S-938 - 04/27/1999 - AGREEMENT - Ordinances Supporting Documents w
I;
6. ITEMS REMOVED FROM OMNIBUS AGENDA: None.
7. ACTIVE AGENDA Items For Final Action):
A. APPOINTMENT : No Business. I,
B. ORDINANCES&R fiOLUTIQNS:
1) RDINANCE 99-SD-DP+CA-S-937 AN ORDINANCE ORD.99_SD-DP+CA' 1
AMEN DIN A 5-214 BY XT DIN IHE S-937 AMEND S-
EXPIRATION SATES THE CERTIFICATE OFD EXPIRATI
APPROPRIATENESS GRANTED THEREIN (3824 YORK DATE OF CERTIF.
ROAD,OAK BROOK. IL(Q523): A'PRUPRIATENESSI }
(3824 York Road j
) , RDINAN E 99-Z -SU-S-938 AN ORDINANCE oRD.99-20-su-
MENDING ORDINANCE S-915 BY EXTENDING THE S-938 AMEND S—
EXPIRATION DATE OF THE SPECIAL USE PERMIT EXTEND EXPIRATI
GRANTED °THEREIN (3824 YORK ROAD. OAK BROOK IL DATE OF SPECIALI
PERMIT (3824 Yo
60523)
Road)
03) ORDINANCE 99-Z ?-S -FP-S-939 AN ORDINANCE oRD.99-zU-SU-FP
AMENDING ORDINANCE S-916 BY EXTENDING THE S-939 AMEND S
EXPIRATION DATE OF THE FLOOD PLAIN SPECIAL USE EXTEND EXPIRATI
PERMIT GRANTED THEIEIN (3824 YORK ROAD OAK PATE OF SPECIAL PLAIN SPECIAL tF'
BROOK. IL 60523): (3824 York Road'
4)"ORDINANCE 99.&Q-V-S-940 AN ORDINANCE AM EN,. DING ORD.99-Go-�-s-9 t
ORDINANCE
S-917 BY EXTENDING THE EXPIRATION AMEND S-917 EXT
DATE OF THE VARIATIONS FROM THE PROVISIONS OF EXPIRATION DATE',!t
THE ZONING ORDINANCE (3824 YORK. ROAD, OAK
VARIATIONS
BROOK,IL 60523)' (3824 York Road
I�
Pursuant to the Village Board's direction given at the Regular meeting
of April 13, 1999, Village Attorney Martens has drafted four (4)
ordinances which extends from January 31, 1999 to July 31, 1999 the
time within which Mr. Rocca trust take title to the property at 3824
York Road.
The ordinances which are affected by this extension are: S-914 !I
authorizing issuance of a certificate of appropriateness; S-915
granting a special use for a drive-in banking facility; S-916 granting a
flood plain special use; and S-917 granting; variations. Each
ordinance states that, except for the provision pertaining to the
condition imposing, a deadline for Mr. Rocca to take title to the
VILLAGE OF OAK. BROOK Minutes 4 of 18 April 27, 1999
I.
ROCCA
ZONING MAP AMENDMENT
VARIATIONS SPECIAL USE
INDEX
PAGE CONTENTS
Ordinance S-940— Extending Expiration Date of S-917
Ordinance S-939— Extending Expiration Date of S-916
Ordinance S-938— Extending Expiration Date of S-915
Ordinance S-937— Extending Expiration Date of S-914
Board of Trustees Meeting Minutes dated 4/27/99
Board of Trustees Meeting Minutes dated 4/13/99
Ordinance G-625
Ordinance S-917
Ordinance S-916
Ordinance S-915
Ordinance S-914
Board of Trustees Meeting Minutes dated 10/27/98
Board of Trustees Meeting Minutes dated 10/13/98
Summary of Requested Relief
67-67a Informational Memo from Hawk to Board of Trustees dated 10/8/98
66-66a Letter from Attorney Gooder dated 10/7/98 re: Revisions
65 Revised Site Plan dated 9/30/98 (stamped received 10/7/98 -Supersedes Page K)
64 Letter of Support from Resident dated 10/7/98
63 Letter of Support from Resident dated 10/5/98
62 Letter of Support from Resident dated 10/8/98
61 Letter of Support from Resident dated 9/30/98
60 Letter of Support from Resident dated 10/2/98
59 Letter of Support from Resident dated 10/2/98
58 Letter of Support from Residents dated 10/2/98
57 Letter of Support from Residents dated 9/25/98
56 Memo to Board of Trustees from Veitch dated 9/15/98 re: Continuance to 10/13/98
55 Letter from Rocca dated 9/15/98 re: Continuance
54 Forest Preserve District Response to Rocca's re: Purchase of Property 9/4/98
53 Board of Trustees Meeting Minutes dated 9/8/98
52 Memo from Hawk to Board of Trustees re: Continuance and Files
51 Letter of Support dated 9/1/98
50 Board of Trustee Meeting Minutes dated 8/25/98
49 Letter from Rocca dated 8/124/98 re: Request to Table Petition
48 Letter from Fullersburg Historic Foundation re: Concerns
47 Board of Trustees Meeting Minutes dated 6/23/98
46-46a Dr. Orig's Statement at 6/23/98 Meeting.
45 Forest Preserve District Response to Rocca's request re: Purchase of Property 5/19/98
44 Oak Brook Park District Response to Rocca's Request re: Purchase of Property
dated 5/19/98
43 Letter from Rocca dated 6/16/98 re: Request to Table Petition
42 Permanent Injunction - Cities Services Oil vs. VOB entered 3/8/79
41 Court Decree -Cities Services Oil vs. VOB entered 1/14/72
40 Letter from Stephen Veitch to Mr. Rocca dated 5/29/98 re: Response to
Rocca's Letter dated 5/15/98
39 Board of Trustees Meeting Minutes dated 5/26/98
38 Letter of Objection from Fullersburg Woods Area Association
37 Letter of Objection from Dr. Orig
36 Memorandum from Stephen Veitch to Board of Trustees dated 5/15/98
re: Rocca's Request to Table Petition to 6/23/98
35 Letter from Rocca dated 5/15/98 re: Request to Table Petition
34 Letter from Rocca dated 5/15/98 re: Village Intentions to purchase property
33-33d Board of Trustees Meeting Minutes dated 4/28/98
32 Letter of Objection from Resident dated 4/28/98
31 Letter of Objection from Resident dated 4/26/98
30 Letter of Objection from Resident dated 4/21/98
29-29a Informational Memo from Hawk to Board of Trustees dated 4/22/98
28-28a Recommendation Letter from Zoning Board of Appeals Chairman to Board of Trustees
27 Objection Letter from Oak Brook Historical Society
26 Support Letter from Resident dated 4/6/98
25-25d Zoning Board of Appeals Meeting Minutes Dated 4/7/98
24-24a Letter of Objection from Fullersburg Woods Area Association.
23-23-a Present and Proposed Structure at 3824 York Road
22 Memo from Durfey to Hawk re: Technical Aspects of Compensatory Storage
21 Objection Letter from Resident dated 4/1/98
20 Objection Letter from Oak Brook Historical Society dated 3/30/98
19 Recommendation Letter from Plan Commission Chairman to Board of Trustees
and Zoning Board of Appeals
18-18b Plan Commission Meeting Minutes Dated March 16, 1998
17 Certificate of Publication dated March 19, 1998
16 Memo from Hawk re: Fence Variation
15 Letter from Dave Gooder re: Additional Variation
14 Fence Detail
13 Letter from Dave Gooder re: Additional Variation
12 Fence Detail
11-11d Informational Memo from Hawk to Zoning Board of Appeals dated March 11, 1998
10 Memo from Durfey re: Initial Plan Review
9 Resident Letter dated March 9, 1998
8 Certificate of Publication dated February 27, 1998 and March 11, 1998
7 Board of Trustees Referral Meeting Minutes dated February 24, 1998
6 Referral Memo to Board of Trustees from Hawk dated February 17, 1998
5-5g Flood Plain Special Use, DuPage County Countywide Storm Water and Flood
Plain Ordinance
4-4c Variations, Zoning Ordinance, Section XIII, (G) (pages. 966-969)
3-3a Amendments, Zoning Ordinance, Section XIII (1) (pages. 970-971)
2-2f Historic Graue Mill Gateway Area, Zoning Ordinance, Section VIII-A, (E-K)
(pgs. 920-4 - 920-10)
1-1b Special Uses, Zoning Ordinance, Section XIII (J) (pages 971-973)
A-A3 Application/Petition and Rider A
B Fee/Receipt
C-C6 Surrounding Property Owners List (Rider B)
D-D4 Letter of Explanation and Factors
E Aerial Map Showing Surrounding Property
F Intergovernmental Agreement re: Driveway dated 4/24/89
G-G1 Illinois Environmental Protection Agency letter to Mitchell dated 11/15/96
re: Further Remediation Not Necessary
H-1-114 Standing on Property - Contract
I Landscape Plan and Plant Notes - (Not attached)
J Engineering Plans
K Site Plan (Superseded - see Page 65)
L Front Elevation
M South and North Elevation
N West Elevation
0 Topographical Survey with Legal Description (Key Files Only)
1
ORDINANCE 99-ZO-V-S-940
AN ORDINANCE AMENDING ORDINANCE S-917 BY
EXTENDING THE EXPIRATION DATE OF THE VARIATIONS FROM THE PROVISIONS OF
THE ZONING ORDINANCE
(3824 York Road,Oak Brook, IL 60523)
WHEREAS, the President and Board of Trustees of the Village of Oak Brook, by Ordinance S-917
granted variations from certain provisions of the Oak Brook Zoning Ordinance for the property commonly
known as 3824 York Road, Oak Brook, Illinois,subject to certain conditions and restrictions;and
WHEREAS, pursuant to Section 3(c)of Ordinance S-917,said variations would terminate if the
contract purchaser fails to take title to the property on or before January 31, 1999; and
WHEREAS,the owner of the subject property has petitioned the President and Board of Trustees
to extend the deadline for taking title by six(6)months;and
WHEREAS, the President and Board of Trustees of the Village of Oak Brook deem the passage
of this Ordinance to be in the best interest and in furtherance of the general welfare of the Village of Oak
Brook.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as
though fully set forth herein.
Section 2: That Subsection (c)of Section 3 of Ordinance S-917 is hereby amended to read as
follows:
"(c) That the variations herein granted shall automatically terminate and be of no force or effect
without further action by the Village Board in the event that the contract purchaser(Alan
Rocca)or nominee fails to take title to the Subject Property on or before July 31, 1999. The
foregoing conveyance date may be extended without public hearing by the President and
Board of Trustees upon a showing of necessity by the contract purchaser; and"
Section 3: That all other provisions of Ordinance S-917 are in full force and effect.
Section 4: That this ordinance shall be in full force and effect from and after passage and
approval pursuant to law.
PASSED THIS 27th day of April, 1999.
Ayes: Trustees Caleel, Kenny, McInerney and President Bushy
Nays: None
Absent: Trustees Bartecki. Savin and Shumate
Abstain: None
Ordinance 99-ZO-SU-S- 940
Granting Time Extension
Rocca, 3824 York Road
Page 2
APPROVED THIS 27th day of April, 1999.
L
Village Preside
S OF 00
ATTEST: � ,� 01
�r�
Villag Clerk
Approved as to Form�U�Tom,
>Acz-'ej
Village Attorney
Not Published %
ORDINANCE 99-ZO-SU-FP-S-939
AN ORDINANCE AMENDING ORDINANCE S-916 BY
EXTENDING THE EXPIRATION DATE OF
THE FLOOD PLAIN SPECIAL USE PERMIT GRANTED THEREIN
(3824 York Road,Oak Brook, IL 60523)
WHEREAS, the President and Board of Trustees of the Village of Oak Brook, by Ordinance S-
916,granted a flood plain special use permit for the property commonly known as 3824 York Road, Oak
Brook, Illinois,subject to certain conditions and restrictions;and
WHEREAS,pursuant to Section 3(4)of Ordinance S-916,said special use permit would terminate
if the contract purchaser fails to take title to the property on or before January 31, 1999; and
WHEREAS, the owner of the subject property has petitioned the President and Board of Trustees
to extend the deadline for taking title by six(6)months; and
WHEREAS,the President and Board of Trustees of the Village of Oak Brook deem the passage
of this Ordinance to be in the best interest and in furtherance of the general welfare of the Village of Oak
Brook.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as
though fully set forth herein.
bion 2: That Subsection (4)of Section 3 of Ordinance S-916 is hereby amended to read as
follows:
"(4)That the flood plain special use herein granted shall automatically expire without further action
by the Village Board in the event that the contract purchaser(Alan Rocca)or nominee fails to
take title to the Subject Property on or before July 31, 1999. The foregoing conveyance date
may be extended without public hearing by the President and Board of Trustees upon a
showing of necessity by the contract purchaser; and"
Section 3: That all other provisions of Ordinance S-916 are in full force and effect.
Section 4: That this ordinance shall be in full force and effect from and after passage and
approval pursuant to law.
PASSED THIS qday of April, 1999.
Ayes: Trustees Caleel. Kenny. McInerney and President Bushy
Nays: None
Absent: Trustees Bartecki. Savino and Shumate
Abstain: None
Ordinance 99-ZO-SU-FP-S-939
Granting Time Extension
Rocca, 3824 York Road
Page 2
APPROVED THIS 27th day of April, 1999.
t of 04�v
d� yL LC
` �`� •��' Village President
ATTEST:
Villag Jerk �C•`tio�'��:�
Appro ed as to Form:
Village Attorney
Not Published %
ORDINANCE 99-ZO-SU-S-938
AN ORDINANCE AMENDING ORDINANCE S-915 BY
EXTENDING THE EXPIRATION DATE OF THE SPECIAL USE PERMIT GRANTED THEREIN
(3824 York Road,Oak Brook, IL 60523)
WHEREAS,the President and Board of Trustees of the Village of Oak Brook, by Ordinance S-
915, granted a special use permit for a drive-in banking facility for the property commonly known as 3824
York Road, Oak Brook, Illinois,subject to certain conditions and restrictions;and
WHEREAS,pursuant to Section 3(D)of Ordinance S-915,said special use permit would
terminate if the contract purchaser fails to take title to the property on or before January 31, 1999; and
WHEREAS, the owner of the subject property has petitioned the President and Board of Trustees
to extend the deadline for taking title by six(6)months; and
WHEREAS,the President and Board of Trustees of the Village of Oak Brook deem the passage
of this Ordinance to be in the best interest and in furtherance of the general welfare of the Village of Oak
Brook.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as
though fully set forth herein.
Section 2: That Subsection D of Section 3 of Ordinance S-915 is hereby amended to read as
follows:
"(D) That the special use permit herein granted shall automatically terminate and be of no
force and effect without further action by the Village Board in the event that the
contract purchaser(Alan Rocca)or nominee fails to take title to the Subject Property
on or before July 31, 1999. The foregoing conveyance date may be extended without
public hearing by the President and Board of Trustees upon a showing of necessity
by the contract purchaser;and"
Sectio That all other provisions of Ordinance S-915 are in full force and effect.
Section 4: That this ordinance shall be in full force and effect from and after passage and
approval pursuant to law.
PASSED THIS 27th day of April, 1999.
Ayes: Trustees Caleel. Kenny. McInerney and President Bushy
Nays: None
Absent: Trustees Bartecki, Savino and Shumate
Abstain: None
c
i
Ordinance 99-ZO-SU-S-938
Granting Time Extension
Rocca,3824 York Road
Page 2
APPROVED THIS 27th day of April, 1999.
Village Presiden
OF 04,
ATTEST:
. I4 say•. .' t' r
Vlragd Clerk
Approved as to Form.
Village Attorney
Not Published %
ORDINANCE 99-SD-DP+CA-S- 937
AN ORDINANCE AMENDING ORDINANCE S-914 BY
EXTENDING THE EXPIRATION DATE OF THE CERTIFICATE OF APPROPRIATENESS
GRANTED THEREIN
(3824 York Road,Oak Brook, IL 60523)
WHEREAS, the President and Board of Trustees of the Village of Oak Brook, by Ordinance S-
914, granted a Certificate of Appropriateness for the so-called Rocca Site Plan for the property commonly
known as 3824 York Road,Oak Brook, Illinois,subject to certain conditions and restrictions;and
WHEREAS, pursuant to Section 3(C)of Ordinance S-914,the Certificate of Appropriateness
would terminate if the contract purchaser fails to take title to the property on or before January 31, 1999;
and
WHEREAS,the owner of the subject property has petitioned the President and Board of Trustees
to extend the deadline for taking title by six(6)months; and
WHEREAS,the President and Board of Trustees of the Village of Oak Brook deem the passage
of this Ordinance to be in the best interest and in furtherance of the general welfare of the Village of Oak
Brook.
NOW,THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as
though fully set forth herein.
Section 2: That Subsection C of Section 3 of Ordinance S-914 is hereby amended to read as
follows:
"(C)That this Certificate of Appropriateness shall automatically terminate and be of no force and
effect without further action by the Village Board in the event that the contract purchaser(Alan
Rocca)or nominee fails to take title to the Subject Property on or before July 31, 1999. The
foregoing conveyance date may be extended without public hearing by the President and
Board of Trustees upon a showing of necessity by the contract purchaser; and"
Section 3: That all other provisions of Ordinance S-914 are in full force and effect.
Section 4: That this ordinance shall be in full force and effect from and after passage and
approval pursuant to law.
PASSED THIS 27th day of April, 1999.
Ayes: Trustees Caleel, Kenny, McInerney and President Bushy
Nays: None
Absent: Trustees Bartecki, Savino and Shumate
Abstain: None
Ordinance 99-SD-DP+CA-S-937
Granting Time Extension
Rocca, 3824 York Road
Page 2
APPROVED THIS 27th day of April, 1999.
_ Village President
OF 4�
ATTEST:
�i
Villag lerk
�UUNT%
Approved as to Form:
Village Attorney
Not Published %
6. ITEMS REMOVED FROM OMNIBUS AGENDA: None.
7. ACTIVE AGENDA (Items For Final Action):
A. APPOINTMENTS: No Business.
B. ORDINANCES & RESOLUTIONS:
1) ORDINANCE 99-SD-DP+CA-S-937 AN ORDINANCE ORD.99-SD-DP+CA-
AMENDING ORDINANCE S-914 BY EXTENDING THE S-937 AMEND S-91
EXPIRATION DATE OF THE CERTIFICATE OF EXTEND EXPIRATIOI
APPROPRIATENESS GRANTED THEREIN (3824 YORK DATE OF CERTIF. c
ROAD,OAK BROOK, IL 60523): APPROPRIATENESS
(3824 York Road)
2) ORDINANCE 99-ZO-SU-S-938 AN ORDINANCE ORD.99-ZO-SU-
AMENDING ORDINANCE S-915 BY EXTENDING THE S-938 AMEND S-91
EXPIRATION DATE OF THE SPECIAL USE PERMIT EXTEND EXPIRATIO1
GRANTED THEREIN (3824 YORK ROAD, OAK BROOK, IL DATE OF SPECIAL I
PERMI60523): Road)T (3824 Yorb
3) ORDINANCE 99-ZO-SU-FP-S-939 AN ORDINANCE ORD.99-ZO-SU-F"-
AMENDING ORDINANCE S-916 BY EXTENDING THE S-939 AMEND I
EXPIRATION DATE OF THE FLOOD PLAIN SPECIAL USE EXTEND EXPIRATIOr
PERMIT GRANTED THEREIN (3824 YORK ROAD, OAK DATE OF FLOOD
PLAIN SPECIAL USE
BROOK, IL 60523): (3824 York Road)
4) ORDINANCE 99-ZO-V-S-940 AN ORDINANCE AMENDING oRD.99-ZO-V-S-94C
ORDINANCE S-917 BY EXTENDING THE EXPIRATION AMEND S-917 EXTEN
DATE OF THE VARIATIONS FROM THE PROVISIONS OF EXPIRATION DATE C
THE ZONING ORDINANCE (3824 YORK ROAD, OAK VARIATIONS
BROOK, IL 60523): (3824 York Road)
Pursuant to the Village Board's direction given at the Regular meeting
of April 13, 1999, Village Attorney Martens has drafted four (4)
ordinances which extends from January 31, 1999 to July 31, 1999 the
time within which Mr. Rocca must take title to the property at,3824
York Road.
The ordinances which are affected by this extension are: S-914
authorizing issuance of a certificate of appropriateness; S-915
granting a special use for a drive-in banking facility; S-916 granting a
flood plain special use; and S-917 granting variations. Each
ordinance states that, except for the provision pertaining to the
condition imposing a deadline for Mr. Rocca to take title to the
VILLAGE OF OAK BROOK Minutes 4 of 18 April 27, 1999
property, all other provisions of the underlying ordinances remain in
full force and effect.
Village Attorney Martens suggested that the maker of the motion
move that all four(4) ordinances be approved at the same time.
Motion by Trustee McInerney, seconded by Trustee Caleel, to pass
Ordinance 99-SD-DP+CA-S-937, "An Ordinance Amending
Ordinance S-914 By Extending The Expiration Date Of The
Certificate Of Appropriateness Granted Therein (3824 York Road,
Oak Brook, IL 60523)", Ordinance 99-ZO-SU-S-938, "An Ordinance
Amending Ordinance S-915 By Extending The Expiration Date Of
The Special Use Permit Granted Therein (3824 York Road, Oak
Brook, IL 60523)", Ordinance 99-ZO-SU-FP-S-939, "An Ordinance
Amending Ordinance S-916 By Extending The Expiration Date Of
The Flood Plain Special Use Permit Granted Therein (3824 York
Road, Oak Brook, IL 60523)", and Ordinance 99-ZO-V-S-940, "An
Ordinance Amending Ordinance S-917 By Extending The Expiration
Date Of The Variations From The Provisions Of The Zoning
Ordinance (3824 York Road, Oak Brook, IL 60523)", as presented
and waive the full reading thereof. ROLL CALL VOTE:
Ayes: 4 - Trustees Caleel, Kenny, McInerney and President
Bushy.
Nays: 0 - None.
Absent: 3 - Trustees Bartecki, Savino and Shumate. Motion
carried.
5) ORDINANCE 99-LC-TA-G-631 AN ORDINANCE DELETING ORD.99-LC-TA-G-6,
SECTIONS 8-61 AND 8-62 OF ARTICLE II OF CHAPTER 8 DELETE SECTIONS
ENTITLED, "VEHICLES FOR HIRE" OF THE CODE OF 8-61 and 8-62 OF
ORDINANCES OF THE VILLAGE OF OAK BROOK ART. II OF
ILLINOIS: „CHAPTER 8,
VEHICLES FOR HIRE
Regulation of taxi service in the Village began in 1982 with the
licensing of American Taxi as the sole taxi company authorized to
originate trips in the Village. There was established at that time a
limitation on the number of licensed cabs, which was increased
several times over the years in response to requests from the company
and support from hotels in the Village.
In 1996, the Village revamped its approach to taxi regulation. The
new ordinance provided for licensing of taxi companies and taxi
drivers without limit as to number. The company licensing process
involves registration of vehicles to be operated in the Village, which
provides the means of inspecting and qualifying the cabs themselves.
VILLAGE OF OAK BROOK Minutes 5 of 18 April 27, 1999
Concept design work by the architect continues for the Municipal Building
project, which now includes Police, Fire Station #1, Engineering,
Communications, Purchasing, Information Service and Emergency
Management.
On April 16, 1999, the Bath and Tennis Club will host an Italian Night
beginning at 6:30 p.m. The buffet includes several Italian specialties. This
event is open to all.
The Bath and Tennis Club's Mother's Day Buffet is open to members only.
There will be two seatings (one at 10:30 a.m. and the other at 1:30 p.m.). The
second seating is almost filled at this point, so don't delay making reservations
by calling 990-3025 during the business day if you wish to attend.
The Bath and Tennis Club Opening Cocktail Party is open to everyone and will
be held on May 28, 1999 and will feature the Gentlemen of Leisure.
9. UNFINISHED AND NEW BUSINESS (Final Action Not Anticipated):
A. REQUEST FOR TIME EXTENSION - 3824 YORK ROAD - TIME EXTENSION
ROCCA: 3824 YORK ROAD
ROCCA
Trustee Savino commented that the property needs to be cleaned.
Village Manager Veitch indicated that would occur, as the property is
purchased.
Trustee Savino recused himself due to the business relationship he has had with Rocca
jewelers and left the dais at 9:55 p.m.
The Village Board, in October 1998, approved a set of five (5)
ordinances that enabled the redevelopment of the old gas station
property at 3824 York Road.
In four(4)of these ordinances,a condition was imposed requiring that
Mr. Rocca take title to the property no later than January 31, 1999
with a stipulation that a time extension may be approved upon a
showing of necessity.
The Ordinances are:
S-914 Approving the development Plan and Authorizing
Issuance of a Certificate of Appropriateness
S-915 Granting of a Special Use for a Drive-in Banking Facility
S-916 Granting a Flood Plain Special Use
S-917 Granting Variations
The Village has received a request from John Romanelli, agent for
Mr. Rocca, seeking a time extension. The reason given for the delay
is the Forest Preserve District of DuPage County's consideration to
VILLAGE OF OAK BROOK Minutes 18 of 20 April 13, 1999
0 0
acquire the property, which was terminated on March 2, 1999. Mr.
Romanelli estimates that the closing should be accomplished within
about ninety (90) days. To allow for contingencies, an extension of
six (6) months should be adequate.
Motion by Trustee McInerney, seconded by Trustee Kenny, to grant
the requested time extension and direct the Village Attorney to draft
the necessary ordinance for action at the Regular meeting of April 27,
1999. VOICE VOTE: Motion carried with Trustee Savino absent.
Trustee Savino returned to the dais at 9:57 p.m.
B) AMENDMENT TO TAXI ORDINANCE: AMENDMENT TO
TAXI ORDINANCE
Regulation of taxi service in the Village began in 1982 with the
licensing of American Taxi as the sole taxi company authorized to
originate trips in the Village. There was established at that time a
limitation on the number of licensed cabs, which was increased
several times over the years in response to requests from the company
and support from the hotels.
In 1996, the Village revamped its approach to taxi regulation. The
new ordinance authorized taxi company licenses and taxi driver
licenses (there had been no licensing requirement for drivers or
investigation of driver backgrounds under the prior ordinance)
without limit as to number. The company licensing process involves
registration of vehicles to be operated in the Village, which provides
the means of inspecting and qualifying the cabs themselves. The
Village elected to retain an aggregate limit on the number of cabs that
could be registered. That limit has since been raised two more times
as additional taxi companies have become licensed.
The first such additional company was AAA Universal, which
obtained its first company license in 1997. Very recently, 303
Transportation has obtained a company license. Now a fourth
company, Courtesy Cab, has indicated a desire to apply for a company
license. Clearly, the market is working to provide options for Oak
Brook residents and visitors in terms of taxi service. After due
consideration, staff involved in the licensing process sees no reason to
maintain an artificial limit on the aggregate number of cabs registered
by licensed companies for operation in the Village. Staff thinks the
demand for service will dictate how many vehicles are actually
operating at a given time.
VILLAGE OF OAK BROOK Minutes 19 of 20 April 13, 1999
4
ORDINANCE 98-ZO-V-S-917
AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS
OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK
RELATIVE TO YARDS, GROUND SIGNS, FENCES AND LOADING BERTHS
(3824 York Road, Oak Brook, IL 60523)
WHEREAS, in 1972, in a case entitled Cities Service Oil Company v. Village of Oak Brook, 71-
1443-G, the Circuit Court found that the setback lines imposed by the Village on the property at 3824
York Road ("Subject Property") "in effect, prevent the use" of the Subject Property "by depriving the
owners of the major portion of the property on which to construct a building"; and
WHEREAS, the Circuit Court's decision was affirmed in Cities Service Oil Company v. Village of
Oak Brook, 15 III.App.3d 424, 304 N.E.2d 460 (2nd Dist., 1973) wherein the Appellate Court found that
the setback restrictions were "clearly unreasonable" and agreed with the Circuit Court that the Village's
Zoning Ordinance as applied to the setback requirements of both parcels comprising the Subject
Property was unconstitutional; and
WHEREAS, an application has been filed requesting setback and other variations for the Subject
Property; 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 April 7, 1998; and
WHEREAS, the said Zoning Board of Appeals made specific findings of fact and
recommendation for approval of the following variations:
1. A variation from the provisions of Section VIII(E)(4) to reduce
(a) the required front yard from 100 feet to 73 feet in width;
(b) the northerly required side yard from 60 feet to 40 feet in width;
(c) the southerly required side yard from 60 feet to 20 feet in width;
(d) the required rear yard from 60 feet to 15 feet in width;
2. A variation from the provisions of Section VIII(E)(5)to permit construction of one freestanding
ground sign on a lot less than three acres in area; said sign shall comply with the plans prepared by
R. A. Mifflin Assoc. Architects, dated as last revised on September 30, 1998, incorporated herein by
reference, including the symbol requirements of the Graue Mill Gateway Area;
3. A variation from the provisions of Section XI(D)(1)to provide relief from the location, size and
enclosure requirements for off-street loading berths, thereby allowing loading activities in the parking
lot and in a designated area adjacent to the trash enclosure; and
WHEREAS, following the hearing before the Zoning Board, the applicant revised its request for
the southerly required side yard from 20 feet in width to 23 feet in width; and
WHEREAS, the corporate authorities of the Village of Oak Brook have considered these
recommendations and findings and concur in the same since they are supported by the preponderance
of evidence in the record;
Rocca-Variations
Ordinance 98-ZO-V-S-917
Granting Variations to the Property
at 3824 York Road, Page 2
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 variations are hereby granted from the above provisions of the
Zoning Ordinance of the Village of Oak Brook as set forth in the preamble, including a 23-foot
wide southerly required side yard, subject to the conditions set forth in Section 3;
Section 3: That the variations are hereby granted subject to the following conditions:
(a) that the improvements to the Subject Property be in substantial conformity with the Site
Plan, prepared by R.A. Mifflin Assoc.Architects, as last revised September 30, 1998,
incorporated herein by reference ("the Site Plan");
(b) that a fence (not more than 42" high and not less than 50% open) be constructed along the
west lot line;
(c) that the variations herein granted shall automatically terminate and be of no force or effect
without further action by the Village Board in the event that the contract purchaser(Alan
Rocca) or nominee fails to take title to the Subject Property on or before January 31, 1999.
The foregoing conveyance date may be extended without public hearing by the President
and Board of Trustees upon a showing of necessity by the contract purchaser; and
(d) that the variations herein granted shall automatically terminate and be of no force or effect
without further action by the Village Board in the event that construction of the improvements
pursuant to the Site Plan has not been substantially completed by December 31, 2000. The
foregoing completion date may be extended without public hearing by the President and
Board of Trustees upon a showing of necessity by the property owner.
Section 4: That the variations herein granted pursuant to this ordinance are limited to the
property located at 3824 York Road, which property is legally described as:
Parcel 1: Lot 1 in J. Lynch's Assessment Resubdivision of part of Tract B, in J. Lynch
Second Plat of Survey (recorded February 11, 1954 as Document No. 707775), of part
of Lot 1 in Gmoser and Bluma's Plat of Survey (recorded June 18, 1949 as Document
No. 570094), in the South Yz of Section 36, Township 39 North, Range 11, East of the
Third Principal Meridian, according to the Plat of said J. Lynch's Assessment
Resubdivision recorded May 2, 1957 as Document No. 840938, in DuPage County, IL.
Permanent Parcel No. 06-36-308-014.
Parcel 2: That part of tract B, in J. Lynch Second Plat of Survey (Document No.
707775), a part of Lot 1, Gmoser and Bluma's Plat of Survey situated in that part of the
South '/2 of Section 36, Township 39 North, Range 11, East of the Third Principal
Meridian, bounded and described as follows to wit: Commencing at the Southwest
corner of the Southeast 1//4 of Section 36, Township 39 North, Range 11, East of the
Third Principal Meridian;thence East along the South line of Section 36, a distance of
280.5 feet to a point in the center line of Spring Road as now platted and recorded;
thence Northwesterly along the center line of said Spring Road, a distance of 245.90 feet
to the point of beginning; thence still along said center line of Spring Road, a distance of
i •
Ordinance 98-ZO-V-S-917
Granting Variations to the Property
at 3824 York Road, Page 3
85.0 feet to a point, thence South 62 degrees, 01 minute West, a distance of 175.0 feet
to a point, thence, South 27 degrees 59 minutes East, a distance of 60 feet to a point,
thence 70 degrees 09 minutes East, a distance of 176.78 feet to the point and point of
beginning, except that portion lying in Spring Road, dedicated for highway purposes, all
in DuPage County, Illinois. Permanent Parcel No. 06-36-308-013.
Section 5: That this ordinance shall be in full force and effect from and after passage and
approval pursuant to law.
PASSED THIS 27th day of October, 1998.
Ayes: Trustees Bartecki, Caleel, McInerney and Shumate
Nays: None
Absent: Trustee Kenny; Trustee Savino (Recused)
Abstain: None
APPROVED THIS 27th day of October, 1998.
Village Presid
(`;�� _•'ATTEST: �t
"f Village- Jerk
Approved as to Form:
Village Attomey
Published
Date Paper
Not Published RX
Applicant: Alan Rocca
Address: 114 Canterbury Lane
Oak Brook, IL 60523
PIN: 06-36-308-013 and 06-36-308-014
ORDINANCE 98-ZO-SU-FP-EX1-S-916
AN ORDINANCE GRANTING A FLOOD PLAIN SPECIAL USE PERMIT
PURSUANT TO SECTION 10-34 OF THE CODE OF ORDINANCES OF
THE VILLAGE OF OAK BROOK, ILLINOIS
(3824 York Road, Oak Brook, IL 60523)
WHEREAS, the contract purchaser of certain property described herein has petitioned the
corporate authorities of the Village of Oak Brook, DuPage and Cook Counties, Illinois, for a Flood Plain
Special Use Permit under Section 10-34 of the Code of Ordinances of the Village of Oak Brook, relating
to flood plain and wetland regulations; and
WHEREAS, a public hearing on such petition has been conducted by the Zoning Board of
Appeals of the Village on April 7, 1998, pursuant to due and appropriate legal notice; and
WHEREAS, The Plan Commission of the Village of Oak Brook has submitted its
recommendation to the President and Board of Trustees; and
WHEREAS, both the Plan Commission and Zoning Board of Appeals have recommended
approval of the petition since the proposed use is consistent with the best use of the flood plain; and
WHEREAS, the proposed use satisfies the requirements of and is consistent with each of the
factors set forth in Section 10-34(c) of the Code of Ordinances of the Village of Oak Brook; and
WHEREAS, the corporate authorities of the Village of Oak Brook deem the passage of this
ordinance to be in the best interest and in furtherance of the general welfare of the Village of Oak Brook;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as
though fully set forth herein.
Section 2: Pursuant to Section 10-34 of the Code of Ordinances of the Village of Oak Brook,
Illinois, a Flood Plain Special Use Permit is hereby granted to allow occupancy and reconfiguration of the
flood plain, subject to the requirement for compensatory storage at a ratio of 1.5:1. Compensatory
storage shall be located in a dry basin at the north end of the property in substantial conformity with the
Site Plan prepared by Laser Consulting Engineers of Illinois, as last revised March 13, 1998, said
property being legally described as:
Parcel 1: Lot 1 in J. Lynch's Assessment Resubdivision of part of Tract B, in J. Lynch
Second Plat of Survey (recorded February 11, 1954 as Document No. 707775), of part
of Lot 1 in Gmoser and Bluma's Plat of Survey (recorded June 18, 1949 as Document
No. 570094), in the South 1/2 of Section 36, Township 39 North, Range 11, East of the
Third Principal Meridian, according to the Plat of said J. Lynch's Assessment
Resubdivision recorded May 2, 1957 as Document No. 840938, in DuPage County, IL.
Permanent Parcel No. 06-36-308-014.
Rocca-FPSU
Ordinance 98-ZO-SU-FP-EXI-S-916
Granting a Flood Plain Special Use
Permit, 3824 York Road, Page 2
Parcel 2: That part of tract B, in J. Lynch Second Plat of Survey (Document No.
707775), a part of Lot 1, Gmoser and Bluma's Plat of Survey situated in that part of the
South Y2 of Section 36, Township 39 North, Range 11, East of the Third Principal
Meridian, bounded and described as follows to wit: Commencing at the Southwest
comer of the Southeast 1//4 of Section 36, Township 39 North, Range 11, East of the
Third Principal Meridian;thence East along the South line of Section 36, a distance of
280.5 feet to a point in the center line of Spring Road as now platted and recorded;
thence Northwesterly along the center line of said Spring Road, a distance of 245.90 feet
to the point of beginning;thence still along said center line of Spring Road, a distance of
85.0 feet to a point,thence South 62 degrees, 01 minute West, a distance of 175.0 feet
to a point,thence, South 27 degrees 59 minutes East, a distance of 60 feet to a point,
thence 70 degrees 09 minutes
East, a distance of 176.78 feet to the point and point of beginning, except that portion
lying in Spring Road, dedicated for highway purposes, all in DuPage County, Illinois.
Permanent Parcel No. 06-36-308-013.
Section 3: That this special use permit is subject to the following conditions:
(1) That all applicable permits be obtained from the appropriate regulatory agencies and that
improvements constructed on the subject property be constructed in accordance with the
Building code and in accordance with the requirements for flood resistant construction as set
forth in Section 2102.0 of the BOCA National Building Code;
(2) That the property be developed and maintained in substantial conformity with the Site Plan
prepared by Laser Consulting Engineers of Illinois, as last revised October 26, 1998,the
landscaping plan and building elevation drawings as submitted, hereby incorporated by
reference;
(3) That the flood plain special use be subject to final engineering approval, including
requirements for proper maintenance of the stormwater management facilities;
(4) That the flood plain special use herein granted shall automatically expire without
further action by the Village Board in the event that the contract purchaser(Alan
Rocca) or nominee fails to take title to the Subject Property on or before January 31,
1999. The foregoing conveyance date may be extended without public hearing by
the President and Board of Trustees upon a showing of necessity by the contract
purchaser; and
(5) That the flood plain special use herein granted shall automatically terminate and be
of no force and effect without further action by the Village Board in the event that all
land modifications on the Subject Property have not been completed by December
31, 2000. The foregoing completion date may be extended without public hearing by
the President and Board of Trustees upon a showing of necessity by the property
owner.
Section 4: That this ordinance shall be in full force and effect from and after passage and
approval pursuant to law.
PASSED THIS 27th day of October, 1998.
Ordinance 98-ZO-SU-FP-EX1-S- 916
Granting a Flood Plain Special Use
Permit, 3824 York Road, Page 3
Ayes: Trustees Bartecki, Caleel, McInerney and Shumate
Nays: None
Absent: Trustee Kenny; Trustee Savino (Recused)
Abstain: None
APPROVED THIS 27th day of October, 1998.
Village President
ATTEST----,-,.
Village. lerk
�$Qpr`ove ' ffto Form:
*>
CiN"" a
Village Attorney
Published
Date Paper
Not Published XX
Applicant: Alan Rocca
Address: 114 Canterbury Lane
Oak Brook, IL 60523
PIN: 06-36-308-013 and 06-36-308-014
ORDINANCE 98-ZO-SU-S--15
AN ORDINANCE GRANTING A SPECIAL USE
FOR A DRIVE-IN BANKING FACILITY
(3824 York Road, Oak Brook, IL 60523)
WHEREAS, the contract purchaser of the property at 3824 York Road has applied to the Village
for a special use to permit construction of a drive-in banking facility; and
WHEREAS, the Plan Commission on March 16, 1998 recommended approval of the requested
special use subject to certain conditions; and
WHEREAS, a public hearing thereon was conducted by the Zoning Board of Appeals of the
Village of Oak Brook on April 7, 1998 pursuant to due and appropriate legal notice; and
WHEREAS, the Zoning Board of Appeals made its findings and unanimously recommended
approval of the requested Special Use subject to certain conditions; and
WHEREAS, the President and Board of Trustees have reviewed the recommendations of the
Zoning Board of Appeals and Plan Commission and deem the passage of this ordinance to be in the best
interest and in furtherance of the general welfare of the Village of Oak Brook, subject to the conditions set
forth below.
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 special use, pursuant to Section VIII(D)(2)(d) is granted to permit the
construction of a drive-in banking facility at the property commonly known as 3824 York Road and
legally described as follows:
Parcel 1: Lot 1 in J. Lynch's Assessment Resubdivision of part of Tract B, in J. Lynch
Second Plat of Survey(recorded February 11, 1954 as Document No. 707775), of part of
Lot 1 in Gmoser and Bluma's Plat of Survey (recorded June 18, 1949 as Document No.
570094), in the South %of Section 36, Township 39 North, Range 11, East of the Third
Principal Meridian, according to the Plat of said J. Lynch's Assessment Resubdivision
recorded May 2, 1957 as Document No. 840938, in DuPage County, IL. Permanent
Parcel No. 06-36-308-014.
Parcel 2: That part of tract B, in J. Lynch Second Plat of Survey (Document No. 707775),
a part of Lot 1, Gmoser and Bluma's Plat of Survey situated in that part of the South %of
Section 36, Township 39 North, Range 11, East of the Third Principal Meridian, bounded
and described as follows to wit: Commencing at the Southwest corner of the Southeast
1//4 of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian;
thence East along the South line of Section 36, a distance of 280.5 feet to a point in the
center line of Spring Road as now platted and recorded; thence Northwesterly along the
center line of said Spring Road, a distance of 245.90 feet to the point of beginning; thence
still along said center line of Spring Road, a distance of 85.0 feet to a point, thence South
62 degrees, 01 minute West, a distance of 175.0 feet to a point, thence, South 27
degrees 59 minutes East, a distance of 60 feet to a point, thence 70 degrees 09 minutes
Rocca-Special Use
Ordinance 98-ZO-SU-S-915
Granting a Special Use for a
Drive-In Banking Facility
3824 York Road, Page 2
East, a distance of 176.78 feet to the point and point of beginning, except that portion
lying in Spring Road, dedicated for highway purposes, all in DuPage County, Illinois.
