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S-414 - 08/22/1978 - VARIATION - Ordinances ORDINANCE NO. "�- AN ORDINANCE GRANTING A VARIATION TO SECTION VII (D) (8) (a) AND (c) OF ORDINANCE NO. G-60, AS AMENDED, THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK, TO CERTAIN PROPERTY COMMONLY KNOWN AS 3020 OAK BROOK ROAD, OAK BROOK, ILLINOIS WHEREAS, the owner of the property hereinafter described has petitioned the Village of Oak Brook, DuPage and Cook Counties, Illinois, for a variation to the regulations of Sections VII (D) (8) (a) and (c) of Ordinance No. G-60, as amended, for application to said property; and WHEREAS, a public hearing pursuant to statutory public notice has been held by the Zoning Board of Appeals of the Village; and WHEREAS, the Zoning Board of Appeals has recommended that the variation be granted; and WHEREAS, the President and Board of Trustees deem the passage of this Ordinance to be in the best interests and in furtherance of the public health, safety, comfort, and the general welfare of the Village of Oak Brook and its citizens and residents. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois, as follows SECTION 1: The provisions of the preamble hereinabove set forth are hereby restated herein as though herein fully set forth. SECTION 2: The provisions of this Ordinance shall apply to the property legally described as: Lot 3 in McElwain's Resubdivision of part of the West 1/2 of the Southwest 1/4 of Section 28, Township 39 North, Range 11, East of the Third Principal Meridian, in DuPage County, Illinois, -....� commonly known as 3020 Oak Brook Road, Oak Brook, Illinois. SECTION 3: The applicable rules and regulaticm of Ordinance No. G-60, as amended, the "Zoning Ordinance of the Village of Oak Brook, Illinois of 1966" are hereby varied as follows: (a) Section VII (D) (8) (a) requiring a front yard of not less than 40 feet in depth is varied to permit a front yard of not less than 36. 5 feet in depth; and (b) Section VII (D) (8) (c) requiring a rear yard of not less than 60 feet in depth is varied to permit a rear yard of not less than 44 feet in depth. SECTION 4: The aforesaid variation is granted based on the findings of the Zoning Board of Appeals as set forth in said Board's records and recommenda- tions relating to this matter. SECTION 5: The provisions of Ordinance No. S-393 adopted on November 22, 1977, shall and the same are hereby repealed. SECTION 6: This Ordinance shall be in full force and effect from and after its passage, approval, and publication as by Statute in such case made and provided. This;Ordinance shall be published in pamphlet form. SECTION 7: All ordinances, rules, and regulations of the Village of Oak Brook which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of the conflict. PASSED this " day of c 1978. AYES: 5 NAYS: ABSENT: 2. APPROVED this day of 1978. President ATTEST: N Village Clerk Filed in the Office cff the Village Clerk and published in pamphlet form by authority of the President and Board of Trustees of the Village of Oak Brook this ?3'ili(day of , 1978. Village Clerk 4-11-ri ORM: inrl W-Millfag't Att ney - 2 - �*�� x 90 �� _ � � . � � � � � 9 �_ . . . . . . . c��OUt� � VI LLAGE OF OAK BRQOK 1200 OAK BROOK ROAD OAK BROOK, iLLtNOiS August 23, 1978 ssa-Zazo Mr. James J. Wolak 5065 W. 29th St. Cicero, I1linois 60650 Dear Mr. Wol.ak, The village board at their meeting of Tuesday, August 22, I978 passed and approved Ordinance 5-414 granting a variation to Section VII (D} (8) {a) and (c} of Ord. G-60, as amended, the Zoning Ordinance of the Village of Oak Brook, to certain property commonly known as 3020 Oak ;: Brook Road, Oak Brook, Illinois. Attached hereto you will find copy af the ordinance. Please contact our Inspection Bureau for necessary permit and plan review. Respectfully yours, 0 0 Ke neth G. Carmignan' Village Manager KGC/ls att. � Inspection Bureau , � �! � S�rica� 711Ccaaagc ��-��:� ❑ IMMEDIATE RfPLY REQUfSTED � ;. _ ��r� ❑ NO REPLY NECESSARY : _ !� � � �+ ' � � TO USE WINDOW ENVELOPE FOR RETURNING MESSAGE TO�SENDER - /4 ( �w�...;�� "� . POLD HERE . _��..__,--�.� .�,..�_________ ••• SURIECT •►► _____________________�_ _�_�_______ c��t�. � � --__.____.__.._._______.__-----__-..___.___�______._ {� �.� t � DATE � . . .. �� C� � t \.J• �c•'\. � w �c � a�� _��_____ ti Q ___ ___ _ __ _ _,��~-�� '�-- _____ , �� _ . � . ____�__._��.��.�._�-�� __-��_�_- , ., , �,q�___ �.�-____�______�_ ___._.____ �____��_._.�� __._ _ � ��-_'�_. 