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G-476 - 11/12/1991 - PERSONNEL RULES & REGS - Ordinances ORDINANCE G- 476 ORDINANCE APPROVING EMPLOYEE SAFETY INCENTIVE PRnGRAX AND AMENDING THE PERSONNEL RULES AND REGULATIONS OF THE VILLAGE OF OAK BROOK WHEREAS, the Village Manager has recommended an Employee Safety Incentive Program to the President and Board of Trustees in an effort to reduce accidents and injuries on the job; and WHEREAS, the Village Manager has recommended that gift certificates be awarded to eligible full-time employees under the proposed Employee Safety Incentive Program; and WHEREAS, the President and Board of Trustees find that it is in the best interest of the Village to accept the Village Manager's recommendation in an effort to increase safety on the job. 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 "Village of Oak Brook Employee Safety Incentive Program" as set forth on Exhibit A, attached hereto, is approved. Section 2: That Section 3(e) entitled "Rewards" of Article II (Pay Plan) of the Personnel Rules and Regulations of the Village of Oak Brook (Appendix D of the Code of Ordinances) is amended to read as follows: "(e) Rewards. No reward in addition to regular compensation shall be received from any source by individual employees for the performance of their duties except for outstanding performance upon written recommendation of the Village Manager to the Board of Trustees or in accordance with the Village's Safety Incentive Program." Section 3: That this ordinance shall be in full force and effect from and after passage, approval and publication in pamphlet form as provided by law. PASSED THIS 12th day of November , 1991. Ayes: Trustees Bartecki, Krafthefer, Payovich, Shumate, Skinner and Winters Nays: None Absent: None Abstain: None ordinance G- 476 Approving Employee Safety Incentive Program and Amending Personnel Rules and Regulations Page 2 APPROVED THIS 12th day of November , 1991. Vil ge President ATTEST: Village Clerk Approved as to Form: Village Attorney Published 11-13-91 Pamphlet form Date Paper Not Published VILLAGE OF OAK BROOK EMPLOYEE SAFETY INCENTIVE PROGRAM I. Goals and Objectives The Goals and Objectives of the Employee Safety Incentive Program are: A. To instill in employees the concept that the safe way to perform a task is the most efficient and the only acceptable way. B. To directly compensate those full-time employees who demonstrate a concern for their safety and the safety of others. II. Jurisdiction The Employee Safety Incentive Program shall apply to all Regular Full-Time Employees and will be calculated from January 1 to December 31 for each year beginning January 1, 1992. Eligible employees who begin work with the Village after January 1, 1992 and who do not have an avoidable accident by December 31, 1992, will have a pro-rated gift certificate award for the balance of the year. On January 1, 1993, the new eligible employee will begin a new 12-month period for participation in the Program. The same procedure will apply whenever a new employee begins with the Village. Gift certificates will be awarded to eligible employees. The amount of the gift certificate will be determined by the risk group the eligible employee belongs to. The Safety Committee will assign employees to the three (3) risk groups. Determination of avoidability will be made jointly by the Department Head and the Safety Committee. The Department Head will make a recommendation that will be forwarded to the Safety Committee as to whether an accident was avoidable or unavoidable. This recommendation will be reviewed by the Safety Committee and be the equivalent to one (1) vote when votes are taken concerning avoidability. All votes will be made at regular Safety Committee meetings after review and, if necessary, investigation of each accident. A simple majority of a quorum of four (4) members is needed to make a determination of avoidability or unavoidability. jr/b4:eng.safety program(3) 1-131 B I '2' A Page 1 of 3 . ..:._._. .. ,... ... .._.:..:. ... ... ..... ..... ........ .. .. .._. _ ..... . .. ..........._�.....�W..w..1.a...sv.L.i1'.tiaast...a.r�>aarui... n._u..... ...i...L....fA.<—.Lt..�... .. ... . r �.. FULL TIME JOB CLASSIFICATIONS FOR EMPLOYEE SAFETY INCENTIVE PROGRAM POLICE DEPARTMENT GROUP Chief A Lieutenant A Sergeant C Desk Sergeant A Patrolman C Detectives C CSO B COs A Secretary A Clerks A FIRE DEPARTMENT GROUP Chief B Captain C Lieutenant C Firefighter/Paramedic C Secretary A BUILDING DEPARTMENT GROUP Assistant Commissioner A Director of Code Enforcement A Secretary A PUBLIC WORKS GROUP Superintendent B Foreman C Maintenance Man I & II C Bldg./Maint. Journeyman C Mechanic C Secretary A WATER DEPARTMENT GROUP Foreman C Maintenance Man I & II C ADMINISTRATION & LIBRARY GROUP Village Manager A Assistant to Village Manager A Administrative Assistant A Executive Secretary A Secretary A E XH= B = T A Receptionist A L Page 2 of 3 Librarian A llcci c}�n� T.i}\r�ri nn T Page 2 FINANCE GROUP Finance Officer A Assistant Finance Officer A Account Clerk A ENGINEERING GROUP Village Engineer B Civil Engineer B Secretary A SPORTS CORE GROUP Manager A Greens Superintendent C Maintenance C Bath & Tennis Club Director A Chef B Secretary A Account Clerk A Mechanic C CATEGORIES Group A: Personnel whose duties are primarily administrative Group B: Employees who do considerable driving and perform Group C duties ` Group C: Emergency services personnel and maintenance personnel - INCENTIVES Group A: $25.00 gift certificate for personnel without an avoidable accident for one year. Group B: $50.00 gift certificate for employees without an avoidable accident for one year. Group C: $100.00 gift certificate for personnel without an avoidable accident for one year. 6-18-91 (JR)a:SDAY r E XH S B 2 T A Page 3 of 3 OF OgKe �P Apo �v ems ,f •1 FCOUNt� VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708990- 3000 February 28, 1992 Mr. & Mrs. James Rys 2421 35th Street Qak Brook, IL 60521 Mr. & Mrs. Rys: The Board of Trustees at their meeting of February 25 , 1992 , voted by a margin of 5 to 1 to deny your variation request.. Your letter of February 24 , 1992 was distributed to President Bushy and to the Board prior to .the meeting. The contents of the letter were discussed and I have been asked to respond to you in detail . App) i cation_ Fees The application fees that are charged for variation applications and other planning and zoning petitions are based on the average costs incurred in processing such requests. 