S-906 - 07/14/1998 - SPECIAL USE - Ordinances ORDINANCE 98-ZO-SU-S-906
AN ORDINANCE GRANTING A SPECIAL USE FOR
DRIVE THROUGH PRESCRIPTION PICK UP
(2205 22nd Street, Oak Brook, IL 60523)
WHEREAS,the contract purchaser of the property at 2205 22nd Street has applied to the Village
for a special use to permit construction of two drive-through lanes for prescription pick-up; and
WHEREAS, the Plan Commission on May 18, 1998 recommended approval of the requested
special use subject to certain conditions; and
WHEREAS, a public hearing thereon was conducted by the Zoning Board of Appeals of the
Village of Oak Brook on June 2, 1998 pursuant to due and appropriate legal notice; and
WHEREAS, the Zoning Board of Appeals recommended approval of the requested Special Use
subject to certain conditions; and
WHEREAS,the President and Board of Trustees have reviewed the recommendations of the
Zoning Board of Appeals and Plan Commission 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, subject to the
conditions set forth 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.
Section 2: That a special use, pursuant to Section VII(E)(2)(c) of the Code of Ordinances of the
Village of Oak Brook is granted to permit the construction of two drive-through lanes at the property
commonly known as 2205 22nd Street and legally described as follows:
Lot 1 (except the West 144.79 feet thereof) and (except that part beginning at the point
of intersection of the North line of said Lot 1 and the West line of Midwest Road; thence
South 0 degrees 24 minutes 59 seconds West along said West line of Midwest Road a
distance of 30.31 feet; thence North 89 degrees 35 minutes 01 second West 10.00 feet;
thence North 0 degrees 24 minutes 59 seconds East 29.97 feet to the North line of said
Lot 1; thence North 88 degrees 27 minutes 28 seconds East along said North line of Lot
1 a distance of 10.01 feet to the place of beginning) and that part of Lot 3 lying East of
the East line of the West 144.79 feet of said Lot 1 extended South, in Lestak's 22nd
Street Assessment Plat in the Northwest Quarter of Section 27, Township 39 North,
Range 11, East of the Third Principal Meridian, according to the plat thereof recorded
December 19, 1956 as Document 827346 in DuPage County, Illinois. Permanent
Parcel No. 06-27-100-019.
Section 3: That the special use permit herein granted pursuant to Section 2 of this Ordinance is
expressly subject to compliance with the following conditions:
i
,
ORDINANCE 98-ZO-V-S-905
AN ORDINANCE GRANTING A VARIATION FROM
THE PROVISIONS OF SECTION VIII(E)(4)(b) OF
THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK
RELATIVE TO REQUIRED FRONT YARDS
(2205 22nd Street, Oak Brook, IL 60523)
WHEREAS, an application has been filed requesting a variation from the provisions of Section
VIII(E)(4)(b) to permit construction of a building reducing the required front yard setback from 100 feet to
73 feet, 10 inches; and
WHEREAS, a public hearing on such application has been conducted by the Zoning Board of
Appeals of the Village of Oak Brook on June 2, 1998 pursuant to due and appropriate legal notice; and
WHEREAS, the Zoning Board of Appeals made findings that the applicant satisfied the
standards for the grant of a variation; and
WHEREAS, a recommendation has been made by said Zoning Board of Appeals that the
variation requested be granted; and
WHEREAS, the Village President and Board of Trustees concur with the recommendation made
by the Zoning Board of Appeals;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as
though fully set forth herein.
Section 2: That a variation is hereby granted from the provisions of Section VIII(E)(4)(b) so as to
permit construction of a building, reducing the 22nd Street front yard setback from 100 feet to 73 feet, 10
inches, subject to the following conditions and restrictions:
a. That the building be constructed in substantial conformance with the Site Plan prepared
by Stewart Nosky Architects, Ltd., dated April 14, 1998 and incorporated herein by
reference.
b. That the applicant substantially complete the building on or before July 14, 2000.
C. That upon the applicant's failure or refusal to comply with the above conditions, this
grant of variation shall automatically be null and void without further action by the Village
Board.
Section 3: That this Ordinance is limited and restricted to the property located at 2205 22nd
Street, Oak Brook, IL.
Ordinance 98-20-V-S-905
Granting a Front Yard Setback
Variation, 2205 22nd Street
Page 2
Section 4: That this ordinance shall be in full force and effect from and after passage and
approval pursuant to law.
PASSED THIS 14th day of July, 1998
Ayes: Trustees Bartecki, Caleel, McInerney, Savino and Shumate
Nays: __None
Absent: Trustee Kenny
Abstain: None
APPROVED THIS 14th day of July, 1998
Village President
ATTEST:
Village Clerk
Appro d as to Form:
7t^&U_C� 6_.
Village Attorney
Published
Date Paper
Not Published XX
Applicant: B.G.P. Oak Brook, L.L.C.
c/o Terraco, Inc.
Address: 8707 Skokie Blvd., #303
Skokie, IL 60077
PIN No. 06-27-100-019
Lot 1 (except the West 144.79 feet thereof) and (except that part beginning at the point
of intersection of the North line of said Lot 1 and the West line of Midwest Road; thence
South 0 degrees 24 minutes 59 seconds West along said West line of Midwest Road a
distance of 30.31 feet; thence North 89 degrees 35 minutes 01 second West 10.00 feet;
thence North 0 degrees 24 minutes 59 seconds East 29.97 feet to the North line of said
Lot 1; thence North 88 degrees 27 minutes 28 seconds East along said North line of Lot
1 a distance of 10.01 feet to the place of beginning) and that part of Lot 3 lying East of
the East line of the West 144.79 feet of said Lot 1 extended South, in Lestak's 22nd
Street Assessment Plat in the Northwest Quarter of Section 27, Township 39 North,
Range 11, East of the Third Principal Meridian, according to the plat thereof recorded
December 19, 1956 as Document 827346 in DuPage County, Illinois. Permanent
Parcel No. 06-27-100-019.
6. ITEMS REMOVED FROM OMNIBUS AGENDA: None.
7. ACTIVE AGENDA (Items For Final Action):
A. APPOINTMENTS: OAK BROOK SAFETY PATHWAY APPOINTMENTS:
COMMITTEE:
OAK BROOK
Motion by Trustee Caleel, seconded by Trustee Savino, to re-appoint SAFETY PATHWAYCOMMITTEE
the following to the Oak Brook Safety Pathway Committee with their
three-year terms expiring June 30, 2001:
Heidi Huizenga-Northwest Quadrant HUIZENGA
Tom Richardson-Northeast Quadrant RICHARDSON
Tom Doyle - Southeast Quadrant DOYLE
MC HANE
Steve McShane - At-Large Member HAARSNN
John Hartmann-Northeast Quadrant
VOICE VOTE: Motion carried.
B. ORDINANCES & RESOLUTIONS:
0ORDINANCE 98-ZO-V-S-905 AN ORDINANCE ORD. 98-Z0-V-
GRANTING A VARIATION FROM THE PROVISIONS OF S-905
SECTION V III(E)(4)(b) OF THE ZONING ORDINANCE OF B.G.P. OAK BROOK,
THE VILLAGE OF OAK BROOK RELATIVE TO L.L.C. - ZONING
REQUIRED FRONT YARDS (2205 22nd Street Oak Brook ORDINANCE
VARIATION
IL 60523)
(2205 22nd St.)
Discussed and direction given at the Regular meeting of June 23,
1998 regarding B.G.P. Oak Brook, L.L.C. The ordinance permits
construction of a proposed Walgreens building, reducing the 22nd
Street front yard setback from 100 feet to 73 feet, 10 inches, subject
to the conditions and restrictions listed in Section 2 of the ordinance,
including a sunset date of July 14, 2000 if the work is not
substantially completed by that time.
President Bushy announced the petitioner has formally requested
withdrawal of the zoning variation for a ground sign to be constructed
on the subject property.
Letters were received from C.K. Campbell, President of the Ginger
Creek Community Association, and Margaret A. Bennett, a resident
of the Ginger Creek subdivision, stating their concerns for the
VILLAGIi OF OAK BROOK Minutes 3 of 20 July 14, 1998
landscape and aesthetics, traffic and maintenance of the parking lot of
the subject property.
Walgreen representatives along with their attorney, David Gooder,
were in attendance at the meeting.
Motion by Trustee Savino, seconded by Trustee McInerney, to pass
Ordinance 98-ZO-V-S-905, "An Ordinance Granting A Variation
From The Provisions Of Section VIII(E)(4)(b) Of The Zoning
Ordinance Of The Village Of Oak Brook Relative To Required Front
Yards (2205 22nd Street, Oak Brook, IL 60523)", as presented and
waive the full reading thereof.
Trustee Shumate asked Walgreens to consider a white sign for their
building to be more aesthetically fitting the area. President Bushy
concurred with this request and noted the vagaries of the ordinance.
The Village cannot require a specific sign but urges the company to
consider this request.
ROLL CALL VOTE:
Ayes: 5 - Trustees Bartecki, Caleel, McInerney, Savino and
Shumate.
Nays: 0 - None.
Absent: 1 - Trustee Kenny. Motion carried.
2) ORDINANCE 98-ZO-SU-S-906 AN ORDINANCE ORD. 98-ZO-SU-
GRANTING A SPECIAL. USE FOR DRIVE THROUGH S-906
PRESCRIPTION PICK UP (2205 22nd Street. Oak Brook, IL B•G.P. 0.kK BROOK,
60523): L.L.C. -
SPECIAL USE
(2205 22nd St.)
Discussed and direction given at the Regular meeting of June 23,
1998 regarding B.G.P. Oak Brook, L.L.C. The ordinance permits the
construction of two drive-through lanes at the property commonly
known as 2205 22nd Street, subject to compliance with the conditions
listed in Section 3 of the ordinance, including a sunset date of July
14, 2000 if the work is not substantially completed by that time.
Motion by Trustee Savino, seconded by Trustee McInerney, to pass
Ordinance 98-ZO-SU-S-906, "An Ordinance Granting A Special Use
For Drive Through Prescription Pick Up (2205 22nd Street, Oak
Brook, IL 60523)", as presented and waive the full reading thereof.
President Bushy inquired if Walgreens was considering the sale of
liquor in the proposed establishment.
VILLAGE OF OAK BROOK Minutes 4 of 20 July 14, 1998
!t
• •
Representatives 'indicated Walgreens would not sell liquor in their
proposed location.
ROLL CALL VOTE:
Ayes: 5 - Trustees Bartecki, Caleel, McInerney, Savino and
Shumate.
Nays: 0 - None.
Absent: 1 - Trustee Kenny. Motion carried.
3) ORDINANCE 98-LC-AL-G-613 AN ORDINANCE ORD. 98-LC-AL-
AMENDING SECTION 3-22 OF THE CODE OF G-613
ORDINANCES OF THE VILLAGE OF OAK BROOK, INCREASING THE
ILLINOIS RELATIVE TO THENUMBER OF NUMBER OF LIQUOR LICENSES
AUTHORIZED LIQUOR LICENSES:
Wildfire, Inc. has made application to the Village for a Class A-I
liquor license. Before a liquor license may be issued, the Village
Board would need to create an additional Class A-1 liquor license, as
no additional licenses are currently available.
The establishment will be located at 232 Oakbrook Center. All
documentation requirements have been fulfilled and approved by
Village Attorney Martens. A completed background check has
shown no criminal history of the principals.
President Bushy indicated that with the approval by the Village Board
to create an additional Class A-I liquor license, she will issue a liquor
license to Wildfire, Inc. conditional upon receipt of an occupancy
permit granted from our Building Department.
Motion by Trustee Caleel, seconded by Trustee Bartecki, to pass
Ordinance 98-LC-AL-G-613, "An Ordinance Amending Section 3-22
Of The Code Of Ordinances Of The Village Of Oak Brook, Illinois
Relative To The Number Of Authorized Liquor Licenses", as
presented and waive the full reading thereof; and authorize the
issuance of a Class A-I Liquor License to Wildfire, Inc. d/b/a
Wildfire.
Trustee McInerney asked that the General Manager's information be
completed properly on his application. President Bushy asked that
the two principals, Howard Katz and Robert Loeschorn, meet with
the Liquor Commissioner to discuss the adherence by Wildfire, Inc.
of our Village ordinance relating to Alcoholic Liquor.
VILLAGE OF OAK BROOK Minutes 5 of 20 July 14, 1998
D. APPLICATION FOR CLASS A-3 LIQUOR LICENSE - YORK AT CLASS A-3 LIQUOR
SALT CREEK TAVERN. INC.: LICENSE
YORK AT SALT CREEK
Mr. John Wissel has made application to the Village for a Class A-3 TAVERN, INC.
liquor license. This establishment is located at 3702 York Road. All
documentation requirements have been fulfilled and approved by
Village Attorney Martens. A completed background check of the
principal has been processed. The applicant was in attendance at the
meeting.
Motion by Trustee Kenny, seconded by Trustee Savino, to grant a Class
A-3 Liquor License to York at Salt Creek Tavern, Inc. contingent upon
completion of the liquor license application and approval by the Liquor
Commissioner. ROLL CALL VOTE:
Ayes: 5 - Trustees Bartecki, Caleel, Kenny, McInerney and
Savino.
Nays: 0 - None.
Absent: 1 - Trustee Shumate. Motion carried.
8. DEPARTMENTAL REPORTS: No Business.
t
9. UNFINISHED AND NEW BUSINESS (Final Action Not Anticipated):
A. RECOMMENDATION - ROCCA (3824 YORK ROAD) ZONING ROCCA -
MAP AMENDMENT. VARIATIONS. AND SPECIA USE ZONING MAP A`IENDMENT
HISTORIC GRAUE MILL GATEWAY AREA CERTIFICATE OF VARIATIONS, L-D
APPROPRIATENESS FLOOD PLAIN SPECIAL USE: SPECIAL USE -
HISTORIC GRAUE MILL
GATEWAY ARE.
Tabled at the Regular meeting of May 26, 1998. John Romanelli, CERTIFICATE OF
representing the petitioner, requested the petition be continued to the APPROPRIATENESS
Village Board meeting of September 8, 1998 due to architectural FLOOD PLAI`+ SPECIAL
review and to determine if the Forest Preserve District of DuPaQe USE (3824 York Rd.)
County wishes to purchase said property.
Motion by Trustee Bartecki, seconded by Trustee Savino, to grant the
request of the petitioner and continue this item to the September 8,
1998 Village Board meeting. VOICE VOTE: Motion carried.
B. RECOMMENDATION - B.G.P. OAK BROOK L.L.C. (2205 22ND B.G.P. OAK BROOK
STREET) - ZONING ORDINANCE VARIATIONS AND SPECIAL L.L.C. - ZONING
ORDINANCE VARIATIONS
AND SPECIAL USE
The proposal is for the Andy's Seafood and Steak House property to (2205 22nd St.)
allow redevelopment of the site with a Walgreen's Drug Store facility.
VILLAGE OF OAK BROOK Minutes 9 of 14 June 23, 1998
The Plan Commission and Zoning Board of Appeals have completed
their hearings and have made their recommendations.