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E �OUN VI LLAGE OF QAK BROC� K 1200 OAK BROOK ROAD OAK BROOK, ( LLINOIS August 3, 1978 ssa-Za2o President and Board of Trustees Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60521 Dear President and Tr�ustees: At the August l, 1978, meeting of the Zoning Board of Appeals, the Board considered the petition of Mr. James J. Wolak for a front and rear yard variation at 3020 Oak Brook Road. ' The Zoning Board of Appeals reco�anends to the Village Board af Trustees that � variations be granted, allowing a front yard setback of 36.5 feet and a rear yard setback of 44 feet, since the failure to grant this petition would do vio- lence to the character of the house for this property, since the adjoining house is in violation of the ordinance requirements, and since allawing this petition �rould not alter �he charactex of the neighborhood. This motion, moved by Member Regas and seconded by Member McCormick, was carried on a vote of 4 ayes (McCormick, Hodges, Regas, and �ullan) and 1 nay (Afusch3er), Chairman Bar�ni being absent. ;- V truly yours, ��G>� ` `� George A. ges Chairman p� tem. , Zoning.Board of Appeals EG:bw I ''�, �,,, �- � � ,�.:.�.�' f j / : � - ! . �� r � ZONING BOARD OF APPEA�,S MINUTES ' � . , � � . V JAMES J. WOLAK - SETBACK VARIATIONS Mr . James J. Wolak, the owner of the subject property, was sworn in. He noted that he had been before the Zoning Board and the Village Board last fall and had requested a rear y�ard variation. He noted that he had not consulted with his architect at that time regarding the exaet variation needed to build his proposed � house under the Oak Brook Village Ordinances, and that he had miscalculated the distance required. He noted that his request for variation in November was granted, �owever , because of this miscalculation and a second floor overhang, the house would now have no projecting eaves on the front or the rear. He noted that the house was originally proposed to have three-foot overhangs in the front and the rear and that af ter consulting with his architect, they would be able to reduce the eave overhang to two feet, thus requiring Iess of a variance and bringing the buiZding closer to campl.iance with the Ordinance and previously granted variation. In answer to a question by Member Hodges, Mr. Wolak confirmed that the foundation had been poured and that the �# af the first � floor had been installed. He noted that he had already consummatea agreements with the bank and the contractor �prior to discover,�ing the need for an additional variation. He also noted that he would "� � ZONING BOARD OF APPEALS MEETING - 8 - �,�/,a � 0 � �� f have lost these�ontracts and commitments if he hacl �aited until this matter could be completely resolved. He noted that the building itself confarms to the Village regulations and that the eaves are the only portion of the building that creates a problem. He noted that he and his architect had tried to redesiqn the building, but that nothing had worked. Member� Hodges again asked if the petitioner had authorzzed the imstallation of the foundation when he knew that a variation was needec3. The petitioner noted that at the time he authorized the foundation construction, the architect had indicated the possi- _ bil.ity of redesigning the second floor, and thus making the : building comply. The arcfiitect came up with some alterations, but they all cut-off to much room from the interiar room sizes and required changes that altered the entire house. He noted again that the faundation and �the house � itself were�i,n conformity with the Village regulations and that only �he roof eaves did not comply. In answer to a question by Member Muschler, he noted -that the property to the east is also not in conformity with either the front or the rear yard requirements of the Village, and that the distance from that building to 4ak Brook Road is around 20 feet. He noted that the property to the west has apparently a front �ard setback of about 40 feet, but that they d�d not have rear yard setbacks of 40 feet and that these properties are not in the Village of Oak Brook. In answer to a question .by Member Hodges, Mr . Wolak confirmed that the house to the east is much closer to the street line than �1 ,..� ZONING BOARD OF APPEAL5 MEETING - g - l/�� - � , � \ � his house will be. He noted that his foundation is 76 feet from �,��'� J the pavement edge. In answer to questions by Member Hodges, Mr . Wo�ak confirmed that there is no building on the lot to the north of his and that the property is considered to be an unbuildable open area due to its elevation and inaccesibility. In answer to a question by Member McCormick, Mr. Wolak indicated that the architect was not initially familiar with the definition off a yard under the Oak Brook Zoning Ordinance, and did not know .