S-714 - 06/11/1991 - VARIATION - Ordinances ORDINANCE S- 714
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 REQUIREMENTS
(3617 Madison Street)
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 construction of an addition encroaching approximately 4' 8"
into the required 18' side yard on the south side of the subject property; and
WHEREAS, a public hearing on such application has been conducted by the
Zoning Board of Appeals on March 5, 1991 pursuant to due and appropriate legal
notice; and
WHEREAS, a recommendation was made by the Zoning Board of Appeals to deny
the variation requested; and
WHEREAS, the corporate authorities have reviewed the recommendation and
findings made by the Zoning Board of Appeals and deem the granting of the
variation requested to be appropriate and in the best interests of the public
healthy, safety and welfare;
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 4' 8" into the
southerly side yard provided that the addition is constructed in substantial
conformity with the Site Plan dated as received January 21, 1991, a copy of
which is attached hereto, labelled Exhibit "A" and hereby made a part hereof.
Section 3: That this ordinance is limited and restricted to property
commonly known as 3617 Madison Street, Oak Brook, IL 60521, which property is
legally described as:
The North 93.00 feet of the South 1584.00 feet of the West 379.50
feet of the Southwest Quarter of Section 36, Township 39 North,
Range 11, East of the Third Principal Meridian, in DuPage County,
Illinois. Permanent Parcel#06-36-300-010.
Ordinance S- 714
Granting a Side Yard Variation
3617 Madison Street
Page 2
Section 4: That this ordinance shall be in full force and effect from
and after passage and approval pursuant to law.
PASSED THIS 11th day of June , 1991.
Ayes: Trustees Krafthefer, Payovich, Winters and President Bushy
Nays: None
Absent: Trustees Bartecki, Shumate and Skinner
Abstain: None
APPROVED THIS 11th day of June , 1991.
Village President
ATTEST:
Village Clerk
Approved as to Form:
Villag Attorney
Published
Date Paper
Not Published XX
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STATE OF ILLINOIS )
- Y )SS.
COUNTIES OF COOK � DU PAGE)
I � Linda Gonnella , do hereby certify that I
�
am the duly qualified and acting Village Clerk of the Village of �,,,i^;;m
Oak Brook, DuPage and Cook Counties , Illinois . °
t,�:.�
I DO FURTHER CERTIFY that the annexed document is a ��
��
- true and correct copy of URDINANCE N0. S-714 AN ORDINANCE GRANTING V�
1"�,,,�
e�
A VARIATION FROM THE PROVISIONS OF SECTION VII(D) (S) (b) OF THE ZONING
ORDINANCE OF THE VILLAGE OF OAK BROK RELATIVE TO �IDE YARD REQUIREMENTS
(3617 Madison Street)
I DO FURTHER CERTIFY that the original document , of
which the annexed copy is a true copy, is entrusted to my care for
safekeeping and I am the keeper of the same .
I DO FURTHER CERTIFY that I am the keeper of the re-
cords , Journals , entries , resolutions , ordinances , and documents
of the said Village of Oak Brook, DuPage and Cook Counties , Illinois .
IN WITNESS WHEREOF , I have hereunto set my hand and
affixed the corporate seal of the Village of Oak Brook this 13th
day o f .7une , 19 91 .
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����Q��/7 fz y V111 � Cler o t e illage o
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(� /�- � R G� BF ��� ��ODK Oak Brook, DuPage � Cook Counties ,
Illinois .
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VI LLAGE OF OAK BIZOOK
1 200 OAK BROOK ROAD
OAK BROOK, 1LLINOIS 60521 -2255
708 990-3000
May 10, 1991
, MEMO T0: President d Board of Trustees
FROM: Tom Haw
SUBJECT: Control of Bulk
I have reviewed the Conrol of Bulk section of the Zoning Ordinance with John
Brechin, Bruce Kapff, and Marianne Lakosil. To their knowledge, this section
has not been used for either a new home or an addition to an existing home
since its inclusion in the Zoning Ordinance approximately ten years ago.
Marianne indicated that prior to the adoption of this provision, the same
type of relief was granted administratively for both existing homes and for
new homes.
The application of this section would be helpful in dealing with the following
situations:
A) An existing home which was built under County side yard requirements
which are smaller than Oak Brook's and where the lot is smaller than
the requirements of the Zoning District which has been applied to it.
The DeCanio petition is a good example of this.
B) An existing home built with smaller side yards than Oak Brook permits
but where the lot size meets our zoning district requirements. The
Hahn petition vhich will be coming to you for consideration on May 28,
1991 is a good example of this type of problem. .
C) A vacant lot which meets the area requirements of its zoning district
but where the adjacent homes in the subdivision were built with
lesser yard requirements.
The ordinance, in order to be clear and effectively administered, should be
amended to specifically include how and when it is to be used.
In addition to the problems generated when additions or enlargements are desired,
the existing homes in the cases above are considered to be non-conforming
structures. This situation can lead to title problems, problems with the sale
of these properties and possible negative effects on market value.
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VI L• LAGE OF C>AK BROOK
1 200 OAK BR �� OK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990-3000
� May l:, 1991
Mr. and Mrs. Anthony DiCanio
3617 Madison .
Oak Brook, IL 60521
Re: Side yard variation request
Dear Mr. and Mrs. DiCanio:
The Board of Trustees at their regular meeting of April 23, 1991
tabled consideration of your variation request until their �meeting
of May 14, 1991..
I have discussed your situation with� your attorney and have advised
him that I think it would be in your interest to continue pursuing
this petition at least to the point of getting the decision of the
Board of Trustees.
' Please feel free to call me if I may be of any help and also to let •
� me know what your wishes are.
Sinc y,
homas R. Hawk
Director of Code Enforcement
TRH:mgc
cc: Ron Shadle
� a7
VILLAGE OF OAK BROOK M��es -6- � April 23, 1991
VI. QUARTERLY REPORTS:
A. Ambulance F. Library
B. Engineering Department G. Planning & Zoning
C. Fire Department H. Police Department
D. Inspection Bureau I. Public Works
E. Legal Department J. Sports Core
Al1 department reports were discussed and accepted.
VII. NEW BUSINESS:
A. Recommendation - DiCanio - Side Yard Variation (3617 Madison) :
Requested variation is for a reduction in the south side yard to
approximately 13.25 feet instead of the required 18 feet to permit
the construction of a room addition.
The Zoning Board of Appeals, at its meeting of April 2, 1991,
recommended denial of the requested variation.
Trustee Winters moved, seconded by Trustee Bartecki to continue
this application to the next Regular Meeting due to the absence of
the applicant. Voice Vote: all ayes, no nays. Motion carried.
B. Request for Grant of Addition Public Utility Easement - Lot 22 -
Aeritage Oaks Unit 2:
During the review of the Heritage Oaks Unit 2 Subdivision Plat,
underground utilities were proposed to be constructed along the
south line of Lot 22. The plat which was reviewed by staff
contained a twenty (20' ) foot wide public utility easement
adjacent to the south line of Lot 22 to cover these proposed
underground installations. However, prior to the recording of the
plat, the developer's surveyor reduced the size of the easement
from twenty (20' ) feet to ten (10' ) feet. This revision was
accomplished without notification to the Village.
Trustee Winters moved, seconded by Trustee Bushy to accept the
Grant of Easement for an additional ten (10' ) feet of public
utility easement near the south line of Lot 22 in Heritage Oaks
Unit 2. Roll Call Vote:
Ayes: 6-Trustees Bartecki, Bushy, Maher, Rush, Winters and
President Cerne
Nays: 0-None
Absent: 1-Trustee Payovich
Motion carried.
