S-1201 - 08/14/2007 - ZONING - Ordinances1
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I' EAM 6.II.
AGENDA ITEM
Regular Board of Trustees Meeting
of
August 14, 2007
SUBJECT: Fence Variation -- Brittwood Creek Subdivision
FROM: Peter M. Friedman, Acting Village Attorney
BUDGET SOURCE/BUDGET IMPACT: None
RECOMMENDED MOTION: I move to pass Ordinance S -1201, An Ordinance Granting a
Fence Variation from the Provisions of Section 13 -3 -6B of Title 13 (Zoning Regulations) of the
Village Code of the Village of Oak Brook.
Background/History:
Per recommendation of the Zoning Board of Appeals, the President and Board of Trustees have
directed the Acting Village Attorney to draft this Ordinance which requests a variation from the
provisions of Section 13 -3 -6B to permit construction of a solid fence between eight (8) and nine
(9) feet in height for the property known as Brittwood Creek, a parcel of approximately 57 acres
located at the southeast corner of Route 83 and 35th Street.
Recommendation:
I recommend that Ordinance S -1201 be considered for passage.
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Village of
Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523 -2255
Website
www.oak- brook.org
Administration
630 368 5000
FAX 630 368 5045
Community
Development
630 368 5101
FAX 630 368 5128
Engineering
Department
630 368 5130
FAX 630 368 5128
Fire Department
630 368 5200
FAX 630 368 5250
Police Department
630 368 8700
FAX 630 368 8739
Public Works
Department
630 368 5270
FAX 630 368 5295
Oak Brook
Public Library
600 Oak Brook Road
Oak Brook, IL 60523 -2200
630 368 7700
FAX 630 368 7704
Oak Brook Sports Core
Bath & 'Tennis Club
700 Oak Brook Road
Oak Brook, IL 60523 -4600
630 368 6420
FAX 630 368 6439
Golf Club
2606 York Road
Oak Brook, IL 60523 -4602
630 368 6400
FAX 630 368 6419
March 28, 2008
Brittwood Creek LLC
Attention. Ms. Laura Aniballi
900 Oakmont Lane, Suite 110
Westmont, IL 60559
Re: Recorded Documents for Brittwood Creek Subdivision on February
28, 2008:
RESOLUTION 2007- ZO- SD- FP -EXI -R -988
R2008- 032025
BRITTWOOD CREEK FINAL PLAT OF SUBDIVISION
R2008- 032026
ORDINANCE 2007- ZO- SD -V -S -1201 y0o'
R2008- 032027
SUBDIVISION IMPROVEMENT AGREEMENT
R2008- 032028
DECLARATION OF STORMWATER FACILITIES
R2008- 032029
DECLARATION OF COVENANTS
R2008- 032030
Vacant Land - Southeast Corner of Rte. 83 & 35`h Street
Oak Brook, Illinois 60523
PIN #06 -35 -301 -014, 06 -35- 301 -015 & 06 -35- 301 -016
Dear Ms. Aniballi:
Copies of the above noted recorded documents are enclosed for your information. These
are important records and should be retained in a secure area within your files.
If you need any further assistance in this matter, feel free to contact me at 630 - 368 -5056
on Monday through Friday from 9am to 5pm.
Sincerely,
)'�n 0-01-11-r
�./
Linda M. Andrys
Records Management Clerk
/lma
Enclosures
cc: Dale L. Durfey, Jr., Village Engineer
Robert L. Kallien, Jr., Director of Community Development
Official Files
/RECDOC /2008 - RECLTR- SD- FP- BRITTWOOD CREEK - VACANT LAND -SE CORNER RTE 83 & 35TH ST
roll
FRED BUCHOLZ
DIIPpGE COUNTY NECOflOEfl
FEB-2812008 4:12 PM
OTHER 06 -35 -301 -010
007 PAGES H2008- 032027
(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 2007- ZO- SD -V -S -1201 AN ORDINANCE GRANTING A
FENCE VARIATION FROM THE PROVISIONS OF SECTION 13 -3 -613 OF TITLE 13 (ZONING
REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
Property Address /es VACANT LAND - SOUTHEAST CORNER OF ROUTE 83 AND 35T" STREET
(If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 )
OAK BROOK, ILLINOIS 60523
Pin /s Number 06 -35- 301 -014, 06 -35- 301 -015 AND 06 -35- 301 -016
Name & Address of Applicant: BRITTWOOD CREEK LLC
900 OAKMONT LANE, SUITE 110, WESTMONT, IL 60559
Name & Address of Responsible BRITTWOOD CREEK LLC /ATTENTION: LAURA ANIBALLI
Party to Receive Copy of 900 OAKMONT LANE, SUITE 110
Recorded Document and Billing. WESTMONT, IL 60559
G/L Account # to be Charged: 10 -1365
Prepared By: Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
Name & Address of Recipient
of Consideration (when applicable):
G/L Account # to be Charged:
Return T Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
/A
�-7
ORDINANCE 2007- ZO- SD -V -S -1201
AN ORDINANCE GRANTING A FENCE VARIATION FROM THE
PROVISIONS OF SECTION 13 -3 -6B OF
TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE
OF THE VILLAGE OF OAK BROOK
(A parcel of approximately 57 acres, located at the Southeast Corner of
Route 83 and 35th Street, Oak Brook, Illinois 60523)
PIN's 06 -35- 301 -014, 06 -35- 301 -015, and 06 -35- 301 -016
WHEREAS, Brittwood Creek, LLC ( "Applicant') is the owner of certain real property located in
the Village of Oak Brook and legally described on the attached Exhibit A ("Property'), and
WHEREAS, the Applicant desires to subdivide the Property to create the Brittwood Creek
subdivision, which subdivision shall consist of 30 lots, and requests a variation from Section 13 -3 -613 of
the Village Code (Accessory Uses /Permitted in Required Yards) to allow for construction of a solid fence
between eight and nine feet in height along the western boundary of the Property parallel to Route 83 and
along portions of the north and south boundaries of the Property; and
WHEREAS, a public hearing on the application was conducted by the Zoning Board of Appeals of
the Village of Oak Brook on June 25, 2007, pursuant to due and appropriate legal notice, and
WHEREAS, the Zoning Board of Appeals made explicit findings of fact that the variation
requested conforms to the standards set forth in Sections 13 -14 -6D and 13 -3 -613 of the Village Code, 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 The foregoing recitals are incorporated into, and made a part of, this Ordinance as the
findings of the Village President and Board of Trustees
Section 2. A public hearing to consider the application was duly advertised on or before June
7, 2007 in the Daily Herald, and was held by the Village of Oak Brook Zoning Board of Appeals on June
25, 2007 On June 25, 2007, the Zoning Board of Appeals recommended approval of the requested
variation
Section 3 A variation is hereby granted from the provisions of Section 13 -3 -613 of the Village
Code of the Village of Oak Brook to permit construction of a solid fence between eight and nine feet in
height along the western boundary of the Property parallel to Route 83 and along portions of the north
and south boundaries of the Property, in substantial conformance with the locations identified on the final
plat of subdivision for the Property as approved by the Village President and Board of Trustees
Section 4 The fence shall be constructed of earth -tone Trex material and in substantial
conformance with the SoundWall/Wood Fence Exhibit prepared by Engineering Resource Associates,
Inc and included at page I of the case file, and the buffer detail and elevations prepared by Ives /Ryan
Group and included at pages J and K of the case file
Section 5 In the event that the Forest Preserve District removes vegetation from their property in
order to install a pedestrian /bike path, causing the fence to become visible from Route 83, the Brittwood
Ordinance 2007- ZO- SD -V -S -1201
Granting Fence Var
Bnttwood Creek Sbdvsn
(S.E. Comer Rt 83 & 35`h St,
Oak Brook, IL 60523 - (06- 35-301 -014,
06 -35- 301 -015, 06-35-301-016
Page 2 of 5
Creek Homeowner's Association, or such other homeowner's association as may be established to
govern the Property, shall purchase, plant, and maintain in healthy condition, according to best
horticultural practices, ivy -type vegetation that would grow along the exterior portions of the fence facing
Route 83.
Section 6: Prior to the issuance of any building permit for installation of any portion of the
fence, the Applicant shall have received approval of the Village Engineer of a final engineering plan in
accordance with all applicable laws and regulations.
Section 7: The Property shall comply at all times with all applicable federal, state and Village
statutes, ordinances, resolutions, rules, codes, and regulations, including building, electrical, and fire
prevention codes. Notwithstanding the exhibits contained in the case file, the Property shall be in
compliance with all Village ordinance requirements in the building permit process except as specifically
varied or waived.
Section 8: This Ordinance is limited and restricted to the Property, as legally described in
Exhibit A.
Section 9: All ordinances or parts of ordinances in conflict with this Ordinance are hereby
repealed to the extent of the conflict.
Section 10- Upon failure or refusal of the Applicant or any of its officers, employees, or agents,
to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the variation
granted in this Ordinance shall, at the sole discretion of the President and Board of Trustees of the
Village, by ordinance duly adopted, be revoked and become null and void.
Section 11: The privileges, obligations and provisions of each and every section of this
Ordinance are for and shall inure to the benefit of and shall run with and bind the Property, unless
otherwise explicitly set forth in this Ordinance.
Section 12: Nothing in this Ordinance shall create, or shall be construed or interpreted to create,
any third party beneficiary rights
Section 13: This Ordinance shall be in full force and effect from and after its passage, approval
and publication as required by law.
APPROVED THIS 14th day of August, 2007.
PASSED THIS 14th day of August, 2007
Ordinance 2007- ZO- SD -V -S -1201
Granting Fence Var
Brittwood Creek Sbdvsn
(S E Corner Rt 83 & 35th St,
Oak Brook, IL 60523 - (06 -35- 301 -014,
06 -35- 301 -015, 06 -35- 301 -016)
Page 3 of 5
Ayes Trustees Carson, Kennedy Manofsky, Sanford and Wolin
Nays
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Absent Trustee Sai ed
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ATTEST
Charlotte K Pruss
Village Clerk
Ordinance 2007- ZO- SD -V -S -1201
Granting Fence Var
Brittwood Creek Sbdvsn
(S E Corner Rt. 83 & 35th St,
Oak Brook, IL 60523 - (06 -35- 301 -014,
06 -35- 301 -015, 06 -35- 301 -016)
Page 4 of 5
EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1: THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35 (EXCEPT THE
EASTERLY 450 0 FEET OF THE NORTHERLY 500 FEET THEREOF AND ALSO EXCEPT THAT
PART OF PARCEL 1 DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHEAST CORNER
OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 35, THENCE
NORTH 01 DEGREES 09 MINUTES 00 SECONDS WEST ALONG THE EAST LINE OF SAID
SOUTHWEST QUARTER, A DISTANCE OF 170 41 FEET, THENCE SOUTH 46 DEGREES 16
MINUTES 30 SECONDS WEST, A DISTANCE OF 240 47 FEET TO A POINT ON THE SOUTH LINE
OF THE NORTHEAST QUARTER OF SAID SOUTHWEST QUARTER; THENCE NORTH 88
DEGREES 12 MINUTES 14 SECONDS EAST ALONG SAID LAST DESCRIBED LINE, A DISTANCE
OF 170 41 FEET TO THE POINT OF BEGINNING) ALL IN TOWNSHIP 39 NORTH, RANGE 11, EAST
OF THE THIRD PRINCIPAL MERIDIAN, IN DU PAGE COUNTY, ILLINOIS
PARCEL 2: THAT PART OF THE SOUTHEAST '1/4 OF THE SOUTHWEST 1/4 OF SECTION 35,
TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4 OF
SECTION 35,THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SOUTHWEST 1/4, A
DISTANCE OF 299 6 FEET FOR A POINT OF BEGINNING, THENCE CONTINUING WEST ALONG
SAID SOUTH LINE OF SAID SOUTHEAST 1/4, A DISTANCE OF 1025 02 FEET TO THE
SOUTHWEST CORNER OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35,
THENCE NORTHERLY ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST
1/4, A DISTANCE OF 1327 68 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST 1/4 OF
THE SOUTHWEST 1/4 OF SECTION 35,THENCE EASTERLY ALONG THE NORTH LINE OF SAID
SOUTHEAST 1/4. A DISTANCE OF 930.18 FEET TO THE NORTHWEST CORNER OF LOT 1, IN THE
CENTER OF A CREEK, IN PIERCE RICHARDSON'S SUBDIVISION, ACCORDING TO THE PLAT
THEREOF RECORDED AS DOCUMENT NO 903280, THENCE SOUTHERLY ALONG THE
WESTERLY LINE OF SAID LOT 1, BEING ALSO THE CENTERLINE OF A CREEK, THE FOLLOWING
8 COURSES AND DISTANCES 1) THENCE SOUTH 11 DEGREES 09 MINUTES EAST, A DISTANCE
OF 21 77 FEET, 2) THENCE SOUTH 76 DEGREES 35 MINUTES 30 SECONDS EAST, A DISTANCE
OF 78.66 FEET, 3) THENCE SOUTH 29 DEGREES 15 MINUTES 30 SECONDS WEST, A DISTANCE
OF 41 82 FEET, 4) THENCE SOUTH 17 DEGREES 46 MINUTES 30 SECONDS EAST, A DISTANCE
OF 1 -10 97 FEET, 5) THENCE NORTH 81 DEGREES 46 MINUTES 39 SECONDS EAST, A DISTANCE
OF 35 71 FEET, 6) THENCE SOUTH 19 DEGREES 40 MINUTES WEST, A DISTANCE OF 25 79
FEET, 7) THENCE SOUTH 25 DEGREES 41 MINUTES EAST, A DISTANCE OF 47 97 FEET, 8)
THENCE SOUTH 22 DEGREES 35 MINUTES WEST, A DISTANCE OF 45 49 FEET TO A CROSS IN
THE CENTER OF BRIDGE OVER SAID CREEK, AT THE NORTHWEST CORNER OF A TRACT OF
LAND DESCRIBED AND KNOWN AS LOT 2 IN TESTS SECOND PLAT OF SURVEY, RECORDED AS
DOCUMENT NO. 656333, THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 2,
BEING ALSO THE CENTERLINE OF A CREEK, THE FOLLOWING SEVEN COURSES AND
DISTANCES 1) THENCE SOUTH 30 DEGREES 11 MINUTES WEST, A DISTANCE OF 49 80 FEET,
2) THENCE SOUTH 00 DEGREES 26 MINUTES WEST, A DISTANCE OF 38 3 FEET; 3) THENCE
SOUTH 26 DEGREES 45 MINUTES EAST, A DISTANCE OF 51.9 FEET; 4) THENCE SOUTH 19
DEGREES 13 MINUTES WEST, A DISTANCE OF 46 25 FEET, 5) THENCE SOUTH 57 DEGREES 57
MINUTES EAST, A DISTANCE OF 50 2 FEET, 6) THENCE SOUTH 02 DEGREES 41 MINUTES
EAST, A DISTANCE OF 50 6 FEET, 7) THENCE SOUTHEASTERLY 47.0 FEET TO THE
SOUTHWEST CORNER OF SAID TRACT KNOWN AS LOT 2, WHICH IS ALSO THE
NORTHEASTERLY CORNER OF LOT 1 IN IOZZO SUBDIVISION, ACCORDING TO THE PLAT
Ordinance 2007- ZO- SD -V -S -1201
Granting Fence Var
Brnttwood Creek Sbdvsn
(S E Corner Rt 83 & 35 l St,
Oak Brook, I L 60523 - (06 -35- 301 -014,
06 -35- 301 -015, 06 -35- 301 -016)
Page 5 of 5
THEREOF RECORDED AS DOCUMENT NO R66- 34631, THENCE SOUTH 69 DEGREES 05
MINUTES WEST ALONG THE NORTH LINE OF SAID LOT 1 IN IOZZO SUBDIVISION, A DISTANCE
OF 116.45 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 1, THENCE SOUTH 24
DEGREES 22 MINUTES WEST ALONG THE WESTERLY LINE OF SAID LOT 1, A DISTANCE OF
318 33 FEET TO THE NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND KNOWN
AS LOT 1 IN ALEXANDER'S PLAT OF SURVEY, RECORDED AS DOCUMENT NO 601838,
THENCE SOUTH 23 DEGREES 32 MINUTES WEST ALONG THE WESTERLY LINE OF SAID TRACT
KNOWN AS LOT 1, A DISTANCE OF 387 2 FEET, TO THE SOUTHWEST CORNER OF SAID TRACT,
THENCE SOUTH 76 DEGREES 49 MINUTES EAST ALONG A SOUTHERLY LINE OF SAID TRACT,
KNOWN AS LOT 1, IN ALEXANDER'S PLAT OF SURVEY, A DISTANCE OF 146 0 FEET, THENCE
SOUTH 70 DEGREES 43 MINUTES EAST ALONG THE SOUTHERLY LINE OF SAID TRACT KNOWN
AS LOT 1, A DISTANCE OF 139.2 FEET TO THE POINT OF BEGINNING, (EXCEPT THAT PART
THEREOF FALLING IN FPD /BASIC LIFE ASSESSMENT PLAT RECORDED AS DOCUMENT R2003-
121963)
PARCEL 3: THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 35,
TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN WHICH LIES
SOUTH OF THE SOUTH LINE OF 35 TH STREET AND EAST OF THE EASTERLY LINE OF ILLINOIS
ROUTE 83, (EXCEPT THAT PART THEREOF FALLING IN FPD /BASIC LIFE ASSESSMENT PLAT
RECORDED AS DOCUMENT R2003- 121963)
ALL IN DU PAGE COUNTY, ILLINOIS
J
s
STATE OF ILLINOIS )
SS
COUNTIES OF COOK AND DUPAGE )
I, Charlotte K Pruss, do hereby certify that I am the duly elected and acting Village Clerk
of the Village of Oak Brook, DuPage and Cook Counties, Illinois
I DO FURTHER CERTIFY that on August 14, 2007 , the corporate authorities
of the above municipality passed and approved
Resolution 2007- ZO- SD -V -S -1201
AN ORDINANCE GRANTING A FENCE VARIATION FROM THE
PROVISIONS OF SECTION 13 -3 -6113 OF
TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE
OF THE VILLAGE OF OAK BROOK
(A parcel of approximately 57 acres, located at the Southeast Corner of
Route 83 and 35th Street, Oak Brook, Illinois 60523)
PIN's 06 -35- 301 -014, 06 -35- 301 -015, and 06 -35- 301 -016
I DO FURTHER CERTIFY that the original document, of which the annexed copy is a
true copy, is entrusted to my care for safekeeping and I am the keeper of the same
I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries,
resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook
Counties, Illinois
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of
the Village of Oak Brook this 20th day of August, 2007
1 0. �i.r r h la;f k
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Charlotte K Pruss
Village Clerk
Village of Oak Brook
DuPage and Cook Counties, Illinois
ORDINANCE 2007- ZO- SD -V -S -1201
AN ORDINANCE GRANTING A FENCE VARIATION FROM THE
PROVISIONS OF SECTION 13 -3 -6B OF
TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE
OF THE VILLAGE OF OAK BROOK
(A parcel of approximately 57 acres, located at the Southeast Corner of
Route 83 and 35th Street, Oak Brook, Illinois 60523)
PIN's 06 -35- 301 -014, 06 -35- 301 -015, and 06 -35- 301 -016
WHEREAS, Brittwood Creek, LLC ( "Applicant') is the owner of certain real property located in
the Village of Oak Brook and legally described on the attached Exhibit A ("Property'), and
WHEREAS, the Applicant desires to subdivide the Property to create the Brittwood Creek
subdivision, which subdivision shall consist of 30 lots, and requests a variation from Section 13 -3 -6B of
the Village Code (Accessory Uses /Permitted in Required Yards) to allow for construction of a solid fence
between eight and nine feet in height along the western boundary of the Property parallel to Route 83 and
along portions of the north and south boundaries of the Property, and
WHEREAS, a public hearing on the application was conducted by the Zoning Board of Appeals of