�jG that it �cluded the extension of the eaves. . In answer to a question by Member Hodges, Mr. Wolak indicated that he was notrin advance�,counting on receiving thi.s variation ' from the Zoning Board and Village Board, and he noted that they did cut eight inches off each side of the house to help complg with the Ordinance provisions. In answer to a question by Member McCormick, Mr. Wolak noted that the building to the east of his property was situated at an angle of abaut 30 degrees with �he corner, and that this property directly to the east was the property on the corner of Meyers Road and Oak Brook Road. He noted again that �� building was about 23 feet from the street line. Member Regas asked the petitioner if cutting the eaves back to two feet would hurt the appearance of the house. Mr. Wolak indicated that it would have some affect on the appearance�f the _ house but that they tried to get the building as close to compliance as possible. _ , _ � _ . _ . _ _ ZONING BOARD OF APPEALc�IEETING - 10 - ��=u�� Assistant to the Manager GZatfelter clarified that with a three \, r�4 foot eave they v�ouZa need a 3.5 foot variation in the front and � a three foot variation in the rear , and that with a two foot eave, they would need a 2.5 foot variation in the front ancl a two foot variation in the rear. Member Hodges noted that this variation would not be discernible due to the character of the development in the area. He noted that the issue is whether the variation shou2d be alZowed, not the details of exactly how much variation should be allowed. He noted that he did not think this variation would alter the eharacter of the area. � Member Regas moved that the Zoning Board of Appeals recommend to the Village Board of Trustees the granting of this variation allowing the front yard of 36.5 feet and a rear yard of 44 feet� ,S��nce to deny this petition would do violence ta the character of / the house for the property�since the adjoining house is already in violation of the Vil�.age Zoning Ordinance�and since �: allowing this variation would not alter the character of the neighborhaod. This motion was seconded by Member McCormick. On a roll call vote,- Ayes 4: Members McCormickf Hadges, Regas and Fullan Nays 1: Member Muschler Absent l: Chairman Baroni . Motion Carried Member Muschler then moved, seconded by Membe� Regas to adjourn the meeting. On a voice vote the motion aarried. - ; � -^'� .�.�, ' VILLAGE OF OAK BROOK MinuL�s - 6 - _ July 25, 1978 VI pLI? BUSINESS F. Report of Activities (continued) � Traffic: Trustee Reynolds reported proceeding with Rt. 83 study. Zor�ing � Plannin�: Trustee Brown reported that the Historic Gateway is to be revietved by the Plan Cor�mission. VII NEW BUSINESS A. Open For�un M�s. Grant, an Oak Brook resident, rec�uested relief from the policy adopted by the Board for private parties at the Bath � Tennis Club, because of a misunderstanding on dates with the manager of the Ba.th � Tennis Club. Staff will try to assist Mrs. Grant. � James J. Wolak - Setback Variation Refer to Zoning Board of Appeals meeting August 1, 1978. VIII ADJ�URTIMENT Time - 10:50 p.m. Trustee Cerne moved - seconded by Trustee Rush.. . To adjourn this meeting. Voice vote - all in favor So ordered � Respectfully submitted, � _ �-:-�--�-.��,�.� � Mari e L osi1, Village Cler VILLAGE OF OAIC BROOK Minutes - 6 - July 25, 1978 p ��_-'��+w+—v..�.v.,.y.r . . ... .. .. . ...�_ �,_._......__ . . -. � .. .. .�. .a,,.-._.._....�,..w.�...� .,.....-..,-.......-.�...�........,......�,...,......._.....�.. _,....,...._«. � � � - �, �RK �"+�.�_ .,�' o . . . �v .. � . . . . . . . � � ':-. � . . � � .. . .� . . G O 9 `� ��OUN � VILLAGE CJF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS : July 10, 1978 s�a-a2ao MFMO TO: Zoning Board of Appeals SUBJECT: James Wolak - Front and Rear Yard �Tariation 3020 Oak Braok Road Ordinance S-39:�., granted a vari.ation at the above location, for a reduction of the Rear Yard requirement on 60`to 47 ' . At the Publi.c Hearing, the applicant had presented plans of the house he wanted to build on this location. - Review of these plans plus the site plan, as submitted for a building permit, indicated that the variation granted was not sufficient for the permit to be issued. , The applicant was not aware that the ordinance defines YARD as an open area unobstructed from its lowest level to the sky. This is to the edge of the 3 ' eves, rather than to the canti- levered 2nd floor as depicted on the Site Plan submitted for the previous variati.on. _ The variation necessary would be: Front Yard - 37' (40' required) � Rear Yard - 44' (60'requa.red, variation of-47` approved November 11, 1977. Respectfully submitted, Mari nh Lako ` 1 Assistant to Bui�ding Commissioner mY/ML. '� .-� July 2�, 1978 ` : Dear Resident, The Oak Brook Zaning Board of Appeals and Village Board and Plan � Commission, if necessary, will be considering a: Zoning Amendment Special Use � Variation at the meetings as scheduled on the reverse side of this natice. Please refer to this schedule for time, place and dates of ineetings._ The application has been filed by: S�znes �Tolak (Name of Applicant) . 5065 �- 29th Pl�.cef. Ci.�e�"o� � (Address) The property in question is situated at: 3020 Oak Broo,. P,oad , The specific action being requested is as follows: To alloE•� the roof ove�hang to p�oject inta tlze 4a' Front Yard. If you desire more detailed information, we would suggest that you contact the Inspection Bureau located in Fire Station ]., I2I.2 Qal� Brook Road, or you may call 654-2220 to rzview the fileo A map of the area has been reproduced on the reverse side to as�ist you in determing your relationship to the property in question. 2fI�ILI�3G L'�ST _?ESID�v"T 3010 P�eve:�s �oad . 3024 I�ieyers Road . 3023 Oa7i B?"Ofl�C Ro�.d Mr. �2ichard Kropac en P�.esident ��'es` Oak Brook �Iomec��nei.s Assoc. 2803 Oal� BrooY. Road ., __ __ _ __ I _ _ _ All meetings are held in the Samuel E. Dean Board Room of the Oak Brook Village Commons on Oak Brook Road ( 31st Street} and Spring Road, Oak Brook, Illinois. � PLAN COMMISSION MEETTI�G 7:30 P.M. MONDAY ZONING BOARD OF APPEALS 7: 30 PoM. TUESDAY 8/1/78 MEETING ' � BOARD OF TRUSTEES MEETING 7:30 P.M. TUESDAY $/8/78 . BO�,RD OF TRUSTEES MEETING 7:30 P.M. TUESDAY 8I22/78 (ORDINANCE APFROVA�) • : . ... MAP OF AR�EA � � .t. ,. ... F: . .. . .. - .. . . . . . . . . . . . . . . } � .___..:...... _ ,-�_ � i .. . . . ._� - .. . ` W . rr...._ � ... 4 > .2 � 1a3 ' � Q� , � ., . ;� �` .. isa n . . ' ;..�t 3 /. ,._ � . � . c �` I �7 '. i I ' / 2 1 160 \ _ _ �� ` � � �� % � .� �/�/ �/� ."---1 � ' I6� , V �� '�� ' � � ��... = �=� i �62 ;�_ � � ,,�' 3 f63 . . . � . . . I . .. . _ . ' � �� .� . . � �� . � . � -. - - -- . . . . . . . . . . . . . . . . i. . . . . . �' -. -- _— -� �-�----�.�.`__. . � . � .� . � � . . � . .. I � . . , . , .. .. . . . � . . . . . i - . . ; ' .�_'--'-.- - � . . . . � . . � �� . . . . .. . . . . . . i .. . .� � � . ; . . --- � � � � . � � . � . � . � � . I ` � '-- --..� _.,� _ . � . .. �. . . .. . � . . . .. � . . . � . . ..� � . �� I . � . . ! . 1 -- . . � � � . . I � i � � - . . �. i. � � WH7TE OAK _. . � � � . i ' � L..�,��,� . �. . . � . � . � � � � ' � I ' ; Q _ n � , '"'1 _ �_ ''� - � . ORDINANCE 1�Tp. . � . ,,.- �i�� . . � AN ORDII�T�NCE GR�.NTII�TG �. V.�P,,T�,TION 7'O SECTION VII (D) (2} (c} OF �. '' ORD7�.�1'.�NCE I��O. G-60, AS A.I��ENI�ED, THE ZOI�,'I�;G ORDIN_A1\'CE OF THE � VILLA.GE OF OAK BR.C)OK, ILLINOIS, TO PROPERTY COMMONLY K1�''O��,TN AS • 3020 O�1K.BRO�K RO�D, O.A.K BROOK, ILLTNOIS WHEREA.S, the owner of the subject property described in SECTIOZ� 2 belo`v has petitioned #he Village of Oak Brook, DuPage and Gook Counties, � Ill.inoS.s, far a varia�ion -to the regu7.ations of Section VII {D) (8) (c) of Qxdinance No. G-60, as Amended, as applied to th.e subject property; and � WHEREAS, the boards, commissions, and agencies of the Village of Oak Brook have held all required hearzngs pursuant to sta�utory pubZic no-Ei,ce and have submi-�ed all required public reports and recommendations; and � � . ; ' WHEREAS,- the President and Board of Trustees deem the passage of thi.s Ordinance to be in fihe best int�rests and in pursuarlce of the general Zvelfare j of the Village of Oak Brook. . � � , NOW, THEREFORE, BE �3' ORDAINED by the President and Board of . Trustees of the Vzllage of Oak Brook, I}uPage-and Cook eoun�F.ies,.Illinois, as ' �allotivs: SECTION 1: The provisions a£ �the preamble hereinab�ve set forth are hereby - , restated herein as -though herein fully set forth. � � � � - � SECTION 2: The pravisions of thi.s Ordinance shall apply to the property 3.egaliy described as:. . Lot 3 in McElwa.i.n.'s Resubdivision of part of -Ehe V4'est 1/2 of the South�ves-E 1/4 of Section 28, Township 39 Norfn, Range I1, East ' of �Ehe Thzrd 7'rincipal Meridian, in DuPage County, 111inois, . commonly knotvn as 3020 Oak Brook Road, Oa'� Brook, Illinois. SECTION 3: The applicable rules and regulations of Section VII �D) {g) (�} of Ordinance No. G-6fl, as Amended, the "Zoz�ing Ordinanee of the Village oi ' Oak Brook, Dlinois, of 1966", requiring a rear yard of not less than s�ty �60� .feet in depth, are hereby varied, reducing said rear yard requirement to a � depth of forty=seven (47) feefi as measurea from ths 1\Torfn. 3�.ne of the pro�erty heretofore described i.n SECTIO�,T 2 hereof in order to permit -Ehe cons�ruc�ian of a single family residence upon said premises: � SECTION 4: This Ordinance sha1T be in full force and effect from ar_d af�er its � passage and approval as by.statute in such case made and provided. This Ordinance shall be published in pamphlet form. � SECTION 5: A1� ordinances, rules, and regulations of fhe Village of Oa�� Brook tivhzch are in conflict �v�th -the provzsi.ons of thzs Ordinance are hereby repzaled to -the e�ent of the conflict and anly as they apply to the premises hereinb�fore described. SECTION 6: If any section, sub-section, sentence, c2ause, or phrase o� �izs . ` � i. . _ ._� ._ _-.,.: _., .� �; _ � �,.. . _ , ' �� _ _ Ord�nance is for any reason he7.d to be invalid, such deterrnination shall not • •affect the va3idity of any remaining pox~tion of thi.s Orclinance. � . _ _ _ - - c � PASSED ttaaus ' "��,�� day of �� o�C- .�.:. '�y..�. ; 1977. � . . . : �. : _ AYE�. � I�TAYS c ' G ` . � . .. � � . . - ABS�NT• C� � ' . '� _ , _. _ 1 APPROVED �Ehis c�� day of � .} �v��.:�.�s�- , 1977. . - - _ _ .��'),{ . .-� '"�. , :; , . . - - _ �. � '. ' � � �'resirrent ' � .ATTEST: . _ _ �ti t��, ) � _`'-•� .;� � , ..�. , . , . ,_ . . . . : �� - � : . , ; ; �_ � �J�• �; . , . ,- . :��'� ' } >��.r�-J j , � ./ . � �"��_4s.%J�-�L.... 0.3�e..�l i- ; - - /�` .� e , V�lage Cl.erk . . . j=�� -�� i` t ° - . - / � 1� =' l� . . . ., :. . � . :- . .. �� _ _ _ _ _ :�,,��. _ _ , - �, .: _ . 'j1 �� 'f . . _ . . . . _ � _ . Fil.ed i.n. �tie Offi.ce of fih.e Village Clerk and published in pamph�.et form by - au�ori-�.y of the Presiaent and Board of Trustees o£ ti�.e Village of Oak Brook � . .__. . this f � '� day o� . ' �z�; E.�..��.,.�_, .1977. � . _ . • - � `�ez%..;_.cz�.:.��'C �1=r�S-c�� ' � � � � . � Village Clerk , . � . � . : : ' APP 4�7'E AS FOR '� . . - . .< ' , _ . �ti . � ' - r + � � -` :. I - � Vitlage'At�orney �: .. . �_ . . . . � � � . . _ . _ 2 � � -' ZONING BOARD OF APPEAL^ - 4 - `'1 h'ovember 2, 1977 V. Drake Oak Brook Hotel (continued) � This zs the fifth continuance being requested based or� an economic hardship that the present faci�.ity is economically outdated and the topography is such that to make the floors of the buildings conform, the additional 5� is necessary. The same r�asons tha.t wexe stated. in the previous approval of this petition in 197Q apply to this petition. No Qne appeared for or against the petitioner. Niember Regas- maved - seconded by Member Fraser... To recommend that the variation be granted as requested because it is eonsisten�G with the existing use and general character of � the area; the topography of the terrain ca.Ils for a unique situa- - tion; and that this approval be granted wi.th the following canditions: 1. Only if the access road is relocated so--that said-building is set back 5U' frrnn any access roadwa.y, driveway, or street. 2• Within three years a Building Permit is to be obtained that is in substantial conformance to the Exhibits submitted as: - a) 5-story Seheme (Scheme "B") by Loebl, Schlossman, Dart _ F Ha.ckl, da.ted October 20, 1975, and b) Elevations f Sections (Sheet A-10), Netv Guest j+ling, Job �0270296, by Loebl, Schlossman, Bennett €� Dart, dated ; ; October 19, 1977. 3. The 5-story Office Buildings be specifically excluded from - . the site plan. Roll ca.11 vote - Ayes: Nlembers Ewing, Fraser, Hod.ges, Lavery, Muschler, Regas, and Chairman Barani . Nays: None Absent: None Sa ardered. PUBLIC HF,ARING - VI James Wolak - Variation - Rear Yard � Lot Area ' Published in Oak Brook Doings October , Letters to Residents sent October 2I, 1977 The oath was administered to James Wolak, 5065 ZY. 29th P1ace,Cicero, IL. N�'. Wolak presented his request for a reduction in the 60t Rzar Yard requirement to 43�. The parcel is approximately 30,000 sq, ft. in area, and this is the c�nly variation that will be rec{uired. The plans for thzs particular house were prepared in I970, and Mr. �+lolak pur- chased �the property in 1975 with the misinformation from the Realty Co. that � only a 40 rear yard was necessary: when, in fact, the R-2 zoning requires 60'. ; Upon application for a building permit, he was made acaare of the defieiency. ZONING BOARD OF APPEAIS Minutes - 4 - November 2, Z977 � � . . � � � . .. . . . . . .. � . ,, "` ZONING BOARD OF APPEA.'