Loading...
S-909 - 08/11/1998 - VARIATION - Ordinances ORDINANCE 98-ZO-V-S-909 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK RELATIVE TO CORNER LOT SIDE AND REAR VARIATION (33 Robin Hood Ranch, Oak Brook, IL 60523) (PIN 06-36-105-005) WHEREAS, an application has been filed requesting a variation for property located at 33 Robin Hood Ranch; and WHEREAS, the Zoning Board of Appeals of the Village of Oak Brook, pursuant to due and appropriate legal notice conducted a public hearing thereon on July 7, 1998; and WHEREAS, the said Zoning Board of Appeals made a specific finding of fact and recommendation for approval to reduce the comer lot side yard from forty (40) feet to twenty-seven (27) feet and the rear yard from sixty (60) feet to twenty-nine (29) feet in an R-2 Zoning District to permit construction of a room addition. WHEREAS, the corporate authorities have considered these recommendations and findings and concur in the same; 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 the variation is hereby granted from the provisions of Section VII(E)(8)(c) of the Oak Brook Zoning Ordinance, Ordinance G-60, as amended, so as to permit a building addition at 33 Robin Hood Ranch with a twenty-five (25) foot corner lot side yard and a twenty-nine (29) foot rear yard in substantial conformity with the Site Plan and Floor Plan as drawn by Russell C. Lissuzzo and identified as Project 98-01, Sheet CS-1, revision dated August 3, 1998 and herein incorporated by reference (not attached). Section 3: That this variation, hereby granted, is subject to the following condition and restriction: all gutter and downspout drainage from the building addition shall be connected directly (by pipe or conduit) into a storm sewer, if available on or near the property, or routed directly to a drainage swale located within the street right-of-way. Section 4: That this Ordinance is limited and restricted to the property located at 33 Robin Hood Ranch, Oak Brook, Illinois, which property is legally described as follows: Lot 23 in Robin Hood Ranch Subdivision, being a subdivision of the West half of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded June 15, 1953 as Document 685421 in DuPage County, Illinois. Section 5: That this variation shall automatically terminate if construction at the aforestated `, address is not completed in two years from the date of approval of this ordinance. McELROY VARIATION- CORNER LOT AND REAR YARD SETBACK INDEX PAGE CONTENTS Ordinance 99-ZO-TA-G-633 16-16a Board of Trustee Meeting Minutes dated 8/11/99 15-15a Board of Trustee Meeting Minutes dated 7/28/99 14 Informational Memo from Hawk to Board of Trustees dated 7/20/98 13 Recommendation Letter from Zoning Board of Appeals Chairman to Board of Trustees dated 7/17/98 12-12 Zoning Board of Appeals Meeting Minutes dated 7/7/98 11 Revised Floor Plan dated 6/29/98 10-10b Letter from McElroy to Hawk re: Notification to Neighbors of Revised Plans. 9 Revised Site Plan Stamped 7/1/98 8 Transmittal Letter with Explanation of Revised Setback Request dated 6/30/98 7-7c Informational Memo from Hawk to Zoning Board of Appeals and Plan Commission dated 6/29/98 6 Resident Letter dated 6/16/98 5 Certificate of Publication dated 6/16/98 4 Board of Trustees Referral Meeting Minutes dated 4/28/98 3 Referral Memo to Board of Trustees from Hawk dated 4/17/98 2-2b Zoning Board of Appeals - Standards, Zoning Ordinance, Section XIII, (G) (4) (pages. 967-969) 1-1c Variations, Zoning Ordinance, Section XIII, (G) (pages. 966-969) A Application/Petition -Variation B Fee/Receipt C-C1 Surrounding Property Owners List D-D2 Letter of Explanation -Applicant's position on Factors E-E4 Letter from Homeowners Association F Letter from Contractor re: Variation Setback Dimensions G Plat of Survey H Architectural Plans (Included - Not Attached) Y ORDINANCE 98-ZO-V-S-909 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK RELATIVE TO CORNER LOT SIDE AND REAR VARIATION (33 Robin Hood Ranch, Oak Brook, IL 60523) (PIN 06-36-105-005) WHEREAS, an application has been filed requesting a variation for property located at 33 Robin Hood Ranch; and WHEREAS, the Zoning Board of Appeals of the Village of Oak Brook, pursuant to due and appropriate legal notice conducted a public hearing thereon on July 7, 1998; and WHEREAS, the said Zoning Board of Appeals made a specific finding of fact and recommendation for approval to reduce the corner lot side yard from forty (40) feet to twenty-seven (27) feet and the rear yard from sixty (60) feet to twenty-nine (29) feet in an R-2 Zoning District to permit construction of a room addition. WHEREAS, the corporate authorities have considered these recommendations and findings and concur in the same; 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 the variation is hereby granted from the provisions of Section VII(E)(8)(c) of the Oak Brook Zoning Ordinance, Ordinance G-60, as amended, so as to permit a building addition at 33 Robin Hood Ranch with a twenty-five (25) foot corner lot side yard and a twenty-nine (29) foot rear yard in substantial conformity with the Site Plan and Floor Plan as drawn by Russell C. Lissuzzo and identified as Project 98-01, Sheet CS-1, revision dated August 3, 1998 and herein incorporated by reference (not attached). Section 3: That this variation, hereby granted, is subject to the following condition and restriction: all gutter and downspout drainage from the building addition shall be connected directly (by pipe or conduit) into a storm sewer, if available on or near the property, or routed directly to a drainage Swale located within the street right-of-way. - Section 4: That this Ordinance is limited and restricted to the property located at 33 Robin Hood Ranch, Oak Brook, Illinois, which property is legally described as follows: Lot 23 in Robin Hood Ranch Subdivision, being a subdivision of the West half of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded June 15, 1953 as Document 685421 in DuPage County, Illinois. Section 5: That this variation shall automatically terminate if construction at the aforestated address is riot completed in two years from the date of approval of this ordinance. Ordinance 98-ZO-V-S-909 Granting a Variation Relative to Corner Lot Side and Rear Yard Variation, Page 2 Section 6: That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS llthday of August, 1998. Ayes: Trustees Caleel, Kenny, Savino and President Bushy Nays: None Absent: Trustees Bartecki. PIclnernev and Shumate Abstain: Nnl,P APPROVED THIS 11th day of August, 1998. Village Present o < aTEST .1. .,� s\X 1 �y,�e•G .tit Approved as to Form: Village Attorney Published Date Paper Not Published XX Applicant: Mr. & Mrs. Edward T. McElroy Address: 33 Robin Hood Ranch Oak Brook, IL 60523 PIN 06-36-105-005 • 0 certain electric customers and waive the full reading thereof. ROLL CALL VOTE: Ayes: 4 - Trustees Caleel, Kenny, Savino and President Bushy. Nays: 0 - None. Absent: 3 - Trustees Bartecki, McInerney and Shumate. Motion carried. 2) ORDINANCE 98-ZO-TA-G-616 AN ORDINANCE ORD.98-ZO-TA- AMENDING SECTIONS VII(C)(6) VII(C)(8)(b) AND VII(D)(6) G-616 IN THE R-1 AND R-2 RESIDENTIAL DISTRICT OF THE RESIDENTIAL VILLAGE OF OAK BROOK ZONING ORDINANCE: STRUCTURE HEIGHT R-1 AND R-2 RESIDE\TIAL Discussed and direction given at the Regular meeting of July 28, DISTRICTS 1998. The ordinance amends the Zoning Ordinance revising the Residential Structure Height provisions in residential districts. Motion by Trustee Savino, seconded by Trustee Caleel, to pass Ordinance 98-ZO-TA-G-616, "An Ordinance Amending Sections VII(C)(6), VII(C)(8)(b) And VII(D)(6) In The R-i And R-2 Residential District Of The Village Of Oak Brook Zoning Ordinance", and waive the full reading thereof. ROLL CALL VOTE: Ayes: 4 - Trustees Caleel, Kenny, Savino and President Bushy. Nays: 0 - None. Absent: 3 - Trustees Bartecki, McInerney and Shumate. Motion carried. 