the Village of Oak Brook on June 25, 2007, pursuant to due and appropriate legal notice, and
WHEREAS, the Zoning Board of Appeals made explicit findings of fact that the variation
requested conforms to the standards set forth in Sections 13 -14 -6D and 13 -3 -613 of the Village Code, 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 The foregoing recitals are incorporated into, and made a part of, this Ordinance as the
findings of the Village President and Board of Trustees
Section 2 A public hearing to consider the application was duly advertised on or before June
7, 2007 in the Daily Herald, and was held by the Village of Oak Brook Zoning Board of Appeals on June
25, 2007 On June 25, 2007, the Zoning Board of Appeals recommended approval of the requested
variation
Section 3 A variation is hereby granted from the provisions of Section 13 -3 -613 of the Village
Code of the Village of Oak Brook to permit construction of a solid fence between eight and nine feet in
height along the western boundary of the Property parallel to Route 83 and along portions of the north
and south boundaries of the Property, in substantial conformance with the locations identified on the final
plat of subdivision for the Property as approved by the Village President and Board of Trustees
Section 4 The fence shall be constructed of earth -tone Trex material and in substantial
conformance with the SoundWall/Wood Fence Exhibit prepared by Engineering Resource Associates,
Inc and included at page I of the case file, and the buffer detail and elevations prepared by Ives /Ryan
Group and included at pages J and K of the case file
Section 5 In the event that the Forest Preserve District removes vegetation from their property in
order to install a pedestrian /bike path, causing the fence to become visible from Route 83, the Brittwood
BRITTWOOD CREEK
VARIATION- FENCE
INDEX
PAGE CONTENTS
17-17.a Memorandum from Director of Community Development Kallien -Village Board
Agenda— Dated July 24, 2007
16-16.a Recommendation Letter from Zoning Board of Appeals to Village President and
Trustees—dated July 18, 2007
15-15.b Email Correspondence from Ross Hill — Forest Preserve District re: Agreement with
Brittwood Creek Engineer that the Wall as Proposed Will Not have a Negative Impact
on Forest Preserve Property Along with Copy of Drainage Area—dated July 16 and July 17
14-14.g Zoning Board of Appeals Minutes dated June 25, 2007
13 Picture of Site from Route 83 and Picture of Site Through Forest Preserve District Strip
of Property West of Subdivision
12 Picture of Wall Section with Steps
11 Picture of Typical Wall Section on Route 83
10-10.c Correspondence and Emails between the Village— ERA Civil Engineer for Callaghan
Ross Hill and a Letter from Forest Preserve District of DuPage County re: Concerns of
theRetaining Wall dated June 25, 2007
9-9.a Staff Report from Director of Community Development Kallien to Zoning Board of
Appeals dated June 20, 2007
8-8.a Applicant's Response to Forest Preserve District concerns dated June 21, 2007
7-7.a Email to Village Engineer Durfey re: Forest Preserve District Fence Concerns dated
June 18, 2007
6 Letter from Forest Preserve District dated May 14, 2007
5 Certificate of Publication dated June 7, 2007
4 Resident Letter dated June 7, 2007
3 Board of Trustees Referral Meeting Minutes dated June 12, 2007 (Not Included)
2 Referral Memo to Village Board -Agenda dated June 12, 2007
1-1.a Zoning Ordinance Section 13-3-6B—Accessory Uses — Fences
A Application/Petition Final Plat
B-B.2 Letter of Explanation from Brittwood Creek Director, Dan Callaghan to Zoning Board of
Appeals and Village Board dated May 17, 2007
C-C.3 Response to Variation Standards
D-D.2 Surrounding Property Owners List
E Certification
F-F.2 Subject Property Verification and Legal Description
G Fee/Receipt
H Pictures of Proposed Fencing and Subdivision Location View from Route 83
Area of Wood Fence Exhibit (Included — Not Attached)
J Route 83 Buffer Detail — Exhibit -1 dated May 9, 2007 (Included — Not Attached)
K Route 83 Buffer Elevations — Exhibit -2 dated May 9, 2007 (Included — Not Attached)
L Final Plat (Not Included — Key Files Only)
Brittwood Creek-VAR'-Fence-IN.DEX.doc
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F C O U N'T I
AGENDA ITEM
ti. Regular Board of Trustees Meeting
of
July 24, 2007
SUBJECT: Brittwood Creek, LLC—Variation
FROM: Robert L. Kallien, Jr., AICP, Community Development Director
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTIONS: I move to concur with the recommendation from the Zoning
Board of Appeals and approve the requested variation to Section 13-3-6B of the Zoning
Ordinance to permit the construction of an eight (8) to nine (9) foot high solid fence along
the western boundary of the subdivision parallel to Route 83 and portions along the north
and south boundary subject to the following conditions:
1. Construction is to be in substantial conformance with the earth tone Trex material
proposed and the plans as submitted showing the Sound Wall/Wood Fence Exhibit
prepared by Engineering Resource Associates, Inc., on page I and the buffer detail
and elevations prepared by Ives/Ryan Group on page J and K of the case file;
2. The applicant has resolved all outstanding issues with the Forest Preserve District;
3. If the Forest Preserve District should remove vegetation to install a pedestrian/bike
path on their property, the Brittwood Creek Homeowner Association will plant and
maintain ivy-type vegetation that would grow along the exterior of the fence/wall
facing Route 83;
4. All engineering plans are to be submitted to and approved by Village Engineer
Durfey;
5. Notwithstandin g the exhibits contained in the case file, the applicant shall meet all
Village ordinance requirements at the time of building permit application, except as
varied or waived; and
authorize the Village Attorney to prepare the necessary ordinance for final consideration at
the August 14,2007 Village Board of Trustees meeting.
Last saved b GPOLANEK JAI-FROM BOB�Bot-PC-MAWT-Rec-Brittwood Creek-Fence VAR-2007.doc
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Backaround/History:
At its meeting on June 25, 2007, the Zoning Board of Appeals reviewed a petition from Brittwood
Creek LLC, the current owner of the approximately 56 acres known as the Brittwood Creek
Subdivision located east of Route 83, south of 35t' Street seeking approval of variation to Section
13-3-6B of the Zoning Ordinance to permit the construction of an eight (8) to nine (9) foot high
solid fence along the western boundary of the subdivision parallel to Route 83.
Both the approved preliminary plat approved by the Village of Oak Brook and the final plat,
which has been recommended for approval by the Plan Commission, depict a fence structure along
the frontage of Route 83.
Recommendation:
Chairman Davis said that the applicant addressed the standards in their testimony and were also
submitted in writing on pages C-C.3 of the case file.
By a vote of 6 to 0, the Zoning Board of Appeals found that the applicant addressed and satisfied
the applicable standards required to recommend approval of the variation as requested to Section
13-3-6B of the Zoning Ordinance to allow an eight (8) to nine (9) foot solid fence along the west
and portions of the north and south perimeter of the subdivision that is parallel to Route 83 as
depicted in the plans submitted, subject to the following conditions:
1. Construction is to be in substantial conformance with the earth tone Trex material
proposed and the plans as submitted showing the Sound Wall/Wood Fence Exhibit
prepared by Engineering Resource Associates, Inc., on page I and the buffer detail and
elevations prepared by Ives/Ryan Group on page J and K of the case file.
2. The applicant will resolve the issue with the Forest Preserve District before the Village
Board Hearing.
3. If the Forest Preserve District should remove vegetation to install a pedestrian/bike path on
their property, the Brittwood Creek Homeowner Association will plant and maintain ivy-
type vegetation that would grow along the exterior of the fence/wall facing Route 83.
4. All engineering plans are to be submitted to and approved by Village Engineer Durfey.
5. Notwithstanding the exhibits contained in the case file, the applicant shall meet all Village
ordinance requirements at the time of building permit application, except as varied or
waived.
Staff Comments:
Since the Zoning Board of Appeals meeting, Ross Hill of the Forest Preserve District has
indicated that they were in agreement with the wall design and location as proposed by the
applicant because it has been determined that the wall will not have any negative impacts on
existing drainage patterns on the Fores t Preserve District's adjacent"panhandle"parcel.
Last saved by GPOLANEK JAI-FROM BOB\Bot-PC-MAMT-Rec-Brittwood Creek-Fence VAR-2007.doc 2. ���
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9`FCOUNTV July 18, 2007
Village of Village President Craig and Board of Trustees
Oak Brook Village of Oak Brook
1200 Oak Brook Road 1200 Oak Brook Road
Oak Brook,IL 60523-2255 Oak Brook, IL 60523
Website
www.oak-brook.org SUBJECT: Brittwood Creek LLC—Variation—Fence
Administration
630.368.5000 Dear President Craig and Board of Trustees:
FAX 630.368.5045
Community Backeround
Development At its meeting on June 25, 2007, the Zoning Board of Appeals reviewed a petition
63030.36151 from Brittwood Creek LLC the current owner of the approximately 56 acres known as
FAX 630.368.5128 � pp y
the Brittwood Creek Subdivision located east of Route 83, south of 35th Street seeking
Engineering approval of variation to Section 13-3-6B of the Zoning Ordinance to permit the
Department construction of an eight (8) to nine (9) foot high solid fence along the western
630.368.5130
FAX 630.3688.51.51 28 boundary f the subdivision parallel to Route 83.
�
Fire Department Both the approved preliminary plat and final plat, which has been recommended for
630.368.5200 approval by the Plan Commission, depict a fence structure along the frontage of Route
FAX 630.368.5250
83. The fence has been designed to be a visual screen and a buffer for Route 83 traffic
Police Department noise.
630.368.8700
FAX 630.368.8739 Public Comment
Public Works All interested parties were notified of the public hearing before the Zoning Board of
Department Appeals. No one spoke at the meeting either in support of or in opposition to the
630.368.5270 proposed variation. However, written correspondence was received from the DuPage
FAX 630.368.5295 County Forest Preserve regarding the location of the fence/wall structure and a
potential impact upon their 50-foot strip of property that runs parallel to the western
Oak Brook
Public Library boundary of the subdivision. Village Engineer Durfey did comment that the storm
sewer that picks up the drainage from the Forest Preserve district property was more
600 Oak Brook Road than adequate
Oak Brook,IL 60523-2200
630.368.7700 Recommendation
FAX 630.368.7704
Chairman Davis said that the applicant addressed the standards in their testimony and
Oak Brook Sports Core were also submitted in writing on pages C-C.3 of the case file.
Bath&Tennis Club By a vote of 6 to 0, the Zoning Board of Appeals found that the applicant had
700 Oak Brook Road addressed and satisfied the applicable standards required to recommend approval of
Oak Brook,IL 60523-4600 the variation as requested to Section 13-3-6B of the Zoning Ordinance to allow an
630.368.6420
FAX 630.368.6439 eight (8) to nine (9) foot solid fence along the west and portions of the north and south
perimeter of the subdivision that is parallel to Route 83 as depicted in the plans
Golf Club submitted, subject to the following conditions:
2606 York Road
Oak Brook,IL 60523-4602
630.368.6400
FAX 630.368.6419
July 18, 2007
President Craig and Board of Trustees
RE: Brittwood Creek—Variation- Fence
Page 2
1. Construction is to be in substantial conformance with the earth tone Trex
material proposed and the plans as submitted showing the Sound Wall/Wood
Fence Exhibit prepared by Engineering Resource Associates, Inc., on page I
and the buffer detail and elevations prepared by Ives/Ryan Group on page J
and K of the case file.
2. The applicant was to resolve the issue with the Forest Preserve District before
the Village Board meeting.
3. If the Forest Preserve District should remove the vegetation along their
property to install a pedestrian/bike path, the Brittwood Creek Homeowner
Association would plant and maintain ivy-type vegetation that would grow
along the exterior of the fence/wall facing Route 83.
4. All engineering plans are to be submitted to and approved by Village Engineer
Durfey.
5. Notwithstanding the exhibits contained in the case file, the applicant shall meet
all Village ordinance requirements at the time of building permit application,
except as varied or waived.
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
Zoning Board of Appeals
ZBAChaidetter-Brittwood Creek-Fence VAR.doc
Page 1 of 3
Gail Polanek
From: Ross Hill [rhill @dupageforest.com]
Sent: Tuesday, July 17, 2007 8:11 AM
To: Brian Wawczak
Cc: Dale Durfey; callaghan @ameritech.net; Forest Gate;jgreen @eraconsultants.com; Kevin Stough;
Marcia Thomas; Robert Kallien; Gail Polanek
Subject: RE: Brittwood Creek-Oak Brook, IL
Brian:
Thank you for providing me with the 1' contour map and the detailed explanation. After reviewing your
topographic mapping and proposed drainage plan, I fully concur with your recommendations, and agree that the
proposed sound-attenuation wall should not have any negative impacts on existing drainage patterns on the
adjacent FPDDC "panhandle" parcel.
Thanks again for clarifying your design assumptions.
Ross Hill, P.E.
Project Engineer
Forest Preserve District of DuPage County
(630) 933-7244
CONFIDENTIALITY NOTICE:This e-mail message, including any attachments, is for the sole use of the intended
recipient(s)and may contain confidential, privileged or other information, protected by lava.Any unauthorized review,
use,disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply
e-mail and destroy all copies of the original message.
From: Brian Wawczak [mailto:bwawczak @eraconsultants.com]
Sent: Monday, July 16, 2007 12:28 PM
To: Ross Hill
Cc: ddurfey @oak-brook.org; callaghan @ameritech.net; 'Forest Gate';jgreen @eraconsultants.com; Kevin Stough;
Marcia Thomas; rkallien @oak-brook.org; gpolanek @oak-brook.org
Subject: RE: Brittwood Creek-Oak Brook, IL
Hi Ross,
Thank you for your detailed message and the exhibit showing your areas of concern. Using your 2-ft contour
'— map, I was able to identify the three areas in question on our existing conditions topography. Since our
topography for the site is updated and has 1-ft contours, it is a helpful tool for this exercise.
I've attached a 100-scale exhibit of the site. The existing conditions topography is shown, along with proposed lot
lines, roads, storm sewer and the sound-wall overlaid. All other design features have been turned off in order to
keep the drawing as clean as possible. I've identified the three areas of concern by highlighting them on the
exhibit.
Please review this exhibit when you have a chance and let me know your opinion:
-1 think we both agree that the north area drains east, and we've accounted for that in our Engineering Plan by
proposing a flared end section and storm sewer, routed to our stormwater management system.
-The middle area seems to drain east on your exhibit, however, on our exhibit, the more detailed topography
shows the low spot is east of the property line. Once the sound-wall is constructed, it is unclear if the flow to the
east would still occur. The drop-off between the 720 contour and the 719 contour occurs over exactly 100-ft,
south to north, along the property line. In order to be safe, I'd like to propose that the developer construct a small
swale on his side of the property line to make sure stormwater drains due north towards the proposed flared end
7/20/2007 y ,
1 0 0 Page 2 of 3
section.
-The south area appears to drain to the west. According to our topography, there is a high point east of the
property line, and contours fall off from elevation 734 to elevation 723, towards the west, then flowing to contour
722 in the IDOT RT 83 right-of-way before flowing south.
Thank you for the continued dialogue. Please review this when you an opportunity, as I think we're close to a
final solution.
Thanks,
Brian E. Wawczak, P.E., CFM
Engineering Resource Associates, Inc.
426 S. Third Street
Geneva, IL 60134
(630) 262-8689
(630) 262-8698 (fax)
From: Ross Hill [mailto:rhill @dupageforest.com]
Sent: Monday, July 02, 2007 4:39 PM
To: Brian Wawczak
Cc: ddurfey @oak-brook.org; Callaghan @ameritech.net; Forest Gate;jgreen @eraconsultants.com; Kevin Stough;
Marcia Thomas; rkallien @oak-brook.org; gpolanek @oak-brook.org
Subject: RE: Brittwood Creek- Oak Brook, IL
Brian:
After reviewing our available topographic maps in more detail, and plotting a profile along the centerline of our
50'-wide"panhandle" parcel at Brush Hill Forest Preserve, it's clear that there are three distinct sags along the
alignment of the future trail, as noted on the attached map. At each of these three locations, the predominant
drainage pattern is from west to east, toward Brittwood Creek, so if a wall is constructed east of the FPDDC
property line, the natural flow pattern will be obstructed. Therefore, drainage inlets are needed at these three
locations, to allow water to continue to flow east beneath the wall.
