S-711 - 03/26/1991 - VARIATION - Ordinances ORDINANCE NO. S— 711
AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF
SECTION VII(D)(8)(b)
OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK
RELATIVE TO SIDE YARD REQUIRE4ENTS
(55 Meadowood Drive)
WHEREAS, an application has been filed requesting a variation from the
provisions of Section VII(D) (8) (b) of the Zoning Ordinance of the Village of
Oak Brook to permit the construction of an addition encroaching approximately
5 feet into the required 12-foot northerly side yard on the property
hereinafter described; and
WHEREAS, a public hearing on such application has been conducted by the
Zoning Board of Appeals of the Village of Oak Brook on January 15, 1991
pursuant to due and appropriate legal notice; and
WHEREAS, a recommendation has been made by said Zoning Board of Appeals
that the variation requested be granted and made explicit findings that the
variation requested meets the applicable standards set forth in Section
XIII(G) (4) of the said Oak Brook Zoning Ordinance; and
WHEREAS, the Village President and Board of Trustees concur with the
recommendations and findings made by the Zoning Board of Appeals;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
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(D) (8) (b) of the Zoning Ordinance of the Village of Oak Brook so as
to permit construction of an addition encroaching approximately 5 feet into
the required northerly 12-foot side yard, provided that the addition is
constructed in substantial conformity with plans submitted dated as received
March 6, 1991, a copy of which are attached hereto, labelled "Exhibit A", and
hereby made a part hereof.
Section 3: That this Ordinance is limited and restricted to property
commonly known as 55 Meadowood Drive, Oak Brook, Illinois, which property is
legally described as:
Lot 5 in York Woodlands, being a subdivision of part of the
Northwest Quarter of the Southeast Quarter of Section 24, Township
39 North, Range 11 East of the Third Principal Meridian, according
to the plat thereof recorded September 12, 1951, as Document No.
633865, in DuPage County, IL. Permanent Index No. 06-24-400-005.
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Ordinance No. S- 711
An Ordinance Granting a
Variation Relative to Side
Yard Requirements
55 Meadowood Drive
Page 2
Section 4: That this Ordinance shall be in full force and effect from
and after passage and approval as provided by law.
PASSED THIS 26th day of March , 1991.
Ayes: Trustees Bartecki, Bushy, Payovich, Rush and Winters
Nays: None
Absent: Trustee Maher and President Cerne
Abstain: None
APPROVED THIS 26th day of March , 1991.
VilYage President
ATTEST:
i
Village Clerk
Approve as rm: '
Vill ge Attorney
Published
Date Paper
Not Published XX
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FCOUNS��
VI LLAGE OF OAK B �ZOOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
Ma:ch 7, 1991 708 990- 3000
MEMO TO: Village President & Board of Trustees
, SUBJECT: Petska - Side Yard Variation
55 Meadowood
The Village Board, at its meetir,g of February 26, 1991, voted to deny the
requested side yard variation which would allow a 6' addition to the existing
lz car garage, increasir.g the size to accommodate two cars.
Michael Meissner, architect for the applicants, by letter of February 28,
1991, is requesting a reconsideration of this denial, w:ich, by statute, must
taxe place at the Board meeting immediately following denial of the variation.
Also submitted is a three-sheet set of plans showing alternative layouts for
the two-car garage, the first placing the garage on the south side of the
structure, elimi.^.ating the existing wood deck; the second sheet shows
alternative settings of a detached garage in the rear yard; and the third is a
modif�cation to their original request showing a 5' instead of 6' encroachment
into the 12' northerly side yard.
A reqL;est for reconsideration is a two-step process as fol�ows:
1. Approval o� a motion for reconsideration must be made by one of the Board
members voting ir. favor o� denial at the last meeting;
2. Motion to approve (if so desired) the variatior: and direct preparation of
an ordinance.
Respectfully submitted,
. ���'-�'���` �,�-�'���
Stephen Berley
Village Ma:.ager
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Bruce F. KaAff ''�
Assistant to Village Manager
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„� J. MICHAEL MEISSNER ARCH�ITECTS, AIA, NCARB
J. Michael Meissner. AIA
!=�bruary �� , 1 �a 1 (� (����jj
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To: v i i 1 age c� C�ak Broon . MAR O 4 1��1
Presid2nt ✓
�saard o� i ruste�s VII,IAG� QF OAK BROOt(, !L.
A►C�MlNl9TRATICIN
12GG Gak 8rc�f� Roud
Oak Broc� , IL 6u521
Re : Vari��ion Tor A..lex � Maria Pe�ska - 2�5 Me�ciou�ood Drive
Dear Mr . President and Members ar the Board ot Tr�;stees :
On behalf of ,41ex and Maria Petska I would 1 ; �;e to formaii5
request a reconsideratior; ot tneir vGriation peiitian that wa�
denied in the February 26 , 199i , ir a 4 �o J VO�a.
'rVe w i 1 1 p resent at tre meet i nG on hiarch 1 2 , 1 991 , a de�ai 1 ed
comparative anaiysis witn all of the possible considera�;or.s te
provide �or G t:vc car garag� , :hrough all this additiona:
information we feel hopeful Lr�at the greater reasona�ili�y ; i�s
4vl �f'ili� '"i,��'18 SO� UtIOfI 3S ofrere.�', requesting }i,f'lc V?rlat.iOr , T ff�; 'f, �
understa�d thGt one cf the dissertirg board mem�ers must as:� oT
the boa!-d as a wha i � fcr a r�ccnsid2rat ion ta be rIEC�..rd . We wi 11
prior to the Marc� 5 , 199i deadline, provide drawi :�gs anc
dcc:�mentation to be included in you pac�ets which wil ? allow ycu
�o ccnsider �ur ��+orts and tner� meri � prior to t�2 TOr:113� board
m2e�� r;g . V�� :Ari 1 1 a i sc su�mi t and presznt at the mee�i nc cn t��
� ���^ +i.Cl@ ''u�.�'it"G�?�': 3�2 a�rl c:� p�';O�O �oc�.�me�tS Lf1a� W1 ! % V 1 Si,ia� I �
Si.i�S�d!':t i at@ t,��E �'�arG;Sr1 i �S aYIU� t;"!a �cr�man Scri_'`-.? 3�'Jr0&�E'? �tlG� Iti� .
are endea�✓oring to communi�ate .
