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S-1199 - 06/26/2007 - ZONING - Ordinances Supporting Documents
4� 4 �o AGENDA ITEM Regular Board of Trustees Meeting of June 26, 2007 SUBJECT: Hu — 11 Dover Drive — Variation to York Road Setback FROM: Robert L. Kallien, Jr., AICP, Community Development Directo BUDGET SOURCE /BUDGET IMPACT: N/A RECOMMENDED MOTIONS: I move to concur with the recommendation from the Zoning Board of Appeals and approve the requested variation to Section 13 -3 -5 of the Zoning Ordinance to permit a detached garage to be built in the required rear yard subject to the following conditions: 1. The development is to be constructed in substantial conformance with the plans as submitted and approved under permit number 07 -2 -210 as shown on pages J, K and L of the case file; 2. Notwithstanding the exhibits contained in the case file, the applicant shall meet all Village ordinance requirements in the building permit process; 3. Any engineering requirements should be discussed with Village Engineer Durfey; and 4. Approve the attached ordinance. Background /History: At its meeting on June 5, 2007, the Zoning Board of Appeals reviewed a petition from Mr. Sean Hu, the owner of the home at 11 Dover Drive in the York Woods Subdivision. He is seeking approval of a variation to Section 13 -3 -5 of the Zoning Ordinance in order to construct a new detached garage in the rear yard of the property. The proposed garage is located approximately 21 feet from the rear property line and is approximately 57 feet from the eastern edge of York Road. Even though Section 13- 6C -3F -2d of the Zoning Ordinance states that the rear yard setback shall be 40 feet; and Section 13- 3- 6A -3d(1) states that accessory structures may be located within 5 feet of the rear property line as long as the maximum height not exceed 15 feet, Section 13 -3 -5 contradicts these provisions by requiring a 100 -foot setback. Last saved by Gail C \Documents and Settings \gpolanek \Local Settings \Temporary Internet Files \OLKF\Hu - Agenda Memo doc I /. Recommendation: By a vote of 6 to 0, the Zoning Board of Appeals found that the applicant addressed and satisfied all applicable standards required to recommend approval of the requested variation to Section 13- 3-5, subject to the following conditions: 1. The development is to be constructed in substantial conformance with the plans as submitted and approved under permit number 07 -2 -210 as shown on pages J, K and L of the case file. 2. Notwithstanding the exhibits contained in the case file, the applicant shall meet all Village ordinance requirements in the building permit process. 3. Any engineering requirements should be discussed with Village Engineer Durfey. Staff Comments: A contradiction exists in the R -3 Zoning District to the extent that it very clearly states that any front or side yard that abuts York Road must meet the setback provisions of Section 13 -3 -5. However, this link to the Section 13 -3 -5 provision was not included for the rear yard setback, which was left as 40 feet. Because of this contradiction and the adverse impact that Section 13 -3- 5 has on many properties, Staff and the Plan Commission have undertaken an analysis of this issue and will make recommendations where appropriate. Last saved by Gail C \Documents and Settings \gpolanek \Local Settings \Temporary Internet Files \OLKF \Hu - Agenda Memo doc OF Oq�� P � � I A � A O - G y � A 9 CoUNTV � . Pillage of Oak Brook 1200;Oak Brook Road Oak Brook, IL 60523 -2255 Website ww7.oak- brook.org Administration 630.368.5000 FAX 630.368.5045 Community Development 630.368.5101 FAX 630.368.5128 Engineering Department 630.368.5130 FAX 630.368.5128 Fire Department 630.368.5200 FAX 630.368.5250 Police Department 630.368.8700 FAX 630.368.8739 Public Works Department 630.368.5270 FAX 630.368.5295 Oak Brook Public Library 600 Oak Brook Road Oak Brook, IL 60523 -2200 630.368.7700 FAX 630.368.7704 Oak Brook Sports Core Bath' & Tennis Club 700 Oak Brook Road Oak Brook, IL 60523 -4600 630.368.6420 FAX 630.368.6439 Golf Club 2606 York Road Oak Brook, IL 60523 -4602 630.368.6400 FAX 630.368.6419 D . F. ... U fZDS AGE V September 5, 2007 Mr. Sean Hu 11 Dover Drive Oak Brook, IL 60523 Re: Recorded Document on July 25, 2007 ORDINANCE 2007- ZO- V- S- 1199/R2007- 139062 11 Dover Drive Oak Brook, IL 60523 Dear Mr. Hu: 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- 368 -5056 on Monday through Friday from 9am to 5pm. Sincerely, 3-L, - a-d-%-r 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 /RECDOC /2007 - RECLTR -ORD 2007- ZO -V -S- 1199 -HU -11 DOVER DR FRED BUCHOLZ OUPPGE COUNTY RECORDER JUL .25,2007 0:18 PM OTHER O6- TS -P01 -007 004 PAGES R2007- 139062 (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 2007- ZO -V -S -1199 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13 -3 -5 OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO SETBACK REQUIREMENTS ALONG STREETS Property Address /es 11 DOVER DRIVE (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.) OAK BROOK, IL 60523 Pin Number /s 06 -25- 201 -007 Name & Address of Applicant: SEAN HU 11 DOVER DRIVE, OAK BROOK, IL 60523 Name & Address of Responsible SEAN HU Party to Receive Copy of 11 DOVER DRIVE Recorded Document and Billing: OAK BROOK, IL 60523 G/L Account # to be Charged: 10 -1365 Prepared By: Village of Oak Brook Return To: Village of Oak Brook 1200 Oak Brook Road 1200 Oak Brook Road Oak Brook, Illinois 60523 Oak Brook, Illinois 60523 Name & Address of Recipient of Consideration (when applicable): G/L Account # to be Charged: N/A ORDINANCE 2007- ZO -V -S -1199 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13 -3 -5 OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO SETBACK REQUIREMENTS ALONG STREETS (11 Dover Drive, Oak Brook, Illinois 60523, P.I.N. 06 -25- 201 -007) WHEREAS, an application has been filed requesting variation from the provisions of Section 13- 3-5 (Setbacks Along Streets) of Title 13 (Zoning Regulations) of the Village Code. The Petitioner is requesting a variation from the requirement of a one hundred feet (100') setback on York Road as provided in Section 13 -3 -5 to approximately twenty -one feet (21') from the rear property line and approximately fifty -seven feet (57') from the eastern edge of York Road, to allow for the construction of a detached garage in the rear yard of the property commonly known as 11 Dover Drive, Oak Brook, Illinois, legally described below; and WHEREAS, a public hearing of such application has been conducted by the Zoning Board of Appeals of the Village of Oak Brook on June 5, 2007 pursuant to due and appropriate legal notice; and WHEREAS, the said Zoning Board of Appeals made explicit findings of fact that the variation requested conform to the standards set forth in Sections 13 -14 -6D and 13 -3 -5 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 detached garage and allow an encroachment into the required one hundred foot (100') setback on York Road to approximately twenty -one feet (21') from the rear property line, subject to the following conditions: 1. The development is to be constructed in substantial conformance with the site plans as submitted and approved under permit number 07 -2 -210, as shown on pages J, K and L of the case file; 2. Notwithstanding the exhibits contained in the case file, the applicant shall meet all Village ordinance requirements in the building permit process; 3. Any engineering requirements should be discussed with the Village Engineer. Section 3: That this Ordinance is limited and restricted to the property known as 11 Dover Drive, Oak Brook, Illinois, which property is legally described as follows: LOT 68 IN YORK WOODS, BEING A SUBDIVISION OF PART OF THE EAST ONE -HALF OF SECTION 25, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED October 5, 1962 AS DOCUMENT R62- 35479, IN DUPAGE COUNTY, ILLINOIS. PERMANENT INDEX NUMBER 06 -25- 201 -007 Ordinance 2007- ZO -V -S -1199 Granting Variation from Required York Road Setback (Hu) (11 Dover Dr., 06 -25- 201 -007) Page 2 of 2 Section 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict. Section 5. This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. APPROVED THIS 26th day of June, 2007. Jo rr'W. Craig illage President PASSED THIS 26th day of June, 2007. Ayes: Trustees Carson, Kennedy, Manofsky Saived, Sanford and Wolin Nays: None Absent: None 0 F ATTEST: dh �r� \ Charlotte K. Pruss Village Clerk ��01 f��'4 ' STATE OF ILLINOIS ) SS. COUNTIES OF COOK AND DUPAGE ) I, Charlotte K. Pruss, 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 June 26, 2007 , the corporate authorities of the above municipality passed and approved Ordinance 2007- ZO -V -S -1199, AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13 -3 -5 OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO SETBACK REQUIREMENTS ALONG STREETS (11 Dover Drive, Oak Brook, Illinois 60523, P.I.N. 06 -25- 201 -007) I DO FURTHER CERTIFY that the original document, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same. I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties, Illinois. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 5th day of Jules, 2007. �lz� O F 044' G .�� f �► 9 Charlotte K. Pruss Village Clerk Village of Oak Brook DuPage and Cook Counties, Illinois Hu 11 DovER Variation — York Road Setback INDE PAGE CONTENTS 13-13.a Memorandum from Director of Community Development Kallien - Village Board Agenda — June 26, 2007 12-12.a Ordinance S-1199 11 Recommendation Letter from Zoning Board of Appeals Chairman to Village Board dated June 20, 2007 10-10.c Zoning Board of Appeals Meeting Minutes dated June 5, 2007 9-9.b Staff Report from Director of Community Development Kallien to Zoning Board of Appeals dated May 31, 2007 8 Resident Letter dated May 18, 2007 7 Certificate of Publication dated May 18, 2007 6 Board of Trustees Referral Meeting Minutes May 22, 2007 (Not Included) 5 Referral Memo to Board of Trustees May 22, 2007 Agenda 4 Memorandum from Village Engineer Durfey dated May 22, 2007 re: Engineering Review 3 Accessory Uses and Structures — Zoning Ordinance Section 13-3-6A-3d(1) 2 Setbacks Along Streets — Zoning Ordinance Section 13-3-5 1 R-3 Yards —Zoning Ordinance Section 13-6C-3F 0 Portion of York Woods Subdivision Abutting York Road ******************* A Application/Petition - Variation B Letter of Explanation C-C-1 Variation Standards D Approval Letter from York Woods Community Association E-E.1 Letter from Village dated May 10, 2007 F Plat of Survey Showing Distances from Lot Line by York Road and Village Approval G List of Surrounding Property Owners H Certification 1-1.1 Subject Property Verification and Legal Description J Site Plan K North and South Elevations (Included — Not Attached) L East and West Elevations (Included — Not Attached) • • Of OqK v G� ego 0 CIO 8 o CO UN T1 AGENDA ITEM Regular Board of Trustees Meeting of June 26, 2007 SUBJECT: Hu— 11 Dover Drive—Variation to York Road Setback FROM: Robert L. Kallien, Jr., AICP, Community Development Directo BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTIONS: I move to concur with the recommendation from the Zoning Board of Appeals and approve the requested variation to Section 13-3-5 of the Zoning Ordinance to permit a detached garage to be built in the required rear yard subject to the following conditions: 1. The development is to be constructed in substantial conformance with the plans as submitted and approved under permit number 07-2-210 as shown on pages J, K and L of the case file; 2. Notwithstanding the exhibits contained in the case file, the applicant shall meet all Village ordinance requirements in the building permit process; 3. Any engineering requirements should be discussed with Village Engineer Durfey; and 4. Approve the attached ordinance. Background/History: At its meeting on June 5, 2007, the Zoning Board of Appeals reviewed a petition from Mr. Sean Hu, the owner of the home at 11 Dover Drive in the York Woods Subdivision. He is seeking approval of a variation to Section 13-3-5 of the Zoning Ordinance in order to construct a new detached garage in the rear yard of the property. The proposed garage is located approximately 21 feet from the rear property line and is approximately 57 feet from the eastern edge of York Road. Even though Section 13-6C-3F-2d of the Zoning Ordinance states that the rear yard setback shall be 40 feet; and Section 13-3-6A-3d(1) states that accessory structures may be located within 5 feet of the rear property line as long as the maximum height not exceed 15 feet, Section 13-3-5 contradicts these provisions by requiring a 100-foot setback. 'I Last saved by Gail C:\Documents and Settings\gpolanek\Local Settings\Temporary Internet Files\OLKF\Hu-Agenda Memo.doc Recommendation: By a vote of 6 to 0, the Zoning Board of Appeals found that the applicant addressed and satisfied all applicable standards required to recommend approval of the requested variation to Section 13- 3-5, subject to the following conditions: 1. The development is to be constructed in substantial conformance with the plans as submitted and approved under permit number 07-2-210 as shown on pages J, K and L of the case file. 2. Notwithstanding the exhibits contained in the case file, the applicant shall meet all Village ordinance requirements in the building permit process. 3. Any engineering requirements should be discussed with Village Engineer Durfey. Staff Comments: A contradiction exists in the R-3 Zoning District to the extent that it very clearly states that any front or side yard that abuts York Road must meet the setback provisions of Section 13-3-5. However, this link to the Section 13-3-5 provision was not included for the rear yard setback, which was left as 40 feet. Because of this contradiction and the adverse impact that Section 13-3- 5 has on many properties, Staff and the Plan Commission have undertaken an analysis of this issue and will make recommendations where appropriate. Last saved by Gail C:\Documents and Settings\gpolanek\Local Settings\Temporary Internet Files\OLKF\Hu-Agenda Memo.doc ORDINANCE 2007-ZO-V-S-1199 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13-3-5 OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO SETBACK REQUIREMENTS ALONG STREETS (11 Dover Drive, Oak Brook, Illinois 60523, P.I.N. 06-25-201-007) WHEREAS, an application has been filed requesting variation from the provisions of Section 13- 3-5 (Setbacks Along Streets) of Title 13 (Zoning Regulations) of the Village Code. The Petitioner is requesting a variation from the requirement of a one hundred feet (100') setback on York Road as provided in Section 13-3-5 to approximately twenty-one feet (21') from the rear property line and approximately fifty-seven feet (57') from the eastern edge of York Road, to allow for the construction of a detached garage in the rear yard of the property commonly known as 11 Dover Drive, Oak Brook, Illinois, legally described below; and WHEREAS, a public hearing of such application has been conducted by the Zoning Board of Appeals of the Village of Oak Brook on June 5, 2007 pursuant to due and appropriate legal notice; and WHEREAS, the said Zoning Board of Appeals made explicit findings of fact that the variation requested conform to the standards set forth in Sections 13-14-6D and 13-3-5 of the Village Code; and I 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 detached garage and allow an encroachment into the required one hundred foot (100') setback on York Road to approximately twenty-one feet (21') from the rear property line, subject to the following conditions: 1. The development is to be constructed in substantial conformance with the site plans as submitted and approved under permit number 07-2-210, as shown on pages J, K and L of the case file; 2. Notwithstanding the exhibits contained in the case file, the applicant shall meet all Village ordinance requirements in the building permit process; 3. Any engineering requirements should be discussed with the Village Engineer. Section 3: That this Ordinance is limited and restricted to the property known as 11 Dover Drive, Oak Brook, Illinois, which property is legally described as follows: LOT 68 IN YORK WOODS, BEING A SUBDIVISION OF PART OF THE EAST ONE-HALF OF SECTION 25, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED October 5, 1962 AS DOCUMENT R62-35479, IN DUPAGE COUNTY, ILLINOIS. PERMANENT INDEX NUMBER 06 -25-201-007 • • Ordinance 2007-ZO-V-S-1199 Granting Variation from Required York Road Setback(Hu) (11 Dover Dr.,06-25-201-007) Page 2 of 2 Section 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict. Section 5. This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. APPROVED THIS 26th day of June, 2007. John W. Craig Village President PASSED THIS 26th day of June, 2007. Ayes: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk F 0 • • G� 0 q1. P e9 O � f a y A June 20, 2007 0OUNiI ' Village President Craig and Board of Trustees Village of Village of Oak Brook Oak Brook 1200 Oak Brook Road 1200 Oak Brook Road Oak Brook, IL 60523 Oak Brook,IL 60523-2255 Website SUBJECT: Hu— 11 Dover Drive—Variation—York Road Setback www.oak-brook.org Administration Dear President Craig and Board of Trustees: 630.368.5000 FAX 630.368.5045 Background At its meeting on June 5, 2007, the Zoning Board of Appeals reviewed a petition from Mr. Community Sean Hu, the owner of the home at 11 Dover Drive in the York Woods Subdivision. He is Development seeking approval of a variation to Section 13-3-5 of the Zoning Ordinance in order to 630.368.5101 g pp g FAX 630.368.5128 construct a new detached garage in the rear yard of the property. The proposed garage is located approximately 21 feet from the rear property line and is approximately 57 feet from Engineering the eastern edge of York Road. Department 630.368.5130 FAX 630.368.5128 Even though Section 13-6C-3F-2d of the Zoning Ordinance states that the rear yard setback shall be 40 feet; and Section 13-3-6A-3d(1) states that accessory structures may be located Fire Department within 5 feet of the rear property line as long as the maximum height not exceed 15 feet, 630.368.5200 Section 13-3-5 contradicts these provisions by requiring a 100-foot setback. FAX 630.368.5250 Police Department Public Comment 630.368.8700 All interested parties were notified of the public hearing before the Zoning Board of FAX 630.368.8739 Appeals. No comments were received either in support of or in opposition of the proposed request. There was a letter of approval for the construction of the garage from the York Public Works Department Woods Homeowner Association. 630.368.5270 FAX 630.368.5295 Recommendation By a vote of 6 to 0, the Zoning Board of Appeals found that the applicant addressed and Oak Brook satisfied the applicable standards required to recommend approval of the requested Public Library variation to allow the construction of the garage as requested, subject to the following conditions: 600 Oak Brook Road 1. The development is to be constructed in substantial conformance with the plans as Oak Brook,1L 60523-2200 submitted and approved under permit number 07-2-210 as shown on pages J, K and 630.368.7700 FAX 630.368.7704 L of the case file. 2. Notwithstanding the exhibits contained in the case file, the applicant shall meet all Oak Brook Sports Core Village ordinance requirements in the building permit process. 3. Any engineering requirements should be discussed with Village Engineer Bath&Tennis Club Durfey. 700 Oak Brook Road Oak Brook,IL 60523-4600 630.368.6420 Very truly yours FAX 630.368.6439 NOTE: Chairman Davis has reviewed and verbally approved the content of this letter pending his signature. The signed original will be placed in Golf Club the official file upon receipt. 2606 York Road Oak Brook,IL 60523-4602 Champ Davis 630.368.6400 Chairman FAX 630.368.6419 Zoning Board of Appeals (dated May 3, 2007) of the case file. 2. All other provisions of Section 13-I1-7A-5 of the Zoning Ordinance shall be followed relative to the design and construction of the sign. 3. Notwithstanding the exhibits contained in the case file, the applicant shall meet all Village ordinance requirements at the time of building permit application, except as varied or waived. ROLL CALL VOTE: Ayes: 5 — Members Ascher, Bulin, Krietsch, Young and Chairman Davis Nays: 1 — Member Nimry Nays: 0— Motion Carried. 5. NEW BUSINESS NEW BUSINESS A. SEAN HU — 11 DOVER DRIVE — VARIATION TO YORK ROAD HU- I1 DOVER DR - VARIATION - SETBACK — ZONING ORDINANCE SECTION 13-3-5 — SETBACKS YORK RD ALONG STREETS SETBACK Chairman Davis swore in all parties that would testify. Scott Wendell, General Contractor for the garage construction, said that he was assisting Mr. Hu in the request for the variation. Director of Community Development said that this is a somewhat unique case. Within our Zoning Ordinance, the subject property is located in York Woods Subdivision and is zoned R-3. It is a flag lot with access to Dover Drive and backs up to York Road. In that portion of York Road, the right of way is approximately 125 and 150 feet wide. It is very wide at that point, located north of the Butler School. In this case, Mr. Hu along with all those properties that back up to York Road is subjected to a number of setbacks. They have the setbacks that apply to the R-3 District, which are 40-foot front yard, 12-foot side yard and 40-foot rear yard. For any accessory structures located in the rear yard are allowed to be located within 5 feet of the rear yard setback. However, there is a section in the code that deals with extra ordinary setbacks. He discussed this with Village Engineer Durfey, who has been with the village for over 30 years, and they are of the opinion that the primary reason that extraordinary setback of 100 feet along 22nd Street, York Road and along Oak Brook Road was developed that way in 1966 when Oak Brook was much smaller. Most of the roads were two lanes and they knew that they had to have adequate room to widen them without creating a conflict with a potential house or business in the future. Now, 31St Street/Oak Brook Road has been improved to four lanes and divided highway along a portion; York Road north of 31" Street is a finished 5-lane roadway; 22nd Street varies from 4 lanes to 6 lanes VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 8 June 5, 2007 and some areas are wider. In all of the areas that they anticipated the need for improvements, those improvements for all intents and purposes have been done. There are property owners that back up to some of these major roadways and the setbacks are a significant impediment on their property. There are 13 properties on the east side of York Road in York Woods and when applying the front yard setback they are all fine. When the 100-foot setback is applied to the rear yard, many of the properties and all of the houses are nonconforming. They have no ability to have a deck, pools, or any other accessory structure. This was brought to the attention of staff, when the plan reviewer looked at the sections of the code for Mr. Hu's permit for a detached garage that was approved by the York Woods Homeowner Association; it appeared that it could be located within 21 feet of the rear yard. There is extensive vegetation along York Road and on his property. His property literally cannot be seen. There is still almost 80 feet between the roadway and the proposed garage. It was then discovered that there was this conflict in the code. It was his suggestion that Mr. Hu's situation be addressed by the requested variation, but the next step is that we have undertaken a study to review the rear yard setbacks, including those along Midwest Road and Meyers Road, which are also major roadways, but do not have 100-foot setbacks. Properties in Saddle Brook that abut Meyers Road can build houses with a 30-foot rear yard setback. There is a tremendous inconsistency on how the code is applied and how it ultimately impacts these properties and we are working to correct that. Chairman Davis said that in his view a variation is not needed in this case because one section of the Code states 40 feet, another states 100 feet, but then a section states that an accessory structure can be located within the rear setback, so he did not see a conflict. Director of Community Development Kallien said that the Village did not want to allow construction to continue and then, in the future, if he tried to sell it and have the questioned raised at that time. This will ensure that it is conforming. This particular case has generated a lot of public comment, in excess of 30 calls. The vast majority was supportive of the request once they understood what the issues were. There was no one in the audience that spoke in support of or in opposition to the request. Member Bulin questioned that the Zoning Ordinance was adopted about the same time that York Woods was developed. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 6 of 8 June 5, 2007 l/•CL Director of Community Development Kallien responded that it was, however, the permit dates for many of the houses were after the fact. Whoever was implementing the Code, was inconsistent, and there may have been dispensation for that rear yard the way it was written in the Code as noted by Chairman Davis. The R-3 District clearly states that the front yard or side yard abutting York Road is 100 feet, but the rear yard is silent so the authors of the Code may have actually meant that. The Final Plat only requires the front yard setback. Member Bulin noted that the 100-foot setback almost makes the lots unbuildable. Chairman Davis said that his argument is in the accessory section of the Code, which states that an accessory structure can be built within 5 feet of the lot line. In his opinion you could be within 5 feet of the rear lot line whether there is a 40 or 100-foot setback. It is the same proximity to the lot line either way because it is an accessory use. Director of Community Development Kallien said that the Ordinance should be made very clear so that whoever reads it, will understand it, and it can be implemented. Member Nimry questioned how many more variations would need to be approved before the study is completed. Director of Community Development Kallien responded that it is being worked on now and it is envisioned to be completed by the Plan Commission in July and may be to the Zoning Board by August. This is the only case that would involve this issue. Chairman Davis said that there have been many discussions with the Hu's and Mr. Kallien. He pointed out that the standards were addressed in the testimony provided and were also addressed in detail on pages C and C.1 of the case file. It appears that the standards had been adequately addressed. There were no further questions by the Members. Motion by Member Young, seconded by Member Nimry that the applicant has addressed and satisfied the applicable standards required to recommend approval of the requested variation to allow the construction of the garage as requested, subject to the following conditions: 1. The development is to be constructed in substantial conformance with VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 7 of 8 June 5, 2007 �D•b. 0 • the plans as submitted and approved under permit number 07-2-210 as shown on pages J, K and L of the case file. 2. Notwithstanding the exhibits contained in the case file, the applicant shall meet all Village ordinance requirements in the building permit process. 3. Any engineering requirements should be discussed with Village Engineer Durfey. ROLL CALL VOTE: Ayes: 6 — Members Ascher, Bulin, Krietsch, Nimry, Young and Chairman Davis Nays: 0— Motion Carried. 6. OTHER BUSINESS OTHER BUSINESS A. RESCHEDULE THE REGULAR ZONING BOARD OF APPEALS RESCHEDULE JULY 3, 2007 MEETING DATE OF JULY 3, 2007 MEETING There was a general discussion regarding the need to reschedule the July 3, 2007 regular Zoning Board of Appeals meeting due to the conflict with the Independence Day holiday. After the members were polled, it was agreed to reschedule the regular meeting. Motion by Member Krietsch, seconded by Member Bulin to reschedule the regular July 3, 2007 Zoning Board of Appeals meeting to Monday, June 25, 2007 at its regular time. VOICE VOTE: Motion carried. There was no other business to discuss. 7. ADJOURNMENT: ADJOURNMENT Motion by Member Young, seconded by Member Krietsch to adjourn the meeting at 8:14 p.m. VOICE VOTE: Motion carried. ATTEST: Robert Kallien, Director of Community Development Secretary �I VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 8 of 8 June 5, 2007 VILLAGE OF OAK BROOK Zoning Board of Appeals STAFF REPORT DATE: May 30, 2007 CASE NO: 2007-011-ZO-VAR DESCRIPTION: Variation to Section 13-3-5 to permit an encroachment into the required 100-foot rear setback on York Road to accommodate an accessory structure. PETITIONER: Sean Hu, owner of the property. LOCATION: East of York Road, South of Dover Drive ADDRESS: 11 Dover Drive EXISTING ZONING/USE: R-3 (Single-Family Detached Residence District), improved with a single- family home in the York Woods Subdivision. ZONING/USE OF SURROUNDING PROPERTY: North: R-3, Single-Family Detached Residence District, single-family homes in the York Woods Subdivision. South: Same. East: Same. West: CR, Conservation/Recreation District, Oak Brook Golf Club. DISCUSSION: Mr. Sean Hu, the owner of the home at 11 Dover Drive in the York Woods Subdivision has submitted a petition seeking approval of a variation to Section 13- 3-5 of the Zoning Ordinance in order to construct a new detached garage in the rear yard of the property. The proposed garage is located approximately 21 feet from the rear property line and is approximately 57 feet from the eastern edge of York Road. Several months ago, Mr. Hu applied for a permit from the Village to construct a new detached garage. Upon receipt of the permit application, the Staff person assigned to the project reviewed the Zoning Ordinance to determine the required rear yard setbacks in the R-3 District as well as the setback that would apply to an accessory structure located in a required rear yard. Section 13-6C-3F-2d of the Zoning Ordinance states that the rear yard setback shall be 40 feet; and Section 13- 3-6A-3d(1) states that accessory structures may be located within 5 feet of the rear property line as long as the maximum height not exceed 15 feet. As part of the review, staff received an approval letter from the York Woods homeowners association for the proposed detached garage. On April 23, 2007, the permit was issued. STAFF REPORT HU-11 DOVER DRIVE CASE No.2007-011-VAR Once the project was started (site graded and foundation walls poured) and after consultation with the Village Attorney, it was determined that an additional section of the code, particularly 13-3-5 creates a more restrictive standard (100-foot setback for properties located on York Road north of Oak Brook Road). Once this determination was made, Mr. Hu was contacted and work on the permit was stopped. In order to for work to continue on the permit for 11 Dover, there are two options available. The first, which would apply only to the current property is a petition for a variation, which is the case before you. The second option involves a more thorough analysis of all the rear yard setbacks in all of our residential districts that abut not only 22nd Street, York Road and Oak Brook Road, but other major thoroughfares such as Midwest Road and Meyers Road. Because of the extraordinary setbacks that are imposed on three of our main arterials, many properties that back up to these roads are significantly impacted and are faced with no buildable area to accommodate an addition to the home, a deck, swimming pool or other accessory structure. In some cases, unknowingly the existing homes already encroach into this rear yard setback. With regards to the property located at 11 Dover Drive, the property fronts Dover Drive but obtains access from a 20-foot wide "flag" that connects the lot to the street frontage. The building setback is 40 feet from the "flag" area. After discounting the area of the "flag," the lot is approximately 148 feet deep at the north property line and 178 feet deep at the south property line. When accounting for the 40-foot front yard required in the R-3 District and the 100-foot setback imposed by Section 13-3-5, the buildable area that remains ranges in size from 8 feet to 38 feet on the property. Even though the existing home is setback approximately 56 feet from the York Road right-of-way, the existing home encroaches significantly in the into the required 100-foot setback. A similar situation also exists for at least 11 of the 13 other homes in York Road that back up to York Road. A detailed description of this request is summarized in the applicant's letter of explanation found in the case file. Staff Comments 1. A contradiction exists in the R-3 Zoning District to the extent that it very clearly states that any front or side yard that abuts York Road must meet the setback provisions of Section 13-3-5. However, this link to the Section 13-3-5 provision was not included for the rear yard setback,which was left as 40 feet. 2. The property at 11 Dover Drive has a unique shape in that it includes a 20-foot wide "flag" area to obtain access to Dover Drive. 