S-1284 - 04/27/2010 - ZONING - Ordinances i
FRED BUCHOLZ
DUPAGE COUNTY RECORDER
21 AM
APR.30,2010
OTHER 06-27-104-001
004 PAGES R2010-055843
(Above Space For Recorder's Office Only)
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, IL 60523-2255
RECORDED DOCUMENT TITLE PAGE
Title of Document: AN ORDINANCE APPROVING VARIATIONS TO ALLOW FOR
PORTIONS OF THE ROOF OVERHANG TO ENCROACH INTO THE FRONT SIDE AND REAR YARD
SETBACKS ON THE PROPERTY COMMONLY KNOWN AS 10 KINGSTON DRIVE IN THE VILLAGE
OF OAK BROOK ILLINOIS
Property Address/es 10 Kingston Drive Oak Brook Illinois 60523
If vacant land, so state and list nearest cross streets)
PIN No(s). 606-27-104-001
Name and Address of Applicant: Robert W Kirk AIA Group A Architects 1100 Landmeier, Elk
Grove Village IL 60007 On behalf of Dr.Naveed Akhtar. 10 Kingston Drive Oak Brook IL 60523
Name and Address of Responsible: Dr. Naveed Akhtar
Party to Receive Copy of 10 Kin ston Drive Oak Brook IL 60523
Recorded Document and Billing
G/L Account to be charged: 10-1365
Prepared By and Return to: Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523-2255
Name&Address of Recipient N/A
of Consideration (when applicable):
G/L Account to be charged:
ORDINANCE 2010- ZO -V -S -1284
AN ORDINANCE GRANTING VARIATIONS TO THE
FRONT, SIDE AND REAR YARD SET BACK REQUIREMENTS
TO ACCOMMODATE PORTIONS OF THE ROOF OVERHANG
FOR THE PROPERTY AT 10 KINGSTON DRIVE
IN THE VILLAGE OF OAK BROOK
(PIN: 06 -27- 104 -001)
WHEREAS, an application has been filed by Robert Kirk on behalf of Dr. Naveed Akhtar (the
"Petitioner"), requesting variations to the front, side and rear yard setback requirements to accommodate
portions of the roof overhang for the property at 10 Kingston Drive, Oak Brook, Illinois; and
WHEREAS, on February 2, 2010 the Zoning Board of Appeals conducted a public hearing on the
request for variations, pursuant to due and appropriate legal notice, and recommended approval of the
variations subject to certain conditions; and
WHEREAS, the Zoning Board of Appeals found that the Petitioner satisfactorily addressed the
factors required for approval of the requested variations and made specific findings, including that the
variations will not endanger the public health, safety and welfare, and that there will be no substantial
injury to other property in the neighborhood; and
WHEREAS, the President and Board of Trustees have reviewed the recommendation of the
Zoning Board of Appeals and deem the variations, as set forth below, to be in the best interests of the
Village.
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: The foregoing preambles are restated and incorporated herein by reference as though
fully set forth herein.
Section 2: The Petitioner is hereby granted the following variations:
a. A variation to Section 13- 6C -3F.1 of the Zoning Ordinance to permit an encroachment of
approximately six inches (6 ") for a width of approximately three feet (3) to permit a roof
overhang in the forty foot (40') front yard setback.
b. A variation to Section 13- 6C -3F.2 of the Zoning Ordinance to permit an encroachment of
approximately one foot seven inches (17") for a width of seventeen feet (17') to permit a
roof overhang into the twelve foot (12') side yard setback.
c. A variation to Section 13 -6C -3F.3 of the Zoning Ordinance to permit an encroachment of
approximately one foot one inch (1'1 ") for a width of approximately sixty feet (60') two
inches (2 ") to permit a roof overhang into the forty foot (40) rear yard setback.
Section 3: The variations and the scope of this ordinance are limited and restricted to the
property located at 10 Kingston Drive, which is legally described as follows:
LOT 279 IN BROOK FOREST SUBDIVISION UNIT FIVE BEING A SUBDIVISION OF
PART OF SECTION 27, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD
Ordinance 2010- ZO-V -S -1284
Variations - Setbacks
10 Kingston Drive
Page 2 of 2
PRINICPAL MERIDIAN, RECORDED AS DOCUMENT R69 -7189, IN DUPAGE
COUNTY, ILLINOIS.
Permanent Index Number: 06 -27- 104 -001
Section 4: If any section, paragraph, clause or provision of this ordinance shall be held invalid,
the invalidity thereof shall not affect any of the other provisions of this ordinance.
Section 5: All ordinances or parts thereof in conflict with the provisions of this ordinance are
hereby repealed to the extent of such conflict.
Section 6: This ordinance shall be in full force and effect from and after its passage, approval
and publication as required by law.
APPROVED THIS 27th day of April, 2010.
9e4lc
J . Craig
ge President
PASSED THIS 27kh day of April, 2010.
Ayes: Trustee Aktipis, Moy, Saiyed, Wolin and Zannis
None
Trustee Carson
ATTEST:
Charlotte K. Pruss
Village Clerk
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 27, 2010 , the corporate authorities of the above
municipality passed and approved:
ORDINANCE 2010-ZO-V-S-1284
AN ORDINANCE GRANTING VARIATIONS TO THE
FRONT, SIDE AND REAR YARD SET BACK REQUIREMENTS
TO ACCOMMODATE PORTIONS OF THE ROOF OVERHANG
FOR THE PROPERTY AT 10 KINGSTON DRIVE
IN THE VILLAGE OF OAK BROOK
(PIN: 06-27-104-001)
1 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 29th day of April 2010
ok Charlotte K. Pruss
` yx Village Clerk
> Village of Oak Brook
DuPage and Cook Counties, Illinois
'"1 �--�.
AKHTi4R - K/RK
7O K/NGSTON DR/VE
Variation— Front/Side/Rear Setbacks— Roof Overhang
INDEX
PAGE CONTENTS
10 Memorandum from Director of Community Development Kallien to initiate deliberations -
Village Board Agenda —April 13, 2010
9-9.a Memorandum from Director of Community Development Kallien - Village Board Agenda —
March 9, 2010
8 Zoning Board of Appeals Recommendation Letter dated March 2, 2010
7-7.e Zoning Board of Appeals Meeting Minutes dated February 2, 2010
6-6.f Staff Report dated January 27, 2010
5 Resident Letter dated January 15, 2010
4 Certificate of Publication dated January 15, 2010
3 Board of Trustees Meeting Minutes dated January 26, 2010 — (Not Included)
2 Referral Memo— Board of Trustees Agenda dated January 26, 2010
1 Zoning Ordinance — R-3 Single Family—Yards Section 13-6C-F.1, F.2 and F.3
*******************
A Petition Application —Variation
B Letter of Explanation
GC.1 Variation Standards
D Fee/Receipt
E Certification of Surrounding Property Owners
F Surrounding Property Owners List
G Subject Property Verification and Legal Description
H Letter of Approval from Brook Forest Community Association
I Pictures Showing Areas of Variation Request
J Roof Overhang Location as Built (Included — Not Attached)
K Site Plan — Revision dated 8-19-2009 (Included — Not Attached)
L Plat of Survey— Key files only (Not Attached)
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AGENDA ITEM
Regular Board of Trustees Meeting
of
April 13, 2010
SUBJECT: Akhtar — 10 Kingston Drive - Variations to the front, side and rear yard setback
requirements to accommodate portions of the roof overhang
FROM: Robert L. Kallien, Jr.,AICP, Community Development Director
BUDGET SOURCEBUDGET IMPACT: N/A �
RECOMMENDED MOTIONS:
1.) That the Board of Trustees initiate deliberations on this request; and
2.) I move to concur with the recommendations from the Zoning Board of Appeals and
approve each of the requested variations in order to complete construction of a
single-family home at 10 Kingston Drive and authorize the Village Attorney to
prepare the necessary ordinance for final consideration at the April 27, 2010 Board
of Trustees meeting; or
3.) I move to deny the requested variations and direct that the applicant bring the home
into compliance with the Village Code in order to complete and occupy the single-
family home at 10 Kingston Drive.
Background/Historv:
The Village Board, at its March 9, 2010 meeting, removed from the agenda, a request from Robert
Kirk on behalf of the property owner Dr. Naveed Akhtar for several variations to allow the roof
overhang on a single-family home under construction to encroach into portions of the front, side and
rear yard setback requirements in order to complete construction of a single-family home. At that
time, several Trustees expressed concerns with certain aspects of the case.
Accordingly, Staff is placing this case on the April 13, 2010 agenda in order to continue
deliberations. Please bring your case file to the April 13, 2010 meeting.
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AGENDA ITEM
Regular Board of Trustees Meeting
of
March 9, 2010
SUBJECT: Akhtar —10 Kingston Drive - Variations to the front, side and rear yard setback
requirements to accommodate portions of the rQof overhang
FROM: Robert L. Kallien, Jr., AICP, Community Development Director
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to concur with the recommendations from the Zoning
Board of Appeals and approve each of the requested variations in order to complete
construction of a single-family home and authorize the Village Attorney to prepare the
necessary ordinance for final consideration at the April 13, 2010 Board of Trustees meeting.
