S-638 - 06/14/1988 - VARIATION - Ordinances FO&AKTY ) S%V^Pk®
ORDINANCP NO. S_ 638 3214 WAt 41 TOIJ ST.
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WHEREAS, an application has been filed requesting variations from the
provisions of Section XII(B)(2)(b) and Section VII(D)(8)(c) of the Zoning
ordinance of the Village of Oak Brook to permit the construction of additions
to an existing single-family residence in the rear yard; and
WHEREAS, a public hearing on such application has been conducted by the
Zoning Board of Appeals of the Village of Oak Brock on April 5, 1988 pursuant
to due and appropriate legal notice; and
WHEREAS, a recommendation has been made by said Toning Board of Appeals I!
that the variations requested be granted; and i
WHEREAS, the Village President and Board of Trustees concur with the
recommendation and finding, made by the Zoning Board of Appeals sub„ect to the
revisions in the plans made by the applicant to minimize the variations;
NOW, THEREFORE, BE IT OEDAINED By THE PRESIDENT AND BOARD OF TRUSTEES OF
TPF vILLA:E OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth are
hereby adopted as though fully set forth herein.
Section 2: That variations are hereby granted from the provisions of
Section XII(B)(2)(b) and Section VII(D)(8)(c) of the Oak Brook Zoning
Ordinance to permit construction of additions to an existing single-family
residence encroaching into the rear yard provided that the additions be
constructed no closer than 16 feet from the westerly rear lot line of the
subject property, and further provided that said addition be constructed in
substantial conformity with the site plan prepared by Lawrence P. Filippi &
Associates, Inc. dated as last revised May 16, 1988. Xc oY sal site plan
is ate tached hereto, labelled "Exhibit A", and hereby made a part hereof.
Section 3: That this Ordinance is limited and restricted to property
commonly known as 3814 Washington Street, Oak Brook, Illinois, which property,
is legally described as:
Lots 7 and 8 in Glendale Subdivision, a subdivision of part of the East
1/2 of the Southwest 1/4 of Section 36, Township 39 North, Range 11,
East of the Third Principal Meridian, and part of the East 1/2 of the
Northwest 1/4 of Section 1, Township 38 North, Range 11, East of the
Third Principal Meridian, and a resubdivision of Lots 1 to 4 in Block 2
of the Town of Fullersburg, according to the plat of said Glendale
Subdivision recorded September 8, 1926, as Document Number 220961, in
DuPage county, Illinois. Permanent Parcel- 1106-36-307-006.
Section 4: That this ordinance shall be in full force and effect from and
after its passage and approval pursuant to law.
PASSED THIS 14th day of 3une 1988.
Ayes: Trustees Bartecki Bush y. Imrie Maher, Rush and Winters
Mays: None
Absent: Nonce
i
ordinance Bic. 5-638
Granting a variations from the
Provisions of Sections
and V'II(9)(6)(c)
Relative to Rear Yard Requirements
RMIf
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pPFROYEI� THIS 14th day of 88
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WASHINGTON STREET
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SITE PLAN Nom
PROPOSED NEW ADDITION AND ALTERATION PROJECT FOR W. & MRS. ED FOGARTY I LAURENCE P FLIPPI & ASSOCIATES. INC.
M14 N. WnAVR7 r1 Er I ARCHITECT
04K BROOK, iLUNgS b S.272 MGONNE RIDGE IiO4D, HINSD.LE, RLPIn15
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VILLAGE OF OAK BRA,
'1 MINUTES OF THE REGULAR MEETING
'1
June 14, 1988
i�
' MEETING CALL:
The Regular Meeting of the Board of Trustees was called to order by President
Cerne in the Samuel E. Dean Board Room of the Village Commons at 7:30 P.M.
I. ROLL CALL:
PRESENT: President Wence F. Cerne
Trustees Garry J. Bnrtecki
Karen M. Bushy
rnr Walter C. Imrie
Ronald P. Maher
Joseph H. Rush
H. Richard Winters
ABSENT: None
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PLEDGE TO THE FLAG
II. APPROVAL OF MINUTES:
Trustee Imrie moved, seconded by Trustee Bartecki...
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That the Minutes of the Regular Meeting of May 24, 1988 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-637 AN ORDINANCE GRANTING VARIATIONS FROM THE
PROVISIONS OF SECTION XII B 2 b AND SECTION VII D 8 c OF THE
ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK RELATIVE TO REQUIRED REAR
' YARDS 16 Robin Hood Ranch :
Discussed and direction given at the Regular Meeting of Tiny 24, 1988.
Trustee Winters moved, seconded by Trustee Rush...
To pass Ordinance No. S-637 as presented and waive the full reading
thereof.
ROLL CALL VOTE: Ayes: Trustees Bartecki, Maher, Rush, Winters
and President Cerne.
' Nays: Trustees Bushy and Imrie.
Absent: None So ordered.
( B.► ORDINANCE NO. S-638 AN ORDINANCE GRANTING VARIATIONS FROM THE
�J PROVISIONS OF SECTION xII B 2 b AND SECTION VII D 8 c OF THE
ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK RELATIVE TO REAR YARD
REQUIREMENTS 3814 Washington Street):
i
Discussed and direction given at the Regular Meeting of Nay 24, 1988.
Trustee Winters moved, seconded by Trustee Bartecki...
To pass Ordinance No. 8-638 as presented and waive the full reading
thereof.
ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Imrie, Maher, Rush, Winters
and President Cerne.
Nays: None
Absent: None So ordered.
VILLAGE OF OAK BROOK Minutes -1- June 14, 1988
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..._..__.._......_�..,__.._._ _ 1� _ _ �� l� May 24, 'nng
VILLAt,d OF OAK BROOK Minutes 2
V. OLD BUSINESS:
Fo arty Rear Yard Variation (3814 Washington):
b Tabled at the Regular Meeting of :Say 10, 1988• Revised plane dated
May 16, 1988 have been submitted showing that the tyro (2) proposed
_ additions will not further encroach into the Rear Yard than the
existing measurement to the roof overhang of 16 feet.
Trustee Winters moved, seconded by Trustee Rush...
To approve the requested Rear Yard Variation consistent with revised
plans dated May 16, 1988, and direct the Village Attorney to prepare
the necessary document to effectuate same.
VOICE VOTE: All present, in favor.
So ordered.
VI. NEW BUSINESS:
A. Plat of Easement Vacation - Lot 58 - Hunter Trails West (709 Deer Trail
Lane :
Twenty (20) foot drainage easement across Lot 58 does not serve any
purpose as determined by the Village Engineer.
Trustee Winters moved, seconded by Trustee Bushy...
To approve the drainage Plat of Easement Vacation as presented and
authorize its recordation.
ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Imrie, Maher, Rush, Winters
and President Cerne.
Nays: None
Absent: None So ordered.
B. Wehme er - Rear Yard Variation (16 Robin Hood Ranch):
On May 3, 1988, the Zoning Board of Appeals recommended approval of the
requested rear yard variation to permit construction of a 15 foot by 24
foot addition to the northwest corner of an existing house encroaching
not more than 11 feet into the 60-foor required Rear Yard. In
approximately 1971 or 1972, a twenty (20) foot wide strip of land on
the south edge of the property was added without benefit of a plat of
subdivision being filed.
Trustee Winters moved, seconded by Trustee Imrie...
To concur with the recommendation of the Zoning Board of Appeals to
grant a variation, conditioned on a plat being filed and direct the
Village Attorney to prepare the appropriate document to effectuate
same.
VOICE VOTE: All present, in favor with Trustee Bushy voting may• So ordered.
C. Miscellaneous Drainage Update:
At the Plan Commission meeting of '•fay 16, 1988, several questions were
raised by members of the audience concerning the following subjects:
1. Elmhurst Flood Mitigation Plan:
Staff directed to send letter of the Illinois Department of
Transportation (IDOT) and DuPage County expressing concerns. T_he
Village of Oak Brook is prepared `o support a regional approac^.
Hydrological engineering consultants to be interviewed, including
Harza. As new developments occur, this will be an agenda item.
i
:day 24, 1988
'1i1LAGE OF OAK 3P.00K 3inutes -2- n1L-
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
312990-3000
May 18, 1988
MEMO TO: President and Board of Trustees
FROM: Stephen Berley, Village Manager
Bruce F. Kapff, Assistant to Village Manager
SUBJECT: Fogarty - Rear Yard Variation
(3814 Washington)
The Village Board, at its May 10th meeting, tabled this subject to allow time for 1
the architect to modify proposed plans such that the new room additions be no
closer to the westerly rear lot line than 16 feet which is the existing
encroachment.
Revised plans, dated May 16, 1988, have shifted the two proposed additions such
that the measurement to the overhang will be 16 feet, thereby matching the
exisiting encroachment.
In the event the Village Board concurs with the revised design, the necessary
ordinance should be drafted by the Village Attorney for consideration at the
Board's June 14th meeting.
Respectfully submitted,
Stephen Berley
Village Manager
Bruce F. Kapff
Assistant to Village Manager
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
312990-3000
May 12, 1988
Mr. & Mrs. Edward R. Fogarty
8205 Bromley
Orland Park, Illinois 60462
RE: Fogarty - Rear Yard Variation
(3814 Washington)
Dear Mr. & Mrs. Fogarty:
The Village Board, at its Regular Meeting of May 10, 1988, tabled consideration of
your requested Rear Yard Variation application in order to allow time for you, in
conjunction with your architect, to review your building plans to indicate no
greater encroachment than presently exists within the rear yard which as indicated
on current plans is 18 feet to the building wall and 16 feet to the roof overhang.
To be on the agenda of the next Village Board meeting of May 24th, I will need
revised plans no later than Wednesday morning, May 18, since I will be out of town
on May 19th and 20th.
Should you need more time, the next Village Board meeting will be June 14th, and
revised plans prior to that meeting should be received no later than June 6th.
Sincerely,
Bruce F. Kapff
Assistant to Village Manager
BFK/jr
cc: Lawrence P. Filippi
. � •
VILLAGE OF OAK BROOK Minutes -5- May 10, 1988
VOICE VOTE: All present, in favor. So ordered.
V. OLD BUSINESS:
CA. �o g Rear Yard Variation (3814 Washin ton Street) :
Tabled at the Regular Meerting of April 26, 1988.
Trustee Bushy moved, seconded by Trustee Bartecki.. .
To table this matter to the next Regular Meeting of May 24, 1988.
VOICE VOTE: All present, in favor. So ordered.
B. Jage - Side Yard Variation (3323 Heritage Oaks Court) :
On May 3, 1988, the Zoning Board of Appeals recommended approval of the
requested side yard variation to permit construction of the roof
overhang of the house to encroach approximately 2.25 feet into the 18-
foot Required Side Yard based on the fact that the current encroachment
was not caused by the present owner and is not detrimental to the
neighborhood.
Trustee Winters moved, seconded by Trustee Bartecki. . .
To concur with the recommendation of the Zoning Board of Appeals and
direct the Village Attorney to draft the necessary documents to
effectuate same.
VOICE VOTE: All present, in favor. So ordered.
C. Report of Activities -
1. Finance: Trustee Bartecki - Audit for Fiscal Year ending April 30,
1988 was in progress with a report due in August. Software for
computers is under study. Requested financial statement from the
Bath & Tennis using new guidelines.
2. Personnel: Trustee Bushy - Staff was commended for quick response
following fire at Hinsdale telephone office. Library survey results
had been discussed.
3. Public Safety & Traffic: Trustee Rush - Patrolman King worked on an
investigation that led to a multi-agency arrest.
4. Public Works & Library: Trustee Imrie - Recognized Public Works
Department for their work during telephone outage. Made favorable
comments about library survey.
5. Sports Core: Trustee Maher - Absent.
6. Zoning & Planning: Trustee Winters - Mother's Day brunch at the Bath &
Tennis Club was an "excellent event". Comprehensive Plan update is
still in the works, survey response was about 50 percent and hearings
on the results should be about mid-July.
VI. NEW BUSINESS:
A. Bruce - Waiver of Fees - Flood Plain Special Use & Front and Side Yard
Variations 459 Forest Trail T-_
Dr. Clara Bruce, as represented by Steve Jaskowiak, Architect, has made
application for a flood plain special use and front and side ,yard
variations and based upon her particular hardship, she has requested
that the associated fees be waived. The filing fee related to a
variation for habitable trailer was waived at the Regular :fleeting of
October 27, 1987.
Trustee Winters moved, seconded by Trustee Imrie. . .
To authorize the applicant's requests for a waiver of the fees in the
amount of $675.00 for the flood plain special use and $600.00 for the
two zoning variations.
VILLAGE, OF OAK BROOK Minutes -5- May 10, 1988
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
April 28, 1988 3 12 990-3000
Mr. & Mrs. Edward R. Fogarty
8205 Bromley
Orland PPark, Illinois 60462
RE: vF'ogarty - Rear Yard Variation
(3814 Washington)
Dear Mr. & Mrs. Fogarty:
The Village Board, at its Regular Meeting of April 26, 1988, tabled consideration
of your requested Rear Yard Variation since only five (5) board members were
present. It is the Board's desire to have all members in attendance for full
consideration of this matter which will be heard at the May 10th Village Board
meeting.
If you have any questions or if I can be of further service, please do not hesitate
to call me.
Sincerely,
Bruce F. Kapff
Assistant to Village Manager
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• VILLAGE OF OAK BROOK Minutes -5- April 26, 1988
Trustee Winters moved, seconded by Trustee Rush...
To concur with the recommendation of the Zoning Board of Appeals and
direct the Village Attorney to draft the necessary ordinance to
effectuate same.
VOICE VOTE: All present, in favor. So ordered.
J. Fogarty - Rear Yard Variaton (3814 Washington):
On April 5, 1988, the Zoning Board of Appeals recommended approval of
the requested rear yard variation to reduce the present rear yard from
16 feet to 12 feet.
Trustee Winters moved, seconded by Trustee Maher...
To concur with the recommendation of the Zoning Board of Appeals and
direct the Village Attorney to prepare the necessary ordinance to
effectuate same.
After much discussion, this motion was withdrawn.
Trustee Winters moved, seconded by Trustee Maher...
To table this matter.
VOICE VOTE: All present, in favor. So ordered.
K. Open Forum:
Resident from 1523 Ernie Pyle requested information on the development
proposed for the Ernie Pyle area, as the developer's contract has
t.
expired.
Senior citizens requested reduced rates at the Bath & Tennis, similar
to the Golf Club. Due to all hours being prime time, special hours at
reduced rates cannot be accomplished.
VIII. ADJOURNMENT:
Trustee Winters moved, seconded by Trustee Maher...
To adjourn this meeting. TIME: 10:15 P.M.
VOICE VOTE: All present, in favor. So ordered.
ATTEST:
Marianne Lakosil, CMC
Village Clerk
Approved
II
VILLAGE OF OAK BROOK Minutes -5- April 26, 1988
VILLAGE OF OAK BROOK Minute -5- is April 26, 1988
Trustee Winters moved, seconded by Trustee Rush. . .
To concur with the recommendation of the Zoning Board of Appeals and
direct the Village Attorney to draft the necessary ordinance to
effectuate same.
VOICE NOTE: All present, in favor. So ordered.
J. ) Fogarty - Rear Yard Variaton (3814 Washington) :
�--� On April 5, 1988, the Zoning Board of Appeals recommended approval of
the requested rear yard variation to reduce the present rear yard from
16 feet to 12 feet.
Trustee Winters moved, seconded by Trustee Maher. . .
To concur with the recommendation of the Zoning Board of Appeals and
direct the Village Attorney to prepare the necessary ordinance to
effectuate same.
After much discussion, this motion was withdrawn.
Trustee Winters moved, seconded by Trustee Maher. . .
To table this matter.
VOICE VOTE: All present, in favor. So ordered.
K. Open Forum:
Resident from 1523 Ernie Pyle requested information on the development
proposed for the Ernie Pyle area, as the developer's contract has
expired.
Senior citizens requested reduced rates at the Bath & Tennis, similar
to the Golf Club. Due to all hours being prime time, special hours at
reduced rates cannot be accomplished.
VIII. ADJOURNMENT:
Trustee Winters moved, seconded by Trustee Maher. . .
To adjourn this meeting. TIME: 10:15 P.M.
VOICE VOTE: All present, in favor. So ordered.
ATTEST:
i
Marianne Lakosil, CMC
Village Clerk
Approved
VILLAGE OF OAK BROOK Minutes -5- April 26, 1988
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4P COU51
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
J OAK BROOK, ILLINOIS 60521 -2255
April 21, 1988 3 (2 990-3000
MEMO TO: Village President and Board of Trustees
]FROM: Bruce F. Kapff, Assistant to Village Manager �
SUBJECT: Fogarty - Rear Yard Variation
(3814 Washington)
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This property is a combination of two lots originally eatrthe
Glendale Subdivision of 1926 . The total property comprises approximately
26 , 000 square feet which is deficient based on the Village' s R-2 require-
ment of one acre minimum lot size. The existing structure was constructed
some time prior to annexation to the Village in 1962. The particular yard
requirements are noted on the blue-line Site Plan prepared by Filippi &
'Associates as follows:
1) 45-foot setback adjacent to Wood Avenue created by the Glendale
Subdivision.
2) Front yard setback of 40 feet from the Washington Street frontage.
3) 18-foot side yard setback from the southerly lot line.
4) 60-foot rear yard setback from the westerly lot line.
As brought out in testimony, this property has previously received Side
and Rear Yard Variations . Specifically, Ordinance S-256 (attached)
approved on July 25, 1972 granted a Side Yard Variation from the southerly
lot line reducing that separation from 18 feet to 13 feet and a Variation
to the rear yard reducing it from 60 feet to 28 feet with respect to the
addition as shown on the attached Site Plan.
The current application is for two new additions to the west and north.
The greatest encroachment of the existing structure is 16 feet as measured '
to the. overhang of the northwesterly corner of the existing house. The
two,jaldditions would reduce that separation to 12 feet within this 60-foot
arquired Rea Yard.
t/
RE: Fogarty - Rear Yard Variation
April 21, 1988
Page 2
The Zoning Board of Appeals, at its April 5th meeting, recommended
approval of this Variation on a vote of six (6) ayes and one (1) nay.
In the event the Village Board chooses to concur with this recommendation,
the necessary ordinance should be drafted by the Village Attorney to be
heard by the Village Board at its May 10th meeting.
Respectfully submitted,
Bruce F. Kapff
Assistant to Village Manager
BFK/jr
ORDINANCE NO.' '
AN ORDINANCE GRANTING A VARIATION TO
THE RULES AND REGULATIONS OF "THE
ZONING ORDINANCE OF THE VILLAGE OF .
OAK BROOK, ILLINOIS, OF , 1966" , AS AMENDED
Whereas , the owner of the property more particularly herein-
after described has petitioned the corporate authorities of the
Village of Oak Brook for a variation to the rules and regulations
of "The Zoning Ordinance of the Village of Oak Brook, Illinois , of
196611 , as amended, with respect to side .yard requirements; and
Whereas, a public hearing pursuant to said request has been
held by the Zoning Board of Appeals of the Village of Oak Brook;
and
Whereas, the President and Board of Trustees of the Village of
Oak Brook have reviewed the proceedings and are of the opinion that
a variation should be granted;
NOW, THEREFORE, BE IT ORDAINED by the President and Board of
Trustees of the Village of Oak Brook, DuPage County, Illino'is, .as
h follows :
Section 1. That the applicable rules and regulations of "The
Zoning Ordinance of the Village of Oak Brook, Illinois , of 1966" ,
as amended, contained in Section VII, .:Paragraph D, Subsections .8 (b)
and 8 (c) , are hereby varied to permit a side yard from 18 feet to
13 feet and a rear yard from 60 feet to 28 feet for the construction
of an addition to the existing residence in the area indicated on
the Plat of Survey prepared by Harry A. Ekdahl.
Section 2. The real estate effected hereby is legally described
as, to-wit:
Lots 7 and 8 in Block 4 in Glendale Subdivision, a
subdivision of part of the East half of the South-
west quarter of Section 36 , Township 39 North, Range
11, East of 'the Third Principal Meridian, also part
of the East half of the Northwest quarter of Section
1, Township 38 North, Range 11, East of the Third
Principal Meridian, in DuPage County, Illinois.
commonly known as the southwest corner of Washington and Wood Streets,
Oak Brook, Illinois .
Section 3 . This ordinance shall be in full force and effect
from and after its passage and approval as by statute in such case
made and provided.
