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S-700 - 08/14/1990 - SPECIAL USE - Ordinances ORDINANCE NO. S- 700 AN ORDINANCE GRANTING A FLOOD PLAIN SPECIAL USE PERMIT PURSUANT TO SECTION 10-34 OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK, ILLINOIS (53 Baybrook Lane) ~O WHEREAS, the owner of certain property described herein has petitioned the corporate authorities of the Village of Oak Brook, DuPage and Cook Counties, Illinois, for a Flood Plain Special Use Permit under Section 10-34 of the Code of Ordinances of the Village of Oak Brook, relating to flood plain and wetland regulations; and WHEREAS, a public hearing on such petition has been conducted by the Zoning Board of Appeals of the Village on July 3, 1990, pursuant to due and appropriate legal notice; and WHEREAS, the Plan Commission of the Village of Oak Brook has submitted its recommendation to the President and Board of Trustees; and WHEREAS, both the Plan Commission and Zoning Board of Appeals have recommended approval of the petition since the proposed use is consistent with the best use of the flood plain; and WHEREAS, the proposed use satisfies the requirements of and is consistent with each of the factors set forth in Section 10-34(c) of the Code of Ordinances of the Village of Oak Brook; and WHEREAS, the corporate authorities of the Village of Oak Brook deem the passage of this Ordinance to be in the best interest and in furtherance of the general welfare of the Village of Oak Brook; 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: Pursuant to Section 10-34 of the Code of Ordinances of the Village of Oak Brook, Illinois, a Flood Plain Special Use Permit is hereby granted to allow the filling of the subject property to a level three feet above the Ginger Creek flood plain elevation, said property is legally described as: Lot 115 in Ginger Creek, being a subdivision of parts of Sections 27 and 28, Township 39 North, Range 11, East of the Third Principal Meridian according to the plat thereof recorded December 30, 1960 as Document No. 9920057in DuPage County, Illinois. Permanent Parcel #06-28-403-007. a r r ' B. ORDINANCE NO. S-698 AN ORDINANCE GRANTING A SPECIAL USE FOR AN '• AUTOMOBILE M I N I-MARKET (221(.-1 22ND STREET - SHELL OIL) Discussed at the Regular Meeting of March 13, 1990 to direct the Village Attorney to prepare the necessary ordinance relative to the requested Special Use Permit. Trustee Rush, seconded by Trustee Bartecki. . .' To pass Ordinance No. S-698 as presented and waive reading of same. ROLL CALL VOTE: Ayes: Trustees Barteck:i, Maher, Payovich, Rush and President Cerne. Nays- None Absent: Trustees bushy and Winters So ordered. ORDINANCE NU. 5-699 AN ORDINANCE GRANTING A FLOOD PLAIN SPECIAL USE PERMIT PURSUANT TO SECII ION 10-_4 OF 'THE CODE OF ORDINANCES OF THE VILLAGE OF OAK' FJROOK::, ILLINOIS (811 MERRY LANE - SCHROEDER) : Direction given at the Regular Meeting of July 24, 1990 to direct the Village Attorney to prepare the necessary ordinance relative to the requested Special Use Permit and direct the Village Engineer to prepare special flood proofing requirements in the flood plain for installation of basements to be reviewed by the Village Board at the Regular Meeting of August 14, 1990- Village Engineer- Durfey, Building Commissioner Nielsen and Assistant to the Building Commissioner L_at::osil, based on the findings of fact stated in the memo of August 9, 1990 -From Village Engineer Durfey, concluded that no special building requirements are necessary regarding residential basements constructed on land that was previously within a flood plain or on land near a flood plain. Village Attorney Brechin and Village Manager berley concluded that property within the flood plain should have a condition of development .placed on it, such that any residential basements constructed within land in a flood plain or land that had been in a flood plain, should be constructed with flood proofing techinques as stated in the proposed ordinance. . Trustee Rush moved, seconded by Trustee Bartecki. . . To pass Ordinance S-699 as presented and direct the Village Attorney to draft ail amendment to the general ordinance. ROLL CALL VOTE: Ayes: Trustees Bartecl;i, Maher, Payovich, Rush and President Cerne. Nays: None Absent: Trustees Bushy and Winters So ordered. ORDINANCE-NO_- -1 S_7c�( -AN-ORDINANCE-GRANTING-A-FLOOD-PLAIN SPEC:IAL USE PERMIT PURSUANT TO SECTION 10-14 OF -THE CODE OF ------------------------------------------------------------ ORDINANCES OF THE VILLAGE OF OAK: BROOK, ILLINOIS (53 BAYBROOK- KNOPPERS) : ---------- Direction given at the Regular Meeting of July 24, 1990 to direct the Village Attorney to prepare the necessary ordinance to provide for the flood Plain Special Use Permit. V rl.I_AGF (IF flr=.1<:: DF?O0K:: 1vh 1*1k'tF.� - Ak_tjLA:t. 1.4, 1990 � . Trustee Maher moved, seconded by Trustee aartecxl . . . To pass Ordinance wo' s-700 as presented and waive the full reading thereo+' ROLL CALL VOTE: oves: rrustees oartecxA, ma^er, pavovich, nush 6111 President oerne. mays: None Absent: n'u�iitees oushy and winters ao oruered, E. onoIwAwoE NO. o-7ol AN onozwAwoE onAwTIwo o pL000 PLAIN opsozAL USE pEnmzT puRauowr To sEcrzow 10-34 OF THE cooE ________________________________________________________ OF ORDINANCES OF THE VILLAGE op OAK Bnoo�, zU-zwozs _ (oeuon HILL ACRES) : __________________ Direction given at the Regular Mee-Ling of uuzv 24, 1990 -to direct the Village Attorney to prepare the necessary ordinance for a Flood Plain Special use permit . ! ' Trustee Rush moved, seconded uv Trustee oartecxi ' ' ' To pass ordinance wo' n-701 as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: Trustees nartecxi , Maher, pavo,ich, nush anu President cerne. Nays: None . Absent: Trustees Bushy and winters oo ordered. F. nEom-urzow wo' R-503 A nsom-uTzow oppnovIwo THE FINAL pLor ---------------------------------------------------------- Kwoww AS onueo HILL ACRES oueoxvzozow, ' ------------------------------------- Discussed at the Regular meeting of July 2*, 1990 to direct L-A-le Village Attorney to prepare the necessary resozution relative to the Final Plat of Subdivision. Trustee Rush moved, seconded by Trustee maher' ' ' ' To pass Resolution n-503 as presented and waive txe fuzI. reading thereo+' ROLL CALL VOTE: Ayes: Trustees oartecxi , Maher, pavo,ich, nush and President cerne' Nays: None Absent: Trustees Bushy and winters G. ORDINANCE NO. o­702 AN ORDINANCE REZONING CERTAIN pAI!-�CEEL.o FROM n-1, ozwsLs FAMILY osTAonco nsozoEwoE DISTRICT, To n-2, ----------------------------------------------------------- ozwo�c �m1z�v o�r�c�so n�o�o�wos uzornzor ����o, ��o� vonx noAo -mAnT[wsK> : � Direction given at the Regular Meeting of marcl"i or, 1990 to � direct the Village Attorney to prepare the necessary documentation to rezone said property from n-/ to n-2' Trustee Maher moved, seconded by 'Trustee m^sh' ' ' To pass Ordinance No. o-702 as presented and waive the full reading thereo+' VILLAGE OF OAK BROOK minutes -71- Auuust 1.4, 1.990 . - U ` U Y VILLAGE OF OAK BROOK Minutes -5- July 24, 1990 B. Recommendation - Brush Hill - Flood Plain Special Use (3515 & 3603 York Road) C. Recommendation - Brush Hill Acres - Final Plat of Subdivision (3515 & 3603 York Road): Application has been made for a Flood Plain Special Use Permit and Final Plat or Subdivision. The Plan Commission, at its meeting of June 18, 1990 and the Zoning Board of appeals at its meeting of July 3, 1990 recommended approval of the Flood Plain Special Use Permit and the Final Plat of tir Subdivision subject to the conditions as stated in Village Manager Berley's memo of July 19, 1990. Trustee Winters moved, seconded by Trustee Bushy... To direct the Village Attorney to prepare the necessary documentation and direct the Village Engineer to prepare special flood proofing requirements for review by the Board of Trustees at the Regular Meeting of August 14, 1990. VOICE VOTE: All present, in favor. So ordered. (( D.J Recommendation - Knoppers - Flood Plain Special Use (53 Baybrook): �� Application has been made for a Flood Plain Special Use Permit for construction of a single-family residence within the flood fringe of Ginger Creek. The Plan Commission, at its meeting of June 18, 1990 recommended approval of the Flood Plain Special Use Permit subject to the conditions as stated in letter of June 25, 1990 from Chairman Marcy. The Zoning Board of Appeals, at its meeting of July 3, 1990 recommended approval of the Flood Plain Special Use Permit subject to the conditions as stated in the letter of July 11, 1990 from Chairman Savino. Trustee Winters moved, seconded by Trustee Rush... To direct the Village Attorney to prepare the necessary resolutions to provide for the Flood Plain Special Use Permit and direct the Village Engineer to prepare special flood proofing requirements for review by the Village Board of Trustees at the Regular Meeting of August 14, 1990. VOICE VOTE: All present, in favor. So ordered. E. Request for Use of Village Property - Evangelical Health Systems: Trustee Rush moved, seconded by Trustee Bushy... To grant approval for Evangelical Services Corporation to utilize a portion of Village Property for a company picnic on