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S-707 - 12/11/1990 - VARIATION - Ordinances ORDINANCE S- 707 AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK RELATIVE TO LOADING BERTHS, SIDE AND REAR YARDS, PARKING AISLES AND GROUND SIGNS (Oak Brook Nursing Home, 2013 Midwest Road) WHEREAS, an application has been filed requesting variations for property located 2013 Midwest Road; and WHEREAS, the Zoning Board of Appeals of the Village of Oak Brook, pursuant to due and appropriate legal notice conducted a public hearing thereon on November 6, 1990; and -- WHEREAS, the said Zoning Board of Appeals made specific findings of fact and recommendations for approval of the following variations: 1. A variation from the provisions of Section XI(D) (7) to reduce the required number of off-street loading berths from 3 to 1. 2. A variation from the provisions of Section XI(D) (2) to reduce the size of the one loading berth from 12' x 55' to 18' x 201 . 3. Variations from the provisions of Section XI(E) (7) to reduce the northerly required side yard adjacent to off-street parking spaces from 10' to 51 , and on the southerly required side yard, from 10' to 41 . 4. A variation from the provisions of Section XI(E) (7) to reduce the required easterly rear yard for off-street parking space adjacent to a residential district from 40' to 7' . 5. A variation from the provisions of Section XI(E) (3) to permit a parking aisle to the rear of the property to be 19' in width instead of the 27' requirement. 6. A variation from the provisions of Section VIII(E) (5) , and by reference, VIII(C) (5) (h) to permit construction of one entrance ground sign on a lot less than three acres in area. WHEREAS, the corporate authorities have considered these recommendations and findings and concur in the same since they are supported by the preponderance of evidence in the record; 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 preamble hereinabove set forth is hereby incorporated herein as though fully set forth. VILLAGE OF OAK BROOK tWtes -2- 0 December 11, 1990 1 Ayes: 6-Trustees Bartecki, Bushy, Maher, Payovich, Rush and Winters Nays: 0-None Absent: 1-President Cerne Motion carried. CB). ORDINANCE No. 5-707 AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK RELATIVE TO LOADING BERTHS, SIDE AND REAR YARDS, PARKING AISLES AND GROUND SIGNS (Oak Brook Nursing Home, 2013 Midwest Road) : Direction given at the Regular Meeting of November 27, 1990. Trustee Winters moved, seconded by Trustee Maher to pass Ordinance No. 5-707 as presented and waive the full reading thereof. Roll Call Vote: Ayes: 6-Trustees Bartecki, Bushy, Maher, Payovich, Rush and Winters Nays: 0-None Absent: 1-President Cerne Motion carried. C. ORDINANCE NO. G-459 AN ORDINANCE AMENDING SECTION 12-87 OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK, ILLINOIS AND ADJUSTING WATER CHARGES: Proposed Ordinance adjusts water charges increasing the present water rate by 5 percent. Trustee Rush moved, seconded by Trustee Bushy to continue the policy of adjusting the water rate upward by 5 percent each year and to pass Ordinance No. G-459 as presented and waive the full reading thereof. Roll Call Vote: Ayes: 6-Trustees Bartecki, Bushy, Maher, Payovich, Rush and Winters Nays: 0-None Absent: 1-President Cerne Motion carried. V. FINANCIAL: A. Payouts: 1. Crawford, Murphy & Tilly, Inc. - Payout #1 - Consultant Services for Bridge Inspections (22nd Street over Salt Creek, Spring Road, Jori_e Boulevard, Regent Drive and Saybrook Lane at Ginger Creek and deck inspections of Harger Road and Windsor Drive bridges) : Trustee Rush moved, seconded by Trustee Bushy to authorize payment of Payout #1 to Crawford, Murphy & Tilly, Inc. for professional consulting services for bridge inspections in the total amount of $4,226.94. Roll Call Vote: VILLAGE OF OAK BROOK Minutes -2- December 11, 1990 MINUTES OF THE REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, ILLINOIS HELD DECEMBER 11, 1990 I. PUBLIC HEARING: COMPREHENSIVE PLAN ORDINANCE: Temporary Chairperson Payovich called a Public Hearing at 7:32 p.m. regarding the proposed Comprehensive Plan of the Village of Oak Brook. It was noted that the notice of this Public Hearing was published in the Oak Brook DOINGS on November 23, 1990 as required by law. Temporary Chairperson Payovich outlined the proposed Comprehensive Plan and requested any response from the public, hearing none, a motion was made to adjourn the hearing at 7:35 p.m. by Trustee Bushy, seconded by Trustee Rush with a voice vote. II. MEETING CALL: The Regular Meeting of the Board of Trustees was called to order by Temporary Chairperson Payovich in the Samuel E. Dean Board Room of the Village Commons at 7:36 p.m. ROLL CALL: PRESENT: Trustees Garry J. Bartecki Karen M. Bushy Ronald P. Maher Barbara A. Payovich Joseph H. Rush H. Richard Winters ABSENT: President Wence F. Cerne PLEDGE TO THE FLAG III. APPROVAL OF MINUTES: Trustee Maher moved, seconded by Trustee Rush to approve the Minutes of the Regular Meeting of November 27, 1990 as presented and waive the full reading thereof. Voice Vote: all ayes, no nays. Motion carried. IV. ORDINANCES AND RESOLUTIONS: A. ORDINANCE NO. G-458 AN ORDINANCE ADOPTING AN AMENDED COMPREHENSIVE PLAN FOR THE VILLAGE OF OAK BROOK: Public Hearing held on December 11, 1990 at 7:32 p.m. in the Samuel E. Dean Board Room of the