S-550 - 01/08/1985 - VARIATION - Ordinances ORDINANCE NO. S- 550
AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF THE
ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK, ORDINANCE NO. G-60-,
AS AMENDED. RELATIVE TO REAR YARD DEPTH
(515 Acorn Hill Lane)
WHEREAS, on August 22, 1984 an application was filed with the Village
of Oak Brook requesting a variation from the provisions of Section VII(D)(8)(c)
of the Zoning Ordinance of the Village of Oak Brook to allow construction of an
addition which would intrude approximately 19 feet into the required 60-foot rear
yard at the property commonly known as 515 Acorn Hill Lane; and
WHEREAS, on September 11, 1984 the corporate authorities referred the
application to the Zoning Board of Appeals for public hearing on the variation
request; and
WHEREAS, at the conclusion of its public hearing on December 4, 1984,
held pursuant to notice, the Zoning Board of Appeals recommended to the Village
Board that the request for a variation be granted, for the reason that the ravine
which cuts diagonally through the subject property presents a unique circumstance
and hardship and further the variation would not alter the essential character of
the locality; and
WHEREAS, the corporate authorities have considered the recommendation
and findings of the Zoning Board of Appeals and deem the foregoing requested
variation to be consistent with the spirit and intent of the Oak Brook Zoning
Ordinance, in light of the unique circumstances attendant to the subject
property.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth
are hereby adopted as though fully set forth herein.
Section 2s That a variation is hereby granted from the provisions of
Section VII(D)(8 c of the Zoning Ordinance of the Village of Oak Brook to
permit the construction of an addition located approximately 41 feet from the
rear lot line of the below described property, subject to the conditions
enumerated in Section 3 of this Ordinance.
Section 3: That the variation herein granted is specifically subject
to the conditions:
(a) That the proposed addition be
constructed in substantial
conformity with the site plan which
was received by the Village on
August 22, 1984 and was submitted
into evidence;
(b) That this variation ceases upon
casualty loss, removal, or
destruction of the proposed
addition.
Section 4: That this Ordinance is limited and restricted to the
property located at 515 Acorn Hill Lane, Oak Brook, Illinois, which property is
legally described as:
Lot 1 of Reuben's Subdivision of Lot 2
in Soukup' s Subdivision of a portion of
the Southwest Quarter of Section 35,
Township 39 North, Range 11, East of
the Third Principal Meridian, according
to the Plat of said Reuben' s
Subdivision recorded March 29, 1976, as
Document R76-17733, in DuPage County,
AMENDMENT TO NOTE ON REUBEN'S SUBDIVISION
WHEREAS, the Plat for Reuben's Subdivision was recorded on March 29,
1976 with the DuPage County Recorder of Deeds as document number R76-17733; and
WHEREAS, the following note appears on said Plat of Reuben' s
Subdivision:
"NOTE: The Subdivision of this parcel is subject to the
following: Lot 1 may be improved so long as no variation
of lot area, bulk regulation or other provision of the
ordinances, codes, rules and regulations of the Village of
Oak Brook in effect on February 26, 1976 shall be
required. Notice is given that Lot 1 contains certain
physical constraints rendering it less amenable to
development under the ordinances, codes, rules and
regulations of the Village of Oak Brook, Illinois"; and
WHEREAS, at their December 11, 1984 meeting, the corporate authorities
of the Village of Oak Brook authorized the Village President and Village Clerk to
execute an amendment to said note which deletes the first sentence.
NOW, THEREFORE, the above note to the Plat of Reuben's Subdivision is
hereby amended to read as follows:
"NOTE: Notice is given that Lot 1 contains certain
physical constraints rendering it less amenable to
development under the ordinances, codes, rules and
regulations of the Village of Oak Brook, Illinois."
DATED this 8th day of January, 1985.
VILLAGE OF OAK BROOK,
A Municipal Corporation
BY:
Pre "ident
ATTEST:
Village Clerk
I'
,`vvPbb OF OqK e900P
G �
4 `rC
9C�COUN14.`��.
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
654-2220
January 9, 1985
Mr. John Vostal
799 Roosevelt Road
Glen Ellyn, Illinois 60137
Re: Michael Birck - Rear Yard Variation
515 Acorn Hill Lane
Dear Mr. Vostal:
The Village Board at its meeting of Tuesday, January 8, 1985 considered an
ordinance authorizing a rear yard variation for the above-referenced property.
After careful consideration the Village Board passed and approved Ordinance
No. S-550 approving the requested variation. As such, this completes the
procedures necessary and you may now- make the necessary applications for
building permits to begin the construction contemplated in the variation.
Upon the processing of the Ordinance we will of course forward a copy of same
to you for .your records.
Sincerely,
J hn; H. Brechin
Village Manager
JHB/cak
cc: Bruce F. Kapff - Assistant to Village Manager
James E. Clark - Building Commissioner
p-Marianne Lakosil - Assistant to Building Commissioner
I,
VILLAGE OF OAlt BR06K NOTE : * Indicates Cancelled
1200 Oak Brook Road ** Indicates Added to Agenda
Oak Brook, Illinois 60521 *** Indicates Deletion
Revision Date :
N 0 T I C E
December , 1984
TUESDAY, REGULAR ZONING BOARD OF APPEALS MEETING 7 : 30 P .M.