I wi i i by phar:� cortact cre or more of the boar� membe�s iyitr L!�:e
intent t�� �i �ld �rcre cicsely the primary c�nc��ns tr�at yeu r�ay
have tc best direct oar presentaticn .
Very ��est regards ,
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J . bii c;-�ael MG; ssner , AI�1
:;M�?,�r:i
11 Salt Creek Lane, Hinsdale, IL 60521 708/323-8373
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VI LLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990-3000
February 28, 1991
Mr. & Mrs. Alex Petska
217 Bridle Path Circle
Oak Brook, IL 60521
Re: Side Yard Variation, 55 Meadowood
Dear Mr. & Mrs. Petska:
The Village Board at its meeting of February 26, 1991, following considerable
discussion, voted to deny your requested variation.
As I mentioned to Mr. Meissner after the Board's decision, your only recourse
at this point in time is to either bring your proposed construction into
compliance with the zoning ordinance by either modifying the addition, which
might include placing a detached garage somewhere in the rear yard, or request
a reconsideration of this subject by the Village Board. Such reconsideration
must be requested no later than the first meeting immediately following the
Board's denial. In this case, the next Village Board meeting is scheduled for
March 12, 1991. Should you choose to request reconsideration, you should
indicate any additior.al mitigating factors which the Board should take into
consideration in this regard. This is recomr.�ended since, for reconsideration
to take place, a motion to that effect must be made by one of the Board
members voting in favor of the denial. Without additional information, it is
unlikely that one of the existing members of the Board who voted against your
variation would be likely to simply change his mind absent such information.
In order to be on the March 12 agenda, I need the above information no later
than March 5. Should you require anything further in this regard, please feel
free to call.
Sincerely,
�
Bruce F. Kapff
Assistant to Village Manager
BFK:sps
cc: Stephen Berley, Village Manager
John H. Brechin, Village Attorney
Thomas Hawk, Code Enforcement Officer
J. Michael Meissner, Architects
11 Salt Creek Lane ,
Hinsdale, IL b0521
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V1��� vF oAR BROOR Minutes -3- February 26, 1991
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IV. FINANCIAL:
A. Treasurer's Re ort:
Revenue Expenses Fund Balance
Cprporate Fund ;885,885.10 ;717,196.05 $5,300,142.29
Motor Fuel Tax Fund 18,489.17 24,391.78 304,419.82
Hotel/Motel Tax Fund 23,570.54 50.19 23,778.03
Reserve/Capital Purchases 310.19 95.09 22,766.84
Debt Service Fund 17,840.13 -0- 136,843.66
Sports Core Fund 24,596.55 100,469.62 176.27
Water Fund 263,925.30 250,208.95 4,751,854.12
Fire Pension Fund 51,962.24 12,506.64 7,830,813.68
Police Pension Fund 47,297.82 15,370.58 7,251,627.11
Trustee Bartecki moved, seconded by Trustee Maher to approve the
Treasurer's Report for the Month of January, 1991 as presented. Voice
Vote: all ayes, no nays. Motion carried.
V. UNFINISHED BUSINESS:
A. Recommendation - Petska - Side Yard Variation (55 Meadowood) :
Direction given at the Regular Meeting of February 12, 1991.
Trustee Winters moved, seconded by Trustee Payovich to direct the
Village Attorney to prepare the necessary documentation to provide for
a Side Yard Variation that would allow a setback of 6 feet into the
side yard for a proposed garage. Roll Ca11 Vote:
Ayes: 3-Trustees Maher, Payovich and Winters
Nays: 4-Trustees Bartecki, Bushy, Rush and President Cerne
Absent: 0-None
Motion failed.
B. Personal Rapid Transit Pro ram - Status Re ort:
It was a unanimous consensus of the Board to decline completing the
RTA's Request For Proposal as part of the Personal Rapid Transit
Program, but the Village would like to be considered for future
expansions of the PRT system following a successful pilot, at which
time specific costs, advantages and disadvantages could be more clearly
defined.
C. Bid Recommendation - Electrical U rade - Bath & Tennis Club:
Direction given at the Regular Meeting of January 22, 1991. Five (5)
bids were received on February 19, 1991.
Trustee Maher moved, seconded by Trustee Bushy to accept the bid of
$20,000.00 from Light House Electric of Hinsdale, the lowest
responsible bidder, for electrical upgrade at the Bath & Tennis Club.
Roll Call Vote:
VILLAGE OF OAK BROOK Minutes -3- February 26, 1991
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V I LLAG E O F OA K B ROO K
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990-3000 .
February 28, 1991
Mr. & Mrs. Alex Petska
� 217 Bridle Path Circle
Oak Brook, IL 60521
Re: Side Yard Variation, 55 Meadowood
Dear Mr. & Mrs. Petska:
The Village Board at its meeting of February 2b, 199I, following considerable
discussion, voted to deny your requested variation.
As I mentioned to Mr. Meissner after the Board's decision, your only recourse
at this point in time is to either bring your proposed construction into
compliance with the zoning ordinance by either modifying the addition, which
might include placing a detached garage somewhere in the rear yard, or request
a reconsideration of this subject by the Village Board. Such reconsideration
must be requested no later than the first meeting immediately following the
Board's denial. In this case, the next Village Board meeting is scheduled for
March 12, 1991. Should you choose to request reconsideration, you should
indicate any add;tional mitigating factors which the Board should take into �
consideration in this regard. This is recomr.tended since, for reconsideration
to take place, a motion to that effect must be made by one of the Board
members voting in favor of the denial. Without additional information, it is
uniikely that one of the existing members of the Board who voted against your
variation would be likely to simply change his mind absent such information.
