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S-1395 - 02/11/2014 - ZONING -VARIATION - Ordinances ORDINANCE 2014-ZO-V-EX-S-1395 AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF SECTION 13-6B-3D AND 13-6B-3F OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO THE REQUIRED STRUCTURE HEIGHT AND FRONT AND REAR YARD SETBACKS FOR THE PROPERTY AT 424 CANTERBERRY LANE IN THE VILLAGE OF OAK BROOK, ILLINOIS (PIN: 06-36-200-015) WHEREAS, an application has been filed by the owners, Ehab and Nour Elqaq (collectively, the "Petitioners"), of the property located at 424 Canterberry Lane, Oak Brook, Illinois and legally described in Exhibit A attached hereto and incorporated herein ("Property'), requesting variations (collectively, "Variations") from Sections 13-6B-3D and 13-6B-3F of the "Zoning Ordinance of the Village of Oak Brook," as amended ("Zoning Regulations"), to allow for the construction of a new single-family residence ("New Residence"): (i) within the required front and rear setbacks; and (ii) exceeding the maximum structure height on the Property; and WHEREAS, the Property is located in the R2 Single-Family Detached Residence District ("R2 District'); and WHEREAS, Section 13-6B-3D of the Zoning Regulations does not allow for properties that are less than one acre and located in the R2 District to be more than forty feet (40') in structure height ("Structure Height Requirement'); and WHEREAS, Section 13-6B-3F of the Zoning Regulations does not allow for properties located in the R2 District to have front yard setbacks less than 40 feet in depth ("Front Yard Setback') or rear yard setbacks less than 60 feet in depth ("Rear Yard Setback'); and WHEREAS, portions of two architectural features on portions of the roof of the proposed New Residence will be approximately forty-three feet six-inches (43'6") and forty-two feet six-inches (42'6") in height, respectively, thereby exceeding the Structure Height Requirement; and WHEREAS, the remainder of the New Residence's roofline will be in conformance with the Structure Height Requirement; and WHEREAS. the New Residence will encroach into the Front Yard Setback along Canterberry Lane by approximately eleven feet six inches (11'6"); and WHEREAS, the New Residence will encroach into the Rear Yard Setback: (i) by approximately 42 feet (42') for an approximate sixteen-foot (16') span for the construction of a porte cochere; and (ii) by twenty-eight feet seven inches (28'7") for the construction of those portions of the New Residence other than the porte cochere; and WHEREAS, on December 3, 2013 and January 15, 2014, the Oak Brook Zoning Board of Appeals ("ZBA") conducted a public hearing pursuant to due and appropriate legal notice on the application for the Variations; and Ordinance 2014-ZO-V-EX-S-1395 Granting a Variation from the Provisions of Sections 13-6B-3D and 13-6B-3F For 424 Canterberry Lane PIN: 06-36-200-015 Page 2 of 9 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 January 22, 2014, recommended approval of the Variations subject to certain conditions; and WHEREAS, the President and Board of Trustees have reviewed the recommendations of the ZBA and 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. Grant of Variations. Pursuant to the standards set forth in Section 13-14-6D of the Zoning Regulations, and subject to and contingent on the conditions set forth in Section 3 of this Ordinance, the Petitioners are hereby granted the following variations to allow for the construction of a New Residence as follows: A. A variation from Section 13-6B-3D of the Zoning Regulations to allow an increase in structure height for two architectural features to be approximately forty-three feet six inches (43'6") and forty-two feet six inches (42'6") in height, respectively; the variation granted pursuant to this Subsection 2.A shall only apply to two architectural features in the final plans submitted and shall not apply to any other portion of the roofline of the New Residence or any other structure constructed on the Property; and B. A variation from Section 13-6B-3F of the Zoning Regulations to allow: 1. The Front Yard Setback along Canterberry Lane to be reduced to twenty-eight feet six inches (28'6"); and 2. The Rear Yard Setback to be reduced to approximately eighteen feet (18') for an approximately sixteen-foot (16') wide span to allow for the construction of a porte cochere; and 3. The Rear Yard Setback to be reduced to approximately thirty-one feet five inches (31'5") for the remainder of Property other than that portion of the Property varied by Subsection 2.B.2 of this Ordinance. 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 New Residence shall be constructed in substantial conformance with the plans dated December 29, 2013, attached hereto and incorporated herein as Exhibit B, or any plans subsequently submitted and approved by the Director of Community Development, which plans shall not be approved by the Director of Community Development unless such plans comply with the Zoning Regulations and all of the provisions contained in the "Village Code of the Village of Oak Brook, Illinois," as amended ("Village Code"), that are in effect on the date Petitioners submit such plans to the Village, except as specifically varied or waived by this, or subsequent Ordinances; and B. Compliance with Zoning Regulations and Village Code. The Petitioners shall comply with the Zoning Regulations and all of the provisions contained in the Village Code that are in effect Ordinance 2014-ZO-V-EX-S-1395 Granting a Variation from the Provisions of Sections 13-6B-3D and 13-6B-3F For 424 Canterberry Lane PIN: 06-36-200-015 Page 3of9 on the date that the Petitioners submit their building permit application to the Village except as specifically varied or waived by this, or subsequent, Ordinances; and C. Compliance with Applicable Law. In addition to the other specific requirements of this Ordinance, the Property, the New Residence, 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 Petitioners 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 Petitioners and any and all of the Petitioners' 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. Severability. 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: 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 Petitioners with the Village Clerk, for recording in the Office of the DuPage County Recorder of Deeds, of an 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 Petitioners. 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 Petitioners do 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 of Trustees will have the right, in their sole discretion, to declare this Ordinance null and void and of no force or effect. [SIGNATURE PAGE FOLLOWS] Ordinance 2014-ZO-V-EX-S-1395 Granting a Variation from the Provisions of Sections 13-6B-3D and 13-6B-3F For 424 Canterberry Lane PIN: 06-36-200-015 Page 4 of 9 APPROVED THIS 11th day of February, 2014. 7' Gopal G. Lalmalani Village President PASSED THIS 11th day of February, 2014. Ayes: Trustees Manzo, Moy, Wolin, Yusuf Nays: None Absent: Trustees Adler, Raar ATTEST: Al Charlotte K. Pruss Village Clerk Ordinance 2014-ZO-V-EX-S-1395 Granting a Variation from the Provisions of Sections 13-6B-3D and 13-6B-3F For 424 Canterberry Lane PIN: 06-36-200-015 Page 5 of 9 EXHIBIT A LEGAL DESCRIPTION Property: The subject property is located at 424 Canterberry Lane in Oak Brook, Illinois and the legal description is as follows: THE WEST 165.00 FEET OF THE SOUTH 176.00 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPT THAT PART TAKEN FOR ROADWAY RIGHT OF WAY PURPOSES), IN DUPAGE COUNTY, ILLINOIS PERMANENT INDEX NUMBER: 06-36-200-015 Ordinance 2014-ZO-V-EX-S-1395 Granting a Variation from the Provisions of Sections 13-6B-3D and 13-6B-3F For 424 Canterberry Lane PIN: 06-36-200-015 Page 6 of 9 Exhibit B Site Plan 40'-0'CORNER LOT 18'-0'SIDE N. SIDE YARD SEIRECK YARD SETBACK s A / / 10'-0' 16'-0" 48'-0' / / A F---- . . _ . . I _ ^_ _ Rear Yard ‘--_ 12 n 18'sidelard setback_ \ 7* _ _ I a$' I W L , I I L CURREPR SETBACK ry a " -n 1 S4i),' e44 Tr€.`Imo:, = 40'-0°(APPROX.) ��c..'�� t rl i1 i I i �pI Peox q AA399 AAA �� e513AAAAA7A�;� �• � r0 � � T�— 1 60'rear yard setback _ . . .— Ii1". >I ikt 1. I EI L2J I Front Yard Setback x I 8., x^ J ,� °gar •______IF 132' _ "LL _Is "R Front Yard Canterberry Lane NOTE ALL SETBACK DIMENSIONS TAKEN TO ROOF OVERHANG !=i El F I- = "NOAd-e HeGHT .pia w�rana ACRE r 1 ry _S uu .4 � ��1�in L t ®■..:� ��r�llr:i4I'II I�.II 1 I L t I I _J I kJ I Exhibit E Variance Plan/Elevation 1"=20' 12-29-2013 0 0 ■ Elgaq Residence JOSEPH BURNELL - ARCHITECT 424 Canterberny Lan: ■ BROOKFIELD, ILLINOIS Oakbrook,Illinois ■ n • • B. Approval of Payroll for Pay Period Ending February 1, 2014 - $671,035.27 C. Community Development Referrals—NONE D. Authorization to Seek Bids or Proposals or Negotiate Contracts: 1) 2014 Crack Sealing Project 2) 2014 Water Main Replacement Project (Mostly Parts of York Woods Subdivision) Bradford Lane, Dover Drive, Windsor Drive (South Sheffield Lane going southwesterly to York Road) Harger Road (Spring Road going east to first commercial entrances) F. Ordinances &Resolutions 1) RESOLUTION 2014-TX-MFT-IDOT-R-1331, Resolution for Local Agency Agreement for Federal Participation — Commerce Drive Sidewalk Installation and Street Resurfacing 2) RESOLUTION 2014-TX-MFT-R-1332, Resolution for Improvement By Municipality Under the Illinois Highway Code - Commerce Drive TCM Project - Motor Fuel Tax 3) ORDINANCE 2014-ZO-V-EX-S-1395, An Ordinance Granting Variations from the Provisions of Section 13-613-31) and 13-613-317 of Title 13 ("Zoning Regulations") of the Village Code of the Village of Oak Brook Relative to the Required Structure Height and Front and Rear Yard Setbacks for the Property at 424 Canterberry Lane in the Village of Oak Brook, Illinois 4) RESOLUTION 2014-IDOT-ENHANCE-AG-R-1333, A Resolution Approving A Local Agency Agreement With IDOT For Enhancements To 22nd Street Between Salt Creek And Interstate 294 5) RESOLUTION 2014-SC-AG-EX-R-1330, A Resolution Approving and Authorizing the Execution of an Agreement By and Between the Village of Oak Brook and Eclipse Select Soccer Club, Inc. to Allow the use of a Sports Core Soccer Field 6) RESOLUTION 2014-TASTE-AG-R-1327, A Resolution Approving the Waiver of Competitive Bidding and Authorizing .the Execution of an Agreement By and Between the Village of Oak Brook and Ravenswood Event Services to Provide Event Planning Services for the Taste of Oak Brook 2014 Motion by Trustee Wolin, seconded by Trustee Manzo to approve the Consent Agenda and authorize expenditures as presented or amended. ROLL CALL VOTE: Ayes: 4—Trustees Manzo, Moy, Wolin, and Yusuf Nays: 0—None Abstain: 0—None Absent: 2—Trustees Adler and Baar Motion carried VILLAGE OF OAK BROOK MINUTES Page 3 of 7 REGULAR MEETING OF FEBRUARY 11,2014 General Policy for the Oak Brook Public Library Motion by Trustee Adler, seconded by Trustee Manzo to approve the Consent Agenda and authorize expenditures as presented or amended. ROLL CALL VOTE: Ayes: 4—Trustees Adler,Manzo, Moy, and Yusuf Nays: 0—None Abstain: 0—None Absent: 2—Trustees Baar and Wolin Motion carried 7. ITEMS REMOVED FROM THE CONSENT AGENDA 1)Item 6.13.2. York/22°d Street Monument Sign Public Works Director Hullihan gave a brief history of the York/22"d Street Monument Sign Project that was originally proposed in 2008. He also discussed the visual features of the monument sign and other locations in the Village where signs will be proposed. Trustee Adler requested that this item be deferred until the Board has an opportunity to review the monument sign renderings. Motion by Trustee Adler, seconded by Trustee Manzo to defer Item 6.D,2. until the next Board meeting. VOICE VOTE: Motion carried. 8 ARD& COMMISSION RECOMMENDATIONS Elqaq—424 Canterberry Lane—Variation Mr. Joseph Bernell,the Architect for the Elqaq family,and Mr. Ehab Elqaq were available to answer any questions. Trustee Yusuf stated the home is beautiful and welcomed the Elqaq family to Oak Brook. Motion by Trustee Moy, seconded by Trustee Adler to concur with the recommendation fiom the Zoning Board of Appeals on a request from Ehab and Nour Elqaq, the owners of the property at 424 Canterberry Lane for variations to the required front yard along Canterberry Lane; the required rear yard and for structure height to accommodate two architectural features in order to construct a new single-family home 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" and, 3. Adoption of an ordinance necessary to grant the requested special use, which VILLAGE OF OAK BROOK MINUTES Page 4 of 8 REGULAR MEETING OF JANUARY 28, 2014 ordinance the Village Attorney shall by this motion be directed to prepare for consideration at the February 11, 2014 Board of Trustees meeting. VOICE VOTE: Motion carried. 