110 Intention of Approving With respect to your comment that the Village has no intentio:i of approving a .fence height, the Village over the past 20 years has received 13 petitions for fence height variations . Of these, four were approved. ?aking AAp _lip ants. Situation into Consideration The Board of Appeals dial take into account what you presented as your unique circumstances. Unfortunately, they found that your "unique situation" with respect to the security of your chi.ldxert and dogs was not in fact unique and that the same situation exists for many other Home owners within the community who have small children and pets. RYS.6 Page 2 of 2 There are no secret agreements regarding any of the standards within the Zoning Ordinance. Not Properly Informing Applicants It is my understanding that you were informed by Mrs. Lakosil of the requirements necessary for variation approval at the time the petition was submitted. In addition, prior to the public hearing, I talked at length with Mr. Rys and explained the necessity of establishing a unique situation and hardship. I do feel badly, that you feel we were not effective in providing you with the information you needed to understand the variation process . I will be examining our procedures to see if we can improve them to avoid this kind of situation. Village of Oak Brook Intentions The Village' s intentions are the standards that are found within the Zoning Ordinance - in your case the 42 inch maximum fence height. The variation procedure in the Zoning Ordinance is the avenue by which relief can be obtained from these standards where it can be justified under the law. All of the criteria pertain- ing to variation requests are contained within the Zoning Ordi- nance. There are no unpublished lists. Closing Since all of the above was covered during our telephone conversa- tion last Friday, I don't expect that this letter will change how you feel. It was our intent with your petition as it is with all the peti- tions that we receive, to give you every assistance that we can in the processing of your request. Please feel free to call me if you have any further thoughts on this matter or if I may be of any assistance. Sincerely, Thomas R. Director of Code Enforcement cc: President Bushy Stephen Berley Robert Nielsen Petition file RYS.6 '� I ` VILLAGE. OF OAK BA Minutes Feb. 25, 1992 UNOFFICIAL UNTIL APPROIF BY BOARD,. APPROVED AS WRITTEN V_ OR APPROVED WI CORRECTIONS , BY VILLAGE BOARD 1. MEETING CALL: CALL TO ORDER The Regular Meeting of the Board of Trustees was called to order by President Bushy in the Samuel E. Dean Board Room of the Village Commons at 7:30 p.m. Pledge of Allegiance was given. 2. ROLL CALL: ROLL CALL The Clerk called the roll with the following persons PRESENT: President Bushy, Trustees Bartecki, Krafthefer, Shumate, Skinner and Winters. ABSENT: Trustee Payovich. IN ATTENDANCE: Stephen Berley, Village Manager; Richard A. Martens, Village Attorney; Dale L. Durfey, Jr. , Village Engineer; Charles G. McAdams, Sports Core Manager and Tom Hawk, Director of Code Enforcement. 3. ANNOUNCEMENTS & OPEN FORUM: None. 4. APPROVAL OF MINUTES: MINUTES Trustee Skinner moved to approve the Minutes of the Committee-of-the-Whole Meeting of February 10, 1992 as presented and waive the full reading thereof. Seconded by Trustee Winters. VOICE VOTE: Motion carried. Trustee Skinner moved to approve the Minutes of the Regular Meeting of February 11, 1992 as presented and waive the full reading thereof. Seconded by Trustee Bartecki. VOICE VOTE: Motion carried. 5. CONSENT AGENDA: Trustee Skinner moved to approve the Consent Agenda. Seconded by Trustee Winters. Roll Call Vote: Ayes: 5-Trustees Bartecki, Krafthefer, Shumate, Skinner and Winters. Nays: O.-None Absent: 1-Trustee Payovich. Motion carried. A. DU PAGE COUNTY AMERICAN HEART ASSOCIATION 5K RUN: Approved Omnibus Vote. AMER. F_EART ASSOC. 5h RU`: B. PAYOUTS: PAYOUTS: 1. JAMES J. BENES & ASSOCIATES - PAYOUT #4 - JORIE BOULEVARD FAUS - BENES-JORIE PROFESSIONAL ENGINEERING SERVICES: Approved Omnibus Vote. BLVD. FAUS __$15,114.27 2. JAMES J. BENES & ASSOCIATES - PAYOUT #8 -- 1991 PAVING PROJECT - BENES-1991 ENGINEERING SERVICES: Approved Omnibus Vote. PAVING PROJ. $3,662.56 VILLAGE OF OAK BROOK Minutes -1- February 25, 1992 _ would be a philosophical change for the Bath &..Tennis Club and require major physical changes. Trustee Krafthefer moved to pass Ordinance No. G-481 as presented and waive the full reading thereof. Seconded by Trustee Skinner. Roll Call Vote: Ayes: 4-Trustees Krafthefer, Shumate, Skinner and President Bushy. Nays: 2-Trustees Bartecki and Winters. Absent: 1-Trustee Payovich. Motion carried. Trustee Winters moved to direct Staff to prepare a daily fee structure proposal for the Bath & Tennis Club for the next Regular Meeting. Seconded by Trustee Skinner. VOICE VOTE: Motion fails with Trustees Skinner and Winters voting aye. E. AN ORDINANCE AMENDING SECTION 2-225 "FEES" OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK: This item was placed later on the agenda pending the arrival of Trustee Payovich. 8. DEPARTMENTAL REPORTS - SPECIALTY AREAS: None. 9, FINISHED BUSINESS: A. RECONDATION RYS REAR YARD HEIGHT VARIATION (2421 35th Street) : RYS-REAR YARD VAR. Application has been made for a fence variation. The Zoning Board of (2421 35th St Appeals have recommended denial of the requested fence variation to vary the maximum height permitted by the Village of 42 inches and allow construction of a 60-inch high fence. Trustee Krafthefer stated he would vote "nay" on the recommended denial from the Zoning Board of Appeals for the requested fence variation due to the $300.00 application fee required when most fence variations are denied. Trustee Skinner stated Director of Code Enforcement Hawk is assembling a packet for residents explaining application fees and guidelines for proposing any variations for Board approval. Trustee Skinner moved to concur with the recommendation of the Zoning Board of Appeals for denial due to no uniqueness of circumstances for the requested fence variation. Seconded by Trustee Winters. Roll Call Vote: Ayes: 4-Trustees Bartecki, Shumate, Skinner and Winters. Nays: 1-Trustee Krafthefer. Absent: 1-Trustee Payovich. Motion carried. B. OAK BROOK PARK DISTRICT - DISCUSSION REGARDING UTILITY TAX . : UTILITY TAX President Bushy noted Oak Brook Park District President Johnson, Park commissioners Madda and Linquist were in attendance at the meeting. VILLAGE OF OAK BROOK Minutes -3- -- February 25, 1992 ♦.. '9lC6d;++B':S .rr ei^':t tM+79.lTL4� _ - .. •ov .e+.en+rswr.arwc* nwrw.w..c AIM& e'i+r�lM! .k fl �4�K� `!..'"r"^4; �s*arc 3�"«.