G-216 - 09/28/1977 - LICENSE -ALCOHOL - Ordinances ORDINANCE NO.
AN ORDINANCE OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK
COUNTIES, ILLINOIS, PROVIDING THAT THE CODE OF ORDINANCES OF
THE VILLAGE OF OAK BROOK, ILLINOIS, BE AMENDED BY REVISING
IN PART SECTIONS 3-17 , 3-21 AND 3-23 OF SAID CODE.
WHEREAS, Section 110 of Chapter 43 of the Illinois Revised
Statutes authorizes the President and Board of Trustees of a Village to
license establishments for the retail sale of alcoholic liquor, Establish
classifications of licenses, and determine the fees required for said
licenses; and
WHEREAS, pursuant to and in accordance with said Statute
the President and Board of Trustees of the Village of Oak Brook enacted
Ordinance No. S-7 being an Ordinance regulating the sale of alcoholic
liquor within the Village of Oak Brook, which Ordinance from time to time
has been amended; and
WHEREAS, the President and Board of Trustees of the
Village deem it advisable and in the best interest and in furtherance of
the general welfare of the citizens of the Village that the Code of Ordinances
of the Village be amended by revising both the classification and number
of such permitted licenses.
NOW, THEREFORE, BE IT ORDAINED by the President and
Board of Trustees of the Village of Oak Brook, Du Page and Cook Counties,
Illinois, that:
SECTION 1: The provisions of the preamble hereinbefore set forth are
hereby restated herein as though herein fully set forth.
SECTION 2: Subsection (1) of Section 3-17 of the Code of Ordinances
of the Village of Oak Brook, Illinois, be amended to read in full as follows:
"(1) Class A-1: Retail sale of alcoholic liquor for
consumption on the premises where sold when the
primary business conducted on said premises is
that of a restaurant. "
SECTION 3: A new subsection (3) be inserted in Section 3-17 of the Code of
Ordinances of the Village of Oak Brook, Illinois, the same to read in full
as follows:
"(3) Class A-3: Retail sale of alcoholic liquors for
consumption on the premises where sold, such as
in a tavern, saloon or bar.
SECTION 4: The remaining subsections of Section 3-17 be renumbered as
follows
FROM TO
(3) (4)
(4) (5)
(5) (6)
SECTION 5: Subsection (a) of Section 3-21 of the Code of Ordinances of Oak
Brook, Illinois, be amended to read in full as follows:
"(a) The annual Fee for licenses under this article
shall be as follows:
Class of License Initial Fee Renewal Fee
A-1 $3,000. 00 $1, 500. 00
A-2 5,000. 00 3, 000. 00
A-3 3, 000. 00 1, 500. 00
B 3, 000. 00 1, 500. 00
C 1, 500. 00 1, 000. 00
D 50. 00 per day
SECTION 6: Subsections (1) through (5) inclusive, of Section 3-23 of the Code of
Ordinances of the Village of Oak Brook, Illinois, be amended to read in full as
follows
"(1) Class A-1, eight (8) licenses
(2) Class A-2, four (4) licenses
(3) Class A-3, two (2) licenses
(4) Class B, two (2) licenses
(5) Class C, four (4) licenses
(6) The number of Class D licenses shall not be limited. "
SECTION 7: This Ordinance shall be in full force and effect from and after its
passage and approval as by Statute in such case made and provided. This Ordinance
shall be published in pamphlet form.
SECTION 8: 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.
SECTION 9: 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 day of 1977.
AYES:
NAYS: O
ABSENT:
APPROVED this day of 1977.
.-President
ATTEST:
Villge Clerk
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o SOU A
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
April 27, 1977 654-2220
Mr. James E. Hewitt
624 Wood St.
Oak Brook, Illinois 60521
Dear Mr. Hewitt,
The village board at their meeting of Tuesday, April 26, 1977 passed
and approved Ordinance G-216 granting Variations to Section VII D, 8,
c, and Section XII, B, 2 b of Ordinance No. G-60, as amended, the
ies
Zonin g Ordinance of the Village of Oak Brook, DuPage and Coo k Counties,
Illinois to the territory commonly known as 624 Wood Street, Oak Brook,
Illinois.
Attached hereto you will find copy of the ordinance.
Please contact our Inspection Bureau for necessary permit and plan review.
Sincerely urs
Y Y ,
D
Kenneth G. Carmigna
Village Manager
KGC/ls
att.
inspection Bureau
VILLAGE OF OAK BROOK
MINUTES OF
TUESDAY, APRIL 26, 1977
I. CALL MEETING TO ORDER
A. Roll Call
The regular meeting was called to order at 7:30 P.M. by President Howell .
All trustees were present.
II. READING OF MINUTES
Trustee Philip moved - seconded by Trustee Congreve. ..
That the reading of the minutes of the regular meeting of April 12, 1977 be
suspended and that they be accepted as submitted and corrected to insert
the name of Trustee Congreve in place of Trustee Cerne in Sec. III, E.
Voice vote all in favor So ordered.
III. ORDINANCES, RESOLUTIONS, VARIATIONS, PLATS, ETC.
A. Frank Flick - Variation - Merry Lane
Each trustee was presented with additional material from William Meier,
attorney for Mr. Flick, which included a Topographic Survey of Lots 23
through 32, prepared by Mark Lovejoy and Associates and marked "Exhibit C". .
Manager Carmignani explained this map of ,floodway and floodplain, which
establishes the high water elevation at 659.0' , and proposes the foundation
elevations to be 660.0' . This would meet the proposed Flood Plain Ordinance,
except for compensatory storage.
After discussion, Mr. Meier expressed agreement that Lots 24 and 25 would be
unbuildable, and presented letter dated April 26, 1977, from Mr. Caamano,
Successor Trustee - Frank Flick Family Trust, that these two lots be removed
from the variation request.
Trustee Brown moved - seconded by Trustee Cerne. ..
That this be continued to the next regular meeting to allow for sufficient
time to consider the material presented at this meeting.
Roll call vote: Ayes: Trustees Brown, Cerne, Congreve, Glaves, Philip, Rush, and
President Howell
Nays: None
Absent: None So ordered. '
B. rdinance G-216 GRANTING VARIATIONS TO SECTION VII D, 8 c, AND SECTION XII,
B, 2, b of ORDINANCE NO. G-60, THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK,
DuPAGE AND COOK COUNTIES, ILLINOIS, TO THE TERRITORY COMMONLY KNOWN AS 624
OD STREET, OAK BRO K, ILL N IS
Trustee Brown moved - seconded by Trustee Congreve...
To approve Ordinance G-216 as read by title.
Roll call vote: Ayes: Trustees Brown, Cerne, Congreve, Glaves, Philip, Rush, and
President Howell
Plays: None
Absent: None So ordered.
C. Ordinance G-215 AMENDING ORDINANCE NO. G-60, AS AMENDED, THE ZONING ORDINANCE
OF THE VILLAGE OF OAK BROOK, DuPAGE AND COOK COUNTIES, ILLINOIS, AS IT
RELATES TO TRAILERS AND HABITABLE VEHICLES
Trustee Brown moved - seconded by Trustee Cerne. ..
To approve Ordinance G-215 as read by title.
Roll call vote: Ayes: Trustees Brown, Cerne, Congreve, Rush, and President Howell
Nays: Trustee Glaves
Abstain : Trustee Philip
Absent : None So ordered.
-1- (continued)
0
ton St. 74. 57 feet thence West 10 chains more or
less to the W. line of the E. 1/2 of the S.W. 1/4 of
said Sec. 36; thence S. along said W. line 74.27 feet
to the N. line of Wood Ave. aforesaid, thence E.
along the N. line of Wood Ave., aforesaid 10 chains
more or less to the place of beginning in Du Page
County, Illinois.
PARCEL 2 The West 150 ft. of a tract of land
known and described as follows: part of the E. 1/2
of the S.VET. 1/4 of Sec. 36, Twp. 39N. R 11 E. of
the 3rd P.M. described by commencing at the S.E.
corner of the S.W. 1/4 of said Sec. 36; thence
W. 10 chains along section line to the center line of
road known as Washington St; thence N. along center
line of Washington Street 487. 97 feet for a place of
beginning; thence W. 10 chains, more or less, to
the W. line of the E. 1/2 of the S.W. 1/4 of said
Sec. 36; thence N. along said W. line 66.33 feet to
an iron stake; thence E. parallel with the S. Line
of said Sec. 36, 383. 05 feet; thence N. 3 ft. ; thence
East parallel 'With the S. line of said Sec. 36, 116. 05
feet; thence E.ly 103.45 ft. to a point 554. 03 feet
N. of the S. line of said Sec. 3.6; thence E. parallel
with the S. line of said Section 36, 56 ft. more or less
to the center line of Washington Street; thence S.
along the center line of Washington St. 66.33 feet
to the place of beginning in Du Page County, Illinois.
SECTION 4: The aforesaid variation is granted based on the hardships demonstrated
by the owner and the finding by the Zoning Board of Appeals that the variation will
not alter the essential character of the neighborhood.
SECTION 5: This Ordinance shall be in full force and effect from and after its
passage and approval as by statute in such cases made and provided. This Ordi-
nance shall be published in pamphlet form.
SECTION 6: 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 territory hereinbefore
described.
SECTION 7: If any section, subsection, sentence, clause or phrase of this Ordi-
nance is for any reason held to be invalid, such determination shall not affect
the validity of any remaining portion of this Ordinance.
4
1977
PASSED this .� ' '
- ,
da y of 1.
AYES: rl t : ;''j' •!
NAYS:
ABSENT: C ► .
APPROVED this :q,. day of 1977.
t
Presider'
r �
ATTEST:
Village Clerk
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Filed in the Office of the Village Clerk and published in pamphlet form by
authority of the President and Board of Trustees of the Village of Oak Brook
this 221 day of -�,� :<<�,. 1977.
Village Clerk
APPROVED as to form
it a e Attorney �e
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ZONING BOARD OF APPEALS
Village of Oak Brook
TO: President and Board of Trustees
RE: Request for Variation File #
James E. Hewitt, Applicant
624 Wood Street Date of Public Hearing 4/5/77
Gentlemen:
The Board of Appeals transmits for your consideration its recommendation for a
variation from the rear yard requirement applicable to the above property.
The property in question consists of 2 parcels - 74.27' x 150' and 66.33' x 150'
for a total area of 21,090 square feet, which is non-conforming in a R-2 zoning
district.
FINDINGS AND RECOMMENDATIONS:
The applicant has shown evidence that a hardship exists because of unique
circumstances.
The lot is non-conforming in size and the yard requirements are difficult to
meet because of the narrowness in depth of the lot.
To add 1100 square feet to the existing residence of 1100 square feet, in any
other location, the cost would be greater and it would not be functional.
A cemetary is in the rear of this property and the addition would not alter the
character of the 'neighborhood, since other homes in the area are larger than
g � g
this house.
With such findings of fact, and by a vote of 7 to 0, the Zoning Board of Appeals
recommends that the proposed variation be granted that would permit the construc-
tion of an addition to the residence that would project 7' into the required
rear yard.
Very truly yours,
Chairman
•
Moved by
Mr. Lavery, seconded by Mr. Regas , recommending
approval to the Village Board
that the Zoning Board recommend app
of Trustees; that the variation be granted for the reasons
that the plight of the owner is due to unique and circu stanarrowness
the property to the rear is a cemetery,
of the lot , this type of construction is required, and the
variation granted will not alter the essential character of
the locality.
i
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ZONING APPLICATION REVIEW �
ZONING DISTRICT: R-2 LOCATION: 624 Wood Street
MEMO TO: Arthur H. Ehle, Building Commissioner
Applicant filed for building permit on February 1, .1977.
Proposed addition projects 7 '0" - into required 60' Rear Yard.
Existing residence on non-conforming .48 acres (1 acre required)
Characteristics of surrounding area:
North: Church on the County Line & Cemetary.
West: Vacant part of parcel belonging to the church.
East & South: Residential with similar non-conforming size
lots.
Respectfully submitted.,
Marianne La osil
3/18/77
P Y
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VA
�COUN
VILLAGE OF OAK BKOOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
arch 17, 1977 .654-2220
Dear Resident,
The Oak Brook Zoning Board of Appeals and Village Board and Plan Co mmission,
if necessary, will be considering a:
Zoning Amendment Special Use X Variation
at their meetings scheduled on the reverse side of this notice. Please refer
to the schedule for time, place and dates of meetings. `
The application has been filed by: James Herwitt
(_ame of applicant
624 Wood Street
Address
Location. North" side of sgaod Street, West car Washington Street
A map of the area has been reproduced to assist you in determing your relation-
ship to the property in question. The specific action being requested is as
fol l oils:
-r-or proposec addit:i.orl to reside-nce to project 71011
into required tear_ Yara. Lot is non--conforming as
to 1 acne retirement. �Y —
If you desire more detailed information, vie r;ould suggest that you contact the
Inspection Bureau located in f=ire Station 1 , at 1212 Oak Brook road, Oak Brook,
Illinois to review the file on this application. 654-2.220
Pe pectfully yours,
t.e�rneth G. Carmignar!
Vi I Iage Klan 9 e '°-----
KuCjls
(over)
All meetings are h i he Samuel E. Dean Board R* *dthe 9 e
Oak Brook Village Ccmmons on Oak Brook Road (31st Street) and Spring Road, Oak Brook, Illinois.
PbN4 COMMISSION
MEETING 7:30 P.M. MONDAY
ZONING BOARD OF APPEALS
MEETING 7:30 P.M., TUESDAY April 5, 1977
BOARD OF TRUSTEES MEETING 7:30 P.M., TUESDAY April 12, 1977
BOARD OF TRUSTEES MEETING 7:30 P.M. TUESDAY April 26, 1977
(ORDINANCE APPROVAL
MAP OF AREA
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- x'•17
Page 5
Minutes of March 8, 1977
VI. NEW BUSINESS (continued)
D. Well Request - Michael Caruso, 2 Hamilton Lane
Trustee Congreve moved - seconded by Trustee Philip. . .
That the request for a well for lawn sprinkling purposes only be approved.
Roll call vote: Ayes: Trustees Brown, Cerne, Congreve, Glaves, Philip, Rush,
and President Howell
Nays None
Absent: None So ordered.
E. Owen Property/Harger Road - Preliminary Plat Application
Referred to Plan Commission on March 21 , 1977.
James E. Hewitt - 624 Wood Street - Variation, rear�rard
Referred to Zoning Board of Appeals on April 5, 1977.
VII. ADJOURNMENT Time 9:10 P.M.
Trustee Congreve moved - seconded by Trustee Cerne. . .
That this meeting be adjourned.
Voice vote - all in favor So ordered.
Respectful.ly submitted,
Maria ne La osi
Village Clerk
3/8/77 -5-
PILLAGE OF OAK BROOK
S
VILLAGE OF OF_',< BROOK APPLICATION FOR PUBLIC HEARING RECEIPT
Nan,e of Applicant
Received by: 2 �� 150
(Village Clerk) (date) (amount)
APPLICANT SHOULD BE -PRESENT AT MEETINGS CHECKED:
Board of Trustees Meeting 7:30 P.M. Tuesday - 318 ( -77
Publication Date - DOINGS NEWSPAPER Thursday 3/17 /-7 -7
Plan Commission Meeting 7:30 P.M. Monday
✓ Zoning oard of Appeals Meeting 7:30 P.M. Tuesday 419 / -7-7
g pP g Y
Board of Trustees Meeting 7:30 P.M. Tuesday Z 177
Board of Trustees Meeting 7: 30 P.M. Tuesday 4i 2�O 1-7 7
(approval of ordinance)
IT IS NECESSARY THAT THIS INFORMATION BE RECEIVED BY THE FIRST OF THE MONTH
FOR PUBLIC HEARING ON THE FIRST TUESDAY OF THE FOLLOWING MONTH..
FLAIL TO: Village Clerk
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60521
(S'gnature 0 f 'latppli,cant)
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Filed in the Office of the Village Clerk and published in pamphlet form by the
authority of the President and Board of Trustees of the Village of Oak Brook
this day of .cT<��,L�OS, 1977.
F
Villag Clerk
APPROVED as to form
7Vi a Attorney
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