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S-550 - 01/08/1985 - VARIATION - Ordinances ORDINANCE NO. S- 550 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK, ORDINANCE NO. G-60-, AS AMENDED. RELATIVE TO REAR YARD DEPTH (515 Acorn Hill Lane) WHEREAS, on August 22, 1984 an application was filed with the Village of Oak Brook requesting a variation from the provisions of Section VII(D)(8)(c) of the Zoning Ordinance of the Village of Oak Brook to allow construction of an addition which would intrude approximately 19 feet into the required 60-foot rear yard at the property commonly known as 515 Acorn Hill Lane; and WHEREAS, on September 11, 1984 the corporate authorities referred the application to the Zoning Board of Appeals for public hearing on the variation request; and WHEREAS, at the conclusion of its public hearing on December 4, 1984, held pursuant to notice, the Zoning Board of Appeals recommended to the Village Board that the request for a variation be granted, for the reason that the ravine which cuts diagonally through the subject property presents a unique circumstance and hardship and further the variation would not alter the essential character of the locality; and WHEREAS, the corporate authorities have considered the recommendation and findings of the Zoning Board of Appeals and deem the foregoing requested variation to be consistent with the spirit and intent of the Oak Brook Zoning Ordinance, in light of the unique circumstances attendant to the subject property. 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 2s That a variation is hereby granted from the provisions of Section VII(D)(8 c of the Zoning Ordinance of the Village of Oak Brook to permit the construction of an addition located approximately 41 feet from the rear lot line of the below described property, subject to the conditions enumerated in Section 3 of this Ordinance. Section 3: That the variation herein granted is specifically subject to the conditions: (a) That the proposed addition be constructed in substantial conformity with the site plan which was received by the Village on August 22, 1984 and was submitted into evidence; (b) That this variation ceases upon casualty loss, removal, or destruction of the proposed addition. Section 4: That this Ordinance is limited and restricted to the property located at 515 Acorn Hill Lane, Oak Brook, Illinois, which property is legally described as: Lot 1 of Reuben's Subdivision of Lot 2 in Soukup' s Subdivision of a portion of the Southwest Quarter of Section 35, Township 39 North, Range 11, East of the Third Principal Meridian, according to the Plat of said Reuben' s Subdivision recorded March 29, 1976, as Document R76-17733, in DuPage County, AMENDMENT TO NOTE ON REUBEN'S SUBDIVISION WHEREAS, the Plat for Reuben's Subdivision was recorded on March 29, 1976 with the DuPage County Recorder of Deeds as document number R76-17733; and WHEREAS, the following note appears on said Plat of Reuben' s Subdivision: "NOTE: The Subdivision of this parcel is subject to the following: Lot 1 may be improved so long as no variation of lot area, bulk regulation or other provision of the ordinances, codes, rules and regulations of the Village of Oak Brook in effect on February 26, 1976 shall be required. Notice is given that Lot 1 contains certain physical constraints rendering it less amenable to development under the ordinances, codes, rules and regulations of the Village of Oak Brook, Illinois"; and WHEREAS, at their December 11, 1984 meeting, the corporate authorities of the Village of Oak Brook authorized the Village President and Village Clerk to execute an amendment to said note which deletes the first sentence. NOW, THEREFORE, the above note to the Plat of Reuben's Subdivision is hereby amended to read as follows: "NOTE: Notice is given that Lot 1 contains certain physical constraints rendering it less amenable to development under the ordinances, codes, rules and regulations of the Village of Oak Brook, Illinois." DATED this 8th day of January, 1985. VILLAGE OF OAK BROOK, A Municipal Corporation BY: Pre "ident ATTEST: Village Clerk I' ,`vvPbb OF OqK e900P G � 4 `rC 9C�COUN14.`��. VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 January 9, 1985 Mr. John Vostal 799 Roosevelt Road Glen Ellyn, Illinois 60137 Re: Michael Birck - Rear Yard Variation 515 Acorn Hill Lane Dear Mr. Vostal: The Village Board at its meeting of Tuesday, January 8, 1985 considered an ordinance authorizing a rear yard variation for the above-referenced property. After careful consideration the Village Board passed and approved Ordinance No. S-550 approving the requested variation. As such, this completes the procedures necessary and you may now- make the necessary applications for building permits to begin the construction contemplated in the variation. Upon the processing of the Ordinance we will of course forward a copy of same to you for .your records. Sincerely, J hn; H. Brechin Village Manager JHB/cak cc: Bruce F. Kapff - Assistant to Village Manager James E. Clark - Building Commissioner p-Marianne Lakosil - Assistant to Building Commissioner I, VILLAGE OF OAlt BR06K NOTE : * Indicates Cancelled 1200 Oak Brook Road ** Indicates Added to Agenda Oak Brook, Illinois 60521 *** Indicates Deletion Revision Date : N 0 T I C E December , 1984 TUESDAY, REGULAR ZONING BOARD OF APPEALS MEETING 7 : 30 P .M. December 4 , 1984 Village Commons - Samuel E . Dean Board Room AGENDA 1 . Roll Call 2 . Approval of Minutes 3 . Harbco - Parking and Yard Variations (607 Harger Road) 4 . Boden ' s Lake Doran - Special Use Flood Plain V Michael Birck - Rear Yard Variation (515 Acorn Hill Lane) 6 . I . C . Harbour/Boy Scouts - Variations (601 , 607 Harger Road) 7 . I . C . Harbour/Boy Scouts - Flood Plain Special Use (601, 607 Harger Road) MONDAY , , COMMITTEE-OF-THE-WHOLE MEETING 7 : 30 P .M. December 10 , 1984 Village Commons - Samuel E. - Dean Board Room TUESDAY, REGULAR BOARD OF TRUSTEES MEETING 7 : 30 P .M. December 11 , 1984 Village Commons - Samuel E. Dean Board Room MONDAY, REGULAR PLAN COMMISSION MEETING 7 : 30 P .M. December 17 , 1984 Village Commons - Samuel E . Dean Board Room AGENDA 1 . Roll Call 2 . Approval of Minutes 3 . Boden ' s Lake Doran - Final Plat 4 . Boden ' s Lake Doran - Special Use Flood Plain 5 . I . C . Harbour/Boy Scouts - Flood Plain Special Use (601 , 607 Harger Road) 6 . Lebbin ' s Resubdivision - Final Plat TUESDAY, REGULAR BOARD OF TRUSTEES MEETING 7 : 30 P .M. December 25 , 1984 Village Commons - Samuel E . Dean Board Room Item #3 on the Zoning Board of Appeals agenda was published in the Oak Brook DOINGS on June 14 , 1984 Item X64 on the Zoning Board of Appeals agenda and Item #4 on the Plan Commission agenda was published in the Oak Brook DOINGS on September 6 , 1984 Item #5 on the Zoning Board of Appeals agenda was published in the Oak Brook DOINGS on September 13 , 1984 Item #6 on the Zoning Board of Appeals agenda was published in the Oak Brook DOINGS on November 8 , 1984 Item #7 on the Zoning Board of Appeals agenda and Item #5 on the Plan Commission agenda was published in the Oak Brook DOINGS on November 8 , 1984 • Cad OF..OAk B p 9 01 G p 0 2 �COUNI VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 September 25, 1934 MEMO TO: Zoning Board of Appeals FROM: Bruce F. Kapff, Assistant to Village Manager SUBJECT: Michael Birck - Rear Yard Variation (515 Acorn Hill Lane) APPLICATION IN GENERAL Michael Birck, as current .owner of the property, has made application to construct an addition to his house which will extend approximately 19 feet into the 60-foot required rear yard. The exact location of the addition as well as site 'topography is noted on the Architectural Plans prepared by John L. Vostal, received August 22, 1984. HISTORY The subject property is Lot 1 of Reuben's Subdivision created March 29, 1976. In the Village's review of the Reuben Subdivision, the Village required inclusion of the following note on the Subdivision Plat: "NOTE: The Subdivision of this parcel is subject to the following: Lot 1 may be improved so long as no variation of lot area, bulk regulation or other pro- vision of the ordinances, codes, rules and regulations of the Village of Oak Brook in effect on February 26, 1976 shall be required. Notice is given that Lot 1 contains certain physical constraints rendering it less amenable to development under the ordinances, codes, rules and regulations of the Village of Oak Brook, Illinois." I have attached to this memo a copy of the proposed development plan for Lot 1 as prepared by the then contract purchaser of the property. As noted on the plan, the proposed house site was to have been located relatively close to the front yard, thereby, leaving more than adequate buildable area behind the house without requir- ing any rear yard encroachment. RE: Michael Birck - Rear Yard Variation September 25, 1984 Page 2 In reviewing the Reuben's Subdivision file, I was unable to ascertain as to the specific reason for the Village requiring the above stated note on the Subdivision Plat. One possible reason for the note relates to the existing creek running across the property as well as severe topographic limitations to that portion of the lot. Respectfully submitted, Bruce F. Kapff Assistant to Village Manager BFK/jr �I ■ ACORN . HILL LANE cm i f ry 1 w• � ' f Jr• " • ' + / �•� ifS0.46 7 0M 6 f yk�7? f -f' fr y� Sw� i 1 ' }tr . .%..�.•`i A:'• .�.1 - .. 'z Tp$a1 �dthinsswtba7ts .r f k- f •:� iVi �-. lr -1 f 1, r y 1' � / � ��_ _ ��,.�.. jj/• :-y x Bu11 bl �� da .�'� r�ngtltaatt q� ravina x,278 ' lulIdable � ar ea pNWlrn 4 W 4tY Or OE OF o4kA • ,`J' i' _ ooh G � O � 400 UN UN VI LLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 October 24, 1984 NOTICE IS HEREBY GIVEN that the Regular Zoning Board of Appeals meeting scheduled for November 6, 1984 regarding the below listed items has been cancelled at the Applicant's request. These items have been rescheduled to the December 4, 1984 Zoning Board of Appeals Meeting. 