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S-1496 - 05/09/2017 - VARIATION - Ordinances Supporting Documents ITEM 8.C.1. BOARD OF TRUSTEES MEETING VILLAGE OF OAK BROOK BATH AND TENNIS CLUB OAK R , K 800 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of May 9, 2017 SUBJECT: Olafson—25 Robin Hood Ranch—Variations—Accessory Structures— Located in the Rear and Side Yards FROM: Robert L. Kallien Jr.,AICP, Director, Development Services BUDGET SOURCE/BUDGET IMPACT: NA RECOMMENDED MOTION: I move to approve Ordinance S-1496, which approves variations to Section 13-3-6A-3d.3 of the Village Code to allow for the construction of five(5)trellises for the property located at 25 Robin Hood Ranch. Background/History: At the April 25,2017 meeting, the Village Attorney was directed to prepare the necessary ordinance granting approval of variations to allow four (4) free standing trellises to be located in the rear yard and one (1) free standing trellis to be located in the side yard of the property located at 25 Robin Hood Ranch. All trellises are to be located not less than six-inches (6") from the rear and side lot lines. The three (3) proposed twelve-foot high (12')trellises are to be reduced to a maximum height of ten (10') feet. Recommendation: Approve Ordinance S-1496. REG BOT 05092017 Agenda Item 8.C.1 BOT FINAL ACTION S-1496-VAR-25 Robin Hood Ranch.doc '`C7 Page 1 ORDINANCE 2017-ZO-V-EX-S-1496 AN ORDINANCE GRANTING VARIATIONS FROM PROVISIONS OF SECTION 13-3-6A-3d.3 OF TITLE 13("ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO THE LOCATION OF TRELLISES IN THE REQUIRED SIDE AND REAR YARD FOR THE PROPERTY LOCATED AT 25 ROBIN HOOD RANCH IN THE VILLAGE OF OAK BROOK, ILLINOIS PIN: 06-36-105-008 WHEREAS, an application has been filed by Julie Olafson Trust, as owner ("Owner'), of the property located at 25 Robin Hood Ranch, Oak Brook, Illinois, which is legally described in Exhibit A attached hereto and incorporated herein ('Property'l, requesting variations from Section 13-3-6A-3d.3 ("Variations'l of the Zoning Ordinance of the Village of Oak Brook, as amended ("Zoning Regulations', to allow for the construction of free standing trellises("Trellis(s)'�; and WHEREAS, Section 13-3-6A-3d.3 of the Zoning Regulations does not permit detached accessory structures to be located less than five feet(6)from the side or rear lot line in a residential district; and WHEREAS, on April 4, 2017, the Oak Brook Zoning Board of Appeals ("ZBA") conducted a public hearing on the application for the requested Variations, pursuant to due and appropriate legal notice; and WHEREAS, after the close of the public hearing, the ZBA found that the Owner satisfactorily addressed the factors required for approval of the variations set forth in Section 13-14-6D of the Zoning Regulations and in a letter to the President and Board of Trustees dated April 18, 2017 recommended approval of the Variations subject to certain conditions; and WHEREAS, on April 25, 2017, the Village President and the Board of Trustees reviewed the recommendations and concurred with the findings made by the ZBA; and WHEREAS, the applicable requirements of Section 13-14-6D of the Village Code relating to the granting of variations to the Zoning Regulations have been met and the Village President and the Board of Trustees deem the Variations, as set forth below, to be in the best interests of the Village. 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. Recitals. The foregoing recitals are restated and incorporated herein as the findings of the President and Board of Trustees. Section 2. Restatement and Grant of Variations. Subject to, and contingent on the conditions, restrictions, and provisions set forth in Section Three of this Ordinance, the Village Board of Trustees shall, and does hereby, approve variations to the Zoning Regulations to permit: 1. Variation to Section 13-3-6A-3d.3 of the Zoning Regulations to allow four (4) free standing Trellises to be constructed in the required rear yard and located not less than six-inches (6") from the rear lot line; and Ordinance 2017-ZO-V-EX-S-1496 25 Robin Hood Ranch-Variations PIN: 06-36-105-008 Page 2 of 8 2. Variation to Section 13-3-6A-3d.3 of the Zoning Regulations to allow one (1) free standing Trellis to be constructed in the required side yard and located not less than six-inches (6") from the side lot line; and 3. The three (3) proposed twelve-foot high (12') Trellises are to be reduced to a maximum height of ten feet(10'). Section 3. Conditions. The approval granted in Section 2 of this Ordinance is expressly subject to and contingent upon each of the following conditions: A. Substantial Conformance with Plans. The total of five (5) Trellises shall be constructed in substantial conformance with the Revised Site Plan, Sheet L1.1 prepared by Mariani Landscaping, revision date April 4, 2017, attached hereto and incorporated herein as Exhibit B. B. Compliance with Applicable Law. In addition to the other specific requirements of this Ordinance, the Property, the Trellises, and all of the operations and activities conducted on and in the Property, must comply at all times with all applicable federal, state, and Village statutes, ordinances, resolutions, rules, codes,and regulations. Section 4. Failure to Comply with Conditions. Upon failure or refusal of the Owner to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the Variations granted in Section 2 of this Ordinance will, at the sole discretion of the President and Board of Trustees, by ordinance duly adopted, be revoked and become null and void. Section 5. Binding Effect. This Ordinance and the privileges, obligations, and provisions contained herein shall inure solely to the benefit of, and be binding upon the Owner and any and all of its heirs, successors, and assigns, and upon any and all current and successor legal or beneficial owners of all or any portion of the Property. Section 6. Severabilitv. If any section, paragraph, clause or provision of this Ordinance shall be held invalid,the invalidity thereof shall not affect any of the other provisions of this Ordinance. Section 7. Effective Date. A. This Ordinance will be effective only upon the occurrence of all of the following events: i. Passage by the President and Board of Trustees of the Village of Oak Brook in the manner required by law; ii. Publication in pamphlet form in the manner required by law; and iii. The filing by the Owner with the Village Clerk, for recording in the Office of the DuPage County Recorder of Deeds, of an unconditional agreement and consent ("Unconditional Agreement and Consent')to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance. The unconditional agreement and consent must be executed by the Owner. The unconditional agreement and consent must be substantially in the form attached hereto and incorporated herein as Exhibit C. B. In the event that the Owner does not file with the Village Clerk the unconditional agreement and consent required by Paragraph 7.A.iii of this Ordinance within 60 days after the date of final passage of this Ordinance, the Board of Trustees will have the right, in their sole discretion, to declare this Ordinance null and void and of no force or effect. Ordinance 2017-ZO-V-EX-S-1496 25 Robin Hood Ranch-Variations PIN: 06-36-105-008 Page 3 of 8 APPROVED THIS 9"day of May, 2017. Gopal G. Lalmalani Village President PASSED THIS 9th day of May, 2017. Ayes: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk Ordinance 2017-ZO-V-EX-S-1496 25 Robin Hood Ranch-Variations PIN: 06-36-105-008 Page 4 of 8 EXHIBIT A LEGAL DESCRIPTION Property: LOT 20 IN ROBIN HOOD RANCH SUBDIVISION, BEING A SUBDIVISION OF PART OF THE WEST 1/2 OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 15,1953 AS DOCUMENT 685421, IN DUPAGE COUNTY, ILLINOIS. PIN: 06-36-105-008 Ordinance 2017-ZO-V-EX-S-1496 25 Robin Hood Ranch-Variations PIN: 06-36-105-008 Page 5 of 8 EXHIBIT B REVISED SITE PLAN —av�4m.rmus -mviownm.c ...wrr�'w"rou7Ymmus.�—wn,4t".pub �µ R:200.Oo' S e'oct T PwM W. fM P d_ oYwrm„PCV,,yy� r Olafson Residence 5951' = ��> y -.`. n A 25 Petin�aotl Rwcn > —__._�_ ;�..• .�" ,::•. 44+G r � gtB,ovF..M+a+EC33) IMt OI S e J6 2 gp StO •' �S.r• ..,.J S o------ y z sRoa rn j ¢o o i° rrse� S/re b A, un Proposed `- $w Improvement Plan R:152.75' u, Ywt Pa. n+++ Robin Hood Ranch L�. n_ /g. Ordinance 2017-ZO-V-EX-S-1496 25 Robin Hood Ranch-Variations PIN: 06-36-105-008 Page 6 of 8 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Oak Brook, Illinois("Village"): WHEREAS, an application has been filed by Julie Olafson Trust, as owner ("Owner"), of the property located at 25 Robin Hood Ranch, Oak Brook, Illinois, which is legally described in Exhibit A attached hereto and incorporated herein ("Property'l, requesting variations from Section 13-3-6A-3d.3 ("Veriations'l of the Zoning Ordinance of the Village of Oak Brook, as amended ("Zoning Regulations"),to allow for the construction of a total of five(5)free standing trellises("Trellis(s)"); and WHEREAS, Ordinance No. 2017-ZO-V-EX-S-1496, adopted by the President and Board of Trustees of the Village of Oak Brook on May 9, 2017 ("Ordinance"), grants approval of the Variations, subject to certain modifications, conditions, restrictions, and provisions; and WHEREAS, Section 7 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until Owner files this Unconditional Agreement and Consent with the Village Clerk and consents to accept and abide by each of the terms, conditions and limitations set forth in the Ordinance; NOW,THEREFORE, Owner does hereby agree and covenant as follows: 1. The Owner hereby unconditionally agrees to accept, consent to, and abide by all of the terms, conditions, restrictions, and provisions of the Ordinance. 2. The Owner acknowledges that: (i) public notices and hearings have been properly given and held with respect to the adoption of the Ordinance; (ii) the Owner has considered the possibility that the Variations granted by the Ordinance may be revoked if the Owner does not comply with the Ordinance; and (iii) The Owner agrees not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. The Owner acknowledges and agrees that the Village is not and will not be, in any way, liable for any damages or injuries that may be sustained as a result of the Village's issuance of any permits for the use of the Property, the construction of the Trellises and that the Village's issuance of any such permits does not, and will not, in any way, be deemed to insure the Owner against damage or injury of any kind and at any time. 4. The Owner agrees to and does hereby hold harmless and indemnify the Village, the Village's corporate authorities, and all Village elected and appointed officials, officers, employees, agents, representatives, and attorneys, from any and all claims that may, at any time, be asserted against any of such parties in connection with the operation and use of the Property, or the Village's adoption of the Ordinance. 5. The restrictions imposed by this Unconditional Agreement and Consent shall be restrictions running with the land and shall be binding upon and inure to the benefit of the Owner and his heirs, successors, assigns, agents, licensees, lessees, invitees, and representatives, including, without limitation, all subsequent owners of the Property, or any portion thereof, and all persons claiming under him to the extent provided in this Unconditional Agreement and Consent. If any of the privileges or rights created by this Unconditional Agreement and Consent would otherwise be unlawful or void for violation of (1)the rule against perpetuities or some analogous statutory provision, (2)the rule restricting restraints on alienation, or(3)any other statutory or common law rules imposing time limits, then the affected privilege or right shall continue only until 21 years after the death of the last survivor of the now living lawful Ordinance 2017-ZO-V-EX-S-1496 25 Robin Hood Ranch-Variations PIN: 06-36-105-008 Page 7 of 8 descendants of the current President of the United States, or for any shorter period that may be required to sustain the validity of the affected privilege or right. 6. This Unconditional Agreement and Consent may not be amended, modified, released or annulled except upon the express, prior written approval of the Village of Oak Brook. IN WITNESS WHEREOF, Julie Olafson, on behalf of Julie Olafson Trust, executed this Unconditional Agreement and Consent on this day of , 2017. Julie Olafson Julie Olafson Trust State of Illinois ) County of DuPage ) I, a Notary Public in and for the County and State aforesaid do hereby certify that Julie Olafson, personally known to me, and that he appeared before me this day of 2017, and acknowledged that she personally executed this instrument. Notary Public Seal Ordinance 2017-ZO-V-EX-S-1496 25 Robin Hood Ranch-Variations PIN: 06-36-105-008 Page 8 of 8 EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT LEGAL DESCRIPTION Property: LOT 20 IN ROBIN HOOD RANCH SUBDIVISION, BEING A SUBDIVISION OF PART OF THE WEST 1/2 OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 15,1953 AS DOCUMENT 685421, IN DUPAGE COUNTY, ILLINOIS. PIN: 06-36-105-008 i VILLAGE OF OAK BR ITEM 8.A. � OLAFSON-25 Rom How RANCH Variation—Location of Accessory Structures INDEX PAGE CONTENTS 19-19.a 9emorandum from Director Kallien, Development Services—Village Board Agenda—April 25, 2017 18 Revised Site Plan Showing the locations and Sizes of the Trellises as Recommended by the Zoning Board of Appeals—April 4, 2017. (Included—Not Attached) 17-17.a Zoning Board of Appeals Recommendation Letter dated April 18, 2017 16-16.e Zoning Board of Appeals Meeting Minutes dated April 4, 2017 15-15.b Staff Report from Director of Community Development Kallien—Dated March 24, 2017 14 Certificate of Publication dated March 15, 2017 13 Resident Letter dated March 13, 2017 12-12.a Zoning Board of Appeals Meeting Minutes dated March 7, 2017 11 Applicant Request for Continuance dated March 3, 2017 10-10.a DuPage County Forest Preserve District Comments dated March 3 and March 20, 2017 9 Aerial View of Site 8 Robin Hood Ranch Variations History 7-7-j Letters of Support from Surrounding Neighbors 6-6.d Letter of Opposition from Next Door Neighbor— 11 Robin Hood Ranch 6.e-6-h. Response from Applicant Regarding Opposition Letter- Email Communications between Parties 5 Certificate of Publication dated February 14, 2017 4 Resident Letter dated February 13, 2017 3 Board of Trustees Meeting Minutes dated February 14, 2017 2 Referral Memo—Board of Trustees Agenda dated February 14, 2017 1-1.a Zoning Regulations—Accessory Uses and Structures—Section 13-3-6A.3d—Location of Trellises and 13-3-613—Accessory Structures Permitted in Required Yards ******************* A Petition Application as Amended (Original included in Key files only) A.1-A.5 Amended Letter of Explanation and Variation Standards dated March 17, 2017 A.6 Affidavit of Former 25 Robin Hood Ranch Property Owner R-M 3 SUPERSEDED (Not included Key Files only)See Page A.1 C. Certification of Surrounding Property Owners D-13.2 Surrounding Property Owners List E Compliance with Disclosure of All Beneficial Interests F Fee/Receipt for Variation G Subject Property Verification with Legal Description H Pictures of the Property, Views of the Neighboring Home and Trellis(Included—Not Attached) f SUPERSEDED Sheet L.L.1 —(NOT Included— les only) See Pagel.1 1.1 REVISED Proposed Improvement Site Plan—Showing Proposed Locations and Heights of Trellises in Rear Yard and Side Yard—Sheet L.L.1 —Revision Date March 7, 2017(Included—Not Attached J SUPERSEDED LandsGape Plan With AppFA-Mimat9 Len-atie-.R of Tr-ellir-,es Based on Vegetation S Lq-9-—(NOT Included—Superseded—Key files only) See Page J.1 J-1 REVISED Landscape Plan With Approximate Location of Trellises Based on Vegetation Sheet L7.0—Revision Date March 7, 2017(Included—Not Attached) K Site Details of Trellises Sheet L8.0—Dated November 11, 2016(Included—Not Attached) ITEM 8.A BOARD OF TRUSTEES MEETING VILLAGE OF SAMUEL E. DEAN BOARD ROOM OAK BR , K BUTLER GOVERNMENT CENTER nole 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of April 25, 2017 SUBJECT: Olafson—25 Robin Hood Ranch—Variations—Accessory Structures— Located in the Rear and Side Yards FROM: Robert L. Kallien Jr., AICP,Director—Development Services BUDGET SOURCE/BUDGET IMPACT: NA RECOMMENDED MOTION: I move that the Village Board concur with the recommendation from the Zoning Board of Appeals approving the requested variation to Section 13-3-6A-3d.3 of the Zoning Regulations for the property located at 25 Robin Hood Ranch to allow the installation of a total of five (5) trellises, as follows: 1. Four (4) trellises to be located in the rear yard, one (1) trellis to be located in the side yard and installed in substantial conformance with the site plan as modified and approved, subject to the following conditions: 2. The three (3) proposed twelve-foot (12') high trellises are to be reduced to a maximum height of ten feet(10'). 3. All trellises are to be located not less than six-inches (6") from the property line. 4. Add the condition "Notwithstanding the attached exhibits,the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived"; and 5. Adoption of an Ordinance necessary to grant the requested Variations, which Ordinance the Village Attorney shall by this motion be directed to prepare for consideration at the May 9,2017 Board of Trustees meeting. Background/History: At its meeting on April 4, 2017, the Zoning Board of Appeals held the required public hearing on a petition from the Julie Olafson, owner of the property located at 25 Robin Hood Ranch seeking approval of a variation to Section 13-3-6A-3d.3 of the Zoning REG BOT 041252017 Agenda Item 8.A-25 Robin Hood-VAR.doc RG Page 1 19. Ordinance in order to install five (5) free-standing trellises as accessory structures in the required rear yard and one(1) free-standing trellis in the required side yard. The applicant proposed that the trellis panels would be installed at a minimum of six (6) inches inside the rear and side yard property line and would range in height from six (6) to twelve (12) feet. Please see the case file for additional information regarding this request. Public Comment All interested parties were notified of the public hearing. Several neighbors in the Robin Hood Ranch subdivision spoke in favor of the request and quite a few submitted letters supporting the request, including the neighbor whose property abuts the side yard where a trellis would be placed. The neighbor whose property abuts the rear yard sent a letter in opposition to the request. For a more detailed description of the residents comments, please review the case file. Recommendation: The Zoning Board of Appeals reviewed the request and had a few concerns. As a result of the Zoning Board discussion and suggestions, the applicant agreed to reduce the total number of trellises in the rear yard from five (5) to four (4) and to also limit the maximum height of the proposed 12 foot high trellises to 10 feet. The southernmost trellis depicted on the site plan would be removed. Finding that the applicant had satisfied the requirements for the requested variation as modified,by a vote of 5 to 1, the Zoning Board of Appeals recommended approval of the proposed variation to Section 13-3-6A-3d.3 of the Zoning Ordinance to allow the installation of a total of five(5)trellises, as follows: 1. Four(4) trellises are allowed to be located in the rear yard and one (1) trellis may be located in the side yard, subject to the following conditions: 2. The southernmost sixth (6th) trellis proposed to be in the rear yard is to be eliminated from the site plan. 3. The five (5) trellises are to be installed in substantial conformance with the site plan as modified and approved. 4. The three (3) proposed twelve-foot (12') high trellises are to be reduced to a maximum height of ten feet(10'). 5. All trellises are to be located not less than six-inches (6") from the property lines. 6. Add the condition"Notwithstanding the attached exhibits,the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived." REG BOT 041252017 Agenda Item 8.A-25 Robin Hood-VAR.doc Page 2 19.a ---------- . ........ ... ...... ............ .......... ------ ..... . 300 Rockland Road Lake Bluff,Illinois 60044 I N5TAL L A TION AREA Phone 847.234.2172 Fax: 847.234.2754 (12 LF)k.HT.TPELL15 (12 LF)6 HT.TRELLIS NOTES; 1.TRELL15 PANELE,TO 5E IN5TALLEO 6"MIN.IN51DE OF PROPEKTY LINE ELL15 (12 LF)V HT.TKELL15 (7 LF)1 F T.TKELL15 N 2.LOCATION OF TPELL15 PANELS TO BE FINALIZED IN THE FIELD BASED ON EXISTING FOOT 5TIZUCrUKE5. CIL 3.TRELLISES AND AK130K TO BE .68' i PAINTED WHITE 3.24' R' 20 -00 Project: M oCk 0) X L—j The Fish--Pond 03/07/2017 REVI -0 Block�Pond fitt CD (0 0 :3 EX1STING TRELLIS PANEL 7 Olafson I J,1�_, (7 LF)6 HT.TKELL15 Block On L' 1 W-10"LONG x 5'-2"TALL (D :7 6'-01'FINIAL 0 EY1.5nNG TRELL15 PANEL 0 0 7' CL r-4 Residence fl LONG 6-1011 FINIAL -V. 79.54 25 Robin Hood Ranch EMSTING TIZELLIrp PANEL Oak Brook,Illinois 60523 1 1 42" 1, N 4�10"LONG x 4'-10"TALL .0, > 9-8"FINIAL • APDQK W11613LE GATE,", Q> (30 5F)BRICK PAVING Cr GO: �12 LF)6 HT.TiELL15 C:) .......... ............ --, % One C11, H N 0 72 \ \ or,\, Aj r'ck PO k CID 0) =16 C _a ti 12. 0 K r- P Rr V/.SC -,Y. —d November 11.2016 0 0 Date Desonpeon: By EX15TING TKELL15 PANEL — 03,1)7/2017 ADD EXIST.TRELLISES MW 114� 9'-0'LONG x 6-T'TALL CD 6'-3"FINIAL.4"54 OrENING5 $5'Bldg.Line/ J�A '0 EXISTING AP130P W/GATE 4�-2"LONG x 7-6'TALL rsatl� =r CD (D D-g-d Mw App—ea:TL 0 Cie M C) Sheet Tide: Co 01) CL Proposed im .56, S Q. Improvement C! (n CD Plan 0 R. 152.75' S" Ca 7L77m.� 0 T 1(y w w Access To (D Z York Rd. 0 Sheet No: Robin Hood Ranch L� . � PoldNo:OLA16070 FAAFUAM "Orm- E K OF 04 • • d 90 � O C' y `\�� April 18, 2017 9C�OOUNT`I Village President and Board of Trustees Village of Village of Oak Brook Oak Brook 1200 Oak Brook Road 1200 Oak Brook Road Oak Brook, IL 60523 Oak Brook,IL 60523-2255 Website Subject: Julie Olafson Trust—25 Robin Hood Ranch—Variations to Section www.oak-brook.org 13-3-6A-3d.3 of the Zoning Ordinance to Allow Free Standing Administration Trellises as Accessory Structures to be located closer than five feet 630.368.5000 5' from the Rear and Side lot lines. FAX 630.368.5045 ( ) Community Dear Village President and Board of Trustees: Development 630.368.5101 FAX 630.368.5128 Background At its meeting on April 4, 2017, the Zoning Board of Appeals held the required Engineering public hearing on a petition from Julie Olafson, owner of the property located at 25 Department Robin Hood Ranch seeking approval of a variation to Section 13-3-6A-3d.3 of the 63030.36151 Zoning Ordinance in order to install five 5 free-standing trellises as accessory FAX 630.368.5128 g ( ) g Y structures in the required rear yard and one (1) free-standing trellis in the required Fire Department side yard. 630.368.5200 FAX 630.368.5251 The application proposed that the trellis panels would be installed at a minimum of Police Department six (6) inches inside the rear and side yard property line and would range in height 630.368.8700 from six (6) to twelve (12) feet in height. Please see the case file for additional FAX 630.368.8739 information regarding this request. Public Works Department Public Comment 630.368.5270 All interested parties were notified of the public hearing. Several neighbors in the FAX 630.368.5295 Robin Hood Ranch subdivision spoke in favor of the request and quite a few submitted letters supporting the request, including the neighbor whose property Oak Brook Public Library abuts the side yard where a trellis would be placed. The neighbor whose property abuts the rear yard sent a letter in. opposition to the request. For a more detailed 600 Oak Brook Road description of the residents comments,please review the case file. Oak Brook,IL 60523-2200 630.368.7700 ZBA Discussion/Recommendation FAX 630.368.7704 The Zoning Board of Appeals members reviewed the request and had a few Oak Brook Sports Core concerns. One was concerned about the total number of trellises, one was concerned with the trellises that were 12-feet in height, and another felt that the Bath&Tennis Club trellises were a fence. The other members were supportive of the request as 700 Oak Brook Road presented. Oak Brook,IL 60523-4600 630.368.6420 FAX 630.368.6439 As a result of the Zoning Board discussion and comments,, the applicant agreed to reduce the total number of trellises in the rear yard from five (5) to four (4) and to Golf Club 2606 York Road Oak Brook,IL 60523-4602 630.368.6400 FAX 630.368.6419 April 18, 2017 Village President and Board of Trustees RE: Olafson—25 Robin Hood Ranch—Variation Page 2 also limit the maximum height of the proposed 12 foot high trellises to 10 feet. The southernmost trellis depicted on the site plan would be removed. Finding that the applicant had satisfied the requirements for the requested variation (as modified), by a vote of 5 to 1, the Zoning Board of Appeals recommended approval of the proposed variation to Section 13-3-6A-3d.3 of the Zoning Ordinance to allow the installation of a total of five (5)trellises, as follows: 1. Four (4) trellises to be located in the rear yard, one (1) trellis to be located in the side yard and installed in substantial conformance with the site plan as modified and approved, subject to the following conditions: 2. The southernmost sixth (6th) trellis proposed to be in the rear yard is to be eliminated from the site plan. 3. The three (3) proposed twelve-foot (12') high trellises are to be reduced to a maximum height of ten feet(10'). 4. All trellises are to be located not less than six-inches (6") from the property lines. 5. Add the condition "Notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived." Very truly yours, NOTE: Acting Chairman Savino has reviewed and verbally approved the content of this letter pending his signature. The signed original will be placed in the official file upon receipt. Alfred Savino Acting Chairman Zoning Board of Appeals i ZBAChairletter-25 Robin hood Ranch-Trellis VAR-2017-VAR-GP.doc April 18, 2017 Village President and Board of Trustees RE: Olafson—25 Robin Hood Ranch—Variation Page 2 also limit the maximum height of the proposed 12 foot high trellises to 10 feet. The southernmost trellis depicted on the site plan would be removed. Finding that the applicant had satisfied the requirements for the requested variation (as modified), by a vote of 5 to 1, the Zoning Board of Appeals recommended approval of the proposed variation to Section 13-3-6A-3d.3 of the Zoning Ordinance to allow the installation of a total of five (5)trellises, as follows: 1. Four (4)trellises to be located in the rear yard, one (1) trellis to be located in the side yard and installed in substantial conformance with the site plan as modified and approved, subject to the following conditions: 2. The southernmost sixth (6th) trellis proposed to be in the rear yard is to be eliminated from the site plan. 3. The three (3) proposed twelve-foot (12') high trellises are to be reduced to a maximum height of ten feet(10'). 4. All trellises are to be located not less than six-inches (6") from the property lines. 5. Add the condition "Notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived." Very truly yours, Alfred Savino Acting Chairman Zoning Board of Appeals ZBAChairletter-25 Robin hood Ranch-Trellis VAR-2017-VAR-GP.doc VILLAGE OF MINUTES OF THE APRIL 4, 2017 OAK BR K REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN OR AMENDED , 2017 1. CALL TO ORDER: CALL TO ORDER The Meeting of the Zoning Board of Appeals was called to order by Acting Chairman Alfred Savino in the Samuel E. Dean Board Room of the Butler Government Center at 7:03 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Acting Chairman Alfred Savino, Members Jeffrey Bulin, Natalie Cappetta, Baker Nimry, Steven Young and Wayne Ziemer ABSENT: Chairman Champ Davis Member, IN ATTENDANCE: Mark Moy, Trustee, Robert L. Kallien, Director, Development Services, Rebecca Von Drasek, Planner and Gail Polanek, Planning Technician 3. APPROVAL OF MINUTES: MINUTES SPECIAL MINUTES OF THE MARCH 7, 2017 MEETING MARCH 7, 2017 Motion by Member Nimry, seconded by Member Bulin to approve the minutes of the March 7, 2017 Regular Zoning Board of Appeals meeting as written. VOICE VOTE: Motion carried. 4. UNFINISHED BUSINESS UNFINISHED BUSINESS A. JULIE OLAFSON TRUST — 25 ROBIN HOOD RANCH — VARIATION — OLAFSON TRUST- 25 ROBIN HOOD ZONING ORDINANCE SECTION 13-11-9 —ACCESSORY STRUCTURES — RANCH - I3-11-9 TRELLISES ACCESSORY STRUCTURES Acting Chairman Savino announced the public hearing. All witnesses providing testimony were sworn in. Director Kallien provided a brief review of the interpretation of `fences' and it was determined that the request was not for a fence because it was more than 42-inches VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1 of 10 March 7, 2017 in height, far more dense than 50 percent open and did not meet the criteria for a fence-like structure and was determined to be a trellis as the applicant indicated, and is being treated as an accessory structure. Accessory structures can be up to 15-feet in height,but must be located at least 5 feet from the lot line. Walter Morrissey, Lillig & Thorsness, Ltd., Attorney for the Petitioner, Julie Olafson, property owner of 25 Robin Hood Ranch made a presentation regarding the request for the six (6) proposed trellises. He noted that the situation was not that of the applicant's doing, but rather the natural occurrence of a single story older home being torn down and replaced with a new residence at 11 Robin Hood Ranch with a 30 foot tall brown slab wall, which is intrusive and the site lines are right into the garden area and patios and has created his client's need for the trellises to provide privacy for the enjoyment and use of one's yard and to buffer/shield her from invasive sight lines. Mr. Morrissey argued that the trellises were not a fence, but an appropriate screen to give his client privacy within her backyard. The trellises will be interspersed with plantings. The trellises will not only provide privacy but will help to protect the home's property values. He addressed the Variation standards. He suggested that the project would not negatively impact property values. The neighbors enjoy the gardens as well. The single story home was replaced with an approximately 4.5 larger size, multi-story residence with a brown slab wall. If the relief is granted, it will not set a precedent in the Village. The Robin Hood Ranch is a unique subdivision. The two lots are interior to the subdivision and the lots narrow going north to south. The lot dimensions and the unique lot sizes and shapes within the R-2 zoned Robin Hood Ranch subdivision where lots are all less than one acre had created the issue. He explained that Ms. Olafson planned to grow vegetation on the trellises and mulch the base which would further improve the appearance. He reviewed pictures of the existing site, showing the garden and landscape features, existing trellis that had been in place, the sight lines with the view of the neighboring house along the west boundary line. Tony Lobello, from Mariani Landscaping spoke on behalf of Ms. Olafson, explained that the challenge at 25 Robin Hood Ranch is the existing shade trees and their root zone inhibits some landscaping options. He explained that the trellises were an attempt to create a charming cottage garden and reduce the deer damage to landscaping. Mr. Morrissey stated that each of the standards were addressed in detail with the application and were included in the case file. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 10 March 7, 2017 ��•Gib. Member Ziemer asked which neighbor had objected to the proposal. Mr. Morrissey responded the neighbor to the west at 11 Robin Hood Ranch. Member Nimry observed that he did not like the appearance of the white wall that would be created by the trellises more than the brown brick wall of the neighboring house. Ms. Olafson noted there were 10 trees separating the properties. There were five when she bought the house and she emphasized that she installed another five trees. Two were 10-foot Colorado spruces, two 10-foot giant arborvitae since it is most deer resistant along with a pear tree. The trellises were designed to be interspersed with the landscaping. Most of the vegetation on the neighbor's property, which had previously heavily wooded and landscaped had been removed during construction and no vegetation/trees, with the exception of grass had been added since construction had been completed in 2016. She also explained that the deer eat the arborvitae. She emphasized that the trellises are separated by landscaping and she disagreed with the characterization that it would look like a white wall. Member Nimry added that it would take time for the landscaping to establish itself and that the 12-foot high trellises will be very tall. Member Bulin pointed out that he was familiar with the English Garden design and found the proposed design elements attractive. Acting Chairman Savino indicated that he had visited the subject property and discussed the project with Ms. Olafson. He said that he had a hard time with the number of trellises. He also noted that the trellises are still below the second story of the home to the west would still have a line of sight into 25 Robin Hood Ranch's backyard. Ms. Olafson responded that when she purchased her home the one-story house then at 11 Robin Hood Ranch had significant landscaping and trees and was much more private. There was a trellis on the property that dated back to 1998. Member Young informed the applicant that deer damage would likely still occur. He inquired as to the type of materials used for the posts. Mr. Lobello responded that the cedar posts were anchored in concrete. Member Young also confirmed that an irrigation system would be installed to keep up the landscaping. Ms. Olafson agreed. Member Cappetta stated that she viewed the property and did not realize how very close the back of the properties and houses were to each other. With the plantings VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 10 March 7, 2017 • and spacing between the trellises she did not see them as a fence or a wall and that these decorative features created good separation of the properties and did not see the issue expressed. These two houses are the closest houses in Robin Hood Ranch and neither house has a backyard. Although the new house is in compliance with the zoning code, it was not expected to happen. She believed the relief to the Code was warranted. She felt that the trellises would be nice in appearance. Member Bulin noted the difficulty with the size and shape of the property to comply with the zoning regulations. Director Kallien reported that rezoning of the entire area had been discussed ten years ago but that the preferred decision was that it would be more appropriate for homeowners to seek variations rather than rezone the properties. These lots are very oddly shaped and do not have what you would expect for a rear yard. This type of subdivision would strongly be discouraged from being approved. Acting Chairman Savino viewed the property as well and noted that the garden is probably only 5 feet wide, and if the trellises were moved 5 feet then it would be on the other side and would look like the landscaping belonged to the neighbor, so she has a difficult situation to comply with the 5 foot requirement. He felt there was too much length of trellis. Member Ziemer asserted that the proposed 12-foot height was a bigger concern for him rather than the length. The applicant's side of the trellis would be covered with landscaping and would soften the effect, but the other side facing the neighbor may or may not. Mr. Morrissey suggested that his client would be willing to reduce the height of the three 12 foot trellises if needed. Acting Chairman Savino recognized members of the audience wishing to speak in favor of the application. Stanley Strand, 27 Robin Hood Ranch, and who is on the Architectural Review Committee for Robin Hood Ranch, stated that he was in favor of the trellises. As the neighbor north of the property he felt that his property benefited from the improvements. He noted that replacing the arborvitae would only result in the deer eating the bushes and showed a picture of the row of arborvitae that had been eaten by the deer going up six and seven feet as high as they could reach, then they were green on top. She replaced it with the trellis that had been moved abutting their property and they think it is a great improvement. It is on a wall and with the grade difference it is probably about nine feet tall from their side and it looks wonderful VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 10 March 7, 2017 • and is a vast improvement to what was there. They also have the 30-foot wall to stare at from their side and there is no trellis that they could put up to change it. Margaret Murphy, 26 Robin Hood Ranch and president of the Homeowner's Association supported the request for the trellises. She lives directly across the street. She read Mr. Khan's letter in which he mentions openness and she was surprised that would be an issue for him especially when his house was being built. Her view used to be openness, with beautiful majestic trees, now it is the brown wall (she pointed to the screen showing the side of the house). She noted that from the garage there is a compressor and air conditioner. She did not know when it became an issue for him,but it was after his house was built. No one in the audience spoke in opposition to the request. Acting Chairman Savino referenced the objection letter and correspondence received from the property owner at 11 Robin Hood Ranch that was included in the case file. Director Kallien observed that this type of request is unique. He noted that it was not a fence and it appears to be more of a privacy issue. He noted that there was some rationale as to why this privacy feature cannot be located 5-feet from the property line. He added that the question appears to be what would be the appropriate height. There may be others with similar issues in the subdivision and over time some of the houses will be replaced with possibly similar structures. Going forward this type of relief may be requested by others; however, every lot and situation is unique. Acting Chairman Savino polled the members. Member Ziemer noted that his only objection was the 12 foot trellis height, but was open to discussion with the Board. Member Cappetta noted that she did not have any objections and added that if all the neighbors' plant 15-foot evergreens it would box in the yards. With the proposal there are trellis and landscaping which is still open. Solid evergreen would look like green fences and the deer would eat them, like they were shown in the pictures, hollow on the bottom and green on top, would not look good. This will help and will keep things open and beautiful. Member Bulin noted that he did not have any objections and repeated his appreciation of the English Garden. Member Nimry stated that the trellises look and feel like a fence. He did not have a VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 10 March 7, 2017 /6 •at.. • solution, but noted that he liked what they did around Midwest Club with the evergreens surrounding a chain link fence, that cannot be seen. He argued that the neighbors should work together to find a better alternative. There was a brief discussion regarding chain link fences. Director Kallien added that as far as accessory structures, there could be a continuous 15 foot high structure, going around the property as long as it was located 5 feet from the property line and would be allowed by Code. He asked if the applicant would give any thought to varying the height of the trellises. Acting Chairman Savino questioned the southernmost trellis be removed and reduce the height of the other trellises to 10 feet. Ms. Olafson agreed to eliminate the southernmost trellis, which is toward the garage. Member Young cautioned the property owner that once installed the structures may act as a sail in high winds. He acknowledged visiting the Chicago Botanical Garden and appreciating the English Gardens but cautioned that the height might be too tall. Acting Chairman Savino noted that the applicant had addressed the main standards and were addressed in writing on pages A-1 to A-5 of the case file. Motion by Member Young, seconded by Member Ziemer to recommend approval of the variation to Section 13-11-9 of the Zoning Ordinance to allow the installation of a total of five(5) trellises, as follows: 1. four(4) trellises to be located in the rear yard and one (1) trellis to be located in the side yard, and are to be installed in substantial conformance with the site plan as modified and approved. 2. The southernmost sixth (6t'') trellis proposed to be in the rear yard is to be eliminated from the site plan. 3. The three (3) proposed twelve-foot (12') high trellises are to be reduced to a maximum height of ten feet(10'). 4. All trellises are to be located not less than six-inches (6") from the property line. 5. Add the condition "Notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived." ROLL CALL: Ayes: 5 — Members Bulin, Cappetta, Savino,Young and Ziemer Nays: 1 — Member Nimry Absent: 1 — Chairman Davis. Motion Carried. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 6 of 10 March 7, 2017 VILLAGE OF OAK BROOK Zoning Board of Appeals STAFF REPORT DATE: March 24, 2017 CASE NO: 2017-02-ZO-VAR DESCRIPTION: Variation — Construct five (5) free standing trellises in a required rear yard and one(1) in a required side yard. PETITIONER: Julia Ann Olafson Trust 25 Robin Hood Ranch Oak Brook, IL 60523 ADDRESS/LOCATION: 25 Robin Hood Ranch—Robin Hood Ranch Subdivision EXISTING ZONING: R-2, Single-Family Detached Residence District ZONING/USE OF SURROUNDING PROPERTY: North: R-2, Single-Family Detached Residence District, single-family homes in the Robin Hood Ranch Subdivision. South: R-2, Single-Family Detached Residence District, single-family homes in the Robin Hood Ranch Subdivision. East: R-2, Single-Family Detached Residence District, single-family homes in the Robin Hood Ranch Subdivision. West: R-2, Single-Family Detached Residence District, single-family homes in the Robin Hood Ranch Subdivision. DISCUSSION: The Julia Ann Olafson Trust, owner of the property at 25 Robin Hood Ranch has submitted an amended petition seeking approval of a variation to Section 13-3-6A3d of the Zoning Ordinance in order to install five (5) free-standing trellises as accessory structures in the required rear yard and one(1) free-standing trellis in the required side yard. The trellis panels will be installed at a minimum of six (6) inches inside the rear yard property line and will range in height from six (6) to twelve(12) feet in height. Please see the materials provided by the petitioners in the case file for a more detailed description and the rationale for the requested variation. Staff Comments Please note the following: - k STAFF REPORT—VARIATIO JULIA ANN OLAFSON TRUST 25 ROBIN HOOD RANCH CASE No.2017-02-ZO-VAR 1. Accessory structures are currently limited to a maximum height of fifteen (15) and cannot be located closer than five feet from a property line. 2. If the applicant wanted to pursue a fence at these locations, they would be limited to a structure 42-inches in height and would need to be at least 50 percent open, but could be located along the perimeter of the property. 3. Trellises are permitted in the required yards providing they are attached to the principal structure and are not more than 15 feet in height. They cannot be free standing. There is one trellis attached to the house that is not included in the request. 4. The proposed trellises are finished on both sides. RESPONSIBILITIES OF HEARING BODY: The Zoning Board of Appeals has the responsibility to make a recommendation on a request for a variation. Please include in your consideration your findings with respect to the standards specified in the Zoning Ordinance for a variation. The materials submitted by the applicant specifically address these standards (see the case file). Those standards are: "Section 13-14-6 D. Standards: 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. b. The plight of the owner is due to unique circumstances. c. The variation, if granted, will not alter the essential character of the locality. 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. 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. 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. 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. 2 STAFF REPORT-VARIATIO JULIA ANN OLAFSON TRUST 25 ROBIN HOOD RANCH CASE No.2017-02-ZO-VAR e. That the purpose of the variation is not based exclusively upon a desire to make more money out of the property. f. That the alleged difficulty or hardship has not been created by any person presently having an interest in the property." CONCLUSION: If the Zoning Board of Appeals is of the opinion that the applicant has satisfied the requirements for the requested variation to the Zoning Ordinance for the property at 25 Robin Hood Ranch, a recommendation including specific reasons for its recommendation to approve the requested variation to construct a total of six (6)trellises subject to the following conditions: 1. The proposed development shall be constructed in substantial conformance to the approved plans as submitted. 2. Add the condition "Notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived." However, if you determine that the petitioner has not satisfied the required standards for a variation, the request should be denied and including specific reasons for its recommendation to deny the requested variations. Respectfully Submitted, Robert L. Kall' Jr�P Director of _ nity Development 3 NOTICE IS HEREBY 01 9N that a Public 111 heart • �� o�oAppg®eaels�otk�, me"VI�lape of � �0 CEk Caunties,pllpno}s wfidl b held on Tuesday,April 4, 2 7 at 7:00 p.m,in the Sam- uel E.Dean Board Room of the k ° pa' °d CERTIFICATE OF PUBLICATION k Brook Ill nols 6ossg3 Paddock Publications,Inc. the our pose of asnsiderin0 the applicotlonf the Ju• DWI � Its Oloson Trust, 25 Robin k Br Hood Rangh Oak ook,I s I Hole 60323.the applicant is seeking a variation as pro- vided for under Titre 13 of the Zoning ordinance of the Villa ge r k, MI. Corporation organized and existing under and by virtue of the laws of pf OaK Boo nois, Ordinance G 60 as pamended.h cant Is seeking ap- the State of Illinois,DOES HEREBY CERTIFY that it is the publisher IOlolv%lr the consttrrr c"tion°of of the DAILY HERALD.That said DAILY HERALD is a secular five (5) trellises In the re- quired rear yard and one(1) newspaper and has been circulated daily in the Village(s)of trellis In the required slide yard. All six (6) trelltSex Addison,Bensenville,Bloomingdale Carol Stream Glendale Heights, Yard. will be located not less than r ptre8 from the Property line,The trellises Glen Ellyn,Itasca,Keeneyville,Lisle Lombard Medinah Naperville p range in height from six(61) to twelve(12')feet. Oak_Brook,Oakbrook Terrace,Roselle Villa Park Warrenville nor- ally property srrbd as 2255 R bin West Chicago,Wheaton,Winfield,Wood Dale Aurora Elmhurst Hood Ranch,Oak Brook,ll- 1008,ianddllegaIPIN:escrr�bed1 ads Woodridge fol lows; LOT.20 IN ROBIN HOOD RANCH SUBDiVISI-ON, BEING A $USOIVISION OF 1/2 OFE CTION 36 TOWN SHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PMNCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RE- CORDED JUNE 151953 AS DOCUMENT 6852 1, IN DUDOSAGE COUNTY, ILLI- S. Al l persons desiring to be heard will be afforded an op- parl nIty to do so and may submit their statements orally or in writing or both. The hegaaring may be re- cessed timeheand date place thereof is publicly an- nounced at the hearing or Is 9ht,e try newspaper pubu- COUnty(IeS)Of DuPage cation not less than five(5) days prior to the date of the and State of Illinois continuous) for more than one year prior to the recessed hearing. � Y Y P The village's application In- eluding all supporting docu• date of the first publication of the notice hereinafter referred to and is of el pment file with the es general circulation throughout said Village(s),County(ies)and State. Department. Persons Wish- ing to examine the petition docum is may arrange to do ur w'T the Devei met I further certify that the DAILY HERALD is a newspaper as defined in Services Deportmenn VPI! Y loge of Oak f3r00k,12Q0 Oak if Bwk Rtoad,OOak Brook I an Act to revise the law in relation to notices" as amended in 1992 5106. Illinois Compiled Statutes, Chapter 715,Act 5, Section 1 and 5.That a In accord with the provi- sions o+ithee American ci' notice of which the annexed printed slip is a true copy,was published of ual who is in need of o March 15, 2017 in said DAILY HERALD. reasonable accommodation In rfrom attenddance at this public meeting of the Village of Oak Brook should IN WITNESS WHEREOF,the undersigned,the said PADDOCK the (Village , PUBLICATIONS,Inc.,has caused this certificate to be signed by, this at 630-3685010 as soon as Pat sible before the meeting authorized agent,at Arlington Heights, Illinois. date or for TOO response g g (630)990-2131 as soon as pos- srble before the meeting Charlotte Pruss PADDOCK PUBLICATIONS,INC. a��°�ened.ot the direction of DAILY HERALD NEWSPAPERS the Gsar=te Authorities and the Zonina Boord of of Village of DuPaged Cook Counties,Illlnols. Published in Daily Herold March 15,2017(4467164) BY Authorized Agent Control#4467164 E OF 0.4 4, • • Q. G �P X90 � O e e d y G CO Nil ,\\\ Village of March 13, 2017 Oak Brook 1200 Oak Brook Road Oak Brook,IL 60523-2255 Dear Resident: Website www.oak-brook.org The Oak Brook Zoning Board of Appeals and the Village Board will be considering a Administration variation to the Zoning Regulations as requested below at its meetings scheduled 630.368.5000 on the reverse side of this notice. FAX 630.368.5045 The application has been filed by: Julie Olafson Trust Community Development 25 Robin Hood Ranch 630.368.5101 Oak Brook, IL 60523 FAX 630.368.5128 The property in question is located at: 25 Robin Hood Ranch Engineering Department Relationship of applicant to property: Owner 630.368.5130 FAX 630.368.5128 Beneficiary of Trust: Julie Olafson Fire Department 25 Robin Hood Ranch 630.368.5200 FAX 630.368.5251 Oak Brook, IL 60523 Police Department Also shown on the reverse side of this notice is a map* of the area to assist you in 630.368.8700 determining your relationship to the property in question. FAX 630.368.8739 Public Works At the March 7, 2017 Zoning Board of Appeals meeting, the petitioner's attorney Department appeared and requested a continuance of the public hearing to April 4, 2017 to 630.368.5270 allow time for the petitioner to amend the original application for the property listed FAX 630.368.5295 above to include a variation to allow a trellis in the required side yard of the property. This is in addition to the original request that is seeking approval of a Oak Brook variation to construct five (5) trellises in the required rear yard. The amended Public Library application is now seeking relief to allow a total of six (6) trellises; one (1) to be located in the required side yard and five (5) to be located in the required rear yard. 600 Oak Brook Road The trellises range in height from six (6') to twelve (12') feet and all will be located Oak Brook,IL 60523-2200 not less than six inches (6") from the property line. 630.368.7700 FAX 630.368.7704 If you desire more detailed information, please contact the Development Services Oak Brook Sports Core Department at 630-368-5106 between 8-4, Monday through Friday. Bath&Tennis Club Sincerely, 700 Oak Brook Road Oak Brook,IL 605234600 630.368.6420 FAX 630.368.6439 Robert L. Kallien, Jr. Golf Club Director, Deve ment Services 2606 York Road Oak Brook,IL 60523-4602 RLK/gp 630.368.6400 FAX 630.368.6419 In accord with the provisions of the Americans with Disabilities Act, any individual who is in need of a reasonable accommodation in order to participate in or benefit from attendance at a public meeting of the Village of Oak Brook should contact the Butler Government Center (Village Hall), at 630-368-5010 as soon as possible before the meeting date or for TDD response (630) 990- 2131 as soon as possible before the meeting date. All meetings are held in the Butler Government Center of the Village of Oak Brook, located at 1200 Oak Brook Road (31st Street and Spring Road), Oak Brook, Illinois. Zoning Board of Appeals**..............................7:00 P.M., Tuesday, April 4, 2017 Board of Trustees Meeting 7:00 P.M., Tuesday, April 25, 2017*** ** Public Hearing Body ***Tentative— Follows the completion of the Zoning Board of Appeals public hearing ilj l i—f1 I '! t3l 405 - I I 321 218 215 117 115 107 3111 681 i{. 313 305203®�/� 3121 } 3203 3202 i 3207 { 3208 3212 {{{ pq 200 114 104 � f r .� 3213 1'3215 3,8 314 300 214 � 424 418--r 403 � J � I f33(* 419 j 3308 313 305 331 ! .. 1 i� �I 4 z 3915 3521 8 Mil` H5 5;.33 34 340 3403 3411 { 11 J 33 8 32 3412 4 7 31 i��2 5 i1 10 8 27 I � � 2 e� 9420 4 3518+ � 12 '( 28 � 3517 '-�-� --.-�-._.. 'i 11 25• �1 } i ,e �! ze - L N )2 \ ! 1 5 1. 35081/ `�:�/' I 3800 9804�� 7 j i{ 51 1 t: 17 0 ( 4) 15 20 22 3514 t �1. 3325 20 3524 t 3602 3518 l _ 5 I ; ate 412 408 402 320 316 380, 422(( OCATION 808 i 413 1'314 3 3800 ` , 1425 418 OF 5 3515 3810 ,*._- ~s22 505 pRopok" yen 351e >S 4i „ 5 7 '3701 - 382 3622 I'• 3827 3 `B Ica { fP� 525511 -- *Note: The map provided is only an aaoroximation of the area in qU- {on and is intended to be used only as a visual aid to determine your relationship to the pro* • Olafson Trust-25 Robin Hood Ranch-Amend VAR-2017.res.ltr.doc VILLAGE OF MINUTES OF THE MARCH 7, 2017 OAK B R 92,. ; - K REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN OR AMENDED , 2017 1. CALL TO ORDER: CALL TO ORDER The 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 6:59 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairman Champ Davis, Members Jeffrey Bulin, Natalie Cappetta, Baker Nimry, Alfred Savino and Wayne Ziemer ABSENT: Member Steven Young, IN ATTENDANCE: John Baar, Trustee, Robert L. Kallien, Director, Development Services, Rebecca Von Drasek, Planner and Gail Polanek, Planning Technician 3. APPROVAL OF MINUTES: MINUTES SPECIAL MINUTES OF THE JANUARY 17, 2017 MEETING JANUARY 17, 2017 Motion by Member Savino, seconded by Member Ziemer to approve the minutes of the January 17, 2017 Special Zoning Board of Appeals meeting as amended. VOICE VOTE: Motion carried. 4. UNFINISHED BUSINESS UNFINISHED BUSINESS There was no unfinished business to discuss. 5. NEW BUSINESS NEW BUSINESS 5. A JULIE OLAFSON TRUST — 25 ROBIN HOOD RANCH — VARIATION — OLAFSON TRUST 25 ROBIN HOOD ZONING ORDINANCE SECTION 13-11-9 —ACCESSORY STRUCTURES — RANCH - 13-11-9 TRELLISES ACCESSORY STRUCTURES TRELLIS i VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page I of 14 March 7, 2017 �a. Chairman Davis announced the public hearing. All witnesses providing testimony were sworn in. Walter Morrissey, Lillig & Thorsness, Ltd., Attorney for the Petitioner requested a continuance of the matter to the next regular Zoning Board of Appeals meeting on April 4, 2017 so that the application could be amended with additional details to be provided to staff. A written request was made part of the case file. No one in the audience objected to the requested continuance. —� Motion by Chairman Davis, seconded by Member Ziemer to continue the public hearing to the next regular Zoning Board of Appeals meeting. VOICE VOTE: Motion carried. 5. B. HUB GROUP – 2000 CLEARWATER DRIVE – VARIATIONS – ZO HUB GROUP-2000 CLEARWATER DR- ORDINANCE VARIATIONS- ZO- • ACTION 13-15-2A - PLANNED DEVELOPMENT REGULATIONS - PD REGS SEC. 13- 15-2.A AND- SEC. ELI INATE PLANNED DEVELOPMENT PROCESS UIREMENT• 13-10E-3.C.2-SIDE AND YARD SETBACK • SECTIO 13-10E-3C.2 - 0-4 DISTRICT - EDUCE REQUIRED INTERIOR IDE YARD SETBACK C. HUB GROUP \\2000 YORK ROAD VARIATIONS - ZONING HUB GROUP-2000 ORK ORDINANCE VAARIIATIONS- ZO- • SECTION 13-15-2A\- PLANNED 1EVELOPMENT REGULATIONS - PDREGS SEC. 13- 15-2.A AND- SEC. ELIMINATE PLANAD DEVELOPMENT PROCESS REQUIREMENT; 13-IOE.3.C.1- • SECTION 13-10E.3C.1 0-4 DISTRICT-REDUCE RE UIRED FRONT FRONT YARD SETBACK,AND YARD SETBACK; AND , ' SEC 13-10E-3.C.2- • SECTION 13-10E-3C.2 - O-4 DISTRICT - REDUCE REQUIRED SIDE YARD SETBACK INTERIOR SIDE YA SET CK Chairman Davis announced the public he ' g and reviewed the requests of both applications. All witnesses providing testimon were sworn in. i Bridget O'Keefe,�aspin and Aument, Attorney for the petitioner provided a summary of the requested variations for each parcel. a noted that 2000 Clearwater Drive is the 1 ation of the Hub Group corporate head arters. They were seeking several vari ions that would allow for the expansion of th ' corporate headquarters to the pr erty directly adjacent to the north at 2000 Yor Road. They were seeking total of five (5) variations. The first variation applies to both properties and uld allow the yard variances of the subject properties without the need of g through the planned development process as required by the Zoning VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 14 March 7, 2017 LILLIG SAC THORSNESS, LTD. al 1900 SPRING ROAD,SurrE 200 OAK BRoox,ILLINOIS 60523-1495 TELEPHONE(630)571-1900 FACSIMILE(630)571-1042 W W W.IJLLIGLAW.COM WALTER W.MORRISSEY wmissev @lilli¢law co March 3, 2017 orr Sent via electronic mail and US Postal Service Mr. Robert L. Kallien, Jr. Director Development Services Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 Re: 25 Robin Hood Ranch,Oak Brook Application for Variance Dear Mr. Kallien: This letter will notify you of the request for a continuance of the hearing scheduled for March 7 before the Zoning Board of Appeals on the Application for a Variance by the owner of the property known as 25 Robin Hood Ranch, Oak Brook. The owner moves for this continuance of the hearing to allow the filing of an amended Application with new information relevant to the variance for the property. The undersigned will appear in person at the March 7 hearing to present this motion to the Zoning Board of Appeals to continue the hearing to the agenda of the April 4, 2017 meeting. Very truly yours, LILLIG & THORSNESS, LTD. WWM/dk Walter W. Morrissey cc: Julie Olafson—via email Forest Preserve District of DuPage County 35580 Naperville Road 630.933.7200 P.O. Box 5000 Fax 630.933.7204 Wheaton,IL 60189 TTY 800.526.0857 dupageforest.org Via email: rkallien @oak-brook.org March 20, 2017 Mr. Champ Davis, Chairman Zoning Board of Appeals Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523-2255 Re: Public Hearing Continuance -25 Robin Hood Ranch, Village of Oak Brook PIN: 06-36-105-008 Dear Mr. Davis, The Forest Preserve District of DuPage County recently received a Notice of Public Hearing regarding the continuance of the aforementioned petition to allow for an amendment to the original application. We appreciate receiving timely notification of such requests that may have an impact on District property, and thank you for the opportunity to comment. District Staff has reviewed the information you provided and the variation request, and does not have any comments at this time. Please call me at(630) 933-7235 if you have any questions. Sincerely, --) I L I Kevin Stough Manager of Land Preservlion cc: Joe Cantore, President Jeffrey Reddick, Commissioner, District 2 Ed Stevenson, Acting Executive Director Dan Zinnen, Director of Resource Management and Development /tJ I Forest Preserve District of DuPage County 35580 Naperville Road 630.933.7200 P.G. Box 5000 Fax 630,9'33.7204 Wheaton,IL 60189 TTY 800.526.0857 dupageforest.org Via email: rkallien @oak-brook.org March 3, 2017 Mr. Champ Davis, Chairman Zoning Board of Appeals Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523-2255 Re: Public Hearing—25 Robin Hood Ranch, Village of Oak Brook PIN: 06-36-105-008 Dear Mr. Davis, The Forest Preserve District of DuPage County recently received a Notice of Public Hearing regarding a petition for variation to construction trellises on the subject property. We appreciate receiving timely notification of such requests that may have an impact on District property, and thank you for the opportunity to comment. District Staff has reviewed the information you provided and the variation request, and does not have any comments at this time. Please call me at (630) 933-7235 if you have any questions. Sincerely, Kevin Stough Manager of Land Preservation cc: Joe Cantore, President Jeffrey Reddick, Commissioner, District 2 Ed Stevenson, Acting Executive Director Dan Zinnen, Director of Resource Management and Development i i •I ■ t 25 Robin Ho`om,d a Rancw h gn y 0 a 0 0 H y n .w 5 , p N OD .a a _t t r 0� h s i Map 7eateC r,.Fthrvan•It,201? 9::1-GIs St±MGRk ?tltF.i-nF=_> :___ T^=vIS�s:=.-ti•:cr_r.��:uFL^.:a,•..=:1i3*Ia�tY^.}13?°.IiAS°5:'.iS:?Ib�l:J 3i>:Iaat•_of�tp�p;,racil=_�lri��p�•listd>_: Dia:laise::Trig rp is�^r eN:�-al ir�_fixgai:;sa:r::•":l;n.:ig*,t*.=_it:�r=ti:r,i=telieca�t.t=eu:er_1:�"E:_xste.�r:r=:�•z.iat;r3 t*.z is>z s*:•.i:ir.:tF�::xt:t".::^, fia;a:ctr::}•Tr:�sr 1:es r.:t::rstin:e:r_ssltt:ri•�=t�irstix s2 is r.�t;�iref+�a^.gi.^.sir._=_C�=i�:AP.�eiafQtSL�^4�.�2}•s;:^..ut4 t.e:-rsulte".t �et�-�i^.a pr.:rez lC,wice beetr.6sries m the"Ow'd 9 S MapOfficeTM Robin Hood Ranch Variations - "comortlum. Cinterbprty Ln t 1 .. � a � 7S7� 1 Type Ord Date Description Address Name Variation S-0233 +7/27/1971 ;Rear Yard 2 Robin Hood Ranch lHancock Variation S-0320 810/22/1974 Rear Yard 1 Robin Hood Ranch Batistich Variation S-0320 1,10/22/1974 ;Side Yard 1 Robin Hood Ranch Batistich Variation S-0459 ,11/11/1980 Rear Yard 4 Robin Hood Ranch Macken _. _ _. Variation S-0568 49/24/1985 !Rear Yard 7 Robin Hood Ranch Doyle Variation iS-0568 1,9/24/1985 Side Yard F7 Robin Hood Ranch Doyle V IS-0580 j4/22/1986 Rear Yard 6 Robin Hood Ranch Kramer ariation jS-0594 7/22/1986 Rear Yard 10 Robin Hood Ranch Sisson Variation S-0594 j7/22/1986 Side Yard ,10 Robin Hood Ranch Sisson Variation ;S-0637 1,6/14/1988 Rear Yard 16 Robin Hood Ranch Wehmeyer Variation ,S-0665 ,3/14/1989 Rear Yard 4 Robin Hood Ranch 'Macken Variation �S-0756 ,6/8/1993 Rear Yard 27 Robin Hood Ranch ;Strahan Zonin IS-0909 8/ Corn33 Robin Hood Ranch McElroy 9 Rear Variation �S-1169 ;9 jFront 16 Robin Hood Ranch Lubenow I i February 28, 2017 Village of Oak Brook Zoning Board of Appeals 1200 Oak Brook Road, Oak Brook, IL 60523 Re: Olafson Application for Variance at 25 Robin Hood Ranch Dear Mayor, Trustees and Commissioners, We are wvAingito 9*pod Julie:Olafsomn's aApiica km Ior a variance to the Vifiage of Oak Brook's code for the purpose of installing trellises in her backyard. We have read Julie's application and detailed plans for these trellises. They will be a beautiful addition to her extensive landscaping and to our surrounding area. They will aid in maintaining her property value as well as the neighborhood's. The trellises will provide her backyard with privacy so that she can enjoy her garden and also have privacy in her own home. Our mouse is next dog(due nefth) of Jutfe's Prone. We have know,Julie since sloe bm Qht her house three (3) years ago. We can certainly attest to the fact that she is an avid gardener who is frequently outside tending to her beautiful landscaping. Tending to her gorgeous gardens which surround her entire house, is extremely important to Julie and ourselves. The entire neighborhood enjoys looking at Julie's efforts. Thank you'for ywr co�on in fts,mafter. Should you require any ad Monal ar�forrnatit�n, please do not hesitate to contact us. Sincerely, Stanley, C. Str n Carol J. Strahan 27 Robin Hood Ranch Oak Brook, IL Tel: 630-654-0040 CwsCS t February 28, 2017 Village of Oak Brook Zoning Board of Appeals 1200 Oak Brook Road Oak Brook, IL 60523 Re: Olafson Application for Variance at 25 Robin Hood Ranch Dear Mayor, Trustees and Commissioners, am writing to support Julie Olafson's application for variance to the Village of Oak Brook code for the purpose of installing trellises in her backyard. I have seen Julie's application and detailed plan for these trellises and believe they will be a beautiful addition to her extensive landscaping and to our neighborhood. The trellises will also help to maintain her property value as well as provide her with the privacy and enjoyment everyone desires on their land and in their house. Julie and I both bought homes about three years ago in Robin Hood Ranch. Being out in the neighborhood getting to know people, I would frequently see Julie out in the yard tending to her trees, shrubs and flower beds throughout the spring, summer and fall. Many times I would stop to admire or comment on something, and Julie would invite me into her back yard to get a closer look at her incredible gardens. If she was reworking an area and had extra plants she couldn't use, she would offer them to me. Thanks to Julie's generosity, I now have some of her lovely perennials in my own yard. l Julie has been a wonderful neighbor and I fully support her in her pursuit to make her back yard even more beautiful and private. Thank you for your I nsideration. Signature , / Name: PCa r-ZW-) P Address: '?j 3 Po b( n �d, OW'c�-) �Q Gail Polanek Subject: FW:25 Robin Hood Ranch - application for variance From: Margaret Murphy<mfolevmurphv45tcilamail.com> To: rkallien(cDoak-brook.org Cc: Julie Olafson/Chicago/IBM @IBMUS Date: 02/28/2017 06:22 AM Subject: Zone variance We fully support our neighbor, Julie Olafson in her application for a zoning ordinance. We believe the proposed trellis will enhance her property and will not be a problem for the neighborhood. Her attractive landscaping is an asset to our community. Tom and Margaret Murphy 26 Robin Hood Ranch Oak Brook Sent from my iPad �I February 15, 2017 Village of Oak Brook Zoning Board of Appeals 1200 Oak Brook Road Oak Brook, IL 60523 Re: Olafson Application for Variance at 25 Robin Hood Ranch Dear Mayor, Trustees and Commissioners, We are writing to support Julie Olafson's application for variance to the Village of Oak Brook for the purpose of installing trellises in her backyard. We have seen Julie's application and detailed plan for these trellises and believe they are reasonable, thoughtful, esthetic and responsible. Being in the plant rental and landscape business, we believe this to be an esthetic addition to her landscaping and to our neighborhood. The trellises will also help to maintain her property value as well as ours. I am sensitive and support to the benefit this will provide to as far as privacy. Julie is a great neighbor a gardener and almost a landscaping artist and I hop pprove her variance. i Ja nd Mariana Giebel 32 Robin Hood Ranch February 15, 2017 Village of Oak Brook Zoning Board of Appeals 1200 Oak Brook Road Oak Brook, IL 60523 Re: Olafson Application for Variance at 25 Robin Hood Ranch Dear Mayor, Trustees and Commissioners, I am writing to support Julie Olafson's application for variance to the Village of Oak Brook code for the purpose of installing trellises in her backyard. I have seen Julie's application and detailed plan for these trellises and believe they will be a beautiful addition to her extensive landscaping and to our neighborhood. The trellises will also help to maintain her property value as well as provide her with the privacy and enjoyment everyone desires on their land and in their house. I've known Julie since she bought her home three years ago in Robin Hood Ranch. She is an avid gardener and is frequently out in the yard tending to her trees, shrubs and flower beds throughout the spring, summer and fall. Nurturing and enjoying her lovely gardens,which surround her entire home,is very important to Julie and provide pretty views for all of her neighbors. Thank you for your consideration. Signature Name: v- O"A J Address: I Constantine&Irene Grapsas 22 Robin Hood Ranch Oak Brook, IL 60523 Phone 630-8340137 Work 630458-0008 cg@aimmachines.com Monday, February 20, 2017 Village of Oak Brook Zoning Board of Appeals 1200 Oak Brook Road Oak Brook, IL 60523 Re: Olafson Variance Application 126 Robin Hood Ranch Dear Mayor, Trustees and Commissioners, This letter is to support Julie Olafson's application for variance to the Village of Oak Brook code for the purpose of installing trellises in her backyard. We reviewed Julie's application and detailed plan for these trellises and believe they will be an excellent addition to her extensive landscaping and to our neighborhood. The trellises will also help to maintain her property value as well as provide her with the privacy and enjoyment everyone desires on their land and in their house. We have known Julie Olafson since she moved in our neighborhood, about three years ago. Julie has been a paradigm of a neighbor. Her house is just in front of ours and we always enjoy the view of her maticulesly commed yard which seems to be her passion. Julie is efficient and extremely competent. We watch her on a daily basis taking care of her yard. We admire her efforts and commitment to make her property to always look the best! The trellises will make the landscape look by far better, will add value to her property, provide her neighbors with improved scenery and add value to the whole neighborhood. If you have any questions please send me an email at cg(&aimmachines.com or contact me at my cellular number 312-953-3301. Thank you for your consideration, Con ine Grapsas February 15, 2017 Village of Oak Brook Zoning Board of Appeals 1200 Oak Brook Road Oak Brook, IL 60523 Re: Olafson Application for Variance at 25 Robin Hood Ranch Dear Mayor, Trustees and Commissioners, Ana and 1 would like to support Julie Olafson's application for variance for the purpose of installing trellises in her backyard. We are in agreement with Julie's application and plans for these trellises and believe they will enhance our neighborhood. The trellises will also help provide her with the privacy without any detriment to her neighbors. Julie likes to garden and takes pride in her yard and the trellises appear to be wel ought out and unobtrusive. IM!' see this as a win win for v rybody and fully support it. .Sincerely, Signature N- /Y V Jack and Ana Sisson 10 Robin Hood • i February 15, 2017 Village of Oak Brook Zoning Board of Appeals 1200 Oak Brook Road Oak Brook, IL 60523 Re: Olafson Application for Variance at 25 Robin Hood Ranch Dear Mayor, Trustees and Commissioners, I live kitty corner to Julie and can see her back yard from my kitchen. I support Julie Olafson's application for variance to the Village of Oak Brook code because it appears to improve her property and it is in no way unpleasant. If she likes the trellises I think she should have them. The plans have been shown to me for review. I have enjoyed seeing Julie working in her garden and I look forward to yet another improvement of her backyard. I've kno ie s a she moved in three years ago. She is a delightful and respon ' nei w o ares about her impact on her adjacent neighbors. Ana Rosa Giebel 9 Robinhood R h I i . s • February 15, 2017 Village of Oak Brook Zoning Board of Appeals 1200 Oak Brook Road Oak Brook, IL 60523 Re: Olafson Application for Variance at 25 Robin Hood Ranch Dear Mayor, Trustees and Commissioners, I am writing to support Julie Olafson's application for variance to the Village of Oak Brook code for the purpose of installing trellises in her backyard. I have seen Julie's application and detailed plan for these trellises and believe they will be a beautiful addition to her extensive landscaping and to our neighborhood. The trellises will also help to maintain her property value as well as provide her with the privacy and enjoyment everyone desires on their land and in their house. I've known Julie since she bought her home three years ago in Robin Hood Ranch. She is an avid gardener and is frequently out in the yard tending to her trees, shrubs and flower beds throughout the spring, summer and fall. Nurturing and enjoying her lovely gardens, which surround her entire home, is very important to Julie and provide pretty views for all of her neighbors. On a personal note,Julie is a very considerate and respectful individual,who is greatly contributing to the aesthetics of our neighborhood. I would ask a simple question: what adverse impact is her request really imparting to our town? I see too many homes in which people are not taking care of their yard. I know gardening is her quiet respite. As a home owner, I can't imagine having my gardening hobby be restricted. I look forward to "playing"in my own yard, I watch my retired father(in Brook Forest)"play"in his garden as a respite, and I know my sister (in Brook Forest)also finds joy and relaxation in enhancing her garden,just as Julie does. Life is short—please consider her request. Thank you for your consideration. Respectfully Rebecca Busch 6 Robin Hood Ranch Oak Brook IL 60523 bbusch@mbaaudit.com com 02.27.2016 To whom it may concern, I am writing this letter in unequivocal support of Julie Olafson's proposal for a variance at#25 Robin Hood Ranch. I am specifying her variance for reference 13-3-6A3d. Ms. Olafson is a respected member of our neighborhood. She maintains the aforementioned property in an impeccable manner. Her request is meritorious and deserves to pass without incident. Having had to forcibly remove her flora which had previously extended to the street, she is now looking at a 30 foot wall of brick which has superimposed itself on the landscape, peering down onto her property from an adjacent parcel. Kindly permit her to enact her proposal. It is the right thing to do for her and her family, as well as for our RHR community. Regards, Francis G. Case , N, RN 18 Robin Hood Ranch 630-291-0833 I I 71-1 Liz Raidt 28 Robin Hood Ranch Oak Brook, IL 60523 March 1, 2017 Village of Oak Brook Zoning Board of Appeals 1200 Oak Brook Road Oak Brook,IL 60523 Dear Mayor,Trustees,and Commissioners, I am writing to support Julie Olafson's application for variance to the Village of Oak Brook code for the purpose of installing trellises in her backyard. I have seen Julie's application and detailed plan for these trellises and believe they will be a beautiful addition to her extensive landscaping and to our neighborhood. The trellises will also help to maintain her property value as well as provide her with the privacy and enjoyment everyone desires on their land and in their home. I have known Julie since she purchased her home across the street from me. One could not ask for a better neighbor. Julie's garden is a showpiece. In the past,it was featured on a Garden Walk.Gardening is Julie's passion. She works tirelessly throughout the year to maintain and enhance her lovely gardens. Robin Hood Ranch is a unique subdivision in Oak Brook. When originally built,the layout of the lots was such that we could all enjoy the beautiful views provided by Fullersburg Woods. The recent tear downs have created a situation where this is no longer the case. I plead with you to allow Julie to enhance the beauty of her backyard and Robin Hood Ranch,and enjoy peace and privacy therein. a S' cerel , Liz idt II �J • March 1,2017 Mr. Robert L. Kallien Director,Development Services Village of Oak Brook 1200 Oak Brook Rd Oak Brook,IL 60523 Subject:Objections to Proposed Variation of the Zoning Regulations at 25 Robin Hood Ranch,Oak brook,IL Dear Mr. Kallien, I would like to inform you of my objections to the proposed variation of the Zoning Regulations that the homeowner at 25 Robin Hood Ranch,Oak Brook is seeking.As the homeowner who shares the property line with the subject residence,I believe that the proposed variation if approved by the Zoning Board of Appeals would not only significantly reduce the openness, aesthetics,and market value of my property because I have already seen these 12-foot plus fences that the homeowner installed last year.I am also very concerned about where Ms. Olafson will place these 12-foot plus fences because she erected these last time on my property,not hers. In July 2016, Ms.Olafson installed several fences,ranging in height from 6-feet to 12-feet plus,on the west side adjoining my property without the requisite permit from the village as you are aware.Ms.Olafson refers to these structures as"trellises";they are not.These structures are essentially very tall privacy fences that are meant to obstruct the view. Please refer to the photos provided in Appendix A of this letter. It is difficult to fully appreciate how tall these fences are just by looking at the photos,but you can still get a sense for how it adversely affected the openness and aesthetics of my backyard.Several people in the neighborhood and others commented that these structures made my backyard look like a"prison compound".The fact that Ms. Olafson wants to again resurrect the 12-foot plus fences is very incompatible with the overall spirit and ambiance of the village and the neighborhood in particular, not to mention the adverse impact it will have on my property value. Another serious concern with the proposed variation is that Ms.Olafson encroached on my lot anywhere from half-a-foot on the north side to over two feet on the south side when she previously installed these fences.The engineering firm we had retained for constructing my new home had sent its civil engineer and land surveyors to draw the as built for submission to the village,and they discovered that the fences encroached on my property. This encroachment happened even though I had provided a copy of the top of the foundation survey in early June 2016 for my new home prior to Ms.Olafson's contractor commencing the installation of the fences. I had then informed Ms.Olafson in a letter dated July 20,2016 that she needed to remove the fences from my property by the end of month to allow the landscaping contractor to finish the home so that I could get the permanent occupancy approved. Please refer to Appendix B of this letter.She did not do so until August 1 after considerable argument and recalcitrance.Consequently,my landscaping was delayed by more than six weeks. I also had the engineering firm have its land surveyors come out again to stake the property line along the east and north sides because Ms.Olafson seems willfully unmindful of the property line. Please note that I incurred this unnecessary expense due to Ms.Olafson's actions. The issue of Ms.Olafson continuing to encroach on my property resurfaced again on October 28,2016 when she and her boyfriend planted several garden wedges in the backyard on my property again. I removed the garden wedges after Ms.Olafson and her boyfriend refused to take them out when asked to do so by me.She called the police next day claiming that I had stolen her garden wedges. My wife returned the garden wedges to the police officer who showed up at my house because I was not at home.My wife informed the police officer that the garden wedges were installed deliberately on our property even though there were ground stakes and the orange string clearly visible to stop Ms.Olafson and her boyfriend from continually encroaching on our property. Ms.Olafson has now twice encroached on my property,not to mention ceaseless ongoing attempts to place her lawn fixtures(e.g.pole nets)on my property despite these confrontations.She is clearly determined to encroach on my property,destroy the aesthetics,and diminish the market value of my home based on her repeated actions to date. Therefore,I respectfully submit that the Zoning Board of Appeals deny Ms.Olafson's request for variation of the Zoning Regulations because it will cause her no hardship while it will cause me to spend several hundreds of dollars and effort—once again—to verify that Ms.Olafson is not encroaching on my property if she is permitted to install these fences. I am unable to quantify how it will adversely affect my property's aesthetics and market value, but it will. I thank you for considering my objections to the proposed variation of the Zoning Regulations being sought by Ms. Olafson for reasons outlined above. I will be out of town on March 7 for a business trip,so I am unable to attend the Zoning Board of Appeals meeting. However,please do not hesitate to contact me via either email or phone if you need additional information or wish to discuss this matter further. Cordially, ✓!{cart ,Ae.,-,._ Fawaad Khan 11 Robin Hood Ranch Oak Brook,IL 60523 Fawaadkhanl @emaii.com C:312-399-4489 r0•Q. • Appendix B: Letter to Ms.Julie Olafson dated July 20, 2016 regarding illegal 12 foot plus fences she installed on my property July 20,2016 Julie Olafson 25 Robin Hood Ranch Oak brook, IL 60523 Dear Julie, The engineering firm we have retained for constructing our new home at 11 Robin Hood Ranch recently sent its civil engineer and land surveyors to draw the as-built for submission to the village of Oak Brook,and they have discovered that the fence/trellises you recently installed encroach on our lot anywhere from half-a-foot on the north side to over two feet on the south side. If you would recall, I had provided you a physical copy of the top of the foundation survey/plat in the early part of June for our new home prior to your contractor commencing the installation of the fence/trellises. I have enclosed another copy for your reference. However,your contractor either did not take the top of foundation survey I had provided into consideration or made a serious error while installing the fence/trellises. Additionally,the community development department at the village of Oak Brook has informed me your fence/trellises were installed without a permit and a subsequent application has also been denied. I had asked the engineering firm to send the land surveyors again last week to stake the property line along the east and north sides because our landscapers will begin work on August 1,2016,and we want to avoid any potential issues.The surveyors completed their work last Friday,so you should have seen the stakes in the ground by now. The engineering firm tells me that the land surveyors in Illinois are state licensed professionals and rarely make mistakes,but I strongly encourage you to hire your own land surveyors to independently verify that these stakes are placed correctly because anyone can make a mistake if you have any concerns. I request that you relocate the fence/trellises onto your lot wherever they are encroaching on our lot by no later than Friday,July 29,2016 because our landscapers will begin work the following Monday. We believe this entire issue is probably a result of communication issues between your contractor and you because we have had our fair share of those while completing the construction of our new home and not due to any willful act of property encroachment or harassment on your part. We look forward to becoming your neighbors in the next couple of weeks and thank you for addressing this issue in a timely manner. I Cordially, Fawaad Khan 11 Robin Hood Ranch Oak Brook,IL 60523 Appendix A: Photos of illega112 foot plus fences installed by the homeowner at 25 Robin Hood Ranch in July 2016 on my property r a .«�LT �„�{ r,F r�,Nr e,d.Iw rin�>•tlr�6�eieAr' �,rl,,,tll nere,.. ii ... It �tal S��I�''1'�1�11 ,n t i'i'(I?. •;f'�',r I :'i� i ti i til i. I 1 ' l l iet i s• a .I� npe i 0, 1. 1, I)I I 1 11 I 41,i,,, 11 el, I/INH 't,�ii(ii(j'�iiiii III! 4��11��'�i�i�i77!I(;i�•tit i 1�i.li�I' Lh', !;::,::(:,.ups,; �r�;�:1`,i e{,'�'`,111•I ,I :?�i�;�:;:•.; all 1 ` _`�as�t��IlFiif��'Ilii�•`Ui 1!EE��qq � EFfI gg1� I t,' E i�I L.•:�i:at,:a•;i... i �,i r.e a� ,u �° M{:k a'h...$.,•�}'k•,..Ai. :: Tk �*" rP �,�-�'� •-,+k... 'fir. AM IL JOE ... ., R ti:, LILLIG & THORSNESS, LTD. Attorneys at Law 1900 SPRING ROAD, SUITE 200 OAKBROOK,ILLINOIS 60523-1495 TELEPHONE(630)571-1900 FACSIMILE(630)571-1042 WWW.LILLIGLAW.COM WALTER W.MORRISSEY wmorrisseytDIIIIIelaw.com March 2,2017 Sent via electronic mail Ms. Gail Polanek Planning Technician Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 Re: 25 Robin Hood Ranch,Oak Brook Application for Variation Dear Ms. Polanek: This letter is submitted on behalf of Julie Olafson,trustee as owner of the property known as 25 Robin Hood Ranch in regard to the Application for Variance. This will submit for the record a copy of an exchange of multiple emails between Ms. Olafson and her neighbor Fawaad Khan. The email exchange between the adjacent property owners demonstrates the cordial and cooperative manner used to resolve the de minimis and unintentional encroachment of the trellis and four posts on or before August 1,2016. Very truly yours, LILLIG&THORSNESS, LTD. Al Walter W Morrissey Walter W.Morrissey WWM/dk Attachment cc: Julie Olafson—via email Walter W. Morrissey From: Julie Olafson[olafsonj @us.ibm.com] Sent: Thursday, March 02,201712:09 PM To: Walter W. Morrissey Subject: Fw. Response to your letter-Olafson/Khan correspondence July 27,2016-August 1,2016 Walter, Attached below is my July 27, 2016 response to Mr. Khan's letter dated July 20, 2016 and subsequent follow up on July 30th, 31st and August 1st, 2016. Regards, Julie Olafson Director, Contract Management IBM Global Technology Services/Legal Department Mobile: (630)452-5245 Internet: olafsonj @us.ibm.com ---Forwarded by Julie 0lafsorVChicago1lBM on 03102/201712:05 PM— From: Fawaad Khan<fawaadkhanl@gmail.com> To: Julie 0la1son/Chica9oABM@1BMUS Date: 08101/201611:49 AM Subject: Re:Response to your letter Hi Julie, We appreciate you addressing this issue. We have rescheduled the landscapers to give you time on Monday to relocate your fences. With respect to the flower bed on the south,please feel free to offer the flowers to the neighbors because that part of the lot is prone to flooding during heavy rains. Respectfully, Fawaad Khan On Jul 31,2016,at 11:51 AM,Julie Olafson<olafsonj(a,us.ibm.com>wrote: Fawaad, I am making arrangements to have both trellises, along with the four stand-alone posts, removed on Monday. Please note that the taller 12 foot trellis is only over the line by six inches on the north end. It is the four stand alone posts farthest south which have the greatest deviation from the property line. As I intend to reuse these trellises and posts,they need to be taken down carefully. I would appreciate it if you could answer my question pertaining to the farthest south garden bed behind your garage. To repeat,what Is your intent for landscaping along this back line? I have planted numerous flowers in that garden bed and would like to offer them to neighbors for transplanting instead of having them destroyed. Thank you. Regards, i Julie Olafson Director, Contract Management IBM Global Technology Services/Legal Department Mobile: (630)452-5245 Internet:olafsoniftus.ibm.com From: Fawaad Khan<9waadkhan1 famail.com> To: Julie Olafson/Chicago/IBMCIBMUS Date: 07130/2016 07:39 PM Subject: Re:Fw:Response to your letter Julie, I didn't receive your earlier email for some reason,but this is my correct email address. It's a good thing that I rang your door bell earlier today because we need to resolve this matter without further delay. As we briefly discussed this morning,I understand that you've decided to fight the village on whether you can keep your fences. Even though the fences you have installed are up to 13 feet high,we would respect your rights to keep these as long as these don't encroach on our property. However,they do,and you need to remove them from our lot. I'm sure that you would not appreciate or tolerate even for a moment if we were to install or erect any structure on the other side of the property line with up to 2 feet of encroachment on your lot. Unfortunately,selling a portion of our lot is simply not an option because we already have a very tiny back yard. As stated in our letter from ten days ago,we need to finish the landscaping to get the permanent occupancy permit from the village. Consequently,we had requested that you relocate your fences by last Friday so that our landscapers could start next week,but you didn't. We have been extremely polite and patient in our request. However,please understand that we will remove your fences that are encroaching on our lot if you don't by close of business on Monday,August 01,2016. Since you are an attorney, I am sure you understand that we can't be held liable for any damages as a result of removing structures encroaching on our property. Therefore,we recommend you relocate your fences before we do to avoid any potential damage. We wish that we could have given you even more time than the ten days we already have,but we have been building our home for almost two years and simply cannot afford any further delays. Respectfully, Fawaad Khan �I On Sat,Jul 30,2016 at 10:54 AM,Julie Olafson<olafsonj(a7us.ibm.com>wrote: 2 t0 Fawaad-this is the email I sent you Wednesday morning. Regards, Julie Olafson Director, Contract Management IBM Global Technology Services/Legal Department Mobile: (630)452-5245 Internet: olafsonoAus.ibm.com ---Forwarded by Julie Olafson/Chicago/IBM on 07/30/201610:54 AM--- From: Julie OlaImnlChicago/IBM To: FawaadKhanI ftmeil.com Date: 07/27/2016 08:53 AM Subject: Response to your letter Dear Fawaad, Thank you for your letter received on July 21st of last week. Please confirm this is a correct email address in which to reach you, as your letter did not provide a way for me to respond to you and mail cannot be delivered to an unoccupied residence. I have contacted a land surveyor who will be here sometime this week. I want you to know that I was completely surprised by the need for a permit to install trellises in the Village of Oak Brook. Based on the legal research I had conducted during the planning phase(late 2015/early 2016)of my then future landscaping project,the Village code appeared to be silent on this issue. I have since come to learn that the Village has and continues to update such code and we residents are essentially on our own to locate and learn of such updates. That said, please be aware that I have engaged an attorney to negotiate with the Village on my behalf to retain both trellises as built on our shared property line. The open issue appears to be,as indicated in your letter,the exact placement of said trellises. In the event one or both of my new trellises were unknowingly, and with no malicious intent whatsoever, installed on your side of the property line by my landscapers,would you be amenable to negotiating a sale of that narrow strip of your property to me? As you can see by my yard, 1 am an avid gardener who loves trellises and it will break my heart to have to take these two down permanently. This heartbreak doesn't even take into account the thousands of dollars 1 have already spent designing and building such trellises, not to mention the ongoing attorney fees necessitated by the Village permit process. Please know that I provided both your foundation survey and my own to the landscaping crew during the installation phase. Given my demanding career, I was unable to watch over and validate every move they made. Specific to the four stand-alone posts toward the southern end closest to your air conditioners and generator, I have requested my landscapers to return and remove them as soon as possible. They are trying to do so this week, but may not get here until next week given their booked schedule. In the event your farthest south stake is accurate,what is your intent for landscaping along that back line behind your garage? I have planted numerous flowers in that garden bed and would like to offer them to neighbors for transplanting instead of having them destroyed. When I purchased my home over two years ago, I was told the fire hydrant was the demarcation line(as evidenced by the instructions to my lawn mowing service)so you can imagine my shock when I saw the two south end stakes your surveyor recently planted. While I'm still quite surprised, I have no doubt that we can reach an amicable resolution pertaining to our shared property line and respective landscaping plans. I look forward to your response. Thank you. Regards, Julie Olafson Director, Contract Management IBM Global Technology Services/Legal Department Mobile: (630)452-5245 Internet: olafsoni(fts.ibm.com 3 F' Y' f?� R: a s r _ r Px M x MW W- Aw AW 25 Robinhood Ranch Central Current View a . �. .fie.. ++�_ R` y�tl a.�•.. ,.._.1' .C a g a Aw 4f .. 40P "' ► — } a .,, Ranch Central Trellis View Ilk V a � FT ,�, �,app,�� ,F• 1• � a i v , a . T �. , ti" ix ,�• 1. t - r C _ • 1 . n. I _ i, i 4� Y:w •.. 5 .� t tltl ;,�f iG ;Y. • �, tom, �• . .•. f ,.Y 4.' 1"x St 1 " , r ;,� •v ri y,any jr main s1113-11 qJ ION gauua pooquigog SZ ......... ... .x ..aa.-a rr w+♦s.:M1.i.9h=a . _ _» «. . . . .... 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' Mt�,�r,` ca - .� ��,Y> .Y. a`�•[_L��"'c� ' t� , � ey f�vt y - Ask Pi • ' . �" - pie►' `• h .`i.YY •.ef ;;eS 7• l• _ :a l� t• , 1C �1! _ �a .� `' •• Q,•i.a f >.i a/4 t • .., i• �,i ice. .h �;�. r 4:,? 'i i`A;f. IF � 9 p�{ i s ' s -*Vg* INSTALLATION AREA 300 Rockland Road Lake Bluff,Illinois 60044 Phone: 647.234.2172 Fax: 847.234.2754 (12 LF)12'HT.TRELLI5 (12 LF)6'HT.TRELLIS NOTES: 1.TRELLI5 PANELS TO BE INSTALLED EX15TING 5HRU15 6"MIN.INSIDE OF PROPERTY LINE (13 LF)6'HT.TRELLIS (12 LF)1Z HT.TRELLI5 (7 LF)12'HT.TRELLI5 TO REMAIN,TYP. 2.LOCATION OF TRELLI5 PANELS TO BE FINALIZED IN THE FIELD BASED EX15TING TREE TO ON EXISTING ROOT 5TRUCTURE5. REMAIN,TYP. 3.TRELLISES AND ARBOR TO BE PAINTED WHITE • s EX/SAN —SNED Project ® � • a __— I PKOPEK7YLINE APPKOX7MA� - • _ The 03/07/2017 REV EXISTING TRELLI5 PANEL Olafson _ _ (7 LF)6'HT.TRELLIS 4-10"LONG x 5'-2"TALL 8'EASEMENT___—— 6-0"F Residence EXISTING G T RELLI5 PANEL T-7'LONG x 6'-0"TALL �'gNTjvG,B fo 6'-10"FINIAL EXISTING TRELLIS PANEL 25 Robin Hood Ranch W-10'LONG z 4'-10"TALL Oak Brook,Illinois 60523 5'-6"FINIAL ARBOR W/DOUBLE GATES EX1577NO PAT/O 1 130 5F)BRICK PAVING (12 LF)6'HT.TRELLIS U � v Q I KE51DENCE Q � I e tO y0'REAR YAKD 5E78ALK _ Issued:November 11,2016 03/07/2017 REV _ — — — — ——— —— — T —®--- —— —— ——— I 63WWT ACDD�T TRELLISES By: EXISTING TRELLIS PANEL 40'FKON7 YAKO.>"ElBACK 9'-0"LONG x 5'-T'TALL 6'-3"FINIAL,4"5Q.OPENINGS W EXISTING ARBOR W/GATE 4'-2"LONG x 7-6"TALL — OEX15T/NG OK/VE V Designee:ktw nopmxed:n Sheet Title: I Landscape Plan PKOPE9 7YL 11VE(Ai'PKOUWA7E) Scab:1'Ur-o" 7�:� 0 5 10' -ROSIN HOOD RANCH- Sheet No: L7.0 Pmjecl No:OLA16070 6'-0°nP. x� DECORATIVE P05T CAP AND FINIAL .............. ---- - -- TO MATCH EXI5TING TRELLIS 300 Rockland Road Lake Bluff,Illinois 60044 6'k6"POST Phone: 647.234.2172 Fax: 647.234.2754 ..' SQUARE LATTICE WITH 4"OPENINGS ....,.w,_,.r.. �-,:. ...... _ ...,.,...,.._ - .W. 1-1/2"RAIL DECORATIVE P05T CAP AND FINIAL o TO MATCH EXISTING TRELLIS :` N Project o 6::x6"POST '.. ,! - SQUARE LATTICE WITH 4'OPENINGS - .._. . The 1-1/2"RAIL � Olafson SQUARE LATTICE WITH 1"OPENINGS , - - -- - - - Residence Illinois 60523 25 Robin Hood Ranch _.. ._.., _.., _. ._..: Brook,II ' a. 4"x4"RAIL,STEPPING WITH GRADE ,; ' .N- - 4"x4'RAIL,STEPPING WITH GRADE Oak Bro P05T IMBEDDED IN CONCRETE FOOTING P05T IMBEDDED IN CONCRETE FOOTING fi v II lc 6' HT. TKELLI5 2 12' HT. TRELLI5 L8.0 L8.0 >.............................._...6"-5l_,:._.........._----_�-_--v I—ed:November 11,2016 .... _.. ... .... I .... ...... 1 Date: DesodOtlon: By . ,,. .._ -- .-... 'r 4"x4"ARCH ON 6"x6"PO5T5 1 5QUARE LATTICE WITH 4"OPENINGS 1"DOWEL5 BETWEEN ARCHE5 ANTIQUE BRICK PAVERS ON COMPACTED GRAVEL 15A5E 1, }-- DECORATIVE P05T CAP TO MATCH „,,.. EXISTING TRELLI5 Designed:MW Approved:7L PAVING PLAN AT ARBOR ARBOR PLAN _ sheet THIe: 4"x4"ARCH ON 6'x6"PCS75 '., Site Details V DOWELS BETWEEN ARCHE5 T 1"DOWEL5 BETWEEN ARCHE5 ------3'-10-2'x ...........5.10 "3----- ----3'-10': io 4"x4"ARCH ON 6'x6"P05T5 DECORATIVE POST CAP AND FINIAL 'k- DECORATIVE P057 CAP ,. _ ---i'-6"-`-1'-6"-- ... 70 MATCH EXISTING TRELLI5 4"x4"TOP RAIL WITH 1"X6"CAP 611x6l'P05T ro'W"P05T _ SQUARE LATTICE WITH 4"OPENINGS 5QUARE LATTICE WITH ENINGS O ,T D scale,1!T-V-0' i I i l _ ,!� 1-1/2 RAIL RA IU5 INTERNAL OPENING - ,.. 1 di .. .. i i 5QUARE LATTICE WITH 4"OPENINGS O ir- V .::. 4"x4"RAIL,STEPPING WITH GRADE ., 4"x4"BOTTOM RAIL sheet No: 42 L8.0 -3'-5 "o.o.-- ARBOR ELEVATION-51PE 3 ARBOR W/DOUBLE GATES Project No:OLA16070 LS.O IIMARIIAAH K% I N5TALLATION AREA 300 Rockland Road Lake Bluff,Illinois 60044 .......... ------------- ............. ............... Ph-e: 847.2341172 Fax: 947.234.2754 (12 LF)12'HT.TPELL15 (12 LF)6-HT.TRELL15 NOTES: 1.TRELLIS PANELS TO DE INSTALLED ro"MIN.INSIDE OF PROPERTY LINE (13 LF)6'HT.TRELLIC, (12 LF)JZ HT.TRELLIS (7 LF)12'HT.TKELL15 2.LOCATION OF TPELL15 PANELS TO BE FINALIZED IN THE FIELD 5A5ED 0) ON EXISTING ROOT 5TFUCrURE5. ;0 a) w w Q CIL 3.TRELLISES AND ARE30K TO DE CP :) r– r PAINTED WHITE 68' i r A R. 3.24' 5 . 20 1wre 0 M C Ca X The 4 ........... Fish Pond------------ 0 EX15TING TRELLIS PANEL Olafson .. ...... --- -- rvd AlVe.. (7 LF)6'HT.TRELLIS Block Oin L' 4'-10"LONG x 5-Z'TALL (D =r 6'-O"FINIAL 0 0 C) rila-i 7-7"LONG x 6-O"TALL 2 CL EXISTING TRELLIS PANEL Residence Il 'P, 6'-10'FINIAL k 'Z =r 25 Robin Hood Ranch 6.0.N 4%10"LONO xC-10"TALL =EMSTING TRELLIS PANEL – Oak Brook.Illinois 60523 FL 0' N 5'-8"FINIAL -U r Q) > ,ARBOR WIPOU15LE (30 SF)BRICK PAVING Cr (12 LF)�Y HT.TRELLIS 0)7e Sto 0) ----- 72.947 0 C -C U 4 0 M ? Q0Cf CL 1.0 0 C: RL Cr "15 0– Issued No,embef 11,2016 0 Dais: Descrq:aon: By: EXISTING TRELLIS PANEL 031072017 ADD EXIST.TRELLISES MW 1'4 • s•-0"LONG x -7"TALL =r 6-Y FINIAL,4"60.OPENINGS CD : 35,Bldg.Line g A EXISTING APDOF W/GATE (D > 4'-2"LONG x 7-6"TALL :0 =r ;0 CD Designed:MW Ap-- T- CD (D S-1 T V� C, 01 Q Proposed 0 1 .. o� Improvement cn (D Plan 0 R: 152.75' Ca CA) 0 5' 0' 20 30 Access To York Rd. 0 Shea)No: Robin Hood Ranch L1 . 1 Pro,ed No;OLA16070 MARLANI •—�w/r v r�ow PUBLIC HEARING V IS HEREBY GIVEN • • GIVEN that a ISUblic hear- Ing before the 7-oninp Board of Appeals of the Vlilove of Oak BBrook, Oupope and Cook Counties, Illlnols,will be held on Tuesd y, will 7, 2017 at 7:00 P.m, in the Samuel E. Dean Board CERTIFICATE OF PUBLICATION Room of the Butler Govern- ment Cent r Village of Oak Road' (31st Oak etBrook Paddock Publications,Inc. Spring Road), Oak Brook, I Iiinois 60513 for thepurpose Of considering the applica- tion D&I from the Julie Olason Trust,25 Robin Flood Ranch, Odic Braok, Illinois 60523. The applicant Is seeking a variotion as provided Corporation organized and existing under and by virtue of the laws of andqrTiMe 13 of the Zoning Ordinance of the Villaya the State of Illinois DOES HEREBY CERTIFY that it is the publisher Oak Brook, Illinois Ordl- nanee G-60 as amended. , The applicant is seeking op- fo�w for the variation t of o of the DAILY HERALD. That said DAILY HERALD is a secular five (51 Trellises in the re- newspaper and has been circulated daily in the Village(s)of auired rear yard not less iham six-inches (6^) from Addison,Bensenville,Bloomingdale, Carol Stream Glendale Heights, the property line, The trel- lix( ranee el height from Glen Ellyn,Itasca,Keene > six(6'1 to twelve(121)feet.r yv'lle Lisle Lombard Medinah Naperville The d pi mat 25 Robin Oak Brook,Oakbrook Terrace, Roselle Villa Park Warrenville Hood Ranch,Oak Brook,11- Itnols 60523, PiN: 06.36-105- West Chicago,Wheaton,Winfield Wood Dale Aurora Elmhurst 008,and legally described as Woodridge follows: LOT 20 IN ROBIN HOOD RANCH SUBDIVISION BEING A SUBDIVISION OF PART OF THE VILEST 1/2 OF SECTION 36,TOWN- SHIP 39 NORTH, RAN RE it EAST OF THE THI D PkIN0C1PAL MERIDIAN, PLATRD HEREO THE CORDED JUNE 161953 AS DOCUMENT 6t15s(?1, IN DUPAGE COUNTY, ILLI- NOIS. All persons desiring to be heard wilt be afforded an,op- Portunity to do so and may submit their statements orally or in writing or both. The Marino may be re- cessed To another date if no- tice- of time and place thereof Is publicly an. nounced at the hearing or is given.by newspaper Publi- cation not less than five he Count y('ies)of DuPa e days prior the data Of the recessed hearing. The villapl s rorieation in- and State of Illinois continuous) for more than one year prior to the cludmg ail supportin docu- � Y Y Il ments is onfila wiM err De- date of the first publication of the notice hereinafter referred to and is of vetopment Services Department. Persons wish- ing to examine the petition general circulation throughout said Village(s), County(ies)and State. documents ma range to do so with the Development Services Department, Vil- lage of Oak Brook,1200 oak I further certify hat the DAILY HERALD is a newspaper as defined in Brook Road,Oak Brook,IL Y X23, telephone 630-36& an Act to revise the law in relation to notices" as amended in 1992 In accord with the provi- sions of the American with Illinois Compiled Statutes, Chapter 715,Act 5, Section 1 and 5.That a abilwho Act, any Indi- vidual notice of which the annexed printed slip is a true copy,was published Disabilities who is In need of a reasonabFe accommodation in order to participate In or February 14,2017 in said DAILY HERALD. benefit from attendance at this public meeting of the Village of Oak Brook should contact the Butter Govern- ment Center(Village Hall), IN WITNESS WHEREOF,the undersigned,the said PADDOCK at 630-368-5010 before the meenflng PUBLICATIONS Inc., has caused this certificate to be signed b this date or for TDD response ' Y� (63s)befe a as soon°1s p o authorized agent,at Arlington Heights,Illinois. sibie date. Charlotte Pruss Vi Rape Clerk Published at the direction of PADDOCK PUBLICATIONS,INC. the Corpprate Authorities aannadlthof7tohninu Board foA k DAILY HERALD NEWSPAPERS Brook; DuPoge and Cook Counties,Illinois. Ph dInDiyy H r Id Feb 7 BY Authorized Agent Control#4464319 S E OF Oq�, • • . G X90 � O e e O - y � O A 9c�'�ouNTr ,�`�. Village of February 13, 2017 Oak Brook 1200 Oak Brook Road Oak Brook,IL 60523-2255 Dear Resident: Website www.oak-brook.org The Oak Brook Zoning Board of Appeals and the Village Board will be considering a Administration variation to the Zoning Regulations as requested below at its meetings scheduled 630.368.5000 on the reverse side of this notice. FAX 630.368.5045 Community The application has been filed by: Julie Olafson Trust Development 25 Robin Hood Ranch 630.368.5101 Oak Brook, IL 60523 FAX 630.368.5128 The property in question is located at: 25 Robin Hood Ranch Engineering Department Relationship of a pp licant to property: Owner 630.368.5130 FAX 630.368.5128 Beneficiary of Trust: Julie Olafson Fire Department 25 Robin Hood Ranch 630.368.5200 FAX 630.368.5251 Oak Brook, IL 60523 Police Department Also shown on the reverse side of this notice is a map* of the area to assist you in 630.368.8700 determining your relationship to the property in question. FAX 630.368.8739 Public Works The petitioner has submitted an application seeking approval of a variation for the Department property listed above in order construct five (5) trellises in the required rear yard 630.368.5270 not less than six (6") from the property line. The trellises range in height from six FAX 630.368.5295 (6) to twelve (12) feet. Oak Brook If you desire more detailed information, please contact the Development Services Public Library Department at 630-368-5106 between 8-4, Monday through Friday. 600 Oak Brook Road Sincerely, Oak Brook,IL 60523-2200 630.368.7700 FAX 630.368.7704 Oak Brook Sports Core Robert L. Kallien, Jr., A Bath&Tennis Club Director, Developm Services 700 Oak Brook Road Oak Brook,IL 60523-4600 630.368.6420 RLK/g p FAX 630.368.6439 Golf Club 2606 York Road Oak Brook,IL 60523-4602 630.368.6400 FAX 630.368.6419 In accord with the provisions of the Americans with Disabilities Act, any individual who is in need of a reasonable accommodation in order to participate in or benefit from attendance at a public meeting of the Village of Oak Brook should contact the Butler Government Center (Village Hall), at 630-368-5010 as soon as possible before the meeting date or for TDD response (630) 990- 2131 as soon as possible before the meeting date. All meetings are held in the Butler Government Center of the Village of Oak Brook, located at 1200 Oak Brook Road (31st Street and Spring Road), Oak Brook, Illinois. Zoning Board of Appeals**........................... 7:00 P.M., Tuesday, March 7, 2017 Board of Trustees Meeting .................... 7:00 P.M., Tuesday, March 28, 2017*** ** Public Hearing Body ***Tentative— Follows the completion of the Zoning Board of Appeals public hearing . - n „� �„ _ _ ► :_ :. ran: ' 5109 13 411 � i 321 219 215 117 115 107 504 11 3119 3117 3111 313 305 203 / R-2 9129 9121 R in 3203 i \1 / f „ 3207 32°9 � 3212 + 3213 9218 318 314 300 214 204 200 114 104 -- 424 419 4(5 - 3222 --- - 3W 405 4W 401 321 313 305 4�� 331 4.: 330 1� / t 4 2 3315 '; 1 3321 j-- 3 1 CR I 115 309 5 3 34 309 3411 32 3412 3423 10 a 27 �J 30 2 ° e ..i 12 129 3420 4 – 3515 } 1125 �] is , )2 ��; 3509 35a8�1, 5 7 `t , 17 0 if ! 18 20 22 3514 4 3521 �' t, 3602 9518 1 2 3ffi6 3524 f , 525 ' X1422 418 412 4081 402 320 316 grJON 3600 \ ft �_ `OC 9809 3608 < !/ 425 419 413 314 3 OF SUBJECT 3610 321" 38, R R ' POPE 3815 3818 18 'i 3 5 7 °\ 351—7 B21_ Vol 523 511^ 3. *Note: The map provided is only an approximation of the area in question and is intended to be used only as a visual aid to determine your relationship to the property Olafson Trust-25 Robin Hood Ranch-VAR-2017.res.ltr.doc TOTAL DUPAGE CONVENTION &VISITORS BUREAU BUDGET FOR 2016 IS $349,550.00—TOTAL PAID FOR 2016—YTD - $356,288.54 TOTAL DUPAGE CONVENTION &VISITORS BUREAU BUDGET FOR 2017 IS $375,460.00—TOTAL PAID FOR 2017—YTD - $3,210.00 B. Approval of Payroll for Pay Period Ending January 28, 2017 - $714,120.78 n C. ommunity Development Referrals 1) 25 Robin Hood Ranch-Variation-Accessory Structures D. Ordinances &Resolutions 1) RESOLUTION 2017-DMMC-LP-EXI-R-1617,A Resolution Adopting the 2017 Legislative Positions and Priorities of the DuPage Mayors and Managers Conference This agenda item was removed at the beginning of the meeting by President Lalmalani. 2) RESOLUTION 2017-S&T/P-R-1616,A Resolution Approving and Authorizing the Award of a Contract to Jeff Ellis Management LLC to Provide Aquatic Services Motion by Trustee Tiesenga, seconded by Trustee Manzo, to approve the Consent Agenda and authorize expenditures as presented. ROLL CALL VOTE: Ayes: 5—Trustees Adler,Manzo,Moy, Tiesenga,Yusuf Nays: 0—None Abstain: 0—None Absent: 1 —Trustee Baar Motion carried. 7. ITEMS REMOVED FROM THE CONSENT AGENDA—None presented 8. BOARD & COMMISSION RECOMMENDATIONS A. Oakbrook Center Text Amendment Motion by Trustee Moy, seconded by Trustee Manzo, that the Village Board concur with the recommendations from the Plan Commission and Zoning Board of Appeals approving the requested text amendment to Section 13-11-9 of the Zoning Ordinance that would permit modern way-finding, directory and internal signage in certain areas within the Center containing specific conditions and constraints and subject to VILLAGE OF OAK BROOK MINUTES Page 3 of 8 REGULAR MEETING OF FEBRUARY 14,2017 5. APPROVAL OF MINUTES A. Special Board of Trustees Meeting Minutes of December 5, 2016 Motion by Trustee Yusuf, seconded by Trustee Manzo, to approve the Minutes of the Special Meeting of December 5,2016. VOICE VOTE: Motion carried. B. Regular Executive Meeting Minutes of January 10, 2017 Motion by Trustee Manzo, seconded by Trustee Moy, to approve the Minutes of the Executive Meeting of January 10, 2017. VOICE VOTE: Motion carried. C. Regular Board of Trustees Meeting Minutes of January 24, 2017 Motion by Trustee Manzo, seconded by Trustee Moy, to approve the Minutes of the Regular Meeting of January 24, 2017. VOICE VOTE: Motion carried. D. Special Board of Trustees Meeting of February 7, 2017 Motion by Trustee Manzo, seconded by Trustee Moy, to approve the Minutes of the Special Meeting of February 7,2017. VOICE VOTE: Motion carried. 6. CONSENT AGENDA All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. There will be no separate discussion of these items unless a Board member so requests, in which event, the item will be removed from the Consent Agenda and considered as the first item after approval of the Consent Agenda. A. Accounts Payable for Period Ending,2017 - $622,178.04 Significant Items included in Above: 1) John Fogarty, Jr.—Lobbying Services—January 2017 - $5,000.00 (FYI 7—YTD - $5,000.00) 2) Clark, Baird, Smith, LLP— Legal Services—January 2017 - $926.25 (FYI 7— YTD - $926.25) TOTAL LEGAL BUDGET FOR 2017 IS $298,000.00 - TOTAL LEGAL BILLS PAID FOR 2017-YTD - $15,926.25 3) Troop Contracting—Heritage Center Exterior Renovations &Improvements - $105,555.00 4) William Architects—Professional Services—Police Department- $24,635.18 5) Health Care Service Corporation—BCBS HMO Illinois—February 2017 - $27,676.57 6) DU-COMM—Police Department—Quarterly Shares (February through April) - $104,072.00 7) DuPage Convention&Visitors Bureau—Co-Op Advertising- $40,747.70 (2016 - $37,537.70 and 2017 - $3,210.00) VILLAGE OF OAK BROOK MINUTES Page 2 of 8 REGULAR MEETING OF FEBRUARY 14,2017 •Ir I ITEM 6.C.1. BOARD OF TRUSTEES MEETING VILLAGE OF SAMUEL E. DEAN BOARD ROOM OAK B R , K BUTLER GOVERNMENT CENTER 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of February 14, 2017 SUBJECT: Referral—25 Robin Hood Ranch—Variation—Accessory Structures FROM: Robert L. Kallien, Jr., AICP, Director, Development Services Department '' ale BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to refer the request for a variation to the Zoning Board of Appeals for public hearing and recommendation. Backaround/History: Julie Olafson's Trust, applicant and beneficial owner of the property located at 25 Robin Hood Ranch has submitted a petition seeking approval of a variation in order to construct trellises in the required yard of the property. Recommendation: Please refer the request for a variation to the Zoning Board of Appeals for public hearing and recommendation. RG REG BOT 021417 Agenda Item 6.C.-Referral-25 Robin Hood Ranch-variation.doc Page 1 Sterling Codifiers,Inc. • • 13-3-6: ACCESSORY USES AND STRUCTURES: A. General Regulations: i 1. Accessory uses and structures shall be compatible with the principal use and shall not be established prior to the establishment of the principal use. 2. Accessory uses shall not include the keeping, propagation or culture of pigeons, poultry, rabbits, bees, livestock or other nonhousehold animals for profit, except on such lots where the pursuit of agriculture is a permitted principal or accessory use. 3. Except as otherwise regulated for specific principal uses, an accessory structure hereafter erected, altered, enlarged or moved in a lot shall conform with the following: a. A detached accessory structure shall not be nearer than ten feet (10') from the nearest wall of the principal structure, and for each foot over ten feet (10') in length that the wall of an accessory structure parallels and is next to the principal structure, the required distance between the structure shall be increased by an additional one-half foot (1/2'). b. An accessory structure shall not be located in any required front or side yard. c. Accessory uses and structures shall not be located, erected, or altered in required yards, except as provided in subsections Aid, A3g, and B of this section. d. Detached accessory structures in a required rear yard in a residential district shall: (1) Be not more than fifteen feet (15') in height except for detached garages that are not constructed with a continuous flat roof. (See subsection A3h of this section for detached garage heights.) (2) Cover not more than thirty percent (30%) of the rear yard. (3) Be located not less than five feet (5') from the side or rear lot line. e. Accessory structures which are only permitted in required rear yards shall not be constructed within the buildable area between the principal structure and adjacent streets along the front or side lot lines unless a setback equal to double the required front or side yard setback is maintained from the front or side yard lot line to such accessory structure. f. Except as provided in subsection Mg of this section, for an accessory structure containing a dwelling unit or lodging rooms for domestic employees or temporary nonpaying guests of the occupants of the principal dwelling, no detached structure accessory to a single-family detached dwelling hereafter erected or altered at any location on a lot shall be more than one story nor more than fifteen feet (15') in height; a detached accessory structure shall not be nearer than ten feet (10') from the nearest wall of the principal structure, and for each foot over ten feet (10') in length that the wall of an accessory structure parallels and is next to the principal structure, the required distance between the structure shall be increased by an •urnnea io a maximeneignt of fifteen feet (15 1). B. Permitted In Required Yards: Accessory uses and structures are permitted in required yards as follows with the following designations: F = Yards adjoining streets S = Interior side yards R = Rear yards Arbors or trellises, where trellises are attached to the principal structure Awnings or canopies, not more than 3 feet X !, X ! X .......... ------J Fallout shelters, detached X J I Fire escapes, open and enclosed or fire towers, not encroaching more than 5 feet, X ; X X except 3.5 feet into a required interior side yard Flagpoles F,,, X- l Garages or carports, detached X _.._ Gates, driveway j X ! [Growing of garden crops in the open X X FHV AC e quipment including air condition units, not less than 12 feet from designated X X lines ! Lawn furniture, such garden structures as benches, sundials and birdbaths X X j FXX F en off street loading spaces i ! X [OTp n offstreet parking spaces, may be permitted in a required yard adjoining a ! X X et, as regulated in this title Ornamental light standards X X X Playground and laundry drying equipment i X--- [Playhouses and open sided summer houses 1. l�11 � � VILIA�iE of 0 1200 OAK 0, 14, 00 s�a�0.8ea5 z{ PETITION APPLICATION for PUBLIC HEARING ZONING ORDINANCE: ❑ APPEAL ($300) ® VARIATION ($750) ❑ AMENDMENT ($750) ❑ SPECIAL USE ($750) ❑ CERTIFICATE OF APPROPRIATENESS ($500) STORMWATER: ❑ VARIATION ($750) PUBLIC HEARING SIGNS ($50-each lot frontage) /❑ -Enter Number of Street Frontages/Per Parcel APPUCANT TO COMPLETE 0TU. I l 1.ApPUCATroNS'ati To ter~Rlrce�urwa gv T llr r 11 cT s) taatair� ©.t�ELOpiNENT ANfl AFTtrR Al irotTfAr.Rte► Gl L 13l?YFILEIU n�rrTtE111JlC, LOCATION OF SUBJECT PROPERTY 25 Robin Hood Ranch PERMANENT PARCEL NO*. 6 .36 _ 105 8 LOT NO.20 SUBDIVISION Robin Hood Ranch LEGAL ADDRESS* 25 Robin Hood Ranch, Oak Brook ZONING DISTRICT R 2 ZONING ORDINANCE SECTION 13-3-6 A 3 d ACTION REQUESTED Variation to permit$IX 7reestanding trellises in rear yard A+✓e AW?"/Or ger i PROPERTY INTEREST OF APPLICANT: OWNER R— CONTRACT PURCHASER ❑ AGENT OWNER(S)OF RECORD Julie Olafson Trust PHONE ADDRESS 25 Robin Hood Ranch CITY Oak Brook STATE IL ZIP 60523 BENEFICIARY(IES)OF TRUST Julie Olafson PHONE ADDRESS CITY STATE ZIP NAME OF APPLICANT(and Billing Information) Julie Olafson Trust PHONE ADDRESS 25 Robin Hood Ranch CITY Oak Brook STATE ZIP 60523 Contact Name and E-mail Address(s) Walter Morrissey Attorney wmorrissey @lilliglaw.com 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 d belief.I ermission to the Village to install public hearing sign(s)on the lot fronta of the above subject property as describ i e Vill . 1 di' to the above fees,app li nt a frees to reimbu a Villa a' sts within 30 day of bill' g. Sig nat re of Dak Signature of App' Da ,r DO NOT WRITE IN THE SPACE BELOW FOR OFFICE USE ONLY Date Filed /{ p 'l Fee Paid$ *7-5740 ` Receipt No. Received By Board of Trustees Refer at 'f l ) _Notice Pub1ist�ed Newspaper Daily Heald Adj.Propertq owners.Notified PUBLIC HEARING BATES: Plan Comknissionlk Zonrg Boartl of Appeals �� - Boa,rd of Trustees $ /"�_ Board of Trustees. Gs1 (Approval of ordinance)T SIGNED-VILLAGE CLERK AA 1C1 a� Date j! TMU � �j VILLAGE OF OAK BROOK Amended EXHIBIT TO APPLICATION FOR VARIATION UNDER THE ZONING ORDINANCES APPLICANT AND OWNER: JULIE ANN OLAFSON TRUST PROPERTY ADDRESS: 25 ROBIN HOOD RANCH OAK BROOK, IL 60523 PERMANENT IDENTIFICATION NUMBERS: 06-36-105-008 DATE: January 18, 2017 Revision Date March 17, 2017 RE: CODE SECTION 13-3-6A3d Applicant seeks a variance under Section 13-3-6A3d of the Zoning Ordinance to install and maintain six (6) free-standing trellises as accessory structures in the rear(west) and side (north) yard to maintain the value of her residential property; exercise the right to privacy in her rear yard garden and patio; to shield and protect the rear yard garden and patio from being overwhelmed by the thirty foot tall, brown, slab wall of the adjacent new residence; and to preserve unobstructed air and light views of her property. The five detached trellises on the west, rear yard boundary are intermingled with and separated by trees and plantings. The sixth detached trellis (herein"1998 trellis") situated in 2016 by the current owner on the north, side yard boundary is joined with arbor-vitae on each side. The sixth trellis originally was situated on the west boundary since about 1998 to shield an adjacent one story home before its relocation in June 2016. When the owner learned of the encroachment in June 2016, she relocated the longstanding 1998 trellis from the west to north boundary with the approval and encouragement of her neighbor to the north to eliminate an eye sore of ravished arborvitae by deer. The trellises will be finished on both faces and host vines and similar plants. The freestanding trellises also will mitigate against infestation of weeds and hopefully discourage deer from eating the p lants. I Standards of Ordinance Section 13-3-6A3d The standards set forth in part Aid for detached accessory structures in a required rear yard in a residential district are: • Not more than 15 feet in height except for detached es•ara g g • Cover not more than thirty percent (30%) of the rear year; and • Be located not less than five (5) feet from the side or rear lot line. Village of Oak Brook Exhibit to Application for Variation Under the Zoning Ordinance January 18,2017—Revised March 17,2017 Ordinance Section 13-3-6 Accessory Uses specifically allows arbors or trellises attached to the principal structure. Note that the proposed freestanding trellises are constructively connected to the principal residence as essential and integral parts of the residence garden and patio to preserve the property value, privacy, air and light and characteristics of the lot. Ordinance Sections 14-7-4 Variations and Amendments 13-14-6 Variations D The standards for granting a variation by the Zoning Board of Appeals are contained in Section 13-14-6D. Those three standards may be described as: (i) the property will not yield a reasonable return on value if the variation is not allowed; (ii)the plight of the owner is due to unique circumstances; and(iii)the variation upon granting will not alter the essential character of the locality. The installation of the five freestanding trellises inside the western boundary of 25 Robin Hood Ranch is required to maintain a reasonable return on investment. The trellises will provide a partial shield against the brown slab wall, preserve the owner's right to the quiet and peaceful enjoyment of the garden and patio situated in the rear yard and maintain the right to privacy for the garden and patio. The five freestanding trellises meet the unique circumstances test given the construction of the imposing thirty foot high brown slab wall without relief by the owner of 11 Robin Hood Ranch overshadowing the applicant's garden and patio. The essential character of the locality will not be altered by granting a variance for the five freestanding trellises in view of the unique layout of the subdivision and tapered boundaries of the subject property. The lineage of the one detached trellis on the north boundary dates to it being situated by the prior owner since 1998 on the mid west boundary line prior to its relocation in June 2016. The 1998 trellis was utilized for privacy and beautification when the adjacent lot(11 Robin Hood Ranch)was improved with a one story residence before it was demolished. The 1998 trellis on the north boundary meets the goals of privacy, pleasing aesthetics, compatibility in design to the residence and harmony with the archway to the rear yard garden and patio. The so called 1998 trellis unbeknown to the applicant was installed by the prior owner with a de minimis encroachment of the west boundary. The applicant in good faith relocated the 1998 trellis to the north boundary in June 2016 to avoid controversy, pursue the application for a variance and in mutual agreement with her neighbor to the north. 2 • Village of Oak Brook Exhibit to Application for Variation Under the Zoning Ordinance January 18,2017—Revised March 17,2017 Part 2 of Section 13-14-6D sets forth six additional factors favorable to the applicant that may be considered from the evidence in supplementing the three primary standards. The owner/applicant addresses the core standards of Section 13-14-6D hereafter. Lot 20 in Robin Hood Ranch commonly known as 25 Robin Hood Ranch will incur material diminishment in value if denied the installation of the five freestanding trellises in its rear yard and to maintain the 1998 trellis in the north side yard. The right of privacy and quiet and peaceful enjoyment of the garden and patio areas of the residence are unfairly diminished and unjustly taken by the proximity and height of the thirty foot brown, flat wall at the new adjacent two story residence commonly known as 11 Robin Hood Ranch. The freestanding trellises also are required to interrupt and diffuse the imposing bulk of the flat thirty foot brown, slab wall of the adjacent residence that replaced a single story three bedroom home of about 1,793 square feet. The five freestanding trellises in the rear yard will, in part, shield the line of sight views from second floor windows of the flat, thirty foot high, brown wall of the adjacent residence. The irregular dimensions of Lot 20 (commonly known as 25 Robin Hood Ranch) are unique in the R2 residence district with east and west boundary lines narrowing from north to south, so the five freestanding trellises in the rear yard are essential to the aesthetics and value of the property. The 1998 trellis paired with arborvitae now situated on the north boundary provides continuity, screening, symmetry within the overall landscape plan and privacy. The north neighbor at 27 Robin Hood Ranch submitted a written communication in support of the application for variance. The owner of the newly constructed residence to the west by design of the thirty foot tall slab wall without relief imposed a material adverse burden and diminution on the air and light and privacy rights of the owner/applicant. The proximity and mass of the thirty foot tall, flat wall designed without relief at the adjacent residence to the west imposes a serious threat and restriction to the reasonable expectations to privacy and air and light of the owner/applicant. The granting of the variation for the five freestanding trellises in the rear yard and the 1998 trellis in the north side yard will not alter the essential character of the neighborhood. Robin Hood Ranch consists of single family homes in the R2 District adjacent on the western side to the Fullersburg Woods Forest Preserve. Robin Hood Ranch is a destination neighborhood offering homes of different architectural styles and time periods. The granting of the variation for the five freestanding trellises in the rear yard and 1998 trellis in the north side yard would be limited to and unique to the characteristics of Lot 20, namely, continuous presence of the 1998 trellis, tapering lot dimensions and diagonal location of the residence on the lot. 3 r Village of Oak Brook Exhibit to Application for Variation Under the Zoning Ordinance January 18,2017—Revised March 17,2017 There are numerous favorable factors in support of the Application for Variance for the five freestanding trellises in the rear yard and the 1998 trellis in the north side yard for consideration by the Zoning Board of Appeals. The hardship in this case was created by demolition of a one story residence of approximately 1790 square feet and the construction of a thirty feet tall , flat, brown wall of significant mass approximate to the rear yard and interfering with the un- obstructive air and light spaces. The construction of a thirty feet tall brown, slab wall designed without relief is not in keeping with good aesthetics, nor the norms of the neighborhood, and constitutes a constructive taking or diminution of the owner/applicant's rights to privacy, and the quiet and peaceful enjoyment of her property. The owner/applicant would be subject to significant diminution in her right of privacy. The owner/applicant also will suffer impairment in the value of her property investment due to the looming shadow created by the thirty feet, brown, slab wall. The right for quiet and peaceful enjoyment of the owner/applicant's property is negated by the density of the thirty foot, brown, slab wall in contrast to her traditional single family ranch style home. The taper or narrowing of the east and west boundaries of Lot 20 are unique to the overall subdivision and not replicated in general elsewhere in the neighborhood or the greater Village. A granting of the variance for the five freestanding trellises in the rear yard and 1998 trellis in the north side yard will not create a precedent given the unique circumstances of this situation. The granting of this variation for the five freestanding trellises in the rear yard and 1998 trellis in the north side yard furthers the public welfare by preserving the right to privacy,the right to the quiet and peaceful enjoyment of one's garden and patio areas, and by shielding the garden areas from the overwhelming presence of the adjacent thirty feet, brown, slab wall. The proposed variation does not impair the supply of light and air to the adjacent property and the presence of the five freestanding trellises in the west rear yard with the middle three of twelve feet in height and the two end trellises of six feet in height and of an open design provides relief from and contrast to the thirty feet, brown, slab wall. The five freestanding trellises including the southernmost one joined to the arbor of open design in the rear yard do not represent a threat to public safety or impair the property values within the neighborhood. The five freestanding trellises, in fact, will buttress the value and unique character of Lot 20. The 1998 trellis located for twenty years approximately on the middle of the west lot boundary now in the north side yard reflects the inherent design, utilization and value of the property. The installation of the five freestanding trellises in the rear yard of Lot 20 represents a substantial investment of time and money to preserve and maintain the property value of Lot 20 in the long term. The hardship and burden in this situation is solely attributable to the adjacent owner's construction of the thirty foot brown, slab wall requiring remedial action by the owner/applicant 4 4 Village of Oak Brook Exhibit to A pp lication for Variation Under the Zoning January 18,2017—Revised March 17,2017 to preserve the right to use, possess and enjoy her residential property consistent with the values of the community. The trellis panels will be installed at a minimum of approximately six inches inside the property line employing survey technique. The applicant is requesting a variance to install five trellises inside the property's west boundary line and to maintain the 1998 trellis on the north boundary. Proceeding from north to south on the west boundary line, the first trellis of six feet in height and twelve lineal feet in length starts about fifteen feet from the north point of the west lot line; the second trellis of twelve feet in height and twelve lineal feet in length starts about forty feet from the north point of the west lot line; the third trellis of twelve feet in height and seven lineal feet in length starts approximately eighty-five feet from the north point of the west lot line; the fourth trellis of twelve feet in height and twelve lineal feet in length starts about ninety-five from the north point of the west lot line; and the fifth trellis of six feet in height and thirteen lineal feet in length starts about one hundred and fifteen feet from the north point of the west lot line. The southernmost trellis on the west boundary connects to a six foot in height trellis and arbor attached to the residence. The trellises are finished on both sides. The three southernmost trellises inside the west lot line are situated to maintain privacy and quiet enjoyment of the gardens and patios at the narrowest distance and sight line between the two residences. Each of the five trellises inside the property's west boundary line will be interspersed with ten existing trees, four of which were purchased and planted by the owner/applicant in 2016. The 1998 trellis of six feet in height is combined with a row of arborvitae on each side. The features of the twelve feet high trellis are the decorative post and cap of twelve nand a half feet; two feet eight inch square lattice with four inch openings; nine feet four inch square lattice with one-inch openings. The features of the six feet high trellis are decorative post cap of six feet five inches; one foot one inch square lattice with four inch openings; and four feet two inch square lattice with one inch openings. The Group Exhibit 1 attached hereto consists of a photo album of photos depicting the mass, intrusive nature, and invasive sight lines of the brown slab thirty foot wall on the adjacent property known as 11 Robin Hood Ranch. Therefore,the owner/applicant respectfully requests the granting of the variation by the Zoning Board of Appeals to install five freestanding trellises in the rear yard and the 1998 trellis in the north yard of Lot 20 as depicted on the attached drawing. 5 A6. AFFIDAVIT I,NANCY KEENAN, a resident of Oak Brook, Illinois state as follows: 1. I and my husband owned the property commonly known as 25 Robinhood Ranch from 1997 to 2013. 2. A trellis with approximate dimensions of six feet in height and ten to twelve feet in length was installed at approximately the mid-point of west boundary of Lot 20 in Robinhood Ranch Subdivision by a landscape contractor in approximately 1998 and continuously remained in place to the time of the sale of the residence in 2013 to Julie Olafson. 3. The trellis as an integral and essential part of our garden and patio landscape plan served the purposes of the right to privacy,the right to quiet and peaceful enjoyment of our garden, yard and patio and beautification. 4. This Affidavit is given in support of an Application for Variance to authorize installation of trellises on the west and north boundary of Lot 20 in Robinhood Ranch Subdivision. 5. The affiant states no more. Nancy Kee STATE OF ILLINOIS ) SS. COUNTY OF DUPAGE ) The undersigned, a Notary Public in and for the above County and State, certifies that NANCY KEENAN, known to me to be the same person whose name is subscribed to the foregoing Affidavit, appeared before me in person and acknowledged signing and delivering the instrument as her free and voluntary act, for the uses and purposes therein set forth. ` r Dated: March ,+�� 2017 ��- (� 'X� ice. Notary Public OFFICIAL SEAL DEBORAH L KEEFER NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION E)PIRESA1AW19 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. Julie Olafson Trust Julie Olafson Trust Printed Name of Owner Printed Name'pf Applicant i49<� _11............N' _; signat re o er D to rynature of Applic Da e BILL TO INFORMATION: Julie Olafson Print Name/Company Contact Person Contact Phone 25 Robin Hood Ranch, Oak Brook, IL 60523 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 hearing, the hearing on this matter will be postponed to the next regular meeting, or until such- time as all neighbors within the 250-foot requirement have been sent proper notification. PUBLIC HEARING Variation Packet-2/2011 C • NAMES OF SURROUNDING PROPERTY OWNERS Following are the names and addresses of all surrounding property owners from the property in question for a distance of approximately 250 feet in all directions. The number of feet occupied by all public roads streets alleys and public ways have been excluded in computing the 250-foot requirement. Said names are as recorded in the office of the County Recorder of heeds(or the Registrar of Titles of the County)and as they appear from the authentic tax records of this County within 30 days of t<he filing of this application. Provide a mailing label for each Property Owner listed. Note: The people on this list will be notified by mail with the information about your request and the meeting schedule. PROPERTY NAME OF MAILING ADDRESS OF PARCEL PROPERTY ADDRESS OWNER PROP OWNER Please i,See Attached List (Attach additional sheets if necessary) i PUSUC HEARING Variation Packet-2/2011 NAMES OF SURROUNDING PROPERTY OWNERS NAME OF MAILING ADDRESS PROPERTY PARCEL PROPERTY OF PROPERTY ADDRESS NUMBER OWNER OWNER Forest Preserve PO Box 5000 06-36-100-002 District Wheaton, IL 60189 George A. and Ana 2936 W. Belmont 06-36-104-002 G. Sisson Chicago, IL 60618 Mary A. Sisson 12 Robinhood Ranch 06-36-104-003 Oak Brook, IL 60523 Thomas B. Doyle 7 Robinhood Ranch 06-36-105-002 Oak Brook, IL 60523 Anna Rosa Giebel 9 Robinhood Rd 06-36-105-003 Oak Brook, IL 60523 Fawaad &Naseem 11 Robin Hood Ranch 06-36-105-004 Khan Oak Brook, IL 60523 Chicago Tr. PO Box 5121 06-36-105-006 1103381 Oak Brook, IL 60522 Stanley & Carol 27 Robinhood Ranch 06-36-105-007 Strahan Oak Brook, IL 60523 Edward & Mariana 32 Robinhood Ranch 06-36-106-004 Giebel Oak Brook, IL 60523 Richard & Alberta 30 Robinhood Ranch 06-36-106-005 Jones Oak Brook, IL 60523 William &Mary 28 Robinhood Ln. 06-36-106-006 Raidt Oak Brook, IL 60523 Arthur W. and 3412 York Rd. 06-36-201-006 Joan Philip Oak Brook, IL 60523 Arthur W. Philip, 3412 York Rd. 06-36-201-007 Trustee Oak Brook, IL 60523 Forest Preserve PO Box 5000 06-36-302-001 District Wheaton, IL 60189 Birdie L. Chow 110 Indian Trail 06-36-303-003 Oak Brook, IL 60523 • Consantine & I 22 Robinhood Ranch 06-36-303-004 Grapsas Oak Brook, IL 60523 Charles T. Urban 24 Robinhood Ranch 06-36-303-005 Oak Brook, IL 60523 Margaret& 26 Robinhood Ranch 06-36-303-006 Thomas Murphy Oak Brook, IL 60523 Kamran Ryub 422 Luthin Rd. 06-36-303-007 Oak Brook, IL 60523 Gary Kronen 418 Luthin Rd. 06-36-303-008 Oak Brook, IL 60523 Wm. M. & Jean 412 Luthin Rd. 06-36-303-009 Monat Oak Brook, IL 60523 Choonie &Edward 408 Luthin Rd. 06-36-303-010 Cladek Oak Brook, IL 60523 Kevin P. Flood 396 Amy Ct. 06-36-303-011 Glen Ellyn, IL 60137 David Wojcyznski 16 Robin Hood Rnch 06-36-303-016 Oak Brook, IL 60523- 2725 Paul E. Clinch 18 Robinhood Ranch 06-36-303-017 Oak Brook, IL 60523 Steven Kowal 1 Mill Gate Ln. 06-36-400-017 Oak Brook, IL 60523 James & Annette 2 Mill Gate Ln. 06-36-400-018 Lovelace Oak Brook, IL 60523 • • COMPLIANCE WITH "AN ACT TO REQUIRE DISCLOSURE OF ALL BENEFICIAL INTERESTS" 765 ILCS 405/1, ET AL (1993) NAME OF TRUSTEE:Julie Olafson PPN #:06-36-105-008 PROPERTY ADDRESS:25 Robinhood Ranch, Oak Brook, IL 60523 NAME &ADDRESS OF BENEFICIARIES: 1.Julie Olafson 2. 3. The above and foregoing is a complete disclosure of all beneficiaries and/or holders of any beneficial interest in the above named trust. STATE OF ILLINOIS ) ) SS COUNTY OF DUPAGE ) -I(A1 \C- d ( a Being first sworn on oath deposes and states that he/she has read the above and foregoing disclosure of beneficiaries of a land trust by him/her subscribed, knows the contents thereof and tha the same are true and correct. S' nature Subscribed and sworn to before me this & day of January 2017 (SEAL) I Notary Public aRO&.WA AIL NOTARY K" STATE GMT ILLMN - MY COA 1 E)FWS:11Mm9 r PUBLIC HEARING Variation Packet-2/2011 • • P Please Deposit Check in: Zoning Account 10-4302 For: Julie Olafson Trust - 25 Robin Hood Ranch - Variations - Accessory Structures - Trellis Heigh $ 750.00 25 Robin Hood Ranch - Variation - Public Hearing Sign Fee $50.00 MISCELLANEOUS PAYMENT RECPT#: 415210 MISCELLANEOUS PAYMENT PECPT#: 411339 VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD VILLAGE OF OAK BROOK OAK BROOK IL 60523 1200 OAK BROOK ROAD OAK BROOK IL 60523 DATE: 02/06/17 TIME: 15:42 CLERK: reception DEPT: DATE: 01/23/17 TIME: 13:52 CUSTOMER#: 0 CLERK: reception DEPT: CUSTOMER#: 0 INFO: VARIATION/ROBIN HOOD INFO: VARIANCE 4302 ZONING/SUBDIVIS 50.00 4302 ZONING/SUBDIVIS 750.00 AMOUNT PAID: 50.00 t .AMOUNT PAID: 750.00 PAID BY: LILLIG & THORSNESS L PAYMENT METH: CHECK PAID BY: JULIE A. OLAFSON 020264 PAYMENT METH: CHECK REFERENCE: 3161 REFERENCE: AMT TENDERED: 50.00 AMT APPLIED: 50.00 AMT TENDERED: 750.00 CHANGE: .00 AMT APPLIED: 750.00 CHANGE: .00 • i Subject Property Verification (Complete a separate form for each P.I.N.) 1. Permanent Index Number(P.I.N. from Real Estate Tax Bill): 6 36 105 8 2. Common Address: 25 Robinhood Ranch, Oak Brook, IL 60523 3. Type the Complete Legal Description Below. (Attach a separate page if longer than the area provided) 4. Email the Legal Description to gpolanekCa_oak-brook.org LOT 20 IN ROBINHOOD RANCH SUBDIVISION, BEING A SUBDIVISION OF PART OF THE WEST 1/2 OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN,ACCORDING TO THE PLAT THEREOF RECORDED JUNE 15, 1953 AS DOCUMENT 685421, IN DUPAGE COUNTY, ILLINOIS The Permanent Index Number, Common Address and Legal information provided has been verified as follows: i DuPage County Records/Research Room: (630-682-7398) Contact Person: I Date called: �I i I verify that the information provided above is accurate. a A Printed Name Si ature Date: Relationship to Applicant: DO NOT WRITF_4N TH1S SPAC1E-F4R oFFIC1r USE ONLY Legal Description Rvevrew C rre� o ct i ans Re it q u ed yes Flo 7 - - 7, Approved By: Date PUBLIC HEARING Variation Packet—2/2011