3)�PD 1 N ANCE 9S-ZO-V-S-909 AN ORDINANCE GRANTING O VARIATION FROM THE PROVISIONS OF THE ZONING S-909 ORDINANCE OF THE VILLAGE OF OAK BROOK GRaNTI`:C A RELATIVE TO CORNER LOT SIDE AND REAR VARIATION VARIATION RELA= (33 ROBIN HOOD RANCH. OAK BROOK IL 60523) (PIN 06- TO CoRN7R LOT SIL AITD RED— YARD 36-105-005): (33 Robin Hood Ranch) Discussed and direction given at the Regular meeting of July 2S, 1998. The ordinance grants a comer lot side yard and rear yard variation to allow construction of a room addition at 33 Robin Hood Ranch. Section 3 of the ordinance sets forth the following condition and restriction: all gutter and downspout drainage from the building addition shall be connected directly (by pipe or conduit) into a storm sewer, if available on or near the property, or routed directly to a drainage swale located within the street right-of-way. Motion by Trustee Savino, seconded by Trustee Caleel, to pass Ordinance 98-ZO-V-S-909, "An Ordinance Granting A Variation From The Provisions Of Tile Zoning Ordinance Of The Village Of VILLAGE OF OAK BROOK Minutes 5 of 16 August 11, 1998 `� /6. Oak Brook Relative To Corner Lot Side And Rear Variation (33 Robin Hood Ranch, Oak Brook, IL 60523) (Pin 06-36-105-005)", as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: 4 - Trustees Caleel, Kenny, Savino and President Bushy. Nays: 0 - None. Absent: 3 - Trustees Bartecki, McInerney and Shumate. Motion carried. 4) ORDINANCE 98-BD-BOT-EX2-S-910 AN ORDINANCE ORD.98-BD-BOT-EY: READOPTING THE VISION AND MISSION STATEMENTS S-910 OF THE VILLAGE OF OAK BROOK: READOPTING THE VISION -ND The ordinance re-adopts the Village Board vision and mission MISSIO`, STATEMEN7 statements as discussed at the Committee-of-the-Whole meeting on July 8, 1998. The mission statement is unchanged from the statement that was first adopted on August 8, 1995. The vision statement has been amended to include, in its first element, beautiful, safe and high quality business districts as well as residential neighborhoods. The ordinance also provides for continuing the practice of reviewing the Board's vision and mission in conjunction with consideration of the Board's objectives each year. Motion by Trustee Kenny, seconded by Trustee Caleel, to pass Ordinance 98-BD-BOT-EX2-S-910, "An Ordinance Readopting The Vision And Mission Statements Of The Village Of Oak Brook", as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: 4 - Trustees Caleel, Kenny, Savino and President Bushy. Nays: 0 - None. Absent: 3 - Trustees Bartecki, ivIcInerney and Shumate. Motion carried. C. AWARD OF CONTRACTS: No Business. D. PRELIMINARY APPROVAL OF 1999 VILLAGE BOARD 1999 V7-T r.7 OBJECTIVES: BOARD 03J=CTIVES The proposed 1999 Village Board Objectives have been formulated based on the June 8, 1998 Committee-of-the-Whole discussion and subsequent input from the Bo-ard and staff. Preliminary approval of these objectives will give staff direction to identify other program objectives, determine appropriate measures and responsibilities for accomplishment, complete the proposed Five-Year Financial Plan and prepare the proposed 1999 Budget. Final approval of 1999 Objectives will take place in conjunction with adoption of the 1999 Budget. VILLAGE OF OAK BROOK Minutes 6 of 16 August 11, 1998 • 0 (4) In order to evaluate compliance with the increased height provision, a dimensioned front elevation plan shall be drawn and submitted by an architect. The front evaluation plan shall show the ordinance setbacks and heights permitted and indicate setbacks and heights proposed. This revision will help the Building Department staff to insure compliance. Motion by Trustee Savino, seconded by Trustee Caleel, to direct the Village Attorney to draft the necessary Zoning Ordinance Residential Structure Height revision to add a new conditional element to both the R-1 and R-2 zoning districts for final action at the Regular meeting of August 11, 1998. ROLL CALL VOTE: Ayes: 5 - Trustees Caleel, Kenny, McInerney, Savino and Shumate. Nays: 0 - None. Absent: 1 - Trustee Bartecki. Motion carried. { D. ,J RECOMMENDATION - MC F ROY (33 ROBIN HOOD RAN H) ;{C ELRO- - �„- - VARIATION - CORNER LOT SIDE YARD AND REAR YARD VARIATION - SETBACK: CORNER LOT SIDE YARD A.:7 REAR The Zoning Board of Appeals concluded the public hearing regarding YARD SE73ACK _ Hood the McElroy variation request. Prior to the hearing, the petitioner, in (33 Rob' Ranch) response in part to concerns raised by the neighbor at 5 Robin Hood Ranch, had reduced the size of the proposed addition. The variation requested to the 40-foot corner lot side yard requirement is no%y to 25 feet rather than 27 feet as initially requested and, more significantly, the variation to the 60-foot rear yard requirement is now at 29 feet instead of 16 feet. The petitioner is also willing to route all gutter and downspout drainage coming off the addition directly (by pipe or conduit) into a storm sewer, if available, on or near the property or out to the street. The Zoning Board of Appeals concluded that these variations satisfy the standard for variations in that the small lot size and positioning of the home represent a unique circumstance and a hardship, and are not of the making by the present owners. A motion recommending approval was passed by a vote of 6 to 0, and included the condition regarding the gutter and downspout drainage as described. _ Edward A Gierczyk, builder for the petitioner, explained the request to the Village Board. VILLAGE OF OAK BROOK Minutes 17 of 18 July 28, 1998 ZO- • • Trustee Shumate indicated that since Robin Hood Ranch was brought into the Village after it was built, it is not precedent setting for the variation. The request would qualify for granting the variation. With respect to the balance on the building, it would assist in yielding a better value on the property. A hardship was not created by the owner, and it would not affect adjacent property. Where the addition is being placed, it has the least adverse impact on the adjacent neighbors. Trustee Savino also agreed that it is not precedent setting, as seven of the twenty-one homes in Robin Hood Ranch have received variations. Motion by Trustee Savino, seconded by Trustee Kenny, direct the Village Attorney to draft the necessary ordinance for the requested variation of a side yard to 25 feet and a rear yard to 29 feet for final consideration at the Regular meeting of August 11, 1998. VOICE VOTE: Motion carried. Village Attorney Martens requested a new site plan be submitted with the altered dimensions so that it may be attached to the petition indicating the project is built to the pursuant plans. The site plan will be made available for final review by the Village Board. 10. OTHER BUSINESS PERTAINING TO VILLAGE A, OPERATIONS: Director of Community Development Hawk asked for a clarification as to FoR:=S7 -.7= SUB . when the Villac7e Board would address the Callaghan request. Director Hawk c LLB G indicated that staff would be able to place it on the August 11, 1998 Village Board meeting, as a public notice is not necessary for the Zoning Board of Appeals meeting to address the remaining issues before them on this project. 