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S-436 - 07/24/1979 - VARIATION - Ordinances ORDINANCE NO . S 436 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION VII (D) (8) (a) OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK, ORDINANCE G-60, AS AMENDED, RELATIVE TO FRONT YARD REQUIREMENTS IN A R-2 SINGLE FAMILY DETACHED RESIDENCE DISTRICT (625 Acorn Hill Lane) WHEREAS, an application has been filed requesting a variation from the provisions of Section VII (D) (8) (a) of the Oak Brook Zoning Ordinance, Ordinance G-60 , as amended; and WHEREAS, a public hearing on such application has been conducted by the Zoning Board of Appeals of the Village on July 3 , 1979 pursuant to due and appropriate legal notice; and WHEREAS, a recommendation has been made by the said Zoning Board of Appeals that the variation requested be granted; and WHEREAS, the said Zoning Board of Appeals made explicit findings that the variation requested meets the applicable stan- dards set forth in Section XIII(G) (4) of the said Oak Brook Zon- ing Ordinance ; and WHEREAS, the President and Board of Trustees of the Vil- lage of Oak Brook concur with the recommendation and findings made by the said Zoning Board of Appeals; NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows : -_, Section 1: That the provisions of the preamble .herein- --aboave set forth are hereby adopted as though fully set forth herei1 . Section 2: That a variation is hereby granted from the provisions of Section VII (D) (8) (a) of the Zoning Ordinance of the Village of Oak Brook so as to allow the construction of an addition and the enclosure of an existing rear deck seventeen feet into the required forty foot front yard on the property described in Section 3 hereof. �- Section 3: That this Ordinance is limited and restricted to t1:-- --:p�o?erty. located at 62S Acorn Hill Lane , Oak Brook, Illinois , which proper ' s legally described as follows : Lot 2 in Reuben vision of Lot 2 in Soukup' s Subdivision of a portion of thwest quarter of Section 36 , Township 39 North, Rd. � 11, East of the Third Principal Meridian in DuPage Co Lllinois . Permanent Parcel Number: 06-36-306-005 0 G O' DA �QUN VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS July 26, 1979 654-2220 Mr. Thomas G. Colmey 625 Acorn Hill Lane Oak Brook, Illinois 60521 Dear Mr. .Colmey, The village board at their meeting of Tuesday, July 24, 1979 passed and approved Ordinance S-436, an ordinance granting a Variation from the provisions of Section VII (D) (8) (a) of the Zoning Ordinance of the Village of Oak Brook relative to Front Yard Requirements in a R-2 Single Family Detached Residence District (625 Acorn Hill Lane. Attached hereto you will find copy of the ordinance. Please contact our Inspection Bureau for necessary permit and plan re- view. Si cerely yours, O Kenneth G. Carmigni-- Village Manager KGC/ls att. Inspection Bureau ORDINANCE NO . S- 436 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION VII (D) (8) (a) OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK, ORDINANCE G-60, AS AMENDED, RELATIVE TO FRONT YARD REQUIREMENTS IN A R-2 SINGLE FAMILY DETACHED RESIDENCE DISTRICT (625 Acorn Hill Lane) WHEREAS, an application has been filed requesting a variation from the provisions of Section VII (D) (8) (a) of the Oak Brook Zoning Ordinance , Ordinance G-60 , as amended; and WHEREAS, a public hearing on such application has been conducted by the Zoning Board of Appeals of the Village on July 3 , 1979 pursuant to due and appropriate legal notice; and WHEREAS, a recommendation has been made by the said Zoning Board of Appeals that the variation requested be granted; and WHEREAS, the said Zoning Board of Appeals made explicit findings that the variation requested meets the applicable stan- dards set forth in Section XIII(G) (4) of the said Oak Brook Zon- ing Ordinance ; and WHEREAS, the President and Board of Trustees of the Vil- lage of Oak Brook concur with the recommendation and findings