S-1048 - 08/12/2003 - VARIATION - OrdinancesORDINANCE 2003- ZO -V -S -1048
AN ORDINANCE GRANTING A VARIATION FROM THE
PROVISIONS OF SECTIONS 13 -6C -3F(1) AND 13 -6C- 3 -F(3)
OF TITLE 13 ("ZONING REGULATIONS ") OF THE VILLAGE CODE
OF THE VILLAGE OF OAK BROOK RELATIVE TO
FRONT AND REAR YARD SETBACK REQUIREMENTS
(1715 York Road, Oak Brook, IL 60523/P I N 06 -24- 203 -007)
WHEREAS, an application has been filed requesting a variation from the provisions of Sections
13- 6C -3F(1) and 13- 6C- 3 -F(3) of Title 13 ( "Zoning Regulations ") of the Village Code, which requires a
forty foot (40') front yard setback and a forty foot (40') rear yard setback, to permit the construction of a
single family home which would have a twenty point ninety -two foot (20 92') front yard setback and a
twenty -five foot (25') rear yard setback on the property commonly known as 1715 York Road, Oak Brook,
Illinois, legally described below, and
WHEREAS, a public hearing of such application has been conducted by the Zoning Board of
Appeals of the Village of Oak Brook on July 1, 2003 pursuant to due and appropriate legal notice, and
WHEREAS, the said Zoning Board of Appeals made explicit findings of fact that the variation
requested conforms to the standards set forth in Sections 13- 6C -3F(1) and 13- 6C- 3 -F(3) of the Village
Code, noting that the non - conforming structure on the subject property had been destroyed by a fire, and
WHEREAS, the Village President and Board of Trustees concur with the recommendations and
findings made by the Zoning Board of Appeals,
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows.
Section 1 That the provisions of the preamble hereinabove set forth are hereby adopted as
though fully set forth herein.
Section 2 That a variation is hereby granted from the provisions of Section 13- 6C -3F(1) of the
Village Code of the Village of Oak Brook to permit construction of a home and allow a front yard setback
of twenty point ninety -two feet (20 92')
Section 3 That a variation is hereby granted from the provisions of Section 13- 6C -3F(3) of the
Village Code of the Village of Oak Brook to permit construction of a home and allow a rear yard setback
of twenty -five feet (25), provided that the existing trees on the property shall be retained and the new
home shall be constructed in substantial conformance with the plans, consisting of sheet A -1, as last
revised on June 6, 2003, incorporated herein by reference
Section 4- That this Ordinance is limited and restricted to the property known as 1715 York
Road, Oak Brook, Illinois, which property is legally described as follows
LOT 1 IN FIPPINGER'S SUBDIVISION, BEING A SUBDIVISION OF PART OF THE
SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 39 NORTH, RANGE
11 EAST OF THE THIRD PRINCIPAL MERIDIAN, REFERENCE BEING HAD TO THE PLAT
STATE OF ILLINOIS )
SS.
COUNTIES OF COOK AND DUPAGE )
I, Linda K. Gonnella, do hereby certify that I am the duly elected and acting
Village Clerk of the Village of Oak Brook,DuPage and Cook Counties,Illinois.
I DO FURTHER CERTIFY that on August 12, 2003 the corporate
authorities of the above municipality passed and approved
Ordinance 2003-ZO-V-S-1048 ,
AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTIONS 13-6C-3F(1)
AND 13-6C-3-F(3) OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE CODE
OF THE VILLAGE OF OAK BROOK RELATIVE TO FRONT AND REAR YARD SETBACK
REQUIREMENTS (1715 York Road, Oak Brook, IL 60523/P.I.N. 06-24-203-007)
I DO FURTHER CERTIFY that the original documents, of which the
annexed copy is a true copy, is entrusted to my care for safekeeping and I am the
keeper of the same.
I DO FURTHER CERTIFY that I am the keeper of the records, journals,
entries, resolutions, or 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 15thday of August ,2003
IX
�
,, ���;�_� � Linda K. Gonnella, CMC
r� xy=�L � Village Clerk
Village of Oak Brook
4 ®Q�' DuPage and Cook Counties, IL
cOUN .��
J.P. "RICK" CARNEY
DUPAGE COUNTY RECORDER
AUG.28,2003 11:35 AM
OTHER 06-24-203-007
004 PAGES R2003-340361
(Above Space For Recorder's Office Only)
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, Illinois 60523-2255
RECORDED DOCUMENT TITLE PAGE
Title of Document ORDINANCE 2003-ZO-V-S-1048 AN ORDINANCE GRANTING A VARIATION
FROM THE PROVISIONS OF SECTIONS 13-6C-3F(1) AND 13-6C-3-F(3) OF TITLE 13 ("ZONING
REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO
FRONT AND REAR YARD SETBACK REQUIREMENTS (1715 York Road, Oak Brook, IL 60523/
P.I.N. 06-24-203-007)
Property Address/es 1715 YORK ROAD, OAK BROOK, IL 60523
(If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.)
Pin/s Number 06-24-203-007
Name &Address of Applicant ZAMIR U. SIDDIQI, 1715 YORK ROAD, OAK BROOK, IL 60523
Name &Address of Responsible ZAMIR U. SIDDIQI
Party to Receive Recorded 1715 YORK ROAD
Document and Billing: OAK BROOK, IL 60523
G/L Account#to be Charged 10-1365
Prepared By: Village of Oak Brook Return To: Village of Oak Brook
1200 Oak Brook Road 1200 Oak Brook Road
Oak Brook, Illinois 60523 Oak Brook, Illinois 60523
Name &Address of Recipient
of Consideration (when applicable): N/A
G/L Account#to be Charged
8 B. 1) Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin,Miologos and Yusuf.
Nays: 0 -None.
Absent: 0 -None. Motion carried
2) RESOLUTION 2003 AP-R-855, "A RESOLUTION OF RES 03-AP-R-855-
RES OF APPRECIATION—WILLIAM WALSH" A -
WILLIAM AM W ALS ALSH
Motion by Trustee Craig, seconded by Trustee Yusuf, to pass Resolution
2003 AP-R-855, "A Resolution of Appreciation for William D. Walsh"
who has faithfully and with dedication and distinction served his country
and the State of Illinois. ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Yusuf.
Nays: 0 -None.
Absent: 0 -None. Motion carried
President Quinlan recognized Police Sgt. Jason Cates and Officer John
Jacobs for their participation in the Walsh memorial services.
President Quinlan announced that an official plaque will be given to the
Walsh family.
3) ORDINANCE 2003-TC-RR-G-727, "AN ORDINANCE AMENDIN G ORD 03-TC-RR-G-
727-AMEND
SCHEDULE VII ("PARKING PROHIBITED AT ALL TIMES ON SCHDLE VII PRKG
CERTAIN STREETS") OF SECTION 7-2-1 ("TRAFFIC PROHIB -
SCHEDULES") OF TITLE 7 ("MOTOR VEHICLES AND CANTERBERRY LN
TRAFFIC"), OF THE VILLAGE CODE OF THE VILLAGE OF OAK
BROOK."
Pursuant to Board direction, the ordinance prepared prohibits parking on
Canterberry Lane where."no parking"signs are posted.
Motion by Trustee Yusuf, seconded by Trustee Korin, to approve
Ordinance 2003-TC-RR-G-727, "An Ordinance Amending Schedule
VII ("Parking Prohibited At All Times on Certain Streets") of Section 7-
2-1 ("Traffic Schedules") of Title 7 ("Motor Vehicles And Traffic"), of
the Village Code of the Village of Oak Brook." ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Yusuf.
Nays: 0 -None.
Absent: 0 -None. Motion carried.
4) RDINANCE 2003-ZO-V-S-1048, "AN ORDINANCE GRANTING A ORD 03-ZO-V-S-1048
- VAR ZNG REG -
VARIATION FROM THE PROVISIONS OF SECTIONS 13-6C-3F(1) FRNT & REAR YRD
AND 13-6C-3F(3) OF TITLE 13 ("ZONING REGULATIONS") OF SETBACK-1715 YK
THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RD
RELATIVE TO FRONT AND REAR YARD SETBACK
REQUIREMENTS."—SIDDIOI— 1715 YORK ROAD
VILLAGE OF OAK BROOK Minutes Page 7 of 11 August 12, 2003
Z4
8• B. 4) Pursuant to Board direction, the ordinance grants front and rear setback
variations with conditions to allow construction of a single-family home
at 1715 York Road.
Motion by Trustee Aktipis, seconded by Trustee Caleel, to approve
Ordinance 2003-ZO-V-S-1048, "An Ordinance Granting a Variation
From the Provisions of Sections 13-6C-3F(1) and 13-6C-3F(3) of Title
13 ("Zoning Regulations") of the Village Code of the Village of Oak
Brook Relative to Front and Rear Yard Setback Requirements." ROLL
CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Yusuf.
Nays: 0 -None.
Absent: 0 -None. Motion carried.
5) ORDINANCE 2003-ZO-V-S-1049, "AN ORDINANCE GRANTING A ORD 03-ZO-V-S-1049
- VAR ZNG REG -
VARIATION FROM THE PROVISIONS OF SECTION 13-6C-3F(1) FRNT YRD
OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE SETBACK - 3
CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO FRONT HAMPTON DR
YARD SETBACK REQUIREMENTS." — BARATH — 3 HAMPTON
DRIVE
Pursuant to Board direction the ordinance grants a front yard setback
variation to allow construction of a room addition which follows the
existing building setback at 3 Hampton Drive.
Motion by Trustee Aktipis, seconded by Trustee Caleel, to approve
Ordinance 2003-ZO-V-S-1049, "An Ordinance Granting A Variation
From The Provisions of Section 13-6C-3F(1) of Title 13 ("Zoning
Regulations") of the Village Code of the Village of Oak Brook Relative
to Front Yard Setback Requirements." ROLL CALL VOTE:
Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Yusuf.
Nays: 0 - None.
Absent: 0 -None. Motion carried.
6) ORDINANCE 2003-ZO-TA-G-728, "AN ORDINANCE AMENDING ORD 03-ZO-TA-G-
728,AMEND
SECTION 13-3-6B ("ACCESSORY USES AND STRUCTURES.- SECTION 13-3-613
PERMITTED IN REQUIRED YARDS") OF TITLE 13 ("ZONING TITLE 13-FENCE
REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF STNDRDS.
OAK BROOK RELATIVE TO FENCE STANDARDS."
Pursuant to Board direction the ordinance amends the text of the zoning
ordinance to prohibit chain link fencing except in limited circumstances.
