S-680 - 10/10/1989 - ZONING -VARIATION - Ordinances _d
ORDINANCE S-680
AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF
SECTION V(E)(2) OF THE ZONING ORDINANCE OF THE
VILLAGE OF OAK BROOK, ORDINANCE G-60, AS AMENDED, RELATIVE TO
YARDS ON THROUGH LOTS
(618 Ridgewood Court)
WHEREAS, an application has been filed requesting a variation from the
provisions of Section V(E)(2) of the Oak Brook Zoning Ordinance, Ordinance
G-60, as amended, to permit the construction of a deck within that part of a
rear yard adjoining a street that is equivalent in depth to a required front
yard; and
WHEREAS, a public hearing on such application has been conducted by the
Zoning Board of Appeals of the Village of Oak Brook on September 5, 1989
pursuant to due and appropriate legal notice; and
WHEREAS, the said Zoning Board of Appeals made no recommendations
although two motions were proposed; and
WHEREAS, the President and Board of Trustees of the Village deem the
passage of this Ordinance to be in the best interest and in furtherance of the
general welfare of the Village of Oak Brook;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth are
hereby adopted as though fully set forth herein.
Section 2: That a variation is hereby granted from the provisions of
Section V(E)(2) of the Zoning Ordinance of the Village of Oak Brook so as to
permit construction of a deck, extending approximately ten feet into the
40-foot building setback area adjacent to Meyers Road in substantial
conformity with the Plat of Survey, prepared by Glen D. Krisch Land Surveyor,
Inc. , dated July 18, 1989, a copy of which Plat of Survey is attached hereto,
labelled "Exhibit A" and hereby made a part hereof.
Section 3: That this Ordinance is limited and restricted to the property
known as 618 Ridgewood Court, Oak Brook, Illinois, which property is legally
described as follows:
Lot 253 in Saddle Brook Unit No. 4 being a subdivision of part of the
Southwest 1/4 of Section 33, Township 39 North, Range 11, East of the
Third Principal Meridian, according to the plat thereof recorded May 24,
1978 as Document R78-45097 in DuPage County, Illinois.
Permanent Index Number 06-33-303-036.
! •
STATE OF ILLINOIOO )
)SS.
COUNTIES OF COOK & DU PAGE)
I , Linda K. Gonnella , do hereby certify that I
am the duly qualified and acting Village Clerk of the Village of 4cc
Oak Brook, DuPage and Cook Counties , Illinois .
.G-
I DO FURTHER CERTIFY that the annexed document is a OD
co
-true anc; correct copy of ORDINANCE NO. S-680 AN ORDINANCE C0
!V
GRANTING A VARIATION ' FROM 'THE PROVISIONS OF .SECTION V(E) (2) OF
THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK, ORDINANCE G-60 ,
AS AMENDED, RELATIVE TO YARDS ON THROUGH LOTS (618 Ridgewood Court)
I DO FURTHER CERTIFY that the original document, of
which the annexed copy is a true copy, is entrusted to my care for
safekeeping and I am the keeper of the same.
I DO FURTHER CERTIFY that I am the keeper of the re-
cords , Journals , entries , resolutions , ordinances , and documents
of the said Village. of Oak Brook, DuPage and Cook Counties , Illinois .
IN WITNESS WHEREOF , I have hereunto set my hand and
affixed the corporate seal of the Village of Oak Brook this 24th
day of October 19 89 .
Village t., e tk P e es Villqge of
Oak Brooky b4Page' ;hook Counties ,
Illinois v % �
G�OF Oqk B
P '4
D N
G O
4
9C `yr
4PCOUN<'�'
VI LLAGE OF OAK BROOK
1 200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
October 16, 1989 312990-3000
Mr. & Mrs. Tom Ross
618 Ridgewood Court
Oak Brook, IL 60521
Re: Rear Yard Variation
Dear Mr. & Mrs. Ross:
The Village Board, at its regular meeting of October 10, 1989, passed and
approved Ordinance No. 5-680, a copy of which is enclosed for your files.
If I can be of further service, please do not hesitate to call.
Sincerely,
Bruce F. Kapff
Assistant to Village Manager
BFK:sps
Enclosure
cc: Stephen Berley, Village Manager
Robert Nielsen, Building Commissioner
• GE OF Oqk 6 •
O y
G p
4 �2
FC0Utj '
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
312 990-300 �
July 26, 1989
TO: Bruce Kapff
FROM: Robert Nielsen, Building Commissioner,
RE: Rear Yard Varietion - 618 Ridgewood Ct. 3a 3 - 9 8
On approximately June 13, 1989, Building Inspector Rich Arling noted con-
struction of this deck. He immediately informed the homeowner and construct-
ion was stopped. Work is about 50% complete.
Lot in question is a "Through Lot" to Fairview/Meyers Rd. Thus the need for
a variation.
• October 10, 1989 zi
VILLAGE OF OAK BROOK Minutes _2_
ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Maher, Payovioh, Rush, Winters
and President Cerne.
M1.
I•.
Nays: None
k.
So ordered.
