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S-733 - 03/24/1992 - VARIATION - Ordinances ORDINANCE s- 733 AN ORDINANCE GRANTING A FLOOD PLAIN SPECIAL USE PERMIT PURSUANT TO SECTION 10-34 OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAR BROOK, ILLINOIS (15 Yorkshire Woods) WHEREAS, the owner of certain property described herein has petitioned the corporate authorities of the Village of Oak Brook, DuPage and Cook Counties, Illinois, for a Flood Plain Special Use Permit under Section 10-34 of the Code of Ordinances of the Village of Oak Brook, relating to flood plain and wetland regulations; and WHEREAS, a public hearing on such petition has been conducted by the Zoning Board of Appeals of the Village on February 4, 1992, pursuant to due and appropriate legal notice; and WHEREAS, The Plan Commission of the Village of Oak Brook has submitted its recommendation to the President and Board of Trustees; and WHEREAS, both the Plan Commission and Zoning Board of Appeals have recommended approval of the petitions since the proposed use is consistent with the best use of the flood plain; and WHEREAS, the proposed use satisfies the requirements of and is consistent with each of the factors set forth in Section 10-34(c) of the Code of Ordinances of the Village of Oak Brook; and WHEREAS, final engineering plans were approved by the Village Engineer prior to February 15, 1992; and WHEREAS, the corporate authorities of the Village of Oak Brook deem the passage of this ordinance to be in the best interest and in furtherance of the general welfare of the Village of Oak Brook; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: Pursuant to Section 10-34 of the Code of Ordinances of the Village of Oak Brook, Illinois, a Flood Plain Special Use Permit is hereby granted to permit construction of a flood protection system consisting of a concrete wall and soil berms in substantial conformity with the Site Plan prepared by W. J. Bauer, P.E. dated November 27, 1991 and last revised February 7, 1992, said property being legally described as: f y VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990-3000 June 4 , 1992 MEMO TO: truce Kapff Dale Durfey Margaret Rimbo Linda Gonnella FROM: Thomas R. Haw SUBJECT: Recorded Documents The following documents were recorded on May 29 , 1992 : 1) Christ Church - 501 Oak Brook Road - Special Use Amendment. - ordinance S-729 - R92-101443 2) Emergency Warning System - a) Variation - Ordinance S-731 - R92-101444 b) Special Use - Ordinance S-732 - R92-101445 3) Rood (Dudek) - 15 Yorkshire Woods - Flood Plain Special Use - Ordinance S-733 R92-101446 4) Bennett - 31 Hickory Drive - Rear yard Variation - Ordinance S-735 - R92-101447 5) Cantore - 160 Forest Trail - a) Flood Plain Special Use - Ordinance S-736 - R92-101448 b) Accessory Building Height Variation - Ordinance S-737 - R92-101449 . 6) Mutual Life IhUsegolOrdinancel 2000 York Road d - S-738 - R92-101450 Special 7) Bear Manor Assessment Plat - 2803 & 2809 Oak Brook Road - R92-101442 rec-doc.mem p2 c OF OAAr L COUNt� VI LLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990-3000 March 31, 1992 Mr. Rood 15 Yorkshire Woods Oak Brook, IL 60521 Dear Mr. Rood: Enclosed is a copy of the Flood Plain Special Use ordinance which was approved by the Board of Trustees at their meeting of March 24, 1992 . We will proceed to file this ordinance with the DuPage County Recorder of Deeds , and you will be billed for the recording expense (approximately $15. 00) . When we receive the recorded copy back from the Recorder we will send you a copy. Please call if you have any questions. Sincerely, Thomas R. fa k w Director of Code Enforcement cc: official file, address file, planning and zoning file rood.5 ORDINANCE s- 733 AN ORDINANCE GRANTING A FLOOD PLAIN SPECIAL USE PERMIT PURSUANT TO SECTION 10-34 OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK, ILLINOIS (15 Yorkshire Woods) WHEREAS, the owner of certain property described herein has petitioned the corporate authorities of the Village of Oak Brook, DuPage and Cook Counties, Illinois, for a Flood Plain Special Use Permit under Section 10-34 of the Code of Ordinances of the Village of Oak Brook, relating to flood plain and wetland regulations; and WHEREAS, a public hearing on such petition has been conducted by the Zoning Board of Appeals of the Village on February 4, 1992, pursuant to due and appropriate legal notice; and WHEREAS, The Plan Commission of the Village of Oak Brook has submitted its recommendation to the President and Board of Trustees; and WHEREAS, both the Plan Commission and Zoning Board of Appeals have recommended approval of the petitions since the proposed use is consistent with the best use of the flood plain; and WHEREAS, the proposed use satisfies the requirements of and is consistent with .each of the factors set forth in Section 10-34(c) of the Code of Ordinances of the Village of Oak Brook; and WHEREAS, final engineering plans were approved by the Village Engineer prior to February 15, 1992; and WHEREAS, the corporate authorities of the Village of Oak Brook deem the passage of this ordinance to be in the best interest and in furtherance of the general welfare of the Village of Oak Brook; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: Pursuant to Section 10-34 of the Code of Ordinances of the Village of Oak Brook, Illinois, a Flood Plain Special Use Permit is hereby granted to permit construction of a flood protection system consisting of a concrete wall and soil berms in substantial conformity with the Site Plan prepared by W. J. Bauer, P.E. dated November 27, 1991 and last revised February 7, 1992, said property being legally described as: s s► Ordinance S- 713 Granting a Flood Plain Special Use Permit 15 Yorkshire Woods Page 2 Lot 15 in Yorkshire Woods, a subdivision in Section 24, Township 39 North, Range 11, East of the Third Principal Meridian, in DuPage County, Illinois, according to the plat thereof recorded November 14, 1947, as Document No. 534056 and recorded as Document No. 535991 in DuPage County, Illinois. Permanent Parcel No. 06- 24-102-010. Section 3: That this special use permit is subject to the condition that all applicable permits be obtained from the appropriate regulatory agencies and that improvements constructed on the subject property be constructed in accordance with the Building code and in accordance with the requirements for flood resistent construction as set forth in Section 2102.0 of the BOCA National Building Code. Section 4: That the special use permit herein granted in Section 2 of this ordinance be further expressly subject to the condition that all land modifications on the subject property be completed on or before December 31, 1995, in substantial conformity with the aforementioned Site Plan. If the property owner fails to meet the conditions of this section, this special use permit shall automatically terminate and be of no further force or effect. The foregoing completion date may be extended without public hearings by the President and Board of Trustees upon a showing of necessity by the property owner. Section 5: That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS 24th day of March , 1992. Ayes: Trustees Bartecki, Krafthefer, Payovich, Skinner and Winters Nays: None Absent: Non Abstain: Trustee Shumate APPROVED THIS 24th day of March ► 1992• GG/ V llage President ATTEST: L all, Village Cler /l r Ordinance S-. 733 Granting a Flood Plain Special Use Permit 15 Yorkshire Woods Page 3 Approved as to Form: *--Yvwo-w� 4AA;6�- Village Attorney Published Date Paper Not Published XX rood.ord �Y, p c.. OF 04K94 vp " Cp s : T cm a 4 � FCOUN,+ VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990. 3000 March 12 , 1992 Mr. James Rood 15 Yorkshire Woods Oak Brook, IL 60521 Dear Mr. Rood: At Mr. Dudek ' s request the Board of Trustees at their March 10, 1992 meeting, tabled the ordinance granting approval of your Flood Plain Special Use request. This was done to allow further discussions pertaining to the provisions of, the ordinance between Mr. Dudek and the Village. The ordinance will be placed on the March 24 , 1992 Board of Trustee agenda so we need to resolve any questions regarding its ' provisions no later than March 17, 1992 . Sincerely, Thomas R. Hawk Director of Code Enforcement cc: Petition files rood.4 2 GOOF Oq,,e } C N G `O O i � FCOUNO 4, VILLAGE O F OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990. 3000 February 28, 1992 Mr. James Rood 2021 Spring Road Oak Brook, IL 60521 Dear Mr. Rood: The Board of Trustees voted to approve your Flood Plain Special use and to authorize the Village Attorney to draft the necessary ordinance. This was done at their meeting of February 25, 1992 . The final action on your request will take place at the Board of Trustee meeting on March 10, 1992 at 7 : 30 p.m. At this meeting the approval of the ordinance granting your request will be on the agenda. Please call me if you have any questions. Sincerely, T omas R. Hawk Director of Code Enforcement cc: petition files ROOM �3t? - vTT•T.A GE_ OF OAK BROOK Minutes Feb. 25, 1992_ - UNOFFICIAL UNTIL APPROVF ,D BY BOARD APPROVED AS WRITTEN� OR APPROVED W-I CO_R_REEJCT�IONS BY VILLAGE BOARD CALL TO ORDE. 1. MEETING CALL: The Regular E. Dean BBoard Room Trustees 7:30rp.m. Bushy in th Pledge of Allegiance was given. ROLL CALL 2. ROLL CALL: The Clerk called the roll with the following persons PRESENT: President Bushy, Trustees Bartecki, Krafthefer, Shumate, Skinner and Winters. ABSENT: Trustee Payovich. IN ATTENDANCE: Stephen Berley, Village Manager; Richard A. Martens, Village Attorney; Dale L. Durfey, Jr. , Village Engineer; Charles G. McAdams, Sports Core Manager and Tom Hawk, Director of Code Enforcement. 3. ANNOUNCEMENTS & OPEN FORUM: None. 4. APPROVAL OF MINUTES: MINUTES Trustee Skinner moved to approve the Minutes of the Committee-of-the-Whole Meeting of February 10, 1992 as presented and waive the full reading thereof. Seconded by Trustee Winters. VOICE VOTE: Motion carried. Trustee Skinner moved to approve the Minutes of the Regular Me eti g Seconded February 11, 1992 as presented and waive the full reading by Trustee Bartecki. VOICE VOTE: Motion carried. 5. CONSENT AGENDA: Trustee Skinner moved to approve the Consent Agenda. Seconded by Trustee Winters. Roll Call Vote: Ayes: 5-Trustees Bartecki, Krafthefer, Shumate, Skinner and Winters. Nays: 0-None Absent: 1-Trustee Payovich. Motion carried. A. DU PAGE COUNTY AMERICAN M LR ASSOCIATION 5K RUN: Approved Omnibus Vote. AMER. F : EAR ASSOC. 