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S-1144 - 02/13/2006 - ZONING - Ordinances Supporting Documentsfir kv: CCUNT1; • O V� I'l'l:M 6,1+'0 V:� tutA OF W, 'r R AGENDA ITEM Special Meeting of the Board of Trustees of February 13, 2006 SUBJECT: Feley - Variation FROM: Kenneth T. Kubiesa, Village Attorney BUDGET SOURCE/BUDGET IMPACT: None RECOMMENDED MOTION: I move for passage of Ordinance S -1144, An Ordinance Granting A Variation From The Provisions Of Section 13- 10A -3C(1) of Title 13 ( "Zoning Regulations ") Of The Village Code Of The Village Of Oak Brook Relative To Setback Requirements. Background/History: This ordinance grants a variation to the owners of the subject property for a reduction in the required forty foot (40') front yard setback to approximately thirty -two feet (32') for the property located at 1 Meadowood Drive. This variation is requested in order to accommodate a single story family room addition. Recommendation: I recommend that this ordinance be passed. 0 4 An Ordinance Granting a Variation from the Provisions of Sections 13- 6c -3F(1) of Title 13 ( "Zoning Regulations ") of the Village Code of the Village of Oak Brook Relative to Front Yard Setback Requirements -1 Meadowood Drive G. An Ordinance Authorizing an Interfund Loan to the Sports Core H. Ordinance Declaring Miscellaneous Surplus Items I. An Ordinance Amending the Fair Labor Standards Act Policies for the Village of Oak Brook J. An Ordinance Amending the Personnel Manual of the Village of Oak Brook, Illinois K. Ratification of Expense — Public Works UST Diesel Pipeline Emergency Repair L. Authorization to Pay Bills on March 28, 2006 M. Partial Vacation of Detention and Public Utility Easement -12 Natoma Court N. Village Manager Salary Adjustment O. An Ordinance Correcting a Scriveners Error for the TIF #1 Butterfield- Meyers Road Redevelopment Project Area 7. ITEMS REMOVED FROM CONSENT AGENDA 6. A. 1) Kubiesa, Spiroff, Gosselar & Acker, P.C. — Legal Services - $17,378.00 Trustee Aktipis commented on items within the bill regarding legal fees related to zoning issues. His concern was for expenditures of legal fees relating to petitioners requests to the Village of Oak Brook. He would like to see the Village have a policy that would require petitioners to pay for any legal fees incurred by the Village on behalf of the petitioner. Trustee Manofsky also requested information regarding correspondence related to one of the charges. Attorney Kubiesa responded that he would review the topic and determine if it was information that can be released to the Trustees. Motion by Trustee Kennedy, seconded by Trustee Yusuf, to approve payment of item 6.A.1) Kubiesa, Spiroff, Gosselar & Acker, P.C. — Legal Services - $17,378.00. ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Craig, Kennedy, Manofsky and Yusuf . Nays: 0 - None. Absent: 1 - Trustee Sanford. Motion carried. BOARD & COMMISSION RECOMMENDATIONS —None presented 9. UNFINISHED BUSINESS A. CONFIRMATION OF APPOINTMENTS — None presented. B. ORDINANCES & RESOLUTIONS —None presented VILLAGE OF OAK BROOK Minutes Page 3 of 16 February 13, 2006 AGE Of Oq�,\ P �9 G � O \9 � OUNTI Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 -2255 Website www.oak - brook.org Administration 630 990 3000 FAX 630 990 0876 Community Development 630 990 3045 FAX 630 990 3985 Engineering Department 630 990 3010 FAX 630 990 3985 Fire Department 630 990 3040 FAX 630 990 2392 Police Department 630 990 2358 FAX 630 990 7484 Public Works - Department 630 990 3044 FAX 630 472 0223 Oak Brook Public Library 600 Oak Brook Road Oak Brook, IL 60523 -2200 630 990 2222 FAX 630 990 4509 Oak Brook Sports Core Bath & Tennis Club 700 Oak Brook Road Oak Brook, IL 60523 -4600 630 990 3020 FAX 630 990 1002 Golf Club 2606 York Road Oak Brook, IL 60523 -4602 630 990 3032 FAX 630 990 0245 April 28, 2006 Ronald C. and Jacqueline K. Feley 1 Meadowood Drive Oak Brook, Illinois 60523 Re: Recorded Document on March 29, 2006 ORDINANCE 2006- ZO- V- S- 1144/R2006- 057672 1 Meadowood Drive Oak Brook, IL 60523 Dear Applicants: A copy of the above noted recorded document is enclosed for your information. This is an important record and should be retained in a secure area within your files. If you need any further assistance in this matter, feel free to contact me at 630- 990 -5770 on Monday through Friday from 9am to 5pm. Sincerely, Linda M. Andrys Records Management Clerk /lma Enclosure cc: Dale L. Durfey, Jr., Village Engineer Robert L. Kallien, Jr., Director of Community Development Official Files / 0o S" / /Yy /kECD0G2006- RECLTR -0RD 2006- ZO -V -S -I 144 - FELEY -1 MEADOWOOD DR 4-1- FRED BUCHOLZ OUPRGE COUNTY RECORDER MAR291E006 B:id PM OTHER AGES R2006-057672 Return 067672 (Above Space For Recorder's Office n y VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523 -2255 RECORDED DOCUMENT TITLE PAGE Title of Document ORDINANCE 2006- ZO -V -S -1144 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTIONS 13- 6C -3F(1) OF TITLE 13 ( "ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO FRONT YARD SETBACK REQUIREMENTS Property Address /es 1 MEADOWOOD DRIVE, (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 ) OAK BROOK, IL 60523 Pin /s Number 06 -24- 203 -016 Name & Address of Applicant: RONALD C. & JACQUELINE K. FELEY 1 MEADOWOOD DRIVE, OAK BROOK, IL 60523 Name & Address of Responsible RONALD C. & JACQUELINE K. FELEY Party to Receive Copy of 1 MEADOWOOD DRIVE Recorded Document and Billing: OAK BROOK, IL 60523 G/L Account # to be Charged: 10 -1365 Prepared By: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Name & Address of Recipient of Consideration (when applicable): G/L Account # to be Charged: N/A Return To: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 ORDINANCE 2006- ZO -V -S -1144 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTIONS 13- 6C -3F(1) OF TITLE 13 ( "ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO FRONT YARD SETBACK REQUIREMENTS (1 Meadowood Drive, Oak Brook, IL 60523, P I N 06 -24- 203 -016) WHEREAS, an application has been filed requesting a variation from the provisions of Section 13- 6C -3F(1) of Title 13 ( "Zoning Regulations ") of the Village Code, which requires a forty foot (40') front yard setback to permit the construction of a single story family room addition to the existing single - family home which would have a thirty -two foot (32') front yard setback on the property commonly known as 1 Meadowood Drive, Oak Brook, Illinois, legally described below, and WHEREAS, a public hearing of such application has been conducted by the Zoning Board of Appeals of the Village of Oak Brook on January 3, 2006 pursuant to due and appropriate legal notice; and WHEREAS, the said Zoning Board of Appeals made explicit findings of fact that the variation requested conforms to the standards set forth in Sections 13- 6C -3F(1) of the Village Code, and WHEREAS, the Village President,and Board of Trustees concur with the recommendations and findings made by the Zoning Board of Appeals; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows Section 1 That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein Section 2 That a variation is hereby granted from the provisions of Section 13- 6C -3F(1) of the Village Code of the Village of Oak Brook to permit construction of a single story family room addition to the existing single - family home and allow a front yard setback of thirty -two feet (32') Section 3 That this Ordinance is limited and restricted to the property known as 1 Meadowood Drive, Oak Brook, Illinois, which property is legally described as follows LOT 1 IN WOODSIDE ESTATES, A SUBDIVISION IN THE WEST HALF OF THE NORTHEAST ONE QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED October 26, 1945 AS DOCUMENT 556874, IN DUPAGE COUNTY, ILLINOIS Failure to apply for a building permit for the proposed addition to the existing single - family home described in Section 2 within one (1) year from the date of passage of this ordinance shall render this variation null and void without further notice or action by the Village /A Ordinance 2006- ZO -V -S -1144 Granting Variation from Front (Feley) (1 Meadowood Drive P I N 06 -24- 203 -016 Page 2 of 2 Section 4 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict Section 5 This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law APPROVED THIS 13th day of February, 2006 /F Kevin uinlan Villa e President PASSED THIS 13th day of February, 2006 Ayes Trustees Aktipis, Craig, Kennedy, Manofsky and Yusuf Nays Absent Trustee Sanford � �� 0."i.'+ A`►. , ATTEST f-/ /T-,- / inda K Gonnella, CMC Village Clerk STATE OF ILLINOIS ) SS. COUNTIES OF COOK AND DUPAGE ) I, Linda K. Gonnella, do hereby certify that I am the duly elected and acting Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois. I DO FURTHER CERTIFY that on February 13, 2006 the corporate authorities of the above municipality passed and approved Ordinance 2006- ZO -V -S -1144 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTIONS 13- 6C -3F(1) OF TITLE 13 ( "ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO FRONT YARD SETBACK REQUIREMENTS (1 Meadowood Drive, Oak Brook, IL 60523, P I N 06 -24- 203 -016) I DO FURTHER CERTIFY that the original document, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same. I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties, Illinois. IN WITNESS WIIEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 6 th day of March , 2006. '-" 44' s Y f '.. , ,`'TIT' , ,t'� SRI {ti..,•+^ f nr � Linda K. Gonnella, CMC Village Clerk Village of Oak Brook DuPage and Cook Counties, IL