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S-651 - 09/13/1988 - VARIATION - Ordinances VAAiM9e*r,)f RIEAffl Yf , h 4 MA S W L L;AM I V ROYAL V Lf ORDINANCE' NO. 8- (,51 cto—2'g—Aa4-�00V RI-lo'7zos A•Ka-99 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION VII(D)(6)(c) OF THE ZONING ORDINANCE of THE VILLAGE OF OAK BROOK, i ORvTNANCE G-60, AS AMENDED, Rg"XL_1Vn To REAR YARD R'W IN AN R-2 SINGLE-FAMILY DETACHED RESIDENCE DISTRICT (18 ROYAL VALE) WHEREAS, an application has been filed requesting a variation from the provisions of Section VII(D)(8)(c) of the Oak Brook Zoning Ordinance, Ordinance G-60, as amended; and WHEREAS, a public hearing on such application has been conducted by the Zoning Board of Appeals on August 2, 1988, pursuant to due and appropriate legal notice; and WHEREAS, the said Zoning Board of Appeals made explicit findings of fact that the variation requested conforms to the standards set forth in Section XIII(G)(4) of the Oak Brook Zoning Ordinance; and WHEREAS, the Village President and Board of Trustees concur with the recommendation of the Zoning Board of Appeals to grant said variation; 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 a variation is hereby granted from the provisions of Section VII( )(c) of the Zoning Ordinance of the Village of Oak Brook so as to allow the enclosure of an existing raised porch which encroaches 4.5 feet into the 60-foot rear yard, in substantial conformity with the Plat of Survey submitted with the application, a copy of which Plat of Survey is attached hereto, labelled "Exh_,;bit A", and hereby made a part here Section 3: That this Ordinance is limited and restricted to the property located at 18 Royal Vale, which property is legally described as follows: Lot 29 in Ginger Creek Subdivision of parts of Sections 27 and 28, Township 39 North, Range 11 East of the Third Principal Meridian according to the plat thereof recorded December 30, 1972 as Document No. 992 057, in DuPage County, Illinois. Permanent Parcel No. 06-28-204-006. Section 4: That this Ordinance shall be in full force and effect from and after passage and approval as provided by law. PASSED THIIS, 13th - - day of 5cj)tcmber —, 1988. Ayes: '1'rustocs Bartecki, l;ashy, Tmr:ie, Maher, Rush and Wi.nte.rs Nays: None___ Absont: �Nc�►tc _ - -- --_� ------ _- APPROVED THIS 13th day of Se»fi.ember 4ti].ago 1.9(38. ..dent - � VILLAGE OF OAK BROOK Minutes -5- August 2;, 19PR Trustee Winters moved, seconded by Trustee Maher... To concur with the recommendation of the Toning Roard of Appeals and direct the Village Attorney to prepare the necessary documentation to effectuate same. VOICE VOTE: All present, in favor. So ordered. Dimas - Rear Yard Variation (18 Royal Vale Drive): On August 2, 1988, the Zoning Board of Appeals recommended approval of the requested variation allowing an enclosure to an existing raised porch which presently encroaches 4.5 feet into the 60-foot rear yard based upon the findings of fact stated in letter dated August 12, 1988 from Chairman Savino. 40 Trustee Winters moved, seconded by Trustee Bartecki... To concur with the recommendation of the Zoning Board of Appeals and direct the Village Attorney to prepare the necessary documentation to effectuate same. VOICE VOTE: All present, in favor. So ordered. K. Frazier - Rear Yard Variation (404 Ascot Lane): On August 2, 1988, the Zoning Board of Appeals recommended approval of the requested variation to allow construction of a 15-foot by 34-foot deck to the rear of the existing residence. 