G-180 - 04/13/1976 - ZONING - Ordinances ORDINANCE NO. b
AN ORDINANCE AMENDING SECTION V, K AND XIV, B OF ORDINANCE NO. G-60,
_ AS AMENDED, THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK,
DU PAGE AND COOK COUNTIES, ILLINOIS
BE IT ORDAINED by the President and Board of Trustees of the Village of
Oak Brook, DuPage and Cook Counties, Illinois, as follows:
SECTION 1: An Amendment to the Zoning Ordinance of the Village of Oak
Brook, Ordinance No. G-60, has been proposed and recommended by the Plan
Commission. The Zoning Board of Appeals has held the required public hearing
and submitted its findings and recommendations concerning said proposed Amend-
ment to the President and Board of Trustees.
SECTION 2: Pursuant to the aforementioned proposal, hearing, findings
and recommendations, Section V, K of Ordinance No. G-60 is hereby amended
to read as follows:
K. Structure Height:
No structure shall be erected, converted, enlarged, reconstructed
or structurally altered to exceed the height limit above natural ground
level established for the district in which the structure is located, ex-
cept that penthouses or roof structures for the housing of elevators,
stairways, tanks, ventilating fans or similar equipment required to
operate and maintain the structure, skylights, towers, steeples, flag-
poles, chimneys, smokestacks, radio and television aerials, wireless
masts, electric and telephone service poles, water tanks, silos, storage
hoppers or elevators may be erected above the height limits prescribed
in this Ordinance. No such structure shall be erected to exceed by more
r than 15 feet the height limits of the district in which it is located. Struc-
ture height may be measured from a base elevation other than natural
ground level only with the express approval of the Village of Oak Brook.
Underlined material is added or amended by this Ordinance.
SECTION 3: Pursuant to the aforementioned proposal, hearing, findings
and recommendations, Section XIV, B, 141 of Ordinance No. G-60 is hereby
amended to read as follows:
141. Structure Height - the height of a structure as measured from
a base elevation determined by averaging the elevations of the principal
corners in the perimeter wall of the structure at natural ground level
to the highest point of the structure. (See V, K. )
Underlined material is added or amended by this Ordinance.
SECTION 4: Pursuant to the aforementioned proposal, hearing, findings
and recommendations, Section XIV, B of Ordinance No. G-60 is hereby amended
by insertion of subsections 33. 1, 95. 1 and 111. 1 as follows:
33. 1 Corner the meeting place of two converging surfaces.
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
March 14, 1978 654-2220
Mho TO: Zoning Board of Appeals
SUBJECT: Butterfield Road Office Venture - Variation
Farnsworth, McKoane and Company, on behalf of the Butterfield Road Office
Venture, has petitioned for a Special Use to construct buildings and site
improvements .in the Flood Plain and for a variation to measure structure
height from the new proposed grades.
Following a careful review of the zoning ordinance provisions, it is my opinion
that the existing code.-:already,contains language which empowers the Village
Board to approve measurements of structure heights froan new grade elevations
without granting a variation,and that, in this subject case, no variation is
required.
Paragraph (K) Structure- Height, of Section V General Provisions, of the Zoning
Ordinance of a Tillage Brook, Illinois o 1-9 , as amended, was
amemded by Ordinance G-180, passed on April 13, 1976.
The amending Ordinance G-180 added the words which are underlined, as follows:
No structure shall be erected, converted, enlarged, reconstructed or
structurally altered to exceed the height limit 'above natural 'r�ounndd
level established for the district in which the structure is located.
except that penthouses or roof structures for the housing of elevators,
stairways, tanks, ventilating fans or similar_ equipment required to
operate and maintain the structure, skylights, towers, steeples, flag-
poles, chimneys, smokestacks, radio and television aerials, wireless
masts, electric and telephone service poles, water tanks, silos,
storage hoppers or elevators may be erected above the height limits
prescribed in this ordinance. No such structure shall be erected to
exceed by more than 15 feet the height limits of the district in which
it is located. Structure height may be measured from a base elevation
other than natural ground level only w:Lth the express approval ot the
Village ot Oak Brook.
Building height under this provision has been calculated either from
natural grade or, when available, from grade elevations on subdivision site
plans which had been reviewed and approved by the Village Engineer.
Zoning $oard of Appeals - 2 - March 14, 1978
Recently there was some question regarding this interpretation. A reading of
the Ordinance, on its face, lead to the conclusion that the height of a struc-
ture must be computed from the elevation of the natural ground level and not
from any revised grade elevation approved by the Village Engineer. Such a
revised application of this ordinance would have affected most buildings in
new subdivisions because of required changes in grade elevations upon develop-
ment.
Ordinarily, relief from the provisions of the Zoning Ordinance would be sought
through the Zoning Board of Appeals and the Village Board in accordance with
the provisions of Paragraph (G) Variations, Section XIII Administration and
Enforcement, of the Zoning Ordinance. n this instance, However, t e appro- '
priateness of such action was unclear due to the presence in Paragraph K,
Section V of the last sentence, "Structure height may be measured from a
base elevation other than natural grade level only with the express approval
of the Village of Oak Brook." This language had been added by amendment
through Ordinance G-180.
In order to understand the meaning and intended purpose of such language, the
file contents on the Zoning Board of Appeals amendment hearings and passage of
Ordinance G-180 were reviewed.
The Zoning Board of Appeals held a public hearing on the then proposed amend-
ment on April 6, 1976. The proceedings were recorded and transcribed by the
DuPage Reporting Service, Inc. This record contains a lengthy and in depth
discussion regarding the intent of the entire paragraph with clarifying state-
ments from the amendments author, Fred Bianucci, regarding application and
interpretatiori.
Based on these statements, the following would seem to apply:
1) In the event that a final plat of subdivision is or has been approved
by the Village Board, supported by a grading plan approved by the
Village Engineer, the ground levels established by that grading
plan become base elevations expressly approved by the Village of
Oak Brook from which structural height may be measured.
2) Where
a) the final plat of subdivision was approved without an approved
grading Plan;
b) the final plat of subdivision had been approved by a body
other than the Village of Oak Brook; or
c) no final plat of subdivision has ever been approved,
structure height must be measured from the "natural ground level`
or the property owner must petition the Village Board directly,
seeking expressed approval of some other base elevation.
Zoning Board of Appeals - 3 - March 14, 1978
3) When a grading plan which had supported a final plat of subdivision
approved by the Village must be amended, such amended plan must be
approved by the Village Board before it can be utilized to establish
new base elevations.
The Village Attorney reviewed these conclusions reached in 1, 2, and 3 above
and concurred.
The subject property, was created as a lot in an assessment plat, but no final
plat of subdivision has ever been approved. Therefore, 2, c) above applies,
and the owners, in my opinion, could have petitioned the Village Board
directly to seek approval of a new base elevation.
I would suggest, in the present petition, that the Zoning Board of Appeals
proceed to make a recommendation for a variation based on findings of fact,
thus allowing the Village Board flexibility in reaching a final decision re-
garding the need for a variation.
Should the Village Board determine that variations are not required in these
situations, they may, as a matter of policy, still decide to. seek the advice
of the Zoning Board of Appeals or Plan Commission.
Respectfully submitte ..
Ed. Glatfelte
Assistant to Village Manager
EG:bw
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROA D
OAK BROOK, ILLINOIS
654-2220
January 31, 1980
MEMO TO Zoning Board of Appeals
FROM: James E . Clark, Building Commissioner
SUBJECT: Drake Oak Brook
The Drake Oak Brook is presently constructing a five story office
building on property located at the southeast corner of 22nd Street
and York Road. The property in question is zoned B-4 Hotel-Office
District which allows a maximum structure height, Section VIII
(F) (7) of the Zoning Ordinance, of not more than five stories .
During the- course of reviewing the plans for this construction it_
was learned that the developers intended to utilize 14 ,000 square
feet of the basement area as a health club facility. The structure
as proposed consists of five stories and this basement . The issue
presented is whether the utilization of the basement area for a
health club facility renders .that basement area into a 'story, thus
making the building six stories and exceeding the height limitation
in the B-4 zoning district . For the reasons expressed herein, as
previously communicated to the developers upon review of their
plans, the utilization of the basement area described makes the
office building in question a six story• building which exceeds the
height limitation in this zoning district .
A basement is defined by the Oak Brook Zoning Ordinance (definition
12, page 976) as:
"A story having part but not more than one-half
of its floor to ceiling height below grade .
When a basement is used for storage or garages
for the use of occupants of the building, or
other fa.cilities common for the operation and
maintenance of the entire building , it shall
not be counted as a story."
It is my opinion that the basement in question is a story under its
present use since 1) not more than one-half of its floor to ceiling
height is below ground, 2) the use of the basement is not for facili-
ties common to the operation and maintenance of the building, garages
or -storage . ' In my opinion the use of the word "grade" in the defini
January 31, 1980
Page two
Zoning Board of Appeals
Re: Drake Oak Brook
tion of basement refers to the natural ground level as defined in the
Zoning Ordinance (definition 95. 1, page 986) . Based upon this natu-
ral ground level, which has been computed by the Building Department,
the basement area is not more than one-half below .grade . It is cor-
rect that certain grading will be done to the site which may render
this basement area more than half below the finish grade . However,
it is my contention that the use of th e *word "grade" means natural
ground level, since any other definition of the term would allow
the construction of a building exceeding the height limitation since
subsequent grading could convert the basement area into a nonstory
by making the basement area more than half below "grade" . To not
utilize the Zoning Ordinance definition of natural ground level
would permit a developer to arbitrarily convert a basement area
into a Geller (definition 28, page 977) through grading of the site.
I do not believe that this correctly represents the intent of the
Ordinance in its reference to "grade" and its definitions of base-
ment and celler. Moreover, the Chicago Building Code , adopted by
the Village of Oak Brook and applicable to this construction, pro-
hibits habitable rooms in a basement where the floor of the base-
ment is more than 2 feet below finish grade level and all exterior
walls containing openings required for natural light and ventila-
tion. The proposed health club facility is habitable space and under
the present plans the floor will be located more than 2 feet below-
finish grade.
The Zoning Ordinance definition of celler makes no reference to use .
However, Webster' s Dictionary defines a celler as "a pantry, store-
room, a small room,— hut" an as "a room or group of rooms below the
ground level and usually under a building often used for storing
fuel, provisions , etc." . This definition indicates that the term -
"celler" denotes clearly norihabitab'le space intended for passive use.
The Zoning Ordinance defintion providing that a celler is not a
story implicitly recognizes the .passive use of a celler. Likewise,
a basement is not counted as a story when its use is for storage
and facilities for the operation and maintenance of the entire
building - similar passive uses . The use proposed by the developers
in the present case is not a passive use but an active utilization
..of this space . The area involved is not a celler but a basement ,
and the active use of this area for a health club facility, by defini-
tion, makes it a story thus rendering the building a six story and
not a five story building.
Re ctfully submitted,
Dalies C1ar
Building Commissioner
JEC/cak
lr:-- DRQ OAY. BFM-,
a Ix1avrare corporation, )
Plaintiff )
}
vs. } No. 76 MAI-113
}
M V-r=(M CF OAK BROOK, }
a mmicipal corporation, }
Defendant )
DECREE
This cause, eoud.ng on to be heard upon the plaintiff's Carplaint for
a?clasatory Ju3g,-ent and for Injunction, and the Anmver thereto of the defendant,
' and the Court having heard the testiurory of witnesses and having received in
--ae Bence exhibits on be` a' of the plaintiff and the deferriant, and being fully
-advis7;d in the premises, finds:
; 1. That the plaintiff is -1.e otemer of a 17+ acre tract of lama located
at the southeast corner of 22nd. Street and York_ P.oad within the corporate limits
of the Village of Oak Brook, and desires to construct an ofZice building for
b.lsiness and professional office purposes ►.:Loon approximately 12 acres of said
tract, being the northwesterly portion thereof, the legal description of utich
said tract is as follow.:
1
That part ; 7 the D theast quarter of Section 25, Tbv mhip 39 !;or'.h,
P3nge ll, .:t:st of the Third Principal Meridian described as
follows: Beginning at the Morthwest corner of the 1:flrtheast
quarter of said Section 25, also being the intersection-of
cm8= lines of Yrk Raab and 22nd Street (Cen-k-uk Road) ; thence
S 0 00100" E along the West line of the Northeast quarter of said
Section 25, also being the c6nter line of York Pb,-A, a distance
of 1448.64 Beet; thence S 90 00100" E a distance of 198.43 feet;
thence N 45 00'00". E a distance of 80.09 feet; thence S 45000100"
E a distance of 22.80 feet; thence N 60 30'00" E a dista^x-me of
540.00 feet; thence N Oo00'00" E a distance of 1145.58 feet to a
point on the Iwrth line of the Northeast quarter of said Section
25, also boy the center line of 22nd Street (Ceuta. Pnad);
thence S 89 44'42" W along the North line of the Northeast quarter
of said Section 25, a c?.'. '>tamce of 741.12 feet to the place of be-
ginning, all in DuPage arty, Illinois, except that portion
feet to a point] thence S 0000100" W a distance of 75.00 Lit
to a point; thence S 0'44142- W, along a lines parallel With
the :brth line of said Section 25 acid 150 feet South the-xeof
(rv-x,--ured at right amles) a distance of 741.12 fmt to a point:
on the Wit: li:.r of the rbrt.east quartex of Section 251 enen�ce
N 00°00`00" W a dist-To-a- of 75.0 feet to the place of i egirming,
and also subject to that portion previously dedicated for nic.#-,way
purposes.
2. Both 22nd Street and York Roads are aterial higtr4ays four lanes in
Width, 22nd Street ximnirrj easterly and viesterly, and York roadrunning i�ti,her
ly
And southerly, and the Intersection is protected by asnap-aml-go light. York
Fond narrcra to a two--lira hiasouth of plaintiff's Fzaperty. hying between
plainti-i'Tts property and 22nd Str--tt is a 75-foot strip of ].and a ad by N=thern
Illinois Gas C3cmpany, to rich the plaintiff Lase certain surface rights such as
the right to utilire t,-- zz%7z--.for-p_arki g, .
.. 3. That the rlcuant area north of 22nd Street on both sides of York
1ce3 is classified O�.Fr-1 office Research Assembly District ruder the 0A Brack
Zoning Ordinance, and is generally irproved and utilized for offices and light
industrial assmbly uses. The property directly across Stork Road to the west is
2 Fc-1 A in51e-1, ,ily `a ed zesiee : : district under the Oar: Brook Zoning
Orinamm, and is used for a puL.tic fee golf crurse.
4. Southeasterly from the site where. plaintiff proposes tr, C r.-tr%xt
its office hAldirg, and Located on the 17+ acre tract of land, is a t:-.-L _l
facility owned and operated by the plaintiff with axesscr_-y use such as didng
facilities, small retail shl ops, meeting zoosr---, laundry facilities, and an enclosed
swirrdmg facility to vtdch public ==barshiFs are available.
5. Southerly and easterly of the hotel facility and adjacent thereto is
a vacant ap=cxir'ate 13-acre tract of lard maned by the plaintiff, which is zoned
for single-faAly residential. Wises, and lying Senerally southerly a,-Ad easterly
thereof is a single-family residential subdivision )mmm as York vbcds.
2 -
7. ihat in genoral the parr.:itted usea. in such classification are hotels,
rr;tels, offices 11.-Ated to institutional and f:.at`rna2, accessory uses to the
foreevig uses plus St—A.- miscella.-W-<x1a uses related to utility services. Special
uses tnareunder include offices, busies and prof essia al, with errtain can-
structim limitations Win.
$. The Curt further fir4s that beca5-. ..,3 of the buffer to nez;by residential
property created by the plaintiff's existing use; the extent to vhich existing zanif ng
diminishes valor of tae irises; that extent to kI.-Ach the proposed use enhances that
value; the rAm-suitability of the property for purposes permitted existing zo—
irg claszificatian; the minirnal extent to which surrounding pmierty values would be
diminished by the proposed use; and the s-all relative gains to the public c=.mrred
with the hardship fns: ::;_:::; upon the earner, this Gaunt Aures that t I=e is no
v: tics
basis for the Village of Oak Brook to c.-crcise its police power to d. W the
plaintiff the richt to use its property for business arra professional office
building 1:u r :
ir3EFi�`x`�F , IT I5 QP. "�, ADJMGM, DECLAt� and D , pur3uant W
the Declaratory Jm'g=r--nt Act, that t+.e zoning restric'Uens of the Village of Cal;
Bx-. s purport J to dmY the plaintiff the right to use its 1property fb: business
and prof—sicnal b-ailding purposes bear no real or su s tantiai velati on to
&.a public health and safety, morals, comfort, and general welfare, and therefore
`.
are zebi uric oris, arZ void as they relate to L •
Crazy, car ey plaintiff s par+aperty asx3 its
use thereof.
