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S-1069 - 05/11/2004 - VARIATION - Ordinances Supporting Documents�! ZI , �. 'A - • AGENDA ITEM Regular Board of Trustees Meeting of May 11, 2004 SUBJECT: Samuel Vinci, Variation FROM: Kenneth T. Kubiesa, Village Attorney BUDGET SOURCE /BUDGET IMPACT: None RECOMMENDED MOTION: I move to pass Ordinance 2004- ZO -V -S -1069, An Ordinance Granting A Variation From The Provisions Of Section 13 -6C -3F (1) of Title 13 ( "Zoning Regulations ") Of The Village Code Of The Village Of Oak Brook Relative To Front Yard Setback Requirements. Background /History: /History: This ordinance grants a variation to Samuel Vinci for a reduction in the required forty foot (40') front yard setback to thirty feet (30') at the property located at 3025 Lincoln Road. This variation is requested in order for the homeowner to construct a new porch. The requested encroachment is no greater than the existing encroachment of the home. Recommendation: I recommend that this ordinance be passed. Last saved by Default V \AGENDA \Vinci var doe Last punted 5/7/2004 11 01 AM MINUTES OF THE MAY 113 2004 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON MAY 25, 2004. 1. CALL TO ORDER: The Regular Meeting of the Village Board of Trustees was called to order by President Quinlan in the Samuel E. Dean Board Room of the Butler Government Center at 7 33 p.m. The Pledge of Allegiance was given. 2 ROLL CALL: Village Clerk Linda Gonnella called the roll with the following persons PRESENT: President Kevin M. Quinlan, Trustees Stelios Aktipis, George T. Caleel, John W. Craig, Susan Chase Konn and Elaine Zannis. ABSENT: None. Trustee Asif Yusuf arrived at 7:40 p.m. IN ATTENDANCE: Richard B. Boehm, Village Manager; Jeffrey P. Moline, Assistant Village Manager; Dale L. Durfey, Jr., Village Engineer; Bruce F. Kapff, Director of Information Services & Purchasing; Kenneth T. Kubiesa, Village Attorney; Sue Madorin, Interim Library Director; Nelson Patras, Interim Bath & Tennis Club Manager and Trey VanDyke, Golf Club Manager. 3. RESIDENT /VISITOR COMMENT President Quinlan announced that the Oak Brook Bath & Tennis Club early bird membership rates will end May 15th and the hours will be extended that day to accommodate the public. 4. APPROVAL OF MINUTES: Regular Board of Trustees Meeting of April 27, 2004 Motion by Trustee Atkipis, seconded by Trustee Korn, to approve the minutes of the April 27, 2004 Regular Board of Trustees meeting. VOICE VOTE: Motion carried. 5 CONSENT AGENDA. All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. VILLAGE OF OAK BROOK Minutes Page 1 of 9 May 11, 2004 01 5. President Quinlan asked that Item 5 I, Water Service Request for Proposed Condominium Development- Northeast Corner of York Road and I -88 be removed from the Consent Agenda for discussion. Motion by Trustee Caleel, seconded by Trustee Aktipis, to approve the Consent Agenda and authorize expenditures as amended. ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Caleel, Craig, Korin and Zannis. Nays: 0 - None. Absent: 1 - Trustee Yusuf. Motion carried. A ACCOUNTS PAYABLE FOR PERIOD ENDING MAY 7 2004 - $258,850.076 Significant Items included in Above: None B APPROVAL OF PAYROLL - None. C. COMMUNITY DEVELOPMENT REFERRALS - None. D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE CONTRACTS -None. E. WAIVER OF FEES — CHRIST CHURCH F. ORDINANCE 2004- ZO -V -S -1069. AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13 -6C -3F (1) OF TITLE 13 ( "ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO FRONT YARD SETBACK REQUIREMENTS — VINCI- 3025 LINCOLN ROAD G. ORDINANCE 2004- ZO -SU -S -1070, AN ORDINANCE GRANTING A SPECIAL USE TO TUSCANY RESTAURANT FOR AN OUTDOOR DINING AREA ADJACENT TO A RESTAURANT — 1415 -1515 WEST 22ND STREET H ORDINANCE 2004 -PP -S -1071, AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN PERSONAL PROPERTY OWNED BY THE VILLAGE OF OAK BROOK — SURPLUS VEHICLES 6. ITEMS REMOVED FROM CONSENT AGENDA: 5.1. WATER SERVICE REQUEST FOR PROPOSED CONDOMINIUM DEVELOPMENT- NORTHEAST CORNER OF YORK ROAD AND I -88 VILLAGE OF OAK BROOK Minutes Page 2 of 9 May 11, 2004 N, pill J.P. "RICK" CARNEY UUPRGE COUNTY flEtOROEfl MAY 1992004 3:40 PM OTHER 06- 25- 302-044 004 PAGES fl2004- 134769 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523 -2255 RECORDED DOCUMENT TITLE PAGE Title of Document ORDINANCE 2004- ZO -V -S -1069 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13- 6C -3F(1) OF TITLE 13 ( "ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO FRONT YARD SETBACK REQUIREMENTS Property Address /es 3025 LINCOLN ROAD, OAK BROOK, IL 60523 (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 ) Pin /s Number 06 -25- 302 -044 Name & Address of Applicant SAMUEL VINCI, 3025 LINCOLN ROAD, OAK BROOK, IL 60523 Name & Address of Responsible SAMUEL VINCI Party to Receive Recorded 3025 LINCOLN ROAD Document and Billing: OAK BROOK, IL 60523 G/L Account # to be Charged 10 -1365 - - Prepared By: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Name & Address of Recipient of Consideration (when applicable): G/L Account # to be Charged i Return To./ Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 N/A J ORDINANCE 2004- ZO -V -S -1069 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13 -6C -3F (1) OF TITLE 13 ( "ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO FRONT YARD SETBACK REQUIREMENTS (Vinci — 3025 Lincoln Road, Oak Brook, IL 60523 / P I N 06 -25- 302 -044 ) WHEREAS, the Village of Oak Brook has heretofore adopted an ordinance setting forth the Zoning Regulations for the Village of Oak Brook in Title 13 of the Village Code, and WHEREAS, Section 13 -14 -6 of the Village Code sets forth the authority and standards of the granting of variations to the Zoning Regulations, WHEREAS, Samuel Vinci ( "Petitioner') is the owner of certain property legally described as follows. LOT 5 IN SPORTS CORE/ WESTCHESTER PARK SUBDIVISION, BEING A RESUBDIVISION OF PART E2 OF THE SOUTHWEST % OF SECTION 25, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 6, 2002, AS DOCUMENT R 2002 - 302921, IN DUPAGE COUNTY, ILLINOIS P.l N. 06 -25- 302 -044 WHEREAS, the Subject Property is located within the R -3 Single - Family Detached Residence District, the regulations of which require a front yard setback of not less than forty feet (40') in depth, and WHEREAS, the Petitioner has submitted a petition for a variation to reduce the required front yard setback to approximately 30 feet for the purpose of constructing a new porch on the single - family dwelling on the Subject Property; and WHEREAS, on April 6, 2004, the Zoning Board of Appeals of the Village of Oak Brook conducted a public hearing at the Oak Brook Village Hall, 1200 Oak Brook Road, Oak Brook, Illinois in connection with the aforesaid petition, after due and appropriate legal notice was given, and WHEREAS, the Zoning Board of Appeals specifically considered the standards set forth in Section 13 -14 -6 (D) of the Village Code and made the following findings of fact: • that the Petitioner has satisfied the standards required by the Zoning Ordinance, • that the Petitioner has demonstrated unique circumstances in that the existing home presently encroaches into the required front yard, • that the hardship of the Petitioner was not of his making; • that the proposed alteration to the home will enhance the value of surrounding properties, and • that the requested encroachment will be no greater than the existing encroachment of the home, and WHEREAS, the Zoning Board of Appeals recommended approval of the requested variation, and ti Ordinance 2004- ZO -V -S -1069 Granting Variation from Sec 13- 66 -3F(1) Page 2 of 2 (Vinci 06 -25- 302 -044) WHEREAS, the Village President and Board of Trustees concur with the findings and recommendations made by the Zoning Board of Appeals, and WHEREAS, all applicable requirements of Section 13 -14 -6 of the Village Code relating to the granting of variations to the Zoning Regulations have been met 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 recitals hereto are incorporated as part of this ordinance SECTION 2. That a variation to Section 13- 6C -3F(1) of the Zoning Regulations of the Oak Brook Village Code is hereby granted to permit the construction of a new porch on the single - family dwelling and allow a front yard setback of approximately thirty feet (30') subject to the condition that the new construction shall be in substantial conformance with the plans entered into evidence for consideration by the Zoning Board of Appeals. SECTION 3 That this Ordinance is limited and restricted to the property commonly known as 3025 Lincoln Road, Oak Brook, Illinois, P I.N 06 -25- 302 -044 SECTION 4 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict. SECTION 5 This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law APPROVED THIS 11th day of May, 2004 Villag President PASSED THIS 11th day of May, 2004 Ayes- Trustees Aktipis, Caleel, Craig, Korin and Zannis Nays None Absent Trustee Yusuf 44_�� -,I All �ti 4 STATE OF ILLINOIS ) SS. COUNTIES OF COOK AND DUPAGE ) I, Linda K. Gonnella, do hereby certify that I am the duly elected and acting Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois. I DO FURTHER CERTIFY that on May 11, 2004 , the corporate authorities of the above municipality passed and approved Ordinance 2004- ZO -V -S -1069 , AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13- 6C -3F(1) OF TITLE 13 ( "ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO FRONT YARD SETBACK REQUIREMENTS (Vinci - 3025 Lincoln Road, Oak Brook, IL 60523 / P.I.N. 06 -25- 302 -044) I DO FURTHER CERTIFY that the original documents, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same. I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties, Illinois. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 17thday of May 2004 Linda K. Isonnella, CMC Village Clerk Village of Oak Brook DuPage and Cook Counties, IL Oita O z cq G O .o Z VILLAGE OF OAK BROOK Interoffice Memorandum DATE: May 21, 2004 TO: ` Richard B Boehm Kenneth T Kubiesa Linda K Gonnella Dale L Durfey Robert L Kallien Alice Filmovich FROM • Linda Andrys SUBJECT: Recorded Documents The following documents were recorded on May 19, 2004 1 ORDINANCE 2004- ZO -V -S -1069 Mr Samuel Vinci 3025 Lincoln Road, Oak Brook, IL 60523 R2004- 134769 Recording Fee $18 00 G /L# to be Charged 10 -1365 2 ORDINANCE 2004- ZO -SU -S -1070 Tuscany of Oak Brook Inc 1415 -1515 West 22nd Street, Oak Brook, IL 60523 R2004- 134770 Recording Fee $19 00 G /L# to be Charged 10 -1365 3 LAWN SPRINKLER SYSTEM COVENANT RUNNING WITH LAND Mr Richard Dickinson 8 Dover Drive, Oak Brook, IL 60523 R2004- 134771 Recording Fee $18 00 G /L# to be Charged 10 -1365 4 LAWN SPRINKLER SYSTEM COVENANT RUNNING WITH LAND Ms Wendy M Kesman 347 Hambletoman Drive, Oak Brook, IL 60523 R2004- 134772 Recording Fee $18 00 G /L# to be Charged 10 -1365 5 LAWN SPRINKLER SYSTEM COVENANT RUNNING WITH LAND Mr Simon Sheer 43 Windsor Drive, Oak Brook, IL 60523 R2004- 134773 Recording Fee $18 00 G /L# to be Charged 10 -1365 6 LAWN SPRINKLER SYSTEM COVENANT RUNNING WITH LAND Ms Shannon Smith 10 Hampton Drive, Oak Brook, IL 60523 R2004- 134774 Recording Fee $18 00 G /L# to be Charged 10 -1365 7 LAWN SPRINKLER SYSTEM COVENANT RUNNING WITH LAND Mr Ralph Sorice 338 Hambletoman Drive, Oak Brook, IL 60523 R2004- 134775 Recording Fee $18 00 G /L# to be Charged 10 -1365 /RECDOC /2004- RECMEMO -05 -21 doc OF oq'� P 6 G � A 9 � �UUN14 Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 -2255 Website www.oak -brook org Administration 630 990 3000 FAX 630 990 0876 Community Development 630 990 3045 FAX 630 990 3985 Engineering Department 630 990 30 10 FAX 630 990 3985 Fire Department 630 990 3040 FAX 630 990 2392 Police Department 630 990 2358 FAX 630 990 7484 Public Works Department 630 990 3044 FAX 630 472 0223 Oak Brook Public Library 600 Oak Brook Road Oak Blook, IL 60523 -2200 630 990 2222 FAX 630 990 4509 Oak Brook Sports Core Bath & Tennis Club 700 Oak Brook Road Oak Blook, 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 June 14, 2004 Mr. Samuel Vinci 3025 Lincoln Road Oak Brook, Illinois 60523 Re: Recorded Document on May 19, 2004 ORDINANCE 2004- ZO -V -S -1069 3025 Lincoln Road Oak Brook, IL 60523 R2004- 134769 Dear Mr. Vinci: pRD 5 =1b(p C1 11 A copy of the above noted recorded document is enclosed for your information. This is an important record and should be retained in a secure area within your files. If you need any further assistance in this matter, feel free to contact me at 630- 990 -5770 on Monday through Friday from 9am to 5pm. Sincerely, Linda M. Andrys Records Management Clerk /lma Enclosure cc: Dale L. Durfey, Jr., Village Engineer Robert L. Kallien, Jr., Director of Community Development Official Files ✓ O 2 r,-) S-101.1 /RECDOC/ 2004- RECLTR- ORD- ZO -V -S- 1069 -VINCI -3025 LINCOLN