai" line oa 22nd
Street (before widening) ; thence South 89 Degrees 37 Minutes
33 Seconds West along said South Right-of-['Jay line of 22nd
Street (before widening) a distance of 77.17 feet; thence
South 0 Degrees 35 -minutes 48 Seconds East, a distance of
25.0 feet to a point on the South Right-of-Way line of 22nd
Street (as widened by Docw-lent R61-34112) ; thence South 89
Degrees 37 Minutes 36 Seconds West along said South
Right-of-Way line of 22nd Street (as widened by Document
R61-34112) , a 44-stance of 559.40 feet to the Westerly limit of
said wi.:cning by Document R61-34112; thence North 0 Degrees
22 Hinutes 22 Seconds west along said Westerly li;nit of said
widening a distance of 25.0 feet to a point on the South Right
of- 7ay line of 22nd Street (before widening) ; thence South
89 Degrees 37 Minutes 38 Seconds YJest along said South Right-
of-Way line of 22nd Street (before widening) 401.48 feet to the
Place of Beginning; thence continuing South 89 Degrees 37 minutes
38 seconds West along said South Right-of-[Jay lire of 22nd Street
a distance of 514.22 feet; thence South 0 Degrees 22 .Minutes
22 seconds East along a like drawn perpendicular to the last
described line a distance of 588.08 feet to a point on the
Southerly line of said Lot 6; thence South 89 Degrees 16 Minutes
53 Seconds East along said Southerly line of Lot 6, a distance of
515.31 feet; thence ?forth 0 Degrees 22 minutes 22 Seconds West
along a line drawn perpendicular to the South Right-of-[•Jay line
of said 22nd Street, a distance of 597.88 fe,-:: to the Place of
Beginning, in DuPage County, Illinois.
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VILLAGE OF OAK BROOK APPLICATION FOR PUBLIC HEARING RECEIPT
Name of App
licantj2
Received by3
age Clerk ate
Received Ae / • Ac-, � O o4 . 7 �sa ii
(Check No.) (Name Date Amount
Applicant should be present at meetings checked:
Board of Trustees Meeting. . . . . . . . .8:00 P.M. , Tuesday
Publication Date - DOINGS NEWSPAPER - Thursday
Plan Commission Meeting. . . . . . . . . . .8:00 P.M. Monday
Zoning Board of Appeals Meeting. . .7:30 P.M. , Tuesday
!I
Board of Trustees Meeting. . . . . . . . .8:00 P.M. , Tuesday. .3
Board of Trustees Meetin , Tuesday— ,
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. . . . . . . . .8.00 P.M.
(Approval of Ordinance
All meetings are held in the T. A. Mohlman Board Room of the Oak Brook
Village Hall on Oak Brook Road (31st St.) and Spring Road, Oak Brook,
Illinois. I!�
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inat the report of Th`F—P6-1f *-W or month. of
December, 1172, be accepted and approved by the village �...�...�I
board as submitted.
Voice vote - all in Favor. So ordered.
C. Fire Department
Trustee O'Brien moved - seconded by Trustee Baschen. . .
That the report of the fire department for the month of
December, 19729 be accepted and approved by the village j
board as submitted.
Voice vote - all in favor. So ordered.
D. En ineerfn De artment
Trustee Baschen moved - seconded by Trustee Congreves . .
That the report of the engineering department for the month
of December, 1972, be accepted and approved by the village
board as submitted,,
Voice vote - all in favor. So ordered.
VI OLD BUSINESS
A. k!Page County vonLnz Boars! Notice #2410 Status ReRort
President Dean read. a "Memorandum of Record" prepared by
Manager Urhausen dated December 21st, 1972,, giving a detailed
report on the status of this rezoning of •,-)roperty located on
the north wide of ]Butterfield. Road approximately .150 feet west
of Midwest Road. The board will be advised further as the
matter proceeds. j
VII NEW BUSINESS
Ao Sam Pancotto Variation Request — Private Well
Each trustee ways provided with a copy of a letter from Mr.
Sam Pancotte, Oak Brook Road, Oak Brook, dated January 2nd,
1973, requesting a variation to pewit the installation of
an additional private well for purposes of replacing an
existing private well. After discussion, it was unanimously
decided that this matter be placed: on the ,agenda of the next
Public Works Committee meeting..
