S-809 - 06/13/1995 - SPECIAL USE - Ordinances 95-z0-su-s-809
AN ORDINANCE GRANTING A SPECIAL USE
FOR EDUCATIONAL AND CULTURAL FACILITY
(3400 St. Paschal Drive)
WHEREAS, the Forest Preserve District of DuPage County, Illinois,
hereinafter referred to as "District", has the power to acquire and hold lands
for forest preserve purposes pursuant to the provisions of the Downstate
Forest Preserve District Act, 70 ILCS 805/0.001 et se q. ; and
WHEREAS, in July of 1993 the District purchased approximately 89.7 acres
of property commonly known as Mayslake from an Association of Franciscan
Fathers of the State of Illinois; and .
WHEREAS, upon the application of the District, the Village has rezoned
the Mayslake property from the "R-3" (Single-Family Detached Residence
District) to the "CR" (Conservation/Recreation) District pursuant to the
Village's Ordinance 95-ZO-R-EX1-S- 808 ; and
WHEREAS, the Mayslake property includes several large buildings commonly
known as the Peabody Mansion, St. Francis Retreat House, Portiuncula Chapel,
and the St. Paschal Friary; and
WHEREAS, Atelier International is an Illinois not-for-profit corpora-
tion, which was incorporated for the purpose of developing and offering to all
segments of the community, social and cultural programs in the field of music,
dance and visual arts; and
WHEREAS, under Section 7b of the Downstate Forest Preserve District Act,
the District is authorized to issue licenses for any activities reasonably
connected with forest preserve purposes; and
WHEREAS, in 1989, the District's President and Board of Commissioners
passed and approved Ordinance No. 89-274 entitled, "Policy for the Licensing
of District-Owned Buildings"; and
WHEREAS, in June, 1995, the District's President and Board of Commis-
sioners passed and approved Ordinance No. 94-016 entitled, "An Ordinance
Authorizing the Execution of a License Agreement for the Operation of the
St. Paschal Friary located in the Mayslake Forest Preserve" and found in said
ordinance that entering into a license agreement is reasonable, necessary and
in the public interest and welfare and further, that the License Agreement
with Atelier International complies with the requirements of Ordinance No. 89-
274; and
WHEREAS, pursuant to Ordinance No. 94-016, on or about August 1, 1994,
the District's President and Secretary executed a License Agreement with
Atelier International for the restoration, repair, operation and management of
the St. Paschal Friary; and
WHEREAS, Atelier International filed an application for a special use
permit with the Village to use the property commonly known as 3400 St. Paschal
Drive ("special use property") as an educational and cultural facility; and
Ordinance 95-ZO-SU-S-809
Granting A Special Use For An
Educational and Cultural Facility
Page 2
WHEREAS, _a public hearing on such application has been conducted by the
Plan Commission of the Village of Oak Brook on April 17, 1995, and said
Commission has submitted its report on the subject application to the Zoning
Board of Appeals and the President and Board of Trustees and has recommended
approval of the issuance of such special use permit, subject to certain
conditions; and
WHEREAS, a public hearing on such application has been conducted by the
Zoning Board of Appeals of the Village of Oak Brook on May 2, 1995, pursuant
to due and appropriate legal notice, and said Commission has submitted its
report on the subject application to President and Board of Trustees and has
recommended the approval of the issuance of such special use permit, subject
to certain conditions; and
WHEREAS, the President and Board of Trustees have reviewed these
recommendations and concur with the recommendations and deem the passage of
this ordinance to be in the best interest and in furtherance of the general
welfare of the Village of Oak Brook;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth
are hereby adopted as though fully set forth herein.
Section 2: That as conditioned below, a Special Use Permit pursuant to
the provisions of Section XIII(J) be and is hereby granted for the property
commonly known as 3400 St. Paschal Drive and legally described below, for use
as an educational and cultural facility devoted to the performing arts, music,
visual arts and crafts:
That part of the Northwest Quarter of Section 35, Township 39 North, Range 11,
East of the Third Principal Meridian, described by commencing at the
intersection of the Northerly right-of-way line of 60-foot wide 35th Street
with the Westerly right-of-way line of F. A. Route 102 (Illinois Route 83) ;
thence North 00 013138" West, on said Westerly line, a distance of 425.0 feet
to the place of beginning; thence South 63 045126" West, a distance of 460.0
feet; thence North 26 014134" West, a distance of 460.0 feet; thence North
63 045126" East, a distance of 545.0 feet; thence North 90 000100" East, a
distance of 117.84 feet to said Westerly line of F. A. Route 102; thence
Southerly, on said Westerly line, being a curve concave to the West with a
radius of 5018.71 feet, an arc distance of 275.03 feet to a point of tangency
in said westerly line; thence South 00 013138" East, a distance of 175.30 feet
to the place of beginning, in DuPage County, Illinois.
Permanent Index No. 06-35-100-009
Section 3: That the Special Use Permit granted in Section 2 is subject
to these further conditions:
1. This special use is limited to Atelier International and the
following sublicensees which have been heretofore approved by the District
which is the owner of the special use property: Vandercook College of Music,
Ordinance 95-ZO-SU-S-809
Granting A Special Use For An
Educational and Cultural Facility
Page 3
Von Heideke School of Ballet; Columbia College; Art Institute of Chicago; Lake
Shore Jazz Ensemble; Northwestern University, and such additional
organizations as shall be approved as sublicensees by the District in the
future, provided that Atelier shall have notified the Village of Oak Brook in
care of the Village Manager, of its intent to request such approval not less
than fourteen (14) days prior to making application to the District.
2. No outdoor performances shall be conducted on the special use
property after 10:00 p.m. or before 9:00 a.m. on any day.
3. Noise coming from the special use property shall be subject to the
performance standards set forth below:
At no point on or beyond the westerly boundary line of
the special use property shall the sound pressure
level of any performance or operation coming from the
special use property (other than background noises
produced by sources not under control of Atelier
International and/or its approved sublicensees, such
as operation of motor vehicles or other transportation
facilities) exceed the decibel limits in the table
below:
Octave Band Maximum Permitted Sound
Level in Decibels
Frequency in
Cycles Per Second
20 to 75 72
75 to 150 67
150 to 300 59
300 to 600 52
600 to 1,200 46
1,200 to 2,400 40
2,400 to 4,800 34
Above 4,800 32
Sound levels shall be measured with a sound level
meter and associated octave band filter manufactured
according to standards prescribed by the American
Standards Association. Measurements shall be made
using the flat network of the sound level meter.
Impulsive type noises shall be subject to the
limitations set forth below, provided that such noises
shall be capable of being accurately measured and for
the purpose of this special use permit, shall be those
noises which cause rapid fluctuations of the needle of
the sound level meter with a variation of no more than
plus or minus two decibels. Noises incapable of being
so measured, such as those of an irregular and
intermittent nature, shall be controlled so as not to
become a nuisance to adjacent uses.
Ordinance 95-ZO-SU-S-809
Granting A Special Use For An
Educational and Cultural Facility
Page 4
4. In the event that there are more than two incidents involving the
offense of disorderly conduct occurring at the special use property in any
twelve-month period, this special use permit shall be subject to revocation
upon notice and hearing. The offense of disorderly conduct is presently set
forth in Section 9-19 of the Oak Brook Code of Ordinances, as may be amended
from time to time.
5. The residential area for students and artists at the special use
property shall be limited to the north wing of the third floor of the so-
called friary building (see attached floor plan) and shall include Rooms C5-
C8; Cll-C14; C27-C30; C31-C34, and common areas C10, C16, C17, C20 and C26.
Occupancy in this residential area shall not exceed 26.
6. Living areas for resident guards, caretakers, and/or maintenance
personnel shall be limited to the first floor of the so-called friary (see
attached floor plan) and shall include only Rooms A37-A40 and A67-A72.
Maximum capacity for resident guards, caretakers, and/or maintenance personnel
and their immediate family shall not exceed six (6) persons.
7. Parking shall be provided at the special use property per the
requirements of the Zoning Ordinance for all applicable uses and may be
constructed as the actual use of the special use property develops, provided
that not less than forty-four (44) spaces shall be provided at the time
Atelier International commences its operations.
8. Any utilities constructed on the special use property shall be
placed underground.
9. The special use shall automatically terminate if a certificate of
occupancy for the so-called friary has not been issued within two (2) years
from the date of adoption of this ordinance.
10. In the event that one or more of the above conditions, including the
conditions set forth in Section 2 are not met, the Village Manager shall
promptly initiate enforcement action, including, but not limited to revocation
proceedings, as may be warranted under the circumstances.
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 June, 1995.
Ayes: Trustees Bartecki, Kenny, Payovich, Savino and Shumate
Nays: None
Absent: Trustee McInerney
Abstain: None
Ordinance 95-ZO-SU-S-809
Granting A Special Use For An
Educational and Cultural Facility
• Page 5
APPROVED THIS 13th day of June, 1995.
it age President
ATTEST-
Virlag4 Clerk --
Approved as to Form:
Village Attorney
Published
Date Paper
Not Published XX
atelier.ord
Y
D. PAYOUTS: PAYOUTS:
1. GROUP I RESOURCES INC -PAYOUT#2 -INFORMATION INFORMATION
TECHNOLOGY PLAN -RFP PHASE - $5,961.49: Approved TECHNOLOGY PLAN
Omnibus Vote.
2. THOMAS M MADDEN -PAYOUT 44 & FINAL - OLD OAK OLD OAK BROOK DAM
BROOK DAM - $5,000.00: Approved Omnibus Vote.
REFERRALS: None.
F. REQUEST FOR WAIVER OF FEES - FOREST PRESERVE FOREST PRESERVE
DISTRICT OF DU PAGE COUNTY -MAYSLAKE SITE DIST. - MAYSLAKE
PARKING: Approved Omnibus Vote. SITE PARKING
G. REQUEST FOR AUTHORIZATION TO PAY BILLS ON AUTHORIZATION-PAY
DECEMBER 29. 1995: Approved Omnibus Vote. BILLS 12-29-95
H. ACCEPT AND PLACE ON FILE -TREASURER'S REPORT - TREASURER'S
OCTOBER 1995: Approved Omnibus Vote. REPORT - OCTOBER
6. ITEMS REMOVED FROM OMNIBUS AGENDA: None.
7. ACTIVE AGENDA (Items For Final Action):
A. APPOINTMENTS: APPOINTMENTS:
Motion by Trustee McInerney, seconded by Trustee Kenny,to concur MAZUKELLI -
with the recommendation of President Bushy and rescind the ETHNIC FEST
appointment of Roberta Arquilla to the 1996 Ethnic Fest Committee COMMITTEE
due to School Board member's assignments being reorganized
following a recent School Board election and appoint Thomas
Mazukelli, Co-Chair to the 1996 Ethnic Fest Committee as the School
District's representative. VOICE VOTE: Motion carried.
Motion by Trustee Kenny, seconded by Trustee Bartecki, to concur BUSCAGLIA
with the recommendation of President Bushy and appoint Vera ETHNIC FEST.
Buscaglia as At Large Member to the 1996 Ethnic Fest Committee. COMMITTEE
VOICE VOTE: Motion carried.
VILLAGE OF OAK BROOK Minutes 2 of 6 November 28, 1995
SER
r A,
•
—�
November 17, 1995
Forest
Preserve Mr. Thomas Hawk
Director of Code Enforcement
District Village of Oak Brook
1200 Oak Brook Road
of Oak Brook, IL 60521-2255
RE: MAYSLAKE PARKING LOT
DuPage PROJECT NO. Z-594-01
County Dear Mr. Hawk:
The Forest Preserve District of DuPage County is in the process of
Spring Avenue finalizing the construction documents for the parking lot to be
Glen Ellyn, IL 60 located off St. Paschal 's Drive at Mayslake Forest Preserve.
P.O. Box 2339 At this time, we are requesting that the Village of Oak Brook waive
Glen Ellyn, IL the permit and bond fees related to construction of the parking lot.
60138-2339
If you have additional questions related to the actual construction
of this project, please contact Mary Ellen Weller at 942-6092.
708/790-4900 Sincerely,
FAX •1 1
TDD 1-800-526-0857
D. •. . Jr. F Strong
President Executive Director
Michael Formento FAS.MEW/jcs
Gary A.King cc: Bob Vick, Director of Planning & Development
Secretary Andrea Hoyt, Senior Landscape Architect
Carolyn M.Kulie Mary Ellen Weller, Landscape Architect
Treasurer Dale Durfey, Village Engineer
Franz"Art"Strong
Execulive Director
9659012.FAS.MEW
rus ees Bartecki, Kenny, McInerney, Payovic Savino
and Shute. 4
Nays: 0 - None.
Absent: 0 - None. Motion carried.
B. ORDINANCE 95-ZO-R-EX1-S-%23 AN ORDINANCE REZONING
CERTAIN PARCEL TO THE B ONING A
22ND STREET): NERAL BUSINESS DISTRICT 1717 ORD. 95-ZO-R-EX.