Absent: None
1
C, ORDINANCE NO. 5-680 AN ORDINANCE GRANTING A VARIATION FROM THE
PROVISIONS O TI V E 2 OF THE ZONING ORDINANCE OF THE VILLAGE OF
OAK BROOK, ORDINANCE G- 0 AS AMENDED RELATIVE TO YARDS ON THROUGH
ITS 18 Ridgewood Court_:
Discussed and direction given,at the Regular Meeting of September 26,
1989 to direct the Village Attorney to prepare necessary documentation
relative to approval of the requested Rear Yard Variation of ten feet
(101) to allow continued construction of a deck.
G
Trustee Winters moved, seconded by Trustee Maher...
To pass Ordinance No. S-680 as presented and waive the full reading
thereof.
ROLL CALL VOTE: Ayes: Trustees Bartecki, Maher, Payovich and Winters.
Nays: Trustees Bushy, Rush and President Cerne,
Absent: None
So ordered.
D. ORDINANCE NO. G-433 AN ORDINANCE AMENDING SECTION 12-87 OF THE CODE OF
ORDINANCES OF THE VILLAGE OF OAK BROOK RELATING TO WATER CONNECTION
FEES AND RELATED FEES:
Discussed and direction given at the Regular Meeting of September 26,
1989.
Trustee Rush moved, seconded by Trustee Bartecki...
To pass Ordinance No. G-433 as presented and waive the full reading
thereof.
ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Maher, Payovich, Rush, Winters
and President Cerne.
Nays: None
Absent: None
So ordered.
IV. FINANCIAL:
A. Payouts:
1. Christo her B. Burke En inee rinst. Ltd. - Pa out i1 - Lower Salt
Creek Stud
Trustee Payovich moved, seconded by Trustee Winters...
To authorize payment of Payout 01 to Christopher B. Burke
Engineering; Gtd. for preliminary engineering analysis for the
stormwater management planning of lower Salt Creek from Cermak Road
to the Tri-State Tollway in the total amount of $3,412.50.
ROLL CALL VOTE: Ayes: Trustees Bartecki, Bushy, Maher, Payovich, Rush, Winters
and President Cerne.
Nays: None
Absent: None
So ordered.
2. A191110As RobinPHood Ranh
canBirchwoodtRoad Canterberr Lane)ct
Trustee Rush moved, seconed by Trustee Bartecki...
VILLAGE OF OAK BROOK Minutes
_2_ October 10, 1989
0
VILLAGE F OAK BROOK Minutes -3- September 26, 1989
Trustee Winters moved, seconded by Trustee Bushy...
2. To direct the Village Attorney to draft an ordinance relative to
the requested text amendment to the B-1 classification to permit
travel bureaus and transportation ticket offices.
VOICE VOTE: All present, in favor. So ordered.
Trustee Winters moved, seconded by Trustee Bushy...
3. To direct the Village Attorney to draft an ordinance relative to
the requested text amendment to the B-1 classification to permit
other retail stores and shops, excluding department stores and any
use which is a special use in the B-1 District. This Ordinance
will also allow the Board of Trustees to approve such uses for a 60
�. day period. After such time, all such requests must follow the
normal application procedure.
VOICE VOTE: All present, in favor with Trustee Rush voting no.
So ordered.
u. The applicant withdrew the application for a Text Amendment which
would have created a permitted use for banks and other financial
institutions or providees of financial services, excluding drive-in
facilities.
B. Recommendation - Czuba - Rear Yard Variation (25 Glendale Avenue):
The property owners have made application for a rear yard variation
which would allow construction of a 15' x 27' addition to the east of
their existing garage.
On September 5, 1989, the Zoning Board of Appeals, recommended approval
of the requested variation based on the findings of fact stated in the
letter dated September 11, 1989 from Chairman Savino.
Trustee Winters moved, seconded by Trustee Maher...
To direct the Village Attorney to prepare the necessary documentation
relative to approval of the requested Rear Yard Variation.
VOICE VOTE: all present, in favor. So ordered.
�C. Recommendation - Ross - Rear Yard Variation (618 Ridgewood Court):
The property owners have made application for a 10-foot rear yard
variation to allow the continued construction of a deck located
approximately 30' from the rear lot line adjoining Meyers Road.
On September 5, 1989, the Zoning Board of Appeals was unable to make a
recommendation on the requested rear yard variation.
Trustee Winters moved, seconded by Trustee Bartecki...
To direct the Village Attorney to prepare the necessary documentation
relative to approval of the requested Rear Yard Variation.
ROLL CALL VOTE: Ayes: Trustees Bartecki, Maher, Payovich, Winters
and President Cerne.
Nays: Trustees Bushy and Rush.
Absent: None So ordered.
D. Recommendation - Hovey's Assessment Plat (5 Pine Hill Lane):
Application made to create a "Lot of Record".
Trustee 'Winters moved, seconded by Trustee Bushy...
To direct the Village Attorney to prepare the necessary resolution to
approve the proposed assessment plat and to authorize approval for
VILLAGE OF '�AK 3RO0K Minutes -3- September 26, '9'%s
I
_ �► •
VILLAGE OF OAK BROOK Minutes -4- September 26, 1989
granting a building permit, subject to receiving the necessary flood
plain information as noted in Village Engineer's memo dated September
19, 1989.
VOICE VOTE: All present, in favor. So ordered.
E. Robin Hood Ranch Subdivision --Gateway Signa e:
Trustee Winters moved, seconded by Trustee Rush...