IT IS FURrz!R LT.T=M, ADMMM ad D that the defer-zt, the
Village of Oak Br X-:, its agents, servants ar d employees, and each of thein, be .
and are hereby restrained frac in any manner enforcing, attempting to or threaten-
ing to enforce those provisions of the Oak Brook Zoning Ordinance which y.9..rport to
restrict and deny the plaintiff the right to a��truct an office bur]Ai ria for
business and professional office purposes, are- the defendant, the Village of Oak
R=k., is hereby ozdez to issue- bo the plaintiff, its successors and assigm
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and subject to the ar licahle visions of the Oak Brook Zoning C,rdin3zice,
,aildim, Ordimnce, mA other cud-, rules, arO regulaticm. .
I'1' IS FU.}MUM n' , MULEi) and T1FM= that this.Court retain
3uri�;icticn of the subject ratter herein for the purpose of enforcing this
rec=ee.
Fhter•
judge
Dated:
spa'N t w
CASE TITLE: Appeal of the Building Commissioner's Decision as it relates to the .
application of "Story'%2,,
0 TO FILE: (CONFIDENTIAL - PRIVATE - NOT FOR DISTRIBUTION)
rc n� M
This memo is solely for the purpose of stating my position in the interpetation of
the zoning ordinance as it relates to "STORY". I base my rationals on over 10 years
experience in applying the ordinance to both residential and commercial districts.
Step number one is to establish the relationship of the zoning ordinance to the site.
Each district has its own regulations for intensity; height and bulk, etc. , but its
application to any parcel of land must be uniform and consistant.
In the position that I have served the village, regardless of the various titles
attached to my job desription, I have been responsible for review of plans for all
new construction for zoning compliance, having served an internship of 4 to 5 years
under the direction of the Building Inspector, with the assistance of the Chairman
of the Zoning Board of Appeals and persons involved in drafting the Zoning Ordinance.
v)"3-'�
I offer this information to substantiate the credibility of my experience as to the
application of the zoning ordinance as it relates to "STORY", and to rebut the letter
written by the Building Commissioner, dated January 31 , 1980.
I have stated my opinion on this matter to the Building Commissioner, but he has
strongly taken the position that the underground level of the office building is to
counted as a story when it is utilized for any type of use. I disagree that the
regulations of the ordinance would be violated by the issuance of a building permit
for a Health Club or any other use, in the cellar of the building.
To substantiate this, I submit the definitions that are applicable, (see attached),
and have been consistantly applied to all construction - residential and commercial.
There is no question in my mind that the ordinance, by defintion, excluded the
portion of the structure below grade as being counted in the number of stories
permitted. The rule of thumb being that when there is a specific exclusion or
allowance, this would then take precedence.
Hence, by definition, it is my opinion that the portion of the building in question
qualifies as a cellar, and is NOT included in counting the number of stories
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permitted.
w To say this interpetation is erroneous, is to say that many, many, residences are
e CIin violation, as the exposure of the cellar in the rear of a structure gives the
n appearance of 3 stories, whereas the ordinance only allows 22. Further, for the
purpose of height measurement only, the use of the cellar in any commercial buildings
has not been a consideration, whether they are governed by the 35' height, or the
5 or 8 story restrictions. To substantiate this, I can only mention a few — McDonald's
Plaza, the Koplin Buildings, Mutual Trust, CB&I, etc.
The introduction of the definition of "Natural Ground Elevation" did not, in my
opinion negate the application of "Cellar", and here is where the Building Commissioner
In rebutting the letter of Commissioner Clark, I again offer as credentials, my
years of experience with the various codes and the application of same.
FROM THE DESK OF
' -Marianne Lakosd
_2_ 1 ( � dOu`r
The Village of Oak Brook codes and ordinances provide for their own definitions and
this mast supercede any Dictionary Definitions. There is no necessity in the
definition of cellar to make any reference to its use, as it is not the intent of the
zoning ordinance to restrict by definition the uses on any given story of a structure
(cellar, basement, or otherwise) . The uses are already governed by the district in
which it is located and to further allow a use would be prohibitive.
NOTE:
" SHALL as used in all codes and the zoning ordinance is mandatory.
Chapter 5 of the Oak Brook Code of Ordinances adopts by reference:
1) The January 1970 Edition of SBOC Code for all single family residences not
over 2 stories and an attic in height and the rule of definition for interpeting
the code is:
Where terms are not definied in this section, they SHALL have their ordinarily
accepted meanings or such as the context may impl?K
By definition in SBOC Code:
HABITABLE ROOMS are defined as being rooms designed to be used for living,
sleeping, or cooking, not including basement recreation rooms.
BASEMENT RECREATION ROOMS qrE defined as; `J Rooms with floors 3' 6" or less
below the adjoining outside finished grade must comply with the requirements for
Habitable Basement Rooms with respect to light, ventilation, etc. , OR
Cg2) Rooms with floors in excess of 3' 6" below the adjoining outside finished
rade must comply with the requirements for Open Basements.
NOTE that the reference to Basement Rooms is to its relationship to "the adjoining
finikhedgrade".
41ABITABLE ROOMS are for residential uses only,
2) All other buildings (commercial) shall comply with the 1976 Edition of the City
of Chicago Code.
By Definition in City of Chicago Code:
(a) Habitable Room is a room in a Residential Unit used for living, sleeping etc.
(Residential Unit is exactly what the name unp ies and Habitable Rooms is not
applicable to a commercial structure.)
(b) Basement - A story of a building partially or wholly below grade.
(No defintion for cellar, and basement defintiion would apply)
(c) Story - The space between any two floors.
(d) Grade - For a building located mere than 10' from the street property line,
_ Grade SHALL be the finished ground elevation at the building wall.
Chapter 51 of the City of Chicago Code directs the application of the Height
p a Limitations by:
"the height in feet SHALL be taken as the vertical distance from the average-
grade to the highest point of the building." (excluding penthouses, chimneys, etc.);
o
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VILLAGE OF OAK BROOK.
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
654-2220
January 31, 1980
MEMO TO: Zoning Board of Appeals
FROM: James E . Clark, Building Inspector
SUBJECT: Collins Development Company - Drake Oak Brook Hotel
Appeal
Due to the fact that I will be unavailable to attend your regular
meeting of February S , 1980 since I will be on vaction until
February 18 , 1980 , I respectfully request that the matter of the
Drake Oak Brook Appeal regarding structure height be continued
to next regular meeting or such other time as you deem appropriate .
Respectfully submitted,
J�e�Clark
Building Inspector
JEC/cak
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VILLAGE OF OAK BRC) OK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
t>54 2220
•
January 31, 1980
MEMO TO: Zoning Board of Appeals
FROM: James E . Clark, Building Commissioner
SUBJECT: Drake Oak Brook
The Drake Oak Brook is presently constructing a five story office
building on property located at the southeast corner of 22nd Street
and York Road. The property in question is zoned B-4 Hotel-Office
District which allows a maximum structure height, Section VIII
(F) (7) of the Zoning Ordinance, of not more than five stories .
During the course of reviewing the plans for this construction it
was learned that the developers intended to utilize 14, 000 square
feet of the basement area as a health club facility. The structure
as proposed consists of five stories and this basement . The issue
presented is whether the utilization of the basement area for a
health club facility renders that basement area into a 'story, thus
making ,the building six stories and exceeding the height limitation
in the B- 4 zoning district . For the reasons expressed herein, as
previously communicated to the developers upon review of their
plans, the utilization of the basement area described makes the
office building in question a six story building which exceeds the
height limitation in this zoning district .
A basement is defined by the Oak Brook Zoning Ordinance (definition
12 , page 976) as :
"A story having part but not more than one-half
of its floor to ceiling height below grade .
When a basement is used for 'storage or garages
for the use of occupants of the building, or
other facilities common for the operation and
maintenance of the entire building, it shall
not be counted as a story."
It is my opinion that the basement in question is a story under its
present use since 1) not more than one-half of its floor to ceiling
height is below groan a use o �ebas�emen�i or acili-
ties common ' erati6n an maintenuilding, garages
or storage In my opinion the use" ifW worms"grade" in the defini-
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
654-2220
January 25, 1980
De.ar Resident,
The Oak Brook Zoning Board of Appeals and Village Board and Plan
Commission, if necessary, will be considering a:
Zoning Amendment XX Appeal Variation
at the meetings as scheduled on the reverse side of this notice.
Please refer to this schedule for time, place and dates of meetings.
The application has been filed by: Collins Development
(Name of Applicant)
303 E. Main St. ,
St. Charles, IL 60174
(Address)
The property in question is situated at: Drake oak Brook
( South East corner of York Road and 22nd Street)
The specific action being requested is as follows:
Appeal of the Building Commissioner' s decision that the basement—
is
asement _is to be considered a Story rather than a cellar.
If you desire more detailed information, we would suggest that you .
contact the Inspection Bureau located in Fire Station 1, 1212 Oak
Brook Road, or you may call 654-2220 to review the file .
A map of the area has been reproduced on the reverse side to assist
you in determing your relationship to the property in question.
MAILING LIST
( As per application)
COLLINS DEVELOPMENT CORPORATION 303 East Main-St. Chanes, 111.60174• (112) h s 2 eo
January 2, 1980
Mrs. Marianne Lakosil
Village Clerk
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60521
Dear Ladies and Gentlemen:
Pursaunt to Section XIII (F) (2) of the Zoning Ordinance
of the Village of Oak Brook of 1966 and acting as development
consultants and agents for t e Drake OakBrook, Inc. , we are
hereby appealing the determination of the Building Inspector
as respects the zoning definitions of basement and cellar
and as they relate to our pending application for a health
club facility to be located in the Drake OakBrook office
plaza presently under construction.
General Background
In 1976, the Drake OakBrook, Inc. made application
to the Village of Oak Brook for the issuance of a building per-
mit for the construction of business and professional offices
on the vacant portion of the 17-acre site which the Drake Oak-
Brook owned. The Village of Oak Brook and its officers and
agents determined that the Drake ' s application was improper
and that the building permit which was sought was not consistent
with the permitted uses in the B-4 zoning classification.
Upon denial by the Village of the applicant' s request
for building permit , the Drake OakBrook filed a complaint for
declaratory judgment (No . 76 MR-113) and on January 30, 1978 ,
Judge Philip F. Locke ruled in favor of the Drake OakBrook, Inc.
The decree read in part: "Pursuant to the Declaratory
Judgment Act, the zoning restrictions of the Village of Oak
Brook purporting to deny the plaintiff the right to use its
pro�v for business and professional office i ing purposes
bear no real -"or relation to the public health and
safety, morals , comfort, and general welfare, and, therefore,
are arbitrary, capricious and void as they relate to the plain-
tiff' s property and its use thereof. " The court ordered further,
in part : "That the Village of Oak Brook is hereby ordered to
issue to the plaintiff, and its successors and assigns all per-
"mits necessary for the construction upon the subject property
of a building for business and professional office purpose not
Mrs . Marianne Lakosil
Page 4
January 2, 1980
In furtherance of our opinion, we submit that the
definition of "story„ provides- in part, as follows : "That
portion of a building, other than �_eI-Iar . . It is
our opinion that the use of the word; .."grade" (although it is
not defined in the ordinance) in the definition of basement
refers to a visual finished grade to the eye of the passerby
looking at a given building. Our opinion would seem to be
supported by the definition of grade (noun) as contained in
Black' s Law Dictionary (Revised Fourth Edition) .
We recognize that the topography of the site which
falls substantially from east to west was of some initial
concern to the Village. After substantial review, the Build-
ing Inspector determined that the building in question is five
stories , and the building permit as finally issued for the
building is consistent with all applicable provisions of the
zoning ordinance and the provisions of the court decree.
Requested Relief
After this somewhat lengthy background, we are
respectfully requesting that the Zoning Board of Appeals
reverse the previous determination made by the Building
Inspector that the lower portion of the building is a base-
ment and not a cellar and that the sub _ ct space which
entirel below _grade constitutes a cellar and, therefore,
is no calculated as part of the overall height measurement.
At the hearing which we hope will be scheduled at
the earliest possible convenience of the Zoning Board, addi-
tional evidence will be introduced indicating how the inter-
pretation presently being applied against the Drake OakBrook
is inconsistent with past interpretations and, in fact, in-
consistent with the actual definitions contained in the Zoning
Ordinance now and in the past.,--,-`"_.. --
f.Respectf4'.,Iy submitted,
James N`. Urhausen
;Vice President and
1 Secretary/Treasurer
CQLLINS DEVELOPMENT CORPORATION
JNU/mkb
cc: John Brechin,
Secretary, Zoning Board of Appeals
Mrs . Marianne Lakosil
Page 3
January 2 , 1980
along with the concurrent request that if such special use
is created, that same be issued to the Drake OakBrook for.
purposes of developing the health club use .
Basement vs. Cellar
In addition to the determination that an amendment
would be needed for the health club, the Building Inspector
has also made the determination that the area which will be
utilized by the health club is a "basement" . A basement is
defined by the Zoning Ordinance as "a story having part but
not more than 'one half of its floor to clear ceiling height
below grade. When a basement is used for storage, or other
aaccili.ties common for the operation or maintenance of the
entire building, it s all not be counted as a story. " The
Building Inspector feels , and we obviously agree, that the
operation of a health club facility is not "common for the
operation and maintenance of the building" , inasmuch as it
will be a membership type facility. If his determination
that the area is a basement is correct, it creates a building
which technically becomes six stories in height instead of
five stories , although it ' s obvious that the configuration
of and actual height of the building doesn' t change. We be-
lieve that the proper definition of the lower portion of the
building in question is a cellar which is defined in the Zoning
Ordinance as "a story having more than one-half of its floor
to clear ceiling height below gra e. A cellar IS NOT (emphasis
added) included In co m utin t o number o stories or the
purposes of height measurement. " As indicated y the approved
plans, this entire lower portion of the building will be below
visual finished grade.
We note with interest that the definition of basement
has not changed since the adoption of the original zoning
ordinance in 1966, or in the 1966 zoning ordinance as amended
in 1976 and 1977 . The same situation exists with respect to
the definition of cellar as it has been defined the same since
the 1966 zoning ordinance and subsequent amendments thereto.
We also note that the Hyatt House which has a comparable health
club facility in the "basement" area under the same interpreta-
tion being applied against the Drake OakBrook becomes technically
a nine-story building where only eight stories are permitted in
the ORA- 2 district, although no variation or appeal from the
determination of the Building Inspector was filed at the time.
Mrs . Marianne Lakosil
Page 2
January 2, 1980
exceeding five stories in height and subject to the applicable
provisions of the Oak Brook Zoning Ordinance, Building
Ordinance, and other codes , rules and regulations . " The
Village Board, after substantial discussion, chose not to
appeal the aforementioned court decision.
Present Situation
During the months of June, July and August, 1979,
final plans, specifications and related documents were filed
with the Village of Oak Brook requesting a building permit
to construct 250, 000 gross square feet of office area consist-
ent with the court relief granted as indicated above . On
September 4 , 1979, the Board of Trustees at a special meeting
called for the discussion of roadway and exit improvements
for Dover Drive and Windsor Drive in the area of York and
22nd Street acted unanimously to authorize the issuance of a
building permit for the aforementioned application previously
filed with the Village. Construction on the $25, 000, 000
office complex started September 11 , 1979.
While the plans were being reviewed by the various
operating departments of the Village, the management and.
ownership of the Drake OakBrook focused on the substantial
amount of unused basement space which would have to be
constructed as a part of the overall project. After discus-
sion, the Drake decided to utilize some of this basement
space for the purpose of constructing a 14, 000 square foot
health club facility which would provide ancillary recreational
opportunities to hotel patrons and, more importantly, offer
a contemporary accessory opportunity to the executive tenants
of the proposed office buildings .
