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S-1119 - 05/10/2005 - VARIATION - Ordinances Supporting Documents/1 ORDINANCE 2005- ZO -V -S -1119 AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF SECTIONS 13 -3 -5 AND 13- 6B -3F(3) OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO FRONT AND REAR YARD SETBACK REQUIREMENTS (3305 South York Road, Oak Brook, Illinois 60523, P I N 06 -36- 202 -001 ) WHEREAS, an application has been filed requesting variations from the provisions of Sections 13 -3 -5 (Setbacks Along Streets) and 13- 6B -3F(3) (Lot Area Requirements /Yards /Rear) of Title 13 (Zoning Regulations) of the Village Code The Petitioner is requesting a variation from the requirement of a one hundred foot (100') front yard setback along York Road in Section 13 -3 -5 to an approximately ninety -four point forty -five foot (94 45') front yard setback and a variation from the requirement of a sixty foot (60') rear yard setback in Section 13- 6B -3F(3) to an approximately fifty foot (50') rear yard setback in order to construct a new single - family home on the property commonly known as 3305 South York Road, 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 April 5, 2005 pursuant to due and appropriate legal notice, and WHEREAS, the said Zoning Board of Appeals made explicit findings of fact that the variations requested conform to the standards set forth in Sections 13 -3 -5 and 13- 6B -3F(3) 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 -3 -5 of the Village Code of the Village of Oak Brook to permit construction of a new single - family home and allow a front yard setback of approximately ninety -four point forty -five feet (94 45') along York Road Section 3 That a variation is hereby granted from the provisions of Section 13- 6B -3F(3) of the Village Code of the Village of Oak Brook to permit construction of a new single - family home and allow a rear yard setback of approximately fifty feet (50') Section 4 That construction is to be in substantial conformance with the site plans labeled J, K and L of the case file Section 5 That this Ordinance is limited and restricted to the property known as 3305 York Road, Oak Brook, Illinois, which property is legally described as follows That part of the Southwest Quarter of the Northeast Quarter of Section 36, Township 39 North, Range 11 East of the Third Principal Meridian, described by commencing at the center of said Ordinance 2005- ZO -V -S -1119 Granting Variation from Front and Rear Setbacks (Bohne) (3305 York Road, 06 -36- 202 -001) Page 2 of 2 Section 36 and running thence North along the Quarter Section Line, being also the West Line of said Southwest Quarter of the Northeast Quarter of said Section 36, 1324 5 feet to the Division Line, being also the North Line of said Southwest Quarter of the Northeast Quarter of Section 36 for a place of beginning, thence East along said Division Line, 233 feet, thence South parallel with said Quarter Section Line, 191 25 feet, thence West parallel with said Division Line, 233 feet to said Quarter Section line, thence North along said Quarter Section line, 191 25 feet to the place of beginning, in DuPage County, Illinois Permanent Parcel Number 06 -36- 202 -001 Section 6 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict Section 7 This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law APPROVED THIS 10th day of May, 2005 Kev Quinlan Vi ge President PASSED THIS 10th day of May, 2005 Ayes Trustees Aktipis, Cram,, Kennedy, Manofsky, Sanford and Yusuf Nays None Absent Nnr►a F t ,,� �,,,�'�•'� �. � Vii,} '0 �8 j ATTEST Linda K Gonnella, CMC Village Clerk SUBJECT: Bohne Variation Item 6.J. AGENDA ITEM Regular Board of Trustees Meeting of May 10, 2005 FROM: Kenneth T. Kubiesa, Village Attorney BUDGET SOURCE /BUDGET IMPACT: None RECOMMENDED MOTION: I move to pass Ordinance 2005- ZO -V -S -1119 "An Ordinance Granting Variations From The Provisions Of Section 13 -3 -5 and 13- 6B -3F(3) of Title 13 (Zoning Regulations) Of The Village Code Of The Village Of Oak Brook Relative To Front and Rear Yard Setback Requirements ". Background/History: This ordinance grants variations to Berkshire J. Bohne for front and rear yard setbacks at the property located at 3305 South York Road. These variations are requested in order to allow the construction of a new single - family home on the property. Recommendation: I recommend that this ordinance be passed. Last saved by Default J \ALL DOMBOARD MEMOS\Bohne doc rZ6 Last printed 5/6/2005 11 30 AM BOHNE 3305 York Road Variation to Front and Rear Yard Setbacks INDEX PAGE CONTENTS 13 Memorandum from Director of Community Development Kallien - April 26, 2005 Agenda 12 Recommendation Letter from Zoning Board of Appeals Chairman dated April 20, 2005 11-11.d Zoning Board of Appeals Meeting Minutes dated April 5, 2005 10-10.a Staff Report from Director of Community Development Kallien to Zoning Board of Appeals dated March 28, 2005 9-9.a Revised Resident Letter dated February 25, 2005 and Location Map Identifying Properties th Were Sent the Revised Resident Letter and Cancellation Notice February 25, 2005 8 Amended Surrounding Property Owners List 7 March 1, 2005 Zoning Board of Appeals Notice of Canceled Meeting 6 Certificate of Publication dated February 9, 2005 (Not Included) 5 Resident Letter dated February 9, 2005 4 Board of Trustees Referral Meeting Minutes dated February 8, 2005 3 Referral Memo to Board of Trustees from Director of Community Development 2 Setbacks Along Streets, Zoning Ordinance, Section 13-14-6 1-1.a Rear Yard Setback— R-2 Zoning District—Zoning Ordinance Section 13-6B-3F-3. ******************* A Application/Petition -Variation B Surrounding Property Owners List C Fee/Receipt D Letter of Explanation E-E.2 Applicant's Response to Standards for Variation F Photographs of Existing House G Letters Sent to Neighbors re: Variation Request dated January 21, 2005 H Letters of Approval from Neighbors I Subject Property Verification J Site Plan Depicting Area of Encroachment (Included — Not Attached) K Site Plan (Included — Not Attached) L Architectural Plans with Elevations from Steven Anu &Associates (Included — Not Attached) M Plat of Survey (Key Files Only— Not Included) PGA Of 04K�9 ` 00 co G v cF COUNt1,`�' AGENDA ITEM Regular Board of Trustees Meeting of April 26, 2005 SUBJECT: Bohne — 3305 York Road — Variation to Section 13-3-5 Front Yard Setback and Section 13-6B-3F.3 Rear Yard Setback FROM: Robert L. Kallien, Jr., AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to concur with the recommendation of the Zoning Board of Appeals and approve the requested variations to Sections 13-3-5 and 13-6B-3F.3 of the Zoning Ordinance and authorize the Village Attorney to draft the necessary ordinance for final consideration at the May 10, 2005 Board of Trustees meeting. Background/History: At its meeting on April 5, 2005, the Zoning Board of Appeals reviewed a petition from Mr. Berkshire J. Bohne, the owner of the property at 3305 York Road, seeking approval of a variation to Section 13-3-5 and 13-6B-3F.3 in order to construct a new home on the property. The existing home on the property was constructed in 1925 and is presently located 94.45 feet from the centerline of York Road. The extent of the relief being requested is approximately 6.45 feet along York Road(required front yard) and approximately 10 feet along the east property line (required rear yard). Recommendation: By a vote of 4 to 0, the Zoning Board of Appeals found that the petitioner met the required standards to recommend approval of the variation request subject to the following condition: 1. To reduce the front yard setback from 100 feet to approximately 94.45 feet and to reduce the rear yard setback from 60 feet to approximately 50 feet and to be constructed in substantial conformance with pages J, K and L of the case file. Last saved by RKallien J:\1-FROM BOB\Bot-PC-ZBA\BOT-Rec-3305YorkRoad-Bohne-VAR.doc 43. Last printed 4/21/2005 6:37 PM � 9 °o a x e � c o 2 9cFC0UNTI ' Ap ril 20 2005 Village of Oak Brook Village President Quinlan and Board of Trustees Village of Oak Brook 1200 Oak Brook Road 1200 Oak Brook Road Oak Brook,IL 60523-2255 Website Oak Brook, IL 60523 www.oak-brook.org Administration SUBJECT: Bohne — 3305 York Road — Variation to Zoning Ordinance Sections 630.990.3000 13-3-5 and 13-6B-3F.3. FAX 630.990.0876 Community Dear President Quinlan and Board of Trustees: Development 630.990.3045 At its meeting on April 5, 2005, the Zoning Board of Appeals reviewed a petition from FAX 630.990.3985 Mr. Berkshire J. Bohne, the owner of the property at 3305 York Road, seeking approval of a variation to Section 13-3-5 and 13-6B-3F.3 to permit a front and rear-yard setback Engineering that is less than what is required along York Road and in the R-2 District. Department q g 630.990.3010 FAX 630.990.3985 The applicant is proposing to construct a new home on the property. The small existing Fire Department home on the property was constructed in 1925 and is presently located 94.45 feet from 630.990.3040 the centerline of York Road. The extent of the relief being requested is approximately FAX 630.990.2392 6.45 feet along York Road (required front yard) and approximately 10 feet along the east property line (required rear yard). Police Department 630.990.2358 FAX 630.990.7484 All interested parties were notified of the public hearing. No one spoke in support or in opposition to the proposed text amendment. However, the case file contained signatures Public works from several of the immediate neighbors approving the proposed plan and the applicant Department 630.990.3044 me an testified that he t d reviewed the plans with those neighbors. FAX 630.472.0223 By a vote of 4 to 0, the Zoning Board of Appeals found that the situation was unique by Oak Brook reason of the existing restrictions on the property and outdated character of the home Public Library relative to the redevelopment of the surrounding area that the petitioner met the required standards to recommend approval of the variation as requested subject to the following 600 Oak Brook Road condition: Oak Brook,IL 60523-2200 630.990.2222 1. To reduce the front yard setback from 100 feet to approximately 94.45 feet and to FAX 630.990.4509 reduce the rear yard setback from 60 feet to approximately 50 feet in substantial Oak Brook Sports Core conformance with pages J, K and L of the case file. Bath&Tennis Club Very truly yours, 700 Oak Brook Road Oak Brook,IL 60523-4600 630.990.3020 FAX 630.990.1002 042it�_ Champ avis Golf club Chairman, Zoning Board of Appeals 2606 York Road Oak Brook,IL 60523-4602 630.990.3032 FAX 630.990.0245 �a. • MINUTES OF THE APRIL 5, 2005 REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON MAY 3, 2005. 1. 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 7:34 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairman Champ Davis, Members George Mueller, Manu Shah and Steven Young. ABSENT: Member Richard Ascher and Robert Sanford IN ATTENDANCE: Director of Community Development,Robert Kallien, Jr. 3. APPROVAL OF MINUTES: MINUTES REGULAR ZONING BOARD OF APPEALS MEETING OF FEBRUARY 1, 2005 SPECIAL ZONING BOARD OF APPEALS MEETING OF FEBRUARY 15 2005 Motion by Member Mueller, seconded by Member Young, to approve the minutes of the February 1, 2005 Regular Zoning Board of Appeals meeting and the February 15, 2005 Special Zoning Board of Appeals meeting as written. VOICE VOTE: Motion carried. 4. UNFINISHED BUSINESS: UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS NEW BUSINESS 5 S BOHNE—3305 YORK ROAD—TITLE 13 OF THE VILLAGE CODE— BOHNE-3305 YORK ROAD-VARIATION ZONING ORDINANCE—VARIATION-SECTION 13-3-5 and -SECTION I3-3-5 and SECTION 13-6B-3F.3 — TO ALLOW AN ENCROACHMENT IN THE SECTION 13-6B-3F.3- TO ALLOW AN REQUIRED FRONT AND REAR YARD SETBACKS IN ORDER TO ENCROACHMENT IN CONSTRUCT A SINGLE-FAMILY HOME FRONT AN RAR YARD SETBACKS Chairman Davis swore in Berkshire Bohne, the petitioner and owner of the property at 3305 York Road, Steven Amu, Architect, and Robert Petrasek, VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1 of 7 April 5, 2005 A Project Manager. Mr. Bohne reviewed the request. He purchased the property approximately 2 '/2 years ago and at that time started working with his architect. The house on the property was built in 1925 and at the time of purchase did not know that it was a nonconforming structure. He is seeking a variation to maintain the current nonconforming setback in the front yard and reduce the rear yard setback from 60 feet to 50 feet. Just before the plans were completed it was discovered that there was a special setback. Once the setback was discovered, they reduced the house approximately 13 feet in an attempt to conform to the setback requirements. However, it was his architect's opinion as well as his builder that any further changes would eliminate the drawing they had been working on for about two years. They sent letters to all the surrounding neighbors and personally met with four of them. They went through the proposed drawings with each of those neighbors and there are copies of the letters in the file (on page H of the case file) indicating that they have no objections. 3309 is the property directly south; 409 Canterberry is directly east and 416 Canterberry is across the street. Chairman Davis clarified that the request is to maintain the current nonconforming setback. He asked what the width of the variation would be. Mr. Petrasek responded that it would be approximately 30'6" feet. Chairman Davis noted that the. neighbor to the east had some landscaping between the properties and asked if that supported his petition. Mr. Bohne responded that there was one issue that the neighbor had regarding a drainage concern. However, the concern was with the current state of the house which was built in 1925 and has no existing drainage in the yard. He said the neighbor was excited about working with him regarding providing drainage. They have been working with the neighbors and believe they are very satisfied, to his knowledge,with what they have proposed. Chairman Davis asked that the standards be addressed. He noted that they were addressed in writing in the case file. Steven Amu,the architect addressed the factors as follows: (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 existing structure was constructed in 1925 and is out of character with the neighborhood and the type of house prevalent in Oak Brook VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 7 April 5, 2005 today. The proposed structure is more in keeping with that. The petitioner came upon the realization that the ordinance restricted him from building late in the game. 1(b) The plight of the owner is due to Unique circumstances. Response: The lot's location on York Road is unique because it is the one Street mentioned in section 13-3-5 for a larger setback than would otherwise be permissible. The house (circa 1925) was constructed at a time when the prevalent type of house, now in Oak Brook,was not even a distant dream.. 