The Plan Commission, at its meeting of May 18, 1998, by a vote of 6
to 0, and the Zoning Board of Appeals, at its meeting of June 2, 1998,
by a vote of 5 to 0, recommended approval of the Special Use for a
two-lane "drive-thru for pharmacy prescription pick-up only" as
provided in Section VIII(E)(2)(c) of the Zoning Ordinance. As part of
their motion, the Zoning Board of Appeals included a provision that
on-site directional signage be included to direct traffic wishing to
proceed northbound on Midwest Road to exit via the 22nd Street
driveway to avoid being forced to turn southbound at the right turn
only exit on Midwest Road and then having to execute a U-turn
movement somewhere south on Midwest Road. No one spoke in
favor or in opposition of this request. A letter was received by the
Commission objecting to the plan based on congested traffic in the
area.
The Zoning Board of Appeals, at its meeting of June 2, 1998, by a
vote of 5 to 0, recommended approval of the front setback variation
reducing the front yard from 100 feet as required in Section V(F) of
the Zoning Ordinance to 73 feet, 10 inches and recommended denial
of the variation to permit a ground sign on a lot less than three acres
in area instead of the three-acre lot area minimum as required by
Sections VIII(E)(5) and VIII(C)(5)(h) of the Zoning Ordinance.
Subsequent to the Zoning Board of Appeals action, the petitioner has
revised their sign request and has reduced the size of the sign and
eliminated the attraction board element from it. Several residents
expressed concern of traffic congestion and the signage.
Motion by Trustee Savino, seconded by Trustee Bartecki, to authorize
the Village Attorney to draft the necessary ordinances subject to the
conditions set by the Zoning Board of Appeals of on-site traffic
signage and special use permit; variation to expire within two years
unless substantial construction pursuant to the plans submitted has
occurred on site by BGP Oak Brook L.L.C. ROLL CALL VOTE:
Ayes: 5 - Trustees Bartecki, Caleel, Kenny, McInerney and
Savino.
Nays: 0 - None.
Absent: 1 - Trustee Shumate. Motion carried.
Motion by Trustee Savino, seconded by Trustee Bartecki, to authorize
the Village Attorney to draft the necessary ordinance to grant a front
setback variation reducing the front yard from 100 feet to 73 feet, 10
VILLAGE OF OAK BROOK Minutes 10 of 14 June 23, 1998
/_"
inches; variation to expire within two years unless substantial
construction has occurred on site by BGP Oak Brook L.L.C.
Public comment was given at this time. William Lindeman, 11
Pembroke Lane, asked for the Village Board's consideration that the
color of their signage be in conformity with the standards of the
shopping center east of the location.
Village Attorney Martens clarified that any conditions attached would
have to promote the standards set forth in the variation or could be
considered in the initial motion of the special use permit request.
With respect to the special use request, there is a condition that states
that the use will not cause substantial injury to the value of other
property in the neighborhood in which it is located. Another
condition is the uses located and operated in such a manner as to
protect the public safety, health and welfare. In general, the variation
must not adversely affect the character of the neighborhood.
ROLL CALL VOTE:
Ayes: 5 - Trustees Bartecki, Caleel, Kenny, McInerney and
Savino.
Nays: 0 - None.
Absent: 1 - Trustee Shumate. Motion carried.
David Gooder, representing the petitioner, explained the signage
requested at the site.
Director of Community Development Hawk stated that to grant the
requested ground sign variation for this property may be precedent
setting from which other property owners of similar circumstances
may use to substantiate their own requests.
Trustee Savino recommended that the petitioner has failed to prove
that the requirements for a variation have been met.
Motion by Trustee Savino, seconded by Trustee Bartecki, to deny the
request for a variation to permit a ground sign in a lot less than three
acres in area, as the petitioner has not met the standards for a
variation.
Howard Trier, One Camelot Drive, requested the Village Board
address and retain this important zoning issue of signage in Oak
Brook.
VILLAGE OF OAK BROOK Minutes 11 of 14 June 23, 1998
LZ," �� '�
Timothy Stewart, architect for the petitioner, Stewart-Nosky
Architects, Ltd., stated the property itself has caused the hardship,
and the applicant would like the ability to put a sign on the property.
Village Manager Veitch clarified that the ordinance provisions that
establish the standards applicable to variations are taken from State
Statute, for alleged hardship cannot be created by any person
presently having an interest in the property. This is a limitation on
the Village in taking into account the history of a property.
ROLL CALL VOTE:
Ayes: 5 - Trustees Bartecki, Caleel, Kenny, McInerney and
Savino.
Nays: 0 - None.
Absent: 0 - None.
Abstain: 1 - Trustee Shumate. Motion carried.
C. BARBARA (25 BREAKENRIDGE FARM ) APPEAL OF BARBS - APPEAL OF
BUILDING INSPECTOR DETERMINATION & TEXT BUILDING INSPECTOR
AMENDMENT - FENCE DEFINITION: DETERMINATION AND
TEXT AMEN-DMENT -
The Plan Commission and Zoning Board of Appeals have completed FENCE DEFINITION
their hearings of the proposed Text Amendment to revise the (25 BreakenridgeFarm)
definition of fence and both have recommended approval of the
following definition as amended to specify a 28-inch height
limitation:
"Fence - a structure having a structure height greater than 28
inches and used to delineate a boundary or as a barrier or as a means
of confinement or for confinement."
No one spoke in favor of or in opposition to the text amendment at
the May 18, 1998 Plan Commission meeting. At the Zoning Board of
Appeals meeting of June 2, 1998, Robert Waite, President of the
Fullersburg Woods Area Association, read a letter recommending
retainage of the wall.
Trustee Savino commented that passage of this text amendment
would permit residents to install a similar type of landscape wall.
Chairman Caleel recommended a comprehensive definition and
restriction in terms of R-1 and R-2 Districts needs to be determined
and should be remanded to the Plan Commission and Zoning Board
of Appeals.
VILLAGE OF OAK BROOK Minutes 12 of 14 June 23, 1998
0
70 48.
.
LORD . BISSELL & BROOK
115 SOUTH LA SALLE STREET
CHICAGO. ILLINOIS 60603 LOS ANGELES OFFICE
300 50UTH GRAND AVENUE. 8TH FLOOR
13121 443-0700 LOS ANGELES. CALIFORNIA 90071-3200
2.31aS5-1500
CABLE: LOWIRCO CGO TELECOPY X2131 4a5-1200
TELEX: 25-3070
ATLANTA OFFICE
TELECOPY: 13121 —3-0336 ONE ATLANTIC CENTER
1201 W PEACH TREE STREET. SUITE 3700
ATLANTA. GEORGIA 30309
4041 870-4600
TELECOPY'. 14041 872-SS—
July 13. 1998 LONDON OFFICE
LLOYD S. SUITE 99S
1 LIME STREE-
LONDON EC3M 700 ENGLAND
0171.327.453-'+
TELECOPY 0171-929-2250
Mr. Thomas Hawk
Director of Community Development
Village of Oak Brook
1200 Oak Brook Road
Oak Brook. IL 60523
Re: Petition Application for Public Hearin, by BGP Oak Brook. L.L.C.
for Property at 2205 W. 22nd Street
Dear Tom:
Niv client. BGP Oak Brook. L.L.C.. has asked me to inform you that it has reached
agreement %with Walgreens to withdraw my client's request for a zoning variation for a around
sign to be constructed on the subject property.
Please inform President Bushv and the Village Attorney. Richard Martens. that the sign
request is hereby withdrawn. Please call me if you have any questions.
Sincerelv vours.
L B�ISSELL, 0K%
a�.
LORD, BISSELL & BROOK
115 SOUTH LA SALLE STREET
CHICAGO, ILLINOIS 60603 LOS ANGELES OFFICE
300 SOUTH GRAND AVENUE,STH FLOOR
(312) 443-0700 LOS ANGELES,CALIFORNIA 90071-3200
1 2131 485-1500
CABLE: LOWIRCO CGO TELECOPY:(213)485-1200
TELEX: 25-3070 ATLANTA OFFICE
TELECOPY: (312) 443-0336 ONE ATLANTIC CENTER
1201 W. PEACHTREE STREET,SUITE 3700
ATLANTA,GEORGIA 30309
1100 Jorie Blvd. Suite 243 14041870-4600
TELE C OPY:(404r 872-5547
630/990-0561 Oak Brook, IL 60523 LONDON OFFICE
LLOYD'S,SUITE 995
1LIME STREET
LONDON EC3M 7DO ENGLAND
--
017t-327-4534
June 22 , 1998 TELECOPY:0171-929-2250
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523
Att ' n ; Thomas Hawk
Director of Community Development
Re : Petition Application for Public
Hearing by BGP Oak Brook, LLC
for the Property at 2205 W. 22nd
Street
Dear Tom :
Delivered herewith are two (2) revised designs
for the proposed sign at the southwest corner of West 22nd
Street and Midwest Road for which I delivered to you on
June 16th a letter outlining the changes that were under
consideration.
Sine'rely yours ,
David M. Gooder
DMG ; pg
Enc
�Os
•
N
o N n
o SEE 15/P-1
r, il) FOR PANEL TYPE.
1� N
12'-6'
5' X 5' X14' 5' X 5' X14'
mI ELECTRICAL
3'-6- I ELECTRICAL
CONTROL . 3'-V
❑NTR❑L B❑X.J,IC
N T/F❑UNDATI❑N T/F❑UNDATI❑N
AL aL
s ELEVATION SIGN LIGHTING 9 ELEVATION
P-1 P-t
i '
O
I
Vil
�. .�,.
y
F —
�1 E:Fv*^J. S?'✓.C[L'- ?`[. /� CCFyr'J. F If A gg ��
NOT USED
tJ t�Jam• m�.�� �����r � '
L ,
SfC-.7• Df r•[L .eau. ... C
0 1
vEb pE rAy COL ORSL •-s .��� {.., t
ATTRACTION INSERT TYPES
gCrL DF?•4 - - L
-- --,Y- GE NERAL NOTES-
Ci
q..n[+Q•
f a� .
Sena.
.wr.or i of r•Q aaam .•.gym. iu,e,. u�'�s..ou.. m...r:�
cd
Lfesam'�'• pwC`T?.Ur.•��N�TA4�� .-. _r..r. CTII+7. - vvuuryanuvs a .re.oer®am�u.0m.,.sean..aa.sr■Mo�►+*....ac..nuanvanmmreseoei wns roceuanw.�murunu.e.ouaa aaan a...a+v.�rrm.ntonmu.¢•raa.or.mnus�-sscsr e r.nnrrs..au.aemms.t�n.vsma.s+rawva.se.oa v.e��+rm.r.m v.mro vmr.me.e..-as�:.r.csn.a.na rm aE aaa1eawa.serwi.ce��.m.e.m+.�.aeyE.ca z.v�uc..v.�osw.�q.+.mo+n.n.ooaf.aana,es�o.mwit nC13QJ
NGT USED STRUCTURAL GENERAL NATES
o
a' U �
m
i u UNC uznLcnsr f e� CC °
'
g
p U]
e
► • PGE OF 04.t
VL
o
O y ,
G
20
9CF001i
NiV \\�`
VILLAGE OF OAK BROOK
1 2 0 0 OAK BROOK R O A D
OAK BROOK , ILLINOIS 60523 - 2255
PHONE: 630 990-3000
FAX: 630 990-08 76
MEMO
June 18, 1998
TO: President and Board of Trustees
FROM: Tom Hawk, Director of Community Developmen
SUBJECT: B.G.P. Oak Brook L.L.C. - 2205 22nd Street
Zoning Ordinance Variations - Special Use
The Plan Commission and Zoning Board of Appeals have completed their hearings and have made
their recommendations.
The Plan Commission, by a vote of 6 to 0, and the Zoning Board of Appeals, by a vote of 5 to 0,
recommended approval of the Special Use for a "drive-thru for pharmacy prescription pick-up only."
As part of their motion the Zoning Board of Appeals included a provision that on-site directional
signage be included to direct traffic wishing to proceed northbound on Midwest Road to exit via the
22"d Street driveway to avoid being forced to turn southbound at the right turn only exit on Midwest
Road and then having to execute a U-turn movement somewhere south on Midwest Road.
The Zoning Board of Appeals, by a vote of 5 to 0, recommended approval of the front setback
variation reducing the front yard from 100 feet to 73 feet and recommended denial of the variation to
permit a ground sign on a lot less than three acres in area. Subsequent to the Zoning Board of
Appeals action, the petitioner has revised their sign request and has reduced the size of the sign
and eliminated the attraction board element from it. (See Dave Gooder's letter dated June 17, 1998,
on page 17 of the petition file).
If it is your wish to proceed toward approval of this proposal it would be appropriate to pass
a voice motion(s) authorizing Attorney Martens to draft the necessary ordinances. Please
include in your motion your direction on each of the requests, the Special Use, the front yard
variation and the sign variation.
BOT-B.G.P-Walgreens.REC
June 18, 1998
President Bushy and Board of Trustees
RE: B.G.P. Oak Brook L.L.0
Page Two
Background
Please review my May 14, 1998, Memorandum (pages 9-9a of the petition file) for a more detailed
evaluation of this proposal.
Comment
With respect to the Special Use, I do not perceive any likelihood of detrimental effects due to the
limitation to pharmacy pick-up and anticipated frequency of usage.
The front setback variation is driven by the shallow depth of the property and the 100 foot
extraordinary setback requirement off of 22nd Street. To adhere to the 100 foot requirement would
probably discourage any single tenant development and lead to a multi-tenant strip development.
The ground sign request, if approved, may be seen by other B-1 and B-3 properties under 3 acres
as precedent setting. There are several such properties in the Village and I have been approached
by several of them over the last few years regarding the possibility of ground signage for their
properties.
TRH/gp
cc: Petition files
BOT-B.G.P-Walgreens.REC
w
OF 04.t
:�P X90
� o
o y
G
9c��o1i
Htr
VILLAGE OF OAK BROOK
1 2 0 0 OAK BROOK ROAD
OAK BROOK , ILLINOIS 60523 - 2255
PHONE: 630 990-3000
FAX: 630 990-0876
June 17, 1998
President Bushy and Board of Trustees
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523
RE: B.G.P. Oak Brook L.L.C. - 2205 22nd Street - Zoning Ordinance Variations
and Special Use
Dear President Bushy and Board of Trustees:
The Zoning Board of Appeals at its meeting on June 2, 1998, held the required Public
Hearing for the B.G.P. Oak Brook L.L.C. proposals for the redevelopment of the Andy's
Steak and Seafood House property.
The Zoning Board of Appeals was in receipt of the Plan Commission recommendation
approval regarding the Special Use for the "drive-thru for prescription pick-up only."
There was considerable testimony by the public primarily surrounding two issues —the
traffic exiting onto Midwest Road and in objection to the sign with its attraction board
provision.
The Zoning Board of Appeals made the recommendations on the three issues separately.
The Zoning Board of Appeals having found the drive-thru Special Use consistent with the
Zoning Ordinance Standards passed a motion by a vote of 5 to 0 recommending approval
of the Special Use for a "drive-thru for pharmacy prescription pick-up only."
