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S-746 - 10/13/1992 - ZONING -VARIATION - Ordinances ORDINANCE s- 746 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION VII(E) (8) (c) OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK, RELATIVE TO REAR YARD REQUIREMENTS (38 Devonshire Drive, Oak Brook, IL) WHEREAS, an application has been filed requesting a variation frcm the provisions of Section VII(E) (8) (c) of the Oak Brook Zoning Ordinance, to permit the construction of a two-story addition extending approximately 4 feet into the required 40-foot required rear yard; and WHEREAS, a public hearing on such application has been conducted by the Zoning Board of Appeals of the Village of Oak Brook on September 1, 1992 pursuant to due and appropriate legal notice; and WHEREAS, the said Zoning Board of Appeals made explicit findings of fact that the variation requested conforms to the standards set forth in Section VII(E) (8) (c) of the Oak Brook Zoning Ordinance; and WHEREAS, the corporate authorities concur with the recommendation of the Zoning Board of Appeals to grant said variation. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: That a variation is hereby granted from the provisions of Section VII(E) (8) (c) of the Zoning Ordinance of the Village of Oak Brook so as to permit construction of a two-story addition extending approximately 4 feet into the 40-foot required rear yard, on the conditions that: (1) the addition is constructed in substantial conformity with the plans prepared by Normandy Construction Company, 734 Ogden Avenue, Downers Grove, IL, dated as last revised, July 7, 1992, a copy of which was filed with the petition for variation, and (2) permits are secured and the work is substantially completed by �. April 15, 1994. If the foregoing conditions are not satisfied within the time specified, this variation shall be null and void without further notice or action by the Village. VILLAGE OF OAK BROOK Minutes Oct. 13, 1992 UNOFFICIAL UNTIL APPROVED BY BOARD APPROVED AS WRITTEN OR APPROVED AS AMENDED -/ , BY VILLAGE BOARD ON ���„ ��te27_1992 1. MEETING CALL: CALL TO ORDER The Regular Meeting of the Board of Trustees was called zo order by President Bushy in the Samuel E. Dean Board Room of the Village Commons at 7:31 p.m. Pledge of Allegiance was given. 2. ROLL CALL: ROLL CALL The Clerk called the roll with the following persons PRESENT: President Bushy, Trustees Bartecki, Mayer, Shumate, Skinner and Winters. ABSENT: Trustee Payovich. IN ATTENDANCE: Bruce F. Kapff, Acting Village Manager; Richard A. Martens, Village Attorney; Maggie Powers, Finance Officer/Treasurer; Dale L. Durfey, Jr. , Village Engineer; Michael J. Meranda, Superintendent of Public Works; Tom Hawk, Director of Code Enforcement; Chuck McAdams, Sports Core Manager. 3. ANNOUNCEMENTS & OPEN FORUM: ANNOUNTCEmF.NTS President Bushy announced Acting Village Manager Bruce Kapff, Finance Officer Powers and she have made informational presentations to homeowner associations regarding Home Rule. It was reported to the Village that President Bushy was misquoted by Park District Commissioner John O'Shea at their Park District meeting. Commissioner O'Shea had attended the presentation for Brook Forest homeowners. A home owner had inquired at that meeting if it was feasible for the Village to take over the Park District. President Bushy explained what that process might be and did not bring it up as part of the presentation. President Bushy clarified that this had not been discussed by the Village Board. President Bushy spoke with Park District President Johnson to clarify the misunderstanding. 4. APPROVAL OF MINUTES: MINUTES Trustee Skinner moved to approve the minutes of the Regular Meeting of September 22, 1992 as presented and waive the full reading thereof. Seconded by Trustee Winters. VOICE VOTE: Motion carried with Trustee Bartecki abstaining. 