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S-493 - 08/24/1982 - VARIATION - Ordinances ORDINANCE NO. S- 493 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION VII (E) (8) (c) OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK, ORDINANCE G-60 , AS AMENDED, RELATIVE TO YARD REQUIREMENTS IN A R-3 SINGLE FAMILY DETACHED RESIDENCE DISTRICT 5 REGENT DRIVE WHEREAS, an application has been filed requesting a variation from the provisions of Section VII (E) (8) (c) 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 Boar' of Appeals of the Village on August 3 , 1982 , pursuant to due and appropriate legal notice ; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOISP as follows : Section 1 : That the provisions of the preamble hereinabove 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 E) (8) (c) of the Zoning Ordinance of the Village of Oak Brook so as to allow the construction of an enclosed addition to an existing detached single-family residence in the required rear yard provided that such addition be not less than 37 feet from the rear lot line . Section 3 : That this Ordinance is limited and restricted to the property located at 5 Regent Drive, Oak Brook, Illinois , which property is legally described as follows : Lot 43 in Brook Forest Unit Two , being a subdivision of part of Section 27 , Township 39 North , Range 11 , East of the Third Principal Meridian, in DuPage County, Illinois. Permanent Parcel Number : 06-27-405-010 Section 4 : That this Ordinance shall be in full force and effect from andaFter its passage and approval pursuant to law. Passed this day of 112C ^ 1982 . AYES: Trustees Congreve, Imrie, Philip, Rush, and Watson NAYS : Trustee Listecki ABSENT: None Approved this �,)V � day of 1982 . llage Pre * dent Ordinance No . S-493 Page 2 Granting Rear Yard Variation 5 Regent Drive ATTEST : ';Village Clerk Approved as to Form: 11 ge t orney Published Date Paper Not Published xxxx � � ,_ ,.., ,� VI LLAGE OF OA�C. BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 E�gust 5, 1982 . ME'M� T0: Bruce Kapff, Assistant to Village Manager FRCM: Mariazme Lakosil, Assistant to Buildi_ng Coccmi.ssioner SUBJEGT: 5 Regent Drive - Dr. & Mrs. R. Liboai At the Zaning Board of Appeals Meeting of August 2nd, a questivn arose regarding the chumey as an encroachment into the rear yard. There is no specific reference to the applicatian of the c3rdinance re- lating to this as being permitted or not permitted, but cansistent Villa,�e policy has recognized the chimiey as being an allawable projectian. lhis is also cansistent with the posture othar mmicipalities have taken an the same issue. Zhe e�.sting enclosed patio has a roof werhang. The proposed replacem�nt on the same patio floor would not have an o�verhang into the rear yard. ��t�iiy, �1 - C''- c�.�-� Mari�ne � � sil Jame .�ark Assistant to Building Conmissioner �uilding�Conmissi�er 1�./j s ,, . . � a "'� � � . -_ _ . :d �„ :.;.;a , - ��r` � VtLLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS � 654-2220 Atl$t1St S� 1982 � � Yresident � Board of Trustees Village of Oak Brook � � � 1200 Oak Brook Road � Oak Brook, Illinois 60521 � RE: Rogolio Liboon - Rear Yard Variation - 5 Regent Drive Dear President & Board of Trustees: � The Zoning Board of Appeals at its August 3, 1982 regular meeting considered the petition of Dr. & Mrs. Rogolio Liboon to reduce the required 40-foot rear yard to 37 feet to allow for a roof addition which would replace the existing structure. � . - . The Zoning Board of Appeals made two motions wi.th respect to this application both of which failed. The first motion was to recommend denial of the requested variation for the following reasons: � 1. That the property can yield a reasonable return as presently constructed. - 2. Negligible hardship has been indicated by the applicant. 