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 documentation to effectuate same. VOICE VOTE: All present, in favor, with Trustee Bushy and President Cerne voting nay. So ordered. L. Bruce - Flood Plain Special Use (459 Forest Trail): Both the Plan Commission on July 18, 1988, and the Zoning Board of Appeals on August 2, 1988, recommended approval of the requested Flood Plain Special Use Permit subject to compliance with all Flood Plain requirements as reviewed by the Village Engineer. Trustee Winters moved, seconded by Trustee Maher... To concur with the recommendations of the Plan Commission and Zoning Board of Appeals and direct the Village Attorney to prepare the necessary documentation to effectuate same. VOICE VOTE: All present, in favor. So ordered. M. Bruce - Front & Side Yard Variations (459 Forest, Trail): On August 8, 19889 the Zoning Board of Appeals recommended approval of the requested front yard variation of 26 feet instead of 40 feet, and side yard variation of 10 feet instead of 12 feet to permit construction of flood walls physically separated from the existing house walls. Trustee Winters moved, seconded by Trustee Maher... To concur with the recommendation of the Toning Board of Appeals and direct the Village Attorney to prepare the necessary documentation to effectuate same subject to Items 1-4 in recommendation memo from Staff dated August 17, 1988. VOICE VOTE: All present, in favor. So ordered. VILLAGE OF OAK BROOK, Minutes -5- August 7I, lORB vP ,BOO p H G C o �2 9C °`yam FC0Urj-T VILLAGE O F OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 312990-3000 August 17, 1988 MEMO TO: Village President and Board of Trustees FROM: Stephen Berley, Village Manager Bruce F. Kapff, Assistant to Village Manager SUBJECT: Dimas - Rear Yard Variation (18 Royal Vale Drive) Mr. and Mrs. Bill Dimas are proposing to enclose an existing raised porch which presently encroaches 4.5 feet into the 60-foot rear yard. Although the existing unenclosed porch is a permitted encroachment within the rear yard, enclosing same constitutes a building addition and, as such, requires the current variation. The Zoning Board of Appeals, at its August 2nd 'nearing, recommended an approval of the requested variation for reasons stated in the August 12th letter from the Chairman. Respectfully submitted, Stephen Berley Village Manager Bruce F. Kapff Assistant to Village Manager BFK/jr SOP OAK O,A uJ � COUNTY' VILLAGE O F OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 312 990-3000 August 12, 1988 Village President and Board of Trustees Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60521 RE: rDimas - Rear Yard Variation (18 Royal Vale) Dear President and Board of Trustees: The Zoning Board of Appeals, at its Regular Meeting of August 2, 1988, considered the application of Mr. and Mrs. William Dimas for a Rear Yard Variation to permit construction of an enclosed porch addition. The Zoning Board of Appeals recommends approval of the requested Variation based on the following findings of fact: 1) Enclosing the existing deck would not alter the area, since the deck is already in existence. 2) The lot is unique due to the unusual layout which places one corner of the rear of the house closer to the rear lot line than the other westerly corner. 3) Approval of the requested variation will not decrease neighboring property values. This recommendation was made on a motion by Member Crouch, seconded by Member Herman and approved on a Roll Call Vote of five (5) ayes: Members Crouch, Herman, Martinello, Sarwar, Chairman Savino; zero (0) nays; two (2) absent: Members Shumate, Weber. Sincerely, Alfred P. Savino, Chairman Zoning Board of Appeals I APS/Jr A� ZONING BOARD OF APPEALS Minutes -4- August 2, 1988 V. DIMAS - REAR YARD VARIATION (18 Royal Vale) The Secretary noted that the required Legal Notice was published in the Oak Brook DOINGS on July 15, 1988 and surrounding property owners were notified of this hearing on July 13, 1988. Bill Robinson, contractor, was present representing this application and made the following comments in support of the request: 1) An existing elevated porch is proposed to be enclosed and, therefore, will be a building addition which is not permitted within the 60-foot rear yard. The encroachment will be approximately 4.5 feet, leaving 55.5 feet of rear yard from the closest point of the enclosed porch to the rear lot line. 2) The existing deck obtains access off of the second floor of the structure into a living room. 3) A major expense would be required to move the existing porch and enclose it elsewhere to the rear of the house which also would not be feasible, since the rest of the rear of the house is comprised of bedrooms. 