Section VIII (F) lists "personal service uses" not
exceeding 2 , 000 square feet in size as permitted accessory
uses, although no specific definition of "personal service
use" is included in the zoning ordinance . The determination
was made by the Village that the health club use, since it
was not specifically enumerated in the ordinance, and since
it was larger than 2, 000 square feet, would require an
amendment which would specifically define and limit the
extent and type of health club use as .proposed. The initial
amendment request was referred to the Plan Commission for
hearing and comment during the months of October and November.
As a result of comments and suggestions made at those meet-
ings , an amended request creating an additional special use
in the B-4 classification has been filed with the Village
Amendment & Special Use
5. Heritage Oaks - Preliminary Plat
6. B. Templebon Estate - Informal Discussion
7. Trinity Lakes Unit No. 2 - Final Plat
8. Pedestrian Bicycle Trail Master.Plan Update
Monday, CCP24ITiTEE OF THE WHOLE. MEETING 7:30
February 25, 1980 Village Commons - Samuel E. Dean Board Room
Tuesday, REGULAR BOARD OF TRUSTEES MEETIM 7:30
February 26, 1980 Village Comnons - Samuel E. Dean Board Room
Monday, SPECIAL PLAN COWISSION MEETING 7:30 IP
March 3, 1980 Village Ccammns - Samuel E. Dean Board Room
Agenda
Continued from Plan Ccernission meeting of 2/18/80
Trinity Lakes Unit II - Final Plat
James I. bU4ahon - Preliminary Plat
Tuesday, IUXXMAR Z014ING BOARD OF APPEALS MEETING 7:30
March 4, 1980 Village Cwmons - Samuel E. Dean Board Poom
Agenda
1. Roll Call
2. Approval of Minutes
3. Merry Lane Subdivision - Special Use - Flood Plain
4. McDonald's Corp. - Special Use "Drive W' Establishment
5. Collins Development Corp. (Drake-Oakbrook, Inc.) Zoning
Amendment & Special Use
C9Collins Development Corp. - Drake Oakbrook - Appeal
2F.onday, CODS OF THE WHOLE P=TING 7:30
March 10, 1980 Village Ccnnons - Sarauel E. Dean Board Room
Tuesday, REGULAR BOARD OF TRUSTEES MEETING 7:30
Marcki 11, 1980 Village Commons - Samuel E. Dean Board Room
Itera r5 was published in the Oak Brook DOINGS on February, 14, 1980
Item� r4 was published in the Oak Brook DOINGS on February• 7, 1980
Fera r3 was published in the Oak Brook DomGS on tlovember 15, 1979
ZONING BOARD OF APPEALS Minutes 3 February S, 1980
IV. COLLINS DEVELOPMENT - DRAKE OAK BROOK - APPEAL - STRUCTURE HEIGHT
James Urhausen from Collins Development Corporation was in attend-
ance representing the petitioner. The request of Building In-
spector Clark for a continuance due to his being on vacation was
considered and a motion was made by Member McCormick, seconded
by Member Fullan that the appeal be continued upon the consent
of the petitioner,which was noted by Mr. Urhausen ,to March 4, 1980.
ROLL CALL VOTE: Ayes : Members Fullan, Hodge, Imrie,
McCormick and Chairman Baroni
Nays : None
Absent: Members Muschler and Regas
MOTION CARRIED. . . . . . . . . .. . . . .
ZONING BOARD OF APPEALS Minutes 3 February S, 1980
asement e 04 ..,,wn,
Yi
-s
tre ,� o ry ' zoll f
A4te
1
sr = x r W$� H I C 7/80'.
'.
iwy LDA MOLf.QY stories above grounds use of the build. I�eXelopmetit aou �e.of the space,:would not In-
Nr l<f you count the basement It's per. Ing below ground for other-than Bark= -titfifze bo -grtitel+Ai spy � a 4deosity of population within the
iitories; otherwise it's five.And if you ., ing and overall building maintenance health club. beX siuCe'vrflh >H; 'fiuiiding Ike said the space would
use the,basement,it gets counted,and constitutes another story by,virtue of proposal, said Urbausett,' ttje terve Accessory purposes to persons
anyway,you can't use the basement. its use. marketing research demaestra�ed tho °s#jrpa4y unused in the building.
Vice-president of Collins Develop• According to Oak Brook zoning ordl= pian was not a solid one.Detetp�"6 d ZBA chairman Gene 4. Baroni op-
pent Corporation, developers of the nances, basement areas'may not be to use the space, however, Elle the;use of the below-basement!
proposed' Orake-0ak Brook office used for offices,shops,and other com- parry applied for a variation tQnfng a1i'@a indicating it did not make a great
complex, James M. Urhausen, was mercial endeavors within'a business-4 : ordinance restriRtiops Q¢}; Alps mal ►f sense to.aAow`use of a cellar i
Oak Brook's first village manager, district.The area musk strictly serve height. That!requet�t, too; was with-3 ` for acticities not permitted in a l
and therefore, well-versed in zoning parking,storage,or other building re- drawn.The corporatioe's most recent `'_beSeP�►�t by the,zoning code.. Other
matters and appreciative of zoning dated maintenance functions, request appealed:the buil4hWr ► W 014bers reiterated that if the
complications. But his expertise in CoAfns Development Corporation, missioner's deterraluation that ti's of •.,spaCo axas`inh�bited,it must`-be count-
,c
matters stlll did not guarantee bpwever, wquld like to uf11 ze below- the space was•not.legally permlftted, 'ed as a story,
success with the Oak Brook Zoningd additiq�gally, use ot,the..sgaoe The,'single ZBA member who sup-
basement space; i.e., a cellar area,
3oard of Appeals Tuesday,it rejected for such purposes as a building cafete twere permission�jra�to41>.:4qtla�itut ported.the Collins Development Cor-
tlis appeal,for his company s obtain- ria for office employees,and other yet ed an additional story, regardless,of .:potation request,Joseph Fulton, said .
ppermission for below-ground level, to be defined uses. the•construction of. the ;ire tivtt since•the building would not change in
ace in the proposed Drake office s stories above8round.
R actuaj.•beight, he thought it didn't
structure'to be used for non-building Issue finalized ' Urhauseapt'esented hfs vfow tQ SSA a e a bit of difference::
maintenance acUvites. • But the ZBA's recommendation to members .that , height Motootiotis ' The Drake-Oak Brook office com-
Zoning restrictions in the location of uphold Oak Brook Building Commis- 'served two t purposes; laestheticss and".,.plex wild be located just north of the
the Drake Oak Brook limit structure's sioner James Clark's•decision•final density-relAted corm Draki&O4k,Brook Hotel,near the in
five stories. And although Collins. lazes,the issue raised by the.develops structure wopld'ngi wchae jj,44 fersectic�''ot 'York Road•and Zttisi
vel went will only, build five ers last summer. Ori nal Dills$` +cantl in its a thetf a
Awendnent & Special Use
5. Heritage Oaks - Preliminary Plat
6. B. Templeton Estate - Informal. Discussion
7. Trinity Lakes Unit No. 2 - Final Plat
8. Pedestrian Bicycle Trail Master.Plan Update
Monday, C OMMITIEE OF TNS WHOLE METING 7:30
February 25, 1980 Village Cawr=is - Samuel E. Dean Board Room
Tuesday, REGULAR BOARD OF TRUSTEES MELTING 7:30
February 261 1980 Village Commons - Samuel E. Dean Board Roan
Monday, SPECIAL PLAN COMMISSION MEETING 7:30 11
March 3, 1980 Village CmWns - Samuel E. Dean Board Roan
Agenda
Continued from Plan Cmudssion meeting of 2/18/80
Trinity Lakes Unit II - Final Plat
James I. McMahon - Preliminary Plat
Tuesday, REGULAR Z014-ING BOARD OF APPFATS MEETING 7:30
March 4, 1980 Village Ccnuons - Samuel E. Dean Board Roan
Agenda
1. Roll Call
2. Approval of Minutes
3. Merry Lane Subdivision - Special Use - Flood Plain
65 McDonald's Corp. - Special Use "Drive In" Establishment
Collins Development Corp. (Drake-Oakbrook, Inc.) Zoning
Amendment & Special Use
6. Collins. Development Corp. - Drake Oakbrook - Appeal
-1 onlay, COiMMI L'E OF THE WHOLE MEQ ING 7:30 E
March 10, 1980 Village Ccamons - Samuel E. Dean Board Room
Tuesday, REGULAR BOARD OF TRUSTEES 1=19G 7:30 E
March 11, 1980 Village Commas - Samuel E. Dean Board Roan
Item r5 was published in the Oak Brook DOINGS on February, 14, 1980
Ite.« r4 was published in the Oak Brook DOINGS on February. 7, 1980
Itcsn T3 was published in the Oak Brook DOINGS on November 15, 1979
IV. Collins Development Corporation- (Drake-Oak. Brook, Inc. )-Zoning
Amendment and Special Use '
Village Attorney Brechin stated that he had been in contact
with Mr. Jim Urhausen, representing the applicant, and that
the applicant wished to withdraw this petition and that a
letter was in the mail concerning this fact.
Member Marcy then moved, seconded by Member O'Brien, to remove
this item from the agenda.
Voice vote. . . . Motion Carried Unanimous- 1
PLAN COMMISSION Minutes 4 February 18, 1980 .
COLLINS DEVELOPMENT CORPORATION 303 East Main•St.Charles, 111.60174•(312)584-2500
February 15 , 1980
Mrs. Marianne Lakosil
Village Clerk
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60521
Dear Marianne :
After substantial discussion by the ownership and
management of the Drake OakBrook, they have directed us to
withdraw our application for the creation of and issuance of
special use permit for private membership only health clubs
in the B-4 zoning classification, which was to be heard by
the Plan Commission on February 18 , 1980.
The decision was predicated upon further market
research which has occurred from and after the time that our
application was originally filed.
At the present time, and in lieu of the utilization
of a portion of the basement space for the health club, the
Drake is considering the development of a cafeteria type
restaurant which would be generally intended for and made
available to future occupants and tenants of the office build-
ings under construction.
Although our plans are not definite at this point in
time, we believe that the change in use to the aforementioned
cafeteria facility may obviate the need for any further addi-.
tional zoning relief which has been the subject of hearings
over the past several months .'
We sincerely appreciate the courteous treatment
which has been extended to us by the Village and regret any
inconvenience which may have been caused in the past . Our
objective then and now is to develop two of the finest office
LEGAL NOTICE PUBLISHER'S CERTIFICATE
VILLAGE OF OAK BROOK
OU PAGE AND COOK COUNTIES,ILLINOIS
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a public hearing THIS IS TO CERTIFY That the notice, a true copy of which is attached to this
beforethe aCo �als liVillage
ed'BrookOuPagondoC tiess,Ilnois,willbbelocertificate, was published in THE OAK BR"OK DOINGS once each week for
March a,1900 at 7:30 P.M.in the Oak Brook Village Hall,
1200 Oak Brook Road,Illinois,for the purpose of consider-
Ing the application of Collins Development Corporation for
Weeks SLLCCQSSIVeIy; that the date
an amendmeM and special use as provided under Sections .....................One.................................
XII l.(1)and(J)of the Zoning Ordinance of the Village of
Oak Brook,Illinois,Ordinance G•60,as amended.
\ 14th
An amendment to the following Sections of the Zoning Or
An is requested:An amendment to Section VIII (F) of the first publication was the..............................................................day of
(2)to add as an additional special use private membership
only health clubs in office complexes and the issuance a
of
special use therefor. .I February
The property may be generally described as the S.E.car- .......................A.D., 19.$9_., and that the date of the last publication was
nor of York Rd.and 22nd Street,Oak Brook,Illinois,and
the.legal description is as follows:.
Lots 1 and 2 in the Drake Oak Brook,Inc.Assess the, the..........................................day Of......................................A.D., 19...........
ment Plat of part of`Township 39 North,�111,aE s hof the ni a AND IT IS FURTHER CERTIFIED That THE OAK BROOK DOINGS is a
APrincrecorded
Meridien.according 1%2 as fhe.platDocum thereof Y secular newspaper of general circulation, published weekly in the Village
retarded February.23, 1%2 as Document No: � �� g y g
,R62-SM,in DuPage County,Illinois. of Hinsdale, County of DuPage, State of Illinois, and circulated generally
Permanem Par`06-25-N-Numbers: � in the Villages of Hinsdale, Clarendon Hills, Oak Brook, Willowbrook, Burr
All persons desiring to be a d In support of or in opposi- Ridge, adjacent unincorporated and incorporated areas, and In DuPage and
tion to the propsed amendment and special use or any pro- Cook Counties, Illinois, and in other areas; that said THE OAK BROOK
vision thereof,will be afforded an opportunity to do so and
may submit their stafemenfs oraliy or In writing or both. DOINGS is a "newspaper" as defined by the Illinois Statutes made and pro
rhe he+ring may ro f Is publicly
to another date it not of vided for such situations, to wit; by Section 5 of "An Act to revise the law
or time and place.thereOF is publkly announced at the hearing
days given by newspaper he recessed
not less man nv- in relation to notices", 1874, Feb. 13, R.S. 1874, p. 723, §5, as amended 1959,
days prior to the date of the recessed hearing.
MARIANNELAKOSIL July 17, Laws 1959, p. 1494, 1.1; and is also a "newspaper" as defined by
Published at the direction of the Corporate lAutthorritiees Section 1 Of "An Act concerning the publication of legal notices", 1909, June
and the Zoning Board of.Appeals of the Village of-Oak 8, Laws 1909, p. 288, 11, as amended 1927, June 29, Laws 1927, I) 603, $1, and
Brook,DuPage and Cook Counties,Illinois.% uubblished in the Oak Brook Doings,Thursday, Feb. 16, as further amended 1945, April 12, Laws 1945, p. 1089, 41. and as further
J•
amended in 1957, July 9, Laws 1957, p. 2270, 41, and as further amended
1959, July 17,Laws 1959, p. 1496, 11; and that said THE OAK BROOK DOINGS
has been continuously published at regular intervals of at least once each
week with a minimum of 50 issues per year for over one year prior to the
first publication of the attached notice.
IN WITNESS WHEREOF, one of the co-publishers of said THE
OAK BROOK DOINGS has affixed his hand and seal this
........ 5th.-----.....day of..February......., A.D. 1980. ...
Publishers Charge.....28e05.........
VWpublisher
i
President Cerne indicated approval of the motion.
So ordered
D. Report of Activities
.Communications & Sports Core
Trustee Philip reported: A quarterly mewsletter will be mailed to the residents.'
Finance & Personnel
Trustee Rush reported: Budget is on schedule.
Public Safety - Transportation - Library
Trustee Lavery reported: Meeting held with Fullersburg Woods residents on
traffic study. IDOT has approved improvements for Route 83 including Bridge '
repair at Ogden Avenue and at the Burlington Railroad. Mayors and Managers
to recommend Phase II of the Route 83 Study.
Pulbic Works
Trustee Congreve reported: Public Works Department .received the Front End
Loader, and expects delivery of the Dump Truck with Plow to be delivered
in February. Met with Yorkshire Woods residents on proposed improvements.
Zoning & Planning
Trustee Reynolds reported: Letter from Intergovernmental Committee suggesting
meeting to discuss contest for Graue Mill logo. Graue Historical Gatetay
Ordinance recommended for approval by the Plan Commission and Public Hearing
by Zoning Board of Appeals to be held February 5, 1980. Appeal of Building
Commissioner's decision relative to number of stories allowed for the Drake Oak
Brook to be heard by Zoning Board of Appeals on February 5, 1980. Federal
Flood Plain Insurance Act requires an Official Flood Plain Map.
VII NUE BUSINESS
A. Grading Sheets - Insurance Service Office
Trustee Lavery commented that the Village of Oak Brook protection class has improved
from current class 5 to a class 4, based on the completion of the evaluation of the
fire insurance classification for our Village.
B Collins Development Company, Inc. , - Drake Oakbrook - York Road at 22nd Street
Zoning Amendment � Special Use
Referred to Plan C%mission Meeting of February 18, 1980, and Zoning Board
of:Appeals Meeting of February 5, 1980.
':':i Lr_."•-vi �'T'
qv' IT(W MINUITS S .Tang. ry 72, �n�.