C. Request to Approve DuPage County Children's Center
Intergovernmental Agreement:
In November, 1986, the Village Board approved and executed an
Intergovernmental Agreement with the DuPage County Children's
Sexual Abuse Center.
VILLAGE OF OAK BROOK Minutes -6- April 23, 1991
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COUNt�'
VI LLAGE OF OAK BROOK
1 200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
April 16, 1991 708 990-3000
MEMO T0: President and Board of Trustees
FROM: Stephen Berley, Village Manager
Tom Hawk, Director of Code Enforcement
SUJBECT: DiCanio - Side Yard Variation - 3617 Madison
This property is located on the east side of Madison Street in the Fullersburg
Woods Subdivision. The original home was built under DuPage County regulations,
with 10 ft. minimum side yards. The lot is 93 feet wide as compared to the
R-2 Zoning District requirement of 150 ft.
This request is part of a planned major renovation and increase in size of the
home. Side yard variations were granted last year (see Ord. S-683 in this
packet) . However, further changes in the plans have caused the need for this
request.
The petitioners are requesting a reduction in the south side yard to approximately
13.25 feet instead of the required 18 feet to permit the construction of a room
addition (family room) .
The Zoning Board of Appeals at their regular meeting of April 2, 1991 voted .
by 4 to 1 to recommend denial of this request.
At Trustee Winters request, the following are attached:
�1. Side Yard variation su�ary
2. Section V(B) - Control of Bulk - excerpted from the Zoning Ordinance.
If it is your wish to consider approval of this request, it would be appropriate
to have Attorney Brechin draft the required ordinance.
Respectfully submitted,
� ����.
Stephen Berley
Vi Manag
� omas R. Haw
TRH/11 Director of Code Enforcement �
cc: Mr. and Mrs. DiCanio
��
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� OAK BROOK
SIDE YARD VARIATION SUMMARY
Bd of Trust.
Address Subdivision Zoning Filing Date Action / Date
------- ----------- ------ ----------- -------------
25 Glendale R-2 7/11/8� App S-655
407 Glendale R-2 3/23/90�" No Action
607 Harger • R-3 8/26/75 App 5-336
3323 Heritage R-2 3/04/88� App S-636
4 Pine Hill R-2 7/14/86 App S-598
3814 Washington R-2 2/10/88� App 5-638
25 Camelot Brook Forest R-4 6/23/70 App S-205
21 Devonshire Brook Forest R-3 7/28/70 App 5-207
35 Devonshire Brook Forest R-3 7/24/73 App 5-282
19 Kimberley Brook Forest R-3 5/28/74 App S-303
4014 Adams Fullersburg R-2 11/23/71 App 5-244
4 Cheval Fullersburg R-2 12/16/80 App 5-462
12 Luthin Fullersburg R-2 5/28/74 App 5-304
3500 Madison Fullersburg R-2 1/11/77 App G-204
3500 Madison Fullersburg R-2 12/10/74 Denied
3617 Madison Fullersburg R-2 1/21/91.r
3617 Madison Fu�llersburg R-2 11/08/89�"" App S-683
3625 Madison Fullersburg R-2 12/16/80 App 5-463
3625 Madison Fullersburg R-2 7/27/71 App S-232
3700 Madison Fullersburg R-2 10/08/74 Denied
3708 Madison Fullersburg R-2 8/03/65 ZBA
3723 Madison Fullersburg R-2 5/23/67 App S-131
3725 Madison Fullersburg R-2 6/22/76 App G-192
36010 Madison Fullersburg R-2 5/04/65 ZBA
1 Robin Hood Fullersburg R-2 10/22/74 App 5-320
7 Robin Hood Fullersburg . R-2 9/24/85 App S-568
Spring Rd Fullersburg R-2 10/05/65 ZBA
3502 Spring Rd Fullersburg R-2 9/06/88 Denied
3515 Spring Rd Fullersburg R-2 2/14/90�^ App S-691
3940 Spring Rd Fullersburg R-2 1/28/69 App S-176
3814 Washington Fullersburg R-2 7/25/72 App S-256
617 Wood Fullersburg R-2 7/26/77 App 5-383
3109 York Rd Fullersburg R-2 2/10/81� App S-469
3312 York Rd Fullersburg R-2 8/24/76 App G-202
3515 York Rd Fullersburg R-2 11/27/79 App 5-442
3619 York Rd Fullersburg R-2 10/09/79 App 5-440
11 Baybrook Ginger Creek R-2 12/14/82 Denied
117 Indian Trail Hunter Trails R-2 2/10/81 Denied
302 Hambletonian Saddle Brook R-4 Denied
327 Hambletonian Saddle Brook R-4 2/16/87 App S-608
240 Forest Trail Timber Trails R-3 8/11/87 Withdrawn
459 Forest Trail Timber Trails R-3 4/25/88'" App 5-654
66 Greenleaf Dr Timber Trails R-3 1/18/91�'
183 Timber Trail Timber Trails R-3 6/15/90" Withdrawn
72 Timber View Timber Trails R-4 5/24/77 App 5-374
170 Timber View Timber Trails R-4 � 9/15/87 App 5-623
323 Walnut Timber Trails R-4 . 5/24/83 App 5-503
3115 Meyers Rd West Oak Brook R-3 4/23/68 App S-158
3004 Lincoln Westchester R-3 1/08/74 App S-294
3016 Lincoln Westchester ' R-3 12/03/87 Denied
3 Meadowood Woodside Estates R-3 2/17/88--• App 5-635
55 Meadowood Woodside Estates R-3 11/26/90..- App
, 20. Palisade Woodside Estates R-3 8/27/68 App 5-169
1 Windsor Dr York Woods R-3 11/15/89�"" Withdrawn
10 Yorkshire Wood Yorkshire R-3 6/29/90 /• No Action
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, �e�w, Sec. V OAK BROOK CODE ;
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' � a,�a`�t , be not more than aix mont after such effective ; .-
,` t�'�� date an � being prose ed to completion, eaid - �� `
# � '* ` �"� atructure may
ted in accordance with auch
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t building permit a ma occupied upon completion
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„ ' 'k z under a certi ate of occupancy he use originally
' ,'�� � designat , subject to the provisions of e ' �II af �
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` 3 ° ` p�� '�` �` -' (B) Control Over Bulk. �
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" " ' � � � (1) New structures ahall conform with the bulk regula-
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, � rY tions established by t}us ordinance for the district in
` ,�- � which each such structure is located. Exieting
_`� F s�ructures ehall not be enlarged, reconatructed, atruc- "
�., �
; `.' a turally altered, converted, or relocated in auch a
- ;, Y : • manner na to conflict with the bulk regulations of thia
� '� , ; ordinance for the district in which auch structures are
-.� b -- located. "
1 � �
�; (2) A build�ble lot of record in a residence district at the ,
` � ' � �r effective date of thia ordinance which is unable to :
�f•; ;s � meet the requirements of this ordinance as to area,
` ,�':" , .� � '' width, or aide yard may be uaed for a singl�family
� ' `` detached dwelling, provided it shall meet all the other
1 ;-� )4^ � . .
t f ` ,f requirements of this ordinance with the following
, �
, `: �' �- additional requirements: �.
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t r u.-.. ti i,,,� (a) The applicant ahall furniah, with the application , �; ,
a,r . ,
;, U- � � for a building permit, a survey by a duly licenaed
t .. ,7' � - . . . _
t � ;;� �; . �:` land surveyor, ahowing the lot upon which the .