1(c) The variation, if granted, will not alter the essential character of the locality. Response: The proposed structure will maintain the current structure's front set back exactly as it is and will be more akin to the typical Oak Brook residence than what exists there. The proposed structure will tend to add value to the Village and the adjacent properties. 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 it the strict letter of the regulations were to be carried out. Response: The shape and location of the existing house, which the petitioner purchased in 2003, has caused the petitioner to rethink the manner of living. It is on a major street; York Road is a highly traveled street. The proposed structure would create some privacy without a less natural buffer, like a screen with a fence as permissible by the Code. His idea and instruction to the architect was to preserve the natural beauty and flow of the property. 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 hardship on this particular lot is further compounded by the fact that it is a corner lot, on York Road, and has a smaller buildable area than would be typical for a typical R-2 lot. The petitioner feels that this is a unique circumstance to this lot. 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: The variation, if granted, will in no way be injurious to any VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 7 April 5, 2005 neighbor. In fact, the variation will, if granted, help to create a new structure that will become .a standard in keeping with other admirable Oak Brook residences. 2(d) The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase danger of fire, or otherwise endanger the public safety or substantially diminish or impair the property values within the neighborhood. Response: Inherent in the design of the new home is a lower pitch roof than most new Oak Brook residences specifically to minimize the impact of absence of light to the neighboring homes and the trees on the property. The new structure will also serve as a good comparable for increasing the value of the houses nearby. 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 petitioner purchased the home for personal use out of a love for the Village and intends, for the foreseeable future, to occupy the proposed residence as his primary residence. The desire to build this project as proposed is born from a long period of searching for the best way to improve the property for the private enjoyment of its current owner. 2(f) That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. Response: The current owner (the petitioner) purchased the property in 2003 and has not altered it in any way since then. The petitioner having lived in the neighborhood has sought this project as his idea of he highest and best use of the property. Member Young asked if any substantial lighting was planned that would shine upon the neighbor's yards. Mr. Bohne responded that it would not. Part of the design of the house was to provide privacy in the backyard without a berm. Member Young said that since the home was built in 1925, there would probably be lead paint in the home? Are they making provisions to take care of that at the time of demolition? Mr. Bohne responded that they are looking into all those things. Chairman Davis asked the petitioner to expand on the uniqueness of this property. Mr. Amu said that they looked at the surrounding properties. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 7 April 5, 2005 Mr. Kallien said that the Ordinance for the front yards on York Road south of 31st Street (Oak Brook Road)was changed in 1995 from being measured at 100 feet from the property line to being measured at 100 feet from the centerline. He said that this particular lot is one of the older lots whose property is measured to the centerline of Canterberry Lane and to the centerline of York Road. It currently measures under an acre. If you go back to the right of way line we are dealing with a far smaller lot than whatever should have been envisioned for an R-2 parcel. With the parcel being zoned R-2, along with the oddities of where the rights of ways are; there are conditions of this property that any owner would have to deal with; the usable space is more like R-3 zoning when you look at its size. Chairman Davis noted that the lot measurement itself goes to the centerline even though there is no use of that portion of the property. The fact that the house is out of character for the other homes being built there. No one in the audience spoke in support of or in opposition to the requested variation. Chairman Davis said that it appears the petitioner has addressed the standards as required and it appears that the situation is unique by reason of the existing restrictions on the property and the hardship is not of the present owners own making. In addition to satisfying the standards, the neighbors do not object. The request does not appear to jeopardize the public health, safety or general welfare of any party. Motion by Member Young, seconded by Member Shah to recommend approval of the variations as requested subject to the following conditions: 1. To reduce the front yard setback from 100 feet to approximately 94'5" and to reduce the rear yard setback from 60 feet to approximately 50 feet and the proposed construction is to be in substantial conformance with the Site Plan, prepared by Steven Amu &Associates on page J and K of the case file. ROLL CALL VOTE: Ayes: 4 - Members Mueller, Shah, Young and Chairman Davis Nays: 0 - Absent: 2 - Member Ascher and Sanford. Motion Carried 6. OTHER BUSINESS: OTHER BUSINESS Chairman Davis commented on a seminar sponsored by the DuPage Mayors SEMINAR MAYORS& VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 7 April 5, 2005 FL Ask VILLAGE OF OAK BROOK Zoning Board of Appeals STAFF REPORT DATE: March 28, 2005 CASE NO: 2005-08-VAR DESCRIPTION: Variation to Sections 13-3-5 and 13-6B-3F.3 to permit a front and rear-yard setback of less than what is required in the R-2 District. PETITIONER: Berkshire J. Bohne, owner of the property. LOCATION: Southeast corner of York Road and Canterberry Lane ADDRESS: 3305 York Road EXISTING ZONING/USE: R-2 (Single-Family Detached Residence District), improved with a single-family home. ZONING/USE OF SURROUNDING PROPERTY: North: R-2, Single-Family Detached Residence District, single-family homes. South: Same. East: Same. West: R-2, Single-Family Detached Residence District, Christ Church Property. DISCUSSION: Berkshire Bohne, the owner of the home at 3305 York Road, has submitted a petition seeking approval of variations to Sections 13-3-5 and 13-6B-3F.3 of the Zoning Ordinance to permit reduced front and rear-yard setbacks in order to construct a new home on the property. The existing home on the property was constructed in 1925 and is presently located 94.45 feet from the centerline of York Road The extent of the relief being requested is approximately 6.45 feet along York Road (required front yard) and approximately 10 feet along the east property line (required rear yard). A detailed description of this request is summarized in the applicant's letter of explanation found in the case file. • T IL STAFF REPORT BORNE—3305 YORK ROAD CASE No.2005-008-VAR RESPONSIBILITIES OF THE HEARING BODY: The Zoning Board of Appeals has the responsibility to hold the required public hearing and make a recommendation on the requested variation. Please include in your consideration, your findings with respect to the standards specified in the Zoning Ordinance for a variation. The materials submitted by the applicant specifically address each of the standards. CONCLUSION: Based on the information provided by Staff, if it is the opinion of the Zoning Board of Appeals that the applicant has satisfied all applicable Ordinance requirements and factors for a variation, a recommendation would be in order to approve this request. The following conditions might be appropriate for inclusion in a recommendation: 1. The development shall be in substantial conformance with the plans as submitted. 