VILLAGE OF OAK BROOK Minutes Page 8 of 11 August 12, 2003
ORDINANCE 2003-ZO-V-S-1048
AN ORDINANCE GRANTING A VARIATION FROM THE
PROVISIONS OF SECTIONS 13-6C-3F(1)AND 13-6C-3-F(3)
OF TITLE 13("ZONING REGULATIONS")OF THE VILLAGE CODE
OF THE VILLAGE OF OAK BROOK RELATIVE TO
FRONT AND REAR YARD SETBACK REQUIREMENTS
(1715 York Road, Oak Brook, IL 60523/P.1. N. 06-24-203-007)
WHEREAS, an application has been filed requesting a variation from the provisions of Sections
13-6C-3F(1) and 13-6C-3-F(3) of Title 13 ("Zoning Regulations") of the Village Code, which requires a
forty foot (40') front yard setback and a forty foot (40') rear yard setback, to permit the construction of a
single family home which would have a twenty point ninety-two foot (20.92') front yard setback and a
twenty-five foot(25') rear yard setback on the property commonly known as 1715 York Road, Oak Brook,
Illinois, legally described below; and
WHEREAS, a public hearing of such application has been conducted by the Zoning Board of
Appeals of the Village of Oak Brook on July 1, 2003 pursuant to due and appropriate legal notice; and
WHEREAS, the said Zoning Board of Appeals made explicit findings of fact that the variation
requested conforms to the standards set forth in Sections 13-6C-3F(1) and 13-6C-3-F(3) of the Village
Code, noting that the non-conforming structure on the subject property had been destroyed by a fire; and
WHEREAS, the Village President and Board of Trustees concur with the recommendations and
findings made by the Zoning Board of Appeals;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as
though fully set forth herein.
Section 2: That a variation is hereby granted from the provisions of Section 13-6C-3F(1) of the
Village Code of the Village of Oak Brook to permit construction of a home and allow a front yard setback
of twenty point ninety-two feet(20.92').
Section 3: That a variation is hereby granted from the provisions of Section 13-6C-3F(3) of the
Village Code of the Village of Oak Brook to permit construction of a home and allow a rear yard setback
of twenty-five feet (25'), provided that the existing trees on the property shall be retained and the new
home shall be constructed in substantial conformance with the plans, consisting of sheet A-1, as last
revised on June 6, 2003, incorporated herein by reference.
Section 4: That this Ordinance is limited and restricted to the property known as 1715 York
Road, Oak Brook, Illinois,which property is legally described-as follows:
LOT 1 IN FIPPINGER'S SUBDIVISION, BEING A SUBDIVISION OF PART OF THE
SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 24,TOWNSHIP 39 NORTH, RANGE
11 EAST OF THE THIRD PRINCIPAL MERIDIAN, REFERENCE BEING HAD TO THE PLAT
• Ordinance 2003-ZO-V-S- 1048
Granting Variation from Sections
13-6C-3F(1)and(3)
(Siddigi) Page 2 of 2
THEREOF RECORDED ON MAY 24, 1954 AS DOCUMENT 717792, IN DUPAGE COUNTY,
ILLINOIS. P.I. N. 06-24-203-007
Failure to complete construction of the home described in Sections 2 through 4 within two years
from the date of passage of this ordinance shall render this variation null and void without further notice or
action by the Village.
Section 5: That this ordinance shall be in full force and effect from and after passage and
approval pursuant to law.
PASSED THIS 12th day of August , 2003.
Ayes: Trustees Aktipis, Caleel, Craig, Korin. Miologos and Yusuf
Nays: Non
Absent: Nn„,.
Abstain:
APPROVED THIS 12th day of August , 2003.
is 044, Village Presi nt
IN
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as to Form:
Village Attorney
Published
Date Paper
Not Published %X
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VILLAGE OF OAK BROOK
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Village Board Transmittal Memorandum
A u
UNT
DATE: August 6, 2003
SUBJECT: Siddiqi Front and Rear Yard Setback Variations
FROM: Richard A. Martens,Village Attorney
RECOMMENDATION: That the Village Board pass the attached Ordinance which grants a
variation from the provisions of Sections 13-6C-3F(1) and 13-6C-3-
F(3) of Title 13 ("Zoning Regulations") of the Village Code of the
Village of Oak Brook relative to Front and Rear Yard Setback
Requirements.
Pursuant to your direction, I have drafted the attached Ordinance which grants front and rear setback
variations to allow construction of a single-family home at 1715 York Road. Please note the
conditions set forth in Section 3 of the Ordinance.
I understand that you will consider this Ordinance at your regular meeting on August 12, 2003.
WORDDOC/BOARD MEMOS/Slddigl
7 OA. SIDDIQI-1715 YK
RD-VAR TTL 13-
SIDDIQI — 1715 YORK ROAD — VARIATION — TITLE 13 OF THE zNG ORD-
VILLAGE CODE — ZONING ORDINANCE — CHAPTER 13-6C-3F(1) FRNT/RRSETB KS
AND (3) — FRONT AND REAR SETBACKS TO ALLOW
CONSTRUCTION OF A SINGLE FAMILY HOME
Zoning Board of Appeals Recommendation - Variation - The Zoning
Board of Appeals by a vote of 7 to 0, have recommended approval of the
request from Zamir and Sureya Siddiqi, the owners of the property at 1715
York Road for a variation to Sections 13-6C-3-F(1) and 13-6C-3-F(2) of the
Zoning Ordinance to permit the construction of a new home on the property.
The existing home was destroyed by fire earlier in 2003 and cannot be
repaired because of its nonconforming status.
To address concerns raised by the neighboring property owners, the
applicant has agreed to modify his request to locate the new home an
additional ten feet to the west, thus increasing the rear setback from 15 to 25
feet, and providing sufficient room to keep the existing large trees on the
property. With this modification, the front yard would be reduced to 20.92
feet.
Specific conditions attached to the Zoning Board recommendation include:
The construction of the new home and preservation of the existing trees
on the property shall be in substantial conformance with the revised
plans as submitted.
In making this recommendation, the Zoning Board found that the applicant
had satisfactorily addressed the factors as required by the Zoning Ordinance
(including hardship) for approval of a variation. In particular, it was found
that the existing conditions of the property (i.e., lot size and configuration)
combined with the fact that the existing home was destroyed by fire, results
in the property having little or no value as a residential lot without approval
of the requested variations.
Motion by Trustee Aktipis, seconded by Trustee Caleel, to concur with the
recommendation of the Zoning Board of Appeals and authorize the Village
Attorney to draft the necessary ordinance for consideration at the August 12,
2003 meeting. VOICE VOTE: Motion carried.
B. BARATH — 3 HAMPTON DRIVE - VARIATION — TITLE 13 OF THE BARATH-3
HAMPTON DR-
VILLAGE CODE — ZONING ORDINANCE — CHAPTER 13-6C-3F(1) — VAR TTL 13 zNG
FRONT YARD SETBACK TO ALLOW CONSTRUCTION OF A ROOM ORD-FRNT YD
ADDITION SETBK
VILLAGE OF OAK BROOK Minutes Page 4 of 12 July 22, 2003
OF 04't B
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Village of July 10, 2003
Oak Brook
1200 Oak Brook Road Village President Quinlan and Board of Trustees
Oak Brook,IL 60523-2255 Village of Oak Brook
Website 1200 Oak Brook Road
www.oak-brook.org
Oak Brook, IL 60523
Administration
630.990.3000
FAX 630.990.0876 SUBJECT: Siddiqi— 1715 York Road—Variations
Community Dear President Quinlan and Board of Trustees:
Development
630.990.3045
FAX 630.990.3985 At its meetings on June 3, and July 1, 2003, the Zoning Board of Appeals
reviewed a request from Zamir and Sureya Siddiqi, the owners of the property at
Engineering 1715 York Road, for a variation to the front yard along Wood Glen Lane and rear
Department and to accommodate the construction of a new single-family wen
630.990.3010 y dwelling.
FAX 630.990.3985
The existing one-story home, which was moved to the lot in the 1950's, has a
Fire Department current front yard setback of 30.92 feet and a current rear yard setback of 12 feet.
630.990.3040
FAX 630.990.2392 Earlier this year, the home was destroyed by fire.
Since the lot encompasses 12,647 square feet, and is approximately one-half the
Police Department
630.990.2358 25,000 square foot minimum lot size in the R-3 Residential District, the variations
FAX 630.990.7484 are necessary to accommodate any new construction.
Public Works Regarding the request made at the June 3, 2003 meeting, the 40-foot front yard
Department
630.990.3044 setback requirement of the Ordinance would be reduced to 30.92 feet while the
FAX 630.472.0223 40-foot rear yard setback would be reduced to 15 feet.
Oak Brook Several people provided testimony regarding the request. A number of concerns
Public Library were raised with respect to the following: the lot was too small to accommodate
the proposed home; the location of the new home from the rear property line of
600 Oak Brook Road the adjacent homes; the fact that the applicant wants to replace the existing one-
Oak Brook,[L 60523-2200 adjacent p g
630.990.2222 story home with a two-story home; and potential loss of existing trees that would
FAX 630.990.4509 result from the construction of a new home.
Oak Brook Sports Core Based on the concerns raised at the initial public hearing, the matter was
continued. At the second meeting, the applicant agreed to locate the new home an
Bath&Tennis Club
700 Oak Brook Road additional ten feet to the west, thus increasing the rear setback from 15 to 25 feet,
Oak Brook,IL 60523-4600 and providing sufficient room to keep the existing large trees on the property.
630.990.3020 With this modification, the front yard would be reduced to 20.92 feet. However,
FAX 630.990.1002
due to the presence of a significant landscaped area (discarded right-of-way) that
Golf Club is located between the Siddiqi property and Wood Glen Lane, the distance
2606 York Road between Wood Glen Lane and the westernmost wall of the proposed new home is
Oak Brook,IL 60523-4602 in excess of 123 feet.
630.990.3032
FAX 630.990.0245 /jib
July 10, 2003
President Quinlan and Board of Trustees
RE: Siddiqi— 1715 York Road—Variation
Page 2
By a vote of 7 to 0, the Zoning Board of Appeals recommended approval of the requested
variations to permit the construction of a new home subject to the following conditions:
1. The construction of the new home and preservation of the existing trees on the property
shall be in substantial conformance with the revised plans (page 10 of the case file) as
submitted.
In making this recommendation, the Zoning Board found that the applicant had satisfactorily
addressed the factors as required by the Zoning Ordinance for approval of a variation. In
particular, it was found that the existing conditions of the property (i.e., lot size and
configuration) combined with the fact that the existing home was destroyed by fire, results in the
property having limited value as a residential property without approval of the requested
variations.
Very truly yours,
10VE A A IJA
Champ Dav'
Chairman
Plan Commission
�G6�J
—oel
i
ORDINANCE 2003-ZO-V-S-1048
AN ORDINANCE GRANTING A VARIATION FROM THE
PROVISIONS OF SECTIONS 13-6C-3F(1)AND 13-6C-3-F(3)
OF TITLE 13("ZONING REGULATIONS")OF THE VILLAGE CODE
OF THE VILLAGE OF OAK BROOK RELATIVE TO
FRONT AND REAR YARD SETBACK REQUIREMENTS
(1715 York Road, Oak Brook, IL 60523/P.I. N. 06-24-203-007)
WHEREAS, an application has been filed requesting a variation from the provisions of Sections
13-6C-3F(1) and 13-6C-3-F(3) of Title 13 ("Zoning Regulations") of the Village Code, which requires a
forty foot (40') front yard setback and a forty foot (40') rear yard setback, to permit the construction of a
single family home which would have a twenty point ninety-two foot (20.92') front yard setback and a
twenty-five foot (25') rear yard setback on the property commonly known as 1715 York Road, Oak Brook,
Illinois, legally described below; and
WHEREAS, a public hearing of such application has been conducted by the Zoning Board of
Appeals of the Village of Oak Brook on July 1, 2003 pursuant to due and appropriate legal notice; and
WHEREAS, the said Zoning Board of Appeals made explicit findings of fact that the variation
requested conforms to the standards set forth in Sections 13-6C-3F(1) and 13-6C-3-F(3) of the Village
Code, noting that the non-conforming structure on the subject property had been destroyed by a fire; and
WHEREAS, the Village President and Board of Trustees concur with the recommendations and
findings made by the Zoning Board of Appeals;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as
though fully set forth herein.
