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S-1423 - 04/14/2015 - ZONING -VARIATION - Ordinances ORDINANCE 2015-ZO-V-EX-S-1423 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13-6C-3F.1 and 13-6C-3F.3 OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO THE REQUIRED FRONT AND REAR YARD SETBACKS FOR THE PROPERTY AT 1715 YORK ROAD IN THE VILLAGE OF OAK BROOK, ILLINOIS (PIN: 06-24-203-007) WHEREAS, an application has been filed by the contract-purchaser, John Pembroke ("Applicant'), with the consent of the owner, Zamir Siddiqi (the "Owner'l, of the property located at 1715 York Road, Oak Brook, Illinois and legally described in Exhibit A attached hereto and incorporated herein ("Property'), requesting a variation ("Variation") from Section 13-6C-3F.1 and 13-6C-3F.3 of the"Zoning Ordinance of the Village of Oak Brook," as amended ("Zoning Regulations"), to allow for the construction of a new single-family residence ("New Residence") within the required front yard and rear yard setbacks ("Requested Relief'); and WHEREAS, the Property is located in the R3 Single-Family Detached Residence District ("R3 District'); and WHEREAS, Section 13-6C-3F.1 of the Zoning Regulations does not permit properties located in the R3 District to have front yard setbacks less than 40 feet in depth ("Front Yard Setback'); and WHEREAS, Section 13-6C-3F.3 of the Zoning Regulations does not permit for properties located in the R3 District to have rear yard setbacks less than 40 feet in depth ("Rear Yard Setback'); and WHEREAS, on August 12, 2003, a variation for the Property was approved pursuant to Ordinance 2003-ZO-V-EX-S-1048 ("S-1048'1 allowing the front yard setback to be reduced to 20.92 feet and the rear yard setback to be reduced to 25 feet for the construction of a new residence on the Property, which construction was to be completed within two years of the passage of S-1048; and WHEREAS, pursuant to S-1048, an owner of the Property demolished the home on the Property, but never constructed a new structure; and WHEREAS, because the new structure was not constructed on the Property in a timely manner, S-1048 is now null and void, thereby necessitating the Applicant to apply for the Requested Relief; and WHEREAS, the New Residence (i) will encroach into the required front yard with an approximate 20.5 foot Front Yard setback and (ii) will encroach into the required rear yard with an approximate 24.9 foot Rear Yard Setback; and WHEREAS, on March 3, 2015, the Oak Brook Zoning Board of Appeals ("ZBA'� conducted a public hearing pursuant to due and appropriate legal notice on the application for the Variation; and WHEREAS, after the close of the public hearing, the ZBA found that the Applicant satisfactorily addressed the factors required for approval of the Variation set forth in Section 13-14-6D of the Zoning Regulations and, in a letter to the President and Board of Trustees dated March 17, 2015, recommended approval of the Variation subject to certain conditions; and North 42.8E S.G.Architects,Inc. ARCHITECTS-PLANNERS 1401 BRANDING,SURE 270 DOWNERS GROVE.IL60515 ll.l ph.630.9698279 - W 636969.0692 Z g 1300 � 48A Q Z QJ _- J g BUILDING DEPARTMENT NOTE O L' cc - --- TYP. sPECOxaTraevawD VOx ZA9 m p Y��ECfS } O ' APPDVl9 ANDBAR96:[SSAHlD1AE59 O rj OO ERWBFPpO DEDNWMK ARE MFI-0FD A9 A 4YA9f SI.9MIITAI FOR j _ O,E UIaILaxOOw\. ®®FM \ FM ttP �j PROPOSED IO,I'LL�'IIyII. WOSTOW R-3 ZONING RESIDENCE _ ®2014 BG.ARCIOTECTS.91D. REGULATION REQUIRED PROPOSED 2zs -- ,�{OPA�YWG3 PAVE fiFEY PRFFA Rm N IJY LOT AREA= 21,780.00 11,606.25 ---_ _ _- _ -TOyroERprcDIaECrsLrEnvmw+xmTOTI¢ epsrop6nNOwIEODECOwaR61roT19[mcEs PfDV�DUETOw°Fwu+TL�rFnESwrtm'� j p1DJUS7ED L'-IRE) LOT WIDTH= 100.0' 111.9 (1091NN.WOHING BUILMBLET PROPOSED ELEVATION-B SIDE LOAD STRUCTURE HEIGHT= 40.0' 32.0' b SETBACBDIMENSIONs ARE TOPLWE SCALE:3116"=1'0* GROUND FLOOR AREA= 1,500 11,000 2,161 728.32' pAk ONE STORY/TWO STORY) IINCLGARAGEI N StEPH OwLWY�NKr RP+CIP FRONT YARD SETBACK= 40.0' 20.5' CDRPDPNEmDCDSENa 6c4pK82E%P.W.T31 L1M62 E14.I1J316 SIDE YARD SETBACK= 12.0' 13.0' HEAR YARD SETBACK= 40.0' 24.9• �cr PROPOSED SITE PLAN-13 SCALE:1"=20'0" PROPOSED RESIDENCE 1715 YORK ROAD OAK BROOK,IL North 4288• ISLAND CONSTRUCTION N - 10621 S.KOSTNER U.1 OAK LAWN,IL 60453 Z _ PH.708.229.0993 FAX 708.557.7296 Q O z Lu zD.s o J _ _ Y ('S --- ®� ttP. o cc O m DATE: 6Y' O NQ' >- 6SUESANDREYISIONS: m MDS fl-13-14 REUMOWflY FOR YARMCE , - OI-2315 FADS ' ---- PROJL REVISIONS PROPOSED ®®®® ®®®®®®®® TWO-S ORY R-3 ZONING RESIDENCE ®®®® ®®®®®®®® REGULATION REQUIRED PROPOSED LOTAREA= 21,780.00 11,606.25 --_ ___ ®®®® ®®®®®®®® IA.V2-ACRE) b - -_ LOT WIDTH= 100.0' 111.0' 1109 MW.YlR70NG 6UILOA9LE1 PROPOSED ELEVATION-A FRONT LOAD STRUCTURE HEIGHT= 40.0' 32.0' M SERA MECTOEAEUNE 14098 ME roEAVE uNE SCALE:3116°=1'0" JOB N0. 128.3r (TYPICAL) - GROUND FLOOR AREA= 1,500/1,000 2,277 DATE: 11-12OB PAIN.ONE STORY/TWO STORY) (INCLGARAGE) MOB FROM YARD SETBACK= 40.0' 20.5' DRAWN BY: SCALE: AS NOTED SIDEYARDSETBACK= 12.0' 13.0' _ SHEET N0. REARYARDSET6ACK= 40.0' 25.0• . PROPOSED: >SITEPW 5 >FRONT ELEVATIONS PROPOSED SITE PLAN-A OF Z SCALE:1"=20'0" - Ordinance 2015-ZO-V-EX-S-1423 Granting a Variation from the Provisions of Section 13-6C-3F.1 and 13-6C-3F.3 For 1715 York Road PIN:06-24-203-007 Page 8 of 8 EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT LEGAL DESCRIPTION Property: The subject property is located at 1715 York Road in Oak Brook, Illinois and the legal description is as follows: Lot 1 in Flippinger's Subdivision, being a Subdivision of part of the Southwest 1/4 of the Northeast 1/4 of Section 24,Township 39 North, Range 11 East of the Third Principal Meridian, reference being had to the plat thereof recorded on May 24, 1954 as Document 717792, in DuPage County, Illinois. PERMANENT INDEX NUMBER: 06-24-203-007 M ITEM 9.A. PEMBROKE- f7f5 YORK ROAD Variation—Front and Rear Yard Setbacks INDEX PAGE CONTENTS 12-12.a Memorandum from Director of Community Development Kallien-Village Board Agenda— March 24, 2015 11-11.a Zoning Board of Appeals Recommendation Letter dated March 17, 2015 10-10.f Zoning Board of Appeals Meeting Minutes dated March 3, 2015 9-9.c Staff Report from Director of Community Development Kallien—dated February 25, 2015 8 Aerial View of Site 7 Resident Letter dated February 13, 2015 6 Certificate of Publication dated February 13, 2015 5 Board of Trustees Meeting Minutes dated February 10, 2015 4 Referral Memo—Board of Trustees Agenda dated February 10, 2015 3-3.a Zoning Regulations—R-3 Lot Area Requirements— 13-6C-3F.1 and.3—Front and Rear Yard Setback 2 Ordinance S-1048 dated August 12, 2003 Approved a 25-foot Rear Yard Setback and 20.92-foot Front Yard Setback Variation for Construction of a Single Family Home—Expired August 12, 2005 1-1.b Village Board Minutes dated July 22, 2003 and August 12, 2003—Zoning Board of Appeals Recommendation Letter dated July 10, 2003. A Petition Application B Letter of Explanation C-C.1 Variation Standards D Certification of Surrounding Property Owners E Surrounding Property Owners List F Fee/Receipt for Variation G Subject Property Verification and Legal Description H Site Plan—Conceptual Plan of Proposed Residences—Sheet 2, Revision dated 1-29-15 1 Buildable Area on Existing Lot—Sheet 1, Revision dated 1-29-15 J Plat of Survey G� OF. OA f .� 9a v y v CF CO U NZI, AGENDA ITEM Regular Board of Trustees Meeting of March 24, 2015 SUBJECT: Pembroke— 1715 York Road—Variation FROM: Robert L. Kallien, Jr.,AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to concur with the recommendation from the Zoning Board of Appeals to approve the requested variation to allow the construction of a new residence with a front yard setback of 20.5 feet and a rear yard setback of 24.9 feet for the property located at 1715 York Road subject to the following conditions: 1. The proposed development shall be constructed in substantial conformance to the approved plans which includes the building footprint depicted on elevation B; 2. Maintain and preserve the existing large trees on the property; 3. Add the condition "Notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived."And, 4. Adoption of an ordinance necessary to grant the requested variation, which ordinance the Village Attorney shall by this motion be directed to prepare for consideration at the April 14,2015 Board of Trustees meeting. Background/History: At its meeting on March 3, 2015 the Zoning Board of Appeals held the required public hearing and completed its deliberations on a petition from John Pembroke as contract purchaser, seeking approval of a variation for the vacant property at 1715 York Road to permit the construction of a new residence. In 2003, the original home was destroyed by fire and later demolished. The owners of the property Zamir and Sureya Siddiqi had been granted approval of a variation under Ordinance S-1048 allowing a 20.92 foot front yard setback and rear yard setback of 25 feet. The ordinance contained a provision �02. requiring the construction of the new home to be completed in two years; however,the home was never constructed and the setback provisions expired. The subject property y has a unique and unusual sha p e which will make construction of a residence difficult without the request variation. Because of an abandoned easement, the distance between the proposed residence and the front road will be substantial. Recommendation: By a vote of 6 to 0, the Zoning Board found that the applicant had satisfied the requirements and standards for the requested variation and recommended approval of the of the variation to allow the construction of a new residence with a front yard setback of 20.5 feet and a rear yard setback of 24.9 feet for the property located at 1715 York Road subject to the following conditions: 1. The proposed development shall be constructed in substantial conformance to the approved plans which includes the building footprint depicted on elevation B; 2. Maintenance and preservation of the existing large trees on the property; and 3. Add the condition "Notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived. " Page 2. l0 J:\1-FROM BOB\Bot-PC-ZBA\BOT-Rec-Pembroke-1715 York-Bob Copy-2015.doc 7 a 04* • • G i � o t 0 A O y G O 2 9`F'�o u1 N 4 March 17, 2015 Village of Village President and Board of Trustees Oak Brook Village of Oak Brook 1200 Oak Brook Road 1200 Oak Brook Road Oak Brook,IL 60523-2255 Oak Brook, IL 60523 Website www.oak-brook.org Subject: Pembroke— 1715 York Road—Front and Side Yard Variations Administration 630.368.5000 Dear Village President and Board of Trustees: FAX 630.368.5045 Community Background Development At its meeting on March 3, 2015 the Zoning Board of A pp eals hel d a public hearing 630.368.5101 on a petition from John Pembroke as contract purchaser, seeking approval of a FAX 630.368.5128 variation for the vacant property at 1715 York Road to permit the construction of a Engineering new residence. Department 630.368.5130 In 2003, the original home was destroyed by fire and later demolished. The owners FAX 630.36$.5128 of the property Zamir and Sure a Siddi i had been granted a pp roval of a variation Fire Department under Ordinance S-1048 allowing a 20.92 foot front yard setback and rear yard 630.368.5200 setback of 25 feet. The ordinance contained a provision requiring the construction of FAX 630.368.5251 the new home to be completed in two years; however, the home was never Police Department constructed and the setback provisions expired. 