Thank you for your attention to this matter. Again, we are not objecting to the wall per se, but just want to make
sure it is designed and constructed in a manner that doesn't negatively impact our ability to construct a trail in the
future.
Ross Hill, P.E.
Project Engineer
Forest Preserve District of DuPage County
(630) 933-7244
CONFIDENTIALITY NOTICE:This e-mail message, including any attachments, is for the sole use of the intended
recipients)and may contain confidential, privileged or other information, protected by law.Any unauthorized review,
use,disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply
e-mail and destroy all copies of the original message.
From: Ross Hill
Sent: Tuesday, June 26, 2007 8:38 PM
To: Brian Wawczak
Cc: ddurfey @oak-brook.org; Callaghan @ameritech.net; 'Forest Gate'; jgreen @eraconsultants.com; Kevin Stough;
Marcia Thomas
Subject: RE: Brittwood Creek- Oak Brook, IL
Brian:
Thank you for your letter. I will be out of the office until at least Thurs. PM or Friday due to family matters, but
7/20/2007 150�_
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• •
MINUTES OF THE JUNE 25, 2007 RESCHEDULED
DRAFTHE VILLAGE OF OAK BROOK UNOFFICIAL UNTIL
APPROVED AS WRITTEN OR AMENDED ON_ , 2007
1. CALL TO ORDER: CALL TO ORDER
The Regular Meeting of the Zoning Board of Appeals was called to order by
Chairman Champ Davis in the West Wing Training Room of the Butler
Government Center at 7:32 p.m.
2. ROLL CALL: ROLL CALL
Gail Polanek called the roll with the following persons
PRESENT: Chairman Champ Davis, Members Richard Ascher, Jeffrey
Bulin, Glenn Krietsch, Baker Nimry and Steven Young
IN ATTENDANCE: Robert Sanford, Trustee; Gerald Wolin, Trustee; and
Robert Kallien, Jr., Director of Community Development and
Dale Durfey, Jr.,Village Engineer
3. APPROVAL OF MINUTES: MINUTES
REGULAR ZONING BOARD OF APPEALS MEETING OF APRIL 3. 2007
Motion by Member Bulin, seconded by Member Young to approve the minutes
of the April 3, 2007 Regular Zoning Board of Appeals meeting as written.
VOICE VOTE: Motion carried
4. UNFINISHED BUSINESS BUSINIS
BUSINESS S
There was no unfinished business to discuss
05. NEW BUSINESS NEW BUSINESS
A. RITTWOOD CREEK LLC — APPROXIMATELY 56.2 ACRES OF BRrllwooD
CREEK, LLC —
VACANT PROPERTY LOCATED SOUTH OF 35`" STREET, EAST OF VARIATION —
ROUTE 83 and WEST OF BREAKENRIDGE FARM SUBDIVISION — SECTION 13-HT to
— SOLID EIGHT to
VARIATION — SECTION 13-3-3-6B — TO ALLOW A SOLID FENCE NINE FOOT FENCE
ALONG WESTERN
APPROXIMATELY EIGHT to NINE FEET HIGH ALONG THE SUBDIVISION
WESTERN SUBDIVISION BOUNDARY BOUNDARY
Chairman Davis swore in all parties that would testify.
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 1 of 16 June 25, 2007
f
•
Walter Morrissey, Attorney for the applicant Brittwood Creek LLC, reviewed
the request.
The property is a unique parcel containing about 56 acres. The site plan calls
for the construction of a berm adjacent to Route 83 approximately four feet off
of the western boundary of the property. Instead of a permitted 6-foot high
chain link fence on top of the berm, they are seeking a variation to allow an 8 to
9 foot high solid Trex style fence. The purpose of the solid wood fence is to
provide visual and sound remediation for the adjacent subdivision. The traffic
count on Route 83 exceeds 80,000 vehicles per day. They recently appeared
before the Plan Commission and received unanimous approval for the final plat
subject to final approvals by staff. The ordinance refers to an open fence with a
height restriction, but is silent to the issues on this property, given the berm and
the commercial properties on the west side of Route 83.
There has been an exchange of correspondence with the Forest Preserve District
of DuPage County. Initially, they sent a letter to the Village staff stating that
they did not have any concerns and recently sent another letter stating that they
had concerns with drainage issues and the proximity of the wall to their
property so that it did not do damage to the forest preserve property. The
questions were answered before the Plan Commission. The footing will not be
a spread footing as suggested by the Forest Preserve District, but will be a
straight footing constructed by using an oversized trencher that will never go
onto the forest preserve property. The drainage issue is westbound with the
exception of one point that goes onto the Brittwood Creek property. The
engineering firm ERA has designed the plans so that any intake of water from
the forest preserve property will come into the intake and go into pond D. A
letter from the engineering firm regarding those issues was submitted and is part
of the case file.
Chairman Davis questioned the length and purpose of the fence.
Mr. Callaghan said that the fence originates on the north side of the subdivision
east toward the end of Pond A and runs down the west side, parallel to Route 83
to the southern end of the subdivision and then east by the southern boundary
toward the end of Pond K, approximately 2200-2400 lineal feet. Originally, an
8 to 9 feet concrete wall was shown on the approved preliminary plat. Located
on the inside of the subdivision was to be a 3-4 foot high decorative retaining
wall, which was needed in order to get the berm built up for sound and site
blockage. He was concerned with how the wall would look along the ring road
inside the subdivision. No matter what he did, it would look like a commercial
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 2 of 16 June 25, 2007
• •
wall inside the subdivision and aesthetically it did not look good. Another
consideration would be if the Forest Preserve District ever removed the trees in
the 50-foot area to build a bike/pedestrian trail to link to their property south of
Brittwood Creek, then the concrete wall would be exposed. He believed that it
would not be appropriate to see a concrete wall in that instance. He provided
pictures to show the foliage along Route 83, which is basically scrub seedlings;
and pictures of fencing along Route 83 by Hinsdale. The Trex product
proposed is guaranteed to last 50 years. The difference in the steps, required for
the fencing is because the concrete wall is going to follow the natural grade of
the ground. As the ground slopes up there will be a slight, stepping as the wall
goes up and down. Generally, the fence would be less than 9 feet maximum
that they are seeking. The reason for the fence request is when IDOT was
contacted they were informed that there is nothing planned for any kind of a
sound wall along Route 83. There are now sound walls by Ginger Creek as
well as Brook Forest and walls now exist along I-294 east of York Road. It is
recognized that there is traffic and traffic noise in town and it is not expected
that the fence would totally remove the noise, which is impossible. However,
considering other communities along those roads are getting relief without the
necessity of any type of variation to have the concrete walls and the Toll
Authority can do it without seeking approval from towns. The fence proposed
would be more aesthetically pleasing than the previously approved 10-foot
concrete wall on the preliminary plat. The wall did not face any of the homes in
the subdivision it faced Route 83. The impact would not be on Brittwood
Creek, but on the community. This situation is unique. It is on a property line
of a subdivision that abuts a major roadway. IDOT would not engage in a
conversation about Route 83 and they do not have to do anything for sound
abatement.
Chairman Davis asked if the fence was discussed at all by the Plan
Commission.
Mr. Callaghan said that it was discussed, but there were no members that
expressed an objection to the plan.
Chairman Davis asked for a comparison between the proposed fence and the
previously approved concrete wall.
Mr. Callaghan responded that the fence is eight feet high and the concrete wall
is four feet high.
Chairman Davis said that the purpose would be to serve not only as a sound
buffer but for aesthetics as well.
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 3 of 16 June 25, 2007
Member Young questioned whether a Noise Road Study was done on the site,
which are maps that show the decibel levels as they dissipate off of Route 83.
Mr. Callaghan responded that they did not do it because it gets into the sound
ratings, which is not a clear objective way to view it and it is not an exact
science. It is up to interpretation as to who decides what decibel that it makes
sense in order to do a fence or not. Generally if you are 20 to 30 feet off the
pavement fences are 12-15 feet high, as you go farther they drop off or become
rather short. In some areas, they can be 20-30 feet high. He did discuss it with
Village Engineer Durfey as to whether the request should be for a sound barrier
versus a fence. One problem would be the type of pavement on the road, which
is concrete now and could be changed to asphalt at some point. The distance
from where the road and the property line meets makes a big difference. This
particular property is flush with Route 83 and the farther east the property
actually dips down about 20 feet, before it is about 100 feet from Bronswood
Creek. In this particular case, this extra fence would actually help with the
property sloping and dropping to the east.
Mr. Morrissey said that they know that the noise varies during week days and
weekends.
Member Nimry asked if the wall would be visible from Route 83 and noted that
some walls can be seen; and in those cases, ivy or something similar is planted.
Mr. Callaghan said not at this time. If the Forest Preserve District removed the
trees then it would be seen. He would add to the Declaration of the
Homeowners association that in the event the Forest Preserve District removed
the trees, that ivy or greenery would be planted between the wall and the Forest
Preserve property.
Chairman Davis asked Village Engineer Durfey about the issue is with the
Forest Preserve District.
Village Engineer Durfey said that he had received some emails from Ross Hill
of the Forest Preserve District regarding some purported allegation that the wall
would create a drainage problem. Mr. Callaghan's engineer provided a letter
that the wall will not cause any negative impacts. He emailed the Forest
Preserve District the opportunity to come to the Village to review the plans and
as of yet they have chose not to do that.
Member Bulin asked if there was a drainage plan that indicates the drainage
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 4 of 16 June 25, 2007
• •
issue that they are referring to and whether it looks adequate to handle the
problem.
Village Engineer Durfey responded that there is a contour map of the entire site.
There is a storm sewer that picks up the drainage, which is more than adequate.
Chairman Davis noted that the issue has then been addressed.
Mr. Callaghan said that the Village's review from its consultant that did the
stormwater management review, Burns and McDonnell, did not find any
concerns with any part of the 50-foot strip or the inlet that controls the water
from under Route 83. They will never enter the Forest Preserve Property to do
any maintenance on the wall; it will always be done from their property.
Member Bulin asked if the engineering drawings have the retaining wall details.
Village Engineer Durfey responded not yet, but they will.
Member Bulin asked what type of finish was on the exposed part of the
concrete.
Mr. Callaghan responded that it is flush concrete. He noted that the wall is not
part of the variation request.
The Variation Standards were provided in writing in the case file and addressed
by Mr. Morrissey as follows:
1. a. The property in question cannot yield a reasonable return if
permitted to be used only under the conditions allowed by the
regulations governing the district in which it is located.
RESPONSE: The visual from headlights is not screened with a chain link
fence. The aesthetics of the fence including earth tones will be.used to
blend. The fence will be staggered along the wall. There is also the fact
that it will help to mitigate sound.
1. b. The plight of the owner is due to unique circumstances.
RESPONSE: The plight is due to unique circumstances. Route 83 is a
high volume highway and the Master Plan of the Village recognizes that it
requires special planning and considerations for residential developments
adjacent to it. IDOT has indicated that they have no intention to place any
sound barrier or buffer along that stretch of road.
1. c. The variation, if granted, will not alter the essential character of the
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 5 of 16 June 25, 2007
Nv
•
locality.
RESPONSE: They think it will enhance the locality and will have a long
term benefit to the residential area. It should also help the Breakenridge
Subdivision to the east by mitigating some sound.
2. a.The particular physical surroundings, shape, or topographical
conditions of the specific property involved would bring a particular
hardship upon the owner as distinguished from a mere inconvenience if
the strict letter of the regulation were to be carried out.
RESPONSE: The property is unique with the 50-foot strip of land owned
by the Forest Preserve District and the 80,000 traffic movements along
Route 83 on a typical day. This corridor leads right into the commercial
part of the village.
2. b.The condition upon which the petition for variation is based would not
be applicable generally to the other property within the same zoning
classification.
RESPONSE: There was extensive testimony provided by their appraiser at
the hearings on the map amendment. This is the last large tract of land in
Oak Brook and cannot be copied by other properties in the Village.
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.
RESPONSE: If the variation is granted, they have testified that it will not
be detrimental to the Forest Preserve District property. The type of material
will blend into the surroundings. If the vegetation is ever removed they will
provide adequate vegetation.
2. d.The proposed variation will not impair an adequate supply of light and
air to adjacent property, or substantially increase the danger of fire, or
otherwise endanger the public safety or substantially diminish or impair
property values within the neighborhood.
RESPONSE: The variation, if granted would not alter the current supply
of light and air to adjacent properties. There are not increased dangers or
negative impacts to the property values in the neighborhood.
2. e.That the purpose of the variation is not based exclusively upon a desire
to make more money out of the property.
RESPONSE: The variation is requested as a desire by the developer to
help maintain values for the properties within the subdivision and will not
negatively impact property values for surrounding property owners. This is
i
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 6 of 16 June 25, 2007
� Pi
•
a sound and sight improvement for aesthetics and sound purposes.
2. f.That the alleged difficulty or hardship has not been created by any
person presently having an interest in the property.
RESPONSE: IDOT is partially responsible for the condition of the growth
of the road traffic. It is a major artery to the commercial district to the north
of this residential location. The condition existed on the property prior to it
becoming Brittwood Creek. The hardship is due to existing conditions and
has not been created by any person having an interest in the property.
No one in the audience spoke in support of or in opposition to the request.
Chairman Davis asked and the applicant accepted the conditions that should the
Forest Preserve District remove the greenery that currently would block the
view of the wall that the Homeowner association would be responsible to plant
ivy or another greenery to cover the view of the wall. All engineering plans are
to be submitted and approved by Village Engineer Durfey.
There was a brief discussion initiated by Member Bulin whether the approval
was for an 8 to 9 foot fence or an approximate 12-foot screen. Director of
Community Development Kallien said that based upon the Village Code,
approval would be for the 8 to 9 foot fence. A combination of the concrete wall
and the proposed fence will result in an approximate 12-foot screening. If the
applicant had not requested the fence on top of the concrete wall, it would not
have required a variation.
Mr. Callaghan noted that the concrete wall along Route 83 is approximately 3
feet 8 inches in height.
Director of Community Development Kallien said that based upon the
approvals that were previously received by the Village Board and the
representations that were made in the previous reviews, the Code issue is the 8
to 9 foot solid fence.
Member Ascher asked if approval of the request would set some sort of
precedent and would someone else be able to ask for a taller fence at that time.
Director of Community Development Kallien responded that it was possible.
Sound barriers are becoming more frequent and primarily occur on public
property, such as part of the Tollway reconstruction. If Mr. Callaghan is
successful, and the installation of the fence appears to work, other subdivisions
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 7 of 16 June 25, 2007
Ile
may take note and see if they could integrate such a plan into their existing
development because the road impacts are very much the same down Route 83.
As far as being taller, he did not know. The matter could be complicate by the
fact that the other developments that along Route 83 may be owned specifically
by private property owners and are not the property of the homeowners
association. To succeed, private property owners would have to be in
agreement to want that type of improvement on their property.
Chairman Davis said that the applicant addressed the standards in their
testimony and they were submitted in writing on pages C-C.3 of the case file.
Motion by Member Nimry, seconded by Member Young that the applicant has
addressed and satisfied the applicable standards required to recommend
approval of the variation as requested to Section 13-3-613 of the Zoning
Ordinance to allow an 8 to 9 foot solid fence along the west perimeter, and
portions of the northeast and southeast perimeter of the subdivision that is
parallel to Route 83 as depicted in the plans submitted, subject to the following
conditions:
1. Construction is to be in substantial conformance with the earth tone
Trex material proposed and the plans as submitted showing the Sound
Wall/Wood Fence Exhibit prepared by Engineering Resource
Associates, Inc., on page I and the buffer detail and elevations prepared
by Ives/Ryan Group on page J and K of the case file.
2. The applicant will resolve the drainage issue with the Forest Preserve
District before the Village Board Hearing.
3. If the Forest Preserve District should remove vegetation to install a
pedestrian/bike path the Brittwood Creek Homeowner Association will
plant and maintain ivy-type vegetation that would grow along the
exterior of the fence/wall facing Route 83.
4. All engineering plans are to be submitted to and approved by Village
Engineer Durfey.
5. Notwithstanding the exhibits contained in the case file, the applicant
shall meet all Village ordinance requirements at the time of building
permit application, except as varied or waived.
ROLL CALL VOTE:
Ayes: 6 — Members Ascher, Bulin, Krietsch, Nimry, Young and Chairman
Davis
Nays: 0— Motion Carried.
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 8 of 16 June 25, 2007
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Forest Preserve District o uPage County
ate: 3 S. 580 Naperville Road • Wheaton, IL 60187-8761 • 630.933.7200 Fax 630.933.7204 TTY 800.526.0857
VIA FACSIMILE 368-5107 and REGULAR MAIL
June 25, 2007
Mr. Robert Kallien, Jr., AICP
Director of Community Development
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523-2255
Re: Public Notice on Brittwood Creek Subdivision
Dear Mr. Kallien:
The Forest Preserve District of DuPage County recently received notice of a requested
variation on the Brittwood Creek Subdivision. We appreciate receiving timely notification of such
projects that may have an impact on our adjacent property, and thank you for the opportunity to
comment.
District Staff has reviewed the notice and the proposed variance, and I would like to
express our concerns regarding the proposed retaining wall/fence. We do not specifically see
any problem with the height or material for the fence. However, the close proximity of the
proposed concrete wall/fence to our property will likely create long-term problems for the
District. The concrete retaining wall will be set back only 3 feet from our property line. The
typical section doesn't show the proposed footing for the wall, but we assume it will be a spread
footing also constructed of concrete. We are extremely dubious that this type of wall can be
constructed this close to the property line without with disturbing forest preserve land.
Additionally, the wall would need to be constructed without impeding the natural surface
flow and subsurface flow from our property, which is generally sloped toward the proposed wall.