- -`'�...��..`.�„ ...Rr.,. '�.� +.�s'LS ti� • r `r � � � - i.S.4il►'.a_....a... r_ _s.'!? +' • +4 C1•b nlF�waCAYKf!.lY�' �'�Yft k'Ma ,P. Rs r i+1 3s�a�r-ticacX6 •IFS . s 4. EW: 7 — — - _. VILLAGE OF OAK BROOK BUREAU OF 06PECnoN 2421-West. 35th Street Oak Brook, Illinois 60521 February 24, 1992 Mr. Thomas R. Hawk Director of Code Enforcement Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60521-2255 Dear Mr. Hawk: i As you are aware, my wife and I are currently involved in applying for a fence variation. I would like to share our findings with you. 1. The Village of Oak Brook accepts resident' s application fees ($300.00) for fence variations with absolutely no intention of approving a variation in excess of 42" . 2. The majority of the Zoning Board members do not take the applicant' s "unique situation" into consideration at all -They seem to be in secret agreement- that no variance in excess of " 42" be_allowed:for,;any reason- whatsoever-. _ - - 3. The :Village=of. Oak Brook takes applicant' s 3 - money without--properly making .them aware of._the:.. . position of-.-those on -the..-Zoning Board.- �- . ._.. . - It'would- seem`the Vill"age---of_.Oak Brook''has a=responsibility_to _. __. : -- its`.: residents to- make their intentions known to possible ---- - applicants requesting-fence variations -before they accept their application fees,', It was apparent at -the . Zoning -_Board" -; Meeting we =attended- that there-_is an "unpublished list-_of '`''criteria_ that='must--be-`'met°before a waranceis�"_considered." r_<• - Yet, no: one -bothered to let`�us know-'that thlii- nfidential ° of requir m e ents existed "`=" k Nx..1 .fit: .._�.� .at•+4.-#� �. � �`�'�+awMi •4•�—iMV � -~ � h4 5198.x]. +, t''..y"..,'•r,�1."��: "`�s��" ��.3 •'�-,'�'*��'i��*�'�:."•�':+..Y'± 16A=,"�'9�G ._+iS'S..1�"�""' �?xFY��1aS 3'-"c:$t..y.�`�i.�s.Y'�'x� 3H'-aa.•.�rz'-� n ;;3�a SP,x -y+- s�_ s �. --• -._ -� as' .--3Lw--�--= -a+...a.... _..�° -�'"aa'."a'.�:� - a^564 -- _.�,ah.' _.e-e - ..M...-= ,ems= _1-._ -� .sue -, ._- _ _-•s-,• .,... =.x ' '�nP•e�w...ti-...L.w..,.a e.Zti+c•.^.�—�- .� _.c ->-W. 'a�_. _'���3 m''sc ...rw-' awsw�+�_yYira�.rra....w... :�• _ �r_ con, _ _ r ..._ �`_..X��_.r •• —,,T,..�_ ..__.� �„'cm. .. ...���. _ ... � �.—S�Sw��.-XSSSClCSf.T -a.;T-l-r! . TC.' ��K 3� � 7rtr'S6"i-.3'- __'[°”' 6� aLF�I III fir. - „-}ka�� ' •u > .:--•=-��''�''���� -�- - off^-�.��r.a.s�c —' _ _ +LC _ �d . ...,.Y c a•,ti>'•#�'.aswaa'�#cAC':w''1'iE'Bt4S4 3tto�. I g. -.•.s .,F.�.si emu✓ mx s. P a.. - -,.- •xr�.. J., .. z •.-tom � . _.- _ Yr E.-r �-`1�--"' � 3 u f'Fi�'"^41'Lt2�1.»±5�+�.sa:'�•- �'si e _ MINIM 11 _ - _2 -� ��- r•Februar 24 ` 1992 Mr. Thomas Hawk y We feel your "system" cheated us out of both -- our time and our money -- and we feel taken advantage of by the very organization and process you ask us to vote for in community elections. You may choose to write this off as a letter from an applicant who is angry simply because he was told "no" . This is , instead, a letter from an angry taxpayer who feels he paid his fee and never had a chance. Very truly yours, i . James J. !Rys v ` JJR/rr cc: Ms. Karen Bushey President, Board of Trustees , _ ......ys :r :ir�3 F�r '�r`-•.• ?. .:�a µ-^j sw.a�.�+,.._�w{�i�.t -+ �.,Feror. - - _ _�-.'gds- � "-�'--�-=-�:s= •-�"""^��.:..+�''s"�' ..�e�"�S� P - -- �.+.•� :av= �e'in- -- t-..„essaa."= nom.-�..ws� fir+*.r-+....�. �,_„ _- - .__ -._... -_� .s -:. 1 '. "+�• -T3..'"mil -.F _ _ ... •:++.a , . ....'r;. ..":ryR?a.z�-m=:sd° 3"c.:.':G�....:..evi7��. -.__�,ranaKkw+ -- -,:?t.,,.. m,�,.�c:< 9. UNFINISHED BUSINESS: A. RECOMMENDATION RYS REAR YARD FENCE HEIGHT VARIATION (2421 35th REAR Y� ST. Street) : FENCE HEIGHT Applicant requested to table the application for a fence variation to the VARIATION February 25, 1992 Regular Meeting of the Board of Trustees. Trustee Skinner moved to table the requested fence variation application to the Regular Meeting of February 25, 1992. Seconded by Trustee Payovich. VOICE VOTE: Motion carried. B. RECOMMENDATION OAK BROOK DARK DISTRICT COM!fMTY CENT°R ( 1425 KensLncton1425 KEN=:C Road Site) - FLOOD PLAIN SPECIAL USE: O.B.PK.DIST. FPS U The Oak Brook Park District requests a Flood Plain Special Use; withdrawal of the proposed Text Amendment and Special Use regardi.ag the proposed Community Center. Trustee Skinner moved to direct the Village Attorney to draft an ordinance relative to the requested Flood Plain Special Use subject to the removal of the Conmumity Center from the Site Plan and final engineering approval by Village Engineer Durfey. Seconded by Trustee Payovich• Roll Call Vote: Ayes: 6-Trustees Bartecki., Krafthefer, Payovich, Shumate, Skinner and Winters. Nays: 0-None. Absent: 0-Bone. Motion carried. C. RECOMMENDATION ASSOCIATED EQUIP!E*TT DISTRIBUTORS (AED) FLOOD PLAIN 615 22nd ST. SPECIAL USE (615 22nd Street Both the Plan Commission and the Zoning Board of Appeals have recommended approval of this requested Flood Plain Special Use subject to the following conditions: 1) final engineering approval; agencies such as IDOT-DWR 2) permits from all other required regulatory a g and the Corps of Engineers; and 3) resolution of the maintenance requirement issue raised by IDOT-DWR. Trustee Skinner moved to direct the Village Attorney to draft an ordinance relative to the requested Flood Plain Special Use subject to the following maintenance requirements: 1) maintenance will be the responsibility of the property owner; 2) in the event the property owner defaults in its maintenance responsibility, the Village of Oak Brook will perform the necessary maintenance; llage the right to enter upon the property and 3) language granting the Vi perform the necessary maintenance; and the Village shall be 4) the cost of all maintenance work performed by g paid by the property owner. Seconded by Trustee Payovich. Trustee Bartecki stated that because he was a member of AID, he would abstain from .voting. Roll Call Vote: VILLAGE OF OAK BROOK Minutes _4_ January 28, 1992 1.