5K RU:' PAYOUTS: B__ PAY_ OUTS: 1. JAMES J. BENES & ASSOCIATES - PAYOUT #4 - JORIE BOULEVARD FAUS - BENES-JORIE PROFESSIONAL ENGINEERING SERVICES. Approved Omnibus Vote. BL .15,114.27 JAMES J. BENES & ASSOCIATES - PAYOUT #8 - 1991 PAVING PROJECT - PA Er-1991 2. ENGINEERING SERVICES: Approved Omnibus Vote. $3IN P 6 VILLAGE -OF OAK BROOK Minutes _1_ - February 25, 1992 GOOF OgKe �COUNtV VILLAGE O F OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990- 3000 February 18, 1992 MEMO TO: President and Board of Trustees FROM: Stephen Berley and Tom Hawk SUBJECT: Rood (Dudek) Flood Plain Special Use - 15 Yorkshire Woods The owners of this property have made application for a Flood Plain Special Use to enable them to flood proof their home and an area of the yard surrounding it. This will be accomplished by the construction of a system of earthen berms and concrete walls. The compensatory storage is provided by extensive excavation of the rear yard. The Plan Commission and the Zoning Board of Appeals have held the necessary meetings and have found that this request is in agreement with the factors pertaining to Flood Plain Special Uses; and have recommended approval. While flood proofing of structures is covered by our ordinances, the flood- proofing of property is not covered. The reasons given for fkloodproofing a large area of the front yard are to allow vehicles access to the home even during flood events and also to a lesser extent to protect some mature well established landscaping. The AED proposal which was recently approved also protected areas outside of the structure. The engineering design was worked out with the assistance of IDOT-DWR personnel and the IDOT-DWR permit has been issued. Dale Durfey approved the final plans prior to February 15, 1992 and con- sequently the compensatory storage ratio of 1 to 1 applies. The petitioner intends to proceed with this proposal if approved even though other Salt Creek projects such as the Elmhurst Quarry may provide them with relief from flooding. They don't feel that they can rely on these other projects and even if they are someday built and effective, they will only consider them as additional protection to their own efforts. If it is your wish to approve this request, it would be appropriate to authorize the attorney to draft the necessary ordinance. Respectfully submitted, - Stephen Be ley Tom awk Village Manager Director of Code Enforcement �0 V. ROOD (DUDEK1 FLOW PLAIN IAL USE _ 15 YORKSHIRE WOODS _ PUBLIC HEAR �)1—r, I= T Mr. Bernie Dudek and Dr. William Bauer were sworn in and made a presentation regarding the proposal to flood protect this home and part of the adjacent property. The following points were covered: a) The flooding experience of the property. b) The concrete wall and earth berm design. c) A portion of the front yard is protected to allow vehicular access. d) Compensatory storage is provided at a 1 to 1 ratio. e) The IDOT/OWR permit has been issued. f) The proposed Elmhurst quarry will Lower flood elevations; however, the petitioner does not want to rely on this since it may never be built and in any case this flood proofing system will provide additional protection. g) The factors relating to Flood Plain Special Use were reviewed. ALL findings were positive. The Plan Commission recommended approval with waiver of full compensatory storage requirments at their meeting of January 20, 1992. Compensatory storage at a 1 to 1 ratio is now included in the revised plan. Dale Durfey reported that most of his concerns were minor design details or housekeeping items except for the following: a) The revised compensatory storage plan still has to be analyzed. b) The flood proofing protects considerably more property than just the home. There was no comment from the public. Member White moved, seconded by Member Shah, to recommend approval subject to the following conditions: a) Final engineering approval by Engineering. b) Permits from any other required regulatory agencies be obtained. ROLL CALL VOTE: Ayes: Raymond White Manu Shah Louis Aldini Champ Davis Dolores Dosedlo Paul Goeken Martis Nays: None Motion Passed. There was a 10 minute recess at this point. VI. CHRIST CHURCH _ SPECIAL USE AMENDMENT _ 501 OAK BROOK ROAD_ PUBLIC HEARING This proposal is to amend the existing Special Use to allow construction of a choir rehearsal room and additional classroom facilities. Mr. George Howell, Trustee, and Mr. Weyburn Johnson, Business Manager, represented Christ Church and were sworn in. A presentation describing the proposed plans was made. Director of Code Enforcement, Tom Hawk, reported that the request is in accordance with the requirements of the Zoning Ordinance and consistent with the Special Use standards. ZONING BOARD OF APPEALS Minutes -3- February 4, 1992 ZSA02-92.DOC VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 February 7 , 1992 708 990- 3000 Dear Madam President and Board of Trustees: The Zoning Board of Appeals at their meeting of February 4 , 1992, has made recommendations as follows: Cladek Variation - 408 Luthin Road The Cladek' s are undertaking a major renovation to their home. In order to do this as planned, they have requested variations as follows: For the room addition . at the -northeast corner; a side yard variation to permit a side yard of 15 feet instead of the required 18 feet. For the garage third car addition: a) a side yard variation to permit a side yard of 10 feet instead of the required 18 feet b) a front yard variation to permit the eave to encroach 2 feet into the 40 feet required front yard This property is legal non-conforming as follows: a) the lot is 132 feet wide where the R-2 minimum is 150 feet b) the east side yard where the encroachments are proposed is presently 15 feet After reviewing the proposal at length, examining several alter- natives, and analyzing the unique circumstances and hardships of this proposal, the Zoning Board of Appeals voted by a margin of 5 to 0 to recommend approval of this request as described above. McDonald' s L Oak Brook Park District Flood Plain Special Use 1315 Kensington McDonald' s, with the cooperation of the Oak Brook Park District, has petitioned for a Flood Plain Special Use to allow for recon- figuration of the flood plain on this property. P&BTI.LET Page 1 of 3 �P The reconfiguration is in conformity with the previously approved site development plan. The proposal was found to be in compliance with the Village Codes . Engineer Durfey has approved the plans and there are no outside regulatory agency permits required. The Zoning Board of Appeals , by a vote of 6 to 0 , recommends approval of this request. Rood (Dudek). Flood Plain Special Use - 15 Yorkshire Woods The petitioner has requested a Flood Plain Special Use to allow for flood protection of the home and part of the front yard. This property has suffered severe damage due to flooding. The flood protection will be accomplished by a combination of a concrete wall and an earthen berm. By flood proofing part of the front yard, vehicular access to the home will be maintained even during storm events . Compensatory sorage at a ratio of 1 to 1 is provided, however the engineering details have not been approved by Engineer Durfey. IDOT-DWR has issued the required permit for the proposed work. The Zoning Board of Appeals , by a vote of 6 to 0 , recommends approval of this request subject to the following conditions: a) all other outside regulatory agency permits to be obtained b) final approval of the engineering by the Village engineer Christ Church = Special Use Amendment -501 Oak Brook Road The petitioner is requesting an amendment to the previously granted Special Use to allow for the construction of a choir rehearsal room and additional classrooms The request was found to be in accordance with the Village ' s requirements for Special Uses and the Zoning Board of Appeals, by a vote of 6 to 0, recommends approval of this request. Village of Oak Brook Early Warning Siren System This petition was presented on behalf of the Village by Director of Code Enforcement, Tom Hawk, and Assistant E.S . D.A. Coordina- tor, Mark Fleishman. The request covers the following: 1) Text amendment to establish a siren warning system as a governmental Special Use activity. 2) The necessary variation pertaining to structure height and the performance standards regarding noise levels. 3) The Special Use status needed for each of the four proposed locations. PBBTI.LET Page 2 of 3 �5 ! 0 The proposal was found to be in accordance with the intent and objectives of the Village Code and the Zoning Board of Appeals, by a 6 to 0 vote, recommends approval. In all of the above proposals, the Zoning Board of Appeals re- ceived no negative comments from the public. Respectfully submitted, l Willi an Kenny Cha irinan Zoning Board of Appeals cc: petition files Pd6T1.LET Page 3 of 3 i • vPG�OF OAk eA0 Q� G � 4 �2 9CF \yv 1 CoUN14, 1 VILLAGE OF OAK BROOK 1200. OAK BROOK ROAD I OAK BROOK, ILLINOIS 60521 -2255 708 990-3000 February 7 , 3.992 i Mr. James Rood 15 Yorkshire Woods Oak Brook, IL 60521 Dear Mr. Rood: This letter will verify to you that your petition for a Flood Plain Special Use ha.ri now received a recommendation for approval by tale Zoning Board of Appeals at their meeting of February 4 , 1992 . The Flail COmnli.ss1011, previously, recommended approval at their meet il!g of January 20, 1992 . These recommc3-idati.or.:> will be placed on the agenda of the Board of Trustees meet-ing -f February 25, 1992 . Yot!i atter1d.:uice at meeting is important. Flcase ca]_]. if you havo atiy questions. Since�Jrely, /�% Thomas R. i�awk Director of Carle 1 nforc e-ment: cc: petition files ROOD.2 3 Illinois Departmrent of Transportation Division of Water Rp.suurces 3215 Executive Parr Drive/ P.O. Box 19484/Springfield, Illinois/62794-9484 January 28, 1992 � `1;, JAN 3 1 1992 Subject: Permit No. 20824 v!!LAC_ FG:'.:� ` Flood Wall and Berm .- -___ /�r •i Salt Creek ✓-�- �-- ..._ . � DuPage County IDOWR Application No. 910483 Mr. James L. Rood 15 Yorkshire Woods Drive Oak Brook, Illinois 60521 Dear Mr. Rood: We are enclosing Permit No. 20824 authorizing the subject project. If any changes in the location or plans of the work are proposed, revised plans should be submitted promptly to our Schaumburg office for review and approval before construction begins. Please acknowledge receipt of this permit by signing the acceptance blank attached to the permit and returning it to me within sixty days from the date of the permit. When the work is completed, please contact the Division of Water Resources' Schaumburg staff at 201 West Center Court, Schaumburg, Illinois 60196 (708)705-4341, so they may schedule a final inspection. Sincerely, David R. Boyce, P.E. Chief, Floodplain Management Section DRB/GJ/JO:cm 2811w Enclosure cc: Chicago District Corps of Engineers (Chic. COE) . ...:Yiilage°of°-Oak-•Brook.,_.._.., ' Jane Dudek Federal Emergency Management Agency .t� STATE OF ILLINOIS ,ge Permit N? 20824 of Tran ortation Department sp Division of Water Resources 2300 South Dirksen Parkway Springfield, Illinois 62764 Permission Is Hereby Granted, this 28th day of _ January 19 92 To James L. Rood 15 Yorkshire Woods Drive Oak Brook, Illinois 60521 To construct a concrete floodwall and earthen berm within the floodway of Salt Creek in order to flood proof an existing house in the SW 1/4 of Section 24, Township 39 North, Range 11 East of the Third Principal Meridian in DuPage County, In accordance with an application dated Dec. 11, 1991 and the specifications and plans entitled FLOODWALL FOR JAMES ROOD RESIDENCE, SHEETS A-1 AND A-2 OF 22 DATED NOVEMBER 27, 19919 RECEIVED DECEMBER 179 1991 filed with the Department of Transportation and made a part hereof, and subject to the terms and special conditions contained herein: Examined and Recommended: APPROVED: XXXXl�x,6�E�4��e14X�S� 2SjS?�jG�effain t• it Brown Secretary David R. Boyce, Chief, Floodp Management Approval Recommended:Section IDonald R. Vonnahme Director (39193-SM 5913-U1 'lagaW4 Oak Brook (over) 31 9.•.-- rL AoV THIS PERMIT is subject to the following conditions: (a) This permit is granted in accordance with an act entitled: "AN ACT in relation to the regulation of the rivers,lakes and streams of the State of Illinois," approved June 10, 1911,as amended.