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Everpure -Variation 1962 �b-x$A•MiN. MINUTES OF THE MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAKBROOK, DU PAGE COUNTY, ILLINOIS, HELD AT THE VILLAGE HALL AT 7:30 P.M. ON THE 19TH DAY OF JUNE, A. D. , 1962 Chairman George McHenry called the meeting to order at 7:30 p.m. and upon roll call, the following members answered present: Norman Steenhof, Gordon R. Foster, Charles M. Rhodes, Allan M. Roysdon and William L. Bengston, and Robert Lane, and the following members were absent: (None) The Chairman then advised that this was a public hearing being conducted by the Zoning Boaxd of Appeals of the Village of Oakbrook to consider the application of Butler Company for a variation of the appli- cable rules of the Zoning Ordinance of the Village of Oakbrook to permit a front yard in depth less than that required by Section XI-E of the Zoning Ordinance of the Village of Oakbrook, as to certain property located in Section 24, Township 39 North, Range 11, East of the Third Principal Meridian, which was more particularly described in the public notice which the Chairman advised had been published in the Hinsdale Doings, a newspaper of general circulation within the Village of Oakbrook and which had been served on owners of record of properties located adjacent to the applicant's property, in accordance with the applicable provisions of the Zoning Ordinance and the Statutes of the State of Illinois. The Chairman then asked to hear from the proponents of this variation and Robert P. Cole, Robert Oliver and C. G. Oliver, repre- senting the petitioner, presented their case. The Chairman then asked if there were anyone present wrn opposed this variation and no one present expressed any opposition to the granting of said variation. Whereupon, the Chairman declared the public hearing closed and the Board proceeded with its deliberation. After due deliberation by the Board Mr. Norman Steenhof moved and Mr. Gordon R. Foster seconded the following motion: That the Zoning Board of Appeals, having taken into consideration the standards set forth in paragraph E-5-B 1 through 6, grant a variation of the requirements of Section XI-E of the Zoning Ordinance of the Village of Oakbrook as applied to the following described property, to-wit: That part of the Southwest Quarter of Section 24, Town- ship 39 North, Range 11 East of the Third Principal Meridian, Du Page County, Minois being more fully described as follows, to wit: Commencing at the Southeast corner of the Southwest Quarter of said Section 24, thence South 89°36'25" West along the South line of the Southwest Quarter of said Section 24, said line also being the centerline of 22nd Street a distance of 1185. 0 feet; thence north 0°23135" West a distance of 182. 09 feet to a point of curvature, the aforementioned line also being the West- erly line of a dedicated road, recorded March 21, 1962 as Docu- ment No. R62-7996; thence Northerly along a curve, convex Westerly, and having a radius of 304. 66 feet, a distance of 49. 22 feet to a point for a place of beginning; thence North 40°06146" West a distance of 488. 14 feet; thence North 52°43155" E a distance of 235. 29 feet; thence South 40°06146" East a distance of 403. 51 feet to a point on the Westerly line of the aforementioned dedicated road; thence South 54°36125" West a distance of 10. 0 feet to a point of curvature; thence Southerly along a curve, convex Westerly, and having a radius of 304. 66 feet a distance of 243. 23 feet to the place of beginning. 2. 55---Pit (0-19 —(IV 0I.- to permit a front yard of not less than 80 feet in depth with a restriction that no part of the building should be built closer to the street than a perpendicular line drawn to the northerly lot line at a point 79. 