Section 2: That a variation is hereby granted from the provisions of Section 13-6C-3F(1) of the
Village Code of the Village of Oak Brook to permit construction of a home and allow a front yard setback
of twenty point ninety-two feet(20.92').
Section 3: That a variation is hereby granted from the provisions of Section 13-6C-3F(3) of the
Village Code of the Village of Oak Brook to permit construction of a home and allow a rear yard setback
of twenty-five feet (25'), provided that the existing trees on the property shall be retained and the new
home shall be constructed in substantial conformance with the plans, consisting of sheet A-1, as last
revised on June 6, 2003, incorporated herein by reference.
Section 4: That this Ordinance is limited and restricted to the property known as 1715 York
Road, Oak Brook, Illinois, which property is legally described as follows:
LOT 1 IN FIPPINGER'S SUBDIVISION, BEING A SUBDIVISION OF PART OF THE
SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 39 NORTH, RANGE
11 EAST OF THE THIRD PRINCIPAL MERIDIAN, REFERENCE BEING HAD TO THE PLAT
1
®rdinance 2003-ZO-V-S- 1048
Granting Variation from Sections
13-6C-3F(1)and(3)
(Siddigi) Page 2 of 2
THEREOF RECORDED ON MAY 24, 1954 AS DOCUMENT 717792, IN DUPAGE COUNTY,
ILLINOIS. P.I. N. 06-24-203-007
Failure to complete construction of the home described in Sections 2 through 4 within two years
from the date of passage of this ordinance shall render this variation null and void without further notice or
action by the Village.
Section 5: That this ordinance shall be in full force and effect from and after passage and
approval pursuant to law.
PASSED THIS 12th day of August , 2003.
Ayes: Trustees Aktipis, Caleel, Craig, Korin, Miologos and Yusuf
Nays: Non
Absent: None
Abstain: N,,,,o
APPROVED THIS 12th day of August , 2003.
v F 0;1,,, Village Presi nt
U4
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as to Form:
Village Attorney
Published
Date Paper
Not Published XX
Of•OgKd
6v aoAl July 21, 2003
Ip yl
Mr. Gary J. Shellhorn, AIC
9 �
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Kemper Insurance
c O P P UNTV Kem Company
Village of RE: Siddiqi Residence— 1715 York Road, Oak Brook, IL 60523
Oak Brook Dear Mr. Shellhorn:
1200 Oak Brook Road
Oak Brook.IL 60523-2255
Website Over the past several months, you and I have had a number of discussions
i%�r .oak-brook.org regarding the Siddiqi residence, which was destroyed by fire in early 2003. Based
Administration on our assessment as well information shared by both you and the Siddigi's, the
630.990.3000 home was damaged in excess of 50 percent of its value.
FAX 630.990.0876
Communitv Because of the presence of a number of non-conforming issues at 1715 York Road:
Development • Lot does not meet the minimum lot size for a parcel zoned R-3 — 18,000
630.990.3045 sq.ft. The existing lot encompasses approximately 12,000 sq.ft.
FAX 630.990.3985 • The existing home does not meet either the 40-ft. rear or front yard
Engineering setbacks required for homes in the R-3 District.
Department
630.990.3010 the existing home cannot be repaired because of its non-conforming status. As
FAX 630.990.3985 such, the existing home must be demolished. Therefore, in order for the Siddigi's
Fire Department to continue to use their property, the existing home must be replaced. To do so, a
630.91)0.3040 number of variances are required.
FAX 630.990 2392
Police Department On July 1, 2003, the Oak Brook Zoning Board of Appeals completed its review of
630.990 2358 the Siddiqi case and recommended approval of the requested variations. The
FAX 630.990.7484 Village Board will consider the matter at their meeting tonight. If the Board
approves the request, the Siddiqi's will have the right to rebuild as long as the plans
Public Works conform with the approved variation.
Department
630.990.3044
FAX 6.0.472.0223 It should be noted that if the variations are not approved, the existing home cannot
be repaired. Therefore, under either scenario, the existing home must be
Oak Brook demolished. Because its presence creates a "blighted condition" with respect to the
Public Library other homes, the demolition process must be a priority matter.
600 Oak Brook Road Hopefully this addresses your questions. If you require additional information
Oak Brook. IL 60523-2200
630.91)0.2222 regarding this matter, fell free to contact me at (630) 990-2382.
FAX 630990.4509
Oak Brook Sports Core Sincerely,
iz,ENT OF COMMUNITY DEVELOPMENT
Bath&Tennis Club
700 Oak Brook Road
Oak Brook.IL 60523-4600
630.990.3020 Robert L. K , AICP
FAX 630990.1002
Director
Golf Club
2606 York Road
Oak Brook.IL 60523-4602
630.990.3032
FAX 630.990.0245
i
1
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SIDDIQI
VARIATION— FRONT
AND REAR YARD SETBACKS
INDEX
PAGE CONTENTS
14 Memorandum from Director of Community Development Kallien dated July 10, 2003
13-13a Recommendation Letter from Zoning Board of Appeals Chairman to Village Board
12-12c Zoning Board of Appeals Meeting Minutes dated Junly 1, 2003
11 Additional Review and Comment from Director of Community Development Kallien
Dated June 24, 2003
10 Revised Site Plan —with Existing Site Layout, Proposed Layout, Elevation
and Floor Plan — Dated 6/6/03 (Included — Not Attached)
9-9c Zoning Board of Appeals Meeting Minutes dated June 3, 2003
8 Pictures Submitted of the Siddiqi Property at the June 3, 2003 Zoning Board of Appeals
Meeting
7-7a 'Staff Report from Director of Community Development Kallien to Zoning Board of
Appeals dated May 28, 2003
6 Resident Letter dated May 9, 2003
5 Certificate of Publication dated May 14, 2003
4 Board of Trustees Referral Meeting Minutes dated May 13, 2003
3 Referral Memo to Board of Trustees from Director of Community Development
2 Front and Rear Yards, Zoning Ordinance, Section 13-6C-3-F (1) and (3)
1-1a Variations, Zoning Ordinance, Section 13-14-6
A Application/Petition -Variation -
B Surrounding Property Owners List
C Fee/Receipt
D Subject Property Verification
E Background Letter
F Letter of Explanation
G Applicant's Response to Standards for Variation
H Letter Given to Neighbors
I Picture of Home prior to Fire
J Pictures of Home Prior to Fire, After Fire and Concept Drawing of Proposed
Home
K Location Map of Home— Parcel 1-007
L Site Plan —with Existing Site Layout, Proposed Layout, Elevations
and Floor Plan (Included — Not Attached)
M Plat of Survey (Included — Not Attached)
d
e `a VILLAGE OF
OAK BROOK
O y
G O
Village Board Transmittal Memorandum
9c` �auaTV ��~
DATE: July 10, 2003
SUBJECT: Siddiqi— 1715 York Road—Variation—Zoning Ordinance
FROM: Robert Kallien, Director of Community Development
RECOMMENDATION: If it is your wish to move toward approval of this request, it would
be appropriate to pass a motion concurring with the
recommendation of the Zoning Board of Appeals and authorize
Attorney Martens to draft the necessary ordinance for consideration
at your August 12,2003 meeting.
Zoning Board of Appeals Recommendation
Variation - The Zoning Board of Appeals by a vote of 7 to 0, have recommended approval of the
request from Zamir and Sureya Siddiqi,the owners of the property at 1715 York Road for a variation to
Sections 13-6C-3-F(1) and 13-6C-c-F(2) of the Zoning Ordinance to permit the construction of a new
home on the property. The existing home was destroyed by fire earlier in 2003 and cannot be repaired
because of its nonconforming status.
To address concerns raised by the neighboring property owners,the applicant has agreed to modify his
request to locate the new home an additional ten feet to the west, thus increasing the rear setback from
15 to 25 feet, and providing sufficient room to keep the existing large trees on the property. With this
modification,the front yard would be reduced to 20.92 feet.
Specific conditions attached to the Zoning Board recommendation include:
1. The construction of the new home and preservation of the existing trees on the property shall be
in substantial conformance with the revised plans (page 10 of the case file) as submitted.
In making this recommendation, the Zoning Board found that the applicant had satisfactorily addressed
the factors as required by the Zoning Ordinance (including hardship) for approval of a variation. In
particular, it was found that the existing conditions of the property (i.e., lot size and configuration)
combined with the fact that the existing home was destroyed by fire, results in the property having little
or no value as a residential lot without approval of the requested variations.
BOT-Siddiqi-1715York-VAR.doc
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Village of July 10, 2003
Oak Brook
1200 Oak Brook Road Village President Quinlan and Board of Trustees
Oak Brook,IL 60523-2255 Village of Oak Brook
wer 1200 Oak Brook Road
www.oak-b-bro ok.org
Oak Brook, IL 60523
Administration
630.990.3000
FAX 630.990.0876 SUBJECT: Siddiqi— 1715 York Road—Variations
Community Dear President Quinlan and Board of Trustees:
Development
630.990.3045
FAX 630.990.3985 At its meetings on June 3, and July 1, 2003, the Zoning Board of Appeals
reviewed a request from Zamir and Sureya Siddiqi, the owners of the property at
Engineering 1715 York Road, for a variation to the front yard along Wood Glen Lane and rear
Department
630.990.3010 yard to accommodate the construction of a new single-family dwelling.
FAX 630.990.3985
The existing one-story home, which was moved to the lot in the 1950's, has a
Fire Department current front and setback of 30.92 feet and a current rear and setback of 12 feet.
630.990.3040 y y
FAX 630.990.2392 Earlier this year, the home was destroyed by fire.
Police Department Since the lot encompasses 12,647 square feet, and is approximately one-half the
630.990.2358 25,000 square foot minimum lot size in the R-3 Residential District, the variations
FAX 630.990.7484 are necessary to accommodate any new construction.
Public Works g e request Regarding th made at the June 3 2003 meeting, the 40-foot front yard
Department
630.990.3044 setback requirement of the Ordinance would be reduced to 30.92 feet while the
FAX 630.472.0223 40-foot rear yard setback would be reduced to 15 feet.
Oak Brook Several people provided testimony regarding the request. A number of concerns
Public Library were raised with respect to the following: the lot was too small to accommodate
the proposed home; the location of the new home from the rear property line of
600 Oak Brook Road the adjacent homes; the fact that the applicant wants to replace the existing one-
)ak Brook,IL 60523-2200 � � pp � ep g
630.990.2222 story home with a two-story home; and potential loss of existing trees that would
FAX 630.990.4509 result from the construction of a new home.
yak Brook Snorts Core Based on the concerns raised at the initial public hearing, the matter was
Bath&Tennis Club continued. At the second meeting, the applicant agreed to locate the new home an
700 Oak Brook Road additional ten feet to the west, thus increasing the rear setback from 15 to 25 feet,
>ak Brook,IL 60523-4600 and providing sufficient room to keep the existing large trees on the property.