This plan would likely create drainage obstructions, soil saturation, and potential wetland
emergence on our property. Any of these issues would create future problems for the District
because we bought this 50'-wide strip of land solely for the purpose of future trail development.
Per their typical section, it is doubtful that the developer would be able to create a functional
r"!r�irr,�•c c\�,µii �ti�it;�ir �'-t��iric +hacl� `^roc .in..nr�Ar +o nrpvpnt drain?gp. prphlems on our
.M,...�.gv is .. ... -
property, our engineer believes they will need to install a storm sewer system along the entire
west side of the wall, with surface intake structures at all low points in the horizontal profile. For
all this to happen without impacting our property directly, the setback of the wall will need to be
a minimum of 10 feet from the property line.
The possibility of problems with the retaining wall were originally expressed in our letter
to Mr. Callaghan dated November 10, 2005, as well as our subsequent letters to the `tillage
dated December 19, 2005, and March 20, 2006. Although-we were assured earlier this year that
the retaining wall would not impact the District land, we did not have an opportunity to review
the actual plans. Our project engineer, Ross Hill, has contacted the Village engineer, and is in
the process of reviewing this further with him.
Mailing Address: P.O. Box 5000 Wheaton, IL 60189-5000 • www.dupageforest.com /0
Mr. Robert Kallien
June 25, 2007
Page 2
The Forest Preserve District hopes that these concerns can be resolved through a
cooperative effort between all involved parties. With that in mind, we anticipate that this
proposed development will not have any significant impact upon the adjacent public land, and
that this preserve will continue to add to the quality of life for citizens of Oak Brook and DuPage
County residents alike.
Please consider this*as my request that tN8 letter be:read.and entered into the pudic
record at tonight's meeting.
Sincerely,
Kevin K. Stough, AICP
Director of Land Preservation
cc: Acting Village Manager Jeffrey Moline
Mr. Daniel Callaghan, Brittwood Creek, LLC (FAX #887-9016)
Executive Director Manning
President Pierotti
Commissioner Cantore
Deputy Director Vick
Project Engineer Hill
ENGINEERING RESOURCE `HOC IATE,S INC.
Consulting Engineers, Scientists & Surveyors
r,�wr��.eraconsultants.corn
426 South Third Street phone 630.262.8689
Geneva, Illinois 60134 fax 630.262.8698
June 22,2007
Mr. Ross Hill
Project Engineer
Forest Preserve District of DuPage County
(630)933-7244
SUBJECT: Brittwood Creek,Oak Brook, Illinois
ERA Project No.250808
Dear Mr.Hill;
In response to your email memo dated June 15, 2007 and addressed to Marcia Thomas, we offer the
following response to your concerns about the project:
Based on the existing topography of the site, approximately only 25% of the forest preserve area is
tributary to the Brittwood Creek west property line, as the remaining area flows away from the site (either
tributary to the Route 83 ditch, tributary to the south of the site, or tributary to the north of the site). The
25% area that is tributary to the site will flow to a proposed 30' upsized flared end section and storm
sewer, which will convey the 100-year critical duration storm event into the Bdttwood Creek stormwater
management facilities. The flared end section location is proposed at the low-point where existing natural
flow enters the site.
The proposed wall was conceptually shown on the Proposed Final Engineering Improvement Plans with a
spread footing. Since then,it has been decided that the wall will be shorter in height and won't necessitate
a spread footing. The wall foundation will be poured in a trench, allowing all construction equipment,
materials,and excavation spoils to remain solely on the Brittwood side of the property line.
Please feel free to contact me with any questions.
Sincerely,
ENGINEERING RESOURCE ASSOCIATES,INC.
Brian E.Wawczak, P.E.,C.F.M.
Page 1 of 3
Dale Durfey ---------------------- ---- ----— ---—
From: Ross Hill [rhill @dupageforest.com] 2 �� ��
Sent: Friday, June 22, 2007 4:39 PM E'a I
To: Marcia Thomas JUN - 2 ?� 7
Cc: Kevin Stough; Dale Durfe y
o
Subject: RE: Brittwood Creek LLC Public Notice --
, .
Marcia:
I got a call this PM from Dale Durfey (O.B.Village Engineer), who had been talking to Dan Callaghan, who has seen our latest letter
regarding our concerns with the proposed Rt. 83 wall. Mr. Callaghan told Dale that he has an earlier letter from the FPDDC that
Indicates we didn't have any concerns about the wall. I told Dale that I was not aware of any such letter, and to my knowledge, we
had not seen the proposed wall design cross-section until the latest public notice came out regarding the fence variance. I had
previously been involved regarding the concept of creating a secondary emergency access to Rt. 83, through the FPDDC property,
but I have previously had no opportunity to review any of the proposed details for the wall.
I'll be off work next Mon-Wed, and perhaps Thurs AM, to take care of some things for my elderly parents, but you may want to
review your files to see if we had sent any earlier correspondence regarding the wall (I see nothing in my files to that effect).
Ross Hill
Project Engineer
Forest Preserve District of DuPage County
(630) 933-7244
CONFIDENTIALITY NOTICE:This e-mail message, including any attachments,is for the sole use of the intended recipient(s)and may
contain confidential,privileged or other information, protected by law.Any unauthorized review, use,disclosure or distribution is
prohibited.if you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original
message.
From: Marcia Thomas
Sent: Friday, June 15, 2007 9:20 AM
To: Ross Hill
Subject: RE: Brittwood Creek LLC Public Notice
OK-you're right. Thanks for keeping me posted.
Marcia Thomas
Land Preservation Specialist
Forest Preserve District of DuPage County
(630)933-7684
CONFIDENTIALITY NOTICE:This e-mail message, including any attachments, is for the sole use of the intended recipient(s)and may
contain confidential, privileged or other information, protected by law.Any unauthorized review, use, disclosure or distribution is
prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original
message.
I
From: Ross Hill
Sent: Friday, June 15, 2007 9:13 AM
To: Marcia Thomas
Cc: Kevin Stough; Dale Durfey
Subject: RE: Brittwood Creek LLC Public Notice
Marcia:
Ailsionm
VILLAGE OF OAK BROOK
Zoning Board of Appeals
STAFF REPORT
DATE: June 20, 2007
FILE NO: 2007-017-ZO-VAR
DESCRIPTION: Variation to Section 13-3-6B of the Zoning Ordinance to permit an eight
(8) to nine (9) foot high solid fence.
PETITIONER: Brittwood Creek, LLC
900 Oakmont Lane, Suite 110
Westmont, Illinois 60559
LOCATION: Southeast Corner of 35`h Street and Route 83.
ADDRESS: NA-Vacant Land
ACREAGE: 56.3 acres
EXISTING ZONING/USE: R-1 and R-2, Single-Family-Detached Residence Districts, undeveloped.
ZONING/USE OF SURROUNDING PROPERTY:
North: R-2, Single-Family Detached Residence District, single-family homes in
the Hunter Trails Subdivision.
South: R-1, Single-Family Detached Residence District, undeveloped land
owned by the DuPage Forest Preserve District.
East: R-1, Single-Family Detached Residence District, the Oak Brook Farms
stable and single-family homes in the Breakenridge Farm Subdivision.
West: R-1, Single-Family Detached Residence District, undeveloped land
owned by the DuPage County Forest Preserve District and Route 83, a
multi-lane major arterial highway
DISCUSSION: Brittwood Creek LLC, the current owner of the approximately 56 acres
known as the Brittwood Creek Subdivision located east of Route 83,
south of 35`h Street has submitted a petition seeking approval of variation
to Section 13-3-6B of the Zoning Ordinance to permit the construction of
an eight (8) to nine (9) foot high solid fence along the western boundary
of the subdivision parallel to Route 83.
r T
STAFF REPORT—VARIATION
BRITTWOOD CREEK LLC—VACANT LAND SE 35TH STREET AND ROUTE 83
CASE Nos.2007-017-ZO-VAR
Both the approved preliminary plat and final plat, which have been
recommended for approval by the Plan Commission, depict a fence
structure along the frontage of Route 83.
Please see the materials provided by the petitioner in the case file for a
more detailed description of the final plat elements.
STAFF COMMENTS: Village Engineer Durfey reviewed the request and stated that there were
not any engineering issues to be considered with the variation request for
the fence. Also contained in the case file is an email from Dale Durfey
with the concerns relayed from the Forest Preserve District of DuPage
County. The applicant has responded to these concerns as well.
RESPONSIBILITIES OF HEARING BODIES:
The Zoning Board of Appeals has the responsibility to make a
recommendation on this request to approve a variation to the Zoning
Ordinance. Please include in your consideration, your findings with
respect to the standards specified in the Zoning Ordinance for a
variation. The materials submitted by the applicant specifically address
each of these standards.
CONCLUSION: If the Zoning Board is of the opinion that the applicant has satisfied the
requirements for a variation, a recommendation would be in order to
approve this request as presented subject to the following conditions:
1. The development shall be in substantial conformance with the plans
as submitted.
2. Notwithstanding the exhibits contained in the case file, the applicant
shall meet all Village ordinance requirements at the time of building
permit application, except as waived or varied.
Respectfully Submitted,
Robert L. Kaly0fir., AI
Director of i y Development
2
r T
BRITTWOOD CREEK, LLC
900 Oakmont Lane Ste110, Westmont, IL 60559
Phone: 630-887-9035 *Fax: 630-887-9016
June 21, 2007
Village of Oak Brook
Village Board
Zoning Board of Appeals
1200 Oak Brook Road
Oak Brook,IL 60523-2255
Re: Brittwood Creek
Forest Preserve District
Board Members,
This letter is in response to correspondence dated June 15th from Ross Hill of
DuPage County Forest Preserve,received by Marcia Thomas and the Village of Oak Brook
regarding the concrete retaining wall and fence,mostly along the development's west
boundary line. In the correspondence received,the following summaries Mr.Hill points;
A) Not concerned about the extended height or material of fence.
B) Close proximity,three(3)feet away,with assumption of spread footing.
Answer; The wall will be dug with an oversize trencher, and the bottom four
(4)foot height of wall will be place using a monolithic pour. This is
accomplished by filling the trench with concrete,right up against the earth.
No spread footing is necessary,there does not exist any weight loads on top
of the wall to warrant one. Further,the trench machine is five(5)feet wide,
and the wall being straight,we will be able to install wall with out entering
or disturbing Forest Preserve's property.
C) Wall needs to be constructed with out impending flow and subsurface flow.
Answer; 1) The northern portion of the Forest Preserve's property
currently drains away from the proposed wall, and said
grade to remain.
2) The southern portion of the Forest Preserve's property
currently drains away and the south of our property lines
and proposed wall.
3) The center portion of the Forest Preserve's property
currently accepts drainage from a culvert under Rte 83,
and said drainage continues eastward and onto
Brittwood Creek property by Lot 23. My engineer has
0 •
designed a storm drain to accept water (per the DuPage
County storm regulations), and pipe the water northeast
to pond D. Therefore,no pond or additional
saturation will take place.
In conclusion,there is no negative impact on the Forest Preserve's property,and the
ten(10)feet offset requested is excessive. To provide a little more buffer, and set back,I
will be willing to move the wall so that it is four(4)feet from the property line. Therefore,
any and all future maintenance of the wall can be done with in Brittwood Creek property.
Thank you for your time and consideration.
Sincerely,
Daniel P. Callaghan
I
i
7 Page 1 of 2
Dale Durfey 2
From: Ross Hill [rhill @dupageforest.com]
Sent: Friday, June 15, 2007 9:13 AMr r
To: Marcia Thomas � - / C�• `__ E ll pp I
Cc: Kevin Stough; Dale Durfey
JUN ! 8 ?OOI
Subject: RE: Brittwood Creek LLC Public Notice n
OF i.3
Marcia:
Kevin asked if I would contact the O.B. Village Engineer, Dale Durfey, regarding my concerns, which are not strictly related to the
developer's variance request per se. I am therefore forwarding a copy of this to Dale for his review and comment.
Ross Hill
Project Engineer
Forest Preserve District of DuPage County
(630) 933-7244
CONFIDENTIALITY NOTICE:This e-mail message, including any attachments, is for the sole use of the intended recipient(s)and may
contain confidential,privileged or other information, protected by law.Any unauthorized review, use, disclosure or distribution is
prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original
message.
From: Marcia Thomas
Sent: Friday, June 15, 2007 8:50 AM
To: Ross Hill
Subject: RE: Brittwood Creek LLC Public Notice
OK- I'm waiting for other responses. When I have them all, I'll draft something and probably run it by you.
Marcia Thomas
Land Preservation Specialist
Forest Preserve District of DuPage County
(630) 933-7684
CONFIDENTIALITY NOTICE:This e-mail message, including any attachments, is for the sole use of the intended recipient(s)and may
contain confidential, privileged or other information, protected by law.Any unauthorized review, use,disclosure or distribution is
prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original.
message.
From: Ross Hill
Sent: Friday, June 15, 2007 8:19 AM
To: Marcia Thomas
Cc: MaryEllen Weller; John "Ole" Oldenburg; Leslie Berns; Mike Palazzetti; Kevin Stough; Brent Manning; Bob Vick; Andrea Hoyt
Subject: Brittwood Creek LLC Public Notice
Marcia:
Regarding thl" o osed construction of a retaining wall and fence along the entire length of our narrow"panhandle parcel" at Brush
Hill, I hav couple df-major concerns that I think we should express to the Oak Brook ZBA. Quite frankly, I'm not at all concerned
about the riance request'for,an extended height of the proposed fence or the fence materials, but the close proximity of the
proposed concrete wall to our property will likely create long-term problems for us.
Per your memo, the concrete retaining wall will be setback only 3 feet from our property line. The typical section doesn't
show the proposed footing for the wall, which I assume will be a spread footing also constructed of concrete, and I am
extremely dubious that this type of wall can be constructed this close to the property line without with disturbing our land.
6/18/2007 ' "
' Page 2 of 2
. The
wall would need to be constru without impeding the natural surface flow subsurface flow from our property,
which is generally sloped toward the proposed wall. We cannot have them create drainage obstructions, soil saturation, and
potential wetland emergence on our property, because we bought this 50'-wide strip of land solely for the purpose of future
trail development. Again, per their typical section, I am extremely dubious that they would be able to create a functional
drainage swale within a T-wide setback zone. In order to prevent drainage problems on our property, I think they will need to
install a storm sewer system along the entire west side of the wall, with surface intake structures at all low points in the
horizontal profile. For all this to happen without impacting our property directly, I think the setback of the wall will need to be
10' minimum.
Thanks for the opportunity to comment.
Ross Hill
Project Engineer
Forest Preserve District of DuPage County
(630) 933-7244
CONFIDENTIALITY NOTICE:This e-mail message, including any attachments,is for the sole use of the intended recipient(s)and may
contain confidential, privileged or other information, protected by law.Any unauthorized review, use,disclosure or distribution is
prohibited.if you are not the intended recipient,please contact the sender by reply e-mail and destroy all copies of the original
message.
i
/ I 1 0/•1 r%A 7
., 0 0
Forest Preserve District of DuPage County
Wheaton, IL 60187-8761 630.933.7200 Fax 630.933.7204 TTY 800.526.0857
3 S. 580 Naperville Road
VIA FACSIMILE 630-368-5107 and REGULAR MAIL
May 14, 2007
Mr. Robert Kallien, AICP
Director of Community Development
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523-2255
Re: Brittwood Creek Subdivision
Dear Mr. Ka!llen:
The Forest Preserve District of DuPage County recently received notice of the proposed final
approval of a plat of subdivision for Brittwood Creek. We appreciate receiving timely notification of
such projects that may have an impact on our adjacent property, and we thank you for the opportunity
to comment.
The proposed subdivision appears to incorporate the previous suggestions that the District
made with regard to preserving the natural areas along the creek and adjacent to Brush Hill Forest
Preserve. We appreciate the efforts on the part of the developer and the Village to preserve much of
those areas in a natural condition. If so desired, the District would be pleased to provide any
additional assistance in regards to native species or protection of those areas.
In addition, the District understands that the planned retaining wall/berm will not impact the
forest preserve. land in any way. The District's engineer is available and willing to review any
additional engineering information in that regard.
We are hopeful that the Village's consideration of this development will help foster the type of
environment that is needed for the success of the plants and wildlife at the adjacent forest preserve.
With this in mind, we anticipate that this preserve will continue to add to the quality of life for the
citizens of Oak Brook and DuPage County residents alike.
Please consider this as my request that this letter be submitted to the Plan Commission at
tonight's meeting.
Sincerely,
Kevin K. Stough, AICP
Director of Land Preservation
cc: Acting Village Manager Horne
Mr. Daniel Callaghan, Brittwood Creek, LLC
Executive Director Manning
President Pierotti
Commissioner Cantore
Deputy Director Vick
Mailing Address: P.O. Box 5000 • Wheaton, IL 60189-5000 www.dupageforest.com
i ��3,�i/Z4,.��d •VAS.
NOTICE IS HEREBY 61VEN ffior a pabiic heuri^� CERTIFICATE OF PUBLICATION
fore the Zo^ing Board of Appeals of the Village of Oak
Brack,D°Page and Cook Counties,Illinois,will be held on
Rim afThe BUller�Gove��me^t Center,Village of Oak Paddock Publications, Inc.
