S-746 - 10/13/1992 - ZONING -VARIATION - Ordinances ORDINANCE s- 746
AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF
SECTION VII(E) (8) (c) OF THE ZONING ORDINANCE OF THE
VILLAGE OF OAK BROOK,
RELATIVE TO REAR YARD REQUIREMENTS
(38 Devonshire Drive, Oak Brook, IL)
WHEREAS, an application has been filed requesting a variation frcm the
provisions of Section VII(E) (8) (c) of the Oak Brook Zoning Ordinance, to
permit the construction of a two-story addition extending approximately 4 feet
into the required 40-foot required rear yard; and
WHEREAS, a public hearing on such application has been conducted by the
Zoning Board of Appeals of the Village of Oak Brook on September 1, 1992
pursuant to due and appropriate legal notice; and
WHEREAS, the said Zoning Board of Appeals made explicit findings of fact
that the variation requested conforms to the standards set forth in Section
VII(E) (8) (c) of the Oak Brook Zoning Ordinance; and
WHEREAS, the corporate authorities concur with the recommendation of the
Zoning Board of Appeals to grant said variation.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth
are hereby adopted as though fully set forth herein.
Section 2: That a variation is hereby granted from the provisions of
Section VII(E) (8) (c) of the Zoning Ordinance of the Village of Oak Brook so as
to permit construction of a two-story addition extending approximately 4 feet
into the 40-foot required rear yard, on the conditions that:
(1) the addition is constructed in substantial conformity with the
plans prepared by Normandy Construction Company, 734 Ogden Avenue,
Downers Grove, IL, dated as last revised, July 7, 1992, a copy of which
was filed with the petition for variation, and
(2) permits are secured and the work is substantially completed by
�. April 15, 1994.
If the foregoing conditions are not satisfied within the time specified,
this variation shall be null and void without further notice or action by the
Village.
VILLAGE OF OAK BROOK Minutes Oct. 13, 1992
UNOFFICIAL UNTIL APPROVED BY BOARD
APPROVED AS WRITTEN OR APPROVED
AS AMENDED -/ , BY VILLAGE BOARD
ON ���„ ��te27_1992
1. MEETING CALL: CALL TO ORDER
The Regular Meeting of the Board of Trustees was called zo order by
President Bushy in the Samuel E. Dean Board Room of the Village Commons
at 7:31 p.m. Pledge of Allegiance was given.
2. ROLL CALL: ROLL CALL
The Clerk called the roll with the following persons
PRESENT: President Bushy, Trustees Bartecki, Mayer, Shumate, Skinner
and Winters.
ABSENT: Trustee Payovich.
IN ATTENDANCE: Bruce F. Kapff, Acting Village Manager; Richard A.
Martens, Village Attorney; Maggie Powers, Finance Officer/Treasurer;
Dale L. Durfey, Jr. , Village Engineer; Michael J. Meranda,
Superintendent of Public Works; Tom Hawk, Director of Code Enforcement;
Chuck McAdams, Sports Core Manager.
3. ANNOUNCEMENTS & OPEN FORUM: ANNOUNTCEmF.NTS
President Bushy announced Acting Village Manager Bruce Kapff, Finance
Officer Powers and she have made informational presentations to
homeowner associations regarding Home Rule. It was reported to the
Village that President Bushy was misquoted by Park District Commissioner
John O'Shea at their Park District meeting. Commissioner O'Shea had
attended the presentation for Brook Forest homeowners. A home owner had
inquired at that meeting if it was feasible for the Village to take over
the Park District. President Bushy explained what that process might be
and did not bring it up as part of the presentation. President Bushy
clarified that this had not been discussed by the Village Board.
President Bushy spoke with Park District President Johnson to clarify
the misunderstanding.
4. APPROVAL OF MINUTES: MINUTES
Trustee Skinner moved to approve the minutes of the Regular Meeting of
September 22, 1992 as presented and waive the full reading thereof.
Seconded by Trustee Winters. VOICE VOTE: Motion carried with Trustee
Bartecki abstaining.
5. CONSENT AGENDA:
Trustee Skinner requested Item 5.B.6. , "Illinois Hydraulic - Payout #10
& Final - Pressure Adjusting Stations", be removed from the Consent
Agenda for discussion.
