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Minutes - 11/07/2006 - Zoning Board of Appeals1. 2. 4. MINUTES OF THE NOVEMBER 7, 2006 REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON DECEMBER 5, 2006 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, Baker Nimry, Jeffrey Bulin and Glenn I{rietsch and Steven Young ABSENT: Member Manu Shah IN ATTENDANCE: Robert Sanford, Trustee; Robert Kallien, Jr., Director of Community Development and Dale Durfey, Jr., Village Engineer APPROVAL OF MINUTES: MINUTES REGULAR ZONING BOARD OF APPEALS MEETING OF AUGUST 1 2006 Motion by Member Bulin, seconded by Member Krietsch, to approve the minutes of the August 1, 2006 Regular Zoning Board of Appeals meeting as written. VOICE VOTE: Motion carried. REGULAR ZONING BOARD OF APPEALS MEETING OF SEPTEMBER 5 2006 Motion by Member Bulin, seconded by Member Krietsch, to approve the minutes of the September S, 2006 Regular Zoning Board of Appeals meeting as written. VOICE VOTE: Motion carried. UNFINISHED BUSINESS UNFINISHED suslNESs 4 A. BRITTWOOD CREEK LLC — MAP AMENDMENT - BRITTWOOD CREEK, LLC — APPROX 57 APPROXIMATELY 57 ACRES OF VACANT PROPERTY LOCATED ACRES OF VACANT SOUTH OF 35th STREET AND EAST OF ROUTE 83 — TO REZONE LAND ROUTE 3 $83 ST -MA ra or P THE WESTERN PORTION OF THE PROPERTY FROM R -1 to R -2 AMEND- PORTION OF THE PROPERTY FROM R- I to R -2 VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1 of 19 November 7, 2006 12- Walter Morrissey, attorney for the petitioner said that since the last meeting there have been a couple of intervening events. One was the request for a postponement due to a medical emergency involving back surgery for Mr. Callaghan. Since that time the parties representing Brittwood Creels and those in opposition, represented by Mr. Cappetta have reached a resolution of their differences to the satisfaction of the parties. A supplemental Preliminary Plat and Plat of Zoning were filed with the Village (included in the case files). He summarized the changes in the plans. The previous plat was for a 35 -lot subdivision and the revised plat is for a 30-lot residential subdivision. Approximately 28.64 acres of the 57 acres would be zoned R -2, with not more than 18 residential lots, which is 6 acres less than previously requested. A covenant will be recorded with respect to the 57 -acre tract of land that prohibits access to the private road in the Breakenridge Farm Subdivision. Noted on the plat is Out lot V, which is located just west of the property known as Oak Brook Farms and would remain open space subject to an easement grant that will allow the horse stables to use the land for the purpose of their corrals and containment of the horses. A second easement grant affects lots 1 and 2 in Brittwood Creek, which on the western portion of the lofts for open space. Out lot V is s 60 feet in width by 507 feet in depth and the open space easement (affecting lots 1 and 2, and touches the boundary line of lot 3) is 90 feet in width by 507 feet in depth. It will always be open space and will either have a dry or wet retention on it. Another change is where they addressed the concern for fire and safety. The entrance moved westward to accommodate Out lot V and the open space easement. A provision was made for secondary emergency access onto 35th Street along lot 30 that abuts 35th Street. The final change affects a parcel of land that is 40 feet by 450 feet running east to west and abuts the west boundary of Oak Brook Farms. The parcel will be deeded by the Institute in Basic Life Principles to the land trust that owns the southern portion of the Oak Brook Farms property. The changes described would result in 12 lots designated as R -1 (2 -acre minimum); 12 lots designated as R -2 with a 1.5 acre minimum lot area; and 6 lots designated as R -2 with a 1.24 acre minimum lot area, which result in a total of 30 lots. The 30 -lot plan results in the lowest density (.52) within the municipal boundaries of the village and the average lot size is 83,490 square feet per lot, which is more than 1.9 -acre average per lot. Chairman Davis questioned the purpose of deeding the lots in a trust. Mr. Morrissey responded that the settlement agreement reached between the parties had multiple parties and interests. One of the considerations agreed to was that the Institute would convey the 40x450 foot parcel to settle an adverse possession lawsuit. There were also some encroachments on the south and west boundary that were cleaned up from that as well. The parcel is still part of the 57 -acre property, but the agreement is between the parties to record the VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 19 November 7, 2006 respective deeds. Chairman Davis swore in Mr. Cappetta and all witnesses that testified. Frederick Cappetta, Cappetta & Associates, Ltd., identified himself as the attorney for the objectors of the proposed development and the zoning relief sought by the Institute in Basic Life Principles and Callaghan Builders, also known as the Developer and petitioner in previously submitted documents. During the proceedings he represented the following: • The owners of more than 20% of the frontage immediately adjoining the subject property and 20% of the owners with frontage directly opposite the subject property; there are four owners in that category. ■ Every homeowner whose private property immediately adjoined the 57- acre