December 4 , 1984 Village Commons - Samuel E . Dean Board Room
AGENDA
1 . Roll Call
2 . Approval of Minutes
3 . Harbco - Parking and Yard Variations
(607 Harger Road)
4 . Boden ' s Lake Doran - Special Use Flood Plain
V Michael Birck - Rear Yard Variation
(515 Acorn Hill Lane)
6 . I . C . Harbour/Boy Scouts - Variations
(601 , 607 Harger Road)
7 . I . C . Harbour/Boy Scouts - Flood Plain Special Use
(601, 607 Harger Road)
MONDAY , , COMMITTEE-OF-THE-WHOLE MEETING 7 : 30 P .M.
December 10 , 1984 Village Commons - Samuel E. - Dean Board Room
TUESDAY, REGULAR BOARD OF TRUSTEES MEETING 7 : 30 P .M.
December 11 , 1984 Village Commons - Samuel E. Dean Board Room
MONDAY, REGULAR PLAN COMMISSION MEETING 7 : 30 P .M.
December 17 , 1984 Village Commons - Samuel E . Dean Board Room
AGENDA
1 . Roll Call
2 . Approval of Minutes
3 . Boden ' s Lake Doran - Final Plat
4 . Boden ' s Lake Doran - Special Use Flood Plain
5 . I . C . Harbour/Boy Scouts - Flood Plain Special Use
(601 , 607 Harger Road)
6 . Lebbin ' s Resubdivision - Final Plat
TUESDAY, REGULAR BOARD OF TRUSTEES MEETING 7 : 30 P .M.
December 25 , 1984 Village Commons - Samuel E . Dean Board Room
Item #3 on the Zoning Board of Appeals agenda was published in the Oak Brook
DOINGS on June 14 , 1984
Item X64 on the Zoning Board of Appeals agenda and Item #4 on the Plan Commission
agenda was published in the Oak Brook DOINGS on
September 6 , 1984
Item #5 on the Zoning Board of Appeals agenda was published in the Oak Brook
DOINGS on September 13 , 1984
Item #6 on the Zoning Board of Appeals agenda was published in the Oak Brook
DOINGS on November 8 , 1984
Item #7 on the Zoning Board of Appeals agenda and Item #5 on the Plan Commission
agenda was published in the Oak Brook DOINGS on
November 8 , 1984
• Cad OF..OAk B
p 9
01
G p
0 2
�COUNI
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
654-2220
September 25, 1934
MEMO TO: Zoning Board of Appeals
FROM: Bruce F. Kapff, Assistant to Village Manager
SUBJECT: Michael Birck - Rear Yard Variation
(515 Acorn Hill Lane)
APPLICATION IN GENERAL
Michael Birck, as current .owner of the property, has made application to construct
an addition to his house which will extend approximately 19 feet into the 60-foot
required rear yard. The exact location of the addition as well as site 'topography
is noted on the Architectural Plans prepared by John L. Vostal, received August 22,
1984.
HISTORY
The subject property is Lot 1 of Reuben's Subdivision created March 29, 1976.
In the Village's review of the Reuben Subdivision, the Village required inclusion
of the following note on the Subdivision Plat:
"NOTE: The Subdivision of this parcel is subject to the following: Lot 1 may
be improved so long as no variation of lot area, bulk regulation or other pro-
vision of the ordinances, codes, rules and regulations of the Village of Oak
Brook in effect on February 26, 1976 shall be required. Notice is given that
Lot 1 contains certain physical constraints rendering it less amenable to
development under the ordinances, codes, rules and regulations of the Village
of Oak Brook, Illinois."
I have attached to this memo a copy of the proposed development plan for Lot 1 as
prepared by the then contract purchaser of the property. As noted on the plan, the
proposed house site was to have been located relatively close to the front yard,
thereby, leaving more than adequate buildable area behind the house without requir-
ing any rear yard encroachment.
RE: Michael Birck - Rear Yard Variation
September 25, 1984
Page 2
In reviewing the Reuben's Subdivision file, I was unable to ascertain as to the
specific reason for the Village requiring the above stated note on the Subdivision
Plat. One possible reason for the note relates to the existing creek running across
the property as well as severe topographic limitations to that portion of the lot.
Respectfully submitted,
Bruce F. Kapff
Assistant to Village Manager
BFK/jr
�I
■
ACORN . HILL LANE
cm
i f ry 1
w• �
' f Jr• " •
' + / �•� ifS0.46
7
0M 6 f yk�7? f -f' fr y� Sw� i 1 ' }tr . .%..�.•`i A:'• .�.1 - ..
'z Tp$a1
�dthinsswtba7ts
.r f k- f •:� iVi �-. lr -1 f 1, r y 1' � / � ��_ _ ��,.�.. jj/• :-y
x Bu11 bl ��
da .�'�
r�ngtltaatt q� ravina x,278 '
lulIdable �
ar ea
pNWlrn 4 W 4tY
Or
OE OF o4kA
• ,`J' i' _ ooh
G �
O
�
400 UN
UN
VI LLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
654-2220
October 24, 1984
NOTICE IS HEREBY GIVEN that the Regular Zoning Board of Appeals
meeting scheduled for November 6, 1984 regarding the below listed items has been
cancelled at the Applicant's request. These items have been rescheduled to the
December 4, 1984 Zoning Board of Appeals Meeting.