Permanent Parcel No. 06-36-308-013.
Section 3: That the special use permit herein granted pursuant to Section 2 of this
ordinance is expressly subject to compliance with the following conditions:
A. That the drive-in banking facility be constructed substantially in conformance with the
Site Plan prepared by R. A. Mifflin Assoc. Architects, as last revised September 30,
1998, hereby incorporated by reference;
B. That the contract purchaser alleviate any traffic stacking problems should they
develop, as determined by the Village;
C. That the special use permit herein granted shall automatically lapse and expire at
such time as the use of the subject property ceases to include a banking facility;
D. That the special use permit herein granted shall automatically terminate and be of no
force and effect without further action by the Village Board in the event that the
contract purchaser(Alan Rocca)or nominee fails to take title to the Subject Property
on or before January 31, 1999. The foregoing conveyance date may be extended
without public hearing by the President and Board of Trustees upon a showing of
necessity by the contract purchaser; and
E. That the special use permit herein granted shall automatically terminate and be of no
force and effect without further action by the Village Board in the event that
construction of the drive-in banking facility has not been substantially completed by
December 31, 2000. The foregoing completion date may be extended without public
hearing by the President and Board of Trustees upon a showing of necessity by the
property owner.
Section 4: That this ordinance shall be in full force and effect from and after passage and
approval pursuant to law.
PASSED THIS 27th day of October, 1998.
Ayes: Trustees Bartecki, Caleel, McInerney and Shumate
Nays: None
Absent: Trustee Kenny; Trustee Saving (Recused)
Abstain: None
APPROVED THIS 27th day of October, 1998.
Villag resident
Ordinance 98-ZO-SU-S-915
Granting a Special Use for a
Drive-In Banking Facility
3824 York Road, Page 3
ATTEST:
� I Pgarti
Approved as to Form:
Village Attorney
Published
Date Paper
Not Published XX
Applicant: Alan Rocca
Address: 114 Canterbury Lane
Oak Brook, IL 60523
PIN: 06-36-308-013 and
06-36-308-014
ORDINANCE 98-SD-DP+CA-EX2-S-914
ORDINANCE APPROVING DEVELOPMENT PLAN AND
AUTHORIZING ISSUANCE OF CERTIFICATE OF APPROPRIATENESS
(3824 York Road,Oak Brook, IL 60523)
WHEREAS, the contract purchaser of certain property described herein has petitioned the
corporate authorities of the Village of Oak Brook, DuPage and Cook Counties, Illinois,for a Certificate of
Appropriateness and provided the Village with a plan for a certain development in the Historic Graue Mill
Gateway Area (Rocca Development) under Section VIII-A of the Oak Brook Zoning Ordinance, Ordinance
G-60, as amended; and
WHEREAS, the public hearing on such petition has been conducted by the Plan Commission of
the Village on March 16, 1998, pursuant to due and appropriate legal notice; and
WHEREAS, after reviewing the Rocca Development Site Plan, the Plan Commission
recommended that said plan be approved and that a Certificate of Appropriateness be issued subject to
certain conditions; and
WHEREAS, the corporate authorities of the Village of Oak Brook deem the passage of this
ordinance to be in the best interest and in furtherance of the general welfare of the Village of Oak Brook;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES'OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as
though fully set forth herein.
Section 2: That subject to the conditions set forth below, the Rocca Site Plan is approved, as said
plan is appropriate to the development of the Historic Graue Mill Gateway area, is consistent with the
area's historic nature, and has been evaluated pursuant to the applicable standards set forth in Section
VIII-A(F)and (G)of the Oak Brook Zoning Ordinance, Ordinance G-60, as amended.
Section 3: That because the Rocca Site Plan meets the intent and purpose of the Historic Graue
Mill Gateway Area, a Certificate of Appropriateness is hereby issued, subject to the conditions set forth
below.
A. That all land modifications, landscaping and construction on the Subject Property be done in
substantial conformity with (1)the Site Plan prepared by R.A. Mifflin Assoc.Architects, as last
revised September 30, 1998, a copy of which is attached hereto, labeled Exhibit A, and made
a part hereof; and (2) the Elevations drawn by the same firm dated February 16, 1998, copies
of which are attached hereto, labeled Exhibit B (collectively, "the Plans");
B. That pursuant to Section VIII-A(G)of the Oak Brook Zoning Ordinance, Ordinance G-60, as
amended, in order to ensure an adequate and pleasant natural environment, a sum of money
equal to not less than five (5) percent of the total project construction cost, as set forth on the
approved building permits, shall be budgeted and used by the owners and developers to
purchase and install mature sized trees, shrubbery, grass and other suitable landscaping
upon the grounds, which budgeted amount shall be expended to comply with the provisions of
subsections (F)(4) and (F)(5)of Section VIII-A. The contract purchaser(developer)shall
furnish the Building Commissioner with paid bills to insure compliance with this condition;
Rocca-Cert.Of Approp.
Ordinance 98-SD-DP+CA-EX2-S-914
Approving the Rocca Development Plan
and Issuing Certificate of Appropriate-
ness, Page 2
C. That this Certificate of Appropriateness shall automatically terminate and be of no force and
effect without further action by the Village Board in the event that the contract purchaser(Alan
Rocca) or nominee fails to take title to the Subject Property on or before January 31, 1999.
The foregoing conveyance date may be extended without public hearing by the President and
Board of Trustees upon a showing of necessity by the contract purchaser; and
D. That this Certificate of Appropriateness shall automatically terminate and be of no force and
effect without further action by the Village Board in the event that construction of the
improvements pursuant to the Plans has not been substantially completed by December 31,
2000. The foregoing completion date may be extended by the President and Board of
Trustees upon a showing of necessity by the property owner.
Section 4: That the Certificate of Appropriateness herein issued pursuant to this ordinance is
limited to the property located at 3824 York Road, which property is legally described as:
Parcel 1: Lot 1 in J. Lynch's Assessment Resubdivision of part of Tract B, in J. Lynch
Second Plat of Survey (recorded February 11, 1954 as Document No. 707775), of part of
Lot 1 in Gmoser and Bluma's Plat of Survey(recorded June 18, 1949 as Document No.
570094), in the South %of Section 36, Township 39 North, Range 11, East of the Third
Principal Meridian, according to the Plat of said J. Lynch's Assessment Resubdivision
recorded May 2, 1957 as Document No. 840938, in DuPage County, IL. Permanent
Parcel No. 06-36-308-014.
Parcel 2: That part of tract B, in J. Lynch Second Plat of Survey (Document No. 707775),
a part of Lot 1, Gmoser and Bluma's Plat of Survey situated in that part of the South %of
Section 36, Township 39 North, Range 11, East of the Third Principal Meridian, bounded
and described as follows to wit: Commencing at the Southwest corner of the Southeast
1//4 of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian;
thence East along the South line of Section 36, a distance of 280.5 feet to a point in the
center line of Spring Road as now platted and recorded; thence Northwesterly along the
center line of said Spring Road, a distance of 245.90 feet to the point of beginning; thence
still along said center line of Spring Road, a distance of 85.0 feet to a point, thence South
62 degrees, 01 minute West, a distance of 175.0 feet to a point, thence, South 27
degrees 59 minutes East, a distance of 60 feet to a point, thence 70 degrees 09 minutes
East, a distance of 176.78 feet to the point and point of beginning, except that portion
lying in Spring Road, dedicated for highway purposes, all in DuPage County, Illinois.
Permanent Parcel No. 06-36-308-013.
Section 5: That this ordinance shall be in full force and effect from and after passage and
approval pursuant to law.
Section 6: If any section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such determination shall not affect the validity of any remaining portion of this
ordinance.
PASSED THIS 27th day of October, 1998.
Ordinance 98-SD-DP+CA-EX2-S-914
Approving the Rocca Development Plan
and Issuing Certificate of Appropriate-
ness, Page 3
Ayes: Trustees Bartecki, caleel, McInerney and Shumate
Nays: None
Absent: Tr„Gree Kenny; Trustee Savino (Rectified)
Abstain: NRn,.
APPROVED THIS 27thday of October, 1998.
Village PresidoKt
_tom:_`'tet.';. /�• � !/1/� �_
Villa erk i
�Apk as to Form: —
dPaa
Village Attorney
Published
Date Paper
Not Published XX
Applicant: Alan Rocca
Address: 114 Canterbury Lane
Oak Brook, IL 60523
PIN: 06-36-308-013 and 06-36-308-014
ORDINANCE 98-ZO-MA+R-EX1-G-625
AN ORDINANCE AMENDING THE ZONING MAP
OF THE VILLAGE OF OAK BROOK
(3824 York Road, Oak Brook, IL 60523)
WHEREAS, the property commonly known as 3824 York Road ("Subject Property")consists of
two contiguous parcels improved with a boarded-up service station, the permanent parcel numbers for
which are 06-36-308-013 and 06-36-308-014; and
WHEREAS, the northerly parcel is zoned R-3, Single-Family Detached Residence District, and
the southerly parcel is zoned B-3, General Business District; and
WHEREAS, in 1972 in a case entitled Cities Service Oil Company v. Village of Oak Brook. 71-
1443-G, the Circuit Court found that with respect to the northerly parcel, "the zoning of the Village of Oak
Brook for residential use is not compatible with the character of the neighborhood and existing uses
therein, and has no tendency to promote the health, safety, morals, convenience and general welfare of
the citizens of the Village of Oak Brook,"and further found that the"general character of the neighborhood
is business"; and
WHEREAS, the Circuit Court's decision was affirmed in Cities Service Oil Company v. Village of
Oak Brook. 15 III.App. 3d 424, 304 N.E.2d 460 (2nd Dist., 1973), wherein the Appellate Court found that
with respect to the northerly parcel the existing uses of the area were basically commercial with
considerable public use for forest preserve purposes, including the historic Graue Mill site, and with
comparatively few residential uses and went on to state: "The area cannot be characterized as solidly
residential, but rather is developing commercial; and any damage to the property of the surrounding area
has already been done by existing commercial use," 15 III.App. 3d at 430; and
WHEREAS, on February 16, 1998, an application was filed with the Village Clerk of the Village of
Oak Brook requesting that the northerly parcel be rezoned from R-3 to B-3, thereby avoiding split zoning
as depicted on the attached map; and
WHEREAS, on February 24, 1998, the corporate authorities referred the application to the Plan
Commission and the Zoning Board of Appeals for public hearings; and
WHEREAS, at its meeting of March 16, 1998, the Plan Commission recommended to the Village
Board that the application be approved; and
WHEREAS, a public hearing was held by the Zoning Board of Appeals on April 7, 1998, pursuant
to due and appropriate legal notice; and
WHEREAS, at the public hearing on April 7, 1998, the Zoning Board of Appeals made certain
findings and recommended to the Village Board that the application be approved; and
WHEREAS, the President and Board of Trustees concur with the Plan Commission and Zoning
Board of Appeals and find that it is in the best interests of the Village that the northerly parcel within the
Village of Oak Brook be rezoned from R-3 to B-3.
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:
Rocca-Map Amendment
Ordinance 98-ZO-MA+R-EX1-G-625
Amending the Zoning Map
3824 York Road, Page 2
Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as
though fully set forth herein.
Section 2: The zoning map of the Village of Oak Brook is hereby amended to change the
designation from R-3 to B-3 for the property legally described as follows:
Parcel 2• That part of tract B, in J. Lynch Second Plat of Survey (Document No. 707775),
a part of Lot 1, Gmoser and Bluma's Plat of Survey situated in that part of the South %of
Section 36, Township 39 North, Range 11, East of the Third Principal Meridian, bounded
and described as follows to wit: Commencing at the Southwest corner of the Southeast
1//4 of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian;
thence East along the South line of Section 36, a distance of 280.5 feet to a point in the
center line of Spring Road as now platted and recorded; thence Northwesterly along the
center line of said Spring Road, a distance of 245.90 feet to the point of beginning; thence
still along said center line of Spring Road, a distance of 85.0 feet to a point, thence South
62 degrees, 01 minute West, a distance of 175.0 feet to a point, thence, South 27
degrees 59 minutes East, a distance of 60 feet to a point, thence 70 degrees 09 minutes
East, a distance of 176.78 feet to the point and point of beginning, except that portion
lying in Spring Road, dedicated for highway purposes, all in DuPage County, Illinois.
Permanent Parcel No. 06-36-308-013.
Section : That the Village Clerk is hereby directed to amend the"Official Map of Zoning
Districts of the Village of Oak Brook" in accordance with the map attached hereto, labeled Exhibit
A, and made a part hereof.
Section 4: All ordinances, rules and regulations of the Village of Oak Brook which are in
conflict with the provisions of this ordinance are hereby repealed to the extent of the conflict and
only as they apply to the specific properties hereinbefore described.
Section 5: That this ordinance shall be in full force and effect from and after its passage, approval
and publication as required by law.
Section 6: That the Village Clerk is hereby authorized and directed to publish this ordinance in
pamphlet form in the manner provided by law.
PASSED THIS 27th day of October, 1998.
Ayes: Trustees Bartecki, Caleel, McInerney and Shumate
Nays: None
Absent: Trustee Kenny; Trustee Savino (Recused)
Abstain: None
APPROVED THIS 27th day of October, 1998.
Village President
• •
Ordinance 98-ZO-MA+R-EX1-G-6 2 5
Amending the Zoning Map
3824 York Road, Page 3
t` IO
\c'Vftge;C lerk N>-//
Approved as to Form:
illage Attorney
Published 10-28-98 Pamphlet form
Date Paper
Not Published
ORDINANCE 98-ZO-V-S-917
AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS
OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK
RELATIVE TO YARDS, GROUND SIGNS, FENCES AND LOADING BERTHS
(3824 York Road, Oak Brook, IL 60523)
WHEREAS, in 1972, in a case entitled Cities Service Oil Company v. Village of Oak Brook, 71-
1443-G, the Circuit Court found that the setback lines imposed by the Village on the property at 3824
York Road ("Subject Property") "in effect, prevent the use" of the Subject Property"by depriving the
owners of the major portion of the property on which to construct a building"; and
WHEREAS, the Circuit Court's decision was affirmed in Cities Service Oil Company v. Village of
Oak Brook, 15 III.App.3d 424, 304 N.E.2d 460 (2nd Dist., 1973) wherein the Appellate Court found that
the setback restrictions were "clearly unreasonable" and agreed with the Circuit Court that the Village's
Zoning Ordinance as applied to the setback requirements of both parcels comprising the Subject
Property was unconstitutional; and
WHEREAS, an application has been filed requesting setback and other variations for the Subject
Property; 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 April 7, 1998; and
WHEREAS, the said Zoning Board of Appeals made specific findings of fact and
recommendation for approval of the following variations:
1. A variation from the provisions of Section VIII(E)(4) to reduce
(a) the required front yard from 100 feet to 73 feet in width;
(b) the northerly required side yard from 60 feet to 40 feet in width;
(c) the southerly required side yard from 60 feet to 20 feet in width;
(d) the required rear yard from 60 feet to 15 feet in width;
2. A variation from the provisions of Section VIII(E)(5) to permit construction of one freestanding
ground sign on a lot less than three acres in area; said sign shall comply with the plans prepared by
R. A. Mifflin Assoc. Architects, dated as last revised on September 30, 1998, incorporated herein by
reference, including the symbol requirements of the Graue Mill Gateway Area;
3. A variation from the provisions of Section XI(D)(1)to provide relief from the location, size and
enclosure requirements for off-street loading berths,thereby allowing loading activities in the parking
lot and in a designated area adjacent to the trash enclosure; and
WHEREAS, following the hearing before the Zoning Board, the applicant revised its request for
the southerly required side yard from 20 feet in width to 23 feet in width; and
WHEREAS, the corporate authorities of the Village of Oak Brook have considered these
recommendations and findings and concur in the same since they are supported by the preponderance
of evidence in the record;
Rocca-Variations
Ordinance 98-ZO-V-S-917
Granting Variations to the Property
at 3824 York Road, Page 2
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 variations are hereby granted from the above provisions of the
Zoning Ordinance of the Village of Oak Brook as set forth in the preamble, including a 23-foot
wide southerly required side yard, subject to the conditions set forth in Section 3;
Section 3: That the variations are hereby granted subject to the following conditions:
(a) that the improvements to the Subject Property be in substantial conformity with the Site
Plan, prepared by R. A. Mifflin Assoc. Architects, as last revised September 30, 1998,
incorporated herein by reference ("the Site Plan");
(b) that a fence (not more than 42" high and not less than 50% open) be constructed along the
west lot line;
(c) that the variations herein granted shall automatically terminate and be of no force or effect
without further action by the Village Board in the event that the contract purchaser(Alan
Rocca) or nominee fails to take title to the Subject Property on or before January 31, 1999.
The foregoing conveyance date may be extended without public hearing by the President
and Board of Trustees upon a showing of necessity by the contract purchaser; and
(d) that the variations herein granted shall automatically terminate and be of no force or effect
without further action by the Village Board in the event that construction of the improvements
pursuant to the Site Plan has not been substantially completed by December 31, 2000. The
foregoing completion date may be extended without public hearing by the President and
Board of Trustees upon a showing of necessity by the property owner.
Section 4: That the variations herein granted pursuant to this ordinance are limited to the
property located at 3824 York Road, which property is legally described as:
Parcel 1: Lot 1 in J. Lynch's Assessment Resubdivision of part of Tract B, in J. Lynch
Second Plat of Survey (recorded February 11, 1954 as Document No. 707775), of part
of Lot 1 in Gmoser and Bluma's Plat of Survey(recorded June 18, 1949 as Document
No. 570094), in the South '/z of Section 36, Township 39 North, Range 11, East of the
Third Principal Meridian, according to the Plat of said J. Lynch's Assessment
Resubdivision recorded May 2, 1957 as Document No. 840938, in DuPage County, IL.
Permanent Parcel No. 06-36-308-014.
Parcel 2: That part of tract B, in J. Lynch Second Plat of Survey (Document No.
707775), a part of Lot 1, Gmoser and Bluma's Plat of Survey situated in that part of the
South '/z of Section 36, Township 39 North, Range 11, East of the Third Principal
Meridian, bounded and described as follows to wit: Commencing at the Southwest
corner of the Southeast 1//4 of Section 36, Township 39 North, Range 11, East of the
Third Principal Meridian;thence East along the South line of Section 36, a distance of
280.5 feet to a point in the center line of Spring Road as now platted and recorded;
thence Northwesterly along the center line of said Spring Road, a distance of 245.90 feet
to the point of beginning; thence still along said center line of Spring Road, a distance of
Ordinance 98-ZO-V-S-917
Granting Variations to the Property
at 3824 York Road, Page 3
85.0 feet to a point, thence South 62 degrees, 01 minute West, a distance of 175.0 feet
to a point, thence, South 27 degrees 59 minutes East, a distance of 60 feet to a point,
thence 70 degrees 09 minutes East, a distance of 176.78 feet to the point and point of
beginning, except that portion lying in Spring Road, dedicated for highway purposes, all
in DuPage County, Illinois. Permanent Parcel No. 06-36-308-013.
Section 5: That this ordinance shall be in full force and effect from and after passage and
approval pursuant to law.
PASSED THIS 27th day of October, 1998.
Ayes: Trustees Bartecki, Caleel, McInerney and Shumate
Nays: None
Absent: Trustee Kenny; Trustee Savino (Recused)
Abstain: None
APPROVED THIS 27th day of October, 1998.
Village Presidpff
f'j ATTEST: i
Village leak!:
Approved as to Form:
Village Attorney
Published
Date Paper
Not Published XX
Applicant: Alan Rocca
Address: 114 Canterbury Lane
Oak Brook, IL 60523
PIN: 06-36-308-013 and 06-36-308-014
ORDINANCE 98-ZO-SU-FP-EX1-S-916
AN ORDINANCE GRANTING A FLOOD PLAIN SPECIAL USE PERMIT
PURSUANT TO SECTION 10-34 OF THE CODE OF ORDINANCES OF
THE VILLAGE OF OAK BROOK, ILLINOIS
(3824 York Road, Oak Brook, IL 60523)
WHEREAS, the contract purchaser of certain property described herein has petitioned the
corporate authorities of the Village of Oak Brook, DuPage and Cook Counties, Illinois, for a Flood Plain
Special Use Permit under Section 10-34 of the Code of Ordinances of the Village of Oak Brook, relating
to flood plain and wetland regulations; and
WHEREAS, a public hearing on such petition has been conducted by the Zoning Board of
Appeals of the Village on April 7, 1998, pursuant to due and appropriate legal notice; and
WHEREAS, The Plan Commission of the Village of Oak Brook has submitted its
recommendation to the President and Board of Trustees; and
WHEREAS, both the Plan Commission and Zoning Board of Appeals have recommended
approval of the petition since the proposed use is consistent with the best use of the flood plain; and
WHEREAS, the proposed use satisfies the requirements of and is consistent with each of the
factors set forth in Section 10-34(c) of the Code of Ordinances of the Village of Oak Brook; and
WHEREAS, the corporate authorities of the Village of Oak Brook deem the passage of this
ordinance to be in the best interest and in furtherance of the general welfare of the Village of Oak Brook;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as
though fully set forth herein.
Section 2: Pursuant to Section 10-34 of the Code of Ordinances of the Village of Oak Brook,
Illinois, a Flood Plain Special Use Permit is hereby granted to allow occupancy and reconfiguration of the
flood plain, subject to the requirement for compensatory storage at a ratio of 1.5:1. Compensatory
storage shall be located in a dry basin at the north end of the property in substantial conformity with the
Site Plan prepared by Laser Consulting Engineers of Illinois, as last revised March 13, 1998, said
property being legally described as:
Parcel 1: Lot 1 in J. Lynch's Assessment Resubdivision of part of Tract B, in J. Lynch
Second Plat of Survey (recorded February 11, 1954 as Document No. 707775), of part
of Lot 1 in Gmoser and Bluma's Plat of Survey (recorded June 18, 1949 as Document
No. 570094), in the South '/2 of Section 36, Township 39 North, Range 11, East of the
Third Principal Meridian, according to the Plat of said J. Lynch's Assessment
Resubdivision recorded May 2, 1957 as Document No. 840938, in DuPage County, IL.
Permanent Parcel No. 06-36-308-014.
Rocca-FPSU
Ordinance 98-ZO-SU-FP-EXI-S-916
Granting a Flood Plain Special Use
Permit, 3824 York Road, Page 2
Parcel 2: That part of tract B, in J. Lynch Second Plat of Survey (Document No.
707775), a part of Lot 1, Gmoser and Bluma's Plat of Survey situated in that part of the
South '/ of Section 36, Township 39 North, Range 11, East of the Third Principal
Meridian, bounded and described as follows to wit: Commencing at the Southwest
corner of the Southeast 1//4 of Section 36, Township 39 North, Range 11, East of the
Third Principal Meridian; thence East along the South line of Section 36, a distance of
280.5 feet to a point in the center line of Spring Road as now platted and recorded;
thence Northwesterly along the center line of said Spring Road, a distance of 245.90 feet
to the point of beginning; thence still along said center line of Spring Road, a distance of
85.0 feet to a point, thence South 62 degrees, 01 minute West, a distance of 175.0 feet
to a point, thence, South 27 degrees 59 minutes East, a distance of 60 feet to a point,
thence 70 degrees 09 minutes
East, a distance of 176.78 feet to the point and point of beginning, except that portion
lying in Spring Road, dedicated for highway purposes, all in DuPage County, Illinois.
Permanent Parcel No. 06-36-308-013.
Section 3: That this special use permit is subject to the following conditions:
(1) That all applicable permits be obtained from the appropriate regulatory agencies and that
improvements constructed on the subject property be constructed in accordance with the
Building code and in accordance with the requirements for flood resistant construction as set
forth in Section 2102.0 of the BOCA National Building Code;
(2) That the property be developed and maintained in substantial conformity with the Site Plan
prepared by Laser Consulting Engineers of Illinois, as last revised October 26, 1998, the
landscaping plan and building elevation drawings as submitted, hereby incorporated by
reference;
(3) That the flood plain special use be subject to final engineering approval, including
requirements for proper maintenance of the stormwater management facilities;
(4) That the flood plain special use herein granted shall automatically expire without
further action by the Village Board in the event that the contract purchaser(Alan
Rocca) or nominee fails to take title to the Subject Property on or before January 31,
1999. The foregoing conveyance date may be extended without public hearing by
the President and Board of Trustees upon a showing of necessity by the contract
purchaser; and
(5) That the flood plain special use herein granted shall automatically terminate and be
of no force and effect without further action by the Village Board in the event that all
land modifications on the Subject Property have not been completed by December
31, 2000. The foregoing completion date may be extended without public hearing by
the President and Board of Trustees upon a showing of necessity by the property
owner.
Section 4: That this ordinance shall be in full force and effect from and after passage and
approval pursuant to law.
PASSED THIS 27th day of October, 1998.
Ordinance 98-ZO-SU-FP-EX1-S- 916
Granting a Flood Plain Special Use
Permit, 3824 York Road, Page 3
Ayes: Trustees Bartecki, Caleel, McInerney and Shumate
NayS: None
Absent: Trustee Kenny; Trustee Saving (Recused)
Abstain: None
APPROVED THIS 27th day of October, 1998.
Village President
�*
-ATTEST---
_ViI age.., lerkti
to Form:
Village Attorney
Published
Date Paper
Not Published XX
Applicant: Alan Rocca
Address: 114 Canterbury Lane
Oak Brook, IL 60523
PIN: 06-36-308-013 and 06-36-308-014
ORDINANCE 98-ZO-SU-S--15
AN ORDINANCE GRANTING A SPECIAL USE
FOR A DRIVE-IN BANKING FACILITY
(3824 York Road, Oak Brook, IL 60523)
WHEREAS, the contract purchaser of the property at 3824 York Road has applied to the Village
for a special use to permit construction of a drive-in banking facility; and
WHEREAS, the Plan Commission on March 16, 1998 recommended approval of the requested
special use subject to certain conditions; and
WHEREAS, a public hearing thereon was conducted by the Zoning Board of Appeals of the
Village of Oak Brook on April 7, 1998 pursuant to due and appropriate legal notice; and
WHEREAS, the Zoning Board of Appeals made its findings and unanimously recommended
approval of the requested Special Use subject to certain conditions; and
WHEREAS, the President and Board of Trustees have reviewed the recommendations of the
Zoning Board of Appeals and Plan Commission and deem the passage of this ordinance to be in the best
interest and in furtherance of the general welfare of the Village of Oak Brook, subject to the conditions set
forth below.
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 special use, pursuant to Section VIII(D)(2)(d) is granted to permit the
construction of a drive-in banking facility at the property commonly known as 3824 York Road and
legally described as follows:
Parcel 1: Lot 1 in J. Lynch's Assessment Resubdivision of part of Tract B, in J. Lynch
Second Plat of Survey (recorded February 11, 1954 as Document No. 707775), of part of
Lot 1 in Gmoser and Bluma's Plat of Survey (recorded June 18, 1949 as Document No.
570094), in the South %of Section 36, Township 39 North, Range 11, East of the Third
Principal Meridian, according to the Plat of said J. Lynch's Assessment Resubdivision
recorded May 2, 1957 as Document No. 840938, in DuPage County, IL. Permanent
Parcel No. 06-36-308-014.
Parcel 2: That part of tract B, in J. Lynch Second Plat of Survey (Document No. 707775),
a part of Lot 1, Gmoser and Bluma's Plat of Survey situated in that part of the South %of
Section 36, Township 39 North, Range 11, East of the Third Principal Meridian, bounded
and described as follows to wit: Commencing at the Southwest corner of the Southeast
1//4 of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian;
thence East along the South line of Section 36, a distance of 280.5 feet to a point in the
center line of Spring Road as now platted and recorded; thence Northwesterly along the
center line of said Spring Road, a distance of 245.90 feet to the point of beginning; thence
still along said center line of Spring Road, a distance of 85.0 feet to a point, thence South
62 degrees, 01 minute West, a distance of 175.0 feet to a point, thence, South 27
degrees 59 minutes East, a distance of 60 feet to a point, thence 70 degrees 09 minutes
Rocca-Special Use
Ordinance 98-ZO-SU-S-915
Granting a Special Use for a
Drive-In Banking Facility
3824 York Road, Page 2
East, a distance of 176.78 feet to the point and point of beginning, except that portion
lying in Spring Road, dedicated for highway purposes, all in DuPage County, Illinois.
Permanent Parcel No. 06-36-308-013.
Section 3: That the special use permit herein granted pursuant to Section 2 of this
ordinance is expressly subject to compliance with the following conditions:
A. That the drive-in banking facility be constructed substantially in conformance with the
Site Plan prepared by R.A. Mifflin Assoc. Architects, as last revised September 30,
1998, hereby incorporated by reference;
B. That the contract purchaser alleviate any traffic stacking problems should they
develop, as determined by the Village;
C. That the special use permit herein granted shall automatically lapse and expire at
such time as the use of the subject property ceases to include a banking facility;
D. That the special use permit herein granted shall automatically terminate and be of no
force and effect without further action by the Village Board in the event that the
contract purchaser(Alan Rocca)or nominee fails to take title to the Subject Property
on or before January 31, 1999. The foregoing conveyance date may be extended
without public hearing by the President and Board of Trustees upon a showing of
necessity by the contract purchaser; and
E. That the special use permit herein granted shall automatically terminate and be of no
force and effect without further action by the Village Board in the event that
construction of the drive-in banking facility has not been substantially completed by
December 31, 2000. The foregoing completion date may be extended without public
hearing by the President and Board of Trustees upon a showing of necessity by the
property owner.
Section 4: That this ordinance shall be in full force and effect from and after passage and
approval pursuant to law.
PASSED THIS 27th day of October, 1998.
Ayes: Trustees Bartecki, Caleel, McInerney and Shumate
Nays: None
Absent: Trustee Kenny; Trustee Savino (Recused)
Abstain: None
APPROVED THIS 27th day of October, 1998.
Villag resident
Ordinance 98-ZO-SU-S-915
Granting a Special Use for a
Drive-In Banking Facility
3824 York Road, Page 3
.�' •ATTEST: ~•�...:,.i
` laga
Approved as to Form:
I &a . )/&Z�)
Village Attorney
Published
Date Paper
Not Published XX
Applicant: Alan Rocca
Address: 114 Canterbury Lane
Oak Brook, IL 60523
PIN: 06-36-308-013 and
06-36-308-014
ORDINANCE 98-SD-DP+CA-EX2-S-914
ORDINANCE APPROVING DEVELOPMENT PLAN AND
AUTHORIZING ISSUANCE OF CERTIFICATE OF APPROPRIATENESS
(3824 York Road, Oak Brook, IL 60523)
WHEREAS, the contract purchaser of certain property described herein has petitioned the
corporate authorities of the Village of Oak Brook, DuPage and Cook Counties, Illinois, for a Certificate of
Appropriateness and provided the Village with a plan for a certain development in the Historic Graue Mill
Gateway Area (Rocca Development)under Section VIII-A of the Oak Brook Zoning Ordinance, Ordinance
G-60, as amended; and
WHEREAS, the public hearing on such petition has been conducted by the Plan Commission of
the Village on March 16, 1998, pursuant to due and appropriate legal notice; and
WHEREAS, after reviewing the Rocca Development Site Plan, the Plan Commission
recommended that said plan be approved and that a Certificate of Appropriateness be issued subject to
certain conditions; and
WHEREAS, the corporate authorities of the Village of Oak Brook deem the passage of this
ordinance to be in the best interest and in furtherance of the general welfare of the Village of Oak Brook;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES'OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as
though fully set forth herein.
Section 2: That subject to the conditions set forth below, the Rocca Site Plan is approved, as said
plan is appropriate to the development of the Historic Graue Mill Gateway area, is consistent with the
area's historic nature, and has been evaluated pursuant to the applicable standards set forth in Section
VIII-A(F) and (G) of the Oak Brook Zoning Ordinance, Ordinance G-60, as amended.
Section 3: That because the Rocca Site Plan meets the intent and purpose of the Historic Graue
Mill Gateway Area, a Certificate of Appropriateness is hereby issued, subject to the conditions set forth
below.
A. That all land modifications, landscaping and construction on the Subject Property be done in
substantial conformity with (1)the Site Plan prepared by R. A. Mifflin Assoc. Architects, as last
revised September 30, 1998, a copy of which is attached hereto, labeled Exhibit A, and made
a part hereof; and (2)the Elevations drawn by the same firm dated February 16, 1998, copies
of which are attached hereto, labeled Exhibit B (collectively, "the Plans");
B. That pursuant to Section VIII-A(G)of the Oak Brook Zoning Ordinance, Ordinance G-60, as
amended, in order to ensure an adequate and pleasant natural environment, a sum of money
equal to not less than five (5) percent of the total project construction cost, as set forth on the
approved building permits, shall be budgeted and used by the owners and developers to
purchase and install mature sized trees, shrubbery, grass and other suitable landscaping
upon the grounds, which budgeted amount shall be expended to comply with the provisions of
subsections (F)(4) and (F)(5)of Section VIII-A. The contract purchaser(developer) shall
furnish the Building Commissioner with paid bills to insure compliance with this condition;
Rocca-Cert.Of Approp.
Ordinance 98-SD-DP+CA-EX2-S-914
Approving the Rocca Development Plan
and Issuing Certificate of Appropriate-
ness, Page 2
C. That this Certificate of Appropriateness shall automatically terminate and be of no force and
effect without further action by the Village Board in the event that the contract purchaser(Alan
Rocca)or nominee fails to take title to the Subject Property on or before January 31, 1999.
The foregoing conveyance date may be extended without public hearing by the President and
Board of Trustees upon a showing of necessity by the contract purchaser; and
D. That this Certificate of Appropriateness shall automatically terminate and be of no force and
effect without further action by the Village Board in the event that construction of the
improvements pursuant to the Plans has not been substantially completed by December 31,
2000. The foregoing completion date may be extended by the President and Board of
Trustees upon a showing of necessity by the property owner.
Section 4: That the Certificate of Appropriateness herein issued pursuant to this ordinance is
limited to the property located at 3824 York Road,which property is legally described as:
Parcel 1: Lot 1 in J. Lynch's Assessment Resubdivision of part of Tract B, in J. Lynch
Second Plat of Survey (recorded February 11, 1954 as Document No. 707775), of part of
Lot 1 in Gmoser and Bluma's Plat of Survey (recorded June 18, 1949 as Document No.
570094), in the South %of Section 36, Township 39 North, Range 11, East of the Third
Principal Meridian, according to the Plat of said J. Lynch's Assessment Resubdivision
recorded May 2, 1957 as Document No. 840938, in DuPage County, IL. Permanent
Parcel No. 06-36-308-014.
Parcel 2: That part of tract B, in J. Lynch Second Plat of Survey(Document No. 707775),
a part of Lot 1, Gmoser and Bluma's Plat of Survey situated in that part of the SouthY2 of
Section 36, Township 39 North, Range 11, East of the Third Principal Meridian, bounded
and described as follows to wit: Commencing at the Southwest corner of the Southeast
1//4 of Section 36, Township 39 North, Range 11, East of the Third Principal Meridian;
thence East along the South line of Section 36, a distance of 280.5 feet to a point in the
center line of Spring Road as now platted and recorded; thence Northwesterly along the
center line of said Spring Road, a distance of 245.90 feet to the point of beginning; thence
still along said center line of Spring Road, a distance of 85.0 feet to a point, thence South
62 degrees, 01 minute West, a distance of 175.0 feet to a point, thence, South 27
degrees 59 minutes East, a distance of 60 feet to a point, thence 70 degrees 09 minutes
East, a distance of 176.78 feet to the point and point of beginning, except that portion
lying in Spring Road, dedicated for highway purposes, all in DuPage County, Illinois.
Permanent Parcel No. 06-36-308-013.
Section 5: That this ordinance shall be in full force and effect from and after passage and
approval pursuant to law.
Section 6: If any section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such determination shall not affect the validity of any remaining portion of this
ordinance.
PASSED THIS 27th day of October, 1998.
Ordinance 98-SD-DP+CA-EX2-S-914
Approving the Rocca Development Plan
and Issuing Certificate of Appropriate-
ness, Page 3
Ayes: Trustees Bartecki, Caleel, McInerney and Shumate
Nays: None
Absent: Tr„-tee Kenny- Triistee Savino (Rei is d)
Abstain: None
APPROVED THIS 27thday of October, 1998.
:` Village Presid t
' -ATTEST._ - r..}
W-)
-' rI
v'//
�4p{ao as to Form: �^
Village Attorney
Published
Date Paper
Not Published XX
Applicant: Alan Rocca
Address: 114 Canterbury Lane
Oak Brook, IL 60523
PIN: 06-36-308-013 and 06-36-308-014
•
MIDWESTERN UNIVERSITY
Chicago College of Osteopathic Medicine Chicago College of Pharmacy
College of Allied Health Professions
TAMARA C. SCHUSTER
Marketing Representative
555 31 st Street
Downers Grove,IL 60515 708/971-6096
4) DNB CONSTRUCTION COMPANY - PAYOUT#1 - 1998 1998 DRAINAGE
DRAINAGE PROJECT- $47.521.89: Approved Omnibus PROJECT
Vote.
E. REFERRALS: None.
F. AUTHORIZATION TO SEEK BIDS OR PROPOSALS: No
Business.
G. ACCEPT AND PLACE ON FILE - TREASURER'S REPORT OF TREASURER'S
SEPTEMBER, 1998: Approved Omnibus Vote. REPORT-SEPT. '98
H. APPROVAL OF AMENDMENT TO CONSTRUCTION ANIENTMONT TO
ENGINEERING SERVICES AGREEMENT FOR FEDERAL ENGINEERING
PARTICIPATION - PHASE III ENGINEERING - YORK ROAD SERVICES AGNT. -
BICYCLE/PEDESTRIAN TRAIL PROJECT: Approved Omnibus YORK ROAD BIKE
pp
Vote. TRAIL, PH-ASE III
6. ITEMS REMOVED FROM OMNIBUS AGENDA: None.
7. ACTIVE AGENDA (Items For Final Action):
A. APPOINTMENTS: No Business.
B. ORDINANCES & RESOLUTIONS:
Trustee Savino recused himself at 7:45 p.m. due to the business relationship lie has
had with Rocca jewelers.
Patrick Mauro, 38 Mockingbird Lane, addressed the Village Board,
for the record, as a resident and voting citizen that it is a mistake for
the Village to proceed with the approval of the Rocca project and that
the Forest Preserve District should be involved in the purchase of the
property. He further voiced his opposition to the drive-in facility for
the bank and that this concept is inappropriate for the area.
1) ORDINANCE 98-ZO-MA+R-EX 1-G-625 AN ORDINANCE ORD. 98-ZC-"A+R-
AMENDING THE ZONING MAP OF THE VILLAGE OF OAK E\1-G-625
BROOK (3824 YORK ROAD. OAK BROOK. IL 60523): AMENDING
ZONING "_'2
Discussed and direction given at the Regular meeting of October 13, (3824 York, Road)
1998. The ordinance rezones the northerly parcel of 3824 York Road
from R-3 to B-3. The southerly parcel at this address is already
zoned B-3. Note the third and fourth "WHEREAS" clauses regarding
VILLAGE OF OAK BROOK Minutes 3 of 11 October 27, 1998
Motion by Trustee Shumate, seconded by Trustee McInerney, to pass
Ordinance 98-SD-DP+CA-EX2-S-914, "An Ordinance Approving
Development Plan And Authorizing Issuance Of Certificate Of
Appropriateness (3824 York Road, Oak Brook, IL 60523)", as
presented and waive the full reading thereof. ROLL CALL VOTE:
Ayes: 4 - Trustees Bartecki, Caleel, McInerney and Shumate.
Nays: 0 - None.
Absent: 2 - Trustee Kenny; Trustee Savino (Recused). Motion
carried.
3) ORDINANCE 98-ZO-SU-S-915 AN ORDINANCE GRANTING ORD.98-Zo-SU-
A SPECIAL USE FOR A DRIVE-IN BANKING FACILITY S-915
(3824 YORK ROAD, OAK BROOK, IL 60523): GRANTING a
SPECIAL USE FOR
Discussed and direction given at the Regular meeting of October 13 A DRIVE-I`.
, A DRIVE-IN
F..CILITl
1998. The ordinance grants a Special Use subject to the conditions (3824 York Road)
set forth in Section 3, including the January 31, 1999 and December
31, 2000 sunset dates.
Motion by Trustee Bartecki, seconded by Trustee ivlcInerney, to pass
Ordinance 98-ZO-SU-S-915, "An Ordinance Granting A Special Use
For A Drive-In Banking Facility (3824 York Road, Oak Brook, IL
60523)", as presented and waive the full reading thereof. ROLL
CALL VOTE:
Ayes: 4 - Trustees Bartecki, Caleel, McInerney and Shumate.
Nays: 0 - None.
Absent: 2 - Trustee Kenny; Trustee Savino (Recused). Motion
carried.
4) ORDINANCE 98-ZO-SU-FP-S-916 AN ORDINANCE ORD.98-ZO-SU-FP-
GRANTING A FLOOD PLAIN SPECIAL USE PERMIT S-916
PURSUANT TO SECTION 10-34 OF THE CODE OF GRANTING A FLOOD
ORDINANCES OF THE VILLAGE OF OAK BROOK, PLAIN SP=7I�L
USE PER`fI-
ILLINOIS (3824 YORK ROAD, OAK BROOK. IL 60523): (3824 York Road)
Discussed and direction given at the Regular meeting of October 13,
1998. The ordinance grants a Flood Plain Special Use Permit subject
to the conditions set forth in Section 3, including the January 31,
1999 and December 31, 2000 sunset dates.
