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Deer Trail - 708 - Sawlani/Wendell S-1202ORDINANCE 2007- ZO -V -S -1202 AN ORDINANCE GRANTING A SIDE YARD VARIATION FROM THE PROVISIONS OF SECTION 13- 6A -3F.2 OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK (708 Deer Trail Lane, Oak Brook, Illinois 60523, P.I.N. 06 -35- 206 -007) WHEREAS, Dr. Narain Sawlani ( "Owner") is the owner of the single family home located on the property commonly known as 708 Deer Trail Lane, Oak Brook, Illinois ( "Property'), which Property is located in the Village's R -1 Single Family Detached Residential District and legally described in Section 6 of this Ordinance; and WHEREAS, A.W. Wendell & Sons, Inc. ( "Applicant") has filed an application on behalf of Owner requesting a variation from Section 13 -6A -3F 2 (Lot Area Requirements /Yards /Side) of Title 13 (Zoning Regulations) of the Village Code to allow a reduction of the required side yard from 30 feet to 18 feet in order to construct an addition to the existing single- family home on 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- 6A -3F.2 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- 6A -3F.2 of the Village Code of the Village of Oak Brook to permit construction of an addition to the existing single - family home on the Property and allow a reduction of the required side yard along a street to approximately 18 feet. Section 4. Construction of the addition to the single - family home on the Property is to be in substantial conformance with the site plan on page L and the Elevations (dated March 23, 2007, by A W. Wendell and Sons) on page N of the case file. Section 5. The single - family home on 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 SAINLANI— WENDELL 708 DEER TRAIL LANE Variation - Side Yard Setback IN- PAGE CONTENTS 10-10.a Memorandum from Director of Community Development Kallien -Village Board Agenda — dated July 24, 2007 9-9.a Recommendation Letter from Zoning Board of Appeals to President Craig and Board of Trustees dated July 19, 2007 8-8.g Zoning Board of Appeals Meeting Minutes dated June 25, 2007 7-7.a Staff Report from Director of Community Development Kallien to Zoning Board of Appeals dated June 21, 2007 6 Resident Letter dated June 7, 2007 5 Certificate of Publication dated June 7, 2007 4 Board of Trustees Referral Meeting Minutes June 12, 2007 (Not Included) 3 Referral Memo to Board of Trustees June 12, 2007 Agenda 2-2.a Memorandum from Village Engineer Durfey dated May 29, 2007 re: Engineering Review 1 R-1 Yards —Zoning Ordinance Section 13-6A-3F-2 ******************* A Application/Petition -Variation B Letter of Explanation C-C-2 Variation Standards D Variation Approval Letter from Hunter Trails Community Association dated May 17, 2007 E.-E.1 Addition Approval Letter from Hunter Trails Community Association dated April 27, 2007 F-F.1 List of Surrounding Property Owners G Certification H Subject Property Verification and Legal Description I Fee/Receipt J Letter of Authorization from Dr. Sawlani K Pictures of Site and Existing Elevations L Site Plan Showing Addition and Existing Encroachments M Plat of Survey Dated May 31, 2005 N Floor Plan Architectural Drawings dated March 23, 2007 OF QAk 49 V. 90 O Ca G p CoUNT1, AGENDA ITEM Regular Board of Trustees Meeting of July 24, 2007 SUBJECT: Sawlani—708 Deer Trail—Variation FROM: Robert L. Kallien, Jr., AICP, Community Development Direct6r BUDGET SOURCEBUDGET 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 13-6A-3F.2 of the Zoning Ordinance to permit an 18-foot encroachment into the side yard setback to allow the construction of an addition to the existing single-family home subject to the following conditions: 1. The development is to be constructed in substantial conformance with the site plan submitted on page L and the Elevations (dated March 23, 2007, by A.W. Wendell and Sons) on page N of the case file; 2. Notwithstanding the exhibits contained in. the case file, the applicant shall meet all Village ordinance requirements in the building permit process except as specifically 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. Background/History: At its meeting on June 25, 2007, the Zoning Board of Appeals reviewed a petition from A.W. Wendell & Sons, Inc. on behalf of Dr. and Mrs. Sawlani, the owners of 708 Deer Trail Lane in the Hunter Trails Subdivision seeking approval of a variation to Section 13-6A-3 F.2 of the Zoning Ordinance to permit the construction of an addition to the existing single-family home. The existing home was constructed in 1980 and was built with a side yard setback of approximately 18 feet instead of the 30 feet required for a lot in the R-1 District. Even though this lot and the lot directly south of it are part of the Hunter Trails Subdivision they are zoned R-1 instead of the R-2 which is in effect for all other lots in the Subdivision. In reviewing the Village Last saved by administrator JAI-FROM BOBBot-PC-ZBA\BOT-Rec-708 Deer Trail-VAR-2007.doc 1. /0. records, there is no rationale to support why the zoning is different for these two lots and why the side setback was permitted to be 18 feet. Recommendation: Chairman Davis said that the applicant addressed the standards in their testimony and they were also submitted in writing on pages C to C.2 of the case file. The request is for a variation from the required 30-foot side yard setback for the R-1 zoning district to 18 feet, which would be essentially consistent with the rest of the R-2 zoning in the Hunter Trails area. By a vote of 6 to 0, the Zoning Board of Appeals found that the applicant addressed and satisfied applicable standards required to recommend approval of the requested variation to Section 13-6A- 3F-2 of the Zoning Ordinance to allow the construction of an addition to encroach 18 feet into the side yard setback, subject to the following conditions: 1. The development is to be constructed in substantial conformance with the site plan submitted on page L and the Elevations (dated March 23, 2007, by A.W. Wendell and Sons) on page N of the case file. 2. Notwithstanding the exhibits contained in the case file, the applicant shall meet all Village ordinance requirements in the building permit process except as specifically varied or waived. I Last saved by administrator JM-FROM BOB\Bot-PC-ZBA\BOT-Rec-708 Deer Trail-VAR-2007.doc 2. /D PVE OF 044.e � 9 � A O y G p 2 CO July 19, 2007 UNT 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: Sawlani—708 Deer Trail—Variation Administration 630.368.5000 Dear President Craig and Board of Trustees: FAX 630.368.5045 Community Background Development At its meeting on June 25, 2007, the Zoning Board of Appeals reviewed a petition from 630.368.5101 A.W. Wendell & Sons, Inc. on behalf of Dr. and Mrs. Sawlani, the owners of 708 Deer FAX 630.368.5128 Trail Lane in the Hunter Trails Subdivision seeking approval of a variation to Section Engineering 13-6A-3 F.2 of the Zoning Ordinance to permit the construction of an addition to the Department existing single-family home. 630.368.5130 FAX 630.368.5128 The existing home was constructed with an approved permit in 1980 and was built with Fire Department a side yard setback of approximately 18 feet instead of the 30 feet required for a lot in 630.368.5200 the R-1 District. Even though this lot and the lot directly south of it are part of the FAX 630.368.5250 Hunter Trails Subdivision they are zoned R-1 instead of the R-2, which is in effect for Police Department all other lots in the subdivision. In reviewing the Village records, staff found no 630.368.8700 rationale to support why the zoning is different for these two lots and why the side FAX 630.368.8739 setback was permitted to be 18 feet for both the original house and a room addition that Public Works was constructed in 1993. R-2 zoning requires an 18-foot side yard setback. Department 630.368.5270 A detailed description of this request is summarized in the applicant's letter of FAX 630.368.5295 explanation found in the case file. Oak Brook Public Comment Public Library All interested parties were notified of the public hearing before the Zoning Board of 600 Oak Brook Road Appeals. A request was made by Attorney Fred Cappetta on behalf of the southerly Oak Brook,IL 60523-2200 adjacent property owner to continue the matter for further investigation. The Zoning 630.368.7700 Board of Appeals denied the request. Chairman Davis noted that if the Zoning Board of FAX 630.368.7704 Appeals recommended approval of the request, Mr. Cappetta would have ample time Oak Brook Sports Core for investigation prior to Village Board consideration. Mr. Leone, the Hunter Trails Homeowner Association President spoke in support of the request and noted that they Bath&Tennis Club had sent a letter to Dr. Sawlani in support of the variation and approval of the building 700 Oak Brook Road permit(copies are on pages D and E of the case file). Oak Brook,IL 60523-4600 630.368.6420 FAX 630.368.6439 Recommendation Chairman Davis said that the applicant addressed the standards in their testimony and Golf Club were also submitted in writing on pages C to C.2 of the case file. The request is for a 2606 York Road variation from the required 30-foot side yard setback for the R-1 zoning district to 18 Oak Brook,IL 60523-4602 630.368.6400 FAX 630.368.6419 9 July 19, 2007 President Craig and Board of Trustees RE: 708 Deer Trail—Variation Page 2 feet, which would be consistent with the existing encroachment on the property and would be essentially consistent with the rest of the R-2 zoning in the Hunter Trails area. 