PASSED and APPROVED by the President and Board of T stees of
the Village of Oak Brook, Illinois, this day of
1972.
APPROVED:
President
AT EST:
Village Clerk
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Owner __Richard ,:filler
^— — I hereby certify that 1 have located the __. ....___ Inn . _J, '?+ ,do hereby certify that I have surveyed
72 : 1 on the above described proF�ert)- ;nnd that the said location is the above d_ escribed property and that the plat hereon drawn
Survey No.__— � I • shown hereon,. is a correct representation of same. All distonces are given in
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S=ale: 1" — 200 Ft. HARRY A. EKDAHL and ASSOCIATES VILLA PARK, ILLINOIS.___ MaV 10. lIP72
.
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
or
April 14, 1988 312990-3000
Village President
and Board of Trustees
1200 Oak Brook Road
Oak Brook, IL 60521
Re: Fogarty Rear Yard Variation - 3814 Washington Street
Dear President & Board of Trustees:
The Zoning Board, at its regular meeting of April 5, 1988 considered the
application of the Fogartys for a rear yard variation for construction of two
additions which would reduce the present rear yard of 16' down to 12' which
is an encroachment of approximately 48' -into the 60' required rear yard.
A motion was made by Member Shumate, seconded by Member Herman, to recommend
approval of the variations. This recommendation was approved on a roll call
vote of six ayes, Members Herman, Martinello, Sarwar, Shumate, Weber and
Chairman Savino; one nay, Member Crouch.
Sincerely,
Alfred P. Savino
Chairman
Zoning Board of Appeals
APS:sps
fogarty 2
I
3. Their specific hardship is the need to maintain the character of
the house yet meet current standards for this type of house within the
Village of Oak Brook.
4. The addition is placed in order to avoid large trees to the west
of the house.
5. The Betos have lived there for approximately nine years.
Zoning Board members discussed the relative merits of the application and
the relative need to approve the variation or require construction at a
conforming location on the lot.
A motion was made by Member Weber, seconded by Member Shumate; to recommend
approval of the requested side yard variation which would permit
construction of an addition encroaching approximately 3.5' into the 12'
required side yard based upon testimony indicating conformance with the
standards as contained in Section XIII(G)(4) of the Zoning Ordinance.
ROLL CALL VOTE: Ayes: (6)
Members Crouch, Herman,
Sarwar, Shumate,
Weber, Chairman Savino
Nays: (1)
Member Martinello
MOTION CARRIED. . .
FOGARTY REAR YARD VARIATION (3814 Washington Street)
The Secretary noted that the required legal notice was published in the Oak
Brook Doings March 10, 1988 and notice to surrounding property owners dated
March 3, 1988. Richard Hutchison, attorney; and Larry Filippi, architect,
were present representing this application and made the following comments:
1. The property of approximately 26,000 sq. ft. is located within the
Village's R-2 District which requires one acre minimum lot size.
2. This property in 1976 previously received side and rear yard
variations.
3. The area in which the addition is being proposed is adjacent to a
property which has a house located a great distance from the Fogarty
residence.
Harry Porterfield, owner of the property directly west at 611 Wood Road
(509 based on the Village's address map) stated that the proposed addition
would probably affect his property the most and that he is in favor of it
since it would improve the neighborhood and this property in particular.
Zoning Board of Appeals -3- April 5, 1988
A motion was made by Member Shumate, seconded by Member Herman, to
recommend approval of the variations which would permit construction of two
additions to the existing non-conforming structure encroaching
approximately 48' into the 60' required rear yard based on adequate
testimony presented indicating conformance with the variation standards as
contained in Section XIII(G)(4) of the Zoning Ordinance.
VOICE VOTE: Ayes: (6)
Members Herman, Martinello,
Sarwar, Shumate, Weber
4. Chairman Savino
Nays: (1)
Member Crouch
MOTION CARRIED. . .
VI. TOWN & COUNTRY YARD VARIATION (S.W. Corner Rte. 83 & 16th Street)
The Secretary noted the required legal notice published in the Suburban
Life Graphic March 19, 1988 and notice to surrounding property owners on
March 28, 1988. Larry Peterman, Landscape Architect; and David Gooder,
attorney; were present representing this application and made the following
comments;
1. The additional variation required at this time is for a 30'
encroachment into the 60' side yard adjoining Monterey Avenue based on
a shifting of the building westerly as a result of discussions with
the Village Board on March 8.
2. Plans are to increase the amount of landscaping between the
building and Monterey Avenue as well as keeping much of the existing
large plant stock.
3. The building as modified will be approximately 45' from Monterey
Avenue pavement.
4. Their specific hardship is the necessity to meet Route 83 setback
provisions as directed by the Village Board.
A motion was made by Member Weber, seconded by Member Crouch, to recommend
approval of the side yard variation which would permit construction of a
building encroaching 30' into the 60' side yard adjoining Monterey Avenue
based on adequate testimony indicating compliance with the variation
standards as contained in Section XIII(G)(4) of the Zoning Ordinance.
ROLL CALL VOTE: Ayes: (7)
Members Crouch, Herman,
Martinello, Sarwar, Shumate,
Weber and Chairman Savino
MOTION CARRIED. . .
Zoning Board of Appeals -4- April 5, 1988
pF Dqk
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COUN.0
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
March 30, 1988-+ 312 990-3000
MEMO TO: Zoning Board of Appeals
FROM: Bruce F. Kapff, Assistant to Village Manager
SUBJECT: Fogarty Rear Yard Variation - 3814 Washington Street
This existing property fronts both on Washington Street and Wood Avenue and
is a combination of two lots originally created as a part of the Glendale
Subdivision of 1926. The existing house is located in the western half of
the property and was constructed prior to incorporation into the Village.
Plans prepared by Lawrence Filippi indicate the existing residence located
almost entirely within the 60' required rear yard setback for this R-2
Residential District. As measured to the overhang of the existing structure,
there presently exists approximately 16' of rear yard separation between the
house and the westerly rear lot line. The two proposed additions will reduce
that separation to 12' .
Since the existing structure is non-conforming based on current Village
requirements, approval is requested for two separate variations:
1. Variation from the provisions of Section XII(B)(2)(b) to
permit construction of a non-conforming addition to an
existing non-conforming structure; and
2. A variation from Section VII(D)(8)(c) to permit an addition
encroaching approximately 48' into the 60' required rear yard.
Attached is a copy of the particular standards which must be met by an
applicant in requesting any zoning variations.
Respectfully submitted,
Bruce F. Kapff
Assistant to Village Manager
BFK:sps
fogarty
Attachment
cc: Mr. Edward R. Fogarty
8205 Bromley
Orland Park, IL 60462
6
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
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
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
I
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.
(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-
cated.
(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
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 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 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
n LEriA�IIOTICE' :i
VILLAGE OF 0AK BROOK
DU PAGE AND COOT(COUNTIES.ILLINOIS y
ENTICE IS MEREBY�GIEVEN tat Pubic E�Ifel .
Board of Appeals of the 101898 of Oak Brook�peP�afge�end Cook
Courses,Illinois,win be held on Apra 5.1988 at 7:30 P.M.in the .
. Oak Brook VOlege Hap.1200 Oak Brook Road,Illinois,for the pur-
variations of n9 the application of Edward and Loraine Fogarty .
di nonce of the VI Provided ott�Section Illinois.O a the Zoning or.
s PUBLISHER'S CERTIFICATE
. amended. Brook ItOnob,ordinance G-80,as
reVw :led /A variation r 10wNrom etkxm of the Zwft Ordinance are
to permit ste :1)A aUori o}a provelons of Sectk n XII(B)(2)(b)
norKW01mirg structure;and 2)A varlaboonfrom a p�rovW of
Section VIND)(8)(c) to permit coratructbn or an addition en.
aOachuV 81DWO Mnately 48 feet,into the 60 row reared raw IS TO CERTIFY That the notice, a true copy of which is attached to this
T'1ep'Ope'n^�r�9�r I- , , ss,:Washington, ertificate, was published in THE DOINGS once each week for
street,Oak Brook.101nole,and the legal description is as follows:
. Lots 7 and B In Glendale Subdivision,a subdivision of pert of
tha East%of the Swtwmt%air section 3e.Township 39 ................one............................. weeks sucessively; that the date
North.Range 11.East of the Third prrrcpy Meridian,acid a
rawbdivis-of Lots 1 to 4 In Block 2 of the Town of
Morded%ePttsm�ber e..i 92s:Do i"giber " f the first publication was the .....1.0.t h....................................day of
220961,In Dupaga County._Obvis.Permmuenerd Parcei No.:::
06.31.307-006. -. .
AJ persons deeming to be heard In support of or in opp0al9on to-
the proposad variatbrro or any to do so and nW � two,,, M.a r C .,.......-.A.D., 19 .8.8.., and that the date of the last publication was
OPPOrkifft__. wrIft or both.The hearing may be recessed to arno9lda e p
nosoe of time and piece thereof Is PUb"ernow ced at the hear.
Ivor le en giv by newspaper publication not lees than mire(5)days the ............................. day of............................. A.D., 19......
prior 10 the We Of the recessed hearing. -
Marianne U*oas
Published at the dVeolion or Ire corporate Authorities,and ZoM AND IT IS FURTHER CERTIFIED That THE DOINGS is a secular newspaper of
Counties.I d�f the VNagaofOskBrooK Dupaga and cook general circulation, published weekly in the Villages of Hinsdale, Clarendon Hills,
published in The D-9e March 10,1988. Oak Brook,Burr Ridge,Willowbrook and City of Darien and circulated generally in
the Villages of Hinsdale, Clarendon Hills,Oak Brook,Burr Ridge,Willowbrook and
- City of Darien and adjacent-unincorporated and incorporated areas,and in DuPage
and Cook Counties, Illinois, and in other areas; that said THE DOINGS is a
"newspaper" as defined by the Illinois Statutes made and provided for such situa-
tions,to wit;by Section 5 of"An Act to revise the law in relation to notices,"1874,Feb.
13,R.S.1874,p.723,§5,as amended 1959,July 17,Laws 1959,p.1494,§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,as amended 1927,June 29,Laws 1927,p.
603,§1,and as further amended 1945,April 12,Laws 1945,p. 1089,§1,and as further
amended in 1957,July 9,Laws 1957,p.2270,§1,and as further amended 1959,July 17,
Laws 1959,p.1496,§1;and that said THE 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 DOINGS has affixed his hand and seal this
.......IIt.h................. day of .......Mar-ch..............I A.D. 1988...