In order to be on the March 12 agenda, I need the above information no later
than March 5. Should you require anything further in this regard, please feel
free to call. .
Sincerely,
��� � �
�
Bruce F. Kapff
Assistant to Village Manager
BFx:sps
c�: Stephen Berley, Village Manager
John H. Brechin, Village Attorney
Thomas Hawk, Code Enforcement Officer v-----�
3. Michael Meissner, Architects
11 Salt Creek Lane
AinsdaZe, IL 60521
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VI LLAGE OF OAK �3ROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990-3000
February 21, �991
MEMO TO: Village President & Board of Trustees
SUBJECT: Petska, Side Yard Variation
55 N:eadowood
The Village Board, at its February 12 meeting, tabled this subject to allow an
opportunity for all Board me:nbers to be present at the February 26 meeting to
decide tnis issue.
The applicant, by letter of February 13, 1991, is offering to meet with Board
members at the site in order to better explain the particular hardship
involved in their application. Although it was suggested that perhaps a
single meeting be established with the Board, it was de�ermined that due to
the Open Meetings Act, this would be inappropriate since it would be necessary
to officially "notice" the meeting, take minutes, etc. if more than three
Board members at a time were present a� the site. Instead, the applicant is
rnaking available two time slots during which timz Board members s:�ould feel
free to visit the site as they deem aporopriate keepir.g in mir.d that no more
thar. two Board members may be at the site at any one tin2. The two time slots
are as fcllow�:
1. Moaday, �'ebruary 25, 6:30 tc 7:00 p.m.
2. Tuesday, February 26, 6s30 to 7:00 p.^�.
Respectfully submitted,
� ��
Ste�hen Berley �
Villa e Manager
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Bruce F. Kapf�
Assistant to Village Manager
BFK:sps
cc: Mr. & Mrs. Alex Petska
217 Bridle Parth C�rc�e
Oak Brook, IL 60521
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VI LLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
February 14, 1991
708 990-3000
Mr. & Mrs. Alex Petska
217 Bridle Parth Circle
Oak Brook, IL 60521
Re: Side Yard Variation
55 Meadowood
Dear Mr. & Mrs. Petska:
The Village Board at its meeting of February 12, 1991, agreed to table your
application in order to allow all members of the Board to be present in
reviewing your variation reguest.
This item has been placed on the Tuesday, February 26 agencia. Should you have
any further information to add to the file, please forward that to my
attention no later than Wednesday, February 20. Should you have any questions
in this regard, please feel free to call.
Sincerely,
a
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Bruce F. Kapff
Assistant to Village Manager
BFK:sps
cc: J. Michael Meissner, Architects
11 Salt Creek Lane
Hinsdale, IL 60521
Stephen Berley, Village Manager
Thomas Hawk, Code Enforcement Officer
�`f�
" � J. MICHAEL MEiSSNER ARC'"q'ECTS, AIA, NCARB
,
J. Michael Meissner, AIA
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February 13 , 1991 �
FEB 1 5 i991
To: President of the Vi 11age of Oak Brook VILIAGE OF (3�K �Ra�K, (L.
The Board of Trustees
Chai rman of the Oak 8rook Zoni ng Board of Ap�eal�p��N�9TRATtON
1200 Oak Brook Road
Oak Brook, I� 60521
Re : Variation for Alex & Marie Petska - 255 Meadowood Drive
Dear Mr. President, Chairman and Trustees :
While I was not personally able to be present for the Board level
meeting in which the petition for variation far Alex and Marie
Petska was heard , an individual representing my office Mr . James
Prisby was in attendance. I am somewhat at a loss for
expressions as to the disparagement between �the unanimous full
Zoning Board of Appeal recommendation after its due and
deliberate investigation and findings and the split 3 to 3 vote
amorg the Trustees regarding its final approval .
At this time I would like to ask two key considerations on behalf
of the petitioner. The first is that an informal , brief on-site
visit be scheduled . At which time the internal as well as the
external issues of the house and its options can be more clearly
illuminated and understood . The second request, if in fact the
first is inappropriate or would be too untimely, is that the
Trustee Members individually grant me the opportunity to speak
over the phone, prior to the February 26 , 1991 meeting . This
wculd allow me to more clesely establish an understanding of your
concerns and to then best respond in a meaningful and honest
fiashion to the Trustees .
As a consultant to Villages regarding different issues, I am
cognizant of the concern with reference to variations and the
precedence they set and thErefore the delicate degrees from which
different viewpoints may be drawn .
Your consideration in this matter will be truly helpful and
appreciated .
Very best regards , �
�.���
�J . Michael Meissner, AIA
, JMM/nl
11 Salt Creek Lane, Hinsdale, IL 60521 708/323-8373 �
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VILLAGE OF OAK BROOK I�"nutes -6- ^ February 12, 1991
.
F. Liquor License Request - TravelincT Fare:
Tabled at the Regular Meeting of January 22, 1991.
Trustee Bushy moved, seconded by Trustee Rush to concur with the
Local Liquor Co�nissioner and authorize the issuance of a Class A-1
Liquor License to Traveling Fare, 1600 16th Street, the Oaks of Oak
Brook, for retailing of prepared foods, shelf goods and catering
services. Voice Vote: all ayes, no nays. Motion carried.
G. Report of Activities:
1. Finance & Library: Trustee Bartecki - The proposed Library
expansion was discussed at the Co�nittee-of-the-Whole Meeting of
February 11, 1991.
