S-626 - 01/26/1988 - VARIATION - Ordinances VAIN Yb
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ORDINANCE NO. s- 626
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AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION VII(C)(8)(c)
OF THE ZONING ORDINANCE OF TP,E VILLAGE OF OAK BROOK, ORDINANCE G-60.
AS AMENDED, RELATIVE TO REAR YARD REQUIREMENTS IN A R-1 SINGLE-FAMILY
RESIDENCE DISTRICT
(3406 Adams Road)
WHEREAS, an application has been filed requesting a variation from the
provisions of Section VII(C)(8)(c) of the Oak Brook Zoning Ordinance, Ordinance
G-60, as amended; and
WHEREAS, a public hearing on such application has been conducted by the
Zoning Board of Appeals on December 1, 1987, pursuant to due and appropriate
legal notice; and
WHEREAS, the said Zoning Board of Appeals made explicit findings of
fact that the variation requested conforms to the standards set forth in Section
XIII(G) of the Oak Brook Zoning Ordinance; and
WHEREAS, the Village President and Board of Trustees concur vr.th the
recommendation of the Zoning Board of Appeals to grant said Variation;
NOV, 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 7—adopted as though fully set forth herein.
Section 2: That a variation is hereby granted from the provisions of
Section VII 757TM of the Zoning Ordinance of the Village of Oak Brook so as to
allow the construction of a new house encroaching 60.5 feet into the 100-foot
required rear yard at the property described in Section 3 hereof.
Section 3: That this Ordinance is limited and restricted to the
property located at 3406 Adams Road, which property is legally described as
follows:
The west half of Lot 5 in the Southwest Quarter of the North
East Quarter of Section 35, Township 39 North, Range 11 East
of the Third Principal Meridian, said Lot 5 described as
follows: Beginning all a stake 5 chains North of the Southeast
Corner of the South half of the West half of the Northeast
Quarter of said Section 35; running thence North 5 chains;
thence West 10 chains; thence South 5 chains; thence East 10
chains, to the place of beginning, in DuPage County, Illinois.
Permanent Parcel Number 06-35-200-001.
Section 4: That the Variation approved herein is specifically subject
to the condition that the improvement be constructed substantially in the
location depicted on the Plat prepared by Muehling and Ase)ciates,
1987 and ie=eivof s2rvlo
dated July 15, 0 917 Kber 19, 1987, a copy of which is attached
and labelled as Exhibit I and hereby made a part hereof.
Section 5: That this Ordinance shall be in full force and effect from
and after its passage and approval pursuant to law.
4
+ 4rdinan N,. S-626
Granting a Variation from the
Provisions of
Section VII(C)(8)(0) Relative
to Rear Yard Requirements
(3406 Adams Road)
Page two
a
PASSED THIS 26th day of January , 1988.
Ay-•s: Trustees Barteoki, Bushy, Imrie, Maher, Rush and Winters
Nays: None
Absent: None
APPROVED THis 25th day of January , 1988.
Ix,ew��
V111a¢;e Preaade
ATTEST:
Mariknne Lakosil, ( C
Village Clerk
Approved as to Form:
Vi 1 ge Atto ey
Published
Date Paper
Not Published XX
S-tea..
RAT OF SURVEY
THE WEST HALF OF LOT 5 IN THE SOUTHWEST OUAATER OF THE NORTH EAST
GUAR TER OF SECTION 35, TO-SHIP 39 NORTH, RANGE II EAST OF THE
VT ,� TNIRD PRINCIPAL MERIDIAN, SAID LOT 5 DESCRIBED AS FOLLOWS;
BEGINNING AT A STAKE 5 CHAINS NORTH OF THE SOUTHEAST CORNER OF
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I r b b b b b b SECTION 35; PUNNING THENCE NORTH 5 LHAINS: THENCE WEST f0 CHAINS!
b THENCE SOUTH 5 CHAINS, THENCE EAST 10 CHAINS, TO THE PLACE OF
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- VILLAGE OF OAK BROOK
MINUTES OF THE REGULAR MEETING
January 26, 1988
MEETING CALL:
The Regular Meeting of the Board of Trustees was called to order by President
Cerne in the Samuel E. Dean Board Room of the Village Commons at 7:45 P.M.
I. ROLL CALL:
PRESENT: President Wence F. Cerne
Trustees Garry J. Bartecki
Karen M. Bushy
Walter C. Imrie
Ronald P. Maher
Joseph H. Rush
H. Richard Winters
ABSENT: None
II. APPROVAL OF MINUTES:
Trustee Imrie moved, seconded by Trustee Bartecki...
That the Minutes of the Special Meeting of January 7, 1988 be approved as
presented and waive reading of same.
VOICE VOTE: All present, in favor. So ordered.
Trustee Imrie moved, seconded by Trustee Rush...
That the Minutes of the Committee-of-the-Whole Meeting of January 11, 1988
be approved as presented and waive reading of same.
VOICE VOTE: All present, in favor. So ordered.
Trustee Imrie moved, seconded by Trustee Rush...
That the Minutes of the Regular Meeting of January 12, 1968 be approved as
corrected and waive reading of same.
VOICE VOTE: All present, in favor. So ordered.
III. ORDINANCES AND RESOLUTIONS:
A. ORDINANCE NO. C-407 AN ORDINANCE AMENDING SECTION 2-98 OF THE CODE OF
ORDINANCES OF THE VILLAGE OF OAK BROOK RELATING TO CUTTING OF NOXIOUS
WEEDS.
Proposed ordinance allows for charges based upon the size of the lot.
Trustee Imrie moved, seconded by Trustee Bushy...
To pass Ordinance No. G-407 as presented and waive the full reading
thereof.
ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Imrie, Maher, Rush, Winters
and President Cerne.
Nays: None
Absent: None So ordered.
ORDINANCE NO. S-626 AN ORDINANCE GRANTING A VARIATION FROM THE
PROVISIONS OF SECTION VII C 8 c OF THE ZONING ORDINANCE OF THE
VILLAGE OF OAK BROOK ORDINANCE G-60 AS AMENDED RELATIVE TO REAR
YARD REQUIREMENTS IN A R-1 SINGLE-FAMILY RESIDENCE DISTRICT 3406
Adams Road)-
Discussed and direction given at the Regular :fleeting of January 12,
1988.
Trustee Winters moved, seconded by Trustee Imrie...
VILLAGE OF OAK BROOK Minutes -I- January 26, 1988
f
VILLAGE OF OAK BROOK Minutes -2- January 26, 1988
To pass Ordinance No. S-626 as presented and waive the full reading
thereof.
ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Imrie, Maher, Rush, Winters
and President Cerne.
Nays: None
Absent: None So ordered.
C. ORDINANCE N0. 8-627 AN ORDINANCE GRANTING A VARIATION FROM THE
PROVISIONS OF SECTION R B 3 RELATIVE TO FLOOR AREA RATIO ON A LOT
ZONED ORA-1 1000 Commerce Drive - ATdT .
Discussed and direction given at the Regular Meeting of January 12,
1988.
Trustee Bushy moved, seconded by Trustee Rush...
To pass Ordinance No. S-627 as presented and waive the full reading
thereof.
ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Imrie, Maher, Rush
and President Cerne.
Nays: None
Absent: None
Abstain: Trustee Winters So ordered.
IV. FINANCIAL:
A. Treasurer's Reports:
Trustee Bartecki moved, seconded by Trustee Rush...
To approve the Treasurer's Reports for the Months of November, 1987
and December, 1987 as presented.
