S-736 - 05/12/1992 - SPECIAL USE - Ordinances r
ORDINANCE s-736
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
(160 Forest Trail)
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 June 5, 1990, pursuant to due and
appropriate legal notice; and
WHEREAS, the Plan Commission of the Village of Oak Brook has submitted
its recommendation to the President and Board of Trustees; and
WHEREAS, the Plan Commission recommended approval and the Zoning Board
of Appeals recommended denial of the petition; and
WHEREAS, the Village President and Board of Trustees have reviewed the
recommendations of the Plan Commission and Zoning Board of Appeals; and
WHEREAS, the proposed use satisfies the requirements of and is
consistent with each of the factors set forth in Section 10-34(c) of the Code
of Ordinances of the Village of Oak Brook; and
WHEREAS, the corporate authorities of the Village of Oak Brook deem the
passage of this ordinance to be in the best interest and in furtherance of the
general welfare of the Village of Oak Brook;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth
are hereby adopted as though fully set forth herein.
Section 2: Pursuant to Section 10-34 of the Code of Ordinances of the
Village of Oak Brook, Illinois, a Flood Plain Special Use Permit is hereby
granted to allow regrading of the Salt Creek flood plain, said property being
legally described as:
That part of Lot 1 lying East of the center of Salt Creek in
Owners Division of Lot 1 of Assessment Plat of the George Atwater
Estate in the Northwest Quarter of Section 23, Township 39 North,
Range 11 East of the Third Principal Meridian, according to the
plat thereof recorded February 10, 1934 as Document 343033, in
DuPage County, Illinois, and
STATE OF ILLINOIS )
) SS.
COUNTIES OF COOK & DU PAGE)
I , Linda K. Gonnella do hereby certify that I
am the duly qualified and acting Village Clerk of the Village of
Oak Brook, DuPage and Cook Counties , Illinois .
I DO FURTHER CERTIFY that the annexed document is a
• true and correct copy of ORDINANCE NO. S-736 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 (160 Forest Trail)
N
I DO FURTHER CERTIFY that the original document , of
which the annexed copy is a true copy, is entrusted to my care for
safekeeping and I am the keeper of the same . m
I DO FURTHER CERTIFY that I am the keeper of the re-
cords , Journals , entries , resolutions , ordinances , and documents
of the said Village of Oak Brook, DuPage and Cook Counties , Illinois .
IN WITNESS WHEREOF , I have hereunto set my hand and
affixed the corporate seal of the Village of Oak Brook this 14th
day of May 19 92
62::?
Vil�age )Clerk of the Village of
Oak Brook, DuPage $ Cook Counties ,
Illinois .
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V1 LLAG E OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990-3000
June 4, 1992
MEMO TO: Bruce Kapf f
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 5-729 - 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 5-733 - R92-101446
4) Bennett - 31 Hickory Drive - Rear yard Variation - Ordinance
5-735 - R92-101447
ntore - 160 Forest Trail -
9/4a"AD Flood Plain Special Use - Ordinance 5-736 - R92-101448
Accessory Building Height Variation - Ordinance S-737 -
R92-101449.
6) Mutual Life Insurance (Chicagoland Television) -
2000 York Road - Special Use - Ordinance S-738 - R92-101450
7) Bear Manor Assessment Plat - 2803 & 2809 Oak Brook Road -
R92-101442
rec-doc.mem p2
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VILLAGE O F OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990-3000
May 22 , 1992
Mr. Cantore
160 Forest Trail
Oak Brook, IL 60521
Dear Mr. Cantore:
Attached are copies of the approved ordinances pertaining to your
. Flood P1ain. Special Use and Accessory Building Height Variation.
We will be -filing these documents with the Recorder of Deeds.
You will be billed for the cost.
When -we receive ,the- recorded documents back, we will- -provide you
with a copy.
Sincerely,
t1l
Thomas R. Hawk
Director of Code Enforcement
cc: petition files (3)
apd-ord.frm
-V7
D. PAYOUTS: PAYOUTS:
1. THE DUBS COMPANY - PAYOUT #1 - VILLAGE HALL RENOVATION: DUBS-VH RENOVAT?
Approved Omnibus Vote. $6,590.00
2. CRAWFORD MURPHY & TILLY, INC. - PAYOUT #10 - CONSTRUCTION CMT - 8CS
SERVICES, 8 CS (22nd STREET & JORIE BOULEVARD) : Approved $218.00
Omnibus Vote.
3. CRAWFORD MURPHY & TILLY INC. - PAYOUT #6 - BRIDGE DESIGN CMT-WINDSOR/
SERVICE & CONSTRUCTION INSPECTION - WINDSOR/HARGER BRIDGES: HARGER BRIDGE
Approved Omnibus Vote. $1,483.23
E. REFERRAL - HSU - FLOOD PLAIN SPECIAL USE WITH VARIATION (21 Royal REFERRAL:.
Vale Drive) - Refer to June 15, 1992 Plan Commission Meeting and HSU-FPSU
July 7, 1992 Zoning Board of Appeals Meeting: Approved Omnibus 21 Royal Vale Dr
Vote.
F. BID AUTHORIZATION - 1992 CHIP & SEAL PROJECT NO. 92-1119 (Wennes BID AUTH.-1992
Court, Luthin Road, Washington Street, Wood Road, Acorn Hill Lane, CHIP & SEAL
Bath & Tennis Drive, Hunt Club Lane, Hunt Club Drive, Coolidge PROJECT 492-1119
Street, Grant Street, Lincoln Road, White Oak Lane, 35th Street
west of Adams Road Glendale Avenue from Madison Street to
Washington Street) : Approved Omnibus Vote.
6. ITEMS REMOVED FROM CONSENT AGENDA:
None.
7. ORDINANCES AND RESOLUTIONS:
A. ORDINANCE NO. S-735 AN ORDINANCE GRANTING A VARIATION FROM THE ORD. S-735
PROVISIONS OF SECTION VII(E)(8)(c4 OF THE ZONING ORDINANCE OF THE 31 Hickory Dr.
VILLAGE OF OAK BROOK, RELATIVE TO REAR YARD REQUIREMENTS (31 VARIATION-
HICKORY DRIVE) - Bennett: REAR YARD
REQUIREMENTS
Trustee Skinner moved to pass Ordinance No. S-735 as presented and
waive the full reading thereof. Seconded by Trustee Winters.
Roll Call Vote:
Ayes: 6-Trustees Bartecki, Krafthefer, Payovich, Shumate,
Skinner and Winters.
Nays: 0-None.
Absent: 0-None. Motion carried.
OBORDINANCE;NO. S-736 AN ORDINANCE GRANTING A FLOOD PLAIN SPECIAL ORD. S-736
USE PERMIT PURSUANT TO SECTION 10-34 OF THE CODE OF ORDINANCES OF 160 Forest Trail
THE VILLAGE OF OAK BROOK, ILLINOIS (160 Forest Trail) - Cantore: FPSU
Trustee Skinner moved to pass Ordinance No. S-736 as presented and
waive the full reading thereof. Seconded by Trustee Winters.
Roll Call Vote:
VILLAGE OF OAK BROOK Minutes 2 May 12, 1992
/ Ayes: 6-Trustees Bartecki, Krafthefer, Payovich, Shumate,
J Skinner and Winters.
Nays. 0-None.
Absent: 0-None. Motion carried.
C. ORDINANCE NO. S-737 AN ORDINANCE GRANTING A VARIATION FROM THE ORD. S-737
PROVISIONS OF SECTION V(G)(3)(d)(1) OF THE ZONING ORDINANCE OF THE 160 Forest Trai:
VILLAGE OF OAK BROOK, ORDINANCE G-60, AS AMENDED, RELATIVE TO THE VAR.-STRUCTURE
DETERMINATION OF STRUCTURE HEIGHT (160 Forest Trail) - Cantore: HEIGHT
Trustee Skinner moved to pass Ordinance No. S-737 as presented and
waive the full reading thereof. Seconded by Trustee Winters.
Roll Call Vote:
Ayes: 6-Trustees Bartecki, Krafthefer, Payovich, Shumate,
Skinner and Winters.
Nays: 0-None.
Absent: 0-None. Motion carried.
D. ORDINANCE NO G-487 AN ORDINANCE AMENDING SECTION X(B)(2) OF THE ORD. G-487
ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK: AMEND. SEC.
X(B) (2) OF
Trustee Skinner moved to pass Ordinance No. G-487 as presented and ZON. ORD.
waive the full reading thereof. Seconded by Trustee Winters.
Roll Call Vote:
Ayes: 6-Trustees Bartecki, Krafthefer, Payovich, Shumate,
Skinner and Winters.
Nays: 0-None.
Absent: 0-None. Motion carried.
E. ORDINANCE NO. S-738 AN ORDINANCE GRANTING A SPECIAL USE FOR A OPD. S-738
RADIO AND TELEVISION STATION AND PRODUCTION STUDIOS (2000 York 2000 York Road
Road) - Mutual Life: SPEC. USE FOR
RADIO & TV
Trustee Skinner moved to pass Ordinance No. S-738 as amended to STATION AND
include "'radio' and television station" and waive the full PRODUCTION
reading thereof. Seconded by Trustee Wiaters. Roll Call Vote: STUDIOS
Ayes: 6-Trustees Bartecki, Krafthefer, Payovich, Shumate,
Skinner and Winters.
Nays: 0-None.
Absent: 0-None. Motion carried.
8. DEPARTMENTAL REPORTS - SPECIALTY AREAS: DEPARTMENTAL
REPORTS
Finance; Purchasing; and Hotel, Convention and Visitors Committee:
Trustee Bartecki - No report.
Sports Core: Trustee Krafthefer - The Bath & Tennis will reopen May
23rd. Repair work has been completed for the lap pool and diving well.
Trustee Krafthefer commended Darren Martens and the Public Works
Department for their timely assistance in preparing the Bath & Tennis
facility for opening. Bath & Tennis membership registration is lagging
substantially from last year. The Bath & Tennis Committee will meet on
VILLAGE OF OAK BROOK Minutes 3 May 12, 1992
ORDINANCE S-736
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
(160 Forest Trail)
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 June 5, 1990, pursuant to due and
appropriate legal notice; and
WHEREAS, the Plan Commission of the Village of Oak Brook has submitted
its recommendation to the President and Board of Trustees; and
WHEREAS,, the Plan Commission recommended approval and the Zoning Board
of Appeals recommended denial of the petition; and
WHEREAS, the Village President and Board of Trustees have reviewed the
recommendations of the Plan Commission and Zoning Board of Appeals; and
WHEREAS, the proposed use satisfies the requirements of and is
consistent with each of the factors set forth in Section 10-34(c) of the Code
of Ordinances of the Village of Oak Brook; and
WHEREAS, the corporate authorities of the Village of Oak Brook deem the
passage of this ordinance to be in the best interest and in furtherance of the
general welfare of the Village of Oak Brook;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth
are hereby adopted as though fully set forth herein.