Back�round/Historv:
At its meeting on February 1, 2010, the Zoning Board of Appeals held the required public hearing on
a petition from Robert Kirk on behalf of the property owner Dr. Naveed Akhtar for several variations
to allow the roof overhang on a single-family home under construction to encroach into portions of
the front, side and rear yard setback requirements in order to complete construction of a single-family
home.
A summary of the requested variations are listed in the following:
a. Section 13-6G3F.1 (front yard) — Permit an encroachment of approximately six-inches (6")
for a width of approximately three-feet (3') to permit a roof overhang in the 40 foot front
yard.
b. Section 13-6C-3F2 (side yard) — Permit an encroachment of approximately one-foot seven-
inches (1'7") for a width of 17 feet to permit a roof overhang into the 12 foot side yard.
c. Section 13-6C-3F.2 (rear yard) —Permit an encroachment of approximately one-foot one-inch
(1'1") for a width of approximately sixty feet (60) two inches (2) to permit a roof overhang
into the 40 foot rear yard.
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Public Comment
All interested parties were notified of the public hearing. One resident asked questions and another spolce in
support of the request. A letter of support was received from the Brook Forest Homeowners Association. No
one spoke in opposition to the request.
Recommendations
By a vote of 4 to 2 the Zoning Board of Appeals recommended approval of each of the requested
variations.
In making these recommendations, the Zoning Board of Appeals found that the required standards for
approval of the variation requests were met by the applicant and would not injure the public health,
safety and welfare of the area.
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Village of
Oak Brook village President Craig and Board of Trustees
Village of Oak Brook
1200 011�s�-oo��Road 1200 Oak Brook Road
Oalc Brook,1L 60523-2255 Oalc BTOOlc, IL 60523
webs;ce �
www.oak-brook.org
SUBJECT: Akhtar—10 Kingston Drive -Variations to the front, side and rear yard setback
Administration requirements to accommodate portions of the roof overhang
630.368.5000
Fax 63o.36s.5oas Dear President Craig and Board of Trustees:
Community
Development Background
630368.5101 At its meeting on February 1, 2010, the Zoning Board of Appeals held the required public
FAX 630.368.5128 hearing on a petition from Robert Kirk on behalf of the property owner Dr. Naveed Alchtar for
several variations to allow the roof overhang on a single-family home under construction to
Engineering encroach into portions of the front, side and rear yard setback requirements in order to complete
Department
63o.36gs13o construction of a single-family home.
FAX 630.368.5128
A summary of the requested variations are listed in the following:
Fire llepartment
630.368.s2oo a. Section 13-6C-3F.1 (front yard) —Permit an encroachment of approximately six-inches
FAx�3o.3�s.525o (6") far a width of approximately three-feet(3')to permit a roof overhang in the 40 foot
front yard.
Police Department
630.368.8700 b. Section 13-6C-3F.2 (side yard) — Permit an encroachment of approximately one-foot
FAx 63o.35s.s�39 seven-inches (1'7") for a width of 17 feet to permit a roof overhang into the 12 foot side
yard.
Public Works c. Section 13-6C-3F.2 rear ard Permit an encroachment of a roximatel one-foot
Department � Y � — pp y
630.368.5270 one-inch (1'1") for a width of approximately sixty feet (60) two inches (2) to permit a
FAX 630368.5295 roof overhang into the 40 foot rear yard.
oak sroolc Public Comment
Pubiic�,ibrarv All interested parties were notified of the public hearing. One resident spoke in support of the
request and a letter of support was received from the Brook Forest Homeowners Association.
600 Oak Brook Road No one spoke in opposition to the request.
Oak Brook,IL 60523-2200
630368.7700 Recommendation
FAX 630.368.7704
By a vote of 4 to 2 the Zoning Board of Appeals recommended approval of each of the
Oalc Brook Sparts Core requested variations
In making these recommendations, the Zoning Board of Appeals found that the required
Bath&Tennis Club standards for approval of the variation requests were met by the applicant and would not injure
700 Oak Brook Road the public health, safety and welfare of the area.
Oak Brook,IL 60523-4600
630.368.6420
FAX 630368.6439 Very truly yours
�
Goif Club
2606 Yark Road Champ Vis
- Oak Brook,IL 60523-4602 Chairman
630.368.6400 Zoning Board of Appeals
FAX 630.368.6419
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or the lack of alignment with the goal of the character of this village. He urged
the board to not approve the construction as it exists with the Zubi fence.
No one else in the audience testified regarding this matter at the hearing.
Chairman Davis asked Mr. Kallien what he was seeking out of the process
should the appeal be denied.
Village Attorney Sterk responded that Mr. Kallien was not seeking anything
from this appeal process. If the appeal were denied then it would go back to the
Community Development Department and the Village Board on whether they
would direct Mr. Zubi to take the fence down. If the fence did not come down,
then they would have to resort to whatever remedies are available to the
Village. They could fine him on a daily basis or seek a court order requiring the
removal of the fence.
Director of Community Development Kallien added that in his original letter to
the Zoning Board of Appeals, he summarized the issue and indicated that there
were things that the applicant could seek to clarify the issue relative to either a
text amendment or as Member Nimry brought up the suggestion of a va1-iation
request:
Mr. Daniel said that in the closing argument they talk about the lapse of time
between 2007 and 2009. With this appeal they have tried to avoid the burden
of seeking a text amendment or variation or the alternative of going to the
Village Board to admit the grade issue and ask them to set another grade, which
they are not going to do, because they cannot. The three remedies are very
costly and carry substantial risk to vested rights and the chances are that there
would be an appeal from the decision before any of the rights occurs.
Motion by Member Rush, seconded by Member Young to close the public
hearing portion of the appeal and continue the public hearing on the appeal for
closing arguments and deliberation to the next regular Zoning Board of Appeals
meeting on March 2, 2010. VOICE VOTE: Motion carried.
5. NEW BUSINESS NEw BusrNEss
A AKHTAR— 10 KINGSTON DRIVE — VARIATION TO SECTIONS 13- ax��TAR - �o
KINGSTON DR. -
6G3F.1 13-6C-3F.2 AND 13-6C-3F.3 TO ALLOW AN VARIATIONS-TO
ENCROACHMENT INTO THE FRONT SIDE AND REAR YARD ALLow ROOF
OVERHANGS IN
SETBACKS TO ALLOW THE CONSTRUCTION OF THE SOFFIT x�Qui�D YA�
AND FASCIA SETBACKS
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 3 of 9 February 2, 2010
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Chairman Davis swore in all that would testify at this hearing.
Robert Kirk, architect for the property owner reviewed the request for approval
of a variation that would allow the soffit and fascia to encroach into portions of
the required front, side and rear yard setbacks. The front and reax setbacks are
both 40 feet and the side yard is 12 feet. The lot has a unique shape and there is
no neighbor on one side and there is approximately 40 feet separation to the
neighbor facing the side yard.
� He said that the permit was issued showing the edge of the building almost to
the setback lines. During construction, construction was halted and they were
informed that a variation would need to be sought for three areas of the roof
overhang. The front yard variation request is to allow a roof overhang
projection of 6-inches, for a width of approximately 3 feet. The side yard
variation request is to allow a roof overhang projection of approximately one-
foot seven-inches (1'7"), for a width of approximately 17 feet. The rear yaxd
vaxiation request is to allow a roof overhang projection of approximately one-
foot one-inch (1'1"), for a width of approximately 60 feet into the 40-foot
setback.
Mr. L�irk sununarized the variation standards as follows:
1. a. 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.
RESPONSE: If the roof overhang would be cut back to the required non-
infringement, the architectural integrity of the design would be severely
affected. It was cut back for a while, but the whole integrity of the architecture
was affected and they are seeking to allow all of the overhangs to be consistent.
1. b. The plight of the owner is due to unique circumstances.
RESPONSE: The unique circumstance was that the building permit was
issued allowing for the roof overhang infringements. The owner proceeded in
good faith to build the residence.
1. c. The variation, if granted, will not alter the essential character of the
locality.
RESPONSE: The locality will not be altered by granting the requests and
would not affect the character of the neighborhood.
2. a. The particular physical surroundings, shape, or topographical
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 4 of 9 February 2, 2010
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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:
RESPONSE: It is a unique site being a curved corner lot and caused the
unique shape and location of the building footprint.
2. b. The condition upon which the petition for variation is based would
not be applicable generally to the other property within the same zoning
classification.
RESPONSE: A building permit to allow the infringements was issued. Other
properties would generally not be applicable in the same zoning classification.
2. c.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 located. They think it is a minor
change and if anything adds to it.
RESPONSE: It would not be injurious or a detriment to the public or adjacent
property owners.
2. d.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.
RESPONSE: Granting the variation would not affect property values in the
neighborhood.