Publishers Charge ...$3.7..60..
7
Publisher �7ti
041
The Village of Oak k
1200 Oak Brook Road r
Oak Brook, IL 60521
Gentlemen:
Please publish the following legal notice for publication on March 10, 1988.
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 April 5, 1988 at 7:30 p.m. in the Oak Brook Village Hall, 1200 Oak
Brook Road, Illinois, for the purpose of considering the application of Edward
and Loraine Fogarty for variations as provided under Section XIII(G) of the
Zoning Ordinance of the Village of Oak Brook, Illinois, Ordinance G-60, as
n.
amended.
Variations to the following Sections of the Zoning Ordinance are requested:
1) A variation from the provisions of Section XII(B)(2)(b) to permit
construction of a non-conforming addition to an existing non-conforming
structure; and 2) A variation from the provisions of Section VII(D)(8)(c) to
permit construction of an addition encroaching approximately 48 feet into the
60 foot required rear yard.
The property may be generally described as 3814 Washington Street, Oak Brook,
Illinois, and the legal description is as follows:
Lots 7 and 8 in Glendale Subdivision, a subdivision of part of the East
1/2 of the Southwest 1/4 of Section 36, Township 39 North, Range 11,
East of the Third Principal Meridian, and part of the East 1/2 of the
Northwest 1/4 of Section 1, Township 38 North, Range 11, East of the
Third Principal Meridian, and a resubdivision of Lots 1 to 4 in Block 2
of the Town of Fullersburg, according to the plat of said Glendale
Subdivision recorded September 8, 1926, as Document Number 220961, in
DuPage County, Illinois. Permanent Parcel #06-36-307-006.
All persons desiring to be heard in support of or in opposition to the
proposed 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.
Published in the Oak Brook DOINGS.
LGLNOT
w1/
Y
Zut,
OF OAk
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O N
4 `c'
9CF
COUNT"
VILLAGE O F OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
March 3, 1988 312990-3000
Dear Resident:
The Oak Brook Plan commission and/or Zoning Board of Appeals, and the Village
Board will be considering a:
_ Preliminary Plan _ Final Plat X Variation
Special Use _ Zoning Amendment
at the meetings as scheduled on the reverse side of this notice.
The application has been filed by: Edward & Loraine Fogarty, 8205 Bromley,
Orland Park 60462.
Relationship of Applicant to Property: Owner
Name of Subdivision (if applicable) : N/A
The property in question is situated at: 3814 Washington Street -
Also shown on the reverse side is a map of the area to assist you in
determining your relationship to the property in question. The request which
has been made is as follows:
1. A variation from the provisions of Section XII(B) (2)(b) to permit
construction of a non-conforming addition to an existing non-con-
forming structure.
2. A variation from the provisions of Section VII (D)(8)(c) to permit
construction of an addition encroaching approximately 48 feet into
the 60 feet required rear yard.
If you desire more detailed information, we would suggest that you-=contact
Mr. Bruce F. Kapff, Assistant to the Village Manager, at the Village Hall to
review the file on this application. We will be looking forward to your
attendance at the public meetings.
Sincerely yours,
Stephen Berley
Village Manager
SB/jr
RESLTR
z
Marianne Lakosil, CMC
Village Clerk
Approved
VILLACE, OP OAK BROOK Kinutes - March 3, 1988
ORDINANCE NO. S- 638
AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF
SECTION KII(B)(2)(b) AND SECTION VII(D)(8)(c)
OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK
RELATIVE TO REAR YARD RLQUIRElU+NTS
(3814 Washington Street)
WHEREAS, an application has been filed requesting variations from the
provisions of Section XII(B)(2)(b) and Section VII(D)(8)(c) of the Zoning
Ordinance of the Village of Oak Brook to permit the construction of additions
to an existing single-family residence in the rear yard; and
WHEREAS, a public hearing on such application has been conducted by the
Zoning Board of Appeals of the Village of Oak Brook on April 5, 1988 pursuant
to due and appropriate legal notice; and
WHEREAS, a recommendation has been made by said Zoning Board of Appeals
that the variations requested be granted; and
WHEREAS, the Village President and Board of Trustees concur with the
recommendation and findings made by the Zoning Board of Appeals subject to the
revisions in the plans made by the applicant to minimize the variations;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth are
hereby adopted as though fully set forth herein.
Section 2: That variations are hereby granted from the provisions of
Section XII(B)(2)(b) and Section VII(D)(8)(c) of the Oak Brook Zoning
Ordinance to permit construction of additions to an existing single-family
residence encroaching into the rear yard provided that the additions be
constructed no closer than 16 feet from the westerly rear lot line of the
subject property, and further provided that said addition be constructed in
substantial conformity with the site plan prepared by Lawrence P. Filippi &
Associates, Inc. dated as last revised May 16, 1988. A copy of said site plan
is attached hereto, labelled "Exhibit A" and hereby made a part hereof.
Section 3: That this Ordinance is limited and restricted to property
commonly known as 3814 Washington Street, Oak Brook, Illinois, which property
is legally described as:
Lots 7 and 8 in Glendale Subdivision, a subdivision of part of the East
1/2 of the Southwest 1/4 of Section 36, Township 39 North, Range 11,
East of the Third Principal Meridian, and part of the East 1/2 of the
Northwest 1/4 of Section 1, Township 38 North, Range 11, East of the
Third Principal Meridian, and a resubdivision of Lots 1 to 4 in Block 2
of the Town of Fullersburg, according to the plat of said Glendale
Subdivision recorded September 8, 1926, as Document Number 220961, in
DuPage County, Illinois. Permanent Parcel #06-36-307-006.
Section 4: That this Ordinance shall be in full force and effect from and
after its passage and approval pursuant to law.
PASSED THIS 14th day of June 1988.
Ayes: Trustees Bartecki Bushv, Imrie, Maher, Rush and Winters
Nays: None
Absent: None
• • r
Ordinance No. 5-638
Granting a Variations from the
Provisions of Sections
XI (6)(2)(b) and VII(D)(8)(c)
Relative to Rear Yard Requirements
APPROVED THIS 14th day of June ' 1988
f
r
,ar V'. 4- pr
ident
ATTEST:
Villa.ye Clerk
1 ,
Approved as to Form:
Vill ge Att rney
Published
Date Paper
Not Published %X
I
ORD.S11
6 01
00 '691
--------------------------------------- _
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' 3-AV- 4OOM
V I L L G E OF ZON10 OMINANCE FLOOD PLAIN
�_. OAK BROOK
1200 OAK BROOK ROAD APPEAL VARIATION
M 1 0 300
0
- OAK BROOK ILLINOIS 60521 $ $
0-
99 30 00
✓ VARIATION f 1 SPECIAL USE
r�Q $300 L_t $675
APPLICATION FOR PUBLIC HEARING
f—I AMENDMENT
TO BE FILED WITH VILLAGE CLERK $650
SPECIAL USE
$400
(Section 2-225, 8/11/81;
-------------------------------------------------------------------•-----------------------------------
ALL APPLICATIONS MUST BE ACCOMPANTED 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 SPAC -- FOR OFFICE USE ONLY
Date Filed: 91 1C) 53 Board of Trustees Referral
Notice Published: 3'�� - �� Newspaper:
Date Adjacent Property Owners Notified: Staff Referral:
Public Hearing Dates: Plan Commission /G Zoning Board of Appeals
Board of Trustees Board of Trustees S/v -&3
/ (Approval of Ordinance
FEE PAID• $ 7r� Receipt No. : b 7 6 2 7 Received
Village Clerk
---------------------------------------------------------------------------------------------------
APPLICANF TO COMPLETE
LOCATION OF SUBJECT PROPERTY: PERMANENT PARCEL NUMBER C&-? �//__-07-101"004
LOT NO. SUBDIVISION G� 'Nc ADDRESSi1 1;tI4 N WA►5 Fl"N `r. ±f
ZONING 2 ZONING ORDINANCE SECTION
ACTION REQUESTED 9� I�W LAFW O TO 12.0 TO AVwi'V
t:^v C/NS � 0 NSW APP1110N AW A'fW MJFk�T
PROPERTY INTEREST OF APPLICANT: OWNER F\7-1 CONTRACT PURCHASER AGENT J=
OWNER(S) OF RECORD EDP,1 Q e 0 R. thin kjok A•i wr- E66-a&i`/ PHONE NUMBER O q 9 30 //
ADDRESS h ,� R QM I F y ORLAA"r P N 1 LL ZIP t, j) y L
BENEFICIARY(IES) OF TRUST: PHONE NUMBER
ADDRESS ZIP
NAME OF APPLICANT E 0!,)A R 0 F-Q C F) R I PHONE NUMBER2V j 3n i t
ADDRESS �C',S ?I� , M C `/ O R �-� n;:7 P)r /C C ZIP �;d �� .
I (we) certify that all of the above statements and the statements contained in any papers
or plans submitted herewith are true to the best of my (our) knowledge and belief.
ignature) Applican Date sif;nature) Applicant Date
�
/* �w
NOTICE TO APPLICANTS
Filing Schedule
VARIATION: MUST BE RECEDED APPROyIDIA'ITLY SLZ (6) WEEKS PRIOR TO 'LIE
PUBLIC HEARING HELD ON THE FIRST TUESDAY OF EACH MONTH.
AMENDMENT OR
SPECIAL USE: MUST BE RECEIVED PRIOR TO T11E 1STII OF TIIE MONTH FOR PLAN
COMMISSION TEARING ON TILE THIRD KINDAY OF 111E FOLLOWING
MONTH, WITII ZONING BOARD PUBLIC HEARING TO FOLLOW.
A Variation is a zoning adjustment which permits minor changes of district recuire-
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. 11Riere 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
fvA ,-IC_ . !+"'' -t,`�• 'r`! '~-^ =I=S.� ✓� 1 '1'I� ypy�.I.r �1
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BANK RECEIPT NAME DESCRIPTION RECBEY:
TRANSIT S CHECKS $ CASH NUMBER DATE
NO.