(III.Rev.Stat.,ch. 19,par. 52, et. seq.) (b) This permit does not convey title to the permittee or recognize title of the permittee to any submerged or other lands, and furthermore, does not convey, lease or provide any right or rights of occupancy or use of the public or private property on which the project or any part thereof will be located; or otherwise grant to the permittee any right or interest in or to the property, whether the property is owned or possessed by the State of Illinois or by any private or public party or parties. (c) This permit does not release the permittee from liability for damage to persons or property resulting from the work covered by this permit,and does not authorize any injury to private property or invasion of private rights. (d) This permit does not relieve the permittee of the responsibility to obtain other federal, state or local authorizations required for the construction of the permitted activity; and if the permittee is required by law to obtain approval from any federal agency to do the work, this permit is not effective until the federal approval is obtained. (e) The permittee shall, at his own expense, remove all temporary piling, cofferdams, false work, and material Incidental to the construction of the project,from the floodway,river,stream or lake in which the work Is done. If the permittee fails to remove such structures or materials, the state may have removal made at the expense of the permittee. If future need for public navigation or public interests of any character, by the state or federal government,necessitates changes In any part of the structure or structures,such changes shall be made by and at the expense of the permittee or his successors as required by the Department of Transportation or other properly constituted agency, within sixty (60) days from receipt of written notice of the necessity from the Department or other agency, unless a longer period of time is specifically authorized. (f) The execution and details of the work authorized shall be subject to the supervision and approval of the Department. Department personnel shall have right of access to accomplish this purpose. (g) The permittee shall file with the Department a properly executed acceptance of all terms and conditions of the permit within sixty(60)days of receipt of the permit;however,starting work on the construction authorized will be considered full acceptance by the permittee of the terms and conditions of the permit. (h) The Department in issuing this permit has relied upon the statements and representations made by the permittee; if any statement or representation made by the permittee is found to be false, the permit may be revoked at the option of the Department;and when a permit is revoked all rights of the permittee under the permit are voided. (i) If the project authorized by this permit is located in or along Lake Michigan or a meandered lake, the permittee and his successors shall make no claim whatsoever to any interest In any accretions caused by the project. Q) In issuing this permit,the Department does not approve the adequacy of the design or structural strength or the structure or improvement. (k) Noncompliance with the conditions of this permit will be considered grounds for revocation. (1) if the work permitted is not completed on or before Dec 31, 1995 this permit shall be void. THIS PERMIT is subject to further special conditions as follows: i �C W. J. BAUER CONSULTING ENGINEER 905 West Hillgrove Avenue,LaGrange,Illinois 60525 Telephone 708 352 9445 Telefax 708 352 0116 r Mr. Dale Durfey, Jr. , P .E. Jan. 24, 1992 Village Engineer Village of Oak Brook Village Hall 1200 Oak Brook Road Oak Brook, IL Subject : Approval of Dudek flood-protection drawings Dear Dale : Accompanying this letter is a set of 4 drawings showing the results of a survey made this week by LINDLEY & SONS, INC. , and also showing the cross sections and profiles which I made based on that survey . The survey was made from the Bench March which you provided to their surveyor, being Elev. 661 .44 at the top of the letters "MUE" cast into the top of the hydrant at Dudek NW corner. Description of Survey Work The survey consisted of the following elements (see Dwg DUDEK-1) : 1 . A grid of 20 feet x 20 feet with elevations at each grid point covering the area which is proposed to be borrow area. It comprises essentially the entire back yard of the property between the proposed flood dike/wall and the south lot line . 2 . A profile with elevations every 20 feet along the proposed centerline of the wall and the dike . 3 . Shots at the creek at the southwest corner of the lot, with shots taken at the top of bank, the water surface, and the creek bottom as far out as the rodman could hold the rod in the water. 4 . Shots on the top of foundation of the house, from which the elevation of the first floor could be calculated. 5 . Check of the distance of 327 .27 feet along the east lot line to verify that the correct iron pipe corner markers were being used in the survey. The grid in the borrow area was laid out from that easterly boundary line . 6 . Copy of the plat of survey by others on which the Lindley surveyor marked his stations and elevations . 7 . Tabulation of the elevations along the profile of the centerline of the dike/wall . M Borrow Pit Design In keeping with the guidelines given to me at the meeting of the Plan Commission last Monday night, I designed the borrow pit to create as much flood storage space as possible . My criteria were as follows : a. I used a low point of El . 651 . 0 at the bank of the creek near the southwest corner of the property as the point to which all of the borrow pit area would drain after the borrow pit would be completed. At the time of the survey, the water level was measured at E1 . 877T. feet, and the bottom of the creek near the bank was measured at 647 . 4 feet . It was estimated by the surveyor that the bottom of the creek further out would be about 647 feet . Thus, the design low point would be 2 feet or so above the normal water level . This would permit the area to drain over the surface . Also, we desire to install a grid of perforated plastic pipes with an invert 1 .5 feet below the completed surface of the borrow pit, and this would permit these pipes to drain 0 .5 feet or so above the typical water level . Such pipes would discharge into an outlet with a light-weight check valve in it to allow a one-way direction �� of the drainage flow. b. From the low point at El . 651 . 0 I used a grade of 1% running parallel to the east lot line, and also a grade of 1% running parallel to the south lot line, and laid out the bottom of the borrow pit on that basis . The plot of these results in the ,,U1 '7 . cross sections of drawing DUDEK-2 . On that same sheet I calculated the cross sectional area of each cross section and also - the total volume of cut in the borrow pit, which was 28, 640 cu. ft . C . I constructed an Exclusion Line around the house at a distance of 10 feet from it as shown on the drawing DUDEK-1 . On the side where the deck is located, I located the line at the west edge of the deck. Within this Exclusion Line I propose that there would be no requirement for compensatory storage . - d. From the profiles along the centerlines of the dike/wall and from knowledge of the shape of the land between those centerlines, I drew cross sections of lost flood storage area in"" the front yard of the property, which are labeled "E" through "I" . :.119'� }�„ The lost volume in the front yard was calculated to be 19, 980 cubic '71 ' feet . This work appears on drawing DUDEK-3 . '6 <L e . From the same profiles I calculated the lost ,flood storage volume along the east and west sides of the property on DUDEK-4 . These were respectively 4603 and 3280 cubic feet . The calculations S7. are shown on Drawing DUDEK-4 . There was no loss in flood storage r,C on the south, as the line of the dike/wall follows the Exclusion'-i Line around the house at a distance of 10 feet from the most southerly line of the house . 2 oZ� 0 Compensatory Storage Ratio On the basis of the above criteria and assumptions, I found the volume of lost flood storage up to E1 . 659 . 0 to be 27, 863 cubic feet . This is very close to the volume of 28, 640 cubic feet which I propose would be added to flood storage volume by the -7 construction of the borrow pit . The ratio of 28, 640 to 27, 863 is seen to be 1 : 1 for all practical purposes . Note, however, that this calculation has excluded the flood storage within the house and within 10 feet of the structure. The effect of this exclusion is discussed in the following paragraph. Exclusion of Flood Storage within 10 Feet of Building The area within the Exclusion Line is estimated to be 7800 square feet . The average depth of water storage within that area I estimated to be 4 feet . The total volume of flood storage excluded would then be 31, 200 cubic feet . This is seen to be about the same order of magnitude as the 27, 863 cubic feet calculated outside of the Exclusion Line. In the motion passed by the Planning Commission last Monday night, the use of the Exclusion Lines was approved. What is the impact of this exclusion on flood levels? Those who have analyzed the impact of the proposed 8000+ acre-feet of flood storage in the Elmhurst Quarry Reservoir have arrived at figures of 1 to 3 feet of effect on flood levels, depending upon location from the intake of the channel which would divert flow out of the creek and into the reservoir. Taking the highest of these figures, one can arrive at a ratio of 1 foot of flood level change per 2667 acre-feet of storage . If I use that criterion and calculate the impact of say 30, 000 cubic feet of flood storage space lost within the Exclusion Lines, which is 0 . 689 acre-feet, the answer is an effect of 0 .000258 feet, or 0 . 0031 inches . This is roughly the thickness of a sheet of paper. Effect in Setting a Precedent Suppose that 50 persons in Oak Brook were to erect flood protection of a sort similar to that of the Dudek' s proposal (and note that the others would on the average have lesser effects inasmuch as Dudek' s property is nearly the lowest along the creek) , then the effect on flood levels would not exceed 50 x 0 :003 = 0 . 155 inches or 0 . 013 feet . This is far less than the 0 . 1-foot effect which was considered negligible when analyses were made of the effect of the Elmhurst levee . Suppose that persons in 8 other villages up and down the stream were to do likewise, so that 400 persons would each spend say $30, 000 for a total of $12 million in flood protection works, then the effect would be 8 x 0 . 013 feet = 0 . 104 feet . This is seen to 3 �7 be nearly the same as the 0 . 1 foot change which was considered negligible by the State of Illinois in analyzing the Elmhurst levee project . It is evident that the exclusion of flood storage within 10 feet of the building for purposes of calculating the required amount of compensatory storage will not set a dangerous precedent, even if 500 persons imitate the Dudek' s lead and have properties equally subject to flooding. Effect of Enlarged Flow Section One can note on Drawing DUDEK-2 that one effect of the borrow pit will be to increase depths of flow of flood waters near the creek. Before the borrow pit, the typical depth of flow in this area up to E1 . 659 would be 5 feet . After the borrow pit, the depth would be 7 feet . This effect would exist for a width of 120 feet normal to the direction of flow and for 200 feet in the direction of the flow. Let us assume that the natural shape of the stream channel at this location up to a water surface elevation of 659 would be 12 feet of depth in the main channel for a width of 60 feet, plus two overbank sections averaging 5 feet deep x 150 feet wide. Let us further assume that the conveyance is proportional to the depth to . the 1 .5 power x width. The channel conveyance capacity before and after the borrow pit can be calculated as follows : Element Before After Main channel 60 x 12^1 .5 2, 494 2, 494 South overbank 150 x 5^1 .5 1, 677 1, 677 North overbank 150 x 5^1 .5 1, 677 North overbank 150 x 7^1 .5 2, 778 Totals 5, 848 6, 949 Percentage 100% 118 . 8% We thus see an increase in local conveyance capacity brought about by the excavation of the proposed borrow pit . What would be the effect of this on depths of flood flows? Because the discharge varies as the square root of the slope, an increase of 18 . 8% in conveyance would be offset by a 41% change in slope . Applying this change over the 200 feet of 0 . 0 . 075 miles of channel length involved, we have a stage reduction of 0 . 0.75 x 2 x 0 .4 = 0 . 067 feet . This reduction in stage brought about by the increased conveyance capacity of the stream over a length- of 200 feet is seen to be 22 times as large as the theoretical increase in stage by reasons of the loss of flood storage . The increase in flow area brought about by the excavation of the borrow pit is roughly 200 square feet . The cross sectional area before the construction of the borrow pit up to E1 . 659 would be 60 x 12 plus 300 x 5 = 720 + 1500 = 2220 sq. ft . The increment of 200 would bring the total to 2420 . A drop of 0 . 066 feet would average 4 e2�o j 0 . 033 feet over the 200-ft . length, and this would amount to a loss of flow area of 0 . 033 x (300 + 60) = 12 square feet. There would be a net gain of 200 - 12 = 188 square feet in flow area. This would result in a small drop in velocity, which goes along with the slightly flatter hydraulic slope in this reach by reason of the added capacity of the flood channel with the enlargement brought about with the excavation of the borrow pit . The decrease in local velocity would be on the order of 188/2220 = 8 .5% . Summary The following statements summarize our findings in calculating the proposed flood protection works at the Dudek property, 15 Yorkshire Woods : A. Based on excluding from consideration the volume of flood water storage up to El . 659 which would be within 10 feet of the building and within the building, the total volume of flood storage lost is calculated to be 27, 863 cubic feet . B. Based on using a low elevation of 651 . 0 at the bank of the creek at the southwest corner of the property and sloping at 1% upward from there both to the north and to the east, the volume of excavation from the borrow pit is calculated to be 28, 640 cubic feet . The ratio of compensatory storage to lost flood storage is then 28, 640/27, 863 = 1 . 028 . C. The theoretical effect of the volume of flood storage up to E1 . 659 . 0 and within ten feet of the building and within the building is to cause a rise in flood levels of 0 . 003 inches or 0 . 0025 feet, about the thickness of a sheet of ordinary paper. D. The theoretical effect of the increase in flood conveyance 1 which results from the excavation of the borrow pit is to cause a yQ .��• lowering of flood stage of 0 . 067 feet, or a little less than 1 inch. This theoretical lowering is seen to be many times larger, �L` { than the theoretical increase calculated in C. above. E. No dangerous precedent would be set by excluding from the compensatory flood storage calculations that volume of water which would be within 10 feet of the building and within the building. F. The low corner at E1 . 651 is roughly equal to the present level at that point . With the normal water level at 649 or lower, there is at least two feet of difference in elevation which could a be used to operate perforated pipe underdrains by gravity. G. Perforated pipe underdrains will be used inside the dike ! or wall to pick up seepage under that wall or dike . This system will drain to a pump pit . There would be a separate system of such underdrains to keep the bottom of the borrow pit in a useful ti condition for ordinary recreational activities during low flows. 5 Z5 H. Although not mentioned above, care would be taken in construction to strip and stockpile topsoil for later spreading back over the borrow pit area, as well as over the surfaces of the new dike. Also, suitable ground cover would be used on the 2 :1 7 side slopes of the dike and cuts around the borrow pit. Also, the replacement- pipe which would run along the ditch line parallel to Yorkshire Woods Drive adjacent to the Dudek property would be heavy duty concrete pipe, able to take the loads of vehicles over it, and also able to be cleaned if necessary. Conclusion We respectfully request your approval of the plans accompanying this letter and also of the explanations and calculations which are presented in this letter, which would then permit the matter to be considered by the Village Board as we understand the procedure . Very truly yours, A W. J. Bauer, P . E. Consulting Engineer Accompanying drawings : Drawings DUDEK-1, DUDEK-2, DUDEK-3, DUDEK-4 6 • 0 MRAFr VILLAGE OF OAK BROOK PLAN COMMISSION January 20, 1992 I. CALL MEETING TO ORDER The meeting was called to order at 7:35 p.m. II. ROLL CALL MEMBERS PRESENT: Members: Al Savino Tom Doyle Bernard Dudek Donald Haglund George Mueller Anthony Tappin Donald Sandstedt MEMBERS ABSENT: Members: None ALSO PRESENT: Trustee Kelly Skinner Engineer Dale Durfey Director of Code Enforcement Thomas R. Hawk III. APPROVAL OF MINUTES Member Tappin moved, seconded by Member Sandstedt, to waive the reading of the minutes and to approve them with one correction as follows: Page 2 Item V (5) Change the word "give" to "given" VOICE VOTE: All in favor - motion passed. � IV. ROOD DUDEK FLOOD PLAIN SPECIAL USE Plan Commission Member Bernard Dudek stepped down from his place on the Commission and took a seat in the audience since he has a direct interest in this case. The petitioner was represented by family members, Bernard and Jane Dudek, and by W.J. Bauer, the consulting engineer who designed the flood protection. Mr. Bauer made a presentation that described the proposal that included the following: 1) The lot is entirely within the flood plain/ floodway of Salt Creek and the home top of founda- tion is below the 100 year storm flood elevation. 2) The flood protection consists of a concrete wall and earthen berm around the home. 3) 32,000 cubic feet of compensatory storage is required. This determination does not include the volume of the home and strip 10 feet wide surrounding the hone. 24,000 cubic feet of compensa- tory storage is provided by excavation of the rear yard. 4) The plans were developed with active consultation with IDOT-DWR and that the original position by IDOT-DWR or their permit application has been reversed (see Dale Durfey's memo - page 15). PLAN COMMISSION Minutes -1- January 20, 1992 5) The flood protecti�ystem protects a large area of the front y> n order to provide for vehicular ingress/d4!'ess. The berm can be flattened in the area o the driveway to remove the steep driveway slopes. Engineer Durfey went over his memo of January 14, 1992. Most of the problems listed are design details which Mr. Bauer indicated could be resolved. The one serious deficiency was the compensatory storage. The plans submitted do not show any compensatory storage. Mr. Bauer indicated he would supply revised plans. It was stated that even with the potential protection provided by the proposed Elmhurst quarry project, the petitioner still wanted to pursue this proposal. A general discussion ensued and several questions by neighbors were answered. Mr. Bauer went over the 11 factors of Section 10-34c of the regulations and responded positively to all of them. There was no testimony by the public in opposition to this proposal. Member Doyle moved, seconded by Member Muelter, to recommend approval of the proposal and waiver of the requirement for additional compensatory storage over the 24,000 cubic feet provided. This motion is made in Light of positive findings regarding the eleven (11) factors of Section 10-34c. ROLL CALL VOTE: Aye Tom Doyle Goerge Mueller Donald Haglund Donald Sandstedt Anthony Tappin Nay Al Savino Motion passed. V. CHRIST CHURCH SPECIAL USE The petitioner was represented by Mr. Neyburn Johnson and Mr. George Howell who described the Church's request including the following: 1) The request is to amend the existing Special Use. 2) it is proposed to make building additions to provide a choir rehearsal room and additional classrooms. 3) The choir rehearsal room will be almost entirely below grade. 4) A general description of the proposed revised floor plan. A brief general discussion ensued. Granting of a bike path easement along York Road by the church was brought up but not pursued since it is a separate issue. There was no public testimony in opposition to this request. Member Sandstedt moved, seconded by Member Haglund, to recommend approval of the proposal amendment to Christ Church's Special Use. PLAN COMMISSION Minutes -2- January 20, 1992 VILLAGE OF OAK BROOK Minutes Jan. 14, 1992 UNOFFICIAL UNTIL APPRO D BY BOARD APPROVED AS WRITTEN 7 OR APPROVED WITH CORRECTIONS BY VILLAGE BOARD ON 1. MEETING CALL: CALL TO ORDER The Regular Meeting of the Board of Trustees was called to order by President Bushy in the Samuel E. Dean Board Room of the Village Commons at 7:32 p.m. Pledge of Allegiance was given. 2. ROLL CALL: ROLL CALL The Clerk called the roll with the following persons PRESENT: President Bushy, Trustees Bartecki, Krafthefer, Payovich, Skinner and Winters. ABSENT: Trustee Shumate. IN ATTENDANCE: Stephen Berley, Village Manager Richard A. Martens, Village Attorney Margaret C. Powers, Finance Officer Michael J. Meranda, Supt. of Public Works James R. Fleming, Police Chief Dale L. Durfey, Jr. , Village Engineer 3. ANNOUNCEMENTS & OPEN FORUM: None. 4. APPROVAL OF MINUTES: MINUTES Trustee Skinner moved to approve the Minutes of the Committee-of-the-Whole Meeting of December 9, 1991 as presented and waive the full. reading thereof. Seconded by Trustee Winters. VOICE VOTE: Motion carried. Trustee Skinner moved to approve the Minutes of the Regular Meeting of December 10, 1991 as amended and waive the full reading thereof. Seconded by Trustee Winters. VOICE VOTE: Motion carried. 5. CONSENT AGENDA: Trustee Payovich moved to approve the Consent Agenda. Seconded by Trustee Skinner. Roll Call Vote: Ayes: 5-Trustees Bartecki, Krafthefer, Payovich, Skinner and Winters. Nays: 0-None Absent: 1-Trustee Shumate. Motion carried. A. RESOLUTION NO R-548 1992/93 ILLINOIS DEPARTMENT OF TRANSPORTATION (IDOL RES. R- PERMIT RESOLUTION: Approved Omnibus Vote. 548 - 1992/9" IDOT PER11IT B. RESOLUTION NO. R-549 A RESOLUTION APPROVING AMENDMENTS TO EMPLOYEE PAY RES. R- n ' OR 1991 (Sports Core Personnel Reorganization : Approved Omnibus 549 EMPLOY. EE PAY PLAN VILLAGE OF OAK BROOK Minutes -1- January 14, 1992 s2� r C. R_E2UEST.FOR ONE-DAY LIQUOR LICENSE - WOMEN'S AUXILIARY OF INFANT LIQUOR LICENSI WELFARE SOCIETY OF CHICAGO: Approved Omnibus Vote. INFANT WELFARI D. OAK BROOK PARK DISTRICT - ANNUAL 10-K RUN AND FUN RUN: Approved O.B.PARK DIST. Omnibus Vote. 10-K & FUN RUi E. REQUEST FOR TIME EXTENSION - BRUSH HILL ACRES SUBDIVISION: Approved BRUSH HILL Omnibus Vote. ACRES SUB.-TIP EXTENSION F. REQUEST FOR REDUCTION IN SUBDIVISION SECURITY - BUCK/ERNIE PYLE 2ND BUCK/ERNIE PYI RESUBDIVISION: Approved Omnibus Vote. 2ND RESUB.