S-823
The ordinance rezones the property REZONE TO B-3
Street from ORA-1 to B-3 subject to the conditions ns et forth n Section (171 22nd st.)
of the Ordinance. 2
Motion by Trustee Shumate, seconded by Trustee Bartecki to pass
Ordinance 95-ZO-R-EX1-S-823 "An Ordinance Rezoning a Certain
to the B-3 General Business District (1717 22nd Street)", as presented Parcel
and waive the full reading thereof. ROLL CALL VOTE:
Ayes: 6 - Trustees Bartecki, Kenny, McInerney, Payovich Sa i
and Shumate. vino
Nays: 0 - None.
Absent: 0 - None. Motion carried.
C. ORDINANCE 95-ZO-TA-G-560 AN ORDINANCE AMENDING SECTION
XI OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK °F`D•95-ZO-TA-
ORDINANCE G-60 AS AMENDED: G-560
The ordinance amends the text of the Zoning Ordinance b 1 SENDING
case of appliance stores, requiring one parking space for eve 200 SECTION XI OF
Y O In the ZONING ORD.
square feet of floor area; and (2) in the case of furniture stores requiring
one parking space for every 400 square feet of floor area.
Motion by Trustee Shumate, seconded by Trustee Bartecki, to pass
Ordinance 95-ZO-TA-G-560 "An Ordinance Amending Section XI of the
Zoning Ordinance of the Village of Oak.Brook, Ordinance G-60, as
Amended", as presented and waive the full reading thereof. ROLL CALL
VOTE:
Ayes: 6 - Trustees Bartecki, Kenny, McInerney, Payovich, Savino
and Shumate.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
D. ORDINANCE 95-ZO-SU-EX1-S-824 AN ORDINANCE AMENDING AN
ORDINANCE GRANTING A SPECIAL USE FOR EDUCATIONAL AND
CULTURAL FACILITY 3400 ST. PASCHAL DRIVE : S-8.95-ZO-SU-EX
S-824
GRANTING SPECIA
The ordinance essentially enlarges by approximately one acre the special TIONALR�EDUCA-
use property at 3400 St. Paschal Drive.
CULTURAL
FACILITY
GE OF OAK BROOK Minutes Page 3 of 12 Au (3400 St.
August 8, 1995 Paschal Drive)
Motion by Trustee Shumate, seconded by Trustee Bartecki, to pass
Ordinance 95-ZO-SU-EX1-S=824 "An Ordinance Amending an Ordinance
Granting a Special Use for Educational and Cultural Facility (3400 St.
Paschal Drive)", as presented and waive the full reading thereof. ROLL
CALL VOTE:
Ayes: 6 - Trustees Bartecki, Kenny, McInerney, Payovich, Savino
and Shumate.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
E. ORDINANCE 95-ZO-V-EX2-S-825 AN ORDINANCE GRANTING A ORD.95—ZO—V—EX2
VARIATION FROM SECTION VI-A(7)(a)(2) OF THE ZONING S-825
ORDINANCE OF THE VILLAGE OF OAK BROOK (3400 ST. PASCHAL VARIATION FROM
DRIVE): SEC.VI--A(7) (a)
OF ZON. ORD.
The ordinance grants a variation to allow parking not less than ten feet (3400 St.Pascha
from St. Paschal Drive at the special use property located at 3400 St.
Paschal Drive. This variation allows the parking to be placed at a location
away from the homes of the Trinity Lakes Subdivision in an area which is
generally shielded by vegetation on the north, east and west sides.
Motion by Trustee Shumate, seconded by Trustee Bartecki, to pass
Ordinance 95-ZO-V-EX2-S-825 "An Ordinance Granting a Variation from
Section VI-A(7)(a)(2) of the Zoning Ordinance of the Village of Oak Brook
(3400 St. Paschal Drive)", as presented and waive the full reading thereof.
ROLL CALL VOTE:
Ayes: 6 - Trustees Bartecki, Kenny, McInerney, Payovich, Savino
and Shumate.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
F. ORDINANCE 95-TR-G-561 AN ORDINANCE AMENDING THE TRAFFIC ORD.95—TR—G-561
REGULATIONS OF THE VILLAGE OF OAK BROOK, ORDINANCE G- AMEND. TRAFFIC
177, AS AMENDED, TO PROHIBIT PARKING ALONG ST. PASCHAL REGULATION -�
DRIVE: PROHIBIT P2,RK!t.,
ALONG ST. ``a
Trustee Shumate commented of the concern by Fire Chief Nielsen and PASCHAL DRIVE-w1
Police Chief Fleming of safety factors surrounding the off-road parking on
St. Paschal Drive. It was noted a concern of residents, from Trinity
Lakes, regarding trespassing, damage to vegetation on private property,
and damage to the gravel shoulders on both sides of the drive. The
Forest Preserve District of DuPage County owns Mayslake property, and
it is their responsibility to provide vehicular access to the property,
appropriate parking facilities, to apply and enforce District regulations
concerning hours of use and conduct of users, and to provide suitable
sanitary facilities. Trustee Shumate requested no parking on the road; the
County provide public parking on their property and work cooperatively
with the Village on how to patrol the area.
VILLAGE OF OAK BROOK Minutes Page 4 of 12 August 8, 1995
Village Manager Veitch noted, as directed by the Village Board, a letter
was sent to Executive Director Strong, Forest Preserve District of DuPage
County, stating the District had failed to provide necessary public facilities
on their property that had been discussed as early as October, 1994. Mr.
Strong indicated in his letter of August 4, 1995, that the District has
proposed to develop a fifty (50) car parking lot with access from St.
Paschal Drive; trash containers and portable sanitary facilities adjacent to
the parking lot to be completed by late fall or early spring. He requested
the Village prohibit parking on the east side of St. Paschal Drive until their
parking lot is completed. The District further offered to post more
boundary markers around the property and visible information signs
regarding the hours. Village Manager Veitch noted that some of the
markers and signs have been posted. Village Manager Veitch stated, in
speaking with Mr. Strong by telephone earlier, that he had urged the
District to open the Peabody Mansion parking area and provide the
temporary sanitary facility near the Mansion for public access rather than
along St. Paschal Drive. Mr. Strong further indicated regular patrol of the
preserve will be provided, a temporary sanitary facility will be installed on
District property adjacent to St. Paschal's and trash will be picked up on a
regular basis. This would solve the problem for the interim, allowing the
District to build the appropriate facilities by fall.
President Bushy acknowledged Olivia Gow, Forest Preserve
Commissioner from District 2 and Art Strong, Executive Director, Forest
Preserve District of DuPage County, were in attendance of the meeting.
She appreciated their attendance to hear the concerns of the residents
and Village. Ed Merkel, Forest Preserve Commissioner from District 2,
was unable to attend tonight's meeting but requested an update of the
Village's concern and the outcome of this evening's meeting.
President Bushy recommended that both the Peabody Mansion parking
area be opened and a temporary parking lot to remove all parking from
St. Paschal Drive. She requested that the sanitary facilities be located
near the Peabody Mansion rather than the roadside.
Trustee Savino inquired if the Forest Preserve is unable to utilize those
parking areas by the Peabody Mansion, since they have granted licenses
to two organizations. Village Manager Veitch explained that the licensees
rights may be superior to the Forest Preserve, but the licensees may be
persuaded to use their parking facilities on a limited basis until their
organizations are operational.
Comments were heard from the following residents of Trinity Lakes: Ron
Cullum, Suzanne Zakhireh, Roger Rajaram and Robert Willmschen,
President of the Trinity Lakes Homeowners Association. They thanked
the Village and the Forest Preserve in addressing their concerns of
trespassing of private properties, pick up of trash on a regular basis, no
parking on St. Paschal Drive, proper policing of hours, security and the
need for sanitary facilities on Forest Preserve property. President Bushy
VILLAGE OF OAK BROOK Minutes Page 5 of 12 August 8, 1995
stated, if necessary, temporary signs could be posted on Trinity Lakes
affected streets that indicate there is no public access to Forest Preserve
property.
Suzanne Zakhireh inquired if the residents will have a chance to speak on
the types of activities that will be held at the Peabody Mansion. President
Bushy suggested she contact the Forest Preserve who has jurisdiction in
this area.
William Lindeman requested restriction on the east side of St. Paschal
Drive to address people walking across the roadway and allow more time
for the Forest Preserve to provide sufficient parking for the next season.
Art Strong, DuPage County Forest Preserve Executive Director,
addressed the Board that their license agreement with the licensees of the
Friary property allows the District access to their other properties through
their driveways and parking lot. It does not give them authorization to
park, and it would require Atelier's cooperation in requesting a temporary
parking lot. The District is able to open the Peabody Mansion parking lot,
if necessary, as it was excluded with the license agreement. The District
is not ready to open this area due to safety concern of the entry, security
and extensive use of the property. Mr. Strong suggested passing an
ordinance that addresses the east side of St. Paschal Drive now and the
District strive to have a public parking lot available later this fall, weather
permitting, or not until early spring. The new parking lot will be adjacent
to the pond area, and it will serve the east side of the preserve.
Village Manager Veitch clarified, for the record, that the Village had
discussed with the Forest Preserve District last fall of permitting a
temporary parking area up to six months until a permanent facility could
be installed. The Forest Preserve was unable to make that commitment
at that time. President Bushy noted that the District has owned the
property two years, and the Village has been quite patient waiting for this
to be resolved and it must now be addressed.
Trustee Savino indicated St. Paschal Drive is not built for off-road parking
and that parking should be prohibited on both sides. He would be in favor
of a temporary parking lot until a permanent facility could be installed.
Trustee McInerney recommended that no fishing be allowed until the
District is ready for public use.
Motion by Trustee Shumate, seconded by Trustee McInerney, to pass
Ordinance 95-TR-G-561 "An Ordinance Amending the Traffic Regulations
of the Village of Oak Brook, Ordinance G-177, as Amended, to Prohibit
Parking Along St. Paschal Drive", as presented and waive the full reading
thereof. ROLL CALL VOTE:
Ayes: 6 - Trustees Bartecki, Kenny, McInerney, Payovich, Savino
and Shumate.
Nays: 0 - None.
VILLAGE OF OAK BROOK Minutes Page 6 of 12 August 8, 1995
�o
I
1
t
ORDINANCE 95-ZO-V-EX2-S-325
AN ORDINANCE GRANTING A VARIATION
FROM SECTION VI A(7)(a)(2)
OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK
(3400 St. Paschal Drive)
WHEREAS, on June 13, 1995, the Village President and Board of Trustees
passed and approved Ordinance 957ZO-SU-S-809 entitled, "An Ordinance Granting
A Special Use For Educational And Cultural Facility (3400 St. Paschal Drive)
("Original Ordinance") which granted a special use permit pursuant to the
provisions of Section XIII(J) of the Oak Brook Zoning Ordinance for the
property commonly known as 3400 St. Paschal Drive for use as an educational
and cultural facility devoted to the performing arts, music, visual arts and
crafts, subject to certain conditions and restrictions set forth in the
Ordinance, a copy of which is attached as Exhibit A; and
WHEREAS, at the request of the applicants for the Original Ordinance,
this Board has amended the Original Ordinance to include approximately a one-
acre tract at the east end of the special use property to allow for additional
parking; and
WHEREAS, Section VI-A(7) (a) (2) of the Zoning Ordinance of the Village of
Oak Brook requires that no structure may be erected or maintained within 100
feet from the right-of-way line of any street; and
WHEREAS, the applicants for the Original Ordinance have filed an
application for a variation to reduce the required 100 foot setback to ten
feet to allow parking in an area away from the homes of the Trinity Lakes
Subdivision in an area which is generally shielded by vegetation on the north,
east and west sides; and
WHEREAS, a public hearing on such application has been conducted by the
Zoning Board of Appeals of the Village of Oak Brook on July 13, 1995, pursuant
to due and appropriate legal notice, and said Zoning Board has submitted its
report on the subject application to the President and Board of Trustees, and
has recommended the approval of the amendment to the Original Ordinance; and
WHEREAS, the said Zoning Board of Appeals made explicit findings of fact
that the variation requested conforms to the standards set forth in Section
XIII(G) (4) of the said Oak Brook Zoning Ordinance; and
WHEREAS, the President and Board of Trustees have reviewed these
recommendations and concur with the recommendations and deem the passage of
this Ordinance to be in the best interest and furtherance of the general
welfare of the Village of Oak Brook to grant the variation as conditioned
below.
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.
t
• Ordinance 95-ZO-V-EX2-S-825
Granting a Variation From
Section VI-A(7) (a) (2)
3400 St. Paschal Drive
Page 2
Section 2: That the variation is hereby granted from the provisions of
Section VI-A(7) (a) (2) of the Oak Brook Zoning Ordinance, Ordinance G-60, as
amended, to reduce the required 100-foot setback to ten feet to allow parking
not less than ten feet from the St. Paschal Drive right-of-way line subject to
the following conditions and restrictions:
1. That the proposed parking lot be constructed in substantial
conformity with the plans submitted, a copy of which is attached
as Exhibit B, Proposed Parking Plan;
2. That this variation shall automatically terminate if a building
permit for the parking lot has not been issued within two years
from the date of adoption of this ordinance.
Section 3: That this ordinance shall be in full force and effect from
and after passage and approval pursuant to law.
PASSED THIS 8th day of August, 1995.
Ayes: 'trustees Bartecki, Kenny, McInerney, Payovich, Savino and Shumate
Nays: None
Absent: None
Abstain: Nonp
APPROVED THIS 8th day of August, 1995.
Village President
ATTEST:
Villag 0 Clerk
Approved as to Form:
II
Village Attorney
Published
Date Paper
Not Published XX
Applicant: Atelier International
Address: P. 0. Box 1783
Oak Brook, IL 60521
PIN 06-35-100-009
. EXHIBIT A .
95-ZO-SU-S-809
AN ORDINANCE GRANTING A SPECIAL USE
FOR EDUCATIONAL AND CULTURAL FACILITY
(3400 St. Paschal Drive)
WHEREAS, the Forest Preserve District of DuPage County, Illinois,
hereinafter referred to as "District", has the power to acquire and hold lands
for forest preserve purposes pursuant to the provisions of the Downstate
Forest Preserve District Act, 70 ILCS 805/0.001 et seq. ; and
WHEREAS, in July of 1993 the District purchased approximately 89.7 acres
of property commonly known as Mayslake from an Association of Franciscan
Fathers of the State of Illinois; and
WHEREAS, upon the application of the District, the Village has rezoned
the Mayslake property from the 11R-3" (Single-Family Detached Residence
District) to the "CR" (Conservation/Recreation) District pursuant to the
Village's Ordinance 95-ZO-R-EX1-S- 808 ; and
WHEREAS, the Mayslake property includes several large buildings commonly
known as the Peabody Mansion, St. Francis Retreat House, Portiuncula Chapel,
and the St. Paschal Friary; and
WHEREAS, Atelier International is an Illinois not-for-profit corpora-
tion, which was incorporated for the purpose of developing and offering to all
segments of the community, social and cultural programs in the field of music,
dance and visual arts; and
WHEREAS, under Section 7b of the Downstate Forest Preserve District Act,
the District is authorized to issue licenses for any activities reasonably
connected with forest preserve purposes; and
WHEREAS, in 1989, the District's President and Board of Commissioners
passed and approved Ordinance No. 89-274 entitled, "Policy for the Licensing
of District-Owned Buildings"; and
WHEREAS, in June, 1995, the District's President and Board of Commis-
sioners passed and approved Ordinance No. 94-016 entitled, "An Ordinance
Authorizing the Execution of a License Agreement for the Operation of the
St. Paschal Friary located in the Mayslake Forest Preserve" and found in said
ordinance that entering into a license agreement is reasonable, necessary and
in the public interest and welfare and further, that the License Agreement
with Atelier International complies with the requirements of Ordinance No. 89-
274; and
WHEREAS, pursuant to Ordinance No. 94-016, on or about August 1, 1994,
the District's President and Secretary executed a License Agreement with
Atelier International for the restoration, repair, operation and management of
the St. Paschal Friary; and
WHEREAS, Atelier International filed an application for a special use
permit with the Village to use the property commonly known as 3400 St. Paschal
Drive ("special use property") as an educational and cultural facility; and
Ordinance 95-ZO-SU-S-809
Granting A Special Use For An
Educational and Cultural Facility
Page 2
WHEREAS, a public hearing on such application has been conducted by the
Plan Commission of the Village of Oak Brook on April 17, 1995, and said
Commission has submitted its report on the subject application to the Zoning
Board of Appeals and the President and Board of Trustees and has recommended
approval of the issuance of such special use permit, subject to certain
conditions; and
WHEREAS, a public hearing on such application has been conducted by the
Zoning Board of Appeals of the Village of Oak Brook on May 2, 1995, pursuant
to due and appropriate legal notice, and said Commission has submitted its
report on the subject application to President and Board of Trustees and has
recommended the approval of the issuance of such special use permit, subject
to certain conditions; and
WHEREAS, the President and Board of Trustees have reviewed these
recommendations and concur with the recommendations and deem the passage of
this ordinance to be in the best interest and in furtherance of the general
welfare of the Village of Oak Brook;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth
are hereby adopted as though fully set forth herein.
Section 2: That as conditioned below, a Special Use Permit pursuant to
the provisions of Section XIII(J) be and is hereby granted for the property
commonly known as 3400 St. Paschal Drive and legally described below, for use
as an educational and cultural facility devoted to the performing arts, music,
visual arts and crafts:
That part of the Northwest Quarter of Section 35, Township 39 North, Range 11,
East of the Third Principal Meridian, described by commencing at the
intersection of the Northerly right-of-way line of 60-foot wide 35th Street
with the Westerly right-of-way line of F. A. Route 102 (Illinois Route 83) ;
thence North 00 013138" West, on said Westerly line, a distance of 425.0 feet
to the place of beginning; thence South 63 045126" West, a distance of 460.0
feet; thence North 26 014134" West, a distance of 460.0 feet; thence North
63 045126" East, a distance of 545.0 feet; thence North 90 000100" East, a
distance of 117.84 feet to said Westerly line of F. A. Route 102; thence
Southerly, on said Westerly line, being a curve concave to the West with a
radius of 5018.71 feet, an arc distance of 275.03 feet to a point of tangency
in said westerly line; thence South 00°13138" East, a distance of 175.30 feet
to the place of beginning, in DuPage County, Illinois.
Permanent Index No. 06-35-100-009
Section 3: That the Special Use Permit granted in Section 2 is subject
to these further conditions:
1. This special use is limited to Atelier International and the
following sublicensees which have been heretofore approved by the District
which is the owner of the special use property: Vandercook College of Music,
Ordinance 95-ZO-SU-S-809
Granting A Special Use For An
Educaticnal and Cultural Facility
Page 3
Von Heideke School of Ballet; Columbia College; Art Institute of Chicago; Lake
Shore Jazz Ensemble; Northwestern University, and such additional
organizations as shall be approved as sublicensees by the District in the
future, provided that Atelier shall have notified the Village of Oak Brook in
care of the Village Manager, of its intent to request such approval not less
than fourteen (14) days prior to making application to the District.
2. No outdoor performances shall be conducted on the special use
property after 10:00 p.m. or before 9:00 a.m. on any day.
3. Noise coming from the special use property shall be subject to the
performance standards set forth below:
At no point on or beyond the westerly boundary line of
the special use property shall the sound pressure
level of any performance or operation coming from the
special use property (other than background noises
produced by sources not under control of Atelier
International and/or its approved sublicensees, such
as operation of motor vehicles or other transportation
facilities) exceed the decibel limits in the table
below:
Octave Band Maximum Permitted Sound
Level in Decibels
. Frequency in
Cycles Per Second
20 to 75 72
75 to 150 67
150 to 300 59
300 to 600 52
600 to 1,200 46
1,200 to 2,400 40
2,400 to 4,800 34
Above 4,800 32
Sound levels shall be measured with a sound level
meter and associated octave band filter manufactured
according to standards prescribed by the American
Standards Association. Measurements shall be made
using the flat network of the sound level meter.
Impulsive type noises shall be subject to the
limitations set forth below, provided that such noises
shall be capable of being accurately measured and for
the purpose of this special use permit, shall be those
noises which cause rapid fluctuations of the needle of
the sound level meter with a variation of no more than
plus or minus two decibels. Noises incapable of being
so measured, such as those of an irregular and
intermittent nature, shall be controlled so as not to
become a nuisance to adjacent uses.
Ordinance 95-ZO-SU-S-809
Granting A Special Use For An
Educational and Cultural Facility
Page 4
4. In the event that there are more than two incidents involving the
offense of disorderly conduct occurring at the special use property in any
twelve-month period, . this special use permit shall be subject to revocation
upon notice and hearing. The offense of disorderly conduct is presently set
forth in Section 9-19 of the Oak Brook Code of Ordinances, as may be amended
from time to time.
5. The residential area for students and artists at the special use
property shall be limited to the north wing of the third floor of the so-
called friary building (see attached floor plan) and shall include Rooms C5-
C8; C11-C14; C27-C30; C31-C34, and common areas C10, C16, C17, C20 and C26.
Occupancy in this residential area shall not exceed 26.
6. Living areas for resident guards, caretakers, and/or maintenance
personnel shall be limited to the first floor of the so-called friary (see
attached floor plan) and shall include only Rooms A37-A40 and A67-A72.
Maximum capacity for resident guards, caretakers, and/or maintenance personnel
and their immediate family shall not exceed six (6) persons.
7. Parking shall be provided at the special use property per the
requirements of the Zoning Ordinance for all applicable uses and may be
constructed as the actual use of the special use property develops, provided
that not less than forty-four (44) spaces shall be provided at the time
Atelier International commences its operations.
8. Any utilities constructed on the special use property shall be
placed underground.
9. The special use shall automatically terminate if a certificate of
occupancy for the so-called friary has not been issued within two (2) years
from the date of adoption of this ordinance.
10. In the event that one or more of the above conditions, including the
conditions set forth in Section 2 are not met, the Village Manager shall
promptly initiate enforcement action, including, but not limited to revocation
proceedings, as may be warranted under the circumstances.
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 June, 1995.
Ayes: Trustees Bartecki, Kenny, Payovich, Savino and Shumate
Nays: None
Absent: Trustee McInerney
Abstain: None
Ordinance 95-ZO-SU-5-809
Granting A Special Use For An
Educational and Cultural Facility
Page 5
APPROVED THIS 13th day of June, 1995.
\` it age President
ATTEST: ••
Vij:-lag4i Clerk_
Approved as to Form: .
Village Attorney
Published
Date Paper
Not Published XX
atelier.ord
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95-ZO-SU-EXI-S-824
AN ORDINANCE AMENDING AN ORDINANCE GRANTING A SPECIAL USE
FOR EDUCATIONAL AND CULTURAL FACILITY
(3400 St. Paschal Drive)
WHEREAS, on June 13, 1995, the Village President and Board of Trustees
passed and approved Ordinance 95-ZO-SU-S-809 entitled, "An Ordinance Granting
A Special Use For Educational And Cultural Facility (3400 St. Paschal Drive)",
("Original Ordinance") which granted a special use permit pursuant to the
provisions of Section XIII(J) of the Oak Brook Zoning Ordinance for the
property commonly known as 3400 St. Paschal Drive for use as an educational
and cultural facility devoted to the performing arts, music, visual arts and
crafts, subject to certain conditions and restrictions set forth in the
Ordinance, a copy of which is attached as Exhibit A; and
WHEREAS, the legal description of the property subject to the special
use permit is set forth in Section 2 of the Original Ordinance; and
WHEREAS, in considering the Original Ordinance, the Village Board
discussed the need for additional parking away from homes in the Trinity Lakes
Subdivision; and
WHEREAS, the applicants in the Original Ordinance have applied for an
amendment to the Original Ordinance which would increase the area of the
property subject to the special use permit by approximately one acre at the
east side of the special use property; and
WHEREAS, a public hearing on such application for amendment to the
Original Ordinance has, been conducted by the Plan Commission of the Village of
Oak Brook on June 19, 1995, and said Commission has submitted its report on
the subject application to the Zoning Board of Appeals and the President and
Board of Trustees, and has recommended approval of the amendment to the
Original Ordinance, and
WHEREAS, a public hearing on such application has been conducted by the
Zoning Board of Appeals of the Village of Oak Brook on July 13, 1995, pursuant
to due and appropriate legal notice, and said Zoning Board has submitted its
report on the subject application to the President and Board of Trustees, and
has recommended the approval of the amendment to the Original Ordinance; and
WHEREAS, the President and Board of Trustees have reviewed these
recommendations and concur with the recommendations and deem the passage of
this Ordinance to be in the best interest and furtherance of the general
welfare of the Village of Oak Brook;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth
are hereby adopted as though fully set forth herein.
Section 2: That Section 2 of the Original Ordinance is amended to state
Ordinance 95-ZO-SU-EX1-S-824
Amending a Special Use for an Educational
and Cultural Facility, Page 2
as follows:
"Section 2: That as conditioned below, a special use permit
pursuant to the provisions of Section XIII(J) be and is hereby
granted for the property commonly known as 3400 St. Paschal Drive
and legally described below, for use as an educational and
cultural facility devoted to the performing arts, music, visual
arts and crafts:
LEGAL DESCRIPTION
That part of the Northwest Quarter of Section 35, Township 39
North, Range 11, East of the Third Principal Meridian, described
by commencing at the intersection of the Northerly right-of-way
line of 60-foot wide 35th Street with the Westerly right-of-way
line of F. A. Route 102 (Illinois Route 83); thence North
00 013138" West, on said Westerly line, a distance of 228.0 feet to
the place of beginning; thence South 90°00,00" West, a distance of
415.0 feet; thence North 26 014134" West, a distance of 460.0 feet;
thence North 63 045126" East, a distance of 545.0 feet; thence
North 90°00100" East, a distance of 117.84 feet to said Westerly
line of F. A. Route 102; thence Southerly, on said Westerly line,
being a curve concave to the West with a radius of 5018.71 feet,
an arc distance of 275.03 feet to a point of tangency in said
Westerly line; thence South 00°13138" East, a distance of 372.0
feet to the place of beginning, in DuPage County, Illinois.