To approve the new Subdivision Gateway signage located at least 12'
from the edge of the pavement for the Robin Hood Ranch Subdivision
subject to the applicant meeting the ordinance requirements.
VOICE VOTE: All present, in favor. r So ordered.
F. Recommendation - Water Connection Fee Adjustments and Related Fees:
Trustee Rush moved, seconded by Trustee Bushy...
To direct the Village Attorney to:
1) Draft an amendment to Section 12-87(C)(3)(b) to increase the
connection fees by 79%;
2) Draft an amendment to Section 12-87(C)(3)(c) to increase the fire
protection fee by 79%;
3) Revise Section 12-87(C)(7) to reflect that all costs incurred by
the Village be reimbursed by the customer requesting such meter
testing;
4) Revise Section 12-87(C)(8) to reflect that all costs incurred by
the Village be reimbursed by the customer whose water service was
reinstated; and
5) Revise Section 12-87(C)(11) to reflect that all new water main
extension requests be evaluated and reviewed and a cost share developed
based upon the public benefit, if any, received from each request.
VOICE VOTE: All present, in favor. So ordered.
G. Request for Waiver of Permit Fee - Demolition of Property - City of
Elmhurst (Spring Road and 16th Street):
Trustee Bushy moved, seconded by Trustee Rush...
To approve the waiver of the demolition permit fee for the City of
Elmhurst regarding the demolition of the City's well house and salt
shed located at 16th Street/Spring Road.
VOICE VOTE: All present, in favor. So ordered.
H. Referrals-
With no objections, President Cerne made the following referrals:
1. Golub h Co. - Variation RE: Exercise Facility (1415 West 22nd
Street) -- Referred to Zoning Board of Appeals Meeting of October
3, 1989.
2. Town a Country Homes - Text Amendment RE: Signs -- Referred to
Plan Commission Meeting of October 16, 1989 and Zoning Board of
Appeals !fleeting of November 7, 1989.
I. Open Forum:
Mr. and Mr3. Sutton, Fullersburg Woods Area, requested the Village to
look at the .ompletion of the bike path on York Road. President Cerne
requested the Bicycle and Pedestrian Pathway System be placed on the
agenda for ;ne Committee-of-the-Whole meeting.
7iLLAGE OF OAK BROOK A,inutes -4- September 26, 1989
• 1 •
vPG�OF O4k @QOO
p i N
FCOUNty'
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
September 20, 1989 312990-3000
MEMO TO: Village President & Board of Trustees
FROM: Stephen Berley, village Manager
Bruce F. Kapff, Assistant to Village Manager
SUBJECT: Ross - Rear Yard Variation
618 Ridgewood Court
Tom and Joy Ross made application for a rear yard variation to allow the
continued construction of a deck located approximately 30' from the rear lot
line adjoining Meyers Road (45' feet from the Meyers Road pavement based on
the enclosed Plat of Survey) .
Since this property is a through lot as defined by the Zoning Ordinance, it is
governed by the provisions of Section V(E)(2) which states in part:
"On through lots only those obstructions permitted by this
ordinance in front yards shall be located in that part of a rear
yard adjoining a street that is equivalent in depth to a required
front yard."
In essence, this states that a deck, which is a rear yard-type structure, is
not allowed to be within that part of the rear yard equal to the front yard
requirement. In this case, the front yard requirement is 40' instead of the
30' R-4 requirement since the Village, in its approval of the Saddlebrook
Subdivision, required a greater setback from all front yards, as well as rear
yards adjoining Meyers Road. As such, approximately 10' of the wood deck is
located in this 40' Meyers Road setback. The deck would either have to be
reduced in size or a variation would be required to allow its continued
constru _ion.
The enclosed July 26 memo from Robert Nielsen, Building Commissioner, states
that the property owner did not originally obtain a permit for this
construction and that a Building Inspector, on June 13 of this year, halted
the construction based on the lack of a building permit and incorrect
location.
The Village has over the past number of years granted rear yard variations for
through lots in Saddlebrook, although generally this was done only in cases
where an adequate size deck would not be possible if a variation were denied.
X— r
A/ 19 /7
Ross - 2 - September 20, 1989
The subject property appears to have adequate area between the house and the
40' setback line, in which area a conforming deck could be constructed.
However, testimony was presented by the applicant that existing landscaping
and topography of the property would prevent them from constructing an
appropriate deck.
Jahe Zoning Board of Appeals, at its September 5 meeting, made two motions in
favor of the requested variation, the first which failed on a vote of three
ayes and three nays, and the second failing on a vote of three ayes, two nays
and one abstention. It was explained that the Village's Zoning Ordinance
requires an affirmative vote of four Zoning Board members to recommend approval
of a variation. As such, the Zoning Board made no recommendation concerning
this application. The Zoning Ordinance further requires that in the case of a
variation where the Zoning Board of Appeals fails to recommend the variation,
it can only be approved by the Village Board with a favorable vote of two-
thirds of the Trustees. In the event the Village Board chooses to approve
this variation, the necessary ordinance would be drafted by the Village
Attorney for review at an upcoming meeting.
Respectfully submitted,
Stephen Berley
Village Manager
Bruce F. Kapff
Assistant to Village Manager
BFK:sps
• OF GAAr O •
9
O �
G p
9C"'COUNt'j'�?
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521-2255
M
September 11, 1989 312990-3000
President & Board of Trustees
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, IL 60521
Re: Ross - Rear Yard Variation
618 Ridgewood Court
Dear President & Board of Trustees:
The Zoning Board of Appeals, at its regular meeting of September 5, 1989
considered the requested rear yard variation which would allow the continued
construction of a deck located approximately 30' from the rear lot line on a
through lot, instead of the 40' requirement.
A motion was made by Member Shumate, seconded by Member Martinello, to
recommend approval of the requested variation based on the following findings
of fact:
1. The plight of the owner is due to unique circumstances.
2. The variation, if granted, will not alter the essential character of the
locality.
3. The particular physical surroundings, topographical conditions of this
property would bring a particular hardship upon the owner if the strict
letter of the regulations were carried out.
4. Granting of the variation will not be detrimental to the public welfare
or to the surrounding neighborhood. It will instead be a positive
improvement to the welfare and safety of the persons on the property.
5. The proposed variation will not impair an adequate supply of light and
air to adjacent property or otherwise endanger the public safety or
substantially diminish or impair property values within the neighborhood.
6. The purpose of the variation is not based exclusively upon a desire to
make more money out of the property.
This recommendation was denied on a roll call vote of three ayes, Members
17
Ross - 2 - September 11, 1989
Martinello, Shumate and Chairman Savino; three nays, Members Crouch, Herman
and White; and no members absent.
Following further discussion, a motion was made by Member Shumate, seconded by
Member Martinello, to recommend approval of an additional finding of fact as
follows:
7. The particular history of the Meyers Road S-curve, including the recent
widening of the roadway creating additional hardships on the property,
are unique circumstances which would justify granting the variation.
This recommendation was denied on a roll call vote of three ayes, Members
Martinello, Shumate and Chairman Savino; two nays, Members Herman and White;
and one member abstaining, Member Crouch.
Since an affirmative vote of four Zoning Board members is required to
recommend approval of a variation, the Zoning Board makes no recommendation
concerning this subject.
Si rel ,
Alfre P. avino, Chairman
Zoning Board of Appeals t
t.
sps
cc: Mr. & Mrs. Tom Ross,---
618 Ridgewood Court
Oak Brook, IL 60521
/L
A motion was made by Member White, seconded by Member Crouch, to recommend
approval of the requested rear yard variation which would allow construction
of an addition to the east of the house encroaching approximately 34' into the
required 60' rear yard based on the following findings of fact:
1. The plight of the owner is due to unique circumstances.
ariation, if granted, will not alter the essential character of the
2. The v
locality since many of the surrounding properties were also constructed
prior to Village incorporation and therefore located within required
zoning yards.
3. The granting of the variation will not be detrimental to the public
welfare or injurious to other properties in the neighborhood.
ROLL CALL VOTE: Ayes: (6) . .
Members Crouch, Herman, Martinello,
Shumate, White, Chairman Savino
Nays: (0)
MOTION CARRIED
V. ROSS - REAR YARD VARIATION - 618 RIDGEWOOD COURT
Tom and Joy Ross, owners, stated their desire fora variation which would
allow completion of the wood deck to the rear of their house since it provides
an area for their two infants to play at a safe distance from Meyers Road.
They also stated they would be unable to reduce the deck in size by
approximately 10' to therefore make it conforming since it would not look
esthetically pleasing.
The Ross's submitted an exhibit containing signatures from surrounding
property owners expressing support for the continued construction of the deck.
In addition, the following persons were present at the meeting in support of j
the application: Tom Andriacchi, 622 Ridgewood Court; Mr. Rajagopalan, 620
Ridgewood Court; and Selma Schohn, 624 Ridgewood Court.
Building Commissioner Bob Nielsen stated that no members of his department can
recall ever advising the Ross's that a building permit would not be -required
for construction of this deck or that it would be permitted to be constructed
30' from the rear lot line instead of the 40' requirement.
Trustee Richard Winters explained the history surrounding development of the
Saddlebrook Subdivision, indicating that on the original sales literature, the
Meyers Road S-curve was not indicated and therefore this property owner might
not have been aware of this being a through lot.
A motion was made by Member Shumate, seconded by Member Martinello, to
recommend approval of the requested variation based on the following findings
of fact:
1. The plight of the owner is due to unique circumstances.
ZONING BOARD OF APPEALS Minutes -3-
September 5, 1989
2. The variation, if granted, will not alter the essential character of the
locality.
3. The particular physical surroundings, topographical conditions of this
property would bring a particular hardship upon the owner if the strict
letter of the regulations were carried out.
4. Granting of the variation will not be detrimental to the public welfare
or the surrounding neighborhood. It will instead be a positive.
improvement to the welfare and safety of the persons on the property.
Y
5. The proposed variation will not impair an adequate supply of light and
air to adjacent property or otherwise endanger the public safety or
substantially diminish or impair property values within the neighborhood.
6. The purpose of the variation is not based exclusively upon a desire to
make more money out of the property.
Ayes- . - (3)
ROLL CALL VOTE. ' *, Members Martinello, 1
Shum
ate, Chairman Savino
.
Na (3)
(3)
e ;^Herman,_White
-Members Crouch
,
MOTION FAILED
Following-further discussion on the merits of the variatian, 'Member Shumate
made the identical motion, seconded by Member Martinello, an d added the
additional finding of fact:
7. The particular history of the Meyers .Road S-curve, including the recent
widening of_ the roadway creating additional hardships on the property,
are unique circumstances which would justify granting the variation. f
ROLL CALL VOTE: Ayes: (3)
Members Martinello,
Shumate, Chairman Savino
Nays: (2)
Members Herman, White
Abstain: (1)
Member Crouch
MOTION FAILED . . .
It was explained that an affirmative vote of four Zoning Board members is
required to recommend approval of a variation. As such, the Zoning Board
makes no recommendation concerning this subject.
ZONING BOARD OF APPEALS Minutes -4- September 5, 1989 )�
September 1, 1989
Dear Zoning Board of Appeals,
We the undersigned, approve of the deck under construction at the home of Tom
and Joy Ross, 618 Ridgewood Court. Upon viewing the deck and surrounding
landscape, we found it both functional and aesthetically pleasing to the
entire surrounding area. It blends well with the existing trees in addition
to the recent landscape. It makes excellent use of their pie shaped property
and when finished, will provide the necessary safety for their young children
and their playmates due to the four lane road running adjacent to their rear
property.
After reviewing . application for a variance we, the undersigned,' hope
they will be allowed to continue the construction of their deck.
Name (signature) Address
1-wm�
,
I /et .0 6 A
13
I •
of AAr O N
G - p
courdl
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
August 2.5, 1989 312990-3000
MEMO TO: Zoning Board of Appeals
FROM: Bruce F. Kapff, Assistant to Village Manager
SUBJECT: Ross - Rear Yard Variation
618 Ridgewood Court
Tom and Joy Ross have made application for a variation which would allow the
continued construction of a deck located approximately 30' from the rear lot
line adjoining Meyers Road. Since this property is a through lot, it is
governed by the provisions of Section V(E)(2) which states in part:
"On through lots only those obstructions permitted by this
ordinance in front yards shall be located in that part of a rear
yard adjoining a street that is equivalent in depth to a required
front yard."
In essence, this states that a deck, which is a rear yard-type structure, is
not allowed to be within that part of the rear yard equal to the front yard
requirement. Although the front yard requirement in this R-4 Zoning District
is only 30' , the Village in its approval of the Saddlebrook Subdivision,
required a 40' setback for all front yards as well as the rear yards adjoining
Meyers Road as shown on the enclosed Plat of Survey. As such, approximately
10' of the wood deck is located within this 40' Meyers Road setback. The deck
would either have to be reduced in size or a variation would be required to
allow its continued construction.
The enclosed July 26 memo from Robert Nielsen, Building Commissioner, states
that the property owner did not originally obtain a permit for this
construction and that a building inspector on June 13 of this year noted the
construction initially due to the lack of a building permit, and eventually
due to the incorrect location.
The Village has over the past number of years been willing to grant certain
variations for through lots in Saddlebrook although generally this was done
only in cases where an adequate size deck would not be possible if a variation
were denied. The subject property has a substantial area available for a
conforming deck, and therefore, it is not clear from the information submitted
as to why the deck must extend into this 40' setback area. The triangular
- - 67-
-I
Ross - 2 - August 15, 1989
shaped area between the house and the 40' setback line is approximately 45' x
25' x 40' in size.
Respectfully submitted,
Bruce F. Kapff
Assistant to Village Manager
BFK:sps
cc: Mr. & Mrs. Tom Ross
618 Ridgewood Court
Oak Brook, IL 60521
f�
August 29, 1989
Dear members of the Zoning Board of Appeals,
We, Tom Ross and Joy Ross, have applied for a variation which would allow the
continued construction of a deck located approximately 30' from the rear lot
line adjoining Meyers Road. We feel our lot (#253, 618 Ridgewood Court,
Saddle Brook) is unique because of the following characteristics: (1) It is
pie shaped and most of our lot is unusable, as you can see from the Plat of
Survey. (2) It slopes downward towards Meyers Road, making it difficult for
P
our children to play on and making the area generally unusable. (3) It has
building restrictions different than most of our Saddle Brook neighbors. (a
40' building line as opposed to a 30' building line)
About five years ago, we had our home built, paid our final bond money and
received approval for occupancy. At this time, with a drawing in hand, we
inquired about building a deck. We were told Saddle Brook is in an R-4 zoning
district and we had a 30' building line. We were also told we wouldn't need a
permit. Perhaps the village employee assumed our deck was included in the
original blueprints. We started working on the deck in our spare time as a
hobby. When the inspector recently stopped by, he brought to our attention
the fact that because our lot is adjacent to Meyers Road, we have a. 40'
building line. At that time, we immediately stopped construction.
Because our lot is adjacent to Meyers Road, we are extremely concerned for the
safety of our two year old twins and their playmates. According to the Saddle
Brook, bylaws, fences are strongly discouraged and generally frowned upon. We
would like to have an adequate deck with railings where our own children and
the neighborhood children will be able to play safely. When we bought our lot
about ten years ago, there was no road. Kathy, from Frey Realty, told us the
county might put in a two lane street with a thirty mile per hour speed limit.