5. CONSENT AGENDA: Trustee Skinner requested Item 5.B.6. , "Illinois Hydraulic - Payout #10 & Final - Pressure Adjusting Stations", be removed from the Consent Agenda for discussion. VILLAGE OF OAK BROOK Minutes 1 October 13, 1992 �b • Trustee Skinner moved to approve the Consent Agenda. Seconded by Trustee Bartecki. ROLL CALL VOTE: Ayes: 5-Trustees Bartecki, Mayer, Shumate, Skinner and Winters. Nays: 0-None. Absent: 1-Trustee Payovich. Motion carried. A. REQUEST FOR WAIVER OF PERMIT FEES - BRIARWOOD LAKES DREDGING BRIAR1400D LAKES PROJECT: Approved Omnibus Vote. DREDGING PROJECT WAIVER OF FEES B. PAYOUTS: PAYOUTS: 1. CRAWFORD, MURPHY & TILLY, INC. - PAYOUT #5 - HARGER/WINDSOR CMT: BRIDGES BRIDGES - CONSTRUCTION SERVICES: Approved Omnibus Vote. $12,385.00 2. UNIQUE PLUMBING COMPANY - PAYOUT #1 - 1992 COMBINED WATER UNIQUE PLUMBING: MAIN & DRAINAGE PROJECTS: Approved Omnibus Vote. WATER & DRAINAG? $62,972.28 3. DOMINIC FIORDIROSA CONSTRUCTION COMPANY - PAYOUT #4 - 1991 FIORDIROSA: DRAINAGE PROJECT NO. 91-1302: Approved Omnibus Vote. 1991 DRAINAGE- $17,115.94 4. JAMES J. BENES & ASSOCIATES, INC. - PAYOUT #4 - JORIE BENES: JORIE BOULEVARD - CONSTRUCTION INSPECTION SERVICES: Approved BLVD-$19,288.08 Omnibus Vote. 5. IMS - INFRASTRUCTURE MANAGEMENT SERVICES - PAYOUT #2 - I44S: PAVEMENT ENGINEERING SERVICES - PAVEMENT MANAGEMENT SYSTEM: Approved MGMT.-$2,000.00 Omnibus Vote. 7. DU PAGE WATER COMMISSION - PAYOUT #45 - FIXED COSTS AND O&M: DWC: FIXED Approved Omnibus Vote. COSTS C. REFERRAL - SIDE & FRONT YARD VARIATION - 506 WOOD (HINDMARCH) -- REFERRAL:.. SIDE E & F SID FRONT REFER TO ZONING BOARD OF APPEALS MEETING OF NOVEMBER 3, 1992: YARD VAR. : Approved Omnibus Vote. 506 Wood D. ORDINANCE NO. G-493 AN ORDINANCE AMENDING SECTION 3-23 OF THE ORD. G-493 CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK, ILLINOIS AND NO. OF LIQUOR AMENDING THE NUMBER OF AUTHORIZED LIQUOR LICENSES: Approved LICENSES Omnibus Vote. OE ORDINANCE NO. S-746 AN ORDINANCE GRANTING A VARIATION FROM THE ORD. S-746 PROVISIONS OF SECTION VII(E)(8)(c) OF THE ZONING ORDINANCE OF THE REAR YARD VAR. VILLAGE OF OAK BROOK, RELATIVE TO REAR YARD REQUIREMENTS (38 (38 Devonshire) Devonshire Drive, Oak Brook, IL [Woo]) : Approved Omnibus Vote. (WOO) F. RESOLUTION NO. R-574 A RESOLUTION_APPOINTING A REPRESENTATIVE AND RES. R-574 AN ALTERNATE FOR THE INTERGOVERNMENTAL RISK MANAGEMENT AGENCY IRMA REP. & ALT IRMA : Approved Omnibus Vote. G. RESOLUTION NO. R-575 A RESOLUTION AUTHORIZING EXECUTION OF LEASE RES. R-575 .AND OPTION TO PURCHASE DUMP TRUCK: Approved Omnibus Vote. LEASE/PURCHASE DUMP TRUCK VILLAGE OF OAK BROOK Minutes 2 October 13, 1992 I 160. 10. UNFINISHED BUSINESS: A. RECOMMENDATION- REAR YARD VARIATION (WOO - 38 DEVONSHIRE DRIVE) : •REAR YARD VAR. 38 Devonshire The Woos have requested a variation to allow a 4-foot encroachment (Woo) into the 40-foot required rear yard. They wish to construct a small 2-story addition which will increase the size of the kitchen area and master bedroom. The Zoning Board of Appeals, at its Regular Meeting of September 1, 1992, voted, by a margin of 4 to 0, to recommend approval of this request. The motion was based on the following conclusions: 1. The hardship expressed by the owners is reasonable; 2. The lot is of an irregular shape; 3. The variation, if granted, would not alter the character of the neighborhood nor have any detrimental effects; and 4. The ability of the property owner to get a reasonable rate of return on their property would be enhanced. Trustee Skinner moved to approve the requested Variation to allow a 4-foot encroachment into the 40-foot required rear yard and to direct the Village Attorney to draft the necessary ordinance to include a sunset provision of eighteen (18) months to act on permit and building. Seconded by Trustee Payovich. ROLL CALL VOTE: Ayes: 5-Trustees Mayer, Payovich, Shumate, Skinner and Winters. Nays: 0-None. Absent: 1-Trustee Bartecki. Motion carried. B. REQUEST FOR ENGINEERING SERVICES - YORK ROAD BIKE TRAIL: YORK ROAD BIKE TRAIL: The current FY 92/93 budget contains $21,000 for the failed grant ENGINEERING request for the Midwest Road/35th Street pathway and the 22nd SERVICES Street/Salt Creek pathway. These monies could be utilized for the engineering services. Trustee Payovich moved to authorize staff to negotiate a contract with a consulting civil engineering firm for professional engineering preliminary design services for the York Road Bike Trail for final review and approval by the Village Board. Seconded by Trustee Skinner. VOICE VOTE: Motion carried. C. BROOK FOREST TREE PLANTING EASEMENT - AMENDED LICENSE: BROOK °OREST TREE PLANITING Trustee Payovich moved to authorize execution of an amended EASEMEN:T: Easement Agreement with Northern Illinois Gas (NIGas) to allow AMENDED future additional planting of trees by the Homeowner's Association AGREEMENT on NIGas property directly south of I-88 between Midwest Road and Route 83. Seconded by Trustee Skinner. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK Minutes 4 September 22, 1992 /S. GE OF OAIr @ 90 v � O fA G O 4 `2 yCF `w COUNt4 VILLAGE O F OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990-3000 September 10, 1992 MEMO TO: President an Board of Trustees FROM: Tom Haw SUBJECT: Woo Varia ion - 38 Devonshire Drive, rear yard encroachment RECOMMENDATION : For approval - please see memo of August 24, 1992 to the Zoning Board of Appeals (page 11 of this file) This variation, if granted and constructed, should have no discernible effects . The area of home encroaching into the rear yard is approximately 75 Sq , ft . in a rear yard with approximately 6, 175 sq . ft. There was no public testimony regarding this petition . The Zoning Board of Appeals voted by a margin of 4 to 0 to recommend approval . The variation, if granted, should be based on the submitted site plan . If it is your wish to approve this request, it would be appro- priate to authorize the attorney to draft the necessary ordinance for your approval at your next regular meeting (Oct. 13 , 1992) , cc : petition files TRH/ 11 E OF OqK O B 9 ♦p' o � f , O 90�COUN-T*4- VI LLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990-3000 September 10, 1992 Dear President Bushy and Board of Trustees: The Zoning Board of Appeals held the necessary public hearing reagarding the Woo variation request at 38 Devonshire Drive. The Woos have requested a variation to allow a 4 foot encroach- ment into the 40 foot required rear yard. They wish to construct a small 2 story addition which will increase the size of the kitchen area and master bedroom. The Zoning Board of Appeals voted, by a margin of 4 to 0, to j recommend approval of this request. The motion was based . on the following conclusions : 1 . The hardship expressed by the owners is reasonable, 2 . The lot is of an irregular shape. 3 . The variation, if granted, would not alter the character of the neighborhood nor have any detrimental effects . 4. The ability of the property owner to get a reasonable rate of return on their property would be enhanced. Respectfully submitted, William Kenny, Chairman Zoning Board of Appeals WM/ 11 cc : files 3 � • p�pF OAk 9 `v? App O � v G'pFCOUNt�,` ? VILLAGE O F OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990-3000 September 10, 1992 MEMO TO: President an Board of Trustees FROM: Tom Haw SUBJECT: Woo Varia ion - 38 Devonshire Drive, rear yard encroachment RECOMMENDATION: For approval - please see memo of August 24, 1992 to the Zoning Board of Appeals (page 11 of this file) This variation, if granted and constructed, should have no discernible effects . The area of home encroaching into the rear yard is approximately 75 sq, ft. in a rear yard with approximately 6.175 sq. ft. There was no public testimony regarding this petition , The Zoning Board of Appeals voted by a margin of 4 to 0 to recommend approval . The variation, if granted, should be based on the submitted site plan , If it is your wish to approve this request, it would be appro- priate to authorize the attorney to draft the necessary ordinance for your approval at your next regular meeting (Oct, 13 , 1992) , cc : petition files TRH/ 11 1 � ' OF OqK a Off 9 o a � o v COUN1r. VILLAGE O F OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990-3000 August 24, 1992 MEMORANDUM TO: Zoning Board of A p als FROM: Thomas R. Ha SUBJECT: Woo Variation - 38 Devonshire Drive - Rear yard encroachment RECOMMENDATION: For approval. The requested encroachment will have no significant effects. The overall bulk intensity is still well below what is permitted by the Zoning Ordinance. ANALYSIS: . Required rear yard setback - 40 feet Proposed rear yard setback - 36.5 feet Proposed average rear yard setback - 42.3 feet Area of required rear yard - approx. 6175 square feet Area of proposed rear yard - approx. 