2. PubZic Safety: Trustee Bushy - The Oak Brook Fire Department
gave assistance to the Hinsdale Fire Department for the Elliston
Funeral Home fire and the Downers Grove Fire Department for a
major apartment fire.
� 3. Public Works & Personnel: Trustee Rush - Marino Construction
will co�plete all non-restoration items by b'ebruary 8th for the
Reservair B project with total completion of project by May l,
1991.
The I1linois Department of Conservation notified the Village
� they would not provide screen planting aiong the East-West
Tollway in Brook Forest. A meeting will be held again with
Senator Topinka, the Department of Conservation and the
ir�terested parties regarding this proposal. �
The Interstate 294 proposed sound barriers for the Village wi11
be presented to the Board at the April Cot�nittee-of-the-Whole
meeting.
Mr. Thomas Hawk was introduced as the new Code Enfarcement
officer for the Village of Oak Brook.
4. Sports Core: Trustee Maher - Absent.
5. Stormwater Manaqement: Trustee Payovich - The Stormwater
Committee announced the second phase of the Elmhurst Quarry will
fulfill the requirements for the 1987 flood and predicts less
construction cost for said project.
6. Zoninq & PlanninQ: Treistee Winters - No report.
VI. NEW BUSINESS:
A. Recorc¢nendation - Petska - Side Yard Variation {55 Meadowoad) :
Application has been made for a Side Yard Variation for expansion of
an existing 1 1/2 car garage to a two-car garage encroaching
approximately 6 feet into the 12 foot required side yard.
VILLAGE OF OAK BROOK Minutes -6- February 12, 1991
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'�ILLAGE OF OAK BROOI�linutes -7- � February 12, 1991
.
The Zoning Board of Appeals, at its meeting of January 15, 1991,
recommended approval of the requested 6-foot encroachment into the
12-foot required side yard based on the findings of fact as stated
in letter of January 17, 1991 from Chairman Savino.
, Trustee Winters moved, seconded by Trustee Bartecki to direct the
Village Attorney to prepare the necessary documentation to provide
for a Side Yard Variation that would allow a setback of 6 feet into
the side yard for a proposed garage. Voice Vote: all ayes except
Trustees Bartecki, Bushy and President Cerne voting nay. Motion
failed. �
Trustee Rush moved, seconded by Trustee Winters to table the
requested Side Yard Variation to the next Regular Meeting of the
Village Board. Voice Vote: all ayes, no nays. Motion carried.
B. Approval of Sports Core Borrowin F�nds from Corporate Fund and
Possible Surcharqe for Daily Go1f Fees:
Trustee Bartecki moved, seconded by Trustee Rush to ratify a loan to
the Sports Core �nd of $75,000 and to authorize an additional loan
of $75,000 from the General Corporate Fund to pay current operating
expenses conditioned upon the interest rate be equivalent to a
3-month Treasury Bill and to direct the Village Attorney to prepare
the necessary ordinance authorizing in addition to any green fee or
membership fee paid, a surcharge of $1.50 per round of golf played.
Roll Call Vote:
Ayes: 6-Trustees Bartecki, Bushy, Payovich, Rush, Winters and
President Cerne
Nays: 0-None
Absent: 1-Trustee Maher
Motion carried.
C. Heritage Oaks Unit 2 Subdivision - Reduction of Subdivision
Security:
Trustee Winters moved, seconded by Trustee Payovich to reduce the
Irrevocable Letter of Credit from the First Bank of Oak Park by the
amount of $81,9i5.00. Voice Vote: all ayes, no nays. Motion
carried.
U. Request from Dak Brook Historical Societv for Resolution of Su ort
for Mayslake Historic Site:
Consensus to direct the Village Attorney to prepare the necessary
resolution to support the efforts to explore the preservation and
compatible adaptive reuse of the Mayslake Historic Site, and
available funding from County, State and Federal governments and the
private sector without commitment of funding from the Village of Oak
Brook.
E. Request to Purchase Replacement Squad Cars Under State of Illinois
Bid:
Trustee Bushy moved, seconded by Trustee Bartecki to waive the
Formal bidding process and approve a purchase order to Miles
VILL�,GE OF OAK BROOK Minutes -7- February 12, 1991
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V I LLAG E O F OA K B ROO K
1200 OAK BROOK ROAD
OAK BROOK, 1LLINOIS 60521 -2255
708 990-3000
February 8, 1991
MEMO TO: Village Presi�ent & Board o= Trustees
SUBJECT: Pe�ska - Side Yard Variation
55 Meadowwood
The subject property is located in the Woodside Estates Subdivision in the R-3
zoning district whicn requires a 12' side yard. As indicated on the enclosed
site plan, the existing house is approximately 12�' from the northerly side
lot line. The current proposal is to increase the existing 1; car garage to a
two car garage, reducing the northerly side yard to approximately 6' .
The Zoning Board of Appeals at its January 15 meeting recommended approval of
the requested 6' encroachment ir.to the 12' required side yard on a vote of 5
to 0 with 1 member absent.
Testimony presented at the Zoning Board hearing indicated that the Village had
previously granted variations from the Village's side yard requirements in the
Woodside Estates area. A search of Village records indicates that the
followir.g two variations were previously granted by the Village:
1. 3 Meadowwood, May 10, 1988, Ordinance 5-635, 3Z' encroachment into the
12' side yard which created no greater encroach.*:lent than the existing
house.
2. 2� Palisades, August 27, 1968, Ordinance 5-169, 3' encroachment into the
12' side yard.
In the event the Village Board chooses to approve this variation, it would be
appropriate to direct the Village Attorney to draft the necessary ordinance
for review by the Village Board at .its February 26 meeting.
