S-1086 - 10/26/2004 - ZONING - OrdinancesJ.P. "RICK" CARNEY
OUPFGE C011lITY gECOXpFN
XOV.17.2004 3:47 PM
OTHER O6 -Z5 -101 -001
009 PAGES R2004- 293143
(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 2004- ZO- V -EX1- S -1086 AN ORDINANCE GRANTING A
VARIATION FROM THE PROVISIONS OF SECTION 9 -6 -3 -V OF TITLE 9 ( "STORM WATER
FLOODPLAIN, AND SEDIMENTATION AND EROSION CONTROL REGULATIONS ") OF THE
VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO RELOCATING EXISTING
BUNKERS AND TEE BOXES WITHIN THE FLOODWAY OF SALT CREEK (Butler National Golf
Club - 2616 York Road, West of York, South of 22" Street, East of Jorie Boulevard, _Oak Brook, IL
60523 (170 acres) P.I.N. #s 06 -26- 401 -002, 06 -26- 202 -002, 06 -25- 101 -002, 06 -25- 300 -018)
Property Address /es: 2616 YORK ROAD, WEST OF YORK, SOUTH OF 22ND STREET, EAST OF
JORIE BOULEVARD, OAK BROOK, IL 60523 (170 ACRES)
(If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 )
Pin /s Number 06 -26- 401 -002, 06 -26- 202 -002, 06 -25- 101 -002, 06 -25- 300 -018
Name & Address of Applicant BUTLER NATIONAL GOLF CLUB, ATTENTION: MIKE SAULS, 2616
YORK ROAD OAK BROOK IL 60523
Name & Address of Responsible BUTLER NATIONAL GOLF CLUB, ATTENTION. MIKE SAULS
Partv to Receive Recorded 2616 YORK ROAD
Copy of Document and Billing: OAK BROOK, IL 6052
G/L Account # to be Charged 10 -1365
Prepared By: Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
Return To: Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
Name & Address of Recipient
of Consideration (when applicable): N/A
G/L Account # to be Charged
ORDINANCE 2004-ZO-V- EX 1 -S- 10 8 6
AN ORDINANCE GRANTING A VARIATION FROM THE
PROVISIONS OF SECTION 9 -6 -3 -V OF TITLE 9
( "STORM WATER, FLOODPLAIN, AND SEDIMENTATION
AND EROSION CONTROL REGULATIONS ") OF THE VILLAGE CODE
OF THE VILLAGE OF OAK BROOK RELATIVE TO
RELOCATING EXISTING BUNKERS AND TEE BOXES WITHIN
THE FLOODWAY OF SALT CREEK
(Butler National Golf Club — 2616 York Road, West of York, South of 22nd Street,
East of Jone Boulevard, Oak Brook, IL 60523 (170 acres)
P I N #s 06 -26- 401 -002, 06 -26- 202 -002, 06 -25- 101 -002, 06 -25- 300 -018)
WHEREAS, the Village of Oak Brook has heretofore adopted an ordinance setting forth the Storm
Water Floodplain, and Sedimentation and Erosion Control Regulations ( "Storm Water Regulations ") for
the Village of Oak Brook in Title 9 of the Village Code, and
WHEREAS, Section 9- 12 -1of the Village Code sets forth the authority and standards of the
granting of variations to the Storm Water Regulations, and
WHEREAS, Mike Sauls (Petitioner) is the owner of certain property legally described in Exhibit
"A ", attached hereto and made a part hereof
WHEREAS, the Subject Property is located within the regulatory floodway portion of the
regulatory floodplain, and
WHEREAS, a golf course is not listed as an appropriate use in the floodway in Section 9 -6 -3 -V of
the Village Code,
WHEREAS, the Petitioner has submitted a petition for a variation to allow the relocation of
bunkers and tee boxes within the floodway of Salt Creek, and
WHEREAS, on October 5, 2004, the Zoning Board of Appeals of the Village of Oak Brook
conducted a public hearing at the Oak Brook Village Hall, 1200 Oak Brook Road, Oak Brook, Illinois in
connection with the aforesaid petition, after due and appropriate legal notice was given, and
WHEREAS, the Zoning Board of Appeals found that the petitioner addressed the factors as
required for approval of a variation to Title 9 by providing specific testimony as follows
• Granting the variation would not alter the essential character of the area involved,
including existing stream uses
• Carrying out the strict letter of the provisions of this title would create an undue or
particular hardship or difficulty on this owner
• The relief requested is the minimum necessary and there are no practicable means other
than the requested variation by which the alleged hardship can be avoided or remedied
to a degree sufficient to permit the reasonable continuation of the development
Ordinance 2004- ZO- V- EX1 -S- 1086
Granting Variation from Sec
9 -6 -3 -V Page 2 of 3
(Butler National Golf Club — 2616 York Road)
(06 -26- 401 -002, 06 -26- 202 -002,
06 -25- 101 -002, 06 -25- 300 -018)
•
This applicant's circumstances are unique and do not represent a general condition or
problem
• The subject development is exceptional as compared to other developments subject to
the same provision
• A development proposed for a special management area could not be constructed if it
were limited to areas outside the special management area
WHEREAS, the Zoning Board of Appeals recommended approval of the requested variation
subject to the conditions stated in Section 2 of this ordinance, and
WHEREAS, the Village President and Board of Trustees concur with the findings and
recommendations made by the Zoning Board of Appeals, and
WHEREAS, all applicable requirements of Section 9 -12 -1 of the Village Code relating to the
granting of variations to the Storm Water Regulations have been met
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 recitals hereto are incorporated as part of this ordinance
SECTION 2 A variation to Section 9 -6 -3 -V of the Storm Water Regulations of the Oak Brook
Village Code is hereby granted to permit the relocation of existing bunkers and tee boxes within the
floodway of Salt Creek subject to the following conditions
1 The development shall be in substantial conformance with the plans prepared by Christopher
B Burke Engineering, Ltd as revised in September 2004 and submitted as Exhibit Books C
and D in the case file
2 Final Engineering approval
SECTION 3 This Ordinance is limited and restricted to the property commonly known as Butler
National Golf Club — 2616 York Road, Oak Brook, Illinois, P I N #s 06 -26- 401 -002, 06 -26- 202 -002, 06-
25- 101 -002, 06 -25- 300 -018
SECTION 4 All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of the conflict
SECTION 5 This ordinance shall be in full force and effect from and after its passage, approval
and publication as required by law
Ayes
Nays
Ordinance 2004- ZO- V -EX1 -S -1086
Granting Variation from Sec
9 -6 -3 -V Page 3 of 3
(Butler National Golf Club — 2616 York Road)
(06 -26- 401 -002, 06 -26- 202 -002,
06 -25- 101 -002, 06 -25- 300 -018)
APPROVED THIS 26th day of October, 2004
KeVI Quinlan I K�71-Zt,'
Vl ge President
PASSED THIS 26th day of October, 2004
W
Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis
None
Absent N
4
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ATTEST
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Linda K Gonnella, CMC
Village Clerk
10 i -111�1
LEGAL DESCRIPTION OF BUTLER NATIONAL GOLF CLUB
PARCEL "A"
Those parts of Sections 25 and 26, Township 39 North, Range 11, East of the Third Principal
Meridian and parts of Lots 1, 2, 6, 8 and 16 in the plat of lands of F O. and J.F Butler, DuPage
County, Illinois as per plat thereof, recorded February 13, 1912 as Document No. 107037,
described as follows: Commencing at the center of said Section 25, thence South 89 degrees
44 minutes 33 seconds West along the South line of the Northwest quarter of said Section 25,
a distance of 937.89 feet; thence South of 0 degrees 15 minutes 27 seconds East at right
angles to last described line a distance of 51.80 feet; thence South of 89 degrees 44 minutes
33 seconds West Parallel with the North line of the Southwest quarter of said Section 25, a
distance of 790 62 feet to the place of beginning; thence continuing South 89 degrees 44
minutes 33 seconds West along said parallel line a distance of 898.31 feet, more or less, to
point on the West line of the Southwest quarter of said Section 25, said point being 51.80 feet
South 0 degrees of 05 minutes 55 seconds East of the West quarter corner of said Section
