S-618 - 10/27/1987 - VARIATION - Ordinances ORDINANCE NO. S- 618
AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF
CHAPTER 10 ARTICLE II OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK,
ILLINOIS REGARDING FLOOD PLAINS
(WELL #6 - 2909, 2915 OAK BROOK ROAD)
WHEREAS, the Village of Oak Brook has petitioned for variances from
the provisions of its flood plain regulations, codified as Chapter 10 Article II
of the Code of Ordinances of the Village of Oak Brook to allow for alterations to
be made to a non-conforming structure and to allow its continued utilization; and
WHEREAS, a public hearing on the Village's petition was conducted by
the Village's Zoning Board of Appeals on October 6, 1987 pursuant to due an
appropriate legal notice; and
WHEREAS, the continued utilization of the wellhouse facility will not
cause any threat to any other persons or property or otherwise be a flood hazard;
WHEREAS, the Zoning Board of Appeals determined and the President and
Board of Trustees concur that the requested variations meet the standards set
forth in Section 10-35e of the Code of Ordinances of the Village of Oak Brook;
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 pursuant to Section 10-21 (a)(1 ) of the Code of
Ordinances of the Village of Oak Brook a variation is hereby granted to allow
alterations to Well house #6 to allow the construction of a 24' x 38' addition to
said structure. A variation is also granted from the provisions of Section
10-50(d) of the Code of Ordinances of the Village of Oak Brook to allow service
facilities to be placed at the base flood elevation.
Section 3: That the variations granted pursuant to the terms of this
Ordinance are limited to the following described property:
In Lot 1 in Oak Brook Subdivision No. 1 , being a
Subdivision in the Northwest Quarter of Section 33,
Township 39 North, Range 11 East of the Third
Principal Meridan, DuPage County, Illinois.
Permanent Parcel Numbers 06-33-103-013 and
06-33-103-014.
PASSED THIS 27th DAY OF October 1987.
Ayes: Trustees Bartecki, Bushy, Imrie, Rush and Winters
Nays: None
Absent: Trustee Maher
APPROVED THIS 27th DAY OF 0 ctober �;j1 987
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Village President
ATTEST:
C MC_.
Village Clerk
Approved as to Form:
Published
Date Paper
i lage At orney Not Published K
VILLAGE OF OAK BROOK Minutes -6- October 13, 1987
F. yRecommendation - Village of Oak Brook - Flood lain Variations --Well #6
2915 and 2909 Oak Brook Road):
�. On October 6, 1987, the Zoning Board of Appeals recommended approval of
two variations 1) to allow for the construction of a 24' x 28' addition
to a nonconforming structure (Well House #6) in the floodplain; and 2)
to allow service facilities to be placed 0 feet above the base flood
elevation.
Trustee Winters moved, seconded by Trustee Maher...
To authorize the Village Attorney to prepare the necessary
documentation as recommended by the Zoning Board of Appeals authorizing
variations from the Floodplain and Wetland Regulations.
VOICE VOTE: All present, in favor. So ordered.
G. Cihak - Lot Area Requirement Variation (314 Canterber Lane):
On October 6, 1987 the Zoning Board of Appeals recommended denial of a
lot area variation that would permit the subdivision of a single parcel
into one (1) two (2) acre parcel and a second parcel of 1.6142 acres.
By letter dated October 8, 1987, the petitioner requested continuation
of this matter.
Trustee Winters moved, seconded by Trustee Bushy.
To approve the request of the petitioner.
VOICE VOTE: All present, in favor. So ordered.
H. Liquor License Request - Hundred Club of DuPage County Inc.:
Trustee Imrie moved, seconded by Trustee Rush...
To concur with the recommendation of Liquor Control Commissioner Cerne
and authorize the issuance of a Class D, One-Day Liquor License to
Hundred Club of DuPage County, Inc. for their annual dinner to be held
at The Lodge, 2815 Jorie Boulevard on October 14, 1987.
VOICE VOTE: All present, in favor. So ordered.
I. Municipal Water System Interconnection Agreement - Water System
Interconnect with Village of Downers Grove 31st Street d Fairfield
Avenue):
Request received from the Village of Downers Grove to connect a new 12-
inch water main that was being installed along the north side of 31st
Street from Highland Avenue to Fairfield Avenue to Oak Brook's existing
12-inch water main at the northeast corner of 31st Street and Fairfield
Avenue.
Trustee Imrie moved, seconed by Trustee Maher..
To approve and execute "Municipal Water System Interconnection
Agreement" with the Village of Downers Grove.
ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Imrie, Maher, Rush, Winters
and President Cerne.
Nays: None
Absent: None So ordered.
J. Recommendation - Air Traffic Noise:
Residents have recently complained regarding a substantial increase in
air traffic noise. Surrounding communities have experienced similiar
problems. It has been suggested a consortium of communities might
effectively aid one another and act as a united group. This matter
will continue to be reviewed.