She also said a fence similar to Midwest Club's fence would be installed if
the street went in. Since we have moved to Saddle Brook, as we all know, the
county has put in a four lane highway where cars and trucks frequently exceed
the forty mile per hour speed limit. There have been a number of accidents
where vehicles have gone onto properties along the road, ours included. We
want our children to be able to play in their own backyard, but in a
designated area, the deck we are discussing in this letter.
We feel this deck will make a safe play area for the children because it is
raised and it is over the sloped land we mentioned earlier. Even if a vehicle
goes into the yard, past the trees and hits the deck, the vehicle would be
much lower than the deck. We also feel the deck would be a buffer to the
house in an extreme case.
In keeping with the interest of our Oak Brook neighbors, our plan is to
continue to build a high quality, aesthetically agreeable cedar deck. The
design of this deck is in harmony with existing trees. We have added several
large trees and shrubs as well as flower beds intermixed with decking.
Several of our neighbors have made very positive comments when they saw the
start of our deck.
/D
2 — August 29, 1989
We would appreciate it very much if you would consider granting this
variation. As previously stated, we feel our lot is unique in some ways, but
our main concern is the safety of our children and their playmates. We are
looking forward to discussing this with you further at the village meeting,
September 5.
Respettfully,
Thomas L. Ross
Joy A. Ross
9
��yP Ao�f
O q
G O
O `cam
OF 04Ar
�COUNV(
VI LLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
312990-3000
a►
July 26, 1989
TO: Bruce Kapff
FROM: Robert Nielsen, Building Commissioner
RE: Rear Yard Varietion - 618 Ridgewood Ct.
On approximately June 13, 1989, Building Inspector Rich Arling noted con-
struction of this deck. He immediately informed the homeowner and construct-
ion was stopped. Work is about 50% complete.
Lot in question is a "Through Lot" to Fairview/Meyers Rd. Thus the need for
a variation.
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 G-4 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.
(4) Standards:
(a) The Zoning Board of Appeals shall not recom-
mend a variation of the provisions of this
ordinance as authorized in this section unless it
shall have made findings of fact based upon the
evidence presented to it on the following specific
issues that:
(1) The property in question cannot yield a
reasonable return if permitted to be used only
under the conditions allowed by the regula-
tions governing the district in which it is
located.
(2) The plight of the owner is due to unique
circumstances.
(3) The variation, if granted, will not alter the
essential character of the locality.
(b) For the purpose of supplementing the above
standards, the Zoning Board of Appeals, in
making the determination whether there are
practical difficulties or particular hardships, shall
also take into consideration the extent to which
the following facts, favorable to the applicant,
have been established by the evidence that:
967
II
Sec. XIII OAK BROOK CODE
(1) The particular physical surroundings, shape,
or topographical conditions of the specific
property involved would bring a particular
hardship upon the owner as 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
detrimental to the public welfare or injurious
to other property or improvements in the
neighborhood in which the property is lo-
cated.
(4) The proposed variation will not impair an
adequate supply of light and air to adjacent
property, or substantially increase the danger
of fire, or otherwise endanger the public safety
or substantially diminish or 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) 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
.:J
APPENDIX A—ZONING Sec. XIII
could otherwise be achieved by a rezoning of the
property involved, such as, but not limited to,
establishment or expansion of a use not permitted in a
residence district; authorizing the construction of
residences in other than residence districts; nor
- authorizing other than single-family detached res-
idences in the R1, R2, R3 and R4 Districts.
(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. G137,
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
• G�CF�4K 9
wl
L m
O a�
�COUNT�'
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
August 16, 1989 312990-3000
Dear Resident:
The Oak Brook Plan Commission and/or Zoning Board of Appeals, and the Village
Board will be considering a:
_ Preliminary Plat Final Plat X Variation
Special Use Zoning Amendment
at the meetings as scheduled on the reverse side of this notice.
The application has been filed by: Thomas and Joy Ross
Relationship of Applicant to Property: Owner
The property in question is situated at: 618 Ridgewood Court
Also shown on the reverse side is a map of the area to assist you in determin-
ing your relationship to the property in question. The request which has been
made is as follows:
To permit construction of a wood deck encroaching approximately 10 feet
into the 40-foot yard adjoining Meyers Road.
If you desire more detailed information, please contact me at the Village Hall
to review the file on this application. I look forward to your attendance at
the public meetings.
Sincerely yours,
Bruce F. Kapff
Assistant to Village Manager
BFK/jr
a:rss
3
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 September 5, 1989
Board of Trustees Meeting 7:30 p.m. Tuesday September 26,1989
MAP OF AREA
� 1
771
70'i i Z tr
'x E r n S'• R E E J \ 9o'LI flfO
Say S 805
0 70 7 lip 13n 3 r
i 3 6 3cis i 710 ° 709. Stf � _*� i32
j
1 3a17 r a,s Z �
ISM
�3111 6 0 331 tj,uz
It S
—� 3�'f ��P Lt� c •5�5
y� p i to WSI 146
Q;37
i' 1
�i �� ytGit ,, QQr• 'Sul r1
i Zi ?
1 I i'�llSi
424 3\193t911199 19 ;, i7
R
1w1
iI i>f W
The DOINGS
118 West First Street• •
Hinsdale, IL 60521
Gentlemen:
Please publish the following legal notice for publication on August 16, 1989.