Motion by Trustee McInerney, seconded by Trustee Caleel, to pass
Ordinance 98-ZO-SU-FP-S-916, "An Ordinance Granting A Flood
Plain Special Use Permit Pursuant To Section 10-34 Of The Code Of
Ordinances Of The Village Of Oak Brook, Illinois (3824 York Road,
VILLAGE OF OAK BROOK Minutes 5 of 1 1 October 27, 1998
1�
I
ROCCA PETITION—3824 YORK ROAD
SUMMARY OF REQUESTED RELIEF
October 13, 1998
PETITION FOR: Zoning Map Amendment, Variations, Special Use, Historic Graue Mill Gateway
Area Certificate of Appropriateness and Flood Plain Special Use.
PETITIONER: Alan Rocca(contract purchaser of property)
OWNER: First National Bank of LaGrange as Trustee under Trust No. 1090; Frank C.,E.M. and
Frank E.Mitchell,Beneficiaries
The following recommendations from the Plan Commission and the Zoning Board of Appeals are before the
Village Board again this evening, pursuant to a motion to table which was approved on April 28 and
continued several times since that date(May 26,June 23, September 8, September 22). Over the intervening
period of time,certain amendments have been made to the petition, which will be noted.
The recommendations are the result of the Plan Commission meeting held on March 16 and the Zoning
Board of Appeals meeting held on April 7.
All recommendations are for approval of the requested zoning relief and were adopted by unanimous votes
of the recommending bodies,with one exception that will be noted.
The site is located at 3824 York Road and consists of two irregularly shaped contiguous parcels totaling
approximately 31,100 square feet (.714 acres) in area. The southerly parcel is zoned B-3 and the northerly
parcel is zonedR-3.
The Plan Commission and Zoning Board of Appeals have made the following recommendations, as
applicable. In each instance, the hearing bodies found that the standards applicable to each form of
relief sought were met.
Man Amendment: Rezone northerly parcel from R-3 to B-3, eliminating the split zoning. With respect to
the rezoning proposal, it should be noted that the Circuit Court has previously decreed that the Village's
Zoning Ordinance unconstitutional and void as applied to the current residential zoning of the northerly
parcel. The Court found that the general character of the neighborhood is business. That decision was later
affirmed by the Illinois Appellate Court.
Yard Variations: Approval of yard variations as follows:
Front: Reduce from 100' to 73'
North Side: Reduce from 60' to 40'
South Side: Reduce from 60' to 23' (modified from the original request of 20')
Rear: Reduce from 60' to 15'
With respect to the yard variations,it should be noted that strict application of the requirements of the Zoning
Ordinance to the property yields a site with no buildable area. The Circuit Court has also previously decreed
that the yard requirements of the Zoning Ordinance are unconstitutional and void as applied to this property.
That decision was also later affirmed by the Appellate Court. The Zoning Board of Appeals approved the
t
recommendation concerning the yard variations by a vote of S tot—the only vote that was not unanimous.
The dissenting member indicated that his objection was to the rear yard variation.
Sign Variation: Approval of a variation to permit a ground(freestanding)sign on a parcel smaller than three
(3) acres in area. The sign is to comply with the plans as submitted and with the symbol requirements of the
Graue Mill Gateway Area.
Loading Berth Variation: Approval of a variation from the requirement for a loading berth located at the
rear of the building and enclosed by an 8-foot high wall. The variation would alleviate this requirement and
allow loading activities to take place in the parking lot and in a designated area adjacent to the trash
enclosure (a minimal amount of such activity is anticipated). The variation would provide relief from the
length, location and enclosure requirements of the Zoning Ordinance.
Fence Variation: Approval of a variation to allow solid fences, six feet in height, along the north and west
property lines. This element has been withdrawn and the fence along the west side is no longer shown on
the site plan.
Special Use—Bank Drive-In: Approval of a special use for a bank drive-in facility subject to the condition
that the owner alleviate any traffic stacking problems, should they develop. (Banks are permitted uses in B-
3,but drive-through facilities are a special use).
Flood Plain Special Use: Approval of a Flood Plain Special Use under the terms of the stormwater
ordinance to allow occupancy and reconfiguration of the flood plain, subject to the requirement for
compensatory storage at a ratio of 1.5:1. The compensatory storage would be located in a dry basin at the
north end of the property. (Stormwater detention would be located in a piping system beneath the parking
lot.)
Historic Graue Mill Gateway Area Certificate of Appropriateness: Approval of the Certificate pursuant
to Section VIII-A of the Zoning Ordinance. The Certificate process concerns matters of site planning,
architectural design, signage and landscaping. It does not concern land use per se.
A revised site plan has been submitted which reflects a slight reduction in the floor area of the building
(about 250 square feet) resulting in a building of approximately 8,570 square feet (FAR = .276). The
site plan reflects the increase in the south side yard already mentioned, and no longer shows the bank
drive-through exiting onto the Glendale Avenue right-of-way. Thus, modification of the license
agreement that allows the property at 3900 York use of this right-of-way is no longer necessary.
If the Board concurs with the various recommendations of the Plan Commission and Zoning Board of
Appeals,it would be appropriate to so indicate by motion and to direct the Village Attorney to prepare
the necessary ordinances to implement the recommendations. In addition to the conditions attached to
certain of the recommendations,the staff recommends that the following conditions be incorporated in
the relevant ordinances:
1. That the property be developed and maintained in substantial conformity with the revised site
plan,a revised landscaping plan and building elevation drawings as submitted.
2. That the Flood Plain Special Use be subject to final engineering approval, including
requirements for proper maintenance of the stormwater management facilities.
some 90+years ago. President Bushy has been named to a small task force of
mayors and directors of the various Councils of Government that is charged
with crafting a response io the plan on behalf of the 260 municipalities in the
region. The results of that work will be shared with the Village Board at an
upcoming meeting.
9. UNFINISHED AND NEW BUSINESS (Final Action Not Anticipated):
A. RECOMMENDATION - ROCCA (3824 YORK ROAD) - ZONING ROCCA - ZONIVG
MAP AMENDMENT, VARIATIONS AND SPECIAL USE - MAP AMENDMENT,
HISTORIC GRAUE MILL GATEWAY AREA CERTIFICATE OF VARIATIONS 6
APPROPRIATENESS FLOOD PLAIN SPECIAL USE: SPECIAL USE -
HISTORIC GRAUE
MILL GATEWAY
Trustee Savino recused himself at 8:37 p.m. due to the business relationship he has AREA CERTIFICATE
had with Rocca jewelers. OF APPROPRIATE-
NESS FLOOD PLAIN
SPECIAL USE
The petitioner has submitted a revised site plan and letter amending (3824 York Road)
various elements of their proposal which accomplish the following:
1) The fence along the west lot line has been eliminated and the
variation request for fences along both the north and west lot lines
were withdrawn.
2) The access to and from the Glendale Avenue right-of-way has
been eliminated and thereby obviates any need for modification to
the right-of-way use agreement between the Village and the
owner of the property to the west (3900 York Road).
3) A modest reduction to the size of the building, approximately 250
square feet overall.
4) Tile setback to the south is now approximately 23 feet instead of
20 feet as shown on the original site plan and Rider A.
There has been considerable dialog regarding the possibility that the
property should be acquired by one of the local governmental
jurisdictions and Mr. Rocca has contacted the Village, the Oak Brook
Park District, and the DuPage County Forest Preserve District with
respect to this. To date, Director of Community Development Hawk
is not aware that any of these agencies is considering such a land
acquisition. In any case, if at any future time the acquisition of this
property is deemed necessary by one of these agencies, they all have
the ability to do so. In the meantime, the Village has this land use
proposal on the table which would resolve the long standing problem
with the condition and use of the property.
Vll.i_AGI 01' OAK BROOK Minutes 12 of 24 October 13, 1998
L�_
The Village has received several letters from citizens with their
comments on this proposal and all that were received by the close of
business on Thursday, October 8, 1998 have been included in the
Board's file. Any later arrivals will be copied and distributed at the
Village Board meeting of October 13, 1998.
President Bushy read in its entirety the following "Summary of
Requested Relief'regarding the Rocca petition for the property at
3824 York Road dated October 13, 1998:
PETITION FOR: Zoning Map Amendment, Variations, Special Use,
Historic Graue Mill Gateway Area Certificate of Appropriateness and
Flood Plain Special Use.
PETITIONER: Alan Rocca (contract purchaser of property).
OWNER: First National Bank of LaGrange as Trustee under Trust
No. 1090; Frank C., E.M. and Frank E. Mitchell, Beneficiaries.
The following recommendations from the Plan Commission and the
Zoning Board of Appeals are before the Village Board again this
evening, pursuant to a motion to table which was approved on April
2S, 199S and continued several times since that date (May 26, June
23, September 8, and September 22, 1998). Over the intervening
period of time, certain amendments have been made to the petition,
which will be noted.
The recommendations are the result of the Plan Commission meeting
held on March 16, 1998 and the Zoning Board of Appeals meeting
held on April 7, 199S.
All recommendations are for approval of the requested zoning relief
and were adopted by unanimous votes of the recommending bodies,
with one exception that will be noted.
The site is located at 3824 York Road and consists of two irregularly
shaped contiguous parcels totaling approximately 31,100 square feet
(.714 acres) in area. The southerly parcel is zoned B-3 and the
northerly parcel is zoned R-3.
The flan Commission and Zoning Board of Appeals have made the
IUllowing recommendations, as applicable. In each instance, the
hearing bodies found that the standards applicable to each form of
relie:l'sought were met.
\%II.I.AGI: OF OAK BROOK Minutes 13 of 24 October 13, 1998
Map Amendment: Rezone northerly parcel from R-3 to B-3,
eliminating the split zoning. With respect to the rezoning proposal, it
should be noted that the Circuit Court has previously decreed that the
Village's Zoning Ordinance is unconstitutional and void as applied to
the current residential zoning of the northerly parcel. The Court
found that the general character of the neighborhood is business.
That decision was later affirmed by the Illinois Appellate Court.
Yard Variations: Approval of yard variations as follows:
Front: Reduce from 100 feet to 73 feet;
North Side: Reduce from 60 feet to 40 feet;
South Side: Reduce from 60 feet to 23 feet (modified from the
original request of 20 feet); and
Rear: Reduce from 60 feet to 15 feet.
With respect to the yard variations, it should be noted that strict
application of the requirements of the Zoning Ordinance to the
property yields a site with no buildable area. The Circuit Court has
also previously decreed that the yard requirements of the Zoning
Ordinance are unconstitutional and void as applied to this property.
That decision was also later affirmed by the Appellate Court. The
Zoning Board of Appeals approved the recommendation concerning
the yard variations by a vote of 5 to 1 —the only vote that was not
unanimous. The dissenting member indicated that his objection was
to the rear yard variation.
Sign Variation: Approval of a variation to permit a ground
(freestanding) sign on a parcel smaller than three (3) acres in area.
The sign is to comply with the plans as submitted and with the
symbol requirements of the Graue Mill Gateway Area.
Loading Berth Variation: Approval of a variation from the
requirement for a loading berth located at the rear of the building and
enclosed by an 8-foot high wall. The variation would alleviate this
requirement and allow loading activities to take place in the parking
lot and in a designated area adjacent to the trash enclosure (a minimal
amount of SLIch activity is anticipated). The variation would provide
relief From the length, location and enclosure requirements of the
Zoning Ordinance.
Fence Variation: Approval of a variation to allow solid fences, six
(6') Icct in Height, along the north and west property lines. This
clement has been withdrawn and the fence along the west side is no
longer shown on the site plan.
VILLAGE OF OAK 131ZOOK Minutes 14 01 24 October 13, 1998
/(.
• •
Special Use—Bank Drive-In: Approval of a special use for a bank
drive-in facility subject to the condition that the owner alleviate any
traffic stacking problems, should they develop. (Banks are permitted
uses in B-3, but drive-through facilities are a special use).
Flood Plain Special Use: Approval of a Flood Plain Special Use
under the terms of the stormwater ordinance to allow occupancy and
reconfiguration of the flood plain, subject to the requirement for
compensatory storage at a ratio of 1.5:1. The compensatory storage
would be located in a dry basin at the north end of the property.
(Stormwater detention would be located in a piping system beneath
the parking lot.)
Historic Graue Mill Gateway Area Certificate of Appropriateness:
Approval of the Certificate pursuant to Section VIII-A of the Zoning
Ordinance. The Certificate process concerns matters of site planning,
architectural design, signage and landscaping. It does not concern
land use per se.
A revised site plan has been submitted which reflects a slight
reduction in the floor area of the building (about 250 square feet)
resulting in a building of approximately 8,570 square feet (FAR=
.276). The site plan reflects the increase in the south side yard
already mentioned, and no longer shows the bank drive-through
exiting onto the Glendale Avenue right-of-way. Thus, modification
of the license agreement that allows the property at 3900 York use of
this right-of-way is no longer necessary.
John Romanelli, representing the petitioner, commented on the issues
raised at the September 8, 1998 Village Board meeting. Mr. Rocca
contacted and did not receive any interest by the Oak Brook Park
District or the Forest Preserve District of DuPage County to purchase
the property at 3824 York Road. They have revised the drive-through
by altering the traffic circulation to enter and exit on York Road,
reduced the size of the building and moved the building an additional
five (5') feet from the Glendale property line. Glendale is a public
right-of-way, and they do have right of access. The property is
presently surrounded by three commercial entities. The Forest
Preserve District of DuPage County is negotiating with the Greco and
Bluhm families to purchase these properties for expanded Graue Mill
parking. The applicant has withdrawn a request for a fence and the
current homeowner has had the existing fence removed.
VILLAGE OF OAK BROOK Minutes 15 of 24 October 13, 1998
4
Bob Mifflin, Architect for the applicant, produced a model of the site
and explained the details of the project to the Village Board.
Jerry Miskovic, Engineer for the applicant, discussed the dry
detention basin which acts on the back flow of Salt Creek. The
detention pond is underneath the parking lot with pipes from the vault
discharging into a storm sewer on York Road.
Robert Fleck, Landscape Architect for the applicant, explained the
screening around the detention pond. The white pine trees were
planted by Dr. Orig and more screening is not available due to the
size of the pine trees that have expanded onto the applicant's
property.
Trustee Bartecki stated this is a difficult situation with an unbuildable
lot, but the Appellate Court has said it may be developed. The
applicant has taken steps to mitigate any potential problems. His
main concern is with Dr. Orig's property and noted that he had
previously purchased the home with the gas station next door.
Mr. Romanelli suggested, at the cost of the applicant, that they will
plant appropriate screening for Dr. Orig's property. Village Attorney
Martens stated they could enter into an agreement privately for this.
Mr. Romanelli further indicated that the applicant would be willing,
until the Forest Preserve District of DuPage County obtained the
properties for parking, to allow parking on Sundays provided they
would get indemnity and liability insurance to meet their needs.
Trustee Shumate suggested entering into an agreement with the
Forest Preserve.
President Bushy recessed the meeting at 9:28 p.m. The meeting convened at 9:42 p.m.
President Bushy asked for public comment on the proposed project.
The following persons spoke in favor of the applicant:
Bert McCafferty, 84 Briarwood Circle
John Weinberger, Continental Motors of Hinsdale
William Hipskind, 136 Briarwood Avenue
Gerry Schiele, 70 Briarwood Circle
Christopher Patras, 20 Regent Drive
Roberta Arquilla, One Pembroke Lane
Lisa Weinberger, 362 Trinity Lane
Dr. Samna Girgis, 506 Wennes Court
Joan Peterson, 129 St. Francis Circle
\11l.I.AGI-* OV OAK 13ROOK Minutes 16 of 24 October 13, 1998
The following persons spoke against the proposed project:
Robert Waite, 3609 Madison
Patricia Waite, 3609 Madison
Tanya Fernando, 3719 Spring Road
Don O'Neil, 1224 Birchwood Road, requested that the adjacent
homeowner should not be burdened by the applicant with the
necessity for a visual barrier.
Patrick Mauro, 38 Mockingbird Lane, stated the Village is acting too
hastily, as the Forest Preserve District of DuPage County is now
actively pursuing the Bluhm and Greco property for adjacent parking
of the Graue Mill area. He requested the Village contact the Forest
Preserve District of DuPage County and the Oak Brook Park District
for an official notice that neither of these entities are interested in this
property.
Emma Mitchell, beneficiary of the Trust, noted that she and owners
of the property wished to express their thanks to the Village Board for
its efforts. No one has ever contacted them from the Forest Preserve
District of DuPage County, Historical Society or the Oak Brook Park
District when a"for sale" sign has been posted on the location for
seven years.
Mr. Romanelli indicated Mr. Rocca had sent letters to the Forest
Preserve District of DuPage County and received a letter dated
September 4, 1998 from Janice Roehll, Land Acquisition Manager,
document 954 in the official file, that the Forest Preserve District was
not given authority to negotiate for this property.
Motion by Trustee Kenny, seconded by Trustee McInerney, to direct
the Village Attorney to draft the necessary ordinances to implement
the following recommendations:
Map Amendment to rezone the northerly parcel from R-3 to B-3;
Yard Variations to reduce the front yard from 100 feet to 73 feet;
Reduce the north side yard from 60 feet to 40 feet;
Reduce the south side yard from 60 feet to 23 feet; and
Reduce the rear yard from 60 feet to 15 feet;
Approval of a sign variation to permit a ground (freestanding) sign on
a parcel smaller than three (3) acres in area. The sign is to comply
with the plans as submitted and with the symbol requirements of the
Graue Mill Gateway Area;
VILLAGE OF OAK BROOK Minutes 17 of 24 October 13, 1998
Approval of a loading berth variation from the requirement for a
loading berth located at the rear of the building and enclosed by an 8-
foot high wall;
Approval of a special use for a bank drive-in facility subject to the
condition that the owner alleviate any traffic stacking problems,
should they develop;
Approval of a Flood Plain Special Use under the terns of the
stormwater ordinance to allow occupancy and reconfiguration of the
flood plain, subject to the requirement for compensatory storage at a
ratio of 1.5:1. The compensatory storage would be located in a dry
basin at the north end of the property. (Stormwater detention would
be located in a piping system beneath the parking lot.); and
Approval of the Historic Graue Mill Gateway Certificate of
Appropriateness pursuant to Section VIII-A of the Zoning Ordinance
subject to the following conditions:
that the property shall be developed and maintained in substantial
conformity with the revised site plan, revised landscaping plan, and
building elevation drawings as submitted; and
that the Flood Plain Special Use shall be subject to final engineering
approval, including requirements for proper maintenance of the
stormwater management facilities
to be brought to the Village Board for action at the October 27, 1998
regularly scheduled meeting.
Trustee Shumate asked that the fence variation be reinstated on the
petition for the northwest side of the property as privacy for Dr. Orig.
Trustee Bartecki suggested that the fence would need to meet Village
code of a 42-inch, 50 percent open fence.
Mr. Romanelli, for the record, stated the applicant would install a 42-
inch chain-link fence on the west side of the property.
Motion by Trustee Kenny, seconded by Trustee McInerney, to amend
the motion to include a 42-inch fence that conforms to the ordinance
requirement of 50 percent open on the west side of the property.
VILLAGE OF OAK BROOK Minutes 18 of 24 October 13, 1998
`l
VOICE VOTE: Motion carried.
Trustee Savino returned to the meeting at 10:54 p.m.
B. RECOMMENDATION - BLISTEX, INC. (1800 SWIFT DRIVE) - BLISTEx, INC. —
PLAT OF CONSOLIDATION AND PLAT OF VACATION: PLAT OF
CONSOLIDATION &
In this petition, Blistex, Inc., 1800 Swift Drive is seeking Plat PLAT OF
approval for the consolidation of two lots into a single lot. The two VACATION(1800 swift Driv
lots are:
1) Lot 1 in the Osbrook Resubdivision - Common address - 1800
Swift Road. This lot is improved with an office and
manufacturing facility.
2) Lot 2 in the Osbrook Resubdivision - Is the vacant lot
immediately to the west of Lot 1. This lot previously was part of
the American Stores properties and in their 1974 expansion plan
was to be used for parking. This plan was never implemented.
Consolidation of the two lots into a single lot will permit elimination
of the utility easements along their common lot line and allow the
construction of a building addition and additional parking.
During the review, three issues were raised as follows:
1) Ms. Heidi Lawton, 912 Burr Oak Court, raised questions
regarding the security of her property and also the landscaping
buffer that the vacant lot has provided her and her neighbors in
the past. Blistex has stated that they are committed to continue to
be a good neighbor and will work with Ms. Lawton to provide for
her security concerns. With respect to the landscaping issue, they
will be required to provide a landscape screen along the parking
area and the 40-foot parking setback will be landscaped in an
attractive manner.
2) Lot 1, the east lot along Swift Drive, was granted a variation in
1974 that established the front yard setback line to run north and
south in a straight line as if the cul-de-sac did not exist. The basis
for this was the fact that the entire cul-de-sac and street dedication
was being taken from this property. The development of the
property by Blistex in the late 1970's was done on the basis of
this variation and nothing has changed that would make this
variation inappropriate at this time.
VILLAGE OF OAK BROOK Minutes 19 of 24 October 13, 1998
TO: Village of Oak Brook FROM: Joseph Panzorino
1200 Oak Brook Road 2919 38th Street
Oak Brook, IL 60523 Oak Brook, IL 60523
DATE: October 7, 1998 RE: York Road Property
0 C T 14 i:l
VILLAGE OF OAK BROOK, IL.
ADMINISTRATION
It seems really simple to me! ! There is a hideous,
abandoned gas station sitting on York Road at the
gateway to the Oak Brook community. An entrepreneur
has come forward with a beautiful plan to take the place
of that horrid eyesore. What could be more simple?
I implore the Village of Oak Brook to follow the best
path for the entire village--the Plan Commission and
Zoning Board of Appeals both agree that Mr. Rocca's
lovely building would be a wonderful substitution for the
current horror that sits there now. Please approve the
Rocca plan and allow our community to move forward!
0
STEVE AND ELAINE PAPPAS
7 1 9 FOREST GLEN LANE
OAK BROOK, ILLINOIS 60523
jU
October 6, 1998
Oak Brook Village Trustees
Village of Oak Brook
Oak Brook, Illinois 60523
To whom It may concern:
As long time residents of Oak Brook, we feel It Is our duty to
write ,you and encourage you to vote yes for Mr. Roeea's plan
to redevelop the abandoned gas station on York Road. For
,years, we wondered why the Village allowed that site to
remain as It has, ugly and inexcusable. It seems as If a simple
solution to the problem has presented itself. Both the Zoning
Board of Appeals and the Plan Commission agree that the new
building would be a desirable replacement for that. awful gas
station-we think you should vote yes and allow the plan to be
carried out.
We are proud to live in Oak Brook, a community of beauty and
grace. The abandoned gas station Is a negative which
contributes nothing to our village. The Rocca building Is not
only attractive to the eye, bait was designed with great care to
perfectly fit In with the rest of Oak Brook. Please listen to
the voices of .your constituents and allow Mr. Rocca to change
this negative Into a positive thing of heauty.
Truly Yours,
DATE: October 8, 1998
TO: Village of Oak Brook 1 ! 4 —
Village
, . _
Village Trustees
FROM: Jim & Gigi Psyhogios _!
236 Wood Glen Lane
Oak Brook, IL 60523
My name is Jim Psyhogios, and my wife and I reside in Oak Brook with our
children at the above address. The reason for our letter is to show our total
support of the Proposed development of the York Road property by Mr. Rocco.
We hove been following the Progress of the development through the local
papers and the taped broadcast of the Village meetings. We do believe that
the Plan Commission members and the Zoning Board members are also in
support of Mr. Rocco's plan as indicated by their unanimous approval and
recommendation of this project.
The architectural design and detail of Mr. Rocco's building is beautiful! In fact,
the building has a residential and historic look rather than a sterile gloss and
brick office building facade.
Please vote yes and hope that Mr. Rocco will soon knock down that old gas
station building!
Sincerely,
1
s
40
e 'e
G H
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK , ILLINOIS 60523- 2255
PHONE: 630 990-3000
FAX: 630 990-0876
MEMO
October 8, 1998
TO: President Bushy and Board of Trustees
FROM: Tom Hawk, Director of Community Development
SUBJECT: Rocca - 3824 York Road -Zoning Map Amendment -Variations - Special Use
Historic Graue Mill Gateway Area Certificate of Appropriateness - Flood Plain
Special Use
Due to the number of additional documents that have been submitted since your initial review of
this proposal on April 28, 1998, 1 am writing this memorandum to assist you in getting up to
date with the petition file as it now stands.
For an overview of the entire proposal you may find it helpful to review the application Rider A
(page A-1 of the petition file) and my memorandum on March 11, 1998 and April 22, 1998
(pages 11-11d and 29-29c of this file respectively).
The petitioner has submitted a revised site plan and letter amending various elements of their
proposal which accomplish the following:
1. The fence along the west lot line has been eliminated and the variation request for
fences along both the north and west lot lines were withdrawn.
2. The access to and from the Glendale Avenue right of way has been eliminated and
thereby obviates any need for modification to the right,of way use agreement
between the Village and the owner of the property to the west (3900 York Road).
3. A modest reduction to the size of the building, approximately 250 square feet overall.
4. The setback to the south is now approximately 23 feet instead of 20 feet as shown
on the original site plan and Rider A.
There has been considerable dialog regarding the possibility that the property should be
acquired by one of the local governmental jurisdictions and Mr. Rocca has contacted the
Village, the Park District, and the DuPage County Forest Preserve District with respect to this.
To date, I am not aware that any of these agencies is considering such a land acquisition. In
October 8, 1998
President Bushy and Board of Trustees
RE: Rocca - 3824 York Road
Page 2
any case, if at any future time the acquisition of this property is deemed necessary by one of
these agencies, they all have the ability to do so. In the meantime, the Village has this land use
proposal on the table which would resolve the long standing problem with the condition and use
of the property.
We have received several letters from citizens with their comments on this proposal and all that
were received by the close of business on Thursday, October 8,1998 have been included in
your file. Any later arrivals will be copied and distributed at Tuesday's meeting.
If it is your wish to proceed toward approval of this proposal it would be appropriate to
pass a voice motion authorizing Attorney Martens to draft the necessary documents
(ordinances, agreements, etc.) to be brought back to you for action at your October 27,
1998 meeting.
Conditional Elements:
The following conditional elements should be included in any approval of this proposal:
1. The property shall be developed in substantial accordance with the Site Plan,
Landscape Plan, and Elevation Plan as submitted.
2. The Flood Plain Special Use shall be subject to final engineering approval and
include requirements for maintenance of the stormwater management
facilities.
TRH/gp
cc: Petition files
BOT-Rocca REC.doc
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LORD, BISSELL & BROOK
116 SOUTH LA SALLE STREET
CHICAGO, ILLINOIS 60603 LGS AAGiLr.*.Orr cc
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October 7 1998 NEMC YONK OFSICC
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Village of Oak Brook °"''°'4
FACSIMILE OISt4lE6.CF6O
1200 flak Brook Road
Oak Brook, 111inois 60523
Attn: Thomas Hawk
Director of Community Development
Re: Petition Application of Alan Rocca re: Property at 3924 York Read
Dear'Ibm:
This letter will outline Mr. Rocca's revisions for his Petition Application turd the
rationale therefore.
Mr. Rocca has filed a revised Site Plan dated September 30, 1998 which contains the
Following changes:
Elimination of a fence along the west site of the suriect property. The revised
Landscape Plan shows landscaping in place of the fence. The existing;fence has been removed.
Requested Variations C-3 and C-4 are eliminated.
2. Elimination of the planted driveway connecting the plannod bank drive-in to
Glendale Avenue. The requested Special Use Pem-,it:s eliminated.
3. Reduction of the size,of the planned building by five feet along its south side
which incream the minimum depth of the south yard from 201eet to 25 fee:.
4. Amendment of front yard Variation B-1 to-educe it to 74 feet.
With regard to the minitnum setbacks set forth in the Oak Brodk Zoning;Ordinance, it
should he kept in mind that the trial court in Cities Service Oil Company v. Village of Oak h'rook,
No. 71.1443-G {judgment cntcrcx12115n2)ordered,adjudged and decreed that the Zoning
Ordinance of the Village of Oak Brook"is hereby declared to be unconstitutional and void as it
applies to Parcel lel and as it applies to the front yard,rear yard and side yard requirements of
both Parcels#1 and 42." The Illinois Appollaw Court affirmed the decision of Ine trial court.
LORD, BISSELL 6 BROOK
Village of Oak- Farouk
October 7, 1998
Page 2
Please let me know if you have ary questions.
Sincerely,
LOR . SL'LL& BROOK
David .M. Gooder
DMMG/ss
/A Pat 4d 4a4wd4f
OaA B4oa4 9Xrs w- 60523
OCT - 81S,23
October 7, 1998
Village of Oak Brook
Trustees
1200 Oak Brook Road
Oak Brook, Illinois 60523
Dear President Bushy and�the Board of Trustees:
We debated whether br not to send a letter to you and the Trustees because
we thought it would be quite obvious to approve the Rocca plan for the York
Road property as recommended by both the Plan Commission and Zoning
Board of Appeals.
However, when we heard that some members of the Board might not agree
with the Commission's recommendation, we thought that we would write to
show our total support. As residents of this fine community, we're concerned
that we could miss an opportunity such as this..
Once again, we would like to express our sincere hope that you approve
the Rocca plan!
Truly Yours,
41
S •moi` '{5ii..
U
ve
October 5, 1998
To: The Village of Oak brook Trustees
From: Mr. & Mrs. Lewis borsellino
2925 38th Street
Oak brook, IL 60523
Both my husband and I decided it was time to take a stand and be heard,,,,
we were excited and enthused about the prospect of the abandoned gas
station on York Road being replaced by a building Oak brook could be
proud of,,®thean we were trfrrnbly disappointed to bear the plan had not yet
been approved! Thus, we are writing to voice our displeasure of the status
of Mr. Rocca's woanderfunl plan.
York Road is a heavily traveled path taken by both Oak brook residents
as well as those just passing through. How could we have allowed that
awful gas station to greet passersby for so long? Now an opportunity Inas
arisen to rectify the situation. Note yes and allow I1'1Ir. Rocca to complete
his plan, getting rid of Oak brook's eyesore and transforming it into one
of Oak brook's many treasures!
Sincerely,
Vc
�w,cc�te
69
0&e%" 60523
October 8, 1998
Oak Brook Village Board
Karen Bushy, President
Oak Brook, Illinois 60523
Dear Madam President:
I reside with my wife Rita at the above captioned address. It is my
understanding that the Board of Trustees will be voting on the Rocca
Proposal for York Road on October 13, 1998. Although I will be
unable to physically attend the meeting, I would encourage the Board
to approve this plan, any needed variances, and/or even create a T.I.F.
if needed.
This property has been for sale for five years, and after all this time
we finally have a solution to this abandoned site. I am sure that the
Plan Commission and the Zoning Board of Appeals spent many hours
of hearing testimony and investigation before voting in favor of this
project. Please approve of the Plan Commission and Zoning Board of
Appeals' recommendation.
4re ,
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Samuel Libert, M.D.
1401 Hawthorne Lane
Hinsdale, Illinois 60521 -- -
j �
September 30, 1998 --- - - .
Karen Bushy
Village President
Village of Oak Brook
Oak Brook, IL 60523
Dear President Bushy and Village Trustees:
I live in close proximity to the property at 3824 York Road on which Mr. Rocca is proposing to
develop his jewelry store and a bank facility. I usually drive past the gas station on an average of
six times per day. Although I currently reside on the Hinsdale side of the street, I am a property
owner in Oak Brook. I have been a resident of Oak Brook for 10 years.
The reason for my letter is to urge and encourage you and your Trustees to allow this
development plan. Having to drive past this parcel on a regular basis prompted me to attend
your Plan Commission and Zoning Board meetings. It seemed to me that Mr. Rocca's proposal
offers your village a very reasonable alternative for the development or re-development of an
unsightly. abandoned gas station.
It was my distinct impression that the majority of the Zoning Board, Plan Commission and the
majority of people in the audience were in agreement with this project. The presentation was
clear and incisive giving the details of size, setbacks, needed variances, and architectural style.
The existing condition of the site is really an embarrassment to our fine community.
Sincerely,
Samuel A. Libert
cc: Board of Trustees
I4"-t"e _ *A �
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Magnetrol
5300 Belmont Road
Downers Grove,IL 60515-4499
63 -969-4000
magmtlbr Fax 630-969-9489
October 2, 1998
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523
Dear Village Officials:
As a resident of Oak Brook, I have been following the reports of the potential
development of the old Citgo gas station property on York Road.
Since I am a long time customer of Alan Rocca, Ltd. in Lombard, I would like to express
to the Village Officials involved in this project, what a compliment Mr. Rocca's business
would be to the area and its residents. From an aesthetic standpoint, it would certainly be
a big improvement over the existing property.
I know I speak for many of�my family members, friends, neighbors and business
associates when I say that we would like nothing more than to have Mr. Rocca's business
located in our own backyard. We hope you can realize the benefit his proposal will be to
our community; and, that you will expedite the approval process.
Sincerely,
MAGNE ROL INTERNATIONAL
Judy G. Stevenson
President
JGS:Iah
isle
D——`
m.- VM
Worldwide level and flow solutions
a YMAI _raw
Oak Olv4, ✓'Mwt�, 60623
October 2, 1998
OCT - 5 '�
Ms. Karen Bushy, President
Village of Oak Brook
1200 Oak Brook Road ---�
Oak Brook,Illinois 60523
Dear Karen:
I am writing today in regards to the on-going proposal to improve the
Citgo gas station at the intersection of York and Spring Roads.
As a long time resident of Oak Brook, I have watched the
opportunities for revitalizing that parcel come and go over the past
fifteen yeprs. It seems none of them have materialized. You currently
have befdre you another opportunity to demolish the existing building,
and develop that property with a building that befits the dignity that
our village has come to expect. I wish to express my complete support
for Mr. Rocca's viable plan to construct an exceptionally beautiful
building to house his jewelry store,abank and other professional
offices.
Now that it has been reported that there are no other private or public
parties interested in the property, I would like to express my sincere
hope that you,our village representatives, approve Mr. Rocca's
request so that he can expeditiously turn his proposal into a reality.
The transformation of this current eye sore into an elegant and
functional addition to our community is long overdue.
Sincerely yours,
TRortaA.Arquilla
Pte.
ssv
N.S.R. REDDY, M.D. & ASSOCIATES, S.C.
Anatomic&Clinical Pathology Services
2 Pembroke Lane N.S.R. Reddy,M.D.,President
Oak Brook,IL 60523 Malli R.Anne,M.D.
630-655-0151 _ Azra S. Haque, M.D.
312-633-5815 V. G. Guzman,M.D.
Fax 312-633-5830 Board Certified Pathologists
NSRREDDY@COMAOL
October 2, 1998
Karen Bushy
Village President
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523
Dear President Bushy and Village Trustees:
I am writing in regards to Alan Rocca's reported proposal to house his fine jewelry store on the York and
Spring Roads property that he plans tq develop with a drive-through bank and office building. What a great
combination of professional, prominent businesses to reflect our fine community at it's Gateway.
As a customer of Alan Rocca, Ltd. in Lombard, I would like to express to the Board how much of a benefit
it would be to approve the building Mr. Rocca has proposed, not to mention what a convenience. I speak
for many of Mr. Rocca's customer's who live in Oak Brook- and there are a lot of us,that Alan's hands-on,
honest approach to running his jewelry business has earned him a fine reputation that should be welcomed
into our community.
As a resident of Oak Brook, I am truly excited at the thought of seeing the beautiful building being
proposed, instead of the abandoned gas station. Our support is fully behind this proposal.
Sincerely,
4-
Dr. and Mrs. Sam Reddy
104-00 T-
V
1 ._ r • i -
September 25, 1998 _ c
Karen Bushy l
Village President
Village of Oak Brook - -
Oak Brook, EL 60523
Dear President Bushy and Village Trustees:
I am writing in regards to the recent proposal presented to the Village by Mr. Alan Rocca
to purchase and build on the property at York and Spring Roads.
As residents of Oak Brook, my family, friends, and myself have been customers of the
Rocca's for three generations. I commend Mr. Rocca for pursuing his goal to build the
beautiful building which he proposes to house his jewelry store. This building would be a
fine addition to our community.
Our full support is behind Mr. Rocca and we urge the Trustees to grant approval of the
variances needed to expedite this outstanding proposal.
Sinpefely,
Mr. & Mrs. Albert Giusfredi
16 Natoma Drive
Oak Brook, IL 60523
• OF 0 •
6E A,t
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK , ILLINOIS 60523- 2255
PHONE: 630 990.3000
FAX: 630 990-0876
MEMORANDUM
DATE: September 15, 1998
TO: Village President and Board of Trustees
SUBJECT: Rocca Petition—3824 York Road
RECOMMENDATION: That the Village Board table consideration of this petition to
the regular meeting scheduled for October 13, 1998.
The petitioner in this matter has requested that consideration of the petition be postponed once
again. As I understand it, this latest request results from an illness in the family of the architect
which has made it impossible for the petitioner to be prepared with updated plans and additional
materials for consideration by the Board.
In addition, the petitioner notes that the Forest Preserve District of DuPage County did not confirm
its intentions to him until September 4, when he received a letter stating that the Forest Preserve
District staff has not been authorized to negotiate for the purchase of the subject property. One of
the reasons for the previous postponement was to allow time for the Forest Preserve District to
determine whether or not it is interested in acquiring the property.
There appears to be no reason why this request should not be granted and I recommend accordingly.
Stephen B. Veitch
Village Manager
/sv
Attachments
cc: Thomas R. Hawk,Director of Community Development
Alan Rocca
114 Canterberry
Oak Brook, Illinois 60523
September 15, 1998
Mr. Stephen Veitch
Village Manager
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
Re: 3824 York Road
Dear Mr. Veitch,
Although it was my sincere intention to appear at the September 22, 1998 meeting of the Village
Trustees, I regret that I will not be prepared to do so.
An immediate family member of my architect needed major emergency surgery which in fact caused
my unforeseen delay.
I would hope that the Board of Trustees would grant me an extension to the next scheduled meeting
to be held on October 13, 1998.
Additionally, it was reported in the Hinsdale Doings that the Forest Preserve District officials decided
on July 21, 1998, against purchasing the property.
On September 4, 1998 I received the enclosed letter from Janice Roehll (Land Acquisition Manger,
Forest Preserve District of DuPage County) stating that the Forest Preserve staff has not been given
the authority to negotiate for the property.
Sincerely,
Alan Rocca
APR/ssk
pc: Thomas R. Hawk, Director of Community Development, Oak Brook, Illinois
enclosure
AOI") � PHONE NO. • Sep. 14 1998 10:09AM P3
SEP-04-iM N12+35 P.80?/002
10
U.S.MAIL FAX
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ie 09
9eptemb.r 4, 1993 .
e
crest Mr. wan Roods
Alan Roots Ud,
reserve 735&A Rooae dt Road
Lombard, Iilimis 60148 .
istrfct of
Re; Gurus Mill 0xieway Parcel 02-9
UPt" Dea Mr. Rocca:
runty As you requested,I Woo&your requM for a letter statinS our intention
regarding the prop"that you have a contract on to the LsW Aaquididon
Committee. At flus time, the Forst Preserve District INS has not been given
the authority w noWiste fbr the property,ftt you have a toms&&on, ext the
in wwation of York and Spring Roads.
im"AMW If you should have any fwther quant, please call me Int(630)942-610:.
Wo Or,It 10137
P.O.boat tai Sinocrely yours,
Ow stye,K
totgtgao
FAX d$Mtn Jaace itoehll .
Ma
Land Aa
foo 1�lOO�d81*0tb7 quieitiott nagK
Cc: Soon!Day
°i �or, Dal Maio, Chairman
Coamiaioser Clow►
wwl Comnaissimer Stone
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water because the rainfall was south of the Quarry. Other golf figures are:
Greens Fees, up $71,840; Cart Fees, up $31,923; Driving Range Fees, up
$9,001; Lounge Sales, up$19,102; and Pro Shop Sales, up $5,620.
Senior staff members-of the Emergency Management Team meet once a month
and hold table top emergency management exercises. In the last several
months, staff has been focused on the Y2K problem to ensure that the Village's
computers are Y2K compatible, and the vendors that serve the Village are also
Y2K compatible. President Bushy indicated that an article from the Chicago
SUN-TIMES of September 5, 1998 noted that the Office of Management and
Budget(OMB) stated seven of the government's largest agencies aren't
making adequate progress and will miss President Clinton's deadline to have
their most-important computers fixed by March, 1999, unless they improve.
The State Department has fallen further behind in the past three months and
now"faces a significant challenge in managing its extensive Y2K project", the
OMB report said. The other agencies lagging are Defense, Education, Energy,
Health and Human Services, Transportation and the Agency for International
Development. The Village is concerned about the public safety of our
residents when this event occurs. Contingency plans are being considered in
the event additional or enhanced village services are required.
Trustee McInerney noted that embedded chips have been placed in computer
items within a household, such as a thermostat, an alarm system or a personal
compute, which need to be updated for Y2K compatibility.
9. UNFINISHED AND NEW BUSINESS (Final Action Not Anticipated):
B. RECOMMENDATION - ROCCA(3824 YORK ROAD) - ZONING ROCCA - ZONING
MAP AMENDMENT, VARIATIONS, AND SPECIAL USE - MAP AMENDMENT,
HISTORIC GRAUE MILL GATEWAY AREA CERTIFICATE OF VARIATIONS, AND
APPROPRIATENESS FLOOD PLAIN SPECIAL USE: SPECIAL USE -
HISTORIC GRAUE
MILL GATEWAY AREA.
Letter dated August 14, 1998 from Mr. Alan Rocca requests that this CERTIFICATE OF
petition be continued to the September 22, 1998 Village Board APPROPRIATENESS
meeting. FLOOD PLAIN
SPECIAL USE
Motion by Trustee McInerney, seconded by Trustee Bartecki, to grant (3824 York Road)
the request of the petitioner, Mr. Alan Rocca, and continue this item
to the Village Board meeting of September 22, 1998. VOICE VOTE:
Motion carried.