made by the said Zoning Board. of Appeals ; NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES , ILLINOIS as follows : Section 1: That the provisions of the preamble herein- above set forth are hereby adopted as though fully set forth herein. Section 2 :' That a variation is hereby granted from the provisions of Section VII (D) (8) (a) of the Zoning Ordinance of the Village of Oak Brook so as to allow the construction of an addition and the enclosure of an existing rear deck seventeen feet into the required Forty foot front yard on the property described in Section 3 hereof. Section 3: That this Ordinance is limited . and restricted to the property located at 625 Acorn Hill Lane , Oak Brook, Illinois , which property is legally described as follows : Lot 2 in Reuben's Subdivision of Lot 2 in Soukup's Subdivision of a portion of the Southwest quarter of Section 36 , Township 39 North, Range 11 , East of the Third Principal Meridian in DuPage County, Illinois . Permanent Parcel Number : 06-36-306-005 . i Now Ordinance No . S 436 625 Acorn Hill Lane Page two Section 4 : That the variation granted in this Ordinance is expressly subject to the condition that the proposed construc- tion be completed in substantial compliance with the site plan dated July 3, 1979 , attached hereto, labelled Exhibit "A" and hereby made a part hereof. Section 5 : That this Ordinance shall be in full force and effect from and after its passage and approval pursuant to law. Passed this 24th day of .T„1y 1979 . Ayes :- Truste � g ��nnl�fic� ann Rich Nays : None Absent: Trustee Philip Approved this _ 24th day of 7„�v , 1979. illage P esident ATTEST: Village Cler Approved as to Form: Vi 1 ge Attorney Not Published X Published Date Paper 0 V� OAK 9 P ' c a ti VILLAGE OF OAK. BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 July 19 , 1979 MEMO T0: President $ Board of Trustees SUBJECT: Colmey Front Yard Variation At the regular Village Board meeting of July 10 , 1979 the Board directed me to prepare an ordinance granting a six foot front yard variation to the Colmey property at 625 Acorn Hill Lane . Re- computation of the extent of the variation by the Building Inspection Department revealed that the proposed improvements would encroach seventeen feet into the required front yard. An ordinance has been drafted incorporating this distance. The proposed addition and im- provements are the same as explained at the Zoning Board of Appeals public hearing . Respectfully submitted, John Brechin Village Attorney JHB/cak I ow f& S° - W2JYI 700 r co/a . .-LC Lane Dah t izoo,2, dune 27, 1979 Of- l RUIJX V c.1 (uv e vl. Ua� . l.0vh Dan O ooh, V-i,wtA r> , iUe �ce4 <-rLll aecue ��ct, .he ,' e ��vu eveavviiLe cvry n zv tke /W,00-4erti n do .trae Cv lrze �c�idence at 623 t colm t!LU Lane. Lie a&l ez mce .&e appecza ce �c r n , v .tie n einz uv �vci� S.cncerz e.Ly, do o en t C. G/Cn P. f in i June 20th. , 1979 Vittage o6 Oak Mook Prcmident Board o6 Tk"teed Oak Bhook, Itti.noia 60521 S-c1cb; . We have been .shown the plan of the proposed addition to the Co.tney ,.e idence at 625 Acon.n Hitt Lane. We beUeve that the addition would -improve both the appearance and ti.vabitty o4 the home and the nei_ghbothood as weft. We urge the V.c t Cage to approve the pnopoaat. S.i.ncene.Ly; 13a G. Hu en Adet i.ne M. Hunter f 118 Aco)w Hitt Lane . Zoning Board Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60521 Dear Sirs: We have seen the plans for the proposed enclosures on the Colmey property at 625 acorn Hill Lane and have no objections to your granting the variance they have requested. Signature Address o i �✓ -- . �� T e I LEGAL NOTICE VILLAGE OF OAK BROOK ' DU PAGE AND OF PUBLIC HEARING ILLINOIS PUBLISHER'S CERTIFICATE NOTICE Is HEREBY GIVEN shof the public illlage of Oak .before the Zoning Board oe f Appeal Brook,DuPage and Cook Counties,Illinois,will be leis on THIS IS TO CERTIFY That the notice, a true copy of which is attached to this OakBrook Road,7:30 inois,for the