S-560 - 07/09/1985 - VARIATION - Ordinances ORDINANCE NO. S- 560
�-- AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF
SECTION 10-21(a)(1) AND SECTION 10-50(a)(1) OF THE CODE OF ORDINANCES
OF THE VILLAGE OF OAK BROOK, AS AMENDED, RELATIVE TO
CONSTRUCTION WITHIN THE GINGER CREEK FLOOD PLAIN
(17 Royal Vale Drive)
WHEREAS, an application has been filed requesting a variation from the
provisions of Sections 10-21(a)(1) and 10-50(a)(1) of the Code of Ordinances of
the Village of Oak Break, as amended; and
WHEREAS, a public hearing on such application has been conducted by the
Zoning Board of Appeals of the Village on June 4, 1985 pursuant to due and
appropriate legal notice; and
WHEREAS, a recommendation has been made by the said Zoning Board of Appeals
that the variations requested be denied; and
WHEREAS, this Board of Trustees of the Village of Oak Brock, having reviewed
the proceedings before the Zoning Board of Appeals, find that the applicant has
demonstrated exceptional hardship and otherwise satisfied the standards of
Section 10-35(e) of the Cede of Ordinances of the Village of Oak Brock for the.
reasons enumerated by the applicant's attorney in the Zoning Board's June 4, 1985
minutes; and
WHEREAS, this Board finds that it is in the best interests of the Village
that the requested variations be granted;
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 hereinabcve set forth are
hereby adopted as though fully set forth herein.
Section 2: That a variation is hereby granted from the provisions of
Sections 10-21(a) (1) and 10-50(a)(1) of the Code of Ordinances of the Village of
Oak Brock so as to permit construction of the garage addition and living quarters
addition depicted on the Site Plan last revised on March 7, 1985 by Bellinger,
Lach and Biancalana, a copy of which is attached hereto and made a part hereof as
Exhibit A.
Section 3: That this Ordinance is limited and restricted to the property
located at 17 Royal Vale Drive, Oak Brook, Illinois, which property is legally
described as follows:
Lot 48 in Ginger Creek, being a Subdivision of parts of
Sections 27 and 28, Township 39 North, Range 11 East of the
Third Principal Meridian according to the Plat thereof,
recorded December 30, 1960 as Document No. 992057 in DuPage
County, Illinois.
Permanent Parcel Number: 06-28-208-009
Section 4: That this Ordinance shall be in full force and effect from and
after its passage and approval pursuant to law.
PASSED THIS 9th day of July , 1985.
Ayes: Trustees Bushy, Imrie, Maher, Rush, Winters
Nays: None
Absent: Trustee Philip
APPROVED THIS 9th day of July 1985.
VILLAGE OF OAK BROOK
MINUTES OF THE REGULAR MEETING OF
July 9, 1985
MEETING CALL:
The Regular Meeting of the Board of Trustees was called to orber by President
Cerne in the Samuel E. Dean Board Room of the Village Commons at 7:30 P.M.
I APPOINTMENT OF RECORDING SECRETARY:
A motion was made by Trustee Bushy, seconded by Trustee Maher to appoint
Assistant to Village Manager Bruce F. Kapff as the Recording Secretary for this
.meeting due to the absence of the Village Clerk and Deputy Clerk.
VOICE VOTE: All present, in favor. So ordered.
II ROLL CALL:
PRESENT: President Wence F. Cerne
Trustees Karen M. Bushy
Walter C. Imrie
Ronald P. Maher
Joseph H. Rush
H. Richard Winters
ABSENT: Trustee Arthur W. Philip
III APPROVAL OF MINUTES:
Trustee Rush moved, seconded by Trustee Maher. ..
That the Minutes of the Public Hearing of June 25, 1985 concerning the
1�-a5-86 Appropriation. Ordinance be approved as submitted and leive reading
of same.
VOICE VOTE: All present, in favor. So ordered.
Trustee Rush moved, seconded by Trustee Winters...
That the Minutes of the Regular Meeting of June 25, 1985 be approved as
submitted and waive reading of same.
VOICE VOTE: All present, in favor. So ordered.
IV ORDINANCES, RESOLUTIONS, VARIATIONS, ETC.:
A. RESOLUTION NO. R-395 - A RESOLUTION APPROVING THE MRIZEK ASSESSMENT
PLAT (3725 Spring Road).
As directed at the Regular Meeting of June 25, 1985.
Trustee Winters moved, seconded by Trustee Bushy...
To pass and approve Resolution No. R-395 as presented and waive reading of
same.
ROLL CALL VOTE: Ayes: Trustees Bushy, Imrie, Maher, Rush, Winters
and President Cerne.
Nays: None
Absent: Trustee Philip So ordered.
(B-1 ORDINANCE NO. 5-560 - AN ORDINANCE GRANTING A VARIATION FROM THE
PROVISIONS OF SECTION 10-21(a)(1) AND SECTION 10-50(a)(1) OF THE CODE
OF ORDINANCES OF THE VILLAGE OF OAK BROOK, AS AMENDED, RELATIVE TO
CONSTRUCTION WITHIN THE GINGER CREEK FLOOD PLAIN (17 Royal Vale Drive).
As directed at the Regular Meeting of June 25, 1985.
VILLAGE OF OAK BROOK Minutes -1- July 9, 1985
M%-
0
VILLAGE OF OAK BROOK Minutes -2- July 9, 1985
Trustee Rush moved, seconded by Trustee Bushy...
To pass and approve Ordinance No. S-560 as presented and waive reading of
same.
ROLL CALL VOTE: Ayes: Trustees Bushy, Imrie, Maher, Rush, Winters
and President Cerne.
Nays: None
Absent: Trustee Philip So ordered.
V FINANCIAL:
A. Approval of Bills:
Warrant Register by Fund dated July 1, 1985 presented to reflect payment
from the following funds:
General Fund $242,089.58
Water Fund 51,570.38
Sports Core Fund 133,902.98
Trustee Imrie moved, seconded by Trustee Rush. . .
To approve payment of Warrant Register by Fund, as corrected relating to
Overhead Door Company, in the total amount of $427,562.94 and authorize the
Village President and Village Clerk to affix their signatures thereon.
ROLL CALL VOTE: Ayes: Trustees Bushy, Imrie, Maher, Rush.
Nays: None
Absent: Trustee Philip
Abstain: Trustee Winters abstained from voting on bills from
Illinois Bell due to employment by same.
President Cerne abstained from voting on bills from Pepsi
Cola due to corporate ownership of his employer of Pepsi
Cola General Bottlers, Inc.
So ordered.
VI OLD BUSINESS:
A. Truck Chassis Unit 503 (Public Works) - Acceptance of Bids:
Two bids received on July 1, 1985 and only one (1) bid was for a gasoline
engine, as specified.
Trustee Rush moved, seconded by Trustee Bushy...
To accept bid of the lowest responsible bidder, Elmhurst Motors, Inc. , to
furnish one F-800 Ford Truck per specifications in the total amount of
$24,298.00.
ROLL CALL VOTE: Ayes: Trustees Bushy, Imrie, Maher, Rush, Winters
and President Cerne.
Nays: None
Absent: Trustee Philip So ordered.
B. Traffic Signals - Oak Brook Road and Concord Drive - Acceptance of
Bids:
Four bids received on July 2, 1985.
Trustee Rush moved, seconded by Trustee Winters...
To accept the bid of the lowest responsible bidder, Virgil Cook & Son,
Inc., for traffic signals at Oak Brook Road and Concord Drive in the total
amount of $169,862.25.
VILLAGE OF OAK BROOK Minutes -2- July 9, 1985
YA L
2VILLAGE OF OAK BROOK Minutes -3- June 25, 1985
Revenue Fund Balance
Corporate Fund $ 456,756.91 $4,149,159.17
Motor Fuel Tax Fund 11,790.87 81,774.41
Revenue Sharing Fund 40.99 6,761.74
Reserve for Capital Purchases 227.04 50,412.48
Sports Core Bond Fund 14,336.68 274,291.03
Sports Core Operating Fund 272,256.94 205,215.59
Water Fund 186,449.16 4,011,359.64
VOICE VOTE: All present, in favor. So ordered.
B. Interest on Sale Tax Proceeds:
Interest in the amount of $68,390.21 was received from the State from
sales tax proceeds that had been retained by the State and invested. This
matter was discussed and it was the unanimous consensus to place this
unexpected and non-recurrent revenue in the miscellaneous account in the
General Fund.
V. OLD BUSINESS:
A. Flood Plain Variation - Ramez Salem (17 Royal Vale Drive):
On June 4, 1985, the Zoning Board of Appeals recommended that a flood
plain variation be granted for the addition of a garage, and they then
further recommended that the proposed additions for the garage and
bedroom be denied.
Trustee Philip moved, seconded by Trustee Bushy. ..
To grant the variation for an addition of an attached one-car garage and
to also grant the request for a variation for an addition to the existing
master bedroom based upon the hardship created by the property being non-
conforming upon the passage of the Flood Plain Ordinance and the
applicant's agreement to provide compensatory storage and the willingness
of the applicant to provide additional garage space as had been requested
by the Ginger Creek Homeowner's Association; and that the Village Attorney
prepare the necessary ordinance to effectuate same.
ROLL CALL VOTE: Ayes: Trustees Bushy, Imrie, Maher, Philip, Rush, Winters
and President Cerne.
Nays: None
Absent: None So ordered.
B. Report of Activities:
1. Finance and Library - Trustee Imrie - No report.
2. Personnel - Trustee Winters - No report.
3. Public Safety - Trustee Bushy - Fire Department has had an increase in
calls, one of them being an explosion due to floor finishing vapor
fumes. Police Department active with bike safety and anti-vandalism
programs. Results are beginning to show by monies received from the
unpaid ticket collection agency.
4. Public Works - Trustee Rush - No report.
5. Sports Core - Trustee Maher - Bath & Tennis Club and Golf memberships
have increased beyond the anticipated number.
6. Zoning & Planning - Trustee Philip - No report.
VI. NEW BUSINESS:
A. Appointments - Electrical Commission:
Trustee Bushy moved, seconded by Trustee Imrie. ..
VILLAGE OF OAK BROOK Minutes -3- June 25, 1985
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OFFICIAL FILE
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JUN 12 1985
4
COUNtr'
&LAGE OF OAK BROOI(, IL,
VILLAGE OF OAK B ROO K ADMINISTRATIpN
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
654-2220
June 12, 1985
Alfred P. Bianucci
Alfred P. Bianucci, Ltd.