�FZ.I�r 1 III. ASSOCIATED RS AED _ FLOOD PLAIN SPECIAL USE EOUIPMDNT DISTR Engineer Dale Durfey reported that he had met with Bill Lindley, the engineer for the petitioners, and mem- bers of the county staff; and they had reviewed AED propos9l. Bill Lindley distributed a revised plan based on previous discussions. Engineer Durfey reported, at this point, the plans are in accordance with the Village and County's require- ments, though Engineer Durfey still has to do a final detail examination for any minor problems. The AED discussion was put on hold because of the fact that Bill Lindley was not present at this time. The AED discussion will continue when Bill Lindley is present. IV. RYS VARIATION REOUEST for the board and a general discussion ensued. Mr. Rys restated his.request Mr. Rys explained his petition was for a 5 foot fence to extend from the rear of his home to the rear lot Line along both sides of his rear yard. The fence would be a an open weaved cyclone fence and would abut with the existing fence which is approximately a 5 foot high fence which is on the adjacent property which is located in Westmont. Mr. Rys's request is to vary the maximum height permitted by the Village of 42 inches and to allow Mr. Rys to construct a 60 inch high fence. Member Martis moved, seconded by Member Martinello, to recommend denial of the request of the 5 foot fence along the sides of the rear yard. This motion was based on the fact that the circumstances are not unique and similar situations do occur in a number of other properties within the Village. ROLL CALL VOTE: Ayes: Paul Martis Roy Martinello Elaine Herman Claybourne A. Crouch Nays: Raymond White Motion passed - a recomendation for denial will be reported to the Board of Trustees. V. MC DONALD'S L OAK BROOK PARK DISTRICT _ FLOOD PLAIN SPECIAL USE Attorney Dave Gooder, Engineer Mike Lach, and Ken Pardue were sworn in by Chairman Kenny. Mr. Gooder described the request. His description included the following items: 1) The location and size of the property and the adjacent property uses 2) The request is to modify the floodplain, making the floodplain boundary more or less paralell to South property line, which also runs paralell to Ginger Creek thereby improving the usefulness of the balance of the site and in'accordance to the previously approved site development p(an. 4) The ftoodway is not included. 5) Compensatory storage will be provided at a ratio of 1 to 1. 6) There will be no change to the velocities of water movement either within the floodplain or within the ftoodway. 7) The flood elevation will not be increased. 8) There will be no detrimental effects to any other property owners either upstream or downstream of this request. January 7, 1992 ZONING BOARD OF APPEALS Minutes -2- ZBA01-92.D0C G OF OA/f t__ 0 C. 10 CoUN'O, VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990-3000 2421 35th Strcz�t Cnj!,, 60521 Pear Mr. & Mt-S . TZY 5, ht yc)ur rcqoF-'t, the Poard of Trustees tabled consideration of 1992 meeting. vc,�ir var.i.,Aiol', J­C-qjj,��-,t ii.riti-1 tb.cir February 25, .1 In 4--he inear,,L-Iine, pleases feel free to call on me if I may be of Y Hawk CC: P,Y S. 2421 West 35th Street Oak Brook, Illinois 60521 January 28 , 1992 Mr. Thomas R. Hawk Director of Code Enforcement Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60521-2255 Dear Mr. Hawk: Per our telephone conversation of today, please accept this letter as a request to table our application for a fence variance until the February 25th, 1992 Board of Trustees Meeting. Thank you. Very truly yours, Rose Ann Rys RR • ypGfc OF Oqk 9CFCOUN.1 VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 January 10, 1992 708 990-3000 MEMO: President & Board of Trustees FROM: Stephen Berley Thomas R. Hawk SUBJECT: Rys Variation Request The Rys variation request is to vary the 42 inch fence height requirement and to allow a 60 inch fence height. The Rys ' s want to fence along both sides of their lot from the house back to the rear lot line with a 60 inch high cyclone fence. The reasons they have given are for the security of their children and dogs and to discourage trespassing, vandalism, and trash thrown onto their property. The Rys' s rear lot line is on the Village limits with Westmont. There is s a 5 distance to bothllthe east rand west.property which extends for so me ais The Zoning Board of Appeals voted by a margin of 4 to 1 to recom- mend denial of this request on the basis that the circumstances were not unique - similar circumstances exist for many other properties within the Village - and that a particular hardship has not been established. If it is your wish to approve this request, it would be appropri- ate to authorize the attorney to draft the necessary ordinance. Respectfully submitted, Stephen B rley AomR. Village Manager Director of Code Enforcement r p8bt-rys.mem G f If Olt V1 LLAG E OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990-3000 January 10, 1992 i Letter to President and Board of Trustees Dear Madam President and Board Members: The Zoning Board of Appeals has held a public hearing regarding thf� petition by Mr. & Mrs. Rys, 2421 35th Street. The Rys ' s have asked for a variation to the fence height require- nien} of 42 inches to permit them to construct a 60 inch high c.ycl rune fence along both sides of their property from the rear of t?le. hr,use to the rear of the lot. The ,zoning Board of Appeals voted by a margin of 4 to 1 to recam- mend denial of this request based on the findings that the Rys's circumstances were not unique and that the same situation is true for a great many other properties within the Village. It