VILLAGE OF OAK BROOK Minutes -6- October 13, 1987
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VILLAGE O F OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
312990- 3000
October 9, 1987
Village President and Board of Trustees
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60521
RE: Village of Oak Brook - Floodplain Variations - Well #6
(2915 and 2909 Oak Brook Road)
Dear President and Board of Trustees:
The Zoning Board of Appeals, at its Regular Meeting of October 6, 1987, heard the
application of the Village of Oak Brook for two (2) variations from the Floodplain
and Wetland Regulations.
One requested variation is from the provisions of Section 10-21(a)(1) , pertaining
to alterations to nonconforming structures, to construct a 24' x 38' addition to a
nonforming -structure (Well House #6) in the floodplain. The second requested
variation is from the provisions of Section 10-50(d) , pertaining to design criteria
of service facilities, to allow service facilities to be placed 0 feet above the
base flood elevation.
The Zoning Board of Appeals recommends to the President and Board of Trustees
approval of the two (2) Floodplain and Wetland Regulations variations based on the
following findings of fact:
1) The applicant has shown a good and sufficient cause.
2) It has been determined that failure to grant the variations would result in
exceptional hardship to the applicant and to the residents of the Village of
Oak Brook.
3) it has been determined that the variations will not result in increased flood
heights, additional threats to public safety, extraordinary public expense,
create nuisances, cause fraud on or victiminization of the public, conflict
with other existing ordinances, or conflict with the intent of the Floodplain
and Wetland Regulations.
RE: Village of Oak Brook - Floodplain Variations - Well ##6
October 9, 1987
Page 2
This recommendation was made on a motion by Member Shumate, seconded by Member
Weber, and approved on. a Roll Call Vote of seven (7) ayes: Members Crouch, Herman,
Martinello, Sarwar, Shumate, Weber, Chairman Savino; zero (0) nays; zero (0)
absent.
Sincerely,
Alfred P. Savino, Chairman
Zoning Board of Appeals
VL/APS/jr
ZONING BOARD OF APPEALS Minutes -13- October 6, 987
VI. VILLAGE OF OAK BROOK - FLOODPLAIN VARIATIONS - WELL HOUSE #6 -(2915 and 2909
Oak Brook Road)
The Secretary noted that the required Legal Notice was published in the Oak Brook
DOINGS on September 17, 1987 and nearby property owners were notified on
September 17, 1987.
Chairman Savino swore in all members wishing to testify in this matter.
Dale Durfey, Village Engineer, was present to represent this application. Mr.
Durfey stated that there is a low pressure problem in the Village west of Route 83
and south of Oak Brook Road. Mr. Durfey indicated that to alleviate this problem,
Harza Environmental Services had been contracted by the Village as consultant for
technical analysis of the problem, and design of any necessary watermain
improvements. Mr. Durfey stated that Harza has recommended watermain improvements
which will create a high-pressure zone with high-pressure feed in the southwesterly
portion of the Village. Mr. Durfey indicated that what is proposed is the
installation of booster pumping equipment and a building extension to the existing
Well House #6 at the southwest corner of Oak Brook Road and Meyers Road. Mr.
Durfey stated that the subject property is located in the Ginger Creek floodway
fringe, and that two variations from the Floodplain and Wetland Regulations were
requested by the Village. Mr. Durfey indicated that one variation was to expand a
nonconforming structure, Well House #6, in order to construct a 24-foot x 38-foot
addition to house the booster pumping equipment; and the second variation was to
allow service facilities to be placed 0 foot above the base flood elevation so that
the addition would be architecturally in harmony with the area. Mr. Durfey stated
that the hardships involved are:
1) A building addition to the existing Well House #6 is the most logical and
feasible alternative in which to house the booster pumping equipment.
2) The Well House #6 site is presently under the ownership of the Village. If
other sites were utilized, land acquisition cost would be a factor.
3) Any building expansion should maintain the character of the existing building
which precludes significantly raising the roof height. This architectural
character stipulates that the electrical service facilities within the proposed
addition be constructed at approximately the floor level as opposed to being
elevated to 5 feet above the floor level.
4) If the 5-foot criteria was met, not only would the building addition be out of
character architecturally with the existing building, but would also increase
the cost.
5) It is architecturally and economically unfeasible to artifically elevate the
electrical service facilities.
Mr. Durfey indicated in regards to she standards utilized by the Zoning Board of
Appeals in reviewing applica`ions for Floodplain and e,:Iand Regulations
variations, that:
ZONING 30ARD OF kPPEALJ3 linutas -1>- October 6, 1987
i
ZONING BOARD OF APPEALS Minutes -14- October 6, 1987
VI. VILLAGE OF OAK BROOK - FLOODPLAIN VARIATIONS - WELL HOUSE #6 (2915 and 2909
Oak Brook Road Continued
1) The good and sufficient cause is the improvement of the Village's water system;
2) That the Village already owns the property, and acquiring another location
would result in an economic hardship for the Village; and
3) The plan provides compensatory storage, and it will improve the public health
and welfare by providing for a better water system in the area.