11. ADJOURNMENT: AD 0LTR_ . i Motion by Trustee Caleel, seconded by Trustee Savino, to adjourn the meeting at 10:44 p.m. VOICE VOTE: Motion carried. ATTEST: md4Konnella, CMC Village Clerk bot72898 VILLAGE OF OAK BROOK Minutes 18 of 18 July 28, 1998 v� OF 04.t JK O O y G � 9C�COUNT1 \��\ VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK , ILLINOIS 60523 - 2255 PHONE: 630 990-3000 FAX: 630 990-0876 MEMO July 20, 1998 TO: President Bushy and Board of Trustees FROM: Tom Hawk, Director of Community Developmen SUBJECT: McElroy - 33 Robin Hood Ranch Variation - Corner Lot Side Yard and Rear Yard Setback The Zoning Board of Appeals concluded the public hearing regarding the McElroy variation request. Prior to the hearing, the petitioner, in response in part to concerns raised by the neighbor at 5 Robin Hood Ranch, had reduced the size of the proposed addition. The variation requested to the 40 foot corner lot side yard requirement is now at 27 feet instead of 25 feet and, more significantly, the variation to the 60 foot rear yard requirement is now at 29 feet instead of 16 feet. They are also willing to route all gutter and downspout drainage coming off the addition directly (by pipe or conduit) into a storm sewer, if available, on or near the property or out to the street. The Board concluded that these variations satisfy the standard for variations in that the small lot size and positioning of the home represent a unique circumstance and a hardship, and are not of the making by the present owners. A motion recommending approval was passed by a vote of 6 to 0, and included the condition regarding the gutter and downspout drainage as described above. If it is your wish to proceed toward approval of this request, it would be appropriate to pass a voice motion authorizing Attorney Martens to draft the required ordinance. This ordinance will then be placed on your August 11, 1998, agenda for your final consideration. For a more complete analysis of this request please see my June 29, 1998, memorandum on pages 7 to 7b of the petition file. TRH/gp jy0 X90 O y G 0 OF 04't 9c�COUNTI VILL-AGE OF OAK BROOK 1 2 0 0 OAK BROOK ROAD OAK BROOK , ILLINOIS 60523 - 2255 PHONE: 630 990-3000 FAX: 630 990-0876 July 17, 1998 President Bushy and Board of Trustees Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60521 RE: McElroy - 33 Robin Hood Ranch -Variation - Corner Lot Side Yard and Rear Yard Setback Dear President Bushy and Board of Trustees: The Zoning Board of Appeals, at its July 7, 1998 meeting, held the required public hearing for the McElroy, 33 Robin Hood Ranch, request for variations to the Zoning Ordinance with respect to the corner lot side yard and rear yard requirements. There was no public testimony in support of or in opposition to this proposal. The petitioner, in response in part to concerns raised by the neighbors at 5 Robin Hood Ranch has reduced the size of the proposed addition. The variation requested to the 40' corner lot side yard requirement is now at 27 feet instead of 25 feet and, more significantly, the variation to the 60' rear yard requirement is now at 29 feet instead of 16 feet. They are also willing to route all gutter and downspout drainage coming off of the addition directly (by pipe or conduit) into a storm sewer if available on or near the property or out to the street. The Board concluded that these variations satisfy the standards for variations in that the small lot size and positioning of the home represent a unique circumstance and hardship, and are not of the making by the present owners. A motion recommending approval was passed by a vote of 6 to 0, and included the condition regarding the gutter and downspout drainage as described above. Very truly yours, Champ avis Chairman Zoning Board of Appeals cc: Petition file Vll. McELROY- 33 ROBIN HOOD RANCH- VARIATION- CORNER LOT SIDE YARD Q AND REAR YARD SETBACK Edward Gierczyk, President of E. Anthony, Inc., and Edward McElroy, Petitioner were sworn in. Edward Gierczyk reviewed the.history of the site and the Robin Hood Ranch Subdivision. The subject ..■� property was built according to County regulations. When Robin Hood Ranch was annexed into the Village all properties were zoned R-2, and based on the size of the lots they should have more correctly been zoned R-4 because very few, if any, of the properties can meet the R-2 zoning district standards. At the time of annexation the house became legal existing nonconforming. They hav6 submitted a revised plan for a new master bedroom suite and bath. The plans for the garage have been eliminated from the original proposal. The variations now sought are much less than originally requested. The 40 foot corner setback is now at 27 feet rather than 25 feet and the 60 foot rear yard requirement is now at 29 feet instead of 16 feet. The neighbors have been supportive of the proposed addition, however, one neighbor has had concerns with possible drainage problems. The property has been inspected and the natural line of drainage will not adversely affect the neighbor. The natural grade will not be changed. Research of the surrounding properties made them aware that numerous variations have been previously granted in the subdivision based on the same criteria. The primary reason for the variation request is the lot size, shape and position of the house on the property. Edward McElroy said that the plans were submitted and approved by the Homeowners Association. Hawk said that he had spoken with Mr. Rogulic today regarding the revised plans. Mr. Rogulic's does not have a problem with the changes, but his concerns were over the drainage. Hawk suggested that a solution might be to route the gutters and downspouts out to the drainage swale in the front. The petitioner indicated that they would be willing to comply with this bequest. Edward Gierczyk reviewed the standards required citing, the. configuration of the lot, and it was originally built under County regulations. The proposed variations will not alter the character of the neighborhood and is not detrimental to neighboring properties. It will not impair light, ventilation or fire separation for any property. The purpose for the addition is not based on profit and will enhance the area rather than create a negative impact. The hardship was not created by the current .� homeowner, but specifically due to the lot size, shape and position of the house on the property. Member Butler moved, seconded by Member Hasen, that the petitioner has satisfied the necessary standards and to recommend for approval the proposed variations as revised by the petitioner, with the condition that gutter and downspout drainage be routed directly into the drainage swale in the front or to a storm sewer if available on or near the property. ROLL CALL VOTE: Ayes: 5 - Aldini, Ascher, Butler, Hasen and Davis Nays: 0 - None. Absent 2 - Dosedlo and Shah Absent: 0 - Motion Carried. Edward McElroy questioned since it appears that no properties in the subdivision can meet the R-2 classification, that as a subdivision could they petition the Village to rezone the Subdivision to a more appropriate zoning class. He was advised that the homeowners could file a joint petition. ZONING BOARD OF APPEALS Minutes July 7, 1998 • 238• r r _ X,N� i esraa rn .