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S-474 - 06/23/1981 - SPECIAL USE - Ordinances ORDINANCE S-___474 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW THE FILLING OF A LOT AND CONSTRUCTION OF A SINGLE FAMILY RESIDENCE IN A FLOOD PLAIN PURSUANT TO SECTION 10-34 OF TIIE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK, ILLINOIS ( LOT 103 , TIMBER TRAILS ESTATES UNIT TWO ) WHEREAS, the owner of certain property described herein has petitioned the corporate authorities of the Village of Oak Brook, DuPage and Cook Counties , Illinois , for a Special Use Permit under Section 10-34 of the Code of Ordinances of the Village of Oak Brook, relating to flood plain and wetland regulations ; and WHEREAS, a public hearing on such petition has been conducted by the Zoning Board of Appeals of the Village on June 2 , 1981 pursuant to due and appropriate legal notice ; and WHEREAS, the Plan Commission of the Village of Oak Brook has sub- mitted its recommendation to the President and Board of Trustees ; and WHEREAS, the proposed use is consistent with the best use of the flood plain; and WHEREAS, the proposed use satisfies the requirements of and is consistent with each of the factors set forth in Section 10-34 (c) of the Code of Ordinances of the Village of Oak Brook; and WHEREAS, the corporate authorities of the Village of Oak Brook deem the passage of this Ordinance to be in the best interest and in furtherance of the general welfare of the Village of Oak Brcok; 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 hereinabove set forth are hereby adopted as though fully set forth herein. Section 2 : Pursuant to Section 10-34 of the Code of Ordinances of the Village of Oak Brook, Illinois , a Special Use Permit is hereby granted to allow the filling of a lot and construction of a single family residence in the flood plain on property located at 180 Forest Trail , Oak Brook, Illinois , which property is legally described as : Lot 103 (except the Westerly 2 . 0 feet thereof) of Timber Trails Estates Unit Two , being a Subdivision of part of the Northeast quarter of Section 23 , Township 39 North, Range 11 East of the Third Principal Meridian according to the Plat thereof recorded November 131 1947 as Docu- ment 533982 , in DuPage County, Illinois . Permanent Parcel Number : 06-23-200-029 Section 3 : That the Flood Plain Special Use Permit herein granted in Section 2 of this Ordinance is expressly subject to the following conditions : A. The requirement for compensatory storage is waived . B. The Petitioner shall cause the title holder of the property to execute a covenant not to sue in a form acceptable to the Village as approved by the Village Attorney and cause the same to be recorded with the DuPage County Recorder of Deeds prior to the Village granting any building permit . COVENANT This Covenant made this 24-rH day of N 1981 . W I T N E S S E T H WHEREAS, Dan Williams and Barbara J. Williams , his wife , as joint tenants and not as tenants in common, are the owners of the following described real property located at 180 Forest Trail in the Village of Oak Brook, County of DuPage , State of Illinois , to-wit : Lot 103 (except the Westerly 2 . 0 feet thereof) of Timber Trails Estates Unit Two, being a subdivision of part of the Northeast quarter of Section 23, Township 39 North, Range 11 East of the Third Principal Meridian according to the plat thereof recorded November 13, 1947 as Document No. 533982 , in DuPage County, Illinois . Permanent Parcel Number: 06-23-200-029 hereinafter referred to as "SUBJECT PROPERTY"; and WHEREAS, the Village of Oak Brook on June 23 , 1981 adopted Ordinance No. S- 474 granting the right to fill the subject property and construct one (1) single-family residence thereon, conditioned inter alia on the title holder of said lots executing and recording with the . DuPage County Recorder of Deeds a covenant not to sue in a form acceptable to the said Village ; and WHEREAS, the Village of Oak Brook, acting through its duly ap- pointed attorney has approved the form of this instrument to accomplish that purpose. NOW, THEREOFRE, Dan Williams and Barbara J. Williams , his wife , for themselves , their grantees , successors and assigns , covenant and agree with the Village of Oak Brook that neither they, nor their grantee of the SUBJECT PROPERTY, or such grantee ' s successors or as- signs will ever at any future time sue the Village of Oak Brook, its agents or officials , for or on account of any claim for flood damage to persons or property resulting from, or allegedly resulting from, the filling and construction of a residence on the SUBJECT PROPERTY, or any claim for or oi, account of impaired access to the SUBJECT PROPERTY caused by flood conditions . 1 VILLAGE OF OAK BROOK — Z C MINUTES OF THE REGULAR MEETING June 23, 1981 I. CALL MEETING TO ORDER The Regular Meeting of the Board of Trustees was called to order at 7:30 P.M. by President Cerne in the Samuel E. Dean Board Room of the Village Commons. A. Roll Call Present: Trustees George Congreve Walter C. Imrie Robert E. Listecki Arthur W. Philip Joseph H. Rush William R. Watson President Wence F. Cerne B. Public Hearing - Appropriation Ordinance Fiscal Year 1981/82 President Cerne called for the Public Hearing to be conducted regarding the proposed Appropriation Ordinance for the fiscal year commencing May 1, 1981 and ending April 30, 1982 as published in the Oak Brook Doings on June 18, 1981. Copies of the proposed ordinance were available for public examination, and no one appeared to speak in behalf or against the ordinance. Trustee Rush moved - seconded by Trustee Listecki. . . . To adjourn the Public Hearing regarding the Appropriation Ordinance. Voice vote: all in favor So ordered. II. APPROVAL OF MINUTES Trusted- Philip moved - seconded by Trustee Congreve. . . That the minutes of the Regular Meeting of June 9, 1981 be approved as submitted and waive reading of same. _ Voice vote: all in favor So ordered. III. ORDINANCES, RESOLUTIONS, VARIATIONS, PLATS, ETC. A. ORDINANCE 5-474: ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW THE �. FILLING OF A LOT AND CONSTRUCTION OF A SINGLE FAMILY RESIDENCE IN A FLOOD PLAIN PURSUANT TO SECTION 10-34 OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK, ILLINOIS (LOT 103, TIMBER TRIALS ESTATES UNIT TWO - DAN WILLIAMS.) Trustee Watson moved - seconded by Trustee Listecki. . . . To approve Ordinance S-474 and attached Covenant as presented and waive reading of same. Roll call vote: Ayes: Trustees Congreve, Imrie, Listecki, Rush, and Watson Nays: Trustee Philip President Cerne indicated approval of the motion. So ordered. B. ORDINANCE S-475: ORDINANCE PROPOSING THE ESTABLISHMENT OF A SPECIAL SERVICE AREA IN THE VILLAGE OF OAK BROOK AND PROVIDING FOR A PUBLIC HEARING AND OTHER PROCEDURES IN CONNECTION THEREWITH. Subject previously discussed at Regular Meeting .of .1/20/81. Trustee Congreve moved - seconded by Trustee Philip. . . . To approve Ordinance S-475 as presented and waive reading of same. Roll call vote: Ayes: Trustees Congreve, Imrie, Listecki., Philip, Rush and Watson Nays.:: . none President Cerne indicated approval of the motion So ordered. VILLAGE OF OAK BROOK MINUTES -1- June 23, 1981 VILLAGE OF OAK BROOK MINUTES -2- June 23, 1981 C. RESOLUTION R-306: RESOLUTION FOR IMPROVE14ENT BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE - SWIFT DRIVE. Proposed resolution necessary for the use of MFT funds for Slurry Seal, Base and Curb and Gutter Repair of Swift Drive from the North Cul-de-sac to the South Cul-de-sac, in the amount of $40,000.00. Trustee Congreve moved - seconded by Trustee Rush. . . . To approve Resolution R-306 as presented. Roll call vote: Ayes: Trustees Congreve, Imrie, Listecki, Philip, Rush and Watson Nays: none President Cerne indicated approval of the motion. So ordered. IV. FINANCIAL A. Request to Purchase - Emergency Communications System Similar system installed in Fire Station #1 in 1980 alleviates relaince upon normal phone lines for emergency calls and provides rapid response and reduced communications error. Trustee Imrie moved - seconded by Trustee Listecki. . . . To approve the purchase of a tone alert system at Fire Station #2 from Scan-Am Company, McHenry, IL. , at a cost of $3,743.00; and that the bidding requirement be waived due to other manufacturers not being able to supply a unit to interface with the existing unit. Roll call vote: Ayes: Trustees Congreve, Imrie, Listecki, Philip, Rush and Watson Nays: none President Cerne indicated approval of the motion. So ordered. B. Payout Final - Cherry Creek Landscape - Landscaping, Golf Course & Commons Continued from the Regular Meeting of 6/9/81. Trustee Philip moved - seconded by Trustee Listecki. . . . To authorize final payment to Cherry Creek Landscaping Company in the amount of $7,320.90 for work performed at the Village Commons and the Golf