Section 2: Pursuant to Section 10-34 of the Code of Ordinances of the
Village of Oak Brook, Illinois, a Flood Plain Special Use Permit is hereby
granted to allow regrading of the Salt Creek flood plain, said property being
legally described as:
That part of Lot 1 lying East of the center of Salt Creek in
Owners Division of Lot 1 of Assessment Plat of the George Atwater
Estate in the Northwest Quarter of Section 23, Township 39 North,
Range 11 East of the Third Principal Meridian, according to the
plat thereof recorded February 10, 1934 as Document 343033, in
DuPage County, Illinois, and
Ordinance S- 736
Granting a Flood Plain Special Use
160 Forest Trail
Page 2
Lot 104 (except the North 80.0 feet in width thereof) , measured at
right angles to the North line of said lot, in Timber Trail
Estates, Unit No. 2, being a subdivision of part of the Northeast
Quarter of Section 23, Township 39 North, Range 11 East of the
Third Principal Meridian, according to the plat thereof recorded
November 13, 1947 as Document No. 533982, in DuPage County,
Illinois. Permanent Parcel No. 06-23-105-003.
Section 3: 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 May 31, 1996,
in substantial conformity with the Site Grading Plan dated August 10, 1990 and
prepared by Webster, McGrath & Carlson, Ltd. 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 4: That this ordinance shall be in full force and effect from
and after passage and approval pursuant to law.
PASSED THIS 12th day of May , 1992.
Ayes: Trustees Bartecki, Krafthefer, Payovich, Shumate, Skinner and Winters
Nays: None
Absent: *Ton
,Abstain:
APPROVED THIS 19t-h_ day of MAY ► 1992•
Village President
ATTEST:
VlAlafge Clerk
Appro d as to Form:
Village Attorney
Published
Date Paper
Not Published XX
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VILLAGE O F OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990-3000
May 5, 1992
Mr. Joseph Cantore
160 Forest Trail
Oak Brook, IL 60521
Dear Mr. Cantore:
The Board of Trustees at their meeting of April 28 , 1992 , made
the following decision regarding your petitions:
a) Voted to deny your Flood Plain Variation request to omit the
compensatory storage.
b) Voted to approve and authorize the attorney to draft the
necessary ordinance for the Flood Plain Special' Use to allow
construction of an addition to your accessory building.
c) Vote to approve and authorize the attorney to draft the
necessary -ordinance -for the variation to the permitted height
of the addition.
The above ordinance will be on the Board of Trustee' s agenda for
May 12, 1992 for final approval.
Call if you have any questions.
Sincerely,
Thomas R.
Director of Code Enforcement
cc: petition files
contore.doc p9
The Zoning Board of Appeals, at its meeting of April 7, 1992,
recommended approval of the requested Rear Yard Variation subject
to the following conditions:
1) The area of .the encroachment into the rear yard shall be
credited against the permitted 30% rear yard coverage
allowed for accessory structures; and
2) The portion of the structure encroaching into the rear yard
shall remain a single story structure and no second story
additions to it will be permitted.
Trustee Skinner moved to approve the requested variation and
direct the Village Attorney to draft the necessary ordinance to
effectuate same. Seconded by Trustee Payovich. VOICE VOTE:
Motion carried.
B. RECOMMENDATION - CANTORE -FLOOD PLAIN SPECIAL USE, FLOOD PLAIN CANTORE-FPSU,
VARIATION, AND ACCESSORY BUILDING HEIGHT VARIATION (160 Forest FP VAR. , ACCESS.
Trail) : BLDG. HEIGHT
VAR. (160 Forest
The Plan Commission, at its meeting of March 16, 1992, recommended Trail)
approval of the variation to omit the compensatory storage.
The Zoning Board of Appeals, at its meeting of April 7, 1992,
recommended denial of the requested Flood Plain Variation.
Trustee Skinner moved to deny the requested Flood Plain Variation
to omit the compensatory storage. Seconded by Trustee Payovich.
Greg Kulis, legal counsel for the Cantores, requested
consideration for Mr. Cantore's request.
Trustees Payovich and Skinner stated any change of our
compensatory storage code would set a precedent.
Area resident, Dudek, requested for consistency in ordinances of
compensatory storage for the Village.
Roll Call Vote:
Ayes: 5-Trustees Bartecki, Payovich, Shumate, Skinner and
Winters.
Nays: 1-Trustee Krafthefer.
Absent: 0-None. Motion carried.
Trustee Skinner moved to approve the requested Flood Plain Special
Use. Seconded by Trustee Krafthefer. Roll Call Vote:
Ayes: 6-Trustees Bartecki, Krafthefer, Payovich, Shumate,
Skinner and Winters.
Nays: 0-None.
Absent: 0-None. Motion carried.
Trustee Skinner moved to approve the requested Accessory Building
Height Variation. Seconded by Trustee Payovich. Roll Call Vote:
VILLAGE OF OAK BROOK Minutes 6 April 28, 1992
Ayes: 6-Trustees Bartecki, Krafthefer, Payovich, Shumate,
/ Skinner and Winters.
Nays: 0-None.
Absent: 0-None. Motion carried.
C. RECOMMENDATION - MUTUAL LIFE INSURANCE - ZONING ORDINANCE MUTUAL LIFE INS
AMENDMENT AND SPECIAL USE FOR CHICAGOLAND TELEVISION (2000 York ZON. ORD. AMEND
Road) : & SPEC. USE
(2000 York Rd.)
Both the Plan Commission, at its meeting of March 16, 1992, and
the Zoning Board of Appeals, at its meeting of April 7, 1992,
recommended approval of the requested Zoning Ordinance Amendment
and Special Use subject to the following conditions:
1) F.C.C. licensing required prior to placing the transmitter
in service (note: a copy should be required to be submitted
to the Village) .
2) Up to three (3) microwave transmitter approved and aimed at
a receiving antenna placed on the top of the Hancock
building or Sears Tower in Chicago (note: we should add the
requirement that any other signal transmissions via antennas
shall require Special Use approval).
3) For aggregate live audiences of more than 50 people, the
"studio" management shall provide for parking and traffic
control with the approval of the Building Official.
4) Additional landscape screening shall be provided on the
north and west sides of the antenna area (note: we should
add that plans are to be submitted for approval by the
Building Official) .
Trustee Skinner moved to direct the Village Attorney to draft the
necessary documentation for a Text Amendment to add Radio and
Television Stations and Production Studios to the permitted
special uses in an ORA-1 Zoning Diztrict. Seconded by Trustee
Payovich. VOICE VOTE: Motion carried.
Trustee Skinner moved to approve the Special Use for 2000 York
Road. Seconded by Trustee Krafthefer. VOICE VOTE: Motion
carried.
Resident Calzaretta spoke of concern over health hazard of
microwave beam.
Bob Jones, consulting broadcast engineer, confirmed there is no
hazard to homeowners.
D. 1992/93 ENVIRONMENTAL MOSQUITO MANAGEMENT CONTRACT - Clarke 1992/93 TIOSQUITi
Outdoor Spraying: MANAGEMENT
CONTRACT (ClarkE
Clarke Outdoor Spraying Company, Inc. is the only area contractor
providing service to perform mosquito abatement and control
operations during the Spring and Summer months.
VILLAGE OF OAK BROOK Minutes 7 April 28, 1992
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990-3000
April 21, 1992
MEMO TO: President and Board of Trustees
a
FROM: Thomas R. Hawk
SUBJECT: Cantore - 160 Forest Trail
Flood Plain. Special Use
Flood Plain Variation to omit- compensatory storage
Accessory Building Height Variation
This package of requests has history going back to early 1990-
Following is a summary of. that. •histary:
April 1990: Application was made for a Flood Plain Special Use
and a zoning variation to allow construction .of . an
addition to an existing accessory building (garage) .
The proposed location is in the. flood plain and the
petitioner also wanted to exceed the existing build- .
ing height - approximately '20 feet -. instead of the
15 feet maximum height permitted for an -accessory
structure. -The addition .was ,proposed to' be 22 feet
high. During the review process, Mr: Cantore also
asked to omit the required compensatory storage on
the basis that the Salt Creek dredging project had
already removed a considerable amount of his prop-
erty.
Subsequently, the Plan Commission and Zoning Board of
Appeals recommended approval of the Flood Plain
Special Use subject to certain conditions and the
Zoning Board of Appeals recommended denial of the
accessory building height variation.
June 1990: The Board of Trustees voted to deny the accessory
building height request and tabled the Flood Plain
Special Use pending the resolution of questions
regarding the compensatory storage.
cantore.doc P96
July 1990: Mr. Cantore requested waiver of the compensatory
storage requirement and the Board of Trustee again
tabled the Flood Plain issues pending submission of
plans for the compensatory storage.
Jan. 10, Mr. Cantore submitted two petitions as follows:
1992 : 1) A variation to the flood plain regulations to
omit the compensatory storage required by his
proposed Flood Plain Special Use for the acces-
sory building addition.
2) A re-submittal for the accessory building height
variation. The requested height has been re-
duced to 20 feet, matching the height of the
existing structure.
March 3, The Zoning Board of Appeals held the following
1992: public hearings:
1) Re: the flood plain variation to omit the com-
pensatory storage._ This. hearing was continued_
until the April -7 meeting pending. the receipt.-of..
the Plan Commission recommendation.
2) Re: The accessory building height variation,
recommended approval by a vote of 4 to 1. There
were no objections from the public. Please see
page 14a of the Accessory Building Height Varia-
tion file for the basis of this motion.
March 16, The Plan Commission reviewed the Cantore proposals
1992 : and recommended, by a vote of 4 to 1, approval of the
varia.tion. to omit the compensatory storage. Please
see page 20 of the Flood Plain Variation Compensato-
ry Storage file for the basis of this motion.
April 7, The Zoning Board of Appeals continued the public
1992 : hearing regarding the Flood Plain Variation with
the following additional information:
1) The Plan Commission recommendation.
2) The letter from the DPC Department of Environ-
mental Services which objects to the omission
of the compensatory storage.
After a motion to approve failed by a vote of 2 to
4 , a motion to deny .was passed by a vote of 4 to 2 .
Conclusions
Flood Plain Variation to omit Compensatory Storage:
While approval of this variation will have little effect on
flooding potential and would allow Mr. Cantore to preserve
some of the natural setting of his property, it should be
noted that it would reduce to some extent the positive
effects of the Salt Creek dredging project and may set
a precedent for requests by other property owners along
cantore.doc pg6
Salt Creek where the dredging project took place.
Flood Plain Special Use
Subject to the above variation decision, this request is ready
for final action.