Respectfully submitted,
1*�t�� �� �
Stephen Berley �
Village Manaqer
�
Bruce F. Kapff
Assistant to Village Manager
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VI LLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
J�nu�t� i-t, 1991
708 990-3000
Villaye President & Board of Trustees
tIILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, IL 60521
Re: Petska - Side Yard Variation
55 Meadowood
Dear Mr. President & Board of Trustees:
The Zonin_q Board of Appeals, at its meetiug of Sanuary 15, 1991, considered
the applicant`s r�quest to permit construction of an addi.tion encroaching
approximately 6 feet into the required 12-foot wide side yard.
A motion was made by Member Cr�uch, seconded by Member Martinello, to
recommend appraval of Lhe requested side yard variation based on the fallowing
findings of fact:
Z. The subject property cannot yield a reasonable return if the variation
was denied.
2. The plight of the owner is due to unique circumstances i.ncluding the fact
chai: the existing one-car garage is inconsistent with houses in the area
which, for the most part, have two cars.
3. The variation, if granteci, would nat alter the essential character of the
neighbornoo�, but rather bring the property more in �ine witn existing
pro�,erties surrounding the Petska lot.
This motion was approved on a roll call vate of five ayes: Members Crouch,
Herman, Martinella, 5humate, and Chairman Savino; zero nays, and one member
absent, Member Kenny.
S� cerely,
Alfred P. Sa ino
Chairman
Zona.ng Board of Appeals
sps
cc: Mr. � Mrs. A. Petska
55 Meadowood ` -'
Oak Brook, IL 60521 ' r`
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VILLAGE OF OAR BROOR
ZONING BOARD OF APPEALS MINUTES
JANUARY 15, 1991
I. CALL MEETZNG TO ORDER �
The meeting was called to order at 7:40 p.m. by the Chairman. �
MEMBERS PRESENT: Members Claybourne A. Crouch
Elaine D. Herman .
Roy G. Martinello
Mack H. Shumate (arr. 7:45 p.m. )
Chairman Alfred P. Savino
MEMBER ABSENT: Member William E. Renny
ALSO PRESENT: Village Trustee, H. Richard Winters
Asst. to Village Mgr. , Bruce F. Rapff
II. APPROVAL OF MINUTES
A motion was made by Member Martinello, seconded by Member Herman, to approve
the December 4 minutes as submitted and waive the reading thereof.
VOICE VOTE: All in favor. MOTION CARRIED . . .
III. PETSRA, SIDE YARD VARIATION - 55 MEADOWOOD
Michael Meissner, architect, presented this application for a 6' encroachment
into the existing 12' side yard for purposes of an addition which would
increase the existing garage from l� to 2 cars in size. Mr. Meissner submitted
a petition signed by property owners surrounding the Petska property
indicating support for the proposed variation.
A motion was made by Member Crouch, seconded by Member Martinello, to
recommend approval of the requested side yard variation based on the following
findings of fact:
1. The subject property cannot yield a reasonable return if the variation
was denied.
2. The plight of the owner is due to unique circumstances including the fact
that the existing one-car garage is inconsistent with houses in the area
which, for the most part, have two cars.
3. The variation, if granted, would not alter the essential character of the
neighborhood, but rather bring the property more in line with existing
properties surrounding the Petska lot.
ZONING BOARD OF APPEALS Minutes - 1 - January 15, 1991 /O
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ROLL CALL VOTE: Ayes: (5)
Members Crouch, Herman,
Martinello, Shumate, and
Chairman Savino
Nays: (0)
Absent: (1)
Member Kenny
MOTION CARRIED ...
IV. ADJOURNMENT
A motion was made by Member Fierman, seconded by Member Martinello, to adjourn
the meeting.
VOICE VOTE: All in favor. MOTION CARRIED . . .
The Chairman adjourned this Regular Meeting of the Zoning Board of Appeals at
8:45 p.m.
Respectfully submitted,
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Bruce F. Kapff, Secreta y
Zoning Board of Appeals
Approved
ZONING BOARD OF APPEALS Minutes - 2 - January 15, 1991
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� JAN 1 5 1991
PETSKA VARIATION Y���AG� �� ppK �RnOtt, (L.
55 Meadowood Drive -
oak 8rook, I� 60521 ADMINI�TRATIGN
We the undersigned residents & neighbors of Alex and Maria
Petska, 55 Meadowood Drive, Oak Brook, have had adequate
opportunity to review, question, or comment on the pr�posed
variation before the Village of Oak Brook Zoning Board of
Appeals. We not only do not obiect to the request based on the
Petska's need, but are in favor and urge the Village to grant
the variation as requested.
NAME DDRESS
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PETSKA VARIATION VILI,AGE R� d�� BR4�+ ��"
55 Meadowood Drive ADMINl�TRA'i'��N -
Oak Brook, IL 60521
We the undersigned residents 8� neighbors of Alex and Maria
Petska, 55 Meadowood Drive, Oak Brook, have had adequate
opportunity to review, question, or comment on the prnposed
variation before the Village of Oak Brook Zoning Board of
Appeals. We not only do not obiect to the request based on the
Petska' s need, but are in favor and urge the Village to grant
the variat,ion as requested.
NAME ADDRESS
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JAN 1 5 I991
PETSKA VARIaTION
55 Meadowood Drive y��,(,�q� p� GaK BftO�ff, (l., "
Oak Brook, IL 60521 ADMINI�TRA►TION
We the undersigned residents & neighbors of Alex and Maria
Petska, 55 Meadowood Drive, Oak Brook, have had adequate
opportunity to review, question, or comment on the p�.-�osed
variation before the Village of Oak Brook Zoning Board of
Appeals. We not only do not obiect to the request based on the
Petska's need, but are in favor and urge the Village to grant
the variation as requested.
NAME ADDRESS
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FCOUNt��
VI LLAGE OF OAK BROOK
1 200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
January 9, 1991 708 990-3000
MEMO TO: Zoning Board of Appeals
SUBJECT: Petska - Side Yard Variation
55 Meadowood
The subject property is located in the Floodside Estates Subdivision in the R-3
Zoning District which requires a 12 ' side yard. Referring to the enclosed
Site Plan, the existing house is approximately 122' from the northerly side
lot line. The current proposal is to add on to the existing garage with a mud
room directly behind the garaqe. This addition would reduce the side yard to
approximately 6' , thus requiring a Village-approved variation. The house is
presently vacant, and accordir.g to information supplied by neighbors, has been
vacant for perhaps a couple of years.
In reviewing this application as with other variations, the Zoning Board
should use the stanaards contained in Section XIII(G) , pp. 967-968 (copy
attached) .
Respectfully submitted,
rj�,Y.��/--� �%��i��--�{
Bruce F. Kapff
Assistant to Village Manager
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APPENDI%A—ZONIIVG 3ec.RIII
affice, department, board, b�eau or commis�on, or by
any person, firm or corporation having a freehold
interest, a possessory i�erest entitled to eaclusive
possession, a contractual interest which may become a
freehold iaterest, or any eaclusive possesaory i�erest
' applicable to the land or land and im�ovements
described in the application for a variation.
(3) Processing. An application for a variation shall be
filed with the V'illage Clerk who shall forward one
copy of such application to the Zomng Boazd of
Appeals for processing in accordance with applicable
Statutes of the State o� Illinois and one copy to the
Board of�ustees.
� (4) Standards:
(� The Zoning Board a� Appeals shall not recom-
mend a variation of the provisions of this
arc3inance as autharized in this aection nnless it
shall have made findings of fact based npon the
evidence presented to it on the following specific
isaues that: •
(1) The pzoperty in _question cannot yield a
reasonable rettan if permitted to be nsed only
under the conditions allowed by the reguia
tions governing the district in wlrich it is
located.
(2) The plight of the owner is dne to umque
circumstances.
(3) The variation, if granted, will not alter the
� essential character of the locaiity.
(b) For the p�poee a� anpplementing the above
standards, the �omng Board of Appeals, in
maldng the determination whether there are
practical difficulties or particulaz hardships, shall
also take into considezation the eatent to which
the following facts, favorable to the applicant,
have been established by the evidence tha�
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' 3e�%III OAK BROOK CODE
(1) The particular phyaical s�ronndings, shape,
� or topograp�rical conditions of the specific
property involved would bring a particolar
hards�rip npon the owner as distingniehed
firom a mere inconvenience if the strict letter
of the regnlation were to be c�ied out
(� The condition upon w�rich the petition for
variation is based would not be applicable
generally to the ather property within the
_same zoaing classification.
(3) The gra�ing of the variation will nat be
detrimental to the public welfare ar i��ious
to other p�operty or imp�ovements in the
neighborhood in which the pzoperty is lo-
cated.
(4) The proposed variation will not mnpair an
adeqnate snpply a� light and air to adj acent
P�Pert3►, ar snbstantially incsease the danger
a�fire, or otherwise endanger the pnblic safety
or snbstaatially diminish a� imP� P�P�3'
valnes within the npighborhood.
(� That the piupose of the variation is not b8sed
eaclnsively npon a desire to make more money
out of the property.
(6) That the alleged di�cnity a� hardslrip has
not been created by anq person preaentlp
having an interest in the property.
(c) The Zoiring Board a� Appeals may recommend
and the Board af 1�ustees may reqirire such
conditiona and reetrictions npon the premises
benefited by a va=iation as may be necessary to
comply with the standards set forth in t�his section
to rednce o� mimmize the injiaions effect of snch
v�ation upoa ather property in the neighbor-
hood, and to implement the general p�poae and
intent of tbis ordinance.
� (� Unauthorized Variations: The variation procedtae
� shall in no case be nsed to accomplish a reanit which
968
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PUBLISHER'S CERTIFICATE
THIS IS TO CERTIFY That the notice, a tnze copy of which is attached to this certificate,
was published in THE DOINGS once each week for . .t�v o . . . . weeks successively; that the
date of the first publication was the . . ,�9 t h . , . day of . D e c e m b e r _ A. D. 19 9�. . . . , and
that the date of the last publication was the . . .21 s t, , , , day of. D e c e,n b e r, A. D. 19 9 0 . . .
AND IT IS FURTHER CERTIFIED That THE DOINGS is a secular newspaper of general
circulation, published weekly in the Villages of Hinsdale, Clarendon Hills, Oak Brook, Bun
Ridge, Willowbrook and Cities of Darien and Oakbrook Tenace and circulated generally in the
Villages of Hinsdale,Clarendon Hills,Oak Brook,Bun Ridge,Willowbrook and Cities of Darien
and Oakbrook Terrace 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 situations,to wit;by Section S of"An Act to
revise the law in relation to notices," 1874,Feb. 13,R.S. 1874,p. 723, § 5,as amended 1959,Ju-
ly 17,Laws 1959,p. 1494, § 1;and is also a"newspaper"as defined by Section 1 of"An Act con-
cerning the publication of legal notices," 1909,June 8,Laws 1909,p. 288, § 1,as amended 1927,
June 29, Laws 1927, p. 603, § l,and as further amended 1945, April 12, Laws 1945, p. 1089, §
l, 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 yeaz prior to the �rst publication of the attached notice.
IN WITNESS WHEREOF, one of the co-publishers of said
THE DOINGS has affixed his hand and seal this
. . . . . . . . . . . 22nd . . . . . . . . . . . . dayOf . . . . . . .December . . . . . . . . . . . A.D. 19 90. . . .
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LEGAL NOTICE
VILLAGE OF OAK BPOOK
DU PAGE AND COOK COUNTIES,ILLINOIS • •
- ' NOT�E�PUBIIC HEARING .