4) The existing house and deck are approximately 14 years old. A motion was made by Member Crouch, seconded by Member Herman to recommend approval of the requested Variation based on the following findings of fact: 1) Enclosing the existing deck would not alter the area, since the deck is already in existence. 2) The lot is unique due to the unusual layout which places one corner of the rear of the house closer to the rear lot line than the other westerly corner. 3) Approval of the requested variation will not decrease neighboring property values. ROLL CALL VOTE: Ayes: (5) Members Crouch, Herman, Martinello, Sarwar, Chairman Savino Nays: (0) Absent: (2) Members Shumate, Weber MOTION CARRIED. . . ZONING BOARD OF APPEALS Minutes -4- August 2, 1988 . • G�OF04I�e • vrP c 9� C G O COUNT.4, VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 312990-3000 July 20, 1988 MEMO TO: Zoning Board of Appeals FROM: Bruce F. Kapff, Assistant to Village Manager SUBJECT: Dimas - Rear Yard Variation (18 Royal Vale) Mr. and Mrs. Bill Dimas, owners of the above property, have made application to enclose an existing porch thereby making this a building addition which is not permitted within the rear yard. This rear yard addition will encroach approximately 4.5 feet into the 60-foot rear yard. The applicant's contractor, by letter of June 15th, indicates potential unique characteristics of this addition which could, perhaps, justify the granting of a variation. Respectfully submitted, Bruce F. Kapff Assistant to Village Manager BFK/jr P/ ar Sec.XIII OAK BROOK CODE give due notice thereof to parties and shall decide 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 decade all applications for variations of the provisions of this ordinance after a public hearing held before 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 applica tions for variations and shall report its recommends tion 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 of Trustees without such findings of fact. In the case of a variation where the Zoning Board of Appeals fails to recommend the variation, it can only be adopted by an ordinance with the favorable vote of two-thirds of the Trustees. (2) Initiation: An application for a variation shall be in triplicate and may be made by any governmental 966 13 APPENDIX A—ZONING Sec.XIH 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 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 r ` :<=•>.. . :. 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 APPENDIX A—ZONING Sec.XIH 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) (I) 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 /u 1 � __tor NOTICE VILLAU OF OAK BROOK DU PAGE AND COOK COUNTIES,ILLINOIS NOTICE OF PUBLIC HEARING 14OTICE IS HEREBY GIVEN that a public hearing before the Zoning Board of Appeals of the Village of Oak Brook, pUBLISHER'S CERTIFICATE DuPage and Cook Counties,Illinois,will be held on August 2,1988 at 7:30 P.M.In the Oak Brook Village Hall,1200 Oak Brook Road,Illinois,for the purpose of considering the ap- plication of William and Eva Dimas for a Variation as provid- ad under Section MING)of the Zoning Ordinance of the Village of Oak Brook,Illinois,Ordinance G60,as amended. A Variation to thb following Ssctlon of the Zoning Or- dlnance Is requested: i r IS TO CERTIFY That the notice, a true copy of which is attached to this - - A Variation from the provisions of Section VII(D!(8Nc)to tificate, was published in THE DOINGS once each week for permit construction of an enclosed porch addition which will encroach approximately 4.5 feet Into the 60-foot Re- quired Rear Yard. One weeks sucessively; that the date Drive property a rook,Illinois and generally described l as escription pis ale follows: 15th LOT 29 IN SECTIONS GINGER 27 AND 26ETOWNSHIP 39 NORTH,RANGE he first publication was the................ •.••••••••••.•••day Of ............. '11 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCOR- DING TO THE PLAT THEREOF RECORDED DECEMBER 30, 1972 AS DOCUMENT NO.992 057,.IN DU PAGE Jul 88 COUNTY,ILLINOIS. y............A.D., 19....... and that the date of the last publication was Permanent Parcel No.08.28.2044)08 All persons desiring to be heard in support of or in opposi• A.D. 19...... tion to the proposed Variation or any provision thereof,will be afforded an opportunity to do so and may submit their :............................. day of..................... , 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 4D IT IS FURTHER CERTIFIED That THE DOINGS is a secular newspaper of newspaper publication not less than five(5)days prior to the date of the recssr�d hearing. neral circulation, published weekly in the Villages of Hinsdale, Clarendon Hills, Marianne Lakosil Village clerk •ik Brook,Burr Ridge,Willowbrook and City of Darien and circulated generally in Published at the direction of the Corporate Authorities and a Villages of Hinsdale,Clarendon Hills,Oak Brook,Burr Ridge,Willowbrook and the Zoning Board of Appeals of the Village of Oak Brook, DuPage and Cook Counties,Illinois of Darien and adjacent unincorporated and incorporated areas,and in DuPage Published In The Doings July 15,1988. Cook Counties, Illinois, and in other areas; that said THE DOINGS is a ` \ ewspaper" as defined by the Illinois Statutes made and provided for such situa- ins,to wit;by Section 5 of"An Act to revise the law in relation to notices,"1874,Feb. R.S.1874,p.723,§5,as amended 1959,July 17,Laws 1959,P.1494,§1;and is also a ` .lwspaper"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 16th............ day of ..July....................... A.D. 19 a�... 42.40 Publishers Charge ................ 9- Publisher • 0 THE DOINGS 118 West First Street P. 0. Box 151 Hinsdale, Illinois 60521 Gentlemen: Please publish the following legal notice for publication on July 15, 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 August 2, 1988, at 7:30 P.M. in the Oak Brook Village Hall, 1200 Oak Brook Road, Illinois, for tie purpose of considering the application of William and Eva Dimas for a Variation as provided under Section RIII(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)(c) to permit construction of an enclosed porch addition which will encroach approximately 4.5 feet into the 60-foot Required Rear Yard. The property may be generally described as 18 Royal Vale Drive, Oak Brook, Illinois, and the legal description is as follows: LOT 29 IN GINGER CREEK SUBDIVISION OF PARTS OF SECTIONS 27 AND 28, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 30, 1972 AS DOCUMENT NO. 992 057, IN DU PAGE COUNTY, ILLINOIS. Permanent Parcel #06-28-204-006. All persons desiring to be heard in support of or in opposition to the proposed Variation 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 OA K P 4 v OO � ; g 4 � �COUN01 VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 312 990-30tb4 July 13, 1988 Dear Resident: The Oak Brook Plan Commission and/or Zoning Board of Appeals, and the Village Board will be considering a: R Variation Preliminary Plat Special Use Final Plat Zoning Amendment at the meetings as scheduled on the reverse side of this notice. The application has been filed by William & Eva Dimas Name of applicant 18 Royal Vale Drive, Oak Brook Address Relationship of applicant to property Owner N/A Name of Subdivision if applicable The property in question is situated at: 18 Royal Vale Drive I have attached a map of the area to assist you in determining your relation- ship to the property in question. The request which has been made is as follows: A Variation from the provisions of Section VII(D)(8)(c) to permit the construction of an enclosed porch addition which will encroach approximately 4.5 feet into the 60-foot Required Rear Yard. If you desire more detailed information, please contact me at the Village Hall to review the file on this application. I will be looking forward to your attendance at the public meetings. Sincerely, -7:5'114 Bruce F. Kapff Assistant to Village Manager BFK/jr and President Cerne. Nays: None Absent: None So ordered. ' E. Referrals: With no objections, President Cerne made the following referrals: 1. Haas - Accessory Yard Variation (3012 Lincoln Road) -- Referred to Zoning Board of Appeals Meeting of August 2, 1988. / VILLAGE OF OAK BROOK Minutes -6- July 12, 1988 /^ r . VILLAGE OF OAK BROOK Minutes -7- July 12, 1988 2. Frazier - Rear Yard Variation (404 Ascot Lane) -- Referred to Zoning Board of Appeals Meeting of August 2, 1988. , 3- Dimas - Rear Yard Variation (18 Royal Vale Drive) -- Referred to Zoning Board of Appeals Meeting of August 2, 1988• VII. AJOURNMENT: Trustee Winters moved, seconded by Trustee Imrie. . . To adjourn this meeting. TIME: 10:22 P.M. VOICE VOTE: All present, in favor. So ordered. ATTEST: Marianne Lakosi CMC Village Clerk July 26 , 1988 Approved I II VILLAGE OF OAK BROOK Minutes -7- July 12, 1988 • ?G�oF O4ke 4o • w , p m G O FCOUNtr VILLAGE OF OAK BROOK. 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 312 990-3000 July 6, 1988 Mr & Mrs. William Dimas 18 Royal Vale Drive Oak Brook, Illinois 60521 RE: Rear Yard Variation Dear Mr. & Mrs. Dimas: This letter is to inform you that your application for a Rear Yard Variation was filed on June 15 by Bill Robinson of B & R Construction & Garage Doors, Inc. As indicated on the attached application form, your request will be heard by the Zoning Board of Appeals on Tuesday, August 2, 1988 at 7:30 P.M. in the Board Room of the Oak Brook Village Hall. The recommendation made by the Zoning Board of Appeals at that meeting will be heard by the Village Board of Trustees on August 23 and in the event approval is granted, an ordinance effectuating same will be approved by the Board of Trustees at its September 13th meeting. Construction of your proposed rear yard addition must await review by the Zoning Board of Appeals and Board of Trustees and approval of an ordinance in September as indicated. Your contractor is not allowed to take out a building permit until passage of the necessary ordinance which, as I mentioned, at the earliest would be at its September 13th meeting. Should your require anything further in this regard, please feel free to call. Sincerely, d"7�� ��" W Bruce F. Kapff Assistant to Village Manager BFK/jr Enclosure [1N WMI'111111 I V) I I1'-f Li_U t7-- B & R CONSTR UCTION PO. GENERAL CONTRACTOR 1814 N.MULLIGAN CHICAGO, ILLINOIS 60639 TELEPHONE(312)745-6552 June 15, 1988 * Village of Oak Brook Building Dept . 1200 Oak Brook Rd. Oak Brook , IL 60521 re : 18 Royal Vale Drive Variation Request The existing residence does not have an enclosed porch or _ P screened area. The property line at the rear of the lot runs on an angle , reducing the usable lot size at the location of the existing porch . There are no homes facing the proposed porch enclosure and no hardship would be imposed on adjacent properties. The existing porch location is the only logical place to locate the enclosed porch . It is adjacent to the livingroom and kitchen areas. The other areas of the residence at the rear of the lot contain bedrooms. S,S - REAR YARD VARIATION (18 R* Vale) Surrounding Property Owners List 06-28-204-001 Riccardo Aureus 6 Cochise Ct. Oak Brook, IL 06-28-204-002 Pedro Casadang 4 Cochise Ct. Oak Brook, IL 06-28-204-OOJ Anthony Russo 22 Royal Vale Oak Brook, IL 06-28-204-005 Manohar Jasuja 20 Royal Vale Oak Brook, IL 06-28-204-007 Ginger Creek Association 12 Foxiana Ct. Oak Brook, IL 06-28-205-002 Balasubramaniam Iyer 11 West Madison Oak Park, IL 60302 06-28-205-003 E.M. Tortoriello 16 Royal Vale Oak Brook, IL 06-28-205-004 Robert Rohde . 12 Foxiana Ct. Oak Brook, IL 60521 06-28-208-007 Alice Kleanthis 21 Royal Vale Oak Brook, IL 06-28-208-008 Bank of Elk Grove Trust 42082 100 E. Higgins Elk Grove, IL 60007 06-28-208-009 M. Slaem 17 Royal Vale Oak Brook, IL 06-28-209-001 Nicholas Frankovelgia 15 Royal Vale Oak Brook, IL 06-28-209-002 Hong-Ming Lay 11 Royal Vale Oak Brook, IL 06-28-210-001 Ginger Creek Association 12 Foxiana Ct. Oak Brook, IL ^ VILLAGE OF OAK BROOK Minutes -2- SeDte^her 1", ?cRA C. ORDINANCE NO. S-650 AN ORDINANCE GRANTING A VARTAmT.nN FROM, mgv PROVISIONS OF SECTION V G 3 d OF THE ?ONTNG ORPTNANrE OF IruF VTLLAnF OF OAK BROOK ORDINANCE G-60 AS AMENDED, RFLATTVF m0 PRmACT;VD ACCESSORY STRUCTURES 3012 LINCOLN : Discussed and direction given at the Regular Meeting of Aug,,j9t ':)7, 1988. Trustee Winters moved, seconded by Trustee ?lartecki... To pass Ordinance No. S-650 as presented and waive the lull readinp_ thereof. ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Tmrie, Maher, Rush, lain*ers and President Cerne. Nays: None Absent: None Ro ordered. D©. ORDINANCE NO. S-651 AN ORDINANCE GRANTING A VARTATTON FROM ITTF PROVISIONS OF SECTION VII D 8 c OF THE ZONING ORDT.NANry OF THE VILLAGE OF OAK BROOK, ORDINANCE G-60, AS AMENDED, RFLA'rTVF m0 REAR YARD REQUIREMENTS IN AN R-2 SINGLE-FAMILY DETACHED RFSID4NrF DTSTRTrm 18 ROYAL VALE): Discussed and direction given at the Regular Meeting of August 27, 1988. Trustee Winters moved, seconded by Trustee Bartecki... To pass Ordinance No. S-651 as presented and waive +he full rending thereof. ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Tmrie, T+aher, Rush, `►inters and President Cerne. Nays: None Absent: None So ordered. E. ORDINANCE NO. S-652 AN ORDINANCE GRANTING A VARIATION FROM mHq ' PROVISIONS OF SECTION V E 2 OF THE ZONING ORDTNANCE OF THE VTLLArE nv OAK "ROOK, ORDINANCF G-60 AS AMENDED RELATTVE Tn YARDS ON -"0TTr,H LOTS 404 ASCOT LANE): Discussed and direction given at the Regular Meeting of August 27, 1988. Trustee Winters moved, seconded by Trustee Bartecki... To pass Ordinance No. S-652 as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: Trustees Bartecki, Tmrie, Maher and Winters. Nays: Trustees Bushy, Rush and "resident rernP. Absent: None So ordered. F. ORDINANCE NO. S-653 AN ORDINANCE GRANTTNr, A FLOOD PLATN SPTnTAL TTSF. PERMIT FOR CERTAIN FILLING AND CONSTRUCTION WTTHI'P THE FLOOD PLAIN PURSUANT TO SECTION 10-34 OF THE CODE OF ORDINANCES OF mNF VTLLAr>• Or OAK BROOK 459 FOREST TRAIL): Discussed and direction given at the Regular Meeting of Augus+ 21, 1988. Trustee Winters moved, seconded by Trustee Tmrie... To pass Ordinance No. 5-653 as presented an4 waive the full rea'iinrt thereof. VILLAGE OF OAK BROOK Minutes -2- ReDtemher T', 10PS VILLAGE O F ZONING ORDINANCE. FLOOD PLAIN OAK BROOK 1200 OAK BROOK ROAD APPEAL Q VARIATION OAK BROOK, ILLINOIS 60521 ----++ $100 $300 9:y,0•w,A0.00 VARIATION (—' SPECIAL USE ■!�!- $300 L-_._l $675 APPLICATION FOR PUBLIC HEARING M AMENDMENT TO BE FILED WITH VILLAGE CLERK $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 THIS SPACE -- FOR OFFICE USE ONLY `'Date Filed: t, Ifs q - Board of Trustees Referral 7-/Z - Q Notice Published: - 7--13- S Newspaper: w ,d Date Adjacent Property.Owners Notified:_ 7- /3 - 88 Staff Referral: 99 Public Hearing Dates: Plan Commission _ 4--1,4 Zoning Board of Appeals S 2 88 ;{ Board of Trustees 4 2 3 88 Board of Trustees /3 X18 (Ap rov 1 of Ordinance FEE PAID: $.30 b01 D O Receipt No. : •651]6 Received By:_ r INA SL Village Clerk ------------------------------------------- i APPLICANT TO COMPLETE \� LOCATION QF SUBJECT PROPERTY: PERMANENT PARCEL NUMBERO6-28-1Zoy oob LOT NO. 2q SUBDIVISION l Nc�-e,r &-e-etc ADDRESS va& Y' f , ZONING �S 1 J e VL-F 12( ZONING ORDINANCE SECTION ,... �' , D ACTION REQUESTED �1 . Q � ' -+U L'°iNGtOS - IZP2tr �ti V,C, .. o *jr %,,+0 ez>d Re ar V0, �•1' ov,e Gc7rvtC� tY\! � • PROPERTY INTEREST OF APPLICANT: OWN`E-R-� CONTRACT PURCHASER AGENT 1= OWNR(S) �Q�S�iE�RDA c C 1 �2 U f�I y-C(� PHONE NUMBER �O` fF i In a c� ADDRESS 1 n�� I \ _ i.