Member Weber stated that when addressing an architectural incompatibility of 3 feet
to 5 feet, a bilevel roof is not incompatible with many nearby residences. Member
Weber indicated that protecting water service to residents in times of flooding is
more critical than architectural character alone.
Member Shumate inquired if during the recent rain storms the existing well house
was flooded.
Dale Durfey replied, no.
Member Shumate asked if the well house did flood, would it shut down.
Dale Durfey replied that the high pressure equipment is designed so that in such an
event, the high pressure would become the same as it is in the rest of the Village,
or the same pressure that exists today in the area.
I
Member Crouch inquired what booster design would be employed.
Gordon Johnson, of Harza Environmental Services, stated that a new transformer
would be installed by Commonwealth Edison on a pad raised to 700 feet elevation,
which is the level of a 100-year flood at the site.
Chairman Savino asked if anyone in attendance wished to speak in favor of or in
opposition to this application.
There were none.
A motion was made b Member Shumate seconded b� Member '
y J Me er �leber, to recommend to the
President and Board of Trustees approval of the two requested Floodplain and
Wetland Regulations Variations, based on the following findings of fact:
1) The applicant has shown a good and sufficient cause.
2) It has been determined that failure to grant the variations would result in
exceptional hardship to the applicant and the residents of the Village of Oak
Brook.
3) It has been determined that the variations will not result in increased flood
heights, additional threats to public safety, extraordinary public expense,
create nuisances, cause fraud on or victimization the public, conflict with
ZONING 30ARD OF APPEALS Minutes -14- October 6, 1987
ZONING BOARD OF APPEALS Minutes -15- October 6, 1987
VI. VILLAGE OF OAK BROOK - FLOODPLAIN VARIATIONS - WELL HOUSE #6 (2915 and 2909
Oak Brook Road Continued
other existing ordinances, or conflict with the intent of the Floodplain and
Wetland Regulations.
ROLL CALL VOTE: Ayes: ' (7)
Members Crouch, Herman, Martinello,
Sarwar, Shumate, Weber,
Chairman Savino
Nays: (0)
Absent: (0)
MOTION CARRIED. . .
VII. ADJOURNMENT
A motion was made by Member Martinello, seconded by Member Shumate to adjourn this
Regular Meeting.
VOICE VOTE: All in favor. MOTION CARRIED. . .
The Chairman adjourned this Regular Meeting of the Zoning Board of Appeals at
11:40 P.M.
Respectfully submitted,
Vince Long
Administrative Assistant
Approved
ZOPTING BOARD OF APPEALS Minutes -15- October 6, 1987
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
3 1 2 990-3000
October 2, 1987
MEMO TO: Zoning Board of Appeals
FROM: Vince Long, Administrative Assistant
SUBJECT: Village of Oak Brook - Floodplain Variations - Well House #6
(2915 and 2909 Oak Brook Road)
The Village of Oak Brook, as owner, has made application for two variations from
the Floodplain and Wetland Regulations.
One variation requested is from the provisions of Section 10-21(a)(1) , pertaining
to alterations to nonconforming structures, to construct a 24' x 38' addition to a
nonconforming structure (Well House #6) in the floodplain. The second variation
requested is from the provisions of Section 10-50(d) , pertaining to design criteria
of service facilities, to allow service facilities to be placed 0 feet above the
base flood elevation. Section 10-50(d) requires that service facilities be located
5 feet above base flood elevation.
For further elaboration on this application, I refer you to Dale's memo of
October 1, 1987.
I have enclosed Section 10-21(a)(1) ; Section 10-50(d) ; and Section 10-35 which
outlines the standards utilized by the Zoning Board of Appeals in reviewing
Floodplain and Wetland Regulations Variations applications.
Respectfully submitted,
�i
Vince Long
Administrative Assistant
VL/jr
§ 10-20 OAK BROOK CODE
governmental agencies _from which approval is
required by federal or state law including Section 404
of the Federal Water Pollution Control Act Amend-
ments of 1972, 33 U.S.C. 1334. (Ord. No. G-217,;§ 2,
9-27-77; Ord. No. G-277, §§ 4-6, 1-27-81)
Sec. 10-21. Nonconforming structures and uses.
(a) Nonconforming Structures: Nonconforming structures
may remain in use subject to the following regulations:
(1) Alterations: A nonconforming structure shall not be
enlarged, replaced or structurally altered. A noncon-
- forming structure accidentally damaged may be
restored unless the damage exceeds fifty (50) percent
of its replacement value, in which case it must
thereafter conform to this article. The building
commissioner shall determine the amount of dam�ige.
(2) Construction approved prior to adoption of this
article: Proposed structures for which building permits
have been issued and all lots which have received
variations prior to their designation as nonconforming
by adoption of this article may be completed and used
as originally intended subject to the provisions of this
article relating to nonconforming structures and uses.
(b) Nonconforming Uses: Nonconforming uses may be
continued subject to the following regulations:
(1) Extensions: A nonconforming use shall not be
expanded or moved to occupy any portion of the
premises, either land or structure, which was not
originally occupied by the nonconforming use.