This motion incorporated the following condition. On-site traffic signage will be
incorporated to alert customers wishing to travel north on Midwest Road to use the 22"d
Street exit.
x
June 17, 1998
President Bushy and Board of Trustees
RE: B.G.P. Oak Brook L.L.C. - 2205 -22"d Street
Page Two
The Zoning Board of Appeals, having found the front setback variation consistent with the
Zoning Ordinance standards for variations, passed a motion by a vote of 5 to 0,
recommending approval of the reduction of the front setback along 22nd Street from 100
feet to 73 feet.
Finally, the Zoning Board of Appeals passed a motion by a vote of 5 to 0, recommending
denial of the request for a ground sign on a lot less than three acres in area.
Very truly yours,
Champ avis
Chairman
Zoning Board of Appeals
cc: Petition file
/4fW'b
i 0
LORD, BISSELL & BROOK
115 SOUTH LA SALLE STREET
CHICAGO, ILLINOIS 60603 LOS ANGELES OFFICE
300 SOUTH GRAND AVENUE,STH FLOOR
13121 443-0700 LOS ANGELES,CALIFORNIA 90071-3200
12131 485-1500
CABLE: LOWIRCO CGO TELECOPY:12131 485-1200
TELEX: 2S-3070
ATLANTA OFFICE
1100 EL COPY, '3'2B443336 ONE ATLANTIC CENTER
Jorge oulevard 1201 W. P EACHTREE STREET,SUITE 3700
ATLANTA, GEORGIA 30309
Suite 243 14041 870-4600
630/990-0561 Oak Brook, IL 60523 TELECOPY:1404) 872.5547
LONDON OFFICE
LLOYD'S, SUITE 995
I LIME STREET
LONDON EC3M 7DO ENGLAND
0171-327-4534
June 16 , 1998 TELECOPY:0171-929-2250
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523
Att ' n : Thomas Hawk
Director of Community Development
Re : Petition Application for Public Hearing
by BGP Oak Brook, LLC , for Property at
2205 W. 22nd Street
Dear Tom:
My client has had some extended discussions with Walgreens
with regard to the sign which was requested for the northeast corner
of the subject property , the variation for which the Zoning Board of
Appeals on June 2 , 1998 , recommended not be approved . My client has
obtained approval from Walgreens for changes in the sign presented to
the Zoning Board of Appeals as follows :
1 . The reader board below the principal sign will be eliminated .
2 . The lowest part of the principal sign will be 8 feet above
ground grade rather than 12 feet and the highest part will
be 11 feet above ground grade rather than 16 feet .
3. As before, the principal sign will be double faced . However,
its total gross surface area will be reduced from 95 square
feet to 75 square feet .
It is , therefore, requested that the Board of Trustees grant
a variation for such a sign at the northeast corner of the subject
property.
Res
,.prectfVlly yours ,
Davi M. Gooder
DMG :pg
cc D . Bean
S. Gendell
•
VILLAGE OF OAK BROOK
ZONING BOARD OF APPEALS MINUTES
June 2, 1998
L CALL TO ORDER
The meeting was called to order at 7:41 p.m.
MEMBERS PRESENT: Chairman Champ Davis
Members Louis Aldini
Richard Ascher
Adam Butler
Hans Hasen
MEMBERS ABSENT: Dorothy Dosedlo
Manu Shah
ALSO PRESENT: Director of Community Development Thomas Hawk
A quorum was present.
ll. APPROVAL OF MINUTES
Member Butler moved, seconded by Member Hasen, to waive the reading of the April 7, 1998,
regular Zoning Board of Appeals meeting minutes and to approve them as written.
0.
CE VOTE: All in favor. Motion carried.
Ill. B.G.P OAK BROOK L.L.C. — 2205 22ND STREET— ZONING ORDINANCE
VARIATIONS— SPECIAL USE
David Gooder, Attorney for the petitioner B.G.P. Oak Brook L.L.C., the contract/purchaser of the
property known as Andy's Steak and Seafood House. They intend to demolish the existing structure
and replace it with a new Walgreens Drug Store. He reviewed the surrounding properties and
adjacent zoning.
It is a very narrow lot, 220 feet north to south. After the 100 foot requirement was adopted in the
Ordinance, it would be very difficult to build anything on the property without asking for some relief.
Walgreens has spent decades evolving the design for their stores along with the internal layout and
display of the their merchandise. He described the site plan, drive-thru, and entrance and exits to the
store.
ZONING BOARD OF APPEALS Minutes June 2, 1998
7
s
s • •
They are proposing to build a one-story structure about 14,000 square feet. In this zoning district the
Ordinance permits a 1.2 F.A.R. If they were to build what was permitted, there would be a 93,000
square foot, three-story development. That is about 5 times more than Walgreens is proposing.
This allows an opportunity to give this site a minimum development without the 1.2 F.A.R. If it was
developed as a 90,000 square foot office building, there would be a places for 300 cars to park. It's
hard to imagine what the rush hour traffic flow would be like in that area. This development does not
draw most of its traffic at rush hour. It scatters it through the day and into the evening. This corner
can be developed to minimize the amount of traffic during rush hour.
They are seeking a Special Use permit to allow the drive-thru for pharmacy pick-up only, which has
been approved by the Plan Commission.
Tim Steward, Architect for the project, said the access point on Midwest Road is a three-point access
from the project, it is a right turn out, right turn into the project and a left turn in. There is no left turn
out of the project. The DuPage County Traffic Department has reviewed the preliminary plan and
responded that it is satisfactory.
The Ordinance authorizes drug stores as a permitted use. For permitted uses it allows drive-thru
establishments as a special use. This facility needs a drive-thru facility to assist those who have
trouble walking, or who have young children with them in the car, or for those who wish to reduce the
time that it takes to come in and pick up their prescriptions. The planned facility will be designed,
located and proposed to be operated so that the public health, safety and welfare will be protected. It
will not cause any injury to the value of other property in the neighborhood. They believe it meets the
requirements of the Ordinance for a Special Use and requests its approval.
Bill Lindeman, resident said that he has concerns relating to the traffic generated by the drive-thru.
Since a left hand turn is not allowed on Midwest Road, people will turn right going south onto Midwest
Road when they cannot turn left to go north, then go down to the entrance at Ginger Creek or to
Kimberly in Brook Forest to turn around to go back north on Midwest Road.
Tim Steward said that the change was made at the request of the County Highway Department.
They thought the left hand turn was too dangerous because of its proximity to the shopping center
across Midwest Road. They felt the change would prevent people from trying to make a cross along
all lanes of traffic to the entrance that is just a little north of there.
Hawk suggested placing on-site signage near the exit to direct traffic heading for eastbound 22nd or
northbound Midwest Road to use the 22nd Street exit. It would help discourage people from making
the mistake of going south when they wanted to go northbound. Gooder noted that the plan has
received approval after it was redesigned at the suggestion of the County Highway Dept.
Douglas Beam, Vice President, Terraco, was sworn in and said that Walgreens will typically draw
from a two mile radius dependent upon how dense the market is, which is a good comparison for this
area. Most of the residential traffic that comes through will be coming from the South. The drive-thru
traffic they are discussing is only five per hour, a very minimal amount.
Chairman Davis asked if there were any conditions that could be imposed to see if a problem might
exist later. Hawk said that it would be difficult to determine where the people would be coming from.
Adding on-site directional signage will encourage people to go the right way. Once people make a
mistake, they tend not to again due to the inconvenience because of the length of the distance
traveled to turn around.
ZONING BOARD OF APPEALS Minutes June 2, 1998
Gooder noted that another Walgreens is located at Roosevelt and.Midwest Roads.
Chairman Davis said the issue before the Zoning Board of Appeals is for a Special Use for the
operation of a drive-thru facility in accordance with the proposed site plan.
Member Ascher moved, seconded by Member Hasen, that the petitioner has satisfied the
requirements as required by the Ordinance to recommend approval of the Special Use Permit for a
two lane drive-thru for prescription pick-up only as provided in Section 8 (e) (2) and subject to the
condition of the placement of control signage to direct northbound Midwest Road traffic to the 22nd
Street exit.
ROLL CALL VOTE: Ayes: 5 - Aldini, Ascher, Butler, Hasen, and Davis
Nays: 0 - None.
Absent 2 - Dosedlo and Shah.
Absent: 0 - Motion Carried.
David Gooder reviewed the variation requests. The problem has been created by the narrowness of
the lot, which is not similar to other properties along 22nd Street. Walgreens carefully planned the site
to find a workable solution that will fit on the lot and adequately provide access for emergency
vehicles and traffic flow.
Tim Steward said the proposed site plan will be the friendliest, least dense proposed development
that might ever be presented on the site. The existing zoning allows for a more dense use, but they
are proposing a very limited use with an F.A.R. of .177. They have met the parking allowance plus
added ten additional spaces. They have met the green area requirements for the space. To the
north of the property line to the curb of 22nd Street is an additional sixty feet of green space. They
believe it is the best plan for this area.
Gooder said that the character of the locality will not change and will in fact be enhanced.
No one in the audience spoke in support of or in opposition to the proposed request.
Member Ascher questioned if the lot had previously been split by the owner of Andy's. Hawk noted
that Andy's Steak House was granted several variations. Andy's is located well into the required front
yard on both 22nd and Midwest Road. Over a period of years 8 or 10 different relief's have been
granted to the Steak House for additions, parking, and some were caused by takings by the County
and or the State along 22nd Street and Midwest Road. The original restaurant structure has been in
the required front yard from the time of annexation into the Village. The Andy's property is as it was
at least since annexation.
Chairman Davis said that the plight was created before the property was annexed into the Village by
a previous owner.
Joe Nessel, resident, said that the Boroughs building was originally part of the Lestak property.
Carl Manofsky, resident from Covington Court, asked what is the existing setback from 22nd Street.
Gooder noted that the setback is 24 feet. The proposed building will be placed back an additional 50
feet.
Gooder said that the standards for the variation request have been satisfied and meets the Ordinance
requirements, which is also part of the petition submittal. The particular physical surroundings and
shape of the specific property involved would bring a particular hardship upon the owner rather than a
ZONING BOARD OF APPEALS Minutes June 2, 1998 9
mere inconvenience. The request would not be applicable generally to other property within the same
zoning classification. The granting of the variation will not be detrimental to the public welfare or
injurious to other property or improvements of the neighborhood. The proposed variation will not
impair an adequate supply of light and air to an adjacent property. It will not increase the danger of
fire or otherwise endanger the public safety. The purpose of the variation is not based exclusively on
wanting to make more money out of the property.
Member Butler moved, seconded by Member Aldini, that the standards having been satisfied, to
recommend for approval the variation as requested reducing the front yard from 100 feet to 73 feet.
ROLL CALL VOTE: Ayes: 5 - Aldini, Ascher, Butler, Hasen, and Davis
Nays: 0 - None.
Absent 2 - Dosedlo and Shah.
Absent: 0 - Motion Carried.
The meeting then moved on to the consideration of the ground signage variations request. Gooder
said that they are seeking permission to build a ground sign facing east and west along 22nd Street.
The visibility of the building signage is obscured by a significant planting of trees and shrubs on the
adjacent neighboring lot. Driving eastbound along 22nd Street you will not be able to see the signage
until you are about to turn into the site.
Chairman Davis said the Ordinance does not allow this type of signage for a lot of this size.
Tim Steward said the sign is approximately sixteen feet from the ground to the top of the sign. The
actual sign area is about 12 '/2 feet wide and 8 feet tall. It is an illuminated sign that faces east and
west. The top 3 feet 9 inches is a permanent Walgreens sign. The bottom 4 feet 3 inches is a reader
board for weekly specials.
It will also allow identification for westbound traffic to make the left hand turn at Midwest Road to
access the site.
Hawk said that the size of the sign may exceed the Ordinance.
Rich Brast, resident said that the character of the neighborhood is the development on the south side
of 22nd Street, the Oak Brook side, which is totally different than Oakbrook Terrace.
Carl Manofsky, resident noted that any readable material may be allowed on the signage, including
personal products, etc. The tone of signage is not in keeping with Oak Brook.
Cathy Manofsky, resident said that there are no signs in mall. Allowing a message board would be
the dumbing down of Oak Brook and a message board sticks out like a sore thumb.
Bill Lindeman, said that the sign at the Shell station is an improvement over what was there. Nothing
impacts the aesthetics of a Village more than the signage and the exterior of the buildings that are in
it. They want to locate their facilities in Oak Brook, but they want exceptions made for them. They
want to bring Oak Brook down to the standards of the other communities that have their facilities. He
does not believe that Oak Brook should reduce its standards to match what is on the north side of the
street. He believes that Oak Brook should have a different look, that's why people come here. There
are many other lots less than three acres that will be affected by whatever decision is made on the
signage for this site. Why is a sixteen foot tall sign needed to educate the customer that lives within
a two mile radius from where the store is located. Within one month people within a two mile radius
ZONING BOARD OF APPEALS Minutes June 2, 1998
r
will know where the Walgreens is located. The first consideration should be to the aesthetics of the
Village and then worry about what will be sold in Walgreens.
Member Butler asked if the Shell station had similar signage and asked if other smaller parcels that
have ground signs. Hawk said the sign replaced a previously existing ground sign. Member Butler
asked what height sign is permitted. Hawk said that 16 feet is permitted in B-1 or B-3 Districts for a
lot between 3 and 10 acres in size. The 8 foot height is the maximum height allowed for a ground
sign in an ORA-1 and ORA-2 District.
Member Butler asked if Walgreens does not believe that 8 feet is adequate, then why do they need to
go to 16 feet. Tim Steward said the 8 foot ground sign that Walgreens would like to use, would
possibly create a hazard at the corner. The sign itself is only 8 feet tall, but it is up 8 feet in the air,
simply to allow some visibility throughout the corner. The 12 'h by 8 foot size is merely the panel size,
the actual lettering is approximately 24 to 26 inches tall. It is a relatively small sign.
Raymond Dunn, resident Hunter Trails, said he does not see any need for a reader sign in Oak
Brook. If you do not realize what Walgreens stands for you will not go there.
Several residents spoke further in objection to the attraction board aspect and to the ground sign in
general.
Chairman Davis asked the petitioner if they would like to delay the Zoning Board of Appeals
recommendation regarding the ground sign and thereby allowing Walgreens the opportunity to
address the concerns of the citizens.
Attorney Gooder responded that they would like a recommendation from the Zoning Board of Appeals
based on the proposal as submitted and that the petitioner would attempt to address these concerns
prior to the Board of Trustees final decision.
Member Butler moved, seconded by Member Aldini, to recommend denial of the requested variation
for the ground sign.
ROLL CALL VOTE: Ayes: 5 - Aldini, Ascher, Butler, Hasen, and Davis
Nays: 0 - None.
Absent 2 - Dosedlo and Shah.
Absent: 0 - Motion Carried.