INVALID
"k VILLAGE OF OAK BROOK 63627 SIGNATURE
• 1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
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E� u PHONE: (312) 654-2220
RETAIN THIS RECEIPT 07"
FOR YOUR RECORDS
SAFEGUARD BUSINESS SYSTEMS
ED FOGARTY CONCRETE, INC. 29482
=_ 16545 S. OAK PARK AVENUE
60477 ILL
TINLEY PARK, .
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PAY
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ORDER OF
DOLLARS
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MARQUETTE NATIONAL BANK ED FOGARTY CONCRETE, INC.
6316 SOUTH WESTERN AVENUE
312.476-5100
r CHICAGO.ILLINOIS 60638
FOR
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1150 2948 2115 1:0 7 1004 2841: 115 248- 2 3 5 5u5
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
February 4, 1993 708 990- 3000
Mr. & Mrs. E. Fogarty
3814 Washington
Oak Brook, II, 60521
RE: Variation - 3814 Washington
Dear Mr. & Mrs. Fogarty:
Based on the determination that your proposed deck was in a rear yard and not a side yard, your
variation request is unnecessary.
As a result, the Zoning Board of Appeals terminated the processing of your variation at their
February 2, 1993 meeting.
You may apply for the necessary permits to construct your deck as per the plan that was included
with your variation submittal.
However, it has come to our attention that you have recently constructed, without the required
permit, a fence extending from the southwest corner of your home south to your lot line. This
fence is approximately 6 feet high and solid by our definitions. The maximum fence height
permitted is 42" and all fences must be at least 50% open.
We will not issue your deck permit until this fence problem has been resolved.
Call if you have any questions.
Very truly yours,
Thomas R. Hawk
Director of Code Enforcement
TRH/gp
cc: Rich Arling, Chief Building Inspector
Petition file
iy.
VILLAGE OF OAK BROOK
ZONING BOARD OF APPEAL MINUTES
February 2, 1993
I. CALL TO ORDER
The meeting was called to order at 7:36 p.m.
MEMBERS PRESENT: Chairman William Kenny
Members Champ Davis
Dorothy Dosedlo
Paul Martis
Manu Shah
MEMBERS ABSENT: Louis Aldini
ALSO PRESENT: Trustee Kelly Skinner
Director of Code Enforcement Thomas Hawk
Village Attorney Dick Martens
A quorum was present
H. APPROVAL OF NIINUTES
Member Davis moved, seconded by Member Dosedlo, to waive the reading of the minutes and
to approve them as written.
VOICE VOTE: All in favor. Motion passed.
III. FOGARTY VARIATION - 3814 Washington - Side Yard
Tom Hawk reported that the original request was in error. The petition was based on an
encroachment into a side yard. The yard involved has been previously defined as a rear yard and
as such, no variation is necessary. The Board of Trustees has been advised of this and has
referred the petition back to the Zoning Board of Appeals.
Director of Code Enforcement, Tom Hawk, has determined that no variation is required and,
unless the Zoning Board of Appeals objects to this decision, the processing of this petition will
be terminated. There being no objection, this procedure is terminated and the petition is closed.
III. WHITEHALL PARKKJCOVINGTON COURT - Revocation of Special Use and
Preliminary Plat of Resubdivision
�- Chairman Kenny swore in all witnesses who will give testimony in the public hearing. Douglas
Slansky identified himself as the attorney for Covington Court and summed up the history and
ZONING BOARD OF APPEALS Minutes February 2,1993
1 VJ 1 •
9. CRAWFORD MURPHY & TILLY - PAYOUT #2 - UNDERGROUND STORAGE CMT: USTs -
TANKS: Approved Omnibus Vote. $1,608.35
10. INTERGOVERNMENTAL RISK MANAGEMENT AGENCY (IRMA) - 1993 IRMA:
ANNUAL CONTRIBUTION: Approved Omnibus Vote. $269,333.00
11. YEADON FABRIC DOMES INC. - PAYOUT #2 - TENNIS BUBBLE: YEADON:TENNIS
Approved Omnibus Vote. BUBBLE -
$57,860.00
RECOMMENDATION - TO REFER THE SIDE YARD VARIATION REQUEST (3814 REFERRAL:
C. :
Washington - Fogerty) TO THE ZONING BOARD OF APPEALS MEETING OF S.Y.VAR.-
FEBRUARY 2, 1993: Approved Omnibus Vote. (3814 Washing-
ton-Fogerty)
6. ITEMS REMOVED FROM OMNIBUS AGENDA: None.
7 . FINANCIAL:
Trustee Shumate noted that a power washer rented for $329.98 by the
Sports Core can be purchased for the same amount as the rental fee.
A. APPROVAL OF BILLS: APPROVAL OF
BILLS
Voucher List of Bills Presented for .Approval January 12, 1993 to
reflect payment from the following funds:
General Corporate Fund $456,510.67
Hotel/Motel Tax Fund 46,960.38
Motor Fuel Tax Fund 12,337.44
Water Fund 249,928.77
Police Pension Fund 245.00
Firefighters Pension Fund 245.00
Sports Core Fund 115,524.75
Trustee Bartecki moved to approve Voucher List of Bills in the
total amount of $881,752.01 and authorize the Village President to
affix her signature thereon. Seconded by Trustee Skinner.
Trustee Winters abstained from voting on the bills from Illinois
Bell and Ameritech due to employment on a contract basis by same.
ROLL CALL VOTE:
Ayes: 6-Trustees Bartecki, Mayer, Payovich, Shumate, Skinner
and Winters.
Nays: 0-None.
Absent: 0-None.
Abstain: 1-Trustee Winters as noted above. Motion carried.
VILLAGE OF OAK BROOK Minutes 3 January 12, 1993
46 /6.
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9C�COUNty'`�v`?
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990-3000
MEMO
January 19, 1993
TO: Zoning Board 9f Appeals
FROM: Tom Haw
SUBJECT: Fogarty Variation -.3814 Washington
When the petitioner applied for this variation it was described as a side yard encroachment. In
reviewing the history of this property it was determined that in two previous zoning variations
the yard that is involved was defined as a rear yard
At the public hearing on December 1, 1992, we proceeded on the basis that a rear yard variation
was required. No recommendation was made as you were unable to reach the required majority
or motions to recommend approval or denial.
While reviewing the file prior to making my recommendation to the Board of Trustees,I realized
that, as a rear yard, a variation was not necessary. Decks are permitted to encroach in required
rear yards.
I requested that the Board refer this back to the Zoning Board of Appeals meeting of February
2, 1993.
It is my decision that a variation is not necessary, however, I would like to review this with you
before we terminate processing this petition.
cc: Petition files
pF OgKe Opp
9
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
January 14, 1993 708 990-3000
Dear Resident:
The Oak Brook Plan Commission and/or Zoning Board of Appeals, and the Village Board will
be continuing consideration of a:
VARIATION. Since previous zoning petitions have defined the west yard of
this property as the rear yard, a variation may not be necessary and the
petitioner will be able to obtain a permit without any further zoning relief,
at the meetings as scheduled on the reverse side of this notice.
The application has been filed by: Mr. & Mrs. Fogarty
Relationship of applicant to property: Owner
Name of subdivision (if applicable): Glendale Subdivision
The property in question is located at: 3814 Washington St.
Also shown on the reverse side is a map of the area to assist you in determining your relationship
to the property in question.
The request which has been made is as follows:
To reduce the required side yard from 18 ft. to approx. 10 ft. 6 in. to allow
construction of an entry stair and deck accessing the 2nd floor at the west
side of the structure.
If you desire more detailed information, please contact me at the Building Department to review
the file on this application. I look forward to your attendance at the public meetings.
Sincere y yours,
Thomas R. Hawk
Director of Code Enforcement
fogarty-2.1tr /
All meetings are • in the Samuel E. Dean Board r •• of the Oak Brook Village on
Oak Brook • • (31st Street) and Spring Road, Brook, Illinois.
Zoning Board of Appeals , r February • •
Board •
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK-, ILLINOIS 60521 -2255
703 990- 3000
MEMO
January 7, 1993
TO: President Bushy and Board of Trustees
FROM: Tom Hawk, Director of Code Enforceme
SUBJECT: Fogarty Variation Request - 3814 Washington - Rear yard encroachment
RECOMMENDATION: Refer back to the Zoning Board of Appeals. Decks are permitted
accessory structures in rear yards and a variation may not be
necessary.
The petitioner's original request was based on the assumption that the proposed deck would
encroach into a required side yard. During our review and evaluation prior to the public hearing
it was determined that the yard we are dealing with had been defined as the rear yard in the two
previous zoning variation petitions which had been granted.
Unfortunately, it did not occur to me that as a deck in a rear yard a variation may not be
required The deck, as proposed, meets the height area and lot line separation requirements. A
variation may not*be necessary.
The Zoning Board of Appeals was not able to reach a consensus recommendation at their meeting
of December 1, 1993.
Chairman Kenny and I have reviewed this situation and feel that the best way to handle this
confused situation would be to refer this back to the Zoning Board of Appeals for further review.
The petitioner is amenable to this and we will renotify the adjacent neighbors.
I
'I
/3.
December 9, 1992
Board of Trustees
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60521
Subject : Fogarty Variation - 3814 Washington
Dear Madam President and Board of Trustees :
The Zoning Board of Appeals, at their regular meeting of December
1, 1992, held the public hearing pertaining to the Fogarty
Variation request - 3814 Washington.
Motions to recommend approval and denial were made but both failed
to get the necessary 4 votes needed to pass .
Those in favor of the proposal felt that the deck addition would
have no detrimental effects and was justified by the unique
circumstances of the original home placement and the steep
topography of the site.
Those opposed to the request felt that adequate hardship or unique
circumstance had not been established and that to reduce the
already small rear yard from 16 feet to 8 feet was excessive and
may set an undesirable precedent .
Based on the feelings of the members that a consensus yielding a
successful motion would not be obtained by further deliberation, it
was decided to report to the Board of Trustees that as a result of
the failed motions, they were not able to provide a recommendation
in this matter.
Respectfully submitted,
William Kenny
Chairman
Zoning Board of Appeals
cc: Petition files
12A
•
Mr. Hawk explained the Board of Trustees actions that resulted in
this petition being referred back to the Zoning Board of Appeals .
Attorney Brechin reviewed the elements of the petition including
the supportive letter from the Oak Brook Historical Society.
A brief general discussion ensued.
There was no public testimony.