�man I r, �,F W6" QI 1 I *\ a z - , o i z,c. f J D N 0 V U M '.1 t^ M W 5a a �II Al Mr. & Mrs. Edward McElroy 33 Robin Hood Ranch Oak Brook, IL 60523 June 30, 1998 Mr. Tom Hawk Director of Community Development The Village of Oak Brook 1212 Oak Brook Road Oak Brook, IL 60523 Dear Tom, As we discussed today, I am enclosing a copy of our letter of notification to our neighbors explaining our revised home addition. Given the major change in downsizing our new construction to half the size of the original plan, we are now seeking a much smaller variance. Our builder will submit basic revised plans to you tomorrow, with more detailed prints to follow by next Tuesday's meeting. Even with very short notice, our architect wanted to provide copies of the revision for everyone's review before the public meeting. His revision, along with this information we are providing, will hopefully give a clear picture of the scaled-down variances we now seek. Thank you for all your time and advice on this matter, and we look forward to seeing you next Tuesday! Sincerely, Ed& Anna McElroy June 30, 1998 To: Robin Hood Ranch Neighbors Re: Addition to our home Dear Art&Joan, We are following up on your recent notification by the Village of our request for variance. After much careful thought, we have decided to significantly change our plans in order to maintain open space in our neighborhood. Basically, we have eliminated a. bedroom and bathroom, cutting the additional square footage of our addition in half. The only new construction on the house will now be a master bedroom/bath suite. In our original plan, we also added on a new garage in order to make the house a 4 bedroom, 3 bath instead of a 3 bedroom, 2 bath. To achieve our original design, we would need to cut into our backyard in such a way as to block the corridor/parkway effect of the center "island"of Robin Hood Ranch. We do not feel that losing this view would be in the best interest of the neighborhood, so we've made the trade-off of losing square footage of our house instead. Our revised plan is maintaining a 3 bedroom, 2 bath design by combining two of our very small bedrooms and adding on the master bedroom. Then we will combine our two very small bathrooms into one and add on the master bath. The garage will stay as is, as well as the exterior of the original house. We will still need a zoning variance for our revised project, but it will be significantly smaller. According to Tom Hawk, Director of the Building Department, Robin Hood Ranch is zoned incorrectly based on our lot sizes. Furthermore, anyone looking to do any kind of addition in our neighborhood would need a variance based on our current zoning category. Mr. Hawk agreed that Robin Hood Ranch residents have historically been granted several variances for this reason and that we should be zoned R-4 instead of R-2. This is an issue that we as an Association should look at pursuing for the future benefit of those homeowners that wish to improve upon their homes. Finally, to clarify why we originally informed the Association that we did not need a variance, was because on following the specifications of the survey received upon purchase of our home, a variance was not needed. Much to our frustration (and expense), we discovered after submitting our final plans to the Village that our survey was outdated according to the current Village setbacks and R-2 zoning. We now know, after the fact, that with this R-2 zoning, everyone in Robin Hood Ranch needs a variance. We hope anyone thinking of improving their home in the future can learn by our mistake! In closing, we have reset stakes in our yard showing the addition. Our revised architectural plans should be completed shortly for your review if you are interested. Please contact us with any comments or concerns, as we are truly trying to improve upon our home not only for our enjoyment but for the enhancement of the neighborhood. Regards, Ed and Anna McElroy IWPA win avnva1 MAM s v.4.. STING nCLE AND FRONT NOTE: 27' BUILDING LINE RELOCATED GAS METER ASSEMBLY 0, NOTE PAD CONCRETE � EXISTING DRIVEWAY • NOTE: � � •��� a . 3 TTOO BE GAS RE�:OCATED Mme, r R' e' UTILTY EASEMENT 291• I � w. i FRI111E BTORY O REAR YARD TO BE iAVE A SEEDED BY OWNER \ AFTER CONSTRUCTION / FIDN IS COMPLETE C g \ NOTE ONS. LOADING NOS; OC / EASTING SIDE WALK NEW 200 AMP C.T. W/ ��•� �-� SUBMITTED. REMOTE MAIN DISCONNECT RUN RIGID CONDUIT BACK -- G TO EXISTING 200 AMP PANEL T.P. JER O AND NOTE' DAYS EXISTING 200 AMP C.T. CABINET TO BE RELOCATED ® co ANG TO NEW GARAGE AREA W 0) i ^fi. In r = ED N¢M aoo s THK. CONCRETE PAD Asst: YNTH REINFORCING AND 4' THK. W c CA--6 COMPACTED GRAVEL BASE )IJ W �or R:158.63' - =ER. a N 355' BUILDING LINE E.Anthony,Inc. Complete Construction Services 16553 Oak Park Avenue Phone: 708-802-8230 Tinley Park, Illinois 60477 Fax: 708-802-8233 June 30, 1998 Mr. Tom Hawk Director of Community Development The Village of Oak Brook Fire Department 1212 Oak Brook Road Oak Brook, IL. 60523 Re: Request for Variance (Revised) HAND DELIVERED 33 Robin Hood Ranch Oak Brook, IL. Dear Mr. Hawk, Pursuant to your conversation of earlier today with Mrs. Anna McElroy, this correspondence shall serve as acknowledgement of the (revised) intended setback variance dimensions requested for the McElroy residence located at 33 Robin Hood Ranch. As discussed, the revised setback dimensions shall be(29'0") to the overhang corner on the rear or west elevation, and (27'0") to the overhang corner on the front (corner side-lot)or north elevation. In addition to this correspondence we include(18) copies of the revised site plan that displays the intention of the addition layout. As always, if there is any further need for our assistance do not hesitate to contact us at your convenience. Respectfully Submitted, /E and A. Gierczyk resident cc: M/M Ed McElroy enclosures O F 044, P X90 � o O y G O C�OOUNTV VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK , ILLINOIS 60523 - 2255 PHONE: 630 990-3000 MEMO FAX: 630 990-0876 June 29, 1998 TO: Zoning Board of Appeals FROM: Tom Hawk, Director of Community Developmen SUBJECT: McElroy 33 Robin Hood Ranch Variations- Corner Lot Side Yard and Rear Yard Setback In this petition, the McElroy's are seeking variations to the construction of a building addition to their home. The primary scope of the work to be done will include conversion of the existing garage into two bedrooms and the addition of a master bedroom, a two-car garage, and a utility room. The variations requested are as follows: 1. A variation to Section VII (D) (8) (b) to permit a side yard abutting a street of 25 feet instead of 40 feet. The current setback is approximately 32 feet and is legal non- conforming. 2. A variation to Section VII (D) (8) (c) to permit a rear yard of 16 feet instead of 60 feet. The current setback is approximately 53 feet and is legal non-conforming. Property Description The property is Lot 23 in the Robin Hood ranch Subdivision of 1953 and was developed under the DuPage Zoning Ordinance prior to the annexation of this area in 1962. It is an R-2 Zoning District (one-acre lots). Robin Hood Ranch is a loop street and 33 Robin Hood Ranch is at the northeast corner of the rectangular island of 8 homes formed by the street loop. The property is generally rectangular in shape with a lot depth of 159 feet and lot width of 149 feet. Its area is approximately 1/2 acre. To help orient yourself, please see this attached address map. The existing home was constructed prior to the 1962 annexation and has approximate setbacks as follows: Front Yard (East) — 33 feet (40 feet required) Corner Lot Side Yard (North) — 32 feet (40 feet required) Interior Side Yard (South) — 20 feet (18 feet required) Rear Yard (West) — 53 feet (60 feet required) �s June 29, 1998 Zoning Board of Appeals RE: McElroy Page 2 The home is constructed diagonally on the lot with the architectural front facing the corner. Variations Analysis and Commentary Side Yard Adjoining a Street(40 feet required) This setback request(25 feet) is relatively small in size and does not represent a very major change to the current setback (32 feet). Visually it would not be very noticeable nor would it likely cause any real detrimental impacts on neighboring properties. Rear Yard (60 feet required) This setback reduction (16 feet) is quite large and significantly reduces the rear yard especially from the point of view of the neighbor to the west (5 Robin Hood Ranch - See neighbor comments below). The detrimental impacts I perceive are primarily in the loss of open space and building separation between 33 and 5 Robin Hood Ranch. I do not believe there would be any detrimental effects