Minutes - 04/06/2010 - Zoning Board of AppealsMINUTES OF THE APRIL 6, 2010 REGULAR
MEETING OF THE ZONING BOARD OF APPEALS OF
THE VILLAGE OF OAK BROOK APPROVED AS
WRITTEN ON AUGUST 3, 2010
CALL TO ORDER: CAL. TO ORDER
The Meeting of the Zoning Board of Appeals was called to order by Chairman
Champ Davis in the Samuel E. Dean Board Room of the Butler Government
Center at 7:30 p.m.
2. ROLL CALL: ROLL CALL
Gail Polanek called the roll with the following persons
PRESENT: Chairman Champ Davis, Members Jeffrey Bulin, Natalie
Cappetta, Baker Ninny, Joseph Rush, Steven Young and Wayne
Ziemer
IN ATTENDANCE: Mark Moy, Trustee, Gerald Wolin, Trustee, Robert
Kallien, Jr., Director of Community Development and Michael
Hullihan, Village Engineer/Public Works Director
3. APPROVAL OF MINUTES: MINUTES
REGULAR ZONING BOARD OF APPEALS MEETING OF FEBRUARY 2.
2010
Motion by Member Young, seconded by Member Rush to approve the minutes
of the February 2, 2010 Regular Zoning Board of Appeals meeting as written.
VOICE VOTE: Motion carried.
REGULAR ZONING BOARD OF APPEALS MEETING OF MARCH 2.
2010
Motion by Member Ziemer, seconded by Member Young to approve the
minutes of the March 2, 2010 Regular Zoning Board of Appeals meeting as
written. VOICE VOTE: Motion carried.
Chairman Davis announced that the agenda items would be taken out of order
and new business would be heard before the unfinished business
4. UNFINISHED BUSINESS UNFINISHED
BUSINESS
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Zoning Board of Appeals Minutes Page 1 of 15 April 6, 2010
13-t"
4. A. FULLERSBURG HISTORIC FOUNDATION — TEXT AMENDMENT — Fvu.ERSaURG
HISTORIC FOUND -
CHAPTER 8 OF ZONING ORDINANCE — AMEND TEXT TO PERMIT TA - To PERMIT
SIGNIFICANT OF HI ST RC
RECONSTRUCTION OF HISTORICALLY
OF HISTORICALLY
STRUCTURES SIGNIFICANT
STRUCTURES
Chairman Davis swore in all those that would be testifying at this hearing.
Member Rush advised that he was a member of the Fullersburg Historic
Foundation Board and would recuse himself, if the board so desired.
Audrey Muschler, said that the Fullersburg Historic Foundation was requesting
a text amendment to Chapter 8 of the Zoning Ordinance that would enable the
historic York Tavern to be rebuilt in case of a natural disaster or fire. The York
Tavern is a nonconforming building located in the R -2 District, which was
originally built in 1843 by Benjamin Fuller and in 1846 was licensed as a
tavern in DuPage County. It is the oldest operating tavern in DuPage County
and one of the five original buildings in Old Fullersburg. Realizing the historic
significance of Old Fullersburg, in 1980, the villages of Hinsdale and Oak
Brook, jointly wrote and adopted the Historic Graue Mill/Gateway ordinance
and created the historic district. In 1986, a group of residents from Hinsdale
and Oak Brook were concerned with the future of the York Tavern and the
commercial encroachment of the area. The Fullersburg Historic Foundation
was formed at the request of the Forest Preserve District to speak as one voice
for the protection and preservation of the historic district. The Fullersburg
Historic Foundation has worked quietly and effectively. The board consists of
residents of Hinsdale, Oak Brook, LaGrange and Westchester. In 1989, the
Fullersburg Historic Foundation encouraged the Forest Preserve District to
purchase the Frederick Graue home. Commercial encroachment was been
prevented, such as an office building that had been planned at the entrance of
the Graue Condominiums; and Hinsdale Hospital decided not to build north of
Salt Creek (on 15 acres) after the 1987 flood. There was a shopping strip mall
proposed north of Save -Way Liquors and a nursing home complex on Spring
Road; all those proposed developments had been averted and the land was
purchased by the Forest Preserve District of DuPage County.
To date, more than $7.5 million has been invested in land acquisition and
historic restoration. Of that, the villages of Hinsdale and Oak Brook have each
contributed $210,000 for land acquisition. The State of Illinois invested $1.5
million in land acquisition and historic restoration of the Graue home. The
Forest Preserve District of DuPage County invested $5.5 million in land
acquisition in the historic district. In 2006, the Village of Oak Brook granted
permission to the owner of the York Tavem to allow an addition of adequate
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Zoning Board of Appeals Minutes Page 2 of 15 April 6, 2010
space for food preparation as required by the DuPage County Health Dept.,
even though the building was nonconforming. At the time, the owner, Mr.
Moreci planned the historic rehabilitation of the building and was guided in the
process by his architect and by historic architect, Terrence Russell and historic
preservationist, Jean Follett, PHD. All of the historic features were preserved.
The York Tavern is an important component of the historic district and would
be a great loss historically, if it should be destroyed and not able to be rebuilt.
They understand that there are several concerns expressed by the neighbors and
residents and as such, requested they be allowed to complete their presentation
and then continue the public hearing in order to address the concerns of the
residents, by revising the wording of the proposed text amendment in order to
resolve the issues and to obtain resident support for this action, which is an
opportunity to benefit everyone.
Chairman Davis questioned whether the request for the York Tavern was due to
its nonconforming use.
Mrs. Muschler responded that was accurate.
Director of Community Development Kallien added that there may be some
nonconformity for the church in the historic district, but a church is a permitted
use in a residential area.
Jean Follett, PHD, Historic Preservationist, Architectural Historian and member
of the board of the Fullersburg Historic Foundation, stressed the importance
and uniqueness of the Fullersburg area and that there is nothing else like this in
Illinois in terms of telling the story of an entire village from the 1830's right
through the 1930's. This area has always been considered a gateway to both
Oak Brook and Hinsdale Since the 1930's; there have been continuous efforts
to protect the character of this area, which was one of the largest civilian
conservation core groups of the 1930's. That is when the work on the Graue
Mill was first done. The York Tavern is a key part of this and was licensed by
the county in 1846, so it really precedes all of the residential and commercial
development located around it. It is the only building located on the north side
of the river from the early era. Having these structures on both the north and
south side tells an important story. This was an important significant crossing
of the river to the Indians, and then to the settlers that came in the late 1830's
and early 1840's. She reviewed slides of the historic area. The owners of the
York Tavern have done an incredible amount of work to bring the tavern back
to what it is today. The DuPage County Health Department determined that the
existing kitchen was totally unacceptable and the owners did an amazing job on
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Zoning Board of Appeals Minutes Page e3 of 15 April 6, 2010
Y
its reconstruction. It is a timber frame building that had brick infill in the walls
with enormous beams throughout. The tavern and the Ben Fuller house were
built by the same man. The Fullersburg area is very important to the heritage
and means a lot to people. It is the most visited forest preserve in the DuPage
County area. The Graue Mill dates from 1852, the Frederick Graue house dates
seven years later, the York Tavern 1843 and the Faith Fellowship Church in
1878. It is a great collection of buildings telling the story of early Fullersburg.
Terence Russell, Architect and Historic Preservationist, STV Inc, said that he
worked on the restoration at the Frederick Graue house and the York Tavern
and that he has been retained to work on the restoration of the Ben Fuller
farmhouse. He was the historic consultant for the York Tavern restoration in
2006 and worked with architect Frank Lucchese on the restoration of the tavern.
During the restoration they brought the entire structure up to current code and
standards. It is now ADA accessible and they strengthened the frame and
foundation. They restored the exterior with the appropriate materials, which
were historically accurate for the period and the site landscaping was also
enhanced. The strength of this district is really the sum of its parts and without
the York Tavern; the entire historic district would suffer.