2. e.That the purpose of the variation is not based exclusively upon a desire
to make more money out of the property.
RESPONSE: There is no financial consideration associated with the requested
variances.
2. f. That the alleged difficulty or hardship has not been created by any
person presently having an interest in the property.
RESPONSE: A building permit to allow the requested overhang variances was
_ issued by the Village of Oak Brook. The alleged difficulty or hardship was not
created by any person associated with the property.
Chairman Davis asked if the surrounding neighbors were notified.
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 5 of 9 February 2, 2010
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Mr. Kirk responded that they were.
Michael Cho, 13 Kingston Drive questioned the permit process and asked what
kind of environmental impact could there be on the neighbors, if approved.
Mr. Kirk responded that the granting of the variation would not cause a negative
impact on the locality or be injurious to the neighborhood, because it is a very
minor request. The distance to the neighbor to the rear is about 100 feet; the
neighbor to the side is approximately 34 feet; and the area to the front and the
side with the garage there are not any neighbors. They feel there is very little
impact to the neighborhood. There is no impact to light and air because that
would refer to the structure being built higher, which they are not.
Chairman Davis responded that in order for the Zoning Board of Appeals to
recommend the variation, they must see that the standards have been satisfied.
Chairman Davis asked whether some other communities measure setbacks from
the foundation wall rather than the roof overhang.
Director of Community Development Kallien responded that there axe
communities that measure to the foundation wall. He added that there appears
to be somewhat of a contradiction in the Code, because a house can have
awnings, which can encroach into all of the yards by three-feet. However,
eaves on a house are not allowed.
William Lindeman, 11 Pembroke Lane, resident said that his property was not
directly affected by the relief being sought, but questioned whether any
objections were received from properties located closer to the subject property
and said that he would support the opinion of those more directly affected than
himself.
Planning and Zoning Administrative Tech, Gail Polanek, responded that all
required surrounding properties had been sent a public hearing notice and no
objections had been received.
Director of Community Development Kallien also noted that a letter of support
had been received from the Brook Forest Homeowner's Association.
Mr. Lindeman said that he had a curiosity as to how this was allowed to happen
and suggested better controls be set at the Village level to keep this type of error
from happening again. He said that the applicant benefitted from the mistake
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 6 of 9 February 2, 2010
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by allowing a larger home to be built. He suggested the addition of foundation
landscape to reduce the appearance of the additional bulk of the house.
Consideration should also be given during the review of the zoning code
regarding the eaves, because a Frank Lloyd type house would have a much
larger eave.
Member Nimry responded that the Village did not spring anything on the
applicant, because the case file contains a copy of the approved plan with the
notation that all eaves had to meet the setback requirements, so they were aware
of the requirement in 2008 and it was nothing new to the architect or the
property owner. The Village staff did their job 100 percent.
Mr. Lindeman said that he made his comments based upon the presentation
made by the applicant.
Mr. Kirk reviewed each picture and identified the specific axeas where the
variation was being requested. He added that he did not receive the permits that
were picked up by the general contractor; and he did not know that the
overhang was going to be an issue. The areas in question are very small areas
that would have a minimal impact.
Member Rush noted that there was a letter in the file from Mr. Bill Hudson
(Community Development Dept.) to Mr. Kirk, the architect, prior to
construction, stating that the setbacks could not be met and that if construction
were continued it would be at the applicant's risk.
Mr. Kirk noted that the letter was received after they were under roof.
Member Bulin disagreed and noted that notification was made at the time of the
backfilUfoundation inspection on Apri124; 2009, noting that the "setbacks were
not approved with the current configuration. Okay to backfill at owners risk —
anticipating failure and architectural corrections. No construction above
foundation." The contractor was obviously aware of the situation at that point.
Mr. Kirk noted that he never received the inspection report.
Director of Community Development Kallien said that with all new
construction, after the foundation is poured a spot survey is required to show
the actual setbacks, and a copy of the spot survey has been included in the case
file. He added that although the permit was approved in October of 2008, the
permit was not picked up until February 24, 2009. So between February 24,
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 7 of 9 February 2, 2010
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2009 and April 24, 2009, is the 60 day window from when construction
commenced. The Village was in continuous contact with the applicant to prod
him along, because the permit had expired and additional fees to the Village
were invoked.
Member Bulin asked if Mr. Kirk had been notified.
Mr. Kirk responded that he was not involved in picking up the permits. The
first time he found out about it was when he received a phone call.
Dr. Akhtar, owner of the subject property, said that he believed it was an
oversight on their part as well as that of the Village, because when the permit
was issued in 2008, there were no remarks regarding the eaves. They did not
discover a problem until the concrete had been poured, and after $80,000 worth
of concrete is poured, it is very difficult to change. It does not impact any of
the neighbors. The overhang in the front section is for only six-inches and only
for a length of three feet; and then there are and additional 40 feet to the end of
the property, plus a forty-foot wide road and an additional 40 feet to the
neighbor, which will not impact the neighbor at all. The side is for a one-foot
one-inch overhang and was an oversight. The construction was stopped and
they said that they would apply for a variance. In the rear, the overhang on the
one-story portion of the house would encroach approximately fourteen-inches
into the setback. The foundation of the entire structure is completely within the
required setbacks. He asked the Zoning Board of Appeals to please approve the
request, because if they are required to cut back on the overhangs the whole
architectural integrity of the building would be gone. They attempted to
eliminate those areas of the overhangs and it looked like someone forgot to
build it. A letter of approval from the homeowner's association, for approval of
the requested encroachments has been included in the case file. He apologized
for overlooking this, and they have nothing against the Village, but would
appreciate approval so that they can continue with the permit. (Note: the
property owner confused some of the numbers during his testimony, but the
formal request and presentation were for the accurate relief being sought.)
Member Young questioned whether sanctions could be imposed against the
roofing contractor or architecture firm.
Village Attorney Sterk responded that a citation could probably be written for
an ordinance violation, but the maximum fine could be approximately $750.00;
but that would probably be the first time, but realistically, $200 would probably
be the most.
VILLAGE OF OAK BROOK
Zoning Boaxd of Appeals Minutes Page 8 of 9 February 2, 2010
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Director of Community Development Kallien commented that in his eleven
years at the Village, there have been approximately 200 house permits issued,
and this is the first time that this has happened. Staff was diligent and identified
the issue up front and unfortunately the construction progressed.
Chairman Davis noted that a�movement was made by the applicant to admit that
a mistake had been made and it was an unfortunate situation. It is one that can
be remedied. If it is recommended, he would also recommend that the Village
Board undertake a review of the ordinance in view of the inconsistency between
the overhangs and other accessories that are permitted to infringe. This is a
slight infringement, no immediate neighbors complained and the homeowner's
association has approved the request. It appears that the standards were
satisfied and it is an unfortunate situation. The request did not appear to present
any infringement upon any of the neighbors or on the neighborhood.
Motion by Member Nimry, seconded by Chairman Davis to recommend
approval of the variations as requested. ROLL CALL VOTE:
Ayes: 4 — Members Bulin, Cappetta,Nimry and Chairman Davis
Nays: 2 — Members Rush and Young.
Absent: 1 — Member Ziemer. Motion Carried.
6. OTHER BUSINESS oTxExsusn�Ess
There was no other business to discuss.
�I. ADJOURNMENT: ADJOURNMENT
Motion by Member Bulin, seconded by Member Nimry to adjourn the meeting
at 8:30 p.m. VOICE VOTE: Motion carried
ATTEST:
Robert Kallien,D'rector o ommunity Development
Secretary
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 9 of 9 February 2, 2010
��
� � ��
.-
VILLAGE OF OAK BROOK
Zoning Board of Appeals
STAFF REPORT
DATE: January 27, 2010
CASE NOS: 2009-026-ZO-VAR
DESCRIPTION: Variations requested to the front, side and rear yard setbacks to
accommodate the roof overhand on a single-family home under
construction.
PETITIONER: Robert Kirk (on behalf of Dr. Naveed Akhtar)
ADDRESS: 10 Kingston Drive
EXISTING ZONING: R-3, Single-Family-Detached Residence District in the Brook Forest
Subdivision
ACREAGE: 0.59 acres (25,865 square feet)
ZONING/USE OF SURROUNDING PROPERTY:
The property is surrounded on all sides by R-3, Single-Family
Detached Residence District, Single-family homes in the Brook
Forest Subdivision.
DISCUSSION: Robert Kirk AIA, (on behalf of Dr. Naveed Akhtar, owner) has
submitted a petition seeking approval of several variations in order to
accommodate the completion of a new single-family home.
A summary of the requested variations are listed in the following:
a. Section 13-6C-3F.1 (front yard) — Permit an encroachment of
approximately six (6) inches for a width of approximately three
(3) feet to permit a roof overhang in the 40 ft. front yard.
b. Section 13-6C-3F.2 (side yard) — Permit an encroachment of
approximately one (1) ft. seven (7) inches for a width of 17 feet
to permit a roof overhang into the 12 ft. side yard.
c. Section 13-6C-3F.2 (rear yard) — Permit an encroachment of
approximately one (1) ft. one (1) inch for a width of
approximately 60 ft. two (2) inches to permit a roof overhang into
the 40 ft. rear yard.
Please see the materials provided by the petitioner in the case file for
a more detailed description of this request and the rationale for
seeking the requested variations.
��
i �
STAFF REPORT —AKHTAR—1 O KINGSTON DRIVE—VARIATIONS
CASE NO. 2009-026-ZO-VAR
Staff Comments:
• In the definition section of the Zoning Ordinance, a setback or yard is defined as; "The
minimum horizontal distance between a street line and any part of a structure or any
edge of the area of operation of a principal use when no structure is involved." This
provision has been in existence since 1966 when the first Zoning Code of the Village
was adopted.
• The permit drawings (building permit #08-1-516) for the new home at 10 Kingston
Drive were approved by the Department of Community Development on October 10,
2008 and are stamped with a note that states "NOTE: All setbacks measured to roof
overhang." (see attached)
� The building permit for the new home was picked-up by the applicant on February 24.
2009.
• Over the course of the project, the homeowner and/or his architect were notified that
the project was not in conformance with the underlying setbacks on the property (see
attached correspondence).
• The Brook Forest Community Association is recommending approval of the requested
variations (see attached).
RESPONSIBILITIES OF HEARING BODY:
The Zoning Board of Appeals has the responsibility to make a recommendation on requests
for a variation. Please include in your consideration, your findings with respect to the
standards specified in the Zoning Ordinance for a variation. The materials submitted by the
applicant specifically address each of these standards.
CONCLUSION:
If the Zoning Board of Appeals is of the opinion that the applicant has satisfied the
requirements for each of the requested variations, a recommendation would be in order to
approve the requests, subject to meeting the following conditions:
1. The development shall be in substantial conformance with the plans submitted.
2. Add the provision "Not withstanding the attached exhibits, the applicant shall meet all
Village Ordinance requirements, except as specifically varied or waived."
However, if the Zoning Board of Appeals is of the opinion that the applicant has not
satisfactorily addressed the standards for approval of the requested variation, the request
should be denied.
Respectfully Submitted,
�
�
Robert L. K� Iien J�., AICP
Director of Co unity Development
2
`_iAMENDMENTS: � '� P
r' _� s i
;q,INTERNATIONAL BUILDING GODE,2000 EDIT� ��, ' � ' "
g,�NTERNATIONAL RE5IDENTIAL GODE,2000 a `'"}¢�'
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'G.INTERNATIONAL MEGHANIGAL GODE,2000 t- �N , �i���'.,o .+ �� r
b,STATE OF ILLIN015 PWMBING GODE,IQ98 EDITION ,�,°_� , ����
�_ , ,,
E.NATIONAL ELEGTRIGAL GODE M�G���qqq�DITION Y,.,`:E'-���r�,,��
F.SAFETY GODE FOR ELEVAT05 AND ESGALATOR5,1946 EDITION �a� .
9�0��._:-<<"�>i-,1F
' 6.INTTERNATIONAL PROPERTY MAINTENANGE CADE,IQqB EDITION —,� .,� ,,� .
FX�
� RAL ELECTRICAL NOTES oATE
NO. ISSUED FOR
� ELEGTRIGAL I�ORK AND EQUIPMENT PER ALL LOGAL GODES AND ORDINANGES, 1 EVIEW COMMITTE OT.OB.O�
TGHES TO BE LEVITON DEGORA WH�TE MOUNTED AT 36"FROM FLOOR LINE TO GENTER.
2 REVIEW o7.12.0�
� CLIENT REVISION OT.Zg•O
'LEVITON DUPLEX OUTLETS HORIZONTALLY 10"�ROM FLOOR LINE TO GENTER UNLE55 OTNERWISE NOTED. EviEw coMMiTre 07.24.0�
4
ALL DOWNLIGHTS WITH WHITE TRIM RINGS. 6 CLIENT REV. OT.SO.O
8 CUENT REV. OB.18.O
REGE55ED INGANDESGENT LIGHT FIXTURES WI7H S�LID LENS OR FLOURESGENT FIXTURE IN ALL GL05ET5 2'-0"DEEP 7 CLIENT REVISIONS 08.SO.0
�E FIRE AND SMOKE DETEGTORS AND INTERGONNEGT FOR 51NkJLTANE0U5 AGTUATION PROVIDE MINIMUM ONE $ EVIEW COMMITTE 08.13.Q
t 8 EVIEW COMMITTE OA.2B.�
`QR PER FLOOR OR A5 NOTED ON PLANS• , ' CUENT aEv, 11.20.0
' 10
L T O I L E T 1 B A T H F A N S T O T N E E X T E RIOR.60 G.F.M.MINIt�1M. � :
- G-� � 11 PERMIT 04.03.�
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G�E516N IN`��LATION VALUES /� ���� �
IFORMLY DI5TRIBUTED LIVE LOA 5 0.1
EXTERI01� 60 P5F a1T51DE AIR-15 MPH � � 0.80
( qp P5F CAMMON BRIGK,4° 0.84
APE 40 P5F NON-REFLEGT AIR SPAGE 3/4" 0.62 C O P Y R I G
(pA55ENGER GARS ONLY 50 PSF I/2" INSULATION SHEATNIN6 13.0
10 P5F 3��2° INSULATION 0.45 THESE DOCUMENTS AND THEIR CONT
-STORP�6E SLOPE<3 IN 12) 20 PSF ��2"6YP5UM BOARD 0.68 ARE THE SOIE PROPERTY OF GROUF
IMITED ATfIG STORAGE INSIDE AIR � ARCHITECTS, INC, AND ARE 1SSUED C
UNITS(EXGEPT SLEEPING ROOMS) FOR THe SaeCiFiC PRo�ecT NoreD,
� REPROOUCTION, REVISION, OR
ROOMS 30�� TOTA� ' ' SPECIFICATION OP THESE DOCUMENI
p�WM1T# WITHOU7 EXPRESSED WRITTEN CON:
t; .- OF GROUP A ARCHITECTS, INC. IS
� DATE ppOHIBITED BY LAW.
qppWOVED �...�
u �ec � ° VILLAGE OF OAK BROOK
DRAWN BY
1200 6301368oO0�ROAD
+ TJ
° TIFICATIONS � � CHECKED BY
MONDA
,6HT �4 HOUR ADVANCE NOTICE FOR INSPECTION
�pRAWIN65 CANTAIN PROPRIETARY INFORMATION BELONGING TO GROUP A ARGHITEGTS,LTD. UNAUTHORIZED U5E AppROVED BY
PRIOR WRITfEN PERMI5510N OF 6ROUP A ARGHITEGTS,LTD.15 EXPRE55LY PRONIBITED, GROUP A ARGHITEGTS,LTD.
16HT 2008. ��"'�
,Y GERTIF'(TNAT TNESE DRAWING5 AND SPEUFIGATIONS HAVE BEEN PREPARED UNDER MY DIREGT SUPERVI510N,AND JOB NUMBER
� BEST OF MY KNOWLED6E GPMf'LY WITH ALL BUILDING GODES HAVIN6.URISDIGTION IN THE GOUNTY OF DUPAGE AND C
LLAGE OF OAK BRDOK,Il1INol5. DRAWING TITLE
PREPARED OR GAUSED TO BE PREPARED UNDER MY DIREGT SUPERVI510N,THE A7TAGNED PLAHS AND �� ( , �, COV� ��
IGATIONS AND STATE,MPL ANBE WITH TFIE ENVIRONMENT BARR ER AGT[410ELG5 25�A TN����� �.��C> '�
ATION,TNEY ARE IN GO `}Y� '• `''` iS'
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51B�LITY CADE CII ILL.ADM.GODE 400). F � ,
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3BREVIATIONS
� AGOUSTIGAL TILE EXT. EXTERIOR PR. PAIR
• ABOVE FIN,FLR. FAB, FABRIGATE(D) R. RADIUS .
�• ALUMINUM FDN. FOUNDATION REQ'D REQUIRED
ALTERNATE FLR. FLOOR R.O. ROUGH OPENIN6
BLOGK FTG. FOOTING S.G. SOLID GORE
�, BUILDIN6 6ALV. GALVANIZED SGHED, SGHEDULE
�• BLOGKING GL. GLA55 SHT. SHEET
BEARING PLATE 6YP,BD, GYPSUM BOARD SIM. SIMILAR
GABINET H.M. HOLLOW METAL STL. STEEL
GEILIN6 HT. HEIGHT SN STAIN d YARNISH
GONG.MAS.UNIT I.D, INSIDE DIM. TSB TOP d BOTTOM
GARPET INFO. INFORMATION T�G TONGUE� GROYE GROUP A a�chitects/buildei
CALUMN INSUL. INSULATION TLr. TOILET A �'Pt'ofes8iona) COrporation
r• CANSTRUGTION INT. INTERIOR 7.0.5. TOP OF STEEL 41�� West Qolf Rd. SuttB 6
• GONTINUOUS MANU. MAMIFAGTURED T.O.W. TOP OF WALL � Arlin�ton Heights, IL 8000b
GERAMIG TILE MAS. MASONRY T.S. TUBE STEEL � s- r y
DETAIL MAT. MATERIAL TYP. TYPIGAL � '�r��,,on�B� 8 4 7 . 8 5 2 . 1 1 0 C
D O W N S P O U T M E G H. M E G H A N I G A L V.I.F. VERIFY IN FIELD � � �ex�; 8 4 7 . 9 6 2 . 1 1 8 8
EAGH M.O, M ASONRY OPEN. V.T. VINYL TILE � ��' wWw.flroupearah.com
ELEVATION O.G. ON GENT�R �..�/ w�TM �
EQUAL O,D. OUTSIDE DIM, �.�p �p � FP�. OJECT
. EXISTING PLWD. PLYWOOD WP WORK POINT �� ,�!f/'���(�K H TA R R E S I D E N C E
� `i. J ..
M B OLS �� �"1,0 KINCiSTON DRIVE
� �: � q' �JAK BROOK, IL.
:;� .
'ELEVATION � � �� ' '
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, ERIOR ELEVATION INTERIOR ELEVATION NOTE �+ � ��- ' �
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Today's Date Lot# .
Perniit#�,.�' "� -'��Ly Suite
Address �
FOOTING R F&E OU H PLUMBING
UNDERGROUND E OR P ELECTRIC SERVICE `
BACKFIL S BUILT STORM SEWER �
RO TEST ROOF-�ICE AND WATER/FINAL
CEILING STOCKING FINAL �
;:
PRE POUR �
OTHER
DATE TIME
REQUEST D BY � �
PHONE �Q-��'�C,I���— °��
PARTIAL/NOT COMPLETE '1VIEETING �
APPROVED NOT APPROVED
REMARKS: 5`r"�'sk�k� No� �P���� .
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� CONT CTOR CAY.L,�v�EDED YES - NO
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SeptemUer 4, 2009
Robert W. Kirk, AIA
Group A Architects
415 W. Golf Road, Suite 6
Arlington Heights, IL 60005
Re: Ahktar Residence, 10 Kingston Drive, Oak Brook, IL 60523
Dear Mr. Kirk:
We are in receipt of your proposed plails for the construction at the aUove-captioned
address. As we discussed when I received the suUmittals, you are aware that this
proposal would encroach into two of the required setbacks on the lot, and were
aware of that prior to the construction of the encroachments.
During that discussion, you indicated that it was your intent to continue construction
and apply for a variance. Please remember that I discouraged this option, and allow
me to remiud you that any consh-uction that is done in violation of the Zoning
Ordinance is at your risk.
Upon review of your letter, it is also noted that you classify these violations as
"existing condition that is in noncompliance. Unfortunately, that is not the case;
this is not an"existing condition", rather one that you are choosing to create.
If there is any way that I can be of assistance, or if you have any additional
questions, please feel free to call (630) 368-5110 or e-mail UhudsonLi�oak-brool:.oig
Cordially,
��� �
��
William H. Hudson, MCP
Building Inspection Supervisor
Village of Oak Brook
���
�
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�'�� SWIMMING POOL � PATIO � �� � �,
� p � (� I� �' �' '�� ��,
LEGEND �GS�° ; FOUNDATION SURVEY � ��
�HOI�N�'�Aftvc�r�,iiSVMC�1'AKC'.ft �` •� ;,�„
. �q-a-�t�o �ti��,,
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r/f -rrJrOr r�aiNpp,T�ON f^ Suo�ecitoCo��*' L�>�77�3 IN BKCX)KFOKESi SUBUIV'�ICNJ I;N:1 f IVL
(�EING A'-iUBDIVI51CiN�)F PART C1f-SECTICNJ`-i/7,
rRcr.r� -vRoroseo roP or r<r.;u[>nn�>u ��r1� �I \r? rpwuSniF 33 NORTn,RANrE i i enSr�p*ne rniv,t:
fiB.L -TVY Of BRK.K IFOGF PG� � I S, MON �'RIN(;I!'AL MERInIAN,KFC(MDE�)A'•G�Y;UMFNT
r�P.�A.L -PROKJSE�10PUF BRICR tEWE G�lL�C�/ \��(.� ..��, i�. R6-.`j 71 B9,IN DUPArF.��11JNTV,II L!N(N'-�.
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/ /��/ ..�f�2- '�A/.B�CCXJK.iL G,li57_'.
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APPROVAL � '
, ����
. z
STATE OF IILINOIS�
ALTHOU6H THE FOUNDATION WALLS� / 3��� COUNfV OF KANE ;�s
ARE LOCATED WITHIIN THE REQUIRED a q�9/ iHI51STOCEHTIFVTHAiTHfPUTSNOWNHEREONISA
n5 BUi�r r/F-�0�.52 �' CORRECT REPRESF.NTATION OF A FOUNDATqN LOCRTpN.
BUILDABLE AREA, THE EAVES—AS �°RovvF-�ozso� �SpP �0? ALLDIMENSIONSSHOWNAREINFEETANDDECIMNLPAFTS
l THEREOF
DRAWN-WILL NOT COI�f LY. ^ \� GNEN UNDER MY FUND AND SEAL THIS t97N DAV OF
CERTIFICATE OF OCCUPANCY SHA,� ' � APR�AD� /}�� �J�//�/�
I $VA4M'IK.Il?^i.
AZ B'I'l"R.:.��J)`".e �. IJ/�'��iivf/W
NOT BE ISSVED UNTIL ONE OF TI�' �'� `��"'�` '�'�' �
�p NRZVSZTOF BUNDO
6� / RLMOIS PROFESSIONAL UND SURVEVOR NO.3705
FOLLOWIN6 IS COMPLETED: 1 '' � �,��G,_�`� � .��EN�F Fx��kF�,��,�,�
1.THE EAVE DIMENSIONS A�:;: ,o•a ' N�,e'�o O �v`� °�
PqT10 . y�. /j..'" � [c un )W9,o�H .o=.ee ro.
REDUCED TO CONFORM. ��"``�_'°°z6 `
���,rt_�o��� �.�.�� �
ALPS BUILDERS
O �
,�`�^ � cn.«w RB I 17 ASY1FURf)W.
� ��'� e \Z' .eo.�.n r.n WESTMONi,II.C:f)553
2.A VARIANCE IS REQUESTED BY T�#�_ � s,�� � °"l \�� s<o�".pB/29pg "�6°�;�75'"3��wt
HOMEOWNER AND 6RANT�1� �� � �, �• 2O� �
� I ' N���Np
THE VIl.LA6E OF OAK BROOK. � I � `� ` ��° SG9� "`�°""°"
m � v � ,;�,
m r �y�g�p��p m: ACORN CONSULTANTS ITD.
_ _ _ _ _ _ « I
K BROOK� � � ° 160°�'" o`� �3ar ,F�E Rc�A�
3.THE VILLA6E OF oa -- -- , � �/� d MTAVIA �= n^.^�^ ���Na`Go�,�°
� , � � IEL:((i)):i51-,/I`,
ZONIN6 OR�INANCE IS AMENDeD�T - � � � iP�',�T"����o��' F,� «;3°„E,:-g6°'.
eq.j,,���Q,^"'r�IT .""^#(v"a01^ cG�.'.. TIY��O��`
TO PERMIT ME�'� '
^�-�a� r��4a'd�I�'�.�5�'?;r'^"
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��UNT� '
Village of
Oak Brook �anuary 15, 2010
1200 Oak Brook Road
Oak Brook,IL 60523-2255
Website �
rvww.oak-brook.org DedC R2SICIeIIt:
Administration The Oak Brook Zoning Board of Appeals and the Village Board will be considering
630368.5000
FAX 630.368.5045 a variation request at the meetings scheduled on the back of this notice.
Community The application has been filed by: Robert Kirk, Group A. Architects
Development 1100 Landmeier Rd. Suite 202
630.368.5101 �
Fax63o.36asi2a Elk Grove Village, IL 60007
Engineering The property in question is located at: 10 Kingston
Department
630.368.5130 ReIat1011SI11 Of a licant to I'0 e Architect
Fax 630.368.si2s p PP P P �Y�
Fire Department Owner: Dr. Naveed Akhtar
630.368.5200 18 Kingsbury Court
FAX 630.368.5250 OdIC BCOOIC, Illinois 60523
Police Department
630.368.8'700 Also shown on the reverse side of this notice is a map* of the area to assist you
Fax�3o.36s.s�39 in determining your relationship to the properry in question.
Public Works The request, which has been made, is as follows:
Department
630.368.5270
Fax 63o.36s.sz9s The petitioner is seeking approval of variations that would permit the
construction of the soffit and fascia, which would encroach into the required
Oak Brook front, side and rear yard setbacks of the home under construction at 10 Kingston
Public Librarv Drive.