in the areas of public safety or property values. Unique Circumstances/Hardships/Precedent The Robin Hood Ranch Subdivision is made up of 21 lots, that are generally about 1/2 acre in area. The property is zoned R-2 which calls for the following minimum bulk requirements: Lot Area — 1 acre Lot Width — 150 feet Front Set Back — 40 feet Side Yard (Corner) — 40 feet Side Yard (Interior) — 18 feet Rear Yard — 60 feet Most, if not all of the homes were built under County regulations and consequently many of them are non-conforming with respect to the Oak Brook yard requirements. There have been no front setback variations granted in the Robin Hood Ranch Subdivision although there have been several approved elsewhere, primarily in the Fullersburg Area, where the existing homes were also legal existing non-conforming. There have been 7 rear yard setback variations granted in Robin Hood Ranch as follows: 2 Robin Hood Ranch to 11 feet 4 Robin Hood Ranch to 33 feet 7 Robin Hood Ranch to 40 feet 10 Robin Hood Ranch to 57 feet 16 Robin Hood Ranch to 49 feet 27 Robin Hood Ranch to 33 feet 30 Robin Hood Ranch to 48 feet Given that some portion of the 33 Robin Hood Ranch home is encroaching into all of the required yards, virtually any addition to this home would require variations. P&Z-McElroy-Mem • June 29, 1998 Zoning Board of Appeals RE: McElroy Page 3 .Neighbor Comment The file contains a letter from the Homeowners Association indicating their approval of the plans. Mr. Jack Rogulic of 5 Robin Hood Ranch has reviewed the plans and expressed serious concerns regarding the rear yard setback and loss of open space and building separation in the rear yard that abuts his rear yard. Mr. Rogulic's rear yard is approximately 40 feet in depth and no variations have been granted for his property to date. TRH/gp cc: Petition files Attachment P&Z-McElroy-Mem 174_ • -44 r) 190S 7ro ■!y 1 H In _ Toot +Z Zt OZ � Amml n 6a ZIEE hirrTe I 10� pf so IE for E J ,2 �� • G�OF Oq,t • �P X90 c h G A 2 9C�OOUN71 \\�� VILLAGE OF OAK BROOK 1 2 0 0 OAK BROOK ROAD OAK BROOK , ILLINOIS 60523 - 2255 PHONE: 630 990-3000 FAX: 630 990-0876 June 16, 1998 Dear Resident: The Oak Brook Zoning Board of Appeals and the Village Board will be considering Variations at the meetings as scheduled on the reverse side of this notice. The application has been filed by: Edward McElroy 33 Robin Hood Ranch The property in question is located at 33 Robin Hood Ranch Relationship of applicant to property: Owner Subdivision Robin Hood Ranch The request which has been made is as follows: The petitioner is seeking Zoning Ordinance variations to reduce the corner lot side yard from forty (40') feet to twenty-five (35') feet and the rear yard from sixty (60')feet to sixteen (16')feet to allow construction of a room addition. 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. Very truly yours, Thomas R. Hawk Director of Community Development TRH/gp McElroy-res.ltr �� t CERTIFICATE OF PUBLICATION Paddock Publications, Inc. Legal Daily Herald Notices DEADLINE: Daily Herald Values 11 AM,2 days before publication Public Hearing Re: 33 Ro in Hood Ranch - Variation Rear and A Corporation organized and existing under and by virtue of the laws of the SideYard NOTICE IS HEREBY GIVEN that a public hearing before the State of Illinois, DOES HEREBY CERTIFY that it is the publisher of the Zoning Board of Appeals of the Village of Oak Brook,DuPage DAILY HERALD. That said DAILY HERALD is a secular newspaper and Cook Counties,Illinois,will be held on July'Brook at 7:30 p m. in the Oak Brook Village and has been published daily in the Village of Oak Brook Hall. 1200 Oak Brook Road, Oak Brook,Illinois 60523 for the purpose of considering the ap- COUn1�' leS Of PI :ion of Edward T.McElroy, `,/( ) 133 Robin Hood Ranch, Oak' iBrook,Illinois 60523 fore Varia- 1.111 page and State of Illinois, tion as provided under Section I of the of the of Oa Broinance continuously for more than one year prior to the date of the first publication XI the Village of Oak Brook, ce nois, Ordnance G-60, as amended. of the notice hereinafter referred to and is of general circulation throughout The property may be gener- g ally described as 33 Robin Hood Ranh, Oak Brook, IIIi- said Village, County(ies) and State. nois 60523,and the legal de- scription is as follows: Lot 23 in Robin Hood Ranch Subdivision, being a Subdivi- sion of the West half of Section I further certify that the DAILY HERALD is a newspaper as defined in "an 36,Township 39 North,Range 11,East of the Third Prir p Meridian,according to the Plat al Act to revise the law in relation to notices" as amended in 1992 Illinois thereof recorded June 15,1953 as Document inois. , in Compiled Statutes, Chapter 715, Act 5, Section 1 and 5. DuPage County,Illinois. Permanent Parcel No. 06-36-105-005 The petitioner's request will accomplish the following: A Zoning Ordinance variation to That a notice of which the annexed printed slip is a true copy, was Section VII(E)(8)requirements for a forty ffcot(40')corner lot June 16, 1998 side yard and six foot (60') published rear yard in an R2-Zoning Dis- trict to permit fi room addition in said DAILY HERALD. with atwenty-five(25')corner lot side yard and a sixteen foot I (16')foot rear yard. All persons desiring to be heard in support of or in opposi- tion to the proposed Variations, IN WITNESS WHEREOF, the undersigned, the said PADDOCK or any provision thereof,will be and may submit ir state-e- PUBLICATIONS, Inc., has caused this certificate to be signed by and ma submit their state- ments orally or in writing or both. The hearing may be re- cessed to another date if notice KENT JOHNSON its Asst. Treasurer, at Arlington Heights, Illinois. of time and place thereof is pub- licly announced at the hearing or is given by newspaper publi- cation not less than five(5)days prior to the date of the recessed I hearng. n accord with the provi- sions of the American with Dis- abilities Act,any individual who i need of reasonable ac- commodation PADDOCK PUBLICATIONS, INC. n order to partici- pate in or benefit from attend- ance at this public meeting DAILY HERALD NEWSPAPERS should contact Michael Crotty, the Village's ADA Coordinator, at 630/990-5738 as soon as possible before the meeting date. The petitioner's application is on file with the Village Clerk and with the Director ofgCommunity Development.Persons wishing to examine the petition-docu- ments may arrange to do so with the Director o Community Development, Thomas Hawk, Assistant re surer Village of Oak Brook,1212 Oak Brook Road, Oak Brook, IL 60523.telephone630/990-3045. LINDA GONNELLA Village Clerk Published at the direction of the Corporate Authorities and the Zoning Board of Appeals of the Village of Oak Brook, Control DuPage and Cook Counties,II- 1 2 2 7 4 56 linois. Published in the Daily Herald June 16.1998.(1227456) S 1 • • E. REFERRALS: - VARIATION MC ELROY - VARIATIC OM ER R LOT SIDE YARD AND REAR YARD SETBACK -- CORNER LOT SIDE REFER TO ZONING BOARD OF APPEALS MEETING OF YARD & REAR YARD JULY 7. 