R-974 - 04/24/2007 - ZONING - Resolutions FRED BUCHOLZ
OUPAGE COUNTY RECORDER
JUN.27,2007 4:04 PM
OTHER 06—28—306—001
004 PAGES R2007- 119973
(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 RESOLUTION 2007-ZO-SD-FP-V-R-974 - -
A RESOLUTION APPROVING THE FINAL PLAT KNOWN AS GATTO'S SUBDIVISION -
(A CONSOLIDATION OF TWO LOTS INTO A SINGLE LOT) AND GRANTING A VARIATION FROM
THE PROVISIONS OF SECTION 14-6-3K OF TITLE 14 ("SUBDIVISION REGULATIONS") OF THE
VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO UTILITY EASEMENTS
Property Address/es 3005 & 3009 Meyers Road
(If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.)
OAK BROOK IL 60523
Pin Number/s 06-28-306-001 AND 06-28-306-002
Name &Address of Applicant: Brian J. Armstrong for George & Ann Gatto
105 E. Irving Park Road, Itasca, IL 60143
Name &Address of Responsible GATTO INDUSTRIAL PLATERS ATTN.: GEORGE GATTO
Party to Receive Copy of 4620 W. ROOSEVELT ROAD
Recorded Document and Billing: CHICAGO, IL 60644
G/L Account#to be Charged: 10-1365
Prepared B Village of Oak Brook Return To: Village of Oak Brook
1200 Oak Brook Road 1200 Oak Brook Road
Oak Brook, Illinois 60523 Oak Brook, Illinois 60523
Name &Address of Recipient N/A
of Consideration (when applicable):
G/L Account#to be Charged:
RESOLUTION 2007- ZO- SD- FP -V -R -974
A RESOLUTION APPROVING THE FINAL PLAT KNOWN AS GATTO'S SUBDIVISION
(A CONSOLIDATION OF TWO LOTS INTO A SINGLE LOT) AND GRANTING A VARIATION FROM
THE PROVISIONS OF SECTION 14 -6 -3K OF TITLE 14 ( "SUBDIVISION REGULATIONS ") OF THE
VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO UTILITY EASEMENTS
(3005 and 3009 Meyers Road; P.I.N. # 06 -28- 306 -001, 06 -28- 306 -002)
WHEREAS, the Plan Commission of the Village of Oak Brook, on March 19, 2007, recommended
the approval of the proposed Gatto's Subdivision (3005 and 3009 Meyers Road); and
WHEREAS, the property at 3005 and 3009 Meyers Road is legally described as follows:
Lot 160 and 161 in Ginger Creek, a subdivision of parts of Section 27 and 28, Township 39 North,
Range 11, East of the Third Principal Meridian, according to the plat thereof Recorded December
30, 1960 as Document 992057, in DuPage County, Illinois; and
WHEREAS, the Village of Oak Brook has heretofore adopted an ordinance setting forth the
Subdivision Regulations for the Village of Oak Brook in Title 14 of the Village Code; and
WHEREAS, the owners of the property at 3005 and 3009 Meyers Road, George and Ann Gatto,
have submitted a petition for a variation from the requirements of Section 14 -6 -3K of the Subdivision
Regulations relative to the requirement that utility easements be located along the rear lot lines and side
lot lines and that such easements occupy not less than the rear ten feet (10') of lot depth on each lot and
not less than six feet (6') adjacent to side lot lines, to allow the utility easements to meander around
certain trees that the owners wish to save from removal; and
WHEREAS, Section 14 -7 -3A sets forth the authority to grant variations from the requirements of
Title 14, in specific cases which, in the opinion of the Plan Commission, are in harmony with the intent
and purpose of the official plan of the Village and in harmony with the spirit and intent of the restrictions in
Title 14; and
WHEREAS, in making its recommendation, the Plan Commission found that the variations
requested are in harmony with the intent and purpose of the official plan of the Village and in harmony
with the spirit and intent of the restrictions in Title 14; and
WHEREAS, the Village President and Board of Trustees have considered the recommendations
and findings of the Plan Commission and concur with same; and
NOW THEREFORE, BE IT RESOLVED 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 Final Plat of Subdivision known as Gatto's Subdivision, prepared by
Marchese and Sons, Inc., and received by the Village on March 5, 2007, be and is hereby approved,
subject to the condition that the final plat be revised and approved by the Village Engineer prior to the
Village's execution of such plat and recording thereof.