3. The variation, if granted, would set precedent for other properties within the Village. This motion was made by Member Reynolds, seconded by Member Muschler and failed on a Roll Call Vote of two (2) ayes: Members Muschler, Reynolds; three (3) nays: Members Crouch, Fullan, Acting Chairman Hodges; two (2} absent: Member Savino, Chairman Baroai. . The second motion was to recommend approval of the requested variation due to the following unusual circumstances: 1. The Village issued a roof permit in 1970 encroaching on the rear yard as presently proposed. ' ' 2. The basic configuration of the proposed renovation is the same as the existing structure. Yresident & Board of Trustees RE: Ragolio Liboan - Rear Yard Variation - 5 Regent Drive August 5, 1982 Page 2 1'his motion was made by Member Crouch, seconded by Member Fu1Zan and failed on a Roll Ca11 Vote of three (3) ayes: Members Crouch, Fu11an, Acting Chairman �Hodges; two (2) nays: Members Muschler, Reynolds; two (2) absent: Member Savino, Chai.rman Baroni. This second motion, although having a simple ma3ority, failed due to the requirement that any recommendation from the Zoning Board of Appeals which : calls for a variation from the standards of the Zoning 4rdinance requires the affirmative vote of four members. Based on the failure of the above two motions, the Zoni.ng Board of Appeals has : no recommendation with respect to this application. . Respectfully submitted, . _ George A. Hodges, Acting Chairman Zoaing Board af Appeals BFK:GAIi:jr - � �,.� ,,"� � . , 5 � � � �. . . . . ._ . � . � � . + • J k . ZONING BOARD OF APPEALS Minutes -3- August 3, 1982 Y ROGOLIO LIBOON - REAR YARD VARIATION - 5 Regent Drive The Secretary noted that the Zegal Notice was published in the Oak Brook DOINGS on Julg 15, 1982 and that surrounding propertq owners were notified on July 14, 1982• Dr. �t Mrs. Liboon and Art Fossier, Builder, were present representing this agplication. Mr. Fossier indicated that the proposal is to replace the existing structure with a totall� new insulated structure containing a fireplace. The egisting room is neither heated or cooled and is uninsulated. The present owners want to i.mprove the structure to make it more livable. In response to Acting Chairman Hodges, Mr. Fossier stated that the new structure will be approgimately 15 feet by 20 feet and will be a continuation of the existing family room which has a dimension of 14 by 22 feet. Acting Chairman Hodges inquired as to whether the proposed structure could be reduced in size to 12 feet by 23 feet and thus not require a rear yard variation. Mr. Fossier stated that both the existing and proposed structare lie on egisting footings and foundations and that to move the westerly wall back three feet would require taking out a perfectly good fcsundation, putting in a new one, and would also cramp the conversation pit around the planned fireplace. Mr. Fossier further indicated that Dr. & Mrs. Liboon have resided iu this house for the past six years and were unaware that the existing structure was nonconforming. When they purchased the house, they didn' t realize that this enclosed patio was uninsulated. As a result they would like to make this portion of the house usable on a year-round basis. Member Crouch inquired as to Whethzr the fireplace creates a further encroachment into the rear yard. Gommissioner Clark indicated that the Building Department in the past has permitted . fireplaces to egtend into a required yard. Member Reynolds inquired as to what section of the Zoning Ordinance permitted such an encroachment, Member Muschler a.nquired as to the egact location of the house directly West of this site. Mr. Fossier stated that he was unaware of the distance from that house to their lot line, although he indicated that the common lot line is heavily screened with plantings. � In response to Member Raynolda, Mr. Fossier indicated that the walls were added to the roofed-in patio some time before the I,iboons acquired the property. Acting Chairman Hodges noted that there were no members of the sudience ezpressing approval or disapproval of the requested variation. , ZONING BOARD OF APPEALS Minutes -3- l�ugust 3� 1982 ZONSNG BOARD OF APPEALS Minutes -4- August 3. 1982 Y ROGOLIO LIBOON - REAR YARD VARIATION - 5 Regent Drive (Continued) Chief Clark indicated that the existing foundation would be adequate to support the pro�osed structure. He further stated that a 1970 permit for a roof was issued based on the 1969 plans which showed a 12-foot dimension for the patio. Based on that, Acting Chairman Hodges stated that if the original plans showing a 12-foot dimension for the patio had been followed, then no variation would be required to renovate the structure. � Chief Clark stated that no add�tional plans were submitted with the 1g70 roof permit. Acting Chairman Hodges asked Chief Clark as to Whether the ezisting roof is illegal. Chief Clark stated that the roof is legal to the extent that a permit was issued by the Building Department. Acting Chairman Hodges suggested that the only hardship involved would be removing the existing foundation and relocating it. He further suggested that granting of a variation would set a precedent to the egtent that a person could legally build a patio in a rear pard and, at some future time, come back to the Village to enclose it and make an addition which would not be permitted in a rear yard. Mr. Fossier stated that the current owners did not have this in mind since the patio and roof were constructed prior to their ownership. A motion was made by Member Reynolds, seconded by Member Muschler that the Zoning Board of Appeals recommend to the President and Board of Trustees denial of the requested variation for the following reasona: 1. The property can yield a reasonable return as presently constructed. 2. Negligible hardship has been indicated. 3. This variation, if granted, would set precedent with respect to other properties within the Village. Member Fullan indicated that he would vote against the motion since the room aZready exi.sts and the proposal is only to renovate such structure creating no further encroachment on any required yards. Acting Chairman Hodges stated that the room will not ezist when it is removed and � that such nonconforming uses ara not allowed to be reconstructed once they are removed. Member Crouch stated that he is less concerned ��rith this type of variation which involves a side yard adjoining a rear yard where there is more required separation .. ZONING BOARD OF APPEALS Minutes -4- August 3, 1982 . � ''� ; , , , s . . t . . - . .. . .. . . ., .y ' � �. ". � . . � . . . � . . . = .. . � . � . . . � � � . ► � . �. . � . . � . . . ZONING BOARD OF APPEALS Minutes -5- August 3, 1g82 Y ROGOLIO LIBOON - REAR YARD VARIATION - 5 Regent Drive (Continued) than in the case o� two adjoining side yards. Dr. Liboon stated that he has spoken with the owner directly behind him and has received no objection to his proposal. ROLL CALL VOTEs 1�ye8: �2� - Members Muschler, Reynolds � Nays: �3) Members Crouch, Fullan, Acting Chairman Hodges Absent: (2) Mzmber Savino, Chairman Baroni MOTION FAILED. . . .. A motion was made by Member Crouch, seconded by Member �allan that the Zoning Board of Appeals recommend to the President and Board of Trustees approval of the requested Rear Yard Variation due to the unusual circumstances including: 1. The fact that the Village, in 1970, did issue a roof permit, and 2. The basic configuration of the proposed renovation is no different than that xhich presently ezists. xOLL CAI,L VOTE: �eS: (3) l�iembers Crouch, Fullan, Acting Chairman Hodges Aays: (2) Members Muschler, Reynolds Absent: (2) Member Savino, Chairman Baroni 1�IOTION FAILED. . ... The Secretary noted that this motion failed due to the requirement that four members must vote in favor of any recommendation for a Variation from the standards of .the Zoning Ordinance. ZONING BOARD OF APPEALS Minutes -5- August 3, 1982 i .. + . � � . . . � � . � � _ � ` : + � . G .� � . � .. . .. . q .. .. . � � � . 4 f� V I L L�.G E C�F O A K B R.C�� K. 1200 O� K BROOK ROAU OAK BROOK, ILL]�OIS 654-2220 July b , 1982 . MEi'�iG 1'0: Bruce Kapff, Assistant to Village Manager F'R0�1: Marianne Lakosil , Assistant to Buiiding Comm�ssioner SUBJECT: 5 Regent Drive - Rear Yard Variatron Plans show room additi�n to be located 37 feet fram Rear Lot Line , (Nc� rnof overhang) . This represents a 3 foot encroachment into the required 40 foot Rear Yard. Respectfully submitted, , �i� ..5� , � Marianne �akasil Assistant to Building Commissioner � i;j�G:�p�� / James E . Clark Building Commissioner ML/JEC/sc L � ` . . . . . � . . . . � o� ^ . �� . 0 G 1 � CF f � VI LLAGE OF OAK BR�JOK 1200 OAK BROOK ROAD OAK BROOK, ILL(NOIS 654-2220 July 6 , 1982 MEMO '�0: Bruce Kapff, Assistant to Village Manager FROM: Marianne Lakosil , Assistant to Building Commissioner SUBJECT: 5 REGENT DRIVE - REAR YARD VARIATION Zoning: R 3 Rear Yard Requirement : 40 feet / 12J9/68 - Permit issued for residence with patio in rear yard. �,, 10/2/69 - Certificate of Occupancy issued. �� 5/6/70 - Permit issued for roof over existing patio. �� 7/24/69 - Permit issued for Swimming Pool and Fence. A permit was never issued for the patio to be enclosed as a room addition. The proposed room addition is 37 ' from the roof overhang to the Rear Lot Line, representing a 3 ' encroachment into the Rear Yard. Respectfully submitted, �` Marianne Lak sil Assistant to Building Commissioner James E. Clark Building Commi s 'o er � ML/JEC/sc ` ' - -�• � ' �� q /�� '� Y�"t . r - � �i�� . . `� . � + . o _ a� '�_ cF _ co� VI LLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS June 29, 1982 ssa-aa2o Mr. Art Fossier - 112 South Washington Street . Hinsdale, Illinois 60521 RE: Rear Yard Variation _ 5 Regent Drive � Dear Mr. Fossier: In confirmation of our discussion of today, I will need the fo].lowing information no later than Friday, July 2, 1982 if this matter is to be heard by the Zoning Board of Appeals at their August 3rd meeting: 1. A Plat of Survey which is an original not a coPY� � � 2. The scale should be added to page one of your site drawing, 3. The exact �i��r.sioa fra� the closest portion of the proposed structure to the rear lot � line should be indicated, 4. The 40 foot rear yard line should be added to the site plan, 5. The site plan should delineate between those existing structures and what is being proposed. Should you have any questions concerning the above requirements, please feel free to ca11. Sincerely, �� % Bruce F. Kapff Assistant to Village Manager � BFK:pb € � � A * ♦ c ' ;: . ` c . <<uN VI LLAGE OF OAK BRODK � 1200 OAK BROOK ROAD OAK BROOK, [ LLINOIS G54-2220 August 5, 1982 MEMO T0: Bruce Ka.pff, Assistant to Village Manager FR�i: Marianne Lakosil, Assistant to Buildir�g Conmissianer SUBJECT: S Regent Drive - Dr. & Mrs. R. Liboon At the Zoning Board of Appeals Meeting of August Znd, a 4uestion arose regarding the chumey as an encroachment into the rear yard. There is no specific reference to the application of the rsrdinance re- lating to this as being permitted or not permitted, but consistent Village policy has recognized the chimney as being an alluwdble projection. This is also consistent wi.th the posture other m.micipalities have taken on the same issue. The exzsting enclosed patio has a roof overhang. The proposed repl.acem�nt on the same patio floor would not have an overhang into the rear yard. Respectfully, � � - ,.� L. �4.�':""_ ._.-�c.�=�-- t.�,,�x�.� Marianne Lakos�.l 4�w James,E.':Clark Assistant to Building Canzrussioner Buildirig Commissioner ML/js . , - � � VILLAGE OF OAK BROOK 1200 Oak Brook Road - Oak Brook, Illinois 60521 N O T I C E Augus�., 1982 TUESDAY, REGULAR ZONING BOARD OF APPEALS MEETING 7 : 30 P .M. August 3, 1982 Village Commons - Samuel E. Dean Board Room AG�NDA 1. Roll Call 2. Approval of Minutes 3. Heritage Oaks Subdivision - Variation - Lot 8 - Temporary Sales Office 4�. Rogolio Liboon - Rear Yard Variation - 5 Regent Drive MQNDAY, COMMITTEE-OF-THE-WHOLE MEETING 7 : 30 P.M. August 9 , 1982 Village Commons - Samuel E. Dean Board Room TUESDAY, REGULAR BOARD OF TRUSTEES MEETING 7 : 30 P .r1. August 10, 1982 Village Commons - Samuel E . Dean Board Room MONDAY, REGULAR PLAN COMMISSION MEETING 7 : 30 P .M. August 16, 1982 Village Commons - Samuel E . DPan Board Room AGENDA l. Roll Call 2. Approval of Minutes 3. Butler National Goli Club