1301 West 22nd Street
Oak Brook, Illinois 60521
RE: Ranez Salem
Application for Flood Plain
Variation
Dear Al:
The Salem matters were continued as per your request to the Village Board
meeting of June 25, 1985.
Sincerely,
Jo . Brechin
Vi lage Manager
JHB/ko
VILLAGE OF OAK BROOK Mies -6- June 11, 1985
ROLL CALL VOTE: Ayes: Trustees Bushy, Imrie, Philip, Rush, Winters
and President Cerne.
Nays: Trustee Maher
Absent: None So ordered.
G. Flood Plain Variation - Ramez Salem (17 Royal Vale Drive):
Trustee Philip moved, seconded by Trustee Bushy. ..
To concur with the request of the petitioner and table this matter to
the next Regular Meeting of June 25, 1985.
VOICE VOTE: All present, in favor. So ordered.
H. Open Forum:
No one appeared.
VII. ADJOURNMENT:
Trustee Philip moved, seconded by Trustee Bushy.. .
To adjourn this meeting. TIME: 11:08 P.M.
VOICE VOTE: All present, in favor. So ordered.
I
ATTEST:
Marianne Lakosil, CMC
Village Clerk
Approved
VILLAGE OF OAK BROOK Minutes -6- June 11, 1985
• S •
THE LAW OFFICES'+ OF
ALFRED P. BIANUCCI, LTD.
1301 WEST 22-0 STREET
OAK BROOK,ILLINOIS 60521
(312) 6S4-2900
.CHICAGO OFFICE
III WEST WASHINGTON STREET
ALFRED P. BIANUCCI CHICAGO.ILLINOIS 60602
June 10 , 1985
President and Board of Trustees
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60521
In re: Ramez Salem
Application for Flood
Plain Variation
Dear Mrs. Bushy and Gentlemen:
Due to a conflict in my schedule, I respectfully request that
the subject matter be deferred from tomorrow night' s meeting to
the next meeting of the Board of Trustees scheduled for June 25 .
Thank you in advance for your consideration of this request.
Very truly yours,
THE L W OFFICES OF
ALFR "Bi
By 1
APB:rrs
cc: Dr. Ramez Salem
Mr. John H. Brechin
JUN 11 1985
VILLAGE OF OAK BROOK, IL.
ADMINISTRATION
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VI LLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
654-2220
June 6, 1985
MEMO TO: John H. Brechin, Village Manager
FROM: Bruce F. Kapff, Assistant to Village Manager
SUBJECT: Ramez Salem - Flood Plain Variations
(17 Royal Vale Drive)
The Zoning Board of Appeals, at its June 4, 1985 regular meeting, considered the
above application for two specific Flood Plain Variations which would permit con-
struction of two additions to the existing residence including an attached one-car
garage and an enlargement to the existing master bedroom.
As indicated in the June 4th ZBA minutes and Dick's June 6th memo in this regard,
the Zoning Board of Appeals made somewhat conflicting recommendations concerning
the above application. The following is meant to be a clarification as to the
facts of the application:
1) The existing residence was constructed in 1967 prior to the Village's Flood
Plain Regulations and, as such, is considered an existing nonconformity with
respect to such regulations.
2) The entire property is located within the 100-year flood plain of Ginger Creek
and, more specifically, the proposed additions are within the flood fringe area.
3) The existing structure's top of foundation is approximately 700.0 which equals
the 100-year flood plain elevation adjacent to the property.
4) Village Flood Plain Regulations require construction of the lowest floor,
including the basement, at an elevation of not less than that of the base flood
elevation plus 3 feet. Therefore, Village regulations would require the proposed
addition to be constructed at an elevation of 703 instead of the 700.0 elevation
proposed.
5) Village regulations also require provision of adequate flood water storage to
compensate for any areas filled in conjunction with construction. As noted on
the Plat of Survey received March 13, 1985, proposed construction will provide
more than adequate compensatory flood plain storage.
6) The Federal Emergency Management Agency (FEMA) has advised the Village that with
respect to this application, the Federal regulations do not apply, since the
proposal does not constitute a substantive addition to the existing structure.
RE: Ramez Salem - Floodiain Variations
(17 Royal Vale Drive)
' June 6, 1985
Page 2
The reason for the current application is solely based on the Village's regulations
which are stricter in this regard.
7) In conformance with Village regulations, the applicant submitted testimony indicating
peculiar hardship relative to their application including:
a) the property is legally nonconforming,
b) conpensatory storage will be provided,
c) the objectives of the Flood Plain Regulations have been met,
d) there is no adverse impact on adjoining property owners,
e) a garage must be built to conform with the desire of Dr. Salem's neighbors
and the Homeowners Association, and
f) compliance with the 3-foot elevation requirement would reek havoc on Dr.
Salem's house and would be incongruous with those of his neighbors.
In the event the Village chooses to grant the requested Variations, it would be
appropriate to direct the Village Attorney to prepare the necessary ordinance
approving same for consideration at the Board's next meeting.
Respectfully submitted,
Bruce F. Kapff
Assistant to Village Manager
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
654-2220
June 6,, 1985
MEMO TO: Village President &Board of Trustees
FROM: Richard A. Martens, Village Attorney
SUBJECT: Voting Requirements for Recommendations Pertaining to
Flood Plain Variations
During the Zoning Board's deliberations on Dr. Salem's request for certain flood
plain variations at the Board's June 4, 1985 meeting, a question arose regarding
the voting requirement for favorable recommendation to the Village Board. Only
four Zoning Board members, a bare quorum, were present for these deliberations.
Specifically the question was:
Whether a majority of the members present or a majority of the full
seven member Zoning Board was required to return a favorable recom-
mendation on a flood plain variation to the Village Board.
Thus the question at the Zoning Board of.Appeals' meeting was whether three votes
(a majority of the bare quorum) or four votes. (a majority of the seven-member
board) was required. At one point the Board voted 3-1 to recommend granting a
variation to allow construction of Dr. Salem's proposed garage addition. At my
suggestion, the Chairman declared that this motion had failed because the ZBA's
rules require four affirmative votes to recommend granting a variation. The
Board next voted 4-0 to recommend denial of the variations which would permit
Dr. Salem to build both the garage and living quarters additions which he
requested.
Mr. Bianucci, Dr. Salem's attorney, and I then got into discussions regarding the
required vote for a favorable recommendation. Apparently this question has not
been raised before, as Dr. Salem's flood plain variation request is the first such
request that has been heard by the ZBA. I have attached a copy of Section 10-35
of the Village Code. Although subsection (b) makes reference to a zoning-type
legal notice and a two-thirds vote for the Village Board in case the ZBA fails to
recommend the flood plain variation, this Ordinance does not address the ZBA voting
requirement to return a favorable recommendation. The ZBA's Rules of Procedure
provide that "a concurring vote of four (4) members of the Board shall be necessary
to recommend any variation in the Ordinance to the corporate authorities." The
words "in the Ordinance" apparently refer to the Zoning Ordinance and thus would
not be applicable to flood plain variations. I say this because the first section
of the Rules of Procedure states that "these rules are supplementary to the provisions
of the Zoning Ordinance of the Village of Oak Brook as they relate to procedures
of the Board of Appeals".
RE: Voting Requirements for Recommendations Pertaining to
Flood Plain Variations
June 6, 1985
Page 2
Based on the report from the ZBA to the Village Board on Dr. Salem's request, four
Trustees must vote in favor of the requested flood plain variations for the matter
to pass. If this is the case, the matter is concluded.
Alternatively, to clear up the record, I recommend that Dr. Salem's request be
referred back to the ZBA for separate votes on the garage addition and living
quarters addition.
Respectfully submitted,
Alww-e�—j-MA�U—zl� ,
Richard A. Martens
Village Attorney
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Attachment
cc: Alfred P. Savino, Chairman
John H. Brechin, Village Manager
Bruce F. Kapff, Assistant to Village Manager
I
PLANNING AND ZONING § 10-35
tion, "Flood-Proofing Regulations," June, 1972, GPO:
1973 0-505-026 edition, or any subsequent edition
thereof. (Ord. No. G-217, § 2, 9-27-77)
Sec. 10-35. Variations.
(a) [President and Board of Trustees May Grant:]
Variations to the provisions of this article may be granted
by the president and board of trustees upon recommendation
by the zoning board of appeals.
(b) Authority: The board of trustees shall decide all
applications for variations of the provisions of this division
after a public hearing held before the zoning board of
appeals on such notice as shall be required by the Illinois
Statutes for zoning variations. The zoning board of appeals
shall hold public hearings upon all applications for
variations and shall report its recommendations to the
board of trustees as to whether a requested variation would
be in harmony with its general purpose and intent, and
shall recommend a variation only where it shall have made
a finding of fact specifying the reason or reasons for
recommending the variation. Such findings shall be based
upon the standards prescribed in subsection (e) below. No
variation shall be granted by the board of trustees without
such findings of fact. In the case of a variation where the
zoning board of appeals fails to recommend the variation, it
can only be adopted by an ordinance with the favorable vote
of two-thirds of the trustees.
(c) Initiation: An application for a variation shall be in
triplicate and may be made by any governmental office,
department, board, bureau or commission, or by any person,
firm or corporation having a freehold interest, a possessory
interest entitled to exclusive possession, a contractual
interest which may become a freehold interest, or any
exclusive possessory interest applicable to the land or land
and improvements described in the application for a
variation.
(d) Processing: An application for a variation shall be
filed with the village clerk who shall forward one copy of
Supp. No. 14
637
§ 10-35 OAK BROOK CODE
such application to the zoning board of appeals for
processing in accordance with applicable statutes of the
State of Illinois and one copy to the board of trustees.
(e) Standards: The recommendation of the zoning board
of appeals and the decision of the president and board of
trustees on an application for a variation to the provisions
of this article shall be based on the following standards, the
burden of showing to be borne by the applicant:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the variation
would result in exceptional hardship to the applicant;
and
(3) A determination that the variation will not result in
increased flood heights, additional threats to public
safety, extraordinary public expense, create nui-
sances, cause fraud on or victimization of the public,
conflict with other existing ordinances, or conflict with
the intent of this article.
(f) (Conditions and Restrictions:] The zoning board of
appeals may recommend and the board of trustees may
require such conditions and restrictions upon the premises
benefited by a variation as may be necessary to comply with
the standards set forth in this section to reduce or minimize
the injurious effect of such variation upon other property in
the neighborhood, and to implement the general purpose
and intent of this article.
