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S-1134 - 09/13/2005 - ZONING - Ordinances Supporting DocumentsFAQ ,. . • Item 6.H. AGENDA ITEM Regular Board of Trustees Meeting of September 13, 2005 SUBJECT: Zoning Variation for Stewart's Subdivision FROM: Kenneth T. Kubiesa, Village Attorney BUDGET SOURCE /BUDGET IMPACT: None RECOMMENDED MOTION: I move to pass Ordinance 2005- ZO- V -EX1 -S -1134, An Ordinance Granting Variation from the Provisions of Title 13 (Zoning Regulations) of the Village Code of the Village of Oak Brook Relative to Lot Area Requirements Background /History: This Ordinance grants a variation pertaining to lot area requirements for the property at 3109 York Road. Recommendation: I recommend that Ordinance 2005- ZO- V -EX1 -S -1134 be passed. T ast saved by rkane i 1A1 T nOC'SMBOARD MFMOS\Stewart Var doe FRED B jjCHOo R DUPAGE GO RECD 4;05 PM NOV.21,2005 06-36-200-053 OTHE R 112005-260243 005 PAGES (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 2005-ZO-V-EX1-S-1134 AN ORDINANCE GRANTING VARIATION FROM THE PROVISIONS OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO LOT AREA REQUIREMENTS Property Address/es 3109 YORK ROAD AND 405 OAK BROOK ROAD _ (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.) OAK BROOK, IL 60523 Pin/s Number 06-36-200-053 06-36-200-058 Name & Address of Applicant: MR. WARREN STEWART P.O. BOX 6336, VILLA PARK, IL 60181 Name & Address of Responsible MR. WARREN STEWART Party to Receive Copy of P.O. BOX 6336 Recorded Document and Billing: VILLA PARK IL 60181 G/L Account # to be Charged: 10-1365 Prepared By: Village of Oak Brook Return To- illage of Oak Brook 1200 Oak Brook Road 1200 Oak Brook Road Oak Brook, Illinois 60523 Oak Brook, Illinois 60523 Name & Address of Recipient N/A _.._ of Consideration (when applicable): G/L Account # to be Charged: ORDINANCE 2005-ZO-V-EX1-S-1134 AN ORDINANCE GRANTING VARIATION FROM THE PROVISIONS OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO LOT AREA REQUIREMENTS (3109 York Road and 405 Oak Brook Road, Oak Brook, Illinois 60523) (PIN 06-36-200-053, 06-36-200-058 respectively) 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; and WHEREAS, Mr. Warren Stewart (Petitioner), the owner of certain properties, commonly known as 3109 York Road and 405 Oak Brook Road, Oak Brook, Illinois 60523 and legally described as follows in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Petitioner has submitted a Petition requesting a variation for the Subject Property; and WHEREAS, on August 2, 2005, the Zoning Board of Appeals conducted a public hearing at the Butler Government Center, 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 found that the Petitioner addressed the standards as required by the Zoning Ordinance for approval of variations and that the variation would be designed so that the public health, safety and welfare will be protected and there will be no substantial injury to other property in the neighborhood; and WHEREAS, the Zoning Board of Appeals made specific findings of fact and recommendation for approval of the following variation: 1) A variation from the provisions of Section 13-6B-3A, Lot Area Requirement, to permit the further reduction of the required lot size; WHEREAS, the Zoning Board of Appeals recommended approval of the above requested variation; and WHEREAS, the Village President and Board of Trustees concur with the findings and recommendations made by the Zoning Board of Appeals as amended by their recommendation; 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 RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS,AS FOLLOWS: Section 1: That the recitals hereto are incorporated as part of this ordinance. Ordinance 2005-ZO-V-EX1-S-1134 Granting Variation,Title 13 re Lot Size 3109 York Rd,405 Oak Brook Rd. 06-36-200-053,06-36-200-058 Page 2 of 3 Section 2: A variation from the provisions of Section 13-6B-3A of the Zoning Regulations of the Village Code of the Village of Oak Brook is hereby granted to allow for a reduction of the required lot size to the property located at 3109 York Road. Section 3: The above variation must be in substantial conformance with the Final Plat of Subdivision known as Stewart's Subdivision prepared by Glen D. Krisch Land Surveyor, Inc., dated July 13, 2005, which denotes the reduction of lot area to 26,666 square feet (labeled page zz of the case file). , Section 4: The provisions of Ordinance S-469 dated February 10, 1981, which permitted a reduction in the side yard setback to not less than nine (9)feet on the north side of the property located at 3109 York Road, are considered unique and shall be continued in full force and effect. Section 5: This Ordinance is limited and restricted to the property legally described herein. Section 6 All ordinances or parts thereof in conflict with the provisions of this ordinance be and the same are hereby repealed to the extent of such conflict. Section 7 Notwithstanding the approval herein of the above-mentioned plans, exhibits, and Booklet, the Petitioner shall meet all Village ordinance and code requirements as in effect at the time of the issuance of a building permit or permits. Section 8 This ordinance shall be in full force and effect from and after its passage and approval as required by law. APPROVED THIS 13th of September, 2005. �<_ K/vin Quinlan, illage Preside t PASSED THIS 13th day of September, 2005. Ayes: Trustees Craig, Kennedy, Manofsky, Sanford and Yusuf I Nays: None Absent: Trustee Aktipis Sy F 0,44, ATTEST: d ` n Linda K. Gonnella, CMC Village Clerk '( >� a .4�/1 Ordinance 2005-ZO-V-EX1-S-1 134 Granting Variation,Title 13 re Lot Size 3109 York Rd,405 Oak Brook Rd. 06-36-200-053,06-36-200-058 Page 3 of 3 EXHIBIT A PARCEL 1: LOT 1 IN FLEISHMAN'S ASSESSMENT PLAT OF PART OF THE WEST %2 OF THE NORTHWEST '/4 OF THE NORTHEAST '/4 OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 26, 1981 AS DOCUMENT R81-09757, IN DUPAGE COUNTY, ILLINOIS. PARCEL 2: THAT PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBE BY BEGINNING AT A POINT 451.0 FEET EAST OF THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH, PARALLEL WITH THE WEST LINE OF SAID NORTHEAST QUARTER, 221.14 FEET TO A POINT ON THE NORTH LINE OF FLEISCHMAN'S ASSESSMENT PLAT, RECORDED FEBRUARY 26, 1981 AS DOCUMENT R81-09757; THENCE EAST ALONG THE NORTH LINE OF SAID LOT 1, 167.98 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH, ALONG THE EAST LINE OF SAID LOT 1, BEING A LINE 33.0 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 36, AND ITS EXTENSION SOUTH, 174.50 FEET TO A CORNER OF LOT 1 IN SUE BOON SUBDIVISION, RECORDED APRIL 20, 2000 AS DOCUMENT R2000-057217; THENCE EAST 33.0 FEET TO THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 36; THENCE NORTH ALONG SAID EAST LINE, 396.24 FEET TO THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 36; THENCE WEST ALONG SAID NORTH LINE, 200.51 FEET OT THE POINT OF BEGINNING, EXCEPTING THEREFROM THE NORTH 50.0 FEET, ALL IN DUPAGE COUNTY, ILLINOIS. 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 September 13, 2005 , the corporate authorities of the above municipality passed and approved Ordinance 2005-ZO-V-EX1-S-1134 , AN ORDINANCE GRANTING VARIATION FROM THE PROVISIONS OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO LOT AREA REQUIREMENT 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 THE WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 28t1iay of September 2005, 4,IZ5� 0 D sg ` 4,. 79l � Linda K. Gonnella, CMC Village Clerk Village of Oak Brook DuPage and Cook Counties, IL w ORDINANCE 2005-ZO-V-EX1-S-1134 AN ORDINANCE GRANTING VARIATION FROM THE PROVISIONS OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO LOT AREA REQUIREMENTS (3109 York Road and 405 Oak Brook Road, Oak Brook, Illinois 60523) (PIN 06-36-200-053, 06-36-200-058 respectively) 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; and WHEREAS, Mr. Warren Stewart(Petitioner), the owner of certain properties, commonly known as 3109 York Road and 405 Oak Brook Road, Oak Brook, Illinois 60523 and legally described as follows in Exhibit A, attached hereto and made a part hereof; and WHEREAS, the Petitioner has submitted a Petition requesting a variation for the Subject Property; and WHEREAS, on August 2, 2005, the Zoning Board of Appeals conducted a public hearing at the Butler Government Center, 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 found that the Petitioner addressed the standards as required by the Zoning Ordinance for approval of variations and that the variation would be designed so that the public health, safety and welfare will be protected and there will be no substantial injury to other property in the neighborhood; and WHEREAS, the Zoning Board of Appeals made specific findings of fact and recommendation for approval of the following variation: 1) A variation from the provisions of Section 13-66-3A, Lot Area Requirement, to permit the further reduction of the required lot size; WHEREAS, the Zoning Board of Appeals recommended approval of the above requested variation; and WHEREAS, the Village President and Board of Trustees concur with the findings and recommendations made by the Zoning Board of Appeals as amended by their recommendation; 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 RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS: Section 1: That the recitals hereto are incorporated as part of this ordinance. ti • ance 2005-ZO-V-EX1-S-1 134 Granting Variation,Title 13 re Lot Size 3109 York Rd,405 Oak Brook Rd. 06-36-200-053,06-36-200-058 Page 2 of 3 Section 2: A variation from the provisions of Section 13-6B-3A of the Zoning Regulations of the Village Code of the Village of Oak Brook is hereby granted to allow for a reduction of the required lot size to the property located at 3109 York Road. Section 3: The above variation must be in substantial conformance with the Final Plat of Subdivision known as Stewart's Subdivision prepared by Glen D. Krisch Land Surveyor, Inc., dated July 13, 2005, which denotes the reduction of lot area to 26,666 square feet (labeled page ii of the case file). Section 4: The provisions of Ordinance S-469 dated February 10, 1981, which permitted a reduction in the side yard setback to not less than nine (9)feet on the north side of the property located at 3109 York Road, are considered unique and shall be continued in full force and effect. Section 5: This Ordinance is limited and restricted to the property legally described herein. Section 6 All ordinances or parts thereof in conflict with the provisions of this ordinance be and the same are hereby repealed to the extent of such conflict. Section 7 Notwithstanding the approval herein of the above-mentioned plans, exhibits, and Booklet, the Petitioner shall meet all Village ordinance and code requirements as in effect at the time of the issuance of a building permit or permits. Section 8 This ordinance shall be in full force and effect from and after its passage and approval as required by law. APPROVED THIS 13th of September,2005. K/vin Quinlan, illage Preside t PASSED THIS 13"day of September, 2005. Ayes: Trustees Craig, Kennedy, Manofsky. Sanford and Yusuf Nays: None Absent: Trustee Aktipis �F 04� ATTEST: dA 4` �9 y Linda K. Gonnella, CMC �p Village Clerk ' o ,Q ance 2005-ZO-V-EX1-S-1134 Granting Variation,Title 13 re Lot Size 3109 York Rd,405 Oak Brook Rd. 06-36-200-053,06-36-200-058 Page 3 of 3 EXHIBIT A PARCEL 1: LOT 1 IN FLEISHMAN'S ASSESSMENT PLAT OF PART OF THE WEST % OF THE NORTHWEST % OF THE NORTHEAST 1/4 OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 26, 1981 AS DOCUMENT R81-09757, IN DUPAGE COUNTY, ILLINOIS. PARCEL 2: THAT PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBE BY BEGINNING AT A POINT 451.0 FEET EAST OF THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH, PARALLEL WITH THE WEST LINE OF SAID NORTHEAST QUARTER, 221.14 FEET TO A POINT ON THE NORTH LINE OF FLEISCHMAN'S ASSESSMENT PLAT, RECORDED FEBRUARY 26, 1981 AS DOCUMENT R81-09757; THENCE EAST ALONG THE NORTH LINE OF SAID LOT 1, 167.98 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH, ALONG THE EAST LINE OF SAID LOT 1, BEING A LINE 33.0 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 36, AND ITS EXTENSION SOUTH, 174.50 FEET TO A CORNER OF LOT 1 IN SUE BOON SUBDIVISION, RECORDED APRIL 20, 2000 AS DOCUMENT R2000-057217; THENCE EAST 33.0 FEET TO THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 36; THENCE NORTH ALONG SAID EAST LINE, 396.24 FEET TO THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 36; THENCE WEST ALONG SAID NORTH LINE, 200.51 FEET OT THE POINT OF BEGINNING, EXCEPTING THEREFROM THE NORTH 50.0 FEET,ALL IN DUPAGE COUNTY, ILLINOIS. STEWART 405 OAK BROOK RD- 3109 YORK ROAD) Variation - Lot Area Requirements INDEX PAGE CONTENTS 11-11.a Memorandum from Director of Community Development Kallien —August 23, 2005 Village Board Agenda 10 Recommendation Letter from Zoning Board of Appeals Chairman dated August 18, 2005 9-9 Zoning Board of Appeals Meeting Minutes dated August 2, 2005 8-8.c Plan Commission Hearing Information from Staff dated July 28, 2005 7.a Staff Report from Director of Community Development Kallien to Plan Commission dated July 28, 2005 6 Certificate of Publication dated July 12, 2005 5 Resident Letter dated July 12, 2005 4 Board of Trustees Referral Meeting Minutes June 28, 2005 (Not Included) 3 Referral Memo to Board of Trustees June 28, 2005 Agenda 2-2.a Ordinance S-469 dated February 10, 2005—3109 York Variation 1 Lot Area— R-2 Zoning District—Zoning Ordinance Section 13-613-3A. ******************* A-A.1 Application/Petition -Variation B List of Surrounding Property Owners (Complete list in Official file only) C Fee/Receipt D Certification E-E.1 Subject Property Verification and Legal Description F Signed petition of Adjacent Property Owners G Surrounding adjacent properties H-H.1 Letter of Explanation H.2 Rendering of lots with proposed changes Variation Standards I.I. Revised Final Plat dated July 13, 2005 (Included — Not Attached —from Final Plat File) G� OF 04 A- P 9 v 0 0 ca G O q vim= CF COUNT1,�~ AGENDA ITEM Regular Board of Trustees Meeting of August 23, 2005 SUBJECT: Stewart — 405 Oak Brook Road and 3109 York Road — Variation to Lot Area Requirement- Section 13-6B-3A FROM: Robert L. Kallien, Jr., AICP, Community Development Director /Vt/ 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 variation and authorize the Village Attorney to draft the necessary ordinance for final consideration at the September 13, 2005 Board of Trustees meeting. Backeround/History: Mr. Warren Stewart, the owner of the properties at both 3109 York Road and 405 Oak Brook Road has submitted a petition seeking approval of a variation to Section 13-6B-3A of the Zoning Ordinance in order to permit a reduction in the required lot size of the parcel at 3109 York Road. It is the applicants desire to make the lot at 405 Oak Brook Road conforming to the R-2 district standards by increasing its size by approximately 11,000 sq.ft. and by reducing the size of the 3109 York Road lot by a similar amount. In conjunction to this request, the applicant has also submitted a request to the Plan Commission seeking approval of two-lot subdivision and a variation to the Subdivision Regulations to permit a reduction in the parcel size along the rear portion of the 3109 York Road lot. With regard to the parcel located at 3109 York Road, the Village of Oak Brook previously approved ordinance S-469 which granted a variation to lot area and side yard requirements. Last saved by GPOLANEK J:\1-FROM BOB\Bot-PC-ZBA\BOT-Rec-StewartSub-VAR.doc A. Last printed 8/19/2005 12:52 PM � Recommendation: The Zoning Board of Appeals, by a vote of 4 to 0, recommended approval of the variation to the lot area requirements as requested subject to the following conditions: 1. Subject to the approval of the final plat of subdivision and variation to the Subdivision Regulations as recommended by the Plan Commission. 2. The provisions of Ordinance S-469 which permitted a reduction in the side yard setback for the parcel at 3109 York Road are considered to be unique and shall be continued in full force and effect. In making this recommendation, the Zoning Board of Appeals found that the petitioner has addressed the factors as required by the Ordinance for approval of a variation. In particular, it was found that the variation would be designed so that the public health, safety and welfare will be protected and there will be no substantial injury to other property in the neighborhood. Last saved by GPOLANEK J:\1-FROM BOB\Bot-PC-ZBAWT-Rec-StewartSub-VAR.doc Last printed 8/19/2005 12:52 PM �� . t 4 0 • of 044, a O O _y r' O A r V cecOUNiV � Village of August 18,2005 Oak Brook 1200 Oak Brook Road Village President Quinlan and Board of Trustees Oak Brook,IL 60523-2255 Village of Oak Brook Website 1200 Oak Brook Road www.oak-brook.org Oak Brook,IL 60523 Administration SUBJECT: Stewart — 405 Oak Brook Road and 3109 York Road — Variation to Lot Area 630.990.3000 FAX 630.990.0876 Requirements—Section 13-6B-3A Community Dear President Quinlan and Board of Trustees: Development 630.990.3045 FAX 630.990.3985 Background At its August 2, 2005 meeting, the Zoning Board of Appeals held the required public hearing on Engineering the application from Mr. Warren Stewart, the owner of the properties at both 3109 York Road Department and 405 Oak Brook Road who is seeking approval of a variation to Section 13-6B-3A of the 630.990.3010 Zoning Ordinance in order to permit a reduction in the required lot size of the parcel at 3109 FAX 630.990.3985 York Road. It is the applicants desire to make the lot at 405 Oak Brook Road conforming to the Fire Department R-2 district standards by increasing its size by approximately 11,000 sq.ft. and by reducing the 630.990.3040 size of the 3109 York Road lot by a similar amount. FAX 630.990.2392 In conjunction to this request, the applicant has also submitted a request to the Plan Commission Police Department seeking approval of two-lot subdivision and a variation to the Subdivision Regulations to permit 630.990.2358 a reduction in the parcel size along the rear portion of the 3109 York Road lot. FAX 630.990.7484 Public Works With regard to the parcel located at 3109 York Road, in 1981 the Village of Oak Brook approved Department ordinance S-469 which granted a variation to lot area and side yard requirements. 630.990.3044 FAX 630.472.0223 Public Comment All interested parties were notified of the public hearing. Several of the neighboring property Oak Brook owners were present and supported the request. No one spoke in opposition to the proposed Public Library variation request. 600 Oak Brook Road Recommendation Oak Brook,IL 60523-2200 630.990.2222 The Zoning Board of Appeals,by a vote of 4 to 0,recommended approval of the variation to the FAX 630.990.4509 lot area requirements as requested subject to the following conditions: Oak Brook Sports Core 1. Subject to the approval of the final plat of subdivision and variation to the Subdivision Regulations as recommended by the Plan Commission. Bath&Tennis Club 2. The provisions of Ordinance S-469 which permitted a reduction in the side yard 700 Oak Brook Road setback for the parcel at 3109 York Road shall be continued in full force and effect. Oak Brook, IL 60523-4600 630.990.3020 FAX 630.990.1002 Very trll yours, Golf Club 2606 York Road A//A. I Oak Brook,IL 60523-4602 630.990.3032 Champ Dav' FAX 630.990.0245 Chairman Zoning Board of Appeals /� r MINUTES OF THE AUGUST 2, 2005 REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON OCTOBER 4, 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 7:30 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairman Champ Davis, Members Richard Ascher, Manu Shah and Steven Young IN ATTENDANCE: Director of Community Development, Robert Kallien, Jr. 3. APPROVAL OF MINUTES: MINUTES REGULAR ZONING BOARD OF APPEALS MEETING OF MAY 31, 2005 Motion by Member Shah, seconded by Member Young, to approve the minutes of the May 31, 2005 Regular Zoning Board of Appeals meeting as written. VOICE VOTE: Motion carried. 4. UNFINISHED BUSINESS: UNFINISHED BUSINESS There was no unfinished business to discuss. 5. NEW BUSINESS NEW BUSINESS OA. STEWART — 3109 YORK ROAD AND 405 OAK BROOK ROAD — STEWART-3109 YORK RD AND 405 VARIATION TO ALLOW A REDUCTION IN LOT AREA OAK BROOK RD- REQUIREMENTS — SECTION 13-6B-3A — TITLE 13 OF THE REDUCTION T . LOT VILLAGE CODE—ZONING ORDINANCE SECTION 13-6B-3A Chairman Davis swore in the petitioner and property owner Warren Stewart. Mr. Stewart testified that he resides at 405 Oak Brook Road and is the owner of the parcel as well as the property located at 3109 York Road,which is adjoining property. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1 of 5 August 2, 2005 He provided some history and background on the properties and the area. About 40 years ago the County came in and took about 50 feet from the front of all the properties along Oak Brook Road and that did not have much effect on the enormous 600 feet estates of his properties east of his property up to the Tollway. However it reduced the lot depth of his property and the other three properties to the west to 169 feet, leaving them deficient of back yard space and close to Oak Brook Road. His two properties share a common border and people have commented that it almost appears that the York Road property is over lapping on the 405 Oak Brook Road lot. He wants to restore the lot depth; not just to recreate what was there,but to have a more proportioned yard. In the process his property on Oak Brook Road would become a fully conforming lot under the R-2 District standards. None of the 5 parcels west of the 405 lot up to the corner of York and Oak Brook Road meet the one acre minimum standards in the R-2 District. The property at 3109 York does not really lose anything. The property in the rear is so remote from the house that it had become a maintenance problem and had privacy issues for the property on 405 Oak Brook Road when there was separate ownership. Even with the lot reduction to 3109 York the property will still be the second largest of the remaining lots and the number of nonconforming lots will be reduced from 5 lots to 4 lots if these changes are approved. The changes also soften the transition from the R-1 properties just east which are 600 feet deep and over 3 acres. It probably could be said that some nonconforming properties in Oak Brook could be made conforming if they stole property from their neighbors, but in reviewing the entire map of Oak Brook he could not find another property where the donor property would not suffer like this one. The property on York Road will be 420 feet deep which is over 6 times the length of its width, and is about the length of 2 football fields. He is not proposing any redevelopment on the properties. He is an old house person and plans on staying for a while and would like to get a bad thing straightened out. Chairman Davis asked specifically the relief that is being sought through these proceedings. Mr. Stewart responded that it is his understanding that there is not a problem making a parcel larger and conforming, however he is taking a nonconforming parcel and making it more nonconforming. It is a 39,000 square foot property and he will be taking approximately 11,000 square feet away from the back of it. When it is resubdivided the rear of the home would be 164 feet to the rear lot line, more than 100 feet over the rear setback requirement. The property will be approximately 27,000 square feet which will still be 10-11,000 square feet larger than the property at 413 Oak Brook Road, and is similar in size but larger than the other two properties on Oak Brook Road, so 3109 York really does not lose much being as deep as it was and abutting into the yard at 405 Oak Brook road it was and was not a friendly lot VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 5 August 2, 2005 line. It is not the typical urban grid system where two properties back up against each other. It was always awkward and he had a good relationship with the previous owner, but that could change if there were a change in ownership of the property. This change seems to make more sense and adds a fully conforming parcel to the Village. There is an existing home on the property and the front door faces the south side yard. There is a new subdivision to the south known as the Sue Boon Subdivision and none of the property owners have objected to the proposal. Director of Community Development Kallien said that if a lot exists as nonconforming due to lot area and we try to make it a smaller parcel that triggers the need for a variation. On page 2 there is an approved Ordinance 5- 469 that allowed a reduction in the side yard setback and lot area. The Plan Commission has recommended approval of the subdivision, subject to approval of a variation to the zoning ordinance. Normally the village tries to get rid of nonconforming parcels and here is the opportunity to do that. There were neighbors in the audience who reside in the properties along Oak Brook Road that stated as a group were all very much in favor of the proposal. Chairman Davis asked Mr. Stewart to address the standards required for approval of a variation. (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: Both of the subject properties are made less desirable by the current lot configuration. 3109 York Road has an extraordinarily deep lot relative to its width (587 feet versus 66.5 feet). The deepest part of the lot becomes a maintenance burden, without lending any benefit to the homes typical needs. 405 Oak Brook Road is currently too shallow in lot'depth to promote much improvement to the existing home. It is also not deep enough to be attractive as a building site for new home development. 1(b) The plight of the owner is due to unique circumstances. Response: In doing research for this variation, no situation resembling the circumstances of these two properties could be found. The plight of this owner was created by the sudden and unexpected availability of the adjacent property at 3109 York Road for sale. 1(c) The variation, if granted, will not alter the essential character of the locality. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 5 August 2, 2005 Response: Beyond the planting of several trees, the applicant is proposing no visual changes to the appearance of either property at this time. The remainder of the standards was fully addressed in writing on pages I.1 and I.2 of the case file. Member Ascher asked if the 3109 property was vacant and what intentions he had, if any, with that property. Mr. Stewart responded that it was vacant and he was considering remodeling it and selling it in the spring. Member Young asked want the County did in terms of the taking of land. Director of Community Development Kallien responded that both York Road and Oak Brook Road are under the jurisdiction of the County and they have a right to do a taking of land in order to improve roads, which is what had happened here. Director of Community Development Kallien said that all the homes along York had a setback of 100 feet from the property line and it was revised to be 100 feet from the center of York Road. Along Oak Brook Road the setback is 110 feet from the centerline of the Road, and normally in an R-2 district it is normally 40 feet so all the properties in that area has restrictions. Chairman Davis noted that the proper notice has been given to all the proper owners.No one in the audience spoke in opposition to the requested variation. Chairman Davis said that it appears the petitioner has addressed the standards as required to recommend approval of the variations and are in writing on page I through I.2 of the case file. Motion by Member Shah, seconded by Member Ascher to recommend approval of the variation to the lot area requirements as requested subject to the following conditions: 1. Subject to the approval of the final plat and variation to the Subdivision Regulations as recommended by the Plan Commission. 2. The provisions of Ordinance S-469 which permits a reduction in the side yard setback for the parcel at 3109 York Road be continued considering the unique shape of the parcel. ROLL CALL VOTE: Ayes: 4 - Members Ascher, Shah, Young and Chairman Davis Nays: 0 - Motion Carried VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 5 August 2, 2005 <]:;� - •G VILLAGE OF OAK BROOK Zoning Board of Appeals STAFF REPORT DATE: July 28, 2005 CASE NO: 2005-018-VAR DESCRIPTION: Stewart—Variation to Lot Area Requirements—Section 13-6B-3A PETITIONER: Warren Stewart LOCATION: South of Oak Brook Road, east of York Road ADDRESS: 3109 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: R-2, Single-Family Detached Residence District, Single-family homes in the Sue Boon Subdivision. East: R-1, Single-Family Detached Residence District, Single-family homes. West: R-2, Single-Family Detached Residence District, Single-family homes. DISCUSSION: Mr. Warren Stewart, the owner of two properties at 3109 York Road and 405 Oak Brook Road has submitted an application seeking approval of a variation to Section 13-6B-3A of the Zoning Ordinance. It is the applicants desire to make the lot at 405 Oak Brook Road conforming to the R-2 district standards by increasing its size by approximately 11,000 sq.R. and by reducing the size of the 3109 York Road lot by a similar amount. In conjunction to this request, the applicant has also submitted a request to the Plan Commission seeking approval of two-lot subdivision and a variation to the Subdivision Regulations to permit a reduction in the parcel size of 3109 York Road. With regard to the parcel located at 3109 York Road, the Village of Oak Brook approved ordinance S-469 which granted a variation to lot area and side yard requirements. Please see the materials provided by the petitioner in the case file for a more detailed description and rationale for this request. STAFF REPORT-VARIATION STEWART-3109 YoRK RoAD CASE No.2005-018-VAR Staff Comment: 1. The impact of reducing the size of the parcel at 3109 York Road is negligible due to the significant depth of the parcel. The existing home on the parcel would not be impacted relative to becoming more nonconforming respect to side and rear yard setbacks. 2. The provisions of Ordinance S-469 which permit a reduction in the side yards may be appropriate to continue considering the unique shape of the parcel. RESPONSIBILITIES OF HEARING BODIES: The Zoning Board of Appeals has the responsibility to hold the required public hearing and make a recommendation on these requests for variations to the Zoning Ordinance. Please include in your consideration, your findings with respect to the specific standards specified in the Zoning Ordinance for a variation. The materials submitted by the applicant specifically address these standards for each variation request. CONCLUSION: Based on the information provided by Staff, if it is the opinion of the Zoning Board of Appeals that the applicant has satisfied the applicable Ordinance requirements and factors for the variations, a recommendation would be in order to approve this request subject to the following conditions: 1. Approval of the final plat and variation to the Subdivision Regulations as recommended by the Plan Commission. 2. The provisions of Ordinance S-469 which permit a reduction in the side yard for the parcel at 3109 York Road are deemed relevant and would be appropriate to continue considering the unique shape of the parcel. 3. Other conditions deemed appropriate by the Board of Appeals. Respectfully Submitted, Robert ., AICP Director of C2nuAnity Development April 28, 2005 2 Public Hearing, NOTICE HEREBY GIVEN that a Public hearing be, • fore the zoning Board of Appeals of the Village of Oak Brook,DuPage and Cook Counties,Illinois,will be held on August 2,2005 at 7:30 p.m.in the Samuel E.Dean Board Room of the i Bra Government Center,Village of Oak CERTIFICATE OF PUBLICATION Brook,9200 Oak k Brook Road,Oak Brook,Illinois 60523 for the purpose of considering the application of Warren Stew- art,P.O.Box 6336:Villa Pork,Illinois,60181 for a Variation as provided for under Title 13 of the Zoning Ordinance of the Village of Oak Brook, Illinois, Ordinance.G-60 as amended. Paddock Publications, Inc. The petitioner is seeking approval of avariation to Section 13.68-3C of The Zoning Ordinance To permit a reduction in the required lot area.The properties located at 3109 York Road and lot size Brook Road are Improved with single- Daily Herald family homes,are contiguous and do not meet the one acre miglmum lot sire required in The R-2'zoning district.As such,both properties are now classified as non-conforming with regard to lot size.It is the applicant's desire to make the lot at 405 Oak Brook Road conforming by adding some nearly property from and abu s he rear Yard of the which 0 ak Brook Road parcel. As part of this request,the applicant is also seeking a final plat of subdivision to order To reconfigure the two parcels, which will be heard before the Plan Commission on July 18, 2005 In the S.E.,Dean Board room as noted above. 1 organized and existing under and by virtue of the laws of the State of Illinois, The property may be generally described as 405 Oak Brook Road and 31 ndex Road,both In Oak Brook,and 106-36 2060-053 � BY CERTIFY that it is the publisher of the DAILY HERALD. with the legal description as follows: DAILY HERALD is a secular newspaper and has been circulated daily in the PARCELONE: LOT 1 IN FLEISHMAN'S ASSESSMENT PLAT OF THAT PART OF THE WEST'h OF THE NORTHWEST 1/4 OF f Addison, Bloomingdale, Carol Stream, Glendale Heights, Glen Ellyn, THE NORTHEAST 111 OF SECTION 36, TOWNSHIP 39 NORTH, N,ACCORDING EAST OF THE THIRD PRINCIPAL neyvllle, Lisle, Lombard, Medinah, Naperville, Oak Brook, Oakbrook Terrace, CORDED FEBRUAROY126 1981 AS DOCUMENTR R81-09757, IN 1 INDUPAGECOUNTY,ILLINOIS. PARCEL illa Park, Warrenville, West Chicago, Wheaton, Winfield, Wood Dale THAT PART O: OF THE NORTHWEST 114 OF THE NORTH- EAST 1/4 OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11,EAST OF THE THIRD PRINCIPAL MERID- IAN, DESCRIBED BY BEGINNING AT A POINT 451.0 FEET EAST OF THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER,THENCE SOUTH PARALLEL 6TQUAR- TER,22111.14 FEET TO A POINTION TTHE NORTT I OF FLEISCHMAN"S ASSESSMENT PLAT,RECORDED of DuPage FEBRUARY 26, 1981 AS DOCUMENT R81-09757; THENCE EAST ALONG THE NORTH LINE N SAID )f I111nO1S continuously for more than one year prior to the date of the first LOT 1, T 1; FEET E THE NORTHEAST CORNER OF SAID LOT 1;.THENCE SOUTH,ALONG THE EAST LINE � OF SAID LOT 1, BEING ALINE 33.0 FEET WEST OF HALOF R LTHE ITHTH EE AS LINE O QUARTER OEWEST of the notice hereinafter referred to and is of general circulation throughout said NORTHEAST QUARTER OF SAID SECTION 36,AND ITS EXTENSION SOUTH 174.50 FEET TO A CORNER OF ^ Y/' LO I I AS DOCUMENT SUBDIVISION,RE THEN EAPRIL —011nt lies) and State.EAST 33.0 FEET TO THE EAST LINE OF THE WEST HALF OF TH NORRTHWEST' QUARTER OF THE NORTHEAST QUARTS OF SAID SECTION 36; THENCE NORTH LINE ALONG SAID EAST LINE,396.24 FEET TO THE rtify that the DAILY HERALD is a newspaper as defined in "an Act to revise NORTH LINE OF THE NORTHEAST QUARTER OF .SAID SECTION 36; THENCE'WEST ALONG SAID NORTH LINE,200.51 FEET TO THE POINT OF BEGIN- ,lation to notices" as amended in 1992 Illinois Compiled Statutes, Chapter 715, � NING EXCEPTING THEREFROM THE NORTH 50.0 FEET ALL IN a DUgtob COUNTY,ILLINOIS. eaffd on 1 and 5. That a notice of which the annexed printed slip is a.true copy, was All persons desiring To be heard will be afforded an oppor- tunity to do so and may submit their statements orally or In luly 12 ZOOS wr Ting or both.The hearing may toe recessed to another / in said DAILY HERALD. nounced at the hearing orIs place given bI newspapeblPubltca- tion not less than five(5)days prior to the date of the re- ces sod:hearing. ' In accord with The provisions of the American with Disabil- )$ WHEREOF, the undersigned, the said PADDOCK PUBLICATIONS, Inc., sties Act,any individual who is in need of a reasonable ac- commodation hi order to meeting se in or benefit from Jeffrey this certificate to be signed by, this authorized agent, at Arlington Heights, Moline,t at this public meeting should 6309 contact Jeffrey soon as possible before The meeting date.at 630 990-5738 as The Petitioner's application Is on file with the Village Clerk and with the Director of Community Development. Per- sons wishing to examine the Petition documents may ar; ment to do with Village of Oak Community Develop- ment,Road,Aak Brook,I L 60523,telephone 630-990-3045. Linda Gonnello Village Clerk Published at the direction of the Corporate Auf horities and the Zoning Board of Appeals of the Village o Oak Brook, PADDOCK PUBLICATIONS, INC. DuPage and Cook Counties,Illinois. Published in the Daily Herald,July lz,2005'(356so91)s DAILY HERALD NEWSPAPERS BY Authorized Authorized Agent Control # T3565091 6E Of 0.4,t P d �v 90 e "A O y G � 'O 2 9Ce^OUNT4 \��\ Village of Oak Brook July 12,2005 1200 Oak Brook Road Oak Brook,IL 60523-2255 Website Dear Resident: www.oak-brook.org The Oak Brook Zoning Board of Appeals and the Village Board will be considering a Administration 630.990.3000 variation at the meetings scheduled on the back of this notice. FAX 630.990.0876 The application has been filed by: Warren Stewart Community 405 Oak Brook Road Development Oak Brook,Illinois 60523 630.990.3045 FAX 630.990.3985 The property in question is located at: 405 Oak Brook Road and Engineering and 3109 York Road Department 630.990.301.0 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 request,which has been made,is as follows: Police Department 630.990.2358 The applicant has filed a petition application seeking approval of a variation to Section 13- FAX 630.990.7484 6B-3C of the Zoning Ordinance to permit a reduction in the required lot area. The properties listed above, which are improved with single-family homes, are contiguous and do not meet Public Works the one acre minimum lot size required in the R-2 zoning district. As such, both properties Department are now classified as non-conforming with regard to lot size. It is the applicant's desire to 630.990.3044 FAX 630.472.0223 make the lot at 405 Oak Brook Road conforming by adding some of the property from the 3109 York Road parcel,which is nearly 600 feet deep and abuts the rear yard of the 405 Oak Oak Brook Brook Road parcel Public Library As part of this request, the applicant is also seeking a final plat of subdivision to resubdivide 600 Oak Brook Road the two parcels. That request will be heard before the Plan Commission on July 18, 2005 in Oak Brook,IL 60523-2200 the S.E. Dean Board room. A letter was previously sent to the residents in a separate mailing 630.990.2222 regarding that hearing. FAX 630.990.4509 If you desire more detailed information, please contact the Community Development Oak Brook Sports Core Department at 630-990-3045 to review the file on this application. Bath&Tennis Club Sincerely, 700 Oak Brook Road Oak Brook,IL 60523-4600 630.990.3020 FAX 630.990.1002 Robert L. 1—he r.,AI Golf club Director of Co unity Dev ment 2606 York Road Oak Brook,IL 60523-4602 FK/gp 630.990.3032 FAX 630.990.0245 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,August 2,2005 Board of Trustees Meeting. . . . . . . . . . . . . . . . . . . 7:30 p.m.,Tuesday,August 23,2005** **Tentative F ? Q TION r 7 ! 0 i }Il LOCA OF SUBJECT PROPERTY {' pNtr OAK BROOK ROAD t�� '�7�1" 7°,'n + t 1�� y `fir d� 1 I.+. r� r r_ '�� '`• ,� � r+. l`fJ t fil CHRYB i , ,� �'•i',.r 4.r }' r ,.sit,r p j N • � '811 E�' `' l��a ��,"G ��", ! � ,,: a• � � �iK .��„{ 'r�# HRH sw � nom,', � ' Ett(IERRY�..r� 'Nl►NE' r- a 1 e: y}t 1 37t7S r x7 q c / 4 �.t lWal..a>�.�FS „ r �' to r ` I rtr An” Y � �) •� 1 ."fy Jr+M 11,'I". i#1l � `P 't7 '"_ ' F$ #P H r r t 1 I i t 1i6fi1 r a I �, t; Kr r + d ; ^'yEi'J". ; Y?, i$ f �d. , .t_, •,.. f:.r.n �}.,_...71. �vo,. ..;L :.:,.d...p.._r�' *Note: The map provided is only an anaroximation of the area in question and is intende to be used only as a visual aid to determine your relationship to the prop Stewart-VAR-Res.ltr 405 OB Rd-3109 Yo .doc r pG� OF oq,rs,� �► o O v � .p CQUNSY,��. AGENDA ITEM Regular Board of Trustees Meeting of June 28, 2005 SUBJECT: Referral—Stewart—3109 York Road and 405 Oak Brook Road—Variation to Lot Area Requirements FROM: Robert L. Kallien, Jr., AICP, Community Development Directo BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to refer the request from Mr. Warren Stewart, the owner of the properties at 3109 York Road and 405 Oak Brook Road for a variation to the Zoning Ordinance to the Zoning Board of Appeals for Public Hearing at its August 2, 2005 meeting. Background/History: Mr. Warren Stewart, the owner of the properties at 3109 York Road and 405 Oak Brook Road has submitted a petition seeking approval of a variation to Section 13-613-3A of the Zoning Ordinance to permit a reduction in the required lot area. Both lots are contiguous and do not meet the one acre minimum lot size required in the R-2 zoning district. As such, both lots are now classified as non-conforming with regard to lot size. It is the applicant's desire to make the lot at 405 Oak Brook Road conforming by adding some of the property from the 3109 York Road parcel, which is nearly 600 feet deep and abuts the rear yard of 405 Oak Brook Road. Recommendation: Please refer these requests to the Zoning Board of Appeals for public hearing at its August 2, 2005 meeting. Last saved by RKallien \\ash\Users\ComDev\GP0LANEK\1-FROM BOB\Bot-PC-ZBA\BOT-Referral-3109York-405OBkRoad-VAR.doc `Z � Last printed 6/24/2005 9:26 AM ORDINANCE NO. S- 469 AN ORDINANCE GRANTING VARIATIOAS FROM 'I•IIL PROVISIONS OF SECTIONS VII (ll (8) (bZ 01' TIIE ZONING ORDINANCC 01: THE 1"1I.1AGE OF OAK BROOK, ORDINANCE G-60i AS AMI:1DED, RELATIVE TO YARD AND A11hA RL U I REMENTS IN A R-2 S I N(;LG-I'At.f I LY D1'TACIIUI) RES I ENC Ii 111 STR 1 CT (3109 York Road) WHL'RLAS, an application has been filed requesting variations from the provisions of Sections VII(D) (8) (b) and VII(D)(3) of the Oak Brook Zoning Ordinance, Ordinance G-60, as amended; and WHEREAS, a public hearing of such applications has been con- ducted by the Zoning Board of Appeals of the Village on January 6, 1981 pursuant to due and appropriate legal notice; and WHEREAS, a recommendation has been made by the said Zoning Board of Appeals that the variations requested be Franted: and WHEREAS, the said Zoning Board of Appeals made explicit findings that the variations requested meets the applicable standards set forth in XIII(G) (4) of the said Oak Brook Zoning Ordinance; and WHEREAS, the President and Board of Trustees of the Village 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 ere y adopted as though fully set forth herein. Section 2: That a variation is hereby granted from the provisions o-F-9—ection VII(D) (8) (b) of the Zoning Ordinance of the Village of Oak Brook so as to allow the construction of a single- family residence within the required side yard on the North side•of the subject property, provided that the variation hereby granted shall allow a side yard set back of not less than 9 feet on the North side of the subject property. Section 3: That a variation is hereby granted from the pro- visions of ec�tion VII(D) (3) of the Zoning Ordinance of the Village of Oak Brook to allow platting of an existing, lot of .882 acres in net lot area. Section 4: That this Ordinance is limited and restricted to the property loca—t—eU at 3109 York Road, Oak Brook, Illinois, which property is legally described as follows: That part of the West half of the Northwest Quarter of the Northeast Quarter of Section 36, Township 39 North, Range 11, East of the Third Principal. Meridian described as follows: Commencing at the Northwest corner of the Northeast Quarter of said Section 36 and running thence South along Quarter Section Line,. 220 feet for a place of beginning,, and running thence East parallel with Section Line, 619.07 feet (to a point 33 feet West of the East Line of the West Half of the Northwest Quarter of the Northeast Quarter of Section 36, aforesaid) and running thence South 66.5 feet; thence West 619.2 feet to Quarter Section Line; thence North on Quarter Section Line, 66.5 feet to the place of beginning, in DuPage County, Illinois. Permanent Parcel Number: 06-36-200-006 Ordinance No. S-469 Page 2 _ Granting Variation Relative to Yard and Area Requirements - (3109 York Road) Section 5: That this Ordinance shall be in full force and effect from an after its passage and approval pursuant to law. Passed this 10th day of ,Februar , 1981. Ayes: Trustees Congreve, Imrie� Philip and Watson Nays: Trustees Reynolds and -Rush Absent: None Approved this 10th day of February 1981. i ge rest ent ATTEST: Village Cler Approved as to F rm: Vil age or ey Published Date a Not Published 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. 1 Of OqM . �o PETITION APPLICATION for PUBLIC HEARING ZONING ORDINANCE: ❑ APPEAL ($300) VARIATION ($750) ❑ AMENDMENT ($750) /❑ SPECIAL USE ($750) STORMWATER ORDINANCE: ❑ SPECIAL USE ($675) PUBLIC HEARING SIGNS ($50-each lot frontage) ❑ -Enter Number of Street Frontages/Per Parcel APPLICANT TO COMPLETE LOCATION OF SUBJECT PROPERTY D 0 J 5-OA-K'S6Z00 ERMANENT PARCEL NO*. LOT NO. SUBDIVISION S7-f i )A Cr LEGAL ADDRESS* o6 3� �L O o b SS ZONING DISTRICT q�I ZONING ORDINANCE SECTION 13_� 13—� ACTION REQUESTED 1/A-Kl A`n10.ti TO LO- AP-e& PROPERTY INTEREST OF APPLICANT: OWNER CONTRACT PURCHASER AGENT OWNER(S)OF RECORD A S 7 P(.JAI- T PHONE X50) ADDRESS 0 _8 ox 633 CITY V111pr -PAP_ STATE ZL ZIP 601'91 BENEFICIARY(IES)OF TRUST PHONE ADDRESS CITY STATE ZIP NAME OF APPLICANT(and Billing Information) rMn P PHONE ADDRESS CITY STATE ZIP E-mail Address WA fLWw,1,e @'F_Ar_-r4 Lw k•o eT 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 Oe Villag . In addition to the above fees,applic nt agrees to reimburse the ilia for ati -costs within 30 days f bil ' g WA/tl�, d Is o� Signature of Owner bate Signature of Applicant Date ................................................................................................................................................................DO NOT WRITE...IN•-TNIa..sPJW ff. ..F0R-OFFICB...I.M..ON4Y...............................................................................................................................................:................. �s. e APP-RESIDENTIAL VARIATION 3-2005 w 9,0-t 0 ra �WoG� ay, 3-eofyLMvo"/97 Vcz 7W9 o*4 >[�(YTa TLYN -d-&JVry vc gls,77 .0.0 40ov8 >ftfo goE vay Oq*V2,z;l nfrs q Is vVvyv<1 Vors-ilciq i0- -0,7 12< alvp I-vAqd LY It '�-,zd�g VO -r� Z--V-f)o - 7,111H 71-ow jo��2, tio *ord 401 VQ 4ft(i. C,-pot (-r- q)(94" 047 oowt vo (71-h �aav 4vo 11 vo F-j-h r5v9 '(3-V 1� qvQ 'ZI-h Mofpoa -h I -Alps od > :voa 95 z, ow&*fs olyo 0(21 tots L C? -Y -QUO? VE 9T.301 *dzl o 1-1 IE 9c, Lsso9 O?j j*dQA III& 9 0 0-a �YOA .5-70(s 5 Ss • HiownN MUNI )jHldo'dd JO SS-Td(](]V 9NIIIVW MUMOAMIdOdd 10 ]VJVN ININMild ssguaav Mldldofld 0 V Warrew Skmart 12-04 . 487 a�q&QO J Date S— W-M FL Payy tote 0 der o� s 1�so Dollars fi Bank America ACH Fyf 063100277 Ban f Ame Adve age® For • 1:0930000471: 00 5 50 50 3 SB S0um 048 7 CHECK S CHECKS $ CASH INV• DATE NAME G.L.ACCOUNT it DESCRIPTION IF NUMBER INVALID VILLAGE OF OAK BROOK WITHOUT SIGNATURE p DEPARTMENT OF COMMUNITY DEVELOPMENT B 15624 1200 OAK BROOK ROAD A mj! OAK BROOK, ILLINOIS PHONE: (630)990-3045 RETAIN THIS RECEIPT FOR YOUR RECORDS Certification 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. I (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 f Owner Printed Name of Applicant Signature of Owner Date Signature of Applicant Date ab R ""AIR y «� .gig 'i �� F rt Yr.,y 1 F6Y ` .,.. _ .s..a � � .r. Print Name/Company Contact Person Contact Phone R0 -9� 6E34 V/ Fr+1 Z L 6ol 9z�L Address To be Billed Alternate Phone 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 Plan Commission meeting, the hearing on this matter will be postponed to the next regular Plan Commission meeting, or until such time as all neighbors within the 250-foot requirement have been sent proper notification. APP-RESIDENTIAL VARIATION 3-2005 h 7 .f�• Sulect Property Verifica0n (Complete a separate form for each P.I.N.) 1. Permanent Index Number (P.I.N. from Real Estate Tax Bill): 0 3 X00 0-0 2. Common Address: 9::V S D A l- B Poo k` QcAD 3. Type the Complete Legal Description Below. (Attach a separate page if longer than the area provided) 4. Email the Legal Description to gpolanek .oak-brook.org PARCEL ONE: THE NORTH 219.95 FEET OF THE WEST 651.42 FEET OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPLE MERIDIAN, (EXCEPT THE WEST 451.42 FEET THEREOF AND EXCEPT THE EAST 33.00 FEET THEREOF), IN DUPAGE COUNTY, ILLINOIS. PARCEL 2: THE EAST 33.00 FEET OF THE WEST 651.42 FEET OF THE NORTH 394.50 FEET OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPLE MERIDIAN, IN DUPAGE 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: Le s L l' Date called: DuPage County Clerk's Office– Revenue Department: (630-510-3376) Contact Person: Date called: I verify that the information provided above is accurate. �--'-. Printed Name Signature Date: 0! Relationship to Applicant: /1z V 41 17 ............. ............................................................................................................................................................................................................................................................................................................................................................................................. �i Sufect Property Verificato (Complete a separate form for each P.I.N.) 1. Permanent Index Number (P.I.N. from Real Estate Tax Bill): 200 OS j 2. Common Address: �Io g k P-OA n 3. Type the Complete Legal Description Below. (Attach a separate page if longer than the area provided) 4. Email the Legal Description to gpolanek(a-oak-brook.org LOT 1 (EXCEPT THE WESTERLY 50.00 FEET) IN FLEISHMAN'S ASSESSMENT PLAT OF PART OF THE WEST% OF THE NORTHWEST % OF THE NORTHEAST % OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPLE MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 26, 1981 AS DOCUMENT R81-09757, IN DUPAGE 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: �� , le Date called: 6 e) _ DuPage County Clerk's Office- Revenue Department: (630-510-3376) Contact Person: Date called: I verify that the information provided above is accurate. Printed Name Signature Date: 4 l Relationship to Applicant: Tal ,,. rr , a W11 " s �'.•, eye, � � ��'� $ �� s . s' 'bra� w'x sx• � *1'd�F,s �+�. �� .� .., «s.`l`, Pefition9f Aacent Rmpe s The s - of this petition indicates*at the chr�being�t to create,and�re- subdivide the proposed"Sgt's Subdivision"in+ya Ar„ 10i ,am supported by those residents whom prop erdes He adjacent to ar plat tint that will change. It is understood by all who sign below,that while the propeny located at 405 Oak Brook Road will become a larger,and,fidly aonrrnmiang parcel wader R-2 zoning guidelines tom# the proWty located at 3109 York Road wiU remain"non-Qonforminr,W have its lot depth:shortened firom 587 feet to appr+oxima ty 420 fed. support the ppropo d chaps; > docm�fi& Ll 155 feet on the south,and Oak Brook Rod 236 feet on the cyc,x� 4 { k Brnok Road ltl0 feet on the wrath 31.03 York Ro Ad 148 feet on the south or 3111 Y'+ourk;mod 587 tit on tl north ow �M 1rMru1/y!MliMr ilW mow„ w. m e z • ., s alrll . A iARI i S �.7 gum ar.e ] tea {" a 11 J Os NAMr-9M7eT ... t ue a rl�+r+nae�wr � re �rE � an'� airxxx r eau +A�� s x'l" rr:+aa r r V too Rs RA WIN ij TV . .... .. ..:....... .. .... ...:.... : : : : :.. WIT ...;. .;..:;:.. :.. (0 31Q9 1 In - Q o 1 !! r. Y' �f M ;.. Q ri N . . . . . . . . . . . _ • t 1 -t 1 1 t t ••• 411 413 405 i. �. 440 . i a : i. .ra. i. .:;r .i r • r: i t i ...r;..;i r i.: OAK BROOK ROAD Village President, President Kevin Quinlan Village Manager, Richard Boehm Oak Brook Board of Trustees Oak Brook Planning Commission Members of the Zoning Board of Appeals. Owner/Applicant Warren Stewart Subject properties: 3109 York Road 405 Oak Brook Road (319t Street) Letter of explanation: Concerning proposed changes to residential property in the R-2 district Dear Village Officials, My name is Warren Stewart, and I wish to apply for a variation to a property I own, located at 3109 York Road. The lot size for this property is unusually long and narrow,with a lot size of approximately 66'x 587. I'm seeking a lot depth reduction 167 feet,which will give the property a better lot width-to-depth ratio, and also benefit an adjacent property I own at 405 Oak Brook Road. That property lost its original lot depth many years ago, after the county took away 50' of its front yard to make road-widening improvements to 31st Street By adding the 66'x 167 area from the rear of the York Road property to 405 Oak Brook Road,that property will once again be a fully conforming R-2 parcel,with a nicely proportioned lot size of 200'x 236 . The 66'x 167" area in question is very remote to the house on York Road, and is already bordered on two sides by the property on Oak Brook Road. It's also important to point out that even without this square footage, the York Road property will remain the second largest of the 5 properties that comprise the corner of York Road and 31s'Street It's lot size even after the proposed variation will be 27,797 sq. ft. (26,666 after bike path dedication).This lot size makes it similar to the adjacent properties at 411 Oak Brook Road and 3103 York Road, and nearly 10,000 square feet larger than the adjacent neighbor at 413 Oak Brook Road. Currently, none of the 5 homes making up the corner of York Road and 31St Street conform to their R-2 zoning requirements. The variation being proposed in this letter would reduce that number to 4. In researching the entire plat map of Oak Brook, I could find no other similar relationship between two adjoining properties. Although there are several long narrow parcels throughout the village(similar to 3109 York Road), I could find no examples where the division of one of these properties would benefit an adjacent property,without altering the character of the surrounding neighborhood. The case being proposed appears completely unique, because not only does the property on Oak Brook Road run perpendicular to the property on York, but also abuts it on 2 sides. In other words, the property on Oak Brook Road currently wraps around the York Road property.This situation has created difficulties when the properties had separate ownership, because everything from yard maintenance to privacy is affected. I believe the current situation damages the market value of both properties. In acquiring the York Road property 3 month's ago,it was my sole intention to clean up what is a unique, and poorly designed lot configuration. Pve already used my access to this property to plant 30 mature trees,which includes 5 White Oaks, 6 Autumn Blaze Maples, and a variety of large Conifers. Oak Brook has no tree replacement ordinance,so these new trees helped offset the dozens that were lost 4 years ago,when the"Sue-Boon Subdivision" flattened everything. The changes Pm applying for will in no way have a negative impact on surrounding properties. Other than a line of large Spruce trees that have already been planted along the newly proposed lot line, no change to neighborhood density or character is being proposed.All adjacent homeowners have been made aware of the proposed changes, and all have expressed enthusiastic support. Sincerely, v ,r V . Warren Stewart j ` tee - � • 1 sole rits, im f' , sore oft +If I 4f . �� Vz e. i d � Lo , ZZE , a _ 61 Z. fit I. ago oil in 0,tam ��► � N � � , . Aj, — SVC I .. nolz t 17Z 1 1 �`��- • � � � __- �� .ion! Standards: Page 1 1. The Zoning Board of Appeals shall not recommend a variation of the provisions of this Title as authorized in this Section unless it shall have made findings of fact based upon the evidence presented to it on the following specific issues that: 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. Both of the subject properties are made less desirable by the current lot configuration. See below: 3109 York Road has an extraordinarily deep lot relative to its width(587' versus 66.5'). The deepest part of the lot becomes a maintenance burden, without lending any benefit to the home's typical needs. 405 Oak Brook Road is currently too shallow in lot depth to promote much improvement to the existing home. It's also not deep enough to be attractive as a building site for new-home development. b. The plight of the owner is due to unique circumstances. In doing research for this variation, no situation resembling the circumstances of these 2 properties could be found. The plight of this owner was created by the sudden, and unexpected availability of the adjacent property(3109 York Road). c. The variation, if granted, will not alter the essential character of the locality. Beyond the planting of several trees,the applicant is proposing no visual changes to the appearance of either property at this time. Warren Stewart Date Page 2 2. For the purpose of supplementing the above standards, the Zoning Board of Appeals, in making the determination whether there are practical difficulties or particular hardships, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence that: 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. If the variation applied for should not be granted, both properties will remain non- conforming under their current zoning, and both will lack desirability in the residential resale marketplace. This would affect the owner/applicant greatly, since it is his intension to make material improvements to one property, with the sale proceeds of the other. With no practical need to own both homes, rejection of this application could force one of the homes into a rental situation, or a capital loss for its owner. 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. In reviewing the plat map of Oak Brook, no other situations could be found, where two adjacent non-conforming properties in an R-2 district, could be combined to create one fully conforming parcel, without damaging the desirability of the other property, and without changing the character of the surrounding neighborhood. In regards to this specific R-2 district: None of the other properties that comprise the comer of York Road and 31'` Street have the ability to become fully conforming, simply by combining parcels with the subject property. The situation that benefits the combination of 405 Oak Brook Road, and 3109 York Road is unique. 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. The proposed changes to the subject properties should not alter the character of the surrounding neighborhood in any way. Landscape improvement, and property enhancement is the only intended result. ��7_.... �I Page 3 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. Nothing being proposed in this application will change the ambiance of the surrounding neighborhood, and no public safety issues should arise from the landscape barrier between the 2 properties. Regarding value: The variation applied for to 3109 York Road, not only also helps correct the unusual "lot depth-to-width ratio' for that particular property, but also allows the property at 405 Oak Brook Road to become a fully conforming parcel under R-2 guidelines. Those improvements should in no way diminish the value of any property in Oak Brook. e. That the purpose of the variation is not based exclusively upon a desire to make more money out of the property. The purpose of this variation is simply to clean up an ill-conceived plat design, which is the result of poor urban planning 60 years ago. f. That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. Difficulty exists any time the owners of two adjacent properties are forced to deal with an awkward boundary line. Hardship in this case is mostly the result of all the time and resources required, to try remedying a situation that never should have existed in the first place. / 6 / 141s Warren Stewart Date o c.� G f ... A `s 9 I VILLAGE OF OAK TOOK Interoffice Memorandum DATE: December 2, 2005 TO: Richard B Boehm Kenneth T Kubiesa Linda K Gonnella Dale L Durfey Robert L Kallien Sharon Dangles FROM: Linda Andrys SUBJECT: Recorded Documents �•� ---- URA S S.. D3 1p The following documents were recorded on November 21, 2005 at the DuPage County Recorder's Office �l ORDINANCE 2005- ZO- V -EX1 -S -1134 Warren Stewart 3109 York Rd and 405 Oak Brook Rd, Oak Brook, IL 60523 PIN #'s 06 -36- 200 -053 and 06 -36- 200 -058 R2005- 260243 Recording Fee. $3100 G /L# to be Charged. 10 -1365 2 RESOLUTION 2005- SD- FP +ZO- V -EXl -R -926 Warren Stewart 3109 York Rd and 405 Oak Brook Rd, Oak Brook, IL 60523 PIN #'s 06 -36- 200 -053 and 06 -36- 200 -058 R2005- 260244 Recording Fee- $3100 G /L# to be Charged. 10 -1365 3 FINAL PLAT OF STEWART'S SUBDIVISION Warren Stewart 3109 York Rd. and 405 Oak Brook Rd, Oak Brook, IL 60523 PIN #'s 06 -36- 200 -053 and 06 -36- 200 -058 R2005- 260245 Recording Fee $68 00 G /L# to be Charged. 10 -1365 Plat Certification Fee $2 00 G /L# to be Charged 10 -1365 4 LAWN SPRINKLER SYSTEM COVENANT RUNNING WITH LAND Donald Trauscht 4 Arden Court, Oak Brook, IL 60523 PIN #06 -27 -101 -001 R2005- 260246 Recording Fee $30 00 G /L# to be Charged 10 -1365 /RECDOC /2005 - RECMEMO -12 -02 doc pF Oq� P '9q v 0 CID G r O Z CUUNTI .\ Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 -2255 Website www.oak - brook.org Administration 630 990 3000 FAX 630 990 0876 Community Development 630 990 3045 FAX 630 990 3985 Engineering Department 630 990 3010 FAX 630 990 3985 Fire Department 630 990 3040 FAX 630 990 2392 Police Department 630 990 2358 FAX 630 990 7484 Public Works Department 630 990 3044 FAX 630 472 0223 Oak Brook Public Library 600 Oak Brook Road Oak Brook, IL 60523 -2200 630 990 2222 FAX 630 990 4509 Oak Brook Sports Core Bath & Tennis Club 700 Oak Brook Road Oak Brook, IL 60523 -4600 630 990 3020 FAX 630 990 1002 Gott Club 2606 Yoik Road Oak Brook, IL 60523 -4602 630 990 3032 FAX 630 990 0245 f bR� December 14, 2005 Mr. Warren Stewart P.O Box 6336 Villa Park, Illinois 60181 Re. Recorded Documents on November 21, 2005 ORDINANCE 2005- ZO- V- EX1- S- 1134/R2005- 260243 RESOLUTION 2005- SD- FP +ZO- V- EX1- R- 926/R2005- 260244 STEWART'S SUBDIVISION FINAL PLAT AND VACATION OF CERTAIN DRAINAGE & UTILITY EASEMNTS/R2005- 260245 3109 York Road and 405 Oak Brook Road Oak Brook, EL 60523 Dear Mr. Stewart: Copies of the above noted recorded documents are enclosed for your information These are important records 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 Enclosures cc: Dale L. Durfey, Jr., Village Engineer obert L. Kallien, Jr., Director of Community Development fficial Files ©M S -113 kf /RECDOC/2005- RECLTR -RE 2005- SD-- FP +ZO- V- EX1 -R- 926 +ORD 2005- ZO -V -S- 1134 - STEWART -3109 YORK +405 OAK BRK RD l dye- .a 1R r S Q♦ oFRED BU RECORDER os em NOVE ,2005 �_yq_200 —�3 OTHER p2005-260243 005 PAGES (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 2005- ZO- V -EX1 -S -1134 AN ORDINANCE GRANTING VARIATION FROM THE PROVISIONS OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO LOT AREA REQUIREMENTS Property Address /es 3109 YORK ROAD AND 405 OAK BROOK ROAD _ (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 ) OAK BROOK, IL 60523 Pin /s Number 06 -36- 200 -053 06 -36- 200 -058 Name & Address of Applicant: MR. WARREN STEWART P.O. BOX 6336, VILLA PARK, IL 60181 Name & Address of Responsible MR. WARREN STEWART Party to Receive Copy of P.O. BOX 6336 Recorded Document and Billing: VILLA PARK, IL 60181 G/L Account # to be Charged: 10 -1365 Prepared By Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Name & Address of Recipient of Consideration (when applicable): G/L Account # to be Charged: N/A ` _\ Return To: illage of Oak Brook 100 Oak Brook Road k Brook, Illinois 60523 4 ORDINANCE 2005- ZO- V -EX1 -S -1134 AN ORDINANCE GRANTING VARIATION FROM THE PROVISIONS OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO LOT AREA REQUIREMENTS (3109 York Road and 405 Oak Brook Road, Oak Brook, Illinois 60523) (PIN 06 -36- 200 -053, 06 -36- 200 -058 respectively) 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, and WHEREAS, Mr Warren Stewart (Petitioner), the owner of certain properties, commonly known as 3109 York Road and 405 Oak Brook Road, Oak Brook, Illinois 60523 and legally described as follows in Exhibit A, attached hereto and made a part hereof, and WHEREAS, the Petitioner has submitted a Petition requesting a variation for the Subject Property; and WHEREAS, on August 2, 2005, the Zoning Board of Appeals conducted a public hearing at the Butler Government Center, 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 found that the Petitioner addressed the standards as required by the Zoning Ordinance for approval of variations and that the variation would be designed so that the public health, safety and welfare will be protected and there will be no substantial injury to other property in the neighborhood; and WHEREAS, the Zoning Board of Appeals made specific findings of fact and recommendation for approval of the following variation 1) A variation from the provisions of Section 13- 6B -3A, Lot Area Requirement, to permit the further reduction of the required lot size, WHEREAS, the Zoning Board of Appeals recommended approval of the above requested variation; and WHEREAS, the Village President and Board of Trustees concur with the findings and recommendations made by the Zoning Board of Appeals as amended by their recommendation, 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 RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS Section 1 That the recitals hereto are incorporated as part of this ordinance. k, Ordinance 2005-ZO-V-EX1 -S-1 134 Granting Variation, Title 13 re Lot Size 3109 York Rd, 405 Oak Brook Rd 06 -36- 200 -053, 06 -36- 200 -058 Page 2 of 3 Section 2- A variation from the provisions of Section 13 -613-3A of the Zoning Regulations of the Village Code of the Village of Oak Brook is hereby granted to allow for a reduction of the required lot size to the property located at 3109 York Road Section 3 The above variation must be in substantial conformance with the Final Plat of Subdivision known as Stewart's Subdivision prepared by Glen D Krisch Land Surveyor, Inc., dated July 13, 2005, which denotes the reduction of lot area to 26,666 square feet (labeled page II of the case file) , Section 4 The provisions of Ordinance S -469 dated February 10, 1981, which permitted a reduction in the side yard setback to not less than nine (9) feet on the north side of the property located at 3109 York Road, are considered unique and shall be continued in full force and effect. Section 5 This Ordinance is limited and restricted to the property legally described herein Section 6 All ordinances or parts thereof in conflict with the provisions of this ordinance be and the same are hereby repealed to the extent of such conflict Section 7 Notwithstanding the approval herein of the above - mentioned plans, exhibits, and Booklet, the Petitioner shall meet all Village ordinance and code requirements as in effect at the time of the issuance of a building permit or permits Section 8 This ordinance shall be in full force and effect from and after its passage and approval as required by law APPROVED THIS 13th of September, 2005 vin Quinlan, Village President PASSED THIS' 13th day of September, 2005. Ayes Trustees Craig, Kennedy, Manofsky, Sanford and Yusuf Nays None Absent- Trustee Aktipis r � qy At 412A Y ty ATTEST Linda K Gonnella, CMC Village Clerk t Ordinance 2005-ZO-V-EX1 -S-1 134 Granting Variation, Title 13 re Lot Size 3109 York Rd, 405 Oak Brook Rd 06 -36- 200 -053, 06 -36- 200 -058 Page 3 of 3 PARCEL 1 LOT 1 IN FLEISHMAN'S ASSESSMENT PLAT OF PART OF THE WEST %2 OF THE NORTHWEST '/4 OF THE NORTHEAST '/4 OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 26, 1981 AS DOCUMENT R81- 09757, IN DUPAGE COUNTY, ILLINOIS. PARCEL 2- THAT PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBE BY BEGINNING AT A POINT 451 0 FEET EAST OF THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH, PARALLEL WITH THE WEST LINE OF SAID NORTHEAST QUARTER, 221.14 FEET TO A POINT ON THE NORTH LINE OF FLEISCHMAN'S ASSESSMENT PLAT, RECORDED FEBRUARY 26, 1981 AS DOCUMENT R81- 09757; THENCE EAST ALONG THE NORTH LINE OF SAID LOT 1, 167 98 FEET TO THE NORTHEAST CORNER OF SAID LOT 1, THENCE SOUTH, ALONG THE EAST LINE OF SAID LOT 1, BEING A LINE 33.0 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 36, AND ITS EXTENSION SOUTH, 174 50 FEET TO A CORNER OF LOT 1 IN SUE BOON SUBDIVISION, RECORDED APRIL 20, 2000 AS DOCUMENT R2000- 057217, THENCE EAST 33.0 FEET TO THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 36, THENCE NORTH ALONG SAID EAST LINE, 396 24 FEET TO THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 36, THENCE WEST ALONG SAID NORTH LINE, 200.51 FEET OT THE POINT OF BEGINNING, EXCEPTING THEREFROM THE NORTH 50 0 FEET, ALL IN DUPAGE COUNTY, ILLINOIS. 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 September 13, 2005 , the corporate authorities of the above municipality passed and approved Ordinance 2005- ZO- V -EX1 -S -1134 , AN ORDINANCE GRANTING VARIATION FROM THE PROVISIONS OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO LOT AREA REQUIREMENT 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 THE WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 28tiday of September 2005, t co Linda K. Gonnella, CMC Village Clerk Village of Oak Brook DuPage and Cook Counties, IL