9. UNFINISHED BUSINESS A. 2014 Budget—New Positions Trustees briefly discussed the recommended staffing requests made by the various departments. Motion by Trustee Manzo, seconded by Trustee Moy to approve all recommended positions as presented by staff. ROLL CALL VOTE: Ayes: 4—Trustees Adler, Manzo,Moy, and Yusuf Nays: 0—None Abstain: 0---None Absent: 2—Trustees Baar and Wolin Motion carried 10. ACTIVE BUSINESS A. Confirmation of Appointments—NONE B. Ordinance&Resolutions 1) Resolution 2014-PD-PG-R-1328, A Resolution Approving the Waiver of Competitive Bidding and Authorizing the Purchase of In-Car Computer Equipment Motion by Trustee Yusuf, seconded by Trustee Manzo that the Village Board waive further bidding since the State of Illinois conducted the bid process and issue a purchase order to CDS Office Technologies, Itasca, Illinois for the purchase of ten (10) ruggedized computers, ROLL CALL VOTE: Ayes: 4—Trustees Adler,Manzo, Moy, and Yusuf Nays: 0—None Abstain: 0—None Absent: 2---Trustees Baar and Wolin Motion carried C. Polo Update President Lalmalani thanked the Polo Committee and Trustee Adler for their hard work and dedication to Polo. Mort Westman, Polo Committee Chair, gave a brief update on planning for the 2014 polo season and the goal of insuring financial success for the upcoming season. He stated that a VILLAGE OF OAK BROOK MINUTES Page 5 of 8 REGULAR MEETING OF JANUARY 28, 2014 ELQAa—424 CANTEREERRY LANE Variations— To Allow Construction of a Residential Home INDEX PAGE CONTENTS 16-16.a Memorandum from Director of Community Development Kallien -Village Board Agenda— January 28, 2014 15-15.a Zoning Board of Appeals Recommendation Letter dated January 22, 2014 14-14-c. Zoning Board of Appeals Meeting Minutes dated January 15, 2014 13-13.a Staff Report—Additional Information dated January 2, 2014 12 Revised- Exhibit E—Variation Plan/Elevation dated 12-29-2013-(Included—Not Attached) 11-11.a Revised Requested Variations and Code Sections 10 Map of York Road Properties Existing Setbacks(south of Oak Brook Road/31St Street)-(Included—Not Attached) 9 Spreadsheet of York Road Properties Existing ROW(right of way)and Pavement Edge Setbacks (South of Oak Brook Road/31St Street) 8-8.g Zoning Board of Appeals Meeting Minutes dated December 3, 2013 7-7.d Staff Report from Director of Community Development Kallien—dated November 26, 2013 6 Aerial View of Site 5 Resident Letter dated February 13, 2013 4 Certificate of Publication dated February 13, 2013 3 Board of Trustees Meeting Minutes dated February 12, 2013 2 Referral Memo—Board of Trustees Agenda dated February 12, 2013 1 Zoning Regulations—R-2 Lot Area Requirements—Section 13-6B-3D and 13-613-F—Structure Height and Yards A Petition Application A.1 Requested Variations and Gee S t —Superseded see page 11 B-B.1 Letter of Explanation C-C.2 Variation Standards D Fee/Receipt for Variation E-E.1 Letters of Support from Neighbors F Certification of Surrounding Property Owners G Surrounding Property Owners List H Subject Property Verification and Legal Description I Exhibit B—Existing Conditions dated November 15, 2013 (Included—Not Attached) J Exhibit C—Proposed Site Plan (Included—Not Attached) K Exhibit D—Lot Area Comparison Plan (Included—Not Attached) L —Superseded—See Page 12 M Exhibit F—Proximity Plan (Included—Not Attached) N Exhibit G—Conceptual North Elevation (Included—Not Attached) O Exhibit H—Conceptual East Elevation (Included—Not Attached) P Exhibit J—Conceptual South Elevation (Included—Not Attached) Q Exhibit K—Conceptual West Elevation (Included—Not Attached) R Plat of Survey(Not Included—Key Files Only) OF AA PG Q9 0 0 v v, AGENDA ITEM Regular Board of Trustees Meeting of January 28,2014 SUBJECT: Elqaq—424 Canterberry Lane—Variations FROM: Robert L. Kallien,Jr., AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to concur with the recommendation from the Zoning Board of Appeals on a request from Ehab and Nour Elqaq, the owners of the property at 424 Canterberry Lane for variations to the required front yard along Canterberry Lane; the required rear yard and for structure height to accommodate two architectural features in order to construct a new single-family home 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" and, 3. Adoption of an ordinance necessary to grant the requested special use, which ordinance the Village Attorney shall by this motion be directed to prepare for consideration at the February 11,2014 Board of Trustees meeting. Background/History: At its meetings on December 3, 2013 and January 15, 2014, the Zoning Board of Appeals held the required public hearing and completed its deliberations on a petition from Ehab and Nour Elqaq, the new owners of the property at 424 Canterberry Lane seeking approval of variations to Sections 13-6B- 3D (structure height) and 13-6B-3F (required yards) of the Zoning Ordinance in order to permit the construction of a new single-family home. The existing home and detached garage located on the property will be demolished. The subject property encompasses 18,876 square feet or approximately .43 acres which is far less than the one acre minimum (43,560 square feet) lot size required in the R-2 District. When compared to all of the other parcels which abut York Road, south of 31St Street, the subject property is the smallest in size. BOT-Rec-Elqaq-424Canterberry-VAR-Jan2014.doc Page 1. /�` The following variations are being requested: 1. Front Yard(along Canterberry Lane)—required 40-foot front yard. • Approximately 28.5 feet which is consistent with current setback of the existing home on the property. 2. Rear Yard—required 60-foot rear yard. • Approximately 18 feet (for a width of 16 feet) to accommodate the porte cochere and to approximately 31 feet for remainder of the single-family home. 3. Structure Height—maximum building height is 40 feet. • Approximately 43' 6" and 42'6" to accommodate two architectural features. With the exception of the two architectural features the main roof line of the house will comply with the structure height requirements for the R-2 District. Recommendations By a vote of 4 to 1, the Zoning Board of Appeals found that the applicant had satisfied the requirements and standards for the requested variations and recommends approval of the request subject to meeting 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." I BOT-Rec-Elqaq-424Canterberry-VAR-Jan2014.doc Page 2. vE OF 04.,r • • P Bq 6 �A January 22, 2014 O y 9C�'70UNTI • Village President and Board of Trustees Village of Oak Brook Village of 1200 Oak Brook Road Oak Brook Oak Brook, IL 60523 1200 Oak Brook Road Oak Brook,IL 60523-2255 Subject: Elqaq—424 Canterberry Lane—Variations Website www.oak-brook.org Dear Village President and Board of Trustees: Administration 630.368.5000 Backl4round FAX 630.368.5045 At its meetings on December 3, 2013 and January 15, 2014, the Community Zoning Board of Appeals held the required public hearing and Development completed its deliberations on a petition from Ehab and Nour 630.368.5101 FAX 630.368.5128 Elqaq, the new owners of the property at 424 Canterberry Lane seeking approval of variations to Sections 13-6B-3D (structure Engineering height) and 13-6B-3F (required yards) of the Zoning Ordinance in Department order to permit the construction of a new single-family home. The 630.368.5130 8.51 existing home and detached garage located on the property will be FAX 630.368.5128 g g g P P Y demolished. Fire Department 630.368.5200 FAX 630.368.5251 Because the significance of several of the variations and concerns raised by the Zoning Board, the applicant submitted revised plans Police Department for the new home that significantly decreased both the number and 630.368.8700 scale of the variations that were originally requested. FAX 630.368.8739 Public Works The following compares the original variation requests with the Department modified plans: 630.368.5270 FAX 630.368.5295 1. Front Yard (along Canterberry Lane) — required 40-foot . Oak Brook front yard. Public Library • Original request: approximately 18 feet. • Revised request: approximately 28.5 feet which is 600 Oak Brook Road consistent with current setback of the existing home on Oak Brook,IL 60523-2200 the property. 630.368.7700 FAX 630.368.7704 2. Side Yard Abutting a Street (along York Road) — required Oak Brook Sports Core 40-foot side yard. ' • Original request: approximately 25 feet. Bath&Tennis Club . Revised to 40 feet, a variation is no longer requested. 700 Oak Brook Road Oak Brook,IL 60523-4600 630.368.6420 3. Rear Yard—required 60-foot rear yard. FAX 630.368.6439 . Original request: approximately 5 feet to accommodate a proposed porte cochere and to approximately 25 feet Golf club f d i or the remainder of the sin le- amil 2606 York Road f g Y home. Oak Brook,IL 60523-4602 630.368.6400 FAX 630.368.6419 ls� January 22,2014 Village President and Board of Trustees RE: Elqaq—424 Canterberry—Variations Page 2 • Revised request: approximately 18,feet (for a.width of approximately 16 feet) for the porte cochere and to approximately 31 feet for the remainder of the single- family home. 4. Structure Height—maximum building height is 40 feet. • Original request: approximately 43' 6" and 42'6" to accommodate two architectural features. With the exception of the two architectural features.the main roof line of the house will comply with code requirements. • Revised request: no change from original request. Public Comment All interested parties were notified of the public meeting. Ms. Olunark, the neighboring property owner at 416 Canterberry Lane commented on the requested variations and did not object. Recommendations By'a vote of 4 to 11 the Zoning Board foun. at the applicant liad .satisfied the. requirements. and standards for the: requested: `.. variations and- recommends approval of the request subject to meeting the following conditions: 1. The proposed, development shall . be ::constructed .'in. substantial.confofmance to the approved plans as revised: and'.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." 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: Al Savino Acting Chairman Zoning Board of Appeals ZBAChairletter=Elgaq-424 Canterberry=VAR-Jan2014,doc: DRAFTMEETING MINUTES OF THE JANUARY 15, 2014 REGULAR OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN OR AMENDED ON_, 2014 1. CALL TO ORDER: CALL TO ORDER The Meeting of the Zoning oard of Appeals was called to order b Actin g pp Y g Chairman Alfred Savino in the Samuel E. Dean Board Room of the Butler Government Center at 7:02 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Members Jeffrey Bulin,Natalie Cappetta, Steven Young, Wayne Ziemer and Acting Chairman Alfred Savino ABSENT: Member Baker Nimry and Chairman Champ Davis IN ATTENDANCE: Mark Moy, Trustee and Robert Kallien, Jr., Director of Community Development 3. APPROVAL OF MINUTES: MINUTES Motion by Member Young, seconded by Member Ziemer to approve the minutes of the December 3, 2013 Regular Zoning Board of Appeals meeting as written. VOICE VOTE: Motion carried. UNFINISHED BUSINESS UNFINISHED 4. D BUSINESS OA. ELQAQ — 424 CANTERBERRY LANE — VARIATIONS TO ELQAQ - 424 CANTERBERRY - SETBACKS AND STRUCTURE HEIGHT — TO ALLOW vARIATIONS TO CONSTRUCTION OF A SINGLE FAMILY RESIDENCE SETBACKS AND STRUCTURE HT Acting Chairman Alfred Savino announced the public hearing and reviewed the request. He noted that all witnesses were sworn in at the last meeting. Joe Burnell, architect reviewed the history of the request. The original residence was approximately 6500 square feet. Although it is a .65 acre site in general, discounting the easements it is less than .5 acre. The property is surrounded by many lots that are 1 acre and more in size. He reviewed the original variances requested. They tried to address the issues raised by the Zoning Board at the last meeting. They moved the house further to the east, where they were trying to provide distance from the neighbor to the east by keeping the house an extra VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1 of 6 January 15,2014 four feet away. They did move the house as suggested by one of the members to take advantage of the four-feet available and will still maintain the required side yard setback of 18 feet. He noted that Member Cappetta was concerned with the amount of driveway along York Road, so they removed it and now have a visitor's drive in the front and a drive v to access the garage off York Road. He added th g g e Member Bulin was concerned about removal of the trees facin g York and they are trying to maintain as many trees as possible. They were originally seeking the following relief: • a reduction of the front yard setback from 40 feet to 18 feet, • a reduction of the corner size yard setback from 40 feet to 25 feet. • They were seeking a reduction in the rear yard from 60 feet to a 5 foot setback for the porte cochere, an open area attached to the house and 25 foot setback for the attached garage. • They were also seeking a variance for an additional 2-2.5 feet for two architectural features from the maximum 40 feet allowed to the structure height for properties that are up to an acre. The plan has been revised and the house has been They p reduced by about 1000 square feet and the relief they were now seeking was: • a reduction of the front yard setback (Canterberry) from 40 feet to 28.5 feet, by pushing the house back to maintain the setback for the existing house, which seemed to be acceptable by the board along Canterberry • a reduction of the corner size yard setback (York) from 40 feet and will maintain the 40 foot setback and will no longer request that variation. • They were seeking a reduction in the rear yard from 60 feet to an 18 foot setback for the porte cochere, which has been reduced in size (it is an open area attached to the house) a 31 foot setback for the attached garage. They used the side yard setback of 18 feet as suggested by the board. • They did not change the request for the height variance for an additional 2-2.5 feet for two architectural features from the maximum 40 feet allowed to the structure height for properties that are up to an acre. They felt like that had come a long way to meet the board's request. They have eliminated one variance and reduced the other two. They have reduced the overall size of the house, which is opposite the current housing trend. A lot of the houses in the surrounding area are much larger. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 6 January 15, 2014 141.4 ... .... ... ... . ..... Acting Chairman Savino noted that they had addressed a lot of the issues and reduced the size of the house from 6500 to 5500 square feet. He complimented him on trying to address the boards concerns and believe the house has a lovely design. His only issue was the height and asked what unique difficulty they had with the height. Mr. Burnell responded that this property was the only substandard lot in the immediate area and all of the surrounding houses are all allowed to build to a height of 45 feet making this the only lot that would not be able to, which is the unique condition of this particular lot. The y believed that the character of the house is better with the current height and slopes of the roof; and makes it a nicer quality showpiece for York Road. Member Ziemer noted that based on all of the other homes in the area the height as requested actually keeps in the character and context with the rest of the neighborhood. Member Bulin noted that the bulk of the ridgeline for the house was under 40 feet. Mr. Burnell agreed and added that the bulk of the roof area in general, including the detail on top would be under 40 feet. Director of Community Development Kallien said that the applicant had gone to great lengths to make the revised home fit a very small substandard lot that in today's world the Village would not create. If the house had two chimneys and were located where the pinnacles would be, it would be allowed by right. In essence they are nothing more than architectural ornamental features. The ridgeline of the house is under the maximum permitted in the R-2 district. It is not substantial and does not establish a precedent, since it is a substandard lot. Member Cappetta noted that they did a great job in addressing the Board's issues, but she still had an issue that the rear yard reduction was almost 30 feet. She understood that it was a substandard lot, but that it requires a much smaller house. She said that a 5500 square foot house is too large for the lot. She had difficulty with it. Mr. Burnell noted that years from now when they try to sell the property the price would not be there anymore. He tried to show that they were much closer to the neighbor to the east and they are allowed to 18 feet. In the rear yard there would be 60-80 feet to the neighbor next door when they build. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 6 January 15, 2014 . I ... ..._ .... ... .... ... • Member Ziemer said that there are two front yards facing Canterberry and York Road and given that the rear yard is not abutting the neighbors due to the driveway and it is a unique circumstance, and noted he would be okay with it. Member Bulin noted that there would still be 60 feet between the neighbors given the driveway and their setbacks. It is an unusual circumstance. Mr. Burnell noted that they showed the plans to the neighbors and had gotten their support generally. No one in the audience spoke in support of or in opposition to the request. The members agreed to one motion that included all the variations requested, because if one failed,they would not be able to build the house as proposed. The Standards were addressed on page C-C.2 of the case file. Motion by Member Ziemer, seconded by Member Bulin that the applicant had satisfied the requirements for a special use for an outdoor dining area and to recommend approval of the request subject to meeting the following conditions: 1. Front Yard (along Canterberry Lane)—reduce the required 40-foot front yard to approximately 28.5 feet. 2. Rear Yard — reduce the required 60-foot rear yard to approximately 18 feet to accommodate a proposed Porte cochere and to approximately 31 feet for the remainder of the single-family home. 3. Structure Height — increase the maximum building height from 40 feet to approximately 43' 6" and 42'6" to accommodate two architectural features. With the exception of the two architectural features the main roof line of the house will comply with the code requirements. 4. The proposed development shall be constructed in substantial conformance to the approved plans as submitted. 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 VOTE Ayes: 4—Members Bulin, Young, Ziemer and Acting Chairman Savino Nays: 1 —Member Cappetta Absent: 2—Chairman Davis and Member Nimry. Motion carried. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 6 January 15, 2014 Gt OF UAk 49 • •. 4 e A O y G � AUNTY Date: January 2, 2014 Village of Oak Brook To: Zoning Board of Appeals 1200 Oak Brook Road Oak Brook,IL 60523-2255 From: Robert L. Kallien Jr., Community Development Director Website www.oalc-brook.org Subject: Elqaq—424 Canterberry—Variations—Follow-up Administration 630.368.5000 FAX 630.368.5045 Overview At the December meeting, the Zoning Board of Appeals opened the public hearing Community and initiated its review on a petition from Ehab and Nour Elqaq, the new owners of Development the property at 424 Canterberry Lane seeking approval of variations to Sections 13- 630.368.5101 FAX 630.368.5128 6B-3D (structure height) and 13-6B-3F (required yards) of the Zoning Ordinance in order to permit the construction of a new single-family home. The existing home Engineering and detached garage located on the property will be demolished. Department 630.368.5130 FAX 6_3 30.368.5 The Zoning Board was sympathetic to the nonconforming lot; however a number of concerns were raised with regards to the size/scope of the variations that were Fire Department being requested. Accordingly, the case was continued to the January meeting with 630.3 .368.50 the hoe that the applicant could modify the proposed plans for the new home to FAX 630.368.5251 p pp �' p p. p address Zoning Boards concerns. , Police Department 630.368.8700 Additional Staff Analysis FAX 630.368.8739 As was discussed at the December meeting, Staff has prepared an analysis of Public works existing conditions for all of the properties with a structure that abut York Road Department south of 31St Street (see pages 9 and 10 of the case file). This information was 630.368.5270 obtained from the Village's GIS and depicts two dimensions for each of the FAX 630.368.5295 properties: Oak Brook • (in blue) — Existing distance from the structure to the York Road right-of- Public Library way. 600 Oak Brook Road (in red) — Existing distance from the structure to edge of pavement along Oak Brook,IL 60523-2200 York Road. 630.368.7700 FAX 630.368.7 704 From the analysis that was done, the lot at 424 Canterberry appears to be smallest Oak Brook sports Core lot in size when compared to all other lots which abut York Road south of 31St Street. Bath&Tennis Club 700 Oak Brook Road proposed Changes Oak Brook, 60523-4600 630.36 8.64 20 The applicant has submitted revised plans and variations requested (see page 12 FAX 630.368.6439 and 11 of the case file) for the proposed new home that significantly decrease a number of the variations that were originally requested. Golf Club 2606 York Road. Oak Brook,1L 60523-4602 630.368.6400 FAX 630.368.6419 The following compares the original variation requests with the modified plans: •. Front Yard(along Canterberry Lane)-required 40-foot front yard. Original request: approximately 18 feet. Revised request: approximately 28.5. feet which is consistent with current setback of the existing home on the.property: • Side Yard Abutting a Street(along York Road)—required 40-foot side yard. Original request: approximately 25 feet. Revised request: 40 feet„variation is no longer requested. • Rear Yard—required 60-foot rear yard. Original request: approximately 5 feet to accommodate a proposed porte cochere and to approximately 25 feet for the remainder of the single-family home. Revised request: approximately 18 feet (for a width of 16 feet) for the porte cochere and to approximately 31 feet for remainder of the single-family home. • Structure Height.—maximum building'height is 40 feet. Original request: :approximately 43' 6” and 42'6" to accommodate two architectural features. With the exception of the two architectural features. the main roof line'of the house will comply with the code requirements. Revised request:.no change frdrii original request. Staff.Analysis/Comments In the revised plan, the applicant has addressed many of the issues'and concerns raised by the Zoning Board. Of the four variations requested, 'one has been eliminated altogether (York Road setback),two have been substantially decreased in scope and one (building height)has remained the same. a i� li FRED BUCHOLZ DUPAGE COUNTY RECORDER JUN.27,2014 9:06 AM OTHER 06-36-200-015 013 PAGES R2014-055422 (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 2014-ZO-V-EX-S-1395 AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF SECTION 13-613.3D AND 13-6113-31E OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE OF OAK BROOK RELATIVE TO THE REQUIRED STRUCTURE HEIGHT AND FRONT AND REAR YARD SETBACKS FOR THE PROPERTY LOCATED AT 424 CANTERBERRY LANE IN THE VILLAGE OF OAK BROOK ILLINOIS Property Address/es 424 Canterberry Lane Oak Brook. Illinois 60523 If vacant land, so state and list nearest cross streets) PIN No(s). 06-36-200-015 Name and Address of Applicant: Ehab and Nour Elgag 1245 Newberry Avenue LaGrange Park IL 60526 Name and Address of Responsible: Same Party to Receive Copy of Recorded Document and Billing 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 N/A of Consideration (when applicable): G/L Account to be charged: 1 g 11• 9'� Q 414 406 324 314 420 ` --OAK BRooK RD 6 \ _.. _.__..___ '. 131• 2 . \ --------- – 321 " 41 405 3 411 - ._.- _-CZ . .YORK _LAKE o a .22' 45 0 143' [ n "s � ( 165"i L� o� 11T ..,...150' 3502 70' �y .O 146 �Q 128' _ _a i 0 2-, _ 93' 128' / 1\ 11T l i f III '1 156' J H i ro^'69• ! 320 - �' ! 90. 68' 64 91' 35' O ' 86 N v 61 s °2. 36p8 2g, 111. 2'4 6 6 66' n 154• 33 91" 135' i � � � 1 3 ! C] a O 5 7 O i g ' ••• • 73 108 - • ao a 119• 416 406 318 424 181 H 3 t"��.—�_ ► rANTEP.3ERRY LN 409 405 401 321 � WENNES CT f:3 ❑p a 80 � l.•.� � f a P h � 68• n P 861„ i 53' '�.'. 55' P 1T �I R 24 P 133 �'' 397' P 414' P 9r � i 5g g1 -0 41' M �0 —► \ O ............ O H 131' 2 4 m '...� _ ...,.. _ .......................................... � YQftK .LAKE 0 \ N "s 117' O 150' ............ .................. '..---------- .22 Village of Oak Brook Map Legend ° so °° 2 00 soo 400 500 Feet /lN� }LP+ Municipal Boundary � Road LITAT�OF LAITY The e'thMltwrNaNWm;akkn*wKIhmme City Mtlftonce 10 South York Rd. p ry mM chm' e.s ere�"�Of"may m��eny m meeem or canMesbn.The Cly scmaacy of this ar•cte and•s eswdakd data tables and esaanes no meporw"t"for tlteY Parcel --► ROW Setback position orconteramemmy. 10 Building Setback Analysis pvapplc.aws•aes•kcnyw,keeeoeCAym es no are we,n.rOn Oerekpmenl,a ma:•snerrce d ary app•ce6oas derived learn•is erode.The City asaurwa no rea6orri0Wy for•re Building —� Road Edge Setback �mof ,st itCeOi'a aM awscie C I 424 Canterberry Lane Requested variances from code: See Exhibit E for Dimensioned Drawinas Code Section: Front Yard Setback Article B. R2 Single-family detached residence district. 13-6b-3: Lot area requirements: Part F. 1. Front: Not less than 40' (Forty Feet) in depth. #1: : Reduce the required front yard setback(Canterberry Lane)from the required 40' (forty feet)to an approximate 28.5'(Twenty Eight and a Half Feet) setback. We have increased our requested front yard setback to 28.5'in order to match maintain the existing structure setback on the property. This was a request by the Council at the previous hearing. Code Section: Side Yard Abutting a Street Setback Article B. R2 Single-family detached residence district. I 13-6b-3: Lot area requirements: Part F. 2. a. A side yard abutting a street shall not be less than 40' (Forty Feet) in depth. ReduGe the Fequired side yard abutting a stFeet r,,etbaGk (YoFk Read)fFGM the FeqUiFed 40' (feFty feel) to an appFGX4rAat- 265' (Twenty Five Feet t . I We have eliminated this variance request by redesigning the house to allow for this setback requirement to be maintained. i We have also maintained the 18'side yard setback at an interior lot line of so we are not overwhelming the neighbor to the east. Code Section: Rear Yard Setback Article B. R2 Single-family detached residence district. 13-6b-3: Lot area requirements: Part F. 3. Rear: Not less than 60' (Sixty Feet) in depth. Reduce the require rear yard setback from the required 60' (Sixty Feet) to an approximate 31'(Thirty One Feet) a@ garage and a 18'(Eighteen Feet)setback at the porte cochere for a 16'width. We have increased our requested rear yard setback to 18'and 31'respectively. This was due to the suggestion by the council that we consider using the side yard setback at an interior lot line standard as this condition could be considered a side yard and not a back yard. I I/� 1 � ' Code section: Structure Height on Property Less Than 1 Acre Article B. R2 Single-family detached residence district. 