Valerie Spale, President of the Salt Creek Greenway Association, said that their
purpose is to identify and promote the natural, historic, cultural and recreational
resources of the Salt Creek Greenway. They have identified the Fullersburg
historic district as one of the most historically significant places within the
watershed. Five of the original buildings dating back to the establishment of the
Fullersburg area are still standing; one of those is the historic York Tavern,
built in 1843 by Ben Fuller. Fullersburg was located in what is the present day
Oak Brook in the early settlement times and represents the rich and unique
historical past of Oak Brook. The Fullersburg historic district is one of the
most popular destinations for visitors and tourists in the DuPage County section
of the Salt Creek Watershed with over 100,000 people visiting each year. They
support the approval of the text amendment as requested for the York Tavern.
They believe that by preserving the historical York Tavern in the event of
damage to the structure is in the best interests of Oak Brook. As an economic
engine the York Tavern generates income for Oak Brook and has become a
favorite place for regular patrons as well as tourists. The Salt Creek Greenway
Association urges the approval of the text amendment for economic as well as
historic reasons.
Mrs. Muschler said that they would like to ask for a continuance to address the
concerns of the residents and take the opportunity to possibly resolve some of
the residents concerns to the benefit of the residents and the village.
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Zoning Board of Appeals Minutes Page 4 of 15 April 6, 2010
WIM
Jim Svoboda; 402 Luthin Road, said that he was against the text amendment
because they have lots of trouble with the York Tavern; they are not a good
neighbor. Since the meeting on this issue in March, the parking on Wennes by
the York Tavern employees has ceased. At times, there have been as many as
17 -18 cars parked there.
Tony DiCanio, 3617 Madison said that he is a 25 year resident of Fullersburg
and currently serves as the Fullersburg Woods Area Association president. At
their March 29 meeting, they failed to come to a consensus, but were able to
agree to a few points. The York Tavern is a nonconforming commercial
building in a residential area. Special consideration was given to the new
owners of the York Tavern, when it was remodeled. The York Tavern is a
historically significant structure; however it may not have met the technical
definition of a historical structure. If it were to be totally destroyed, it could
not be rebuilt without a zoning variance or classification change. Since they
were unable to come to a decision as a board ( Fullersburg Wood Area
Association), he personally said that the request for the variance is in advance
of the need since there is no apparent damage to the structure at this time. The
business continues to operate successfully by all appearances, so there is no
immediate need to make changes to the current zoning rules. He questioned
what would stop the owner from making additional changes to the structure
since it would be granted in advance of need. If and when a need to reconstruct
should arise, it should be considered at that time. When a property owner
requests a variance the immediate neighbors closest to the structure are heard,
since it is they who are most affected and whose wishes should be most
strongly considered. If the residents most proximate to the structure object to
the request, then the Zoning Board of Appeals should find against the request,
since there is no immediate need for construction or reconstruction at this time.
If the need arises, at that time the Zoning Board of Appeals should make its
recommendation.
Sam Girgis, 506 Wennes Court, has been a neighbor of the York Tavern for 26
year and they have seen a lot of changes. There are 5 homes on Wennes and
several on Luthin and have a very good relationship with the neighbors. This is
the first issue where there is a safety and an aesthetic issue to the neighborhood
and to the neighbors. When the tavern was owned by Elsie, it was their
understanding that once she was no longer the owner; it would cease to be a
tavern. Although he respects what improvements the Moreci's have made to
the tavern; in 2006, with the help of some of the members of the previous local
government, the zoning was pushed through and the residents agreed to it,
under certain conditions. Those conditions have changed over the last 4 -5
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Zoning Board of Appeals Minutes Page 5 of 15 April 6, 2010
years. They have safety concerns and have had near accidents on their street
and even in their own driveway. Their youngest son was almost hit while on a
bicycle on their own driveway. They heard and saw tire screech marks on the
driveway and he would have been hit if the vehicle had traveled another 6 -7
inches. Several times a week people drive through in various stages of sobriety.
He had photographs that could not be shown, but some were of cars that ended
up in a ditch by people who had been drinking. Some were taken of garbage
and liquor cartons on Wennes Court. The kids pick up beer cans and bottles.
This is the other side of the beautiful York Tavern They love the history of
the area and love living there. They have tried to be good neighbors and have
asked several times to not have their employees park on the street, because it
triggers all kinds of other parking. The manager has answered rudely on many
occasions stating that they can park wherever they like because it is a public
road. This occurred up until the last meeting; and since then, they have
responded nicely. The neighbors did not receive a notice that this matter was
coming up before the Zoning Board. The most important thing, while serving
on the village boards, is to do what is best for Oak Brook long term, not what is
good for one individual. He questioned if we need to wait until one of the kids
gets hurt by someone who has been drinking.
Chairman Davis asked how the issues tied into the request for the text
amendment.
Dr. Girgis responded that if something should happen, maybe it would limit the
drinking or liquor license, because a beautiful residential home could be built
on the property, even though it may be a one in a million chance, the zoning
ordinance would keep it from being rebuilt.
Chairman Davis sympathized, but noted that in not naming the York Tavern to
the list of the other structures does not change the issues of drinking or parking.
Dr. Girgis said that there are direct and indirect factors in the decision and he
urged the board to consider the safety long term. Some of the issues were
changed in the last zoning change and now it is going to change again. The
next thing will be that they need more parking or outdoor dining. All of these
factors are going to influence the safety of their kids on the streets.
Member Nimry commented that whether the Zoning Board of Appeals
approves or denies the requested text amendment, it would not change anything
that exists now, with the drinking or parking issues. These issues should be
brought up elsewhere and addressed by the village because they are code
enforcement issues. A problem exists that needs to be addressed.
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Zoning Board of Appeals Minutes Page 6 of 15 April 6, 2010
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Dr. Girgis responded that there are many factors involved in making a decision,
such as the safety of the children in the long term. By not changing the text,
there is no incentive for the establishment to change anything.
Member Nimry agreed that what they are experiencing is a problem and no one
should be throwing beer cans on the street and creating the problems they are
experiencing, but that is a police issue and when something happens they
should be called.
Ed Cladek, 408 Luthin Road said that he has lived in the neighborhood for over
20 years and was part of the original discussion when they were upgrading the
tavern. They feel very positive about the work that the Historic Foundation has
done, but unfortunately in this process, the historical interest have been
subverted to commercial interests and consequently the character of the
neighborhood has not been preserved. The historical part has been preserved,
but the character of the neighborhood has been changed to a commercial
character with excessive parking in residential areas and with the kinds of
problems that are associated with a tavern, which is essentially out of control at
times. The Zoning Board takes care of zoning issues and rules and regulations.
There has been a creeping abuse of whatever rules or inadequate rules that exist
to make sure that the occupancy standards and parking contains that operation
within its perimeter and not spill out into the neighborhood, creating these kinds
of problems. It seems to be a zoning and an enforcement issue. He is opposed
to the amendment in its current structure.
Member Young said that he took exception to the statement that the Zoning
Board is responsible for whatever grievances the neighbors have. In the last 10
years that he has been a member of the Zoning Board, he had never heard one
comment about this case.
Director of Community Development Kallien responded that the Zoning Board
of Appeals did not deal with the rebuilding of the York Tavern; it was reviewed
before the Plan Commission and the Village Board. The York Tavern was not
granted a variance nor was it rezoned. It was issued a Certificate of
Appropriateness after considerable review by the Village's attorneys. The
whole rationale in the expansion of the York Tavern was predicated on the
requirement by the DuPage County Health Department. If they wanted to sell
food, the facility had to be expanded. Without the required expansion the York
Tavern would have had to close, The zoning on the property remains R -2. A
very detailed site plan and building elevations were part of the approval. What
was developed is consistent with the Certificate of Appropriateness. All of the
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Zoning Board of Appeals Minutes Page 7 of 15 April 6, 2010
issues described by Dr. Girgis are very important, but fall outside the purview
of the Zoning Board of Appeals, and is something the Village Board would
need to deal with. The Village Board has the authority to not allow any parking
on any public street in Oak Brook and an ordinance would need to be approved
to do that. There are other codes that can deal with the issues of drinking,
littering, late night hours, etc. If the issues can be proven to be the result of the
York Tavern, there could possibly be a condition placed against its liquor
license. When a liquor license is issued there is a requirement to comply with
all Village Codes and ordinances. As part of the Zoning Board of Appeals
recommendation, it can request the Village Board take action on some of these
issues.
Member Nimry suggested that the issues should be dealt with by the Village
Board before the Zoning Board makes its recommendation.
Director of Community Development Kallien questioned whether there had
ever been discussions with the Police department on any of these issues.
Dr. Girgis responded that he had once, when someone, who was clearly
intoxicated, was in the ditch, of which he has pictures, along with pictures of
garbage on the street.
Member Young suggested that rather than pictures, the Chief of Police or a
representative of the Traffic Division come to the meeting and provide statistics
of arrests, complaints, accidents etc.
Mr. Cladek said that it sounds like others are responsible for dealing with some
of the issues, but urged the Zoning Board to use its power to restrict the amount
of commercial activity that is going on at the York Tavern, which is the basic
problem. It's not enforcement; it is the degree of commercial activity, which
has to do with the zoning.
Chairman Davis thanked Mr. Cladek for his comments, but added that issues
raised were not before the Zoning Board of Appeals, although the board would
like to see all of the concerns addressed. The only thing before the Zoning
Board is to list five specific structures in the ordinance, and if they are not
listed, or are listed, the same problems that are occurring now, will still exist.
They would like to see the problems resolved, but it does not have anything to
do with the matter that is before the Zoning Board of Appeals at this meeting.
Director of Community Development Kallien said that a statement had been
made that when the tavern was under its previous ownership there was the
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Zoning Board of Appeals Minutes Page 8 of 15 April 6, 2010
anticipation that at some point, when the tavern was sold, the property would
cease being a tavern. Since 1999, when he started with the village, the Zoning
Regulations listed several business establishments, which included the York
Tavern, the Oak Brook Farms Stable on 35th Street, the Green Meadows Kennel
on Meyers Road and the Village Gate Tavern. In the Code it had a schedule for
the operation of those businesses, approving them in 10 year increments. The
Village Attorney basically made a ruling for the Village Board stating that for
those uses to permanently go away, the Village would have had to buy the
properties, in order to force them to cease their operations. If the uses on each
of the properties would have ceased for a period of one year, They would have
had to comply with the underlying zoning. In all of these cases the uses have
tamed on.
Member Rush said that the Village Board determined that the amortization
clause was unconstitutional.
Larry Herman, 413 Luthin Road commented that the text amendment is
relevant to the residents concerns. Four years ago, he and the neighbors
appeared at the Plan Commission and Village Board meetings expressing great
concern over the expansion plans of the Tavern, which was inconsistent with
the zoning that was in place. The Certificate of Appropriateness allowed the
rebuilding of the tavern, to satisfy the minimum requirements of the Health
Department. He complimented the Moreci's on the thoughtful renovation of
the structure. When it was done, the Plan Commission minutes reflected that it
was not meant to expand the use of the tavern in any way. He had he asked
that the boards be as specific as possible in the statutory language to be very
clear about not expanding the use. He had asked about the capacity of the York
Tavern, which at the time was for 50 people. Now, there are hazy memories
and confusion as to what the legal capacity of the tavern is. On many nights
especially Fridays, the capacity greatly exceeds 50 people and there appears to
be no enforcement by the police or fire departments. He had a conversation a
couple of years ago with Fire Chief Bodony and he conceded that there was not
a lot they were doing to enforce it and there was a lack of clarity about it. They
also asked for specifications for the parking lot. The final plat approval
included 36 parking spaces. He also asked that the number of spaces not be
increased. Parking spills over onto Wennes Court. The issue is that they tried
to not object to the renovations, but to ensure that the code would be very clear
as to what was meant by no further expansion. The issue is that the use has
expanded and the lack of enforcement is not just due to strained village
resources but because the guidelines that should have been put into the enabling
legislation. The Zoning Board does not enforce parking or capacity, but are in
a position to clarify in the text amendment as to what is meant by no expanded
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 9 of 15 April 6, 2010
use, which will make it clear to everyone and the enforcement divisions of the
village as to what the guidelines are for its continued use. What the Zoning
Board does, could have an impact on what might happen in the event that the
tavern is destroyed, which is why he believes the action is relevant.
Richard Allison, 31 Robin Hood Ranch said that he wanted to clear up two
misconceptions that were spoken to at this meeting. Although someone
testified that there were never any issues when the York Tavern was under its
previous ownership, he disagreed. He could remember being there on weekend
nights when there were over 100 people in the tavern. Cars would park on
either side of York Road. When the restoration took place, the parking was
eliminated, which has exacerbated the parking situation. He agreed that the
issues tonight are only about the owners being able to rebuild if the tavern were
destroyed. He has lived within a few blocks of the York Tavern for 40 years.
His old home at Washington and Ogden was a 225 acre homestead farm. He
researched and his old home, the York Tavern and the Graue Mill and the Ben
Fuller house built in 1874. He took a great interest in the area and welcomed
the historic Graue Mill and Gateway ordinance. He had taken it upon himself
to interest international companies that come to the area for McCormick Place
and trade shows to encourage tourists to come to the Oak Brook area to spend
money and stay over night. The occupancy rate at the hotels is down to 52 %.
He is also hoping to induce some foreign companies to establish branch offices
here. The historic area is of critical interest to tourists coming here from
Europe and China. The fagade of this building is important. The parking is an
issue, but the comment about beer cans on the street is not related to the tavern
because it does not sell beer cans. He is aware of some neighborhood teenagers
that park on those streets and throw beer cans, which can happen on any street.
On the 4`h of 7uly, there must be 70 cars parked on his street, which is a
spillover from other things. He sympathized with the residents, and suggested
that a fence and gate on Wennes or Luthin may be appropriate.
Ray Peterson, Luthin Road resident, said that there is a community of families
that have grown up together and support each other. If there is something going
on either Wennes or Luthin Road they talk about it, to see if it can be resolved,
when it is an external force. None of the neighbors have a problem, with one
another. It is a very close community and they are very old Oak Brook kind of
people and are trying to maintain the integrity of Oak Brook and the community
that they knew it was when they first moved into the area. When they hear of
things going on that infringes on the neighborhood, where children have played
on the streets for years and now there are problems with traffic overflow. If the
operation could be restricted to certain hours or signs added to Wennes Court
that would restrict parking, so that they would be ticketed. He would like to
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Zoning Board of Appeals Minutes Page 10 of 15 April 6, 2010
know if there is something that could be done in the zoning to accomplish any
of these things. He was in opposition to the request.
Ms. Muschler requested a continuance in order to discuss the issues with the
people who are in opposition, their reasons, and how to resolve the issues.
Member Bulin said that he was also a resident of Luthin Road and is part of the
neighborhood. He has been to the York tavern and has seen the demographics
change over time. The reason for the continuance requested is for the neighbors
to have the opportunity to try to codify some of the things that were brought out
of the Certificate of Appropriateness. The opportunity with the text amendment
is to try to codify the use, total occupancy, parking, expansion issues in the
future, such as outdoor searing. He believes that there is historic value in the
York Tavern and it should be rebuilt if it bums down. The expansion was
required because of the Health Department and ADA requirements, but that
wasn't meant to change the total occupancy of the structure. They want to
make sure that the historic nature of the district stays in the same context as it
was in the 1840's and not turn it into something significantly larger. There are
problems in the community now with the extra traffic, etc. There needs to be
some enforcement, which begins with the property owner. A good neighbor in
the community has to realize when there are too many people in the
establishment. Over the last several weeks the parking issue has been controlled
with employees parking over at the Graue Mill or forest preserve area. The
neighbors are trying to get the text into the amendment to help solve some of
the problems that could not be solved with the Certificate of Appropriateness.
Chairman Davis said that the Certificate of Appropriateness is something new
that had not been reviewed by to the Zoning Board of Appeals and would like
to have the Zoning Board members review it.
Member Nimry questioned what would happen if "no parking" signs would be
placed on Wennes and Luthin.
Member Bulin said that people have parties and there is not a lot of area for the
residents to park. It needs to be addressed similar to Chicago, where residents
get stickers or cards to be placed on the windshield.
Member Young added that it sounded like a very creative idea and could
generate revenue for the village with parking fines being assessed.
Chairman Davis requested a copy of the Certificate of Appropriateness for the
Zoning Board of Appeals to review.
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Zoning Board of Appeals Minutes Page 11 of 15 April 6, 2010
Motion by Member Bulin, seconded by Member Nimry to continue the public
hearing to the next regular Zoning Board of Appeals meeting scheduled to May
4, 2010. ROLL CALL VOTE:
Ayes: 6 — Members Bulin, Cappetta, Ninny, Rush, Young, Ziemer and
Chapman Davis
Abstain: 1 — Member Rush
Nays: 0 — None. Motion Carried.
5. NEW BUSINESS NEW BUSINESS
A. VILLAGE OF OAK BROOK — OAK BROOK CLUB COMMUNITY voa - OAK.
AREA ASSOCIATION — MAP AMENDMENT TO REZONE THE OAK MAPS AMEND -
BROOK CLUB SUBDIVISION PROPERTY FROM R -1 TO THE R -5oNE
DISTRICT AND SPECIAL USE APPROVAL OF THE EXISTING R-50PDISTRICT -
CONDOMINIUM DEVELOPMENT. SPECIAL USE -
CONDOMINIUM
DEVELOPMENT.
Chairman Davis swore in those that would be providing testimony.
Director of Community Development Kallien said that as part of the discussion
during the recent adoption of the R -5 zoning district, the Oak Brook Club fit
within the parameters set for the R -5 zoning district uses, etc. In the Plan
Commission and Zoning Board of Appeals recommendations to the Village
Board, it was indicated that the zoning designation for the Oak Brook Club
should be changed to the R -5 district when the text amendment was approved.
After consultation with the Village Attorney it was determined that due to legal
and proper noticing requirements, a public hearing would be required to request
the map amendment and special use approval.
The property is currently zoned R -1 and has been nonconforming since 1986
when it was annexed into the village. The R -5 district would make it
conforming and the special use would confirm the existing development. If the
Oak Brook Club would ever want to do an expansion or modification on the
site, they would need to amend the special use.
Jeff Kennedy, 4 Oak Brook Club Drive, Oak Brook, Illinois, president of the
Oak Brook Club Condominium Association spoke on behalf of all five of the
individual buildings associations along with the master association. As
president of the master association, he stated that each of the associations
unanimously approved and recommended the rezoning of the Oak Brook Club
from R -I to R -5. The primary reason that they want the change is because it is
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 12 of 15 April 6, 2010
0�
a nonconforming use and if one of the buildings would be 50 percent or more
damaged or destroyed by fire, tornado or earthquake, it could not be rebuilt.
They understood that in the future, if any changes to the existing development
were desired, they would be required to come back to the village.
Chairman Davis questioned whether there was a legal benefit to the approval of
the zoning request.
Mr. Kennedy responded there was as well as a legal benefit for the Village. In a
legal case, Judge Zagel had ruled that the Village's zoning ordinance was
discriminatory because it did not make provisions for multi- family,
condominiums, townhomes, etc. The Village then explored the concept of the
R -5 zoning. By having the R -5 zoning district in the Zoning Ordinance and by
having a community also zoned R -5, places the Village in a better legal posture
in the future, should there be any future dealings with Judge or any future
lawsuits that would challenge Oak Brook's zoning. It would be a win/win for
the Oak Brook Club and for the Village of Oak Brook.
Mr. Kennedy addressed the standards for an amendment as follows:
Changes in zoning look at the impact on the neighborhood. Oak Brook Club is
bounded on the east by Spring Road, Salt Creek and undeveloped woodlands.
They are bounded on the west and south and by commercial properties, office
buildings and the Oakbrook Center. They are bounded on the north by a
condominium complex in Oakbrook Terrace. The property is bounded by
commercial properties and multi- family. They have been a condominium
complex at this location for almost forty years. By recognizing the Oak Brook
Club for what it is would not have any adverse effect on the neighbors. No one
has objected to the zoning change. They felt it would be a benefit to the Oak
Brook residents that reside in the Oak Brook Club as well as for the Village of
Oak Brook.
Member Cappetta questioned since the Oak Brook Club development existed at
the time that the Comprehensive Plan was approved, why didn't the plan take
the property into consideration at that time.
Mr. Kennedy responded that when the Comprehensive Plan was adopted by the
Village, it said that it would not rezone the Oak Brook Club because they did
not want to establish multi - family housing in Oak Brook. That particular
statement in the Comprehensive Plan was a major source of the ire of the
federal court when the case went to trial.
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 13 of 15 April 6, 2010
No one in the audience spoke in favor of or in opposition to the request.
Chairman Davis noted that the factors for a map amendment were set forth in
writing on page D of the case file and that the applicant had satisfied the
requirements to recommend approval of a map amendment.
Motion by Member Rush, seconded by Member Nimry to recommend approval
of a map amendment to rezone the property known as the Oak Brook Club from
R -1 to R -5 as proposed.
ROLL CALL VOTE:
Ayes: 7 — Members Bulin, Cappetta, Ninny, Rush, Young, Ziemer and
Chairman Davis
Nays: 0 — None. Motion Carried.
Director of Community Development Kallien addressed the standards for the
special them as follows:
1. Is of the type described in subsection Al of this Section, is deemed
necessary for the public convenience at that location.
The Oak Brook Club is an existing multi - family project that has been in
existence for almost 40 years and approval of the map amendment and special
use will remove the nonconforming status.
2. Is so designed, located and proposed to be operated that the public
health, safety and welfare will be protected;
Approval of the special use will remove the nonconforming status, which has
created a cloud around the existing development and addresses a public need
that was spelled out in the Friary lawsuit.
3. Would not cause substantial injury to the value of other property in
the neighborhood in which it is located.
The Oak Brook Club has existed for almost 40 years and is an important
element in the Oak Brook community.
No one in the audience spoke in favor of or in opposition to the request.
Chairman Davis noted that the standards for a special use map amendment were
set forth in writing on page E of the case file and that the applicant had satisfied
the requirements to recommend approval of the special use as requested.
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 14 of 15 April 6, 2010
Motion by Member Ziemer, seconded by Member Young to recommend
approval of a special use for the Oak Brook Club Condominium as constructed
and shown on the attached site plan. ROLL CALL VOTE:
Ayes: 7 — Members Bulin, Cappetta, Nimry, Rush, Young, Ziemer and
Chairman Davis
Nays: 0 — None. Motion Carried.
6. OTHER BUSINESS
There was no other business to discuss.
ADJOURNMENT:
Motion by Member Young, seconded by Member Nimry to adjourn the meeting
at 8:57 p.m. VOICE VOTE: Motion carried
ATTEST:
Robert Kallien, Dire c of Eo mu ty Development
Secretary
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 15 of 15 April 6, 2010
V
OTHER BUSINESS
ADJOURNMENT