Village Hall , 1200 Oak Brook Road, Illinois, for the purpose of consider-
ing the application of Collins Development Corporation for
a variation .and amendment as provided under Section XIII (G) and I.
of, the Zoning Ordinance _of the Village of Oak Brook, Illinois , Ordinance
G-*60 , ..as amended. ;
Relief from m= the following Sections of the Zoning Ordinance is
requested: (1) An amendment to Section VI I I (F) (1) (c) (2)' to permit a personal
'service use to occupy 14 ,000 square feet of area instead of the -present
maximum 2000. square feet; and (2) a variation from Section VIII (F) (7) to
allow a structure height of six stories instead of the maximum five stories
The property may be generally described as the S .E . corner of 22nd Oak .
Street and York-Road -_
Brook , Illinois, and the . legal description is as follows : Lots Land 2 in the
Drake Oak Brook, Inc. Assessment Plat of part of the NE quarter of Section 253, To: chip 39
North, Range 11,Last of the 11ird'Principal- Meridian according to the plat thereof racorde
February 23, 1962 as Doc=v t uR62-5095, in DuPage County, Illinois.
Perm-a-ent Parcel 06-25-200-008
06-25-200-006
A11 persons desirirLg to be heard in support of or in opposition to -the
proposed a=-=__,_±Tient ar_-2 variation or any provision thereof, will be of-.
forded an _=Dortuzlty to do so and may submit their statements orally
or i:: :rr=_- or both. The hearing may be recessed to another Cate if
notic-- o= time and place thereof is publicly announced at the hearing
or is gi ,-e�n by newspaper publication not less than five (5) days prior
to the d_te of the 'recessed hearing.
Marianne -Lakosi.l.,
Village Clerk
Published at the direction of the Corporate Authorities and the Zonin-
Board of Appeals of the Village of Oak. Brook, DuPage and Cool: Counties ,
Illinois ,
Published in the Oak Brook DOINGS .
A
`v
G
A -
9C �
F�
U
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
654-2220
October 10, 1979
Dear Resident,
The Oak Brook Zoning Board of Appeals and Village Board and Plan
commission, if necessary, will be considering a:
XX Zoning Amendment Special Use Mi Variation
at the meetings as scheduled on the reverse side of this notice.
Please •.refer to this schedule for time, place and dates of meetings.
The application has been filed by: Collins Development Co. for
(Name of Applicant)
Drake Oak Brook -lotel
2301 York Road
(Address)
The property in question is situated at: 2301 York 11,oad
(S.E. corner of 22nd Street and York -_ oad)
The specific action being requested is as follows:
1) Amen a"Ment -to Zoning Ordinance that would allcr;r approx 14,000 sc.ft. .
of floor aree. =or the single use as a "health club„
2) Ef l.e_.:lth club is allo:aed in the Basement Area, the Basement is
to be counted as a Story, where only 5 stories are permitted.
If you desire more detailed information, we would suggest that you
contact the Inspection Bureau located in Fire Station 1, 1212 Oak
Brook Road, or you may call 654-2220 to review the file .
A map of -thhe area has been reproduced on the reverse side to assist
you in dere iAng your relationship to the property in question.
MAILIiyG LISW
(As. per application)
ou
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
654-2220
October 10, 1379
Dear Resident,
The Oak Brook Zoning Board of Appeals and Village Board and Plan
commission, if necessary, will be considering a:
XX Zoning Amendment Special Use Xii Variation
at the meetings as scheduled on the reverse side of this notice.
Please•.refer to this schedule for time, place and dates of meetings.
The application has been filed by: Collins Development Co. for
• (Name of Applicant)
Drake Oak Brook i-=otel
2301 York Road
(Address)
The property in question is situated at: 2.301 York 13,oad
(S.E. corner of 22nd Street and York Woad)
The specific action being requested is as follows:
1) Ai`en"I :'.ent to Zoninu Ordinance that would allc7rT approx 14,000 sq.ft.
of floor area for Lne single use as a "health club" .
2) if health club is azl(maed in the Basement Area, the Basement is
to be counted as a Story, where only 5 stories are permitted.
If you desire more detailed information, we would suggest that you
contact the Inspection Bureau located in Fire Station 1, 1212 Oak
Brook Road, or you may call 654-2220 to review the file .
A map of the area has been reproduced on the reverse side to assist
you in dere ming your relationship to the property in question.
MAILI1,G LISW
As.
per application)
3,. YcDonald's Corp. Special Use "Drive In" Establishment
® Collins Development Corp. (Drake-Oakbrook, Inc.) Zoning
Amendment & Special Use
5. Heritage Oaks - Preliminary Plat
6. B. Templeton Estate - Informal Discussion
7. Trinity Lakes Unit No. 2 - Final Plat
8. Pedestrian Bicycle Trail Master Plan Update
Monday, COM4l'= OF THE MOLE MffiTING 7:30 P.
February 25, 1980 Village Cmmons - Samuel E. Dean Board Room
Tuesday, REGULAR BOARD OF TRUSTEES MEETING 7:30 P.I,
February 26, 1980 Village Conm[ons - Samuel E. Dean Board Room
Tuesday, REGULAR ZONING BOARD OF APPEALS =ING 7:30 P.
March 4, 1980 Village Commons - Samuel E. Dean Board Roan
Agenda
1. Roll Call
2. Ppproval of Minutes
3. Merry Lane Subdivision - Special Use - Flood Plain
4. McDonald's Corp.- Special Use "Drive In" Establishment
5. Collins Developnent Corp. (Drake-Oakbrook, Inc.) Zoning
Panendment & Special Use
6. Collins Development Corp. - Drake Oakbrook - Appeal
Monday, CO Meir= OF THE WHOLE MEETING 7:30 P.
March 10, 1980 Village Commons - Samuel E. Dean Board Room
Tuesday, REGULAR BOARD OF TRUSTEES =ING 7:30 P.M
March 11, 1980 Village.Comtons - Samuel E. Dean Board Room
Item #5 was published in the Oak Brook DOINGS on February, 14, 1980
Item #4 was published in the Oak Brook DOINGS on February 7, 1980
Item #3 was published in the Oak Brook DOINGS on NoverLber 15, 1979
LEGAL NOTICE
VILLAGE OF OAK BROOK
DIYPAGE AND COOK COUNTIES,ILLINOIS
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a public hearing -
• before the Zoning Board of Appeals of the Village of Oak
Brook,DuPage and Cook Counties,Illinois,will be held on
March 4,1990 at 7:30 P.M.in the Oak Brook Village Hall,
1200 Oak Brook Road,Illinois,for the purpose of consider-
ing the application of Collins Development.Corporation for
an amendment and special use as provided under Sections
XI11 (1)and(J)of the Zoning Ordinance of the Village of '
Oak Brook,Illinois,Ordinance G-60,as amended.
An amendment to the following Sections of the Zoning Or-
dinance is requested: An amendment to Section VIII (F)
(2)to add as an additional special use private membership
only health clubs in office complexes and the issuance of a
special use therefor.
The property may be generally described as the S.E.cor-
ner
orner of York Rd.and 22nd Street,Oak Brook,Illinois,and
the legal description is as follows:
Lots 1 and 2 in the Drake Oak Brook,Inc.Assess- -
ment Plat of part of the NE quarter of Section 25,
Township 39 North, Range 11, East of the Third
Principal Meridian according to the plat thereof
recorded February 23, 1962 as Document No.
R62-5095,in DuPage County,Illinois.
Permanent Parcel Numbers:
06-25.200.008
06-25-200-006
All persons desiring lobe heard in support of or in opposi-
tion to the propsed amendment and special use or any pro-
vision thereof,will be afforded an opportunity to do so and
may submit their statements orally or in writing or both.
The hearing may be recessed to another date if notice of
time and place thereof is publicly announced at the hearing
or is given by newspaper publication not less than five(5)
days prior to the date of the recessed hearing.
MARIANNE LAKOSIL
Village Clerk
Published at the direction of the Corporate Authorities
and the Zoning Board of Appeals of the Village of Oak
Brook,DuPage and Cook Counties,Illinois.
Published in the Oak Brook Doings, Thursday, Feb. 14,
1980.
G' ?
it
Marianne Lakosil,
Village Clerk
P111',] i.shed at the direction of the Corporate Authorities and ther7
Zonincy
board of Applcals of
t1 Village c,1 r
0a1" .I,rook, 1)�dla ;e and Cook Coons i� ,
I 11�.l.itni_�
PUI)Ii-shod in the Oak hx'oc': DOINGS .
hQ
77:
14
COLLINS DEVELOPMENT CORPORATION
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.100
.January 16, 1980
Mrs . Marianne Lakosil
Village Clerk
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60521
Dear Marianne:
Enclosed please find checks in the amount of
$10 and $75, respectively, representing filing fees for
the appeal from the Building Inspector and additional
costs and republication of our special use amendment re-
quest .
Sircere,ly,
James N Urhausen
Vice President and
Secretary/Treasurer
COLLINS DEVELOPMENT CORPORATION
JNU/mkb
Enclosures
January 25, 1980
Dear Resident,
The Oak Brook Zoning Board of Appeals and Village Board and Plan
Commission, if necessary, will be considering a:
Zoning Amendment Mc Appeal Variation
at the meetings as scheduled on the reverse side of this notice.
Please refer to this schedule for time, place and dates of meetings. .
The application has been filed by: Collins Development
(Name of Applicant)
303 E. Main St. ,
St. Charles, II: 60174
(Address)
The property in question is situated at: Drake Oaf{ Brodk
€ ( South East co'-ner of Yor7, '?oad and 22nd Street)
The specific action being requested is as follows:
Appeal of the Building Commissioner' s decision that the basement
is to be considered a Story rather than a cellar.
If you desire more detailed information, we would suggest that you .
contact the Inspection Bureau located in Fire Station 1, 1212 Oak
Brook Road, or you may call 654-2220 to review the file
A map of the area has been reproduced on the reverse side to assist
you in determing your relationship to the property in question.
MAILING LIST
( As per application)
j
All meetings- are ld in the Samuel E. Dean and Room of the Oak
Brook Village Cons on Oak Brook Road (31su Street) and Spring
Road, Oak Brook, Illinois.
PLAN COMMISSION MEETING 7: 30 P.M. MONDAY.
ZONING BOARD OF APPEALS 7: 30 P.M. TUESDAY February 5, 1980
MEETING
BOARD OF TRUSTEES MEETING 7:30 P.M. TUESDAY
BOARD OF TRUSTEES MEETING 7:30 P.M. TUESDAY
(ORDINANCE APPROVAL)
------------------------------------------------------------------
MAP OF AREA
• . � � ' t � � t. a ..
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I ,f t
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7 S =
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tiames of Surrounding F,*erty 0-,,.ners t
Follod-ng are the names and addresses of surrounding property oiners from the
property in question for a distance of 250 feet in all directions, and the
number of feet occupied by all public roads, streets, alleys, and public nays
have been excluded in coriputing the 250-foot requirement_ Said names are as
11
recorded in the office of the County Recorder of Deeds (or the Registrar of
Titles of the Coaaty) and as appear from the authentic tax records of this County.
Name Addresses
Village of Oak}3roo?t 1200 Oak Brook Road
Lions International 300 22nd Street
Drake-Oakbrook, Inc. 2Zt . 'York Road
Farre :orth-TIc �oer_e 2122 Yo�fk ?out
Butler National Golf Cleo 2400 Yo_l; Road
Resident; 61,63,65,67,69 Windsor Drive
2 Croydon Lane
1,3,,5,7,9 Dover Drive
I (we) certify that all of the above statements and the statements contained in
any papers or plans submitted herewith ar true to the best of my (our) knowledge
and belief.
C Signature Applicant (D--- a
Signature Applicant (Date)
JNU/mkb
Enclosure
owner, contract purchaser, etc.
OIVNER OF RECORD Drake OakBrook, Inc. TELEPHONE NUMBER 654-2230
_ADDRESS York & Cermak Roads, Oak Brook, Illinois ZIP 60521
BENEFICIARY (IES) OF TRUST:
I�IAME TELEPHONE NUMBER
ADDRESS 'ZIP
ZONING DISTRICT B-4 ZONING ORDINANCE SECTION VIII(•P)
ACTION REQUESTED Applicant is requesting an amendment to Section VIII(F) (2) so as to add an
additional special use and the issuance of same which special use would provide as follows:
"Private, membership only health clubs in office complexes under single ownership or control
{
on sites not less than five acres in size when such facility is designed primarily for use by
tenants of the office complex. Such structures shall not have any visible, external means of
identification or signage and access thereto shall be provided only from the interior of said
offtn comptex.11
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 m7--(our) knowledge and belief.
COLLINS DEV$ OPMENT CORPORATION
By. - -- 12/26/79
(signature) Applicant Date (signature.) App i.cant Date
Special Use Zonirig Amendment Variation
Fee : $150.0 Tee: 30:00 Fee: $150.00
ALL APPLICATIONS MUST BE ACCOMPANIED BY PROPER FEE, PLAT OF SURVEY,. AND (18)
COPIES OF A SCALE DRAWING, SHOWING ALL PERTINENT APPLICABLE INFORMATION,, i.e. -
PROPERTY LINES, EXISTING BUILDINGS, LOCATION OF PROPOSED CONSTRUCTION, ANY
BUILDINGS ON ADJACENT PROPERTY WITHIN 100 FEET OF SUBJECT PROPERTY.
DO NOT WRITE IN THIS SPACE -- FOR OFFICE USE ONLY
,,,,/��s ,d19�1 a� �U 953/ 1So.�
1 . Date Filed: 1 l� 2. Fee a d: eceipt No. qg Amount 15o� Date
3. Board of Trust es Referral / a D
4. Dates set for Hearings: Plad Co fission / Zoning Boara of Appeals
Board of Trustee dBoard of Trustees-_ /yNi
((Approval o _6 inane-;
5 . Publish Notice- Made Newspaper ��a .•
Date ame o wspaper
6 . . Date Adjacent Property Owners Notified
Vi age C er
A Variation is a zoning adjustment which permits minor changes of district require-
ments where individual properties are both harshly and uniquely burdened by the
strict application of the law. The power to vary is restricted and the degree of
Variation is limited to the minimum change necessary to overcome the inequality
inherent in the property.
1. A Variation recognizes that the same district requirements do not affect all
properties equally; 'it was invented to permit minor changes to allow hardship prop-
erties to enjoy equal opportunities with properties similarly zoned. You must
prove that your land is affected by special circumstances or unusual conditions.
These must result in uncommon hardship and unequal treatment under the strict ap-
plication of the Zoning Ordinance. Where hardship conditions extend to other prop-
erties a Variation cannot be granted. The remedy for general hardship is a change
of the map or the text of the Zoning Ordinance.
2. You must prove that the combination of the Zoning Ordinance and the uncommon
conditions of your property prevents you from making any reasonable use of your
land as permitted by your present zoning district. Since zoning regulates land and
not people, the following conditions cannot be considered pertinent to the applica-
tion for a•Variation: (1) Proof that a Variation would increase the financial re-
turn from the land, (2) Personal hardship, (3) Self-imposed hardship. In the last
case, the recognition of conditions created after the enactment of the Zoning Ordi-
nance would encourage and condone violation of the law.
3. No Variation may be granted which would adversely affect surrounding property
or the general neighborhood. All Variations must be in harmony with the intent and
purposes of the Zoning Ordinance.
Names of Surrounding Property Owners
Following are the names and addresses of surrounding property owners from the
property in question fora distance of 250 feet in all directions, and 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.
Name Address
Village of Oak Brook 1200 Oak Brook Road
Lions International 300 E. 22nd Street
Drake OakBrook 22nd York Road
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
654-2220
November 29,1979
MEMO TO: Zoning Board of Appeals
SUBJECT: Drake Oakbrook, Inc.
Zoning Amendment & Height Variation
Attached please find a letter dated November 13, 1979 fram
James N. Urhausen of Collins Development Corporation and a
memo dated November 16, 1979 from Village Attorney Brechin.
Also note the attached copy of the Plan Cmrdssion minuted
of November 19, 1979.
As these docunents explain,the petitioner has withdrawn the
present application and will be refiling amended applications
in the near future.
Respectfully sdmitted,
Ed Glatfelter
Assistant to the Village Manager
EG:jr
VI . Drake-Oak Froom zc. - %onin(T Amendment
Mr. Janes N. Urhausen appeared before the Plan Commission
on behalf of the developer and explained his letter of
November 13, 1979, which spo'•ce of withdrawal of the present .
application and a refiling in the future .