`� �r �. ; applicant proposed to erect a aingle�family '
1!! {� , ., � . �
, � ? detached dwelling and also ahowing the lots on '
`"` � either side of the said lot with all improvementa �' -
` r` � thereon and widtha of the adjoining side yards , . -
5 ;;' x _ and any projectione of structurea therein duly
�;' ,�; � plotted on said survey.
� (b) The applicant ahall furniah an affidavit on the �
.� � ' , .
„,;" y iollowing form by the owner of record of the lot
� '� ;;:� � described in the application for a building permit.
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. ; APPENll1X A—ZONIN(: Sec.V '
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'� "�- �� STATE OF ) ` �
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` APPLICANT'S AFFIDAVIT FOR j
' VAftIATION OF LOT AREA �
. Dated [ ,,:
- cY. At f '�; .
� TO: Building lnepector I ': '�.
{:� .. Village of Oak Brook � -
�,: ��
�� �
,? ;3 � beinq firet duly aworn on (his, her, theirj
' oath(s), depoee(s)and etate(e)us followe: `
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. 1. That the title holder of record of the premiees commonly `
� • known ae Oak Brook, Illinoie, and legally
" # deecribed ne followe:
. � �
r..-� ' 19 ,, , . � � .
V'' ` . (Name ot'Ititle }iolder) •
_ havinR acquired title on ___, 19_and have held title
Conti7lu0usly BiIICB eRld tlaf,CMon�h Yeer
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2. (To be nnewered only iC title holder of record ia a corpora- �
' tion or a trustJ (Strike out portione that are not applicable.) • �-' �
. } , � '
Corporation: , � • :
� ' Thnt your affiant is the(Preaident,Vice-President,Secr� '
{' � . tary, 'Il�eoAurer) of the tit(e holder of record and hae full
knowledge of the facte set forth in thie affidavit and ie
authorized to make thie atfidavit. • 3
,; Truat: . . .
� That your uffiant hoide a beneficinl interest in and to ' • '
` the nforeenid truat, hee full knowledge of the facte �'
r' • herein aet forth and has full authority to make thie � �
t -
,�' . . affidavit. . ,
� 3. Thc►t nn application hae been or will be filed for a building
_ ' permit to erect a building or etructure upon the land above _
legaily deecribed.
,:.; :
4. That neither the applicnnt nor any of hie predeceeaore in � � .
title have owned any right, title or intereat, direcily or in-
� ; directly, or by any peraon, firm, corporation or truet, or by � -
, -� "�: , � , any officer, ehareholder, director,pnrtner,beneficiary, agent ` , �
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• �' ' Sec. V OAK BKOOK COI)E I
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.,w �4 or immedic�te relntive thereof who niso holde any right, title
t� � or inLcreRt direclly or indirectly,in or to either one or both of
t: � the contiguoue lol(A) wilhin n period of ten ycar� prior to the
✓wi `` dnte of the e�pplicntion for u buildinR permit or Certificate ' ; . ,
' .'•�� ' Cor F3uildable Site ae to 'I.oninq,except:
, ; ,r _
, t;� 5. Thnt the followinQ �re the facta exietinQ as to the lote ad- ..
� y�, n'.•,
�-' f' jvininR nnd contiKuuus on either eide of thc lnnd ne de-
i; �{ ncribed in ParaKrnph I: �
f t . -
k; 4� I
r �i. Thi�l neither t�djoininK nnd contiKuuue lol ie viicant�nd ;
' , :�+'�. � , ` unimproved,except: ---.----- ---
n f T ± }a -- I� � .
' � ` r� -- ---------- ---- -
t ���� 4 f f � . .
, � a � ;� or
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` r .�,�, y�i`�� b. Tht�t neither i�djoininK nnd contiKunue Ic�t hpe land in �
,` , ; �; s� nddition to ite reyuired aide lola under the Oak I3rook
r ' t . � .�� � 'l,oning Ordinnnce lhal could be added lo the afor�
,,�y� -� f��,� �� � dedcribed I��l, lhereby �dding to the amount of land , � - ;� - � �
r . r�;: �.3 avuilable for the subject lot,except: '`•
� � �
:.
,.{� ----
. +: = a -_ _ '
�r ,��' i und exid ndditiunal Innd cc�uld not be ucquired be-
rr -u'� ����i CRUBC: '--- ' . .. .
' t,
1 �� �. .. _.________—_'__'_'___ _'—__ ' . . . .
' j� ' ' 6. '['hnt thiA nffidnvit ie given ta induce the ViIInRe o( Oak
, � ' F3rook lo iesue a (buildin{{ perTnit or Certificete oC [3uildable
� ; ; .� Site nn u� %oninQ) for lhe nbove described premieee. ;
• �
=�%��� 7. Furlher your nffinnt eayelh not,except:
` � � -
r SUBSCRIBEU ANU SWOKN
�; ---
� To before me lhie .
' ( day of ------� 197__. f
�; u
t ,r ;;r t:; —
� ' ;�. �� — — --
} ;� . 4� �"� Notazy Public ; ,
T � (c) The Building Inepector ehall isaue a permit for i
� } ��-;� � z erecting a aingle�family detached dwelling on the
� `' aubject lot upon compliance with all of the '
�, i
, � �- ,"�, �;." .` foregoing provisions and all other applicable ''
' = F ' proviaions of this ordinance, with each required
�� t:� '
��' side yard reduced to not lesa than ten percent of °
.: _
. � .' i
� ;� '. : the width of the lot, if all of the following
�. ��' ' ; requirements are met: '
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': �
' ;1� � �' ;� - � 1. The eubject lot:
. � YZ : . �. . .. -
s � i
` , ra '� ' ' a. is not adjoining and contiguoua to a � ~ , '
� `� � � vacant lot on either side held under t '
' ` �F i common ownership at any time after the i
:t � . >.�
�• <F� � ; year 1966; or ' . .. ,,.;
`"r S �t�.�` .;�� . . .'� .
, -�.��'�, - ' b. is not contiguous to an improved lot of
� � a J�� j �; record which has one foot or more of an � �
#;�';�� ' adjoining side yard in excess of the � •
� ��;�. minimum required side yard for the � �
� district in which the building or structure �
� �• i q,1+� � �- . � ... .
' ` ' �+'�' �` �` is located which additional side ard land
$: ,,} Y ,; .
k''` t could phyaically be added to the appli-
+' ; r�,�>� �
�; �� cant s lot to increase its width or area; or -
,
: � ' that the owners' of the adj oining lots "�
� ' ' � {�' � refuse to sell any portion of land that
' ` j�;'�, ' �•' could be added to the applicant's lot to
; x- r�, ? increase the width thereof without reduo- �
'� % ` � � • ing the required side yarda of the adjoin-
' � :� ; :; ; '�" ing lota and which additional land the
3� � � , andlicant would be willing to purchase;
,
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c. is not owned and has not been owned
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t �'�` �' by an officer, shareholder, director, part-
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�i ;`x� ` by blood or marriage or by any pred� `
k ` �� t "'� cessors in title who also held or holda any � � ,;; � •'� �;��'
r s� . r�
` ' right, title, or interest in or to either one or o .
,. �, i�s ���' '
' ' �_;; �.�, both of the contiguous lots after the year �
� '� 1966 to the date of application for a
- ,;c � . .
