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S-736 - 05/12/1992 - SPECIAL USE - Ordinances r ORDINANCE s-736 AN ORDINANCE GRANTING A FLOOD PLAIN SPECIAL USE PERMIT PURSUANT TO SECTION 10-34 OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK, ILLINOIS (160 Forest Trail) WHEREAS, the owner of certain property described herein has petitioned the corporate authorities of the Village of Oak Brook, DuPage and Cook Counties, Illinois, for a Flood Plain Special Use Permit under Section 10-34 of the Code of Ordinances of the Village of Oak Brook, relating to flood plain and wetland regulations; and WHEREAS, a public hearing on such petition has been conducted by the Zoning Board of Appeals of the Village on June 5, 1990, pursuant to due and appropriate legal notice; and WHEREAS, the Plan Commission of the Village of Oak Brook has submitted its recommendation to the President and Board of Trustees; and WHEREAS, the Plan Commission recommended approval and the Zoning Board of Appeals recommended denial of the petition; and WHEREAS, the Village President and Board of Trustees have reviewed the recommendations of the Plan Commission and Zoning Board of Appeals; and WHEREAS, the proposed use satisfies the requirements of and is consistent with each of the factors set forth in Section 10-34(c) of the Code of Ordinances of the Village of Oak Brook; and WHEREAS, the corporate authorities of the Village of Oak Brook 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: Pursuant to Section 10-34 of the Code of Ordinances of the Village of Oak Brook, Illinois, a Flood Plain Special Use Permit is hereby granted to allow regrading of the Salt Creek flood plain, said property being legally described as: That part of Lot 1 lying East of the center of Salt Creek in Owners Division of Lot 1 of Assessment Plat of the George Atwater Estate in the Northwest Quarter of Section 23, Township 39 North, Range 11 East of the Third Principal Meridian, according to the plat thereof recorded February 10, 1934 as Document 343033, in DuPage County, Illinois, and STATE OF ILLINOIS ) ) 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 Oak Brook, DuPage and Cook Counties , Illinois . I DO FURTHER CERTIFY that the annexed document is a • true and correct copy of ORDINANCE NO. S-736 AN ORDINANCE GRANTING A FLOOD PLAIN SPECIAL USE PERMIT PURSUANT TO SECTION 10-34 OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK, ILLINOIS (160 Forest Trail) N 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 . m 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 14th day of May 19 92 62::? Vil�age )Clerk of the Village of Oak Brook, DuPage $ Cook Counties , Illinois . I I • Gt`OF Oqk 6 ECOUNtr' V1 LLAG E OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990-3000 June 4, 1992 MEMO TO: Bruce Kapf f Dale Durfey Margaret Rimbo Linda Gonnella FROM: Thomas R. Haw SUBJECT: Recorded Documents The following documents were recorded on May 29, 1992 : 1) Christ Church - 501 Oak Brook Road - Special Use Amendment - Ordinance 5-729 - R92-101443 2) Emergency Warning System a) Variation - Ordinance S-731 - R92-101444 b) Special Use - Ordinance S-732 - R92-101445 3) Rood (Dudek) - 15 Yorkshire Woods - 'Flood -Plain Special Use - ordinance 5-733 - R92-101446 4) Bennett - 31 Hickory Drive - Rear yard Variation - Ordinance 5-735 - R92-101447 ntore - 160 Forest Trail - 9/4a"AD Flood Plain Special Use - Ordinance 5-736 - R92-101448 Accessory Building Height Variation - Ordinance S-737 - R92-101449. 6) Mutual Life Insurance (Chicagoland Television) - 2000 York Road - Special Use - Ordinance S-738 - R92-101450 7) Bear Manor Assessment Plat - 2803 & 2809 Oak Brook Road - R92-101442 rec-doc.mem p2 O�OF Oq„6 P '4 :v OOq, � a o s COUINd VILLAGE O F OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990-3000 May 22 , 1992 Mr. Cantore 160 Forest Trail Oak Brook, IL 60521 Dear Mr. Cantore: Attached are copies of the approved ordinances pertaining to your . Flood P1ain. Special Use and Accessory Building Height Variation. We will be -filing these documents with the Recorder of Deeds. You will be billed for the cost. When -we receive ,the- recorded documents back, we will- -provide you with a copy. Sincerely, t1l Thomas R. Hawk Director of Code Enforcement cc: petition files (3) apd-ord.frm -V7 D. PAYOUTS: PAYOUTS: 1. THE DUBS COMPANY - PAYOUT #1 - VILLAGE HALL RENOVATION: DUBS-VH RENOVAT? Approved Omnibus Vote. $6,590.00 2. CRAWFORD MURPHY & TILLY, INC. - PAYOUT #10 - CONSTRUCTION CMT - 8CS SERVICES, 8 CS (22nd STREET & JORIE BOULEVARD) : Approved $218.00 Omnibus Vote. 3. CRAWFORD MURPHY & TILLY INC. - PAYOUT #6 - BRIDGE DESIGN CMT-WINDSOR/ SERVICE & CONSTRUCTION INSPECTION - WINDSOR/HARGER BRIDGES: HARGER BRIDGE Approved Omnibus Vote. $1,483.23 E. REFERRAL - HSU - FLOOD PLAIN SPECIAL USE WITH VARIATION (21 Royal REFERRAL:. Vale Drive) - Refer to June 15, 1992 Plan Commission Meeting and HSU-FPSU July 7, 1992 Zoning Board of Appeals Meeting: Approved Omnibus 21 Royal Vale Dr Vote. F. BID AUTHORIZATION - 1992 CHIP & SEAL PROJECT NO. 92-1119 (Wennes BID AUTH.-1992 Court, Luthin Road, Washington Street, Wood Road, Acorn Hill Lane, CHIP & SEAL Bath & Tennis Drive, Hunt Club Lane, Hunt Club Drive, Coolidge PROJECT 492-1119 Street, Grant Street, Lincoln Road, White Oak Lane, 35th Street west of Adams Road Glendale Avenue from Madison Street to Washington Street) : Approved Omnibus Vote. 6. ITEMS REMOVED FROM CONSENT AGENDA: None. 7. ORDINANCES AND RESOLUTIONS: A. ORDINANCE NO. S-735 AN ORDINANCE GRANTING A VARIATION FROM THE ORD. S-735 PROVISIONS OF SECTION VII(E)(8)(c4 OF THE ZONING ORDINANCE OF THE 31 Hickory Dr. VILLAGE OF OAK BROOK, RELATIVE TO REAR YARD REQUIREMENTS (31 VARIATION- HICKORY DRIVE) - Bennett: REAR YARD REQUIREMENTS Trustee Skinner moved to pass Ordinance No. S-735 as presented and waive the full reading thereof. Seconded by Trustee Winters. Roll Call Vote: Ayes: 6-Trustees Bartecki, Krafthefer, Payovich, Shumate, Skinner and Winters. Nays: 0-None. Absent: 0-None. Motion carried. OBORDINANCE;NO. S-736 AN ORDINANCE GRANTING A FLOOD PLAIN SPECIAL ORD. S-736 USE PERMIT PURSUANT TO SECTION 10-34 OF THE CODE OF ORDINANCES OF 160 Forest Trail THE VILLAGE OF OAK BROOK, ILLINOIS (160 Forest Trail) - Cantore: FPSU Trustee Skinner moved to pass Ordinance No. S-736 as presented and waive the full reading thereof. Seconded by Trustee Winters. Roll Call Vote: VILLAGE OF OAK BROOK Minutes 2 May 12, 1992 / Ayes: 6-Trustees Bartecki, Krafthefer, Payovich, Shumate, J Skinner and Winters. Nays. 0-None. Absent: 0-None. Motion carried. C. ORDINANCE NO. S-737 AN ORDINANCE GRANTING A VARIATION FROM THE ORD. S-737 PROVISIONS OF SECTION V(G)(3)(d)(1) OF THE ZONING ORDINANCE OF THE 160 Forest Trai: VILLAGE OF OAK BROOK, ORDINANCE G-60, AS AMENDED, RELATIVE TO THE VAR.-STRUCTURE DETERMINATION OF STRUCTURE HEIGHT (160 Forest Trail) - Cantore: HEIGHT Trustee Skinner moved to pass Ordinance No. S-737 as presented and waive the full reading thereof. Seconded by Trustee Winters. Roll Call Vote: Ayes: 6-Trustees Bartecki, Krafthefer, Payovich, Shumate, Skinner and Winters. Nays: 0-None. Absent: 0-None. Motion carried. D. ORDINANCE NO G-487 AN ORDINANCE AMENDING SECTION X(B)(2) OF THE ORD. G-487 ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK: AMEND. SEC. X(B) (2) OF Trustee Skinner moved to pass Ordinance No. G-487 as presented and ZON. ORD. waive the full reading thereof. Seconded by Trustee Winters. Roll Call Vote: Ayes: 6-Trustees Bartecki, Krafthefer, Payovich, Shumate, Skinner and Winters. Nays: 0-None. Absent: 0-None. Motion carried. E. ORDINANCE NO. S-738 AN ORDINANCE GRANTING A SPECIAL USE FOR A OPD. S-738 RADIO AND TELEVISION STATION AND PRODUCTION STUDIOS (2000 York 2000 York Road Road) - Mutual Life: SPEC. USE FOR RADIO & TV Trustee Skinner moved to pass Ordinance No. S-738 as amended to STATION AND include "'radio' and television station" and waive the full PRODUCTION reading thereof. Seconded by Trustee Wiaters. Roll Call Vote: STUDIOS Ayes: 6-Trustees Bartecki, Krafthefer, Payovich, Shumate, Skinner and Winters. Nays: 0-None. Absent: 0-None. Motion carried. 8. DEPARTMENTAL REPORTS - SPECIALTY AREAS: DEPARTMENTAL REPORTS Finance; Purchasing; and Hotel, Convention and Visitors Committee: Trustee Bartecki - No report. Sports Core: Trustee Krafthefer - The Bath & Tennis will reopen May 23rd. Repair work has been completed for the lap pool and diving well. Trustee Krafthefer commended Darren Martens and the Public Works Department for their timely assistance in preparing the Bath & Tennis facility for opening. Bath & Tennis membership registration is lagging substantially from last year. The Bath & Tennis Committee will meet on VILLAGE OF OAK BROOK Minutes 3 May 12, 1992 ORDINANCE S-736 AN ORDINANCE GRANTING A FLOOD PLAIN SPECIAL USE PERMIT PURSUANT TO SECTION 10-34 OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK, ILLINOIS (160 Forest Trail) WHEREAS, the owner of certain property described herein has petitioned the corporate authorities of the Village of Oak Brook, DuPage and Cook Counties, Illinois, for a Flood Plain Special Use Permit under Section 10-34 of the Code of Ordinances of the Village of Oak Brook, relating to flood plain and wetland regulations; and WHEREAS, a public hearing on such petition has been conducted by the Zoning Board of Appeals of the Village on June 5, 1990, pursuant to due and appropriate legal notice; and WHEREAS, the Plan Commission of the Village of Oak Brook has submitted its recommendation to the President and Board of Trustees; and WHEREAS,, the Plan Commission recommended approval and the Zoning Board of Appeals recommended denial of the petition; and WHEREAS, the Village President and Board of Trustees have reviewed the recommendations of the Plan Commission and Zoning Board of Appeals; and WHEREAS, the proposed use satisfies the requirements of and is consistent with each of the factors set forth in Section 10-34(c) of the Code of Ordinances of the Village of Oak Brook; and WHEREAS, the corporate authorities of the Village of Oak Brook 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: Pursuant to Section 10-34 of the Code of Ordinances of the Village of Oak Brook, Illinois, a Flood Plain Special Use Permit is hereby granted to allow regrading of the Salt Creek flood plain, said property being legally described as: That part of Lot 1 lying East of the center of Salt Creek in Owners Division of Lot 1 of Assessment Plat of the George Atwater Estate in the Northwest Quarter of Section 23, Township 39 North, Range 11 East of the Third Principal Meridian, according to the plat thereof recorded February 10, 1934 as Document 343033, in DuPage County, Illinois, and Ordinance S- 736 Granting a Flood Plain Special Use 160 Forest Trail Page 2 Lot 104 (except the North 80.0 feet in width thereof) , measured at right angles to the North line of said lot, in Timber Trail Estates, Unit No. 2, being a subdivision of part of the Northeast Quarter of Section 23, Township 39 North, Range 11 East of the Third Principal Meridian, according to the plat thereof recorded November 13, 1947 as Document No. 533982, in DuPage County, Illinois. Permanent Parcel No. 06-23-105-003. Section 3: That the special use permit herein granted in Section 2 of this ordinance be further expressly subject to the condition that all land modifications on the subject property be completed on or before May 31, 1996, in substantial conformity with the Site Grading Plan dated August 10, 1990 and prepared by Webster, McGrath & Carlson, Ltd. If the property owner fails to meet the conditions of this section, this special use permit shall automatically terminate and be of no further force or effect. The foregoing completion date may be extended without public hearings by the President and Board of Trustees upon a showing of necessity by the property owner. Section 4: That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS 12th day of May , 1992. Ayes: Trustees Bartecki, Krafthefer, Payovich, Shumate, Skinner and Winters Nays: None Absent: *Ton ,Abstain: APPROVED THIS 19t-h_ day of MAY ► 1992• Village President ATTEST: VlAlafge Clerk Appro d as to Form: Village Attorney Published Date Paper Not Published XX cntrfpsu.ord �pF Oq,,6 O =�:it-Y:x-axy to C �co 14, VILLAGE O F OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990-3000 May 5, 1992 Mr. Joseph Cantore 160 Forest Trail Oak Brook, IL 60521 Dear Mr. Cantore: The Board of Trustees at their meeting of April 28 , 1992 , made the following decision regarding your petitions: a) Voted to deny your Flood Plain Variation request to omit the compensatory storage. b) Voted to approve and authorize the attorney to draft the necessary ordinance for the Flood Plain Special' Use to allow construction of an addition to your accessory building. c) Vote to approve and authorize the attorney to draft the necessary -ordinance -for the variation to the permitted height of the addition. The above ordinance will be on the Board of Trustee' s agenda for May 12, 1992 for final approval. Call if you have any questions. Sincerely, Thomas R. Director of Code Enforcement cc: petition files contore.doc p9 The Zoning Board of Appeals, at its meeting of April 7, 1992, recommended approval of the requested Rear Yard Variation subject to the following conditions: 1) The area of .the encroachment into the rear yard shall be credited against the permitted 30% rear yard coverage allowed for accessory structures; and 2) The portion of the structure encroaching into the rear yard shall remain a single story structure and no second story additions to it will be permitted. Trustee Skinner moved to approve the requested variation and direct the Village Attorney to draft the necessary ordinance to effectuate same. Seconded by Trustee Payovich. VOICE VOTE: Motion carried. B. RECOMMENDATION - CANTORE -FLOOD PLAIN SPECIAL USE, FLOOD PLAIN CANTORE-FPSU, VARIATION, AND ACCESSORY BUILDING HEIGHT VARIATION (160 Forest FP VAR. , ACCESS. Trail) : BLDG. HEIGHT VAR. (160 Forest The Plan Commission, at its meeting of March 16, 1992, recommended Trail) approval of the variation to omit the compensatory storage. The Zoning Board of Appeals, at its meeting of April 7, 1992, recommended denial of the requested Flood Plain Variation. Trustee Skinner moved to deny the requested Flood Plain Variation to omit the compensatory storage. Seconded by Trustee Payovich. Greg Kulis, legal counsel for the Cantores, requested consideration for Mr. Cantore's request. Trustees Payovich and Skinner stated any change of our compensatory storage code would set a precedent. Area resident, Dudek, requested for consistency in ordinances of compensatory storage for the Village. Roll Call Vote: Ayes: 5-Trustees Bartecki, Payovich, Shumate, Skinner and Winters. Nays: 1-Trustee Krafthefer. Absent: 0-None. Motion carried. Trustee Skinner moved to approve the requested Flood Plain Special Use. Seconded by Trustee Krafthefer. Roll Call Vote: Ayes: 6-Trustees Bartecki, Krafthefer, Payovich, Shumate, Skinner and Winters. Nays: 0-None. Absent: 0-None. Motion carried. Trustee Skinner moved to approve the requested Accessory Building Height Variation. Seconded by Trustee Payovich. Roll Call Vote: VILLAGE OF OAK BROOK Minutes 6 April 28, 1992 Ayes: 6-Trustees Bartecki, Krafthefer, Payovich, Shumate, / Skinner and Winters. Nays: 0-None. Absent: 0-None. Motion carried. C. RECOMMENDATION - MUTUAL LIFE INSURANCE - ZONING ORDINANCE MUTUAL LIFE INS AMENDMENT AND SPECIAL USE FOR CHICAGOLAND TELEVISION (2000 York ZON. ORD. AMEND Road) : & SPEC. USE (2000 York Rd.) Both the Plan Commission, at its meeting of March 16, 1992, and the Zoning Board of Appeals, at its meeting of April 7, 1992, recommended approval of the requested Zoning Ordinance Amendment and Special Use subject to the following conditions: 1) F.C.C. licensing required prior to placing the transmitter in service (note: a copy should be required to be submitted to the Village) . 2) Up to three (3) microwave transmitter approved and aimed at a receiving antenna placed on the top of the Hancock building or Sears Tower in Chicago (note: we should add the requirement that any other signal transmissions via antennas shall require Special Use approval). 3) For aggregate live audiences of more than 50 people, the "studio" management shall provide for parking and traffic control with the approval of the Building Official. 4) Additional landscape screening shall be provided on the north and west sides of the antenna area (note: we should add that plans are to be submitted for approval by the Building Official) . Trustee Skinner moved to direct the Village Attorney to draft the necessary documentation for a Text Amendment to add Radio and Television Stations and Production Studios to the permitted special uses in an ORA-1 Zoning Diztrict. Seconded by Trustee Payovich. VOICE VOTE: Motion carried. Trustee Skinner moved to approve the Special Use for 2000 York Road. Seconded by Trustee Krafthefer. VOICE VOTE: Motion carried. Resident Calzaretta spoke of concern over health hazard of microwave beam. Bob Jones, consulting broadcast engineer, confirmed there is no hazard to homeowners. D. 1992/93 ENVIRONMENTAL MOSQUITO MANAGEMENT CONTRACT - Clarke 1992/93 TIOSQUITi Outdoor Spraying: MANAGEMENT CONTRACT (ClarkE Clarke Outdoor Spraying Company, Inc. is the only area contractor providing service to perform mosquito abatement and control operations during the Spring and Summer months. VILLAGE OF OAK BROOK Minutes 7 April 28, 1992 G�OF O4k e P 40G � f o � 4 �2 9C `yy F00UN V.4, VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990-3000 April 21, 1992 MEMO TO: President and Board of Trustees a FROM: Thomas R. Hawk SUBJECT: Cantore - 160 Forest Trail Flood Plain. Special Use Flood Plain Variation to omit- compensatory storage Accessory Building Height Variation This package of requests has history going back to early 1990- Following is a summary of. that. •histary: April 1990: Application was made for a Flood Plain Special Use and a zoning variation to allow construction .of . an addition to an existing accessory building (garage) . The proposed location is in the. flood plain and the petitioner also wanted to exceed the existing build- . ing height - approximately '20 feet -. instead of the 15 feet maximum height permitted for an -accessory structure. -The addition .was ,proposed to' be 22 feet high. During the review process, Mr: Cantore also asked to omit the required compensatory storage on the basis that the Salt Creek dredging project had already removed a considerable amount of his prop- erty. Subsequently, the Plan Commission and Zoning Board of Appeals recommended approval of the Flood Plain Special Use subject to certain conditions and the Zoning Board of Appeals recommended denial of the accessory building height variation. June 1990: The Board of Trustees voted to deny the accessory building height request and tabled the Flood Plain Special Use pending the resolution of questions regarding the compensatory storage. cantore.doc P96 July 1990: Mr. Cantore requested waiver of the compensatory storage requirement and the Board of Trustee again tabled the Flood Plain issues pending submission of plans for the compensatory storage. Jan. 10, Mr. Cantore submitted two petitions as follows: 1992 : 1) A variation to the flood plain regulations to omit the compensatory storage required by his proposed Flood Plain Special Use for the acces- sory building addition. 2) A re-submittal for the accessory building height variation. The requested height has been re- duced to 20 feet, matching the height of the existing structure. March 3, The Zoning Board of Appeals held the following 1992: public hearings: 1) Re: the flood plain variation to omit the com- pensatory storage._ This. hearing was continued_ until the April -7 meeting pending. the receipt.-of.. the Plan Commission recommendation. 2) Re: The accessory building height variation, recommended approval by a vote of 4 to 1. There were no objections from the public. Please see page 14a of the Accessory Building Height Varia- tion file for the basis of this motion. March 16, The Plan Commission reviewed the Cantore proposals 1992 : and recommended, by a vote of 4 to 1, approval of the varia.tion. to omit the compensatory storage. Please see page 20 of the Flood Plain Variation Compensato- ry Storage file for the basis of this motion. April 7, The Zoning Board of Appeals continued the public 1992 : hearing regarding the Flood Plain Variation with the following additional information: 1) The Plan Commission recommendation. 2) The letter from the DPC Department of Environ- mental Services which objects to the omission of the compensatory storage. After a motion to approve failed by a vote of 2 to 4 , a motion to deny .was passed by a vote of 4 to 2 . Conclusions Flood Plain Variation to omit Compensatory Storage: While approval of this variation will have little effect on flooding potential and would allow Mr. Cantore to preserve some of the natural setting of his property, it should be noted that it would reduce to some extent the positive effects of the Salt Creek dredging project and may set a precedent for requests by other property owners along cantore.doc pg6 Salt Creek where the dredging project took place. Flood Plain Special Use Subject to the above variation decision, this request is ready for final action. Accessory Building Height Variation In my opinion, approval of this variation should be examined carefully. The existing accessory building (garage) including the addition is not within any required yard and is approximately 155 feet from any of the neighboring lot lines along Forest Trail Drive. The property involved is approximately 4 acres in area which is far larger than the less than 1/2 acres lots it abutts. Because of the above, the addition, if approved, will have no discernible affects on any neighboring property. The- overall intensity of use of this property is extremely low when compared with a standard R-3 or R-4 lot.. My recommendation .is .for, approv- al. If you wish to approve any of the above proposals, it would be appropriate to authorize the attorney to draft the necessary ordinances for action at your next meeting.. . cc: Stephen Berley Robert Nielsen Margaret Rimbo cantore.doc pg6 OFOF OAAr ti PG .. 4 O � W G O ACS .\1 QOUNS•1 VILLAGE OF OAK BROOK 1 200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 - 2255 03 090,- ;0 0_' April 10, 1992 RE: Cantore Flood Plain Special Use Cantore Accessory Building Height Variation Cantore Flood Plain variation Dear Madam President and Board of Trustees: The Zoning Board of Appeals has made recommendations regarding the various requests of Mr. Cantore of 160 Forest Trail Drive. Mr. Cantore wants to build an addition to the existing detached garage building on his site . The addition is within a Flood Plain and exceeds the 15 foot maximum height for accessory struc- tures . The recommendations have been as follows: Flood Plain Special Use June 5 , 1990 - For approval - unanimous Note: This item was tabled by the Board of Trustees at their meeting of June 26, 1990 pending the resolution of the request to omit the compensatory storage. Accessory Building Height - 20 feet instead of the 15 foot maximum permitted. June 5 , 1990. - for denial - unanimous March 3 , 1992 - for approval - 4 to 1 with 1 abstention. cantore.doc pg4 O�OF Oqk e `v ,t O H G `O v 9CFCOUNTy VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 April 9, 1992 708 990-3000 Mr . Jeffrey S . Dailey, P.E. Chief Engineer Stormwater Management Division DuPage County Department of Environmental Concerns 421 N. County Farm Road Wheaton, Illinois 60189 RE: Cantore Flood Plain Variation Request 160 Forest Trail Dear Jeff : Thank you for Bruce Maki ' s letter dated March 30, 1992 in which Bruce said that the County does not feel any exceptional circumstance prevents the application of the compensatory flood plain requirement and you would therefore object to issuing this variance. Bruce ' s letter was dated March 30, 1992. I had sent to you draft Plan Commission meeting minutes in my letter dated March 27th which you may not have received when Bruce drafted his reply letter to me. In any event , one ( 1 ) item is of special concern to me regarding the County commenting on a variation application within a full waiver community when the County does not attend any of the public meetings or the public hearing where testimony is given and questions asked and answered. I would think that County representation at public meetings of testimony and discussion to gather all of the facts before rendering your recommendation would be appropriate and prudent . Since we are in the early stages of this new ordinance operation, County representation at public meetings may have been overlooked. However , a person cannot receive the full flavor of any requested variation where much verbalizing takes place within the applicant ' s presentation and discussion between the applicant and members of that particular public meeting. As you well know, such verbalization are key to understanding all aspects of any issue since only a summary is presented in the form of written minutes . This comment of County representation at public meetings of testimony and discussion relates not only to the present application before the Village of Oak Brook, but to any and all future variation applications . While I am neither an opponent nor proponent of the present application, I am �( 4c) • concerned that all applicants receive a proper and just hearing before anyone who renders any type of judgement . That would therefore require County representation at such meetings . The second issue I would like to discuss concerns the County' s formal position .on whether the granting of this variation by Oak Brook would adversely affect Oak Brook ' s complete waiver status . Your review of this issue should take into account that this application was filed on January 10 , 1992 ,, well before the ordinance took effect on February 15 , 1992 . The third and final issue I have concerns this same timing question. Spe ifically, does the County formally have standing in the present vari Aon since it was filed before the effective date of the ordinance or is the i rtant decision point at the time of a decision on the requested variation which will be of course after the effective date. In summary, I would very much appreciate your thoughtful review of these issues and written response. Since we are at the beginning of a new and exciting stormwater regulation era, we need to think about the practical problems and implications which are being created because of the new ordinance. ,Since a y, Dale L. Durfey, Jr . , P.E. , Village Engineer DLD/etg cc: Tom Hawk, Director of Code Enforcement -t Flood Plain variation - to omit the required compensatory stor- age. April 7, 1992 - for denial - 4 to 2 For additio nal inform please lease refer to the meeting minutes. additional All of the above were accomplished after holding the required public hearings . The ommission of the compensatory storage was objected to by a resident of Yorkshire Woods (Rood / Dudek 15 Yorkshire Woods) who also had the dredging along the rear of his property and has an approved Flood Plain Special Use which in- cludes compensatory storage. Sincerely, �.,/.(�•—�.:�/"� �� �rcpt William Kenny Chairman Zoning Board of Appeals cc: petition files cantore:doc P94 v 0*pF OAI_e9 0p j f � 2 4 � Ot COUNtr" VI LLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990-3000 January 21, 1992 MEMO: President and Board of Trustees FROM: Stephen Berley Thomas hawk SUBJECT: Referrals - Cantore, 160 Forest Trail We have received two new petitions from Mr. Cantore of 160 Forest Trail . Mr. Cantore has previously petitioned for a Flood Plain Special Use for an addition to the accessory / garage building on his property. Included with this request was a request for a build- ing height variation which was subsequently denied. The FPSU part of the request has been tabled since June of 1990. The two petitions are: 1) a variation request to omit the compensatory storage requirement 2) a re-application for the building height variation. Please refer these requests for review by the Plan Commission at their February 17 , 1992 meeting and to the Zoning Board of Ap- peals for public hearing on March 3, 1992 . Respectfully submitted, Q Stephen Berl by ho as R. Ii Village Manager Director of Code Enforcement PHT-CTE.MEM Illinois Department of Transportation Division of Water Resources 201 West Center Court/Schaumburg,Illinois/60196-1096 November 129 1991 Mr . Joseph Cantore 925 South Route 83 Elmhurst , IL 60126 Dear Mr . , Cantore : Salt Creek Channel Improvement , Construction FR-327 I have received your letter of November 9, 1991 regarding the amount of material excavated from your property under the execution of the above referenced project . According to our records , approximately 3470 cubic yards of channel excavation was removed. None of this material was considered silt by the Illinois Department of Transportation . If you have any questions , please call me at (708)705-4331. Sincerely , Dirk Fuqua , A ting Chief Bureau of Construction & Operations DF:car cc : A. Laird i 42�. OF OAkA P BOO � f G O 9CFCOUNtr•`�` VILLAGE O F OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990-3000 September 27, 1991 MEMO TO: Dale Durfey, Village Engineer FROM: Tom Hawk, Director of Code Enforcemen SUBJECT: Cantore - Flood Plain Special Use Request 160 Forest Trail Please review the attached submittals. Mr. Cantore feels that in light of the large amount of soil materials removed from his property during the Salt Creek Channel Improvement project, he should not be required to provide the small amount of compensatory storage called for by his building addition. What are your thoughts on this issue? TRH/11 cc: Stephen Berley, Village Manager Karen Bushy, Village President CANTOPE AND COMPANY CONSTRUCTION/DEVELOPMENT September 23, 1991 Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60521-2255 RE: Cantore Barn Addition Dear Mr. Hawk, Please find enclosed Floodplain storage calculations along with a letter from the Illinois Department of Transportation. As you can see, the Salt Creek Channel Improvement program received 3470 cubic yards of material or 2.15 acre feet of material from Mr. and Mrs. Cantore. As indicated on the Floodplain storage calculations, he need only supply .06 acre feet to compensate for the barn addition displacement. Let us know what you think. ACANTORE, Garmo & CO. Enc. 925S.RT.83 ELMHURST, ILLINOIS 60126 • (708)832-8600 0 Illinois Department of TranSPOrtaWn Division of Water Resources T% 201 West Center Court/Schaumburg.Illinois/60196-1096 September 20, 1991 Mr. Joseph Cantore 925 South Route 83 . Elmhurst, IL 60126 Dear Mr. Cantore: Salt Creek Channel Improvements, Construction FR-327 I have received your letter of September 10,­`,'1991 regarding the amount of material excavated from your property under the execution of the above referenced project. According to our records, approximately 3470 'cubic yards of material was removed. if you have any questions, please call . ' me at (7013)705-4331. Sincerely , Dirk Fuqua, Acting Chief " Bureau of Construction & Operations.. DF:car cc : A. Laird 35 FILE NAME:DETVOL • " w' FLOODPLA I N STORAt3� CALCULATI ONSw � PROJECT NAME : Cantore Residence -. Forest Trail Oak Brook BASIN LOCATION Total Cantore Lot Area Along Salt Crook DATE 6/28/90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ELEV . AREA MEDIAN DEPTH VOLUME ACCUM VOL. (ac) AREA(ac) (ft) (af) (af) . . . . . . . . . . . . . . . . . . . . . : : . . . . . . 662 .00 3. 14 3.07 1 .00 3.07 12.65 , 661 .00 3. 00 • I 2.77 1 . 00 2.77 9 .58 660 .00 2.54 2.35 1 . 00 2.35 6 .81 659 .00 2. 15 1 .80 1 . 00 1 .80 4.46 658. 00 1 .45 1 . 16 1 . 00 1 . 16 2.66 657 . 00 0.86 0. 74 0.50 0 .37 1 .51 656 .50 0.62 656 . 00 0.51 0.57 0.50 0 . 28 1 . 14 0.41 1 . 00 0 .41 0 .86 655 . 00 0.30 654. 00 0 . 14 0 . 22 1 . 00 0. 22 0.45 0 . 13 1 . 00 0 . 13 0 .23 653. 00 0. 11 0. 11 1 . 00 0. 11 0. 11 652 . 00 0 . 10 Existing 100 YR Floodplain Storage 662 . 0 12 .65 AF. Proposed volume displaced by building 0. 06 AF. (0.47%) Note : Data Determined By Planimeter Method Using a Topographical Survey of Property By Webster and Associates (WMC) Dated March 4, 1969 . 34 OE OF 04K• 9 G o 4 a0 J OFCOUNty VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990-3000 July 25, 1990 Mr. Joseph Cantore Cantore & Company 925 S. Route 83 Elmhurst, IL 60126 Re: Flood Plain Special Use 160 Forest Trail Dear Mr. Cantore: The Village Board, at its July 24 meeting, considered your request to waive the requirement to provide compensatory storage in conjunction with your barn addition. Following considerable discussion, the Village Board voted to once again table your application until such time as you provide plans which indicate where the compensatory storage will be located. It was the Board's feeling that this storage should be provided as required by Village ordinances. The Board's next meeting is August 14. As such, you should have revised plans into our Engineering Department no later than August 6 to be on the August 14 meeting. Should you have any questions concerning this subject, call either Dale Durfey or me. Sincerely, Bruce F. Kapff Assistant to Village Manager BFK:sps cc:. Stephen Berley, Village Manager Dale L. Durfey, Village Engineer ,33 0 VILLAGE OF OAK BROOK Minutes -3- July 24, 1 99 B. Detroit Armor Cor oration - Payout #1 and Final - Bullet Tra : Trustee Bushy moved, seconded by Trustee Rush. .. To authorize payment of Payout #1 and Final for the installation of the bullet trap, target conveying system, master control unit and safety seals for the Police Firing Range in the total amount of $46,472.00 subject to the approval of waivers by Village Attorney. ROLL CALL VOTE: Ayes: Trustees Bushy, Maher, Payovich, Rush, Winters and President Cerne. Nays: None Absent: Trustee Bartecki So ordered. C. A royal of C a Order #1 - East Side Villa a Hall Pavers: han Direction given at the Regular Meeting of May 8, 1990 to award a contract to Frank H. Stowell & Sons, Inc. of Evanston, Illinois for the East Side Paver Rehabilitation Project for the Village Hall in the amount of $52,524.00. Trustee Rush moved, seconded by Trustee Maher. .. To approve Change Order #1 which increases the contract price to Frank H. Stowell & Sons, Inc. by $2,414.00 for the East Side Paver Rehabilitation Project. ROLL CALL VOTE: Ayes: Trustees Bushy, Maher, Payovich, Rush, Winters and President Cerne. Nays: None Absent: Trustee Bartecki So ordered. V. OLD BUSINESS• ' 0 A Request for Waiver of Compensatory Storage - Cantore - Flood Plain S ecial Use 160 Forest Trail) Direction given at the Regular Meeting of June 26, 1990 to table the requested Flood Plain Special Use until the applicant provides a feasible plan for compensatory storage subject to the Village Engineer's approval. Trustee Winters moved, seconded by Trustee Bushy. . . To table the applicant's request for waiver of compensatory storage until the applicant provides necessary information on the location of compensatory storage on said lot for review by the Village Board at the August 14, 1990 Regular Meeting. VOICE VOTE: All present, in favor. So ordered. B. Recommendation - Schroeder - Flood Plain S ecial Use (Lot 20 - 811 Merr Lane) • Direction given at the Regular Meeting of June 26, 1990 to table the requested Flood Plain Special Use and request applicant to apply for IDOT permit and/or present a feasible plan subject to the Village Engineer's approval that provides compensatory storage without modifying Salt Creek. To direct the Village Attorney to prepare the necessary ordinance and direct the Village Engineer to prepare special flood proofing require- ments in the flood plain for installation of basements to be reviewed by the Village Board at the Regular Meeting of August 14, 1990. VOICE VOTE: All present, in favor. So ordered. VILLAGE OF OAK BROOK Minutes -3- July 24, 1990 G�pF pgk e �7 rw Y Cou T,4 VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990-3000 May 5, 1992 Mr. Joseph Cantore 160 Forest Trail Oak Brook, IL 60521 Dear Mr. Cantore: The Board of Trustees at their meeting of April 28 , 1992 , made. the following decision regarding your petitions: a) Voted to deny your Flood Plain Variation request to omit the compensatory storage. b) Voted to approve and authorize the attorney to draft the necessary ordinance for the Flood Plain Special Use to allow construction of an addition to your accessory building. c) Vote to approve and authorize the attorney to draft the necessary ordinance for the variation to the permitted height of the addition. The above ordinance will be on the Board of Trustee's agenda for May 12 , 1992 for final approval. Call if you have any questions. Sincerely, Thomas R. Director of Code Enforcement cc: petition files cantore.doc p9 GE OF GAr6 90 COUNT VILLAGE O F OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990- 3000 April 21, 1992 MEMO TO: President and Board of Trustees FROM: Thomas R. Hawk SUBJECT: Cantore - 160 Forest Trail Flood Plain Special Use Flood Plain Variation to omit compensatory storage Accessory Building Height Variation This package of requests has history going back to early 1990. Following is a summary of that history: April 1990: Application was made for a Flood Plain Special Use and a zoning variation to allow construction of an addition to an existing accessory building (garage) . The proposed location is in the flood plain and the petitioner also wanted to exceed the existing build- ing height - approximately 20 feet - instead of the 15 feet maximum height permitted for an accessory structure. The addition was proposed to be 22 feet high. During the review process, Mr. Cantore also asked to omit the required compensatory storage on the basis that the Salt Creek dredging project had already removed a considerable amount of his prop- erty. Subsequently, the Plan Commission and Zoning Board of Appeals recommended approval of the Flood Plain Special Use subject to certain conditions and the Zoning Board of Appeals recommended denial of the accessory building height variation. June 1990: The Board of Trustees voted to deny the accessory building height request and tabled the Flood Plain Special Use pending the resolution of questions regarding the compensatory storage. cantore.doc pg6 ��i July 1990: Mr. Cantore requested waiver of the compensatory storage requirement and the Board of Trustee again tabled the Flood Plain issues pending submission of plans for the compensatory storage. Jan. 10, Mr. Cantore submitted two petitions as follows: 1992 : 1) A variation to the flood plain regulations to omit the compensatory storage required by his proposed Flood Plain Special Use for the acces- sory building addition. 2) A re-submittal for the accessory building height variation. The requested height has been re- duced to 20 feet, matching the height of the existing structure. March 3 , The Zoning Board of Appeals held the following 1992 : public hearings: 1) Re: the flood plain variation to omit the com- pensatory storage. This hearing was continued until the April 7 meeting pending the receipt of the Plan Commission recommendation. 2) Re: The accessory building height variation, recommended approval by a vote of 4 to 1. There were no objections from the public. Please see page 14a of the Accessory Building Height Varia- tion file for the basis of this motion. March 16, The Plan Commission reviewed the Cantore proposals 1992 : and recommended, by a vote of 4 to 1, approval of the variation to omit the compensatory storage. Please see page 20 of the Flood Plain Variation Compensato- ry Storage file for the basis of this motion. April 7, The Zoning Board of Appeals continued the public 1992 : hearing regarding the Flood Plain Variation with the following additional information: 1) The Plan Commission recommendation. 2) The letter from the DPC Department of Environ- mental Services which objects to the omission of the compensatory storage. After a motion to approve failed by a vote of 2 to 4 , a motion to deny -was passed by a vote of 4 to 2 . Conclusions Flood Plain Variation to omit Compensatory Storage: While approval of this variation will have little effect on flooding potential and would allow Mr. Cantore to preserve some of the natural setting of his property, it should be noted that it would reduce to some extent the positive effects of the Salt Creek dredging project and may set a precedent for requests by other property owners along cantore.doc pg6 02� • Salt Creek where the dredging project took place. Flood Plain Special Use Subject to the above variation decision, this request is ready for final action. Accessory Building Height Variation In my opinion, approval of this variation should be examined carefully. The existing accessory building (garage) including the addition is not within any required yard and is approximately 155 feet from any of the neighboring lot lines along Forest Trail Drive. The property involved is approximately 4 acres in area which is far larger than the less than 1/2 acres lots it abutts. Because of the above, the addition, if approved, will have no discernible affects on any neighboring property. The overall intensity of use of this property is extremely low when compared with a standard R-3 or R-4 lot. My recommendation is for approv- al . If you wish to approve any of the above proposals, it would be appropriate to authorize the attorney to draft the necessary ordinances for action at your next meeting. cc: Stephen Berley Robert Nielsen Margaret Rimbo I cantore.doc pg6 G r'OF OAAr VILLAGE O F OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990- 3000 April 10, 1992 RE: Cantore Flood Plain Special Use Cantore Accessory Building Height Variation Cantore Flood Plain Variation Dear Madam President and Board of Trustees: The Zoning Board of Appeals has made recommendations regarding the various requests of Mr. Cantore of 160 Forest Trail Drive. Mr. Cantore wants to build an addition to the existing detached garage building on his site . The addition is within a Flood Plain and exceeds the 15 foot maximum height for accessory struc- tures. The recommendations have been as follows: Flood Plain Special Use June 5, 1990 - For approval - unanimous Note: This item was tabled by the Board of Trustees at their meeting of June 26, 1990 pending the resolution of the request to omit the compensatory storage. Accessory Buildings Height - 20 feet instead of the 15 foot maximum permitted. June 5, 1990 - for denial - unanimous March 3 , 1992 - for approval - 4 to 1 with 1 abstention. cantore.doc pg4 Flood Plain Variation - to omit the required compensatory stor- age. April 7, 1992 - for denial - 4 to 2 For additional information, please refer to the meeting minutes. All of the above were accomplished after holding the required public hearings. The ommission of the compensatory storage was objected to by a resident of Yorkshire Woods (Rood / Dudek 15 Yorkshire Woods) who also had the dredging along the rear of his property and has an approved Flood Plain Special Use which in- cludes compensatory storage. Sincerely, y William Kenny Chairman Zoning Board of Appeals cc: petition files cantore.doc pg4 A Z VILLAGE OAK BROOK MAF T NG BOARD OF APPEALS MINUTO April 7, 1992 I. CALL MEETING TO ORDER This meeting was called to order at 7:32 p.m. II. ROLL CALL MEMBERS PRESENT: Members William Kenny Louis Aldini Champ Davis Dorothy Dosedlo Paul Goeken Martis Manu Shah MEMBERS ABSENT: Member Raymond White ALSO PRESENT• Engineer Dale Durfey . Director of Code Enforcement Thomas Hawk A quorum was present. III. APPROVAL OF MINUTES Member Martis moved, seconded by Member Dosedlo , to waive the reading of the minutes and to approve them as written. VOICE VOTE: All in favor - motion passed. — --�IV. CANTORE = 160 FOREST TRAIL = FLOOD PLAIN VARIATION This is a continuation of the public hearing of March 3 , 1992. Mr. Joe Cantore and Attorney Greg Kulis were sworn. The minutes of the March 16, 1992 Plan Commission meeting indi- cate their approval of this request by a vote of 4 to 1. Also, we have received a letter from Mr. Bruce Maki of the DuPage County Department of Environmental Concerns which objects to the approval of this request. The board and petitioners reviewed the proposal. Mr. Dudek, of 15 Yorkshire Woods , who also had the dredging project along the rear of his property and who has an approved Flood Plain Special Use with compensatory storage, objected to the granting of the variation. ZONING BOARD OF APPEALS Minutes April- 1992 1 Member Aldini m d, seconded 'by Member D is, to recommend - -- approval of thisequest on the basis tha*he request is in accordance with the Standards of Section 10-35 (e) of the Village Code. ROLL CALL VOTE: Ayes: Louis Aldini Champ Davis Nays: William Kenny Dorothy Dosedlo Paul Goeken Martis Manu Shah Motion fails. Member Martis moved, seconded by Member Shah, to recommend denial of this request on the basis that it did not meet the necessary standards of Section 10-35 (e) . ROLL CALL VOTE: Ayes: Paul Goeken Martis Manu Shah Dorothy Dosedlo William Kenny Nays: Louis Aldini Champ Davis Motion passed. V. MUTUAL LIFE INSURANCE - 2000 YORK ROAD - ZONING ORDINANCE AMENDMENT AND SPECIAL USE REQUEST _ PUBLIC HEARING This request is to amend the zoning ordinance to add "Radio and television stations and production studios" to the permitted Special Uses in an ORA-1 zoning district; and also to approve such use for 2000 York Road. The petitioner was represented by Attorney Dave Gooder; Mike Adams, Jim Cushing, and Randy Davis of Chicagoland Television; and Robert Jones, a consulting broadcast engineer. All were sworn. The petitioners presented a brief video file describing Chicago- land Television and made a presentation covering the following: 1) The characteristics of their proposed use of the property as described in their petition documents. 2) The parking available and their actual parking needs. It was estimated that their 120 employees would have an actual parking space need of 60 or less based on the fact that many employees are off-site much of the time. ZONING BOARD OF APPEALS Minutes Aprill, 1992 2 rr�rrrr.... r APR-01-1992 13:46 FR0r,JWPC ENVIROHNENTAL CONCERW: TO 9- u 411.odd 1 � DuPage County u DEPARTMENT OR ENVIRONMENTAL CONCERNS 421 N.COUNTY FARM ROAD WHEATON,iLUNO1S 80187 708-882.7130 Ge i , Y; APR 0 1 1992 ;rt r+ it a: BRO09l Y► March 30, 1992 DE;* Mr. Dale L. Durfey, P.E. Village Engineer Ordinance Administrator Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60521 Dean Dale: Re: Cantore Flood Plain Compensatory Storage Variation Request The Department has reviewed the information you provided concerning this request for variation of the compensatory storage requirement. t - We -do not feel any exceptional circumstance prevents the application of the compensatory Flood plain requirement: Therefore, the Department would object to issuing this variance. As you are aware, the Ordinance does not specify a minimum allowable amount of flood storage displacement, since it is the cumulative effect of such small displacements that can raise flood elevations. Please feel free to call myself, or ' Jon Steffen should you need additional information in this matter. Sincerely, Bruce W. Maki Administrator, Stormwater Permits BWM:jmp c Jon Steffen, Principal Engineer Community File G�pF Oqk 9 Vi LLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 6.0521 -2255 March 27 , 1992 708 990-3000 Mr . Jeffrey S . Dailey, P.E. Chief Engineer Stormwater Management Division DuPage County Department of Environmental Concerns 421 N. County Farm Road Wheaton, Illinois 60189 RE: Cantore Flood Plain Variation Request 160 Forest -Trail Dear Jeff : To further update your file on this subject , enclosed please find the draft minutes of the March 16 , 1992 Plan Commission meeting. The Plan Commission recommended approval of the variation based on two (2) reasons: 1 . There will be little or no detrimental effects to other property owners . i 2. To protect the natural habitat that exists on this property. Your Bruce Mackie telephoned me earlier this week to inform me of the County' s recommendation that Oak Brook not grant the Flood Plain Variation. I replied that I needed the County' s response in writing for the file which Bruce said that he would do. I trust that your written response is in the mail since I have not received it ,yet . After reviewing the draft Plan Commission meeting minutes, please call me if you have any questions . Sincer y, Z'(',/(Z-1W Dale L. Durfey, Jr. , P.E. , Village Engineer- DLD/eta Enc. cc: Tom Hawk, Director of Code Enforcement VILLAGE OF OAK BROOK PLAN COMMISSION March 16, 1992 I. CALL MEETING TO ORDER The meeting was called to order at 7:31 p.m. II. ROLL CALL MEMBERS PRESENT: Tom Doyle Bernie Dudek Donald Haglund George Mueller (left at 8 :46 p.m. ) Donald Sandstedt MEMBERS ABSENT: Al Savino Anthony Tappin ALSO PRESENT: Trustee Kelly Skinner Engineer Dale Durfey Director of Code Enforcement Thomas Hawk A quorum was present. Member Mueller moved, seconded by Member Haglund to elect Don Sandstedt as acting chairman in Al Savino's absence. VOICE VOTE: All in favor - motion passed. III. APPROVAL OF MINUTES Member Doyle moved, seconded by Member Mueller, to waive the reading of the minutes and to approve them as written. VOICE VOTE: All in favor - motion passed. IV. & V. CANTORE BUILDING HEIGHT VARIATION AND FLOOD PLAIN VARIATION - 160 FOREST TRAIL Attorney Greg Kulis was present on behalf of Mr. Cantore who was unable to attend. Since the Cantore Building Height Variation and Flood Plain Variation are related issues, they were discussed together. The building height variation requires no action by the Plan Commis- sion but was placed on the agenda for informational purposes only. PLAN COMMISSION Minutes -1- March 16, 1992 02/ Mr. Kulis described the petitioner' s request, including the following: 1) The building height request is an addition to the existing 20 foot high garage. 2) The compensatory storage volume required is approximately 92 cubic yards and the variation requested is to omit this requirement. 3) The dredging of Salt Creek removed approximately 3470 cubic yards of soil from Mr. Cantore's property. 4) The effect on floods would by very small. 5) To provide the storage would require further damage to the natural characteristics of the property. 6) Several additional trees would have to be cut down. Engineer Durfey confirmed that the effect on flood elevation would be small, but that it cannot be considered nothing. He has sent a letter to the County asking for their comment. There was no public testimony in opposition to this proposal. Member Doyle moved, seconded by Member Haglund, to recommend to the Zoning Board of Appeals and Board of Trustees approval of the petitioner' s request to omit the compensatory storage requirement of approximately 92 cubic yards . This motion is based on the following: 1) There will be little or no detrimental effects to other property owners. 2) To protect the natural habitat that exists on this property. ROLL CALL VOTE: Ayes Tom Doyle Donald Haglund George Mueller Donald Sandstedt Nays Bernie Dudek Motion passed. VI & VII. MUTUAL LIFE INSURANCE - 2000 YORK ROAD_ ORDINANCE AMENDMENT AND SPECIAL USE. The petitioner was represented by the following people: Dave Gooder - Attorney Mike Adams - Director of News Jim Cushing - Director of Business Affairs Randy Davis - Project Manager Bob Jones - Engineer Jean Meyers - Real Estate Manager PLAN COMMISSION Minutes -2- March 16, 1992 �D ti vpG�OF Oq„eAC F y COUNT.4' VILLAGE O F OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 March 5, 1992 708 990-3000 Mr. Joseph Cantore 160 Forest Trail Oak Brook, IL 60521 Dear Mr. Cantore: The Zoning Board of Appeals at their meeting of March 3 , 1992 , held the following public hearings regarding your requests: Flood Plain Variation You and your attorney presented your request and answered the questions of the Board. This hearing was continued until the April 7, 1992 Zoning Board of Appeals meeting to receive the Plan Commission recommendation regarding this issue. Please attend the March 16, 1992 Plan Commission meeting and the April 7, 1992 Zoning Board of Appeals meeting. Accessory Building Height Variation The hearing was held and concluded and the Board voted by a margin of 4 to 1 to recommend approval. With your approval, this item is being held and will go to the Board of Trustees with the Flood Plain Variation. The tentative date for this to take place is April 28, 1992 . Please call if you have any questions. sincerely, // " e.--�4� Thomas R. w Director of Code Enforcement cc: petition files CANTORE.DOC f9 OF Oqk v e9 vP �� � a o � FCOUNTr VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 March 4 , 1992 708 990-3000 Mr . Jeffrey S . Dailey, P.E. Chief Engineer Stormwater Management Division DuPage County Department of Environmental Concerns 421 N. County Farm Road Wheaton, Illinois 60189 RE: Cantore Flood Plain Variation Request 160 Forest Trail Dear Jeff : This is to inform you that , on January 10, 1992 , Joseph Cantore filed for a flood plain variation to eliminate the compensatory storage requirement from his previously approved flood plain special use permit . The Village of Oak Brook is in the process of hearing this variation request and has not yet reached a decision. Attached for your information are the following documents from the file: 1 . Application 2 . Letter dated January 24 , 1992 from Joseph F. Cantore. 3 . Memo dated January 16 , 1992 from myself . 4 . Letter dated November 12 , 1991 from Dirk Fuqua. 5 . Memo dated July 7 , 1990. 6. Copy of site grading plan received on February 4 , 1992. Since the application was made prior to the effective date of the new ordinance, I am not sure whether you have any standing in this matter , but I am sending you this information for your review and comment in any event . Mr . Cantore is proposing a small addition to an existing garage which will displace 0 .06 acre feet of flood storage along Salt Creek. His variation asks that the compensatory be waived for such a small amount of volume. I would appreciate your review and comments on this variation request . The Plan Commission will be hearing he request at their March t g q 16 h meeting and the Zoning Board of Appeals will be finalizing their deliberations at their April 7th meeting. The matter will then go to the Village Board at its rzecting of April 28, 1992 . March 4 , 1992 Page 2 Your prompt response and comments would be appreciated so that our various review bodies have the benefit of your input . Sinc ely, Q.. Dale L. Durfey, Jr . , P.E. , Village Engineer DLD/etg Enc. cc: Tom Hawk, Director of Code Enforcement t7 X VILLAGE OF OAK BROOK ZONING BOARD OF APPEALS MINUTE D"F March 3, 1992 I. CALL MEETING TO ORDER This meeting was called to order .at 7:32 p.m. MEMBERS PRESENT: Members William Kenny Champ Davis Dorothy Dosedlo Paul Martis Manu Shah Member White arrived at 8:21 p.m. MEMBERS ABSENT: Member Louis Aldini ALSO PRESENT: Trustee Kelly Skinner Village Engineer Dale Durfey Director of Code Enforcement Thomas R. Hawk A quorum was present. II. APPROVAL OF MINUTES Member Martis moved, seconded by Member Dosedlo, to waive the reading of the minutes and to approve them as written. VOICE VOTE: All in favor - motion passed. II. Cantore. Flood Plain Variation, 160 Forest Trail Public Hearing The petition is a request to waive the required compensatory storage for his proposed addition to an accessory building. Joseph Cantore and his attorney, Greg Kulis, were sworn. Mr. Cantore and Mr. Kulis made a presentation and answered the questions of the Board. The following points were covered: 1) The compensatory storage volume involved is approximately 92 cubic yards. 2) The Salt Creek dredging project removed approximately 3470 cubic yards of earth from Mr. Cantore's property - none of which was silt. The channel was widened approximately 10 feet and many trees were removed. Mr. Cantore received no compensation of any kind. 3) Engineer Durfey indicated the volume (92 cubic yards) is small and that eliminating this requirement is a policy discusion. ZONING BOARD OF APPEALS Minutes -1- March 3, 1992 4) The petitioner feels that his request will have no detrimen- tal effects. 5) The hardships alleged is that to comply will require further damage to the natural characteristics of the property which are unwarranted in light of the extensive changes caused by the dredging. 6) No IDOT permit is required. 7) No measurable increase in flood heights. 8) The Plan Commission recommendation has not yet been received. There was no public testimony regarding this request. The Public Hearing was continued until the next meeting, April 7, 1992 , to allow for the Plan commission recommendation. The Plan Commission has this proposal on their agenda for March 16, 1992. IV. CANTORE , ACCESSORY BUILDING HEIGHT VARIATION, = 160 FOREST TRAIL = PUBLIC HEARING The petition is requesting a variation to permit an addition to an accessory building to have a height of 20 feet instead of the 15 feet maximum permited. Mr. Cantore and Attorney Kulis made the presentation and answered the questions of the Board. The following points were covered: 1) The existing accessory structure is 20 feet in height. 2) The proposed addition is a 2 story design and has an area of approximately 1360 square feet. 3) The architecture is consistent with the present building. 4) The accessory building including the addition is wholly with- in the buildable area. 5) The addition is not visible from any of the neighbors proper- ties in Oak Brook. 6) The addition is approximately 195 feet from the nearest neighbor. 7) The lot is approximately 4 acres in area which is far larger than any neighbor and the 25,000 square feet minimum in the R-3 zoning district. 8) By keeping the footprint as small as possible, this minimizes the intrusion into the flood plain, the damage to the natural land characteristics of the property, and the overall land coverage. 9) There are no detrimental effects. 10) Alternatives are not feasible economically. There was no testimony from the Public. Member Shah moved, seconded by Member white, to recommend approv- al of the proposal as requested. This motion is based on the following: ZCNING BOARD OF APPEALS Minutes -2- March 3, 1992 GOOF Oqk 9q `P •-+rsA 00� _N 2 Vy 9CFCOUNt-4 VILLAGE O F OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990- 3000 February 24 , 1992 Mr. Joseph Cantore 160 Forest Trail Oak Brook, IL 60521 Dear Mr. Cantore: Last Monday, February 17 , 1992 , the Plan Commission tabled con- sideration of your Flood Plain variation request. In order to avoid any confusion regarding your petitions, follow- ing is a schedule of meetings for you to use. March 3 , 1992 Zoning Board of Appeals - a) Flood Plain variation public hearing b) Building height variation public hearing Since the Zoning Board of Appeals won't have the recommendation of the Plan Commission they will have to continue hearings until April 7, 1992 . March 16, 1992 Plan Commission - a) Flood Plain variation - review & recommenda- tion b) Building height variation- review April 7, 1992 Zoning Board of Appeals - Make recommendation on both proposals CANTORE.DOC Page 2 of 2 April 28, 1992 Board of Trustees - a) Flood Plain variation b) Flood Plain Special Use c) Building height variation If approved authorize attorney to draft neces- sary ordinance(s) . May 12 , 1992 Board of Trustees - Execute ordinance Hopefully, we will be able to stay on this schedule. Sinc ely, iatejz Thomas R. Hawk Director of Code Enforcement cc: official file Tom Hawk' s file CANTORE.DOC /5 554 7" MF VII. CANTORE FLOOD PLAIN VA*O'N OMIT COMPENSATORY STORAGE, 160 FOREST If See item VI. Vill. ADJOURNMENT Member Haglund moved, seconded by Member Tappin, to adjourn. VOICE VOTE: All in favor - motion passed. Meeting adjourned at 8:17 p.m. Date Approved Approved PLAN COMMISSION Minutes -3- February 17, 1992 i 1aY133S: tJF:CkCA 1 f)liP r�Eil �`iC�Al�'�f�dJYC 'F f"A'MOT9C 1 Pll7C"3�FJIAII Ki> a t�' NdTICE I�i£REYt1f Gl^rETfi sloe r pubic hearkhg before dry±' �r ( or Oak Brook.DuPaga nd°"'Ocok"k ou`t�:a l°`16�w1a will bis held on Maids'%1992 al 72o p m in it*Oak Bromic Mat,1200 Oak Brook A=d. Cardom kw,a+olsH a>ti�,.pee a irt applatbsi d:loe:s� Flood�eg " � 34 of the Flood-PR d V d�d o wool. llkols.The property rrry be gsnteraty described as 10 Forest Tral,Oak Brook 1Mndr:and dhs legal description Is as kila,a: The pen,of Lot 1 Vitt stns-d the center d Sell Creak in owners division of 1 Aswesment plat at the C,sorge Atwater Estate In the Northwest Ouarter at Section 23.Too"*Meridiem,a000rdkhg to the plat thereof recorded February 10: 1934 as Document ' '"D�'0e PUBLISHER'S CERTIFICATE Also.lot 104(Except the North 80.0 lest H wWth thered),measured at right wtgiait to the north Ira of saw tot.in TMber Trails Estates,Ur*No.2.bein a subdivision d pan of the Northeast quarter d Section 23.Township 39 North.Range 11 East to the plat tared recorded November 13.1947 so Document s533M.in DuPage County.illrols. Perntarront Parcel xM23.105-003 The petitioner is requesting the waiver of the 'Y That the notice a true copy of which is attached to this certificate, requirement for conVeneatory storage required by the proposed construction of an addition to an accessory building. DOINGS once each week for .wt:e weeks successive) • that the An person desiring to be heard In support d or In opposition . . . . . y+ o the proposed Flood Plain Variation or any provision thered. A be afforded an opportunity to do so and mey sit m*their .tion was the 1 day of . Fearuary . A. D. 19 and statements orally or In writing or bah.The hearing may be ecessed to another date I notice of time and place thered is by iewspaper pubtloatiorh not less than live(5)days prior to the publication was the . . . . . . . . . . . day of. . . . . . . . . . . A. D. 19 . . . . . . We of the recessed hearing. The petition application is on file with the Village Clerk and ma the he pour d Code EMOrc y afft Persons wishing to CERTIFIED That THE DOINGS is a secular newspaper of general uartsne the petition dowmants may arrange to do so with the 'JoW.996 d3M Erhforaemhxht."'°'>,°`"'""`''2n2 oak Brook ella eekly in the Villages of Hinsdale, Clarendon Hills, Oak Brook, Burr "��cion, d Cities of Darien and Oakbrook Terrace and circulated generally in the Published at the direction of the Corporate Authorities and the 'oning Board d Appeals of the Village a oak Brook,ouPage arendon Hills,Oak Brook,Burr Ridge, Willowbrook and Cities of Darien ;nd Cock Counties.Illinois. 