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Minutes - 08/22/2007 - Zoning Board of AppealsF) 3. 4. MINUTES OF THE AUGUST 22, 2007 SPECIAL MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK. APPROVED AS WRITTEN ON NOVEMBER 6, 2007 CALL TO ORDER: CALL To ORDER The Special Meeting of the Zoning Board of Appeals was called to order by Chairman Champ Davis in the West Wing Training Room of the Butler Government Center at 7:33 p.m. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT. Chairman Champ Davis, Members Richard Ascher, Jeffrey Bulin, Glenn Krietsch, Baker Nimry and Steven Young IN ATTENDANCE: Robert Sanford, Trustee; Kathryn Manofsky, Trustee; Robert Kallien, Jr., Director of Community Development, Dale Durfey, Jr., Village Engineer and Mark Sterk, Village Attorney APPROVAL OF MINUTES: MINUTES REGULAR ZONING BOARD OF APPEALS MEETING OF JUNE 25 2007 Motion by Member Ascher, seconded by Member Nimry to approve the minutes of the June 25, 2007 Regular Zoning Board of Appeals meeting as written. VOICE VOTE- Motion carried UNFINISHED BUSINESS BUSIN BUSINEESS SS There was no unfinished business to discuss NEW BUSINESS NEW BUSINPSS OAK BROOK PARK A. OAK BROOK PARK DISTRICT — 115 CANTERBERRY LANE — MAP DIST _ 115 AMENDMENT TO REZONE THE 40 -ACRE PARCEL FROM R -1 TO C NTERB RR ILN CR SPECIAL USE TO USE THE PARCEL AS AN EDUCATIONAL to Ca, SPECIAL USE SITE WITH GARDENS FISHING PIERS ADA ACCESSIBLE EDUCATIONAL SITE and PATHWAYS AND OTHER LAND IMPROVEMENTS and VARIATIONS to the VARIATIONS TO THE PARKING REGULATIONS PARKING BEGS Chairman Davis swore in all parties that would testify. VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 1 of 29 August 22, 2007 Tom Truedson, resident and Oak Brook Park District Commissioner as well as the Chairman of the Dean Nature Sanctuary project, provided the background on the request. Dorothy Dean donated the property to the Park District approximately 10 years ago. Her nephew, the Executor of her estate, asked the Park District to take it over about 3 years ago. There had been a living will in place for Dorothy Dean to live on the property at that time. She is alive and doing well in Naperville, but is no longer on the property. The Park District applied for a grant to i ehabilitate the property about 1 -/2 years ago The property has been invaded by different plant species that are not native to this area, such as buckthorn. They applied and received a $246,000 OSLAD grant from the Illinois Department of Natural Resources They plan to restore the property to the way it was about 100 years ago by removing the invasive species and making it available to the residents of Oak Brook and surrounding communities or those that want to enjoy nature and the outdoors by the way of a passive sanctuary, They do not plan to be aggressive with any sort of programming. Dorothy's interest was for the animals to enjoy the property, not just people. The plans presented to the village have been approved by Dorothy Dean. The Park District is seeking a map amendment to rezone the property from R 1 to CR. They are seeking a special use to allow for garden and a fishing pier and a variation to the parking requirements They want it to be a pristine property that Oak Brook can be proud of. The Wolf Road Prairie has been restored and is managed by Pizzo Associates, which is the same group contracted for this piece of property. As a resident that grew up here, he spent 3 hours with Dorothy and videotaped her to document what she wanted done with the property. There are numerous covenants on the property to keep it within her vision and should another board come along in the future, the property could not be developed with baseball fields, etc. A visual presence and evidence of what someone wanted is a strong mandate as to why things need to be kept a certain way and they are living up to that. The plan is for a very passive, low impact piece of property. It will be beautiful and they want to make it available for those that want to enjoy it. They will meet all village ordinances and requirements. They want this property to be consistent with their other CR District properties. Stan Motley, Executive Director for the Park District noted that all other parcels owned by the Park District are zoned CR and would like this property zoned CR as well. Mr. Motley addressed the standards for a map amendment as follows: 1. Character of the neighborhood RESPONSE: The character of the neighborhood is residential and this site has VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 2 of 29 August 22, 2007 been available to the public to use for hiking, fishing and biking since the 1960's when the Dean family lived on the site They will not be changing the character of the neighborhood. 2. The extent to which property values are diminished by the particular zoning restrictions. The property values will not be diminished with this zoning change. Statistics by the National Recreation and Park Association report that having a park in the neighborhood will in fact raise individual property values. 3. The extent to which the removal of the Existing Limitations Would Depreciate the Value of Other Property in the Area. The Conservation District placed an easement on the property. The passive use of the parking can never change. A perpetual easement will still be in effect with the new zoning. The continued passive use of the property from the 1960's to present and into the future must remain the same. 4. The suitability of the Property for Zoned Purposes The suitability of this property to remain a natural area is ideal. It will be an excellent restoration site. There are coyotes, bucks, etc. The property is suitable to that and was so prior to the invasive species. 5. Existing Uses and Zoning of Nearby Properties. To the immediate east are both the Cook County Forest Preserve golf course and I -294. The existing 20 -mile bikeway from Brookfield Zoo also enters the property on the east side and will eventually go into Addison. It has already been part of a recreational use and purposed. There is quite a bit of bike traffic there today especially on the weekends. 6. The Length of Time Under the Existing Zoning that the property has remained unimproved considered in the context of land development. Since its ownership by the Dean family from the 1960's to present. The property has been residential with the Dean family making it available for hiking, fishing, and biking. The Dean family established a conservation easement to preserve those usages for Oak Brook residents. 7. The Relative Gain to the Public as Compared to the Hardship Imposed on the Individual Property Owner. The gain to the public will be the site improvements to include an educational VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 3 of 29 August 22, 2007 Vlk- facility with,signage and exhibits, ADA accessibility paths. Someday there will be a canoe launch on Salt Creek, fishing piers at the pond, two small shelters and a parking lot for 22 cars. The overflow would be on the grass. 8. The Extent to Which the Proposal Promotes the Health, Safety, Morals or General Welfare of the Public. The Oak Brook Park District will ensure the conservation easement remains in effect for the public. The usages of hiking, fishing and biking clearly promote the health, safety and morals or general welfare of the public. 9. The Relationship of the Proposed Use to the Comprehensive Plan. The relationship of this proposed use would clearly support the Village's 1990 Comprehensive Plan through the preservation and conservation of open space within the Village of Oak Brook. 