of property; there are 10 homeowners in that category. ■ Every improved lot owner on 35`x' Street; there are 12 people in that category. E The balance of all occupied homes, with the exception of one in Breakenridge Farm, that has not previously been listed, there were 18 people in that category. ■ Except for three legal non - conforming lots and 6 vacant parcels, every other homeowner located in the R -1 District, which was 16 property owners. ■ Breakenridge Woods Homeowners Association He represented and prepared the documents for these people and for the last 18 months had their interests and views represented in the meetings with the developer and owner as well as before the Plan Commission. After much time and effort, a complex agreement that incorporates a covenant and an easement on the property has been recorded with the DuPage County Recorder. It encumbers the property and resolves many of the issues concerning the adjacent property and the amount of land that will remain open so that there is not a competition between the adjacent horse farm and the subject property. They were concerned that as time went on, if there was not 150 feet of clearance between the current uses on the horse farm would become a nuisance with the development and create a problem with the village. They believe that the 150 feet of clear space would avoid a future potential problem. He said that 3 people he represented from Breakenridge, 35`h Street area and from Adams Road would provide a brief statement from the groups that he represented. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 19 November 7, 2006 Ray Allen, 1017 35th Street, has been a resident for many years and as part of the objectors, no longer objects to the project as presented. Anthony Pasquinelli, 78 Breakenridge Farm, has lived there for about 2 years, said that everyone worked very hard to come to this resolution, which he thinks is a good, reasonable plan as presented and offered his support for it. Mary Ann Kaufman, 3615 Adams Road, has been a resident since 2000, said that she also was against any zoning changes and now supports the proposal as presented at this meeting. Mr. Cappetta said that many changes have been incorporated in the amended plat and on behalf of the objectors, it was their opinion that it is in the best interest of the Village to adopt the plan that has been agreed upon by the parties. He called to their attention the hard work of the Plan Commission and their courageous support of residents and the denial of the developers' initial plan, which formed a foundation for which a settlement of the issues could be structured. He conveyed his personal thanks to the members of the Plan Commission and acknowledged the hard work of the residents group that came to be known as the Preserve Oak Brook, for their significant fundraising activities and their hard work to achieve the settlement submitted. He noted the leadership of Frank Krohn, who without his effort a resolution could not have come about in this matter. The agreement of the parties in addition to limiting the overall development to 30 lots, prohibiting the use of Breakenridge Farm Drive and suggesting support to maintain the rural character of 35th Street, provided a legal restriction achievable only by agreement of the parties and not available by Village approval or action. It is particularly for this reason that he strongly recommended an acceptance of the agreement on behalf of the objectors. They could not have been achieved without the agreement of the developer and owner. They have agreed to it and it is a recorded document and they are satisfied that it is now binding upon the property and shall survive whatever results from the proceedings. Chairman Davis said that he could attest to the hard work that had gone into the agreement, because the hearing had been continued on several occasions for that purpose to see if the parties could reach a settlement. As the Zoning Board of Appeals, the findings will need to be addressed. The fact that the parties have reached a resolution means that the opposition has been withdrawn. No other member of the audience spoke in support of or in opposition to the request as modified. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 19 November 7, 2006 Mr. Morrissey said that on behalf of Brittwood Creek and Daniel Callaghan they also publicly thanked the Plan Commission that their work during 3 hearings contributed to the success that the parties have had in coming to a mutually satisfactory resolution of their differences. On July 26`h, the La Salle Factors were submitted to the Zoning Board of Appeals in writing and addressed them as follows: 1. Character of the neighborhood ■ As they indicated in prior hearings, this is a unique piece of property in Oak Brook. It is 57 acres in area. There is a 50 -foot corridor of Forest Preserve District property on its western boundary line along Route 83 and below its southern boundary line; the Forest Preserve District has title to another 50 acres. Prior to that, they would not have the access issue challenge that is present on this property. The only access to the property is off of 35d' Street. The plan makes maximum utilization of the property. There are 2 -acre lots on the perimeter of the property along 35th Street. Hunter Trails to the north is zoned R -2. The bulk of Fullersburg Woods is zoned R -2. Old Oak Brook to the northeast is zoned R -2 and to the southeast is Birchwood, Pine, Cheval Lane and is also zoned R -2. The majority of the property remains R -1. They are requesting approximately 28.64 acres of the property be rezoned to R -2, They believe that compatibility has been established and meets the needs of the neighbors. They have tried to address by lowering density, the traffic concerns of the neighbors on 35`h Street as well as Adams Road. 2. The extent to which property values are diminished by the particular zoning restrictions. 