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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 W `9` -40N 7Q� as to Form: Village Attorney Published Date Paper Not Published %X OF 0,1 • • v B VILLAGE OF OAK BROOK W ca � e 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 �p 9 o s s O y G O A ? 9c�C0UN14 \��\ 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 sc• e' 4 co 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 � C 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 . I J • t � LD 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 • v� OF 044, • • �a ego � o O y G •r .O 9C�COUNT� \��\ 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 jv? X90 � AI G �0OUNT4 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 •�lf� -now EM io- ham. .. �. �....�"M�� yN �~•r,`rG;. ,r �a o ', « .;.y ice,, ., � 4,� n ,,w ,^•,'_��, •Y 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 2 /vE OF 044, P ego � o 8 O y G �A I gcPCOUNTV 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 — I Q,U4� I C- o u F2 n! a E 0 7 ri 14 K !d = 13 Is Y - - 13 Yoe k 2 *se We Coy O A - I= OF t SON , w� � 14 PROP UBjECT 11 11 ,e�pca "2 20'y� S Z7 Z9 31 TZ ERT ry r)'.14 IS �,.tw� u Y t w I is .a 2" 15 1 M 30 ' �� 9 1 43 4t. Iy 7 IZ Z 7 2 SI SO vrppOS 3i P� AF b �� o, o I '94 41 731 4 • 'i 34 39 37 r °0 3G i u 9b1 7u o }ORKSH RE ,3 033 w..3o 7 r 16 11 °v s st zt is is 13 2nZ7 Y N a, se! 73a 1 2 3 17 Is" 4 w000w�ooa ow InIll 10!94 7 ism— 1308 Isis Wo 1 /�0yy 3�0 Zoo too li I'm 3 t Y ¢ESEE40 R ill )919 zoo( / c� Wo O a4� O.KC fdAY �/ Len >- STAr!,Y ck� h *Note: The map provided is only an approximation of the area in question and is intended to be used only as a visual aid to determine 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) �e.Zdning Oid(nerice of the VNaga of thk Brook.IAlndsr.OrcJr a'.� �•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 NtNrest' r of the,Nod*eM 0uertee .Sectl dmen Re t 3lTNonhr Range'*t.EastCf:the Third PdndPal'M 24°.1954.as xer bel had to ilia P.7Wthereof recorded on ;ume[ItWumb 7177g21n'DuBage Couray;:lllinds:Penn ar ax tJumber 02ngapptovel a tredstlon to the required 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 :.. Raicehaaortl;n Bdaes hm'the Mil ADA,;Coordi- dot;at'80:83 posWe re the.meetrg rte: 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 . • �P 9 �d VILLAGE OF OAK BROOK O y G 0 ` Village Board Transmittal Memorandum A V 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 • r, 't 1• c r ' t I eY g ' Y -AV�If,Fr eisC 1 ! i I 1 !-i TYA° �i 4yy S v", d �r AJ.,K��f YN _. YMe 'k FWut ,1 t 14 if1 px 1��4,-f�.1 9 fiY�'.Y �1i ! Y,S� fy� +(M• }g,f• a.G�?7 f'*>:�"c Fwwr. 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CM LII�AP116 CITY IA1tOi lw I o i i 4 i 4' 6i WOODGLYN ' WOODGLYN < Lli U ctn—txF z Z Q J > J aO 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' -- z 0 COVERED PORCH °z L�EIE �ZJ �Jm CL'O OOF- OJI_ _ JIB LL OO KON V mum WZ 1�[n< SHEET F195T FLOOR PLAN SCALE: 114' 1'-0' � 2 , 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