(g) [Insurance rates:] The village shall inform applicants
for variations that should a variation be granted to build a
structure with its lowest floor below the base flood
elevation, it could result in flood insurance premiums as
high as twenty-five dollars ($25.00) per one hundred dollars
($100.00) of insurance coverage. (Ord. No. G-217, § 2,
9-27-77; Ord. No. G-277, § 7, 1=27-81)
Secs. 10-36-10-45. Reserved.
Supp. No. 14
638
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
654-2220
June 6, 1985
Village President & Board of Trustees
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60521
RE: Ramez Salem - Flood Plain Variations
(17 Royal Vale Drive)
Dear President & Board of Trustees:
The Zoning Board of Appeals, at its regular meeting of June 4, 1985, considered
the application of Dr. Ramez Salem for two variations from the Village's Flood
Plain Regulations as follows:
1) A Variation from the provisions of Section 10-21 of the Village Code which
states that a non-conforming structure with respect to Flood Plain Regulations
shall not be enlarged, replaced or structurally altered.
2) A Variation from the provisions of Section 10-50 Design Criteria for Residential
Structures, which states that the lowest floor, including the basement, must be
at an elevation not less than that of the base flood elevation plus three feet.
The Zoning Board of Appeals made two specific recommendations concerning this
application. The first recommendation dealt specifically with the proposed one-car
garage addition. The Zoning Board of Appeals recommends to the President and Board
of Trustees approval of the proposed garage addition based on adequate hardship being
demonstrated regarding the Community Association's requirement that the garage be
constructed. This recommendation was made on a motion by Member Lojewski, seconded
by Member Crouch and approved on a Roll Call Vote of three (3) ayes: Members Crouch,
Lojewski, Martinello; one (1) nay: Chairman Savino; two (2) absent: Members Bartecki,
O'Brien.
The second recommendation pertains to both the garage and bedroom additions. The
Zoning Board of Appeals recommends to the President and Board of Trustees denial of
the requested variations which would permit construction of these two additions for
reasons that the applicant failed to show good and sufficient cause and failed to
demonstrate exceptional hardship. This recommendation was made on a motion by Member
4
RE: Ramez Salem - Flood Plain Variations
(17 Royal Vale Drive)
June 6, 1985
Page 2
Lojewski, seconded by Member Crouch and approved on a Roll Call Vote of four (4) ayes:
Members Crouch, Lojewski, Martinello, Chairman Savino; zero (0) nays; two (2) absent:
Members Bartecki, O'Brien.
Sincerely,
Alfred P. Savino, Chairman
Zoning Board of Appeals
BFK/AFS/jr
ZONING BOARD OF APPEALS Minutes -2- June 4, 1985
IV RAMEZ SALEM - FLOOD PLAIN VARIATIONS (17 Royal Vale Drive)
The Acting Secretary noted that the required Legal Notice was published in the Oak
Brook DOINGS and that surrounding property owners were notified of this hearing on
April 18, 1985.
Mr. Alfred Bianucci, Attorney for the applicant, introduced himself and his
witnesses: Ramez Salem, the applicant; David Wilner, an architect; and Creig
Lechowitz, an engineer.
After the witnesses were sworn, Mr. Bianucci asked that the following exhibits be
marked for identification:
Petitioner's Group Exhibit 1 - Affidavit of Ownership and a Trust Agreement with
Continental Illinois National Bank and Trust Company of Chicago
Petitioner's Exhibit 2 - The Official Oak Brook Zoning Map
Petitioner's Exhibit 3 - A topographical survey
Petitioner's Exhibit 4 - A letter from Tom and Georgia Shubalis
Petitioner's Exhibit 5 - A letter from Dr. and Mrs. Frankovelgia
Mr. Bianucci testified that the applicant's property is known as Lot 48 in the
Ginger Creek Subdivision; it is approximately 30,000 square feet in size, and is
located in the R-2 Zoning District. The lot is improved with a one-story, 4,200
square foot, single-family detached residence built in 1966 or 1967. Dr. Salem
purchased the property in 1978 and has resided there since that time.
Mr. Bianucci stated that Dr. Salem seeks to make two additions to the existing
building. The first proposed addition is an additional one-car garage to his
existing two-car garage. The second proposed addition is an extension of the
living quarters contained at the southeast portion of the home which would add
approximately 850-860 square feet. The addition in the living area would extend an
existing bedroom and reconfigure a bathroom and closet.
Dr. Salem's entire lot is located in the flood plain. When the Village adopted its
Flood Plain Regulations in 1977, Dr. Salem' s house was rendered a legal non-
conforming structure. Village Ordinance requires that a Variation be granted to
allow Dr. Salem to build any addition to his house. Moreover, Village Ordinance
requires that the lowest level of any new construction in the flood plain must be
not less than 3 feet over the base elevation. Dr. Salem is requesting that a
Variation be granted from this provision, so as to permit the construction of the
proposed additions at the existing base elevation which is 700 feet, the same
elevation at which the existing house is built.
Mr. David Wilner, an architect with offices in Chicago, stated that the proposed
garage would be located in the front of the existing house at the northeast corner
of the building adjacent to the drive. This garage would be approximately 252
ZONING BOARD OF APPEALS Minutes -2- June 4, 1985
ZONING BOARD OF APPEALS Minutes -3- June 4, 1985
IV RAMEZ SALEM FLOOD PLAIN VARIATIONS (17 Royal Vale Drive) (Continued).
square feet. The proposed addition to the living quarters would expand a bedroom
and bathroom. There will be no basement on either addition; both additions will be
built on a slab. Mr. Wilner testified that if the applicant was required to build
the living quarters addition 3 feet above the existing house, the addition would
appear large and awkward. Moreover, such an addition would be much more expensive
due to the required alteration of the roof. Mr. Wilner testified that the garage
must be built at grade level to accomplish its purposes.
Mr. Craig Lechowitz, of Bollinger, Lach & Biancalana, engineers and surveyors
located in Oak Brook, Illinois, stated that he had prepared the topographic survey
and drainage plan. Mr. Lechowitz testified that because the proposed additions are
small, the only compensatory storage required is near the building and at the rear
of the lot. Compensatory storage in the amount of 51.2 cubic yards more than
offsets the 50.2 cubic yards disturbed by the construction. Finally, Mr. Lechowitz
stated that there would be no harm to adjoining property owners, no increase in
flood heights, and no adverse impact on any adjoining property owners due to the
proposed construction of the additions on Dr. Salem' s property.
Dr. Salem testified that he is the Chairman of the Department of Anesthesiology at
Illinois Masonic Medical Center. He is the sole beneficiary of the Land Trust at
Continental Bank which holds title to the subject property. He stated that he
needs the garage, because he wants to house an additional car there. The Ginger
Creek Homeowners Association has asked that he not park his car in his driveway and
that he construct a garage if he wishes to continue parking the car on his
property. Dr. Salem testified that he wishes to construct an addition to his
living quarters so that he can enhance the value of his property and add amenities.
Mr. Bianucci referred to a letter from the Federal Emergency Management Agency
(FEMA_) wherein the author stated that Federal regulations would not be violated by
Dr. Salem's proposed additions.
At the Chairman's request, Mr. Bianucci read the letter from Tom and Georgia
Shubalis, who are Dr. Salem' s neighbors on one side, and the letter from Dr. and
Mrs. Frankovelgia, who are Dr. Salem' s neighbors on the other side. Both neighbors
stated that they had no objections to the proposed additions. Mr. Bianucci also
noted that the Ginger Creek Homeowners Association had approved the additions.
In response to the Chairman's question regarding what hardship must be demonstrated
in a case of this type, Village Attorney Martens read the standards set forth in
Section 10-35(e) of the Oak Brook Village Code. The Chairman then asked Mr.
Bianucci to state the hardship in this case. Mr. Bianucci noted the following:
1. The property is legally non-conforming;
2. Compensatory storage will be provided;
3. The objectives of the Flood Plain Regulations have been met;
ZONING BOARD OF APPEALS Minutes -3- June 4, 1985
} ZONING BOARD OF APPEALS Minutes -4- June 4, 1985
IV RAMEZ SALEM - FLOOD PLAIN VARIATIONS (17 Royal Vale Drive) (Continued)
4. There is no adverse impact on adjoining property owners;
5. A garage must be built to conform with the desire of Dr. Salem's neighbors and
the Homeowners Association; and
6. Compliance with the 3-foot elevation requirement would reek havoc on Dr.
Salem's house and would be incongruous with those of his neighbors.
Mr. Bianucci stated that in his opinion the objectives of the Flood Plain
Regulations had been met and to deny relief would render the applicant unable to
use his property.
Member Lojewski asked the applicant whether Dr. Salem's house could be constructed
at its present location if the lot was vacant.
Mr. Bianucci replied that a Special Use Permit from the Village would be required
for such construction.
In response to a question by Member Crouch, Village Engineer Durfey stated that it
was his understanding that the garage could be built at the present elevation
because it is not a habitable structure, but that the proposed living portion
addition must comply with the 3-foot above grade requirement. Village Engineer
Durfey also stated that the velocity of water runoff would not be affected by the
proposed additions, due to the gradual slopes in this area.
In response to a query by Member Martinello, Mr. Bianucci noted that the Oak Brook
Ordinance sets forth a disclaimer of liability in the event that a homeowner who
obtains relief from the Village later sustains damage to his property. Mr.
Bianucci noted that Dr. Salem also agreed with this disclaimer provision.
vo further witnesses testified either in favor or against the application.
The members of the Zoning Board deliberated on Dr. Salem's application. The
following motion was made by Member Lojewski, seconded by Member Crouch:
To recommend to the President and Board of Trustees that the application for
Variation by Dr. Salem for a proposed addition to his garage and living quarters be
denied for the reason that the house sits on a flood plain and the proposed
additions would make a bad situation worse. Moreover, this would be a precedent
setting case wherein the hardship standard was not sufficiently met.
After some discussion, Member Martinello asked if the motion could be amended to
allow for the construction of the garage but not for construction of the habitable
quarters.
The Chairman stated his concern that the same standards should apply for both
additions.
ZONING BOARD OF APPEALS Minutes -4- June 4, 1985
ZONING BOARD OF APPEALS Minutes -5- June 4, 1985
IV RAMEZ SALEM FLOOD PLAIN VARIATONS (17 Royal Vale Drive) ( Continued)
Member Lojewski and Member Crouch agreed to withdraw the foregoing motion.
Member Lojewski moved and Member Crouch seconded the following motion:
To recommend to the President and Board of Trustees that the application for
Variation by Dr. Salem for a proposed addition to his garage be approved as
submitted for the reason that there was a conflict with the Community Association
in the garaging of one of Dr. Salem's cars and that, consequently, a hardship had
been demonstrated.