Section 2: All requirements, conditions and standards of the Subdivision Regulations of the
Village of Oak Brook shall be applicable to the subdivision and development of said Gatto's Subdivision,
except as varied by this Resolution.
Resolution 2007- SD- FP -V -R -974
Approving Final Plat
Gatto's Subdivision
(3005 and 3009 Meyers Road)
P.I.N. #06 -28- 306 -001, 06 -28- 306 -002
Page 2 of 2
Section 3: A variation is hereby granted from the provisions of Section 14 -6 -3K of the Subdivision
Regulations so as not to require a utility easement along the rear lot line of the consolidated lots.
Section 4: This resolution shall be in full force and effect from and after its passage, approval
and publication as required by law.
Section 5: All resolutions or parts thereof in conflict with the provisions of this resolution be and
the same are hereby repealed to the extent of such conflict.
APPROVED THIS 24th day of April, 2007.
Kevin Qu' Ian
Village resident
PASSED THIS 24th day of April, 2007.
Ayes: Trustees Aktipis, Craig, Kennedy Manofsky, Sanford and Yusuf
Nays: None
Absent: None
ATTEST:
Linda K. Gonnella CMC
Village Clerk
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Village of
Oak Brook August 30, 2007
1200 Oak Brook Road
Oak Brook,IL 60523-2255
Website
www.oak-brook.org
Gatto Industrial Platers
Administration Attention: Mr. George Gatto
630.368.5000 4620 W. Roosevelt road
FAX 630.3630.36 8..5050 45
Chicago, IL 60644
Community
Development
630.368.5101 Re: Recorded Documents on June 27, 2007:
FAX 630.368.5128 GATTO'S SUBDIVISION-FINAL PLAT R2007-119972
RESOLUTION 2007-ZO-SD-FP-V-R-974 R2007-119973
Engineering 3005 & 3009 Meyers Road
Department
630.368.5130 Oak Brook, Illinois 60523
FAX 630.368.5128
Dear Mr. Gatto:
Fire Department
630.368.5200
FAX 630.368.5250 Copies of the above noted recorded documents are enclosed for your information.
These are important records and should be retained in a secure area within your
Police Department files.
630.368.8700
FAX 630.368.8739
If you need any further assistance in this matter, feel free to contact me at 630-
Public Works 368-5056 on Monday through Friday from 9am to 5pm.
Department
630.368.5270
FAX 630.368.5295 Sincerely,
Oak Brook
Public Library
Linda M. Andrys
600 Oak Brook Road Records Management Clerk
Oak Brook,IL 60523-2200
630.368.7700
FAX 630.368.7704 /lma
Oak Brook Sports Core
Enclosures
Bath&Tennis Club
700 Oak Brook Road cc: Dale L. Durfey, Jr., Village Engineer
Oak Brook,IL 60523-4600 Robert L. Kallien, Jr., Director of Community Development
630.368.6420 Official Files
FAX 630.368.6439
Golf Club /RECDOC/2007-RECLTR-SD-FP-GATTO-3005&3009 MEYERS RD
2606 York Road
Oak Brook,IL 60523-4602
630.368.6400
FAX 630.368.6419
STATE OF ILLINOIS )
SS.
COUNTIES OF COOK AND DUPAGE )
I, Charlotte K. Pruss, 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 24, 2007,the corporate authorities
of the above municipality passed and approved
Resolution 2007-ZO-SD-FP-V-R-974,
A RESOLUTION APPROVING THE FINAL PLAT KNOWN AS GATTO'S SUBDIVISION
(A CONSOLIDATION OF TWO LOTS INTO A SINGLE LOT) AND GRANTING A VARIATION
FROM THE PROVISIONS OF SECTION 14-6-3K OF TITLE 14("SUBDIVISION
REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE
TO UTILITY EASEMENTS
(3005 and 3009 Meyers Road; P.I.N. #06-28-306-001, 06-28-306-002)
I DO FURTHER CERTIFY that the original document, of which the annexed
copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the
same.