Accessory Building Height Variation
In my opinion, approval of this variation should be examined
carefully. The existing accessory building (garage) including
the addition is not within any required yard and is approximately
155 feet from any of the neighboring lot lines along Forest Trail
Drive. The property involved is approximately 4 acres in area
which is far larger than the less than 1/2 acres lots it abutts.
Because of the above, the addition, if approved, will have no
discernible affects on any neighboring property. The- overall
intensity of use of this property is extremely low when compared
with a standard R-3 or R-4 lot.. My recommendation .is .for, approv-
al.
If you wish to approve any of the above proposals, it would be
appropriate to authorize the attorney to draft the necessary
ordinances for action at your next meeting.. .
cc: Stephen Berley
Robert Nielsen
Margaret Rimbo
cantore.doc pg6
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VILLAGE OF OAK BROOK
1 200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 - 2255
03 090,- ;0 0_'
April 10, 1992
RE: Cantore Flood Plain Special Use
Cantore Accessory Building Height Variation
Cantore Flood Plain variation
Dear Madam President and Board of Trustees:
The Zoning Board of Appeals has made recommendations regarding
the various requests of Mr. Cantore of 160 Forest Trail Drive.
Mr. Cantore wants to build an addition to the existing detached
garage building on his site . The addition is within a Flood
Plain and exceeds the 15 foot maximum height for accessory struc-
tures .
The recommendations have been as follows:
Flood Plain Special Use
June 5 , 1990 - For approval - unanimous
Note: This item was tabled by the Board of Trustees at their
meeting of June 26, 1990 pending the resolution of the
request to omit the compensatory storage.
Accessory Building Height - 20 feet instead of the 15 foot
maximum permitted.
June 5 , 1990. - for denial - unanimous
March 3 , 1992 - for approval - 4 to 1 with 1 abstention.
cantore.doc pg4
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
April 9, 1992 708 990-3000
Mr . Jeffrey S . Dailey, P.E.
Chief Engineer Stormwater Management Division
DuPage County Department of Environmental
Concerns
421 N. County Farm Road
Wheaton, Illinois 60189
RE: Cantore Flood Plain Variation Request
160 Forest Trail
Dear Jeff :
Thank you for Bruce Maki ' s letter dated March 30, 1992 in which Bruce said
that the County does not feel any exceptional circumstance prevents the
application of the compensatory flood plain requirement and you would
therefore object to issuing this variance.
Bruce ' s letter was dated March 30, 1992. I had sent to you draft Plan
Commission meeting minutes in my letter dated March 27th which you may not
have received when Bruce drafted his reply letter to me.
In any event , one ( 1 ) item is of special concern to me regarding the County
commenting on a variation application within a full waiver community when
the County does not attend any of the public meetings or the public hearing
where testimony is given and questions asked and answered. I would think
that County representation at public meetings of testimony and discussion
to gather all of the facts before rendering your recommendation would be
appropriate and prudent . Since we are in the early stages of this new
ordinance operation, County representation at public meetings may have been
overlooked. However , a person cannot receive the full flavor of any
requested variation where much verbalizing takes place within the
applicant ' s presentation and discussion between the applicant and members
of that particular public meeting. As you well know, such verbalization
are key to understanding all aspects of any issue since only a summary is
presented in the form of written minutes .
This comment of County representation at public meetings of testimony and
discussion relates not only to the present application before the Village
of Oak Brook, but to any and all future variation applications . While I am
neither an opponent nor proponent of the present application, I am �(
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•
concerned that all applicants receive a proper and just hearing before
anyone who renders any type of judgement . That would therefore require
County representation at such meetings .
The second issue I would like to discuss concerns the County' s formal
position .on whether the granting of this variation by Oak Brook would
adversely affect Oak Brook ' s complete waiver status . Your review of this
issue should take into account that this application was filed on January
10 , 1992 ,, well before the ordinance took effect on February 15 , 1992 .
The third and final issue I have concerns this same timing question.
Spe ifically, does the County formally have standing in the present
vari Aon since it was filed before the effective date of the ordinance or
is the i rtant decision point at the time of a decision on the requested
variation which will be of course after the effective date.
In summary, I would very much appreciate your thoughtful review of these
issues and written response. Since we are at the beginning of a new and
exciting stormwater regulation era, we need to think about the practical
problems and implications which are being created because of the new
ordinance.
,Since a y,
Dale L. Durfey, Jr . , P.E. ,
Village Engineer
DLD/etg
cc: Tom Hawk, Director of Code Enforcement
-t
Flood Plain variation - to omit the required compensatory stor-
age.
April 7, 1992 - for denial - 4 to 2
For additio nal inform please lease refer to the meeting minutes.
additional
All of the above were accomplished after holding the required
public hearings . The ommission of the compensatory storage was
objected to by a resident of Yorkshire Woods (Rood / Dudek 15
Yorkshire Woods) who also had the dredging along the rear of his
property and has an approved Flood Plain Special Use which in-
cludes compensatory storage.
Sincerely,
�.,/.(�•—�.:�/"� �� �rcpt
William Kenny
Chairman
Zoning Board of Appeals
cc: petition files
cantore:doc P94
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Ot COUNtr"
VI LLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990-3000
January 21, 1992
MEMO: President and Board of Trustees
FROM: Stephen Berley
Thomas hawk
SUBJECT: Referrals - Cantore, 160 Forest Trail
We have received two new petitions from Mr. Cantore of 160 Forest
Trail .
Mr. Cantore has previously petitioned for a Flood Plain Special
Use for an addition to the accessory / garage building on his
property. Included with this request was a request for a build-
ing height variation which was subsequently denied. The FPSU
part of the request has been tabled since June of 1990.
The two petitions are:
1) a variation request to omit the compensatory storage
requirement
2) a re-application for the building height variation.
Please refer these requests for review by the Plan Commission at
their February 17 , 1992 meeting and to the Zoning Board of Ap-
peals for public hearing on March 3, 1992 .
Respectfully submitted,
Q
Stephen Berl by ho as R. Ii
Village Manager Director of Code Enforcement
PHT-CTE.MEM
Illinois Department of Transportation
Division of Water Resources
201 West Center Court/Schaumburg,Illinois/60196-1096
November 129 1991
Mr . Joseph Cantore
925 South Route 83
Elmhurst , IL 60126
Dear Mr . , Cantore :
Salt Creek Channel Improvement , Construction FR-327
I have received your letter of November 9, 1991
regarding the amount of material excavated from your
property under the execution of the above referenced
project .
According to our records , approximately 3470 cubic yards
of channel excavation was removed. None of this
material was considered silt by the Illinois Department
of Transportation .
If you have any questions , please call me at
(708)705-4331.
Sincerely ,
Dirk Fuqua , A ting Chief
Bureau of Construction & Operations
DF:car
cc : A. Laird
i
42�.
OF OAkA
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G O
9CFCOUNtr•`�`
VILLAGE O F OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990-3000
September 27, 1991
MEMO TO: Dale Durfey, Village Engineer
FROM: Tom Hawk, Director of Code Enforcemen
SUBJECT: Cantore - Flood Plain Special Use Request
160 Forest Trail
Please review the attached submittals.
Mr. Cantore feels that in light of the large amount of soil materials
removed from his property during the Salt Creek Channel Improvement project,
he should not be required to provide the small amount of compensatory
storage called for by his building addition.
What are your thoughts on this issue?
TRH/11
cc: Stephen Berley, Village Manager
Karen Bushy, Village President
CANTOPE
AND COMPANY
CONSTRUCTION/DEVELOPMENT
September 23, 1991
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60521-2255
RE: Cantore Barn Addition
Dear Mr. Hawk,
Please find enclosed Floodplain storage calculations along with
a letter from the Illinois Department of Transportation. As you
can see, the Salt Creek Channel Improvement program received 3470
cubic yards of material or 2.15 acre feet of material from Mr.
and Mrs. Cantore.
As indicated on the Floodplain storage calculations, he need only
supply .06 acre feet to compensate for the barn addition displacement.
Let us know what you think.
ACANTORE,
Garmo
& CO.
Enc.
925S.RT.83 ELMHURST, ILLINOIS 60126 • (708)832-8600
0 Illinois Department of TranSPOrtaWn
Division of Water Resources
T%
201 West Center Court/Schaumburg.Illinois/60196-1096
September 20, 1991
Mr. Joseph Cantore
925 South Route 83 .
Elmhurst, IL 60126
Dear Mr. Cantore:
Salt Creek Channel Improvements, Construction FR-327
I have received your letter of September 10,`,'1991
regarding the amount of material excavated from your
property under the execution of the above referenced
project.
According to our records, approximately 3470 'cubic yards
of material was removed.
if you have any questions, please call . ' me at
(7013)705-4331.
Sincerely ,
Dirk Fuqua, Acting Chief "
Bureau of Construction & Operations..
DF:car
cc : A. Laird
35
FILE NAME:DETVOL
• " w' FLOODPLA I N STORAt3� CALCULATI ONSw �
PROJECT NAME : Cantore Residence -. Forest Trail Oak Brook
BASIN LOCATION Total Cantore Lot Area Along Salt Crook
DATE 6/28/90
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ELEV . AREA MEDIAN DEPTH VOLUME ACCUM VOL.
(ac) AREA(ac) (ft) (af) (af)
. . . . . . . . . . . . . . . . . . . . . : : . . . . . .
662 .00 3. 14
3.07 1 .00 3.07 12.65 ,
661 .00 3. 00
• I
2.77 1 . 00 2.77 9 .58
660 .00 2.54
2.35 1 . 00 2.35 6 .81
659 .00 2. 15
1 .80 1 . 00 1 .80 4.46
658. 00 1 .45
1 . 16 1 . 00 1 . 16 2.66
657 . 00 0.86
0. 74 0.50 0 .37 1 .51
656 .50 0.62
656 . 00 0.51 0.57 0.50 0 . 28 1 . 14
0.41 1 . 00 0 .41 0 .86
655 . 00 0.30
654. 00 0 . 14 0 . 22 1 . 00 0. 22 0.45
0 . 13 1 . 00 0 . 13 0 .23
653. 00 0. 11
0. 11 1 . 00 0. 11 0. 11
652 . 00 0 . 10
Existing 100 YR Floodplain Storage 662 . 0 12 .65 AF.
Proposed volume displaced by building 0. 06 AF. (0.47%)
Note : Data Determined By Planimeter Method Using a Topographical Survey
of Property By Webster and Associates (WMC) Dated March 4, 1969 .
34
OE OF 04K•
9
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4 a0
J
OFCOUNty
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990-3000
July 25, 1990
Mr. Joseph Cantore
Cantore & Company
925 S. Route 83
Elmhurst, IL 60126
Re: Flood Plain Special Use
160 Forest Trail
Dear Mr. Cantore:
The Village Board, at its July 24 meeting, considered your request to waive
the requirement to provide compensatory storage in conjunction with your barn
addition. Following considerable discussion, the Village Board voted to once
again table your application until such time as you provide plans which
indicate where the compensatory storage will be located. It was the Board's
feeling that this storage should be provided as required by Village
ordinances.