(':'_'era1. 0iscu,F.sio-I . ':? e3?su-cl �olioiri M:'.JJib 7 s; t}i - P .a
Marcy then moved, seconded. by Member O' Brien , to accept
t.h- withdrawal -of this petition.
Voice vote.. . . Motion Carried Unanimously
PLAN .CONILMISSION Minutes 6 November 19, 1979
0nA •
G
F C0�
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
654-2220
November 16 , 1979
MEMO TO: Plan Commission
FROM: John H. Brechin, Village Attorney
SUBJECT: Application of Collins Development Corporation
For An Amendment To The Zoning Ordinance -
Health Club
Attached you will find a copy of a letter dated
November 13, 1979 from Collins Development Corporation to me .
Subsequent to receipt of the letter I have contacted Mr. Urhausen
who advised me that he wishes to withdraw his present petition
and re-file seeking:
1) An amendment to the Zoning Ordinance to
create a special use category for a health
club as outlined in his letter;
2) The issuance of a special use permit ; and
3) If necessary a variation in the structure
height requirement .
Mr. Urhausen additionally informed me that he. would be at the
Plan Commission meeting to further reveal his intentions in re-
gard to the present petition.
Respectfully submitted,
Vo n
4H. rec in
V' lage Attorney
JHB/cak
Encl.
X
r COLLINS DEVELOPMENT CORPORATION 301 F,,t lkn,in •St.Charles, Ill.60174.(312)584-2500
ay�r�
November 13, 1979
Mr. John Brechin
Village Attorney
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60521
Dear John:
This will acknowledge receipt of your letter of
November 7, 1979 advising that our variation and amendment
petition has been continued by the Zoning Board of Appeals
until December 4, 1979.
Pursuant to the request of the Plan Commission. at
their meeting of October 15, 1979 , we have had an opportunity
to review our amendment request as set against the concerns
which they expressed at that meeting. After a review of the
Oak Brook Zoning Ordinance with particular attention to the
type of use we are proposing (i. e. , health club) , we believe
that the concerns of the Plan Commission and the control
which the Village seeks to preserve might best be accomplished
by the creation of a new special use in the B=4 zoning .
district similar to that contained in Section X(D) (2) (d)
relating to health clubs in the ORA-1 zoning district.
Specifically, that section provides for : "Private, member-
ship only health clubs in multi-building office complexes
under single ownership or control on sites not less than ten
acres when such facility is designed primarily for use by
tenants- of the office complex. Such structures shall not
front on any perimiter road and access thereto shall be.
provided only from interior roadways ."
That zoning amendment and special use was added
during my tenure as Village Manager and was designed to
accommodate the request of the then developer/owner of the
Oak Brook International Office Center on Butterfield Road.
We would offer for your consideration the follow-
ing specific language which might form the basis of a new
special use for the B-4 zoning district as follows : "Private,
membership only health clubs in multi-building office com-
plexes under single ownership or control on sites not less
than five acres when such facility is designed primarily for
1 1
Mr. John Brechin
Page 3
November 13 , 1979
I 'm not sure as to the mechanics of this new
approach, but I would assume that we would have to withdraw
our present amendment request or at least modify same and
ask that the new special use classification be created and
then make application for that type of relief concurrently.
I would appreciate any comments you might have on the above
approach.
With respect to the height variation problem, the
more I reflect on it, the more I become confused when I
realize that the health club presently in operation in the
Hyatt. exists in the basement, which under the definition
being applied against the Drake proposal , provides that the
Hyatt is now a nine-story building and makes it -technically
in violation of the ORA- 2 height restrictions which is
limited to eight stories . I recognize that past enforcement
of the zoning ordinance may or may not be considered in
terms of current pending applications , but I thought I might
bring it to your attention. I am also wondering whether the
definition of cellar as contained in the zoning ordinance
would not solve our problem. That definition provides that
a cellar is "a story having more than one-half of its floor
to clear ceiling height below grade. A cellar is not (emphasis
added) included in computing the number of stories or the
purposes of height measurement." As a practical matter, the
basement of the Drake is or will be entirely below grade.
After you have a chance to review the above, please
give me a call and we can determine the next step before the
meeting on Monday, November 19 , - 1979 .
Sincerely,
/James` N. Urhausen
EVice President and
' Secretary/Treasurer
COLLINS DEVELOPMENT CORPORATION
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
November 12 1979 654-2220
Zoning Board of Appeals
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60521
Chairman and Members:
The Plan Commission at its regular meeting of October 15, 1979 considered a
petition by Mr. James Urhausen, of Collins Development Corporation, for a
Zoning Amendment that would allow approximately 14,000 square feet of floor
area for the single use as a "Health Club".
The Plan Commission made a motion to continue this item to the next regularly
scheduled Plan Commission Meeting.
This was made on a motion by Member O'Brien, seconded by Member Reece, and
passed on a vote of seven (7) Ayes (Members Bushy, Marcy, Noyes, O'Brien,
Ramon, and Chairman Lavery) ; zero (0) Nayes.
Respectfully submitted,
John R. Lavery
Chairman
Plan Commission
DLD:JRL:dmw
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NOUN
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
November 1, 1979 654-2220
Zoning Board of Appeals
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60521
Chairman and Members:
The Plan. Commission at 'its regular meeting of October 15, 1979 considered a
petition by Mr. James Urhausen, of Collins Development Corporation, for a
Zoning Amendment that would allow approximately 14,000 square feet of floor
area for the single use as a "Health Club".
The Plan Commission made a motion to continue this item to the next regularly
scheduled Plan Commission Meeting.
This was made on a motion by Member O'Brien, seconded by Member Reece, and
passed on a vote of seven (7) Ayes (Members Bushy, Marcy, Noyes, O'Brien,
Ramm, and Chairman Lavery) ; zero (Q) Nayes.
Respectfully submitted,
John R. Lavery
Chairman
Plan Commission
DLD:JRL:dw,tw
303 East Main•St.Charles, iii.60174•f312)584-2500
COLLINS DEVELOPMENT CORPORATION
October 29, 1979
Village Attorney John Brechin
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60521
Dear John:
In view of action taken by the Oak Brook Plan
Commission on October 15, 1979 respecting our amendment
request for the health club, I believe it will be prudent to
request a continuance of our variation request set to be
heard before the Zoning Board of Appeals on November 6,
1979.
Although the Zoning Board would technically be in
a position to hear the variation request, there will be no
recommendation from the Plan Commission at that meeting so
they won' t be able to act on the amendment. Inasmuch as the
two are irrevocably tied together, I believe that the con-
sideration by the Zoning Board when it occurs should be on
the basis of a recommendation from the Plan Commission on
the amendment request.
As requested, I am working up some alternate
language for your review which might reflect the concerns of
the Plan Commission as expressed at the October 15 meeting
and enable them to act favorably upon our request.
I appreciate your cooperation and if I can provide
further information or comment, plea-` advise.
Respectfully,
James N. Urhausen
Vice President and
Secretary/Treasurer
COLLINS DEVELOPMENT CORPORATION
JNU/mkb
•
LEGAL NOTICE _
V EOFOAKBROOK`'�
DU P�AVffXND COOK COUNTIES,ILLINOIS -
NOTICC OF PUBLIC
NOTICE IS HEREBY GIVEN that aNpublic hearing.� - PUBLISHER'S CERTIFICATE
before the Zoning.Board of Appeals of the Village of Oak,..
Brook,DuPage and Cook Counties,.Illinois,will be held on
November 6,1979 at 7:30 P.M.in the Oak Brook Village.;:".-
Hall,ng the application of Collins.Development Corpora-4 Oak Brook Road,mins the purpose of con-
stdering- THIS IS TO CERTIFY That the notice, a true copy of which is attached to this
De �,-�
tion for a variation and amendment as provided under Sec-J;,,`•" Certificate, %%as published in T11E OAK BROOK DOINGS once each week for
tion XI11(G)and I of the Zoning Ordinance of the Village 06
Oak Brook,Illinois,Ordinance G-60,as amended. -
Relief from the following Sections of the Zoning Or
dinance Is requested: (1) An amendment to section •..............................On@______-__------------------------------ weeks successively; that the date
VIII(F)(1)(c)(2) to permit a personatservice use to oc
cupy 14,000 square feet of area instead of the present max i 18th
[mum 2000 square feet;and-(2)a variation from Section
VIII(F)(7)toallowastructureheightofsixstoriesInstead- of the first publication was the..............................................................day of
of the maximum five stories.The property may be general-
ly described as the corner of 22nd Street and York. e'
Road,Oak Brook,Illinois,andthe legal description is as
follows:Lori?and 2 in theDrake OakBrook,Inc.Assess ---O.CtOPPIZ A.D., 19-.7%-, and that the date of the last publication was
h �,,;�.
ment Plat of part of the NE quarter of Section 25,Township
39 North,Range 11,East of the Third Principal Meridian'
according to the plat thereof recorded February 23,1962 as the................... .-day of_____..___,_ ________A.D., 19
Document No.R62.5095,in DuPage County,Illinois. - ` "-""""----'-'"' ' ------------"---- -'" .......
Permanent Parcel Numbers:.06.25-200-f108 AND IT IS FURTHER CERTIFIED That THE OAK BROOK DOINGS is a
06 2s 2ao-oo6 - secular newspaper of general circulation, published weekly in the Village
All persons desiring to be heard in support of or in opposi
tion to the proposed amendment and variation or any pro-
of Hinsdale, County of DuPage, State of Illinois, and c�.rculated generally -
vision thereof,will be afforded an opportunity to do,so and
may submit their statements orally or in writing or both. 1R the Villages of Hinsdale, Clarendon Hills, Oak Brook, Willowbrook, Burr
The hearing may be recessed to another date If notice of Ridge, adjacent unincorporated and incorporated areas, and in DuPage and
time and place thereof is publicly announced at the hearing
or is given by newspaper publication not fess than five(5) Cook Counties, Illinois, and in other areas; that said THE OAK BROOK
days prior to the.date of the recessed hearing.._ - DOINGS is a "newspaper" as defined by the Illinois Statutes made and pro-
MarianneLakosil
Village Clerk vided for such situations, to wit; by Section 5 of "An Act to revise the law Published at the direction of the Corporate Authorities and in relation to notices", 1874, Feb. 13, R.S. 1874, p. 723, § 5, as amended 1959,
the Zoning Board of Appeals of the Village of Oak Brook, Jul 17 Laws 1959, p. 1494, §.1; and is also a "newspaper" as defined b
DuPage and Cook Counties,Illinois. - Y + Y
Published in the Oak Brook Doings October 19,1979:: Section 1 of "An Act concerning the publication of legal notices", 1909, June
8, Laws 1909, p. 288, § 1, as amended 1927, June 29, Laws 1927, p. 603, §1, and
as further amended 1945, April 12, Laws 1945, p. 1089, § 1, and as further
amended in 1957, July 9, Laws 1957, p. 2270, § 1, and as further amended
1959, July 17, Laws 1959, p. 1496, § 1; and that said THE OAK BROOK DOINGS
has been continuously published at regular intervals of at least once each
week with a minimum of 50 issues per year for over one year prior to the
first publication of the attached notice.
IN WITNESS WHEREOF, one of the co-publishers of said THE
OAK BROOK DOINGS has affixed his hand and seal tris
.......19.th--..........day of-----Octobor---- -- A.D. 19_79_
Publishers Charge----24-t95.........
....... ......... ----- .............
'-publisher -'VT_tnI
V. Drake Oak Brook,&c. - Zoning Amendment
•
Mr. James Urhausen , of Collins Development Corporation, gave a
presentation describing the proposed Zoning Amendment.
Member Ramm raised a question regarding the proposed racquet'
ball courts , with Mr. Urhausen responding.
Member Marcy asked whether this would entail any foundation re-
visions , with Mr . Urhausen responding that it would not .
General discussion was then held by Members of the Plan Commission
and Mr. Urhausen, including the alternative of a variation as op-
posed to a text amendment, and any specific language that would
be needed for same .
-Chairman Lavery then asked if there was anyone in the audience
who would like to speak to this proposal .
Mr. Richard F. Gallagher, President of the York Woods Community
Association, presented several points , including the residential
character of the surrounding area, and recommended the Plan Commission
to uphold the five story limitation on the Drake Office Buildings .
He also requested that the Plan Commission deny the petitioners
request for a zoning amendment and the use of a Health Club.
Dr. Stack, of York Woods , . also stated several negative comments
toward this proposal.
Chairman Lavery then allowed Mr. Urhausen a short rebuttal to these
charges .
Member O' Brien then moved, seconded by Member Reece,- to continue
this item to the next regularly scheduled Plan Commission Meeting.
Trustees Rush and Keynolds discussed several points between a
text amendment aa' a variation.
On an doll Call Ayes (7)
(Members Bushy , Marcy, Noyes , O' Brien,
Ramm, Reece , and Chairman. Lavery)
Nayes (0)
MOTION CARRIED. . .
PLAN COMMISSION Minutes 4 _ October is , 1979 -
October 10, 1979
Dear Resident,
The Oak Brook Zoning Board of Appeals and Village Board and Plan
Commission, if necessary, will be considering a:
XX Zoning Amendment Special Use XX Variation
at the meetings as scheduled on the reverse side of this notice.
Please..refer to this schedule for time, place and dates of meetings.
The application has been filed by: Collins Development Co. for
(Name of Applicant)
Drake Oak Brook IJotel
2301 Fork Road
(Address)
The property in question is situated at: 2301 York 'Road
(S.E. corner of 22nd Street and York Road)
The specific action being requested is as follows:
1) Amendment to Zoning Ordinance that would allm-i approx 14,000 sq.-ft.
of floor area for the single use as a "health club".
2) f health club is ailo:•aed in the Basement Area, the Basement is
to be counted as a Story, where only 5 stories are permitted.
If you desire more detailed information, we would suggest that you .
contact the Inspection Bureau located in Fire Station 1, 1212 Oak
Brook Road, or you may call 654-2220 to review the file .
A map of the area has been reproduced on the reverse side to assist
you in determing your relationship to the property in question.
MAILING LIST
(As per application)
Absent: Trustee Brown
So ordered
B. Drake Oakbrook, Inc. - Zoning Amendment $ Height Variation (221.1, & 2215 York Road)
Referred to Plan Commission Meeting of October 15, 1979, and Zoning Board of
Appeals Meeting of November 6, 1979.
C. Oak Brook International Venture - brivewa Width Variation (2707 $ 2803
Butterfield Roa
Referred to Zoning Board. of Appeals Meeting of November 6, 1979.
D. John J. Kelly - (3515 York Road) - Side Yard Variation
Referred to Zoning Board of Appeals Meeting of November 6, 1979..
E. Merry Lane Subdivision - Special Use Flood Plain - (825 $ 901 Merry Lane)
Referred to Plan Commission Meeting of October 15, 1979 and Zoning Board of
Appeals Meeting of November 6, 1979.
F. Lots of Record - Zonino Amendment
Referred to Plan Connission Meeting of October 15, 1979, and Zoning Board of
Appeals Meeting of November 6, 1979.
q. Adj oumment Time - 7:55 P.M.
Trustee Congreve moved - seconded by Trustee Marquardt.
To adjourn this meeting.
Voice vote: all in favor So ordered
Respectfully submitted,
Marianne Lakosil, Village Clerk
Approved
VILLAGE OF OAK BROOK MINUTES - 4 - October 9, 1979
PROPERTY INTEREST OF APPLICANT for Drake OakBrook Inc.
owner, contract purchaser, etc.
OWNER OF RECORD Drake OakBrook, Inc. TELEPHONE NUMBER 654-2230
ADDRESS York Cermak Roads, Oak Brook, Illinois ZIP 60521
BENEFICIARY (IES) OF TRUST: -
NAME N/A TELEPHONE NUMBER
ADDRESS ZIP
ZONING DISTRICT B-4 ZONING ORDINANCE SECTION VIII(F)
ACTION REQUESTED Amendment to Section VIII F) (1) (2) so as to permit special service use
(health club) which will occupy approximately 14,000 square feet of floor area as a single
establishment and Section VIII(F) (7) (Height) so as to allow a building six stories in height
instead of five as permitted in the aforementioned Section. (The actual building tinder con-
struction will not change in height, but because of technical interpretations of the defini-
tion .of basement and how a space can be used, i.e. , health club, the variation request is
neues!;al Y.
I (we) certify that all of the above statements arld-the statements contained in any papers or
plans submitted herewith are true to the best of my (our) knowledge and belief.
