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Minutes - 06/01/1999 - Zoning Board of AppealsL VILLAGE OF OAK BROOK ZONING BOARD OF APPEALS MINUTES CALL TO ORDER June 1, 1999 The meeting was called to order at 7:32 p.m. MEMBERS PRESENT: MEMBERS ABSENT: Chairman Champ Davis Members Richard Ascher George Mueller Manu Shah Louis Aldini ALSO PRESENT: Trustee Alfred Savino Village Manager Stephen Veitch Library Director Ruth Martin Director of Community Development Thomas Hawk A quorum was present. IL APPROVAL OF MINUTES Member Mueller moved, seconded by Member Shah, to waive the reading of the April 6, 1999, regular Zoning Board of Appeals meeting minutes and to approve them as written. VOICE VOTE: All in favor. Motion carried. III. BARBARA — 25 BREAKENRIDGE FARM — AN APPEAL of a BUILDING INSPECTOR DETERMINATION Thomas Hawk, Director of Community Development stated that a letter was received from Douglas Slansky, an attorney representing Mr. Barbara, advising that the Appeal had been withdrawn. He briefly reviewed the background of the appeal stating that the fence /wall was built in conflict with the Zoning Ordinance. However, modifications had been made which now bring the structure into compliance. IV. VILLAGE OF OAK BROOK— LIBRARY— 600 OAK BROOK ROAD — SPECIAL USE Stephen Veitch, Village Manager represented the Village in its petition. He said that the Village proposes to construct a 24,000 square foot public library, together with associated parking and enclosed garden spaces on a site approximately 3 acres in size on the 270 acre Sports Core. He described the selection of the site, the proposed project and addressed the standards relevant to Special Use petitions. The site was selected after a lengthy process and the voters authorized the location of the Library on the Sports Core property by referendum in November 1996. Subsequently, ZONING BOARD OF APPEALS Minutes June 1,1999 1 �� the sufficiency of the referendum process was challenged and resolved through the courts with the Village ultimately prevailing. The proposed building is positioned on the site to maximize views across the Sports Core open space and to avoid soils less suitable for building construction toward the western side of the site. The building essentially straddles the existing Polo Road as it turns north along the west side of the open fields. The entrance to Polo Road would be relocated approximately 900 feet west of its current location and meander north to rejoin existing Polo Road north of the site. The property on which the proposed Library is to be located is zoned CR Conservation /Recreation. Libraries are provided for as special uses in the CR District. The Zoning Ordinance requires a 100 - foot setback from Oak Brook Road. The site plan as drawn indicates a setback of 146 feet to the edge of the parking area south of the building. The setback was determined based on the anticipated transfer of right -of -way to DuPage County by the Village in connection with the County project to improve Oak Brook Road between York Road and Jorie Blvd. The Ordinance provides that no yard or density penalty would result from this conveyance of right -of -way for road widening, however, the Village desires that the setback that remains after the improvement be in substantial conformity with the CR District requirements. Approximately 42 feet of right -of -way will be conveyed in this particular location. • The elevation drawings indicate a structure height of approximately 36 feet which is less than the maximum structure height for special uses in the CR District of 40 feet. • The site plan provides 94 parking spaces, nearly double the 48 required. The relevant standards required for the granting of a Special Use were addressed by Village Manager Veitch (see pages D -1 and D -2 of the petition file). 1. There will be no detrimental impacts on adjacent property and the Village believes the library will enhance the value of property in the Village. The use of the Sports Core property for cultural pursuits is consistent with the wishes of the former owner of the property, community founder Paul Butler as expressed in his letter dated June 3, 1977 (see copy of letter on pages D -3 and D -4 of the petition file). 2. The library will be located more than 800 feet from the nearest home. 3. The building and site plan have been designed to provide a facility that takes advantage of the natural beauty of the Sports Core while remaining safe and accessible to vehicles, bicycles and pedestrians. It will conform to all applicable accessibility codes. 4. The Library will be extremely distant from .neighboring property, but will be quite visible from Oak Brook Road, but not right on it. Village Manager Veitch summarized that the Village of Oak Brook seeks approval of a special use permit to locate the Oak Brook Public Library on a portion of the Sports Core pursuant to the applicable provisions of the Zoning Ordinance. No variations are being sought and the project has been sited and designed so as to have no material impact on any adjacent property. Chairman Davis noted that there was an issue raised during the Plan Commission hearing with respect to the effect of the Library on the use of the adjacent fields. Village Manager Veitch, said that approximately 15,000 square feet of the building would sit on the area known as Field 3 which is nearly 20 acres in size. The impact would be so negligible as to be non existent. The architect said in his letter that to move the entire site to the west not only is there a problem with the soils being able to carry the load of the building, but also problems start with having to do more earthwork. Jerome Kochka, 3001 Grant Street referred to his letter previously submitted to the Plan Commission. He complained that markers were not placed showing where the Library was to be located. He ZONING BOARD OF APPEALS Minutes June 9,1999 2 objected to the location of the Library because he believed it should be placed further west because it is taking land away from the soccer fields. Member Shah questioned Mr. Kochka as to the reason for his objection about the location for the Library. Chairman Davis added that he believes the reason for the location of the Library is based upon the soil condition. Village Manager Veitch said that Field 3 is primarily used for soccer. There are several soccer fields of various sizes set up on Field 3 and a lot of flexibility exists for how they are located and positioned. They do not begin to use the totality of the Field. It is also used for parking cars for community events. He advised the Board that Mr. Kochka has told him that he does not want to see the Library from his property. Mr. Kochka wants the Board to be convinced that the Library will encroach on the use of the Field. No one on the Village staff believes that the Library will negatively impact the Field. There is more concern over how much the Library could impinge on the woods if it were moved west. The cost of moving it west is extremely difficult to justify. The present cost of the project is $5.2 million and the added cost would be a minimum of $140,000 additional at a time when they are trying to engineer some significant number of dollars out of the cost of the project. Mr. Kochka responded that although he did state he did not want to see the Library from his property; he would see it at either location. Member Shah questioned that if the location does not adversely effect the use of Field 3, why would Mr. Kochka want the Library moved. He added that the Sports Core is one parcel and Mr. Kochka would like the Village to spend a lot of money to move it, when it does not have an effect on much of anything. Mr. Kochka believes that not moving the Library is diminishing public property inch by inch. Barbara Benezra, 35 Windsor, spoke in support of the Library and she believes the Village has hired quality people for this project. She has walked every proposed site for the Library and believes this is the best site possible. The location will bring many more people to the Sports Core to use the property because of the Library. To incur additional avoidable costs at his point seems foolish. They have tagged many trees to be saved. If the Library is moved back further, some of those trees will be lost. She believes the site recommended is the best site possible. She noted that, like Mr. Kochka, she is also a single voice. She noted that when the Board makes a decision they will have the recommendation from the experts. Chairman Davis asked Village Manager Veitch whether the Library was necessary to be at the proposed specific location and he answered that it has been placed as far west as it could go before they get to unsuitable soil. Village Manager Veitch reported that the Plan Commission requested staff to have architects develop cost estimates for the construction at the original location. The estimate has been included in the file. They also requested to have the parking lot lighting turned off within thirty minutes after the Library closes, with the exception of lighting necessary to provide for effective security of the facilities. Finally, exterior lighting shall be so designed to avoid the visibility of light sources and spillage onto adjacent properties. Director of Community Development, Hawk interpreted the meaning of "location," which is the standard within the Zoning Ordinance that addresses the Special Use language, "...deemed necessary for the public convenience at that location." The Sports Core property is the "location" as referenced in the Ordinance. The decision on the Sports Core as "the" location took place after considering Park District, school district, Village properties, etc. The issue of "location" raised by Mr. ZONING BOARD OF APPEALS Minutes t June 1,1999 3 t Kochka, is the location within the Sports Core property and whether an issue could be made over some internal impact on the property. If it cannot be shown as an impact somehow on the public, the decision as to the site of the Library falls essentially to the property owner, in this case the Village. The Village Board is going to make the final decision on this issue, both to build the Library and the approval of the Special Use. Providing them with the cost was to provide them with all the elements necessary to make an informed decision. Member Ascher moved, seconded by Member Shah that the petitioner has satisfied the standards for recommendation of a Special Use by a public agency as required by the Zoning Ordinance and to recommend for approval the Special Use as requested. 1. The development shall be in substantial conformity with the plans as submitted. 2. All parking lot and exterior building lighting shall be designed to minimize visibility of light sources and spillage affecting the homes to the east. 3. Parking lot lighting shall be turned off within 30 minutes after the library closes for the night except for necessary security lighting. ROLL CALL VOTE: Ayes: 4 - Ascher, Mueller, Shah and Davis. Nays: 0- Absent: 1 - Aldini. Motion Carried. V. ADJOURNMENT Member Shah moved, seconded by Member Mueller to adjourn. VOICE VOTE: All in favor. Motion carried. Meeting was adjourned at 8:26 p.m. 40 k^o� Director of Community Dev Cpm nt Secretary March 7, 2000 Date Approved ZONING BOARD OF APPEALS Minutes June 1, 1999 4 eVjJ(