I DO FURTHER CERTIFY that I am the keeper of the records,journals, entries,
resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and
Cook Counties, Illinois.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate
seal of the Village of Oak Brook this 25th day of May , 2007.
Pruss
cc> � Charlotte K.
Village Clerk
Village of Oak Brook
DuPage and Cook Counties, Illinois
A �•• � g
9c � `tea
4010 \01
,\
r V I L LAC F O F ZONING ZDQL INANCE FLOOD PLAIN
OAK p,
1200 OAK BROOK ROAD APPEAL �C7f VARIATION
�,,,. OAK BROOK, ILLINOIS 60521 $100 I,C� $300
654-2220
VARIATION fC71 SPECIAL US
L—� $300 �1 $675
APPLICATION FOR PUBLIC IIF.ARING
AMENDMENT
TO BE FILED WITH VILLAGE CLERK $650
, SPECIAL USE
$400
(Section 2-225, 8/11/8
------------------------------------------------------------------------------------------------
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 SUBJEC
PROPERTY.
-----------------------------------------------------
DO NOT WRITE IN THIS SPACE -- FOR OFFICE USE ONLY
Date Filed: Board of Trustees Referral -7
Notice Published: ` 1- 7 -9 b Newspaper: �c
Date Adjacent Property Owners Notified: $' 7- �6 _ Staff Referral:
Public Hearing Dates: Plan Commission Zoning Board of Appeals Z- 96
Board of Trustees J -9- Board of Trustees `?- Z
(A proval of Ordinanc
Receipt No. : f Receiv
FEE PAID: $ c � ed By: L
Village Clerk
------------------------------------------------------------------------------------------------
APPLICAyr TO COMPLETE
LOCATION OF SUBJECT PROPERTY: PERMANENT PARCEL NUMBER�]fi_2a_aQh_0W
LOT NO. 160 SUBDIVISION ', GINGER CREEK ADDRESS SEE ATI'ACIIE) -EGAT
ZONING R-2 SINGLE FAMILY ZONING ORDINANCE SECTION FLOOD PLAIN-n1AP TFR 10
ACTION REQUESTED SPECIAL USE PERMIT TO BUILD A HOUSE JUTIi BA.SE["I ]NT IN GINGER CREEK
FLOOD PLAIN DIVER OF 64ATER RETAINMEI\]T AS PER ATTACHED LAYOUT WITH VIATER RETENTION DATA.
PROPERTY INTEREST OF APPLICANT: OWNER CONTRACT PURCHASER UC . AGENT '1
OWNER(S) OF RECORD AMERICAN NATIONAL BANK. TRUST R32370 _ PHONE NUMBER tir,i_5nnn
ADDRESS T� ZIP rn6n?
BENEFICIARY(IES) OF TRUST: q TCNIN TH PHONE NUMBER 848-122q
ADDRESS 520 NORTH OAK PARK AVEI�IL� , (IATC PARK, TT T TT\tnTS ZIP tin-m
NAME OF APPLICANT - TT .T NA'T'FTT PHONE NUMBER g-A2 j 222
ZIP _ 601 AR
ADDRESS 3
I (we) certify that all of the above statements and the statements contained in any papers
or plans submitted herewith are true to the best of my (our) knowledge and belief.
signature Applicant Date signatur� Applicant Date
1
N 1 ILL it) i" 'c i 1 L10 13
Filing Schedule
VARIATION: MUST BE RECEIVED APPROXIMATELY SIX (6) WEEKS PRIOR TO THE
PUBLIC DARING HP,-LD ON THE FIRST TUESDAY OF EACH MONTH.