Village Commons. Trustee Winters moved, seconded by Trustee Bushy to pass Ordinance No. G-458 as presented and waive the full reading thereof. Roll Call Vote: I VILLAGE OF OAK BROOK Minutes -1- December 11, 1990 I VILLAGE OF OAK BROOK Nes -3- Wvember 27, 1990 C. Approval of Engineer Design Contract - Roosevelt Road South Frontage Road: Trustee Rush moved, seconded by Trustee Winters to enter into a contract with P & D Technologies in the lump sum amount of $11,000.00 to provide professional engineering services regarding design plans and specifications for the rehabilitation of the Roosevelt Road South Frontage Road between Salt Creek and York Road, subject to Village Attorney Brechin's review and the Board's approval of the intergovernmental agreement between IDOT and the Village for the project including the revised cost estimate. Roll Call Vote: Ayes: 6-Trustees Bartecki, Bushy, Maher, Payovich, Rush and Winters Nays: 0-None Absent: 1-President Cerne Motion carried. VII. NEW BUSINESS: A. Cancellation of December 25, 1990 Meeting: Trustee Bushy moved, seconded by Trustee Payovich to cancel the Board of Trustees meeting scheduled for December 25, 1990. Voice Vote: all ayes, no nays. Motion carried. B. Recommendation - Spillone - Rear Yard Variation (31 Devonshire Drive) : Application has been made for a Rear Yard Variation for construction of a pool encroaching approximately 23' into the 40' rear yard of a through lot. The Zoning Board of Appeals at its meeting of November 6, 1990 recommended approval of the rear yard variation which would allow the pool to be located 20' from the rear lot line instead of the 17' requested (both as measured from the water line), based on the findings of fact as stated in letter of November 16, 1990 from Chairman Savino. Trustee Winters moved, seconded by Trustee Rush to deny the request for a variation to allow for construction of a pool 17' or 20' from the rear lot line. Roll Call Vote: Ayes: 4-Trustees Bushy, Maher, Rush and Winters Nays: 2-Trustees Bartecki and Payovich Absent: 1-President Cerne Motion carried. CO. Recommendation - Oak Brook Nursing Home - Variations (2013 Midwest Road) : The Zoning Board of Appeals, at its meeting of November 6, 1990, recommended approval of the following five variations: 1. A variation from Section XI(D) (7) to reduce the required number of off-street loading berths from 3 to 1; VILLAGE OF OAK BROOK Minutes -3- November 27, 1990 VILLAGE OF OAK BROOK Minutes -4- November 27, 1990 2. A variation from Section XI(D) (2) to reduce the size of the one loading berth from 12' x 55' to 18' x 201 ; 3. Variations from Section XI(E) (7) to reduce the northerly required side yard adjacent to off-street parking spaces from 10' to 51 , and on the southerly required side yard, from 10' to 41 ; 4. A variation from Section XI(E) (7) to reduce the required easterly rear yard for off-street parking spaces adjacent to a residential district from 40' to 71 ; 5. A variation from Section XI(E) (7) to permit a parking aisle to the rear of the property to be 19' in width instead of the 27' requirement; based on the findings of fact as stated in Chairman Savino's letter dated November 16, 1990. The Zoning Board recommended denial of 2 ground signs based on the findings of fact as stated in Chairman Savino's letter dated November 16, 1990, but recommended that a single ground sign would be appropriate., since the property presently has a ground sign and that any building wall signs (the only other type allowed for this property) would not be readily visible from the street. Trustee Winters moved, seconded by Trustee Bushy to direct the Village Attorney to prepare the necessary documentation for the requested variations including the location of one ground sign subject to the condition of the continued use of the property as a Nursing Home. Roll Call Vote: Ayes: 6-Trustees Bartecki, Bushy, Maher, Payovich, Rush and Winters Nays: 0-None Absent: 1-President Cerne Motion Carried. D. Purchasing - Golf Pro Shop Merchandise: Trustee Maher moved, seconded by Trustee Bushy to approve purchases of $117,661.24 for merchandise for resale in the Golf Pro Shop. Roll Call Vote: Trustee Bartecki not present at time of vote Ayes: 5-Trustees Bushy, Maher, Payovich, Rush and Winters Nays: 0-None Absent: 1-President Cerne Motion Carried. E. Open Forum: Trustee Payovich stated the County approved $900,000.00 for a study of r purchasing the Elmhurst Quarry Reservoir for stomwater detention area VILLAGE OF OAK BROOK Minutes -4- November 27, 1990 a Co F O4k a `P #x900. L s� W o _.. `2 10 le FCOUN14, VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990-3000 November 15, 1990 MEMO TO: Village President & Board of Trustees SUBJECT: Oak Brook Nursing Homes - Variations 2013 Midwest Road Oak Brook Nursing Home has proposed construction of a 13,000 sq. ft. addition adding ten beds for a total of 148 beds within the structure. Building Department policy is such that, when major building renovations of this type are proposed, all existing non-conformities regarding parking and loading berths either need to be brought up to code or receive necessary variations to allow their continuance. The proposed addition itself requires no variation. The Zoning Board of Appeals, at its meeting of November 6, 1990, recommended approval of the following five variations: 1. A variation from Section XI(D) (7) to reduce the required number of off-street loading berths from 3 to 1. 