2. Also, the Zoning Board of Appeals is authorized to recommend additional conditions as they see fit. However, if it is the opinion of the Zoning Board of Appeals that the applicant has not fully satisfied the applicable ordinance requirements and factors for a variation, a recommendation would be in order to deny this request. Respectfully Submitted, Robert L. Kal en Jr., CP Director of C unit Development 2 GE OF Oq,t P e9° � O 0 �A O y G A f 00 14 • N a a Village of Oak Brook 1200 Oak Brook Road February 25,2005 Oak Brook,IL 60523-2255 Website wwmoak-brook.org Dear Resident: Administration 630.990.3000 The Oak Brook Zoning Board of Appeals and the Village Board will be considering a FAX 630.990.0876 variation at the meetings scheduled on the back of this notice. Community The application has been filed by: Berkshire Bohne Development 7500 W. Imperial Drive 630.990.3045 FAX 630.990.3985 Bridgeview,IL 60455 Engineering The property in question is located at: 3305 York Road Department 630.990.3010 Relationship of applicant to property: Owner FAX 630.990.3985 Fire Department Also shown on the reverse side of this notice is a map* of the area to assist you in 630.990.3040 determining your relationship to the property in question. FAX 630.990.2392 The applicant is seeking the following: Police Department 630.990.2358 The petitioner is seeking approval of a variation to Section 13-3-5 and Section FAX 630.990.7484 13-6B-3F.3 of the Zoning Ordinance to allow a reduction of the required front Public Works and rear yard setbacks to allow the construction of a single-family house. Department 630.990.3044 If you desire more detailed information, please contact the Community Development FAX 630.472.0223 Department at 630-990-3045 to review the file on this application. Oak Brook Sincerely, Public Library 600 Oak Brook Road Oak Brook,IL 60523-2200 630.990.2222 Robert L. Kallien,Jr., FAX 630.990.4509 Director of Communi tD�pment Oak Brook Sports Core RLK/gp 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 Iri accord with the provisions of the American with Disabilities Act, any individual who is in need of a reasonable accommodation in order to participate in or benefit from attendance at the public meeting should contact Jeffrey Moline,the Village's ADA Coordinator,'.at 630-990-5738 as soon as possible before the meeting date. All meetings are held in the Samuel E. Dean Board Room of the Oak Brook Village Hall, Butler Government Center located on Oak Brook Road(31st Street)and Spring Road, Oak Brook,Illinois. Zoning Board of Appeals. . . . . . .: . . .MEETING CANCELLED. , Zoning Board of Appeals. . . : . . . . . . . . . . .7:30 p.m.,Tuesday,April 5,2005 Board of Trustees Meeting. . . . . . . . . . . . . . . . . . . . . . . . . 7:30 p.m.,Tuesday,April 12,2005** **Tentative �t 600 rots �� 410 414 406 314 3py#1,1 Lr$rRy J uU r OAK BROOK ROAD I 31a 9 41r 4Ios sc1 Ft7lt8R404Re* 910 3A CNarer 321 313 3 219 14ti to7 Waoos CRUReR 3t1g 3��, $tlt 3124 31st N 34oi 32z � O 3207 3Zo4 I G G� 321% 1 DOE Sv�J 3213 -41B 31¢ 3W 214 204 114 Ia4 — O OQ f'�� \322& �tL 400 — _ GA TER8ERR1�� ANE 5 3100 401 21 313 3e Its 4'. 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The number of feet occupied by all public roads, streets, alleys,and public ways have been excluded in computing the 250-foot requirement. Said names are as recorded in the office of the County Recorder of Deeds(or the Registrar of Titles of the County)and as they appear from the authentic tax records of this County within 30 days of the filing of this application. Provide a mailing label for each Property Owner listed. Note: The people on this list will be notified by mail with the information about your request and the meeting schedule. NAME OF PROPERTY MAILING ADDRESS OF PARCEL PROPERTY ADDRESS OWNER PROPERTY OWNER 3a.n6j +- 3"M4 C Gt�CQ.�sr ntA 13 Loci ChwmjL%r--p o, LA 06 ace ?.o•a—orb RA A-Z" T'("L4 Z.Sn V 0 3309 S . uOLIL 'k0 ot•st. S+.►+a� 141.1 p. 3315 S - y bQac. mo 36'10z- olo? N "sue,. y-.-F otp 36 doo o15_ t 6 C A arop-$U Ote s%xoo o I10 �IT Yoa.)< 40 06 3t0 doh oil N—Vi p VL,S Q N Z 06 3 L 00y AO-LaM 6 t ��.�4V►r� 3 3 to s• r'o1.14 1Z 06 36 103 003 C r�a.t s•,r c�.t..tca 09L VAtz 3-a►a. ate 3j. 100 00Y OIL 3a 5. Y,.AX Ito o!. S1.1g3 oos G}►•Lk gr G4t..ac•W OF oA« 9Lo.u. 33o1. 5. oLK Zc 010 36 ior3 00 /�oiJG S f e-J E E XaAl 33 1? . �o Q.tt 1Z,o inaa" 4o$ Lo oVS6Aoo at1 q05- C,%.►+Tt9,t6E.L L0 /�0'� �lAi/�R/rte ' . v p6 3L 202. eb$' ("Attach additional sheets for each if necessary) 112005 OF a o a f c o A COUNTV Village of Oak Brook VILLAGE OF OAK BROOK 1200 Oak Brook Road 1200 OAK BROOK ROAD Oak Brook,IL 60523-2255 OAK BROOK, IL 60523 Website www.oak-brook.org Administration NOTICE OF CANCELED MEETING 630.990.3000 OF THE FAX 630.990.0876 ZONING BOARD OF APPEALS Community Development Date of Meeting: March 1, 2005 Time of Meeting: 7:30 p.m. 630.990.3045 FAX 630.990.3985 Samuel E. Dean Board Room Engineering of the Butler Government Center Department 1200 Oak Brook Road 630.990.3010 FAX 630.990.3985 Fire Department NOTICE IS HEREBY GIVEN that the Regularly Scheduled Meeting of 630.990.3040 FAX 630.990.2392 March 1, 2005 has been CANCELED due to lack of Quorum. Police Department 630.990.2358 VILLAGE OF OAK BROOK 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.1L 60523-4602 630.990.3032 FAX 630.990.0245 �pGt Of 0.44, o ey o A t1 V �COU01 Village of Oak Brook 1200 Oak Brook Road February 9,2005 Oak Brook,IL 60523-2255 Website www.oak-brook.org Dear Resident: Administration The Oak Brook Zoning Board of Appeals and the Village Board will be considering a 630.990.3000 FAX 630.990.0876 variation at the meetings scheduled on the back of this notice. Community The application has been filed by: Berkshire Bohne Development 7500 W. Imperial Drive 630.990.3045 Bridgeview,IL 60455 FAX 630.990.3985 Engineering The property in question is located at: 3305 York Road Department 630.990.3010 Relationship of applicant to property: Owner FAX 630.990.3985 Also shown on the reverse side of this notice is a map* of the area to assist you in Fire Department determining your relationship to the property in question. 