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� �• � � �. �
� , " 2. The contiguous lots are not owned and have �
.:', � �� ` not been owned directly or indirectly or by a
;+_ ' � nominee of any person, firm, corporation, or
` ` '� " trust, or by any officer, shareholder, director, �
#+ { : '� partner, beneficary, agent, or peraon related .
3;T_ �- by blood or marriage or by any predeceasora
' � � � � Supp. No.6 in title, who also held or holds any right, title,
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- ��s ' � applicant's lot after the year 1966 to the date
� .r ,
1,; ,�,� ,.: , .� of the application for a building permit. , i ; :
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� z.� 3. T h e s u b j e c t l o t w a s not used as part of a i Y .-
_,�,�� : - single or common homeaite by or with the � '
` ; conaent of the same interesta which owned or
� :� ' w'f` :; controlled an adjoining lot after the year 1966 �
�
�r '; to the date of application for a building •
. ar��. :
�> � �-�� � , permit.
.�',�, � �:
i > � `�, �' ' � r (d) In the event that the owner is unable to meet all
�. ,
# ��� ��� of the aforesaid additional requiremente for a
� .• .: �.,� . �
' j �,` �"` ? building permit, or in the event that the owner �
: x �.. ;
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Y,:� ;; 1L , ..�� either desires to sell or to buy from the ownera of a 5:-
; ,.�; contiguous lot or lota who also desire to either aell - `.
" k or buy, but the parties are unable to agree on a '
_{ � ; �' + price, then the Zoning Board of Appeal8 may in � ,
s; .t
"- �� . ita discretion recommend, and the Preaident and �
't- � Board of 1�usteea may in their diecretion grant .
;Y,� ' -' . auch relief in accordance with the procedurea as j .
S"> > .`- . ' � set forth in thie ordinance as deemed appropriate. !
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A motion was made by Member Crouch, seconded by Member Herman to recommend
denial based on the following findings:
1. that there was no real hardship established
2. that there were alternative solutions which were acceptable and within
the framework of the Zoning Ordinance
3. that to approve .a variation based on the submitted facts would set a
potentially dangerous precedent.
This motion passed by a vote of 3 to 2 as follows:
ROLL CALL VOTE: Ayes: (3)
Members Crouch, Herman,
� Chairman Savino
Nays: (2)
� riembers Shumate, Kenny
� IV. DiCANIO, SIDE YARD VARIATION - 3617 Madison
The petitioners, Mr. and Mrs. DiCanio, along with Mr. Ronald Shadle, were present.
�1r. Shadle made presentation of their petition which is to permit a reduction
of the south side yard to approximately 13'3" instead of the required 18' to
allow the increase in the size of the proposed family room.
A p�reviously granted variation permits a side yard reduction of 7" for the
proposed addition without the increase in size of the family room.
After considerable discussion, the petitioners requested that there request be
tabled until the next meeting to allow them to seek additional information
and/or testimony from their architect and builder.
There was no public testimony to this point.
A motion was made by Member Kenny, seconded by Member Crouch, that this petition
be tabled until the April 2, 1991 meeting.
ROLL CALL VOTE: Ayes: (5)
Members Crouch, Kenny,
Herman, Shumate,
Chairman Savino
V. ADJOURI�MENT
A motion for adjournment was made and seconded. '
VOICE VOTE: All in favor.
The Chairman adjourned this regular meeting of the Zoning Board of Appeals at
9:20 p.m.
Respectfully submitted,
�
homas R. Hawk, Secretary
Zoning, Board of Appeals
Apri1 2, 1991
Approved
ZONI�G BOARD OF APPEALS Minutes -2- March 5, 1991
\-:.
� ''1
VILLAGE OF OAK BROOK
ZONING BOARD OF APPEALS
APRIL 2, 1991
I. CALL MEETING T0 ORDER
The meeting was called to order at 7:30 p.m. by Chairman Savino.
MEMBERS PRESENT: Members Claybourne A. Crouch
Elaine Herman
' Roy Martinello
Mack Shumate
• f Chairman Alfred P. Savino
MEMBERS ABSENT: William E. Kenny
A quorum was declared by Chairman Savino.
ALSO PRESENT: Village Trustee H. Richard Winters,
Dir. of Code Enforcement, Thomas R. Hawk
II. APPROVAL OF MINUTES
A motion was made by Member Crouch, seconded by Member Martinello, to approve the
February 5, 1991 minutes as submitted and waive the reading thereof.
VOZCE VOTE: Al1 in favor. Motion carried.
A motion was made by Member Herman, seconded by Member Crouch to approve the
March 5, 1991 minutes as submitted and waive the reading thereof.
VOICE VOTE: All in favor. Motion carried.
�--� IIZ. DE CANIO, SIDE YARD VARIATION - 3617 Madison
Continuation of the public hearing, March 5, 1991 at which this �tem was tabled.
All those who had not given previous testimony were sworn in by Chairman Savino.
The petitioners were represented by Attorney Ronald E. Shadle. Testimony was
given concerning the following points:
1. The present request is based on plans which are a major revision to the
plans presented for the previously granted variation, reducing the
northerly side yard.
2. The architectural effect of eliminating the proposed encroachment.
3. The increased cost for architectural revisions.
4. Modest increased construction costs.
S. The hardship imposed on this property due to the application of the R-2
zoning requirements which is based on lots 150 ft. wide.
6. The neighbors, especially those on the lot to the south, are supportive
of this request.
There was no testimony in opposition to the petitioner's proposal.
The public hearing was closed by Chairman Savino. A general discussion ensued.
ZONING BOARD OF APPEALS Minutes -1- April 2, 1991
s
1,
� �
Member Crouch moved, seconded by Member Herman to recommend denial of this
variation request based on the following findings:
l. The property can attain a reasonable return on investment without the
benefit of the variation requested. .
2. While the situation is in some ways unique, it is not to the extent that
constitutes an unacceptable hardship.
3. In behalf of the request, it would not, if granted, have any adverse '
impact on surrounding properties.
ROLL CALL VOTE: Ayes (4)
Members Crouch, Herman, Martinello,
Shumate
Nayes (1)
Chairman Savino
MOTION CARRIED . .
Trustee Winters requested that a copy of the "Side Yard Variation Summary" and
the section of the Zoning Ordinance pertaining to Control of Bulk be included
in the packets given to the Board of Trustees for their meeting of March 23, 1991.
Member Shumate moved, with a second by Member Martinello, to adjourn.
VOICE VOTE: All in favor. Motion carried.
Meeting adjourned at 8:36 P.M.
Respectfully submitted,
Thomas R. Hawk, Secretary
Zoning Board of Appeals
Approved
ZONING BOARD OF APPEALS Minutes -2- April 2, 1991
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. CFCOUNjy�\
VI LLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, 1LLINOIS 60521 -2255
708 990-3000
April 17, 1991
Village President and Board of Trustees
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60521
Re: DiCanio - Side Yard Variation
3617 Madison
Dear Mr. President and Board of Trustees:
The Zoning Board of Appeals, at its regular meeting of April 2, 1991, heard
the above request to reduce the required south side yard to approximately
13.25 feet instead of the required 18 foot side yard to permit the construction
of a room addition which is part of a major renovation to this home.
Member Crouch moved, Member Herman seconded the motion to recommend denial
of this variation request based on the following findings:
1. The property can attai�i a reasonable return on investment without
the benefit of the variation requested. .
2. While the situation is in some ways unique, it is not .to the extent
that constitutes an unacceptable hardship..
3. In behalf of the request, it would not if granted, have any adverse
impact on surrounding properties.
This motion passed with Members Crouch, Herman, Martinello and Shumate voting
in favor and Chairman Savino voting against.