630.368.8700 FAX 630.368.8739 The subject property has a unique and unusual shape which will make construction of a residence difficult without the request variation. Because of an abandoned Public Works Department easement, the distance between the proposed residence and the front road will be P substantial. ubstantial. FAX 630.368.5295 Public Comment Oak Brook All interested parties were notified of the public hearing. No one spoke either in Public Library support of or in opposition to the request. One person called regarding the maintenance of the property and the adjacent property which is owned by the 600 Oak Brook Road Oak Brook,IL 60523-2200 Village. The Zoning Board assumes this inquiry will be addressed in due course and 630.368.7700 the applicant agreed to address any issues found on this property. FAX 630.368.7704 Recommendation Oak Brook Sports Core By a vote of 6 to 0, the Zoning Board found that the applicant had satisfied the requirements and standards for the requested variation and recommended approval of Bath&Tennis Club 700 Oak Brook Road the of the variation to allow the construction of a new residence with a front yard Oak Brook,IL 60523-4600 setback of 20.5 feet and a rear yard setback of 24.9 feet for the property located at 630.368.6420 1715 York Road subject to the following conditions: FAX 630.368.6439 Golf Club 1. The proposed development shall be constructed in substantial conformance to 2606 York Road the approved plans which includes the building footprint depicted on Oak Brook,IL 60523-4602 elevation B; 630.368.6400 FAX 630.368.6419 March 17,2015. Village President and Board of Trustees RE: Pembroke— 1715 York Road—Variation Page 2 2. Maintenance and preservation of the existing large trees on the property; and 3. The Board's standard condition that the applicant meets all Village Ordinance requirements.at the time of building permit application except as specifically varied or waived." Very truly yours, NOTE: Chairman Davis has reviewed and verbally approved the content of this letter pending his signature. The signed original will be placed in the official file upon receipt. Champ Davis Chairman Zoning Board of Appeals ZBAChairletter-pembroke-1715 York-VAR-2015-REV.doc MINUTES OF THE MARCH 3, 2015 REGULAR DRAFT MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN OR AMENDED ON_, 2015 1. CALL TO ORDER: CALL TO ORDER The Meeting of the Zoning Board of Appeals was called to order by Chairman Champ Davis in the Samuel E. Dean Board Room of the Butler Government Center at 7:00 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairman Champ Davis, Members Jeffrey Bulin, Natalie Cappetta, Baker Nimry, Steven Young and Wayne Ziemer ABSENT: Member Alfred Savino IN ATTENDANCE: Dr. Mark Moy, Trustee, Robert Kallien, Jr., Director of Community Development and Gail Polanek, Planning Technician 3. APPROVAL OF MINUTES: MINUTES REGULAR MINUTES OF THE JANUARY 6, 2015 MEETING Motion by Member Bulin, seconded by Member Ziemer to approve the minutes of the January 6, 2015 Regular Zoning Board of Appeals meeting as written. VOICE VOTE: Motion carried. 4. UNFINISHED BUSINESS UNFINISHED BUSINESS There was no unfinished business to discuss. ( 5.)- NEW BUSINESS NEW BUSINESS (� A./PEMBROKE — 1715 YORK ROAD CV ARIA TION — FRONT AND PEMBROKE-1715��i YORK ROAD.- RAR YARD SETBACK—CONSTRUT NEW RESIDENCE VARIATION- FRONT AND REAR YARD SETBACK Chairman Davis announced the public hearing and stated the requested relief had been before the Zoning Board of Appeals in 2003 and approved by the Village Board. Essentially the same relief approved in 2003 was being sought at this public hearing. The Siddiqi's had sought the previous relief so that they VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1 of 7 March 3,2015 could build a home and the approval gave them two years to build the new home, but when they did not, the ordinance expired. The applicant is seeking the same relief as was sought in 2003. All witnesses providing testimony were sworn in. Steve Gawlik, S.G. Architects, Downers Grove, Illinois and John Pembroke, Island Construction, 10621 S. Kostner Ave., Oak Lawn, IL, applicant and contract purchaser of the property provided testimony at the hearing. Mr. Gawlik reviewed the standards for a variation as follows: 1. a. 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. RESPONSE: The required setbacks and the unique shape of the lot would not a house to be built on the property. 1. b. The plight of the owner is due to unique circumstances. RESPONSE: The lot has a unique shape and the required setbacks would not allow a house to be built or provide a reasonable return. 1. c. The variation, if granted, will not alter the essential character of the locality. RESPONSE: The variation, will not alter the essential character of the locality, in fact a new house would enhance the current streetscape instead of a vacant lot. 2. a.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. RESPONSE: If the same variation were granted that was approved in 2003 there would not be a hardship due to the size and shape of the lot. 2. b.The condition upon which the petition for variation is based would not be applicable generally to the other property within the same zoning classification. RESPONSE: It is not applicable unless there was another lot in the location with the same kind of configuration as this lot seeking the same relief. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 7 March 3, 2015 �� Q 2. c.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. RESPONSE: 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 and would in fact enhance the overall neighborhood when construction would be complete. 2. d.The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. RESPONSE: The proposed variation if granted would not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. In fact it would enhance the value of the lot in the neighborhood. 2. e.That the purpose of the variation is not based exclusively upon a desire to make more money out of the property. RESPONSE: If the variation is granted based on the current unique size of the lot, a house would actually be able to be built. If not, nothing could be built on the lot at all, with the exception of a 20x20 garage. 2. f. That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. RESPONSE: The hardship of the lot is based on angle of the lot and the setback requirements. Nothing has been done by the owners to increase that hardship. Chairman Davis noted that when the variation was granted in 2003, one of the conditions was maintaining the tall trees in the rear of the property and asked Mr. Pembroke if he would accept that condition. Mr. Pembroke agreed that he would accept that condition. Chairman Davis noted that there appeared to be a substantial distance located within a vacated easement in front of the property. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 7 March 3, 2015 Mr. Gawlik responded that there is a buffer between Wood Glen Lane and the actual property. Between Wood Glen Lane and the center of the lot there is almost 103 feet. The buffer has quite a bit of landscaping on it. He could only guess the buffer was there when Wood Glen Lane came through to York Road. Obviously it is not a buildable portion of the lot because it is located outside the lot lines. Director of Community Development Kallien responded that the majority of the area in front is owned by the Village of Oak Brook and is excess right of way. York Road used to have a different alignment that angled off almost parallel to the original three lots. As noted in 2003 and in the current staff report, although they are seeking a reduction in the front yard to 20.5, there is another 120 feet between the roadway and the front of the property that will be retained by the Village. Chairman Davis noted that if the trees are maintained at the rear of the lot, it appears that there is substantial landscaping on the lot directly behind the rear yard. Mr. Gawlik responded that there was a substantial amount of landscaping, including shrubbery and trees on the neighbors property. Director of Community Development Kallien added that at the far end of the lot, the small triangular piece of land missing is a wooded area also owned by the Village of Oak Brook. A couple of calls were received from people in the area that want it cleaned up. The message has been given to the Public Works Department and after the snow melts the area will be cleaned. The Village is also responsible for the maintenance of property in front of the lot. Chairman Davis question whether any other calls were received. Gail Polanek, Planning Technician responded that two people were just curious as to what was going on. The neighbor that lives directly behind the subject property was concerned about some debris and dead shrubbery and trees on the lot. That was his only concern that the area be taken care of. Mr. Pembroke responded that he had not heard anything from the neighbors. There were no comments or questions from the audience. Member Nimry questioned whether the next door neighbor new that the new house would be sticking out about 20 feet more than their house. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 7 March 3, 2015 0 • Gail Polanek responded that notices were sent to all of neighbors and no one called stating that it was a concern. Member Young questioned whether there was any construction debris was there that should be a concern, such as burned or buried on the site. Director of Community Development Kallien responded that a demolition permit was issued and the house was taken away not buried. Member Ziemer questioned that it was difficult in the winter to determine what landscaping is alive or dead and asked that they would be willing to remove the dead landscaping and replace it with something appropriate. Mr. Pembroke responded that they would. Mr. Gawlik added that they would try to maintain any of the large mature trees located back there. Some may need some pruning. Member Bulin noted that the previous site plan had shown tree locations and the current site plan did not. Mr. Gawlik noted that he did not know whether some of those trees had been damaged or come down over time. He said that when the final site plan was submitted to the Village for building permit they would have all of the trees located as part of that. Director of Community Development Kallien said that if the Zoning Board and ultimately the Village Board places that as a condition it would be noted at the time of building plan review. They would make sure that the trees to be saved are saved. Member Bulin questioned the applicant's preference to the site plans submitted. Mr. Gawlik responded that it would probably be the side load garage in order to limit the garage view from the front. Director of Community Development Kallien suggested that the larger be chosen so that either house could fit in the footprint. The front yard would be 20.5' and the rear yard would be 24.9' VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 7 March 3, 2015 Ind Mr. Gawlik responded that either option could then fit into the larger setback. Member Cappetta noted that as a Village we would be better off with the lot improved. They were not seeking to overbuild the lot, especially with all the property the Village owns around it. Mr. Gawlik noted that there was so much excess land owned by the Village abutting the property. Director of Community Development Kallien noted that the house proposed is a very small house, although a very nice house and in scale with the properly. Member Bulin questioned why the first ordinance expired in two years. Chairman Davis questioned the plans for construction. Mr. Pembroke responded that once approved by the Village they would move forward with building plans. Gail Polanek added that part of it back then was that there was a burnt out house on the property and wanted to be removed. Director of Community Development Kallien noted at that time the old house was still standing on the property. Chairman Davis said that it made sense they would have wanted something done on the property, and based on that would not suggest a provision unless the members felt the need to include it as a condition. Chairman Davis noted that the Standards for a variation were addressed verbally and in writing on page C of the case file. Sufficient facts had been presented to enable a vote on the matter. Motion by Member Bulin, seconded by Member Ziemer that the applicant had satisfied the requirements for a variation and to recommend approval of the variation to allow the construction of a new residence with a front yard setback of 20.5 feet and a rear yard setback of 24.9 feet, subject to the following conditions: 1. Maintain and preserve the existing large trees on the property; 2. The footprint on proposed elevation B provides for the larger setbacks to be used; VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 6 of 7 March 3,2015 3. The proposed development shall be constructed in substantial conformance to the approved plans as submitted or as will be approved; 4. Add the condition "Notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived." ROLL CALL VOTE: Ayes: 6 — Members Bulin, Cappetta, Nimry, Young, Ziemer and Chairman Davis Absent: 1 —Member Savino. Motion carried. 6. OTHER BUSINESS OTHER BUSINESS Director of Community Development Kallien reviewed possible upcoming cases. There was no other business to discuss. 7. ADJOURNMENT: ADJOURNMENT Motion by Member Ziemer, seconded by Member Bulin to adjourn the meeting at 7:28 p.m. VOICE VOTE: Motion carried. ATTEST: Robert Kallien, Jr. Director of Community Development Secretary VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 7 of 7 March 3, 2015 VILLAGE OF OAK BROOK Zoning Board of Appeals STAFF REPORT DATE: February 25, 2015 CASE NOS: 2015-01-ZO-VAR DESCRIPTION: Variation — To Sections 13-6B-3F.1 (required front yard) and 13- 6B-3F.3 (required rear yard) to permit the construction of a new home. PETITIONER: John Pembroke, Contract Purchaser of Property 530 E. Highland Avenue Village Park, IL 60181 ADDRESS: 1715 York Road LOT SIZE: 12,647 square feet EXISTING ZONING: R-3 Single-Family Detached Residence District ZONINGIUSE OF SURROUNDING PROPERTY: North: R-3 Single-Family Detached Residence District, single-family homes. South: Same. East: Same. West: Same. DISCUSSION: John Pembroke (contract purchaser) of the vacant property at 1715 York Road has submitted a petition seeking approval of a variation to Sections 13-613-317.1 (required front yard) and 13-6B- 3F.3 (required rear yard) to permit the construction of a new home. Specifically, the applicant is seeking variations to reduce the front yard setback to approximately 20.5 feet and reduce the rear yard setback to approximately 24.9 feet. In 2003, the original home, which was moved to the lot in the 1950's was destroyed by fire and later demolished. It was a nonconforming small frame home with a detached garage and had a front yard setback of 30.29 feet. The owners of the property (Zamir and Sureya Siddiqi), sought to build a new home and requested variations to reduce the required 40-foot front yard setback to 30.92 and the rear yard to 15 feet. Following the initial public hearing and addressing the surrounding neighbors concerns, the rear yard setback was increased to 25 feet in order to move the house toward the front of the lot and the front yard setback was reduced to 20.92 feet. STAFF REPORT-PEMBROKE 1715 YORK ROAD-VARIATIONS-FRONT AND REAR YARD CASE No: 2015-01-ZO-VAR Subsequent to the public hearing and positive recommendation from the Zoning Board of Appeals, the Village Board concurred with the Zoning Board and the request as revised was approved in 2003 and resulted in the adoption of ordinance S-1048 included in the case file. That particular ordinance contained a provision requiring a two year window to complete the construction of the new home. Since the home was never started, the setback provisions of Ordinance S-1048 are now null and void. (The 2003 Zoning Board of Appeals recommendation letter and Village Board minutes have been included in the case file as background information) The reduction in setbacks approved by Ordinance S-1048 is what the applicant is currently seeking for the property, with the exception of changing the odd 20.92 foot front yard setback to 20.5 feet. ' Please see the case file for additional information provided by the applicant regarding this request. Staff Comments: • The subject property encompasses 12,647 square feet or approximately .29 acres which is approximately one-half the minimum 25,000 square foot lot size required in the R-3 District. • The previous home (demolished in 2003) had a 30-foot front yard and 12-foot rear yard setback for the garage. • Ordinance S-1048 which was approved for 1715 York permitted a front yard setback of 20.92 feet and a rear yard setback of 25 feet. The applicant in this case is seeking a front yard setback of 20.5 feet and a rear yard setback of 25 feet in order to construct a new home. • Ordinance S-1048 also included the condition to retain the large trees in the rear of the property. • As was noted in the 2003 request, due to the presence of a significant landscaped area (discarded right-of-way) that is located between the Siddiqi property and Wood Glen Lane, the distance between Wood Glen Lane and the westernmost wall (front) of the proposed new home is in excess of 123 feet. • The property is very oddly shaped and without the benefit of variations cannot accommodate a new home. RESPONSIBILITIES OF HEARING BODIES: The Zoning Board of Appeals has the responsibility to make a recommendation on a request for a variation. Please include in your consideration your findings with respect to the standards specified in the Zoning Ordinance for a variation. The materials submitted by the applicant specifically address these standards (see the case file). Those standards are: "Section 13-14-6 D. Standards: 2 • • STAFF REPORT-PEMBROKE 1715 YORK ROAD-VARIATIONS-FRONT AND REAR YARD CASE No: 2015-01-ZO-VAR 1. The Zoning Board of Appeals shall not recommend a variation of the provisions of this Title 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: a. 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. b. The plight of the owner is due to unique circumstances. c. The variation, if granted, will not alter the essential character of the locality. 2. 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: a. 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. b. The condition upon which the petition for variation is based would not be applicable generally to the other property within the same zoning classification. c. 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. d. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. e. That the purpose of the variation is not based exclusively upon a desire to make more money out of the property. f. That the alleged difficulty or hardship has not been created by any person presently having an interest in the property." CONCLUSION: If the Zoning Board of Appeals is of the opinion that the applicant has satisfied the requirements for the requested variations to the Zoning Ordinance for the property located at 1715 York Road, a recommendation including specific reasons for its recommendation to approve the requested variations to construct a new home subject to the following conditions: 1. Maintain the existing large trees on the property. 2. The proposed development shall be constructed in substantial conformance to the approved plans as submitted. 3. Add the condition "Notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived." 3 STAFF REPORT-PEMBROKE 1715 YORK ROAD-VARIATIONS-FRONT AND REAR YARD CASE No: 2015-01-ZO-VAR However, if you determine that the petitioner has not satisfied the required standards for a variation, the request should be denied and including specific reasons for its recommendation to deny the requested variations. Findings of fact, which are the basis of the Zoning Board of Appeals determination, should be stated as part of either motion. The recommendation may state any conditions reasonably related to the petition,which the Zoning Board deems necessary to protect the public interest. Respectfully Submitted, Robert L. llien J ., AICP Director f C unity Development 4 is -consortium• i?'°ia;aoffico •. w. Mme` MJ Un It,*'I-Ii` } F b. wa •: � Resiclerice � _ 'k h ' j WooBFGIN Ln i. ;17x21 'O t IA t 1 ° ", ors •! c.r 0-02 le. inch equals a �< :._c==_..__r Fetruarr2:,2CH :':Q 5 oIs conxti 4=d mop Ir C.All F.ig:t:Film a' '[?.sGI°.Gr..a::tiu��S?,E:rFIr.•_Eteretli?bls:Frs^.}••;.