NOTICE IS HEREBY GIVEN that a publ�hearing be(ore the
Zoning Board of Nppeals af the ynlage oT Oak Brook,DuPape . �
and Cook Countlea,�Illnois,will be held on January 15,1991 at /
7�0 p.m,in the Oak Brook VillaQe HaA,1200 Oak Brook Road, . - '`, • 1,�/1�✓x,��
Illinois.fa the puPpose d consMering the applicatiorc of Alex • • • • • • • • • • . J .
and Maria Petska fot a s(de yard variatlon as prov(ded under PUU�beI� • • • • • • •
Sectlon XIII(G)af the Zoning Ordinance d the Y�Ilage'of Oak G��
Brook IAirais.Ordinance G�.�art�ended.
A vatiation hom tl�e provision W 5ectbn VII(D}(�(b)to Perrr�
construction d an addftbn encroaching a�proximately 8 Jeet
!nro the required 12-toot wfde side yard le requested.
The PrapenY�Y�9��ally descrbed as 55 Meadawood
Orive, Oak Brook, Illinds, and ihe legal descriptbn is as "
fdlovra:
La 5 in Ywk Woodlands.betng a subdivisbn of part of
the Northwest OUarter of the SOutheast �uarter Of
Section 24,Township 39 North,Range 11 East d tlie
Third Principal Meridian,axordi�g to the palt thereof
. i DuP a e�Cait��f 12,1951.as Document No.633865,
�5. ag My.IL PermaneM Parcel No.06�24-400-
AI�persoiis'desldng to be heaM In support d or In opposkfon
to the proposed varfatio� or any provlslon thereoi.wlll be -
afforded an opportuNty to do so and may,submk their
atatements oralry a Io writlng or both.The hearing may be
' recessed to arrotl�r date if notke d time and place thereaf fs
�blky announced at the hearing or is ghren by neMrapaper
p�licaGon nat less than tNe(�dari Prio►to ffie date a the
tecessed heariny. -
_ . " ; : _: ,. ,,;unda Gonnena '
Pubished at�e dlrectbn d the Co�porffie AuUarltles�arM!he
Zanirq 8oard c{pppeab c(ihe Viltape of Oak Brook,DuPage �
and Cook CouMles.IlNnds. .
Pubbhed in The Doinga Dec.19.1990. ,
VILLAGE OF OAiC BROOK Minutes -g-
, . -^� •-�, December 11, 1990 .
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F. Referral: �
With no objections, Temporary Chairperson Payovich made the
following referral:
Petska - Side Yard Variation (55 Meadowood) -- Re�erred to
Zonir.g Board of Appeals Meeting of January 15, 1991.
G. Ratification of Termination of Polo and Stablinq Tract
Agreements:
TrLs�ee Maher moved, secor.ded by Trustee Bushy to ratify the
telephone poll relative to the ternination of the contract dated
Aprii 25, 1989 betweer. the Viilage of Oak Brook and the Oak
Brook Polo Company and the termir.ation of the Stabling Tract
Agree:nent dated .;une 11, 1985 with the Butler Company. Roll
Call Vote:
Ayes: 6-TrLstees Bartecki, Bushy, Maher, Payovich, Rush and
Winters
Nays: 0-None
Abseat: 1-President Cerne
Motion carried.
VIII. ADJOURh'ME�::
Trustea B;:shy moved, seconded by '�rustee Rush to adjourn the meeting
at 9:42 p.m. Voice Vote: all ayes, no nays. Motion carried.
ATTEST: '
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� inda K. Gonnella
Village Clerk
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qYpp oved asv mended
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VILLAGE OF OAiC BROOK Minutes -8- December 11, 1990
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VI LLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
December 19, 1990 708 990-3000
Dear Resident:
The Oak Brook Zoning Board of Appeals, and the Village Board will be
considering a:
_ Preliminary Plat _ Final Plat X Variation
_ Special Use _ Zoning Amendment
at the meetings as scheduled on the reverse side of this notice.
The application has been filed by: Alex and Maria Petska
Relationship of Applicant to Property: Owner
The property in question is situated at: 55 Meadowood Drive
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:
To permit construction of an addition encroaching approximately 6 feet
into the required 12-foot wide side yard is requested.
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,
/�f_�e�'�t'G�
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Bruce F. Kapff
Assistant to Village Manager
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A11 meetings ars 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,
I1linois.
Plan Commission Meeting . . . . . . . . . . . . . . 7:30 p.m. Monday N/A
Zoning Board of Appeals . . . . . . . . . . . . . . 7:30 p.m. Tuesday January 15, 1991
Board of Trustees Meeting . . . . . . . . . . . . 7:30 p.m. Tuesday February 12, 1991
MAP OF AREA
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V 1 L LAG E O F O A K � B R4 O K ZONING ORDINANCE FLOOD PLAIN
1200 OAK BROOK ROAD � Appeal Q Variation -
OAK BROOK, IL 60521 $100 $300
990-3000
X� Variation Q Special Use
$300 �675
APPLICATION FOR PiIBLIC I�ARING �
� Amendment
T�O BE FILSD i�TITB VII.LAGB CGEitR �650
' � Special Use
. �400 .
ALL APPLICATIONS MUST BE ACCOMPANIED BY PROPER FEE, PLAT OF SURVEY, AND 18 COPIES OF A
SCALE DRAWING, SHOWING ALL PERTINENT APPLICABLE INFORMATION; i.e. , PROPERTY LINES,
EXISTING BUILDINGS, LOCATION OF PROPOSED CONSTRUCTION, ANY BUILDINGS ON ADJACENT
PROPERTY WITHIN 100 FF.ET OF SUBJECT PROPERTY. '
DO NOT i�TRIT6 IN THIS SPAC6 -- F+OR OFFICB OS8 ONLY
Date Filed: 1 �-Z 6 - �� Board of Trustees Referral: /2-I/--90
Notice Published: /Z - ��-q� Newspaper: 1�0/ti6iS
Date Adjacent Property Owners Notified: /2-1`�-9� Staff Referral: !2-�-qD .