(2) Discontinuance: Whenever a nonconforming use of
any premises has been discontinued for a period of
twelve (12) months, it may not be reestablished.
(3) Changes: A nonconforming use shall not be changed
to another or different nonconforming use. (Ord. No.
G-217, § 2. 9-27-77)
Secs. 10-22-10-30. Reserved.
Supp. No. 14 630
C PLANNING AND ZONING § 10-35
tion, "Flood-Proofing Regulations," June, 1972, GPO:
1973 0-005-026 edition, or any subsequent edition
thereof. (Ord. No. G-217, § 2, 9-27-77; Ord. No. G-364, § 2,
9-10-85)
Sec. 10-35. Variations.
(a) (President and Board of Trustees May Grant:]
Variations to the provisions of this article may be granted
by the president and board of trustees upon recommendation
by the zoning board of appeals.
(b) Authority: The board of trustees shall decide all applica-
tions for variations of the provisions of this divisiun ai�er a public
hearing held before the zoning board of appeals on such notice as
shall be required by the Illinois Statutes for zoning variations.
The zoning board of appeals shall hold public hearing upon all
applications for variations and shall report its recommendations
to the board of trustees as to whether a requested variation
would be in harmony with its general purpose and intent, and
shall recommend a variation only where it shall have.made a
' finding of fact specifying the reason or reasons for recommending
Cthe variation. Such findings shall be based upon the standards
prescribed in subsection(e)below. No variation shall be-granted
by the board of trustees without such findings of fact. The con-
curring vote of four (4) members of the zoning board of appeals
shall be necessary to recommend in favor of the requested varia-
tion. 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.
(c) Initiation: An application for a variation shall be in
triplicate and may be made by any governmental 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.
(d) Processing: An application for a variation shall be
filed with the village clerk who shall forward one copy of
Supp. No. 30 637
§ 10-35 OAK BROOK CODE
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.
(e) Standards: The recommendation of the zoning board
of appeals and the decision of the president and board of
trustees on an application for a variation to the provisions
of this article shall be based on the following standards, the
burden of showing to be borne by the applicant:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant We variation
would result in exceptional hardship to the applicant;
and
(3) A determination that the variation will not result in
increased flood heights, additional threats to public
safety, extraordinary public expense, -.reate nui-
sances, cause fraud on or victimization of the public,
conflict with other existing ordinances, or conflict with
the intent of this article. '
(f) [Conditions and Restrictions:] 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 this section to reduce or minimize
the injurious effect of such variation upon other property in
the neighborhood, and to implement the general purpose
and intent of this article.
g Insurance rates:] The village shall inform applicants
for variations that should a variation be granted to build a
structure with its lowest floor below the base flood
elevation, it could result in flood insurance premiums as
high as twenty-five dollars ($25.00) per one hundred dollars
($100.00) of insurance coverage. (Ord. No. G-217, § 2,
9-27-77; Ord. No. G-277, § 7, 1-27-81; Ord. No. G-364, § 3,9-10-85)
Secs. 10-36-10-45. Reserved.
Supp. No. 30
6:l8
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
October 1, 1987
3 121 990-3000
MEMO TO: Vince Long, Administrative Assistant
FROM: Dale L. Durfey, Jr. , P.E.
SUBJECT: Village of Oak Brook Flood Plain Variations
Booster Station - Well House 6 Site
This project is designed to provide water main improvements which will create a
high pressure zone within the southwesterly portion of the Village of Oak Brook.
The Village Board had contracted with Harza Environmental Services, Inc. , to act
as our consultant regarding the technical analysis and design of any necessary
water main improvements. The Board has also looked at the preliminary analysis
accomplished by the consultant and has concluded that booster pumping equipment
needs to be housed in a building extension to our existing Well House 6 at the
southeasterly corner of 31st Street/Meyers Road. This booster pumping equipment
will physically boost the pressure in this area's water main system to alleviate
a low pressure condition.
Since Well House 6 is located within the Ginger Creek flood plain, any construction,
filling or use of the floodway fringe needs Village of Oak Brook approval. The
first variation which we are seeking concerns the enlargement of an existing
non-conforming structure (Well House 6) in the flood plain to allow the proposed
addition in which to house the booster pumping equipment. The attached "31st
Street Booster Station Site Plan" depicts both the existing conditions and the
proposed conditions with the new building addition and the regrading necessary.
Compensatory storage is being built into this design.
The second variation request centers around a Village Board decision made at the
June 23, 1987 Village Board meeting in which the Board reviewed proposed options
concerning the pump house addition. After reviewing various alternative building
heights and equipment configuration, the Board directed staff to design the
building addition to be consistent with the existing Well House. This decision
necessitates keeping the same roof line for the addition as is on the existing
building which causes the inside electrical equipment to be placed on the floor
of the proposed addition as opposed to being elevated five (5') feet as called
for within Section 10-50(d) .
In reviewing the subject of the variation requests, the following hardships have
been identified:
1. A building addition to the existing Well House 6 building is the most
logical and feasible alternative in which to house the booster pumping
equipment. The analysis conducted by the consultant and reviewed by the
Mr. Vince Long
October 1, 1987
Page 2
Village concludes that the Well House 6 site is the best location for
this project.
2. The Well House 6 site is presently under the ownership of the Village.
If other sites were utilized, land acquisition costs would have been
a factor.
3. Any building expansion should maintain the character of the existing
building which precludes significantly raising the roof height. This
architectural character thereby stipulates that the electrical service
facilities within the addition be constructed at approximately the
floor level (which is equal to the high-water level of Ginger Creek)
as opposed to being elevated to five (5') feet above the floor level.
4. If the five (5') foot criteria was met, not only would the building
addition be out of character architecturally with the existing building,
but would also increase the cost.
5. The ordinance states "to the maximum extent feasible. . .". It appears that,
in this instance, it is architecturally and economically unfeasible to
artificially elevate the electrical service facilities.
In reviewing this application relating to the flood plain issues, I note the following
general comments:
1. This area is depicted as being within the Ginger Creek floodway fringe with
a 100 year high-water level of 700.0.
2. Compensatory storage is being designed into the proposed site regrading.
3. The proposed use is for a utility building which will have a non-habitable
floor, i.e. , it will be neither residential nor commercial in nature and
will not contain any living space. For this reason, the lowest floor to
the building does not have to be elevated to three (3') feet above the
base flood elevation.
Respect" fully submitted,
Dale L. Durfey, Jr. , P.E. ,
Village Engineer
DLD/etg
Attach.
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
312990-3000
September 17, 1987
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 Village of Oak Brook
Name of applicant
1200 Oak Brook Road, Oak Brook, IL 60521
Address
Relationship of applicant
to property Owner
Oak Brook Subdivision No. 1
Name of Subdivision (if applicable)
The property in question is situated at: 2915 and 2909 Oak Brook Road, Oak
Brook, Illinois
We have attached a map of the area to assist you in dete:-raining your relation-
ship to the property in question. The request which has been made is as follows:
A Floodplain Variation from the provisions of Section 10-21(a) (1) of the
Floodplain and Wetlands Regulations to construct a 24' x 38' addition to a
nonconforming structure (Well House 6) in the floodplain, and a Floodplain
Variation from the provisions of Section 10-50(d) to allow service
facilities to be placed 0' above the base flood elevation.
If you desire more detailed information, we would suggest that you contact
Mr. Bruce F. napff, 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.
Sincerely yours,
Stephen Berley
Village Manager
SR/ir
All meetings are held in the Samuel E. Dean Board Room of the Oak Brook
Villae 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. 6, 1987
Board of Trustees Meeting,. . . . . . . . . . . . . . . . . . .7:30 P.M. Tuesday Oct. 13, 1987
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LEGAL No ncE
VILLAGE OF OAK BROOK
DU PAGE AND COOK COUNTIES ILLINOIS {
NOTICE OF PUBLIC HEARING
NOTICE 13 HEREBY GIVEN that a public hearing before
the zoning Board of Appeals of the Village of Oak Brook, PUBLISHER'S CERTIFICATE
DuPage and Cook Counties.Illinois,will be held on October
6.1967 at 7:30 P.M.in the Oak Brook Village Hall,1200 Oak .
Brook Road.Illinois,for the purpose of considering the ap-
plication of Village of Oak Brook for Floodplain Variations
as provided under Section 10.35 of the Floodplain and.
Wetlands Regulations of the Village of Oak Brook,Illinois.
Requested Is:A Floodplain Variation from the provisions of. THIS IS TO CERTIFY That the notice, a true copy of which is attached to this
Section 10.21(a1(1)of the Floodplain and Wetlands Regula-
tions to construct a 24•x 36•addition to a nonconforming certificate, was published in THE DOINGS once each week for
structure(Well House 6)in the floodplain,and a Floodplain
Variation from the provisions of Section 10650(d)to allow ser-
vice facilities to be placed a above the base flood elevation. One
.................................................. weeks sucessivel • that the date
The property may be generally described as 2915antl 2908 y+
Oak Brook Road,Oak Brook.Illinois,and the legal descrip-
tion is as follows:In Lot 1 in Oak Brook Subdivision No.1,
being a Subdivision in the Northwest Quarter of Section 33. Of the first publication was the.............17th day of
Township 39 North.Range 11 East of the Third Principal p ••••••........................•••
Meridian,Dupage County.Illinois. '
Permanent Parcel Numbers 06.33.103.013 and
08-33-103.014. - September 87
All persons desiring to be heard In support of or in opposi- ••••••••••••••••••.•.•••. A.D., 19......, and that the date of the last publication was
tion to the proposed Flood Plain Variations or any provision
thereof,will be afforded an opportunity to do so and may
submit their statements orally or In writing or both.The hear.
ing may be recessed to another date if notice of time and the ............................. day of.............................. A.D., 19......