was also stated that a 42 inch high fence adequately serves the security needs of residential properties. Respectfully submitted, William Kenny Chairman Zoning Board of Appeals P881-RYSAET i �9 JAN 2 0 1992 D. ORDINANCE NO. G-476 AN ORDINANCE APPROVING EMPLOYEE TY AK SR G 476 PROGRAM AND AMENDING THE PERSONNEL RULES AND REGULATIONS OF � V 'SAFETY E OAK BROOK: Approved Omnibus Vote. INCENTIVE E Referrals: REFERRALS: 1) R s Rear Yard Fence Height Variation (2421 35th Street) -- Referred RyS(2421 35T to Zoning Board of Appeals Meeting of December 3 1991 Approved R.Y.FENCE HEIGHT VAR. Omnibus Vote. 2) Cladek Side Yard Variation (408 Luthin Road) -- Referred to Zoning CLADEK (408 Board of Appeals Meeting of December 3, 1991. Approved Omnibus Vote. LUTHIN) S.Y.VAR. F. Payouts: PAYOUTS: 1) Dominic Fiordirosa Construction Company. - Payout #1 - 1991 Drainage 1991 DRAIN- Project #91-1302 (North Side 35th Street (Saddle Brook Drive to Cass.. AGE Court) , Lot 18 Yorkshire Woods (Storm Sewer Extension), 3602 Madison FIORDIROSA Street (Removed by Board action Se tember 24, 1991), Lots 81/82. $61,749.02 B_aybrook Court) : Approved Omnibus Vote. 2) Pavement Technolo Inc. - Pa out #1 & Final- - 1991 Pavement 1991 PAVEMEN REJUVENATIOr anger Rejuvenation Project No. 91-1115 (Forest Glen Subdivision, H roved PAVEMENT TEC Road, Madison Street, Kensington Road, Kensington Cow, APP NOLOGY Omnibus Vote. $37,459.52 3) DuPaae Water Commission - Payout #34 - Fixed Costs: Approved Omnibus DWC-FIXED Vote. COSTS 6. ITEMS REMOVED FROM CONSENT AGENDA: A. RESOLUTION NO. R-543 A RESOLUTION APPROVING AMENDMENT TO EMPLOYEE PAY RES. R-543 PLAN FOR 1991 (PART TIME EMPLOYEES): PAY PLAN (PART-TIME Trustee Shumate moved to pass Resolution No. R-543 as presented and waive EMPLOYEES) the full reading thereof. Seconded by Trustee Skinner. Roll Call Vote: Ayes: 6-Trustees Bartecki, Krafthefer, Payovich, Shumate, Skinner and Winters. Nays: 0-None Absent: 0-None. Motion carried. 7. ORDINANCES AND RESOLUTIONS: A. RESOLUTION H0. R-544 A RESOLUTION TO PETITION THE DU PAGE COUNTY RES. R-544 STORMWATER COMMITTEE FOR COMPLETE WAIVER COMMUNITY STATUS: DPCOUNTY STORMWATER The Board noted a memo from the Oak Brook Park District's Executive WAIVER Director Sommer, dated November 12, 1991, requesting that the proposed STATUS Community'Center site remain on the Official List of Exempt Developments regarding the County of DuPage's Stormwater and Floodplain Ordinance, further requesting that the Oak Brook Village Board reactivate the tabled request for a Flood Plain Special Use for this site based upon plans previously approved by the Plan Commission, Zoning Board- of Appeals the Village Engineer. VILLAGE /OF/ OAK BROOK Minutes -2- November 12, 1991 A L� _ - �! ! 5• f vPG�OF OA/t e�G G� G O o y\2 CFCOUNt*4 ` VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990-3000 November 5, 1991 MEMO TO: President and Board of Trustees FROM: Stephen Berley and Tom Hawk SUBJECT: Referrals We have received two petitions for variations as follows: 1. Mr. and Mrs. Rys, 2421 35th Street, rear yard fence height variation 2. Mr. and Mrs. Cladek, 408 Luthin Road, side yard variations Please refer these requests to the Zoning Board of Appeals for public hearings at their December 3, 1991 meeting. Respectfully submitted, Stephen Berley Village Manager Tom Hawk Director of Code Enforcement r (� f11�1 � D N 2 0 1992 _ p tf\ GE OF OAK Ei�0OK 4 � JAU OF lelSpECTION �� I O�OF Oq„B A P oOt G O F COU y v C Njr,` VILLAGE O F OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990-3000 i January 10, 1992 Mr. & Mrs. Rys 2421 35th Street Oak Brook, IL 60521 Dear Mr. Rys: This letter will confirm our phone conversation of January 9 , 1992 regarding your variation request. The Zoning Board of Appeals voted by a margin of 4 . to 1 to recommend denial . The Board of Trustees will have your request on their agenda at their January 28, 1992 meeting. It is my understanding that, at this time, you will accept what- ever decision is made by the Board of Trustees. You will , of course, have the opportunity to address the Board prior to their voting of this issue if you so desire. Please let me know if their i5 any change in your position and also feel free to call me if you have any questions. Sincerely, Thomas R. Hawk Director of Code Enforcement cc: petition files rys.4 r -DRAFT VILLAGE OF OAK BROOK ZONING BOARD OF APPEALS MINUTES December 3, 1991 1. CALL MEETIN TO ORDER This meeting was called to order at 7:37 P.M. Members Claybourne A. Crouch MEMBERS PRESENT: Elaine Herman William Kenny i Raymond White Members Roy Martinello MEMBERS ABSENT Paul Mortis Trustee Kelly Skinner ALSO PRESENT Director of Code Enforcement Thomas R. Hawk A quorum was declared. it. APPROVAL OF MINUTES The minutes of the November 14, 1991 meeting were not distributed with the packets of this meeting they will ' have to be reviewed for approval at the January meeting. III. RYS VARIATION _ 2421 35TH STREET _ Fence Height _ Public Hearin The variation requested, is to permit a 5 foot high fence instead of the 42 inch height which is permitted by the ordinance. This will allow the Rys's to construct a 5 foot high chain link fence along both sides of .their lot. The fence will extend from the house to the rear lot line where the fences will abut with the existing neighbor's fence to the South which runs along the rear of the Rys' property and extends some distance to the East and West. This adjacent fence is a fence belonging to the condominium devolopment to the South which is the Village of Westmont. Mr. Rys was sworn and gave the following presentation. Mr. Rys indicated that they have lived at the home for approximately three months and had experienced a continuing problem of debris and refuse being thrown on their property from the condominium development from the South. They have had some experience with transient persons cutting across the property getting to and from that condominium development. They also testified that they do have several dogs, one hunting dog and two large collies, and children. They feel a higher fence is important to both keeping the dogs under con- trol and also for the security of their children in dissuading them from leaving the property. The fence along both sides will be approximately 250 feet long. Their house is set back considerably from the front of their property. Their property is approximately 500 fee.t deep. it will be a green vinyl coated 5 foot high chain link fence. it was noted that the property immediately to the South is in within the Village of i Westmont. The property both East and West of this property are other single-family homes which are resider- ` tint lots within the village of Oak Brook. It was noted by Tom Hawk that the condominium development is nearing completion of its first phase and —_- should be seeing some level of occupancy in the future. Having the property occupied may have a positive effect in reducing the problems of the attractive nuisance that construction sights tend to be, and also, discourage debris and refuse from being thrown over the fence onto the Rys property. December 3, 1991 ZONING BOARD OF APPEALS Minutes ZBA12-91.DOC Member White moved, Seconded by Men*rouch, to approve the requested variation Oe following basis: 1) The property is a uniquely located and that It abuts on to a high density multi family develop• •ment within the village of Westmont. i 2) The fence will have no detrimental effect on the health, welfare, and safety of the occupance of this property or neighboring properties. 3) The proposed fence will have no harmful effects on the environment of the are @. Member Kenny noted that he did not feel that there was in fact unique circumstance that the conditions rated were similar to conditions that could be stated for most properties. Member Crouch noted that the 42 inch height restriction of the Village was appropriate, however, that this property being located at the edge of the village abutting other property not within the control of the Village does constitute as a unique circumstance. Ayes: Claybourne Crouch ROLL CALL VOTE: Raymond White Mays: Elaine Herman William Kenny ,I Motion failed. After explaining to Mr. Rys possible procedural steps available to him, he requested that his request be tabled for further eondlderation. Nis request will be tabled until the January 7, 1992 meeting to allow the possiblity that a more coaptete board may give him the necessary votes to approve his request. 0 A nation was made by Member White, seconded by Member Crouch, to this effect. VOICE VOTE: All in favor - motion passed. This item is tabled until the January 7, 1992 Zonning Board of Appeals Meeting. IV. CLADEK VARIATION _ 408 LUTHIN ROAD - BUILDING SETBACK _ PUBLIC HEARING Mr. Cladek and his architect Mr. Mazzani and several neighbors were sworn. Presentations were made by Mr. Cladek and Mr. Mazzani that generated the following information: 1) The proposed request will have no detrimental effects on any neighboring properties it will be healthy for the area and is based on the need to expand the home. 2) Mr. Cladek has worked for several months with architect Mazzani to attempt to design a reasona- ble and exceptable renovation of his home. 3) The preexsisting conditions which make compliance with the letter of the ordinance difficult: a) The Lot is 132 feet wide as opposed to the 150 foot minimum width provided for in the R-2 Zoning District. The eriginal home was positioned off center and closer to the East lot line than it is to the West. b) The configuration of the floor plan of the home restricts the possible expansion plans. 4) includes work done in all areas of the home. 5) The front eave setback Is approximately in line with the other homes in the neighborhood. 6) These variation requests were only made after the examining extensive alternatives that were . found to be not effective in dealing with the need problems and coming up with an attractive i design for the property. 7) The Cladeks have three cars that are in use virtually everyday and consequently generates the -- need of a three car garage. ZONING BOARD OF APPEALS Minutes -2- December 3, 1991 ZBA12-91 Page 2 Of 5 GOOF 04ka p, 00 f i� � O N G O 4 �2 COUN�r VILLAGE OF OAK BROOK 1 ' 00 OAK BROOK ROAD OAK BROOK, ILLINOIS 60721 - 2255 708 990. 3000 December 6, 1991 Mr. & Mrs. Rys 2421 35th Street Oak Brook, IL 60521 Dear Mr. & Mrs. Rys: This letter is regarding your request of variation. At the Zoning Board of Appeals Meeting on December 3, 1991, a motion to approve your variation request failed by a vote of 2 to 2 . In order for your request to receive a positive recommendation by the Board of Appeals, it will require four affirmative votes. Upon your request, a motion was made to table further the consid- eration of your variation until the next meeting in the possibil- ity that a full board vote may give you the affirmitive votes that you need. The next scheduled meeting for the Zoning Board of Appeals is January 7, 1992 at 7:30 p.m. If, in the meantime, you have any questions regarding your re- quest feel free to contact me. Sincerely, All Thomas R. Hawk Director of Code Enforcement rys. 3 )3 D. ORDINANCE NO. G-476 AN ORDINANCE APPROVING ENiPLOYEZ SAFETY INCENTIVE ORD. G-476 PROGRAM AND AMENDING THE PERSONNEL RULES AND REGULATIONS OF TFU; VILLAGE OF EMPLOYEE OAK BROOK: Approved Omnibus Vote. INCENTIVE REFERRALS: E. Referrals: 1 - Rear Yard Fence Height Variation 2421 35th Street -- Referred RRYY(2421 35- R s to Zonin Board of A eals Meeting of December 3 1991: Approved HEIGHT VAR. Omnibus Vote. 2 Cladek - Side Yard Variation 408 Luthin Road -- Referred to Zoning CLADEK (408 Board of Appeals Meetin of December 3 1991: Approved Omnibus Vote. LUTHIN) S.Y.VAR. PAYOUTS: F. Payouts: Payout #1 - 1991 Drainage 1991 DRAIN- 1) Dominic Fiordirosa Construction Compare - Cass.Sa Broo AGE Pro'ect #91-1302 North Side 35th Street ddle k Drive to FIORDIROSA Court Lot 18 Yorkshire Woods (Storm 19911°nLots-AV-82-Madison $61,749.02 Street Removed b • Board action Sep � •brook Court) : Approved Omnibus Vote u 2) Pavement Technol Inc. - Payout #1 1991 Pavement 1991 PAVEMEr; Re'uvenation Pro'ect No. 91-1115 Forest Glen Subdivision xazroved PAVEMENT TTEC Road, Madison Street, Kensington Road, Kensington C°�' APP NOLOGY Omnibus Vote. $37,459.52 3) DuPage Water Commission - Payout #34 - Fixed Costs: Approved Omnibus DWC-FIXED COSTS Vote. 6. ITEMS REMOVED FROM CONSENT AGENDA: A. RESOLUTION NO. R-543 A RESOLUTION APPROVING AMENDMENT TO EMPLOYEE PAY RES. R-543 PAY PLAN PLAN FOR 1991 (PART TIME II+iPL MKS Z: (PART-TIME Trustee Shumate moved to pass Resolution No. R-543 as presented and waive EMPLOYEES) the full reading thereof. Seconded by Trustee Skinner. Roll Call Vote: Ayes: 6-Trustees Bartecki, Krafthefer, Payovich, Shumate, Skinner and Winters. Nays: 0-None Absent: 0-None. Motion carried. 