1) Harbco - Parking and Yard Variations (607 Harger Road) 2) Boden's Lake Doran- Special Use Flood Plain 3) Michael Birck - Rear Yard Variation (515 Acorn Hill Lane) BY: S/Gene J . Baroni GENE J. BARONI Chairman GJB/jr NOTE: Item #2 will be heard first by the Plan Commission at its meeting of Monday, November 19, 1984. 0� w FICIP11' 5 1 OCT 2 19 84 F OAK BROOi�, 1L. aGT 2 5 1984 JILLAGE 0 TION ApMiN15TRA VIL1.A0 OF OAK BROOK I� ADMINI�iTRATICSN C! i J L% SEP 23 1984 VILLAGE OF OAK BROOK, IL ADMINISTRATION i I O�OF 4Aro • �� ��;►HOC i 4 � VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 September 24, 1984 NOTICE IS HEREBY GIVEN that the regular Zoning Board of Appeals meeting of October 2, 1984 has been cancelled. Items scheduled for the October 2, 1984 Zoning Board of Appeals meeting will be heard by the Zoning Board of Appeals at its regular meeting of November 6, 1984 at the applicant's request. By: S/Gene J. Baroni GENE J. BARONI Chairman /jr . E oF OAK S J' G k O Iq FCou I�' VILLAGE OF OAK BROOK 1200 OAK BROOK. ROAD OAK BROOK, ILLINOIS 654-2220 September 13, 1984 Dear Resident, The Oak Brook Plan Commission and/or Zoning Board of Appeals, and the Village Board will be considering a: X Variation Preliminary Plat Special Use Final Plat Zoning Amendment at the meetings as scheduled on the reverse side of this notice. The application has been filed by Michael Birck Name of applicant 515 Acorn Hill Lane, Oak Brook, IL 60521 Address Relationship of applicant to property Owner N/A Name of Subdivision (if applicable) The property in question is situated at: . 515 Acorn Hill Lane We have attached a map of the area to assist you in determining your relation- ship to the property in question. The request which has been made is as follows: A Variation from the provisions of Section VII(D)(8) (c) of the Zoning Ordinance which section requires a 60 foot Rear Yard to permit construction of an addition located approximately 41 feet from the Rear Lot Line. If you desire more detailed information, we would suggest that you contact Mr. Bruce F. Kapff, Assistant to the Village Manager, at the Village Hall to review the file on this application. We will be looking forward to your attendance at the public meetings. Respectfully yours, iohn H. Brechin Village Manager _7NR/me I 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 Plan Commission Meeting. . . . .. . . . . ... . . . . . . . .7:30 P.M. Monday N/A * Zoning Board of Appeals. . . . . . . . . .. ... . .. .. . .7:30 P.M. Tuesday Oct. 2, 1984 Board of Trustees Meeting. .. ... ... . .. . . . . .. .7:30 P.M. Tuesday_ Oct. 9, 1984 MAP OF AREA IL 1 1 � 1 1 N i 1 Z • • • • ♦r, w o 7 L • • • f (VrN'� '. • t t i / 1 a n i z Awl �n AW • VILLAOBOFOAAKBROOK DU PAGE ANDCOOK COIINTI ILUNOIS RG NOTICE IS HEREBY GIVEN that bearing before the .. Zoning Board of Appeals of the Villige of Oak Brook,Du 'P Cook Counties. unois, Rf30e r an in the� Vbse Hall.I2M Oak Brook ad.Ifino sfo d PUBLISHER'S CERTIFICATE purpose of considering the application of Michael Nick for a Varia- tion as provided under Section XIIIIGI of the Zoning Ordinance of the Village of Oak Brook,Illinois,Ordinance G-60,as amended. A Variation to the M16;ing Sections of the Zoning Ordinaries is requested:A Variation from the provisions of Section VIIIDN8Ne1 TES IS TO CERTIFY That the notice, a true copy of which is attached to this which section requires a 60 foot Rear Yard to permit construction of certificate, Has published in THE OAK BROOK DOINGS once each week for an addition located approximately 41 feet"from the Rear Lot Line. The property may be gaily described as SiS Acorn Hill Lane, Oak Brook.Illinois,and the legal description is as follows: L I of Reuben's Subdivision of Lot 2 in Soukup's Subdivision .................•---.....One -•--•----......------........ weeks successively; that the date of a portion of the Southwest puar"r of Section 36.Township y 39 Noah.Range 11,Eau of the 1 hird nincipal Meridian.aocor- 13th ;inngg to the Plat of said Reuben's Subdivision recorded Much 29. of the first publication was the.............................................................. 976,as Doarment R76•It733.in Du County.Illinois. day Of Permanent Parcel 00636.306.006 All persons desiring to be heard in support of or in opption to the proposed Variation or any provision thereof.will be af- forded an opportunity to do so and may submit their statements ....