25; thence South 89 degrees 28 minutes 02 seconds West, parallel with the North line of the
South east quarter of said Section 26, a distance of 570.75 feet to the center thread of Salt
Creek; thence Southerly along the center thread of Salt Creek the following eight courses and
distances (1) South 7 degrees 27 minutes 27 seconds East a distance of 59 91 feet; (2)
thence South 22 degrees 59 minutes 47 seconds West a distance of 402.00 feet; (3) thence
South 9 degrees 18 minutes 58 seconds West, a distance of 100.98 feet; (4) thence South 1
degree 41 minutes 03 seconds East a distance of 92.01 feet; (5) thence South 5 degrees 43
minutes 56 seconds East, a distance of 102.84 feet; (6) thence South 12 degrees 54 minutes
23 seconds West, a distance of 200.81 feet; (7) thence South 18 degrees 31 minutes 18
seconds West, a distance of 101.79 feet; (8) thence South 30 degrees 37 minutes 59 seconds
West, a distance of 164.77 feet; thence North 31 degrees 30 minutes 21 seconds West, a
distance of 283.68 feet; thence North 36 degrees 03 minutes 11 seconds West, a distance of
23.38 feet, thence North 48 degrees 25 minutes 50 seconds, a distance of 17.80 feet; thence
North 60 degrees 14 minutes 11 seconds West, a distance of 18.21 feet; thence North 76
degrees 19 minutes 55 seconds West, a distance of 22.69 feet; thence North 55 degrees 22
minutes 48 seconds West, a distance of 99 73 feet; thence North 37 degrees 43 minutes 26
seconds West, a distance of 97.09 feet; thence North 53 degrees 55 minutes 52 seconds
West, a distance of 658.29 feet, thence North 67 degrees 57 minutes 55 seconds West, a
distance of 452 22 feet, more or less, to a point on the East line of Lot 3 in Oak Brook
Investment Company Assessment Plat No. 3, as per plat thereof, recorded July 23, 1964 as
Document No. R64- 26333, said point being 243.64 feet South 27 degrees 50 minutes 10
seconds East of the Northeast corner of said Lot 3; thence Northerly and Westerly, along the
East lines of Lots 2 and 3 in Oak and Westerly, along the East lines of Lots 2 and 3 in Oak
Brook Investment Company Assessment Plat No. 3, the following three (3) courses and
distances: (1) North 27 degrees 50 minutes 10 seconds West, a distance of 243.64 feet to the
Northeast corner of Lot 3; (2) thence North 27 degrees 50 minutes 10 seconds West, a
distance of 430.63 feet (430 71 feet recorded); (3) thence North 0 degrees 02 minutes 00
seconds East, a distance of 803.24 feet, more or less, to a point on the South line of Jorie
Boulevard as dedicated in Corporate Plaza Subdivision Unit One, as per plat thereof recorded
October 14, 1970 as Document No R70- 37311, and vacated per plat of vacation recorded
April 28, 1972, Document No. R72- 21725, which point is 76 69 feet, arc - measure, along said
Southerly line, Northeasterly of the Southwest corner of said Jone Boulevard; thence North
and East along the Southerly line of Jorie Boulevard as dedicated per Document No. R70-
37311, the following three courses, curves, and distances; (1) Northeasterly along an arc of a
circle, being convex to the Northwest, having a radius of 474 feet, the chord thereof having a
bearing of North 67 degrees 39 minutes 01 second East and a length of 358.74 feet, an arc -
distance of 367.91 feet to a point of tangency; (2) thence North 89 degrees 53 minutes 10
seconds East, a distance of, 1647 75 feet to a point of curvature; (3) thence Northeasterly
along an arc of a circle being convex to the Southeast, having a radius of 574 feet, the chord
thereof, having a bearing of North 59 degrees 03 minutes 46 seconds East and a length of
588.23 feet, and arc - distance of 617.59 feet; thence South 77 degrees 30 minutes 42 seconds
East, a distance of 254 41 feet; thence North 68 degrees 11 minutes 47 seconds East, a
distance of 289.97 feet, thence South 61 degrees 53 minutes 15 seconds East, a distance of
783.73 feet to the centerthread of Salt Creek; thence along the centerthread of Salt Creek the
following seventeen courses and distances: (1) North 21 degrees 03 minutes 27 seconds East,
a distance of 101 36 feet; (2) thence North 19 degrees 48 minutes 47 seconds West, a
distance of 35.24 feet; (3) thence North 72 degrees 33 minutes 30 seconds West, a distance
of 85.60 feet; (4) thence North 25 degrees 59 minutes 25 seconds West, a distance of 33 40
feet; (5) thence North 20 degrees 34 minutes 40 seconds East, a distance of 38.34 feet, (6)
thence North 47 degrees 49 minutes 29 seconds East, a distance of 21 06 feet; (7) thence
North 75 degrees 04 minutes 19 seconds East, a distance of 41.77 feet; (8) thence South 62
degrees 24 minutes 06 seconds East, a distance of 143.64 feet, (9) thence South 52 degrees
51 minutes 32 seconds East, a distance of 75.26 feet; (10) thence South 10 degrees 18
minutes 20 seconds East, a distance of 37.78 feet; (11) thence South 44 degrees 37 minutes
42 seconds East, a distance of 54.08 feet; (12) thence South 33 degrees 05 minutes 26
seconds East, a distance of 95.57 feet; (13) thence South 6 degrees 55 minutes 35 seconds
East, a distance of 56.01 feet; (14) thence South 30 degrees 07 minutes 42 seconds West, a
distance of 50.73 feet; (15) thence South 60 degrees 56 minutes 59 seconds West, a distance
of 65 64 feet; (16) thence South 25 degrees 13 minutes 17 seconds West, a distance of
100.92 feet, (17) thence South 16 degrees 22 minutes 23 seconds West, a distance of 60.82
feet, thence South 54 degrees 58 minutes 35 seconds East, a distance of 401.35 feet; thence
South 17 degrees 53 minutes 13 seconds East, a distance of 340 40 feet; thence South 50
degrees 20 minutes 30 seconds East, a distance of 125.30 feet to a point of curvature;
thence Southerly along an arc of a circle, being convex to the Northeast, having a radius of
210 feet, the chord thereof, having a bearing of South 17 degrees 16 minutes 36 seconds East
and a length of 229.15 feet, an arc - distance of 242.38 feet to a point of tangency; thence
South 15 degrees 47 minutes 18 seconds West, a distance of 56.90 feet, more or less, to a
point which is 69 89 feet North 15 degrees 47 minutes 18 seconds East of a point on the South
line of the Northwest quarter of said Section 25, which point is 729 61 feet South 89 degrees
44 minutes 33 seconds West, of the center of said Section 25; thence South 87 degrees 00
minutes 00 seconds West, a distance of 84 71 feet to a point of curvature; thence Westerly
along an arc of a circle, being convex to the South, having a radius of 600 feet, the chord
thereof having a bearing of North 87 degrees 26 minutes 18 seconds West and a length of
116 30 feet, an arc - distance of 116 48 feet to a point of tangency, thence North 81 degrees 52
minutes 36 seconds West, a distance of 58.67 feet to a point of curvature; thence
Northwesterly along an arc of a circle, being convex to the Southwest, having a radius of 30
feet, the chord thereof having a bearing of north 62 degrees 06 minutes 14 seconds West and
a length of 20.30 feet, an arc- distance of 20.71 feet to a point of reversed curvature; thence
Northwesterly along an arc of a circle being convex to the Northeast having a radius of 30 feet,
the chord thereof having a bearing of North 69 degrees 02 minutes 37 seconds West, and a
length of 26 97 feet, an arc - distance of 27.97 feet to a point of tangency; thence South 84
degrees 14 minutes 37 seconds West, a distance of 139 23 feet; thence South 38 degrees 47
minutes 05 seconds West a distance of 17.46 feet, thence South 67 degrees 40 minutes 42
seconds West, a distance of 30.35 feet; thence South 51 degrees 54 minutes 11 seconds
West, a distance of 47.12 feet; thence South 80 degrees 31 minutes 54 seconds West, a
distance of 507.98, more or less, the place of beginning;
"PARCEL B ".