Sincerely,
Alfred P. Savino
Chairman
Zoning Board of Appeals
APS/11
cc: Mr. and Mrs. DiCanio
>
��
VILLAG� OF OAK BROOK 1 '�iutes -8- ,,� February 12, 1991
�
Chevrolet, Decatur, Illinois, under the approved State of Illinois
annual contract covering police vehicles, in the amount of
$107,151.91. This purchase is for nine (9) Caprice Chevrolet Police
Pursuit vehicles which will replace nine (9) vehicles currently in
service. Roll Call Vote:
Ayes: 6-Trustees Bartecki, Bushy, Payovich, Rush, Winters and
President Cerne
Nays: 0-None
Absent: 1-Trustee Diaher
Motion carried.
�'. Acceptance of Quotation - Vac-A_ll Unit 507 Enqine Re lacement:
Trustee Rush moved, secanded by Trustee Bushy to accept the quote of
City International Trucks, Inc. in the amount of $5,522.50 for the
replacement of Unit 507's engine with a new rebuilt engine. Roll
Call Vote:
Ayes: 6-Trustees Bartecki, Bushy, Payovich, Rush, Winters and
President Cerne
Nays: 0-None
Absent: 1-TrusteE Maher
Motion carried.
G. Discussion of kequest to Install U.S. Flags and Have Blood Drive in
Support of U.S. Troops:
Consensus to approve the purchase of sixty (60) three foot by five
foot American flags and attachment pole brackets to be displayed
along 22nd Street between Route 83 and Jorie Boulevard and to
cosponsor a blood drive with Oakbrook Terrace, Prudential Bache and
the American ked Cross in support of American Troops.
H. Referrals:
With no objections, President Cerne .made the following referrals:
1. Hahn - Side Yard Variation (66 Greenleaf Drive) -- Referred to
the Zoning Board of Appeals Meeting of March 5, 1991.
� DiCanio - Side Yard Variation (3617 Madison) -- Referred to
the Zoning Board of Appeals Meeting of March 5, 1991.
VII. ADJOURNMENT-
Trustee Winters moved, seconded by Trustee Rush to adjourn the meeting
at 11:12 p.m. Voice Vote: all ayes, no nays. N:otion carried.
ATTEST:
,�% , i �i: •
; ;
.�
�' �J:,�c; i . ?�'—�c.�u',��i� ��J
'Linda K. Gonnel�a !/, `� �� �i /i �
V illage Clerk ,��K�.'- `/!��<�..a. �,� � C�����
��,�
February 26, 1991
Approved
a:btmn212(jr}
VILLAGE OF OAK BR�?OK Minutes -8- ' February 12, 1991
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COUNtr�
VI LLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
• 708 990-3000
March 11, 1991
Mr. and Mrs. Anthony DiCanio
3617 Madison
Oak Brook, IL 60521
Re: Side yard variation request
Dear Mr, and Mrs. DiCanio:
At your request, the Zoning Board of Appeals has tabled your petition until
their meeting of April 2, 1991.
If in the meantime you have any further submittal that you would like to
get to the Zoning Board of Appeals members prior to that meeting, please
submit them to me prior to March 27, 1991.
Also, I am including a copy of the standards that the Zoning Board of Appeals
must operate within when evaluating a petition such as yours.
If you have any questions, please feel free to call on me.
Sinc rely �
�',�,�.�i� - ��
�
homas R. Haw
Director of Code Enforcement
TRH/11
cc: petitioner files
att.
._>
� '"�
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a
i
� Oak Brook Zoning Commission
March 25, 1991
Re: DiCanio's Variance
a 3617 Madison
� Oakbrook, Illinois
�
� To Whom It May Concern:
We are the owners of the residence immediately adjacent to
� the DiCanio home on the South border: Please .recognize that
S we have no objections to the improvements of our neighbors
� property.
s We feel it would be in the best interests of our
; neighborhood, our property and the Village of Oak Brook.
� The proposed addition would be attractive and in keeping
� with the ambience of our beautiful wooded area. It would
� not compromise our quality of life in this area.
C
� We respectfully request that their variance be granted
; allowing the DiCanios to complete the addition as planned.
': Since we are the ones most affected by any improvements made
f to the property adjacent to ours, we hope you give our
3 request special consideration.
i
;
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� Pam & Curt Ostby
1 3621 Madison
� Oak Brook, Illinois
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� DONALD F. SOWA. A.R.A.
� ARCHITECT
'�_t � 10340 SOUTH MINNICK
�: OAK LAWN. ILLINOIS 60453
:� �312) 499-1218
,
� I��larch 25, 1991
,
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;i Mr. Thornas Hawk, Building Commissioner
;; Villag of Oak Brook
; Oak Brook, Illinois 60521
:;
" Re: Proposed addition to the
'; Di Canio residence
A� Dear Mr. Hawk,
The purpose of this letter is to set fortYi some of the reasons
'` I feel a zoning variance should be granted for the above
captioned resid.ence.
;
:s As the plans are drawn the side setback does not encraach
1 beyond the original house. To increase the setback would not
only affect the a.esthetics of the design but would drastically
alter the functionality of the affected rooms. Further, a.s it
' is dra.wn, the house will not alter the character of the area
;;
and will not adversely impact on adjoining properties.
8
The very expansive front yard only serves to enhance the total
- setting. I also feel tha.t a statement of the owners' lifestyle
is reflected in the manner this house is designed. It would
; be a. diservice to not consider their commitment to improving
' their property. I sincerely feel that this house will definetely
; be an asset to the village of Oak Brook. When completed it
will be on a par with most other houses in Oak Brook.
1
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� Therefore, for the reasons set forth above, on behalf of NIr.
� and Nirs. Di Canio I respectfully ask that your Zoning Board
rules to grant the variance as requested. .
Very Truly Yours,
�r��.s-`��
Donald F. So wa
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� March 25, 1991
� Oak Brook Zoning Commission
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# Re: DiCanio Variance
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# 3617 Madison
' oakbrook
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; TO WHOM IT MAY CONCERN
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� Each of us has received notice of the proposed application
i for a variance from certain zoning requirements specifically '
� the said yard setback requirements that exist today.
� The property in question, located on Madison, would serve
the area, and the Village better if improved according to
' their plan. The slight infringement on the side yard
j setback would not be visible from the street. We understand
' the structure pre-exists the zoning ordinance.
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� This improvement would greatly enhance the appearance of the
' property in question and impose no burden on us, those who
} reside in this beautiful area.
�
3 The proposed improvement does not adversely affect any
; surrounding property. It would enhance the area therefore
' benefiting the local residents while maintaining the
� uniqueness of the Village.
�
Please grant this variance to the DiCanio's so that this
� beneficial improvement can begin.
,
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' Sincerely,
;
The DiCanio Neighbors
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i We have considered other alternatives since the last time we
� presented our case to the Board and asked for a continuance.
The two alternatives mentioned were to take the extension
; (3 ' 10") and place it in the back (East Side) or possibly
} place it on the North side of the Family Room. Note:
+ eliminating the 3 '10" extension would have the same result
i as relocating it in the other alternate location.
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Below are reasons we feel the variance for the 3 '10" off set
� should be granted.
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� 1. By taking the offset off of the South side we
change two concepts of the Blueprint.
A) First the large back window is substantially
out of center having only 2 '2"" on the South end of the
wall and 9'0" on the North end. (This viewed from
exterior) . We considered moving the window over but
then it is extremely close to the fireplace on the
interior wall and window treatments become a
consideration. By moving the window over to get a
better balance out side, we then in turn off center the
Window inside.