Friday, August 24, 1990 from 9:00 A.M. to 4:00 P.M. subject to providing the necessary insurance documents, cleaning the area once the picnic is completed and continuing to give cooperation to the Village when it paints its east side elevated storage tank. VOICE VOTE: All present, in favor. So ordered. F. Bid Authorization - 1990 Drainage Project: Trustee Rush moved... To grant approval to advertise for bids to be received on Monday, August 20, 1990 at 11:00 A.M. for the Village of Oak Brook's 1990 Drainage Project to include: VILLAGE OF OAK BROOK Minutes -5- July 24, 1990 VILLAGE OF OAK BROOK MINUTES OF THE REGULAR MEETING September 25, 1990 I. MEETING CALL: The Regular Meeting of the 3oard of Trustees was called to order by President Cerne in the Samuel E. Dean Board Room of the Village Commons at 7:33 p.m. ROLL CALL: PRESENT: President Wence F. Cerne Trustees Garry J. Bartecki Karen M. Bushy a+ Ronald P. Maher Barbara A. Payovich Joseph H. Rush H. Richard Winters ABSENT: None PLEDGE TO THE FLAG II. APPROVAL OF MINUTES: Trustee Maher moved, seconded by Trustee Winters... That the Minutes of the Committee-of-the-dhole Meeting of September 10, 1990 be approved as presented and waive the full reading thereof. VOICE VOTE: All present, in favor. So ordered. Trustee Maher moved, seconded by Trustee Payovich... That the Minutes of the Regular Meeting of September 11, 19;0 be approved as presented and waive the full reading thereof. VOICE VOTE: All present, in- favor. So ordered. III. ORDINANCES AND RESOLUTIONS: ORDINANCE NO. G-450 AN ORDINANCE AMENDING SECTION 5-4 OF THE CODE OF (,1 ORDINANCES OF THE VILLAGE OF OAK BROOK RELATING TO CONSTRUCTION ON PROPERTY FORMERLY DESIGNATED AS FLOOD PLAIN: Direction given at the Regular Meeting of July 24, 1990. Trustee Winters moved, seconded by Trustee Payovich... To pass Ordinance No. G-450 as presented and waive the :i'_1 reading thereof. ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Maher, Payovich, Rush, Winters and President Cerne. Nays: None Absent: None So ordered. B. RESOLUTION NO. R-505 A RESOLUTION APPROVING THE FINAL PLAT KNOWN AS MIZEN'S SUBDIVISION: Direction given at the Regular Meeting of September 11, '390. Trustee Winters moved, seconded by Trustee Maher... To pass Resolution No. R-505 as amended and waive the :__1 reading thereof. VILL;IE OF OAK BROOK Minuses -1- Septe=er 25, 1990 VILLAGE OF :AK BROOK i•linutes -2- September 25, 1990 ROLL CALL VC77-: Ayes: Trustees Bartacki, Bushy, Maher, Payovich, Rush, 'linters and ?resident Cerne. Nays: None Absent: None So ordered. C. ORDINANCE NO. G-451 AN ORDINANCE ESTABLISHING A TAX ON HOTEL OPERATORS WITHIN THE VILLAGE OF OAK BROOK: D. ORDINANCE NO G-452 AN ORDINANCE CREATING A HOTEL, C_ONVENT:CN AND VISITORS COMMITTEE: The Hyatt-Oak Brook has requested the Village of Oak Brook to establish a :-otel/motel tax as authorized by State statutes to provide funds to promote Oak Brook hotels in their competitive battles with similar facilities in surrounding communities. Tne first ordinance drafted reflects the imposition of a 1$ hotel/motel tax effective October 1, 1990. The second ordinance creates a Hotel, Convention and Visi.ors Committee which would be the entity responsible for making appropriate recommendations to the Village Board for the expenditure of the hotel/motel tax receipts. That committee would be cc=prised of five persons, at least two of whom would be operators or managers of a hotel within the corporate limits of the Village. Trustee Bushy moved, seconded by Trustee Bartecki... To pass Ordinance No. G-451 as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Maher, Payovich, Rush, Winters and ?resident Cerne. Nays: :lone Absent: None So ordered. Trustee Maher moved, seconded by Trustee Payovich... To pass Ordinance No. G-452 as amended and waive the full reading thereof. ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Maher, Payovich, Rush, 'linters and ?resident Cerne. Nays: None Absent: None So ordered. E. RESOLUTION NO. R-506 A RESOLUTION APPROVING HOVING'S ASSESSMENT PLAT: Trustee hinters moved, seconded by Trustee Maher... To pass Resolution `Jo. R-506 as presented and waive the full reading „hereof. ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Maher, Payovich, Rush, linters and ?resident Carne. Nays: None Absent: None So ordered. F. RESOLUTION NO. R-507 A RESOLUTION REGARDING THE ?ROPOSED DE WATERING GATE FOR THE FULLE?SBURG DAM: .,section given at the Regular Meeting of September 11, 199:. Trustee ?ay^_'rich moved, seco::ied by Trustee Bushy... _ pass _._solution :o. ?- 0" as ?resented and waL e the fui_ _ ing =._ereof. VILLAGE ',F _,K BROOD: Minutes September '990 I _. Of GqK a oOf 9 3 G C 4 tl r� O�COUNT4 VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 July 25,. 1990 708 990. 3000 MEMO TO: Dale L. Durfey, Village Engineer SUBJECT: Brush Hill Acres, Knoppers, Schroeder Flood Plain Applications The Village Board, at its July 24 meeting, directed preparation of ordinances approving the Special Use Permits to be reviewed by the Board at its August 14 meeting. This direction was conditioned upon your department putting together specific information addressing the subject of permitting basements in flood plain area. The Village Board responded favorably to your memo regarding Knoppers where it suggests that there might not be a significant engineering difference between properties which will be totally surrounded by flood waters as opposed to properties which might have only one side of their property abutting a flood. The Village Board appears to be leaning toward allowing basements in both cases; however, they would like you to review this subject either individually or in conjunction with consulting engineers if you see that additional step is necessary. Lexi stated at the meeting that Donohue & Associates had verbally indicated that they saw no difficulty with flood- proofing residential basements under either scenario. The Board also wants you to determine if special construction techniques would be warranted for construction of basements, and if so, you should provide a listing of such additional requirements for review at the August 14 meeting. I would strongly recommend that you meet with the applicants' engineers including Lindley & Son and Eddy & Company as well as Bob Nielsen, to get their input and other comments they might have in this regard. The Village Board also directed John to prepare the necessary documents to approve the flood plain applications contingent on your being able to adequately review the above-mentioned flood plain issues. Theoretically, if all of the above takes place on a timely basis, all three applicants could receive final approval at the August 14 meeting. As I will be on vacation beginning July 30, please review any questions you might have in this regard with either Steve or John. Respectfully submitted, Bruce F. Kapff Assistant to Village Manag BFK:sps cc: Stephen Berley, Village Manager John H. Brechin, Village Attorney Robert Nielsen, Building Commissioner OF OAK@ C • `�� 1�'Vie.` q o ro G o 9C�COUN-0•`y? VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 July 19, 1990 708 990-3000 MEMO TO: Village President & Board of Trustees SUBJECT: ok The current application is for a Flood Plain Special Use Permit which would allow the filling of the subject property to a level 3' above the Ginger Creek flood plain. The presumption is that this application is also for construction of a single-family residence on the lot. Dale's July 18 memo goes into great detail on this application with respect to whether or not a basement should be allowed on this property and whether the subject application is only for filling the lot or additionally, for construction of a single-family residence. The two primary issues are as follows: 1. Flood Plain Special Use Permit for only filling of the lot, or additionally,for construction of a residence. The applicant states that he only wants permission to fill the lot at this point in time and is not applying for construction of a single-family residence. He feels that once the property has been filled and removed from the flood plain, he will no longer have to meet the Village's requirement that basements also be located a minimum of 3' above the flood elevation. As Dale's memo explains, this could be a bad precedent since the intent of the ordinance is clearly to protect residential structures, including basements, from flood damage or hydrostatic pressure resulting from floods. 2. Should a basement be allowed on this property. In addition to Dale's memo, it should be pointed out that the current application is only for filling the property (and presumably for construction of a house) fully meeting the Village's flood plain regulations. As stated above, these regulations require the lowest floor, including the basement, to be a minimum of 3' above the flood elevation. To allow construction of a basement on this lot, application would have to be made for a separate flood plain variation from this regulation. Such has not been applied for and as indicated in Dale's memo, the applicant appears to be trying to avoid the intent of the flood plain regulations by simply having the lot filled and, at a later date, coming back for a building permit aw Knoppers • _ 2 _ • July 19, 1990 including a basement on property which at that point in time would no longer be within the flood plain. Respectfully submitted, " Stephen Berley Village Manager Bruce F. Kapff Assistant to Village Manager BFK:sps cc: Mr. Michael E. Hughes Lindley & Sons, Inc. 9200 S. Kingery Road Hinsdale, IL 60521 i GOOF OAjr • Svs AO�f o A G a r 90FC0UN-O'`� VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990-3000 July 18, 1990 MEMO TO: Bruce F . Kapff, Assistant to Village Manager FROM: Dale L . Durfey , Jr . , P .E . SUBJECT: Flood Plain Special Use Lot 11S Ginger Creek S3 Saybrook Lane On July 13, 1950, I received a copy of the engineering grading plan sheet for the above stated subject which did not include a building Footprint nor a driveway . Since these items were on the drawings previously submitted to me For review, I contacted the applicant 's engineer, Mike Hughes, to inquire as to why they were removed . In our discussion., Mr . Hughes informed me that the applicant was only applying For a flood plain special use to bring fill into the lot to build up the building pad area and the driveway area to place those portions above the flood plain and, therefore, to remove those portions from the flood plain . The applicant 's obvious intent is to then apply for a residential building permit for a home with a basement on that portion of the property which has been raised above the flood plain and taken out of the flood plain . I informed Mr . Hughes that I was surprised to hear of this application pertaining to only placing fill on the lct and not a special use to include a future home . I also mentioned that, if the building footprint and driveway are not placed on the special use drawing, there is no need to show a retaining wall on the drawing since there is nothing which needs to be retained . I also note that the flood plain and compensa- tory storage volume calculations have been based upon the drawings which depict a proposed building footprint and driveway . In reviewing the fi '_e, I note that the special use application °r--m "aquESts a "SpeCial use permit tc occupy and use t;-e Flood fringe Cr Ginger CresL.: " . The phrase "CCCUny and Use" has beer interpreted =_Gaff tC mean t'-E construction cf a single-Fami15 detac? ed reside*-c= aPCi 1S SC c=at2d Within. the :%__ �a5e 'S nCt'-f1C3tiCn 1°_'a- tC near prCper= cw^er _Tr. a ',-er __C�Er —cm rjjL,s Hu he_ tc dated May 111, 1990, the reference states "Special Use Permit to Occupy and Use the Flood Fringe of Ginger Creek" while the text of the letter states " . . .allow For the placement and compaction of Fill on this property to remove a portion of the lot from the flood fringe area of Ginger Creek . " The applicant 's request and posture of this application is one that I have not seen previously . To my knowledge, all past flood plain special use applications have been in anticipation of a home being constructed with the top-oF-Foundation at least three (3 ' ) feet above the 100-year high water level . In this particular case, the applicant is apparently requesting permission to only fill a portion of the lot, but is not asking for a special use permit for a home . Assuming that the Village approved of this procedure and this application, the applicant would then Fill those portions of the property to those elevations as indicated on the grading plan, ask the Village to co- sponsor a LOMR request to FEMA to Formally remove the Filled portions from the flood plain, and then apply to the Village 's Building Depart- ment for the construction of a single-family residential structure with a basement and driveway . Since the property was no longer technically in the flood plain, the Village Board would not again see this application since it would be handled by staff as a regular building permit . Additionally , the top-of-Foundation would not have to be placed at least three C3 ' ) Feet above the high water level . In my opinion, this procedure is dangerous and could set a bad precedent . The ultimate goal of development is for either residential or commercial use through appropriate building of structures . Our Flood plain ordinance is predicated on reducing or eliminating damage=_ to structures or contents on private property through proper construction rules and regulations, including the provision of a three C3 ' ) foot Freeboard to allow For errors in engineering calculations, unidentified circumstances which may adversely affect a given property in a Flood event, and floods of a higher magnitude than the 100-year event . By simply allowing Fill to be placed on the property to raise it above the 100-year event does not, in my opinion, adequately address these concepts . It appears that a major concern of the applicant is the ability to construct a home with a basement on this property . Our current Flood plain ordinance prohibits residential basements below the base Flood eievaticn ( 100-year level :' . In the past where the Village has deemed ='_sitenzial basements to is appropriate , 3 Flood plain special use was 5ranzet which showed preposet tCps-cr-Foundation at least three t3 ! _=et atcve the 100-yea^ level , fill was placed to bring the building pad arsa_ above t4-s - , :air , the Village and the applicant cc- -=_c: -_ —" _c -above t'.,s Filled areas F_cm the r,Z:t p:a '_%, ant �L,na t en proceeded with a staff bu__u_r5 V� • • permit application with a basement on non-Flood plain land . In the present case, the applicant is apparently trying to work the ordinance in such a Fashion that he is only applying For Fill to be placed within the Flood plain assuming that the property will then be removed from the Flood plain . However, this assumption may prove to be faulty , since it is my understanding that, should the Village Board decide that a basement is not appropriate on this lot, the Village will not co-sponsor a LOMR request to FEMA without which FEMA will not remove the Filled area From a flood plain . In that instance, fill would have been placed on the property , but the property would still remain technically within the Flood plain . A second flood plain special use would then have to be applied for and received for the construction of a home . The policy decision of allowing or not allowing a residential basement on this piece of property is one which needs to be made by the Village Board . As was discussed in my recent memo to you concerning the recent flood plain special use application regarding the Schroeder property on Lot 20 in Merry Lane, residential basement construction can be accomplished, through floodprooFing techniques, so as to greatly diminish the potential For Flood damage, although it can never be totally eliminated . This is true For homes totally surrounded by floodwater or partially surrounded . Although a thorough analysis has not been done for all homes built within the Floodplain, I can provide the Following information . In the 1970 's, the Village allowed residential basements on Merry Lane which were FloodprooFed (to my knowledge , these homes have not experienced Flood damage) . In the early 1980 's , FEMA required us to change our ordinance so as to not allow residential basements, FloodprooFed or not, within the Floodplain . This then created the procedure of obtaining a flood plain special use For homes, Filling the building pad on a lot, obtaining a LOMR From FEMA, and then constructing a home with a basement on that portion of the lot that had been removed From the Floodplain . This procedure was generally followed in those cases where non-Flooded access was maintained . Generally , the Village has not allowed basements on lots that would be surrounded with Floodwaters . It is probably statistically Feasible to differentiate the chances of Flood damage between homes partially and Fully surrounded by Floodwaters; however, that would require special expertise and might not yield a significant difference . In any event, it is possible to effectively FloodprooF a residential basement to significantly reduce the likelihood of Flood damage . Should the Village Board wish to grant this Flood plain special use, it ^eeds tc determine which sita plan it wishes_ tc attach to the ordinance , the one with the building Foctprint and driveway or the one wit`'out . My recommendatic" would '-e to utilize tie building Footprint art cr4 '?!11a drawing 1 ^ier torr: �=5 3 . : -csed LT -Jon. -iihic'' ee �. Feet a c,,;e the _ iaLar 1e`"'e_ wcu!,' b° in I �O keeping with past practice . To summarize, the following issues remain outstanding: 1 . Decide whether or not this application, if approved, would be only for the filling of a portion of the property Cthe site plan without the building footprint and driveway) or for the placement of a home on the site Cthe site plan with the building footprint and driveway) . 2 . Decide whether the Village would allow a residential basement in this area and, if one is allowed, if additional safeguards, such as Floodproofing techniques, are required over and above conventional basement construction . If a basement is permitted, the procedure would be to approve the application with the building pad and driveway shown, have the applicant place the Fill on the lot, the Village and applicant co-sponsor a LOAF. request to FEMA so that the building pad area can be removed from the flood plain maps, receive the LOMR from FEMA, then have the applicant apply for a conventional building permit application through Village staff . 