(signature) Applicant - Date ( signature pp iFa t ate.
. I
Special Use X Zoning Amendment X Variation
Fee: $ Fee: Fee: $15UM.
ALL APPLICATIONS MUST BE ACCOMPANIED BY PROPER FEE, PLAT. OF SURVEY, AND (18)
COPIES OF A SCALE DRAWING, SHOWING ALL PERTINENT APPLICABLE INFORMATION, i.e. -
PROPERTY LINES , EXISTING BUILDINGS, LOCATION OF PROPOSED CONSTRUCTION, ANY
BUILDINGS ON ADJACENT PROPERTY WITHIN 100 FEET OF SUBJECT PROPERTY.
DO NOT WRITE• IN THIS SPACE -- FOR OFFICE USE ONLY
0
1. Date Filed: /z 2. Fee Paid: Receipt No. Amount ( �0`- Date9 17
3. Board of Trus ee -ferral f -
4. Dates set for Hearings: Plan •Commissi.on la ,rZoning oar o ppea s 11-6
Board of Trustees" of Trustees //-.;?7-
(Approval ot Ordinance)
5 . Publish Notice Made /e-/8- 79 Newspaper \ - v-�-
—T a e' —( eN'wspaper)
6. Date Adjacent Property Owners Notified t0 /O / •7 cl
CrA 'A�---
illage Cier
Vj L1LV Y 111Ca.Y+V
F ,y -2500
COLLINS DEVELOPMENT CORPORATION 303 East Main•St.Charles, W.60174•l312i 534
September . 17 , 1979
Mr. John H. Brechin
Village Attorney
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60521
Dear John:
Pursuant to our recent discussions , we respectfully
submit herewith revised Village of Oak Brook amendment and
variation .form regarding the health club application for the
Drake OakBrook.
The application has been amended to provide that
we 're now seeking both an amendment and a variation to allow
the construction of a health club .
Our check for $150 is enclosed, inasmuch as we 've
previously submitted the check for $150 for the zoning amend-
ment.
Please advise as to the scheduling on this revised
and amended application.
Thanks again for all your cooperation and perhaps
we can bring some sanity out of all this confusion at this
point in time.
Sincere-1-y,
James N. Urhausen
Vice President and
Secretary/Treasurer
�OLLINS DEVELOPMENT CORPORATION
JNUI:,-kb
Enc=osures
COLLINS DEVELOPMENT CORPORATION 303 East Main•SL Charles, Ill.60174•(312)534-2500
September . 17 , 1979
Mr. John H. Brechin
Village Attorney
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60521
Dear John:
Pursuant to our recent discussions , we respectfully
submit herewith revised Village of Oak Brook amendment and
variation .form regarding the health club application for the
Drake OakBrook.
The application has been amended to provide that
we 're now seeking both an amendment and a variation to allow
the construction of a health club .
Our check for $150 is enclosed, inasmuch as we 've
previously submitted the check for $150 for the zoning amend-
ment.
Please advise as to the scheduling on this revised
and amended application.
Thanks again for all your cooperation and perhaps
we can bring some sanity out of all this confusion at this
point in time. --
r" .
Sincerely,
James N. Urhausen
Vice President and
Secretary/Treasurer
COLLINS DEVELOPMENT CORPORATION
JNU,`..kb
Enclosures
COLLINS DEVELOPMENT CORPORATION 303 East Main•St.chanes, 111.60174•(312)584-2500
R.
September 14, 1979
Mr. John H. Brechin
Acting Secretary
Zoning Board of Appeals
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60521
Dear John:
This will formally acknowledge receipt of your
letter under date of September 6, 1979 regarding the peti-
tion of Collins Development Corporation to amend Section
VIII (F) (1) (c) (2) of the Oak Brook Zoning Ordinance.
We recognize and appreciate the courtesy which
has been extended to us in postponing consideration of our
amendment request over the past several months .
However, it appears that because of certain
zoning ordinance interpretations which were made in the
review of the building plans for the office buildings which
are presently under construction at the Drake, additional
relief is required in order to allow the construction of
the health club. A close reading of the zoning ordinance
provides that in the event that a basement area, in which
the health club is proposed to be located, is used for any
other purpose except storage, it must be counted as a story
in the computation of the building height. If this inter-
pretation is correct, . then the five-story building becomes
technically a six-story, building, although the elevations
of the outside obviously don' t change.
This determination on height, as you know, was
made very recently by the Village staff and, thus, at this
time, we would like to withdraw our original petition for
zoning amendment and refile same along with the additional
height variation request for consideration by the Plan Com-
mission, Zoning Board and Village Board.
Under separate cover, we will file the appropriate
variation and special amendment forms when same are received
by the Village.
Mr . John H. Brechin
Page 2
September 14,. 1979
Again, we appreciate your cooperation, and if we
can provide further information or comment, please advise .
;Respe tfIly,
1 /Z
James 'N. Urhausen
Vice :President and
;Secretary/Treasury
COLLINS DEVELOPMENT CORPORATION
JNU/mkb
v� •�G
v
G p
cOUN `
VILLAGE OF OAK BR-001K
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
September 6, 1979 654-2220
Mr. James Urhausen
Collins Development Corporation
303 East Main Street
St. Charles , Illinois 60174
Re: Petition of Collins Development Corp
Zoning Amendment to Section VIII (F)
(1) (c) -(2) of the Oak Brook Zoning
Ordinance
Dear Mr . Urhausen:
This is to advise you that the Zoning Board of Appeals
of the Village of Oak Brook, at its regular meeting of Sept. 4, 1979
continued the above encaptioned matter to its next regular meeting
scheduled for Oct . 2, 1979 . Pursuant to the Rules of Procedure
adopted by the Zoing Board of Appeals , your petition may be dis-
missed for want of prosecution at that meeting if you do not pro-
ceed on the petition or request in writing and be granted a further
continuance . Please advise at your earliest convenience as to
your intentions in regard to proceeding on the petition at the next
regular meeting of the Zoning Board of Appeals .
Sincerely,
Join H. Bre in
Acting Secretary
Zoning Board of Appeals
JHB/cak
IV. Collins Development Corp . (Drake-Oakbrook, Inc . ) -Zoning Amendment
Chairman Lavery noted that the applicant had submitted a letter
dated August 17 , 1979 from James Urhausen requesting that this
matter be rescheduled for the September Meeting of the Plan
Commission.
Member Bushy then moved, seconded by Member Marcy, that this
item be continued to the next regularly scheduled Plan Commission
Meeting.
Voice vote . . . . MOTION CARRIED UNANIMOUSLY. .
PLAN COMMISSION Minutes - 3 - August 20, 1979
h,
,h COLLINS DEVELOPMENT CORPORATION 303 East Main•St.Charles, Ill.60174•(3 i2)584-2500
August 17, 1979
Ms. Mary Ann Lakosil
Village Clerk
Oak Brook Building Department
1200 Oak Brook Road
Oak Brook, Illinois 60521
Dear Ms. Lakosil :
Please accept this formal request to remove our petition
for the Health Club from your agenda for Monday's meeting.
We request that this be tabled until your meetings in
September to give us time to continue our planning for
the Health Club.
Sincerely,
James Urhausen
JH/crt
LEGALNOTICE
VILLAGE OFOAKBROOK i
,0----DU PAGE AND COOKPUBLIC HEARING PUBLISHER'S
( PUBLISHER'S CERTIFICATE
NOTICE OF PUBLIC HEARING
NOTICE-IS HEREBY GIVEN that a public hearing _
before the Zoning Board of Appeals Of the Village of Oak.
Brook,DuPage and Cook Counties,.Illinois,will be held on
1200 Oak Brook Road,ust 7,1979 at 7.30 Ill Illinois,for the purpose of consider , a true co of which is attached to this
Ing the application of Collins Development Corporation for THIS IS TO CERTIFY That the notice
a zoning amendment as provided under Section XIII(1)of ;ertifieate, «as published in THE OAK BRr_'O copy
once each week for
the Zoning Ordinance of the Village of,0ak Brook,Illinois,
Ordinance G-60,as amended: - 031
An amendment tothefollowing Sections of the Zoning Or weeks successively; that the date
dinance is requested: An amendment to Section Vilf ....... -_
(F)(1)(c)(2)to permit a personal service use to occupy
14,000 square feet of floor area instead of the present max-
,imum 2000 square feet of floor area:The property may bA of the first publication was the...............19th......................................d Y
of
.generally described as the Southeast corner of York Road and 22nd Street,Oak Brook,Illinois,and the legal descrip-
.tion is as follows; Jul-
PARCEL 1 Y A.D. 19.-...---, and that the date of the last publication was
Part of the Northeast quarter M Section 23,Township
39 North,Range 11 East of the Third Principal Mori-
dian,described as follows:
Beginning at the Northwest corner of the Northeast the..........................................day Of--------------------------------------A.D., 19..........
quarter of said Section 25,also being the intersection at
the center !nos of York Road and 22nd Street(Cermak. AND IT IS FURTHER CERTIFIED That THE OAK BROOK DOINGS is a
I
Road); secular newspaper of general circulation, published weekly in the Village
thenceSouth 00 degrees,° qatseconds
the West line Nminutes, ud of Hinsdale, County of DuPage, State of Illinois, and circulated generally
d s since 5,25, 1lso being4 feethe center line of York Road,a in the Villages of Hinsdale, Clarendon Hills, Oak Brook, Willowbrook, Burr
thence South 90 degrees,00 minutes,00 seconds East- Ridge, adjacent unincorporated and incorporated areas, and in DuPage and
a distance of 198.43 feet;
thence North 45 degrees,00 minutes,0o seconds East Cook Counties, Illinois, and in other areas; that said THE OAK BROOK
a distance of 80.00 feet;
thence South 45 degrees,00 minutes,oo seconds East . DOINGS is a "newspaper„ as defined by the Illinois Statutes made and pro
a thence North 60 degrees,30 minutes,oo seconds East vWed for such situatsthnce of 22.80 feet; ions, to wit; by Section 5 of "An Act to revise the law
s distance of 540.00 feet; seconds East lil relation to notices" 1874, Feb. 13, R.S. 1874, p. 723, §5, as amended 1959,
thence a distance North
ft 145.5degrees,
feet to a point on,the North line of Laws 1959, P. 1494, §.1; and is also a "newspaper" as defined by
- the Northeast quarter of said Section 2S,also being Vie July 17, "
center line of 22nd Street(Cermak Road); Section 1 of An Act concerning the publication of legal notices", 1909, June
thence South 89 degrees,N minutes,42 seconds West- 8, Laws 1909, P. 288, § 1, as amended 1927, June 29, Laws 1927, p. 603, §1, and
along the North line of the Northeast quarter of said
Section 25,a distance of 741.12 feet to the place of begin- - as further amended 1945, April 12, Laws 1945, P. 1089, §1, and as further
niexcepting that Portion deeded to the Northern Illinois amended in 1957, July 9, Laws 1957, P. 2270, § 1, and as further amended
Gas Company,being more fully described as follows: 1959 July 17 Laws 1959, P. 1496, § 1; and that said THE OAK BROOK DOINGS
+
Commencing at the Northwest corner of the Nor- +
theast quarter of Section 25;thence South 00 degrees,00 minutes,00 seconds East has been continuously published at regular intervals of at least once each
along the West line of the Northeast quarter of section week with a minimum of 50 issues per year for over one year prior to the
25,a distance of 75.00 feet to a poidt for a place of begin-
nng;, first publication of the attached notice.
endegrees, eurcaEasrparallel wie North th and 75 feet South (measedt
right angles)of the North line of Section 25,a distance IN WITNESS WHEREOF, one of the co-publishers of said THE
of 741.12 feet to a pont;. OAK BROOK DOINGS has affixed his hand and seal tt is
thence South 00 degrees,00 minutes,00 seconds West
a distance of 7S.00 feet to a point;
thence South 89 degrees,44 minutes,42 seconds West
along a line parallel with the North line of said Section J y_-•_-•--.-..... A.D. 19--79...
25.and 150 feet South thereof (measured at right ............20th.......day of.....-ul
angles)a distance of 741.12 feet to a point on the West
line of the Northeast quarter of Section 25; 53•2�
thence North 00 degrees,06 minutes,00 seconds west publishers Charge......._ -...........
a distance of 75.00 feet to the place of beginning; -
PARCEL2
Commencing at the Northwest corner of the Nor-
theast quarter of Section 25;
thence South 00 degrees,00 minutes,00 seconds East
along the West I ine of the Northeast quarter of Section - •-•••- ---••-•-••--- Y„
25,a distance Of 7S.Wfeet to point for a place of begin-
ning; *s publisher
thence North 89 degrees, 44 minutes, 42 seconds
East, parallel with and 75 feet South (measured at
right angles)of the North line of Section 25,a distance
of 741.12 feet to a point;
thence South 00 degrees,00 minutes,00 seconds West
a distance of 75.00 feet to a point;
thence South 89 degrees,44 minutes,42 seconds West
along a line parallel with the North line of said Section
25 and 150 feet South thereof (measured at right
angles)a distance of 741.12 feet to a point on the West
line of the Northeast quarter of section 25;
thence North 00 degrees,00 minutes,00 seconds West
it distance of 75.00 feet to the Place of Beginning in
DuPage County,Illinois. -
All persons desiring lobe heard in support of Orin opposi-
tion to the proposed amendment or any provision thereof,
will be afforded an opportunity to do so and may submit
their statements orally or in writing or both.The hearing
may be recessed to another date if notice of time and place
thereof is publicly announced at the hearing or is given by
Oewspaper publication not less than five(5)days prior to
the date of the recessed hearing. I -
Marianne Lakosil
Village Clerk
Published at the direction of the Corporate Authorities and
the Zoning Board of Appeals of the Village of Oak Brook,
DuPage and Cook Counties,Illinois.
Published in the Oak Brook Doings July 19,1979.
will be held on August 7, 1979 at 7: 30 P.M. in the Oak Brook
Village Hall, 1200 Oak Brook Road, Illinois, for the purpose of consider-,
ing the application of Collins Development Corporation . for
a zoning amendment as provided under Section XIII (I)
of the Zoning Ordinance of the Village of Oak Brook, Illinois, Ordinance
G-60, .-.as amended,
An amendment to the following Sections of the Zoning Ordinance is
requested:- An amendment to Section VIII (F) (1)(c)(2) to permit a personal service
use to occupy 14,000 square feet of floor .area instead of the present maximm2000
square feet of floor area.
the Southeast corner of
. The property may be generally described as York and 22nd Street Oak
Brook, Illinois, and the legal description is as follows:
(See attached legal description)
All persons desiring to be heard in support of or in opposition to the
proposed amendment or any provision thereof, will 'ue af-
forded an opportunity to do so and may submit their statements orally
or in writing or both. The hearing may be recessed to another date if
notice of .time and place thereof is publicly announced at the hearing
,or:'' s:.r_:given. by. newspaper -publication -.not .less than five - (S)--"days 'prior
to the date of the recessed hearing.
Marianne Lakosil,
Village Clerk
Published at the direction of the Corporate Authorities and 'the Zoning
Board of Appeals of the Village of Oak Brook; DuPage : and Cook Counties ,
Illinois .
Published in the Oak Brook DOINGS .
IV. Collins Development Corporation (Drake Oak Brook, Inc.` )
Zoning Amendment
Chairman Lavery noted that the applicant had submitted a letter
dated July 6, 1979 from James N. Urhausen requesting that this
matter be rescheduled for the August meeting of the Plan Commission.
Member Bushy - then moved that this item be continued to the next
regularly scheduled Plan Commission meeting. .
. The motion was seconded by Member Noyes .
Voice Vote . . .. . . MOTION CARRIED UNAAIAIOUSLY. .
PLAN COMIlIISSION Minutes -2- July 16, 1979
L1.11y 1Ji VV1GIl1•
Ginger Creek residents requested traffic signalization at Midwest Road.
J. Official Airline Guides, Inc. - Final Plat of Subdivision - 2000 Cleanrater Drive
Refer to Plan Commission Meeting July 16, 1979.
Collins Development Corporation (Drake-Oakbrook Inc.) - Zoning Amendment
1 York Road
Refer to Plan Commission Meeting July 16, 1979 and Zoning Board of Appeals
Meeting August 7, 1979.
ADJOURNMENT Time - 9:15 p.m.
Trustee Brown moved - seconded by Trustee Rush. ..
To adjourn this meeting.