place thereof is publicly announced at the hearing or Is
given by newspaper publication not leas than five(5)days
prior to the date of the recessed hearing. AND IT IS FURTHER CERTIFIED That THE DOINGS is a secular newspaper of
.. MariVi°lag clerk general circulation, published weekly in the Villages of Hinsdale, Clarendon Hills,
Published at the direction of the Corporate Authorities and
the Zoning Board of Appeals of the Village of Oak Brook, Oak Brook, +Burr Ridge Willowbrook and City of Darien and circulated generally in
the Z ��
DuPago and Cook Counties.Illinois. I the Villages of Hinsdale, Clarendon Hills,Oak Brook,Burr Ridge,Willowbrook and
-•.oared In The Goings Sept.17.1987. City of Darien and adjacent unincorporated and incorporated areas,and in DuPage
and Cook Counties, Illinois, and in other areas; that said THE DOINGS is a
"newspaper" as defined by the Illinois Statutes made and provided for such situa-
tions,to wit;by Section 5 of"An Act to revise the law in relation to notices,"1874,Feb.
13,R.S.1874,p.723,§5,as amended 1959,July 17,Laws 1959,p.1494,§1;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,§1,as amended 1927,June 29,Laws 1927,p.
603,§1,and as further amended 1945,April 12,Laws 1945,p:1089,§1,and as further
amended in 1957,July 9,Laws 1957,p.2270,§1,and as further amended 1959,July 17,
Laws 1959,p.1496,§1;and that said THE 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 DOINGS has affixed his hand and seal this
...........18.th............ day of ...September..........., A.D. 1987...
Publishers Charge ,$3 4 . 2 0
Publisher
•
THE DOINGS
118 West First Street
Hinsdale, Illinois 605210 /`t
Gentlemen:
Please publish the following legal notice for publication on September 17, 1987 .
LEGAL NOTICE
VILLAGE OF OAK BROOK
DU PAGE AND COOK COUNTIES, ILLINOIS
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a public hearing before the Zoning Board of Appeals
of the Village of Oak Brook, DuPage and Cook Counties, Illinois, will be held on
October 6, 1987 at 7:30 P.M. in the Oak Brook Village Hall, 1200 Oak Brook
Road, Illinois, for the purpose of considering the application of Village of Oak
Brook for Floodplain Variations as provided under Section 10-35 of the
Floodplain and Wetlands Regulations of the Village of Oak Brook, Illinois.
Requested is: A Floodplain Variation from the provisions of Section 10-21(a)(1)
of the Floodplain and Wetlands Regulations to construct a 24' x 38 addition to a
nonconforming structure (Well House 6) in the floodplain, and a Floodplain
Variation from the provisions of Section 10-50(d) to allow service facilities to
be placed 0' above the base flood elevation.
The property may be generally described as 2915 and 2909 Oak Brook Road , Oak
Brook, Illinois, and the legal description is as follows: In Lot 1 in Oak Brook
Subdivision No 1, being a Subdivision in the Northwest Quarter of Section 33,
Township 39 North Range 11 East of the Third Principal Meridian, DuPage County,
Illinois.
Permanent Parcel Numbers 06-33-103-013 and 06-33-103-014.
All persons desiring to be heard in support of or in opposition to the proposed
Flood Plain Variations or any provision thereof, will be afforded an
opportunity to do so and may submit their statements orally or in writing or
both. The hearing may be recessed to another date if notice of time and place
thereof is publicly announced at the hearing or is given by newspaper publication
not less than five (5) days prior to the date of the recessed hearing.
Marianne Lakosil,
Village Clerk
Published at the direction of the Corporate Authorities and the Zoning Board of
Appeals of the Village of Oak Brook, DuPage and Cook Counties, Illinois.
Published in the DOINGS.
VILLAGE OF OAK BROOK Minutes -7- September 8, 1987
VOICE VOTE: All present, in favor. So ordered.
E. Flood Crisis Review:
Residents were given an opportunity to express their complaints and
concerns relative to the recent flooding. This was outlined in a
letter from the Timber Trails Property Owners Association dated
September 1, 1987 which recommended a disaster plan be initiated as
well as monitoring the dredging of Salt Creek and the possibility of a
special assessment for street improvement to prevent the flooding of
streets.
F. Liquor License Request - Neiman-Marcus:
Request for liquor license by Neiman-Marcus due to corporate
reorganization creating a new corporate entity.
Trustee Rush moved, seconded by Trustee Bartecki...
To concur with President Cerne, Local Liquor Control Commissioner, and
authorize the issuance of a Class A-1 Liquor License to Specialty Store
Company (d/b/a Neiman-Marcus) subject to surrender of the outstanding
liquor license issued to Carter Hawley Hale, pro-rated liquor license
fee of $1,666.70 as well as proof of the status of Neiman-Marcus Group,
Inc. in good standing with the Secretary of State of Illinois.
VOICE VOTE: All present, in favor. So ordered.
G. Recommendation - Macnider - Flood Plain Variation (370 Forest Trail):
Trustee Winters moved, seconded by Trustee Bushy...
To concur with the request of the petitioner and defer this matter to
the next Regular Meeting of September 22, 1987.
VOICE VOTE: All present, in favor. So ordered.
H. Referrals:
With no objections President Cerne made the following referrals:
1. Butler National Golf Club - Flood Plain Special Use -- Referred to Plan
Commission Meeting of September 21, 1987 and Zoning Board of Appeals
Meeting of October 6, 1987
2.;- Village of Oak Brook - Flood Plain Variations (Well House #6) --
U;. Referred to Zoning Board of Appeals Meeting of October 6, 1987.
3. Cihak - Lot Area Requirement Variation (314 Canterberry Lane) --
Referred to Zoning Board of Appeals Meeting of October 6, 1987.
VII. ADJOURNMENT:
Trustee Bushy moved, seconded by Trustee Bartecki...
To adjourn the Regular Meeting. TIME: 11:33 P.M.
VOICE VOTE: All present, in favor. So ordered.
ATTEST:
Marianne Lakosi
Village Clerk
—� :.�`�=•.btu '_ 1 1.1 \ t S11
Approve'd
VILLAGE OF OAK BROOK Minutes -7- September 8, 1987
VILLAGE OF OAK BROOK Minutes -6- September 8, 1987
VOICE VOTE: All present, in favor. So ordered.
Trustee Rush moved, seconded by Trustee Bartecki...
To concur with the recommendation of President Cerne to re-appoint:
Al Hosler, 820 Merry Lane, as a member of the Board of Trustees of the
Police Pension Board, term to expire May 9, 1989•
Hugh Arnold, 15 Bradford Lane, as a member of the Board of Trustees of
the Police Pension Board, term to expire May 9, 1989.
VOICE VOTE: All present, in favor. So ordered.
Trustee Rush moved, seconded by Trustee Maher...
To concur with the recommendation of President Cerne and re-appoint:
Floyd Wilson, Superintendent of Public Works, as Commissioner of
Noxious Weeds, term to expire May 23, 1989.
VOICE VOTE: All present, in favor. So ordered.
Trustee Bushy moved, seconded by Trustee Maher...
To concur with the recommendation of President Cerne and appoint:
Stephen Berley, Village Manager, a Emergency Services and Disaster
Agency Coordinator.
VOICE VOTE: All present, in favor. So ordered.
Trustee Bartecki moved, seconded by Trustee Bushy...
To concur with the recommendation of President Cerne and appoint:
Terry C. Klein, Finance Officer, as Village Treasurer.
VOICE VOTE: All present, in favor. So ordered.
B. Waiver of Fee - Village of Oak Brook - Flood Plain Variation - (Well
House T6-T--.
Trustee Winters moved, seconded by Trustee Bushy...
To authorize the waiver of fees for two flood plain variations
regarding expansion of Well House #6 and the booster pumping euipment.
VOICE VOTE: All present, in favor. So ordered.
C. Ratification - Refurbishing Unit #916:
Trustee Rush moved, seconded by Trustee Maher...
To ratify the additional expenditures in the total amount of $3,265.50
for Engine #916 when it was determined that additional work was needed
when the body and cab of the fire engine were removed.
ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Imrie, Maher, Rush, 'linters
and President Cerne.
Nays: None
Absent: None So ordered.
D. Ratification - Waiver of Building Permit Fees for Flood Properties:
Trustee Rush moved, seconded by Trustee Bushy...
To authorize the Village Attorney to prepare an ordinance waiving the
building permit fee of 04.00 per 4',1,000.00 for repair work by the
property owners who had damages resulting from the flood commencing
August 14, 1987.
VILLAGE. OF OAK BROOK Minutes -6- September 3, 1987
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COUNtr'
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
3 12 990-3000
September 4, 1987
MEMO TO: Village President and Board of Trustees
FROM: Stephen Berley, Village Manager
RE: Waiver of Variation Fees for Village of Oak Brook - Well #6
The Village of Oak Brook, as you are aware, has applied for two Flood Plain
Variations regarding the expansion of Well House #6 and the booster pumping
equipment in conformance with previous Board directions. The Village would
have normally received $600 as processing fees for the two variations. Because
we would be paying ourselves the $600, the staff and I suggest merely waiving
the fees.
Kindly be reminded that the two variations deal with expanding a nonconforming
structure (Well House) in a flood plain and allowing a utility to be zero feet above
flood elevation.
It has been noted that the recent flooding of Ginger Creek near Well House #6
was approximately six to eight inches below the floor of the building. It would,
therefore, take a much more intense storm than we recently experienced before
flood waters would actually have entered Well House #6 and its proposed addition.
Respectfully submitted,
Stephen Berl
Village Manager
SB/mr
C15" "- � VILLAGE o r ZONING N( ORD I NANCE FLWD PJAIN
;J. r
.:
OAK BROOK
1200 OAK BROOK ROAD APPEAL VARIATION
... jZ OAK BROOK, ILLINOIS 60521 $100 X $300
990-3000
VARIATION SPECIAL USE
L—� $300 $675
APPLICATION FOR PUBLIC IENZING
AMENDMENT
TO BE FILED. WITH VILLAGE CLERK $650
SPECIAL USE
$400
(Section 2-225, 8/11/81)
---------------------------------------------------------------------------------------------------------
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.