10. Community Need for the Use Proposed by the Property Owners. They have 150.4 acres of parkland within the Oak Brook Park District. The proposed Dean Nature Sanctuary will be the first nature sanctuary that will be strictly a passive park. It would provide a continued service to the community for the residents to enjoy. No one spoke in support of the request. Lori Stafford, 318 Canterberry Lane asked for a description of what the CR zoning was compared to residential. They knew Dorothy for at least 15 years and she wanted the property left for the wildlife. It is good that they want to do improvements, but they are chasing away the wildlife. Deer that are displaced and agitated have chased her and others. People are coming on the property and letting their dogs run loose. Rottweilers with spiked collars have chased her. The people coming in are from under the Tollway and there are very few Oak Brook residents there on their bikes. If the caliber of some of the people going fishing could be seen, they would be mortified. She mentioned the concern for the safety of the people that live there, when they can be accessed right under the tllway and then they are gone. She was concerned if someone were robbed down the block; it is a dead end street that was very quiet. Now it is overwrought with people on bicycles and dogs running free The lady that lived there before said that she left because no one would listen to her and that dogs were running wild on the property. How much open land is needed in Oak Brook and what monetary value would there be for the people that live on the block or the Village. Chairman Davis questioned that her concerns were that these things are going on now and if the property were rezoned, it would get worse. VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 4 of 29 August 22, 2007 °7�24 She agreed that was her issue. She said that one or two years ago, the Park District did have something for the people in the Village to come and see the Dean property. There were plenty of places to park on the property and off on the sti eet without having paving done for a parking lot. Director of Community Development K.allien said that the R -1 District allows a minimum lot size of 2 -acre residential lots. The parcel could be subdivided into 20 2 -acre lots. Under the CR proposal residential uses are no longer allowed. CR District is meant primarily for open space; that is why it exists on the Sports Core property and the other Park District properties. Instead of property seeking higher density, the Park District is down- zoning the property to the least intensive land use that there is, which is open space. Chairman Davis asked if a residence could be built upon the property. He asked if people could go on the property today. Mr. Truedson said that the property was open to the public now and as well as when Dorothy lived there. Mr. Motley said that one of the conditions they will place on the property is that no animals will be allowed, except for service animals. Dogs will be restricted from the park and they do not want them on the site disturbing the wild animals and causing them to rein onto other people's property. There has been a great deal of help from the Police Department. They are checking fishing licenses and controlling any issues that may be there. There will be a set of rules posted by the park entrance and they will prohibit dogs. It will be a catch and release pond and a carry in and out for litter. Ms. Stafford asked what. Mrs. Dean's mental capabilities were at this point and questioned where were copies of the wills. Chairman Davis noted that issue was not before the Zoning Board of Appeals Mr. Truedson said that she left the property over 10 years ago and copies of the DVD are available. They want people to understand what Dorothy wanted and said that it would be very low impact site. Chairman Davis noted that under the special use approval, there may be conditions imposed. Member Young said that the mental faculties of Mrs. Dean are not the issue, VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 5 of 29 August 22, 2007 which would be for probate court not this body. It is one governmental unit asking another governmental unit for a change. Mr. Motley said that the Dean family required the trust and conservation easement placed on the property to ensure that her wishes were complied with perpetually. Member Ni7nry said that it does not sound like the Park District met with the neighbors. Mr. Truedson said that 2 years ago they had an open house and invited the entire community and last fall, they sent a notice to all the neighbors and had a presentation to show them exactly what was presented to this board. There were many neighbors there. Ms. Stafford said that it is a dead end street and since they took over, it is getting worse by the day. Someone is going to get robbed on the block or someone will drown in the pond. She does not understand why fishing piers and canoe launches is necessary. The people that are on bikes are not coming from Oak Brook; the majority comes from Bellwood and other areas. People have almost gotten nin down on the street; it is not a through street. They are losing their privacy. Chairman Davis said that what exists there now is going on under the current zoning. Granting the request would not change anything that what exists now. When the special use is granted, conditions can be imposed. It will then go to the Village Board so there will be another opportunity Ms. Katie Stafford, 318 Canterberry Lane said that she lives with her parents and agrees with her mom that there are too many bikers and people on her street. They are trying to make this area into a park district. She walks her dog down Canterberry Lane and now has to walk with the housekeeper because there are deer running wild on the street. The housekeeper and her mom have had the deer hiss and stomp its paw at them. The police have been called but said they would not do anything unless someone was actually injured. Her fiiends said that they found bums /poor people living under the bridge under 294 There is a wildlife center located across I -294, there have been several instances with guys doing inconspicuous things, and the police have been called. She should not have to walk down the street with people asking her where they are all the time and she should not have to answer them. There are cars parked along the street and she is sure it is not the neighbors' cars. The police are called and they come and fine the people. There is a law that they are VILLAGE OF OAK BROOD Special Zoning Board of Appeals Minutes Page 6 of 29 August 22, 2007 supposed to be parked a certain way on the street. The Park District said that the cars park on the property, but they are not they are on the street. Chainnan Davis said that the property is zoned R -1 and if the park district was denied the change to CR, one of the permitted uses in residential districts is for parks and playgrounds, if denied, they could still constrict parks and playgrounds. The question is would the change in zoning make it worse. If implemented, the usage of the property would become more restrictive and regulated. As far as people sleeping under the Tollway, there is no relevance to the issues that are before the Zoning Board of Appeals that could be done at this meeting. If people are sleeping under the tollway, nothing done at this meeting could change that. The issues are important issues, but what is done at the hearing would not change that, and maybe it would make the situation better. Alan Rocca, 114 Canterberry Lane, said that the subject property is located directly across the street from his home and that things are going south on Canterberry Lane Things have changed quite a bit His mailbox has been smashed a couple of times over the past summer. There have been a lot of very strange people around. He used to go onto the Dean property all the time, but no longer does because he does not want to deal with the people that are now on the property. Under the tollway into the forest preserve there is a beat up cement shelter that has gang signs on it and these are the type of people that are actually moving onto the Dean property now and fishing It is not a good thing. He has been there since 1992 and Mrs. Dean had a gentleman that maintained the property very well. A few people that knew about it would go there and fish. They would park on the street and were quiet. Now there is constantly litter thrown everywhere. The nice residential feel of the street has changed, and it will just get worse. He does not know why this is happening. Mr. Truedson responded that the residents made very good points; although he did not believe, what has been happening there was a Park District issue. He noted that walking down to the end of Canterberry Lane under the bridge past the Meadowlark golf course, there is a shelter area located there that was built approximately 70 years ago by the conservation engineers in the Roosevelt era and does have some very questionable people back there. It was always a dirt path and in order to get back there you would have to be willing to go through mud and dirt; and today it is a paved path. The Cook County Forest Preserve District placed the bike path so that it is very easy, clean, and inviting to go back there now. It goes all the way up to the Dean property. People can park there and it is only a mile away. It is very accessible