6100 square feet The lot shape is irregular COMMENT: I have inspected the home. The kitchen area is rather small and the only feasible way to expand it is to extend the home into the rear yard. This variation, if granted, should have no detrimental effects on any of the neighbors. Since the depth and area of the encroachment are not appre- ciable in terms of the intensity of use of this property, it is my opinion that approval will not set a precedent that will cause any future problems. c:/ws5/tina/tinafile/woo.ltr I � �pf 04A,A n � O � G O �COUNO VILLAGE O F OAK BROOK 1 200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 - 2255 August 7 , 1992 708 990- 3000 Dear Resident: The Oak Brook Zoning Board of Appeals, and the Village Board will be considering a: VARIATION at the meetings as scheduled on the reverse side of this notice. The application has been filed by: Mr. & Mrs. Mickey K. Woo Relationship of applicant to property: OWNERS Name of subdivision (if applicable) : BROOK FOREST The property in question is located at: 38 DEVONSHIRE DRIVE 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: To reduce the required rear yard from 40 feet to 36 feet to allow construction of a two story room addition to the kitchen and master bathroom. The area of the addition is approximately 130 square feet. 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, ` fllomas R. Hawk Director of Code Enforcement e:/ws5/tins/tinafite/woo.Itr ID . LEGAL�Q NOTICE M • NOTICE' 11:AFRdO .: ...,.. NOTICE IE iSimi WYBihI11'VA1W srinp bsI01*11 wx, aa�M�p 9oerd.dAppMY d 1rs"I d dk Block OarPsOsf� nd Caa�c L'gtNEM.IiioU.wNt b�TrNd an SNpI:1..till@ d4 76.90 PAL r 11111IM r Svi k VMps HA im,Ort61u41te INin 1 ,Mri dm dPl and: K w do'Ir•VW dbn ss praald�d A Var61NH1 IM 7oNoNki¢'adhM. d''E Ordrwrota Y' VMY t "` "mictoP noryMd Nan�0 Md'N deplr b'0d NaM Nr _ The kkhM pol dhM W1040,OWNUrrol IL if " two 1" "'°~dWVWNOOT'T110 PUBLISHER'S CERTIFICATE slbor r..d spprorarftalsy tso pu«.I.o)Wind. TM be dncrftd os=DMIM o` OrM. 0,* I�rob- d(rd IM WOK dao"M Y Ma.. Ld 06W44111 FonIIL a walydlrYlon eMurMd in'O.n d:;. tlrpowndro.aMi+aEk s1.�Eas�G ss'dewrrelrl WO:�•-�i+t1'M? ,kE., PY the notice, a true co of which is attached to this certificate, P.nrtpr.nt nar;.l Na:oe~rr�o,:co�-�'•�`>...�.� AN personi'dodrbD to be Mard appodllat to IM propasd Veld w or«y ',S once each week for . One . . , , weeks successive) • that the Will to atbrdsd an opP�+lfa to do so rand msy eubm10" Y+ slsMrrrsnb orally or in wd**or bdk.TM harinli m�i'b� nc sssd to anm f dsb 1 no**d*M Brad Pb llrsrsd s is the . . . .7th. . . . . day of .Auclust. . . . . A. D. 1992 . . . . . and pub"snrro OMM d•M 6 wig t r r.od "" dsys'p�or "tion was the . . . . . . . . . . . day of. . . . . . . . . . . A. D. 19 . . . . . . wd with�tOksdors oodr Eda t.Psr Iowa IFIED That THE DOINGS is a secular newspaper of general o�s1a BD 4 Orak Broalc,'8ad. p�k Bfoalk��:` ... +,.• Oak BM 701 12:016 the Villages of Hinsdale, Clarendon. Hills, Oak Brook, Burr teMphom .,, LkK16 ; of Darien and Oakbrook Terrace and circulated generally in the PuWWwd at tM dMd6M.of 1r.Corporsts AulhcfNWBdd 1 Hills Oak Brook Burr Ridge Willowbrook and Cities of Darien the Zoning fiord d Appsd d s mo VN&V Of f f DuPope and Ceck COMM Illinois -4cent unincorporated and incorporated areas,and in DuPage and ftwidr.d in TM Doing Arpast r.ISM �: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 has been continuously published at regular intervals of at least once each week with a minimum of 50 issues per year for over one year prior to the first publication of the attached notice. IN WITNESS WHEREOF, one of the co-publishers of said THE DOINGS has affixed his hand and seal this . . . . . . . . . . . . . . . .5th. . . . . . . . . day of . . . .August . . . . . . . . . . . . . . . . . .. A.D. 19 92. . . . Publishers Charge . , sg : .3. . . . . ... . . Publisher �� pF OAK 9 P 4 ` pp� O � G O 4 `tom 9�F `yam COU140 VILLAGE O F OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990. 3000 August 4, 1992 Mr and Mrs. Mickey Woo 38 Devonshire Drive Oak Brook, Illinois 60521 Dear Mr. and Mrs. Woo: Your petition for a rear yard variation has been received and was referred to the Zoning Board of Appeals by the Board of Trustees at its meeting of July 25, 1992. The Zoning Board of Appeals will hold the public hearing pertaining to your request on September 1, 1992, at 7:30 P.M. in the Samuel E. Dean Board Room of the Village Hall, 1200 Oak Brook Road, Oak Brook. Tentatively, the Zoning Board of Appeals' recommendation will be heard by the Board of Trustees at its meeting 'of September 22, 1992, with possible final action on October 13, 1992. Please call if you have any