-SUf SECURITY G. REQUEST FOR AUTHORIZATION TO NEGOTIATE PROFESSIONAL SERVICES CONTRACT WITH DONAHUE DONAHUE & ASSOCIATES REGARDING VILLAGE FULL WAIVER STATUS - DU PAGE COUNTY CONTRACT- STORMWATER/FLOOD PLAIN ORDINANCE: Approved Omnibus Vote. FLOOD PLAIN OF H. REQUEST FOR WAIVER OF PETITION AND PERMIT FEES - CHRIST CHURCH OF OAK CHRIST CHURCH BROOK: Approved Omnibus Vote. WAIVER OF PER- MIT FEES I. REFERRALS: REFERRALS: 1. ROOD (DUDEK) - F'LOOD PLAIN SPECIAL USE (15 Yorkshire Woods) -- ROOD(15 York- Referred to Plan Commission Meeting of January 20, 1992 and Zoning, shire Woods) Board of Appeals Meeting of February 4, 1992: Approved Omnibus Vote. FPSU 2. CHRIST CHURCH OF OAK BROOK - SPECIAL USE (501 Oak Brook Road) -- CHRIST CHURCH U Referred to Plan Commission Meeting of January 20, 1992 and Zoning (501 O.B.Rd.) Board of Appeals Meeting of February 4, 1992: Approved Omnibus VoteSPEC. USE PAYOUTS: J. RATIFICATION OF PAYOUT - MADER ROOFING - PAYOUT #1 & FINAL - LIBRARY ROOF: LIBRARY Approved Omnibus Vote. ROOF- MADER $12,600.00 K. PAYOUTS: 1. JAMES J. BENES & ASSOCIATES - PAYOUT #2 - JORIE BOULEVARD - FAUS - JORIE BLVD. PROFESSIONAL ENGINEERING SERVICES: Approved Omnibus Vote. FAUS- BENES $7,756.19 2. JAMES J. GENES & ASSOCIATES - PAYOUT #6 - 1991 PAVING PROJECT: '91 PAVING PR, Approved Omnibus Vote. BENES $6,789.65 3. INTERGOVERNMENTAL RISK MANAGEMENT AGENCY (IRMA) 1992 ANNUAL IRYA ANNUAL CONTRIBUTION: Approved Omnibus Vote. CONTRIBUTION $294,135.00 4. DUPAGE WATER COMMISSION - PAYOUT #29 - FIXED COSTS: Approved Omnibus DWC-FIXED Vote. COST$75,044.3. 5. CRAWFORD, MURPHY & TILLY, INC. - PAYOUT #6 - 8CS & 9CS CONSTRUCTION 8CS & 9CS SERVICES: Approved Omnibus Vote. CMT-$7,322.64 6. DOMINIC FIORDIROSA CONSTRUCTION COMPANY - PAYOUT #2 - 1991 DRAINAGE 191 DRAINAGE PROJECT: Approved Omnibus Vote. $9,147.55 7 . DOMINIC FIORDIROSA CONSTRUCTION COMPANY - PAYOUT #3 - 1991 WATERMPiIN191 WATERMAI; PROJECT: Approved Omnibus Vote. $33,144.03 VILLAGE OF OAK BROOK Minutes -2- January 14; 1992 -� VL�o°OfTkIE I OU PAGE AND COOK�NTIEB.RING pd°i1BlIC HEA NOTICE r HEREBY Ap ,d the"Vllloaps d Odt�B�lt D 2 Ad s ���OouMlss,Oink.�1 be to rock R°ad i Brosk VOeg loation d Mr. 7�`w�Purposed lo.r a u:::ne errs other for a Flood roiling d a rrsceas»ry and ePproprtoo rend to allow 1�deP"k"sill resaendild p,uclure correlstkp d.In pen• bernw P��under Wlon 10 34 d=the Brock Code. prap�r1� be genera BY described as 15 Yerltshlre The Woods.Oslt nrOOk Illlnds.andd the legal description Is as 10110 , In Section 2< Lot 1S M Yorkshire Woods.t;eubf d third principle Iontle{ T Won.In Owe` ^y Illinois.4,147.as u the BER'S CERTIFICATE { plat thered recorded recorded a 88 C)Ocu as d nurn 6F number 534058 and recorded ss DecumeM numbs 535991 M DuPage(pUMy.Illinois Permanent Parcel x be 102 In s�„t d or In opposition desirMq to be heard Ion Use to the �feposed FloodaPlai nSpec�to do so and mey subrit be stwo 1 ;; ` m liffm d pSID9 Is ce, a true copy of which is attached to this certificate, to an d the notice of is given by ne"l)" Pubikiy annunoed than h (S/days Prbr to the date d the ti P„blloatwn nt I••e ck and each week for 0m!. . . . . weeks successively; that the recessed nlon�pgcetbn k an tik with the Village The with the Director d Code ErdorcerrO L Pet,son�wishing h 5th . . . . . day of . January. . . . A. D. 192?. . . . , and e,,nine the Pethlon documen Thomas 1larrk.1212 Osk Brock Code EntoroemeM. O`Roodd° 3045 i ua M s,l8yhe d of. . . . . . 19 . a adaaoa 110% 1. 4 • • ay A D uE ui s�i;uopaas ul 1 �i •anoiduit o�17.J a�,�:i ri� ti�Ci' R'1'IFIED 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 apd 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 5 of"An Act to revise the law in relation to notices," 1874, Feb. 13, R.S. 1874,p. 723, § 5,as amended 1959,Ju- ly 17, Laws 1959,p. 1494, § 1;and is also a"newspaper"as defined by Section 1 of"An Act con- cerning the publication of legal notices," 1909,June 8,Laws 1909,p. 288, § 1,as amended 1927, June 29, Laws 1927, p. 603, § 1,and as further amended 1945, April 12, Laws 1945, p. 1089, § 1, and as further amended in 1957, July 9, Laws 1957, p. 2270, § 1, and as further amended 1959, July 17, Laws 1959, p. 1496, § 1; and that said THE DOINGS has been continuously published at regular intervals of at least once each week with a minimum of 50 issues per year for over one year prior to the first publication of the attached notice. IN WITNESS WHEREOF, one of the co-publishers of said THE DOINGS has affixed his hand and seal this IE i j . . . . . . . . . . . . . .16th. . . . . . . . . . . . . . day of . .January . . . . . . . . . . . . . . . . . . ., A.D. 19 92. . . . Publishers Charge . , , , 46.06 Publisher ' 1 a s � QG�or-OAK 9q 1 00 FCOUNS� VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 January 14 , 1992 708 990- 3000 Illinois Department of Conservation Division of Natural Heritage 524 South Second Street Springfield, Illinois 62701-1787 RE : Flood Plain Special Use Rood/Dudek �I Gentlemen: Enclosed please find your "Endangered Species Consultation agency Action Report" form which I have filled out . A private resident in Oak Brook is proposing to regrade their property and construct a levee and floodwall around their home to protect them from flooding from Salt Creek . They presently have an application for Flood Plain Special Use before the Villa-e of Oak Brook which we are considerino, . 1 understand that you must review this type of construction activity . Please review this item and let me know your determination as soon as possible . S irncer - y, (c' Dale L . Durfey . Jr . F . E . , Vi l lag e Engineer DI.D/e t.:-- c : Toni Hawk , Director of Code Enforcement' Official File Mrs . Jane R. Dudek Illinois Department of Conservation life and land together LINCOLN TOWER PLAZA • 524 SOUTH SECOND STREET • SPRINGFIELD 62701-1787 CHICAGO OFFICE • ROOM 4-300 • 100 WEST RANDOLPH 60601 BRENT MANNING, DIRECTOR ENDANGERED SPECIES CONSULTATION AGENCY ACTION REPORT Date Submitted: January 14, 1992 PROJCODE: Date Due: For Office Use Only Agency Name: VILLAGE OF OAK BROOK Contact Person: Dale L. Durfey, Jr. , P.E. Phone: (708)990-3010 Agency Address: 1200 Oak Brook Road Oak Brook, Illinois 60521 DESCRIBE PRECISE LOCATION OF PROPOSED ACTION County(ies) : DuPage City/Town: Oak Brook Township/Range/Section: Township 39 North, Range 11 East, Northwest Quarter Section U.S.G.S. Quad Map Name (s) : -Hinsdale Brief Description of the Proposed Action: Resident has requested a Flood Plain Special Use to regrade and build a levee and floodwall around their home. 15 Yorkshire Woods, Oak Brook, Illinois 60521 Please enclose a map delineating the location of the proposed action. FOR NATURAL HERITAGE USE ONLY QUADCODE (S) : Are there threatened/endangered species or natural areas located within the vicinity of the project? [ Yes No I The consultation process is terminated? l Yes i No I If 'No', complete the enclosed Detailed Agency Action Report to continue the consultation process. Evaluation Approved by: �q r l .. I {�6inL) A oP, F I S F OCIP W n ---(714 --- E�is� El-EYA-r�oti1 — —714 00 --------- �,x►sT. GUt�TO v R .O a Ro.+16 38 � Yom e kFW PCEA C Lcrf �g 1�1 a Yo RIK S H 1 LE 3 WAS - o K'y tEEt �� F oAkB�� �`- 5►+�PPi� 41 a CEP• .� ,,.�* ►- �_ EX I S • 1 MAP ( y- Q E-W I.0 0 4 � AWE /8 OF 0Ak 0 "t COUNO, VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 Ja,iiijar-y 14 , 1992 708 990-3000 MEMO Tk�,?: Tom i) i ,-.c ! or of Code l."jiforcement FRO,A : Jr . . P . '. PI .-, ilk S'p( Cial U-;c• - Rood/Dudck YU1Rs1,ijr-.,- t'loods I havc ri.-Vicv. cd the above :-, tatcd application and its attachments and offer the 1'ollowimg comment ;: : 1 . The app ! i :,alif i ,-. propo:; ini to construct a concrete wall and earthen berm arotind the perimeter of their home in order to protect it from f I ood j as . Host of the homi, I ies, within the Salt Creek Floodway and tile appi icon '. has applied to IDOT/DWR since a floodway permit from like State is ri.-killirvd . ijiif ,. ;tlly r(-,,'-;P0I1dod that use of floodivalls and berms to protect •11, existing holli(- from flooding i s an appropriate use of a .�o ;1s oi-It.,.; idC too of the floodi-.,all or berm is no more than Ceit 10 fc t from the exterior wall of the existing s t I,i-i c L,,i r ID01' 1has concltided that the current plans do riot meet this ! eii ( 10 ' ) foot requirement and that revised plan need to be ,;!I bot i t (I 2 . The hi 41i-wa f c I, IC vc I at this section of Salt Creek is 659 . 2 based upon t I i c, I DOT R c it I a t o ry Hood P r o f i I c s and the FEW-k Flood lllsllrall(,c Rat (", Map . Thi- riotationk on the plan of 659 . 0 is neo r I. - ct 3 - The t-OP c1Ovirtion (-)f I lic, proposed f I oodwa I I /be I'll] is 660 . 0 . 4 The apt) t i cant i , F)i ()pos i jig to f I oodproof much more than the exis' l ill,° s t r!lc and also includes most of the front yard . This front Ylll-d section falls I% ithin the Salt Creek flood fringe area . The t i I I agcy I I('(,: I (, cores i (I v r the p o I i ey (I e(-. i s ion o f whether i t w i I I approve () r I c I I a I a r g-e f I o o d p r o o f i n g of pr i v a to proper ty r a 1 1)(-r f Bari 1 i t k, I' I ,i o d p I-o()f i.I I g� of a s t r u c t it r e. For reference, the only other residential floodproofing application was for Dr . Bruce on Forest. Trail . That. rior)(1proofing application was only for the bllildill� and included very little yard . 17 Mr . Tom llank Janit:Ir.1 14 . 199 fags l . 1'h i al_�h I i c�a t. i can h,a:; not i ue. I uded any r_ompeusatory s I.orage . IDOT ' s currc rat l>nci t irfri that Ihvy do not require compensatory storage fear the f luodl,I (mI' ilik, or an existing strueti_rrc provided that the 1' lcaoclpruc) I' int; orcet :: t.hcir len ( 1Q ' ) foot. require[nenI. . It is Illy opinion ! hat ] DOT ' s reg,111 ,:11: ion in this regard is reasonable and fill' ( Ilfc- Vi I lags ,Icollld also approve of a similar requirement . F'�egar�lin��.. the I)repo::cd rIoodprooring beyond the ten ( 10 ' ) foot di tancc that concclat ha:- serious ramifications . It then becomes a Ina t. tcr of, jud-- cnrcnt. as t.o how far one can reasonably go from the structnr=- I)cfore compensalory storage is required . The current appl ic:at ion mes},; !rl :, sa maximum of ninety-five ( 95 ' ) feet in front of the homey which appears to be excessive . Tile Vi l lat e needs to (k-c,. Idc the policy decision of whether it will require cornperasatory storage for floodproofing of an existing :; t rm", tare and ! o.; !',ar a;tay from that structure it will be measured . G . This uaorliirag , tic:: Llil'agc County Board voted to acquire the Elmhurst Quarrti a;, part: of i I ,: Salt Creels Interim Watershed flan . This a; i11 l>ro , idc? :; ij4 uific,a11 t flood reduction and belt el' its to this eIA ion of Oak Brook . PrclimiIt ary figures from the County state that the JIM year high-a,satc-r Ievel of Salt Creek along this area Corlld bc• ► educed b,y approximately 1 . 7 if that is in fact the ca:;; this proj; c: t aright be overly aggressive . The applicant should recl,rcin4; !.hr scope of their project in light of the Col_rnt.y ' ;- proposed Salt Crests Flood Improvements which could also save o1' money. 7 . The drag, i rah ncc l:: to t ate the benchmark 1'rom wlai cl1 the topography generates) ,):; tse 11 o:; cril'y that the topography is cur-rent . The 1 :15:; topograplr,•,- which c;a.; submitted with the application is too old to he considc:rc:ct curr•caat and a surveyor or engineer needs to ccr t i 1'y as to t.hc correc traess of the topography as submitted. Itegardil►t the benchmark . 1110 Village ' s benchmark system must be lit, I I � . The propo:,cd 2 : 1 side slope on tI1e berm will not. be maintainable.. The drateings sholtI (I depict some type of proposed ground cover which have, c Ilia itlI aiItcd . 9 . The tole-or-folrnclal loll of 1_LIC home must be stated to the nearest buudretl l h sal' ,I roof . 