Club, subject to satisfactory completion of planting of the four (4) remaining trees. Roll call vote: Ayes: Trustees Congreve, Imrie, Listecki, Philip, Rush and Watson Nays: none President Cerne indicated approval of the motion. So ordered. C. Investments Trustee Rush moved - seconded by Trustee Congreve. ... . To approve and ratify the following investment from the Corporate Fund. One federally secured certificate of deposit in the amount of $410,000.00 to mature at Great American Savings and Loan on December 10, 1981 at a rate of 15.0% (177 days) . Roll call vote: Ayes: Trustees Congreve, Imrie, Listecki., Philip, Rush and Watson Nays: none - President Cerne indicated approval of the motion. So ordered. V. OLD BUSINESS A. -, Bid Recommendation - 1 ton Cab & Chassis '� aT*.T.nr.F nF DAR: BROOK -2-- June 23, 1981 0 OA . yr e G�cou" \ VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 June 4, 1981 President & Board of Trustees Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60521 RE: Dan Williams - 180 Forest Trail - Special Use Flood Plain & Structure Height Variation Dear President & Board of Trustees: The Zoning Board of Appeals, at its regular meeting of June 2, 1981, considered two petitions of Mr. Dan Williams, the first being for a Variation from the Structure Height provisions of Section VII (F) (6) (a) to allow the construction of a Single Family Residence with al-eight of approximately 32.5 feet as measured from the Natural Ground Level, this being a variation of approximately 2.5 feet from the height which is allowable in the R-4 Zoning District. The second petition was for a Flood Plain Special Use Permit to construct a Single Family Residence within the Salt Creek Flood Plain. During the course of the meeting, the petitioner withdrew his application for a Structure Height Variation, as indicated in the minutes, since the house will be redesigned such that a Structure Height Variation would not be necessary. Concerning the second petition for a Flood Plain Special Use Permit, the Zoning Board of Appeals is unable to make a recommendation to the Village Board of Trustees. As is noted in the minutes of the meeting, two spearate motions were made concerning this matter; one to approve and one to deny the petition, but neither motion was able to gain a majority of votes. Sincerely, Gene J. Baroni, Chairman Zoning Board of Appeals GJB:BFK:jr ZONING BOARD OF APPEALS Minutes -5- June 2, 1981 IV. DAN WILLIAMS - 180 FOREST TRAIL - SPECIAL USE FLOOD PLAIN & STRUCTURE HEIGHT VARIATION The Secretary noted for the record that a legal notice was published in the Oak Brook DOINGS on May 14, 1981, and that surrounding property owners were notified on May 13, 1981 concerning this matter. Mr. Dave Albers, an Engineer with Rtech Consultants, was present with Mr. Dan Williams to present their applicantion. Mr. Albers submitted the following exhibits to the record: 1. A reduced Xerox copy of a page from the Plat book showing the area surrounding the subject property. 2. A revised Plot Plan with a revision date of 6/2/81 which contains the following changes from the previously submitted Plot Plan: A. A revised Top-of-Foundation elevation of 664.8 which takes in account the 100-year flood elevation of 661.8. B. The area of the front porch has been added to the plan. C. An invert elevation at the North corner of the property has been added. D. Various contour lines have been corrected and/or modified. E. A Top-of-Foundation elevation for the structure immediately to the South of the subject property has now been added. The applicant stated that this revised Plot Plan is in full conformance with the recommendations made by the Plan Commission and has not been changed in any other respect. Mr. Williams stated that the particular hardship involved with this application concerns his mortgage commitment for the construction of the proposed residence. Member Reynolds requested an interpretation from the Village Engineer on the pattern of flooding in this area of the Village. Engineer Durfey stated that at times either Lake Doran, which is located East of the property, and/or Salt Creek, which is located to the West of the subject property, have been known to back up and flood the surround area. The low point at which water could potentially move between Salt Creek and the lake is located approximately 100 feet to the North of the subject property. The Village Engineer further stated that the 100-year flood level in this area is at an elevation of 661.8. This particular lot would be located in the Flood Fringe which is the slow-moving water. The Floodway, which would be the faster moving water, is located to the West of the subject property along Salt Creek. Member Reynolds stated that the Village should not allow construction of a residence in the flood plain when access to such a property by public safety vehicles would be severely hampered in the event of a flood. ZONING BOARD OF APPEALS Minutes -5- June 2, 1981 ZONING BOARD OF APPEALS Minutes -6- June 2, 1981 IV. DAN WILLIAMS - 180 FOREST TRAIL - SPECIAL USE FLOOD PLAIN & STRUCTURE HEIGHT VARIATION (Continued) Mr. Williams responded that the entire subdivision would be under water in a 100- year flood, not just this lot. Mr. Albers did admit that this lot is one of the lower parcels of property in .the immediate area, although the Village Engineer further stated that other lots in the area are of the same approximate elevation. Village Engineer Durfey further stated that this area has never experienced a flood elevation of 661.8, this level actually being a calculated figure. Mr. Albers believes that the highest elevation of flood waters of recent history is approximately 659.0. Concerning the requested Structure Height Variation, Member Crouch asked the . applicant whether certain construction techniques such as notching the foundation or revising the roof pitch could possibly eliminate the need for a Structure Height Variation. Mr. Albers stated that only six inches could be gained in notching the foundation; but, furthermore, they feel the builder is not sufficiently sophisticated to perform such a modified construction technique. Mr. Albers further stated that the possible revision of the roof pitch from 6:12 to 4:12 could reduce the overall structure height by approximately 2 1/2 feet in which case no variation would be needed. Member Savino pointed out to the applicant that due to the above circumstances there would be no hardship associated with the proposed structure height variation. As a result, Mr. Williams stated that he wished to withdraw his application for a structure height variation from consideration by the Zoning Board of Appeals. Chairman Baroni stated that such a withdrawal is within the prerogative of the applicant, and as such the Zoning Board will refrain from taking any action on that portion of the application. With respect to the requested Special Use in the Flood Plain, Member Hodges questioned the possible adverse affects of a 100-year storm on the proposed residence. Village Engineer Durfey stated that the house as planned would be located above the flood waters, although a portion of the driveway as well as much of the street would be under water. Member Savino requested clarification of the Plan Commission's action with respect to waiving the grading restrictions as contained in Section 10-49. Village Engineer Durfey stated that the requirements of Section 10-49 are that: 1. An area of at least five feet extending from the house must be graded essentially flat. 2. That within 15 feet of the house the grade must be brought down to that of the Natural Ground Level. ZONING BOARD OF APPEAL inutes -6- June 2, 1981 ZONING BOARD OF APPEALS Minutes -7- June 2, 1981 IV. DAN WILLIAMS - 180 FOREST TRAIL - SPECIAL USE FLOOD PLAIN & STRUCTURE HEIGHT VARIATION (Continued) If this Section were to be enforced with the proposed residence, the slope created in returning the grade to the Natural Ground Level would be either very steep or require an extensive use of retaining walls, both of which would be visually unacceptable. Chairman Baroni requested that the applicant respond to the eleven factors as contained within the Code of Ordinances (Section 10-34(C)) upon which the recom- mendations of the Zoning Board of Appeals shall be based. Mr. Albers made the following responses to the various factors: 1. There will be no affect on the neighbors surrounding this property as the increased flood heights are insignificant, and additionally, there would be no impairment to the flow of flood waters. This was also confirmed by the Village Engineer. 2. There would be no danger that materials would be swept onto other lands. 3. Mr. Albers has received assurance from the DuPage County Sanitation Department that there is sufficient capacity to handle the additional treatment for this property. 