630.990.3020 With this modification the front and would be reduced to 20.92 feet. However,
FAX 630.990.1002 y
due to the presence of a significant landscaped area (discarded right-of-way) that
Golf Club is located between the Siddiqi property and Wood Glen Lane, the distance
2606 York Road between Wood Glen Lane and the westernmost wall of the proposed new home is
lak Brook,IL 60523-4602 in excess of 123 feet.
630.990.3032
FAX 630.990.0245
/Ofs
July 10,2003
President Quinlan and Board of Trustees
RE: Siddiqi— 1715 York Road—Variation
Page 2
i
By a vote of 7 to 0, the Zoning Board of Appeals recommended approval of the requested
variations to permit the construction of a new home subject to the following conditions:
1. The construction of the new home and preservation of the existing trees on the property
shall be in substantial conformance with the revised plans (page 10 of the case file) as
submitted.
In making this recommendation, the Zoning Board found that the applicant had satisfactorily
addressed the factors as required by the Zoning Ordinance for approval of a variation. In
particular, it was found that the existing conditions of the property (i.e., lot size and
configuration) combined with the fact that the existing home was destroyed by fire, results in the
property having limited value as a residential property without approval of the requested
variations.
Very truly yours,
NOTE: Chairman Davis has reviewed and verbally approved the
content of this letter pending his signature. The signed original
will be placed in the official file upon receipt.
Champ Davis
Chairman
Plan Commission
• * DRAFT
VILLAGE OF OAK BROOK
ZONING BOARD OF APPEALS MINUTES
July 1, 2003
L CALL TO ORDER
The regular meeting was called to order at 7:32 p.m.
MEMBERS PRESENT: Chairman Champ Davis
Members Richard Ascher
George Mueller
Robert Sanford
Manu Shah
Steven Young
Ayesha Zaheer
ALSO PRESENT: Director of Community Development Robert Kallien
A quorum was present.
H. APPROVAL OF MINUTES
Member Mueller moved, seconded by Member Zaheer to waive the reading of the June 3, 2003 Regular
Zoning Board of Appeals meeting minutes and to approve them as amended.
VOICE VOTE: All in favor. Motion carried.
Ill. SIDDIQI — 1715 YORK ROAD — VARIATION — FRONT AND REAR YARD
SETBACK
Chairman Davis swore in all parties who testified.
Zamir Siddiqi, petitioner, represented himself at this hearing. He is the owner and resident of the property
located at 1715 York Road. He said that at the last meeting there were several issues that were to be
addressed at this meeting. They were as follows:
Cleanup of the property- Everything has been cleaned and the grass was cut four times in one month.
Reduction of structure height-The proposed house is less than thirty feet.
i
Relocation of rear setback—The original proposal showed the distance of house from the rear setback as
15 feet. The plan has been revised and the rear setback from the house to the property line has been
increased to 25 feet.
Chairman Davis noted that the revised plan is page # 10 of the case file. He commented that the
proposed house has now been moved farther away from the closest neighbors. The variation request for
the rear yard setback is now 25 feet.
Mr. Siddiqi noted that on the new plan the trees will not be disturbed. He said that at the last meeting, it
had been requested that the trees not be removed.
ZONING BOARD OF APPEALS Minutes July 1,2003
ZBA-MTG.2003-JUL
• * DRAFT
Chairman Davis asked the petitioner to address the standards, which are on page G of the case file.
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.
He will not be yielding a reasonable return. The house will replace a fire-damaged house.
1-b. The plight of the owner is due to unique circumstances. -
Fire damage has caused a total loss of the home resulting in unique circumstances for building a new
home.
1-c. The variation, if granted, will not alter the essential character of the locality.
The locality is residential; building a new house will be in keeping with the residential character. Since
the original house was so old, the new house will be more in keeping with the surrounding homes.
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 mere inconvenience if the strict letter of the regulation were to be carried out.
The home was the principal home for the Siddiqi family, which was destroyed by fire. Since the
insurance will only pay for the mortgage and Oak Brook does not allow new construction on his land,
he would have nothing since the land will have no value. He is 60 years old and cannot afford to buy
a new home in another location.
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.
Same as 2-a.
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.
The variation will improve the area where the previous house is located. The old structure was not in
keeping with the newer homes. Since his house has been destroyed by fire a new one will look much
better.
2-d. The proposed variation will not impair an.adequate supply of light and air to adjacent
property of substantially increase the danger of fire, or otherwise endanger the public
safety or substantially diminish or impair property values within the neighborhood.
The property values will be improved by a new home.
2-e. That the purpose of the variation is not based exclusively upon the desire to make
more money out of the property.
The variation is based on a real hardship caused by the total loss of the home due to the fire.
2-f. That the alleged difficulty or hardship has not been created by any person presently
having an interest in the property.
The hardship is real. Fire damage has caused a total loss of the home. The variation is based on
replacing the lost home and returning to the normality in their home.
Chairman Davis said that at the last meeting questions were raised, and the changes that have been
made to the plans are in response to the questions from the public.
Ildefonso Vasquez, 4 Meadowood Vasquez, said that his property backs up behind the Siddiqi property.
He said that he was at the meeting last month. He said that he brought up the statement about a "for rent"
ZONING BOARD OF APPEALS Minutes July 1, 2003
ZBA-MTG.2003-JUL 2 ,o?
• * DRAFT
sign on the Siddiqi property that is still there. He said that Mr. Siddiqi testified that the sign was for a
different property. Mr. Vasquez questioned that if he has another property where is the hardship he is
claiming. Chairman Davis responded that the hardship is not necessarily a financial hardship. Hardship
can be the way something is located on a piece of property that cannot be built upon.
Mr. Siddiqi said that he is facing the hardship of the loss of the Oak Brook home that he has been living in
for eleven years and he wants to continue living there. He said that he has a right to apply based on the
hardship.
Chairman Davis said that the other property is not at issue with the Zoning Board of Appeals.
Mr. Vasquez said that he was under the impression that hardship meant that you had nowhere to go.
Chairman Davis reviewed one of the standards for Mr. Vasquez. One of the standards is that the
particular physical surroundings, shape or conditions of the specific property involved would bring a
particular hardship on the owner as distinguished from a mere inconvenience. It does not have anything
to do with the owners finances or other properties owned by the applicant. The issue is with this particular
piece of property. Mr. Siddiqi has testified that the property was not conforming to begin with. He wants to
build a new structure since the other one burned. The lot lines will be even greater with the new structure
because he has taken into account comments from the neighbors. He has submitted new plans and has
moved the footprint. The Board will make a determination as to whether the standards have been
satisfied. It has nothing to do with his personal finances. This Board will make a recommendation to the V
Village Board. If the Village Board were to approve them, the other house would have to be torn down
and then the new construction would begin.
Director of Community Development Kallien said that he has had several conversations with the insurance
company about getting the house demolished. Mr. Siddiqi did pick up the necessary paperwork and they
have had a few discussions. There has been some confusion with the insurance, which is why the
demolition has not occurred. There were some technical issues with the insurance company in
establishing value and in terms what the insurance come would claim as a total loss versus the Village's
nonconforming language. They were under the impression that it could be repaired, and the Village had to
convince that it could not because of the nonconforming status.
Judy Beto, 3 Meadowood-Drive, said that it is a very tiny house less than 700 square feet on a very tiny lot.
Whenever you try to build something new it will have to require some variances. They realize that there is
a compromise and they appreciate the Zoning Boards concern for that and for the trees. They would hope
that if the variance is granted that they would be asked to stay and build as they say they are doing as
opposed to selling the property to someone else that might have different ideas. She sees the whole
picture as being part of the whole hardship family issue. She would hope that if the variances were
granted, that it is a whole concept.
Chairman Davis said that they cannot put any restrictions on what they can do with their home, but Mr.
Siddiqi has stated under oath that he intends to occupy the house as his principal residence.
Mr. Siddiqi said that he does not have an intention to sell.
Mr. Vasquez said that just last year the house was up for sale and he could not sell it. He said that he
offered to buy the house so that he could knock it down and enjoy the view. He does not want to build on
the land, that is what Oak Brook is all about. He said that if Mr. Siddiqi does get a variance, then his view
would be blocked, less sun, less air, and a huge monstrosity to look at.
Director of Community Development Kallien said that if the Zoning Board would recommend and the
Village Board would concur to grant a variation, the variation stays with the property. It does not go to Mr.
Siddiqi; it stays with 1715 York Road. They must live by the rules and as it is approved. The house that
he is requesting, would meet the building code and zoning code in terms of height. The only
ZONING BOARD OF APPEALS Minutes July 1, 2003
3
ZBA-MTG.2003-JUL aw
• ODRAFT
noncompliance that exists is the setback. The setback goes back to the beginning of that house originally
being placed on a lot prior to Oak Brook being a community. In today's world, if we were presented with
this case to create a lot with these dimensions, it would be his recommendation that the lot not be
approved, because it does not meet the minimum lot size and it is a very awkward shape and is very
limiting. The Zoning Board of Appeals is a recommending body, and their recommendation ultimately
would go to the Village Board for a final decision.
Aqa Siddigi, son of Zamir Siddiqi said that Mr. Vasquez stated that the house would block his sun, etc. He
said that the distance between the houses is at least 60 feet. He said that it is very far and they are
moving an additional 25 feet. He said that he does not understand Mr. Vasquez's concerns. He said that
they are preserving every tree. They are going to lose a lot of frontage, but they are doing everything that
was requested. In regards to selling the property, he said that his father wants to build a house, however,
they should not have any obligation that they would have to live there or that the house could not be sold.
Things happen and change in life.
Chairman Davis responded that the Zoning Board cannot impose any restrictions on who lives there or
whether or not it is sold.
Chairman Davis said that the standards were addressed at the last meeting. Changes were made to the
plans and the standards were readdressed at this meeting and contained in the file as item G. In view of
the testimony given as to the changes and the standards he requested a motion.
Member Zaheer moved, seconded by Member Shah that based upon the configuration of the lot, and the
previous nonconforming status of the property that the standards have been satisfied to recommend for
approval the variation as revised by the applicant.
ROLL CALL VOTE: Ayes: 7 - Ascher, Mueller, Sanford, Shah, Young, Zaheer and Davis
Nays: 0-
Absent: 0 -
Motion Carried.
IV. BARATH— 3 HAMPTON DRIVE— VARIATION— FRONT YARD SETBACK
Chairman Davis swore in all parties testifying.
Nevin Hedlund, architect on the project with an office 7985 Lake Street, River Forest along with Judith
Barath appeared before the Zoning Board of Appeals.
Mr. Hedlund said that the variation request is to gain relief for an existing condition on the site. The
existing house was built over the required 40-foot setback by 2.21 feet. They were adding a second story
to the garage to allow for a room addition to the house. They have included a diagram of the site showing
the setback as well as some photographs of the mode showing the relief they are requesting to be
granted. He showed a model of the structure to the board members.