3. The extent to which the removal of the Existing Limitations Would Depreciate the Value of Other Property in the Area. ■ Since the property came into the village from the county had a default zoning of 2 acres. It has unique topographical features, consisting of Bronswood Creek along the northeast side of the property. There is a forest preserve corridor along Route 83 and all access off of Route 83 had been terminated years ago. The proposal fits in with the neighbors to the east, north and south. Mr. MaRous had filed an addendum on February 15, 2006 that testified to the marketing prices of the lots. In terms of the impact of property values the lots along Route 83 corridor are targeted in the $900,000 plus range; the lots that are slightly less than 2 acres are in the $1.6 million range and the 2 acre lots are in the $2 million VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 19 November 7, 2006 range. They do not believe it will diminish the value of other property and think the development will be a keystone subdivision for the Oak Brook community. 4. The Extent to Which the Proposal Promotes the Health, Safety, Morals or General Welfare of the Public. One of the prime goals of the Comprehensive Plan is to remove uncertainty in future development of the property. The revised plan presented, which includes the good faith input of many of the neighbors of this project, has indisputable removed uncertainty from future land use. It also keeps the property the moral equivalent of an R -1 development. It recognizes the uniqueness of Route 83 and the 70,000 vehicles per day that travel it. The plan will promote the general welfare and will not impose a burden upon municipal services. A secondary emergency access is provided onto 35" Street and almost at the western terminus of the road. Through dialogue with Mr. Cappetta and his clients, some common ground has been achieved with respect to the character of 35t" Street. 5. The suitability of the Property for Zoned Purposes ■ There are many uses that could be applied for on this property, including permitted special uses within the R -1 and R -2 district. The proposed plan removes any of those uncertainties, including any future owner that would come in to apply for it. The proposal is for the general welfare in terms of traffic control and single - family detached residential lots with private streets. The property is compatible with the neighbors in Breakenridge Farm, which abut all 2 -acre lots. They have agreed that there will not be access onto the private road in Breakenridge Farm from within the subject property, which has been secured by a covenant. The property is suitable given the topography. 6. The Length of Time Under the ]Existing Zoning that the property has remained unimproved considered in the context of land development. ■ In 1966, this property came into the village as 2 -acre parcels. Fullersburg Woods is a combination of R -1, R -2 and R -3, with the majority within the R -2 category. To the south of the property is R- 2 zoning. Hunter Trails to the north is zoned R -2. Old Oak Brook is also zoned R -2. There was another applicant for a different use of this property, which was a much higher use, related to Institutional considerations, and related housing. The developer VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 6 of 19 November 7, 2006 made a conscious decision to develop the property as residential and not of a higher density, such as townhomes, etc. 7. Existing Uses and Zoning of Nearby Properties. ■ Across Route 83 (in Westmont) is a commercial development with office buildings and retail establishments; to the north is residential with R -2 and R -3. Hunter Trails to the north is R -2. Old Oak Brook is R -2, Breakenridge Farm Subdivision is R -1, and Fullersburg Woods is a combination of R -1, R -2 and R -3, with the majority within the R -2 category. 8. The Relative Gain to the Public as Compared to the Hardship Imposed on the Individual Property Owner. When the application was first presented, there was a petition with over 1100 signatures in opposition. The fact that Mr. Callaghan found common ground and was able to resolve those differences that they now find the plan suitable and compatible with their neighborhood, speaks to the fact that there is gain to the public and there are not burdens in terms of police or fire services 9. The Relationship of the Proposed Use to the Comprehensive Plan. They believe the plan is in spirit and in fact compatible with the comprehensive plan. It removes the uncertainty and creates what they hope to be a keystone subdivision in the community. It will respect nature, wildlife and the plant material that exists there. The Comprehensive Plan has indicated that this property would be suitable for this type of development. The Comprehensive Plan suggests that the 34 