3 . It has again been brought to the Village 's attention, through the Ginger Creek: Curb and Gutter Paving Project, that the storm sewer outfall in this area does not Function properly and needs to be replaced . The Ginger Creed; Paving plans contemplated a new sewer line within a new easement along the northerly portion of this Lot 11S . A draft storm sewer easement was given to the lot owners , Joan, and Bastian Knoppers, comments received, and a revised draft returned to the Knoppers for their review . Since the existing storm sewer system does not Function properly , it is in the Village 's and resident 's best interests to cooperate, so that the Village constructs the necessary new storm sewer through this property and the downstream golf course property . In this regard, I will continue to worm; wit'.- the lot owners and their engi r:eer, to t^y to obtain the necessary easement . Assuming that can be done , it seems appropriate to have the Village construct this storm sewer outfall later this year, so that a newly constructed driveway does not have to be torn-up From subsequent storm sewer construction . Resp t ull submitted, C Z Dale L . Du*_-°ey , T- . , ? . E . , Village E-C: raer 'etq /9 LINDLEY SONS, INC. :;;.. 9200 South Kingery Road Hinsdale, Illinois 60521-6848 (708) 325-8190 Fax: (708)325-8643 July 17, 1990 Bruce Kapff WED Assistant to the Village Manager JUL ° 1990 VILLAGE OF OAK BROOK 1200 Oak Brook Road 'IILLAGE OF CAI( ESOOK. iL. Oak Brook, Illinois 60521-2255 ADMINISTRATION Re: Knoppers/Floodplain Special Use 53 Baybrook Lane/Oak Brook, Illinois Dear Mr. Kapff: The Knoppers and I want to cooperate fully v-ith the Village in its review of the floodplain special use for the subject property. In that spirit of cooperation, we submitted an informational plan to you illustrating the pplacement of a home on this property,. Our intention to seek approval of a special use to regrade this property remains unchanged; we do not intend to seek a special use to construct a home in the floodplain. Due to the neighborhood and the character of the home to be constructed on this lot, the ability to construct a basement under the home is an essential element of the home. Phil Dressler, the contract builder of the home, and I are absolutely convinced that a basement constructed under a home on this lot will be far more resistant to flooding than most other basements in Oak Brook. We base this determination primarily on the fact that this home will be constructed with an exterior footing tile and sump pump system which will not ailcw groundwater to enter the home during power outages,a vast improvement over essentiaiiy all other homes in Oak Brook. Other steps to be taken in the floodproofing of this home will include one or more of the following: 1. The setting of footings into undisturbed clay to act as a water stop. 2. Longitudinal reinforcement of the foundation walls to minimize separation of concrete shrinkage cracks. 3. Sheathing of the foundation with impermeable fiberglass fabric. The above described features of basement construction are offered to assure you and all other Village officials that provisions will be taken to preclude ground water from entering the basement of this home, in addition to elevating this home three feet above the 100-year flood elevation,which provides more than adequate protection against surface water entering the home. Together, these measures will result in a home that has as low a risk G.flooding as most others within Oak Brook. CIVIL ENGINEERING e DRAINAGE/STORY,WATER MANAGE:PENT z S;T- ?LANNINaiDESIGN • LANDSCAPE ARCHITECT 12RE MUNICIPAL INFP.A3TRUCTUP.E EJNGINELI?I'M G 9 ._A` „ ��.;�-IN-- r.,, :��,�__ L,'1N QCVIE'.'V O i=r,q.=;�Clf Cn ^:nrcror.r. Knoppers/Floodplain Special Use Page 2/July 17, 1990 Since we believe a basement is an essential part of any home to be constructed on this property, and since it can be constructed to have a very low risk of flooding,we have selected an approval process that is straight forward, is the least burdcnsame to the Village and petitioner, and complies fully with the ordinances of the Village of Oak ;3;ook. The following is a brief summary of the process by which we have sought to gain approval to construct a home with a basement on this property: 1. Obtain a special use to grade the lot in a way that would remove from the floodplain that portion of the pro e.-.y upon which a home would be built. No variation from the Village of Oak Brook requirements relative to the placement of fill in the floodplain would be requested. 2. The property would be regraded to conform to the floodplain special use grading plan approved by the Village. 3. A Letter of Map Revision would be obtained from the Federal Emergency Management Agency (FEMA) excluding from the floodplain that portion of the property upon which a home would be built. 4. A building permit would be applied for to construct a home with a basement on that portion of the lot which would no longer be within the floodplain. The concern on the part of Village staff that approval of a floodplain special use for grading only would in some way compromise the Village's f oGipiain regulations is unfounded. Under no circumstance is the property owner entitled to construction of a home with a basement, unless the location of the home is on property located outsidL the floodplain. In addition, the Village's signature on the FEMA Community AcknowledLan ent Letter requesting a Letter of Map Amendment is limited to supporting and acknov.,?edging the grading of the lot, and has nothing to do with any home construction in the future. If it so chooses, the Village can decline to sign the Com_r,-unity Acknowledgement Letter without hindering the property owner's ability to obtain a Letter of Map Revision, pursuant to Section 65.3(b) of the National Flood Insurance Rules which reads as follows: "All requests for changes to ejj�ective n.zaps, other than those initiated by FEMA, must be made in writing by the Cluer Execuni e Officer of the Community (CEO) or an official designated by the CEO. Should the CEO refuse to submit such a request on behalf of another party; FE3L: will agree to review it only if written evidence is provided indicating the CEO or designee has been requested to do so." Had we elected to request a floodplain special use to construct a home in the floodplain, the Village, under its ordinances, would be obligated t preclude the construction of a basement for that home. Several questions arise in this regard which cannot be handled as clearly as they can under the process we have elected to follow. Among thes.- questions are the following: 17 Knoppers/Floodplain Special Use Page 3/July 17, 1990 1. After obtaining a special use to construct a home in the floodplain without a basement, and upon obtaining a Letter of;vlap Revision to exclude the buildable area from the floodplain, does the basem°nt prohibition automatically become null and void since the status of that portion of the lot upon which the home is to be built has changed, i.e.,been remat,ed from the floodplain; or 2. After obtaining a special use to coast et a home in the floodplain without a basement, and upon obtaining the Letter of Map Revision,must the special use be modified to delete the basement prohibition, therein requiring a time-consuming and burdensome run throu�h the special use processs for what amounts to a simple administrative action. Our client desires to begin construction on a home this year, yet we face at least a 60-day FEMA review period after we receive Village a proval anJ complete the grading work, which is anticipated to occur on or about August 24, 990. Assuming the special use ordinance is approved by the Board of Trustees on August 14, 1990, construction on this home could begin no earlier than the end of October. Should any delays occur Irk this schedule, the Knoppers may well have to cancel their plans to use this property. I cz hope you can understand our concerns regard t1h; latter. To the best of my knowledge, we have always abided by the regulations of the Vilia s:e of rak Brook in establishing a procedure to secure for our clients the timely approvals necessary or t:em to proceed with their plans, and will continue to cooperate with the Village in this regard. Sincerely, LINDLEY&SONS, INC. Michael E. Hughes, P.E. cc: Village of Oak Brook -Dale Durfey Mr. &Mrs. Bastian Knoppers Philip Dressler&Associates - Phil Dressler MEH/sg l� Jp�pf OqK�O 9 b d o s a COUNt.4``� VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 July 11, 1990 708 990-3000 Village President & Board of Trustees VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, IL 60521 y Re: Knoppers - Flood Plain Special Use 53 Baybrook Dear Mr. President & Board of Trustees: The Zoning Board of Appeals, at its meeting of July 3, 1990, considered the applicant's request to construct a single-family detached residence within the Ginger Creek Flood Plain. A motion was made by Member Herman, seconded by Member Crouch, to recommend approval of the plan (revised 6-27-90) since it met the Village's ten factors for construction in the flood plain. This recommendation is made subject to the following conditions: 1. The property owner grant the requested storm sewer easement along the north edge of the property. 2. A covenant be executed advising future owners of the property of possible flooding problems in and around the property and potential problems for construction of a basement. 3. Approval of the construction from FEMA and IDOT. 4. The proposed retaining wall along the north edge of the property be constructed with a minimum 50-year life. This motion passed on a roll call vote of five ayes, Members Crouch, Herman, Kenny, Shumate and Chairman Savino; zero nays; and two members absent, Members Martinello and White. Sincerely, Alfred P. Savino Chairman Zoning Board of Appeals 3. The suggested need for a variation is totally self-imposed by the applicant and therefore is not an appropriate reason for granting a variation. ROLL CALL VOTE: Ayes: (5) Members Crouch, Herman, Kenny, Shumate, and Chairman Savino Nays: (0) Absent: (2) Members Martinello and White MOTION CARRIED . .. IV. KNOPPERS - FLOOD PLAIN SPECIAL USE, 53 BAYBROOK Michael Hughes, engineer, and Phil Dressler addressed the Village's ten factors concerning construction in the flood plain and submitted a revised plan. A motion was made by Member Herman, seconded by Member Crouch, to recommend approval of the revised plan since it met the Village's ten factors for construction in the flood plain. This recommendation is made subject to the following conditions: 1. The property owner grant the requested storm sewer easement along the north edge of the property. 2. A covenant be executed advising future owners of the property of possible flooding problems in and around the property and potential problems for construction of a basement. 3. Approval of the construction from FEMA and IDOT. 4. The proposed retaining wall along the north edge of the property be constructed with a minimum 50-year life. ROLL CALL VOTE: Ayes: (5) Members Crouch, Herman, Kenny, Shumate, and Chairman Savino Nays: (0) Absent: (2) Members Martinello and White MOTION CARRIED . . . ZONING BOARD OF APPEALS Minutes - 2 - July 3, 1990 l� Illinois Department of Transportation Division of Water Resources 201 West Center Court/Schaumburg, Illinois/60196-1096 June 11, 1990 Mr. Michael E. Hughes Lindley & Sons, Inc. 9200 S. Kingery Road Hinsdale, IL 60521-6848 Ginger Creek Subdivision, Lot 115 in Oakbrook, IL Dear Mr. Hughes: Thank you for your letter of May 8, 1990 regarding the lot referenced above. The lot is located outside of the floodway of Ginger Creek. Therefore, any construction activity on the lot does not require a permit from Illinois Department of Transportation/Division of Water Resources. This letter does not exempt the applicant from obtaining any other local, State or Federal permits. If you have any questions, please call me at (708) 705-4341. Very truly yours, E � � Gar W: Jereb ` Y � P.E. Area Engineer Northern Technical Analysis and Regulation Unit GJ:PM:bbc:2235W cc: Village of Oakbrook � '1 r 0 REQUEST FOR SPECIAL USE TO OCCUPY FLOODPLAIN Lot 115/Ginger Creek Subdivision Oak Brook,Illinois Response to factors listed in the Village of Oak Brook Municipal Code upon which the recommendations of the Zoning Board of Appeals and the Plan Commission shall be based: 1. The danger to life and property due to increased flood heights or velocities caused by encroachments. Response: The submitted plan indicates that any floodplain volume filled by the development of the subject property will be offset by a volume to be excavated along Ginger Creek in excess of the volume of fill to be placed within the property. 2. The danger that materials may be swept onto other lands or cross stream, upstream, or downstream to the injury of others. Response: This property is ultimately to be used for a detached single family residence with no unusual storage of hazardous material; therefore, there is no unusual risk of injury to others due to materials being swept onto the property of others. 3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease,contamination,and unsanitary conditions. Response. No sewer or water main extensions are contemplated as part of the intended use of this property. In the future, a sanitary sewer and water service may be installed in accordance with the codes of the Village of Oak Brook and the State of Illinois Environmental Protection Agency, all of which are intended to prevent the transmission of disease, contamination, and unsanitary conditions. 4. The susceptibility of the proposed facility and its contents to flood damage, and the effect of such damage on the individual owners. Response. The proposed plan contemplates the creation of a building pad well above the anticipated 100 year flood level. Since only grading is proposed at this time, there is no risk of damage to the property or to the individual owners. 5. The importance of services provided by the proposed facility to the community. Response: As is the case throughout Oak Brook, the addition of a new residence to the community enhances the tax base of the community. JUN 1 1 1990 VILLAGE OF OAK GIiOH, IL. AD M I N 119TRATI O N LINDLEY&SONS,INC. REQUEST FOR SPECIAL USE/LOT 115 GINGER CREEK JUNE 7,1990/PAGE 1 J 6. The requirements of the facility for a waterfront location. Response. The use of this property is not dependent upon a waterfront location; however, the owner would like to increase its use in a manner consistent with the requirements of the Village of Oak Brook. 7. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. Response: The subject property is located between two lots which contain existing residences and is one of the last vacant parcels within the Ginger Creek subdivision. As such, the development of a building pad as proposed and the ultimate construction of a detached single family residence will be totally compatible with existing land uses in the area. 8. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area. Response: The ultimate development of this property will be consistent with the comprehensive plan, zoning ordinances, and floodplain management regulations for the Village of Oak Brook. 9. The safety of access to the property in time of flood for ordinary and emergency vehicles. Response. Presently, the Whirlaway DriveBaybrook Lane intersection is susceptible to flooding during the 100 year rainfall event. Based upon conversations with the Village of Oak Brook Emergency Services Coordinator, the Village does have an emergency plan to deal with flood conditions. This plan is initiated by the close monitoring of creek levels, rainfall, and upstream flood levels. Based on the results of this monitoring and the anticipated magnitude of flooding, the Village will take certain actions which can include an evacuation recommendation. The Village has further equipped itself to meet the emergency service needs of the community for all flood conditions. In addition, there are other existing residences along Whirlaway Drive and Baybrook Lane for which the availability of emergency services is of similar concern. We are not creating a new situation for which the Village has no contingency plan available. The Village is aware of the situation regarding the current needs of residents along these streets and will be able to provide any needed emergency service to both the present and future residents of the area. 10. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. Response. The Federal Emergency Management Agency has established the 100 year flood elevation to be 698.8. The rate of rise of flood water for Ginger Creek during a flood has been historically rather slow, and the expected silt transport capacity of the water also is relatively low, due to its low velocity within the flood fringe. Therefore, no detrimental impact on these parameters will result from the development of Lot 115. LINDLEY&SONS,INC. REQUEST FOR SPECIAL USE/LOT 115 GINGER CREEK JUNE 7, 1990/PAGE 2 I • •p�OF OqK e G O 4 `2 COUNI VI LLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521-2255 June 8, 1990 708 990-3000 MEMO TO: Plan Commission SUBJECT: Knoppers - Flood Plain Special Use 53 Baybrook This application is for a Special Use Permit for construction of a single-family residence within the flood fringe of Ginger Creek. Dale Durfey's attached June 6 memo deals with the specific flood plain regulations. Also enclosed are pertinent sections of the Village's Flood Plain regulations in this regard. To recommend approval of this application, a concurring vote of four members of the Plan Commission is required. Respectfully submitted, v Bruce F. Kapff Assistant to Village Manager 1 BFK:sps ' Enclosures { cc: Mr. Michael E_ Hughes- Lindley & Sons, Inc. 9200 S. Kingery Road Hinsdale, IL 60521 i 4 4 O'S OF OqK e • i vs 9O G � 9C�COUNT'f'♦�a' VILLAGE O F OAK B ROO K 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521-2255 { June 6, 1990 708 990-3000 MEMO TO: Bruce F. Kapff, Assistant to Village Manager FROM: Dale L. Durfey, Jr. , P.E. i SUBJECT: Floodplain Special Use Lot 115 - Ginger Creek x 53 Baybrook Lane t E t I have reviewed the above stated application and file and offer the following comments: 1. The 100 year high-water elevation for this section of Ginger Creek is 698.8. As such, this entire lot, as well as Baybrook Lane in front of the lot, is within the Ginger Creek Floodplain. The note on the engineering drawing depicting the FEMA Special Flood Hazard Area is incorrect since the entire area is within the floodplain. 2. From the IDOT maps, it appears that all of this property is within the flood fringe and not within the floodway. i 3. This application is somewhat similar to the previous Schroeder application j (Lot 20-811 Merry Lane) in that they are proposing to fill-in the area for the home such that the ground will be above the floodplain elevation, then ask the Village to co-sponsor a Letter of Map Revision request to FEMA so that the building pad area can be removed from the floodplain and, as such, not have any floodplain restrictions. This procedure would allow the construction of a conventional basement without any floodproofing P safeguards. As discussed at the Zoning Board of Appeals Meeting of June 5, 1990 concerning the Schroeder application, the Village needs to decide whether it would allow a residential basement in this area and, if one is allowed, are additional safeguards, such as floodproofing techniques, required over and above con- ventional basement construction. 4. The existing flood storage volumes have been checked and found to be acceptable. I will be meeting with the applicant's engineer to review with him an alterna- tive grading plan for the front portion of the lot, since some of the proposed contour lines create problems or seem to be inappropriate. Upon receipt of revised plan, the proposed flood storage volumes will then be checked. G M • i Bruce F. Kapff June 6, 1990 Page 2 5. It has again been brought to the Village's attention, through the Ginger Creek Curb and Gutter Paving Project, that the storm sewer outfall in this area does not funtion properly and needs to be replaced. The Ginger Creek Paving Plans contemplated a new sewer line within a new easement along the northerly portion of this Lot 115. A draft storm sewer easement was given to the lot owners, Joan and Bastian Knoppers, and I have subsequently received comments on the easement from their engineer acting on their behalf. $: Since the existing storm sewer system does not funtion properly, it is in the Village's and resident's best interests to cooperate, so that the Village constructs the necessary new storm sewer through this property and the downstream golf course property. In this regard, I will continue to work with the lot owners and their engineer to try to obtain the necessary easement. Assuming that can be done, it seems appropriate to have the Village construct this storm sewer outfall later this year, so that a newly constructed driveway does not have to be torn up from subsequent storm sewer construction. t ° 6. The proposed top-of-foundation elevation of 700.5 is not three (3') feet above the high-water level as prescribed by ordinance. The proposed top-of- foundation elevation should be 701.8. 7. Several minor drafting revisions need to be made to the drawing. Respe fu ly submitted, s E Dale L. Durfey, Jr. , P.E. , Village Engineer DLD/etg i ; i i r ( VI. `NEW BUSINESS• A. One-Day Liquor License Request - Rizzoli Bookstore e B. Request to Purchase Driving Range Golf Balls - Sports Core C. Request to Upgrade Fire Self-Contained Breathing Apparatus - y Fire Department ! D. Request for Approval of Annual DuPage Metropolitan Enforcement Group (DUMEG) Contribution E. Request to Obtain Quotes for Police Department Pistols F. Referrals: f 1. Knoppers - Flood Plain Special Use (53 Baybrook) -- Refer to Plan Commission of June 18, 1990 and Zoning Board of Appeals of July 3, 1990 a 2. Brush Hill Acres - Flood Plain Special Use Permit - Refer to & , Plan Commission of June 18, 1990 and Zoning Board of Appeals of fi July 3, 1990 t ` 3. Brush Hill Acres - Final Plat -- Refer to Plan Commission of June 18, 1990 4. Zundel - Side Yard Variation (339 Hambletonian Drive) -- Refer k to Zoning Board of Appeals of July 3, 1990 VII. ADJOURNMENT: a:ag61290x(3) j t i 1 S $ J 3 .. t F � { :t t • i 1 RUSSELL L. REINEMAN :. 55 BAYBROOK LANE, OAK BROOK. ILLINOIS 60521 4 1 •: June 11 , 1990 ' JUN 12 1990 Village of Oak Brook 1200 Oak Brook Road YtLLAE OF OAK MOM, IL.. Oak Brook, Illinois 60521-2255 gUMiN19TRATIQN [ r Attention: Bruce F. Kapff E . Assistant to Village Mgr. C ; Dear Bruce : f Supplementing our telephone conversation of this date, I wish to advise the Construction Application filed by 7 ' Mrs. Joan F. Knoppers to build on Lot 53 meets with my approval and therefore I will not attend any of the listed meetings. Your cooperation is appreciated. Sincerely Russell L. Reineman i 3 June 6, 1990 The DOINGS 118 West First Street y Hinsdale, IL 60521 Gentlemen: Please publish the following legal notice on June 13, 1990. LEGAL NOTICE VILLAGE OF OAK BROOK DU PAGE AND COOK COUNTIES, ILLINOIS NOTICE OF PUBLIC HEARING g NOTICE IS HEREBY GIVEN that a public hearing before the Zoning Board of t ' r Appeals of the Village of Oak Brook, DuPage and Cook Counties, Illinois, will t : be held on July 3, 1990 at 7:30 p.m. in the Oak Brook Village Hall, 1200 Oak ". i Brook Road, Illinois, for the purpose of considering the application of Joan ' F. Knoppers for a Flood Plain Special Use Permit pursuant to the provisions of Chapter 10-34 of the Code of Ordinances of the Village of Oak Brook regarding Flood Plain Regulations for construction of a single-family detached residence within the Ginger Creek Flood Plain. # The property may be generally described as 53 Baybrook Lane, Oak Brook, Illinois, and the legal description is as follows: ' Lot 115 in Ginger Creek, being a subdivision of parts of Sections 27 and 28, Township 39 North, Range 11, East of the Third Principal Meridian according to the plat thereof recorded December 30, 1960 as Document No. 9920057in DuPage County, Illinois. Permanent Parcel #06-28-403-007. All persons desiring to be heard in support of or in opposition to the proposed Flood Plain Special Use or any provision thereof, will be afforded an opportunity to do so and may submit their statements orally or in writing or both. The t 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. Linda Gonnella 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. z pfa OF-�Ak B 4 s: t1 VILLAGE O F OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 ,Tune 6, 1990 708 990- 3000 Dear Resident: The Oak Brook Plan Commission, Zoning Board of Appeals, and the Village Board .gill be considering a Flood Plain Special Use Permit at the meetings as scheduled on the reverse side of this notice. The application has been filed by: Joan F. Knoppers Relationship of Applicant to Property: Owner The property in question is situated at: 53 Baybrook Lane Also shown on the reverse side is a map of the area to assist you in determin- ing your relationship to the property in question. The request which has been made is as follows: Construction of a single-family detached residence within the Ginger Creek Flood Plain If you desire more detailed information, please contact me at the Village Hall to review the file on this application. I look forward to your attendance at the public meetings. Sincerely yours, Bruce F. Kapff Assistant to Village M ager bfk:sps All meetings are held in the Samuel E. Dean Board Room of the Oak Brook Village Hall, on Oak Brook Road (31st Street) and Spring Road, Oak Brook, Illinois. Plan Commission Meeting . . . . . . . . . . . . . . 7:30 p.m. Monday June 18, 1990 Zoning Board of Appeals . . . . . . . . . . . . . . 7:30 p.m. Tuesday July 3, 1990 Board of Trustees Meeting . . . . . . . . . . . . 7:30 p.m. Tuesday July 24, 1990 MAP OF AREA Y / 7 6600 n 2 _ °cr 8 G a,. 3 31 29 27 2 21 5 23 34 32 ' w 4 10 0 Z o 35 Q. t w C w 4 3a t M� 37 P 33 IG 39 4 2 8 6 4 42. 41 °y 8 �.M 41 p > a 11MPl cT 43 9 44 49 12 / 12 II 4L Y 14,14 18 4s 4B 1 14 — Ic lgps 74 4a 49 60 0 17 so 74 Gi 19 5Z 2813 G4 SI 76 73 71 181! 1813 8o 7S 4%G7 GS G3 61 ° 57 55 53 64 8s 71 _ 2900_ t9o3 2906 ear SaooK 87 83 63 81 2910 I 1 2911 2914 1 %916 1 -- 2925 1 29251 —.__ 1 2917 0 3001 2-914 j 3000 � IZ9t! 2913 r 3oos soot 3003 — 3008 ---T— �3oe1 iooi 3009 3 012 3015 3021 2 2810 1712 2700 I I t to[i t909 Rle1 tbe! fe3 sos 4o3 404 903 f04 ;lee _ `I 3111 ,nl 01 3113 3115 3113 '.0z 16 4 607 J�. ;owl 1 r «. Z � S -; _ w7 �* lot e �pF OqK . Pp e'9p aw a s. e f 4 FCOUNtO VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 312990-3000 June 28, 1990 MEMO TO: Zoning Board of Appeals SUBJECT: Knoppers - Flood Plain Special Use 53 Baybrook This application is for a Special Use Permit for construction of a single- family residence within the flood fringe of Ginger Creek. Dale Durfey's June 6 memo deals with the Village's Flood Plain Regulations indicating the particular issues to be reviewed. The Plan Commission, at its June 18 meeting, on a vote of 5 to 1, recommended approval subject to compliance with the Village's Flood Plain Regulations including the requirement that the top of foundation be located 3' above the high-water level. This recommendation was also conditioned on the applicant's granting of a storm sewer easement along the north edge of the property. Also included in the file is a document entitled "Request for Special Use to Occupy Flood Plain" prepared by Lindley & Sons received June 11 which details the applicant's response to the 10 primary issues contained in the Village's Flood Plain Regulations. Respectfully submitted, Bruce F. Kapff Assistant to Village Manager BFK:sps cc: Mr. Michael E. Hughes Lindley & Sons, Inc_ 9200 S. Kingery Road Hinsdale, IL 60521 `vSO�pF OgKe pp . 9 � f G O 9pe OUNT'� VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521-2255 708 990-3000 June 25, 1990 Village President & Board of Trustees VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, IL 60521 Re: Knoppers - Flood Plain Special Use 53 Baybrook Dear Mr. President & Board of Trustees: The Plan Commission, at its meeting of June 18, 1990, considered the applicant's request for a flood plain special use permit which will create a buildable lot presently within the Ginger Creek flood plain. A motion was made by Member Haglund, seconded by Member Skinner, to recommend approval of the requested flood plain special use permit subject to compliance with all regulations of the Village's flood plain ordinance including the requirement that the top of foundation be located 3' above the high-water level. This recommendation is made subject to a condition that the property owner grant the necessary storm sewer easement along the north edge of the property. This motion was approved on a roll call vote of five ayes, Members Doyle, Haglund, Sandstedt, Skinner and Chairman Marcy; one nay, Member Krafthefer; and one member absent, Member Beard. Sincerely, Henry 0. Marcy Chairman Plan Commission cc: Mr. Michael E. Hughes Lindley & Sons, Inc. 9200 S. Kingery Road Hinsdale, IL 60521 0 IV. BREAKENRIDGE FARM UNIT 3 - PRELIMINARY PLAT A motion was made by Member Haglund, seconded by Member Skinner, to table this subject to the July Plan Commission meeting as requested by the applicant. VOICE VOTE: All in favor. MOTION CARRIED. . . V. WEGNER WOODS SUBDIVISION - FINAL PLAT John Jackson, attorney, and Mike Lach, engineer, described a revised Subdivision Plat provided at the Plan.Commission's request which creates a physical connection between Lot 1 and Adams Road, although they still prefer { the original plat which gained access to Adams Road by means of an easement. A motion was made by Member Sandstedt, seconded by Member Krafthefer, to recommend approval of the alternate plat which connects Lot 1 to Adams Road subject to a further review of engineering details by Village Engineer Durfey and also subject to a waiver of any requirement to install land improvements as a part of the subdivision. ROLL CALL VOTE: Ayes: (6) Members Doyle, Haglund, Krafthefer, Sandstedt, Skinner and Chairman Marcy Nays: (0) Absent: (1) Member Beard MOTION CARRIED. . . VI. INSTITUTE IN BASIC LIFE PRINCIPLES - CHURCH-RELATED SPECIAL USE Adams Road A motion was made by Haglund, seconded by Sandstedt, to table this subject to the July meeting as requested by the applicant to allow time to prepare the requested Master Site Plan. VOICE VOTE: All in favor. MOTION CARRIED. . . VII. KNOPPERS - FLOOD PLAIN SPECIAL USE 53 Baybrook Mike Hughes, engineer, described the application which will create a buildable lot presently located within the Ginger Creek flood plan. A motion was made by Member Haglund, seconded by Member Skinner, to recommend approval of the requested flood plain special use permit subject to compliance with all regulations of the Village's flood plain ordinance including the requirement that the top of foundation be located 3' above the high-water level. This recommendation is made subject to a condition that the property owner grant the necessary storm sewer easement along the north edge of the property. PLAN COMMISSION Minutes - 2 - June 18, 1990 0 ROLL CALL VOTE: Ayes: (5) Members Doyle, Haglund, Sandstedt, Skinner and Chairman Marcy Nays: (1) Member Krafthefer Absent: (1) Member Beard MOTION CARRIED. . . VIII. BREAKENRIDGE FARM UNIT 3 - PRELIMINARY PLAT Don Eddy, engineer, Phil Dressler, developer, presented their application which would create two 2-acre lots and leave a remaining parcel of two acres owned by the Institute in Basic Life Principles. Village Subdivision Regulations require all six acres to be included in the proposed subdivision. Commission members established a consensus in favor of a conforming 3-lot subdivision which would include all 6 acres, 4 of which are owned by the Dresslers and 2 owned by the Institute subject to the subdivision meeting all concerns of the Village Engineer. A motion was made by Member Skinner, seconded by Member Sandstedt, to table this subject to the next Plan Commission meeting in order to allow time for further negotiations between Dressler and the Institute for a 3-lot subdivision in compliance with Village regulations. VOICE VOTE: All in favor. MOTION CARRIED. . . IX. BRUSH HILL ACRES - FLOOD PLAIN SPECIAL USE AND FINAL PLAT Walter O'Brien, attorney, and Don Eddy, engineer, described the 7-lot Final Plat of Subdivision which involves certain regrading within the Salt Creek Flood Plain. A motion was made by Member Doyle, seconded by Member Haglund, to recommend approval of the Final Plat and Flood Plain Special Use permit subject to a condition that proper soil borings be performed, and compliance with Village Engineer Durfey's review items of June 8, 1990. ROLL CALL VOTE: Ayes: (6) Members Doyle, Haglund, Krafthefer, Sandstedt, Skinner and Chairman Marcy Nays: (0) Absent: (1) Member Beard MOTION CARRIED. . . PLAN COMMISSION Minutes - 3 - June 18, 1990 ,O f` .OLlPAGEAN000OKIt11110f8 ~~" • s �:NOTICE OF PUBLIC H NO NOTICE 18 HEREBY GIVEN ftt a Public h= Mn Zonkp aoaM of of the vamp of OsR amok °iPipind Cpoo1`�GWIS.Will be 1i1d 1 �" % PUBLISHER'S CERTIFICATE s�rook Illoue�aswlUnInnols��' 1M p d tt o CCo&of OInsnami of Vlllsps Oa Brook iips°tft Flood Plain Repulatlons for ooMnumC ion of e dslaehsd reeldam Milan an Gkpsr Cask Pleln •l o�oosrty may ei l &@~as ss�� THIS LS TO CERTIFY That the notice, a true copy of which i3 attached to this fans Oak crook law aft kqM dssulPaon le sr fakers:-.w ;, ,r .-:.=v;., � certificate, was published in THE DOINGS once each week for Lot I is In Gkilk�CrsTsk bNnbp 8,A I I ion of pnb of Baotlo�m 27 a6dn 0,To? nshIp 0 Nam^ 1.tyet" weeks sucessively; that the date ; . One ............................... °thf srr�W ac�o�dsd o.�wnesr�o ,ae000�,or�nt N�a f1t20067 In ouPape County.tllinole P«m.e.nt Peroel .Daze psm�r.,•, t 13th All oersone��d la be hwd in vvp dent iappoat of the first publication was the ................................................day of s�nbn�e�eeo�p.wNl ps aFtlloaoddsdPlain ina dao s d maywOnlltlfnlretatsrnerds„ «N � or?ou.TTIM June 90 , , ........... A.D., 19......, and that the date of the last publication was 1J• at~dM If;;flee of arm pleoe M pubBcb emow�eed at ar IM or Is p°Ilatf°"not aMn 11w dsY' A.D. 19. OF nwaw unda Go p W' I the ............................. day of............................ , PuOealyd at on drrenon of M.Corponb Autlfwffi s.nd a„no„l„p aoa,d at APpsels of t1»Vllleps of Oak Brook AND IT IS FURTHER CERTIFIED That THE DOINGS is a secular newspaper Of pp��pp��ppss �� .,a eneral circulation, published weekly in the Villages of Hinsdale, Clarendon Hills, gipwlyd In Tke ookw June 13.160 ., g _ 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 ............ 14th............ day of ..June....................... A.D. 19 90... Publishers Charge ..37.80 Publisher / 9 VILLAGE OF OAK BROOK Minutes -6- June 12, 1990 ROLL CALL VOTE: Ayes: Trustees Bushy, Maher, Payovich, Rush, Winters and President Cerne. Nays: None Absent: Trustee Bartecki. So ordered. C. Request to Upgrade Fire Self-Contained Breathing Apparatus - Fire Department: Trustee Bushy moved, seconded by Trustee Maher... To waive the formal bidding process due to the specialized nature of the equipment and approve the purchase order to upgrade the Fire Department's seventeen (17) M.S.A. self-contained breathing apparatus to Air-One Equipment Company in the total amount of $11,322.00. ROLL CALL VOTE: Ayes: Trustees Bushy, Maher, Payovich, Rush, Winters and President Cerne. Nays: None Absent: Trustee Bartecki. So ordered. D. Request for App roval of Annual DuPage Metropolitan Enforcement Group DUMEG Contribution: In May, 1986, the Oak Brook Board of Trustees joined with a majority of DuPage County communities and approved an intergovernmental agreement with DUMEG. The Village has made an annual contribution to DU14EG since 1986. Trustee Bushy moved, seconded by Trustee Rush... To approve a purchase order in the amount of $16,341.00 for payment of the Village's annual contribution to the DuPage Metropolitan Enforcement Group. ROLL CALL VOTE: Ayes: Trustees Bushy, Maher, Payovich, Rush, Winters and President Cerne. Nays: None Absent: Trustee Bartecki. So ordered. E. Request to Obtain Quotes for Police Department Pistols: Trustee Bushy moved, seconded by Trustee Rush... To waive the formal bidding process due to the specialized nature of the equipment and authorize the Police Department to solicit quotes for the purchase of 45 Glock 9 millimeter (mm) calibre semi-automatic pistols and direct Staff to prepare information on the pistols for the Board's review. VOICE VOTE: All present, in favor. So ordered. F. Referrals: With no objections, President Cerne made the following referrals: G) Knoppers - Flood Plain Special Use (53 Baybroek) -- Referred to Plan Commission Meeting of June 18, 1990 and Zoning Board of Appeals Meeting of July 3, 1990. 