Permanent Index No. 06-35-100-009
Section 3: That except for the amendment to the legal description in
Section 2 of the Original Ordinance, all other provisions of the Original
Ordinance, including, but not limited to the conditions set forth in Section 3
of the Original Ordinance are and remain in full force and effect.
Section 4: That the conditions set forth in Section 3 of the Original
Ordinance are applicable to the entire property as described in the aforesaid
legal description.
Section 5: That this ordinance shall be in full force and effect from
-and after passage and approval pursuant to law.
PASSED THIS 8th day of August, 1995.
Ayes: Trustees Bartecki, Kenny, McInerney, Payovich, Savino and Shumate
Nays: None
Absent: Non
Abstain: Nona
Ordinance 95-ZO-SU-EXi-5-824
Amending a Special Use for an Educational
and Cultural Facility, Page 3
APPROVED THIS 8th day of August, 1995.
Village President
ATTEST:
Nfil"llagle Clerk
'Approved as to Form:
Village Attorney
Published
Date Paper
Not Published XX
atelier.ord
r
•
ATELIER INTERNATIONAL
INDEX
PAGE CONTENTS
16 Informational Memo from Hawk to Board of Trustees dated
7119195
15-15a Recommendation Memo from Zoning Board of Appeals
Chairman to Board of Trustees dated 7118195
14-14a Zoning Board of Appeals Meeting Minutes dated 7113195
13 Letter from Plan Commission Chairman to Zoning Board of
Appeals and Board of Trustees dated 6130195
12 Letter from Gooder re: Approval from Board of Commissioners
11-11a Plan Commission Meeting Minutes dated 6119195
10-10a Informational Memo to Plan Commission and Zoning Board of
Appeals from Hawk dated 6114195
9 Forest Preserve District of DuPage County approval of Atelier's
petition requests dated 618195
8 Resident Letter dated 6114195
7 Certificate of Publication dated 6115195
6 Letter to Attorney re: meeting dates
5 Board of Trustees Referral meeting minutes dated 6113195 (not
yet included)
4-4a Waiver of Fees Memo to Board of Trustees from Hawk dated
6/5/95
3 Referral Memo to Board of Trustees from Hawk dated 615195
2-2c Variations -Zoning Ordinance -Section X111, (G) (1-6) (pgs 966-
969)
1-1 a Amendments - Zoning Ordinance - Section Xlll, 1 (1-5) (pgs.
970-971)
A-A4 Application/Petition w/Legal Description
B-B 1 List of Surrounding Property Owners
C-C 1 Letter from Dave Gooder to Plan Commission re: Special Use
Amendment
D-D2 Letter from Dave Gooder to Zoning Board of Appeals re:
Special Use Amendment and Variation
E-E4 Application Transmittal Letters
F Site Plan
G Map Showing Adjacent Zoning
H Proposed Parking Plan
1 Plat of Survey - (not Included - Official File Only)
r ,
�OE OF Oqk 6
40
O�
ouNty
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990-3000
MEMO
July 19, 1995
TO: President Busy and Board of Trustees
FROM. Tom Ha
SUBJECT.- Atelier International-3400 St Paschal Drive -Amend Special Use and
Parkin Setback Variation
Both the Plan Commission and Zoning Board of Appeals have held Me required hearings regarding this proposal.
The Plan Commission has recommended approval of the Special Use Amendment by a vote of 6 to 0;and the
Zoning Board of Appeals has recommended approval of both the Special Use and the Variation by a vote of 5
to 0.
Their has been no public comment regarding either of these issues.
The Special Use amendment, if approved, will rectify an oversight of the original Special Use proceeding where
the legal land area description used within the legal notice did not include all of the area under consideration.
The variation to reduce the parking area setback from 100 feet to 10 feet will allow the parking area to be
constructed at the maximum distance from the residential properties on St Stephens Green. The existing very
dense evergreens along St Paschal Drive will effectively screen the parking area from view.
If it is your wish to move toward approval of these requests,it would be appropriate to do so by voice motion with
the authorization to Attorney Martens to draft the necessary ordinance for acpon at your meeting of August 8,
1995.
TRH/gp
CC.' Petitioner
Petition files
l6
I
FO
Oa,O wK•
G O
0UN'104
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
703 990- 3000
July 18, 1995
President Bushy and Board of Trustees
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60521
RE: Atelier International-3400 St Paschal Drive -Amend Special Use and Parking Setback Variation
Dear Madam President and Board of Trustees:
The Zoning Board of Appeals, at their meeting of July 13, 1995, held the required public hearing regarding
the petitioner's request for an amendment to the legally defined area covered by their Special Use and for
a variation to the parking area setback requirement.
There was no public testimony regarding either of the proposals.
Special Use Amendment
It was explained that while the original Special Use procedure included the area under consideration, the legal
description used in the legal notice did not include this area. The petition intends to rectify this oversight and
include this area in the legal description covered by the Special Use in Ordinance S-809. The petition seeks
to add approximately one acre.
A motion recommending approval of an amendment to Ordinance S-809 was passed by a vote of 5 to 0.
Variado n
The petitioner explained that to construct the parking area as planned would require the reduction in the
parking setback from 100 feet to 10 feet from the St. Paschal Drive lot line.
The existing very dense evergreen frees along St.Paschal Drive will very effectively screen this parking area.
July 18, 1995
President Bushy and Board of Trustees
RE: Atelier International
Page Two
Also, the parking area could be constructed per the code;however, this would move the area considerably
closer to the residential properties along St Stephens Green and be more visible from these properties. The
parking area, as planned, is screened considerably from view from the west by the buildings on the site.
A motion recommending approval was passed by a vote of 5 to 0.
Respectfully submitted,
Champ Davis
Chairman
Zoning Board of Appeals
cc: Petition Files
NOTE: Chairman Davis has reviewed and verbally approved the content of this
letter. The signed original will be placed in the official file upon receipt.
• i
3. The petitioner will provide the Village with a letter of intent regarding landscape
maintenance including the natural wooded area at the northeast comer of the site.
ROLL CALL VOTE: Ayes: 5 - Ascher, Hasen, Shah, Vescovi, and Davis.
Nays: 0 - None.
Absent: 2 - Aldini, Dosedlo. Motion carried.
Member Hasen moved, seconded by Member Vescovi, to recommend approval of the requested Text
Amendment to reduce the required parking for furniture stores by amending Section XI, (E)(1 2)(d) as
follows:
Amend Subsection (5) to read as follows:
"(5) Furniture stores - one parking space for every 400 square feet of floor area or part
thereof."
Add a new Subsection (6) to read as follows:
"(6) Appliance stores, motor vehicle sales establishments and establishments for repair of
household equipment and furniture - One parking space for every 200 square feet of
floor area or part thereof."
Renumber existing Subsections (6) through (14) to (7) through (15).
ROLL CALL VOTE: Ayes: 5 - Ascher, Hasen, Shah, Vescovi, and Davis.
Nays: 0 - None.
Absent: 2 - Aidini, Dosedlo. Motion carried.
VI. ATELIER INTERNATIONAL-3400 ST PASCHAL DRIVE -AMEND SPECIAL USE AND PARKING
SETBACK VARIATION.
Gooder identified himself as attorney for Atelier International. He briefly reviewed for the Board the
original rezoning and special use approved for the property. During the review before the Board of
Trustees they discussed the need for additional parking. The area suggested by the Board was away
from the Trinity Lakes homes and had not been covered in the legal publication. The request is not
only to approve an amendment to the Special Use, but a Variation in the setback. They are now
requesting that the Special Use granted be amended to include the parking area.
Ron Reusch, reviewed the area in question. The change in parking area will reduce the parking setback
from St. Paschal Drive to ten feet. The area is so well screened by the existing vegetation that there
will be almost no visibility from the north, east, or west and very little visibility from the south.
Gooder said that parking was needed to accommodate the programs as they grow and for the summer
programs that increase the student population almost threefold. They must have adequate parking to
meet the code requirements for the number of people that will be on the site at any one time.
No one in the audience spoke in favor of or in opposition to the proposals.
ZONING BOARD OF APPEALS Minutes July 13, 1995
7 ��
Gooder reviewed the standards for the variation request. The property cannot provide the necessary
parking area in a location which minimizes the visibility from adjacent homes. The circumstances are
the result of the location of the existing building and existing homes. The variation will not alter the
essential character of the locality. The location of the existing building and location of the property
will make it impossible to use the buildings properly without intrusion of the view from nearby homes
unless the variation is granted. 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
located. The alleged difficulty or hardship has not been created by any person presently having an
interest in the property.
Chairman Davis said that basically they were changing the legal description of the Special Use to add
one acre. If the variation request is not granted, the parking area will be moved closer to and be more
visible from the Trinity Lakes property owners.
Member Shah moved, seconded by Member Hasen, that based on the petitioner having met the
required standards for a Special Use, to recommend for approval to the Board of Trustees to amend
the Special Use approved by Village Ordinance on June 13, 1995, to expand the land area included in
such special use, which is described in Exhibit "B" hereto, by adding thereto the property described in
Exhibit "C."
ROLL CALL VOTE: Ayes: 5 - Ascher, Hasen, Shah, Vescovi, and Davis.
Nays: 0 - None.
Absent: 2 - Aldini, Dosedlo. Motion carried.
Member Shah moved, seconded by Member Vescovi,to recommend for approval the requested Parking
Setback Variation as requested from one hundred (100) feet to ten (10)feet shown on the attached plan
based on the variation standards having been met.
ROLL CALL VOTE: Ayes: 5 - Ascher, Hasen, Shah, Vescovi, and Davis.
Nays: 0 - None.
Absent: 2 - Aldini, Dosedlo. Motion carried.
VII. ADJOURNMENT
Member Shah moved, seconded by Member Hasen to adjourn the meeting.
VOICE VOTE: All in favor. Motion carried.
Meeting was adjourned at 10:48 p.m.
Director of Code Enforcement
Secretary
t
Date Approved
ZONING BOARD OF APPEALS Minutes July 13, 1995
�yy f,
• O�OF OAAr •
9
e
�COUNty'�
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990-3000
June 30, 1995
President Bushy and Board of Trustees
Zoning Board of Appeals
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60521
RE: Atelier International-3400 St. Paschal Drive -Amend Special Use and
Parking Setback Variation
Dear Madam President, Board of Trustees, and Zoning Board of Appeals:
At their regular meeting of June 19, 1995 the Plan Commission reviewed the Atelier petition for expansion of the
Special Use legally described area.
The original petition for the Atelier Special Use received a recommendation for approval by the Plan Commission.
However, due to an oversight, the legally described area did not include all of the land required for the parking
area. The discussion at that time did include the entire parking areas that this petition seeks to add to the Special
Use area.
There was no public opposition to the proposal.
By a vote of 6 to 0 a motion was passed recommending approval of the Special Use Amendment to incorporate
the correct legally described area.
Respectfully submitted,
Stelios Aktipis
Chairman
Plan Commission
cc: Petition files
NOTE. Chairman Aktipis has reviewed and verbally approved the content of this letter. The signed
original will be placed in the official file upon receipt
•
LORD, BISSELL & BROOK
115 SOUTH LA SALLE STREET
CHICAGO, ILLINOIS 60603 LOS ANGELES OFFICE
300 SOUTH GRAND AVENUE,SUITE 3900
(312) 443-0700 LOS ANGELES,CALIFORNIA 90071.3200
(213)485-1500
CABLE: LOWIRCO CGO TELEX:18-1135
TELEX: 25-3070 TELECOPY:(213)405-1200
TELECOPY: (312) 443-0570 ATLANTA OFFICE
1100 Jorie Boulevard ONE ATLANTIC CENTER
1201 W. PEACHTREE STREET,SUITE 3700
Suite 243 ATLANTA,GEORGIA 30309
14041 870-4600
708/990-0561 Oak Brook IL 60521 TELEX: 54-3707
� TELECO PY:14041 872-5547
LONDON OFFICE
LLOYD'S,SUITE 995
I L ME STREET
LONDON EC3M 7DO ENGLAND
071-327.4534
TELECOPY 071-929-2250
June 28, 1995
Village of Oak Brook ZfIECEIVED 1200 Oak Brook Road
Oak Brook, IL 60521 z 9
Att'n: Thomas Hawk
Director of Code Enforcement OAK/z NING
Re : Application of Atelier International
for a Special Use Amendment and a
Zoning Variation for the former
Franciscan Brothers Friary on St.
Paschal Drive
Dear Tom:
This is to report that the Board of Commissioners of
the Forest Preserve District of DuPage County at its meeting
on Tuesday, June 20, 1995, approved the request of Atelier
International to amend its license agreement to add the requested
approximately one acre immediately south of the original licensed
site. The legal description of the added parcel is attached to
Atelier's Application for an amendment to the Special Use as
Exhibit C.
S cere1 yours,
David M. Gooder
DMG:pg
cc A. Ertas
R. Mork
f ,
4. That const0ion and development of the subject perty shall commence no later
than two (2) years from the date of approval and shall be completed within three
(3) years.
5. The side and rear yard landscaping that is adjacent to parking areas calls for five
(5) foot high screening.
6. The unused wooded area to the east side of the site shall be maintained as a
finished area.
7. The same architectural specifications shall be followed for all sides of the structure.
8. The term "furniture store" shall be defined to exclude predominant sales of
appliances and electronic equipment.
9. A signage plan will be developed for approval. Similar signage conditions to those
developed for the Illinois State Toll Highway Authority site are suggested.
ROLL CALL VOTE: Ayes: 6 - Dudek, Goel, Mueller, Pequet, Tappin, and Aktipis.
Nays: 0 - None.
Absent: 0 - Motion carried.
Member Tappin moved, seconded by Member Dudek,to recommend approval of the requested Text
Amendment to reduce the required parking for furniture stores, Section XI, (E)(12)(d), amend
Subsection (5) to read as follows:
"(5) Furniture stores - one parking space for every 400 square feet of floor area or part
thereof."
Add a new Subsection (6) to read as follows:
"(6) Appliance stores, motor vehicles sales establishments for repair of household
equipment and furniture - one parking space for every 200 square feet of floor area
or part thereof."
Renumber existing Subsections (6) through (14) to (7) through (15).
ROLL CALL VOTE: Ayes: 5 - Dudek, Mueller, Pequet, Tappin, and Aktipis.
Nays: 0 - None.
Abstain: 1 - Goel.
Absent: 0 - Motion carried.
DRAFT
IV. ATELIER INTERNATIONAL - 3400 ST PASCHAL DRIVE - AMEND SPECIAL USE AND
PARKING SETBACK VARIATION.
Gooder identified himself as attorney for Atelier International. He briefly reviewed for the Board
the original rezoning and special use approved for the petitioner. During the review before the
Board of Trustees they discussed the need for additional parking. The area suggested by the Board
PLAN COMMISSION Minutes June 19, 1995
Al F
was away from the Trinity Lakes homes and had not been covered in the legal publication. Hawk
advised that any action would require proper publication and notification. They are now requesting
that the Special Use granted be amended to include the parking area.
Gooder reported that Art Strong of the Forest Preserve District of DuPage County said that the
Executive Committee had approved the amendment to the license agreement to expand the licensed
premises to include the parking area. It will be going to the Full Commission in session on June
20, 1995.
Ron Reusch, said that the reason for the parking addition is to accommodate additional changes
to the program as they grow. They must have adequate parking to meet the code requirements for
the number of people that will be on the site at any one time. The change in parking area will
reduce the parking setback at one area from St. Paschals Drive to ten feet.
Gooder said that the request is not only to approve an amendment to the Special Use, but a
Variation in the setback that will be heard by the Zoning Board of Appeals.
Aktipis said that this issue before the Plan Commission is a technical correction because everything
has already been approved.
Tappin questioned the runoff from the parking lot. Hawk said that stormwater management will
apply as it would on any other new parking lot. Tappin questioned the turn around area for
emergency vehicles. Hawk said that the existing pavement will be left as is, and isles will be
adequate in width for emergency vehicle access.
Member Mueller moved, seconded by Member Tappin, to recommend for approval to amend the
Special Use approved by Village Ordinance on June 13, 1995, to expand the land area included in
such special use, which is described in Exhibit"B" hereto, by adding thereto the property described
in Exhibit "C."
ROLL CALL VOTE: Ayes: 6 - Dudek, Goel, Mueller, Pequet, Tappin, and Aktipis.
Nays: 0 - None.
Absent: 0 - Motion carried.
V. ADJOURNMENT
Member Tappin moved, seconded by Member Mueller to adjourn.
VOICE VOTE: All in Favor. Motion carried.
Meeting was adjourned at 10:08 p.m.
Director of Code Enforcement
Secretary
Date Approved
PLAN COMMISSION Minutes June 19, 1995
O'S OF OAA,
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VI LLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
MEMO 0 990- 3000
June 15, 1995
TO: Plan Commission and Zoning Board of Appeals
FROM. Tom Hawk
SUBJECT. Atelier International-3400 St Paschal Drive
Amend Special Use - Ledally Described Area
Variation - Parking Setback from St. Paschal Drive.
This petition is seeking to accomplish the following:
1. To revise the land area legal description as approved by Ordinance S- 809 June 13, 1995
to include the additional land area required by the parking lots.
2. To be granted a variation to allow a parking setback of ten feet from the lot line along St.
Paschal Drive instead of the one hundred-foot setback required by Section VI-A (7)(a)(2) of
the Conservation/Recreation District provisions of the Village Zoning Ordinance.
Both the Plan Commission and Zoning Board of Appeals are responsible for recommendations regarding the
Special Use Amendment. The Zoning Board of Appeals also has the responsibility to make a
recommendation regarding the Variation request.
&ecial Use Amendment
The area covered by the original Special Use request did not initially include all of the area necessary to
provide for required parking. Early in the process, this problem was recognized and the hearings to date
were considering the entire needed area. However, the original legal notice was based on the incorrect area.
In order to correct this situation, it is necessary to republish the legal notice with the corrected legal
description and to hold a second set of hearings.
/D.
June 15, 1995
Plan Commission and Zoning Board of Appeals
RE. Atelier International
Page Two
Variation - Parking Setback from St. Paschal Drive Lot Line
After the initial Zoning Board of Appeals public hearing and prior to the Board of Trustees approval, it was
determined that the planned parking lot layout would have to be revised to meet the setback requirement from
St. Paschal Drive (one hundred feet).
Since this would necessarily move the parking areas closer to the residential properties on St. Stephens
Green, the Board suggested that this might be an appropriate variation situation to leave the parking where
it.is currently proposed.
The petitioner is requesting a variation to reduce the parking setback on St. Paschal Drive from one hundred
feet to ten feet.
The presently planned parking lot is approximately four hundred feet from the residential properties and for
the most part is screened from view from the residences by buildings. To comply with the one hundred-foot
setback requirement would require some of the parking to be relocated approximately one hundred feet closer
to the residential properties.
With respect to the required landscape screening along parking lots adjacent to streets, there is an existing
very dense row of ten to fifteen foot evergreens along the St. Paschal Drive lot line.
Actions Requested
Plan Commission: A recommendation to the Zoning Board of Appeals and to Board of
Trustees regarding the Special Use Amendment is called for by the
Ordinance.
Zoning Board of Appeals: A recommendation to the Board of Trustees for both the Special Use
Amendment and the Variation request is called for by the Ordinance.
TRH/gp
/D�
June 8, 1995 JUN 1 2 >' n
Karen Bushy
VILLAGE OF OAK BRO
- President ADMINISTRA
Village of Oak Brook
' - 1200 Oak Brook Road
Oak Brook, IL 60521-2255
Dear President Bushy:
The Forest Preserve District of DuPage County is currently in the process
of amending its Mayslake license agreement with Atelier International to
expand their property lines to the south. This expansion will allow them to
develop a parking lot in compliance with the Village of Oak Brook Special
Use Permit Parking requirements.
•� I am also in support of the lot line variance being requested by Atelier
International which will permit them to build closer to their building on St.
Paschal Drive. As part of your consideration for the variance request,
please consider allowing a bicycle/multi-purpose path to be placed in the
right-of-way or just inside of the District's property. I do not know at this
time if this will be the desired location of a path but the option needs to be
I: •f ,O f f kept open.
Thank you for your consideration.
Sincerely,
Franz A
Executive Director
cc: David Gooder - Lord, Bissell & Brook
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11100UNS�'`
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990- 3000
June 14, 1995
Dear Resident:
The Oak Brook Plan Commission,Zoning Board of Appeals, and the Village Board will be considering a Special
Use Amendment and a Zoning Ordinance Variation at the meetings as scheduled on the reverse side of this
notice.
The application has been filed by: Atelier International
3400 St Paschal Drive, P.O. Box 1783
Oak Brook, IL 60521
Relationship of applicant to property: Licensee
Property Owner: Forest Preserve District of DuPage County
The property in question is located at 3400 St Paschal 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:
1. To amend the existing Special Use to amend the legal description to incorporate the entire
licensed area.
2. To grant a variation to reduce the parking setback along St. Paschal Drive to ten feet which will allow the
parking area to be as remote as possible from the residential properties west of the site.
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,
Thomas R. Hawk
Director of Code Enforcement
TRH/gp
In accord with the provisions of the American with Disabilities Act, any individual who is in need of a reasonable
accommodation in order to participate in or benefd from attendance at the public meeting should contact Thomas
Hawk, the Village's ADA Coordinator, at 7081990-3045 as soon as possible before the meeting date.
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 . . . . . . . . . 7:30 p.m., Monday, June 19, 1995
Zoning Board of Appeals. . . . 7:30 p.m., Thursday, July 13, 1995
Board of Trustees Meeting. . . 7:30 p.m., Tuesday, July 25, 1995'°
"tentative
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relationship to the property.
e °
PublicHeari C. ERTIFICATE OF PUBLICATION
�1Q
X.NOTICE IS HEREBY GIVEN that g public hean'ng before the Paddock 1'
Zankw Board of Appeals of the village of Oak Brook DuPage and. r$(if�OCit PlIbI1CAt1OI1S� Inc.
Cook bounties,Illinois,will be held on July I 1995 at 7:30 p.m.in
N�bosOsak Brook Villlnaggge,Ha�ll,1200 Oak Brooi Road,Illinois,for the pu`.
P easohelDrive OakBrook;IL 0027 oraneamendmeentttootie3e4xiisstinng
li a ord ni =oft he Vi large of Oaks ookeillinnoo�ss,,llOid nano •
G-80 as amended. a Daily Herald`alue s
"�'Ite petitioner is seeking:
1.To amend the existing Special Use's legally described area to
incorporate the entire licensed area.
2.A Variation to the following Saction of the Zoning Ordinance is
req<rested:A variation from the provisions of Section VI-A(7)(a)(21 to
permit a parking area setback from a street to ten feet insstf2 of[he
1 oo feet specified for CR District. ration organized and existing under and b virtue of the laws of the
This proposal is also being reviewed by the Plan Commission at g b Y
their meeting of June 19,1995 at the same location.
The property may be enerelly described as 3400 St.Paschal Drive. Illinois, DOES HEREBY CERTIFY that it is the publisher of
Southwest Comer of gak Brook Road and Route 83 bordering the
east side of the Trinity Lakes Subdivision,Oak Brook,Illinois,and the HERALD. That said DAILY HERALD is a secular newspaper
=description is as follows:
Ews.ng legally described area:
That part of the northwest quarter of Section 35,Township 39 been P y ublished daily in the Village of
North,Range i t,East of the Third Princi Meridian described by
commer>cing at the intersection o he northerly right o{way line of 80
foot wide 35th Street with the westerly right of way line of F.A.Route Oak Brook County(ies) of
102(Illinois Route 83);thence north 00 aagrees 13 minutes 38 sec-
onds west,on said westerly line,a distance of 425.0 feet to the place
of beginning;thence south 63 degrees 45 minutes 26 seconds west, Du Page and State of Illinois,
a distance of 460.0 feet;thence north 26 degrees 14 minutes 34 sec-
onds west,a distance of 460.0 feet;thence north 63 degrees 45 min-
utes 26 seconds east,a distance of 545.0 feet;theme north 90 de- isly for more than one year prior to the date of the first publication
grew f)0 minutes 00 seconds east,a distance of 117.84 feet to said
westerly line of F.A.Route 102;thence southerly on said westeri
line,bung a curve concave to the west with a radius of 5018.71 leer Lice hereinafter referred to and is of general circulation throughout
an arc distance of 275.03 feet to a point of tangency io said westerly
line;thence south 00 degrees 13 minutes 36 seconds east,a
tance of 175.30 feet to the place of beginning,in Du Page County,Illi- age, County(ies) and State.
nots.
Proposed addition to the legally described area:
That part of the northwest quarter of Section 35,Township 39
North,Range 11,East of the Third Principal Meridian,described b
commencing at the intersection of the northerly right of wa line of 6� certify that DAILY HERALD is a newspaper as defined in "an
foot wide 35th Street with the wasted yy right of wayy line of F.A.Route
102(Illinois Route 83);thence north 00 degrees 13 minutes 38 sec-
ortdswest,on said westerly line,a distance of 228.0 feet to the place vise the law in relation to notices" as amended in 1992 Illinois
of beginning;thence south 90 degrees 00 minutes 00 seconds west,
a distance of 415.0 feet;thence north 63 degrees 45 minutes 26 sec-
onds east,a distance of 460.0 feet;thence south 0 degrees 13 min-
utes 38 seconds east,a distance of 197.0 feet to the place of begin- > > >
ning,in Du Pa a County,Illinois.