Those parts of Lots 1,2 and 3 in Oak Brook Investment Company Assessment Plat No. 3,
aforesaid, described as follows: Beginning at the Northeast corner of said Lot 3, thence North
27 degrees 50 minutes 10 seconds West, along the East line of said Lot 2, a distance of
430.63 feet (recorded 430.70 feet) to an angle point in the East line of said Lot 2; thence North
0 degrees 02 minutes 00 seconds East along the East line of Lot 2, a distance of 803.24 feet,
more or less, to a point on the South line of Jorie Boulevard as dedicated in Corporate Plaza
Subdivision Unit One, as per plat thereof recorded October 14, 1970 as Document No. R70-
37311, and vacated per plat of vacation recorded April 28, 1972, Document No. R72- 21725,
said point being 76.69 feet arc - measure along said Southerly line, Northeasterly of the
Southwest corner of said Jorie Boulevard; thence Southwesterly along the Southerly line of
said vacated Jorie Boulevard, being also an arc of a circle, convex _to the Northwest, having a
radius of 474 feet, the chord thereof, having a bearing of South 40 degrees 46 minutes 46
seconds West, and a length of 76.60 feet, an arc - distance of 76.69 feet to the most Southerly
corner of vacated Jorie Boulevard aforesaid, thence North 0 degrees 02 minutes 00 seconds
East along the West line and the West line extended North of said vacated Jorie Boulevard, a
distance of 188.23 feet to the Southerly line of Jone Boulevard, as dedicated in Corporate
Plaza Subdivision Unit Two, as per plat thereof, recorded August 10, 1972 as Document No.
R72- 46895; thence South and West along the Southerly and easterly lines of Jorie Boulevard
as dedicated per Document No. R72- 46895. The following two (2) curves, courses, and
distances: (1) Southwesterly along an arc of a circle, being convex to the Northwest, having a
radius of 330.82 feet, the chord thereof, having a bearing of South 39 degrees 41 minutes 19
seconds West and a length of 423.47 feet, an arc - distance of 459.54 feet to a point of
tangency; (2) thence South 0 degrees 06 minutes 20 seconds East a distance of 868 86 feet;
thence South 56 degrees 34 minutes 26 seconds East, a distance of 424.59 feet, thence
South 70 degrees 23 minutes 58 seconds East, a distance of 256 19 feet, thence South 67
degrees 57 minutes 55 seconds East, a distance of 40.38 feet, more or less, to a point in the
Easterly line of said Lot 3, which point is 243.64 feet South 27 degrees 50 minutes 10
seconds East of the Northeast corner of said Lot 3; thence North 27 degrees 50 minutes 10
seconds West, a distance of 243 64 feet to the place of beginning; And also-
PARCEL "C ":
Lot 2 in Oak Brook Development Company's Jone Boulevard Resubdivision of Lot 6, in
Corporate Plaza Subdivision Unit One, being a Subdivision of parts of Sections 25 and 26,
aforesaid, as per plat of said Resubdivision recorded April 25, 1972, as Document No. R72-
21079; And Also
PARCEL "D"
That part of Jorie Boulevard is dedicated in Corporate Plaza Subdivision Unit One, as per plat
thereof, recorded October 14, 1970 as Document No. R70- 37311, and vacated per Plat of
Vacation recorded April 28, 1972, Document No. R72- 21725, all in DuPage County, Illinois
SAID PARCELS "A ", "B ", "C ", "D"
HEREINABOVE DESCRIBED, taken as a tract, being bounded westerly and northerly by, and
adjoining, the existing Easterly and Southerly right -of -way lines of Jorie Boulevard as
dedicated per Document Number R73 -30748 in the Recorder's Office of DuPage County.
Illinois; as dedicated per Corporate Plaza Subdivision Unit Two, being a Subdivision recorded
as Document Number R72 -46895 in the Recorder's Office of DuPage County, Illinois; and as
dedicated per Corporate Plaza Subdivision Unit One, being a subdivision recorded as
Document Number 70 -37311 in the Recorder's Office of DuPage County, Illinois; and as
vacated per document number R72 -21725 in the Recorder's Office of DuPage County, Illinois;
being also bounded Northerly by, and adjoining, 711 Jorie Boulevard Subdivision, being a
subdivision recorded as Document Number R78- 109620 in the Recorder's Office of DuPage
County, Illinois; being also bounded Northerly, Easterly, and Southerly by, and adjoining,
Sports Core Subdivision, being a subdivision recorded as Document Number R79- 278489 in
the Recorder's Office of DuPage County, Illinois, and being also bounded southerly by, and
adjoining, Butler GHG Subdivision, being a subdivision recorded as Document Number R80-
44966 in the Recorder's Office of DuPage County, Illinois.
Said parcels "a ", "b ", "c ", "d" hereinabove described, contain a total of 167.090 acres, more or
less.
Permanent Parcel # 06 -25- 300 -018; 06 -25- 101 -002, 06 -26- 202 -002; 06 -26- 401 -002 (The area
is commonly known as the Butler National Golf Club)
•
STATE OF ILLINOIS )
SS.
COUNTIES OF COOK AND DUPAGE )
I, Linda K. Gonnella, do hereby certify that I am the duly elected and acting
Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois.
I DO FURTHER CERTIFY that on October 26, 2004 , the corporate
authorities of the above municipality passed and approved
Ordinance 2004-ZO-V-EX1-S-1086 ,
AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 9-6-3-V
OF TITLE 9 ("STORM WATER, FLOODPLAIN, AND SEDIMENTATION AND EROSION CONTROL
REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO
RELOCATING EXISTING BUNKERS AND TEE BOXES WITHIN THE FLOODWAY OF SALT CREEK
(Butler Nationa1-G61f°�'Club- 2616 York Road, West of York, South of 22nd
Street, East of Jorie Boulevard, Oak Brook, IL 60523 (170 acres)
P.I.N. #s 06-26-401-002, 06-26-202-002, 06-25-101-002, 06-25-300-018)
I DO FURTHER CERTIFY that the original documents, of which the
annexed copy is a true copy, is entrusted to my care for safekeeping and I am the
keeper of the same.
I DO FURTHER CERTIFY that I am the keeper of the records, journals,
entries, resolutions, 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 15th day of November , 2004 ,
® - a K. onnella, CMC
° age Clerk
G •r
age of Oak Brook
uPage and Cook Counties, IL
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AGENDA ITEM
Regular Board of Trustees Meeting
of
October 12, 2004
SUBJECT: Butler National Golf Club—2616 York Road—Variation—Title 9-Storm Water,
Floodplain and Sedimentation and Erosion Control Regulations—Section 9-6-3V
FROM: Robert L. Kallien, Jr., AICP, Community Development Director t_/
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to concur with the recommendation of the Zoning
Board of Appeals and approve the requested variation and authorize the Village Attorney
to draft the necessary ordinance for final consideration at the October 26, 2004 Board of
Trustees meeting.
Backeround/History:
Butler National Golf Club, the owner of the property located at 2616 York Road has submitted a
petition seeking approval of a variation to Title 9 - Storm Water, Floodplain and Sedimentation
and Erosion Control Regulations of the Village allow the relocation of existing bunkers and tee
boxes within the floodway of Salt Creek.
Golf courses are not specifically listed as an appropriate use in the floodway. Accordingly, since
the proposed improvements are not listed as permitted activities, it was determined that the
requested variation was necessary.
Recommendation:
The Zoning Board of Appeals, by a vote of 5 to 0 have recommended approval of the requested
variation in order to permit the relocation and reconstruction of several bunkers and tee boxes that
are within the floodway of Salt Creek subject to the following conditions:
• The development shall be in substantial conformance with the plans as submitted (see
Exhibits Books C and D of the case file).
• Final Engineering approval of the Stormwater permit applications.
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In making this recommendation, the Zoning Board of Appeals found that the petitioner has
addressed the factors as required for approval of a variation to Title 9. In particular, the applicant
has provided testimony that:
1. Granting the variation shall not alter the essential character of the area involved,
including existing stream uses; and
2. Carrying out the strict letter of the provisions of this title would create an undue or
particular hardship or difficulty on a specific developer or owner; and
3. The relief requested is the minimum necessary and there are no practicable means other
than the requested variation by which the alleged hardship can be avoided or remedied to
a degree sufficient to permit the reasonable continuation of the development; and
4. The applicant's circumstances are unique and do not represent a general condition or
problem; and
5. The subject development is exceptional as compared to other development subject to the
same provision; and
6. A development proposed for a special management area could not be constructed if it
were limited to areas outside the special management area.
/�
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9CFCOUN1I
Village of October 7, 2004
Oak Brook Village President Quinlan and Board of Trustees
1200 Oak Brook Road Village of Oak Brook
Oak Brook,IL 60523-2255
website 1200 Oak Brook Road
www.oak-brook.org Oak Brook, IL 60523
Administration
630.990.3000 SUBJECT: 2616 York Road—Butler National Golf Club—Variation to Title 9—
FAX 630.990.0876 Reconstruction of Bunkers and Tee Boxes
Community
Development Dear President Quinlan and Board of Trustees:
630.990.3045
FAX 630.990.3985 At its meeting on October 5, 2004, the Zoning Board of Appeals reviewed a request
Engineering
from Butler National Golf Club, the owner of the property located at 2616 York
Department Road seeking approval of a variation to Title 9 - Storm Water, Floodplain and
630.990.3010 Sedimentation and Erosion Control Regulations of the Village to allow the
FAX 630.990.3985 relocation of existing bunkers and tee boxes within the floodway of Salt Creek.
Fire Department Golf courses are not specifically listed as an appropriate use in the floodway.
630.990.3040 Accordingly, since the proposed improvements are not listed as permitted
FAX 630.990.2392 activities, it was determined that the requested variation was necessary.
Police Department All interested parties were notified of the public hearing. No one spoke in support
630.990.2358 of or in opposition to the proposed variation.
FAX 630.990.7484
Public works The Zoning Board of Appeals, by a vote of 5 to 0 recommended approval of the
Department requested variation in order to permit the relocation and reconstruction of several
630.990.3044 bunkers and tee boxes that are within the floodway of Salt Creek subject to the
FAX 630.472.0223
following conditions:
Oak Brook . The development shall be in substantial conformance with the plans as
Public Library submitted (see Exhibits Books C and D of the case file).
600 Oak Brook Road • That all comments contained in Village Engineer Durfey's memorandum
Oak Brook,IL 60523-2200 dated September 15, 2004 are addressed.
630.990.2222
FAX 630.990.4509 In making this recommendation, the Zoning Board of Appeals found that the
petitioner has addressed the factors as required for approval of a variation to Title
Oak Brook Sports Core 9. In particular, the applicant has provided testimony that:
Bath&Tennis Club 1. Granting the variation shall not alter the essential character of the area
700 Oak Brook Road
Oak Brook,IL 60523-4600 involved, including existing stream uses; and
630.990.3020
FAX 630.990.1002 2 Carrying out the strict letter of the provisions of this title would create an
Golf Club undue or particular hardship or difficulty on a specific developer or owner;
2606 York Road and
Oak Brook,IL 60523-4602
630.990.3032
FAX 630.990.0245
October 7, 2004
President Quinlan and Board of Trustees
RE: 2616 York Road—Butler National—Variation
Page 2
3. The relief requested is the minimum necessary and there are no practicable
means other than the requested variation by which the alleged hardship can
be avoided or remedied to a degree sufficient to permit the reasonable
continuation of the development; and
4. The applicant's circumstances are unique and do not represent a general
condition or problem; and
5. The subject development is exceptional as compared to other development
subject to the same provision; and
6. A development proposed for a special management area could not be
constructed if it were limited to areas outside the special management area.
Very truly yours,
Champ Day s
Chairman
Zoning Board of Appeals
N
N
Chairman Davis commented that it 1987 it look a while to clear the water
off the course.
Mr. Kelsey responded that for those that recall those days, and recall the
implementation of the County Stormwater Ordinance that was an issue.
Subsequently, the interpretation by the County has been a standing
condition where in golf course uses and changes at other courses on Salt
Creek were allowed without variances. DuPage County did not see fit in
this case to support that viewpoint and asked them to obtain a variance
through the Village. It is an allowable use under the state rules which the
county has been delegated by the State of Illinois; the County has a more
restrictive standard.
Chairman Davis said that it is his understanding that no structures are
being built it is simply relocating and rebuilding bunkers and tees.