ROLL CALL VOTE: Ayes: (3)
Members Crouch, Lojewski, Martinello
Nays: (1)
Chairman Savino
Absent: (2)
Members Bartecki, O'Brien
The Chairman noted that because the motion did not receive four affirmative votes,
it had failed.
Member Lojewski moved and Member Crouch seconded the following motion:
To recommend to the President and Board of Trustees that Dr. Salem's application
for Variations be denied for the reason that the applicant failed to show good and
sufficient cause and failed to demonstrate exceptional hardship.
ROLL CALL VOTE: Ayes: (4)
Members Crouch, Lojewski, Martinello,
Chairman Savino
Nays: (0)
Absent: (2)
Members Bartecki, O'Brien
MOTION CARRIED. ..
Mr. Bianucci queried whether an affirmative vote of four members of the Zoning
Board of Appeals was required to favorably recommend a matter to the Village Board.
Village Attorney Martens noted that the Zoning Board of Appeals Rules of Procedure
required such a vote to favorably recommend a variation request to the Village
Board.
Mr. Bianucci contended that this requirement was applicable only to zoning requests
and did not apply to a Variation of Flood Plain Regulations.
Member Crouch noted that both votes were in the record and would be available to
the Village Board for their consideration.
ZONING BOARD OF APPEALS Minutes -5- June 4, 1985
STATE OF ILLINOIS )
SS.
COUNTY OF COOK )
A F F I D A V I T
M. RAMEZ SALEM, being first on oath duly sworn, states as fol-
lows:
1. That I reside at 17 Royal Vale Drive, Oak Brook, Illinois
60521 ( "subject property" ) and have resided at said address since
1978;
2. That I purchased the subject property in 1978 and took legal
title to the same in a certain land trust at Continental Illinois
National Bank and Trust Company of Chicago, known as Trust No.
48-66648-1 , in and under which I own the entire beneficial interest,
together with the complete power of direction;
3 . That the application for variations to the Oak Brook Flood-
plain and Wetland regulations filed with respect to the subject
property was filed on my behalf and my direction; and
4. Further Affiant sayeth not.
M. Ramez Salem
SUBSCRIBED AND SWORN TO
before me this 4th day of
June, 1985.
Notary ublic
lZfjig Zru5t 2 greemcut, dated t,)iis .......Z71b.......... day of .....June........ 19.78.... and known as
Trust Number4$'6.....4 8-1 to certify that the CONTINENTAL ILLINOIS NATIONAL BANK AIND TRUST
COMPANY OF CHICAGO, as Trustee hereunder, is about to take title to the following described real estate in
.......uu ' e..................... County, Illinois, to wit:
Lot 48 in Ginger Creek, being a subdivision of
parts of Sections 27 and 28 , Township 39 North,
Range 11, East of the Third Principal Meridian,
according to the plat thereof recorded
December 30 , 1960 as Document Number 992057 , in
DuPage County, Illinois .
also known as ..17...RS2.ya1_.Zla1. _.b2x�.�Ie.R_.QJ�_.A44lts,,,.zllnos
......................_.........._.........................
(Street and Number) (City)
with the following improvements thereon _.S.S^/imi llg...P4Q.1......01.1.... .001---egu.ipment.�
.......wate.r....wlaeel .xxt...cPuxJt,.yard.................................................................................................................. ......
and that when it has taken title thereto, or to any other property conveyed to it as Trustee hereunder, it will hold it and
the proceeds, profits and avails thereof, if any, which may come into its possession by direction of the beneficiary or
beneficiaries or by specific terms hereof, in trust, for the ultimate use and benefit of the following named persons
according to the respective interests herein set out and their assigns: Dr. Mohamed Ramez Salem, the whole
thereof, and upon his death then to Sanna Salem Mohamed Shaker, his sister , the
whole thereof. Dr. Salem, during his lifetime may sell, assign, pledge , transfc
or otherwise dispose of or encumber all or any part of his beneficial interest
under said trust, or any part of his trust property, and may use and consume thc:
proceeds thereof; and he may also amend, alter or revoke from time to time any
portion of said trust agreement without consent of any other party herein.
IT IS UNDERSTOOD AND AGREED by and between the Trustee and any person or person; who have or may
become entitled to any interest under this trust, that the interests of any beneficiary hereunder shall consist solely of a
power of direction to deal with the title to said property and the right to receive or direct the disposition of the proceeds
from the rentals and from the mortgages, sales or other disposition of said premises; such right in the avails of said
property shall be deemed to be personal property and may be treated, assigned and transferred as such; that in case of
the death of any beneficiary hereunder during the existence of this trust, his or her right and interest herein shall,
except as herein otherwise specifically provided, pass to his or her executor or administrator and not to his or her
heirs-at-law; and that no beneficiary now has, or shall hereafter at any time have, any right, title or interest in or to
any portion of said real estate as such, either legal or equitable, but only an interest in the earnings, avails and pro-
ceeds as aforesaid; it being the intention of this instrument to vest the full legal and equitable title to said premises in
the Trustee. The death of any beneficiary hereunder shall not terminate the trust or in any manner affect the powers of
the Trustee hereunder. No assignments of interest hereunder by a beneficiary shall be binding on the Trustee until the
original or a duplicate copy of the assignment, in such form as the Trustee may approve, is lodged with it and its
acceptance indicated thereon.
Certificates evidencing the interests of the beneficiaries may be issued by the Trustee in such form as it may
approve,in which event an assignment of an interest shall be valid only upon the surrender therewith of such certificate
and the assignee shall not be entitled to a recognition as a beneficiary hereunder until lie has so surrendered such
original certificate to the Trustee with a proper assignment and until a new certificate has been issued to him.
In case and whenever the Trustee shall make any advances of money on account of this trust or shall be made
a party of any litigation on account of holding title to said real estate or in connection with this trust or in case
the Trustee either personally or as Trustee shall be compelled to pay any sum of money on account of this trust
or any property included therein, whether on account of breach of contract, injury to person or property, fines or
penalties under any law or otherwise, the beneficiaries hereunder do hereby, jointly and severally, agree as follows:
(1) That they will forthwith on demand pay to the Trustee,with interest thereon at the rate of seven per cent per
annum, all such disbursements or advancements or payments made by the Trustee, together with its expenses, including
reasonable attorneys' fees;
(2) That the Trustee sball be under no duty to convey or otherwise deal with any property or funds held
hereunder until all of said disbursements, payments, advances and expenses made or incurred by said Trustee shall
have been fully paid, together with seven per cent interest thereon as aforesaid;
(3) And in case of non-payment within sixty days (60) after demand, sufficient property may be sold by the
Trustee, in its sole and absolute discretion as to necessity for sale, portion to be sold, price and terms, to pay the debt,
and any surplus may be either paid over to the beneficiary or retained in whole or in part at the discretion of the Trustee
to pay future obligations to be met by the trust.We hereby certify the above and foregoing to be
a true, complete and correct copy of the origin l
according to our files.
CONTINEOAL ILLINOIS/NATIONAL BANK
AND TRUST COMPANY OF CHICAGO
However, nothing herein contained shall be construed as requiring the Trustee to advance or pay out any money
on account of this trust or to prosecute or defend any legal proceedings involving this trust or any property or
interest thereunder unless it shall be furnished with funds sufficient therefor or be satisfactorily indemnified in
respect thereto.
It shall not be the duty of the purchaser of the trust property or any part thereof to see to the application of
the purchase money paid therefor; nor shall anyone who may deal with the Trustee be privileged or required to
inquire into the necessity or expediency of or authority for any act of said Trustee or as to the provisions of this
instrument.
This trust agreement shall not be placed on record in the Recorder's Office or filed in the office of the Registrar
of Titles of the county in which the trust property is situated or elsewhere, and the record or filing of the same shall
not be considered as notice of the rights of any person hereunder, derogatory to the title or powers of the Trustee.
While the Trustee is the sole owner of the real estate and any other property held by it hereunder and so far as
the public is concerned has full power to deal with it, it is understood and agreed by the persons in interest hereunder
and by any persons who may hereafter become interested that the Trustee will deal with it only when authorized to
do so in writing and that it will (unless otherwise directed by the beneficiries) on the written direction of
Dr. Mohamed Ramez Salem, and upon his death, then Sanna Salem Mohamed
Shaker, his sister
or on the written direction of all of the beneficiaries hereunder at the
Lime, make contracts or deeds for the sale of or otherwise deal with the said real estate or any part thereof and with
the disposition of the proceeds from the rentals and from the mortgages, insurance, sales or other disposition of said
premises; provided, however, that the Trustee shall not be required without its consent to enter into any personal ob-
ligation or liability in dealing with said trust property or to make itself liable for any damages, costs, expenses, fines
or penalties, or to deal with the title so long as any money is due to it hereunder, and to the extent of any moneys
due to it hereunder, it shall have a lien on the property or the proceeds thereof. Otherwise, the Trustee shall not be
required to inquire into the propriety or purpose of any such direction.
The beneficiary or beneficiaries hereunder shall have and retain (except as otherwise herein expressly provided)
the management of said property and control of the renting, handling, encumbering, selling or making any other
disposition thereof, and any beneficiary or his agent shall handle the rents thereof, and the proceeds of any encum-
brances, sales or other disposition of said property; and the Trustee shall not he called upon to do anything in the
manaacment or control of said property or in respect to the payment of taxes or assessments, or in respect to insur-
once, litigation or otherwise, except on written direction of the beneficiaries hereunder for the time being, as here-
inabove provided, and after the payment to it of all money necessary to carry out said instructions.
No beneficiary hereunder shall have any authority to contract for or in the name of the Trustee, or to bind
the Trustee personally unless its consent thereto is first obtained in writing.
If the trust property or any part thereof remains in the trust until twenty (20) years from this date, the Trustee
shall either sell the same at public sale on reasonable notice, and divide the proceeds of the sale among those who are
entitled thereto under this agreement or convey the same to the beneficiaries in accordance with their respective interests.
In the event the written direction to deal with the title to any property held hereunder involves the making
of a contract or contracts by the Trustee for the sale of said property, then the Trustee may require that the proceed,
of sale be paid to it to be disbursed to the beneficiary or bencciaries. In the event such contract or contracts would
place an obligation upon the Trustee or the trust estate to pay encumbrances or assessments, to furnish legal public
improvements, to perfect title, or to incur any expense of any kind in order to fulfill said contract. and the Trustee
accepts such direction and acts thereunder, then such direction cannot be revoked, altered or superseded in any way
or in any part without the Trustee's consent until all such obligations shall be fully paid, performed and satiFfied, and
the proceeds of such contract or contracts shall be paid to the 'Trustee. The Trustee may apply such proceeds to the
paytnent and satisfaction of all obligations of the Trustee, of this trust estate and of the beneficiary or beneficiaries
to the.. Trustee hereunder before distribution thereof shall be made to the beneficiary or beneficiaries, unless otherwise
provided herein or in such direction.