600 Oak Brook Road if you desire more detailed information, please contact the Community
oak B��ooit,IL 60523-2200 Develo ment at 630-368-5103 between 8-4 Monda throu h Frida
630.368.7700 p � y g y•
FAX 630.368.7704
Sincerely,
Oal�Brook Sports Core
Batli&Tennis Club '��s��
�oo oak srook Roaa Robert L. Kallien,_�r�; AICP
Oak Brook,IL 60523-4600 Director of Communi Develo ment
630.368.6420 � p
FAX 630368.6439
RLK/gp
Golf Club
2606 York Road
Oak Brook,IL 60523-4602
630368.6400
FAX 630.368.6419
�
<s
�PUBLIC NOTICE l� ��
NOTICE IS HEREBY �
GIVEN that a public hear- �
ing before the Zonin9 Board �
of Appeals of the Village of
Oak Brook, DuPaee and . .�
Cook Counties,Illinois,wPll .
be held on FebruarY 2,2070,
at 7:30 p.m. in the Samuel CERTIFICATE OF PUBLICATION
E.Dean Board Room ofthe
Butler Government Center,
Village of Ook Brook, ,�oo Paddock Publications Inc.
Oak Brook Road, Oak �
Brook, I Ilinois 60523 for ihe
purpose of considering the Dail�Herald
application of Robert Kirk,
Group A. Architects, 7100
Landmeier Road,SuiTe 202,
EIk Grove Village, IL 60007
on behalt of Dr. Naveed �
Akhtar,l8 Kingsbury Court,
ook Brook, n���o�s 60.523, Corporation organized and existing under and by virtue of the laws of
property owner of 10 King-
Sro� Drive, Oak Brook, i� the State of Illinois,DOES HEREBY CERTIFY that it is the publisher
6Q523 for a variation as pro-
ihe Zon�ngUOtld nanole of3the of the DAILY HERALD.That said DAILY HERALD is a secular �
Village ot.0ak Brook, Iili-
�0�5, Ordmance c-so a5 newspaper and has been circulated daily in the Village(s)of
amended.
Tne petiTioner �S seeking Addison Bensenville Bloomin�dale,Carol Stream,Glendale HeiQhts,
approval of variations ihat
wou�d perrnit me co�5tr��- Glen Ellyt� Itasca Keeneyville Lisle Lombard,Medinah,Naperville,
tion of The soffit and fascia,
which would encroach into
the required front,S�de a�d � Oak Brook Oakbrook Terrace Roselle Villa Park,.Warrenvi e,
rear yard setbacks of ihe
home under construction at WOSt CI11C2�0 Wheaton Winfield Wood Dale
70 Kingston Drive. �
The property may be gen-
erally described as 10 King- �
ston Drive,Oak Brook, Illi-
nois, d0523 and ihe legal .
description is as follows: �
LOT 279 IN BROOK FOR-
EST SUBDIVISION UNIT �
FIVE BEING A SUBDIVI-
SION OF PART OF SEG �
TION 27, TOWNSHIP 39 �
NORTH, RANGE 11 EAST
OF THE THIRD PRINCI-
PAL MERIDIAN, RE- �
CORDED AS DOCUMENT
R69-7189,IN DUPAGE
COUNTY,ILLINOIS.
Permanenf Index Number
Ob27-704•001
AII pef50I15 d85iPing TO b@
heard wi I I be afforded an oP-
portunity to do so and mav �
submit iheir statements �
orallv or in writing or both.
The hearin5 may be re-
cessed to another date if no-
tice of time and Place
thereof is publiclY an-
nounced at the hearing or is County(ies)of DuPaee
given by newspaper publi-
cation not less ihan tive cs> and State of Illinois,continuously for more than one year prior to the
days prior to ihe date of ihe
�e�e55ea nea���9. date of the first publication of the notice hereinafter referred to and is of
In accord with ihe provi- .
sions of the American with
Disabilities Act, anv ��d�- general circulation throughout said Village(s),County(ies)and State.
vidual who is in need of a
reasonable accommodation
ill O�d2�TO POf1iCIp01E in of
beneiit from attendance ar I further certify that the DAILY HERALD is a newspaper as defined in
ihis public meeting should
contact ihe Village's aoA "an Act to revise the law in relation to notices" as amended in T992
Coordinator,at 630368-5022
as soon as possible before
tne meerme date. Illinois Compiled Statutes, Chapter 7150,Act 5, Section 1 and 5.That a
The petitioner's applica-
tion is onfile wiih ihe Village notice of which the annexed printed slip is a true copy,was published
Clerk and w�th ihe Director
of Community oe�e�op- Januarv 15 2010 i11 Sald DAILY HERALD.
ment. Persons wishing to �
examine the Petition docu-
menfs mav arrange to do so
with the Director of Com-
munity Development, Rob- IN WITNESS WHEREOF,the undersigned,the said PADDOCK
ert Kallien, Village of Oak
Brook, �soo oak arook � PUBLICATIONS,Inc.,has caused this certificate to be signed by,this
Road,Oak Brook, IL 60.523, �
re�epnonebaaa�e-s,oa. authorized agent, at Arlington Heights,Illinois.
CharlotTe Pruss � .
Villase Clerk �
Published at the direction of
a a tr�ie zon°i9 eoa d ot Ap PADDOCK PUBLICATIONS,INC.
peals of ihe Village of Oak DAILY HERALD NEWSPAPERS
8rook, DuPage and Cook
Counties,Illinois.
Published in Daily Herald
Jan.75,2010(4795642)5 �
BY
Authorized A nt
Control#4195642
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��UNTY,
AGENDA ITEM
Regular Board of Trustees Meeting
of
January 26, 2010
SUBJECT: Referral—Akhtar— 10 Kingston Drive—Variation—Setback Requirements
FROM: Robert L. Kallien, Jr., AICP, Community Development Director
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to refer the request for a Variation to the Zoning
Board of Appeals for public hearing.
Back�round/Historv:
The applicant is seeking a variation to the required setbacks in order to complete construction of
the home located at 10 Kingston Drive.
Recommendation:
Please refer this request for a Variation to the Zoning Board of Appeals for public hearing.
�,�v�
BOT-Refen�al-Akhtar-10 Kingston-Var.doc �
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ARTICLE C. R3 SINGLE-FAMILY DETACHED RESIDENCE DISTRICT
13-6C-1: PERMITTED USES:
Permitted uses shall be those as in the R1 single-family detached residence district. (Ord.G-60, 3-22-1966)
13-6G2: SPECIAL USES:
Special uses shall be those as in the R1 single-family detached residence district;and
Residential development of cluster type sing�e-family detached dwellings intended for occupancy by persons fifty five(55)years of
age or older,and all occupants at least eighteen(18)years of age or older,on parcels not less than thirty(30)acres in area'.
Residential development of existing buildings of historical,architectural or cultural significance2. (Ord.G-60,3-22-1966;Ord.G-83,
4-9-1968;Ord.G-203, 12-14-1976;Ord.G-608, 3-10-1998)
13-6C-3: LOT AREA REQUIREMENTS:
A. Reduction Of Lot Area:Not less than twenty five thousand(25,000)square feet,except that in subdivisions of eighty(80)acres
or more in area,the lot area may be reduced to one-half('/2)acre provided that lands equal to ten percent(10%)of the total
area be dedicated to the village,or agency approved by the village board,for park or recreational uses and no portion of which
shall be less than four(4)acres.The dedicated land shall be appropriate for park or recreational uses,and shall not include wet
drainageways in excess of twenty five percent(25%)of the total dedicated area.
B. Lot Width: Not less than one hundred feet(100')within the buildable area.
C. Floor Area Ratio: Not to exceed 0.4 for nonresidential uses. �
D.Structure Height:
1. Residential Uses: Not more than forty feet(40')except for continuous flat roofs,which shall be not more than thirty feet(30')
to the top of any parapet wall. However,where resi�iential building heights exceed thirty feet(30'),the highest space that can
be occupied must have an emergency escape and rescue opening at a maximum elevation of thiRy two feet(32')above
grade.
2. Institutional And Other Nonresidential Uses: Not more than forty five feet(45').
a
, E. Ground Floor Area Per Dwelling:
1.One Story: Not less than one thousand five hundred(1,500)square feet.
2.Bilevel:Not less than one thousand three hundred(1,300)square feet(floors at grade and above basement).
3. Dwellings Having More Than One Story: Not less than one thousand(1,000)square feet. '
F Yards: Except as required in subsections B and D under"accessory uses and structures"in section 13-6A-1 of this chapter,
yards shall be provided as follows:
�Front:Not less than forty feet(40')in depth,except front yards abutting York Road and 22nd Street shall have a depth of not
less than one hundred feet(100').