Member Aldini moved, seconded by Member Davis, to reaffirm the
previous recommendation for approval including the findings and
conditions previously stipulated. Also, now included is
consideration of the Historical Society letter of support .
ROLL CALL VOTE: Ayes : Aldini, Davis, Dosedlo, Kenny
Nays: Shah
Motion passed.
Mr. Hawk notified the petitioner that their proposal would be
placed on agenda of the January 12, 1993 Board of Trustees meeting.
`V. FOGARTY VARIATION �- 38�14W�ashi�no�n - Side Yard
The petitioner was represented by Mr. Brian Winley, agent for the
owner and Larry Filippi, architect. Both were sworn.
Mr. Hawk pointed'out that the variation requested is not correctly
described. The yard, that the proposed deck will be in, has been
defined by two previous variations, as the rear yard.
Mr. Winley described the proposed deck and indicated the following
as reasons for the variation proposed. !
i
1 . The deck will provide a secondary ingress/egress
capability for the second floor which may be of use in an
emergency.
2 . The original placement of the house very near to the rear
and interior side lot lines. constitutes a hardship and
unique circumstance.
3 . The unusual topography of the site; specifically a steep \
hill rising to the west of the house .
A general discussion ensued covering in part the following:
I
1 . the history of the site
2 . the size of the deck being large enough for purposes
other than ingress/egress
3 . the floor plan
4 . the topography of the site
ZONING BOARD OF APPEALS Minutes December 1, 1992
2
l �-
Chairman Kenny felt that further reducing the rear yard from 16
feet to 8 feet was excessive in light of the ._60 foot rear yard
requirement and that the petitioner had not shown a substantial
hardship. He was also concerned with setting an undesirable
precedent .
Member Aldini was in favor of the proposal on the basis that the
existing rear yard serve no real purpose due to the topography and
that there would be no detrimental effect on any other property
owners .
There was no public testimony.
Member Aldini moved, seconded by Member Davis, to recommend
approval of the variation as requested on the basis that the
existing location and topography constituted a unique circumstance
and that their are no anticipated detrimental effects.
ROLL CALL VOTE: Ayes: Aldini, Davis, Dosedlo
Nays: Kenny, Shah
Motion failed.
Chairman Kenny moved, seconded by Member Shah, to recommend denial
on the basis that an acceptable hardship had not been shown .and
that the variation would be excessive and set an undesirable
precedent .
ROLL CALL VOTE: Ayes: Shah, Kenny
Nays : Aldini, Davis, Dosedlo
Motion failed.
The members concluded, that in light of the two failed motions, '
they are unable to make a recommendation regarding this matter.
VI . ADJOURNMENT
Member Shah moved, seconded by Member Dosedlo to adjourn.
VOICE VOTE: All in Favor. Motion passed.
Meeting was adjourned at 8 :.56 p.m.
Approved
Date
ZONING BOARD OF APPEALS Minutes December 1, 1992
3
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9
COUNT'
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
NEMORANDLIM
iO3 990-1000
TO: Zoning Board f Appeals
FROM: Tam Haw
DATE: December 1, 1992
SUBJECT: Fogarty Variation Request
The following information will be helpful in reveiwing this request:
The current lot is made up of a consolidation of two lots of the Glendale
Subdivision of 1926.
The lot area is approx. 26,000 sq. ft. which is below the Zoning District
minimum of 43,560 sq. ft. ( 1 acre).
The original hone was built sometime prior to annexation in 1962. The
placement of the home was nonconforming with respect to our Zoning Ord.
Their have been two previous variation requests. The first in 1972 was
approved as requested. The second was approved as modified and did not
permit any additional reduction of the rear yard greater than the original
home placement. See the Setback History Table below for more details
regarding the yard setbacks on this property.
SETBACK HISTORY
YARD ORD. 1962 ADDITION ADDITION PRESENT
ORIGINAL S-256 S-638 PROPOSAL
FRONT (E) 40' 72'
SIDE (N) 40' 48'
SIDE (S) 18' 29' 13'
REAR (W) 60' 16' 28' 16' 10'
(12'requested)
The proposed variation request incorrectly describes this as a side yard. The
two previous actions have defined the west yard as the rear yard for this
property. We should adher to this designation.
Attached are copies of the previous ordinances and descriptive site plans
illustrating the previous variations.
IDO
ODOR O,KA
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
November 25 , 1992 708 990- 3000
MEMO TO: Tom Hawk, Director of Code Enforcement
FROM: Dale L. Durfey, Jr .,--P-,-E.
SUBJECT: Variation Request Fogart , 3814 Washington Street
The Engineering Department does not have any comments concerning the
above stated subject since it appears that no engineering issues are
involved.
Respe lly submitted,
Da L. Durfey, Jr . , P.E.
Village Engineer
DLD/wkf
I
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ORDINANCE NO.
AN ORDINANCE GRANTING A VARIATION TO
THE RULES AND REGULATIONS OF "THE
ZONING ORDINANCE OF THE VILLAGE OF
OAK BROOK, ILLINOIS, OF 1966", AS AMENDED
Whereas, the owner of the property more particularly herein-
after described has petitioned the corporate authorities of the
Village of Oak Brook for a variation to the rules and regulations
of "The Zoning Ordinance of the Village of Oak Brook, Illinois, of
1966", as amended, with respect to 'side .yard requirements; and
Whereas, a public hearing pursuant to said request has been
held by the Zoning Board of Appeals of the Village of Oak Brook;
and
Whereas, the President and Board of Trustees of the Village of
Oak Brook have reviewed the proceedings and are of the opinion that
a variation should be granted;
NOW, THEREFORE, BE IT ORDAINED by the President and Board of
Trustees of the Village of Oak Brook, DuPage County, Illinois, as
follows:
Section 1. That the applicable rules and regulations of "The
Zoning Ordinance of the Village of Oak Brook, Illinois, of 1966",
as amended, contained in Section VII, Paragraph D, Subsections 8 (b)
and 8 (c) , are hereby varied to permit a side yard from 18 feet to
13 feet and a rear yard from 60 feet to 28 feet for the construction
of an addition to the existing residence in the area indicated on
the Plat of Survey prepared by Harry A. Ekdahl.
Section 2. The real estate effected hereby is legally described
as, to-wit:
Lots 7 and 8 in Block 4 in Glendale Subdivision, a
subdivision of part of the East half of the South-
west quarter of Section 36, Township 39 North, Range
11, East of the Third Principal Meridian, also part
of the East half of the Northwest quarter of Section
1, Township 38 North, Range 11, East of the Third
Principal Meridian, in DuPage County, Illinois.
commonly known as the southwest corner of Washington and Wood Streets,
Oak Brook, Illinois.
Section 3. This ordinance shall be in full force and effect
from and after its passage and approval as by statute in such case
made and provided.
PASSED and APPROVED by the President and Board of T tees of
the Village of Oak Brook, Illinois, this 2S12� day of ,
1972.
APPROVED:
Samael C. _'bewy
President
AT EST:
7
epu Village Clerk
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County of DuPape t s's County a( DuPoge i s.s
owner _ ��chard ::islet
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Survey No._.__??�=31_ .hown hereur.. p F r is a correct representation of some. All distonces are given in
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HARRY A. Ei:DAHL and ASSOCIATES VIVA PARK. ILLINOIS—_ t'•��' ��• 1P7?
ORDINANCE NO. S- 638
AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF
SECTION XII(B)(2)(b) AND SECTION VII(D)(8)(2)
OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK
RELATIVE TO REAR YARD REQUIREMENTS
(3814 Washington Street)
av
WHEREAS, an application has been filed requesting variations from the
provisions of Section XII(B)(2)(b) and Section VII(D)(8)(c) of the Zoning
Ordinance of the Village of Oak Brook to permit the construction of additions
to an existing single-family residence in the rear yard; and
WHEREAS, a public hearing on such application has been conducted by the
Zoning Board of Appeals of the Village of Oak Brook on April 5,1988 pursuant
to due and appropriate legal notice; and
WHEREAS, a recommendation has been made by said Zoning Board of Appeals
that the variations requested be granted; and
WHEREAS, the Village President and Board of Trustees concur with the
recommendation and findings made by the Zoning Board of Appeals subject to the
revisions in the plans made by the applicant to minimize the variations;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth are
hereby adopted as though fully set forth herein.
Section 2: That variations are hereby granted from the provisions of
Section XII(B)(2)(b) and Section VII(D)(8)(c) of the Oak Brook Zoning
Ordinance to permit construction of additions to an existing single-family
residence encroaching into the rear yard provided that the additions be .
constructed no closer than 16 feet from the westerly rear lot line of the
subject property, and further provided that said addition be constructed in
substantial conformity with the site plan prepared by Lawrence P. Filippi &
Associates, Inc. dated as last revised May 16, 1988. A copy of said site plan
is attached hereto, labelled "Exhibit A" ,and hereby made a part hereof.
Section 3: That this Ordinance is limited and restricted to property
commonly known as 3814 Washington Street, Oak Brook, Illinois, which property
is legally described as:
Lots 7 and 8 in Glendale Subdivision, a subdivision of part of the East
1/2 of the Southwest 1/4 of Section 36, Township 39 North, Range 11,
East of the Third Principal Meridian, and part of the East 1/2 of the
Northwest 1/4 of Section 1, Township 38 North, Range 11, East of the
Third Principal Meridian, and a resubdivision of Lots 1 to 4 in Block 2
of the Town of Fullersburg, according to the plat of said Glendale
Subdivision recorded September 8, 1926, as Document Number 220961, in
DuPage County, Illinois. Permanent Parcel #06-36-301-006.
Section 4: That this Ordinance shall be in full force and effect from ana
after its passage and approval pursuant to law.
PASSED THIS 14th day of June 1988.
Ayes: Trustees Bartecki. Bushv, Imsie, Maher. Rush and Winters
Nays: None
Absent: None
•
Ordinance No. S-638
Granting a Variations from the
Provisions of Sections
XII(B)(2)(b) and VII(D)(8)(c)
Relative to Rear Yard Requirements
APPROVED THIS 14th day of June , 1988,
r
V' a e President
ATTEST:
Village --lerk ,
Approvedas to Form:
I
I
Vill ge Attorney
Published
Date Paper
Not Published xx
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990- 3000
November 16, 1992
Mr, and Mrs, E. Fogarty
3814 Washington
Oak Brook, IL 60521
Dear Mr. and Mrs . Fogarty :
The Village has received your petition for a variation and the
Board of Trustees has referred it to the Zoning Board of Appeals
for the required public hearing on December 1 , 1992 at 7:30 P.M.
in the Samuel E. Dean Boardroom of the Village Commons, 1200 Oak
Brook Road.