2. A variation from Section XI(D) (2) to reduce the size of the one loading berth from 12' x 55' to 18' x 201 . 3. Variations from Section XI(E) (7) to reduce the northerly required side yard adjacent to off-street parking spaces from 10' to 51 , and on the southerly required side yard, from 10' to 41 . 4. A variation from Section XI(E) (7) to reduce the required easterly rear yard for off-street parking spaces adjacent to a residential district from 40' to 71 . 5. A variation from Section XI(E) (3) to permit a parking aisle to the rear of the property to be 19' in width instead of the 27' requirement. A sixth variation requested was from the provisions of Section VIII(B) (5) , and by reference, VIII(C) (5) (h) to permit construction of two entrance ground signs on a lot less than 3 acres in area. The existing development has a ground sign which was legally constructed when the property comprised more 1 i-77--'� 0 �� i • Oak Brook Nursing Home - 2 - November 15, 1990 than 3 acres. However, since that time, the property was subdivided and presently contains 2.4 acres. As a part of the proposed addition and renovation of the property, the existing ground sign would be removed and as such, construction of a replacement ground sign requires a variation. Section VIII(C) (5) (h) of the ordinance only allows one ground sign on lots greater than 3 acres in area. The nursing home, aside from requesting one ground sign, has requested 2 ground signs, located on both sides of the main entrance drive. The Zoning Board recommended denial of 2 ground signs, but recommended that a single ground sign would be appropriate since the property presently has a ground sign and that any building wall signs (the only other type allowed for this property) would not be readily visible from the street. Respectfully submitted, � LQ� Stephen Ber ey Village Manager Bruce F. Kapff Assistant to Village Manager BFK:sps /3 • �OF Oqk • B PG 90 v 9C�coura l`v V1 LLAG E OF OAK B IZOO K 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 November 16, 1990 708 990.3000 Village President & Board of Trustees VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, IL 60521 Re: Oak Brook Nursing Home, Variations 2013 Midwest Road Dear Mr. President & Board of Trustees: The Zoning Board of Appeals, at its meeting of November 6, 1990, considered a request for variations in conjunction with planned building and site modifications. A motion was made by Member Shumate, seconded by Member Crouch, to recommend approval of the following variations: 1. A variation from Section XI(D) (7) to reduce the required number of 1 off-street loading berths from 3 to 1. I 2. A variation from Section XI(D) (2) to reduce the size of the one loading berth from 12' x 55' to 18' x 201 . 3. Variations from Section XI(E) (7) to reduce the northerly required side yard adjacent to off-street parking spaces from 10' to 51 , and on the southerly required side yard, from 10' to 41 . 4. A variation from Section XI(E) (7) to reduce the required easterly rear yard for off-street parking space adjacent to a residential district from 40' to 7' . 5. A variation from Section XI(E) (3) to permit a parking aisle to the rear of the property to be 19' in width instead of the 27' requirement. This recommendation is based on the following findings of fact: 1. Approval of these variations will not alter the essential character of the locality. 2. The requested variations would not be generally applicable to other properties. . �a Oak Brook Nursing Home - 2 - November 16, 1990 3. Granting of the variations will not be detrimental to the public welfare or injurious to other properties in the neighborhood. This motion was approved on a roll call vote of six ayes, Members Crouch, Herman, Kenny, Martinello, Shumate and Chairman Savino; zero nays, and no members absent. A motion was made by Member Shumate, seconded by Member Herman, to recommend denial of the requested variation from Section VIII(B) (5) , and by reference, Section VIII(C) (5) (h) , to permit construction of two entrance ground signs on a lot less than three acres in area based on the following findings of fact: 1. The property is able to yield a reasonable return if the variation is denied. 2. The request for two ground signs is not based on unique circumstances. 3. Approval of the variation could alter the essential character of the locality and set precedent for other properties in the area. This motion was approved on a roll call vote of six ayes, Members Crouch, Herman, Kenny, Martinello, Shumate and Chairman Savino; zero nays, and no members absent. A motion was made by Member Kenny, seconded by Member Martinello, to recommend approval of a single ground sign based on the following findings of fact: 1. The property is unique since it presently has one ground sign, and a sign placed on the building. would not be readily visible from the street. 2. Approval of this variation would not alter the essential character of the area since it is basically a commercial district. This motion was approved on a roll call vote of four ayes, Members Crouch, Kenny, Martinello, and Chairman Savino; two nays, Members Herman and Shumate, and no members absent. II Sincerely, i Alfred P. Savino Chairman Zoning Board of Appeals 4. The variation requested is not made in order to generate more money from the property. 