� - 5 - '"� November 2, I977 VT. James Wolak - tiTariation - Rear Yard F Lot Area continued) � Soil borings have determined the best location for the house; and there is also a creek running through the west sid.e of the yard. This creek continues through 'the long and narrow lot to the north; the Iot is low and has no building on the rear portion adjacent to this parcel. The lot to the east is improved with a house that has a non-conforming yard. No one appeared for or against the petitioner. Niember Fraser maved - seconded by Member Regas... To grant �he variation as requested because there is a unique � situation where the depth of this lot makes it a ha.rdship to buiTd without a vaxiation; and the house on the adjoining propwrty is already in violation of the ordinance so, therefore,.it �►ould not alter the chara.cter of the neighborhoal. . Roll call vote - Ayes: Members Ewing, Fraser, Hodges, Regas, and Chairman Baroni . Nays: Members La.very and Muschler _ Absent: None So ordered. PUBLIC HE�iFtING . VII. First Federal of Chicago - Special Use - Drive-in, Spring Rd, between 16th St. � Harger ; _ ' Petitioner requested continuance by �.etter dated November l, 1977. . Member Lavery moved - seconded by Member Muschler... To continue to next regular meeting of December 6, 1977. Voice vote - all in favor So ordered. APPEAL VIII. Clark C. Auster, 4 Baybraok Lane - Appeal of Building Co�mni.ssioner's Decision on Structure in Side Yard The oath was administered to Clark C. Auster, 4 Baybrook Lane, Oak Brook, IL. Mr. Auster gave a description of the dog r�m that was erected adjacent to the west side of his residence. A 48" high cyclone fence encloses a cement pad 32 feet wide x 22 feet long. It has a drain for water and the dog is canfined for only shart periods of time. This is the only suitable area, because the garage has dooxs in the front and rear. To improve the appearance, bushes can be densely planted surrounding the fence. Discussion followed relating to cement sidewalks and driveways as permitted uses in side yards, but patios are permitted in rear yards only. Enclosure of the i , cement pad. by a 48" high fence would also seem to violate the ordinance. ,. ZONING BOARD OF APPEAIIS Minutes - 5 - November 2, Z977 . VILLEIGE OF OA� BROOI� ,, ,,,,� (� � 1200 Oak Brook Road r � 654-2220 SGEI�DULE �� RECEIPT FOR PUBLIC HGA�Z�!�TG - hame of Appl.icant � � . � � �� k Received by � �-Q�_..._`� c `� � Date 6 �� 7 � . _ iJ.lage Cler . �.� Re�ceived ��'� '�,, T �` �\a�- L�� (5p`� C e No. ,.`J ame • - Date Arr.ount App�icant shouZd be present at meetings checked: � _' � - Board af Tx-iistees P�Ieeting - . ?•30 P.I�i. . Tuesday `� ��7�. Publication Date - DOINGS hTEt�1SPAPER : �' Thursday �! f 317� Plan�Commi.ssion AZeetin� 7:30 F.A�i. hionday - � � Zoning Board of App�als Meetin - _ - . , � _ g 7:30 P.A�. Tuesda j �/ /7� `�;� Board af Trustees I�teeting ' 7:30 F.I�I. � b S ?1� Tu..s�ay � J Board of Tn�stees I�Zeeting . . - - 7:30 P.M. Tuesd.ay S%�I7� AlI meetings are held in the Samuel E. Dean Board Raom of the Oak Brook �illage Co.�mons, 120Q Oalc Brook Road (31st Street). . PR.IOR TO St�-�ULED b�ETING, APPLICEII�,�' IS TO REQ';TEST STATUS OF APPLTC�I'TIfl�T, ALLOi,Z\G F�R SUF�ICIEi\�' TIPY� Tfl SJB�IIT .A�'VY Al�DITI0I�L I�1.�TER��L. 120� .�� rook Road, Oak Brook, Illinc�is 6QS21 ,: ,.� � 654-2220 FZEQI.TEST FOR PUBLIC HE.�IRII�G -_�________________________________________________________________________________ DO I1�`I' tiV'RITE IN THIS SPACE -- FOR OFFICE USE O�I,Y Date Filecl.: Dates set for Hearirigs: Plan Co�unission Zaning Board of Appeals Board of Trus�ees Board of Trustees Referral ApprovaZ o� (}r fnan�e Published Notice Made Neti,rspaper (date� (name of newspapex) • ' . Date Adjacent Property Owners Notified Fee Paid: Receipt No. Amoun;. Uate Comments: (�ndicate other actions such as continuances) . Variation S-224 approved lI/22/77 for P.ear �ard of 47' . APPLICAIv'T TO C�qPLETE Action Requested 4' �rt�Yard v ?'iann,�to �,��AW P_y��,� �jP�+ 3,`.�"_��e��.��ont b;zildxn line. Re r o •o _ ��*�X�� variatic�n setbac7� os 47 ' . � ?lmendment to S-224 tiaould alloVi eves to be constrtzcted Rear vard - Va -� � �= 'a ' ` datian. �iV T�E PROPERTY DESCRIBED BEL�,V: Address � �020 Oak Brook Rd. Oak Brook ' Present Use . Residential s' le famil ' � comrr,ercial, u�. ustrial, resi ential, agricultural, etc. Zoning District �� R-2 Zon:ir�g Ordinance Section VII,D,8,a � c. NE11�fE OF APPLICAI`7T James a.nd Janice r,�olak TELEPHQ� NU:�9BER b.5b 7964 ADD�ESS: 5Q65 w z9t,�. St. CITy Cicero STATE IlI. ZIP 606��J PRQPERTY INTEREST OF APPLICANI': Owner ` owner, contract pur aser., etc. ' Oi��R OF RECORD James and Janice Wo�7.ak T'ELEPHO.