4. There would be no susceptibility of the proposed facility or its contents to flood damage, as there is no basement planned; only a minimal crawlspace. 5. This item is not applicable. 6. This item is not applicable. 7. The proposed structure is fully compatible with existing houses in the area. 8. The proposed structure is compatible with the Comprehensive Plan and the Flood Plain Management program for the area. 9. Mr. Albers stated that the applicant is aware of potential problems of access to the site by ordinary and emergency vehicles in times of flood. The owner understands the risk involved and is willing to accept that risk. Member Reynolds suggested that the applicant execute a Hold Harmless Agreement with the Village such that the Village would not be held liable in the event that public safety vehicles would be unable to reach the property during flood conditions. Attorney Brechin stated that an appropriate document to accomplish this would be a covenant which would run with the land, as was done in the case of the Merry Lane Subdivision. 10. As this property is in the Fringe area of the flood plain, it would not create any of the various problems stated in this item. 11. Mr. Albers stated that there are no other factors which would be relavent to this site. ZONING BOARD OF APPEALS Minutes -7- June 2, 1981 ZONING BOARD OF APPEALS Minutes -8- June 2, 1981 IV. DAN WILLIAMS - 180 FOREST TRAIL- SPECIAL USE FLOOD PLAIN & STRUCTURE HEIGHT VARIATION (Continued) Member Reynolds questioned the Plan Commission's action in waiving the compensatory storage requirements. Mr. Albers stated that providing compensatory storage on the proposed lot would be unworkable and that the only alternative would be to construct the house on stilts, which would be objectionable to the applicant. In the audience, Mrs. Clark, who is a neighbor to the South of the subject property, requested clarification of the affect that fill used to raise the level of the proposed residence would have on the flood level adjacent to her property. Mr. Albers stated that the minimal amount of fill planned with respect to the large surface area of Salt Creek would raise the elevation of flood waters less than one inch. Chairman Baroni noted that there were no other members of the audience expressing either approval or disapproval of the requested Special Use in the Flood Plain. In response to questioning by Member Reynolds, Village Engineer Durfey stated that to his memory there has yet to be Special Use in the Flood Plain denied by the Village. He estimated there to be approximately 12 such lots in the Merry Lane Subdivision which have received a Special Use Permit. There being no further discussion, a motion was made by Member Savino, seconded by Member Crouch to recommend to the Village Board of Trustees approval of this requested Special Use in the Flood Plain provided that: 1. The requirement for compensatory storage be waived. 2. That the grading restrictions as contained within Section 10-49 of the Code of ,Ordinances be waived to allow for the gradual sloping of the ground around the proposed structure. 3. That the applicant provide a covenant which would run with the land providing a Hold Harmless Agreement which would protect the Village from any potential liability in the event that public safety vehicles were unable to provide service to the lot' during flood conditions. ROLL CALL VOTE: Ayes: (3) Members Crouch, Savino, Chairman Baroni Nays: (3) - Members-Fullan, Hodges, Reynolds Absent: (1) Member Muschler MOTION FAILED. . . . . . . . . . . . . . . . . . Following further discussion, a motion was made by Member Reynolds, seconded by Member Hodges to recommend to the Village Board of Trustees denial of this requested Special Use in the Flood Plain based on the following findings of fact: ZONING BOARD OF APPEAL I inutes -8- June 2, 1981 ZONING BOARD OF APPEAL inutes -9- June 2, 1981 IV. DAN WILLIAMS - 180 FOREST TRAIL - SPECIAL USE FLOOD PLAIN & STRUCTURE HEIGHT VARIATION (Continued) 1. Despite the provision of a Hold Harmless Agreement by the applicant, the Village should not allow construction in an area which potentially could be cut off from service by public safety vehicles. 2. That compensatory storage requirements should not be waived, and that if required, would be extremely difficult to provide for on the subject property. ROLL CALL VOTE: Ayes: (3) Members Fullan, Hodges, Reynolds Nays: (3) Members Crouch, Savino, Chairman Baroni Absent: (1) Member Muschler MOTION FAILED. . . . . . . . . . . . . . . . . . Chairman Baroni stated that as there are no further motions before the Zoning Board on this matter, and furthermore, that the two motions proposed both failed, this constitutes no recommendation to the Village Board on the subject. ZONING BOARD OF APPEALS Minutes -9- June 2, 1981 OT Oq Y�y -'�I .' �• /* IV: 1�..,F '6. 7:' 7 „'.� ,:c, ti`;Y'e C '•r :X+ 'kf Ir F� X•• ,� _..•r 1 }, [�� .�y '� `�, �� � _ i * t � ,Z wR'�M'tr' 4. a. h ,« '�yr�'S' �� S,f�.^.,{ .. .. / c,+S •� •65'�// � � { kF jet" i2 ?w ��.� .' !'�� � + . �L ems'; .✓- ! za Xr� y Z.: ♦ e :�, 1 ' yr t , � •-, �' .!�'� kwr ,C `.. .\ ,;�ti d 1Y .t �.2ac � �/n_ # eyar { Zf/ f E:,r y _S.Y - �' �L p Ir r '?" i ° *�•�d fit[ �AtV jtp -• ,� ^ '.3,, l�V W ij .i•r'� �' �� �� 1 •cY"w.� �r,> Y,:..I ,, q, w. /. - ..r �.,r.d"'Y Y/ . ��. , ♦ ° /CQ. 4'4.1 i',G•�� +6 y 1 'f `' " V O Ti►►`` ` ff d 1 -� 9 3 4 1 ¢ Ji'w- •+4#�M+—HW"' � �-�f.y. � .: �i. ,�' �+ ] ..e �''ya 3�5,, y 1y' y�,�T "f,#1; ` ,��f ,3� ' s �.. � _ "^��,A �� � r, � ,1'/' v '•A p d, r. n, �n'vF 'h h,� ,,I � /{.n��X. r so, is xx`� i F �/ Val 0. MW9,511-9 171 a A-3-SOON ... T r Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60521 N O T I C E Monday, REGULAR PLAN COMMISSION MEETING 7:30 P.M. May 18, 1981 Village Commons - Samuel E. Dean Board Room Agenda 1. Roll Call 2. Approval of Minutes 3. Resolution - Richard A. Barton 4. Otto Gruner - Special Use Flood Plain 5. Albert W. Beutler - Final Plat 6. Fullersburg Traffic Study 7. Heliport Study 8. Dan Williams - Special Use Flood Plain Tuesday, REGULAR BOARD OF TRUSTEES MEETING 7:30 P.M. May 19, 1981 Village Commons - Samuel E. Dean Board Room Monday, MEMORIAL DAY -- Offices Closed May 25, 1981 Tuesday, REGULAR BOARD OF TRUSTEES MEETING 7:30 P.M. May 26, 1981 Village Commons - Samuel E. Dean Board Room Tuesday, REGULAR ZONING BOARD OF APPEALS MEETING 7:30 P.M. June 2, 1981 Village Commons - Samuel E. Dean Board Room Agenda 1. Roll Call 2. Approval of Minutes Otto Gruner - Special Use Flood Plain 4. Dan Williams - Special Use Flood Plain & Structure Height Kenneth J. Kuczen - Fence Variation Monday, COMMITTEE OF THE WHOLE MEETING 7:30 P.M. June 8, 1981 Village Commons - Samuel E. Dean Board Room Tuesday, REGULAR BOARD OF TRUSTEES MEETING 7:30 P.M. June 9, 1981 Village Commons - Samuel E. Dean Board Room PLEASE NOTE: May 20, 1981 12 Noon to 9:00 P.M. - Illinois Route 83 plans will be available for viewing in the Samuel E. Dean Board Room Item #3 on the Zoning Board agenda was published in the Oak Brook DOINGS on 1-15-81 Item #4 on the Zoning Board agenda was published in the Oak Brook DOINGS on 5-14-81 Item #5 on the Zoning Board agenda was published in the Oak Brook DOINGS on 5-14•-81 � S � OAK ' 0 c o' v �2 CF �, SOU VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 May 29, 1981 MEMO TO: Zoning Board of Appeals FROM: Bruce F. Kapff SUBJECT: Dan Williams - Special Use Flood Plain & Structure Height Variation Attached please find the May 18, 1981 Plan Commission minutes, and the May 19, 1981 recommendation letter from Chairman Barton which recommended approval of this requested Special Use in the Flood Plain under certain conditions: 1. That the compensatory storage requirements be waived, and 2. that the grading restrictions as contained within Section 10-49 of the Code of Ordinances be waived to allow for the gradual sloping of the ground around the proposed structure. Also attached is a memo from Engineer Durfey dated May 15, 1981 listing the various concerns which he has concerning the requested Special Use in the Flood Plain. I will, at this point, describe the facts behind the requested Structure Height Variation. The Building Department, in reviewing the architectural plans and existing topographical conditions, has determined that the natural ground level is 658.3. The tallest allowable structure within this R-4 Zoning District is 30 feet as measured from natural ground level which computes to a maximum allowable USGS height of 688.3. The 100-year flood level for this lot is 661.8 as stated in the IDOT letter of May 14, 1981. As describes; in Engineer Durfey's May 15 memo, the top of foundation, as required by Village Ordinance, would be at 664.8. The structure height, when measured from the top of foundation, is 26 feet. When this height is added to the 664.8 top of foundation elevation, the actual proposed structure height is calculated to be 690.8 which is 2.5 feet in excess of the permitted structure height of 688.3. May 29, 1981 Page 2 One possible course of action which would eliminate the need for a Structure Height Variation would be as follows: 1. The plans as submitted show the first floor being located approximately one foot above the top of foundation. If the inside of the foundation wall were notched such that the first floor were to be at the same height as the top of foundation, the structure could be, in effect, lowered by one foot which would leave the structure only 112- feet in excess of the allowable structure height. 2. This remaining 1� feet in excess of the allowable structure height could possibly be eliminated if the roof pitch were to be changed. The following chart and tables illustrate the calculations which were used in determining the overall structure height, as well as the above suggested solution to the problem. MAXIMUM PERMITTED STRUCTURE HEIGHT 658. 3 - Natural Ground Level + 30.0 - R--4 Zoning Structure Height 688.3. - Maximum allowable Structure Height as measured from Natural Ground Level PLANS AS SUBMITTED 661.8 - 100-year flood level + 3.0 - Village required clearance above 100-year flood elevation 664.8 Minimum top of foundation + 26.0 - Structure Height from architectural plans 690.8 - Actual height as planned 688.3 - Maximum allowable Structure Height 2.5 - Number of feet in excess Respectfully submitted, Bruce F. Kapff Assistant to Village Manager BFK:j r Att. a 117 99 s s �� �h-'�i-7 A G p 2 CF UU VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 May 19, 1981 President W. F. Cerne and Board of Trustees Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60521 Re : Dan Williams - Special Use Under the Flood Plain Ordinance Gentlemen: I At the Regular Plan Commission Meeting held on May 18 , 1981 , the Plan Commission voted, 6-0 , to recommend approval of the special use under the Flood Plain ordinance, for this single residential lot in the Timber Trails Subdivision. Although this lot is in the flood plain, it is not adjacent to Salt Creek but is subject to flooding both when Salt Creek floods on account of heavy rains up- stream and when the small lake across the street from this lot floods on account of local rains. As a part of the approval , the Plan Commission recommended that the requirements of the Flood Plain ordinance requiring a five-foot flat graded area around the residential structure be relaxed to the extent necessary to avoid the use of retaining walls. In making the foregoing recommendation, the Plan Commission con- sidered the eleven statutory factors set forth in the ordinance. Respectfu ubmitted, Z ichard A. Ba' it Chairman - Plan Commission VIII. Dan Williams - Spe,�1 Use Flood Plain Mr. Dan Williams appeared and gave a brief presentation regarding his petition and furthermore stated that he would like approval of the Special Use by the P1an.Commission this evening due to the time constraints on his mortgage commit- ment. Chairman Barton then read Engineer Durfey's memo of May 15, 1981. Mr. David Albers, Intech Consultants Inc. , stated that, regarding item number six, the site plan-can be modified to comply with ordinance requirements by utilizing retaining walls. Mr. Thomas Fahrenbach, Intech Consultants Inc. , further stated that this lot exhibits an unusual building line which virtually eliminates the building from being shifted further to the north to lessen the impact of the proposed grading on the existing residence to the south. Mr. Fahrenbach further stated that the present plan along the northern sides of the house contemplate 'the grade changes under the porch area and only utilizing retaining walls around the southerly sides of the building. Chairman Barton then read the eleven statutory factors regarding flood plain Special Uses. Regarding item number one, Mr. Albers stated that 27,000 cubic feet of flood storage would be eliminated due to this construction but that this amount was not substantial in relation to the Salt Creek Flood Plain. In response to item number nine, the applicant stated that he was aware of the potential hazards of constructing a home within a recognized flood plain. In response to a question from Member O'Brien, Mr. Williams stated that he was aware that this lot was within a flood plain when he bought the property approxi- mately three years ago. Chairman Barton then inquired if there was anyone in the audience who wished to speak for or against this petition, with no one responding. Chairman Barton then inquired if there was anyone in the audience who wished to speak on this general subject. Mr. Dennis Clark, adjacent property owner to the south, inquired as to if there was anything the Village could do regarding the lake and roadway flooding within this area. Final discussion then ensued among members of the Plan Commission regarding the flood plain and flood issues of this section of Salt Creek. Member Marcy then inquired of Mr. & Mrs. Dennis Clark if they had any reservations concerning the proposed building, with their response being that they did not. Member O'Brien then moved, seconded by Member Reece, to recommend to the President and. Board of Trustees approval of the flood plain Special Use and to waive the I storage requirements and to further waive the grading restrictions as contained within Section 10-49 and to allow for the gradual sloping of the ground around this building. Roll Call Vote: Ayes: _(6) Members Bushy, Marcy, O'Brien, Ramm, Reece, Chairman Barton Nays: (0) Absent: (1) Member Antoniou MOTION CARRIED. . . . . . . . . . . . . . . . . . . PLAN COMMISSION Minutes -5- May 18, 1981 apeep�]] ((pp�� gg//��B�� ,//�� p�®q��� �gy�� .■r�qO rp/�. Iffin " epart■ ■ Hell t ®f Tr ■ Y ortabo ■ Division of Water Resources 1000 Plaza Drive/Schaumburg, Illinois 60172 y 1 May 14, 1981 fv'AY VILLAGE yr Dale Durfey C" _•. , q F Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60521 Re: Lot 103, Timber Trails. Dear Mr. Durfey : I have looked at the plans for Lot 103 , Timber Trails, in the Salt Creek flood plain. You indicate -the 100 year flood elevation at 661 . 51 . I feel it is approxi- mately 661 . 8' because the site was shown to me to be about 800 ' south of Section L1447 on our regulatory maps and would fall under State Wide Permit #1. Our regulations would only require the top of founda- tion elevation to be 662. 81 . Apparently , Oak Brook has adopted a more stringent policy of 3' above the 100 year flood . If you have any further questions , let me know. Very truly yours , ,Roger Lockwood Civil Engineer Northern Technical Analysis and Regulation Unit PUBLIIHJO CERTIFICATE THIS IS TO CERTIFY That the notice, a true copy of which is attached to this certificate, 11as published in THE OAK BROOK DOINGS once each week for one weeks successively; that the date of the first publication was the-------------24th day of ----------------------------- .May...............A.D., 19..81-, and that the date of the last publication was the..........................................day of------------------........---- -------A.D., 19...... AND IT IS FURTHER CERTIFIED That THE OAK BROOK DOINGS is a secular newspaper of general circulation, published weekly in the Village of Hinsdale, County of DuPage, State of Illinois, and circulated generally in the Villages of Hinsdale, Clarendon Hills, Oak Brook, Willowbrook, Burr Ridge, adjacent unincorporated and incorporated areas, and in DuPage and Cook Counties, Illinois, and in other areas; that said THE OAK BROOK DOINGS is a "newspaper" as defined by the Illinois Statutes made and pro- 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 15-th------------day of.May------------------- A.D. 19..81-. Publishers Charge....$25- $,0.... .. .J� ... . ... ... .. .... .... Publisher J The Doings • Thursday,May 14, 1981 • Page 63 LEGAL NOTICE VILLAGE OF OAK BROOK DU PAGE AND COOK COUNTIES,ILLINOIS NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing before the Zoning Board of Appeals of the Village of Oak Brook,DuPage and Cook Counties,Illinois,will be held on June2,1981,at 7:30 p.m.in the Oak Brook Village Hall,1200 Oak Brook Road,Illinois,for the purpose of considering the application of Mr.and Mrs.Dan Williams for a variation as - provided under Section X111(G)of the Zoning Ordinanceof the Village of Oak Brook, Illinois, Ordinance G-60, as amended. A variation to the following Sections of the Zoning Or- dinance is requested: A variation from the provisions of Section VII(F)(6)(a)regarding structure height,toallow the construction of a single family residence with a total height of 31.7 feet as measured from natural ground level which is 1.7 feet higher than the allowable structure height. The property may be generally described as 180 Forest Trail Drive,Oak Brook,Illinois,and the legal description Is as follows:Lot 103(except the Westerly 2.0 feet thereof)of Timber Trails Estates Unit Two,being a Subdivision of part of the Northeast quarter of section 23,Township 39 North, Range 11 East of the Third Principal Meridian ac- cording to the plat thereof recorded November 13,1947 as document S33982,in DuPage County,Illinois. ... . Permanent Parcel#06-23-200-029. All persons desiring lobe heard in support of or in opposi- tion to the proposed variation or any provigion thereof,will be afforded an opportunity to do so and may submit their statements orally or in writing,or both.The hearing may be. LEGAL NOTICE recessed to another date if notice of time and place thereof VILLAGE OF OAK BROOK Is publicly announced at the hearing or is given by DU PAGE AND COOK COUNTIES,ILLINOIS newspaper publication not less than five(S)days prior to NOTICE IS HEREBY GIVEN HEARING the date of the recessed hearing. public hearing j Marianne Lakosil - before the Zoning Board of Appeals of the Village of Oak Village Clerk Brook,DuPage and Cook Counties,Illinois,will be held on Published at the direction of the Corporate Authorities June 2,1981,at 7:30 p.m.In the Oak Brook Village Half,12o0 and the Zoning Board of Appeals of the Village of Oak Oak Brook Road,Illinois,for the purpose of considering the Brook,DuPage and Cook Counties,Illinois. application of Mr,and Mrs.Dan Williams for a flood plain Published in the Oak Brook Doings on Thursday,May 14, special use as provided under Section 1034 of the Code of Ordinances of the Village of Oak Brook,Illinois. 1981.' A flood plain special use permit is sought to construct a . - single family residence within The Salt Creek flood plain. The property may be generally described as 180 Forest Trail Drive,Oak Brook,Illinois,and the legal description is as follows:Lot 103(except the Westerly 2.0 feet thereof)of Timber Trails Estates Unit Two,being a Subdivision of.' part of the.Northeast quarter of section 23,Township 391 North,Range 11 East of the third principal meridian accor ding to the plat thereof recorded November 13, 1947 as i document 53323;,in DuPage County,filinois. Permanent-Parcel/06-23200-029. All persons desiring to be heard in support of or in opposi- tion To the proposed flood plain Special Use or any provi- Sion thereof,will be afforded an opportunity to do so and may submit their statements orally or in writing or both. The hearing may be recessed to another date if notice of time and place thereof is publicly announced at the hearing or is given by newspaper publication not less than five(5) days prior to the date of the recessed hearing. Marianne Lakosil Village Clerk Published at the direction of the Corporate Authorities! and the Zoning Board of Appeals of the Village of Oak! Brook DuPage and Cook Counties,Illinois. Published in the Oak Brook Doings on Thursday,May I4, 1981. VILLAGE OF OAK BROOK MISES -7- • May 12,1981 F. Liquor License Request - Henrici Hoffman House Application for revised Liquor License reflects change within the Henrici's Restaurant organization, and not an increase in the number of licenses authorized by Section 3-23 of the Oak Brook Code. Trustee Congreve moved - seconded by Trustee Watson. . . . To authorize issuance of a Class A-1 Liquor License to Henrici's Oak Brook, upon surrender of their present license, at the base fee plus a portion for the months of May and June, in the amount of $2,333.00. Voice vote: all in favor So ordered G. Liquor License Request - Midwest Rugby Football Union, Inc. Request for a temporary Liquor License to provide a beer consession at the Territorial Tournament to be held at the Sports Core during the hours of 9a.m. to 6p.m. on May 23, 24, 25, 1981. Trustee Philip moved - seconded by Trustee Rush. . . . To authorize the issuance of a temporary Class D Liquor License to Midwest Rugby _ Football Union, Inc. , at the fee of $50.00 per day. Voice vote: all in favor So ordered H. Kenneth J. Kuczen (284 Timberview Drive) Fence Variation Refer to Zoning Board of Appeals Meeting of June 2, 1981 I. Felber's Subdivision (55 Timber Trails) Preliminary Plat Refer to Plan Commission Meeting of June 15, 1981 Dan Williams (180 Forest Trail)Special Use Flood Plain & Structure Height Variation Refer to Plan Commission Meeting of May 18, 1981, and Zoning Board of Appeals Meeting of June 2, 1981. K. Adjournment Time: 9:00 P.M. Trustee Congreve moved - seconded by Trustee Rush. . . . To adjourn this meeting. Voice vote: all in favor So ordered Respectfully submitted, Maria ne Lakosil Village Clerk Approved as corrected VILLAGE OF OAK BROOK MINUTES -7- May 12, 1981 COUN VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 May 15, 1981 MEMO TO: 'Plan Commission FROM: Bruce F. Kapff SUBJECT: Dan Williams - Special Use Flood Plain Mr. & Mrs. Dan Williams have made application to the Village to construct a single family residence in the Salt Creed flood plain. The enclosed Plot Plan dated May 13, 1981 indicates the proposed location of the residence, the building setback lines and the existing and proposed topography. The attached memo from Engineer Durfey should be referred to relative to the existing and proposed flood conditions of this lot. It should be noted that this application was filed on May 7, 1981 and, under normal circumstances, would have been referred to the June -Plan Commission meeting. The Village has attempted to fully analyze their request in this shortened period of time in order that the applicant not jepordize their mortgage commitment. Respectfully submitted, I Bruce F. Kapff Assistant to Village Manager BFK:j r 0 Oqk w O G O CF COUN VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 May 15, 1981 MEMO TO: Bruce F. Kapff, Assistant to Village Manager FROM: Dale L. Durfey, Jr. , P.E. SUBJECT: Special Use - Flood plain Lot 103 - Timber Trails Estates Unit II I have preliminarily reviewed the Special Use application and the supporting documentation regarding this issue. Please note that a site plan was delivered . to this office on Tuesday, May 12, 1981 and the special use file was not received until Wednesday, May 13, 1981; therefore, the items listed below are strictly from a preliminary review, other issues may surface within the upcoming weeks. My comments are as follows: 1. The high water elevation for the 100-year flood of Salt Creek at this location is 661.8. As you can see from the topographic survey, the Vast majority falls under this flood plain elevation with only the southwestern most corner of the lot above the flood plain. 2. This lot is located within the Salt Creek flood fringe and not the floodway. 3. With the high water elevation at 661.8, the lowest habitable floor in a residential unit is at 664.8. 4. Section 10-47 of the Code of Ordinances states that any opening in the outer walls of a building shall be constructed at an elevation not lower than the flood elevation plus three (3' ) feet; in this case, 664.8. Since the architectural plans depict the first floor at one foot above the top of foundation, the first floor elevation is contemplated at 665.8. 5. The architectural plans state that this building will have a crawlspace; not a basement. Section 10-48 states that areaways which enclose open space which is below the established base flood elevation plus three (3' ) feet shall be flood proof; therefore, the Building Department will have to verify that the architectural plans are so designed. 6. Section 10-49 states the proposed grading criteria for a building within the flood plain. The proposed contours within the latest submitted site plan does not strictly adhere to this requirement; therefore, the site plan will have to be redrawn. Also, retaining walls may have to be May 15, 1981 Page 2 utilized on this site to comply with this requirement. 7. Compensatory storage cannot be feasibly obtained regarding this proposal; therefore, consideration should be given as to waiving of this require- ment. 8. The adjacent house to the south of this property has a top of foundation elevation of 667.15; therefore, the proposed top of foundation elevation for this property of 664.8 is fairly compatible with the adjoining pro- perty. 9. Consideration should be given to the aspect of possibly shifting this house further to the north to lessen the sharp grades which are presently required to meet the existing elevations at the south lot line. 10. The applicant should be made aware of the eleven statutory factors which must be considered regarding a special use within the flood plain. I believe the Plan Commission will ask for his response to those eleven factors at the Plan Commission Meeting. 11. The elevation of the existing pavement at the proposed driveway location is approximately 657; therefore, the street in front of this property will have approximately 4.8 feet of water over it during the 100-year flood. fRepectful %sub i�i�d , / Dale L. Durfey, Jr. , P.E Village Engineer DLD/etg � i � f The Doings a Thursday,May 14, 1981 • Page 63 LEGAL NOTICE VILLAGE OF OAK BROOK OU PAGE AND COOK COUNTIES,ILLINOIS NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing before the Zoning Board of Appeals of the Village of Oak Brook,DuPage and Cook Counties,Illinois,will be held on .tune 2,1981,at 7:30 p.m.in the Oak Brook Village Hall,1200 -Oak Brook Road,Illinois,for the purpose of considering the application of Mr.and Mrs.Dan Williams for a variation as provided under Section XI I I(G)of the Zoning Ordinance of the Village of Oak Brook, Illinois, Ordinance G-60, as amended. A variation to the following Sections of the Zoning Or- dinance is requested: A variation from the provisions of Section VII(F)(6)(a)regarding structure height,to at low the construction of a single family residence with a total height of 31.7 feet as measured from natural ground level - which is 1.7 feet higher than the allowable structure height. The property may be generally described as 180 Forest Trail Drive,Oak Brook,Illinois,and the legal description is as follows:Lot 103(except the Westerly 2.0 feet thereof)of Timber Trails Estates Unit Two, being a Subdivision of part of the Northeast quarter of section 23, Township 39 North, Range 11 East of the Third Principal Meridian ac- cording to the plat thereof recorded November 13,1947 as document 513982,in DuPage County,Illinois. Permanent Parcel 806-23 200 029. All persons desiring to be heard in support of or in opposi- tion10 the proposed variation or any provision thereof,will be afforded an opportunity to do so and may submit their statements orally or in writing or both.The hearing may be- LEGAL NOTICE recessed to another date if notice of time and piece thereof VILLAGE OF OAK BROOK is publicly announced at the hearing or is given by DU PAGE ANDCOOK COUNTIES,ILLINOIS newspaper publication not less than five(5)days prior to NOTICE OF PUBLIC HEARING the date of the recessed hearing. NOTICE IS HERESY GIVEN that a public hearing Marianne Lakosil before the Zoning Board of Appeals of the Village of Oak Village Clerk Brook,DuPage and Cook Counties,Illinois,will be held on Published at the direction of the Corporate Authorities June 2,1981,at 7:30 p.m.in the Oak Brook Village Hall,1200 and the Zoning Board of Appeals of the Village of Oak Oak Brook Road,lllirois,for the purpose of considering the application of Mr,and Mrs.Dan Williams for a flood plain Brook,DuPage and Cook Counties,Illinois. special use as ovided under Section 10-34 of the Code of Published in ills Oak Brook Doings on Thursday.May 14, Ordinances of h Village of Oak Brook,Illinois. 1981•• - A flood plain special use permit is sought to construct a single-family residence within the Salt Creek flood plain. The property may be generally described as 180 Forest Trail Drive,Oak Brook,Illinois,and the legal description is as follows:Lot 103(except the Westerly 2.0 feet thereof)of Timber Trails Estates Unit Two,being a Subdivision of , part of the.Northeast quarter of section 23, Township 39 North,Range 11 East of the third principal meridian accory ding to the plat thereof recorded November 13, 1947 as document 533982,in DuPage County,Illinois. Permanent Parcel#06 23 200-029. All persons desiring f0 be heard in support of or in opposi- tion to the proposed flood plain Special Use or any provi- sion thereof,will be afforded an opportunity to do so and may submit their statements orally or in writing or both. The hearing may be recessed to another date if notice of time and place thereof is publicly announced at the hearing or is given by newspaper publication not less than live(5) days prior to the date of the recessed hearing. Marianne Lakosil Viilage Cierk Published at the direction of the Corporate Authorities and the Zoning Board of Appeals of the Village of Oak Brook,DuPage and Cook Counties,Illinois. Published in the Oak Brook Doings on Thursday,May 14, 198:. i •• �� OAK� o A • c o` CF COUN ` 7 VILLAGE OF OAK BROOK 1200 OAK B KOO K KO A D OAK BKOOK, ILLINOIS 654-2220 .May 13, 1981 Mr. Roger Lockwood Illinois Department of Transportation Illinois Division of Water Resources 1000 Plaza Drive Schaumburg, Illinois 60196 RE: Lot 103 Timber Trails Special Use - Floodplain Dear Roger: Enclosed please find a site plan for a proposed residence which the Village of Oak Brook is presently reviewing. In my review of the Floodplain Maps, I note that the high water level of Salt Creek at this location is 661.5. I would appreciate your review of this proposal and would welcome any comments which you may generate. Also, are their any other governmental agencies involved for permit approval regarding this site? I understand that, since this lot is within the flood fringe of Salt Creek, it falls under the Statewide Permit No. 1, however, t would appreciate your general review and comments. Thank you in advance for your time and consideration. Si oerely, � >f Dale L. Durfey; Jr. ,P.E. , Village Engineer DLD/etg CC: Ken Carmignani, Village Manager Bruce F. Kapff, Assistant to Village Manager j,,-,' VILLAGE Or OAK BROOK Tuesday, May 12, 1981 - 7:01.M. I Call Meeting to Order Roll Call II Approval of Minutes of Regular Meeting of April 28, 1981 Approval of Minutes of Public Hearing re Proposed Use of Federal Revenue Sharing Funds III ORDINANCES, RESOLUTIONS, VARIATIONS, PLATS, ETC. A. Resolution - Barbara F. Reynolds B. Resolution - 1981 Motor Fuel Tax - Salt & Energy Expenditures C. Ordinance authorizing the Purchase of a Water System from the Hinsdale Sanitary District . IV FINANCIAL A. Treasurer's Reports . B. Payouts - #3 & Final - Martam Construction —Culvert Replacement-Spring/Adams #2 - John Neri Construction Co.- Yorkshire Woods Watermain Replacement, Pavement Reconstruction & Resurfacing C. Approval of Bills D. Investments E. Request to Purchase - Lounge Chairs for Pool area V OLD BUSINESS A. Neiman-Marcus - Liquor License Request B. Bid Recommendation - Computer Hardware & Software C. Fee on Applications for Variation, Special Use & Zoning Amendment D. Drake--:Oakbrook Hostel - Windsor/Dover Road .Construction - Agreement E. Ben Fuller - Waiver of Fee VI NEW BUSINESS A. Specialty Area Assignments B. Appointments C. Westmont request for 35th Street Watermain' D. Mosquito Abatement - Agreement E. Western Open - Temporary Liquor License - Temporary Signs - Temporary Fencing Agreement F. Liquor License Request - Henrici Hoffman House G. Liquor License Request - Midwest Rugby Football Union, Inc. H. Kenneth J. Kuczen (284 Timberview Drive) Fence Variation - refer to ZoningBoaid mtg. 6/8/81 I. Felber's Subidivision (55 Timber Trails) 'Preliminary Plat -refer to Plan Commission mtg. 6/15/81 J. Dan Williams (180 Forest Trail) Special Use Flood Plain & Structure Height . Variation - refer to Plan Commission mtg. 5/18/81 &Zoning Board utg 6/241 M .gip. ,�,� �z � 3r e b t,Yn '".q i1 �i' xPeiE„a,,., r � }_•g`� ;o4.4 �t�' Frt - `'� € *, �✓: i1 yf<`rM� 6•'1 R ,y.�.J 'Al a g .# qy r_I } r .s �r r .i `gt.. r? 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"�*ai}'�. ,rS ., s t�;.,•t" t &# - pmt s }M A � • '� ;,�.," „I�t.:;1��'°`'"#`. ��?y a� �� '� �'�`",�'�`>` ?+'�� 3� cm4. kw,�r +��...:#,« :,}r� rrr`°'P` 3qx ���'A rtA ':���r <'�:. rr#s.,r�.t �, � .. �� y � fix. �>•. a �_< ,� *���+-"�,' � `.. ��, r ,,.�kF &�y rrd,�.�. ,'�d,pq s"t�,�'° '��r#z � ..1 - i�y ,r k.eY. �� �,. ���.: '� Ate; r .'•mac i° ^� �,� ��N •r .:. Ysa �.. „� ,:y r °?4: '`br�.''�'°.� F2� '�' r� s � '��',y �.� t i ,. �c'" t. qp,.�r �',' Nr�k' `k"i. .. Ab'- - ,. },fir E...-_, ..- .. M�.r.i 7�r4L,.i4 .t-1 - t_� ,.•,�r°c`�.., F .ik 6 0A yr G O G O 9 �r 6F NOUN VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 May 15, 1981 MEMO TO: Plan Commission FROM: Bruce F. Kapff SUBJECT: Dan Williams - Special Use Flood Plain Mr. & Mrs. Dan Williams have made application to the Village to construct a single family residence in the Salt Creed flood plain. The enclosed Plot Plan dated May 13, 1981 indicates the proposed location of the residence, the building setback lines and the existing and proposed topography. The attached memo from Engineer Durfey should be referred to relative to the existing and proposed flood conditions of this lot. It should be noted that this application was filed on May 7, 1981 and, under normal circumstances, would have been referred to the June -Plan Commission meeting. The Village has attempted to fully analyze their request in this shortened period of time in order that the applicant not jepordize their mortgage commitment. Respectfully submitted, Bruce F. Kapff Assistant to Village Manager BFK:j r F Dale i � o � e o G � �2 C�. cou" VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 May 15, 1981 MEMO TO: Bruce F. Kapff, Assistant to Village Manager FROM: Dale L. Durfey, Jr. , P.E. SUBJECT: Special Use - Flood plain Lot 103 - Timber Trails Estates Unit II I have preliminarily reviewed the Special Use application and the supporting documentation regarding this issue. Please note that a site plan was delivered to this office on Tuesday, May 12, 1981 and the special use file was not received until Wednesday, May 13, 1981; therefore, the items listed below are strictly from a preliminary review, other issues may surface within the upcoming weeks. My comments are as follows: 1. The high water elevation for the 100-year flood of Salt Creek at this location is 661.8. As you can see from the topographic survey, the Vast majority falls under this flood plain elevation with only the southwestern most corner of the lot above the flood plain. 2. This lot is located within the Salt Creek flood fringe and not the floodway. 3. With the high water elevation at 661.8, the lowest habitable floor in a residential unit is at 664.8. 4. Section 10-47 of the Code of Ordinances states that any opening in the outer walls of a building shall be constructed at an elevation not lower than the flood elevation plus three (3' ) feet; in this case, 664.8. Since the architectural plans depict the first floor at one foot above the top of foundation, the first floor elevation is contemplated at 665.8. 5. The architectural plans state that this building will have a crawlspace, not a basement. Section 10-48 states that areaways which enclose open space which is below the established base flood elevation plus three (3' ) feet shall be flood proof; therefore, the Building Department will have to verify that the architectural plans are so designed. 6. Section 10-49 states the proposed grading criteria for a building within the flood plain. The proposed contours within the latest submitted site plan does not strictly adhere to this requirement; therefore, the site plan will have to be redrawn. Also, retaining walls may have to be May 15, 1981 Page 2 utilized on this site to comply with this requirement. 7. Compensatory storage cannot be feasibly obtained regarding this proposal; therefore, consideration should be given as to waiving of this require- ment. 8. The adjacent house to the south of this property has a top of foundation elevation of 667.15; therefore, the proposed top of foundation elevation for this property of 664.8 is fairly compatible with the adjoining pro- perty. 9. Consideration should be given to the aspect of possibly shifting this house further to the north to lessen the sharp grades which are presently required to meet the existing elevations at the south lot line. 10. The applicant should be made aware of the eleven statutory factors which must be considered regarding a special use within the flood plain. I believe the Plan Commission will ask for his response to those eleven factors at the Plan Commission Meeting. 11. The elevation of the existing pavement at the proposed driveway location is approximately 657; therefore, the street in front of this property will have approximately 4.8 feet of water over it during the 100-year flood. Re pectful sub itt d5 Dale L. Durfey, Jr. , P.E , Village Engineer DLD/etg F The Doings • Thursday,May 14, 1981 • Page 63 LEGAL NOTICE VILLAGE OF OAK BROOK DU PAGE AND COOK COUNTIES,ILLINOIS NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing before the Zoning Board of Appeals of the Village of Oak Brook,DuPage and Cook Counties,Illinois,will be held on June 2,1981,at 7:30 p.m.in the Oak Brook Village Hall,1200 Oak Brook Road,Illinois,for the purpose of considering the application of Mr.and Mrs.Dan Williams for a variation as provided under Section XI I I(G)of the Zoning Ordinance of the Village llin age of Oak Brook, Iois, Ordinance G-60, as amended. A variation to the following Sections of the Zoning Or- dinance is requested: A variation from the provisions of Section VII(F)(6)(a)regarding structure height,to allow the construction of a single family residence with a total height of 31.7 feet as measured from natural ground tevef which is 1.7 feet higher than the allowable structure height. The property may be generally described as 1.30 Forest Trail Drive,Oak Brook,Illinois,and the legal description is as follows:Lot 103(except the Westerly 2.0 feet thereof)of Timber Trails Estates Unit Two, being a Subdivision of part of the Northeast quarter of section 23,Township 39 North, Range 11 East of the Third Principal Meridian ac- cording to the plat thereof recorded November 13,1947 as document 533982,in DuPage County,Illinois. Permanent Parcel#06.23 200-029. All persons desiring to be heard in support of or in opposi- tion to the proposed variation or any provision thereof,will be afforded an opportunity to do so and may submit their statements orally or in writing or both.The hearinq may be. LEGAL NOTICE recessed to another date If notice of time and place thereof VILLAGE OF OAK BROOK is publicly announced at the hearing or is given by DUPAGEANDCOOK COUNTIES,ILLINOIS newspaper publication not less than five(5)days prior to NOTICE OF PUBLIC HEARING the date of the recessed hearing. NOTICE IS HEREBY GIVEN that a public hearing Marianne Lakosil _ before file Zoning Board of Appeals of the Village of Oak Village Clerk Brook,OuPage and Cook Counties,Illinois,will be held on Published at the direction of the Corporate Authorities June 2,1901,at 7:30 p.m.in the Oak Brook Village Hall,1200 and the Zoning Board of Appeals of the Village of Oak Oak Brook Road,Illinois,for the purpose of considering the Brook,DuPage and Cook Counties,Illinois. application of Mr.and Mrs.Dan Williams for a flood plain Published in the Oak Brook Doings on Thursday,May 14, special use as provided under Section 10-34 of the Code of Ordinances of the Village of Oak Brook,Illinois. 1981• _ ," A flood plain special use permit is sought to construct a single-family residence within the Salt Creek flood plain. The property may be generally described as 130 Forest Trail Drive,Oak Brook,Illinois,and the legal description is as follows:Lot 103(except the Westerly 2.0 feet thereof)of Timber Trails Estates Unit Two, being a Subdivision of -part of the Northeast quarter of section 23, Township 39 North,Range it East of the third principal meridian actor+ ding to the plat thereof recorded November 13, 1947 as document 533982,in DuPage County,Illinois. Permanent Parcel 806-23-200-029. All persons desiring to be heard in support of or in opposi= tion to the proposed flood plain Special Use or any provi- sion thereof,will be afforded an opportunity to do sc and may submit their statements orally or in writing or both. The hearing may be recessed to another date if notice of time and place thereof is publicly announced at the hearing or is given by newspaper publication not less than five(5) days prior to the date of the recessed hearing. Marianne I_akosil Village Clerk Published at the direction of the Corporate Authorities and the Zoning Board of Appeals of the Village of Oak Brook,DuPage and Cook Counties,Illinois. Published in the Oak Brook Doings on Thursday,May 14, 1981. • . ��� DA/(Q90 0 _ G � 1 �2 V CF COUN ` VILLAGE OF OAK BROOK 1200 OAK B KOO K ROAD OAK BROOK, ILLINOIS 654-2220 May 13, 1981 Mr. Roger Lockwood Illinois Department of Transportation Illinois Division of Water Resources 1000 Plaza Drive Schaumburg, Illinois 60196 RE: Lot 103 Timber Trails Special Use - Floodplain Dear Roger: Enclosed please find a site plan for a proposed residence which the Village of Oak Brook is presently reviewing. In my review of the Floodplain Maps, I note that the high water level of Salt Creek at this location is 661.5. I would appreciate your review of this proposal and would welcome any comments which you may generate. Also, are their any other governmental agencies involved for permit approval regarding this site? I understand that, since this lot is within the flood fringe of Salt Creek, it falls under the Statewide Permit N6. 1, however, I would appreciate your general review and comments. Thank you in advance for your time and consideration. Si rely, Dale L. Durfey, Jr. ,P.E. , Village Engineer DLD/etg CC: Ken Carmignani, Village Manager Bruce F. Kapff, Assistant to Village Manager �� VILLAGE OF OAK BROOK • Tuesday, May 12, 1981 - 7:01'.M. I Call Meeting to Order Roll Call II Approval of Minutes of Regular Meeting of April 28, 1981 Approval of Minutes of Public Hearing re Proposed Use of Federal. Revenue Sharing Funds III ORDINANCES, RESOLUTIONS, VARIATIONS, PLATS, ETC. A. Resolution - Barbara F. Reynolds B. Resolution - 1981 Motor Fuel Tax - Salt & Energy Expenditures C. Ordinance authorizing the Purchase of a Water System from the Hinsdale Sanitary District . IV FINANCIAL A. Treasurer's Reports B. Payouts - 03 & Final - Martam Construction - Culvert Replacement.Spring/Adams - #2 - John Neri Construction Co.- Yorkshire Woods Watermain Replacement, Pavement Reconstruction & Resurfacing C. Approval of Bills D. Investments E. Request to Purchase _ Lounge Chairs for Pool area V OLD BUSINESS A. Neiman-Marcus - Liquor License Request B. Bid Recommendation - Computer .Ilardware & Software C.. Fee on Applications for Variation, Special Use & Zoni.ng Amendment D. Drake=Oakbrook Hotel - Windsor/Dover Road Construction - Agreement E. Ben Fuller - Waiver of Fee VI NEW BUSINESS A. Specialty Area Assignments B. Appointments C. Westmont request for 35th Street Watermain- D. Mosquito Abatement - Agreement E. Western Open - Temporary Liquor License - Temporary Signs - Temporary Fencing - Agreement F. Liquor License Request - Henrici Hoffman House G. Liquor License Request - Midwest Rugby. Football Union, Inca H. Kenneth J. Kuczen (284 Timberview Drive) Fence Variation - refer to Zonin&Board mtg. 6/8/81 I. Felber's Subidivision (55 Timber Trails) 'Preliminary Plat -refer to Plan Commission mtg. 6/15/81 J. Dan Williams (180 Forest Trail) Special Use Flood Plain & Structure height . Variation - refer to Plan Commission mtg. 5/18/81 &Zoning Boardrtg6/2f1 i A i C VILLAGE OF OAK BROOK �! 1200 O.AK BROOK ROAD OAK BROOK, ILLINOIS 65.4-2220 • May 13, 1981 Dear Resident , The Oak Brook Zoning Board of Appeals and Village Board and Plan Commission, if necessary, will be considering a : Zoning Amendment X Special Use X Variation Flood Plain at the meetings as scheduled on the reverse side of this notice. Please refer to this schedule for time , place and dates of meetings . The application has been filed by: Mr. & Mrs. Dan Williams (blame of Applicant 10 S 260 Hampshire Lane Hinsdale, Illinois 60521 (Address ) The property in question is situated at: 180 Forest Trail The specific action being requested is as follows : A variation fxomthe provisions of Section VII (F) (6 (a) regarding structure heightp to allow the construction of a single family residence with a total height of 37. sured from naturel ground level which is 1. 7 feet higher than the allowable strurr,,, P bP;Rr,r and n flood plain special use peimit is sought to construct a single-family residence within the Salt Creek flood plaid. If you desire more detailed information, we could suggest that you contact the Inspection Bureau 'Located in Fire Station 1 , 1212 Oak Brook Road, or you may call 654-2220 to review the file . A map of the area has been reproduced on the reverse side to assist you in determining your relationship to the property in question . MAILING LIST ' Notice sent to adjoining property owners as submitted on application. 1 meetings are held in the Samuel E. Dean Board Room of the Oak ,Y_ ook Village Commons on Oak Brook Rcad (31st StreetYand Spring F.oad , Oak Brook, Illinois . PLAN COMMISSION MEETING 7 : 30 P .M. MONDAY May 18, 1.981 ZONING BOARD OF APPEALS MEETING 7 . 30 P .M. TUESDAY June 2, 1981 BOARD OF TRUSTEES MEETING 7 : 30 P .M. TUESDAY June 9, 1981 BOARD OF TRUSTEES MEETING (ORDINANCE APPROVAL) 7 : 30 P .M. TUESDAY June 16, 1981 MAP OF AREA wa1W noo. no • I7 FYEW 1 a 1N �) d •� � � u M In N,♦ C i I Al ro { tt 7r rt •L t�si 1 ,a m 1 ix xlr[ : 27 M, V I IA-AuL Ur U: & bkuux 1200 Oak Brook h , Oak Brook, Illinois 60521 654-2220 - - - - - - - - - - - .p - - - - - - - - - - - - - - - - - -. - - - - - - - - - - - - -�, - RE UES FOR PUBLIC HEARING TO BE FILED WITH VILLAGE CLERK Q APPLICANT TO COMPLETE I Location of Subject Property g rorre�' j/ac�� Permanent Parcel Number O-3 L01� V-p#1f3e2-MAIL ET1?)7- S, &f A/17- v NAME OF APPLICANT TELEPHONE NUMBER 9,2 0-9,Z M 'H 28 0 - 0-7 0 . ADDRESS OS �� A/6?P rw Q ► e L4-4 ZIP (0 045;L1 PROPERTY INTEREST OF APPLICANT Ott! Qr owner, contract purchaser, etc. Cm,�riz.4crow _ GRG:Tr - /y �PEC,� - /748 OWNER OF RECORD -S)9Mep TELEPHONE NUMBER . ADDRESS ZIP BENEFICIARY (IES) OF TRUST: NAME NIA N 1.r TELEPHONE NUMBER ADDRESS ZIP ZONING DISTRICT ZONING ORDINANCE SECTION ALL , ( F) (6) ACTION REQUESTED &6 L 4 I N caw►i ✓ C /i► 1 6d /cZ H c r sae c tz e C 0J l cam. L 7 Fe Q? 01e- �f �a /"� v 7 t7 0 �. /21 L i �v o rc el a✓ !M ear-�.,.c�.�1 �'�/ o�, n A-7(A it,-, � 9 a v1 1'0 l� ' 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. 2Z . signature Applicant Da a signatu can pp it D e Special Use Zoning Amendment Variation Fee: IJb.UU Fee : ee: $150.0 ALL APPLICATIONS MUST BE ACCOMPANIED BY PROPER FEE, PLAT OF SURVEY, AND (18) COPIES OF A SCALE DRAWING, SHOWING ALL PERTINENT APPLICABLE INFORMATION, i .e. - PROPERTY LINES , EXISTING BUILDINGS , LOCATION OF PROPOSED CONSTRUCTION, ANY BUILDINGS ON ADJACENT PROPERTY WITHIN 100 FEET OF SUBJECT PROPERTY. DO NOT WRITE IN THIS SPACE -- FOR OFFICE USE ONLY 1 . Date Filed: S $� 2. Fee Paid: Receipt No. $ZY7 Amount Q Date 7 g! Board s Referral - Z - zb 7.33 d 3. of Tru tee 5� / S/ �- � . 4. Dates set for Hearings : Plan Commission -1P-g� Zoning Boar o ppea Board of Trustees -y-8/Board of Trustees -/�- (Approval_677Orc 'inance�- ) 5. Publish Notice Made S �/-$�/-$� Newspaper ;o' %U_CVS Date Name of e a paper 6. Date Adjacent Property Owners Notified r-lz Vi age Clerk NOTICE TO APPLICANTS Filing Schedule VARIATION:. MUST BE RECEIVED PRIOR TO THE FIRST OF THE MONTH FOR PUBLIC HEARING ON THE FIRST TUESDAY OF THE FOLLOWING 1NIONTH. AMENJANIENT OR SPECIAL USE: MUST BE RECEIVED PRIOR TO THE 15TH OF THE MONTH FOR PLAN COMMISSION HEARING ON THE THIRD N]ONDAY OF THE FOLLOWING MONTH, WITH ZONING BOARD PUBLIC HEARING TO FOLLOW. A Variation is a zoning adjustment which permits minor changes of district require- ments where individual properties are both harshly and uniquely burdened by the strict application of the law. The power to vary is restricted and the degree of Variation is limited to the minimum change necessary to overcome the inequality inherent in the property. 1. A Variation recognizes that the same district requirements do not affect all properties equally; it was invented to permit minor changes to allow hardship prop- erties- to enjoy equal opportunities with properties similarly zoned. You must prove that your land is affected by special circumstances or unusual conditions. These must result in uncommon hardship and unequal treatment under the strict ap- plication of the Zoning Ordinance. Where hardship conditions extend to other prop erties a Variation cannot be granted. The remedy for general hardship is a change of the map or the text of the Zoning Ordinance. 2. You must prove that the combination of the Zoning Ordinance and the uncommon conditions of your property prevents you from making any reasonable use of your land as permitted by your present zoning district. Since zoning regulates land and not people, the following conditions cannot be considered pertinent to the applica- tion for a. Variation: (1) Proof that a Variation would increase the financial re- turn from the land, (2) Personal hardship, (3) Self-imposed hardship, In the last case, the recognition of conditions created after the enactment of the Zoning Ordi- nance would encourage and condone violation of the law. 3. No Variation may be granted which would adversely affect surrounding property or the general neighborhood. All Variations must be in harmony with the intent and purposes of the Zoning Ordinance. Names of Surrounding Property Owners Following are the names and addresses of surrounding property owners from the property in question for a distance of 250 feet in all directions, and the number of feet occupied by all public roads, streets, alleys, and public ways have been excluded in computing the 250-foot requirement. Said names are as recorded in the office of the County Recorder of Deeds (or the Registrar of Titles of the County) and as appear from the authentic tax records of this County. Name Address ADDITIONAL LISTING OF ADJACENT PROPERTY OWNERS: Mr. Glyptis c/o Hawthorn National Bank 1500 North Main Street Wheaton, Illinois 60187 Marie McDermott 214 Forest Trail Drive Oak Brook, Illinois 60521 George Boden 221 Forest Trail Drive Oak Brook, Illinois 60521 Helen Kostur 16 W 330 Timber Trails Drive Oak Brook, Illinois 60521 Filomena DelVecchio 16 W 323 Walnut Lane Oak Brook, Illinois 60521 James Seaman 313 Walnut Lane Oak Brook, Illinois 60521 Jack Johnson 328 Walnut Lane Oak Brook, Illinois 60521 V. P. Clapp 1 S 205 Spring Road Oak Brook, Illinois 60521 i I Ordinance No . S- 474 Page 2 Flood Plain Special Use - 180 Forest Trail. Section 4 : That this Ordinance shall be in full force and effect from and after its passage and approval as provided bylaw. Section S : All ordinances , rules and regulations of the Village of Oak Brook which are in conflict with the provisions of this Ordin- ance , are hereby repealed to the extent of such conflict , but only as they apply to the property hereinabove described. Section 6 : If any section, sub-section, sentence , clause or phrase of this Ordinance is for any reason held to be invalid, such determination shall not affect the validity of any remaining portion of this Ordinance . Passed this 23rd day of .Tune 1981 . Ayes : Trustees Corhreve, Imrie, Listecki, Rush and Watson Nays : Trustee Philip Absent : 0 Approved this 23rd day of .Tune � , 1981 Villa°ge ` fesident ATTEST: Village Clerk Approved as to Form: Vill g Attorney Published Date Paper Not Published x