Proposed combined legally described area:
That part of the northwest quarter of Section 35,Township 39
North,Range 11,East of the Third Principal Meridian,described by
commencing at the intersection of the northerly right of way line of 60 otice of which the annexed printed slip is a true copy, was
foot wide 351h Street with the westerly n ht of way line of F.A.Route
102(Illinois Route 83);thence north 00 negrees 13 minutes 38 sec-
onds west,on said westerly line,a distance of 228.0 feet to the place June 15, 1995
of beginning;thence south 90 degrees 00 minutes 00 seconds west,
e distance of 415.0 feet;thence north 26 degrees 14 minutes 34 all
onds west,a distance of 460.0 feet;thence north 63 degrees 45 min- AILY HERALD.
utes 26 seconds east,a distance of 545.0 feet;thence north 90 de-
lgrees 00 minutes 00 seconds east,a distance of 117.84 feet to said
westerly line of F.A.Route 102;thence southerly,on said westerly
line,being a curve concave to the west with a radius of 5018.71 feet
anarcdis nee of 275.03 feet to a point of tangency in said westerly
=nee south 00 degrees 13 minutes 36 seconds east,a die- NESS WHEREOF, the undersigned, the said PADDOCK
fence of 372.0 feet to the place of beginning,in Du Page County,!lli-
PPermanent Index Number. part of 06-27-103-012 .and ATIONS, Inc., has caused this certificate to be signed by
06-27-103.013
All persons desiring to be heard in support of or in opposition to
the proposed Sp-let Use Amendment and Variation or any pro%- FLANDERS, its Treasurer, at Arlington Heights, Illinois.
sion thereof,will be afforded an opportunity to do so and may submit
their statements orally or in writing or both.The hearing may be re-.
ceased to another date if notice of time and place thereof is publicly
announced at the hearing or is given by newspaper publication not
less than five(5)days prior to the date ol`U recessed hearing.
In accord with the provisions of the American with Disabilities
Act,any individual who is in need of a reasonable accommodation in
order to participate in or benefit from attendance at this public meet,'
ing should contact Thomas Hawk,the Village's ADA Coordinator,as PADDOCK PUBLICATIONS, INC.
soon as possible before the meeting date.
The petitioner's application is on file with the Village Clerk and
with the Director of Code Enforcement.Persons wishing to examine; DAILY HERALD NEWSPAPERS
8:r tition documents may arrange to do so with the Director of
Enforcement,Thomas Hawk,-Village of Oak Brook,1212 Oak
Brook Road,Oak Brook,IL 600 NDA llGONone 708-990-3045.
Village Clerk
Published at the direction of the Corporate Authorities and the
Zoning Board of Appeals of the Village of Oak Brook,DuPage and
Cook Counties.Illinois.
Published in Lombard-Villa Park-Oak Brook-Oakbrook Ter-
race HeraldJune 15,1995.(152294) D BY�Y"Z2 &4e"�
Assis t Treasurer
i •
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O�COUN-0 �v
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990- 3000
June 15, 1995
Mr. David Gooder
Lord, Bissell& Brook
1100 Jorie Blvd, Suite 243
Oak Brook, IL 60521
RE. Atelier International-
Amend Special Use and Parking Setback Variation -3400 St. Paschal Drive
Dear Dave:
Enclosed you will find a copy of the referral memo approved by the Board of Trustees. The applicant is
required to appear at the Plan Commission meeting on June 19, 1995 and for public hearing at the Zoning
Board of Appeals meeting scheduled for July 13, 1995.
If you have any questions, please call.
Sincerely,
Thomas R. Hawk
Director of Code Enforcement
TRH/gp
Attachment
cc: Petition File
O�OF OqK 9
4
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G p
9p�COUNt1f'yy
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990-3000
MEMO
June 5, 1995
TO: President Bu h and Board of Trustees
FROM: Tom Haw
SUBJECT. Waiver of Fees
Atelier International-3400 St.Paschal Drive-Special Use Amendment and Parking Setback
Variation
Please see the attached letters. Atelier is requesting a waiver of the filing fee for the Special Use
Amendment and the Variation request less the out-of-pocket expenses to the Village.
Attached is a copy of the Ordinance provision that allows waiver of this fee. The fee amount for the petitions
is$950.00. The direct expenses anticipated will be for the publication of the legal notice and the mailing cost
for neighboring property owner notification. These expenses are estimated to be less than$300.00.
The Board has previously approved requests of this type and also approved the same request by the Forest
Preserve District of DuPage County and Atelier International regarding the rezoning of the Mayslake property
and the Atelier Special Use.
If you wish to approve this request, it may be done by voice motion with any conditions that you wish to
impose.
TRH/gp
Attachments
I
0 •
The following is excerpted from Chapter 5 - Section 5-7 of Building and Building Regulations
of the Oak Brook Code.
Certain entities permitted to request waiver. Any governmental unit or any charitable
organization,as defined in"An Act to Regulate Solicitation and Collection of Funds For Charitable
Purposes,Providing for Violations Thereof and Making an Appropriation Therefor," Chapter 23,
Illinois Revised Statutes, 1977, Sections 5101 et sequitur, may request a waiver of any fees
imposed pursuant to the terms of this section. Upon such requests,the president and the board of
trustees may,by motion,waive any such fees imposed pursuant to this section. (Ord.No.G-160,
SS M.6-11-74;Ord No.G-195,SS 1,7-27-76,Ord.No.0-244,SS 1,2-27-79;Ord.No.G-283,
SS 2,3-24-81; Ord. No. G-246, SS 3,3-14-89)
(pg. 312)
The following is excerpted from Chapter 2 - Administration, Article VIII. Fees pertaining to
applications for zoning and subdivision hearings of the Oak Brook Code.
Sec. 2-226. Waiver of Fees.
Any governmental unit or any charitable organization as defined in"an art to regulate solicitation
and collection of funds for charitable purposes, providing for violations thereof and making an
appropriation therefor," Chapter 23 Illinois Revised Statutes 1979,Sections 5101,et sequitur,may
request waiver of any fees established in this article. Upon such request the president and board
of trustees may in its discretion,waive any such fees imposed pursuant to the terms of this article.
(Ord.No. G-289, SS 1,3-2481)
(pg. 90.1)
waiv-bld.fee
OF Ogke
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990- 3000
MEMO
June 5, 1995
TO: President Bushy and Board of Trustees
FROM. Tom Haw
SUBJECT.• Referral
Atelier International - 3400 St. Paschal Drive - Amend Special Use and Parking Setback
Variation
We have received a petition from Atelier International, 3400 St. Paschal Drive for the following:
1. Amendment to the Special Use Ordinance which is on your agenda for consideration at your
June 13, 1995 meeting. The legally described area for the Special Use did not include the
entire parking area. This petition will resolve this shortcoming.
2. A variation of the parking setback requirement along St. Paschal Drive.
Please refer this to the Plan Commission for review and recommendation at their meeting of Jurie 19, 1995
and to the Zoning Board of Appeals for public hearing at their meeting of July 13, 1995.
TRH/gp
Sec.XIII OAK BROOK CODE
give due notice thereof to parties and shall decide
the appeal within reasonable time. The Board may
reverse or affirm, wholly or partly, or may modify
_ the order, requirement or decision or determina-
tion as in its opinion ought to be made on the
- premises and to that end has all the powers of the
official from whom the appeal is taken.
(4) Decisions: All decisions, after hearing of the Zoning
Board of Appeals on appeals from an administrative
order, requirement, decision, or determination of the
Building Inspector or other authorized official of the
Village of Oak Brook, shall, in all instances, be final
_ administrative determinations and shall be subject to
judicial review only in accordance with applicable
tatutes of the State of Illinois.
(G) ariations.
)) Authority: The Board of Trustees shall decide all
applications for variations of the provisions of this
ordinance after a public hearing held before the .
Zoning Board of Appeals on such notice as shall be
required by the Illinois Statutes. The Zoning Board of
Appeals shall hold public hearings upon all applica-
tions for variations and shall report its recommenda-
tions to the Board of Trustees as to whether a
requested variation would be in harmony with its gen-
eral purpose and intent, and shall recommend a varia-
tion only where it shall have made a finding of fact
specifying the reason or reasons for recommending the
variations. Such findings shall be based upon the stand-
ards prescribed in Section XIII G4 of this ordinance.
No variation shall be granted by the Board of Trustees .
without such findings of fact. In the case of a
variation where the Zoning Board of Appeals fails to
recommend the variation, it can only be adopted by an
ordinance with the favorable vote of two-thirds of the
Trustees.
(2) Initiation: An application for a variation shall be in
triplicate and may be made by any governmental
966
APPENDIX A—ZONING Sea XIU
office, department, board, bureau or commission, or by
any person, firm or corporation having a freehold
interest, a possessory interest entitled to exclusive
possession, a contractual interest which may become a
freehold interest, or any exclusive possessory interest
applicable to the land or land and improvements
described in the application for a variation.
(3) Processing. An application for a variation shall be
filed with the Village Clerk who shall forward one
copy of such application to the Zoning Board of
Appeals for processing in accordance with applicable
Statutes of the State of Illinois and one copy to the
Board of Trustees.
(4) Standards:
(a) The Zoning Board of Appeals shall not recom-
mend a variation of the provisions of this
ordinance as authorized in this section unless it
shall have made findings of fact based upon the
evidence presented to it on the following specific
issues that:
(1) The property in question cannot yield a
reasonable return if permitted to be used only
under the conditions allowed by the regula-
tions governing the district in which it is
located.
(2) The plight of the owner is due to unique
circumstances.
(3) The variation, if granted, will not alter the
essential character of the locality.
(b) For the purpose of supplementing the above
standards, the Zoning Board of Appeals, in
making the determination whether there are
practical difficulties or particular hardships, shall
also take into consideration the extent to which
the following facts, favorable to the applicant,
have been established by the evidence that:
967
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 adjacent
property, or substantially increase the danger
of fire, or otherwise endanger the public safety
or substantially diminish or impair property
values within the neighborhood.
(5) That the purpose of the variation is not based
exclusively upon a desire to make more money
out of the property.
(6) That the alleged difficulty or hardship has
not been created by any person presently
having an interest in the property.
(c) The Zoning Board of Appeals may recommend
and the Board of Trustees may require such
conditions and restrictions upon the premises
benefited by a variation as may be necessary to
comply with the standards set forth in this section
to reduce or minimize the injurious effect of such
variation upon other property in the neighbor-
hood, and to implement the general purpose and
intent of this ordinance.
(5) Unauthorized Variations: The variation procedure
shall in no case be used to accomplish a result which
968
. I
APPE,iDIX A—ZONING Sec. :CIII
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 Rl, R2, R3 and R4 Districts.
(6) Re-applications: Any person, firm, or corporation
having been denied a variation to the Zoning
Ordinance respecting a specific parcel of property may
not re-apply for a like variation on said real property
until the period one (1) year has elapsed since the
denial of the application for variation by the
President and Board of Trustees. (Ord. No. G-137,
9-14-71)
(I) Plan Commission.
Jurisdiction.
The Plan Commission of the Village, which has been duly
established with functions as prescribed by the Illinois
Statutes, is the Plan Commission referred to in this
ordinance, and shall have the following duties under this
ordinance:
(1) Receive from the Village Clerk copies of applications
for proposed amendments and thereafter may submit
its recommendations thereon to the Zoning Board of
Appeals and Board of Trustees.
(2) Receive from the Building Inspector copies of applica-
tions for proposed Special Uses and thereafter submit
its recommendations thereon to the Building Inspector
and Board of Trustees.
(3) Act on all other matters which are referred to it as
required by the provisions of this ordinance.
(4) Review, from time to time, the provisions of this
ordinance and to make reports of its recommendations
with respect to proposed amendments to the Board of
Trustees.
969
{
A A44
*• ;fit 7`�X¢:-•�
_ 3
gam,XIII OAK BROOK CODE . �.
(n mendments.
Authority: This ordinance may be amended from time
to time by ordinance in accordance with applicable
Illinois Statutes. No vote shall be taken upon the
adoption of a proposed amendment by the Board of
Trustees until after a public hearing before the Zoning
Board of Appeals and a report of its findings and
recommendations has been submitted to the Board of
Trustees along with the recommendation of the Plan
Commission.
(2) Initiation of Amendment: Amendments may be
proposed by the Board of Trustees, Plan Commission
or Zoning Board of Appeals, and 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 which is specifically
enforceable on the land which is described in the
proposal for an amendment.
(3) Processing.
(a) A proposal for an amendment shall be filed with
the Village Clerk and thereafter entered into the
records of the first meeting thereafter of the Board
of Trustees.
(b) A copy of such proposal shall be forwarded by the
Village Clerk to the Zoning Board of Appeals with
a request to hold a public hearing and submit to
the Board of Trustees a report of its findings and
recommendations. Such public hearing shall be
_ held upon notice as required by Illinois Statutes.
(c) The Village Clerk shall also transmit a copy of
such proposal to the Plan Commission. The Plan
Commission shall submit an opinion report
relative to such proposed amendment to the
Zoning Board of Appeals and Board of Trustees;
(4) Decisions: The Board of Trustees, upon report of the
Plan Commission, if such report is made, and the
970
I
I
APPENDIX A—ZONING Sea XIII
r
report of the Zoning Board of Appeals, and without
further public hearing, may vote upon the adoption of
any proposed amendment in accordance with applica-
ble Illinois Statutes, or may refer it back to the Boards
for further consideration.
(5) Re-Applications: Any person, firm, or corporation
having been denied an amendment to the Zoning
Ordinance respecting a specific parcel of property may
not re-apply for a like amendment on said real
property until the period of one (1) year has elapsed
since the denial of the application for amendment by
the President and Board of Trustees. (Ord. No. G137,
9-14-71)
(J) Special Uses.