98 feet from the dedicated road as shown on the plot plan attached to the application for the following reasons, which said reasons the Zoning Board of Appeals of the Village of Oakbrook does hereby find to be the fact: 1. That the property in question cannot yield a reasonable return it permitted to be used only under the conditions allowed by the regulations governing the district in which it is located. 2. That the plight of the owner is due to unique circumstances. 3. That the variation, if granted, will not alter the essential character of the locality. Upon roll call vote five members voted "aye14 and one member voted "nay" and the Chairman declared the motion passed and ordered that the variation be granted in accordance with the provisions of the Zoning Ordinance of the Village of Oakbrook. There being no further or other business to come before the meeting, upon motion duly made and seconded, the meeting was ad- journed. Secretary, Zoning Board of Appeals, Village of Oakbrook, DuPage County, Minois I! 230 ' 19200' Addition ' -� 235' •301 160' .• ,4�r . Movable Wall ° s Factory 19200'vq: ft. ... ,160' x 120' !1 to 7 ,: app(•. � �(' i. O M• y Office 4200 sq. ft. 30 x 50 �, .. 120' x 35' ��Tr G 3 Trucks loading Guest Parking 18 cars 80r y �' •• '2451 Row Lino k I � It � ��/ ._..,..I J w. w�♦ w ► . . ... 'mac ® r r II i i �x �-�+ (�7g+ C� rrn WLYN q�A11N�le I ��J.�A�1Jl VLVP[• rJ�A l� OP i t F THE E 1 IAI RI.A OF 4E3f IOY AV,tON)I IP)).ORTI.. 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AN4'11,IDri A+UOCRK,I W RE]-rJD°:TIERCE A0.111 LY AE0N0 A'A"', NI51[YEI,+XC'I 1 14AJ1:5 rF D.E,EE FEET,ADIStALE OF X—A,/•�9 A3.1!FFFT TD•'ODi l+fE 4f 1E IRA I X 0:INMCE NOATX b%!'1[• 'IT A OI STMCi OF Y6N FEE IIdL[EORTX 6t°Y1'11;E A YI STMCE OL Y15.11 fEEi; E}Ci$OJT NC%O Pf•EAST A 015TH CF Uf WE.}I fEfi 10 A DY POINT OM ilI RCS IENLY I E D OE AFOLEIRTIONED DCOICATE0 0DAD:T111NCE ( SOL'T1 4N]E']6-NEST A 1 I GC OF 10.0 111T TO A POINT JF CUNYAI.RE:i1E CE J °•cc SIL'TNEPLY 4LD'1L A EuP W-NE ES1'ALY.AND NAYINO A RADIUS OF O— FEE 2' A DI SIM�L nF:Y�,il f�li t0 TX[PLACE Jf$161 XNIEw t6i52 3J toOPFPY D .. OF A( It hj�l ✓A° t'I II q ' iI II 1 If I1 t a £ci _. oA,Q ' i r2F2='ndN°STREET N... L j mr AA"L„II I C UAI I'ANY' n-) NCL'Sr, li 41x r.1. t 1 xlX O,nJ II�pAY u1/r/� 'a' I A" DOW LL. L RDU._AT Off: eriER of THAT PANT OF THE SWTNWST QUARTER OF MCTIOA TL TOMRmIP m MORTp, -y"• HWE 11 EMT OF iXE TNIRD Pe1pDIPIL NERIDIW,W PApE mUXTY, V4 14yyIno,OEIAO NME NLLT pEmgl UEp 48 FOLIOMS, w� WNIT1i01Re AT THE INTNEMT 8306 OF NE 9glTXXFST WAHim OF SAIO rr SECTION 2N, N9CF SWTq m°]6'9S•WIT ALOXO TXE NU1X AIDE OF NE SOUTNIW OUABER OF SAID SECTION EY,MID LINE MM 9EIN0 TMF ERLIDE OF 2M0 MREET A OI eTWCE OF 1115.0 FEETY iMERG[mATR WITS / 1, DT A DlAtppiOF"mL00 FeeT'TOFi.plpT OF WHTANRE,NE tPopFllpTlOp er`r r / LLN IflXB TDE pFSfEMY LIME OF 1 OEq GTm mAO,RECOmm WeW il.IB6i M WCpllmT X0.R62-Tm81 TNFIICE•,NOITMFLLT 9AOIIB A WeYEr a�r� /�O' CWYE]IRi9TEALTr Mp XAYIMI A AAMUe OF mY.66 iEFT,4 D16TMW OF hN A3aL� ,11 r •' / N.m RET T0O A FOIpT p1 A PLACE OF BEDIpXINO:TA[IICE Npgm Wb6'Y6• / pmT A DIeiWM OF 919.11 FEET:TNOICE 90RTM 6PMl N•E A D19TMCE OF { / 2tt.m FEET NEtlM mJN YOPoe'le•EMT A p19TMW OF gL01 FEET N A {sir, / POIMT M TM'SESTEMT LINE OF iMF IEOgBI01TIWEp MpCgEO mAO;NBICE PA�e,6 /� u�° mUTN SW96'$•IBST A D17TMCE OF 10.0 FEFT N 1 PoINT OF WRYATpMI TNMCE Ire�ee / mUTMEMT MONO A WIX4 WNYEp YESTEMY WP MYINO A AMIU9 OF Ltl.W FEET {eN:r• / T,6 c A 01SfMCE OF S4Lm FE[i N TXE PLACE OF MBINNIN0. C // P oA^a •@''�'�. o e'h. 10�O as.s9 Apo s 29.0 e er„az i by rw Hryk,! pia. \cv5 tie TpIIY PENN ' °;�A9°' .y5"Ipd foAO / 2 9P \'e AJ1n sa�,�s.ao � 6A Ar1¢vP'a0 / aN 0.D to N aa9 f' 1 a as, rururo cmrwva.re<vsro.>�,'BYPe.coo-, Y�y` / Ppc m' 9 ae 5" PLgcE OF BEerNNYNYj yf P or N b k� ES g2 N ® S Vg •. '-' NnR/ai new • _.� __..__.___.. p C D <•ua iN p eau>w c,u®ae rre ewly es<nou ze rP9iv � a.o�.na.o 22nd STREET 9YJ•NI.—.IMILMAVLIX IA 1YI1111>•'a. LnJ tlurvxrur A1100.Nxro N.G�mlmw.N,wlxl.xu urvwnl npL,u.in.