3. The lot measures only 148 feet along the north property line and 178 feet at the south property line. 4. The existing home on the property does not meet the 100-foot setback provision imposed by Section 13-3-5 of the Zoning Ordinance. At least 11 of the 13 homes in York Woods that back up to York Road are in conflict with Section 13-3-5. 2 Y STAFF REPORT HU-11 DOVER DRIVE CASE No.2007-011-VAR 5. Because of the shape of the lot along with the imposition of a 40-foot front yard setback on Dover Drive and a 100-foot setback along York Road, the applicant has no ability to construct any structure or building addition on his property without the benefit of a variation. 6. The proposed detached garage is setback 21 feet from the rear property line and over 57 feet from York Road. Under normal circumstances, this garage could be built within 5 feet of the property line in an R-3 District. 7. The rear property line of the lot at 11 Dover Drive has significant vegetation and effectively screens the proposed garage from traffic on York Road. 8. Because the applicant's request disturbs more than 2500 square feet of land, the Village Engineer will require the submittal and approval of an Engineering Permit (See May 22, 2007 memorandum). 9. The hardships that Section 13-3-5 creates for 11 Dover Drive along with the unique circumstances of the lots dimensions warrant a recommendation in support of this variation request. 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. Submittal and approval of an Engineering Permit from the Village of Oak Brook. Respectfully Submitted, Robert , AICP Director of Community Development 3 / VE F 0AK Q' �9 v O O e A C y G O) A Z' 9CF�UUNTV May 18, 2007 Village of Oak Brook 1200 Oak Brook Road Dear Resident: Oak Brook,IL 60523-2255 Website The Oak Brook Zoning Board of Appeals and the Village Board will be considering a www.oak-brook.org variation at the meetings scheduled on the back of this notice. Administration 630.368.5000 The application has been filed by: Sean Hu FAX 630.368.5045 11 Dover Drive Oak Brook, IL 60523 Community Development 630.368.5101 The property in question is located at: 11 Dover Drive FAX 630.368.5128 Relationship of applicant to property: Owner Engineering Department 630.368.5130 Also shown on the reverse side of this notice is a map* of the area to assist you in FAX 630.368.5128 determining your relationship to the property in question. Fire Department 630.368.5200 The request, which has been made, is as follows: The petitioner is seeking approval FAX 630.368'.5250 of a variation to Section 13-3-5 of the Zoning Ordinance to allow an encroachment into the required 100-foot (100') setback on York Road as measured from the Police Department property line, to allow for the construction of a detached garage on the property. 630.368.8700 FAX 630.368.8739 Also included in this notice is a map* of the area to assist you in determining your Public Works relationship to the property in question. Attached is a reduced copy of the proposal Department for your convenience. 630.368.5270 FAX 630.368.5295 The plan can also be viewed on the village website under: Our Village Services, Oak Brook Departments, Community Development Department, Planning and Zoning page, Public Library Upcoming Hearings at: wwwmak-brook.org. If you need help accessing the site, please call our department at the number below for assistance. 600 Oak Brook Road Oak Brook,IL 60523-2200 If you desire more detailed information, please contact the Community Development 630.368.7700 FAX 630.368.7704 Department at 630-368-5103 to review the file on this application. Oak Brook Sports Core Sincerely, Bath&Tennis Club 700 Oak Brook Road Oak Brook,IL 60523-4600 630.368.6420 FAX 630.368.6439 Robert L. allien, Sr., AIC DirectorCommun' evelopment Golf Club 2606 York Road Oak Brook,IL 60523-4602 FJL K/gp 630.368.6400 FAX 630.368.6419 8� 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 630-368-5022 as soon as possible before the meeting date. All meetings are held in the Samuel E. Dean Board Room of the Butler Government Center located on Oak Brook Road(31st Street) and Spring Road, Oak Brook, Illinois. Zoning pp onin Board of Appeals. . . . . . . . . . . . . . . . . . . . . . . . . 7:30 p.m., Tuesday, June 5, 2007 Board of Trustees Meeting . . . . . . . . . . . . . . . . . . . 7:30 p.m., Tuesday, June 26, 2007** ** Tentative ST EET 22ND STREET 41 5 2211 X67 43 41 37 35 33 91 2215 29 6 �.. o � • 30 !7 64 G3 2 6 21A 62 61 4 6 8 10 It 16 23 2301 2305 ° Q Q NOTEI AuN6X 2 or 21 c 6o aO5 7 9 11 1511 19 ~ 5 S 5 51 w 9Nf —0 Cr�`O`�G� _ >-` 2 5%48 49 56 50 47 } 7 7 A15 I V-0 1^ See, 43 3 OF ` S n 8 40 �4iS 47 1 Z4 26 42 39 a 0 U PROP` c1 7 to 38 39 41 � 2' 40 37 H I 9 2 DRIVE 37 35 14 P� 19 35 a 12 15 38 3 F OAK Bvo—c II i o 33 II M. 31 q GOLF Gaue 4 3 o 31 to 9 3z }' \ 26o6 2615 5 0 ; 19 8 7 26 29 Z9 h TLER NAT{ONA 2614 '1616 Yoav Got.F OkavE 7 26 21 25 4 5 16 �4 25 H TENUIS 13tDG. _ IZ{4. 19 .. 13 262¢Y°4K 02714— 2707 II 2Z EFCrE� 21 P an°14W5E 2717 1S 2° 21 3 S 7 9 54, '$ 5 17 19 W' .. h+4TLER % 51 i 19 4 o < Se.Heo� 16 D sa 8 o vo 49 45 _ L Y 2801 t7 9 l0 46 1. '� 0 - 1 Is 11 48 42 ~ 41 n u 14 46 Is 2Z 24 U 28 7 9 4¢ 17 eaaevoaD LW 3S 1 Z 43 19 21 13 25 2729 31 33 ' 39 42 z - •7 i 8 y 37 z 38 7 6 1 0 I l0 r11 tZ 15 33 36 19 23 25 32 4 5 Z cM.TH 7S 8� YACAr6 16118 201 22 j 26 `90 / ct� 4 3 Son 1 , $, 3o0O 50 9 `— s]so ^ 3W 3005 410 Soo 1 z xtr 3.0 3mf I 'A101� 11 !2 4jo15 '02 I 4--414 9a+ 914 3GSp�= 122 I►6 OAK BROOK ROAD ' 31 st sTQEET) _ *Note: The map provided is only an roximation of the area in question and is inten to be used only as a visual aid to determine your relationship to the pro I AV PUBLIC NOTICE • • NOTICE IS HEREBY GIVEN that a public hear- ing before the Zoning Board of Appeals the Village of CERTIFICATE OF PUBLICATION Oak Brook, DuPage and Cook Counties Illinois,will be held on June 5,2007,at 7:30 p.m.in the Oak Brook Village Hall(Butler Govern- ment Center), 1200 Oak Paddock Publications, Inc. Brook Road,Oak Brook,Illi- nois 60523 for the purpose of considering the application of Sean Hu,11 Dover Drive, Oak Brook, 60523, the Daily Heral property owner.He Is seek- mg a variation n as provided for under Title 13 of the Zon- ing Ordinance of the Village of Oak Brook,Illinois,Ordi- nance G-60 as amended. The petitioner is seeking ap- proval of a variation to Sec- tion 13-3-5 of the Zoning Or- dinance to allow an encroachment Into the re- Corporation organized and existing under and by virtue of the laws of the State of Illinois, re- quired 100-foot (100') set- back on York Rood as meas- ured lllow for the Property t on DOES HEREBY CERTIFY that it is the publisher of the DAILY HERALD. of a detached garage on the property. That said DAILY HERALD is a secular newspaper and has been circulated daily in the The property may be uner- described 11 Dover Drive' Village(s) of Addison Bensenville, e Bloomingdale Carol Stream, Glendale Heights, Glen Elly Dr ve, Oak Brook, Illinois, , 60523 and the legal descrip- tion is as follows: Itasca, Keeneyville, Lisle, Lombard, Medinah, Naperville, Oak Brook, Oakbrook Terrace, LOT 68 IN YORK WOODS, BEING A SUBDIVISION OF PART OF THE EAST ONE-HALF OF SECTION Roselle, Villa Park, Warrenville West Chicago Wheaton Winfield Wood Dale 25,TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL ME- RIDIAN, ACCORDING TO THE PLAT THEREOF RE- COR DED October 5,1962 AS DOCUMENT R62.35479, IN DUPAGE COUNTY, ILLI- NOIS. Permanent Parcel Count y(•leS) of DuPage No.06-25-201.007 All persons desiring to be and State of Illinois, continuously for more than one year prior to the date of the first heard will be afforded an op- portunity to do so and may submit their statements orally or in writing or bath. publication of the notice hereinafter referred to and is of general circulation throughout said The hearing may be re- cessed Village(s), County(ies) and State. lice of time and place e thereof is publicly an- nounced at the hearing or is given by newspaperpubli- cation not less than five(5) days prior to the date of the I further certify that the DAILY HERALD is a newspaper as defined in "an Act to revise recessed hearing. In accord with the Provi. the law in relation to notices" as amended in 1992 Illinois Compiled Statutes, Chapter 715, sions of the American with Disabilities Act, any indi- vidual who is in need of reasonable accoo mmodation n t Act 5 Section 1 and 5. That a notice of which the annexed printed slip is a true copy, was In order to participate in or benefit from attendance at this public meeting should published May 18, 2007 in said DAILY HERALD. contact Jeffrey Moline,the Village's ADA Coordinator, at 670-368.5022 as soon as Possible before the meeting date. IN WITNESS WHEREOF, the undersigned, the said PADDOCK PUBLICATIONS, Inc., The petitioner's application has caused this certificate to be signed by, this authorized agent, at Arlington Heights, Is on file with the Village Clerk and with the Director Illinois. of Community Develop- ment. Persons wishing to examine the petition docu- ments may arrange to do so with the Director of Com- munity Development, Rob- ert Kollien. Village of Oak Brook, 1200 Oak Brook Brook,Road,Oak IL 60523, telephone 630.368.5103. Linda la Clerk Village Clerk PADDOCK PUBLICATIONS, INC. Published at the direction of the Corporate Authorities DAILY HERALD NEWSPAPERS and the Zoning Board of Ap- peals of the Village of Oak Brook, DuPage and Cook Counties,Illinois. Published in Dally Herald May 18,2007(3928574) BY Authorized Agent Control # T3928574 y PGA OF Oqt�9 v , O O mops= G O C�coUN-TI,��. AGENDA ITEM Regular Board of Trustees Meeting of May 22, 2007 SUBJECT: Referral - Hu- 11 Dover - Variation—Rear Setback FROM: Robert L. Kallien, Jr., AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to refer the request for a Variation to the Zoning Board of Appeals for public hearing at its June 5, 2007 meeting. Background/History: Mr. Sean Hu, the current owner of the property located at 11 Dover Drive in York Woods has submitted a petition seeking approval of variation to Section 13-3-5 of the Zoning Ordinance to permit the construction of detached garage. Recommendation: Please refer the request for a variation to the June 5, 2007 Zoning Board of Appeals meeting for public hearing. S BOT-Referral-11Dover-VAR Rear Yard-2007.doc ` ri F oq v< h VILLAGE OF OAK BROOK Interoffice Memorandum DATE: May 22, 2007 TO: Robert L. Kallien, Jr., Director of Community Development FROM: Dale L. Durfey, Jr., P.E., Village Engineer` SUBJECT: 11 Dover Drive—Variation to Section 13-3-5 to Construct a Detached Garage in the Rear Yard As per your request of May 16, 2007, and the P & Z Policy, Phil and I have reviewed the file you forwarded since site plan drawings were included with the application. As we understand it, the applicant is seeking approval of a variation to the York Road setback so that a detached garage can be constructed near the northwest corner of Lot 68. After reviewing the file, there does not appear to be any engineering issues. Doing a rough scaling of the site plan and the estimated disturbed area, I calculate an area approximately 80' x 50' = 4,000 square feet. According to a policy memo dated July 11, 1983 (copy attached) and Section 9-7-2A of the Village Code, developments that disturbed more than 2,500 square feet of ground cover require a Stormwater Management Permit from the Engineering Department. Therefore, an Engineering Permit Application needs to be submitted. 11 Dover garage rk.doc 1 13-3-6: ACCESSORY USES AND STRUCTURES: A. General Regulations: 1. Accessory uses and structures shall be compatible with the principal use and shall not be established prior to the establishment of the principal use. 2. Accessory uses shall not include the keeping,propagation or culture of pigeons, poultry, rabbits,bees, livestock or other nonhousehold animals for profit, except on such lots where the pursuit of agriculture is a permitted principal or accessory use. 3. Except as otherwise regulated for specific principal uses, an accessory structure hereafter erected, altered, enlarged or moved in a lot shall conform with the following: a. A detached accessory structure shall not be nearer than ten feet (10') from the nearest wall of the principal structure, and for each foot over ten feet (10') in length that the wall of an accessory structure parallels and is next to the principal structure, the required distance between the structure shall be increased by an additional one-half foot (1/2'). b. An accessory structure shall not be located in any required front or side yard. c. Accessory uses and structures shall not be located, erected, or altered in required yards, except as provided in subsections Aid, Mg, and B of this section. Oetached accessory structures in a required rear yard in a residential district shall: (1)Be not more than fifteen feet(15') in height except for detached garages that are not constructed with a continuous flat roof. (See subsection A3h of this section for detached garage heights.) (2) Cover not more than thirty percent (30%) of the rear yard. (3)Be located not less than five feet (5') from the side or rear lot line. e. Accessory structures which are only permitted in required rear yards shall not be constructed within the buildable area between the principal structure and adjacent streets along the front or side lot lines unless a setback equal to double the required front or side yard setback is maintained from the front or side yard lot line to such accessory structure. f. Except as provided in subsection Mg of this section, for an accessory structure containing a dwelling unit or lodging rooms for domestic employees or temporary nonpaying guests of the occupants of the principal dwelling, no detached structure accessory to a single-family detached dwelling hereafter erected or altered at any location on a lot shall be more than one story nor more than fifteen feet (15') in height; a detached accessory structure shall not be nearer than ten feet (10') from the nearest wall of the w 0 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) 40�. 3F) 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, except front yards abutting York Road and 22nd Street shall have a depth of not less than one hundred feet(100'). 2. Side: Not less than twelve feet (12') in depth except: a. A side yard abutting a street shall be not 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'); d. Side yards abutting York Road and Cermak Road shall have a depth of not less than one hundred feet(100'). 3. Rear: Not less than forty feet(40') in depth. (Ord. G-60, 3-22-1966; Ord. G-83, 4-9-1968; Ord. G-203, 12-14-1976; Ord. G-730, 9-23-2003) II l- 2t3.t8 101.08 ITZ.T3 t�o_"20--- ------------ � wnt_Kwa,Y EtasEa•tiENT�_ ` `+ t t� N 'T-'--------- �� tj o CA a 0 W MM ti o f !9 !/ 'L IO 4' s �. S �• Yso In v i @ QO 00• �• ` l)1 68Z3 CPS S7.(08' Jrb.o' gyp S a O (p 0) Q. 0 100,C)p' S o' loop 8fo.4� Z9.oT� 40.81' RAA=377.p• � (Y) 1 A Al C —_ 0 1GS.00• to1.47' 35.0 7T•t�. A ? _ g3 0 (n OD W 9 N i � $ --j0- ►a3-of–!_1__- ' s 4:10 d EASE EMT �tn cn l ---- 4 LLS 4Ro - "' 4 � 32.04 ------- -�2lglea=----� ___ 0 — o n r �. r N � •'�, �S� 8C0 i LINE To CA S T O g / N tD " .���`• � tto8.o� S•48 55ot�`�. � .l� t0Z'S y 4?q �+@ 07 .e-o r q� �VV• c y s � biz a 1�*� �3 - / 1 � :u 3� �'�•tly�" q, da"F' � -. eR00K � �fr�,aa",,„ � _ � i3 5 3 3 � m.b-.",,s«E..�3 ndi ,x��.saF�•h'3a. F..••,r PETITION APPLICATION for �� PUBLIC HEARING ZONING ORDINANCE: ❑ APPEAL ($300) 0 VARIATION ($759j ❑ AMENDMENT ($750) ❑ SPECIAL USE ($750) STORMWATER ORDINANCE: ❑ VARIATION ($750) PUBLIC HEARING SIGNS ($50-each lot frontage) ❑ -Enter Number of Street Frontages/Per Parcel q HIS £ APPLICAI1ff TO COMPLETE s W 3 � �`,; s�ai�i4iF,�tti1�'�.�>; '�� 'Y',� �', ���.u,�'�y�N., .A�'`4,a: .'3�': ?x;F �q3 a o a �i'• ,". LOCATION OF SUBJECT PROPERTY 1 01/��'- PERMANENT PARCEL NO*. 010 LOT NO. 68' SUBDIVISION 10 ek w ak, LEGAL ADDRESS* !/ Do tl,e r If ZONING DISTRICT ZONING ORDINANCE SECTION I3 — 3 C ACTION REQUESTED ya ri A T l o l-0 ?'n xo Rk PROPERTY INTEREST OF APPLICANT: OWNER V CONTRACT PURCHASER AGENT OWNER(S)OF RECORD S r-R tJ f`E PHONE 6 3 0 T:72_-1W ADDRESS Ll e I-' CITY STATE ZIP BENEFICIARY(IES)OF TRUST PHONE ADDRESS CITY STATE ZIP NAME OF APPLICANT(and Billing Information) SG{ lti1 PHONE ADDRESS CITY STATE ZIP Contact Name and E-mail Address(s) 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. ignature o wner Date Signatu of Applicant Date DO NOT WRITE IN THIS SPACE FOR OFFICE USE ONLY ra x, �, ;,ate 6 `"£,�� K °'�3 �" .a§ u "� -s r:? •a £ £ �"Ca,^ s e ,x"F 'a »�y srw .b k 4 xt r i 3K, r kpgyiCr, ,J. �>• 3j 1 -xs� 5 �0� t '_',. '�t �iC•Aiki F+ yy A £, fP t. g_"a ' ' $o�C I1LI^�T .9 Wbd.I�t1bliAs`he ., ++ t�� �5 8 �kl t Ci�Jr3$ }YVCi$�. np r'*2;'N•�.n ( � #° wµ i �• `_„¢ * gRa - a <, A fi firs Om. Sldr► a Zoningf 5 E� ]rd QCtl�t �°..e � ” FF1Cdk0f5t �y ra?w xa Kai stir: `� a� 0 r„t LSY55f,0�d$ ,. ,` �. v:'a :n ncey 1.I� .