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S-525 - 03/27/1984 - VARIATION - Ordinances ORDINANCE NO. S- 525 AN ORDINANCE GRANTING VARIATIONS FRO!4 THE PROVISIONS OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK RELATIVE TO DRIVEWAY LOCATION AND LOADING BERTHS (Crossings At Oak Brook -_.Vantage Properties, Inc.) WHEREAS, an application has been filed requesting variations for property located on the North side of the West end of Kensington Road bounded by Route 83 on the West and by the East/West Tollway on the North; and WHEREAS, the Zoning Board of Appeals of the Village of Oak Brook pursuant to due and appropriate legal notice conducted a public hearing thereon on March 6, 1984; and WHEREAS, the said Zoning Board of Appeals made specific findings of fact and recommendations that: 1 The requested variation from the provisions of Section XI (D)(7) to permit a reduction from 4 to 2 of the number of loading berths required for each building be granted; 2. That the requested variation from the provisions of Appendix II, Paragraph 4 of the Zoning Ordinance to permit a reduction in the required separation between driveway entrances from 316 feet to 245 feet be granted; 3. That the requested variation from the provisions of Section XI(E)(7)(ii) to increase from 6 to 353 the permitted number of parking spaces in front of a building be denied; and WHEREAS, the corporate authorities have considered these recommendations and findings and concur in the same since they are supported by the preponderance of evidence in the record. 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 preamble hereinabove set forth is hereby incorporated herein as though fully set forth. Section 2: That a variation is hereby granted from the provisions of Appen i3 x I,Paragraph 4 of the Zoning Ordinance of the Village of Oak Brook so as to permit two (2) driveway entrances to the property hereinafter described in Section 4 to be 245 feet apart; provided that said driveways shall be constructed in substantial conformance with the site plan attached hereto entitled "The Crossings At Oak Brook, Oak Brook, Illinois" prepared by Vantage Companies of Solomon, Cordwell, Buenz & Associates and dated as received January 15, 1984. Section 3: That a variation is hereby granted from the provisions of Section XI (5)(7) of the Zoning Ordinance of the Village of Oak Brook so as to reduce the required loading berths for each proposed building from 4 to 2. Section 4: That the variations herein granted pursuant to this Ordinance are limited to the property hereinabove described located at 1420 and 1520 Kensington Road, which property is legally described as: Lot 12 in Corporate Plaza Subdivision Unit II of parts of Lots 1 and 2 in Oak Brook Assess-nent Plat #3 of part of Section 26, Township 39 North, Range 11, East of the Third Principal Meridian according to the plat thereof recorded August 10, 1972 as Document No. R72-46895 in Du Page County, Illinois. Permanent Parcel Number: 06-26-101-006 also to be known as Lot 1 of "The Crossings At Oak Brook Subdivision". Ordinance No. S- 525 Ordinance Granting Variations Relative To Driveway Locations & Loading Berths (The Crossings at Oak Brook & Vantage Properties, Inc.) Page 2 Section 5: That this Ordinance shall be in full force and effect from and after its passage and approval pursuant to law. PASSED this 10th day of April , 1984. Ayes: Trustees Imrie, Listecki, Maher, Philip Rush and Watson Nays: None Absent: None APPROVED this 10th day of April 1984. VILLAGTP RESIDENT" ATTEST: VILLAGE CLERK APPROVED AS TO FORM: �w. VI GE ATTORNEY Published Date Paper Not Published X 1 � OF OgKe 9 O >7 N G p` COUN0, VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 March 9, 1984 MEMO TO: John H. Brechin, Village Manager FROM: Bruce F. Kapff, Assistant to Village Manager SUBJECT: Vantage - Loading Berth, Driveway and Parking Variations (West end of Kensington Road) APPLICATION IN GENERAL Vantage Properties, as owners of Lot 12 of the Corporate Plaza Subdivision Unit 2 and contract purchasers of that portion of the NI Gas property located directly North of Lot 12, have submitted plans to construct two office buildings each containing approximately 157,500 square feet of gross floor area for a total floor area for the site of 315,000 square feet. The subject property is located on the North side of the West end of Kensington Road bounded by Route 83 to the West and the East/West Tollway to the North. The Plan Commission is scheduled to hear the proposed Crossings Subdivision which would join Lot 12 and the NI Gas parcel into one lot at their meeting of March 19, 1984. The total site area following the subdivision will be 16.8 acres. The development, as presently proposed, requires the NI Gas property in order to meet the Floor Area Ratio standard and required number of parking spaces. SPECIFIC ZONING RELIEF 1) Loading Berths - Section XI(D)(7) of the Zoning Ordinance requires a minimum of four loading berths for each of the proposed 157,500 square foot buildings. A Variation has been applied for to reduce the requirement to two loading berths per building. The Zoning Board of Appeals recommended approval of this requested Variation at it March 6, 1984 meeting. 2) Separation between driveway entrances - Appendix II, Paragraph 4 of the Zoning Ordinance, when figured against this property, would permit the separation between two driveway entrances no closer than 316 feet based on the lot line adjoining RE: Vantage March 9, 1984 Page 2 Kensington Right of Way being 790 feet in length. A Variation has been applied for to reduce the separation to approximately 245 feet for the two entrances proposed. The Zoning Board of Appeals recommended approval of this requested Variation at its March 6, 1984 meeting. 3) Parking in front of the building - Section XI(E) (7) (ii) permits the location of no more than six parking spaces in front of the building. The Site Plan in your file has been marked with a blue line to the South of which has been determined to be parking located in front of the building. A Variation has been applied for to permit approximately 353 parking spaces in front of the building. The Zoning Board of Appeals recommended denial of this requested Variation at its March 6, 1984 meeting. It should be'noted that Vantage also appealed the Building Commissioner's decision concerning the definition of "parking in front of the building". The Zoning Board of Appeals, at its March 6, 1984 meeting, affirmed the Building Commissioner's decision which is shown as the blue line on the enclosed Site Plan. The Zoning Board's action with respect to the Appeal is only provided as informa- tion to the Village Board since according to the Village's Zoning Ordinance, appeals are not reviewed by the Village Board. Respectfully submitted, Bruce F. Kapff Assistant to Village Manager BFK/j r ti � i • 3�OF 04Ar A { G p 9OFCOUNZ4, VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 March 9, 1984 President & Board of Trustees Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60521 RE: Vantage - Loading Berth, Driveway and Parking Variations (West end of Kensington Road) Dear President & Board of Trustees: The Zoning Board of Appeals, at its regular meeting of March 6, 1984, considered the application of Vantage Properties for the following specific types of zoning relief: 1) Variation from the provisions of Section XI(D) (7) to permit a reduction from four to two the number of loading berths required for each 157,500 square foot building. The Zoning Board of Appeals recommends to the President and Board of Trustees approval of this requested Variation for reasons that the Ordinance requirement places undue hardship when viewed in relationship to the proposed use of the buildings. This recommendation was made on a motion by Member Hodges, seconded by Member Bartecki and approved on a Roll Call Vote of five (5) ayes: Members Bartecki, Fullan, Hodges, Savino, Chairman Baroni; zero (0) nays; two (2) absent: Members Crouch, Reynolds. 2) Variation from the provisions of Appendix II, Paragraph 4 of. the Zoning Ordinance to permit a reduction in the required separation between driveway entrances on a lot from 316 feet to 245 feet. The Zoning Board of Appeals recommends to the President and Board of Trustees approval of this requested Variation for reasons that a genui- -e hardship has been shown since the entire Kensington Right of Way has not been paved which creates an impossibility to comply with the Ordinance. This recommendation was made on a motion by Member Hodges, seconded by Member Fullan and approved on a Roll Call Vote of five (5) ayes: Members Bartecki, Fullan, Hodges, Savino, Chairman Baroni; zero (0). nays; two (2) absent: Members Crouch, Reynolds. 3) A Variation from the provisions of Section XI(E)(7) (ii) to increase from 6 to 353 the permitted number of parking spaces in front of the building. RE: Vantage March 6, 1984 Page 2 The Zoning Board of Appeals recommends to the President and Board of Trustees denial of this requested Variation for reasons that there has been no showing that the applicant could not construct the buildings on the property in a manner which would comply with the Zoning Ordinance which would be no more difficult than with the proposed plan and, furthermore, to grant such a variation would set an unnecessary precedent. This recommendation was made on a motion by Member Hodges, secondedrb g y Member Savino and approved on a Roll Call Vote of five (5) ayes: Members Bartecki, Fullan, Hodges, Savino, Chairman Baroni; zero (0) nays; two (2) absent: Members Crouch, Reynolds. Sincerely, Gene J. Baroni, Chairman Zoning Board of Appeals BFK/GJB/3r t I • • ZONING BOARD OF APPEALS Minutes -8- March 6, 1984 V VANTAGE - APPEAL OF BUILDING COMMISSIONER'S DECISION• PARKING LOADING AND DRIVEWAY VARIATIONS West end of Kensington Road) The Secretary noted that the required Legal Notice was published in the Oak Brook DOINGS on February 16, 1984 and surrounding property owners were also notified of this hearing on that date. The following persons were present representing this application: Jeffrey Jahns, Attorney; Fred Kaplan, Attorney; Bob Olson, Land Planner; Robert Sholiton, Executive Vice President of Vantage Properties; Pat Hannigan, STS Soil Consultant; John Buenz, Architect. Mr. Jahns indicated that Vantage Properties presently owns Lot 12 of the Corporate Plaza Subdivision Unit 2 and is contract purchaser of that portion of the NI Gas property located directly North. Mr. Jahns submitted various suggested findings of fact which the Zoning Board of Appeals could utilize in order to justify the requested Appeal and Variations. Mr. Sholiton stated that Vantage Properties is a national real estate developer listed within the top five such companies nationwide with a total to date of 2.5 billion square feet of office space developed. He noted that the proposed development is comprised of two 3-story atrium office buildings comprising approximately 150,000 square feet of floor area each of masonry construction. He noted that the plan was to create buldings of an interesting shape as opposed to standard rectangular buldings. Furthermore, the roof mechanical areas have been screened for aesthetic purposes. Concerning the Appeal, Mr. Jahns presented various exhibits noting the Building Commissioner's decision as well as an alternative Site Plan #2 rotating the southerly building which, according to the Building Commissioner, would comply. He stated that the Building Commissioner's decision is incorrect, since it relys on a portion of Section XI(E)(7) taken out of context. He noted that Subsection (7) concerns parking within yards and that Subsection (ii) within Subsection (7) which prohibits parking in front of buildings