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S-1085 - 10/26/2004 - VARIATION - Ordinances Supporting Documentscos A e' F r O} A4 C" O) W tw -c ll , as � , (O► <z .._' /(/ vm- AMIENIDAL 11"M EMIR RZcegiullmr Bcoc,arrdl (off' FLrru:stte,e -s; Me,e,ty o)f (0)c.tcolbceir '.2(6„ 2004 4 IUJBITIEICIr:: BlhmirgmNvm/'Agiraaw ,-all — 7722 :Fomesst. (Gilcem - -- V'a)niaitiio)m - I IR(Ol'M:: IRcolboeirtt L. IK;adlh(em„ JJrr.,, .AI(CP,, Qom=iuimitty, ID)e,vTe,l(op B1UTD(G ]E"T' SSIO)IUJI2Z(CIE1 /IBI UID)(GrE-�,rlr IIMIP'A(C' lr:: RlE;C( ®DI\VI[11VI[ l'NTD)IEJD) 11VI[ ® "I^IIOTNI: I[ innmwee t(o ccmmcemir wviitlhi ttI hce B(o.arr(d o)fr Alp►pe.aths ainidl - alp)p)r o)vre, tthie: rr(rcfjurEessVecdl wmrriiaitiio,, owdlim(aimce,. 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Ulhce Ipcettitticorntezr tte.-sttiifile,d tlhiatt emicircomcclhrmie,mt lhmss saatti:sffi(ecdl tthle) lntenglhlbcorrs; (ccomcccerrms >. 'Thle, ]F +o)rce" heats: nnie,t aundi siu}plp)o)rttss ltlhe° rrecc(oln=temtdiaAlio)ni (off tlh(e Z,comiinlg; B3c)mr c.ass(e fzllie,).. IREeccmrmirmmemidlartticom :: Flne° Zamiinig; B3ccaar-di io)f ' A}p)p)e,ailss, lb-, as wo)tce o)ff 4 tto) 1 lhmss rcecc mo waintaltuo)m ((ass,, rre,wiEsced)) tto) 1p(errnnirtt tthle, cccomsftmumtnmm i o)f ' ai rro)o)nn aididllttl(o)1 ccom(diltth(omEs: Lc.aS3t ssaiveed 1 b,)y , GJPPO)LEATNFEPK \ \ \asshh\ Ulster: s\( �CeormEDeev�\ GP' 0) L, AINIEIK \ \1-- F,RCODM21$COB3\EBoot -1PCC -- 2ZFB?6 ® The proposed addition and deck will encroach no more than 15- ft.lnto the required rear yard and ® The proposed room addition is to have a mansard roof, and ® The proposed development shall be in substantial conformance with the plans as submitted (see page 14.a of the case flie —the proposed buliding elevations as amended to '111%J_LLL G a 111a11Jard rUUf alld L11G reVIbULL J1Le plall Ull page 21 U1 Lhe Gabe 111E U.aLUU VGLUUel 19, 2004 prepared by Joseph J. Hoendervoogt. In malting this recommendation, the Zoning Board of Appeals found that the petitioner has satisfactorily addressed the factors as required for approval of a variation. In particular, the applicant has provided testimony that the hardship is due to unique circumstances, which include that the lot is undersized being 14,000 square feet and the R -4 zoning district minimum standards are 18,000 square feet, it is a corner lot, the placement of the existing home on the lot offered very little opportunity for any type of room addition, and that granting the variation would not alter the essential character of the neighborhood. Last saved by GPOLANEK \\ash \Users \ComDev \GPOLANEK \l -FROM BOB\Bot - PC - ZBA\BOT -Rec- Bhargava- Grawal -VAR doc 7. A The Village Board, at its September 28, 2004 meeting, continued the request from 970 Pauly LLC and CF 2020 Swift LLC who are seeking approval of a variation to Section 13 -12 -3H 2 of the Zoning Ordinance to accommodate the construction of additional parking in the front yard setback. In the ORA -1 District, the front yard setback is 100 -ft. and off - street parking is limited to six spaces. Based on input received from the Village Board, the applicant has revised their plans to provide a parking arrangement for 27 new spaces with a 50 -ft. front yard setback. The landscape plan that was prepared for the original parking lot configuration will be utilized as the method of screening for this revised parking lot layout. 