-September...A.D., 19..84., and that the date of the last publication was orally or in wnth%or both.The hearing may be recessed to another date if notice of time and place thereof is publicly so- . nounced at the hearing or is given by newspaper publication not the..........................................des Of......... A.D. 19........... less than five 1SI days prior to the date of the raoested hearing. y + Marianne Lake. AND IT IS FURTHER CERTIFIED That THE OAK BROOK DOINGS is a VNlage desk Published at the direction of the6pomte Authorities and the secular newspaper of general circulation, published weekly in the Village zw,ing Board of A of the village of ilk¢rook.DuPage Of Hinsdale, County Of DuPa e and Cook Countia°�i nols g , State of Illinois, and circulated generally Published in the ilk Bmek D*p Stet.'i3;4984, in the Villages of Hinsdale, Clarendon Hills, Oak Brook, Willowbrook, Burr Ridge, adjacent unincorporated and incorporated areas, and in DuPage and Cook Counties, Illinois, and in other areas; that said THE OAK BROOK DOINGS is a "newspaper" as defined by the Illinois Statutes made and pro- vided for such situations, to wit; by Section 5 of "An Act to revise the law in relation to notices", 1874, Feb. 13, R.S. 1874, p. 723, 15, as amended 1959, July 17, Laws 1959, p. 1494, 11; and is also a "newspaper" as defined by Section 1 of "An Act concerning the publication of legal notices", 1909, June 8, Laws 1909, p. 288, 11, as amended 1927, June 29, Laws 1927, p. 603, 11, and as further amended 1945, April 12, Laws 1945, p. 1089, 41, and as further amended in 1957, July 9, Laws 1957, p. 2270, 11, and as further amended 1959,July 17,Laws 1959, p. 1496, 11; and that said THE OAK BROOK DOINGS has been continuously published at regular intervals of at least once each week with a minimum of 50 issues per year for over one year prior to the first publication of the attached notice. IN WITNESS WHEREOF, one of the co-publishers of said THE OFFICIAL FILE OAK BROOK DOINGS has affixed his hand and seal this 14th............day of.september....... A.D. 19...84.. ...... .. SEP 211984 Publishers Charge...?1-4T.......... VILLAGE OF OAK BROOK, IL. TRATI O N ADMINIS ..:..... ... ......... . ....... Publisher �'r � VILLAGE OF OAK BROOK Minutes -4- September 11, 1984 B. Street Sweeper - Public Works Department: Trustee Imrie moved, seconded by Trustee Maher . . . To authorize the purchase of a Hydrostatic Drive for the Elgin Street Sweeper as a replacement for the failed unit, from Bruce Equipment, Inc. at a cost not to exceed $2,700.00. ROLL CALL VOTE: Ayes: Trustees Imrie, Listecki, Maher, Philip, Rush, Watson and President Cerne Nays: None So ordered. OC- Referrals: With no objections President Cerne made the following referral: Michael Birck - Rear Yard Variation - 515 Acorn Hill Lane - Referred to Zoning Board of Appeals Meeting of October 2, 1984. VII ADJOURNMENT: Trustee Rush moved, seconded by Trustee Watson . . . To adjourn this meeting to Executive Session to discuss pending litigation. TIME: 9:00 P.M. . ROLL CALL VOTE: Ayes: Trustees Imrie, Listecki, Maher, Philip, Rush, Watson and President Cerne Nays: None So ordered. ATTEST: Marianne Lakosil Village Clerk September 25, 1984 Approved VILLAGE OF OAK BROOK Minutes -4- September 11 , 1984 -yv%L JOHN VOSTAL 799 Roosevelt Road Glen Ellyn, IL 60137 December 7 , 1984 Gentlemen: This letter is written to you so some points of clarification can be made regarding the proposed site variation as requested by Michael J. Birck. i To the best of our knowledge, there seems to be no historical evidence, either written or verbal, explaining or defining the exact reasons for the restrictive note placed upon the Birck property. Indications seem to be that the restrictive note was incorporated at the time of the formation of Lot 1 of Reuben' s subdivision. The original proposed site plan (see attached plan) was appropriate and complimented stated restrictions . This plan offered adequate expansion area. Subsequently, for reasons unknown, the home was relocated on the property to its present location which greatly hampers any additions . The question here seems to be threefold; is the restrictive note now relevant since it seems to have been mandated under different circumstances? Two, is it legally binding for subsequent owners? Thirdly, is the restriction applicable to the property as it stands today? We ask the Village Board to review the restrictive note in light of the above considerations to determine whether the note can be rescinded or modified so Mr. Birck can seek approval for the proposed addition. In closing, the variation request has been granted by the Zoning Board of Appeals pending Village Board action. The Zoning Board has also concurred that the location of the proposed addition will not affect the health, safety and welfare of the surrounding area. Natural drainage in the area would not be disrupted nor would the natural environment. Thank you for your thoughtful consideration regarding this matter. Res ect ully submitted, ohn Vostal rchitect for Michael Birck ZZ 0 OF OAke G - O '0 2 9CeCOUN-O``� VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 December 6, 1984 MEMO TO: John H. Brechin, Village Manager FROM: Bruce F. Kapff, Assistant to Village Manager SUBJECT: Michael Birck - Rear Yard Variation (515 Acorn Hill Lane) Mr. Michael Birck, owner of the subject property, has applied for a 19-foot rear yard variation which would permit construction of an addition to the existing residence. The subject property is Lot 1 of Reuben's Subdivision created March 29, 1976. In the Village's review of the Reuben Subdivision, the Village required inclusion of the following note on the Subdivision Plat: "NOTE: The Subdivision of this parcel is subject to the following: Lot 1 may be improved so long as no variation of lot area, bulk regulation or other provision of the ordinances, codes, rules and regulations of the Village of Oak Brook in effect on February 26, 1976 shall be required. Notice is given that Lot 1 contains certain physical constraints rendering it less amenable to development under the ordinances, codes, rules and regulations of the Village of Oak Brook, Illinois." The Zoning Board of Appeals, in their review of this application, limited their recommendation to the merits of the Variation and specifically made their positive recommendation conditioned on the Village Board's determination that the note on the Reuben Subdivision Plat should, in some manner, be modified or removed. Included in the file is a memo from the Village Attorney concerning the above mentioned Plat note. I have also enclosed copies of the respective Village Board minutes approving the Reuben Subdivision Plat. It should be noted that on the February 24, 1976 minutes, it states as follows: "The Board recommended that a cautionary note relative to the buildable area of the Lot be reflected on the Plat to which Evelyn Reuben agreed." The above noted Plat note was then prepared by the Village Attorney and placed on the Plat by the Engineering Department. Since this Plat note was prepared sub- sequent to the Village Board's final action on the Subdivision, it appears from the file that the Village Board was not made aware of the exact wording of the Plat note. In particular, the February 24, 1976 minutes states that a "cautionary • • RE: Michael Birck - Rear Yard Variation (515 Acorn Hill Lane) December 6, 1984 Page 2 note" should be added to the Plat whereas, in fact, the note added to the Plat was an outright prohibition to future variations. Respectfully submitted, Bruce F. Kapff Assistant to Village Manager BFK/jr - Tr Page 2 r' Minutes uiebruary 24, 1976 ' IV. FINANCIAL (continued) B. Investments (continued) Roll call vote: Ayes: Trustees Cerne, Congreve, Glaves, Philip, and Rush Nayes: None , Absent: Trustee Brown Abstain: President Howell So ordered. Trustee Cerne moved - seconded by Trustee Rush. . . To approve and ratify the following investment: (4) One federally secured certificate of deposit to mature in the First National Bank of Oak Brook on June 9, 1976 at the rate of 5.71%. This certificate of deposit in the amount of $100,000 is drawn on the Dep. , Imp. & Ext. Account. Roll call vote: Ayes: Trustees Cerne, Congreve, Glaves, Philip, and Rush Nayes: None Absent: Trustee Brown Abstain: President Howell So ordered. Trustee Cerne moved -- seconded by Trustee Rush. . . To approve and ratify the following investment: (5) One federally secured certificate of deposit to mature in the First National Bank of Oak Brook on May 12, 1976 at the rate of 5.61%. This certificate of deposit in the amount of $115,000 is drawn on the Corporate Account. Roll call vote: byes: Trustees Cerne, Congreve, Glaves, Philip, and Rush Nayes: None Absent: Trustee Brown Abstain: President Howell So ordered. V. OLD BUSINESS A. Bid Recommendation - Ambulance Patrol Vehicle Bid One bid was received on February 17, 1976. Trustee Rush moved - seconded by Trustee Philip. , . Not to accept the single bid received and to authorize the readvertising. Roll call vote: Ayes: Trustees Cerne, Congreve, Glaves, Philip, Rush, and President Howell Nayes: None Absent: Trustee Brown So ordered. B. Boundary Map Trustee Rush reviewed the request of Chateaux-Loire Homeowners Assoc. in connection with proposed common boundaries .between Downers Grove and Oak Brook. Trustee Rush moved- seconded by Trustee Cerne. . . That the Zoning and Planning Chairman, Fred Brown arrange to meet with .. appropriate members of the Plan Commission and the Village Board, along with representatives of the Village of Downers Grove, to update location of' the common boundary. Roll call vote: Ayes: Trustees Cerne, Congreve, 'Glaves, Philip, Rush, and President Howell Nayes: None Absent: Trustee Brown So ordered. /C. Evelyn L. Reuben - Plat of Subdivision - Located on Acorn Hill Lane As requested by the Board at the last regular meeting of February 10, 1976, Evelyn Reuben was present along with the proposed purchasers of the pro- posed Lot 1 , and two architects. After discussion, the.-Board,-recommended that-a-cautionary none ralaWe.:.to..the.11ua_] a l,e_,ax --of the-•t�ot`b "' r.of1ected--on the--P-tat=-towwhich,gy.e.1ynaeuben—Agreed. L stee Rush moved - seconded by Trustee Congreve. . . To approve the proposed Reuben's Subdivision with the provision that, with Evelyn Reubens' consent, the attorney affix an appropriate statement on the plat as to the buildable condition of the lot. - 2/24/76 -2- (continued) • OF OA • to k w 4 �COUNT4' VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS December 5, 1984 654-2220 MEMO TO: Village President and Board of Trustees FROM: Richard A. Martens, Village Attorney SUBJECT: Birck Request for Variation In researching the history of Mr. Birck' s property, Bruce found the following note on the Subdivision Plat: "NOTE: The Subdivision of this parcel is subject to the following: Lot 1 may be improved so long as no variation of lot area, bulk regulation or other provision of the ordinances, codes, rules and regulations of the Village of Oak Brook in effect on February 26, 1976 shall be required. Notice is given that Lot 1 contains certain physical constraints rendering it less amenable to development under the ordinances, codes, rules and regulations of the Village of Oak Brook, Illinois." As I stated to the Zoning Board of Appeals during their deliberations of the Birck variation request, it is my opinion that the first sentence of the note is unenforceable, as it deprives a property owner of due process of law. The minutes from the February 24, 1976 Village Board meeting when this plat of subdivision was approved indicated that a "Cautionary Note" should be inserted on the plat relative to the buildable area of the lot. The first sentence of the actual note goes beyond the "cautionary note" directive by effectively prohibiting zoning relief. The Village Board apparently did not see the final language of the note which was recorded on March 29, 1976. I recommend that the Village Board direct Staff to prepare the documentation necessary to delete the first sentence of the note. Respectively submitted, Richard A. Martens Village Attorney RAM/jr cc: John H. Brechin, Village Manager Bruce F. Kapff, Assistant to Village Manager • 6�OF OAk • 9 y ' O 9C�COUNT�'`v? VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 December 6, 1984 Village President and Board of Trustees Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60521 RE: Michael Birck - Rear Yard Variation (515 Acorn Hill Lane) Dear President and Board of Trustees: The Zoning Board of Appeals, at its regular meeting of December 4, 1984, considered the application of Michael Birck for a 19-foot rear yard variation which would permit construction of an addition to the existing residence. The Zoning Board of Appeals recommends to the President and Board of Trustees approval of the requested rear yard variation based on the following findings of fact: 1) The plight of the owner is due to unique circumstances, and 2) Approval of the requested Variation would not alter the essential character of the neighborhood. This recommendation is made subject to the Village Board removing the existing note on the Reuben Subdivision Plat which precludes owners of the subject property from obtaining any zoning variations. This recommendation was made on a motion by Member Bartecki, seconded by Member Fullan and approved on a Roll Call Vote of five (5) ayes: Members Bartecki, Fullan, Savino, Winters, Chairman Baroni; one (1) nay: Member Crouch; one (1) absent: Member Hodges. Sincerely, Gene J. Baroni, Chairman Zoning Board of Appeals BFK/GJB/jr ZONING BOARD OF APPEALS Minutes -2- December 4, 1984 ROLL CALL VOTE: Ayes: (6) Members Bartecki, Crouch, Fullan, Savino, Winters, Chairman Baroni Nays: (0) Absent: (1) Member Hodges MOTION CARRIED. . . V BODEN'S LAKE DORAN - SPECIAL USE FLOOD PLAIN The Chairman noted that it would be appropriate to continue this matter until such time as the Plan Commission has had an opportunity to review the application. A motion was made by Member Winters, seconded by Member Bartecki to table consideration of this application until the January 15, 1985 special meeting of the Zoning Board of Appeals. ROLL CALL VOTE: Ayes: (6) Members Bartecki, Crouch, Fullan, Savino, Winters, Chairman Baroni Nays: (0) Absent: (1) Member Hodges MOTION CARRIED. . . VI MICHAEL BIRCK - REAR YARD VARIATION (515 Acorn Hill Lane) Mr. John Vostal, architect, and Mr. Michael Birck, owner, were present representing this application. Mr. Vostal stated that he was directed by the owner to design an addition of approximately 550 square feet to the existing residence. He noted that due to the internal layout of the existing house, the best location for the addition would be at the southwest corner near the existing kitchen and living room. Mr. Vostal noted that the proposed addition would be approximately 200 feet from houses located to the North and East and 120 feet from an existing residence to the West. The property to the South is a cemetery. Mr. Vostal indicated three alternative plans which had been investigated, all of which would not require a rear yard variation. However, all of these alternates would place the addition to some extent in the existing ravine. These alternates were, therefore, rejected since the bottom of the ravine is located approximately 18 feet below the existing house elevation. Mr. Vostal noted that the plan eventually chosen placed the addition approximately 18 feet into the 60-foot rear yard but would require much less construction within the ravine area. He noted that to place the addition within the ravine would create substantial construction problems and that the proposed location would not adversely affect the health, safety and welfare of the surrounding area but would, rather, increase the property value of this as well as other adjacent properties. ZONING BOARD OF APPEALS Minutes -2- December 4, 1984 ZONING BOARD OF APPEALS Minutes -3- December 4, 1984 VI MICHAEL BIRCK - REAR YARD VARIATION (515 Acorn Hill Lane)Continued) Member Winters noted that the proposed addition appears to be no closer to the westerly house than the current Birck residence. Mr. Vostal noted that the current house is approximately 130 feet from the westerly house, whereas the proposed addition would decrease that separation to 115 feet. In response to Member Crouch, Mr. Vostal noted that the Gazebo is an existing structure. In response to Member Bartecki, Mr. Vostal stated that the house was built approximately 7 years ago with Mr. Birck purchasing the house 4 years ago. Member Crouch inquired as to the significance of the note on the Reuben Subdivision Plat which, in effect, precludes this property owner from obtaining any variations. The Secretary noted that the Reuben Subdivision file was somewhat incomplete as to the specific justification for that Plat note, although it appeared to relate to the impact of the existing ravine on the buildable area of that lot. Mr. Vostal also noted that although a Site Plan was presented in conjunction with the Reuben Subdivision indicating construction of the house adjacent to the front yard and thereby creating substantial buildable area to the rear of the house, apparently the house builders found substantial drainage reasons to place the house adjacent to the rear yard. Chairman Baroni inquired as to the net effect of the Plat note and as to whether it would be considered enforceable. Village Attorney Martens stated the problem as being a question as to whether this particular lot can be singled out as not being able to apply for zoning relief through the variation process. He indicated that the note is probably not legal and that the Zoning Board of Appeals should review the variation request on its merits aside from the constraints indicated by the Plat note. In response to Member Winters, Village Attorney Martens noted that the buyer of the property should have known about the Plat note through a proper title search, although the question revolves around whether this Plat note denies the property owner of due process to have his case decided on its relative merits. Mr. Vostal discussed the relative design merits of the 1976 Site Plan submitted in conjunction with the Reuben Subdivision. The Chairman noted that there were no members of the audience expressing support for or opposition to the proposed Variation. Chairman Baroni noted two possible courses of action open to the Zoning Board of Appeals being either to: ZONING BOARD OF APPEALS Minutes -3- December 4, 1984 ZONING BOARD OF APPEALS Minutes -4- December 4, 1984 VI MICHAEL BIRCK - REAR YARD VARIATION (515 Acorn Hill Lane)(Continued) 1) Make a recommendation to approve or deny the Variation request; or 2) Make no recommendation and wait until the Village Board decides the relative merits of the Plat note. In response to Village Attorney Martens, Mr. Birck stated that his title report did indicate the constraints as contained on the Plat note. A motion was made by Member Bartecki, seconded by Member Fullan that the Zoning Board of Appeals recommend to the President and Board of Trustees approval of the requested Rear Yard Variation which would reduce the rear yard from 60 feet to approximately 41 feet for the proposed addition for reasons that: 1) The plight of the owner is due to unique circumstances, and 2) Approval of the Variation would not alter the essential character of the neighborhood. This recommendation is subject to the Village Board making a determination that the Plat note should be removed from the Reuben Subdivision. ROLL CALL VOTE: Ayes: (5) Member Bartecki, Fullan, Savino, Winters, Chairman Baroni Nays: (1) Member Crouch Absent: (1) Member Hodges MOTION CARRIED. . . . VII ADJOURNMENT A motion was made by Member Winters, seconded by Member Crouch to adjourn this regular meeting of the Zoning Board of Appeals. VOICE VOTE: All in favor. MOTION CARRIED. . . This regular meeting of the Zoning Board of Appeals was adjourned at 8:19 P.M. by the Chairman. Respectfully submitted, Bruce F. Kapff, Secretary Zoning Board of Appeals Approved ZONING BOARD OF APPEALS Minutes -4- December 4, 1984 r� v!Lr� 1� V 1 L L ✓ OF 7( \ �I. t' OAK ` . r 1i�_''' :� 1200 OAK BROO.: ROAD � APPEAL t—i VARIATION' OAK BROOK, ILLINOIS 60521 $100 L�J $300 654-2220 1�( VARItifION (--r SPECIAI. U --�'►►--11 $300 t----�. $675 APPLICATION FOR PUBLIC HEARING __..._ AMENDMENT TO BE FILL•'[) WITH VILLAGE CLERK I---I $650 SPECIAL USE $400 (Section 