Subdivision - Final Plat TUESDAY, REGULAR BOARD OF TRUSTEES MEETING 7 : 30 P .M, August 24 , 1982 Village Commons - Samuel E . Dean Board Room . � q � . : � G � 9 = s�. , cvu , VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, tLLIN015 654-2220 July 30, 1982 MEMO T0: Zoning Board of Appeals FROM: Bruce F. K.agff SUBJECT: Rogalio Liboon - Rear Yard Variation - 5 Reg�nt Drive APPLICATION IN GENERAL Rogolio Liboon, as represented by Art Fossier, buildar, has made application to replace an existing enclosed and roofed patao with an addition as shown on the enclosed plans. The same ground area will be covered by the proposed addition as is presently covered by the existing structure. VILLAGE ST�IvDARDS The rear yard requirement for this R-3 Zoning District is 40 feet (Section VII (E) (8) (c)) . Tha proposed addition as well as the existing structure is located approximately 37 feet from the rear lot line. This application calls for a 3-foot encroachment into the required rear yard. . OTHER INFORMATION As noted in Marianne's second memo of July 6, 1982, this house originally received a permit in December 1968. The original permit included a patio located in the rear yard which is also presentTy pe�itted to be in the rear yard. Following the occupancy permit in '69 and a permit for the swim•ning pool and a fence also in '69, a permit was issued for a roof over the existing patio in 1970. It is not known what type of roof this was, although it is known that walls were not part of what was requested. Subsequent to 1970, walls were added to the structure without benefit of a permit. Our Buil.ding Departmer_t presently determines that a structure is an addition to the house when such structure is covered by a roof. A similar determination was made by the Building Department with respect to the Robert Parks application on Madison Street in which case the pool located in the rear yard would have been permitted excegt for the fact that a roof structure was proposed and, as such, was considered an addition and not permitted in the rear yard. MEMO T0: Zoning Board of Appeals FROM: Bruce F. Kapff SUBJECT: Rogolio Liboon - Rear Yard Variation - 5 Regent Drive July 30, 1982 Page 2 As stated previously, Mr. Liboon will not be increasing the area of the existing encroachment into the rear yard but will only be replacing same with a renovated structure. Respectfully submitted, �� Bruce F. Rapff Assistant to Village Manager BFK:3r � ^ � '� : ,� . ---- - - _ _ _ _ :'- __ ,�.�,.: - ----_ ---- -------_--- --____ _------ , .. ,�.�.,�,�,.,�,�.,��..�,., ,�. .- -- a.�"`� r ` - � ,. ;� ' ,,, -- -- ':. "'�r'�+�:.� - . . . � � _ � . � . � . � .., � � � GAL NOTItE ' LAGE OF OAK BROOK ' �• � . . - � .. - . � � � . .�. Ol1PA ANDCCOKCOUNTIES,ILLINOIS � -" NOTICE la HTERFBY GI`�lEN F}ai a�N' . � � � . � � �b�ae►he Zor,inq Board of A Public hearing �� - �B�R'S CEEtTIFICATE � � � .B+'ook.DuPage and Cook Cou�t�esaf I��rw;s,witl ge°f Oale �� . . ��A�Dust�,1982 at 7:30 p.m. !n iRe Oak Br ��tl O° . . �.�2000ak Bropk Road, Ilino�s,for the �r�V'��a�Hall,- � •��t�aPRiication a!R��;o Libpo�}a a V�areai;on as�pro- ��T�C '�TIF�Y T�13t�l@ IIOtYCC� a tn:e�copy of which is attached to this � � �ideelunderSxtionXtlt�G�o}t�Zon;ngOrdinanceWtrye �!I'�IftCBIl. �+as published in THE UAK BRO�K DOINGS onte each week for ��Village of Oak Brppk. Iliirwis.OrC�rynce G-60,as amena. . . . fld. � A Vaziation to fhe followi�g �;�p��me Zo��ng Or- �.� � a1.� dnance is requ¢sted: A Variation from ihe provisions p� __ RBC�C$ $�1CCC.4SIVCl�� t uaC dc1tC �Section VII(E)(81(q regartli t ""--'-----'•--'•-•"----'-•-----'-------•---...--•------'----' �Y (d0) feet,ta ^9 he required rear yard.pf . � . permli the constru�t�p�gf��ort, � Y►unY"seven(3T)�feet irom the rear loi line or ihr�(3)toet � 1 rJ'�b . . wtyn me r�yu�rea rea vara. rne arocerrr�Y ee � af the � publication was the----•--------------•---._...----------- ._day of 9Ef1lfa11Y deSC�ibEd a5 5 R � � ' . � "'--«-"----'»'•- ,�the le�gal uescri �9ent Ur�ve.Oak 8rppk,fttieKiis. �� . . a��+�a5�o��: __...Julx,---------p.D., i9_82_ , and that the date of the last publication was �Lot 0.?in Brook Fprest Unit Two,being a subdivision pf - .