IV. BARBARA - 25 BREAKENRIDGE FARM- TEXT AMENDMENT, FENCE
DEFINITION and, ALTERNATIVELY, AN APPEAL OF A BUILDING INSPECTOR
DETERMINATION
John Brechin, Attorney for the petitioner, noted that the Plan Commission unanimously recommended
the text amendment they proposed, with one change noting that it is a fence if it is greater than 28
inches. He also noted his letters of April 15 and 16 that outline the rationale of the text amendment
and addresses the standards for text amendments. The property is located at 25 Breakenridge Farm
off Adams Road and zoned R-1. It has been improved with a 12,000 square foot single family home
occupied by the petitioner on a property that is a little less than three acres. The petitioner is also the
contract/purchaser of the 2 '/2 acres immediately adjacent to this property. There is in the file a
neighbors' letter in favor of the wall, and he also presented two additional letters of support from
neighbors.
ZONING BOARD OF APPEALS Minutes June 2, 1998
��( 5
G� OF Oqk
P X90
� O
O y
G
A
9CFC.0uN1I
VILLAGE OF OAK BROOK
1 -' 00 OAK BROOK ROAD
OAK BROOK , ILLINOIS 60523 - 2255
PHONE: 630 990-3000
FAX: 630 990-0876
MEMO
June 2, 1998
TO: Zoning Board of Appeals and Plan Commission
FROM: Tom Hawk, Director of Community Development
SUBJECT: B.G.P Oak Brook L.L.C. (Walgreens) - 2205 22nd Street
Zoning Ordinance Variations- Special Use
Following is some additional information that may be helpful in evaluating the ground
sign and front setback variations.
Ground Sign
In B-1 and B-3 zoning districts, ground signs are only permitted for properties three (3)
acres or larger in size. For properties under three acres, there have been two variations
. The Shell Oil service station at 2210 22nd Street received a variation for a ground sign
which replaced a previously existing legal nonconforming sign; and the nursing home at
2013 Midwest Road received a variation for a ground sign. Nursing homes typically
have ground signs, but little or no building signage.
To grant a ground sign variation for this property may be setting a precedent which the
other property owners of similar circumstances may use to substantiate their own
requests. Several of these property owners have discussed with me the possibility of
getting an approval for their properties.
The attached table shows the existing ground signage for all B-1 and B-3 properties.
,S.
June 2, 1998
Zoning Board of Appeals
RE: B.G.P Oak Brook L.L.C. (Walgreens)
Page 2
Address Building Use Ground Signage
Unless noted otherwise- No ground sign)
1603 16th Street Office Building
2122 22nd Street Bank - First Chicago Small driveway sign with identification
2205 22nd Street Andy's Steak House
2210 22nd Street Shell Oil Ground sign per variation which allowed
replacement of an existing legal non-conforming sign
2115 Butterfield Road Office Building
2121 Butterfield Road D's Diggety Do
1919 Midwest Road Office Building Small street number sign
2001 Midwest Road Office building
2013 Midwest Road Nursing Home Ground sin per variation
2021 Midwest Road Office building
2111 Midwest Road McDonald's Small driveway sign with identification
2208 Midwest Road Office building
2210 Midwest Road Office building Small street number sign
3821 York Road Liquor store Small driveway sign without identification
3824 York Road Closed auto service
Front Yard Setback
Following is some additional information on this issue. The general front setback for B-1 and
B-3 properties is 60 feet from a street right of way. The 100 foot extraordinary setback
requirement only applies to properties along 22nd Street and York Road and is applicable to a
limited number of properties. The only variation that has been granted was for an addition to
Andy's Steak House although a variation for the 3824 York Road property is till under
consideration.
The only other property that has a similar small lot depth is the Shell Oil property across 22nd
street, however, its use as a gas station allowed it to meet the Ordinance. All other B-1 and B-3
properties have lot depth considerably greater than these three.
TRH/gp
cc: Petition files
/5"0.
OF 0
\�P B90
� o
o y
G
20
9CF00UN71 \\�`
VILLAGE OF OAK BROOK
1 2 0 0 OAK BROOK ROAD
OAK BROOK , ILLINOIS 60523 -2255
PHONE: 630 990-3000
FAX: 630 990-0876
May 20, 1998
President Bushy and Board of Trustees
and Zoning Board of Appeals
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523
RE: B.G.P. Oak Brook L.L.C. - 2205 22nd Street
Zoning Ordinance Variations -Special Use
Dear President Bushy, Board of Trustees and Zoning Board of Appeals:
The Plan Commission, at their May 18, 1998 meeting, reviewed the proposal by B.G.P. Oak
Brook L.L.C., for the Andy's Seafood and Steak House property which would allow
redevelopment of the site with a Walgreen's Drug Store facility. The specific issue before the
Plan Commission was the proposed Special Use for a "drive-thru for prescription pick-up
only."
There was no public testimony either in support of or in opposition to the this proposal with the
exception of a letter in opposition based on traffic considerations of the area as a whole.
The Plan Commission reviewed the apparent need for this drive-thru service, the stacking
provided, and the method of vehicle movement to and from the site; and by a vote of 6 to 0
passed a motion recommending approval of the Special Use for a "drive-thru for prescription
pick-up only."
In making this motion, the Plan Commission concurred with the petitioner statements that the
planned facility will be designed, located and proposed to be operated so the public health,
safety and welfare will be protected.
Very truly yours,
NOTE: Chairman Aktipis has reviewed and verbally approve the
content of this letter pending his signature. The signed
original will be place in the official file upon receipt.
Stelios Aktipis
Chairman
Plan Commission
cc: Petition file
• � �OF OqA,
G
`�P e90
� o
O y
G
�O
9CFCOUNTr
VILLAGE OF OAK BROOK
1 2 0 0 OAK BROOK ROAD
OAK BROOK , ILLINOIS 60523- 2255
PHONE: 630 990-3000
May 19, 1998 FAX: 630 990-0876
MEMO TO: Tom Hawk,Director of Community Development
FROM: Dale L. Durfey,Jr.,P.E.,Village Engineer
SUBJECT: BGP Oak Brook LLC-2205 22nd Street
Walgreen's Drug Store
Upon my perusal of the proposed site plan, I note that the surrounding roadway network is not drawn to
scale,but is more of a schematic. I therefore question the scaling of this drawing and recommend its use as
a schematic concept plan rather than a scaled plan.
Also upon my perusal, it appears that the two entrance/exits are problematic and will need to be revised to
meet Village code.
As per our usual procedure, detailed engineering review will take place upon the submission of a building
permit.
Res ctful submitted,
Dale L.Durfey,Jr.,P.E.,
Village Engineer
DLD/etk
cc: Chief Debra Jarvis
/3.
VILLAGE OF OAK BROOK
PLAN COMMISSION MINUTES
May 18, 1998
1. CALL TO ORDER
The meeting was called to order at 7:31 p.m.
MEMBERS PRESENT: Chairman Stelios Aktipis
Members Stephen Allen
Samuel Girgis
Surendra Goel
George Mueller
Anthony Tappin
MEMBERS ABSENT: David Pequet
ALSO PRESENT: Director of Community Development Thomas Hawk
Village Engineer Dale Durfey
A quorum was present
Il. APPROVAL OF MINUTES
Member Girgis moved, seconded by Member Goel, to waive the reading of the March 16,
1998, Plan Commission Meeting minutes and to approve them as written.
VOICE VOTE: All in favor. Motion passed.
B.G.P OAK BROOK L.L.C. — 2205 22"1D STREET— ZONING ORDINANCE
VARIATIONS— SPECIAL USE
David Gooder, Attorney for the petitioner reviewed the background of the property. The
business on the property currently operates as Andy's Steak and Seafood House since 1922,
prior to the incorporation of Oak Brook. The property was later annexed into the Village.
Walgreens is the contract/purchaser of the property. They will demolish the existing structure
and replace it with a new Walgreens Drug Store. They are seeking a Special Use Permit to
allow a drive-in facility for prescription pick-up at the pharmacy only. Such a facility is needed
particularly by those who have difficulty walking, inclement weather, or for those who have small
children. The anticipated usage of the drive-in window is approximately 5 prescriptions per
hour.
The facility will be designed, located and proposed to be operated so that the public health,
safety and welfare will be protected. It will not cause any injury to the value of other property in
the neighborhood.
PLAN COMMISSION Minutes MAY 18, 1998
7 �
Member Allen raised concerns for traffic turning onto Midwest Road. Gooder responded that
there will not be a left turn onto to Midwest Road, it is a right turn out only.
Chairman Aktipis questioned possible impacts on the traffic load. Timothy Steward, Steward-
Nosky Architects, Ltd., responded that the bulk of traffic would already be on the road. The
plan has been reviewed and approved by DuPage County. They do not anticipate additional
traffic at the intersection.
Member Tappin asked if granting the Special Use would be setting a precedent. Hawk
responded that drive-in facilities are a permitted special use. When requesting such a use each
applicant would have to stand on its own.
Chairman Aktipis noted that another Walgreens is less than a mile a way. Douglas Bean, Vice
President, Terraco, Inc., responded that the other Walgreens is located at Summit and
Roosevelt Road. Most of the traffic for this facility will be coming from the South and
surrounding businesses. Density has a large part to do with where facilities are located.
Member Goel questioned how westbound traffic on 22nd would enter the facility. Steward said
that they would turn left onto Midwest Road and make a right turn into the facility.
Hawk noted that the Special Use request for the drive-in facility is before the Plan Commission.
The business use is an approved use for the district. The County Highway Department is
responsible for some changes made to the entrance and exits at the proposed facility. Based
on the information, this will be a rather modest use and with the traffic component, a car-
stacking problem is not anticipated.
No one in the audience spoke in favor of or in opposition to the request.
Member Goel noted that the Commission received a letter objecting to the plan based on
congested traffic in the area.
Member Tappin moved, seconded by Member Mueller, that the findings indicated that the
proposed facility will be designed, located and proposed to operate so that the public health,
safety and welfare will be protected, and to recommend for approval the special use as
requested.
ROLL CALL VOTE: Ayes: 6 - Aktipis, Allen, Girgis, Goel, Mueller, and Tappin.
Nays: 0 - None.
Absent: 1 - Pequet.
Motion Carried.
1V. FOREST GATE SUBDIVISION - CALLAGHAN - NORTHEAST QUADRANT OF
OAK BROOK ROAD AND ROUTE 83 - ZONING AMENDMENT- TEXT
AMENDMENT- SPECIAL USE- VARIATIONS TO THE ZONING ORDINANCE
AND SUBDIVISION REGULATIONS and PRELIMINARY PLAT OF SUBDIVISION
Dan Callaghan, contract./purchaser of the property, advised the members that they have
returned with a revised plan that contains a multitude of changes born from Plan Commission
suggestions, comments from Village staff, and many criticisms by residents during the public
hearings on the first plan.
PLAN COMMISSION Minutes MAY 18, 1998
2
A 0A
IP
' ORDINANCE S- 707
AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS
OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK
RELATIVE TO LOADING BERTHS, SIDE AND REAR YARDS,
u �
PARKING AISLES AND GROUND SIGNS C '
(Oak Brook Nursing Home, 2013 Midwest Road) m C
c7,o C�
CD m '—
WHEREAS, an application has been filed requesting variations for C:70 N
property located 2013 Midwest Road; and -�
'WHEREAS, the Zoning Board of Appeals of the Village of Oak Brook,
pursuant to due and appropriate legal notice conducted a public hearing
thereon on November 6, 1990; and
WHEREAS, the said Zoning Board of Appeals made specific findings of fact
and recornendations for approval of the following variations:
1. A variaticn from the provisions of Section XI(D) (7) to reduce the ^� _� X_
required number of off-street loading berths from 3 to 1.
Ln
X
2. A variation from the provisions of Section XI(D) (2) to reduce the size -v
of the one loading berth from 12' x 55' to 18' x 20' . s '
3. Variations frcm the provisions of Section XI(E) (7) to reduce, the CD
0
northerly required side yard adjacent to off-street parking spaces from
10' to 5' , and on the southerly required side yard, from 10' to 41 .
4. A variation from the provisions of Section XI(E) (7) to reduce the
required easterly rear yard for off-street parking space adjacent to a
residential district from 40' to 7' .
5. A variation from the provisions of Section XI(E) (3) to permit a parking
aisle to the rear of the property to be 19' in width instead of the 27'
requirement.
6. A variation from the provisions of Section VIII(E) (5), and by reference,
VIII(C) (5) (h) to permit construction of one entrance ground sign on a
lot less than three acres in area.
WHEREAS, the corporate authorities have considered these recommendations
and findings and concur in the same since they are supported by the
preponderance of evidence in the record;
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 preamble hereinabove set forth is hereby
Incorporated herein as though fully set forth.
V
l
Ordinance S- 707
Granting Variations to
Oak Brook Nursing Home
2013 Midwest Road
Page 2
Section 2: That the variations are hereby granted from the above
provisions of the Zoning Ordinance of the Village of Oak Brook as set forth
in the preamble on the condition that the above variations shall last only so
long as the property is used according to its present use as a nursing home;
Section 3: That the variations are hereby granted subject to
substantial conformity with the Site Plan, prepared by Sharman & Salk CQ
dated October 11, 1990, a copy of why gh s attached ereto labelled "Exhibit
A" and hereby made a part hereof.
Section 4: That the variations herein granted pursuant to this
Ordinance are limited to the property hereinabove described located at 2013
Midwest Road, whish property is legally described as:
The southerly 300 feet of Lot 1 in Butler Mohlman Subdivision, being a
subdivision of part of the East half of the Southwest quarter of Section
22, Township 39 North, Range 11, East of the Third Principal Meridian,
according to the plat thereof recorded May 28, 1969, as- Document
R69-23271, in DuPage County, IL. Permanent Parcel No. 06-22-303-035.
Section 5: That this ordinance shall be in full force and effect from
and after its passage .and approval pursuant to law.
PASSED THIS
lith day of December 1990.
Ayes: Trustees Bartecki, Bushy, Maher, Payovich, Rush and [;inters
Nays: None
Absent: President Cerne lA
Abstain.: None �
O
APPROVED THIS 11th day of December 199 W
fo
x /
Village resident
ATTEST?
P
i
Villago Clerk
ed a orm:
VI'lage At,.o ney
PREPARED Y: Published 12-12-90 Pamphlet form
John H. B ecfiin, Village Attorney Date Paper
Village of Oak-Brook
RETURN TO: Not Published
ruce P. Kapff, Asst. to Village Manager
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60521
STATE OF ILLINOIS )
)SS.
COUNTIES OF COOK & DU PAGE)
I , Linda K. Gonnelia do hereby certify that I
am the duly qualified and acting Village Clerk of the Village of
Oak Brook, DuPage and Cook Counties , Illinois .
I DO FURTHER CERTIFY that the annexed document is a
-true and correct copy of ORDINANCE NO. S-707 AN ORDINANCE
GRANTING VARIATIONS FROM THE PROVISIONS OF THE ZONING ORDINANCE
OF THE VILLAGE OF OAK BROOK RELATIVE TO LOADING BERTHS , SIDE AND
REAR YARDS , PARKING AISLES AND GROUND SIGNS (Oak Brook Nursing �
t€?
Home, 2013 Midwest Road) —
I DO FURTHER CERTIFY that the original document, of N
which the annexed copy is a true copy, is entrusted to my care for
safekeeping and I am the keeper of the same.