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 requested variation to Section 13-6A-3F-2 of the Zoning Ordinance to allow the construction of an addition to encroach 18 feet into the side yard setback, subject to the following conditions: 1. The development is to be constructed in substantial conformance with the site plan submitted on page L and the Elevations (dated March 23, 2007, by A.W. Wendell and Sons) on page N of the case file. 2. Notwithstanding the exhibits contained in the case file, the applicant shall meet all Village ordinance requirements in the building permit process except as specifically 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 ZBAChairletter-Sawlani-708 Deertrail-VAR.doc 9� '5. B. SAWLANI BY A.W. WENDELL AND SONS — 708 DEER TRAIL SAWLANI by AW WENDELL and LANE—VARIATION — ZONING ORDINANCE SECTION 13-6A-3F.2 SONS — 708 DEER — ALLOW CONSTRUCTION OF AN ADDITION TO THE EXISTING TRAIL - VARIATION TO SINGLE-FAMILY HOME TO ENCROACH INTO THE SIDE YARD SIDE YARD SETBACK SETBACK Chairman Davis swore in all parties that would testify. Mr. Thomas F. Courtney Sr., Palos Heights, Illinois, attorney for petitioner, reviewed the request. He said that the home was constructed in 1980 by Dr. Sawlani and at it actually encroached into the 30-foot side yard setback for R-1 zoning at that time. It is a unique parcel and only one of a few that are zoned R-1 in Hunter Trails. This lot is 3 acres and has a number of problems in regards to side yards, drainage easement, topography and grade. It was recently discovered when they applied for a building permit that the house encroached into the required side yard. Staff had researched it and could not find any explanation because the original home and addition were constructed with approved building permits and probably Hunter Trails Homeowner Association approval. Most of the homes in Hunter Trails are zoned R-2 with an 18-foot side yard setback. Dr. Sawlani is very interested in staying in Hunter Trails and updating his home. The last addition constructed was in 1993. Steve Wendell, Architect said that when they submitted plans to the Village for permit they believed the setback was like the other house in Hunter Trails with an 18-foot setback. They were told that it was not in conformance with the setback requirements. The addition will be on the southwest corner of the house; half of it will be at ground level and half will project out. They are seeking relief for a small portion. Chairman Davis noted that there was a formal approval letter from the homeowners association. He noted that the lot was very odd shaped and there are many side yards. Director of Community Development Kallien responded that there is a designated front and rear yard and all the other yards are side yards. Mr. Wendell said that at the time the home was built a very large drainage easement existed, which has since been vacated. From the drainage easement, there was not much of an area to build a house because it could not be built over the drainage easement. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 9 of 16 June 25, 2007 U• • Mr. Fred Cappetta represented Nicholas and Mary Ann Karris, the owners of the property at 435 Forest Trail, located south of the subject property. Their property is also zoned R-1 and approval of the variance moves the proposed addition toward their property. They approached him last week and expressed concerns and are seeking an opportunity to file legal objections to the variation. Chairman Davis asked what were the objections. Mr. Cappetta responded that he did not read the entire file yet and that it is a unique piece of property. He met with staff last week and spoke with Mr. Leone (Hunter Trails Homeowner Association President). He is not up to speed as to what the issues are except that the subject property is zoned R-1, just as the Karris property. Exceptions may be made to a boundary adjacent to his client's and they do not know how that would affect them. He is not certain if they would suffer from being held to a 30-foot setback, while the neighbor and everyone else have 18 feet. He did not know what the objections were yet. Chairman Davis said that the variation is for the construction of an addition to the home that already violates the 30-foot setback requirement and encroaches into the side yard setback by 18 feet. He asked how the construction of the addition would make any difference. Mr. Cappetta responded that he thought the variation was being made greater up to 15 feet. He was worried about whether their not acting, after having had received notice. Prejudice is what they may come in and do. Their concern is what prejudice would there be on their property when they were given notice to this hearing so to say and do nothing and then find out later that if his client wants to take action and would be told that the judgment was already made. Chairman Davis responded that he did not know what action Mr. Cappetta was referring to. He asked the applicant what kind of timetable they were looking at, should the matter be recommended to the Village Board. Mr. Courtney said that the project is ready to proceed and the only reason that it has not was due to the discovery of the problem with the side yard requirement. He noted that it was a fairly small addition for a very large house, and is consistent with the other homes in Hunter Trails in terms of side yards. It will not change the physical character of the area. Mr. Courtney also stated for the record that Mr. Cappetta called him that morning and asked that they participate in a petition to the Village to rezone the VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 10 of 16 June 25, 2007 �-a 0 • property to R-2. He advised him that his client had discussed this with Hunter Trails and they would oppose any rezoning of the property. He asked Mr. Cappetta if he intended to object at the public hearing and he did not tell him whether he would object or ask for a continuance. Mr. Courtney noted that Mr. Cappetta sent an agreement, whereby they were trying to force his client to sign the document that would cause his them to participate in filing for a request for a map amendment for R-2 zoning, which would be contrary to his client's discussion with Hunter Tails. Hunter Trails was concerned that Mr. Sawlani would use the variation to piggyback on a zoning amendment, which is not the case. Chairman Davis noted that Mr. Cappetta was free to file for a map amendment on behalf of his own client. Mr. Cappetta said that there was a misunderstanding. The agreement was that if his client decided to ask for a map amendment, they did not want the requested variation by the Sawlani's to prejudice his client's action. Mr. Karris owns three acres behind the residence at 1110 35th Street. He has no intention to leave there. Mr. Karris does not intend to do anything; he does not want to be prejudiced. Chairman Davis noted that Mr. Cappetta is familiar with the standards for a zoning amendment (during the Brittwood Creek hearing), which are completely different than a variation. He said that Mr. Cappetta could represent his client in any way, but what the Zoning Board of Appeals does on this matter would have nothing to do with a request for a map amendment. Chairman Davis said that in view of the summer construction season, he would prefer not to continue the matter, but that would not deprive him the ability to file an objection to the Village Board. If he were seeking a continuance, he would be inclined not to grant it. Member Krietsch asked when the noticed was received by Mr. Karris. Gail Polanek responded that the letters were mailed on June 7, 2007. Mr. Krietsch noted that it appeared his client had sufficient time to seek legal counsel and would have given counsel plenty of time to file a specific objection. Mr. Cappetta said that he understood and that he did what he could in the time that he had to do it. He spoke with the Village staff and no one was certain how this happened. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 11 of 16 June.25, 2007 Chairman Davis said that the request b Mr. Cappetta for a continuance was C q Y pp denied. He would have 30 days to study the file in order to file an objection before it went to the Village Board. Mr. Courtney read the agreement sent to him as follows: "Dr. and Mrs. Sawlani represent that they are owners of Lot 59 and hereby grant to Nicholas and Mary Ann Karris the right to petition the Village of Oak Brook in their joint names to cause a map amendment so that Lots 58 and 59 will thereafter be in the R-2 zoning classification." He noted that he wanted the record straight, which was why he received a call from Mr. Cappetta this morning. Chairman Davis said that if Mr. Cappetta seeks a zoning change on behalf of his client, Mr. Sawlani could testify or choose not to testify. Mr. Courtney said that Mr. Sawlani is not objecting to that. Member Bulin noted that on the original survey dated June, 1975 there was nothing to indicate the side yard setback and it appeared that someone had gone back to draw in a 30-foot setback line. He asked where the original corner was that was 18 feet. He noted that a new survey should be required that would show the 18-foot setback line. Mr. Wendell responded that whenever a project begins, a surveyor comes to the site and stakes the setback so that they do not exceed the setback line. Director of Community Development Kallien said that when this issue began, they were perplexed as to how this situation came about. The plans were reviewed to determine what type of relief would be necessary. It was the opinion of staff that they would request a variation up to 18 feet. The building drawings may reflect that the overhang comes very close to 18 feet and recommended that it would not be allowed to go beyond that. The history of the lot is very interesting. When the plat was approved for Hunter Trails, for whatever reason, this lot and Mr. Cappetta's clients lot was left as R-1. A vast majority of Hunter Trails is zoned R-2 and these two lots off of the east are R-1. It is a very unique situation. Member Bulin asked if a building permit was issued and revoked or not issued. Director of Community Development Kallien responded that it was not issued. The Plan Reviewer did not realize that the lot was zoned R-1. It was caught and the permit was not issued. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 12 of 16 June 25, 2007 U •C Member Bulin asked if there was an outside entry to the lower kitchen level and the applicant responded that there was. He noted that on the building plans, there would be two full kitchens in the house and building regulations do not allow two full kitchens in a residence where there is an outside entrance. Dr. Sawlani noted that since they were removing nice cabinetry from the upstairs they are relocating it to the downstairs. The door is just a patio door that opens to the outside. Director of Community Development Kallien said that zoning does not allow a two-family structure in the Hunter Trail area. Mr. Wendell commented that hundreds of kitchens in Oak Brook have two kitchens, with one in the basement; he has remodeled and built them in the Village. The Variation Standards were provided in writing in the case file and addressed by Mr. Courtney as follows: 1. d. 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 home was built in 1980 and the petitioners desire to improve and update the home, which is common in the Village of Oak Brook. The would like to bring it up to the standards of the newer homes. In order to do this it is required that they seek a variation to allow a side yard of 18 feet. The original home was built with an approved permit, they do not know why it fell through the cracks, and can only surmise that it was because most of the other homes in the subdivision are zoned R-2. 1. e. The plight of the owner is due to unique circumstances. RESPONSE: The plight is due to unique circumstances. A substantial portion of the original home is already outside the 30-foot setback. 1. f. The variation, if granted, will not alter the essential character of the locality. RESPONSE: The neighboring lots all have a similar side yard. It is not unusual and will not change the line of sight, so it will not look greatly different than the other homes in Hunter Trails. 2. g.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 VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 13 of 16 June 25, 2007 the strict letter of the regulation were to be carried out. RESPONSE: The survey indicates how difficult it is to build on the lot due to its irregular shape. The home was built in the most desirable footprint when it was originally constructed in 1980. It would be difficult to he a new kitchen into the existing residence. The site line for the addition is partially below grade and is in the basement. It will probably be a deck and an actual physical structure will not be seen in the corner. It was blocked out on one of the exhibits so only a portion of the area will fall within the 18-foot setback. 2. h.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: The circumstances that exist here will not apply generally to other homes in the area. 2. i. The granting of the variation will not be detrimental to the public injurious to other property or improvements in the welfare or � p p y p neighbo rhood in which the property is located. RESPONSE: If the variation is granted, it will not be detrimental to the public welfare or injurious to other property. The conditions exist as they e• and the minimal 750-foot addition will not impact the neighbors. It is are; p g the summer season and it is a surprise that the variation is needed. 2.j. 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 addition will not alter the current supply of light and air to adjacent properties or increase the risk of fire. The landscape will be harmonious with the existing landscape. It will have to meet the standards required by Hunter Trails on the exterior. 2. k.That the purpose of the variation is not based exclusively upon a desire to make more money out of the property. RESPONSE: The variation requested is a desire by the property owners and they plan to continue to live in the home and have no immediate plans to sell the home. 2. 1. That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. RESPONSE: The hardship was not created by the petitioner, it was a VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 14 of 16 June 25, 2007 surprise to them that an encroachment existed when they applied for the building permit. The variation is necessary in order to overcome this hardship in order to place the addition on the building. Don Leone, President of the Hunter Trails Homeowner Association, said that they did review the plans and sent Dr. Sawlani a letter stating that the plans looked wonderful. They would like it conditioned that the residence continue to be used as a single-family residence relative to the kitchen in the basement. Although they understand the reason for the kitchen in the basement, if the property were ever sold sometime in the future, they would not want it used as a multi-family residence. Mr. Courtney responded that was a valid point and that someone in the future could try to break the law and make the home for more than one family, but that is not the intent of Dr. Sawlani. Chairman Davis said that is not something that should be part of the Zoning Board of Appeals recommendation because it is controlled within the Zoning Ordinance. Dr. Sawlani has evidenced his intent to continue its use as a single- family dwelling and the covenants within the homeowner association should also control that issue. Mr. Courtney responded that there are probably many residences throughout Oak Brook that have housekeepers living in their homes. Member Bulin questioned the comment from Village Engineer Durfey regarding the installation of a water main from Adams Road to the cul de sac on Deer Trail Lane that in order for the Village to maintain the central water main would require more than a 12-foot easement from the property owners at Lot 58 and 59, but have not had any cooperation from the property owners. Dr. Sawlani, said that he wanted to speak to the homeowner association about the easement request so that he would know how to respond. Village