actually refers to parking in front of the building within the side yards. Mr. Jahns agreed that the intent of the Ordinance was to prohibit parking in front of the building, although he contends that the Ordinance presently does not state that prohibition. Furthermore, he indicated that "front of building" is not specifically defined by the Zoning Ordinance and that the Ordinance as written is impossible to apply to buildings of unusual shapes, as in the present case. Mr. Jahns noted that Vantage had previously, on an informal basis, reviewed the current plans with Village Staff and, at those times, received no indication that the proposed parking in front of the buildings would not be permitted. Mr. Jahns then submitted an affidavit from Mr. Thomas I. Humes, partner in the architectural firm of Solomon, Cordwell, Buenz & Associates. ZONING BOARD OF APPEALS Minutes -8- March 6, 1984 ZONING BOARD OF APPEALS Minutes -9- March 6, 1984 V VANTAGE - APPEAL OF BUILDING COMMISSIONER'S DECISION; PARKING LOADING AND DRIVEWAY VARIATIONS West end of Kensington Continued) Chairman Baroni indicated the difficulty for Zoning Board members required to read information just submitted by the applicant, and suggested that it might be inappropriate for the Zoning Board of Appeals to take action with respect to the current applications until such time as the Board has a chance to review these documents. Mr. Jahns made reference to other instances within the Village which suggest that the Village's Building Department had previously interpreted the "front of building" standard differently. He noted Regency Towers which, according to an aerial photograph, contains 20 parkings spaces to the North, or front, of the building. In response to Member Savino, Mr. Jahns stated that the applicant was unaware of the problems concerning front of the building parking until receipt of Mr. Kapff's February 2, 1984 letter. Member Savino inquired as to why the Plan referred to as Alternate #2 could not be constructed since, apparently, the Building Commissioner would approve such a plan. Mr. Jahns indicated that Alternate #2 would be difficult to construct due to bad soil and poor parking distribution on the site. Mr. Jahns further noted that since Alternate #2 would be approved by the Village and is only different from the original plan by rotating the southerly building, he questioned the purpose of the Ordinance since the site layout is basically the same. Member Hodges stated that the standard applied by the Building Commissioner seems to express the intent of preventing parking in front of those parts of a building which are directly visible from the street. He further noted that the applicant's reference to other properties within the Village would not necessarily be germane, since those properties may have been constructed illegally. i Member Hodges inquired as to what area Vantage believes is the front of the building. Mr. Jahns indicated that the front of the building should be all areas to the South of an East/West line touching only the southern-most point of the southerly building. In response to Member Hodges, Mr. Jahns indicated that approximately 254 parking spaces are effected by the Building Commissioner's decision, which could not be relocated. In response to Member Hodges, Mr. Jahns agreed that the Building Commissioner's interpretation of the original plans, as well as Alternate #2, are consistent. He also noted that they do not wish to utilize Alternate #2 due to poor soils and ZONING BOARD OF APPEALS Minutes. -9- March 6, 1984 0 r ZONING BOARD OF APPEALS Minutes -10- March 6, 1984 V VANTAGE - APPEAL OF BUILDING COMMISSIONER'S DECISION; PARKING LOADING AND DRIVEWAY VARIATIONS West end of Kensington) Continued d parking layout. Chairman Baroni stated that if the two buildings on Alternate #2 were separated by a greater distance, the parking distribution could be improved. It Mr. Jahns stated that such an arrangement would not be as aesthetically pleasing. The Chairman asked Building Commissioner James Clark to present the basis for his determination. Building Commissioner Clark stated that in earlier discussions with Vantage concerning their proposed development, he had never seen the current proposal which contains approximately 353 parking spaces in front of the building. He also noted that Village Staff has consistently attempted to assist Vantage including advising them of the potentially bad soils located on the property. He noted that the determination of that part which is in front of the building includes all portions of the building exterior which faces to the front. He submitted, as evidence, the approved Building Plans for Regency Towers dated 1977 which do not show the 20 spaces in front of the building noted on Mr. Jahns' aerial. He stated that the intent of the Ordinance was clearly to protect the view of the front of a building, keeping all parking out of such areas. Member Hodges inquired as to why the Building Department did not advise Vantage of the nonconformity until the February 2, 1984 letter. Building Commissioner Clark stated that he was not aware of having ever reviewed the particular building design in question prior to the review which prompted the February 2nd letter. He further noted that it is standard practice for the Building Department to advise applicants at all times when plan deficiencies are noted. Mr. Jahns stated that Vantage has no quarrel with Village Staff and indicated that they have consistently been fairly treated by the Village regarding this application. He noted their only complaint being the faulty interpretation of the Ordinance. Chairman Baroni inquired as to when the current building design was proposed and also noted his confusion as to the justification of the appellant's case and stated thaP perhaps the written information just submitted is more understandable. The Chairman further noted that the Village has consistently been opposed to locating more than 6 parking spaces in front of a building. Member Hodges stated that the appellant's technique of drawing a line adjacent to the southern most point of the building would clearly defeat the intent of the Ordinance. ZONING BOARD OF APPEALS Minutes -10- March 6, 1984 ZONING BOARD OF APPEALS Minutes -11- March 6, 1984 V VANTAGE - APPEAL OF BUILDING COMMISSIONER'S DECISION; PARKING LOADING AND DRIVEWAY VARIATIONS West end of Kensington Continued A motion was made by Member Hodges, seconded by Member Savino to deny the appeal of the Building Commissioner's decision for the reason that the interpretation of the Ordinance presented by the Building Commissioner is reasonable and consistent with the intent of the Zoning Ordinance and, furthermore, that the interpretation of the Ordinance presented by the applicant appears to be a strained interpretation which would lead to unusual results if applied generally throughout the Village. ROLL CALL VOTE: Ayes: (5) Members Bartecki, Fullan, Hodges, Savino, Chairman Baroni Nays: (0) Absent: (2) Members Crouch, Reynolds MOTION CARRIED. . . . . Mr. Jahns proceeded to present more information concerning the specific Variations requested. Regarding the requested Variation to place 353 parking spaces in front of the building, Mr. Jahns stated that the proposed building location was so located based on bad soils, as well as various 100-foot setbacks and utility esenents surrounding the property. He noted that the planning process was to avoid such undesirable areas and also noted that the subject property is the deepest 110" zoned lot within the Village and, therefore, has certain hardships associated with its development. Mr. Pat Hannigan, of STS Soil Consultants, stated that soils in the vicinity of the northerly Building B are not as bad and, therefore, will be constructed on simple footings. The southerly Building A, being partially located within the bad soil area, will be constructed on pylons. He noted that the poor soil area ranges in depth from 9 feet to 20 feet. Furthermore, soil borings indicate substantial underground water at the southeast corner of the property, which should not be penetrated even with pylons. He noted that soil borings were performed in November and December, 1983. In response to Member Hodges, Mr. Jahns indicated their awareness of a bad soil condition prior to purchase, although they were unaware of the extent of the bad soil area. Mr. Sholiton confirmed such awareness of the poor soil area and noted that prior to purchase, the original soil test, performed on a 200-foot grid pattern, did indicate the poor soil area. Mr. Hannigan stated that the grid spacing at 200 feet is somewhat wide although is a normal technique prior to purchase. ZONING BOARD OF APPEALS Minutes -11- March 6, 1984 i ZONING BOARD OF APPEALS Minutes -12M March 6, 1984 V VANTAGE - APPEAL OF BUILDING COMMISSIONF; , 'S DECISION• PARKING LOADING AND DRIVEWAY,VARIATIONS West end of Kensin�'t,-O Continued Chairman Baroni inquired as to why the 200-foot spacing was chosen if indications were that soils were bad on the site. Member Hodges suggested that a 200-foot spacing of soil boring would have indicated the worst of the bad soil area. Mr. Jahns stated that the poor soils would be a problem for whomever purchased the property and, therefore, would constitute a hardship for any particular property owner. Chairman Baroni indicated that such a property owner, realizing poor soil conditions, would have paid a different price for the property based on its limitations. Member Hodges suggested that if the soil condition were known prior to purchase, this would not constitute a hardship. Mr. Jahns stated that the poor soils were not perceived as a difficulty, since it was assumed that parking areas could be placed over the area. In response to Chairman Baroni, Mr. Hannigan stated that construction of Alternate #2 might require different types of construction techniques, although he could not say precisely until detailed building plans had been prepared. Mr. John Buenz, Architect of the proposed structure, stated that the site design had been based on a desire to avoid a large rectangular building, and also to create an equilibrium of parking servicing each of the two buildings. In response to Chairman Baroni, Mr. Buenz stated that a parking structure could be built, although it would be costly. Mr. Sholiton stated one of the hardships being the large bulk of the property, which is one of the largest in the Village's ORA District. He stated that parking location with respect to the proposed building is very important, since it is difficult to make employees walk great distances. Concerning the requested Driveway Variation, he noted that according to IDOT's letter of February 28, 1984, Kensington Road will never be connected to Route 83 and, therefore, the only property negatively impacted by the closer separation of driveways would be Vantage. Mr. Bob Olson, Land Planner, reviewed the various site characteristics. He noted that Ceco Steel located directly East of the subject property has parking directly adjacent to that proposed by Vantage, which has been determined by the Building ' Commissioner to be located in front of the building. Mr. Olson noted on the Site Plan proposed berms and plantings along Kensington ZONING BOARD OF APPEALS Minutes -12- March 6, 1984 ZONING BOARD OF APPEALS Minutes -13- March 6, 1984 V VANTAGE - APPEAL OF BUILDING COMMISSIONER'S DECISION• PARKING LOADING AND DRIVEWAY VARIATIONS West end of Kensington) Continued which would effectively screen all of the parking from view. Mr. Jahns summarized that their application is essentially for permission to move buildings further back putting more parking to the front. He noted that concerning the Variation for driveway separation, the zoning