---- �f��T�un p7,Tonyns�ip 3q Nprih.Rar.ge ll,Easi , . -' af 1he Third Princip2�Meridian,in p�page Coumy,11- � �` linas,Permanent Parcel No.O6-T7-405-070. A.D. .19 - AII per�dPsiring to be heartlin su � . �.........................--••------.------d8y Of-•------------•--------- - . •------------- � ..------•-- '.��fiorf fo the propp�d V ari ation or an P°"�'°+°�'"°�S�- � TT � �R�R CER,TIFIED ThBi THE OAK BROOK DOINGS is S � �b�a�forded an opportunity}o� y Provision therep{,M,�� at�^naa��varinwrttingor��"T��S�b^"ttheir �`�8T ABWSJ}3j�I' of general circulation, published weekly in the Villag� "._�'__ ' "°'�a�6e_ at Hinsdale, County of DuPage, State of Illinois, and circulated generally ��ecessed fo another�;e it nptice of fime and ptace tiierep{� ' m ge, �ad'aeent�uninco d orated aandd ineo iils, �Oak Brook, Willowbroak, Burr �$ P�b�'��Y a�nounced at tr,e hear;�y a ;� � J � rparated areas, and in DuPage 8L1t1 �'��b��a�;on nct less ityn five cs�aa,,s'�;;�°o Gbok C:ounties, Illinois, and in other areas; that said THE OAK BROOK ZAe date of fhe recessed hearing. � Mariartne Lakosi� �INGS 1S 8 "newspaper" as defined by t.he Illinois Statutes made and pro- Pwe'ishetl at ihe tlirection of}�� V'��a9eClerk vided for such situations, to wit; by Section 5 of "An Act to revise the ]aw � t�Z��9 6oard of q Porale Authpriti�a� � ��on to notices", 1874, Feb. 13, R.S. I874, p. 723, 3 5, as amended 1959, flUPa4e and Cook Counti�es'Ililnp�5��a��Oak BroWc, PuWished in ihe Oak Brook Dpings,,,,,,,�S ,� July 17, Laws 1959, p. 1494, � 1; and is also a "newspaper" as defined by •---- - -- -:� � Sectian 1 of "An Act concerning the publication of legal notices", 1909, June �--� ' '��`� 8, Laws 1909, p. 288, 4 1, as amended 1927, June 29, Laws 1927, p. 603, 9 1, and as ftuther amended 1945, April 12, I.aws 1945, p. 1089, 61, and as further . amended in 1957, July 9, Laws 1957, p. 2270, 4 i, and as further amended 1s59,July 17,Laws 1959, p. 1496, 41; and that said THE OAK BR�OK DOINGS has been continuously published at regular intervals of at least once each vveEk with a minimum of 50 icsues per year for over one year prior to the ficst publication of the attached notice. IN WITATESS WHEREOF, one of the co-publishers of said THE OAK BROOK DOINGS has affiued his hand and seal thi� Mw15th.---•--------�Y of----.July--------------- A.D. 19:_$�_. pa�sbers pesrge----27.z8.._...._ .�..:....��..f:X::�e.1✓ �`J' , PabW�r 1'r--�.;�i _ _ _ ._ _-- - __ _ ,�,, • _ ' � ' � � . � ( - ''� � t � Ii , � � � � � � � � " ��'� i� �� . , j '�, • '� ' A � � �� G � � • � 9� '�� `"(/�� VI LLAGE OF OAK BROOK 1200 OAK BEZOOK ROAD OAK BROO-K, ILL[NOIS � � July I4, 1982 654-2220 Dear Reside�t, T'he Oak Brook Plan Commission and/or Zoning Board of Appeals, and the Village Board will be considering a: X Variation Preliminary Plat Special Use , ' Final Plat Zoning Amendment ' at the meetings as scheduled on the reverse side of this notice. The application has been filed by Rog,olio Liboon � Name of applicant � 5 Regent Drive, Oak Brook, Illinois Address Relationship of applicant � to property Owner Name of Subdivision (if applicable) . The property in question is situated at: 5 Regent Drive We have attached a map of the area to assist you in determining your relation- ship to the property in question. The request which has been made is as follows: A Variation from the provisions of Se�:�a.on VII (E)_(8) (c) rega�.3in� the required rear yard of forty (40) feet, to permit the construction of an addition, thirty seven (37) feet fror► the rear lot line or three (3) feet within the required rear yard. If you desire more detailed information, we would suggest that you contact Mr, Bruce F. Kapff, Assistant to the Village Manager, at the Village Hall to review the file on this application. We will be looking forward to your, attendance at the public meetings. Respectfully yours, rJ o . � ; K neth G. Carn:i�ani Village Manager � KGC:jr . All Meetings are held in the Samuel E. Dean Board Room o� the Oak Brook Village Ha11, on 0ak Brook Road {3lst Street) and Spring Road, Oak Brook, Illinois Plan Commission Meeting. . . . . . . . . . . . . . .. . . . . .7:30 P.M. Monday NjA Zoning Board of Appeals. . . . . . . . . . . . . . . . . . . . .7:30 P.M. Tuesday Aug. 3, 1982 Board of Trustees Meeting. . . . . . . . . .. . . . . .7:30 P.M. Tuesday Aug. 10, 1982 MAP OF AREA ,. .