Engineer Durfey responded that it would be more difficult for the Village to maintain in the existing 12 foot easement, and that the village has made several attempts to contact the property owners, but they have not responded to the request, which is a private property owner matter. Chairman Davis noted that the issue is unrelated to the requested variation, but VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 15 of 16 June 25, 2007 that the property owner should speak to the Village when he is contacted in the future. There were no further questions by the Members or the audience. Chairman Davis said that the applicant addressed the standards in their testimony and they were also submitted in writing on pages C to C.2 of the case file. The request is for a variation from the required 30-foot side yard setback for the R-1 zoning district to 18 feet, which would be essentially consistent with the rest of the R-2 zoning in the Hunter Trails area. Motion by Member Nimry, seconded by Member Young that the applicant has addressed and satisfied the applicable standards required to recommend approval of the requested variation to Section 13-6A-3F-2 of the Zoning Ordinance to allow the construction of an addition to encroach 18 feet into the side yard setback, subject to the following conditions: 1. The development is to be constructed in substantial conformance with the site plan submitted on page L and the Elevations (dated March 23, 2007, by A.W. Wendell and Sons) on page N of the case file. 2. Notwithstanding the exhibits contained in the case file, the applicant shall meet all Village ordinance requirements in the building permit process except as specifically varied or waived. ROLL CALL VOTE: Ayes: 6 — Members Ascher, Bulin, Krietsch, Nimry, Young and Chairman Davis Nays: 0— Motion Carried. 6. OTHER BUSINESS OTHER BUSINESS There was no other business to discuss. 7. ADJOURNMENT: ADJOURNMENT Motion by Member Young, seconded by Member Bulin to adjourn the meeting at 8:58 p.m. VOICE VOTE: Motion carried. ATTEST: Robert Kallien, Director of Community Development Secretary VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 16 of 16 June 25, 2007 �Q VILLAGE OF OAK BROOK Zoning Board of Appeals STAFF REPORT DATE: June 21, 2007 CASE NO: 2007-015-ZO-VAR DESCRIPTION: Variation to Section 13-6A-3F.2 to permit the construction of an addition to the existing single-family home. PETITIONER: A.W. Wendell & Sons, Inc. on behalf of Dr. and Mrs. Sawlani. LOCATION: South of Oak Brook Road, west of Adams Road in the Hunter Trails Subdivision. ADDRESS: 708 Deer Trail Lane EXISTING ZONING/USE: R-1, Single-Family Detached Residence District, improved with a single- family home in the Hunter Trails Subdivision. 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, single-family home in the Hunter Trails Subdivision. East: R-1, Single-Family Detached Residence District, single-family homes. West: R-2, Single-Family Detached Residence District, single-family homes in the Hunter Trails Subdivision. DISCUSSION: A.W. Wendell & Sons, Inc. on behalf of Dr. and Mrs. Sawlani, the owners of 708 Deer Trail Lane in the Hunter Trails Subdivision has submitted a petition seeking approval of a variation to Section 13-6A-3 F.2 of the Zoning Ordinance to permit the construction of an addition to the existing single-family home. The existing home was constructed in 1980 and was built with a side yard setback of approximately 18 feet instead of the 30 feet required for a lot in the R-1 Distri ct. Even though this lot and the lot directly south of it are part of the Hunter Trails Subdivision they are zoned R-1 instead of the R-2 which is in effect for all other lots in the Subdivision. In reviewing the Village's records, there is no rationale to support why the zoning is different for these two lots and why the side setback was permitted to be 18 feet. A detailed description of this request is summarized in the applicant's letter of explanation found in the case file. STAFF REPORT WENDELL/SAWLANI-708 DEER TRAIL CASE No.2007-015-VAR Staff Comments 1. The existing home is constructed within 18 feet of the side yard. 2. The planned addition will not encroach into the existing 18-foot setback. 3. The planned addition has been reviewed and approved by the Hunter Trails Home Owners Association. 4. Please see comments .raised by Village Engineer Durfey in his May 29, 2007 memorandum. RESPONSIBILITIES OF THE HEARING BODY: The Zoning Board of Appeals has the responsibility to hold the required public hearing and make a recommendation on the requested variation. Please include in your consideration, your findings with respect to the standards specified in the Zoning Ordinance for a variation. The materials submitted by the applicant specifically address each of the standards. CONCLUSION: Based on the information provided by Staff, if it is the opinion of the Zoning Board of Appeals that the applicant has satisfied all applicable Ordinance requirements and factors for a variation, a recommendation would be in order to approve this request. The following conditions might be appropriate for inclusion in a recommendation: 1. The development shall be in substantial conformance with the plans as submitted. 2. 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. YkIlien Jr. ICP Director of o munity Development 2 add .� GE OF Oq,, P ego a o O y G O A r � ✓f 9CFOOUNTV Jur1e 15, 2007 Village of Oak Brook 1200 Oak Brook Road Dear Resident: 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: A. W. Wendell and Sons, Inc FAX 630.368.5045 1121 Warren Ave., Suite 140 Community Downers Grove, IL 60515 Development 630.368.5101 The property in question is located at: 708 Deer Trail FAX 630.368.5128 Engineering Subdivision Hunter Trails Department 630.368.5130 Relationship of applicant to property: Agent FAX 630.368.5128 Fire Department Property Owner Dr. and Mrs. Sawlani 630.368.5200 FAX 630.368.5250 Also shown on the reverse side of this notice is a map* of the area to assist you in Police Department determining your relationship to the property in question. 630.368.8700 FAX 630.368.8739 The request, which has been made, is as follows: The petitioner is seeking the approval of a variation to Section 13-6A-3F.2 to allow a side yard reduction from Public Works the required 30 feet to permit the construction of an addition to the existing single- Department family home. 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: www.oak-brook.org. 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 Oak Brook,IL 60523-4602 Robert L. lien, Jr. ICP 630.368.6400 Director of mmunity Development FAX 630.368.6419 RLK/gp fC/. 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 I l 1220 zoo 11;2 OAK BROOK ROAD OAK BROOK y R 11i 210 206 204 02 U rl 304 3�3pb 21 22 1I 17 A FaLLERSB4R4 X14 I x08 ' _fi �N \310 20 r5 Woods / \. 9a3 30S - 205 2e3 ZOI \ �y r3 216 ,.t IBS 20T loo X103 3IT to li 1¢ \� 2O9 8 rr 1 220 <I 511 50 Sob l I Jos 3 3a9 1 914 la It 9 �. W 222 i F 1 2 211 609 I�f 504 r06 l07 4ob 408 g 4 7 c � 224{ I 1 113 507 p\5ez �109 ala 4 0 412 4 5 j 226' i15 Soy \ 500 4a1 40#1 1 2 I So3 110 j/ � 1403 4osr4o7 Bog 606 6a4 602 �� 113 .410. .1.. Fu MALLPRD \ IIS ,x-401 , WOea 607 �5 603 601 119 117 706 -", 3400 3324 ZQ 3400 - \704 ---------- Ig S Sr. sul- n 9061go4 go2�li6� 121 702 V i°i 709 - 3406 3412 2' fRIA�/ J.• EER I I-r 0. 7a I.._ _ f- 3x14 I 423 3 9 607 805['swBol I 701 7037 n2g' n10 .010 ! 