(1) Purpose. The development and execution of the zoning
ordinance is based upon the division of the Village
into districts, within any one of which the use of land
and buildings and the bulk and location of buildings
or structures, as related to the land, are essentially
uniform. It is recognized, however, that there are
special uses which, because of their unique character,
cannot be properly permitted in particular districts
` - without consideration, in each case, of the impact of
those uses upon neighboring lands and upon public
need for the particular use or the particular location.
Such special uses fall into t%vo categories:
(a) Uses operated by public agency or publicly-regu-
lated utilities, or uses traditionally affected with a
public interest.
(b) Uses entirely private in character, but of such a
nature that the operation may give rise to unique
problems with respect to their impact upon
neighboring property or public facilities such as,
but not limited to, single-family attached and
semi-detached dwellings, horizontal condomini-••.
ums and other residential developments. (Ord. No.
G66, 12-19-66)
971
AW
°°• V .AGE OF OAK B OK
1212 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521
r
990.3045
,OC COYIIt+ \
PETITION APPLICATION FOR PUBLIC HEARING:
ZONING ORDINANCE: APPEAL ($100) X VARIATION ($300)
AMENDMENT ($650) X SPECIAL USE ($400)Awendttn_nt
FLOOD PLAIN: VARIATION ($300) SPECIAL USE ($675)
ALL APPLICATIONS MUST BE ACCOMPANIED BY PROPER FEE,PLAT OF SURVEY,AND 18 COPIES OF A SCALE DRAWING
SHOWING ALL PERTINENT APPLICABLE INFORMATION; I.e., PROPERTY LIKES, EXISTING BUELDINGS, LOCATION OF
PROPOSED CONSTRUCTION, ANY BUILDINGS ON ADJACENT PROPERTY WTTHIN loo FEET OF SUBJECT PROPERTY.
APPLICANT TO COMPLETE
LOCATION 2,000 feet south of Southwest corner of
OF SUBJECT PROPERTY: Route 83 & Oak Brook Road PERMANENT PARCEL NO.
3600 St. Paschal Drive
LOT NO: NSA SUBDMSION: NSA ADDRESS: Iegal Description attached as Exhibit D
ZONING DISTRICT. CR ZONING ORDINANCE SECTION: VI-A(2) and VI-A(7) (a) (2)
ACTION REQUESTED: See Exhibit A attached hereto
. I
I
LICENSEE
PROPERTY INTEREST OF APPLICANT: OWNER X AGENT
OWNER(S) OF RECORD Forest Preserve District of DuPage County PHONE NO. 790-4900
ADDRESS 185 Spring Avenue P.O. Box 2339 Glen Ellyn, IL ZIP 60138
BENEFICIARY(IES) OF TRUST NSA PHONE NO.
ADDRESS ZIP
NAME OF APPLICANT Atelier International PHONE NO. 665-4774
(+ BILLING INFO) Att'n: Alexander Ertas, Executive Director
ADDRESS P.O. Box 1783 3400 St. Paschal Drive Oak Brook, IL ZIP 60522-1783
I (we) certify that all of the above statements and the statements contained in any papers o bitted herewith are true to the
best of my (our) knowledge and belief. ATELIER
BY•
ignanwe) Date Applicant Date
5/26/95 DO NOT WRITE IN THIS SPACE--FOR OFFICE USE ONLY
Date Filed: Board of Trut.Referral: 6/13/95 Staff Referral: NA
Notice Published: 6/14/95 Newspaper. Daily Herald
Date Adj.Property Owners Notified: 6/14/95
Public Hearing Dam: Plan Commission: 6,/19/95 Zeoia`Board: 7/13/9.95
Board of Trustees: 7/2 5/9 5 Board d Trunees: 8/8/9-5
(Approval of Ordinance)
FEE PAID: S 0 i No. NA Received By:Gail Polanek
SIGNED-VIIIAGH CLHRK: - Date: 6<�;'- O — ^
EXHIBIT A
to
APPLICATION OF ATELIER INTERNATIONAL
ACTION REQUESTED
1. Amend Special Use approved by Village Ordinance on
June 13, 1995 , to expand the land area included in
such special use, which is described in Exhibit B
hereto, by adding thereto the property described in
Exhibit C hereto.
2 . Variation to reduce , for the parcel of property legally
described in Exhibit D, the depth of the required yard
contiguous to the right-of-way of St. Paschal Drive
from one hundred feet (100) to ten (10) feet.
EXHIBIT A �/'
LEGAL DESCR I PT I ONi FPD PROJECT-U401 140/ MAYSLAKE ybGFi,_K"i•f t r:A;P:
�.
THAT PART OF THE NORTHWEST QUARTER OF SECTION•'
3S9 TOWNSHIP
39 NORTH, RANGE II , EAST OF THE THIRD PRINCIPAL. MERIDIAN,
DESCRIBED BY COMMENCING AT THE INTERSECTION OF THE NORTHERLY
RIGHT OF WAY LINE OF 60 FOOT WIDE 35TH STREET WITH THE.
WESTERLY RIGHT OF WAY LINE OF F. A. ROUTE 102 ( ILLINOIS ROUTE
83) I THENCE NORTH 00.13138" WEST , ON SAID WESTERLY LINE , A
DISTANCE OF 425. 0 FEET TO THE PLACE OF BEGINNING( THENCE
SOUTH 63045 ' 26'! WEST , A DISTANCE OF 46090 FEET; THENCE NORTH
26014 '34" WEST , A DISTANCE OF 460. 0 FEETi THENCE NORTH
63-45 ' 26" EAST , A DISTANCE OF 545. 0 FEET ; THENCE NORTH
90-00 '00" EAST , A DISTANCE OF 117. 84 FEET TO SAID WESTERLY
-LINE OF F. A. ROUTE 1021 THENCE SOUTHERLY , ON SAID WESTERLY
LINE , BEING A CURVE CONCAVE TO THE WEST WITH A RADIUS OF
5018. 71 FEET , AN ARC DISTANCE OF 275.03 FEET TO A POINT OF
TANGENCY IN SAID WESTERLY LINE# THENCE SOUTH 00-13 '38" EAST,
A DISTANCE OF 175. 30 FEET TO THE PLACE OF BEGINNING, IN DU
PAGE COUNTY, ILLINOIS.
I
. i
EXHIBIT B
6/12/9.5
Revised
EXHIBIT C
LEGAL DESCRIPTION
THAT PART OF THE NORTHWEST QUARTER OF SECTION 35 , TOWNSHIP
39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN ,
DESCRIBED BY COMMENCING AT THE INTERSECTION OF THE NORTHERLY
RIGHT OF WAY LINE OF 60 FOOT WIDE 35TH STREET WITH THE
WESTERLY RIGHT OF WAY LINE OF F.A. ROUTE 102 (ILLINOIS ROUTE
83) ; THENCE NORTH 00°13' 38" WEST, ON SAID WESTERLY LINE, A
DISTANCE OF 228. 0 FEET TO THE PLACE OF BEGINNING:- THENCE
SOUTH 90 000' 00" WEST, A DISTANCE OF 415 . 0 FEET; THENCE NORTH
63°45126" EAST, A DISTANCE OF 460 . 0 FEET; THENCE SOUTH
0°13138" EAST, A DISTANCE OF 197 . 0 FEET TO THE PLACE OF
BEGINNING , IN DUPAGE COUNTY, ILLINOIS.
i
EXHIBIT C AP3
EXHIBIT D
TO
ATELIER INTERNATIONAL APPLICATION
LEGAL DESCRIPTION:
THAT PART OF THE NORTHWEST QUARTER OF SECTION 35 , TOWNSHIP
39 NORTH, RANGE 11 , EAST OF THE THIRD PRINCIPAL MERIDIAN ,
DESCRIBED BY COMMENCING AT THE INTERSECTION OF THE NORTHERLY
RIGHT OF WAY LINE OF 60 FOOT WIDE 35TH STREET WITH THE
WESTERLY RIGHT OF WAY LINE OF F .A. ROUTE 102 (ILLINOIS ROUTE
83) ; THENCE NORTH 00°13 ' 38 " WEST, ON SAID WESTERLY LINE, A
DISTANCE OF 228 . 0 FEET TO THE PLACE OF BEGINNING ; THENCE
SOUTH 90 000 ' 00 " WEST, A DISTANCE OF 415 . 0 FEET; THENCE NORTH
26 014 ' 34 " WEST, A DISTANCE OF 460 . 0 FEET; THENCE NORTH
63 045 ' 26 " EAST, A DISTANCE OF 545 . 0 FEET; THENCE NORTH
90 000 ' 00" EAST, A DISTANCE OF 117 . 84 FEET TO SAID WESTERLY
LINE OF F . A. ROUTE 102 ; THENCE SOUTHERLY , ON SAID WESTERLY
LINE, BEING A CURVE CONCAVE TO THE WEST WITH A RADIUS OF
5018 . 71 FEET, AN ARC DISTANCE OF 275 . 03 FEET TO A POINT OF
TANGENCY IN SAID WESTERLY LINE; THENCE SOUTH 00 013 ' 38 " EAST,
A DISTANCE OF 372 . 0 FEET TO THE PLACE OF BEGINNING, IN
DUPAGE COUNTY, ILLINOIS.
I�
EXHIBIT D `'
• RIDER
TO
APPLICATION CF ATELIER INTERWIONAL
ADJACENT PRCPERTY OWNERS (WITHIN 250')
P.I.N. NAME ADDRESS
06-34-200-015 Forest Preserve District of 185 Spring Avenue P.O. Box 2339
DuPage County Glen Ellyn, IL 60138
06-34-204-011 Robert Wimschen 810 St. Stevens Green
Oak Brook, IL 60521
06-35-100-009 Forest Preserve District of 185 Spring Avenue P.O. Box 2339
DuPage County G1en...Ellyn, IL 60138
06-35-102-014 National Bank of Austin 5645 W. Lake Street
Trust 5805 Chicago, IL 60644
06-35-104-001 ]Khalil H. & Labibeh Zayed 607 Mallard Lane
Oak Brook, IL 60521
06-35-106-001 Adele Fahey 807 Deer Trail Lane
Oak Brook, IL 60521
06-35-108-002 Eileen O'Malley P.O. Box 172
Palos Park, IL 60464
06-35-108-005 Joseph & Kay Paik 823 St. Stevens Green
Oak Brook, IL 60521
06-35-102-042 James R. Kirchner 606 Mallard Lane .
Oak Brook, IL 60521
06-35-104-002 LaGrange State Bank Trust 4315 P.O. Box 234
LaGrange, IL 60525
06-35-106-002 Hunter Trails 211 W. Chicago Ave. #10
Hinsdale, IL 60521
06-35-108-003 Rex A. & Asuncion Jurado 824 St. Stevens Green
Oak Brook, IL 60521
06-35-102-o43 lst' Illinois Batik of LaGrange .... ._ 14 S. LaGrange Road
Trust 9121 LaGrange, IL 60525
06-35-104-005 Oaceancia Bungcayao 6709 Mdgewood Lane
Willowbrook, IL 60521
-1-
•
06-35-108-001 Eileen O'Malley P.O. Box 172
Palos Park, IL 60464
06-35-108-004 Louis & Helen Aldini 825 St. Stevens Green
Oak Brook, IL 60521
06-35-300-003 Amoco Oil Conpany 200 E. Randolph Drive
Property Tax Dept. MC2408 Chicago, IL 60601
06-35-303-005 Quail Hollow Venture - 600 W. Fulton
c/o Epstein Real Estate. Chicago, IL 60661
06-35-104-006 Kovaoevic Trust 2078 5100 Main Street
c/o Citizens National Bank Downers Grove, IL 60515
-2-
LORD, BISSELL & BROOK
II5 SOUTH LA SALLE STREET
CHICAGO, ILLINOIS 60603 LOS ANGELES OFFICE
300 SOUTH GRAND AVENUE,SUITE 3900
(312) 443-0700 LOS ANGELES,CALIFORNIA 90071-3200
(2 1 3)48 5-1500
CABLE: LOWIRCO CGO TELEX: 18.1135
TELEX: 25-3070 TELECOPY:42131 485-1200
TELECOPY: (312) 443-0570 ATLANTA OFFICE
ONE ATLANTIC CENTER
1100 Jorie Boulevard 1201 W. PEACHTREE STREET,SUITE 3700
ATLANTA,GEORGIA 30309
Suite 243 (4041 870-4600
TELEX: 54-3707
708/990-0561 Oak Brook, IL 60521 TELECOPY:4404)872.5547
LONDON OFFICE
LLOYD'S,SUITE 995
1 LIME STREET
LONDON EC3M 7DO ENGLAND
071-327-4534
June 6 , 1995 TELECOPY 071-929-2250
FLE EIVED
Chairman Stelios Aktipis
and Commissioners - 6 O ak Brook Plan Commission Village of Oak Brook 0�11C�
1200 Oak Brook Road
Oak Brook, IL 60521
Re : Application of Atelier International
for a Special Use Amendment for the
Former Franciscan Brothers Friary on
St. Paschal Drive
Dear Chairman Aktipis and Commissioners :
On behalf of my client, Atelier International, and with
the approval of the owner of the subject property, the Forest Pre-
serve District of DuPage County, we filed on June 2, 1995, an
application for the following:
1. An amendment to the Special Use Permit scheduled to be
approved by the Board- of Trustees on June 13, 1995, to
add an additional parcel of land of approximately 40, 878
square feet or 0. 94 acres. This is needed to provide
space for an additional parking area which is required
to meet the needs of the Vandercook College of Music
for its students during the months of June, July and
August beginning in 1996.
