Loading...
Minutes - 03/02/1999 - Zoning Board of AppealsVILLAGE OF OAK BROOK ZONING BOARD OF APPEALS MINUTES March 2, 1999 L CALL TO ORDER The meeting was called to order at 7:32 p.m. MEMBERS PRESENT: Chairman Members MEMBERS ABSENT: ALSO PRESENT: Village Manager Village Engineer Director of Community Development A quorum was present. Champ Davis Richard Ascher Adam Butler Manu Shah George Mueller Louis Aldini Stephen Veitch Dale Durfey Thomas Hawk Chairman Davis introduced and welcomed George Mueller to the Zoning Board of Appeals. George's family have been Oak Brook residents, since 1872. He was on the Plan Commission from 1991 to 1999. The Zoning Board members joined in a warm welcome. IL APPROVAL OF MINUTES Member Shah moved, seconded by Member Butler, to waive the reading of the February 2, 1999, regular Zoning Board of Appeals meeting minutes and to approve them as written. VOICE VOTE: All in favor. Motion carried. Ill. BARBARA — 25 BREAKENRIDGE FARM - AN APPEAL OF A BUILDING INSPECTOR DETERMINATION Hawk reported that a letter was received from Doug Slansky, attorney for Barbara, requesting a three month continuance of the Appeal. They are attempting to find a solution to the problem by modifying the wall to comply with the Ordinance. There is some work and additional time required and, if the Village accepts their proposals, they will be requesting that the citation be dismissed. Member Butler moved, seconded by Member Shah to continue the hearing on the Appeal to the next regular Zoning Board of Appeals meeting on June 1, 1999. VOICE VOTE: All in favor. Motion carried. ZONING BOARD OF APPEALS Minutes March 2,1999 '10 1 IV. VILLAGE OF OAK BROOK - SPORTS COREM/ESTCHESTER PARK SUBDIVISION - MAP AMENDMENT AND PRELIMINARY AND FINAL PLAT APPROVAL Steve Veitch, Village Manager, was sworn in by Chairman Davis. He described the subject area and explained the history of the Westchester Park Subdivision. The subject area in this petition is a tract of land located in Westchester Park Subdivision. The deed on the property contains restrictions requiring the voters, through a referendum, to authorize the sale of any real estate conveyed in the deed. On November 3, 1998, the voters authorized the Village to sell not more than three acres of vacant real estate in the Westchester Park area. The current petition involves rezoning from CR to R -3 of approximately 2.86 acres proposed to be sold, and further resubdivision of Becker's Resubdivision into 5 lots - three new Single - Family residential lots, the CR zoned open space to be retained by the Village, and a larger lot at 3025 Lincoln. The lot at 3025 Lincoln is owned by the Becker's who have joined with the Village on this petition. There will be a wide band of open space around the perimeter of the Westchester Park area, along Oak Brook Road and along York Road. The petition for map amendment seeks rezoning from CR to R -3 for lots 1, 2, and 3 of the proposed subdivision plus a small amount of additional property to be added to the existing 3025 Lincoln Road to create lot 5 of the proposed subdivision. Lot 4 of the proposed subdivision, which is the largest lot in the subdivision is approximately 1.3 acres, is proposed to retain its CR zoning and remain open space. Steve Veitch reviewed the Section 8.3 factors for the Plan Commission. These factors are required in requests for a zoning amendment. The factors are spelled out on page D -2 and D -3 of the Petition file. He pointed out three factors directly involving the property as follows: (a) The character of the neighborhood, is low- density Single - Family residential development and publicly owned open space. The proposed amendment would add 2.86 acres to the existing 7.65 acres of R -3 zoned property in the neighborhood. The low- density character of the area will not be affected materially, as gross density of the neighborhood will actually be reduced, from approximately 2.1 dwelling units per R -3 acre to approximately 1.8 units per acre. (c) The extent to which the removal of the existing limitations would depreciate the value of other property in the area. Rezoning the subject property to R -3 will not have a deleterious effect on the value of other property in the area. On the contrary, in the opinion of the Village and its' appraiser, property values in the area will be enhanced by the sale of the new lots and the construction of new homes of a quality consistent with other new construction in the area. (e) The existing uses and zoning of nearby property. The subject property is bordered on the west, north and east by R -3 single - family residential property. It is bordered on the south by a band of open space along Oak brook Road (Lot 4 of the proposed subdivision) which will remain open space and retain its CR zoning. The area of the three lots to be developed are as follows: Lot 1 - .954 acres, Lot 2 - .888 acres, and Lot 3 - .934 acres. He noted that the previous comments and concerns of the Plan Commission are addressed on pages D -5 and D -6 in the petition file. Veitch summarized the request, stating that the Village of Oak Brook is seeking rezoning and subdivision of a small portion of property acquired in 1977 with the Oak Brook Sports Core, but detached from the Sports Core and never used for recreational purposes, in order to enhance the ZONING BOARD OF APPEALS Minutes March 2, 9999 2 facilities available for public use and enjoyment on the Sports Core proper. The 2.86 acres for which rezoning is requested were zoned for residential use from 1962 to 1984. This rezoning will-simply square off the residentially zoned portion of the Westchester Park neighborhood. There will be open space along York Road and 31st Street. The proposed subdivision will enhance the overall quality and value of the Westchester Park residential neighborhood and provide resources to accomplish the needed improvements at the Oak Brook Sports Core. Chairman Davis asked what prompted the rezoning in 1984. Veitch responded that when the Village realized it was not feasible to incorporate the Westchester Park area into the Sports Core the Village and the property owners joined together to consolidate their respective holdings into larger lots, and the Village owned lots which had been zoned residential were rezoned to CR - Conservation /Recreation. The action of the Plan Commission was 6 to 1 to recommend approval of the preliminary and final plat. No one in the audience spoke in support of or in opposition to the proposal. Chairman Davis noted that the factors have been satisfied as spelled out in Veitch's letter on pages D2 -D3 of the petition file. Chairman Davis moved, seconded by Member Shah, to recommend approval of the rezoning of the Sports Core/Westchester Park Subdivision, Lots 1, 2, and 3, and the portion of Lot 5, which is being added to the Becker property, from CR - Conservation- Recreation to R -3 - Single- Family Detached Residence District subject to the following conditions: 1. Waiver on curb and gutter streets, street lights, and sidewalks. 2. Final Engineering approval. ROLL CALL VOTE: Ayes: 5 - Ascher, Butler, Mueller, Shah and Davis Nays: 0- Absent: 1 - Aldini. Motion Carried. V. OAK BROOK PARK DISTRICT - 1450 FOREST GATE ROAD - VARIATION - WAIVE REQUIREMENT FOR CURBING Roy Cripe, Director of Parks and Recreation, was sworn in and reviewed the Park District request that required curbing be excluded from the access drive as shown on the Site Plan on page D of the petition file. He referred to his letter on page C of the file. He reviewed the standards required for approval of a variance: a. It is reasonable to expect only 2 -3 uses of the access drive per month for deliveries. b. The area will be restricted from public use. c. They believe that the curb on the access drive requirement negatively impacts the aesthetic value of the area. Three sides are park -like. d. It will negatively impact stormwater runoff because the curbs will impede the water flow. Downspouts along the north side of the Recreation center terminate above ground, allowing rain water to sheet drain to a swale located opposite the driveway. Installing curbs on the driveway will interfere with this system. Providing cuts in the curbs for water passage will not eliminate ponding on the inlet curb cut side of the drive. Concentrated volumes of storm water run off could erode the lawn on the opposite side curb cut. ZONING BOARD OF APPEALS Minutes March 2,1999 <* 3 e. The cost is a financial burden that would be passed onto the taxpayer. The estimated cost is $60,000 -to install the curb. They believe that public monies could be used for a better public service. f. Finally the subject driveway has unique characteristics due to its infrequent use and its proximity to Central Park open space. They believe there is no risk of setting a precedent for the future and mandating curbs is a hardship with respect to damage to the overall character of the property as well as requiring additional provisions for storm water control. Member Mueller questioned if the drive will be blacktopped, and Cripe responded that it would be. Hawk said that curbing is tied to erosion control. This is only second request in the Village in the last 27 years. Member Butler noted that curbs tend to help keep traffic on the road and questioned the frequency of traffic on the road. Cripe answered that the road will not be used by the public, it will be for staff use only. The Aquatic Center typically has bags of chlorine delivered every 4 -6 weeks. Tom Hawk suggested signage be placed to discourage usage by the public and note that it was for delivery use only. Roy Cripe responded that a sign would be installed and they will comply with Fire Department needs. Member Mueller suggested that should problems arise a barricade of some sort could be put in place when it is not in use. No one in the audience spoke in support of or in opposition to the proposal. Member Butler moved, seconded by Member Shah, finding that the petitioner satisfied the Standards as required by the Ordinance relating to Variations (see pages 1-1b of the petition file), recommended approval of the request with the following conditional element: 1. Signage to be posted indicating that the driveway is for service use only and if experience indicates a problem, fire department approved gates be placed to discourage use by the general public. ROLL CALL VOTE: Ayes: 5- Nays: 0 - Absent: 1 - Motion Carried. V. ADJOURNMENT Ascher, Butler, Mueller, Shah and Davis Aldini. Member Shah moved, seconded by Member Ascher to adjourn. VOICE VOTE: All in favor. Motion carried. Meeting was adjourned at 8:28 p.m. ZONING BOARD OF APPEALS Minutes ,, 4 i Director of Community Development Secretary Date Api5roved March 2,1999