November Revenue Fund Balance
Corporate Fund $502,343.75 $5,255,107.70
Motor Fuel Tax Fund 9,939.43 174,052.70
Reserve For Capital -0- 449,869.32
Debt Service Fund -0- 704,044.24
Sports Core Fund 94,444.15 169,966.07
Water Fund 170,461.37 6,236,781.21
December Revenue Fund_Balance
Corporate Fund $980,726.19 $5,171,474.78
Motor Fuel Tax Fund 8,963.65 183,016.35
Reserve For Capital -0- 449,869.32
Debt Service Fund 17,486.72 19,656.96
Sports Core Fund 69,376.80 125,598.11
Water Fund 247,184.01 6,398,257.85
VOICE VOTE: All present, in favor. So ordered.
B. Intergovernmental Risk Mana ement A enc (IRMA) - 1988 Initial
Allocation:
Trustee Bartecki d, seconded by Trustee Rush...
To authorize payment to Intergovernmental Risk Management Agency
(IRMA) for the 1988 annual membership allocation in the amount of
$263,148.00.
VILLAGE OF OAK BROOK '•!inutes -2- January 26, 1968
( r
January 12, 1968
VILLAGE OF OAK BROOK Minutes -5-
B. Report of Activities:
1. Finance: Trustee Bartecki - Budget being prepared.
2. Personnel: Trustee Bushy - Introduced Police Officers Nugent and
Weber.
3. Public Safety,& Traffic: Trustee Rush - Chief James Clark retirement
effective February 29, 1988•
Trustee Bushy moved, seconded by Trustee Rush...
That Lt. Robert Nielsen be appointed Fire Chief effective March 1,
1988.
VOICE VOTE: All present, in favor.
So ordered.
Openings are now available for positions of lieutenant and firefighter.
4. Public Works & Library: Trustee Imrie - Library needs discussed at the
Committee-of-the-Whole meeting of January 11, 1988-
5. Sports Core: Trustee Maher - Budget being reviewed and Golf Club to
open on schedule.
6. Zoning & Planning: Trustee Winters - No report.
VI. NEW BUSINESS:
�Munder - Rear Yard Variation (3406 Adams Road):
On December 1, 1987, the Zoning Board of Appeals recommended approval
of the variation to per:ait construction of an addition to the house
which would encroach 60.5 feet into the 100-foot required rear yard.
Trustee Winters moved, seconded by Trustee Bushy...
To concur with the recommendation of the Zoning Board of Appeals and
direct the Village Attorney to prepare the appropriate document to
effectuate sane.
VOICE VOTE: All present, in favor.
So ordered.
B. AT&T - FAR VARIATION (1000 Commerce Drive):
On December 1, 1987, the Zoning Board of Appeals recommended approval
of the variation to the Floor Area Ratio standards from the existing
non-conforming FAR of 0.54 to 0.8.
Trustee Winters withdrew from participation due to employment by
Illinois Bell.
Trustee Rush moved, seconded by Trustee Bushy...
To concur with the recommendation of the Zoning Board of Appeals and
direct the Village Attorney to prepare the appropriate document to
effectuate same with the condition that should use related to the
telephone exchange facilities cease, the addition would be demolished,
reducing the FAR to .54.
VOICE VOTE: all present, in favor with Trustee Bartecki voting no and Trustee
'linters abstaining. So ordered.
C. Traffic Oakbrook Terrace Tower - Ernie Pyle Area:
Letter from Gerald M. Gorski, Attorney representing the Miolin-Beit'_er
Development, Oakbrook Terrace, dated December 3, 1987 requesting
participation to eliminate Castle Drive and provide better access tc
the 31-9tar^/ building.
Trustee Rua'n roved, seconded by Trustee
VILLAGE Or OAF. BROOK [4i notes
-5- January 13, 19?=
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
November 23, 1987 312990-3000
MEMO TO: The Zoning Board of Appeals
FROM: Bruce F. Kapff, Assistant to the Village Manager
SUBJECT: Munder Rear Yard Variation - 3406 Adams Road
The Zoning Board of Appeals, at its November 3rd meeting, tabled this subject
pending the following items:
1) Submission of a detailed site plan for the new residence.
2) Village Staff and Attorney determine the front, side and
rear yards for the lot.
As indicated in Mr. Gooder's letter of November 20, 1987, as Attorney for the
Munders, he has submitted two topographic surveys showing the proposed foot print
of the house as well as colored pictures of various portions of the property.
As indicated on the Plat of Survey, received November 19th, the house will be
located 39.5 feet as measured from the southerly lot line to the overhang of the
proposed house.
In discussions with the Village Attorney, Staff has determined that the rear yard
is adjacent to the southerly lot line and as such, the required variation is for
approximately a 60.5 foot encroachment into the 100 foot required rear yard. No
other Zoning variations are required under the current proposal.
Respectfully submitted,
Bruce F. Kapff
Assistant to the Village Manager
BFK/mf
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�COUNS4'
VI LLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
312990-3000
November 24, 1987
MEMO TO: Bruce Kapff - Assistant to the Village Manager
FROM: James E. Clark - Building Commissioner
Marianne Lakosil - Assistant to Building Commissioner
RE: 3406 Adams Road (Murder)
Determination made by Bureau of Inspection: A yard that abuts a private
easement for Ingress & Egress has consistantly been considered to be the
Front Yard.
The easement road on the subjects property has never been formally named,
but is commonly referred to as "Hidden Valley Lane". For purposes of
mail delivery, an Adams Road address is used by all residents abutting
the easement road. However, the yard is not considered to be the Front
Yard.
Similar examples of private easement roads that access off other streets
are: Oak Brook Hills Drive - Breckenridge Farm - Pine Hill Lane and
Frederick Drive.
A noted difference is that the easements have formally been named and
the Post Office has agreed to deliver mail to the mailbox in front of
the residence.
All residents abutting the private easement road had all used Adams
Road addresses until the village, (at the residents request) identified
the areas with street signs. Only in Breckenridge Farm does the Post
Office deliver to some of the residences, but several mailboxes still
remain on Adams Road, similar to "Hidden Valley Lane".
.•r' �����,% � ��'-G� t -mss.:— FCCommission James E. Clark Marianne Lakosil
Building Commissioner Assistant to Buildin r (J
G
LORD, BISSELL & BROOK
115 SOUTH LA SALLE STREET LOS ANGELES OFFICE
3250 WILSHIRE BOULEVARD
CHICAGO, ILLINOIS 60603 LOS ANGELES,CALIFORNIA 90010
(213) 487-7064
(312) 443-0700 TELEX: 18-1135
CABLE: LOWIRCO CGO ATLANTA OFFICE
THE EQUITABLE BUILDING
TELEX: 25-3070 100 PEACHTREE STREET'SUITE 2640
DAVID M.GOODER ATLANTA,GEORGIA 30303
1100 Jorie Boulevard (404):S47
TELEX:5437007 7
990-0561 Suite 153
Oak Brook, IL 60521
November 20, 1987
Mr. Bruce Kapff
Assistant to Village Manager
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60521
Re: 3406 Adams Street
Variation Request of Lee Munder
Dear Bruce:
The private road easement on and adjacent to the
Munder property was created by a grant of easement by G.
Harold Zook and his wife, Mildred Barnard Zook, to Otto J.
Nielsen by instrument recorded April 4, 1936, as Document
360, 812.
I have ordered a copy and will send one to you
as soon as it arrives.