Brook,1p2o00 Oak Brook Road,Oak pBr00 Illinois 60523 for
the purpoLCL Dakm nt Lane OSuite piO,Ti Jr.1 ont�IL
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Snin0rdln°ncetoftheVillas f0°k Brooktllllnois Or Daily Herald
dinanCe G-60 as amended.The Petitlane is seekingy the approval of a variation to
Sedlo^13-3 68 to allow 4he construction of a Trex style
crete retaining wall udf atenit to the Brittwood Creek Subdi-I
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east of Router83 with the leg I descgrIPtian assfollowesat and
PARCEL 1: THE NORTHEAST 1/4 OF THE.SOUTH-
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SCRIBED°AS FOLLD ST CORMMENCINR AT1 HE g
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SECON S WESTEALONG THE EASTSLINEI OF EETAILY HERALD is a secular newspaper and has been circulated daily in the
SOUTHWEST QUARTER,A DISTANCE OF 170.41 FEET;46 OH OS WEST°ATDISTANCE OF 240 47 FEET TO A POINT Addison, Algonquin, Arlin ton Heights, Barrington, Barrington Hills, Bartlett, Batavia,
OF SAID SOUTHWEST OF SUARTERRTHENCE NORTH 88 g g g g
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ING H THE SOUTHIB ED CORNLLOWS: CO OUTH•teS,Huntley,Inverness,Island Lake,Itasca,Keeneyville,Kildeer,Lake Barrington,Lake Villa
WEST 1/4 OF SECTION 35; THENCE WESTERLY 115, Lake Zurich, Libertyville, Lincolnshire, Lindenhurst, Lisle, Lombard, Long Grove,
ALONG THE SOUTH LINE OF SAID SOUTHWEST 1/4,A
NING NTHENCE CONTINUIING WESTNALONGESAI D y
SOUTN LINE OFSAIDSOUTHEAST1/4,A DISTANCE OFDros ect Mundelein,Naperville,North Aurora,North Barrington,Oakbrook,Oakbrook Terrace,
SOUTHEAST 114 OF THE SOUTHWEST 1/4 OF SECTION p
35;THENCE NORTHERLY ALONG THE WEST LINE OF pct Heights, Rollin Meadows, Roselle, Schaumburg, Sleepy ollow, South Barrington,
TAN E°Or 1327.68 FEET TO THE NORTHWEST COR-
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NORTHLINE OF SAID SOUTHEAST EASTERLY 14:ALONG T
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ARDSON S SUBDIVISION,ACCORDING TORTHE PILAT g
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THENCE SOUTHERLY ALONG THE WESTERLY LINE _
CREEK THE BEING LOWING 6 COURSES AND°DIS- Cook DuPage Kane Lake McHenry
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e 39 SECONDS EAST, A DISTANCE OF 35.71 FEET; 6)lit leS and State.
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CENTER WEST CORNER OF A SAID RACT OF LAND DFE
SCRIBED AND KNOWN AS LOT 2 IN TESTS SECOND
6P56 T O NENCE SOUTHERLYED AS DDOC WESTERLY to to notices" as amended in 1992 Illinois Compiled-Statutes, Chapter 715,
LINE OF SAID LOT 2,BEING ALSO THE CENTERLINE
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THENCE SOUTH 00 DEGREES 26 MINUTES.WEST,A , 2007 in said DAILY HERALD.
DISTANCE OF 38.3 FEET 3)THENCE SOUTH 26 DE-
GREES 45 MINUTES EASE,A DISTANCE OF 51:9 FEET;
DISTANCE OF 46.251FEETR5)THENCIE SOU��TppH 57 DE
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ERLY 470 OF 50.6 THE 5f)UTHWEST CORNERAOF IEREOF, the undersigned, ,
SAID TRACT KNOWN AS LOT 2,WHICH IS ALSO THE
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SOUTH 69 DEGREES O5 MINUTES WEST LOND THE
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SCRIBED OF SURVEY RECORDED ASNDOCUMENDTENO
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KNOWN AS LOT 1,A DISTANCE OF 387.2 FEET,TO THE
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IN ALEXANDER'S PLAT OF SURVEY,A DISTANCE OF
EST ALONG E CE ITHERLY L NE OF SAIDITRACT BY
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THEREOF. FALLING IN_FPD/BASIC LIFE_A------
Control # T4739828
,s.
VILLAGE OF OAK BROOK
Zoning Board of Appeals
STAFF REPORT
DATE: June 20, 2007
FILE NO: 2007-017-ZO-VAR
DESCRIPTION: Variation to Section 13-3-6B of the Zoning Ordinance to permit an eight
(8) to nine (9) foot high solid fence.
PETITIONER: Brittwood Creek, LLC
900 Oakmont Lane, Suite 110
Westmont, Illinois 60559
LOCATION: Southeast Corner of 35th Street and Route 83.
ADDRESS: NA- Vacant Land
ACREAGE: 56.3 acres
EXISTING ZONING/USE: R-1 and R-2, Single-Family-Detached Residence Districts, undeveloped.
ZONING/USE OF SURROUNDING PROPERTY:
North: R-2, Single-Family Detached Residence District, single-family homes in
the Hunter Trails Subdivision.
South: R-1, Single-Family Detached Residence District, undeveloped land
owned by the DuPage Forest Preserve District.
East: R-1, Single-Family Detached Residence District, the Oak Brook Farms
stable and single-family homes in the Breakenridge Farm Subdivision.
West: R-1, Single-Family Detached Residence District, undeveloped land
owned by the DuPage County Forest Preserve District and Route 83, a
multi-lane major arterial highway
DISCUSSION: Brittwood Creek LLC, the current owner of the approximately 56 acres
known as the Brittwood Creek Subdivision located east of Route 83,
south of 35th Street has submitted a petition seeking approval of variation
to Section 13-3-6B of the Zoning Ordinance to permit the construction of
an eight (8) to nine (9) foot high solid fence along the western boundary
of the subdivision parallel to Route 83.
Aft
STAFF REPORT—VARIATION
BRITTWOOD CREEK LLC—VACANT LAND SE 35TH STREET AND ROUTE 83
CASE Nos.2007-017-ZO-VAR
Both the approved preliminary plat and final plat, which have been
recommended for approval by the Plan Commission, depict a fence
structure along the frontage of Route 83.
Please see the materials provided by the petitioner in the case file for a
more detailed description of the final plat elements.
STAFF COMMENTS: Village Engineer Durfey reviewed the request and stated that there were
not any engineering issues to be considered with the variation request for
the fence. Also contained in the case file is an email from Dale Durfey
with the concerns relayed from the Forest Preserve District of DuPage
County. The applicant has responded to these concerns as well.
RESPONSIBILITIES OF HEARING BODIES:
The Zoning Board of Appeals has the responsibility to make a
recommendation on this request to approve a variation to the Zoning
Ordinance. Please include in your consideration, your findings with
respect to the standards specified in the Zoning Ordinance for a
variation. The materials submitted by the applicant specifically address
each of these standards.
CONCLUSION: If the Zoning Board is of the opinion that the applicant has satisfied the
requirements for a variation, a recommendation would be in order to
approve this request as presented subject to the following conditions:
1. The development shall be in substantial conformance with the plans
as submitted.
2. Notwithstanding the exhibits contained in the case file, the applicant
shall meet all Village ordinance requirements at the time of building
permit application, except as waived or varied.
Respectfully Submitted,
Robert L. Kallied1r., AI
Director of i y Development
2
r .
BRITTWOOD CREEK, LLC
900 Oakmont Lane Ste110, Westmont, IL 60559
Phone: 630-887-9035 *Fax: 630-887-9016
June 21,2007
Village of Oak Brook
Village Board
Zoning Board of Appeals
1200 Oak Brook Road
Oak Brook,IL 60523-2255
Re: Brittwood Creek
Forest Preserve District
Board Members,
This letter is in response to correspondence dated June 15`h from Ross Hill of
DuPage County Forest Preserve,received by Marcia Thomas and the Village of Oak Brook
regarding the concrete retaining wall and fence,mostly along the development's west
boundary line. In the correspondence received,the following summaries Mr.Hill points;
A) Not concerned about the extended height or material of fence.
B) Close proximity,three(3)feet away,with assumption of spread footing.
Answer; The wall will be dug with an oversize trencher, and the bottom four
(4)foot height of wall will be place using a monolithic pour. This is
accomplished by filling the trench with concrete,right up against the earth.
No spread footing is necessary,there does not exist any weight loads on top
of the wall to warrant one. Further,the trench machine is five(5)feet wide,
and the wall being straight,we will be able to install wall with out entering
or disturbing Forest Preserve's property.
C) Wall needs to be constructed with out impending flow and subsurface flow.
Answer; 1) The northern portion of the Forest Preserve's property
currently drains away from the proposed wall, and said
grade to remain.
2) The southern portion of the Forest Preserve's property
currently drains away and the south of our property lines
and proposed wall.
3) The center portion of the Forest Preserve's property
currently accepts drainage from a culvert under Rte 83,
and said drainage continues eastward and onto
Brittwood Creek property by Lot 23. My engineer has
0 •
designed a storm drain to accept water(per the DuPage
County storm regulations), and pipe the water northeast
to pond D. Therefore,no pond or additional
saturation will take place.
In conclusion,there is no negative impact on the Forest Preserve's property,and the
ten(10)feet offset requested is excessive. To provide a little more buffer, and set back,I
will be willing to move the wall so that it is four(4)feet from the property line. Therefore,
any and all future maintenance of the wall can be done with in Brittwood Creek property.
Thank you for your time and consideration.
Sincerely,
Daniel P. Callaghan
Fla-
• � Page 1 of 2
Dale Durfey
From: Ross Hill [rhill @dupageforest.com] (f vu ,
Sent: Friday, June 15, 2007 9:13 AM r � C E pp 2
To: Marcia Thomas �-L-- lJ L5 r
Cc: Kevin Stough; Dale Durfey Ell s I JUN 18 2007
Subject: RE: Brittwood Creek LLC Public Notice n i I
Marcia:
Kevin asked if I would contact the O.B. Village Engineer, Dale Durfey, regarding my concerns, which are not strictly related to the
developer's variance request per se. I am therefore forwarding a copy of this to Dale for his review and comment.
Ross Hill
Project Engineer
Forest Preserve District of DuPage County
(630) 933-7244
CONFIDENTIALITY NOTICE:This e-mail message, including any attachments, is for the sole use of the intended recipient(s)and may
contain confidential, privileged or other information, protected by law.Any unauthorized review, use, disclosure or distribution is
prohibited.If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original
message.
From: Marcia Thomas
Sent: Friday, June 15, 2007 8:50 AM
To: Ross Hill
Subject: RE: Brittwood Creek LLC Public Notice
OK- I'm waiting for other responses. When I have them all, I'll draft something and probably run it by you.
Marcia Thomas
Land Preservation Specialist
Forest Preserve District of DuPage County
(630)933-7684
CONFIDENTIALITY NOTICE:This e-mail message, including any attachments,is for the sole use of the intended recipient(s)and may
contain confidential, privileged or other information, protected by law.Any unauthorized review, use,disclosure or distribution is
prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original
message.
From: Ross Hill
Sent: Friday, June 15, 2007 8:19 AM
To: Marcia Thomas
Cc: MaryEllen Weller; John "Ole" Oldenburg; Leslie Berns; Mike Palaaetti; Kevin Stough; Brent Manning; Bob Vick; Andrea Hoyt
Subject: Brittwood Creek LLC Public Notice
Marcia:
Regarding thee p-Loposed construction of a retaining wall and fence along the entire length of our narrow"panhandle parcel" at Brush
Hill, I hay couple of-major concerns that I think we should express to the Oak Brook ZBA. Quite frankly, I'm not at all concerned
about the variance request for,an extended height of the proposed fence or the fence materials, but the close proximity of the
propo'ed concrete wall to our property will likely create long-term problems for us.
. Per your memo, the concrete retaining wall will be setback only 3 feet from our property line. The typical section doesn't
show the proposed footing for the wall, which I assume will be a spread footing also constructed of concrete, and I am
extremely dubious that this type of wall can be constructed this close to the property line without with disturbing our land.
6/18/2007 /
Page 2 of 2
e The wall
would need to be construl without impeding the natural surface flow"dTrd subsurface flow from our property,
which is generally sloped toward the proposed wall. We cannot have them create drainage obstructions, soil saturation, and
potential wetland emergence on our property, because we bought this 50'-wide strip of land solely for the purpose of future
trail development. Again, per their typical section, I am extremely dubious that they would be able to create a functional
drainage swale within a T-wide setback zone. In order to prevent drainage problems on our property, I think they will need to
install a storm sewer system along the entire west side of the wall, with surface intake structures at all low points in the
horizontal profile. For all this to happen without impacting our property directly, I think the setback of the wall will need to be
10' minimum.
Thanks for the opportunity to comment.
Ross Hill
Project Engineer
Forest Preserve District of DuPage County
(630) 933-7244
CONFIDENTIALITY NOTICE:This e-mail message, including any attachments, is for the sole use of the intended recipient(s)and may
contain confidential, privileged or other information, protected by law.Any unauthorized review, use, disclosure or distribution is
prohibited. if you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original
message.
Forest Preserve District of DuPage County
3 S. 580 Naperville Road • Wheaton, IL 60187-8761 630.933.7200 Fax 630.933.7204 TTY 800.526.0857
VIA FACSIMILE 630-368-5107 and REGULAR MAIL
May 14, 2007
Mr. Robert Kallien, AICP
Director of Community Development
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523-2255
Re: Brittwood Creek Subdivision
Dear Mr. Ks!lien:
The Forest Preserve District of DuPage County recently received notice of the proposed final
approval of a plat of subdivision for Brittwood Creek. We appreciate receiving timely notification of
such projects that may have an impact on our adjacent property, and we thank you for the opportunity
to comment.
The proposed subdivision appears to incorporate the previous suggestions that the District
made with regard to preserving the natural areas along the creek and adjacent to Brush Hill Forest
Preserve. We appreciate the efforts on the part of the developer and the Village to preserve much of
those areas in a natural condition. If so desired, the District would be pleased to provide any
additional assistance in regards to native species or protection of those areas.
In addition, the District understands that the planned retaining wall/berm will not impact the
forest preserve land in any way. The District's engineer is available and willing to review any
additional engineering information in that regard.
We are hopeful that the Village's consideration of this development will help foster the type of
environment that is needed for the success of the plants and wildlife at the adjacent forest preserve.
With this in mind, we anticipate that this preserve will continue to add to the quality of life for the
citizens of Oak Brook and DuPage County residents alike.
Please consider this as my request that this letter be submitted to the Plan Commission at
tonight's meeting.
Sincerely,
Kevin K. Stough, AICP
Director of Land Preservation
cc: Acting Village Manager Horne
Mr. Daniel Callaghan, Brittwood Creek, LLC
Executive Director Manning
President Pierotti
Commissioner Cantore
Deputy Director Vick
Mailing Address: P.O. Box 5000 • Wheaton, IL 60189-5000 www.dupageforest.com
Y? Z4ucO JIAX
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NOTICE IS HEREBYIGIVEN Hearing
that a Public hearing be CERTIFICATE OF PUBLICATION
ore the uPaige and Cookftou ties•I.Ilinois will be held on
Room�e'ButlerOGOVernment Centerl,Viluee o O°rk paddock Publications, Inc.
Brook,1200 of Wnsideri 9dihe�a piica4ion'off t rttwood
The rwrvose esimont,IL
Creek, LC,900 Oakmont Lane, o to 110,W
di nine Ordinance of fhe Village of 0°k Brook,Of 0tlllioofs or Daily Herald
dinance G_60 as amended.
The petitioner is seekinyyehcoostroct on of a Tr xf style
SeCtia(n 13-3.6B to allow th
crate retaining wall adiacent to the Bri�000d Creek Subdi-I
vision we boundary line Parallel to Route 83..
The wrocerty ma be enerally described as approxi-
mutely 56°cres of load,loc°ted south of 35th Street.and
east of Route 83 with the legal desc[ipp'ion os follows:
PARCEL 1: THE NORTHEAST 1/4 OF THE SOU O
aWEST
5oE0 FEE�OF THEINORTHERLY 500 FEET TAHEREOF organized and existing under and by virtue of the laws of the State of Illinois,
SCRIBEDOASXCFOLLOWST COMMENCINGCATI HE g
SOUTHEAST CORNER OF THE NORTHEAST.QUAR-;EBY CERTIFY that it is the publisher of the DAILY HERALD.