2. Brush Hill Acres - Flood Plain Special Use Permit -- Referred to Plan Commission ?fleeting of June 18, 1990 and Zoning Board of Appeals Meeting of July 3, 1990. 3. Brush Hill Acres - Final- Plat -- Referred to ?'_an Commission Meeting of June 18, 1990, 4. Zundel - Side Yard 7ariation (339 Hambletonian 7r4ve) -- Referred .o Zoning Board of .appeals Meeting of July 3, '990. 77:..:.AGE OF OAK BROOK Minutes -6- June 12. 1990 p V 1 1-1-AG I: 01 ' zuNiNr, utiuiNnNCa; , OAK BKOOK ± 1200 OAK BROOK ROAD �—j APPEAL i . i VARTATION OAK BROOK, ILLINOIS 60521 $100 $300 654-2220 VARIATION t—X SPECIAL USF, —� $300 ` �. $675 APPLICATION FOR PUBLIC IIIsMUNG • , TO BE FILED VITii bIL AMENDMENT LAGE CLERK $650 SPECIAL USE $400 (Section 2-225, 8/11./81) 1LL APPLICATIONS MUST BE ACCOMPANIED BY PROPER FEE, PLAT OF SURVEY, AND (18) COPIES OF A SCALE )RAWING, SHOWING AI.L PERTINENT APPLICABLE INFORMATION, i.e. , PROPERTY LINES, EXISTING BUILDTNGS, :OCATION OF PROPOSED CONSTRUCTION, ANY BUILDINGS ON ADJACENT PROPERTY WITIII.N 100 FEET OF SUS.IF.:(:'- ?ROP F.RTY. DO NOT MITE IN 1111S SPACE -- FOR OFFICE USE ONLY Date Filed: Board of Trustees Referral !iotice Published: 6 i��-rJ'C7 Newspaper: Date Adjacent Property Owners Notified: 011*-6 Staff Referral: Public Hearing Dates: Plan Commission - Zoning Board of Appeals Board of Trustees 7—Zy- Board of Trustees / (Approval of Ordinancc. FEE PAID: ' Receipt No. . Received. . Iy 7 .!`1�,,r�lerk T-- ----------------------------------------------------------- Village--------------- -- ------'� APPLICANT TO mm.T:TE LOCATION OF SUBJECT PROPERTY: PERMAVENT PARCEL NI1MBE-R06-28-403-007 LOT 1,10. 115 SU£DIVISION Ginger Creek ADDRESS 53 Baybrook Lane ' ZONING R-2 ZONING ORDINANCE SECTION . . ACTION REQUESTED Special Use Permit .to 'occupy and use the "f lood fringe 'of -- Ginger Creek PROPERTY INTEREST OF APPLICANT: OWNER Q CONTRACT PURCHASER AGENT OWNER(S) OF RECORD Joan F. Knoppers P11ONE NUMBER 986-0833 - ADDRESS 23 Cambridge Drive, Oak Brook, IL LIP 60521-2255 BENEFICIARY IES OF TRUST: PHONE NUMBER ADDRESS ZIP NAME OF APPLICANT Michael E. Hughes PHONE NU14BER 325-8190 - Lindley & Sons, Inc. ' ADDRESS 9200 S. Kingery Rd. , Hinsdale, IL ?.TIC 60521 . I (**y certify that all of the above statements and the statements contained in any papers or pl.ags submitted berewiLh are true to the best- of my (qxw� knowledge and belief. APPLICATION FOR SPECIAL USE To Occupy and Use the Flood Fringe of Ginger Creek at 53 Baybrook Lane Oak Brook, Illinois List of Surrounding Property Owners PPN NAME ADDRESS 06-28-401-004 Bernard L. &J.A. Downey 17 Lochinvar Ln. Oak Brook, IL 60521 06-28-401-005 Orland &Mary Magnelli 57 Regent Dr. Oak Brook, IL 60521 06-28-401-009 NBD Woodfield Bank 600 N. Meacham Rd. Trust 101 Schaumburg, IL 60196 06-28-401-010 Edward & J.A. Schoenthaler 52 Baybrook Ln. Oak Brook, IL 60521 06-28-403-005 Joseph T. Moretti P.O. Box 3563 Oak Brook, IL 60522 06-28-403-006 Midwest Bank 1606 Harlem Ave. Trust 84-05-4421 Elmwood Park, IL 60635 06-28-403-007 Joan F. Knoppers 23 Cambridge Dr. Oak Brook, IL 60521 06-28-403-008 Russell L. Reineman 55 Baybrook Ln. Oak Brook, IL 60521 06-28-403-009 First State Bank&Trust 607-11 Devon Ave. of Park Ridge,Trust 585 Park Ridge, IL 60068 06-28-403-014 Butterfield Country Club 31st St. at Midwest Rd. Hinsdale, IL 60521 I 06-28-403-018 H. Robert Jochem 2903 Oakbrook Hills Rd. Oak Brook, IL 60521 06-28-403-019 H. Robert &Judith Jochem 2903 Oakbrook Hills Rd. Oak Brook, IL 60521 06-28-403-020 Marion H. &Robert Beutler 2911 Oakbrook Hills Rd. Oak Brook, IL 60521 PHIL.DRESSLER &ASSOC., INC. Bank of 70881 NO. 09000 224 POW ELL Hinsdale 719 ODDER AVENUE.NNEDALL MAW 60621 "OLARENDON HILLS, IL 60514 9000 5115190 $675.00 PAY ***SIX HUNDRED SEVENTY FIVE & N0 1100***. TO THE ORDER VILLAGE OF OAK BROOK OF 11100900011' 1:0 7 190813 141: 11' S 306 L L11• - BANK RECEIPT RECEIVED TRANSIT i CHECKS i CASH NUMBER DATE NAME DESCRIPTION BY: lit NO. INVALID WITHOUT VILLAGE OF OAK BROOK 69660 SIGNATURE • 1200 OAK BROOK ROAD ? OAK BROOK, ILLINOIS cu PHONE: (312) 990-3000 71r�I�I� RETAIN THIS RECEIPT FOR YOUR RECORDS SAFEGUARD BUSINESS SYSTEMS • LI DLEY SONS, INC. 9200 S. Kingery Road Hinsdale, Illinois 60521-6848 (312) 325-8190 May 14, 1990 Steven Burley, Village Manager VILLAGE OF OAK 1200 Oak Brook Road Oak Brook, IL 60521-2255 Re: Special Use Permit to Occupy and Use It The Flood Fringe of Ginger Creek -- Lot 115, Ginger Creek Subdivision Dear Mr. Burley: On behalf of the owners of Lot 115 of the Ginger Creek Subdivision, Mr. and Mrs. Bastian Knoppers, a Special Use Permit is hereby requested to allow for the placement and compaction of fill on this property to remove a portion of the lot from the flood fringe area of Ginger Creek. The enclosed plan and photographs are offered in support of this petition as required by Section 10-2 of the Village of Oak Brook Code of Ordinances. The Federal Emergency Management Agency (FEMA) Flood Insurance Study for Ginger Creek indicates that the base (or 100 year) flood elevation applicable to this property, located at the intersection of Whirlaway Drive and Baybrook Lane is 698.8. Consequently, the entire lot falls within the flood fringe of Ginger Creek. It is the intent of the enclosed plan to fully comply with the general conditions of Section 1.05 which require compensatory storage for any fill placed on the property below the base flood elevation The enclosed plan illustrates the proposed filling program which will satisfy the requirements of this ordinance. On behalf of the Knoppers, it is further requested that this application be placed before the Village Plan Commission at its next regularly scheduled meeting, such that its written report can be received by and a public hearing held before the Zoning Board of Appeals at the earliest possible date. Upon issuance to the Village Board of the reports and recommendations from the Plan Commission and Zoning Board of Appeals, and upon the Board's approval, the Knoppers would cause the approved grading plan to be implemented, resulting in the exclusion from the Village floodway fringe of Ginger Creek that portion of their lot having ground surface elevations equal to or greater than the base flood elevation. Any correspondence relative to this request, as well as notices of meetings on this matter, should be sent to this office, as well as to the Knoppers at 23 Cambridge Drive, Oak Brook, Illinois. Sincerely, LINDLEY& SONS, INC. enclosures cc: Mr. &Mrs. Bastian Knoppers , Phillip Dressler&Associates Village of Oak Brook -Dale Durfey -Bruce Kapff Michael E. Hughes, P.E. MEH/sg CIVIL ENGINEERING • DRAINAGE/STORM WATER MANAGEMENT a SITE PLANNING/DESIGN • LANDSCAPE ARCHITECTURE MUNICIPAL INFRASTRUCTURE ENGINEERING • LAND DEVELOPMENT PLAN REVIEW• FORENSIC ENGINEERING I a � d 1 i�.+.x.b < +a *•. ^� 2 11= �' rt. Sys"� �` I:i a 'y.14 -ta�•s, _ . Mc.Nw�� a V,•. :- _ :!, � -.:•:'. O t.i'. �Y� ` - ,.��� '! .%tii•a -.a � '•+'•f•t.r�� 7+C1i► �`•:..b rn• t ♦:.l- a r ..•, ;. �i�,►`w�t♦ - '. '.4 �� p $- l Zh Y 711 t,l'r y, R{n 'w`;,��i�.s+. 'a•tr_+• � r Y � } ` •a J'�-s•'•� - !���t� l t�.ip.. a♦'�ttt �`i�-��'!'�� •�i,.h�,(t -. ��a rya .�''l• �¢`��`•�r t- �! {y`: �• '-t }..�1 tFlaal•,�. F't,ti �, a a.RA. t•.,�� r. •� 41 ��•,i ..a"�•r . , •.ut.�i 4ay .- a �KIffi:i lr 'ti` r- w 1 :l :i:a"•;t7 �y r''a•' r.�t"a.. ti t _} ta. -♦ :t _ ..yt -•�` '. - is K'" r'� S tar% w. �-� �er �:r�1.hF:;r`,Y,'-4.. _#if'�� •». `.jam- <- .'•'f yr�`"_?+�_'ua,'x.y/i a� �t*.'.�'it�?• / iaa. ra.�y a..�1 L• -t U Ae��t• �.y,wj '�R"J� w^S.i ':� �" .•r• •. - �-.� iti .♦. _ _ _ � -x{`; .r'y�;v�.••�,r�v�.+ �2'iJ �'u"L'Y�d'iY^+st��`?��tgta.���"�i'�. q,��.�5tiSr r.::.c+�t ta: 'w:r��:, i.4. -�P•,,.v -srY •-v- •:i ""•[...'� :+Y ?- � " • ..� A t ta; ♦ _ J�J- _,�'� *air � .L. • - .i.L �J..ti,� 'Y' � V' er4r j+ti. - �ti�1' K .`a.,a` �ttt ''D ate/ �� jt♦� y �'j, � �?� x i • rh se tit At or .Lt' �f •yo y� f• Ordinance S- 700 Granting a Flood Plain Special Use 53 Baybrook Lane Page 2 Section 3: That this ordinance is subject to the condition that all improvements constructed on the subject property be constructed in accordance with the Building Code and in accordance with the requirements for flood resistent construction as set forth in Section 2102.0 of the BOCA National Building Code. Section 4: That this Ordinance shall be in full force and effect from and after passage and approval as provided by law. PASSED THIS 14th day of A ugust 1990. Ayes: Trustees Bartecki, Maher, Payovich, Rush and President Cerne Nays: N one Absent. Trustees Bushy and Winters Abstain: None APPROVED THIS 14th day of August 1990. Village President ATTEST: Village Clerk Approved as to Form: Villag Atto n y Published Date Paper Not Published X X a:knpprs