Your attendance at this meeting is necessary.
Please call if you have any questions ,
Sin rely,
z-
Tom Hawk
Director of Code Enforcement
TRH/ 11
cc : petition files
5 CONSENT AGENDA:
Trustee Skinner moved to approve the Consent Agenda. Seconded by
Trustee Winters. ROLL CALL VOTE:
Ayes: 6-Trustees Bartecki, Mayer, Payovich, Shumate, Skinner and
Winters.
Nays: 0-None.
Absent: 0-None. Motion carried.
A. PAYOUTS: PAYOUTS:
1. CRAWFORD, MURPHY & TILLY, INC. - PAYOUT #1 - UNDERGROUND CMT: UNDERGROUNL
STORAGE TANKS - CONSULTING ENGINEERING SERVICES: Approved STORAGE TANKS
Omnibus Vote. CONSULTING
$1,797.00
2. THOMAS M. MADDEN COMPANY - PAYOUT #2 - OLD OAK BROOK DAM: T.M.YADDEN:
Approved Omnibus Vote. OLD •O. B. DAM -
$30,-187.75
3. DOMINIC FIORDIROSA - PAYOUT #5 & FINAL - 1990 DRAINAGE FIORDIROSA:
PROJECT NO. 90-1302: Approved Omnibus Vote. 1990 DRAINAGE
$1,500.00
4. JAMES J. BENES & ASSOCIATES - PAYOUT #5 - JORIE BOULEVARD J.J.BENES:
CONSTRUCTION - INSPECTION SERVICES: Approved Omnibus Vote. JORIE BLVD.
CONSTR. INSP.
5. CRAWFORD, MURPHY & TILLY, INC. - PAYOUT #2 - PROFESSIONAL $25,318.43
SERVICES - BRIDGE INSPECTIONS: Approved Omnibus Vote. CMT: BRIDGE
INSPECTIONS -
B REFERRALS: $3,591.10
REFERRALS:
1. FOGARTY VARIATION - SIDE YARD ENCROACHMENT - 3814 WASHINGTON FOGARTV• aTnF
STREET -- REFER TO ZONING BOARD OF APPEALS MEETING OF YARD VAR.
DECEMBER 1, 1992: Approved Omnibus Vote. E ashington
2. INSTITUTE IN BASIC LIFE PRINCIPLES - PETITION FOR SPECIAL IBLP: SPEC. USE
USE AND VARIATION -- REFER TO PLAN COMMISSION MEETING OF & VARIATION
JANUARY 18, 1993 AND ZONING BOARD OF APPEALS (MEETING DATE
TO BE DETERMINED) : Approved Omnibus Vote.
6. ITEMS REMOVED FROM CONSENT AGENDA: None.
7. FINANCIAL:
A. APPROVAL OF BILLS: APPROVAL OF
BILLS
Trustee Mayer inquired into The DOINGS newspaper expenditure for
$811.65. He stated it was a disservice to the Village of Oak
p
Brook
that unprofessional articles were written on the question of
Home Rule. President Bushy stated the expenditure was for the
on a Annual Treasurer's publication of the Report.
P
Voucher List of Bills Presented for Approval November 10, 1992 to j
reflect payment from the following funds:
VILLAGE OF OAK BROOK Minutes 2 November 10, 1992
I. Q.
LEGAL NOTICE
.�' VILLAGE OF OAK BROOK 1
DU PAGE AND COOK COUNTIES,ILLINOIS
NOTICE OF BLIC HEARING
NOTICE IS HEREBY GIVEN PU
RREB GIVEN tha a public hearNp before the
Zoning Board of Appeals of the Village of Oak Brock,DuPage
and Cook Counties,11 finals.will be held on December,,1992 at
790 pm.in the Oak Brock Village Hall.1200 Oak Brook Road.
Illinois•for the purpose of considering the application of Mr.6
Mrs.Fogarty,3814 Washingron,for a Variation as provided
under section x111(G)of the Zoning Ordinance of the Village of
Oak Brook Illinois,Ordinance G-60.as amended.
A Variation to the following Section of the Zoning Ordinance Is
requested:
A variation from the provisions of Section VII(D)(8)(b)
to permit a side yard of 1011.6 in.Instead of the required
18 f
The petitioner wishes to construct an entry stair and deck
accessing the 2nd floor at the west side of the structure.
The WashingtonpS't Oak may II�^�'aand tdescribed legal description'�
as follows: PUBLISHER'S CERTIFICATE
I Lots 7 and 8 in Glendale Subdivision,a subdivItion of
part at the east 12 of the southwest 114 of Section 36, -
Township 39 North,Range 11,east of the Third Principal
Meridian•and part of the seat 12 of the northwest 114 of
Section 1,Township-38 North,Range 11.east of the
Third Principal Meridian,and a resubdivisbn of Lots 1 to
4 i Block 2 of the Town of a resubdl according s the That the notice ,
plat of said Glendale Subdivision recorded September , a true copy of which is attached to this certificate
8, 1926, as document Number 220961• in DuPage
Perms Int Pa. DINGS once each week for . ArA . . . , weeks successively; that the
Permanent Parcel No.06 36.307-008. •
All persons desktop to be heard in support of or In opposASOn 11th
November 2
n was the . . day of . nd
to the d an Vtunity or any provlslon lherub ll t eir . A. D.A. D 19 . . . , and
afforded an unity ro do so and may strbM their
1.ors or w wdWtp or both.The".a<"g may be blication was the . . . . . . . . . . . day of. A. D. 19 .
reaseed to dale II notice M time and place owed Is Y
publicly artrwtartxd at the hearhkg or k ghren by newspaper
publication not less than five(5)days prior ro the date of the
recessed pet''ne application Is on file_with the Village Clark ERTIFIED That THE DOINGS is a secular newspaper of general
� e'e m� Persons so examine Director m documents t� „�t he kly in the Villages of Hinsdale, Clarendon Hills, Oak Brook, Burr
°iteC" 1 Code rookpoad. Thomas .L Hawk.521, of Dais ities of Darien and Oakbrook Terrace and circulated generally in the
Brook 12,2 oak Brook Road oak Brook.g.8052,,telephone g Y
ag9 9943845. ndon Hills,Oak Brook,Burr Ridge,Willowbrook and Cities of Darien
'Published at the erection of th,C;r Authorities 1 � d adjacent unincorporated and incorporated areas,and in DuPage and
Zoning Board of Appeals of 1M Village of oak Bm&,Oupaga "newspaper"and Cook Counties.Illinois. d in other areas; that said THE DOINGS is a newspaper as defined
Published In The Doings.November it.199Z - ode and provided 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, § 5,as amended 1959,Ju-
ly 17,Laws 1959,p. 1494, § 1;and is also a"newspaper"as defined by Section 1 of"An Act con-
cerning the publication of legal notices," 1909,June 8,Laws 1909,p. 288, § 1,as amended 1927,
June 29, Laws 1927, p. 603, § 1,and as further amended 1945, April 12, Laws 1945, p. 1089, §
1, and as further amended in 1957, July 9, Laws 1957, p. 2270, § 1, and as further amended
1959, July 17, Laws 1959, p. 1496, § 1; and that said THE 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 DOINGS has affixed his hand and seal this
. . . . . . . . . . . . . . . . . . .th. . . . . . . day of . . . . . . . . .November. . . . . . . . . ., A.D. 1992. . . .
Publishers Charge . . . 60;90• • , • • , ,
Publisher
34
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COUNt�
VILLAGE O F OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
November 6, 1992 708 99LI X000
Dear Resident:
The Oak Brook Plan Commission and/or Zoning Board of Appeals,
and the Village Board will be considering a:
VARIATION
at the meetings as scheduled on the reverse side of this notice.
The application has been filed by:Mr. & Mrs. Fogarty
Relationship of applicant to property:Owner
Name of subdivision (if applicable) : Glendale Subdivision
The property in question is located at: 3814 Washington St.
Also shown on the reverse side is a map of the area to assist you
in determining your relationship to the property in question.
The request which has been made is as follows:
To reduce the required side yard from 18 ft. to approx.
10 ft. 6 in. to allow construction of an entry stair and
deck accessing the 2nd floor at the west side of the
structure.
If you desire more detailed information, please contact me at the
Building Department to review the file on this application. I
look forward to your attendance at the public meetings.
Sin erely yours,
Thomas R. Hawk
Director of Code Enforcement
fogartyAtr
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.
Zoning Board of Appeals . . . . 7 : 30 p.m. , Tues. , Dec. 1, 1992
Board of Trustees Meeting 7 : 30 p.m. , Tues. , Jan. 12 , 1992*
*tentative
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VILLAGE O F OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
November 2, 1992 708 990. 3000
MEMO TO: President a d Board of Trustees
FROM: Tom Hawk.# I
SUBJECT: Referral - Fogarty Variation - Side Yard Encroachment -
3814 Washington Street
We have received a petition for a variation at the above
address .
Please refer this to the Zoning Board of Appeals for public
hearing at its meeting of December 1 , 1992 .
i
�I
VILLAGE GE OAK . BROOK
APPLICATION FOR PUBLIC HEARING
SINGLE FAMILY RESIDENTIAL ZONING VARIATION
FEE: $300
ALL APPLICATIONS MUST BE ACCOMPANIED BY THE $300 FEE, AND 18
COPIES OF ALL OTHER NECESSARY SUBMITTAL DOCUMENTS . PLEASE REFER
TO THE ATTACHED SUBMITTAL DOCUMENTS GUIDELINE.
------------------------------------------------------------------
APPLICANT TO COMPLETE
PROPERTY ADDRESS : 1814 WASHINGTON ST QAK BROOK IL.
PERMANENT PARCEL NO. n6-36-in7-nnti
LOT NO. Q7, ,,.(B SUBDIVISION :
ZONING: R-2 ZONING ORDINANCE SECTION : VII (D) ( 8) (b)
ACTION REQUESTED: REDUCE SIDE YARD FOR ENTRY DECK TO UPPER
LEVELS.
PROPERTY INTEREST OF APPLICANT:
OWNER X CONTRACT PURCHASER AGENT
OWNER(S) ED & LORAINE FOGARTY PHONE NO. 325-4875
ADDRESS 3814 WASHINGTON ST. OAK BROOK IL. __ ZIP 60521
APPLICANT MSAME AS ABOVE" PHONE NO. "SAME"
ADDRESS "SAME AS ABOVE" ZIP "SAME"
I (we) certify that all of the above statements and the statements
contained in any papers or plans submitted 0 rewith are true to
the st of m (our) knowledge and belie .
( ignature) plicant Date (Sign re pplicant Date
------------------------ --
DO NOT WRITE BELOW FOR OFFICE USE ONLY
I
Date Filed : c7' a3 /571 Board of Trustees Referral :
Notice Published: / i 92- Newspaper : -J r
Date Adjacent Proper y Ovjners Notified : /i 7 S
Staff Referral :
Hearing Dates :
Zoning Board: 1-- Board of Trustees :
Board of Trustees Ordinance Approval Date :
FEE PAID: $ 3D0 °D Receipt No ./,S?o L- Received-.,By : L
Vi1.1age Clerk c
resvarap.doc 4/21192 RESIDENTIAL VARIATION , PAGE 5 ;1
i
Surrounding Property Owners
Following are the names and addresses of surrounding property
owners of the property in question for a distance of 250 feet
in all directions . Do not include the width of any roads, streets,
alleys , and public ways in computing the 250-foot requirement.
These names and addresses can be :obtained at the :
Assessor's Office Assessor ' s Office
York Township Downers Grove Township
1502 Meyers Road 4340 Prince Street
Lombard', IL 60148 Downers Grove , IL 60515
(708) 627-3354 (708 ) 968-2100
The people on this list will notified by mail with the information
about your request and . the meetings schedule.
t� NAME ADDRESS
VA�yn i7 14, 3F30q • WA511in)67o&1 ST OAV1 Cv-ooK
��-��A�n � PAM'AIA �},`NnM►4Rc� .SoLn LtJO�[� Q�iAD �Ak (�2cr,4G
T L�. L•k. 12 /�L2G- 921 bJCOJ RoRD dAk 132eok
RoY Z. I-1AW-rK c2►.�C $'l8 Woa �� 126AD nAke- (32,•,0V-
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CRP—n\4) C. UJiMs 21-/Z1 c)NF-i0A s7 P4S,,t0D&w 1 ck 91107
�y<r6Nt. � TAN ATE UR-QP�f� SS �r�END�r�tr 2�, OR\< (3�oa�
DAB 'S'. SANORa C'Zu13R 25- GIF_NDRI►- tZ�, oA\��3Rdok
FWJ3.N. C_- 2►7 38o7 Ld A91.41NG�1'oN
M�'lj,i- 4 G-.,00, I?oRrl--�LLO .?811 WAS4;rJGTor.► S�7( oo, f3�k
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Attach additional pages , if necessary.
resurap.doc 4/21/92 RESIDENTIAL VARIATION, PAGE 6
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ED FOGARTY CONCRETE, INC. 41115
18535 S. OAK PARK AVENUE
TINLEY PARK, ILL. 60477
lo— Z3 19 �f4? 2-428,7,D
I ORDHE OF V L L-- - L/�
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MARQQ, E NATIONAL BAR ED FOGARTY CONCRETE, INC.
4110 SOUTH WESTERN AVENUE
312.4765100
CHICAGO,ILLINOIS W=
FOR Q�G
11104LLLSV1 -1:071,0042841: 11' 2481,1235 5110
300 o
CHECK ! CHECKS ! CASH INV M DATE NAME G.L.ACCOUNT I DESCRIPTION
NUMBER
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INVALID
4 VILLAGE OF OAK BROOK WITHOUT
� SIGNATURE
BUREAU OF INSPECTION B 5702
1200 OAK BROOK ROAD
'fee r r OAK BROOK, ILLINOIS
u
PHONE: (708) 990-3000
RETAIN THIS RECEIPT
FOR YOUR RECORDS
SAFEGUARD BUSINESS SYSTEMS
VARIATION COMMENTARY
To Board Members of Oak Brook:
We are requesting a variation in the zoning applying to the
construction of a patio/deck to be attached to our principal
residence at 3814 South Washington, Oak Brook, Illinois 60521.
This variation is being respectfully requested based upon the
following points:
• Our lot is oddly shaped. To take advantage of our second
floor sliding window accesses, we need to construct a patio/
deck. To bring this deck to the point where it does not
encroach upon the zoned setback of 16 " feet from the
property line, the structure would suffer greatly in terms of
both aesthetics and functionality.
• The addition of this patio/deck structure, were it kept within
setback restrictions, would reduce the aesthetic value of our
house to a great extent.
• As drawn, our patio/deck structure will add not only to both
the attractiveness and functionality of our home but also to
the desirability of our neighborhood.
• The topography of our lot is such that the surface of our
patio/deck will only be six feet above the majority of our
lot.
• Since our lot is set in a "valley, " it is not possible for
this structure to restrict adequate light and ventilation to
any of our neighbors in that it will end up being below the
first floor level of any other homes -within view.
• The addition of this structure, with an accompanying stairway,
will allow a much less convoluted access to our second floor
bedrooms.
• A lack of proper fire separation from adjacent structures is
not a risk in this case.
This property is one where we live with our family. Our intent
is strictly to make that living more pleasant in keeping with
aesthetic and functional standards. We feel a part of this
community and plan to stay a part of this community for a long
time to come.
Thank you for your consideration in this matter.
Sincerely,
Ed and Loraine Fogarty
3814 South Washington Avenue
Oak Brook, Illinois 60521
i
LAWRENCE P. FILIPPI & ASSOCIATES, Inc.
ARCHITECTS PLANNERS
10 S. 272 ARGONNE RIDGE RD.
HINSDALE, ILLINOIS
PHONE (708) 654-1597
FOGARTY RESIDENCE : PROPOSED NEW WOOD DECK
Upon completion of the new second floor living and bedroom spaces, the owner
would like to create a new exterior deck structure to link the new second floor
spaces with the existing patio-basketball court areas.
Functionally,the proposed new wood deck provides a useable exterior space
which is a direct extention of the new interior spaces, (breakfast area, master bed-
room area, etc.). The proposed new wood deck would be built at the same level
as the second floor. Also,the entire second floor level would have direct circulation
access to all of the highly used patio and outdoor activity areas located on the west
and north sides of the house. The ability to be able to move from the second floor
level to the exterior spaces at ground level without having to walk down and through
the first floor of the house is extremely convenient and desirable to the owner.
Aesthetically,the proposed new wood deck is a beneficial design element that is
repeated at other areas of the house.. A similar cantilevered deck exists directly
above the garage area and serves one of the existing bedrooms. The proposed
new deck would be bulk along the west and north portions of the house and would
help to tie the building structure to the ground visually as it links up with the existing
patio-basketball court which is only 6'-5" lower than the proposed new deck and
existing second floor level. The view of the deck from outside the property lines
is limited by the steep grade changes that occur along the north property line espec-
ially toward the north-west corner of the site. We feel that the addition of the proposed
deck will not adversely affect the neighbors property value visually or technically.
The proposed new wood deck is well proportioned for its use and the selection of
the materials and finishing details will be consistent with the quality of the existing
home. The new deck will be an important circulation and functional element for the
owners and it will provide a pleasing image to all of the neighbors.
Sincerely,
Lawrence P. Filippi-Architect
Mr. &Mrs. Edward Fogarty
LPF:dt
i"
PROFESSIONALS ASSOCIATED fi
LINCOLNWOODOFFICE. HIGHLAND PARK OFFICE.rfws, ;
3915 W.TOUHY AVENUE Property - Condo - Mortgage Surveys 1510 OLD DEERF=ROAD
LINCOLNWOOD,ILLINOIS 60645 HIGHLAND PARK,ILLINOIS 60035
(708) 675-3000 Uril� (708) 831-1200 , el $ - .
"&t FAX: (708) 675-2167 FAX: (708) 831-9206
ir
�^ 1
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^SOUTHWEST 1 'O
LOTS 7 AND 8 IN GLENDALE SUBDIVISION, A SUBDIVISION OF PART OF THE EAST 1/2 OF THE 0 UTHWES 4 F/
NORTH SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND PART OF THE EAST
1/2 OF THE NORTHWEST 1/4 OF SECTION 1, TOWNSHIP 38 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN, AND A RESUBDIVISION OF LOTS 1 TO 4 IN BLOCK 2 OF THE TOWN OF FULLERSBURG, ACCORDING TO THE
PLAT OF SAID GLENDALE SUBDIVISION RECORDED SEPTEMBER 8, 1926, AS. DOCUMENT NUMBER 220961, IN DuPAGE
COUNTY, ILLINOIS.
Commonly known as 3814 N. Washington St. Oak Brook, Illinois.
WOOD AVE.
15 9.00'
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��1 E DON .
CHECK ( ) IN BOX MEANS THAT SURVEY HAS BEEN BUILDING LINES AND EASEMENTS ARE SHOWN ONLY W PiEY.We'go. 6 OMPARE ALL POINTS BEFORE BUILD;Nti BY SAME AND AT ONCE REPORT ANY
MADE FOR USE IN CONNECTION WITH A REAL ESTATE OR RECORDED IN THE MAPS,OTHERWISE REFER TO YOUR DEE ((77�� ACT. O twe ERENCE.
MORTGAGE LOAN TRANSACTION AND IS NOT TO BE USED •'" ` �0281 'FOR CONSTRUCTION. State of Illinois PROFESSIONAL of Illinois
DIMENSIONS ARE NOT TO BE ASSUMED FROM SCALING. County Of Lake ss. LAND C`Aunty of Lake ss.
County of Cook _; SURVEYOR G my of Cook
We, PROFESSIONALS ASSOCIATED, do he b GertifgIlia!Ew6)F vLWe PROFESSIONALS ASSOCIATED, do hereby certify that we
Order NO. 87 -o 3293-D have located the building on the above property. , ILLINOIS ave su eyed the above described property and that the plat hereon
20 f feet drawn' corr t represe tation f said survey.
Scale: finch = _ �—
OGtolxt' 1to1 1892. i/u1U�1U`'�'�
Date AA��-
Ordered by Mr. Ed. Fogarty PROF.IL.LAND SURVEYOR PROF.IL.LAND SURVEYOR