Purpose Of clonsideeing t application of Thomas G.Colmey fora variation as provid• certificate, %sas published in THE OAK BR^Olt DOINGS once each week for Village of Oak1Brookt III not torsi ante Gr60 as am or ed under ll variation to the following sections of the Zoning Or One • A variation from the provisions of _ weeks successively; that the date Section a is requested: Section VII(D)(8)(a)1d allow the enclosure and winter z .r.ing of an existing re enerallynde described 625 yard. n Hill 14th the property may, beg of the first publication was the. ......... day of Lane, Oak Brook, Illinois, and the legal description as - follows: • subdivision of anportion�of the subdivision quarter of June..................... Lot 2 in section as,Township av North,Range 11 east of the A.D., 19.:T2.., and that the date of the last publication was Third Principal Meridian In DuPage County, I( linois. rtoforlhoPPai :, da of--------------------------------------A.D., 19........... All persons desiring To be heard in svppQ y ,.lion to the proposed opportunity to do so provision nd may subfihelir e.......................................... AND IT IS FURTHER CERTIFIED That THE OAK BROOK DOINGS is a be afforded an opor secular newspaper of general circulation, published weekly in the Village statements orally or in writing or both.The hearing may be istosed to aannounced latniha hear ngaoa place sgivenr by the date of publication oearinghan five,l5)days prior to ? in he Hinsdale, sCounty of tHinsdale, Clair radon Hills,1Oak� Brook, Willowbrook,eBurr Marianne Lakosil Village Clerk Ride adjacent unincorporated and incorporated areas, and in DuPage and Published at the direction of the Corporate of Oak Brand Cook Counties, Illinois,pand in other areas; that said THE OAK BROOK ...the Zoning Board of Appeals of the V Itage of Oak Brook, DuPage and Cook Counties,Illinois• - DOINGS is a "newspaper" as defined by the Illinois Statutes made and pro- �,. Published in the Oak crook Doings,June 14,if+�9. vided 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, July 17, Laws 1959, p. 1494, §.1; and is also a "newspaper" as defined by Section 1 of "An Act concerning 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 OAK BROOK 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 OAK BROOK DOINGS has affixed his hand and seal this .............day of----J une............... A.D. 19.79_.. $21 . 84 Publishers Charge........................ .......... ..... t~J Co-publisher i� r . 1200 Oak Brook Road 654-2220 . i SCHEDULE A0 RECEIPT FOR PUBLIC IDUZING Name of Applicant o �o w► e_ Received by Date (o ' /7 J illaQe Cler / o Received ( (o e1 g ,T.1n bwt a s C �,. e S'�3►�7 (�� C e ,- No. Name Date (Ar ount Applicant should be present at meetings checked: Board of Trustees Meeting 7:30 P.M. Tuesday 6.h , Publication Date - DOINGS NEVSPAPER Thursday W7 Plan.Co:mission Meeting 7:30 P.M. Monday Zoning Board of Appeals Pleeting 7:30 P.M. Tuesday 7/J' 79 -� Board of Trustees fleeting 7:30 P.M. - Tuesday Board of Trustees fleeting - 7:30 P.M. Tuesday .2 19. All meetings are held in the Samuel B. Dean Board Room of the Oak Brook Village Comd;is, 1200 Oak Brook Road (31st Street). _ PRIOR TO SCHEDULED NMEETING APPLICANT IS TO RE VEST STATUS OF APPI:ICATIO\T ALIA:�T\TG FOR SUFFICIEi\'T TIME TO SUBMIT AW ADDITIOW L MATERIRL. `m• '•: IZr RE'JIc-t'S wOIVISImt of LOT 2 IN S4U'CU°'S SUIDIVISION OF A DORTIOM OF I E SDJrraft EST -. .;`TE? A= SECTIM 35 7n'-N';41° 37 MORTH, R.A%Jr-E 11 EAST O THE 't}•tIP.D PRINCIPAL MERIDIAN Ilt • DU ON,= MPITY.' ILLINOIS. Cn2.4.Es ` r I y • Ji-O� 2vt•ttL911.SCar . .._... .. � � .�. • 17?.n' 5� VILLAGE OF OAK BROOK 12001k Brook Road, Oak Brook, I11' s 60521 654-2220 REQUEST FOR PUBLIC HEARING DO NOT WRITE IN THIS SPACE FOR OFFICE USE ONLY Date Filed: I 7 Dates set for Hearing: Plan Commission Zoning Board of Appeals Board of Trustees Board of Trustees Referral Approval of Or ande Published Notice Made Newspaper (date) name of newspaper Date Adjacent Property Owners Notified Fee Paid: Receipt No. Amotu Date Comments: (indicate other actions such as continuancesj APPLICANT TO COMPLETE i Action Requested Variance to enclose and winterize rear deck as part of main housed Vna.t 4-i��, o�,,.