Chairman Davis asked what was the reason for the original breach of the setback. Mr. Hedlund said that
they did not know. It was not revealed until they were going through the permit process. It was done
when the house was built and has existed for a substantial period of time.
Mr. Hedlund said that it was not discovered when the house was built. If they were to comply with the
exact setback they would have to cut the roofline that would be out of character to the existing home and
the surrounding neighborhood. It is literally like taking a knife and taking a comer of an elegant hip roof
situation. The goal of the process is to allow them to do a very conventional and handsome solution that
would be very typical to the neighborhood and to the rest of the home.
ZONING BOARD OF APPEALS Minutes July 1, 2003
4 /.I?ZBA-MTG.2003-JUL
GE OF 04r
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Village of
Oak Brook Date: June 24, 2003
1200 Oak Brook Road
Oak Brook. IL 60523-2255 To: Zoning Board of Appeals
website /
www.oak-brook.org From: Robert L. Kallien Jr., Community Development Directo
Administration
630.990.3000 Subject: Additional Review and Comment— Siddigi —Variation
FAX 630.990.0876
Community On June 3, 2003, the Zoning Board of Appeals held the required public
Development hearing on the request from Zamir and Sureya Siddiqi, the owners of the
630.990.3045 property at 1715 York Road, who have submitted a petition seeking
FAX 630.990.3985 approval of two variations in order to construct a new home. In particular,
Engineering the 40-foot front yard setback would be reduced to 30.92 feet while the 40-
Department foot rear yard setback would be reduced to 15 feet. The new home would
630.990.3010 replace the existing home which was destroyed by fire.
FAX 630.990.3985
Based on a review of the request, the Zoning Board tabled the matter to the
Fire Department July meeting to give the applicant additional time to submit additional
630.990.3040
Fax 630.990.2392 information regarding; structure height, location of large trees on the lot,
and a revised site plan moving the house 10 feet further to the west.
Police Department
630.990 2358 A revised site plan has been submitted by the applicant that addresses all of
FAX 630.990.7484 the issues identified by the Zoning Board. For your benefit, this
Public works information has been made part of the case file.
Department
630.990.3044
FAX 630.472.0223
Oak Brook
Public Library
I
600 Oak Brook Road
Oak Brook, IL 60523-2200
630.990.2222
FAX 630.990.4509
Oak Brook Sports Core
Bath&Tennis Club
700 Oak Brook Road
Oak Brook, IL 60523-4600
630.990.3020
FAX 630.990.1002
Golf Club
2606 York Road
Oak Brook,IL 60523-4602
630.990.3032
FAX 630.990.0245
V. SIDDIQI — 1715 YORK ROAD — VARIATION — FRONT AND REAR YARD
SETBACK
Chairman Davis swore in all parties testifying.
Zamir Siddiqi, petitioner, represented himself at this hearing. He is the owner and resident of the property
located at 1715 York Road. He has requested a variation to the front and rear yard setbacks, because the
house was destroyed by fire in March and they want to build another house on the lot. The new house will
be a little bigger and will beautify the area and the neighborhood. He would like to remain in Oak Brook,
because it is a nice place to raise children.
Chairman Davis said that the original house was a legal nonconforming structure. Director of Community
Development Kallien said that the lot is a non-complying lot. This lot along with the three lots south have
similar circumstances. They are all very small and the houses were moved there when the Eisenhower
Expressway was built. They are Sears homes.
Chairman Davis asked the petitioner to address the standards, which are on page G of the case file.
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.
He will not be yielding a reasonable return. The house will replace a fire-damaged house.
1-b. The plight of the owner is due to unique circumstances.
Fire damage has caused a total loss of the home resulting in unique circumstance for building a new
home.
1-c. The variation, if granted, will not alter the essential character of the locality.
The locality is residential, building a new house will be in keeping with the residential character. Since
the original house was so old, the new house will be more in keeping with the surrounding homes.
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 mere inconvenience if the strict letter of the regulation were to be carried out.
The home was the principal home for the Siddiqi family, which was destroyed by fire. Since the
insurance will only pay for the mortgage and Oak Brook does not allow new construction on his land,
he would have nothing since the land will have no value. He is 60 years old and cannot afford to buy
a new home in another location.
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.
Same as 2-a.
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.
The variation will improve the area where the previous house is located. The old structure was not in
keeping with the newer homes. Since his house has been destroyed by fire a new one will look much
better.
2-d. The proposed variation will not impair an adequate supply of light and air to adjacent
property of substantially increase the danger of fire, or otherwise endanger the public
safety or substantially diminish or impair property values within the neighborhood.
The property values will be improved by a new home.
ZONING BOARD OF APPEALS Minutes June 3, 2003
ZBA-MTG.2003-JUN `_ - •
2-e. That the purpose of the variation is not based exclusively upon the desire to make
more money out of the property.
The variation is based on a real hardship caused by the total loss of the home due to the fire.
2-f. That the alleged difficulty or hardship has not been created by any person presently
having an interest in the property.
The hardship is real. Fire damage has caused a total loss of the home. The variation is based on
replacing the lost home and returning to the normality in their home.
Chairman Davis said that the plan and layout for the new home are on Page L of the case file.
Mr. Ildefonso Vasquez, 4 Meadowood, said that his property backs up behind the Siddiqi property. He
said that the proposed house is not a slight variation to him. The house sits about 25-30 feet from his
property. He said that the garage sits about 11 feet from his property. It is his understanding that they
want to build up to where the current garage is located. He does not want to live with a house that is
located only 11 feet from him, which is one of the reasons that he moved to Oak Brook. He said that he
has wonderful neighbors on the south and north side, however, he cannot say the same for the Siddiqi's.
He said he always calls the police because there are cars all over.
Chairman Davis asked Mr. Vasquez how the proposed plan differs from where the present Siddiqi house
exists in proximity to the Vasquez home. Member Zaheer said that the present house is closer than where
the proposed house would be. Mr. Vasquez turned in some pictures for review by the board. The pictures
depicted the current state of the Siddiqi home.
Mr. Davis said that the issue raised by the pictures presented is of things that are stored behind the
garage. Mr. Siddiqi said that the things were cleaned over the weekend. Mr. Davis said that it appears
that the concern of the neighbor is that this situation would happen in the future. Mr. Siddiqi said that it
would not happen in the future.
Mr. Vasquez said that when he bought his home 11 years ago, he looked at the four homes for sale where
the Siddiqi property is located. The woman selling them told him that they were $390,000 for all four. He
said that he told her he did not want all four. He said that she told him it could not be sold as one, it could
only be sold as two lots because one lot was not big enough to build on by itself. He said that he bought
another house in the area. He asked why the Oak Brook residents need to cater to help the Siddiqi's out,
when it would not have worked for him. Chairman Davis said that the applicant is required to meet certain
standards for the Board to recommend a variation. Mr. Vasquez responded that since there was not
enough room for him to build a house on one lot on the site, why should there be room to build a house on
one lot now.
Chairman Davis questioned why there are two proposed elevations shown on the plan. Mr. Siddiqi said
that he prefers the one shown on the left.
Chairman Davis asked Mr. Siddiqi if he knew that he was prohibit from storing things out in the open on
the lot. If the request were approved, things could not be stored there. He asked what his plans were.
Mr. Siddiqi said that the area would be kept clean as it is now.
Director of Community Development Kallien said that the Village understands that the property has been
damaged by fire, however, the damaged structure must be removed. It cannot be repaired, it has gone
past the 50% rule that applies to nonconforming uses and structures. He viewed the site with a Building
Inspector, it is blight, and the structure needs to be removed. A reasonable timeframe needs to be
arranged to remove the structure.
Director of Community Development Kallien said that in reviewing the drawings, the scale is inaccurate
and appears to show a proposed structure height of over 30 feet. Director of Community Development
ZONING BOARD OF APPEALS Minutes June 3, 2003
5
ZBA-MTG.2003-JUN
Kallien said that the unique situation here is that Wood Glen Lane is to the west of the property, There is
a strip of vacant right of way in front of the property. If this property is going to be rebuilt, a variation would
be needed. It may be appropriate to move the house closer to Wood Glen Lane. He said there is no way
to put the house on the lot without creating other deficiencies. Mr. Siddiqi said that he would comply and it
would make the neighbors happy too.
Steve Beto, 3 Meadowood Drive, said that his property abuts to the northwest side of the Siddiqi property.
He said that the trash in the back was cleaned up because they were told to clean it up. There has always
been trash there, all the years that they have lived there. The neighbor's are concerned that if a variation
is granted, they could build within 12 feet of the lot line. There are overhead power cords and 3 large oak
trees that might be placed in jeopardy. The current house angles to approximately 30 feet away. The final
thing he is concerned about is that approval of this variation would open the door to the other three homes
to do the same thing, then it will impact 6 or so neighbors that have been there for a long time.
Chairman Davis said that the proposed 15 feet effects only a corner of the house. If there is a
recommendation, approval would be based on the plans submitted or modified. This does not change the
situation for everyone, the requirement is that it is a unique situation. Their argument is due to the fire. He
said that if the house were moved forward, then all of the structures would be further away from the
neighbors.
Director of Community Development Kallien noted to the neighbors that the Village is now aware of the
condition of the property and has received complaints. From a property maintenance standpoint, the
Village staff cannot just walk across someone's property and at times it is very difficult to see what is
hidden behind a house. In this instance the Village has had the opportunity to see what is there and they
will take every effort to make sure that the property is kept in conformance with the Village Code. There is
a great investment made by many people, and the Village wants that investment to be shared by all.
Mr. Beto said that as neighbors that adjoin this property, they are concerned that there would be a
devaluation of their property by allowing a variance moving the house closer to the rear. It appears that
there is more room on the property by moving the house forward to the west.
Chairman Davis said that in order for anyone else to seek a variation they would need to come forward
and show hardship and show that the situation was unique. This matter is not precedent setting that
would allow others to come in to seek the same relief.
Chairman Davis asked Mr. Siddiqi if he would agree to modify his plans. Mr. Siddiqi responded that he
would agree and he assured the Board that no trash or garbage would be outside the house in the future.
Member Zaheer said that she would like the petitioner to come back, because she would like to see
revised plans showing the new location and a correction on the structure height, so that it could be
reviewed in its final form.
Chairman Davis agreed. He said that the Board wants to make sure that the elevation is within the village
code and that there is a modification showing where the house will be placed. The proposal is to move
the house forward so that there is less of a variation in the rear of the home.
Director of Community Development Kallien said that modifying the request shows sensitivity to the
neighbors concerns.
Judy Beto, 3 Meadowood Drive said that she sympathizes with their hardship, She would like this to work
for them because they have no place to live. If the lot did not have a home existing on it, the lot would not
be buildable by Oak Brook standards. When the house is replaced, it will probably be 213 the size or
greater. Right now, the structure is very low, a new structure would be much more dense and higher, so
the character, no matter what is replaced on the site would be different. She asked the Zoning Board to
consider, if it is determined to be an unbuildable lot, that there is an alternative that the Siddiqi's be
compensated for the their land so they could move somewhere else. She said that she understands that
ZONING BOARD OF APPEALS Minutes June 3, 2003
6
ZBA-MTG.2003-JUN
•
Oak Brook has minimum standards as far as square footage and she did not believe this house could
meet that. The Siddiqi's could not improve the home as it existed, it had to burn down before they could
improve it. There may be options that would be better for everyone, financially, structurally, and
aesthetically. If that is within the power of the board, should they feel that if this land were vacant today,
they could not possibly build on it?