standard should only be construed on that part of the right of way which has been constructed, and not on the entire right of way which extends to Route 83. He stated that one driveway would be feasible, although two would be more convenient. Concerning their requested Variation on Loading Berths, Mr. Jahns presented two separate plans, one showing two loading berths per building as proposed, and one indicating four berths per building as required. Mr. Sholiton stated that office buildings of the proposed type do not require four berths for each 150,000 square foot building. Building management generally prevents the need for so many docks by scheduling the timing of move ins and move outs. He noted that if the Variation is approved, plans are to replace such dock areas with landscaping. Mr. Jahns indicated that the proposed development does not utilize the maximum floor area ratio permitted and further noted that atriums in this development are included in the floor area ratio determination, although such interior space is not marketable. The Chairman noted that there were no members of the audience expressing support for or opposition to the proposed Variations. A motion was made by Member Hodges, seconded by Member Fullan to recommend to the President and Board of Trustees approval of the requested Variation to Paragraph 4 of Appendix II of the Zoning Ordinance to permit construction of two driveways with a separation of approximately 245 feet, for reasons that a general hardship has been shown since the entire Kensington right of way has not been paved, which creates an impossibility to comply with the Ordinance. ROLL CALL VOTE: Ayes: (5) Members Bartecki, Fullan, Hodges, Savino, Chairman Baroni Nays: (0) Absent: (2) Members Crouch, Reynolds MOTION CARRIED. . . .. A motion was made by Member Hodges, seconded by Member Bartecki to recommend to the President and Board of Trustees approval of the requested Variation to Section ZONING BOARD OF APPEALS Minutes -13- March 6 1984 ZONING BOARD OF APPEALS Minutes -14- March 6, 1984 V VANTAGE - APPEAL OF BUILDING COMMISSIONER'S DECISION• PARKING LOADING AND DRIVEWAY VARIATIONS West end of Kensington) (Continued) XI(D)(7) to reduce the required number of berths per building from 4 to 2 for reasons that the Ordinance requirement places undue hardship when viewed in relationship to the proposed use of the buildings. ROLL CALL VOTE: Ayes: (5) Members Bartecki, Fullan, Hodges, Savino, Chairman Baroni Nays: (0) Absent: (2) Members Crouch, Reynolds MOTION CARRIED. . . . . A motion was made by Member Hodges, seconded by Member Savino to recommend to the President and Board of Trustees denial of the requested Variation to Section XI(E)(7)(ii) to permit construction of approximately 353 parking spaces in front of the building for reasons that there has been no showing that the applicant could not construct the buildings on the property in a manner which would comply with the Zoning Ordinance which would be no more difficult than with the proposed plan and, furthermore, to grant such a Variation would set an unnecessary precedent. ROLL CALL VOTE: Ayes: (5) Members Bartecki, Fullan, Hodges, Savino, Chairman Baroni Nays: (0) Absent: (2) Members Crouch, Reynolds MOTION CARRIED. . . . . . The Chairman called a 5-minute recess at 10:48 P.M. and reconvened the meeting at 10:54 P.M. ZONING BOARD OF APPEALS Minutes -14- Mar,---h 6, 1984 Illinois Department of Transportation Division of Highways/District 1 1000 Plaza Drive/Schaumburg, Illinois/60196 February 28 , 1984 The Balsamo/Olson Group Mr. Carl Kramp 1 South 376 Summit Oak Brook Terrace , IL 60181 Dear Mr. Kramp : The Illinois Department of Transportation will not allow any access to Illinois 83 between 22nd Street and 31st Street at Kensington Road. We presently have a corridor study along this section and the preliminary recommendation includes total limitation on access in this section. Very truly yours , Sigmund C. Ziejewski District Engineer By: 14 X�1�11114vll.211 Carl owa s i District Traffic Engineer � D - [AAR 0 b 1984 a_fZ41i1�- VILLAGE OF OAK BROOK, IL. ADMINISTRATION Ex . V- Ig- PROPOSED FINDINGS OF FACT: PARKING VARIANCE 1. Vantage Properties, Inc. , a Texas Corporation ( "Vantage" ) , is the contract purchaser from Northern Illinois Gas Company of the strip of land lying between Lot 12 in Corporate Plaza Subdivision Unit Two and the Illinois East-West Tollway and also is the sole beneficiary of American National Bank and Trust Company of Chicago Trust No. 58303, which trust is the legal title holder of said Lot 12 (together, the "Property" ) . 2. Vantage will be the developer of the Property. 3. The Property is currently zoned in the ORA-1 Zoning District under the provisions of the Village of Oak Brook Zoning Ordinance (the "Ordinance" ) . 4. Section XI(E) (7) of the Ordinance provides, in relevant part, as follows : In Yards: Off-street parking spaces, open to the sky,may be located in required interior side yards and rear yards, no less than 10 feet from the nearest lot line, except a parking area containing 4 or more parking spaces shall be not less than 40 feet from an adjoining residence district boundary, provided, however, that . . . (ii ) On any lot in ORA1 or ORA2 Office-Research-Assembly District and an 03 Office District, not more than 10% of the required off-street parking spaces, not to exceed 6 spaces, may be located in front of the building or along the side of the building adjoining the street , not (�J�ll� than 25 feet from a street line or 50 feet from V� tt�y VE o street lines of Cermak and York Road; . . . . MAR 0 6 i994 VILLAGE Of OAK BROOK, L. ADMIiNIL'Ti RATION . • 2 - 5. Vantage has represented to the Village that, if the requested parking variance is granted it will provide the required number of off-street parking spaces for the proposed development, 421 (397 regular size and 24 compact size) of which will be situated in "front of the building" according to one interpretation of the subject zoning provision and none of which will be situated within the front yard of the Property. 6. The evidence indicates as follows: (a) That a particular hardship, as distinguished from a mere inconvenience, will result because, due to certain unique physical characteristics of the Property, the Prop- erty cannot be economically developed in an efficiently designed and aesthetically pleasing fashion if Section XI(E) (7) (ii) of the Ordinance were applied in the instant case as the Building Commissioner has applied it. First, the Property appears to be the deepest lot in any "O" Zoning District. Thus, unless the two buildings which comprise the proposed development are situated, as shown on the site plan which was submitted as Exhibit A-1 (the "Site Plan" ) , in the middle of the site with the parking evenly distributed around the buildings, the off-street parking would have to be situated in some cases at very remote distances from the buildings. This would result in a significant inconvenience to many of the employees officing in the buildings and, concomitantly, will render it unreasonably difficult to market and lease-up the proposed development . Second, as evidenced by the soil tests of the Property submitted by Vantage and the oral testimony of Vantage ' s soil engineer, a significant portion of the Property is comprised of bad soil making that portion of the lot buildable only at a substantial expense. Third, due to various easements over, under and across the Property, Vantage is encumbered by several project design constraints which are not applicable generally to other property in the same zoning classification. Fourth, the improved portion of Kensington Road extends only about one-third of the way across the southern 3 - boundary of the Property and, as indicated by a letter from the Illinois Department of Transportation which was sub- mitted by Vantage, it is highly unlikely that Kensington Road will be further improved beyond its present western extremity. The only means of access to the Property, therefore, affords a narrow angle, as opposed to a full frontal, view of the property. Moreover, due to the Property's location at the extreme westerly end of the improved portion of Kensington Road, that portion of improved Kensington Road which is adjacent to the Property will be used almost exclusively for access to the Property and not as a thru street . Thus, the amount of traffic passing in front of the Property will be limited. (b) The instant petition is not motivated by a desire to make more money out of the Property, but is based upon a desire to develop the Property in the most design efficient and aesthetically pleasing fashion. Indeed, the Site Plan was specially conceived to mitigate many of the aforenoted hardships imposed upon Vantage by the physical character- istics of the Property. For example, the two buildings in the proposed development are laid out so as to avoid most of the bad soil. The Site Plan also indicates that the buildings are to be situated toward the middle of the site with the parking fairly evenly distributed around the build- ings. This parking layout not only creates a pleasing appearance, it also represents a sensitive approach to the location of parking spaces from the perspective of conven- ience to the users thereof. In addition, since the pro- posed development will not utilize the maximum allowable FAR, it is clear that the petition for a variance is not designed to jam the site with building or parking. Indeed, the number of parking spaces which would be necessary to accommodate a development for the Property utilizing the maximum allowable FAR can be situated on the Property under a less attractive site plan. (c) The aforementioned hardships have not been created by any person presently having an interest in the Property but are the result of a combination of the size, shape, soil condition and location of the Property and the desire to develop the Property in a design efficient fashion and to promote the highest aesthetic values. (d) If the instant petition for a variance is granted, the spirit of the subject zoning provision will not be undermined. First, as evidenced by Vantage ' s landscape plans and the oral testimony of Vantage ' s architect and engineer, the grading, landscaping and berm 4 - which will be provided will negate the adverse effect that parking in front of the building might have. Second, even absent the proposed grading, landscaping and berm, due to the fact that Kensington Road is not improved across the entire southern boundary line of the Property, there would not be a full frontal view of the subject parking spaces. Third, in order to accommodate fully the spirit of the subject provision, Vantage would have to eliminate virtually all parking on the site, since the Property is surrounded by three roadways . (e) The proposed variance will not contravene and will, in fact, promote the objectives of the Oak Brook Comprehensive Plan by enhancing the visual aspects of the Village through good design and attractive landscaping that screens parking from public view and, in general, by maintaining and promoting the highest aesthetic values. (f) The proposed variance will not impair an adequate supply of light and air to adjacent property or substantial- ly increase the congestion in the public streets or increase the danger of fire or endanger the public 's safety or sub- stantially diminish or impair the property values within the neighborhood. (g) The proposed variance will not alter the essential character of the area in which the Property is located. 7. The Site Plan, except as to those certain variances requested, including the instant one, and except as to the number of small car spaces which Vantage has represented that it will cure, will be, in all respects, in conformance with the ordinances of the Village of Oak Brook upon consummation of the contract purchase with Northern Illinois Gas Company. I M PROPOSED FINDINGS OF FACT: LOADING BERTH VARIANCE 1. Vantage Properties, Inc. , a Texas Corporation ( "Vantage" ) , is the contract purchaser from Northern Illinois Gas Company of the strip of land lying between Lot 12 in Corporate Plaza Subdivision Unit Two and the Illinois East-West Tollway and also is the sole beneficiary of American National Bank and Trust Company of Chicago Trust No. 58303, which trust is the legal title holder of said Lot 12 (together, the "Property" ) . 2. Vantage will be the developer of the Property. 3. The Property is currently zoned in the ORA-1 Zoning District under the provisions of the Village of Oak Brook Zoning Ordinance (the "Ordinance" ) . 4. Section XI(D) (7) of the Ordinance provides as follows: The minimum number of off-street loading berths accessory to structures and uses hereafter erected, structurally altered, or enlarged in all Business and Office - Research - Assembly districts shall be in accordance with the following schedule: Gross Floor Area of Establishments Required Number square eet 5,000 to 25,000 1 25,001 to 40,000 2 40,001 to 100,000 3 (1c n h� additional 100 000 square feet of ros for each addit q 9 floor area, or fraction thereof, over 100,000 uare feet of gross floor area: One additional loading MAR Q t13 berth. VILLAGE OF OAK BROOK, IL. ADMINILTRATION • • • 2 - 5. The proposed development is comprised of two office buildings, each having approximately 150,000 square feet of floor area. One interpretation of the Ordinance would, at a maximum, require each building to have four loading berths. The subject provision can, however, be reasonably interpreted as requiring only five loading berths for the entire proposed development . 6. Vantage has represented to the Village that if the requested loading berth variation is granted, it will construct or provide for each of the two buildings in the proposed development one loading dock and one loading berth and, further, that it will utilize the space which would otherwise be used for loading berths as green space and not for additional parking. 7. The evidence indicates as follows: a) The loading berth requirements of the Ordinance apply to manufacturing and industrial uses as well as to office uses. b) The proposed development is designed strictly for office use and, therefore, one loading berth and one loading dock will adequately serve the proposed develop- ment, especially in view of the fact that the provision of a loading dock will facilitate loading and unloading. c) The granting of the requested variance will not conflict and is, in fact, in harmony with the surrounding area. d) Vantage has agreed to use the Property for no principal use other than as office space and that for such use no more than two loading berths per building are useful; - 3 - e) A denial of the requested variance would result in wasted pavement that can be better utilized as green space and would deny Vantage a reasonable rate of return on the Property. f) The conditions upon which the petition for this variance is based are unique and are not applicable gener- ally to other property within the same zoning classifica- tion. g) The purpose of the requested variance is not based upon a desire to make more money out of the Property, but is based upon a desire to utilize better that portion of the Property at issue as green space as opposed to pavement for loading berths. h) The subject hardship has not been created by any person presently having an interest in the Property, but is the result of the inapplicability of the subject provision to the needs of the particular type of development proposed. i ) The granting of the variance will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the Property is located because one loading berth and one loading dock per building in the proposed development will provide adequate off-street loading for the Property. j ) The granting of the variance will not impair an adequate supply of light and air to adjacent property, nor substantially increase the congestion in the public streets, nor increase the danger of fire, nor endanger the public safety, nor substantially diminish or impair property values within the neighborhood because the loading berths and docks to be provided are of adequate dimension and number for the proposed development. S. The site plan which was submitted as Exhibit A-1, except as to those certain variances requested, including the instant one, and except as to the number of small car spaces which Vantage has represented that it will cure, will be, in all respects, in conformance with the ordinances of the Village of Oak Brook upon consummation of the contract purchase with Northern Illinois Gas Company. PROPOSED FINDINGS OF FACT: DRIVEWAY VARIANCE 1 . Vantage Properties, Inc., a Texas Corporation ("Vantage") , is the contract purchaser from Northern Illinois Gas Company of the strip of land lying between Lot 12 in Corporate Plaza Subdivision Unit Two and the Illinois East-West Tollway and also is the sole beneficiary of American National Bank and Trust Company of Chicago Trust No. 58303, which trust is the legal title holder of said Lot 12 (together, the "Property") . 2. Vantage will be the developer of the Property. 3. The subject property is currently zoned in the ORA-1 Zoning District under the provisions of the Village of Oak Brook Zoning Ordinance (the "Ordinance") . 4. Appendix II(4) to the Ordinance provides as follows: Spacing between separate driveway entrances on a lot (measured center to center at the lot line adjoining a street ) No less than 40% of the length of the lot line adjoining the street , or 400 feet , whichever is less. 5. Vantage has represented to the Village that , if the requested driveway variance is granted, it will provide for two driveway entrances to the Property, which entrances will be separated by approximately two hundred forty-five ( 245 rr-A feet , measured center line to center line of the dri . YE MAR 0 6 1984' VILLAGE OF OAK BROOK, IL: ADMIN15TRAT113N AJV 2 - 6. The evidence indicates as follows : a) That, due to certain physical characteristics which are unique to the Property, a particular hardship, as distinguished from a mere inconvenience, will result if the strict letter of Appendix II(4) to the Ordinance were applied in the instant case. In particular, Kensington Road, the only means of access to the Property, is dedi- cated for r dway purposes across the entire southern boundary 1 a of the Property but is presently improved along only, n approximate one-third of said boundary line. Moreover, K nsington Road is not now and will not be for the foresee ble future a thru street. As evidenced by the letter from the Illinois Department of Transportation which was submitted by Vantage, it is highly unlikely that Kensington Road will be improved beyond its current western extremity. (b) The aforementioned hardship has not been created by any person presently having an interest in the Property, but is a result of the fact that the only means of access to the Property is from a street that is not improved as dedicated and is not a thru street. C) The instant petition for a variance is not motivated b a desire to make more money out of the Property, b t is based upon a desire to facilitate ingress and egress to and from the Property and to improve and promote tra fic planning and safety. d) The proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets , or increase the danger of fire , or endanger the public safety, or substantially diminish or impair property values within the neighborhood. Further, if granted, the variance will promote and improve public safety. e) The spirit of the subject zoning provision will not be undermined and , indeed, will be furthered by the grantina of the instant variance because public safety will be pro noted. f) The granting of the variance will not alter the essenti 1 character of the area in which the Property is located. 3 - 7. The site plan which was submitted as Exhibit A-1, except as to those certain variances requested, including the instant one , and except as to the number of small car spaces which Vantage has represented that it will cure, will be, in all respects , in conformance with the ordinances of the Village of Oak Brook upon consummation of the contract purchase with Northern Illinois Gas Company. AFFIDAVIT 1 .r It I, Thomas I . Humes, first being duly sworn ofil 'a(tfi, hereby depose and state as follows: VILLAGE UP OAK U00K, IL. AD 1411`2l i�:;.i.F-zikT I 0 N 1. I am a partner in the architectural firm of Solomon, Cordwell, Buenz & Associates ("SCB") . SCB are the architects for an office building project (the "Development") being developed by Vantage Properties, Inc . , ( "Vantage") , on a parcel of real estate located at the intersection of Kensington Road, Route 83 and the Northern Illinois Tollway in Oak Brook, Illinois. I have authority to make this Affidavit in behalf of SCB and Vantage. 2 . I have personal knowledge of the subject matter and the facts contained herein and if sworn as a witness can competently testify thereto. 3. This Affidavit is being submitted in support of Vantage ' s petition for a zoning variation from that portion of Section XI (E) (7) of the Village of Oak Brook Zoning Ordinance (the "Ordinance") , which the Village interprets to allow a maximum of six (6) parking spaces in front of the Development' s .two buildings along Kensington Road and in support of Vantage' s appeal from such interpretation. 4 . On or about September 21, 1983 , SCB submitted a site plan for the Development to the Village of Oak Brook. (A true and accurate copy of this site plan (the "Site Plan") is attached hereto and made a part hereof as Exhibit A. ) The Site Plan, which was prepared by SCB, in part, pursuant to a fair and reasonable reading of Section XI (E) (7) of. the Ordinance, indicates Vantage ' s intent to locate a large number of parking spaces "in front of" (as currently interpreted by the Village) the Development' s two buildings along Kensington Road. The Site Plan also indicates that no parking spaces will be situated in the front yard of the subject property . EXHIBIT A -7 • The Site Plan was an early version of the plan which has been subsequently refined to the lan currently before P y e ore the Village of Oak Brook and its Zoning Board of Appeals . 5 . On September 21, December 14 and December 20 , 1983, I met with Village officials to discuss the Site Plan and various provisions of the Ordinance that impact upon it, including front, side and rear yard setbacks, prohibitions and permissions with respect to parking arrangements, landscaping and off-street loading regulations and FAR calculations. 6 . Village officials had several comments relative to the Site Plan and specified that certain changes be made thereto. None of the comments or requested changes, however, concerned the location of parking "in front of" the subject buildings. Indeed, at no time during these meetings or at any other time prior to February 2, 1984, did any Village . official ever indicate that there was a problem with the Site Plan insofar as it provided for a substantial number of parking spaces "in front of" the southernmost building of the Development along Kensington Road. Accordingly, SCB and Vantage, in reliance upon the Village' s review of the Site Plan, continued, at substantial cost and expense, to prepare detailed drawings and to conduct studies for the Development and, in general, to plan the Development. The current plan is a refinement of the Site Plan and, in reliance on the foregoing events, shares with the Site Plan the characteristic of having parking "in front of" the building. Until February 2, 1984 , I had no idea that the subject Ordinance provision prohibited all but six parking spaces located on the front access street side of a Development. 7 . By letter dated February 2 , 1984 , a copy of which is attached hereto and made part hereof as Exhibit B, Vantage was informed by the 'Village that the parking shown - 2 - on the Site Plan as being "in front of" the Development' s two buildings along Kensington Road was, according to the Village' s interpretation of Section XI (E) (?) of the Ordinance, nonconforming. 8 . Vantage has, to date, incurred substantial costs and expenses in planning the Development per the Site Plan. Moreover, a significant portion of these costs and expenses was incurred in reliance on and subsequent to the Village ' s reviews of the Site Plan, which reviews, as noted, did not, until February 2, 1984, result in any objection to the Site Plan' s parking layout. Vantage will incur significant additional costs and expenses if the Village requires Vantage to develop another site plan and reconfigure the Development so as to provide for a maximum of six (6) parking spaces "in front of" the buildings along Kensington Road. AND FURTHER AFFIANT SAYETH NOT. Thomas I . Humes SUBSCRIBED AND SWORN to before me this -G tL day of February, 1984 . My commission expires : •^ `� Notary Public �v O . ;ice G.•, .� `? 1 , •4 `2 nnn lr C UN T.4 CO UN VI LLAGE OF '�OAK BROOT` 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS GSA-2220 'February 2, 1984 Mr. Robert Sholitin Vantage Properties, Inc. 3040 Salt Creek Lane Arlington Heights, Illinois 60005 RE: The Crossings Dear Mr. Sholitin: The following is Village Staffs review concerning your proposed development at the West end of Kensington Road based on both the general Site Plan submitted with your Loading Berth Variation request and Sheet C-1, Grading Utility and Site Plan re- lating to this development: 1) Appendix II, paragraph 4, of the Zoning Ordinance states "Space in between separate driveway entrances on a lot (measured center to center at the lot line adjoining a street) no less than 40 percent of the length of the lot line adjoining a street or 400 feet, whichever is less". A street is defined by the Zoning Ordinance as "A permanent public or private right of way which affords a pri- mary means of access to abutting property". The lot line adjoining the Kensington right of way, which abuts the entire southerly border of your property, is approximately 790 feet in length. Therefore, two driveways exiting on such right of way may be no closer than 316 feet apart. The two drives presently shown on the plans are approximately 245 feet apart and, thereby, are nonconforming. 2) Section XI(E) (7) (ii) states in part "On any lot in ORA-1 or OP-k-2 Office Research Assembly District and 0-3 Office District, not more than 10 percent of the re- quired off-street parking spaces, not to exceed 6 spaces, may be located in front of the building. . .". I have enclosed a copy of your proposed Site Plan which has added to it a blue line. Parking to the South of that blue line is considered to be parking which is "in front of" the two buildings and, therefore, nonconforming. 3) Appendix I, footnote #2, states "Spaces for compact cars at the ratio of not to exceed one space in twenty may be provided adjacent to required tree areas. . .". The required parking for this development is 1,064 spaces based on a total floor area of 292,512 square feet. Of the 1,066 spaces, I was able to count on the Plan 64 or 6 percent are compact in size which exceeds the 5 percent permitted. EXHIBIT B February 2, 1984 Wage 2 f 44) Parking areas shown on the NI Gas property - Section XI(E) (2) states in part "Required accessory off-street parkin g spaces shall be located on the same lot as the principle use or structure except when the Plan Commission recommends and the Board of Trustees authorizes for a specific use the location of all or part of the required off-street parking spaces on a lot that does not contain the principle use or structure". Since the approximately 189 spaces located on the NI Gas property are required spaces, you have at least two options with respect to the current Plan: a) Based on Section XI(E) (2) as stated above, you could request permission from the Plan Commission and Village Board to locate a portion of your required off-street parking on the NI Gas property. You should note that such an arrangement also requires compliance with the regulations of Section XI(E) (10) which, essentially, requires you to obtain some type of long-term renewable lease indicating control of the NI Gas property for the required parking. b) The other option is to purchase the NI Gas property. Should you decide this course of action, a two-lot resubdivision would be necessary. One lot being the existing Vantage property combined with that portion of the NI Gas strip adjacent and the second lot being the remainisa NI Gas property. 5) Certain parking spaces located throughout the site are located such that drivers would be required to back out into main collector driveways as opposed to the normal aisle adjacent to such spaces. Although the Village has no particular standard relating to. such design, this layout may be more of a problem for the building managers in the future. Your current application for a Variation relating to Loading Berths is scheduled for the March 6, 1984 Zoning Board of Appeals meeting. Should you wish to apply for additional zoning relief to be heard at that same meeting relating to the above review comments, you must modify your application no later than Tuesday, February 7, 1984, in order that the requisite Legal Notice might be published in time. You should note that each Variation requested requires an additional $300.00 filing fee. Should you decide to file a Plat of Resubdivision, the filing deadline is February 15, 1984 which application would be heard by the Plan Commission at their meeting of March 19, 1984. Should you have any questions concerning any of the above, please feel free to call. Sincerely, G7 Bruce F. Xapff Assistant to Village "tanager Brx/jr Enc. cc: John H. Brechin, Village Manager Richard A. Martens, Village Attorney Dale L. Durfey, Jr. , Village Engineer James Clark, Building Commissioner Marianne Lakosil, Asst. Building Commissioner M GOOF OAIC • ,w� Apps O w G O 9CFCOUNt'4 1 VI LLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 March 2, 1984 MEMO TO: Zoning Board of Appeals FROM: Bruce F. Kapff, Assistant to Village Manager SUBJECT: Vantage - Loading Berth, Driveway & Parking Variations West End of Kensington APPLICATION IN GENERAL Vantage Properties, as owners of the subject parcel, have submitted- plans to construct two office buildings each containing approximately 157,500 square feet of gross floor area for a total floor area for the site of 315,000 square feet. The subject property is located on the North side of the West end of Kensington Road bounded by Route 83 to the West and the East/West Tollway to the North. The proposed development utilizes two existing parcels, these being Lot 12 of the Corporate Plaza Subdivision Unit #2 comprised of 14.9 acres and a portion of the NI Gas property located to the North comprising approximately 1.8 acres. The Plan Commission is scheduled to hear the proposed Crossings Subdivision which would join these two parcels together on March 19, 1984. The total site area following the Subdivision will be 16.8 acres. The development, as proposed, requires the NI Gas property in order to meet the FAR standard and required parking. A total of 1,070 parking spaces are shown. SPECIFIC ZONING RELIEF I have attached pages from the Zoning Ordinance noting the particular sections for which Variations have been requested: 1) Loading Berths, Section XI(D) (7) , requires a minimum of four loading berths for each of the proposed 157,500 square foot buildings. A Variation has been applied for to reduce the requirement to two loading berths per building. 2) Separation between driveway entrances - Appendix II, paragraph 4, when figured against this property would permit the separation between two driveway entrances no closer than 316 feet based on the lot line adjoining Kensington right of way r RE: Vantage- Loading Berth, Driveway & Parking Variations March 2, 1984 Page 2 being 790 feet in length. A Variation has been applied for to reduce the separation to approximately 245 feet for the two entrances shown. 3) Parking in front of the building - Section XI(E) (7) (ii) permits the location of no more than six spaces in front of the building. The Site Plan in your file has been marked with a blue line. Parking to the South of this blue line has been determined to be parking which is located in front of the southerly most building, therefore, a Variation has been applied for to permit approximately 353 parking spaces in front of the building. Respectfully submitted, Bruce F. Kapff Assistant to Village Manager BFK/jr Att. APPENDIX A—ZONING Sec,XI { (4) Surfacing: All open off-street loading berths, access drives, aisles, and maneuvering spaces . shall be improved with a heavy-duty pavement installed in accordance with Village standards and specifications. (5) Repair and Service: No storage of any kind nor motor vehicle repair work or service of any kind shall be permitted within any required loading berth. ' (6) Use: Space allocated to any off-street loading berth , shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof. (7) Required Berths: The minimum number of off-street loading berths accessory to structures and uses hereafter erected, structurally altered, or enlarged in all Business and Office-Research-Assembly districts shall be in accordance with the following schedule: Gross Floor Area of Establishments Required L p,Q /wGs �/E 1zT NS (square feet) Number . -5,000 to 25,000 1 25,001 to 40,000 2 40,001 to 100,000 g For each additional 100,000 square feet of gross floor area, or fraction thereof, over 100,000 square feet of 1 gross floor area: One additional loading berth. d. No. G-145, 6-27-72; Ord. No. G-203, § 9, 12-14-76) (E) Off-Street Parldng. 1 Existing- Parkin ,i ( ) g� g Facilities: Accessory off-street - parking facilities in existence on the effective date of this ordinance and located on the same lot as the i 1structure or use served shall not hereafter be reduced ; ! below the requirements for a similar new structure or I i use under the provisions of this ordinance. (2) Location: After the effective date of this ordinance ~ required accessory off-street parking spaces shall be located on the same lot as the principal use or PR Na 1 841 a r r . •sualitrjytiu.a1r ia'i 4a r�rte- :sMSyY: w`Y3ev.ismiTa+,-+iG :.wy �G`q. l.W.�. a OAK BROOK CODE (4) Spacing between separate driveway entrances on a lot (measured center to center at the lot line ,J'aFP"4K-47`) adjoining a street) No less than 40% of the length of the lot line adjoining the W W4?r street, or 400 feet, whichever is less. i yTRfF GES (5) On corner lots—spacing between driveway en- trance and right-of-way line of an adjacent intersecting street (measured from the nearest edge of the driveway pavement at its intersection with the street pavement to the nearest right-of-way line, extended, of an adjacent intersecting street) Not less than 20% of the length of the lot line adjoining the street being entered. (Ord. No. G-141, 1-25-72) i .. i { 4 _ q - t • i 998 Y R APPENDIX A—ZONING XIta. . (6) Computation; When determination of the nurnd.