� rr^ �• ka PUBLIC HEARING Packet-5/1/2007 A Letter of Explanation I applied for and was issued a permit to a build a detached garage that complied with all local building codes and Zoning Ordinance requirements for the Village of Oak Brook. I also obtained prior written approval from the York Woods Homeowner Association to construct the detached garage (copy attached). During the construction of the garage, it was discovered that the grass buffer behind my property was actually part of the York Road right of way. This resulted in the home, along with several other properties in the York Woods subdivision along York Road to be nonconforming due to this conflict in the Village Code. I received a letter from the Village (copy attached) advising that I would need to seek and receive approval of a variation in order to complete the construction of the garage. It is a flag lot. There is a 40-foot front setback on Dover and now a 100-foot setback requirement along the property line that abuts the York Road right of way, instead of what was believed to be 40 feet. This conflict in the Zoning Ordinance has required that I cease construction of the garage and has created an undue hardship and if required to comply with the more restrictive setback would be a very costly expense. I respectfully request that the Village Board and Zoning Board of Appeals grant the variation to the York Road setback and allow the garage to be constructed as submitted and as previously approved by the Village under Permit Number 07-2-210. Thank you Sean u Variation Standards 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 100-foot setback requirement along York Road along with the 40 foot front yard setback makes the current residence nonconforming and the property useless with a buildable area as small as 8 feet on portions of the lot. Approximately half of the existing home encroaches into the 100-foot York Road setback. Without the requested relief the removal of the garage under construction will be very expensive project. 1. b. The plight of the owner is due to unique circumstances. RESPONSE: It was discovered that there is a conflict within the Zoning Ordinance, which the Village will be studying and hopefully recommending changes, so that my property and several others like it will conform to the required setbacks for R-3 zoned parcels. At this time I am seeking the variation to allow the completion of the garage. 1. c. The variation, if granted, will not alter the essential character of the locality. RESPONSE: It will not alter the essential character and will conform to the requirements imposed on the parcels within the subdivision in the R-3 District. The York Road Homeowner Association has approved the proposed garage structure, its location and it conforms to all other zoning and building codes. 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: Without the relief to the rear yard setback the garage cannot be constructed and built and the existing residence is nonconforming. 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: Of the 13 properties in York Woods that back up to York Road, at least 11 are not built in conformance with the 100-foot setback from York Road. 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 rear yard of the property is screened with significant vegetation and the proposed garage would be very difficult to be seen from York Road. Since it is a flag lot it would not be seen from other properties within the subdivision and the proposed location would have the least impact on the neighboring properties. 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 location of the garage will not impact any other residence and will not diminish property values. The garage compliments the existing residence. 2. e. That the purpose of the variation is not based exclusively upon a desire to make more money out of the property RESPONSE: Without the relief sought, the lot will be nonconforming and would be significantly reduced in value. If destroyed by fire it could not be rebuilt as it is. Without the relief sought, it would be a very costly expense to remove the garage and would be impossible to relocate on the lot. 2. f. That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. RESPONSE: The issue with the lot is based upon the conflict that exists with the Village Code and was not created by the current owner. The conflict existed when the original residence was constructed. i Apr 19 07 02: 36P Cascio 630- 954-0233 P• 1 • • v6wt oA- 'Tio oam tNm VtrniV Dqk,, 5em W:* ti. of -jib WV15 M e tr CP% atAA0 oo . ,Avtk.-v."k RECEIVED APR 19 2007 VILLAGE OF OAK BROOK COMMUNITY DEVELOPMENT pvE OF O,qr `. 90 � _ f 9 A May 10, 2007 O h G C c`cCOUNT4 ' Mr. Sean Jing Hu 11 Dover Drive Village of Oak Brook, IL 60523 Oak Brook 1200 Oak Brook Road Re: Building Permit#07-02-210 Oak Brook,IL 60523-2255 Website Dear Mr. Hu; www.oak-brook.org Administration After consultation with the Village Attorney, it has been determined that building 630.368.5000 FAX 630.368.5045 permit #07-02-210 issued on April 23, 2007 for a new detached garage on your property at I 1 Dover Drive is in conflict with the Village of Oak Brook Zoning Community Ordinance. As such all work related to this permit must stop. Development 630.368.5101 FAX 630.368.5128 The permit depicts a setback along York Road of approximately 21 feet. Even though the Village Code does permit accessory structures to be located within 5 Engineering feet of rear property line, Section 13-3-5 of the Zoning Ordinance states" 13-3-5: Department SETBACKS ALONG STREETS: 630.368.5130 FAX 630.368.5128 Minimum setbacks on lots abutting a street shall be as required for Fire Department yards in the district in which they are located and shall be measured 630.368.5200 from the street line, or from the proposed street line if one has been FAX 630.368.5250 designated on the official map; except that the setbacks along 22nd Street and that portion of York Road north of the intersection with Police Department 630.368.8700 31 st Street shall not be less than one hundred feet (100') as measured FAX 630.368.8739 from the property line; that the setbacks along that portion of York Road lying south of the intersection with 31 st Street shall not be less Public Works than one hundred feet (100') from the centerline; and setbacks along Department 630.368.5270 Oak Brook Road (31 st Street) shall not be less than one hundred ten FAX 630.368.5295 feet (110') from the section lines, except the setbacks falling within or adjacent to the plats of subdivision of Brook Forest unit 2 and Oak Brook Briarwood Lakes subdivision shall be not less than one hundred ten Public Library feet (110') from the now existing center line of Oak Brook Road (31 st Street) as shown on said plats. 600 Oak Brook Road Oak Brook,IL 60523-2200 Because there is an apparent conflict in the Village Code, the Attorney has advised 630.368.7700 that the more restrictive provision prevails. As such, any new structure built along FAX 630.368.7704 York Road must adhere to the 100-ft. setback. Oak Brook Sports Core For you to continue construction, you will need to either apply for and receive Bath&Tennis Club approval of a variation to the above referenced section or request a text amendment 700 Oak Brook Road which permits accessory structures in a required rear yard along York Road. Either Oak Brook,IL 60523-4600 request will require the approval by the Village Board of Trustees. I have 630.368.6420 q FAX 630.368.6439 discussed this matter with my assistant Gail Polanek, who will assist you in preparing a request. Gail can be contacted at(630) 368-5106. Golf Club 2606 York Road Oak Brook,IL 60523-4602 630.368.6400 FAX 630.368.6419 I truly apologize for any inconvenience that this finding causes you. Staff stands ready to assist you in preparing an application so that it can be forwarded to the Zoning Board as soon as possible. Sincerely, DEPARTMENT OF COMMUNITY DEVELOPMENT Robert L. Kall en J A<P Director cc: Jeff Moline, Assistant Village Manager II PLAT OF SURVEY OF LOT 68 IN YORK WOODS, BEING A SUBDIVISION OF PART OF THE EAST 1/2 OF SECTION 25, TOWNSHIP 30 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED N OCTOBER 5, 1962, AS DOCUMENT NUMBER R62-35479, IN DuPAGE COUNTY, ILLINOIS. ADDRESS: 11 DOVER DRIVE, OAK BROOK, ILLINOIS h�G FOUND IRON PIPE 0.,2 N.&0.05 R. SCALE: 1"=401 d t yy J y^�,J wA a aft1.� ? 5 y� ^tK del •. 17 FOUND IRON PIPE I.19 S. k 0.0E E. d 5 Iil'.I. N 9010000'E w 146.76 45.00-- u,I, nwi 6n,4„w LNG O —1 ry l s I ;'`;...,., .,,• m .. ` 5.32\�\-k� yyry ti0�. ry '9 �P�����T� NO 2E'� ��9fP —28.85— S fx =N cy)° 41- 1 -J I 10 FT.UTILITY EASEMENT �.,__I �•I S 89'32'10'W HOOD FENCE 178.E 1 WOOD FENCE 1.4 N..000 FENCE 1.0 N. FOUND CONCRETE MONUMENT 3.9 N. t1 i I— y i O.E.l B. &0.00 E. I Y FOUND IRON PIPE 0.25 S.k 0.21 W. j Iii l LAND AREA SURVEYED = 40,998.5 Sq. Ft. ,,%%�%oo OF I(�,,r�I ,, (LAND� `�� T0: MICHAEL STEIN Q ROFESSIONAL SURVEYOR Z THIS IS TO CERTIFY THAT WE, PREFERRED SURVEY, INC., ILLINOIS MICHAEL J. CORPORATION n PROFESSIONAL LAND SURVEYOR CORPORATION NO. 116 HAVE SURVEYED 1 A T I noes 7 (e.S N1n I 1 c. THE PROPERTY DESCRIBED HEREON AND THAT THR PLAT RHnWN HRRF.nN 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 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 PROPERTY ADDRESS PARCEL OWNER PROPERTY OWNER CA-itLS aw r /Or -VC 5r �G�/�� � (.t 0 l O �U�12 T(?-cl.JT �.� � t VU0 S cVz Qlviti-D Wvupw �Wt g duvt�IL Irl 0(o.2 J--.;?o ._e-)6 & �Lri-r t-1�c(CI(' 9,4i-PI-4 Av T G 6,Uo i.I had C ST Imo,a 40 �`U E L rt.Zi2Z -13 L,L r a � is o,e-„ Db-aT ad G `/ poi S LE (J/Pj 9 G3 yo 4 Ne t 4I e A No-C*-rL C LA.tiP 4-Pt i e G G► 7 ��1 (,tJ I�FA v iS�� 4/1) 17 rcL. 1'01w /a- 4)b tviN0sc) a v y ,cA ©/v -,2 5- - moo tr z 1 i/40Fae0 3 !` l b:2r'a6� , 0 �� �tIvL•�kS �A��t S 111.6 3,S-" S, 0.3 1�,3 5 p ),3 ST 10 r • r (Attach additional sheets if necessary) PUBLIC HEARING Packet-5/1/2007 0 Certification I* Surrounding Property Owners I (we) certify that the names and addresses of all the surrounding property owners including mailing labels submitted with this application are located within a minimum distance of 250 feet in all directions from the perimeter of the subject property and that the number of feet occupied by all public roads, streets, alleys, and public ways has been excluded in computing the 250-foot requirement. Said names and addresses are as recorded in the office of the County Recorder of Deeds (or the Registrar of Titles of the County) and as appear from the authentic tax records of this County. The property owners as listed have been obtained from the Township Assessors office within 30 days of the filing of this application. The surrounding property owners list as submitted herewith and supporting attachments are true to the best of my (our) knowledge and belief. (we) give permission to the Village to install public hearing sign(s) on the lot frontages of the subject property as described in the Village Code. In addition to the required application fees, applicant/owner agrees to reimburse the Village for publication costs, recording fees, and any other associated costs or fees within 30 days of billing. Printed Name of Owner Printed Name of Applicant :5-a ►.A t°_ Signature of Owner Date Signature of Applicant Date BILL TOINFpRMATIQN Print Name/Company Contact Person Contact Phone Address To be Billed Alternate Phone I NOTE: If the applicant/owner has not complied with these requirements and notification has not been sent to a neighboring property owner within the 250-foot requirement less than 10 days prior to the scheduled hearing, the hearing on this matter will be postponed to the next regular meeting, or until such time as all neighbors within the 250-foot requirement have been sent proper notification. PUBLIC HEARING Packet-5/1/2007A. Subiot Property Verificat* (Complete a separate form for each P.I.N.) 1. Permanent Index Number (P.I.N. from Real Estate Tax Bill): 2. Common Address: 11 Dd vex- 3. Type the Complete Legal Description Below. (Attach a separate page if longer than the area provided) 4. Email the Legal Description to gpolanek anoak-brook.org 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: Date called: I verify that the information provided above is accurate. 5&Ar ti Printed Name Signature Date: Relationship to Applicant: ;fro M-10 < �a a3,re��+,<N ,a,,, �:i ' `�s,:dm: `=� �' %�,` z`'� +:.� z ' la�',�J� ��+ �"1`��l �i�i6}�eUI��°��+,.,; � - 's'r, ,3'N F�"•'• Q � is , �y .,sa, �z' r` Y� PUBLIC HEARING Packet-5/1/2007 LOT 68 IN YORK WOODS, BEING A SUBDIVISION OF PART OF THE EAST ONE-HALF OF SECTION 25, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED October 5, 1962 AS DOCUMENT R62-35479, IN DUPAGE COUNTY, ILLINOIS. Permanent Parcel No. 06-25-201-007 1p od L. . t �l . .xrc� , 2 �usT I gxl,S wo ` 2 h Aor 1�8;01 per. T b Or%QAVi�f No '1$� �•�� sr. if `!I -I, LL, rM SITE PLAN DAteo Jwr M. X06 ?St Flo, OW2016.. PLAT OF SURVEY OF LOT 66 IN YORK WOODS, BEING A SUBDIVISION OF PART OF THE EAST 1/2 OF SECTION 25, TOWNSHIP 30 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN. ACCORDING TO THE PLAT THEREOF RECORDED N OCTOBER 5, 1962, AS DOCUMENT NUMBER R62-35479, IN DuPAGE COUNTY, ILLINOIS. ' ADDRESS: 11 DOVER DRIVE, OAK BROOK, ILLINOIS FOUND IRON PI PD •(jJ 0.I4 N.h0.000. SCALE: i"=40' �,hY G�41 N�`,�h y"tr�C FOUND IRON PR :tj�_:.,p•.} `. ti 146.76 X5.00. ro N G1.06.W lyc,0 ,.SA•..1jr^ \ •4 n(riftilkY.:cl?,��5�•�9�a°' �t•.it' s6 b 45+ �rCi°iaiRk�4k���•c`' 5.32—.-1- 62.3 �;.^ �� ?;�s• ,A p Z " y�� 45 ; OD p" T O Z N >-1 i 1 -----_.__-._----•.-------_....-.._ 1 ID rt.U'b1J'IT ussweNr N, F^F t $047710'Im > f = « 1.0 C N. MOOD PCNCC 0000 FENC ••-h 7;J 1000 PENCE 178.01 IA N. {ryl v •i UND NC CORETE MONUMENT 0.00 C. �• OtEU S ORi14. i C? � _N l.ey.i LAND AREA SURVEYED = 40,998.5 Sq. Ft. a,`'kKffi + V��fii 44�p s UR To. MICHAEL STEIN ip ow *�� +t* PROFESSIONAL r W LAND SURVEYOR -4 THIS 1S TO CERTIFY THAT WE, PREFERRED SURVEY. INC., ILLINOIS l MICHAEL J..1 ., p CORPORATION 0 PROFESSIONAL LAND SURVEYOR CORPORATION NO. 116 HAVE SURVEYED r: LOPEZ ?o NO. 116 T11E PROPERTY DESCRIBED HEREON AND THAT THE PLAT SHOWN HEREON y � 3 { . AL ,y R l . 8 .� Y� lk vow F,oft ,i -'16 ` c ww - � d f CAA !!! t ,fla • I r 3 ;6«� � 3,i' � iii ii yj �.��` `- � `y. ` • 1 ! r � 1 A v ;• ` yam„ •�: i1����-`.'i_ � .. Vv PLAT OF SURVEY OF LOT 68 IN YORK WOODS, BEING A SUBDIVISION OF PAR`]' OF THE EAST 1/2 OF SECTION 25, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 5, 1962, AS DOCUMENT NUMBER R62-35479, IN DuPAGE COUNTY, ILLINOIS. ADDRESS: 11 DOVER DRIVE, OAK BROOK, ILLINOIS d0 P FOUND IRON PIPE - � 0.12 N. & 0.05 W. 1 "-40' Alsir o-� lb P FOUND IRON PIPE 1.19 S. & 0.05 E. N 90'00'00" E / 146.76 j to 24 55.32- -47 �-?- zs ryy3 ryp .s' t 5.1 ?J 0 5 3q Jj���+t�;4 35 w � -6 eQ �� nV, 960 28.8 stp a g o T- ZN � c Ln i C� -------------------------------------------------------------- Lr < 10 FT. UTILITY EASEMENT r- `a �y S 89'3^x2'10" W WOOD FENCE 178.01 1 t;"}! N000 FENCE ...y`, 1.0 N. WOOD FENCE 1.4 N. `..�' (t FOUND CONCRETE MONUMENT 3.9 N. =I1 0.84 S. & 0.08 E. rl , FOUND IRON PIPE �., 0.25 S. & 0.21 W. 1 U EA SURVEYED = 40,998.5 Sq. Ft. zz %01466 !8#11164 4q,1) S UR ®��� �P.��OF IQ v, 10, �4 v�� T0: MICHAEL STEIN 1%*�•• ' r�t' PROFESSIONAL f t C LAND SURVEYOR -Z THIS IS TO CERTIFY THAT WE, PREFERRED SURVEY, INC„ ILLIP j MICHAEL J. t a CORPORATION n PROFESSIONAL LAND SURVEYOR CORPORATION NO. 116 HAVE S t LOPEZ NO. 116 THE PROPERTY DESCRIBED HEREON AND THAT THE PLAT SHOM (% 35-3229 STATE OF IS A CORRECT REPRESENTATION OF THAT SURVEY, ALL DIMENS (� ILLINOIS v HEREON ARE IN FEET AND DECIMALS THEREOF. THIS PROFESS] r l��'• •' �v1 �' SERVICE CONFORMS TO THE CURRENT ILLINOIS MINIMUM STAN] �♦,oi�I�AL I.ANO,�� r�G E V 1 AGREEMENT•MY R LICENSE PROPERTY CORNERS ARE RENEWS ON NOVEMBERS 30, 2006. E ��rl9ft011.<< GIVEN UNDER OUR HAND AND SEAL AT BRIDGEVIEW, ILLINOIS, 19TH DAY OF JULY A.D. 2005 PREFERRED SURVEY, INC . 7845 W. 79TH STREET, BRIDGEVIEW, IL, 60455 F S N 7URVEYOR CORPORATION j Phone 708-458-7845 / Fax 708-458-7655 P.S.I. N . 05 2 8 FLD CREW CAD • --- c... F - ^ L i 1.. M _ pct ICe. for- . ...._.... i EAST ELEVATION. ,PIREFtN �►rd � '. 1f . f- , -- --- -- — —— -- - - - -- - _ _- a * - - -- - _ - - --- _ _ --- WEST ELEVATION , ��� !0 _ All - - -- -- - - ----- ----- --- -- --- -- IN -- - ---- VATI ON� SOUTH ELEVATION NORTH ELE '