AMENDMT OR
SPECIAL USE: MUST BE RECEIVED PRIOR TO THE 15TH OF THE "TH FOR PLAN
COMMISSION HEARING ON 111E THIRD MONDAY OF THE FOLLOWING
MONTH, WITH ZONING BOARD PUBLIC HEARING TO FOLLOW.
A Variation is a zoning adjustment which permits minor changes of district require-
ments where individual properties are both harshly and uniquely burdened by the
strict application of the law. The power to vary is restricted and the degree of
Variation is limited to the minimum change necessary to overcome the inequality
inherent in the property.
1. A Variation recognizes that the same district requirements do not affect all
properties equally; it was invented to permit minor changes to allow hardship prop-
erties to enjoy equal opportunities with properties similarly zoned. You mast
prove that your land is affected by special circumstances or unusual conditions.
These must result in uncommon hardship and unequal treatment under the strict ap-
plication of the Zoning Ordinance. Where hardship conditions extend to other prop-
erties a Variation cannot be granted. The remedy for general hardship is a change
of the map or the text of the Zoning Ordinance.
2. You must prove that the combination of the Zoning Ordinance and the uncommon
conditions of your property prevents you from making any reasonable use of your
land as permitted by your present zoning district. Since zoning regulates land and
not people, the following conditions cannot be considered pertinent to the applica-
tion for a Variation: (1) Proof that a Variation would increase the financial re-
turn from the land, (2) Personal hardship, (3) Self-imposed hardship. In the last
case, the recognition of conditions created after the enactment of the Zoning Ordi-
nance would encourage and condone violation of the law.
3. No Variation may be granted which would adversely affect surrounding property
or the general neighborhood. All Variations must be in harmony with the intent and
purposes of the Zoning Ordinance.
Names of Surrounding Property Owners
Following are the names and addresses of surrounding property owners from the
property in question for a distance of 250 feet in all directions, and the number
of feet occupied by all public roads, streets, alleys, and public ways have been
excluded in computing the 250-foot requirement. Said names are as recorded in the
office of the County Recorder of Deeds (or the Registrar of Titles of the County)
and as appear from the authentic tax records of this County.
Name Address
N.J. SAVIANO 3nng N11+,SmRS Rnnn OAK BROOK, TTT11\10TS 60521
LOUIS J. KRAJACK 2035 SOUTH RACTNF, C'HT(AC',n, TT,T,TTQOTS 60602
JOHN & EILEEN McCULLOUGH 2925 MEYERS ROAD, OAK BROOK, TILDLIS 60521
DALE R. rMOMPSON 3001 Mn R.S ROAD, OAK B$DOK, ILL11401 60521
BILL & DOROTHY MIKUSKA 3005 A 7FN-LiF: T nRTT?, OAK BROOK, TTIT,=TS 60521
SHAMSEDDEJ SARHADDI 2007 AV NRIF TORTE, OAK BROOK, TT,T,TNOTS 60521 '
-HAMBORD SWIM & TMMIS (2 lots) 4513 TTNC-nTN AVFMTF TTSTF,_TTT.TNOTS 60532
THE LAW OFFICES OF
ALFRED P. BIANUCCI, LTD.
1301 WEST 22-o STREET
OAK BROOK,ILLINOIS 60521
(312) 6S4-2900
CHICAGO OFFICE
III WEST WASHINGTON STREET
ALFRED R. BIANUCCI CHICAGO,ILLINOIS 60602
September 15 , 1986
Mr. Bruce F. Kapff
Assistant to the Village Manager
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60521
In re: Hathi - Flood Plain
Special Use ( 3005
Meyers Road)
Dear Bruce:
Pursuant to your conversation with Lois Johnson this morning,
this will act as our withdrawal, on behalf of Ken Hathi, of the
application for Flood Plain Variance and Special Use.
Bruce, thank you for your usual superb attention to and
cooperation in this matter.
Very truly yours ,
THE LAW OFFICES OF
ALFRED P. BIANUCCI , LTD.
By
Alfred P. Bianucci
APB:djb
CC: Mr. K. J. Hathi
Dinesh M. Lakhani, Esq.