%er of Off-street parking spaces required by this ordinance results in a requirement of a fractional space, any fraction of one-half or less may be disregarded while a N$`' fraction in excess of one-half shall be counted as one ,r parking space. R (7) In Yards: Off-street parking spaces, open to the sky, }" may be located in required interior side yards and rear yards, no less than 10 feet from the nearest lot line, except a arkina area containing 4 or more parking maces shall.be not less than 40 feet frcm an adjoining S" residence district boundary, provided, however, that: l ' (i) On any lot in a B1 Local Shopping Center District and a B3 General Business District the required Off-street parking spaces may be located in a front yard or side yard adjoining a street not less than 10 -- feet from a street line;Aii) On any lot in ORA1 or ORA2 Office-Research-Assembly District and an 03 �,�- Office District, not more than 10% of the required ' �jZI�INGs -T4" Off-street parking spaces, not to exceed 6 spaces, may be located in front of the building or along the side of eF TO the building adjoining the street, not less than 25 feet t „± from a street line or 50 feet from the street lines o Cermak and York Road; and (iii) On any lot in an i ORA3 Office-Research-Assembly District, the location 1 of off-street parking spaces shall be controlled by � Section X (D)(8) of this ordinance and not the i s provisions of this paragraph (E)(7). (Ord. No. G-141, 1-25-72; Ord. No. G-233, & 5, 5-31-78) e; (8) Collective Provision: Off-street ' parkin g facilities for � i" separate uses may be provided collectively if the total i • number of spaces so provided is not less than the sum of the separate requirements for each such use and provided that all re gulations governing location of accessory parking spaces, in relation to the use served, are adhered to. (9) Design and Maintenance: (a) Open and enclosed spaces: Accessory parking spaces located on the same lot as occupied Supp.Na 5 943 .a i SEYFARTH, SHAW, FAIRWEATHER & GERALDSON 55 EAST MONROE STREET CHICAGO, ILLINOIS 60603 LOS ANGELES OFFICE AREA CODE 312 346.6000 WASHINGTON,D.C.OFFICE 2029 CENTURY PARK EAST CABLE ADDRESS: INTERLEX 1111 19-STREET, N.W. LOS ANGELES, CALIF. 90067 WASHINGTON, D.C. 20036 AREA CODE 213 277-7200 AREA CODE 202 463.2400 NEW YORK OFFICE y, p 520 MADISON AVENUE February 28 , 1984 NEW YORK, NEW YORK 10022 WRITER'S DIRECT DIAL AREA CODE 212 715.9000 (312) Mr. Bruce Kapff BY MESSENGER Village of Oak Brook 1200 Oak Brook Road Oak. Brook, IL 60521 Re: Vantage Properties, Inc. Dear Bruce: Enclosed for distribution to appropriate Village officials are ten sets of the graphic materials that will be presented by Vantage at the March 6 Zoning Board of Appeals hearing. Materials previously submitted and certain items not yet prepared are not included. A listing of all exhibits and their status is also enclosed. Very truly yours, SEYFARTH, SHAW, FAIRWEATHER & GERALDSON By C) � Jeffrey Jahns JJ/kk Enclosures 0 FEB 2 8 1984 VILLAGE OF OAK BROOK, IL. ADMINISTRATION • NOUN ea APW I a, Wq-mc8 ( o C",^fir''.+"� y, / ' d {�,.i(✓, ----- v� o a/ x j �✓^ � ���� �.t' �� �Qf'' u i fir,.. 2 9 ,� '�►q 'Tikes /, 1` �✓/ � .'tom, � � �p' r I - T L ��� �•�i.n �' �.,' k,#w�.- .4,r �I.r. ry mYr '� L l 3 r SITE PLAN °°•"""�Q .,.�f -- SCHEMATIC THE CEZOOR MO QT' QQa OR S our BROOM lwlwofs qouwog CORDwLsu, -n �� _ , li l ITL I I I I 1 1 1 Ft I I III I I I I I I I I I.1 EXTERIOR ELEVATION scf unc ILL r _ �!K YY ■011 1�1 �a�l I�IIK Mfl1 SCNM17C L! Ex THE CROW N3Z AT OAK BROOK Maw commums OAK BROOK, 1U NGIS SOLOMOAC COMWELL,MMNZ&ASSOGMES I 0�01m*i-fi 11 ---- I 11 [ fill III -IL if Till TYPICAL FLOOR PLAN SCHEMATIC .r - -- Cx. -- i y = • _ -f -_---_-� �L- 1 l FIRST FLOOR PLAN Scraunc THE MOMEW AT OAK BROOK vuff"compuam RECREATION EASEMENT AND 900 FT SIDE YARD SETBACK .too FT \ FRONT YARD \ �� SETBACK AREA OF BAD SOIL. I alp l } j � AREA OF BAD SOi � r C g Z .4 1 ! I THE CROSSINGS 30 FT SIDE YARD SETBACK AT OAK BROOK i Solomon Cardwell Bu A AwodMN.c Ex . SITE PLAN A BUILDING A PARKING BUILDING B PARKING RECREATION EASEMENT ®-100-FT SIDE YARD SETBA K V I90® F ~ �b �` ,9 11__ �1 FRONT �ARD r' j SETBA K _ AREA OF B AZJ V � e EA F\ \3 IL n I s 4 , THE I i I ARD YBACK I AROSS/NGS ID Y I i ( III II . I I S ',,• i ,I i -__ .. _ —�_. —_ �_—��_. � OAK BROOK SWprgn"COrOwu. Erne�MWCrMt s I I e rw,er w,rr..r, Ex. \4-'A -SITE PLAN 8 W bo- '4 z� B G A PARKING a � � l RUILA a PAY �y ,a 1 I zt ay f � � aq �j�'•�" '�^ �llert�l ` i'K�-loss„SJ aT OwL BkuK Ex . A-(o 107-Z sus Z7ota„01.,Cl-"I,d�._s o 100, \N, 4 1 • 3 Story Office. Building M5450,000 SF/Fir. i 3 Story Office Building • 50,000 SF/F1r bo o i t CROSSINGS — AT OAK BROOK _� i I Sdanon,CordwNl, I Busne d Asgt�eu�s 1070 Spaces Required _ -- I1640 Spaces Actual fix. -b ! SITE PLAN A ( 100' \� N 3 Story 3 Story Office Building Office Building zz 1 • 50,000 SF/Fir 50,000 SF/Fir \ t2 24 i q9 e I I lol I� 1-4 • t I I � i O it THE CROSSINGS AT I .. �.—____--,_— I OAK BROOK i I — CadwNl, I 8us�t L A=.te►.. 11070 S paces Required Lx v_r) 1456 Spaces Actual SITE PLAN Al I �' `'�""`"°" LIST OF EXHIBITS Vantage Properties, Inc. EXHIBIT NO. DESCRIPTION LOCATION A-1 Site Plan Attached A-2 Proposed Building (s) -elevation Attached A-3 Proposed Building (s) -typical floor Attached A-4 Proposed Building (s) -ground floor Attached A-5 Modified Site Plan "1" Previously submitted A-6 Modified Site Plan 112" Attached A-7 Affidavit of Architect At hearing A-8 Aerial photographs showing (Group Ex. ) application of subject Ordinance At hearing A-9 Street photographs showing (Group Ex. ) application of subject Ordinance At hearing V-1 Contract with NI Gas Previously submitted V-2 Aerial photograph showing site At hearing . and adjacent areas V-3 Map showing non-buildable areas of site Attached V-4 Map showing non-buildable areas of Attached site, with building location super- imposed V-5 STS, Inc. soils report At hearing V-6 Typical rectangle building location Attached V-7 Typical piggyback building location Attached V-8 Section and plan to show screening Attached V-9 Similar variances previously granted At hearing (Group Ex. ) V-10 RESERVED V-11 RESERVED V-12 Letter re status of Route 83 At hearing V-13 Precedents re driveway separation At hearing (Group Ex. ) V-14 Plan showing two (2) loading berths Previously per building submitted V-15 Plan showing four (4) loading berths Previously per buildi Prr-A lka I V submitted T1 FtB 2 Q I � VILLAGE OF OAK BROOK, IL. AD M I N I:;'TRATI O Iii M \ M �MIW riM•1 I " 4 - AREA SCREENEO AT EYE LEVEL P FROM KENSINGTON ROAD\\ / • \ '\ ..« ffCT\OR f�MR OM \ r Of f\ EYE LEYEI FROM KENSINOTON ROAO --- \ �... \� AR[A SCIILENED AT LYE LEVEL f\\fix\ FROM KENSINGTON ROAD - C}- -t7-- EYE LEVEL FROM MOUNDED LAMDSCAK[UPPER EYE LEVEL RENSINOTON ROAD rx s r.:.n.•rncx wxr�..r lN1L OF NSNT OVER `ROY BUILDING a�r..a� rrrtnv rexurxw w MAXIMUM AUTO N[NMIT --•�T YARD SCRE[N1NG -----'-- -- L .anr M.M FROM R[IIi1MGTOM KENSINGTON ROAD RLO DETENTION AREA •iaa DR" ►ANRNN AREA PARKING AMA DRIVE BUILDING S HORIZONTAL SCALE: 11N.-10 FT. VERTICAL SCALE: 1 IN--10 FT. SIGHT LINE FROM KENSINGTON ROAD SECTION A-A EX. V-8 THE EYLLSAMO/OLSON GROIN,INC. t�rinutes 5 February 14, GOOF 04k G O FCOUNt�' VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 February 16, 1984 Dear Resident., The 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 Vantage Properties ' Name of applicant 3040 Salt Creek Lane Arlington Heights, Illinois 60005 Address Relationship of applicant to property Owner N/A Name of Subdivision (if applicable) The property in question is situated at: 1420 and 1520 Kensington Road 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:. 1) A Variation to reduce from 4 to 2 the number of Loading Berths for each 150,000 square feet of Floor Area, 2) A Variation to reduce the required separation. between driveway entrances on a lot from 316 feet to 245 feet, 3) A Variation to permit an increase from 6 to 353 parking spaces in front of the building. 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, 74 4ohn H. Brechin Village Manager JHB/ms .VILLAGE OF OAK BROOK Minutes - 5 - February 14, 1984 k r SEYFARTH, SHAW, FAIRWEATHER & GERALDSON 55 EAST MONROE STREET CHICAGO, ILLINOIS 60603 LOS ANGELES OFFICE AREA CODE 312 346-8000 WASHINGTON,D.C.OFFICE 2029 CENTURY PARK EAST 1111 19T.STREET, N.W. ADDRESS'. �NTERLEX LOS ANGELES,CALIF. 90067 p WASHINGTON, D.C. 20036 A ARE CODE 213 277.7200 February 7, 1984 4 AREA CODE 202 463.2400 NEW YORK OFFICE 520 MADISON AVENUE NEW YORK, NEW YORK 10022 _ WRITER'S DIRECT DIAL AREA CODE 212 715-9000 (,ly 269-8874 BY MESSENGER nn j Village of Oak Brook FEB 0 7 1964 1200 Oak Brook Road Oak Brook, Illinois VILLAGE OF OAK BROOK, IL. ATTENTION: Mr. Bruce F. Kapff ADMINISTRATION Re: Vantage Properties, Inc. : Amendment of Zoning Variance- Application Filed January 16,1984 Dear Mr. Kapf f : Please be advised that on behalf of our client, Vantage Properties, Inc. ( "Vantage" ) , we hereby amend and supplement, as set forth below in this letter, the zoning variance application filed by Vantage on January 16, 1984 . In addition to the relief requested in the January 16, 1984 application, Vantage hereby requests the following addi- tional relief : First, with respect to the Village of Oak Brook Zoning Ordinance Section XI (E) ( 7 ) (ii ) , Vantage desires a variation from the requirement that a maximum of six (6 ) parking spaces may be located in front of a .building so as to allow parking in the locations designated on the site plan which Vantage submitted as part of the aforesaid January 16, 1984 zoning variance application. The subject site plan parking loca- tions contain approximately 421 parking spaces ( 397 regular size and 24 compact size) . This request for a zoning variation is not, however, intended as, nor shall it be construed as, an admission by Vantage that the Village of Oak Brook Zoning Ordinance limits parking in front of a building to a maximum of six (6 ) spaces. Furthermore, Vantage hereby expressly reserves its right to contest any interpretation that' said Ordinance precludes it from locating more than six (6 ) off-street parking spaces in front of the subject buildings. SEYFARTH, SHAW. FAIRWEATHER $ GERALDSON February 7, 1984 Village of Oak Brook Attn: Mr. Bruce F. Kapff Page Two Second, as concerns Appendix II, Section ( 4 ) of the Village of Oak Brook Zoning Ordinance, Vantage desires a variation reducing the spacing required between separate driveway entrances on a lot from the required 40% of the length of the lot adjoining the street or 400 feet, which- ever is less, to the distance shown on the site plan submit- ted with .Vantage ' s January 16 , 1984 zoning variance application (approximately 245 feet) . I have enclosed a check in the amount of Six Hundred Dollars ( $600 . 00 ) to cover the fees for the foregoing addi- tional zoning variation requests . Please sign the enclosed copy of this letter to acknowledge your receipt of the same and of the enclosed check: Thank you for your consideration of this matter. Very truly yours, SEYFARTH, SHAW, FAIRWEATHER & GERALDSON Jeffrey Ja s JJ/dcs Enclosure cc: Mr. Robert Sholiton i R t _pG eq W.� ! p G O 9 � CDUN-14, VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 6.54-2220 February 2, 1984 OFMCIAL ME t /0,'�J, �QA Mr. Robert Sholitin FE� ( 2 CCU 1984 ,/Vantage Properties, Inc. Lane VILLAGE 3040 Salt Creek L OF OAK BROOK, OOK, 1L. Arlington Heights, Illinois 60005 ADMINISTRA-I-ION RE: The Crossings Dear Mr. Sholitin: The following is Village Staff's review concerning your proposed development at the West end of Kensington Road based on both the general Site Plan submitted with your Loading Berth Variation request and Sheet C-1, Grading Utility and Site Plan re- lating to this development: 1) Appendix II, paragraph 4, of the Zoning Ordinance states "Space in between separate driveway entrances on a lot (measured center to center at the lot line adjoining a street) no less than 40 percent of the length of the lot line adjoining a street or 400 feet, whichever is less". A street is defined by the Zoning Ordinance as "A permanent public or private right of way. which affords a pri- mary means of access to abutting property". The lot line adjoining the Kensington right of way, which abuts the entire southerly border of your property, is approximately 790 feet in length. Therefore, two driveways exiting on such right of way may be no closer than 316 feet apart. The two drives presently. shown on the plans are approximately 245 feet apart and, thereby, are nonconforming. 