5. The particular hardship was not created by any person presently having an interest in the property. ROLL CALL VOTE: Ayes: (4) Members Kenny, Martinello, Shumate, and Chairman Savino Nays: (2) Members Crouch and Herman Absent: (0) MOTION CARRIED ... IV. OAK BROOK NURSING HOME, VARIATIONS - 2013 MIDWEST ROAD Steve Sussholz, architect, addressed the variations requested relating to the construction of at addition adding ten rooms to the existing nursing home. A motion was made by Member Shumate, seconded by Member Crouch, to recommend approval of the following variations: 1. A variation from Section XI(D) (7) to reduce the required number of off-street loading berths from 3 to 1. 2. A variation from Section XI(D) (2) to reduce the size of the one loading berth from 12' x 55' to 18' x 201 . 3. Variations from Section XI(E) (7) to reduce the northerly required side yard adjacent to off-street parking spaces from 101 to 51 , and on the southerly required side yard, from 10' to 41 . 4. A. variation from Section XI(E) (7)- to reduce the required easterly rear yard for off-street parking space adjacent to a residential district from 40' to 7' . S. A variation from Section XI(E) (3) to permit a parking aisle to the rear of the property to be 19' in width instead of the 27' requirement. This recommendation is based on the following findings of fact: 1. Approval of these variations will not alter the essential character of the locality. 2. The requested variations would not be generally applicable to other properties. 3. Granting of the variations will not be detrimental to the public welfare or injurious to other properties in the neighborhood. ZONING BOARD OF APPEALS Minutes - 2 - November 6, 1990 • /O ROLL CALL VOTE: Ayes: (6) Members Crouch, Herman, Kenny, Martinello, Shumate and Chairman Savino Nays: (0) Member Shumate Absent: (0) MOTION CARRIED . . . A motion was made by Member Shumate, seconded by Member Herman, to recommend denial of the requested variation from Section VIII(B) (5) , and by reference, Section VIII(C) (5) (h) , to permit construction of two entrance ground signs on a lot less than three acres in area based on the following findings of fact:. 1. The property is able to yield a reasonable return if the variation is denied. 2. The request for two ground signs is not based on unique circumstances. 3. Approval of the variation could alter the essential character of the locality and set precedent for other properties in the area. ROLL CALL VOTE: Ayes: (6) Members Crouch, Herman, Kenny, Martinello, Shumate and Chairman Savino Nays: (0) Absent: (0) MOTION CARRIED .. . A motion was made by Member Kenny, seconded by Member Martinello, to recommend approval of a single ground sign based on the following findings of fact: 1. The property is unique since it presently has one ground sign and that a sign placed on the building would not be readily visible from the street. 2. Approval of this variation would not alter the essential character of the area since it is basically a commercial district. ROLL CALL VOTE: Ayes: (4) Members Crouch, Kenny, Martinello and Chairman Savino Nays: (2) Members Herman and Shumate Absent: (0) ZONING BOARD OF APPEALS Minutes - 3 - November 6, 1990 • v�of pqK& vP �O G x 2 kt v 9C COUN.l `v VILLAGE. O F OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 November 1, 1990 708 990-3000 MEMO TO: Zoning Board of Appeals SUBJECT: Oak Brook Nursing Home - Variations 2013 Midwest Road Oak Brook Nursing Home has proposed construction of a 13,000 sq. ft. addition which will add 10 beds for a total of 148 beds within the structure. Our Building Department's policy has been that, at such time as major building renovations of this type are proposed, all existing non-conformities need to either be brought up to code or receive the necessary variation. The proposed addition itself requires no variations; however, the following variations have been requested which deal with various items elsewhere on the site: Variation from Section XI(ll)(7) to reduce the required number of / off-street loading berths from 3 to 1. The one existing loading berth is V/ located at the rear of the property. Section XI(D)(7) requires 3 loading berths for non-office buildings with 40,000 to 100,000 sq. ft. floor area. The subject building will comprise approximately 54,000 sq. ft. // following the addition. "2. A variation from Section XI(D)(2) to reduce the size of the one loading berth from a minimum of 12' wide x 55' in length to 18' x 20' . 3. Variations from Section XI(E)(7) to reduce the northerly required side yard adjacent to off-street parking spaces from 10' to 5' and reduce the southerly required side yard from 10' to 4' . As indicated on the enclosed site plan and plat of topography, the existing driveway along the north edge of the lot will be widened in order to add 34 parking spaces. Parking at the nursing home is presently in the center of the property where the proposed addition will be located. The parking area at the southeast corner of the lot is presently 4' from the southerly lot line and will not be modified to meet the 10' requirement. 4. A variation from Section XI(E)(7) to reduce the required easterly rear yard for off-street parking spaces adjacent to a residential district from 40' to 7' . The parking area to the rear of the lot is adjacent to a Oak Brook Nursing dome 2 November 1, 1190 residentially zoned district within the City of Oakbrook Teri-ace. This parking area is riot proposed to be modified, but rather will maintain its approximate V separation. A variation from Section VIII(E)(5) , and by reference VIII(C)(5)(h) to permit construction of 9., ground sign on a lot less than 3 acres in area. The existing property has a ground sign adjacent to Midwest Road. This ground sign was constructed in conjunction with the original development at which time the property exceeded 3 acres. Subsequent to the initial development, this property was subdivided and presently contains 2.4 acres. All that would be allowed on this property would be signs mounted an the building. The existing sign is proposed to be eliminated and replaced by new building identification signs on each side of the major entrance noted on the site plan. Respectfully y jtes submitted, I brace F. Kapff Ass.isLani to Viilage nager BFK:sps cc: Mr. Steven Sussholz SHAYMAN & SALK CO. 630 Dundee Road Suite 110 Northbrook, IL 60062 See. X111 OAK 3ROOK CODE give due notice thereof to parties and shall decide the appeal within reasonable time. The Board may reverse or affirm, wholly or partly, or may modify the order, requirement or decision or determina- tion as in its opinion ought to be made on the premises and to that end has all the powers,of the official from whom the appeal is taken. (4) Decisions: All decisions, after hearing of the Zoning Board of Appeals on appeals from an administrative order, requirement, decision, or determination of the Building Inspector or other authorized official of the Village of Oak Brook, shall, in all instances, be final administrative determinations and shall be subject to judicial review only in accordance with applicable Statutes of the State of Illinois. (G) Variations. (1) Authority: The Board of Trustees shall decide all applications for variations of the provisions of this ordinance after a public hearing held before the Zoning Board of Appeals on such notice as shall be required by the Illinois Statutes. The Zoning Board of Appeals shall hold public hearings upon all applica- tions for variations and shall report its recommenda- tions to the Board of Trustees as to whether a requested variation would be in harmony with its gen- eral purpose and intent, and shall recommend a varia- tion only where it shall have made a finding of fact specifying the reason or reasons for recommending the variations. Such findings shall be based upon the stand- ards prescribed in Section XIII G4 of this ordinance. No variation shall be granted by the Board of Trustees without such findings of fact. In the case of a variation where the Zoning Board of Appeals fails to recommend the variation, it can only be adopted by an ordinance with the favorable vote of two-thirds of the Trustees. (2) Initiation: An application for a variation shall be in triplicate and may be made by any governmental 966 • APPENDIX A—ZONING Sec.XDI office, department, board, bureau or commission, or by any person, firm or corporation having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, or any exclusive possessory interest applicable to the land or land and improvements described in the application for a variation. (3) Processing. An application for a variation shall be Sled with the Village Clerk who shall forward one copy of such application to the Zoning Board of Appeals for processing in accordance with applicable Statutes of the State of Illinois and one copy to the Board of Trustees. (4) Standards: (a) The Zoning Board of Appeals shall not recom- mend a variation of the provisions of this ordinance 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: (1) The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regula lions governing the district in which it is located. (2) The plight of the owner is due to unique circumstances. (3) The variation, if granted, will not alter the essential character of the locality. (b) For the purpose of supplementing the above standards, the Zoning Board of Appeals, in making the determination whether there are practical difficulties or particular hardships, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence that: 967 Sec.%III OAK BROOK CODE (1) The particular physical surroundings, shape, or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distingmshed from a mere inconvenience if the strict letter of the regulation were to be carried out. (2) The condition upon which the petition for variation is based would not be applicable generally to the other property within the same zoning classification. (3) 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 lo- cated. (4) 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 imps property values within the neighborhood. (5) That the purpose of the variation is not based exclusively upon a desire to make more money out of the property. (6) That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. (c) The Zoning Board of Appeals may recommend and the Board of Trustees may require such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in tbis section to reduce or minimize the injurious effect of such variation upon other property in the neighbor- hood, and to implement the general purpose and intent of this ordinance. (5) Unauthorized Variations: The variation procedure shall in no case be used to accomplish a result which 968 S APARIX A—ZONING SM%III could otherwise be achieved by a rezoning of the Property involved, such as, but not limited to, establishment or expansion of a use not permitted in a residence district; authorizing the construction of residences in other than residence district nor authorizing other than single-family detached res. idences in the R1, R2, R3 and R4 Districts. (6) Be-applications Any person, firm, or corporation having been denied a variation to the Zoning Ordinance respecting a specific parcel of property may not reapply for a like variation on said real property until the period one (1) year has elapsed since the denial of the application for variation by the President and Board of Trustees. (Ord. No. G137, 9.14.71) (ED Plan Commission. Jw isdicdom The Plan Commission of the Village, which has been duly established with functions as prescribed by the Illinois Statutes, is the Plan_- Commission referred to in this ordinance, and shall have the following duties under this ordinance: (1) Receive from the Village Clerk copies of applications for proposed amendments and thereafter may submit its recommendations thereon to the Zoning Board of Appeals and Board of Trustees. (2) Receive from the Building Inspector copies of applica. lions for proposed Special Uses and thereafter submit its recommendations thereon to the Building Inspector and Board of Trustees. (3) Act on all other matters which are referred to it as required by the provisions of this ordinance. (4) Review, from time to time, the provisions of this ordinance and to make reports of its recommendations with respect to proposed amendments to the Board of Trustees. 969 I 3 i 12 _ -Secb' Chicago i hbanfY;tv�orlday, detotier 22,9890 D ---- ----- --- ---------- - - - - ----- - -- - LEGAL NOTICE VILLAGE OF OAK BROOK DU PAGE AND COOK COUNTIES,ILLINOIS NOTICE OF PUBLIC HEARING NOTICE IS HEREBY,Gh/M that a public hearing before the Zoning Board of Appeais of the Village of Oak Brook, DUPage and Cook Counties, Illinois,will be held on Novem- ber 6 1990, at 7:30 p.m. in the dak Brook Village Hall, 1200 Oak Brook Road,Illinois, for the purpose of consldl"r the application of the Oak Brook Nursing Home for varia- tions as provided under Sec- tion XIII(G) of the Zoning Ordinance of the Village of Oak Brook, Illinois, Ordhence G-60,as amended. Variations from the folkswim I Sections of the Zoning Ordi- nance are requested: 1) A variation from the provisions of Section XI(D)(7) to reduce the required number of off- street loading berths from three(3)to one(1);2)A vari- ation from the provisions of Section XI(D)(2)to reduce the size of the one provided off- street loading berth from a minimum of 12 feet wide by 5S feet in length to 18 teat by 20 feet;3)Variations from the provisions of Section KHOO) to reduce the northerly required side yard ad)aaent to off-street parking spaces from ten (10)feet to live(5)het and to reduce the southerly required side yard from 1 feet to 4 het;4)A variation from the provisions of Section XKEX7)to reduce the required *wtwW rear yard for off-street perkMq spaces adjacent to a residential district from forty (40)het to seven(7)het;5 A variation from the provisions of Section VIII(E)(5)and by ref- erence,$action V111(0(5)(h) to permit construction of a ground sign on a lot less than noes In area,and 6)A varl teas from the provi of Section XI(E)(3) to permrm it a parking able 19 feet M width Insteed of the 27-foot require- The property may be generally desvlbed as 2013 Midwest Road,Oak Brook,lllkdos,and the legal description K as fol- lows. The southerly 300 feet of Lot 1 In Butler Mohlman Subdivision,being a subdivi- oosion East half the Southwest Quarter of Section 22, Township 39 North,Range 11 East of the Third �eH Meriden �01 Me 28 1969;as Document R69-13271, In Dupage CouMV, IL Pena- nent Parcel No. 06-22-303-035. All persons desiring to be heard in support of or in opposition to the proposed variations or any provision thereof, will be afforded an submit VnNr Statteem%rn ormy or In writing or both. The hearing may be recessed to another date It notice of time and place thereof Is publicly announced at the hearing or is given by newspaper publica- tion riot less than live(5)days prior recesso acing. a of the Unda Gornella Village Clerk -Published at the direction of .�the Corporate Authorities and the Zoning Board of Appeals of the Village of Oak Brook, Dupege and Cook Counties, Illinois. E OF Oqk ® t, FCOUNt�' VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 October 17, 1990 708 990-3000 Dear Resident: The Oak Brook Zoning Board of Appeals, and the Village Board will be considering: Preliminary Plat Final Plat X Variations Special Use Zoning Amendment at the meetings as scheduled on the reverse side of this notice. The application has been filed by: Oak Brook Nursing Home Relationship of Applicant to Property: Owner The property in question is situated at: 2013 Midwest Road Also shown on the reverse side is a map of the area to assist you in determin- ing your relationship to the property in question. The request which has been made is as follows: (1) To reduce the required number of off-street loading berths from 3 to 1; (2) To reduce the size of the one provided off-street loading berth from a minimum of 12' wide x 55' in length to 18' x 20' ; (3) To reduce the northerly required side yard adjacent to off-street parking spaces from 10' to 5' and to reduce the southerly required side yard from 10' to 4' ; (4) To reduce the required easterly rear yard for off-street parking spaces adjacent to a residential district from 40' to 7'; (5) To permit construction of a ground sign on a lot less than 3 acres in area. (6) To permit a parking aisle 19 feet in width instead of the 27-foot requirement. If you desire more detailed information, please contact me at the Village Hall to review the file on this application. I look forward to your attendance at the public meetings. Sincerely yours, Bruce F. Kapff Assistant to Village Manager bfk:sps All meetings are held in the Samuel E. Dean Board Room of the Oak Brook Village Hall, on Oak Brook Road (31st Street) and Spring Road, Oak Brook, Illinois. Zoning Board of Appeals . . . . . . . . . . . . . . 7:30 p.m. Tuesday November 6, 1990 Board of Trustees Meeting . . . . . . . . . . . . 7:30 p.m. Tuesday November 27, 1990 MAP OF AREA p a 119 R 4rO� 2001 vt t o t rpm T w.. R 13 �+ t `yV trM l l d 7.+011 r� O �� 2111 KAM*^ 110 211L STREET 22nd 2525 2425 2311 - 2361 2205 � 2121 2105 2001 t9 01 2IOd 2110 Nwo V I LL AG E O F O A K B RO O K ZONING ORDINANCE FLOOD PLAIN 1200 OAK BROOK ROAD Appeal Q variation OAK BROOK, IL 60511 $100 $300 990-3000 xQ Variation Q special Use $300 $675 APPLICATION YOR PUBLIC HEARD Asendeent TO 8E FILED I= YILLAGS QWX $650 special U" $400 ALL APPLICATIONS MUST BE ACCOMPANIED BY PROPER FEE, PLAT OF SURVEY, AND 18 COPIES OF A SCALE DRAWING, SHOWING ALL PERTINENT APPLICABLE INFORMATION; i.e. , PROPERTY LINES, EXISTING BUILDINGS, LOCATION OF PROPOSED CONSTRUCTION, ANY BUILDINGS ON ADJACENT PROPERTY WITHIN 100 FEET OF SUBJECT PROPERTY. DO NOT MUTE IN MIS SPACE -- FOR OFFICE USE ONLY Date Filed: 9D Board of Trustees Referral: Notice Published: /O- 17 -'70 Newspaper: 'P70 i y ax Date Adjacent Property Owners Notified: staff Referral: Public Hearing Dates: Plan Commission: y Zoning Boards Board of Trustees: -Z 7'90 Board of Trustees: (Approval of Ordinance) FEE PAID: $ OD Receipt No. -70611 Received By: \ • L 2�a�.cP � h Q�,. Village Clerk APPLICANT TO COMPLETE LOCATION OF SUBJECT PROPERTY: PERNANENT PARCEL NO. LOT NO. 1 SUBDIVISION: 8 ADDRESS: 2013 LQW -cT non ZONING: __ ZONING ORDINANCE SECTION; XI OFF-STREET PARKING ACTION REQUESTED: (1) TO REDUCE 10'=0" LANDSCAPE SIDE YARD FOR PARKING TO 5'-0". (2) REAR PARKING TO REMAIN AS NOW EXISTING SEC. XI (E) OFF-STREET PARKING PAR. (7) (i) PAGE 943 *See Exhibit 'A' Attachment for additional requested action PROPERTY INTEREST OF APPLICANT: OWNER Q CONTRACT PURCHASER Q AGENT".25., OAK BROOK NURSING HOME OWW(S) OF RECORD AN ILLINOIS PARTNERSHIP pHOI(E NO. 312-583-7271 IN CARE OF MORRIS ESFORMIS ADDRESS 3322 W. PETERSON AVE. , CHICAGO, 14._. ZIP 60659 BENEFICIARY(IES) OF TRUST OAK BROOK NURSING HOME PHONE NO. 312-583-7271 IN CARE OF MORRIS ESFORMIS ADDRESS 3322 W. PETERSON AVE. , CHICAGO, IL ZIP 60659 STEVEN E. SUSSHOLZ NANB OF APPLICANT SHAYMAN AND SALK CO. PHONE NO. 7081564-8333 ADDRESS 630 DUNDEE ROAD SUITE 110 NORTHBROOK, IL ZIP 60062 I (we) certify that all of the above -statements and the statements contained in any papers or plans submitted herewith are true to the beat of may (our) knowledge and belief. a -2J-90 (Signature) Applicant"' Date (Signature) Applicant Diet , NOTICE TO APPLICANTS Filing Schedule - Available on Request A Variation is a zoning adjustment which permits minor changes of district requirements where individual properties are both harshly and uniquely burdened by the strict application of the law. The power to vary is restricted and the degree of Variation is limited to the minimum change necessary to overcome the inequality inherent in the property. 1. A Variation recognizes that the same district requirements do not affect all properties equally; it was invented to permit minor changes to allow hardship properties to enjoy equal opportunities with properties similarly zoned. You must prove that your land is affected by special circumstances or unusual conditions. These must result in uncommon hardship and unequal treatment under the strict application of the Zoning Ordinance. Where hardship conditions extend to other properties, a Variation cannot be granted. The remedy for general hardship is a change of the map or the text of the Zoning Ordinance. 2. You must prove that the combination of the Zoning Ordinance and the uncommon conditions of your property prevents you from making any reasonable use of your land as permitted by your present zoning district. Since zoning regulates land and not people, the following conditions cannot be considered pertinent to the application for a Variation: (1) proof that a Variation would increase the financial return from the land, (2) personal hardship, (3) self-imposed hardship. In the last case, the recognition of conditions created after the enactment of the Zoning Ordinance would encourage and condone violation of the lw. 3. No Variation may be granted which would adversely affect surrounding property or the general neighborhood. All Variations must be in harmony with the intent and purposes of the Zoning Ordinance. Names of Surrounding Property Owners Following are the names and addresses of surrounding property owners from the property in question for a distance of 250 feet in all directions, and 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 appear from the authentic tax records of this County. MANE ADDRESS INLAND REAL ESTATE CORP. 2901 BUTTERFIELD RD., OAKBROOK, IL 60521 EQUITEC PROPERTY CO. (MIDWEST PLAZA CENTER) 7677 OAKPORT ST. , OAKLAND, CA 94614 HARRIS TRUST SAVINGS (MIDWEST PLAZA SOUTH) 111 iq. MONROE ST., CHICAGO, IL 60603 ' CHARLES C. PODLESAK 60181 l_S. 57.6 NIMITZ DR..- OAK BROOK TERR_ , it. PAUL i SUSAN ZUBINSKI 1 S. 586 NIMITZ DR.., OAK BROOK TERR. , 60181 OAK BROOK TERRACE COMM. DIST. J. S. 325 ARDHORE AVE., V1LI.A PK, , IL r LAKESIDE BANK (CHINA TERRACE) 141 w. JACKSON BLVD., CHICAGO, IL 60604 60521 BROWN i PERTILLO, INC. (BROWN'S CHICKEN) 2311 W. 22ND. ST.,RM.200, OAK BROOK, IL AMERICAN NATIONAL BANK 33 NORTH LASALLE ST., CHICAGO. IL 60690 OAK BROOK TERRACE PARK DISTRICT 1 S. 325 ARDMORE AVE., VILLA PK., IL0181 60181 FRANK DiTORIO 1 S. 570 NIMITZ DR., OAK BROOK TEM., IL 1 SHAYMAN AND SALK CO. BENJAMIN SLUM S N ARTHUR PHLLIP ALK STEVEN SUSSHO L2 A R C H I T E C T S MICHAEL CRAIG ARENSON H. KENDALL PETERSON 630 DUNDEE ROAD • NORTHBROOK, ILLINOIS 60062 • 708-564-8333 FAX 708-564-9989 EXHIBIT 'A' OAR BROOK HEALTHCARE CENTRE APPLICATION FOR PUBLIC HEARING ZONING ORDINANCE VARIANCE 3. Allow existing single loading berth to remain in lieu of three (3) berths - Section XI D2 and D7b. 4. Permit building identification signs on proposed new front light standards in lieu of existing free-standing sign - Section VIII C5g. A M E R I C A N I N S T I T U T E OF A R C H I T E C T S • N. C. A. R. B. C E R T I F I C A T E SHAYMAN AND SALK CO. BENJAMIN AN ARTHUR PHSLUM ILLIP SALK A R C H I T E C T S STEVEN SUSSHOLZ MICHAEL CRAIG ARENSON H. KENDALL PETERSON 630 DUNDEE ROAD • NORTHBROOK, ILLINOIS 60062 • 708-564-8333 • FAX 708-564-9989 October 11 , 1990 r Mr. Bruce Kapff VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook , IL 60521 RE: ZONING VARIANCE OAK BROOK HEALTHCARE CENTRE 2013 MIDWEST RD. OAK BROOK, IL PROJECT NO. 8930 Dear Mr. Kapff: Enclosed please find a revised application for Public Hearing revising the data relative to the requested zoning variances. Please substitute this application form for the application previously submitted. In addition, we are enclosing eighteen ( 13 ) copies of the revised proposed Site Plan. Kindly notify our office as soon as possible as to the time and data of our Zoning Variance Hearing. Very truly yours , :SHAYMAN AND SALI CO. Steven E. Sussho z cc: Mrs. Cynthia Chow Mr. Laurence lung SES :kmb 9930ocll . 1 AMERICAN INSTITUTE OF ARCH ITECTS • N. C. A. R. S. C E R T I F I C A T E peed Letter. To From Mari&e Lakosil, Assistant to Building Commissioner Subject OAK BROOK HEALTHCARE CFNTFR AppTTTnu _ 2013 MTpWFem DnnT --NO 9A 10 FOLD The Driveway Entrance detail is treated as a landscaping light Standard. This style of masonry detail is consistant with past permits and it is used extensively in residential areas. Itlis located on private property and its' purpose is to illuminate and enhance the driveway. The Bureau of Inspections can handle this as a Permit item No other action is necessary. Date 10/11/90 Signed --NO`+FOLD i - Date Signed WilsonJones GRAVLINE FORM 44-902 3-PART c'983•P9 I NTED I NUSA — - - —" - - 86 SHAYMAN & SALK CO. ARCHITECTS - ENGINEERS 30214 630 DUNDEE RD. NORTHBROOK. ILLINOIS 60062 FPAY SEPT. 21 2-414 - 19 0 710VILLAGE OF OAK BROOK $ 300.0DOLLARS The SHAYMAN & SALK CO. �` National Security Bank&k. PRES. _ TREAS. FOR OAK BROOK NURSING CENTRE ZONING APPEAL 11403021411■ 1:0710041451: 00793��1696911'02 CHECKS S CASH RECEIPT DATE NAME DESCRIPTION RECEIVED NUMBER BY: T INVALID VILLAGE OF OAK BROOK WITHOUT SIGNATURE • 1200 OAK BROOK ROAD 70611 OAK BROOK, ILLINOIS PHONE: (312) 990-3000 AIN THIS RECEIPT Zw'' 1 YOUR RECORDS 3 BUSINESS SYSTEMS Ordinance S- 707 Granting Variations to Oak Brook Nursing Home 2013 Midwest Road Page 2 Section 2: That the variations are hereby granted from the above provisions of the Zoning Ordinance of the Village of Oak Brook as set forth in the preamble on the condition that the above variations shall last only so long as the property is used according to its present use as a nursing home; Section 3: That the variations are hereby granted subject to substantial conformity with the Site Plan, prepared by�"Shayman & Salk Co. , dated October 11, 1990, a copy of which is attached hereto labelled "Exhibit A" and hereby made a part hereof. Section 4: That the variations herein granted pursuant to this Ordinance are limited to the property hereinabove described located at 2013 Midwest Road, which property is legally described as: The southerly 300 feet of Lot 1 in Butler Mohlman Subdivision, being a subdivision of part of the East half of the Southwest Quarter of Section 22, Township 39 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded May 28, 1969, as Document R69-23271, in DuPage County, IL. Permanent Parcel No. 06-22-303-035. Section 5: That this Ordinance shall be in full force and effect from and after its passage and approval pursuant to law. PASSED THIS 11th day of December , 1990. Ayes: Trustees Bartecki, Bushy, Maher, Payovich, Rush and Winters Nays: None Absent: President Cerne Abstain: None APPROVED THIS 11th day of December 199 /�� Village resident ATTEST: Vf1lag6 Clerk ed a orm: 7Vi lage At o ney Published 12-12-90 Pamphlet form Date Paper Not Published