Si erel yours,
David M. Gooder
DMG:pg
N '.vi r i ^
V P-
LORD, BISSELL & BROOK
115 SOUTH LA SALLE STREET LOS ANGELES OFFICE
CHICAGO ILLINOIS 60603 3260 WILSHIRE OULEVARD
CHICAGO, LOS ANGELES,CALIFORNIA C 90010
(213) 467-7064
(312) 443-0700 TELEX: 16-1135
CABLE: LOWIRCO COO ATLANTA OFFICE
TELEX: 25-3070 THE EQUITABLE BUILDING
100 PEACHTREE STREET,SUITE 2640
DAVID M.GOODER ATLANTA,GEORGIA 30303
(404)521-7790
990-0561 1100 Jorie Boulevard TELEX:543707
Suite 153
Oak Brook, IL 60521
� ,
November 20, 1987 �'ji,
Village of Oak Brook
1200 Oak Brook Road VILLAGE OF GAK BROGIA, IL.
Oak Brook, IL 60521 AD M I N I STRATI C3 N
Re: 3406 Adams Street
Variation Request of Lee Munder
Gentlemen:
This will confirm that on Thursday, November 19, 1987, I
filed on behalf of my client, Lee Munder, the following materials:
1. Rendering of proposed Munder house - 1 copy
2. Topographic Plat (scale 1"=10 ' ) of a southerly portion
of the Munder property showing footprint of proposed
house superimposed on the footprint of existing house -
18 copies
3. Topbgraphic Survey (scale 1"=201 ) of entire Munder
property showing footprint of proposed house superimposed
on the footprint of existing house - 18 copies
4. 18 packets of 8" x 10" color prints of various pictures
taken on the property since November 1, 1987 .
These materials are submitted in support of Mr. Munder' s
request for a yard variation to permit him to construct the proposed
house as shown. You will note that the existing house, built many
years before the formation of the Village, is set back no more than
25 feet from the south or rear lot line. Mr. Munder' s home would
be located no closer than 39-1/2 feet (overhang distance; 42 feet
foundation wall distance) from the south line. Thus a variation is
required since the rear yard is required to be 100 feet in depth in
an R-1 district.
6
LORD, BISSELL & BROOK • Village of Oak Brook
November 20, 1987
Page Two
In support of this variation, it should be noted that,
as the photographs and plats demonstrate, this is a unique lot
because of its topography which contributes to its outstanding
beauty. The vistas from the existing house to the north, north-
east and east make clear that the unusual topography creates a
house setting of unmatched beauty as well as severe complications
in locating the new house on the lot.
Without obtaining a variation, Mr. Munder could remodel
the existing house to add a second floor and additional living area
on the north side. The result would be to have the house about
15 feet closer to the south line. It would also make it difficult
to create the convenient internal arrangements and the external
attractiveness of Mr Munder' s proposed house. Furthermore, the
existing house is severely saturated or impregnated with radon gas.
The proposed house might be moved north down the slope
but at the loss of the screen of trees, magnificent vistas and at
the cost of removal of several fine, mature trees. Indeed, all of
Mr. Munder' s neighbors made clear at the first hearing that they
thought the house should be located in the area where the existing
house is. Furthermore, it would be extremely difficult, if not
impossible, to provide an adequate septic field for a home located
in the northerly half of the lot.
I
Mr. and Mrs. Munder, who have lived in Oak Brook and
have been active members of its residential and business community
for more than 15 years, had spent almost a year searching for a
new homesite on which to build a larger home. Their delight on
finding the subject property can best be expressed in Mr. Munder' s
own words, taken from a recent letter to me:
"After spending almost one year searching for an appropriate
homesite, we were delighted to find our property, which has
• very beautiful natural environment with many stately trees,
• winding creek, and a beautiful valley. We purchased the
property on the first day it was listed with the realtor.
Finding this bucolic setting conveniently located to our
professional and cultural activities was our dream come true.
Our goal whe we purchased the property was to maintain the
unique character while restoring some portions of the property
that have suffered from benign neglect over the years, i.e. ;
Installing a safe footpath through the woods and along
the creek by using natural, non-intrusive materials.
• Village of Oak Brook
LORD, BISSELL & BROOK November 20, 1987
Page Three
° Keeping the creek on its winding course by adding
natural materials at strategic points to stop
erosion of the soil.
° Identifying trees that have suffered damage from
insect infestation, age, and weather-related events
and having our tree expert attend to these matters
in a professional, caring way.
° The creek is eroding the roots of our trees and
needs to have natural materials put in place to
protect the trees.
Thus, our overall goal is not only to protect and maintain
this unusual property, but carefully enhance the area and
provide the means to ensure its environmental longevity.
The home that now exists on this property is located correctly
but lacks what we require in space, window placement to view
this magnificent property, architectural distinction (which is
why we have retained one of the premier architects in the Oak
Brook area, John Wendell, to design a home worthy of this
property) , appropriate security, gracious entertainment areas,
and quality interior and exterior appointments. We are
prepared to blend fine craftsmanship with discriminating
taste in order to preserve the charm and privacy of this
tranquil wooded area. "
Knowing that only a visit to the property can make clear
its attractiveness and that only one place on the lot is where a
home should be, Mr. Munder has asked me to extend to each member
of the Zoning Board an invitation to visit the property. He would
be happy to be your guide but unfortunately Mr. & Mrs. Munder will
be out of Oak Brook for Thanksgiving week. However, each member
of the Board should feel free to visit the property in their absence.
Supported by these compelling considerations we respect-
fully urge that the requested variation be granted. The Munder' s
situation is clearly due to unique circumstances and the variation
will not alter, but indeed enhance, the essential character of the
locality.
Finally, a review of the variation standards set forth
in Section XIII (G) (4) of the Village Zoning Ordinance fully supports
Mr. Munder' s request. The unique circumstances arise from the
particular physical surroundings and topographic conditions. These
would not be applicable generally to other property. Furthermore,
LORD, BISSELL & BROOK • • Village of Oak Brook
November 20, 1987
Page Four
the variation will not be detrimental to the public welfare nor
injurious to other property in the neighborhood. The variation
will not impair an adequate supply of light or air to adjacent
property, nor increase danger of fire or diminish property values
in the neighborhood. The purpose of the request is not to make
money from the property. Finally, � the difficulty has not been
created by Mr. Munder.
R pect ully o s,
David M. Goode
DMG:pg
IV-1 MUNDER - REAR YARD VARIATION ( 3406 Adams Road)
The Secretary noted that the required Legal Notice was
published in the Suburban Life Graphic on October 17, 1987 ,
and letters to nearby property owners were sent out October
20 , 1987 .
Chairman Savino swore in all those wishing to testify in
this matter.
Mr. Lee Munder and Mr. Steve Wendell were present to
represent this application. Mr. Wendell stated that there
are no clearly defined yards in this area since access is by
an undedicated road. Mr. Wendell indicated that Mr. Munder
has made application for a variation from the R-1 Zoning
District 100 ' rear yard requirement in order to construct a
new residence near the site of an existing residence. Mr.
Wendell indicated that it was necessary to locate the new
house in close proximity to the location of the existing
house to avoid destroying the uniqueness of the property.
Mr. Wendell stated that the existing residence is 27 ' from
the south property line, and the proposed residence would be
42 ' from the south property line.
A great deal of discussion ensued between the applicant, his
representative, the ZBA members, and staff about the
designation of the applicant' s rear, side, and front yards,
as well as the primary means of access to the lot.
Trustee Winters stated that yard designation was a legal
question, and, perhaps the ZBA should consider tabling this
application until the attorney renders an opinion on this
subject.