Mr. Kelsey said that there are no bridges or building structures, it is simply
re-grading within the floodway.
Chairman Davis asked that they respond to the standards required for
approval of the variation.
Mr. Kelsey said that the standards that need to meet are as follows.
1. Subsection K of 9-12-1, that a variance in the floodway would not
be less restrictive than the state or federal regulations. In this case
those regulations would be the Illinois Department of Natural
Resources Office of Water Resources Federal Emergency
Management Agency. They are not outside the standards imposed.
2. They need to meet the requirements that there will not be additional
expenses outside of Butler National Golf Course. All of the
expenses for these impacts in terms of flood protection will be
incurred on Butler National Golf property alone. However, the
relocation has allowed the Club an opportunity to provide some
environmental enhancements with some of the water features on
the course and to eliminate some existing minor erosion problems,
so it will be an environmental improvement. Additionally, there
will be significant new landscape plants to enhance the play of the
course.
3. The flood elevations will not be changed off site, either upstream or
downstream as a result of this project. This is the key provision to
everyone when you look at whether or not any impacts should be
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 13 of 17 October 5, 2004
w �
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granted in the floodway is whether there will be any impacts
upstream or downstream from the site. They will all be incurred
within the site. DuPage County rules and Village rules require that
they do compensation within the same hydraulic cross-section of
the Creek. They have been able to accommodate that condition; the
hydraulic impacts are truly minor.
4. In every way they are in compliance with Title 9.
5. They have gone through a technical review with the Village's
consultant, Earth Tech and have satisfied their concerns as well as
the Village Engineer's concerns.
Chairman Davis noted that they have addressed the standards in Book C,
Tab 6 on pages 4 or 5.
No one in the audience spoke in support or in opposition to the request.
Mr. Kelsey said that this matter has been approved by the Stormwater
Committee at the County.
Member Ascher said that after the 100 year flood there was remediation
effort through the County and to store the water somewhere and it seems
that we do not have as much of problem with flooding. Does this effect
what we might see in the future as to the 100-year flood as to how high it
might get.
Mr. Kelsey responded that the 100-year one hundred year flood plain has
been amended as the result of a number of reservoir projects, Wooddale,
Elmhurst, Itasca, Chicago, Stone, a number of online reservoirs, the West
Wood Creek Reservoir and the West Busse Wood Reservoir is being
modified after 15 years of discussion. That lowers the peak of the major
flood event, but it prolongs the time that there is flooding within the flood
plain area at lower elevations to below the 10 year event. What we see are
lower peaks, but more prolonged flood events. The damage comes to many
environmental conditions and particularly turf when it is submerged for
long periods of time. So moving tees out of the 100 year floodway allows
them to remain in better shape during the flood event. Those projects have
had a significant impact. One of the intended consequences to reduce flood
damage is to have a flood that lasts for a longer period of time; smaller
floods are more prolonged as detention basins release at a slower rate.
Mr. Kelsey addressed the comments in Village Engineer Durfey's
memorandum.
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 14 of 17 October 5, 2004
//V+,61
N
Chairman Davis said that it appears that the standards have been met in
writing and in testimony by the petitioner for the grant of the variation.
Member Sanford motioned, seconded by Member Young to recommend
approval of the variation to Title 9 as requested, subject to the following
conditions:
1. The development shall be constructed in substantial conformance with
the plans as submitted in Books labeled C and D as part of the case file.
2. Address all comments set forth in Village Engineer Durfey's
memorandums.
ROLL CALL VOTE:
Ayes: 5 —Members Ascher, Sanford, Shah, Young and Chairman Davis
Nays: 0—
Absent: 1 —Member Mueller. Motion Carried.
5. C. VILLAGE OF OAK BROOK — TEXT AMENDMENT TITLE 13 —
ZONING ORDINANCE — CHAPTER 14 — ADMIINISTRATION AND
ENFORCEMENT — AN AMENDMENT TO THE NOTIFICATION
REQUIREMENTS
Director of Community Development Kallien said that on September 20,
2004 the Plan Commission recommended to concur with the staff report
recommendation to enhance our public notification requirements.
At the present time our notification procedures are completely within the
guidelines of the state statutes. A public notice is placed in a newspaper of
general circulation within the community summarizing the request and the
date, time and location of the public hearing within 15 days of the hearing.
Not everyone reads the newspaper so all property owners within 250 feet
of the subject property receive a letter summarizing the request and the
date, time and location of the public hearing. The names are obtained
directly from the Assessor's office. There are times that people have taken
exception that they have received one. We felt that there was a need to
take a final step to ensure public awareness of public hearings. Most
communities in the region employ the standard of requiring that a
temporary sign be placed on the property stating that it is the subject of a
public hearing. If someone does not read it in the newspaper, or receive a
notice, and they live in the area, they will probably drive past it. The sign
is meant to get your attention and basically get the public to call the
Village. If someone is not reached by one of those mechanisms at least the
Village has done its best in its notification efforts. As a courtesy, we also
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 15 of 17 October 5, 2004
VILLAGE OF OAK BROOK
Zoning Board of Appeals
STAFF REPORT
DATE: September 28, 2004
FILE NOS: 2004-021-SW-VAR
DESCRIPTION: Variation to Title 9— Storm Water, Floodplain and Sedimentation and Erosion
Control Regulations
PETITIONER: Butler National Golf Club
2616 York Road
Oak Brook, IL 60523
LOCATION: 2616 York Road, West of York, South of 22°a Street, East of Jorie Blvd.
ACREAGE: 170 acres
EXISTING ZONING/USE: R-1 Single-Family Detached Residence District, presently improved with a
golf course and related amenities.
ZONINGIUSE OF SURROUNDING PROPERTY:
North: ORA-1, Office-Research-Assembly District, Office buildings.
South: CR, Conservation/Recreation District, Open Space Use — Village of Oak
Brook Sports Core.
East: CR, Conservation/Recreation District, Golf Course—Village of Oak Brook.
West: ORA-1, Office-Research-Assembly District, Office buildings.
DISCUSSION: Butler National Golf Club,the owner of the golf course and related amenities
located at 2616 York Road has requested approval of a variation to Title 9 -
Storm Water,Floodplain and Sedimentation and Erosion Control Regulations
of the Village Code to permit course improvements. Particularly, as part of the
club's fairway and bunker reconstruction project, Butler National seeks to
relocate several existing bunkers and tee boxes that are located within the
floodway of Salt Creek.
Golf courses are not specifically listed as an appropriate use in the floodway.
Also, since the proposed improvements are not listed as permitted activities,
the variation is necessary.
Please see Village Engineer Durfey's comments on the proposed variation in
his memorandum dated September 9 and September 15, 2004 included in the
case file.