VILLAGE OF OAK BROOK Minutes 1 October 13, 1992
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Trustee Skinner moved to approve the Consent Agenda. Seconded by
Trustee Bartecki. ROLL CALL VOTE:
Ayes: 5-Trustees Bartecki, Mayer, Shumate, Skinner and Winters.
Nays: 0-None.
Absent: 1-Trustee Payovich. Motion carried.
A. REQUEST FOR WAIVER OF PERMIT FEES - BRIARWOOD LAKES DREDGING BRIAR1400D LAKES
PROJECT: Approved Omnibus Vote. DREDGING PROJECT
WAIVER OF FEES
B. PAYOUTS: PAYOUTS:
1. CRAWFORD, MURPHY & TILLY, INC. - PAYOUT #5 - HARGER/WINDSOR CMT: BRIDGES
BRIDGES - CONSTRUCTION SERVICES: Approved Omnibus Vote. $12,385.00
2. UNIQUE PLUMBING COMPANY - PAYOUT #1 - 1992 COMBINED WATER UNIQUE PLUMBING:
MAIN & DRAINAGE PROJECTS: Approved Omnibus Vote. WATER & DRAINAG?
$62,972.28
3. DOMINIC FIORDIROSA CONSTRUCTION COMPANY - PAYOUT #4 - 1991 FIORDIROSA:
DRAINAGE PROJECT NO. 91-1302: Approved Omnibus Vote. 1991 DRAINAGE-
$17,115.94
4. JAMES J. BENES & ASSOCIATES, INC. - PAYOUT #4 - JORIE BENES: JORIE
BOULEVARD - CONSTRUCTION INSPECTION SERVICES: Approved BLVD-$19,288.08
Omnibus Vote.
5. IMS - INFRASTRUCTURE MANAGEMENT SERVICES - PAYOUT #2 - I44S: PAVEMENT
ENGINEERING SERVICES - PAVEMENT MANAGEMENT SYSTEM: Approved MGMT.-$2,000.00
Omnibus Vote.
7. DU PAGE WATER COMMISSION - PAYOUT #45 - FIXED COSTS AND O&M: DWC: FIXED
Approved Omnibus Vote. COSTS
C. REFERRAL - SIDE & FRONT YARD VARIATION - 506 WOOD (HINDMARCH) -- REFERRAL:..
SIDE E & F
SID FRONT
REFER TO ZONING BOARD OF APPEALS MEETING OF NOVEMBER 3, 1992: YARD VAR. :
Approved Omnibus Vote. 506 Wood
D. ORDINANCE NO. G-493 AN ORDINANCE AMENDING SECTION 3-23 OF THE ORD. G-493
CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK, ILLINOIS AND NO. OF LIQUOR
AMENDING THE NUMBER OF AUTHORIZED LIQUOR LICENSES: Approved LICENSES
Omnibus Vote.
OE ORDINANCE NO. S-746 AN ORDINANCE GRANTING A VARIATION FROM THE ORD. S-746
PROVISIONS OF SECTION VII(E)(8)(c) OF THE ZONING ORDINANCE OF THE REAR YARD VAR.
VILLAGE OF OAK BROOK, RELATIVE TO REAR YARD REQUIREMENTS (38 (38 Devonshire)
Devonshire Drive, Oak Brook, IL [Woo]) : Approved Omnibus Vote. (WOO)
F. RESOLUTION NO. R-574 A RESOLUTION_APPOINTING A REPRESENTATIVE AND RES. R-574
AN ALTERNATE FOR THE INTERGOVERNMENTAL RISK MANAGEMENT AGENCY IRMA REP. & ALT
IRMA : Approved Omnibus Vote.
G. RESOLUTION NO. R-575 A RESOLUTION AUTHORIZING EXECUTION OF LEASE RES. R-575
.AND OPTION TO PURCHASE DUMP TRUCK: Approved Omnibus Vote. LEASE/PURCHASE
DUMP TRUCK
VILLAGE OF OAK BROOK Minutes 2 October 13, 1992
I
160.
10. UNFINISHED BUSINESS:
A. RECOMMENDATION- REAR YARD VARIATION (WOO - 38 DEVONSHIRE DRIVE) : •REAR YARD VAR.
38 Devonshire
The Woos have requested a variation to allow a 4-foot encroachment (Woo)
into the 40-foot required rear yard. They wish to construct a
small 2-story addition which will increase the size of the kitchen
area and master bedroom.