Chairman Savino inquired of Mr. Munder and Steve Wendell if
they had a set of plans for the proposed residence.
Steve Wendell replied, no, he only had a floor plan.
A motion was made by Member Weber, seconded by Member
Martinello, to table this application until the next Regular
Meeting on December 1, 1987 , and that in the interim the
applicant must present a detailed site plan for the proposed
new residence to the Village and Zoning Board of Appeals for
review, and the Village staff and attorney should meet to
determine the front, side, and rear yard designations for
Mr. Munder' s lot.
ROLL CALL VOTE: Ayes: (7)
Members Crouch, Herman,
Martinello, Sarwar,
Shumate, Weber,
Chairman Savino
ZONING BOARD OF APPEALS Minutes -3- November 3 , 1987
Nays: (0)
Absent: ( 0)
MOTION CARRIED. . .
V. SOUMAN - FENCE VARIATION ( 2215 Oak Brook Road)
The Secretary noted that the required Legal Notice was
published in the Suburban Life Graphic on October 17 , 1987 ,
and letters to nearby property owners were mailed on October
20 , 1987.
Chairman Savino swore in all those members wishing to
testify in this matter.
Mr. Richard F. Morris, consultant, was present to represent
this application. Mr. Morris stated that Dr. Souman wishes
to construct a security gate across his driveway entrance of
Oak Brook Road in order to prevent cars from using his
driveway as a turn-around. Mr. Morris indicated that the
gate would prevent injury to the Souman children, and
prevent motorists from driving into a retention pond on the
subject property. Mr. Morris indicated that a 42" high
fence, while it would be in conformance with the Village' s
open fence height requirement, would not be substantial
enough to stop a car, and it would not be as visible to
motorists. Mr. Morris stated that he was aware of 12 gates
which already existed in the Village. Mr. Morris indicated
that the main purpose of the gate was to protect the Souman
family and prevent illegal trespass.
Member Crouch stated that this is the first gate variation
he had heard in his seven years as a ZBA member. Member
Crouch indicated that this does not lend legitimacy to this
application, and he did not know how the other gates in the
Village were put in place.
Richard Morris stated that the Village Zoning Ordinance was
unclear about whether a gate is an open fence, and the other
gates were probably put in without permits.
Member Herman stated that she objected to the 90" height of
the proposed gate, and that a 42" gate would perform the
same function.
Member Weber stated that the existance of illegal structures
need not be taken into consideration, and he wanted
information on how the illegal gates were put in place.
Trustee Winters stated that the question was whether a
stand-alone gate was a fence, and if the village attorney
determines that a gate is a fence, then the variation is not
ZONING BOARD OF APPEALS Minutes -4- November 3, 1987
1
• VILE OF OAK BROOK Minutes • October 13, 1987
• K. DuPage County's Re qualifications as a Community Development Block Grant
CDBG Urban County:
Trustee Rush moved, seconded by Trustee Maher...
To approve Resolution No. R-437 declining participation in the
Community Development Block Grant Program and to notify the DuPage
County Community Development Department and the Federal Government
(HUD).
ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Imrie, Maher, Rush, Winters
and President Cerne.
Nays: None
Absent: ;lone So ordered.
L. Request - Northeastern Illinois Planning Commission (NIPC)
Contribution:
Trustee Bartecki moved, seconded by Trustee Bushy...
That Staff be directed to communicate to NIPC that the rquest for a
contribution in the amount of $1,517.00 be denied.
VOICE VOTE: All present, in favor. So ordered.
M. Bath 8 Tennis CLub - Asphalt Tennis Courts #7 and #8 Rerair:
Trustee Maher moved, seconded by Trustee hinters...
To accept the proposal from U. S. Tennis Court Contruction Company for
the repair, resurfacing and repainting of Courts #7 and #8 in the total
amount of $3,800.00 and waive advertising due to the specialized nature
of the -work.
VOICE VOTE: All present, in favor. So ordered.
N. Reouest for Quotations - Annual Maintenance of Nine Har-Tru Tennis
Courts:
Trustee Maher moved, seconded by Trustee Rush...
To direct staff to obtain quotes from Tom Dunlap and C. R. Peterson for
the annual maintenance and waive the necessary bidding requirements due
to the specialized nature of the work.
VOICE VOTE: All present, in favor. So ordered.
0. Referrals:
With no objections, President Cerne made the following referrals:
1. Swift-Eckrich - Request to Amend Variation Ordinance RE: Parking
(1919 Swift Drive) -- Referred to Zoning Board of Appeals Meeting of
November 3, 1987.
I Munder - Rear Yard Variation (3406 Admas Road) -- Referred to Zoning
2 g
1—/ ?oard of Appeals Meeting of November 3, 1987.
3. Souman - Fence Variation (2215 Oar Brook Road) -- Referred to Zoning
Board of Appeals :fleeting of November 3, 1987.
VII. ADJOURNMENT:
Trustee Winters moved, seconded by Trustee )?aher...
To adjourn this meeting. TIME: 12:19 A.M.
VOICE VOTE: All present, in favor. So ordered.
VILLAGE OF OAK BROOK Ainutes -7- October 1;, 1987
•M �
- I
VILLAGE OF OAK BROOK
ZONING BOARD OF APPEALS MINUTES
November 3 , 1987
I . CALL MEETING TO ORDER
The meeting was called to order at 7:30 p.m. by the
Chairman.
MEMBERS PRESENT: Members Claybourne A. Crouch
Elaine D. Herman
Roy C. Martinello
Mohammad Sarwar
Mack H. Shumate, Jr.
Paul W. Weber
Chairman Alfred P. Savino
MEMBERS ABSENT: None
ALSO PRESENT: Trustee H. Richard Winters
Village Manager Stephen Berley
Administrative Assistant Vince Long
II . APPROVAL OF MINUTES
A motion was made by Member Weber, seconded by Member
Sarwar, to approve the minutes of the August 4, 1987 Regular
Meeting and waive the full reading thereof.
VOICE VOTE: All in favor MOTION CARRIED. . .
Member Herman directed the Secretary to make a correction to
page 2 of the minutes of the October 6, 1987 Regular
Meeting.
A motion was made by Member Martinello, seconded by Member
Sarwar, to approve the corrected minutes of the October 6,
1987 Regular Meeting and waive the full reading thereof.
VOICE VOTE: All in favor MOTION CARRIED. . .
III . TRAYLOR - REAR YARD VARIATION (36 Breakenridge Farm
Road)
The Secretary noted that the required Legal Notice was
published in the Suburban Life Graphic on October 17, 1987 ,
and letters to nearby property owners were mailed October
19, 1987.
Chairman Savino swore in all members wishing to testify in
this matter.
ZONING BOARD OF :APPEALS Minutes -1- November 3, 1987
4 >
• PG�OF Ogke� •
w pp�
p 41
G O
COUNTY'
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
February 18, 1 '88 312 990-3000
MEMO TO: Stephen Berley, Village Manager
FROM: Bruce F. Kapff, Assistant to Village Manager
SUBJECT: Munder's Assessment Plat - 3406 Adams Road
This application has been filed in order to make the subject property a Lot of
Record.
As indicated in Dale's memo and David Gooder's letter of February 4, 1988, the
Munders are requesting a waiver of the requirement to place public utility
easements along the side and rear lot lines since the surrounding properties
already have access to utility services.
The next step in the approval process is for the Village Board to direct the
Village Attorney to prepare a resolution approving the plat for consideration
at a future Board Meeting.