7. ORDINANCES AND RESOLUTIONS: A. RESOLUTION N0. R-544 A RESOLUTION TO PETITION TEE DU PAGE COUNTY DPCOUNTY44 STp p,TER COMMITTEE FOR COMPLETE WAIVER COMMUNITY sTATQs- STORMWATER The Board noted a memo from the Oak Brook requesting that the Executive WAIVER STATUS Director Sommer, dated November 12, 1991, raga Developments Community'Center site remain on the Official List ofExempt Ordinance, regarding the County of DuPage's Sto=water and Floodplain requesting that the Oak Brook Village Board reactivate the tabled further raga 4 site based upon plans request for a Flood Plain Special Use for this Board of Appeals and previously approved by the Plan Commission, Zoning the Village Engineer. _2_ November 12, 1991 VILLAGE OF OAK BROOK Minutes j� r � • G�OF Oqk 94 p� i V4 j N I G 3 0 4 � �COUNIr' p V1 LLAG E OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990-3000 November 5, 1991 MEMO TO: President and Board of Trustees FROM: Stephen Berley and Tom Hawk SUBJECT: Referrals We have received two petitions for variations as follows: 1. Mr. and Mrs. Rys, 2421 35th Street, rear yard fence height variation 2. Mr. and Mrs. Cladek, 408 Luthin Road, side yard variations Please refer these requests to the Zoning Board of Appeals for public hearings at their December 3, 1991 meeting. Respectfully submitted, Stephen Berley Village Manager Tom Hawk Director of Code Enforcement �pF OAI�6 ECOUNt'' VI LLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990-3000 October 28, 1991 Mr. & Mrs. James & Rose Ann Rys 2421 35tH street Oak Brook, IL 60521 Dear. Mr. & Mrs. Rys: Yvur application for a fence variation to the Village of Oak Brook's Zoning Ordinance has been accepted. The Zoning Board of Appeals will hold a public hearing at the Village Hall, 1200 Oak Brook Road, on December 3 , 1991, at 7 : 30 p.m. regarding this request. 'Your attendance at this hearing is necessary. Please be prepared to describe your request and to provide the necessary information regarding the fa_llcwillg: 1. ) Tnract or neighbors 2 . ) unique circumstances 3 . ) Hardsh-i ps At::ached is a copy of the variation provisions of the ordinance which must be satisfied to qualify for the granting of a varia- tion. I The recommendation of the Zoning Board of Appeals will be trans- mitted to the Board of Trustees and will tentatively be on their agenda for their January 14, 1992 meeting. Please feel free to call me if you have any questions, (708) 990-2382. sincerely, T omas R. Hawk Director of Code Enforcement cc: petition files rys.1 �O OAK BROOK CODE Sec. XIII i (G) Variations (1) Authority: The Board of Trustees shall decide all applica- tions 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 hold public hearings upon all applications for variations and shall by Illinois Statutes. The Zoning Board of Appeals shall re- port its recommendations to the Board of Trustees as to whether a requested variation would be in harmony with its general purpose and intent, and shall recommend a varia- tion only where it shall have made a finding of fact speci- fying the reason or reasons for recommending the variations. Such findings shall be based upon the standards 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 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 exclu- sive 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 i and one copy to the Board of Trustees. i I APPENDIX A - ZONING Sec. XIII (4) Standards: � 4 (a) The Zoning Board of Appeals shall not recommend a variation of the provisions of this ordinance as autho- rized in this section unless it shall have made find- ings 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 regulations governing the district in which it is located. (2) The plight of the owner is due to unique circum- stances. (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 determina- tion whether there are practical difficulties or par- ticular hardships, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence i that: (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 inconve- nience if the strict letter of the regulation were to be carried out. (2) The condition upon which the petition for varia- tion is based would not be applicable generally to the other property within the same zoning classi- fication. i i r I APPENDIX A - ZONING i Sec. XIII t (3) The granting of the variation will not be detri- mental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. I (4) The proposed variation will not impair an adequate supply of light and air to adjacent property, or substatially increase the danger of fire, or otherwise endanger the public safety or substan- tially 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 restric- tions 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 the ordinance. a (5) Unauthorized Variations: The variation procedure shall in . no case be used to accomplish a result which 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 con- struction of residences in other than residence districts; nor authorizing other than single-family detached residences i in the R1, R2, R3 , and R4 Districts. I I 3 i t APPENDEX A - ZONING Sec. XIII I (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 appplication for variation by the President and Board of Trustees. (Ord. No. G-137, 9-14-71) I ver.doc 10/25/91 - I I c 7 = ili f U ZONING ORDINANCE FLOOD PLAIN VI LLAGE OF OAK BROOK 1200 OAK BROOK ROAD Appeal Variation OAK BROOK, IL 60521 $100 $300 990-3000 �� I" i Variation Q Special Use $300 $675 APPLICATION FOR PUBLIC HEARING ElAmendment TO BE FILED WITH VILLAGE CLERK $650 Special Use $400 I 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. DO NOT WRITE IN THIS SPACE -- FOR OFFICE USE ONLY Date Filed: /��Q� Board of Trustees Referral: /-, �S J Notice Published: 7 Newspaper: 0�2 'V _ Date Adjacent Property Owners Notified: ,2 ,Iq Staff Referral: T � Public Hearing Dates: Plan Commission: /IJ Zoning Board: 3 i Board of Trustees: /� Board of Trustees: (Approval of Ordinance) FEE PAID: $ Receipt No. 60 3(pS'�j Receiv d By: Village Clerk APPLICANT TO COMPLETE LOCATION OF SUBJECT PROPERTY: Oak Brook, Ill. PERMANENT PARCEL NO. 06-33-400-009 1 LOT NO:ue a SUBDIVISION: none ADDRESS:2421 West 35th Street ZONING: R 2 ZONING ORDINANCE SECTION: V G 3 h 6 ACTION REQUESTED: See attached. PROPERTY INTEREST OF APPLICANT: OWNER 0 CONTRACT PURCHASER F-1 AGENT OWNERS) OF RECORD James J. & Rose Ann Rys PHONE NO. (708) 789-2123 Office: (708) 655-0200 ADDRESS 2421 West 35th Street ZIP 60521 BENEFICIARY(IES) OF TRUST PHONE NO. ADDRESS ZIP NAME OF APPLICANT Same as Above PHONE NO. i ADDRESS ZIP j 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. ! IZ7/5 g/ Oct. 15, 1991 �a � i 6 it ) I1 ��_k ly. hate (Si ature) ApplicavV Date � i+ I ! NOTICE TO APPLICANTS � S Filing Schedule - Available on Request i A Variation is a zoning adjustment which permits minor changes of district requirements 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 j properties equally; it was invented to permit minor changes to allow hardship properties i to enjoy equal opportunities with properties similarly zoned. You must prove that your land is affected by special circumstances or unusual conditions. These must result in uncommon hardship and unequal treatment under the strict application of the Zoning Ordinance. Where hardship conditions extend to other properties, a Variation cannot be granted. The remedy for general hardship is a change of the map or the text of the Zoning Ordinance. e 2. You must prove that the combination of the Zoning Ordinance and the uncommon j t conditions of your property prevents you from making any reasonable use of your land as i permitted by your present zoning district. Since zoning regulates land and not people, + the following conditions cannot be considered pertinent to the application for a ! Variation: (1) proof that a Variation would increase the financial return 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 Ordinance would encourage and condone violation of the law. 4 3.• ,No Variation may be granted which would adversely affect surrounding property or the li 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 ,i { Dr. Albert Al Diepstra 2417 wPGt 35th Street (neighbor to the East) Oak Brook, Ill. 60521 i Mr. Jim Dyer 2501 WPSt ISth street (neighbor to the West) Oak Brook, Ill. * 60521 i ! Royal Hills Club Condominium Complex n. 3525 rn„r+ Westmont, Ill, (708) ' 323-8540 t t i :1 ACTION REQUESTED We are requesting approval for construction of a 5 ft. brown vinyl-clad chain link fence around the perimeter of the backyard. (Picture of fence along with pictures of backyard attached) Area to be fenced is heavily wooded on both sides which makes a fence completely unnoticeable from the street. Outlined below are the major reasons we are requesting a fence as enclosed: 1. Security and protection of property. There is heavy traffic from the condominium parking lot directly behind us which borders Westmont. 2. To prevent the collection of unwanted materials and garbage thrown on our property from the condominium area directly to the rear of our lot. (Picture enclosed) 3. The fence will be located approximately 180 ft. from the street and will not be visible from 35th Street. 4. We have been burglarized in the past and feel this fence would be a deterrent to any unwanted traffic. 5 . We .have a large hunting dog and several of our neighbors also own dogs. We feel a fence will allow for better control and safety of our pet. 1.) James Dyer 2501 35th Street 2.) Arne Aalrust 2505 35th Street 3.) Albert Diepstra 2417 35th Street 4.) Maynard J. Jaffee 1616 Midwest Club 416 5.) Glen G. Glista 1617 Midwest Club 4416 6.) Dr. P. Shirazi 1618 Midwest Club 4416 7.) Frank Madda 1506 Midwest Club 415 8.) Marilyn Kolbusz 1507 Midwest Club #15 9.) Dilip Shah 1508 Midwest Club 4415 CHICAGO, ILLINOIS 60646 LCK1INDICV ,VKVC T `We 71 PLAT OF SURVO FAX # 776 That part of the North 7.3 chains of the East 1/2 of the Southeast 1/4 of Section 33, Township 39 North East of the 3rd Principal Meridian in DuPage County, Illinois, described by: Commencing at the Northwc said East 1/2 of the Southeast 1/4 of Section 33 and running thenoe East along the North line of said 9' 703.2 feet for a place of beginning; thenoeoontinuing East along the North line of said Southeast 1/4 e thence South parallel with the West line of said East 1/2 of the Southeast 1/4 491.13 feet to a fence; Westerly along said fence 88.83 feet; thence North parallel with said West line of is East 1/2 of %has( E 491.43 feet to the place of beginning. w SI Z • 100!Ar Ml"rus 7 w a � O w I 46 tW� w :Isa qj N ` Q W Uj 4� LL OD • , a � V) Z V�' z .4) � � J i ► Q I 1 � IK o + + .1Ce W)IN BOX MOANO TNIO 9YOV9Y HAD 0e8N eY1LOINO I.INee AND sAeeMeMTe ADe eNOWN ON�V WNeae TMOT 960 DOMFAI1e A&L MUTO eeFOae DYLe1Ne BY eANe AN on use IM OONNe0T10N WITH A MORTeAOe WAN 11i00110e0 IN TNe MAFO.OTNenerlae seven TO YOUR De s0 Oa AO ACT. ANY DI►FeaeweL .ACTION AND 10 NOT TO se we""a ANT DTNen -41O Ste% ell Illinois l $hh of Illinois l -.elOMe A11a NOT w De AOOYMW►OeM OOALINe ,�oy of Cook aa. County of Cook f a• r No. 7�L�'7 We.CERTIFIED SURVEY CO.de hereby esrtify#hot we have We,CERTIFIED SURVEY CO.do hereby es• located the building on the above property. swvoyed the above described property and thr 1 inch- feet drawn is a correct representation of said survey JAMES J. RYS 8-84 1732 ROSE ANN RYS 2421 W. 35TH ST. OAK BROOK, IL 60521 "� 2-Ii710 T.' ( n )t—Za' L OD $ 200 rC -- —--- }( FIRST CHICAGO Private t The First National Bank of Chicago Financial Chpi(c�ago.Illinois 80/870 Services anal 0-1 1.0 7 10000 1 31: 79 08 3 181I' 173 2 CHECK CHECKS ! CASH INV k DATE ?� NUMBER NAME G.L.ACCOUNT N DESCRIPTION E ,k VILLAGE OF OAK BROOK INVALID SIGNATURE GNATURE BUREAU OF INSPECTION 6 03683 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS u PHONE: (708) 990-3000 RETAIN THIS RECEIPT FOR YOUR RECORDS FEGUARD BUSINESS SYSTEMS