10 . The proposal to connect i:lcc tIvO ( 2 ) drivewsay culverts along lorkshire tt,'oc,d:, ill incorrect as; shown and must he designed as a :;y;; tem U t i I iziI storm sealer materials . JanuarN 14 . 1992 Page 3 l 1 . The propo;;cct r:ki :; ink o1' the driveway at the Proposed berm will produce rades �,.hich are excessively steep and xvill make it rli 1,1, icll t , i1' 111) 1. impossihla: , for vehicles to 1.1•ave I's e the berm. These grades nccd t he flattened significantly should the ViIIage approvti' of thi :, ))(-rminj4 ci)lwept . Respect -111Y submitted. Illawl Dale L . Durfey , Jr . , P. G. , DLD/c tg Village Engincer roodI -1 .1 /5 G�OF Oq,,Bq P OOf. O N G O 4 `t� COUN1r VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990-3000 January 9, 1992 Mr. Rood 15 Yorkshire Woods Drive Oak Brook, IL 60521 Dear Mr. Rood: Your application for a Flood Plain Special. Use to allow flood- proofing at 15 Yorkshire Woods Drive has been received. The following meeting dates have been scheduled: Plan Commission January 20, 1992 at 7 : 30 p.m. Zoning Board of Appeals February 4 , 1992 at 7: 30 p.m. Board of Trustees February 28, 1992 at 7: 30 p.m. (tenative) All meetings are in the Dean Board Room at the Village Nall, 1200 Oak Brook Road. Please call me if you have any questions. Si erely, Thomas R. Hawk Director of Code Enforcement cc: petition files rood.1 • G�OF OqK 9 P AO O O N G O FCOU140 VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990-3000 January 8, 1992 Dear Resident: The Oak Brook Plan Commission and/or Zoning Board of Appeals, and the Village Board will be considering a: Flood Plain Special Use at the meetings as scheduled on the reverse side of this notice. The application has been filed by: James L. Rood Relationship of applicant to property: Trust Beneficiary Name of subdivision (if applicable) : Yorkshire Woods The property in question is located at: 15 Yorkshire Woods Drive Also shown on the reverse side is a map of the area to assist you in determining your relationship to the property in question. The request which has been made is as follows: Approval of a Flood Plain Special Use to permit construction of a flood protection system comprised of a concrete wall and berm. If you desire more detailed information, please contact me at the Building Department to review the file on this application. I look forward to your attendance at the public meetings. sincerely yours, Thomas R. Hawk Director of Code Enforcement /3 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. , Mon. , Jan. 20, 1992 Zoning Board of Appeals . . . . 7: 30 p.m. , Tues. , Feb. 4, 1992 Board of Trustees Meeting . . . 7: 30 p.m. , Tues. , Feb. 25, 1992 *tentative -T r 11_� _� -r o ?G3 102 Io1 1 K1 147135�C1111b711o1 6 33 a = .F 10 —+ 1 r t o 10� YORx• i 115 117 120 0 123184170'158146134, Iab 82 6G 1u o 131 WooDS a 131 12 ; Q 133 148 pgEEN L_E AF ORIVE 145 �+ 17111851 17 157114 13 131 5a 39 Qu x ju �°'4E a 60 . 43 i J 2fSi 231 1 1 122 /o `\5S /61 25 Z� ' Z9I i 31 32 27 z Io� 4 I {�° 1d 3 1 (97 ` :c. �4 33 A 101 23 S4 S5 57, a p, T a, 13 3131 1 89 83 75 2 Z s a� 1T1 i 21 0 53 48 3s Z 25 Bob g 2v 7 51 S oo�s 47 1c 9n 18 39 3s 3 t 341 `p SQ3 N MERRY I/ ARKS E 807 o GI 9 13 9 01 7 gr all Ib 15 14 13 1 11 to C b 3� 006 377 i 435 1 LO 44 440 96r 119 81 Bog 716 71 X4 54 s 911119 R O A 1 7O1 P. Ij d� 9V G�OF Oqk 9 P ADO � f G 0 �COUNIy VI LLAG E OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990-3000 January 2, 1991 MEMO TO: President and Board of Trustees FROM: Stephen Berley and Tom Hawk SUBJECT: Referrals and fee waiver request for the Board of Trustee agenda of January 14, 1991 We are processing the following petitions: 1. James L. Rood (Dudek) , 15 Yorkshire Woods petition for Flood Plain Special Use to allow construction of a flood protection system consisting of a concrete wall and berm. 2. Christ Church of Oak Brook, 501 Oak Brook Road, petition to amend their Special Use to allow construction of a choir rehearsal room and additional classroom facilities. Christ Church is requesting waiver of petition fees and permit fees. A copy of their request and the Ordinances pertaining to such requests are attached. Historically, the Board has waived petition, application fees and building permit fees for Christ Church. Please refer all three of these requests to the Plan Commission meeting of January 20, 1992 for review, and to the Zoning Board of Appeals meeting of February 4, 1992 for the required public hearings. Respectfully submitted, Stephen Ber ey Vi age Manager Tom awk Director of Code Enforcement TRH/11 att. • • C. Chime Order #2 - Crawford, Murphy & Tilly, Inc. - 16th Street/Spring Road 8CS & 9CS 22nd Street/Jorie Boulevard Rehabilitation: CMT i CHANGE ORDET Trustee Payovich moved to approve Change Order No. 2 which subtracts f $81,067.10 from the Crawford, Murphy & Tilly contract. Seconded by Trustee Bartecki. Voice Vote: Motion carried. D. Approval of Quote for New Golf Carts: GOLF CARTS LEASE/PURCHASE Bruce Johnson, Sales Representative from E-Z GO Golf Cart, commented on AGREEMENT the usage of the battery for the proposed carts. Trustee Krafthefer moved to enter into a four-year lease/purchase agreement with Textron Industries for 65 E-Z GO Golf Cars at a yearly cost in the not-to-exceed amount of $38,025.00. Seconded by Trustee Winters. Roll Call Vote: Ayes: 4-Trustees Krafthefer, Payovich, Winters and President Bushy. Nays: 3-Trustees Bartecki, Shumate and Skinner. Absent: 0-None. Motion carried. 0. NEW BUSINESS: Request for Waiver of Special Use Fees from J.E. Rood and B.J. Dudek (15 WAIVER OF Yorkshire Woods Drive) : FEES 15 YORKSHIRE Trustee Skinner moved to authorize the applicant's request for a waiver of WOODS DRIVE the fee for a Flood Plain Special Use application. Seconded by Trustee Payovich. Roll Call Vote: Ayes: 6-Trustees Bartecki, Krafthefer, Payovich, Shumate, Skinner and Winters. Nays: 0-None. Absent: 0-None. Motion carried. B. Request for Authorization to Acquire Computer Hardware with DuPage Library COMPUTER System: HARDWARD/ DuPAGE Trustee Shumate moved to amend motion due to uniqueness of the equipment LIBRARY and a single source vendor and waive competitive bidding and purchase SYSTEM hardware from CLSI for $14,964.00; enter into a Letter of Agreement with DLS for five (5) years at an annual cost of $7,740.00 and reduce the monthly charge by $10.00. Seconded by Trustee Bartecki. Roll Call Vote: Ayes: 6-Trustees Bartecki, Krafthefer, Payovich, Shumate, Skinner and Winters. Nays: 0-None. Absent: 0-None. Motion carried. C. Request for Authorization to Accept Quote for Replacement of Valve for REPLACEMENT East Side Elevated Water Storage Tank: VALVE - OL IV a all* I TAW MAW"J"a VA0699MA0 toll 11,01W 1 01,1444 "fo-0 storage tank at a cost not to exceed $1 ,00.00 and waive competitive VILLAGE OF OAK BROOK Minutes. -6- December 10, 1991 ,6 �� OF Oqk e /�• ' i PG q pp� 0 4 � F ` COUNT VI LLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 December 5, 1991 708 990-3000 MEMO TO: President Bushy and Board of Trustees FROM: Stephen Berley and Tom Hawk SUBJECT: Dudek Waiver of Fee Request When asked by the Dudeks for a waiver of fees for their Flood Plain Special Use request, we indicated to them that this request should be addressed to the President and Board of Trustees. ( 5,e e {-+"L h e C( L-it e, b XKA Historically, the Board has waived fees under similar circumstances on two occasions as follows: 1. Ordinance S-614, dated September 22, 1987, waived building permit fees for repairs made necessary by the 1987 flood fora period o one year. A copy of the ordinance is attached. L E.X��i %� a�1 2. The Board, by motion on May 10, 1988, waived the Flood Plain Special Use and Variation fees for Dr. Bruce of 459 Forest rail. A copy of ( the meeting minutes is attached. EAk ib 1+ 33 All of these requests do stem from the Salt Creek flood situation. Also attached is a copy of the Waiver of Fee provision of the Village code. � Exl,► b � } �f Respectfully sumbitted, Stephen Berley Village Manager I- T.om awk Director of Code Enforcement TRH/11 att. cc: 15 Yorkshire Woods Drive file December 2, 1991 President Karen M. Bushy Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60521 = Re: Request for Waiver of Fees `! 1 DEC -3 1991 J. L. Rood / B. J. Dudek Residence u� 15 Yorkshire Woods Drive u `� Dear President Bushy: Within the next few days we will be submitting to the Village of Oak Brook an application (with appropriate documentation) for a permit to construct a flood protection system for our residence. Our history of flood problems is notorious and we are sure it comes as no surprise that we have been investigating meaningful avenues to mitigate the continuous threat to our property. We have noted with interest that because we plan to protect ourselves within flood fringe/floodway designated land, we are required by village ordinance to apply for a special use accommodation and therefore are required to pay a $675. 00 fee for this consideration. As victims of the 1987 flood, who sustained losses in excess to $160, 000. 00, and are likewise required to purchase annual flood insurance at additional costs in the hundreds of dollars, we feel that to be further burdened by extensive fees is counterproductive. Although we do not have final construction estimates, our program as designed is estimated at a cost of $50, 000. 00 plus, another substantial outlay to keep other people's water from harming our property. We therefore ask you and your fellow board members to consider waiving these fees to enable us to concentrate our financial focus in a positive and productive direction. You may recall that precedent for this sort of waiver was set back in late 1987 when the then convened Board of Trustees voted to waive building permit fees for permits issued to flood damaged structures which required repair and restoration. An ounce of prevention is worth a pound of cure, and $675. 00 will purchase a substantial distance of concrete wall for us. i Your expeditious consideration (December 10, 1991 Board Meeting agenda) of this request is most appreciated. We will be happy to answer any questions you may have in this regard. sincerely, J. L. Rood Bernar Dudek ane R. Dudek f 4=XP 11-311 f ORDINANCE S- 614 I i AN ORDINANCE AMENDING SECTION 5-7 OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK AND PROVIDING FOR A WAIVER OF BUILDING PERMIT FEES IN CERTAIN INSTANCES WHEREAS, heavy rains and floodings have caused substantial damage to various properties in the Village of Oak Brook resulting from rains commencing initially on August 14, 1987; and WHEREAS, to effect repairs for said damage, building permits in most instances will be required; and WHEREAS, the Village President and Board of Trustees deem it appropriate to provide for the waiver of building permit fees otherwise due in such instances; 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 Section 5-7 of the Code of Ordinances of the Village of Oak Brook be and is hereby amended so as to provide that fees for building permits requested to repair properties suffering flood damage from the storms of August, 1987 shall be waived. Said waiver shall only apply to the replacement of any portion of any structure damaged by said storms and no waiver shall apply to any additions or expansions to any such property. Section 2: That the provision of this Ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law from September 1, 1987 to September 1, 1988 and shall only be applicable to the flood damaged properties as outlined herein. Section 3: That the Village Clerk is hereby authorized and directed to publish this Ordinance in pamphlet form in the mariner provided by law. PASSED THIS 22nd day of September , 1987. Ayes: Trustees Bartecki , Bushy, Imrte, Maher, Rush and Winters Nays: None Absent: Name APPROVED THIS 22nd day of September 19 67. 