to get to now. Regardless of what the Park District does and if Dorothy Dean were still living there it would still be an issue. They have asked the police to patrol the area. They are VILLAGE OF OAK BROOK. Special Zoning Board of Appeals Minutes Page 7 of 29 August 22, 2007 well aware that there might be people that come down there. The last thing that anyone would want is to be physically assaulted, intimidated, or robbed. What is happening is more of a police issue because of something that is just happening. A bike path was created that was not there a year or so ago. The police are asked to patrol all of the parks. Mr. Motley said that he spoke with Police Chief Sheahan and he has had police cars sitting on Canterbeny Lane on Saturday and Sunday, and they were writing down license plates looking for repeats. They are well aware of the problem and do not want anyone there that is not there to fish or picnic. They do not want any misuse of the property. The police are very cooperative and work with them. Mr. Truedson added that when they open the property they would be removing all of the buckthorn, which is an invasive plant that has taken over, and when removed would open up the property. It will be easier to see who is on the property, whereas today you cannot see if someone is hiding on the property. It is all part of what the Park District is trying to do. They are not marketing the property for any kind of active programming. They are seeking the map amendment because they want to protect it so that programming or some sort of playground is not added. The change in zoning makes the property more restrictive and the Conservation Foundation is the overseer on the property that approves everything the Park District does, which keeps in concert Dorothy Deans wish of a nature sanctuary. They are trying to stop the dogs from going down there. Additional signage will be added prohibiting dogs on the property. They will do whatever they can to improve the property and hopefully remove some of the negativity that is currently taking place and make it a facility that the Village would be proud. Ms. Stafford asked about the path being removed. Mr. Truedson said that the bike path was not located on the Dean property and would run along the toll road. It is controlled by DuPage County and Cook County connects up to the path. Member Nimry noted that if there is an issue of safety coming fiom the east side of 1 -294, then the best thing to do, if there is a safety issue, would be to close the bike path so that it would not be connected. Mr. Truedson said that since the path has been paved it is inviting and provides easy access onto Canterberry Lane. Perhaps by having more regular people and activities using it there may not be things going on down there. Regardless, the VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 8 of 29 August 22, 2007 situation has nothing to do with the zoning change they are requesting. Eva Durham said that she did not live in Oak Brook, asked what would happen with the Dean home; if the property is zoned CR and asked if it would be able to remain as a caretakers residence. She questioned whether any staff would be located on the sanctuary to answer questions or act as an overseer. Mr. Motley responded that it is a facility in a park that at this point have not determined what they would do with it It is controlled by the rules and regulations of the park district. All DuPage County forest preserves have homes in them, which is not unusual. They do not anticipate additional staff on the site at this time. Currently they have 2 maintenance people that take care of the 150 acres of parkland. Contractors do most of the mowing. Ms. Stafford said that if educational purposes are brought in, it could not be made a sanctuary like it existed 100 years ago because there were not cats at that time. Member Young questioned what the animal control plan was, since it was testified to that they are chasing people around. Andy Star, Landscape Architect, Pizzo and Associates said that other than developing control dog access in the parks, an animal control plan has not been worked on. They are hoping to achieve bringing back the native species, which is not just the deer and wild turkeys and other wildlife, but also the insects and vertebrates that attract the songbirds, which then attract the reptiles all the way up the food chain. They are looking to restore the area so that there 1s a habitat that would attract native species of animals and insects, etc. Mr. Motley noted that the Oak Brook Park. District is not a specialist in wildlife conservation, but they would be working with the Department of Natural Resources. Member Young asked if a traffic study had been done. Mr Motley responded that they did not and that there are currently about 8 -15 cars per day in there on Saturday and Sunday. Member Nimry commented that contradicts the testimony given, because there are more bikers and traffic coming from somewhere. When the fishing piers are brought in, he questioned if there would be enough parking provided. VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 9 of 29 August 22, 2007 Mr. Motley responded that the bikers and hikers coming in from the trail do not bring cars. They do not stock the creek with fish. There are carp and catfish that come in from Salt Creek. Member Nimry said that he is responsible for Mayslake and since the parking lot was paved, there are 3 to 4 tunes as many people coming in to fish. There are cars there all the time. Member Young asked if the Village could provide information to the Village Board as to what is happening in that area as to what actual crime is going on and what tickets are being written. He would like to know what the police are doing over there. Ms. Stafford said that tickets might not have been given, if the police are just writing down license plates. Mrs. Stafford said that they have cameras monitoring the outside of their property and there are many more cars than 15 going down their street. Map Amendment Chairman Davis noted that the standards were provided by the applicant on page C of the case file. Motion by Member Young, seconded by Member Nimry that the applicant satisfied the requirements to recommend approval of the requested map amendment to rezone the 40 -acre property located at 115 Canterberry Lane from R -1 to CR. ROLL CALL VOTE: Ayes 6 — Members Ascher, Bulin, Krietsch, Nimry, Young and Chairman Davis Nays: 0 — Motion Carried. Special Use Mr. Motley said that the OSLAD grant that was approved by the Natural Resources Department and received by the State of Illinois, there was a 50 -50 grant to improve the site. As part of that request it was for the following: use of educational exhibits, which could be a small habitat spot for bluebirds along with signage. A small portion of the paths to allow an ADA accessible paths. ■ Two spaces on the parking lot would be ADA accessible. Canoe launch to allow people to portage their canoe to get on Salt Creek The Salt Creek Association has put out a map to get people to VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 10 of 29 August 22, 2007 access it. ■ Fishing piers that would be a natural limestone shelving. ■ 2 small shelters 10 x 12 viewing shelter to allowing someone to sit down. ■ A 20 x 24 shelter that would be a picnic shelter near the parking lot. ■ Fishing, hiking and biking; things that are currently going on now for the residents of the Village of Oak Brook. Special Use Standards 1. Is of the type described in subsection Al of this Section, is deemed necessary for the public convenience at that location. RESPONSE: The improvements described will be in compliance with the Conservation easement and agreement on the property and will continue the original purpose used on the property. It will forever remain a passive park and will be available to the students and residents of Oak Brook. 2. Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected; RESPONSE: The impact on the neighborhood will be insignificant The property would be used for fishing, hiking and biking. The special use by the park district will continue that use under safe operation and enhance the opel ation so it would now be ADA accessible. It is along Salt Creek and will provide the balance for wild life in the area from the smallest insect or animal up through the food chain. 