2. A variation to reduce the required setback along St. Paschal
Drive within the subject property described in Exhibit C to
the Application from 100 feet to 10 feet in order to make
it possible to 'construct the required parking area expansion
to the east rather than to the south of the existing
buildings and thus to reduce substantially its visibility
to the homes to the west.
LORD, BISSELL S BROOK Chairman Aktipis
and Commissioners
June 6, 1995
Page Two
The request for the Special Use amendment clearly meets
the requirements of Section XIII (J) (5) of the Oak Brook Zoning
Ordinance, as the following demonstrates:
1. The expanded area will be so designed, located
and proposed to be operated that the public health,
safety and welfare will be protected; and
2. The expansion of the existing Special Use will not
cause any injury whatsoever to the value of other
property in its neighborhood.
The request for the variation does not require action
by the Plan Commission.
It is therefore respectfully requested that the Plan
Commission recommend approval of the requested amendment to the
Special Use scheduled to be approved June 13, 1995.
R spect lly sub tted
David M. Gooder
DMG:pg
cc A. Ertas
R. Mork
F. A. Strong
M. Koberstein
LORD, BISSELL & BROOK
115 SOUTH LA SALLE STREET
CHICAGO, ILLINOIS 60603 LOS ANGELES OFFICE
300 SOUTH GRAND AVENUE,SUITE 3900
(312) 443-0700 LOS ANGELES,CALIFORNIA 90071-3200
(2131 485-1500
CABLE: LOWIRCO CGO TELEX: 18-1135
TELEX: 25-3070 TELECOPY:(2131 4851200
TELECOPY: (312) 443-0570 ATLANTA OFFICE
1100 Jorie Boulevard ONE ATLANTIC CENTER
1201 W. PEACHTREE STREET,SUITE 3700
SSuite24 ATLANTA, GEORGIA 30309
1. 3 (404)870-4600
708/990-0561 Oak Brook, TELECOPY:IL 60521 TELEX: 54-3707
(4041 672-5547
LONDON OFFICE
LLOYD'S,SUITE 995
1 LIME STREET
LONDON EC3M 700 ENGLAND
June 6, 1995 TELECOPY 071-29-2250
Chairman Champ Davis RECEIVED
and Members
Oak Brook Zoning Board of Appeals - 6
Village of Oak Brook
1200 Oak Brook Road Npp GAK ORQ K
Oak Brook, IL 60521
Re: Application of Atelier International
for a Special Use Amendment and a
Zoning Variation for the former
Franciscan Brothers Friary on St.
Paschal Drive
Dear Chairman Davis and Members:
On behalf of my client, Atelier International, and with
the approval of the owner of the subject property, the Forest Pre-
serve District of DuPage County, we filed on June 2 , 1995, an
application for the following:
1. An amendment to the Special Use Permit scheduled to be
approved by the Board of Trustees on June 13 , 1995 , to
add an additional parcel of land of approximately 40, 878
square feet or 0.94 acres. This is needed to provide
space for an additional parking area which is required
to meet the needs of the Vandercook. College of Music for
its students during the months of June, July and August
beginning in 1996.
2. A variation to reduce the required setback along St. Paschal
Drive within the subject property described in Exhibit C to
the Application from 100 feet to 10 feet in order to make
it possible to construct the required parking area expansion
to the east rather than to the south of the existing
buildings and thus to reduce substantially its visibility
to the homes to the west.
LORD, BISSELL &BROOK � •
Chairman Davis and
Members
June 6, 1995
Page Two
The request for the. Special Use amendment clearly meets
the requirements' of Section XIII (J) (5) of the Oak Brook Zoning
Ordinance, as the following demonstrates:
1. The expanded area will be so designed, located
and proposed to be operated that the public health,
safety and welfare will be protected; and
2. The expansion of the existing Special Use will not
cause any injury whatsoever to the value of other
property in its neighborhood.
The requested variation clearly meets the standards for
variations set forth in Section XIII (G) (4) of the Village Zoning
Ordinance as the following demonstrates:
(a) (1) The property in question cannot provide the necessary
parking area in a location which minimizes the visibility
from adjacent homes if required- to be setback the required
100 feet.
(2) The circumstances are the result of the location of the
existing buildings.
(3) The variation will not alter the essential character
of the locality.
(b) (1) The location of the existing building and location of
the property would make it impossible to use the
buildings properly without intrusion of the view from
nearby homes unless the variance is permitted.
(2) The condition upon which the petition for variation is
based would not be applicable generally to the other
property within the same zoning classfication.
(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 located.
(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 other-
wise endanger the public safety or substantially
diminish or impair property values within the
neighborhood.
LORD, BISSELL &BROOK •
Chairman Davis and
Members
June 6, 1995
Page Three
(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.
It is therefore respectfully urged that the Zoning Board
of Appeals recommend to the Board of Trustees that it approve the
requested variation and the amendment to the Special Use.
R pectfu ly sub tted,
David M. Gooder
DMG:pg
cc A. Ertas
R. Mork
F. A. Strong
M. Koberstein
LORD, BISSELL & BROOK
II5 SOUTH LA SALLE STREET
CHICAGO, ILLINOIS 60603 LOS ANGELES OFFICE
300 SOUTH GRAND AVENUE,SUITE 3900
(312) 443-0700 LOS ANGELES,CALIFORNIA 90071-3200
(2 13)485-1500
CABLE: LOWIRCO CGO TELEX: 18-1135
TELEX: 25-3070 TELECOPY:12131 485-1200
TELECOPY: (312) 443-0570 ATLANTA OFFICE
ONE ATLANTIC CENTER
1201 W. PEACHTREE STREET,SUITE 3700
ATLANTA,GEORGIA 30309
1100 Jorie Boulevard (404)670-4600
TELEX: 54-3707
Suite 243 TELECOPY:44041672-5547
LONDON OFFICE
708/990-0561 Oak Brook, IL 60521 LLOYD'S,SUITE 995
I M STREET
LONDON EC3M 7DO ENGLAND
071-327-4534
TELECOPY 071-929-2250
June 12, 1995
RECEIVED
Village of Oak Brook
1200 Oak Brook Road JUN 1 2 1995
Oak Brook, IL 60521
I L AGE OF OAK BROOK
Att'n: Thomas Hawk IN
Director of Code Enforcement
Re : 3400 St. Paschal Drive
Application of Atelier International
for a Special Use Amendment and a
Zoning Variation for the former
Franciscan Brothers Friary on St.
Paschal Drive
Dear Tom:
Delivered herewith is a revised Exhibit C for the
Application of Atelier International filed with you on June 2,
1995. The revision is necessary to correct the legal
description in line 9 to eliminate 26 114134" and substitute
therefor 63045126".
S' cere yours,
David M. Gooder
DMG:pg
Encl
cc P. Mitchell (with encl)
A. Ertas (with encl)
�r-4
644 _ -
LORD, BISSELL & BROOK
115 SOUTH LA SALLE STREET
CHICAGO, ILLINOIS 60603 LOS ANGELES OFFICE
300 SOUTH GRAND AVENUE,SUITE 3900
(312) 443-0700 LOS ANGELES,CALIFORNIA 90071-3200
(21 3,48 5-1500
CABLE: LOWIRCO CGO TELEX:18-1135
TELEX: 25-3070 TELECOPY:(2131 485-1200
TELECOPY: (312) 443-0570 ATLANTA OFFICE
ONE ATLANTIC CENTER
1100 Jorie Boulevard 1201 W. PEACHTREE STREET,SUITE 3700
ATLANTA,GEORGIA 30309
Suite 243 (4041 870-4600
TELEX:54-3707
708/990-0561 Oak Brook, IL 60521 TELECOPY:(4041872-5547
LONDON OFFICE
LLOYD'S,SUITE 995
I M STREET
LONDON EC3M 700 ENGLAND
071-327-4534
TELECOPY 071-929-2250
June 2, 1995
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60521
Att'n: Thomas Hawk
Director of Code Enforcement
Re: Atelier International
Substitute Application for
Variation and Amendment of
Special Use Permit
Dear Tom:
This will confirm that on behalf of my client,
Atelier International , I have filed with you today a sub-
stitute application to replace the application for a variation
filed on May 26 , 1995 .
The substitute application contains the same
variation request as the earlier application but includes
also an application for an amendment to the special use to
permit an expansion of the land area subject thereto.
The material filed in support of the original
application should be treated as supporting the substitute
application. This includes the request for waiver of the
filing fees except for out-of-pocket costs.
Please arrange to have this matter referred to the
Plan Commission for a hearing on June 19, 1995, and to the
Zoning Board of Appeals for a public hearing on July 13, 1995.
Si&V�yours,
DMG:pg David M. Gooder
LORD, BISSELL & BROOK
im SOUTH LA SALLE STREET
CHICAGO, ILLINOIS 60603 LOS ANGELES OFFICE
300 SOUTH GRAND AVENUE,SUITE 3900
13121 443-0700 LOS ANGELES,CALIFORNIA 90071-3200
(2 13)485-1500
CABLE: LOWIRCO CGO TELEX: I8-1135
TELEX: 25-3070 TELECOPY: 12131 485-1200
TELECOPY: (312) 443-0570 ATLANTA OFFICE
ONE ATLANTIC CENTER
1201 W. PEACHTREE STREET,SUITE 3700
1100 Jorie Boulevard ATLANTA,GEORGIA 30309
Suite 243 14041 870-4600
TELEX: 54-3707
708/990-0561 Oak Brook, IL 60521
TELECOPY: 1404E 47
LONDON OFFICE FICE
LLOYD'S,SUITE 995
1 LIME STREET
LONDON EC3M 700 ENGLAND
071-327-4534
May 26, 19 9 5 TELECOPY 071-929-2250
Village of. Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60521
Att'n: Thomas Hawk
Director of Code Enforcement
Re: Application for Zoning Variation
Atelier International
Dear Tom:
On behalf of my client, Atelier International, I am
delivering herewith the following material to initiate a request
for a zoning variation:
1. Application for zoning variation to reduce the depth ,
of the required yard. contiguous to the right-of-way
of St. Paschal Drive. Included is a list of adjacent
property owners and necessary mailing labels.
2. Plat showing Friary area with adjusted southern boundary
to provide for additional parking on the east side of
the property. (18 copies)
3. Relevant portion of the Village Zoning Map. (18 copies)
4. Survey of the entire Mayslake area. (.1 copy)
5. Plat showing proposed parking areas. (18 copies)
6. Letter to the Trustees requesting waiver of the filing
fee except for out-of-pocket costs. (original only)
LORD, BISSELL & BROOK
Village of Oak Brook
Att'n: Thomas Hawk
May 26, 1995
Page Two
Franz Arthur Strong, Executive Director of the Forest
Preserve District, has indicated there should be no problem
amending the license to increase the property to the proposed
new southern boundary- and to approve the variation request. We
are assured that there will promptly be a letter confirming
the approval of the variation. However, it may take several
weeks to obtain necessary internal action by the District to
amend the license. Hopefully this will be concluded by the
time of the hearing on July 13.
It is respectfully requested that the matter be re-
ferred to the Zoning Board of Appeals for a public hearing on
July 13, 1995.
Sincer ours,
a
�.
David M. Gooder
DMG:pg
Encl
cc F.A. Strong (with encl)
R. Mork (with encl)
A. Ertas (with encl)
R. Strukoff (without encl)
I
�-3.
LORD, BISSELL & BROOK
II5 SOUTH LA SALLE STREET
CHICAGO, ILLINOIS 60603 LOS ANGELES OFFICE
300 SOUTH GRAND AVENUE,SUITE 3900
(312) 443-0700 LOS ANGELES,1213)485-1500 CALIFORNIA 90071-3200
CABLE: LOWIRCO CGO TELEX: 18-1135
TELEX: 25-3070 TELECOPY: 12131 465-1200
TELECOPY: (312) 443-0570 ATLANTA OFFICE
ONE ATLANTIC CENTER
1201 W. P EACHTREE STREET,SUITE 3700
1.100 Jorie Boulevard ATLANTA,GEORGIA 30309
(4041 670-4600
Suite 243 TELEX: 54-3707
TELECOPY:44041 872-5547
708/990-.0561 Oak Brook, IL 60521 LONDON OFFICE
LLOYD'S,SUITE 995
I LIME STREET
LONDON EC3M 7DO ENGLAND
071-327-4534
TELECOPY 071-929-2250
May 26, 1995
President Karen Bushy
and Village Trustees
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60521
Re: Zoning Variation Request of
Atelier International
Dear President Bushy and Trustees:
On behalf of my client, Atelier International,
I respectfully request that the Village agree to waive
the usual filing fee on condition that all Village out-
of-pocket expenses are reimbursed by Atelier International.
R pectf lly yours,
David M. Gooder
DMG:pg
o w
u
_ }� M� �. � �. �. � � omit Ql�
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