Respectfully submitted,
Bruce F. Kapff
Assistant to Village Manager
BFK:sps
V
• GE OF 04ke
�wP AoO�
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�COUNT'�'
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
February 17, 1988
312990-3000
MEMO TO: Bruce F. Kapff, Assistant to Village Manager
FROM: Dale L. Durfey, Jr. , P.E.
SUBJECT: Munder's Assessment Plat
I have reviewed the assessment plat received February 17, 1988 and offer the following
comments:
1. The plat does not contain the six (6') foot side yard and ten (10') foot
rear yard public utility easements as required by the subdivision ordinance.
The applicant's attorney, David Gooder, has requested that these easements
be waived in a letter dated February 4, 1988.
In the Board's deliberation of this waiver request, I note that the properties
abutting the two (2) side lot lines and the rear lot line are private property
and not public ways. It therefore might be conceivable in the future for
utility installations to be installed in these areas. Although I do not see
an immediate need for these easements, situations may rise in the future where
they might be needed.
2. The "20' Utilities Easement" along the northerly lot line of Lot 1 should be
entitled "20' Public Utilities Easement" to comply with the verbage within the
Owner's Certificate.
3. The Surveyor's Certificate incorrectly states that the property shown on the
plat is not within a flood hazard area. The FEMA Flood Maps depict a portion
of Lot 1 as being within a Zone B flood hazard area. The Surveyor's Certificate
should therefore be corrected.
I spoke today with Melvin A. Hummel, the applicant's surveyor, and discussed with him
items 2 and 3. Mr. Hummel stated that he would make the necessary corrections as
requested.
Respe tflally ubmitted,
Dale L. Durfey, Jr. , P.E. ,
Village Engineer
DLD/etg
l
RESOLUTION NO. R- 443
A RESOLUTION APPROVING MUNDER'S ASSESSMENT PLAT
BE IT RESOLVED 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 assessment plat consisting of one sheet and entitled
"Munder's Assessment Plat" prepared by Muehling and Associates and dated
February 10, 1988, be and is hereby approved subject to the conditions
enumerated in Section 2 of this Resolution.
Section 2: That the approval of Munder's Assessment Plat as given in
Section 1 hereof be and is expressly subject to the following conditions:
A. That the plat be amended to include 6 foot side yard and 10 foot rear
yard easements for public utility purposes, granted solely to the Village
\ of Oak Brook and its assignees.
Section 3: That the easements granted to the Village of Oak Brook, as
referred to in Section 2 hereof are hereby accepted.
PASSED AND APPROVED THIS 8th day of March 1988, by
the President and Board of Trustees of the Village of Oak Brook, DuPage and
Cook Counties, Illinois, according to a roll call vote as follows:
Ayes: Trustees Bushy, Imrie, Maher, Rush & Winters
Nays: None
Absent: Trustee Bartecki
Village President
ATTEST:
Village Clerk,
RES- 7 /��
VILLAGE OF OAK BROOK
MINUTES OF THE REGULAR MEETING
March 8, 1988
MEETING CALL
The Regular Meeting of the Board of Trustees was called to order by President
Cerne in the Samuel E. Dean Board Room of the Village Commons at 8:00 P.M.
I. ROLL CALL:
PRESENT: President Wence F. Cerne
Trustees Karen M. Bushy
Walter C. Imrie
Ronald P. :Maher
Joseph H. Rush
H. Richard Winters
ABSENT: Trustee Garry J. Bartecki
PLEDGE TO THE FLAG
II. APPROVAL OF MINUTES:
Trustee Imrie moved, seconded by Trustee Rush...
That the Minutes of the Regular Meeting of February 23, 1988 be approved as
presented and waive reading of same.
VOICE VOTE: All present, in favor with Trustee Winters abstaining.
So ordered.
III. ORDINANCES AND RESOLUTIONS:
j,� A RESOLUTION NO. R-443 A RESOLUTION APPROVING MUNDER'S ASSESSMENT PLAT.
_f
Discussed and direction given at the Regular Meeting of February 23,
1988.
Trustee Winters moved, seconded by Trustee Imrie...
To pass Resolution No. R-443 as presented and waive the full reading
thereof.
ROLL CALL VOTE: Ayes: Trustees Bushy, Imrie, Maher, Rush, Winters
and President Cerne.
Nays: None
Absent: Trustee Bartecki So ordered.
B. RESOLUTIONS APPROVING THE MFT FUNDS FOR 1987 AND 1988=
1. RESOLUTION NO. R-444 A RESOLUTION FOR MAINTENANCE OF STREETS AND
HIGHWAYS BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE.
Proposed Resolution allows for the expenditure of 375,680 from the
Motor Fuel Tax Funds for 1987. The 1987 budget included $26,180 for
deicer salt and 349,500 for energy costs.
Trustee Imrie moved, seconded by Tustee Rush...
To pass Resolution lo. R-444 which appropriates 375,620 in Motor Fuel
Tax Funds for the calendar year 1987.
ROLL CALL VOTE: Aye3: Trustees Bushy, Imria, Maher, Rush, Winters
and President Cerne
:Mays: None
Absent: -ru3tge Bartecki So order==.
VILLAG% OF OAK BROOK :?inures
_i_ larch 3, 1?88
VILLAGE OF OAK BROOK Minutes -5- February 23, 1988
VOICE VOTE: All present, in favor. So ordered.
y G. 8CS Pavement Rehabilitation (22nd Street/Jorie Boulevard) - Contract
for Professional Engineering Services:
Trustee Imrie moved, seconded by Trustee Bushy...
To authorize Staff to negotiate a contract with Crawford, Murphy &
Tilly, Inc., to provide professional engineering services for pavement
rehabilitation at the subject location.
VOICE VOTE: All present, in favor. So ordered.
H. I. ORDINANCE N0. G-408 AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 14
OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK RELATIVE TO
4+ VILLAGE RECREATIONAL FACILITIES:
Discussed and direction given at the Regular Meeting of January 26,
1988.
Trustee Maher moved, seconded by Trustee Rush...
To pass Ordinance No. G-408 as presented and to waive reading of same.
ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Imrie, Maher, Rush
and President Cerne.
Nays: None
Absent: Trustee Winters So ordered.
2. ORDINANCE NO G-409 AN ORDINANCE AMENDING SECTION 14-12(e)(2) OF
THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK RELATING TO
PERMANENT RESERVE WEEKEND STARTING TIMES AT THE OAK BROOK GOLF
- CLUB:
Suggested changes to the tee times policy discussed at the Regular
Meeting of January 26, 1988•
Trustee Maher moved, seconded by Trustee Bushy...
To pass Ordinance No. G-409 as presented and to waive reading of same.
ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Imrie, Maher, Rush
and President Cerne.
Nays: None
Absent: Trustee Winters So ordered.
(0,_ Munder Assessment Plat:
Application filed to make the subject property a Lot of Record.
Trustee Imrie moved, seconded by Trustee Bartecki...
To approve the Munder Assessment Plat subject to items outlined in memo
from Engineer Durfey dated February 17, 1988 be incorporated into the
plat with the understanding that the easement on the south lot line be
granted solely to the Village of Oak Brook and authorize the Village
Attorney to prepare the necessary resolution to effectuate same.
VOICE VOTE: All present, is favor.
So ordered.
J. Souman - Fence Variation (2215 Oak Brook Road):
On February 2, 1988 the Zoning Board of Appeals recommeded denial of a
driveway entrance gate approx 7' 6" in height.