1998: Approved Omnibus Vote. SETBACK (33 Robin Hood Ranc F. AUTHORIZATION TO SEEK BIDS OR PROPOSALS: No Business. G. REQUEST FOR EXTENSION OF COMPLETION DATE - OAK OAK BROOK LAKES BROOK LAKES SUBDIVISION: Approved Omnibus Vote. SUBDIVISION H ANNUAL NORTHEASTERN ILLINOIS PLANNING NIPC COMMISSION IP 1 CONTRIBUTION - $2.592.00: Approved CONTRIBUTION Omnibus Vote. 6. ITEMS REMOVED FROM OMNIBUS AGENDA: None. 7. ACTIVE AGENDA (Items For Final Action): A. APPOINTMENTS: APPOINTMENTS: Motion by Trustee Caleel, seconded by Trustee Bartecki, to ratify the VEITCH - consensus reached by the Board at the Closed Meeting of May 26, EMPLOYMENT 1998 and renew Stephen B. Veitch's Employment Agreement with the AGREEMENT Village effective June 1, 1998, with a 4% salary increase (current salary $102,049) to a new salary of$106,150 and a one-time one (1) week of extra vacation time or one (1) week of additional pay (at his election). ROLL CALL VOTE: Ayes: 6 Trustees Bartecki, Caleel, Kenny, McInerney, Savino and Shumate. Nays: 0 - None. Absent: 0 - None. Motion carried. B. ORDINANCES & RESOLUTIONS: 1) RESOLUTION 98-AP-R-707 RESOLUTION OF RES. 98-AP-R-707 APPRECIATION - CHRISTINE MITH: RESOLUTION Or APPRECIATION - President Bushy read in its entirety a Resolution commending CHRISTINE SMITH Christine Smith, a Senior Life Guard and Swim Coach at the Oak Brook Bath and Tennis Club, for saving a small child from potential drowning at the Bath and Tennis Club pond on May 25, 1998. She VILLAGE OF OAK BROOK Minutes 3 of 12 June 9, 1998 0 F Oq� 690 � o O h G 9CF��UNTV \��\ VILLAGE OF OAK BROOK 1 2 0 0 OAK BROOK ROAD OAK BROOK , ILLINOIS 60523- 2255 PHONE: 630 990-3000 FAX: 630 990-0876 MEMO June 4, 1998 TO: President Bushy and Board of Trustees FROM: Tom Hawk, Director of Community Developmen SUBJECT: Referral McElroy - 33 Robin Hood Ranch Variation - Corner Lot Side Yard and Rear Yard Setback The petition submitted by Edward McElroy of 33 Robin Hood Ranch is seeking variations to the Zoning Ordinance with respect to corner lot side yard setback to allow a room addition. Please refer the Variation request to the Zoning Board of Appeals for public hearing at their meeting on July 7, 1998. TRH/gp cc: file 3. ZONING BOARD of APPEALS - STANDARDS APPENDIX A—ZONING Sec. XIH 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. (4) 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 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 a. Sec. XIII OAK BROOK CODE r�•, (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 otherwise endanger the public safety f 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 a;?W% r APPENDIX A—ZONING Sec. XIH l 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, R2, 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 alike 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. 969 R060 VARIATIONS Sec. XIII OAK BROOK CODE 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. a ariations. (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 whe*.her a reauested 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 /i 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. (4) 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 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 rEcla- 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 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. (5) Unauthorized Variations: The variation procedure shall in no case be used to accomplish a result which 968 APPENDIX A—ZONING Sec. VIII 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 Rl, R2, 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. G137, 9-14-71) (I) Plan Commission. Jurisdiction. The Plan Commission of the Village, which has been duly established with functions as prescribed by the DEnois Statutes, is the Plan Commission referred to in this ordinance, and shall have the following duties unaer t^—is 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) A# 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. 969 O�pF OgkAAo VIIA� 1£200 OA IM11 010MAD �o OAK BROOK,.IL 6052- oouNt�'��y` 6304900--3045 PETITION APPLICATION for PUBLIC HEARING ZONING ORDINANCE: ❑ APPEAL ($100) ❑x VARIATION ($300) ❑ AMENDMENT ($650) ❑ SPECIAL USE ($400) FLOOD PLAIN: ❑ VARIATION ($300) ❑ SPECIAL USE ($675) APPLICANT TO COMPLETE NOTE: ALL APPLICATIONS ARE TO BE RECEIVED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT AND AFTER AN INITIAL REVIEW WILL BE FILED WITH THE VILLAGE,CLERK. LOCATION OF SUBJECT PROPERTY 33 Robin Hood Ranch PERMANENT PARCEL NO. 06 - 36 - 105 -005 LOT NO. 23 SUBDIVISION Robin Hood Ranch LEGALADDRESS. 33 Robin Hood Ranch ZONING DISTRICT R-2 ZONING ORDINANCE SECTION #7 , Item D. ACTION REQUESTED ,1 Variance of Set-back requirements to allow for house addition.-- Lp,eyeg 407 cf1PF PIA G) 0/_ OvrR,y�I,JG Js✓STC'AD 01� J��p/ W40 of "A),e_' IsUS 7-640 PP d C_a-,< PROPERTY INTEREST OF APPLICANT: OWNER X CONTRACT PURCHASER AGENT OWNER(S)OF RECORD Mr . & Mrs . Edward T. McElroy PHONE 630-789-6779 ADDRESS 33 Robin Hood Ranch CITY Oak Brook STATE IL ZIP 60523 BENEFICIARY(IES) OF TRUST N/A PHONE ADDRESS CITY STATE ZIP NAME OF APPLICANT(and Billing Information) Edward T. McElroy PHONE 630-789-6779 ADDRESS 33 Robin Hood Ranch CITY Oak Brunk STATE TT, ZIP 60523 1 (we)certify that all of the above statements and the statements contained in any papers or plan submitted herewith are true to the best of my(our ledge belief. Sig na tu re of Applica ate Signature of Applicant b ate r DO NOT WRITE IN THIS SPACE-FOR OFFICE USE ONLY ;Date Filed 3 r Fee Paid$ ��•o Receipt Received By Board::of Trustees(Referral).afor Notice Published Newspaper -Daily Herald Adj.,Property.Owners-Noiifed G ri_ b i 4 4PUBLIG HEARING DATES.a Plan Commission ��� ;Zoning Board of-, ppeais-,", :Board ofTrustees. 7��Y�g� .Board ofTrustees �APproval'of ordinance)" F� �SIGNED-VILLAGE CLERK Date 5 APP-RESIDENTIAL VARIATION • /N E.Anthony,Inc. 1546 Complete Construction Services 16553 Oak Park Avenue 70-1732/719 Tinley Park,Illinois 60477 Phone: 708-802-8230 DATE PAY TO THE ORDER OF A R S Heritage Bank /�'� /70 •532•FAST / FOR/viA ii'00154611' -1:0719L73261: 'lei 4&7 511 — 1 Sys i3ooi� i i /loos 1 >c - / C64Ro CHECK $CHECKS $CASH INV# DATE NAME NUMBER G.L.ACCOUNT k DESCRIPTION t INVALID VILLAGE OF OAK BROOK WITHOUT C Oq SIGNATURE �P BUREAU OF INSPECTION 1200 OAK BROOK ROAD B 11605 9� = OAK BROOK, ILLINOIS ` " PHONE: (630)990-3000 7lsa.c! Zlaa RETAIN THIS RECEIPT FOR YOUR RECORDS NAMESAF SURROUNDING PROPERTAWNERS Following are the names and addresses of all surrounding property owners from the property in question for a distance of approximately 250 feet in all directions. The number of feet occupied by all public roads,streets,alleys,and public ways have been excluded in computing the 250 foot requirement. Said names are as recorded in the office of the County Recorder of Deeds (or the Registrar of Titles of the County)and as appear from the authentic tax records of this County within 30 days of the filing of this application. Provide a mailing label for each Property Owner listed. Note: The people on this list will be notified by mail with the information about your request and the meetings schedule. NAME OF PROPERTY OWNER ADDRESS OF PROPERTY OWNER PROPERTY ADDRESS Mr. William Snowhi to P.O. Box 741• 'Park Rid e;IL 60063. 31 Robin Hood Ranch Jack & Vi Rogulic 5 Robin Hood Ranch Oak-.gook Same Michael & Rhea Lee 34 Robin Hood Ranch Same Bob & Mary Kramer 6 Robin Hood Ranch Same William & Shirley Misek 3 Robin Hood Ranch Same M/M Andersen 2 Robin Hood Ranch Same M/M Macken 4 Robin Hood Ranch Same M/M Doyle 7 Robin Hood Ranch Same M/M Costello 8 Robin Hood Ranch Same M/M Heretik 9 Robin Hood Ranch Same M/M Sisson 10 Robin Hood Ranch Same M/M Strahan 27 Robin Hood Ranch Same M/M Jones 30 Robin Hood Ranch Same M/M Starek 32 Robin Hood Ranch Same M/M Bristow 3408 York Road, OakBrook Same M/M Phillips 3412 York Road, Oak Brook Same (Attach additional sheets if necessary) APP-RESIDENTIAL VARIATIO 6 NAMES OF SURROUNDING PROPERTY OWNERS Following are the names and addresses of all surrounding property owners from the property in question for a distance of approximately 250 feet in all directions. The number of feet occupied by all public roads,streets, alleys, and public ways have been excluded in computing the 250 foot requirement. Said names are as recorded in the office of the County Recorder of Deeds (or the Registrar of Titles of the County)and as appear from the authentic tax records of this