� l�'Ui`�IBER 6.5679b4 QI?DRESS: 5fl65 w. 29th.St. CITY Cicero STATE Ill. ZIP 6Q650 BEI�EFICIARY(IES) OF TRUST: . �,�. None TELEPHO� �'U�1BER �DDRESS: CITY ST�TE ZIP � ��FILTNG S�TEDLTLE - :Z�A.RLATIOtiT: yIf1�T BE'RECEIVED PF:IGR TO TI-� FIRST OF T� �:O�H FOR PUBLIC H�IRING ON TF-IE �IRST TUESDAY OF TF-IE FOLLO�tirI\TG ��IO�TH. AI��;N�iMENT OR : . � SPEGIAL U�E: P�'UST BE REC£IVED PRi012 TO THE 15th 0� Tf� i��yTH FOR PL:4I�t C��IISSION �1EAKING `ON Tf� THIRD b'�i�'D�Y OF Tf� FOLLO;GING - hfONTH, WITH ZONING BOARD PUBLIC HF�ARIti� TO FOLLO�J. �� Zfl��:Il�'G ��'+�.�,�1fEi�'�' �T SPECI�aL US� � t�ARIATiC)�,f . :F'ea: ��U.:.Ot� e: _'150.OJ �e��;i�50.06 �.I.L APPLICATION A��JST'BE ACC(d'•1Pt��iIID BY PROPER FEE, PI�aT OF SITP.VE1', A:�� (I8) COPIES CT� �\ SC.�..,E DRA��IING, SHO��IL;G �1r L PrRTI��;T �PLT�Lr I��FCI�`•i-\TiO�i,` i.e. �- �'RG�;:R`�Y L�;�E�., EkISTI�YG BUII.DI�GS�, L�C.�ITIG�t Or P;JPOS:D CC�,TS'i uCTiOti, ��'I EuI.��;�.S `'\ t�L1J��i4T �C?P�RTY �'�IT!-iIN _1:Q0 FEET OF SU�3:TECT PRCP.E.RTY. `t� °e Filed 1+Tit1Z �ri11a�� Clerk �� . ( 'gnature o ~ 1 t� _ � , _ .._..__. ��a��,�_�... .._, � - _- _-_____.,__ ._:: __ - _ _ � -- --� - ._.,_. _ - �-_�-____ . , _: . ..,.. . , . .. . .. . . .„��:�.::� � ��'.^-�e.^�. ... ... . .. .... �.� �1' ^^ . . . c.:.. � . . I { � � ; Reasons £or Rec�u�:�t � Variation "'1 Please note that the follo;vino nuestions mus-� be answered ca.rr�pletely. If adclitio:�al space is neecled, attach extra pages to application. Befoxe ans�,�ering,read the Notice to Applicants on the fQ1zQjJ�g'pape. 1. �4'hat characteristics of your property prevent a:ts being used for an� of the � , uses pexmitt�d in your zone? . " Too narxow Elevation Soil Too sma12 Slope Subsurface � Too sha.Ilos�r X Shap� X O�her 2. Describe the items, giving.dimensions irhere applicable. _ Lot area aprox. 30,000 sq.ft. 210 ft.frontage, 140 ft dept 3. Ho�J do the above site conditions prevent any reasonable use of your land under the tenns of the Zoning 4rdinance? Buildable area too shallow for any . . practical use � 4. To the bpst of your la�owledge, can you affirm that the hardship descrit�ed � � above was not created by an action of anyone having property anterests in � � the land after the Zoning Ordinance or applicable part thereof became law? � Yes X No : . If "no" e�cplain tahy the hardship shou).d not be , � regarded as self-imposed. (self-imposed hardships are not entitled fio a � Variation} � . � 5. - Are the conditions on your property the result of o�her man-made chan�es � (such as the relocation of a road or hightiaay)? No If so, descrzbe I � � 6. � Which o.f the following types of modifications will a11ow you a reasonab�.e ' � use of your land? � _ , Change in setback requirement? � . • = . Change in side yard �restriction? . ('hange in area requirement? � : Change in I.ot-coverage rec�uirement? _ . Change in off-street parkin.g rec{uirement? Other(describe� 7. State what is the Variation reauested, giuing dista.nces where applicable. _ Ft. ,yard. variance 'to allow eves to pro j�t 3 ft ;n,� �vPr ft t»>i l c�i n�n�� _ Rear yard variance to allow eves to �ro ject 3 ft ovsr ear b,�;]�,,;n 7;.,0, . 8. Are the conditions of hardship for which you request a Variation true only of your property?: yes If not, how rn��.ny other properties are similarly affected? - 9. �'�Ii11 the grant of `a Varzation in. the form requested b� in harr.ony :a��h th� : neighborhood and not contrary to the intent and purpose ot the Zoning Ordinance? � YeS ElabOx'a.tE' Ri�ilding c�n ac3iarPnt (a t� �nrnTarF . e..+ a • beyond Ft, and rear ildin�,]�,r�� _ ......�rd...__A.T_�._..�.. _ _ .�.�,�: _._�_,�._�.w_._.._..,�._...__�,_ ..,�..-�,.. . . . . �� _._��.�m . , � �� _ , �;�nes Qf Surrounclin� P�erty 0��•�:�ers . � Follo:�rina are the names and addresses of surxou,�dino prup�rty o::ners fxom the prop�rty in c�uestion for a di.stance of 250 feet in all directions, and the num�ber of feet dccupied by all public roads, streets, all�ys, and public i�:ays have bezn excluded in computing the 250-foot renuirement_ Said namAs are as recarded in the oFfice of the County Recor�er of Deeds (or the Registrar of Titles of the County) and as appear from the authentic ta�c records of this County. � Name � Acl..dresses �--� � . �� S , �: � � a � � �� Q �a_� . �` 3 D t O h �..�� ` _ 3� �3 ��.« ,�o��Q� : �� . � ___{� . _�� -�' �'..-.!