Voice vote: all in favor So ordered
Respectfully submitted,
Marianne si.l, i.11 ge Clerk
pproved as co cued
VILLAGE OF OAK BROOK MINUTES - 6 .- June 26, 1979
VILLNUE 01; OAK BROOK
1200 Oak Brook Road
654-2220
SCfIEDUTLE, AID RECEIPT FOR PUBLIC f-IC.ARING
Dame of Applicant
X�
Received by Q„,_ ,, �.. _ c.�-�_1_�- Date
� Vzllage Clerk)
Received C15 31 0,,W ell eAo�MAEVA r � r s 1-7 9 � 15Od�
(Check- No. �t�ame�� �'— Date QAmount
Applicant should be present at meetings checked:
Board of Trustees Meeting 7:30 P.M. Tuesday ( ),617-7-
Publication
6 7 qPublication Date - DOINGS NWRAPER Thursday
Plan Co:mnission Meeting 7:30 PX Monday '7/1 6 /?9
ZoningBoard of Appeals Meeting 7:30 P.M. Tuesday
- Board of Trustees Meeting 7:30 P.M. Tuesday 81141-R
Board of Trustees Meeting 7:30 P.M. Tuesdayg�Z81?q
. All meetings are held in the Samuel E. Dean Board Room of the Oak Brook Village Commons,
7.200 Oak Brook Road (31st Street).
PRIOR TO SCHEDULED MEETING, APPLICANT IS TO REQUEST STATUS OF APPLICATION, ALLO:,ZNG FOR
SUFFICIENT TIME TO SUBMIT ANY ADDITIOMU RRTER1:AL.
(date) (name of Unewspaper
Date Adjacent Property Owners Notified
Fee Paid: Receipt No. IV Amount /_,5t). Date
Comments: (indicate other actions such as continuances)
APPLICANT TO COMPLETE
fes)
Action Requested Amendment to SectionVIII(F) (1 �(2) so as to permit
personal service use (health club) which will occupy approximately 14,000 square feet
of floor area as a single establishment. '
ON THE PROPERTY DESCRIBED BELOW: 1 p Fier, � Pdre El X10.0 6-7-5-zoo-00r
_, 22zs yrk Rood
Address -Southeast corner of 22nd Street and York Road
Present Use Con-,rnQr t yoke
�fcommercial, industrial, residential, agricultural, etc.
Zoning District -B-4 Hotel-Office Zoning Ordinance Section yIII (F)
NAME OF APPLICANT Collins Development Corporation"TELEPHONE NUMBER 584-2500
ADDRESS:. 303 E. Main Street CITY St. Charles STATE Illinois ZIP 60174
PROPERTY INTEREST OF APPLICANT:
Development/Leasing Consultant and Agent for Drake Oakbrook, Inc.
owner, contract purchaser, etc.
OTMR OF RECORD Drake - Oakbrook, Inc. TELEPHONE NUMBER 654-2230
ADDRESS: (Park & Cermak Rds) CITY Oak Brook STATE Illinois ZIP 60521
BENEFICIARY(IES) OF TRUST:
NAME: N/A TELEPHONE NUMBER
ADDRESS: CITY STATE ZIP
'FILING SCHEDULE
VARIATION: MUST BE RECEIVED PRIOR TO THE FIRST OF THE MONTH FOR PUBLIC
HEARING ON THE FIRST TUESDAY OF THE FOLLOWING MONTH.
AME.NRAEW OR
SPECIAL USE: MUST' BE'RECEIVED PRIOR TO THE 15th OF THE MONTH FOR PLAN
MMISSION HEARING ON THE THIRD MONDAY OF THE FOLLOWING
MINTH, WITH ZONING BOARD PUBLIC HEARING TO FOLLOW.
ZONING ANENEMEVTf-7 SPECIAL USE f--7VARIATION
Fee: 150.00 r Fee: 150.00eF e:X150.00
ALL APPLICATION A]UST' BE ACCa1PANIED BY PROPER FEE, PLAT OF SURVEY, AND (18) COPIES
OF A SCALE DRAWING, SHOVING ALL PERTINANIT APPLJJOAB� INFOMMA ION, i.e. - PROPERTY
LINES, EXISTING BUILDINGS, LOCATION OF PROPOSF�D CONTSRUCTION, ANBUILDINGS ON
ADJACENT PROPERTY I';ITHIN 100 FEET OF SUBJECT PROPE
To Be Filed With Village Clerk
/�(Sj gnature of Applicant)
Farns<•:orth-Mc Koene 2122 York Road
Butler z,74ational Golf Club 2400 Yorl; Road
Resident: 61,63,65,67,69 Windsor Drive
2 Croydon Lane
1,3,x,7,9 Dover Drive
I (we)' certify that all of the above statements and the statements contained in
any papers or plans submitted herewith ar true to the best of my (our) lmowledge
and belief.
C,
Signature Appli. t (Da�e)
Signature Applicant (Date)
NOTICE TO APPLICANTS
A Variation is a zoning adjustment which permits minor changes of district require-
ments where individual Droperties are both harshly and uniquely burdened by the
strict application of the law. The power to vary is restricted and the.degree of
Variation is limited to the ninimum. change necessary to overcome the inequality
inherent in the property.
1. A Variation recognizes that the same district requirements do not affect all
properties equally; it :tias invented to permit minor changes to allow hardship -
propert?ets to enjoy eoual opportunities with properties similarly zoned. You
rust p_ _hat you,: Ian is affected by special circumstances or unusual con-
dition.s. ,ese dust result in uncommon hardship and unequal treatment user the
strict =7=cation of the Zoning Ordinance. Where hardship conditions extend to
otherp. .lies a Variation cannot be granted. The remedy for general hardship
is a ch-=--a of the nap or the text of the Zoning Ordinance.
2. You =:s= prove that the combination of the Zoning Ordinance and the uncommon
Condit:__-_ of your property prevents you from making any reasonable use of your
land as e tted by your present zoning district. Since zoning ren dates land
and no:. -aople, the follaiing, conditions cannot be considered pertinent to the
applicatien. for a Variation: (1) Proof that a Variation would increase the finan-
cial retzri from the land, (2) Personal hardship, (3) Self-imposed hardship. In
the last case, the recognition of conditions created after the enacimeat, of the
Zoning Ordinance would encourage and condone violation of the 1 �.
3. No Variation may be granted which could adversely affect �ek�roonS�ng`prtsper,t}-
or the general neiohborhocd. All Variations must be in hai-rr�>ny With the igtent'
and purposes of the Zoning Ordinance. OCT
�'1L?. L.
7 J COLLINS DEVELOPMENT CORPORATION 303 East Main•St.Charles, lil.6017- •(312)534-2300
S
June 153, 1979
Mrs . Marianne Lakosil
Village Clerk
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60521
Dear Mrs. Lakosil :
Collins Development Corporation, with corporate
offices in St . Charles , Illinois , has previously been retained
by Drake Oakbrook, Inc. as their development consultant and
leasing agent.
During the past six months , we have been actively
directing the preparation of building plans and specifications
providing for the construction of two five-story office build-
ings- to be. located on the- northwest corner of the Drake prop-
erty bounded by 22nd Street on the north and York Road on the
west. The proposed office construction represents the first .
phase of a two-phase project that will ultimately include an
additional 80 to 100 hotel rooms which will be added to the
existing hotel facility. From the initial design stages, the
architect and other parties involved have consistently tried
to develop a unifLirg feel for the total site with the office
buildings benefitting from the close proximity to the support
hotel facility and vice versa.
Because of the size of the office. buildings, a sub-
stantial amount of unused_h_asement space will have to be con-
structed . After substantial discussion, the Drake has indicated
their desire to construct and utilize some of the unused base-
ment space for the purposes of constructing a 14,000 square
foot rea.lth club facility which can provide additional recrea
tional opportunities to hotel patrons and offer a similar
acce__ory and ancillary opportunity to the executive tenants
in the office buildings . Section VIII (F) lists the proposed
t,P�= ri••� ..use__.as_. a..�srma tt�d.__a,cces�ay
use, although no soe-
cific definition of "per sonal_ sery cell is included in. the zoning
ord=__nce.
EVELOPMENT CORPORATION 303 E,;, Ma,n •S!. Cha,es, 111:6017- •1312)52e 2500
COLLINS D
July 6 , 1979
Mrs . Marianne Lakosil
Village Clerk
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60521
Dear Marianne
Because of the predictable vagaries in summer
scheduling, we would respectfully request that the Plan
Commission meeting regarding our amendment request involving
the Drake Oakbrook Health Club be rescheduled for the
August meeting of the Plan Commission, thus, moving the
Zoning Board and Board of Trustees meetings into September .
We hope that this rescheduling will not incon-
venience anyone, and if we can provide further information
or comment, please advise .
Respectfully,
James N. Urhausen
Vice President and
Secretary/Treasurer
.COLLINS DEVELOPMENT CORPORATION
JNU/mkb
DRAKE • OAKBROOK
HOTEL - OFFICE EXPANSION
SHAW AND ASSOCIATES INC.
O O
Fi� TT
T_... .......
0 Kl=
: 0010
--- - -------- -- - z
, I
p � '
r
— .re
YORK ROAD
a ,AA.n K, SITE PLAN
\1
DRAKE-OAKBROOK
SHAWAND ASSOCIATES
ARCHITECTS PLANNERS
i
- -----------
LOWER LEVEL PLAN
DRAKE-OAKBROOK
SHAW AND ASSOCIATES
ARCH'EC'S PLANNERS -
R
Io ol 1CIL
o a
.ee
... ; _ V
— moi'' ee�am
. I --
i
--- - --- --- - - - - - - _ YORK ROAD
Q ✓ PARKINS SITE PLAN A
DRAKE—OAKBROOK
SHAW AND ASSOCIATES
ARCH ITECTS PLANNERS
GW
DMRNG ROOM EL+TG EXISTING HOTEL EL +80 .NEW ENTRANCEILINN EL 120
YECNANICAL EL.+62 EXISTING MSEMENT EL.+SE
SECTION THROUGH DINING ROOM
DRAKE-OAKBROOK
SHAW AND ASSOCIATES
ARCH ITECTS PLANNERS
.. ... .� _FL0011 EL._+130
4TM FLOOR EL. +II7-.6
... _ _.. 3- FLOOR _ L. +103
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T°FLOOR-EL. +92-6
F FLOOR EL. 160
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LAI
SECTION THROUGH OFFICE BUILDING
DRAKE-OAKBROOK
SHAW AND ASSOCIATES
ARCHITECTS PLANNERS
DRAKE OAK BROOK
SQUARE FOOTAG E AREAS
HOTEL DESCRIPTION OF AREA SQUARE FEET
Hotel Rooms 51 ,500
Ba I I Room( �� 61400
Existing Dining Converted to Tack Room and
Conference Rooms 4,300 l�c�
New Dining Room 61400
Service Pantry 11800
Basement 15,300
Link with Parking 400
Link with Motel Wing 21600
88,700 88,700
OFFICE
Two Identical Office Buildings, 10 Floors at
25,000 square feet per floor 2501000
Atrium Lobby 13,500
Basement, Mechanical and Storage 111000
274,500 2741F500
UNDERGROUND PARKING
One Level Below Grade Parking Structure and
Loading Areas for Hotel and Office Buildings 148,805 148,805
512,005
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
June 13 , 1973 654-2220
DEPARTMENT OF BUILDING & ZONING
VILLAGE OF OAK BROOK , ILLINOIS
PERMIT NO. 2472
I hereby certify that Drake Oakbrook Inc. , owner of a building
erected at 22nd Street and York Road has complied with all the
requirements of the Building , Health and Zoning Laws and Ordinances
as set forth in the General Ordinances of the Village of Oak Brook ,
adopted the 22nd day of March , 1966 and all amendments thereto ,
and that said building is qualified for occupancy as a addition
to Hotel under Class A .
Date : June 13th , 1973
Frank H . Pearson
Building Commissioner
2-:35
710 7 a N0. 020 2 '
GENERAL CONTRACTORS
643 N. ORLEANS STREET ® CHICAGO, ILLINOIS 60610 CHECK NO.
PAY TO THE ORDER OF y ^ DATE 1 Jr r
MERCHANDISE NATIONAL BANK p5PpER CONSTRUCTION COQ'• AUTHORIZED SIGNATURE
OF CHICAGO /
0:07 10/11008 5i:` 01110 2C3 S9110 0204 28111 j
6
1 '
TO DEPT.-LOCATION
Mr Frank Pearson Oak Brook V&llage Hall
FROM DEPT.-LOCATION
Oak Brook Fire Prevention Bureau Fire Department Headquarters
SUBJECT DATE
Occupancy permit for Drake Oak Brook Indoor Pool 6 /13 /73
MESSA43E
5:
Frank:
I have made my final inspection of the above listed occupancy.
They have complied with all of the requirements of the Fire
Prevention. We approve this occupancy for final occupancy.
# 117
ORIGINATOR-DO NOT WRITE BELOW THIS LINE SIGNED
( 13 7.3
DEPT.-LOCATION SIGNED DATE
Redifprme 45 470 SEND PAR I AND 3 WITH CARBON INTACT PART 3 WILL BE RETURNED WITH REPLY.
VILLAiGE OF OAK BROOK APPLICATION FOR BUILDING PERMIT
Oak Brodk, Illinois
'Building Department PERMIT NO.
Application is hereby Made for permission for: A PR V E
Erection of
Alteration of S _ ILLAGE OF
XX_Addition to PLIhYIB.OEf�...............�.., OAK BROOK
DRAKE OAKBROOK HOTEL : ELEC.DEK , w 12 0 D OAK
22nd. Street & York Road "' LY- DATE-- L a BROOK ROAD
On—Lot—Block DIMENSIGNS SHMM OAK BROOK,
In Section NOT GUARANTEED ILL. 60521
of the 3rd P.M. TWP. CHECK 10B CONDITIONS TELEPHONES
Estimated Valuation: $-----130,000.00 SUDIECT TO LOCAL 654.2220 - 6c4 �q
CODS ANID CONDITICINS, 2221 654-21-1—
FEES
54.2; 'FEES /
Cubic Content cu. ft. $ 6D i a O
Plumbing Fixtures $ C�o
Electrical Outlets $
Sewage Disposal $
Water Supply $
Furnace $
Sign $
Certificate of Occupancy $ • o-0
Additional Fees $
Total $
OWNER:
Drake Oak brook, Tel
Inc. Su,7-2200 Ext, B-11
611
Address: Q
ARCHITECT:Loebl Schlossman, Bennett & Dart —�° SO 12-15 el 726-7350
Address: 333 No. Michigan Avenue, Chicago, Illinois 60601
GENERAL CONTRACTOR: PeR,per Construction Co. Tel 337-0171
Address: 643 No. Orleans Street, Chicago, Illinois 60610
PLUMBING CONTRACTOR: Wm. J. Sievert Co. Tel 921-7772
Address: 625 Pratt Blvd. , Elk Grove Village, Illinois 60007
ELECTRICAL CONTRACTOR: Hirgm Electrical Contractors, Inc. Tel 878-0703
Address: 1351 W. Foster Avenue, Chicago, Illinois 60640
HEATING CONTRACTOR: Wm. J. Sievert Co. Tel 921-7772
Address 625 Pratt Blvd., Elk Grove Village, Illinois 60007
OTHER CONTRACTORS: Paragon Pnnlg Tel 792-2036 R
Address: 300 East Industrial Lane, Wheeling, Illinois 60090
This application shall be submitted with two complete sets of plans and specifications prepared, signed and sealed by a
registered architect. A complete site plan drawn to scale shall be included. This shall show all pertinent existing and pro-
posed conditions including property lines, easements, building locations, sewer and water mains and services (including
sewer elevations) driveways,adjacent streets and topography showing existing and final grading plans.
In consideration of the issuance of said permit, I agree that, in the erection and use of the structure covered by said permit,
I will conform to the regulations set forth in The Oak Brook Zoning Ordinance, DuPage County Health Ordinance and in the
Village of Oak Brook Building Ordinance, and I also agree that all work performed under aid permit will be in accordance
with the plans which accompany this application, except for such changes as may be au orized by the proper Oak Brook
Official, and that I will use the building only for the purpose so st d above.
DATE: August 30th, 1972 /PEPPER CONSTRUCTION CO.
Signature of 0wner of Authorized Agent
VILLAGE OF OAK BROOK PERMIT NO.
Oa
OAK BROOK, ILLINOIS FEE $
•ELECTRICAI,4 INSPECTION DEPARTMENT
Permission is hereby given to A P P R 0 V E a
install service BLDG. DEPT....................... VILLAGE OF
alter electrical wiring PLUMB. DEPT ... AK BROOK
repair signs
ELEC. DEPT. .._ 2 0 0 0 A K
equipment
DATE.......... BROOK ROAD
in accordance with plans and/or specifications submitted. DIMENSIONS SHOWN OAK BROOK,
(Owner) NOT GUARANTEED I L L , 6 0 5 2 1
(Tenant) Drake Oak Brook Hotel >
CHECK� 103 CONDITIONS TELEI'I;Ci�J.S
Location York and Cermak Road TO LOCAL G54-21,220 GrA
P_"' 2221
LOCATION OUTLETS SIGNS
O
c a z o w
a z �' z ° w
U O a
H3 w o °z x w w
x a � o x w x z a a a w
H a x a
0
x xx F z H a H H
°x a 0-4
00w o w � a x ° o oa
BASEMENT
FIRST FLOOR 12 5
SECOND FLOOR
ATTIC
GARAGE
REMARKS: Install lighting for swimming pool ,
Service Amps. Main Wire Size Branch Wire Size
No. of Circuits Overcurrent Protection Type Rating Amps.
HI EC ON ACT S, INC.
Signature of Electrical Contractor:
Address 1351 W. Foster Avenue Reg. City Chicago No. 2613
Class Phone 878-0703 Village of Oak Brook bond expires: 2122Z73
All work must be done in accordance with Ordinances of the Village of Oak Brook. This Department must be notified for in-
spection not less than 24 hours before closing in any conduit or other electrical material used. No occupancy permit will be
issued until final inspection is made and passed.
VILLAGE OF OAKBROOK PERMIT NO. 9 ` 7 ol
PLUMBING INSPECTION DEPARTMENT PERMIT FEE si 3(), alp
,,Oak Brook, Illinois Bond Approved: Yes No.
Application Filed: 19 A P P R ® V E D
Permission is hereby granted to: BLDG. DEPT. ...... ILLAGE OF
(Contractor) WM. J. SIEVERTr INC. PLUMB. DEP ..... OAK BROOK
(Address) 625 Pratt BlVd. , Elk Grove Village, Ill ELEC. DEPT. .. ,_ ........ 12 0 0 0 A K
DATE._/,,. Zai.... BROOK ROAD
to (install) (repair)plumbing on Lot DIMENSIONS SHOWN OAK BROOK,
BlockSubdivis' NOT GUARANTEED I L L . 6 0 5 2 1
Street No. Owner 1 u +Le
Address CHECK JOB CONDITIONS TELEPHONES
S,l37ECT TO LOCAL 654-2220 - 651F.
2221 CSIZ2.22
This permit is hereby granted with the understanding that the Contractor shall construct the work in accordance with the des-
cription set forth in the application, plans and specifications; and that all general and detail work connected with such instal-
lation, alteration or repair of any such plumbing, shall be done in strict compliance with the ordinances of the Village of
Oak Brook.
It is hereby required that the plumbing contractor shall have completed the roughing in of the plumbing and shall have tested
his work before requesting a plumbing inspection. The request for the inspection shall be made at least 24 hours in advance of
such requested inspection. It shall be the duty of the plumbing contractor or his authorized agent to be in attendance at the
time of inspection of the plumbing by the Building Inspector.
Should it be deemed necessary for the plumbing contractor to request an inspection other than the final inspection, such in-
spection shall be requested as outlined above. A fee of five dollars ($5.00) shall be charged for each such added inspection,
which fee shall be payable to the Building Inspector direct.
The applicant hereby certifies to the correctness of the above and agrees to install, alter or repair the above plumbirlg in strict
compliance with all provisions of the Plumbing Ordinance of the Village of Oak Brook, Cod i and amen ents there
Signature Signature
Owner or Approved Agent Pl g Contra for
Address Address
FIXTURE SPECIFICATIONS
NO. KIND SIZE SIZE OF WASTE SIZE OF VENT SIZE OF WATER
Bath Tub
Shower Bath 36 x 36 711 911 -1
Automatic Water Heater 99GPM Q 7°
Automatic Dishwashers
Lavatory
Dental Lavatory
Automatic Washer
Toilets
Toilets with Flushometer Z 411 4° 1't
Kitchen Sink
Slop Sink
Water Softeners
Laundry Trays
Urinals
Sump Pumps &Sewer rs
Floor Drains all n
1 Others
SEWER AND WATER SPECIFICATION
Type Size
Sewer S.anita y Cact Trnn 41'
Water Service Rxi M a ng
PEPPER CONSTRUCTION CO.
GENERAL CONTRACTORS
643 NORTH ORLEANS STREET
TELEPHONE 337-0171
CHICAGO, ILLINOIS 60610
September 5, 1972
Date
TO Village of Oakbrook
Plumbing Inspection Department RF Drake Oakbrook Hotel Pool
Oakbrook, Illinois 60521
Attn: Mr. Frank Pearson
❑ As requested X5&kttached ❑ Under Separate Cover Via:
We are forwarding the items listed below relative to the subject job:
NO. OF DRAWING NO. LAST DATED PREPARED BY DESCRIPTION
COPIES
4 application Eor .permit Wm. J. Siever&. Inc.,
PURPOSE I Your Files: I Approved: I Corrections: I Distribution I Approval:
ACTION ❑ Return Copy(s) Corrected Approved
REQUESTED ❑ Furnish—Copy(s) For File and Distribution.
PLEASE NOTE- FOR YOUR USE.
OC- Office/l
PEPPER CONSTRUCTION CO.
Per
Douglas Kowert/po
STATE OF ILLINOIS
DEPARTMENT OF PUBLIC HEALTH
SPRINGFIELD, ILLINOIS 62706
FRANKLIN D. YODER, M.D., M.P.H. September 15, 1972 BUREAU OF
DIRECTOR ENVIRONMENTAL HEALTH
VERDUN RANDOLPH, M.P.H., CHIEF
(AREA CODE 217) 525-6559
1N REPLY AEFEA To# EH-SP
DU PAGE COUNTY - Oakbrook
Drake Oakbrook Hotel
Recreational Area No. 1594
Permit to Alter No. A-005-1972
The Drake Oakbrook, Inc.
York and' Cermak Roads
Oakbrook, Illinois
Gentlemen:
A permit to construct the Drake Oakbrook Hotel pool
has been issued and is enclosed with this letter. In addition to the
requirements of the Illinois Department of Public Health , the facility
which you have proposed may fall within the jurisdiction of the Illinois
Environmental Protection Agency. More specifically, regarding the
discharge of your filter backwash to a sanitary or storm sewer, you
should contact the Environmental Protection Agency and discuss their
requirements prior to proceeding with this phase of the project.
Ver trulyyo
Verdun Rand 1ph , CFS of
Bureau of Enviro ntal Health
VG:mp
. cc - Environmental Protection Agency
e
BRANCH I BRANCH IV BRANCH V
P.O.Box 722 (306 W.Main St.) 2125 South First Street 5415 North University Avenue
Carbondale, Illinois 62901 Champaign, Illinois 61820 Peoria, Illinois 61614
Phone: 618 -457-8102 Phone: 217 -333.6914 Phone: 309-691-8480, Ext.561
BRANCH 11 BRANCH VI
9500 Collinsville Road, Unit E 4302 North Main Street
Collinsville. Illinois 62234 . Rockford, Illinois 61103
Phone: 618-345.5141 7111M 11=7 llLr X015 Phone:815 -877.8051, Ext.611
8RANCH III WeswommodsN BRANCH VII �
4500 South Sixth St.Rd..Rm.173 P.O.Box 910 148 W.Galeria 6")
Springfield. Illinois 62706 Aurora.Illinois 60504
Phone: 217 .525.6482 Phones 312-692.4272
r
. STATE OF ILLINOIS
DEPART M1EiiT 01= P U D L I C HEALTH
535 WEST JEFFERSON STREET
SPRINGFIELD. ILLINOIS 62706
FRANKLIN D. YODER, M.D., M.P.H. September 15, 1972 BUREAU OF
DIRECTOR ENVIRONMENTAL, HEALTH
VERDUN RANDOLPH, M.P.N., CHIEF
(AREA CODE 217) 525-6555
IN REPLY REFER To: EH-SP
DU PAGE COUNTY - Oakbrook
U1 Hke UAkl-OA 11x,!e
Recreational Area No. 1594
Permit to Alter No. A-005-1972
The Drake Oakbrook, Inc.
York and Cermak Roads
Oakbrook, Illinois
Gentlemen:
Permit is hereby granted to the Drake Oakbrook, Inc. , Oakbrook, to alter the
recreational area at Drake Oakbrook Hotel , Oakbrook, in accordance with the
plans and specifications prepared by Loebl Schlossman Bennett and Dart, Archi-
tects, acting as your agents. (See, also, attached letter regarding filter
backwash) . The plans received by this Department consist of three (3) sheets
and are designated as "Swimming Pool for Drake Oakbrook Hotel , 2200 South Oak,
Oakbrook, DuPage County, Illinois."
This permit is issued subject to the following conditions :
1 . This authority is granted in accordance with the provisions of an Act entitled,
"The Recreational Area Licensing Act," approved September 8, 1971 ; in force
January 1 , 1972, and subject to the provisions thereof.
2. This authority shall not be considered in any manner affecting the title to
the premises upon which the recreational area in question is located.
3. This authority does not in any way release the permittee from any liability for
damages to persons or property caused by or resulting from installation, maintenance
or operation of the recreational area, located and constructed in accordance with
the plans and specifications herein referred to.
4. The State Department of Public Health, in issuing this permit, has relied upon
the statements and representations made by the permittee in the application herefor;
and in case any statement or representation in said application is found to be
incorrect this permit may be revoked without further notice and the permittee there-
upon waives all rights thereunder.
BRANCH I BRANCH IV BRANCH V
P.r). Fox 722 (306 W.Main St.) 2125 South First Street 5415 North University Avenue
Car6o,Male. Illinois 62901 Champaign. Illinois 61820 Peoria, Illinois 61614
Phone: 618 • 457.6102 Phone: 211 333-6914 Phone: 309 - 691-8480. Ext.561
BRANCH II
1500 Co!lIncVl!lo P:;,It1. Unit E BRANCH
4302 North
Main Street
Collinsville. Illmoi, 62234 Rockford, Illinois 61103
Phon, : 6111 - 3,15.5141 THE NEW ILLINOIS Phone: 815 - 877.8051. E■t.511
BRANCH III --' BRANCH V11
4500 South Sixth Sl. Rd.,Rm.173 We accommodate P.O.Box 910 (48 W.Galena Blvd.)
SPI In"
tIe id, IIInWIs 6270(1
Aurora, Illinois 60504
Phone: 217 - 786.6882 Phone: 312 - P92-4272
-2-
�.� There shell be no deviations from the plans and specifications submitted with
the application For this permit unless revised pier:, and specifications therefor
shall first have been submitted to the State Health Department and a supplemental
written permit issued therefor.
6. The State Department of Public Health or any person duly authorized by it may,
at any time during the progress of the construction under authority hereof, have
the right and authority to inspect such recreational area during the progress
thereof, and such Department or its duly authorized agent shall have the authority
at any and all times after the erection or the installation of such recreational
area to inspect the same or the operation thereof.
7. This approval takes into consideration adequacy of the various recreational
facilities and their conformance with the adopted sanitary requirements and not the
structural stability nor durability of any units or parts of the recreational area
project that will not affect the safety or sanitary quality.
8. Operation and analytical records shall be submitted to this Department as required
and on forms furnished by this Department or on forms prepared and furnished by you
and approved by this Department.
9. The Department of Public Health shall be notified when the recreational area
project has been completed and prior to operation.
10. This permit is granted with the understanding that the facilities covered by
this permit conform to all other State and local regulations and ordinances.
11 . This project shall comply with the Illinois State Plumbing Code.
12. This permit is void after September 15, 1973, unless construction on this project
has started on or prior to that date.
13. An additional commercial type automatic skimmer (total of two) served by
piping of adequate size shall be properly installed.
14. In case the proposed system of adding make-up water does not function to the
satisfaction of the Department, the make-up water shall be added by means of a
fixed fillspout having a free-fall of at least six inches above the coping.
VG:cj
cc- Paragon Pools
- Loebl Schlossman Bennett and Dart
333 North Michigan Avenue Very truly yours,
Chicago, Illinois
- DuPage County Health Dept. ILLINOIS DEPARTMENT O F` PUBLIC HEALTH
- Region 2A
P.S. regarding filter backwashing: "The
filter backwash should be discharged to a Verdun Randolph, Chief
sanitary sewer or other facility which
provides for the treatment of the backwash Bureau of Environmental Health
water."
STATE OF ILLINOIS
DEPARTMENT OF PUBLIC HEALTH
SPRINGFIELD, ILLINOIS 62706
FRANKLIN D. YODER, M.D., M.P.H. September 15, 1972 BUREAU OF
DIRECTOR ENVIRONMENTAL HEALTH
VERDUN RANDOLPH, M.P.H., CHIEF
IN REPLY REFER To:EH-SP
DU PAGE COUNTY - Oakbrook
Drake Oakbrook Hotel
Recreational Area No. 1594
Permit to Alter No. A-005-1972
The Drake Oakbrook, Inc.
York and Cermak Roads
Oakbrook, Illinois
Gentlemen:
This Department has issued a construction permit for your swimming pool
project based on the application for permit submitted by you and the
plans and specifications submitted by your architect/engineer.
Your attention is directed to condition number 5 on page 2 of the permit
letter which states, "There shall be no deviations from the plans and
specifications submitted with the application for this permit unless revised
plans and specifications therefor shall first have been submitted to the
State Health Department and a supplemental written permit issued therefor."
It is emphasized that any deviation from the approved plans may result in
disapproval for operation and possible legal action against you. Therefore,
the construction of the swimming pool project must be in strict conformance
with the approved plans , unless revised plans are submitted and a supple-
mental permit issued to you.
Also, please note condition number 9 on page 2 of the permit letter. This
Department must be notified when the swimming pool project has been completed
andrp for to its having been placed in operation.
You are requested to submit to us the name and address of the person
responsible for the construction of the pool project as soon as the contract
has been awarded.
Very
9truly you r
41
Verdun Rando ph, Chief
Bureau of Environmental Health
VG:mp
TBE NEW ILLINOIS
We.«mate
' Date 73
Time
Perm i t C'� 7 0
Address =&L --
!nspecfi i on Type
When CA
0
Contractor
Te I ephone # 01 7
Da to
Time
Permit # a
Address
Inspection Type --
When
1
1000
Contractor
Te l ephone # X37--3 oa
Date
• T i me �d�
Pe rm i t # `�
Address
!nspect i on Type
When
Contractor
Telephone # �`3
Date
Time S
Permit #
Address
Inspection Type
When
Contractor
Telephone #
Date 10 i'j 72
Time
Permit # _ �47 �1
Address
Inspection Typee
When *-'.%A •
./� I
Contractor ?-e 0Q n
Telephone #
95. 1 Natural Ground Level - the existing elevation prior to any
movement of organic or nonorganic matter which would require
the issuance of a permit under Ordinance No. S-210, Section 2
!- (c), as amended, or as otherwise expressly determined by the Village.
111. 1 Principal Corners - Not more than five (5) corners of a
structure, two of which are the corners having the lowest and
next lowest elevations of all corners in the structure at the point
where they intersect natural ground level.
SECTION 5: All ordinances, rules and regulations of the Village of Oak
Brook which are in conflict with the provisions of this Ordinance are hereby re-
pealed solely to the extent of the conflict.
SECTION 6: If any section, subsection, sentence, clause or phrase of
this Ordinance is for any reason held to be invalid, such determination shall
not affect the validity of any remaining portion of this Ordinance.
SECTION 7: This Ordinance shall be in full force and effect from and
after its passage, approval, and publication as provided by law. This Ordinance
-shall be published in pamphlet form.
PASSED AND APPROVED this t3 ' day of 1976.
T
APPROVED:
President
C
ATTEST:
Village Clerk
AYES: rI 5 r
NAYS: a
ABSENT:
APPROVED AS TO FORM:
Village Attorney
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
A`1 day of 1976.
Village Clerk