I D? FURTHER CERTIFY that I am the keeper of the re-
cords , Journals , entries , resolutions , ordinances , and documents
of the said Village of Oak Brook, DuPage a:1d Cook Counties , Illinois .
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the corporate seal of the Village of Oak Brook this 17th
day of December 19 90
�•�� rl 1.
Village C1, a R,-,o 15,t h e V zl THge of
Oak 'BrooVW. Page $ ftok Counties ,
Illinois:, w�.` c
174
4. The variation requested is not made in order to generate more money from
the property.
S. The particular hardship was not created by any person presently having an
interest in the property.
ROLL CALL VOTE: Ayes: (4)
Members Kenny,
Max-tinello, Shumate, and
Chairman Savino
Nays: (2)
Members Crouch and Herman
Absent: (0)
MOTION CARRIED ...
IV. OAK BROOK NURSING HOME, VARIATIONS - 2013 MIDWEST ROAD
Steve Sussholz, architect, addressed the variations requested relating to the
construction of an addition adding ten rooms to the existing nursing home.
A motion was made by Member Shumate, seconded by Member Crouch, to recommend
approval of the following variations:
1. A variation from Section XT(D)(7) to reduce the required number of
off-street loading berths frcm 3 to 1.
2. A variation from Section XI(D) (2) to reduce the size of the one loadit.g
berth from 12' x 55' to 18' x 201 .
3. Variations from Section XI(E)(7) to reduce the northerly required side
yard adjacent to off-street parking spaces from 10' to 5', and on the
southerly required side yard, 2rom 10' to 41.
4. A variation from Section XI(E) (7)• to reduce the required easterly rear
yard for off-street parking space adjacent to a residential district from
40' to 7' .
S. A variation from Section XI(E)(3) to permit a parking aisle to the rear
of the property to be 19' in width instead of the 27' requirement.
This recommendation is based on the following findings of fact:
1. Approval of these variations will not alter the essential character of
the locality.
2. The requested variations would not be generally applicable to other
properties.
3. Granting of the variations will not be detrimental to the public welfare
or injurious to other properties in the neighborhood.
ZONING BOARD OF APPEALS Minutes - 2 - November 6, 1990
h�
_.__ ___ .._ ..._ ... i:ar,.�. .+.r:.b'Ai'•-...Y•.w.n'.f!�`%'.tF'-:�s ,., . .... .....iK., .- -- ,. ,. .. ... _.....-.,......e....a..'v,. ... _ ... _. .. '.=>f'�i� .
ROLL CALL VOTE: Ayes: (6)
Members Crouch, Herman,
Kenny, Martinello, Shumate
and Chairman Savino
Nays: (0)
Member Shumate
Absent: (0)
MOTION CARRIED ...
A motion was made by Member Shumate, seconded by Member Herman, to recommend
denial of the requested variation from Section VIII(B)(5), and by reference,
Section VIII(C) (5) (h), to permit construction of two entrance ground signs on
a lot less than three acres in area based on the following findings of fact:.
1. The property is able to yield a reasonable return if the variation is
denied.
2. The request for two ground signs is not based on unique circumstances.
3. Approval of the variation could alter the essential character of the
locality and set precedent for other :roperties in the area.
ROLL CALL VOTE: Ayes: (6)
Members Crouch, Herman,
Kenny, Martinello, Shumate
and Chairman Savino
Nays: (0)
Absent: (0)
MOTION CARRIED . . .
A ration was made by Member Kenny, seconded by Member Martinello, to recommend
approval of a single ground sign based on the follywing findings of fact:
1. The property is unique since it presently has _:e ground sign and that a
sign placed on the building would not be readily visible from the street.
2. Approval of this variation would not alter the essential character of the
area since it is basically a commercial district.
ROLL CALL VOTE: Ayes: (4)
Members Crouch, Kenny,
Martinello and
Chairman Savino
Haya: (2)
Members Herman and Shumate
• Absent: (0)
ZONING BOARD OF APPEALS Minutes - 3 - November 6, 1990
ORDINANCE NO.
__ • AN ORDINANCE GRANTING A VARIATION TO SECTION VIII (E) (5) OF ORDINANCE
NO. G-60, AS AMENDED, THE ZONING ORDINANCE OF THE VILLAGE OF
OAK BROOK, FOR THE SERVICE STATION FACILITIES SITUATED ON PROPERTY
COMMONLY KNOWN AS 2210 WEST 22ND STREET OAK BROOK ILLINOIS
WHEREAS, pursuant to ordinance, a corporation having a possessory interest
with entitlement to exclusive possession of certain service station facilities situated
on property described in Section 2 below has petitioned the Village of Oak Brook,
Du Page and Cook Counties, Illinois, for a variation to the regulations of Section VIII
(E) (5) of Ordinance No. G-60, as Amended, for application to petitioner's service
station facilities; and
WHEREAS, a public hearing pursuant to statutory public notice has been held
by the Zoning Board of Appeals of the Vidage; and
WHEREAS, the Zoning Board of Appeals has recommended that the variation
be granted; and
WHEREAS, the Corporate Authorities of the Village deem the passage of this
Ordinance to be in the best interests and in furtherance of the, public health, safety,
comfort, and the g^neral welfare of the Village of Oak Brook and its citizens and
residents.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees
of the Village of Oak Brook, I},i Page and Cook Counties, Illinois, as follows:
z
SECTION 1: The provisions of the preamble hereinabove set forth are hereby restated
herein as though herein fully set forth.
SECTION 2: The provisions of this Ordinance shall apply to the property legally
described as:
Lot 2 in Dr. Fay's division of lots 22 and 23 of York Township
Supervisor's Assessment Plat number 8 in the southwest quarter
of Section 22, Township 39 north, Range 11 east of the Third
Principal Meridian, all in Du Page County, Illinois
commonly known as 2210 West 22nd Street, Oak Brook, Illinois.
SECTION 3: The express purpose of the zoning variation hereby granted is to permit
the installation of a single ground sign subsequent to the demolition of an existing,
non-conforming ground sign situated on property described in Section 2 above.
SECTION 4: The applicable rules and regulations of Ordinance No. G-60, as amended,
the "Zoning Ordinance of the Village of Oak Brook, Illinois of 1966" are hereby varied
as follpws:
I�
ORDL4ANCE NO.-
Page Two
(a) Section VIII (E) (5) is varied to permit the construction of
a single ground sign on the property hereinabove described,
which property contains less than three (3) acres, provided
that the said ground sign shall in all other regards conform
to the requirements set forth for ground signs in Section
VIZI (C) (5) (h) of Ordinance No. G-60, as amended, the
"'Zoning Ordinance of the Village of Oak Brook, Illinois of
1966".
SECTION 5: The aforesaid variation is granted based on the findings of the Zoning
Board of Appeals as set forth in said Board's records and recommendations relating
to this matter.
SECTION 6: This Ordinance shall be in full force and effect from and after its
passage and approval as by Statute in such case made and provided, This Ordinance
shall be published in pamphlet form.
SECTION 7: All ordinances, rules, and regulations of the Village of Oak Brook
which are in conflict with the provisions of this O.•dinance are hereby repealed to the
extent of the conflict.
SECTION 8: If any section, subsection, sentence, clause, or phrase of this Ordi-
nance is for any reason held to be invalid, such determination shall not affect the
validity of any remaining portion of this Ordinance.
PASSED this ,� day of �—.� .� ,r 1978.
AYES: rJ
NAYS: G
ABSENT: G
APPROVED this r-_ y \
� da of _ •�•�, ��-.•.�iz.,� 1573. ,
—Presidea(
ATTEST: `
Village`Clerk
Filed in the Office of the Village Clerk and published in pamphlet form by authority of
the President and Board of Trustees of the Village of Oak Brook this 7 day of
, 1978. T
Village`Clerk
AP D T Fi RM: /
aril age Attor ey !J
ZONING BO_VD OF APPFALRUnutes - 9 September 5, 1978
ITDL 5: SHELL OIL'CO. = SIGN TARIATION
Member hiischler returned to sit as a Member of the Zoning Board of Appeals.
Mr_ Wallace Mason was sworn in. Mr. Mason stated that he is an engineer for
the Shell Oil Co. Mr. Mason reviewed Shell Oil Companylz plans for the property
to reconstruct the existing station with predominately self-serve islands. He
noted that they will continue to offer a full-service island at the station.
Fie also revieweZ the fact that the Shell Oil Company has the right to keep the
existilzg nonconforming sign on the corner. He noted that the Shell Oil Company
would like to make a change in the silage on the corner from the existing
rotating sign on a. 21' pole to a new nonrotating sign. He noted that the new
sign would not indicate "self-serve." Mr. Mason then distributed pictures of
the current sign and of the new proposed -sign. He felt that it would be a
hardship on the Shell Oil Company i.f they could not change the station logo
to be consistent with the logos that will be appearing nationally. He then
displayed photos of a new station similar to the proposed station for the
northwest corner of 22nd Street and Ridwest Road. He noted that the subject
property was rounded on two sides and two frontages by properties that are
net located within the Village of Oak Brook and which have different, less
stringent sign regulations. He stated that he thought they could comply
with the B-3 sign regulations for ground signs on properties over three acres.
Member Reegas then reviewed the four criteria of that zoning district with
Mr. Mason.
Mr. Dison stated that they could comply with the setback req•,iirements under
Item #1. He noted that their proposed sign already complies with the size
requirements under Item #2. He noted that the sign would be reduced to 16,
in height which would comply with Item #3, and that it would still comply
with Item 54.
In response to a question by Member McCormick, Mr. Mason indicated that the
existing sign is in the same location as the proposed sign, and that the exist-
ing sign is rotated during slow business hours. Mr. Mas-in noted that they are
particularly interested in getting the signage to be appropriate at this loca-
tion since they have corporate offices in Oak Brook located on 22nd Street,
and they want this facility to look nice for their visitors and corporate
off.iCials who will be coming to Oak Brook.
lit m1potlit to ft (JUCc ttott by b1 1bat WC011111d, h1r. Md5011 c:ottfinnad that their
only concern is to allow a variation to permit a ground sign on property less
than three acres in size.
Chairman Baroni stated that the apparent intent of the Ordinance mast have been
to prevent a proliferation of ground signs in smaller commercial areas.
In response to a question by Member Fullan, Mr. Mason confirmed that they would
comply with the 10' setback requirement if the variation were granted.
r ZONING BOARD OF APPEALS Minutes - 9 - September 5, 1978
pip..
_t
Aft
ZONLtitG BOARD OF APPEALS Piinutes - 10 - September 5, 1978
IMI S: SHELL OIL CO. - SIGN VARIATION (continued)
= Chairman Baroni asked whether there was anyone in the audience who wished to
speak in favor of., or opposition to, this petition; there was no one.
hLmber McCormick then moved - seconded by Member Muschler...
That the Zoning Board of Appeals recommend to the Village 'Board of
T.rastees the granting of the variation for a ground sign at the Shell
Oil Company Service Station on the northwest corner of Midwest Road
and 22nd Street, to conform with the B-3 zoning district requirements
4 for ground signs on lots of more than three acres since a hardship
has been shown due to the zoning change, and since the proposed sign
is in. better conforn_3nce with the zoning district requirements than
the existing sign.
Chairman Baroni stated that the size liladt of the three-acre miniimm: was agreed
to by the Village Board a long time ago. He noted that nonconforming sites
ultimately are to be eliminated by acts of God or other occurrences. He felt
that approving this variation A-ruld be acting to sustaLn an existing nonconfoni-
., ing stract=e. He didn't think a hardship had been shown; and he stated that
he could not vote for the motion_.
Roll call vote - Ayes (5) : Members Fullan, Hodges, McCormick, Muschler,
and Regas
Nays (1) : Chairman Baroni MOTION CARRIED
«ember iduschler then *roved - seconded by Member R.egas...
To adjourn the meeting.
Voice vote - unardmous MOTION CARRIED
Chairman Baroni adjourned the meeting at 9:05 p.m.
Respectfully submitted,
' Ed Glatfelter
Assistant io Village Manager
ZONING•$OARD OF APPFALS Minutes - 10 - September 5, 1978
f
ROBERT LOUIS KELSEY
7 ROYAL VALE DRIVE
OAK BROOK. ILLINOIS 60521 MY NEW ZIP CODE IS
60523
TELEPHONE 655-1741
May 15 , 1998
Plan Commission
Village of Oak Brook, Illinois
Dear Members of the Plan Commission:
RE: 2205 W. 22nd Street (Andy ' s Steak and Seafood House)
Oak Brook, Illinois
An article in the May 15 , 1998 edition of The Doings reported
a scheduled meeting of the Plan Commission on May 18, 1998 to
consider the above referenced property.
As a resident of Ginger Creek I am very much interested in and
concerned by the proposal to replace Andy ' s with a Walgeen
drugstore. To the extent that this proposal, or any similar
to it, requires approval of the Plan Commission I would urge
the Commission to reject it.
Plainly, a high volume drug store will generate day long a high
volume of automobile traffic. The Midwest/Summit corridor at
22nd Street has been for some time a traffic nightmare largely
because of the actions taken by Oak Brook Terrace in approving
the operation of traffic generating businesses . In fact it
is quite common for motorists using either 22nd Street or
Midwest to be confronted with the chaotic scene of anxious
drivers leaving business establishments in this area
improperly impeding flowing traffic. For example, it is not
out of the ordinary to observe motorists exiting Andy ' s at
Midwest making North bound turns, or perhaps to be more accurate
a straight across the road maneuver, blocking in the process
Midwest traffic which is properly North or South bound.
It seems to me that the approval of any plan without considering
the traffic aspect of the plan on the health and safety of the
residents of Ginger Creek is not in the public interest.
Very truly yours,
Robert L. Kelsey
x
OF10
e90
0
G �
c�00UNT1
VILLAGE OF OAK BROOK
1 2 0 0 OAK BROOK ROAD
OAK BROOK , ILLINOIS 60523 - 2255
PHONE: 630 990-3000
FAX: 630 990-0876
MEMO
May 14, 1998
TO: Plan Commission and Zoning Board of Appeals
FROM: Tom Hawk, Director of Community Developmen
SUBJECT: B.G.P. Oak Brook L.L.C. - 2205 22nd Street
Zoning Ordinance Variations - Special Use
This Petition of B.G.P. Oak Brook, L.L.C. is for a proposal to redevelop the Andy's Steakhouse
property at 2205 22nd Street. The existing restaurant facility will be removed and a new Walgreens
Drug Store facility will be constructed. In order to accomplish the above, the petitioner is seeking
the following Zoning Ordinance relief:
1. A Variation to allow a front yard setback of seventy-three feet and ten inches (73' 10")
instead of one hundred feet (100') as required by Section VIII (E) (4) (b) of the Zoning
Ordinance. _
2. A Variation to allow a ground sign on a lot less than three (3) acres in area instead of the
three-acre lot area minimum for a ground sign as required by Section VIII (E) (5) and VIII
(C) (5) (h) of the Zoning Ordinance.
3. A Special Use approval for a two-lane drive-thru for prescription pick-up only as provided
for in Section VIII (E) (2) (c) of the Zoning Ordinance.