► So . `o� V 11 R ON THE PROPERTY DESCRIBED BELOW: Address 625 ,Acorn Hill Lane Present Use Residential commercial, industrial, residential, agricultural, etc. Zoning District ({— Zoning Ordinance Section NAME OF APPLICANT Thomas G. Colmey TELEPHONE NLNIBER 323-7792 ADDRESS: 625 Acorn Hill La;erjy Oak Brook STATE 111• ZIP. 60521 PROPERTY INTEREST OF APPLICANT: Owner owam� contract purchaser, etc. OIMR OF RECORD TELEPHONE NUMBER ADDRESS: CITY STATE ZIP BENEFICIARY(IES) OF TRUST: NAME: TELEPHONE WIMBER ADDRESS: CITY STATE ZIP FILING SCHEDULE VARIATION: MUST BE RECEIVED PRIOR TO THE FIRST OF THE MONTH FOR PUBLIC HEARING ON THE FIRST TUESDAY OF THE FOLLOWING MONTH. : AMEN WENT OR SPECIAL USE: MUST BE RECEIVED PRIOR TO THE 15th OF THE MONTH FOR PLAN CX)NMISSION HEARING ON THE THIRD MONDAY OF THE FOLLOWING MONTH, WITH ZONING BOARD PUBLIC HEARING TO FOLLOW. /—� ZONING AMENDMENT hj SPECIAL USE VARIATION Fee: $150.00 T ewe:— 150.00 Fee: $150.00 ALL APPLICATION WST' BE ACCOJPANIED BY PROPER FEE, PLAT OF SURVEY, AND (18) COPIES OF A SCALE DRAWING, SHOWING ALL PERTINANT APPLICABLE INFORb1ATI0N, i.e. - PROPERTY LINES, EXISTING BUILDINGS, LOCATION OF PROPOSED CONSTRUCTION, A`,'Y BUILDINGS ON ADJACENT PROPERTY WITHIN 100 FEET OF SUBJECT PROPE To Be Filed With Village Clerk .(Signature of Applicant) APPLIDNNT TO CUd F.TE f fo Reasons or Request q st �axiatlon Please note that the follo,,;ing questions must be ansti•,,ered completely. If additional space is needed, attach extra pages to application. Before answering,read the Notice to Applicants on the following page. 1.* Mat characteristics of your property prevent its being used for any of the uses permitted in your zone? Too narrow Elevation Soil Too small Slope Subsurface Too shallow Shape Other 2. Describe the items, giving dimensions where applicable.Existing house does not conform to present setback zoning regulations 3. How do the above site conditions prevent any reasonable use of your land under the terms of the Zoning Ordinance? Need to expand existing house with room addition 4. To the best of your knowledge, can you affirm that the hardship described above was not created by an action of anyone having property interests in the land after the Zoning Ordinance or applicable part thereof became law? Yes X No If "no" explain why the hardship should not be regarded as selfimposed.(self-imposed hardships are not entitled to a Variation) S. Are the conditions on your property the result of other man-made changes (such as the relocation of a road or highway)?_ yes If so, describe House existed at present location before setback regulatign WAR made. 6. Which o.f the following types of modifications will allow you a reasonable use of your land? , Change in setback requirement? X Change in side yard restriction? Change in area requirement? Change in lot-coverage requirement? Change in off-street parking requirement? Other(describe) 7. State what is the Variation requested, giving distances where applicable. Room addition (enclosing deck behind house) requires 8' variance in setback requ remen . . 8. Are the conditions of hardship for which you request a Variation true only of your property?; Yes If not, how many other properties are similarly affected? 9. Will the grant of a Variation in the form requested be in harmony with the neighborhood and not contrary to the intent and purpose of the Zoning Ordinance? Yes Elaborate Requires only a modification of existing dwelling; i.e. deck enclosure at rear of house. Names of Surrounding Property 0,Nners Following are the nanCs and addresses of surrounding property o:�rners fro-: 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 i:ays have been excluded in computing the 2'30.