County within 30 days of the filing of this application. Provide a mailing label for each Property Owner listed. Note: The people on this list will be notified by mail with the information about your request and the meetings schedule. NAME OF PROPERTY OWNER ADDRESS OF PROPERTY OWNER PROPERTY ADDRESS Mr . William Snowhite P.O. Box 741• Park Rid e IL 6006E 31 Robin Hood Ranch Jack & Vi Rogulic 5 Robin Hood Ranch Same Michael & Rhea Lee 34 Robin Hood Ranch Same Bob & Mary Kramer 6 Robin Hood Ranch Same William & Shirley Misek 3 Robin Hood Ranch Same (Attach additional sheets if necessary) APP-RESIDENTIAL VARI'N 6 10 • Mr. & Mrs. Edward McElroy 33 Robin Hood Ranch Oak Brook, IL. 60523 (630) - 789- 6779 May 18, 1998 Mr.Tom Hawk Director of Community Development The Village of Oak Brook Fire Department 1212 Oak Brook Road Oak Brook, IL. 60523 Re: Request for Variance 33 Robin Hood Ranch Oak Brook, IL. Dear Mr. Hawk, We submit herewith our request for variance in connection with the property as referenced above. The property in question is located in the Robin Hood Ranch subdivision that was previously annexed as an existing nonconforming subdivision to the current R-2 Zoning District. In our recent pursuit of a building permit to build an addition to our residence we were informed of the requirement for variance by Mr. Rich Arling. It is our understanding through research of the surrounding properties that numerous variances have been previously granted in our subdivision based on the same criteria of impact i.e., (lot dimensions&set-back requirements). A particularly unique item of impact to our request is the fact that we are a corner lot with frontage that actually faces Northeast. (Reference the enclosed site plan.) In a technical sense, depending on what is considered frontage, we may qualify for the existing R-2 status. However, we have not received any feedback as to how the "frontage" or other set-back requirements are being assumed for the basis of calculation in this instance. As it pertains to the interpretation of our status by the Village Oak Brook at present, we believe that the conditions for a variance as it pertains to our property include all five (5) items of impact listed in the "Variation Commentary". As our conversations with previous grantees has established that our situation is of a similar nature and the fact that we have had previous approval from the "Robin Hood Ranch Homeowner's Association", it is our hope that we may be granted the right to proceed with this project . Included with this correspondence we provide all required documents for your review and expedition. If there are any questions or additional information needed do not hesitate to contact us. Your consideration and cooperation to this request is greatly appreciated. Res VMcrov mitted, Edwar � Homeowne r May 18, 1998 33 Robin Hood Ranch Variance Request Page Two Our response to the"Variation Commentary"format on an item by item basis is as follows: MAY BE GRANTED 1.) When lot size, shape, or topography present unusual difficulties to the construction necessary. As stated previously, the primary reason for impact as it pertains to the proposed construction is the lot size, shape, and position of the house on the property. This lot, and the entire subdivision were previously accepted into the Village of Oakbrook in a non- conforming state as it pertains to the requirements of a (R-2)Zoning status. 2.) When pre-existing conditions, which are not of the present Owners making, cause problems with complying with the requirements. Again, the fact that the entire Robin Hood Ranch subdivision was accepted as is and can not conform to the Zoning requirements of(R-2) previously placed upon it by the Village creates an impact for new home purchasers not made aware of the existing conflict. 3.) When adherence to the requirements would prevent or reduce unreasonably the ability to gain a fair rate of return. In this instance, our need to expand is due to the addition of a new baby. Our purpose, in order to accommodate our new baby and the best investment into our home, is to expand the most effectively within the existing house frame and add what we feel will be the maximum space to allow for the highest and best use of our property without creating an impact to others. We feel we have accomplished that in the development of our drawings for construction. Without the ability to expand, the house can not gain a fair rate of return. 4.) When a hardship exists due to unusual lot shape or topography, hazards due to flooding potential and hazards due to neighboring property usage. We believe that of any lot within Robin Hood Ranch Subdivision, our lot presents a hardship specifically due to unusual shape, location, and zoning requirements in which the house was originally constructed under. Those original parameters would in fact allow the construction that we propose to conform. (Please reference the plat of survey provided at our closing I included herein.) 5.) When the proposal is in accordance with the intent of the regulations and when the essential character of the neighborhood will not be damaged. We believe, as in our last response, that our proposed addition fully conforms with the intent of the regulations and essential character of the neighborhood as it was originally planned, and subsequently accepted into the Village of Oak Brook in lieu of its nonconforming ability to meet the(R-2) Zoning placed upon it. (Review of our plans will show the intent and purpose to expand within the set-back requirements as shown upon the plat of conveyance provided to us at the closing of our home purchase in 1994.) May 18, 1998 33 Robin Hood Ranch Variance Request Page Three MAY NOT BE GRANTED 1.) Where the justification is solely based on the possibility for profit. In review of our plans, it should be noted that our home as it exists is very compact. The need for additional space and the expansion in general is great and does not have a bearing on our outlook for any profit potential for our home. Our purpose is to make the best possible investment to fulfill our needs for the present and the future at this home. 2.) Where conditions put forth are essentially the same for most other properties. The remedy for this situation is to seek amendment to the zoning ordinance itself. The conditions are the same for every homeowner in Robin Hood Ranch. There is no property in the subdivision that can conform to the Zoning status applied by the Village of Oak Brook. The remedy in fact, has been to cause each homeowner to apply for zoning variances every time they would consider a change to their property. Historically, this subdivision has been granted numerous variances specific to the hardship of the zoning status placed upon it after the development standards were established and the homes were built. (Reference zoning activity attachment included herewith). 3.) Where the request is based on personal conditions of your own making. We do not believe that this request is predicated on personal conditions of our own making in view of the fact that past variance history demonstrates the opposite as it pertains to this subdivision and the existing conflict of zoning status. 4.) Where the variation, if granted, would be detrimental to neighboring properties. Although we have just recently been informed of the zoning impact with our property, we had previously taken the necessary time to discuss with our neighbors our plans and share with them our drawings for the addition. Not one neighbor voiced an objection, and in addition, as is required, we submitted our plans to the Robin Hood Ranch Homeowner's Association for review and approval. Copy of that approved information was submitted along with our building permit application in April. 