2) Section XI(E) (7)(ii) states in part "On any lot in OR A-1 or ORA-2 Office Research Assembly District and 0-3 Office District, not more than 10 percent of the re- quired off-street parking spaces, not to exceed 6 spaces, may be located in front of the building. . .". I have enclosed a copy of your proposed Site Plan which has added to it a blue line. Parking to the South of that blue line is considered to be parking which is "in front of" the two buildings and, therefore, nonconforming. 3) Appendix I, footnote #2, states "Spaces for compact cars at the ratio of not to exceed one space in twenty may be provided adjacent to required tree Areas.. .". The required parking for this development is 1,064 spaces based on a total floor area of 292,512 square feet. Of the 1,066 spaces, I was able to count on the Plan 64 or 6 percent are compact in size which exceeds the 5 percent permitted. Mr. Robert Sholitin February 2, 1984 I Page 2 4) Parking areas shown on the NI Gas property - Section XI(E)(2) states in part "Required accessory off-street parking spaces shall be located on the same lot as the principle use or structure except when the Plan Commission recommends and the Board of Trustees authorizes for a specific use the location of all or part of the required off-street parking spaces on a lot that does not contain the principle use or structure". Since the approximately 189 spaces located on the NI Gas property are required spaces, you have at least two options with respect to the current Plan: a) Based on Section XI(E) (2) as stated above, you could request permission from the Plan Commission and Village Board to locate a portion of your required off-street parking on the NI Gas property. You should note that such an arrangement also requires compliance with the regulations of Section XI(E)(10) which, essentially, requires you to obtain some type of long-term renewable lease indicating control of the NI Gas property for the required parking. b) The other option is to purchase the.NI Gas property. Should you decide this course of action, a two-lot resubdivision would be necessary. One lot being the existing Vantage property combined with that portion. of the NI Gas strip adjacentland the second lot being the remaining NI Gas .ro ert P P Y 5) Certain parking spaces located throughout the site are located such that drivers would be required to back q out into main collector driveways as opposed to the normal aisle adjacent to such spaces. Although the Village has no particular standard relating to such design, this layout may be more of a problem for the building managers in the future. Your current application for a Variation relating to Loading Berths is scheduled for the March 6, 1984 Zoning Board of Appeals meeting. Should you wish to apply for additional zoning relief to be heard at that same meeting relating to the above review comments, you must modify your application no later than Tuesday, February 7, 1984, in order that the requisite Legal Notice might be published in time. You should note that each Variation requested requires an additional $300.00 filing fee. Should you decide to file a Plat of Resubdivision, the filing deadline is February 15, 1984 which application would be heard by .the Plan Commission at their meeting of March 19, 1.984. Should you have any questions concerning any of the above, please feel .free to call. Sincerely, a Bruce F. Kapff Assistant to Village Manager BFK/j r Enc. cc: John H. Brechin, Village Manager Richard A. Martens, Village Attorney Dale L. Durfey, Jr., Vi lage Engineer James Clark, Building Wimissioner Marianne Lakosil, Asst. Building Commissioner I I I l 0 BANK TRANSIT II S CHECKS $ CASH RF.CEIPr DATE NO. ✓ , _— _1 NUMBER NAME DESCRIPTION RECEIVEI BY: 9p VILLAGE OF OAK BROOK fi. : j( INVALID l` WITHOUT SIGNATURE 1200 OAK BROOK ROAD �9G, .= OAK BROOK, ILLINOIS ��� - 43119 PHONE: (312) 654-2220 RETAIN THIS RECEIPT FOR YOUR RECORDS SAFEGUARD BUSINESS SYSTEMS J FORM CR-OTC SEYFARTH, SHAW, FAIRWEATHER & G ERALDSON 55 EAST MONROE STREET CHICAGO,ILLINOIS 60603 n f LAV;YEFS CHECK NO. 0.1.7 6�0 y+F7ri� .r++. e�rcnyN ..�.:..,, .,fe-"fi•.ae+:.�!: ..x'i�' 'i-±^'.,."a. ." ^?t sY:.'.'�iyS ?•� +,. �- ...p. ...,y-v„-,r.�-wtY' ':'fY`a`:+, �sww .;i^ u _ �r•rn ?"W ST 11 4 MY T lf% t•3 t, {olf�s., . t ' SEYFARTH, SHAW, FFAIRWEATHER & GERALDSON 0176 0 8_ 2/7/84 55 EAST MONROE STREET YCHICAGO, ILLINOIS 60603 CHECK NO. Q l ( V I.� 2.1 71 The Flr;t Natiunal Banff cf Chicago Gen_ral Acc,,.n' $600 . 00 SEYFARTH, _ SEYFARTH,SHA\V,FAIRWEATHER Pa GERALDSON PAY TO THE Village Of Oak Brook ORDER OF y I,E e � ':• �r . ...� �rej J! under$5,000 one signature II 30 b 7608113 1:0 7.>A0000 b 31: 59 30 L I IIi' OF OAk 9 A G H 4 V 9cF�ouNZ�•�� VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 February 2, 1984 Mr. Robert Sholitin Vantage Properties, Inc. 3040 Salt Creek Lane Arlington Heights, Illinois 60005 RE: The Crossings Dear Mr. Sholitin: The following is Village Staff's review concerning your proposed development at the West end of Kensington Road based on both the general Site Plan submitted with your Loading Berth Variation request and Sheet C-1, Grading Utility and Site Plan re- lating to this development: 1) Appendix II, paragraph 4, of the Zoning Ordinance states "Space in between separate driveway entrances on a lot (measured center to center at the lot line adjoining a street) no less than 40 percent of the length of the lot line adjoining a street or 400 feet, whichever is less". A street is defined by the Zoning Ordinance as "A permanent public or private right of way which affords a pri- mary means of access to abutting property". The lot line adjoining the Kensington right of way, which abuts the entire southerly border of your property, is approximately 790 feet in length. Therefore, two driveways exiting on such right of way may be no closer than 316 feet apart. The two drives presently shown on the plans are approximately 245 feet apart and, thereby, are nonconforming. 2) Section XI(E) (7) (ii) states in part "On any lot in ORA-1 or ORA-2 Office Research Assembly District and 0-3 Office District, not more than 10 percent of the re- quired off-street parking spaces, not to exceed 6 spaces, may be located in front of the building. . .". I have enclosed a copy of your proposed Site Plan which has added to it a blue line. Parking to the South of that blue line is considered to be parking which is "in front of" the two buildings and, therefore, nonconforming. 3) Appendix I, footnote #2, states "Spaces for compact cars at the ratio of not to exceed one space in twenty may be provided adjacent to required tree areas. . .". The required parking for this development is 1,064 spaces based on a total floor area of 292,512 square feet. Of the 1,066 spaces, I was able to count on the Plan 64 or 6 percent are compact in size which exceeds the 5 percent permitted. 1 Mr. Robert Sholitin February 2, 1984 Page 2 4) Parking areas shown on the NI Gas. property - Section XI(E)(2) states in part "Required accessory off-street parking spaces shall be located on the same lot as the principle use or structure except when the Plan Commission recommends and the Board of Trustees authorizes for a specific use the location of all or part of the required off-street parking spaces on a lot that does not contain the principle use or structure". Since the approximately 189 spaces located on the NI Gas property are required spaces, you have at least two options with respect to the current Plan: a) Based on Section XI(E) (2) as stated above, you could request permission from the Plan Commission and Village Board to locate a portion of your required off-street parking on the NI Gas property. You should note that such an arrangement also requires compliance with the regulations of Section XI(E)(10) which, essentially, requires you to obtain some type of long-term renewable lease indicating control of the NI Gas property for the required parking. b) The other option is to purchase the NI Gas property. Should you decide this course of action, a two-lot resubdivision would be necessary. One lot being the existing Vantage property combined with that portion. of the NI Gas strip adjacentgand the second -lot being the remaining NI Gas property. 5) Certain parking spaces located throughout the site are located such that drivers would be required to back out into main collector driveways as opposed to the normal aisle adjacent to such spaces. Although the Village has no particular standard relating to. such design, this layout may be more of a problem for the building managers in the future. Your current application for a Variation relating to Loading Berths is scheduled for the March 6, 1984 Zoning Board of Appeals meeting. Should you wish to apply for additional zoning relief to be heard at that same meeting relating to the above review comments, you must modify your application no later than Tuesday, February 7, 1984, in order that the requisite Legal Notice might be published in time. You should note that each Variation requested requires an additional $300.00 filing fee. Should you decide to file a Plat of Resubdivision, the filing deadline is February 15, 1984 which application would be heard by the Plan Commission at their meeting of March 19, 1984. Should you have any questions concerning any of the above, please feel free to call. Sincerely, Bruce F. Kapff Assistant to Village Manager BFK/j r Enc. cc: John H. Brechin, Village Manager Richard A. Martens, Village Attorney Dale L. Durfey, Jr. , Village Engineer James Clark, Building Commissioner 1,Wrianne Lakosil, Asst. Building Commissioner l • SEYFARTH, SHAW, FAIRWEATHER & GERALDSON 55 EAST MONROE STREET CHICAGO.ILLINOIS 60603 LAWYERS CHECK NO. 61475 I !ag lbw IYifiii�i�L •� i�fliii •�tftii�� y�iG t • t����- • $300. 00 • •. o Bill 7 � . _ SEYFARTH, SHAW, FAIRWEATHER & GERALDSON 61475 1/16/84 LAWYERS CHECK NO. 61475 55 EAST MONROE STREET CHICAGO, ILLINOIS 60603 2—' 710 The First National Bank of Chicago General Account $300 . 00 SEYFARTH,SHAW,FAIRWEATHER&GERALDSON PAY Village of Oak Brook'` ; TO THE Attn: °Maryann Lakosi' ORDER OF under 000 one signature "nor. 14 7 51I' 1:0 7 10000 I131: 59 30 11 1 111' • - _... . . _ BANK RECEIPT RECEIVED TRANSIT $ CHECKS 5 CASH NUMBER DATE NAME DESCRIPTION BY: NO. `° "K VILLAGE OF OAK BROOK INVALID WITHOUT � SIGNATURE v/'.'y • 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 4285$ FcouH PHONE: 1312) 654.2220 RETAIN THIS RECEIPT ]_ FOR YOUR RECORDS KGLK SAFEGUARD BUSINESS SYSTEMS FORM CR•OTC i SEYFARTH, SHAW, FAIRWEATHER & GERALOSON 55 EAST MONROE STREET CHICAGO, ILLINOIS 60603 LOS ANGELES OFFICE AREA CODE 312 346.8000 WASHINGTON,O.C.OFFICE 2029 CENTURY PARK EAST CABLE ADDRESS. 'NTERLEX 11„19T-STREET.N.W. LOS ANGELES,CALIF. 90067 p WASHINGTON, D.C. 20036 A - ARE CODE 213 277-7200 February 7, 19 8 4 AREA CODE 202 463.2400 NEW YORK OFFICE 520 MADISON AVENUE NEW YORK, NEW YORK 10022 WRITER'S DIRECT DIAL AREA CODE 212 715-9000 C3,2) 269-8874 BY .MESSENGER nn Village of Oak Brook FEB O 7 1984 1200 Oak Brook Road Oak Brook, Illinois VILLAGE OF OAK BROOK,.IL. ATTENTION: Mr. Bruce F. Kapf f AD M I N I STRATI O N Re: Vantage Properties, Inc. : Amendment of Zoning Variance Application Filed January 16,. 