2-225, 8/11/ ------------------------------------------------------------------•------------------------------ ALL APPLICATIONS MUST BE ACCOMPANIED BY PROPER FEE, PLAT OF SURVEY, AND (18) COPIES OF A SCALE DRAWING, SH014ING ALL PERTINENT APPLICABLE INFORMATION, i.e. , PROPERTY LINES, EXISTING BUILDING LOCATION OF PROPOSED CONSTRUCTION, ANY BUILDINGS ON ADJACENT PROPERTY WITHIN 100 FEET OF SUBJE PROPERTY. ------------------------------------------------------------------------------------------------ DO NOT WRITE IN THIS SPACE -- FOR OFFICE USE ONLY Date Filed: �Zt l5 $L� Board of Trustees Referral Notice Published: Newspaper: 42O/N 4S Date Adjacent Property Owners Notified: -/3-85' Staff Referral: Public Hearing Dates: Plan Commission y _ Zoning Board of Appeals /0-2- 8y Board of Trustees /O -9-Sj� Board of Trustees /0-23- Fy (Approval of Ordinan FEE PAID: $ _'100, Receipt No. : Received By: Village Clerk APPLICANT TO COMPLETE LOCATION OF SUBJECT PROPERTY: PER14ANENT PARCEL. NUMBER • 1.11 32s LOT NO. ' SUBDIVISION 1?fA*6 Az6C_(WrM.;DREs s Ar-0ih_I i LL LA�Jg -ZONING ZONING ORDINANCE SECTION ACTION REQUESTED PWAA LOT Y AR!AM O1.I MOM 60 ' +0' 4 I PROPERTY INTEREST OF APPLICANT: OWNER[V1 CONTRACT PURCHASER AGENT OWNER(S) OF RECORD GMs`*AE 8I Q C{L PHONE NUMBER ago ADDRESS AIr AGOAM 1d ILL -A1 — ZIP BENEFICIARY(IES) OF TRUST: PHONE NUMBER ADDRESS ZIP NANME OF APPLICANT '1 ICKAr j.� PHONE NUMBER _ ADDRESS Jrlr Coax) AI L1. �•AIJ� _ ZIP I (we) certify that all of the above statements and the statements contained in any papers or pl.arls submitted here4arre' to the best of my (our) kno,vledge and belief. aturc) App scant Date signature) Ap��licant D:ite p,Q ,- o p 3.r s-�n 8 P A..1 c1t4 z.'e= NOTICE 110 APPLICANTS { Filing Schedule 1 VARIATION: MUST BE RECEIVED PRIOR TO 1711: FIRST OF ME MONTH FOR PUBLIC HEARING ON ME FIRST TUESDAY OF ME FOLLOWING MII]. AN1EI UNIFNT OR SPECIAL USE: MST BE RECEIVED PRIOR TO THE 1514-1 OF THE MONTH FOR PLAN COMti1ISSION HEARING ON ME THIRD b _- OAY OF TTY FOLLOWING MONTH, WITH ZONING BOARD PUBLIC HEARING TO FOLLOW. A Variation is a zoning adjustment which permits minor changes of district require- ments 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 minimu-n change necessary to overcomr,' the inequality inherent in the property. 1. A Variation recogni'zes that the same district requirements do not affect all properties equally; it was invented to permit minor changes to allow hardship prop- erties to enjoy equal opportunities with properties similarly zoned. You must prove that your land is affected by special circumstances or unusual conditions. These -mist result in uncommon hardship and unequal treatment under the strict ap- plication of the Zoning Ordinance. Where hardship conditions ex cnd to other prop- erties 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 Grdiriance and filie uncommon conditions of your properly 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 follo•,iing conditions cannot be considered per. �inent to the applica- tion for a Variation: (1) Proof that a Variation wou .d increase the financial re- turn from the land, (2) Personal hardship, (3) Self-ii—osed hardship, In the last case, the recogni-Lion of conditions created after the enactment of the Zoning Ordi- nance would encourage and condone violation of the law. 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 Ovalers Following, are the names and addresses of surrounding property of-,-ners from the property in question. for a distance of 250 feet in all directions, and the numb-:r Of feet occupied by all public roads, streets, alleys, and public ways have been excluded in computing the 250-foot requi.rc-mi!ent. Said nai,es are as recorded in the office of the County Recorder of Daeds (or the Registrar of 'Titles of the County) and as appear from the authentic tax records of this County. Name Address -to"2T 100 �GOR tiJ i I I �E�N�FS.� �tZ 14co d �'11 00vY�.E V� yAQ� 36z�. s���tiG � Av ILL _ _ _ 3715 � P� iAm -it-if JOHN L. OR NIJOLE R. VOSTAL J' 14 8 411 BRIARGATE HINSDALE, ILL. 60521 j 2 p14 70-7156/2719 a.,.• $ 3 Mid America -J Federal Savings... 66TM•MOLM[S CLA11[NDo"MILLS.NLLMIO s mml • 1: 2 7 19 ? 15601: 2 388 ? LO l9uB 0 l 8 S BANK RECEIPT RECEIVEI TRANSIT i CHECKS i CASH NUMBER GATE NAME DESCRIPTION By. NO. VI LLAGE OF OAK BROOK INVALID WITHOUT SIGNATUR 1200 OAK BROOK ROAD 46145 OAK BROOK, ILLINOIS U PHONE: (312) 654.2220 RETAIN THIS RECEIPT FOR YOUR RECORDS SAiE0UAR0 BUSINESS JYSTEMS Ordinance No. S- 550 (515 Acorn Hill Lane ~� Page two Illinois. Permanent Parcel #06-36-306-006 Section 5: That this Ordinance shall be in full force and effect from and after its passage and approval pursuant to law. PASSED this 8th day of January 1985. Ayes: Trustees imrie, Listecki, Maher, Philip, Rush and Watson Nays: None Absent: President Cerne APPROVED this 8th day of January 1985• Zit;,"! �� - Vil.!;ge Presi ed nt ATTEST: Village Clerk Approved as to Form: Village Attorney Published Date Paper Not Published XX