S E P 1 1986
V!LLAGE OF OAK BRON, IL.
ADMINISTRATION
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OWNERS CERTIFICATE
STATE OF ILLINOIS
S.S.
COUNTY OF DuPAGE
THIS IS TO CERTIFY THAT THE UNDERSIGr=. c THE OWNER OF THE LAND
DESCRIBED IN THE ANNEXED PLAT, AND H:. ;AUSED THE SAME TO BE
SURVEYED AND SUBDIVIDED, AS INDiCAT,.D-.tREON, FOR THE USES AND
PURPOSES THEREIN SET FORTH, AND DOES I✓, -FB+ ACKNOWLEDGE AND ADOPT
THE SAME UNDER THE STYLE AND TITLE THEF� 6; 'NDICATED.
THE UNDERSIGNED HEREBY DEDICATES FOR PUBLIC USE THE LANDS SHOWN ON
THIS PLAT FOR THOROUGHFARES, STREETS, ALLEYS. AND MUNICIPAL AND PUBLIC
SERVICES: AND HEREBY ALSO RESERVES FOR AND GRANTS EASEMENTS FOR
PUBLIC USE AND FOR THE INSTALLATION OF VARIOUS PUBLIC UTILITIES AS
DESIGNATED AND/OR AS STATED IN THE UTILITY EASEMENT PROVISIONS WHICH
ARE STATED HEREON.
ALL EASEMENTS INDICATED AS PUBLIC UTILITY EASEMENTS ON THIS PLAT ARE
RESERVED FOR AND GRANTED TO THE VILLAGE OF OAK BROOK AND TO THOSE
PUBLIC AND PRIVATE UTI' ITY COMPANIES OPERATING WITHIN THE VILLAGE
INCLUDING, BUT NOT LIMITED TO, AMERITECH, COMMONWEALTH EDISON COMPANY,
NORTHERN ILLINOIS GAS COMPANY, FLAG CREEK WATER RECLAMATION DISTRICT
AND THEIR SUCCESSORS AND ASSIGNS FOR THE PERPETUAL RIGHT, PRIVILEGE
AND AUTHORITY TO INSTALL, CONSTRUCT, RECONSTRUCT, INSPECT, REPLACE,
ALTER, ENLARGE. REMOVE, REPAIR, CLEAN, OPERATE AND MAINTAIN VARIOUS
UTILITY, TRANSMISSION, DISTRIBUTION, COLLECTION AND DRAINAGE SYST-MS,
TOGETHER WITH ANY AND ALL NECESSARY BUFFALO BOXES, CONNECTIONS,
HYDRANTS, MANHOLES, CATCH BASINS, PIPES, SANITARY OR STORM SEWERS,
SWALES, WATER MAINS, CABLES, WIRES, CONDUITS, TRANSFORMERS, PEDESTALS,
AND WITHOUT LIMITATION SUCH OTHER APPURTENANCES OR DEVICES AS MAY BE
DEEMED NECESSARY BY SAID VILLAGE OR UTILITY COMPANY UPON, ALONG,
UNDER AND THROUGH SAID INDICATED EASEMENTS, TOGETHER WITH RIGHT
OF ACCESS ACROSS THE PROPERTY FOR NEL.LSSARY WORKERS AND EQUIPMENT
TO DO ANY OF THE ABOVE WORK AND THE RIGHT IS ALSO GRANTED TO CUT
DOWN, TRIM OR REMOVE ANY TREES, SHRUBS OR OTHER PLANTS ON THE
EASEMENT THAT INTERFERE WITH THE OPERATION OF SEWERS OR OTHER
UTILITIES. NO PERMANENT BUILDINGS OR STRUCTURES SHALL BE PLACED ON
SAID EASEMENTS, EXCEPT AS REFERENCED AEOVE, BUT SAME MAY BE USED
FOR GARDENS, SHRUBS. LANDSCAPING AND OTHER PURPOSES THAT DO NOT
THEN OR LATER INTERFERE WITH TH: