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S-634 - 05/10/1988 - VARIATION - Ordinances VAitwATied��1�q'RI�i ORDIe:. 4CE NO. S- 634 PAI Ar "•Z2-q07"!/� R!t-sq&O's +�. AN ORDINAMCS GRAMM VARIA IONS YAOMMING PARK.= ARM 8829am AM MQUIM T (noon t, Country - soatbumst der Uonte e3 and 16th Street) WHEREAS, an application has been filed requesting variations from the provisions of Section XI(E)(7) and Section VIIZ(C)(4) of the Oak Brook Zoning Ordin-:,nce, ordinance G-60, as amended; and WHEREAS, a public hearing on such application has been conducted by the Zoning Board of Appeals of the Village on February 2 4d April 5, 1988 pursuant to due and appropriate legal notice; and WHEREAS, a recommendation has been made by the said Toning Board of Appeals that the variations requested be granted.; and WHEREAS, the said Zoning Board of Appeals wade explicit findings that the variation requested meets the applicable standards set forth in Section xII(G)(4) of the said Oak Brook Zoning Ordinance; and WHEREAS, the President and Board of Trustees of the Village concur with the recommendations and findings made by the Wising Board of Appeals; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AM BOARD OF TRUSTEES OF THE VILLAGE OF OAR -BROOK, DU PAM AND COOK COUNTIES, ILLINOIS as follow:: Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: That a variation is hereby granted from the provisions of Section VIII(C)(4) and Section XI(E)(7) of the Code of Ordinances of the Zoning ordinance of the Village of Oak Brock sox an to allow the building construction and the proposed parking area no closer than 2.5 feet from the southerly lot line of Wt 2. Section 3: That a variation is hereby granted from tha provisions of Section VIII(C)(4) so as to permit construction of a building encroaching 30 feet into the 60 foot required yard adjoining Monterey Avenue. Section 4: That this Ordinance is limited and restricted to the property located at 1603 16th Street, Oak Brook, Illinois, which property is legally described as: Lots 1 and 2 in Block 1 in Town Development Company's Elmhurst Countryside Unit dumber Three, being a subdivision in the South East 1/4 Section 22, Township 39 forth, Range 11, East of the Third Principal ` Meridian, --wording to the plat thereof recorded November 13, 194S as Document 4871, in DuPage County, Illinois. Permanent Parcel Nos, 06-22-409-001 and 06-22-409-002. Section S: That the variations granted pursuant to the provision of this Ordinance are hereby made expressly subject to the following conditions: 1) That the owners and/or developers of the subject property construct a berm with landscaping between Route 83 and the proposed parking area to nerve as screening within the time limits set forth for land improvements in the Subdivision Regulations of the Village. 2) That all retail uses of the property otherwise authorized under the B-1 Local Shopping Center District zoning classifications are prohibited except au accessory uses. 3) That access to Monterey Drive will be prohibited for all the contiguous property consisting of Lots 1, 2 and 3 described as follows: Lots 1 and 2 and the North 1/2 of Lot 3 in Block 1 in Town Development Company's Elmhurst Countryside Unit Number Three, being a subdivision in the South East 1/4 Section 22, Township 39 North, Range 11, Enat of the Third Principal Meridian, according to the plat thereof recorded November 13, 1945 as Document 487163, in DuPage County, Illinois. Permanent Parcel Nos. 06-22-409-002, 06-22-409-002 and 06-22-409-003. m s6. �j/ �� •b4 �r ti�0 Oip, y OP ZOO-L v I� 900-9 CA o to 1/O-9L cc �, ` L�•o�l °� o 0 LL'E7l °' is V koo- /b'99/ z A qz0-O/ w zoos/ "10 7 � Jo's[ •• 01�� a3ta l�/d$tl53� z00-W 92 oQ/ q_lK oo o At. �' 4. aon ,l z6 ee sc Ng 1Q7 s�!1 -=Fd o l� GO OF Oqk e 9po� o �2 FCOUNtr' VI LLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521-2255 May 16, 1988 .r 312 990-3000 Mr. David M. Gooder Attorney at Law Lord, Bissell & Brook 1100 Jorie Boulevard, Suite 153 Oak Brook, Illinois 60521 RE: Town & Country Dear Dave: The Village Board, at its Regular Meeting of May 10, 1988, passed and approved the following ordinances and resolution pertaining to the Town & Country applications, copies of which are enclosed for your files: Ordinance No. 5-631 - An Ordinance Annexing Certain Territory to the Village of Oak Brook, DuPage and Cook Counties, Illinois Pursuant to Section 7-1-8 of the Illinois Municipal Code Chapter 24 of the Illinois Revised Statutes (Town & Country) Ordinance No. S-632 - An Ordinance Rezoning Certain Properties from R-1 and R-4 to B-1 Local Shopping Center District (Town & Country)(Southwest Corner Route 83 and 16th Street) Ordinance No. 5-633 - An Ordinance Granting a Variation from the Provisions of Section RI D ? of the Zoning Ordinance of the Village of Oak Brook, Ordinance G-60, as Amended, Relative to Loading Berth Requirements in the B-1 Local Shopping Center District (Town & Country - Southwest Corner Route 83 and 16th Street) rdinance No. S-634 - An Ordinance Granting Variations Regarding Parking Area Setback and Required Yards (Town & Country - Southwest Corner Route 83 and 16th Street) Resolution No. R-451 - A Resolution Approving the Final Plat of Subdivision of Property Located at the Southwest Corner of Rte. 83 and 16th Street (Town & Country Resubdivision) If I can be of further service, please do not hesitate to contact me. Sincerely, Bruce F. Kapff Assistant to Village Manager BFK/jr Enclosure 0 ► ORDINANCE NO. 5-633 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION XI(D)(7) OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK, ORDINANCE G-60, AS AMENDED, RELATIVE TO LOADING BERTH REQUIREMENTS IN THE B-1 LOCAL SHOPPING CENTER DISTRICT (Town & Country - Southwest Corner Route 83 and 16th Street) WHEREAS, an application has been filed requesting a variation from the provisions of Section XI(D)(7) of the Oak Brook Zoning Ordinance, Ordinance G-60, as amended regarding loading berths; and WHEREAS, a public hearing on such application has been conducted by the Zoning Board of Appeals of the Village on February 2, 1988 pursuant to due and appropriate legal notice; and WHEREAS, a recommendation has been made by the said Zoning Board of Appeals that the variation requested be granted; and WHEREAS, the said Zoning Board of Appeals made explicit findings that the variation requested meets the applicable standards set forth in Section XIII(G)(4) of the said Oak Brook Zoning Ordinance; and WHEREAS, the President and Board of Trustees of the Village concur with the recommendations and findings made by the Zoning Board of Appeals; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: That a variation is hereby granted from the provisions of Section XI(D)(7) of the Zoning Ordinance of the Village of Oak Brook so as to eliminate the need to construct a loading berth on the subject property. Section 3: That this Ordinance is limited and restricted to the property located at 1603 16th Street, Oak Brook, Illinois, which property is legally described as: Lots 1 and 2 in Block 1 in Town Development Company's Elmhurst Countryside Unit Number Three, being a subdivision in the South East 1/4 Section 22, Township 39 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded November 13, 1945 as Document 487163, in DuPage County, Illinois. Permanent Parcel Nos. 06-22-409-001 and 06-22-409-002. Section 5: That this Ordinance shall be in full force and effect from and after passage and approval as provided by law. PASSED THIS 10th day of May 1988. Ayes: Trustees Bartecki, Bushy, Imrie, Rush and Winters Nays: None Absent: Trustee Maher i • f ordinance S- 633 Granting a Variation Relative to Loading Berth Requirements Page Two APPROVED THIS 10th day of Mal' 1988. -� Village'F�resident ATTEST: Village Clerk ff Approved as toiForm: Vill ge Attorney Published Date Paper Not Published XX ORD S-4 .---___ --, ..y aivaocc 1t&L bc%:ni. . . To pass Ordinance No. S-632 as amended and waive the full reading thereof. ROLL CALL VOTE: Ayes: Trustees Bartecki , Bushy, Imrie, Rush, Winters and President Cerne. Nays: None Absent: Trustee Maher. So ordered. D. ORDINANCE NO. S-633 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION XI D 7 OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK, ORDINANCE G-60, AS AMENDED, RELATIVE TO LOADING BERTH REQUIREMENTS IN THE B-1 LOCAL SHOPPING CENTER DISTRICT Town & Country- Southwest Corner Route 83 and 16th Street 1603 16th Street : Discussed and direction given at the Regular Meeting of March 8, lgs3R. Trustee Winters moved, seconded by Trustee Rush. . . To pass Ordinance No. 5-633 as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Imrie, Rush, Winters and President Cerne. Nays: None Absent: Trustee Maher. So ordered. OE- ORDINANCE NO. S-634 AN ORDINANCE GRANTING VARIATIONS REGARDING PARKING AREA SETBACK AND REQUIRED YARDS kTown & Country - Southwest Corner Route 83 and 16th Street 1603 16th Street : Discussed and direction given at the Regular Meetings of Mnrch A nni April 2.6, 1988. Trustee Winters moved, seconded by Trustee Rush. . . To pass Ordinance No. S-634 as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Imrie, Rush, Winters and President Cerne. Nays: None Absent: Trustee Maher. So ordered. F. RESOLUTION NO. R-451 A RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF RTE. 83 AND 16TIl STREET Town & Country Resubdivision T1603 16th Street): Discussed and direction given at the Regulnr Meeting of March f3, 19FIF3. Trustee Winters moved, seconded by Trustee Bartecki. . . To pnns Resolution No. R-451 as presented and waive the full rending thereof. VILLAGE OF OAK BROOK Minutes -2- May 10, 1966 Mr. David M. Gooder Attorney at Law Lord, Bissell & Brook 1100 Jorie Boulevard, Suite 153 Oak Brook, Illinois 60521 RE: Town & Country Dear Dave: The Village Board, at its Regular Meeting of May 10, 1988, passed and approved the following ordinances and resolution pertaining to the Town & Country applications, copies of which are enclosed for your files: Ordinance No. S-631 - An Ordinance Annexing Certain Territory to the Village of Oak Brook, DuPage and Cook Counties, Illinois Pursuant to Section 7-1-8 of the Illinois Municipal Code Chapter 24 of the Illinois Revised Statutes (mown & Country) Ordinance No. S-632 - An Ordinance Rezoning Certain Properties from R-1 and R-4 to B-1 Local Shopping Center District (Town & Country)(Southwest Corner Route 83 and 16th Street) rdinance No. S-633 - An Ordinance Granting a Variation from the Provisions of Section XI D 7 of the Zoning Ordinance of the Village of Oak Brook, Ordinance G-60, as Amended, Relative to Loading Berth Requirements in the B-1 Local Shopping Center District (Town & Country - Southwest Corner Route 83 and 16th Street) Ordinance No. 9-634 - An Ordinance Granting Variations Regarding Parking Area Setback and Required Yards (Town & Country - Southwest Corner Route 83 and 16th Street) Resolution No. R-451 - A Resolution Approving the Final Plat of Subdivision of Property Located at the Southwest Corner of Rte. 83 and 16th Street (Town & Country Resubdivision) If I can be of further service, please do not hesitate to contact me. Sincerely, Bruce F. Kapff Assistant to Village Manager BFK/jr Enclosure Absent: Trustee Maher. So ordered. F. RESOLUTION NO. R-451 A RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF RTE. 83 AND 16TH STREET Town & Country Resubdivision 1603 16th Street)- Discussed treet :Discussed and direction given at the Regular Meeting of March £i, 1988. Trustee Winters moved, seconded by Trustee Bartecki. . . To pass Resolution No. R-451 as presented and waive the full rending thereof. VILLAGE OF OAK BROOK Minutes -2- - Mny 10, 1988 April 28, 1988 312 990-3000 MEMO TO: John H. Brechin, Village Attorney FROM: Bruce F. Kapff, Assistant to Village Manager SUBJECT: Zoning Recommendations from Village Board Meeting of April 26, 1988 XWN & COUNTRY - ADDITIONAL SIDE YARD VARIATION The Village Board directed you to prepare the necessary ordinance approving this Variation which permits a 30-foot encroachment into the 60-foot side yard adjacent to Monterey Avenue. UIDC - FLOOD PLAIN SPECIAL USE PERMIT The Village Board directed the preparation of an ordinance approving same subject to the following conditions: 1) Provision of an "As-built" Mylar to the Village following construction. 2) Certification to the Village that the applicant has obtained any necessary approvals from other governmental entities in conjunction with this project, including but not limited to, Hinsdale Sanitary District, FEMA, Illinois Division of Water Resources and the Kane/DuPage Water Conservation District. BETO - SIDE YARD VARIATION The Village Board directed preparation of an ordinance approving the Variation as requested. FOGARTY - REAR YARD VARIATION This item was tabled to the next Board meeting for further consideration, therefore, no ordinances were directed. Respectfully submitted, 60� Bruce F. Kapff Assistant to Village nager BFK/jr VOICE VOTE: All present, in favor. So ordered. I. Beto - Side Yard Variation (3 Meadowood Drive): On April 5, 1988, the Zoning Board of Appeals recommended approval of the requested side yard variation to permit construction of an addition to an existing house to encroach approximately 3.5 feet into the 12-foot Required Side Yard. VILLAGE OF OAK BROOK Minutes -4- April 26, 1986 ,vPp�pP 04ke9O0� O N G p O COUNO VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 311940-3000 April 21, 1988 MEMO TO: Village President and Board of Trustees FROM: Bruce F. Kapff, Assistant to Village Manager SUBJECT: Town & Country Homes - Additional Yard Variation The Village Board, at its March 8 meeting, considered the Town and Country Homes Development and directed preparation of all necessary documents approving same, including a stipulation that the building be moved westerly to increase the Route 83 setback from 30 feet to at least 60 feet. Upon further analysis following that meeting, it was determined that an additional variation would then be required reducing the 60-foot setback adjacent to Monterey Avenue to 30 feet based on the revised Site Plan prepared by Landscapes By Design inc. dated March 18, 1988. This additional variation was heard by the Zoning Board of Appeals at its April 5th meeting, and on a unanimous vote received a favorable recommendation. In the event the Village Board looks favorably on this additional variation, the Village Attorney would then prepare the necessary ordinance which together with the other documents prepared as a result of the Village Board' s March 8th meeting would then be heard by the Board at its May 10th meeting. Respectfully submitted, Bruce F. Kapff Assistant to Village Manager BFK/jr OF 0AK6 ��yP 9oGf to O N G O 4 �l COU NS.4 VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 April 14, 1988 312990-3000 Village President and Board of Trustees 1200 Oak Brook Road Oak Brook, IL 60521 Re: Town & Country Yard Variation S.W. Corner Rte. 83 & 16th Street Dear President & Board of Trustees: The Zoning Board, at its regular meeting of April 5, 1988, considered the Town & Country application which would permit a building to be constructed encroaching approximately 30' into the 60' side yard adjoining Monterey Avenue. A motion was made by Member Weber, seconded by Member Crouch, to recommend approval of the side yard variation. This recommendation was approved on a roll call vote of seven ayes, Members Crouch, Herman, Martinello, Sarwar, Shumate, Weber and Chairman Savino; zero nays. Sincerely, AP. Savi o an Zoning Board of Appeals APS:sps t&c A motion was made by Member Shumate, seconded by Member Herman, to recommend approval of the variations which would permit construction of two additions to the existing non-conforming structure encroaching approximately 48' into the 60' required rear yard based on adequate testimony presented indicating conformance with the variation standards as contained in Section XIII(G)(4) of the Zoning Ordinance. VOICE VOTE: Ayes: (6) Members Herman, Martinello, Sarwar, Shumate, Weber Chairman Savino Nays: (1) Member Crouch MOTION CARRIED. . . OT TOWN & COUNTRY YARD VARIATION (S.W. Corner Rte. 83 & 16th Street) The Secretary noted the required legal notice published in the Suburban Life Graphic March 19, 1988 and notice to surrounding property owners on March 28, 1988. Larry Peterman, Landscape Architect; and David Gooder, attorney; were present representing this application and made the following comments: 1. The additional variation required at this time is for a 30' encroachment into the 60' side yard adjoining Monterey Avenue based on a shifting of the building westerly as a result of discussions with the Village Board on March 8. 2. Plans are to increase the amount of landscaping between the building and Monterey Avenue as well as keeping much of the existing large plant stock. 3. The building as modified will be approximately 45' from Monterey Avenue pavement. 4. Their specific hardship is the necessity to meet Route 83 setback provisions as directed by the Village Board. A motion was made by Member Weber, seconded by Member Crouch, to recommend approval of the side yard variation which would permit construction of a building encroaching 30' into the 60' side yard adjoining Monterey Avenue based on adequate testimony indicating compliance with the variation standards as contained in Section XIII(G)(4) of the Zoning Ordinance. ROLL CALL VOTE: Ayes: (7) Members Crouch, Herman, Martinello, Sarwar, Shumate, Weber and Chairman Savino MOTION CARRIED. . . Zoning Board of Appeals -4- April 5, 1988 33 G�0F 0,4 if o w � o 4 2 `tCOUN(4 VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 March 30, 1988 312990-3000 MEMO TO: Zoning Board of Appeals FROM: Bruce F. Kapff, Assistant to Village Manager SUBJECT: Town & Country Side Yard Variation Southwest Corner Route 83 and 16th Street The Zoning Board of Appeals previously reviewed variation requests from Town & Country Homes concerning their proposed office building. At the Village Board Meeting of March 8, a consensus was reached that the building should be moved toward the westerly lot line with the parking shifted so that it would be adjacent to Route 83. However, this modification to the site plan required a rethinking of the yards and as such the current site plans dated as received March 25, 1988 requires a side yard variation from the westerly lot line adjacent to Monterey Avenue. The B-1 side yard requirement for a side yard adjoining a street is for a minimum of 60' , and as such the current variation request is to reduce that separation to 301 . Attached to this memo is a copy of the particular standards which the Zoning Board should utilize in reviewing variation requests. Respectfully submitted, )!?-r'� �75A Bruce F. Kapff Assistant to Village Manager BFK:sps t&ch cc: Mr. David Gooder LORD, BISSELL & BROOK �a The Village ofBrook 1200 Oak Brook � • Oak Brook, IL 60521 Gentlemen: Please publish the following legal notice for publication on March 19, 1988. 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 "M Appeals of the Village of Oak Brook, DuPage and Cook Counties, Illinois, will be held on April 5, 1988 at 7:30 p.m. in the Oak Brook Village Hall, 1200 Oak Brook Road, Illinois, for the purpose of considering the application of Town & Country Homes 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 Section of the Zoning Ordinance is requested: A variation from the provisions of Section VIII(C)(4) to permit construction of a building approximately 30' from the westerly lot line instead of the 60' separation required. The property may be generally described as 1603 16th Street and the lot directly south thereof, Oak Brook, Illinois, and the legal description is as follows: Lots 1, 2 in Block One of Towns Development Elmhurst Countryside Unit Three, Being a Subdivision of Section 22, Township 39 North, Range 11 East of the Third Principal Meridian, DuPage County, Illinois, Recorded November 13, 1945 as Document No. 487163. Permanent Parcel No. 06-22-409-001 and No. 06-22-409-202. 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. Published in the Suburban Life Graphic LGLNOT2 a� LORD, BISSELL & BROOK IIS SOUTH LA SALLE STREET LOS ANGELES OFFICE 3250 WILSHIRE BOULEVARD CHICAGO, ILLINOIS 60603 LOS ANGELES,CALIFORNIA 90010 (213) 487-7064 (312) 443-0700 TELEX: I8-1135 CABLE: LOWIRCO COO ATLANTA OFFICE TELEX:25-3070 THE EQUITABLE BUILDING 100 PEACHTREE STREET,SUITE 2640 DAVID M.GOODEq 1100 Jorie Boulevard ATLANTA,GEORGIA 30303 (404)521-7790 990-0561 Suite 153 TELEX: 543707 Oak Brook, IL 60521 March 14, 1988 Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60521 Att'n: Bruce Kapff Re: Property Located at Southwest Corner of 16th Street & Route 83 Requests of Town & Country Homes Dear Bruce: This will confirm that my client, Town & Country Homes, wishes to amend its request for zoning variations to add the following variation: Reduce required yard and building setback along west line of Lots 1 & 2 to 30 feet. Sinc ly yours, David M. Gooder DMG:pg cc Richard Van Schaardenburg WEB MAR 14 1988 VILLAGE OF OAK BROOK, IL. ADMIN19TRATION 1. Annexation: A petition has been filed by the contract purchaser, Town & Country Homes, to annex Lot 2 to the Village of Oak Brook. 2. Rezoning from Residential to B-1, Local Shopping Center District: Plan Commission on 88 and the Zoning Both the January 18 1 9 g Board of Appeals, on February 2, 1988, unanimously recommend yd approval of the requested rezoning. The Plan Commission attached the following conditions to its recommendation: (a) Construction of a berm with landscaping between Route 83 and the proposed parking area to serve as screening. (b) Retail uses be prohibited. (c) Access to Monterey Avenue be prohibited. (d) All three lots be bound by a covenant running with the land restricting future sales to the sale of the entire property as a whole. (e) Lot 3 be limited to use for landscaping and storm water detention. 3. Variations Regarding: Loading Berth: The Zoning Board of Appeals, on February 2, 1988, unanimously recommended approval of the request to eliminate the need to construct a loading berth. Side Yard: The Zoning Board of Appeals, on February 2, 1988, unanimously recommended approval of the side yard setback variation based on the condition that the three properties be bound by a covenant restricting the sale of all three properties as a whole. Parking Setback: The Zoning Board of Appeals, on February 2, 1988, unanimously recommended approval of the parking setback variation based on the condition that the three properties be bound by a covenant restricting the sale of all three properties as a whole. 4. Final Plat of Subdivision: The Plan Commission, on February 15, 1988, unanimously recommended approval of the Town & Country Resubdivision creating one (1) lot of Lots 1 and 2, subject to the following conditions: (a) The outstanding items within Engineer Durfey's memo of February 10, 1988 be completed. (b) Waiver of public utility easements along both the east and south lot line. (c) A no-access strip be added along the westerly lot line. Trustee 'Minters moved, seconded by Trustee Bushy. . . VILLAGE OF OAK BROOK Minutes -5- March 8, 1988 aiuo�cc 1LLL1G 11aVYcu, OVl Vaa Vy ILU.O. ( .. I'1[1alGL• • • That the Village enter into a formal agreement with the Department of Commerce, Bureau of the Census, to conduct a Special Census in the summer of 1988 and to forward a check for $5,000 with the Agreement to the Bureau of the Census. ROLL CALL VOTE: Ayes: Trustees Bushy, Imrie, Maher, Rush, Winters and President Cerne. Nays: None Absent: Trustee Bartecki So ordered. C. Purchase of Cellular Phones for ESDA Program: The performance and specifications of seventeen (17) different cellular phones were studied to determine which model would best suit the needs of the Village. Trustee Rush moved, seconded by Trustee Bushy. . . To approve the purchase of two (2) portable Motorola 8100L single channel phones in the total amount of $2,900 for use by the Police and Fire Departments and waive the bidding requirements as this is the only truly waterproof unit available. ROLL CALL VOTE: Ayes: Trustees Bushy, Imrie, Maher, Rush and President Cerne. Nays: None Absent: Trustee Bartecki Abstain: Trustee Winters So ordered. D. Bath and Tennis Club Swimming Pool Start-Up Costs: Trustee Maher moved, seconded by Trustee Rush. . . To authorize issuance of a purchase order in the amount of $3,400 to McGoo's Pool Service for the annual start-up of the swimming pool's filtration system and waive the bidding requirements due to the specialized nature of the labor. ROLL CALL VOTE: Ayes: Trustees Bushy, Imrie, Maher, Rush, Winters and President Cerne. Nags: None Absent: Trustee Bartecki So ordered. E. Replacement of Heating and Cooling Unit at the Golf Building: Following discussion, a re-evaluation of the system was requested and a new program to be presented to the Board. F. Amendment to Sports Core Open Field Ordinance: Trustee Maher moved, seconded by Trustee Imrie. . . VILLAGE OF OAK BROOK Minutes -6- March 8, 1988 .23 ti vPGOF OF 0q,,e90 j C� Y.7 O M1 G p .0 `t1 COUNt� VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -21255 February 22, 19;13 3 t 3 a a C)-3 0 0 0 MEMO TO: Stephen Berley, Village Manager FROM: Bruce F. Kapff, Assistant to Village Manager SUBJECT: Town & Country Annexation, Rezoning, Yard, Parking and Loading Berth Variations, Final Plat Town & Country Homes, as contact purchaser, is proposing construction of a 12,000 sq. ft. two-story office building on the subject property. As noted on the attached map, property owned by Town & Country presently lies within three jurisdictions; Lot 2 is proposed to be annexed to the Village of Oak Brook; Lot 3 will remain in the City of Oakbrook Terrace and will be used for landscaping and storm water detention requirements. A quick summary of their particular applications is as follows: 1. Annexation - A petition has been filed by the property owner to annex Lot 2 to the Village of Oak Brook. 2. Rezoning from Residential to B-1, Local Shopping Center District. Lots 1 and 2 are proposed to be rezoned from their current residential zoning to the B-1, Local Shopping Center District which permits a floor area ratio up to 0.5 and a structure height of not more than 30' and two stories. The proposed two-story office building of 12,000 sq. ft. results in a floor area ratio of 0.42 based solely on the site area of Lots 1 and 2. Both the Plan Commission on January 18th, and the Zoning Board on February 2nd, unanimously recommended approval of the requested rezoning. The Plan Commission attached the following conditions to its recommendation: (a) Construction of a berm with landscaping between Route 83 and the proposed parking area to serve as screening. (b) Retail uses be prohibited. (c) Access to Monterey Avenue be prohibited. (d) All three lots be bound by a covenant running with the land restricting future sales to the sale of the entire property as a whole. a{ Stephen Berley Page 2 February 22, 1988 (e) Lot 3 be limited to use for landscaping and storm water detention. 3. Loading Berth Variation. Section XI(D)(7) requires one loading berth for office buildings of 5,000 to 25,000 sq. ft. The Zoning Board, at its February 2nd meeting, unanimously recommended approval of the request to eliminate the need to construct a loading berth. 4. Side Yard Variation. Section VIII(C)(4)(b) requires a side yard adjoining a residence district to be twice the side yard depth of the adjoining residence district. The property owner has chosen Monterey Avenue as its front yard and therefore, the southerly side yard is required to be 20' based on the Oakbrook Terrace side yard standard of 10' since the adjoining Lot 3 is within Oakbrook Terrace and is residentially zoned. The Zoning Board of Appeals at is February 2nd meeting unanimously recommended approval of this setback variation based on the condition that the three properties be bound by a covenant restricting the sale of all three properties as a whole. The proposed site plan notes a 2.5' separation between the building and southerly lot line of Lot 2. This separation, when added to the 37.5' width of Lot 3 (within Oakbrook Terrace) results in a 40' separation between the proposed structure and the southerly lot line of property owned by Town & Country. The Zoning Board felt the variation was appropriate since the side yard setback would in essence be met since no structures will be constructed within that 40' area. 5. Parking Area Setback Variation - Section XI(E)(7) requires parking areas containing four or more parking spaces to be not less than 40' from an adjoining residence district boundary. The proposed parking area is also located 2.5' from the southerly lot line of Lot 2 and as noted above, there will in essence be 40' separation between the parking area and the southerly lot line of properties owned by Town & Country. The Zoning Board of Appeals unanimously recommended approval of this variation based upon the same condition noted in conjunction with the above side yard variation. 6. Final Plat of Subdivision - This proposed resubdivision would combine Lots 1 and 2 into one lot. �l Stephen Berley Page 3 February 22, 1988 The Plan Commission, at its February 15th meeting, unanimously recommended approval of this subdivision subject to the following conditions: (a) The outstanding items within Engineer Durfey's memo of February 10th be completed. (b) Waiver of public utility easements along both the east and south lot lines. (c) A no-access strip be added along the westerly lot line. The next step in the approval process is to direct the Village Attorney to prepare the necessary documents for consideration by the Board at a future meeting. Respectfully submitted, Bruce F. Kapff Assistant to Village Manager BFK:sps T&C1 o�D PGE OF 04k a • �v OOf 6 7 O f/1 G p 4 `t1 �COUN-0 VILLAGE O F OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 February 8, 1988 31 ? 990-3000 Village President and Board of Trustees 1100 Oak Brook Road Oak Brook, IL 60521 Re: Town & Country Homes Rezoning; Parking, Side & Loading Berth Variations Dear President & Board of Trustees: The Zoning Board of Appeals at its Regular Meeting of February 2, 1988, considered the application of Town & Country Homes as contract purchaser of the property located at the southwest corner of Route 83 and 16th Street. Specifics of their application are as follows: 1. Rezoning of property from R-4 to B-1, Local Shopping Center District. 2. Loading berth variation, eliminating the requirement to construct one loading berth for this 12,000 sq. ft. office building. 3. Building setback variation, reducing the required 20' side yard from the adjoining residence district boundary to 2.5' based upon testimony indicating that there will, in fact, be a 40' separation to the southerly lot line of Town & Country property which is located within Oakbrook Terrace. 4. Parking area setback, reducing the 40' required setback to an adjoining residence district boundary to 2.5' , which, based upon testimony, also indicated there will in fact be a 40' separation to the southerly lot line within Oakbrook Terrace. The Zoning Board of Appeals recommends approval of the request for rezoning based upon the following findings of fact: 1. The character of the neighborhood has changed. 2. The proposed rezoning will increase property values in the area. 3. The property is suitable for the proposed use. �9 President & Board of Trustees Town & Country Page 2 February 8, 1988 4. Existing uses and zoning of nearby properties are in the process of changing or have already changed to a commercial use. 5. The proposed rezoning will have no negative impact on the public's health, safety or general welfare. This recommendation was made on a motion by Member Weber, seconded by Member Crouch, approved on a roll call vote of seven ayes, Members Crouch, Herman, Martinello, Sarwar, Shumate, Weber and Chairman Savino. The Zoning Board of Appeals further recommends approval of the requested loading berth variation based upon the following findings of fact: 1. The plight of the owner is due to unique circumstances based on the small size of the proposed structure. 2. The variation, if granted, will not alter the essential character of the neighborhood. 3. The condition upon which the petition is based would not be generally applicable to other properties within this zoning classification. 4. Granting of the variation will not be detrimental to the public welfare or injurious to other properties. 5. The purpose of the variation is not based upon a desire to make more money out of the property. This recommendation was made on a motion by Member Shumate, seconded by Member Martinello and approved on a roll call vote of seven ayes by Members Crouch, Martinello, Sarwar, Shumate, Herman, Weber and Chairman Savino. The Zoning Board of Appeals further recommends approval of the building and parking setback variations subject to the property owner executing a covenant which would restrict the sale of the entire property as a whole including the southerly lot within Oakbrook Terrace. This recommendation is made based upon the following findings of fact: 1. The property in question cannot yield a reasonable return if required to meet the current setback regulations. 2. The variation, if granted, will not alter the essential character of the neighborhood. 3. The property is unique since it will be located in two jurisdictions. Setback regulations will, in essence, be met if the property owned by the applicant within Oakrook Terrace is included in the calculations. d President & Board of Trustees Town & Country Page 3 February 8, 1988 This recommendation was made on a motion by Member Crouch, seconded by Member Martinello, and approved on a roll call vote of seven ayes by Members Crouch, Martinello, Sarwar, Shumate, Herman, Weber and Chairman Savino. Since ely, Alfred . Savino Chairman Zoning Board of Appeals APS:bfk:sps DRA.PT, Au ROLL CALL VOTE: Ayes: (5) Members Crouch, Martinello, Herman, Sarwar, Weber Nays: (2) Members Shumate, Chairman Savino MOTION CARRIED. . . VI. TCW`LN & COUNTRY - Rezoning, Yard, Parking & Loading Berth Variations SW Corner of Route 83 and 16th Street The Secretary noted the required local notice published in the Oak Brook Doings January 14, 198E and notice .wailed to surrounding property owners on January 7, 1988. David Gooder, attorney; Jack Wallace, Vice President, Town & Country Hcmes; and Larry Peterman, landscape architect, were present representing this application and made the following comments: 1. Requested zoning relief is as follows: (a) Rezoning of the property from R-4 to B-1 (b) Loading berth variation, eliminating the requirement to construct one loading berth. (c) Side yard variation, reducing the 20' side yard to 2.5' to the adjoining residence district boundary. There will, however, be a 40' separation between the structure and the southerly lot line owned by Town & Country Homes which lies within Oakbrook Terrace. (d) Parking variation, reducing the 40' required separation between parking area and an adjoining residence district boundary to 2.5' . As noted above, there will be a 40' separation between the parking area and the southerly lot line of property owned by Town & Country Homes. 2. Access will be prohibited to Monterey Avenue. 3. Both the building and parking areas will be sunk down into the site since the existing topography 6' above Route 83 elevation. This will serve to screen the building and parking areas from view. 4. The loading berth requirement is excessive for a building this size since, although the loading berth would fit on the site, it would never be utilized following initial move in by Town & Country Homes. 5. The proposed building of 12,000 sq. ft. will be more than adequate for growth since approximately 20o will be unoccupied. ZONING BOARD OF APPEALS Minutes -5- February 2, 1988 �b General discussion ensued among Zoning Board members concerning the relative merits of the application. A motion was made by Member Weber, seconded by Member Crouch, to recommend to the Board of Trustees approval of the retested rezoning from R-4 to B-1 based on the following findings c- fact: 1. The character of the neighborhood has changed. 2. The proposed rezoning will increase property values in the area. 3. The property is suitable-for the proposed use. 4. Existing uses and zoning of nearby properties are in the process of changing or have already changed to a commercial use. 5. The proposed rezoning will have no negative impact on the public's health, safety or general welfare. ROLL CALL VOTE: Ayes: (7) Members Crouch, Herman, Martinello, Sarear, Shumate, Weber and Chairman Savino MOTION CARRIED. . . A motion was made by Member Shumate, and seconded by Member Martinello, to recommend approval of the requested loading berth variation which would eliminate the need for construction of a loading berth based upon the following findings of fact: 1. The plight of the owner is due to unique circumstances based on the small size of the proposed structure. 2. The variation, if granted, will not alter the essential character of the neighborhood. 3. The condition upon which the petition is based would not be generally applicable to other properties within this zoning classification. 4. Granting of the variation will not be detrimental to the public welfare or injurious to other properties. 5. The purpose of the variation is not based upon a desire to make more money out of the property. ROLL CALL VOTE: Ayes: (7) Members Crouch, Herman, , Martinello, Sarwar, Shumate, Weber and Chairman Savino MOTION CARRIED. . . ZONING BOARD OF APPEALS Minutes -6- February 2, 1983 A motion was made by Member Crouch, seconded by Member Martinello, to recommend approval of both the building and parking setback variations based upon the following findings of fact: 1. The property in question cannot yield a reasonable return if required to meet the current setback regulations. 2. The variation, if granted, will not alter the essential character of the neighborhood. _. T`:s groper`_y is unique since it will be located in two juri.sc_c_ions. Setback recuiations will, in essence, be met if the property owned by the applicant within Oakrook Terrace is included in the calculations. This recomme,dation is made on the condition that the parcel within Oakbrook Terrace owned by Town & Country Homes be bound by a covenant restricting its sale only in conjunction with the northerly properties which will be within the Village of Oak Brook. ROLL CALL VOTE: Ayes: (7) Members Crouch, Herman, Martinello, Sa-rwar, Shumate, Weber and Chairman Savino MOTION CARRIED. . . VII. ADJOURNi['NT A motion was made by Member Crouch, seconded by Member Martinello, to adjourn the meeting. VOICE VOTE: All in favor MOTION CARRIED. . . The Chairman adjourned this Regular Meeting of the Zoning Board of Appeals at 11:22 p.m. Respectfully submitted, Bruce F. Kapff Secretary Approved ZONING BOARD OF APPEALS Minutes - 7 - February 2, 1988 I } 4 2 q 0 C�COUNTy VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 312 990-3000 cr January 28, 1988 MEMO TO: Zoning Board of Appeals FROM: Bruce F. Kapff, Assistant to Village Manager SUBJECT: Town & Country - Side Yard, Loading Berth and Parking Variation - SW Corner of Route 83 and 16th Street In conjunction with the proposed development of this property and rezoning to the B-1 local shopping center district, the following three variations have been requested. �. Section XI (D) (7) of the Zoning Ordinance requires one off-street loading berth for buildings 5,000 to 25,000 sq. ft. in size. The proposed structure would contain 12,000 sq. ft. of office space, and no loading berths. DSection VIII(C) ( 4b) states that "side yards shall not be required except ( 3) a side yard shall be provided along a side lot line adjoining a residence district and shall not be less than twice the side yard depth of the adjoining residence district." Based upon conversations with the applicant, the front yard of this development will be considered as Monterey Avenue. The proposed structure will be located approximately 2. 5 ' from a residence district located within the City of Oakbrook Terrace which requires a 10 ' side yard; therefore, based on Oak Brook's side yard requirements, a 20 ' side yard would be required on the Town & Country property. It should be noted that the lot directly south of the subject development which is 37 .5 ' in width is also owned by Town & Country Homes and will not contain any structures. Therefore, in essence, there will be a 40 ' separation between the actual structure and the southerly lot line of the Town & Country property. � - Z1&74 V Town & Country Homes Side Yard, Loading Berth Page 2 January 28, 1988 30 Section XI(E) (7) states in part as follows: "A parking area containing four or more parking spaces shall be not less than 40 ' from an - adjoining n -adjoining residence district boundary, " The site plan indicates a 2 .5 ' separation from the Oakbrook Terrace residence district boundary line instead of the 40 ' required. However, as indicated with the previous variation request, there will be a 40 ' separation between the parking area and the southerly lot line of the Town & Country properties located in Oakbrook Terrace. The Zoning Board of Appeals in its review of these variation requests should utilize the standards contained in Section XIII(G) concerning the merits of the request. Respectfully submitted, Bruce F. Kapff �7�e Assistant to Village Manager BFK:sps GOOF OgKe �v P AOOf O � G 0 o �2 COU NZ'4' VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 312990-3000 January 28 , 1988 Mr. Richard Van Schaardenburg, President TOWN & COUNTRY HOMES 125 West 55th Street Clarendon Hills, IL 60514 Dear Mr. Van Schaardenburg: David Gooder' s letter of January 7, 1988 indicated the desire to request two additional zoning variations and mentioned an additional filing fee of $600 would be delivered promptly. As of this date, the Village has yet to receive the additional filing fee. Please forward this fee to my attention at your earliest convenience. Sincerely, Bruce F. Kapff Assistant to Village Manager BFK:sps cc: David Gooder, Esq. LORD, BISSELL & BROOK 9 OF Oq ,`vvpGf� K egOOf o w G O q `2 COMO' VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 312 990-3000 January 28, 1988 Mr. Richard Van Schaardenburg, President TOWN & COUNTRY HOMES 125 West 55th Street Clarendon Hills, IL 60514 Dear Mr. Van Schaardenburg: David Gooder' s letter of January 7, 1988 indicated the desire to request two additional zoning variations and mentioned an additional filing fee of $600 would be delivered promptly. As of this date, the Village has yet to receive the additional filing fee. Please forward this fee to my attention at your earliest convenience. Sincerely, Bruce F. Kapff Assistant to Village Manager BFK:sps cc: David Gooder, Esq. LORD, BISSELL & BROOK 9 IJ.GAL NOTICE E OF OAK BROOK DU PAGE AND COOK COUNTIES,ILLINOIS NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a Public hearing before the Zon- Ing Board of Appeals of the Village of Oak Brock,DuPege and Cook Counties.Illinois,will be held on February 2,1988,at 7:30 P.M.in the Oak Brook Village Hap,1200 Oak Brook Road,Illinois,for the purpose of considering the application of Town a Country Homes PUBLISHER'S CERTIFICATE for Rezoning Y variations as provided under Sections XIII(G)8 XIII(I) at the Zoning Ordinance of the Village of Oak Brook.Illinois.Or- dMwnce G-80,as amended.The following relief is requested: 1)Rezone the entire property to B-1 Local Shopping Center District from R-4 Single Family Detached Residence District(Lot 1) and R-1 Single Family Detached Residence District(Lot 2). 2)A Variation from the provisions of Section XI(E)(7)to permit IS TO CERTIFY That the notice, a true copy of which is attached to this construction of a parking area approximately 2.5 feet from the southerly lot Wm(residence district boundary line)Instead of the 40 tificate, was published in THE DOINGS once each week for .feet required. - 3)A Variation from the provisions of Section VIII(C)(4)(b)to per- mit construction of a building approximately 2.5 feet from the QRe,...,.,•.,._.,,•...•....•.,. weeks sucessively; that the date southerly side let line(residence district boundary Ilene)instead of ................ the 20 feet required. _ .. i 4)A Variation from the provisions of Section XI(D)(7)to Permit 14th Lh construction of an office building not having the 1 required loading to first publication was the ................................................day of berth. The property may be generally described as 1603 18th Street and the lot directly south thereof.Oak Brock.Illinois,and the legal mment Elm�at c tryWe unit Three,B e g a Subof Td�ivisiornDevelop- of�I J an l f ar y..........A.D., 19 ..88., and that the date of the last publication was tion 22,Township 39 Nam,Renee 11 East of the Third Principal j Meridian.DuPage County,Illinois,Recorded November 13,1945 se Document No.487163. da of............................. A.D., 19...... ro Permanent Pael No.08.22.409.001 and No.08.22.409.002 y AN persona desk ft to be heard In support of or in opposition to the proposed opportunityzoning so provisionstamafforded an tdo sow, y their D IT IS FURTHER CERTIFIED That THE DOINGS is a secular newspaper of orally,or In writing or both.The hearing may be recessed tO anther eral circulation, published weekly in the Villages of Hinsdale, Clarendon Hills, date If notice of time and place mored is publicly announced at the hearing or is given by newspaper publication not less than five(5)k Brook,Burr Ridge,Willowbrook and City of Darien and circulated generally in days prior to the date d On massed hearing. Manenne Lakasp(Villages of Hinsdale, Clarendon Hills,Oak Brook,Burr Ridge,Willowbrook and Village dthe2lerlk of Darien and adjacent unincorporated and incorporated areas and in DuPa e Pttinllelwd at me direction d the Corporate Authorities and the Zon• j H� rP r g kV Board d APpeals a me Vpiwe d oak Brook,DuPage aro Cook Cook Counties, Illinois, and in other areas; that said THE DOINGS is a PPwh had In T .Doings Jan.14,1988. iwspaper" as defined by the Illinois Statutes made and provided for such situa- is,to wit;by Section 5 of"An Act to revise the law in relation to notices,"1874,Feb. is,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 ...........15th............. day of ..January................., A.D. 19..88. Publishers Charge ..44...00...... -- ...ZX�2+��.� rL,: . Publisher 8 To adjourn this meeting. TIME;: 11:UU Y.M. VOICE VOTE: All present, in favor. ATTEST: Marilinne Lakosil, CMC -T Village Clerk Q% 116 App o ed as�c orrect} d VILLAGE OF OAK BROOK Minutes -8- January 12, 1988 V LORD, BISSELL & BROOK 115 SOUTH LA SALLE STREETLOS ANGELES OFFICE 3250 WILSHIRE BOULEVARD CHICAGO, ILLINOIS 60603 LOS ANGELES,CALIFORNIA 90010 (213) 467-7064 (312) 443-0700 TELEX: 18-1135 CABLE: LOWIRCO CGO ATLANTA OFFICE TELEX: 25-3070 THE QUITABLE BUILDING 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 January 7, 1988 �� Village of Oak Brook VILLAGE tom;• 0;'K SRON, IL. 1200 Oak Brook Road `. �I N I ISi IRAT!O N Oak Brook, IL 60521 Re: Property Located at Southwest Corner of 16th Street & Route 83 Requests of Town & Country Homes Gentlemen: My client, Town & Country homes, wishes to amend its application for rezoning and a zoning variation to add two addi- tional zoning variations as follows: 1. Reduce required set back of parking area to 2-1/2 feet from south line of Lot 2. 2. Eliminate requirement of loading berths. A check covering the required additional filing fees of $600 will be delivered promptly. My client also wishes to amend its initial zoning vari- ation request to read as follows: "1. Reduce required yard and building setback along south line of Lot 2 to 2-1/2 feet. " Re pe f ly yours, David M Goode DMG:pg cc Mary Ryan Buddig • '� FO . ,`vvpG�O Ake ooh 9 G p 9C�CouNTv,`�• VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 January 7, 1988 312990-3000 Dear Resident, The Oak Brook Plan Commission and/or Zoning Board of Appeals, and the Village Board will be considering a: X Variation s Preliminary Plat Special Use X Final Plat X Zoning Amendment at the meetings as scheduled on the reverse side of this notice. The application has been filed by Town & Country Homes Name of applicant 125 W. 55th Street, Clarendon Hills, IL Address Relationship of applicant to property Contract Purchaser Town & Country Resubdivision Name of Subdivision (if applicable) The property in question is situated at: 2 lots on southwest corner of 16th Street and Route 83 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: (SEE ATTACHED EXHIBIT) 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/jr 1. Rezone the entire property to B-1 Local Shopping Center District from R-4 Single Family Detached Residence District (Lot 1) and R-1 Single Family Detached Residence District (Lot 2) . 2. A Variation from the provisions of Section XI (E) (7) to permit construction of a parking area approximately 2 . 5 feet from the southerly lot line (residence district boundary line) instead of the 40 feet required. 3 . A Variation from the provisions of Section VIII (C) ( 4) (b) to permit construction of a building approximately 2. 5 feet from the southerly side lot line (residence district boundary line) instead of the 20 foot required. 4. A Variation from the provisions of Section XI(D) (7) to permit construction of an office building not having the 1 required loading berth. 5. Final Plat of Subdivision creating 1 lot out of the existing 2 lots. Y' LORD, BISSELL & BROOK 115 SOUTH LA SALLE STREET LOS ANGELES OFFICE 3250 WILSNIRE aOULEVARO C CHICAGO, ILLINOIS 60603 LOS ANGELES. ALIFORNIA 90010 (213) 467-7064 (3121 443-070 0 TELEX: 18-1135 CABLE: LOWIRCO CGO ATLANTA OFFICE THC EQUITABLE BUILDING TELEX:25-3070 100 PEACHTREE STREET,SUITE 2640 DAVID M.GOODER ATLANTA,GEORGIA 30303 1100 Jorie Boulevard (4041 S21-7790 TELEX:543707 990-0561 Suite 153 Oak Brook, IL 60521 D DEC 2 1 ;S8? December 17, 1987 .;f., . Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60521 Re: Property Located at Southwest Corner of 16th Street & Route 83 Requests of Town & Country Homes Gentlemen: This will confirm that on behalf of my client, Town & Country Horses, I filed with you on December 16, 1987, the following materials: 1. Application for rezoning to B-1 and rear yard variation. 2. Eighteen (18) copies of proposed Site Plan dated December 3, 1987. 3. Xerox of aerial photo of the subject site and surrounding area - 1 copy 4 . Rider listing adjacent property owners. 5. Application for approval for Plat of Resubdivision con- solidating property into one lot. 6 . Check in the amount of $1, 050.00 to cover the following fees: Rezoning (map amendment) $650 One zoning variation 300 Final plat 100 Because of the recent storm the surveyor has been held up in completing the Plat of Survey and the Plat of Resubdivision. However, these should be ready by December 23. o, BISSELL & BROOK40 - lage of Oak Brook December 17, 1987 Page Two It should be noted that my client owns three adjacent parcels of property as follows: Lot 1 - the northerly lot which is within the Village of Oak Brook Lot 2 - which is unincorporated Northerly 1/2 of Lot 3 - which is in the City of Oakbrook Terrace It is the intention of my client to arrange for the filing by the present owner of a petition of annexation of Lot 2 to the Village of Oak Brook. In this connection a Plat of Annex- ation is being prepared together with an appropriate petition. These should be filed with you on or before December 23, 1987. You will note that the Plat of Resubdivision and the request for rezoning apply only to Lots 1 and 2. If all requests are granted, my client would build a two-story, 30 ' high office building of 12,000 square feet which would be less than the permitted floor area in a B-1 District. It is also intended to prohibit access along the west side of the property adjacent to Monterey Avenue so that the only access will be from 16th Street on the north. My client would like to suggest that approval of the Plat of Resubdivision be subject to appropriate conditions in- cluding one prohibiting the use of the property for retail purposes and another prohibiting the sale of the Oakbrook Terrace parcel except in connection with a sale of the entire property and a prohibition of any development of that parcel other than for landscaping purposes. Sincerelyly yours, �•� 01 David M. Gooder DMG:pg cc Mary Ryan Buddig, Town & Country Homes -------------------------------------r---------------------------.----------------------------- ALL APPLICATIONS MUST.BE ACCOMPANIED.BY-PROPER FEE, PLAT: OF SURVEY, AMD (18) COPIES OF A SCALE DRAWING, S11014ING ALL PERTINENT.APPLICABLE INFORMATION, i.e. ,. PROPERTY LINES, EXISTING BUILDING LOCATION OF PROPOSED CONSTRUCTION, ANY. BUILDINGS ON ADJAChNT PROPERTY WITHIN 100 FEET OF SU:3JE PROPERTY. ----------------------------------------------------------------------------------------------- . .' DO NOT WRITE IN THIS SPACE --..POR OFFICE USE ONLY' •Date Fileds ` �LG� S : Board of Trustees. Referral Notice.Published: Newspaper: 7 Date Adjacent Property Owners Notified: �` -$`� S.taf-f Referral: Public Hearing Dates: Plan Commission /y"��' ' Zoning.Board of Appeals <-Z-97 r Board of Trustees •2 -Z -$S Board of Trustees (Approval Ordinanc FEE PAID: $ Receipt No. : / d Received By:- �, 4 Village CYerk ------------------------------------------------------------------------------------------------ r APPLICANt TO MIPLETE Southwest corner of 16th Street . - .. • 06-22-409-001 & Route 83 LOCATION OF SUBJECT PROPERTY.. PERMANENT PARCEL NUMBE1606-22-409-002 Block 1 of Torun Development Canpany's Elmhurst Countrysi—ADDRESS .'... LOTSNOS. 1 & 2 SUBDIVISION [Ttiit 3 Lot 1-.r R-4(Oak Brook), ZONING : Lot'2 - R-4(DuPage. County) ZC'f IN& ORDINANCE SECTION .VIII(C) ; VIII(C) (4) (c) ACTION REQUESTED Rezonq both lots to B-1 and-grant a variation to reduce•reauired rear yard to .2.5 feet` PROPERTY INTEREST OF APPLICANT:- OWNER C� CONTRACT PURCIMSER AGENT Valarie M. Wojciak, Trustee, pursuant to Trust OWINER(S) OF'RECORD Agreement #1603-4 dated Jan.17,1983, and re- PIIONE NUMBER 246-4748 cored on Febr. , as Document FR8-J-_U9T65 ADDRESS '125 Acacia Circle Indian Head Park, IL ZIP 60525 BENGrICIARY(IES) or TRUST: P11ON1. NU►IBER ADDRi.SS ZIP 11AME qtr• Arr1.1r.AN Town & Country Homes r110NE. MIN11E. 25-8800 125 West 55th Street Clarendon Hills, IL ::11• 60514 L (we) ccr Llfy L111L all of L11e above staL'cmelits an(I dic :;Latemenu; conLalned In any palter:; or it. aq:: ::t�hrnf CLI 1i01-c wlil� nrr. 1:1-110 Lo t1lo he:1: of" my (c, kn�nrlr�ll;a an<i Itcli�f. / (signature) Applicant Ph Datesll;n:ltclra) Al) cant Date Its Attorney 40 RIDER TO APPLICATIONS OF TOWN & COUNTRY HOMES ADJACENT PROPERTY OWNERS P. I.N. TAXPAYER 06-23-103-009 Harry Pinto & Barbara Pinto 1511 Castle Drive Oak Brook, IL 60521 06-23-103-010 R. J. VAn Dyke, Jr. 1515 Castle Drive Oak Brook, IL 60521 06-23-103=011 Antonia Sciortino 1517 Castle Drive Oak Brook, IL 60521 06-23-103-012 Charles Baker & Veta Baker 1519 Castle Drive Oak Brook, IL 60521 06-23-103-015 John Walsh & Raymond Walsh 1519 W. 16th Street Oak Brook, IL 60521 '06-23-103-016 Midwest Bank & Trust _ 'Trust #78-08-2672 1606 N. Harlen Ave. Elmwood Park, IL 06-23-103-017 Robert G. Little & Elizabeth R. Little 1520 Rose Court Oak Brook, IL 6052.1 06-23-103-018 Anthony Mitas & Helen Mitas 1516 Rose Court Oak Brook, IL • 60521 06-23-103-033 State of Illinois Department of Transportation 445 Harrison Oak Park, IL 60304 06-23-103-034 West Suburban Bank, Trust 1#3122 711 S. Westmore Avenue Lombard, IL 60148 -1- 06-23-103-036 Ruth J. 'Rehling 1509 Castle Drive Oak Brook, IL 60521 06-23-102-022 State of Illinois 06-23-300-022 -Sears, Roebuck & Co. Dept. 5.6.8 7447 Skokie Blvd. ,. Skokie, IL 60076 06-22-205-003 Tucker Companies 004 40 Skokie Blvd. Suite 600 005 Northbrook, IL 60062 006 007 008 06-22-205-018 same as above 019 020 021 022 023 , 024 025 06-22-204-005 R. Flesner 1 S 342 Monterey Avenue Oakbrook Terrace, IL 60181 06-22-204-006 Philip Spagnola 1 S 354 Monterey Avenue Oakbrook Terrace, IL . 60181 : 06-22-204-008 Kenneth & Julie Finan 17 W 116 16th Street Oakbrook Terrace, I1 60181 06-22-408-005 Michael Mason 17 W 101 16th Street Oakbrook Terrace, IL 60181 06-22-408-006 Norberto Hidalgo 17 W 075 16th Street Villa Park, IL 60181 06-22-408-007 Robert Bosch 17 W 065 16th Street Oakbrook Terrace, IL 60181 -2- M M 06-22-408-008 Richard Kossak 17 W 055 16th Street Oakbrook •Terrace, IL 60181 06-22-408-009 Gary Merrinette 1 S 412 Monterey Avenue Oakbrook Terrace, IL 60181 06-22-408-015 William Freese 1 S 445 Elm Court Oa'.�brook Terrace, IL 60181 06-22-408-016 Robert, Jr. & Diane Bischman 1 S 455 Elm Court Oakbrook Terrace, IL 60181 06-22-408-020 A. Tueler 1 S 424 Monterey Avenue Oakbrook Terrace, IL 60181 06-22-408-021 same as above 06-22-408-022 Katherine & John Davids • 1 S 448 Monterey Avenue Oakbrook Terrace, IL 60181 06-22-408-023 Robert & Debra Sherman 1 S 464 Monterey Avenue Oakbrook Terrace, IL 60181 06-22-408-024 Dorris & Shirley Thomas , 1 S 468 Monterey Avenue Oakbrook Terrace, IL 60181 06-22-408-028 Leroy Michael 1 S 444 Elm Court Oakbrook Terrace, IL 60181 06-22-409-004 Ben H. Typpi 1 S 439' Monterey Avenue Oakbrook Terrace, IL 60181 06-22-409-005 William Hrabacka 1 S 453 Monterey Avenue Oakbrook Terrace, IL 60181 06-22-409-006 Allen Zajicek 1 S 461 Monterey Avenue Oakbrook Terrace, IL 60181 -3- Revised M M BANK gECEIPT RECEIVED TRANSIT i CHECKS i CASH NUMEIER DATE NAME DESCRIPTION B NO. Y: A y E OAK INVALID VILLAGE OF OAK BROOK 63280 SIGNATURE 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS E PHONE: (312) 654-2220 RETAIN THIS RECEIPT FOR YOUR RECORDS SAFEGUARD BUSINESS SYSTEMS _ DAVID M. GOODER 3811 ELIZABETH HUNTER GOODER 1341 TURVEY RD. 91-7- I; DOWNERS GROVE. ILL 6051570-2263/719 PAY TO i E ORDER Of / `� O ' S O _ DOLLARS � DOWNERS GROVE NATIONAL BANK MEMOo tA 1:0 ? 19226381. E8S 31" 3811 ; Ordinance S- 634 Granting Variations Regarding Parking Area Setback and Required Yards Page TWO 4) That the ownera of the subject property subject said property to n covenant running with the land in "ore and substance acceptable to the Village as approved by its Village Attnrney which covenant shall. restrict all future sales to the sale of all three lots as one parcel and prohibits the transfer of any of the individual lots without the simultaneous sale of all three lots. 5) That the record owners of the subject property grant to the Pillage a permanent easement for drainage and public utility purposes over the seethe area of Lot 3: the North 112 of Lot 3 in Block I in Team Development. Cgoq+any'a Elmhurst Countryside unit Number Three, being a subdivision in the nth East 1/4 Section 22, Township 39 North, Range 11, Fast of the Third Principal Meridian, according to the plat thereof recorded Novsw)w 13, 1,945 as Document 487163, in DuPage County, Illiw. is. Permanent Parcel No. 06-22-409-003. Section 6:6: That this '-dinance _shall be in full force and effect from and after e* 4 s:. and approval as provided by last. PASSED THIS loth any of May 1948, i Ayes: Trustees Hartecki, Bushy, laritwe, Rush and Winters Maya; None i Absent: Trustee Maher i APPRC:VED THIS loth say of may X988. , f Vil t f ATTEST: Village Cle �� Approved as to Fora: J V 1 age Att. ney Published Date Paper Not Published xx ord.s-5 kk