The Board's next meeting is August 14. As such, you should have revised plans
into our Engineering Department no later than August 6 to be on the August 14
meeting.
Should you have any questions concerning this subject, call either Dale Durfey
or me.
Sincerely,
Bruce F. Kapff
Assistant to Village Manager
BFK:sps
cc:. Stephen Berley, Village Manager
Dale L. Durfey, Village Engineer
,33
0
VILLAGE OF OAK BROOK Minutes -3- July 24, 1 99
B. Detroit Armor Cor oration - Payout #1 and Final - Bullet Tra :
Trustee Bushy moved, seconded by Trustee Rush. ..
To authorize payment of Payout #1 and Final for the installation of the
bullet trap, target conveying system, master control unit and safety
seals for the Police Firing Range in the total amount of $46,472.00
subject to the approval of waivers by Village Attorney.
ROLL CALL VOTE: Ayes: Trustees Bushy, Maher, Payovich, Rush, Winters and
President Cerne.
Nays: None
Absent: Trustee Bartecki So ordered.
C. A royal of C a Order #1 - East Side Villa a Hall Pavers:
han
Direction given at the Regular Meeting of May 8, 1990 to award a
contract to Frank H. Stowell & Sons, Inc. of Evanston, Illinois for the
East Side Paver Rehabilitation Project for the Village Hall in the
amount of $52,524.00.
Trustee Rush moved, seconded by Trustee Maher. ..
To approve Change Order #1 which increases the contract price to Frank
H. Stowell & Sons, Inc. by $2,414.00 for the East Side Paver
Rehabilitation Project.
ROLL CALL VOTE: Ayes: Trustees Bushy, Maher, Payovich, Rush, Winters and
President Cerne.
Nays: None
Absent: Trustee Bartecki So ordered.
V. OLD BUSINESS• '
0 A Request for Waiver of Compensatory Storage - Cantore - Flood Plain
S ecial Use 160 Forest Trail)
Direction given at the Regular Meeting of June 26, 1990 to table the
requested Flood Plain Special Use until the applicant provides a
feasible plan for compensatory storage subject to the Village Engineer's
approval.
Trustee Winters moved, seconded by Trustee Bushy. . .
To table the applicant's request for waiver of compensatory storage
until the applicant provides necessary information on the location of
compensatory storage on said lot for review by the Village Board at the
August 14, 1990 Regular Meeting.
VOICE VOTE: All present, in favor. So ordered.
B. Recommendation - Schroeder - Flood Plain S ecial Use (Lot 20 - 811 Merr
Lane) •
Direction given at the Regular Meeting of June 26, 1990 to table the
requested Flood Plain Special Use and request applicant to apply for
IDOT permit and/or present a feasible plan subject to the Village
Engineer's approval that provides compensatory storage without modifying
Salt Creek.
To direct the Village Attorney to prepare the necessary ordinance and
direct the Village Engineer to prepare special flood proofing require-
ments in the flood plain for installation of basements to be reviewed by
the Village Board at the Regular Meeting of August 14, 1990.
VOICE VOTE: All present, in favor. So ordered.
VILLAGE OF OAK BROOK Minutes -3- July 24, 1990
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990-3000
May 5, 1992
Mr. Joseph Cantore
160 Forest Trail
Oak Brook, IL 60521
Dear Mr. Cantore:
The Board of Trustees at their meeting of April 28 , 1992 , made.
the following decision regarding your petitions:
a) Voted to deny your Flood Plain Variation request to omit the
compensatory storage.
b) Voted to approve and authorize the attorney to draft the
necessary ordinance for the Flood Plain Special Use to allow
construction of an addition to your accessory building.
c) Vote to approve and authorize the attorney to draft the
necessary ordinance for the variation to the permitted height
of the addition.
The above ordinance will be on the Board of Trustee's agenda for
May 12 , 1992 for final approval.
Call if you have any questions.
Sincerely,
Thomas R.
Director of Code Enforcement
cc: petition files
cantore.doc p9
GE OF GAr6
90
COUNT
VILLAGE O F OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990- 3000
April 21, 1992
MEMO TO: President and Board of Trustees
FROM: Thomas R. Hawk
SUBJECT: Cantore - 160 Forest Trail
Flood Plain Special Use
Flood Plain Variation to omit compensatory storage
Accessory Building Height Variation
This package of requests has history going back to early 1990.
Following is a summary of that history:
April 1990: Application was made for a Flood Plain Special Use
and a zoning variation to allow construction of an
addition to an existing accessory building (garage) .
The proposed location is in the flood plain and the
petitioner also wanted to exceed the existing build-
ing height - approximately 20 feet - instead of the
15 feet maximum height permitted for an accessory
structure. The addition was proposed to be 22 feet
high. During the review process, Mr. Cantore also
asked to omit the required compensatory storage on
the basis that the Salt Creek dredging project had
already removed a considerable amount of his prop-
erty.
Subsequently, the Plan Commission and Zoning Board of
Appeals recommended approval of the Flood Plain
Special Use subject to certain conditions and the
Zoning Board of Appeals recommended denial of the
accessory building height variation.
June 1990: The Board of Trustees voted to deny the accessory
building height request and tabled the Flood Plain
Special Use pending the resolution of questions
regarding the compensatory storage.
cantore.doc pg6
��i
July 1990: Mr. Cantore requested waiver of the compensatory
storage requirement and the Board of Trustee again
tabled the Flood Plain issues pending submission of
plans for the compensatory storage.
Jan. 10, Mr. Cantore submitted two petitions as follows:
1992 : 1) A variation to the flood plain regulations to
omit the compensatory storage required by his
proposed Flood Plain Special Use for the acces-
sory building addition.
2) A re-submittal for the accessory building height
variation. The requested height has been re-
duced to 20 feet, matching the height of the
existing structure.
March 3 , The Zoning Board of Appeals held the following
1992 : public hearings:
1) Re: the flood plain variation to omit the com-
pensatory storage. This hearing was continued
until the April 7 meeting pending the receipt of
the Plan Commission recommendation.
2) Re: The accessory building height variation,
recommended approval by a vote of 4 to 1. There
were no objections from the public. Please see
page 14a of the Accessory Building Height Varia-
tion file for the basis of this motion.
March 16, The Plan Commission reviewed the Cantore proposals
1992 : and recommended, by a vote of 4 to 1, approval of the
variation to omit the compensatory storage. Please
see page 20 of the Flood Plain Variation Compensato-
ry Storage file for the basis of this motion.
April 7, The Zoning Board of Appeals continued the public
1992 : hearing regarding the Flood Plain Variation with
the following additional information:
1) The Plan Commission recommendation.
2) The letter from the DPC Department of Environ-
mental Services which objects to the omission
of the compensatory storage.
After a motion to approve failed by a vote of 2 to
4 , a motion to deny -was passed by a vote of 4 to 2 .
Conclusions
Flood Plain Variation to omit Compensatory Storage:
While approval of this variation will have little effect on
flooding potential and would allow Mr. Cantore to preserve
some of the natural setting of his property, it should be
noted that it would reduce to some extent the positive
effects of the Salt Creek dredging project and may set
a precedent for requests by other property owners along
cantore.doc pg6
02�
•
Salt Creek where the dredging project took place.
Flood Plain Special Use
Subject to the above variation decision, this request is ready
for final action.
Accessory Building Height Variation
In my opinion, approval of this variation should be examined
carefully. The existing accessory building (garage) including
the addition is not within any required yard and is approximately
155 feet from any of the neighboring lot lines along Forest Trail
Drive. The property involved is approximately 4 acres in area
which is far larger than the less than 1/2 acres lots it abutts.
Because of the above, the addition, if approved, will have no
discernible affects on any neighboring property. The overall
intensity of use of this property is extremely low when compared
with a standard R-3 or R-4 lot. My recommendation is for approv-
al .
If you wish to approve any of the above proposals, it would be
appropriate to authorize the attorney to draft the necessary
ordinances for action at your next meeting.
cc: Stephen Berley
Robert Nielsen
Margaret Rimbo
I
cantore.doc pg6
G r'OF OAAr VILLAGE O F OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990- 3000
April 10, 1992
RE: Cantore Flood Plain Special Use
Cantore Accessory Building Height Variation
Cantore Flood Plain Variation
Dear Madam President and Board of Trustees:
The Zoning Board of Appeals has made recommendations regarding
the various requests of Mr. Cantore of 160 Forest Trail Drive.
Mr. Cantore wants to build an addition to the existing detached
garage building on his site . The addition is within a Flood
Plain and exceeds the 15 foot maximum height for accessory struc-
tures.
The recommendations have been as follows:
Flood Plain Special Use
June 5, 1990 - For approval - unanimous
Note: This item was tabled by the Board of Trustees at their
meeting of June 26, 1990 pending the resolution of the
request to omit the compensatory storage.
Accessory Buildings Height - 20 feet instead of the 15 foot
maximum permitted.
June 5, 1990 - for denial - unanimous
March 3 , 1992 - for approval - 4 to 1 with 1 abstention.
cantore.doc pg4
Flood Plain Variation - to omit the required compensatory stor-
age.
April 7, 1992 - for denial - 4 to 2
For additional information, please refer to the meeting minutes.
All of the above were accomplished after holding the required
public hearings. The ommission of the compensatory storage was
objected to by a resident of Yorkshire Woods (Rood / Dudek 15
Yorkshire Woods) who also had the dredging along the rear of his
property and has an approved Flood Plain Special Use which in-
cludes compensatory storage.
Sincerely, y
William Kenny
Chairman
Zoning Board of Appeals
cc: petition files
cantore.doc pg4
A Z VILLAGE OAK BROOK MAF T
NG BOARD OF APPEALS MINUTO
April 7, 1992
I. CALL MEETING TO ORDER
This meeting was called to order at 7:32 p.m.
II. ROLL CALL
MEMBERS PRESENT: Members William Kenny
Louis Aldini
Champ Davis
Dorothy Dosedlo
Paul Goeken Martis
Manu Shah
MEMBERS ABSENT: Member Raymond White
ALSO PRESENT• Engineer Dale Durfey
. Director of Code Enforcement Thomas Hawk
A quorum was present.
III. APPROVAL OF MINUTES
Member Martis moved, seconded by Member Dosedlo , to waive the
reading of the minutes and to approve them as written.
VOICE VOTE: All in favor - motion passed.
— --�IV. CANTORE = 160 FOREST TRAIL = FLOOD PLAIN VARIATION
This is a continuation of the public hearing of March 3 , 1992.
Mr. Joe Cantore and Attorney Greg Kulis were sworn.
The minutes of the March 16, 1992 Plan Commission meeting indi-
cate their approval of this request by a vote of 4 to 1.
Also, we have received a letter from Mr. Bruce Maki of the DuPage
County Department of Environmental Concerns which objects to the
approval of this request.