---------------------------------------------------------------------------------------------------
UO NOT WRITE IN 11IIS SPACE -- FOR OFFICE USE ONLY
Date Filed: August 19, 1987 Board of Trustees Referral Sept. 8, 1987
Notice Published: Sept. 17, 1987 Newspaper: DOINGS
Date Adjacent Property Owners Notified: Sept. 17, 1987 Staff Referral: --
Public Hearing Dates: Plan Commission -- Zoning Board of Appeals Oct 6, 1987
Board of Trustees Oct. 13, 1987 Board of Trustees Oct 27. 1987
(Approval of Ordinance)
FEE PAID: $ N/A Receipt No. : -- Received By:
Village Clerk
--------------------------------------------------------------------------------
APPLICANI' TO C(AWLETE
06-33-103-013
LOCATION OF SUBJECT PROPERTY: PERMANENT PARCEL NUMBER06-33-103-014
Oak Brook
LOT NO. 1 & 2 SUBDIVISION Subdiv. No. 1 ADDRESS 2915 & 2909 Oak Brook Road
ZONING R2 FLOODPLAIN ORDINANCE SECTION 10-21(a) (1) & 10-50(d)
ACTION REQUESTED Variation from Section 10-21(a) (1) to enlarge an existing nonconforming
structure (Well House 6) in the floodplain and a variation from Section 10-50(d) to allow
service facilities to be placed 0' above the base flood elevation.
PROPERTY INTEREST OF APPLICANT: OWNER[]Ej CONTRACT PURCHASER AG ENTI�
OWNER(S) OF RECORD Village of Oak Brook PHONE NUMBER 990-3000
ADDRESS 1200 Oak Brook ZIP 60521
BENEFICIARY(IES) OF TRUST: NA PHONE NUMBER NA
ADDRESS NA ZIP NA
NAME OF APPLICANT Village of Oak Brook PHONE NUMBER 990-3000
ADDRESS 1200 Oak Brook Road ZIP 60521
I (we) certify that all of the above statements and ttie statements contained in any papers
or plans submitted herewith are true to the best of my (our) knowledge and belief.
�signatu .e) Appl cant Date (signature) Applicant Date
NOTICE TO APPLICANTS
Filing Schedule
VARIATION: MUST BE RECEIVED APPROX11lN11sLY SIX (6) WEEKS PRIOR '1'0 'IIIE
PUBLIC HEARING HELD ON ITIE FIRST 'TUESDAY OF EACH MONTH.
AMENDMENT OR
SPECIAL USE: MUST BE RECEIVLD PRIOR TO Jill, 15T1 f OF 11117 MONT11 FOR PLAN
COMISSION 11EARING ON ME 'IIIIRD A,IUNDAY OF 1111: FOLLOWING
MONI11, 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 minimum change necessary to overcome the inequality
inherent in the property,
I. A Variation recognizes 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 must result in uncommon hardship and unequal treatment under the strict ap-
plication of the Zoning Ordinance. Where hardship conditions extend to other prop-
erties a Variation cannot be granted.. 'I1ie 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 applica-
tion for a Variation: (1) Proof that a Variation would increase the financial re-
turn from the land, (2) Personal hardship, (3) Self-imq)osed hardship. In the last
case, the recognition 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 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.
Name Address
Virginia R. Eggert
3111 Meyers Road
Oak Brook, Illinois 60521
George H. & Rose Mueller
3115 Meyers Road
Oak Brook, Illinois 60521
George C. Mueller
3113 Meyers Road
Oak Brook, Illinois 60521
Vito & Anna Falco
2901 31st Street 10 Olympia Court
Oak Brook, IL 60521 Oak Brook, Illinois 60521
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60521
George & Judith Mueller
3113 Meyers Road
Oak Brook, Illinois 60521
Dorothy D. Cooper
Meyers Road & 31st Street 744 W. Melrose St.
Oak Brook, IL 60521 Chicago, Illinois 60657
Stanley T. Tichy
3110 Meyers Road
Oak Brook, Illinois 60521
Louis J. Kraj ak
3015 Meyers Road 2035' S. Racine
Oak Brook, Illinois 60521 Chicago, Illinois 60608
Lawrence Wise
3118 Meyers Road
Oak Brook, Illinois 60521
D. Dean Smith
3010 S. Meyers Road
Oak Brook, Illinois 60521
Charles Antony
3024 Meyers Road
Oak Brook, Illinois 60521
Olegario & M. Navarro
Meyers Road +227 Cedar Street
Oak Brook, IL 60521 Long Beach, CA 90807
Ginger Creek Comm. Association
4 Arden Court
Oak Brook, Illinois 60521
Ginger Creek Comm. Association
34 Royal Vale Drive 12 Foxiana Court
Oak Brook, Illinois 60521 Oak Brook, Illinois 60521
John Racila
2820 Oak Brook Road
Oak Brook, Illinois 60521
i