13-6b-3: Lot area requirements Part D. Structure height: 1. Residential Uses 40' (Forty Feet) for lots less than one acre The predominant roofline will be lower than the 40' height requirement for a property of less than 1 acre. The variance request is for two architectural features which extend above the height limitation by approximately 3'-6"and 2'-6". This will provide for a total height of 43'-6" and 42'-6" respectively. This variance request remains the same as previously requested. Code section: Article B. R2 Single-family detached residence district. 13-6b-3: Lot area requirements: Part D. Structure height: 1. Residential Uses: Not more than forty five feet(45') for lots acre or larger and forty feet (40')for lots less than one acre t r C I i i 3103 York Rd. 22 ft, 45 ft. 3109 York Rd, 143 ft. 165 ft. 3119 York Rd. 70 ft.. 96 ft. 3123 York Rd. 93 ft, 128 ft. 3203 York Rd. 69 ft. 90 ft. 3207 York Rd. 68 ft. 91 ft. 3213 York Rd. 66 ft. 86 ft. 3212 York Rd, 135 ft. 154 ft. c 3222 York Rd, 161 ft. 181 ft. j 424 Canterberry Ln. (Proposed) 40ft. 73ft. I 3305 York Rd. 51 ft. 80 ft. E 3309 York Rd. 68 ft. 86 ft. E 3312 York Rd. 17 ft. 53 ft. 2 Robin Hood Ranch 92 ft. 133 ft. 3315 York Rd. 397 ft, 414 ft, 3321 York Rd. 131 ft. 150 ft. 3403 York Rd. 206 ft. 224 ft. 3408 York Rd. 43 ft. 59 ft. 3412 York Rd. 71 ft. 91 ft. 2 York Lake Ct. 104 ft. 137 ft. 1 York Lake Ct, 117 ft. 150 ft. 3516 York Rd. 128 ft. 146 ft. 1 Oak Ct. 117 ft. 156 ft. j 3600 York Rd. 35 ft. 64 ft, 3604 York Rd. 61 ft. 86 ft. j 2 Gateway Ln 102 ft. 111 ft. 3608 York Rd. 28 ft. 51 ft. 3610 York Rd. 9 ft. 33 ft. 1 Gateway Ln 108 ft. 119 ft. 1 Gateway Ln 105 ft. 117 ft. 3622 York Rd. 7 ft. 33 ft. 3702 York Rd. 24 ft, 55 ft, 3720 York Rd. 44 ft, 75 ft. 3800 York Rd. 12 ft. 41 ft. i i I i I I • � 9 1 NEW BUSINESS NEW BUSINESS CA,)ELQAQ — 424 CANTERBERRY LANE — VARIATIONS TO ELQAQ - 424 CANTERBERRY — SETBACKS AND STRUCTURE HEIGHT — TO ALLOW VARIATIONS To CONSTRUCTION OF A SINGLE FAMILY RESIDENCE SETBACKS AND STRUCTURE H1' t Chairman Davis announced the public hearing and reviewed the request. All witnesses were sworn in. All witness testifying were sworn in by Chairman Davis, Ehab Elqaq,owner of the property introduced his family. E Joe Burnell, architect thanked staff stating that they were fantastic, very organized and thorough. 4 The property is located along the northeast corner of York Road and Canterberry Lane and was deeded as a larger lot, 176 x 165 feet, which would have yielded an approximate 2/3 acre. However, the property line on the west is along the center line of Yolk Road and along the center line of Canterberry Lane, which necessitates a 33 foot easement along both roads and reduces the usable lot to 143 x 132 feet and results in a .43 acre lot size. The property is zoned R-2 and has significant setbacks since the properties in that district are typically 1 acre minimum. The fi'ont yard setback is 40 feet, the side yard abutting the street is 40 feet,the interior side yard is 18 feet and the rear yard is 60 feet. When the setbacks are applied to the lot,the buildable area of the lot is 74 feet by 43 feet or approximately 3200 square feet, which is a significant reduction in the actual buildable area, for what they believed was a 2/3 acre lot. The existing house on the lot does not meet the current zoning requirements, which is setback about 28.5 feet from Canterberry Road. The existing detached garage actually encroaches approximately 2 feet over the north property line. An exhibit was provided showing the lot sizes of the properties in the area, which is surrounded by much larger properties that are 1 - 1.5 acre, which is keeping with the R-2 zoning. The current development trend surrounding the property has 4 houses under construction that are estimated to be 8-12,000 square feet, which are large structures. They are trying to build in-kind and to a scale with the property as well. The proposed structure is approximately 6500 square feet above grade. It is diminished somewhat from the trend, but is in- keeping with the property size and they have tried not to over build. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 10 December 3,2013 i i �j s They are seeking a reduction of the front yard setback from 40 feet to 18 feet, a reduction of the confer size yard setback from 40 feet to 25 feet. They are seeking a reduction in the rear yard from 60 feet to a 5 foot setback for the porte cochere, an open area attached to the house and 25 foot setback for the attached garage. They are also seeking a variance for an additional 2-2.5 feet for two architectural features from the maximum 40 feet allowed to the structure height for properties that are up to an acre. They have attempted to stay a s far away from then i ghbors as possible. The neighbor's property to the east is the most impacted so they have maintained the required 18-foot setback so that it does not get overwhelmed by the structure. He reviewed the different elevations of the ro os ed structure and noted that p p the applicant was not developing it as a return on investment, but as the family dream house. If developed smaller, it would be difficult to sell otherwise in the future. They are not impairing sight lines or air movement. Mr. Burnell reviewed the standards,which were also submitted in writing. 1. a. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located. RESPONSE: Given the nature of the trend of the property as well as around the property, to develop a diminutive house would devalue the property. They have hied not to overdevelop the property and provide a more demure house so they are keeping in kind with the neighbors and surrounding community. 1. b. The plight of the owner is due to unique circumstances. RESPONSE: The buildable area of the lot is tiny. The surrounding neighboring properties are an acre or in excess of an acre and those properties are able to absorb the required setbacks. 1. c. The variation, if granted, will not alter the essential character of the locality. RESPONSE: It will not diminish the character of the community. They believe it is a beautiful French Provincial style house made with high quality materials with cast and natural stone products that will add to the character and is in-keeping with the other houses developed over the last few years. I i i VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 10 December 3,2013 i G `-0L_ 2. a. The particular physical surroundings, shape, or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out. i RESPONSE: The setbacks make it very difficult if not impossible to develop anything within the buildable area. i 2. b. The condition upon which the petition for variation is based would not be applicable generally to the other property within the same zoning classification. RESPONSE: All of the surrounding properties are an acre or in excess of an acre. This lot is less than a half-acre. 2. c. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. i RESPONSE: It will not be detrimental or injurious to the other properties in the neighborhood. They have tried to maintain the distance from the other neighboring properties and structures to maintain privacy, light and air flow. 2. d. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. RESPONSE: They will not impact any air or light to surrounding properties. 2. e. That the purpose of the variation is not based exclusively upon a desire to make more money out of the property. RESPONSE: The requested variances are not based on a desire to make more money out of the property. They plan to live in the house for many years. The only increase would be based on property value. They are excited about living in Oak Brook and having the children go to school in Oak Brook. 2. f. That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. RESPONSE: The lot location and size created this hardship. I VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 10 December 3,2013 I I �i Summarizing the request for the height variances, he said that it was in-keeping with the style of the house and provides a finial that adds an architectural feature to the house. Part of the roof line is above the 40 feet. Director of Community Development Kallien noted that spires/architectural point's/features on a house are not normally counted as part of the height. However, a portion of the cone exceeds the 40 foot height. Member Savino provided a sample of how the scope of the angles could be changed in order to meet the requirement. Mr. Burnell responded that part of the French Provincial style is the varying roof lines and if the angles are brought down (spread out lower) it becomes similar to the other roof angles and becomes less distinguishable. Member Savino understood the need for the variations to the length and width of the structure, but did not see it in regards to the height. The length and width were due to possible takings of land by the Village and County, but not the height of the structure. He also found the 5-foot setback for the poste cochere to be extreme. Mr. Burnell said that it was being sought for several reasons. There is a 20-foot easement on the property to the north, plus the existing 18-foot setback. The porte cochere helps to bring the scale of the house down so that the house does not appear to be blocky or stout. Mr. Savino agreed and thought it was a wonderful design. He did have a problem with a couple of the variations, the height and the 5-foot setback. He could not recall having such a narrow setback anywhere else. Director of Community Development referenced a house on Wood Road that requested setbacks for additions, which was an extreme case. Driving south down York Road at Luthin and Wennes there are three houses that are located approximately 15-20 feet from the street. As the older houses are replaced the question would be if there would be enough room to set them back or would they need to establish a new front yard. I i Member Savino noted that there was no way to know what would happen in the future. i I Member Bulin said that it would be good to know what the average setback was along York Road to Spring. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 10 December 3, 2013 i O • G. Director of Community Development Kallien said that he could provide that information. Over the years there were always issues along York Road, especially in the Fullersburg area south of 31st. The properties are zoned R-2 and should be R-3. Ten years ago there was a meeting with about 50 of the homeowners in the area and it was explained that very few met the R-2 minimum requirements and R-3 would allow for some greater usability without the need for a variance, but at that point they did not feel comfortable with the initiation of a zoning case. This lot and almost all of the lots in Robin Hood Ranch and along York near Luthin are undersized. The properties are remnants of the past with the way houses were built, 50, 60 70 years ago and they really do not conform. So you have a situation where someone wants to do something with their property and they want to do something that is similar to what is happening. The aerial photo shows some of the magnificent structures being built and it seems like that is the trend. The house directly to the south,received variations, and the house is very boxy, it is larger than the house proposed, but the lot is also larger, but it is set back farther from York. Member Bulin said that in Robin Hood Ranch they did not want the houses to be over built. He suggested that in previous requests they have given lots, two front and two side setbacks that would allow for greater usage of the lot. Director of Community Development Kallien said that some lots, depending upon its shape such as a triangle, a curve is created. Member Bulin noted that sometimes the lot dictates would the house should be j rather than the house dictating the lot. Mr. Burnell said that they tried to honor that and that the style of the house would be significantly changed by that. Member Cappetta noted that even if the lot was zoned R-3, or R-4, two of the requirements would not be met and would still need variations. She noted that it was a beautiful house,but it's a one acre house on a half acre parcel. Mr. Burnell noted that they did look at options; they tried to minimize the request as much as possible. I Director of Community Development Kallien noted that the original plan requested much more relief than presented and they modified it to something I I VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 6 of 10 December 3,2013 I lJ G� that was more reasonable. Member Bulin said that on a previous case, it was given 40-40-18-18, which significantly added to the buildable area. Many of the properties were deeded to the center line of the roads throughout old Oak Brook along Spring Road and it is something you have to live with when the property gets resurveyed. With new construction you need to deal with the current right-of-way, which is a fact of life. He said that the curb appeal may be different, but would be able to get the square footage desired. He did not see a problem with the height request, due to the desired pitches. His issue was the ground coverage and variance to three setbacks. Mr. Burnell said that they are trying to develop in kind, with other properties in the area. i Director of Community Development Kallien noted that R-2 allows for a 45 foot structure height, but there is a caveat for properties which are less than an acre are 40 feet. I Member Ziemer noted that he was sympathetic to the nonconforming lot for the existing zoning, but if you would apply what would be appropriate for an R-4 lot, which would reduce the front yard to 30 feet, it would still not be conforming. The same thing would apply to the side and rear yard. The area that is the buildable area is not utilized and everything proposed is outside the buildable area. He did not think they were trying to conform. Given it is a nonconforming lot; he would be more sympathetic if they tried to hold the existing nonconforming front yard on Canterberry, which is 28 feet. If they tried to keep that it would be the essence of what already exists for the character. He did not have an issue with the height. The main issue was the encroachment along York Road. All the new homes along York Road do not appear to violate that. The request is beyond the limits for the undersized lot. Mr. Burnell responded that he understood, but that the style of the house is what is in the region and what they were going for. If they put up a big blocky house, it would be a mirror image of across the street. s Director of Community Development Kallien offered to review the existing setbacks of the houses along York Road for the Zoning Board. Based on what seems to be reluctance by the board, he suggested that the applicant look at making some adjustments. He noted that due to the right of way the house is setback farther than 25 feet VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 7 of 10 December 3,2013 a '� from York. He suggested that the bay window that protrudes to the west may be able to be setback farther from York Road. Although they are being sensitive to the neighbor, to the east, they have a legal right to move the house four feet going east and would be within the allowed 18-foot setback. Member Cappetta asked if there was anything controlling impervious surface in the zoning ordinance. I Director of Community Development Kallien responded that we did not. He noted that in Westchester Park, the house that is known as the `castle' actually uses the maximum use of the lot. They used every inch of the area (R-3) and the only thing remaining is the setbacks. There are some subdivisions that j actually impose a maximum. Rosemary Okmark, 416 Canterberry Lane, located just east of the property said that they have been in the village for 50 years and are surrounded by the large homes that are being built. The proposed home is lovely and the homes throughout the village have become very large. They have seen all the construction north of their property,which is unbelievable including the heights of the homes,which are 45 feet; they had no idea the village was allowing that. She will not be in the area very long and the proposed home is very pretty and they are wonderful people. She feels the village would do the right thing. It is a large home, but if the Village would approve it, they would be okay with it. They have seen all the changes throughout the village, she does not like it, but that is progress. j I Member Young asked if she had seen the plan presented to the Zoning Board. She did see it and it looked very beautiful to them. They are very nice people and she would like to have them for neighbors. Member Young asked if they received a response from any of the other neighbors. Mr. Eqaq said that they did share it with Rose Okmark and some of the neighbors, which is why they pushed the house further west and they were trying to keep and preserve some of the large trees along the east of the property. They could push the house closer to the east, but out of respect to the neighbors they moved it toward York. He also showed it to BJ Bohne across the street (3305 York Road) and he helped to explain some of the public hearing process. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 8 of 10 December 3,2013 TV He said that they were attempting to come up with something that was similar to what was going on in the neighborhood and when they bought the land they saw all of the beautiful houses and wanted to bring character and some history and so they did not go with a modern style home. They worked with the neighbors and tried to accommodate the restrictions. Member Savino asked why this particular lot was chosen rather than looking for a bigger lot. Mr. Eqaq said that they wanted a nice house but not too big. They thought that the lot size was the right size; they also liked the area along York Road and it was also quiet. The minute they looked at this lot they liked it. Mr. Burnell noted that corner lots have a little more cache than an interior lot, which is nice to have a little more openness. Right across York Road it is wooded, which affected their decision as well. They also looked at lots in Burr Ridge as well as other communities and chose Oak Brook because they thought it was a fantastic place. Member Savino questioned the two different dimensions shown for the lot. Mr. Burnell said that it was marketed as a lot of 176 x 165 (feet), but there was not an understanding of the easements that were required until the property closed and they received the actual survey,unfortunately. Chairman Davis suggested that the matter be continued on the representation that Mr. KalIien would provide data and the applicant would have further discussions with the Village. Director of Community Development Kallien noted that previous adjustments had been made to the house once before and based on the discussion at the { hearing, additional modifications could be made. Motion by Member Savino, seconded by Member Young to continue the j hearing on the variations requested to the next regular meeting. VOICE VOTE: Motion carried. i j VILLAGE OF OAK BROOI{ Zoning Board of Appeals Minutes Page 9 of 10 December 3, 2013 ; 9 � VILLAGE OF OAK BROOK Zoning Board of Appeals STAFF REPORT DATE: November 26, 2013 CASE NOS: 2013-17-ZO-VAR DESCRIPTION: Variations — To Sections 13-6B-3.D and 13-6B-3.F to permit the construction of a new home. PETITIONERS: Ehab and Nour Elqaq 1245 Newberry Avenue LaGrange Park, IL 60526 ADDRESS: 424 Canterberry Lane LOT SIZE: 18,876 sq.ft./.43 acres 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. South: Same. East: Same. West: R-2 Single-Family Detached Residence District, vacant land owned by Christ Church. DISCUSSION: Ehab and Nour Elqaq ,the new owners of the property at 424 Canterberry Lane have submitted a petition seeking approval of variations to Sections 13-6B-3D (structure height) and 13-6B-3F (required yards) of the Zoning Ordinance in order to permit the construction of a new single- family home. The existing home and detached garage located on the property will be demolished. The specific relief being sought by the petitioners is described in the following: • Front Yard (along Canterberry Lane) — reduce the required 40-foot front yard to approximately 18 feet. • Side Yard Abutting a Street (along York Road) — reduce the required 40-foot side yard abutting a street to approximately 25 feet. • Rear Yard — reduce the required 60-foot rear yard to approximately 5 feet to accommodate a proposed porte cochere and to approximately 25 feet for the remainder of the single-family home. STAFF REPORT—ELQAQ 424 CANTERBERRY LANE—VARIATIONS—YARDS AND STRUCTURE HEIGHT CASE No: 2013-17-ZO-VAR • Structure Height— increase the maximum building height from 40 feet to approximately 43' 6" and 42'6" to accommodate two architectural features. With the exception of the two architectural features the main roof line of the house will comply with the code requirements. Please see the case file for additional information regarding this request. Staff Comments: • The subject property encompasses 18,876 square feet or approximately .43 acres which is far less than the one acre minimum (43,560 square feet) lot size required in the R-2 District. • The existing home on the property is very small compared to the newer homes being constructed. • The existing home and detached garage currently do not meet the underlying setbacks for the R-2 District. • The Village has granted numerous variations over the years to properties located along York Road, especially in the Robin Hood Ranch subdivision(see case file). • At least four (4) existing (older) homes front York Road have substandard setbacks relative to the 40-foot required front yard. • The area on York Road south of Oak Brook Road/31St Street is undergoing a significant level of redevelopment/new home construction. At the present time, four (4) new homes are under construction. Over the past thirteen (13) years, five (5) additional new homes have been constructed in this area. RESPONSIBILITIES OF HEARING BODIES: 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, 2 • • STAFF REPORT-ELQAQ 424 CANTERBERRY LANE-VARIATIONS-YARDS AND STRUCTURE HEIGHT CASE No: 2013-17-ZO-VAR 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 more 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. 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 variations to the Zoning Ordinance for the property located at 424 Canterberry Lane, a recommendation would be in order to approve the requested variations in order to construct a new home 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. Findings of fact, which are the basis of the Zoning Board of Appeals determination, should be stated as part of either motion. The recommendation may state any conditions reasonably related to the petition, which the Zoning Board deems necessary to protect the public interest. Respectfully Submitted, Robert] f,allien Jr., A P Director y Development 3 Find AddressQ •Ref Tyke �;: Ord Official File' Date De t Descn tion Address , Subdivision Lot No Ni ariation S 02.33.i�0-V 7/27%1971 Zoning Rear Yard 2 Robin Hood Ranch Fullersburg Hancock Variation T S-0257 Izo-V- 7/25/1972 Zoning Rear Yard 16 Robin Hood Ranch Fullersburg iSerhant Variation S-0285 ZO-V 7%2411073iZoning Repeal S-257 16 Robin Hood Ranch Fullersburg_ iSerhant Variation S-0320 O-V 10/22/1974, oning Rear Yard 1 Robin Hood Ranch Fullersburg Batistich ariation S-0320 ZO-V 10/2?J1074 Zoning Side Yard 1 Robin Hood Ranch Fullersburg Batistich ariation S-0432 ZO-V� 6/26/1979 Zonin Reaf•Yard 30 Robin Hood Ranch' Fullersburg - 9 Hoekstra ariation S-0459 O-V 11/11/1980 oning Rear Yard 4 Robin Hood Ranch Fullersburg Macken Variation S-0,459 �ZO-V 11/11/1980 Zoning .Side Yard �4 Robin Hood Ranch Fullersburg iMacken -. Variation S-0568 O 9/24/1985, oning Rear Yard 7 Robin Hood Ranch Doyle Variation S-0568 O-V 9/24/1985 Zoning : Side Yard 7 Robin Hood Ranch Doyle, Variation S-0580 O-V 4/22/1986!,Zoning Rear Yard 6 Robin Hood Ranch Robinhood Ranch jKramer Variation 5-0594 IZO-V 7/22/9986 Zoning Rear Yard _ 10 Robin Hood Ranch Robin Hood Ran6fi 14 !Sisson ariation S-0594 ZO-V 7/22/19861 oning Side Yard _ 10 Robin Hood Ranch Robin Hood Ranch 14 Sisson ariation. S-0637 ZO-V 6/14/1988 Zoning iRearYard '' 16 Robin Hood Ranch' Robinhood Ranch 14 iWe-nmeyer _ - - -0665 ZO-V 3114/1989 oning Rear Yard 4 Robin Hood Ranch Robin Hood Ranch 25 �Macken Variation S __ _ _ __ _ __ -Variation S-0756 ZON 6/8/19 39 Zoning Rea yard 27 Robin Hood Ranch' Robin Hood Ranch 21 �Strahari • :.. - . oning S-0909 ON 8/11/19981 oning Corner Lot Side 33 Robin Hood Ranch Robin Hood Ranch 23 McElroy Variation S=1.169 �ZO-V 9/12/2006iZonng Front&Rear Set 16 Robin Hood Ranch Serhant's Re sub 1 82 Lubenow Zoning S-1169 O-V 9/12/2006 Zoning Front&Rear Set 16 Robin Hood Ranch Serhant's Resub 1&2 Lubenow Page 1 ORDINANCE 2005-ZO-V-S-1119 l AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF SECTIONS 13-3-5 AND 13-BB-3F(3)OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO FRONT AND REAR YARD SETBACK REQUIREMENTS (3305 South York Road, Oak Brook, Illinois 60523, P.I.N. 06-36-202-001.) WHEREAS, an application has been filed requesting variations from the provisions of Sections 13-3-5 (Setbacks Along Streets)and•13-6B-3F(3) (Lot Area Requirements/Yards/Rear)of Title 13 (Zoning Regulations) of the Village Code. The Petitioner is requesting a variation from the requirement of a one hundred foot(100')front yard setback along York Road in Section 13-3-5 to an approximately ninety-four point forty-five foot (94.45') front yard setback and a variation from the requirement of a sixty foot (60') rear yard setback in Section 13-6B-3F(3)to an approximately fifty foot (50') rear yard setback in order to construct a new single-family home on the property commonly known as 3305 South York Road, Oak Brook, Illinois, legally described below; and WHEREAS, a public hearing of such application has been conducted by the Zoning Board of Appeals of the Village of Oak Brook on April 5,2005 pursuant to due and appropriate legal notice; and WHEREAS, the said Zoning Board of Appeals made explicit findings of fact that the variations requested conform to the standards set forth in Sections 13-3-5 and 13-613-317(3)of the Village Code; and WHEREAS, the Village President and Board of Trustees concur with the recommendations and findings made by the Zoning Board of Appeals; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: That a variation is hereby granted from the provisions of Section 13-3-5 of the Village Code of the Village of Oak Brook to permit construction of a new single-family home and allow a front yard setback of approximately ninety-four point forty-five feet(94.45')along York Road. Section 3: That a variation is hereby granted from the provisions of Section 13-6B-3F(3) of the Village Code of the Village of Oak Brook to permit construction of a new single-family home and allow a rear yard setback of approximately fifty feet(50'). Section 4: That construction is to be in substantial conformance with the site plans labeled J, K and L of the case file. Section 5: That this Ordinance is limited and restricted to the property known as 3305 York Road, Oak Brook, Illinois,which property is legally described as follows: That part of the Southwest Quarter of the Northeast Quarter of Section 36, Township 39 North, Range 11 East of the Third Principal Meridian, described by commencing at the center of said /•�[ • Once 2005-ZO V-S-1119 Granting variation from Front and Rear Setbacks(Bohne) (3305 York Road,06-36-202-001) Page 2 of 2 Section 36 and running thence North along the Quarter Section Line, being also the West Line of said Southwest Quarter of the Northeast Quarter of said Section 36, 1324.5 feet to the Division Line, being also the North Line of said Southwest Quarter of the Northeast Quarter of Section 36 for a place of beginning; thence East along said Division Line,233 feet;thence South parallel with said Quarter Section Line, 191.25 feet; thence West parallel with said Division Line, 233 feet to said Quarter Section line; thence North along said Quarter Section line; 191.25 feet to.the place of beginning, in DuPage County, Illinois. Permanent Parcel Number: 06-36-202-001 Section 6. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict. Section 7. This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. APPROVED THIS 10th day of May, 2005. Kev' Quinlan Vijkge President PASSED THIS 10th day of May, 2005. Ayes: Trustees Aktipis Craig Kennedy Manofs" Sanford and Yusuf Nays: None Absent: OF 4& � 0� ATTEST: ti� yvvy � //0. -4 T Linda K. Gonnella, CMC Village Clerk VIII 1 U13 l.,UI15OrLI III-1V1Y1pVllIUU—" IILLp./I I,,a}w,.uVCU.,u,LVicVV.a3lJA;P3 AT1wuJwuJ� w,uyva� uv.u,�... • • MapOfficew 424 Canterberry MECreato90y consortium• M■mgpinc i } a i, Y M i F^- J - Fi if Cq Cq cation or disclo `.e_ ny rtt�pwded Parcels Parcels 1 of 1 �' PvE OF 04,r . • e o q G � 9C�COUNT4 •\��\ Village of Oak Brook November 11, 2013 1200 Oak Brook Road Oak Brook,IL 60523-2255 Website Dear Resident/Property Owner: www.oak-brook.org The Oak Brook Zoning Board of Appeals and the Village Board will be considering a Administration 630.368.5000 variation as requested below at its meetings scheduled on the reverse side of this FAX 630.368.5045 notice. Community The application has been filed by: Ehab and Nour Elqaq Development 1245 Newberry Avenue 630.368.5101 LaGrange Park IL 60526 FAX 630.368.5128 Engineering The property in question is located at: 424 Canterberry Lane Department 630.368.5130 Relationship of applicant to property: Owner FAX 630.368.5128 Fire Department Property owner: Ehab and Nour Elqaq 630.368.5200 FAX 630.368.5251 Also shown on the reverse side of this notice is a map* of the area to assist you in Police Department determining your relationship to the property in question. 630.368.8700 FAX 630.368.8739 Public Works The petitioners have submitted an application seeking approval of Department several variations in order to construct a new single family home at 630.368.5270 424 Canterberry Lane, Oak Brook, Illinois 60523. FAX 630.368.5295 If you desire more detailed information, please contact the Community Development Oak Brook Department at 630-368-5103 between 8-4, Monday through Friday. Public Library Sincerely, 600 Oak Brook Road Oak Brook,IL 60523-2200 630.368.7700 FAX 630.368.7704 Robert L. Kalli , Jr., AICP Oak Brook Snorts Core Director of Community D pment Bath&Tennis Club RLK/gp 700 Oak Brook Road Oak Brook,IL 60523-4600 630.368.6420 FAX 630.368.6439 Golf Club 2606 York Road Oak Brook,IL 60523-4602 630.368.6400 FAX 630.368.6419 In accord with the provisions of the American with Disabilities Act, any individual who is in need of a reasonable accommodation in order to participate in or benefit from attendance at the public meeting should contact the Village's ADA Coordinator, at 630-368-5022 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, December 3, 2013 Board of Trustees Meeting....................... 7:00 p.m.,Tuesday, January 14, 2014*** ** Public Hearing Body ***Tentative—Follows the completion of the Zoning Board of Appeals public hearing '�ODiI 3003 300D� I � 'I l . 308 1 303• 3005 1 410 R-33046 — 3Db 3009 30120. 3011? 3640. 1 3014 3D1$.� �301 420 414 it 406 y 324[ 3idl 1"y i 116 v 025 3042. 3050 I W 3103 413 4'1T 405- IF .. r, � , ...:....:.....,:_.- 'F---3709 �' 21.9 r {O T 321. 305 -I 1.3119 3117 � 313 , I+ fi 3123 3203 P��Q ,� i� 3201 3zos j A: , Qv J�J 3212 , 3213 3215 1 318 314 j a00 s 214 264,i V I 0 $i II O �� .-- 424 416 ..� 408. 4 �OQ Gj 3222 —Z`P1Jfi�R$ R?2V'. � J I — c fates J 13305'1"4D9 I405�40i g21 313 : 1.305 3306 330:;' 331 rl . l. { 2 3315 Dean N2falt , anctuaty' .✓�'F 41,1�;jf' � x'"'--^t- I�\ 3321 : .:•I=' ''� {'� '� r 34 i3408� ':.34D3 3411 3609 33 j " V ; y ! 8'..yY, 111----1 32 3412.1�� I 1 •, . I c y, ,,.-� ;.7•.4 31.1 �': ` L ,h--• 30 1 1 2I 6 � oc 3420.' j 4• 1. �.. za 1. I. 12 . �-�_ - �r S i t .. :'� i YORK Lli El-1 96,4 .:" X61 35005__ ~\ ` t1 5`� 7 ijR 2� { �tf 3502 3510r 534 ,;h ` z 422 416 d12 i d08�4021:.320.;? 524_r..j•S *Note: The map provided is only an anproximation.of the area in question and is intended to be used only as a visual aid to determine your relationship to the property Elqaq-424 Canterberry-res.ltr.doc • r PUBLIC HEARiN.0; 4e� NOTICE 15 HEREBY • • [r¢�� GIVEN that.a public hear- ing beforethe Zoning Board of Appeals of the Village of Oak .Brook, DOPage and Cook Counties,Illinois,will be held on Tuesday,Decem- ber 3,2013 at 7 De in the CERTIFICATE OF PUBLICATION Samuel E. Dean n Board Room of the Butler Govern- Bro"otk,Center,VOake B Oak Paddock Publications, Inc. Road, Oak Brook, Illinois 60523 from for Ana purpose of con- Heald 1245 a the application from Enab and Nour Elgaq, 1245 Newberry Avenue,La- Grange Park,Illinois 60526, the owners of the property located at 424 Conterberry Lane,Oak Brook, I The applicants are'seeking king Corporation g y organized and existing under and b virtue of the laws of underiTitle 13 of het Zodninpgp the State of Illinois,DOES HEREBY CERTIFY that it is the publisher Oak"Brook f the o s11dOrdl of the DAILY HERALD.That said DAILY HERALD is a secular nonce G-60 as amended. The petitioners have sub= newspaper and has been circulated daily in the Village(s)of mitted an application seek= i approval of several vault ati ons in order to construct son, �Addison,Bensenville,Bloomingdale, Carol Stream,Glendale Heights, ti — a new single family home at 424 Conterberry Lone,oak Glen Ellyn,Itasca,Keeneyville,Lisle,Lombard,Medinah,Naperville, Brook,Illinois ns d siren Oak Brook, Oakbrook Terrace,Roselle,Villa Park,Warrenville, All persons desiring to be heard will be afforded an may West Chicago,Wheaton,Winfield,Wood Dale,Aurora submittytheir sstatements orally or to writing or,both. The hearing may be rem cessed to another date if ho= tice of time and place thereof is publicly on. nounced at the hearing or is given by newspaper Publt+ cation not less than five(5) days prior to the date of the recessed hearing. The sublect property Is lo- cated at 424 Conterberry Lane in Oak Brook, Illinois and the l as follows:egal description is THE WEST 165.00 FEET OF THE SOUTH 176.00 FEET OF THE NORTH= WEST pU'ARTER OF THE NORTHEAST QUART.R OF SECTION 36, TOWN- SHIP 39 NORTH, RAN EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPT THAT PART TAKEN FOR ROADWAY RIGHT OF WAY PUR- POSES), IN DUPAGb Count les of DuPa e COUNTY ILLINOIS PIN: y( ) 06-36-200-1115 The petitioner's'application and State of Illinois,continuously for more than one year prior to the including all supporting dot- umehts is on file with the Di- date of the first publication of the notice hereinafter referred to and is of rector of Community Devel- opment.Persons tti s idogcuo general circulation throughout said Village(s), County(ies)and State. ments may arrange to:daso with the Community Devel- opment ae OakeB°r�k 12Sa oak I further certify that the DAILY HERALD is a newspaper as defined in Brook Road,Oak Brook,.iL 60523, telephone s3o 36e- "an Act to revise the law in relation to notices" as amended in 1992 5103. slams ofrthe American with Illinois Compiled Statutes, Chapter 7150,Act 5,Section 1 and 5.That a Disabilities Act, any rode- notice of which the annexed printed slip is a true copy,was published viduai.who is in need d � n o debro participate in November 11,2013 in said DAILY HERALD. benefit from attendance at this public meeting should contact the Village's ADA Coordinator, at able 8 before WITNESS WHEREOF the undersigned the said PADDOCK as soon as possible before > > the meetine date. PUBLICATIONS g y Charlotte Pruss ,Inc.,has caused this certificate to be signed b ,this Village Clerk Published at fhe.dfrectl"on of authorized agent,at Arlington Heights,Illinois. the Corppoorate. Authoritlels and the Zonina Board of Br osklfDuP Village of(Cook PADDOCK PUBLICATIONS INC. Counties,Illinois.�yy p P Nov 11,20113(f43576714fd DAILY HERALD NEWSPAPERS BY Authorized Agent Control#4357671 vG0 0 Ogx�90 v 0 moo= � O 9�FCOUNTI,�� AGENDA ITEM Regular Board of Trustees Meeting of November 12, 2013 SUBJECT: Referral—Elgaq—424 Canterberry Lane—Variations BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to refer the request for several variations in order to construct a single family home on the property located at 424 Canterberry lane to the Zoning Board of Appeals for public hearing and recommendation. Background/History: The owner of the property located at 424 Canterberry is requesting approval of several variations to allow the construction of a new single family home on the property. Due to the undersized lot and setbacks along York Road and Canterberry Lane,the variation request is necessary. Recommendation: Please refer the request for a variation to the Zoning Board of Appeals for public hearing and recommendation. d� BOT-Referral-424 Canterberry-Elagaq.Vandoc • • 3-6B-3: LOT AREA REQUIREMENTS: A. Lot Area:No less than one acre, except as otherwise required in this title for a specific use. B. Lot Width:Not less than one hundred fifty feet(150') within the buildable area. C. Floor Area Ratio: Not to exceed 0.4 for nonresidential use. D. Structure Height: 1. Residential Uses: Not more than forty five feet (45') for lots one acre or larger and forty feet(401)for lots less than one acre, except for continuous flat roofs,which shall be not more than thirty five feet(35')to the top of any parapet wall. However, where residential building heights exceed thirty feet(30'),the highest space that can be occupied must have an emergency escape and rescue opening at a maximum elevation of thirty two feet(32') above grade. 2. Institutional And Other Nonresidential Uses:Not more than forty five feet(45'). E. Ground Floor Area Per Dwelling: 1. One Story Without Basement: Not less than one thousand eight hundred (1,800) square feet. 2. One Story With Basement: Not less than one thousand six hundred (1,600) square feet. 3. Dwellings Having More Than One Story: Not less than one thousand two hundred fifty (1,250) square feet. F.Yards: Except as required in subsections B and D under "accessory uses and structures" in section 13-6A-1 of this chapter, yards shall be provided as follows: 1. Front: Not less than forty feet(40') in depth. 2. Side:Not less than eighteen feet(18') in depth except: a. A side yard abutting a street shall not be less than forty feet(40')in depth; b. To accommodate a side load garage,the minimum side yard setback(on 1 side yard) must be at least twenty three feet(23'); the width of the pavement opposite of the garage door must be a minimum of twenty three feet(23'); c. For nonresidential uses each side yard abutting a street shall be not less than fifty feet (50') in depth and each interior side yard shall be not less than thirty feet(30') in depth and increased by not less than two feet(2') for each one foot(1') of structure height over thirty feet(30'). 3. Rear: Not less than sixty feet(601) in depth. x VILLAGE of AK ' '00K f+ 1200 OAK BROOK ROAD OAK BROOK, IL 60523 �A0 630-990-3045 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 ($50-each lot frontage) F -Enter Number of Street Frontages/Per Parcel APPLICANT TO COMPLETE NOTE: ALL APPLICATIONS ARE TO BE RECEIVED BY THE DIRECTDRIOFCOMMUNITY ` DEVELOPMENT AND AFTER AN INITIAL REVIEW WILL BE FILED WITH T It VILLAGE CLERK.' LOCATION OF SUBJECT PROPERTY 424 Canterberry Lane PERMANENT PARCEL NO*o6 _36 _200 015 LOT NO. SUBDIVISION LEGAL ADDRESS* 424 ca,/nterberry Lane, Oak Brook ZONING DISTRICT �•� ZONING ORDINANCE SECTION ee A a�/�/pr ;A1 A , ACTION REQUESTED -5,0, a-',� PROPERTY INTEREST OF APPLICANT: OWNER—FX_1 CONTRACT PURCHASER AGENT OWNER(S)OF RECORD EHAB&NOUR ELQAQ PHONE (708)732-5259 ADDRESS 424 Canterberry Lane CITY Oak Brook STATE IL ZIP 60523 BENEFICIARY(IES)OF TRUST PHONE ADDRESS CITY STATE ZIP NAME OF APPLICANT(and Billing Information) Ehab &Nour Elgaq PHONE (708)732-5259 ADDRESS 1245 Newberry Ave CITY Lagrange Park STATE ZIP 60526 Contact Name and E-mail Address(s) Ehab Elqaq, email: ehab @acgintl.com I(we)certify that all of the above statements and the statements contained in any papers or plans submitted herewith are true to the best of my(our) knowledge and belief.I(we)give permission to the Village to install public hearing sign(s)on the lot frontages of the above subject property as described in a Villa e C . In diti to the above fees,applicant agrees to reimburse the Village (cation Sts within 30 days of billin . le _ -� a / Signature of 0 er Date Si nature of A can Date 9 9 P DO NOT WRITE IN THE SPACE BELOW—FOR OFFICE USE ONLY Date Filed /0 -/5--13 Fee Paid$_8.50 Receipt No. 1f4&1_4'V Received By ,Board of Trustees(Referraq Notice Published 11-11-13 Newspaper Daily Herald Adj.Property Owners Notified PUBLIC HEARING DATES:, Plan,Commission IUTA- Zoning Board of Appeals Board of Trustees y Board of Trustees (Approval of Ordinance) SIGNED-VILLAGE CLERK Date f ' + nvr • 424 Canterberry Lane Requested variances from code: See Exhibit E for Dimensioned Drawings Code Section: Front Yard Setback Article B. R2 Single-family detached residence district. 13-6b-3: Lot area requirements: Part F. 1. Front: Not less than 40' (Forty Feet) in depth. Variance Requested #1: Front yard Setback Reduce the required front yard setback (Canterberry Lane) from the required 40' (forty feet) to an approximate 18' (Eighteen Feet) setback. Code Section: Side Yard Abutting a Street Setback Article B. R2 Single-family detached residence district. 13-6b-3: Lot area requirements: Part F. 2. a. A side yard abutting a street shall not be less than 40' (Forty Feet) in depth. Variance Requested #2: Side Yard Abutting a Street Setback Reduce the required side yard abutting a street setback (York Road) from the required 40' (forty feet) to an approximate 25' (Twenty Five Feet Code Section: Rear Yard Setback Article B. R2 Single-family detached residence district. 13-6b-3: Lot area requirements: Part F. 3. Rear: Not less than 60' (Sixty Feet) in depth. Variance Requested #3: Rear Yard Setback Reduce the required rear yard setback from the required 60' (Sixty Feet) to an approximate 25' (Twenty Five Feet) @ garage and a 5' setback at the porte cochere for a 22' width. Code section: Structure Height on Property Less Than 1 Acre Article B. R2 Single-family detached residence district. 13-6b-3: Lot area requirements: Part D. Structure height: 1. Residential Uses 40' (Forty Feet) for lots less than one acre Variance Requested #4: Structure Height (401 on Property Less Than 1 Acre The predominant roofline will be lower than the 40' height requirement for a property of less than 1 acre. The variance request is for two architectural features which extend above the height limitation by approximately 3'-6" and 2'-6". This will provide for a total height of 43'-6" and 42'-6" respectively. Code section: Article B. R2 Single-family detached residence district. 13-6b-3: Lot area requirements: Part D. Structure height: 1. Residential Uses: Not more than forty five feet (45') for lots acre or larger and forty feet (40') for lots less than one acre Letter of explanation for requested variances Existing conditions: The property is 176 ft x 165 ft and it is a corner lot with the following immediate surroundings: • East side: A single family house. • West side: York road with properties owned by the Christ Church of Oak Brook. • North side: A drive way for new house being developed. The drive way is approx 300 ft long. • South side: Canterberry Lane with a property after that for a single family house that was developed 7 years ago. Hardship and unique situation The property has very unique situations in terms of the size and location. It is a corner lot with two frontages, also 33'-0"was taken for roadway right of way for York Road and Canterberry Lane. This created many obstacles in developing a property of similar nature to the surrounding new developments. The total original size of the lot was 176 x 165 but after receiving the survey it was determined that in reality the lot is only 143 x 132 which reduce the size of lot significantly. In addition to this reduction in size, the zoning of R2 which was developed for bigger lots, reduces the buildable area to very small area. This zoning if used on lots of 1 acres or more, it will be fine. But when using these setbacks on this small lot, it will very hard to develop a house with similar nature to the surrounding area houses. The zoning R2, corner lot and lost 33'-0" in the roadway right of way all play very crucial factors in making this lot a very hard to develop in similar nature to the surrounding houses. The buildable area if using the setbacks will not exceed 3000 SF, which will make this house very small to the surrounding 8000 to 15000 SF houses. Design Process: Based on the initial investigation and communication with local officials in the Oak Brook Village we obtained all regulations. It was determined that several zoning set backs were enforced for properties in this R2 zoning. The uniqueness of this lot forced us to develop several concept plans and presented them to Oak Brook planning for review and comments.At the end of this process we can to the following conclusion and recommendation: The garage is pulled around to the rear of the house and access to the garage is along the north side of the site. We are providing a 24' setback (25'to the vertical plane of the house) which should allow for a 23' drive and a fence and possible hedge raw to screen I • • the driveway to the immediate north. We pushed the house a bit to the north and east to help reduce the requested setback relief along both York and Canterberry. We have not pushed up against the east side yard set back of 18', but rather have maintained a 25' offset from the east property line. We feel this is important as the neighbor to the east has a smaller house, and appears to be located within 12'-13' of the property line (within the 18' setback requirement due to earlier zoning regulations we understand). We do not want to crowd the neighboring house who, in reality, will be most impacted by the building of a larger house on our project site. We have added a Porte Cochere to the north end of the house. This was done to help maintain the horizontal proportions of the west elevation. By only relocating the garage, the house would take on more 'boxie' proportions and starts to look tall. By stretching it with a porte cochere, we hope to keep the more horizontal proportions. We believe both the porte cochere and the larger setback from the east neighbor will help to mitigate the feeling of overbuilding that we talked about Monday. By pulling the garage around the back, we have significantly reduced the rear yard setback variance we are seeking. While we are still seeking relief on the three sides discussed Monday, we feel we are doing what we can to respect the zoning requirements while constructing a residence of like size and scale of current new homes being constructed in the immediate area. Currently we are asking for 15' of relief along York road from the 40' corner-side yard setback requirement, 22' of relief from a•40'front yard set back requirement along Canterberry Lane and 35' relief from the 60' rear yard setback along the north interior lot line. We did look at other options such and rotating and mirroring the building, but those, while helping with the front yard setback, did not help with the rear yard set back and made the side yard setback along York much worse. We also looked at a detached garage. This had no real affect on the setbacks. Conclusion: We believe in establishing a great relationship with our neighbors and community. For that main reason we worked so hard with the Village officials to revise the plans to minimize any setbacks variation requested. We also worked with our great new neighbors and accommodated all comments. They all feel the house will be a great addition to the neighborhood. We are really happy and excited to be moving to Oak Brook. We feel this is a great area to raise our young kids. Our eleven and eight year old kids will be enjoying the great schools of Oak Brook, and will enjoy playing with the kids in the neighborhood. We are coming to Oak Brook with big hopes and dreams and we are asking for your favorable decision to our new home design. • • VARIATION STANDARDS 1. a. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located. RESPONSE: The property has very unique situations in terms of the size and location. It is a corner lot with two frontages, also 33'-0" was taken for roadway right of way for York Road and Canterberry Lane. This created many obstacles in developing a property of similar nature to the surrounding new developments. In the last few years, properties of unique architectural features in this area developed an image and the goal of this new house is to match these unique architectural features. Neighbors who reviewed the initial concept design of the house showed a great support for this new development as it will blend smoothly with the rest of new development in the area. 1. b. The plight of the owner is due to unique circumstances. RESPONSE: The total original size of the lot was 176 x 165 but after receiving the survey it was determined that in reality the lot is only 143 x 132 which reduce the size of lot significantly. In addition to this reduction in size, the zoning of R2 which was developed for bigger lots, reduces the buildable area to very small area. This zoning if used on lots of 1 acres or more, it will be fine. But when using these setbacks on this small lot, it will very hard to develop a house with similar nature to the surrounding area houses. 1. c. The variation, if granted, will not alter the essential character of the locality. RESPONSE: In fact the variation will help develop a nice house that fit the area and provide great architectural features similar to the surrounding houses. Also, we actually tried to architectural mirror the house south of our property and create grand entrance to the Canterberry Lane east properties. C . 2. a. The particular physical surroundings, shape, or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out. RESPONSE: The zoning R2, corner lot and lost 33'-0" in the roadway right of way all play very crucial factors in making this lot a very hard to develop in similar nature to the surrounding houses. The buildable area if using the setbacks will not exceed 3000 SF, which will make this house very small to the surrounding 10000 to 15000 SF houses. 2. b. The condition upon which the petition for variation is based would not be applicable generally to the other property within the same zoning classification. RESPONSE: This lot is unique in many ways that this condition may not occur again. Being 9 a corner lot with smaller area makes this lot a hard property to develop in the same nature of other properties. 2. c. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. RESPONSE: We contacted the surrounding neighbors and they are in support for this nice. development. The variation requested will not in any way harm or affect any neighbor. In fact we moved the house to the west more based on recommendation of our east neighbor. They currently have dog fence and between the two properties we have nice trees that we would like to maintain. 2. d. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. RESPONSE: The house is located in a way to maintain many of the natural elements between this property and the east one. This unique lot has only one neighbor with a house which is to the east. From the South it will be canterberry and from the North a new drive way (over 300 ft long) is being developed to serve a new house being built in that lot. The new house will not harm nor affect any of surrounding houses. In fact we contacted the two adjacent neighbors and both provided great support for the new house development. 2. e. That the purpose of the variation is not based exclusively upon a desire to make more money out of the property. RESPONSE: Our goal is to develop a unique house for our family in similar nature to the historical area of Canterberry Lane and York Road. We have two kids ages 11 and 8 and our goal is to develop this nice house for them to enjoy and us to grow together in this great community. 2. f. That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. RESPONSE: The lot location and size created this hardship. We believe that the requested variations will not harm the area but rather develop a unique house that will enhance and add values to the surrounding houses. We shared this new plan with our neighbors and we have received a lot of encouraging support which made us feel even better to be moving to great neighborhood. In conclusion, we need to stress the main point that we are moving to Oak Brook to raise our family in a great community supported by excellent schools, outstanding community and wonderful neighbors. i i I MISCELLANEOUS PAYMENT RECPT#: 260694 VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK IL 60523 DATE: 11/08/13 TIME: 16:21 CLERK: pfinaldi DEPT: CUSTOMER#: 0 INFO: ZONING 4302 ZONING/SUBDIVIS 850.00 AMOUNT PAID: 850.00 PAID BY: EHAB ELQAQ PAYMENT METH: CHECK 2331 REFERENCE: AMT TENDERED: 850.00 AMT APPLIED: 850.00 CHANGE: .00 Ehab Elgaq From: BJ Bohne Sent: Sunday, November 03, 2013 9:33 AM To: Ehab Elgaq Subject: Elqaq residence I had a chance to review your drawings, I did have a couple of questions and suggestions. I didn't see any detail regarding the material the home was going to be constructed from. Is it stone, brick, stucco or a combination? The overall layout of the home looks good, it appears that Rose and Lars property would be the most affected by the footprint of the house, so in that respect if they are ok with the size, then I would be supportive. My one concern is the height, steeples on the home appear to go well over the 40' height restrictions, I would suggest lowering the overall height in an effort to get these plans approved. I lowered my design to 36' in an effort to satisfy the village board in consideration of them allowing me my variances. I think the home would look better if you kept under the 40' height level as well as making the process of getting approval much easier. Hope this helps, thanks. Sincerely, B.J. Bohne President & CEO Imperial Crane Services, Inc. No virus found in this message. Checked by AVG - www.avg.com Version: 2013.0.3426 / Virus Database: 3222/6806 - Release Date: 11/03/13 i We reviewed the proposed plan for the Elqaq's new residence in 424 Canterberry Lane,Oak'Brook and we have no objection to the variances they requested: Name: Address: Name: Address: Name: Address: Name: Address: • C ertification • Surrounding Property Owners I (we) certify that the names and addresses of all the surrounding property owners including mailing labels submitted with this application are located within a minimum distance of 250 feet in all directions from the perimeter of the subject property and that the number of feet occupied by all public roads, streets, alleys, and public ways has been excluded in computing the 250-foot requirement. Said names and addresses are as recorded in the office of the County Recorder of Deeds (or the Registrar of Titles of the County) and as appear from the authentic tax records of this County. The Property owners as listed have been obtained from the Township Assessors office within 30 days of the filing of this application. The surrounding property owners list as submitted herewith and supporting attachments are true to the best of my (our) knowledge and belief. (we) give permission to the Village to install public hearing sign(s) on the lot frontages of the subject property as described in the Village Code. In addition to the required application fees, applicant/owner agrees to reimburse the Village for publication costs, recording fees, and any other associated costs or fees within 30 days of billing. EHAB&NOUR ELQAQ Ehab&Nour Elqaq Printed Name of Owner Printed Name f Applicant <�- ) to r 3 Signature of OvAer Date 06nat6re of App' an Date BILL TO INFORMATION: Print Name/Company Contact Person Contact Phone g- 452-7T79 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 • NAMES OF SURROUNDING PROPERTY OWNERS Following are the names and addresses of all surrounding property owners from the property in question for a distance of approximately 250 feet in all directions. The number of feet occupied by all public roads streets alleys and public ways have been excluded in computing the 250-foot requirement. Said names are as recorded in the office of the County Recorder of Deeds(or the Registrar of Titles of the County)and as they appear from the authentic tax records of this County within 30 days of the filing of this application. Provide a mailing label for each Property Owner listed. Note: The people on this list will be notified by mail with the information about your request and the meeting schedule. NAME OF PROPERTY MAILING ADDRESS OF ADDRESS PARCEL OWNER PROPERTY Christ Church of Oakbrook 3212 York Rd, Oak Brook, IL 60 ' 3 3212 York Rd, Oak Brook, I L 636100004 O a Christ Church of Oakbrook 3222 York Rd, Oak Brook, ILKuft 21 3222 York Rd, Oak Brook, I/- 636103005 Christ Church of Oakbrook 3206 York Rd, Oak Brook, I 3206 York Rd, Oak Brook IL 636103006 0 Christ Church of Oakbrook 3202 York Rd, Oak Brook, I L le'tj2 3 3202 York Rd, Oak Bro k, 1 G 636107002 .o Okmark TR, Rosemarie&L 360 Canterberry LN, Oak Broo �( L 360 Canterberry Lane, OakkB,Zis 636200016 IL- Ap Marre, Eugene N 408 Canterberry LN, Oak Broo 0 2 408 Canterberry LN It Oak Brr 636200017 Behrle TR, George W 3207 York Rd, Oak Brook, IL &)J 23 3207 York Rd, Oak Book IL 636200050 Grud, S&N/Schneider,A&P 3213 York Rd, Oak Brook, IL 4d-93 3213 York Rd, Oak Brook, lZ 636200077 /606 2 Grud, S &N/Schneider,A&P 3215 York Rd, Oak Brook, IL `,c)!�7-3 3215 York Rd, Oak Brook 11- 636200078 Truedson,Ray 3309 York Rd, Oak Brook, IL e/,,42-) 3309 York Rd, Oak Brook, I L 636202003 Christman,James&Jane B 409 Canterberry LN, Oak Brook, 1L 409 Canterberry LN, Oak Br,-,k 636202016 Bohne, Berkshire J 3305 York Rd, Oak Brook, IL &IP67,3 3305 York Rd, Oak B ookI1- 636202025 (Attach additional sheets if necessary) PUBLIC HEARING Variation Packet- a Aect Property Verificcoon p Y (Complete a separate form for each P.I.N.) 1. Permanent Index Number (P.I.N. from Real Estate Tax Bill): 6)6 36 200 015 2. Common Address: 424 Canterberry Lane, 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 ctpolanek(cDoak-brook.orci THE WEST 165.00 FEET OF THE SOUTH 176.00 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPT THAT PART TAKEN FOR ROADWAY RIGHT OF WAY PURPOSES), IN DUPAGE COUNTY, ILLINOIS ALSO KNOWN AS:424 CANTERBERRY LANE, OAK BROOK, IL 60523 The Permanent Index Number, Common Address and Legal information provided has been verified as follows: DuPage County Records/Research Room: (630-682-7398) Contact Person: Kiln Date called: f, �� 20 I verify that the information provided above is accurate. EHAB ELQAQ df Printed Name Ignature Date: 10/16/2013 Relationship to Applicant: OWNER OF PROPERTY DO NOT WRITE IN THIS SPACE—FOR OFFICE USE ONLY Legal Description Review Corrections Required Yes No Approved By: Date PUBLIC HEARING Variation Packet- Lq �- w 'n f- re) = + C7 �W W � W = 2 c' = GO LLj U ' - - - - - - - - - - - - - - - - - - - - - - - - - -❑ - = - - - - - - _ _+40.00'- MA_X HEIGHT - - - - - - - - - - - - - - - - wl LOT <1 ACRE -- - - - - - FFE5 I Ei ❑ 0000 000B ID ID El ED T-j- ❑ - - L - L - - - - - - - - 0 r U Q E 0 m o. N N O L L a Exhibit G - Conceptual North Elevation - I " = 10' 11-15-2013 0 JOSEPH BURNELL - ARCHITECT Elqaq Residence BROOKFIELD, ILLINOIS 424 Canterberry Lane Oakbrook, Illinois Al, �i + CD w LU x cV �T\ - - - - - — — - - - - - - �� - - - - - - - - - - - - —+40.00' -_M_AX_HEIGHT ,., - - - - - - - - - -- - -- - - - - - - - - - - - - - - - - - wILOT<1 ACRE - - CD J J W Of Z Lij O rn p r r7 X p Q z [HUI _0 25 - - Z I I I I I I I I I I I I I I I f — — — — — — — — — — — -r — J � _ � — I —— — — — — — — — — — — — — — — — — — — — — — — — — — — L - - - II — — — — -J s N U m r L yU Q m E m n m M 7 L Ol L Exhibit H - Conceptual East Elevation - I" = 10' 11-15-2013 0 JOSEPH BURNELL - ARCHITECT Elgaq Residence 424 Canterberry Lane BROOKFIELD, ILLINOIS Oakbrook, Illinois in 04 c� = vW cD c • _ I +40.0_0' - M_AX_H_EIGHT - - - - - - - - - - - - - - - - - - - - - - - - — - - - - - - - - - - - - - - - - - - - - - - - - - - - - wI LOT <1 ACRE — - - - - - - - - - - - - - - 1 17 Elt 11 Li Ll Li r - - -�- - - - - - - - 1 - - - - - - - - - 1 - - - - - - - - - - - - s N U m r L U Q d E m r a m w 0 r m z T Exhibit J - Conceptual South Elevation - 1" 10 _ 1 11-15-2013 0 E/gaq Residence JOSEPH BURNELL - ARCHITECT 424 Canterberry Lane BROOKFIELD, ILLINOIS Oakbrook, Illinois P. Lq } W 04 = C9 2 .+i W cV +40.00' - MAX HEIGHT — — — — - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - wl LOT <1 ACRE O raj O O X � Q " 1 CC / L 5' 0" LK x 20' 7 7-m 71 M-1 25'- ❑❑❑ - ■ ❑ —LLL== Z mmm mm � mmm L- - - - - - - 1 - - - -1- - - - - - - - - - - -I— L — L - - - - - - - - - - - - - - - - - - - - - - ❑ a E 9 m L d d 0 7 L L T a Exhibit K - Conceptual West Elevation - I " = 10' 11-15-2013 0 E/gaq Residence JOSEPH BURNELL - ARCHITECT 424 Canterberry Lane BROOKFIELD, ILLINOIS Oakbrook, Illinois P Ordinance 2014-ZO-V-EX-S-1395 Granting a Variation from the Provisions of Sections 13-66-3D and 13-6B-3F For 424 Canterberry Lane PIN: 06-36-200-015 Page 7 of 9 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Oak Brook, Illinois ("Village"): WHEREAS, an application was filed by the owners, Ehab and Nour Elqaq (collectively, "Owners'), of the property located at 424 Canterberry Lane, Oak Brook, Illinois and legally described in Exhibit 1 attached hereto ("Property') requesting variations (collectively, "Variations") to allow for the construction of a new residence that exceeds the structure height requirements and encroach into the front yard setback and rear yard setback, as set forth in Sections 13-6B-3D and 13-6B-3F of the "Zoning Ordinance of the Village of Oak Brook," as amended ("Zoning Regulations"); and WHEREAS, Ordinance No. 2014-ZO-V-EX-S-1395, adopted by the President and Board of Trustees of the Village of Oak Brook on February 11, 2014 ("Ordinance"), grants approval of the Variations, subject to certain modifications, conditions, restrictions, and provisions; and WHEREAS, Subsection 7.B of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the Owners file 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, the Owners do hereby agree and covenant as follows: 1. The Owners hereby unconditionally agree to accept, consent to, and abide by all of the terms, conditions, restrictions, and provisions of the Ordinance. 2. The Owners acknowledge and agree that: (i) public notices and hearings have been properly given and held with respect to the adoption of the Ordinance; (ii) the Owners have considered the possibility that the variations granted by the Ordinance may be revoked if the Owners do not comply with the Ordinance; and (iii) the Owners agree not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. The Owners acknowledge and agree 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 construction or use of the addition on the Property, and that the Village's issuance of any such permit does not, and will not, in any way, be deemed to insure the Owners against damage or injury of any kind and at any time. 4. The Owners agree to and do 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 such parties in connection with the construction, operation, and use of the addition, 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 Owners and their 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 them 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 Ordinance 2014-ZO-V-EX-S-1395 Granting a Variation from the Provisions of Sections 13-6B-3D and 13-6B-3F For 424 Canterberry Lane PIN: 06-36-200-015 Page 8 of 9 affected privilege or right shall continue only until 21 years after the death of the last survivor of the now living lawful 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, Ehab Elqaq and Nour Elqaq executed this Unconditional Agreement and Consent on this I f day of ____ , 2014. hab Elqaq Nour Elqaq State of Illinois County of DuPage �� I, 1 '(AA w MiZe✓' a Notary Public in and for the County and State aforesaid do hereby certify that Ehab Elqaq and Nour Elqaq, personally known to me, and that they appeared before me this I1"' day of Fe IV-A!) 2014, and acknowledged that they personally executed this instrument. 9n - Notary Public Seal 'OFFICVLSEW N� Sited Inds d M► bikes May 12.2015 Ordinance 2014-ZO-V-EX-S-1395 Granting a Variation from the Provisions of Sections 13-6B-3D and 13-6B-3F For 424 Canterberry Lane PIN: 06-36-200-015 Page 9 of 9 EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT LEGAL DESCRIPTION Property: The subject property is located at 424 Canterberry Lane in Oak Brook, Illinois and the legal description is as follows: THE WEST 165.00 FEET OF THE SOUTH 176.00 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPT THAT PART TAKEN FOR ROADWAY RIGHT OF WAY PURPOSES), IN DUPAGE COUNTY, ILLINOIS PERMANENT INDEX NUMBER: 06-36-200-015 STATE OF ILLINOIS ) ) SS. COUNTIES OF COOK AND DUPAGE ) I, Charlotte K. Pruss, do hereby certify that I am the duly elected and acting Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois. I DO FURTHER CERTIFY that on February 11, 2014 , the corporate authorities of the above municipality passed and approved: ORDINANCE 2014-ZO-V-EX-S-1395 AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF SECTION 13-6B-3D AND 13-6B-3F OF TITLE 13("ZONING REGULATIONS") OF THE VILLAGE OF OAK BROOK RELATIVE TO THE REQUIRED STRUCTURE HEIGHT AND FRONT AND REAR YARD SETBACKS FOR THE PROPERTY LOCATED AT 424 CANTERBERRY LANE IN THE VILLAGE OF OAK BROOK, ILLINOIS I DO FURTHER CERTIFY that the original document, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same. I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties, Illinois. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 31st day of May , 2014 . II* v,444.4„,.-- 45:4) // ,c,0 ■ ,, / Atx.,,, .�` ,4 ',17' °o Charlotte K. Pruss 44, x ?" Village Clerk ' . , ''a Village of Oak Brook 0 1, ., _......,.._.\\\, , �o DuPage and Cook Counties, Illinois couNT, ,NN' fI .. . .... .. _. FRED BUCHOLZ DUPAGE COUNTY RECORDER JUN.27,2014 9:06 AM OTHER 06-36-200-015 013 PAGES R2014-055422 (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 2014-ZO-V-EX-S-1395 AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF SECTION 13-6B-3D AND 13-6B-3F OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE OF OAK BROOK RELATIVE TO THE REQUIRED STRUCTURE HEIGHT AND FRONT AND REAR YARD SETBACKS FOR THE PROPERTY LOCATED AT 424 CANTERBERRY LANE IN THE VILLAGE OF OAK BROOK, ILLINOIS Property Address/es 424 Canterberry Lane, Oak Brook, Illinois 60523 If vacant land, so state and list nearest cross streets) PIN No(s). 06-36-200-015 Name and Address of Applicant: Ehab and Nour Elqaq 1245 Newberry Avenue LaGrange Park, IL 60526 Name and Address of Responsible: Same Party to Receive Copy of Recorded Document and Billing 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 N/A of Consideration (when applicable): G/L Account to be charged: