Loading...
S-589 - 06/24/1986 - VARIATION - Ordinances ORDINANCE NO. S-589 AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK RELATIVE TO DRIVEWAY WIDTH NUMBER OF PARKING SPACES AND FRONT YARD SETBACK 55821 York•Road) WHEREAS, an application has been filed requesting certain variations for property located at 3823 York Road, Oak Brook, Illinois relating to driveway width, number- of parking spaces and front yard setback requirements of the Oak Brook Zoning Ordinance; and WHEREAS, said Zoning Board of Appeals pursuant to due and appropriate legal notice conducted a public hearing thereon on June 3, 1986 and has recommended the granting of the variations; and WHEREAS, the said Zoning Board of Appeals made explicit findings in its report dated June 6, 1986 that the variations requested meet the applicable standards of Section XIII(G)(4) of the Oak Brook Zoning Ordinance; and WHEREAS, the corporate authorities concur with the recommendations and findings of the Zoning Board of Appeals; 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: Sect,: That the provisions of the preamble hereinabove set forth are hereby incorporated herein as though fully set forth. Section 2: That the variations granted herein pursuant to this Ordinance are limited to the property located at 3823 York Road, Oak Brook, Illinois, which, pr-operty is legally described as: Lot 4 in Graue's Assessment Plat No. 2 of part of the West half of the Southeast Quarter. of Section 36, Township 39 North, Range 11 East of the Third Principal Meridian, in York Township, according to the Plat thereof recorded March 19, 1947 as Document No. 517568, in Du Page County, Illinois. Permanent Parcel No. 06-36-405-003. Section 3:� That the following variations are hereby granted from the provisions of the Oak Brook Zoning Ordinance of the Village of Oak Brook, Ordinance G-60, as amended. A. A Variation from the provisions of Section XI(E)(4)(a) (2)(iii) to permit the continuance of an entrance driveway approximately 55 feet in width, which exceeds the 30-foot maximum width permitted. B. A Variation from the provisions of Section XI(E)(8) to reduce the required number of parking spaces by having the office and retail uses in the proposed structure share the parking area by providing 60 spaces for store and office uses rather than 80 as required by Section XI(E)(8). C. A Variation from the provisions of Section VIII(E)(4) to permit the continued use of the existing structure on the Subject Property and construction of a building addition with an approximate 91-foot Setback from York Road, which is less than the 100-foot Required Setback. Section 4: That the Variations herein granted in Section 3 of this Ordinance are expressly subject to the conditions: - Ordinance No. S-589 Granting Variations Relative to Driveway Width, Number of Parking Spaces and Front Yard Setback (3823 York Road) Page two 1. That all land modifications and construction on the Subject Property be done in substantial conformity with 1) the Site Plan Layout drawn by Norman A. White and Associates, Inc., as last revised June 18, 1986, a copy of which is attached hereto, labelled Exhibit A and made a part hereof; 2) the Elevations drawn by the same firm as last revised May 12, 1986, a copy of which is attached hereto, labelled Exhibit B and made a part hereof; and 3) the Site Improvement Plan drawn by Donald G. Eddy Company, as last revised May 16, 1986, a copy of which is attached hereto, labelled Exhibit C and made a part hereof. 2. That the owner of the Subject Property shall execute and deliver to the Village a covenant covenanting the construction of an additional number of parking spaces required to bring the total number of spaces into conformance with the present zoning requirements, that is, 80 parking spaces, upon a finding by the Village that the existing parking is inadequate. "Inadequate" for purposes of said covenant shall mean any time when non— permitted areas are utilized for parking purposes in any five (5) days of any thirty (30) day period as determined by the Village. Said covenant shall be in form and substance acceptable to the Village as approved by its Village Attorney. Section 5: That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. PASSED THIS 8th day of Jury 1986. Ayes: Trustees Bushy, Imrie, Maher , Rush and Winters Nays: None Absent: Trustee Philip APPROVED THIS day of , 1986. Village President ATTEST: Village Clerk Approved at to Form: Published Date Paper t / Village Attorney XY Not Published VILLAGE OF OAK BROK MINUTES OF THE REGULAR MEETING July 8, 1986 MEETING CALL The Regular Meeting of the Board of Trustees was called to order by President Cerne in the Samuel E. Dean Board Roam of the Village Commons at 7:35 P.M. I. 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 II. APPROVAL OF MINUTES: Trustee Bushy moved, seconded by Trustee Rush... That the Minutes of the Regular Meeting of June 24, 1986 be approved as presented and waive reading of same. VOICE VOTE: All present, in favor. So ordered. III. ORDINANCES AND RESOLUTIONS: A. ORDINANCE NO. S-588 AN ORDINANCE MAKING AN APPROPRIATION FOR THE GENERAL CORPORATE FUND, FOR THE MOTOR FUEL TAX FUND, FOR THE RE NUE MMZWU�W THE SPORTS CORE T N FOR OR THE FIREMEN'S PENSION FUND AND FOR SPECIAL SERVICE AREA T THE FISCAL YEAR BEGINNING ftY 1. 1986 AND ENDING AFRIL JU049g Public Hearing of July 8, 1986 held prior to this Regular Meeting pursuant to State Statute. Total amounts appropriated to each fund were briefly discussed. Trustee Imrie moved, seconded by Trustee Bushy... To pass and approve Ordinance No. S-588 as presented and waive reading of save. ROLL CALL VOTE: Ayes: Trustees Bushy, Imrie, Maher, Rush, Winters and President Cerne. Nays: None Absent: Trustee Philip So ordered. BO. ORDINANCE NO. S-589 AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF THE ZONING DI THE VILLAGE F AK B OOK RELATIVE TO DRIVEWAY WIDTH, NUMBER OF PARKING SPACES AND NT YARD SETBACK (3823 York Road). As directed at the Regular Meeting of June 24, 1986. Trustee Bushy moved, seconded by Trustee Winters... To pass and approve Ordinance No. S-589 as presented and waive reading of sane. VILLAGE OF OAK BROOK Minutes -1- July 8, 1986 VILLAGE OF OAK BROOK Minutes -2- July 8, 1986 ROLL CALL VOTE: Ayes: Trustees Bushy, 1mrie, Maher, Rush, 'Minters and President Cerne. Nays: None Absent: Trustee Philip So ordered. C. ORDINANCE NO. S-590 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CONSTRUCTION ALLOW TION 10-34 6P TRE CM OF ORDINANCES OF THE VILLAGE 5F OAK BROOK, ILLINOI9 York a As directed at the Regular Meeting of June 24, 1986. Trustee Bushy moved, seconded by Trustee Rush... To pass and approve Ordinance No. S-590 as presented and waive reading of sane. ROLL CALL VOTE: Ayes: Trustees Bushy, Imrie, Maher, Rush, Winters and President Cerne. Nays: None Absent: Trustee Philip So ordered. D. ORDINANCE NO. S-591 AN ORDINANCE GRANTING A VARIATION TO ALLOW CONSTRUCTION OF A STRUCTURE IN A FLOOD PLAIN PURSUANT N 10-35 OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK, INOIS or a As directed at the Regular Meeting of June 24, 1986. Trustee Bushy moved, seconded by 'Trustee Rush... To pass and approve Ordinance No. S-591 as presented and waive reading of sane. ROLL CALL VOTE: Ayes: Trustees Rushy, Imrie, Maher, Rush, Winters and President Cerne. Nays: None Absent: Trustee Philip So ordered. E. ORDINANCE NO. S-592 AN ORDINANCE APPROVING GATEWAY DEVELOPMENT PLAN APPROPRIATENESS AND ISSUING CERTIFICATE OF or a As directed at the Regular Meeting of June 24, 1986. Trustee Bushy moved, seconded by Trustee Maher..: To pass and approve Ordinance No. 5-592 as corrected and waive reading of sane. ROLL CALL VOTE: Ayes: Trustees Bushy, Imrie, Maher, Rush, Winters and President Cerne. Nays: None Absent: Trustee Philip So ordered. F. ORDINANCE NO. 6-382 AN ORDINANCE AMENDING SECTION 1 THE TRAFFIC REGULATIONS OF THE VILLAGE OF OAK BXWK, JLLINU13 TU ESTAULI�N S FOR ACCIDENT REPORTS. As directed at the Regular Meeting of June 24, 1986. Trustee Bushy moved, seconded by Trustee Imrie... To pass and approve Ordinance No. G-382 as corrected and waive reading of sane. VILLAGE OF OAK BROOK Minutes -2- July 8, 1986 ' • G�pF OAKA • C�COUNS'�,`•• VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 May 29, 1986 MEMO TO: Zoning Board of Appeals FROM: Bruce F. Kapff, Assistant to Village Manager SUBJECT: . Malloy - Parking Variations (3823 York Road) Emmett Malloy, as owner of the above property, has made application to construct a building addition as well as additional parking area modifications to the Sav-Way liquor store. The proposed construction, as well as certain existing conditions, require the approval of three zoning variations as follows: 1) A Variation from the provisions of Section XI(E)(4) (a) (2) (iii) to permit the continuance of. an entrance driveway approximately 45 feet in width which exceeds the 30-foot maximum width permitted. The driveway in question is at the southwest corner of the property and is presently 60 feet in width measured at the property line. Mr. Malloy has proposed reducing that width to 45 feet, but maintains that any further reduction would be inappropriate due to required maneuver room for semitrailers entering the site. Although the path for trucks entering from the South is the most restrictive at this entrance, it would appear that the path for trucks entering from the North could be shifted to the South, thus allowing a further reduction in this driveway width and also providing additional room for landscaping along York Road. 2) A Variation from the provisions of Section XI(E) (a) to reduce the required number of parking spaces by having the office and retail uses share the parking area by providing 60 spaces for store and office uses rather than the 80 as required by Ordinance. The requirement for 80 parking spaces was computed as follows: The total retail area of 14,548 square feet requires one parking space for every 250 square feet of area plus an additional parking space or a total of 59 parking spaces servicing the retail area of the building. The office area of 6,368 square feet requires one space for every 300 square feet of area or 21 spaces. Therefore, the total requirement for the entire building is 80 parking spaces. The variation is requested from the provisions of Section XI(E) (a) COLLECTIVE PROVISION which states as follows: "Off-street parking facilities for separate uses may be RE: Malloy - Parking Vaistions • May 29, 1986 Page 2 provided collectively if the total number of spaces so provided is not less than the sum of the separate requirements for each such use and provided that all regulations governing location of accessory parking spaces in relation to the use served are adhered to." The May 12th Site Plan shows an additional future parking area at the southeast corner of the site which could be utilized to fulfill the Village's requirements. 3) A Variation from the provisions of Section VIII(E) (4) to permit construction of a building addition with an approximate 91-foot setback from York Road which is less than the 100-foot required setback. At the time the original building was constructed in 1969, the Zoning Ordinance required a 100-foot setback from York Road. According to Mr. Malloy, he was advised at that time to situate the building as constructed based on a 100-foot measurement along an east/west line from the York Road right-of-way and not from the closest point of York Road which results in the 91-foot measurement. The Zoning Ordinance defines "setback" as "a minimum horizontal distance between a street line and any part of a structure" and, therefore, the Village should have required the original structure to be 100 feet back from York Road. The requested variation is to permit construction of the proposed addition at the existing nonconforming setback of approximately 91 feet in order to architecturally conform to the existing building. 4) A Variation from the provisions of Section XI(D) (7) to reduce the required number of off-street loading berths from 3 to 2. At the time this variation was requested, the Village's Ordinance required 2 loading berths for the office area, and one loading berth for the retail area. The Village Board, at its May 27th meeting, approved a Text Amendment to the Zoning Ordinance which, in effect, would reduce the required number of loading berths for the office area to one and, therefore, a total of 2 loading berths for the entire structure as presently proposed. Therefore, no variation is required from the current loading berth standards. The Zoning Board, in its review of requests for variations, is required to utilize the provisions of Section XIII(G) of the Zoning Ordinance, copy attached. Respectfully submitted, Bruce F. Kapff Assistant to Village Manager BFK/jr Attachment 7. �/ Sec. XIII OAK BROOK CODE give due notice thereof to parties and shall decade the appeal within reasonable time. The Board may reverse or affirm, wholly or partly, or may modify the order, requirement or decision or determina- tion as in its opinion ought to be made on the premises and to that end has all the powers of the official from whom the appeal is taken. (4) Decisions: All decisions, after hearing of the Zoning Board of Appeals on appeals from an administrative order, requirement, decision, or determination of the Building Inspector or other authorized official of the Village of Oak Brook, shall, in all instances, be final administrative determinations and shall be subject to judicial review only in accordance with applicable Statutes of the State of Illinois. (G) Variations. (1) Authority. The Board of Trustees shall decide all applications for variations of the provisions of this ordinance after a public hearing held befc:•.e the . Zoning Board of Appeals on such notice as shall be required by the Illinois Statutes. The Zoning Board of ~�- Appeals shall hold public hearings upon all -pplica- tions for variations and shall report its recomme,ada- tions to the Board of Trustees as to whether a requested variation would be in harmony with its gen. eral purpose and intent, and shall recommend a varia- tion only where it shall have made a finding of fact specifying the reason or reasons for recommending the variations..Such findings shall be based upon the stand- ards prescribed in Section XIII G4 of this ordinance. No variation shall