� � n�RD - . . . , � . _� . . . . . . . . . ..� . . � � � , . STREET - � . � ( �, . � .- _ _ __ _ � .. � � � � � � ��l��f � . --- ' . .—. . . . . t i � . � . A 1 �� . , _ �y - --- --- --�---•-- - � �+D41ERw . . . . S . . . ��. . . � �)a9)�� .)62 )y _ . 69 a �.� � . .� . . � i�� ' d : V� � 4 . . ... . . . . . >!.� a» !��> ]e�= �� i. •�� . . . - s - 1 . t �'yRs `A p i � . . S . ' . . .�o �3s� `:��i o ss9 � � � o; . . . . . . . . � . vs�• �• �s t� uq'^ �� e. '�. �t r-. . . . . w 55!. 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REFERRALS tJith no objections, the follo�ving applications were referred to the Zoning Board of Appeals ,leeting of August 3, 1982: 1. Heritage Oaks Subdivision - Subdivision area variation for Temporary Sales Office, (3008 Heritage Oaks Lane). ('� 2.� Rogolio Liboon - Rear Xard variation for room addition, (5 Regent Drive) . �� VII. ADJOURNi�IENT Trustee Congreve u�oved - seconded by Trustee Watson. . . To adjourn this meeting. Time: 8:50 P.M. Voice vote: all present, in favor. So ordered.- A�TEST: � , t ' �� ' Viliag Clerk �., , ; . ' ` , , � , � , - i :� , 7 \ � APProved� : i � � VILLAGE OF OAK BROOK MINUTES -6- July 13, 1982 '\n� '� ''� ''� oa . , ♦ i ` c�, ..,_. . � u' � VI LLAGE OF" OAK BROC� K 1200 OAK BROOK ROAD OAK BROOK, ILL(NOIS � G54-2220 July 6 , 1982 MEMO T0: Bruce Kapff, Assistant to Vil.lage Manager FROM: Marianne Lakosil, Assistant to Building Commissioner SUBJECT: 5 REGENT DRIVE - REAR YARD VARIATION � Zoning: R 3 Rear Yard Requirement : 40 feet 12/9/68 - Permit issued for residence with patio in rear yard. 10/2/69 - Certificate of Occupancy issued. ' S/6/70 - Permit issued for roof over existing patio. 7/24/69 - Permit issued for Swimming Pool and Fence. A permit was never issued for the patio to be enclosed as a room addition. The propased room addition is 37 ' from the _roof overhang to the Rear Lot Line, representing a 3' encroachment into the Rear Yard. Respectfully submitted, } .� . Marianne Lak sil Assistant to Building Commissioner James E. Clark . Building Commi s 'o er ML/JECJsc •�:�� "`'"` � Vi LLA�� F ZUNIi�'JFtDINAI�'CE FLOUD PI.AIN �a �. � � � � ',��_. �_ �.� K B RO� K ` '� + 12 0 0 OAK BROOK ROAD � �pP�L t�i VARZATION � �� OAK BROOK, ILLIN�IS 60521 $100 �''—J S3oo ' 654-2220 � VARIATION ("'-� SPECIAL USE $300 �--i. $675 APPLICATION FOR PUBLIC HEARING AI�IENDMENT TO BE FILED WITH VILLAGE CLERK � $650 �'—^—� SPECIAL USE . L,_..,1 $400 (Section 2-225, 8/11/8i ALL APPLICATIONS MUST BE ACCOMPANIED BY PROPER FEE, PLAT OF SURVEY, AND (18) COPIES OF A SCALE DRAWIhTG, SHOWING ALL PERTINENT APPLICABLE INFORMATION, i.e. , PROPERTY LINES, EXISTING BUILDIivGS, LOCATION OF PROPOSED CONSTRUCTION, ANY BUILDINGS �N ADJACENT PROPERTY WITHZN 100 FEET OF SUBJECT PROPERTY. DO NO�T WRITE IN THIS SPAC� -- FOR aFFICE USE tKVLY �Date Filed: _r��- 2� 1��.. Board of Trustees Referral -r--- I�Iotice Pu�iished: Newspaper: � - Date Ad3acent Property Owners Notified: Staff Referral: Public Hearing Dates; Plan Commission Zoning Board of Appeals � Board of Trustees Board of Trustees __ _ � (Approva of Ordinan�::;: FEE PAID: $ �o, � � Receipt No.:��/,.� 'y�D Z.-- Received By: -�r� L-K-� � � � �� c_a.,;,�.�.�.�.._..��mE�-o�� _ `� Village Clerk - � APPLICANT TO COi�iFLETE . LOCATIQN OF SUBJECT PROPERTY: PERMANENT PARCEL NUMBEROG-�7-yG',S-�'1� LOT N0. 