TER OF THE SOUTHWEST QUARTER OF SAID SEC-
SECON 5 WESTEALONG THE EAST LINEIOF SAIDAILY HERALD is a secular newspaper and has been circulated daily in the
TNENCEESOUTHA46 DEGREESI6 MINUTE5130 SEC-
OND W80UTHDLITA C THENORTHEASTQUARTERAddison, Algonquin, Arlington Heights, Barrington, Barrington Hills, Bartlett, Batavia,
OF SAID SOUTHWEST QUARTER;THENCE NORTH 88 ' Buffalo Grove, Burlington, Carol Stream, C entersville, Cary, Deer Park, Des Plaines,
DEGREES U MINUTES 14 SECONDS EAST ALONG;
SAID LTO7HE PORNT OF BEGINNING)AALL IN TOWN g
SHIP 39 NORTH, RANGE 11;EAST OF THE THIRD Elburn, Elgin, Elk Grove Village, Fox Lake, Fox River Grove, Geneva, Gilberts, Glen Ellyn,
PRINCIPAL MERIDIAN,,IN.DU PAGE COUNTY,ILL.- g g '
NO.s. hts, Grayslake, Green Oaks, Gurnee, Hainesville,Hampshire,Hanover Park, Hawthorn Woods,
PARCEL 2:THAT PART OF THE SOUTHEAST 1/4.OFr
NORSOUTHWEST NG 11EAST FCTHE THIRD PRrINCIPACL9�
ING ATITHE SOUTHIEAST CORNER FS:AID SOUTH-tes,Huntley,Inverness,Island Lake,Itasca,Keeneyville,Kildeer;Lake Barrington,Lake Villa
WEST lr4 OF SECTION 35; THENCE WESTERLY 115, Lake Zurich, Libertyville, Lincolnshire, Lindenhurst, Lisle, Lombard, Long Grove,
ALONG THE SOUTH LINE OF SAID SOUTHWEST 1/4,A
NI T NTHENC CONT HUING WESTNALONGESAID y
SO5.02 FEET HESOUTHW STI/4ADISTANCEOFDrOS ect,Mundelein,Naperville,North Aurora,North Barrington,Oakbrook,Oakbrook Terrace,
SOUTHEAST 1/40OF THE SOUTHWEST 1/4 OF SECTAON p
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TANCE OF 1327.60 FEET T1/THE NORTHWEST
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T 1/4
NORTH LINE OF SAID SOUTHEASTi%t ALONG ITANCE
OF 930.18 FEET TO THE NORTHWEST CORNER OF LOT tica O s West Dundee, Wheaton,Wheeling, Wildwood, Winfield, Wood Dale, Bensenville
ARDSON S SUBDIVISION,ACCORDING TAO THE PILAT
THEREOF,RECORDED AS DOCUMENT NO .903280;LINE
THENCE SOUTHERLY ALONG THE WE
LLINE _
OF SAID THE'FOLLOWING 9 COURSES AND OF DIS- Cook DllPage Kane Lake McHenry
i EAST A D STANCE OF 21.77 FEET 2R THENMINUTES H
76 DEGREES 3s MINUTES 30 SECONDS EAST,A,DIS-�Iinois, c ontinuously for more than one year prior to the date of the first
GREES 1S MINUTES 90 SECONDS WEST A DISTANCE
r OF 41.82 FEET; 4) THENCE SOUTH 17 DEGREES 46 t MINUTES 30 SECONDS EAST A DISTANCE OF 110.97 a notice hereinafter referred to and is of general circulation throughout said
SEC NDS EASTNAR DISTANCE OF'DEGREES.71 FEET 6)
s DHSTAHCE OF 25.79 FEET EE THENCE SOUT WEST,5 E nty(ie$) and State.
aFEET-8)1THEINCE SOUTH 22 DEGREES 35 MINUTES
CENTERDOF BRIDGE OVFE SAID CREEK SAT THE that the DAILY HERALD is a newspaper as defined in "an Act to revise
NORTHWEST CORNER of A TRACT OF LAND DE-
SCRIBED AND KNOWN AS LOT 2 IN TESTS SECOND
PLAT THENCE SOUTHERLYADLO GDOCUMENT TW RLOY 1ri to notices" as amended in 1992 Illinois Compiled Statutes, Chapter 715,
LINE OF SAID LOT 2 BEING ALSO THE CENTERLINE
OF A CREEK, THE FOLLOWING SEVEN COURSES
AND DISTANCES,1)THENCE SOUTH 30 DEGREES 11 and 5. That a notice of which the annexed printed slip is a true copy, was
MHENCESSOUTH'oo DR DISTANCE 6 OF WEST,A 7 2007 in said DAILY HERALD.
GREES45MINUTES EAST;A DISTANCE OF S WEsT,.; e
DISTANCE OF 46.25 FEET,R5)THENCIE SOUTH 57 DE
VENCE SOUTH i 6)THENCE SOUTH 02 EAST GRE DISTANCE MIUTE'.EST FEET; 7 the said PADDOCK PUBLICATIONS, Inc.,
�- DISTANCE OF 50.6 FEET; 7 THENCE SOUTHEA�T- IEREOF, the undersigned,
ERLY 47.0 FEET TO THE 5CUTHWEST CORNER OF
SAID TRACT KNOWN AS LOT 2,WHICH IS ALSO THE
NORTHEASTERLY COO TD TOE OT I I OZZO SUB-
DIVISION, - ertiftcate to be signed by, this authorized agent, at Arlington Heights,
SOUTDH 69 DEGREES 05 MINUTOES WEST LONO THE
' DISTANCE OF OF SAI 116.45 FEET TO THE NORTHWESTERLY
CORNER OF SAID LOT 1; THENCE SOUTH 24 D
LINE E NOR HWESTCdRNER FATOF T OF LAND DE II
SCRIBED AND KNOWN AS LOT 1 IN ALEXANDER S PADDOCK PUBLICATIONS, INC.
WE 11 ALONG THSOUTH
WE TERLY LINE OF SAID TRACT .i DAILY HERALD NEWSPAPERS
KNOWN AS LOT 1,A DISTANCE OF 387.2 FEET,TO THE
SOUTHWEST CORNER OF SAID TRACT; THENCE
SOUTHERLY LINE OF SAID TRACTS KNOWNAAS LOT 1
IN ALEXANDER'S PLAT OF
SURVEY A DISTANCE OF
LO THE T HEDLNE I
EST AG SOURLYI OF SAID '
TRACT BY
KNOWN O LOT 1,A DISTANCE OF 139.2 FEET TO THE AU rized gent
THEREOFF FALLI_i�G'ING FPD BAS CT•L_IFE AESE55
Control # T4739828
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9CFCOUNT
June-1-5; 2007
Village of
Oak Brook
Dear Resident:
1200 Oak Brook Road
Oak Brook,IL 60523-2255
Website The Oak Brook Zoning Board of Appeals and the Village Board will be considering a
www.oak-brook.org variation at the meetings scheduled on the back of this notice.
Administration
630.368.5000 The application has been filed by: Brittwood Creek LLC
FAX 630.368.5045 900 Oakmont Lane, Suite 110
Westmont, IL 60559
Community
Development
630.368.5101 The property in question is located at: East of Route 83/South of 35th Street
FAX 630.368.5128
Engineering Subdivision: Brittwood Creek Subdivision
Department
630.368.5130
FAX 630.368.5128 Relationship of applicant to property: Owner
Fire Department
630.368.5200 Also shown on the reverse side of this notice is a map* of the area to assist you in
FAX 630.368.5250 determining your relationship to the property in question.
Police Department The request, which has been made, is as follows: The petitioner is seeking the
630.368.8700
FAX 630.3.3 68..8787 39 approval of a variation to Section 13-3-3-6B to allow the construction of a Trex
style eight (8') to nine (9') foot high solid fence on top of a concrete retaining wall
Public Works adjacent to the Brittwood Creek Subdivision western boundary line parallel to
Department Route 83.
630.368.5270
FAX 630.368.5295
Also included in this notice is a map* of the area to assist you in determining your
Oak Brook relationship to the property in question. Attached is a reduced copy of the proposal
Public Library for your convenience.
600 Oak Brook Road The plan can also be viewed on the village website under: Our Village Services,
Oak Brook,IL 60523-2200 Departments, Community Development Department, Planning and Zoning page,
630.368.7700
FAX 630.368.7704 Upcoming Hearings at: wwwmak-brook.orA. If you need help accessing the site,
please call our department at the number below for assistance.
Oak Brook Sports Core
If you desire more detailed information, please contact the Community Development
Bath&Tennis Club Department at 630-368-5103 to review the file on this application.
700 Oak Brook Road
Oak Brook,IL 60523-4600
630.368.6420 Sincerely,
FAX 630.368.6439
Golf Club
2606 York Road Robert allien , AICP
Oak Brook,IL 60523-4602
630.368.6400 Director o ommunity Development
FAX 630.368.6419
RLK/gp
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 Jeffrey Moline, the Village's ADA Coordinator, at 630-368-5022 as soon as
possible before the meeting date.
All meetings are held in the Samuel E. Dean Board Room of the Butler Government Center located
on Oak Brook Road(31st Street) and Spring Road, Oak Brook, Illinois.
Zoning Board of Appeals. . . . . . . . . . . . . . . . . . . . . . 7:30 p.m., Monday, June 25, 2007
Board of Trustees Meeting . . . . . . . . . . . . . . . . . . . 7:30 p.m., Tuesday, July 24, 2007**
**Tentative-Follows the completion of the Zoning Board of Appeals public hearing
- -- � - _..�.,- ---•-"_:� N----. k! ---' '. _ 31st Sl
^_--- _-- `ya Brook �.� - I
in
plays i ' �_ __'•�. 'C
Lakes l �; !7 I• Fullersburg Y�bodg ? 4
' - �]C35TH STREET
MUM ji
LOCATION �,^ f E:
OF I SUBJECT ��,� �5 ` n.`
PROPERTY \�`�J'�.� L.—jai �.�-�' / j°C Ll Li tJ L3 i
34 i Li I I E7
�
► �
I
*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 propert •
Brittwoai Creek-Var Fence.res.ltr.doc
vG� 0 Oqt�90
p
co
C.
O
9
COUNIX,
AGENDA ITEM
Regular Board of Trustees Meeting
of
June 12, 2007
SUBJECT: Referral - Brittwood Creek-Variation—Fence Along Route 83
FROM: Robert L. Kallien, Jr., AICP, Community Development Director
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to refer the request for a Variation to the Zoning Board
of Appeals for public hearing at its June 25, 2007 meeting.
Backeround/History:
Brittwood Creek LLC, the current owner of the approximately 56 acres known as the Brittwood
Creek Subdivision located east of Route 83, south of 35 th Street has submitted a petition seeking
approval of variation to Section 13-3-6B of the Zoning Ordinance to permit the construction of
an eight (8) to nine (9) foot high solid fence along the western boundary of the subdivision
parallel to Route 83.
Recommendation:
Please refer the request for a variation to the June 25, 2007 Zoning Board of Appeals meeting for
I
public hearing.
BOT-Referral-Brittwood Creek-VAR-Fences-2007.doc
1 I
B. Permitted In Required Yards: Accessory uses and structures are permitted in required yards
as follows with the following designations:
F=Yards adjoining streets
S =Interior side yards
R=Rear yards
F S R
Fences, open, and gates,whether or not connected to a X X X
fence,not more than 42 inches in height. Chainlink or
wire fence,where permitted as set forth below, shall be
at least 9-gauge wire, shall be constructed with a top
member or brace with a knuckle design, shall be a wire
material(finished side) facing the neighboring property,
shall be painted or coated in a dark color(e.g.,black,
brown or dark green), shall not include slats and shall be
landscaped with bushes or trees on both sides of the
fence, except for dog runs/kennels,which shall be so j
landscaped on the outside of the fence.
Location Use Of Chainlink Fence
1
Buildable area Not permitted
In any front/side yard Not permitted
2
In any rear yard Permitted with limitations
3
Surrounding subdivisions Permitted with limitations
4
Swimming pools Not permitted
5
Sports courts/fields Permitted with limitations
6
Construction sites Permitted with limitations
7
Road ROW Permitted with limitations
8
t Dog runs/kennels Permitted with limitations
s
13-3-6: ACCESSORY USES AND STRUCTURES: Page 1 of 1
Notes:
1. Exception for dog runs/kennels, as provided herein.
2. 6 foot high chainlink fences only permitted if lot abuts the village's boundary with
another municipality.
3. 42 inch high chainlink fences if landscaped on both sides with year round plantings.
4. Must utilize 6 foot high, nonchainlink fences. Must provide same level of security as
chainlink.
5. Includes courts for tennis, basketball and hockey, and fields for baseball.
6. Temporary use.
7. Located along county, state and federal highways only.
8. Permitted in buildable area only. Nonchainlink fence material is required if located in
any required yard.
In the event that a yard is enclosed with a chainlink fence as of August 12, 2003, and in
the event that 1 side of the fence enclosure is on a neighbor's property and the neighbor
removes the chainlink fence, the owner may continue to en4lose his/her yard with a
chainlink fence by constructing a new fence on the owner's property to replace the fence
removed by the neighbor
/a
pF
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QQOOK
PETITION APPLICATION for
PUBLIC HEARING
ZONING ORDINANCE: ❑ APPEAL ($300) 0 VARIATION ($750)
❑ AMENDMENT ($750) ❑ SPECIAL USE ($750)
STORMWATER ORDINANCE: ❑ VARIATION ($750)
PUBLIC HEARING SIGNS ($50-each lot frontage) ❑ - Enter Number of Street Frontages/Per Parcel
APPLICANT TO COMPLETE �tiws& 1 i �Ya
t' I.Ii[f�lNo jittll X 1 Ira LEIS
2
LOCATION OF
SUBJECT PROPERTY south corner of Rte 83 & 35th StPERMANENT PARCEL NO*. see exhibit attached hereto
LOT NO. SUBDIVISION Brittwood Creek LEGAL ADDRESS*
ZONING DISTRICT ZONING ORDINANCE SECTION 13 — 3 — 6 — B
ACTION REQUESTED see attached Relief section, height, and solid
PROPERTY INTEREST OF APPLICANT: OWNER X CONTRACT PURCHASER AGENT
OWNER(S)OF RECORD Brittwood Creek, LLC PHONE 630-887-9035
ADDRESS 900 Oakmont Lane Ste 110 CITY Westmont STATE IL ZIP 60559
BENEFICIARY(IES)OF TRUST NSA PHONE
ADDRESS CITY STATE ZIP
NAME OF APPLICANT(and Billing Information) Brittwood Creek, LLC PHONE 630-887-9035
ADDRESS 900 Oakmont Lane Ste 110 CITY Westmont STATE IL ZIP60559
Contact Name and E-mail Address(s) Daniel P. Callaghan dcallaghan@callaghanassociates.com
okcertify that all of the above statements and the statements contained in any pap s or plans submitted herewith are true to the best of my(our)
edge and belief. I(w per to a Village to install public hearing ' n ,on the lot fronta f th ov subject property as
n ed in the V Code. Rion t e above fees,applicant agrees to reimbu se the Will ation do within 30 days of billing.
Signat of wner Date Signal 4'of pplicant Date
DO NOT WRITE IN THIS SPACE—FOR OFFICE SE LY
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PUBLIC HEARING Packet-5/1/2007 14!
I
900 Oakmont Lane, Suite 110 Westmont; Illinois 60559
Phone (630) 887-9035 Fax (630) 887-9016
To. Village of Oak Brook
Board of Trustees
Zoning Board of Appeals
Plan Commission
From: Brittwood Creek, LLC
Attorney Walter Morrissey
Re: Application to Request pp q st a Variation
from the Zoning Regulations 13-3-6B
Fence Height and Percentage of Open Area.
Subject: Approximately ect: A roximatel 56 Acres at Route 83 and 35 th Street
Date: May 17, 2007
Dear Board Members,
This request is hereby made for your consideration to allow a subdivision
boundary fence to exceed the current height and percentage of openness currently
allowed in the zoning ordinance. The location for this proposed fence is the
subdivision's west property line, and the west end of the north and south property line, all
of which is adjacent to Route 83. Yes, Route 83. The Illinois Department of
Transportation just raised the daily traffic movements to over 80,000 vehicles per day.
We are all aware of the negative sound and visual impact of Route 83. This variation will
allow us to mitigate a portion of this aspect.
The original design of the sound wall, as approved on the preliminary plat,
showed an earth berm with 1) interlocking retaining wall approximately three ( 3 ) to four
(4) foot in height, along the interior subdivision roadway, 2) concrete retaining wall,
with approximate height between seven( 7 ) and ten( 10 ) foot, and 3) landscaping with
Evergreens, Deciduous trees, and other plantings atop the earth berm. In my review
during the final engineering process, and concerns raised by the Forest Preserve District,
I considered many things 1) the retaining wall along the inner roadway, no matter how
"dressed up", is going to lend itself to a commercial look, something not in character with
the rest of the subdivision of it's "rural"design. 2) earth berm at the height proposed
would look out of balance because of its proposed"quick", unnatural height, and 3)the
concrete wall would be horrendous looking in the event the Forest Preserve District
removed some or most of the vegetation in the Fifty(50) foot access-buffer strip
between Route 83 and the subdivision's west property line.
13.
0
Under the Zoning Regulations Definitions (13-2-2 ), Fence: "Open" and"Solid"
is defined. The Village Code on"Solid" states; "A fence, including gates, which
conceals from view from adjoining properties, streets or alleys, activities conducted
behind it". My interpretation of this definition, leads me to believe those who
intentionally drafted the Zoning Regulations, believed at sometime or another, the use of
a solid fence would be probable for some reason of consideration.
Under the Zoning Regulation Accessory Uses and Structures (13-3-6B)Permitted
in required yards, fences to be not more than 42 inches in height, chain link where
permitted, location for surrounding subdivisions- permitted with limitations for
landscaping on both sides. Exceptions are permitted. This type of allowed fencing
would never diminish the sound and visual impact Route 83 produces. The request for a
solid, earth tone fence of eight( 8 ) to nine (9) foot in height, plus an approximately four
(4) foot high concrete retaining wall adjacent to an earth berm with landscaping.
Therefore, I believe the variance may be granted as follows;
1) The land does not present unusual difficulties to the construction of
a sound and visual barrier to provide some form of separation from
Route 83,
2) The pre-existing condition of Route 83 is not of past or current
owners making,
3) The adherence to the requirement would prevent and/or reduce
unreasonably the ability to gain a fair rate of return,
4) The hardship exists, due to neighboring property usage, and
5) The proposal is in accordance with the intent of the regulations,
and the essential character of the neighborhood will not be
changed.
Further, granting the proposed variance is:
1) Not done because the justification is solely based on the possibility
for profit or
2) The conditions put forth are not essentially the same for most other
properties,
3) The request is not based on personal conditions of my own
making, or
i
4 The variation would not be determined ton neighboring properties,
or
5) The variation will not negatively alter the character of the area.
The proposed variation, as per the points outlined above, as well as the standards,
factors, and other supporting documents included with the application, clearly
demonstrates all the reasoning, conditions, and factors have been met. I respectfully ask
for your sincere consideration on this justifiable request.
Si cerely,
Daniel P. Callaghan
DPC/sp
VILLAGE OF OAK BROOK
APPLICATION FOR VARIATION
DATE: MAY 17, 2007
SUBDIVISION TITLE: BRITTWOOD CREEK
LOCATION: 35th STREET and ROUTE 83
ZONING ORDINANCE: SECTION 13-3-6B
ACCESSORY USES AND STRUCTURES
Variation to Section 13-3-6B (fence)
The Village of Oak Brook on February 27, 2007 recorded Ordinance 2007-ZO-MA-R-S 1180 as
Document Number R2007-035897 to amend the Zoning District Map concerning a parcel of
approximately 28.64 acres located at the southeast corner of Route 83 and 35th Street, Oak
Brook, Illinois. Brittwood Creek, LLC as owner filed its application for final plat approval for
the Brittwood Creek subdivision.
Brittwood Creek is seeking a variance from Zoning Ordinance 13-3-6B to construct Trex style
eight(8)to nine (9) foot height solid wood fence on a berm adjacent to its western boundary line
parallel to Route 83. The fence would be mounted on the concrete retaining wall, which is
generally at the west side of the berm. The east side of the fence would be screened by
occasional parkway trees, shade trees and evergreen trees. The ordinance only allows use of
chain link or wire fences not more than 42 inches in height.
Brittwood Creek is requesting a variance to allow a decorative "Trex" manufactured solid fence,
with a height of eight (8) to nine (9) feet atop concrete wall approximately three (3) to four(4)
feet off the north-westemly, west and south-westemly subdivision property line. A sound and
visual buffer requirement is apparent and justified due to the property proximity to Route 83.
Without the Trex style eight (8) to nine (9) foot solid wood fence, the residents would suffer
unacceptable intrusions of sound and vision.
Section 13-14-61) Variation Standards:
(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 which is located.
The existence of the Route 83 right of way, fifty(50) feet west of our west property line, whose
traffic counts exceed 80,000 traffic movements per day and increasing, negatively impacts a
reasonable return expectation and without some sound and visual mitigation for the single family
Brittwood Creek Village of Oak Brook
May 17, 2007 Application for Variation
Page 2 of 4
sites and future homes abutting the west property line. The Trex style solid wood fence is
compatible with the residential rural setting.
of the owner is due to unique circumstances.
(b) The plight q
The Illinois Department of Transportation has no current published or approved future plans for
widening of Route 83 adjacent to the property in question. As such, no sound walls are
proposed for installation as;
1) exists for other Oak Brook property adjacent to other high
traffic right of ways, such as I-294 and
2) walls proposed for I-88 along Ginger Creek and Brook Forest
subdivisions.
This unique circumstance requires sound control and visual buffering to take place on private
property within the Village. Further, the design approved with the preliminary plat provided for
a commercial style sound buffer. Block retaining walls were proposed with and adjacent to the
interior subdivision loop road, as well as a tall eight(8) to nine (9) foot height concrete wall
approximately three (3) to four(4) foot off the subdivisions property line adjacent to the Forest
Preserve property. This proposed buffer while effective would present a commercial aspect in an
otherwise rural styled development.
(c) The variation, if granted, will not alter the essential character of
the locality.
The variation, if granted, will not alter the essential character of the locality, where as other
taller, less attractive walls exist in right of way boundaries. The style and earth tone brown color
of the fencing blends well with the forestry on the west, and proposed plantings to the east.
Further, other area residents will benefit from the proposed wall. Some have noted an increase in
noise when the majority of buckthorn was removed, depleting vegetation, screening, and noise
abatement.
(2) (a) The particular physical surroundings, shape, or topographical
conditions of the specific property involved would bring a
particular hardship upon the owner as distinguished from a mere
inconvenience if the strict letter of the regulations were to be
carried out.
Cl:
Brittwood Creek Village of Oak Brook
May 17, 2007 Application for Variation
Page 3 of 4
The existence of Route 83 right of way 50, (fifty) feet west of the subdivision's west property
line,with over 80,000 traffic movements per day and increasing,provides a particular hardship if
a sound and visual control was not implemented. The current strict regulations provide for an
open style chain link fence limited to 42 inches in height which in no way would provide for any
level of noise reduction or sight obstruction as the proposed fence would provide.
(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.
The condition of other zoning of the same classifications would not be the same due to the lack
of existence of a major through fare such as Route 83 with 80,000 plus movements per day. The
majority of R-1 zoning within the Village does not boarder traffic impact of this degree, except
for the properties by I-294, which have sound walls constructed on tollway property directly
adjacent to them.
(c) The granting of the variation will not be determined to the public
welfare or injurious to other property or improvements in the
neighborhood in which the property is located.
Granting of the variation will be beneficial to the public welfare for those future residents of the
new subdivision, as well as existing nearby residents,by providing a sound and aesthetically
pleasing visual barrier with a collection of components; earth berms with landscaping, concrete
retaining wall, and eight(8)to nine (9) foot height solid"Trex"material fencing. The
installation of the fence, with the barrier being proposed, will not be injurious to other property
which is mostly comprised of Forest Preserve property, Route 83, and the Village boundary for
Westmont. Property values will be maintained if the proposed variation is accepted.
(d) The proposed variation will not impact 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.
The proposed variation will not impair adequate supply of light and air since the solid fence
height is only eight (8) to nine (9) foot in height with a fifty(50) foot buffer of Forest Preserve
on the west, and a twenty-five (25) to thirty-five (35) foot earth berm to the east. The fence will
not increase the danger of fire; the fence is manufactured with mostly recycled plastic with
minimal wood fiber for aesthetics. The fence will not impair public safety, and a section of
Cz
Village o Oak Brook
Brittwood Creek g f
May 17, 2007 Application for Variation
Page 4 of 4
fence will be able to be knocked down, with the similar force required to break in a front door.
The fence will not diminish or impair property values, but maintain what the value is expected to
be. A solid sound and visual barrier with an eight (8) to nine (9) foot height fence, with
landscape screening provided to the east and a fifty(50) foot Forest Preserve wooded buffer to
the west, allows the fence of a earth tone brown to blend with the existing and proposed
surroundings.
(e) That the purpose of the variation is not based exclusively upon a
desire to make more money out of the property.
The purpose of the proposed variation is to maintain a considered value that the property is
expected to have, and to maintain the considered value for the owners and Village residents in
the future. The existence of Route 83 right of way fifty (50) feet west of the subdivision's west
property line, warrants the acceptance of the proposed barrier with an eight (8) to nine (9) foot
height fence, to provide some form of sound and visual barrier between the subdivision property
and Route 83.
(f) That the alleged difficulty or hardship has not been created by
any person presently having an interest in the property.
The difficulty and hardship, which is due to Route 83 existing fifty(50) feet west of the
subdivision's west property line, was not created by the current or past owners of this property.
The existence of Route 83, and it's past and future expansion, is a result of population and the
roads usage increase. The proposed barrier with Trex style fence and a bermed area with
landscaping will provide a friendly habitat for birds and other wildlife.
Brittwood Creek believes that the Trex style solid wood fence would satisfy the so-called
LaSalle Factors for the reason stated hereafter.
The requested variation for the solid wood fence will serve and act as a visual and sound barrier
to Route 83 thereby benefiting the residents of Brittwood and other nearby residents.
�3.
NAMES OF SURROUNDING PROPERTY OWNERS
Following are the names and addresses of all surrounding property owners from the property in question for a distance of
approximately 250 feet in all directions. The number of feet occupied 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.
Note: The people on this list will be notified by mail with the information about your request and the meeting schedule.
PROPERTY NAME OF PROPERTY MAILING ADDRESS OF PROPERTY ADDRESS PAPZCEL
OWNER
SEE ATTACHED LIST
I
(Attach additional sheets if necessary)
PUBUC HEARING Packet-6/1/2007 ��
#06-35-301-007 138 0#06-35-301-008 Breakenrid a Farm 141 Breakenrid a Farm 0406-35-301-010 t g g 1201 35 S .
Mr.Fred Iozzo 141 Breakenridge Farm LLC Oak Brook Bank Trust#2468
138 Breakenridge Farm 141 Breakenridge Farm 120135"St.
Oak Brook,IL 60523 Oak Brook,IL 60523 Oak Brook,IL 60523
#06-35-301-011 120135`St. #06-35-301-012 Route 83 #06-35-301-013 Route 83
Oak Brook Bank Trust#2469 Forest Preserve District DuPage Forest Preserve District DuPage
1201 35s'St. Land Preservation/Karen Zilly Land Preservation/Karen Zilly
Oak Brook,EL 60523 P.O.Box 5000 P.O.Box 5000
Wheaton,IL 60189 Wheaton,II,60187
#06-35-301-017 78 Breakenridge Farm #06-35-302-001 78 Breakenridge Farm #06-35-302-003 86 Breakenridge Farm
Anthony J.Pasquinelli Mr,Anthony J.Pasquinelli Kathleen A.Skinner Trust
78 Breakenridge Farm 78 Breakenridge Farm P.O.Box 1166
Oak Brook,IL 60523 Oak Brook,IL 60523 Wayne,IL 60184
#06-35-400-001 1155 351 St. #06-35-400-002 1105 35'St. #06-35-400-007 40 Breakenridge Farm
Constance T.Keller John B.Templeton Jr. Mr.&Mrs.John&Susan Nalbach
1155 35h St. 1105 35's St. 40 Breakenridge Farm
Oak Brook,IL 60523 Hinsdale,IL 60523 Oak Brook,IL 60523
#06-35-400-010 66 Breakenridge Farm #06-35-400-012 178 Breakenridge Farm #06-35-400-026 34 Breakenridge Farm
LaSalle Trust#120903 Mrs.Debra Palumbo Mr.&Mrs.Joseph&Maureen Perri
135 S.LaSalle Ste 2500 38 Sawgrass Dr. P.O.Box 3038
Chicago,IL 60603 Lemont,IL 60439 Oak Brook,IL 60523
#06-35-400-028 36 Breakenridge Farm #06-35-400-031 94 Breakenridge Farm #06-35-106-003 803 Deer Trail Lane
First Bank of Oak Park Chicago Title#1086840 Mr.&Mrs.George&Virginia Hlavac
36 Breakenridge Farm P.O.Box One 803 Deer Trail Lane
Oak Brook,IL 60523 Oak Brook,IL 60523 Oak Brook,IL 60523
#06-35-106-004 801 Deer Trail Lane #06-35-107-001 701 Deer Trail Lane #06-35-107-002 703 Deer Trail Lane
Jeannie C.Su Trust Mr.&Mrs.Thomas&Lisa Cox Rajan&Mintu Sharma
801 Deer Trail Lane 701 Deer Trail Lane 703 Deer Trail Lane
Oak Brook,IL 60523 Oak Brook,IL 60523 Oak Brook,IL 60523
#06-35-107-003 705 Deer Trail Lane #06-35-107-004 707 Deer Trail Lane #06-35-100-008 3100 St.Paschal Dr.
Athimoolam Naidu Trust Mr.Ronald B.Ferrin Forest Preserve District DuPage
705 Deer Trail Lane 2215 York Rd.#209 Land Preservation/Karen Zilly
Oak Brook,IL 60523 Oak Brook,IL 60523 P.O.Box 5000
Wheaton,IL 60189
#06-35-100-009 3400 St.Paschal Dr. #06-35-300-003 Rte 83&35� St. #06-35-303-002 900 Oakmont Ln
Forest Preserve District DuPage D&B Investments Sun Life Assurance
Land Presrvation/Karen Zilly 999 Oakmont Plaza Dr.#130 1 Sun Life Executive
P.O.Box 5000 Oak Brook,IL 60523 Wellesley Hills,MA 02481
Wheaton,IL 60189
I
#06-35-303-006 1010 Executive Ct. #06-35-303-007 100 8 Quail Ridge #06-35-303-008 100 8 Quail Ridge
Quail Ridge Dr.Investors
Executive Court,LLC 242 Trumbull St. Quaff Ridge Dr.Investors
P.O.Box Hartford CT 06103-1205 P.O.Box 130156
,
Carlsbad,CA 92013 Carlsbad,CA 92013
#06-35-305-002 Pasquinelli Dr. #06-35-305-003 999 Oakmont Ctr #06-35-400-029 82 Breakenridge
Christopher J.Pappas Sun Life Assurance Co. Alex&Sheila McClement
645 Heights Blvd 1 Sun Life Executive P.O.Box 4761
Houston,TX 77007-2523 Wellesley Hills,MA 02481 Oak Brook,IL 60523
#06-35-404-004 44 Breakenridge Farm #06-35-104-005 806 Deer Trail Lane #06-35-104-007 802 Deer Trail Lane
Mr.&Mrs.Douglas&Dorothy Vanera Isabelo Bungcayao Trust Barry P.Donal Jr.
44 Breakenridge Farm 806 Deer Trail Lane 802 Deer Trail Lane
Oak Brook,II,60523 Oak.Brook,IL 60523 Oak Brook,IL 60523
#06-35-104-008 116 Indian Trail Rd #06-35-105-006 702 Deer Trail Lane #06-35-105-009 119 Indian Trail Lane
Azizur R.Arain Heritage Standard Bank Trust#9793 Mr.&Mrs.Edward&Rosemary Cox
116 Indian Trail Rd 702 Deer Trail Lane 119 Indian Trail Lane
Oak Brook,IL 60523 Oak Brook,IL 6023 Oak Brook,IL 60523
#06-35-106-001 807 Deer Trail Lane #06-35-106-002 100 Indian Trail Rd. #06-35-104-006 5100 Main St.
Oak Brook Bank Trust#2379 Hunter Trails Kovacevic Trust#2078
807 Deer Trail Lane 211 W.Chicago Ave.#10 135 S.LaSalle St. Ste 2500
Oak Brook,IL 60523 Hinsdale,IL 60521-3308 Chicago,IL 60603-4111
Z
• Certification i
Surrounding Property Owners
I (we) certify that the names and addresses of all the surrounding property owners including mailing
labels submitted with this application are located within a minimum distance of 250 feet in all
directions from the perimeter of the subject property and that the number of feet occupied by all
public roads, streets, alleys, and public ways has been excluded in computing the 250-foot
requirement.
'Said names and addresses are as recorded in the office of the County Recorder of Deeds (or the
Registrar of Titles of the County) and as appear from the authentic tax records of this County. The
property owners as listed have been obtained from the Township Assessors office within 30 days of
the filing of this application.
The surrounding property owners list as submitted herewith and supporting attachments are true to
the best of my (our) knowledge and belief.
I (we) give permission to the Village to install public hearing sign(s) on the lot frontages of the
subject property as described in the Village Code. In addition to the required application fees,
applicant/owner agrees to reimburse the Village for publication costs, recording fees, and any other
associated costs or fees within 30 days of billing.
B TTWOOD CREEK, LLC BR , TWOOD CREEK, LLC
Printed ; '1 Printed N PPIi ...
I
5/17/07 '` 5/17/07
Signature of n Date ignature of Opli nt —Date---
41" 1 f J.py. f
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! p q f S
1f .r "4efrF Y#i 'b ,k'tl+f. . flfv S:.'7 fV 0a FFI �1 'i# fiYu; ; y
BRITTWOOD CREEK, LLC LAURA ANIBALLI 630-887-9035
Print Name/Company Contact Person Contact Phone
900 OAKMONT LANE, SUITE 110 WESTMONT, IL 60559 630-887-9666
Address To be Billed Alternate Phone
NOTE: If the applicant/owner has not complied with these requirements and notification has not
been sent to a neighboring property owner within the 250-foot requirement less than 10 days prior
to the scheduled hearing, the hearing on this matter will be postponed to the next regular meeting,
or until such time as all neighbors within the 250-foot requirement have been sent proper
notification.
PUBLIC HEARING Packet-5/1/2007 ��
S ct Property Vedfica n
omplete a separate form for each P.I.N.)
1. Permanent Index Number (P.I.N. from Real Estate Tax Bill): SEE ATTACHED EXHIBIT WITH P.I.N. (S)
2. Common Address: 35th Street and Route 83, Oak Brook, Illinois 60523
3. Type the Complete Legal Description Below. (Attach a separate page if longer than the area provided)
4. Email the Legal Description to gpolaneka-oak-brook.org
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: Andrea Robert
Date called:`' 'May 11, 2007
I verify that the information provided above is accurate.
Laura P. Aniballi ��G,�.� -c
Printed Name Signature
Date: May 11, 2007 Relationship to Applicant: Account Executive
__......_._............__.._.__............_ _ __. _ __..__ ___ ...... ..... _.._.... ...._......_ ......_._ ........... _.........
v
z
PUBLIC NEARING Packet-6/1/2007
VILLAGE OF OAK BROOK
LEGAL DESCRIPTION
PARCEL 1: THE NORTHEAST 114 OF THE 1/4 OF SECTION 35 (EXCEPT THE
EASTERLY Y 450.0 FEET OF THE NORTI3ERL.Y 500 FEET THEREOF AND ALSO EXCEPT THAT PART OF
PARCEL 1 DESCRIBED AS FOLLOWS: Cohoa LACING AT THE SOUTHEAST CORNER OF THE
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 35;THENCE NORTH 01
DEGREES 09 NTINUPES 00 SECONDS WEST ALONG THE EAST LINE- OF SAID SOUTHWEST
QUARTER, A DISTANCE OF 170AI FEET; THENCE SOUTH 46 DEGREES 16 MINUTES 30 SECONDS
WEST, A DISTANCE OF 240.47 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST
QUARTER OF SAID SOUTHWEST QUARTER; THENCE NORTH 88 DEGREES 12 MDRITES 14
SECONDS EAST ALONG SAID LAST DESCRIBED LINE,A DISTANCE OF 170AI FEET TO THE POINT
OF BEGINNING) ALL IN TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL,
MERIDIAN,IN DU PAGE COUNTY,ILLINOIS.
