Loading...
HomeMy WebLinkAboutS-1729 - FAR Variation�5 DOCUMENT SUBMITTED WITH LOW QUALITY / ILLEGIBLE PORTIONS (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, IL 60523-2255 RECORDED DOCUMENT TITLE PAGE Title of Document: ORDINANCE 2025-ZO-V-EX-S-1729 AN ORDINANCE GRANTING A VARIATION FROM PROVISIONS OF SECTION 13.6.133.0 OF THE TITLE 13 "ZONING REGULATIONS" OF THE VILLAGE OF OAK BROOK RELATIVE TO THE PERMITTED FLOOR AREA RATIO FOR THE PROPERTY LOCATED AT 23 CONCORD DRIVE IN THE VILLAGE OF OAK BROOK ILLINOIS Property Address/es 23 Concord Drive Oak Brook Illinois 60523 If vacant land, so state and list nearest cross streets) PIN No(s). 06-27-402-009 Name and Address of Applicant: Pete Bafti 5s541 Radcliff Rd Naperville, IL 60563 Name and Address of Responsible for Billing: same as above Party to Receive Copy of Recorded Document and send copy G/L Account to be charged: 10-1365 Prepared By and Return to: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 Name & Address of Recipient _ of Consideration (when applicable): GIL Account to be charged: THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS ORDINANCE NUMBER 2025-ZO-V-EX-S-1729 AN ORDINANCE GRANTING VARIATION FROM PROVISIONS OF SECTION 13- 6.D3.0 OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO THE PERMITTED FLOOR AREA RATIO FOR THE PROPERTY LOCATED AT 23 CONCORD DRIVE, IN THE VILLAGE OF OAK BROOK, ILLINOIS LAURENCE E. HERMAN, Village President NETASHA SCARPINITI, Village Clerk NAVEEN JAIN MICHAEL MANZO MELISSA MARTIN JAMES NAGLE A. SURESH REDDY EDWARD TIESENGA Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on this 101h day of June 2025 Ordinance No. 2025-ZO-V-EX-S-1729 Variation from Section 13-6D-3.0 23 Concord Drive, Oak Brook, Illinois PIN. 06-27-402-009 Page 2 of 10 ORDINANCE NO. 2025-ZO-V-EX-S-1729 AN ORDINANCE GRANTING VARIATION FROM PROVISIONS OF SECTION 13-6D-3.0 OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO THE PERMITTED FLOOR AREA RATIO FOR THE PROPERTY LOCATED AT 23 CONCORD DRIVE, IN THE VILLAGE OF OAK BROOK, ILLINOIS PINS: 06-27-402-009 WHEREAS, the Village of Oak Brook is a municipal corporation organized pursuant to the laws of the State of Illinois; WHEREAS, the Village of Oak Brook is authorized by the Illinois Municipal Code, 65 ILCS 5I11- 13-5, to vary its zoning regulations where there are practical difficulties or particular hardship in observing those regulations for the use, construction, or alteration of buildings or structures or the use of land; WHEREAS, the property owner has requested a variance from certain provisions of the Village of Oak Brook Zoning Ordinance as described herein; WHEREAS, an application has been filed by A & E Luxury Builders , agent for the owner (the "Owner"), of the property located at 23 Concord Drive, Oak Brook, Illinois, which is legally described in Exhibit A attached hereto and incorporated herein (hereinafter referred to as the "Subject Property's and located in the R-4 Zoning District, requesting a Variation from to Section 13-6-D3.0 of the Zoning Ordinance of the Village of Oak Brook, as amended, to allow an increased Floor Area Ratio from 0.4 to 0.6 (hereinafter referred to as the "Variation'; WHEREAS, the Village of Oak Brook Planning & Zoning Commission (the "Commission") on February 5, 2025 held a public hearing to consider the petitioner's request and to hear testimony on the proposal and as a result of said hearing the Commission issued a negative recommendation in this matter to allow the requested Variation, all pursuant to proper notice and in compliance with the laws of the State of Illinois and ordinances of the Village of Oak Brook; WHEREAS, by majority vote, the Commission found the request to be inappropriate under the standards