20T s 821 Q TN _ I DOW.C. tlD5 5 W1 1155 105 ,1017 ��3 501 350 09551 J\\ \7I SIB I .STq T�oV S91t CREf/(I 'r \ -I �O^d SI' 11'1 0 I -1 Zi.lipy Au.l — lY O� y�7 T/O� 3 352) U1 \ - S 3525 Ifl 1 --�� PRo ��✓cy 1` jcor AFRT 40 36 \ 30 i 3609 SALr� iN 36/5 a Ia� I 3417 1. SG18-I��3616 '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 propeo 0 Sawlani-Wendell 708 Deer Trail-Var-Side Yard.Res.ltr.doc —"e7- vI!Y t %Oe k.)ef°iL CERTIFICATE OF PUBLICATION Public Hearing NOTICE IS HEREBY Paddock Publications, Inc. GIVEN that a public hear- ing before the Zoning Board of Appeals of the V)Iloge of Oak Brook, DuPage and Cook Counties, Illinois,will Daily Herald be held on June 25,2007,at Dean Bo in the Samuel E. De Doan Board Room of the Butler Government Center, Village of Oak Brook, 1200 Oak Brook Road, Oak Brook,Illinois 60523 for the Purpose of considering the application of-A.W.Wendell and Sons,Inc..1121 Warren Avev Suite 140, Downers Grove,IL 60515 on behalf of Corporation organized and existing under and by virtue of the laws of the State of Illinois, the property owners, Dr. and Mrs. rovidnifarander DOES HEREBY CERTIFY that it is the publisher of the DAILY HERALD. vari- ation as provided for under 77�� Title 13 of the Zoning Ordi- nance of the Village of Oak G-Brook,amended.Ordinance That said DAILY HERALD is a secular newspaper and has been circulated daily in the The petitioner is seeking the approval of a variation Village(s) of Addison, Algonquin, Arlington Heights, Barrington, Barrington Hills, Bartlett, Batavia, to Section 13.6A-3F.2 to al- low a side Yard reduction from the construct3an feet In Bloomingdale, Buffalo Grove, Burlington, Carol Stream, Carpentersville, Cary, Deer Park, Des Plaines, tlon to the existing home. erally described as 7 8 be Deer East Dundee, Elbum, Elgin, Elk Grove Village, Fox Lake, Fox River Grove, Geneva, Gilberts, Glen Ellyn, Trail Lane with the legal de- scription as follows: Lot 59 In Hunter Trails be- Glendale Heights, Grayslake, Green Oaks, Gurnee, Hainesville,Hampshire,Hanover Park, Hawthorn Woods, ing o subdivision of part of Lot 1 in Old Oak Brook As- sessment Plat No.1 of Part Hoffman Estates,Huntley,Inverness,Island Lake,Itasca,Keeneyville,Kildeer,Lake Barrington,Lake Villa of the.North half of Section 35, Township 39 North, Range 11,East The Third Lake in the Hills Lake Zurich Libertyville Lincolnshire Lindenhurst Lisle Lombard Long Grove Principal Meridi an.Accord- + + > > , , > , ing to the plot thereof re- mentdNo.July 1R75-32184 dand Medinah,Mt. Prospect,Mundelein,Naperville,North Aurora,North Barrington,Oakbrook,Oakbrook Terrace, subiact i to the certifcate of correction recorded October 31, 1975 as Document No. Palatine, Prospect Heights, Rolling Meadows, Roselle, Schaumburg, Sleepy Hollow, South Barrington, R75.60106, In DuPage County,Illinois.Permanent Parcel Number; South Elgin, St. Charles, Streamwood,Tower Lakes, Vemon Hills,Villa Park,Volo, Warrenville,Wauconda, 06.35.206-87 g All persons desiring to be aoort will afforded on m Y Wayne,West Chicago, West Dundee, Wheaton,Wheeling, Wildwood, Winfield, Wood Dale, Bensenville submit their statements orally or In writing or both. The hearing may be re- cessed to another date if no- tice of time and place thereof is publicly an- County(ies) of Cook, DuPage, Kane, Lake, McHenry nounced at the hearing or is given by newspaper publi- cation not less than five(5) and State of Illinois, continuously for more than one year prior to the date of the first days prior to the date of the recessed hearing. In accord Am the with publication of the notice hereinafter referred to and is of general circulation throughout said sions of the American with Disabilities Act, any indi- reaso who is in need of n Villages) County(ies) and State. reasonable accommodation , in order to participate In or benefit from attendance at this public meeting should contact Jeffrey Moline,the Village's ADA Coordinator, I further certify that the DAILY HERALD is a newspaper as defined in "an Act to revise at sable before h soon as Possible before the meeting dote. The petitioner's applica- tion is on file with the Village the law in relation to notices" as amended in 1992 Illinois Compiled Statutes, Chapter 715, Clerk and with the Director Community Develop- m ent. Persons wishing to �Act 5 Section 1 and 5. That a notice of which the annexed printed slip is a true copy, was examine the petition docu- ments heaDrector9eofoCom published June 7, 2007 in said DAILY HERALD. munity Development, Rob- ert Kai lien, Village of Oak Brook, 1200 Oak Brook Road,Oak Brook, IL s s 60523, IN WITNESS WHEREOF, the undersigned, the said PADDOCK PUBLICATIONS, Inc., telephone 630-368-5103. Charlotte Pru Village Clerk Published at the direction of the Corporate Authorities has caused this certificate to be signed by, this authorized agent, at Arlington Heights, and the Zoning Board of Ap- peals of the Village of Oak Brook, DuPage and Cook Illinois.Counties,Illinois. Published in Dalyy Herold June 7,2007(3936639)NS PADDOCK PUBLICATIONS, INC. DAILY HERALD NEWSPAPERS A thori Agent Control # T3936639 G0 p F 04,t P 6� v , O O a � O v OOUNT'I,��, AGENDA ITEM Regular Board of Trustees Meeting of June 12, 2007 SUBJECT: Referral - A. W. Wendell - 708 Deer Trail - Variation—Side Yard Setback 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. Backmund/History: A.W. Wendell & Sons, Inc. on behalf of Dr. and Mrs. Sawlani, the owner of 708 Deer Trail in the Hunter Trails Subdivision has submitted a petition seeking approval of a variation to Section 13-6A-3 F.2 of the Zoning Ordinance to permit the construction of an addition to the existing single-family home. Recommendation: Please refer the request for a variation to the June 25, 2007 Zoning Board of Appeals meeting for public hearing. BOT-Referral-708 Deer Trail-VAR-Side Yard-2007.doc �G1�OF 04r `' 90 o o y 9C46'�OUNTy VILLAGE OF OAK BROOK Interoffice Memorandum DATE: May 29; 2007 TO: Robert L. Kallien, Jr., Director of Community Development FROM: Dale L. Durfey, Jr., P.E., Village Engineer N SUBJECT: 708 Deer Trail Lane - Lot 59 - Sawlani/Wendell Variation— Side Yard Setback As per your request of May 24, 2007, and the P & Z Policy, Phil and I have reviewed the file you forwarded since a site plan drawing was included with the application. As we understand it, the applicant is seeking a variation to the, side yard setback along the southerly side of the lot. After reviewing these documents, these items were observed: 1. There exists a 20 foot wide drainage easement to the east of the existing home which serves no purpose. Lot 58 (the lot to the south of this property)had a similar 20 foot wide drainage easement which was vacated in 1988. I don't see any reason to keep the 20 foot wide easement on Lot 59; therefore, the applicant could propose a Plat of Vacation for Village action. The northeast corner of Lot 59 contains a wider drainage easement which does encompass a detention facility. This area should not be vacated. 2. The southerly lot line of Lot 59 contains a 6 foot public utility easement. The Village has been working with a resident on Hidden Valley Lane (a private street to the east of this site) to install a water main from Adams Road to the cul-de-sac of Deer Trail Lane. At present, the 6 foot public utility easement on Lot 59 and the 6 foot public utility easement on the north line of Lot 58 provide 12 feet of space in which to install the water main. The Hidden Valley Lane resident has contacted Mr. Sawlani on several occasions in the past to request possibly widening the 6 foot easement to provide more usable space for a Village water main, but it is my understanding that Sawlani never replied. It is also our understanding that the Hidden Valley Lane water main project will proceed within the 708 deer trail variation.doc I near future within the existing 12 foot easement which will be tight for Village ownership and maintenance. 3. The proposed addition in the southwest corner of the existing home is approximately 750 square feet. Assuming the disturbed area around this area would be relatively small, an engineering permit and stormwater management permit would not be required (a stormwater management permit is required if 2,500 square feet of surface area is disturbed). 708 deer trail variation.doc 2 � 13-6A-3: LOT AREA REQUIREMENTS: A. Lot Area: Except as otherwise required in this title for a specific use, not less than two (2) acres. B. Lot Width: Not less than two hundred twenty feet (220')within the buildable area. C. Floor Area Ratio: Not to exceed 0.4 for nonresidential uses. D. Structure Height: 1. Residential Uses: Not more than fifty feet (50'), except for continuous flat roofs, which shall be not more than thirty five feet (35) to the top of any parapet wall. However, where residential building heights exceed thirty feet (30'), the highest space that can be occupied must have an emergency escape and rescue opening at a maximum elevation of thirty two feet (32') above grade. 2. Nonresidential Uses: Not more than forty five feet (45'). E. Ground Floor Area Per Dwelling: 1. One Story: Not less than two thousand (2,000) square feet. 2. Bilevel: Not less than one thousand eight hundred(1,800) square feet. 3. Dwellings Having More Than One Story: Not less than one thousand five hundred (1,500) square feet. :F)Yards: Except as required in subsections B and D under "accessory uses and structures" in section 13-6A-1 of this article, yards shall be provided as follows: 1. Front: Not less than fifty feet (50) in depth, except front yards abutting York and Cermalc Roads shall have a depth of not less than one hundred feet(100'). Side: Not less than thirty feet (30) in depth, except: a) a side yard abutting a street shall be not less than fifty feet (50') in depth, and for nonresidential uses each interior side yard shall be increased by not less than two feet (2) for each one foot (1') of structure height over thirty feet (30'); and b) side yards abutting 22nd Street, York Road and Butterfield Road shall have a depth of not less than one hundred feet (100'). 