Background and History
Commercial activity at this location dates back to at least the 1920's and Andy's Steak House has
been in existence since long before Oak Brook. The property was annexed into Oak Brook in April
of 1959 and has continued as a restaurant to the present.
The property has been zoned B-3 since the original zoning map in late 1959. Since this proposal
calls for complete redevelopment of the site, I will not describe the zoning history for Andy's other
than to state that there were variations granted for expansion of an existing nonconforming structure
and variations for parking and yards.
May 14, 1998
Plan Commission and Zoning Board of Appeals
RE: Barbara
Page 2
Plan Commission and Zoning Board of Appeals Responsibilities
The Plan Commission is responsible for review and recommendation regarding the drive-thru
Special Use and the Zoning Board of Appeals is responsible for the public hearing and
recommendations on the drive-thru Special Use and the two variations.
Please include in your actions, your findings with respect the Special Use and Variations standards.
Comment
Front Yard Variation
The Ordinance requires yards as follows:
a. 100 foot along 22nd Street
b. 60 feet along Midwest Road
c. Zero feet along the south and west lot lines.
Under the Ordinance, a building 79 feet deep by 285 feet long could be located along the south lot
line with the long dimension facing 22nd Street. It would have an area of approximately 22,000
square feet and a FAR of approximately .27. Given the above dimensions, it probably would not
effectively serve a single tenant and would essentially be a small strip retail center with mixed uses.
The proposed use with its building area of 13,855 square feet and .177 FAR compare favorably.
Ground Sign Variation
To my knowledge, the Village has never granted such a variation, and I do not perceive any
elements that would make this property any different from any of the other small B-3 properties. If
this request appears reasonable, a text amendment extending the right to all would be more
appropriate.
Special Use- "Dive-thru"for Pharmacy Prescription Pick-up Only.
This use is relatively new but is apparently successful with the public. Recent technology
development and insurance procedures make it possible and it has obvious advantages to people in
need of having their prescriptions filled.
With two lanes and the likely level of usage, I do not anticipate a car stacking problem.
TRH/gp
cc: Petition files
,`vyPGE OF Oqk
o w
� O
4 t1
COUNT"'
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
PHONE: 630 990-3000
FAX: 630 990-0876
May 11, 1998
Dear Resident:
The Oak Brook Plan Commission, Zoning Board of Appeals, and the Village Board will be considering
Variations and Special Use at the meetings as scheduled on the reverse side of this notice.
The application has been filed by: B.G.P Oak Brook L.L.C., c/o Terraco, Inc.
8707 Skokie Blvd, Suite 303, Skokie, IL 60077
The property in question is located at 2205 22nd Street, Oak Brook, IL
Relationship of applicant to property: Contract Purchaser
Also shown on the reverse side of this notice is a map* of the area to assist you in determining your
relationship to the property in question.
The petitioner wishes to redevelop the site with a Walgreens Drug Store facility and, in order to
accomplish this is seeking the following:
1. A Variation to allow a front yard setback of seventy-three feet and ten inches (73' 10")
instead of one hundred feet (100') as required by Section VIII (E) (4) (b) of the Zoning
Ordinance.
2. A Variation to allow a ground sign on a lot less than three (3) acres in area instead of the
three-acre lot area minimum for a ground sign as required by Section VIII (E) (5) and VIII
(C) (5) (h) of the Zoning Ordinance.
3. A Special Use approval for a two lane drive-thru for prescription pick-up only as provided
for in Section VIII (E) (2) (c) of the Zoning Ordinance.
If approved, the petitioner intends to redevelop the site with a Walgreens Drug Store facility.
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.
Very truly yours,
Thomas R. Hawk
Director of Community Development
TRH/gp
0 •
CERTIFICATE OF PUBLICATION
Public Heann�q Paddock Publications, Inc.
NOTICE IS HEREBY GIVEN that public hearingg before the
Zoningg Board of Appeals of the Village of Oak Brook,DuPage and
Cook Counties,Illinois,willbeheldonJune2,1998at7:30p.m.in DailyHerald
the Oak Brook Village Hall,1200 Oak Brook Road,Oak Brook,I Ili-
nois 60523 for the purpose of considering the application of
B.G.P.Oak Brook L.L.C. c/o Terraco,Inc.,8707 Skokie Blvd.,
#303,Skokie,Illinois 60077 for Variations and Special Use for the
property described herein as provided under Section XIII(G)and T • Values TT
(J)of the Zoning Ordinance of the Village of Oak Brook,Illinois, Daily
��J HeY'�]1 V �]1 7'
brdinanceG-60,asamended. ill./V 1(.hill al l.L
The Plan Commission will also be reviewing this proposal at
their May 18,1998,meeting.
The property may be generally described as 2205 22nd
Street,Oak Brook,Illinois 60523,and the legal description is as ation organized and existing under and by virtue of the laws of the
follows:
LOT 1(Except the West 144.79 feet thereof)and(Except that
Ebeginning at the point of intersection of the North line of said linois, DOES HEREBY CERTIFY that it is the publisher of the
Lot 1 and the West line of Midwest Road;Thence South 0 De-
grees 24 Minutes 59 Seconds West along said West Line of Mid-
west Road a distance of 30.31 feet;Thence North 89 degrees 35 [ERALD. That said DAILY HERALD is a secular newspaper
Minutes 01 Seconds West 10.00 feet;Thence North 0 Degrees 24
Minutes 59 Seconds East 29.97 feet to the North line of Said Lot 1;
Thence North 88 Degreel 27 Minutes 28 Seconds East along :en published daily in the Village of Oak Brook
said North line of Lot f,a distance of 10.01 feet to the place of be-
ginning)and that part of Lot 3 lying East of the East line of the
West 144.79 feet of said Lot 1 extended South,in Lestak's 22nd County(?es) of
Street,Assessment Plat in the Northwest Quarter of Section 27,
Township 39 North,Range 11,East of the Third Principal Meridi- DuPage and State of Illinois,
an,according to the Plat thereof recorded December 19,1956 as
Document 827346,in DuPage County,Illinois.
Permanent Parcel Nos.06-27-100-009 sly for more than one year prior to the date of the first publication
The petitioner is seeking the following:
1.A Variation to allow a front yard setback of seventy-three
feet and ten inches(73'10")instead ofone hundred feet(100')as ice hereinafter referred to and is of general circulation throughout
required by Section VIII(E)(4)(b)of the Zoning Ordinance.
2.A Variation to allow aground sign on a lot less than three Te County(les) and State.
(3)acres in area instead of the three-acre lot area minimum for a
ground sign as required by Section VIII(E)(5)and VIII(C)(5)(h)
of the Zoning Ordinance.
3.A Special Use approval for a two lane drive-thru for pre-
scription pick-up only as provided for in Section VIII(E)(2)(c)of
thegoningordinance. ertify that the DAILY HERALD is a newspaper as defined in "an
If approved,the petitioner intends to redevelop the site with a
W algreens Drug Store facility.
A11 persons desiring to be heard in support of or in opposition ise the law in relation to notices as amended in 1992 Illinois
to theproposed Variations and Special Use and,or any provision
thereof,will bea orded an opportunity to do so and may submit Statutes Chapter 715 Act 5 Section 1 and 5.
their statements orally or in writing or both.The hearing maybe re-
cessed to another date if notice of time and place thereof is public-
ly announced at the hearing or is given by newspaper publication
not less than five(5)days prior to the date of the recessed hear-
ing.
I n accord with the provisions of the American with Disabilities )tice of which the annexed printed slip is a true copy, was
Act,any individual who is in need of a reasonable accommodation
in order to participate in or benefit from attendance at this public May 11 1998
meeting should contact Michael Crotty,the Village's ADA Coordi-
nator,at 630/990-5738 as soon as possible before the meeting
date. in said DAILY HERALD.
The petitioner's application is on file with the Village Clerk
and with the Director of Community Development.Persons wish-
ing to examine the petition documents may arrange to do so with
the Director of Community Development,Thomas Hawk,Village
pof Oak hone 630/990-3045.1212 Oak Brook Road,Oak Brook,IL 60523,tete- 4ESS WHEREOF, the undersigned, the said PADDOCK
LINDA GONNELLA
village clerk -TIONS as caused this certificate to be signed by
Published at the direction of the Corporate Authorities and , Inc.,�
the Zonin Board of Appeals of the Village of Oak Brook,DuPage
andCookVounties,Minois. EINSON, its Asst. Treasurer, at Arlin ton Hei hts, Illinois.
PublishedintheDailvHeraldMay11,1998.(1194689) S g g
PADDOCK PUBLICATIONS, INC.
DAILY HERALD NEWSPAPERS
BY bw_�_,_ 97� �$1—A
easurer
Control # 1194689
��vPGS OF O4k e9OO�
O N
G �
COUNI
V1 LLAG E OF OAK BROOK
1 2 0 0 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
PHONE: 630 990-3000
FA X: 630 990-0876
April 30, 1998
Mr. David Gooder
Lord, Bissell and Brook
1100 Jorie Blvd., Suite 153
Oak Brook, IL 60523
RE: B.G.P. Oak Brook L.L.C. - 2205 22nd Street
Zoning Ordinance Variations - Special Use
Dear Dave:
The Village Board of Trustees, at their meeting of April 28, 1998, has referred the above
petition to the Plan Commission for review and recommendation on May 18, 1998, and
to the Zoning Board of Appeals for public hearing on June 2, 1998. Both meetings will
begin at 7:30 p.m. and are held in the Samuel E. Dean Board Room of the Village Hall
located at 1200 Oak Brook Road, Oak Brook, Illinois.
Please call if you have any questions.
Sincerely,
Thomas R. Hawk
Director of Community Development
TRH/gp
cc: Petition file
611
MUNICIPAL BUILDING PROJECT - $5.095.00: Approved
Omnibus Vote.
2) PENTAMATION - PAYOUT#8 - COMPUTER SYSTEMS - COMPUTER
$3.386.00: Approved Omnibus Vote. SYSTEMS
3) WEBSTER, MC GRATH & AHLBERG. LTD. - PAYOUT #4 - SPORTS CORE/
SPORTS CORE/WESTCHESTER PARK PRELIMINARY PLAT WESTCHESTER PARK
- $468.00: Approved Omnibus Vote. PRELT-MINARY PLAT
E. REFERRALS' REFERRALS:
1) BARBARA (25 BREAKENRIDGE FARM) - APPEAL OF BARBARA, - APPEAL
BUILDING INSPECTOR DETERMINATION AND TEXT and
AMENDMENT - FENCE DEFINITION -- REFER TO PLAN TEXT AMENDMENT -
COMMISSION MEETING OF MAY 18. 1998 AND ZONING FENCE DEFINITION
BOARD OF APPEALS MEETING OF JUNE 2. 1998: Approved (25 Brea'.�enridge
Omnibus Vote. pp Farm)
2 P. OAK BROOK L.L,C. (2205 22ND STREET) - ZONING B.G.P. OAKBROOK
ORDINANCE VARIATIONS - SPECIAL USE -- REFER TO L.L.C. -
PLAN COMMISSION MEETING OF MAY 18. 1998 AND VARIATIONS and
ZONING BOARD OF APPEALS MEETING OF JUNE 2, 1998- SPECLAL USE
Approved Omnibus Vote.
(2205 22nd Street)
3) FOREST GATE SUBDIVISION - CALLAGHAN (NORTHEAST FOREST GATE SUB.
QUADRANT OF OAK BROOK ROAD AND ROUTE 83) - CALLAGHAN -
TEXT AMENDMENT - SPECIAL USE - VARIATIONS TO TEXT A-HF'D`IENT
ZONING ORDINANCE AND SUBDIVISION REGULATIONS - SPECIAL USE
VARIATZO`�S
PRELIMINARY PLAT - REFER TO PLAN COMMISSION VARIAPRELI1IN:S PLAT
MEETING OF MAY 18. 1998 AND ZONING BOARD OF (NE Quadrant of
APPEALS MEETING OF JUNE 2. 1998: Approved Omnibus oak Brook Road and
Vote. Route 83)
F. AUTHORIZATION TO SEEK BIDS OR PROPOSALS: No
Business.
G. ACCEPT AND PLACE ON FILE - TREASURER'S REPORT OF TREASURER'S REPORT
MARCH. 1998: Approved Omnibus Vote. MARCH, 1998
H. REQUEST FOR REDUCTION OF SUBDIVISION SECURITY - REDUCTION; of
KECK SUBDIVISION: Approved Omnibus Vote. SUBDIVISION SECURIT
KECK SUBDIVISION
6. ITEMS REMOVED FROM OMNIBUS AGENDA: None.
VILLAGE OF OAK BROOK Minutes 4 of 18 April 28, 1998
6�OF 04,t
\�P X90
� o
e '®
O y
G
r0
9CFC01UNT
VILLAGE OF OAK BROOK
1 2 0 0 OAK BROOK ROAD
OAK BROOK , ILLINOIS 60523 - 2255
PHONE: 630 990-3000
FAX: 630 990-0876
MEMO
April 17, 1998
TO: President and Board of Trustees
FROM: Tom Hawk, Director of Community Developmen
SUBJECT: Referral - B.G.P. Oak Brook L.L.C. - 2205 22nd Street
Zoninq Ordinance Variations - Special Use
We have received a petition from B.G.P. Oak Brook L.L.C. for Zoning Ordinance Variations and
Special Use to allow redevelopment of the site (Andy's Steak House)with a Walgreen's store.
Please refer this to the Plan Commission for review and recommendation at their May 18, 1998,
meeting, and to the Zoning Board of Appeals for public hearing and recommendation at their
meeting on June 2, 1998.
TRH/gp
cc: Petition files
BOT-B.G.P-Walgreens.REF
•
ZONING BOARD OF APPEALS
- STANDARDS
- APPENDIX A—ZONING Sec. XIII
office, department, board, bureau or commission, or by
any person, firm or corporation having a freehold
interest, a possessory interest entitled to exclusive
possession, a contractual interest which may become a
freehold interest, or any exclusive possessory interest
applicable to the land or land and improvements
described in the application for a variation.
(3) Processing. An application for a variation shall be
filed with the Village Clerk who shall forward one
copy of such application to the Zoning Board of
Appeals for processing in accordance with applicable
Statutes of the State of Illinois and one copy to the
Board of Trustees.
(4) Standards:
(a) The Zoning Board of Appeals shall not recom-
mend a variation of the provisions of this
ordinance as authorized in this section unless it
shall have made findings of fact based upon the
evidence presented to it on the following specific
issues that:
(1) The property in question cannot yield a
reasonable return if permitted to be used only
under the conditions allowed by the regula-
tions governing the district in which it is
located.
(2) The plight of the owner is due to unique
circumstances.
(3) The variation, if granted, will not alter the
essential character of the locality.
(b) For the purpose of supplementing the above
standards, the Zoning Board of Appeals, in
making the determination whether there are
practical difficulties or particular hardships, shall
also take into consideration the extent to which
the following facts, favorable to the applicant,
have been established by the evidence that:
967
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
t 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 F
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
APPENDIX A—ZONING Sec. XIII
could otherwise be achieved by a rezoning of the
property involved, such as, but not limited to,
establishment or expansion of a use not permitted in a
residence district; authorizing the construction of
residences in other than residence districts; nor
authorizing other than single-family detached res-
idences in the 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)
(H) Plan Commission.