B) The second effect would be the roof line
changes caused by the deletion of the 3 '10 extension.
The center ridge line would be structurally moved over
and lowered to the (North) approximately 1'9" again off
centering the Winflow.
The second alternative of moving the 3 '10" area to the
northside of the Room would have the following effects:
1. Would off center the Window even more dramatically.
2 . The roof lines again would change as follows:
A) The exterior pitch of the North side and the
Rafter Lengths. Lower the Pitch and increase length of
rafters. �
B) The interior cathedral ceiling would have
different lengths causing the kitchen and family room
ceilings to be different pitches on the North side.
3 . Adding onto the North side would also obstruct the
view of the back yard from the living room even more.
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� 4 . The existing garage wall is extended an additional
4 '0" farther to the South. (The garage area should be
� covered by the "Grandfather Clause" regarding the
� earlier codes that the house was constructed to.
� 5. Cost of Redrawing the blueprints.
,
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� We feel that we have pointed out very valid situations as to
� why our variance should be granted. We have also looked for
� alternative (Reasonable alternatives that would not incur
substantial cost. If you have any additional questions or
� clarifications are needed we would be happy to answer them.
� Respectfully submitted,
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! BENNATT BUILDERS
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i Robert C. Kuikman
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' V I LLAG E O F OA K � ROO K
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� 1200 0 ,�1K BROOK ROAD
! OAK BROOK, ILLINUIS 60521 -ZZSS
' ;�bruary 15, 1990 ��� `>»� 3���� ,
;
i Mr. & Mrs. Anthony DiCanio
' 3F,17 Madison
�
Gak Brook, IL 60521
Re: Side Yard Vari.ation -
3617 Madison
� Dear Mr. & Mrs. DiCani_�:
The Village B�ard, at its regular meeting af Febru::iry 13, 1.39�, passed and
approve�l Ordinance No. 5-683, a copy of whic}� is enclosed f:�r. ycur �i:.e;;.
If I can be of further service, please do not hesitate to ca.11.
Si.ncer�:ly,
\,�`�--�� �.���
I3ruce P'. Kapff��
Assistant to Vill�ige t�an�z��(nr �
' BFK:sps
Enclosure
cc: Stephen IIerley, Village �fanager
Robert Nielsen, Building Commissioner
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ORDZNIINCE N0. S- 6 8 3
AI�1 ORDIN�NCE GRANTING A VARIATION FROM Tf� PROVISIONS OF
SECTIONS VII(D)(8)(b) and XII(B)(2)(b)
OF THE ZONING ORDIAIANCE OF THE VILI,AGE OF OAK BROOR
RELATIVL� TO SIDE YARD REQIITR�rrmg
� (3617 Hadison)
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j WHEREAS, ah application has been filed requesting a variation from the
; provisions of Section VII(D)(8)(b) of the Zoning Ordinance of the Village of
i Oak Brook to permit the construction of an addition encroaching approximately
� 9 feet into the northerly side yard and 7 inches into the southerly side yard
' of the required 18-foot side yard on the property hereinafter described; and
r
WHERF.AS, a public hearing on such application has been conducted by the
i Zoning Board of Appeals of the Village of Oak Brook on January 10, 1990
! pursuant to due and appropriate legal notice; and
1
WHEREAS, a recommendation has been made by said Zoning Board of Appeals
: that the variation reques�.ed be granted and made explicit findings that the
variation requested meets the applicable standards set forth in Section
1 XIII(G)(4) of the said Oak Brook Zoning Ordinance; and
; WHEREAS, the Village President and Board of Trustees cor.cur with the
� recommendations and findings made by the Zoning Board of Appeals;
i
' NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLIHOIS as follows:
;i
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 9 feet into
; the northerly side yard and 7 inches into the southerly side yard of the
� required 18-foot side yard, provided that the addition is constructed in
� substantial conformity with the site plan dated as received November 13, 1989,
: a copy of which is attached hereto, labelled "Exhibit A", and hereby made a
! part hereof.
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Section 3: That this Ordinance is limited and restricted to property
; commonly known as 3617 Madison Street, Oak Brook, Illinois, which property is
: legally descri.bed as:
�
The North 93.00 feet of the South 1584.00 feet of the West 379.50
feet of the Southwest Quarter of Section 36, Township 39 North,
; Range 11, East of the Third Principal Meridian, in DuPage County,
� Illinois. Permanent Parcel #06-36-300-010. �� �
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Ordinance No. S- 683
An Ordinance Granting a
Variation Relative to Side
Yard Requirements
3617 Madison Street
Page 2
' Section 4: That this Ordinance shall be in fnll force and
and afte p ssa9e and approval as provided b effect from
y law.
: PASSED THIS 13_ t_ h_ daY of February
� . 1990.
, Ayes: Trustees Bartecki Bush
' Plays; None Maher Pa ovich Rush an1 iVinters
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� Absent: None
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.� Abstain: None
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APPROVED THIS 13th day of Februar
f� y
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3 ATTEST:
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! Approved as to Form:
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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 27, 1991
MEMO T0: Zoning Board of Appeals
SUBJECT: DiCanio Side Yard Variation Request
This property is located in the Fullersburg Woods subdivision and fronts
on the east side of Madison Street. It is within an R-2 single family
detached residence district which requires an 18' side yard.
The existing home side yard setbacks are existing legally non-conforming.
(see Section XII of the Zoning Ordinance)
On February 13, 1990, the Village granted a variation to permit an
addition encroaching approximately 9 feet into the northerly side yard
and 7 inches into the southerly side yard. A copy of this ordinance is
included in this folder.
The present proposal is to allow the addition to encroach approximately
4 feet 8 inches into the southerly required side yard.
In reviewing this application use the standards contained in Section XIII (G) ,
pp. 967-968 (copy attached) .
Res e�tfully submitted,
( / _�� �jf,�,/iC..--�
/i� �����"
Thomas R. Hawk
Code Enforcement Officer
TH/11
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Village of Oak Brook Zoning Ordinance
(Section XIII (G) (4) pages 967 and 968
(4) Standards:
(a) The Zoning Board of Appeals shall not recommend a variation of the
provisions of this ordinance as authorized in this section unless it
shall have made findings of fact based upon the evidence presented to
it on the following specific issues that:
(1) The property in question cannot yield a reasonable return if
permitted to be used only under the conditions allowed by the
regulations governing the district in which it is located.
(2) The plight of the owner is due to unique circumstances.
(3) The variation, if granted, will not alter the essential character
of the locality.
(b) For the purpose of supplementing the above standards, the Zoning Board
of Appeals, in making the determination whether there are practical
difficulties or particular hardships, shall also take into consideration
the extent to which the following facts, favorable to the applicant,
have been established by the evidence that:
(1) The particular physical surroundings, shape or topographical
conditions of •the specific property involved would bring a
particular hardship upon the owner as distinguished from a mere
inconvenience if the strict letter of the regulation were to be
carried out.
(2) The condition upon which the petition for variation is based would
not be applicable generally to the other property within the same
zoning classification.
(3) The granting of the variation will not be detrimental to the public
welfare or injurious to other property or improvements in the
neighborhood in which the property is located.
(4) The proposed variation will not impair an adequate supply of light
, and air to adjacent property, or substantially increase the danger
of fire, or otherwise endanger the public safety or substantially
diminish or impair property values within the neighborhood.
(5) That the purpose of the variation is not based exclusively upon a
desire to make more money out of the property.
(6) That the alleged difficulty or hardship has not been created by any
person presently having an interest in the property.
(c) The Zoning Board of Appeals may recommend and the Board of Trustees may
require such conditions and restrictions upon the premises benefited by
a variation as may be necessary to comply with the standards set forth
in this section to reduce or minimize the injurious effect of such
variation upon other property in the neighborhood, and to implement the
general purpose and intent of this ordinance.
. �
2/27/91 �
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LEGAL N0710E ��
VIILAGE OF OAK BqOOI( �""�
DU PAGE ANO QQg�y��ES,ILLINOIS
NO710E IS HEREBY GIV�EN hat a publc'hearin
Zon(ng Board ol Appeals ot the Village ol Oak Brod�DuPage
and Cook Counlies,Illtnois,will be held on March 5,1991 at
. 7:30 p.m.in the Oak grook Village Hall,1200 p�gr�Road,
I�linois,lor the purpose of wnsiderinp ihe application ol Anthony
and Michelle DiCanio for a vadation as providad under Seaion
Xlil(G)of the Zoning Ordinance of the Village ol Oak Brook,
IIIiA vari�a�iol�to ihe lol��S�,ylo�a�the Zoning Ordinance(s.
requested: I) A variation Irom ttie provisions ot Section
VII(D)(B)(b)to permit a reduqbn In ihe requi�ed side yard Irom
� 18'to approximate�y 13'4'to aliow conslruqion of an addition lo .
an ezisting house.
OakhBrook�,Ililnosaa dehe le aiidescrl tbn is as Iollo�ivMsadison, ISHER'S CERTIFICATE
The North 93.00 lest of the Soulh 1584.00 leet ol the
West 379.50 feet of ihe Southwest Quarter of Section 36,
Township 39 North,Range 11,East ot the Third Pr(ncipal
Meridian, in DuPage County, Illinols.Permanent parcel
A06-36-300-010.
All persons desiring to be heard in eupport of or fn oppositbn
to the proposed varfation or any provisbn thereof, will be
aflorded an opponunity to do so and may submft their �tiCe� a true copy of which is attached to this certificate�
statements orally or in writing or both:fha hearing may be
�ecessed to another date i(notice of Ume and p�ace thereof is
publicly announced at the hear(ng w is given by newspape� :e each week for . .on�. . . . . weeks successively; that the
publication not less than five(5)days priw to the date oi the
`e�ss�a nea"^9. 13th February 7� 91
Linda Gonnella ' ' • • • • • • • • . day of. . . . . . . . . . . A. L, 19 . . . . . . � dnd
Published at the direction ot the Co Village Clerk 7�
Zoning Board ol Appeals of the Village itOaklBroiokSDuPage �as the . . day of. . . . . . . . . . . A. L. 19 .
and Cook Counties,Iilinois. � � � � � � � � � ' ' ' ' '
Published in The Doings Feb.13,1991,
H1V L 11 1►� I'U lt 1 iiL;i� �,�____ :D That THE DOINGS is a secular newspaper of general
circulation, published weekly in the Villages of Hinsdale, Clarendon Hills, Oak Brook, Burr
Ridge, Willowbrook and Cities of Darien and Oakbrook Terrace and circulated generally in the
Villages of Hinsdale,Clarendon Hills,Oak Brook,Burr Ridge,Willowbrook and Cities of Darien
and Oakbrook Tenace 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 5 of"An Act to
revise the law in relation to notices," 1874,Feb. 13,R.S. 1874,p. 723, § 5,as amended 1959,Ju-
ly 17,Laws 1959,p. 1494, § l;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, g 1, 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 year 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
. . . . . . . . . . . . . . . . 14th. . . . . . . . day of . . February. . . . . . . . . . . . . . . . . A.D. 19 91. . . . '
.,
Publishers Charge , ,40:42. . . . . . .
. :. . ��'-�. 1�� . . . . . . .
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VI LLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
February 13, 1991 '708 990-3000
Dear Resident:
The Oak Brook Plan Commission and/or 'Loning Board of Appeals, and the Village
Board will be considering a:
Preliminary Plat _ Fina1 Plat X Variation
5pecial Use _ Zoning Amendment
at the meetings as scheduled on the reverse side of this notice.
The application has been filed by: Anthony and Michelle DiCanio
Relationship of Applicant to Property: Owner
The property in question is situated at: 3617 Madison
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:
A variation to permit a reduction in the required side yard
from 18` to approximately 13'4" to allow construction of an
addition to an existing house.
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 Manager
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 N/A
Zoning Board of Appeals . . . . . . . . . . . . . . 7:30 p.m. Wednesday March 5, 1991
Board of Trustees Meeting . . . . . . . . . . . . 7:30 p.m. Tuesday March 26, 1991
MAP OF AREA
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V. UNFINISHED BUSINESS:
�
A. Request for Ti.me Extension - Andy's Steakhouse - Parking Variations , , , ,WINTER;
B. Personal Rapid Transit Program - Status Report , , , , , , , , , , , , , , , , , , , , , , , , ,CERNE
C. Bid Authorization - 16th Street & Spring Road Rehabilitation Project . . .RUSH
D. Bid Authorization - 22nd Street & Jorie Boulevard Rehabilitation
Project „ , , , , . . . . .
. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .RUSH
E. Request for Additional De-icer Road Sa1t , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,RUSH
F. Liquor License Request - Traveling Fare , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,CERNE
• G. Report of Activities:
• Finance & Library Trustee Bartecki
Public Safety Trustee Bushy
Public Works & Personnel Trustee Rush
Sports Core Trustee Maher
Stormwater Management Trustee Payovich
Zoning & Planning Trustee Winters
VI. NEW BUSINESS•
A. Recoartnendation - Petska - Side Yard Variation (55 Meadowood) . , , _ , , , , , . .WINTERS
B. Approval of Sports Core Borrowing �nds from Corporate Ft�nd
and Possible Surcharge for Daily Golf Fees , , , , , , , , , , , , , , , , , , , , , , , , , , ,gARTECK
C. Heritage Oaks Unit 2 Subdivision - Reduction of Subdivision Security. . .jaINTERS
D. Request from Oak Brook Historical Society for Resolution of Support
for Mayslake Historic Site , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,CERNE
E. Request to Purchase Replacement Squad Cars Under State of Illinois
Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .BUSITY
F. Acceptance of Quotation - Vac-All Unit 507 Engine Replacement
• • • . . . . . .RUSH
G. Discussion of Request to Install U.S. Flags & Have Blood Drive in
Support of U.S. Troops , . _ . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .CERNE
H. Referrals:
1. Hahn - Side Yard Variation (66 Greenleaf Drive) - Refer to Zoning
Board of Appeals Meeting of March 5, 1991
�—� 2. DiCanio - Side Yard Variation (3617 Madison) - Refer to Zoning
� Board of Appeals Meeting of March 5, 1991
VII. ADJOURNMENT•
a:ag212(jr)
VILLAGE BOARD AGENDA - February 12, 1991 Page 2 of 2
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V 1 L LAG E �F O A K B RO O K ZONING ORDINANCE FLOOD PLAIN
1200 OAK BROOK ROAD � Appeal Q Variation
OAK BROOK, IL 60521 $100 $300 �
990-3000
� Variation Q Special Use
$300 $675
APPLICATION FOR PUBLIC I�ARING
� Amendment
TO BE FILED UTITH �.r�►�? CLERR $650
� Special Use
$400 _
ALL APPLICATIONS MUST BE ACCOMPANIED BY PROPER FEE, PLAT OF SURVEY, AND 18 COPIES OF A
SCALE DRAWING, SHOWING ALL PERTINENT APPLICABLE INFORMATION; i.e. , PROPERTY LINES,
EXISTING BUILDINGS, LOCATION OF PROPOSED CONSZ'RUCTION, ANY BUILDINGS ON ADJACENT
PROPERTY WITHIN 100 FEET OF SUBJECT PROPERTY.
DO 1�T i�1RITE IN THIS SPACE -- FOR OFFICE OSE ONLY
Date Filed: !-Z /- 9,/ Board of Trustees Referral: 2-l Z -J'/
Notice Published: 2- /3 -9� Newspaper: �D(��S
Date Adjacent Property Owners Notified: %�''f 3�q� Staff Referral: 2-'�-q� �
Public Hearing Dates: Plan CouQni.ssion: Zoning Board: 3-$-�Jl
Board of Trustees: 3-Z�-9/ Board of Trust�es: y-�frJr
(Approval of O dinance)
� 1
FEE PA_T�� � �OD '�' F.ecPipt Nc. 7��31 P.eceive� By: �..✓'�
��
:i`�c�r,.�� � �
T Village Clerk
APPLICAN'P TO OOI�LETE
LOCATION
OF SUBJECT PROPERTY: 3 617 Mad i s o n PERMANENT PARCEL NO. 0 6-3 6-3 0 0-010
LOT NO. SUBDIVISION: FullersbLrc� ADDRESS: 3e�j/?_���l.JiSt�lb
ZONING: �_ ZONING ORDINANCE SECTION:�������)
ACTION REQUESTED: A variation to permit construct-i_nn �c�f an a�r�; +-; nn
encroaching approximately 3 '-7" into:.- the 18-foot southerly required
side yard.
PROPERTY INTEREST OF APPLICANT: OWNER X� CONTRACT PURCHASER � AGENT Q
Hm: 986-1004
OWNER(S) OF RECORD Anthony & Michelle DiCanio PHONE NO. Wk� A�d-7d7d
ADDREss 3617 Madison, Oak Brook zIP tin���
BENEFICIARY(IES) OF TRUST PHONE NO.
ADDRESS ZIP
NA1�4? OF APPLICANT � PHONE NO.
ADDRESS ZIP •
I (we) certify that all of the above statements and the statements contained in any
papers or plans submitted herewith are true to the best of my (our) knowledge and
belief.
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ignatur Applicant Date CSign ture) Appli a f Date
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MICHELLE DI CANIO 4 8 7 4
• 3617 MADISON 7 986-1004 .
OAK BROOK, IL 21 2-1 10
'Z 19�� 710
Pay to the •
� o order of $ 3 0(�_ �� �
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TRANSIT + 3 CHECKS 3 CASH RECEIPT DATE NAME DESCRIPTION � RECEIVED
�. NUMBER BY:
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WITHOUT
V I L LA G E O F O A K B R O O K SIGNATURE
y�E 71431
• 1200 OAK BROOK ROAD
; ? OAK BROOK, 1LLINOIS
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� � PHONE: 1312) 990-3000
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RETAIN THIS RECEIPT . Zj„��
FOR YOUR RECORDS ����
iAFEGUARD BUSINESS SYSTEMS
Dlichelle DiCanio
,� 3617 My�ison
Oak Br k, IL 60521
Village Of Oak Brook
Re: Variance to Above Captioned
Property
The following is a list of names and addresses of parcels
surrounding my property within a 250 ft. radius:
06-36-300-007 06-35-401-007 (3700 Madison)
Waite, Robert F. Lucas, Raymond W
3609 N. Madison c/o Olympic Savings & Loan Assn
O.B. 6201 W. Cermak Rd.
Berwyn, IL 60402
06-36-300-008
009 06-35-401-021
. Tarsha, Mouhammad & Faye
Reetz-Gammonley Corp 3620 Madison
15 W. 700 Frontage Rd. O.B.
Hinsdale, IL 60521
06-35-403-036 (3610 Madison)
06-36-300-011 Oak Park Trust & Savings Bk 7886
Ostby, Curt & Pamela Village Mall Plaza
3621 N. Madison Oak Park, IL 60301
O.B.
06-35-403-037
06-36-300-012 Wisnewski, Edward & M.
Vescovi, Mario & Gail 3614 Madison
3625 N. Madison O.B.
O.B. Q n
Cannizzaro02Ronald A.
06-36-30D-064 c/o Lyons Savings & Loan 236
3701 Madison 4231 Joliet Rd.
Continental Bank of Oakbrook Tr. Lyons, IL 60525
Trust 380
17W695 Roosevelt Rd. 06-35-403-035
Oakbrook Tr. , TL 60181 Maher, R. P.
3602 Madison
06-36-300-021 Oak Brook, IL
Reetz Gammonley Corp
15 W700 Frontage Rd. 06-36-300-040
Suite 200A Nawrocki, Margaret R.
Hinsdale, IL 60521 407 Glendale Rd.
Oak Brook, IL. 60521
06-36-300-037
Muasher, Issa E. & Peggy
3610 Spring Road
Hinsdale, IL 60521
.. � ,: x� .�Y� �r - ar„��w+.�•..,..wn.�..,..ws�., �,a... :.�: .._.. .......w.a_.....d.,.�_. .
` " � ORDINANCE NO. S- 6 8 3
�
` AN ORDINANCE GRANTING A VARIATION FROM TfiE PROVISIONS OF
SECTIONS VII(D)(8)(b) and XII(B)(2)(b)
OF THE ZONING ORDINANCB OF T� VILLAGE OF OAR BROOR
REI�TIVE TO SIDE YARD REQU��?N'rS
(3617 Madison)
WHEREAS, ah 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
9 feet into the northerly side yard and 7 inches into the southerly side yard
of the required 18-foot 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 Vil�age of Oak Brook on January 10, 1990
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 €indings 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 9 feet into
the northerly side yard and 7 inches into the southerly� side yard of the
required 18-foot side yard, provided that the addition is constructed in
substantial conformity with the site plan dated as received November 13, 1989,
a copy of which is attached hereto, labelled "Exhibit A", and hereby made a
part hereof.
Section 3: That this Ordinance is limited and restricted to property
commonly known as 3617 Madison Street, Oak Brook� Illinois, which property is
legally descri.bed as:
The North 93.00 feet of the South 1584.00 feet of the West 379.50
feet of the Southwest Quarter of Section 36, Township 39 North,
Range 11, East of the Third Principal Meridian, in DuPage County,
Illinois. Permanent Parcel #06-36-300-010.
�i4 iZ �,6�-T7 o�ris /��YT�''� ��- �`�ll�
ATTEST:
M�rr,�...�::..+w.f_,.�..�___.._ _._ ---...... ..w..:..s.,. ..._... ,/'� :: _ ._ �'`�.
ord.inance 1 S- 6 8 3
An Ordinance Granting a
Variation Relative to Side
� Yard Requirements
3617 Madison Street
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 13th day of February 1990.
.
Ayes: Trustees Bartecki , Bushy, Maher , Payovich, Rush and �Vinters
rtays: None
Absent: None
Abstain: None
� � APPROVED THIS 13th day of February , 19 ,
Vill ge Presi ent
ATTEST:
1,� �
� h-�' � ti-(�CXc�:
V1�1 ge Clerk
Approved as to Form:
c..L�.�.�.� -
Vill ge Attorney
Published
Date Paper
Not Published XX
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