acres on the east side of Route 83 at Kensington and 3orie would be appropriate for an R -4 development. They have not applied for that type of use. 10. Community Need for the Use Proposed by the Property Owners. ■ The proposed use fits well with a need in the community. Mr. Morrissey noted that the written factors are contained in the case file. Member Nimry questioned Mr. Cappetta and referenced page 75.b of the case file. One of the statements made by him was, "...The latest filing suggests primarily that they are seeking 35 lots, although the structure of the request would permit a later increase to 44 lots without a variance." He questioned if the same issue exists now. Mr. Cappetta responded that could not happen with the new agreement because a covenant was recorded against the land. The land is restricted to the uses that have been presented at this meeting and will never VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 7 of 19 November 7, 2006 be developed for more than 30 residential lots. It was done by covenant and an agreement that runs with the land. It cannot be changed except by the agreement of all of the parties. Chairman Davis said that it appears the required factors to recommend approval of the zoning map amendment as modified and presented at this hearing has been addressed sufficiently by Mr. Morrissey and Mr. Cappetta. Motion by Member Young, seconded by Member Nimry that the applicant has addressed and satisfied the required factors to recommend approval of a map amendment as revised, subject to the recorded covenants and conditions that it will be developed in substantial conformance with the revised plans submitted. ROLL CALL VOTE: Ayes: 6 — Members Ascher, Bulin, Krietsch, Nimry, Young and Chairman Davis Nays: 0 — None. Absent: 1 — Member Shah. Motion Carried. 5. NEW BUSINESS NEW BUSINESS A. ZATOR -- 515 WOOD ROAD — VARIATION — TO ALLOW THE LA'IOR - 515 WOOD ROAD - VARIATION CONSTRUCTION OF A NEW DRIVEWAY - NEW DRIVEWAY Chairman Davis swore in all parties that would testify. Mark Placek, one of the property owners of 515 Wood, said that they are petitioning for a variance due to the unique circumstances of the property. When the design of the new home on this property began, they had planned to have a semi - circular front drive with an entrance at either end. The garages, located at a lower level on the east of the house, were going to be serviced by a drive which branched off of the upper circular driveway. They had started the construction last December and towards early sununer, they started to layout the driveway and at that point discovered that 3 trees were right in the middle of the planned driveway. It was determined that they would like to save the trees and discussed the possibility of changing the driveway. They reviewed several different plans with the village. When they finished the process it was determined that the desired construction of the second driveway would require approval of a variation. The second reason for the requested variation was that the proposed slope on the driveway leading to the garages would be very close to the 14 percent slope VILLAGE OF OAK BROOK. Zoning Board of Appeals Minutes Page 8 of 19 November 7, 2006 allowable by the Village. A slope this steep is not preferred as it would be difficult to drive up and down the driveway in wet or icy conditions. In the proposed plan, the slope is 2.5 percent. There is an 8 -foot drop from the semi - circular drive to the proposed driveway. If it were taken from the original proposed driveway, there is a 13.8 percent slope. Considering the trees and the slope, they believed it would provide a better and safer access into the property. Member Bulin questioned a plan in the case file that had been stamped with a permit number, which did not appear to disturb the trees. Mr. Placek responded that the plan was not the original plan, it was one that was looked at during the process, but it did not address the slope issue. Mr. Placek said that with a front property line that is 168.23 feet in length; Section 13- 12 -3E.4 prevents the addition of a third driveway entrance due to the fact that the driveway entrances to the east would be too close to one another. They are petitioning for relief to reduce the minimum spacing between the driveway entrances from 40 percent of the total lot width, which would be 67 feet to approximately 19.6 percent of the total lot width, which would be approximately 33 feet. The spacing between the two semi - circular driveway entrances is approximately 57 percent of the lot width, or approximately 96 feet. He reviewed the pictures showing the grade variations and the trees. They are seeking relief to relief to reduce the minimum driveway spacing as outlined in Section 13- 12 -3E.4 of the zoning regulations in an effort to save the existing trees and prevent a steep and potentially dangerous driveway condition from being created. The granting of the variation would have minor, if any impact on property values, and they appreciated the consideration given to the request. The variation standards were provided in writing in the case file and addressed by Mark Placek as follows: 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 addition of a third driveway entrance is not critical to the value of the home, although the convenience and enhancements to the property will add some value. 