�Side: Not less than twelve feet(12')in depth except:
l./
a.A side yard abutting a street shall be not less than foRy feet(40')in depth;
b.To accommodate a side load garage,the minimum side yard setback(on 1 side yard)must be at least twenty three feet
(23');the width of the pavement opposite of the garage door must be a minimum of twenty three feet(23');
c. For nonresidential uses each side yard abutting a street shall be not less than fifty feet(50')in depth and each interior side
yard shall be not less than thirty feet(30')in depth and increased by not less than two feet(2')for each one foot(1')of
structure height over thirty teet(30');
d.Side yards abutting York Road and Cermak Road shali have a depth of not less than one hundred feet(100').
1 3�Rear: Not less than forty feet(40')in depth.(Ord.G-60, 3-22-1966;Ord.G-83,4-9-1968;Ord.G-203, 12-T4-1976;Ord.G-
U 730,9-23-2003)
l '
Print Form
. _ � � -
VILLAGE oF UAK BROOK
�G�OF Oqk� 1200 OAK BROOK:ROAD
� °� OAK BROOK, IL 60523
d . �i 630-368-5103
O9�BROOK�yy
PETITION APPLICATION for
PUBLIC HEARING
ZONING ORDINANCE: ❑ APPEAL ($300) I,�VARIATION $7_Q)
❑ AMENDMENT ($750) ❑ SPECIAL USE ($750)
PUBLIC HEARING SIGNS (�so-each lot frontage) � -Enter Number of Street Frontages/Per Parcel
APPLJCANT TO COMPLEfE NOTE: ALL APPLICATIONS ARE TO BE RECENED BY THE DIRECTOR OF COMMUNITY
DEVELOPMENT AND AFTER AN INITIAL REVIEW WILL BE FILED WITH THE VILLAGE CLERK.
LOCATION OF
SUBJECT PROPERTY IO k��►6.ST� ��VE PERMANENT PARCEL NO*. 6G -�_-�_-m�
LOT NO.Z� SUBDIVISION �llZCokC'G�'IE�+T LEGALADDRESS* �� K1N657A�+ /7RZ1✓b'.f.�IC PfjZ�C
ZONINGDISTRICT �-3 ZONINGORDINANCESECTION �3"6�-3�'•6 , 13-dc -3F,Z a,,d a3�be-3
ACTION REQUESTED I��1JL`� I�I �IYIT'�l'��✓GE 7b 11LL� PG+�s AAn?i� sC1�i/T
�h10 �C�A 7o ENGltmN�tl lnr�'v �P,�6+wa� f��'. s G? 41�GIC . __�, _ �
PROPERTY INTEREST OF APPLICANT: OWNER CONTRACT PURCHASER AGENT �
OWNER(S)OF RECORD �7 NAY�G� /��f���7 PHONE 6 '�•��• ��;
ADDRESS �g �//rS�tY ���? CITY ��� �3�� STATE �'L• ZIP 6o's Z 3
BENEFICIARY(IES) OF TRUST �''� • PHONE
ADDRESS CITY STATE ZIP
NAME OF APPLICANT(and Billing:lnformation)��1 W� ��n�L� A/�' PHONE �q�. �2• /t00
ADDRESS �Ra�� t��G�������� CITYtiLk��'� v/u• STATE ��• ZIP 6� -
Contact Name and E-mail Adtlress(s)��S�nT �l�K , r k irk C�' � r�v�R�r/'LGtt• LO�"► •
I(we)certify that all of the above statements and the statements contained in any papers or plans submitted herewith are true to the best of my(our)
knowledge and belief.I(we)give permission to the Village to install public hearing sign(s)on the lot frontages of the above subject property as
described in the Vill ge Code. In addition to the above fees,applicant agrees to r 'mburse t Vil fer u lication costs within 30 days of billing. � •
X �,(�., �z• ,4 � • �z• �• �-�'f
Si�_ re of Owner__ _:...__�....._�.---.-----Date --_ __._.___�nature of Ap�licant ___._......_......._.__._._.. Date--- _....___..._....�....._._..
�._.._...........---._..._._.....___..._. .
DO NOT WRITE IN TNIS SPACE-F R OFFICE USE ONLY
Date Filed ��'� ��O"'vg Fee Paid$ �d� � Receipt Na Received By ` ��
Board of Trustees(Referral) a�'�V Notice Published ���0 Newspaper Dailv Herald Adj.Property Owners Notified �l s'"�d
PUBLIC HEARING DATES: Plan Commission N/Q' Zoning Board ofAppeals �"�� "-��
Board of T stees � "2��l� Board of Trustees 3 '- �� ��
— (App �al of Ordinance)
SIGNED-VILLAGE CLERK
� .�Q Date ,�t"'' ".,l'�,' �
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ARCNITECTS
December 18, 2009
LETTER OF EXPLANATION
The property in question is a single family residence at 14 Kingston Drive in Oak Brook,
Illinois. An overhand variance is sought to allow for partial soffit and fascia
enhancement into the required front, side and rear yard set back. The zoning district is
R-3, and the zoiung variation requested is a variance�_ "
from section 13-2-2, to allow a roof overhand to encroach into the requirect nuiiain��zt
backs. The other sections that the variances are requested are 13-6C-3F.1, 13-6C-CF.2,
and 13-6C-3F.3.
A building permit was issued by the Village of Oak Brook with the indicated roof
overhangs, infringing into the required froilt, side, and rear yards. Therefore,the
variances requested are not based on personal conditions of our making. The granting of
the overhang variances is critical because the character of the architecture would be
adversely affected by the cutting back of the overhangs. The overhangs encroaching on
the set back limits, was discovered after the concrete foundation was poured for the house
and the spot survey for foundation was submitted to the village to obtain the backfill
permission. Group A Architects, Inc.has designed and had built numerous residences in
Oak Brook. The set back to the overhang requirement was never an issue, and the current
condition was an aversight,therefore,the condition was iiot self induced.
The following variances are requested:
1. Front Yard—A variance to allow a roof overhand projection approximately 6" for a
width of approximately 3'-0" into the 40'-0"feet from yard set back requirement.
2. Side Yard—A variance to allow a roof overhand projection of approximately 1'-7"
for a width of approximately 17'-0" into the required 12'-0" side yard set back
requirement.
3. Rear Yard—A variance to allow a roof overhand projection of approximately 1'-1"
for a width of approximately 60"—2" into the 40'-0"rear yard set back requirement.
Group A Architects,Ltd. 1100 Landmeier Road Suite 262 Elk Grove Viilage,Illinois 60007
p 847.952.1100 f 847.952.1158 www.groupaarch.com
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ARCHITECTS
Variation Standards
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A. The property in question can not 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. (13-14-6) D1-a
If the roof overhangs would be `cut back' to the required non-infringement,
the architectural integrity of the design would be severely affected.
B. The plight of the owner is due to unique circumstances. (13-14-6) Dl-b
The unique circumstances are that a building permit was issued allowing
for the roof over infringements. The owner proceeded in good faith to build
the residence.
C. The variation, if granted, will not alter the essential character of the locality.
(13-14-6) Dl-c
The locality would not alter the essential character of the locality.
�2)
A. 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 regulations
were to be carried out. (13-14-6) D2-a
The unique curved corner lot shape caused a unique circumstance in the
placement and shape of the building footprint.
. B. The condition upon which the petition for variation is based would nat be applicable
generally to the other property within the same zoning classification. (13-14-6)D2-b
A building perinit to allow the infringements was issued. The other property would
generally not be applicabie in the same zoning classification.
Group A Architects,Ltd. 1104 Landmeier Road Suite 202 Eik Grove Village,Illinois 60007
p 847.952.1100 f 847.952.1158 www.groupaarch.com
��
. . � �
C. The granting of the variation will be detrimental to the public welfare or injurious to
other property or improvement in the neighborhood in which the property is located.
(13-14-6) D2-c
The granting of the variance would not be detrimental to the public weifare
D. 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 safely or substantially diminish or impair property values within the
neighborhood. (13-14-6)D2-d
The distance of the buildings adjacent the said property are far enough set
back to not have an impairment of the supply of light and air to the adjacent
properties.
E. That the purpose of the variation is not based exclusively upon a desire to make
more money out of the property. (13-14-6) D2-e
There is no financial consideration associated with the requested variances.
F. That the alleged difficulty or hardship has not been created by any person presently
having an interest in the property. (13-14-6) D2-f
A building permit to allow the requested overhand variances was issued by the
Village of Oakbrook. The alleged difficulty or hardship was not created by
�person associated with the property.
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ALPS BUILDERS INC
117 ASHFORD LN . 70-2527r7t9
, WESTMONT,IL 60559 I -J q BPPNCH t
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1100 tANDMEIER RD.,STE.202 ° � �� .; -
, � ��'ELK GROVE VILLAGE,IL 60007-2419 / �I7. :D-��� ��'
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CHASE�j' ,
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`���°,°��°°��i�0 �4ISCELLANEOUS PAYh1ENT REGPT#: 62860
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___ - — 1200 OAK BROOK ROAD
- OAK BROOK IL 60523 .