VILLAGE OF OAK BROOK Minutes 7 of 23 September 8, 1998
63.
• OAF 0 •
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6
�FCOUNT`I
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK , ILLINOIS 60523-2255
PHONE: 630 990-3000
FAX: 630 990-0876
MEMO
September 2, 1998
TO: President Bushy and Board of Trustees
FROM: Tom Hawk, Director of Community Developmen
SUBJECT: Rocca- 3824 York Road
Zoning Map Amendment-Variations-Special Use- Historic Graue Mill
Gateway Area Certificate of Appropriateness- Flood Plain Special Use
Based on the anticipation that your consideration of the Rocca proposal will be continued until your
September 22, 1998 meeting, we are not providing you with the petition files at this time.
We will of course, continue to update these files as necessary and will provide them to you for the
September 22, 1998 meeting.
TRH/gp
cc: Petition files
BOT-Rocca upddate.doc _
s�.
• YORK UROLOGIC ASSOC. •
JOEL CORNFIELD, M.D. JOHN KRITSAS, M.D.
SAMUEL KRENGEL, M.D.
950 North York Road,Suite 208
Hinsdale, Illinois 60521
(630) 887-0580
September 1, 1998
RECEIVED
Karen Bushy, President
Village of Oak Brook SEP 4
1200 Oak Brook Road
Oak Brook, Illinois 60523
VILLAGE OF OAK F3Rr_,�,3K
PLANNING/7.ON!t,G
Dear President Bushy:
My practice has occupied commercial offices at 950 North York, next
to the abandoned gas station, since approximately December, 1991 .
It is our understanding that there is, before the Board of
Trustees, a proposal to approve a two-story office retail building
of approximately 8, 000 square feet .
Although we do not reside in the Village of Oak Brook, as you can
imagine, the proximity to this abandoned gas station has caused us
some concern over the years and we would wholehearte recommend
approving any development of this land as an improve- over the
eyesore that has been for at least theee, ,
e a
Sincerel
Joel Cor . ,.
Samuel Krengel, M.D.
John Kritsas, M.D.
JC/vh-75578
�/i
licenses and the language of Section 3-52 regarding outdoor sales of
alcoholic liquor. ROLL CALL VOTE:
Ayes: 4 - Trustees Bartecki, Caleel, Kenny and McInerney.
Nays: 0 - None.
Absent: 2 - Trustees Savino and Shumate. Motion carried.
President Bushy requested the Board of Trustees to consider discussion of Agenda
Item 9.A., RECOMMENDATION- YORK ROAD PROPERTIES, L.L.C. THE
JOHN BUCK COMPANY(2001, 2100 AND 2122 YORK ROAD) - TEXT
AMENDMENT TO ESTABLISH AN 0-4 OFFICE DISTRICT AND MAP
AMENDMENT TO REZONE FROM ORA-1 TO 0-4. She noted that if anyone in
the audience was in attendance of this meeting for this agenda item, that the John Buck
Company has requested the continuance of their petition to the September 8, 1998
Village Board meeting.
9.A. RECOMMENDATION -YORK ROAD PROPERTIES. L.L.C. THE YORK ROAD
JOHN BUCK COMPANY(2001. 2100 AND 2122 YORK ROAM - PROPERTIES, L.L.C
TEXT AMENDMENT TO ESTABLISH AN 0-4 OFFICE THE JOHN BUCK
DISTRICT AND MAP AMENDMENT TO REZONE FROM ORA-1 COMPANY-TEXT
TQ 0 4: AMENDMENT TO
ESTABLISH AN 0-4
OFFICE DISTRICT S
Motion by Trustee McInerney, seconded by Trustee Bartecki, to grant MAP AMENDMENT TO
the request of the petitioner and continue this item to the Village REZONE FROM ORA-1
Board meeting of September 8, 1998. VOICE VOTE: Motion TO 0-4 (2001, 210
carried. 2122 York Road)
resident Bushy read a letter dated August 14, 1998 from Mr. Alan Rocca asking that
his petition be continued to the September 22, 1998 Village Board meeting, as it had
been scheduled for the September 8, 1998 Village Board meeting.
7.13.2) ORDINANCE 98-EL-REF-S-911 AN ORDINANCE CALLING; ORD. 98-EL-REF-
FOR THE SUBMISSION OF A PUBLIC QUESTION TO THE S-911
VOTERS OF THE VILLAGE OF OAK BROOK COOK&DTI SUBMISSION OF A
PAGE COUNTIES. IL AT THE GENERAL ELECTION ON PUBLIC QUESTION
NOVEMBER 3, 1998: AT THE GENERAL
ELECTION ON NOV.
3, 1998
The Village Attorney has drafted an ordinance calling for submission
of a public question to the voters at the November 3, 1998 General
Election. The public question is in substantially the same form as
when the Village Board considered the matter at their meeting of
August 11, 1998, except that it explicitly states that the proceeds of
the sale would be used for making capital improvements to the Oak
Brook Golf Club. Should this roughly three-acre parcel be sold, it is
understood that the proceeds will be earmarked for the clubhouse and
other improvements at the Golf Club.
VILLAGE OF OAK BROOK Minutes 4 of 9 August 25, 1998
15*06
I •
Alan Rocca
114 Canterberry
Oak Brook, Illinois 60523
August 14, 1998
Mr. Stephen Veitch
Village Manager
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
Dear Mr. Veitch,
I am requesting that the Board of Trustees table my petition regarding the property commonly known
as 3824 York Road,Oak Brook,Illinois,until September 22, 1998 in lieu of the already scheduled date
of September 8, 1998. 1
I hope that the Board of Trustees will grant my request so that I may have the additional time to
address some of the various issues.
Additionally, I have not received any written notice of the Forest Preserve or Park District's decision
on purchasing this property as open space as of the date indicated above.
Sincerely,
Rocca
APR/ssk
pc: Thomas R. Hawk, Director of Community Development, Oak Brook, Illinois
•
0 0
0 0
,TULLE`S SBURG
HISTORIC rl:a
FOUNDATION
RECEIVED
RO.BOX 5131 OAK BROOK,ILLINOIS 60522-5131
August 4, 1998 AUG 0 7 1998
VILLAGE CF CAK CROOK
FIRE DEPARTMENT
Forest Preserve District of DuPage County
PO Box 2339
Glen Ellyn, IL 60137
Dear Ms. Gow, Ms. Stone, Mr. Merkel, Mr. O'Shea:
The Fullersburg Historic Foundation wishes to express concern over the disposition of
the parcel of land at 3824 York Rd. It lies within the historic gateway area. This area
has been the recipient of much financial assistance from the Forest Preserve District
and the Villages of Oak Brook and Hinsdale-more than $5,000,000. This has been
very helpful and has gone a long way in preserving the distinctive character of the
area. With the $500,000 grant to reconstruct the Graue residence and the Ben Fuller
house preparing to install mechanical systems, it would be a shame to see the area
impacted negatively by commercial development; especially since a completed Graue
residence and operating Ben Fuller farmhouse will tax the already limited parking
capacity for all these attractions.
If our local government bodies are not the protectors of this historic gateway area, then
we deserve the results that ensue. There are overwhelming historic considerations
active in this area and allowing commercial development would, in our opinion, be a
degradation. It is our hope that some funds can be found by the Forest Preserve
District (perhaps from the $75 million bond issue) to maintain the historic aspects of
ah:, .J:..ar:.i 4h :r toroughly ..�.v�n-c"nrJ l aL... 0un �,i I nsdAal d Oak
tills district a iat !.� ��+ ti.w�vuy +ly .�u� �.,.,..:.. t.� ..i �.vu��t'r uS vv�l� as l-ih IOua�"'c aiiu va
Brook..
Y s truly,
Richard Pfister
Pres., Fullersb rg Historic Foundation
cc: Ms.Karen Bushy
Village of Oak Brook trustees
Mr. D "Dewey" Pierotti, Jr:
Mr. Dan Gooch
8
D. APPLICATION FOR CLASS A-3 LIQUOR LICENSE - YORK AT CLASS A-3 LIQUOR
SALT CREEK TAVERN= INC.: LICENSE
YORK AT SALT CREEK
Mr. John Wissel has made application to the Village for a Class A-3 TAVERN, INC.
liquor license. This establishment is located at 3702 York Road. All
documentation requirements have been fulfilled and approved by
Village Attorney Martens. A completed background check of the
principal has been processed. The applicant was in attendance at the
meeting.
Motion by Trustee Kenny, seconded by Trustee Savino,to grant a Class
A-3 Liquor License to York at Salt Creek Tavern, Inc. contingent upon
completion of the liquor license application and approval by the Liquor
Commissioner. ROLL CALL VOTE:
Ayes: 5 - Trustees Bartecki, Caleel, Kenny, McInerney and
Savino.
Nays: 0 - None.
Absent: 1 - Trustee Shumate. Motion carried.
8. DEPARTMENTAL REPORTS: No Business.
9. UNFINISHED AND NEW BUSINESS (Final Action Not Anticipated):
A. RECOMMENDATION - ROCCA(3824 YORK ROAD) ZONING ROCCA -
MAP AMENDMENT. VARIATIONS, AND SPECIAL. USE - ZONING MAP AMENDMENT
HISTORIC GRAUE MILL GATEWAY AREA CERTIFICATE OF VARIATIONS, :SVD
APPROPRIATENESS FLOOD PLAIN SPECIAL USE: SPECIAL USE -
HISTORIC GRkUE MILL
GATE14AY AREA
Tabled at the Regular meeting of May 26, 1998. John Romanelli, CERTIFICATE OF
representing the petitioner, requested the petition be continued to the APPROP RIATE\ESS
Village Board meeting of September 8, 1998 due to architectural FLOOD PLAIN SPECIAL
review and to determine if the Forest Preserve District of DuPage USE (3824 York Rd.)
County wishes to purchase said property.
Motion by Trustee Bartecki, seconded by Trustee Savino,to grant the
request of the petitioner and continue this item to the September 8,
1998 Village Board meeting. VOICE VOTE: Mdtion carried.
B. RECOMMENDATION - B.G.P. OAK BROOK L.L.C. (2205 22ND B.G.P. OAK BROOK
STREET) - ZONING ORDINANCE VARIATIONS AND SPECIAL L.L.C. - ZONI\G
ORDINANCE VARIATION`
AND SPECIAL USE
The proposal is for the Andy's Seafood and Steak House property to (2205 22nd St.)
allow redevelopment of the site with a Walgreen's Drug Store facility.
VILLAGE OF OAK BROOK Minutes 9 of 14 June 23, 1998
2 ���
DR. ORIG'S STATEMENT
Good evening, Madam President Bushy, Members of the Village Board of Trustees, friends,
ladies and gentlemen. My name is Dr. Carlito Orig and I reside at 3900 York Road. As
previously stated at the May 26, 1998 Village Board meeting, I am the homeowner immediately
situated to the west of the vacant gas station on York Road. I did not attend the April 26, 1998
Village Board meeting because Mrs. Mitchell and Mr. Rocca told us that it was not necessary for
us to attend the meeting. However, I am a concerned homeowner, as is everyone else in this
room. We tryour best to keep our homes nice and neat. We obey the rules and ordinances set
forth by the village and in doing so, we safeguard the value of our property. It is not true that I
do not care that an unfit commercial building is to be constructed next door to my home—I do
care very deeply. Contrary to what others have said, I do not endorse Mr. Rocca's proposal due
to the following reasons:
1. The proposed building will be constructed just 15 feet away from my property line. The
zoning code requires that the distance of any commercial building to the next property line
should be 60 feet.
2. According to a reliable source, the berm and the fence that is supposed to separate my home
from the commercial building will be erected on my property—not on the property line nor on
the commercial property.
3. Based on their plan, my driveway will be used as part of the bank's operation. If they will do
this, the mature trees, shrubs, and the berm which were planted and constructed when my
house was built to create a"buffer"from the previous gas station, will be demolished.
Moreover, because of the resulting traffic,just going in and out of my own driveway will be a
great inconvenience to my family. The traffic on York Road, north of Ogden is already
congested enough during rush hours. What Oak Brook does not need is more traffic on York
Road during rush hour.
4. The proposed building is also too tall and too big in proportion to the size of the lot and to the
present vacant gas station. The proposal simply overwhelms the parcel.
None of the above were disclosed to us by Mr. Rocca when he came over to our house prior to
the April 26'h Village Board meeting.
5. Lastly, the change of the zoning from residential to commercial will result in the loss of a
"buffer"to the adjoining residential homeowners.
In light of its historical value as the Historic Graue Mill Gateway, there is a possibility that this
piece of property will be purchased by either the DuPage Forest Preserve or the Oak Brook Park
District. If this piece of property remains as an"open space", it will serve as an extension of the
Graue Mill as a mini-park and/or additional parking lot. This possibility I wholeheartedly endorse.
After reading the Oak Brook Newsletter of June 1998, my hopes grew high that a favorable
verdict would be made on this property because in doing so, we would all be in accord with the
principal elements of the Village of Oak Brook Statement of Vision and Mission Statement,
particularly the following: _
• "Engage in ongoing planning and development efforts designed to preserve and enhance the
value of property in the Village.
• "Consult with and involve Oak Brook citizens in the Village's decision-making processes."
• "Vast open spaces and extensive cultural and recreational facilities."
If we allow Mr. Rocca's plan with so many variances to proceed, it is unjust to us who reside
within the immediate vicinity and indeed to the entire village. It will be detrimental to the
preservation and enhancement of the value of our properties and a definite contradiction to the
Village of Oak Brook Statement of Vision and Mission Statement. Moreover, when we bought
our property, it was in the belief and trust that the zoning code of Oak Brook would be used to
protect us.
I am requesting and appealing to you Madam President Bushy and Members of the Village of Oak
Brook Board of Trustees to be just and fair in considering this matter.
Thank you and good night.
• �� • PHONE N0. • May. 22 1998 01:32PM P3
May 19, 1998
of
Otll�tt
orest Mr.
AlAn Rom`
Alan Rocca Ltd.
735 Past Rooeavelt Road
reserve Lomb", Minols 60148
i st r i ct of U. 2-9 Gnaw WI Gose ay
uPage aim mquWtLon
ounty Dear Mr. lam;
We are in receipt of your letter dated May 15, 1998 stating that you have a
contract to acquire the parcel at 3824York Road for$750,000. In the letter,
you went inquiring whether the Forest Preserve District has an interest in
buying the property,
195 Spring Avenue
Gia+Ellyn,IL 80137 At this time, the Commissioners in.District 2, where this property is located,
P.O.Box 2338 have not made dicir selections. Also, we cannot disclose whether ft Formt
Gi•n Ellyn,IL Preserve Dist ict has selected this site for considerah,on.
8o *2339
We hope to be finalizing our selections with n the next few mozltha. At that
FAX 830x190-1071
time we will notify you as to whether the site you have a contract on has
TDO 140o&*SQ57 boon selected for acquisition by the Forest Preserve Commission.
0..pMr Pb,,,,4 Jr, Thank you for your ueAde.rswWng.
�aaaa
WWimk,,a s�,, Sincerely yours,
am AL
SO="
We"Ii KW�., anise Roehll
rne.�e, Land Acquisition Manager
robot-err aowa
Et+mnive ohm cc: Dan Gooch, Executive Director
Scott Day
".m.do"I,.Aa.efpelon.krN
PHONE NO. • May. 22 1998 01:31PM P2
oa/1D/Da TUR I7:I2 FAX 706 000 8370 OAK SROOR PARR DIST. 2002
Oak Brook Park District
I� Q i 860 FOREST GATE ROAD OAK BROOK, ILLINOIS 60523.2151
630/90C)-42j
FAX:11.10/990.8379
Via Fax ( 630 ) 620-4924
Alan Rocca, LTD
735 East Roosevelt Rd.
Lombard, IL 60148
Attn: Alan Rocca
President
May 19, 1998
Deer Mr. Rocca,
In response to your May 15, 1998 letter we wish to advise you that the Oak
Brook Park District is very much interested in the property at 3824 York Road.
On October 31, 1997 the Park District purchased a 60'x300' parcel at 3806
Spring Road, which is within the same vicinity of 3824 YorX ftad. The house and
garage were demolished last week and the area converted to open apace.
On Decamber 5, 1997 the Perk Distrk;t zubmitted a list of properties to the
Forest Preserve Distnct of DuPage County to be considered as open spa e
opportunities as a result of the successful passage of the November 4, 1997 $75
MM oounty referendum. The property at 3824 York Road was Included on this list.
We agree with the Oak Brook and Hinsdale Historic Societies that this
property In the Historic Gateway would be better suited for open 9pecae rather than
commercial development. ,
Presently the Oak Brook Park District and the Forest Preserve of DuPage
County are giving this matter consideration.
Sincerely,
David Fichter
President
1--1
cc:Jan Roehll �
t
Alan Rocca
114 Canterberry
Oak Brook, Illinois 60523
w
June 16, 1997
Mr. Stephen Veitch
Village Manager
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
Dear Mr. Veitch,
I am requesting that the Board of Trustees table my petition regarding the property commonly known as 3824
York Road, Oak Brook, Illinois, until late July or early August.
Sincerely,
�G
Ian Rocca
AR:gp
cc: Thomas R. Hawk, Director of Community Development, Oak Brook, Illinois
3r
t
IN THE CIRCUIT COURT FOR THE 18th JUDICIAL CIRCUIT
DU PAGE COUNTY, ILLINOIS
CITIES SERVICE OIL COMPANY, )
a corporation, et al., )
Plaintiffs, )
)
-vs- ) No. 71-1443-G
VILLAGE OF OAK BROOK, )
a municipal corporation, ) /
Dcfenclant.
PERMANENT INJUNCTION
THIS CAUSE HAVING COME ON TO BE HEARD on the verified amended
petition of the Village of Oak Brook, Defendant-Petitioner herein; and the Court
having heard the testimony of witnesses called on behalf of the parties; and, having
considered the various documents heretofore duly entered into evidence, together
with a review of the report of proceedings and documentation giving rise to the entry
of the decree in the underlying cause on February 18, 1972; and the Court, having
been otherwise fully advised in the premises by the representations of counsel for the
respective parties or said parties' successors in interest, as the case may be, HEREBY
FINDS THAT:
1. It has jurisdiction over the parties and the subject matter of this
litigation including, without limitation, the power to enforce its
process under the terms of the decree heretofore entered in this cause
on February 18, 1972;
2. The aforementioned decree, together with all provisions thereof, both
s
express and implied, runs with the land which is the subject matter of
this litigation, commonly known as 3824 York Road in the Village of
Oak Brook, DuPage County, Illinois, which land is more particularly
described as follows:
PARCEL 1: That part of Tract B. J. Lynch Plat of Survey (Doc. No.
707775), a part of Lot 1, Gmoser and Bluma's Plat of Survey situated in
that part of the South 1/2 of Section 36, Township 39 North, Range 11,
East of.the Third Principal Meridian, bounded and described as follows
to wit: Commencing at the Southwest corner of the Southeast 1/4 of
Section 36, Township 39 North, Range 11, East of the Third Principal
��M
Meridian; thence East along the South line of Section 36, a distance of
280.5 feet to a point in the center line of Spring Road as now platted
and recorded; thence Northwesterly along the center line of said
Spring Road, a distance of 245.90 feet to the place of beginning thence
still along said center line of Spring Road, a distance of 85.0 feet to a
point, thence South 620 01' West, a distance of 175.0 feet to a point,
thence South 270 59' East, a distance of 60 feet to a point; thence
North 700 09' East, a distance of 176.78 feet to a point and place of
beginning, except that portion lying in Spring Road, dedicated for
Highway purposes, all in DuPage County, Illinois.
PARCEL 2: Lot I in J. Lynch's assessment resubdivision of part of
Tract B in J. Lynch Second Plat of survey (recorded February 11, 1954,
as document 11707775) of part of Lot 1 in Gmoser and Bluma's plat of
survey (recorded June 18, 1949, as document 570094), in the South 1/2
of Section 36, Township 39 North, Range 11, East of , the Third
Principal Meridian, according to the plat of said J. Lynch's assessment
resubdivision recorded May 2, 1957, as document 840938, in DuPage
County, Illinois.
3. The present record owner of the prernises described under paragraph 2
hereof is the First National Bank of LaGrange as Trustee under Trust
Agreement dated June 4, 1975, and known as Trust No. 1090 wluch,
together with Frank E. Mitchell, one of the beneficiaries thereunder, is
a respondent in respect to the instant proceeding.
4. Frank E. Mitchell is, and has been, the owner and operator of a comm-
ercial business conducted on and from said premises at all times since
on/about /August, 1972, and was possessed of actual knowledge relative
to the decree heretofore entered in this cause.
5. The entry of said decree was founded in material part on the sworn
testimony of witnesses appearing for the corporate plaintiff, the
predecessor to those parties designated under paragraph 3 hereof, who
represented_ that, were the relief asked for in the complaint granted,
as it subsequently was, plaintiff would cause substantial improvements
to be made on the subject premises, which improvements included,
inter alia, modernization of the building existing on Parcel 2, the
enlargement of said building by the addition of a third bay, addition of
-2-
a canopy over the pump islands, certain landscaping improvements, and
the like, all of which would supposedly be accomplished pursuant to a
specific plan, the general scheme of which was appended as an exhibit
to the pleadings in the underlying action.
6. Contrary to said sworn representations, neither the stated modern-
ization, other improvements, nor any part thereof, were commenced or
completed at any time relevant to the instant proceeding.
7. Said decree provided, in part, that the subject premises shall be used
only for automobile service station purposes, in harmony with the
stated representations of said corporate plaintiff and, furthermore,
expressly prohibited any other use on the premises.
8. Said decree further provided that the use of Parcel 1 for automobile
service station use is expressly conditioned upon the northerly forty
(40) feet thereof being maintained in a grassed and landscaped
condition.
9. At all times relevant to this action there was in full force and effect
Village of Oak Brook Ordinance No. 660, as amended, which
ordinance is known, cited and referred to as "The Zoning Ordinance of
the Village of Oak Brook, Illinois of 1966", said ordinance having
heretofore been duly adopted by the corporate authorities of said
Village on March 22, 1966.
10. Excepting the findings of the 1972 decree regarding the yard setback
requirements in conjunction with the specific modernization and
improvement plan heretofore advanced by the corporate plaintiff, all
remaining provisions of the cited zoning ordinance, together with all
rules and regulations promulgated thereunder, apply to, govern, and
control the subject premises in respect to the mandated exclusive use
thereof for automobile service station purposes.
11. The relevant provisions of the cited zoning ordinance are consistent
with acknowledged standards prevailing in the retail petroleum
industry for automobile service stations.
12. Frank E. Mitchell, the respondent herein, has despite repeated requests
and demands by duly authorized officers, agents and employees of the
Village of Oak Brook, engaged in, and continues to engage in, a course
of conduct which directly contravenes the express language and fair
intendments of the aforementioned decree which incorporates, as a
matter of law, all applicable provisions of the cited zoning ordinance.
13. The foregoing includes the following specific acts done, or caused to
be done, by said respondent in respect of the subject premises:
a) The storage, keeping, and/or disassembly thereon of junk or
otherwise inoperable vehicles, cannibalized automotive parts
and accessories, discarded rubber tires, and the like;
b) The failure to limit accessory off-street parking to the auto-
mobiles of patrons, occupants or employees in the manner
contemplated under the controlling zoning ordinance;
C) The offering on said premises of storage or parking space for
rent;
d) The failure to conduct repair work within a completely
enclosed building except where such repair work is minor in
scope and for the customary purpose of servicing persons who
arc parked in automobiles on the premises as an incident to
their purchase of automotive fuels and lubricants;
e) The offering for sale of motor vehicles situated on said
premises;
f) The parking of motor vehicles on the northerly forty (40) feet
of Parcel 1 and the failure to maintain the same in a grassed
and landscaped condition;
g) The. parking of motor vehicles elsewhere on Parcel 1 in an area
not improved with an all-weather hard surface pavement
installed in accordance with Village of Oak Brook standards
and specifications;
h) The failure to construct and maintain required screening and
landscaping for off-street parking areas.
14. The aforementioned acts of omission and commission by the respon-
dent, Frank E. Mitchell, constitute violations under the following
designated sections of The Zoning Ordinance of the Village of Oak
Brook, Illinois of 1966:
(a) XIV (B) (10) - Definition of automobile service station.
(b) VIII (B) (2) - Scope of business district provisions.
(c) XI (E) (5) - Use/accessory off-street parking.
(d) XI (E) (9) (b) - Surfacing/accessory off-street parking.
(e) XI (E) (9) (c) - Screening and landscaping/accessory off-street
parking.
(f) XI (E) (9) (e) - Prohibition against repair work conducted within
accessory off-street parking area.
15. The court specifically finds that the subject premises are not being
f
used as an "automobile service station" as mandated under the 1972
decree; or as that term is contemplated under the controlling zoning
ordinance which is incorporated therewith; or in conformity with
acknowledged standards prevailing in the retail petroleum industry;
and, further, that the subject premises have the appearance of a "junk
yard" as defined under Section XIV (B) (69) of the cited ordinance.
IT 15 THEREFORE ORDERED, ADJUDGED, AND DECREED, from this day
forward, that respondents herein, First National Bank of LaGrange as Trustee under
Trust Agreement dated June 4, 1975, and known as Trust No. 1090; and Frank E.
Mitchell, and all persons or other entities claiming by, through or under them:
(1) Shall conform to the terms of the 1972 decree respecting the use of
the subject premises exclusively for automobile service station
' purposes.
i
i
!
(2) Shall not store, keep and/or disassemble, 'on or about said premises,
junk or otherwise inoperable vehicles, cannibalized automotive parts
and accessories, discarded rubber tires, or the like.
(3) Shall limit accessory off-street parking on the premises to the auto-
mobiles of patrons, occupants or employees.
(4) Shall not permit the premises, or any part thereof, to be rented for
parking or storage.
(5) Shall conduct all repair work within a completely enclosed building
except where such repair work is minor in scope and for the customary
automobile service station purpose of serving persons who are parked
in automobiles on the premises as an incident to their purchase of
automotive fuels and lubricants.
(6) Shall not offer for sale any motor vehicles situated on the premises.
(7) Shall not park motor vehicles on the northerly forty (40) feet of Parcel
1 and shall maintain the same in a grassed and landscaped condition.
(8) Shall neither park nor permit the parking of motor vehicles elsewhere
on Parcel 1 except in an area improved with an all-weather hard
surface pavement installed in accordance with Village of Oak Brook
standards and specifications; and which shall likewise conform with all
other requirements of the Zoning Ordinance of the Village of Oak
Brook, Illinois of 1966 relative to accessory off-street parking.
(9) Shall comply with all applicable screening and landscaping provisions
of the controlling zoning ordinance in respect to off-street parking
facilities on the premises.
_A_ - ' �
IT IS FURT111--I2 ORDERED, ADJUDGED AND DECREED THAT:
(10) The terms of the decree entered on February 18, 1972, do not insulate
respondent, in any manner, from prosecution for zoning ordinance
violations.
(11) This Court expressly reserves the power and authority to enforce its
process hereunder.
(12) There is no just reason to delay enforcement or appeal of this order.
ENTER:
Judge
THE LAW OFFICES OF
ALFRED P. BIANUCCI, LTD.
Attorneys for Village of Oak Brook
2000 Spring Road
Oak Brook, Illinois 60521
(312) 654-2900
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/ STATE OF ILLINOIS )
SS
COU\TY•OF DU PAGE )
IN THE CIRCUIT COURT OF THE EIGHTEENT'd JUDICIAL CIRCUIT
DU PAGE COUNTY, ILLINOIS
CITIES SERVICE OIL COMPANY, a )
corporation
Plaintiff )
vs ) No. 71-1443-G
VILLAGE OF OAK BROOK, a muni-
cipal corporation )
Defendant ) _ —
_
illy
D E C R E E
This cause coming on to be heard on the trial call
and the court having heard all the evidence presented, having
heard the examination of the witnesses, having examined all of
the exhibits, having heard the arguments of counsel, and being
filly advised in the premises, doth find as follows:
1. That this is a proceeding for Declaratory Judg-
ment in a case of actual controversy.
2. That the plaintiff is the owner of two (2) parcels
of property legally described as follows:
PARCEL 1: That part of Tract B. J. Lynch Plat of
Survey (Doc. No. 707775) , a part of Lot 1, Gmoser
and Bluma's Plat of Survey situated in that part of
the South 1/2 of Section 36, Township 39 North,
Range 11, East of the Third Principal Meridian,
bounded and described as follows to wit: Commencing
at the Southwest corner of the Southeast 1/4 of Sec-
tion 36, Township 39 North, Range 11, East of the
Third Principal Meridian; thence East along the South
line of Section 36, a distance of 250.5 feet to a
1ny 'I
�•t
1~
I I
point in the center line of Spring Road as noir platted
and recorded; thence Northwesterly along the center
line of said Spring Road, a distance of 245.90 feet to
the place of beginning thence still along said center
line of Spring Road, a distance of 85.0 feet to a point,
thence South 620 01' ITest, a distance of 175.0 feet to
a point, thence South 270 59' East, a distance of 60
feet to a point; thence North 700 09' East, a distance
of 176.78 feet to the point and place of beginning, ey.-
cept that portion lying in Spring Road, dedicated for
Highway purposes, all in Du Page County, Illinois.
PARCEL 2: Lot 1 in J. Lynch's assessment resubdivision
of part of Tract B in J. Lynch Secoed Plat of survey
(recorded February 11, 1954, as document .707775) of
part of Lot 1 in ,Gmoser and Blu.-na's plat of survey (re-
corded June 18, 1949, as document 570094) , in the South
1/2 of Section 36, Township 39 Korth, Range 11, East of
the Third Principal Meridian, according to the plat of
said J. Lynch's assessment resubdivision recorded May 2,
1957, as document 840938, in Du Page County, Illinois.
3. That Parcel #1 is presently zoned for residential use
under the Zoning Ordinance of the Vi.11ag� of Oak Brook and Parcel
#2 is presently zoned for commercial use under the sable Zoning
GAtinance and is presently being used for the operation of an auto-
""
ile service station.
r 4. That the general character of the neighborhood is
business.
5. That the highest and best use of Parcel and
Parcel P2 is for the operation of an automobile service station_
6. That the setback lines of the Village of Oak: Brook
Zoning Ordinance in effect prevent the use of Parcel #1 and Parcel
V'2 by depriving the owners of the major portion of the property on
which to construct a building and as such amounts to a confiscation
of property without due process and therefore violates the constitu-
tional rights of the owners.
7. That the plaintiffs are desirous of enlarging the exist-
in" automobile service station by the addition of a third bay, by
muiternizing the ,existing service station, and by construction of a
.. -. _ ... .•�_ .:L.. 1....a.. _ ... .. .. r.. ..R� -. %1_w. .�. w.s-_ - —_ JY. - — _ -_— .�
•
canopy over the existing pump islands, all as shown riore fully on
the exhibit attached to the pleadings, and said exhibit and the testi-
mony indicate that the plaintiff will provide for a forty (40) foot
area to be grassed and landscaped on the Northern portion of Parcel
V-1, and that the physical layout of the property is such that no
harm will come to anyone from the granting of the prayer of this
Petition and that in fact the alterations which will be made will en-
hance the beauty of the neighborhood and add to the character of the
neighborhood.
8. The enlarging of the existing automobile service sta-
tion in a=ordance with the proposals submitted to this Court, will
not diminish the value of the surrounding property, but in many ways
will probably enhance the value.
i
9. That the granting of this Petition will not in any way
diminish the beauty or historical value of Graue dill or any of the
Forest Preserve property nor will it in any way di=ish the value of
any of the surrounding properties.
10. . That the zoning of the Village of Oak Brook for resi-
dential use for Varcel Yr1 is not compatible with the character of
the neighborhood and existing uses therein, and has no tendency to
promote the health, safety, morals, convenience and general we;lfa_e
of the citizens of the Village of Oak Brook and bears no relationship
thereto.
11. That the zoning of the Village of Oak Brook of Parcel
#1 is ;..rbitrary, unreasonable and void and constitutes a taking of
property without due process of law.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED A
FOLLOWS:
-3-
• EJV:fo 1-5 2/15/72
1. That the Zoning Ordinance of the Village: o° Ua;; Broor:
is hereby declared to be unconstitutional and void as it applies
to Parcel P1 and as it applies to the front yard, rear yard and
side yard requirements of both Parcels 61 and 02-
2. That the Village of Oak Brook and all of its off;cLrs, .
agents, servants and employees be and the same are hereby enjoined
and restrained from preventing the constriction of the addjtional
bay and other improvements to the building on Parcel V2, and the
construction of a canopy over the pump islands on Parcel 62, and
from the interference with the use of Parcel rl for auto=obile
service stas4on use.
��3- That the use of Parcel fl for automobile service sta-
tion use is based upon the representation that the Northerly forte
(40) feet will be kept in a grassed and landscaped area.
4. That the Decree is based upon specific use proposed
by the land owner as set forth in the record, and the land owner
may proceed with said use but�may_ not proceed with a different use.
ENTER:
JUDGE'
EDWARD J. VERTOVEC
Attorney at Law
105 So. York Street
Elmhurst, Illinois 60126
832-2333
-4-
GE OF 044,
e
O y
G
9c�0oue71
VILLAGE OF OAK BROOK
1 2 0 0 OAK BROOK ROAD
OAK BROOK , ILLINOIS 60523- 2255
PHONE: 630 990-3000
FAX: 630 990-0876
May 29, 1998
Mr. Alan Rocca,President
Alan Rocca Ltd.
735 East Roosevelt Road
Lombard, IL 60148
Dear Mr. Rocca:
I am in receipt of your letter, dated May 15, 1998, inquiring about potential interest on the part of
the Village in acquiring the real estate at 3824 York Road, of which you are currently the contract
purchaser.
If the Village was, or was to become, interested in acquiring the property, it would be bound to
follow certain procedures as set out in State law and would express its interest directly to the fee
owners of the property. I am not aware that the Village or any of its officials have expressed
interest in acquiring the subject property.
Since r -1 ,
Stephen B. Veitch
Village Manager
/sv
cc: Village President and Board of Trustees
Thomas R. Hawk, Director of Community Development
I
Funds for this purchase are contained in the Information
Services Program (10-151) under the line items for Application
Software, Training, Other Services and Computer
Maintenance.
Motion by Trustee Bartecki, seconded by Trustee McInerney, to
waive bidding and authorize the issuance of a Purchase Order to
Pentamation Government Systems, Bethlehem, Pennsylvania, for the
purchase of IQ Report Writer software and annual maintenance, at a
total cost of$15,994, plus travel expenses for on-site training. ROLL
CALL VOTE:
Ayes: 4 - Trustees Bartecki, Kenny, McInerney and Savino.
Nays: 0 - None.
Absent: 2 - Trustees Caleel and Shumate. Motion carried.
8. DEPARTMENTAL REPORTS: No Business.
9. UNFINISHED AND NEW BUSINESS (Final Action Not Anticipated):
A. RECOMMENDATION - ROCCA (3824 YORK ROAD) ZONING ROCCA -
MAP AMENDMENT. VARIATIONS, AND SPECIAL USE - ZONING MAP AxTD-
HISTORIC GRAAUE MILL GATEWAY AREA CERTIFICATE OF MENT, VARIATIONS
APPROPRIATENESS FLOOD PLAIN SPECIAL. USE: AND SPECIAL USE -
HISTORIC GRAUE MILL
Tabled at the Regular meeting of April 28, 1998. The petitioner has GATEWAY AREACERTIFICATE or
requested that the petition be tabled a second time, to June 23, 1998. APPROPRIATENESS
If it is the Village Board's wish, it would be appropriate to remove the FLOOD PLAIN S?ECIAI
item from the table and pass a new motion to table it to the new date. USE
(3824 York Read)
Motion by Trustee Savino, seconded by Trustee Bartecki, to grant the
request of the petitioner and table this item to the June 23, 1998
Village Board meeting. VOICE VOTE: Motion carried.
Public comments were accepted as a matter of record for the Village
Board of Trustees.
Robert Waite, Fullersburg Woods Area Association President, read a
letter to the Village Board indicating their opposition of the proposed
project. A copy has been placed in the official file.
Dr. Carlito Orig, 3900 York Road, read a letter to the Village Board
explaining his opposition to the proposed project. A copy has been
placed in the official file.
VILLAGE OF OAK BROOK Minutes 7 of 9 May 26, 1998
� 1'� 3,l
0
Fullersburg Woods Area Association
Post Office Box 5112, Oak Brook. IL 60523-5112
Dear President and Members of the OakBrook Board of Trustees:
At the annual meeting of the whole the homeowners of the FWAA
present, voted unanimously to present the following statements of
position to you in regard to the Rocca development.
1. The building is too large for the property.
2. We object to the rezoning of the north lot from residential to
business. A buffer zone must be maintained between business and
residential.
3. Changing zoning laws is a severe injustice to people who purchased
property in the area depending on the current zoning regulations.
4. The neighbors' desires have been misrepresented to the village
commission and boards. The immediate neighbors are not in favor of
the project as presented.
5. It is a well known fact that spot zoning is the bane of all
neighborhoods. In addition a precedent of this nature could very easily
lead to a mini Ogden Avenue or Roosevelt road conglomeration such as
some of our neighboring communities have on their borders.
6. The traffic in this area is already extremely congested throughout
most of the day which is very easily confirmed if you take a ride
driving either from Ogden to the north or Spring to the south.
Respectfully,
Bob Waite, President
MAYG 1998
•
DR. ORIG'S STATEMENT
Thank you Mrs. Bushy and Members of the Village Board of Trustees, for giving me the
opportunity to speak on behalf of my family and myself. I am Dr. Carlito Orig. My family and I
reside at 3900 York Road, the home situated immediately to the west of the vacant gas station on
York Road, which is the subject of tonight's discussion.
I am, so rry that I was unable to attend the last Village Board meeting due to personal reasons.
Moreover, Mrs. Mitchell and Mr. Rocca told us that it was not necessary for us to attend the
meeting. However, I am a concerned homeowner, as is everyone else in this room. We try our
best to keep our homes nice and neat;we obey the rules and ordinances set forth by the Village;
and in doing so, we safeguard the value of our property.
My mind was opened to a lot things after reading articles in the Oak Brook editions of"The
Doings"and "The Press,"both dated May 1 , 1998. These articles explained the plan to
construct a two-story building to house a jewelry store, a bank with a drive-through window, and
offices on the subject property. I began to understand that there is a possibility that this piece of
property could be an"open space" - because it has historical value, as the historical Graue Mill
gateway. Thus, it could be used as an extension of Graue Mill as a mini-park and a parking lot -
which, as an Oak Brook resident, I wholeheartedly endorse. I also learned that as a citizen and a
homeowner, I can voice and express my opinion.
It is not true that I do not care that an unfit commercial building is to be constructed next door to
my home - I do care very deeply. Contrary to what others have said, I do not endorse Mr.
Rocca's proposal. I adamantly oppose the plan,as I have also learned that the proposed building
will be constructed 15 feet away from my property line - when in fact, the required distance from
any commercial building to the next property line should be 60 feet. We are not even talking
about the so-called "reasonable relief'in this situation.
Furthermore, according to reliable sources, the burm and the fence that is supposed to separate
my home from the building will be erected on my property and not on the property line nor on the
commercial property. According to their plan, my driveway will be used as part of the operation
of the bank. Presently, my driveway is professionally landscaped with mature trees, shrubs, and a
burrs which were planted and constructed when the house was built to create a"buffer"from the
previous gas station. In their plan, these trees will be cut down in order to have access to the
bank operation. You can well imagine the traffic jam that will occur going in and out of my own
driveway to reach my home.
Lastly, the proposed building is also taller and bigger in proportion to the size of the lot and to the
present vacant gas station. I believe that this will create an equally undesirable eyesore.
Therefore, I strongly oppose any`unfit" commercial building, with too many variances, being
constructed in front of my home.
I thank everyone for allowing me this opportunity to express my feelings and those who, in one
way or another, support us in this difficult situation. Again, thank you.
OF Oq
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK , ILLINOIS 60523 -2255
PHONE: 630 990-3000
FAX: 630 990-0876
MEMORANDUM
DATE: May 15, 1998
TO: Village President and Board of Trustees
FROM: Stephen B. Veitch, Village Manager/�//
SUBJECT: Rocca Petition -3824 York Road
Pursuant to the motion to table adopted at the April 28 meeting of the Board, the petition for
rezoning, special use, flood plain special use and variations appears on your May 26 agenda as
unfinished business.
By way of the attached letter, the petitioner has requested that the petition be tabled a second time,
to June 23, 1998. If that is your wish, it would be appropriate to remove the item from the table and
then pass a new motion tabling it to the new date.
/sv
attachment
Alan Rocca
114 Canterberry
Oak Brook, Illinois 60523
May 15, 1997
Mr. Stephen Veitch
Village Manager
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
Dear Mr. Veitch,
I am requesting that the Board of Trustees table my petition regarding the property commonly known as 3824
York Road, Oak Brook, Illinois, until June 23, 1998.
I need the additional time to address some of the various issues. Furthermore, this will allow the Village,
Park District and/or the Forest Preserve to come forward if they have any interest in purchasing this property
as open space.
Sincerely
Alan Rocca
AR:gp
cc: Thomas R. Hawk, Director of Community Development, Oak Brook, Illinois
3s.
Ai n Rocc Ltd.
Fine Jewellery
735 East Roosevelt Road Lombard Illinois 60148 Tel 630 620 4300 Fax 630 620 4924
May 15, 1998 PTClEI17ED
11AY 1 6` 19Yb
Mr. Stephen Veitch
village Manager
village of oak Brook VILLAGE OF OAK BROOK, IL.
1200 Oak Brook Road ADMINISTRATION
Oak Brook, IL 60523
Dear Mr. Veitch:
I am under contract to buy the property at 3824 York Road, in Oak
Brook, for $750, 000.
The Oak Brook and Hinsdale Historical Societies believe this property
is better suited for open space rather than a new commercial building.
One of their approaches is to have the Village of Oak Brook buy the
land.
If the Village of Oak Brook is interested in buying this property, I
will find another site for my business. Please let me know the
Village's intentions. Thank you.
Sincer
i
R do
president
AR/ssk
pc: Thomas R. Hawk
Director of Community Development
Oak Brook, Illinois
3�.
Q � r � •
the Village Board at their May 12, 1998 meeting. This provision
states that if the applicant does not wish to proceed with the proposed
project, the rezoning would revert to its present zoning.
Trustee Shumate stated the Village should be aware of a significant
increase in traffic on 22' Street from this establishment and
adjustments may have to be made in the future.
Motion by Trustee Bartecki, seconded by Trustee Savino, to direct the
Village Attorney to draft the necessary ordinances to be brought back
for action at the Regular meeting of May 12, 1998 which would
include the following conditions:
1) The property is to be developed in substantial conformity with the
submitted Site Plan, Concept Building Elevations, Concept Sign
Detail Plan, and Landscape Plan, and in accordance with all
applicable codes and regulations; and
2) All lighting shall be so constructed to avoid light spillage and shall
be designed to prevent visibility of the light source by the
residential property owners to the south.
VOICE VOTE: Motion carried.
B. RECOMMENDATION - ROCCA (3824 YORK ROAD) ZONING ROCCA -
MAP AMENDMENT,VARIATIONS, AND SPECIAL USE - ZONING KAP AMENDMEN
HISTORIC GRAUE MILL. GATEWAY AREA CERTIFICATE OF VARIATIONS,
APPROPRIATENESS FLOOD PLAIN SPECIAL USE: SPECIAL USE -
HISTORIC GRAUE MILL
GATEWAY AREA
Don Hindman, 606 Wood, complimented the Village Board for their CERTIFICATE OF
efforts and wished the Trustees to know that he and his wife approve APPROPRIATENESS
the proposed project. President Bushy indicated receipt of a letter FLOOD PLAIN SPECIAL
(via FAX) from Karen Krohn, 1010 35`h Street, indicating her USE (3824 York Road
opposition to the proposed project. The Trustees have received
copies of the letter.
Village Manager Veitch highlighted the particular recommendations
of the Zoning Board of Appeals and Plan Commission. All of these
recommendations were unanimous with the exception of the Zoning
Board of Appeals 5 to 1 vote of the yard variations. Rezone Parcel
Two from R-3 to B-3. Variations requested of the front yard from
100 feet to 73 feet, northern side yard from 60 feet to 40 feet, the rear
yard from 60 feet to 15 feet and the southern side yard from 60 feet to
20 feet. Grant a variance to permit a ground sign that is free standing
on a parcel smaller than three acres. Variation of size and location of
loading berth and screening in a certain manner. Proposed on
VILLAGE OF OAK BROOK Minutes 14 of 18 April 28, 1998
33.
southern side of building to provide backing into facility for garbage
pick up. Variation to permit a 6-foot solid fence on the back property
line added to the petition during the hearing process at the request of
the property owner. The published hearing notice made provision for
a similar variation on the north lot line. This particular issue was
tabled by the Zoning Board of Appeals in the absence of testimony by
the adjoining property owners from the north.
One of the two special use issues is the drive-thru of a tenant. The
bank would be a permitted use in the B-3 District, but the drive-thru
requires a special use. A Flood Plain Special Use allows occupancy
and reconfiguration requiring compensatory flood plain storage at a
volume of 1.5 to 1 subject to engineering approval. The
compensatory storage proposed is in a dry basin at the north end of
the property. The storm water detention is proposed in a system of
large pipes beneath the parking lot.
The Plan Commission recommends a Certificate of Appropriateness
be granted to Section VIII A. of the Zoning Ordinance that sets forth
the historic Graue Mill Gateway special zoning provisions. The
requirements were met as submitted for the Certificate of
Appropriateness. At issue is the execution of the land use through
site planning, architectural design, signage and landscape design.
Village Manager Veitch indicated, if the Village Board concurs, that
the Village Attorney should be directed to draft the necessary
documents for their approval. He further explained the restructuring
of the license agreement to provide use of the undeveloped right-of-
way of Glendale Avenue for a driveway to the home located west of
the subject property. This requires a three part agreement to allow a
portion of that driveway to be used as an exit of the proposed bank
drive-thru facility. Secondly, it would be necessary for the Village to
join with the property owner to petition the Court to vacate the
consent decree that limits the use of the property to its former use as a
service station and associated parking.
David Gooder, representing the applicant, appeared before the Village
Board to answer any questions of the Trustees. Trustee Caleel asked
if they had an agreement with the property owner to the north. Mr.
Gooder indicated the property owner has not suggested what they
would prefer. The west property owner has not appeared during the
public hearings in opposition of the proposed 6-foot solid fence. The
solid fence is in place now and the adjacent property owner wishes to
retain this fence and extend it to the northwest corner of the property
with some landscaping proposed.
VILLAGE OF OAK BROOK Minutes 15 of 18 April 28, 1998
1 3NAW
Trustee Bartecki voiced a concern for the number of variations
presented by the petitioner. Mr. Gooder noted that the setbacks were
found unconstitutional twenty years ago as applied to this property
because it totally prohibited any type of development.
Trustee Savino inquired as to why the building had to be so large.
Mr. Gooder explained that the building is relatively small for the
property at .28 FAR. The size is for the need to fund the cost of all
the compensatory stormwater storage that is required by our Village
Code due to the flood plain. To utilize the property, variations are
required to build any type of structure on this site due to the flood
plain and the existing depth of the property.
John Romanelli, Realtor, spoke on behalf of the petitioner regarding
the need for this type of commercial tenant. The bank has restrictive
hours for the area residents and is the best use as a tenant.
Public comments were heard by the following residents:
Robin Zahran, 718 Acorn Hill, asked why such a large structure has
to be placed in a residential area. There are too many variations for
such a small piece of property. It could be economically feasible
without spending so much money on the structure.
Donald O'Neil, Fullersburg resident, suggested there are two
unacceptable alternatives: too large of a structure for the site, and a
piece of property that does not allow a structure to be built due to the
current zoning codes. He asked that some type of accommodation be
reached with the developer. He read a letter to the Village Board
from the Fullersburg Homeowners Association President, Judy
McDade, stating the Association's official position of preserving the
historic Gateway area and their concerns of twenty-four hour lighting
for the bank and the drive-thru exiting on the public right-of-way.
The letter was given to Village President Bushy so that it will be a
permanent record with this application.
Joseph Rush, 3721 Spring Road, agreed that the property is
unbuildable and that some relief needs to be given to the property
owner, but the present proposal is too much bulk for the size of the
property. He asked that the petitioner consider reducing the size of
the building so that less variations are required.
Blanche Bluma, 3810 Spring Road, property owner in the rear of the
proposed building, addressed the concern of the adjacent property
VILLAGE OF OAK BROOK Minutes 16 of 18 April 28, 1998
4�
33�
owner's, Dr. Carl Orig, driveway being used as proposed. She does
not believe that he is aware of the proposed usage of his driveway for
the bank facility.
Mary Ellen Mauro, Secretary of the Oak Brook Historical Society
Board, stated the Board's opposition to the proposal and asked that
the property be an open space rather than developed to retain the
historic area of the Gateway. She suggested the possibility of a grant
for open space.
Robert Waite, 3609 Madison, inquired if the Du Page Forest
Preserve's approved referendum to fund purchases of property in Du
Page County could be sought for this property. President Bushy
explained that$10,000,000 is to be spent for each District. Four
District II Commissioners would recommend to the Forest Preserve
District what properties to purchase in our district. Mr. Waite stated
this property could be used for overflow parking from the Graue Mill.
President Bushy recommended some type of action should be taken
on the proposal rather than referring it again to the Zoning Board of
Appeals or Plan Commission.
Motion by Trustee Caleel, seconded by Trustee Bartecki, to reject the
proposal as presented.
Trustee Kenny commented that the Village is trying to eliminate the
existing facility and to determine an appropriate use of the site. There
should be something appropriate for this property. This particular use
is elegant but too big and could a less intensive facility be proposed.
Trustee Caleel mentioned the conversion of a residential parcel to a
commercial parcel in a residential area is very significant. Trustee
Kenny suggested that the property would not be suitable for
residential use due to its location and the commercial use would be
more appropriate in terms of size and bulk.
President Bushy suggested the necessity of a drive-thru may be
reconsidered by the petitioner and be removed due to the objections
of traffic movement. The petitioner may then request this be tabled
and come again before the Village Board for discussion.
Mr. Gooder, representing the petitioner, asked that this item be tabled
so that the petitioner may address the concerns raised and be brought
again to the Village Board for their review.
VILLAGE OF OAK BROOK Minutes 17 of 18 April 28, 1998
4�
33
Motion by Trustee Caleel, seconded by Trustee Bartecki, to table this
agenda item to the Village Board meeting of May 26, 1998. VOICE
VOTE: Motion carried.
10. OTHER BUSINESS PERTAINING TO VILLAGE OPERATIONS: None.
11. ADJOURNMENT: ADJOURNMENT
Motion by Trustee Bartecki, seconded by Trustee Caleel, to adjourn the
meeting at 12:20 a.m. VOICE VOTE: Motion carried.
ATTEST:
a
Lind K. Gonnella, CMC
Village Clerk
bot42898
VILLAGE OF OAK BROOK Minutes 18 of 18 April 28, 1998
4 3*3
Karen A. Krohn
1010 351 Street
Oak Brook, IL 60523-2701
(630) 654-3175 Home
(630) 654-3074 Fax
E-mail to KarKrohn@aol.com
April 28, 1998
Fax to: 990-0876
Karen Bushy, Village President
Village of Oak Brook 28 1`-
Oak Brook, IL 60523
-iA QF C
Re: 3824 York Road Property
A,0 Nl l N
Dear Ms. Bushy:
Regarding the above topic, my husband, Frank, and I strongly oppose the
proposed 8800 sq. ft. building to be built on the old gas station property. We
believe that variations to zoning laws should not be granted unless absolutely
necessary.
It seems as if that area is already congested enough due to the office buildings
closer to Ogden. Traffic is already a problem during peak times.
We would attend the meeting in person, but we just arrived home from vacation
and had a prior commitment for this evening.
Cordially,
Karen Krohn
Letters.Karen Brruhy
Td I IdC10:t'i] :-3rSE.T ::-:7- '-i'jH 0'.-'D . *C11 I 3I lOH-� F IH=id I
Lawrence E. Klinger
1218 Indian Trail
Hinsdale,Illinois 60521
(630)323-7222 APR 2 ,u H d
VILLAGE OF OAK BROOK, IL.
ADMINISTRATION
April 26, 1998
Ms. Karen Bushy, President
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, ill. 60523
Dear Karen:
I have just been informed of a proposal to approve
rezoning of a residential R-3 parcel and the construction of
a multi-purpose commercial building at 3824 York Road.
Because of the involvement of both of our villages in the
long struggle to protect the Historic Gateway to Oak Brook
from commercial encrocachment, I felt it necessary to inform
you of my concerns on this matter and request that the Board
of Trustees of the Village of Oak Brook refer this matter
back to the Plan Commission for further study.
As I have been informed, the parcel in question will
consist of an 8 , 800 square foot building including a jewelry
store, bank, real estate office, etc. plus parking. In order
to be approved by the Planning and Zoning Commissions , the
parcel would need at least 12 approved variations from the
Oak Brook Building and Zoning Codes . Based upon my personal
experience with the Village of Oak Brook in the early 1980 ' s
when my employer( Swift & Co. ) made a change in use of their
building from an R&D Center to an office building, we had an
extremely difficult time convincing the Village that we would
not be in violation of their Building and Zoning Code as far
as parking spaces were concerned. For at least one year, the
Police Dept. made regular checks of our parking lot and the
number of employees in the building. Now these two
Commissions intend to give approval for 12 variations in your
Building and Zoning Codes for this proposed building in the
Historic Gateway? If so, what has been averted at great
expense for the East side of York Road in the Historic
Gateway will be completely reversed on the West side of York
Road.
I urge you to return this subject to the Plan Commission
for more thorough study.
Sincerely,
3t.
3815 Washington Street
Oak Brook, Illinois
April 21, 1998
Dear Dr. Caleel,
I am asking you, as a Trustee of the Village Board, to vote against the Rocca proposal for
3824 York Road. I have no quarrel with the design of Mr. Rocca's building. There
obviously has been much thought in the development of its harmonious design with the
Historic Gateway concept. The entire development, however, will be built at the expense
of the local residents, and that, in itself, is an egregious act.
In 1984, my husband and I bought property along Washington Street, which was
subsequently divided into three lots. We developed, and maintain on a biannual basis, a
flood water system along the eastern border of these properties. We moved into our new
home in August, 1987, immediately in the aftermath of a 100-year flood. As I stood on
our deck looking out at Salt Creek which was now lapping at our steps, I had two
thoughts:
1. Thank God for Dale Durphy and all the "trouble" he gave us
2. Thank God for the Village of Oak Brook with its stringent rules and zoning
regulations
I realized at that moment, with such clarity, that Oak Brook's stringent rules protected all
of its citizens and that, that now, included me. I felt such pride in belonging to a
community which so zealously guarded the interests and welfare of its citizens.
That the Planning Commission and the Zoning Board have granted Mr. Rocca relief from all
adherence to the zoning restrictions is an abrogation of the public trust. These zoning
restrictions were put into effect to protect the local citizenry from commercial properties.
It is embarrassing to have to state the above, but it seems as if the Planning Commission
and the Zoning Board have forgotten that crucial fact.
You were given the power by the citizenry of Oak Brook to act on their behalf. You are
entrusted with the safekeeping of all of Oak Brook's citizens, no matter where they reside
within the Village. I ask you to uphold this sacred public trust.
Respectfully,
Mary Lebbin
(630) 789-8621
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FCOUNty'
VI LLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
PHONE: 630 990-3000
FAX: 630 990-0876
MEMO
April 22, 1998
TO: President Bushy and Board of Trustees
FROM: Tom Hawk, Director of Community Developmen
14
SUBJECT: Rocca -3824 York Road -Zoning Map Amendment-Variations- Special Use
Historic Graue Mill Gateway Area Certificate of Appropriateness- Flood Plain
Special Use
The Plan Commission and the Zoning Board of Appeals have concluded their hearings with respect
to the Rocca proposal for the redevelopment of the automotive service station property at 3824 York
Road. Both bodies have recommended across the board approval of all of the requested actions.
In addition to the above, it will be necessary for you to approve the following:
1. Entering into a new agreement with the owner of the home at 3900 York Rd. and Mr.
Rocca regarding the use of the unimproved Glendale Ave. right of way for a private
driveway.
2. Joining with Mr. Rocca and the Mitchell's in doing whatever is necessary to set aside
the court orders currently affecting the use of the property.
If it is your wish to proceed toward approval of this proposal it would be appropriate to pass
a voice motion authorizing Attorney Martens to draft the necessary documents (ordinances,
agreements, etc.)to be brought back to you for action at your May 12, 1998 meeting.
Conditional Elements:
The following conditional elements should be included in any approval of this proposal:
1. The property shall be developed in substantial accordance with the Site Plan,
Landscape Plan, and Elevation Plan as submitted.
2. The Flood Plain Special Use shall be subject to final engineering approval and
Include requirements for maintenance of the stormwater management facilities.
BOT-Rocca REC.doc
April 22, 1998
President Bushy and Board of Trustees
RE: Rocca - 3824 York Road
Page Two
Background
For a detailed review of this proposal, please see my memo to the Plan Commission and Zoning
Board of Appeals on March 11, 1998 (page 11-11d of this file).
Comment
We have not received any comments from either of the abutting residential property owners and
they were notified as part of our notification procedure. Based on testimony of the petitioner, the
property owner to the west would like to see a six (6')foot solid fence along the abutting lot line. I
have discussed the proposal with the son of the owner of the property to the north (Mr. Greco) but,
as of now, have received no further comment.
TRH/gp
cc: Petition files
BOT-Rocca REC.doc
OVA
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
PHONE: 630 990-3000
FAX: 630 990-0876
April 22, 1998
President Bushy and Board of Trustees
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60521
RE: Rocca - 3824 York Road - Zoning Map Amendment-Variations - and Special
Use Historic Graue Mill Gateway Area Certificate of Appropriateness - Flood
Plain Special Use
Dear President Bushy and Board of Trustees:
The Zoning Board of Appeals at its meeting on April 7, 1998, held the required Public Hearing
regarding the Rocca proposals for the redevelopment of the property at 3824 York Rd.
The Zoning Board of Appeals had received the Plan Commission recommendation of approval.
Several citizens, primarily representing the Historical Society, testified in opposition to the
proposals on the for the following reasons:
• The variations requested were excessive.
• The building size was too large.
• The development didn't fit the intent of the Historic Graue Mill Gateway Area.
• There was an inadequate buffer to the neighboring residential homes.
• One citizen suggested that the property should be acquired by either the DuPage
Forest Preserve District or by the Oak Brook Park District.
The Zoning Board of Appeals members did not agree with these objections and noted that the
immediate neighbors, which will be most affected by the project, have not raised any objections.
The consensus of the Board was that the proposed Rocca development is an attractive solution
to the long standing distressed condition of the property that currently exists.
owe
• •
April 22, 1998
President Bushy and Board of Trustees
RE: Costco Wholesale - 1901 -22nd Street
Page Two
In a series of motions, the Zoning Board of Appeals recommended approval of the following:
1. Rezoning of Parcel 2 from R-3 to B-3.
2. Approval of the setback variations, fence variations, loading berth variations, and
signage variation.
3. Approval of the bank drive-thru Special Use.
4. Approval of the Flood Plain Special Use subject to final engineering approval and
including a provision for maintenance of the flood management facilities.
The above actions were all by votes of 6 to 0 with the exception of the setback variations where
one member had reservations regarding the rear yard setback.
Very truly yours,
NOTE:Chairman Davis has reviewed and verbally approved the content
of this letter pending his signature. The signed original will be
placed in the official file upon receipt.
Champ Davis
Chairman
Zoning Board of Appeals
cc: Petition file
�r
OAK BROOK H ISTORI C A L SO C I E T Y
P.O. BOX 3821 OAK BROOK, ILLINOIS 60522
April 16, 1998
Ms. Karen Bushy, President
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
Dear Ms. Bushy:
The Oak Brook Historical Society board voted unanimously to oppose the
proposal to include a rezoning of the residential R-3 parcel and the
construction of a jewelry store and bank building at 3824 York Road in
the Historic Gateway.
The serious precedent of the number of the required variations requested
by the petitioner was ignored by the Oak Brook Plan Commission and the
Zoning Board of Appeals.
The portion of the parcel zoned residential R-3 has been maintained by
prior boards as a buffer between commercial and residential properties.
The owner of the operating gas station simply was given permission to
park cars on half of the R-3 parcel .
The proposed construction is EXCESSIVE for the property and certainly
NOT APPROPRIATE in the Historic Gateway. Approval of the numerous
variations requested, above all , would create very dangerous and critical
PRECEDENTS in zoning for the Village of Oak Brook.
Over recent years, a total of over $5 million has been invested on the east
side of York Road to protect the Historic Gateway from commercial encroachment.
The amount has been paid jointly by the Forest Preserve District of DuPage
County, State of Illinois and also the Villages of Hinsdale and Oak Brook.
The lands, which had been zoned commercial -and were purchased, include 12.5
acres north of Salt Creek, the Schwendener property, and property lying
between the Sav-Way Liquors and the Forest Preserve.
Changing the zoning of the property at 3824 York Road from R-3 to commercial
B-3 will trigger commercial use along the length of the west side of Spring
Road in the Historic Gateway. What has been averted at great expense for
the east side of York Road in the Historic Gateway will be completely reversed
in respect to the west side of Spring Road in the Historic Gateway.
The Oak Brook Historical Society urges the Village of Oak Brook Trustees to
deny the proposal under consideration.
Sincerely,
Mary Elflen Mauro
Secretary of the Board
cc: Village of Oak Brook Trustees
"Pic-, Fig Z
KAnW N 3 us J ��•
George&Dottie Homeyer
27 Windsor Dr.
Oak Brook, Ill.60523
April 6, 1998
Oak Brook Zoning Board of Appeals
Oak Brook,I11.
To Whom It May Concern:
We recently received a notice from the Oak Brook Historical Society asking us to support them in
protesting the rezoning of land at 3824 York Rd. For the last several years a dilapidated gas station and
car repair shop has been at this location. We feel that the proposed bank and jewelry store would be a
greater enhancement to the area than the current structure that exists. We support the necessary changes in
the zoning to bring about the beautification of this property.
Sincerely,
Dottie Homeyer
RECEIVED
APR ' 8 1998 a
V. ROCCA - 3824 YORK ROAD - ZONING MAP AMENDMENT- VARIATIONS AND
SPECIAL USE HISTORIC GRAUE MILL GATEWAY AREA CERTIFICATE OF
APPROPRIATENESS - FLOOD PLAIN SPECIAL USE
David Gooder, Attorney for Allen Rocca, contract purchaser of 3824 York Road, reviewed the
background and history of the property. He then reviewed the proposed changes to the site
describing the building being scaled down to a residential feel with a low roof, double hung windows,
canopies and walkways. The property is the first seen or the last viewed in Oak Brook, and they want
it to identify with the Gateway area.
There currently exists a six foot fence that will be remodeled and be extend to the far west corner.
This was added to the petition at the neighbors request and they have approved the location. They
have talked to the property owner to the north and have not yet received a final statement regarding a
fence along the north side of the property.
The Village Engineer determined several years ago that part of the property was located in the flood
plain. Earlier it had been classified as totally out of the flood plain. The proposal involves a total
removal of the former service station and all accessory facilities. The new structure will be an
attractive two-story business building with a stone exterior and a parking lot in front of the building. It
also includes providing all the stormwater storage required by the Village, by a combination of
underground piping under the parking area in the front of the building and a detention basin at the
north end of the property that wraps around the west side of the property.
The ground floor of the building will have a drive-in bank and jewelry store, and the second floor will
have professional offices. The subject property is located on a busy street, across from the Sav-Way
Liquor store, and just north of office buildings and a McDonald's. North of the property there is a
vacant strip of land, property owned by the Forest Preserve District, including the Graue Mill. On the
west side of Spring Road are several residential homes and the Village Gate Tavern, followed by
more residential homes.
The property consists of two lots. Hawk noted that the north lot has not had a structure on it in recent
years, but is approved under the Court orders for accessory parking to the service station.
Bob Mifflid, Architect, reviewed the issues on the property. The property is at the very beginning of
town, a gateway into Oak Brook. It is located in a historic area, and the owner was seeking a
traditional commercial building. The two-story brick and masonry building with wood accents was
designed to be compatible to the kind of issues that are being developed in the historic district. He
reviewed the design and uses of the building. It will house Rocca Jewelry and a full service bank with
two drive-in teller stations on the first floor. The second floor will be office space that is accessible to
a centrally located atrium tower for use when the other businesses are not open. They are proposing
to replace an existing fence with a new wood fence at the rear of the property. Hawk noted that the
fence along the west and north end was not part of the original plan, but was added to the plan to
address possible concerns of the two neighbors.
Gooder noted there is a driveway on Glendale Avenue that is a right-of-way owned by the Village that
is used by the property owner by way of agreement with the Village. The bank drive-in will exit onto
Glendale and will have to be shared with the property owner.
Hawk clarified that the driveway would have to be increased to handle two-way traffic. The driveway
exists by an agreement with the Village to allow the property to the west (3900 York) to maintain a
ZONING BOARD OF APPEALS Minutes April 7, 1998 O?
"/* 5 rll
private driveway on a public right of way. To his knowledge the Village has no intent to improve the
Glendale Avenue right of way, it dead ends shortly to the west of the home. Without the right of way
the property (3900 York) would have been land locked. The solution to the problem was to allow the
property owner to make use of the right of way for a private driveway. Some form of three-party
agreement would be necessary between the property owners and the Village regarding the existence
and maintenance of the driveway.
Robert Fleck, Landscape Architect described the present landscape. The property is dominated by
buck thorn, which is the number one enemy of the forest preserves. It also has box elder and
Siberian elm which are all considered to be weed species that grow and die very fast. They plan to
remove and dominate the landscape with white pine, swamp white oak and red oak trees. Most of
the landscaping is along the southern part of the property and around the parking lot.. All Village
requirements will be met for caliper size and hedge plantings.
Jerry Miskovic, Laser Consulting Engineers, said the property is approximate .76 acres and there is
flood plain on the site. The flood elevation takes up about 50% of the lot. They are seeking to move
the flood plain farther to the north creating a flood plain detention basin that would provide the 1.5
compensatory storage as required. The stormwater management detention required for the site will
be under the parking lot in a 48" pipe. The flooding on the site does not necessarily occur at the time
of the heavy storms. It is a back flow system from Salt Creek where the water backs up through the
storm system and then comes in and floods the area. The condition will not be any different from
what it is today. They will not be raising any surrounding flood waters. The flood plain will remain at
the same elevation. The parking lot will be two feet above and the building will be three feet above
high water. They feel this stormwater management is viable and would work. It will not create
hazards or problems to people in the area. There will also be no damage to the building from the
flood plain.
Dave Gooder reviewed the zoning requests and believes they have met all the standards of the
Ordinance and the requests do not create danger or difficulty for the people or property in the area.
They are necessary because the property owner cannot yield a reasonable return on the property.
The physical shape, surroundings and topography create a hardship on the property owner. The
plight of the owner is due to unique circumstances and would not be applicable to other properties in
the Village. Granting the requests will not alter the essential character of the locality.
1. Rezone Parcel Two from R-3 to B-3. The parcel is less than ten thousand square feet
and would make it one of the smallest residential lots in Oak Brook and could not meet
any of the setbacks. The parcel will be a single zoning lot under single ownership and
control.
2. Variations requested:
a. To reduce the front setback from 100' to 73', the north side from 60' to 40', the
west side from 60' to 15 feet, and the rear yard setback from 60' to 20', per the
petition submittals
b. The ground sign, will comply with the symbol required by Graue Mill/Gateway Area
(based on bronze letters compatible with the building sign) illuminated by
landscape lights.
c. Off street loading berth locations.
d. Six foot solid wood fence on north and west boundary.
ZONING BOARD OF APPEALS Minutes April 7, 1998
3. Special Use bank drive-in.requires a Special Use Permit.
4. Flood Plain Special Use Permit will meet all the requirements of the Ordinance.
5. Certificate of Appropriateness since they are in the Historic Graue Mill/Gateway Area. The
Gateway development plan includes the site plan, landscape plan as well as design of the
building.
The request to rezone Parcel Two to B-3 is necessary to provide additional parking and the economic
value to support the cost of construction and maintenance. Not allowing the change diminishes the
property value and prohibits any development of the property at all.
Member Aldini questioned if there were any alternative plan. Gooder said that this is the only plan.
Based on the economics, it does not make financial sense because of the number of costs, price of
the property, it would not be economically feasible. They spent five months reviewing the property
and preparing a design to fit the site.
No one in the audience spoke in support of the petition.
Chairman Davis asked if anyone would like to speak in opposition to the request.
Mary Ellen Mauro, Secretary of the Oak Brook Historical Society, read a letter from the society stating
they object to the request. They feel it sets a precedent, is excessive, not appropriate for the
Gateway Area, and allows the commercial area to encroach the residential area.
Judy McDade, President of Fullersburg Woods Homeowners Association, read a letter in opposition
to the development. She cited the intent of the Zoning Ordinance, the present state of the structure
as "an eyesore" is the present owners fault. The bulk of the building should be reduced. Setback
variations are too close to neighboring property owner. She said that the Gateway Ordinance was
established to protect the area. She said there is too much building here for this small lot. She
believes this would be an over development of the site and not appropriate for this area.
O'Neil, resident questioned the water retention of the pipes, and felt a 6' wall was inappropriate.
Romanelli answered that the residential neighbor to the west requested the fence and the both
neighbors to the west and north of the property have no objections to the plan.
Mary Ann Levin, 3815 Washington, said she lives behind the development and they have water
management problems in the area. She questioned how the water was going back into Salt Creek
and not into their system.
Jerry Miskovic, responded by saying, the structure is in the right of way of York Road, and the system
picks up water in area. Most flooding occurs later . They are on the fringe and not taking it lightly.
They are trying to keep the area dry on top, they are keeping the water underground to keep it in and
out without problems to the neighbors.
Member Hasen questioned if the development will impact the residents. Miskovic, responded that it
would not.
Patrick Mauro, 38 Mockingbird, challenged Gooder that there are other uses for the property. The
property could be used by DuPage County or the Forest Preserve District. He also suggested the
ZONING BOARD OF APPEALS Minutes April 7, 1998
4�1 OUS66
Oak Brook Park District could be interested in purchasing the property. He said that Tom Hawk
should have contacted and consulted with the Forest Preserve District of DuPage County and the
Oak Brook Park District to see if they would like to buy the property.
Chairman Davis interrupted the resident's testimony when he appeared to be verbally attacking, staff,
the property owner, the petitioner, and petitioner's attorney.
Joe Rush, former Trustee, said that the proposed development is attractive and in the proper setting
would be very attractive. He felt the size of the project was too large for the site and too many
variations are being requested. He agreed to develop the site some relief would be necessary. He
felt it would be counter productive to allow commercial development on this site. He felt granting the
relief would be a mockery of the Zoning Ordinance and it would be opening the doors to allow the
commercial creep up York Road.
There was a general consensus among the Members that this appeared to be a very good solution to
the many problems on this piece of property. With and F.A.R. of .28, it is not an intensive use of the
property.
Member Aldini stated that he felt the rear setback requested was too small.
Member Ascher noted that he considered all the factors presented. The impact of this request would
be directly on the neighbors adjacent to the property. The neighbors have not spoken against the
proposal and none of them have sent a written objection or chosen to appear to object, even though
they have been notified and are aware of the proceedings.
Member Ascher moved, seconded by Member Shah, to recommend for approval the rezoning of
Parcel Two from R-3 to B-3 in substantial accordance with the plans as submitted: The Petitioner has
met the standards required as stated on pages D through D-4 of the Petition File.
ROLL CALL VOTE: Ayes: 6 - Aldini, Ascher, Butler, Hasen, Shah and Davis
Nays: 0 - None.
Absent: 1 - Dosedlo.
Motion Carried.
Member Ascher moved, seconded by Member Hasen that the Petitioner having satisfied the required
standards to recommend for approval the variations requested to the setbacks in substantial
accordance to the plans as submitted.
ROLL CALL VOTE: Ayes: 5 - Ascher, Butler, Hasen, Shah and Davis
Nays: 1 - Aldini.
Absent: 1 - Dosedlo.
Motion Carried.
Member Shah moved, seconded by Member Butler that the Petitioner having satisfied the required
standards to recommend for approval of the variation to allow the ground sign. It will comply with the
symbol required by the Graue Mill/Gateway Area.
ROLL CALL VOTE: Ayes: 6 - Aldini, Ascher, Butler, Hasen, Shah and Davis
Nays: 0 - None.
Absent: 1 - Dosedlo.
Motion Carried.
ZONING BOARD OF APPEALS MinutesApril 7, 1998
4 8 asp
Member Butler moved, seconded by Member Shah, that the Petitioner having satisfied the required
standards to recommend for approval the variation to allow the loading berth location, length and
enclosure as requested in the petition.
ROLL CALL VOTE: Ayes: 6 - Aldini, Ascher, Butler, Hasen, Shah and Davis
Nays: 0 - None.
Absent: 1 - Dosedlo.
Motion Carried.
Member Aldini moved, seconded by Member Shah, that the Petitioner having satisfied the required
standards to recommend for approval the Flood Plain Special Use Permit requested, subject to final
Engineering approval, including a stipulation for proper maintenance of the area.
ROLL CALL VOTE: Ayes: 6 - Aldini, Ascher, Butler, Hasen, Shah and Davis
Nays: 0 - None.
Absent: 1 - Dosedlo.
Motion Carried.
Member Ascher moved, seconded by Member Butler, that the Petitioner having satisfied the required
standards to recommend for approval the Special Use Permit to allow the Bank drive-in subject to the
condition that owner should alleviate any traffic stacking problems if they develop.
ROLL CALL VOTE: Ayes: 6 - Aldini, Ascher, Butler, Hasen, Shah and Davis
Nays: 0 - None.
Absent: 1 - Dosedlo.
Motion Carried.
Member Hasen moved, seconded by Member Shah, that the Petitioner having satisfied the required
standards to recommend for approval the variation to allow a six-foot high solid wood fence to be
placed along the west boundary of the property. The petitioner has sought this action at the request
of the adjacent property owner.
ROLL CALL VOTE: Ayes: 6 - Aldini, Ascher, Butler, Hasen, Shah and Davis
Nays: 0 - None.
Absent: 1 - Dosedlo.
Motion Carried.
Member Ascher moved, seconded by Member Shah, to table the variation request to allow a six-foot
high solid wood fence to be placed along the north boundary of the property pending the wishes of
the adjacent property owner.
ROLL CALL VOTE: Ayes: 6 - Aldini, Ascher, Butler, Hasen, Shah and Davis
Nays: 0 - None.
Absent: 1 - Dosedlo.
Motion Carried.
ZONING BOARD OF APPEALS Minutes April 7, 1998
FULLERSBURG WOODS AREA ASSOCIATION
P.O.BOX 5112
OAK BROOK, ILLINOIS
Oak Brook Zoning Board of Appeals
1200 Oak Brook Road
Oak Brook, Il . 60523
April 5, 1998
Re : Alan Rocca request for rezoning, variations and special use
of the property at 3824 York Road.
The Board of Directors of the Fullersburg Woods area Association
would like to go on record opposing the development as presented.
This is indeed one of the most complex applications ever to be
presented to Oak Brook. Please recall to mind the intent of the
zoning ordinance to control development in an orderly manner.
This is especially delicate when business abuts residential and
when a historic district is involved. There is no question that
the existing structure is an eyesore. This is of course really
no one' s fault except the present owner. It is also
understandable that some reasonable relief will have to be given
if the property is to be developed. But to grant all of the
relief that is being requested, that is essentially a variation
of every requirement in the ordinance, would be in effect to
trash the Oak Brook Zoning Ordinance and make it a useless
document . This would be very precedent setting for future
developers .
Here are some specific comments regarding the application and
testimony given at the Plan Commission Meeting of March 16, 1998 :
1 . The point was made that the Floor Area Ratio for this
project is only 0 . 28 when the B-3 district allows an
F.A. R. of 1 .2 . Please remember that the 1 . 2 F.A.R. assumes
that all of the set backs and yards are being met . When
variations are made of the magnitude requested, the the bulk
of the building should be reduced.
2 . Reducing the rear yard to only 15 or 20 feets falls far
short of the required 60 feet. The adjacent residential
property will not have the benefits of distance afforded
other residential developments in our village. This will
have a negative effect on the noise and odor .levels
experienced by the residence. Distance is an important
factor.
3 . With regard to the ground sign, Mr. Gooder' s letter
states that the building will be set back 130 to 140 feet
from the Roadway. This is hardly possible since the lot
depth is only about 142 feet deep. Furthermore, the
existing building which everyone complains about is very
visible form York Road.
4 . Rezoning the lot to the north of the gas station form
residential to B-3 would be inconsistant with the court
decree that only allowed the station to use half of the
property for parking. The other half was required to be
heavily screened as a buffer for the residence to the north.
5 . The statement was made that cost per foot of the project
would be among the most expensive ever developed in Oak
Brook. Spending more money than someone else should hardly
be the basis for zoning relief.
In conclusion, this is a delicate zoning area. Previous Boards
hacve been concerned about the possiblity of the Hinsdale
commercial buildings creeping up York Road. That is why the
Village of Oak Brook, along with the Village of Hinsdale, and the
DuPage County Forest Preserve invested about $11, 000, 000 in the
properties north and south of the Salt Creek for open space.
Allowing too much development on this parcel will undermine the
work of your predecessors .
Thank you for your careful consideration of these comments .
Judy McDade
President
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK , ILLINOIS 60523-2255
PHONE: 630 990-3000
March 30, 1998 FAX: 630 990-0876
MEMO TO: Tom Hawk,Director of Code Enforcement
FROM: Dale L.Durfey,Jr.,P.E.,Village Engineer
SUBJECT: Flood Plain Special Use-Rocca/Mitchell-3824 York Road
Village staff has met with the applicant's engineer,Jerry Miskovic,and are reviewing the technical aspects
for the compensatory storage. It appears that the applicant will be able to meet the compensatory storage
requirement between the open air storage area near the north lot line and the'underground piping. I will
keep you informed as our review proceeds.
7tz
itted,
Dale L.Durfey,Jr.,P.E.
Village Engineer
DLD/etk
Joseph C. Nessel
424 Canterberry Lane
Oak Brook, Illinois 60523
April 1, 1998
Dear Oak Brook Zoning Board Member.
1 am ,writing each member of the Oak Brook Zoning Board to request that the zoning
board abide by current zoning guidelines regarding the 3824 York Road Proposal. The
Oak Brook Planning Commission's recent recommendation to The Oak Brook Village
Board that the Village Board approve this proposal, based simply on a planning
commission member's statement that the property is an "eyesore", is a flagrant act of
shirking the responsibility Placed with the planning board by the Citizens of Oak Brook
Therefore. the zoning board should not simply"rubber stamp " the recommendations of
the planning board, "eyesore" or not. 1f the proposal for the property does not meet
current zoning codes for the property withow wirtance, no building should be built on the
property at 3821 York Road
Sincerely,
seph C Nessel
cc Hinsdale Doings- Letters To The Editor
�2l•
Ai
O A K BRO O K H I S T O R I CA L SO C I ETY
P.O. BOX 3821 OAK BROOK. ILLINOIS 60522
OAK BROOK n
P.O. F30X '3821 OAK BROOK. ILLINOIS
March 30, 1998
Mr. Champ Davis, Chairman
Oak Brook Zoning Board of Appeals
1200 Oak Brook Road
Oak Brook, Illinois 60523
Dear Mr. Davis:
The Oak Brook Historical Society board voted unanimously to oppose the
proposal to include a rezoning of the residential R-3 parcel and the
construction of a jewelry store and bank building at 3824 York Road
in the Historic Gateway.
The serious precedent of the number of the 'required variations requested
by the petitioner was ignored by the Oak Brook Plan Commission.
The portion of the parcel zoned residential R-3 has been maintained by
prior boards as a buffer between commercial and residential properties.
The owner of the operating gas station simply was given permission to
park cars on half of the R-3 parcel .
The proposed construction is EXCESSIVE for the property and certainly
NOT APPROPRIATE in the Historic Gateway. Approval of the numerous
variations requested, above all , would create very dangerous and critical
PRECEDENTS in zoning for the' Village of Oak Brook.
The Oak Brook Historical Society board urges the Zoning Board of Appeals
to deny the proposal under consideration.
Sincerely,
Mary Fllen Mauro
Secretary of the Board
cc: Louis Aldini
Richard E. Ascher
Adam Butler
Dorothy Dosedio
Hans..Hasen
Manu Shah
. Q20•
March 23, 1998
President Bushy and Board of Trustees
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523
RE: Rocca - Mitchell -3824 York Road
Zoning Map Amendment. Variations, and Special Use-Historic Graue Mill Gateway Area
Certificate of Appropriateness- Flood Plain Special Use
Dear President Bushy, Board of Trustees and Zoning Board of Appeals:
The Plan Commission, at their meeting on March 16, 1998, concluded their public hearing and review of
the Rocca proposals for the redevelopment of the property at 3824 York Road.
There was public testimony opposing the plan based on the size of the proposed building and variations to
the Zoning Ordinance.
It was the consensus of the Plan Commission that the existing condition of the property was deplorable
and that this proposal represented an attractive solution.
The Plan Commission, by a vote of 7 to 0, passed a motion recommending approval of the overall plan
and specifically the following:
1. The rezoning of Parcel 2 from R-3 to B-3.
2. The Special Use for the Bank Drive-in.
3. The Flood Plain Special Use based on final engineering approval.
4. The issuance of a Certificate of Appropriateness.
This motion was based on the concurrence of the members that the necessary standards as contained in
the Plan Commission Rules, Zoning Ordinance, and Chapter 10 of the Village Code were satisfied for the
Map Amendment, Special Use, Certificate of Appropriateness, and the Flood Plain Special Use.
Very truly yours,
NOTE: Chairman Aktipis has reviewed and verbally approved the content of
this letter pending his signature. The signed original will be placed in
the official file upon receipt.
Stelios Aktipis
Chairman
Plan Commission
cc: Petition file
Al.
•
V. CCA - 3824 YORK ROAD - ZONING MAP AMENDMENT- VARIATIONS - AND
PECIAL USE - HISTORIC GRADE MILL GATEWAY AREA CERTIFICATE OF
APPROPRIATENESS - FLOOD PLAIN SPECIAL USE
David Gooder, Attorney for Allen Rocca, contract purchaser of 3824 York Road, reviewed the
background and history of the property. He passed out pictures to the Members of the property
as it exists showing the boarded up gas service station. He then passed out a picture of the
proposed development. The service station has not been used for approximately 5 years.
The Village Engineer determined several years ago that a great part of the property was
located in the flood plain. Earlier it had been classified as totally out of the flood plain. The
proposal involves a total removal of the former service station and all accessory facilities. The
new structure will be an attractive two-story business building with a stone exterior and a
parking lot in front of the building. It also includes providing all the stormwater storage required
by the Village, by a combination of underground piping under the parking area in the front of the
building and a detention basin at the north end of the property that wraps around the west side
of the property.
The ground floor of the building will have a drive-in bank and jewelry store, and the second floor
will have professional offices. The subject property is located on a busy street, across from
the Sav-Way Liquor store, and just north of office buildings and a McDonald's. North of the
property there is a vacant strip of land, property owned by the Forest Preserve District,
including the Graue Mill. On the west side of Spring Road are several residential homes and
the Village Gate Tavern, followed by more residential homes.