970 Pauly LLC and CF 2020 Swift LLC, the owners of the property at 2020 Swift Drive have submitted a petition seeking approval of a variation to Section 13- 12 -3H.2 of the Zoning Ordinance to accommodate the construction of additional parking in the front yard setback. In the ORA -1 District, the front yard setback is 100 -ft. and off - street parking is limited to six spaces. The property at 2020 Swift Drive presently is improved with a 57,000 sq. ft. building and approximately 65 parking spaces. The original parking ratio was based on a manufacturing use scenario that is no longer viable at this location. The applicants are seeking a number of improvements to the building and site including: the construction of a new 32 space parking lot in the front yard, removing approximately 6,000 sq. ft of the existing building, updating the building facade and consolidating all other parking in a new lot to be located on the south side of the building. The new parking lot is proposed to be setback 45 -ft. from the Swift Drive right -of- way and will be extensively landscaped. Motion by Trustee Aktipis, seconded by Trustee Korin, to concur with the recommendation of the Zoning Board of Appeals and approve the requested variation (as revised) and authorize the Village Attorney to draft the necessary ordinance for final consideration at the November 9, 2004 Board of Trustees meeting. VOICE VOTE: Motion carried. OB. ORDINANCE 2004- ZO -V -S -1085 "AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13- 6D -3F(3) OF TITLE 13 ( "ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO REAR YARD SETBACK REQUIREMENTS — (BHARGAVA/AGRAWAL — 722 FOREST GLEN, OAK BROOK, IL 60523 /P.I.N 06 -24- 206 -044). Pradeep Bhargava and Rekha Agrawal, the owners of the property located at 722 Forest Glen have submitted a petition seeking approval of a variation to Section 13- VILLAGE OF OAK BROOK Minutes Page 5 of 21 October 26, 2004 0 .-- 7. B. 6D -3 -F.3 of the Zoning Ordinance to accommodate the construction of a room addition and deck to their existing single - family home. The applicant's original request proposed that these additions encroach into the required 30 -ft. rear yard by approximately 18 -ft. Comments were received from the Forest Glen Homeowners Association as well as from the neighboring property owner who resides at 802 Wildwood Ct. who expressed concerns over the original proposal to permit an 18 -ft. encroachment into the required setback. As a result of these comments, the applicant has modified the proposed addition and has limited the encroachment to 15 -feet. The petitioner testified that the modification to reduce the encroachment has satisfied the neighbors' concern. The Forest Glen Homeowners Association has met and supports the recommendation of the Zoning Board of Appeals. Recommendation: The Zoning Board of Appeals, by a vote of 4 to 1 has recommended approval of the requested variation (as revised) to permit the construction of a room addition and deck subject to the following conditions: • The proposed addition and deck will encroach no more than 15- ft.into the required rear yard, and • The proposed room addition is to have a mansard roof, and • The proposed development shall be in substantial conformance with the plans as submitted (page 14.a of the case file) — the proposed building elevations as amended to include a mansard roof and the revised site plan on page 21 of the case file dated October 19, 2004 prepared by Joseph J. Hoendervoogt. In making this recommendation, the Zoning Board of Appeals found that the petitioner has satisfactorily addressed the factors as required for approval of a variation. In particular, the applicant has provided testimony that the hardship is due to unique circumstances, which include that the lot is undersized being 14,000 square feet and the R -4 zoning district minimum standards are 18,000 square feet, it is a corner lot, the placement of the existing home on the lot offered very little opportunity for any type of room addition and that granting the variation would not alter the essential character of the neighborhood. Motion by Trustee Aktipis, seconded by Trustee Yusuf, to concur with the recommendation of the Zoning Board of Appeals to approve the requested variation and move for passage of Ordinance 2004- ZO -V -S -1085 "An ordinance Granting a Variation from the Provisions of Section 13- 6D -3F(3) of Title 13 ( "Zoning Regulations ") of the Village Code of the Village of Oak Brook Relative to Rear Yard VILLAGE OF OAK BROOK Minutes Page 6 of 21 October 26,_2004 7. B. Setback Requirements — (Bhargava/Agrawal — 722 Forest Glen, Oak Brook, IL 60523 /P.I.N. 06.24- 206 -044). ROLL CALL VOTE: Ayes: 6 Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis. Nays: 0 - None. Absent: 0 - None. Motion carried. C. CENTERPOINT PROPERTIES TRUST ON BEHALF OF YORK ROAD PROPERTIES — 2001 YORK ROAD — SPECIAL USE - HELIPORT CenterPoint Properties Trust on behalf of York Road Properties, LLC, has submitted a petition seeking approval of a special use in order to construct and operate a heliport. The heliport would be constructed at 2001 York Road on an unused parking lot on Lot 3 which is located in the southeast corner of the property, just west of the intersection of Windsor Drive and Bliss Drive. Key elements of this request include: • heliport will be designed in accordance to IDOT Division of Aeronautics standards. • operation of the heliport shall be limited to 7:00 am to 10:00 pm Monday through Saturday, and on Sunday with 72 hours notice to the Village. • refueling, maintenance and helicopter storage shall not be permitted. • anticipated use would be three to six times per month. • CenterPoint Properties would be the primary user of the facility. Recommendation: The Plan Commission, by a vote of 7 to 0, and the Zoning Board of Appeals, by a vote of 5 -0, recommended approval of the requested special use for a heliport at 2001 York Road subject to the following conditions: • The heliport will be constructed in accordance with the plans as submitted. • Formal IDOT approval is received by the Village prior to construction and operation of the heliport. • It is to be operated as detailed on page G and G -1 of the case file. • The frequency of use shall not exceed 10 times per month, unless the Village of Oak Brook has been notified and has approved the additional use in advance. • Directed the applicant to contact the objectors, (Advocate Health and the Forest Glen Homeowners Association) to discuss and address concerns and issues. In making this recommendation, the Zoning Board of Appeals concurred with the Plan Commission that the proposed heliport will be constructed in accordance to all VILLAGE OF OAK BROOK Minutes Page 7 of 21 October 26, 2004 G� J.P. "RICK" CARNEY DUYFGE COUNTY NECOFOFH NOV.1112001 3:47 PM OTHER 06 -20- 206 -040 005 PAGES H2O04- 293142 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523 -2255 RECORDED DOCUMENT TITLE PAGE Title of Document ORDINANCE 2004- ZO -V -S -1085 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13- 6D -3F(3) OF TITLE 13 ( "ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO REAR YARD SETBACK REQUIREMENTS (Bhargava /Agrawal - 722 Forest Glen, Oak Brook, IL 60523 / P.I.N. 06- 24 -206- 044) Property Address /es: 722 FOREST GLEN, OAK BROOK, IL 60523 (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 ) Pin /s Number 06 -24- 206 -044 Name & Address of Applicant PRADEEP BHARGAVA, 722 FOREST GLEN LANE, OAK BROOK, IL 60523 Name & Address of Responsible PRADEEP BHARGAVA Party to Receive Recorded 722, FOREST GLEN LANE Copy of Document and Billing: OAK BROOK, IL 60523 G/L Account # to be Charged 10 -1365 Prepared By: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Name & Address of Recipient of Consideration (when applicable): G/L Account # to be Charged Return To Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 N/A ORDINANCE 2004- ZO -V -S -1085 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13- 6D -3F(3) OF TITLE 13 ( "ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO REAR YARD SETBACK REQUIREMENTS (Bhargava /Agrawal — 722 Forest Glen, Oak Brook, IL 60523 / P I N 06 -24- 206 -044 ) WHEREAS, the Village of Oak Brook has heretofore adopted an ordinance setting forth the Zoning Regulations for the Village of Oak Brook in Title 13 of the Village Code, and WHEREAS, Section 13 -14 -6 of the Village Code sets forth the authority and standards of the granting of variations to the Zoning Regulations, WHEREAS, Pradeep Bhargava and Rekha Agrawal ( "Petitioners ") are the owners of certain property legally described as follows LOT 23 IN FOREST GLEN SUBDIVISION UNIT 2, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS AND OF PART OF THE FRACTIONAL NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, ACCORDING TO THE PLAT THEREOF RECORDED MAY 13, 1977 AS DOCUMENT R77- 35731, IN DUPAGE COUNTY, ILLINOIS. WHEREAS, the Subject Property is located within the R -4 Single - Family Detached Residence District, the regulations of which require a rear yard setback of not less than thirty feet (30') in depth, and WHEREAS, the Petitioner has submitted a petition for a variation to reduce the required rear yard setback to approximately fifteen feet (15) for the purpose of constructing a room addition with an attached deck to the single - family dwelling on the Subject Property , and WHEREAS, on September 7, 2004, and October 5, 2004, the Zoning Board of Appeals of the Village of Oak Brook conducted a public hearing at the Oak Brook Village Hall, 1200 Oak Brook Road, Oak Brook, Illinois in connection with the aforesaid petition, after due and appropriate legal notice was given, and WHEREAS, the Zoning Board of Appeals specifically considered the standards set forth in Section 13 -14 -6 (D) of the Village Code and made the following findings of fact • The petitioners satisfactorily addressed the factors required for approval of a variation • The applicants' hardship is due to the unique circumstance that their lot is undersized being 14,000 square feet when the minimum standard in the R -4 district is 18,000 square feet • The Subject Property is a corner lot • The placement of the existing home on the lot offered very little opportunity for any type of room addition • Granting this variation would not alter the essential character of the neighborhood Ordinance 2004- ZO -V -S -1085 Granting Variation from Sec 13- 6D -3F(3) Page 2 of 3 (Bhargava /Ag rawa 106 -24- 206 -044 ) WHEREAS, the Zoning Board of Appeals recommended approval of the requested variation subject to the conditions stated in Section 2 of this ordinance, and WHEREAS, the Village President and Board of Trustees concur with the findings and recommendations made by the Zoning Board of Appeals, and WHEREAS, all applicable requirements of Section 13 -14 -6 of the Village Code relating to the granting of variations to the Zoning Regulations have been met NOW THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Oak Brook, Du Page and Cook Counties, Illinois as follows SECTION 1 The recitals hereto are incorporated as part of this ordinance SECTION 2 A variation to Section 13- 6D -3F(3) of the Zoning Regulations of the Oak Brook Village Code is hereby granted to permit the construction of a room addition and deck on the single - family dwelling at 722 Forest Glen and allow a rear yard setback of approximately fifteen feet (15') subject to the following conditions 1 the proposed additions encroach no more than fifteen (15) feet into the required rear yard, and 2. the proposed room addition is built with a mansard roof, and 3 the proposed development shall be in substantial conformance with the plans as submitted including the proposed building elevations (see page 14a of the case file) as amended to include a mansard roof and the revised site plan on page 21 of the case file dated October 19, 2004 prepared by Joseph J. Hoendervoogt SECTION 3 This Ordinance is limited and restricted to the property commonly known as 722 Forest Glen, Oak Brook, Illinois, P I N 06 -24- 206 -044 SECTION 4 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict SECTION 5 This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law APPROVED THIS 26th day of October, 2004 Ke Quinlan V age Preside/ �r 11 y Ayes Nays Ordinance 2004- ZO -V -S -1085 Granting Variation from Sec 13- 6D -3F(3) Page 3 of 3 (Bhargava /Agrawal 06 -24- 206 -044) PASSED THIS 26th day of October, 2004 Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis None Absent None �h .. 5 �+l r � f j Z G-r,Ir rfi` w.f/ A �F t� CouN q ATTEST Linda K Gonnella, CMC Village Clerk F v y Y r 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 October 26, 2004 , the corporate authorities of the above municipality passed and approved Ordinance 2004- ZO -V -S -1085 , AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13- 6D -3F(3) OF TITLE 13 ( "ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO REAR YARD SETBACK REQUIREMENTS (Bhargava /A2rawal - 722 Forest Glen, Oak Brook, IL 60523 / P.I.N. 06 -24- 206 -044) I DO FURTHER CERTIFY that the original documents, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same. I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties, Illinois. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 15th day of N6vember 92004. � O O N! G f � c�00UN1 d . F _---- Z 6 -V BAR CsAUA S- /oz< VILLAGE OF OAK BROOK Interoffice Memorandum DATE: December 3, 2004 TO: Richard B Boehm Kenneth T Kubiesa Linda K Gonnella Dale L. Durfey Robert L Kallien Darrell Langlois FROM: Linda Andrys SUBJECT: Recorded Documents The following documents were recorded on November 17, 2004 at the DuPage County Recorder's Office ORDINANCE 2004- ZO -V -S -1085 Pradeep Bhargava 722 Forest Glen, Oak Brook, IL 60523 PIN #06 -24- 206 -044 R2004- 293142 Recording Fee $19 00 G /L# to be Charged 10 -1365 2 ORDINANCE 2004- ZO- V -EX1 -S -1086 Butler National Golf Club /Mike Sauls 2616 York Road, West of York, South of 22 °d St, East of Jorie Blvd, Oak Brook, IL 60523 PIN #06 -26 -401 -002 and 06- 26- 202 -002, 06 -25 -101 -002 & 06 -25- 300 -018 R2004- 293143 Recording Fee $23 00 G /L# to be Charged 10 -1365 3 ORDINANCE 2004- ZO -V -S -1087 Keith Sherry ` 2020 Swift Drive, Oak Brook, IL 60523/PIN #06 -24- 402 -036 R2004- 293144 Recording Fee $19 00 G /L# to be Charged 10 -1365 4 ORDINANCE 2004- ZO- SU- HE -EX1 -S -1088 Center Point Properties Trust/Chuck Henschel 2001 York Road, Oak Brook, IL 60523 PIN #06 -24- 403 -008, 06 -24- 403 -009 and 06 -24- 403 -010 R2004- 293145 Recording Fee $2100 G /L# to be Charged 10 -1365 5 LAWN SPRINKLER SYSTEM COVENANT RUNNING WITH LAND Mr Daniel Wollensak 3604 York Road, Oak Brook, IL 60523/PIN #06 -36- 400 -009 R2004- 293146 Recording Fee $18 00 G /L# to be Charged 10 -1365 6 LAWN SPRINKLER SYSTEM COVENANT RUNNING WITH LAND B Azar -Kia, MD and P Azar -Kia 312 Ottawa Lane, Oak Brook, IL 60523/PIN #06 -35- 205 -006 R2004- 293147 Recording Fee $18 00 G /1# to be Charged 10 -1365 /RECDOC /2004- RECMEMO -12 -03 doc OF oA�\ P �9 co G O 9�,F OUNTI U \ �� Village of Oak Brook 1200 Oak Brook Road Oak Blook, 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 Blook, IL 60523 -2200 630 990 2222 FAX 630 990 4509 Oak Brook Sports Core Bath & Tennis Club 700 Oak Brook Road Oak Brook, IL 60523 -4600 630 990 3020 FAX 630 990 1002 Golf Club 2606 York Road Oak Brook, IL 60523 -4602 630 990 3032 FAX 630 990 0245 n, r: ... oROs �Dd4 -7-0 -✓— 5. /OS S IQEcoRAE� h. d 2 1 Gr1nJAL OR AaG •A -MC.406,b May 4, 2005 Pradeep Bhargava 722 Forest Glen Lane Oak Brook, Illinois 60523 Re. Recorded Document on November 17, 2004 ORDINANCE 2004- ZO -V -S -1085 722 Forest Glen Lane Oak Brook, IL 60523 R2004- 293142 Dear Applicant. A copy of the above noted recorded document is enclosed for your information. This is an important record and should be retained in a secure area within your files. If you need any further assistance in this matter, feel free to contact me at 630- 990 -5770 on Monday through Friday from 9am to 5pm. Sincerely, Linda M. Andrys Records Management Clerk /lma Enclosure cc: Dale L. Durfey, Jr., Village Engineer Robert L. Kallien, Jr., Director of Community Development Official Files V /RECDOC/2005- RECLTR -ORD 2004- ZO -V -S- 1085- BHARGAVA -722 FOREST GLEN