questions. Sincerely, Tom Hawk Director of Code Enforcement TRH/11 cc: petition files 5. CONSENT AGENDA: Trustee Winters requested Item 5.C. , "1992-1993 Telephone System Maintenance Contract", be removed from the Consent Agenda for discussion. Trustee Bartecki requested Item 5.E.1. , "Bituminous Paving Systems, Inc. . - Payout #1 - 1992 Crack Seal Project", be removed from the ConsF.nt Agenda for discussion. Trustee Payovich requested Item 5.E.4. , "Marino Construction Company - Payout #18 - Reservior B", be removed from the Consent Agenda for discussion. Trustee Skinner moved to approve the Consent Agenda. Seconded by Trustee Winters. ROLL CALL VOTE: Ayes': 6-Trustees Bartecki, Mayer, Payovich, Shumate, Skinner and Winters. Nays: 0-None. Absent: 0-None. Motion carried. AN*:[UAL BENEFIT A. REQUEST TO USE FIRE TRUCKS - POLICE DEPARTMENT 18th ANNUAL BENEFIT SOFTBALL GA`U; SOFTBALL GAME: Approved Omnibus Vote. B. REQUEST FOR LEASE/PURCHASE OF FOUR MOBILE DATA TERMINALS - POLICE MOBILE DATA DEPARTMENT: Approved Omnibus Vote. TERMINALS OD REFERRAL - W00 - REAR YARD VARIATION (38 Devonshire) -- REFERRED REAR YARD VAR. TO ZONING BOARD OF APPEALS MEETING OF SEPTEMBER 1, 1992: Approved 38 Devonshire Omnibus Vote. E. PAYOUTS: PAYOUTS: 2. CIVILTECH ENGINEERING - PAYOUT #2 - TRI-STATE WATER MAIN CIVILTECH: PROJECT (31st Street to Canterberry Lane): Approved Omnibus TRI-STATE WM- Vote. $2,523.43 3. ALBIN CARLSON INC. - PAYOUT #2 - BRIDGE REPAIR - ALBIN CARLSON WINDSOR/HARGER/BAYBROOK LANE: Approved Omnibus Vote. BRIDGE REPAIR $105,939.70 6. ITEMS REMOVED FROM CONSENT AGENDA: C. 1992-1993 TELEPHONE SYSTEM MAINTENANCE CONTRACT: 92/93 TELEPHO MAINTENANCE Trustee Winters reclused himself from discussion or voting on said CONTRACT 1992-1993 Telephone Maintenance Contract due to employment by Illinois Bell. Trustee Payovich moved to approve and accept the telephone maintenance service agreement with Illinois Bell Communications for the period July 28, 1992 - July 27, 1993 at a cost of $3,914.00. ROLL CALL VOTE: VILLAGE OF OAK BROOK Minutes 2 July 28, 1992 APPENDIX A—ZONING Sec.VII provided that lands equal to ten percent of the total area be dedicated to the Village of Oak Brook, or agency approved by the Village Board, for park or recreational uses and no portion of which shall be less than 4 acres. The dedicated land shall be appropriate for park or recreational uses, and shall not include wet drainage ways in excess of 25% of the total dedicated area. (4) Lot Width: Not less than 100 feet within the buildable area. (5) Floor Area Ratio: Not to exceed 0.4 for nonresidential uses. (6) Structure Height: (a) Residential uses: Not more than 30 feet and not more than two and one-half stories. (b) Institutional and other nonresidential uses: Not more than 45 feet. (7) Ground Floor Area per Duelling. (a) One story—not less than 1,500 square feet. (b) Bi-level—not less than 1,300 square feet (floors at grade and above basement). (c) Dwellings having more than one story—not less than 1,000 square feet. (8) Yards: Except as required in Section VII C-1-g (2) and (4) in this ordinance, yards shall be provided as follows: (a) Front: Not less than 40 feet in depth—except front yards abutting York Road and 22nd Street shall have a depth of not less than 100 feet. (b) Side: Not less than 12 feet in depth—except (1) a side yard abutting a street shall be not less than 40 feet in depth; (2) for nonresidential uses each side yard abutting a street shall be not less than 50 feet in depth and each interior side yard shall be not less than 30 feet in depth and increased by Supp.No.18 900.3 3 Sec. �'II OAK BROOK CODE not less than 2 feet for each foot of structure height over 30 feet; (3) side yards abutting York Road and Cermak Road shall have a depth of not less than 100 feet. (c) Rear: Not less than 40 feet in depth. (9) Off-Street Loading and Off-Street Parking: As in Section XI of this ordinance. (Ord. No. G-83, 4-9-68; Ord. No. G-203, § 6, 12-14-76) (R R4 Single-Family Detached Residence D=etached (1) �Residen tied Uses: As in Ri Single-family District. (2) Special Uses: (a) As in the R1 i�Qgle- ily Detached Residence District, except airpa s. (b) Recreational u s other n accessory uses, not for profit—o ots not less tha acres in area. (1) Ice ating rinks—open. (2 arks and playgrounds. (3) Tennis and swimming facilities. Supp.No.18 900.4 _ Sec. XIII OAK BROOK CODE give due notice thereof to parties and s decide the appeal within reasonable time. Board may re rse or affirm, wholly or part , or may modify the o n requirement or sion or determina- tion as i is opinion ght to be made on the premises and that . d has all the powers of the official from who e appeal is taken. (4) Decisions: All sions, afte. earing of the Zoning Board of ,k als on appeals fro n administrative order, req ' ement, decision, or dete tion of the Building nspector or other authorized of�cz of the Villa of Oak Brook, shall, in all instances, be . �� _ a inistrative determinations and shall be subject to dicial review only in accordance with applicable Statutes of the State of Illinois. (G) Variations. (1) Authoritv: The Board of Trustees shall decide all applications for variations of the provisions of this or after a public hearing held before the Zoning Board of Appeals on such notice as shall be required by the Illinois Statutes. The Zoning Board of Appeals shall hold public hearings upon all applica- tions for variations and shall report its recommenda- tions to the Board of Trustees as to whether a requested variation would be in harmony with its gen- eral purpose and intent, and shall recommend a varia- tion only where it shall have made a finding of fact specifying the reason or reasons for recommending the variations. Such findings shall be based upon the stand- ards prescribed in Section XIII G4 of this ordinance. No variation shall be granted by the Board of Trustees without such findings of fact. In the case of a variation where the Zoning Board of Appeals fails to recommend the variation, it can only be adopted by an ordinance with the favorable vote of two-thirds of the Trustees. (2) Initiation: An application for a variation shall be in triplicate and may be made by any governmental 966 APPENDIX A—ZONING Sec. XIII office, department, board, bureau or commission, or by any person, firm or corporation having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, or any exclusive possessory interest applicable to the land or land and improvements described in the application for a variation. (3) Processing: An application for a variation shall be filed with the Village Clerk who shall forward one copy of such application to the Zoning Board of Appeals for processing in accordance with applicable Statutes of the State of Illinois and one copy to the Board of Trustees. (d) Standards: (a) The Zoning Board of Appeals shall not recom- mend a variation of the provisions of this ordinance as authorized in this section unless it shall have made findings of fact based upon the evidence presented to it on the following specinc issues that: (1) The property in question cannot yield a reasonable rettin 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 • • Sec XIII OAK BROOK CODE (1) The particular physical surroundings, shape, or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out. (2) The condition upon which the petition for variation is based would not be applicable generally to the other property within the same zoning classification. (3) The granting of the variation will not be detrimental to the public welfare or injurious _ to other property or improvements in the neighborhood in which the property is lo- cated. (4) The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or ochervise endanger the public safety or substantially diminish or impair property values within the neighborhood. (5) That the purpose of the variation is not based' exclusively upon a desire to make more money out of the property. (6) That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. (c) The Zoning Board of Appeals may recommend and the Board of Trustees may require such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this section to reduce or minimize the injurious effect of such variation upon other property in the neighbor- hood, and to implement the general purpose and intent of this ordinance. (5) Unauthorized Variations: The variation procedure shall in no case be used to accomplish a result which 968 L r 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, R?, R3 and R4 Districts. (6) Re-applications: Any person, firm, or corporation having been denied a variation to the Zoning Ordinance respecting a specinc 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) (If) Plan