111ol- V11 lage Preside t , ATTEST: Vill ge Clerk Approved as to Form: Published 9-71-R7 Pantph Iet FnrnL Date Paper {j t ?t{n ltve'iny Nut P'uFailntrnd VLLLAG OAK BROOK Minutt -5- , 1111y 10, i,P3�1 Revenue Fund Balance Corporate Fund $1,021,940.54 $5,319,239.81 Motor Fuel Tax Fund 10,011.74 214,478.33 Reserve For Capital Purchases -0- 449,869.32 Debt Service Fund 16,002.05 52,905.27 Sports Core Fund 156,024.72 163,491.94 Water Fund 144,058.21 6,586,803.69 VOICE VOTE: All present, in favor. So ordered. V. OLD BUSINESS: A. Fogarty - Rear Yard Variation (3814 Washington Street): Tabled at the Regular Meeting of April 26, 1988. Trustee Bushy moved, seconded by Trustee Bartecki... To table this matter to the next Regular Meeting of May 24, 1988. VOICE VOTE: All present, in favor. So ordered. B. Jage - Side Yard Variation (3323 Heritage Oaks Court): On May 3, 1988, the Zoning Board of Appeals recommended approval of the requested side yard variation to permit construction of the roof overhang of the house to encroach approximately 2.25 feet into the 18- foot Required Side Yard based on the fact that the current Pneroncliment was not caused by the present owner and is not detrimental to the neighborhood. Trustee Winters moved, seconded by Trustee Bartecki... To concur with the recommendation of the Zoning Board of Appeals and direct the Village Attorney to draft the necessary documents to effectuate same. VOICE VOTE: All present, in favor. So ordered. C. Report of Activities - 1. Finance: Trustee Bartecki - Audit for Fiscal Year ending, April 30, 1988 was in progress with a report due in August. Software for computers is under study. Requested financial statement from the Bath & Tennis using new guidelines. 2. Personnel: Trustee Bushy - Staff was commended for quick response following fire at Hinsdale telephone office. Library survey results had been discussed. 3. Public Safety & Traffic: Trustee Rush - Patrolman King worked on an investigation that led to a multi-agency arrest. i I 4. Public Works & Library: Trustee Imrie - Recognized Public Works Department for their work during telephone outage. Made favorable comments about library survey. 5. Sports Core: Trustee Maher - Absent. 6. Zoning & Planning: Trustee Winters - Mother's Day brunch at the Pnth A Tennis Club was an "excellent event". Comprehensive Plan update in still in the works, survey response was about 50 percent and hearings on the results should be about mid-July. VI. NEW BUSINESS: Bruce - Waiver of Fees - Flood Plain Special Use & Front and Side Yard C/ Variations 459 Forest Trail): Dr. Clara Bruce, as represented by Steve Jaskowink, Architect, has mnde application for a flood plain special use and front and side yard variations and based upon her particular hardship, she has requested that the associated fees be waived. The filing fee related to n vr1.LA(17 OV nAv nonov m;n„ .n VILO OF OAK BROOK Minu a -F- Mny 10, 111HII variation for habitable trailer was waived at the Regular Meeting of October 27, 1987. f i Trustee Winters moved, seconded by Trustee Imrie... JTo authorize the applicant's requests for a waiver of the fees in the amount of $675.00 for the flood plain special use and $600.00 for the two zoning variations. ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Imrie, Rush, Winters and President Cerne. Nays: None Absent: Trustee Maher. So ordered. B. Butler National Rain Shelter: Proposed construction is on property that has not been recorded as a "Lot of Record" as required by the Building Code. The Butler National Golf Club Final Plat has not been executed. Trustee Winters moved, seconded by Trustee Imrie... That the Butler National Golf Club be issued a building permit for the proposed 20 foot by 20 foot rain shelter ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Imrie, Winters and President Cerne. Nays: Trustee Rush Absent: Trustee Maher. So ordered. C. Illinois State Toll Highway Authority (ISTHA) - 22nd Street/Spri I ng Road Tollway Improvements - Waiver of Permit Fees d Bond Requirements: Trustee Rush moved, seconded by Trustee Imrie... To waive all permit and bond fees in relation to the proposed improvements being accomplished by the Illinois State Toll Highway Authority at 22nd Street and Spring Road. ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Imrie, Rush, Winters and President Cerne. Nays: None Absent: Trustee Maher. So ordered. D. 1988 Watermain Extensions - Project No. 88-1202 - Roosevelt Road and Stafford Lane - Bid Recommendation: Fourteen (14) contractors were contacted, five (5) took out plans and one (1) submitted a bid. Trustee Imrie moved, seconded by Trustee Rush... To reject the only bid submitted by Swallow Construction Corporation. VOICE VOTE: All present, in favor. So ordered. Trustee Imrie moved, seconded by Trustee Rush... To authorize a contract with Ellas Construction Company, Inc. for the 1988 Water Main Extension project at Roosevelt Road - Salt Creek to Euclid and Stafford Lane - Cul-de-sac to York Road in the totsil amount of $39,372.00 and waive competitive bidding due to the fact that this project must be done in a timely fashion, the one bid received win extremely high and the price received from this contractor is extremely favorable to the Village. VILLAGE OF OAK BROOK Minutes -6- MAY 10, 1')AB I 3 2.225 OAK BROOK CODE Estimated Cost of Basic Minimum Fee Construction of Land (as a Percentage Improvements Of Estimated Cost) Less than $10,000.00 . . . . . . . . . . . . . $250.00 $10,000.00 to $20,000.00 . . . . . . . . . . . 2.25% $20,000.00 to $50,000.00 . . . . . . . . . . . . 2.0% $50,000.00 and over. . . . . . . . . . . . . . . 1.50% r Said fees shall be for the periodic inspection of the improvements which are to be within public rights-of-way or easements and not covered by (� other inspection departments of the village. - - - (5) Resubmissions.Upon resubmission of any final plat which has not been recorded because of noncompliance with = , the provisions of Section 6 of Article VI of the Subdivi- sion Regulations, the fees enumerated under subsections ! =_ (2), (3) and (4) hereof shall be paid, notwithstanding : ; .~.. any prior paymerit. (f) Application for amendment or variation underr"_ subdivision regulations . . . . . . . . . . . . . . . . . . . . 300.00. (g) Application for certificate of appropriateness in -- -== the Historic Graue Mill Gateway Area . . . . . . . . 300.00 t- r�-- (Ord. No. G-289, § 1, 3-24-81; Ord. No. G-301, § 2, 8-11-81; Ord. ==_ No. G-324, § 3, 6-8-82; Ord. No. G-381, § 2, 5-27-86) � '_._... ��:-- Sec. 2-0226. Waiver of Fees. Any governmental unit or any charitable organization as defined in "an act to regulate solicitation and collection of - - funds for charitable purposes, providing for violations --- thereof and making an appropriation therefor", Chapter 23 =-- Illinois Revised Statutes 1979, Sections 5101, et sequitur, may request waiver of any fees established in this article. -.-_ Upon such request the president and board of trustees may, irk its discretion, waive any such fees imposed pursuant to the terms of this article. (Ord. No. G-289, § 1, 3-24-81) ,app. No. as t= ... ..._... r •� ,: AIM �*ss // g lU .34 OAK BROOK CODE (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site; and (11) ' Such other factors which are relevant to the purposes i of this article. I (d) Conditions Attached to Special Use Permits: Upon consideration of the zoning board of appeals and the plan commission recommendations, the factors listed above, and the purpose of this article, the president and board of trustees may by ordinance grant, deny or attach such conditions to the granting of special use permits as they deem necessary to further the purposes of this article. Among such conditions, without limitation because of i specific enumeration, may be included: (1) Modification of waste disposal and water-supply facilities; (2) Limitations on periods of use and operation; (3) Imposition on operational controls, deposit of surety bonds and deed restrictions; (4) Requirements for construction of channel modifica- tions, dikes, levees and other protective measures; and (5) hloodproofing measures designed to be consistent with the flood protection elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the 100-year flood. In this event the Y president and board of trustees shall require that the applicant submit a plan or document certified by a registered structural engineer that the floodproofing measures are consistent with the flood protection elevation and associated flood factors for the particular area and shall be provided in accordance with the standards for completely floodproofed structures contained within the United States Army Corps of Engineers publica- Supp. No. 3 636 w PLANNING AND ZONING § 10-34 velocities; the seriousness of flood damage to the use; the adequacy of the plans for protection; and other technical matters. (3) Based upon the technical evaluation of the village engineer, determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. (c) Factors Upon Which the Recommendations of the Zoning Board of Appeals and the Plan Commission Shall Be Based: In making recommendations upon applications for special use permits, the zoning board of appeals and the plan commission shall consider all relevant factors specified in other sections of this article, including but not limited to the following: (1) The danger to life and property due to increased flood heights or velocities caused by encroachments; (2) The danger that materials may be swept onto other lands, or cross-stream, upstream or downstream to the injury of others; (3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions; (4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners; (5) The importance of the services provided by the proposed facility to the community. (6) The requirements of the facility for a waterfront location; (7) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; (8) The relationship of the proposed use to the compre- hensive plan and floodplain management program for the area; Supp. No. 3 635 A 1 r y I / 1 G 7 2 u ZONING ORDINANCE FLOOD PLAIN VI LLAGE OF OAK BROOK 1200 OAK BROOK ROAD Appeal Variation OAK BROOK, IL 60521 $100 $300 990-3000 Variation X� Special:Use $300 x$w6kx APPLICATION FOR PUBLIC HEARING Fee waived per E] Amendment Village Board TO BE FILED WITH VILLAGE CLERK $650 12/10/91 Special Use $400 ALL APPLICATIONS MUST BE ACCOMPANIED BY PROPER FEE, PLAT OF SURVEY, AND 10 COPIES' OF A SCALE DRAWING, SHOWING AI.L PERTINENT APPLICABLE INFORMATION; i.e. , PROPERTY LINES, EXISTING BUILDINGS, LOCATION OF PROPOSED CONSTRUCTION, ANY BUILDINGS ON ADJACENT :. PROPERTY WITHIN 100 FEET OF SUBJECT PROPERTY. DO NOT WRITE IN THIS SPACE -- FOR OFFICQ USE ONLY Date Filed: December 13, 1992 Board of Trustees Referral:January 14, '1992 Notice Published: January 15, 1992 Newspaper: The DOINGS Date Adjacent Property Owners Notified:January 13, 1992 Staff Referral:January 15, 1992 Public Ilearing Dates: Plan Conmiission: January 20, 1992Zoning Board:February 4, 1992 Board of Trustees:February 25, 19%Zard of Trustees: (tentative) (Approval of Ordinajnce) FEE PAID: $_ 0 Receipt No. Received By: Village Clerk APPLICANT TO MMPLETE LOLnCA'PI ON SUHJIsC'1' PROPERTY: 15 Yorskhire Woods Dri14%RMANENT PARCEL No. :06.-24-102-010 LOT 140. 