Director of Community Development Kallien said that for a two-story structure, the ground floor must have
1000 square feet. He will ask the architect for calculations for square footage. The variation belongs to
the property not to the individual.
Mr. Vasquez said that he understands that this is a hardship for the Siddiqi's, but he also does not want it
to be a hardship for the neighbors, who live there and live by and obey the rules.
Chairman Davis said that the board is trying to consider the neighbor's comments in reaching a fair
resolution.
Member Young asked if the house was in any way, shape or form zoned for commercial operations.
Director of Community Development Kallien responded that it was not.
Member Young asked Mr. Siddiqi if he had any plans to use the property for any type commercial
purposes whatsoever. Mr. Siddqi responded, no never. He said that he is a handyman and his son works
at Good Samaritan Hospital.
Member Young asked if he planned to run a cab company out of his home. Mr. Siddiqi said that he never
ran a cab company before, he said that his friend is a cab driver and that he used to come to his house.
Mr. Siddiqi used to drive a cab in Chicago years ago. The house was never rented, and when they have a
get together, many people come and go and they may park on the grass.
Mr. Beto said he understands that Mr. Siddiqi is a handyman, but the problem the neighbors have had is
that the debris from the work site tend to come back to the house and winds up sitting for months or years
in the back of the house. He also asked when the house would be torn down.
Mr. Siddiqi said he assured the neighbors that it would be kept clean in the future.
Chairman Davis said that the board does not have any authority to say the house should be torn down.
Mr. Siddiqi said that he would speak to his insurance company. They told him to advise when the variation
was approved.
Director of Community Development Kallien advised the neighbors that he would visit the site and if there
are some oak trees that need to be preserved, they will take that into consideration.
Member Sanford said that he visited the site, and he said that the Board cannot address the issues with
his neighbors, Mr. Siddqi will need to do that. He said that the house that is being proposed would be a
tremendous improvement over what they had.
Chairman Davis said that they would continue this matter and consider it at the next meeting.
Member Zaheer moved, seconded by Member Young to continue this hearing to the July 1, 2003 Zoning
Board of Appeals meeting.
VOICE VOTE: All in favor. Motion carried.
ZONING BOARD OF APPEALS Minutes June 3,2003
ZBA-MTG.2003-JUN �7 e
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VILLAGE OF OAK BROOK
Zoning Board of Appeals
STAFF REPORT
DATE: May 28, 2003
FILE NOS: 2002-013-VAR
DESCRIPTION: Variations are required in the front yard along Wood Glen Lane and
rear yard to accommodate the construction of a new single-family
dwelling. Since the existing home was destroyed by fire, variations
are necessary to build a new home.
PETITIONER: Zamir and Sureya Siddiqi
1715 York Road
Oak Brook, IL 60523
LOCATION: East of Wood Glen Lane,north of Woodridge Drive.
ADDRESS: 1715 York Road
ACREAGE: 12,647 square feet
EXISTING ZONING/USE: R-3 Single-Family Detached Residence District. The lot is improved
with a single-family home that was destroyed by fire.
ZONING/USE OF SURROUNDING PROPERTY:
North: R-3, Single-Family Detached Residence District, single-family
homes.
South: Same.
East: Same.
West: Same.
DISCUSSION: Mr. and Mrs. Siddiqi have submitted a petition seeking approval of
two variations in order to construct a new home. In particular, the 40-
foot front yard setback would be reduced to 30.92 feet while the 40-
foot rear yard setback would be reduced to 15 feet. The new home
would replace the existing home which was destroyed by fire.
The existing one-story home was moved to the lot in the 1950's. Due
to the lot size and configuration, the home has a front yard setback of
30.92 feet and a rear yard setback of 12 feet.
STAFF REPORT-VARIATION
SIDDiQi— 1715 YORK Roan
CASE No. 2003-013-VAR
The new two-story home proposed by the applicants will be located
on the lot so that the current front yard setback of 30.92 feet will be
used and the rear yard setback will increase from 12 to 15 feet.
Please see the materials provided by the petitioners in the case file for
a more detailed description of this request.
RESPONSIBILITIES OF HEARING BODIES:
Zoning Board of Appeals has the responsibility to hold the required
public hearing on the variation request and make a recommendation.
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 these
standards.
CONCLUSION: Based on the information provided by Staff, if it is the opinion of the
Zoning Board of Appeals that the applicant has satisfied the
applicable Ordinance requirements and factors for a variation, a
recommendation would be in order to approve this request. The
following conditions might be appropriate for inclusion in a
recommendation:
1. The development shall be in substantial conformance with the
plans as submitted.
2. Also, the Zoning Board of Appeals is authorized to
recommend additional conditions as they see fit.
Respectfully Submitted,
Robert L. Kallien,Jr., CP
Director of Comm 'Development
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Village of
Oak Brook May 9,2003
1200 Oak Brook Road
Oak Brook,IL 60523-2255
Website Dear Resident:
www.oak-brook.org
Administration The Zoning Board of Appeals and the Village Board will be considering a Variation at the
630.990.3000 meetings as scheduled on the reverse side of this notice.
FAX 630.990.0876
The application has been filed by: Zamir and Sureya Siddiqi
Community 1715 York Road
Development Oak Brook,IL 60523
630.990.3045
FAX 630.990.3985
The property in question is located at: 1715 York Road
Engineering
Department Relationship of applicant to property: Owner
630.990.3010
FAX 630.990.3985 Also shown on the reverse side of this notice is a map*of the area to assist you in determining
Fire Department your relationship to the property in question.
630.990.3040
FAX 630.990.2392 The request that has been made is as follows:
Police Department The petitioner is seeking approval of a variation to the required front and rear
630.990.2358 yard setbacks to permit the construction of a new home on the property. The
FAX 630.990.7484 original home existed on the property for over 40 years was destroyed by fire.
Public Works If you desire more detailed information, please contact the Community Development
Department Department at 630-990-3045 to review the file on this application. I look forward to your
630.990.3044
FAX 630.472.0223 attendance at the public meetings.
Oak Brook Sincerely,
Public Library
COMMUNITY DEVELOPMENT DEPARTMENT
600 Oak Brook Road
Oak Brook,IL 60523-2200
630.990.2222
FAX 630.990.4509 —
Robert L. Kallien, .
Oak Brook Sports Core Director
Bath&Tennis Club
700 Oak Brook Road RLK/gp
yak Brook,IL 60523-4600
630.990.3020
FAX 630.990.1002
Golf Club
2606 York Road
Dak Brook,IL 60523-4602
630.990.3032
FAX 630.990.0245
Siddiqi-1715 York Road-VAR.res 60
In accord with the provisions of the American with Disabilities Act, any individual who is in need of a
reasonable accommodation in order to participate in or benefit from attendance at the public meeting
should contact Michael Crotty,the Village's ADA Coordinator, at 630-990-5738 as soon as possible before
the meeting date.
All meetings are held in the Samuel E. Dean Board Room of the Oak Brook Village Hall, 1200 Oak Brook
Road, (31st Street),Oak Brook,Illinois.
Zoning Board Of Appeals......................................................7:30 P.M.,Tuesday, June 3, 2003
Board Of Trustees Meeting..............................................7:30 P.M., Tuesday, June 24, 2003**
**Tentative
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your relationship to the property.
Siddiqi-1715 York Road-VAR.res • •
CERTIFICATE OF PUBLICATION
Paddock Publications, Inc.
Dail y Herald
Corporation organized and existing under and by virtue of the laws of the State of Illinois,
DOES HEREBY CERTIFY that it is the publisher of the DAILY HERALD.
That said DAILY HERALD is a secular newspaper and has been circulated daily in the
Village(s) of Addison, Bloomingdale, Carol Stream, Glendale Heights, Glen Ellyn,
Itasca, Keeneyville, Lisle, Lombard, Medinah, Naperville, Oak Brook, Oakbrook Terrace,
Roselle, Villa Park, Warrenville, Wayne, West Chicago, Wheaton, Winfield, Wood Dale
County(ies) of DuPage
and State of Illinois, continuously for more than one year prior to the date of the first
publication of the notice hereinafter referred to and is of general circulation throughout said
Village(s), County(ies) and State.
I further certify that the DAILY HERALD is a newspaper as defined in "an Act to revise
the law in relation to notices" as amended in 1992 Illinois Compiled Statutes, Chapter 715,
Act 5, Section 1 and 5. That a notice of which the annexed printed slip is a true copy, was
published May 14, 2003 in said DAILY HERALD.
IN WITNESS WHEREOF, the undersigned, the said PADDOCK PUBLICATIONS, Inc.,
has caused this certificate to be signed by, this authorized agent, at Arlington Heights,
Illinois.
iEidbli6 Hearing )*r
meE is R�EeY dpM,that a public headn before't a t+;ia
r�B�oerdofAppeetsnt-the.umegeofoalremwt P-agem in r
cCoutdtes impois„va11 be heW on June 3,2003 3Q P•
�_50523.fortheses Ha'e of coneidenng the ep lcatlond,2:m r
Su -S qT"�`�grTldi ' °a`B`° "' '°`a PADDOCK PUBLICATIONS, INC.
91ion;asprovlde�'underTltlel3 Sedionl3-BC3•F(1)end(9)
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�•G-6oes��d DAILY HERALD NEWSPAPERS
he-property ma be'generelfl/descdbedwas 1715 York Road
Brook n�nas�OS23:wnb the leget.desodptlan as follows, .
of1.h, era subdivision;beingasubdivislZontPert
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d red ter t, noh the oonstrltetlon of a new BY
tt end rearyard.eelbadm• pe
re on the r»^v A thorized Agent
�Ie on toe-prof idn.to be heard will be etftirded an apponuhity
do'-so and may:submd their;statemer>>s orelly or imwriof or
h;The Maybe recessed to another date If nod bme i
J:place thereof is publidy announced at the-hem 9 s�e•
newspaper pu$.,katlorr not lase than flue(5) YB P
to of-the roceseed one of the American with Disabilihes
In accord with the Prom "'a"°n T3023445
t.any mdrvrdual wha is in need of a reasoheble accomrn Control #
order to padicipate•In or bsnafit*m attendance at Chia public p
99y{r9 shoed coruaet
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Raicehaaortl;n Bdaes hm'the Mil ADA,;Coordi-
dot;at'80:83 posWe re the.meetrg
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Th Pandoners:aPPlication is.on rile wdi,the VIIIege Clerk and.
dh the Director of Community:Developmend.Persons wishing to
famine the petltlon doCumerrts m to do
sow Atlrthe Di-
ctorof Commurl Development R�rt1',!L 1. illage of Oak y
rode,1201)Oak;_rook Road.'dek Breok'IL 80523,telephone f
30.980.3045
inda Gonneha
p Wished st the dredlon af:.the Coryorate Aulhodties and tFta
�mg.BOantof:Appeals of the ViAege d Oak Brook AuPage and k
Cou i 55 ..