Ask
STAFF REPORT—STORMWATER VARIATION
BUTLER NATIONAL GOLF CLUB—2616 YORK ROAD
CASE No.2004-021-SW-VAR
RESPONSIBILITIES OF HEARING BODIES:
The Zoning Board of Appeals has the responsibility to hold the required public
hearing and make a recommendation on the request for a variation to Title 9 of
the Village Code. Please include in your consideration, your findings with
respect to the standards specified in the Village Code for a Variation to Title 9
which are listed in the following:
1. Granting the variation shall not alter the essential character of the area
involved, including existing stream uses; and
2. Carrying out the strict letter of the provisions of this title would create
an undue or particular hardship or difficulty on a specific developer or
owner; and
3. The relief requested is the minimum necessary and there are no
practicable means other than the requested variation by which the
alleged hardship can be avoided or remedied to a degree sufficient to
permit the reasonable continuation of the development; and
4. The applicant's circumstances are unique and do not represent a
general condition or problem; and
5. The subject development is exceptional as compared to other
development subject to the same provision; and
6. A development proposed for a special management area could not be
constructed if it were limited to areas outside the special management
area.
CONCLUSION: If it is your opinion that the applicant has satisfied the applicable requirements
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. Address the comments contained in Village Engineer Durfey's
memorandum dated September 15, 2004 included in the case file
regarding the Variation.
3. Any other conditions deemed appropriate by the Zoning Board of
Appeals.
Respectfully Submitted,
Robert . Kallien J ., AI
Director of Co tn7llment
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VILLAGE OF OAK BROOK
Interoffice Memorandum
DATE: September 15, 2004
TO: Robert L. Kallien, Jr., Director of Community Development
FROM: Dale L. Durfey, Jr., P.E., Village Engineer ` ,
SUBJECT: Stormwater Variation—Non-Appropriate Use
Butler National Golf Club—Fairway&Bunker Reconstruction Project
2616 York Road
I have reviewed the application and offer the following comments:
1. Butler National Golf Club was constructed in 1974 and is approximately 170 acres, 55
acres of which, or 32%, are located in the Salt Creek floodway. The floodway portion of
the floodplain is regulated more stringently than the rest of the floodplain.
2. As part of Butler's Fairway and Bunker Reconstruction Project, Butler seeks to relocate
some existing bunkers and tees that are located within the floodway of Salt Creek. The
proposed work includes the relocation of bunkers located on holes 10 and 1 and tee
relocation on holes 8 and 12. The applicant states that this reconstruction is vital for them
to remain one of the premier golf clubs in the county.
3. Section 9-6-3.V of Title 9 (which matches the County's minimum requirements) lists the
appropriate uses for the floodway that shall be considered for permits. Recreational
facilities, such as golf courses, are not listed. This has been interpreted by the DuPage
County Department of Economic Development and Permitting (Butler had to apply to the
Illinois Department of Natural Resources — Office of Water Resources (IDNR-OWR) for
a permit for work in the floodway and IDNR-OWR delegated its permit authority to the
County) to mean that relocation of existing golf course features is also not a permitted
use. They have determined that a variation is necessary and that Butler needs to apply to
Oak Brook since we are a full waiver community.
Butler Fairway-bunker Variation.doc opt,
I also note that, according to section 3708.70.c.5 of the IDNR-OWR Part 3708 Rules,
recreational facilities are considered an appropriate use of the floodway. However, the
County reviews applications under their more stringent rules.
4. This item has been reviewed by the County Stormwater Committee at their meeting of
September 10 and they will not object to this variation.
5. The technical aspects have been reviewed by Earth Tech, the Village's technical
consultant, and found to be acceptable.
6. A detailed explanation of the application particulars can be found in the submittal packet
with Darren Olson's cover letter dated September 8,2004.
In conclusion, the Butler National Golf Club has been in existence for 30 years as an open
recreational area that later was determined to be floodplain and floodway and is permitted under
state regulations. This relatively minor construction project will not adversely affect the
floodplain.
Butler Fairway-bunker Variation.doc
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Village of September 16,2004
Oak Brook
1200 Oak Brook Road
Oak Brook,IL 60523-2255 Dear Resident:
Website
w-,vw.oak-brook.org The Oak Brook Zoning Board of Appeals and the Village Board will be considering a
Administration variation at the meetings scheduled on the back of this notice.
630.990.3000
FAX 630.990.0876 The application has been filed by: Butler National Golf Club
Community 2616 York Road
Development 'The rop m'e in question is located at: 2616 York Road
630.990.3045 p
FAX 630.990.3985
Relationship of applicant to property: Owner
Engineering
Department Also shown on the reverse side of this notice is a map* of the area to assist you in
630.990.3010 determining your relationship to the property in question.
FAX 630.990.3985
Fire Department The applicant is seeking the following:
630.990.3040
FAX 630.990.2392 The petitioner is seeking approval of a variation to Section 9-6-3.V of the
Stormwater Floodplain, and Sedimentation and Erosion Control
Police Department Regulations in order to allow the relocation of bunkers and tee boxes within
630.990.2358 the floodway of Salt Creek.
FAX 630.990.7484
Public Works
Department If you desire more detailed information, please contact the Community Development
630.990.3044 Department at 630-990-3045 to review the file on this application.
FAX 630.472.0223
Sincerely,
Oak Brook
Public Library
600 Oak Brook Road
Oak Brook,IL 60523-2200 obert L. Kallien,Jr.,AICP --''
630.990.2222
FAX 630.990.4509 Director of Community Developm nt
Oak Brook Sports Core R-K/gp
Bath&Tennis Club
700 Oak Brook Road
Oak Brook,IL 60523-4600
630.990.3020
FAX 630.990.1002
Golf Club
2606 York Road
Oak Brook,IL 60523-4602
630.990.3032
FAX 630.990.0245
In accord with the provisions of the American with Disabilities Act, any individual who is in need of a
reasonable acconunodation in order to participate in or benefit from attendance at the public meeting should
contact Jeffrey Moline,the Village's ADA Coordinator, at 630-990-5738 as soon as possible before the meeting
date.
All meetings are held in the Samuel E. Dean Board Room of the Oak Brook Village Hall, Butler Goverrunent
Center located on Oak Brook Road(31st Street)and Spring Road,Oak Brook,Illinois.
Zoning Board of Appeals. . . . . . . . . . . . . . . . . . . . . . . 7:30 p.m.,Tuesday,October 5,2004
Board of Trustees Meeting. . . . . . . . . . . . . . . . . . . 7:30 p.m.,Tuesday,October 26,2004**
**Tentative
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determine your relationship to the property.
2616 York Rd-Butler National Golf.Res.ltr.doc
�PG� OF Oq,i.9,➢
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RE: Stormwater Variation—Non-Appropriate Use
Village of Butler National Golf Club—Fairway& Bunker Reconstruction Project
Oak Brook 2616 York Road
1200 Oak Brook Road
Oak Brook,IL 60523-2255 Dear Stormwater Administrator:
Website
www.oak-brook.org
Pursuant to Sections 9-4-2.1) and 9-12-I.M of the Oak Brook Code, I hereby
Administration notify you that the Village has received a Variation Application at the above
630.990.3000 f
d l
t
staeocation. For our information, attached lease find the following
FAX 630.990.0876 y p g
documents:
Community
Development 1. Letter dated September 8, 2004 to Robert Kallien from Patrick Kelsey and
630.990.3045
FAX 630.990.3985 Darren Olson.
2. Village of Oak Brook Petition Application for Public Hearing.
Engineering 3. Response and narrative documents.
Department
630.990.3010
FAX 630.990.3985 Under the strict letter of the provisions of Section 9-6-3.V of Title 9, recreational
facilities such as golf courses are not a permitted use of the floodway. This has
Fire Department been interpreted by the DuPage County Department of Economic Development
630.990.3040 and Permitting t that relocation of existing golf course features is also not a
FAX 630.990.2.2 392 erm �' o mean g g
permitted use. The variation is to allow certain features of the golf course to be
Police Department updated.
630.990.2358
FAX 630.990.7484
These items have been reviewed by County staff (under IDNR-OWR permit
Public Works delegation) and it is my understanding that the County will not object to this
Department variation.
630.990.3044
FAX 630.472.0223
The Oak Brook Zoning Board of Appeals, meeting as the Oversight Committee,
Oak Brook will hear the petition for the Stormwater Variation at their meeting of October 5,
Public Library 2004 at 7:30 P.M., in the Village Hall, 1200 Oak Brook Road, Oak Brook,
Illinois. The petition will then proceed to the Village Board for final
600 Oak Brook Road consideration.
Oak Brook,IL 60523-2200
630.990.2222 If you have an questions, please call.
FAX 630.9900.990.44 509 . y y q
Oak Brook Sports Core Si ere ,
Bath&Tennis Club
700 Oak Brook Road
Oak Brook,IL 60523-4600
630.990.3020 Dale L. Durfey, Jr., P.E.,
FAX 630.990.1002 Village Engineer
DLD/etk
Golf Club Eric.
2606 York Road
Oak Brook,IL 60523-4602 cc: Robert L. Kallien, Jr., Director of Community Development
630.990.3032 Michael Sauls,Butler National Golf Club
FAX 630.990.0245
butler national fairway reconstruction variance.doc, �
Stormwater Administrator Stormwater Administrator Stormwater Administrator
Village of Addison Village of Bloomingdale Village of Bensenville
131 W. Lake Street 201 South Bloomingdale Road 700 W. Irving Park Road
Addison,IL 60101 Bloomingdale,IL 60108 Bensenville, IL 60106
Stormwater Administrator Stormwater Administrator Stormwater Administrator
Village of Clarendon Hills Village of Elk Grove City of Elmhurst
1 N. Prospect Avenue 901 Wellington Avenue 209 N.York Street
Clarendon Hills,IL 60514 Elk Grove Village,IL 60007 Elmhurst, IL 60126
Stormwater Administrator Stormwater Administrator Stormwater Administrator
.Village of Hinsdale Village of Lombard City of Oakbrook Terrace
19 E. Chicago Avenue 255 E.Wilson 17 W 275 Butterfield Road
Hinsdale, IL 60521 Lombard,IL 60148 Oakbrook Terrace, IL 60181
Stormwater Administrator Stormwater Administrator Stormwater Administrator
Village of Itasca Village of Villa Park Village of Westmont
100 N.Walnut 20 S.Ardmore 31 W. Quincy
Itasca,IL 60143 Villa Park,IL 60181 Westmont, Illinois 60559
Stormwater Administrator Stormwater Administrator Stormwater Administrator
Village of Wood Dale Village of Roselle DuPage County Development
404 N.Wood Dale Road 31 South Prospect Street Department
Wood Dale,IL 60191 Roselle,IL 60172 421 N. County Farm Road
Wheaton,IL 60187
P�J A
PGA O F OA f�9
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COUt4l4
AGENDA ITEM
Regular Board of Trustees Meeting
of
September 28, 2004
SUBJECT: Referral—Butler National Golf Club—2616 York Road —Variation—Title 9—
Storm Water,Floodplain and Sedimentation and Erosion Control Regulations—Section 9-6-3V
To Allow the Relocation of Bunkers and Tee Boxes Within the Floodway of Salt Cr
FROM: Robert L. Kallien, Jr., AICP, Community Development Directo
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to refer to the Zoning Board of Appeals for public
hearing at its October 5, 2004 meeting for a request from the Butler National Golf Club for
a Variation to Title 9 to allow the relocation of bunkers and tee boxes.
Background/History:
Butler National Golf Club, the owner of the property located at 2616 York Road has submitted a
petition seeking approval of a variation to allow the relocation of bunkers and tee boxes within
the floodway.
Recommendation:
Please refer this request to the Zoning Board of Appeals for public hearing at its October 5, 2004
meeting.
Last saved by RKallien JAI-FROM BOB\Bot-PC-ZBA\BOT-Referral-Butler Golf-2616 York-Stormwater Var.doc �•
r
9-12-1: AUTHORITY; APPLICATIONS; STANDARDS:
A. The corporate authorities of the village shall have the authority to grant variations from the
requirements of this title,but only in compliance with the procedures set forth in this
chapter.
B. The variation procedure is intended to provide a narrowly circumscribed means by which
relief may be granted to allow development when the requirements of this title place an
undue and particular hardship on a specific developer.
C. Variation petitions may be filed either by the owner or by the developer of land specified in
the application for a storm water management permit.
D. The petition for a variation shall accompany or follow an application for a storm water
management permit including all necessary submittals.
E. All variation petitions filed pursuant to this section shall be filed with the director of
community development.
F. All variation petitions filed pursuant to this section shall be on forms supplied by the director
of community development and shall be filed in such number of duplicate copies as the
director of community development may designate by administrative order.
G. Every variation petition filed pursuant to this section shall provide the following
information:
1. The owner's or developer's signed consent to the filing of the petition; and
2. The names and addresses of all professional consultants, if any, advising the petitioner
with respect to the petition; and
3. The name and address and the nature and extent of any economic or family interest of any
officer or employee of the village, as to the owner, the petitioner, or the subject property or
development; and
4. The addresses and legal description of the subject property or development; and
5. The specific feature or features of the proposed construction or development that require a
1
variation; and
6. The specific provision of this title from which a variation is sought and the precise
variation therefrom being sought; and
7. A statement of the characteristics of the subject property or development that prevents
compliance with the provisions of this title; and
8. A statement of the minimum variation of the provisions of this title that would be
necessary to permit the proposed construction or development; and
9. A statement of how the variation sought satisfies the standards set forth in subsection J of
this section.
H. No public hearing will be scheduled on a variation petition unless the petition is filed in
proper form and number and contains all required information.
I. Whenever supplemental data in connection with a previously filed variation petition is
required or offered by the applicant, it shall be submitted at least seven (7) days prior to the
date on which it is to be considered at a hearing or acted upon in connection with such
petition. The filing of such data shall, in the discretion of the body hearing the petition,be
cause to delay a requested or scheduled hearing date.
The oversight committee shall consider, and the corporate authorities may grant, such
petition for a variation only when it is consistent with the general purpose and intent of this
title,when it meets the requirements of subsection K of this section, and when the
development meets the requirements specified in subsection 9-5-2A of this title as well as
the following conditions:
1. Granting the variation shall not alter the essential character of the area involved, including
existing stream uses; and
2. Carrying out the strict letter of the provisions of this title would create an undue or
particular hardship or difficulty on a specific developer or owner; and
3. The relief requested is the minimum necessary and there are no practicable means other
than the requested variation by which the alleged hardship can be avoided or remedied to a
degree sufficient to permit the reasonable continuation of the development; and
4. The applicant's circumstances are unique and do not represent a general condition or
problem; and
5. The subject development is exceptional as compared to other developments subject to the
2
Lsame provision; and
developm ent proposed for a special management area could not be constructed if it
limited to areas outside the special management area.
K. No variation shall be granted for any development in the regulatory floodway, regulatory
wetlands, and critical wetlands from any provision of this title the effect of which variation
would be to create regulation less restrictive or stringent than federal and/or state required
minimum standards for development in such areas. Subject to this standard, a variation may
be granted in accordance with this section from provisions of this title more restrictive or
stringent than the federal and/or state required minimum standards for development in such
areas.
L. When a variation from the requirements of this title would lessen the degree of flood
protection to a structure, the administrator shall notify the applicant that the variation, if
granted, may result in increased rates for flood insurance.
M. The administrator shall give written notice of any variation petition, including the date and
time of the public hearing, to the committee, the department, and all watershed planning area
community administrators. Such notice shall be sent no less than twenty one(2 1) days in
advance of the date of the public hearing by regular U.S. mail or its equivalent. In addition,
the permit application and variation petition including all permit submittals and support
documentation shall be sent to the director.
N. Fees for variation applications shall be as stated in title 1, chapter 14 of this code. (Ord.
G-709, 12-10-2002)
9-12-2: PUBLIC HEARING REQUIRED:
A public hearing shall be set, noticed, and conducted by the oversight committee in accordance
with the provisions of section 9-13-1 of this title. (Ord. G-709, 12-10-2002)
9-12-3: REVIEW AND RECOMMENDATION:
A. The administrator shall review all requests or petitions for a variation and shall present
written findings of such review to the oversight committee.
B. Within thirty five(35) days after the close of the public hearing, the oversight committee
shall make a written recommendation to the corporate authorities to grant or deny the
variation petition. The failure of the oversight committee to act within thirty five(35) days
shall be deemed to be a recommendation to deny the variation.
3
i
C. The written recommendation of the oversight committee whether to grant or deny the
requested variation shall be accompanied by written findings of fact specifying the reasons
for the decision, which written findings shall be distributed to the corporate authorities
before the corporate authorities vote to grant or deny the variation petition. (Ord. G-709,
12-10-2002)
9-12-4: DECISIONS:
The corporate authorities shall grant the variation, grant the variation with modifications or
conditions, or deny the variation within forty five(45) days after receipt of the recommendation
of the oversight committee unless both the corporate authorities and the applicant agree to extend
the decision. The failure of the corporate authorities to act within forty five (45) days, or such
additional time as the applicant may agree, shall be deemed to be a decision denying the
variation. (Ord. G-709, 12-10-2002)
9-12-5: CONDITIONS:
A. A variation less than or different from that requested may be granted when the record
supports the applicant's right to some relief but not to the relief requested.
B. The corporate authorities may impose such specific conditions and limitations concerning
any matter relating to the purposes and objectives of this title on the development benefited
by a variation as may be necessary or appropriate to meet the standards set forth or referred
to in subsection 9-12-1J of this chapter and to promote the general objectives of this title
including, but not limited to, minimizing any detrimental effect on the value of surrounding
properties.
C. Whenever any variation authorized pursuant to this title is made subject to conditions and
limitations to be met by the developers, the applicant shall, upon meeting such conditions,
file an affidavit with the administrator so stating.
D. For any variation to section 9-5-4 of this title, a fee shall be required pursuant to section
9-5-5 of this title to compensate for any site runoff storage not being provided. (Ord. G-709,
12-10-2002)
4
9-6-3: REQUIREMENTS FOR DEVELOPMENT WITHIN THE
REGULATORY FLOODPLAIN:
V. In the regulatory floodway portion of the regulatory floodplain, all of the requirements of
this section shall apply to any proposed development, and only the following appropriate
uses shall be considered for permits:
1. Bridges, culverts, and associated roadways, sidewalks, railways, necessary for crossing
over the floodway or for providing access to other appropriate uses in the floodway and any
modification thereto; and
2. At or below grade trail systems; and
3. Regulatory floodway regrading, without fill, to create a positive slope toward a
watercourse; and
4. Floodproofing activities to protect existing structures; and
5. Storm water facilities relating to the control of drainage or flooding; and
6. Above and below ground utilities and sanitary and storm sewer outfalls; and
7. The storage and conveyance of floodwaters; and
8. Erosion control structures and water quality and habitat structures; and
9. Recreational boating and commercial shipping facilities.
OF Oq
BROOK
PETITION APPLICATION
for PUBLIC HEARING
ZONING ORDINANCE: ❑ APPEAL ($300) ❑ VARIATION ($750)
❑ AMENDMENT ($750) ❑ SPECIAL USE ($750)
STORMWATER REGULATIONS: ® VARIATION ($750)
APPLICANT TO COMPLETE a
.s
LOCATION OF 06 26 202 002
SUBJECT PROPERTY 2616 York Road PERMANENT PARCEL NO. 06 _ 25 101 _002
06 -75—300—mz--
LOT NO. SUBDIVISION Butler National Golf Club LEGAL ADDRESS 2616 York Road
ZONING DISTRICT CR ZONING ORDINANCE SECTION 9-6-3.V
ACTION REQUESTED: Variance to allow the relocation of bunkers and tee boxes within the
floedway Of Salt reek
PROPERTY INTEREST OF APPLICANT: OWNER X CONTRACT PURCHASER AGENT
OWNER(S)OF RECt3RD PHONE
ADDRESS CITY STATE SIP:
'BENEFICIARY(IES)OF TRUST PHQNE
ADDRESS :.
G{TY
,,...sk.'STATE° ZIP._'.
NAME OF APPLICANT(and Billing Information) Mike Saul s, Butler National Gol f C1 ubHONE 630-990-3340
ADDRESS 2-6-3-6- York Road CITY Oak Brook STATE Ti _ZIP 60523
E-mail Address: dolson@cbbel .com (Darren Olson)
I(we)certify that all of the above statements and the statements contained in any papers or plan submitted herewith are true to the best of my
(our)kn e;,a'ef. In additio o the above fees,applicant agrees to reimburse the Village for publication costs within 30 days of
billing. owled
F/,3 0
Signa re of Applicant Date Signature of Applicant Date
DO NOT WRITE IN THIS SPACE—FOR OFFICE USE ONLY
MEAD
x e
4w.
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T ,
APP-PUBLIC HEARING-2004.doc `
BUTLER NATIONAL GOLF CLUB LEADERS BANK 48984
2616 YORK ROAD 70.2606/719
OAK BROOK,IL 60523 CHECK NO.
48984
X
DATE ;MC JNT
09-10-04 $750.00 = s
t
PAY
TO THE V111a of Oalc Brook TWO SIGNATURES REQUIRED OVER$1J,000.00 f1
ORDER
OF
AUTHORUFD S GNA'.RE
11104898L.0 i:07 L9 2606 L': 400 L00 284 ill'
T-
H�9 T.� 9
CHECK S CHECKS -
NUMBER S CASH INV M GATE NAME G.L.ACCOL YT
.7ESCRIPTICN
VILLAGE OF OAK BROOK INVALID
wlTHOUr
SIGNATURE
DEPARTMENT OF COMMUNITY DEVELOPMENT B 1561 C
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
U
PHONE: (630)990-3045
RETAIN THIS RECEIPT
FOR YOUR RECORDS