Public Hearing Dates: Plan Cot�nission: /L� Zoninq Board: /"/$-9/
Board of Trustees: 2-/Z-q/ Board of Trustees: �-Z 6-`�/
(Approval of Ordinance)
FER PAID: $���� Receipt No. ��d F Received By: ;�2 '�L��-�i
r ! �Y7'1 Oi ��r� ' � �
Village Clerk
APPLICANT T'0 DOMPLETE
LOCATION o6-z y-
OF SUBJECT PROPERTY: PERMANENT PARCEL NO. �-400.005
LOT NO. 5 SUBDIVISION: Woodside Estates ADDRESS: 55 MPadn�nn�t nri��a
ZONING: R3 ZONING ORDINANCE SECTION: VII C-1-B �
ACTION RE,�UESTED: Variation of side yard setback at north end of the existinQ structure
to 6' - 2" (from the required 12' - 0") to allow for 6' - 5 3/4" extension to the
existing garage. (6' - 0" to the end of the overhan�) __
PROPERTY INTEREST OF APPLICANT: OWNER XQ CONTRACT PURCHASER � AGENT -Q -
OWNER(S) OF RECORD Alex & Maria Petska PHONE N0. 708-655-3780
ADDRESS 217 Bridle Path Circle, Oak Brook, IL 60521 ZIP 60521
BENEFICIARY(IESj OF TRUST PHONE NO.
ADDRESS ZIP
NAME OF APPLICANT S�i7� PHONE NO.
ADDRESS Z1P
I (we) certify fihat all of the above statements_and the �tai-ements contained in any
papers or pla�s submitted h�rewith are true to the best of my (our) knowledge and
belief. - •
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'ignature) Applicant Date (Signature) Applicant Date .
���%�
NOTICE TJ APPLICANTS
Filinq Schedule - Available on Request
A Variation is a zoning adjustment which permits minor changes of district requirements
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 inherp�t 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 properties
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 application of� the Zoninq
Ordinance. Where hardship conditions extend to other properties, a Variation cannot be
granted. The remedy for general hardship is a change of the map or the text of the
Zoninq Ordinance.
2. You must prove that the combinr�tion of the Zoning Ordinance and the uncommon
conditions of your property Frevents you from makinq any reasonable use of your land as
permitted by yoiir present zoning district. Since zoning regulates land and not people,
the following conditions cannot be considered pertinent to the application for a
Variation: (1) proof that a Variation would increase the financial return from the
land, (2) personal hardship, (3) self-imposed hardship. In the last case, the
recognition of conditions created after the enactment of the Zoninq Ordinance would
encourage and condone violation of the law.
3. No Variation tnay be granted which would adversely affect surrounding property ar the
general neighborhood. All Variations must be in harmony with the intent and purposes of
the Zoning Ordinance.
Names of Surrounding Property Owners
Following are the naiues and addresses of surrounding property owners from the property
in_saue�tion__f.or a di.Rt.ar�o cF 25^ �,.;.��.'�i�-Fiyr' yl1�v�.11J110� �:r,; �..G ,.uwi,�r oi ieet
occupied by all public xoads, 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.
NAI�. ADDRESS
Bozovich, DoBrosav 06-24-400-002 2 Woodridge Dr.
York State Bank Trust �� 447 06-24-400-003 536 S. York St. , Elmhurst, IL 60126
Nichol, Barbara J. 06-24-400-004 4 Woodridge Dr.
Maxon, Ralph E. 06-24-400-006 6 Woodridge Dr. �
Hatter, Clemens A. 06-24-401-003 10 Woodridge Dr.
Batendorf, Robert W. 06-24-401-004 9 Woodrid�e Dr.
Tomber�s, John 0. 06-24-401-005 8 Woodrid�e Dr.
McCall, David F. & Marie 06-24-401-006 7 Woodridge Dr.
Flippenger, Elmer 06-24-203-008 1721 York P.d.
Flippenger, Elmer 06-24-203-009 1721 York R3. .
Flippenger, Elmer 06-24-203-010 1721 York Rd.
Beto, Steven R. 06-24-203-014 3 Meadowood Dr.
Manders, T. & Stephens, D. 06-24-203-015 2 Meadowood Dr. �
Morganti R.F. & I.R. 06=24-20:i-016 1 Meadowood Dr.
Philli_ps'; Thomas & Joanne 06-24-206-020 - 29 Hickory Dr. "
Marino Joshph 06-24-206-021 30 Meadowood� Dr. �a
� �
� ��eo i i ''�tf7 g' at, '`` a��.�'+-o�n
BANK RECEIPT `
TRANSIT 3 CHECKS 8 CASN DATE NAME DESCRIPTION RECEIVE
NO. NUMBER
BY:
*
INVAUD
� E � VI LLAGE OF OAK BROOK SGINAT�UR
• 1200 OAK BROOK ROAD 71OH4
� —
; OAK BROOK, ILLINOIS
� u PHONE: 1312) 990-3000
RETAIN THIS RECEIPT ��
FOR YOUR RECORDS Z10�
SAFEGUARD BUSINESS SVSTEMS
ALEX R. PETSKA
" MARIA PETSKA 317 8
217 BRIDLE PATH CIACLE
OAK BROOK, IL 80521 /� � � /� .
�i— 718
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oR�0 1 ;:�� ��/z �✓� $ 3 c� �. �
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� BANK OF HINSDALE
SubsidWry of lake Shore�ancorp
r00 E O{den/wenue Hinsd�k IlGnps 00�71 /
P�R
�:0 7 190B8 L 4i: �i' LO 6 7 5008��• -
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