5.) Where the variation would restrict adequate light, ventilation, and/or fire separation for neighboring properties. The plans for construction show that our addition is intended as a single story and is located specifically at the side and rear of property. There is no impact created to either natural light, ventilation, or fire separation for any property. 6.) Where the variation would negatively alter the character of the area. The variance that we request to proceed with our home expansion is in no way any different than all of the previous variances allowed for in the Robin Hood Ranch Subdivision. We are confident that our effort and investment will enhance the area rather than create a negative impact. LOI •� • April It, 1998 Mr. Ed McElroy 33 Robin Hood Ranch Oak Brook, Illinois 60523 Re: 33 Robin Hood Ranch Proposed Improvement Dear Mr. McElroy: Pursuant to your request, I have reviewed your drawings for the proposed improvements to your home and find them to be acceptable for development within the Robin Hood Ranch subdivision. Further, all surrounding neighbors were provided with notice of the proposed improvements on March 27, 1998 and there are no objections. If you have any questions, please call me. Very my yours, Jac son C- a,-�e LJ,� JS/pl I 4119193 ROBIN HOOD RUCH PLANNING AND. iOWNG ACIIVI7Y page 1 a Applicant St. f Street Zoning Filing Date (ype Description Reason 84 of Trustee Ord. N Coneleots RatiStich ; Robin Hood R-1 10122174 Var Rear Yard 10122114 S-310 841istich I Robin Hood R-2 10112174 Vat Side Yard App 10121174 S-320 N Hancock 1 Robin Hoed R-2 7127171 Vat Rear Yard 7117171 5-233 .v ,o v 4 Robin Hood R-2 11/11/80 Vat Rear Yard 5-454 Nickrn 4 Robin Hood R-1 11121188 Vat Rear Yard 60'to Addition App. 31[4189 S-665 legal exist. nonconforaing hoo 30' r- Knauer 6 Robin Hood R-2 4122186 Var Rear Yard 60'to Roan addition 5-510 legal exist. nonconforming bon 28' Doyle r' Robin Rood R-? 9124185 Vat Rear Yard 60'to Addition 4124185 S-568 See side yard N 40' p O9yle i Robin good R-2 9/24185 Vat Side Yard 18'to Roof overhang App 5-568 Also tear Yard of IS co a oa a Sisson 10 Robin Hood R-2 5/15/86 Var Rear Yazd 60'to Roof overhaop App. 7111186 S-594 0 57, _ Sisson 10 Robin Hood R-2 5115186 Vat Side Yard 18'to Roof overhang App. 7122186 5-594 � 15' Sisson 10 Robin Hood R-2 3130190 Vat oriveway Denied 7124190 Serhant 16 Robin Hood R-2 7125/72 Vat Rear Yard 7/25172 S-257 See 5-185 rescission Serhaet 16 Robin good 1-2 7/14/73 Var Rear yard Ord. S-257 1114173 S-285 See 5-757 repealed 4.Meyer 16 Robin Hood 9-2 6118/88 Plat Final Plat Serhant Resubdv App. 10/15/88 R-443 Wehmeyer 18 Robin Hood R-2 8/18188 plat Final Plat Serhaet Resubdv App. 10/25/88 R-463 i>Ishall 2% Robin Hood R-2 3119193 Val Rear yard, 60 ft Room addition 05/25193 Undersize lot, irregu]ar shape to 33 ft. a Robin Hood R-2 6!26179 Var Rear 'lard S-431 McElroy Submittal (Variance) Robin Hood Ranch Additional Recent Variances Granted 1. ) Keenan/ 25 Robin Hood Ranch No Variance Required by Village (Same Impact as Mc Elroy) 2. ) 6CWDLAS&ASSOCS. 9©&45205 P. 05 q r � f C OY NYC V I LLAC E OF OAK BROOK 1200 0AK. 5 R0C) K RC7AZ- OAK BROOK, ILLINOIS 605.11 -2255 MEn10 April 28, 1993 TO: Zoning Board f Appeals FROM: Tom Haw L, SUEJECi: Strahan Variation - Reduction of rear yard requirement - 27 Robin Hood Ranch Recommendation: For approval This request is not unique to this area. 'There have been seven (7)previous requests for reducing rear yard setbacks to as low as 28 feet (see attached information sheet). ZONING REQUIREMENT COMPARISON R-2 R--3 R-4 Strahan lot Minimum lot area 43,560 ft 25,000 ft 18,000 ft 22,818 ft Minimum lot width 150 ft 100 ft 75 ft 170 tt Depth based on a minimum width lot 290 it 250 ft 240 it 126.'.142 ft Depth based on a 170 foot width lot 256 it 147 ft 106 ft 134 ft requested: Rear Setback 60 ft 40 ft 30 tt 30 ft Many of the tots in Robin Hood Ranch have areas between 20,000 and 25,000 square feet. The Strahan lot is typical of the lots in Robin Hood Ranch; and, based on examination of the above comparison, a rear setback in the 30 to 40 foot range is more equitable than the 60 feet imposed by the R-2 designation. OGHOLAS&ASSOGS. 7k-4620.E P. 06 April 28, 1993 Zoning Board of Appeals RE: Strahan Variation Page Two I have provided a copy of the petition to the Robin Hood Ranch Homeowner's Association and it is my understanding that they will give us their comments in time for the public hearing. It is my opinion that this lots configuration, small lot and buildable areas and lot depth do constitute a unique circumstance and hardship and also that there are no appreciable detrimental effects to any of the neighboring properties. cc: D. Wolf Petition files 06/01/98 15: 23 FAX 70880 8233 E ANTHONY INC 001 E Anthony, Inc. Complete Construction Services 16553 Oak Park Avenue Phone: 708-802-8230 Tinley Park, Illinois 60477 Fax: 70802-8233 June 1. 1998 Mr.Tom Hawk Diredor of Community Development The Village of Oak Brook Fire Department 1212 Oak Brook Road Oak Brook, IL. 60523 Re: Request for Variance VIA FAX TRANSMISSION 33 Robin Hood Ranch Oak Brook, IL. Dear Mr.Hawk, Pursuant to our conversation of earlier today, this correspondence shall serve as acknowledgement of the intended setback variance dimensions requested for the McElroy residence located at 33 Robin Hood Ranch. As discussed, the setback dimensions shall be (ITT') to the overhang comer on the rear or west elevation, and(257)to the overhang comer on the front (comer side-lot)or north elevation. As always,if there is any further need for our assistance do not hesitate to contact us at your convenience_ Respectful ubmitted, . Gie resident cc: M/M Ed McElroy Fe JII UJ1)1 AT OF SOURV . TEL, E'.:'-.Y LOT 23 IN ROBINHOOD RANCH SUBDIVISION, BEING A SUBDIVISION OF PART OF THE WEST HALF OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, 'ACCORDING 4�ez,K:::•. TO THE PLAT THEREOF RECORDED JUNE 15, 1953 AS DOCUMENT 685421, IN DUPAGE CO J UNTY, ILLINOIS. rte?; n:.:... , F•F{ A-l- III-L5 (LOBIIJ p+0o'3 M."y".y C-14 2 0 AD, ELtF V, Y6•3C- C- -q4-Aroo— z-14 4;Y> y (,� 7�uo to.r P. SCHLAF U/ � [\ `• 6 G > •I r � i 5_p a -rIFN� i a I T 5 p.5 c1"o G 8 v n ti f • ... TOP OF Fcx:N pR-rION Date of Survey -/E-✓T. I� (991 ,l r :[frp �,, �., Legend R- record distance CH- chord M. measured distance • Found Iron State of Illinois D- deed 0 Set iron �\•, 1iLijC"' , Concrete shown shaded County of Du Page '�i�� •• ••'•:i����\ • c � Fence line Es r Limits of building I hereby certify that the above described property has been surveyed,under my supervision,according scale t feet Sl "-Z� ft to the official record and that the above plat correctly represents said survey.All distances are In lest :•,:<: and decimals thereof. I�. 4 I hereby further certify that unless otherwise shown,the buildings on the parcel are within property SCHLAF-SEDIG lines and the adjoining Improvements do not encroach on the above described property. &ASSOCIATES,INC. Ir�F•' 1030 SJmn..er�l eld �r„/e inp ��:.: easeue,rn,rois 6o17z r: (7,,e) 924-71 OL) Compare the descrlpt of Is plat with deed.Re(r to title policy for Items of record not shown above. J� Ordinance 98-ZO-V-S-909 Granting a Variation Relative to Corner Lot Side and Rear Yard Variation, Page 2 Section 6: That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS llthday of August, 1998. Ayes: Trustees Caleel, Kenny, Savino and President Bushy Nays: None Absent: Trustees Bartecki. McInerney and Shumate Abstain: NnnP APPROVED THIS 11th day of August, 1998. Village PresiV6nt "r 7 Was to Form: z d. Village Attorney Published Date Paper Not Published XX Applicant: Mr. & Mrs. Edward T. McElroy Address: 33 Robin Hood Ranch Oak Brook, IL 60523 PIN 06-36-105-005