This trust and the terms hereof may be amended by the joint consent of the Trustee and of all of the beneficiaries
for the time being.
The Trustee, at any time, may resign by sending by registered mail a notice of its intention so to do to each of the
then beneficiaries hereunder at his or her address last known to the Trustee. In the event of such resignation, a Successor
or Successors may be appointed by the person or persons then entitled to direct the Trustee as to the disposition of the
trust property, by an instrument in writing lodged with the resigning Trustee, having endorsed thereon the acceptance
of such Successor; and thereupon the resigning Trustee shall convey the trust property to such Successor or Successors
in trust.
In the event no Successor Trustee is appointed as herein provided, within sixty days (60) from the date of such
resignation the resigning Trustee may convey the trust property to the beneficiaries in accordance with their tespective
interests hereunder and thereupon this trust shall terminate. The Trustee notwithstanding such resignation shall con-
tinue to have a first lien on the trust property for its costs, expenses, including reasonable attorneys' fees and for its
reasonable compensation. —
Every Successor Trustee or Trustees appointed hereunder shall become fully vested with all the estate, properties,
rights, powers, trusts, duties and obligations of its, his or their predecessor.
The beneficiaries hereunder agree at all times to carry public liability insurance and such other liability insurance
as the Trustee shall deem necessary, insurim, the Trustee in amounts and form acceptable to the Trustee and, in the
event of the failure so to furnish liability insurance, the Trustee, in its discretion, may place such insurance and the
beneficiaries hereunder do hereby jointly and severally agree that they will forthwith on demand pay the Trustee the
amount of the premium on said insurance plus interest at the rate of seven per cent.
All obligations incurred by the TA941106iiiicreep:AiMbet)1& aPnpi&AaofFRieeaii4tyl&l�oar!�Pin nowise the in•
dividual obligations of the Trustee. a true, complete and correct copy of the origir*l
according to our files.
CONTi IENTAL ILLINOIS NATIONAL BANK
AND TRUST COMPANY OFjCHICAGO
DATEn L)
\� �.
At any time and from time to time additional property tiny be conveyed to the Trustee under this trust, and
such property and the proceeds thereof shall be held, dealt with and disposed of under the terms of this agreement in
the same manner as the property above specifically described. The terms and conditions of the deed by which the
property above described or any deed or deeds by which other property may be conveyed to the Trustee hereunder
shall constitute and he construed as a part of this agreement.
The Trustee shall receive for its services in accepting this trust and any title hereunder the sum of
S...Z.01-0....... for the first year and the sum of S...7.$.._QQ........ for each succeeding year as long as any property
remains in this trust; also its regular schedule fee for making deeds; ........................0. ...
---•-••-•...................................................................................................................... ; and it shall also receive
reasonable compensation for any special services rendered by it hereunder and its attorneys, solicitors or agents, or
for taking or holding any other property hereafter deeded to it hereunder, which fees, charges, compensation and
also the Trustee's expenses the beneficiaries hereunder jointly and severally agree to pay.
The Trustee and the beneficiaries for the time being shall constitute the sole persons in interest under this
agreement. Communications addressed by the Trustee to the beneficiaries at their last address appearing on its
records shall be sufficient for all purposes.
IN TEST131ONY WHEREOF, the said CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY
OF CHICAGO has caused these presents to be signed by its .................... Vice-President and attested by its.. t_r�ist_t�f f icer
S=a4xr)x and has caused its corporate seal to be hereunto affixed as and for the act and deed of said Company, the
day and year first above written.
CONTINEN-TAL ILLINOIS NATIONAL BANK
AND TRUST COMPANY OF CHICAGO
//�
Vice-President
ATTEST:, TERRY W. THOMPSON
r'f
t`........... ...... ......................
Trust Officer _
And on the date of the foregoing instrument the said beneficiaries have sidtted this Declaration of Trust and
Trust Agreement, in order to signify their assent to the terms hereof.
'......1..: �`�—�i t�s�/ /�l� (SEAL) Address .7..7....ROyd�...V1a. ...Ax.1Ye...... ....................
- .
Dr. Mohamed Ramez Salem Oak Brook, Illinois 60521
....................._......................................---•....---.............. (SEAL) Address
..................................................................................... (SEAL) Address
_..-----.--.-•-----•_•-_---------------------_--.-----.----•------------•--.--... (SEAL) Address
................................................._.........__...................... (SEAL) Address
We hereby certify the above and foregoi'8g to b
a true, 66*MDTd e'•aiia"correct'•etipy'b'I""th7*6flg*i Address ..............................._......_.............................._.......
according to our files.
.............................................._._......._.._.__•_.._....... (SEAL) Address
CONTINENTAL ILLINti s NATIONAL BANK —
.....................................>!li &-*f t��fi•$9M��fltt� Elf—G+1`�/ ) Address
DATE:I .--.......�,,,...1.. _�.,:n_.�.._.1�.a.�1 _(SEAL) Ad r s .................._......�._.._.............._......_._.._................_
-- -�i....�.. ...� r �,� ............_......_.....
........
..............
_......................................._.._.._------•.........._........... (SEAL) Address ......................................._.........._......_.......................
To whom shall inquirers be referred?.....Dr: Mohamed Ramez Salem
7 Royal Vale Drive
Oak Brook, Illinois 60521
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FCOUNt'�'
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
654-2220
April 30, 1985
N 0 T I C E O F M E E T I N G
NOTICE IS HEREBY GIVEN that the Regular Meeting of the Zoning Board of Appeals
scheduled for May 7 1985 is hereby CANCELLED due to the lack of a quorum.
Agenda items will be heard by the Zoning Board of Appeals at their next Regular
Meeting of June 4, 1985.
AGENDA
1. Vantage Properties - Rezone from. R-4 to ORA-2
(16th Street & Monterey Avenue)
2. Vantage Properties - Parking & Loading Variations
(16th Street & Monterey Avenue)
3. Boden's. Lake Doran - Flood Plain Special Use
4. Ramez Salem - Flood Plain Variations
(17 Royal Vale Drive)
5. Harbco - Parking & Yard Variations
(607 Harger Road)
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)
t ' 4• •
SOEOF Ogke
4
2
COUNt�'
VI LLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
April 26, 1985 654-2220
MEMO TO: Zoning Board of Appeals
FROM: Bruce F. Kapff, Assistant to the Village Manager
SUBJECT: Ramez Salem - Flood Plain Variation (17 Royal Vale Drive)
Application in General:
The. Salems propose construction of two additions to their existing residence
which was initially constructed in 1967 prior to the Village's Flood Plain
Regulations. The entire property is located within the 100 Year Flood Plain
of Ginger Creek and as such, is governed by the current Flood Plain Regulations
and Federal Flood Plain Maps.
Specific Flood Plain Relief:
I have attached to this memo, pages 630 and 640 from the Village's Flood Plain
Regulations noting the particular standards in question.
Since the original structure was constructed prior to the Village's enactment of
its Flood Plain Regulations in 1977, such construction is considered pre-existing
to the Ordinance. This construction is also considered nonconforming to the
extent that it was constructed at an elevation lower than 3 feet above the 100
Year Flood Plain. Specifically, the 100 Year Flood Plain reaches an elevation
of 700.0 feet which, under the the Village's present regulations, would have
required the lowest habitable floor to be constructed at an elevation of at least
703.0 feet.
As such, the existing structure, constructed at approximately 699.96 feet, is an
existing nonconformity with respect to Flood Plain Regulations. Section 10-21
of the Village Code states in part:
(1) Alterations: A nonconforming structure shall not be
enlarged, replaced or structurally altered.
Based on the above requirement, the Salems have applied for a Variation from the
standard to permit an enlargement of this existing nonconforming structure.
MEMO: Ramez Salem - Flood Plain Variation ,(-17 Royal Vale Drive)
April 26, 1985
Page 2
The second Variation relates to the requirements of Section 10-50, Design.
Criteria for'Residential Structures. This section states in part that for
residential structures:
The lowest floor, including the basement, must be at an elevation
not less than that of the base flood elevation plus three (3) feet.
The proposed addition would be at an elevation of approximately 699.2 and
therefore, does not conform with the requirement. For the addition to conform
with this requirement, it would have to be constructed at an elevation of at
least 703.0 feet.
I have also attached the provisions of Section 10-35 which state the particular
requirements for the Village's review of Flood Plain Variations noting the par-
ticular standards which are required to be borne by the applicant.
Respectfully submitted,
d5z,�e `�e
Bruce F. Kapff
Assistant to the Village Manager
BFK/mf
att:
110-20 OAK BROOK CODE
governmental agencies from which approval is
required by federal or state law including Section 404
of the Federal Water Pollution Control Act Amend-
ments of 1972, 33 U.S.C. 1334. (Ord. No. G-217, § 2,
9-27-77; Ord. No. G-977, §§ 4-6, 1-27-81)
Sec. 10-21. Nonconforming structures and uses.
(a) Nonconforming Structures: Nonconforming structures
may remain in use subject to the following regulations:
(1) Alterations: A nonconforming structure shall not be
enlarged, replaced or structurally altered. A noncon-
forming structure accidentally damaged may be
restored unless the damage exceeds fifty (50) percent
of its replacement value, in which case it must
thereafter conform to this article. The building
commissioner shall determine the amount of damage.
(2) Construction approved prior to adoption of this
article: Proposed structures for which building permits
have been issued and all lots which have received
variations prior to their designation as nonconforming
by adoption of this article may be completed and used
as originally intended subject to the provisions of this
article relating to nonconforming structures and uses.
(b) Nonconforming Uses: Nonconforming uses may be
continued subject to the following regulations:
(1)' Extensions: A ' nonconforming use shall not be
expanded or moved to occupy any portion of the
premises, either land or structure, which was not
originally occupied by the nonconforming use.
(2) Discontinuance: Whenever a nonconforming use of
any premises has been discontinued for a period of
twelve (12) months, it may not be reestablished.
(3) Changes: A nonconforming use shall not be changed
to another or different nonconforming use. (Ord. No.
G-217, § 2, 9-27-77)
Secs. 10-22-10-30. Reserved.