The Zoning Board of Appeals, at its Regular Meeting of September
1, 1992, voted, by a margin of 4 to 0, to recommend approval of
this request. The motion was based on the following conclusions:
1. The hardship expressed by the owners is reasonable;
2. The lot is of an irregular shape;
3. The variation, if granted, would not alter the character of
the neighborhood nor have any detrimental effects; and
4. The ability of the property owner to get a reasonable rate
of return on their property would be enhanced.
Trustee Skinner moved to approve the requested Variation to allow
a 4-foot encroachment into the 40-foot required rear yard and to
direct the Village Attorney to draft the necessary ordinance to
include a sunset provision of eighteen (18) months to act on
permit and building. Seconded by Trustee Payovich. ROLL CALL
VOTE:
Ayes: 5-Trustees Mayer, Payovich, Shumate, Skinner and Winters.
Nays: 0-None.
Absent: 1-Trustee Bartecki. Motion carried.
B. REQUEST FOR ENGINEERING SERVICES - YORK ROAD BIKE TRAIL: YORK ROAD
BIKE TRAIL:
The current FY 92/93 budget contains $21,000 for the failed grant ENGINEERING
request for the Midwest Road/35th Street pathway and the 22nd SERVICES
Street/Salt Creek pathway. These monies could be utilized for the
engineering services.
Trustee Payovich moved to authorize staff to negotiate a contract
with a consulting civil engineering firm for professional
engineering preliminary design services for the York Road Bike
Trail for final review and approval by the Village Board.
Seconded by Trustee Skinner. VOICE VOTE: Motion carried.
C. BROOK FOREST TREE PLANTING EASEMENT - AMENDED LICENSE: BROOK °OREST
TREE PLANITING
Trustee Payovich moved to authorize execution of an amended EASEMEN:T:
Easement Agreement with Northern Illinois Gas (NIGas) to allow AMENDED
future additional planting of trees by the Homeowner's Association AGREEMENT
on NIGas property directly south of I-88 between Midwest Road and
Route 83. Seconded by Trustee Skinner. VOICE VOTE: Motion
carried.
VILLAGE OF OAK BROOK Minutes 4 September 22, 1992
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VILLAGE O F OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990-3000
September 10, 1992
MEMO TO: President an Board of Trustees
FROM: Tom Haw
SUBJECT: Woo Varia ion - 38 Devonshire Drive, rear yard
encroachment
RECOMMENDATION : For approval - please see memo of August 24, 1992
to the Zoning Board of Appeals (page 11 of this file)
This variation, if granted and constructed, should have no
discernible effects . The area of home encroaching into the
rear yard is approximately 75 Sq , ft . in a rear yard with
approximately 6, 175 sq . ft.
There was no public testimony regarding this petition .
The Zoning Board of Appeals voted by a margin of 4 to 0 to
recommend approval .
The variation, if granted, should be based on the submitted
site plan .
If it is your wish to approve this request, it would be appro-
priate to authorize the attorney to draft the necessary ordinance
for your approval at your next regular meeting (Oct. 13 , 1992) ,
cc : petition files
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VI LLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990-3000
September 10, 1992
Dear President Bushy and Board of Trustees:
The Zoning Board of Appeals held the necessary public hearing
reagarding the Woo variation request at 38 Devonshire Drive.
The Woos have requested a variation to allow a 4 foot encroach-
ment into the 40 foot required rear yard. They wish to
construct a small 2 story addition which will increase the size
of the kitchen area and master bedroom.
The Zoning Board of Appeals voted, by a margin of 4 to 0, to j
recommend approval of this request. The motion was based
. on the following conclusions :
1 . The hardship expressed by the owners is reasonable,
2 . The lot is of an irregular shape.
3 . The variation, if granted, would not alter the character
of the neighborhood nor have any detrimental effects .
4. The ability of the property owner to get a reasonable
rate of return on their property would be enhanced.
Respectfully submitted,
William Kenny, Chairman
Zoning Board of Appeals
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VILLAGE O F OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990-3000
September 10, 1992
MEMO TO: President an Board of Trustees
FROM: Tom Haw
SUBJECT: Woo Varia ion - 38 Devonshire Drive, rear yard
encroachment
RECOMMENDATION: For approval - please see memo of August 24, 1992
to the Zoning Board of Appeals (page 11 of this file)
This variation, if granted and constructed, should have no
discernible effects . The area of home encroaching into the
rear yard is approximately 75 sq, ft. in a rear yard with
approximately 6.175 sq. ft.
There was no public testimony regarding this petition ,
The Zoning Board of Appeals voted by a margin of 4 to 0 to
recommend approval .
The variation, if granted, should be based on the submitted
site plan ,
If it is your wish to approve this request, it would be appro-
priate to authorize the attorney to draft the necessary ordinance
for your approval at your next regular meeting (Oct, 13 , 1992) ,
cc : petition files
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VILLAGE O F OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990-3000
August 24, 1992
MEMORANDUM
TO: Zoning Board of A p als
FROM: Thomas R. Ha
SUBJECT: Woo Variation - 38 Devonshire Drive - Rear yard
encroachment
RECOMMENDATION: For approval. The requested encroachment will
have no significant effects. The overall bulk
intensity is still well below what is permitted
by the Zoning Ordinance.
ANALYSIS: .
Required rear yard setback - 40 feet
Proposed rear yard setback - 36.5 feet
Proposed average rear yard setback - 42.3 feet
Area of required rear yard - approx. 6175 square feet
Area of proposed rear yard - approx. 6100 square feet
The lot shape is irregular
COMMENT:
I have inspected the home. The kitchen area is rather small
and the only feasible way to expand it is to extend the home
into the rear yard. This variation, if granted, should have
no detrimental effects on any of the neighbors.
Since the depth and area of the encroachment are not appre-
ciable in terms of the intensity of use of this property,
it is my opinion that approval will not set a precedent that
will cause any future problems.
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VILLAGE O F OAK BROOK
1 200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 - 2255
August 7 , 1992 708 990- 3000
Dear Resident:
The Oak Brook Zoning Board of Appeals, and the Village Board will
be considering a:
VARIATION
at the meetings as scheduled on the reverse side of this notice.
The application has been filed by: Mr. & Mrs. Mickey K. Woo
Relationship of applicant to property: OWNERS
Name of subdivision (if applicable) : BROOK FOREST
The property in question is located at: 38 DEVONSHIRE DRIVE
Also shown on the reverse side is a map of the area to assist you
in determining your relationship to the property in question.
The request which has been made is as follows:
To reduce the required rear yard from 40 feet to 36 feet
to allow construction of a two story room addition to the
kitchen and master bathroom. The area of the addition is
approximately 130 square feet.
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,
` fllomas R. Hawk
Director of Code Enforcement
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IFIED That THE DOINGS is a secular newspaper of general
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teMphom .,, LkK16 ; of Darien and Oakbrook Terrace and circulated generally in the
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the Zoning fiord d Appsd d s mo VN&V Of f f
DuPope and Ceck COMM Illinois -4cent unincorporated and incorporated areas,and in DuPage and
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�:other areas;that said.THE DOINGS is a"newspaper"as defined
by the Illinois Statutes made and provided for such situations,to wit;by Section 5 of"An Act to
revise the law in relation to notices," 1874,Feb. 13,R.S. 1874,p. 723, §5,as amended 1959,Ju-
ly 17,Laws 1959,p. 1494, § 1;and is also a"newspaper"as defined by Section 1 of"An Act con-
cerning the publication of legal notices," 1909,June 8,Laws 1909,p. 288, § 1,as amended 1927,
June 29, Laws 1927,p. 603, § 1,and as further amended 1945, April 12, Laws 1945, p. 1089, §
1, and as further amended in 1957, July 9' Laws 1957, p. 2270, § 1, and as further amended
1959, July 17, Laws 1959, p. 1496, § 1; and that said THE DOINGS has been continuously
published at regular intervals of at least once each week with a minimum of 50 issues per year
for over one year prior to the first publication of the attached notice.
IN WITNESS WHEREOF, one of the co-publishers of said
THE DOINGS has affixed his hand and seal this
. . . . . . . . . . . . . . . .5th. . . . . . . . . day of . . . .August . . . . . . . . . . . . . . . . . .. A.D. 19 92. . . .
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VILLAGE O F OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990. 3000
August 4, 1992
Mr and Mrs. Mickey Woo
38 Devonshire Drive
Oak Brook, Illinois 60521
Dear Mr. and Mrs. Woo:
Your petition for a rear yard variation has been received and was referred to
the Zoning Board of Appeals by the Board of Trustees at its meeting of
July 25, 1992.
The Zoning Board of Appeals will hold the public hearing pertaining to your
request on September 1, 1992, at 7:30 P.M. in the Samuel E. Dean Board Room
of the Village Hall, 1200 Oak Brook Road, Oak Brook.
Tentatively, the Zoning Board of Appeals' recommendation will be heard by the
Board of Trustees at its meeting 'of September 22, 1992, with possible final
action on October 13, 1992.
Please call if you have any questions.
Sincerely,
Tom Hawk
Director of Code Enforcement
TRH/11
cc: petition files
5. CONSENT AGENDA:
Trustee Winters requested Item 5.C. , "1992-1993 Telephone System
Maintenance Contract", be removed from the Consent Agenda for
discussion.
Trustee Bartecki requested Item 5.E.1. , "Bituminous Paving Systems, Inc. .
- Payout #1 - 1992 Crack Seal Project", be removed from the ConsF.nt
Agenda for discussion.
Trustee Payovich requested Item 5.E.4. , "Marino Construction Company -
Payout #18 - Reservior B", be removed from the Consent Agenda for
discussion.
Trustee Skinner moved to approve the Consent Agenda. Seconded by
Trustee Winters. ROLL CALL VOTE:
Ayes': 6-Trustees Bartecki, Mayer, Payovich, Shumate, Skinner and
Winters.
Nays: 0-None.
Absent: 0-None. Motion carried.
AN*:[UAL BENEFIT
A. REQUEST TO USE FIRE TRUCKS - POLICE DEPARTMENT 18th ANNUAL BENEFIT SOFTBALL GA`U;
SOFTBALL GAME: Approved Omnibus Vote.
B. REQUEST FOR LEASE/PURCHASE OF FOUR MOBILE DATA TERMINALS - POLICE MOBILE DATA
DEPARTMENT: Approved Omnibus Vote. TERMINALS
OD REFERRAL - W00 - REAR YARD VARIATION (38 Devonshire) -- REFERRED REAR YARD VAR.
TO ZONING BOARD OF APPEALS MEETING OF SEPTEMBER 1, 1992: Approved 38 Devonshire
Omnibus Vote.
E. PAYOUTS: PAYOUTS:
2. CIVILTECH ENGINEERING - PAYOUT #2 - TRI-STATE WATER MAIN CIVILTECH:
PROJECT (31st Street to Canterberry Lane): Approved Omnibus TRI-STATE WM-
Vote. $2,523.43
3. ALBIN CARLSON INC. - PAYOUT #2 - BRIDGE REPAIR - ALBIN CARLSON
WINDSOR/HARGER/BAYBROOK LANE: Approved Omnibus Vote. BRIDGE REPAIR
$105,939.70
6. ITEMS REMOVED FROM CONSENT AGENDA:
C. 1992-1993 TELEPHONE SYSTEM MAINTENANCE CONTRACT: 92/93 TELEPHO
MAINTENANCE
Trustee Winters reclused himself from discussion or voting on said CONTRACT
1992-1993 Telephone Maintenance Contract due to employment by
Illinois Bell.
Trustee Payovich moved to approve and accept the telephone
maintenance service agreement with Illinois Bell Communications
for the period July 28, 1992 - July 27, 1993 at a cost of
$3,914.00. ROLL CALL VOTE:
VILLAGE OF OAK BROOK Minutes 2 July 28, 1992
APPENDIX A—ZONING Sec.VII
provided that lands equal to ten percent of the total
area be dedicated to the Village of Oak Brook, or
agency approved by the Village Board, for park or
recreational uses and no portion of which shall be less
than 4 acres. The dedicated land shall be appropriate
for park or recreational uses, and shall not include
wet drainage ways in excess of 25% of the total
dedicated area.
(4) Lot Width: Not less than 100 feet within the buildable
area.
(5) Floor Area Ratio: Not to exceed 0.4 for nonresidential
uses.
(6) Structure Height:
(a) Residential uses: Not more than 30 feet and not
more than two and one-half stories.
(b) Institutional and other nonresidential uses: Not
more than 45 feet.
(7) Ground Floor Area per Duelling.
(a) One story—not less than 1,500 square feet.
(b) Bi-level—not less than 1,300 square feet (floors at
grade and above basement).
(c) Dwellings having more than one story—not less
than 1,000 square feet.
(8) Yards: Except as required in Section VII C-1-g (2)
and (4) in this ordinance, yards shall be provided as
follows:
(a) Front: Not less than 40 feet in depth—except front
yards abutting York Road and 22nd Street shall
have a depth of not less than 100 feet.
(b) Side: Not less than 12 feet in depth—except (1) a
side yard abutting a street shall be not less than
40 feet in depth; (2) for nonresidential uses each
side yard abutting a street shall be not less than
50 feet in depth and each interior side yard shall
be not less than 30 feet in depth and increased by
Supp.No.18 900.3
3
Sec. �'II OAK BROOK CODE
not less than 2 feet for each foot of structure
height over 30 feet; (3) side yards abutting York
Road and Cermak Road shall have a depth of not
less than 100 feet.
(c) Rear: Not less than 40 feet in depth.
(9) Off-Street Loading and Off-Street Parking: As in
Section XI of this ordinance.
(Ord. No. G-83, 4-9-68; Ord. No. G-203, § 6, 12-14-76)
(R R4 Single-Family Detached Residence D=etached
(1) �Residen tied Uses: As in Ri Single-family
District.
(2) Special Uses:
(a) As in the R1 i�Qgle- ily Detached Residence
District, except airpa s.
(b) Recreational u s other n accessory uses, not
for profit—o ots not less tha acres in area.
(1) Ice ating rinks—open.
(2 arks and playgrounds.
(3) Tennis and swimming facilities.
Supp.No.18
900.4
_ Sec. XIII OAK BROOK CODE
give due notice thereof to parties and s decide
the appeal within reasonable time. Board may
re rse or affirm, wholly or part , or may modify
the o n requirement or sion or determina-
tion as i is opinion ght to be made on the
premises and that . d has all the powers of the
official from who e appeal is taken.
(4) Decisions: All sions, afte. earing of the Zoning
Board of ,k als on appeals fro n administrative
order, req ' ement, decision, or dete tion of the
Building nspector or other authorized of�cz of the
Villa of Oak Brook, shall, in all instances, be . ��
_ a inistrative determinations and shall be subject to
dicial review only in accordance with applicable
Statutes of the State of Illinois.
(G) Variations.
(1) Authoritv: The Board of Trustees shall decide all
applications for variations of the provisions of this
or 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 G4 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
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
Appeals for processing in accordance with applicable
Statutes of the State of Illinois and one copy to the
Board of Trustees.
(d) Standards:
(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 specinc
issues that:
(1) The property in question cannot yield a
reasonable rettin 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
• •
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 adjacent
property, or substantially increase the danger
of fire, or ochervise 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.
(5) Unauthorized Variations: The variation procedure
shall in no case be used to accomplish a result which
968
L
r 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, R?, R3 and R4 Districts.
(6) Re-applications: Any person, firm, or corporation
having been denied a variation to the Zoning
Ordinance respecting a specinc 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)
(If) Plan Commission.
urisdiction-
Th Plan CGmrrission of the Village, which has bee uiy
estabii ed with functions as prescribed by th linois
Statutes, is the Plan Commission referred o in this
ordinance, nd shall have the following d 'es under this
ordinance:
(1) Receive fr the Village Clerk copies of applications
for proposed endments a thereafter may submit
its recommend ons the- n to the Zoning Board of
Appeals and Boar of ustees.
(2) Receive from the ng Inspector copies of applica-
tions for proposp, Spec Uses and thereafter submit
its recommen�,tions there to the Building Inspector
and Board 9, Trustees.
(3) Act on 1 other matters which re referred to it as
requi d by the provisions of this or ance.
(4) R 'ew, from time to time, the pro 'ons of this
dinance and to make reports of its recom endations
with respect to proposed a-mendments to the and of
Trustees.
969
VILLAGE OF OAK BROOK
APPLICATION FOR PUBLIC HEARING
SINGLE FAMILY RESIDENTIAL ZONING VARIATION
FEE - $300
ALL APPLICATIONS MUST BE ACCOMPANIED BY THE $300 FEE, AND 18
COPIES OF ALL OTHER NECESSARY SUBMITTAL DOCUMENTS . PLEASE REFER
TO THE ATTACHED SUBMITTAL DOCUMENTS GUIDELINE.
----------------------------------------------------------------
APCPLInCANT TO COMPLETE
PROPERTY ADDRESS : �O iCJ� �s /2
PERMANENT PARCEL NO.
LOT NO. SUBDIVISION: /14L7/
ZONING : I7A�- ZONING ORDINANCE SECTION : 7 3 / /✓
ACTION REQUESTED :
PROPERTY INTER OF APPLICANT:
OWNER CONTRACT PURCHASER AGENT
OWNER(S) /L' JG'-1 Al- VC1T) PHONE NO .
ADDRESS ZIP
APPLICANT ( "`�/�M� PHONE NO .
ADDRESS ZIP
I (we) certify that all of the above statements and the statements
con ined in any papers or plans submitted herewith are true to
the t of my (our) knowledge and belief .
'
(Signature) A licant Date S ' gnat re) Applicant Date
DO NOT WRITE BELOW -- FOR OFFICE USE ONLY
Date Filed: Board of Trustees Referral :
Notice Published: Newspaper :
Date Adjacent Property Owners Notified :
Staff Referral :
Hearing Dates :
Zoning Board: Board of Trustees :
Board of Trustees Ordinance Approval Date:
FEE PAID: $ Receipt No . Received By :
Village Clerk
resvarap.dac 4/21192 RESIDENTIAL VARIATION, PAGE 5
Surrounding Property OWmers
Following are the names and addresses of surrounding property
owners of the property in question for a distance of 250 feet
in all directions . Do not include the width of any roads , streets ,
alleys , and public ways in computing the 250-foot requirement .
These names and addresses can be obtained at the :
Assessor ' s Office Assessor ' s Office
York Township Downers Grove Township
1502 Meyers Road 4340 Prince Street
Lombard, IL 60148 Downers Grove , IL 60515
(708) 627-3354 (708) 968-2100
The people on this list will notified by mail with the information
about your request and the meetings schedule.
NAME ADDRESS
Ai-) 7-011• Z-1-F5-Z C-12 . Y-6—,dc-ya,��� � • �/Z
Wit,e s S/o 9C 6W
Pff&,��Lj
k4,g,T
13 6 A14shll a-
\1 eiu,,U 6, ,hin
Attach additional pages , if necessary .
resvarap.doc 4/21/92 RESIDENTIAL VARIATION, PAGE 6
38 Devonshire
Oak Brook, Illinois 60521
July 14, 1992
Village of Oak Brook
Department of Building and Zoning
1200 Oak Brook Road
Oak Brook, Illinois 60521
REFERENCE: Application for Zoning Variation
38 Devonshire, Oak Brook, Illinois 60521
Gentlemen:
The applicant has developed architectural plans to upgrade and expand
the subject property. The complete design will include the construction
of a new space to accommodate a new dinette area adjacent to the existing
kitchen and a master bath adjacent to the existing master bedroom and
bath. An important part of the upgrading of the subject property is the
addition of the improvement described above, which the applicant believes
is critical to the functional utility of the property. The applicant also
believes that this addition is needed to conform the property to current
minimum standard housing features in the surrounding community. Both of
these objectives have an effect on value.
The subject property is currently set back 40.03 feet from the east
rear lot line. The variation sought is to allow new construction with a
rear yard set back of 36.5 feet. The new construction intends to continue
the rear aesthetics of the existing residence.
Compliance with the existing rear yard setback requirement of the
zoning ordinance is not possible from a functional and design view point,
due to the existing setback angled across the rear of the lot. Construc-
tion of an addition conforming with the 40.0 foot rear yard set back would
result in a structure with less attractive architectural proportions and a
significantly less efficient floor plan. Therefore, this would not be
practical in terms of investment required relative to end value. Placing
the addition anywhere else would result in improper light and vent of
existing bedrooms, baths and family room as well as improper traffic flow
through the home.
The proposed addition has been designed to fix harmoniously into the
existing neighborhood. The design is intended to add living space without
overwhelming physical limitations set by the existing lot, and without
creating an imposing structure.
continued -
Ck
Village of Oak Brook
Department of Building and Zoning
Application for Zoning Variation - 38 Devonshire
July 14, 1992
Page two of two
The variation would not result in a use or development of the subject
property that:
(a) Would be materially detrimental to the public welfare or
materially injurious to the enjoyment, use, development, or
value of property or improvements permitted in the vicinity:
or
(b) Would materially impair an adequate supply of light and air to
the properties and improvements in the vicinity; or
(c) Would substantially increase congestion in the public streets
due to traffic or parking; or
(d) Would unduly increase the danger of flood or fire; or
(e) Would unduly tax public utilities and facilities in the area;
or
(f) Would endanger the public health or safety.
There is no means other than the requested variation by which the
alleged hardship or difficulty can be avoided or remedied to a degree
sufficient to permit a reasonable use of the subject property.
Respectfully subm'tted,
Micky K. Woo
enclosure: List of Neighboring Owners
3
CHECK g CHECKS g CASH INV M DATE NAME G.L.ACCOUNT X DESCRIPTION
NUMBER
T
INVALID
VILLAGE OF OAK BROOK WITHOUT
ou SIGNATURE
•
BUREAU OF INSPECTION B 03696
0 1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
PHONE: (708) 990-3000
RETAIN THIS RECEIPT 7�cc�tk
FOR YOUR RECORDS
FEGUARD BUSINESS SYSTEMS
MICKY K. WOO 2-92 7 �/ 223
JENNIFER C. WOO
38 DEVONSHIRE DR. j
OAK BROOK, IL 60521 70-2405/719
Pay to the
order-of � a.Q G 4�'_-' $ goo, IR
i Q nn
J" . Dollars
®RRS*O«AGO E
GARY-WHEATON BANK OF EIOV.. VE,NA
.� �70B1 B 00. 110BOBdm •we, inoyGaM.
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3 4 3 9 1-5 16 X0,2 Z3
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F�ouNt�'
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990- 3000
July 20, 1992
TO: President & Board of Trustees i
FROM Thomas Hawk, Director of Code En forcemen
SUBJECT: Board Referral - Woo variation request - 38 Devonshire, rear
yard encroachment.
We have reviewed a petition for the above variation.
Please refer this to the zoning Board of Appeals for public hearing
at their meeting of September 1; 1992.
Al
-SURV
t
N BROOK FORES T, A SUBDI VI S ION;S I TUAW IN PART OF SEC TION 27, 70W HI P 39 NORTH,
EAST OF 77JE W I RD PR I NC I PAL MERIDIAN, ACCORDING TO THE PLAT RECORDED AS DOMWEN T
1r:r t :
!7092, ALL IN DU PAGE COUNTY, ILLINOIS-.
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I, RCNALD W. SCOTT, Illinois Land Surveyor No.,'..1630. have
abed property as shown on the annexed Plat, whi h, s a correct
vey. All distances are in feet and decimals then f..'and are ccr-
)f 68= Fahrenheit.,, nn
1 1 RJR
Ordinance S-746
Granting a Variation
to a Rear Yard
38 Devonshire Drive
Page 2
Section 3: That this Ordinance is limited and restricted to the
property known as 38 Devonshire Drive, Oak Brook, IL, which property is
legally described as follows:
Lot 206 in Brook Forest, a subdivision situated in part of Section
27, Township 39 North, Range 11, East of the Third Principal
Meridian according to the plat thereof recorded as Document No.
R65-27092, all in DuPage County, IL.
Permanent Parcel No. 06-27-307-007.
Section 4: That this ordinance shall be in full force and effect from
and after passage and approval pursuant to law.
PASSED THIS 13th day of October , 1992.
Ayes: Trustees Bartecki, Mayer, Shumate, Skinner and Winters
Nays: None
Absent: Trustee pavovich
Abstain: None
APPROVED THIS 13th day of October 1992.
2�LL/�' 46e:�&
V' age President
ATTEST:
�n zk
Village Clerk
Appr ed as to Form:
V Village Attorney
Published
Date Paper
Not Published XX
woo.ord .