PARCEL 2: THAT PART OF TILE SOUTEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35,
TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRI NCTPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4 OF SECTION
35;THENC E WESTERLY ALONG THE SOUTH LINE OF SAID SOUTHWEST 1/4,A DISTANCE OF 299.6
FEET FOR A POINT OF BEGINNING. THENCE CONTINUING WEST ALONG SAID SOUTH LINE OF
SAID SOUTHEAST 1/4, A DISTANCE OF 1025.02 FEET TO THE SOUTHWEST CORNER OF SAID
SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35;THENCE NORTHERLY ALONG THE WEST
LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, A DISTANCE OF 1327.68 FEET TO THE
NORTHWEST CORNER OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 114 OF SECTION 35;TTIENCE
EASTERLY ALONG THE NORTH LINE OF SAID SOUTHEAST 1/4. A DISTANCE OF 930.I8 FEET TO
THE NORTHWEST CORNER OF LOT 1, IN THE CENTER OF A CREEK, IN PIERCE RICHARDSON'S
SUBDIVISION, ACCORDING TO THE PLAT THEREOF-RECORDED AS DOCUMENT NO903280;
THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 1, BEING ALSO THE
OF A CREEK, THE FOLLOWING 8 COURSES AND DISTANCES: 1)THENCE SOUTH 11
DEGREES 09 MINUTES EAST, A DISTANCE OF 21.77 FEET, 2) THENCE SOUTH 76 DEGREES 35
MR41MS 30 SECONDS EAST, A DISTANCE OF 78.66 FEET; 3) THENCE SOUTH 29 DEGREES 15
MINUTES 30 SECONDS WEST, A DISTANCE OF 41.82 FEET; 4) THENCE SOUTH 17 DEGREES 46
MINUTES 30 SECONDS EAST, A DISTANCE OF 110.97 FEET; 5) THENCE NORTH 81 DEGREES 46
MINUTES 39 SECONDS EAST, A DISTANCE OF 35.71 FEET; 6) THENCE SOUTH 19'DEGREES 40
M MUTES WEST,A DISTANCE OF 25.79 FEET;7)THENCE SOUTH 25 DEGREES 41 M NUTES EAST,A
DISTANCE OF 47.97 FEET;8)THENCE SOUTH 22 DEGREES 35 MINIMS WEST,A DISTANCE OF 45.49
FEET TO A CROSS IN THE CENTER OF BRIDGE OVER SAID CREEK,AT THE NORTHWEST CORNER
OF A TRACT OF LAND DESCRIBED AND KNOWN AS LOT 2 IN TESTS SECOND PLAT OF SURVEY,
RECORDED AS DOCUMENT NO. 656333; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF
SAID LOT 2,BEING ALSO THE CENIERLIWE OF A CREEK,THE FOLLOWING SEVEN COURSES AND
DISTANCES: 1) THENCE SOUTH 30 DEGREES 11 MINUTES WEST, A DISTANCE OF 49.80 FEET; 2)
THENCE SOUTH 00 DEGREES 26 MINUTES WEST,A DISTANCE OF 38.3 FEET;3)THENCE SOUTH 26
DEGREES 45 MINUTES EAST, A DISTANCE OF 519 FEET; 4) THENCE SOUTH 19 DEGREES 13
MINUTES WEST,A DISTANCE OF 4625 FEET;5)THENCE SOUTH 57 DEGREES 57 MINUTES EAST,A
DISTANCE OF 50.2 FEET; 6)THENCE SOUTH 02 DEGREES 41 AM4UUTES EAST,A DISTANCE OF 50.6
FEET; 7) THENCE SOUTHEASTERLY 47.0 FEET TO TEE SOUTHWEST CORNER OF SAID TRACT
KNOWN AS LOT 2, WHICH IS ALSO THE NOTHEASTTRLY CORNER OF LOT 1 IN IOZZO
SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT NO. 866-34631;
THENCE SOUTH 69 DEGREES 05 MINUTES WEST ALONG THE NORTH LINE OF SAID LOT 1 IN
IOZZO SUBDIVISION, A DISTANCE OF 116.45 FEET TO THE NORTHWESTERLY CORNER OF SAID
LOT 1;THENCE SOUTH 24 DEGREES 22 MINUTES WEST ALONG THE WESTERLY LINE OF SAID LOT
1,A DISTANCE OF 318.33 FEET TO THE NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED
AND KNOWN AS LOT 1 IN ALEXANDER'S PLAT OF SURVEY, RECORDED AS DOCUMENT NO
Page 2 of 2
601838; THENCE SOUTH 23 DEGREES 32 MINUTES WEST ALONG THE WESTERLY LINE OF SAID
TRACT KNOWN AS LOT 1, A DISTANCE OF 3872 FEET, TO THE SOUTHWEST CORNER OF SAID
TRACT; THENCE SOUTH 76 DEGAS 49 MINUTES EAST ALONG A SOUTHERLY LINE OF SAID
TRACT, KNOWN AS LOT 1, IN ALEXANDER'S PLAT OF SURVEY, A DISTANCE OF 146.0 FEET;
THENCE SOUTH 70 DEGREES 43 MINUTES EAST ALONG THE SOUTHERLY LINE OF SAID TRACT
KNOWN AS LOT 1,A DISTANCE OF 139.2 FEET TO THE POINT OF BEGINNING,(EXCEPT THAT PART
THEREOF FALLING IN FPD/BASIC LIFE ASSESSMENT PLAT RECORDED AS DOCUMENT R2003-
121963)
PARCEL 3: THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 35,
TOWNSHIP 39 NORTH,RANGE 11 EAST OF TEE THIRD PRINCIPAL MERIDIAN WHICH LIES SOUTH
OF THE SOUTH LINE OF 35 TH STREET AND EAST OF THE EASTERLY LINE OF 1LU NOIS ROUTE 83,
(EXCEPT THAT PART THEREOF FALU NG IN FPD/BASIC LIFE ASSESSMENT PLAT RECORDED AS
DOCUMENT R2003-121963)
ALL IN DUPAGE COUNTY,1111 LAOIS.
I
1126
BRIDGEVIEW BANK GROUP
BRITTWOOD CREEK, LLC BRIDGEVIEW,ILLINOIS 60455
900 OAKMONT LANE,SUITE 110 70-2356-719
WESTMONT,IL 60559
DATE 5/17/07 AMOUNT
$750.00
0
PAY SEVEN HUNDRED FIFTY DOLLARS & 00/100.. . ...... . . ..... ............... ....... ............
9
TO THE -
F nFir)rR 1127
BRIDGEVIEW BANK GROUP
BRITTWOOD CREEK, LLC BRIDGEVIEW,ILLINOIS 60455
900 OAKMONT LANE,SUITE 110 70-2356-719
WESTMONT,IL 60559 DATE 5/17/07
AMOUNT
0
$100.00 16
0
PAY ONE HUNDRED DOLLARS & 00/100.............. . ................ ........... .. ..........
TO THE
ORDER r
OF VILLAGE OF OAK BROOK
N
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I CHECK $ CHECKS $ CASH INV# DATE NAME G.L.ACCOUNT# DESCRIPTION
1 NUMBER
INVALID
A VILLAGE OF OAK BROOK S GINATTURE
o, DEPARTMENT OF COMMUNITY DEVELOPMENT B 15563
0
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
PHONE: (630)990-3045
RETAIN THIS RECEIPT
FOR YOUR RECORDS
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ASSOCIATES,INC.
COtaMT01 ENGINEERS SCMN MRSURVEV0tS
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126 SOUTH THQtD SfXWr 35701 WEST AVENUE, SUM 150
ffiVBVA,IId IIQOL4 60134 AVARRENVILLE,ELLINOIS 60555
(630)2628689 PHONE(630)393-3060 1
?AX(630)262 8698 FAX(630)393-2152
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119 E T
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FOR cI.ARIn oo \ Sig AT S TRMS(rMgGAU
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EMTING FOREST PIESERVE TREX FENOINO °
TREES ARE NOT SNOWN (0'ABOVE WALU O
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SCALE: 1/411= 1'-0"
EVEIimm was 0'-117
TREES SHOWN AT APPRO:IIMP.TE
51g AT INSTALLAnON
POR cl.Awn -�
EASnM FOREST PRESERVE rmw-AY TREE 0"%,1)
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OR BWAU
ROUTE 83 BUFFER DETAIL (PREVIOUS PLAN)
SCALE: 1/411- 1'-0e1
MAY 9,2007
BRITTWOOD CREEK L.L.C.
900 OAKMONT LANE, SUITE 'I 10
WESTMONT, IL 60559
PREPARED BY:IVES/RYAN GROUP,INC.
BRITTWOOD CREEK BUFFER EXHIBITm 'I
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1 EVERGREEN TREES
e O DOUBLE POW(0'-117 FOREST PRESERVE TREE
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DEG.1 EVERBN.%mm,PERENNIALS,
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ROUTE 83 BUFFER ELEVATION (PROPOSED PLAN)
LOOKING WEST TOWARDS ROUTE 83
SCALE: 11411= 1 1-011
oGGAS1aNAL SHADE
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SIZE AT INSTALLATION
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TREX FENGIN6
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EXISTING FOREST PRESERVE
TREES ARE NOT SFIOYN
ROUTE 83 BUFFER ELEVATION (PROPOSED PLAN)
LOOKING EAST TOWARDS SITE
SCALE: 11411= 11-011
MAY 9,2007
BRITTWOOD CREEK L.L.C.
900 OAKMONT LANE, SUITE 1 10
WESTMONT, IL 60559
PREPARED BY:IYEs/RYAN GROuP,1NC.
BRITTWOOD CREEK BUFFER EXHIBiTow2
Ordinance 2007- ZO- SD -V -S -1201
Granting Fence Var
Brittwood Creek Sbdvsn
(S E Corner Rt 83 & 35`h St,
Oak Brook, IL 60523 - (06 -35- 301 -014,
06 -35- 301 -015, 06-35-301-016
Page 2 of 5
Creek Homeowner's Association, or such other homeowner's association as may be established to
govern the Property, shall purchase, plant, and maintain in healthy condition, according to best
horticultural practices, ivy -type vegetation that would grow along the exterior portions of the fence facing
Route 83
Section 6: Prior to the issuance of any building permit for installation of any portion of the
fence, the Applicant shall have received approval of the Village Engineer of a final engineering plan in
accordance with all applicable laws and regulations
Section 7: The Property shall comply at all times with all applicable federal, state and Village
statutes, ordinances, resolutions, rules, codes, and regulations, including building, electrical, and fire
prevention codes Notwithstanding the exhibits contained in the case file, the Property shall be in
compliance with all Village ordinance requirements in the building permit process except as specifically
varied or waived
Section 8. This Ordinance is limited and restricted to the Property, as legally described in
Exhibit A
Section 9* All ordinances or parts of ordinances in conflict with this Ordinance are hereby
repealed to the extent of the conflict.
Section 10 Upon failure or refusal of the Applicant or any of its officers, employees, or agents,
to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the variation
granted in this Ordinance shall, at the sole discretion of the President and Board of Trustees of the
Village, by ordinance duly adopted, be revoked and become null and void.
Section 11: The privileges, obligations and provisions of each and every section of this
Ordinance are for and shall inure to the benefit of and shall run with and bind the Property, unless
otherwise explicitly set forth in this Ordinance
Section 12: Nothing in this Ordinance shall create, or shall be construed or interpreted to create,
any third party beneficiary rights
Section 13. This Ordinance shall be in full force and effect from and after its passage, approval
and publication as required by law.
APPROVED THIS 14th day of August, 2007.
Ordinance 2007- ZO- SD -V -S -1201
Granting Fence Var
Brittwood Creek Sbdvsn
(S E Corner Rt 83 & 35`h St,
Oak Brook, IL 60523 - (06 -35- 301 -014,
06 -35- 301 -015, 06 -35- 301 -016)
Page 4 of 5
EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1: THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35 (EXCEPT THE
EASTERLY 450 0 FEET OF THE NORTHERLY 500 FEET THEREOF AND ALSO EXCEPT THAT
PART OF PARCEL 1 DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHEAST CORNER
OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 35, THENCE
NORTH 01 DEGREES 09 MINUTES 00 SECONDS WEST ALONG THE EAST LINE OF SAID
SOUTHWEST QUARTER, A DISTANCE OF 170 41 FEET, THENCE SOUTH 46 DEGREES 16
MINUTES 30 SECONDS WEST, A DISTANCE OF 240 47 FEET TO A POINT ON THE SOUTH LINE
OF THE NORTHEAST QUARTER OF SAID SOUTHWEST QUARTER, THENCE NORTH 88
DEGREES 12 MINUTES 14 SECONDS EAST ALONG SAID LAST DESCRIBED LINE, A DISTANCE
OF 170 41 FEET TO THE POINT OF BEGINNING) ALL IN TOWNSHIP 39 NORTH, RANGE 11, EAST
OF THE THIRD PRINCIPAL MERIDIAN, IN DU PAGE COUNTY, ILLINOIS
PARCEL 2: THAT PART OF THE SOUTHEAST 114 OF THE SOUTHWEST 1/4 OF SECTION 35,
TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4 OF
SECTION 35,THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SOUTHWEST 1/4, A
DISTANCE OF 299 6 FEET FOR A POINT OF BEGINNING, THENCE CONTINUING WEST ALONG
SAID SOUTH LINE OF SAID SOUTHEAST 1/4, A DISTANCE OF 1025 02 FEET TO THE
SOUTHWEST CORNER OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35,
THENCE NORTHERLY ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST
1/4, A DISTANCE OF 1327 68 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST 1/4 OF
THE SOUTHWEST 1/4 OF SECTION 35,THENCE EASTERLY ALONG THE NORTH LINE OF SAID
SOUTHEAST 1/4 A DISTANCE OF 930 18 FEET TO THE NORTHWEST CORNER OF LOT 1, IN THE
CENTER OF A CREEK, IN PIERCE RICHARDSON'S SUBDIVISION, ACCORDING TO THE PLAT
THEREOF RECORDED AS DOCUMENT NO 903280, THENCE SOUTHERLY ALONG THE
WESTERLY LINE OF SAID LOT 1, BEING ALSO THE CENTERLINE OF A CREEK, THE FOLLOWING
8 COURSES AND DISTANCES 1) THENCE SOUTH 11 DEGREES 09 MINUTES EAST, A DISTANCE
OF 21 77 FEET, 2) THENCE SOUTH 76 DEGREES 35 MINUTES 30 SECONDS EAST, A DISTANCE
OF 78 66 FEET, 3) THENCE SOUTH 29 DEGREES 15 MINUTES 30 SECONDS WEST, A DISTANCE
OF 41 82 FEET, 4) THENCE SOUTH 17 DEGREES 46 MINUTES 30 SECONDS EAST, A DISTANCE
OF 110 97 FEET, 5) THENCE NORTH 81 DEGREES 46 MINUTES 39 SECONDS EAST, A DISTANCE
OF 35 71 FEET, 6) THENCE SOUTH 19 DEGREES 40 MINUTES WEST, A DISTANCE OF 25 79
FEET, 7) THENCE SOUTH 25 DEGREES 41 MINUTES EAST, A DISTANCE OF 47 97 FEET, 8)
THENCE SOUTH 22 DEGREES 35 MINUTES WEST, A DISTANCE OF 45 49 FEET TO A CROSS IN
THE CENTER OF BRIDGE OVER SAID CREEK, AT THE NORTHWEST CORNER OF A TRACT OF
LAND DESCRIBED AND KNOWN AS LOT 2 IN TESTS SECOND PLAT OF SURVEY, RECORDED AS
DOCUMENT NO 656333, THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 2,
BEING ALSO THE CENTERLINE OF A CREEK, THE FOLLOWING SEVEN COURSES AND
DISTANCES 1) THENCE SOUTH 30 DEGREES 11 MINUTES WEST, A DISTANCE OF 49 80 FEET,
2) THENCE SOUTH 00 DEGREES 26 MINUTES WEST, A DISTANCE OF 38 3 FEET, 3) THENCE
SOUTH 26 DEGREES 45 MINUTES EAST, A DISTANCE OF 51 9 FEET, 4) THENCE SOUTH 19
DEGREES 13 MINUTES WEST, A DISTANCE OF 46 25 FEET, 5) THENCE SOUTH 57 DEGREES 57
MINUTES EAST, A DISTANCE OF 50 2 FEET, 6) THENCE SOUTH 02 DEGREES 41 MINUTES
EAST, A DISTANCE OF 50 6 FEET, 7) THENCE SOUTHEASTERLY 47 0 FEET TO THE
SOUTHWEST CORNER OF SAID TRACT KNOWN AS LOT 2, WHICH IS ALSO THE
NORTHEASTERLY CORNER OF LOT 1 IN IOZZO SUBDIVISION, ACCORDING TO THE PLAT
Ordinance 2007- ZO- SD -V -S -1201
Granting Fence Var
Brittwood Creek Sbdvsn
(S E Corner Rt 83 & 35th St,
Oak Brook, IL 60523 - (06 -35- 301 -014,
06 -35- 301 -015, 06 -35- 301 -016)
Page 5 of 5
THEREOF RECORDED AS DOCUMENT NO R66- 34631, THENCE SOUTH 69 DEGREES 05
MINUTES WEST ALONG THE NORTH LINE OF SAID LOT 1 IN IOZZO SUBDIVISION, A DISTANCE
OF 116 45 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 1, THENCE SOUTH 24
DEGREES 22 MINUTES WEST ALONG THE WESTERLY LINE OF SAID LOT 1, A DISTANCE OF
318 33 FEET TO THE NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND KNOWN
AS LOT 1 IN ALEXANDER'S PLAT OF SURVEY, RECORDED AS DOCUMENT NO 601838,
THENCE SOUTH 23 DEGREES 32 MINUTES WEST ALONG THE WESTERLY LINE OF SAID TRACT
KNOWN AS LOT 1, A DISTANCE OF 387 2 FEET, TO THE SOUTHWEST CORNER OF SAID TRACT,
THENCE SOUTH 76 DEGREES 49 MINUTES EAST ALONG A SOUTHERLY LINE OF SAID TRACT,
KNOWN AS LOT 1, IN ALEXANDER'S PLAT OF SURVEY, A DISTANCE OF 146 0 FEET, THENCE
SOUTH 70 DEGREES 43 MINUTES EAST ALONG THE SOUTHERLY LINE OF SAID TRACT KNOWN
AS LOT 1, A DISTANCE OF 139 2 FEET TO THE POINT OF BEGINNING, (EXCEPT THAT PART
THEREOF FALLING IN FPD /BASIC LIFE ASSESSMENT PLAT RECORDED AS DOCUMENT R2003-
121963)
PARCEL 3: THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 35,
TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN WHICH LIES
SOUTH OF THE SOUTH LINE OF 35 TH STREET AND EAST OF THE EASTERLY LINE OF ILLINOIS
ROUTE 83, (EXCEPT THAT PART THEREOF FALLING IN FPD /BASIC LIFE ASSESSMENT PLAT
RECORDED AS DOCUMENT R2003- 121963)
ALL IN DU PAGE COUNTY, ILLINOIS