�u.,w.In:Xli.e...N..x•••I wrvq•d INS xhm�IxraNNOd MpwNP n.Nx�wn w wn enamue 1'bL 91ikN Y x nvnw ,xy Jllfnrcxea. f•Nrawbllw oT wIJ e•rvoy.AD Jklme,n xr.b hN nnA JttImN,lMrceL W ere eoneYOd la•Inmlxrulurn of M•1'nM1nMMI. 6wn .. 16111—co PAIN �I�pn ¢lnr..REV 1`.Eu RavlsatlS nilar JIF`Y.R •••�'� I I� I I' I I 11 PLAT OF IURVET '(-r PM'DF IHL 1',T.'EST WMTCA OF SGIFID.Y n.TOAMIP 3).YOUTH, NIGH It EAGT OF THE`I IRO PNIXCI°.Y HE NI DI AX,DU PAGF...UTY, \' x ILL$013 SEIKO INURE FULLY DEMRIDEO AS FOLLOH3,TO NIT) vA c° E COWL CING AT TIIE SOUT4EAST CORAL'OF THE SODTNeEST JOARTER OF SAID SEC'IOA iV, (MINCE SOUTH CA OF•'25"NEST ALONG THE Mu1H LIRE OF A TNF STUM.CSi YDAATEA Of UAW SEEt10W 2W,SAID L14E ALM 9E1Wa THE UHTIRLNIT OF 22nD STDEEt A.181110E OF 1165.0 FEET:THENCE AOR"0013'] W[SI A DISTANCE OF IR2.00 FEET TO A Pp III OF WRYAIUNE,ME AFOREWD130NE l LINE ALM)EIAG Tdf NUfENLY LIFE OF A 1-111ED ROAD REWMIU AA0 21,IOG2 AS pOCUNENT 10.RO2-1934''HENCE WORipIALY ALONG A CURVE• fOAYE%N[9TEALY,AN,NAYIHG A 0.Aw SS OF S4.GE FEET,A DISTANCE OF A.—f%_TPA 21 1[fi 10•POIAi FOP A PLACE Of tlF01XN IhN iMF%CE ROUTN WWG'VG- ;? LSf A OISTAYC.OF 409.14 FEET'rim FORIX SE°4%'OS'E A DI STAWU OF 235.20 FEEL Ti0CE WVTH W036-4G"EAR A N STAGE OF 40 f,51 FEET TO A C 4N "I IT CN T 1NE NESYE0.Y LINE OF THE AFURDINT I OXEO DELI GATED NOW To.CE MOM sN0 Sc,.20 EST A DISTANCE OF 10.0 FEET 10 A POINT OF WRY ATOUEt T11[MW .DXP MUTHERLY KING A WRYE,CO.NILK WESTERLY,MO HAYING A RADIUS OF S)i.CV FEET P A NSTMCL OF..43.23 FELT TO THE PLACE OF OEGI%NINO.q— N �W[ T l5w•dpaO / i I �1 4 PC ACF. OF 9F_cINN y"- i R d IL Q b Ld F N m a m � m ry �Z I 22nd STREET Hxlu rf lltll IW HWI,IN Hx I I, ,•, , ,. 1. TINI l:A 1 ..n j .sN N M U rnv 1 In wr Um All - 1 I ` Prlld .f M Wrn,M1ell. \\'IUII'I'n.Y,GUMI'ANl' !� ,Y � ��aa..JJ A.H IUC 7. ANON TEGTq•NNOINR6Nq y 11Uw,IM ImW r.lwal.14. dnY nF�tr w�a.R) HUNVGYO Ixl+V,1 )r9GT I" _ I JOHN S.LORa RICHARD K.DECKER y B.BISSELL MAX E.MEYER RA LL �,,,! `/' _ -- �t.�•r -r'L./ RAYMOND MOND WEARING CHARLES H. .AMD M. MI NEWELL R.BOARDMAN W BRICEN MILLER GORDON R.CLOSE JOHN G.SMITH EDWARD 0.HAYES WILBUR S.LEGO THEODORE C.DILLE't JAMES R.WIMMER GRAYDON H.ELLIS FORREST L.TOZER LO R©, BISSELL & ®R OO K HEFBERT C.BROOK ROBERT P.COLE `, STEPHEN A.MILWIO RICH..RD E.MUELLER'"^"°, ,: .�':f_�-e rt-.. 135 SOUTH LA SALLE STREET WILLIAM H.HILLIER WILLIAM K.JOHNSON,' DAVID M.GOOOER -E. '" THOMAS P.HEALY WILLIAM P.BUTLER CHICAGO 3 RODNEY F.WILKEN GEORGE C.MrCARTHY ` tt ` t a AREA CODE 312 LOUIS F.SCHAUER JEAN ALLARO ttt 4. s �, JAMES J.WALSH JOHN T.ANDERSON o ` !} ! TELEPHONE 346.7475 C.ROY PETERSON RICHARD J.KEMPZR A C.MCANERSTORN HAROLD L.JACOSSON THOMAS L.STEVENS J�T LLOYD CUSHMAN WARREN CeNGERSINE JOHN R C.ZACtNAN `�/Ir,,1_..� dt-.,, 1 couMtu JOHN K,OCONNOR PAUL C.BLUME RICHARD C.VALENTINE LEBTER C.ZAC2EK May 26, 1962 THOMAS P.POWERS CLARK C.KIN..G.JR. �5�0/KENNEN E.WIESE JOHN F.CNEARA e JOHN P.MACRAE RICHARD E.THOMPSON RICHARD C.CONKN VI U RGINIA L.OUNLAP ^°'t ^�L*•'fm4►,;,.- ..' °'d`....= 'ra � .:,' '4+ 3 Miss Agenes O"Brien Village Clerk Village of Oak Brook Oak Brook Road Oak Brook, Illinois Dear Mies O'Brien; Enclosed is an application of Butler Company for a variation to permit a front yard in depth of less than the 100 foot front yard required by sub-paragraph B-5(a) of Section VIII of the Oak Brook Zoning Ordinance, on 2. 3 acres of property south of and agjoining the Oak Brook Utility Company temporary sewer treatment plant. Also enclosed is a form of notice which we have prepared shouid the Zoning Board of Appeals wish to use it in publishing a notice of the hearing on the application. The notice should be published on June Z, 1962 at the latest so it will probably be necessary to get the notice to the newspaper on Tuesday. Would you please forward the application and notice to the Zoning Board as required by Section XI-E of the Zoning Ordinance. Thank you very much for your cooperation. Yours very truly, LORD, BISSELL & BROOK By TPH/saw �; Attorneys for Butler Co ,ay i APP'11CATiON FOR VARIATION FROM REGULATIONS CONTAINED IN SECTION VIII OF THE OAK BROOK ZONING ORDINANCE TO: Zoning Board of Appears Village of Oak Brook, Illinois Pursuant to Section XI-E of the Oak Brook Zoning Ordinance, Butler Company, (Applicant), hereby applies for a variation to permit a front yard in depth less than the 100 foot front yard required by sub-paragraph B-5(a) of Section VIII of the Zoning Ordinance on property own,--d by Applicant's wholly-owned sub- sidiary, M-1, fnc., and crates: 1. The property is a roughly rectangular 2.3 acre tract of land in the northwest quadrant of the intersection of York Road and C:ermak Road. It fronts on a curve on the west side of the service road recently dedicated by M-1, Inc., and lies southerly of and adjacent to the Oak Brook Utility Company temporary sewage treatment plant. The property is approximately 235 feet in width and has an average depth of approximately 450 feet. 2. The property located in an M Limited Manufacturing District and is legally described as follows: That part of the Southwest Quarter of Section 24, Township 39 North, Range 11 East of the Third Principal Meridian, Du Page County, Illinois being more fully described as follows, to wit: Commencing at the Southeast corner of the Southwest Quarter of said Section 24, thence South 89°3612561 West along the South line of the Southwest Quarter of said Section 24, said line also being the center- line of 22nd Street a distance of 1185.0 feet; thence north 0023135/1 West a distance of 182.09 feet to a point of curvature, the aforemen- tioned line also being the Westerly line of a dedicated road, recorded March 21, 1962 as Document No. R62-7996; thence Northerly along a curve, convex Westerly, and having a radius of 304.66 feet, a distance of 49.22 feet to a point for a place of beginning; thence North 400061461, West a distance of 488.14 feet; thence North 52043/5511 E a distance of 235.29 feet; thence South 40006146F1 East a distance of 403.51 feet I to a point on the Westerly line of the aforementioned dedicated road; thence South 54036'25"West a distance of 10.0 feet to a point of curva- ture; thence Southerly along a curve, convex Westerly, and having a radius of 304.66 feet a distance of 243.23 feet to the place of beginning. The above described property is outlined in red on the plat of survey attached here- I to and made a part hereof as Exhibit A. 3. Applicant has contracted to sell the property to a purchaser who in- tends to erect and operate thereon a modern, attractive one-story plant with office space in the front and light manufacturing activity in the rear or northwesterly portion of the building. The building will have approximately 40,000 square feet of floor space, and will be used for the manufacture of water purifiers and chlor- inators. The contract is contingent upon the granting of the requested variation. 4. The proposed building will be constructed so that the sides are parallel to the side and rear lot lines. As a result, the front yard area will be very irregular in shape with the southerly part of the front yard approximately 70 feet deeper than the northerly part of the front yard. S. The pertinent provision of the Zoning Ordinance requires that there be a front yard not less than 100 feet in depth on the property. (Sub-paragraph 5(a) of Section S M). Applicant requests a variation from this provision to permit a front yard of not less than 80 feet in depth and in support of this request further states: a. The 100 foot front yard requirement as applied to the property would require a curved front yard measured 100 feet from the curvedfront lot line. The required yard would contain 24,850 square feet. A building constructed with its sides parallel to the rear and side lot lines would touch the required front yard at only one point with the