be granted by the Board ofTi-ustees 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 :;he Trustees. (2) Initiation: An application for a variation shall be in triplicate and may be made by any governmental 966 APPENDIX A—ZONING Sec,XIII 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 i described in the application for a variation. . (3) Processing: An application for a variation shall be filed with the Village Clerk who shall forward one copy of 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. (4) Standards: (a) The Zoning Board of Appeals shall not recom- mend a variation of the provisions of. this ordinance as authorized in this section unless it j -- 3 shall have made findings of fact based upon the evidence presented to it on the following specific issues that: (1) The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regula- tions governing the district in which it is located. (2) The plight of the owner is due to unique circumstances. (3) The variation, if granted, will not alter the essential character of the locality. (b) For the purpose of supplementing the above standards, the Zoning Board of Appeals, in making the determination whether there are practical difficulties or particular hardships, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence that: 967 Sec.XIII OAK BROOK CODE (1) The particular physical surroundings, shape, or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if.the strict letter ! of the regulation were to be carried out. + t (2) The condition upon which the petition for variation is based would not be applicable generally to the other property within the same zoning classification. (3) The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is lo- cate-d. (4) The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. (5) That the purpose of the variation is not based exclusively upon a desire to make more money j out of the property. (6) That the alleged difficulty or hardship has � not been created by any person presently having an interest in the property. (c) 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 he 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 neighbor- hood, and to implement the general purpose and intent of this ordinance. (5) Unauthorized Variations: The variation procedure shall in no case be used to accomplish a result which 968 ! • �3 APPENDIX A—ZONING Sec,XIII could otherwise be achieved by a rezoning of the property involved, such as, but not limited to, establishment or expansion of a use not permitted in a residence district; authorizing the construction of residences in other than residence districts; nor authorizing other than single-family detached res- idences in the R1, R2, R3 and R4 Districts. (6) Re-applications: Any person, firm, or corporation having been denied a variation to the Zoning Ordinance respecting a specific parcel of property may _ not re-apply for a like variation on said real property until the period one (1) year has elapsed since the denial of the application for variation by the President and Board of Trustees. (Ord. No. G137, 9-14-71) (� Plan Commission. Jurisdiction. The Plan Commission of the Village, which has been duly established with functions as prescribed by the Illinois Statutes, is the Plan Commission referred to in this ordinance, and shall have the following duties under this ordinance: - (1) Receive from the Village Clerk copies of applications for proposed amendments and thereafter may submit its recommendations thereon to the Zoning Board of Appeals and Board of Trustees. (2) Receive from the Building Inspector copies of applica- tions for proposed Special Uses and thereafter submit its recommendations thereon to the Building Inspector and Board of Trustees. (3) Act on all other matters which are referred to it as required by the provisions of this ordinance. (4) Review, from time to time, the provisions of this ordinance and to make reports of its recommendations with respect to proposed amendments.to the Board of Trustees. 969 • a� • 5/12/86 SAVWAY LIQUORS — EMMETT MALLOY HISTORY The subject property was purchased in January of 1969. It contained a green frame, poorly maintained, two story house: the first floor of which housed both a small package section and a bar/lounge area. The second floor served as a residence for the owner. The business entity was known as "Sam's Tavern." Upon purchase by the present owner/operator the bar/lounge function was discontinued and the package operation conducted by SavWay until the new building was completed in July of 1970. BUILDING DESIGN The existing building design was developed from an office building in Lincolnwood. It was felt that this particular design presented a dignified commercial structure with its arches, window design, and aggregate overhand conveying a soft "wine cellar" feeling. This store was intended to be the main operation and headquarters of the SavWay chain and with four "Malloy" families living in Oak Brook, every effort was made to insure that it would be an outstanding facility.. In reviewing our plans, the Village of Oak Brook requested that the building be built on a East-West parallel line that that it be a rectangular structure as opposed to having the front of the building parallel York Road. The required set back of 100 feet was determined by the Village as that distance from the Southwest corner of the proposed structure on a line parallel to the North property line to York Road. As a result of the above Village direction, the Northwest corner has a setback of approximately 126 feet. Because of the angle of York Road to the property, Northbound traffic has difficulty identifying the retail business. Hindsight would dictate that the building parallel York Road. P11;LEW MAY 12 1986 VILLAGE OF OAK BR00K, IL. ADMINISTRATION �l . • UNIQUE PROPERTY CONSIDERATIONS A.) This property is surrounded on three sides by the Vilage of Hinsdale. Hinsdale has only a 15 foot setback requirement. The Office Park does have existing preliminary plans for a commercial building on our North side at the 15 foot setback. As evidenced by the Office Park parking lot at the rear of this property, no parking screening was required. B.) Not considering the service station across the street this is the only retail facility on the South end of Oak Brook. OAK BROOK TAX REVENUE INFORMATION SALES TAX: A.) The SavWay operation generates a considerable sales tax benefit to the Village of Oak Brook. REAL ESTATE TAX: B.) Since this property is in the Hinsdale 181 School Taxing District, the Oak Brook School District does not receive revenue from this store. PROPERTY SAFETY CONSIDERATIONS FRONT PARKWAY LANDSCAPING Persons driving out the North exit of the parking lot must Took across the parkway to see oncoming traffic from the South because of the angle of York Road from the subject property. Previous hedge plantings in the parkway had to be removed in order to provide visibility and relieve a dam gerous situation. No tall bushes or hedge screening can be installed on the front parkway without serious traffic safety concerns. SOUTH ENTRANCE Beverage vendors generally approach the site from Ogden Avenue. As such vehicles travel North on York Road, they are traveling at an angle away from the entrance to subject property. Hense, they must make a significantly greater than 900 turn into the SavWay lot. Many such vehicles pull a lenthly trailer. To prevent a wider swing out towards the center or beyond York it is prudent to allow retention of the opening as it exists. Our experience of observing this situation for many years should give credibility to our judgement as to the existing situation and need. as • SAVWAY OBJECTIVES The purpose of the proposed addition is as follows: 1.) Provide an additional source of economic return on the property value so as to be able to continue indefinely the present operation. 2.) Provide additional retail space in the area so as to attract potential customers for SavWay. 3.) Avoid construction on the property that would adversely affect the day to day operation of the existing SavWay business. 4.) Accept only that tenant which will compliment the SavWay operation and will not interfere with existing or future SavWay parking needs. RETAIL CONSIDERATIONS 1.) PARKING Customer reacts directly to convenience of parking and to parking activity. They must be able to see the convenient availability of parking from a point beyond the actual parking area. An empty or invisible parking area tends to deter customer shopping. Thus, it is important not to acreen out available parking or cars in a lot from the customer's view from the street. 2.) FLOOR LEVELS: Different floor levels resulting in stairs or ramps do not provide easy shopping or customer comfort. A direct opening between the addition's retail space and the SavWay store would be unfeasible with different floor levels. The exterior appearance of design continuity would also be impossible with different floor levels. If the floor level of the addition were raised to the 100 year required flood level, only 9.3% of the total building area would be protected against the flood danger. In the two 100 year flood storm of 1972 not a drop of water entered the basement of the existing structure. 0 3.) GATEWAY ORDINANCE A.) Because of existing conditions, the property has limited opportunities for extensive landscaping. In addition, since it is a retail facility it is necessary to merchandise its presence as opposed to other uses such as office. B.) The most recent retail development in the area is the Gateway Shopping Center which was also subject to the same ordinance language. This development has only a 15 foot setback and is not screened from York Road. Its parking area is also clearly visible to traffic on York Road. As a totally new project, the Gateway Center had more opportunity to develop the Gateway goals. Yet, we believe our landscape proposal will result in a presentation that will conform more directly with the objectives of the Gateway ordinance. ECONOMIC HARDSHIP 1.) Retail package sales in the past few years have declined dramatically. This experience corresponds to the 13+% national decrease in consumption. We wholeheartedly support ongoing programs concerning substance abuse and health considerations, and expect a continued decline in consumption and retail sales. It would not be reasonable to build an addition which would constitute only 18.6% of the total building area, if we were required -to make changes to the existing structure or parking lot that would either interfere with our present operation or bear significant incremental costs. 2.) We have agreed to meet the fire code and sprinkle our entire existing building which in itself presents a substantial cost. 3.) The SavWay store is a large volume operation by industry standards. However, the return from this retail business has not been able to keep pace with the increased property values. Ownership is constantly approached by parties interested in using the property for other purposes. The opportunities presented would allow an immediate multiple return on existing values as compared to the present situation. We prefer to continue our business and presence in Oak Brook, providing that we can improve the return to an acceptable level that recognizes today's property values. r CONCLUSION The construction of this small addition (6400 Sq. Ft.) will enable us to achieve our objectives and remain a contributing part of Oak Brook and its business community. We are again attempting to improve our property with an attractive and quality addition that will reflect the values and standards of our community. The variations requested are made only because of code changes since 1970. We believe that the upgrades on the existing property to code and compliances on the addition provide benefits to us and the Village that justify the variances. Respectfully submitted, Emmett P. Malloy, Jr. 17 OF 04 K e40 4 t1 COUNtr VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 May 8, 1986 Mr. Emmett P. Malloy, Jr. 3821 York Road Oak Brook, Illinois 60521 RE: Malloy - •'Parking Variation and Flood Plain Special Use and Variation (3823 York Road) Dear Mr. Malloy: The Zoning Board of Appeals, at its regular meeting of May 6, 1986, granted your request and tabled consideration of the above applications until its next regular meeting of June 3, 1986. Sincerely, Bruce F. Kapff Assistant to Village Manager BFK/j r ZONING BOARD OF APPEALS Minutes -2- May 6, 1986 IV MALLOY - PARKING VARIATION and FLOOD PLAIN SPECIAL USE AND FLOOD PLAIN VARIATION Q823- York Road) The Chairman noted that since the flood plain items had yet to receive a recommendation from the Plan Commission, it would be appropriate for the Zoning Board of Appeals to table these applications as requested by the applicant. A motion was made by Member O'Brien, seconded by Member Crouch to table these applications to the Zoning Board's June 3rd hearing. VOICE VOTE: All in favor. MOTION CARRIED. .. ZONING BOARD OF APPEALS Minutes -2- May 6, 1986 • �GEOF OgKe G • v a« 9 O m FCOUNty' VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 April 30, 1986 MEMO TO: . Zoning Board-of Appeals FROM: Bruce F. Kapff, Assistant to Village Manager SUBJECT: Malloy - Parking Variation - Flood Plain Special Use & Flood Plain Variation (3823 York Road) The Plan Commission, at its April 21st hearing, tabled the Flood Plain Special Use application pending receipt of more detailed information concerning the development. In that regard, Mr. Malloy has requested that both of the above items be tabled to the Zoning Board's June 3rd hearing in order that the entire application could be heard by the Zoning Board at the same hearing. Respectfully submitted, Bruce F. Kapff Assistant to Village Manager BFK/j r I SavWay Liquors 3821 South YA9 Road, Oak Brook, Illinois 60521 �2) 986-0500 Mr Now April 29, 1986 Mr. Bruce Kapff Assistant to Village Manager Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60521 Dear Mr. Kapff: Please be advised that I would like to have our parking variation application removed from the agenda of the May 6th meeting of the Zoning Board of Appeals. It is my hope that this application could be heard at the next scheduled meeting of the Board which I understand is Tuesday, June 3rd. If there is any problem with this request, I would appreciate hearing from you. Sincerely, CEmmett P. Malloy, Jr. President EPM:Ims MAY 0 1 1985 VILLAGE OF OAK BROOK, IL. ADMiNISTRATiON STORE LOCATIONS: Oak Brook, III., Glen Ellyn, 111., St. Charles, III., Geneva, III., Joliet, III., Carol Stream, III., Naperville, Ill. 13 SUBURBAN LIFE GRAPHIC Certificate of Pupation 0 STATE OF ILLINOIS) COUNTY OF DU PAGE) SS. r`�T��••'�''•'•'LEGAL N01'tCE ' This affiant, Jack R. Kubik ,being ,'.' °VILLAGE OF OAK BROOK ' first duly sworn on oath, deposes and says that he is PAGE AND COOK COUNTIES, the dui elected and actin President of Life ` ILLINOIS y q � NOTICE OF PUBLIC HEARING Printing & Publishing Co., Inc., a corporation organized and existing under the laws of the State of NOTICE I5 HEREBY GIVEN that a q q public hearing before the Zoning Board Illinois, that the said Life Printing&Publishing Co. of Appeals of the Village of Oak Brook Inc., is publisher of a twice weekly secular DuPage and Cook Counties,Illinois,will newspaper ublished in the Village of be held on May 6, 18ge at Hall, 00 in p q the Oak Brook Village Ilali, 1200 Oak Oak Brook County of DuPage, Brook Road, Illinois for the purpose of and State of Illinois, on Wednesday, and on Satur- considering the application ett Malloy, for a Flood Plain Special Emmecial Use day of each week, and having a general circulation Permit, Flood Plain Variation, and within the Village of Oak Brook Zoning Variations as provided under Count of DuPage, and State of Illinois that this af� Section Village f the Zoning Ordinance County q , � bf the Village of Oak Brook, Illinois, fiant is duly authorized, in behalf of said corpora- Ordinance G-60, as amended; and Sec- tion, to make this affidavit, and states that a notice, lions o and 16-35 s a of the Village of Oak B10-34 rook Code,as amended. of which the annexed is a true copy, was published in the said Suburban Life Graphic 1 times, The following relief has been requested: °aturday 1) Flood Plain Special Use permit con- on struction of a building addition within the 19th day of An ril ,A.D., the Salt Creek floodpLain. 19_(36 ,on xxx ,the xxx day of 2) Float Plain Variation to permit con- struction of a nonresidential building t Xcx ,A.D., 19_L!___. addition for which the top of founda- Affiant further states that the said Suburban Life tion elevation is less than three (3) Graphic was a twice weekly newspaper ublished feet above the predicted 10loodp- p Y P flood elevation, and is not floalp- in the Village of Oak Brook and roofed to that height. Navin l ciculatfon in the Village of 3) Variation from the provisions of Sec- having a general tion XI(E)(4)(a)(2)(111)to permit the Oak Brook at and during the continuance of an entrance driveway time said annexed notice was published in said approximately 55 feet 3n width,which newspaper, said Life Printing & Publishing Co., exceeds the 30 toot maximum width 9 q ermitted. Inc., publisher of said newspaper, was a corpora- 4) Variation from the provisions of See- lion duly organized and existing under and by vir- lion (E)(8)to reduce the required, numbbee r of parking spaces by having tue of the laws of the State of Illinois, and that the the office and retail uses share the said Suburban Life Graphic has been regularly parking area by providing 6o spaces published more than one 1 year prior to the first for store and office uses rather than p � ) Y P the 80 as required by Ordinance. publication of the annexed notice. 5) Variation from the provisions of Sec- The Suburban Life Graphic is a newspaper as tion of a build to permit constru n tion of a building addition with an defined in Act-Chapter 10 Sections 1 and 5, 11- approximate 89-toot Setback from linois revised Statutes." York Road, which is less than the 100-foot Required Setback 6) Variation from the provisions of Sec- tion XI(D)(7) to reduce the required Jack R. Kubik President.Vrdll6Y.M&X number of off-street loading berths from 3 to 2. Subscribed and morn to bek.me this generally The-22nd d.,,oi April scribed as 3823 York Read, Oak Brook, A.D.19 86 4"� Illinois, and the legal description nt follows:..Lot 4 in Graue's Assessment ent Plat No.2 of part of the West half of the Notary Public Southeast Quarter of Section 36,'Town- /,. 9h1p 39 North, Range 11 East of the My CnmmiMton spires a ` # Third Principal Meridian, in York Township, according to the Plat thereof recorded March 18, 1947 as Document No. 517568. In DuPage County, Illinois. Permanent Parcel No.06-36405-003 All persons desiring to be heard in support of or in opposition to the pro- posed Flood Plain Special Use, Flood Plain Variation and Zoning Variations or sl provision thereof, will be af- fordedyan opportunity to do so and may submit their statements orally or in writing or both. The hearing may be recessed to another date if notice of time and place.thereof Is publicly an- nounced at the hearing or is given by newspaper publication dot less than five (5)days prior to the date of the recessed hearing. Marianne Lakosil, Village Clerk Published at the directioh of the Cor- porate Authorities and the Zoning Board of Appeals of the Village of Oak Brook, DuPage and Cook Counties,Illinois. I G-823 Suburban Life GRAPHIC • 239 Ogden Avenue Downers Grove, Illinois 60515 Gentlemen: Please publish the following legal notice for publication on A ril 12, 1286. LEGAL NOTICE VILLAGE OF OAK BROOK DU PAGE AND COOK COUNTIES, ILLINOIS NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing before the Zoning Board of Appeals of the Village of Oak Brook, DuPage and Cook Counties, Illinois, will be held on May 6, 1986 at 7:30 P.M. in the Oak Brook Village Hall, 1200 Oak Brook Road, Illinois, for the purpose of considering the application of Emmett Malloy for a Flood Plain S ecial Use Permit Flood Plain Variation, and Zoning Variations as provided under Section XIII(G) of the Zoning Ordinance of the Village of Oak Brook, Illinois, Ordinance G-60, as amended, and Sections 10-34 and 10-35 of the Village of Oak Brook Code, as amended. The following relief has been requested: 1) Flood Plain S ecial Use Rermi,t to Rermit construction of a building addition within the Salt Creek flood lain. 2) Flood Plain Variation to Rermit construction of a nonresidential buildinjj addition for which the to2 of foundation elevation is less than three (3) feet above the predicted 100—year flood elevation and is not flood roofed to that height. 3) Variation from the 2rovisions of Section XI (E)(4)(a) (2)(iii) to 2ermit the continuance of an entrance driveway a p .2roximately 55 feet in width which exceeds the 30—foot maximum width kermitted. 4) Variation from the Rrovisions of Section XI (E)(8) to reduce the re uired number of garking. spaces by having the office and retail uses share the Rarking area by rovidin 60 spaces for store and office uses rather than the 80 as re uired by Ordinance. 5) Variation from the 2rovisions of Section VIII(E)(4) to permit construction of a building addition with an a2proximate 89—foot Setback from York Road which is less than the 100—foot Required Setback. 6) Variation from the 2rovisions of Section XI (D)(7) to reduce the required number of off—street loading berths from 3 to 2. The property may be generally described as 3823 York Road, Oak Brook, Illinois, and the legal description is as follows: Lot 4 in Grace's Assessment Plat No. 2 of 2art of the West half of the Southeast Quarter of Section 36, • • Page two Township 39 North Range 11 East of the Third Principal Meridian in York TownshkR, accordin to the Plat thereof recorded March 12, 1947 as Document No. 517568 in DuPa a Count Illinois. Permanent Parcel No. 06-36-405-003 All persons desiring to be heard in support of or in opposition to the proposed Flood Plain S ecial Use Flood Plain Variation and Zoning Variations or any provision thereof, will be afforded an opportunity -to do so and may submit their statements orally or in writing or both. The hearing may be recessed to another date if notice of time and place thereof is publicly announced at the hearing or is given by newspaper publication not less than five (5) days prior to the date of the recessed hearing. Marianne Lakosil, Village Clerk . Published at the direction of the Corporate Authorities and the Zoning Board of Appeals of the Village of Oak Brook, DuPage and Cook Counties, Illinois. OF Oqk , rpO ;ib eq0 �COUNt4 - - VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 April 15, 1986 Dear'Resident, The Oak Brook Plan Commission and/or .Zoning Board of Appeals, and the Village Board will be considering a: X ` Graue Gateway Certificate f X Variations ' .',. Preliminary Plat 8onf ormaLICE x Special Use Flood Plain Final Plat Zoning Amendment X Flood Plain Variation at the meetings-as-scheduled on 'the reverse side of this notice. The application has been filed by Emmett Malloy Name of applicant 3823 York Road, Oak Brook Address Relationship of applicant to property Owner N/A Name of Subdivision (if-applicable) The' property in`question is situated at: 3823 York Road We have attached a map cf .the area to assist you in determining your relation- ship to the property in question. The request which has been made is as follows: SEE ATTACHED SHEET 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. &rechin Village Manager JHB/ms -- -- - ------ -- ADDRESS ZIP NAME OF APPLICANT Emmett P. Malloy, Jr. PHONE NUMBER 986-0500 ADDRESS 3821 S. York Road, Oak Brook, IL ZIP 60521 I (we) certify that all of the above statements and the statements contained in any papers or plans submitted herewith are true to the beat of my (our) knowledge and belief. Caignature-7 Applicant Date signature Applicant Da �• ` V L LAG E O F ZONING OIDNNE FLOOD PLAIN OAK WOOK w 1200 OAK BROOK ROAD APPEAL VARIATION OAK BROOK, ILLINOIS 60521 $100 300 654-2220 VARIATION SPECIAL USE $300 $675 APPLICATION FOR PUBLIC HEARING AMENDMENT TO BE FILED WITH VILLAGE CLERK M $650 �•--� SPECIAL USE 1...1 $400 (Section 2-225, 8/11/81 --------------------------------------------------------------------------------------------=------ ALL APPLICATIONS MUST BE ACCOMPANIED BY PROPER FEE, PLAT OF SURVEY, AND (18) COPIES OF A SCALE DRAWING, SHOWING ALL PERTINENT APPLICABLE INFORMATION, i.e. , PROPERTY LINES, EXISTING BUILDINGS, LOCATION OF PROPOSED CONSTRUCTION, ANY BUILDINGS ON ADJACENT PROPERTY WITHIN 100 FEET OF SUBJECT PROPERTY. ' ---------------------------------------------------------------------------------------------------- DO NOT WRITE IN THIS SPACE -- FOR OFFICE USE ONLY Date Filed: Board of Trustees Referral Notice Published: Newspaper: Date Adjacent Property Owners Notified: Staff Referral: Public Hearing. Dates: Plan Commission Zoning Board of Appeals Board of Trustees Board of Trustees (Approval of Ordinance FEE PAID: $ 30 0 Receipt No. : Received By: lin I Village Clerk ----------------------------------------------------------------------------------- ------ APPLICANF TO COMPLETE LOCATION OF SUBJECT PROPERTY: PERMANENT PARCEL NUMBER 06-36-405-003 LOT NO. SUBDIVISION Graues ADDRESS 3821 S. York Rd. ZONING. ZONING ORDINANCE SECTION .. . ACTION REQUESTED Variation to allow setback of proposed addition as shown on submitted plans. PROPERTY INTEREST OF APPLICANT: OWNER L=1 CONTRACT PURCHASER AGENT OWNER(S) OF RECORD E M Enterprises, Inc. PHONE NUMBER 986-0500 ADDRESS 3821 S. York Rd., Oak Brook ' 'ZIP 60521 BENEFICIARY(IES) OF TRUST: PHONE NUMBER ADDRESS ZIP NAME OF APPLICANT Emmett P. Malloy, Jr. PHONE NUMBER 986-0500 ADDRESS 3821 S. York Road, Oak Brook, IL ZIP 60521 I (we) certify that all of the above statements and the statements contained in any papers or plaAs submitted herewith are true to the best of my (our) knowledge and belief. nature Applicant Date signature Applicant Date � V1 L LA OF ZONING &NANCE. FLOOD PLAIN OAK B KOO K 1200 OAK BROOK ROAD APPEAL Q 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 L� $650 SPECIAL USE $400 (Section 2-225, 8/11/81) ---------------------------------------------------------------------------------------------------- ALL APPLICATIONS MUST BE ACCOMPANIED BY PROPER FEE, PLAT OF SURVEY, AND (18) COPIES OF A SCALE DRAWING, SHOWING ALL PERTINENT APPLICABLE INFORMATION, i.e. , PROPERTY LINES, EXISTING BUILDINGS, LOCATION OF PROPOSED CONSTRUCTION, ANY BUILDINGS ON ADJACENT PROPERTY WITHIN 100 FEET OF SUBJECT PROPERTY. --------- ------------------------------------------------------------------------------------------ DO NOT WRITE IN THIS-SPACE -- FOR OFFICE USE ONLY Date Filed: t°1 (o - Board of Trustees Referral Notice Published: Newspaper: Date Adjacent Property Owners Notified: Staff Referral: Public Hearing Dates: 'Plan Commission Zoning Board of Appeals Board of Trustees Board of Trustees (Approval of Ordinance) FEE PAID: $ VDT ' Receipt No. : yyy�6 Received By: Village Cle k ------------------------------------------------------------------------------------------------ APPLICANT TO COMPLETE LOCATION OF SUBJECT PROPERTY: _ PERMANENT PARCEL NUMBER 06-36-405-003 LOT NO. " SUBDIVISION Graues ADDRESS 3821 So rth York Road ZONING B3 X ZONING ORDINANCE SECTION --iCT � E , ACTION REQUESTED Variation to maintain existing south entrance width at present� Approximate 55 feet. PROPERTY INTEREST OF APPLICANT: OWNERS n t CONTRACT PURCHASER AGENT ' . OWNER(S) OF RECORD E M Enterprises Inc PHONE NUMBER 986-0500 ADDRESS 3821 South York Road, Oak Brook. IL ZIP 60521 i BENEFICIARY(IES) OF TRUST: PHONE NUMBER ADDRESS ZIP NAME OF APPLICANT Emmett P Malloy. Jr PHONE NUMBER 986-0500 ADDRESS 3821 South York Road, Oak Brook, IL ZIP 60521 I (we) certify that all of the above statements and the statements contained in any papers or plans sub ted herewith are true to the best of my (our) knowledge and belief. s nature Applican Da a signature) Applicant Date • � r al I - BANK TRANSIT $ CHECKS S CASH RECEIPT pgTE NO. NunnBER NAME DESCRIPTION RECEIVED BY: E VILLAGE OF OAK BROOK INVALID WITHOUT 1200 OAK BROOK ROAD SIGNATURE OAK BROOK, ILLINOIS 54466 cu PHONE: i3i2i 654-2220 RETAIN THIS RECEIPT FOR YOUR RECORDS n(� AFEGUARO BUSINESS SYSTEMS ORM CR.OTC i :- 70-2382 Jnce 719 NOR r THERN TRUST 13 4 3 9 oaK BROOK Liquor Stores Division r..' GLEN ELLYN CAROL STREAM OAK BROOK. ILLINOIS - •, ` . . � _.:; . . - ;, V +, GENEVA—ST. CHARLES JOLIET-OAK BROOK CHECK NO. DATE AMOUNT NAPERVILLE. ILLINOIS 13439 4/15/86 900.00 F PAY VILLAGE OF OAK BROOK TO THE ORDER OF 11'013439111 1:0 `7` 19238281: 1001116790110 vvlzE vvTE: - -Ail present, in ravor. vv aruereu. ATTEST: Mari nne �akosil, CMC ` Village Clerk aa Approv d VILLAGE OF OAK BROOK Minutes -5- April 8,1986 'M L VILLAGE OF OAK BROOK .+� NOTE : *ndicates Cancelled 1200 Oak Brook Road ** Indicates Added to Agenda Oak Brook, Illinois 60521 *** Indicates Deletion Revision Date : N O T I C E June, 1986 TUESDAY, REGULAR ZONING BOARD OF APPEALS MEETING 7 : 30 P .M. June 3, 1986 Village Commons - Samuel E. Dean Board Room AGENDA 1. Roll Call 2. Approval of Minutes 3. Polo Barns - Trailer Variation (Sports Core) 4 . Brinson - Rear Yard Variation (78 Baybrook Lane) Malloy - Parking Variation (3823 York Road) 6. Malloy - Flood Plain Special Use and Flood Plain Variation (3823 York Road) MONDAY, COMMITTEE-OF-THE-WHOLE MEETING 7 : 30 P .M. June 9 , 1986 Village Commons - Samuel E. Dean Board Room TUESDAY, REGULAR BOARD OF TRUSTEES MEETING 7 : 30 P .M. June 10, 1986 Village Commons - Samuel E . Dean Board Room R MONDAY, * REGULAR PLAN COMMISSION MEETING ARMED 7 ' 30 P .M. June 16 , 1986 Village Commons - Samuel E. Dean B TUESDAY , REGULAR BOARD OF TRUSTEES MEETING 7 : 30 P.M. June 24 , 1986 Village Commons - Samuel F. Dean Board Room Item #3 on the Zoning Board - of Appeals agenda was published in the Oak Brook DOINGS on August 15, 1985 Item #4 on the Zoning Board of Appeals agenda was published in the Oak Brook DOINGS on April 17 , 1986 Item #5 on the Zoning Board of. Appeals agenda was published in the Suburban' Life GRAPHIC on April 19 , 1986 Item #6 on the Zoning Board of Appeals agenda was published in the Suburban Life GRAPHIC on April 19 , 1986 I p' VILLA O F ZONING WINAICE. FLOOD PLAIN OAK B OO K w 1200 OAK BROOK ROAD APPEAL VARIATION OAK BROOK, ILLINOIS 60521 $100 $300 654-2220 / `( VARIATION 1-1 SPECIAL USE ���------111 $300 L____l $675 APPLICATION FOR PUBLIC HEARING AMENDMENT TO BE FILED WITH VILLAGE CLERK $650 SPECIAL USE $400 (Section 2-225, 8/11/81) ---------------------------------------------------------------------------------------------------- ALL APPLICATIONS MUST BE ACCOMPANIED BY PROPER FEE, PLAT OF SURVEY, AND (18) COPIES OF A SCALE DRAWING, SHOWING ALL PERTINENT APPLICABLE INFORMATION, i.e. , PROPERTY LINES, EXISTING BUILDINGS, LOCATION OF PROPOSED CONSTRUCTION, ANY BUILDINGS ON ADJACENT PROPERTY WITHIN 100 FEET OF SUBJECT PROPERTY. ' ----------------------------------------------------------------------------------------------------- DO NOT WRITE IN 1'HIS SPACE -- FOR OFFICE USE ONLY Date Filed: Board of Trustees Referral Notice Published: Newspaper: Date Adjacent Property Owners Notified: Staff Referral: Public Hearing Dates: Plan Commission Zoning Board of Appeals Board of Trustees _ Board of Trustees (Approval of Ordinance) FEE PAID: $3po — Receipt No. : 7 7 C>0!5_ Received By: m Village Clerk",- ----------------------------------------------------------------------------------------------------- APPLICANF TO CaIPLETE LOCATION OF SUBJECT PROPERTY: PERMANENT PARCEL NUMBER 06-36-405-003 LOT NO. SUBDIVISION Graues ADDRESS 3821 S. York Rd. ZONING. ZONING ORDINANCE SECTION . ACTION REQUESTED Variation to reduce the number of loading dock area rgguired tQ,the (3) existing loading area,--(2 ' x 551 which services threereceiving facilities. PROPERTY INTEREST OF APPLICANT: OWNER CONTRACT PURCHASER AGENT OWNER(S) OF RECORD E M Enterprises, Inc. PHONE NUMBER 986-0500 ADDRESS 3821 S. York Rd., Oak Brook ' 'ZIP 60521 BENEFICIARY(IES) OF TRUST: PHONE NUMBER ADDRESS ZIP NAME OF APPLICANT Emmett P. Malloy, Jr. PHONE NUMBER 886-0500 ADDRESS 3821 S. York Road, Oak Brook, 1L ZIP 60521 I (we) certify that all of the above statements and the statements contained in any papers or plays submitted herewith are true to the best of my (our) knowledge and belief. s gnature Applicant Date signature - Applicant Date A' 4> V1 L LA OF ZONING WDINANCE FLOOU PUIN OAK BROOK 1200 OAK BROOK ROAD APPEAL Q VARIATION OAK BROOK, ILLINOIS 60521 $100 $300 654-2220 �7�VARIATION SPECIAL USE ��----11 $300 $675 APPLICATION FOR PUBLIC !-TEARING AMENDMENT TO BE FILED WITH VILLAGE CLERK M $650 �--� SPECIAL USE L.�.a $400 (Section 2-225, 8/11/81) -- --------------------------------------------------------------------------------=-------- ALL APPLICATIONS MUST BE ACCOMPANIED BY PROPER FEE, PLAT OF SURVEY, AND (18) COPIES OF A SCALE DRAWING, SHOWING ALL PERTINENT APPLICABLE INFORMATION, i.e. , PROPERTY LINES, EXISTING BUILDINGS, LOCATION OF PROPOSED CONSTRUCTION, ANY BUILDINGS ON ADJACENT PROPERTY WITHIN 100 FEET OF SUBJECT PROPERTY. ----------------------------------------------------------------------------------------------------- DO NOT WRITE IN PHIS SPACE -- FOR OFFICE USE ONLY Date Filed: Board of Trustees Referral Notice Published: Newspaper: Date Adjacent Property Owners Notified: Staff Referral: Public Hearing Dates: Plan Commission Zoning Board of Appeals Board of Trustees Board of Trustees (Approval of Ordinance) FEE PAID: Receipt No. : Received By: Village Clerk ----------------------------------------------------------------------------------------------------- APPLICANT TO CCIMPLE'I'E LOCATION OF SUBJECT PROPERTY: PERMANENT PARCEL NUMBER 06-36-405-003 LOT NO. SUBDIVISION Graues ADDRESS 3821 S. York Rd. ZONING. ZONING ORDINANCE SECTION . ACTION REQUESTED Variation to allow setback of proposed addition as shown on submitted plans. PROPERTY INTEREST OF APPLICANT: OWNER t� CONTRACT PURCHASER AGENT OWNER(S) OF RECORD E M Enterprises, Inc. PHONE NUMBER 986-0500 ADDRESS 3821 S. York Rd., Oak Brook 'ZIP 60521 BENEFICIARY(IES) OF TRUST: PHONE NUMBER ADDRESS ZIP NAME OF APPLICANT Emmett P. Malloy, Jr. PHONE NUMBER 986-0500 ADDRESS 3821 S. York Road, Oak Brook, IL ZIP 60521 I (we) certify that all of the above statements and the statements contained in any papers or plags submitted herewith are true to the best of my (our) knowledge and belief. nature Applicant Date (signature)- Applicant Date N• VILLAGE O F ZONING ORINANCE FLOOD PLAIN OAK B KOO K 1200 OAK BROOK ROAD APPEAL Q VARIATION OAK BROOK, ILLINOIS 60521 $100 $300 654-2220 k7 VARIATION SPECIAL USE $300 l_-_� $675 APPLICATION FOR PUBLIC DARING AMENDMENT TO BE FILED WITH VILLAGE CLERK M $650 SPECIAL USE $400 (Section 2-225, 8/11/81) -------------------------------------------------------------------•---------------------------------- ALL APPLICATIONS MUST BE ACCOMPANIED BY PROPER FEE, PLAT OF SURVEY, AND (18) COPIES OF A SCALE DRAWING, SHOWING ALL PERTINENT APPLICABLE INFORMATION, i.e. , PROPERTY LINES, EXISTING BUILDINGS, LOCATION OF PROPOSED CONSTRUCTION, ANY BUILDINGS ON ADJACENT PROPERTY WITHIN 100 FEET OF SUBJECT PROPERTY. ----------------------------------------------------------------------------------------------- DO NOT WRITE IN THIS SPACE -- FOR OFFICE USE ONLY Date Filed: + 1°1 -t 6 Board of Trustees Referral Notice Published: Newspaper: Date Adjacent Property Owners Notified: Staff Referral: Public Hearing Dates: Plan Commission Zoning Board of Appeals Board of Trustees Board of Trustees (Approval of Ordinance) FEE PAID: $ Receipt No. : `7�/6 6 Received By: m Village Cle k --------------------------------------------------------------------------------- APPLICANT TO COMPLETE LOCATION OF SUBJECT PROPERTY: PERMANENT PARCEL NUMBER 06-36-405-003 