Jurisdiction.
The Plan Commission of the Village, which has been duly
established with functions as prescribed by the Illinois
Statutes, is the Plan Commission referred to in this
ordinance, and shall have the following duties under this
ordinance:
(1) Receive from the Village Clerk copies of applications
for proposed amendments and thereafter may submit
its recommendations thereon to the Zoning Board of
Appeals and Board of Trustees.
(2) Receive from the Building Inspector copies of.applica-
tions for proposed Special Uses and thereafter submit
its recommendations thereon to the Building Inspector
and Board of Trustees.
(3) Act on all other matters which are referred to it as
required by the provisions of this ordinance.
(4) Review, from time to time, the provisions of this
ordinance and to make reports of its recommendations
with proposed respect to 0 osed amendments to the Board of
P
Trustees.
969
906.
VARIATIONS
Sec. XIII OAK BROOK CODE
give due notice thereof to parties and shall decide
the appeal within reasonable time. The Board may
reverse or affirm, wholly or partly, or may modify
the order, requirement or decision or determina-
tion as in its opinion ought to be made on the
premises and to that end has all the powers of the
official from whom the appeal is taken.
(4) Decisions: All decisions, after hearing of the Zoning
Board of Appeals on appeals from an administrative
order, requirement, decision, or determination of the
Building Inspector or other authorized official of the
Village of Oak Brook, shall, in all instances, be final
administrative determinations and shall be subject to
judicial review only in accordance with applicable
Statutes of the State of Illinois.
a
ariations.
(1) Authority: The Board of Trustees shall decide all
applications for variations of the provisions of this
ordinance after a public hearing held before the
Zoning Board of Appeals on such notice as shall be
required by the Illinois Statutes. The Zoning Board of
Appeals shall hold public hearings upon all applica-
tions for variations and shall report its recommenda-
tions to the Board of Trustees as to whether a
requested variation would be in harmony with its gen-
eral purpose and intent, and shall recommend a varia-
tion only where it shall have made a finding of fact
specifying the reason or reasons for recommending the
variations. Such findings shall be based upon the stand-
ards prescribed in Section XIII G4 of this ordinance.
No variation shall be granted by the Board of Trustees
without such findings of fact. In the case of a
variation where the Zoning Board of Appeals fails to
recommend the variation, it can only be adopted by an
ordinance with the favorable vote of two-thirds of the
Trustees.
(2) Initiation: An application for a variation shall be in
triplicate and may be made by any governmental
966
APPENDIX A—ZONING Sec. XIII
office, department, board, bureau or commission, or by
any person, firm or corporation having a freehold
interest, a possessory interest entitled to exclusive
possession, a contractual interest which may become a
freehold interest, or any exclusive possessory interest
applicable to the land or land and improvements
described in the application for a variation.
(3) Processing: An application for a variation shall be
filed with the Village Clerk who shall forward one
copy of such application to the Zoning Board of
Appeals for processing in accordance with applicable
Statutes of the State of Illinois and one copy to the
Board of Trustees.
(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 oniv
under the conditions allowed by the regula-
tions governing the district in which it is
located.
(2) The plight of the owner is due to unique
circumstances.
(3) The variation, if granted, will not alter the
essential character of the locality.
(b) For the purpose of supplementing the above
standards, the Zoning Board of Appeals, in
making the determination whether there are
practical difficulties or particular hardships, shall
also take into consideration the extent to which
the following facts, favorable to the applicant,
have been established by the evidence that:
967
Sec. XIII OAK BROOD 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 other ,yrise 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
APPENDIX A—ZONING Sec. XIII
could otherwise be achieved by a rezoning of the
property involved, such as, but not limited to,
establishment or expansion of a use not permitted in a
residence district; authorizing the construction of
residences in other than residence districts; nor
authorizing other than single-family detached res-
idences in the 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. G137,
9-14-71)
(I-1) Plan Commission.
Jurisdiction.
The Plan Cbmmission 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
SPECIAL USE
APPENDIX A—ZO`lI,`iG Sec. XIII
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 lard
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 tw•o 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
i
Sec. XIII OAK BROOK CODE
(2) Authority: Special uses shall be authorized or denied
by the Village Board in accordance with the Statutes
of the State of Illinois applicable to amendments of
this ordinance, and the regulations and conditions set
forth in this ordinance for special uses.
No application for a special use shall be acted upon by
the Village Board until after:
(a) A written report is prepared and forwarded to the
Board of Appeals and the Village Board by the
Plan Commission in a manner prescribed herein
for amendments to this ordinance; and
(b) A public hearing has been held by the Zoning
Board of Appeals, after due notice by publication
as provided by the applicable Statutes of the State
of Illinois for amendments and upon a report of
the Plan Commission to the Board of Trustees, if
such a report is made.
(3) Initiation: An application for a special use may be
made by any person, firm or corporation or by any
offrice, department, board, bureau or commission
requesting or intended to request a zoning certificate.
(4) Processing: An application for a special use, in such
form and accompanied by such information as shall
be established from time to time by the Plan
Commission, shall be filed with the Village Clerk and
thereafter processed in the manner prescribed thereto-
fore for applications and amendments. Special use
applications may be processed simultaneously with
requests for amendment. of this ordinance. (Ord. No.
6-66, 12-19-66)
(5) Decisions: The Village Board, upon report of the
Zoning Board of Appeals and the Plan Commission,
and without further hearing, may authorize or deny
an application for a special use in accordance with the
Statutes of the State of Illinois applicable to amend-
ments, or may refer it back to the Board of Appeals
and the Plan Commission for further consideration.
972
K•
4OF OAk
VIL&A�GLOFFROAK°
1200 OAK BROOK
BROOK;aIL
�COUNt� 630'990 3045`
PETITION APPLICATION
for PUBLIC HEARING
ZONING ORDINANCE: ❑ APPEAL ($100) ❑ VARIATION ($300)
❑ AMENDMENT ($650) X❑ SPECIAL USE ($400)
FLOOD PLAIN: ❑ VARIATION ($300) ❑ SPECIAL USE ($675)
NOTE: ALL APPLICATIONS ARE TO BE RECEIVED BY-THEAIRECTOR-OF'COMMUNITY
APPLICANT TO COMPLETE DEVELOPMENT AND AFTER AN INITIAL REVIEW WILL BE FILED WITH THE PILLAG5,'CLERK:
LOCATION OF
SUBJECT PROPERTY Southwest Corner 22nd & Midwest Rd PERMANENT PARCEL N0. 06 _ 27 _ 100 _ 009
Legal Description is attached as Rider A 2205 West 22nd Street, Oak Brook,
LOT N0. SUBDIVISION LEGAL ADDRESS
Illinois 1
ZONING DISTRICT B-3 ZONING ORDINANCE SECTION Section VIII
ACTION REQUESTED: Requesting a variation from the front yard set-back requirement of 101. feet
from.2?nd Street, ur yql ose �pn lar et ac i - are a sio requgst np a
specialuse permit o a 0 two )) r ve Niru anes or prescription pic -up on y o
the proposed Walgreen's store. Also requested is a variation for one (1)- ground sign
in P northeast rnrnar_
PROPERTY INTEREST OF APPLICANT OWNER CONTRACT PURCHASER XX AGENT
OWNER(S)OF RECORD Capi tol Bank & Trust Company, T.U.T. agreement-TrustpHONE
No. 1083-
ADDRESS CITY: STATE ZIP:
BENEFICIARY(IES)OF TRUST Andy's Steak & Seafood House , Inc . PHONE (630) 574-2210
ADDRESS: 2205 West 22nd Street CITY: Oak Brook STATE IL ZIP: 60521
NAME OF APPLICANT(and Billing Information) BGP Oak Brook L.L.C. PHONE (847) 679-6660
ADDRESS c/o Terraco, Inc. 8707 Skokie Blvd. CITY Skokie, STATE IL ZIP 60077
I(we)c ' that all of the above st ments and the statements contained in any papers or plan submitted herewith are true to the best of my
(our nowledge and be?'-'/
Signature of Applicant/9', 7 ate Signature of Applicant Date
.......................................................................... ..---........------...........---.......----.....---.._.....----...........................--.-----.................--...
DO NOT WRITE IN THIS SPACE-FOR OFFICE USE ONLY
Date Filed,;
Fee Paid$ 10d Receipt N6,49&490 • &I Received.By,;. c
Board of Trustees(ReferralNotice Published SI//�Qp Newspaper .Daily Herald..; Adf Property Owners Notified
i..
PtrBLIC HEARING DATES : .Plan'Commission Zoning Board-of{Appeals
Board.of Trustees: 3 �8 Board of Trustees '711%10
(Approval of Ordinance)
SIGNDate
GENDELL REALTY PARTNERS INC. 1042
8707 SKOKIE BLVD.SUITE 303
`I SKOKIE,IL 60077 2-1/710
BRANCH 5803
I;NI
W PAY "I
TO THE
jo ORDER OF 3�• X�
il.�lSecu riry beiurea :1,l
D LLARS Bp•„a��,„�„ a1,
FIRST CHICAGO a
The First National Bank of Chicago L•I�
�5 Chicago,Illinois 60670. 1
�i91 ��jl
FOR Wef--® —_ L l/ — ”" IJ
y 11'00 1,0 4 211' 1:0 7 10000 13 1: LLL 500 1, 111,9 2 7u'
LevevA2�—
CHECK S CHECKS $CASH INV a DATE NAME G.L.ACCOUNT M DESCRIPTION
NUMBER
t
INVALID
4 VILLAGE OF OAK BROOK S GINAOUUT
RE
BUREAU OF INSPECTION
o 1200 OAK BROOK ROAD B 11601
9� r OAK BROOK, ILLINOIS
E` "" PHONE: (630)990-3000
7l,raac�
RETAIN THIS RECEIPT
FOR YOUR RECORDS
............... ................
GENDELL REALTY PARTNERS INC. 1043
8707 SKOKIE BLVD.SUITE 303
SKOKIE, IL 60077
2-1/710 I,
BRANCH 5803 �(Mh
cl:il
192- ial
n PAY
TO THE
g ORDER OF yO� �Ijll
DOLLARS 8^� 'ry�•,��r,. �i;l�
()FIRTheFST�HICnal�A�GO of go
Chicago,Illinois 60670
FOR
II+I
11100 10 4 3us 1:0 7 1,0000 1, 311: 1 1 1 500 1 1 14 9 2 7u'
I. .t
oc y/yid 6�wvl�u _ P dam;.E-�.J
CHECK S CHECKS $CASH INV N DATE NAME
NUMBER G.L.ACCOUNT M DESCRIPTION
t
INVALID
• 04 VILLAGE OF OAK BROOK WITHOUT
SIGNATURE
P
°t BUREAU OF INSPECTION
1200 OAK BROOK ROAD B 11600
C:
r OAK BROOK, ILLINOIS
F
` "" PHONE: (630)990-3000
•
Names of Surrounding Property Owners
Fallowing are the names and addresses of all surrounding property owners from the property in question for a distance of
approximately 250 feet in all directions. The number of feet occupied by all public roads,streets,alleys,and public ways have
been excluded in computing the 250 foot requirement. Said names are as recorded in the office of the County Recorder of Deeds
(or the Registrar of Titles of the County) and as appear from the authentic tax records of this County within 30 days of the filing of
this application. Provide a mailing label for each Property Owner listed.
NAME OF PROPERTY
• • • • ADDRESS PROPERTY
'■ • , • PROPERTY
•• 1 ,,■
First Chicago Bank First Chicago Building Corp. First Chicago Bank
P.I.N.06-22-303-025 2tiOnal PIRM 40591 2122 22nd Street
Chicago IL 60670 Oak Brook.
Mc-.Tntn-h Tr AnithurT CHC Partners LLC Shell Oil
P.I.N. 06-22-301-027 P.O.Box 476 --2-110-22nd Street
Crystal Lake,IL 60039 --Oak Brook
Grand Metropolitan Grand Metropolitan —BiumLKing
P.I.N. 06-22-301-028 200 S. 6th St. I q7T) qjimmit Ave
Minneapolis,MN 55402 nak Brook Tr.
Inter-Track Partners Tnter-Track Psrtners Off Track Bettina
P.I.N.06-22-301-024 1333 Butterfield Road,#100 17W648 22nd Street
P.I.N.06-22-301-048 Downers Grove IL 60515 Oak Brook,II,
s Inc. P T N 06-22-301-039 Dennv's Restaurant
P.I.N. 06-22-301-039 c/o Rash&Assoc. 17W660 22nd Street
P.O.Box 1600 Oak Brook IL
Rowlett TX 75030
(Attach additional sheets if necessary)
Names of Surrounding Property Owners
Following are the names and addresses of all surrounding property owners from the property in question for a distance of
approximately 250 feet in all directions. The number of feet occupied by all public roads,streets, alleys, and public ways have
been excluded in computing the 250 foot requirement. Said names are as recorded in the office of the County Recorder of Deeds
(or the Registrar of Titles of the County) and as appear from the authentic tax records of this County within 30 days of the filing of
this application. Provide a mailing label for each Property Owner listed.
NAME OF PROPERTY OWNER ADDRESS OF PROPERTY OWNER PROPERTY ADDRESS
Maffei.Joseph&Roseanna 2 W. Bavbrook Lane
P.I.N. 06-27-101-010 2 W.Baybrook Lane Oak Brook,IL
Oak Brook,IL 60521
Auster.Rosemary G. G. 4 Bavbrook Lane
P.I.N. 06-27-101-009 4 Baybrook Lane Oak Brook,IL
Oak Brook IL 60521
Bank of Westem Sprinp Bank of Westem Springs 6 Bavbrook Lane
06-)7-101-008 Trust 92210 Oak Brook IL
4456 Wolf Road
Westem Splings,IL 60558
(Attach additional sheets if necessary)
Names of Surrounding Property Owners
Following are the names and addresses of all surrounding property owners from the property In question for a distance of
approximately 250 feet in all directions. The number of feet occupied by all public roads,streets, alleys, and public ways have
been excluded in computing the 250 foot requirement. Said names are as recorded in the office of the County Recorder of Deeds
(or the Registrar of Titles of the County) and as appear from the authentic tax records of this County within 30 days of the filing of
this application. Provide a mailing label for each Property Owner listed.
