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Minutes - 08/02/2005 - Zoning Board of Appeals1. 2. 3. 9 5. MINUTES OF THE AUGUST 2, 2005 REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON OCTOBER 4, 2005. CALL TO ORDER: CALL TO ORDER The Regular 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. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairman Champ Davis, Members Richard Ascher, Manu Shah and Steven Young IN ATTENDANCE: Director of Community Development, Robert Kallien, Jr. APPROVAL OF MINUTES: MINUTES REGULAR ZONING BOARD OF APPEALS MEETING OF MAY 31, 2005 Motion by Member Shah, seconded by Member Young, to approve the minutes of the May 31, 2005 Regular Zoning Board of Appeals meeting as written. VOICE VOTE: Motion carried. UNFINISHED BUSINESS: UNFINISHED BUSINESS There was no unfinished business to discuss. NEW BUSINESS NEW BUSINESS A. STEWART -- 3109 YORK ROAD AND 405 OAK BROOK ROAD — STEWART - 3109 VARIATION TO ALLOW A REDUCTION IN LOT AREA YORK ROOK AND 405 REQUIREMENTS -- SECTION 13 -6B -3A -- TITLE 13 OF THE REDUCTION IN LOT AREA REQTS - VILLAGE CODE — ZONING ORDINANCE SECTION 13- 613 -3A Chairman Davis swore in the petitioner and property owner Warren Stewart. Mr. Stewart testified that he resides at 405 Oak Brook Road and is the owner of the parcel as well as the property located at 3109 York Road, which is adjoining property. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1 of 5 August 2, 2005 He provided some history and background on the properties and the area. About 40 years ago the County came in and took about 50 feet from the front of all the properties along Oak Brook Road and that did not have much effect on the enormous 600 feet estates of his properties east of his property up to the Tollway. However it reduced the lot depth of his property and the other three properties to the west to 169 feet, leaving them deficient of back yard space and close to Oak Brook Road. His two properties share a common border and people have commented that it almost appears that the York Road property is over lapping on the 405 Oak Brook Road lot. He wants to restore the lot depth; not just to recreate what was there, but to have a more proportioned yard. In the process his property on Oak Brook Road would become a fully conforming lot under the R -2 District standards. None of the 5 parcels west of the 405 lot up to the corner of York and Oak Brook Road meet the one acre minimum standards in the R -2 District. The property at 3109 York does not really lose anything. The property in the rear is so remote from the house that it had become a maintenance problem and had privacy issues for the property on 405 Oak Brook Road when there was separate ownership. Even with the lot reduction to 3109 York the property will still be the second largest of the remaining lots and the number of nonconforming lots will be reduced from 5 lots to 4 lots if these changes are approved. The changes also soften the transition from the R -1 properties just east which are 600 feet deep and over 3 acres. It probably could be said that some nonconforming properties in Oak Brook could be made conforming if they stole property from their neighbors, but in reviewing the entire map of Oak Brook he could not find another property where the donor property would not suffer like this one. The property on York Road will be 420 feet deep which is over 6 times the length of its width, and is about the length of 2 football fields. He is not proposing any redevelopment on the properties. He is an old house person and plans on staying for a while and would like to get a bad thing straightened out. Chairman Davis asked specifically the relief that is being sought through these proceedings. Mr. Stewart responded that it is his understanding that there is not a problem making a parcel larger and conforming, however he is taking a nonconforming parcel and making it more nonconforming. It is a 39,000 square foot property and he will be taking approximately 11,000 square feet away from the back of it. When it is resubdivided the rear of the home would be 164 feet to the rear lot line, more than 100 feet over the rear setback requirement. The property will be approximately 27,000 square feet which will still be 10- 11,000 square feet larger than the property at 413 Oak Brook Road, and is similar in size but larger than the other two properties on Oak Brook Road, so 3109 York really does not lose much being as deep as it was and abutting into the yard at 405 Oak Brook road it was and was not a friendly lot VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 5 August 2, 2005 line. It is not the typical urban grid system where two properties back up against each other. It was always awkward and he had a good relationship with the previous owner, but that could change if there were a change in ownership of the property. This change seems to make more sense and adds a fully conforming parcel to the Village. There is an existing home on the property and the front door faces the south side yard. There is a new subdivision to the south known as the Sue Boon Subdivision and none of the property owners have objected to the proposal. Director of Community Development Kallien said that if a lot exists as nonconforming due to lot area and we try to make it a smaller parcel that triggers the need for a variation. On page 2 there is an approved Ordinance S- 469 that allowed a reduction in the side yard setback and lot area. The Plan Commission has recommended approval of the subdivision, subject to approval of a variation to the zoning ordinance. Normally the village tries to get rid of nonconforming parcels and here is the opportunity to do that. There were neighbors in the audience who reside in the properties along Oak Brook Road that stated as a group were all very much in favor of the proposal. Chairman Davis asked Mr. Stewart to address the standards required for approval of a variation. (a) The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located. Response: Both of the subject properties are made less desirable by the current lot configuration. 3109 York Road has an extraordinarily deep lot relative to its width (587 feet versus 66.5 feet). The deepest part of the lot becomes a maintenance burden, without lending any benefit to the homes typical needs. 405 Oak Brook Road is currently too shallow in lot' depth to promote much improvement to the existing home. It is also not deep enough to be attractive as a building site for new home development. 1(b) The plight of the owner is due to unique circumstances. Response: In doing research for this variation, no situation resembling the circumstances of these two properties could be found. The plight of this owner was created by the sudden and unexpected availability of the adjacent, property at 3109 York Road for sale. 1(c) The variation, if granted, will not alter the essential character of the locality. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 5 August 2, 2005 Response: Beyond the planting of several trees, the applicant is proposing no visual changes to the appearance of either property at this time. The remainder of the standards was fully addressed in writing on pages I.1 and 1.2 of the case file. Member Ascher asked if the 3109 property was vacant and what intentions he had, if any, with that property. Mr. Stewart responded that it was vacant and he was considering remodeling it and selling it in the spring. Member Young asked want the County did in terms of the taking of land. Director of Community Development Kallien responded that both York Road and Oak Brook Road are under the jurisdiction of the County and they have a right to do a taking of land in order to improve roads, which is what had happened here. Director of Community Development Kallien said that all the homes along York had a setback of 100 feet from the property line and it was revised to be 100 feet from the center of York Road. Along Oak Brook Road the setback is 110 feet from the centerline of the Road, and normally in an R -2 district it is normally 40 feet so all the properties in that area has restrictions. Chairman Davis noted that the proper notice has been given to all the proper owners. No one in the audience spoke in opposition to the requested variation. Chairman Davis said that it appears the petitioner has addressed the standards as required to recommend approval of the variations and are in writing on page I through I.2 of the case file. Motion by Member Shah, seconded by Member Ascher to recommend approval of the variation to the lot area requirements as requested subject to the following conditions: 1. Subject to the approval of the final plat and variation to the Subdivision Regulations as recommended by the Plan Commission. 2. The provisions of Ordinance S -469 which permits a reduction in the side yard setback for the parcel at 3109 York Road be continued considering the unique shape of the parcel. ROLL CALL VOTE: Ayes: 4 - Members Ascher, Shah, Young and Chairman Davis Nays: 0 - Motion Carried VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 5 August 2, 2005 6. OTHER BUSINESS: There was no other business to discuss. 7. ADJOURNMENT: Motion by Member Shah, seconded by Member Young to adjourn, the meeting at 8:00 p.m. VOICE VOTE: Motion carried. ATTEST'"' Robert KallienQDa<dtor of Community Development Secretary VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 5 August 2, 2005 OTHER BUS NESS ADJOURNMENT