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 September 5, 1989 at 7:30 p.m. in the Oak Brook Village Hall, 1200
Oak Brook Road, Illinois, for the purpose of considering the application of
Thomas and Joy Ross for a variation as provided under Section XIII(G) of the
Zoning Ordinance of the Village of Oak Brook, Illinoi-q, Ordinance G-60, as
amended.
A variation to the following Section of the Zoning Ordinance is requested: A
variation from the provisions of Section V(E)(2) to permit construction of a
wood deck encroaching approximately 10 feet into the 40-foot yard adjoining
Meyers Road. This Section of the Zoning Ordinance states that "on through lots,
only those obstructions permitted by this Ordinance in front yards shall be
located in that part of a rear yard adjoining a street that is equivalent in
depth to a required front yard." The Subdivision Plat covering this property
shows a 40-foot building line along the front and rear of the property.
The property may be generally described as 618 Ridgewood Court, Oak Brook,
Illinois, and the legal description is as follows:
Lot 253 in Saddle Brook Unit No. 4 being a subdivision of part of the
Southwest 1/4 of Section 33, Township 39 North, Range 11, East of the
Third Principal Meridian, according to the plat thereof recorded May
24, 1978 as Document R78-45097 in DuPage County, Illinois.
Permanent Index Number 06-33-303-036.
All persons desiring to be heard in support of or in opposition to the
proposed variations or any provision thereof, will be afforded an opportunity
to do so and may submit their statements orally or in writing or both. The
hearing may be recessed to another date if notice of time and place thereof
is publicly announced at the hearing or is given by newspaper publication not
less than five (5) days prior to the date of the recessed hearing.
Linda Gonnella
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.
21
VILLAGE OF OAK BROOK Minutes -5- August 8, 1989
B. Request for Approval of Septic System ( 1017 35th Street) :
Trustee Rush moved, seconded by Trustee Bartecki. . .
To grant the request of a septic field installation at 1017 35th Street
due to the severe economic burden upon the property owner to extend a
public sanitary sewer to service this lot, subject to meeting the
current County regulations.
VOICE VOTE: All present, in favor. So ordered.
C. Reservoir_B - County Frontage Road Permit (2710 Meyers Road) Acceptance
of Maintenance:
Trustee Rush moved, seconded by Trustee Bushy. . .
To accept maintenance of the Meyers Road Frontage Road, south of I-88,
and authorize the Village Engineer to sign the DuPage County Highway
Permit Application.
VOICE VOTE: All present, in favor. So ordered.
D. Request for Authorization to Obtain Quotes for 1989 Paving Striping
Project:
Trustee Rush moved, seconded by Trustee Maher. . .
To authorize the Engineering Staff to seek quotes from a minimum of
three (3) companies to perform thermoplastic pavement marking work on
Madison Street from Glendale Avenue to Spring Road and on a part of
Adams Road at Spring Road. Prequalifications with the Illinois
Department of Transportation to perform thermoplastic pavement marking
work would be required.
VOICE VOTE: All present, in favor. So ordered.
E. Bid Authorization - Hydraulic Vehicle Hoist —Public Works Garage:
Trustee Rush moved, seconded by Trustee Bushy. . .
To authorize the advertising of bids for the upgrading of the Public
Works garage hoist; bids to be received Tuesday, September 5, 1989 at
10:00 A.M.
VOICE VOTE: All present, in favor. So ordered.
F. Request for Sports Core Topographic Survey Map:
Trustee Maher moved, seconded by Trustee Bartecki. . .
To authorize Staff to accept proposals for a Topographic Survey Map for
the Sports Core.
VOICE VOTE: All present, in favor. So ordered.
G. Referrals:
With no objections, President Carne ;Wade the following referrals:
1 . Jorge - 2nd Subdivision, Final Plat -- Referred to Plan Commission
Meeting of august 21 , 1989.
2. Tucker Oaks - Text amendment to 3-1 Re: Permitted Uses -- Referred
to Plan Commission ;Meeting of August 21 , 1989 and Zoning Board of
Appeals Meeting of September 5, 1989.
3. Czuba - Rear Yard Variation (25 Glendale Avenue) -- Referred to
Zoning Board of Appeals ;Meeting of September 5, 1989.
b. Ross - Rear Yard Variation ( 6!8 Ridgewood Court) -- Referred to
Zoning Board of appeals ;Meeting of September 5, 1989.
V1 .LAGE OF OAK BROOK ',!mutes august 3, 1989
• GE OF 04k 6 •
;vP QOOf
p N
G O
o �2
COUNt�'
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
31 2 990-3000
July 26, 1989
TO: Bruce Kapff
FROM: Robert Nielsen, Building Commissioner,
RE: Rear Yard Varietion - 618 Ridgewood Ct.
On approximately June 13, 1989, Building Inspector Rich Arling noted con-
struction of this deck. He immediately informed the homeowner and construct-
ion was stopped. Work is about 50% complete.
Lot in question is a "Through Lot" to Fairview/Meyers Rd. Thus the need for
a variation.
J � •
era VILLAGE O F ZONING ORDINANCE FLOOD PLAIN
OAK BR OOK OAK BROOK RO
OAKOBROOK, ILLINOIS AD
$100AI Q $300ATION
99.0-.x.000
VARIATION �r SPECIAL USE
$300 l $675
APPLICATION FOR PUBLIC HEARING
AMENDMENT
TO BE FILED WITH VILLAGE CLERK $650
SPECIAL USE
$400
(Section 2-225, 8/11/81)
------------------------------------------------------------------------------------------------------
ALL APPLICATIONS MUST BE ACCOMPANIED BY PROPER FEE, PLAT OF SURVEY, AND (18) COPIES OF A SCALE
DRAWING, SHOWING ALL PERTINENT APPLICABLE INFORMATION, i.e. , PROPERTY LINES, EXISTING BUILDINGS,
LOCATION OF PROPOSED CONSTRUCTION, ANY BUILDINGS ON ADJACENT PROPERTY WITHIN 100 FEET OF SUBJECT
PROPERTY.
-----------------------------------------------------------------------------------------------------
nn DO NOTq WRITE IN THIS SPACE -- FOR OFFICE USE ONLY g
Date Filed: Board of Trustees Referral s
Notice Published: Newspaper: "�-10
Date Adjacent Property Owners Notified: $ -/6 -g Staff Referral:
Public Hearing Dates: Plan Commission Zoning Board of Appeals
Board of Trustees 9-26 ' 89 Board of Trustees /O-/O
(Approval of Ordinance)
FEE PAID: $�(?-C - 0 Receipt No. 7 co 6/0 Received By:�Ct�r�v�
Village Clerk
•-----------------------------------------------------------------------------------------------------
APPLICANT TO COMPLETE
LOCATION OF SUBJECT PROPERTY: PERMANENT PARCEL NUMBER a(-33
LOT NO. ;-.s SUBDIVIS-ION-5;�Z/),/,.C- CG0/ADDRESS
ZONING ZONING ORDINANCE SECTION JZ C.r ;2�
ACTION REQUESTED 2�)&"G/G
��nJ///� ��QG/� 3d O" l.,lf/i/� S�-rT,�I.�G•�/ G�sr/�/s �a U"
PROPERTY INTEREST OF APPLICANT: OWNER CONTRACT PURCHASER F--1 AGENT J=
OWNER(S) OF RECORD PHONE NUPIBER,�% �
ADDRESS ZIP
BENEFICIARY(IES) OF TRUST: PHONE NUMBER
ADDRESS ----- ZIP
NAME OF APPLICANT �,� �(/ d�S` - PHONE NUPSBEI . /o 3�3"-�9•��
ADDRESS %� '/d��c�1,,la .�C� ZIP �4
I (we) certify that all of the above statements and the statements contained in any papers
or plans submitted herewith are true to the best of my (our) knowledge and belief.
si.rnature) Applicant Date g atur, AFI, ant Date
NOTICE TO APPLICANTS
Filing Schedule
VARIATION: KJST BE RECEIVED APPROXEtATELY SIX (6) WEEKS PRIOR TO THE-
PUBLIC HEARING HELD ON THE rIRST TUESDAY OF EACH MONTH.
I
AMENDMENT OR
SPECIAL USE: MUST BE RECEIVED PRIOR TO gTfE 15TH OF THE MONTH FOR PLAN
COMMIISSION HEARING ON THE THIRD MONDAY OF THE FOLLOWING
MONTH, WITH ZONING BOARD PUBLIC HEARING TO FOLLOW.
A Variation is a zoning adjustment which permits minor changes of district require-
ments where individual properties are both Harshly and uniquely burdened by the
strict application of the law. The power to vary is restricted and the degree of
Variation is limited to the 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
�1'' �'y>�� 5 11 a n�:C! ��r► &'I'D
BANK - ----- :7.-J 7c�( /` ..•c;�/ (iLs. �y'�G�("' YI '�\, /
L.'
TRANSIT S CHECK S S CASH RECEIPT
N0. NUMBER DATE
NAME
DESCRIPTION RECENED
BY
if
E ,k VILLAGE OF OAK BROOK 67643 6 4 3 INVALID
6 WITHOUT
SIGNATURE
o
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
UN PHONE: (312) 990-3000
RETAIN THIS RECEIPT
FOR YOUR RECORDS
3AFEGUARO-BUSINESS SYSTEMS
THOMAS L. ROSS 3i4 3 3`4,--Y
618 RIDGEWOOD COURT Lc 3
OAK BROOK, ILL. 60521 . d—/!jg
:r 70-2334/719
PAY To THE
ORDEROF / �r�G� ../ _ q :./ I•_•� n
Qst
LUE.�TJ7/BURBHHBHNK __ r X 4-
LOMBAFO.ILUNOIS BOMB /^
MEMO Z05;;X—" 4:1-f /,////%�JS-•---' / !_��il-_'" '•.....
1:07192331, 91: 01 0036683811' 31, 33
Ordinance S-6 8 0
An Ordinance Granting a Variation
Relative to Yards on Through Lots
(618 Ridgewood Court)
Page 2
Section 4: That this Ordinance shall be in full force and effect from
and after passage and approval as provided by law.
M
PASSED THIS 10th day of October 1989•
Ayes: Trustees Bartecki , Maher, Payovich and Winters
Nays: Trustees Bushy and Rush
Absent: None
Abstain: None
APPROVED THIS 10th day of October 989.
Vi lage President
ATTEST:
c '
Village Clerk
Approved as to Form:
i1� ge Aft rney
Published
Date Paper
Not Published XX
l