NAMF OF PROPERTY OWNER ADDRESS OF PROPERTY OINNER PROPERTY ADDRESS
Garland,John&Virginia Garland,John&Virginia 9 Kies on Drive
P.I.N. 06-27-103-007 9 Kington Drive Oak Brook,IL 60521
Oak Brook,IL 60521
LaGrange Bank Trust 8377 LaGrange Bank Trust 8377 10 Kingston Drive
P.I.N.06-27-104-001 Ashtar,Nusrath&Naveed Oak Brook,IL 60521
10 Kingston Drive
Oak Brook,IL 60521
Sadiq,Syed&Sahira P. Sadiq,Syed&Sahira P 10 Kingston Drive
P.I.N.06-27-104-002 10 Kingston Drive Oak Brook,IL 60521
Oak Brook,IL 60521
Gadrinab,Nelcar M. &IC Gadrinab,Nelcar M. &IC 14 Kingston Drive
P.I.N. 06-27-104-003 14 Kingston Drive Oak Brook,IL 60521
Oak Brook,IL 60521
(Attach additional sheets if necessary)
LORD, BISSELL & BROOK
115 SOUTH LA SALLE STREET
CHICAGO, ILLINOIS 60603 LOS ANGELES OFFICE
300 SOUTH GRAND AVENUE,8TH FLOOR
LOS ANGELES,CALIFORNIA 90071-3200
13121 443-0700 (213)485-1500
CABLE: LOWIRCO CGO TELECOPY:(213)485-1200
TELEX: 25-3070
ATLANTA OFFICE
TELECOPY: (312) 443-0336 ONE ATLANTIC CENTER
1201 W. PEACHTREE STREET,SUITE 3700
1100 Jorie Boulevard ATLANTA,G EO RGIA 30309
(404)870-4600
Suite 243 TELECOPY: 14041 672-5547
630/990-0561 Oak Brook, IL 60523 LONDON OFFICE
LLOYD'S,SUITE 995
1 LIME STREET
LONDON EC3M 7DO ENGLAND
0171-327-4534
TELECOPY:0171-929-2250
April 2 , 1998
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523
Att 'n : Thomas Hawk
Director of Community Development
Re : Petition Application for Public Hearing
by BGP Oak Brook , LLC for Property at
2205 W. 22nd Street
Dear Tom:
This letter will set forth position statements on the
relevant factors and standards contained in the Village Code for
the Village action requested .
I. Special Use Permit
The B-3 District regulations provide for "drug stores"
as permitted uses and authorizes as Special Uses "drive-
in establishments for permitted uses . " Walgreens Drug ,
who will be the initial occupant of the planned building ,
has requested a drive-in facility for prescription pick-
up at the pharmacy . They urge that their request be
approved because such a facility is particularly needed
by those with difficulty in walking or with young children.
Such a facility also reduces the amount of time required
to obtain the needed drugs where time is limited . (See
Exhibit A and Exhibit B attached.)
The planned facility will be "designed , located and proposed
to be operated that the public health, safety and welfare
will be protected . " In addition, it will not cause any
injury to the value of other property in the neighborhood .
It is therefore requested that a Special Use Permit be approved .
too
Villa
LORD, BISSELL & BROOK a of - Oak Brook g
Att 'n : Thomas Hawk
April 2 , 1998
Page Two
II. Requested Variations
A. A Variation to reduce setback from 22nd Street
from 100 feet to 73110" .
The B-3 District regulations require that buildings
be set back 100 feet from the right-of-way of 22nd
Street . The property in question is only 200 feet
wide between 22nd Street on the north and the south
property line. Substantially all of the other B-3
District property facing 22nd Street is 300 feet
deep or more as measured from the 22nd Street right-
of-way line . In order to provide a Walgreen' s store
of proper size and shape together with a proper
setback from the south property line, it is necessary
to reduce the setback from 22nd Street from .100 feet
to 73 feet 10 inches .
B. Variation to permit a Ground Sign
The sign regulations applicable to B-3 Districts
provide that for development containing less than
three acres "all signs must be affixed against the
building walls. " (Sec .VIII (5) (g) ) However , one
ground sign facing each street is permitted for
developments containing not less than three acres .
The subject property is a corner lot which contains
1 . 8 acres .
The Village has permitted two ground signs in the
B-3 District on lots of less than three acres north
of the subject property. One ground sign is on the
Shell service station property with an area of less
than one acre located immediately across 22nd Street
from the subject property. The other is on the
property occupied by Oak Brook Healthcare Center with
an area of 2 . 38 acres which is the third lot north of
22nd Street on the east side of Midwest Road .
The other nearby properties on the north side of 22nd
Street are located in Oakbrook Terrace and a signifi-
cant number of ground signs have been permitted there
to the east and west of the subject property. The
neighborhood is clearly accustomed to ground signs .
LORD, BISSELL & BROOK Village of Oak Brook
Att ' n ; Thomas Hawk
April 2 , 1998
Page Three
Even if the required setback for Walgreens is only
73 ' 10" it is not possible to communicate effectively
the presence of the store to occupants of automobiles
on 22nd Street . In addition, the office building
immediately south of the property severely limits the
visibility on Midwest Road to the south of signs
located on building walls . To the north the Shell
service station also limits the visibility of wall
signs to occupants of automobiles on Midwest Road .
C. The Variation Requests Meet Ordinance Requirements
With regard to both the requested variations , the
following required facts have been established :
1 . The particular physical surroundings and shape of
the specific property involved would bring a parti-
cular hardship upon the owner as distinguished from
a mere inconvenience if the strict letter of the
regulations 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 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 .
5 . The purpose of the variation is not based exclusively
upon a desire to make more money out of the property.
6 . The alleged difficulty or hardship has not been
created by any person presently having an interest
in the property.
It is therefore proper for the Zoning Board of Appeals to find
that :
A020
LORD, BISSELL & BROOK Village Q Qak. B.rQQk
Att ' n : Thomas Hawk
April 2, 1998
Page Four
1 . The property in question cannot yield a reasonable
return if permitted to be used only under the
conditions allowed by the regulations 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.
It is therefore respectfully requested that the Village
grant the requested variation to reduce from 100 feet to 73110"
the required setback from 22nd Street and the requested variation
to permit one ground sign on condition it complies with Zoning
Ordinance requirements set forth in Sec . VIII (C) (5) (h) .
Resper�fu ly yours ,
Davi M. Gooder
DMG :pg
cc S . Gendell
D . Bean
�•3.
_ 04/06/98 15:37 WALGREEN FACILITIES PLANING a 0476796660 N0. 114 P002/003
Be Pharmacy America Trusts
Date: June 10, 1996
Subject: Drive-Thr,Window Data
From: Todd Vang, Manager, Site Analysis
To: Karen Madigan, Project Architect
The following is based upon the best information we have to date on our drive-shru window'. It is from
several different surveys and tracking studies completed over the past few years. Some of which was
completed on only a few stores, but should give a strong guideline on the performance of drive-thrus.
• The average drive-thru window fills approximately 28%of its stores prescriptions through the window.
(For an average store of 250, this equates into 70 Rx/Day.)
• If the average store is open from Sam to IOpm,this is only S R Aour through the window.
• Regionally,the Northeast is the only area of the country where drive-thru usage is moderately different.
The usage is closer to 20%of its prescriptions through the window, compared to the average of 28%.
• The predominant drive-thm users are younger than our in-store customer, are more likely to have children
with thorn in the car, aad many more are coming directly from the doctor's office than the in-store
customer. People with mobility problems, mainly elderly, are also a user of the drive-thru because they do
not have to leave the car.
• The main reasons given by customers for using the window are: Quicker, Kids in car, Weather, "I'm
Sick," Safer in car, and Mobility problems.
s Just over 10%of pharmacy customers would say they use the drive-thru "Always or nearly always". The
majority of pharmacy customers(50%)use the drive-thru "Once in a while/sometines",while
approximately 40%of the pharmacy customers at a store`?Never"use the drive-thru. It is a concept that
most of our pharmacy patients will use when the situation is right.
• In a small sample of two very busy drive-dsrus, only about 20%of drive-thru customers actually waited
in line, Overall the average time for a customer to conduce their business at the drive-thru including any
wait time is approximately 2-3 minutes.
EXHIBIT A
� S ,LIHIHXS
Drive•thru Prescriptlons
v N w x. w v -4 m w
� p
0
i
E c i I
o i ! Poo
to
i ( O ...
fu
v
U)
T w tQ
� o �
pu a
0
i
.o cfl i i
t 1
£00i£00d VT T 'ON MOV099SEL9LOB F 9N I Nd7d SM i I 119dd glbM 62:9T 86i90/b0
hno M, —)\�I W)OIN:I.I, Owm)(iL!)Lrb3 L!; :$:I N6/V I%tO
RIDER A TO PETITION APPLICATION FOR PUBLIC HEARING
BGP Oak Brook L. L. C. - 2205 W. 22nd Street
ALTA / ACSM LAND TITLE SURVEY
LOT 1 (EXCEPT THE WEST 144.79 FEET THEREOF) AND (EXCEPT THAT PART BEGINNING AT
THE POINT OF INTERSECTION OF THE NORTH LINE OF SAID LOT 1 AND THE WEST LINE OF
MIDWEST ROAD: THENCE SOUTH 0 DEGREES 24 MINUTES 59 SECONDS WEST ALONG SAID WEST
LINE OF MIDWEST ROAD A DISTANCE OF 30.31 FEET: THENCE NORTH 89 DEGREES 35 MINUTES
01 SECONDS WEST 10.00 FEET: THENCE NORTH 0 DEGREES 24 MINUTES 59 SECONDS EAST
29.97 FEET TO THE NORTH LINE OF SAID LOT 1: THENCE NORTH 88 DEGREES 27 MINUTES
i28 SECONDS EAST ALONG SAID NORTH LINE OF LOT 1 A DISTANCE OF 10.01 FEET TO THE
PLACE OF BEGINNING) AND THAT PART OF LOT 3 LYING EAST OF THE EAST LINE OF THE
WEST 144.79 FEET OF SAID LOT 1 EXTENDED SOUTH, IN LESTAK'S 22ND STREET ASSESSMENT
PLAT IN THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 19,
1956 AS DOCUMENT 827346, IN DU PAGE COUNTY, ILLINOIS.
NORTH RIGHT OF WAY LINE OF 22ND STREET
N880 3453"W
11.3
9=
,yo
�0 �6� -N00
q'q� 10800 q gOhR ,�G �
O 1 GAO
Al
�� 6 ` \ 5
y0 ' X09 X00 O�y'S IV
,6q
o°� RIM-708.33 5ho RIM-707.51 00 hh
p� \\ Oq�k q6 --�
LORD, BISSELL & BROOK
115 SOUTH LA SALLE STREET
CHICAGO, ILLINOIS 60603 LOS ANGELES OFFICE
300 SOUTH GRAND AVENUE,STH FLOOR
LOS ANGELES,CALIFORNIA 90071-3200
13121 443-0700 1 2131 485-1500
CABLE: LOWIRCO CGO TELECOPY:12131 485-1200
TELEX: 25-3070
ATLANTA OFFICE
TELECOPY: (312) 443-0336 ONE ATLANTIC CENTER
1201 W. PEACHTREE STREET,SUITE 3700
ATLANTA, GEORGIA 30309
1100 Jorie Boulevard 14041870-4600
TELECOPY:14041 872-5547
Suite 243 LONDON OFFICE
630-990-0561 Oak Brook IL 60523 LLOYD'S,SUITE995
, I LIME STREET
LONDON EC3M 7DO ENGLAND
0171-327-4534
TELECOPY:Ot71-929-2250
May 13 , 1998
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523
Att 'n ; Thomas Hawk
Director of Community Development
Re : Petition Application for Public
Hearing by BGP Oak Brook, LLC
for Property at 2205 W. 22nd Street
Dear Tom ;
Enclosed herewith is a signed original Assignment
whereby Gendell Realty Partners , Inc . transfers to BGP Oak
Brook, LLC, all of the Gendell Partners right , title and
interest in and to a Real Fstate Purchase/Sale Agreement
dated February 26, 1998 , between Gendell Realty Partners ,
Inc . , as purchaser, and Andy' s Steak &- Seafood House , as
seller .
Please call me if you have any questions .
Sinc ely yours,
David M. Gooder
DMG :pg
Encl
cc D. Bean
1-141111
WJUVe
A S S I G N M E N T
FOR VALUE RECEIVED, Gendell Realty Partners, Inc. (hereinafter called
"Purchaser") hereby assigns, transfers, conveys and sets over unto BGP Oak
Brook, LLC, all the Purchaser's right, title and interest in and to a Real
Estate Purchase/Sale Agreement dated February 26, 1998, between Purchaser and
Andy's Steak & Seafood House, Inc., sole beneficiary of land trust held by
Capitol Bank & Trust Company, Trustee, under a trust agreement dated January
31, 1989 and known as Trust No. 1683 ("Seller") under which Seller agreed to
sell to Purchaser real estate on the southwest corner of 22nd Street and
Midwest Boulevard in Oak Brook, Illinois.
Purchaser shall guarantee the obligations of Purchaser and BGP Oak
Brook LLC to Seller under this Agreement, as amended, on the same terms and
conditions as would have existed in the absence of the Assignment to Oak Brook
LLC.
Dated this 1211-P day of ti 1998.
Gendell Realty Partners, Inc.
By: / ( 1
se6tt H. Gen 11, President
ACCEPTED:
BGP Oak Brook, LLC
By:
cott H. Gen ell, Managing Member
AGREED:
Andy's Steak & Seafood House, Inc. ,
sole beneficiary of land trust held by
Capitol Bank & Trust Company, Trustee,
under a trust agreement dated January
31, 1989 and known as Trust No. 1683
President
Oak Brook Assignmt Agmt 2
v�, rraw
/ too
QQ N \
Q6 ON
� A
O T
r
M
A
•+�•/� ^ F 1 tl ,tl j ^ I A 11 A 11
C� r c ca roti ► ; % q
t tl MO N N M' tl le• � tl
tl/ r 11 tl N
Mow r
CD i
•
K ! 1
'plc•-�—ci: c
0 0 we AV two
0� ^
1 �
o
r j
I � s
4
i yo
00
1
vi./
Ordinance 98-ZO-SU-S 906
Granting a Special Use Permit
Drive-Througn Prescription Pick Up
220522 rld St., Page 2
a. That the two drive through lanes for prescription pick up be constructed substantially in
conformance with the Site Plan prepared by Stewart Nosky Architects, Ltd., dated April
14, 1998, and incorporated herein by reference.
b. That on-site traffic signage shall be incorporated to alert customers wishing to travel
north on Midwest Road to use the 22"d Street exit.
C. That the drive through lanes for prescription pick-up shall be substantially completed on
or before July 14, 2000. In the event this condition is not satisfied, this Special Use
.Permit shall automatically become null and void without further action by the Village
Board.
d. That the Special Use Permit herein granted shall automatically lapse and expire without
further action by the Village Board at such time as the use of the subject property ceases
to be used as a Walgreen's pharmacy.
Section 4: That this ordinance shall be in full force and effect from and after passage and
approval pursuant to law.
PASSED THIS 14thday of July, 1998.
Ayes: Trustees Bartecki, Caleel, McInerney, Savino and Shumate
Nays: None
Absent: Trustee Kenny
Abstain: None
APPROVED _ day of July, 1998.
r �\
r
Village President
ATTEST: T
6
\' 1t
Village derk
Approved as to Form:
Village Attorney
Published
Date Paper
Not Published XX
Ordinance 98-ZO-SU-S-906
Granting a Special Use Permit
Drive-Througn Prescription Pick Up
2205 22nd St., Page 3
Applicant: B.G.P. Oak Brook, L.L.C.
do Terraco, Inc.
Address: 8707 Skokie Blvd.,#303
Skokie, IL 60077
PIN No. 06-27-100-019