The board and petitioners reviewed the proposal.
Mr. Dudek, of 15 Yorkshire Woods , who also had the dredging
project along the rear of his property and who has an approved
Flood Plain Special Use with compensatory storage, objected to
the granting of the variation.
ZONING BOARD OF APPEALS Minutes April- 1992
1
Member Aldini m d, seconded 'by Member D is, to recommend - --
approval of thisequest on the basis tha*he request is in
accordance with the Standards of Section 10-35 (e) of the Village
Code.
ROLL CALL VOTE: Ayes: Louis Aldini
Champ Davis
Nays: William Kenny
Dorothy Dosedlo
Paul Goeken Martis
Manu Shah
Motion fails.
Member Martis moved, seconded by Member Shah, to recommend denial
of this request on the basis that it did not meet the necessary
standards of Section 10-35 (e) .
ROLL CALL VOTE: Ayes: Paul Goeken Martis
Manu Shah
Dorothy Dosedlo
William Kenny
Nays: Louis Aldini
Champ Davis
Motion passed.
V. MUTUAL LIFE INSURANCE - 2000 YORK ROAD - ZONING ORDINANCE
AMENDMENT AND SPECIAL USE REQUEST _ PUBLIC HEARING
This request is to amend the zoning ordinance to add "Radio and
television stations and production studios" to the permitted
Special Uses in an ORA-1 zoning district; and also to approve
such use for 2000 York Road.
The petitioner was represented by Attorney Dave Gooder; Mike
Adams, Jim Cushing, and Randy Davis of Chicagoland Television;
and Robert Jones, a consulting broadcast engineer.
All were sworn.
The petitioners presented a brief video file describing Chicago-
land Television and made a presentation covering the following:
1) The characteristics of their proposed use of the property as
described in their petition documents.
2) The parking available and their actual parking needs. It was
estimated that their 120 employees would have an actual parking
space need of 60 or less based on the fact that many employees
are off-site much of the time.
ZONING BOARD OF APPEALS Minutes Aprill, 1992
2
rr�rrrr....
r APR-01-1992 13:46 FR0r,JWPC ENVIROHNENTAL CONCERW: TO 9-
u 411.odd
1 �
DuPage County u
DEPARTMENT OR ENVIRONMENTAL CONCERNS
421 N.COUNTY FARM ROAD
WHEATON,iLUNO1S 80187
708-882.7130
Ge
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,
Y; APR 0 1 1992
;rt r+ it a: BRO09l Y►
March 30, 1992 DE;*
Mr. Dale L. Durfey, P.E.
Village Engineer
Ordinance Administrator
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60521
Dean Dale:
Re: Cantore Flood Plain Compensatory Storage Variation Request
The Department has reviewed the information you provided concerning
this request for variation of the compensatory storage requirement.
t -
We -do not feel any exceptional circumstance prevents the application
of the compensatory Flood plain requirement: Therefore, the
Department would object to issuing this variance.
As you are aware, the Ordinance does not specify a minimum allowable
amount of flood storage displacement, since it is the cumulative
effect of such small displacements that can raise flood elevations.
Please feel free to call myself, or ' Jon Steffen should you need
additional information in this matter.
Sincerely,
Bruce W. Maki
Administrator,
Stormwater Permits
BWM:jmp
c Jon Steffen, Principal Engineer
Community File
G�pF Oqk 9
Vi LLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 6.0521 -2255
March 27 , 1992 708 990-3000
Mr . Jeffrey S . Dailey, P.E.
Chief Engineer Stormwater Management Division
DuPage County Department of Environmental
Concerns
421 N. County Farm Road
Wheaton, Illinois 60189
RE: Cantore Flood Plain Variation Request
160 Forest -Trail
Dear Jeff :
To further update your file on this subject , enclosed please find the draft
minutes of the March 16 , 1992 Plan Commission meeting. The Plan Commission
recommended approval of the variation based on two (2) reasons:
1 . There will be little or no detrimental effects to other property
owners .
i
2. To protect the natural habitat that exists on this property.
Your Bruce Mackie telephoned me earlier this week to inform me of the
County' s recommendation that Oak Brook not grant the Flood Plain Variation.
I replied that I needed the County' s response in writing for the file which
Bruce said that he would do. I trust that your written response is in the
mail since I have not received it ,yet . After reviewing the draft Plan
Commission meeting minutes, please call me if you have any questions .
Sincer y,
Z'(',/(Z-1W
Dale L. Durfey, Jr. , P.E. ,
Village Engineer-
DLD/eta
Enc.
cc: Tom Hawk, Director of Code Enforcement
VILLAGE OF OAK BROOK
PLAN COMMISSION
March 16, 1992
I. CALL MEETING TO ORDER
The meeting was called to order at 7:31 p.m.
II. ROLL CALL
MEMBERS PRESENT: Tom Doyle
Bernie Dudek
Donald Haglund
George Mueller
(left at 8 :46 p.m. )
Donald Sandstedt
MEMBERS ABSENT: Al Savino
Anthony Tappin
ALSO PRESENT: Trustee Kelly Skinner
Engineer Dale Durfey
Director of Code Enforcement Thomas Hawk
A quorum was present.
Member Mueller moved, seconded by Member Haglund to elect Don
Sandstedt as acting chairman in Al Savino's absence.
VOICE VOTE: All in favor - motion passed.
III. APPROVAL OF MINUTES
Member Doyle moved, seconded by Member Mueller, to waive the
reading of the minutes and to approve them as written.
VOICE VOTE: All in favor - motion passed.
IV. & V. CANTORE BUILDING HEIGHT VARIATION AND FLOOD PLAIN
VARIATION - 160 FOREST TRAIL
Attorney Greg Kulis was present on behalf of Mr. Cantore who was
unable to attend.
Since the Cantore Building Height Variation and Flood Plain
Variation are related issues, they were discussed together. The
building height variation requires no action by the Plan Commis-
sion but was placed on the agenda for informational purposes
only.
PLAN COMMISSION Minutes -1- March 16, 1992
02/
Mr. Kulis described the petitioner' s request, including the
following:
1) The building height request is an addition to the existing 20
foot high garage.
2) The compensatory storage volume required is approximately 92
cubic yards and the variation requested is to omit this
requirement.
3) The dredging of Salt Creek removed approximately 3470 cubic
yards of soil from Mr. Cantore's property.
4) The effect on floods would by very small.
5) To provide the storage would require further damage to the
natural characteristics of the property.
6) Several additional trees would have to be cut down.
Engineer Durfey confirmed that the effect on flood elevation
would be small, but that it cannot be considered nothing. He has
sent a letter to the County asking for their comment.
There was no public testimony in opposition to this proposal.
Member Doyle moved, seconded by Member Haglund, to recommend to
the Zoning Board of Appeals and Board of Trustees approval of the
petitioner' s request to omit the compensatory storage requirement
of approximately 92 cubic yards . This motion is based on the
following:
1) There will be little or no detrimental effects to other
property owners.
2) To protect the natural habitat that exists on this property.
ROLL CALL VOTE: Ayes Tom Doyle
Donald Haglund
George Mueller
Donald Sandstedt
Nays Bernie Dudek
Motion passed.
VI & VII. MUTUAL LIFE INSURANCE - 2000 YORK ROAD_ ORDINANCE
AMENDMENT AND SPECIAL USE.
The petitioner was represented by the following people:
Dave Gooder - Attorney
Mike Adams - Director of News
Jim Cushing - Director of Business Affairs
Randy Davis - Project Manager
Bob Jones - Engineer
Jean Meyers - Real Estate Manager
PLAN COMMISSION Minutes -2- March 16, 1992
�D
ti
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F y
COUNT.4'
VILLAGE O F OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
March 5, 1992 708 990-3000
Mr. Joseph Cantore
160 Forest Trail
Oak Brook, IL 60521
Dear Mr. Cantore:
The Zoning Board of Appeals at their meeting of March 3 , 1992 ,
held the following public hearings regarding your requests:
Flood Plain Variation
You and your attorney presented your request and answered
the questions of the Board.
This hearing was continued until the April 7, 1992 Zoning
Board of Appeals meeting to receive the Plan Commission
recommendation regarding this issue.
Please attend the March 16, 1992 Plan Commission meeting
and the April 7, 1992 Zoning Board of Appeals meeting.
Accessory Building Height Variation
The hearing was held and concluded and the Board voted by
a margin of 4 to 1 to recommend approval.
With your approval, this item is being held and will go to
the Board of Trustees with the Flood Plain Variation. The
tentative date for this to take place is April 28, 1992 .
Please call if you have any questions.
sincerely,
// " e.--�4�
Thomas R. w
Director of Code Enforcement
cc: petition files
CANTORE.DOC
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FCOUNTr
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
March 4 , 1992 708 990-3000
Mr . Jeffrey S . Dailey, P.E.
Chief Engineer Stormwater Management Division
DuPage County Department of Environmental
Concerns
421 N. County Farm Road
Wheaton, Illinois 60189
RE: Cantore Flood Plain Variation Request
160 Forest Trail
Dear Jeff :
This is to inform you that , on January 10, 1992 , Joseph Cantore filed for a
flood plain variation to eliminate the compensatory storage requirement
from his previously approved flood plain special use permit . The Village
of Oak Brook is in the process of hearing this variation request and has
not yet reached a decision.
Attached for your information are the following documents from the file:
1 . Application
2 . Letter dated January 24 , 1992 from Joseph F. Cantore.
3 . Memo dated January 16 , 1992 from myself .
4 . Letter dated November 12 , 1991 from Dirk Fuqua.
5 . Memo dated July 7 , 1990.
6. Copy of site grading plan received on February 4 , 1992.
Since the application was made prior to the effective date of the new
ordinance, I am not sure whether you have any standing in this matter , but
I am sending you this information for your review and comment in any event .
Mr . Cantore is proposing a small addition to an existing garage which will
displace 0 .06 acre feet of flood storage along Salt Creek. His variation
asks that the compensatory be waived for such a small amount of volume.
I would appreciate your review and comments on this variation request . The
Plan Commission will be hearing he request at their March t g q 16 h meeting and
the Zoning Board of Appeals will be finalizing their deliberations at their
April 7th meeting. The matter will then go to the Village Board at its
rzecting of April 28, 1992 .
March 4 , 1992
Page 2
Your prompt response and comments would be appreciated so that our various
review bodies have the benefit of your input .
Sinc ely,
Q..
Dale L. Durfey, Jr . , P.E. ,
Village Engineer
DLD/etg
Enc.
cc: Tom Hawk, Director of Code Enforcement
t7 X
VILLAGE OF OAK BROOK
ZONING BOARD OF APPEALS MINUTE D"F
March 3, 1992
I. CALL MEETING TO ORDER
This meeting was called to order .at 7:32 p.m.