� ��� �� 1. ZIP t BENEFICIARY(IES) OF'TRUST: 'Wk CV8 'fwas PHONE NUMBER ADDRESS - a T{ l. ZIP & .- NAME OF APPLICANT �� t 1 12 tM i,w1 2 S PHONE NUMBER (p S_4 -d g 3 l ADDRESS j QUL�?� Vzlr �Y � (C Y @�i�C , _T'/� ZIP �pds 2- 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. .AAp,.�.�.� 78-10940-L4) gnature lica nt P Date sistnatu Arent t,.�..* 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. AMEM TENT OR ,, SPECIAL USE: MIDST BE RECEIVED PRIOR TO THE 15TH OF THE MONTH FOR PLAN COMMISSION HEARING ON THE THIRD MONDAY OF.THE FOLLOWING MONTH, WITH ZONING BOARD PUBLIC HEARING TO FOLLOW. A Variation is a zoning adjustment which permits minor changes of district require- ments where individual properties are both harshly and uniquely burdened by the strict application of the law. The power to vary is restricted and the degree of Variation is limited to the minimum change necessary to overcome the inequality inherent in the property. 1. A Variation recognizes that the same district requirements do not affect all properties equally; it was invented to permit minor changes to 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 ZoningNOrdi- 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 i 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 +� /� F0V-40 It s R, V��h'u� z,�f �r. Vz - v-. Dial B & R CONSTRUCTION 119 4 & GARAGE DOORS, INC. I `_J s 1814 NORTH MULLIGAN PH. 312-745-6552 CHICAGO, IL 80639 i3 PAY � 70-1786/719 3� TO THE V 1 LL19C'L- d r- ©� ORDER OF DOLLARS EACH DIAL ONE COMPANY ' R INDEPENDENTLY OWNED AND OPERATED �Y�v�+er Fb�1'e$t Ba nk FOR 112001194116 1:07 19 178631: 118575ma607ue PHASLi BANK RECEIPT _ RECEIVED TRANSIT i CHECKS i CASH NUMBER DATE NAME DESCRIPTION BY: NO. VILLAGE OF OAK BROOK 65069 SI GNATURE INVALID 6 5 0 6 WITHOUT • 1200 OAK BROOK RO A D OAK BROOK, ILLINOIS PHONE: (312) 654-2220 RETAIN THIS RECEIPT FOR YOUR RECORDS SAFEGUARD BUSINESS SYSTEMS R CONSTR UCTION1. GENERAL CONTRACTOR 1814 N.MULLIGAN CHICAGO,ILLINOIS 60639 TELEPHONE(312)745-6552 June 15, 1988 +s* Village of Oak Brook Building Dept . 1200 Oak Brook Rd. Oak Brook , IL 60521 re : 18 Royal Vale Drive Variation Request The existing residence does not have an enclosed porch or screened area. The property line at the rear of the lot runs on an angle , reducing the usable lot size at the location of the existing porch . There are no homes facing the proposed porch enclosure and no hardship would be imposed on adjacent i properties. The existing porch location is the only logical place to locate the enclosed porch . It is adjacent to the livingroom and kitchen areas. The other areas of the residence at the rear of- the lot contain bedrooms. I i T J IV 4611 1J % op 1 1�o 9'+' .n Q. • r '� loll - 100 411 9 yp b9 b it I - {l Af -U \���/' Citi :'i mow.•{',�:::::::.:;,�:.: ����tt ':�'.;�'::; '� I � I 1" x t r I t I "1 W G r: ,NG s IN -o jl C.2 oe i l f 1 J.\ Vii:::t:•• TT, U 1 �c .9 4 a 8 � z F I W i� �y Y �`y I b � 109 1 � �� � >.• D(o 40 It 00 N ryy �o I .fJ:Tq,CV /77.9 •'/D GlF O� ���� � II vstrEL@tJ p�,• '.'ir6.t T � b9� � •e.{ •396�.,z ��- ie s. �,� . 140, J ' 9p �� A / { I1�, ✓ S9 u.T9.0 Y �svoc 0�(0 (p� a, 9774 ago .� At .v:� a �9 }Z 'ee"'v ties .`�23 3 1 34 I Y b It •�-. O tills C V-E _ ��� •q 47 C22 SAG�TC�f' _6Z-9 1l q r*III L IV ti� s r�.r. cFo�s sT9 FFOO OFSCFi � � —_. ���• �� sage�T R cG•4,p Al��ti qH Ab • ' ��'H,, •3• fGgYF � O� 1NC Ce F ordinance No. ga651 Granting A Variation From The Provisions of section VII(D)(8)(c) Relative to Rear Yard Requirements (18 Royal Vale) Page 2 ATTEST: Village Clerk Approved as to Form: Vill ge Attorn y Published Date Paper Not Published XX i I A:ORD.S15 11► i 7- e, PLAT GF' SU KY€Y PRPC6L 1. 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