Supp. No. 14 630
$ 10-49 OAK BROOK CODE
shall extend beyond the outside walls for a distance of at
least five (5) feet. The finished grade or surface of the area
beyond the aforesaid five-foot distance shall be graded and
surfaced so as to drain away from the walls to the natural
ground level over a distance of not less than five (5)
additional feet nor more than ten (10) additional feet. (Ord.
No. G-217, § 2, 9-27-77)
Sec. 10-50. Design criteria.
The following general design criteria shall apply to all
structures which may be authorized in floodplains:
(a) Structures:
(1) Residential: The:Z-Iowegf'21160,,` Mlu the
Iis'sement, must be at an elevation of not less than
that of the base flood elevation-plus =JUM
(2) Nonresidential: The lowest floor, including the
basement, must be at an elevation of not less than
that of the base flood elevation plus three (3) feet,
unless adequately floodproofed.
(b) Walls: The walls, floors, foundations and other
features which may be authorized for construction or
installation at or below the base flood elevation plus
three (3) feet must be designed to resist appropriate
hydrostatic pressures, including flotation.
(c) Anchoring: All authorized structures, including under-
ground tanks, shall be firmly anchored to prevent
flotation. Anchoring materials shall be rust resistant.
(d) Service facilities: To the maximum extent feasible, all
service facilities, such as electrical and heating
equipment, will be installed, constructed or otherwise
protected so as to remain operational should flood-
waters reach the base flood elevation plus five (5) feet.
Water supply and waste treatment systems shall be
designed and constructed so as to prevent the
entrance of floodwaters.
(e) Floodproofing: Where the lowest floor elevation
(including basement) is below the base flood elevation
Supp. No. 14
640
' I
PLANNING AND ZONING § 10-35
tion, "Flood-Proofing Regulations," June, 1972, GPO:
1973 0-505-026 edition, or any subsequent edition
thereof. (Ord. No. G-217, § 2, 9-27-77)
Sec. 10-35. Variations.
(a) [President and Board of Trustees May Grant:]
Variations to the provisions of this article may be granted
by the president and board of trustees upon recommendation
by the zoning board of appeals.
(b) Authority: The board of trustees shall decide all
applications for variations of the provisions of this division
after a public hearing held before the zoning board of
appeals on such notice as shall be required by the Illinois
Statutes for zoning variations. The.zoning board.of appedls
shall hold public hearings upon all applications for
variations and shall report its recommendations to the
board of trustees as to whether a requested variation would
be in harmony with its general purpose and intent, and
shall recommend a variation only where it shall have made
a finding of fact specifying the reason or reasons for
recommending the variation. Such findings shall be based
upon the standards prescribed in subsection (e) below. No
variation shall be granted by the board of trustees without
such findings of fact. In the case of a variation where the
zoning board of appeals fails to recommend the variation, it
can only be adopted by an ordinance with the favorable vote
of two-thirds of the trustees.
(c) Initiation: An application for a variation shall be in
triplicate and may be made by any governmental office,
department, board, bureau or commission, or by any person,
firm or corporation having a freehold interest, a possessory
interest entitled to exclusive possession, a contractual
interest which may become a freehold interest, or any
exclusive possessory interest applicable to the land or land
and improvements described in the application for a
variation.
(d) Processing. An application for a variation shall be
filed with the village clerk who shall forward one copy of
Supp. No. 14
637
a
LO-35 OAK BROOK CODE
such application to the zoning board of appeals for
processing in accordance with applicable statutes of the
State of Illinois and one copy to the board of trustees.
(e) Standards: The recommendation of the zoning board
of appeals and the decision of the president and board of
trustees on an application for a variation to the provisions
of this article shall be based on the following standards, the
burden of showing to be borne by the applicant:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the variation
would result in exceptional hardship to the applicant;
and
(3) A determination that the variation will not result in
increased flood heights, additional threats to public
safety, extraordinary public expense, create nui-
sances, cause fraud on or victimization of the public,
conflict with other existing ordinances, or conflict with
the intent of this article.
(f) [Conditions and Restrictions:] The zoning board of
appeals may recommend and the board of trustees may
require such conditions and restrictions upon the premises
benefited by a variation as may be necessary to comply with
the standards set forth in this section to reduce or minimize
the injurious effect of such variation upon other property in
the neighborhood, and to implement the general purpose
and intent of this article.
(g) [Insurance rates:] The village shall inform applicants
for variations that should a variation be granted to build a
structure with its lowest floor below the base flood
elevation, it could result in flood insurance premiums as
high as twenty-five dollars ($25.00) per one hundred dollars
($100.00) of insurance coverage. (Ord. No. G-217, § 2,
9-27-77; Ord. No. G-277, § 7, 1-27-81)
L-"--75ecs. 10-36-10-45. Reserved.
Supp. No. 14
638
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
May 30, 1985
654-2220
MEMO TO: Bruce F. Kapff, Assistant to Village Manager
FROM: Dale L. Durfey, Jr. , P.E.
SUBJECT: Ramez Salem - 17 Royal Vale Drive
Flood Plain Variations
I have reviewed the site plan submitted on March 15, 1985 and other supporting
data and offer the following comments:
1. The 100 year high-water elevation for this reach of Ginger Creek is 700.0.
The existing building top-of-foundation is elevation 699.96, which is 0.04'
below the 100 year high-water elevation.
2. The applicant's calculations state 50.2 cubic yards of compensatory flood
plain storage required and 51.2 cubic yards of compensatory flood plain
storage to be provided.
3. By correspondence to and from the Federal Emergency Management Agency (FEMA)
who administers the National Flood Insurance Program (NFIP) , they inform
me that the Flood Plain Management Regulations of NFIP do not apply since
this proposal does not constitute a substantial improvement to the existing
structure. However, since Oak Brook's flood plain regulations prohibit
additions in the flood plain area, a variance is necessary.
Additionally, FEMA informs me that, since this proposed development is not
a substantial improvement under NFIP's criteria, there will be no change in
the applicable flood insurance rates for this structure due solely to these
conditions. This comment speaks directly to Section 10-35(g) which states
that the Village shall inform applicants for variations that should a varia-
tion be granted to build a structure with its lowest floor below the base
flood elevation, it could result in flood insurance premiums as high as
$25.00 per $100.00 of insurance coverage.
4. The applicant should address the standards for a variation request as
depicted in section 10-35(e) .
Res�.ect�fully submitted,
i
Dale L. Durfey, Jr. , P.E. ,
Village Engineer
DLD/etg
6f`OF,OAKe
O W
OUN
VILLAGE OF OAK BROOK
1200 OAK BROOK. ROAD
OAK BROOK, ILLINOIS
654-2220
April 18, 1985
Dear Resident,
The Oak Brook Plan Commission and/or Zoning Board of Appeals, and the Village
Board will be considering a:
X F1oo4 g}aain Variations
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 Ramez Salem
Name of applicant
17 Royal Vale Drive
Address
Relationship of applicant Owner
to property
N/A
Name of Subdivision (if applicable)
The property in question is situated at: 17 Royal Vale Drive
We have attached a map of the area to assist you in determining your relation-
ship to the property in question. The request which has been made is as follows:
1) A Variation from the provisions of Section 10-21(a) (1) to permit construction
of an addition to a Nonconforming Structure,
2) A Variation from the provisions of Section 10-50(a) (1) to permit construction
of the lowest floor of an addition at an elevation of less than three feet
above the Base Flood Elevation.
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,
John H. Brechin
Village Manager
_TAR/ms
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 May 7, 1985
Board of Trustees Meeting, . . . . . . . . . . . . . . . . . .7:30 P.M. Tuesday May 14, 1985
MAP OF AREA
3E
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LEGAL NOTICE
VILLAGE OF OAK BROOK
DU PAGE AND COOK COUNTIES,ILLINOIS
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN Vista public INar l before the Zon-
ing Board of Appeals of the VAla9e of Oak Brook.DuPage and Code
Coumles.Onois,will be hold an May 7,1985 at 7:30 P.M.in the PUBLISHER'S CERTIFICATE
Oak Brook Village Hail,1200 Oak Brook Road,Wricis,for the our-
pow of considering the application of Remez Saiern for Flood Plain
Willson for construction within the Ginger Creek Flood Plain as
prorlded under Chapter 10 of the VlMape code of the Village of Oak
Brook ur,aa,Or rwtce G-e0,as amended. THIS IS TO CERTIFY That the notice, a true copy of which is attached to this
,p'nsl'"°"`f �°s""°"°a the Village F'°°°Plain certificate, Has published in THE OAK BROOK DOINGS once each week for
am 1)A Variation from the provisions of Section 10.21(aH 1)to per-
mit construction of an addhim to a NoneerAamrq Structure
located in the Ginger Creole Flood Plain,and
2)A Variation fmmm.provisions of Section I0.50(a)(1)10permit -------------------------QD-e................................. weeke-��; that the date
construction of the lowest floor of the proposed addition at an
elevation of law then three feet above the Base Flood Elevation as
mooed by ordinance. of the f r96-publication was the......--•-------------- 1Q
. . ...----......day of
The
property y«wnlyde cribedas 17RoyaivaieDrive. th
Oak Brook.I and the legal description is as follows:Lot 48 in
Ginger Creek.Being a Subdivision of Darla of sections 27 and 28.
Township 39 North.Range 11 East of the Third P,44311111 Meridian -.j� y�,j-----------A.D., 19.85..•
according to the Plot thereof,Recorded December 30,1980 as
Doaansrn No.992057 In DuPage Caxrty iiwia.
Pu No.
N persons dwrrg lo be hares In support of or8.00 opposition to the 4&. ....." -�
proposed Vanalors or any provision thereof.will be afforded an ... ...
opportunity to do w and may submit their sht m is orally Or in
AND IT I$ FURTHER CERTIFIED That THE E OAK BROOK DOINGS is a
no"n:a t d The may another if secular newspaper of general circulation, published weekly in the Village
rg or le oven by newspaper publication rat less than live(5)days of Hinsdale, County of DuPage, State of Illinois, and circulated generally
prior to the data of Ise recessed hearing. f, 111e„kosil in the Villages of Hinsdale, Clarendon Hills, Oak Brook, Willowbrook, Burr
viNatheZoClerk Ridge, adjacent unincorporated and incorporated areas, and in DuPage and
Publlehed at the direction d the Corporate Authorities and the Zon-
Ing Board d Appeals d the Vwge d Oak Brook,DuPage and Cook Cook Counties, Illinois, and in other areas; that said THE OAK BROOK
PPublishheed 'Oak Brook Doings April 18,1985. 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, 1 1; and is also a "newspaper" as defined by
Section 1 of "An Act concerning the publication of legal notices", 1909, June
8, Laws 1909, p. 288, 1 1, 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
OAK BROOK DOINGS has affixed his hand and seal this
-•----•• 18.th.--.....day of...AprZ;U............. A.D. 19$.5 ...