MEMBERS PRESENT: Members William Kenny
Champ Davis
Dorothy Dosedlo
Paul Martis
Manu Shah
Member White arrived at 8:21 p.m.
MEMBERS ABSENT: Member Louis Aldini
ALSO PRESENT: Trustee Kelly Skinner
Village Engineer Dale Durfey
Director of Code Enforcement Thomas R. Hawk
A quorum was present.
II. APPROVAL OF MINUTES
Member Martis moved, seconded by Member Dosedlo, to waive the
reading of the minutes and to approve them as written.
VOICE VOTE: All in favor - motion passed.
II. Cantore. Flood Plain Variation, 160 Forest Trail
Public Hearing
The petition is a request to waive the required compensatory
storage for his proposed addition to an accessory building.
Joseph Cantore and his attorney, Greg Kulis, were sworn.
Mr. Cantore and Mr. Kulis made a presentation and answered the
questions of the Board. The following points were covered:
1) The compensatory storage volume involved is approximately 92
cubic yards.
2) The Salt Creek dredging project removed approximately 3470
cubic yards of earth from Mr. Cantore's property - none of
which was silt. The channel was widened approximately 10
feet and many trees were removed. Mr. Cantore received no
compensation of any kind.
3) Engineer Durfey indicated the volume (92 cubic yards) is
small and that eliminating this requirement is a policy
discusion.
ZONING BOARD OF APPEALS Minutes -1- March 3, 1992
4) The petitioner feels that his request will have no detrimen-
tal effects.
5) The hardships alleged is that to comply will require further
damage to the natural characteristics of the property which
are unwarranted in light of the extensive changes caused by
the dredging.
6) No IDOT permit is required.
7) No measurable increase in flood heights.
8) The Plan Commission recommendation has not yet been received.
There was no public testimony regarding this request.
The Public Hearing was continued until the next meeting, April 7,
1992 , to allow for the Plan commission recommendation. The Plan
Commission has this proposal on their agenda for March 16, 1992.
IV. CANTORE , ACCESSORY BUILDING HEIGHT VARIATION, = 160 FOREST
TRAIL = PUBLIC HEARING
The petition is requesting a variation to permit an addition to
an accessory building to have a height of 20 feet instead of the
15 feet maximum permited.
Mr. Cantore and Attorney Kulis made the presentation and answered
the questions of the Board.
The following points were covered:
1) The existing accessory structure is 20 feet in height.
2) The proposed addition is a 2 story design and has an area of
approximately 1360 square feet.
3) The architecture is consistent with the present building.
4) The accessory building including the addition is wholly with-
in the buildable area.
5) The addition is not visible from any of the neighbors proper-
ties in Oak Brook.
6) The addition is approximately 195 feet from the nearest neighbor.
7) The lot is approximately 4 acres in area which is far larger
than any neighbor and the 25,000 square feet minimum in the
R-3 zoning district.
8) By keeping the footprint as small as possible, this minimizes
the intrusion into the flood plain, the damage to the natural
land characteristics of the property, and the overall land
coverage.
9) There are no detrimental effects.
10) Alternatives are not feasible economically.
There was no testimony from the Public.
Member Shah moved, seconded by Member white, to recommend approv-
al of the proposal as requested. This motion is based on the
following:
ZCNING BOARD OF APPEALS Minutes -2- March 3, 1992
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9CFCOUNt-4
VILLAGE O F OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990- 3000
February 24 , 1992
Mr. Joseph Cantore
160 Forest Trail
Oak Brook, IL 60521
Dear Mr. Cantore:
Last Monday, February 17 , 1992 , the Plan Commission tabled con-
sideration of your Flood Plain variation request.
In order to avoid any confusion regarding your petitions, follow-
ing is a schedule of meetings for you to use.
March 3 , 1992 Zoning Board of Appeals -
a) Flood Plain variation public hearing
b) Building height variation public hearing
Since the Zoning Board of Appeals won't have
the recommendation of the Plan Commission they
will have to continue hearings until April 7,
1992 .
March 16, 1992 Plan Commission -
a) Flood Plain variation - review & recommenda-
tion
b) Building height variation- review
April 7, 1992 Zoning Board of Appeals -
Make recommendation on both proposals
CANTORE.DOC
Page 2 of 2
April 28, 1992 Board of Trustees -
a) Flood Plain variation
b) Flood Plain Special Use
c) Building height variation
If approved authorize attorney to draft neces-
sary ordinance(s) .
May 12 , 1992 Board of Trustees -
Execute ordinance
Hopefully, we will be able to stay on this schedule.
Sinc ely,
iatejz
Thomas R. Hawk
Director of Code Enforcement
cc: official file
Tom Hawk' s file
CANTORE.DOC
/5
554 7"
MF
VII. CANTORE FLOOD PLAIN VA*O'N OMIT COMPENSATORY STORAGE, 160 FOREST If
See item VI.
Vill. ADJOURNMENT
Member Haglund moved, seconded by Member Tappin, to adjourn.
VOICE VOTE: All in favor - motion passed.
Meeting adjourned at 8:17 p.m.
Date Approved
Approved
PLAN COMMISSION Minutes -3- February 17, 1992
i
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or Oak Brook.DuPaga
nd°"'Ocok"k ou`t�:a l°`16�w1a will bis held on Maids'%1992 al
72o p m in it*Oak Bromic Mat,1200 Oak Brook A=d.
Cardom kw,a+olsH a>ti�,.pee a irt applatbsi d:loe:s�
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Flood-PR d V d�d o wool.
llkols.The property rrry be gsnteraty described as 10 Forest
Tral,Oak Brook 1Mndr:and dhs legal description Is as kila,a:
The pen,of Lot 1 Vitt stns-d the center d Sell
Creak in owners division of 1 Aswesment plat at the
C,sorge Atwater Estate In the Northwest Ouarter at
Section 23.Too"*Meridiem,a000rdkhg to the plat
thereof recorded February 10: 1934 as Document
' '"D�'0e PUBLISHER'S CERTIFICATE
Also.lot 104(Except the North 80.0 lest H wWth
thered),measured at right wtgiait to the north Ira of
saw tot.in TMber Trails Estates,Ur*No.2.bein a
subdivision d pan of the Northeast quarter d Section
23.Township 39 North.Range 11 East to the plat tared
recorded November 13.1947 so Document s533M.in
DuPage County.illrols.
Perntarront Parcel xM23.105-003
The petitioner is requesting the waiver of the 'Y That the notice a true copy of which is attached to this certificate,
requirement for conVeneatory storage required by the
proposed construction of an addition to an accessory
building. DOINGS once each week for .wt:e weeks successive) • that the
An person desiring to be heard In support d or In opposition . . . . . y+
o the proposed Flood Plain Variation or any provision thered.
A be afforded an opportunity to do so and mey sit m*their .tion was the 1 day of . Fearuary . A. D. 19 and
statements orally or In writing or bah.The hearing may be
ecessed to another date I notice of time and place thered is by
iewspaper pubtloatiorh not less than live(5)days prior to the publication was the . . . . . . . . . . . day of. . . . . . . . . . . A. D. 19 . . . . . .
We of the recessed hearing.
The petition application is on file with the Village Clerk and
ma the he pour d Code EMOrc y afft Persons wishing to CERTIFIED That THE DOINGS is a secular newspaper of general
uartsne the petition dowmants may arrange to do so with the
'JoW.996 d3M Erhforaemhxht."'°'>,°`"'""`''2n2 oak Brook
ella eekly in the Villages of Hinsdale, Clarendon Hills, Oak Brook, Burr
"��cion, d Cities of Darien and Oakbrook Terrace and circulated generally in the
Published at the direction of the Corporate Authorities and the
'oning Board d Appeals of the Village a oak Brook,ouPage arendon Hills,Oak Brook,Burr Ridge, Willowbrook and Cities of Darien
;nd Cock Counties.Illinois.
'wlthed In The Doings February 12 1.992. ind adjacent unincorporated and incorporated areas, and in DuPage and
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 his 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
. . . . . . . . . . . . . . .13th. . . . . . . . . day of . . . . . . . . . . February. . . . . . . . ., A.D. 19 9.2 . . .
Publishers Charge . . .$5 , 9.2 . . . . . .
Publisher
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VILLAGE O F OAK BROOK
1200 OAK BROOK ROAD
February 7 , 19 99A BROOK, ILLINOIS 60521 -2255
708 990- 3000
Dear Resident:
The Oak Brook Plan Commission and/or Zoning Board of Appeals,
and the Village Board will be considering a:
Flood Plain Variation and Variation to the Zoning Ordinance
at the meetings as scheduled on the reverse side of this notice.
The application has been filed by: Mr. Joseph Cantore
Relationship of applicant to property: Owner
Name of subdivision (if applicable) : Timber Trails
The property in question is located at: 160 Forest Trail
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:
Flood Plain Variation:
To omit the compensatory storage required by an accessory
building addition.
Variation to the Zoning Ordinance:
To permit a 20 foot high addition to an existing non-conforming
accessory building (garage) instead of the required maximum
of 15 feet height.
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,
fas R. Hawk
Director of Code Enforcement
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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. , Feb. 17 , 1992
Zoning Board of Appeals . . . . 7 : 30 p.m. , Tues. , Mar. 03 , 1992
Board of Trustees Meeting 7 :30 p.m. , Tues. , Mar. 24 , 1992*
*tentative
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APPENDIX A—ZONING Sec. XIII
could otherwise be achieved by a rezoning of the
property involved, such as, but not limited to,
establishment or expansion of a use not permitted in a
residence district; authorizing the construction of
residences in other than residence districts; nor
authorizing other than single-family detached res-
idences in the R1, R21 R3 and R4 Districts.
(6) Re-applications: Any person, firm, or corporation
having been denied a variation to the Zoning
Ordinance respecting a specific parcel of property may
not re-apply for a like variation on said real property
until the period one (1) year has elapsed since the
denial of the application for variation by the
President and Board of Trustees. (Ord. No. G-137,
9-14-71)
(H) Plan Commission.
Jurisdiction.
The Plan Commission of the Village, which has been duly
established with functions as prescribed by the Illinois
Statutes, is the Plan Commission referred to in this
ordinance, and shall have the following duties under this
ordinance:
(1) Receive from the Village Clerk copies of applications
for proposed amendments and thereafter may submit
its recommendations thereon to the Zoning Board of
Appeals and Board of Trustees.
(2) Receive from the Building Inspector copies of applica-
tions for proposed Special Uses and thereafter submit
its recommendations thereon to the Building Inspector
and Board of Trustees.
(3) Act on all other matters which are referred to it as
required by the provisions of this ordinance.
(4) Review, from time to time, the provisions of this
ordinance and to make reports of its recommendations
with respect to proposed amendments to the Board of
Trustees.
��w I
i
I
i
! § 10-35 OAK BROOK CODE
- i
such application to the zoning board of appeals for
processing in accordance with applicable statutes of the
State of Illinois and one copy to the board of trustees.
(e) Standards: The recommendation of the zoning board
of appeals and the decision of the president and board of
trustees on an application for a variation to the provisions
of this article shall be based on the following standards, the
burden of showing to be borne by the applicant:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the variation
would result in exceptional hardship to the applicant;
and
(3) A determination that the variation will not result in
increased flood heights, additional threats to public
safety, extraordinary public expense, create nui-
sances, cause fraud on or victimization of the public,
conflict with other existing ordinances, or conflict with
the intent of this article.
(f) [Conditions and Restrictions:] The zoning board of
appeals may recommend and the board of trustees may
require such conditions and restrictions upon the premises
benefited by a variation as may be necessary to comply with
the standards set forth in this section to reduce or minimize
the injurious effect of such variation upon other property in
the neighborhood, and to implement the general purpose
and intent of this article.
(g) [Insurance rates:] The village shall inform applicants
for variations that should a variation be granted to build a
structure with its lowest floor below the base flood
elevation, it could result in flood insurance premiums as
high as twenty-five dollars ($25.00) per one hundred dollars
($100.00) of insurance coverage. (Ord. No. G-217, § 2,
9-27-77; Ord. No. G-277, § 7, 1-27-81; Ord. No. G-364, § 3, 9-10-85)
Secs. 10-36--10-45. Reserved.
Supp. No. 30
638 �
PLANNING AND ZONING § 10-35
tion, "Flood-Proofing Regulations," June, 1972, GPO:
1973 0-505-026 edition, or any subsequent edition
thereof. (Ord. No. G-217, § 2, 9-27-77; Ord. No. G-364, § 2,
9-10-85)
Sec. 10-35. Variations.
(a) [President and Board of Trustees May Grant:]
Variations to the provisions of this
u ion recommendation
by the president and board of trust ees p
by the zoning board of appeals.
(b) Authority: The board of trustees shall decide all applica-
tions for variations of the provisions of this division after a public
hearing held before the zoning board of appeals on such notice as i
shall be required by the Illinois Statutes for zoning variations.
The zoning board of appeals shall hold public hearing upon all
applications for variations and shall report its recommendations
I
to the board of trustees as to whether a requested variation
would be in harmony with its general purpose and intent, and a
shall recommend a variation only where it shall have
finding of fact specifying the reason or reasons for recommending
the variation. Such findings shall be based upon the standards
prescribed in subsection (e) below. No variation shall be granted
1 by the board of trustees without such findings of fact. The con-
curring vote of four (4) members of the zoning board of appeals
shall be necessary to recommend in favor of the requested varia-
tion. In the case of a variation where the zoning board of appeals
mails to recommend the variation, it can only be adopted by an
ordinance with the favorable vote of two-thirds of the trustees.
(c) Initiation: An application for any office,
triplicate and may be made by a y governmental
department, board, bureau or commission, or by any person,
firm or corporation having a freehold interest, a possessory
interest entitled to exclusive possession, a contractual
interest which may interest as livable t o the land or land
exclusive possessory pp application for a
and improvements described in the app
variation.
(d) Processing: An application for a variation shall be
filed with the village clerk who shall forward one copy of
Supp. No. 30 637
`I
Sec. XIII OAK BROOK CODE
(1) The particular physical surroundings, shape, ---''
or topographical conditions of the specific
property involved would bring a particular
hardship upon the owner as distinguished
from a mere inconvenience if the strict letter
of the regulation were to be carried out.
(2) The condition upon which the petition for
variation is based would not be applicable
generally to the other property within the
same zoning classification.
(3) The granting of the variation will not be
detrimental to the public welfare or injurious
to other property or improvements in the
neighborhood in which the property is lo-
cated.
(4) The proposed variation will not impair an
adequate supply of light and air to adj acent
property, or substantially increase the danger
of fire, or otherwise endanger the public safety
or substantially diminish or impair property
values within the neighborhood.
(5) That the purpose of the variation is not based
exclusively upon a desire to make more money
out of the property.
(6) That the alleged difficulty or hardship has
not been created by any person presently
having an interest in the property.
(c) The Zoning Board of Appeals may recommend
and the Board of Trustees may require such
conditions and restrictions upon the premises
benefited by a variation as may be necessary to
comply with the standards set forth in this section
to reduce or minimize the injurious effect of such
variation upon other property in the neighbor-
hood, and to implement the general purpose and
intent of this ordinance. E
(5) Unauthorized Variations: The variation procedure E
shall in no case be used to accomplish a result which
968
APPENDIX A—ZONING Sec. XIII
office, department, board, bureau or commission, or by
any person, firm or corporation having a freehold
interest, a possessory interest entitled to exclusive
possession, a contractual interest which may become a
freehold interest, or any exclusive possessory interest
applicable to the land or land and improvements
described in the application for a variation.
(3) Processing. An application for a variation shall be
filed with the Village Clerk who shall forward one
copy of such application to the Zoning Board of
F
Appeals for processing in accordance with applicable
Statutes of the State of Illinois and one copy to the
Board of Trustees.
(4) Standards:
i
(a) The Zoning Board of Appeals shall not recom-
mend a variation of the provisions of this
ordinance as authorized in this section unless it
shall have made findings of fact based upon the
evidence presented to it on the following specific
issues that:
(1) The property in question cannot yield a
reasonable return if permitted to be used only
under the conditions allowed by the regula-
tions governing the district in which it is
located.
(2) The plight of the owner is due to unique
circumstances.
(3) The variation, if granted, will not alter the
essential character of the locality.
(b) For the purpose of supplementing the above
standards, the /Zoning Board of Appeals, in
making the determination whether there are
practical difficulties or particular hardships, shall
also take into consideration the extent to which
the following facts, favorable to the applicant,
have been established by the evidence that:
967
i
Sec. XIII OAK BROOK CODE
I
give due notice thereof to parties and shall decide
the appeal within reasonable time. The Board may
reverse or affirm, wholly or.partly, or may modify
the order, requirement or decision or determina-
tion as in its opinion ought to be made on the
premises and to that end has all the powers of the
official from whom the appeal is taken.
(4) Decisions: All decisions, after hearing of the Zoning
Board of Appeals on appeals from an administrative
order, requirement, decision, or determination of the
Building Inspector or other authorized official of the
Village of Oak Brook, shall, in all instances, be final
administrative determinations and shall be subject to
judicial review only in accordance with applicable
Statutes of the State of Illinois.
(G) Variations.
(1) Authority. The Board of Trustees shall decide all
applications for variations of the provisions of this
ordinance after a public hearing held before the
Zoning Board of Appeals on such notice as shall be
required by the Illinois Statutes. The Zoning Board of
Appeals shall hold public hearings upon all applica-
tions for variations and shall report its recommenda-
tions to the Board of Trustees as to whether a
requested variation would be in harmony with its gen-
eral purpose and intent, and shall recommend a varia-
tion only where it shall have made a finding of fact
specifying the reason or reasons for recommending the
variations. Such findings shall be based upon the stand-
ards prescribed in Section XIII G-4 of this ordinance.
No variation shall be granted by the Board of Trustees
without such findings of fact. In the case of a
variation where the Zoning Board of Appeals fails to
recommend the variation, it can only be adopted by an
ordinance with the favorable vote of two-thirds of the
Trustees.
(2) Initiation: An application for a variation shall be in
triplicate and may be made by any governmental
966
��T- - C.ANT'J_ t,1�O e_t T� 1 .
C. r�..c r.�<1�LS "
(Iou' OrK'. 'T
1 CO:!PFNSATORY c;voAG VARI TTON - ?eferred. `o_ ?' ^, Cc^aissicn Meet— COXPE;V`SA1
TOR
and Zonno ward oz �r�?1's _?eet�^.c of ? arc 3, STORAGE VAR.
of F 1
1992: Approved 'us VC t3-
2. BUILDING EIGn'1' VARIATION - Referred to Pla.� Ccmtiissior_ ,reetir_a of BUILDING
of Deals Peering of `!arch 3 HEIGHT LIAR.
Februa_'".; d Zoni^.a Soar
1992: Approved Cmribus Vote.
PAYOUTS:
D. PAYOUTS:
1 CR.AWr ORD, MtJt?o?=_' TT?�I:I, L`iC. - P71YO`JT 41 - #iINL'SCR ARG_R SRI C'AT:WI`flDi SOR E
cc Approved Omnibus Voce. HARGER BRIDGE
DESIGN: Ap_ � $5,403.22
oR �ScIQNP.T1 F`IGI��_??TtG BE:vES:.iORIE
2. JAY S J. BENS 1 AESOCIATES - PAYOUT 43 - _ Q-
SERVICES - JORIE ECJL"`I;jo °AUS: Approved Cmni�.us Vote. BLVD. F?�US
$15,447.42
BENES P AYOUT �7 - lcol PAVING PRO.1ZCT: BENES: `91 PAC
3. JAMIS T
p°.OJECT
Approved G=nsus Vote. $4,490.45
E OAK BROOK/OA103ROOK 'I-_ERACL WATER SIR712 AGREE`= - REOUEST TO TABLE TO OB/OBT WATER
BOARD OF RUST=-S" MEETING OF FEBRUARY 11, 1992: Approved Omnibus SERVICE AGMT.
Vote.
6. IT_'I-S REUO� FROM CONS, Z`T AGEN DA:
None.
7. ORE)INANC°. S AND RESOLUTIONS:
A. RESOLUTION NO. R-550 A RESOLUTION AUTHORIZING THE EXECUTION OF LEASE FOR RES. R-550
USE OF VT77AC'E PROPERTY LOCATED AT 1220 OAK BROOK ROAD (Formerly 1308 Oak LEASE FOR
MAYORS AND MANAGERS CONFERENCE y 1220 OAK BROO_
Brook Road BY THE DU PAGE ROAD
Trustee Shumate suggested the 33 municipalities of the DuPage Mayors and
Managers Conference each pay a $100 monthly fee for rental of the Gazebo
building to the Village of Oak Brook. Executive Director, Lynn Montei,
stated the Conference would lose the free utility service as a non-profit
organization if any fees were collected. Trustee Shumate requested
striking the word "rent" from the lease agreement.
Trustee Payovich moved to pass Resolution No. R-550 authorizing the
execution of Lease commencing February 1, 1992 subject to proper financing
for the Leasehold improvements and waive the full reading thereof.
Seconded by Trustee Krafthefer. Roll Call Vote:
Ayes: 4-Trustees Krafthefer, Payovich, Skinner and Winters.
Nays: 2-Trustees Bartecki and Shumate.
Absent: 0-None. Motion carried.
B, RESOLUTION NO. R-551 RESOLUTION OF APPRECIATION - WALTER C- IMRIE' S
RES. OF APPR.
President Bushy read in its entirety the proposed Resolution of IMRIE
Appreciation commending Walter C. Imrie, 209 Oak Brook Road, for his
VILLAGE OF OAK BROOK Minutes
-2- January 28, 1992
January 24 , 1992
Tom Hawk
Village of Oak Brook
1200 Oak Brook Road
Oak Brook , IL 60521
Re: Variation of Flood Plan Regulation - 160 Forest Trail
Dear Mr . Hawk:
We are enclosing with this letter eighteen copies of our site
plan/survey per your instructions and a letter from I .D .O .T dated
November 12 , 1991 . We are requesting that the Village waive the
compensatory storage for the following reasons:
We have the letter from I .D .O .T . explaining that through the
creek widening we have lost approximately 3 ,470 cubic yards of earth
not including any silt taken from the bottom and sides of the creek .
We gave this land through an easement to the Village of OakBrook
and gave easements for access to our property , which takes away the
very private nature of our home and land .
o The Village of Oak Brook offered to plant trees and even
c°c offered monetary compensation but we declined this offer .
N
Co Further , we had the inconvenience of trucks and laborers
0o coming through our property to access the project . This we allowed
even though it was not in our easement agreement .
N We understand that the creek project was for the good of the
0 community as well as us personally . However , my wife Angela and I feel
cc
cn strongly about having to tear up our land for approximately 97 yards
5 of earth to be removed , when we have already given land , our privacy
Z and our convenience .
J
J
H
N Very truly ours ,
J
W
M Jose Cantore
Co
cc Joseph
C6
`O CANTOR E
N
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Illinois Department of Transportation
Division of Water Resources
201 West Center Court/Schaumburg,Illinois/60196-1096
November 12 , 1991
Mr . Joseph Cantore
925 South Route 83
Elmhurst , IL 60126
Dear Mr . Cantore :
Salt Creek Channel Improvement , Construction FR-327
I have received your letter of November 9, 1991
regarding the amount of material excavated from your
property under the execution of the above referenced
project .
According to our records , approximately 3470 cubic yards
of channel excavation was removed. None of this
material was considered silt by the Illinois Department
of Transportation.
If you have any questions , please call me at
(708)705-4331.
Sincerely ,
Dirk Fuqua ,06t ng Chief
Bureau of Construction & Operations
DF : car
cc : A. Laird
r � •
P
C.
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
January 16 , 1992 708 990-3000
MEMO T1J: Torn 11.r:':1: . Di r for of ('ode Enforcement
FROM : Jr . . P- E'.
SUBJ1:CT : k' loort Plain Special Use - Cantore
100 't'ort,st. Trail
01-1 Deceulbcr ] I - 1 :11 , 1 received a copy of a letter from Dirk Fuqua of IDOT
to Mr . Joseph Ca1-1tore stating "According to our records , approximately
3 . 470 cubic vards of channel excavation was removed. None of this material
was con;: iderecl silt by t.tr Illinois Department of Transportation. " My
undc.rstanding: iS, fl-It %11- . Cantor . c�as trying to get credit for his
development bY utilizing the State ' s Dredging Project .
IDOT accorrrplished its a.:rr sal. t. Crc;ck flood control project in this area of
Oak Ilrook in order to clear out previously deposited silt and to restore
some o1' the flo,v characteristics . l believe it is totally inappropriate
for any priv« tc property owner- to make claim that any of the IDOT work
should he crediti-d to a private development . I do not believe Mr . Cantore
should be given any crecli t for the IDOT work.
This oft.c-rnoon , i called Ed ltafacz of Cantore & Company and informed him of
my decision.
Respectfully submitted,
Dale L. Durfey , Jr . , P.E. ,
Village Engineer
DLD/eta
Cantore
vpv�OF Oq„a
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9CFCOUN0,`v
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990-3000
January 21, 1992
MEMO: President and Board of Trustees
FROM: Stephen Berley
Thomas Hawk
SUBJECT: Referrals - Cantore, 160 Forest Trail
lie have received two new petitions from Mr. Cantore of 160 Forest
Trail .
Mr. Cantore has previously petitioned for a Flood Plain Special
use for an addition to the accessory / garage building on his
property. Included with this request was a request for a build-
ing height variation which was subsequently denied. The FPSU
part of the request has been tabled since June of 1990.
The two petitions are:
1) a variation request to omit the compensatory storage
requirement
2) a re-application for the building height variation.
Please refer_ these requests for review by the Plan Commission at
their February 17 , 1992 meeting and to the Zoning Board of Ap-
peals for public hearing on March 3 , 1992 .
Respectfully submitted,
�_h_o as R. II
Stephen Menage `
Village Manager Director of Code Enforcement
Ts91-CrE.F114
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ZONING ORDINANCE FLOOD PLAIN
VI LLACL Of= OAK BROOK
1200 OAK BROOK ROAD Appeal Ea Variation
OAK BROOK, II. 60521 $100 $300
990-3000
Variation Q Special Use
APPLICATION FOR PUBLIC HEARING $300 $675
Amendment
310 HE FILL'D Will[ VILLAGE CLERK $650
Special Use
$400
ALL APPLICATIONS tiUST BE ACCOMPANIED BY PROPER FEE, PLAT OF SURVEY, AND 10 COPIES OF A
SCALE DRAWING, SHOWING ALL PERTINENT APPLICABLE INFORMATION; i.e. , PROPERTY LINES,
EXISTING BUILDINGS, LOCATION OF PROPOSED CONSTRUCTION, ANY BUILDINGS ON ADJACENT
PROPERTY WITHIN 100 FEET OF SUBJECT PROPERTY.
1)0 NOT WRITE IN THIS SPACE -- FOR OFFICE USE ONLY
Date Filed: January 10, 1992 Board of Trustees Referral: January 28, 1992
Notice Published: February 12, 1992 Newspaper: The DOINGS
Date Adjacent Property Owners NoLif led: Feb. 10, 1992•• Staff Referral: Feb. 13, 1992
Public Hearing Dates: Plan Conunission: Feb. 17, 1992 Zoning Board: March 3, 1992
Board of Trustees:March 24, 1992 Board of Trustees:
(tenat ve — App oval of Ordinance)
FEE PAID: $ 36'0 -00 IlecelpL No. 3�' Received By:
i
Village Clerk
APPLICANT TU COMPLETE
LOCA'r I ON
OF SUBJECT PROPERTY: 160 Forest Tr. PERMANENT PARCEL NO. 06-23-105-003
LOT 110. 1 SUBDIVISION: Timber Trails ADDRESS: 160 Forest Tr.
ZONING: R-3 ZONING ORDINANCE SECTION:
ACTION REQUESTED: Variation of flood plain C OMiD�iOS�To v STD,eAG�
/Q��u/R�r►t,� � — �-,6�r� • ,��oo�l��..��a .,f t�Br�w,�o s
I PROPERTY INTEREST OF APPLICANT: OWNER ® CONTRACT PURCIIASER F-1 AGENT a
OWUER(S) OF RECORD Joseph Cantore PHONE No. 833-2022 Vol-976490
ADDRESS 160 Forest Tr OakBrook, IL zip 60521
BEIIEFICIARY(IES) OF TRUST Same as Above PHONE NO.
ADDRESS ZIP
NAME OF APPLICANT Joseph Cantore PNon No. 833-2022
nurnicss
160 Forest Tr.OakBrook, IL Zip 60521
I (we) certify LhaL- all of Lh a above sLaL-ements and Lhe statements contained in any
papers or plans submiLL'ed herewith are true to the best of my (our) knowledge and
belief.
i (Slclni1l ure . 1,111 1cauit DaLe (Signal:urp•) Ahhlicnnt Date
NOTICE TO APPLICANTS
Filing Schedule - Available on Request
A Variation is a zoning adjustment which permits minor changes of district requirements
where individual properties are boLh harshly and uniquely burdened by Lite stricL
application of Lhe law. The power to vary is restricted and Lite degree of Variation is
limited to Lite minimum change necessary to overcome Lite inequality lnherenL 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 eilual opportunities with properties similarly zoned. You must: prove that,
land Is affected by special circumstances or unusual conditions. These must result in
uncommon Hardship and unequal treatment under Lite sLrict application of Lite 'Loniny
Ordinance. Where hardship conditions extend to other properties, a Variatlon cannot be
granted. The remedy for general hardship Is a change of the inap or 'Lite LexL of Lite
Zoning Ordinance.
2. You must prove that Lite coi►dbination of Lite Zoning Ordinance and Lite unc:onunon
conditions of your property prevents you from making any reasonable use of your land as
permitted by your present zoning district. Since zoning regulates land and not pdople,
Lite following conditions cannot be considered perLfiienL Lo Lite application for a
Variation: (1) proof that a Variation would increase Lite financial return from Lite
land, (2) personal hardship, (3) self-imposed Hardship. Li Lite Last case, Lite
recognition of conditions created after Lite enactment, of Lite Zoning Ordinance would
encourage and condone violation of Lite law.
3. No Variation may be granted which would adversely affect surrounding property or Lite
general neighborhood. All Variations must be in harmony w1Lh Lite InLenL and purposes of
Lite Zoning Ordinance.
Names of Surrounding Property Owners
Following are the names and addresses of surrounding property owners from LI►e property
in question for •a distance of 250 feel Ill all directions, and Lite number of feel
occupied by all public roads, streets, alleys, and public ways have been excluded In
computing Lite 250-foot requirement. Said names are as recorded in Llie office of Lite
County Recorder of Deeds (or Lite Registrar of Tiller; of Llie Count
y) and as appear from
' i Lite authentic Lax records of this County.
f
1 NAME
a nuuRlas
Kucharski 136 Forest Trails OakBrook; IL 60521
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Ordinance S- 736
Granting a Flood Plain Special Use
160 Forest Trail
Page 2
Lot 104 (except the North 80.0 feet in width thereof) , measured at
right angles to the North line of said lot, in Timber Trail
Estates, Unit No. 2, being a subdivision of part of the Northeast
Quarter of Section 23, Township 39 North, Range 11 East of the
Third Principal Meridian, according to the plat thereof recorded
November 13, 1947 as Document No. 533982, in DuPage County,
Illinois. Permanent Parcel No. 06-23-105-003.
Section 3: 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 May 31, 1996,
in substantial conformity with the Site Grading Plan dated August 10, 1990 and
prepared by Webster, McGrath & Carlson, Ltd. 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 4: That this ordinance shall be in full force and effect from
and after passage and approval pursuant to law.
PASSED THIS 12th day of May , 1992.
Ayes: Trustees Bartecki, Krafthefer, Payovich, Shumate, Skinner and Winters
Nays: None
Absent: *Tone
Abstain: N,,,
APPROVED THIS 1 ?tb_ day of Mai , 1992.
i
Llage President
ATTEST:
Vi 1 ge Clerk
Appro 7d as to Form:
:
Village `Attorney
Published
Date Paper
Not Published XX
cntrfpsu.ord