3. Would not cause substantial injury to the value of other property in the neighborhood in which it is located. RESPONSE: If the special use is approved, it will not cause injury to the value of other property, the statistics from the National Recreation and Park Association show that park development in a neighborhood will increase the value of the property and does not decrease the value. Chairman Davis said in the CR district many of the things they are seeking on the property are permitted uses, the educational facilities is the reason for the special use. He questioned and the petitioner confirmed that the fishing pier would be a limestone pier as opposed to one made of wood. Mr. Motley added that the ADA accessible pier would be exactly like the one in Ginger Creek last year, which has a wooden surface on it so that someone could go out on it in a wheel chair and will have a ramp leading down to it and would VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 11 of 29 August 22, 2007 extend out about 12 feet into the water. It has a safety factor so that those with a need would be able to enjoy fishing on the pond. Mrs. Stafford questioned the need for fishing or a fishing pier at all. She questioned whether it was mandatory to have a handicapped accessible fishing pier, especially when it was stated that the fish are not edible. Mr. Motley responded that signs will be posted within the next 30 days that it is a catch and release program. Mrs. Stafford noted that even though a sign is posted, the property would not be monitored, just like dogs that are on the property unleashed. Dolores Pearson, resident said that she lives adjacent to the property said that the zoning change to CR would be a welcome addition because it would restrict a 20 -40 home development and instead there would be a park. The biggest issue is control. She lives next door and has people walking with their bicycles from the end of her property all the way to her patio because they are looking for a place to exit or trying to determine where they are. She has many grandchildren and it has become a security issue for her. She recently read in the newspaper that someone went to Christ Church with a knife and she would bet that he came down Canterberry Lane because he was found in Bemis Woods. Security is a very serious resident concern. If the site is properly monitored and secured it could be a pleasure otherwise, it could be a disaster. Currently, the property has been let go and is not being monitored. Many more cars come down the street than what were stated approximately 150 cars on Saturday and Sunday. The cars go east then west, most cars do not go on the Dean property There are as many cyclists as well coming from the Cook County path. Ms. Stafford said that Mr. Rocca's mailbox has been knocked down twice as well as another neighbor, which is all due to the traffic coming down the street. Mr. Truedson said that very clearly it has been stated that security is an issue. He will bring it to his board to approach the village police as far as security and get a more definitive understanding of what they could commit to as far as adding additional security on their property, besides what may be needed on Canterberry. Their board could consider looking at a standpoint of adding some sort of security and make some recommendations. Some of the traffic may be related to people driving by and looking at the homes. They embrace security as much as they can. There will be security gates on the property. VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 12 of 29 August 22, 2007 Mr. Motley said that unlike any other park in Village, in an isolated 40 -acre park, you want to close your entrances at dark and open them at dawn. There will be a control gate off of Canterberry. They do not want people in there at night and turning it into a Bemis Woods where people will hang out; they want that factor controlled and assist the Village police in their duty. Member Nimry commented that something should be done to keep the bikers in the area from going on the neighbor's property. Mr. Motley said that their trails will be marked as hiking trails and people should not be riding bikes up to Mrs. Pearson's backyard. Member Nimry said that he had a similar issue between the Forest Preserve District and Trinity Lakes. As a result the Forest Preserve District planted about 16 foot border of trees and vegetation so that you can cross from the Forest Preserve onto the private property at Trinity Lakes. Something similar should be considered here. Mr. Motley said that the new $3.8 million DuPage County bike path project that is going through Oak Brook would clearly define the trail. The bike trail will go along Canterberry and will not be on the Dean property. The perimeter of the path onto the property from Canterberry Lane will be for hiking not biking. Chairman Davis said that the trail way is not an issue before the Zoning Board of Appeals. Member Young commented that it appears Canterberry Lane is being used as a turnaround for traffic and questioned if there were a way to prevent it from being used as a turnaround. Village Engineer Durfey responded that Canterberry Lane is a public right away and the public has a right to use it in a legal fashion and did not understand why someone would be stopped from using a public road. Ms. Stafford said that the lady that lives at the end of the street (Nessel) was held up at her home about year ago. She believed someone came onto her property with a knife or a gun, which is a concern. Safety is a factor that should be a concern. She did not want to sound crude or crass, but just about everyone that lives on the street has a house worth over a million dollars with many valuables. This is a factor with everyone coming down their street. They do not know who they are and their visitors do not park on tide street. VILLAGE OF OAK. BROOK Special Zoning Board of Appeals Minutes Page 13 of 29 August 22, 2007 Chairman Davis noted that all of the comments made are legitimate, however the matter before the Zoning Board of Appeals is regarding the changes being sought and whether that would worsen the existing situation or would it enhance it If approved, it will go to the Village Board for consideration and they pay great attention to comments from the members of the public. Marie Kokenis, 1903 Midwest Club, Oak Brook Park District President, said that she was originally from California and when she first moved into this area she lived in Indian Head Park and then in Graue Mill and enjoyed the trails for the 5 years she lived thew. She now lives on York Lake Court, which is just south of Canterberry Lane, the difference between them is that they are on a cul -de -sac. They have at least 100 cars coming down their street every single Saturday and Sunday. Everyone should remember that they are living in Oak Brook and people around the western suburbs and city, like to come out and look at the homes and open space. Her family would be amazed when they came to visit that although she was only 18 miles from downtown, there was all kinds of wildlife, wetlands and is very beautiful. The work that the Park District will do on that property will only enhance the surrounding properties Chairman Davis said that the applicant has addressed the standards for a special use and the Plan Commission unanimously recommended its approval subject to conditions. Member Young questioned whether the Zoning Board could recommend that the applicant run a traffic study of the area. Member Nimry said that they should be concerned about the safety and traffic on the street and if improvements were made to the property, would the traffic increase and parking problems occur, if there were not enough spaces. Mr. Motley said that he has seen 10 -20 cars on the weekend that come onto the property or to the pond. He was not aware of the number of vehicles that go down Canterbeiry because it is a quarter mile down the road. There are 3 homes for sale on Canterberry and some of the vehicles may be looking at thein. There may be as many vehicles coming down Canterberry as stated by the neighbors, but those vehicles are not coming onto the property. Chairman Davis asked if the improvements were made on the property as requested, would the applicant believe that would increase the traffic Mr. Motley did not believe it would substantially impact traffic to the property. The services they are recommending will only enhance the services in the park. VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 14 of 29 August 22, 2007 It is a nature sanctuary and its use is meant to be passive, unlike a forest preserve. Member Krietsch commented that based upon the existing permitted uses in the CR distnet that the only need for a special use would be presenting educational materials. Mr Motley said that the map included in the case file indicates the areas on the property that people can walk. The signage on the path will indicate for example, butterfly garden or prairie grass and then will describe it. Educational exhibits are meant for those that are hiking by on the path. Member Krietsch said that there has been a great deal of debate regarding the special use for educational material because everything else is allowed in the CR District. Chairman Davis asked for clarification from staff. Director of Community Development Kallien responded that to a degree it is true. However, one of the things that the special use does is that it establishes a set of conditions for the property that then become more restrictive. The village has asked for detailed plans as to how the property would actually be used. Under the permitted use sections of the Code, this level is not required Under a special use, it becomes restrictive and the applicant is bound to it. Member Nimry commented that the Park District insisted in the material provided on page B.1 that the traffic would not be increased. Anything not being done now will increase traffic to the site. The traffic should be controlled to not make it worse than it is now for the residents. The village has to do something with the road because the traffic will increase. Mr. Truedson said that they are not encouraging more traffic on the site. Rather they are improving the site for its current use. Chairman Davis reviewed the conditions imposed by the Plan Commission (on page 14 of the case file). He suggested that additional conditions be imposed to include a requirement that the Park District use its best efforts to enhance the security for the property. Another condition would be control gates, which would be a security enhancing issue and would be a requirement of the special use. Biking as stated would be prohibited. The Park District by its testimony stated that the proposed improvements would not increase traffic to the property. It was acknowledged by the Park District, and they further stated that VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 15 of 29 August 22, 2007 they could not control the traffic that exists on Canterberry Lane, which has or would not be accessing the property. Member Nimry suggested that parking should be restricted Canterberry Lane. He also questioned that the village had talked about no parking on the streets. Director of Community Development Kallien said that the municipal code currently states that a portion of CanterberTy Lane is signed where "no parking" is allowed. An ordinance to that effect would need to be enacted by the Village Board. Village Engineer Durfey said that some residents came to the Village one or 2 years ago concerned about parking. The Code allows the Village Board or Police Department to put up signage on a temporary basis for certain issues versus an outright ban. The parking is on Village property not on Park District property. Member Ascher asked for an explanation of the canoe use at the pier. Mr. Motley responded that it would be an approximate 12 by 12- concrete surface area. People would need to bring their own canoes and carry them from the parking lot to Salt Creek by the underpass at I -294. There will not be canoe lessons or rentals. The Department of Natural Resources and the Salt Creek Association is trying to encourage waterway usage and the Park District is cooperating with them on a canoe put -in. Most people will not portage their canoes from the parking lot, so he did not anticipate that it would be a popular activity Chairman Davis noted that dogs would not be allowed on the property and the Park District would provide appropriate signage to prohibit biking or dogs. Special Use Motion Chairman Davis said that the standards were provided by the applicant on page D of the case file. Motion by Member Young, seconded by Member Krietsch that the applicant satisfied the requirements to recommend approval of the special use to allow the properly to be used as an educational facility as proposed subject to the following conditions: 1. The development is to be constructed in substantial confonnance with the revised site plan. VILLAGE OF OAK. BROOK Special Zoning Board of Appeals Minutes Page 16 of 29 August 22, 2007 2. Subject to approval of the map amendment and variation to the parking and driveway requirements. 3. The applicant will obtain an approved Engineering permit that addresses all outstanding engineering issues. 4. Best efforts are to be made to enhance security on the property increasing additional patrol of the site, including control gates; and the site shall be open from 8:00 a.m. to dusk. 5. Signage to be added to prohibit biking and dogs on the property. 6. Additional signage to be added to prohibit dogs from the site. 7. Notwithstanding the exhibits contained in the case file, the applicant shall meet all Village ordinance requirements in the building pen-nit process except as specifically varied or waived. ROLL CALL VOTE: Ayes: 6 — Members Ascher, Bulin, Krietsch, Nimry, Young and Chairman Davis Nays: 0 — Motion Carried. Variation Chairman Davis questioned an explanation of the relief being sought for the Variation Mr. Motley said that they are seeking relief to allow 22 parking spaces. Currently it is only turf parking. It is their intent that any overflow would be onto the turf that is currently being used. The parking provided would be similar to what is being used at the Hawks Soccer field and it would be their intention to provide one streetlight at the entrance to 115 Canterberry. The gate will be closed and secured at night so the parking lot would not be used at eight. Chairman Davis said that under the,Zoning Ordinance it would require that the development provide at least 150 parking spaces. Director of Community Development Kalllen said that the calculation is based upon the use and the square footage. There is not a use listed for this type of use in the ordinance so they are required to use the square footage of the site. Another option would have been to do a study and a text amendment for passive parking utilization, but that would take more time. The Variation standards were provided in writing on page C in the case file and addressed by Mr. Motley as follows: VILLAGE Or OAK. BROOK Special Zoning Board of Appeals Minutes Page 17 of 29 August 22, 2007 I;Z�' 1. 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: The cost would be prohibitive and a reasonable return is not a question. 1. b. The plight of the owner is due to unique circumstances. RESPONSE: The property as acquired from the Dean family was with a conservation easement by the Conservation Foundation that stipulated the perpetual use of the property to be a passive park. 1. c. The variation, if granted, will not alter the essential character of the locality. RESPONSE: The design as approved by the Illinois Department of Natural Resources and the Village of Oak Brook special use permit ensures the usage and design of the site is as the Dean family requested. They will comply with all Village ordinances as required. The Wolf Prairie site located along 31St Street and Wolf Road is an 80 acre site and they have a total of 25 spaces. The supplemental standards were submitted in writing and are contained in the case file. Ms. Stafford noted that the Wolf Prairie is not on a residential dead end street and asked what guarantee would they have that the Park District would not seek more spaces in the future. The traffic has increased since it was made public in the newspaper. Bikers are riding by and telling all of their families. They have been living on the street for 13 years and it has never been like this. Mr. Motley responded that they do not believe the traffic going onto the Dean property has increased There is traffic on the road that they cannot address, it could be curiosity seekers and did not believe it was related to the Dean property Many people do not want to go down the road on the property because it is presently a gravel road. Chairman Davis questioned if the Park District would need to seek approval to add more parking spaces Director of Community Development Kallien responded that they would not need to seek a variation to add more, but they would need to amend their special use. VILLAGE OF OAI� BROOK Special Zoning Board of Appeals Minutes Page 18 of 29 August 22, 2007 Chairman Davis noted that the approved plans are very specific and the Park District would need to expand their special use to add more spaces. Ms. Stafford questioned what would happen if there were more cars on the street and the parking lot is full, There would be no other place to park than on the street. Mr. Truedson said that they believe there will be little use of the property in the winter. Their consultant recommended 10 spaces and they have requested 22. They are trying to accommodate what they believe would be the maximum number or cars there. Ms. Stafford questioned why the bike path is on Canterberry Lane. There should be signs on their street stating no biking or running allowed on their street. There are ovex million dollar houses on the street and they are all worried about who the people are coming down their street, because they are worried about their property. Village Engineer Durfey responded that Canterberry Lane is a dedicated bike path and is a public street, not private. Member Ascher questioned the comments in Village Engineer Durfey's memorandum. Village Engineer Durfey said that his memo talks about the gravel- parking request, because the code currently requires asphalt. It is an unusual request, because the Forest Preserve District has asphalt in 4 out of 6 of their sites, and the two older sites have asphalt and partial curbs. His concern is that the granting of that variation could set a precedent for other agencies or other areas in the village, since there does not seem to be any unusual or unique qualities on this site that does not appear on other, such pristine forest preserve sites. If the gravel is permitted, then you would not want curbing or striping. If the gravel is not permitted, then curbing and striping would be required. Mr. Motley responded the reason for the request is to maintain the site as natural as possible They are asking to make only 2 spaces concrete so that they would provide ADA access to the path. They would just add car blocks to define the 22 spaces. Village Engineer Durfey said that he is not sure how this request would be determined to be more unique than another one. VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 19 of 29 August 22, 2007 Chairman Davis questioned if anyone else had requested this sort of relief and was denied. Village Engineer Durfey said that it may have been requested at staff level and they did not seek relief to the Code. Matt Bardol, Natural Resources Manager Cowhey Gudmundson said that they use ecologic restoration. The system they are using would be more of an engineered system. They will use more of a chipped gravel surface. It would benefit the environmental aspect instead of black asphalt that would runoff onto the landscape. The material used would keep the gravel in place and would infiltrate and prevent runoff. It is an engineered system. The gravel could be a chipped limestone or a darker sand color. Member Young asked what the environmental benefit would be. Mr. Bardol responded that typical asphalt is completely impervious and there would be runoff. By taking a permeable pavement, you can actually take the base course, which normally is underneath and actually infiltrate through it This follows the DMV, is ahead of its time, and would not be life a normal gravel parking lot that would have a lot of run off. Member Young asked about snow removal and safety during plowing. Mr. Bardol said that it can be plowed and that you would not drop the plow all the way down and they would have to know that it is down. 4 Member Young said that the property is a prairie not a forest preserve. Mr. Bardol responded that it would infiltrate better and actually break down the oil and greases. Member Nzmry asked about the oil infiltrating on the surface. Mr. Bardol said that on a normal parking lot it would runoff onto the vegetation. This actually goes through and breaks down the oils and greases, so there is really not a clean up issue. It would not be used as a surface on a gas station Variation Motion Chairman Davis said that the request is to reduce the required number of parking spaces from approximately 160 to 22 spaces; to use gravel instead of VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 20 of 29 August 22, 2007 asphalt as required without curbing or striping. The applicant addressed the standards in their testimony and they were submitted in writing on page C of the case file. Motion by Member Young, seconded by Member Nimry that the applicant addressed and satisfied the applicable standards required to recommend approval of the variations as requested, subject to the following conditions: 1. Approval of the requested map amendment to CR and special use. 2. Development in accordance with the plans as submitted. 3. Address all issues raised by Village Engineer Durfey. 4. Notwithstanding the exhibits contained in the case file, the applicant shall meet all Village ordinance requirements at the time of building pen-nit application, except as varied or waived. ROLL CALL VOTE: Ayes: 6 — Members Ascher, Bulin, Krietsch, Nimry, Young and Chainnan Davis Nays: 0 — Motion Caffied. S. B. d ITED PARTNERSHIP -- 1603 16 "' STREET — SPECIAL USE — DRIVE -1N BANK VARIATION — DISTRICT BOUNDARY REQUIREMENT Chairman Davis swore in all parties that would testify. Scott Day, with Day and Robert Law firm, Naperville, Illinois, attorney for the joint applicants stated that the applicants are Columbia Lisle Limited Partnership, which is known as InSite Oak Brook Limited Partnership and Fifth Third Bancorp. The owner of the property is InSite Oak Brook Limited Partnership and the co- applicant and long -term lessee is Fifth Third Bank. The applicants are seeking a special use for a drive -in banking facility. They are also seeking a variation related to the setbacks on the lot. He reviewed the surrounding zoning and history for the subject propert�. It is located at 1603 16th Street on the southwest comer of Route 83 and 16t Street. The properties located to the north and northeast of the site are B -1 zoning as well as this parcel and are located within the Village of Oak Brook. The property located west and south of the site is residential property located in the City of Oakbrook Terrace. There is a combination of high - density retail and low density residential as you move to the west. The property is subject to previous requests before this board. Those requests VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 21 of 29 August 22, 2007 FIFTH TNJRD BANCORP + InSITr — 1603 16" St — SU — DR1VL -N BANK and VARIATION — DIST BOUNDARY for the text amendment and sign variation are still pending before the Village Board and were placed on hold until the current requests go before them They owner of the property now has a tenant for the site and a detailed site plan has been submitted. It is an unusual site; there are essentially three lots that make up this one property. He reviewed how the parcel got to be the way that it is with two - thirds of the site being in the Village of Oak Brook and a portion located in the City of Oakbrook Terrace. The property was originally in a single - family residential subdivision. There is a small portion of the subject property that is also located within the City of Oakbrook Terrace, despite the fact that is part of the unified parcel. Back in the 1970 -80's the house on the property burned down. At that time, one of the parcels was under the jurisdiction of Oak Brook, the middle parcel was under the jurisdiction of DuPage County, and the southern parcel was under the jurisdiction of Oakbrook Terrace. They requested that the parcel in Oak Brook be de- annexed into Oakbrook Terrace; however, the Village sent a letter saying that they would not be inclined to de -annex the parcel from Oak Brook. They filed a petition to annex the center portion of the property (under DuPage County jurisdiction) into the Village of Oak Brook. Town and Country then filed an application with the Village of Oak Brook to change the zoning so that the lot could be used as a single zoning lot. It was approved by the Village subject to certain conditions. Through the annexation process, the Village of Oak Brook looked at it as a unified lot, even though the southern portion was located in Oak Brook Terrace. It was mandated in a recorded restrictive covenant that the southerly portion of the lot, located in Oakbrook Terrace, by the means of a private deed restriction, must be maintained as open space. A variation was granted at that time that the southerly 37.5 feet that is located within Oak Brook Terrace would be the setback for the property (instead of the district boundary line) and permitted the building now on the site to be constricted within two feet of it. Town and Country was given pennission to build an 18,000 square foot office building with 47 parking spaces and used it until InSite purchased the property. Private Bank occupied the first floor, and InSite was on the second. There were concerns raised regarding the previously submitted site plan. In addition to the requirement process of the Village, InSite, also conducted a meeting at the subject property, giving notice to individual neighbors, to the officials of the City Oakbrook Terrace and was attended by two of the alderman. The meeting was also attended by several neighbors, two trustees of the Village of Oak Brook and the planners from both communities. VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 22 of 29 August 22, 2007 There were concerns that the headlights from vehicles accessing the site would shine in on the neighbors and disturb the use of their property. There was concern that there would be noise and volume coming from the ATM facility; and that fencing and landscaping would be inadequate to screen the site from the properties to the west and south. There were architectural concerns regarding the specific appearance and look of the building when actually developed. There was a concern regarding the lighting plan, hours of operation, trash bin screening, and the sounds associated with the air conditioning coolers. Because of the meetings, they made substantial revisions to the site plan and addressed many of the concerns. Tom Cervenka, InSite Real Estate reviewed the background and responded to the concerns that were raised. They have occupied the building since 1997. They recently acquired the old Oak Brook Bank building and are relocating their headquarters into that building. The intention of the project is to demolish the existing building. Fifth Third Bank will build an approximate 3800 square foot banking facility with 3 drive - thru lanes. In order- to address some of the previous concerns, they rotated the drive -thru lanes so that headlights would rotate east toward the mall facing toward Route 83. Vehicle stacking will be on the south side. The retaining wall /berm concept would definitely shield the neighbors from any traffic, headlights or sounds within the drive -thin area. Village of Oak Brook does not permit a solid fence, so they came up with this combination of landscape and a retaining wall to provide a shielding to the south, because the neighbors and Oakbrook Terrace officials did not think that landscaping would be enough. The air conditioning chiller locations have been moved off of Monterey Avenue to a location that is further from the residences and will be substituted with residential grade units, which mean that the sound is the same as those for residences. They have addressed most of the concerns with the neighbors. They will comply with the Village Ordinance that requires no more than .5 -foot candle at the property line. They are using existing light poles; and given the dense landscaping there will be no transmission of existing light onto the property line. Mr Day said that the Exhibits noted as pages U and W in the case file, show renderings of the proposed Fifth Third Bank building. There is an overlay of the existing building, indicating the existing building over the proposed structure. The Fifth Third Building is much more recessed. The main concern is to the neighbors to the west and south. The exhibit shows that the bulk of the building would be significantly reduced and the distance to the property line VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 23 of 29 August 22, 2007 will be withdrawn. The other exhibit shows plain elevation view so that the distances from the property lines can be visualized. Mr. Day reviewed the changes in the site plans that were modified in response to the concerns that had been raised. The site plans submitted have a different configuration for the building, which have been turned 90- degrees. The drive - thru now points to the east toward Route 83, rather than south toward the residential properties. The added benning of the parcel essentially raises the southerly and westerly property boundary through a landscape feature. The berming adds enough elevation so that the headlights shine into the retaining wall that holds back the earth and landscaping features on the other side. It reduces the sound from the vehicles passing through and shields the residences from the headlights. The lighting plan has been submitted and there is a reduction to the overall bulk on the site, which is a significant reduction in use on this property. He compared the existing and proposed structures. Old Proposed New Reduction Height: 37 -feet 24 -feet 35% Square feet: 18,000 3,796 79% (w /basement) Above Ground 12,000 3,796 68% Parking, 47 22 53% Old Footprint: 6,000 3,796 37% The standards foi a special use were submitted in writing and are contained in the case file. Mr. Day reviewed the special use factors as follows: Special Use Standards 1. Is of the type described in subsection Al of this Section, is deemed necessary for the public convenience at that location. RESPONSE. The property is in a very unique location of the Village It is one of only two pods of B -1 parcels in the Village. One is at this intersection and the other is for the new Promenade development on Butterfield Road. Route 83 has been given the Strategic Regional Arterial designation from the Illinois Department of Transportation, which has nearly 69,000 cars per day. The designation is one -step lower than a controlled access highway such as 1 -88. It is intended to take high volumes of traffic Out of necessity, this parcel must take vehicular traffic because it is not pedestrian friendly. The parcel can only be accessed by a motor vehicle, because crossing Route 83 at this location is VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 24 of 29 August 22, 2007 prohibited. The roadway network to the west has been cut off. The only way to access the parcel is from Route 83. They obtain 100 percent of their customer, B -1 usage from Route 83. When the parcel was developed under Town and County the Village also added a land use restriction on the parcel that prohibited all retail uses on the site. This is the only parcel in Oak Brook in the B-1 District that is not a retail use. This parcel is located next to the highest intensity land use in the Village, Oakbrook Center to the lowest intensity land use to the west, which is a residential development. It is a very unique parcel of property and must have a land use that is not retail sales and that could take advantage of the motor vehicles. A banking institution with a drive -in facility is uniquely appropriate for this parcel the way that the land use has been restricted by the natural road arterial system, the previous rulings and restrictive covenants and the surrounding residential land use. 2. Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected; RESPONSE: The revised configuration of the site reducing the bulk, the elevated property line by the benning area so that the vehicles will appear to be below the ground level. The lights and sounds from the motor vehicles would be protected from the residential properties to the south. There will be additional landscaping above and around the berm that would further shield the residential properties from this land use. The lights and drive aisles have been reconfigured as there has been significant modification made to the site plan, including the landscaping, bulk regulations to have met this requirement. 3. 'Would not cause substantial injury to the value of other property in the neighborhood in which it is located. RESPONSE: If the special use is approved, the new synergy may actually improve the retail performance of the land use to the north and enhance the land value. As it relates to the retail properties to the west and south, they believe the redesign, the significant downgrading of the amount of bulk proposed for this site; and with the additional landscaping, would be an enhancement over what currently exists on the parcel and would be beneficial to those properties. The Plan Conu-nission voted unanimously to approve the special use subject to certain conditions that they agree to comply. Member Bulin questioned the absence of the retaining wall plan. Mi Cervenlza passed around the plan that would be included when developed. Director of Community Development Kallien said that the plan is consistent VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 25 of 29 August 22, 2007 with what they talked about during the meeting with the neighbors. The City of Oakbrook Terrace representatives, and several Village of Oak Brook Trustees came to the site and it was felt that it would be an adequate way to screen any impact that the cars or car lights would have on neighboring properties. Trustee Manofsky said that she was the trustee that denied the previous request for the drive -thru considering the distance between the old PrivateBank and the neighbors would have been inappropriate. The HVAC was located at the rear of the property was loud and had very little vegetation, which would have impacted the neighbors. Her position was that if the neighbors were happy then she would be happy. She questioned the use of two residential units and the retaining wall around the drive aisles. Mr. Cervenka said that the air conditioning units would be located closer to the building, which has been reduced in size. Mr. Day said that the air conditioning units would be residential units just as what is used in the neighborhoods. Trustee Manofsky said that she would be in support of the project if the neighbors were happy and she was glad that the neighbors were present at the hearing. Steve Schneider has investment property located at 1S448 Monterey, which is to the south and west of the project. He was concerned with the landscaping and lighting that would impact his tenants He would like to see the landscaping enhanced farther south Mr. Cervenka said that they would not be able to tell there were air conditioning units and the intent would be to keep the dense landscaping on the site. Member Bulin suggested that the landscape plan be amended to enhance the landscape with some additional evergreen material along the west retaining wall. 0 Eva Durham, Oakbrook Terrace Alderman, said that she did attend the meeting and they did say that they would like to see the dense screen continue to the southern end of the property. Chairman Davis said that the applicant addressed the standards for a special use in their testimony and were submitted in writing on page B of the case file. The Plan Commission imposed conditions, which are acceptable to the Zoning VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 26 of 29 August 22, 2007 Board of Appeals. Motion by Member Krietsch, seconded by Member Nimry that the applicant addressed and satisfied the requirements for a special use to recommend approval of a drive -in banking facility as requested subject to the following conditions: 1. Approval of the text amendments to the Zoning Ordinance to make banks a permitted use in the B -1 District and drive -thru banking facilities a special use in the B -1 District; 2. Approval of a variation to Section 13- 7A -3C -lc to pen-nit an encroaclunent into the B -1 District boundary line requirement; or Approval of the detachment of lot 3 from Oakbrook Terrace and approval by the Village of Oak Brook for the annexation of lot 3 and consolidation of the now separate parcels into a single parcel; 3. Development in accordance to the site plans proposed by Fifth Third Bancorp (see the case file); 4. Construction of a landscaped berm along the south side of the bank drive -thru addressing concerns by the residents of Oakbrook Terrace; 5 Amend the landscape plan to enhance and extend the evergreen vegetation south along the west side of the retaining wall. 6. All lighting on the bank property shall be properly screened to ensure that the illumination shall not exceed .5 foot candles at the property line. 7. Address all issues raised in the June 26, 2007 memorandum from Village Engineer Durfey. 8. Notwithstanding the exhibits contained in the case file, the applicant shall meet all village ordinance requirements at the time of building permit application except as specifically varied or waived. ROLL CALL VOTE: Ayes: 6 — Members Ascher, Bulin, Krietsch, Nimry, 'Young and Chairman Davis Nays: 0 --- Motion Carried. V-ariatinn Mr. Day said that the way that the Zoning Ordinance is written, the setback is determined from the zoning district. Technically the zoning district for this parcel runs along the north lot line, which is lot 3. To the south of that is the 37.5 feet that is located in Oakbrook Terrace. Even though it is the same parcel, it is a separate zoning district, so the 60 -foot setback would have to be VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 27 of 29 August 22, 2007 measured fi-om the boundary line, rather than the lot line, which is the lot ownership. They are seeking to allow the south line of the zoning lot to be the lot line, not the boundary line. Under the ordinances, the entire property was married together by the restrictive covenants required by the Village. At that time, it was intended to be used as a single site. The way that the zoning lots are defined, a property that is intended to be used as single unit is a single zoning lot, even if it is in different zoning districts. They are seeking to use the south line of the zoning lot as opposed to the south line of the zoning district. If that is pennitted, they will exceed the setback requirements on the south side of the parcel. Variation Standards The Variation Standards were provided in writing in the case file and addressed by Mr. Day as follows: 1. a. The property in question cannot yield a reasonable return if pennitted to be used only under the conditions allowed by the regulations governing the district in which it is located. RESPONSE: The Village regulations require that this property be used in conjunction with the other, yet the yard standards would prohibit them from using it for anything whatsoever 1. b. The plight of the owner is due to unique circumstances. RESPONSE: This is probably the only parcel within the Village that has this situation. 1. c. The variation, if granted, will not alter the essential character of the locality. RESPONSE: This is virtually the same variation that was granted to Town and Country because the same situation rose then, which is why the lot was created as it was. The setback was created by a private restrictive covenant and they are seeking permission to use it. The supplemental standards had been submitted in writing in the case file. Mr. Day said that the City of Oakbrook Terrace asked that they process an application to de -annex the property from Oakbrook Terrace and annexed into the Village of Oak Brook and they are processing that request. They would then be in compliance. Chairman Davis said that the applicant addressed the standards for a variation VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 28 of 29 August 22, 2007 7. in their testimony and were submitted in writing on page r of the case file. It is a very unique situation and ultimately if the property is annexed into the Village of Oak Brook, the variation would not be necessary. Motion by Member Krietsch, seconded by Member Nimry that the applicant addressed and satisfied the applicable standards required to recommend approval of the requested variation to Section 13- 7A- 3C -1.c of the Zoning Ordinance to allow an encroachment into the district boundary line to allow a setback of approximately 72.6 feet for the building and a setback of approximately 42.25 feet for the drive -thru canopy as requested, subject to the following conditions: 1. Approval of the text amendments to make banks a permitted use and drive -in banking facilities a special use in the B -1 District. 2. The development is to be constructed in substantial conformance with the site plan submitted on page L.2 of the case file dated ;Tune S, 2007 as prepared by Charles Vincent George Design Group. 3. Notwithstanding the exhibits contained in the case file, the applicant shall meet all Village ordinance requirements in the building permit process except as specifically varied or waived. ROLL CALL VOTE: Ayes. 6 -- Members Ascher, Bulin, Krietsch, Nimry, Young and Chairman Davis Nays: 0 — Motion Carried. OTHER BUSINESS There was no other business to discuss. ADJOURNMENT: Motion by Member Young, seconded by Member Krietsch to adjourn the meeting at 11:10 p m. VOICE VOTE: Motion carried ATTEST. Robert Kallien, r of Community Development S ecretary VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 29 of 29 lzv_ August 22, 2007 OTIIER BUSINESS ADIOURNMLN i'