'wlthed In The Doings February 12 1.992. ind adjacent unincorporated and incorporated areas, and in DuPage and and in other areas; that said THE DOINGS is a "newspaper"as defined by the Illinois Statutes made and provided for such situations,to wit;by Section 5 of"An Act to revise the law in relation to notices," 1874,Feb. 13,R.S. 1874, p. 723, § 5,as amended 1959,Ju- ly 17,Laws 1959,p. 1494, § 1;and is also a"newspaper"as defined by Section 1 of"An Act con- cerning 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 his 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 . . . . . . . . . . . . . . .13th. . . . . . . . . day of . . . . . . . . . . February. . . . . . . . ., A.D. 19 9.2 . . . Publishers Charge . . .$5 , 9.2 . . . . . . Publisher Op pqk �PG� eA0 O `2 Vy VILLAGE O F OAK BROOK 1200 OAK BROOK ROAD February 7 , 19 99A BROOK, ILLINOIS 60521 -2255 708 990- 3000 Dear Resident: The Oak Brook Plan Commission and/or Zoning Board of Appeals, and the Village Board will be considering a: Flood Plain Variation and Variation to the Zoning Ordinance at the meetings as scheduled on the reverse side of this notice. The application has been filed by: Mr. Joseph Cantore Relationship of applicant to property: Owner Name of subdivision (if applicable) : Timber Trails The property in question is located at: 160 Forest Trail Also shown on the reverse side is a map of the area to assist you in determining your relationship to the property in question. The request which has been made is as follows: Flood Plain Variation: To omit the compensatory storage required by an accessory building addition. Variation to the Zoning Ordinance: To permit a 20 foot high addition to an existing non-conforming accessory building (garage) instead of the required maximum of 15 feet height. If you desire more detailed information, please contact me at the Building Department to review the file on this application. I look forward to your attendance at the public meetings. Sincerely yours, fas R. Hawk Director of Code Enforcement i c:/us5/tina/res1tr.frm /2 All meetings are held in the Samuel E. Dean Board Room of the Oak Brook Village Hall, on Oak Brook Road (31st Street) and Spring Road, Oak Brook, Illinois. Plan Commission Meeting . . . . 7:30 p.m. , Mon. , Feb. 17 , 1992 Zoning Board of Appeals . . . . 7 : 30 p.m. , Tues. , Mar. 03 , 1992 Board of Trustees Meeting 7 :30 p.m. , Tues. , Mar. 24 , 1992* *tentative IF 3 12 1I 10 9 NoaTN F r,.o +TA E LT E'D66 DRIVE C: Tli"10EQ • 141�14d lSL 106 94W o f. 34 t'_ ,= .74" w1�1 K1 1d7 , 16711 o 633 z 10a. 102 •d ]t�1 • 1.2,. '' u RL7:,: .110 a 1.; �' .. o its —• o IY3184 RO IS$If b" 3� 1 82 6G l u o LEAF DRIVE "'T7 171 186 11 f 5 14 131 Y So '34 �131 131 ro �5 zk 57 x � '�• Z� -t Z � ? 1 �� 4 ,��0 Y v - P/` TRA1� H ♦! )T, IA'j'�1 1 �j� �1 r.J. J.f f r.• 1 IT �i y k • :•} 1 33 ,,� QFS �. � M E R R Y LAN' I 940 c:/us5/tina/res1tr.frm 'i L 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, R21 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. G-137, 9-14-71) (H) Plan Commission. Jurisdiction. The Plan Commission of the Village, which has been duly established with functions as prescribed by the Illinois Statutes, is the Plan Commission referred to in this ordinance, and shall have the following duties under this ordinance: (1) Receive from the Village Clerk copies of applications for proposed amendments and thereafter may submit its recommendations thereon to the Zoning Board of Appeals and Board of Trustees. (2) Receive from the Building Inspector copies of applica- tions for proposed Special Uses and thereafter submit its recommendations thereon to the Building Inspector and Board of Trustees. (3) Act on all other matters which are referred to it as required by the provisions of this ordinance. (4) Review, from time to time, the provisions of this ordinance and to make reports of its recommendations with respect to proposed amendments to the Board of Trustees. ��w I i I i ! § 10-35 OAK BROOK CODE - i such application to the zoning board of appeals for processing in accordance with applicable statutes of the State of Illinois and one copy to the board of trustees. (e) Standards: The recommendation of the zoning board of appeals and the decision of the president and board of trustees on an application for a variation to the provisions of this article shall be based on the following standards, the burden of showing to be borne by the applicant: (1) A showing of good and sufficient cause; (2) A determination that failure to grant the variation would result in exceptional hardship to the applicant; and (3) A determination that the variation will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nui- sances, cause fraud on or victimization of the public, conflict with other existing ordinances, or conflict with the intent of this article. (f) [Conditions and Restrictions:] The zoning board of appeals may recommend and the board of trustees may require such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this section to reduce or minimize the injurious effect of such variation upon other property in the neighborhood, and to implement the general purpose and intent of this article. (g) [Insurance rates:] The village shall inform applicants for variations that should a variation be granted to build a structure with its lowest floor below the base flood elevation, it could result in flood insurance premiums as high as twenty-five dollars ($25.00) per one hundred dollars ($100.00) of insurance coverage. (Ord. No. G-217, § 2, 9-27-77; Ord. No. G-277, § 7, 1-27-81; Ord. No. G-364, § 3, 9-10-85) Secs. 10-36--10-45. Reserved. Supp. No. 30 638 � PLANNING AND ZONING § 10-35 tion, "Flood-Proofing Regulations," June, 1972, GPO: 1973 0-505-026 edition, or any subsequent edition thereof. (Ord. No. G-217, § 2, 9-27-77; Ord. No. G-364, § 2, 9-10-85) Sec. 10-35. Variations. (a) [President and Board of Trustees May Grant:] Variations to the provisions of this u ion recommendation by the president and board of trust ees p by the zoning board of appeals. (b) Authority: The board of trustees shall decide all applica- tions for variations of the provisions of this division after a public hearing held before the zoning board of appeals on such notice as i shall be required by the Illinois Statutes for zoning variations. The zoning board of appeals shall hold public hearing upon all applications for variations and shall report its recommendations I to the board of trustees as to whether a requested variation would be in harmony with its general purpose and intent, and a shall recommend a variation only where it shall have finding of fact specifying the reason or reasons for recommending the variation. Such findings shall be based upon the standards prescribed in subsection (e) below. No variation shall be granted 1 by the board of trustees without such findings of fact. The con- curring vote of four (4) members of the zoning board of appeals shall be necessary to recommend in favor of the requested varia- tion. In the case of a variation where the zoning board of appeals mails to recommend the variation, it can only be adopted by an ordinance with the favorable vote of two-thirds of the trustees. (c) Initiation: An application for any office, triplicate and may be made by a y governmental 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 interest as livable t o the land or land exclusive possessory pp application for a and improvements described in the app variation. (d) Processing: An application for a variation shall be filed with the village clerk who shall forward one copy of Supp. No. 30 637 `I 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 adj acent 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. E (5) Unauthorized Variations: The variation procedure E shall in no case be used to accomplish a result which 968 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 F Appeals for processing in accordance with applicable Statutes of the State of Illinois and one copy to the Board of Trustees. (4) Standards: i (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 i Sec. XIII OAK BROOK CODE I 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 ��T- - C.ANT'J_ t,1�O e_t T� 1 . C. r�..c r.�<1�LS " (Iou' OrK'. 'T 1 CO:!PFNSATORY c;voAG VARI TTON - ?eferred. `o_ ?' ^, Cc^aissicn Meet—­ COXPE;V`SA1 TOR and Zonno ward oz �r�?1's _?eet�^.c of ? arc 3, STORAGE VAR. of F 1 1992: Approved 'us VC t3- 2. BUILDING EIGn'1' VARIATION - Referred to Pla.� Ccmtiissior_ ,reetir_a of BUILDING of Deals Peering of `!arch 3 HEIGHT LIAR. Februa_'".; d Zoni^.a Soar 1992: Approved Cmribus Vote. PAYOUTS: D. PAYOUTS: 1 CR.AWr ORD, MtJt?o?=_' TT?�I:I, L`iC. - P71YO`JT 41 - #iINL'SCR ARG_R SRI C'AT:WI`flDi SOR E cc Approved Omnibus Voce. HARGER BRIDGE DESIGN: Ap_ � $5,403.22 oR �ScIQNP.T1 F`IGI��_??TtG BE:vES:.iORIE 2. JAY S J. BENS 1 AESOCIATES - PAYOUT 43 - _ Q- SERVICES - JORIE ECJL"`I;jo °AUS: Approved Cmni�.us Vote. BLVD. F?�US $15,447.42 BENES P AYOUT �7 - lcol PAVING PRO.1ZCT: BENES: `91 PAC 3. JAMIS T p°.OJECT Approved G=nsus Vote. $4,490.45 E OAK BROOK/OA103ROOK 'I-_ERACL WATER SIR712 AGREE`= - REOUEST TO TABLE TO OB/OBT WATER BOARD OF RUST=-S" MEETING OF FEBRUARY 11, 1992: Approved Omnibus SERVICE AGMT. Vote. 6. IT_'I-S REUO� FROM CONS, Z`T AGEN DA: None. 7. ORE)INANC°. S AND RESOLUTIONS: A. RESOLUTION NO. R-550 A RESOLUTION AUTHORIZING THE EXECUTION OF LEASE FOR RES. R-550 USE OF VT77AC'E PROPERTY LOCATED AT 1220 OAK BROOK ROAD (Formerly 1308 Oak LEASE FOR MAYORS AND MANAGERS CONFERENCE y 1220 OAK BROO_ Brook Road BY THE DU PAGE ROAD Trustee Shumate suggested the 33 municipalities of the DuPage Mayors and Managers Conference each pay a $100 monthly fee for rental of the Gazebo building to the Village of Oak Brook. Executive Director, Lynn Montei, stated the Conference would lose the free utility service as a non-profit organization if any fees were collected. Trustee Shumate requested striking the word "rent" from the lease agreement. Trustee Payovich moved to pass Resolution No. R-550 authorizing the execution of Lease commencing February 1, 1992 subject to proper financing for the Leasehold improvements and waive the full reading thereof. Seconded by Trustee Krafthefer. Roll Call Vote: Ayes: 4-Trustees Krafthefer, Payovich, Skinner and Winters. Nays: 2-Trustees Bartecki and Shumate. Absent: 0-None. Motion carried. B, RESOLUTION NO. R-551 RESOLUTION OF APPRECIATION - WALTER C- IMRIE' S RES. OF APPR. President Bushy read in its entirety the proposed Resolution of IMRIE Appreciation commending Walter C. Imrie, 209 Oak Brook Road, for his VILLAGE OF OAK BROOK Minutes -2- January 28, 1992 January 24 , 1992 Tom Hawk Village of Oak Brook 1200 Oak Brook Road Oak Brook , IL 60521 Re: Variation of Flood Plan Regulation - 160 Forest Trail Dear Mr . Hawk: We are enclosing with this letter eighteen copies of our site plan/survey per your instructions and a letter from I .D .O .T dated November 12 , 1991 . We are requesting that the Village waive the compensatory storage for the following reasons: We have the letter from I .D .O .T . explaining that through the creek widening we have lost approximately 3 ,470 cubic yards of earth not including any silt taken from the bottom and sides of the creek . We gave this land through an easement to the Village of OakBrook and gave easements for access to our property , which takes away the very private nature of our home and land . o The Village of Oak Brook offered to plant trees and even c°c offered monetary compensation but we declined this offer . N Co Further , we had the inconvenience of trucks and laborers 0o coming through our property to access the project . This we allowed even though it was not in our easement agreement . N We understand that the creek project was for the good of the 0 community as well as us personally . However , my wife Angela and I feel cc cn strongly about having to tear up our land for approximately 97 yards 5 of earth to be removed , when we have already given land , our privacy Z and our convenience . J J H N Very truly ours , J W M Jose Cantore Co cc Joseph C6 `O CANTOR E N • Illinois Department of Transportation Division of Water Resources 201 West Center Court/Schaumburg,Illinois/60196-1096 November 12 , 1991 Mr . Joseph Cantore 925 South Route 83 Elmhurst , IL 60126 Dear Mr . Cantore : Salt Creek Channel Improvement , Construction FR-327 I have received your letter of November 9, 1991 regarding the amount of material excavated from your property under the execution of the above referenced project . According to our records , approximately 3470 cubic yards of channel excavation was removed. None of this material was considered silt by the Illinois Department of Transportation. If you have any questions , please call me at (708)705-4331. Sincerely , Dirk Fuqua ,06t ng Chief Bureau of Construction & Operations DF : car cc : A. Laird r � • P C. VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 January 16 , 1992 708 990-3000 MEMO T1J: Torn 11.r:':1: . Di r for of ('ode Enforcement FROM : Jr . . P- E'. SUBJ1:CT : k' loort Plain Special Use - Cantore 100 't'ort,st. Trail 01-1 Deceulbcr ] I - 1 :11 , 1 received a copy of a letter from Dirk Fuqua of IDOT to Mr . Joseph Ca1-1tore stating "According to our records , approximately 3 . 470 cubic vards of channel excavation was removed. None of this material was con;: iderecl silt by t.tr Illinois Department of Transportation. " My undc.rstanding: iS, fl-It %11- . Cantor . c�as trying to get credit for his development bY utilizing the State ' s Dredging Project . IDOT accorrrplished its a.:rr sal. t. Crc;ck flood control project in this area of Oak Ilrook in order to clear out previously deposited silt and to restore some o1' the flo,v characteristics . l believe it is totally inappropriate for any priv« tc property owner- to make claim that any of the IDOT work should he crediti-d to a private development . I do not believe Mr . Cantore should be given any crecli t for the IDOT work. This oft.c-rnoon , i called Ed ltafacz of Cantore & Company and informed him of my decision. Respectfully submitted, Dale L. Durfey , Jr . , P.E. , Village Engineer DLD/eta Cantore vpv�OF Oq„a G� N G ? 4 � v 9CFCOUN0,`v VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990-3000 January 21, 1992 MEMO: President and Board of Trustees FROM: Stephen Berley Thomas Hawk SUBJECT: Referrals - Cantore, 160 Forest Trail lie have received two new petitions from Mr. Cantore of 160 Forest Trail . Mr. Cantore has previously petitioned for a Flood Plain Special use for an addition to the accessory / garage building on his property. Included with this request was a request for a build- ing height variation which was subsequently denied. The FPSU part of the request has been tabled since June of 1990. The two petitions are: 1) a variation request to omit the compensatory storage requirement 2) a re-application for the building height variation. Please refer_ these requests for review by the Plan Commission at their February 17 , 1992 meeting and to the Zoning Board of Ap- peals for public hearing on March 3 , 1992 . Respectfully submitted, �_h_o as R. II Stephen Menage ` Village Manager Director of Code Enforcement Ts91-CrE.F114 V • r V , G A r ' 1 V I ZONING ORDINANCE FLOOD PLAIN VI LLACL Of= OAK BROOK 1200 OAK BROOK ROAD Appeal Ea Variation OAK BROOK, II. 60521 $100 $300 990-3000 Variation Q Special Use APPLICATION FOR PUBLIC HEARING $300 $675 Amendment 310 HE FILL'D Will[ VILLAGE CLERK $650 Special Use $400 ALL APPLICATIONS tiUST BE ACCOMPANIED BY PROPER FEE, PLAT OF SURVEY, AND 10 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. 1)0 NOT WRITE IN THIS SPACE -- FOR OFFICE USE ONLY Date Filed: January 10, 1992 Board of Trustees Referral: January 28, 1992 Notice Published: February 12, 1992 Newspaper: The DOINGS Date Adjacent Property Owners NoLif led: Feb. 10, 1992•• Staff Referral: Feb. 13, 1992 Public Hearing Dates: Plan Conunission: Feb. 17, 1992 Zoning Board: March 3, 1992 Board of Trustees:March 24, 1992 Board of Trustees: (tenat ve — App oval of Ordinance) FEE PAID: $ 36'0 -00 IlecelpL No. 3�' Received By: i Village Clerk APPLICANT TU COMPLETE LOCA'r I ON OF SUBJECT PROPERTY: 160 Forest Tr. PERMANENT PARCEL NO. 06-23-105-003 LOT 110. 1 SUBDIVISION: Timber Trails ADDRESS: 160 Forest Tr. ZONING: R-3 ZONING ORDINANCE SECTION: ACTION REQUESTED: Variation of flood plain C OMiD�iOS�To v STD,eAG� /Q��u/R�r►t,� � — �-,6�r� • ,��oo�l��..��a .,f t�Br�w,�o s I PROPERTY INTEREST OF APPLICANT: OWNER ® CONTRACT PURCIIASER F-1 AGENT a OWUER(S) OF RECORD Joseph Cantore PHONE No. 833-2022 Vol-976490 ADDRESS 160 Forest Tr OakBrook, IL zip 60521 BEIIEFICIARY(IES) OF TRUST Same as Above PHONE NO. ADDRESS ZIP NAME OF APPLICANT Joseph Cantore PNon No. 833-2022 nurnicss 160 Forest Tr.OakBrook, IL Zip 60521 I (we) certify LhaL- all of Lh a above sLaL-ements and Lhe statements contained in any papers or plans submiLL'ed herewith are true to the best of my (our) knowledge and belief. i (Slclni1l ure . 1,111 1cauit DaLe (Signal:urp•) Ahhlicnnt Date NOTICE TO APPLICANTS Filing Schedule - Available on Request A Variation is a zoning adjustment which permits minor changes of district requirements where individual properties are boLh harshly and uniquely burdened by Lite stricL application of Lhe law. The power to vary is restricted and Lite degree of Variation is limited to Lite minimum change necessary to overcome Lite inequality lnherenL in Lite property. 1. A Variation recognizes that Lite same district requirements do not affect all properties equally; It was invented to permit- minor changes to allow hardship properties to enjoy eilual opportunities with properties similarly zoned. You must: prove that, land Is affected by special circumstances or unusual conditions. These must result in uncommon Hardship and unequal treatment under Lite sLrict application of Lite 'Loniny Ordinance. Where hardship conditions extend to other properties, a Variatlon cannot be granted. The remedy for general hardship Is a change of the inap or 'Lite LexL of Lite Zoning Ordinance. 2. You must prove that Lite coi►dbination of Lite Zoning Ordinance and Lite unc:onunon 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 pdople, Lite following conditions cannot be considered perLfiienL Lo Lite application for a Variation: (1) proof that a Variation would increase Lite financial return from Lite land, (2) personal hardship, (3) self-imposed Hardship. Li Lite Last case, Lite recognition of conditions created after Lite enactment, of Lite Zoning Ordinance would encourage and condone violation of Lite law. 3. No Variation may be granted which would adversely affect surrounding property or Lite general neighborhood. All Variations must be in harmony w1Lh Lite InLenL and purposes of Lite Zoning Ordinance. Names of Surrounding Property Owners Following are the names and addresses of surrounding property owners from LI►e property in question for •a distance of 250 feel Ill all directions, and Lite number of feel occupied by all public roads, streets, alleys, and public ways have been excluded In computing Lite 250-foot requirement. Said names are as recorded in Llie office of Lite County Recorder of Deeds (or Lite Registrar of Tiller; of Llie Count y) and as appear from ' i Lite authentic Lax records of this County. f 1 NAME a nuuRlas Kucharski 136 Forest Trails OakBrook; IL 60521 i I r. i I I I : i •I i Ordinance S- 736 Granting a Flood Plain Special Use 160 Forest Trail Page 2 Lot 104 (except the North 80.0 feet in width thereof) , measured at right angles to the North line of said lot, in Timber Trail Estates, Unit No. 2, being a subdivision of part of the Northeast Quarter of Section 23, Township 39 North, Range 11 East of the Third Principal Meridian, according to the plat thereof recorded November 13, 1947 as Document No. 533982, in DuPage County, Illinois. Permanent Parcel No. 06-23-105-003. Section 3: That the special use permit herein granted in Section 2 of this ordinance be further expressly subject to the condition that all land modifications on the subject property be completed on or before May 31, 1996, in substantial conformity with the Site Grading Plan dated August 10, 1990 and prepared by Webster, McGrath & Carlson, Ltd. If the property owner fails to meet the conditions of this section, this special use permit shall automatically terminate and be of no further force or effect. The foregoing completion date may be extended without public hearings by the President and Board of Trustees upon a showing of necessity by the property owner. Section 4: That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS 12th day of May , 1992. Ayes: Trustees Bartecki, Krafthefer, Payovich, Shumate, Skinner and Winters Nays: None Absent: *Tone Abstain: N,,, APPROVED THIS 1 ?tb_ day of Mai , 1992. i Llage President ATTEST: Vi 1 ge Clerk Appro 7d as to Form: : Village `Attorney Published Date Paper Not Published XX cntrfpsu.ord