LOT NO. SUBDIVISION Graces ADDRESS 3821 South York Road ZONING B3 X ZONING ORDINANCE SECTION �T ) - —4 ACTION REQUESTED Variation to maintain existipg south entrance width at present approximate 55 feet PROPERTY INTEREST OF APPLICANT: OWNER CONTRACT PURCHASER AGENT OWNER(S) OF RECORD E M Enterprises, Inc. PHONE NUMBER 986-0500 ADDRESS 3821 South York Road, Oak Brook. IL ZIP 60521 BENEFICIARY(IES) OF TRUST: PHONE NUMBER ADDRESS ZIP NAME OF APPLICANT Fmmptt P Malloy, Jr PHONE NUMBER 986-0500 ADDRESS 3821 South York Road, Oak Brook, IL ZIP 60521 I (we) certify that all of the above statements and the statements contained in any papers or plans sub ted herewith are true to the best of my (our) knowledge and belief. s nature Applican Date signature Applicant Date �' � Xl V t LLAIE OF ZONI41WINANCE. FLOOD PLAIN n e K R R Cl C1 K LIN, Uu Juw BANK ' �N TRANSIT S CHECKS S CASH NUMBER DATE NAME RECEIVED NO. DESCRIPTION B Y:VILLAGE OF OAK BROOK INVALID E WITHOUT • 1200 OAK BROOK ROAD SIGNATURE OAK BROOK, ILLINOIS 54466 � u PHON2: (312) 654-2220 RETAIN THIS RECEIPT FOR YOUR RECORDS 0i_ AFEGUARD BUSINESS SYSTEMS KC�iK,!¢ ORM CR-OTC 70-2382 inc. 13439 719 /� �j Enter rijed� NORTHERN TRUST / Liquor Stores Division OAK BROOK OAK BROOK. ILLINOIS GLEN ELLYN-CAROL STREAM s GENEVA-ST. CHARLES JOLIET-OAK BROOK. CHECK NO. DATE AMOUNT NAPERVILLE,ILLINOIS 13439 4/15/86 $ 900.00 r PAY VILLAGE OF OAK BROOK TO THE ORDER OF 114013439119 1:07 L9 238 281: 100,,-679011- ADDRESS 3821 S. York Road, Oak Brook ZIP 60521 I (we) certify that all of the above statements and the statements contained in any papers or plags submitted herewith are true to the best of my (our) knowledge and belief. AW i re A pp te (signature) Applicant Date gnat i • NOTICE TO APPLICANTS Filing Schedule VARIATION: MUST BE RECEIVED APPROXIMATELY SIX (6) WEEKS PRIOR TO THE PUBLIC HEARING HELD ON THE FIRST TUESDAY OF EACH MONTH. AMENDMENT OR SPECIAL USE: FIST BE RECEIVED PRIOR TO THE 15TH OF THE NDNTH FOR PLAN 00NMISSION HEARING ON THE THIRD WNDAY OF THE FOLLOWING MONTH, WITH ZONING BOARD PUBLIC HEARING TO FOLLOW. A Variation is a zoning adjustment which permits minor changes •of district require- ments where individual properties are both harshly and uniquely burdened by the strict application of the law. . The power to vary is restricted and the degree of Variation is limited to the minimum change necessary to overcome the inequality inherent in the property. 1. A Variation recognizes that the same district requirements do not affect all properties equally; it was invented to permit minor changes to allow hardship prop- erties to enjoy equal opportunities with properties similarly zoned. You must prove that your land is affected by special circumstances or unusual conditions. These must result in uncommon hardship and unequal treatment under the strict ap- plication of the .Zoning Ordinance. Where hardship conditions extend to other prop- erties a Variation cannot be granted. The remedy for general hardship is a change of the map or the text of the Zoning Ordinance. 2. You must prove that the combination of the Zoning Ordinance and the uncommon conditions of your property prevents you.from making any reasonable use of your land as permitted by your present zoning district. Since zoning regulates land and not people, the following conditions cannot be considered pertinent to the applica- tion for a Variation: (1) Proof that a Variation would increase the financial re- turn from the land, (2) Personal hardship, (3) Self-imposed hardship. In the last case, the recognition of conditions created after the enactment of the Zoning Ordi- nance would encourage and condone violation of the law. 3. No Variation may be granted which would adversely affect surrounding property or the general neighborhood. All Variations must be in harmony with the intent and purposes of the Zoning Ordinance. Names of Surrounding Property Owners Following are the names and addresses of surrounding property owners from the property in question for a distance of 250 feet in all directions, and the number of feet occupied by all public roads, streets, alleys, and public ways have been excluded in computing the 250-foot requirement. Said names are as recorded in the office of the County Recorder of Deeds (or the Registrar of Titles of the County) and as appear from the authentic tax records of this County. Name Address 'Pnr ,�+ District 881 W St Charles Rd Lombard IL 60148 Hinsdale Sanitarium - Hospital 120 N. Oak Street, Hinsdale, IL 60521 Office Park of Hinsdale P.O. Box 361, Hinsdale, IL 60521 Charles F. Bluma 3810 Spring Road, Oak Brook, IL 60521 Mildred Phillips Estate, c/o James Morgan LTD 907 N Elm St. 2nd Floor, Hinsdale, IL 6052 Ralph Greco 960 Spring Road, Hinsdale, IL 60521 1st National Bank of La Grange - 1090 620 W Burlington Avenue, La Grange, IL 605: Philip Kay 3800 York Road, Oak Brook, IL 60521 Mark M. Anderson ESQ 20 N Wacker Dr. #2900, Chicago, IL 60606 N F Holdings 950 N. York Road, #201, Hinsdale, IL 60521 t NAME JI DRESS Pioneer Bank & Trust Co #23973 4000W. North Ave., Chicago, IL 60639 Heritage Standard Bank Trust #10033 2400 W. 95th St. Evergreen Pk, IL 60642 Richard F. Bulger, MD SC 211 Chicago Avenue, Hinsdale, IL 60521 Dean F. & Nancy J. Skuble 410 Oak Brook Rd, Oak Brook, IL 60521 Pioneer Bank & Trust #23177 4000 W. North Ave., Chicago, IL 60639 Pioneer Bank & Trust #24286 4000 W. North Ave., Chicago, IL 60639 Jerry A. Goldstone 121 S. County Line Rd, Hinsdale, IL 60521 Kenneth Hayden 950 York Road, Unit 204, Hinsdale, IL 60521 McDonalds Corp P.O. Box 66207 AMF O'Hare Chicago, IL 60666 Harris Trust & Savings Trust #43292 111 W. Monroe St. Chicago, IL 60603 FNBH L-954 950 N York Road, Hinsdale, IL 60521 Martin Kraus 950 N. York Road Ste. 107, Hinsdale, IL 60521 Paul Naffah 6161 County Line Road, Hinsdale, IL 60521 T'�`Y�"",(>'ii't31.'��,�s iRwk`'.�y � fir- '• `�j.� '"° �svt"" +[. - ....aT y 'r `c �,• ,/ � ,� d"S �� + .t,�` '1`'r;' �®R,' H. OFF f.C. y,� . 'S--,�{ files? ;.,wuP� 'r ,xNO " is NORTHERN`TR sq. { pa S sartr Zrgnor.,Uores Division t <. -R« I 'C :-• Naar `�m�hi�.�;�.,, 2'r' ✓i} °k' ' " �`L"STREryo �T,19 ,iVi GENRLFt',', .+xz?.R .�IYVC.a 4.�. .' eye '"7 ,}eye:' " '.•1,.7mY{s.,rrt^eat`Jf ;'-�t4' ws �- *Y�` ?'y�'?r °r"7Y"3'C, y, y IDAK BROOK CHECK NO. rxt;cgx- Y "s L«` / .d DATEAMOU NAPERVILLE..ILLINOIS E+ rw F ffi r > s 5 qtr"sue • - 132104 / f x ' � iL r :t , �� k ,R, y�-Z h� „F x., � :2 28/86 x 300 00 r .:;F,•.. "% Lr ���'% 'mil :.. ,o �✓icl:. 'K�1 �L.wR>�t � y bK's'+'� y�.� _ pqjggn-:pv-�t�- , ��� 'a. FART`" .s C'^ i"''X' .7cc{. `{,,� �ti _ !".,♦ y r$... i?i t ;r„� r' _ .. ... iYi wti,+�. ;.•s" ',I,d c� �?�o w rk ..4i ,1�'1.fia,} -t{ 'Ye-lu.''¢�` ..)'4• . . #fi t £` `':VILLAGE OF OAK'VBROOK x .. ��1200,0ik Brd6k,;R6ad y Iry )a IN Brook"AIL ',60521 �.. N .;' R'ES f5'f�3- -r &? 'f-R±<. !' S,•r•:lr �M, ... j+ v110 13 2 L0uB 1:0.7 19 2 38 281: 10 0-u6 790u• cy Fm 82a�11Q.12 BANK RECEIPT RECEIVED NOS(T f CHECKS S CASH NUMBER DATE NAME DESCRIPTION BY: E VILLAGE OF OAK BROOK INVALID WITHOUT SIGNATURE • 1200 OAK BROOK ROAD OAK BROOK, ILLIN015 54177 F� u PHONE: (312) 654-2220 RETAIN THIS RECEIPT FOR YOUR RECORDS ?Cc�a�se Af ECUARO BUSINESS SYSTEMS �ORM CR•OTC