1. b. The plight of the owner is due to unique circumstances. RESPONSE: The plight is due to unique circumstances due to the VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 9 of 19 November 7, 2006 W �� � owner's intention to save three existing trees and prevent the installation of a driveway that is too steep, so the third driveway is requested. When installed against the east property line, the driveway would allow access to the basement level garages without creating a drive with a gradient almost equal to the maximum allowable of 14 percent. 1. c. The variation, if granted, will not alter the essential character of the locality. RESPONSE: The variation, if granted will enhance the approach to the residence by maintaining the buffer of trees between the street and the house. No negative impacts to the character of the locality are anticipated. They also believe that it would be an enhancement to the street by not removing the trees. 2. a. The particular physical surroundings, shape, or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out. RESPONSE: The hardship is due to the fact that if the driveways were to meet the ordinance, three mature trees would need to be removed. Additionally, the driveway leading to the garages would be steep enough to create a potentially hazardous condition during wet or icy conditions. 2. b.The condition upon which the petition for variation is based would not be applicable generally to the other property within the same zoning classification. RESPONSE: The exact condition would not be applicable generally to the other lots in the subdivision. 2. c. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. RESPONSE: If the variation is granted, vehicle access would be improved and there would not be any detriment to the public welfare. 2. d.The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. RESPONSE: The variation, if granted would not alter the current supply VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 10 of 19 November 7, 2006 of light and air to adjacent properties. There are not increased dangers or negative impacts to the property values in the neighborhood. 2. e. That the purpose of the variation is not based exclusively upon a desire to make more money out of the property. RESPONSE: The variation is requested for practicality and convenience as well as a desire to save existing trees It would have no negligible impact on property values. 2. f That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. RESPONSE: The hardship is due to existing conditions and has not been created by any person having an interest in the property. Mr. Placek said that they have also received letters of support from some of the adjacent neighbors and submitted them to be included in the record. Chairman Davis questioned the history and reason for the condition in the Zoning Ordinance. Village Engineer Durfey responded that it is a very old condition; he had no idea why it was in the ordinance and stated that it predates him by many years. Director of Community Development Kallien said that one thing that may be considered is that over the next several years the Zoning Ordinance may need to be updated and reviewed comprehensively, while the Village is involved in the revitalization process. This is one of the sections that should be reviewed and possibly be eliminated or modified because there will be another similar request at the next meeting. When these issues start to reoccur you might begin to question why it is in the ordinance. Doug Swanson, 509 Wood Road, the next -door neighbor was sworn in by Chainnan Davis. He said that applicant's parents live across the street so there is a vested interest and the letters of support have some value because the applicant lived there as a little boy and he bought the home from the original owners. Mr. Placek responded that was not a correct statement, but rather applied to a partner. Mr. Swanson said that his principal issue arises from the adverse effects that the additional driveway would have upon existing stormwater runoff patterns. The VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 11 of 19 November 7, 2006 granting of the variance would result in a greater amount of impervious surfaces and the concentrated flows towards his property. The increase of overflow has overwhelmed the existing swale system on his property and has limited the use of his property. The neighbor downstream to the east from his property is now receiving the additional water runoff, which has turned into difficulties for him. The village has no water management system for the street. It is just a 3 foot wide by 2 inch deep rut that runs along the street then turns flush upon the pavement east of his driveway, then runs south about 25 -feet and heads due east to the Edmonds home and eventually ending on Washington Street. The builder has brought in about 3,000 yards of rock, dirt and cement. All the water from the old house previously ran due south. The new house sits approximately 30 feet taller than the old house and that has changed the water runoff forever. The village engineering team has miscalculated the amount of water runoff and where goes, He is in the middle of litigation with a lawsuit with the Village of Oak Brook and the Edmonds over these issues, with a meeting planned on November 13, 2006. The village has an obligation to correct and maintain the water management system in the parkway; and to correct the problem for all parties involved. This has been going on for over 35 years with no action taken by the village. The volume of water that runs along the south edge portion of Wood Road would further degrade the existing marginal drainage system. The grading required for the installation of the driveway would result in more stormwater from the pavement to be redirected towards his property. The village needs to take a better look at the requested variance and the effect it would have on the neighborhood. He said that he appreciated the boards' consideration on all the negative impacts this request for the third driveway apron would have on the adjacent properties and the owners downstream when making a decision. Mr. Swanson said that there is a 20 -foot variance from the northwest corner of his lot to the opposite southeast corner. The lots in this area are really on an angle and there is no water management. He said that he gets the water from all the uphill houses and the water ends up across his property over to the Edmond's property and he is being sued over it; for degrading everyone's property. Chairman Davis questioned how the proposed change in the configuration of the driveway would have any effect upon the situation. Mr. Swanson responded that much more water that will be tapered to the east instead of heading south. Chairman Davis questioned the nature of the lawsuit with the Village. VILLAGE OF OAK BROOK. Zoning Board of Appeals Minutes Page 12 of 19 November 7, 2006 Mr. Swanson responded that he is being sued by the Village because he removed too much debris, trees and landscaping that has caused erosion and modified the water runoff. They claimed when he cleaned his yard that had not been maintained for 40+ years by Hank Porterfield, that he instantaneously changed the water drainage. He said that he did not change the topography; all he did was remove the dead trees and buckthorn. The Edmonds, whose house is even farther down (5 feet below the lot) are getting all the water. It got worse after the new house was built that totally changed the topography of the yard, which no longer pitches to the south. It is resolvable if the village's engineering department would come out and did something with the water management. The village never allowed Mr. Porterfield to add a second swale by the driveway. The subject property owner was putting in cuts last weekend and asked him if he could put a swale in front of his property and 509 Wood and because of the litigation involved in the lawsuit he told him no. A culvert should be put under the driveways of both properties to the stormwater management system. He moved into the house to raise his family, cleaned his yard up and now he is being held responsible for the water movement. He said that he did not do anything; it is all due to upper water movement. Chairman Davis asked for comments from both the petitioner and Mr. Durfey. Mr. Placek responded that he and Pat Kinsella had met with Phil Laures, one of the village engineers, regarding the street to find out what the village wanted them to do. He was in the process of doing that when he got in touch with Mr. Swanson in an attempt to improve the situation. He did not disagree that the water management along the road is not very good; however, they have not impacted that situation. They have well documented where they started; from the initial topography to the current topography that was just done to show the existing grades. They never changed the topography along the perimeter of the property. They have a letter from the surveyor showing the topography on the property, which shows the water management on the property. They have worked with the village to create that as well. Last week, the village was called out to the site just to verify the conditions around it. The house is higher, but the bottom grade on the walkout is one foot different from what the previous house was, which at that point was buried in a hill. Chairman Davis said that Mr. Swanson claims that this driveway requests exacerbates the situation. Mr. Placek said that all of their water runs down the property and behind the house. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 13 of 19 November 7, 2006 Member Nimry said that he looked at the approved design and the new design and it appears that between 50 x 15 feet driveway is being added. He asked Village Engineer Durfey how much impact that additional driveway would have on drainage. Village Engineer Durfey responded minimal, and that it might not be calculable. Mr. Kinsella said that when he was with Phil from the engineering department regarding how the street should be repaired, they were instructed to remove a curb that was a timber wail with an asphalt curb on the east side of the property. Any water that came to the top of the street would deflect off that asphalt curb and continue down the street with the intent that it would get to the drainage ditch from the road. The new driveway never pitches to the east, at all points it pitches to the south so that the natural water runoff will head in that direction. During a heavy rainstorm if some water pitches off of it, the natural swale will pitch it to the south as well. Member Nimry questioned if a drain tile would solve the problem or reduce it if it were put all the way to the back yard. Village Engineer Durfey