DATE: 01/15/10 TIME; 08:37
CLERK: pfinaldi DEPT: �
CUSTOMER#: 0 �
� INFO; 10 KINGSTON/VARIATIO
4302 ZOh�ING/SUBDIVIS 800.00
AMOUNT PAID: 800.00
� PAID BY: ALPS/GRP A. ARCNiTEC
PAYMENT METH; h1ULTIPLE
METH: CH CHECK/REF: 5016
QTY: 1 ADD'L REF:
AMT; 400.00
METH; CH CHECK/REF; 1266
QTY; 1 ADD'L REF:
AMT: 400,00
� � REFERENCE:
AMT TENDERED: 800,00
AMT APPLIED: 800.00
CHANGE: ,00
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Certification
Surrounding Property Owners
I (we) certify that the names and addresses of all the surrounding property owners including mailing
labels submitted with this application are located within a minimum distance of 250 feet in all
directions from the perimeter of the subject property and that the number of feet occupied by all
public roads, streets, alleys, and public ways has been excluded in computing the 250-foot
requirement.
Said names and addresses 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. The
propertv owners as listed have been obtained from the Township Assessors office within 30 davs of
the filinq of this application.
The surrounding property owners list as submitted herewith and supporting attachments are true to
the best of my (our) knowledge and belief.
I (we) give permission to the Village to install public hearing sign(s) on the lot frontages of the
subject property as described in the Village Code. In addition to the required application fees,
applicant/owner agrees to reimburse the Village for publication costs, recording fees, and any other
associated costs or fees within 30 days of billing.
�. N�v�v ,���-�,.� W, ��,
Printed Name of Owner Print e of Applicant
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Signature of 0 ner Date Signature of Applicant Date
BILL TO INFORMA TION.'
Gi�P �r �12Gk1'i�7„ �. Vr►1�• �-0131�t' �V•I�IrL� �9�'•°ISL• I l ot�
Print Name/Company Contact Person Contact Phone
11ov 1�t��1�Z �,�.K 61� Ytl�l�rlta�3 ��� . 6�q�-. �'�}'•�G ?��' .
Address To be Billed Alternate Phone
NOTE: If the applicant/owner has not complied with these requirements and notification has not
been sent to a neighboring property owner within the 250-foot requirement less than 10 days prior
to the scheduled hearing, the hearing on this�matter will be postponed to the next regular meeting,
or until such time as all neighbors within the 250-foot requirement have been sent proper
notification.
Variation Packet-2/4/2008
y•--�-
Z._- .
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NAMES OF SURROUNDING PROPERTY OWNERS
Following are the names and addresses of all surrounding property owners from the property in
question for a distance of approximately 250 feet in all directions. The number of feet occupied bv
all public roads, streets, allevs and public ways have been excluded in computina 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 they appear from the authentic tax records of this County
within 30 davs of the filing of this application Provide a mailing label for each Property
Owner listed.
Note:The people on this list will be notified b mail with the information about your request and the meeting schedule.
. � ..�. . . ��• • •.�. . • ��� - • -
� - ..�. . � .
: �
Cho, Michael & Clara 13 Kingston Drive 13 Kingston Drive 27-103-005
Oakbrook, IL-60523 Oakbrook,IL-60523
Stennis, Curtiss &Linda 11 Kingston Drive 11 Kingston Drive 27-103-020
Oakbrook,IL 60523 Oakbrook, IL 60523
Garland,John &Virginia 9 Kingston Drive 9 Kingston Drive 27-103-007
Oakbrook,IL-60523 Oakbrook,IL-60523
Diershow, Douglas & Suzie 7 Kingston Drive 7 Kingston Drive 27-103-008
Oakbrook, IL-60523 Oakbrook, IL-60523
Chawla Manjeet 5 Kingston Drive 5 Kingston Drive 27-103-009
Oakbrook, IL-60523 Qakbrook,IL-60523
Sadiq, Sayed 12 Kingstan Drive 12 Kingston Drive 27-104-002
Oakbrook,IL-60523 Oakbrook, IL-60523
Gadrinab, Dr. Nelcar&Irenea 14 Kingston Drive 14 Kingston Drive 27-104-003
Oakbrook,IL-60523 Oakbrook, IL-60523
Farnell,Alan & Roberta 1 Pembroke Lane 1 Pembroke Lane 27-104-006
Ar uilla Oakbrook, IL-60523 Oakbrook, IL-60523
Doyle, Thomas &Kevil 3 Pembroke Lane 3 Pembroke Lane 27-104-007
Oakbrook, IL-60523 Oakbrook, IL-60�23
Carava, Sam 7 Pembroke Lane 7 Pembroke Lane 27-104-008
Oakbrook, IL-60523 Oakbrook,iL-60523
Lindeman, Bill &Joyce 11 Pembroke Lane 11 Pembroke Lane 27-104-009
Oakbrook, IL-60523 Oakbrook, IL-60523
Reddy, Mrs. 2 Pembroke Lane 2 Pembroke Lane 27-105-001
Oakbrook,IL-60523 Oakbrook,IL-60523
Kastholm,Alan&Nina Lynn 4 Pembroke Lane 4 Pembroke Lane 27-105-008
Oakbrook, IL-60523 Oakbrook, IL-60523
FotoPoulos, Nick 6 Pembroke Lane 6 Pembroke Lane 27-105-009
Oakbrook, IL-60523 Oakbrook, IL-60523
(Attach additional sheets if necessary)
Variation Yacket-2/4/2008 �
� �
Subject Property Verification
(Complete a separate form for each P.I.N.)
1. Permanent Index Number(P.I.N. from Real Estate Tax Bili): OG ' 2� • /0� • (�b/
2. Common Address: /O �/NG`�Gh/ D/ZlI�C � G�'� �i/Zl�, �L ,
3. Type the Complete Legal Description Below. (Attach a separate page if longer than the area provided)
4. Email the Legal Description to gpolanek(a�oak-brook.orq
Lb? 2 � q /N �3RG+C�� FG+�,�57 5U�30/t�is/o�J v�!//T �iV,E
,���� �l s�.r3 �ivr�►raw a� ��hT G7� s�c�r�oti 2�, rGY�ivsh�>r>
3 9 N�Tiy� /2�F�✓6� �/ �i�5'f G�' T1� �l'}l/ZrJ /�i2A�v c�PG� /��-
IOiAw � /L�ccrtb� As d�vti-i� /� 6 q- �-l8 9 , ��v ,nv�'r�
�!/i�Y� ,��L�Nq�S .
The Permanent Index Number, Common Address and Legal information provided has been verified as follows:
DuPage County Records/Research Room: (630-682-7398) Contact Person: �
Date called: ! Z �' � — z �v
I verify that the information provided above is accurate.
k ,�r. N��E"L�� �f C�/'TA��''i �`� a�. �� J �y /v�
Printed Name Signature
___�--�------------�—u--,—e.m-.
Date: Relationshi�to Applicant: �
DO NOT WRITE IN TNIS SPACE-FOR OFFICE USE ONLY
Legal Description Review
Corrections Required Yes No
Approved By: Date
Variation Packet-2/4/2008�
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COttiAFAIINITY ASSC7GI.A7IC}N
OAK€iA�E}if,1CL[NOIS 5f?523
.Tan:uary ?�i, 2�1Q
I�Ir. Basit i''�. �3ai�
1�7 A.shrfc�i;d�.ane
�Testrr�4z�t, Illin�is 645��
Re: 1'ro�asec�—��w Cnns��uc�i�n
L�t 1"�t�. 2"79- �0 :�i��stc�� Dr�-i���
Brc���Fvrest Subdivisi�n
Dear Mr. �ai�,
Th�Brcrok ��rest�o�����unity A;ssaczatior�has revie����c1 a��d f�u�d��o objr�ctio��
to the hc�n��4�rners r�quest fc�r a variarice {front �nd si�e�n�rear�=ai•d se�vack)
�c�r tl�e:l�o�ne �t 10 �in�st�n Cc�ua-t '
k?le�s� feel free to c�ntact tn� should yau ha�� at�y ��u�st�c�n.
` cerely,
�
C��nnis M, �ru� °
�'raz and c�n be�aaif o �e: '
A.rchit��tuz•al Revi�w Comm�tt�e
�c; Az-chitect�ara� Caziamx�t��
I.,t�t Fil€: 27�
Villag� of C�al�. €3rac�l�
C)ak f�:Uate Prc�perties, Ina 211 k�'.Chica�c��ver�ue,Suzt� 1fl Hinsdale 1160a2}--�i3{�-323-Rf�1C1
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Front Set Back Encroachment East Set Back Encroachrr�ent
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� �-. 10 Kingston Dr.
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� - , Oak Brook, 1L 60523 �
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-������ ���«�-��F� �t� �� � �� r� �� �� � � � ������eek� g var�at�on for Area of Encroachment
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�� Rear Side Set Back Encroachment