The property consists of two lots. Hawk noted that the north lot has not had a structure on it in
recent years, but is approved under the Court orders for accessory parking to the service
station.
Bob Mifflin, Architect, reviewed the issues on the property. The property is at the very
beginning of town, a gateway into Oak Brook. It is located in a historic area, and the owner was
seeking a traditional commercial building. The two-story brick and masonry building with wood
accents was designed to be compatible to the kind of issues that are being developed in the
historic district. He reviewed the design and uses of the building. It will house Rocca Jewelry
and a full service bank with two drive-in teller stations on the first floor. The second floor will be
office space that is accessible to a centrally located atrium tower for use when the other
businesses are not open. They are proposing to replace an existing fence with a new wood
fence at the rear of the property. Hawk noted that the fence along the west and north end was
not part of the plan, but was encouraged by the two residential neighbors.
Gooder noted there is a driveway on Glendale Avenue that is a right-of-way owned by the
Village that is used by the property owner by way of agreement with the Village. The bank
drive-in will exit onto Glendale and will have to be shared with the property owner.
Hawk clarified that the driveway would have to,be increased to handle two-way traffic. The
driveway exists by an agreement with the Village to allow the property to the west (3900 York)
to maintain a private driveway on a public right of way. To his knowledge the Village has no
intent to improve the Glendale Avenue right of way, it dead ends shortly to the west of the
home. Without the right of way the property (3900 York) would have been land locked. The
solution to the problem was to allow the property owner to make use of the right of way for a
private driveway. Some form of three-party agreement would be necessary between the
property owners and the Village regarding the existence and maintenance of the driveway.
PLAN COMMISSION Minutes - MARCH 16, 1998
1� 13 is,
Robert Fleck, Landscape Architect described the present landscape. The property is
dominated by buck thorn, which is the number one enemy of the forest preserves. It also has
box elder and Siberian elm which are all considered to be weed species that grow and die very
fast. The plan to remove and dominate the landscape with white pine, swamp white oak and
red oak trees. Most of the landscaping is along the southern part of the property and around
the parking lot. All Village requirements will be met for caliper size and hedge plantings.
Jerry Miskovic, Laser Consulting Engineers, said the property is approximate .76 acres and
there is flood plain on the site. The flood elevation takes up about 50% of the lot. They are
seeking to move the flood plain farther to the north creating a detention basin that would
provide the 1.5 compensatory storage as required. The detention required for the site will be
under the parking lot in a 48" pipe. The flooding on the site does not necessarily occur at the
time of the heavy storms. It is a back flow system from Salt Creek where the water backs up
through the storm system and then comes in and floods the area. The condition will not be any
different from what it is today. They will not be raising any surrounding flood waters. The flood
plain will remain at the same elevation. The parking lot will be two feet above and the building
will be three feet above high water. They feel this stormwater management is viable and would
work. It will not create hazards or problems to people in the area. There will also be no
damage to the building from the flood plain.
Dave Gooder reviewed the zoning requests and believes they have met all the standards of the
Ordinance and the requests do not create danger or difficulty for the people or property in the
area. They are necessary because of the impact of and the size of the property:
1. Rezone Parcel Two from R-3 to B-3. The parcel is less than ten thousand square
feet and would make it one of the smallest residential lots in Oak Brook and could
not meet any of the setbacks. The parcel will be a single zoning lot under single
ownership and control.
2. Variations requested:
a. to the setbacks per petition submittals
b. to the ground sign, will comply with the symbol required by Graue
Mill/Gateway Area (based on bronze letters compatible with the building sign)
illuminated by landscape lights
c. loading berth locations
d. fence six foot solid wood fence on north and west boundary
3. Special Use bank drive-in requires a Special Use Permit
4. Flood Plain Special Use Permit will meet all the requirements of the Ordinance.
5. Certificate of Appropriateness since they are in the historic Gateway/Graue Mill
Area. The Gateway development plan includes the site plan, landscape plan as well
as design of the building.
Chairman Aktipis asked if anyone would like to speak in favor of the request.
Mrs. Frank Mitchell, owners of the propprty said they are in favor of it.
Chairman Aktipis asked if anyone would like to speak in opposition to the request.
Joe Rush said that in 1987 when it flooded the water was waist deep. It looks like a nice
building, but it strikes him as putting ten pounds of potatoes in a five pound bag. With the
setback requirements, one of the most important is the 60 feet back from residential property.
PLAN COMMISSION Minutes - MARCH 16, 1998
(14
f
He has not heard that it will be met. The part of the property to the north was meant to be a
buffer and was never used for gasoline-purposes. To include it as commercial is allowing it to
creep into this area. When he was on the Board they were concerned about the whole area.
He has been trying to protect the residential area for forty years. He believes it should be
denied.
Audrey Mueschler, representing the Oak Brook Historical Society, objects to the request. She
said that the Gateway Ordinance was established to protect the area. She said there is too
much building here for this small lot. She believes this would be an over development of the site
and not appropriate for this area.
Mrs. Frank Mitchell noted that there has never been any water on the property. Furthermore,
the property was not located in the flood plain when they purchased the property.
Dave Gooder commented that B-3 zoning allows for a 1.2 Floor Area Ratio (F.A.R.), they will
using only .26 F.A.R.
Chairman Aktipis said that he believes this is a special parcel with special conditions attached
to it. If exceptions are not granted, it cannot be developed. Dave Gooder added that it would
be impossible to build anything on the property and meet the Code.
There was a general consensus among the Members that this appeared to be a very good
solution to the many problems on this piece of property. It is not an intensive use of the
property bordering the residential area.
Member Pequet added that for nineteen years he has been driving by the property daily and it
had become an eyesore for the Village. He said it is fortunate to have someone seriously deal
with so many issues on this parcel. He knows there have been many ideas for this site and this
plan appears to be the most viable to come along and believes this will be a good addition to
the area.
Chairman Aktipis said that it appears the Petitioner has met necessary standards contained in
the Plan Commission Rules, Zoning Ordinance, and Chapter 10 of the Village Code was satisfied
for the Map Amendment, Special Use, Certificate of Appropriateness, and the Flood Plain Special
Use.
Member Pequet moved, seconded by Member Tappin, to recommend for approval the overall
plan and specifically the following:
1. The rezoning of Parcel 2 from R-3 to B-3.
2. The Special Use for the Bank Drive-in.
3. The Flood Plain Special Use based on final engineering approval.
4. The issuance of a Certificate of Appropriateness.
ROLL CALL VOTE: Ayes: 7 - Aktipis, Allen, Girgis, Goel, Mueller, Pequet. and Tappin.
Nays: 0 - None.
Motion Carried.
PLAN COMMISSION Minutes MARCH 16, 1998
1-Y
15
CERTIFICATE OF PUBLICATION
Paddock Publications, Inc.
Daily Herald
Daily Herald Values
A Corporation organized and existing under and by virtue of the laws of the
State of Illinois, DOES HEREBY CERTIFY that it is the publisher of the
DAILY HERALD. That said DAILY HERALD is a secular newspaper
and has been published daily in the Village of Oak Brook
County(ies) of
DuPage and State of Illinois,
continuously for more than one year prior to the date of the first publication
Leal Notice
e notice hereinafter referred to and is of general circulation throughout
NOTICE IS HEREBY G EN that a public hearing before theVillage, County(ies) and State.
Zoning Board of Appeals of the Village of Oak Brook.DuPage and
Cook Counties.Illinois.will be held on Apra 7.1998 The public
hearing will be heard at 7:30 p.m.in the Oak Brook Village Hall.
1200 Oak Brook Road.Oak Brook.Illinois 60523 for the purpose
of considering the application of Alan Rocca, 114 Canterberry.
Lane.Oak Brook.Illinois 60523 for variations for the oroperty le--her certify that the DAILY HERALD is a newspaper as defined in an
gaily described below.
The Zoning Board of he application for Variations as provideC Appeals public hearing will be for the
urpose of considering the revise the law in relation to notices" as amended in 1992 Illinois
p
for under Section XIII(G)of the Zoning Ordinance of the Village of
Oak Brook.Oak Brook.Illinois Ordinance G-60 as amended. sled Statutes, Chapter 715, Act 5, Section 1 and 5.
The property may be generally described as 3824 Yorke P
Road,Oak Brook.Illinois,and the legal description is as follows:
Parcel 1:Lot 1 in Lynch's Assessment Resubdivision of part
of Tract B.in J.Lynch Second Plat of Survey(Recorded February
11,1954 as Document Number 707775)of part of Lot 1 in Gmoser
and Bluma's Plat of Survey(Recorded June 18.1949 as Docu- a notice of which the annexed printed slip is a true copy, was
ment Number 570094),in the South'/.of Section 36.Township 39
North.Range 11.East of the Third Principal Mendiar,accordindgShed March 19, 1998
to the Plat of said J.Lynch's Assessment Resubdivision Recor
ed May 2,1957 as Document Number 840938,in DuPage Coun-
ty.11linoic. in said DAILY HERALD.
Parcel 2:That part of Tract B,in J.Lynch Second Plat of Sur-
vey(Document Number 707775).a part of Lot 1,Gmoser and
Bluma's Plat of Survey situated in that pan of the South'/.of Sec-
tion 36.Township 39 North,Range 11,East of the Third Principal
Meridian,bounded and described as follows to wit:Commencing WITNESS WHEREOF, the undersigned, the said PADDOCK
at the South-West comer of the South-East 'h of Section 36.
Township 39 North,Range 11:East of the Third Principal Meridi-
an.
Thence East along the south line of Section 36.a distance of ICATIONSInc., has caused this certificate to be signed b
280.5 feet to a point in the center line of Spring Road as now plat , y
ted and recorded:thence North-Westerlyalong the center line of
said Spring Road.a distance of 245.90 fet to the point of begin-!T JOHNSON, its Asst. Treasurer, at Arlington Heights, Illinois.
ning thence still along said center line of Spring Road.a distance
of 85.0 feet to a point,thence South 62 degrees 01 minute West,a
distance of 175.0 feet to a point,thence South 27 degrees 59 min-
utes East,a distance of 60 feet to a point.thence North 70 de-
grees 09 minutes East,a distance of 176.78 feet to the point and
point of beginning,except that portion lying m Springg Road,dedi-
cated for highway purposes,all In DuPage County,Illinois.Permanent Parcel Numbers
06-36-308-013 and 06-36-308-014
The Petitionerto6)high
solid fencVariations along
th westtion and north)of PADDOCK PUBLICATIONS, INC.
ermit six foot 6')hi h solidd fences alon the west and north lot
Ines.
The Petitioner intends to redevelop the property with a two-
story office/retail building of approximate 8.820 square feet in I DAILY HERALD NEWSPAPERS
total floor area.The intended uses are as follows:Offices will oc-'
cupy the upper floor and a satellite bank with a drive-in and a jew-
elry store will occupy the ground floor.
All persons desiring to be heard in support of or in opposition
to the proposed Map Amendment,Variations.Special Use.Certif-
icate of Appropriateness and Flood Plain Special Use,or any pro-
vision thereof,will be afforded an opportunity to do so and may
submit their statements orally or in writing or both.The hearng
may be recessed to another date if notice of time and place there-
Otis J
publicly announced at e the i is given by newspaper BY
publication not less than five 5 days prior to the date of the re-
cessed hearing.
In accord with the provisions of the American with Disabilities Assistant Treasurer
Act,any individual who is in need of a reasonable accommodation
in order to participate in or benefit from attendance at this public',
meeting should contact Michael Crotty,the Village's ADA Coordi-
nator,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 of Community Development.Persons wish-
ing to examine the petition documents may arrange to do so with
the Director of Community Development.Thomas Hawk,Village
of Oak Brook,1212 Oak Brook Road,Oak Brook,IL 60532,tete- Control # 1148063
phone 630/990-3045.
LINDA GONNELLA
Village Clerk
Published at the direction of the Corporate Authorities and
the Zoning Board of Appeals of the Village of Oak Brook,DuPage,
and Cook Counties.Illinois.
Published in the Daily Herald Mar 19.1998(1148063) S1
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60523-2255
PHONE: 630 990-3000
FAX: 630 990-0876
MEMO
March 16, 1998
TO: Plan Commission
FROM: Tom Hawk, Director of Community Development
SUBJECT: Rocca (Mitchell) - 3824 York Road
Fence Variations
The petitioner has requested additional variations to allow a six foot (6') high solid fence along the
west and/or north lot lines (see attached).
This is being done in anticipation that the adjacent property owners may request them.
We are publishing an addendum to the Legal Notice in time for these variations to be included in the
April 7, 1998 Zoning Board of Appeals public hearing.
TRH/gp
cc: Petition files
LORD, BISSELL & BROOK
115 SOUTH LA SALLE STREET
CHICAGO, ILLINOIS 60603 LOS ANGELES OFFICE
300 SOUTH GRAND AVENUE,8TH FLOOR
(312) 443-0700 LOS ANGELES,CALIFORNIA 9007 1-3200 '
(2 3)485-1500
CABLE: LOWIRCO CGO TELECOPY:(213)485-1200
TELEX: 25-3070
ATLANTA OFFICE
TELECOPY: (312) 443-0336 ONE ATLANTIC CENTER
110 0 Jori Boulevard 201 W ATLANTA,GEORGIA 30309EACHTREE STREET, E 3700
1404)870-4600
Suite 243 TELECOPY:(404)872-5547
630/990-0561 Oak Brook, IL 60523 LONDON OFFICE
LLOYD'S,SUITE 995
1 LIME STREET
LONDON EC3M 7DO ENGLAND
0171-327.4534
TE LEC0PY:0171-929-2250
March 16 , 1998
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523
Att 'n : Thomas Hawk
Director of Community Development
Re : Petition Application for Public
Hearing of Alan Rocca, 3824 York Rd .
Dear Tom :
At the request of my client , Alan Rocca , I wish to
request the following additional variation:
C-4 . Approval of the right to construct and maintain
a 6 ' closed fence on the north side of Lot 2 if ,
prior to the public hearing, it is requested by
the owner of the property immediately north of
said Lot 2 .
Please treat this letter as a request for an additional
amendment to Rider A of Mr. Rocca ' s application filed February 16 ,
1998 .
SWere y yours ,
David M. Gooder
DMG :pg
cc A. Rocca
J. Romanelli
R. Mifflin
J. Miskovic
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IL
LORD, BISSELL & BROOK
its SOUTH LA SALLE STREET
CHICAGO, ILLINOIS 60603 LOS ANGELES OFFICE
300 SOUTH GRAND AVENUE,STH FLOOR
1312) 443-0700 LOS ANGELES,CALIFORNIA 90071-3200
1213)455-1500
CABLE: LOWIRCO CGO TELECOPY:(213)455-1200
TELEX: 25-3070 ATLANTA OFFICE
110 TELECOPY: (312) 443-0336 ONE ATLANTIC CENTER
0 J o r i e Boulevard 201 W. PEACHTREE STREET,SUITE 3700
ATLANTA,GEORGIA 30309
Suite 243 (404)570-4600
TELECO PY:14041 872-5547
630/990-0561 Oak Brook, IL 60523 LONDONOFFICE
LLOYD'S,SUITE 995
I LIME STREET
LONDON EC3M 7DO ENGLAND
0171-327-4534
TELECO PY:0171-929-22 50
March 11, 1998
Village of Oak Brook VIA FACSMILE AND
1200 Oak Brook Road REGULAR MAIL
Oak Brook, IL 60523
Att ' n: Thomas Hawk
Director of Community Development
Re : Petition Application for Public
Hearing of Alan Rocca , 3824 York Rd .
Dear Tom :
At the urging of the owner of the property immediately
west of 3824 York Road , my client , Alan Rocca , wishes to request
the following additional variation :
C-3. Approval of a right to maintain, and perhaps remodel ,
the existing 6 ' closed fence on the west side of Lot 1
and extend .it along the west side of Lot 2 . (See
attached drawing . )
Please treat this letter as requesting an amendment
to Rider A of Mr . Rocca ' s application filed February 16 , 1998 .
S erely yours,
David M. Gooder
DMG :pg
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cc A. Rocca
J . Romanelli
R. Mifflin
J. Miskovic
oL—
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AP
ROCCA
ZONING MAP AMENDMENT
VARIATIONS SPECIAL USE
INDEX
PAGE CONTENTS
11-11d Informational Memo from Hawk to Zoning Board of Appeals dated March 11, 1998
10 Memo from Durfey re: Initial Plan Review
9 Resident Letter dated March 9, 1998
8 Certificate of Publication dated February 27, 1998 and March 11, 1998
(not included)
7 Board of Trustees Referral Meeting Minutes dated February 24, 1998
6 Referral Memo to Board of Trustees from Hawk dated February 17, 1998
5-5g Flood Plain Special Use, DuPage County Countywide Storm Water and Flood
Plain Ordinance
4-4c Variations, Zoning Ordinance, Section XIII, (G) (pages. 966-969)
3-3a Amendments, Zoning Ordinance, Section XIII (1) (pages. 970-971)
2-2f Historic Graue Mill Gateway Area, Zoning Ordinance, Section VIII-A, (E-K)
(pgs. 920-4 - 920-10)
1-1b Special Uses, Zoning Ordinance, Section XIII (J) (pages 971-973)
*******************
A-A3 Application/Petition and Rider A
B Fee/Receipt
C-C6 Surrounding Property Owners List (Rider B)
D-D4 Letter of Explanation and Factors
E Aerial Map Showing Surrounding Property
F Intergovernmental Agreement re: Driveway dated 4/24/89
G-G1 Illinois Environmental Protection Agency letter to Mitchell dated 11/15/96
re: Further Remediation Not Necessary
H-1-114 Standing on Property- Contract
I Landscape Plan and Plant Notes - (Not attached)
J Engineering Plans
K Site Plan
L Front Elevation
M South and North Elevation
N West Elevation
0 Topographical Survey with Legal Description (Key Files Only)
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK , ILLINOIS 60523-2255
PHONE: 630 990-3000
FAX: 630 990-0876
MEMO
March 12, 1998
TO: Plan Commission and Zoning Board of Appeals
FROM: Tom Hawk, Director of Community Development
SUBJECT: Rocca (Mitchell) - 3824 York Road
Zoning Map Amendment- R-3 to B-3
Variations -All Yards, Signs, and Loading Berth
Special Use - Bank Drive-In
Special Use or Agreement Regarding Private Drive on Glendale Avenue Right-of-Way
Flood Plain Special Use
Historic Graue Mill Gateway Area Certificate of Appropriateness
Other Relief as Necessary
As you can see by reviewing the subject of this memo, this may be one of the most complex
petitions ever processed in Oak Brook. In addition, underlying the above issues there are Court
Injunctions in place that further regulate the property that will have to be set aside.
For a more detailed description of the actions being sought, please look over the Rider A
attachment to the Application (Pages A-2 and A-3 of the Petition File).
Property History
Following, in outline form, is the relevant history of this property:
0 The property was probably developed as an Automotive Service Station in the late
1950's and operated as such until the early 1990's.
0 1962 -Annexed to the Village.
11.
March 12, 1998
Plan Commission and Zoning Board of Appeals
RE: Rocca - 3824 York Road
Page 2
0 1972 - First court decree establishing the property right to be used as a Service
Station and including conditional use of the north lot (R-3 zoned) for
automobile parking.
0 1972 - Property acquired by the Mitchelll's.
0 1979 - Second court decree affirming the first decree.
0 1992 - Underground Storage Tanks removed. As a result of inspections during tank
removal, the property was identified by the IEPA as a leaking underground
storage tank site. The property continued in use as an automotive repair
facility.
0 1992 to1996 - Site remediation efforts to satisfy Illinois Environmental Protection
Agency.
0 1994 - Repair activities terminated. The facility has been vacant since.
0 1996 - IEPA issues a letter indicating no further remediation is necessary.
0 1997 -Alan Rocca enters into a contract with the Mitchell's for the purchase of the
property.
0 1998 - February 16 - Petition was filed for the redevelopment of the property.
Property Description
The property is located on the west side of York Road at the southernmost boundary of the Village.
The property consists of two (2) parcels with a total area of approximately 31,100 square feet. The
property is irregularly shaped. The front lot width is 257'. The rear lot width is 181'. The lot depth is
142'.
Along the south lot line is the unimproved 50' Glendale Avenue right-of-way which is used under
agreement by the home to the west for a private driveway. The Village has no plans for improving
this right-of-way. It dead ends at the west side of the home property, and is only of use by these
two properties. The Hinsdale portion of this right-of-way was vacated at some past time and the
property has been developed for office use in Hinsdale.
Adjacent land uses are as follows:
To the North (R-3) -A modest size single-family home which has been owned and occupied
by the Greco family for about fifty years.
To the West (R-3) -A single-family home that was constructed in the early 1990's. Access
to this home is via a private driveway on the unimproved Glendale Avenue right-of-
way.
To the South (Hinsdale Offices) - Unimproved Glendale Avenue and an office building in
Hinsdale.
To the East (CR, B-3, and Hinsdale Businesses) - York Road and across it, Forest Preserve
property, Sav-way Liquors, and a McDonald's that is in the Village of Hinsdale.
The property is, in part, located within the regulatory flood plain.
11-a
March 12, 1998
Plan Commission and Zoning Board of Appeals
RE: Rocca - 3824 York Road
Page 3
PETITION ELEMENT ANALYSIS
Map Amendment
The petitioner is seeking rezoning of the north parcel to B-3 to eliminate the split zoning
situation. Leaving the property with split zoning would leave two smaller properties with
essentially the same problems—a more difficult challenge than this proposal. Alternatively,
rezoning the entire property to R-3 would be possible however, in light of the court decree
and the commercial viability established over the past fifty (50) years, this may not be
defensible.
Variations -Yard Setbacks
The petitioner is seeking relief from all four yard setback requirements. Application of the
setbacks specified within the zoning, especially the one hundred foot (100') setback from
York Road, yields a site with no buildable area. There is considerable legal precedent that
such an imposition is unacceptable and reasonable relief to allow reasonable development is
warranted. The relief requested will allow development with a two-story building with
approximately 8,800 square feet of floor area. This yields a Floor Area Ratio (F.A.R.) of
approximately 0.28. The permitted F.A.R. in B-1 and B-3 Districts are 0.5 and 1.2
respectively. The F.A.R. permitted in an ORA-1 district is 0.45. The proposed F.A.R. is
considerably below any of these standards.
Variation -Signage
The petitioner is seeking a ground sign which in a B-3 district is not permitted for lots under
three acres in area. The Historic Gateway overlay district calls for signs to be part of and
consistent with the "architectural concept."
I believe the petitioner would be amenable to a signage plan that allows a ground sign in
return for reduced area building signage. This suggestion, if accomplished tastefully and
harmoniously is a good response to the "Historic District" concept.
Variation - Off Street Loading Berth
The Ordinance calls for a loading berth located at the rear of the building and, when facing a
residential zoning district, enclosed by an eight foot (8) high wall. The petitioner is seeking
relief to allow the very limited amount of loading activities at this development to take place
jointly with the parking in the front of the building. I concur, that due to the size and type of
occupants, the loading berth needs for this building are minimal and allowing this activity in
the front parking area should not disrupt or interfere with parking needs to any appreciable
extent.
11-b
March 12, 1998
Plan Commission and Zoning Board of Appeals
RE: Rocca - 3824 York Road
Page 4
Variation - Fence Alonq the West Lot Line
At the date of this memo and apparently at the request of the homeowner to the west an
application for a variation to permit a six foot high solid fence along the west lot line has
been submitted. This will require an additional Legal Notice publication and a Public hearing
at the May 5, 1998 Zoning Board of Appeals Meeting. Consequently, the recommendation
by the Zoning Board of Appeals on the entire proposal cannot be completed until that time.
Special Use - Bank Drive-In
Banks are permitted uses in B-3 Districts and drive-ins for permitted uses are special uses in
B-3 Districts.
[Ali
The planned stacking of cars for the drive-in needs to be adequate to insure minimal
disruption of the other needs of the site and to have a very high likelihood of never extending
out to any public right-of-way.
Special Use Permit or Agreement to Utilize the Glendale Avenue Right-of-Way for Exiting-
from
xitingfrom the Drive-In.
Glendale Avenue is an unimproved public right-of-way that is used by agreement for a
private drive accessing the home to the west. The petitioner does have right of access to
this right-of-way and since there is no plan to improve it by the Village, joint use by the two
property owners would seem reasonable.
Flood Plain Special Use
This is a technical issue. If the proposed plan is found to be consistent with the Flood Plain
regulations, approval is warranted.
Certificate of Appropriateness
The petitioner is requesting issuance of a Certificate of Appropriateness based on the
requirements of the Historic Graue Mill Gateway overlay district. This is the most significant
request to date under these Zoning Ordinance provisions. Please review these provisions, a
copy of which is included in this file.
The architecture of the proposed building consists of a masonry/stone facade in a dark earth
tone color, and with medium sized windows that you may consider consistent with a
prosperous, well established business use of the late 19th century. The proposed building,
in conjunction with a good signage plan and well executed landscape plan should effectively
address the Historic Gateway Area objectives.
11-C
March 12, 1998
Plan Commission and Zoning Board of Appeals
RE: Rocca - 3824 York Road
Page 5
Comment
For the past seven years, I have been talking with various people regarding the use of this property.
In almost all cases the problems of the site discouraged them from pursuing the anticipated difficult
approval process. Also, in many cases, the proposed uses were of a considerably higher impact
type such as, fast food, automobile used car lot, twenty-four hour grocery, etc. The use proposed
by Mr. Rocca, with the initial generation of low impact occupants is the best plan suggested to date.
Based on what I know regarding the land and development costs of this proposal, this development
would be amongst the most expensive per square foot of any land ever developed in the Village.
Any serious tweaking of the site plan and yard setback variations that would reduce the size of the
building, may have a serious effect on the economic feasibility of the plan.
Plan Commission and Zoning Board of Appeals Responsibilities
Plan Commission and Zoning Board of Appeals
Map Amendment - R-3 to B-3 , e
Special Use for the Bank Drive-In
Flood Plain gZicial Use
Plan Commission f
Certificate of Appropriateness, including the overall site plans with the signage and loading
berths. `"-
``
Zoning Board of Appeals
All Variations
Board of Trustees
The Board of Trustees ultimately has final authority over all of the above and also the
decision making responsibility for the proposed private use of the Glendale Avenue right-of-
way and the removal or setting aside of the court decrees restricting the usage of the
property.
Conclusion
If it is your wish to recommend approval of this request, it would be appropriate to include in your
motion any conditions to be imposed and your findings with respect to the Special Use and Variation
Standards in the Zoning Ordinance (see pages 1-b and 4-b of this file) and the standards for Zoning
Ordinance Amendments contained within the Plan Commission Rules and Procedures.
TRH/gp
cc: Petition files
1-d
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK , ILLINOIS 60523- 2255
PHONE: 630 990-3000
March 10, 1998 FAX: 630 990-0876
MEMO TO: Tom Hawk,Director of Code Enforcement
FROM: Dale L.Durfey,Jr.,P.E.,Village Engineer
SUBJECT: Flood Plain Special Use-Northwest Corner York Road/Glendale Avenue
About the middle of February,I received one plan sheet from Dave Gooder which apparently is the site plan
for the above stated project. About that time, I also understood that an applicant filed for a Flood Plain
Special Use and other applications. I was awaiting receipt of the file to see the breadth of the applications
before sending the sheet to RUST for their review. On March 3rd, I sent the one site plan to RUST so that
they could at least begin their review even though I had not received a file. On March 9th, I received
another copy of the site plan for my review.
Due to the.timing of the above issues, only an initial review has commenced. I have been in contact with
RUST and the applicant's engineer concerning an initial meeting, to be held this Firday, in order to
ascertain the various issues involved with this particular application.
r
lly submitted,
Dale L.Durfey,Jr.,P.E.
Village Engineer
DLD/etk
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK , ILLINOIS 60523- 2255
PHONE: 630 990-3000
FAX: 630 990-0876
February 27, 1998
Dear Resident:
The Oak Brook Plan Commission, Zoning Board of Appeals, and the Village Board will be
considering a Zoning Map Amendment, Variations, Special Use, Certificate of Appropriateness, and
Flood Plain Special Use at the meetings as scheduled on the reverse side of this notice.
The application has been filed by: Alan Rocca
114 Canterberry Lane
Oak Brook, Illinois 60523
The property in question is located at 3824 York Road, Oak Brook, IL
Relationship of applicant to property: Contract Purchaser
Also shown on the reverse side of this notice 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:
The petitioner is seeking to redevelop the property with a new two-story Office/Retail building with a
total floor area of approximately 8800 square feet. The intended usage of the building is for offices
on the upper floor and a satellite bank facility with a drive-in and a jewelry store on the ground floor.
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
Rocca-res.ltr /A
Legal Notice
0
NOTICE IS HEREBY G N that a public hearing before the
Plan Commission n the Village of Oak Brook will ah held on CERTIFICATE OF PUBLICATION
March 16, 1998,and that a public hearing before the Zoning
Board of A eels of the Village of Oak Brook,DuPage and Cook
Counties,Illinois be held on April 7,1998.Both public hear-
willingswill t heard at 7:30 p.m.in the Oak Brook Village Hall,1200
Oak Brook Road,Oak Brook Illinois 60523 for the ppurpose of Paddock Publications, Inc.
considering the application of Alan Rocca,114 Canterberry Lane,
Oak Brook,Illinois 60523 to Map Amendment,Variations,Spe-
cial Use,Certificate of AOpropriateness and Flood Plan Special
Use for thepropertylegalllydescriaC ifig DailyHerald
The Plan Commission public hearing will be for the purposeofconsidering the application for a CertificateofApprpnatenes
as provided for in Section VIII(A)of the Zoning Ordinance of the
Village of Oak Brook,Oak Brook, Illinois,Ordinance G-60 as
purpose
pd.
ose Zoning Board of Appeals public hearing will be for the Daily Herald Values
purpose Zconsidering the application for Map Amendment,r the
ations,Special Use,and Flood Plain Special Use as provided for
under Section XIII(I)(G)and(J):.:he Zoning Ordinance of the
Village of Oak Brock Oak Brook, Illinois Ordinance G-60 as
amended,and under 6hapter JOS
10-35 of the Village of
Oak Brook Code,respectively. poration organized and existing under and by virtue of the laws of the
The property me y be generally described as 3824 York
Road, reel 1:LotIllinois,endt he legaldescnptionisasfollows: )f Illinois DOES HEREBY CERTIFY that it is the publisher of the
Parcel 1:Lot 1 in J.Lynch's Assessment Resubdivision of s
part of Tract B,in J.Lynch Second Plat of Survey(Recorded Feb-
ruary,,,
=and
Bl r Document Number 707775)of part of Lot 1 in Y HERALD. That said DAILY HERALD is a secular newspaper
Gmoser and Bluma's Plat of Survey(Recorded June 18,1949 as
Document Number 570094),in the South 1h of Section 36,Town-
ship 39 North,Range 11,East of the Third Principal Meridian,ac- Is been published daily in the Village of Oak Brook
cording to the Plat of said J,Lynch's Assessment Resubdivision
Recorded May 2,1957 as Document Number840938,in DuPage
County,Illinois. County(ies) of
Parcel 2:That part of Tract B in J.Lynch Second Plat of Sur-
vey(Document Number 707775,a part of Lot 1,Gmoser and DuPage
Bluma's Plat of Survey situated in that part of the South Y.of sec- and State of Illinois,
tion 36,Township 39 North,Range 11,East of the Third Principal
Meridian,bounded and described as follows to wit:Commencing uousl for more than one year prior to the date of the first publication
at the South-West comer of the South-East'/a of Section 36, y y
Township 39 North,Range 11;East of the Third Principal Meridi-
an;Thence East along the south line of Section 36,a distance of notice hereinafter referred to and is of general circulation throughout
280.5 feet to a point in the center line of Spring Road as now plat-
ted and recorded;thence North-Wester) along the center line of
said Spring Road,a distance of 245.90 feet to the point of begin• lllage, County(ies) and State.
ning thence still along said center line of Spring Road,a distance
of 85.0 feet to a point,thence South 62 degrees 01 minute West,a
distance of 1275.0 feet to a point,thence South 27 degrees 59
minutes East,a distance of 60 feet to a point,thence North 70 de-
grees 09 minutes East,a distance of 176.78 feet to the point and ter certify that the DAILY HERALD is a newspaper as defined in "an
point of beginning,except that portion lying in Spring Road,dedi-
cated for highway purposes,all in DuPage County,Illinois.
Permanent Parcel Numbers revise the law in relation to notices as amended in 1992 Illinois
06-36-308-013 and
06-36-308-014
The Petitioner is seeking the following: iled Statutes, Chapter 715, Act 5, Section 1 and 5.
A.Map Amendment to rezone Parcell(the northerly parcel)
from R-3 to B•3.
B.Variations to Section VIII(E)(4)to permit yards as follows:
1.Reduction of the front yard from 100 feet to 73 feet in
witdth. a notice of which the annexed printed slip is a true copy, was
2.Reduction of the north side yard from 60 feet to 40 feet in
width.
3.Reduction of the rearyardfrom 60feet toISfeet inwidth. fled February 27, March 11, 1998
4.Reduction of the south yard from 60 feet to 20 feet in width.
C.The following additional variations:
.variation to Section VI II(E)(5)to allow a round sign. in said DAILY HERALD.
Variation to Section XI(D)(i)to approve the location of the
off-street loading berth.
i D.Issuance of a Special Use Permit under Section VIII(E)(2)
(c)of the Village Zoning Ordinance to permit a bank drive-in.
E.Issuance of a Flood Plain specialUse Permit under Chap- JITNESS WHEREOF, the undersigned, the said PADDOCK
ter 10 Article II Section 10-34 of the Oak Brook Code to permit(a)
installation in Parcel 1 and Parcel 2 of underground pipes to pro-
vide afore a for stormwater and(b)excavation of a part of Parcel ICATIONS, Inc., has caused this certificate to be signed by
2 to provide a dry detention/storage basin for stormwater and(c)
necessary regrading. ' JOHNSON its Asst. Treasurer at Arlin ton Hei hts Illinois.
F.Issuance of a Certificate of Appropriateness under Section , , g g ,
i VIII-A of the Village Zoning Ordinance to permit construction and
landscaping in compliance with the Historic Graue Mill Gateway
Area requirements.
The Petitioner intends to redevelop the property with a two-
story office/retail building of approximately 8,820 square feet in
'total floor area.The intended uses are as follows:Offices will oc-
cupy the upppeer floor and a satellite bank with a drive-in and a jaw-
etrystore will occupy the gground floor.
All persons desiringlo be heard in support of or in opposition
to the proposed Map Amendment,Variations,Special Use,Certif-
icate of Appropriateness and Flood Plain Special Use,or any pro-
vision thereof,will be afforded an opportunityto do so and may DAILY HERALD NEWSPAPERS
submit their statements orally or in writingingoror both.The hearing
may be recessed to another date if notice of time and place there-
of is publicly announced at the hearing or is given by newsppaper
publication not less than five(5)days prior to the date of the re-
cessed hearing.
In accord with the provisions of the American with Disabilities
Act,any individual who is in need of a reasonable accommodation
in order to participate in or benefit from attendance at this public
meeting should contact Michael Crotty,the Village's ADA Coordi-
nator,at(630)990-5738 as soon as possible before the meeting
date. �...✓�e
The petitioner's application is on file with the Village Clerk BY
and with the Director of Code Enforcement.Persons wishing to `
examine the petition documents may arrange to do so with the Di-
rector ofCommunity Development,Thomas Hawk,Village of Oak Assistant asurer
Brook,1212 Oak Brook Road,Oak Brook,IL 60523,telephone
630/990-3045.
LINDA GONNELI.A
Village Clerk
Published at the direction of the Corporate Authorities and
the Zoningg Board of Appeals of the Village of Oak Brook,DuPage
and CookCounties,Illinois.
(112 306 hed in the Daily Herald Feb. 27, Mar. 11, 1998.
Control # 1126306
4?*
• ��OF 10 •
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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
February 17, 1998
TO: President and Board of Trustees
FROM: Tom Hawk, Director of Community Development
SUBJECT: Referral - Rocca - 3824 York Road
Zoning Map Amendment, Variations, and Special Use
Historic Graue Mill Gateway Area Certificate of Appropriateness
Flood Plain Special Use
We have received petitions from Allen Rocca for the old gas station property at 3824 York road. Mr.
Rocca plans to redevelop the property with a two-story combination office/retail building.
Please refer this to the Plan Commission for review and recommendation at their March 16, 1998,
meeting, and to the Zoning Board of Appeals for public hearing and recommendation at their
meeting on April 7, 1998.
TRH/gp
cc: Petition files
BOT-Rocca.REF
• •
E. REFERRALS: REFERRALS:
1. COSTCO WHOLESALE CORPORATION/KODAK(1901 22ND COSTCO WHOLESALE
STREET) ZONING AMENDMENT -VARIATION -- REFER CORPORATION/
TO PLAN COMMISSION MEETING OF MARCH 16. 1998 KODAK - VARIATIC
AND ZONING BOARD OF APPEALS MEETING OF APRIL 7. ZONING AMENDMENT
IM: Approved Omnibus Vote. (1901 22nd St.)
ZONING MAP
2• - ROCCA - ZONING
VARIATIONS AND SPECIAL USE -HISTORIC GRAUE MILL MAP AMENDMENT,
GATEWAY AREA CERTIFICATE OF APPROPRIATENESS VARIATIONS AND
FLOOD PLAIN SPECIAL USE -- REFER TO PLAN SPECIAL USE -
COMMISSION MEETING OF MARCH 16. 1998 AND ZONING HISTORIC GRADE
MILL CERTIFICATE
BOARD OF APPEALS MEETING OF APRIL 7. 1998: of APPROPRIATE-
Approved Omnibus Vote. NESS FPSU
(3824 York Rd.)
F. AUTHORIZATION TO SEEK BIDS OR PROPOSALS:
1. 1998 CRACK SEALING PROJECT: Approved Omnibus Vote. 1998 CRACK
SEALING PROJECT
G. REQUEST FOR AUTHORIZATION TO NEGOTIATE OBHCVC'-
CONTRACT FOR DEVELOPMENT& IMPLEMENTATION OF 1998 MARKETING
1998 MARKETING CAMPAIGN - OAK BROOK HOTEL_ CAMPAIGN
CONVENTION AND VISITORS COMMITTEE: Approved
Omnibus Vote.
H. APPROVAL OF DECLARATION OF EASEMENT. COVENANTS. EASEMENTS,
CONDITIONS AND RESTRICTIONS RE: STO MWAT R COVENANTS,
FACILITIES -401 GLENDALE AVENUE ( LOT 1 MIZFN'S CONDITIONS AND
SUBDIVISION): Approved Omnibus Vote. RESTRICTIONS
(401 Glendale)
1. ACCEPT AND PLACE ON FILE -TREASURER'S F.POR T OF TREASURER'S
JANUARY. 1998: Approved Omnibus Vote. REPORT-JAN. , '98
6. ITEMS REMOVED FROM OMNIBUS AGENDA: None.
7. ACTIVE AGENDA(Items For Final Action):
A. APPOINTMENTS: OAK BROOK HOTEL, CONVENTION AND APPOINTMENTS:
VISITORS COMMITTEE: OBHCVC -
STRASSER
Motion by Trustee McInerney, seconded by Trustee Savino, to concur MAXSON
with the recommendation of President Bushy and appoint Robert C. MERRILL
MIRA
Strasser, past President of the Oak Brook Area Association of CAMPA
Commerce & Industry, to the Oak Brook Hotel, Convention and FLEMING
VILLAGE OF OAK BROOK Minutes 3 of 8 February 24, 1998
Com' .
PLANNING AND ZONING § 10-32
DIVISION 2. PERMITTED AND SPECIAL
USES; VARIANCES
Sec. 10-31. Occupation and use of floodways.
(a) [Generally:) In floodways only those uses will be
permitted which will not:
(1) Affect the rate of flow or quantity of floodwaters
flowing into, over or off of the subject property;
(2) Affect the available detention area of the floodplain;
or
(3) Result in an increase in the risk of blockages forming
in a floodway during a flood.
(b) Permitted Uses: The following uses, when permitted by
the Oak Brook Zoning Ordinance, Ordinance No. G-60
[Appendix A of this Codej, as amended, of the Village of
Oak Brook, are found to have a low flood damage potential
and are specifically permitted if they will not obstruct flood
flows, provided that no structure, fill or storage of materials
or equipment is required:
(1) General agricultural or horticultural;
(2) Private and public recreational;
(3) Residential use as lawns, gardens or play areas.
_(c) Special Uses: Uses not listed above which are
permitted or special uses under the Oak Brook Zoning
Ordinance for the subject property may be allowed upon
issuance of a special use permit as set forth below. (Ord. No. '
G-217, § 2, 9-27-77)
Sec. 10-32. Occupation and use of floodway fringes. `
(a) [Generally:] In floodway fringes only those uses will be
permitted which will not affect the capacity of the floodway
fringe to store or detain floodwaters. j
(b) Permitted Uses: The uses listed in section 10-31(b) II
hereof.
Supp. No. 30 631
i
I
I
PLANNING AND ZONING 1 10-34
(ii) A public hearing has been held by the zoning board of
appeals, after due notice by publication as provided by
the applicable statutes of the State of Illinois for amend-
ments to a zoning ordinance and upon a report of the
plan commission to the board of trustees, if such a
report is made.
The concurring vote of four (4) members of the plan com-
mission and/or the zoning board of appeals shall be neces-
sary to recommend in favor of any application which is
brought before the respective hearing body pursuant to
this article.
(2) Initiation: An application for a special use may be
made by any person, firm or corporation or by any
office, department, board, bureau or commission
requesting or intended to request a zoning certificate
for property within a floodplain, as defined in this
article.