3. Rear: Not less than one hundred feet (100) in depth. (Ord. G-60, 3-22-1966; Ord. G-616, 8-11-1998; Ord. G-730, 9-23-2003) g�of oq � , 33 � � LA E-11114, u Mri y �i � � =z �� �a nw z dl _ r 1i ItX5 r 9 00 �' � P PETITION APPLICATION for 3g; .�� PUBLIC HEARING ZONING ORDINANCE: F-1 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 q al� Ewa 3,i ni,� a N % 3 APPLICMfT TO COMP LETE �`A I' �;�aP � Iotl ,der � 3 ROE „ � o � AriVtt try w1 LOCATION OF SUBJECT PROPERTY 708 Deer Trail Road PERMANENT PARCEL NO*. 06 -.35 _206 - 007 LOT N0. 59 SUBDIVISION Hunter Trails LEGAL ADDREK OLU UAK BROOKTASSESSMENT PLAT NO. 1. 41SPAKI orPMkT IOUFN,nI I�N OF SEC110N 35, NO TOWNSHIP 39 RTH, R"Cm 11 EAST OF THE THLRU He INCIPAL N .IUTAN. ACCUROING TO 1HE PLAT SHEREOF RECURUEU JULY 1, 1975. AS OOOJIENI N0.975-32189 MU SUBJECT TO CERTIFICATE OF ZONING DISTRICT ZONING ORDINANCE SECTION IN DO CORRECTION REIIRIOEU OC'108Ex 31, 1975 AS WCLMeNI NO. H75-6011A, 1N W PAGE O01M1Y, ILL DO Is ACTION REQUESTED Reduction on side yard 30' (ft) to 18' (ft) to be able to add an addition to south end of residence PROPERTY INTEREST OF APPLICANT: OWNER CONTRACT PURCHASER AGENT X OWNER(S)OF RECORD Dr. & Mrs. Sawlani PHONE 630-253-9336 ADDRESS 708 Deer Trail Lane CITY OakBrook STATE IL Zip 60523 BENEFICIARY(IES)OF TRUST PHONE ADDRESS CITY STATE ZIP NAME OF APPLICANT(and Billing Information) A.W.Wendell & Sons, Inc PHONE 630-968-2412 ADDRESS 1121 Warren Avenue, Suite 140 CITY Downers Grove STATE IL ZIP 60515 Contact Name and E-mail Address(s) Steven J. Wendell swendell @awwe del om I(we)certify that all of the above statements and the statements contained in any papers or plans su itte a ith ar tr a to the best of my(our) knowledge and belief. I(we)give permission to the Village to install public hearing sign(s)on the to o of he b ve ubject property as described in the Village Code. In ad ''on to the above fees,applicant agrees to reimburse the fo p I' at' nos within 30 d ys of billing. )I- L, �2 - 11�'f� _3 �' v ignature-of Owner Date Si nat f pilca t ate DO NOT WRITE IN THIS SPACE-FOR OFFICE U E c NggLY #,"v—,"i , .R�1 �5 + 1 ':'.. „-- ,>g ' y a aateFlecf � ' Fee Pay $ +-- RecBipt No R ,eu9r1 B�,�- 2k':', � °S:. ;, r $dard?.=f T Ste S efe rst e ' ._ r Notice F1ublrsi� d G1, � NNewspa er�Da�iHeaid AdfPr e C�WnerS htOtr , d ' t ', $ _ ...u: ?.:q a'mss ra, s, a a�: w� \ � ..• w 'Po, '�a a�,a t pU8WC-1 F �tlN: {JA `u1 Pla COml�ss[on J � r� h Zoning Bo rd� eals ,: + ' " � ua'i z1sr ° " ., ', °' ?° �r„r s€�' `�� �r kx yO�Cfi i5r',W5t25 � � ua an OrarCiE�r11IStS�S s �ApprovalOCdtanC @� , t r Y(.,t x a z'',v w ,..: 7" y mss €"�rC?'C• n �w's, 6EVB< . UI4IG)WLRK. PUBLIC HEARING INFO Packet—11/2006 Letter of Explanation Concerning Variation Lot 59 Hunter Trails West Dr. and Mrs. Sawlani 708 Deer Trail Lane Oak Brook, II. 60523 Dr. and Mrs. Sawlani completed the construction of their home at 708 Deer Trail Lane, Oak Brook, Illinois, in 1980. The home was subsequently remodeled and expanded in 1993. All of the construction was with permits, according to Village Codes, and inspected and approved upon completion. The Sawlani's now desire to make further improvements to their home by expanding some of the rooms that are not of a satisfactory size and design. The recent plans were prepared by A. W. Wendell and submitted to the Village for permit. It was discovered during the permit review that the existing structure and the proposed addition violate a required 30 foot side yard setback for R1 zoning. It appears the original building construction and prior addition were approved with less than the 30 foot side yard. The Sawlani's were not aware that the particular R1 zoning for the property was violated by the existing improvements. The lot in question is unique since it is approximately 3 acres most of which is not buildable because of drainage easements that enhance open space. The ability to locate the house on the lot is restricted by the limited useable building area. The proposed addition is intended to increase specific areas of the house. Locating the addition elsewhere will not allow the expansion of the kitchen, laundry room, bedrooms, lower level, and adjoining areas. The subject drawings for the proposed addition were submitted to the Hunter Trails Home Owners Association. The Association issued a review letter and is not objecting to the proposed plan. The adjoining property owners have substantial open space that will not be obstructed or diminished by the proposed addition. B� Lot 59 Hunter Trails West Dr. and Mrs. Sawlani 708 Deer Trail Lane Oak Brook, ll. 60523 The Petitioners Respond to the Zoning Standards as follows: 1. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located. Response: The Petitioners desire to improve and update the home. Increasing the room sizes will make the home more useable and desirable. A new larger kitchen, dining room, basement, laundry room, and bedrooms are in keeping with homes that have been updated and remodeled as well as newer homes in the Village of Oak Brook. The R1 zoning classification for the lot limits the side yard to 30 feet but many of the neighbors in Hunter Trails have R2 zoning that permits an 18 foot side yard. Although Petitioners' lot is approximately 3 acres the parcel has a limited building area. 2. The plight of the owner is due to unique circumstances. u s tances. Response: When the original home was constructed the building was located at the northerly boundary of the lot with a violation of the side yard. Apparently no one realized that the lot as zoned R1 required a 30 foot side yard. Even with the encroachment into the 30 foot side yard, the lot has substantial open space that creates a unique look that is enhanced by the location of the residential structure. When the original home was designed it was challenged by the steep topography, irregular lot boundaries, and drainage encumbrances. There are only two lots in Hunter Trails that are zoned R1 that requires two acres or more, and 30 feet side yards. All other Hunter Trails lots are zoned R2, or one acre lots that permit 18 feet side yards. The location of the addition elsewhere on the house would not achieve the desired expansion of certain rooms that are important to the family. 3. The variation, if granted, will not alter the essential character of the locality. Response: The proposed addition to the structure continues the building f art of the 30 foot side yard. The small proposed addition will not use o p y p p change or materially change the side yard view of the building from the street or the neighboring lot. The lower level expansion is below grade. Because only two lots in Hunter Trails are encumbered by 30 feet side yards, the remaining one acre lots in Hunter Trails permit 18 feet side yards, the property in question will have the same set back look as other residences. 4. 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 existing residence was partially constructed within the 30 foot side yard. The steep grade elevations, drainage easements, and odd shape of the lot substantially restrict the building area. The proposed improvements have only a slight impact on the side yard. Allowing the Petitioners to extend the building into the side yard will permit a major improvement, updating of the kitchen, and enhance the interior of the home. Such improvements are much needed improvements that are in keeping with the character of homes in the community. The open space in the rear of the 3 acre parcel on which the home is located buffers the building from the neighbors and helps mitigate the side yard problem. The substantial improvements to the home will not be possible if the Village denies the variation. The Petitioners desire to continue to reside in their home and have planned this expansion for the past three years not realizing that there was a side yard problem. 5. 2b. 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: Although the parcel is 3 acres and appears to offer substantial land for building area, the lot is encumbered by drainage easements, steep grades, and a restricted building area. Only two lots in Hunter Trails are zoned R1. All the other lots are zoned R2. The Petitioners appreciate the esthetically pleasing look of the open space created by the easements and have worked to achieve a design that makes the best use of the lot. The location of the proposed addition is intended to work with the existing floor plan and would not be suitable elsewhere on the building. 