Trustee Rush moved, seconded by Trustee Bartecki...
To table the variation request for further review of the Zoning
Ordinance as it relates to gates.
VILLAGE OF OAK BROOK Minutes -5- February 23, 1988
LORD, BISSELL & BROOK
115 SOUTH LA SALLE STREET LOS ANGELES OFFICE
3250 WILSHIRE BOULEVARD
CHICAGO, ILLINOIS 60603 LOS ANGELES,CALIFORNIA 90010
(213) 467-7064
(312) 443-0700 TELEX: I8-1135
CABLE: LOWIRCO CGO ATLANTA OFFICE
THE EQUITABLE BUILDING
TELEX:25-3070 100 PEACHTREE STREET,SUITE 2640
DAVID M.GOODER 1100 Jorie Boulevard ATLANTA,GEORGIA 30303
(404)521-7790
990-0561 Suite 153 TELEX:543707
Oak Brook, IL 60521
February 4 , 1988
F�8 0 5 M3
Village of Oak Brook VILi.AG 0' CAIN I.r3CQai' 1�_
1200 Oak Brook Road ADMINI_9TRATI0N
Oak Brook, IL 60521
Re: Munder' s Assessment Plat
3406 Adams Road
Gentlemen:
On behalf of my client, Lee Munder, the owner of the
property at 3406 Adams Road, it is hereby requested that
Munder' s Assessment Plat prepared by Muehling and Associates
and dated December 15, 1987, and since twice revised, be
approved. The Plat was initially submitted December 24 , 1987.
It is now being further revised to reflect Dale Durfey' s
latest comment and a mylar or sepia and four copies will be
delivered to you before February 12 , 1988. Delivered herewith
is a signed Application for Assessment Plat Approval.
In connection with the Plat approval it is requested
that the requirement of public untility easements along the
side and rear lot lines be waived for the reason that the
residential lots adjacent to the side and rear lot lines of
Mr. Munder' s property have ready-access to utility service.
The adjacent lots are located as follows:
1. Those adjacent to the south or rear lot line
face 35th Street.
2. Those adjacent to the east side lot line face
on Adams Road.
3. The lot adjacent to the southerly portion of
the west side lot line is within the Hunter
Trails Subdivision and has utility service from
the internal street system.
3
LORD, BISSELL & BROOK Village of Oak Brook
February 4, 1988
Page Two
4. The lot adjacent to the northerly portion of the
west side lot line will be directly adjacent to
the 20 ' public utility easement to be granted by
Mr. Munder along the north lot line of his property.
Re pe tfully you
David M. Gooder
DMG:pg
Encl
cc Dale Durfey
Lee Munder
,fry; J VILLAGE OF PRELIMINARY PLAT OF SUBDIVISION APPL.
'S Q FINAL PLAT OF SUBDIVISION APPLICATION
. OAK
BROOK
ASSESS= PLAT APPLICATION
z. 654-2220
1200 Oak Brook Road rib Be Filed With Village Clerk
Oak Brook, Illinois 60521
SUBDIVISION TITLE: blunder' s Assessment Plat DATE FILED:
GENERAL I.00ATICN OR ADDRESS OF PROPERTY TO BE SUBDIVIDED:
3406 Adams Road
NAME OF APPLICANT: Lee blunder
PHONE NO. 574-3030
ADDRESS: 170 Briarwood North CITY Oak Brook STATE Illinois 60521
Zip Code
RELATIONSHIP OF APPLICANT TO PROPERTY:
Owner
04dqER OF RECORD: same as applicant P1ICIIE NO.
ADDRESS: CITY STATE
Zip Code
BENEFICIARY UES) OF TRUST:
NAME: N/A .:.. PHONE NO.
ADDRESS: C STATE
Zip Code
ZA10
�rvv L
(Signature of Ap icant)/1•_
U&MRs AFFIDAVIT FOR SUBDIVISIONS OF NOT MORE THAN FIVE (5) ICTS: DLO
This plat contains the entire contiguous undeveloped land area in which I have
any interest.
(Signature of Omer)
IDENTIFY STFUCTURES AND OTHER IMPROVEMENTS ON THE PROPERTY:
House and attached garage
Flood Plains: - --- 0 Sq. Ft. are under Flood Plain Ordinance and are graphically
depicted on attached plans.
SIZING BY LAND USE CATEGORY
RESIDENTIAL CCt24EERCIAL OPEN SPACE OTHER TOTAL
NO. OF LC7TS 1 -0- -0- -0- 1
NO. of ACRES 2. 499 -0- -0- -0- 2.499
NO. OF SQ. FT. 108 , 856 -0- -0- -0- 108, 856
Page 1
IVIES OF SURROUNDING PROPERTY OWNERS:
Following are the names and addresses of surrotuxli.ng property owners from the property in
question for a distance of approximately 250 feet in all directions, and the ntmiber of
feet occupied by all public r(xids, streets, a1lcys, mid Pedflic- ways havr. been excluded in
computing the 250 foot requirt3iv--.nt. Said nkui"s are as recordod i.i► flit✓ office. of Uus
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
Morris Mather 3401 Adams Road, Oak Brook, II, 60521
John D. Capps 3423 N. Adams Street, Hinsdale, IL 60521
E. F. Walker 3406 Adams Road, Oak Brook, IL 60521
Harry Z . Bender 34th & Adams, Oak Brook, IL 60521
Helen M. L. Hall 1124 35th Street, Oak Brook, IL 60521
Bonita E. Bergdoll 46 Mockingbird Lane, Oak Brook, IL 60521
John Maher 3414 Adams Rd. , Oak Brook, IL 60521
Bernice T. Bahnsen 1006 35th Street, Oak Brook, IL 60521
Dr. & Mrs. R. L. Warpeha 1020 35th Street, Oak Brook, IL 60521
Michael & Nancy Sorvillo 1010 35th Street, Oak Brook, IL 60521
William J. Gilligan Adams & Spring Road, Oak Brook, IL 60521
Laverne Stovicek, Trustee 3324 N. Adams Street, Oak Brook, IL 60521
Narain D. & Sarla Sawlani 708 Deer Trail, Oak Brook, IL 60521
Harris Bank Hinsdale,
Trust L-1384 709 Deer Trail Drive, Oak Brook, IL 60521
Robin J. Buxbaum 740 S . Garfield, Hinsdale, IL 60521
Refer to Oak Brook Code: Appendix B - Subdivision Regulations
All applications mint be acccmpani.ed by proper fee and (18) copies of the proposed sub-
division, and must be received prior to the 15th of the month for Plan Commission review
on the third Monday of the following month-
G-289
Preliminary Plat $20.00 per lot or $25.00 minimun
3/24/81 Final Plat $100.00 - NO IMIPROVEMERrS
(Plus Plan Review & Inspection Fees,
if required)
12/11 No charge
12/11/79 Assessment Plat �_
RECEIVED: NAME: DATE: AMOUNT
Check No /%yam
RECEIVED BY: DAZE: 8
Village Clerk
APPLICANT SHOULD BE PRESENT AT MEETINGS CHECI�IM
All meetings are held in the Samuel E. Dean Board Roan of the Oak Brook Village Comrons,
1200 Oak Brook Road, Oak Brook, Illinois 60521.
Board of Trustees (Referral) .. ....... .. ... 7:30 P.M., Tuesday
X ,
Plan Commission Meeting. ....... ..... ... ..... 7:30 P.M. , Monday y/
X Board of Trustees Meeting... .......... ...... 7:30 P.M., Tuesday Z Az 3/5'7
PRIOR TO SCHEDULED MEETING, APPLICANT IS TO CONTACT VILLAGE
ENGINEER AND REQUEST STATUS OF PLAT REvml, ALLONING FOR
NOTE: SUFFICIENT TIME TO RESUf3MIrT WITH ANY NECESSARY ADDITICUS OR
CORRECTIONS.