15 SUBDIVISION: Yorkshire WoodG ADDRESS: 11j 1ynrkghi r,- Wnnag nrive ZONING: R-3 ZONING ORDINANCE SECTION: ACTION REQUESTED: Construction of food prot-ertion 5y;tPm rom_pri..Qed tf concrete wall and earthen berm with attendent drainage _ant! pimping $v--tem. PROPERTY INTEREST OF APPLICANT: OWNER ® CONTRACT PURCHASER F-1 AGENT FD OWNER(S) OF RECORD Oak Brook Bank Trust No. 2455PHONE NO. (708) 571 -1050 x273 ADDRESS 2021 S rp inq Road, Oak Brook, IL _ ZIP 60521 BEIIEFICIARY(IES) OF TRUST James L. Rood PHONE 110. 832-2572 ADDRESS 15 Yorkshire Woods Drive, Oak Brook, IL ZIP 60521 NAME OF APPLICANT James L. Rood PtIONE NO. 832-2572 ADDRESS 15 Yorkshire Woods Drive, Oak Brook, IL ZIP 60521 j I ()(%) certify that all of the above statements and the statements contained in any ipapers or plans submitted herewith are true to the best of my (our) knowledge and belief. I 12/11_L91 - -- _ • i . 1 NOTICE TO APPL,ICAN`1'S Filing 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 Lire strict application of the law. The power to vary is restricted and the degree of Variation is limited to Lite minimum change necessary to overcome Lite inequality inherent in Lite ' property. 1. A Variation recognizes that Lite 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 ci.rcumsLances or unusual_ conditions. These must result in uncommon hardship and unequal treatment under the strict application of Like 'Zoning Ordinance. Where hardship conditions extend to other properties, a Variation cannot be i granted. The remedy for general hardship is a change of the reap or Like text of the Zoning Ordinance. 2. You must prove that the combination of the Zoning Ordinance and Lite unconunon conditions of your property prevents you from making any reasonable use of your land as permitted by your present zoning district. Since zoning regulates land all(] not people, the following conditions cannot be considered pertinent to Lire application for a # Variation: (1) proof that a Variation would increase Lite financial return from Lite land, (2) personal hardship, (3) self-imposed hardship. In the last case, the recognition of conditions created after Lite enactment of Lire Zoni.r►g Ordinance would encourage and condone violation of Lite taw. i jl.1 No Variation may be granted which would adversely affect surrounding undin g E ro perl Y or Che general neighborhood. All Variations must be in harmony with Lite .intent and purposes of the Zoning Ordinance. Names of Surrounding Property Owners i Following are the names and addresses of surrounding' g property owners from Lhe property in question for a distance of 250 feet in all directions, and Lite number of feet occupied by all public roads, streets, alleys, And public ways have been excluded in computing the 250-foot requirement. Said names are as recorded in I:l►e office of the 1 County Recorder of Deeds (or Lhe Registrar of Titles of L:he County) and as appear from the authentic Lax records of this County. S ' NAME ADDRESS J { 1 . Dr. Ronald Gresens 16 Yorkshire Wnnds Dr 2 . Mrs. John Ligouri 14 Yorkshire Woods Dr. 3 . Mr. Gary Kahn 43 Yorkshire Woods Dr. 4 . Butler Company 1000 Oak Brook Road, Oak Rrnnk 1 5 . Mr. Wayne Weiten 42 Yorkshire Wonds Dr_ _ 1 r: 1 . 1 1 1 i December 12 , 1991 President Karen M. Bushy Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60521 Re: Flood Protection Project J.L. Rood/B.J. Dudek Residence 15 Yorkshire Woods Drive Dear President Bushy: Enclosed is our application and supportive engineering design drawings for subject project. We hasten to point out this is not an "enhancement" nor an "improvement" to augment property values or egos. This is designed as a life/safety program to protect the welfare of the residents and to re-insure the structural integrity of the building. In contrast to many requests which come before the village, we are attempting to provide a private solution to a public/governmentally created problem. As you know, our flood problems are created by uncontrolled runoff and enhanced storm sewers which deliver water from far and wide to be stored on our land and in our home. This flood protection system is designed for our flood prone residence. A concrete flood wall plus connecting earthen berm barriers will be erected to one foot (11 ) above the base flood elevation. The project surrounds the existing home up to in accordance with the ten foot (10' ) IDOT/DWR guidelines for floodway protection. The system permits continuous utilization, access and egress during high water inundation to the flood of record. It also provides an interior barrier drainage and pumping system. We are simultaneously making application (copy attached) to the Illinois Department of Transportation/Department of Water Resources, the Army Corps of Engineers and the Illinois Environmental Protection Agency, to hopefully expedite the review . processes and to obtain the required permits as quickly as possible. This design plan has been assisted by pre-planning conferences between our architect, our engineer and staff both here in Oak Brook and at IDOT/DWR. continued. . . December 12, 1991, page 2 You may note we have retained Dr. William J. Bauer as our consulting engineer. Dr. Bauer is a leading authority on Salt Creek as you may remember when the village relied on his expert testimony in the Elmhurst berm hearings. Dr. Bauer has indicated his willingness to appear before you to address any technical questions relative to these matters. Thank you for this consideration of our application, we look forward to moving ahead. Sincerely, l�rs. Jane R. Dudek 15 Yorkshire Woods Drive Oak Brook, IL 60521 Phone: 832-2572 cc: Dr. Wm. J. Bauer Mr. Richard West I I JOINT APPLICATION FORM 1.Application Number(to be assigned by Agency) 2.Date 7.For agency use only(Date Received). 11 12 91 Day Month Year 4.Name and address of applicant 5.Name,address,and title of authorized agent James L. Rood JANE R. Dudek 15 Yorkshire Woods Drive 15 Yorkshire Woods Drive Oak Brook, IL 60521 Oak Brook, IL 60521 A/C( 708- 832-2572 A/C(708) 832-2572 Telephone no.during Telephone no.during business hours AtC ( ) _--- _- business hours A/C ( ) 6.Project Description and Remarks:Describe in detail the proposed activity,its purpose,and intended use. Use attachments if needed. Flood protection system for flood prone residence. Concrete flood wall plus connecting earthen berm barrier erected to 1 foot above base flood elevation. Project surrounds home up to 10 foot guideline (IDOT) in floodway. System permits utilization, access and egress during high water inunda- tion. Also provides interior barrier drainage and pumping system. See Exhibits A and B attached, and Exhibt C. 7.Names,address,and telephone numbers of all adjoining and potentially affected property owners,Including the owner of subject property if different from applicant. 1 . Dr. R. Gresens, 16 Yorkshire Dr. , Oak Brook - (708) 833-1985 2 ,Mrs . John Ligouri , 14 Yorkshire Dr. ,Oak Brook - unlisted r 3 .Mr. Gary Kahn 43 Yorkshire Dr. , Oak Brook - (708) 530-2545 4 . Butler Company, 1000 Oak Brook Road, Oak Brook - unlisted 5 .Mr. Wayne Weiten, 42 Yorkshire Dr. , Oak Brook, IL - unlisted 9.Location of activity Legal Description: Salt Creek _ 24 39N 11 E.of 3rd Name of waterway at location of the activity 1/4 Sec. Twp. Rge. P.M. Address: _ 19 Ynrkchi re Wnnris Drive (yak Rrnnk, TT Street,road,or other descriptive location , _ Oak Brook Village of Oak Brook In or near city or town Name of Local Governing Community Du Page IL 60521 County State Zip Code 9.Dave activity is proposed to commence_ 51?r 1 nQ, 1 9 9 2 Estimated Time of Construction 10.Is any portion of the activity for which authorization is sought now complete? _Yes X No If answer is 'Yes'give reasons in Item 6. Month and Year the activity was completed Indicate the existing work on drawings. 11. List all approvals or certifications required by other federal,interstate,state.or local agencies for any structures,construction,discharges,deposits,or other activities described In this application. If this form is being used for concurrent application to the Corps of Engineers,Illinois Department of Transportation,and Illinois Environmental rotection Agency,these agencies need not be listed. LLSylno Agency Tvoe Approval (denlification 114. Qate of Aonur•allon Qate of Aooroval Village of Oak Brook Special Use Permit (pending) 12. Has any agency denied approval for the activity described herein or for any activity directedly related to the activity described herein. Yes X No (11 'Yes',explain in item 6.) 13. Application is hereby made for authorizations of the activities described herein. I certify that I am familiar with the Information contained in 4gnurA.the appl ication,and that to the best of my knowledge and belief,such information is true, Applicant or Authorize Agent complete,and accurate. I further certify that 1 possess the authority to undertake the proposed activities. _T-•mP r� Tr R�Qd Typed or Printed Name of Applicant or Authorized Agent NCR FORM 426 12 6 ; Al <A' E-1 Ae 6, '' �-i.✓ klQ@ WCfOQS DQ1d•� �..._..-._ .. k::_.._.._. 7f ....•;y.;, C^ r '; CC 14l y r-� �'7 7. .......... i :r• i C.. TOP OGRAPHI C SURVEY `''' APiGpO 144TF 467' scale s� "'`�•, 4jV4vs ° ioo 200 i CON N'1'hltVnr. 1 !-'0°T. ELEVATIONS aAYh ON MEAN SEA LEVEL M1 '•';,• corrPtr,i:u irY s'rr.ica:cri'ii(rrc�ricArrrrr:'rrttc �`.. � . Date of Pru>t0griq)hy _ i. -5 88 fi`ic? LIST OF ADJACENT PROPERTY OWNERS PROJECT DESCRIPTION: NO. NAME ADDRESS *"4' 1 . Dr. R. Gresens, 16 Yorkshire Woods Dr. 2. Mrs . John Li gouri , 14 Yorkshire Woods Dr. FLOOD PROTECTION SYS`raM LOCATION: 3. Mr. Gary Kahn, 43 Yorkshire Woods Dr. Rood Residence 4 Butler Company, 1000 Oak brook Road 15 Yorkshire Woods Drive Oak Brook, IL 5 .Mr. Wayne Weiten, 42 Yorkshire _WQdos Dr. NCN, F;)I;A1 5'h COP.r's 01' EITI 11T COPY I :S rZ SI'.E' �)o GI SHEET OF Ordinance S- 733 _ Granting a Flood Plain Special Use Permit 15 Yorkshire Woods Page 2 Lot 15 in Yorkshire Woods, a subdivision in Section 24, Township 39 North, Range 11, East of the Third Principal Meridian, in DuPage County, Illinois, according to the plat thereof recorded November 14, 1947, as Document No. 534056 and recorded as Document No. 535991 in DuPage County, Illinois. Permanent Parcel No. 06- 24-102-010. Section 3: That this special use permit is subject to the condition that all applicable permits be obtained from the appropriate regulatory agencies and that improvements constructed on the subject property be constructed in accordance with the Building code and in accordance with the requirements for flood resistent construction as set forth in Section 2102.0 of the BOCA National Building Code. Section 4: That the special use permit herein granted in Section 2 of this ordinance be further expressly subject to the condition that all land modifications on the subject property be completed on or before December 31, 1995, in substantial conformity with the aforementioned Site Plan. If the property owner fails to meet the conditions of this section, this special use permit shall automatically terminate and be of no further force or effect. The foregoing completion date may be extended without public hearings by the President and Board of Trustees upon a showing of necessity by the property owner. Section 5: That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS 24th day of March , 1992. Ayes: Trustees Bartecki, Krafthefer, Pay,ovich, Skinner and Winters Nays: None Absent: None Abstain: Trustee Shumate APPROVED THIS 24th day of March , 1992• i #Vllage President ATTEST: Village Cler �t" r ordinance S- 733 Granting a Flood Plain Special Use Permit 15 Yorkshire Woods Page 3 Approved as to Form: hL�i, •l�C r Village Attorney Published Date Paper Not Published XX rood.ord