I
i
Supp. No. 30 632.1
z
10-:34 OAK BROOK CODE
f.
the plan commission for determining the suitability of
the particular site for the proposed use:
(i) Plans drawn to a readable scale showing location,
nature, dimensions and elevation of the lot,
existing or proposed structures, fill, storage of
materials, floodproofing measures, and the rela-
tionship of the above to the location of the
channel, floodway and the flood protection eleva-
tion.
(ii) Typical valley cross-section(s) drawn to a scale of
one (1) inch to one hundred (100) feet and a
vertical scale of one (1) inch• to ten (10) feet
showing the channel of the stream, elevation of
land areas adjoining each side of the channel,
cross-sectional areas to be occupied by the
proposed development, and high water elevation.
Cross-section intervals shall not exceed one
hundred (100) feet.
(iii) Plans (surface view) showing elevations or con-
tours of the ground; pertinent structure, fill or
storage elevations; size, location and spatial
arrangement of all proposed and existing struc-
tures on the site; location and elevations of
streets, water supply, sanitary facilities; soil
types; and other pertinent information. Contours
shall be shown at one-foot intervals.
(iv) Photographs showing existing land uses and t
vegetation upstream and downstream. I
(v) A profile showing the slope of the bottom of the
channel or the flow line of the stream.
i
(vi) Specifications for filling, grading, dredging, Chan-
nel improvements, storage of materials, water
supply and sanitary facilities.
(2) Transmit one copy of the information described in
subsection (b)(1) to the village engineer for technical
assistance, where necessary, in evaluating the pro-
posed project in relation to flood heights and
Supp. No. 3 634
. r
. 4i �
0
g 10-34 OAK BROOK CODE
(9) The safety of access to the property in times of flood
for ordinary and emergency vehicles;
(10) The expected heights, velocity, duration, rate of rise
and sediment transport of the floodwaters expected at
the site; and
(11) Such other factors which are relevant to the purposes
of this article.
(d) Conditions Attached to Special Use Permits: Upon
consideration of the zoning board of appeals and the plan
commission recommendations, the factors listed above, and
the purpose of this article, the president and board of
trustees may by ordinance grant, deny or attach such
conditions to the granting of special use permits as they
deem necessary to further the purposes of this article.
Among such conditions, without limitation because of
specific enumeration, may be included.
(1) Modification of waste disposal and water-supply
facilities;
(2) Limitations on periods of use and operation;
(3) Imposition on operational controls, deposit of surety
bonds and deed restrictions;
(4) Requirements for construction of channel modifica-
tions, dikes, levees and other protective measures; and
(5) Floodproofing measures designed to be consistent with
the flood protection elevation for the particular area,
flood velocities, durations, rate of rise, hydrostatic and
hydrodynamic forces, and other factors associated
with the 100-year flood. In this event, the president
and board of trustees shall require that the applicant
submit a plan or document certified by a registered
structural engineer that the floodproofing measures
are consistent with the flood protection elevation and
associated flood factors for the particular area and
shall be provided in accordance with the standards for
completely floodproofed structures contained within
the United States Army Corps of Engineers publica-
Supp. No. 3 636
•. a
Ty j••``"H ��
g 10-35 OAK BROOK CODE
such application to the zoning board of appeals for
processing in accordance with applicable statutes of the
State of Illinois and one copy to the board of trustees.
(e) Standards: The recommendation of the zoning board
of appeals and the decision of the president and board of
trustees on an application for a variation to the provisions
of this article shall be based on the following standards, the
burden of showing to be borne by the applicant:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the variation
would result in exceptional hardship to the applicant;
and
(3) A determination that the variation will not result in
increased flood heights, additional threats to public
safety, extraordinary public expense, create nui-
sances, cause fraud on or victimization of the public,
conflict with other-existing ordinances, or conflict with
the intent of this article.
(f) [Conditions and Restrictions:] The zoning board of
appeals may recommend and the board of trustees may
require such conditions and restrictions upon the premises
benefited by a variation as may be necessary to comply with
the standards set forth in this section to reduce or minimize
the injurious effect of such variation upon other property in
the neighborhood, and to implement the general purpose
and intent of this article.
(g) [Insurance rates:] The village shall inform applicants
for variations that should a variation be granted to build a
structure with its lowest floor below the base flood
elevation, it could result in flood insurance premiums as
high as twenty-five dollars ($25.00) per one hundred dollars
($100.00) of insurance coverage. (Ord. No. G-217, § 2,
9-27-77;Ord.No.G-277, § 7, 1-27-81;Ord. No.G-364, § 3,9-10-85)
Secs. 10-36-10-45. Reserved.
Supp. No.30 638
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.
aariations.
(1) Authority: The Board of Trustees shall decide all
applications for variations of the provisions of this
ordinance after a public hearing held before the
Zoning Board of Appeals on such notice as shall be
required by the Illinois Statutes. The Zoning Board of
Appeals shall hold public hearings upon all applica-
tions for variations and shall report its recommenda-
tions to the Board of Trustees as to whether a
requested variation would be in harmony with its gen-
eral purpose and intent, and shall recommend a varia-
tion only where it shall have made a finding of fact
specifying the reason or reasons for recommending the
variations. Such findings shall be based upon the stand-
ards prescribed in Section XIII 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.
(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
i
•
Sec. XIII OAK BROOK CODE
(1) The particular physical surroundings, shape,
or topographical conditions of the specific
property involved would bring a particular
hardship upon the owner as distinguished
from a mere inconvenience if the strict letter
of the regulation were to be carried out.
(2) The condition upon which the petition for
variation is based would not be applicable
generally to the other property within the
same zoning classification.
(3) The granting of the variation will not be
detrimental to the public welfare or injurious
- to other property or improvements in the
neighborhood in which the property is lo-
cated.
(4) The proposed variation will not impair an
adequate supply of light and air to 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
#40
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 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 ?1)
(I� 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
AMENDMENTS
Sec. XIII OAK BROOK CODE
(I) Amendments.
(1) Authority: This ordinance may be amended from time
to time by ordinance in accordance with applicable
Illinois Statutes. No vote shall be taken upon the
adoption of a proposed amendment by the Board of
Trustees until after a public hearing before the Zoning
Board of Appeals and a report of its findings and
recommendations has been submitted to the Board of
Trustees along with the recommendation of the Plan
Commission.
(2) Initiation of Amendment: Amendments may be
proposed by the Board of Trustees, Plan Commission
or Zoning Board of Appeals, and 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 which is specifically
enforceable on the land which is described in the
proposal for an amendment.
(3) Processing:
(a) A proposal for an amendment shall be filed with
the Village Clerk and thereafter entered into the
records of the first meeting thereafter of the Board
of Trustees.
(b) A copy of such proposal shall be forwarded by the
Village Clerk to the Zoning Board of Appeals with
a request to hold a public hearing and submit to
the Board of Trustees a report of its findings and
recommendations. Such public hearing shall be
held upon notice as required by Illinois Statutes.
(c) The Village Clerk shall also transmit a copy of
such proposal to the Plan Commission. The Plan
Commission shall submit an opinion report
relative to such proposed amendment to the
Zoning Board of Appeals and Board of Trustees.
(4) Decisions: The Board of Trustees, upon report of the
Plan Commission, if such report is made, and the
970
V.
APPENDIX A—ZONING Sec. XIII
report of the Zoning Board of Appeals, and without
further public hearing, may vote upon the adoption of
any proposed amendment in accordance with applica-
ble Illinois Statutes, or may refer it back to the Boards
for further consideration.
(5) Re-Applications: Any person, firm, or corporation
having been denied an amendment to the Zoning
Ordinance respecting a specific parcel of property may
not re-apply for a like amendment on said real
property until the period of one (1) year has elapsed
since the denial of the application for amendment by
the President and Board of Trustees. (Ord. No. G137,
9-14-71)
(J) Special Uses.
(1) Purpose: The development and execution of the zoning
ordinance is based upon the division of the Village
into districts, within any one of which the use of land
and buildings and the bulk and location of buildings
or structures, as related to the land, are essentially
uniform. It is recognized, however, that there are
special uses which, because of their unique character,
-cannot be properly permitted in particular districts
without consideration, in each case, of the impact of
those uses upon neighboring lands and upon public
need for the particular use or the particular location.
Such special uses fall into t%vo categories:
(a) Uses operated by public agency or publicly-regu-
lated utilities, or uses traditionally affected with a
public interest.
(b) Uses entirely private in character, but of such a
nature that the operation may give rise to unique
problems with respect to their impact upon
neighboring property or public facilities such as,
but not limited to, single-family attached and
semi-detached dwellings, horizontal condomini-
ums and other residential developments. (Ord. No.
G66, 12-19-66)
971
i
HISTODic GRAUE MILL GATEWAY AREA
• ! Certificate of Appropriateness
(F) Gateway Development Plan
Sec. VIII-A OAK BROOK CODE
(E) CERTIFICATE OF APPROPRIATENESS RE-
QUIRED FOR BUILDING PERMITS.
No building permit or other permit otherwise required
under the ordinances of the Village for the erection,
construction, exterior alteration or repair of any building or
structure in the Historic Graue Mill Gateway Area shall be
issued by the building inspector except upon the issuance of
a certificate of appropriateness by the president and board
of trustees. Such certificate of appropriateness may only be
issued after a public hearing has been held before the plan
commission of the village in accordance with the public
hearing procedures set forth herein and after the president
and board of trustees of the village approve the Gateway
development plan for the property involved. (Ord. No.
G-272, § 1, 11-11-80)
(F) GATEWAY DEVELOPMENT PLAN.
The Gateway development plan must be appropriate to the
development of the area consistent with its historic
character and shall provide detailed information in regards
to the following:
(1) Relationship of proposed buildings or structures to site
and adjoining area. The site shall be planned to
accomplish a desirable transition with the street-
scape, and to provide for adequate planting, pedestrian
movement, and parking areas, and shall be evaluated
pursuant to the following criteria:
(a) The provision, where practical, of setbacks in
excess of zoning restrictions to provide an
interesting relationship between buildings;
(b) The treatment of parking areas with decorative
elements, building wall extensions. plantings,
berms, or other innovative means so as to screen
parking from view;
(c) The underground installation of newly installed .
utility services, and service revisions necessitated
by exterior alterations.
Supp. No. 12 920.4
APPENDIX A—ZONING Sec. VIII-A
(2) Building design. Evaluation of the appearance of a
project shall be based on the following criteria:
(a) The quality of the design and its relationship to
the Graue Mill, its site, and the historic period it
represents;
(b) The compatibility of the design., arrangement,
texture, and materials of the proposed buildings or
structures with the intent and purpose of the area;
(c) The screening and location of mechanical equip-
ment or other utility hardware on roof, ground, or
buildings from public view with materials harmo-
nious to the building, so as not to be visible from
any public ways;
(d) The unobtrusiveness and harmoniousness of
exterior lighting and the compatibility of fixtures,
standards, and all exposed accessories with the
building design.
(3) Street hardware and signs.
(a) Street hardware located on private property shall
be designed to be part of the architectural concept
of design and landscaping. Materials shall be
compatible with buildings; scale and color shall be
harmonious.
(b) Lighting design in connection with street hard-
ware shall meet the criteria applicable to site.
landscape, buildings and signs.
(c) Wall and ground signs shall be part of the
architectural concept. Size, color, lettering, loca-
tion, and arrangement shall be harmonious with
the building design and shall incorporate the logo
symbol of the area approved by the village, a copy
of which is attached hereto, labelled Exhibit "B,`
and hereby made a part hereof.
*Editor's note—The logo which appears on Exhibit "B" is not set out
herein, but is on file and available for inspection in the office of the village
clerk.
Supp. No. 12 920.5
Sec. VIII-A OAK BROOD: CODE
(4) Landscaping design considerations. Landscape treat-
ment shall be provided to enhance architectural
features and provide shade and screening, and shall
be evaluated pursuant to the following criteria:
(a) The compatibility of the design and size of all
landscaping effects with the building or structure
and adjacent areas;
(b) The preservation, protection and development of
existing topographic patterns and plant materials
which contribute to the beauty and utility of a
development;
(c) Where building sites limit planting, the placement
of trees in the parkway or paved areas. Parkway
trees shall be of a minimum three-inch caliper.
Buildings of three (3) stories or more shall have
parkway and front and/or sideyard trees of a
minimum of five-inch caliper;
(d) The method of screening of service yards, and
other places which tend to be unsightly, by
fencing, planting, or a combination of these.
Screening shall be equally effective in all seasons
and may be accomplished by use of any combina-
tion of walls, fencing or plantings;
(e) The enhancement of parking areas and traffic
ways with landscaped spaces containing trees and
tree groupings and low shrubs or ground cover;
(f) The use of unobstrusive exterior lighting to
enhance the landscaping;
(g) The use of landscaping materials and lighting
which have low demand for annual maintenance.
(5) Landscape plan. A detailed landscape plan shall
show:
(a) Location of existing plant materials to remain and
those to be removed;
Supp. No. 12 920.6
APPENDIX A—ZONING Sec. VIII-A
(b) Designation of parkway "street trees." Existing
parkway trees shall be preserved and protected
during construction;
(c) Scientific (genus-species) and common names of
proposed landscape material and proposed quanti-
ties and sizes of same;
(d) Landscape materials other than plant materials
shall be designated in detail.
The landscape plan shall be prepared by a landscape
architect or qualified nurseryman in accordance with
the criteria set forth herein in subsection (F)(4). The
plan shall be signed and dated by the designer.
(6) Site plan. A detailed site plan shall show:
(a) Exact location of the buildings) or structure(s) on
the site;
(b) Exact location of drives, walks, parking areas,
parking layout, freestanding or retaining walls,
fences, and drainage accommodations;
(c) Elevations showing all sides of the proposed
structure. Elevations should indicate the type of
materials to be used on the structure as well as
their proportions;
(d) Existing grades or topographic details to be
retained and proposed grading;
(e) Location of utilities. (Ord. No. G-272, § 1,
11-11-80)
(G) ADDITIONAL REQUIREMENTS OF GATEWAY
DEVELOPMENT PLAN.
In addition to the information required pursuant to
subsection F 6 of this ordinance the following require-
ments
)O o q
ments must be met prior to the issuance of a certificate of
appropriateness. (Ord. No. G-272, § 7, 11-11-80)
(1) Visual environment. In order to ensure an adequate
and pleasant natural environment, a sum of money
Supp. No. 12 920.7
Sec. VIII-A OAK BROOK CODE
equal to not less than five (5) per cent of the total
project construction cost, as set forth on the approved
building permits, shall be budgeted and used by the
owners and developers to purchase and install mature
sized trees, shrubbery, grass and other suitable
landscaping upon the grounds, which budgeted
amount shall be expended to comply with the
provisions of subsections (F)(4) and (F)(5) of this
Section VIII-A. The president and board of trustees
may vary from or waive the requirement for such
expenditure where such expenditure would cause a
hardship on the applicant. Hardship, for purposes of
this ordinance shall include, but not be limited to the
following situations:
(a) Irregular shaped lots where landscaping is not
practical;
(b) Lots with minimal frontage;
(c) Development does not cause any visual impact,
e.g. development to the rear of a lot or building;
and
(d) Those instances where there is an abundance of
existing natural vegetation precluding the neces-
sity for further landscaping treatment.
(2) Public utilities. All utility lines, including but not
limited to, telephone and electric, in the right-of-way
adjacent to and in the development property shall be
placed underground. Underground utility lines shall
be placed within easements or dedicated public ways
in a manner which will not conflict with other
underground services. All transformer boxes and
service posts shall be located so as not to be unsightly
or hazardous.
(H) CERTIFICATE OF APPROPRIATENESS; APPLI-
CATION AND HEARING.
Upon the filing of an application for a building permit for
which a certificate of appropriateness is or may be required,
Supp. No. 12 920.8
f
APPENDIX A—ZONING Sec. VIII-A
the applicant shall concurrently file with the village clerk
an application for a certificate of appropriateness, which
application shall include all the information and material
required pursuant to subsections (F) and (G) of this Section
VIII-A. Such application shall be referred to the plan
commission by the president and board of trustees upon
verification of the completeness of said application. The fact
that an application for a certificate of appropriateness has
been filed shall not be cause for the building inspector to
delay the review of plans relating to the building and zoning
aspects of the project while said application is pending. The
plan commission shall thereupon fix a reasonable time,
within forty-five (45) days, for a hearing and give a written
five-day notice thereof to the applicant. Upon such hearing
the commission shall consider the application for a
certificate of appropriateness and, if necessary, receive
additional evidence (such as exterior elevation renderings)
from the applicant or his agent or attorney and from the
village personnel or other persons as to whether the
external architectural features of the proposed building or
structure comply with the provisions of this ordinance. All
testimony given at such hearing shall be under oath. (Ord.
No. G-272, § 1, 11-11-80)
(I) ACTION BY PLAN C01MIMISSION ON GATEWAY
DEVELOPMENT PLAN.
Prior to making its decision the commission may make
recommendations to the applicant as to changes in the
exterior drawings, sketches, landscaping, site plans and
materials which in the judgment of the commission would
tend to effect the general purposes of this ordinance. The
commission shall make its decision within fifteen (15) days
after the hearing is closed and shall issue to the president
and board of trustees its findings and recommendation
concerning the proposed Gateway development plan. If the
plan commission recommends denial of a Gateway develop-
ment plan it shall specifically point out such deficiency in
its findings. (Ord. No. G-272, § 1, 11-11-80)
Supp. No. 12 920.9
Sec. VIII-A OAK BROOK CODE
(J) ACTION BY CORPORATE AUTHORITIES ON
GATEWAY DEVELOPMENT PLAN.
The president and board of trustees may approve or
disapprove the proposed Gateway development plan or refer
the matter back to the plan commission for further
consideration. Upon approval of any proposed Gateway
development plan the president and board of trustees shall
issue a certificate of appropriateness as to the approved
Gateway development plan. (Ord. No. G-272, § 1, 11-11-80)
(K) IMPLEMENTATION OF GATEWAY DEVELOP-
MENT PLAN.
Upon granting of a certificate of appropriateness, the
Gateway development plan, including the exterior
drawings, sketches, landscape and site plans, renderings
and materials upon which said certificate was granted,
shall be referred to the building inspector whose responsibil-
ity it shall be to determine, from time to time as the project
is in progress and upon its completion, that there have been
no unauthorized deviations from the Gateway development
plan upon which the granting of the certificate of
appropriateness was based. (Ord. No. G-272, § 1, 11-11-80)
(L) EXCEPTIONS TO GATEWAY DEVELOPMENTS
PLAN PROCEDURES.
The requirements of this ordinance for submission and
approval of a Gateway development plan and the issuance
of a certificate of appropriateness shall not be applicable to:
(1) Renovation, restoration and preservation of structures
designated by the president and board of trustees as
historically or culturally significant;
(2) Ordinary repairs or interior renovations;
(3) Renovations or additions to existing single-family
detached residential buildings or structures accessory
thereto. (Ord. No. G-272, § 1, 11-11-80)
Supp. No. 12 920.10
• SPECIAL USE
APPENDIX A—ZONI.iG Sec. XIII
report of the Zoning Board of Appeals, and without
further public hearing, may vote upon the adoption of
any proposed amendment in accordance with applica-
ble Illinois Statutes, or may refer it back to the Boards
for further consideration.
(5) Re-Applications: Any person, firm, or corporation
having been denied an amendment to the Zoning
Ordinance respecting a specific parcel of property may
not re-apply for a like amendment on said real
property until the period of one (1) year has elapsed
since the denial of the application for amendment by
the President and Board of Trustees. (Ord. No. G137,
9-14-71)
(J) Special Uses.
(1) Purpose: The development and execution of the zoning-
ordinance
oningordinance is based upon the division of the Village
into districts, within any one of which the use of land
and buildings and the bulk and location of buildings
or structures, as related to the land, are essentially
uniform. It is recognized, however, that there are
special uses which, because of their unigte character,
cannot be properly permitted in particular districts
without consideration, in each case, of the impact of
those uses upon neighboring lands and upon public
need for the particular use or the particular location.
Such special uses fall into tw-o categories:
(a) Uses operated by public agency or publicly-regu-
lated utilities, or uses traditionally affected with a
public interest.
(b) Uses entirely private in character, but of such a
nature that the operation may give rise to unique
problems with respect to their impact upon
neighboring property or public facilities such as,
but not limited to, single-family attached and
semi-detached dwellings, horizontal condomini-
ums and other residential developments. (Ord. No.
G66, 12-19-66)
971
i .
•
Sec. XIII OAK BROOK CODE
(2) Authority. Special uses shall be authorized or denied
by the Village Board in accordance with the Statutes
of the State of Illinois applicable to amendments of
this ordinance, and the regulations and conditions set
forth in this ordinance for special uses.
No application for a special use shall be acted upon by
the Village Board until after:
(a) A written report is prepared and forwarded to the
Board of Appeals and the Village Board by the
Plan Commission in a manner prescribed herein
for amendments to this ordinance; and
(b) A public hearing has been held by the Zoning
Board of Appeals, after due notice by publication
as provided by the applicable Statutes of the State
of Illinois for amendments and upon a report of
the Plan Commission to the Board of Trustees, if
such a report is made.
(3) Initiation: An application for a special use may be
made by any person, firm or corporation or by any
office, department, board, bureau or commission
requesting or intended to request a zoning certificate.
(4) Processing: An application for a special use, in such
form and accompanied by such information as shall
be established from time to time by the Plan
Commission, shall be filed with the Village Clerk and
thereafter processed in the manner prescribed thereto-
fore for applications and amendments. Special use
applications may be processed simultaneously with
requests for amendment of this ordinance. (Ord. No.
6-66, 12-19-66)
(b) Decisions: The Village Board, upon report of the
Zoning Board of Appeals and the Plan Commission,
and without further hearing, may authorize or deny
an application for a special use in accordance with the
Statutes of the State of Illinois applicable to amend-
ments, or may. refer it back to the Board of Appeals
and the Plan Commission for further consideration.
972
v*o�pf 0411ttpo*
ViWAGE OF OAK M4VOK
1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521
990.3045
1p COYMTy `y
PETITION APPLICATION FOR PUBLIC HEARING:
ZONING ORDINANCE: APPEAL ($100) x VARIATION ($300)
.- (MAP)
($650) x SPECIAL USE ($400)
FLOOD PLAIN: VARIATION ($300) x SPECIAL USE ($675)
HISTORIC GRAUE MILL GATEWAY AREA: x CERTIFICATE OF APPROPRIATENESS
ALL APPLICATIONS MUST BE ACCOMPANIED BY PROPER FEE,PLAT OF SURVEY,AND 18 COPIES OF A SCALE DRAWING
SHOWING ALL PERTINENT APPLICABLE INFORMATION; I.e., PROPERTY LINES, EXISTING BUILDINGS, LOCATION OF
PROPOSED CONSTRUCTION, ANY BUILDINGS ON ADJACENT PROPERTY WITHIN 100 FEET OF SUBJECT PROPERTY.
APPLICANT TO COMPLETE 06-36-308-013
LOCATION West side of York Road south 06-36-3Q8-014
OF SUBJECT PROPERTY: of junction with Spring Road PERMANENT PARCEL NO.
LOT NO: N/A SUBDIVISION: N/A ADDRESS: 3824 York Road
North Parcel R-3 Section VII(E)
ZONING DISTRICT: ZONING ORDINANCE SECTION:
SoutE Parcel B-3 Section
ACTION REQUESTED: See Rider A attachad
PROPERTY INTEREST OF APPLICANT: OWNER CONTRACT PURCHASER x AGENT
OWNER(S) OF RECORD First National Bank of LaGrange as Trustee PHONE NO. 708/482-7700
under Trust No. 1090
ADDRESS 620 W. Burlington Avenue, LaGrange, Illinois Z.IP 60525
BENEFICIARY(IFS) OF TRUST Frank C. Mitchell, E.M. Mitchell and PHONE NO, 708/354-7642
Frank . Mitchell
ADDRESS 443 No. Ashland, LaGrange Park, Illinois ZIp 60526
NAME OF APPLICANT Alan Rocca PHONE NO. 630/620-4300
(+ BILLING INFO)
ADDRESS 114 Canterbury Lane, Oak Brook, IL zip 60523
I e) cc 'fy that a�ll�of ;gbove sta meats and the statements contained in any papers or plans submitted herewith are true to the
st,of y (our Irn and be '
(Signature) Applfcant Dace (Signature) Applicant Date
aaa�sa
_ 1167 Jy DO NOT WRITE IN T SPACE•• FOR OFFICE USE ONLY
Date Filed: �Vl�(7 Board of Trwt. Referral: Suff Referral;
Notice Published: 017 -fjr -,- 310A,Y Newspaper. Lo&g f lZ O
Date Adj. Property owner Notified: Staff Referral:
Public Hearin` Dates: Plan Casamission: Zasting Board: W '7772
Board of Trustw: ///Age Board of Trustees 5Z/d/9P
(Approval of Ord' � /
FEE PAID: S�o�-S Receipt No. A3�17`'�.9 Received By: 17�A> � 164_ v
SIGNED • VII.LAGE CLERK: Date:
wMa.app e
• NEWS
LORD, BISSELL & BROOK
116 SOUTH LA SALLE STREET
CHICAGO, ILLINOIS 60607 LOS ANGELES OFFICE
300 BOUTH GRAND AVENUE,STH FLOOR
13161 447.0700 LOO ANGELES,CALIFORNIA 60071.3600
lit 131 466.1600
CABLE: LOWIRCO COO TELECOPY:02131 466.1600
TELEX: 66-7070 ATLANTA
OFFICE
TELECOPY: 171111 443.0336 ONE ATLANTIC CENTER
0201 W. PEACHTREE STREET,SUITE 3700
1100 J ori e Boulevard ATLANTA,GEORGIA 3030•
14041 670.4600
TELECOPY:14041 6711-6647
Suite 243 LONDON OFFICE
. 630/990-0561 Oak Brook• 1 LIL 60523 LLorD ST .66
IMOESRCET
E
LONDON EC3M 700 ENGLAND
0171-327.4634
TELECOPY:0171.666.6aSO
March 9 , 1998
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523
Att 'n : Thomas Hawk
Director of Community Development
Re : Petition Application for Public
Hearing - Alan Rocca, 3824 York Rd .
Dear Tom :
A review of the plans -now on file with the Village
indicates that the following amendments should be made :
1. Rider A.
C-1 Amend this section to read as follows :
"Approval of use of a ground sign as shown on
said Site Plan. "
G Amend this section by adding the following words
at the end thereof :
"as set forth in said Site Plan and Landscape Plan
dated Marchjj
• RIDER A
APPLICATION OF ALAN ROCCA
DATED FEBRUARY 16, 1998
The Applicant , Alan Rocca , is requesting approval of the following
actions by the Village of Oak Brook :
A. Map Amendment to rezone Parcel 2 (the northerly parcel) from
R-3 to B-3 .
B. Variations to permit the yards depicted on the Site Plan dated
February , 1998, as follows :
1. Reduction of the front yard from 100 feet to 73 feet in
width .
2 . Reduction of the north side yard from 60 feet to 40 feet
in width .
3 . Reduction of the rear yard from 60 feet to 15 feet in width .
4 . Reduction of the south yard from 60 feet to 20 feet in
width .
C. The following additional variations :
1 . Approval of use of a ground sign as shown on Exhibit A
attached hereto .
2 . Approval of location of off-street loading berth as shown
on said Site Plan .
D. Issuance of a Special Use Permit under Section VIII (E) (2)c of
the Village Zoning Ordinance to permit a bank drive-in as shown
on said Site Plan.
E. Issuance of a Special Use Permit to utilize the public right-of-
way known as Glendale Avenue as a means of ingress and egress
to the Subject Property .
F. Issuance of a Flood Plain Special Use Permit under Chapter 10
Article 11 Section 10-34 of the Oak Brook Code to permit (a)
installation in Parcel 1 and Parcel 2 of underground pipes to
provide storage for stormwater and (b) excavation of a part of
Parcel 2 to provide a dry detention/storage basin for stormwater
and (c ) necessary regrading.
(1)
•
G . Issuance of a Certificate of Appropriateness under Section
VIII-A of the Village Zoning Ordinance to permit construction
and landscaping in compliance with the Historic Graue Mill
Gateway Area requirements.
H. Any other necessary relief from Village ordinances as
determined by the Village.
(2)
70-2252/719 998 -
ALAN P. ROCCA 530448472
735 E. ROOSEVELT RD.
LOMBARD, IL 60148 DATE 2-17-98
FAY TO THE Village of Oak Brook I 2025.00
ORDER OF r...—:!.«. —�._.
Two thousand twenty-fIPrP and nQ/100---------DOLLARS
B�
MAYWOOD-PROVISO STATE BANK
411 Madimn Street Maywood,Illlnofa 80163 +�
r'
MEMO
Applications for _ 11
;l:0 ?lQF 'A�lk' 451044847 211' 0998
CHECK
NUMBER 3 CHECKS 3 CASH INV M DATE NAME G.L.ACCOUNT N +DESCRIPTION
i
T
INVALID
VILLAGE OF OAK BROOK WITHOUT
yr SIGNATURE
BUREAU OF INSPECTION ' -
B 09748
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
U
PHONE: (708) 990-3000 ,
RETAIN THIS RECEIPT {
FOR YOUR RECORDS
i
SAFEGUARD BUSINESS SYSTEMS '
i
I
REB326 PARCEL LISTING 1 PAGE 1 REB326 PARCEL LISTING 1 PAGE 2
02/13/98 02/13/98
06-36-308-007 COLLECTORS 06-36-308-011 COLLECTORS
97-353 $63,410.00 87-127 $53,860.00
06-36-308-007 06-36-308-011
OAK BROOK PARK DIST BLUMA, BLANCHE L
1450 FOREST GATE RD 3810 SPRING RD
OAK BROOK IL 60523 OAK BROOK IL 60523
RAY M OLMSTEDS PLAT OF GMOSER & BLUMAS PLAT OF
SURVEY OF PT S 1/2 PT S 1/2 36 39 11
SEC 36 39 11 1 LOT 2
a
06-36-308-009 COLLECTORS 06-36-308-012 COLLECTORS ''d
79-270 $70,960.00
00-000 $58,840.00
r
06-36-308-009
06-36-308-012 ~
c'1
BLUMA, BLANCHE L GRECO. RALPH a
3810 SPRING RD 960 SPRING RD y
OAK BROOK IL 60523 HINSDALE ILL 60521
O
'Y
GMOSER & BLUMAS PLAT OF
J LYNCH PLAT OF SURVEY
PT S 1/2 36 39 11
OF PT LOT 1 GMOSER
& BLUMAS PLAT OF SURVEY LOT 1 /EX OLMSTED & z �
S 1/2 SEC 36 39 11 LYNCHS PLAT OF ri
/1 .485 ACS/ LOT A SURVEY & LVNCHS 2ND PLT r* C7
OF SURVEY/ PT LOT 1 O O t7l
n td w
0 t-
06-36-308-010 COLLECTORS a H bd
91-183 $226,740.00 c7
06-36-308-010
*NUMBER OF PARCELS IN THIS RANGE: 5 x
t=]
ORIG, CARLITO V & JEAN Q a
3900 YORK RD ;V
OAK BROOK IL 60523 H
z
c� •.
J LVNCHS ASSMT RESUB 2
^a�
a.. r
ti REB326 PARCEL LISTING 5 PAGE 6 REB326 PARCEL LISTING 6 PAGE 8
02/13/98 02/13/98
06-36-405-001 COLLECTORS 09-01-112-006 COLLECTORS
88-323 $.00 81-257 $8,170.00
06-36-405-001 09-01-112-006
FOREST PRESERVE DISTRICT SCHULTZ, BRYAN C
P O BOX 2339 33 E BIRCHWOOD AVE
GLEN ELLYN IL 60138 HINSDALE IL 60521
W 1/2 SE 1/4 DESC IN GLENDALE SUB 6 2
BK 387 OF DDS 36 39 11
PG 129
09-01-112-007 COLLECTORS
94-075 $8, 170.00
06-36-405-002 COLLECTORS •
91-330 $.00 09-01-112-007
LOYOLA UNIVERSITY
06-36-405-002 820 N MICHIGAN AVE
FOREST PRESERVE DIST CHICAGO IL 60611
VIL OF HINSDALE/OAK BROOK
PO BOX 2339
GLEN ELLYN IL 60138 GLENDALE SUB 7 2
GRAUES ASSMT PLAT NO 2
W 425 FT /MEAS ON S
LINE/ 3
06-36-405-003 COLLECTORS
REB326 PARCEL LISTING 7 PAGE 9
85-017 $243,540.00 02/13/98
06-36-405-003 09-01-112-016 COLLECTORS
E M ENTERPRISES INC 94-075 $12,270.00
3821 S YORK RD
OAK BROOK IL 60523
09-01-112-016
LOYOLA UNIVERSITY
GRAUES ASSMT PLAT NO 2 820 N MICHIGAN AVE
/1 .79 ACS/ 4
CHICAGO IL 60611
GLENDALE SUBDIVISION
ALL 8
& W 1/2 VAC GARFIELD
AVE LYG E & ADJ 2
09-01-112-017 COLLECTORS
93-237 $144,330.00
09-01-112-017
KENNEDY, MARY
39 E BIRCHWOOD AVE
HINSDALE IL 60521
GLENDALE SUBDIVISION
ALL 9
ALL 10
roll, & W 1/2 VAC GARFIELD
t AVE LYG E & ADJ 2
REB326 PARCEL LISTING 9 PAGE 12 REB326 PARCEL LISTING 10 REB326 PARCEL LISTING 10 PAGE 15
02/13/98 �j` 02/13/98 02/13/98
09-01-206-004 COLLECTORS 09-01-224-002 COLLECTORS 09-01-224-007 COLLECTORS
87-097 $190,670.00 97-230 $72,970.00 95-136 $36,220.00
09-01-206-004 09-01-224-002 09-01-224-007
MC DONALDS CORP 012-0254 WIET, J D HBH TRUST L-2453
P 0 BOX 66207 195 N HARBOR DR NO 5504 950 N YORK RD NO 107
AMF OHARE CHICAGO IL 60601 HINSDALE IL 60521
CHICAGO IL 60666
TOWN OF FULLERSBURGH GRAUE MILL EXECUTIVE GRAUE MILL EXECUTIVE
/EX N 36.96 FT/ CENTER CONDO CENTER CONDO
/EX SLY 57.5 FT AS MEAS UNIT 102 UNIT 107
ON ST & 58.9 FT 5.9923 PERCENT COM INT 2.9732 PERCENT COM INT
MEAS ON REAR/
09-01-224-005 COLLECTORS 09-01-224-008 COLLECTORS
09-01-206-005 COLLECTORS 96-177 $35,500.00 85-182 $30,840.00
87-097 $66,030.00
09-01-224-005 09-01-224-008
09-01-206-005 ZAPPIA, JOHN J NAFFAH, PAUL
MC DONALDS CORP 012-0254 950 YORK RD NO 105 6161 COUNTY LINE RD
P 0 BOX 66207 HINSDALE IL 60521 HINSDALE IL 60521
AMF OHARE
CHICAGO IL 60666
GRAUE MILL EXECUTIVE GRAUE MILL EXECUTIVE
TOWN OF FULLERSBURGH CENTER CONDO CENTER CONDO
S 57.5 FT MEAS ON UNIT 105 UNIT 108
ST X 58.9 FT MEAS 2.9151 PERCENT COM INT 2.3016 PERCENT COM INT
ON REAR
09-01-224-006 COLLECTORS 09-01-224-009 COLLECTORS
09-01-206-012 COLLECTORS 95-136 $35,500.00 91-044 $52,760.00
00-000 $834,800.00
09-01-224-006 09-01-224-009
09-01-206-012 HBH TRUST L-2453 YORK ROAD ENT PTNRSHP
KOPLIN, ALFRED N 950 N YORK RD NO 107 950 YORK RD NO 109
21 SPINNING WHEEL HINSDALE IL 60521 HINSDALE IL 60521
HINSDALE IL 60521
GRAUE MILL EXECUTIVE GRAUE MILL EXECUTIVE
TOWN OF FULLERSBURGH CENTER CONDO CENTER CONDO
ALL LTS 3 THRU 6 & PRT UNIT 106 UNIT 109
LT 7 & PRT NE 1/4 SEC 2.9151 PERCENT COM INT 4.4340 PERCENT COM INT
1-38-11 DESC IN BK 375
OF DDS PT 194 /EX PRT
FOR RD COMDM 79 ED 2/
VV
•
y
�} I I
)326 PARCEL LISTING 10 PAGE 18 RE8326 PARCEL LISTING 10 PAGE 19 D REB326 PARCEL LISTING 10 PAGE 20
02/13/98 02/13/98 02/13/98
09-01-224-016 COLLECTORS 09-01-224-021 COLLECTORS 09-01-224-024 COLLECTORS
•073 $56,520.00 91-281 $84,940.00 94-333 $126,010.00
09-01-224-016 09-01-224-021 09-01-224-024
COLE TAYLOR BANK 952121 SKUBLE, DEAN F GARY WHEATON BK
350 E DUNDEE RD 410 OAK BROOK RD TR 260-91
WHEELING IL 60090 OAK BROOK IL 60523 1200 OGDEN AVE
DOWNERS GROVE IL 60515
GRAUE MILL EXECUTIVE GRAUE MILL EXECUTIVE GRAUE MILL EXECUTIVE
CENTER CONDO CENTER CONDO CENTER CONDO
UNIT 205 UNIT 104 UNIT 101
4.0020 PERCENT COM INT AS AMENDED R83-83732 11 .6738 PERCENT COM INT
•09-01-224-017 COLLECTORS 6.9558 PERCENT COM INT
150 $54,800.00 09-01-224-022 COLLECTORS
97-204 $98,410.00 *NUMBER OF PARCELS IN THIS RANGE: 19
09-01-224-017
OLD KENT BK - TRUST 6025 09-01-224-022
ATTN THERESE STONE CORNFIELD,KRITSAS&KRENGEL
105 S YORK ST 950 YORK RD NO 208
ELMHURST IL 60126 HINSDALE IL 60521
GRAUE MILL EXECUTIVE
CENTER CONDO GRAUE MILL EXECUTIVE
UNIT 206 CENTER CONDO
5.4811 PERCENT COM INT UNIT 208
AS AMENDED R84-40463
8.3263 PERCENT COM INT
09-01-224-018 COLLECTORS
344 $46,820.00
09-01-224-023 COLLECTORS
09-01-224-018 95-003 $57,900.00
GARY WHEATON BK-DWNRS GR
TRUST 176-88 09-01-224-023
1200 OGDEN AVE DANIELS, GREGORY J
DOWNERS GROVE IL 60515 950 YORK RD NO 100
GRAUE MILL EXECUTIVE HINSDALE IL 60521 •
CENTER CONDO
UNIT 207 GRAUE MILL EXECUTIVE
3.5558 PERCENT COM INT CENTER CONDO
UNIT 100
4.4188 PERCENT COM INT
1
! 1.
LORD, BISSELL & BROOK
IIS SOUTH LA SALLE STREET
CHICAGO, ILLINOIS 60603 LOS ANGELES OFFICE
300 SOUTH GRAND AVENUE,STH FLOOR
(312) 443-0700 LOS ANGELES,CALIFORNIA 90071-3200
12131 465.1500
CABLE: LOWIRCO CGO TELECOPY:(213)455-1200
TELEX: 25-3070 ATLANTA OFFICE
TELECOPY: (312) 443-0336 ONE ATLANTIC CENTER
1201 W. PEACHTREE STREET,SUITE 3700
ATLANTA,GEORGIA 30309
1100 Jorie Boulevard (404)670-4600
TELECOPY:(404)572-5547
Suite 243 LONDONOFFICE
630/990-0561 Oak Brook, I LIME STIL 60523 LLOYD'S,SUREET
IT
ET995
LONDON EC3M 7DO ENGLAND
0171-327-4534
TELECOPY:0171-929-2 250
February 16, 1998
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523
Att ' n: Thomas Hawk
Director of Community Development
Re : Petition Application for Public
Hearing of Alan Rocca re Property
at 3824 York Road
Dear Tom:
This letter will contain, first , an explanation of the
circumstances prompting the Rocca petition and, second , position
statements on the relevant factors and standards contained in the
Village Code for the requested Village action.
A. Circumstances Prompting the Petition.
The subject property averages a width from front to rear
of 142 feet . The required front yard facing York Road
is 100 feet . The required rear yard when abutting
residentially zonded property is 60 feet . Thus it is
impossible to build any kind of building authorized by
B-3 zoning which would meet the combined front and rear
yard requirements . In addition, within the last 10 years
stormwater flooding has demonstrated according to the
Village Engineer , Dale Durfey, that the elevation of
the 100 year flood will reach 645 feet which exceeds the
level of almost 50% of the property. Thus significant
regrading as well as stormwater storage facilities are
necessary. My client ' s engineers have recommended that
subsurface storage pipes be installed and that a signi-
ficant dry storage basin be constructed at the north end
of the property.
1 1
• llage of Oak Brook
LORD, BISSELL & BROOK *!bruary 16 , 1998
Page Two
The underground - pipe storage system will occupy roughly
70 feet from east to west and 165 feet from north to
south. The dry basin will occupy 35 feet from north to
south and 135 feet from east to west and will also occupy
space west of the north portion of the building.
My client ' s engineers and architects have devoted much time
to designing a space for a two-story office and retail
building west of , and the necessary automobile parking
on top of , the required network of underground 48 inch
water storage pipes..
The net result is that a building of appropriate size
must be located within 15 feet to 20 feet of the westerly
property line , 20 feet of the southerly property line,
80 feet of the easterly property line or front property
line, and 40 feet of the northerly property line. All of
which distances are less than the required yards.
The Section XI (D) requires that the property have one off-
street loading berth at least 12 feet in width and 55 feet
in length and be enclosed by a court having a wall at
least eight (8) feet hugh and be set back from a residence
district by at least 100 feet . It is not possible to meet
all of those requirements . particularly the setback. How-
ever , a space has been provided which substantially meets
the requirements except for the setback. However the use
of such a loading berth will be infrequent since it will
be serving a small bank, a jewelry retailer and a group of
• small offices .