Page 2
V I L L O F ZUN 01011 NANCE' FIMD PLAIN
R KK � OAK BKOOK
j� --v 1200 OAK BROOK ROAD l
APPEAL =1 VARIAI'IUN
i � OAK BROOK, ILLINOIS 60521 $100 $300
• 990-3000
VARIATION - f 1 SPECIAL US)
$300 1—_ $675
APPLICATION FOR PUBLIC 11FARING
AMENDMENT
TO BE FILED WITH VILLAGE CLERK $650
SPECIAL USE
$400
(Section 2-225, 8/11/8.
------------------------------------------------------
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 SUBJEC'
PROPERTY.
-------------------------------------------------- ---------------
DO NOT WRITE IN 11-1IS SPACE - FOR OFFICE USE ONLY
Q
Date Filed: Board of Trustees Referral October 13, 1987
/'4 ''��
Notice Published: October 17, 1987 Newspaper: Suburban Lift-
Date Adjacent Property Owners Notified: October 17, 1987 Staff Referral: -
Public Hearing Dates: Plan Commission - Zoning Board of Appeals Nov. 3, 198;
Board of Trustees Nov 19, 1987 Board of Trustees Nov. 24, 1987
(Approval of Ordinanc
Ub y Received By:
FEE PAID: $ Receipt eceipt No. :
Village..:Clerk
----------------------------
-------------------
APPLICANI' TO CO1`1PLETE
LOCATION OF SUBJECT PROPERTY:
PERMANENT PARCEL NUMBER 06-35-200-044
West 112
LOT NO. of Lot 5 SUBDIVISION ADDRESS
.1406 Adams R ii-ad-
ZONING R1
ZONING ORDINANCE SECTION Rear Lot Line
ACTION REQUESTED To locate rear lot line and -Establish rear building line at 30 ft
A Variation from the provisions of Section VII(C) (8) (c) which requires rear yards of 100'
in the R-1 Single-Family Detached Residence District to construct a residence 30' from
the rear lot line.
PROPERTY INTEREST OF APPLICANT: OWNERCq CONTRACT PURCHASER AGENTI�
OWNER(S) OF RECORD Mr. & Mrs . Lee Munder PHONE NUMBER 323-5544
ADDRESS 170 Briarwood North, Oak Brook, IL ZIP 60521
BENEFICIARY(IES) OF TRUST: PHONE NUMBER
ZIP
ADDRESS
PHONE NUMBER 968-2412
NAME 'OF APPLICANT Steven J. Wendell
ADDRESS 1121 Warren Ave. , Downers Grove IL ZIP
(we) certify iat 1/of t a ov statements and the statements contained in any papers
or plans subm ed r wit r to the best of Ryy (our) knowledge and belief.
9116/87
i natu e) pi cant Datere) Applicant Date
�s_ s
NOTICE TO APPLI Cr1N1'S
i
Filing Schedule
VARIATION: LUST BE RECEIVED APPROXIT9IELY SIX (6) WEEKS PRIOR TO IliE
PUBLIC HEARING HELD ON THE FIRST 'TUESDAY OF EACH MONTH.
AMENDN ENT OR
SPECIAL USE: MUST BE RI7_CEIVED PRIOR TO 11IE 15111 OF 111E NIONTII FOR PLAN
COMMISSION HEARING ON 'D EE 'D II RD MONDAY OF 711E FOLLOWING
MONT1i, 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.
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 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. 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 applica-
tion for a Variation: (1) Proof that a Variation would increase the financial re-
turn 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 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
Morris Mather 3401 Adams Road, Oak Brook IL
John D. Capps 3423 N Adams St Hinsdale II
" E. F. Walker 3406 Adams Road, Oak Brook II
Harry Z. Bender 34th & Adams Road, Oak Brook II
Helen M. L. Hall 1124 35th St. Oak Brook IL
Bonita E. Bergdoll 46 Mockingbird Lane, Oak Brook IL
John Maher 3414 Adams Rd. Oak Brook IL
Bernice T. Bahnsen 1006 35th St. , Oak Brook IL
Dr. & Mrs. R. L. Warpeha 1020 35th St. , Oak Brook IL
Michael & Nancy Sorvillo 1010 35th St. , Oak Brook IL
William J. Gilligan Adams & Spring Rd. , Oak Brook, IL
Laverne Stovicek, Trustee 3324 N. Akams St. , Oak Brook, IL
Narain D. & Sarla Sawlani 708 Deer Trail , Oak Brook, IL
Harris Bdnk Hinsdale, Trust L-1384 709 Deer Trail Dr. , Oak Brook, IL
Robin J. Buxbaum 740 S. Garfield, Hinsdale, IL
FO
jvPGfc O� AK eAOO�
9O�COUNty��2
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
October 30, 1987
312 990-3000
MEMO TO: Zoning Board of Appeals
FROM: Vince Long, Administrative Assistant
SUBJECT: Munder - Rear Yard Variation (3406 Adams Road)
Mr. Lee Munder, as owner, has made application for a Variation from the
provisions of Section VII(C) (8) (c) , which Section requires rear yards
of 100' in R-1 Zoning District, in order to construct a new residence
near the site of an existing residence.
The new residence would encroach approximately 58' into the required
rear yard; the existing residence currently encroaches approximately 73'
into the required rear yard.
I have enclosed Section VII(C) (8) (c) , and Section %III(G) , noting the
standards utilized by the Zoning Board of Appeals in reviewing Variation
applications.
Respectfully submitted,
Vince Long
Administrative Assistant
VL/mf
APPENDIX A—ZONING Sec. VII
(3) Lot Area: Except as otherwise required in this ordi-
nance for a specific use—not less than 2 acres.
(4) Lot Width: Not less than 220 feet within the buildable
area.
(5) Floor Area Ratio: Not to exceed 0.4 for nonresidential
uses.
(6) Structure Height:
(a) Residential uses: Not more than 30 feet and not
more than two and one-half stories. .
(b) Other nonresidential uses: Not more than 45 feet.
(7) Ground Floor Area per Dwelling.
(a) One story—not less than 2,000 square feet.
(b) Bi-level—not less than 1,800 square feet.
(c) Dwellings having more than one story—not less
than 1,500 square feet.
(8) Yards:
Except as required in Section VII C-1-g (2) and (4) of
this ordinance, yards shall be provided as follows:
(a) Front: Not less than 50 feet in depth—except front
yards abutting York and Cermak Roads shall have
a depth of not less than 100 feet.
(b) Side: Not less than 30 feet in depth—except (1) a
side yard abutting a street shall be not less than
50 feet, in depth and each interior side yard shall
be increased by not less than 2 feet for each one
foot of structure height over 30 feet, and (2) side
yards abutting 22nd Street, York Road and Butter-
field Road shall have a depth of not less than 100
feet
(c) Rear. Not less than 100 feet in depth-
(9) Off-Street Loading and Off-Street Parking. As in Sec.
tion XI of this ordinance.
897
Sec. XIII OAK BROOK 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
i
APPENDIX A—ZONING Sec.XIII
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
filed 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.
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-
tions governing the district in which it is
located.
7 (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
;2
Sec.XIII OAK BROOK CODE
WM The particular physical surroundings, shape,
or topographical conditions of the specific
property involved would bring a particular
hardship upon the owner as distinguished
from a mere inconvenience if the strict letter
of the regulation were to be carried out.
(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
F 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
y adequate supply of light and air to adjacent
property, or substantially increase the danger
of fire, or otherwise endanger the public safety
or substantially diminish or impair property
. values within the neighborhood.
(5) That the purpose of the variation is not based
exclusively upon a desire to make more money
_ out of the property.
(6)9; 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 this 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
M
APPENDIX A—ZONING Sec.XIII
e be achieved b in
could otherwise Y 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 districts; nor
authorizing other than single-family detached res-
idences in the R1, R2, R3 and R4 Districts.
t (6) Re-applications: Any person, firm, or corporation
having been denied a variation to the Zoning
Ordinance respecting a specific parcel of property may
not re-apply 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. G-137,
9-14-71)
(H) Plan Commission.
Jurisdiction.
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-
tions 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
GOOF OAk9
vP BOO
p tll
G O
4 `cam
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
312990-3000
October 20, 1987
Dear Resident,
The Oak Brook Plan Commission and/or Zoning Board of Appeals, and the Village
Board will be considering a:
R 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 Mr. & Mrs. Lee Munder
Name of applicant
170 Briarwood North, Oak Brook
Address
Relationship of applicant
to property Owner
N/A
Name of Subdivision (if applicable)
The property in question is situated at: 3406 Adams Road
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(C)(8)(c) pertaining to rear yard
requirement of 100 feet in R-1 Single-Family Detatched Residence District in
order to construct a new residence which would encroach approximately 58 feet
into the required rear yard.
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.
Sincerely yours,
Stephen Berley
Village Manager
SB j r
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 Nov. 3, 1987
Board of Trustees Meeting. . . . . . . . . . . . . . . . . . .7:30 P.M. Tuesday Nov. 24 , 1987
MAP OF AREA
' ,
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12 i 13 }�• __ _
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2 J�� r Y DO til •x •. we S
20
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si—htit``.:.G,k.//n�\°� y' ♦, r�x it♦ I le. ��1so i � 1`�'�%::
0
40an Life GRAPHIC
239 Ogden Avenue
Downers Grove, Illinois 60515
Gentlemen:
Please publish the following legal notice for publication on October 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
November 3, 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 Mr. and Mrs.
Lee Munder for a variation as provided under Section XIII(G) of the Zoning
Ordinance of the Village of Oak Brook, Illinois, Ordinance G-60, as amended.
A variation to the following Sections of the Zoning Ordinance is requested: A
variation from the provisions of Section VII(C)(8)(c) pertaining to rear yard
requirement of 100 feet in R-1 Single-Family Detached Residence District in order
to contruct a new residence which would encroach approximately 58 feet into the
required rear yard.
The property may be generally described as 3406 Adams Road Oak Brook,
Illinois, and the legal description is as follows: The west half of Lot 5 in
the Southwest Quarter of the North East Quarter of Section 35, Township 39 North,
Range 11 East of the Third Principal Meridian, said Lot_ 5 described as follows:
Beginning at a stake 5 chains North of the Southeast Corner of the South half of
the West half of the Northeast Quarter of said Section 35; running thence North 5
chains; thence West 10 chains; thence South 5 chains; thence East 10 chains, to
the place of beginning, in DuPage County, Illinois.
Permanent Parcel Number 06-35-200-001.
All persons desiring to be heard in support of or in opposition to the proposed
variation 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.
SUBURBAN LIFE GRAPF
Certificate of Publication
STATE OF ILLINOIS) LEGAL NOTICE'
COUNTY OF DU PAGE) SS. VILLAGE OF OAK BROOK
DU PAGE AND
COOK COUNTIES, ILLINOIS
NOTICE OF PUBLIC HEARING
This affiant, J a r k R K t t h i Ic , being
first duly sworn on oath, deposes and says that he is NOTICE IS'HEREBY GIVEN that a
public hearing before the Zoning Board
the duly elected and acting P r e S; dent of Life of Appeals of the Village of Oak Brook
Printing Publishing Co., Inc., a corporation DuPage and Cook Counties, Illinois,will
g I
organized and existing under the laws of the State of P.M.be held on November 3, 1987 at 7:30
in the Oak Brook Village Hall, 1200
Illinois, that the said Life Printing & Publishing Co. Oak Brook Road) Illinois, for the pur-
Inc., is publisher of a twice weekly secular pose of considering the application of
Mr, and Mrs. 'Lee Munder for a varia
newspaper published in the Village of ,tion as provided under Section XIII(G)
0 R k R r n n k County of DuPage, of the Zoning Ordinance of the following
Sections of the Zoning Ordinance is re-
and State of Illinois, on Wednesday, and on Satur- quested: A variation from the provi-
day of each week, and having a general circulation sions of Section VII(C)(8)(c) pertaining
to rear yard requirement of 100 feet in
within the Village of flak R r n c R-1 Single-Family Detached.Residence
County of DuPage, and State of Illinois, that this af- District in order to conduct a new resi-
fiant is duly authorized, in behalf of said corpora- deuce which would encroach approxi-
mately 58 feet into the required rear
tion, to make this affidavit, and states that a notice, yard.
of which the annexed is a true copy, was published The property may be generally Oak
in the said Suburban Life Graphic one times, scribed as .3406 Adams Road,
Brook, Illinois, and the legal description
on as follows: The west half of Lot 5 in the
the 17 t h day of 0 c}^her _, A.D., Southwest Quarter of the North East
19_�Z, on x x , the.XX--day of Quarter of Section 35, Township 39
North, Range 11 East of the Third
X X , A.D., lg, X X Principal Meridian, said Lot 5 described
Affiant further states that the said Suburban Life as follows: Beginning at a stake 5
chains North of the Southeast Corner of
Graphic was a twice weekly newspaper published the South half of the West half of the
in the Village of n R k R r o o k and Northeast Quarter of said Section 35;
running thenco North 5 chains; thence
having a general ciculation in the Village of West 10 chains; thence South 5 chains;
fl R►c R r n n k at and during the - thence East 10 chains, to the place of
time said annexed notice was published in said beginning,in DuPage County,Illinois.
Permanent Parcel Number 06-35-200-
newspaper, said Life Printing & Publishing Co., 001.
Inc., publisher of said newspaper, was a corpora- All persons desiring, to be heard in
support of or 1n opposition to the pro-
tion duly organized and existing under and by vir- posed variation or , any provision
tue of the laws of the State of Illinois, and that the thereof, will be afforded an opportunity
said Suburban Life Graphic has been regularly to do so and may submit their state-
ments orally,or in writing or both. The
published more than one (1) year prior to the first hearing may be:recessed to another
publication of the annexed notice. date.if notice is publi of time and place thereof
cly
The Suburban Life Graphic is a newspaper as is given by anounced at the hearing or
nnewspaper publication not
defined in Act-Chapter 10 Sections 1 and S, Il- less than five (5) days prior to the date
linois revised Statutes." of the recessed hearing
Marianne Lakosil,
Jack R. Kubik Village Clerk
President �4�X�t�tN �: .
,
Published at the direction of the Cor-
Subscribed and sworn to before is porate Authorities and the Zoning Board
2 0th day of Oct o b e r bf Appeals of the Village of Oak Brook,
DuPage and Cook Counties, Illinois.
A. .19 G1173 i
Notary ublic
My Commission e ires
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