630.990.3040 FAX 630.990.2392 The applicant is seeking the following: Police Department 630.990.2358 The petitioner is seeking approval of a variation to Section 13-3-5 and Section FAX 630.990.7484 13-6B-3F.3 of the Zoning Ordinance to allow a reduction of the required front and rear yard setbacks to allow the construction of a single-family house. Public Works Department 630.990.3044 If you desire more detailed information, please contact the Community Development FAX 630.472.0223 Department at 630-990-3045 to review the file on this application. Oak Brook Sincerely, Public Library 600 Oak Brook Road Oak Brook,IL 60523-2200 630.990.2222 Robert L-IGIlien,Jr.,AICP FAX 630.990.4509 Director of Community Devel me Oak Brook Sports Core RLK/gp 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 so A In accord with the provisions of the American with Disabilities Act, any individual who is in need of a reasonable accommodation in order to participate in or benefit from attendance at the public meeting should contact Jeffrey Moline,the Village's ADA Coordinator,at 630-990-5738 as soon as possible before the meeting date. All meetings are held in the Samuel E. Dean Board Room of the Oak Brook Village Hall, Butler Government Center located on Oak Brook Road(31st Street)and Spring Road,Oak Brook,Illinois. Zoning Board of Appeals. . . . . . . . . . . . . . . . . . . . . . . 7:30 p.m,Tuesday,March 1,2005 Board of Trustees Meeting. . . . . . . . . . . . . . . . . . . 7:30 p.m.,Tuesday,March 22,2005** **Tentative �` I 3 LSARR [0�41 L is t _ 3i st _OAK BROOK ROAD ! 3 3 41 40S - Sot Fu+.l.atrseylt4 CM>:rar - �/�0j 321 313 3oS 219 115 ta7 Gwuacrr sltt9 1 3ttti 3+z� 3r4r 3201 322 voGP��`G� 3212 3213 313. 3 sort z1¢ 204 114 l0} 0` p�� \3t:i Zi 414 4o% A�O _ OA Tt:R9ERR`! ANC C 1 401 21 313 3*5 Its Fuu.t sarper Weeo � 4 i 33t433� o G 3 t 3.321 34 ' .1 S 33 � 3411 34 30 2 S06. 2 4 6 g sit? I i K asb°1 j, 0 1 20 22 J,a pi I s 7 O _ 3ssr N I I 3601 9 3S1 3529 / {{� 110011 11 =LP f 3�� 3St4 t 3 Tw.w� 3io9 1 Sat.Tl ] u�vs 14 2 .4 4 to 92%3117 37of %ItY� ^3111 92% 504 roa, 11 3111 WE'N" 3L24 3it2 S23 sit 3705 NAD ! 7111710 70} jt2 ��-r- y! 3711 37d it 763 701 S S13 3710 S719 1 3725 I it _- *Note: The map provided is only an aooroximation of the area in question and is intended to be used only as a visual aid to determine your relationship to the property " me-3305 York-VAR-Res.ltr.doc i 4. APPROVAL OF MINUTES: A. SPECIAL BOARD OF TRUSTEES MEETING OF JANUARY 17, 2005 Motion by Trustee Yusuf, seconded by Trustee Korin, to approve the Minutes of the Special Board of Trustees Meeting of January 17, 2005. VOICE VOTE: Motion carried. B. REGULAR BOARD OF TRUSTEES MEETING OF JANUARY 25 2005 Motion by Trustee Yusuf, seconded by Trustee Korin, to approve the Minutes of the Regular Board of Trustees Meeting of January 25, 2005. VOICE VOTE: Motion carried. C. SPECIAL BOARD OF TRUSTEES MEETING OF JANUARY 31 2005 Motion by Trustee Craig, seconded by Trustee Korin, to approve the Minutes of the Special Board of Trustees Meeting of January 31, 2005. VOICE VOTE: Motion carried. C)5 CONSENT AGENDA All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. Motion by Trustee Korin, seconded by Trustee Yusuf, to approve the Consent Agenda and authorize expenditures as presented. ROLL CALL VOTE: Ayes: 4 -Trustees Aktipis, Craig,Korin and Yusuf. Nays: 0 - None. Absent:2 - Trustees Caleel and Zannis. Motion carried. A. Accounts Payable for Period Ending February 4, 2005 - $188,392.52 Significant Items included in Above: 1) Kubiesa, Spiroff, Gosselar and Acker, P.C.—Legal Fees -November, 2004 - $14,050.30 2) Kubiesa, Spiroff, Gosselar and Acker, P.C.—Legal Fees—December, 2004 - $11,412.00 Approval of Payroll for Pay Period Ending January 29, 2005 - $618,586.30 C. C mmunity Development Referrals 1) Bohne—3305 York Road -Variation D. uthorization to Seek Bids or Proposals or Negotiate Contracts: 1) 2005 Pavement Rejuvenation Project 2) 2005 Crack Seal Project VILLAGE OF OAK BROOK Minutes Page 4 of 14 February 8, 2005 4 pF 0 A .. o G 4 CF00UN-vli\• AGENDA ITEM Regular Board of Trustees Meeting of February 8,2005 SUBJECT: Referral - Bohne- 3305 York Road- Variation FROM: Robert L. Kallien, Jr., AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to refer to the Zoning Board of Appeals for Public Hearing at its March 1, 2005 meeting a request for a variation to 3305 York Road. Background/History: Berkshire J. Bohne, the owner of the property at 3305 York Road has submited a petition seeking approval of a variation to allow for the construction of a new home. The lot is presently improved with a single-family home that would be demolished. Recommendation: Please refer this request to the Zoning Board of Appeals for public hearing at its March 1, 2005 meeting. Last saved by RKallien \\ash\Users\COnnDev\GP0LANEK\1-FROM BOB\Bot-PC-ZBA\BOT-Referral-3305York-VAR.doc Last printed 2/1/2005 5:59 PM 13-3-5: SETBACKS ALONG STREETS: Minimum setbacks on lots abutting a street shall be as required for yards in the district in which they are located and shall be measured from the street line, or from the proposed street line if one has been designated on the official map; except that the setbacks along 22nd Street and that portion of York Road north of the intersection with 31 st Street shall not be less than one hundred feet(100') as measured from the property line; that the setbacks along that portion of York Road lying south of the intersection with 31st Street shall not be less than one hundred feet(100') from the centerline; and setbacks along Oak Brook Road(31 st Street) shall not be less than one hundred ten feet(110') from the section lines, except the setbacks falling within or adjacent to the plats of subdivision of Brook Forest unit 2 and Briarwood Lakes subdivision shall be not less than one hundred ten feet(110') from the now existing center line of Oak Brook Road(31st Street) as shown on said plats. Notwithstanding anything contained in this title to the contrary, in the event at any time subsequent to January 1, 1995,private property is dedicated or conveyed to a governmental entity or condemned by a governmental entity(including, without limitation, the Illinois state toll highway authority) for the purpose of widening the public right of way or providing public roadway infrastructure(including,without limitation, right of way for roadway entry or exit ramps), the calculation of minimum setbacks and minimum required yards shall at all times be measured from the street line which existed prior to such dedication, conveyance or condemnation,provided that not more than twenty percent(20%) of the lot has been so dedicated, conveyed or condemned, and provided that any newly constructed buildings establish minimum setbacks and minimum required yards on the affected lot(as measured from the new lot line created as a result of said dedication, conveyance, or condemnation)which, at a minimum, equal at least fifty percent(50%)of the minimum setback and minimum required yard which would be required in the absence of this condemnation mitigation provision, and provided further that a site plan generally accommodating such a dedication, conveyance or condemnation has been reviewed and approved by the village board of trustees. (Ord. G-678, 6-26-2001) 13-6B-3: LOT AREA REQUIREMENTS: A. Lot Area: No less than one acre, except as otherwise required in this title for a specific use. B. Lot Width: Not less than one hundred fifty feet(150)within the buildable area. C. Floor Area Ratio: Not to exceed 0.4 for nonresidential use. D. Structure Height: 1. Residential Uses: Not more than forty five feet(45') for lots one acre or larger and forty feet(40) for lots less than one acre, except for continuous flat roofs,which shall be not more than thirty five feet(35') to the top of any parapet wall. However,where residential building heights exceed thirty feet (30'), the highest space that can be occupied must have an emergency escape and rescue opening at a maximum elevation of thirty two feet(32') above grade. 2. Institutional And Other Nonresidential Uses: Not more than forty five feet(45'). E. Ground Floor Area Per Dwelling: 1. One Story Without Basement: Not less than one thousand eight hundred(1,800) square feet. 2. One Story With Basement: Not less than one thousand six hundred(1,600) square feet. 3. Dwellings Having More Than One Story: Not less than one thousand two hundred fifty (1,250) square feet. F. Yards: Except as required in subsections B and D under"accessory uses and structures" in section 13-6A-1 of this chapter, yards shall be provided as follows: 1. Front: Not less than forty feet(40) in depth. 2. Side: Not less than eighteen feet(18') in depth except: a. A side yard abutting a street shall not be less than forty feet(40) in depth; b. To accommodate a side load garage, the minimum side yard setback(on 1 side yard) must be at least twenty three feet(23'); the width of the pavement opposite of the garage door must be a minimum of twenty three feet(23'); c. For nonresidential uses each side yard abutting a street shall be not less than fifty feet (50) in depth and each interior side yard shall be not less than thirty feet(30)in depth and increased by not less than two feet(2) for each one foot(1') of structure height over thirty feet(30'). 3. ear: Not less than sixty feet(60')in depth. (Ord. G-60, 3-22-1966; Ord. G-328, 8-24-1982; Ord. G-616, 8-11-1998; Ord. G-730, 9-23-2003) i eRt10K PETITION APPLICATION for PUBLIC HEARING ZONING ORDINANCE: ❑ APPEAL ($300) VARIATION ($750) ❑ AMENDMENT ($750) ❑ SPECIAL USE ($750) STORMWATER ORDINANCE: ❑ SPECIAL USE ($675) �o re.►Z a.� �- CANT'cfL.1�i:R Lt4 PUBLIC HEARING SIGNS ($50- each lot frontage) F3 -Enter Number of Street Frontages/Per Parc6i APPLICANT TO COMPLETE I LOCATION OF SUBJECT PROPERTY 33o S7 S. vo arc. _12z PERMANENT PARCEL NO*. Dto - 16 l LOT NO. SUBDIVISION LEGAL ADDRESS* S0rr'R hi-C'1 i-C t1�wNs� 39 aoaer�t ZONING DISTRICT Z'a- ZONING ORDINANCE SECTION i s-3- 5" `� 3-�$ - 3 F.3 ACTION REQUESTED* 1�F.ov��T�or.1 ►� Ft6arrC S��r C3+ac�t i n.om loo To c14•45 6-1 -S-S) Aao l��,p",cr►g.� oF- Zv-fv c_J N Lo T-9-aw% loo +o 50' 16-1 r-.3) PROPERTY INTEREST OF APPLICANT: OWNER X CONTRACT PURCHASER AGENT OWNERS)OF RECORD Be4LKsA%Qom- S• B c,'Am c PHONE-1 Vt-599-230z 0MICIr ADDRESS _1600 W t^n?tQI 1� ��- CITY 53���%s STATE=V— ZIP (On4SS BENEFICIARY(IES)OF TRUST 1 PHONE ADDRESS CITY STATE ZIP NAME OF APPLICANT(and Billing Information) SEw�stk"t ? S3nskaF_ PHONE 1 og'Sq$-aa v.7 ADDRESS -16c0 0 -VI- CITY &LI STATE TU-- ZIP (--A 69 E-mail Address a Aar.,. Co,�,n ('13w�,rL� -104j- 7.bq-ci5o b 7PaoJGcr ter pojJ �ti I(we)certify that all of the above statements and the statements contained in any papers or plans submitted herewith are true to the best of my(our) knowledge and belief.I(we)give permission to the Village to install public hearing sign(s)on the lot frontages of the above subject property as described in the Village Code. In addition to the above fees,applicant agrees to reimburse the Village for publication costs within 30 days of billing Signature of Applicant Date Signature of Applicant Date ........_.........._..........._..................................._......._.._......................_........................................................................_......................................................................................................................................................_.........._............_._......_.................. DO NOT WRIT!IN THIS SPACE-FOR OFFICE USE ONLY MT-RESIDENFRL vnwnnau 1/0 • NAMES OF SURROUNDING PROPERTY OWNERS ' Following are the names and addresses of all surrounding property owners from the property in question for a distance of approximately 250 feet in all directions. The number of feet occupied by all public roads streets alleys and public ways have been excluded in computing the 250-foot reguirement. Said names are as recorded in the office of the County Recorder of Deeds(or the Registrar of Titles of the County)and as they appear from the authentic tax records of this County within 30 days of the filing of this application. Provide a mailing label for each Property Owner listed. Note: The people on this list will be notified by mail with the information about your request and the meeting schedule. OWNER NAME OF PROPERTY MAILING ADDRESS OF PROPERTY ADDRESS PARCEL PROPERTY OWNER NUMBER MMO!�aRrnES !-3Aw� iJ OHO 3b�!Oa-'oilo lL i S't 1 tY1 A N '107 C.aN�C+lr'2►2..� Lr� 1,41A t—LA T 2u D So r,i S. �o Q.IL IZO - ©6 3b 'J oa--00:5 SAaacz.� ✓ ok. 3b Zoa 00-7 14,k4 P'LLa L-1 33 5 `�_ �` o P-tL. 1Z-L to h n.c,A rLC�T R it ess EL. �l'a.4 Ca�►�c L�� -�'� L ✓ ol. 3b �u0 c i�' LJ% &A-h racy �oQ-0 (�unn7o,��oba3 A3A�IL L416 Ca0TC,�R.GEA-YL WI"' - � �� 3i.2oo ©�b N 3j•1:5 S. 'YoUL IZO v 06 36'400 0ti A�aEiQ-S v1 �. Rn$aa ooh Arll'�>► ✓ 0b 3 eg 3b 10o A aL.EN E 2 4, ✓ 06 3 6 1 r�3 00 3 i3a rLaLi} awN 33a S . , o ¢.ic Zp ('Attach additional sheets for each if necessary) 112005 • I l'lf�_A�E a 0P- CO � .,AP, RkrtOY, RECD NY, CASHIER' IE 0100001?208 PAtiik: ROBERT `A, PETR14 SEK. ''OIDAY'S' RATE: 01/28/05 REGISTER IIATE: 01/28/05 TIME: 114:07:56 DESCRIPTIOt� AMOUNT ''J�1It�G./�il�BirIL'1SlOr� $J.r Q.00 TOTAL DUE; --'-$850.00 CHECK, PAI,''!: $856.00 CHECK No: 811 TENDER-'TI: $3,50 00 RANGE.- f IB I L... pp. NUMBCER Z CHECKS s CASH INV• DATE NAME O.L.ACCOUNT II RI"ION VILLAGE OF OAK BROOK INVALID WITHOUT SIGNATURE DEPARTMENT OF COMMUNITY DEVELOPMENT B 15 618 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS PHONE:(630)990-3045 RETAIN THIS RECEIPT FOR YOUR RECORDS C. February 9, 2005 The Village President&Board of Trustees Zoning Board of Apppeals Village of Oak Brook 1200 Oak Brook Road, Oak Brook,IL 60523 Dear Sir/Madam: Application for Variation—3305 S. York Road, Oak Brook,IL The existing house on the property was constructed in 1925 and was purchased by the petitioner in 2003. The petitioner has lived there since and is hoping to improve the property with a new two story residence designed to conform to the topography and scenery of the neighborhood. The original plan was to remodel but the existing structure has been shown to be unsound to support this remodel. The subject property is 31,600 square feet in area and is located on the southeast quadrant of the York Road and Canterberry Lane intersection. The homes in the area have mostly been improved. The petitioner has had his Architect design a home that will match the front set-back of the existing home, currently an allowable non-conforming condition, and create the privacy that is lacking in the backyard which is currently too visible from the streets. The owner sought to accomplish this without the use of fencing and or overbearing evergreen landscaping, which would be allowed by current zoning. Unfortunately,we were not aware of the special set-back on York Road until we applied for a building permit. We have since made extreme modifications to the original plans in accordance with the existing Oak Brook R-2 ordinances, however, even with our best efforts,we need to request our 60' setback be changes to 50'. The petitioner seeks relief from the front and rear setbacks but the proposed home will comply with both side yards under current zoning. The petitioner has sought the opinions of all neighbors in the immediate vicinity and has not yet heard any objections. The petitioner is also affording any neighbor who wishes to view the drawings for the proposed structure at their leisure. Kindly accept this letter as our formal application for an exception to your zoning ordinance section 13-3-5 Front Setback in an R-2 from 100'to 94.45'. plus 12"overhang and 13-6B-3F.3 Rear yard from 60' to 50' for the above captioned address. I hope that you will consider this request favorably. Very Truly Yours, Berkshire I Bohne ZONING STANDARDS 3305 S.YORK ROAD, OAK BRROK,ILLINOIS Petitioner seeks relief from zoning ordinance sections 13-3-5 Front setback in a R-2 from 100' to 94.45' plus 12" overhang and 13-6B-3F.3 Rear yard from 60' to 50'. 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 existing structure was constructed in 1925 and is out of character with the type of house prevalent in Oak Brook today. The lot,which is shallow, is further burdened by its location on York Road,which has special provisions in the zoning ordinance. The petitioner came upon the realization that the ordinance restricted him from realizing his dream only after visiting the Building department just prior to submitting for his building permit. 1(b) The plight of the owner is due to Unique circumstances. Response: The lot's location on York Road is unique because it is the one Street mentioned in section 13-3-5 for a larger setback than would otherwise be permissible. The house(circa 1925)was constructed at a time when the prevalent type of house,now in Oak Brook, was not even a distant dream. Further this lot is on a corner and the buildable area is consequently further reduced. 1(c) The variation, if granted, will not alter the essential character of the locality. Response: The proposed structure will maintain the current structure's front set back exactly and will be more akin to the typical Oak Brook residence than the existing. The proposed structure will tend to add value to the Village and the adjacent properties. 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 it the strict letter of the regulations were to be carried out. Response: The shape and location of the existing house, which the petitioner purchased in 2003,has caused the petitioner to rethink the ideal way to construct a new home that would create privacy without disrupting the scenic streetscape with overbearing fencing and landscaping. The proposed structure seeks to shelter a portion of the land for the private enjoyment of the owner without the use of"barriers"that may tend to visually disrupt the flow of the natural landscape. The petitioner purchased the lot • for the natural beauty that he perceived upon driving by the site and his instructions to his Architect was to do everything possible to maintain that aesthetic quality. The proposed structure was designed in an L shape so as to provide the maximum privacy for the"rear" of the house from the very public street,while maintaining the aesthetic continuity that the petitioner sought to begin with. 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 hardship on this particular lot is further compounded by the fact that it is a corner lot, on York Road, and has a smaller buildable area than would be typical for a typical R-2 lot. The petitioner feels that this is a unique circumstance to this lot. 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: The variation, if granted, will in no way be injurious to any neighbor. In fact, the variation will, if granted,help to create a new structure that will become a standard in keeping with other admirable Oak Brook residences. The proposed design has a"green" quality to it and it seeks to be as neighborly as possible. 2(d) The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase danger of fire, or otherwise endanger the public safety or substantially diminish or impair the property values within the neighborhood. Response: Inherent in the design of the new home is a lower pitch roof than most new Oak Brook residences specifically to minimize the impact of absence of light to the neighboring homes and the trees on the property. The new structure will also serve as a good comparable for increasing the value of the houses nearby. Access to neighboring properties in case on emergency will not be adversely affected visually or physically. 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 petitioner purchased the home for personal use out of a love for the Village and intends, for the foreseeable future,to occupy the proposed residence as his primary residence. The desire to build this project as proposed is born from a long period of searching for the best way to improve the property for the private enjoyment of its current owner. 2(f) That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. • Response: The current owner(the petitioner)purchased the property in 2003 and has not altered it in any way since then. The petitioner having lived in the neighborhood has sought this project as his idea of he highest and best se of the property. IZ u. ........." I Prim ' .: l' d' • t � y� - 's F1i 1 (W k �4 Alf "a --•r ;t!y �; 1.'"�'t 31i " �.. "`!�"' r} �':. 4 a ' dye Y `i} 011' �Yj+!11/ ��.�'• ' "Ok �+ ►�. r1. �y4, cy`,Ctoy�(,i ` �(Z * •�� of, A� •?Eye /' liI .:� � � �� � . �.� •,. /- f 'AAA .t �• • CRAWLER ® E M I Am It. TOWER ERECTION CRANE SERVIC8S, INC. RIGGING REBUILDING RENTAL SERVICES•SALES•24 HOUR SERVICE 7500 West Imperial Drive,Bridgeview, Illinois 60455-2395 Tel.708-598-2300-Fax 708-598-2313 January 21; 2005 Sandra K.Italili 3315 S. York Road Oak Brook, IL I Re: 3305 S. York Road We will be constructing a new house at the above captioned address within the next 1 to 2 months. I would like to inform you that we will be seeking a variance of 10 feet in the rear. The front will remain the same. Should you have any questions or concerns, please contact the Project Manager, Mr. Buzz Petrasek at 708-269-9506. Sincerely, Y' B.I. Bohne President January 21, 2005 Arlene Birkhahn 3312 S. York Road Oak Brook, IL Re: 3305 S. York Road We will be constructing a new house at the above captioned address, ithin the next 1 to 2 months. u r.: r I M E RA CRAN 7 RE RENTAL SE �. } REP 75 7500 Wei 75( Te Tel.708-! Tel i • January 21, 2005 January 21, 2005 January 21, 2005 Ray &Lela Truedson 3309 S.York Road James&Jane Christirr. Oak Brook, 1L Nancy J 409 Canterberry Lane 3213 S. York Road j Oak Brook, IL Oak Brook,IL Re: 3305 S.York Roac Re: 3305 S. York R .-- - -- Re: 3305 S. York I IMP ; CR RENTAL' Inn y , RENTf7500 A RE ...:: 7500 Tel.701 Tel.7 75 Te January 21, 2005 January 21,2005 January 21, 2005 LaGrange Bank Margaret A. Nessel 416 Canterberry Lane 424 Canterberry Lane Oak Brook, IL Matthew&Rhea And Oak Brook, IL 2 Robinhood Ranch Oak Brook, IL Re: 3305 S. York Ro Re: 3305 S. York Roa< Re: 3305 S. York I We will be constructing We will be constructing a. 2 months. 2 months. We will be constructir I would like to inform y 2 months. I would like to inform you front will remain the sar front will remain the same. I would like to inform. Should you have any q1 front will remain the si Should you have any quest Buzz Petrasek at 708-21 Buzz Petrasek at 708-269-5 Should you have any e Sincerely, Buzz Petrasek at 708 Sincerely, pp Sincerely, j� B.J.Bohne B.J. Boh e President c I understand that Berkshire Bohne of 3305 York Road, Oak Brook,has asked for a variance. I have reviewed the plan and home site to be built. I approve the request. Name Address _ _ r J - Na e Address Name Address Name LA-�-4 0 la, nook?. I L Ds'�k3 Address • Subject'Property Verification (Complete a separate form for each P.I.N.) 1 Permanent Index Number (P.I.N. from Real Estate Tax Bill): 2. Common Address: 33 3. Type the Complete Legal Description Below. (Attach a separate page if longer than the area provided) T-T li�i � ` E77 L i THAT PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP ,39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED BY COMMENCI NG AT BEING CENTER OF SAID SECTION 36 AND RUNNING THENCE NORTH ALONG THE QUARTER SECTION LINE, ':ALSO THE WEST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 36, 1324.5 FEET TO THE DIVISION LINE, BEING ALSO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36 FOR f-. PLACE OF BEGINNING; THENCE EAST ALONG SAID DIVISION LINE, 233 FEET; THENCE SOU-1H PARALLEL WITH SAID QUARTER SECTION LINE, 191.25 FEET; THENCE WEST PARALLEL WITH SAID DIVISION LINE, 233 FEET TO SAID QUARTER SECTION LINE; THENCE NORTH ALONG SAID QUARTER SECTIOf, LINE, 191.25 FEET TO THE PLACE OF BEGINNING, IN DU PAGE COUNTY, ILLINOIS. The Permanent Index Number, Common Address and Legal information provided has been verified as follows: DuPage County Records/Research Room: (630-682-7398) Contact Person: To rf� A m o, A Date called: - -4-1- DuPage County Recorder's Office: (630-682-7200) Contact Person: -D NO a A, W-K�os Date called: I - Z.1 - oS DuPage County Clerk's Office- Revenue Department: (630-510-3376) Contact Person: r-'I w" Date called: I I Kerify that the information provided above is accurate. Printed ame Signature _ � Date: I -O I - �a Relationship to Applicant: L �"�c�: (J�. - - rn APP-RESIDENTIAL VARIATION 1-2005 7 19125' I 1 I 0 0 .4 I 1 I 1g'-mU PROPOSED SINGLE FAM I L'r I RESIDENCE ' ' I W ATTACHED GARAGE 421 5" I EX15 INCA ;RESIDENCE �TO BE REMOVED /UPON APPROVAL VARIATION/ '1 1 , I PROPOSED PAVED DRIVE �o AND LALK I - I - - - - - - - - - - 15825' - - — — YORK ROAD Li SffE PLAN jSCALE: NORTH H 19125' 4 a I � I I pROpooM SINGLE FAMILY I RESIDENCE _g W/ATTACFM GARAGE ®q® EXISTING O BE PQ Pd l VARIATION d U I I I I PQ PROPOSED PAYED DRIVE 3 Ar1D wALIc "25' YORK ROAD SITE PLAN Prsteven amu & associates, p.c. ® ®'g� D® nei ��� ���� architects, engineers & planners 4932 WILSHIRE BOULEVARD 3305 YOvk Brookq IL COUNTRY CLUB HILLS, M. 60478 TELEPHONE. (708) 798-042 6 Nays. 0 - None. Absent- 0 - None. Motion carried. A Accounts Payable for Period Ending May 6, 2005 - $415,011.13 Significant Items included in Above: 1) Kubiesa, Spiroff, Gosselar & Acker P.C. — Legal Services — April, 2005 - $15,104.50 B Approval of Payroll for Pay Period Ending April 23, 2005 - $635,431.78 C Community Development Referrals D Authorization to Seek Bids or Proposals or Negotiate Contracts 1) Police Department Weapons E. Authorization to Hire, Promote or Reassign Duties of Village Employees F. Budget Adjustments G. Village Manager Salary Adjustment H An Ordinance Authorizing the Sale by Public Auction of Personal Property Owned by the Village of Oak Brook I Resolution Approving the Revised Primeco Settlement Agreement K. A Resolution Approving the Preliminary Plat of Subdivision Known as Villas of Oak Brook Subdivision and Granting a Variation from the Provisions of Section 14 -6 -3A of Title 14 (Subdivision Regulations) of the Village Code of the Village of Oak Brook, Illinois Relative to Public Right -of -Way L Release of Funds — Oak Brook Oak Brook Hotel, Convention and Visitors Committee — 1" Quarter 2005 Receipts - $13,763.05 M. DuPage County Community Development Block Grant Program N 2005 Paving Project - Change Order #1 O. A Resolution in Opposition to Legislation Relative to Fire Union Control Over Fire Pension Boards P. A Resolution in Support of Legislation Relative to Non -Home Rule Sales Tax Rate Increase Q. A Resolution in Opposition to Legislation Relative to Abolishing Local Electoral and Canvassing Boards 7 ITEMS REMOVED FROM CONSENT AGENDA- An Ordinance Granting Variations from the Provisions of Section 13 -3 -5 and 13 -6B- 3F(3) of Title 13 (Zoning Regulations) of the Village Code of the Village of Oak Brook Relative to Front and Rear Yard Setback Requirements — 3305 York Road — Bohne Trustee Aktipis indicated that he had made a mistake and that this may be passed as well. Motion by Trustee Aktipis, seconded by Trustee Kennedy, to approve "An Ordinance Granting Variations from the Provisions of Section 13 -3 -5 and 13- 6B -3F(3) of Title 13 (Zoning Regulations) of the Village Code of the Village of Oak Brook Relative to Front VILLAGE OF OAK BROOK Minutes Page 4 of 21 May 10, 2005 1� 7 6 J. and Rear Yard Setback Requirements — 3305 York Road — Bohne." ROLL CALL VOTE: Ayes. 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays 0 - None. Absent: 0 - None. Motion carried. 8 PRESENTATION OF PROMENADE /TIF ELIGIBILITY. Mary Riordan, representing the developer NIA Hiffman, introduced Jeanne Lindwall who was the primary author of the plan, project and eligibility study for TIF eligiblity. Ms. Lindwall, Camiros Ltd, then explained the Camiros findings. NAI Hiffman ( "Developer ") has submitted a plan for, and the Village Board of Oak Brook has approved, the redevelopment of the southwest corner of Meyer and Butterfield Roads ( "Project "). As the site exists now, there are two older three story office buildings and one single story office building with a combined vacancy rate of 70% Other unique qualities of the site include, but are not limited, to an approximately 5 acre on -line detention pond and two underground garages The redevelopment includes the demolishment of the existing buildings and the building an approximately 171,000 square foot upscale retail and commercial development. The Project will also require that modifications be made to both the detention pond and underground parking garages Because of the certain existing conditions and hardships inherent to this site, the Developer is requesting the Village of Oak Brook provide it with economic assistance in the form of tax increment financing ( "TIF ") in the amount of $4 million. As discussed in detail below, without the Village's assistance, the redevelopment of this site will not be economically viable for this Developer or any other developer and as a result, the property will continue to decrease in value while at the same time costing the Village the sum of its public services without generating any benefit to the Village in return. I Existing Conditions and Hardships Require TIF Assistance As noted above, the redevelopment site is plagued by certain inherent conditions that propose a unique situation and increased cost to the Developer Typically, when a developer starts a project, the developer is financially responsible for the following 1. the property; 2. the foundation and buildings, 3 all site work, including, but not limited to, utilities and detention; and 4. site amenities, including, but not limited, landscaping, benches, etc. The developer would incur the above costs up front. Upon the completion of the project, however, the developer will lease the property to retail and commercial users and the tenants will pay enough rent for the developer to reimburse itself for its initial up front costs, and make a reasonable profit VILLAGE OF OAK BROOK Minutes Page 5 of 21 May 10, 2005