Publishers Charge...$3.1..7.4......
Publisher
M�^
Federal Emergency Management Agency
Region V 300 South Wacker, 24th Floor, Chicago, 1L 60606 (312) 353-1500
April 10, 1985
Dale L. Durfey, Jr. Y.E. �r L'
Village Engineer
Village of Oak Brook
1200 Oak Brook Road I 1. VILLAGE OF OAK 6F0OK, L.
Oak Brook, Illinois 60521 f'rJ� ENGINEERING DEPT.
Dear Mr. Durfey:
We have reviewed your April 1, 1985 letter and attached plats of
survey .(enclosed) for the Ramez Salem property. Since this proposal
does not constitute a substantial improvement to the existing struc-
ture, the floodplain management regulations of the National Flood
Insurance Program (NFIP) do not apply. However, since Oak Brook's
floodplain regulations prohibit new construction and additions in the
Special Flood Hazard Area, a variance to the appropriate local statute
will be necessary.
Since this proposed development is not a substantial improvement under
the NFIP's criteria, there will be no change in the applicable flood
insurance rates for this structure due solely to these additions.
Sincerely,
tuart A. Rifkis�d, Chief
Natural Hazards Branch
Natural & Technological Hazards Division
Enclosure
jr
VILLAGE OF OAK BROOK Minutes -4- April 9, 1985
C. Library Automation Equipment - Request to Purchase
Specific equipment had been purchased to tie into the DuPage Library System
(DLS) as authorized at the Regular Meeting of July 26, 1983. Additional
equipment is necessary to complete the automation program.
Trustee Rush moved, seconded by Trustee Imrie. ..
To authorize the purchase of Model 850 Laser Composite Station from CLSI-
DuPage Library System in the total amount of $6,750.00, and Support System
for Model 850 Laser Composite Station from the DuPage Library System in the
total amount of $8,500.00, and to waive the bidding requirement due to the
Intergovernmental Agreement with the DuPage Library System (DLS).
ROLL CALL VOTE: Ayes: Trustees Imrie, Listecki, Rush and President Cerne.
Nays: None
Absent: Trustees Maher, Philip and Watson. So ordered.
D. Stabling Tract - Fence and Parking Variations (Sports Core, 710 Oak Brook
Road)
Trustee Rush moved, seconded by Trustee Listecki. ..
To table this matter until such meeting as the Agreement with the Butler
Company and supporting exhibits as discussed at the Committee-of-the-Whole
Meeting of April 8, 1985 are in form acceptable to the Village Attorney.
VOICE VOTE: All present, in favor. So ordered.
E. Referral
With no objection President Cerne made the following referral:
Ramez Salem - Flood Plain Variations (17 Royal Vale Drive) - Referred to the
Zoning Board of Appeals Meeting of May 7, 1985.
F. 1985 Consolidated Election - Canvass Results
President Cerne reported on the results of the Canvass of Votes held on
April 8, 1985 as required by statute. Minutes of same are attached.
The Canvassing Board declared the candidates elected to the Office of
Trustee - Four (4) Year Term to be:
Karen M. Bushy - 410
H. Richard Winters -401
Walter C. Imrie - 388
G. Open Forum
No one appeared.
VII ADJOURNMENT
Trustee Rush moved, seconded by Trustee Listecki. ..
To adjourn this meeting and meet in Executive Session to discuss prospective
litigation. TIME: 9:07 P.M.
ROLL CALL VOTE: Ayes: Trustees Imrie, Listecki, Rush and President Cerne.
Nays: None
Absent: Trustees Maher, Philip and Watson. So ordered.
I
VILLAGE OF OAK BROOK Minutes -4- April 9, 1985
O4Ar
�COUNt't`
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
April 1, 1985
654-2220
Mr. David L. Schein
Flood Plain Management Specialist .
Natural & Technological Hazards Division -
Natural Flood Insurance Program
Federal Emergency Management Agency
. 300 South Wacker Drive
Chicago, Illinois 60606
RE: Ramez Salem - Flood Plain Variations
Lot 48 - Ginger Creek
17 Royal Vale Drive
Dear Dave:
Enclosed please find two (2) plats of survey on which have been marked existing
structures and existing contour lines and proposed structures and proposed contour
lines. As you can see, the Village has a request to grant flood plain variations to
this property so that a garage and living area can be added to an existing home.
Since the 100 year high water level of Ginger Creek at this location is at elevation
700.0, the entire lot falls within :.the flood plain; additionally, a minor portion
of the rear lot falls within the floodway.
My question is this: Under the National Flood Insurance Program (NFIP) , can the
Village of Oak Brook issue a building permit to construct the habitable portion of
the building addition at the same elevation of the top-of-foundation of the existing
residential structure even though the top-of-foundation of the existing and proposed
residential structures are 0.04' below the high water level?
I understand that the Village of Oak Brook can issue a building permit for the
garage portion which will be below the 100 year level because the garage is not
deemed to be a habitable portion of a residential structure. If this interpretation
is incorrect, I would appreciate your correcting me on the garage issue.
I believe that this application is the first of its kind to come before the Village
of Oak Brook; therefore, your review and determinations of this question would be
appreciated for both this application and any future/cerelivy,i ations which may be filed.
Si
'V
Dale L. Durfey, Jr., P.E. ,
DLD/etg Village Engineer
cc: John H. Brechin, Village Manager
Bruce F. Kapff, Assistant to Village Manage Martens, Village Attorney
G�OF Oqk 4
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9CcCOUNt� `��
VI LLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
654-2220
March 29, 1985
Dr. Ramez Salem
17 Royal Vale Drive
Oak Brook, Illinois 60521
RE: Flood Plain Application
Dear Dr. Salem:
As we discussed ,yesterday on the phone, the Village Staff has now had an
opportunity to review your proposed house additions with respect to their
impact on the Ginger Creek Flood Plain.
Your original application was for a Flood Plain Special Use Permit, which,
based on the limited information presented with the original application, was
felt to be the appropriate relief required. However, instead of a Special .
Use Permit, it was determined that you need to receive two specific Variations
from the Village's Flood Plain Regulations.
The existing house, constructed with a top of foundation elevation of 699.96,
with respect to Flood Plain Regulations, is what the Village would consider
an existing non-conformity. Specifically, the Village's Flood Plain Regula-
tions require construction of residential structures with a lowest habitable
floor at an elevation of no less than 3 feet above the 100 Year Flood.Plain.
The Flood Plain adjacent to your property is at an elevation of 700, which
would therefore require a lowest floor elevation of at least 703.00.
I have noted on the attached pages 630, 640 the two specific sections of the
Flood Plain Regulations for which Variations are required. I have also attached
pages 637 and 638 which contain the specific standards which govern the review
of Variation requests.
The Zoning Board of Appeals will review these two Variations at its May 7, 1985
meeting, which is held at 7:30 P.M. in the S.E. Dean Board Room in the Village
Commons. Folders containing all necessary review material are sent to Zoning
Board Members on Friday, May 3rd. Therefore, it is necessary for you to submit
any written information to this office no later than Monday, April 29, 1985, in
RE: Salem - Flood Plain Application
March 29, 1985
Page 2
order to be included in those folders. It will also be necessary for someone
representing this application, to be present at the Zoning Board hearing.
Should you have any further questions in this regard, please feel free to
call.
Sincerely,
Bruce F. Kapff
Assistant to the Village Manager
BFK/mf
cc: John H. Brechin, Village Manager
Richard A. Martens, Village Attorney
Dale L. Durfey, Jr. , P.E. , Village Engineer
James E. Clark, Fire Chief & Building Commissioner
Marianne Lakosil, Village Clerk
ADDITIONAL SURROUNDING RESIDENTS:
Ramez Salem - Flood Plain Variations
(17 Royal Vale Drive)
06-28-204-002 Pedro Cusaclang
4 Cochise Court, O.B.
-005 Manohar Jasvja
20 Royal Vale Drive, O.B.
-006 William Dimas
18 Royal Vale Drive, O.B.
208-007 Alice Kleanthis
21 Royal Vale Drive, O.B.
-008 Bank of Elk Grove
Trust #2082
100 East Higgins Road
Elk Grove Village, IL 60007
205-002 Balasubramaniam S. Iyer
First National Bank of Oak Park
11 West Madison Street
Oak Park, IL 60302
-003 E. M. Tortoriello
16 Royal Vale Drive, O.B.
-004 Bahrooz Eshagy
12 Foxiana Court, O.B.
209-001 Nicholas Frankovelgia
15 Royal Vale Drive, O.B.
-002 Hong-Ming Lay
11 Royal Vale Drive, O.B.
210-001 Ginger Creek Community Association
4 Arden Court, O.B.
211-001 William Parrillo
40 Baybrook, O.B.
-002 Downers Grove National Bank
Trust 477-290
Main & Curtiss
Downers Grove, IL 60515
•
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
654-2220
March 29, 1985
MEMO TO: Planning & Zoning Staff
FROM: Bruce F. Kapff, Assistant to Village Manager
SUBJECT: Ramez Salem - Flood Plain Variations
(17 Royal Vale Drive)
This is to advise you that the above subject is the correct title for
the application of Ramez Salem.
Respectfully submitted,
Bruce F. Kapff
Assistant to Village Manager
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
654-2220
March 29, 1985
I
Dr. Ramez Salem
17 Royal Vale Drive
Oak Brook, Illinois 60521
RE: Flood Plain Application
Dear Dr. Salem:
As we discussed yesterday on the phone, the Village Staff has now had an
opportunity to review your proposed house additions with respect to their
impact on the Ginger Creek Flood Plain.
Your original application was for a Flood Plain Special Use Permit, which,
based on the limited information presented with the original application, was
felt to be the appropriate relief required. However, instead of a Special
Use Permit, it was determined that you need to receive two specific Variations
from the Village's Flood Plain Regulations.
The existing house, constructed with a top of foundation elevation of 699.96,
with respect to Flood Plain Regulations, is what the Village would consider
an existing non-conformity. Specifically, the Village's Flood Plain Regula-
tions require construction of residential structures with a lowest habitable
floor at an elevation of no less than 3 feet above the 100 Year Flood Plain.