adopted by the Village of Oak Brook in its Zoning Ordinance applicable to zoning variances and made negative findings of fact in opposition of said Variance; WHEREAS, the Commission recommended denial of the Owner's request by the Village President and Board of Trustees (collectively the "Corporate Authorities") of the Village of Oak Brook; WHEREAS, upon receiving said negative recommendation and in light of certain amendments pending before the Commission directly affecting Owner's need for such Variation, Owner requested temporary stay on his application pending the outcome of related amendments; WHEREAS, after review and discussion of Owner's application and related amendments to the Zoning Ordinance at its May 27, 2025 Board Meeting, the Corporate Authorities of the Village of Oak Brook find that the granting of the requested variance has no detrimental impact on the health, welfare or safety of the public in general and finds that the Owner has met his burden in demonstrating the grounds for the requested Variation; and WHEREAS, the Corporate Authorities of the Village of Oak Brook find that the Owner has demonstrated unique practical difficulties or particular hardship in the application for variation from the Village's recently amended zoning regulations. 2 Ordinance No. 2025-ZO-V-EX-S-1729 Variation from Section 13-6D-3.0 23 Concord Drive, Oak Brook, Mims PR 06-27-402-009 Page 3 of 10 NOW, THEREFORE, BE IT ORDAINED, in open meeting assembled, by the Village President and Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois as follows: Section 1. Recitals. The Corporate Authorities hereby find that all of the recitals hereinbefore stated as contained in the preamble to the Ordinance are full, true and correct and do hereby, by reference, incorporate and make them part of this Ordinance as legislative findings. Section 2. Grant of Variation. Subject to, and contingent on the conditions, restrictions, and provisions set forth in Section 3 of this Ordinance, the Village Board of Trustees shall, and does hereby, approve a Variation to the Zoning Regulations as follows: Variation from Section 13-6D.3.0 of the Zoning Ordinance of the Village of Oak Brook, as amended to permit and allow an increased Floor Area Ratio from 0.4 to 0.6 for the property commonly referred to as 23 Concord Drive, Oak Brook, Illinois. 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 design and placement of the proposed structure shall be constructed in substantial conformance with the plans as submitted and attached hereto and incorporated herein as Exhibit B. B. Compliance with Zoning Regulations and Village Code. The Owner shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived by this, or subsequent, Ordinances. C. Compliance with Applicable Law. In addition to the other specific requirements of this Ordinance 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 Variation granted herein, 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 Owner of all or any portion of the Property. Section 6. Severability. If any section, paragraph, clause or provision of this Ordinance shall be meld invalid, the invalidity thereof shall not affect any of the other provisions of this Ordinance. Section 7. Effective Date. A. This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. and B. 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 3 Ordinance No. 2025-ZO-V-EX-S-1729 Variation from Section 13-6D-3.0 23 Concord Drive, Oak Brook, Illinois PIN: 06-27-402-009 Page 4 of 10 Owner. The unconditional agreement and consent must be substantially in the form attached hereto and incorporated herein as Exhibit C. In the event that the Owner does not file with the Village Clerk the unconditional agreement and consent required herein 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. Section 8. Pen@lt y. Any person violating the terms and conditions of this Ordinance shall, following prior notice thereof by the Village to such offending person and such opportunity to correct such violation(s) as the Village may determine appropriate, be subject to a penalty not exceeding $750.00, with each and every day that such violation of this Ordinance is allowed to remain in effect being deemed a complete and separate offense. In addition, the appropriate authorities of the Village may take such other actions they deem proper to enforce the terms and conditions of this Ordinance, including, without limitation, an action in equity to compel compliance with its terms. Any person violating the terms of this Ordinance shall be subject, in addition to the foregoing penalties, to the payment of court costs and reasonable attorneys' fees of the Village. Section 9. Conflict Clause. That all ordinances or parts of ordinances in conflict with the terms of this ordinance shall be repealed to the extent of said conflict. Section 10. Publication. This ordinance shall be published in book or pamphlet form as provided by the Illinois Municipal Code. Section 11. Recording. This ordinance shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook. 4 Ordinance No 2025-ZO-V-EX-S-1729 Variation from Section 13-6D-3.C. 23 Concord Drive. Oak Brook, Illinois PIN 06-27-402-009 Page 5 of 10 PASSED THIS 101" day of June 2025. Ayes: Trustees Jain, Manzo, Martin, Nagle, Reddy, Tiesenga Nays: None Absent: None APPROVED THIS 101h day of June 2025. ATTEST: If "a-- NETASHA SCARPINI I, Village Clerk 5 Village President Ordinance No. 2025-ZO-V-EX-5-1729 Variation from Section 13-6D-3.0 23 Concord Drive, Oak Brook, Illinois PIN: 06-27-402-009 Page 6 of 10 EXHIBIT A LOT 230 IN BROOK FOREST, BEING A SUBDIVISION IN SECTION 27, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORD JULY 26,1965, AS DOCUMENT R65-27092 AND CERTIFICATE OF CORRECTION FILED SEPTEMBER 24,1965 AS DOCUMENT R65-37409, IN DUPAGE COUNTY, ILLINOIS. L Ordinance No. 2025-ZO-V-EX-S-1729 Variation from Section 13-6D-3.0 23 Concord Drive, Oak Brook, Illinois PIN:06-27-402-009 Page 7 of 10 EXHIBIT B PLANS 23 Concord RenderiN4P9 d Ih IS I ps WN'0 glum 171 None a it on Ilf 1-7 77 jl�' W own ads IMR—f !I + { bo,ftv� I Id=a �y per. ...tsykLT TYPICAL SENTRY STUCCO WALL SYSTEM WETN WOOD FRAMING :.,.. STUCCO DETAILS S ; NTS +,moolm++c m FnFA � .0 � LQ �cca —K lf/4N V t/Y' NbS —w raor. eAnR reo nAu pRgRY n I O. SYTFI 0. 55 w Fl•RSII[4 M_ _ »u5S0,tE su (FR,1 hlNE� P1e�l _ . TOP/i➢n - L_ �,C glatWl�C54129. Lot :Ise FREZE .BRti V /.' � —SFa2 !n^I � �SSa�E/ y3� ta'Ifla• CDLUM _ 1' ^� _ _ - �olr.J I M mE FU4fxc h9. I I I � I I � FRONT ELEVATION - EAST ELEVATION _ SCALE k. ww..,.,..,r�.wnmwswv •� a. a. .ttv.MxlSilmn..a mv+,K.c ago: :�ur<R'twm .e t�f.Rtu P.,.<dt��a•..ti��.a. a.w.-r+Rx+>tw veakR.t a. mr.�Ro-.m_nmww a %kP vegan lskpga/Eho �r.pr ��m tP> �vilsl FK ,IP'rRC.ni:bxfL�INr AA 1 architecture e w. VReR•"• Pl-wy swaA Ymlmll Illma& £0566 Phase G3P SI-9019 E-mail, albrna�AmJ;RPWwigRs.wm FOR PFR4R 00.POt FVR . ST, U 0 oc hL LU w �T 0 o� edit 0 g ti o dN0 iL�"Bt JOB NO. N-Rl DATE. 63- 6 FILE PLOT Smu,, OWNER APPROVAL S11m THE EXTERIORELEVATIONS S10[ 7AWEA A5 AILOWAMEXOLES— ...._.� FLOOnLOAD TAWX -- — - MUMM r nr VxwM .�iM.�rM�w +� r - wrr�ynip�., TIPS FOR PAEVQMTIXO FLOOR XOXXi rri.*�iww �-:rt� w. tieinr r.ne,.W. �sx.n — w.rrllll� ,saes-aa ---------- svartR swr. ec x canes .... „re]or ,uJe: ', r♦mw°°Y.a o�wI xue xc n ecvowa+e xo wrrerR x"" rams 7 .'�: I - R ] rex�5xer • emxd ,eO,E •IxCK'�lri wr:sM -o , - Il, TJI SPAN TABLES AND INFORMATION SCALE.- ern F�'YY - r p` wxoaw 1 r „S eal Frs. i axganox!vxRl reumxR�ex x]u axe rla. _ r r _ e�mron nk. r -- __- _- _ Axo raonm re. -- REAR ELEVATION — WEST ELEVATION SCALE: 11e' • 1'•0' FLOOR span T049M eemes.wee.e.m. x..a�.R,.J.x. r V Up Z - F d. r, �. x1^ r=:}: VJe411-SYe Matlmxerrorti ..f WMti� x �.rer�wr. wr .ram �r .Y.y wmY.xxe� PREFABRICATED FLR JST PROTECTION �exr r she- tier r ce. eavm ra smrasm rK wrL � Aaxr >� aenmor am rtox emmar Mx M waA mw GAS SERVICE NOTE - xxwr F,n - a� m,m x sxc r,r rs we,rna w nsra.an n mxrn - s.r - ce* ra x acne .atsw: DRAFT STOP NOTE 90�i AA Wls�Fk SOS � y isI18PalFp xfYl J495 S,wl � IXY, 9TlL x nW r,( e#A of x[ OdAtD mwY M6 ixl F+lim ]M T6 n„iL exa m4/,m m+4 rrto Aimromnx R1 ai[ �Ox%, z,OfR/4 rw�rn AA E) ]SUM& DE35 NS architecture 664 W. Vxp,x+" Sm.A Y.,WlI. Alb.i. 6DW . ' Pnonc 6cJ0�Je1-4JI9 _ _ �wt, wre �ArrRov.0 raaam rort casr. z rn r w JORNO. x.-,n DATE o ria ME FLOTSCAL.E,+ 0"Ex AFFROVAl an xJ nos.+ EX ERM ELEYAT[ONS SHEET M.'" R A6 :.aLe ma 6 RrM IWC �44[L IEM W-IWR ' WpfAlr -pFE: wu[i O.dp RM 4M fa W uG' V-fACttl M � �t9Oimt• f01116 oaj ru --GO-f P11am RA°!R lYRU6)'. a foM sra . ec.mr �nir ain°r sNcoo ov nAS InAG10 iLLTal N1H � - .:/is[.niR.W[ CE?- E41VES5 , &it16R45 1' MULr— smvE - - su �I -C-.-T4v�aF faYr-' Cp//w - _ AAM V/ sk6 m Pr,-rr nvoE M --16XEG Fllr S Tt S��ruzTW.iPToBuN-ADu. P7O�ts�-PRLIFf�. y/c yB�vA1TE3L:. CORPORATTO\ POYYERLPFr Boa R�oa�� T9 vs+.rH5.Do pns cn7a6 a m.ed�+m4mailm.00m .: Standard Features a . WMirnvlK aideMMeaal-wlproonvoaer , P-wa.r o-Mwt.., raii.trrmay,rm unw � � CY 181M r1Y�am ee. vlNYrwpia �-+ f �� (xeis�vrd0oro y-�a-RWewl d-Aly tWtNlw z<nt p-nYAba 1 i-iw AEj1 tMiimRt .i7-1 g $% 33 cwvv c-rw-a mrterw voroamauv..r, a121-t21-a30-orlO cuA.Max �i arra -r an Slrr Pi ea n n rc�bMro--xloP, � •sF �_ � I �"lrap°'„`.Ihrr-bnm.�-r�..y ie ar.o-nn .r C S8 � n.6m ur-am] Aatimonm options � c,m--raor Fwrn-gw-bM Kw.e O.way.Is �+ � mY.m Tm � _ ! 3£ -y�� sn6�m Milnwyeone nRP, Z1pV.EOh mov � �_ e:ownrrrr-� xro.mean�.aawre.vpe > S - Po`tiERUFT W&LBWAMRS x' -6nslucwuaronwnu vwM DUMBWAITER SPECIFICATIONS SCALE: PITS YPoKSTM RACE KM1 �MPl y L�� xrccruuL .. iac�rccrw.a - � - - � --'--" L4~rL-mtia.aeoR fX:xellPpn� FI r L-------------- _____________� RIGHT SIDE ELEVATION - NORTH ELEVATION SCALE- fu'-V-0' s r0uo-twrr vu , _ _------------- Al D architecture 6"W. VeC1 Ploy. SuficA Yn&dm, In— w%G - _ Phanc: F30.3k1-9a14 PMNPROYAL mn eac�ar con comer. a LLI i K J j czrxn� 4� W 0 � O 0. H6JOB NO 1—n QATf. DS-fY1S FILE PLAT SCAI..` OWNER APPROVAL SIIF.FT TIN WrERIOREtEVAMNS SfxTr,rT%vwF.R A7 RM' V -W-M I. � 'qj L --- - - ---------------- ------ ------------------------------- LEFT SIDE ELEVATION - SOUTH ELEVATION SCALE: IW-F� `jo ._-Wait wulsm (2) tff xpi OC BALCONY DETAIL DETAIL .BALCONY Al 9) A-MMU214i DEIRPrIms architecture WW.%'—Pk,-y.%'.i.A Y.Wll, 111hi, 6OW Emil alhena?:s�amadrnF+>s.cwn JOB No. -M DAY .. RX ?XQTSC,AlX- 01"hRAPMMAL 2(7EPJOR ELEVATKM —.A. —.1— AB � � � � r + CZS09ll 'k00N8 7M0'NO aN0�N0� CZ 33NMISa MIMI 319NIS 43SOd0ad i h tf � � N � 4 ° Hlfld 1N3Wd013A3(1 311S� v Ordinance No. 2025-ZO-V-EX-S-1729 Variation from Section 13-6D-3.0 23 Concord Drive, Oak Brook, Illinois PIN: 06-27-402-009 Page 8 of 10 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT WHEREAS, an application has been fled by A & E Luxury Builders , agent for the owner (the "Owner"), of the property located at 23 Concord Drive, Oak Brook, Illinois, which is legally described in Exhibit A attached hereto and incorporated herein (hereinafter referred to as the "Subject Property") and located in the R-4 Zoning District, requesting a Variation from to Section 13-6D.3.0 of the Zoning Ordinance of the Village of Oak Brook, as amended, to allow an increased Floor Area Ratio from 0.4 to 0.6 (hereinafter referred to as the "Variation"); WHEREAS, Ordinance No 2025-ZO-V-EX-S-1729 adopted by the President and Board of Trustees of the Village of Oak Brook on June 10, 2025 grants approval of the Variation subject to certain modifications, conditions, restrictions, and provisions; and WHEREAS, 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 covenants as follows: 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: (1) 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 Variation 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 New Residence 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 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. 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. 7. Owner agrees and affirms that the undersigned individual(s) is(are) duly authorized to execute and enter into the binding nature of this Unconditional Agreement and Consent_ ordinance No. 2CYt5 Z0•V-E X-s 17� Variation rraM Section 13.613.3.G 23 Concord drive, Oak Brook, Hlirxvs PIN: W27-102-009 page 9 of 10 The Village shall record the Ordinance against the Subject Property, inclusive of this Unconditional Agreement and Consent, such that the lemrs }provided herein shall be binding upon at$ parties in interest and all successors and assigns, to the extent such party continues to use the Subject Property in accordance with tN approving Ordinance; and Owner shall remain subject to the terms of the Ordinance unless otherwise transferred by execution of a Transferee Assumption Agreement, if applicable provided the nature of the rellefgranted herein. IN VVTNESS WHERE10F, the undersigned, as Owner of the Subject Properly, executed this Unconditional Agreement and Consent on this .day of 12025. OWNER % i By. State of Illinois } County of ) 1, a Notary Public in and for the County and State aforesaid do hereby certify that. above signeo individual, personally known to rile, and that he appeared before me this day of , 21)2;, and acknowledged that he personally executed this instrument. UWUEL 5 MARZWK fTiricial t^_Sl Notary Public - State of Irlrnots My GOmmiS91on Expires Jul 22, 2026 0 Ordinance No. 2025-ZO-V-EX-S-1729 Variation from Section 13-613-3 C 23 Concord Drive, Oak Brook, Illinois PIN: 06-27 402-009 Page 10 of 10 EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT LEGAL DESCRIPTION Property: LOT 230 IN BROOK FOREST, BEING A SUBDIVISION IN SECTION 27, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORD JULY 26,1965, AS DOCUMENT R65-27092 AND CERTIFICATE OF CORRECTION FILED SEPTEMBER 24,1965 AS DOCUMENT R65-37409, IN DUPAGE COUNTY, ILLINOIS. PINS: 06-27-402-009 10 standards of allowing larger buildings on smaller lots. He expressed his support for option one in excluding basements from the FAR calculations. Trustee Jain shared his support for option one also and asked Development Services Director Von Drasek to educate everyone on the complexities surrounding the zoning regulations for commercial versus residential buildings. Development Services Director Von Drasek explained that the FAR is calculated exactly the same way for both the commercial and residential buildings; however, the calculations vary across different commercial districts. President Herman said that the implementation of the FAR limits for residential buildings was established a few months ago by the Planning & Zoning Commission after extensive deliberations during several meetings. He explained that the limits were established to address complaints about the surprising number of outliers in residential construction attributed to the lack of clear guidelines. Since then, feedback has been mixed and he stated that if needed, the issues can be sent back to the Planning & Zoning Commission for further deliberations. Trustee Nagle supported the idea of revisiting additional discussion regarding zoning regulations, and addressing concerns raised by an anonymous person that created and distributed flyers throughout York Woods Subdivision. He clarified that proposed changes to commercial building regulations to exclude calculations of elevator shafts and mechanical rooms will not significantly impact the overall structure. He also expressed support of option one. MOTION: To Approve Ordinance G-1273, An Ordinance Amending Title 13 (Zoning Regulations) of the Village of Oak Brook Code of Ordinances: Floor Area Ratio (FAR) Regulations Motioned: Trustee Reddy Seconded: Trustee Manzo ROLL CALL VOTE: Ayes: 6 Trustees Jain, Manzo, Martin, Nagle, Reddy, Tiesenga Nays: 0 None Abstain: 0 None Absent: 0 None Motion Passed G Ordinance S-1729, An Ordinance Granting a Variation from Provisions of Section 13-6.D3.0 of the Title 13 (Zoning Regulations) of the Village of Oak Brook Relative to the Permitted Floor Area Ratio for the Property Located at 23 Concord Drive, in the Village of Oak Brook, Illinois President Herman stated that after the previous vote this regulation was no longer relevant because the Ordinance granting relief to homeowners who engaged in home design prior to the October 2024 rule change are not affected. However, because the item is listed on the Agenda, he recommended a proper vote. MOTION: To Approve Ordinance S-1729, An Ordinance Granting a Variation from Provisions of Section 13-6.D3.0 of the Title 13 (Zoning Regulations) of the Village of Oak Brook Relative to the Permitted Floor Area Ratio for the Property Located at 23 Concord Drive, in the Village of Oak Brook, Illinois Motioned: Trustee Manzo Seconded: Trustee Reddy Board of Trustees Minutes Page 8 of 1 I Regular Meeting of June 10, 2025 ROLL CALL VOTE: Ayes: 6 Trustees Jain, Manzo, Martin, Nagle, Reddy, Tiesenga Nays: 0 None Abstain: 0 None Absent: 0 None Motion Passed 7. Ordinance S-1730, An Ordinance Authorizing the Sale or Donation or Recycling or Disposal of Certain Items of Personal Property Owned By the Village of Oak Brook Finance Director Fumero explained that the ordinance is regarding the donation of three Track mountain bicycles to the Forest Park Police Department and the sale of sale of shelving units. MOTION: To Approve Ordinance S-1730, An Ordinance Authorizing the Sale or Donation or Recycling or Disposal of Certain Items of Personal Property Owned By the Village of Oak Brook Motioned: Trustee Reddy Seconded: Trustee Manzo ROLL CALL VOTE: Ayes: 6 Trustees Jain, Manzo, Martin, Nagle, Reddy, Tiesenga Nays: 0 None Abstain: 0 None Absent: 0 None Motion Passed 8. Trustee Initiative - Approach and Process to Evaluate OBBT Options President Herman led the Trustee initiative to evaluate options for the proposal of investing in and rebuilding the Oak Brook Bath & Tennis Club. He stated that the items have been publicly discussed for over a few months and that the proposal deals with the current licensing agreement and that negotiations between the vendor, the Village and attorneys are ongoing. President Herman reminded everyone that there is nothing to vote on this evening and that the matter will be addressed at a future meeting. He added that according to the procedure code, Trustees can add items to the meeting agenda. He presented slides addressing information that was shared during the past meeting and the was concerned about the amount of misinformation that was distributed to residents. He wanted to ensure that everyone had the factual information available to them. Trustee Jain had a presentation covering different options and his understanding of the expenses surrounding the proposal, renovations, proposed attractions for the pool and comments made by the public. He attempted to make a motion to have the issues go through a referendum. Trustee Tiesenga seconded Trustee Jain's motion. He expressed concerns about the lack of accurate information available to the public and the exclusion of Trustees from important discussions. He highlighted several issues with the Sports Core Advisory Committee and spoke in support of revitalizing the Committee and reevaluating and reassessing the current strategies for better understanding. Village Attorney Castaldo explained that in order to take action, the item would have to appear on the Agenda as an action item under the Open Meetings Act. Trustee Nagle compared the Village of Oak Brook Sports Core land to the TV show "Yellowstone," putting emphasis on the family's central problem of preserving the family land against external Board of Trustees Minutes Page 9 of l 1 Regular Meeting of June 10, 2025 Trustee Nagle attempted to clarify the fact that the presented vote was to have one set of FAR definitions for the Commercial and Residential zones. Trustee Manzo stated that the vote at this meeting was to provide Development Services Director Von Drasek and the P&Z Commission with direction moving forward with drafting the definition or definitions for residential and commercial areas as it relates to calculation of the basements. He requested that data from neighboring communities be gathered. Consensus was reached among the Board members to withdraw Trustee Nagle's amended motion and to consider the original motion to draft a FAR definition encompassing provisions to grandfather those that were caught in cross -fire of regulatory changes, adjustment of the capped size to 40%, for the definition to be consistent across all zones and to be included in the text amendment presented at the next Board meeting for approval. B 23 Concord Drive — Floor Area Ratio (FAR) Setback Variation Development Services Director Von Drasek presented the item asking the Board to provide the applicant an opportunity to speak on his proposed home considering that the homeowner submitted the application prior to Planning & Zoning Commission's deliberations. President Herman stated that based on the discussions of the previous Agenda item, the applicant would qualify for the variation and suggested that it might be wise to table the item until the next meeting if the applicant is willing to wait until the Board makes a final decision and votes on the FAR definition. He invited the applicant to speak. Mr. Pete Baftiri introduced himself and explained that as the owner of 23 Concord Drive and A&E Luxury Builders, Inc., he has built many luxury homes within the Village over the years. He stated that after taking the Board's comments into consideration, he would prefer that the Board vote tonight on the variation for the sake of time and the fact that the home currently meets all other requirements except for the undecided FAIL coverage and is ready to be built exactly as presented. President Herman agreed that the applicant had the right to have the variation deliberated and based on the memo included in the Agenda packet and the current definition of FAR, the home would be within permissible limits. Motion: To Overrule the Denial From Planning & Zoning Commission and Allow the Request for Variation from Sections 13.6-D3.0 of the Zoning Regulations to Allow the Proposed Principal Structure at 23 Concord Dr. as the Commission Motioned: Trustee Manzo Seconded: Trustee Nagle ROLL CALL VOTE: Ayes: 5 Trustees Jain, Manzo, Martin, Nagle, Tiesenga Nays: 0 None Abstain: 0 None Absent: 1 Trustee Reddy Motion Passed ►. ACTIVE BUSINESS A. Ordinances & Resolutions Board of Trustees Minutes Page 7 of 14 Regular Meeting of May 27, 2025