responded that a swale accomplishes it better than a drain tile would. Member Ascher conflnned that when they remove the timber wall with the asphalt it would drain down south, not east and may make the present situation better than it is. Mr. Kinsella responded that it would improve the current situation. The timber wall does not extend beyond the driveway cut, but originally it did. A section was not taken out. The village wants them to take it out all the way back to the driveway of the neighbor to the west, which would complete the channeling effect to the swale between the properties that exists. Chairman Davis asked if the changes and the saw cuts would improve the drainage. Village Engineer Durfey said that looking at the old and the new building plans it is possible that the impervious area on the new plan might be less than the old impervious area, because the new building footprint is smaller than the old one or at least very close. There is a significant natural drainage pattern from north VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 14 of 19 November 7, 2006 RoMpap" to south. The street at this point is fairly level and goes a little down as it goes east, but it goes down much more as it goes south, so you want to direct the drainage to the south rather than along the road, which is where the natural topography would want to take it. The site plan did call for a swale to be built along this lots east line iui order to direct the water from the north down to the back to the south. Under this plan, it appears that the neighbor to the east is getting less water than with the old house. Member Ascher questioned if the village was suing Mr. Swanson. Director of Community Development Kallien said that he could not get into the particulars, but that there is an issue, which is in ongoing litigation. Member Bulin asked what lots are being affected by runoff from Mr. Swanson's property. Director of Community Development Kallien responded that the Edmond's property to the east of 509 Wood, which fronts on Washington. There is a dramatic slope between the parties as it goes from west to east. Member Bulin questioned if the properties located to the south on Glendale were impacted. Director of Community Development Kallien responded that there was a significant drop off, but the issues they are having do not involve them. Mr. Swanson said that the driveway that was put in is two inches above the top of the street, so the water is running east down the street. If the new driveway is built the same way, it will lip over and run down his driveway and eventually onto the Edmond's and should not be allowed to be installed until culverts are added. Surface mount is not fair to the neighbors and the water is pushed off onto his property. A swale cannot handle it if the water cannot get to it. Village Engineer Durfey said that the Wood Road right-of-way is a half of street, between 33 and 40 feet wide and the road is between 18 -20 feet wide. Drainage has been a concern on the road for many years. Part of the problem is without enough right -of -way, there is not much that can be done on public property because there is not much public property in which something could be done. The existing topography of the land flows south or southeast. To make it artificially go east, there is some problems in doing that, which is putting more water at the bottom. If you go due east where it does not go currently that would probably create some problems at that location. Wood VILLAGE OF OAK. BROOK Zoning Board of Appeals Minutes Page 15 of 19 November 7, 2006 Road has had difficulties for various reasons, such as those. Chairman Davis questioned if the request were approved should a conditions be imposed such as making the driveway the same elevation as the street to alleviate some of the concerns. Village Engineer Durfey responded that perhaps the new driveway could slope down from Wood Road and accept the drainage north to south including the swale on the side of the lot line. Member Bulin asked if a grading plan should be included for the proposed driveway. Mr. Placek said that they followed the rules with which the Village requested in terms of topography by taking the existing conditions and providing an engineered plan for those existing conditions. In every step of the process, they have done that. Village Engineer Durfey said that a condition that could be incorporated would be to slope the new driveway so that drainage would flow southerly from the Wood Road pavement down the driveway to the Swale to the rear. Chairman Davis questioned if the condition would be acceptable to the applicants. Mr. Kinsella responded that it currently does on all of the proposed driveway configurations. Even the plan that was approved by the village, but was not entered in for formal approval because of the variance request. Village Engineer Durfey said that if that is accomplished it should not present a problem to be a condition. Chairman Davis asked Mr. Swanson if that addressed his concerns. Mr. Swanson responded that it did not because he is still getting water from the other two driveways. Member 'Young questioned if there was something that could be done by the applicant to help alleviate some of the runoff in some other fashion and would take both parties to come to terms. Mr. Swanson responded that had been happy to do that from the beginning, but