alai ed.initheAeiiy Herald.Msy14._20a(30233.14) un' mad+-:c •
5. A. APPROVAL OF BILLS - $924,819.11 APVL OF BILLS-
$924,819.11
Significant items included above:
1) Water Resources, Inc. —Payout#2 —Automated Meter Reading Project
- $74,900.00
2) DuPage Water Commission $183,888.94
B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING APRIL 26 APVL PYRL-
2003 - $625,470.16 $625,470.16
C. CHANGE ORDERS: None CHNGE ORDRS
1J,/tC GFERR ALS: REFERRALS
6IDDIOI— 1715 YORK ROAD—VARIATION TO TITLE 13 1715 YK RD-VAR
ZONING ORDINANCE—REFER TO THE ZONING BOARD OF zNC ORD
APPEALS MEETING OF JUNE 3, 2003
E. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE BDS,PROPS.,NEG
CONTRACTS: None cTRCTs
F. APPROVAL OF REQUEST FOR RELEASE OF FUNDS -OAK BROOK RLS FNDS-OB
HTL,CONV&VIS
HOTEL, CONVENTION AND VISITORS COMMITTEE — 20% OF THE CTE TO DP CONV
2003 FIRST QUARTER HOTEL TAX RECEIPTS TO THE DUPAGE &vIs BURS-
CONVENTION & VISITORS BUREAU IN THE AMOUNT OF $13,538.71
$13,538.71
G. APPROVAL OF PLAT OF ABROGATION—3006 COOLIDGE STREET PLT OF ABROGTN
—LOT 1 OF KEEHN'S SUBDIVISION 3006 COOLIDGE ST
H. RECEIVE AND PLACE ON FILE COMPREHENSIVE ANNUAL ANN FIN RPT&
FINANCIAL REPORT AND MANAGEMENT LETTER MNGMNT LTR
I. APPROVE FIVE-YEAR EXTENSION TO SPECIAL USE S-919- ExTND SPEC USE-
S919-
CHRIST CHURCH OF OAK BROOK CHRC COAST
HRCH OF OB
J. APPROVE "LOCAL AGENCY AGREEMENT FOR FEDERAL IDbTAGRMNT-
YK RD BIKE RD
PARTICIPATION" FOR THE YORK ROAD/HARGER ROAD BIKE /HR
BICYCLE/PEDESTRIAN PATH
K. CONSTRUCTION ENGINEERING SERVICES AGREEMENT FOR ENG SERV
AGRMNT-YK
FEDERAL PARTICIPATION—YORK ROAD/HARGER ROAD RD/HRGR RD BIKE
BICYCLE/PEDESTRIAN PATH PATH
VILLAGE OF OAK BROOK Minutes Page 3 of 15 May 13, 2003
Oq,f.B . •
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` Village Board Transmittal Memorandum
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F�OUNT'i \
DATE: May 6, 2003
SUBJECT: Referral—Siddigi— 1715 York Road
Variation—Title 13 —Zoning Ordinance
FROM: Robert Kallien—Director of Community Development
We have received an application from Mr. Zamir U. Siddiqi, the owner of the home located at 1715
York Road requesting approval of variations to Sections 13-6C-3-F(1) and 13-6C-3-F(3) of the Zoning
Ordinance to permit the construction of a new home on the property. The original home, which has
existed on the property for over 40 years was destroyed by a fire earlier this year.
Please refer this request to the Zoning Board of Appeals for public hearing at its June 3, 2003 meeting.
rlk
BOT-Referral-siddigi-1715York Road-VAR.doc 34
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
(1/2) 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 thirty feet(30') and not more than two and one-half(2
1/2) stories.
2. Institutional And Other Nonresidential Uses: Not more than forty five feet(45').
E. Ground Floor Area Per Dwelling:
1. One Story: Not less than one thousand five hundred (1,500) square feet.
2. Bi-Level: 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 under permitted accessory uses in subsections 13-6A-1B and D of
this Chapter, yards shall be provided as follows:
1. 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').
2. Side: Not less than twelve feet(12') in depth, except: a) a side yard abutting a street shall
be not less than forty feet(40') in depth; b) 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 foot of
structure height over thirty feet(30'); c) side yards abutting York Road and Cermak Road
shall have a depth of not less than one hundred feet (100').
i 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, 12-14-1976)
�i
13-14-5 • 13-14-6
on notice to the officer from whom the appeal is taken, and on due
cause being shown.
C. Processing:
1. An appeal shall be filed with the Village Clerk. The Village Clerk
shall forward the appeal to the Zoning Board of Appeals for
processing in accordance with the Illinois Compiled Statutes.
2. The Zoning Board of Appeals shall fix a reasonable time for the
hearing of the appeal and give due notice thereof to parties and shall
decide the appeal within reasonable time. The Board may reverse or
affirm, wholly or partly, or may modify the order, requirement or
decision or determination as in its opinion ought to be made on the
premises and to that end has all the powers of the official from whom
the appeal is-taken.
D. Decisions: All decisions, after hearing of the Zoning Board of
Appeals on appeals from an administrative order, requirement,
decision or determination of the Director of Community Development
or other authorized official of the Village, shall, in all instances, be
final administrative determinations and shall be subject to judicial
review only in accordance with applicable statutes of the State. (Ord.
G-60, 3-22-1966)
13-14-6: VARIATIONS:
VAR1�:IONS
A. u ority: The Board of Trustees shall decide all applications for
variations of the provisions of this Title after a public hearing held
before the Zoning Board of Appeals on such notice as shall be
required by the Illinois Compiled Statutes. The Zoning Board of
Appeals shall hold public hearings upon all applications for variations
and shall report 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 variation only where it
shall have made findings of fact specifying the reason or reasons for
recommending the variations. Such findings shall be based upon the
standards prescribed in subsection D of this Section. 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
ordinance with the favorable vote of two-thirds (2/3) of the Trustees.
Village of Oak Brook
13-14-6 • 0 13-14-6
B. 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 having a freehold -interest, a
possessory interest entitled to exclusive possession, a contractual
interest which may become a freehold interest, or any exclusive
possessory interest applicable to the land, or land and improvements
described in the application for a variation.
C. 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 and one copy to the Board of
Trustees.
D. Standards:
1. The Zoning Board of Appeals shall not recommend a variation of
the provisions of this Title as authorized in this Section unless it
shall have made findings of fact based upon the evidence presented
to it on the following specific issues that:
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.
b. The plight of the owner is due to unique circumstances.
c. The variation, if granted, will not alter the essential character
of the locality.
2. For the purpose of. supplementing the above standards, the
Zoning Board of Appeals, in making the determination whether there
are practical difficulties or particular hardships, shall also take into
consideration the extent to which the following facts, favorable to the
applicant, have been established by the evidence that:
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 regulation were to be carried
out.
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.
Village of Oak Brook
13-14-6 • 13-14-7
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.
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.
e. That the purpose of the variation is not based exclusively
upon a desire to make more money out of the property.
f. That the alleged difficulty or, hardship has not been created by
any person presently having an interest in the property.
3. The Zoning Board of Appeals may recommend and the Board of
Trustees may require such conditions and restrictions upon the
premises benefitted by a variation as may be necessary to comply
with the standards set forth in this Section to reduce or minimize the
injurious effect of such variation upon other property in the
neighborhood, and to implement the general purpose and intent of
this Title.
E. 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 construction of residences in other than
residence districts; nor authorizing other than single-family detached
residences in the R1 , R2, R3 and R4 Districts.
F. Reapplications: Any person having been denied a variation to the
provisions of this Title respecting a specific parcel of property may
not reapply for a like variation on said real property until the period
of one year has elapsed since the denial of the application for
variation by the Village President and Board of Trustees. (Ord. G-60,
3-22-1966; Ord. G-137, 9-14-1971)
13-14-7: PLAN COMMISSION JURISDICTION': The Plan Commis-
sion of the Village, which has been duly established with
1. See Title 2, Chapter 1 of this Code for the Planning Commission.
Village of Oak Brook
• i
t t R Sl X r '"rx j Mt
°'° �
Q �� �K BRQOK
Ta 1 1204 OA ►°Blnl�K RFOa'b
.-
g s OAK BROOK,`IL :60523'
45
'OECOUTy•`y�.t 630-990-30
N
PETITION APPUCATION for
PUBLIC HEARING
ZONING ORDINANCE: ❑ APPEAL ($300) VARIATION ($750)
❑ AMENDMENT ($750) ❑ SPECIAL USE ($750)
STORMWATER ORDINANCE: ❑ SPECIAL USE ($675)
APPLICANT TO COMPLEfE Norc; ALL APPLICATIONS ARE TO IE RECENED,BY THE DIRECTOR OF COMMUNITY
t)EVELOP MENT�ANI)4AFTERAN INITIALREVIEW WILL BE•FILED WITH THE VILLAGE CLERK.
LOCATION OF
SUBJECT PROPERTY 1 715 'YORK Ed.Wk'BrcnAl PERMANENT PARCEL NO*.0 6 -24- 2o3 - 00
LOT NO.�_ SUBDIVISION EI PPI KJG ER S LEGAL ADDRESS*
ZONING DISTRICT 9- 3 ZONING ORDINANCE SECTION
ACTION REQUESTED_FIRE="nF-,TRoy6fl uou_ E T-:Ey_ir R:�/ TN1WC, WE WA 'r M RE BUILT ,A
BETTER 4 LtTTLtr BIG 9FR FloclSP -REOurg- -INr A PERMISSION Fog VARIAN To
RF Buir_-n A LtTTr F RIGCER I�QUje,'_Tl4EN1 W Not M w1 BEALISlEyL.7#4C±ini4E0RwnCQ
PROPERTY INTEREST OF APPLICANT: OWNER CONTRACT PURCHASER AGENT
OWNER S) OF RECORD�'�_�I R U,. S yonl o I & 63Q)S 3b_7p p�;y
( SI J��� PHONE
ADDRESS 1 7.15 YORK RnAD—CITY AKMR n K STATE IL ZIP G,n 5
BENEFICIARY(IES)OF TRUST PHONE
ADDRESS CITY STATE ZIP
NAME OF APPLICANT(and Billing Information) ZAM j IR 11 �i nnio I PHONE 630 5.�7OQ�`
ADDRESS_1 715 ,/b e E RJ CITY QA&:�Rgook' STATE_1L .— ZIP 6!o523
I (we)certify that all of the above statements and the statements contained in any papers or plan submitted herewith are true to the best of
my(our) knowledge and belief. In addition to the above fees,applicant agrees to reimburse the Village for ublication costs within 30 days of
billing,
Signature of Applicant Date Signature of Applicant Date
DO NOT WRITE IN THIS SPACE—FOR OFFICE USE ONLY o�
Date Filed '7��(iQ� Fee Paid$ /J�'� Receipt No. Received By
Board of Trustees(Referral) 3/03 Notice Published �D Newspaper Daily Herald Adj.Property Owners Notified —o
PUBLIC HEARING DATES: Plan Commission Zoning Board of Appeals
Board of Trustees „ �O 3 'Board of Trustees _ -I 12Y103
(Approval of Ordinance)
SIGNED-VILLAGE CLERK Q— `e%! G✓� Date 1Z ti3
5 APP-RESIDENTIAL VARIATION 12-0
NAMJ�S OF 8URR0UNDIN6 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 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 they appear from the authentic tax records of this County within 30 days of
the filing of this application. Provide a mailing label for each Property Owner listed.
NoteThe,people on this list will be notified by mail with the information about your request and the.meeting schedule.
ryaka,.. ,
NAME OF PROPERTY OWNER ADDRESS OF PROPERTY OWNER PROPERTY ADDRESS
vi v
i 'YORK
1ao39 _
RFTO T
K
(Attach additional sheets if necessary)
`See Item#2 of Submittal Documents Guideline
APP-RESIDPNnAL VARIATION 12.02
6
ZAMIR U. SIDDIQI 11-so 10900 2 415
1715 S YORK RD.
OAKBROOK, IL 60521
Date � O
,1.\1�2J
be ome I $ 750, o
O Dollars 8
RMKCONE.
Bank One.NA r-
CNaOo.IM-W.e0l70
'wwr.oen ...� 7
1:0 7 10000 131: T
238611911' 2415
CHECK S CHECKS $ CASH INV It DATE NAME G.L.ACCOUNT. DESCRIPTION
NUMBER
INVALID
VILLAGE OF OAK BROOK SIGNATURE
WITHOUT
DEPARTMENT OF COMMUNITY DEVELOPMENT B 15 510
e
1200 OAK BROOK ROAD
r OAK BROOK, ILLINOIS
c
PHONE: (630)990-3045
7<�
RETAIN THIS RECEIPT
FOR YOUR RECORDS
(fu
Subject Property Verification
(Complete a separate form for each P.I.N.)
1. Permanent Index Number (P.I.N. from Real Estate Tax Bill): 06 24 203 007
I
2. Common Address: 1715 YORK ROAD, OAKBROOK, IL 60523
3. Type the Complete Legal Description Below. (Attach a separate page if longer than the area provided)
SCHEDULE :A:
LOT 1 IN FIPPINGER'S SUBDIVISION, BEING A SUBDIVISION OF PART OF
THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24,
DOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIAL MERIDIAN,
REFERENCE BEING HAD TO THE PLAT THEREOF RECORDED ON MAY 24, 1954
,AS DOC NO 717792 IN DUPAGE COUNTY, ILLINOIS
TAX KEP NO 06-24-203-007-0000
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: 6� 7&^„ a
DuPage County Recorder's Office: (630-682-7200) Contact Person:
Date called:
DuPage County Clerk's Office— Revenue Department: (630-510-3376) Contact Person:
Date called:
verify that the information provided above is accurate.
ZAMIR 11 . IDDJQ-1
Printed Name Signature
Date: Z4-14 -03 Relationship to Applicant:
APP-RESIDENTIAL VARIATION 12-02 D�
7
Village Board
Zoning Board of Appeals
Mr.Robert L. Kallien,JR.A.I.C.P.
Director of Community Development
Village of Oakbrook
1200 Oakbrook Rd
Oakbrook
RE:Variance Request
Dear Sir,
I have been living here with my family for the last twelve years,in a nice
peaceful neighborhood.My kids have grown up here,and unfortunately a fire has
destroyed our home.We lost everything in the fire.We would like to rebuild the
house better than before,so the house can beautify the existing neighborhood
Because of our land shape,we are in Hardship.It will be very difficult to
build anything on this lot size.I am humbly requesting a permission for variance to
built a little bigger house so we could live for a long time in this beautiful
neighborhood.
So please grant we the permission to rebuild the house to start a new and
peaceful life.Thank you
Sincerely,
ZANUR S DIQI
1715 YORK ROAD
OAKBROOK,IL 60523
PHONE: (630)530-7005
ZAMEER SIDDIQI
1715 York Road—Oakbrook, Illinois 60521
To[: 630-530-7005
April 14, 2003
Village of Oakbrook
Oakbrook, IL 60521
Attn: Zoning Board
Ladies and Gentlemen:
Early last month my family was devastated with the fire at our home on York
Road, Which displaced my children and grand children,we are currently renting an
apartment in Elmhurst until we can rebuild our home. However as you know the
existing dwelling does not meet any current zoning code.The existing front yard is
approximately 31', the rear at its shortest point is approx 12'+ (please refer to the
Existing site layout on sheet Al).As you can see due to the irregular shape of the lot it
is very difficult to confrom the current zoning code.
In order to rebuild my home 1 will need a variation to the current zone code to allow
the construction of a single family dwelling.The proposed placement of the new
dwelling will be same on the front as on existing dwelling.The right side wilt be 12.5'
and the left will actually increase from 47'to over 57'. The rear will increase to 15'at
its shortest point.These dimensions are from the property line to the roof overhang.
But as you maybe aware the actual property access is from Woodglyn Lane and the
property line from the Woodglyn Lane is approximately 103'at midpoint of the lot.
The property line from York Road curb is 100'.,Please refer to a copy of the attached
master plan.Therefore actual dimension from York Road to the proposed:dwelling roof
overhang is actually 177'from the same midpoint.Thus,'the proposed roof overhang
Is actually well over 200'at midpoint of the'lot from York Road.Because of this
unusual configuration the proposed placement of the home will not give an awkward
impression.We believe the secluded,serene look will be maintained.
The Physical characteristics of the lot and location has created the situation where
a decent size single family cannot be constructed without encroaching on front and
rear lot.The intent of this request is to achieve a decent single family home that will
maintain character of the neighborhood and will be harmonious with surrounding
properties.This proposed dwelling will also will bring closure to the displacement of my
family due to the fire.
We respectfully request a favorable ruling in this matter. Please call or write if you
have questions, comments or need additional information.
Respectfully submitted,
.. F
t
Zameer Siddiqi
ZS
Fe
..........
•
Zamir Siddiqi
1715 York Road, Oak Brook
(630-530-7005)
S T A N D A R D
(a) I will not be yielding reasonable return.
House will replaced fire damaged house.
(b) Fire damage has caused total loss of home
resulting in unique circumstance for building a new home.
(c) Locality is residential, building of new house will be
in keeping with residential character. Since original house
was a so old the new house will be more in keeping with
surrounding homes. _
(2) Home destroyed by fire was a principal home for the SIDDIQI
family, Since the Insurance will only pay for the mortgage
and since normally Oak Brook does not allow new construction
on my land, I would have nothing since the land will have
no value. I am 60 years old and can not afford to buy a new
home in another location.
( ) Variation will improve area which this house is currently
located. Old structure was not in keeping with newer home.
Since my house has been destroyed by fire a new one will
look much.better.
(d) Property value will be improved by newer home.
(e) Variation is based on hardship caused by total loss of
home due to fire.
(f) Hardship is real, Fire damage has cause total loss of home.
Variation is base on replacing lost home and returning to
normality in own home.
I
Dear neighbors,
I have been living here with my family at 1715 York Rd. for the last twelve
years, in a nice peaceful neighborhood. My kids have grown up here, and
unfortunately a fire has destroyed our Dome. We lost everything in the fire. We
would like to rebuild the house better than before, so the house can beautify the
existing neighborhood.
Because of our land shape,we are in hardship. It will be very difficult to
build without going for the variance to rebuild a little bigger house so we could live
for a long time in this beautiful neighborhood.
I am applying for variance to build a better home in place of our old farm
house.Please come and support me at the hearing. You would be receiving the
invitation letter from the city of Oakbrook for the hearing. I request you to please
come and support me.
Sincerely,
Z R SIDDIQI
1715 YORK ROAD
OAKBROOK,IL 60523
PHONE: (630) 530-7005
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This map was created fw assessment Purposes only.Please refer to the recorded lets or deeds for the
L7, r' ecAlel IcvI detscrlptions and pmnertydirrenra; p
DATE 01-1q-03
DRAWN er'roaA
PROJECT 0 0328
REVISED_
12
ARCHITECTURAL SHINGLES--� �S
❑ __ 12 12
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EBE!EJEEEEM8® — -----—_ — — — _
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ALTERNATE FRONT ELEVATION FRONT ELEVATION
'i SCALE: 3/16' - 1'-0'
SCALE: 3/15' - 1-0'
158�9
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fi LING v/CEATTACHEO /- i SKI
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YORK ROAD ENTRY TO YORK ROAD ENTRY TO
WOODGLYN WOODGLYN
EXISTING 51TE LAYOUT_ NoRrH PROP05ED LAYOUT NoRrH SHEET
SCALE: 1' -20'-0" SCALE: 1' =20'-0' 6i
THIS IS AL SET ONLY-SEE PLAT OF SURVEY THIS IS LAYOUT SETBACK,-SEE PLAT I!ION AN
FOR ACIllAI SETBACK,lE6Al DESCRIPTION AND FOR ACTUAL SETBACK,LEGAL DESCRIPTION ANO
CONDITION. CONDITION.
OF 2
I -
i
--------------------------------------------------
-- -•
BATH-1 -
ATTIC BATH-2
OPEN LOFT — CLOSET
t / 16'0x19'+
WO-14R
BEDROOM-1 -
- 20'x14'
STUDY/DEN BEDROOM-2 SQUARE FOOT TABULATION
19'X22'
19'6x14'6 FIRST FLOOR LIVING- 1,125 SQ.FT.
SECOND FLOOR LIVING- 1,532 SQ.FT.
—TOTAL LIVING- 2,657 SQ.FT.
GARAGE- G21 SQ.FT.
OPEN LOFT UNFINISHED BASEMENT- S,O1G SQ.FT.
ATTIC CLOSET ATTIC
ROOF BELOW
---- -------- ----- t
— --— DECK
23._3. 14._B. - .- -0
—� -
LINE OF SECOND FLOOR
S E C O N D F LOO R P L A N CANTILEVER ABOVE
mn m
SCALE 114'
OW
_ BREAKFAST/KITCHEN FAMILY RM.
TI-
21'6x12'6 15'6x13'
OAS LOG
FIREPLACE
GARAGE ..
LAUNDRY --{�,
= PANTRY
------------
----
W. o. i : ----------
BATH 1
COAIS
GARAGE GLEST
DINING RM.
14'6x11'
— UP-14R SIDDIRI RES.
FOYER LIVING RM.
14'x14'
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SCALE: 114' 1'-0'
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,
1
Ordinance 2003- ZO -V -S- 1048
Granting Variation from Sections
13- 6C -3F(1) and (3)
(Siddip) Page 2 of 2
THEREOF RECORDED ON MAY 24, 1954 AS DOCUMENT 717792, IN DUPAGE COUNTY,
ILLINOIS. P.I N.06 -24- 203 -007
Failure to complete construction of the home described in Sections 2 through 4 within two years
from the date of passage of this ordinance shall render this variation null and void without further notice or
action by the Village.
Section 5 That this ordinance shall be in full force and effect from and after passage and
approval pursuant to law
PASSED THIS 12th day of August , 2003
Ayes Trustees - Aktipis, Caleel, Craig, Korin, Miologos and Yusuf
Nays None
Absent: Non P
Abstain None
APPROVED THIS 12th day of August , 2003 �1
a
\r, vr I ;i
as to Form
Village Attorney
Published
Date
Not Published
Paper