1) Harbco - Parking and Yard Variations (607 Harger Road)
2) Boden's Lake Doran- Special Use Flood Plain
3) Michael Birck - Rear Yard Variation (515 Acorn Hill Lane)
BY: S/Gene J . Baroni
GENE J. BARONI
Chairman
GJB/jr
NOTE: Item #2 will be heard first by the Plan Commission at its meeting of
Monday, November 19, 1984.
0� w
FICIP11'
5 1
OCT 2 19 84
F OAK BROOi�, 1L. aGT 2 5 1984
JILLAGE 0 TION
ApMiN15TRA VIL1.A0 OF OAK BROOK I�
ADMINI�iTRATICSN
C!
i
J
L%
SEP 23 1984
VILLAGE OF OAK BROOK, IL
ADMINISTRATION
i
I
O�OF 4Aro •
�� ��;►HOC i
4 �
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
654-2220
September 24, 1984
NOTICE IS HEREBY GIVEN that the regular Zoning Board of Appeals
meeting of October 2, 1984 has been cancelled. Items scheduled for the
October 2, 1984 Zoning Board of Appeals meeting will be heard by the
Zoning Board of Appeals at its regular meeting of November 6, 1984
at the applicant's request.
By: S/Gene J. Baroni
GENE J. BARONI
Chairman
/jr
. E oF OAK S
J'
G k O
Iq
FCou I�'
VILLAGE OF OAK BROOK
1200 OAK BROOK. ROAD
OAK BROOK, ILLINOIS
654-2220
September 13, 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 Michael Birck
Name of applicant
515 Acorn Hill Lane, Oak Brook, IL 60521
Address
Relationship of applicant
to property Owner
N/A
Name of Subdivision (if applicable)
The property in question is situated at: . 515 Acorn Hill Lane
We have attached a map of the area to assist you in determining your relation-
ship to the property in question. The request which has been made is as follows:
A Variation from the provisions of Section VII(D)(8) (c) of the Zoning Ordinance
which section requires a 60 foot Rear Yard to permit construction of an addition
located approximately 41 feet from the Rear Lot Line.
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,
iohn H. Brechin
Village Manager
_7NR/me
I
All meetings are held in the Samuel E. Dean Board Room of the Oak Brook
Village Hall, on Oak Brook Road (31st Street) and Spring Road, Oak Brook,
Illinois
Plan Commission Meeting. . . . .. . . . . ... . . . . . . . .7:30 P.M. Monday N/A
* Zoning Board of Appeals. . . . . . . . . .. ... . .. .. . .7:30 P.M. Tuesday Oct. 2, 1984
Board of Trustees Meeting. .. ... ... . .. . . . . .. .7:30 P.M. Tuesday_ Oct. 9, 1984
MAP OF AREA
IL
1 1
� 1 1
N
i
1 Z • • • •
♦r, w o
7 L
• • • f (VrN'� '.
• t t i /
1
a
n
i z
Awl �n
AW
•
VILLAOBOFOAAKBROOK
DU PAGE ANDCOOK COIINTI ILUNOIS RG
NOTICE IS HEREBY GIVEN that bearing before the ..
Zoning Board of Appeals of the Villige of Oak Brook,Du
'P
Cook Counties. unois, Rf30e r an
in the� Vbse Hall.I2M Oak Brook ad.Ifino sfo d
PUBLISHER'S CERTIFICATE
purpose of considering the application of Michael Nick for a Varia-
tion as provided under Section XIIIIGI of the Zoning Ordinance of
the Village of Oak Brook,Illinois,Ordinance G-60,as amended.
A Variation to the M16;ing Sections of the Zoning Ordinaries is
requested:A Variation from the provisions of Section VIIIDN8Ne1 TES IS TO CERTIFY That the notice, a true copy of which is attached to this
which section requires a 60 foot Rear Yard to permit construction of certificate, Has published in THE OAK BROOK DOINGS once each week for
an addition located approximately 41 feet"from the Rear Lot Line.
The property may be gaily described as SiS Acorn Hill Lane,
Oak Brook.Illinois,and the legal description is as follows:
L I of Reuben's Subdivision of Lot 2 in Soukup's Subdivision .................•---.....One -•--•----......------........ weeks successively; that the date
of a portion of the Southwest puar"r of Section 36.Township y
39 Noah.Range 11,Eau of the 1 hird nincipal Meridian.aocor- 13th
;inngg to the Plat of said Reuben's Subdivision recorded Much 29. of the first publication was the..............................................................