now the Village has sued him and if he wants to put swales between both the VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 16 of 19 November 7, 2006 driveways that would be great to bring the water down to where it belongs. He asked that the Village engineering department come out to his property and do an actual engineering study on the situation. Chairman Davis said that the issue is to shorten the distance between the two drives approximately from the allowed 67 feet to 33 feet and questioned if that would in any way contribute to the issue raised by Mr. Swanson. Village Engineer Durfey responded that it does not exacerbate the problem. Mr. Placek submitted a copy of the survey and letter from their surveyor. He noted that everything that they have done on the grading has been through Mr. Durfey's office for proper drainage on their property and the adjacent areas as well. Chairman Davis said that the new driveway would be sloped so that the drainage would flow south. Mr. Placek said that they could accommodate to add a curb along a portion of the side of the driveway to help direct to water toward the south to address the situation, if it would be helpful. Member Bulin noted that the new driveway does clearly drain to the south along with the swale on the east edge of the property The existing driveway does drain to the street more or less. The bulk of the runoff is coming from the north and the west. Mr. Swanson questioned that his interpretation was that they were going to now direct all the water runoff to the curb and then into a swale between their two properties, direct it south and then east to Washington. Member Bulin said that would not necessarily pick up everything along the street edge. The applicant's responsibility is only his property anyway. Member Nimry said that the water has nothing to do with the driveway If the water runoff is coming from the north side from the other houses Mr. Swanson said that the driveway is two inches higher than the rest of the street. Member Nimry said that the two inches creates minimal impact. The circular driveway flow onto the street is going to be minimal and the request from Mr. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 17 of 19 November 7, 2006 -,-a Swanson is to have the applicant take all the water from the west side onto their property. Member Chairman noted that the issue relates only to the new driveway and the petitioners are willing to subject themselves some conditions that according to the Village Engineer might help alleviate the problem being envisioned. Mr. Swanson said that he respects that but would ask for more time, additional research and engineering to be done before the applicant is given a way pattern. Chairman Davis said that the variation and the plans have to be approved by the Village Board, which does not occur overnight. Mr. Kinsella noted the removal of the natural curb that has been there for many years would take a good portion of the runoff from the upper street and water will filtrate through the landscape areas. From what they have been told by their civil engineer, a curb is not necessary, because the swale will pick up anything along the drive. They are willing to put in a curb to act as a belt and suspenders approach, in case some additional water in a heavy rain would get down to that point. The arrows on the plan indicate the water flow and how it would be on the final plan as well. Mr. Swanson said it is only a Band -Aid situation because there are no culverts. It is not going to solve the problem. Member Bulzn said that based upon the proposed grading plan for the new driveway, it should alleviate some of the water problem. He did not think the curb was necessary, but it may be a good faith thing to do. Chairman Davis said that it appears the required standards to recommend approval of a variation have been addressed at this hearing and in writing on page C of the case file. The petitioner's have been willing to accept the conditions that the driveway be sloped in such a way so that the drainage flows south. The petitioner's should have further discussion with the village to see if curbing would further alleviate the situation. Motion by Member I(rietsch, seconded by Member Young that the applicant has addressed and satisfied the required standards to recommend approval of the variation to Section 13- 12 -3.E.4 as requested subject to the following conditions: A. The development shall be in substantial conformance with the proposed plan on page H of the case file. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 18 of 19 November 7, 2006 ice& 7 6. B. The development shall be in substantial conformance with the grading plan. C. The driveway be sloped in such a way so that the drainage flows south. D. The petitioner's should have further discussion with the village to see if curbing would further alleviate the situation. ROLL CALL VOTE: Ayes: 6 — Members Ascher, Bulin, Krietsch, Nimry, Young and Chairman Davis Nays: 0 -- None. Absent: 1 -- Member Shah. Motion Carried. OTHER BUSINESS There was no other business to discuss. ADJOURNMENT: Motion by Member Young, seconded by Member Nimry to adjourn the meeting at 9:03 p.m. VOICE VOTE: Motion carried. ATTEST: Robert Kallien, irecto Community Development Secretary VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 19 of 19 November 7, 2006 1 � O'T'HER BUSINESS ADJOURNMENT