-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 Addresses R. Reiss 515' Acorn Hill Lane J. Lamkin 701 Acorn Hill Lane R. Fruin 700 Acorn Hill Lane T. Franzese 6,V Acorn Hill Lane �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. Signature) Appltpnt (Date Si U;e) Applic t Da e NOTICE TO APPLICANTS 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 properties to enjoy equal opportunities with properties similarly zoned. You must prove that your land is affected by special circumstances or unusual con- _ di.tions. These must result in uncommon hardship and unequal treatment under the strict application of-the Zoning Ordinance. Where hardship conditions extend to _ other properties a Variation cannot be granted. The remedy for general hardship is a change of the map or the `teit 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 malting -any reasonable use of your land as permitted. by your. .pres.ent zoning district. Since zoning regulates land and not people, the following conditions cannot be considered pertinent to the application for a Variation: (1) Proof that a Variation would increase the finan- cial return from the land, (2) Personal hardship, (3) Self-imposed hardship. In the last case, the recognition of conditions created after the enactment of the Zoning Ordinance would encourage and condone violation of the law. 3. No Variation may be granted which u;ould adversely affect surrounding property or the general neighborhood. All Variations must be in harmony with the intent and purposes of the Zoning Ordinance. L4'•a :_ Imo'. r^••_tJ'.EM'S SU�DIVISIO�t LOT 2 IN SOUKU°'S S1J'DIVISI ." A DORTION OF TuE SOJT-'-;'•IEST �u::�TE? OF SECTIMI 3�. TO-N- 5-41 30 NORTH, RA"Ir--E 11 EAST OF TH- P-1IP,D PRINCIPAL MERIDI.wV IN DU Dn;E M.AITY.' ILLIN IIS. got o 14.0' t�t,.,llLptAit_-r O,f - ' f [ -ma C-maTIo s N - sou�rrtw=s-ca.cZL.`,t � r1.56 2Ca1.O0` - � . 'Styv2tt�LLi Ror�.o STATE OF 11-LtNO1S 1 SS STATZ OJT iLUN013 SS ' COUNTY OF OUPAGE j COUNTY Op DUPAGX WE,11AARX LOVEJOY&ASSOCIATES,INC- WE,MARX LOVEJOY b ASSOClATz3,Inc,,, HEREBY CERTIFY THAT WE HAVE 5URV' YED HEREBY CERTIFY THAT WE HAVE LOCATED THE THE PROPERTY DESCRIBED HEREON AND TtiAT RESIDENCE THE PLAT HEREON 'DRAWN IS A CORRECT RE. PRESENTATION OF SAME- On,r)-ii ABOVE PLAT AND THAT THE SAME 15 4;, — •L2 CORRECTLY SHOWN ON SAID PLAT. ,+1t�>>�� f��'i BURR RIDGE � �`q•n BURR RI A.O.197-7 �-. Nt i� i� BY' y _ +,.�.��.�; "•y!�t�� .++ REGISTERED 11-1-.14015 I.ANO SURVEYOR 4f93-7 BY 1 ��, Av- T.veGl,Ys_fiED�tLi.:rF- ,s OS�JAVBYOR � � � � � � N+?Tr_; IRON P;?5 AT As LO•: CO��1?ns ORDERED l3Y G'L� SUCK =C.I •. -- ::rn No. t •, ,A BO�r60O` '' PAG E es % S.w•. ,•�"{ - r �. F `t S �% ri ••� 1 COMPARE ALL POINTS BEFORE Sul LCLM1 jar Ch RY ANY OIFFERFMCE AT ONCE L:Z'.C` Cr+ECAF-D Wry R?j LOT Z. BLbc>t -_.. _�� -e,� ..� J•_)1- -_ _ __ _ _. ..J �� ti�..�.T"..y`V•..�ra�J+-1 • .._ .' ,.` ':.�. - :..• -... - .-.:- -.. -. -.:.: .:. - .:' --- '?rZYi"- _ .-'t- y-_#gam°'. , /moo low I Aw ✓� � L�a. ��GG . B-ANK TRANSIT S CHECKS S CASH RECEIPT DATE NAME DESCRIPTION RECEIVED NO. NUMBER BY: E A A VILLAGE OF OAK BROOK W�THOU SIGNATURE - 0 1200 OAK BROOK ROAD 9c�coun `2 OAK BROOK, ILLINOIS 16404 PHONE: (312) 654-2220 RETAIN THIS RECEIPT FOR YOUR RECORDS SAFEGUARD BUSINESS SYSTEMS 7" FORM CR-OTC Ordinance No S- 436 625 Acorn Hill Lane Page two Section 4 : That the variation granted in this Ordinance is expressly subject to the condition that the proposed construc- tion be completed in substantial compliance with the site plan dated July 3, 1979 , attached hereto, labelled Exhibit "A" and hereby made a part hereof. Section 5 : That this Ordinance shall be in full force and effect from and after its passage and approval pursuant to law. Passed this 24th day of July 1979 . Ayes : Trustees Brown, C'ongr r ., Marq irdt,R=nl ds, anti R, sh Nays :, None -� Absent: Trustee Philip Approved this 24th day of ,Tilly , 1979. 111-age PkIesident ATTEST: Village Clerk r Approved as to Form: Vi 1 ge Attorney Not Published X Pub 1is}1e = Date Paper