Commission. urisdiction- Th Plan CGmrrission of the Village, which has bee uiy estabii ed with functions as prescribed by th linois Statutes, is the Plan Commission referred o in this ordinance, nd shall have the following d 'es under this ordinance: (1) Receive fr the Village Clerk copies of applications for proposed endments a thereafter may submit its recommend ons the- n to the Zoning Board of Appeals and Boar of ustees. (2) Receive from the ng Inspector copies of applica- tions for proposp, Spec Uses and thereafter submit its recommen�,tions there to the Building Inspector and Board 9, Trustees. (3) Act on 1 other matters which re referred to it as requi d by the provisions of this or ance. (4) R 'ew, from time to time, the pro 'ons of this dinance and to make reports of its recom endations with respect to proposed a-mendments to the and of Trustees. 969 VILLAGE OF OAK BROOK APPLICATION FOR PUBLIC HEARING SINGLE FAMILY RESIDENTIAL ZONING VARIATION FEE - $300 ALL APPLICATIONS MUST BE ACCOMPANIED BY THE $300 FEE, AND 18 COPIES OF ALL OTHER NECESSARY SUBMITTAL DOCUMENTS . PLEASE REFER TO THE ATTACHED SUBMITTAL DOCUMENTS GUIDELINE. ---------------------------------------------------------------- APCPLInCANT TO COMPLETE PROPERTY ADDRESS : �O iCJ� �s /2 PERMANENT PARCEL NO. LOT NO. SUBDIVISION: /14L7/ ZONING : I7A�- ZONING ORDINANCE SECTION : 7 3 / /✓ ACTION REQUESTED : PROPERTY INTER OF APPLICANT: OWNER CONTRACT PURCHASER AGENT OWNER(S) /L' JG'-1 Al- VC1T) PHONE NO . ADDRESS ZIP APPLICANT ( "`�/�M� PHONE NO . ADDRESS ZIP I (we) certify that all of the above statements and the statements con ined in any papers or plans submitted herewith are true to the t of my (our) knowledge and belief . ' (Signature) A licant Date S ' gnat re) Applicant Date DO NOT WRITE BELOW -- FOR OFFICE USE ONLY Date Filed: Board of Trustees Referral : Notice Published: Newspaper : Date Adjacent Property Owners Notified : Staff Referral : Hearing Dates : Zoning Board: Board of Trustees : Board of Trustees Ordinance Approval Date: FEE PAID: $ Receipt No . Received By : Village Clerk resvarap.dac 4/21192 RESIDENTIAL VARIATION, PAGE 5 Surrounding Property OWmers Following are the names and addresses of surrounding property owners of the property in question for a distance of 250 feet in all directions . Do not include the width of any roads , streets , alleys , and public ways in computing the 250-foot requirement . These names and addresses can be obtained at the : Assessor ' s Office Assessor ' s Office York Township Downers Grove Township 1502 Meyers Road 4340 Prince Street Lombard, IL 60148 Downers Grove , IL 60515 (708) 627-3354 (708) 968-2100 The people on this list will notified by mail with the information about your request and the meetings schedule. NAME ADDRESS Ai-) 7-011• Z-1-F5-Z C-12 . Y-6—,dc-ya,��� � • �/Z Wit,e s S/o 9C 6W Pff&,��Lj k4,g,T 13 6 A14shll a- \1 eiu,,U 6, ,hin Attach additional pages , if necessary . resvarap.doc 4/21/92 RESIDENTIAL VARIATION, PAGE 6 38 Devonshire Oak Brook, Illinois 60521 July 14, 1992 Village of Oak Brook Department of Building and Zoning 1200 Oak Brook Road Oak Brook, Illinois 60521 REFERENCE: Application for Zoning Variation 38 Devonshire, Oak Brook, Illinois 60521 Gentlemen: The applicant has developed architectural plans to upgrade and expand the subject property. The complete design will include the construction of a new space to accommodate a new dinette area adjacent to the existing kitchen and a master bath adjacent to the existing master bedroom and bath. An important part of the upgrading of the subject property is the addition of the improvement described above, which the applicant believes is critical to the functional utility of the property. The applicant also believes that this addition is needed to conform the property to current minimum standard housing features in the surrounding community. Both of these objectives have an effect on value. The subject property is currently set back 40.03 feet from the east rear lot line. The variation sought is to allow new construction with a rear yard set back of 36.5 feet. The new construction intends to continue the rear aesthetics of the existing residence. Compliance with the existing rear yard setback requirement of the zoning ordinance is not possible from a functional and design view point, due to the existing