- -.---.�_=_ti,r.atCiufosuraccz�•�.:g�ociCa�u•�--_F�i:-:*_dsiz- Di..Iti�r:7!:?:xEp i s;x ga"erE1 i:3x�.atio-pupo;ea xh•Ai�_:n:�:t're iafir�stf a.^.i�:a?i_-�.�t.to sue:=J t}-e:_s^�t_=r:=a:;-:et~i at�:�r__u;�;*.sa?�i^.:er�.^x tls•cr.� i:?E.CY.'cl•.'ifi'.L"-Q'�i:?s*Ct C�!LStlt lit?ES?z Si?I•+S t•,'�.?I aJ".."gs lf.:*.i!y:i:t.Ot2Y+:3?�.4?!:_T_ir??tiT.a JSi��R�15Iz1� I._+.L�ZL'1tat�Y i}vL'l�h?C:C"3�1i t8�t::=_fLf2iS?}'+f6_ii2 lacatlor bcocrGarieser&A grtaa 4 GE OF Oq,r • . P eqo � o f e _ e G C .D OD N14 Village of February 13, 2015 Oak Brook 1200 Oak Brook Road Oak Brook,IL 60523-2255 Dear Resident: Websfte www.oak-brook.org The Oak Brook Zoning Board of Appeals and the Village Board will be considering a Administration variation at the meetings scheduled on the reverse side of this notice. 630.368.5000 FAX 630.368.5045 The application has been filed by: John Pembroke 10621 S. Kostner Ave. Community Oak Lawn, IL 60181 Development 630.368.5101 FAX 630.368.5128 Relationship of applicant to property: Contract Purchaser Engineering The property in question is located at: Vacant land located at 1715 York Department Road 630.368.5130 FAX 630.368.5128 Property Owner: Zamir Siddiqi Fire Department 530 E. Highland Avenue 630.368:5200 Villa Park, IL FAX 630,368.5251 Police Department Also included in this notice is a map* of the area to assist you in determining.your 630.368.8700 relationship to the property in question. FAX 630.368.8739 Public Works The a pp licant is seeking a pp roval of variations in order to constru ct a new single I e Department family home at 1715 York Road. 630.368.5270 FAX 630.368.5295 If you desire more detailed information, please contact the Community Development Department at 630-368-5103 to review the file on this application. If you would p pp Y Oak Brook like a copy the site plan emailed to you, p lease call and provide your email Public Libra rX address so that it can be sent t0 Y ou. 600 Oak Brook Road Sincerely, Oak Brook,IL 60523-2200 FAX 630.368.77 FAX 630.368.7704 Oak Brook Sports,Core Robert L. Kallien, Jr., AICP Director of Community Development Bath&Tennis Club 700 Oak Brook Road RLK/g p Oak Brook,IL 60523-4600 630.368.6420 FAX 630.368.6439 Golf Club 2606 York Road .Oak Brook,IL 60523-4602 630.368.6400 FAX 630.368.6419 In accord with the provisions of the American with Disabilities Act, any individual who is in need of a reasonable accommodation in order to participate in or benefit from attendance at this public meeting should contact the Butler Government Center (Village Hall), at 630-368-5010 as soon as possible before the meeting elate or for TDD response (630) 990-2131 as soon as possible before the meeting date. All meetings are held in the Butler Government Center of the Village of Oak Brook, located at 1200 Oak Brook Road (31st Street and Spring Road), Oak Brook, Illinois. Zoning Board of Appeals**................................7:00 p.m., Tuesday, March 3, 2015 Board of Trustees Meeting..........................7:00 p.m., Tuesday, March 24, 2015*** ** Public Hearing Body ***Tentative—Follows the completion of the Zoning Board of Appeals public hearing 20 7liq i RDDSEVEL� RD�:1' s::c�}01 2264 2 t14 j 22 4049 g4r03 228 12. ^; 24 22 NET— 1 232 230 0 21$ 13 i � c V i s re tiw 236 234 z ii r 17 l 21 ��'s�-•Fa�'.�t�3.w5' ka'��„,s �`fi"` •a��' '��ita 'y,a �23tlk�,r_.� -1_ �9Q17+215�2 4 - t - _ 5 I L r w QCAT�PN $?' +r 70y1 503 _ ! 50811 O 02 209 208.103, r v! . OF 250 � 0��•+� �.507 10 s � 309'• .20B �iO4 �r z37 s F SUgJ � r °7 05 3oa.207 a ECT PRpp ! .258 < f 602.60 . . � 205 R rI -" .600::.:•.... - �� r 15: `� � 1'. c! - � �!•S r �25$ � � 606 � -{i'Sf.�X. 203 9 "` - seW��vY 14 15 706. 6U$ o� k 1 7 k 28{29 3031 J. 33'�� 0 12 ' a6 601 $03 \ 6108 1 -} - - -11 • 17 08 709� 612. �� =y ,�; r Y, � 5 y t� - � ,c - �� •10 � 710 71�r 6 611, 3 � I OS _ �. •- 55 34r` 43. 42 19 712 7i 5 n .,�Or .714 x/15 19. 2 3 727 z 3 C 52 4 20. U g / 37 102 901 0 722=. 901 ?S 72g _ ,n-x- v� x 5 r 31 s 23 g� X03 906 8� 803 '730 735 } F 16 r i 13 12 i� 14� '� 5� �3 � f`� 7 � 30 28 28 27,'26 810 912 909 .808 B08 736 , { i 3 '75 14 � � 7 ,q � s 4 � z 725 '., y r, , •C?`Y i � a' �j, ' S � 1 ..i. SM it 200 160 is`�ti s y a G 306 11 J J �_33,, r J ♦ e _ 79'19 re 1 � +J^x is �x�x tai.%: .,.j y' �� tr � ,53.0 j �.^.�� ,�'3'.r "�?�.. {?..,f.... ...-+ s• lr �....,.....: t••J i *Note: The map provided is only an approximation of the area in question and is intended to be used only as a visual aid to determine your relationship to the prop • Pembroke-Siddigi-1715 York-Res.Ltr. Public Notice -PUBLIC NOTICE IS • • HEREBY GIVEN that a ppublic hearing before the Zoning Board of Appeals of the Village of Oak Brook, Du Page and Cook Counties, CERTIFICATE OF PUBLICATION Illinois,will be held on Tues- day, March 3, 2015 at 7:00 p.m.In the Samuel E.Dean Board Room of the Butler Paddock Publications,Inc. Government Center,Village of Oak Brook, Oak D&Redd Brook Road,Oak Brook,Illi- nois 60523 for the purpose of considering the application cation from John Pembroke,10621 S.Kostner Ave.,Oak Lawn, Illinois 60181,contract Pur- chaser of the property lo- Corporation organized and existing under and by virtue of the laws of cated at 1715 York Road, Oak owner of the property the State of Illinois,DOES HEREBY CERTIFY that it is the publisher Zamir Siddiqi,530 E. High- land Avenue,Villa Park,IL. of the DAILY HERALD. That said DAILY HERALD is a secular variar onli`as t Provided"fed newspaper and has been circulated daily in the Village(s)of under Title 13 of the Zoning Ordinance of the Village of Addison,Bensenville,Bloomingdale, Carol Stream,Glendale Heights, Oak Brook, Illinois, Ordi- nance petitioners a ed. Glen Ellyn,Itasca,Keeneyville, Lisle,Lombard,Medinah,Naperville, The petitioners have sub- I) mated application seek- ing approval Oak Brook,Oakbrook Terrace,Roselle, Villa Park, Warrenville, order to construct variations in a new sin- Yoe rkfRoad Oo a atk,15 West Chicago, Wheaton, Winfield, Wood Dale,Aurora, Elmhurst Illi- nois 60523. All persons desiring to be heard will be afforded an op- portunity to do so and may submit their statements orally or in writing or both. The hearing may be re- cessed to another date if no- tice of time and place thereof is publicly an- nounced at the hearing or is given by newspaper publi- cation not less than five(5) days prior to the date of the recessed hearing. The subiect property is lo- cated at 1715 York Road in Oak Brook, Illinois and the legal description is as fol- lows: LOT 1 IN FIPPINGER'S SUB SON, BEING A SUBDIVISON OF PART OF THE SOUTHWEST U4 OF THE NORTHEAST 1/4 OF SECTION 24,TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCI- COunty(ies)ofDuPage PAL,MERIDIAN,REFER- THE PLAT BEING HAD RE and State of Illinois,continuously for more than one year prior to the CORDED ON MAY 24,1954 AS DOCUMENT 717792, IN date of the first publication of the notice hereinafter referred to and is of DUPAGE COUNTY, ILLI- NOIS.P.I.N 06 2NTY07 general circulation throughout said Village(s), County(ies)and State. - The petitioner's application including all supporting doc- uments is on file with the Di- rector t. Community so wishing ing to I further certify that the DAILY HERALD is a newspaper as defined in Devel- opment.Persons wishing to examine t ay the petition do so if Act to revise the law in relation to notices"as amended in 1992 with the Community Oevel- pm o tea eptook ent, Oak Illinois Compiled Statutes, Chapter 7150,Act 5, Section 1 and 5.That a 60523, Rtelep oaneBr630368- notice of which the annexed printed slip is a true copy,was published 5103. In accord with the prove- February 13,2015 in said DAILY HERALD. sions of the American with Disabil it les Act, any indi- vidual who is in need of reasonable accommotlation IN WITNESS WHEREOF,the undersigned,the said PADDOCK in order to participate in or benefit from attendance at this public meeting should PUBLICATIONS,Inc.,has caused this certificate to be signed by,this contact the Butler Govern- ment Center(Village Hall), authorized agent,at Arlington Heights,Illinois. at 630-368-5000 as soon as possible before the meeting date. Charlotte Pruss PADDOCK PUBLICATIONS INC. Village Clerk Published needirectionof DAILY HERALD NEWSPAPERS the Corporate Authorities and the Zoning Board of Ap- peals of the Village of Oak Brook, DuPage and Cook Counties,Illinois. Published In Dally Herold February 13,2015(4398313) `�/�^�� M1✓l.�L BY Authorized Agent Control#4398313 �P. President Lalmalani discussed a town hall meeting held recently in Lombard where the Governor attended. President Lalmalani then expressed concern over the Local Government Distributive Funds possibly decreasing or cutting funding entirely. 4. RESIDENTNISITOR COMMENTS Kathy Maher reported that a caftan worn by Michael Butler to a Paris opening and later donated by him is currently on loan from the Oak Brook Historical Society to the Fashion and Textile Museum in London. Mark Karambelas thanked the Police and Fire Departments for keeping the community safe and the Public Works Department for their hard work keeping the roadways cleaned up after the large snowfall. He congratulated Finance Director Sharon Dangles on becoming Assistant Village Manager and also Jim Fox on his promotion. He then remarked on the positive financial and other features of the Village. 5. APPROVAL OF MINUTES A. REGULAR BOARD OF TRUSTEES MEETING OF JANUARY 27, 2015 Motion by Trustee Yusuf, seconded by Trustee Moy, to approve the minutes of the Regular Board of Trustees Meeting of January 27, 2015. VOICE VOTE: Motion carried. D6. CONSENT AGENDA All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. There will be no separate discussion of these items unless a Board member so requests, in which event, the item will be removed from the Consent Agenda and considered as the first item after approval of the Consent Agenda. A. Accounts Payable for Period Ending February 5, 2015 - $497,106.40 Significant Items included in Above: 1) Holland&Knight LLP—Legal Services—December, 2014- $5,874.60 (FY14—YTD - $245,801.64) TOTAL LEGAL BILLS PAID FOR 2014 - YTD - $377,206.15 B. Approval of Payroll for Pay Period Ending January 31, 2015 - $663,092.77 C. Community Development Referrals �Opembroke—Siddigi— 1715 York Road—Variation D. Authorization to Seek Bids or Proposals or Negotiate Contracts 1) Heritage Center HVAC Project VILLAGE OF OAK BROOK MINUTES Page 2 of 7 REGULAR MEETING OF FEBRUARY 10,2015 v', O f ..04 X9 0 O v AGENDA ITEM Regular Board of Trustees Meeting Of February 10,2015 SUBJECT: Referral—Pembroke—Siddigi— 1715 York Road—Variation FROM: Robert L. Kallien, Jr., AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to refer the request for a variation to the Zoning Board of Appeals for public hearing and recommendation. Baclmround/History: John Pembroke, contract purchaser of the property located at 1715 York Road with the consent and support of the property owner, Zamir Siddiqi has submitted a petition seeking approval of a variation to the rear and front yard setbacks in order to construct a new home on the property. Due to a fire that happened years ago, the original home on the property was demolished and a variation had been approved through Ordinance S-1048 on August 12, 2003. A new home was never constructed and the approved variation expired in 2005. This request is similar to the relief previously approved. Recommendation: Please refer the request for a variation to the Zoning Board of Appeals for public hearing and recommendation. �N BOT-Referral-Pembroke 1715 York-Variation-2015.doc merimg Loainers, inc. Yage 1 of 2 r 13-6C-3: LOT AREA REQUIREMENTS: A. Reduction Of Lot Area: Not less than twenty five thousand (25,000) square feet except that in subdivisions of eighty (80) acres or more in area, the lot area may be reduced to one-half(1/2) acre provided that lands equal to ten percent (10%) of the total area be dedicated to the village, or agency approved by the village board, for park or recreational uses and no portion of which shall be less than four (4) acres. The dedicated land shall be appropriate for park or recreational uses, and shall not include wet drainageways in excess of twenty five percent (25%) of the total dedicated area. B. Lot Width: Not less than one hundred feet (100') within the buildable area. C. Floor Area Ratio: Not to exceed 0.4 for nonresidential uses. D. Structure.Height 1. Residential Uses: Not more than forty feet (40') except for continuous flat roofs, which shall be not more than thirty feet (30') to the top of any parapet wall. However, where residential building heights exceed thirty feet (30'), the highest space that can be occupied must have an emergency escape and rescue opening at a maximum elevation of thirty two feet (32') above grade. 2. Institutional And Other Nonresidential Uses: Not more than forty five feet (45'). E. Ground Floor Area Per Dwelling: 1. One story: Not less than one thousand five hundred (1,500) square feet. 2. Bilevel: Not less than one thousand three hundred (1,300) square feet (floors at grade and above basement). 3. Dwellings having more than one story: Not less than one thousand (1,000) square feet. O.FYards: Except as required in subsections 13-6A-1 B and D of this chapter under "accessory uses and structures", yards shall be provided as follows: Front: Not less than forty feet (40') in depth. http://www.sterlingcodifiers.com/codebook/printnow.php aienmg uoamers, inc. rage z of 2 , 2. Side: Not less than twelve feet (12') in depth except: a. A side yard abutting a street shall be not less than forty feet (40') in depth; b. To accommodate a side load garage, the minimum side yard setback (on 1 side yard) must be at least twenty three feet (23'); the width of the pavement opposite of the garage door must be a minimum of twenty three feet (23'); c. For nonresidential uses each side yard abutting a street shall be not less than fifty feet (50') in depth and each interior side yard shall be not less than thirty feet (30') in depth and increased by not less than two feet (2') for each one foot (1') of structure height over thirty feet (30'). 0 3. Rear: Not less than forty feet (40') in depth. (Ord. G-60, 3-22-1966; Ord. G-83, 4-9- 1968; Ord. G-203, 12-14-1976; Ord. G-730, 9-23-2003; Ord. G-977, 8-14-2012) http://www.sterlingcodifiers.com/codebook/printnow.php r I • ' ORDINANCE 2003-ZO-V-S-1048 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTIONS 13-6C-3F(1)AND 13-6C-3-F(3) OF TITLE 13 CZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO FRONT AND REAR YARD SETBACK REQUIREMENTS (1715 York Road, Oak Brook, IL 60523/P.I. N. 06-24-203-007) WHEREAS, an application has been filed requesting a variation from the provisions of Sections 13-6C-3F(1) and 13-6C-3-F(3) of Title 13 ("Zoning Regulations") of the Village Code, which requires a forty foot (40') front yard setback and a forty foot (40') rear yard setback, to permit the construction of a single family home which would have a twenty point ninety-two foot (20.92') front yard setback and a twenty-five foot (25') rear yard setback on the property commonly known as 1715 York Road, Oak Brook, Illinois, legally described below; and WHEREAS, a public hearing of such application has been conducted by the Zoning Board of Appeals of the Village of Oak Brook on July 1,2003 pursuant to due and appropriate legal notice; and WHEREAS, the said Zoning Board of Appeals made.explicit findings of fact that the variation requested conforms to the standards set forth in Sections 13-6C-3F(1) and 13-6C-3-F(3) of the Village Code, noting that the non-conforming structure on the subject property had been destroyed by a fire;and WHEREAS; the Village President and Board of.Trustees concur with the.recommendations and findings 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 13-6C-3F(1) of the Village Code of the Village of Oak Brook to permit construction of a home and allow a front yard setback of twenty point ninety-two feet(20.92'). Section 3:' That a variation is hereby granted from the provisions of Section 13-6C-3F(3) of the Village Code of the Village of Oak Brook to permit construction of a home and allow a rear yard setback of twenty-five feet (26), provided that the existing trees on the property shall be retained and the new home shall be constructed in substantial conformance with the plans, consisting of sheet A-1, as last revised on June 6, 2003, incorporated herein by reference. Section 4: That this Ordinance is limited and restricted to the property known as 1715 York Road, Oak Brook, Illinois, which property is legally described as follows: LOT 1 IN FIPPINGER'S SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, REFERENCE BEING HAD TO THE PLAT 1• Win. oe 2003-ZO-V-S- 1048 Gaariatin from Sections 13-6C-3F(1)and(3) (Siddigi) Page 2 of 2 THEREOF RECORDED ON MAY 24, 1954 AS DOCUMENT 717792, IN DUPAGE COUNTY, ILLINOIS. P.I. N. 06-24-203-007 Failure to complete construction of the home described in Sections 2 through 4 within two years from the date,of passage of this ordinance shall render this variation null and void without further notice or action by the Village. Section 5: That this ordinance shall be in full force and effect from and after passage and approval pursuant to law. PASSED THIS 12th day of August , 2003. Ayes: Trustees Aktipis, Caleel, Craig; Korin, Miologos and Yusuf Nays: None Absent: Nnn,. _ Abstain: ,,,,o APPROVED THIS 12th day of August , 2003. Village Presi nt as to Form: Village Attorney Published Date Paper Not Published xx PATE A MAN By .-� • FEVISM- 09-m-M I►I i l __-1� � Lu IL FRONT ELEVATION SCALE: 3/16• 15$•69' �t�� 159 6gr FIMMOAMAV INS WTI moo• � i �. � 01®LIIe / -C—�- llll 138,87. r Oran l""•�+1c°ra"TOII°ooamm fai VA LC �_ 138.87• � i ArTVdM�s nn LA.W1M o"'Mopm nR t/PLCArIM WOODGLYN WOODGLYN r LL s uaTNmone J � W LL YORK ROAD ENTRY TO YORK ROAD ENTRY TO WOODGLYN WOODGLYN .XISTING SITE LAYOUT soars PROPO-SER LAYOUT rroerH SHEE SCAL[: 1•-20'-0' - SCALE: 1•-20'-B• IB IS UIOUT x.-9EB MT 6 SUIVET TOTS TB TATOOT aLV-VEE MT OF SWTIEY B ACTOAL BETBAIX.LEAN.OF'9a1FTI1V1 AIO FOR MMML SEIBAIX.EEBAL OESCBIFTI6V AM I�IRBN. IVOITiON. �' Z 8. ' B. 4) Pursuant to Board direction, the ordinance grants front and rear setback variations with conditions to allow construction of a single-family home at 1715 York Road. Motion by Trustee Aktipis, seconded by Trustee Caleel, to approve Ordinance 2003-ZO-V-S-1048, "An Ordinance Granting a Variation From the Provisions of Sections 13-6C-3F(1) and 13-6C-3F(3) of Title 13 ("Zoning Regulations") of the Village Code of the Village of Oak Brook Relative to Front and Rear Yard Setback Requirements." ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig,Korin, Miologos and Yusuf. Nays: 0 -None.. Absent: 0 -None. Motion carried. . 5) ORDINANCE 2003-ZO-V-S-1049, "AN ORDINANCE GRANTING A ORD 03-ZO-V-S-1049 VARIATION FROM THE PROVISIONS OF SECTION 13-6C-3F(1) FRNTR zNG RYRD OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE SETBACK - 3 CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO FRONT HAMPTON DR YARD SETBACK REQUIREMENTS." — BARATH — 3 HAMPTON DRIVE Pursuant to Board direction the ordinance grants a front yard setback variation to allow construction of a room addition which follows the existing building setback at 3 Hampton Drive. Motion by Trustee Aktipis, seconded by Trustee Caleel, to approve Ordinance 2003-ZO-V-S-1049, "An Ordinance Granting A Variation From The Provisions of Section 13-6C-3F(1) of Title 13 ("Zoning Regulations") of the Village Code of the Village of Oak Brook Relative to Front Yard Setback Requirements." ROLL CALL VOTE: Ayes: 6 -Trustees Aktipis, Caleel, Craig, Korin, Miologos and Yusuf. Nays: 0 -None. Absent: 0 -None. Motion carried. 6) ORDINANCE 2003-ZO-TA-G-728, AN ORDINANCE AMENDING ORD 03-ZO-TA-G- SECTION 13-3-6B ("ACCESSORY USES AND STRUCTURES' SECTION 133-3-613 PERMITTED IN REQUIRED YARDS") OF TITLE 13 ("ZONING TITLE 13-FENCE REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF STNDRDS. OAK BROOK RELATIVE TO FENCE STANDARDS." Pursuant to Board direction the ordinance amends the text of the zoning ordinance to prohibit chain link fencing except in limited circumstances. VILLAGE OF OAK BROOK Minutes Page 8 of 11 August 12,2003 I 1. I 7. I-1715 YK A. SIDDI Q SID RI DIOI — 1715 YORK ROAD — VARIATION — TITLE 13 OF THE zNG p�TTL 13- VILLAGE CODE — ZONING ORDINANCE — CHAPTER 13-6C-3F(1) FRNT/RRSETB KS AND (3) — FRONT AND REAR SETBACKS TO ALLOW CONSTRUCTION OF A SINGLE FAMILY HOME Zoning Board of Appeals Recommendation - Variation - The Zoning Board of Appeals by a vote of 7 to 0, have recommended approval of the request from Zamir and Sureya Siddiqi, the owners of the property at 1715 York Road for a variation to Sections 13-6C-3-F(1) and 13-6C-3-F(2) of the Zoning Ordinance to permit the construction of a new home on the property. The existing home was destroyed by fire earlier in 2003 and cannot be repaired because of its nonconforming status. To address concerns raised by the neighboring property owners, the applicant has agreed to modify his request to locate the new home an additional ten feet to the west, thus increasing the rear setback from 15 to 25 feet, and providing sufficient room to keep the existing large trees on the property. With this modification, the front yard would be reduced to 20.92 feet. Specific conditions attached to the Zoning Board recommendation include: The construction of the new home and preservation of the existing trees on the property shall be in substantial conformance with the revised plans as submitted. In making this recommendation, the Zoning Board found that the applicant had satisfactorily addressed the factors as required by the Zoning Ordinance (including hardship) for approval of a variation. In particular,, it was found that the existing conditions of the property (i.e., lot size and configuration) combined with the fact that the existing home was destroyed by fire, results in the property having little or no value as a residential lot without approval of the requested variations. Motion by Trustee Aktipis, seconded by Trustee Caleel, to concur with the recommendation of the Zoning Board of Appeals and authorize the Village Attorney to draft the necessary ordinance for consideration at the August 12, 2003 meeting. VOICE VOTE: Motion carried. B. BARATH — 3 HAMPTON DRIVE - VARIATION — TITLE 13 OF THE BARATH-3 VILLAGE CODE — ZONING ORDINANCE — CHAPTER 13-6C-3F(1 HAMPTON L VAR TTL 13 3 ZN ZNG FRONT YARD SETBACK TO ALLOW CONSTRUCTION OF A ROOM ORD-FRNTYD ADDITION SETBK VILLAGE OF OAK BROOK Minutes Page 4 of 12 July 22,2003 Gt OF 041. • • e9 � o e 'e O y G V 9Ce 00171 Village of July 10,2003 Oak Brook 1200 Oak Brook Road Village President Quinlan and Board of Trustees Oak Brook,IL 60523-2255 Village of Oak Brook wer 1200 Oak Brook Road www.oalt-b-bro ok.m•g Oak Brook, IL 60523 Administration 630.990.3000 FAX 630.990.0876 SUBJECT: Siddiqi— 1715 York Road—Variations Community Dear President Quinlan and Board of Trustees: Development 630.990.3045 FAX 630.990.3985 At its meetings on June 3, and July 1, 2003, the Zoning Board of Appeals reviewed a request from Zamir and Sureya Siddiqi, the owners of the property at Engineering 1715 York Road, for a variation to the front yard along Wood Glen Lane and rear Department and to accommodate the construction of a new single-family wen 630.990.3010 y dwelling. FAX 630.990.3985 The existing one-story home, which was moved to the lot in the 1950's, has a Fire Department 630.990.3040 current front yard setback of 30.92 feet and a current rear yard setback of 12 feet. FAX 630.990.2392 Earlier this year, the home was destroyed by fire. Since the lot encompasses 12,647 square feet, and is approximately one-half the Police Department 25,000 square foot minimum lot size in the R-3 Residential District the variations 630.990.2358 q , FAX 630.990.7484 are necessary to accommodate any new construction. Public worsts Regarding the request made at the June 3, 2003 meeting, the 40-foot front yard Department 630.990.3044 setback requirement of the Ordinance would be reduced to 30.92 feet while the FAX 630.472.0223 40-foot rear yard setback would be reduced to 15 feet. Oak Brook Several people provided testimony regarding the request. A number of concerns Public Library were raised with respect to the following: the lot was too small to accommodate p g a 600 Oak Brook Road the proposed home; the location of the new home from the rear property line of the adjacent homes; the fact that the applicant want Oast Brook,IL 60523-2200 J � pp s to replace the existing one- ' 630.990.2222 story home with a two-story home; and potential loss of existing trees that would FAX 630.990.4509 result from the construction of a new home. Oak Brook Sports Core Based on the concerns raised at the initial ublic hearing, matter was P g� continued. At the second meeting, the applicant agreed to locate the new home an Bath&Tennis Club additional ten feet to the west thus increasing the rear setback from 15 to 25 feet 700 Oak Brook Road � , Oast Brook,IL 60523-4600 and providing sufficient room to keep the existing large trees on the property. 630.990.3020 With this modification, the front yard would be reduced to 20.92 feet. However, FAX 630.990.1002 due to the presence of a significant landscaped area (discarded right-of-way) that Golf Club is located between the Siddiqi property and Wood Glen Lane, the distance 2606 York Road between Wood Glen Lane and the westernmost wall of the proposed new home is Oak Brook,IL 60523-4602 In excess of 123 feet. 630.990.3032 FAX 630.990.0245 I Z A July 10,2003 President Quinlan and Board of Trustees RE: Siddiqi— 1715 York Road—Variation Page 2 By a vote of 7 to 0, the Zoning Board of Appeals recommended approval of the requested variations to permit the construction of a new home subject to the following conditions: 1. The construction of the new home and preservation of the existing trees on the property shall be in substantial conformance with the revised plans (page 10 of the case file) as submitted. In making this recommendation, the Zoning Board found that the applicant had satisfactorily addressed the factors as required by the Zoning Ordinance for approval of a variation. In particular, it was found that the existing conditions of the property (i.e., lot size and configuration) combined with the fact that the existing home was destroyed by fire, results in the property having limited value as a residential property without approval of the requested variations. Very truly yours, Champ b6 Chairman Plan Commission I I ��Of Dgk�pp . VILLAGE oFOAK.BROOK 1200 OAK BROOK ROAD OAK BROOK,IL 60523 BROOK 630-990-3045 PE rMON APPLICATION for PUBLIC HEARING ZONING ORDINANCE: ❑ APPEAL ($300) ® VARIATION ($750) ❑ AMENDMENT ($750) ❑ SPECIAL USE ($750) ❑ CERTIFICATE OF APPROPRIATENESS ($500) STORMWATER: ❑ VARIATION ($750) PUBLIC HEARING SIGNS ($50-each lot frontage) I I -tinter Number of street Frontages leer Parcel APPLICANT TO COMPLETE NOTE: ALL APPLICATIONS ARE TO BE RECEIVED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT AND AFTER AN INITIAL REVIEW WILL BE FILED WITH THE VILLAGE CLERK. LOCATION OF SUBJECT PROPERTY 1715 York Rd Oak Brook II PERMANENT PARCEL No..' 6 _24 _203 _7 LOT NO.1 SUBDIVISION Fippingers 3911 LEGAL ADDRESS* 1715 York Rd Oak Brook II ZONING DISTRICT R3 ZONING ORDINANCE SECTION 1396C(1)and 13-6C-F(3) ACTION REQUESTED Variation from the listed sections to permit constuction of a single family home. PROPERTY INTEREST OF APPLICANT: OWNER_ CONTRACT PURCHASER AGENT OWNER(S)OF RECORD Zamir Siddiqi PHONE ADDRESS 1715 York Rd CITY Oak Brook STATE II Zip 60523 BENEFICIARY(IES)OF TRUST PHONE ADDRESS CITY STATE ZIP NAME OF APPLICANT(and Billing Information) John Pembroke PHONE (708)557-7296 ADDRESS 10621 S Kostner Ave CITY Oak Lawn STATE 1L ZIP 60453 Contact Name and E-mail Address(s) Irelanditball @yahoo.com I(we)certify that all of the above statements and the statements contained in any papers or plans submitted herewith are true to the best of my(our) knowledge and belief.I(we)give permissi to the Village to install public hearing sign(s)on the lot frontages of the above subject property as described in 2the V II ge Code. In addi' n above fees,applicant agrees to reimburse t illage for on costs within 30 days of billing. -- / -23- is Sig o er Date Signature o pplicant Date DO NOT WRITE IN THE SPACE BELOW-FOR OFFICE USE ONLY Date Filed �(e-c2gs Fee Paid$ 700 _ Receipt No. 3. ?� Received By �"( d Board of Trustees(Referral) Notice Published �-�3-iS Newspaper Daily Herald Adj.Property Owners Notified l3 V.t PUBLIC HEARING DATES: Plan Commission N 1A- Zoning Board of Appeals 3'"3—�S Board of TruiKees 3 �� Board of Trustees (Appro v aApf Ordinance) SIGNED-VILLAGE CLERK Date T— A John Pe mbr 708.557.7296 H www.islandconstru*masonry.com { G i 3 i 2 3 ISLAND CONSTRUCTION To Whom It May Concern: Island Construction is requesting a variation change from the provisions of Sections 13-6C-3F(1) and 13-6C-3F(3) of Title 13 ("Zoning Regulations") of the Village code,which requires a 40 foot front yard setback and a forty foot rear yard setback,to permit the construction of a single family home which would have a twenty point five foot front yard setback and a twenty-five foot rear yard setback all measurements to roof overhangs on the property commonly known as 1715 York Road, Oak Brook, Illinois. We are seeking the same variation that has already been passed in 2003 with no changes _ solely due to the unique lot size shape and setbacks that has created extreme circumstances. We sincerely hope that the variation was be repassed because what I believe that we have proposed will greatly enhance the neighborhood Any further questions please contact(708) 557-7296. Best Regards, John Pembroke (708) 557-7296 John Pembroke H 708.557.7296 H www.islandconstructionmasonry.com VARIATION STANDARDS 1. a. 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. RESPONSE: The setbacks and shape of the unique lot would not allow a house that would give a reasonable return. 1. b. The plight of the owner is due to unique circumstances. RESPONSE: The lot in question its unique size, shape and setbacks will give a unique hardship to owner in question. 1. c. The variation, if granted, will not alter the essential character of the locality. RESPONSE: If variation is granted it will not change the essential character of the locality but will enhance it dramatically. 2. a. 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. RESPONSE: If the same variation that was granted in 2003 there would be no hardship but due to the size, shape and setbacks makes it impossible to build a house and get reasonable return in today's market. 2. b. The condition upon which the petition for variation is based would not be applicable generally to the other property within the same zoning classification. RESPONSE: It will not apply to other properties only if the unique shape of size setbacks existed which is a very very rare. • 2. c. 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. RESPONSE: It will be detrimental to the public welfare or injurious to others properties and will enhance the neighborhood greatly. 2. d. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. RESPONSE: If the variation is granted it will not impair the adjacent property supply of light or will not increase danger or fire or public safety. I I 2. e. That the purpose of the variation is not based exclusively upon a desire to make more money out of the property. RESPONSE: The purpose of the variation is granted it is solely on the unique size, shape and setbacks if the lot in question it is not solely based on monetary dividends. 2. f. That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. RESPONSE: The alleged difficulty or hardship has not been created by anyone that is interested in this property only by its unique shape and size has lead to this difficulty and setbacks. C.. 1. rtifi 0 Ce cat ion Surrounding Property Owners I (we) certify that the names and addresses of all the surrounding property owners including mailing labels submitted with this application are located within a minimum distance of 250 feet in all directions from the perimeter of the subject property and that the number of feet occupied by all public roads, streets, alleys, and public ways has been excluded in computing the 250-foot requirement. Said names and addresses 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. The Property owners as listed have been obtained from the Township Assessors office within 30 days of j the of this application. The surrounding property owners list as submitted herewith and supporting attachments are true to the best of my (our) knowledge and belief. I (we) give permission to the Village to install public hearing sign(s) on the lot frontages of the subject property as described in the Village Code. In addition to the required application fees, applicant/owner agrees to reimburse the Village for publication costs, recording fees, and any other associated costs or fees within 30 days of billing. Zamir Siddigi John Pembroke Printed Name of 0 PH a Name lip, ,' t, ?, S� - 7- Signature f ner Date Si ature of A plicant Date BILL TO INFORMATION: S [AN CoA)STAtkc-rtow �a <-�o'� Tew03o-rA� ,5-) 7o$ 5"S7-7� Y Print Name/Company Contact Person Contact Phone S �k oS-y V�'D e�(2— +'N' V (2- Ov"t j' kttuJ►O t LL 70"3 - el�'!�--0 t C��( Address To be Billed o C_�S Alternate Phone NOTE: If the applicant/owner has not complied with these requirements and notification has not been sent to a neighboring property owner within the 250-foot requirement less than 10 days prior to the scheduled hearing, the hearing on this matter will be postponed to the next regular meeting, or until such time as all neighbors within the 250-foot requirement have been sent proper notification. PUBLIC HEARING Variation Packet-2/2011 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 Count y Recorder of Deeds(or the Registrar of Titles of the County)and as they appear from the authentic tax records of this County within 30 days of the filing of this a pp lication. Provide a mailing label for each Property Owner listed. Note: The people on this list will be notified by mail with the information about your request and the meeting schedule. NAME OF PROPERTY MAILING ADDRESS OF PROPERTY ADDRESS PARCEL OWNER PROPERTY OWNER A4K)r Mo INS d,.WnAf\c(•e &Nkra J�� V�oor ( ce ►C I�aZao1(_ 3 G�aoo �' e U R $� �, dfid v Z�._��cVS�rcGc I113 ye-ricROL 0-6.,Cc, �0v �� 2uc�� i� 1 1��U� 12a�. k -t_. QCAyac�3C�Q� Ubsi - aS yo r(L I 0 60-v ®t o '/fin 6 q r fe CLIl nee (],�SL. �1Palao U dvit Mwv Avflt-r ea,4 ow0C -or 0*\(4Tm /11f6)6 vie 6d 61.6 J- 1 0 XLJ(300dI Lfine_c_All jc o�� K-�►aa� ��1�'�-�Q N'G�©�l 01 6, MeCJ0Vjfff4D- 6#6,4 J M64eje, d .17L 'ka-'s Cq 4 G e lvc 0 (Attach additional sheets if necessary) PUBLIC HEARING Variation packet-2/2011 Please Deposit Check in: Zoning Account 10-4302 Total: $ 800 (1 check(s) For: 1.715 York Road - Variations - I leck number 07207 MISCELLANEOUS PAYMENT RECPT#: 322556 VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK.IL_60523 DATE: 02/11/15 .TIME: 15:15 CLERK: reception DEPT: CUSTOMER#: 0 INFO: 1715 YORK RD-VARIATI 4302 ZONING/SUBDIVIS 800.00 AMOUNT PAID: 800,00 PAID BY: ISLAND CONSTRUCTION PAYMENT METH: CHECK 17207 REFERENCE: AMT TENDERED: 800,00 AMT APPLIED: 800.00 CHANGE: 100 I I i Y Aect Property VerificalOn Y (Complete a separate form for each P.I.N.) 1. Permanent Index Number(P.I.N.from Real Estate Tax Bill): 06 24 203 007 2. Common Address: 1715 York Road,Oak Brook, IL 60523 3. Type the Complete Legal Description Below. (Attach a separate page if longer than the area provided) 4. Email the Legal Description to gpolanek(cDoak-brook.org Lot 1 IN FIPPINGER'S SUBDIVISON, BEING A SUBDIVISON OF PART OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 24,TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, REFERENCE BEING HAD TO THE PLAT THEREOF RECORDED ON MAY 24, 1954 AS DOCUMENT 717792, IN DUPAGE COUNTY, ILLINOIS P.I.N.06-24-203-007. The Permanent Index Number, Common Address and Legal information provided has been verified as follows: DuPage County Records/Research Room: (630-682-7398) Contact Person: Kim and Justin Date called: 01/21/2015 1 verify that the information provided above is accurate. r9 Terri Pembroke Printed Name Signature Date: 01/21/2015 Relationship to Applicant: Assistant DO NOT WRITE IN THIS SPACE-FOR OFFICE USE ONLY Legal Description Review Corrections Required Yes No Approved By: Date PUBLIC HEARING Variation Packet-2/2011 Ordinance 2015-ZO-V-EX-S-1423 Granting a Variation from the Provisions of Section 13-6C-3F.1 and 13-6C-3F.3 For 1715 York Road PIN:06-24-203-007 Page 2 of 8 WHEREAS, the President and Board of Trustees have reviewed the recommendations of the ZBA and deem the Variation as set forth below to be in the best interests of the Village. 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. Recitals. The foregoing recitals are restated and incorporated herein as the findings of the President and Board of Trustees. Section 2. Grant of Variation. Pursuant to the standards set forth in Section 13-14-61D of the Zoning Regulations, and subject to and contingent on the conditions set forth in Section 3 of this Ordinance, the Applicant is hereby granted a variation from (i) Section 13-6C-3F.1 of the Zoning Regulations to allow the Front Yard Setback to be reduced to approximately 20.5 feet (20.5') and (ii) from Section 13-6C-3F.3 to allow the Rear Yard Setback to be reduced to approximately 24.9 feet (24.9') to allow for the construction of the New Residence. Section 3. Conditions. The approval granted in Section 2 of this Ordinance is expressly subject to and contingent upon each of the following conditions: A. Substantial Conformance with Plans. The New Residence shall be constructed in substantial conformance with "Proposed Site Plan-B" prepared by S.G. Architects, Inc. and dated November 12, 2014, consisting of the one page attached hereto and incorporated herein as Exhibit B; and B. Preservation of Trees. Maintain and preserve the existing trees on the Property that are located outside of the buildable area and are greater than 12 inches in diameter measured at the base of each tree; and C. Compliance with Zoning Regulations and Village Code. The Applicant shall comply with the Zoning Regulations that are in effect on the date that the Applicant submits his building permit application to the Village except as specifically varied or waived by this, or subsequent, Ordinances; and D. Compliance with Applicable Law. In addition to the other specific requirements of this Ordinance, the Property, the New Residence, and all of the operations and activities conducted on and in the Property, must comply at all times with all applicable federal, state, and Village statutes, ordinances, resolutions, rules, codes, and regulations. Section 4. Failure to Comply with Conditions. Upon failure or refusal of the Applicant to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the Variation granted in Section 2 of this Ordinance will, at the sole discretion of the President and Board of Trustees, by ordinance duly adopted, be revoked and become null and void. Section 5. Binding Effect. This Ordinance and the privileges, obligations, and provisions contained herein shall inure solely to the benefit of, and be binding upon, the Applicant and any and all of the Applicant's heirs, successors, and assigns, and upon any and all current and successor legal or beneficial owners of all or any portion of the Property. Section 6. Severability. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this Ordinance. I Section 7. Effective Date. A. This Ordinance will be effective only upon the occurrence of all of the following events: Ordinance 2015-ZO-V-EX-S-1423 Granting a Variation from the Provisions of Section 13-6C-3F.1 and 13-6C-3F.3 For 1715 York Road PIN:06-24-203-007 Page 3 of 8 i. Passage by the President and Board of Trustees of the Village of Oak Brook in the manner required by law; ii. Publication in pamphlet form in the manner required by law; and iii. The filing by the Applicant with the Village Clerk, for recording in the Office of the DuPage County Recorder of Deeds, of an unconditional agreement and consent to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance. The unconditional agreement and consent must be executed by the Applicant and Owner. The unconditional agreement and consent must be substantially in the form attached hereto and incorporated herein as Exhibit C. B. In the event that the Applicant does not file with the Village Clerk the unconditional agreement and consent required by Paragraph 7.A.iii of this Ordinance within 60 days after the date of final passage of this Ordinance, the Board of Trustees of Trustees will have the right, in their sole discretion, to declare this Ordinance null and void and of no force or effect. APPROVED THIS 14th day of April, 2015. ,J ,3 Gopal G. Lalmalani Village President PASSED THIS 14th day of April, 2015. Ayes: Trustees Adler, Baar, Manzo, Moy, Wolin, Yusuf Nays: None Absent: None F4 ✓�'sR t > e v; ATTEST' F ,i t ,! Charlotte K. Pruss Village Clerk Ordinance 2015-ZO-V-EX-S-1423 Granting a Variation from the Provisions of Section 13-6C-3F.1 and 13-6C-3F.3 For 1715 York Road PIN:06-24-203-007 Page 4 of 8 EXHIBIT A LEGAL DESCRIPTION Property: The subject property is located at 1715 York Road in Oak Brook, Illinois and the legal description is as follows: Lot 1 in Flippinger's Subdivision, being a Subdivision of part of the Southwest 1/4 of the Northeast 1/4 of Section 24, Township 39 North, Range 11 East of the Third Principal Meridian, reference being had to the plat thereof recorded on May 24, 1954 as Document 717792, in DuPage County, Illinois. PERMANENT INDEX NUMBER: 06-24-203-007 Ordinance 2015-ZO-V-EX-S-1423 Granting a Variation from the Provisions of Section 13-6C-3F.1 and 13-6C-3F.3 For 1715 York Road PIN:06-24-203-007 Page 5 of 8 Exhibit B Site Plan Ordinance 2015-ZO-V-EX-S-1423 Granting a Variation from the Provisions of Section 13-6C-3F.1 and 13-6C-3F.3 For 1715 York Road PIN:06-24-203-007 Page 6 of 8 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Oak Brook, Illinois ("Village"): WHEREAS, an application has been filed by the contract-purchaser, John Pembroke (the "Applicant'), with the consent of the owner, Zamir Siddiqi (the "Owner'l, of the property located at 1715 York Road, Oak Brook, Illinois and legally described in Exhibit 1 attached hereto and incorporated herein ("Property'), requesting a variation ("Variation's to allow the construction of a new residence to encroach into the required front yard setback as set forth in Section 13-6C-3F.1 and into the required rear yard setback, as set forth in Section 13-6C-3F.3 of the"Zoning Ordinance of the Village of Oak Brook," as amended ("Zoning Regulations"); and WHEREAS, Ordinance No. 2015-ZO-V-EX-S-1423, adopted by the President and Board of Trustees of the Village of Oak Brook on April 14, 2015 ("Ordinance"), grants approval of the Variation, subject to certain modifications, conditions, restrictions, and provisions; and WHEREAS, Subsection 7.6 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the Owners file this Unconditional Agreement and Consent with the Village Clerk and consents to accept and abide by each of the terms, conditions and limitations set forth in the Ordinance; NOW, THEREFORE, the Applicant and Owner do hereby agree and covenant as follows: 1. The Applicant and Owner hereby unconditionally agree to accept, consent to, and abide by all of the terms, conditions, restrictions, and provisions of the Ordinance. 2. The Applicant and Owner acknowledge and agree that: (i) public notices and hearings have been properly given and held with respect to the adoption of the Ordinance; (ii) the Applicant and Owner have considered the possibility that the variation granted by the Ordinance may be revoked if the Applicant, Owner, or any subsequent owners of the Property do not comply with the Ordinance; and (iii) the Applicant and Owner agree not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. The Applicant and Owner acknowledge and agree that the Village is not and will not be, in any way, liable for any damages or injuries that may be sustained as a result of the Village's issuance of any permits for the construction or use of the addition on the Property, and that the Village's issuance of any such permit does not, and will not, in any way, be deemed to insure the Owners against damage or injury of any kind and at any time. 4. The Applicant and Owner agree to and do hereby hold harmless and indemnify the Village, the Village's corporate authorities, and all Village elected and appointed officials, officers, employees, agents, representatives, and attorneys, from any and all claims that may, at any time, be asserted against any such parties in connection with the construction, operation, and use of the addition, the Property, or the Village's adoption of the Ordinance. 5. The restrictions imposed by this Unconditional Agreement and Consent shall be restrictions running with the land and shall be binding upon and inure to the benefit of the Owner and his heirs, successors, assigns, agents, licensees, lessees, invitees, and representatives, including, without limitation, all subsequent owners of the Property, or any portion thereof, and all persons claiming under him to the extent provided in this Unconditional Agreement and Consent. If any of the privileges or rights created by this Unconditional Agreement and Consent would otherwise be unlawful or void for violation of Ordinance 2015-ZO-V-EX-S-1423 Granting a Variation from the Provisions of Section 13-6C-3F.1 and 13-6C-3F.3 For 1715 York Road PIN:06-24-203-007 Page 7 of 8 (1)the rule against perpetuities or some analogous statutory provision, (2)the rule restricting restraints on alienation, or (3) any other statutory or common law rules imposing time limits, then the affected privilege or right shall continue only until 21 years after the death of the last survivor of the now living lawful descendants of the current President of the United States, or for any shorter period that may be required to sustain the validity of the affected privilege or right. 6. This Unconditional Agreement and Consent may not be amended, modified, released or annulled except upon the express, prior written approval of the Village of Oak Brook. IN WITNESS WHEREOF, John Pembroke executed this Unconditional Agreement and Consent on this day of 12015. John Pembroke, Contract-Purchaser of 1715 York Road State of Illinois ) County of DuPage ) I, a Notary Public in and for the County and State aforesaid do hereby certify that John Pembroke, personally known to me, and that they appeared before me this day of 2015, and acknowledged that he personally executed this instrument. Notary Public Seal IN WITNESS WHEREOF, Zamir Siddiqi executed this Unconditional Agreement and Consent on this day of , 2015 Zamir Siddiqi, Property Owner State of Illinois ) County of DuPage ) I, a Notary Public in and for the County and State aforesaid do hereby certify that Zamir Siddiqi, personally known to me, and that they appeared before me this day of 2015, and acknowledged that he personally executed this instrument. Notary Public Seal Ordinance 2015-ZO-V-EX-S-1423 Granting a Variation from the Provisions of Section 13-6C-3F.1 and 13-6C-3F.3 For 1715 York Road PIN:06-24-203-007 Page 8 of 8 EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT LEGAL DESCRIPTION Property: The subject property is located at 1715 York Road in Oak Brook, Illinois and the legal description is as follows: Lot 1 in Flippinger's Subdivision, being a Subdivision of part of the Southwest 1/4 of the Northeast 1/4 of Section 24, Township 39 North, Range 11 East of the Third Principal Meridian, reference being had to the plat thereof recorded on May 24, 1954 as Document 717792, in DuPage County, Illinois. PERMANENT INDEX NUMBER: 06-24-203-007 North W z 0 48.0' 2fi. lam, ' d 0 z t U.J 20.5- 0 0 - y4g 0 (} m � •g'o ro ' 1 f i 1 1 PROPOSED R-3 ZONING TWO-STORY 1 RESIDENCE � REGULATION REQUIRED PROPOSED LOT AREA= 21,780,00 11,606.25 } (ADJUSTED 112-ACRE) LOT WIDTH= 10010' 111.0' (10('MIN.WITHING BUILDABLE) STRUCTURE HEIGHT= 40.0' 32.0' SETBACK DIMENSIONS GROUND FLOOR AREA= 1,500/1,000 2,161 ARE 1,600/1,000 (MIN.ONE STORY/TWO STORY) (INCL.GARAGE) 128.32' FRONT YARD SETBACK= 40.0' 20.5' SIDE YARD SETBACK= 12.0' 13.0' REAR YARD SETBACK= 40,0' 24.9' PROPOSED SITE PLAN-B SCALE:1"=20'0" r FRED BUCHOLZ DUPAGE COUNTY RECORDER JUN.26,2015 1:02 PM OTHER $39.00 06-24-203-007 013 PAGES R2015-069146 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, IL 60523-2255 RECORDED DOCUMENT TITLE PAGE Title of Document: ORDINANCE 2015-ZO-V-EX-S-1423 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13-6C-3F.1 and 13-6C-3F.3 OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO THE REQUIRED FRONT AND REAR YARD SETBACKS FOR THE PROPERTY AT 1715 YORK ROAD IN THE VILLAGE OF OAK BROOK ILLINOIS Property Address/es 1715 York Road Oak Brook, Illinois 60523 If vacant land, so state and list nearest cross streets) PIN No(s). 06-24-203-007 Name and Address of Applicant: John Pembroke 10621 S. Kostner Avenue Oak Lawn IL 60453 Name and Address of Responsible: Same Party to Receive Copy of Recorded Document and Billing G/L Account to be charged: 10-1365 Prepared By and Return to: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 Name&Address of Recipient N/A of Consideration (when applicable): G/L Account to be charged: STATE OF ILLINOIS ) SS. COUNTIES OF COOK AND DUPAGE ) I, Charlotte K. Pruss, do hereby certify that I am the duly elected and acting Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois. I DO FURTHER CERTIFY that on April 14, 2015 , the corporate authorities of the above municipality passed and approved: ORDINANCE 2015-ZO-V-EX-S-1423 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13-6C-3F.1 and 13-6C-3F.3 OF TITLE 13("ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO THE REQUIRED FRONT AND REAR YARD SETBACKS FOR THE PROPERTY AT 1715 YORK ROAD IN THE VILLAGE OF OAK BROOK, ILLINOIS (PIN: 06-24-203-007) 1 DO FURTHER CERTIFY that the original document, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same. DO FURTHER CERTIFY that I am the keeper of the records, journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties, Illinois. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 25th day of June , 2015 OF 0,44, 49, Charlotte K. Pruss t ® Village Clerk Village of Oak Brook y DuPage and Cook Counties, Illinois Co G f C �OUNTM Ordinance 2015-ZO-V-EX-S-1423 Granting a Variation from the Provisions of Section 13-6C-3F.1 and 13-6C-3F.3 For 1715 York Road PIN:06-24-203-007 Page 7of8 (1)the rule against perpetuities or some analogous statutory provision, (2)the rule restricting restraints on alienation, or (3) any other statutory or common law rules imposing time limits, then the affected privilege or right shall continue only until 21 years after the death of the last survivor of the now living lawful descendants of the current President of the United States, or for any shorter period that may be required to sustain the validity of the affected privilege or right. 6. This Unconditional Agreement and Consent may not be amended, modified, released or annulled except upon the express, prior written approval of the Village of Oak Brook. IN WITNESS WHEREOF, John Pembroke executed this Uncondi 'enal Ag&ement an Consent on this f day of i L44 12015. r!`ohn Pem 'roke f Cont ct-�urch ser of 1715 York Road State of Illinois ) . County of DuPage ) I, (:;)41/ PD 4,1-A&�7c a Notary Public in and for the County and State aforesaid do hereby certify that John Pembroke, personally known to me, and that they appeared before me this �O day of , 2015,'and acknowledged that a personally executed this instrument. GAIL V. POLANEK OFFICIAL SEAL otary Public Notary Public-State of Illinois My Commission Expires al May 01,2018 IN WITNESS WHEREOF, Zamir Siddiqi executed this Unconditional Agreement and Consent on this day of , 2015 / Za iddigi, Prop Owner State of Illinois ) County of DuPage ) I, (;�4+i cA,,VC-7 jL a Notary Public in and for the County and State aforesaid do hereby certify that Zamir Siddiqi, personally known to me, and that they appeared before me this o�o _ day of /i//1A , 2015, and acknowledged that he pers nally executed this instrument. Notary Public GAIL V. POLANEK OFFICIAL SEAL Seal Notary Public-State of Illinois My Commission Expires May 01, 2018 L S.G.Architects,Inc. ARCHITECTS-PLANNERS 1401 BRANDING,SURE 270 DOWNERS GROVE,IL60515 ph.630.969.M ian fi30.969.0692 --- BUILDING DEPARTMENT NOTE __� ®� t�L: TMcSE ppCLMEM61PWJ56 TYP. 4 SPEOIFlGIIONS1Al1EVWOROR Fm Fm FM (f�l PE O�ryG6POWNL6EN.AN0ANO51Gt10�YURE TS APPFMSANDISPFFIXEO,PNDLNLE56 OiI FAWI6E PROVIDE➢IN WMING PPf IMEWfDARA PEWNi SU&.9rtPL fOR ONE II)BDMI Yi ONLY. 1.3. TYP. ' \ ®2014S.G.ARCHITECTS.MC. �- tHESEDM\YINCGPAVEBEEN PRFFAAEpINMY 0gO_�,RK/1JWIEDGECONRJPMISITORIECODES �YLIAtfr TOTO WHIpITHEYMf509MRiED.� PROPOSED ELEVATION-B SIDE LOAD SCALE:3116" 1'0' ryAirooNLry GIGNAruREApPFm azLE Mq S.G.APLHRECI I, SPFPHENL WWJK-PWN]w. _15 LCAPORATE DMOENGEN-1— PMEEi. PROPOSED RESIDENCE 1715 YORK ROAD OAKBROOK,IL ' ISLAND CONSTRUCTION 10621 S.KOSTNER OAK LAWN,IL 60453 ® PH.708.229.0993 ® FAX 706.557.7296 o NP. o m UMVISIDNS: eY:NO. ONS Mme'VARIANCEMOS ®® BM ®®®®®®®® ®®®® ®®®®®®®® PROPOSED ELEVATION-A FRONTLOAD JOB NO. 14096 SCALE:3116"=V 0° DATE: 11-12-14 DRAWN BY: MDS SCALE: AS NOTED SHEET NO. PROPOSED: ,SITE PLANS ,FRONT ELEVATIONS OF 2