B. ick Kallens� Inc. - Parking Variation Request
An application for a public hearing requesting a parking
variation for property located can the southeast corner of
22nd Street and Route 83 was filed with the village cleric
on January 3, 1973. President Dean acknowledged same and
directed that this request be forwarded to the Zoning Board
of Appeals for a public hearing on February 6th, 1973.
V111 ADJOURNMENT
President Dean adjourned this meeting at 9:30 P.M.
�t'.�.-cam►=�Jxc?, ..��_.¢.�„/
Vgrraine E. Fricek
1,,'9/73 Village Clerk
LEOAL NOTICE
PUBLIC NOTICE PUBLISHER'S CERTIFICATE
Notice Is hereby vim Mat a Public Heerhq will be held
before the Village of Oak Brook Zoning Board of Appeals on
February 6.1973 at 7:30 P.M.M Me T A.Mohlman Board
Room of the Oak Brook Village Hall,Oak Brook Road 4310
St.I and Sprkng Road,Oak Brook,Illlnels,on the application Tl3IS IS TO CERTIFY That the notice,a true copy of which is attached to this
of Curtis Marks and Kati as representatives of LaSalle
Nall" Bank,as Irusfees molar Trust No. 11169,for a certificate, was published in THE OAK BROOK DOINGS once each week or
variation from Section XI, Article E.7, of the zoning
Ordinance of the Village of Oak Brook,to permit off street
wrkin0 aiorrg the Well property Roe and to permit parang One weeks successively; that the date
immediately contiguous and north of IM parking sfructurr ••...............................................
to be erected upon the properly legally described as:
That part of Lot 6 In Oak Brook Investment Company da Of
and of Part of the NW A Of I-s o Socl(oonn z6 Township 39 Nor»' of the first publication was the.................th. ..................................... y
Range It.East of the Third Principal Meridian,according
to the Plat Merool recorded July e,194 as Document R4•
41072,lying West of the West line of the following described - �� � ..........A.D., 19.73.•..+ and that the date of the last publication was
property:
Commencing of the Northeast corner of said Northwest
quarter of Section 26: !hence southerly a" the Half day of......................................A.D., 19...........
!h
Section life a distance of 7.711 feet to the south Right M•Way the...........................•••.--.••••- •- y
fine of 22nd Street (before widening): thence South
Degrees 37 Minutes U seconds west along said south Right. AND IT IS FURTHER CERTIFIED That THE OAK BROOK DOINGS is a
of Way line of 22ad street(before wkNningl a distance of secular newspaper of general circulation, published weekly in the Village
- of Hinsdale, County of DuPage, State of Illinois, and circulated generally
Clarendon Hills Oak Brook Willowbrook, Burr
77.17 fah:fhfmce South 0 Degrees 35 Minutes at Seconds in the Villages of Hinsdale, r
East,•d151ence a 75.0 tgN ro B DoeumfmR i t 4. Ridge, adjacent unincorporated and incorporated areas, and in DuPage and
Way line of 24rd Sheer fors w Cook Counties, Illinois, and in other areas; that said THE OAK BROOK
34112);thence South N Degrees 31 Minutes 30 Seconds West
along said South Right•ol•WaY line of ?bed street (as
widened by Document R6►•34112),a distance Of SS9.4 feet to DOINGS 13 a "newspaper' sdefined eCtion 5 of Illinois An Act to rev se the Paw
the Westerly Ilmlf w said Widening by Document 861.31112: vidtd for such situations, to
ihtnca Nor:"0 Degrees 22 Minutes 22 Seconds West 010" relation to notices", 1874, Feb. 13, R.S. 1874, p. 723, §5, as amended 1959,
said Westerly llmit at said wldelting a distance of 25.0 feel to 111
a V lot on the South R19h1•0f•WaY floe of 22nd SMee►(before
wi obeningI;thence South q Degrees 37 Minutes 30 Seconds July 17, Laws 1959, p. 1494, f i; and is also a "newspaper" as defined y
(bbeNae�id dig/South �ttto he Plat a B�eglnnn Seddon 1 0 "mac 11, as amended publication 27, Jun 29, Laws 1927, P.603, June
thence conllnuing South M Degrees 31 Minutes 35 Seconds 8, Laws 1909, p. and as further
West along said South RigM•Of•Way line of 22nd Street a
distance of 511.22 feet:thence South 0 Degrees 22 Minutes 22 as further amended 1945, April 12, , p. 22770, $p' and as i further amended
I Seconds East along a line dr awn perpendicular to the Iasi Laws
1957
described line a distance 04,SN•m feet to a Deg ee the 1959, �, W'si91d5y9,p 1496, 11; and that said THE OAK Bft00K DOINGS
Southerly line of sold Lot 6 Ihenca South W Degrees 16
Minutes S3 seconds East along said Southerly fine at lot 6,a
distance of$14.31 teat.thence North 0 Degrees 22 Minutes 22 has been continuously published at regular intervals of at least once each
Seconds West*tang a line drawn pendteuler to the South
ight,the 1 e o old 2 nl i eal.a distance eon S9?N first publication of the attached notice. r year for over one year prior to e
corner
Sold 1 ye0�aced at the South East IN WITNESS WHEREOF, one of the co-publishers of said THE
Rout OAK BROOK DOINGS has affixed his hand and seal this
l9th._....day of.._J�anuclry-----..... A.D. 197 _...
Publishers Charge.....1. R§2... ....
All parsons interested will be afforded the opportunity to
- %` .. ......c .. a .. .`�-r-L.
be he
Charles Rhodes
Chairman ..............
Published in the oak Brook Doings,Thursday.January e, Co-publisher
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VILLAGE OF OAK BROOK
1200 OAK BROOK RO A D
OAK BROOK, ILLINOIS
February 8 , 1973 G5j-2220
MEMO TO: President and Board of Trustees
SUBJECT: Side Yard and Front Yard Parking Variation Requests -
Nick Kallens, Inc.
Gentlemen:
The Zoning Board of Appeals at its regular meeting on February
6 , 1973 conducted a public hearing on the above referenced vari-
ation request.
Mr. Abert Marks, Attorney at Law with offices at 208 S . LaSalle
Street , Chicago, Illinois , represented the petitioner. Additional
witnesses for the petitioner included Peter M. Tsolinas , Architect
and Mr. Nick Kallens , owner.
Mr. Marks stated that the variation for parking the side yard of
the building facing Route 83 was precipitated by the village staff
and the plan commission' s request that cognizance be taken of the
Department of Transportation ultimate plans to rebuild Route 83
to a limited access facility. The building was moved 155 feet to
the east on the site based on these discussions and recommendations
of the plan commission and village staff. (All members of the
zoning board were provided with copies of the minutes of the plan
commission meeting regarding the subject development and were dated
January 16, 1973. )
Mr. Marks indicated that his client, Mr. Kallens, has expressed
a willingness to cooperate with the village and he recognized the
long range desirability of allowing for highway expansion. How-
ever, Mr. Marks stated that his client was under no obligation
and had cooperated with the village voluntarily and moved the
building in accordance with recommendations .
The variation request to allow the parking of 26 cars in front of
the parking structure was precipitated by a difference of opinion
between the building department and the petitioner. Mr. Marks
stated that in his opinion parking as shown in front of the parking
structure should be allowed based on the fact that parking structure
was accessory to the principal uses on the property which were
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office buildings . The building department took the position that
the parking structure constituted a building and consequently came
under the provisions of the zoning ordinance limiting spaces to 6
in front of any given structure or building.
Mrs . Coffin asked whether or not the sit,,,,,e,_,p;= shown as Exhibits
A✓and B and dated 1/22 73 as prepared by Peter M. Tsolinas met the
village's zoning requirements with respect to landscaping of parking
lots. Mr. Dunkirk responded that the plans had not been reviewed
in light of those provisions because the ultimate location, design,
and configuration of the parking structure and buildings would be
subject to the variation request under consideration this evening.
After further discussion, Mrs . Coffin moved, seconded by Mr. Prust
that the Zoning Board of Appeals recommend that the requested
parking variation in the westerly side yard south of the building
line perpendicular to Route 83 be granted due to the fact thstthe
plight of the owner is due to unique circumstances , to wit; the
proposed widening of Route 83 and additional right-of-way taking;
and the variation, if granted, will not alter the essential
character of the locality. With no further discussion, and on a
voice vote, all members present voted "aye." Motion carried.
Mrs. Coffin then moved, seconded by Mr. Prust, that the requested
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variation to allow for the parking of 26 cars n front of the
accessory parking structure be denied based on the fact that the
plight of the owner is not due to unique circumstances and that no
particular hardship would be created by the removal of said spaces .
Further, the movement of the building in either an .easterly or
westerly direction would not affect the need for the requested
variation. on voice vote all members present voted "aye." Motion
carried.
Respectfully submitted,
Charles M. Rhodes , Chairman
Zoning Board of Appeals
CMR:of
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MINUTES Page 5
Oak Brook Plan Commission
February 26th , 1973
Kallens Towers Subdivision
Village Engineer George Dunkirk advised the Plan Commission members.
that most of the Engineering Department ' s recommendations have been
incorporated in the plat of subdivision . The subdivider requested
the building line setback of 190 feet from Route 83 be incorporated
in a covenant running with the land. The additional needed working
space for the well site will also be established in an agreement
between the Village of Oak Brook and the owners of the property.
Further, Mr. Dunkirk advised that subdivision problems have been
resolved. Kallen ' s representative indicated they would request
their front of building parking variation request be returned to
the zoning board . Mr. Abert Marks , attorney, and Peter Tsolinus ,
architect , spoke on behalf of Kallens .
After further discussion, Mr. Scott moved , seconded by Mr. Barton ,
that the Kallens Towers Subdivision plat be approved as submitted
subject to the collateral arrangement providing for working access
space to the pump house and with the recommendation that the build-
ing setback lines be established- by covenant providing that the
building will not be constructed closer than 190 feet from the
Route 83 property line .
Four members voted in favor of the motion , one against , and one
abstainment. Motion carried.
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UI TO NS, VARIATIONS9 ETC. (Continued)
B. NANcES RESOLUI
Kallens Towers Subdivision Pkat
Each trustee was Drovided with excerpts from the minutes of
the Oak Brook Plan Commission meetings of January l!jth and
February 26th, 1973, regarding Kallens Towers Subdivision Plat.
Trustee Rush moved - Neconded' by Tnastee Howell.. .
That the Kallens Towers Subdivision Plat be approved by
the village board and that the village treasurer and clerk
be authorized to affix their signaturea thereto subject
to the following
1. A collateral arrangentent providing for working access
upace to the pump house.
*2. Buildilig setback line& be established by covenant
providing that the building will not be constructed
closer than 190 feet from the Route 83 property. line.
Roll Call Vote: Ayes - Trustees Baschen, Congreve, Hayes, Howell,
O'Brien, Rush and President Dean.
ONayes - None So. ordered
C. ak Brook Regency Towers, - Parking Variation I
Each trustee was provided with a letter from Zoning Board
Chairman Rhodes, dated February Sth, 1973, recommending
that the reauested parking variation in the westerly side
yard be granted and that the rerjuested variation to allow
for the parking of 26 cars in front of the accessory parking
utructure be denied.
Attorney Abert Marks, Curtis, Ylarits, & Kate., Chicago,
representing Oak Brook Regency Toweri.; (Kallens), spoke
on his clients behalf and reauested that this matter be
referred back to the zoning board for further consideration.
Attorney Teachner advised the board that he had met with
the owner, arphitect and village staff regarding this
variation reauest and that the village staff also recommended
this action.
President Dean directed that this petition be referred to
the zoning board for further, consideration.
IV OL.D BUS INES S
A. Persorin el Rule 9 and Regulations
Each trustee was provided with copies of revisions to the
Proposed Personnel Rules with a• covering letter from Manager
Urhausen dated February 21st, x.973.
Trustee Congreve moved - seconded by Trustee Howell. . .
That the Perwonnal Rules and Regulations as amended, with
the inclusions of provisions for pregnancy leaves and
holiday schedules, be approved by the village board.,
6, now
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VILLAGE OF OAK BROOK.
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
March 2, 1973 654-2220
MEMO TO: Zoning Board of Appeals
SUBJECT: Oak Brook Regency Towers (Kallens)
Front Ward Parking Variation
Gentlemen and Mrs. Coffin,
Attorney Teschner has advised that he will provide
zoning board members with a legal opinion on this
subject Monday, March Sth, 1973, for consideration
at your March 6th meeting.
Accordingly, please add this item to your agenda.
Respectfully submitted
o raine E. Fricek ,
Vi lage Clerk
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T$sCI314ER,BENDA,BOTTI & FAWELL
ATTORNEYS AT LAW
330 NAPERVILLE ROAD,Sv1TB 401
JoBx S.TEacsxER WBEATON, ILLINOIS AREA CODS 312
60187
THOMAS J.BENDA TELAND 65 -1030100
ALDO E.BOTTI AND B63-1030
MscuAEL K.FAWELL March 5, 1973
Mr. James N. Urhausen
Village Administrator
1200 Oak Brook Road
Oak Brook, Illinois 60521
Re: Kallens Building, Rt. 83 and 22nd .Street
Dear Mr. Urhausen:
Mr. Marks, attorney for Mr. Kallens, raised the point that
as the parking structure to be placed upon the property
at Route 83 and 22nd Street was not the principal building
the limitation allowing six parking spaces in front of the
building does not apply. Further, he asserts that as the
parking structure is not under a roof it is outside the
definition of a building under the ordinance.
Regarding his second argument, the parking structure must be
considered a building under the ordinance. Section XI, E,
9, a, provides that "assessory off-street parking spaces
located on the same lot as occupied by the use served may
b_e open 'to the sky or enclosed in a build**
Further, the definition (#104) of off-street parking facility
provides that the parking structure is an assessory
building.
His other condention is not so easily disposed of as the
ordinance reads:
" . . , not more than 10% of the required off-
street parking, not to exceed 6 spaces, may be
located in front of the building . •
Had the ordinance read " in front of a building" his conten-
tion would be without merit.
Because of this ambiguity being present as applied to the
subject property we must look to the intent of the provision
limiting the parking in front of the building.
Their attorney as
that the language "the building"
must be construed as the principal building and not assessory
parking structures.
I
Mr. James N. Urhausen
March 5, 1973 '
Page Two
it is probably true that the Village Board never c nsidered
the present problem when the ordinance other reasons, was
would appear that their intent, among
to preclude massive parking in fronts f a building
open from the
attempt to have the building appear
roadway.
Because of the ambiguity uit being present as .it applies to
this property, we must rely on Section III of the ordinance
wherein the most restrictive interpretation
f applies which
parking
would require a variation for parking in
structure. The Zoning Board should consider the variation
request in light of what the Board intended in amending oed
ordinance and how their intent is affected by the proposed
improvements.
On the third point raised by Mr. Marks, he is correct that a
zoning authority such as the village cannot use its zoning
police power to repress what an owner may be entitled under
the laws of eminent domain without the owners actual consent.
it is my understanding that the owners were requested by the
Village to move the building on the subject property. to
the East of the initial location in anticipation that the
State would need a portion of the property I for `Route' 83 '
expansion. This can not be imposed upon the owner without
his consent. To do so would be to use its police powers
in an attempt to avoid the duty of eminent domain.
If you have any further questions regarding this matter,
please do not hesitate to contact me.
very tru s• /
n S. Teschner
JT:CN
cc: Zoning Board of Appeals
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-SEE-:
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
March 7, 1973 654-222
President and Board of Trustees
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois
Re: Oak Brook Regency Towers (Kallens)
Gentlemen:
This matter was referred to the zoning board for additional
review to consider an opinion provided by Village Attorney John
Teschner with respect to the requested variation for parking in
front of the parking structure.
Mr. Abert Marks, attorney for the petitioner, re-stated their
position at some length and emphasized that in view of petitioners
cooperation with the village in increasing the setback of the
building from Route 83, they were entitled to a 'quid pro quo."
Mr. Marks also alluded to the easement which would be granted
to the village for maintenance of the well which exists on the
property. He stressed that there is a hardship to them in con-
forming with the village' s request as the additional setback
from Route 83 cuts down on available parking area.
Mr. Mark's attention was called to Section V, G, 3, a, (Page 6)
of the ordinance which designates the distances that must be
maintained between accessory and principle structures on a lot
and it was pointed out that an additional variation might be
necessary, depending on the interpretation of whether the park-
ing building is an attached or detached accessory structure.
After considerable discussion of Mr. Teschner' s letter, and the
points reiterated by Mr. Marks, the Board noted that parking
exceeds ordinance requirements without additional parking in
front of buildings and that the recommended variation with
respect to side yard parking was based on the hardship encount-
ered in providing additional setback from Route 83. It was
moved, seconded and unanimously agreed that the original re-
commendation of the zoning board be reaffirmed.
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2 _ March 71 1973
a.�
The Board also expressed concern ia- the number of variations
being sought with respect to parking in front of buildings and
thought that possibly a review of the ord inance with respect
to developments with more than one principle building on a lot
might be considered.
Respectfully submitted, I
Margaret 6. Coffin
Acting Chairman
MOC:ef Zoning Board of Appeals
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'ilVF:;Ws-Tr*' t DiWi—rt 7—A-T ;ra sTe W"We 3- 13 -473
READ-m Or. MINUTES
Trustee OtBrien moved - seconded by Trustee Congr(We. —
That the reading of the minutes Of the regular meeting of
February 27th, 1973, be suspended and that they be accepted
as submitted. So ordered.
voice vote - all in favor.
INANCES,, RESOLUTIONS, VARIATIONS PLATS, E7rC,,
?A. ak Brook Re. encv Towers - Front and Side Yard Variation Request
Each trustee was provided with a copy of a letter from Toning
Board Acting Chairman Coffin, dated March 7th, 1973, recommend-
ing that the zoning board's original recommendation contained
in Mr. Rhodes' letter dated February Stl-,, 1973, be reaffirmed.
Mr. Abort Marks, spoke on behalf of the petitioner and Manager
Urhausen explained the village staff's participation in this
matter, After considerable discussion the following motion
was made.
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Trustee O'Brien moved.- seconded by Trustee FUsh. . .
That the village board deny the renuested variation to
permit the Dark •ng of 26 cars iT1 front of the subject
accessory parking 6tructure in accordance with the zoning
board's recommendation dated February Sth, 1973,, II
After further discussion regarding Attorney Teschner's opinion
dated March 5th, 1973, Trustee Congreve moved to table the
matter and Trustee Hayes seconded this motion. Further disc-
cession cong eve and Hayes withdrew
cussion followed and both Trus, r
their motion to table, and President Dean called for a roll
cai.1 vote on Trustee O'Brients original motion.
Tees BAschen, Congreve, Hayes, Howell,
Roll Call Vote Ayes - rust
O'Brien, Rush and President Dean.
Wayes - None So ordered.
Trustee Rush moved - seconded by Trustee C ongreve-� .
That the. village board aDprove the recommendation of the
zoning board as contained in their letter of February Sth,
1973, and grant the renuested parking variation in the
wester ly side yard south of the building line perpendicular
to R4yute 83. Further, that the village attorney be directed
to prepare an ordinance to this effect for passage at the
next regular board meeting. reve, Hayes, Ho I we'l 1.
Roll Call Vote: Ayes - Trustees Baschen. Cong
O'Brien, Rush and President Dean.
Nayes -- None So ordered,.
VILLAGE OF OAK BROOK u
MINUTES OF
March 27, 1973
MEETING CALL
A Roll Call
The regular meeting was called to order at 8:00 P.M. Cl
Fricek administered the official oath of office to newI
appointed President George B. Howell. All trustees we va
present,
I I READING OF MINUTES
Trustee O'Brien moved - seconded by Trustee Rush. , .
That the reading of -the minutes of the regular meeting of
March 13th, 1973. be suspended and that they be accepted
as submitted subject to the following correction:
Item VII-D .- Delete .'"Howell" from '5Ayes" and add as an
"'Abstainer."
Voice vote - all in favor. So ordered.
III ORDINAMES, RESOLUTIONS , VARIATION, PLATS, ETC.
Oak ]Brook Rescencl Towers - Parki Variation Ordinance S-274
�--� Each trustee was provided with a copy of a proposed ardinat:ce
granting a variation on property commonly known as the South-
east corner of 22nd. Street and Route 83 to permit side yard
parking.
Trustee O'Brien moved - seconded by Trustee Hayes. ..
That the reading of the proposed ordinance be waived and
that Ordinance S-274 be passed and approved by the village
board.
Roll Call Vote.- Ayes - Trustees Baschen, Congreve, Hayes,
O'Brien, bush and President Howell,.
Nayes - None So ordered.
B� Co rate Plaza Unit lI - RexonaL Ordinance S-275
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Each trustee was provided with a copy of a proposed ordinance
rezonin territory in the Mouth portion of Corporate Plasa II
Subdivision Unit Il from R-4 to ORA-1.
Trustee Rush moved w seconded by Trustee Hayes. . .
That the Lull, Inane& ha WA&WSA