6. 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: Granting the variation for the addition to the building will have little or no impact on the views from lot 58 or the cul de sac street. There is no injury or other detriment to the neighborhood by the proposed addition. 7. 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 location of the building addition will not impair adequate light or air, substantially increase the danger of fire, or endanger the public safety or diminish or impair property values. The proposed addition will be consistent with additions to other large homes in Hunter Trails. Landscaping and the harmonium design of the addition will blend with the existing structure. 8. 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 Petitioners are requesting the variation to enhance their quality of life in the home. They have no immediate plans to sell the home or profit from the variance. 9. 2. f. That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. Response: The difficulty or hardship was not created by the Petitioners. They assumed that the existing residence complied with the Village side yard requirements and commissioned the architectural plan for the building addition without knowing there was latent a problem with the current improvements. Learning that the lot required a 30 foot side yard was a surprise to the Petitioners. HUWR TRAILS COMMUNITY AS*IATION c/o Oak&Dale.Properties,Inc. 211 W. Chicago.Avenue,Suite 10 Hinsdale,IL, 60521 Phone: (630)323-8810 Dlilbi-ugli@oakaiiddaleproperties.com May 17, 2007 Dr. and Mrs. Narain Sawlani 708 Deer Trail Lane Oak Brook, Illinois 60523 Re: Variance Lot No.59—708 Deer Trail Lane Hunter Trails Subdivision Dear Dr. and Mrs. Sawlani, The Architectural Review Committee has reviewed and has no objection to your request for a variance to the side yard set back from 30 feet(R-1 minimum setback)to 18 feet(R-2 minimum setback) based upon the statement that the attached Letter of Explanation Concerning Variation(see attached)details. Further that all other aspects of the R-1 zoning are adhered to. It is recommended that you seek a secure a formal variance from the Village of Oak Brook along with approval adjoining property owners (lot 58). I In its review of architectural and landscape plans,the primary concern of the Committee relates to aesthetic factors,and the presentation of the same. The Committee does not specifically concern itself with the actual or intended use of any space within the residential structure,nor does it make any judgement as to conformity of any such plans with any applicable provision of Local,State or Federal law. Any approval granted by the Committee pertains only to the aesthetic factors reviewed, and do not convey or imply any degree or approval other than the authority of the Committee directly delegated by the Hunter Trails Declaration of Protective Covenants. Please feel free to contact me, should you have any questionf(630-323- ). Oennis rely, M. Bru for and on beha Architectural Review Committee cc:Architectural Committee Lot File 59 Oak&Dale Properties,Inc. 211 W. Chicago Avenue, Suite 10 Hinsdale I160521 —630-323-8810 T I� . HLVER TRAILS COMMUNITY AQCIATION c/o Oak&Dale Properties,Inc. 211 W. Chicago Avenue,Suite 10 Hinsdale,IL 60521 Phone: (630) 323-8810 Dmbrugh@oakanddaleproperties.com I April 27, 2007 Dr. and Mrs. Narain Sawlani 708 Deer Trail Lane Oak Brook, Illinois 60523 Re: Proposed—Addition Lot No. 59 — 708 Deer Trail Lane Hunter Trails Subdivision Dear Dr. and Mrs. Sawlani, The Hunter Trails Architectural Committee has reviewed and Uproved the plan for the addition to your home with the following issues: 1. Projected date for completion of the entire project. 2. All material must match the existing home. Submit revised plans addressing the above concerns to my office. Plans Dated: 3/23/2007 Architect/Builder: A.W. Wendell & Sons, Inc. 630-968-8341 Engineer: Compass 630-820-9100 Materials: All materials (roof, brick,trim and railings)to identically match that of the existing home. During the construction, it is expected that your contractor keep the site and streets clean on a daily basis. Your neighbors will greatly appreciate your effort. Please submit landscape plan in a timely manner so that the review process does not delay the project. Oak&Dale Properties, Inc. 211 W. Chicago Avenue;Suite 10 Hinsdale Il 60521 —630-323-8810 HLITER TRAILS COMMUNITY AWCIATION c/o Oak&Dale Properties,Inc. 211 W. Chicago Avenue,Suite 10 Hinsdale,IL 60521 Phone: (630) 323-8810 Dmbrugh@oakanddaleproperdes.com The Committee cautions the owner to adhere to all BOCA Building codes A bond of $ 5,000.00 must be presented to Hunter Trails (prior to the construction process). The $5,000.00 will be refunded when all construction is completed to and including the landscaping. Please notify the Oak & Dale Properties when work has been completed and the site needs to be inspected In its review of architectural and landscape plans, the primary concern of the Committee relates to aesthetic factors, and the presentation of the same. The Committee does not specifically concern itself with the actual or intended use of any space within the residential structure, nor does it make any judgement as to conformity of any such plans with any applicable provision of Local, State or Federal law. Any approval granted by the Committee pertains only to the aesthetic factors reviewed, and do not convey or imply any degree or approval other than the authority of the Committee directly delegated by the Hunter Trails Declaration of Protective Covenants. Please feel free to contact me, should you have any questions . - 3-8810). Sin erely, M. Brugh for and on behalf e Architectural Revie ommittee cc: Architectural Committee Lot File 59 Oak&Dale Properties,Inc. 211 W. Chicago Avenue, Suite 10 Hinsdale 11 60521 —630-323-8810 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.✓fhe 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. J/ Note: The people on this list will be notified by mail with the information about your request and the meeting schedule. NAME OF PROPERTY MAILING ADDRESS OF PROPERTY ADDRESS OWNER PROPERTY OWNER NuMBER **SEE ATTACHED** I i (Attach additional sheets if necessary) PUBLIC HEARING INFO Packet-11/2006 MAILING ADDRESS OF NAME OF PROPERTY OWNER PROPERTY OWNER PROPERTY ADDRESS PARCEL NUMBER Fox Trail Lane 401 Fox I rail Lane Nada& Dra an Ivkovic Oak Brook, IL 60523 Oak Brook, IL 60523 06-35-206-001 Fox Trail Lane, 403 FoRM-57M—ne, Mehul Shah Oak Brook, IL 60523 Oak Brook, IL 60523 06-35-206-002 ox rai Lane, ox Trail Lane, Henry Sharfaci OakBrook, IL 60523 OakBrook, IL 60523 06-35-206-003 WT-o—xTir—ai 1 407 Fox Trail Mehul Shah OakBrook, IL 60523 OakBrook, IL 60523 06-35-206-010 4401 W. Roosevelt Road ox Trail Lane Sebastian Palumbo,Attn: Becky_ Hillside, IL 60162 OakBrook, IL 60523 06-35-206-011 Adams Road 3400 A ams Road William J. Gilligan OakBrook, IL 60523 OakBrook, IL 60523 06-35-200-016 Adams oa Adams Road Lee Munder OakBrook, IL 60523 OakBrook, IL 60523 06-35-200-018 ams Road 3404 Adams Road Northern Trust Co. Trust 9747 OakBrook, IL 60523 OakBrook, IL 60523 06-35-206-009 Nicholas A. Karris W a e ower a a e St. No.700?V,--- Deer I rail Lane Realty Mgt. Chicago, IL 60610 OakBrook, IL 60523 06-35-206-008 Acorn Hill Lane 710 Acorn Hill Lane John&Joan Katis OakBrook, IL 60523 Oakbrook, IL 60523 06-35-200-006 TTTUMF street Street 35th St. Oakbrook LLC OakBrook, IL 60523 OakBrook, IL 60523 06-35-200-009 Harris Bank Hinsdale Trust ree Street L-3253 OakBrook, IL 60523 OakBrook, IL 60523 06-35-200-014 1010 35th street ree Karen A. Krohn Oak Brook, IL 60523 Oak Brook, IL 60523 06-35-200-015 27776FR-Road, No.2U9 eer Trail Lane Ronald B. Ferrin OakBrook, IL 60523 OakBrook, IL 60523 06-35-107-004 eer rai Deer rai Daniel&Cynthia Romano OakBrook, IL 60523 OakBrook, IL 60523 06-35-105-008 Deer Trail Lane 706 Deer Trail Lane Daniel&Cynthia Romano OakBrook, IL 60523 OakBrook, IL 60523 06-35-105-007 Deer I rail Lane 702 Deer rail Lane Ro elio Liboon OakBrook, IL 60523 OakBrook, IL 60523 06-35-105-006 eer rail Lane 705 Deer [rail Lane Athimoolam Naidu OakBrook, IL 60523 OakBrook, IL 60523 06-35-107-003 Indian Trail Road Indian I rail Road Tarak&Amita Paul Oak Brook, IL 60523 Oak Brook, IL 60523 06-35-105-001 Indian rai oa n ian Trail Road Angelo Poe OakBrook, IL 60523 OakBrook, IL 60523 06-35-105-002 Indian Trail Road Indian rai oa Kamal N &Lucy W Ibraham OakBrook, IL 60523 OakBrook, IL 60523 06-35-105-003 I Certification • Irrounding Property Owners (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. (we) give permission to the Village to install public hearing sign(s) on the lot frontages of the subject property as,described in the Village Code. In addition to the required application fees, applicant/owner agrees to reimburse the Village for publication costs, recording fees, and any other associated costs or fees within 30 days of billing. N.D.Sawlani, M.D. A.W.We e & o s, Inc Printed Name of Owner Prin o pli ant q/a 7 Signature of Owner Date Signat of pIican to a&gag t A.W.Wendell & Sons, Inc Steven J. Wendell 630-968-2412 Print Name/Company Contact Person Contact Phone 1121 Warren Avenue, Suite 140, Downers Grove, IL. 60515 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 INFO Packet �bject Property/ Verifi�tion (Complete a separate form for each P. . ) 1. Permanent Index Number (P.I.N. from Real Estate Tax Bill): 06 35 206 - 007 2. Common Address: 708 Deer Trail Road, Oak Brook, IL. 60523 3. Type the Complete Legal Description Below. (Attach a separate page if longer than the area provided) 4. Email the Legal Description to gpolanek(a�oak-brook.org LOT 59 IN HUNTER TRAILS BEING A SUBDIVISION OF PART OF 1.01 1 IN OLD UPK BROOK A5SES5MEN1 PLAT NO, 1, OF PPKT OF THL NUHIH HALE OF SECI ION 35, TOWNSHIP 39 NORTH, RAM: 11 EAST OF THE THIRD Rt1NCIPAL MERIDIAN, ACO)RDIN(i TO 1HL PLAT THEREOF RECURUEU JULY 1, 1975, AS OOCUMENI NO. R75-32184 ANU SUBJECT TO CERTIFICATE OF CORRECTION RELMUEU OCID13ER 31, 1975 AS J)CU4EN1 NO. R75-6010b, IN DU PAGE 000N1Y, ILLINJIS. 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: Jan zay Date called: 5/10/07 2:.25PM I verify that the information provided above is accurate. OV Printed Name Signature Date: Relationship to Applicant: jl'�*/� lC ( '��Y/E!�k� '"�� Gt•'� _._.................................__..__._........_._..._...._...-__...__..._.__._.._.....__......-_..__...._..._.__....._.--.---.__.__---._..._____..____..._.._____._.-__._..._..__...._.-.__.___._.__....._....__.-__...._........_...._...__.._-_..............__._......_._._...-..._.._.__._.._____. a� 13658 N. D. SAWLANI, M.D. Tv DATE PAY TO THE Village of OakBrook $ O ©C c ORDER OF r DOLLARS .« J Worgan do 1PMorgan Chase Bank,NJL o �/ .. y . . 1 / i OD�� (�•2— �°�!J S (vim— V�IQAVJ/ I CHECK $ CHECKS $ CASH INV K DATE NAME G.L.ACCOUNT# D SCRIPTION NUMBER INVALID VILLAGE OF OAK BROOK GNATUT 4 SIGNATURE of DEPARTMENT OF COMMUNITY DEVELOPMENT B 15562 1200 OAK BROOK ROAD r OAK BROOK, ILLINOIS �F` PHONE: (630)990-3045 7l RETAIN THIS RECEIPT FOR YOUR RECORDS II, 13658 N. D. SAWLANI, M.D. »0474 DATE ^ PAY TO THE Village of OakBrook $ ©C�G ORDER OF DOLLARS 8w� JPMorgan !, 1PMorgan Chase Bank,N.A. r, ,/�\�J� CHECK g CHECKS S CASH INV# DATE NAME 1! G.L.ACCOUNT# D SCRIPTION NUMBER INVALID VILLAGE OF OAK BROOK WITHOUT SIGNATURE DEPARTMENT OF COMMUNITY DEVELOPMENT B 15562 0 1200 OAK BROOK ROAD 4 OAK BROOK, ILLINOIS "o- '. PHONE: (630)990-3045 7 RETAIN THIS RECEIPT FOR YOUR RECORDS �. T 05/14/2007 MON 14:07 FAI 773 8600 c�►r�C� X002 May 14, 2007 To Whom It May Concem; I give the authority to A.W.Wendeil to pursue the request for variance for my property IoCated at 708 Deer Trail Road, Oak Brook, IL. 60523 N.D.SwMani, M.D. I it wll� +. 4 r .a+mo/' �, ,..--:�.. ':�:or•-o- �+.s�w�. �w 'w�r�.w.�.�meaiw.�.�qw 21 ii J�,>s "{ .+s _ •�ftlro'Y 5. ��-.'lam~ � ! `. � 4 N Y t• _ tea`-,_. _-'�a��.�.•.�_ ACAIX i r O FkT* NN ABOVE AREA IS AFFECTED BY VARIANCE j _ ABOVE AREA IS AFFECTED BY VARIANCE - n � J • V i Y i +.2 iP- .�` i• iL 8, �,�. "" "may •� � .�' d�" II .. 's SFr✓ y. DRAINAGE EASEMENT DICTATED PLACEMENT OF 1 � Y:•_ ORIGINAL BUILDING or a;. nyn,nnY�Yneaaawrtre 4. .#•• wh pry Y vl k»� I r DRAINAGE EASEMENT DICTATED PLACEMENT OF ORIGINAL BUILDING �w 4 LEGAL DESCRIPTION PLAT O SURVEY � LOT 59 IN HUNTER TRAILS WEST, BEING A SUBDIVISION OF PART OF LOT 1 IN OLD OAK BROOK ASSESSMENT PLAT NO. 1, OF PART OF THE NORTH HALF OF SECTION 35, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 1, 1975, AS DOCUMENT NO. R75-32184, IN DU PAGE COUNTY, ILLINOIS. FOUND FOUND 69 IRON PPE IRON \�/ ------ I < n ---------------"•I 1o'P.UJm 191.57'(R S89'38'41"E M 191.57' Mll +o P-ILC ----C` --� FOUND IRON PIPE .513'13' I o_0.10'WEST OF LIE 67�yyy�� / (R) i 90%R) i (ON LINE NORTH-SOUTH) FENCE 00Rf*R +7.5 San+ ZO EAST OF FOUND IRON PIPE •• v •• / / I °Facer I C14 10 / �6/124'51'26' (R) l I n n cq d \ •- N (NOT INCLUDED) \ i N \ N \ \\ � Z \ dt � , , z\ RETAIMMil ' \ WML m FOUND FOUND IRON PPE NZCN PIPE $ 8 60 �r \ \ \ 589.38'49-E(R) 403.50'(R) W Y \ 59 \ II \ S89'45'47-E(M) 403.11'(M) = a Ac--------------------------------------------------I � w$ N 15 PURE It \ \ p g, \ \ - a. - - - -- —L4 -- rn Lu \ \\ i ----- - p o / \ \ \ \ .om \ I I o FOUND ASPHALT PAYING I M / PIPE \ \ Cy @' eaoK °j s�a \\ \\ I NORTH Of LINE I Y7 I N r \ --------------- ----I O o = / C8 0 •O s - -- '• \\ . . . . . . to 4 . . . . . . . . . .r---1S P0.0E G '�' CL a to Z R¢sF• e�`�" \ �j � �_sc r \ r N89'40 22 M 214.50 cn u� ow m A_ 3j •' 2 STORY 9RICX Nt \ FOULING ADDITIONAL I a a o 13 0 -/ FRAME HOUSE \ IRON PPE 0.06'NORTH N89'38'49-W(R) 214.50•( 1' .0 00 4.00%mk we / 0.09'YIESf OF LMIE y.',•w` BACK OF CURB � ./ s.oc• .:� `�. \ I FOUND ICON BACK SOUTH OF LINE Olt' / •R's• \ \ I PPE(HELD) �` Y,• ,i :- . FOUND IRON PIPE I / I`I'IE� v lo,s-t t�om t.i /11s•e •' ;B•N.K-I( \ I `1 I I I N v o i 8 OR 1.11 WEST OF LIE Q l0 O 0.4\1' I FOUND RON PPE 0 N . . . . 132 W MELM A'S J,.6 .o 110 • . . . . h I la ASSESSMENT PLAT f>) otmx P�R FOUND IRON \\ \\ I I 13 c � a4�o sOUTrE�sT aF LINE N69•\.3\ i i i rn 1- n Ii / 9RICK aSVEwAY c �, CERTIFICATION li•�v� 1.25'SOUTH GF LIE 8 \ O STATE OF ILLINOIS) T3 COUNTY OF COOK)SS 58 % \\ E\\.(� THIS IS TO CERTIFY THAT THE ABOVE DESCRIBED PROPERTY WAS N BPopt ORNYEWAY \\\ 3 SURVEYED UNDER THE DIRECTION OF AN ILLINOIS PROFESSIONAL co 3.25'souTH OF LINE \ \ UMW SURVEYOR ON 6 AND THAT THIS PLAT IS A CORRECT REPRESENTATION OF SAID SURVEY. ALL DISTANCES 1 MM ARE IN FEET AND DECIMAL PARTS THEREOF. m M SYMBOLS IRON PIPE THIS PROFESSIONAL SERVICE COPiORMS TO THE CURRENT ILLINOIS N ABBREVIATIONS LINE LEGEND 0 FOUND IRON PPE o`jD� c'so MINIMUM STANDARDS FOR A BOUNDARY SURVEY. LANE OF LAD PER + CROSS N CONCRETE y?pANIEL W. 'pG COMPASS LTD.WA11M AL DESIGN FIRM WW-WIDOW WELL ® STORIN SRWICILAE jLL: uAl7ER ;� SUR NO 184-002778(TS) RBCORD BENgNG OR DISgNCE PALM LIE B TELEPHONE PEDESTAL CJ 35 •O /30 It G, pt„d1kA. ��OS 0 ASPHALT SURFACE M MEASURED BEATING OR 060INCE WEMI NT LINE m ELEGIAC PEDESTAL ILiihaOlS ; BY ' TE (C)-04CUATED REARM OR INSTANCE --- �+Em ME o f/IBIE TELEVISION PEDESTAL `/T;•. CONCRETE SURFACE (0) GEED 060VICE --- BULDNG SE18�CN LINE • B/BODf y 0 ;�\.�� ILLWOISUCENSE EXPIRESLAND SURVEYOR NO _x_X_CHAIN B.S.L.-IRI DMG SETBNp(LANE ---- SEMM LIE 7QC LIGHT POLE (SEND PA”-PUMJC VnUIY AND ORApNNE ERSELO1T E70SIING CONTOUR —o—o—WOOD FENCE DE-DFIRIM EASEMENT PROPOSED CONTOUR mm mw BOIAICw LINES DEPICT wen CURE OR HIED LDES-BULDm AND BLSDIDNT LIES sm PER am=mmmsm PLAT.REFER TO TIRE PO rtmR stmamENO Am(WCILDNS. G:\PSI)ATA\9000\9106\9106 plot-DWG Ordinance 2007- ZO -V -S -1202 Granting Var Side Yard Setback (Sawlani- Wendell — 708 Deer Trail Ln Oak, Brook, IL 60523, 06 -35- 206 -007) Page 2 of 3 Property shall be in compliance with all Village ordinance requirements in the building permit process except as specifically varied or waived Section 6: This Ordinance is limited and restricted to the property known as 708 Deer Trail Lane, Oak Brook, Illinois, which property is legally described as follows: LOT 59 IN HUNTER TRAILS BEING A SUBDIVISION OF PART OF LOT 1 IN OLD OAK BROOK ASSESSMENT PLAT NO. 1, OF PART OF THE NORTH HALF OF SECTION 35, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 1, 1975, AS DOCUMENT NO. R75 -32184 AND SUBJECT TO THE CERTIFICATE OF CORRECTION RECORDED OCTOBER 31, 1975 AS DOCUMENT NO. R75- 60106,IN DU PAGE COUNTY, ILLINOIS PERMANENT INDEX NUMBER 06 -35- 206 -007 Section 7- All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of the conflict. Section 8 Upon failure or refusal of the Applicant or Owner, or any of their 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 9- 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 10 Nothing in this Ordinance shall create, or shall be construed or interpreted to create, any third party beneficiary rights Section 11 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. J( hKh W. Craig Village President v° PASSED THIS 14th day of August, 2007. Ayes. Trustees Carson, Kennedy, Manofsky, Sanford and Woling Nays None Absent- Trustee Saived ap. C* rjtfi4TV . ATTEST: Lip Charlotte K Pruss Village Clerk Ordinance 2007- ZO -V -S -1202 Granting Var Side Yard Setback (Sawlarn- Wendell — 708 Deer Trail Ln Oak, Brook, IL 60523, 06 -35- 206 -007) Page 3 of 3