1984 Dear Mr. Kapf f : Please be advised that on behalf of our client, Vantage Properties, Inc. ( "Vantage" ) , we hereby amend and supplement, as set forth below in this letter, the zoning variance application filed by Vantage on January 16, 1984. In addition to the relief requested in the January 16, 1984 application, Vantage hereby requests the following addi- tional relief : First, with respect to the Village of Oak Brook Zoning Ordinance Section XI (E) (7 ) (ii ) , Vantage desires a variation from the requirement that a maximum of six (6 ) parking spaces may be located in front of a building so as to allow parking in the locations designated on the site plan which Vantage submitted as part of the aforesaid January 16, 1984 zoning variance application. The subject site plan parking loca- tions contain approximately 421 parking spaces ( 397 regular size and 24 compact size) . This request for a zoning variation is not, however, intended as, nor shall it -be construed as, an' admission by Vantage that the Village of Oak Brook Zoning Ordinance limits parking in front of a building to a maximum of six (6 ) spaces . Furthermore, Vantage hereby expressly reserves its right to contest any interpretation that said Ordinance precludes it from locating more than six (6 ) off-street parking spaces in front of the subject buildings. 1 $600 . 00 SEYFAUH,Sti=.FAIRWEATHER Pa GERALDSON .AY TO THE village Of Oak Brook r� .ORDER OF Xi under$5,000 one signature 1100 1. 76081I' 1.0 7 L0000 L31: 59 30 1 b Lit• ,r V1 L LA( OF ZONIN INANCE FLOOD PLAIN = - � OAK B KOO K . . 1200 OAK BROOK ROAD � APPEAL � VARIATION -..-•�>_i OAK BROOK, ILLINOIS 60521 $100 $300 654-2220 VARIATION f—f SPECIAL USE 1 X_l $300 l $675 APPLICATION FOR PUBLIC DARING AMENDMENT TO BE FILED WITH VILLAGE CLERK $650 SPECIAL USE $400 .(Section 2-225, 8/11/81) 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 UNLY Date Filed: \X64 Board of Trustees Referral _ • Notice Published: � .l6. �9�1� Newspaper: Pai 7? 95 Date Adjacent Property Owners Notified: E- /f, /98Y Staff Referral: -Jaw .3e Public Hearing Dates: Plan Commission •ti i4 Zoning Board of Appeals//urGA 6 I Board of Trustees Ay-e-X /3,199Y Board of Trustees rc 27 198 (Approval of Ordinance FEE PAID: $ .3 O. °a Receipt No. : Received By:_ —r Village Cler ------------------------------------------------------------------------------------------------ NOTE There are no buildings APPLICANT TO COMPLETE on adjacent property 1 ing within 100 feet of the subject property. LOCATION OF SUBJECT PROPERTY: _ PERMANENT PARCEL NUMBER 06-26-101-006 Corporate Plaza LOT NO. 12 SUBDIVISION Subdivision UnitADDRESS Kensington Road Two . ZONING ORA-1 ZONING ORDINANCE SECTION XI ' (D) (7 ) ACTION REQUESTED Applicant desires a variation reducing from the required four- (4 ) loading berths per 150 , 000 square feet of "Gross Floor Area of Establishments" two ( 2 ) loading berths ( I berth and 1 dock) per 150 ,000 square of "Gross Floor Area of Establishme PROPERTY INTEREST OF APPLICANT: OWNER tX t CONTRACT PURCHASER S AGENT }. American National Bank & Trust Company (Land OWNER(S) OF RECORD of Chicago, as Trustee . Under Trust PHONE NUMBER 661 -6045 Trtict Agreement dated July 25, 1983 and known as Trust No. 58303 Dept. ) ADDRESS' 33 N. LaSalle Street, Chicago, IL ZIP 60602 BENEFICIARY(IES) OF TRUST: Vantage Properties, Inc. PHONE NUMBER 577-3950 3040 Salt Creek Lane ADDRESS Arlington Heights, IL ZIP 60005 NAME OF APPLICANT Vantacre Properties, PHONE NUMBER 577-3950 RT SHOLITON ADDRESS 3040 Salt Creek Lane ZILP 60005 Arlington Heights, IL. I (we) certify that all of the above statements and the statements contained in any papers or plans submi ted herewith are true to the best of my (our) knowledge and belief. VANTAGE PROVERTI S, NC. 1 Zslgnature) Appli ant D to (signature) Applicant Date NOTICE TO APPLICANTS Filing Schedule VARIATION: DUST BE RECEIVED APPROXD ATELY SIX (6) WEEKS PRIOR TO THE PUBLIC BEARING HELD ON THE FIRST TUESDAY OF EACH InNTH. AMENDMENT OR SPECIAL USE: MUST BE RECEIVED PRIOR TO THE 15TH OF THE MONTH FOR PLAN ODNiMISSION HEARING ON THE THIRD MONDAY 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 allcna 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 SEE EXHIBIT A ATTACHED s HERETO AND MADE A PART HEREOF i _ _.... ..-.__... .............. .sue ........»: r.r::».:... .. ... ..:: .. ffi CHICAGO TITLE INSURANCE COMPANY A „ 120 EAST LIBERTY DRIVE, P.O. BOX 827, WHEATON, ILLINOIS 60187 (312) 668-5000 4 January 5, 1984 PUP OFF COUNTY S=ARTH, SHAW, FAIL AND GERAIM014 ATM: FRED KAPLAN 55 EAST MONROE STREET CHICAGO, ILLINOIS 60603 /RE: UPDATE 298664 Dear Mr. Kaplan: i Below please find the names and addresses of the tax assessees within 250 feet of the property you submitted: 1) 06-22-415-018 City of Oak Brook Terrace 17 W 275 Butterfield Road Oak Brook Terrace, Illinois 60181 21 06-22-415-023 Lincoln Oak Brook Terrace, Ltd. 33 West Monroe Street Roan 2620 Chicago, Illinois 60603 3) 06-27-200-001 Eastman Kodak Cmnpany ' 1901 West 22nd Street Oak Brook, Illinois 60521 4) 06-27-200-002 State of Illinois 5) 06-27-200-003 all assessed to: (No address given) 6) 06-27-200-004 7) 06-27-201-001 Northern Illinois Gas Ccmpany Tax Administration P. O. Box 190 Aurora, Illinois 60507 8) 06-27-201-007 Oak Brook Park District 1300 Forest Gate Road Oak Brook, Illinois 60521 - CONTINUED - EXHIBIT A 298664- Page Two V9) 06-27-206-021 Henry J. Capocci 50 Kingston Drive Oak Brook, Illinois 60521 10) 06-27-206-022 John Hill Gardner 52 Kingston Drive Oak Brook, Illinois 60521 11) 06-27-206-017 First National Bank Tr# L-112 50 South Lincoln Street Hinsdale, Illinois 60521 12) 06-27-206-023 Thos L. Fahey 47 Hamilton Lane Oak Brook, Illinois 60521 13) 06-27-207-010 John and Ida Perri 7224 West 38th Place Lyons, Illinois 60534 14) 06-27-207-011 Sam Liprima 48 Hamilton Lane Oak Brook, Illinois 60521. 15) 06-27-207-013 Briarwood Lakes 1 Briarwood Central Oak Brook, Illinois 60521 16) 06-27-202-064 Richard a Redmond 183 Briarwood Loop Oak Brook, Illinois 60521 17) 06-27-202-063 . Richard T. Hair 184 Briarwood Loop Oak Brook, Illinois 60521 18) 06-27-202-062 Eugene and .Dolores Stearns 185 Briarwood Loop Oak Brook, Illinois 60521 19) 06.-27-202-061 Gus N. Tsourmas 186 Briarwood Loop Oak Brook, Illinois 60521 -CONTINUED- 298664- Page Three 20) 06-27-202-060 Briarwood Lakes 1 Briarwood Central Oak Brook, Illinois 60521 23.) 06-27-203-032 Frank Jakubowski 191 Briarwood Loop Oak Brook, Illinois 60521 22) 06-27-203-033 Tracy W & Virginia B Novinger 190 Briarwood Loop Oak Brook, Illinois 60521 23) 06-27-203-034 Evelyn Fox 189 Briarwood Loop Oak Brook, Illinois 60521 24) 06-27-203-035 W. O'Brien 188 Briarwood Loop Oak Brook, Illinois 60521 25) 06-27-203-036 B.L. Scott 187 Briarwood Central Oak Brook, Illinois 60521 26) 06-27-203,- 029 Briarwood Lakes 27) OE-27-202-118 all assessed to: 1 Briarwood Central 28) 06-27-203-056 Oak Brook, Illinois 60521 29) 06-26-102-005 Est of Paul Butler 1000 Oak Brook Road Oak Brook, Illinois 60521 30) 06-26-102-006 McDonald Corp 983-12 P.O. Box 66207 AMF O'Hare Chicago, Illinois 60666 31) 06-26-101-007 The Ceco Corp 1400 Kingston Road Oak Brook, Illinois 60521 -CONTINUED- ?98664- Page Four ?a) 06-26-101-012 Ginger Creek Office Venture 711 Jorie Blvd, Suite 200 Oak Brook, Illinois 60521 33) 06-26-101-001 Northern Illinois Gas Company Tax Administration P.O. Box 190 Aurora, Illinois 60507 34) 06-26-100-005 Marriott Corp Dept 92413 Marriott Drive Washington D.C . 20058 35) 06-26-100-009 Chicago REIO Suite 3300 Prudential Plaza Chicago, Illinois 60601 The liability of the Chicago Title Insurance Company is for reason .able care in the making of this search and shall in no case exceed the least of : a) the actual loss of the applicant; or b) the sum of $1, 000 . 00 . This is not a title insurance policy and should not be relied on as such. For full protection a title insurance policy should be secured . A Copy of your application for this Special ,Search is attached he.-et-- and is a part hereof . Very Truly Yours, Catherine R. Brown Tax Department 36 ) 06-26-101-006 Vantage Properties , Inc. % SEYFARTH, SHAW, FAIRWEATHER & GERALDSON 55 East Monroe Street Suite 4200 Chicago, Illinois 60603 ATTENTION: JEFFREY JAHNS, ESQ. CHICAGO TITLE INSURANCE COMPANY APPLICATION FOR SPECIAL SEARC DATE' ! ' '' ORDER NUMBER - SUBMIT IN TRIPLICATE TYPE OF SEARCHES: JUDGMENT: TAX: TRACT BOOK: Judgment Lien (includes. . . . . . . .❑ Real Estate. . . . . . . . . . . . . . . . .❑ Complete Search. . . . . . . . . . . . .❑ Revenue, Federal &State Special Assessment ❑ Owner& Legal Only . . . . . . . . . .❑ Tax Liens) /' ' ' ' ' ' ' ' ' ' C4it Federal Tax Lien only . . . . . . . . .❑ J� '�• i/��iV l / /�. ; / / /1 Computer Print Out. . . . . . . . . . .❑ State Tax Lien only. . . . . . . . . . .❑ (Since 9/2/74) Revenue Liens only . . . . . . . . . . .❑ f Other . . . . . . . . . . . . . . . . . . Divorce . . . . . . . . . . . . . . . . . . .❑ Change of Name . . . . . . . . . . . . .❑ d _ Other . . . . . . . . . . . . . . . . . . . .E-1 Recording . . . . . . . . . . . . . . . . .F-1 Instrument(s) left for record: PRESENT OWNER: PERMANENT TAX NO. R. ADDRESS OF PROPERTY: CITY COUNTY TYPE OF PROPERTY: Residential. . . . . . . .❑ Non-residential . . . . . .❑ Explain Condominium. . . . . .❑ Unit No. LAND DESCRIPTION: �: .,� L.' r :J /. ��• ",C -- . r f t,. SPECIAL INSTRUCTIONS: - ✓ Pursuant to the U.S. Fair Credit Reporting Act 15 U.S.C. 1681-1681t, applicant hereby certifies that this search is requested for the following purpose(s) and for no other purpose: ( ) 1. Court order authorizing the search. ( ) 2. Written instruction of consumer to whom It relates. ( ) 3. In connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to,or review or collection of an account of,the consumer,to be used primarily for personal, family or house- hold purposes. ( ) 4. In connection with the underwriting of insurance involving the consumer, to be used primarily for personal, family or house- hold purposes. < ) 5. In connection with a determination of the consumer's eligibility for a license or other benefit granted by a governmental instru- mentality required by law to consider an applicant's financial responsibility or status. ( ) 6.. Has a legitimate business need for the information in connection with a business transaction involving the consumer. (A state- ment of the nature of said transaction must be attached.) ( ) 7. For employment purposes at a salary of $20,000 a year or more. (We will not make this search if to be used for employment purposes where an annual salary of less than $20,000 is involved. ( ) & A credit transaction or life insurance involving $50,000 or more. ( ) 9. The party about whom this search is requested is not an individual person or persons. ( ) 10. In connection with a credit transaction or the underwriting of Insurance involving the consumer in regard to the consumer's business purposes. ( ) 11. In connection with the real estate described herein, without any regard to the particular parties whose names may appear in the records in regard to said real estate. NOTE: We are forbidden by the FCRA from disclosing in response to this application any bankruptcy more than 14 years old, any suit or judgment more than 7 years old (unless the governing statute of limitatiot.s has not expired), any tax or special as:.essment lien which has been paid more than 7 years, any adoptions, changes of name, mechanic's liens, divorces or insanities if more than 7 years old, UNLESS this application has either boxes 7,8,9, 10 or 11 checked as the only certification of use. SPECIAL BILLING INSTRUCTIONS PLEASE PRINT OR ORDER IDENTIFICATION FIRM NAME ACCOUNT NO. ` ADDRESS PHONE r / ATTENTION: FORM 3729 R12/80