The Flood Plain adjacent to your property is at an elevation of 700, which
would therefore require a lowest floor elevation of at least 703.00.
I have noted on the attached pages 630, 640 the two specific sections of the
Flood Plain Regulations for which Variations are required. I have also attached
pages 637 and 638 which contain the specific standards which govern the review
of Variation requests.
The Zoning Board of Appeals will review these two Variations at its May 7, 1985
meeting, which is held at 7:30 P.M. in the S.E. Dean Board Room in the Village
Commons. Folders containing all necessary review material are sent to Zoning
Board Members on Friday, May 3rd. Therefore, it is necessary for you to submit
any written information to this office no later than Monday, April 29, 1985, in
I_
RE: Salem - Flood Plain Application
March 29, 1985
Page 2
order to be included in those folders. It will also be necessary for someone
representing this application, to be present at the Zoning Board hearing.
Should you have any further questions in this regard, please feel free to
call.
Sincerely,
Bruce F. Kapff
Assistant to the Village Manager
BFK/mf
cc: John H. Brechin, Village Manager
Richard A. Martens, Village Attorney
Dale L. Durfey, Jr. , P.E. , Village Engineer /
James E. Clark, Fire Chief & Building Commissioner,/
Marianne Lakosil, Village Clerk
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COUNtr,•`'?
VI LLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
February 22,, 1985 654-2220
Mr. David Wilner
223 West Erie Street
Chicago, Illinois 60611
RE: 17 Royal Vale
Dear Mr. Wilner:
Following our discussion of February 13, 1985, you indicated you would proceed to
forward the necessary plans for further Staff review of a proposed addition to the
above property. Specifically, you indicated you would be forwarding 18 copies of
a site plan noting existing and proposed topography as well as the location of the
proposed addition. As we discussed, provision of this preliminary information will
permit our Village Engineer to review the effect on the Ginger Creek flood plain
caused by the proposed addition construction and any associated regrading of the
property. You also indicated that it would probably be possible to provide for the
required compensatory storage and would so indicate your design calculations on the
revised plans.
As I have not heard from you since that discussion, I felt it necessary to re-establish
contact with you in order to determine whether or not the necessary information will be
forthcoming. Should you require any further information concerning the application re-
quirements, please feel free to call. As I indicated to you, once the Village has this
preliminary information, we can then review it and determine if any subsequent engin-
eering data is necessary.
The next filing deadline for a hearing of this subject by the Village is March 15, 1985.
Assuming these revised plans are submitted by that date, this application will be heard
by the Plan Commission at its meeting of April 15 and the Zoning Board of Appeals at
its meeting of May 7, 1985. Recommendations from both of these hearing bodies will then
be forwarded to the Village Board for consideration at their meeting of May 14, 1985.
Assuming the Village Board approves granting of the required Flood Plain Special Use
permit, it would then consider passage of the necessary Ordinance approving same, at
their May 28, 1985 meeting.
Sincerely,
Bruce F. Kapff
Assistant to the Village Manager
BFK/mf
cc: Dr. Ramez Salem, 17 Royal Vale Drive, Oak Brook, Illinois 60521
Marianne Lakosil, Village Clerk
Dale L. Durfey, Jr. , P.E. , Village Engineer
,,e°_1 Corcoran, 7025 North Sheridan .^.cad, Chicago, Illinois 60626
• •
david wilner associates, ltd.
interior design • architecture
223 west erie street, Chicago, illinois 60610
phone (312) 280-9111 david wilner, architect/ASID
fames eric gadient/ASID
lisa o'dwyer
MR. BRUCE F. KAPFF
ASSISTANT TO THE VILLAGE MANAGER
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 FEBRUARY 28, 1985
MR. KAPFF,
FURTHER TO YOUR LETTER OF FEBRUARY 22, 1985, PLEASE BE ADVISED THAT
WE HAVE RETAINED THE ENGINEERING FIRM OF BOLLINGER, LACK & BIANCALANA,
INC. OF OAK BROOK TO PREPARE A SITE PLAN LOCATING THE ADDITION AND THE
FINISHED GRADES REQUISITE TO COMPLYING WITH COMPENSATORY STORAGE
REQUIREMENTS.
WHEN THIS WORK HAS BEEN COMPLETED MY CLIENT, DR. M. RAMEZ SALEM, WILL
SUBMIT THE DOCUMENTS TO THE PLAN COMMISSION FOR REVIEW AND CONSIDERATION.
I HAVE BEEN ADVISED BY THE ENGINEERS THAT THIS WORK SHOULD BE COMPLETED
IN TIME FOR THE MARCH 15TH FILING DEADLINE.
SINCERELY,
DAVID 411LNER�ARCHITECT
CC OR. SALEM D �ran�,n
NEIL CORCORAN
MAR n 1 1985
VILLAGE OF OAK BROOK, IL,
ADMINISTRATION
MEMBERS:AMERICAN SOCIETY OF INTERIOR DESIGNERS
�- ' ORDINANCE
� VILLAGE OF
ZONING .- FLOOD PLAIN
OAK BROOK
1200 OAK BROOK ROAD M APPEAL VARIATION
OAK BROOK, ILLINOIS 60521 $100 $300
654-2220 /
VARIATION SPECIAL USE
��--------!! $300 $675
APPLICATION FOR PUBLIC HEARING
�--I AMENDMENT
TO BE FILED WITH VILLAGE CLERK u $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.
--------------------------------- ------------------------------ ---------------------------------
r,'or"N�., W,�IE IN ' iIS SPACE -.- FOR OFFICE USE ONLY
Date Filed: —!l/y - y Board of Trustees Referral
Notice Published: 7 -//- gf Newspaper: �0I,4-4>
Date Adjacent Property Owners Notified: Y-y- $S Staff Referral: 27-95
Public Hearing Dates: Plan Commission Y-/3;7- 2?-5 Zoning Board of Appeals 5-7-gs
Board of Trustees Board of Trustees
(Approval of Ordinance)
C � �
FEE PAID: $ ' .� Receipt No. : I �._� Jz Received By: � C " --)'t
�C' ,
Village Clerk'
---------------------------------------------------------------------------------------------------
APPLICANT TO COMPLETE
LOCATION OF SUBJECT PROPERTY: PERMANENT PARCEL NUMBER n
LOT NO. SUBDIVISION �7=k�.r Creek. ADDRESS C pva I V/101
ZONING ZONING ORDINANCE SECTION
ACTION REQUESTED ; pip r� 0 S0 !-Dl� ��aoaQ C7�1 L Cc ✓' E4'
PROPERTY INTEREST OF APPLICANT: OWNER CONTRACT PURCHASER �� AGENT rx .�
u \
OWNER S) OF RECORD R,k m e—2— �s /e vl-, PHONE NUMBER 69/Z 1 et
ADDRESS A 'Jp ZIP
BENEFICIARY(IES) OF TRUST: PHONE NUMBER
ADDRESS ZIP
NAME OF APPLICANT S / ( �/' of a,.. PHONE NUMBERC3Z,) -- I
ADDRESS 0 S�e�^,sct[;� /_, �3_� n . _ ZIP
I (we) certify that all of the above statements and the statements contained in any papers
or platys submitted herewith are true to the best of my (our) knowledge and belief.
(sig ature)- Applicant Date (signature)"
signature Applicant Date
1� 1r �
NOTIC AP LI T
Filing Schedule
VARIATION: MUST BE RECEIVED APPROXIMATELY SIX (6) WEEKS PRIOR TO THE
PUBLIC NEARING HELD ON THE FIRST TUESDAY OF EACH MONTH.
AMENDMENT OR
SPECIAL USE: MUST BE RECEIVED PRIOR TO UIE 15T11 OF T11E MONT11 FOR PLAN
COMMISSION HEARING ON THE T11IRD MONDAY OF THE FOLLOWING
MONTH, WITH ZONING BOARD PUBLIC 1-IEARING TO FOLLOW.
A Variation is a zoning adjustment which permits minor changes of district require-
ments where individual properties are both harshly and uniquely burdened by the
strict application of the law. The power to vary is restricted and the degree of
Variation is limited to the minimum change necessary to overcome the inequality
inherent in the property.
1. A Variation recognizes that the same district requirements do not affect all
properties equally; it was invented to permit minor changes to allow hardship prop-
erties to enjoy equal opportunities with properties similarly zoned. You must
prove that your land is affected by special circumstances or unusual conditions.
These must result in uncommon hardship and unequal treatment under the strict ap-
plication of the Zoning Ordinance. Where hardship conditions extend to other prop-
erties a Variation cannot be granted. The remedy for general hardship is a change
of the map or the text of the Zoning Ordinance.
2. You must prove that the combination of the Zoning Ordinance and the uncommon
conditions of your property prevents you from making any reasonable use of your
land as permitted by your present zoning district. Since zoning regulates land and
not people, the following conditions cannot be considered pertinent to the applica-
tion for a Variation: (1) Proof that a Variation would increase the financial re-
turn from the land, (2) Personal hardship, (3) Self-imposed hardship. In the last
case, the recognition of conditions created after the enactment of the Zoning Ordi-
nance would encourage and condone violation of the law.
3. No Variation may be granted which would adversely affect surrounding property
or the general neighborhood. All Variations must be in harmony with the intent and
purposes of the Zoning Ordinance.
Names of Surrounding Property Owners
Following are the names and addresses of surrounding property owners from the
property in question for a distance of 250 feet in all directions, and the number
of feet occupied by all public roads, streets, alleys, and public ways have been
excluded in computing the 250-foot requirement. Said names are as recorded in the
office of the County Recorder of Deeds (or the Registrar of Titles of the County)
and as appear from the authentic tax records of this County.
.� Name Address
41, tT ,f��V�C> 1-00 4J��
156
C 6 S GENERAL CONTRACTING
512 LEE STREET J �^ '
--_______/-�------_19_. . -� 2-1099
EVANSTON, ILLINOIS 60202 Y710
PAY TO r7 .- C3 d
ORDER OF THE 6 ( 3
_DOLLARS
LIBERTY FEDERAL SAVINGS
O AND LOAN ASSOCIATION OF CHICAGO i
5-N.L-OLN AVENUE•GHMAGO.KLWOI!EOElf 1
MEMO -
m1: 2? 10?09951: olIsG
40
Ordinance No. S- 560
Granting a Variation from
Section 10-21(a)(1) and
Section 10-50(a)(1) of the
Code of Ordinances
(17 Royal Vale Drive)
Page two
-j
Village President
ATTEST:
.Villa e Clerk
i
Approved as to Form:
Village Attorney
Published
Date Paper
. Not Published xx