-�- � ( � � \\ �w a�., I (we) certify that a11 of the abave statements and the statements contained i.n any papers or pZans submitted heretivith are true to the best of my (our) l�.owledge. and belief. . _ . . , �� . Signature) A licant (Date) ; - : . . ` �-�1�7� : Sign plicant . (Dai.e) ; . : h10TICE TO APPLICANTS . . A Variation iS a zoning adjustment which permits minor changes of district requzxe- _ ments where itulividua.l properties are both haxshly and uniquely burdened by the strict applica�ion of the law. The power to vary is restricted and the degree of = � . Variation is limited to the minimim2 changz necessary ta overcome the inequality � inherent in the proper�y. -� . _ L A Variation recognizes that the same district requi�em�n�s do not affect all ` � properties equally; it was invented to permi.t minor changes to alloi�r hardship - - pro��rties to enjoy eaual opportunitzes i,rith properties similarly zoned. You rtust prove tn.at your l�s�.d is affected by special circu�starLces or unusual con- ditions. These must result in uncorrunon hardship and w�equal treatment under the strict application oi the Zoning Ordinance, i'7here hardship conditions extend to other properties a Vaxiation cannot be granted. The rer:tedy for general hardship is a chanoe of the map or the text of the Zoning Ordinance. . 2. You r��ust prove that �he combination of the Zoning Qxdinance and the unco�nmon conditions of your pxopexty prevents you fro�n making any reasonable use of your - . � land as permitted by yaur present zonin� district. Since zoninb reo lates land .and not people, the fol.lowina conditions cannot be considered pertinent to fihe ap�licatzon for a Variation: (1) Proof that a Variation �:ou2d increase the finan- cial return from t�ie land, (2) Personal hardship, (3) Self-im�osed hardship. In - . fihe last case, the recognition of conditions created after the enactment of the Zonin� �dinance tiaould encouraoe and conJ.o�e �;�iolation af the la;r. 3. No E'ariation may be grante�. wnich i:ould advexsely affect surrouncling pra�erty or ti�e general neighbor'r.o�3. All Vari.ation� rcust be in ha,�.�ony i1*ith the intent and purposes of t�ie Zonin� Ord�r.ance. . ._. ..�..�„_ .w.....__------ -- -- —___-_-____ _ ___ zrt,�n, ., ..�.-..-P--...__.-_,.. . _�_.___ �.�..,___.�..�.- .. __. _ �_ _ -�_ _ ^�..�.�ea�.e-a+..—'-__�'.,. .>.... ..m... ..,w_..�.in-Mw....trv�+nfil�v.m .a�m.'t'e'eS,n.c�'R�.vx..�w..wm+mxs,..:, t.yMww-s..-rv--+•.�w"^'... � pA /�` t � �� , , . . � � . . . . � . � . G �. . � . � � � . � � � � � � � � . ... � � � � � � � 9�, . . �� . � . � � .. . � . . . - � `��'au� VI LLAGE OF OAK BROOK 1200 OA K B ROO K RO A D OAK BROOK, ILLINOIS Jtme 13, 1978 �s.a-aazo MII�IO T0: File - SUBJECT: James J. Wolak - Rear Yard Variation , On September 22, 1977, James Wolak f�led a petition for a variation to the rear yard setback for Lot 3 in McElwain`s resubdivision at 302Q Oak Braok Rd. (31st St.). The petition was heard by the Zoning Board of Appeals on November 2, 1977, �rith a favorable recommendation. The Village Board directed the Village At- torney to prepare the required ordinance at the Soard meeting of November 8th, and enacted that ordinance at the Board meeting on November 22, I977, The application states that the petitioner was seeking a reduction from 60' to 47'. Testimony before the Zoning Board of Appeals uses the figure 49t ; and, as finally passed and approved by the Village Board, the figure is 47'. . On Ji.me 1, 1978, Mr. Wolak applied for a building permi.t on the subject Iot. ttpon xeview of the plans it was found th,at the rear yard setback, as measured under the Oak Brook Zoning Ordinance, was only 40t. The house plans submitted on Jtme 1� 1978, were the same house plans that ha.d been submitted in con- jwlction with the variation petitian the previous fall. In measuring the vaxiation distance reauired, a second floor overhang in the front, and the eaves in both the fxont and the back had not been considered. The setbacks and the resultant variation required had been measured from the lot line to the fotuidation waZls, instead of from the Iot line to the outside edge of the eaves. Because of this, Mr. Wolak was faced with a 7' deficiency in his rear yard setback varzation. This situation was reviewed by several Staff inembers, and wi.th Village Attorney Don Foxester. The conclusion was that the only means of rectifying this situa- tion was for Mr. Wolak to r�-petition the Zoning Board of Appeals for the additional 7` rec{uired, and for the Zoning Board's recortmiendation to be passed to the Village Board for final action. . Res ectful y submi ted , , Ed Glatfelter Assistant to Village Manager EG:bw , � .. . .. , .. __ ._.. _ . _. _: -f..., ., . ..,,r�._ . ._ .. _ . � `.�h�� V '�0'�'v" � ;�Q7 � � � ��'9 � �-.�. 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