setback angled across the rear of the lot. Construc- tion of an addition conforming with the 40.0 foot rear yard set back would result in a structure with less attractive architectural proportions and a significantly less efficient floor plan. Therefore, this would not be practical in terms of investment required relative to end value. Placing the addition anywhere else would result in improper light and vent of existing bedrooms, baths and family room as well as improper traffic flow through the home. The proposed addition has been designed to fix harmoniously into the existing neighborhood. The design is intended to add living space without overwhelming physical limitations set by the existing lot, and without creating an imposing structure. continued - Ck Village of Oak Brook Department of Building and Zoning Application for Zoning Variation - 38 Devonshire July 14, 1992 Page two of two The variation would not result in a use or development of the subject property that: (a) Would be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development, or value of property or improvements permitted in the vicinity: or (b) Would materially impair an adequate supply of light and air to the properties and improvements in the vicinity; or (c) Would substantially increase congestion in the public streets due to traffic or parking; or (d) Would unduly increase the danger of flood or fire; or (e) Would unduly tax public utilities and facilities in the area; or (f) Would endanger the public health or safety. There is no means other than the requested variation by which the alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the subject property. Respectfully subm'tted, Micky K. Woo enclosure: List of Neighboring Owners 3 CHECK g CHECKS g CASH INV M DATE NAME G.L.ACCOUNT X DESCRIPTION NUMBER T INVALID VILLAGE OF OAK BROOK WITHOUT ou SIGNATURE • BUREAU OF INSPECTION B 03696 0 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS PHONE: (708) 990-3000 RETAIN THIS RECEIPT 7�cc�tk FOR YOUR RECORDS FEGUARD BUSINESS SYSTEMS MICKY K. WOO 2-92 7 �/ 223 JENNIFER C. WOO 38 DEVONSHIRE DR. j OAK BROOK, IL 60521 70-2405/719 Pay to the order-of � a.Q G 4�'_-' $ goo, IR i Q nn J" . Dollars ®RRS*O«AGO E GARY-WHEATON BANK OF EIOV.. VE,NA .� �70B1 B 00. 110BOBdm •we, inoyGaM. l _I 3 4 3 9 1-5 16 X0,2 Z3 �OF OAAC ® " 4 • N F�ouNt�' VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990- 3000 July 20, 1992 TO: President & Board of Trustees i FROM Thomas Hawk, Director of Code En forcemen SUBJECT: Board Referral - Woo variation request - 38 Devonshire, rear yard encroachment. We have reviewed a petition for the above variation. Please refer this to the zoning Board of Appeals for public hearing at their meeting of September 1; 1992. Al -SURV t N BROOK FORES T, A SUBDI VI S ION;S I TUAW IN PART OF SEC TION 27, 70W HI P 39 NORTH, EAST OF 77JE W I RD PR I NC I PAL MERIDIAN, ACCORDING TO THE PLAT RECORDED AS DOMWEN T 1r:r t : !7092, ALL IN DU PAGE COUNTY, ILLINOIS-. w it 1 DRO c66�) _ HAMPTON : . SCA o �4' 130.004 8q•5g• F ik 0 n J _ .it 4 lit ^ ).•�tAr: 7'1 - r ew+e„ O T '1"'i0• ,.�,,,,�'.•w.Y'•% .1'I�1'45�•G m , STORY BRICK O - u 5TUCCO. ozS J X3.00 C Ln y Rf J A Mf 67.70 (` :17 55 0 206 s ' ; r LAI,— EY -Mel 157:05 I, RCNALD W. SCOTT, Illinois Land Surveyor No.,'..1630. have abed property as shown on the annexed Plat, whi h, s a correct vey. All distances are in feet and decimals then f..'and are ccr- )f 68= Fahrenheit.,, nn 1 1 RJR Ordinance S-746 Granting a Variation to a Rear Yard 38 Devonshire Drive Page 2 Section 3: That this Ordinance is limited and restricted to the property known as 38 Devonshire Drive, Oak Brook, IL, which property is legally described as follows: Lot 206 in Brook Forest, a subdivision situated in part of Section 27, Township 39 North, Range 11, East of the Third Principal Meridian according to the plat thereof recorded as Document No. R65-27092, all in DuPage County, IL. Permanent Parcel No. 06-27-307-007. Section 4: That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS 13th day of October , 1992. Ayes: Trustees Bartecki, Mayer, Shumate, Skinner and Winters Nays: None Absent: Trustee pavovich Abstain: None APPROVED THIS 13th day of October 1992. 2�LL/�' 46e:�& V' age President ATTEST: �n zk Village Clerk Appr ed as to Form: V Village Attorney Published Date Paper Not Published XX woo.ord .