With regard to a ground sign, it is needed because the
building will be set back a total of 130 to 140 feet
from the roadway of York Road and there are a considerable
number of trees on the properties immediately north and
south of the subject property. Thus to provide adequate
public notice , a ground sign is necessary.
Issuance of a Special Use Permit to authorize a bank drive-
in which will be located adjacent to the southern end of
the building with adequate space for cars waiting for
service. The bank is a permitted use and "drive-in
establishments for permitted uses" are approved as Special
Uses in B-3 Districts provided that they are so designed ,
located and proposed to be operated that the public health,
safety and welfare will be protected and the Special Use
will not cause substantial injury to the value of other
Ai
0
LORD, BISSELL & BROOK Oillage of Oak Brook
February 16 , 1998
Page Three
property in the neighborhood in which it is to be
located .
Issuance of a Special Use Permit for use of the easterly
160 feet of the existing driveway on the public right-of-
way known as "Glendale Avenue" for ingress and egress to
and from the off-street loading berth and egress from the
bank drive-in upon condition that the owner of the subject
property bears the cost of reasonable widening of the
easterly 160 feet of the driveway and shares the cost of
required maintenance and repair on a reasonable basis with
the owner of the residential lot immediately west of the
subject property.
B. Position Statements re Relevant Factors and Standards
With regard to variations , it is thus clear that :
(1) The subject property cannot yield a reasonable
return if permitted to be used only under the
conditions allowed by the regulations governing
the district in which it is located .
(2) The plight of the owner is due to unique
circumstances .
(3) The variations , if granted, will not alter the
essential character of the locality .
There are practical difficulties and particular hardships
as is made clear by the following :
(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 deter-
mental to the public welfare or injurious to other
property or improvements in the neighborhood in
which it is located.
(4) The proposed variation will not impair an adequate
supply of light and air to adjacent property, or
substantially increase the danger of fire, or other-
wise endanger the public safety or substantially
diminish or impair property values within the neighbor-
hood .
A
LORD, BISSELL & BROOK • • Village of Oak Brook
February 16 , 1998
Page Four
(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.
With regard to Flood Plain Special Use Permits, all of the
following factors must be , and will be, properly taken care
of :
(1) The danger to live and property due to increased
flood heights or velocities caused by encroachments ;
(2) The danger that materials may be swept onto other
lands , or cross-stream, upstream or downstream to
the injury of others ;
(3) The proposed water supply and sanitation systems
and the ability of these systems to prevent disease ,
contamination and unsanitary conditions ;
(4) The susceptibility of the proposed facility and its
contents to flood damage and the effect of such
damage on the individual owners ;
(5) The importance of the services provided by the pro-
posed facility to the community;
(6) The requirements of the facility for a waterfront
location;
(7) The compatibility of the proposed use with existing
development and development anticipated in the
foreseeable future;
(8) The relationship of the proposed use to the compre-
hensive plan and floodplain management program for
the area;
(9) The safety of access to the property in times of
flood for ordinary and emergency vehicles ;
(10) The expected heights , velocity , duration, rate of
rise and sediment transport of the floodwaters
expected at the site; and
(.11) Such other factors which are relevant .
C. Issuance of a Certificate of Appropriateness under Section
VIII-A of the Village Zoning Ordinance to permit construction
and landscaping in compliance with the Historic Graue Mill
Gateway Area requirements .
The Applicant has filed the following materials to justify
the issuance of such a Permit ;
A- 3.
LORD BISSELL & BROOK • • g
Villa e of Oak Brook
February 16 , 1998
Page Five
1 . Topographic survey .
2 . Gateway Development Plan
3 . Elevations of proposed building .
4 . Landscaping Plan .
5 . Design of signage.
D. Termination of Cities Service Oil Company v Village of
Oak Brook, No . 71-1443-G Circuit Court for the 18th
Judicial Circuit , DuPage County, Illinois .
Steps will be taken to dismiss the case and the Permanent
Injunction granted therein by agreement of the parties ,
namely the Village of Oak Brook and the First National
Bank of LaGrange as Trustee under Trust Agreement dated
June 4 , 1975 , and known as Trust No. 1090 , the owner of
the property commonly known as 3824 York Road in the
Village of Oak Brook and Frank E. Mitchell , one of the
beneficiaries of said Trust .
Sincere y yours ,
David M2 Gooder
DMG ;pg
cc A. Rocca
J. Romanelli
R. Mifflin
J. Miskovic
h�7 .
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FEB. =03' 98 INV 09:45 OAK BRO'"' IRE DEPT ^ _ TEL;6 >�y� i P. Ul►l
xN`i'F.RGOVERNMENTAL AGREEMENT
BETWEEN TfM VILLAGE OF OAK BROOK AND CAPITOL BANK & TRUST
This Agreement, entered into this 25th day of —April 1989, by and
between the Village of Oak Brook, DuPage and Cook Counties, Illinois, a
municipal corporation (hereinafter referred to as "VILLAGE"); and Capitol Bank
and Trust, as Trustee as aforesaid and not individually under Trust #1746,
(hereinafter referred to as "OWNERS"),
W I T N E S S E T H
Wh'EREAS, OWNERS own a piece of property located north of Glendale Avenu
La
and west of York Road legally described as: r�.�
Lots 2 in J. Lynch's Assessment Resubdivision of Part of Tract B
in J. Lynch Second Plat of Survey (recorded February 11, 1954 as G• � +LZ
Document 707775) of parts of Lot 1 in Gmoser and Bluma's Plat of C•�^' N
Survey (recorded June 18, 1949 as Document 570094) in the south
half of Section 36, Township 39 North, Range 11, East of the
Third Principal Meridian, according to the Plat of said J.
Lynch's Assessment Resubdivision recorded May 2, 1957 as Document
840938, in DuPage County, Illinois. Permanent parcel
#06--36-308-010 (hereinafter referred to as "SUBJECT PROPERTY") .
WHEREAS, said OWNERS have applied to VXLLAGE for a Flood Plain Special
Use Permit in order to develop said property with a single-family residence; -�
and \�
WKEREAS, the VILLAGE, pursuant to Ordinance S-668 has approved the
granting of a Flood Plain Special Use to allow the construction of said
single-gamily rwsidence; and
WHEREAS, concurrent with said Flood Plain Special Use application,
OWNERS have requested permission to utilize public right-of-way known as
Glendale Avenue as a means of ingress and egress to their property
hereinabove described; and
FEB. -03' 98 (TGE) 09:45 OAK BRO IRE DEPT TEI.: 63OW2392 _ _. P. UUP
^ �
ASM - 0 :, 9 � 700
WHEREAS, VILLAGE has reviewed alternative methods of providing access to
the subject property including the construction of Glendale Avenue to connect
to Washington Street; and
WHEREAS, VILLAGE has determined alternative methods of access to the
subject property are not feasible nor in the public interast due in part to
the flood plain characteristics of said portion of Glendale Avenue west of
the subject property; and
WHEREAS, VILLAGE has reviewed OWNER'S request to construct an access way
in the right-of-way known as Glendale Avenue to connect to York Road and has
approved same subject to the provisions of this Agreement because of the
unique circumstances associated with the development of the subject property
and the character of Glendale Avenue; and
WHF.RSAS, Article VIZ, Section, 10, of the Constitution of the State of
Illinois specifically authorizes units of local government to contract and
otherwise associate with individuals, associations and corporations in any
manner not prohibited by law or ordinance;
NOW, THEREFORE, IN CONSIDERATION of mutual agreements contained herein
and upon further considerations and recitals hereinabove set forth, it is
hereby agreed by and between the parties hereto as follows:
I. CONSTRUCTION OF IMPROVEMENTS, IN PRIVATE RIGHT-OF-WAY
OWNERS shall construct an access road to provide access to the SUBJECT
PROPERTY in conformance with the specifications entitled "Grading Plan"', /L'o T-
attached hereto, labelled Exhibit A, and hereby made a part hereof. The
parties agree that no Certificate of Occupancy shall issue for the use of the
SUBJECT PROPERTY until the completion of said roadway improvements. As a
further precondition to the issuance of Any Certificate of occupancy for the
SUBJECT PROPERTY, OWNERS shall provide the VILLAGE with appropriate Waivers
FEB. =01' 98 ME) 09:46 OAK BROO" FIRE DEPT TEL:630990.1392
R8 " • 059 O
of Lien in form and substance acceptable to the Village Attorney evidencing
the full payment for all materials and labor for work on said roadway
improvements.
II. MAINTENANCE OF PROPERTY
For and in consideration of the right to utilize the roadway, OWNERS
agree to maintain the roadway and right-of-way in VILLAGE in a neat,
presentable and serviceable condition at all times. If OWNERS at any time
fail to maintain said roadway or right-of-way, VILLAGE shall have the right,
but not the obligation, to effect any necessary maintenance.
If OWNERS tail to maintain said roadway or right-of-way, VILLAGE, prior
to undertaking any maintenance shall provide written notice to OWNERS of
their default in their obligation to maintain. If OWNERS do not cure such
defect in maintenance within seven (7) days, the VILLAGE. may provide such
maintenance or make such repairs and shall have the right to be reUibursed
for all out-of-pocket costs and expenses incurred by the VILLAGE in
connection with such maintenance and repair. OWNERS agree to reimburse the
VILLAGE for any such costs and expenses and to pay the same within thirty
(30) days of receipt of the statement for such costs and expenses. If OWIM S
fail to pay said expenses as provided herein, the VILLAGE shall have a lien
upon the SUBJECT PROPERTY to secure payment of the amounts due to the
VILLAGE.
III. INDEMNIFICATION
OWNERS shall protect, defend, indemnify and hold harmless the VILLAGE of
any claim, liability, cost, damage or. expense (including without ]imitatlon
reasonable attorney' s fees and court costs of any type, nature or
description) arising in connection with the construction or maintenance of
the roadway and right-of-way herein described and due in whole or in part to
3
FEB.. =05' 98 (TUE) 09:46 OAK BRO'••' 1RE DEPT TEL:650.9c"'39, P. 004
R89 - 019270
the negligent act or omission of the OWNERS, their officers, agents,
employees, contractors or invitees.
IV. RESERVATION OF RIGHTS OF VILLAGE
Notwithstanding any rights of use granted to the roadway in question to
OWNERS by this Agreement, VILLAGE reserves any and all rights over, above,
below and on the roadway constructed pursuant to ''this Agreement and the
entire right-of-way of Glendale Avenue and further reserves the right to make
alterations to the roadway constructed hereunder solely within its exclusive
discretion.
V. COVENANT RUNNING WITH THE LAND
All provisions of this Agreement, including the benefits and burdens are
hereby declared to run with the land and are binding upon and inure to the
benefit of the heirs, successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed by the proper signatories pursuant to authorization appropriately
given this P` day of �?�a rr L 1989.
Thii statsmsr.t is !✓asad srh; -'
upon Infornat:an and boli:i, u',%0 CAPITOL CAPITOL BANK AND TRUST, as Trustee
informotlon furnished by t`:c as aforesaid and not individually
benefloiary or bena-i:i':ia& 0 :113 under Trust #1746
aforesaid tru3t. The
has no Fsrsorsl krlo%vled;o or an?Y' ----
ATTEST: of the facts Cr siatarrcrts harein JOHN E. HOULIHAN
ccnt:;innd. SR. VICE PRESIDE11T & TRUST OFFICER
SHARON4' C;..%',VL��1� VILLAGE OF OAK BROOK,
ASSISTANT TRUST OFFICER DuPage and Cook Counties, Illinois
a murnicipal,7 corpor i.-on
By:
Wenc F. Cerne
Village president 1
ATTEST: PREPARED BY :
John H. Brechin, Village AttQrn
Village of Oak Brook
-�'=� -�` 1200 Oak Brook Road
Marianne Lakosill,, CMC Oak Brook , IL 605Z1
Village Clerk RETURN TO:
Bruce F . Kapf£
- Asssitant ^to Village Manager�i�
FEB-..°0,1' 98 (TUE) 09:46 OAK BROI'" IRE DEPT TEL: 63099n2392 P. 006
R89 -- 05) 9270
STATE OF ILLINOIS)
) SS.
COUNTY OF DU PAGE)
Cook
I, the undersigned, a Notary Public in and for k4p County and State
aforesaid, DO HE 3Y CERTIFY that Tthe above named/ %i%esident and
Assistant k=z Sir CAPITOL BANK AND TRUST, a/C6�• o ,n �}$onally known
to me to be the same oepsons whose names ares erg bLe �cgtr a foregoing
instrument as sucW A�W ( resldent and Assistant oan�oy� espectively,
appeared before me this day in person and acknowledged that they signed and
delivered the said instrument as their own free and voluntary acts; and as the
free and voluntary act of said CoTffg%l4ff 1Plcf�rr the uses and purposes therein
set forth; and the said sistant *eoo�y then and there acknowledged that
said Assistant �Fd`custodian of the corporate seal of said
Corporation caused the corporate seal of said Corporation to be affixed to
said instrument pursuant to authorit givep by the Board of Directors of said
Corporation, as said Assistantro5+n free and voluntary act, and as
the free and voluntary act of said Corporation for the, uses and purposes
therein set forth.
GIVEN under my hand and Notarial Seal this h ay of 1
1989.
Notary Pub
My Commission Mxxpires:
OFFICIAL SF,1AL„
� =AS
STATE OF ILLINOIS) NOTARY MIX STATE OF ILUNOIS
) 55, My Comrleelon EaPlres 08/08189
COUN'T'Y OF DU PAGE)
I, the undersigned, a Notary Public in and for the County and State
aforesaid, do hereby certify that the above-named WENCE F. CERNE, VILLAGE
PRESIDENT and MARIANNX LAKOSIL, VILLAGE CLERK, personally known to me to be
the same persons whose names are subscribed to the foregoing instrument as
such WENCE F. C'ERNE and MARIANNE T„AKOSIL respectively, appeared before me this
day in person and acknowledge that they signed and delivered the said
instrument as their own Free and voluntary act and as the free and voluntary
act of said Village for the uses and purposes therein set forth; and the said
Village President and Village Clerk, as custodians of the corporate seal of
said Village, caused the corporate seal of the said Village to be affixed to
said
instrument pursuant to authority given by the Board of Trustees of said Village.
0) ItZ GIVEN under my hand and Notarial seal this fjJ day of
190. _I
`Notary Public
My CoExpires:
" OFrICIAL S�At_ "
NORMA S. GATTAS
5 _ :JOTARY PJSUC. STATE OF Illi"
nn
��V +urtr4l�!I "In1prS 1311)r 1 /"
P.3
State of I11in
ENVIRAMEMTAL PROTEC N
AGENCY
May A.Cade,Director 2200 Churchill Roach Springfield,IL 62799.9276
2171782-6762
Nov 15 1996
Mn. Em. Mitchell
445 North Ashland Avenue
LaGrange Park, Illinois 60526
Re: LPC #0430755009 - DuPage County
Oak Btook/Grave Mill Garage
3824 'York Road
LUST Incident #921590
LUST/Tech Report File
Dear Mrs.-Mitchell:
The Agency has reviewed the Professional Engineer Certification Form dated October IS,
1996 and received October 21, 1996. Based on certification by a registered professional
engineer, Patrick M. Dowd, of Illinois, further remediation does not appear necessary in
regard to the above-referenced incident. This letter does not constitute Agency approval of
any costs incurred or corrective action activities performed during the remediation of the
above-referenced incident.
Should you have any questions or require further assistance, do not hesitate to contact
Craig Steinheimer, P.E., of my staff, at 2171782-6762.
V
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
EEP:CS;ct196486,WPD
cc. Michael Fleck, Michael J, Fleck and Associates
Prim"d oa hemla/Peer
(7_
i UU :Jl IJJyl P.4
Env irommental Protection A►
Leaking derground Storage TanVtragram
Professional Engineer Certification
A. Site identification
X2M Incident # 1rIrW% 921590 ISPA Generator # 1adW1 043075509°
site Name: oraue Mill garage
Site Add.rese ofttr.c.bf1i: 3824 York Road
City. Oakbrook County: Dupage
Be Certification
The release from the vndeWound Storage Tank(s) System associated with
Incident Number (6dilil) 921590 at the faeilitdescribed in the
attached Corrective Action Completion Report dated e 15 , 1995, has been
remediated in accordance with 3S 111. Adm. Code, Part (4 MOON) 73-1-7732 and
other applicable rule: and regulations. The remadiation has achieved the
cisan-up objectives set forth by the Agency in:
Guidance Manual for Petroleum-Related LUST Cleanups
in rllincia, Spring logo (1EPA/LPC/90-97')
Leaking Underground Storage Tank Manual, Fall 1991 X
(IRPA/LPC/91-203)
Leaking underground Storage Tank, Soil Sampling
Requirements (Feb. 1993)
Appendix a (from 33 111. Adm. Code Fart 732)
site Specific cleanup objectives set forth by the
Agency in the letter dated _
Other
Specify document --
I certify under penalty of law that the,correetive action completion report,
supporting documents and all attachments were prepared under my direction or
supervision or were reviewed by me. To the beet of my knowledge and belief,
the attached Corrective Action Completion Report, supporting documents and all
attachments are Cruel, accurate and complete, I am aware that there are
aignificant penalties for submitting false information, including the
possibility of the fine and imprisonment for knowing violations.
Professional Bngfineer P.a. seal
Nome? Patrick M. Dowd
Firm, Patrick M. Dowd
Address: 1031 w, Bombay WZX
�PaiatlQ4, ILS 60467,__
Phone: Bai7-7 sr 1 d i F;
111. Registration No. : 6204 5213
License Exp tion nate: -1 97
signature:
Dates 1Q—lfl.:19.
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IL 332 2289
LPC 515 Rev.
LAND-3-ALE,_CQNTII_A CT
THIS CONTRACT, made this 1st day of August, 1997 by and between First
National Bank of LaGrange Vu/t No. 1090 dated June 4, 1975 (hereinafter referred
to as "Seller"), and ALAN ROCCA or nominee (hereinafter referred to as
"Purchaser");
WITNESSETH
WHEREAS, Seller is the owner of certain vacant and improved real estate
located in Oak Brook, County of DiPage, and the State of Illinois, which real estate
is more particularly set forth and shown as Parcels "One" and "Two" in a survey
prepared by Russell W. Schomig of Schomig 1.,and Surveyors Ltd. originally dated,
November 29, 1994 and legally described in Exhibit "A" attached hereto,
(hereinafter referred to as the "proparLy") with a common address known as 3824
York Road, Oak Brook, Illinois; -and
WHEREAS, Seller has agreed to sell and F'2rchaser has agreed to purchase
the Property as shown on the aforementioned survey; atLd
NOW, `r IEREFORE, in consideration of the mutual covenants and
agreements of each party to the other contained herein, the parties hereto do
hereby mutually covenant and agree as follows;
ARTICl F, I
UI CHASE. AND_SALE;_.PURCTIASETRICI;
1.1 'UPCIiASE, PRICE Subject to the terms and conditions contained
herein, Seller agrees to sell the Property as described on the attached survey to
Purchaser and Purchaser agrees to purchase the Property from Seller. The total
purchase price for the property shall be
Dollar; which shill be paid ,Is follows.
1.2 PAYM.i NT_O1 I)!-IRC; SE_M{l(_,;,1�� The purchase price shall be paid
by Purchaser to Seller in the following manner:
(A) Dollars by way of cashier's
chock its earnest money (hereinafter referred to as the: "Earnest
Money") to be applied on the Purchase Price; the Earnest Money has
been deposited with the seller's attorney in an interest-bearing escrow
for the benefit of the parties with all interest accruing thereon to be
applied for the benefit of I'cn•chaser.
i
2.2 CONDITION OF TITLE As evidence of Seller's title, Seller agrees to
furnish to Purchaser at Seller's sole cost and expense, as soon as possible, but in
no event later than twenty-one (21) days from date hereof, a commitment from
Chicago Title Insurance Co. (the "Title Company), for the property to issue to
Purchaser at Closing its owner's title policy in the amount of the Purchase Price,
stating that Seller's title to the Property is in the condition required by Section 3.1
hereof and containing an ALTA 3.0 zoning endorsement to the effect that the
Property is zoned B-3, and containing an extended coverage endorsement over all
of the general exceptions customarily contained in such policies. Seller may provide
an initial title commitment in the, amount of $10,000.00 of owner's coverage and
increase to contract price thirty (30) days before closing.
2.3 DEFECTS. IN TITLI If the title insurance commitment issued by the
Title Company shows that Seller's title to the F'operty is not in the condition
required by Section ,3.1 hereof, Seller shall have fifteon (15) days from the (late of
Seller's receipt of such commitment in which to remedy the defectis of title shown
thereon or to obtain title insurance by the title company insuring over and against
such defects and agreeing in writing to similarly insure subsequent purchasers of
the Property. If Seller is unable to remedy such defects or obtain sixch title
insurance within said time period, Purchaser shall have the option to accept
conveyance of title subject to such title defects and proceed with this Contract (in
which event Seller's Trustee's Deed to the property will be accepted subject to any
such defects) or give written notice to Seller to terminate this Contract, in which
latter event Seller shall return to Ptirchaser the Earnest Money, and thereafter no
party hereto sliall have any claim against another party hereto by virtue of this
Contract. If, however, the condition of title to the Property at Closing is not such
as is required by Section 2.1 hereof solely by reason of any mortgages, judgments,
debts, security interests, or other liens or obligations which were not created or
incurred by acts of Purchaser, or those claiming by, through or under Purchaser,
the amount of each of which is readily ascertainable and the aggregate amount of
which is less than the portion of the Purchase Price paid by check to Seller at the
Closing, the transaction contemplated hereunder shall be consummated by
application of the amount of such Portion of the Purchase Price as may he
necessary to discharge such obligations of Seller.
ARTICLE III
CONDITIONS PRECEDENT
3..1 CONDITIONS PRECEDENT The Closing of this Contract is subject
to each and all of the following conditions precedent:
(A) Purchaser's receipt of the following within twenty-one (21) days
from the date hereof:
3
contract by giving Seller written notice of such election within ninety
(90) days of acceptance hereof by Seller, and thereupon this contract
shall be null and void and of no further force and effect, and the
earnest money, including any interest earned thereon, shall be
returned. The cost of any such studies, tests or inspections shall be
paid by Purchaser, unless otherwise stated herein;
(H) That there are no easements, express or implied, which are
unacceptable to Purchaser or which would affect Purchaser's proposed
use of the property; that the-current zoning permits purchaser to build
a two-story office building consisting of approximately 7,500 square
feet, to be ascertained by Purchaser.
(I) Purchaser shall obtain, if desired by Purchaser within ninety
(90) days of acceptance of this agreement, at Purchaser's expense, a
"Phase One" environmental study report of the subject property. In
the event that Purchaser shall, for any reason, in the exercise of his
own discretion, disapprove of the findings of said Environmental
report, Purchaser may, by giving Seller written notice of such
disapproval within five (5) days of Purchaser's receipt of said study
report, declare this contract to be null and void and of no further force
and effect, and in such event all earnest money shall be returned to
the Purchaser forthwith.
(J) The title commitment referred to in Paragraph 2.2 and the
survey as described in Paragraph 3.1(c) shall be provided to Purchaser
and paid for by Seller at closing. In the event this matter does not
close as a result of Purchaser's default or the non-occurrence of any
condition precedent to purchaser's obligation to close, then Purchaser
agrees to pay the cost of said commitment and survey or any
cancellation charge for same up to the amount of $2,500.00.
3.2 SOIL TESTS AND TQLOGICAL SURVEY Purchaser shall have
the right, at any time after the date of this Contract, to make environmental
studies, test borings, field surveys, soil and percolation tests as well as any other
tests which Purchaser may desire so long as such tests do not materially damage
the property. Purchaser shall have the right to declare this contract null and void
and of no further force and effect and to have the Earnest Money returned to it
should such tests, in the opinion of Purchaser, indicate the Property is unsuitable
for P'urchaser's proposed use, provided that in any event such right is exercised on
or before the expiration of ninety (90) days from the date of acceptance of this
agreement.
5
If all of the conditionsp recedent contained in Article III hereof have not been
satisfied or waived by Purchaser before the Date of Closing, Purchaser and Seller
may agree to extend the Date of Closing to a date certain, or Purchaser may
terminate this Contract by written notice to Seller and all obligations hereunder of
the parties hereto, in which event Seller shall cause the Earnest Money to be
promptly returned to Purchaser and thereafter no party hereto shall have any claim
against another party hereto by virtue of this contract.
4.2 ESCROW. The consummation of the transaction contemplated
hereunder shall take place in escrow with the Title Company pursuant to a written
escrow agreement among Ptirchaser, Seller, and the Title Company containing
terms and conditions not inconsistent with the terms and conditions of this Contract
(which shall in all events be controlling) and mutually satisfactory to Purchaser and
Seller. The cost of any escrow services provided by Title Company shall be borne
equally by Seller and Purchaser.
ARTIC)LH V
SELLER'S REPRESENTATIONS AND WARRANTIES
6.1 Seller hereby represents and covenants with Purchaser and its
successors or assigns that to the best of Seller's current actual knowledge:
(A) That Seller presently is the beneficiary of a land trust which
holds title in fee of the property and no other person or entities are in
possession of the property;
(B) That Seller has not received any notice of, nor do they have any
knowledge of, any suits, judgements or violations relating to or at the
Property of any zoning, building code, health, wetlands, flood plains,
floodways, pollution or waste disposal code or regulation; that Seller
has not received any notice, or other legal action of any kind involving
the Property; .and that, at Closing, the Property shall be conveyed to
Purchaser (or it's nominee or successors or assigns) free and clear of
any violations of any building, safety, or health ordinance, statute, or
regulation of which Seller has received notice or has knowledge of, or
provisions satisfactory to Purchaser shall have been made to correct
and pay for any such violation;
(C) That Seller shall not hereafter contract for any services, or make
any commitments or obligations, which will bind Purchaser as a
successor in interest with respect to the Property;
7
(3) There are no pending anticipated suits, actions,
investigations, proceedings, liens or notices from
any governmental or quasi-governmental agency
with respect to the Real Estate, Seller, or
Environmental Laws (as hereinafter defined).
For purposes of this Contract, the term Hazardous or Toxic Material
shall be defined to include: (i) asbestos or any material composed of or
containing asbestos in any form and in any type, or (ii) any hazardous,
toxic or dangerous waste, contaminant, pollutant, substance, material,
smoke, gas or particulate matter, as from time to time defined by or
for purposes of the Comprehensive Environmental Response
Compensation and Liability Act, as amended, and any law commonly
referred to as of the date hereof as "Superfund" or "Superlien" or any
successor to such laws, or any other Federal, state or local
environmental, health or safety statute, ordinance, code, rule,
regulation, order or decree regulating, .relating to or imposing liability
or standards concerning or in connection with hazardous, toxic or
dangerous wastes, substances, material, gas or particulate matter as
now or at any time hereinafter in effect (collectively, the
"Environmental Laws"). Seller agrees to hold harmless, defend and
indemnify Purchaser from and against any and all loss, damage, cost,
liability or expense (including reasonable attorneys' and consultants'
fees, court costs, penalties and fines) relating to personal, property or
economic injury arising from a misrepresentation contained in this
subparagraph. All terms of this Paragraph shall survive the Closing
and remain in full force and effect for the maximum period provided
by law.
(L) That Frank C. Mitchell, Frank E. Mitchell, and E.M. Mitchell,
as Beneficiaries, own the entire beneficial interest in that certain land
trust agreement creating Seller and Beneficiary as the only one
authorized to execute the power of direction under such trust
agreement creating such land trust; and in consideration of the
covenants and agreements of Purchaser contained herein, Beneficiary
(but not Seller) warrants and represents that it will exercise the power
of direction reserved to it under such trust agreement, and do such
other acts and things, as may be necessary or required to direct and
enable Seller to meet, comply with, and perform each and every
condition, covenant, and agreement that it is required to meet, comply
with, or perform under the terms and conditions contained herein;
9
(C) Seller and Purchasers shall execute and deliver a closing
statement setting forth the Purchaser Price, with closing adjustments
thereto, and the application thereof at Closing; and
(D) Purchasers shall deliver to the escrowee the balance of the
Purchase Price required to be. paid pursuant to paragraph 1.2(B)
hereof,
Wherever in this Article VII it is provided that Seller shall execute any
particular document or instrumentp such provision shall be interpreted to mandate
execution by Seller's agent if required to effect the intended transfer or assignment.
ARTICLE VIII
CLOSING ADJU TMENTS
8.1 The following items shall be paid, prorated, or adjusted in the manner
hereinafter set forth:
(A)' All real estate taxes due and owing as of the Date of Closing,
and all special assessments against the Property, whether payable in
installments or not, and all penalties and interest thereon, shall be
paid by Seller.
(B) Current real estate taxes shall be prorated as of Closing upon
the tax year of the applicable taxing authority so that the portion of
current taxes allocable to the period from the beginning of such tax
year through the Date of Closing shall be credited to Purchaser and
the portion of the current taxes allocable to the portion of such tax
year from the Date of Closing to the end of such tax year shall be
charged to and paid by Purchaser. If the amount of the current
general taxes is not then ascertainable, the adjustment thereof shall
be predicated upon one hundred five percent (105°x) of the most recent
ascertainable taxes. Seller and Purchaser do hereby agree to reprorate
the 1996 real estate taxes forthwith upon Purchaser's receipt of the
actual tax bill for the year in question. Such agreement shall survive
the consummation of the transaction.
(C) Seller shall pay all expenses necessary to repair or maintain the
Property incurred up to the Date of Closing, including such
expenditures as shall be required to make the representations,
warranties and covenants contained in Article VI above true and
correct as of the Date of Closing.
11
1��
AAI ,,TICLE XI
MISCELLANEOUS
11.1 NOTICES All notices to be given hereunder shall be sent certified
mail, return receipt requested, with postage prepaid, to the parties at the following
addresses (or to such other or further addresses .as the parties may hereafter
designate by like notice similarly sent):
To Seller: Mr. and Mrs. F. Mitchell
445 No. Ashland Avenue
LaGrange Park, IL 60526
With a copy sent via facsimile to: C. Jardine, Attorney
106 W. Burlington
LaGrange, IL 60526
Fax 708-352-6185
To Purchaser: A. Rocca
735 E. Roosevelt Road
Lombard, IL 60147
With a copy sent via facsimile to: J.M. Paxiletto, Attorney
220 E. North Avenue
Northlake, IL 60164
Fax 708-651-0691
11.2 ENTIRE AGREEMENT This Contract and the Exhibits attached
hereto embody the entire ag-reerrient between the parties in connection with this
transaction and there are no oral or parol agreements, representations, or
inducements existing between the parties relating to this transaction which are not
expressly set forth herein and covered hereby. This contract may not be modified
except by a written agreement signed by all of the parties.
11.3 SSURVIVAL OF WARRANTIES Each covenant, condition, and
representation set forth herein shall survive the Closing and delivery of the deed
and other documents contemplated herein, including all covenants and agreements
which are to be performed or applied to circumstances subsequent to the Date of
Closing.
11.4 BINDING EFFEMC' This Contract shall be binding upon and inure to
the benefit of the parties hereto, their respective heirs, legal representatives,
administrators, successors, successors in interest, and assigns.
13
11.11 DELIVERY A duplicate original of this Contract duly executed by
Seller shall be delivered to Purchaser's attorney within five (5) days from the date
of this Contract; otherwise, at Purchaser's option, this Contract shall become null
and void, and the Earnest Money Note shall be returned to Purchaser.
11.12 That the parties, by their execution of this Agreement dated August
1, 1997, do hereby cancel the prior contract between them dated April 21, 1997,
which subject matter was the same property as described herein.
IN WITNESS WHEREOF, the parties hereto have executed this Contract
as of the day and year first above written.
ACPPIPTED FOR PURCHASER, this
day of hVC5 T . 1997.
ACCEPTED FOR SELLER, this
11 t h day of Au g u s t 1997.
First National Bank of LaGrange
not personally but as trustee
by . p
C risto'AnlQr ICA
er yce
C*%W P W OVSG%IVPI=$%JMP\AEALBSTI PO,RMS\tANWAL6 CON
15
Property, all other provisions of the underlying ordinances remain in
full force and effect.
1I
Village Attorney Martens suggested that the maker of the motion
move that all four(4)ordinances be approved at the same time.
i
Motion by Trustee McInerney, seconded by Trustee Caleel, to pass
Ordinance 99-SD-DP+CA-S-937, "An Ordinance Amending
Ordinance S-914 By Extending The Expiration Date Of The
Certificate Of Appropriateness Granted Therein (3824 York Road,
Oak Brook, IL 60523)••,Ordinance 99-ZO-SU-S-93 "An Ordinance
Amending Ordinance S-915 By Extending The Expiration Date Of
The Special Use Permit Granted Therein (3824 York Road, Oak
Brook, IL 60523)", Ordinance 99-ZO-SU-FP-S-939, "An Ordinance
Amending Ordinance S-916 By Extending The Expiration Date Of
The Flood Plain Special Use Permit Granted Therein (3824 York
Road, Oak Brook, IL 60523)", and Ordinance 99 ZO-V-S-940, "An
Ordinance Amending Ordinance S-917 By Extending The Expiration
Date Of The Variations From The Provisions Of The Zoning �
Ordinance (3824 York Road, Oak Brook, IL 60523,", as presented
and waive the full reading thereof. ROLL+BALI.VOTE:
I
Ayes.: 4 - Trustees Caleel, Denny, Mclnemey and President
Bushy.
Nays: 0 - None.
Absent: 3 - Trustees Bartecki, Savino and Shumate. Motion 1
carried.
i
5) ORDINANCE 99-LC-TA-r.-All AN ORDINANCEE U�ELFTI lr i - ;
SECTIONS 8-61 AND 5-62 OF ARTICLE II OF CHAPTER 8 oRts>94-LC-TA-G-
DELETE SECTIONS
ENTITLED._"VEHICLES FOIL HIRE" OF THE COI3_.E OF 5-61 and 8-62 0
'®RL?INANCES OF THE VILLAGE OF OAK B1:OOK. ART. II of
IL LINOIS: CHAPTER 8,
"VEHICLES FOR HT
Regulation of taxi service in the Village began in 1982 with the
licensing of American Taxi as the sole taxi company authorized to
originate trips in the Village. There was established at that time a
limitation on the number of licensed ,cabs, which was increased
several times over the years in response to requests from the company
and support from hotels in the Village.
In 1996, the Village revamped its approach to taxi regulation. The
new ordinance provided for licensing of taxi companies and taxi
drivers without limit as to number. The company licensing process
involves registration of vehicles to be operated in the Village, which
provides the means of inspecting and qualifying the cabs themselves.
VILLAGE OF OAK. BROOK Minutes 5 of I8
April 27, 1999
R1999121367 . 'MAY 27 P-4 3: 30
::ill I !
°y a
(Above Space For Recorder's Office Only)
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, Illinois 60523-2255
RECORDED DOCUMENT TITLE PAGE
Title of Document ORDINANCE 99-?O-SU-S-938 AN ORDINANCE AMENDING ORDINANCE , -
915 BY EXTENDING THE EXPIRATION DATE OF THE SPECIAL. USE PERMIT GRANTED
THEREIN (3824 York Road, Oak Brook. IL 60523)
Property Address/es 3824 York Road,. Oak Brook IL @Q523
(if vacant land, state vacant land and list nearest cross streets,Oak Brook, IL 60523.1
Pin/s Number 06-36-308-013 and 06-36-308--014
Name &Address of Applicant Alan Rocca,., 114 CanterburiLane. Oak Brook-11-60523
Name & Address of Responsible Alan Rocca
Party to Receive Recorded 114 Canterbury Lane. Oak Brook. IL 60523
Document and Billing: _
G/L Account#to be Charged
Prepared By: Village of Oak Brook Return T : Village of Oak Brook
1200 Oak Brook t _..� 1200 Oak Brook R„Qad
_Oak Brook. illinois 60523 Oak Brook,111inoi§ 6052
Name &Address of Recipient ,_.._
of Consideration (when applicable j: N/A
G/L Account#to be Charged __
s
!-eras s3escriation �#
Lot 1 in J. Lynch's Assessment Resuhdivision of part of Tract B,
in J. Lynch Second Plat of Survey (recorded February 11, 1954 as
Document No. 707775), of part of Lot 1 in Gmoser and Bluma's Plat of dap
Survey (recorded June 18, 1949 as Document No. 570094), in the South ,a
1/2 of Section 36, Township 39 North, Range 11, East of the Third Principal
Meridian, according to the Plat of said J. Lynch's Assessment
Resubdivision recorded May 2, 1957 as Document No. 840938, in
DuPage County, IL. Permanent Parcel No. 06-36-308-014.
EaT,g U That part of tract B, in J. Lynch Second Plat of Survey
Documenfi No. 707775), a part of Lot 1, Gmoser and Bluma's Plat of
urvey situated in that part of the South '/z o€Section 36, Township 39
North, Range 11, East of the Third Principal Meridian, bounded and
described as follows to wit: Commencingg at the Southwest comer of the
Southeast 1/f4 of Section 36, Township 39 North, Range 11, East of the
Third Principal Meridian;thence as along the South tine of Section 36, a
distance of 280.5 feet to a point in the center line of Spring Road as now
patted and recorded; thence Northwesterly along the center line of said
Spring Road, a distance of 245.90 feet to the point of beginning; thence
still along said center line of Spring Road, a distance of 85.0 feet to a
point, thence South 62 degrees, 01 minute West, a distance of 175.0 feet
to a point, thence, South 27 degrees 59 minutes East, a distance of 60
feet to a point,thence 70 degrees 09 minutes East, a distance of 176.71#
feet to the point and point of beginning, except that portion lying in Spring
Road, dedicated for highway purposes, all in DuPage County, lilinois.
Permanent Parcel No. 06-36-308-013.
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STATE OF ILLINOIS )
) SS.
COUNTIES OF COOK AND DU PAGE ) '
L ]
1, Linda K. Gonnella, do hereby certify that I am the duly elected and acting
Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois.
I DO FURTHER CERTIFY that on April 27, 1999 , the corporate
authorities of the above municipality passed and approved Ordinance 99-ZO-su-S-938,
AN ORDINANCE AMENDING ORDINANCE S-915 BY EXTENDING THE EXPIRATION DATE
OF THE SPECIAL USE PERMIT GRANTED THEREIN (3824 York Road, Oak Brook, IL
(I
60523)
i DO FURTHER CERTIFY that the original documents, of which the annexed !'
copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the j
same.
I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries,
i
resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and
Cook Counties, Illinois.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed tthe�corporate
seal of the Village of Oak Brook this 11th day of P Mav
19 O F 04
Gonnella~
Clerk
of Oak Brook
age and Cook Counties, IL
couiq i
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° _ v +777777"7
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CS 9 II
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urr+
VILLAGE OF OAK BROOD
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60523.2255
PHONE: 630 990-3000
FAX: 630 990-0876
June 7, 1999 W E B S I T E: www.oak-brook.org
MEMO TOO Stephen B.Veitch
Richard A.Martens i
Linda K.Gonnella
Dale L.Durfey
Tom Hawk
Darrell Langlois
I
FROM: Linda Andtys
SUBJECT: Recorded Documents
The following documents were recorded on May 27, 1999:
1. ORDINANCE 99-W-V-S-932
Oak Brook park Iiisirict/1450 Forest Gate Rd.,Oak Brook,11,60523
R1999121365 Recording Fee: $15.00 G/L#to be Charged: 10-1365
2. ORDINANCE 99-SD-DP+CA-S-937
Alan Rocca/3824`fork Rd.,Oak Brook,II.60523
81999121366 Recording Fee: $16.00 G/L#to be C3aarged: 10-1365
03. ORDINANCE 99-ZO-SU-S-938
Alan Rocca/3824 York Rd.,Oak Brook,EL 60523
81999121367 Recording Fee: $16.00 GfL#to be Charged: 10-1365
4. ORDINANCE 99-ZC,1-SU-FP-S-939
Alan Rocca/3824 York.Rd.,Oak Brook,17.60523
R1999121368 Recording Fee: $16.00 G/L#to be Charged: 10-1365
S. ORDINANCE 99-ZO-V-S-940
Alan Rocca/3824 York Rd.,Oak Brook,IL 60523
R1999121369 Recording Fee: $16.00 G/L#to be Charged: 10-1365
6. ORDINANCE 99-ZO-V-S-941
John&Judith Sprieser/3423 Spring Rd.,Oak Brook,IL 60523
R1999121370 Recording Fee: $15.00 G/L#to be Charged: 10-1365
I
cc: Official Files
/RECD0C'11449-REC1 FM0-A NE-07
"`" w `{,r,`' #'' g 'P ',X '' ` .,4 -
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An a
F.
o i
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK , ILLINOIS 60523-2255 G
PHONE: 630 990-3000
FAX: 630 990-0876
July 14, 1999
Alan Rocca
114 Canterbury Lane
Oak Brook,Illinois 60523
i
Re: Recorded Documents on May 27, 1999
ORDINANCE 99-SD-DP+CA-S-937 R1999121366
ORDINANCE 99-ZO-SU-S-938 R1999121367✓�
ORDINANCE 99-ZO-SU-FP-S-939 R1999121368
ORDINANCE 99-ZO-V-S-940 R1999121369
3824 York Rd.,Oak Brook,IL 60523
Dear Mr.Rocca:
Copies of the above noted documents are enclosed for your information. These are important
records and should be retained in a secure area within your files.
If you need any further assistance in this matter,please feel free to contact me.
Sincerely,
Linda M.Andrys
Records Management Clerk
/ima
Enclosures
cc: Dale L.Durfey,Village Engineer
Tom Hawk,Director of Community Development
Official Files I/ OAb S-139
/RLCr)C)C/i()"-R,CL'R'R-ROCCA-2
rill
I,