result that the actual yard area in front of the building would exceed 28,000 square feet and would be more than 3,100 feet larger than is con- templated by the ordinance for a parcel of the same width. b. If the building is located so that it is 80 feet from the front lot line at its closest point, the portion of the building which would fall within 100 feet of the front lot line would have an estimated area of about 900 square feet. However, the variation, if granted, would permit the construction of an additional 3,200 square feet of limited manufacturing space at the rear of the building or the addition of - 2 - 3,200 square feet of offstreet parking space in the rear yard. c. The practical effect of the front yard requirement of the Zoning Ordinance when applied to this small parcel is to require an unusually large front yard area, with the result that the property will be less suitable for many uses appropriate to a parcel of like acreage located in a M Limited Manufacturing District. d. The front yard requirements of the Zoning Ordinance, make it impractical to construct and operate an appropriate limited manufacturing business on Applicant's property and will produce a particular hardship on the owner and not a mere inconvenience. I j e. Applicant's property cannot yield a reasonable return if permitted to be used only under circumstances which would require a 100 foot front yard setback as indicated by the refusal of Applicant's contract purchaser to acquire the property unless the requested variation is granted. f. Appl'icant's position is unique in that its property is located on a curved road which requires an irregularly shaped front yard area. g. The variation requested will, if granted, not alter the essential character of the locality but will enhance the appearance of the neighborhood by permitting the erection of an attractive, modern and valuable building with a front yard area containing substantially the same number of square feet as minimum curved front yard required of a lot of the same width by the ordinance. h. The particular size and shape of Applicant's property will bring a particular hardship upon the applicant, as distinguished from a mere inconvenience, if the Zoning Ordinance were enforced to require a front yard area of over 28,000 square fee on this property. i. The conditions upon which this application is based will not be ap- plicable generally to other property within the same zoning classification, because this property does not front on a major street and does front on a curved section of a minor street in the nature of a service drive. - 3 - I j. The purpose of the requested variation is not based exclusively upon a desire to make more money. instead, the purpose is to permit the most feasible and economic use of the property in keeping with the general character of the locality. k. The granting of the requested variation win not be detrimental to the public welfare or injurious to r -or property or improvements in the neighbor- hood. 1. The proposed variation will permit the highest and best use of Applicant's property instead of having it remain vacant. Such variation will permit the erection of a structure on the premises which will be beneficial to the public welfare, will increase the value of the property within the neighborhood, will add substantially to the taxable property within the village and will not impair an adequate supply of light and air to adjoining property, or substantially increase the danger of fire or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. Applicant respactfully requests a hearing on this application at the June meeting of the Zoning Board of Appeals upon publication of proper notice, and offers to submit any additional information that may be requested. Dated at Oak Brook, Illinois, this 24th day of May, 1962. LORD, BISSELL EG BROOK By Attorneys for Butler Com and M-.1, Inc. - 4 -