43 SUBDIVISYON ��k Forest Unit2 �pDggSS 5 Regent Drive ' �ZONIAG R-3 • ZONING QRDINANCE SECTION . �1I I (E) (8) (C) Rear yard not less than 40' AGTION REQUESTED Wish to reduce 40' rear yard to 37 ' to` allow for a room addition on existing foundation. � PROPERTY INTEREST OF APPLICANT: � OWNER ,�X CONTRACT PURCHASER � AGENT � OWNER(S) OF RECORD Dr. and Mrs. Rogola_o Liboon PHONE NUMBER 654 0736 ADDRESS 5 Reqent Drive, Oak Brook, Ill. ZIP 60521 BENEFICIARY(IES) OF TRUST: PHONE NUMBER ADDRESS ZIP NAME OF APPLICANT Dr. Rogolio Liboon PHONE NUMBER 654 07 36. ADDRESS 5 Regent Drive, 0ak Brook, Ill. ?.IP 60521 .. _ , I (we) certify that all of the above statements and the statements r_ontained in any papers or plar�s submitted herewith are true to the best of my (our) knocol�dge and belief. �Zc��-: ��:-�..-� 6/22182 si ature) Applicant . � Date signature) . Applicant Date NOTICE TO APPLICAIVTS Filing Schedule VARIATION:- MUSt BE RECEIVED PRIOR T0 T!-� FIRST OF Tf-iE MONT�-i FOR PUBLIC HEAItING°DN TN�: FIRST TtiESDAY �F 11i� F(}LIAtitIING 1��NTH: AA'�NI��'�NT OR SPECIAL USE: N�tIST BE RECEIVED PRIOR 'PO THE 15TH OF THE MONTH FOR' PLAN' ODIt�iISSION HEARING DN THE THIRD 1��NDAY OF T�-�E FOLLOj�iNG MQN'Tfi, WITH ZONING BOARD PUBLIC HF,ARING 'I10 FOLLOW. A �Tariation is a zaning adjustinent which permits mi.nor changes of district require- ments where individual properties are both harshly and uniquely burdened by the strict application of the law. The po�ti�er to vary is restricted and the degree of Variation is limited to the minimum c't�a�ige n�cessary to overcome the inequality inherent in the property. , 1. A Variativn recognizes that the same district requirements do not affect all : properties equally; �,t was invented to peYmit minor changes to allow hardship prop- erties to enjoy eq�l apportunities with properties similarly zoned. You must ;�xove that your land is affeeted by special cireumstances or unusual conditions. : �'hese must resu�t in uncommon hardship and wlequa.l treatment un�.er the strict ap- . plication of the Zonirtg f3rdinance. Wi_ere hardship conditions extenci to other prap- erties a Variation cannot be granted. The remedy fo� genera.l hardship is a change , of the map or the text of the Zoni.ng Ordi.nance, 2. Yau must grvve that the combination of the Zoning Ordinance and the uncammon conditions of your property prevsnts you from making any rea�onable use of your land as germitted by your presen� zoni.ng di.strict. Since zoning regulates Iand and not people, the follawing conditions cannot be eansidered pertinent to the app�ica- tion for a V�riati�n: (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 wauld encourage and condone vialatian of the Iaw. ' 3. No Variation may be granted which would adversely affect surr+�unding property � or �he general neighborhood. Al1 Variations must be in harmony with the intent and purposes of the Zoning Ordinance. � �lames of Surrounding Prc�Per'tY Ch,mers Following are the names and addresses of surroimding propert� owners from the property in questian for a distance of 250 feet in all dire�tions, and the nwnber - of seet occupied by all public roa+ds, streets, �.11eys, and public ways have been excluded in computing the 250-foot requirement. Said names are as r�carded in 'the • office af the Coimty R,�eorder of Deeds (or th� Regi.stra:r of Titles of the Cotmty) � and as appear from the authentic tax records of this Caur�tX. � Na�e Address .Dr. an�,Mrs. Parrilli. � 3 Reqent Driver Oak Brook, I11. . Mr. and Airs. R. Misurec 4 Regent Drive� Oak Bxook, I11. Mr. and Mrs. Ted F. Novak 6 Regent Drive, aak Brook, I11. Mr. and bqrs. Jarries Cozzi 9 Regent Drive, Oak Brook, I11. � Mr. and Mrs. John Ch�tham Il T.�{��nbeth CQurt, C7�k Brook, Ill. � Mr. and Mrs. Jerry Matustik . 15 Lambeth Court, Oak Brook, Ill. Mr. and Mrs. Ronald Supena 3 He�ther Lane, Oak Brook, Ill. � . � . _� � � ROGOLIO LIBOON - REAR YARD VARIATION Additional residents: 06-27-405-005 - Angelo Despota, 7 Heather Lane, O.B. 006 - Robert E. Gibbs, S Heather Lane, O.B. 405-009 - E. V. Moravec, 2 Regent, O.B. 013 - Will Krause, 9 Lambeth, O.B. 022 - Melrose Park National Bank ��689, 17th Avenue & Lake Street, Melrose Park, IL 60160 023 - Drovers National Bank, Trust ��77102, 1547 West 47th Street, Chicago, IL 60609 024 - Joseph Calabrese, 3 Lambeth Ct. , O.B. 026 - Melrose Park National Bank, Trust 4�1919 406-014 - Robert T. Vitt, 8 Regent, O.B. �