976,as Doarment R76•It733.in Du County.Illinois. day Of
Permanent Parcel 00636.306.006
All persons desiring to be heard in support of or in opption
to the proposed Variation or any provision thereof.will be af-
forded an opportunity to do so and may submit their statements ....-September...A.D., 19..84., and that the date of the last publication was
orally or in wnth%or both.The hearing may be recessed to
another date if notice of time and place thereof is publicly so- .
nounced at the hearing or is given by newspaper publication not the..........................................des Of......... A.D. 19...........
less than five 1SI days prior to the date of the raoested hearing.
y +
Marianne Lake. AND IT IS FURTHER CERTIFIED That THE OAK BROOK DOINGS is a
VNlage desk
Published at the direction of the6pomte Authorities and the secular newspaper of general circulation, published weekly in the Village
zw,ing Board of A of the village of ilk¢rook.DuPage Of Hinsdale, County Of DuPa e
and Cook Countia°�i nols g , State of Illinois, and circulated generally
Published in the ilk Bmek D*p Stet.'i3;4984, in the Villages of Hinsdale, Clarendon Hills, Oak Brook, Willowbrook, Burr
Ridge, adjacent unincorporated and incorporated areas, and in DuPage and
Cook Counties, Illinois, and in other areas; that said THE OAK BROOK
DOINGS is a "newspaper" as defined by the Illinois Statutes made and pro-
vided for such situations, to wit; by Section 5 of "An Act to revise the law
in relation to notices", 1874, Feb. 13, R.S. 1874, p. 723, 15, as amended 1959,
July 17, Laws 1959, p. 1494, 11; and is also a "newspaper" as defined by
Section 1 of "An Act concerning the publication of legal notices", 1909, June
8, Laws 1909, p. 288, 11, as amended 1927, June 29, Laws 1927, p. 603, 11, and
as further amended 1945, April 12, Laws 1945, p. 1089, 41, and as further
amended in 1957, July 9, Laws 1957, p. 2270, 11, and as further amended
1959,July 17,Laws 1959, p. 1496, 11; and that said THE OAK BROOK DOINGS
has been continuously published at regular intervals of at least once each
week with a minimum of 50 issues per year for over one year prior to the
first publication of the attached notice.
IN WITNESS WHEREOF, one of the co-publishers of said THE
OFFICIAL FILE OAK BROOK DOINGS has affixed his hand and seal this
14th............day of.september....... A.D. 19...84..
...... ..
SEP 211984 Publishers Charge...?1-4T..........
VILLAGE OF OAK BROOK, IL.
TRATI O N
ADMINIS ..:..... ... ......... . .......
Publisher �'r �
VILLAGE OF OAK BROOK Minutes -4- September 11, 1984
B. Street Sweeper - Public Works Department:
Trustee Imrie moved, seconded by Trustee Maher . . .
To authorize the purchase of a Hydrostatic Drive for the Elgin Street
Sweeper as a replacement for the failed unit, from Bruce Equipment, Inc.
at a cost not to exceed $2,700.00.
ROLL CALL VOTE: Ayes: Trustees Imrie, Listecki, Maher, Philip, Rush, Watson
and President Cerne
Nays: None
So ordered.
OC- Referrals:
With no objections President Cerne made the following referral:
Michael Birck - Rear Yard Variation - 515 Acorn Hill Lane - Referred
to Zoning Board of Appeals Meeting of October 2, 1984.
VII ADJOURNMENT:
Trustee Rush moved, seconded by Trustee Watson . . .
To adjourn this meeting to Executive Session to discuss pending
litigation. TIME: 9:00 P.M. .
ROLL CALL VOTE: Ayes: Trustees Imrie, Listecki, Maher, Philip, Rush, Watson
and President Cerne
Nays: None
So ordered.
ATTEST:
Marianne Lakosil
Village Clerk
September 25, 1984
Approved
VILLAGE OF OAK BROOK Minutes -4- September 11 , 1984
-yv%L
JOHN VOSTAL
799 Roosevelt Road
Glen Ellyn, IL 60137
December 7 , 1984
Gentlemen:
This letter is written to you so some points of clarification
can be made regarding the proposed site variation as requested
by Michael J. Birck.
i
To the best of our knowledge, there seems to be no historical
evidence, either written or verbal, explaining or defining the
exact reasons for the restrictive note placed upon the Birck
property. Indications seem to be that the restrictive note was
incorporated at the time of the formation of Lot 1 of Reuben' s
subdivision. The original proposed site plan (see attached plan)
was appropriate and complimented stated restrictions . This plan
offered adequate expansion area. Subsequently, for reasons
unknown, the home was relocated on the property to its present
location which greatly hampers any additions .
The question here seems to be threefold; is the restrictive note
now relevant since it seems to have been mandated under different
circumstances? Two, is it legally binding for subsequent owners?
Thirdly, is the restriction applicable to the property as it stands
today?
We ask the Village Board to review the restrictive note in light
of the above considerations to determine whether the note can be
rescinded or modified so Mr. Birck can seek approval for the
proposed addition.
In closing, the variation request has been granted by the Zoning
Board of Appeals pending Village Board action. The Zoning Board
has also concurred that the location of the proposed addition
will not affect the health, safety and welfare of the surrounding
area. Natural drainage in the area would not be disrupted nor
would the natural environment.
Thank you for your thoughtful consideration regarding this matter.
Res ect ully submitted,
ohn Vostal
rchitect
for
Michael Birck
ZZ
0 OF OAke
G - O
'0 2
9CeCOUN-O``�
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
654-2220
December 6, 1984
MEMO TO: John H. Brechin, Village Manager
FROM: Bruce F. Kapff, Assistant to Village Manager
SUBJECT: Michael Birck - Rear Yard Variation (515 Acorn Hill Lane)
Mr. Michael Birck, owner of the subject property, has applied for a 19-foot rear
yard variation which would permit construction of an addition to the existing
residence. The subject property is Lot 1 of Reuben's Subdivision created
March 29, 1976. In the Village's review of the Reuben Subdivision, the Village
required inclusion of the following note on the Subdivision Plat:
"NOTE: The Subdivision of this parcel is subject to the
following: Lot 1 may be improved so long as no variation of
lot area, bulk regulation or other provision of the ordinances,
codes, rules and regulations of the Village of Oak Brook in effect
on February 26, 1976 shall be required. Notice is given that Lot 1
contains certain physical constraints rendering it less amenable to
development under the ordinances, codes, rules and regulations of
the Village of Oak Brook, Illinois."
The Zoning Board of Appeals, in their review of this application, limited their
recommendation to the merits of the Variation and specifically made their positive
recommendation conditioned on the Village Board's determination that the note on
the Reuben Subdivision Plat should, in some manner, be modified or removed.
Included in the file is a memo from the Village Attorney concerning the above
mentioned Plat note.
I have also enclosed copies of the respective Village Board minutes approving the
Reuben Subdivision Plat. It should be noted that on the February 24, 1976 minutes,
it states as follows:
"The Board recommended that a cautionary note relative to the buildable
area of the Lot be reflected on the Plat to which Evelyn Reuben agreed."
The above noted Plat note was then prepared by the Village Attorney and placed on
the Plat by the Engineering Department. Since this Plat note was prepared sub-
sequent to the Village Board's final action on the Subdivision, it appears from
the file that the Village Board was not made aware of the exact wording of the
Plat note. In particular, the February 24, 1976 minutes states that a "cautionary
• •
RE: Michael Birck - Rear Yard Variation (515 Acorn Hill Lane)
December 6, 1984
Page 2
note" should be added to the Plat whereas, in fact, the note added to the Plat
was an outright prohibition to future variations.
Respectfully submitted,
Bruce F. Kapff
Assistant to Village Manager
BFK/jr
- Tr
Page 2 r'
Minutes uiebruary 24, 1976 '
IV. FINANCIAL (continued)
B. Investments (continued)
Roll call vote: Ayes: Trustees Cerne, Congreve, Glaves, Philip, and Rush
Nayes: None ,
Absent: Trustee Brown
Abstain: President Howell So ordered.
Trustee Cerne moved - seconded by Trustee Rush. . .
To approve and ratify the following investment:
(4) One federally secured certificate of deposit to mature in the
First National Bank of Oak Brook on June 9, 1976 at the rate
of 5.71%. This certificate of deposit in the amount of
$100,000 is drawn on the Dep. , Imp. & Ext. Account.
Roll call vote: Ayes: Trustees Cerne, Congreve, Glaves, Philip, and Rush
Nayes: None
Absent: Trustee Brown
Abstain: President Howell So ordered.
Trustee Cerne moved -- seconded by Trustee Rush. . .
To approve and ratify the following investment:
(5) One federally secured certificate of deposit to mature in the
First National Bank of Oak Brook on May 12, 1976 at the rate
of 5.61%. This certificate of deposit in the amount of
$115,000 is drawn on the Corporate Account.
Roll call vote: byes: Trustees Cerne, Congreve, Glaves, Philip, and Rush
Nayes: None
Absent: Trustee Brown
Abstain: President Howell So ordered.
V. OLD BUSINESS
A. Bid Recommendation - Ambulance Patrol Vehicle Bid
One bid was received on February 17, 1976.
Trustee Rush moved - seconded by Trustee Philip. , .
Not to accept the single bid received and to authorize the readvertising.
Roll call vote: Ayes: Trustees Cerne, Congreve, Glaves, Philip, Rush, and
President Howell
Nayes: None
Absent: Trustee Brown So ordered.
B. Boundary Map
Trustee Rush reviewed the request of Chateaux-Loire Homeowners Assoc. in
connection with proposed common boundaries .between Downers Grove and Oak
Brook.
Trustee Rush moved- seconded by Trustee Cerne. . .
That the Zoning and Planning Chairman, Fred Brown arrange to meet with ..
appropriate members of the Plan Commission and the Village Board, along
with representatives of the Village of Downers Grove, to update location
of' the common boundary.
Roll call vote: Ayes: Trustees Cerne, Congreve, 'Glaves, Philip, Rush, and
President Howell
Nayes: None
Absent: Trustee Brown So ordered.
/C. Evelyn L. Reuben - Plat of Subdivision - Located on Acorn Hill Lane
As requested by the Board at the last regular meeting of February 10, 1976,
Evelyn Reuben was present along with the proposed purchasers of the pro-
posed Lot 1 , and two architects. After discussion, the.-Board,-recommended
that-a-cautionary none ralaWe.:.to..the.11ua_] a l,e_,ax --of the-•t�ot`b "'
r.of1ected--on the--P-tat=-towwhich,gy.e.1ynaeuben—Agreed.
L stee Rush moved - seconded by Trustee Congreve. . .
To approve the proposed Reuben's Subdivision with the provision that, with
Evelyn Reubens' consent, the attorney affix an appropriate statement on the
plat as to the buildable condition of the lot. -
2/24/76 -2- (continued)
• OF OA
•
to k
w
4
�COUNT4'
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
December 5, 1984
654-2220
MEMO TO: Village President and Board of Trustees
FROM: Richard A. Martens, Village Attorney
SUBJECT: Birck Request for Variation
In researching the history of Mr. Birck' s property, Bruce found the following note
on the Subdivision Plat:
"NOTE: The Subdivision of this parcel is subject to the
following: Lot 1 may be improved so long as no variation of lot
area, bulk regulation or other provision of the ordinances,
codes, rules and regulations of the Village of Oak Brook in
effect on February 26, 1976 shall be required. Notice is given
that Lot 1 contains certain physical constraints rendering it
less amenable to development under the ordinances, codes, rules
and regulations of the Village of Oak Brook, Illinois."
As I stated to the Zoning Board of Appeals during their deliberations of the Birck
variation request, it is my opinion that the first sentence of the note is
unenforceable, as it deprives a property owner of due process of law. The minutes
from the February 24, 1976 Village Board meeting when this plat of subdivision was
approved indicated that a "Cautionary Note" should be inserted on the plat relative
to the buildable area of the lot. The first sentence of the actual note goes
beyond the "cautionary note" directive by effectively prohibiting zoning relief.
The Village Board apparently did not see the final language of the note which was
recorded on March 29, 1976.
I recommend that the Village Board direct Staff to prepare the documentation
necessary to delete the first sentence of the note.
Respectively submitted,
Richard A. Martens
Village Attorney
RAM/jr
cc: John H. Brechin, Village Manager
Bruce F. Kapff, Assistant to Village Manager
• 6�OF OAk •
9
y
' O
9C�COUNT�'`v?
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
654-2220
December 6, 1984
Village President and Board of Trustees
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60521
RE: Michael Birck - Rear Yard Variation (515 Acorn Hill Lane)
Dear President and Board of Trustees:
The Zoning Board of Appeals, at its regular meeting of December 4, 1984,
considered the application of Michael Birck for a 19-foot rear yard variation
which would permit construction of an addition to the existing residence.
The Zoning Board of Appeals recommends to the President and Board of Trustees
approval of the requested rear yard variation based on the following findings
of fact:
1) The plight of the owner is due to unique circumstances, and
2) Approval of the requested Variation would not alter the essential character
of the neighborhood.
This recommendation is made subject to the Village Board removing the existing
note on the Reuben Subdivision Plat which precludes owners of the subject property
from obtaining any zoning variations.
This recommendation was made on a motion by Member Bartecki, seconded by Member
Fullan and approved on a Roll Call Vote of five (5) ayes: Members Bartecki, Fullan,
Savino, Winters, Chairman Baroni; one (1) nay: Member Crouch; one (1) absent:
Member Hodges.
Sincerely,
Gene J. Baroni, Chairman
Zoning Board of Appeals
BFK/GJB/jr
ZONING BOARD OF APPEALS Minutes -2- December 4, 1984
ROLL CALL VOTE: Ayes: (6)
Members Bartecki, Crouch, Fullan,
Savino, Winters, Chairman Baroni
Nays: (0)
Absent: (1)
Member Hodges
MOTION CARRIED. . .
V BODEN'S LAKE DORAN - SPECIAL USE FLOOD PLAIN
The Chairman noted that it would be appropriate to continue this matter until such
time as the Plan Commission has had an opportunity to review the application.
A motion was made by Member Winters, seconded by Member Bartecki to table
consideration of this application until the January 15, 1985 special meeting of the
Zoning Board of Appeals.
ROLL CALL VOTE: Ayes: (6)
Members Bartecki, Crouch, Fullan,
Savino, Winters, Chairman Baroni
Nays: (0)
Absent: (1)
Member Hodges
MOTION CARRIED. . .
VI MICHAEL BIRCK - REAR YARD VARIATION (515 Acorn Hill Lane)
Mr. John Vostal, architect, and Mr. Michael Birck, owner, were present representing
this application.
Mr. Vostal stated that he was directed by the owner to design an addition of
approximately 550 square feet to the existing residence. He noted that due to the
internal layout of the existing house, the best location for the addition would be
at the southwest corner near the existing kitchen and living room. Mr. Vostal
noted that the proposed addition would be approximately 200 feet from houses
located to the North and East and 120 feet from an existing residence to the West.
The property to the South is a cemetery. Mr. Vostal indicated three alternative
plans which had been investigated, all of which would not require a rear yard
variation. However, all of these alternates would place the addition to some
extent in the existing ravine. These alternates were, therefore, rejected since
the bottom of the ravine is located approximately 18 feet below the existing house
elevation. Mr. Vostal noted that the plan eventually chosen placed the addition
approximately 18 feet into the 60-foot rear yard but would require much less
construction within the ravine area. He noted that to place the addition within
the ravine would create substantial construction problems and that the proposed
location would not adversely affect the health, safety and welfare of the
surrounding area but would, rather, increase the property value of this as well as
other adjacent properties.
ZONING BOARD OF APPEALS Minutes -2- December 4, 1984
ZONING BOARD OF APPEALS Minutes -3- December 4, 1984
VI MICHAEL BIRCK - REAR YARD VARIATION (515 Acorn Hill Lane)Continued)
Member Winters noted that the proposed addition appears to be no closer to the
westerly house than the current Birck residence.
Mr. Vostal noted that the current house is approximately 130 feet from the westerly
house, whereas the proposed addition would decrease that separation to 115 feet.
In response to Member Crouch, Mr. Vostal noted that the Gazebo is an existing
structure.
In response to Member Bartecki, Mr. Vostal stated that the house was built
approximately 7 years ago with Mr. Birck purchasing the house 4 years ago.
Member Crouch inquired as to the significance of the note on the Reuben Subdivision
Plat which, in effect, precludes this property owner from obtaining any variations.
The Secretary noted that the Reuben Subdivision file was somewhat incomplete as to
the specific justification for that Plat note, although it appeared to relate to
the impact of the existing ravine on the buildable area of that lot.
Mr. Vostal also noted that although a Site Plan was presented in conjunction with
the Reuben Subdivision indicating construction of the house adjacent to the front
yard and thereby creating substantial buildable area to the rear of the house,
apparently the house builders found substantial drainage reasons to place the house
adjacent to the rear yard.
Chairman Baroni inquired as to the net effect of the Plat note and as to whether it
would be considered enforceable.
Village Attorney Martens stated the problem as being a question as to whether this
particular lot can be singled out as not being able to apply for zoning relief
through the variation process. He indicated that the note is probably not legal
and that the Zoning Board of Appeals should review the variation request on its
merits aside from the constraints indicated by the Plat note.
In response to Member Winters, Village Attorney Martens noted that the buyer of the
property should have known about the Plat note through a proper title search,
although the question revolves around whether this Plat note denies the property
owner of due process to have his case decided on its relative merits.
Mr. Vostal discussed the relative design merits of the 1976 Site Plan submitted in
conjunction with the Reuben Subdivision.
The Chairman noted that there were no members of the audience expressing support
for or opposition to the proposed Variation.
Chairman Baroni noted two possible courses of action open to the Zoning Board of
Appeals being either to:
ZONING BOARD OF APPEALS Minutes -3- December 4, 1984
ZONING BOARD OF APPEALS Minutes -4- December 4, 1984
VI MICHAEL BIRCK - REAR YARD VARIATION (515 Acorn Hill Lane)(Continued)
1) Make a recommendation to approve or deny the Variation request; or
2) Make no recommendation and wait until the Village Board decides the relative
merits of the Plat note.
In response to Village Attorney Martens, Mr. Birck stated that his title report did
indicate the constraints as contained on the Plat note.
A motion was made by Member Bartecki, seconded by Member Fullan that the Zoning
Board of Appeals recommend to the President and Board of Trustees approval of the
requested Rear Yard Variation which would reduce the rear yard from 60 feet to
approximately 41 feet for the proposed addition for reasons that:
1) The plight of the owner is due to unique circumstances, and
2) Approval of the Variation would not alter the essential character of the
neighborhood.
This recommendation is subject to the Village Board making a determination that the
Plat note should be removed from the Reuben Subdivision.
ROLL CALL VOTE: Ayes: (5)
Member Bartecki, Fullan, Savino,
Winters, Chairman Baroni
Nays: (1)
Member Crouch
Absent: (1)
Member Hodges
MOTION CARRIED. . . .
VII ADJOURNMENT
A motion was made by Member Winters, seconded by Member Crouch to adjourn this
regular meeting of the Zoning Board of Appeals.
VOICE VOTE: All in favor. MOTION CARRIED. . .
This regular meeting of the Zoning Board of Appeals was adjourned at 8:19 P.M. by
the Chairman.
Respectfully submitted,
Bruce F. Kapff, Secretary
Zoning Board of Appeals
Approved
ZONING BOARD OF APPEALS Minutes -4- December 4, 1984
r�
v!Lr�
1�
V 1 L L ✓ OF 7( \ �I.
t'
OAK
` . r
1i�_''' :� 1200 OAK BROO.: ROAD � APPEAL t—i VARIATION'
OAK BROOK, ILLINOIS 60521 $100 L�J $300
654-2220
1�( VARItifION (--r SPECIAI. U
--�'►►--11 $300 t----�. $675
APPLICATION FOR PUBLIC HEARING
__..._ AMENDMENT
TO BE FILL•'[) WITH VILLAGE CLERK I---I $650
SPECIAL USE
$400
(Section 2-225, 8/11/
------------------------------------------------------------------•------------------------------
ALL APPLICATIONS MUST BE ACCOMPANIED BY PROPER FEE, PLAT OF SURVEY, AND (18) COPIES OF A SCALE
DRAWING, SH014ING ALL PERTINENT APPLICABLE INFORMATION, i.e. , PROPERTY LINES, EXISTING BUILDING
LOCATION OF PROPOSED CONSTRUCTION, ANY BUILDINGS ON ADJACENT PROPERTY WITHIN 100 FEET OF SUBJE
PROPERTY.
------------------------------------------------------------------------------------------------
DO NOT WRITE IN THIS SPACE -- FOR OFFICE USE ONLY
Date Filed: �Zt l5 $L� Board of Trustees Referral
Notice Published: Newspaper: 42O/N 4S
Date Adjacent Property Owners Notified: -/3-85' Staff Referral:
Public Hearing Dates: Plan Commission y _ Zoning Board of Appeals /0-2- 8y
Board of Trustees /O -9-Sj� Board of Trustees /0-23- Fy
(Approval of Ordinan
FEE PAID: $ _'100, Receipt No. : Received By:
Village Clerk
APPLICANT TO COMPLETE
LOCATION OF SUBJECT PROPERTY: PER14ANENT PARCEL. NUMBER • 1.11 32s
LOT NO. ' SUBDIVISION 1?fA*6 Az6C_(WrM.;DREs s Ar-0ih_I i LL LA�Jg
-ZONING ZONING ORDINANCE SECTION
ACTION REQUESTED PWAA LOT Y AR!AM O1.I MOM 60 ' +0' 4 I
PROPERTY INTEREST OF APPLICANT: OWNER[V1 CONTRACT PURCHASER AGENT
OWNER(S) OF RECORD GMs`*AE 8I Q C{L PHONE NUMBER
ago
ADDRESS AIr AGOAM 1d ILL -A1 — ZIP
BENEFICIARY(IES) OF TRUST: PHONE NUMBER
ADDRESS ZIP
NANME OF APPLICANT '1 ICKAr j.� PHONE NUMBER _
ADDRESS Jrlr Coax) AI L1. �•AIJ� _ ZIP
I (we) certify that all of the above statements and the statements contained in any papers
or pl.arls submitted here4arre' to the best of my (our) kno,vledge and belief.
aturc) App scant Date signature) Ap��licant D:ite
p,Q ,- o p 3.r s-�n 8
P A..1 c1t4 z.'e=
NOTICE 110 APPLICANTS {
Filing Schedule
1
VARIATION: MUST BE RECEIVED PRIOR TO 1711: FIRST OF ME MONTH FOR PUBLIC
HEARING ON ME FIRST TUESDAY OF ME FOLLOWING MII].
AN1EI UNIFNT OR
SPECIAL USE: MST BE RECEIVED PRIOR TO THE 1514-1 OF THE MONTH FOR PLAN
COMti1ISSION HEARING ON ME THIRD b _- OAY OF TTY 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 minimu-n change necessary to overcomr,' the inequality
inherent in the property.
1. A Variation recogni'zes that the same district requirements do not affect all
properties equally; it was invented to permit minor changes to allow hardship prop-
erties to enjoy equal opportunities with properties similarly zoned. You must
prove that your land is affected by special circumstances or unusual conditions.
These -mist result in uncommon hardship and unequal treatment under the strict ap-
plication of the Zoning Ordinance. Where hardship conditions ex cnd 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 Grdiriance and filie uncommon
conditions of your properly 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 follo•,iing conditions cannot be considered per. �inent to the applica-
tion for a Variation: (1) Proof that a Variation wou .d increase the financial re-
turn from the land, (2) Personal hardship, (3) Self-ii—osed hardship, In the last
case, the recogni-Lion 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 Ovalers
Following, are the names and addresses of surrounding property of-,-ners from the
property in question. for a distance of 250 feet in all directions, and the numb-:r
Of feet occupied by all public roads, streets, alleys, and public ways have been
excluded in computing the 250-foot requi.rc-mi!ent. Said nai,es are as recorded in the
office of the County Recorder of Daeds (or the Registrar of 'Titles of the County)
and as appear from the authentic tax records of this County.
Name Address
-to"2T 100 �GOR tiJ i I I
�E�N�FS.� �tZ 14co d �'11
00vY�.E V� yAQ� 36z�. s���tiG
� Av ILL _ _ _ 3715
� P� iAm
-it-if
JOHN L. OR NIJOLE R. VOSTAL J' 14 8
411 BRIARGATE
HINSDALE, ILL. 60521 j 2 p14
70-7156/2719
a.,.• $ 3
Mid America -J
Federal Savings...
66TM•MOLM[S
CLA11[NDo"MILLS.NLLMIO s mml •
1: 2 7 19 ? 15601: 2 388 ? LO l9uB 0 l 8
S
BANK RECEIPT RECEIVEI
TRANSIT i CHECKS i CASH NUMBER GATE NAME DESCRIPTION By.
NO.
VI LLAGE OF OAK BROOK INVALID
WITHOUT
SIGNATUR
1200 OAK BROOK ROAD 46145
OAK BROOK, ILLINOIS
U PHONE: (312) 654.2220
RETAIN THIS RECEIPT
FOR YOUR RECORDS
SAiE0UAR0 BUSINESS JYSTEMS
Ordinance No. S- 550
(515 Acorn Hill Lane ~�
Page two
Illinois.
Permanent Parcel #06-36-306-006
Section 5: That this Ordinance shall be in full force and effect from
and after its passage and approval pursuant to law.
PASSED this 8th day of January 1985.
Ayes: Trustees imrie, Listecki, Maher, Philip, Rush and Watson
Nays: None
Absent: President Cerne
APPROVED this 8th day of January 1985•
Zit;,"! �� -
Vil.!;ge Presi ed nt
ATTEST:
Village Clerk
Approved as to Form:
Village Attorney
Published
Date Paper
Not Published XX