G-197 - 07/28/1976 - ZONING -VARIATION - Ordinances ORDINANCE NO.
_ a
AN ORDINANCE GRANTING A VARIATION FROM
SECTION VII . C.3. OF ORDINANCE NO. G-60, AS AMENDED
THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK,
DU PAGE AND COOK COUNTIES, ILLINOIS
WHEREAS, the real property described in Exhibit A hereto is
located within the Village of Oak Brook, DuPage and Cook Counties,
Illinois, and
WHEREAS, said real property is within an R-1 District as estab-
lished by the Zoning Ordinance of the Village of Oak Brook, Ordinance
No. G-60, as amended, and
WHEREAS, the owner of said real property, Riccardo Nunziati, has
petitioned for a variation to Ordinance No. G-60, Section VII .C.3. ,
said petition having been presented pursuant to Section XIII .G. of said
Ordinance, and
WHEREAS, the Zoning Board of Appeals of the Village of Oak Brook
held a public hearing on July 6, 1976, pursuant to statutory public
notice, to hear testimony concerning said petition, and
WHEREAS, the Zoning Board of Appeals of the Village of Oak Brook
has recommended that the requested variation be granted based on its
findings that the plight of the owner results from unique circumstances
involving a dedication of real property for public use and involves
such a minimal relaxation of the requirements of the Zoning Ordinance
as not to alter the essential character of the locality.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of
Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois
that:
SECTION 1: The provisions of the preamble hereinbefore set forth are
hereby restated herein as though herein fully set forth.
SECTION 2: A variation from Section VII .C.3. of Ordinance No. G-60, as
amended, is hereby granted to allow resubdivision of the real property
legally described in Exhibit A hereto into two (2) lots, with the rear
lot having an area of 2.000 acres and the lot fronting on York Road
having an area of 1 .975 acres. Said property is generally located east
of York Road between Ogden Avenue and Oak Brook Road (31st Street) .
SECTION 3: All ordinances, rules and regulations of the Village of Oak
Brook which are in conflict with the provisions of this Ordinance are
hereby repealed solely to the extent of the conflict and only as they
apply to the territory hereinbefore described.
SECTION 4: 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 5: 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.
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
July 28, 1976 654-2220
Mr. Riccardo Nunziati
641 W. Chicago Avenue
Hinsdale, Illinois 60521
Dear Mr. Nunziati,
Attached please find is Ordinance G-197 passed and approved by the village
board at their meeting of July 27, 1976 granting the variation on your
parcel of property on South York Road.
The subdivision plat will be filed and recorded and you might to check
with Bill Balling for the specifics but you can proceed with the filing
of your building plans and issuance of building permit through the
Inspection Bureau.
We thank you for your cooperation and remain,
Si cerely yours,
Ken eth G. Carmig-nani__
Village Manager
KGC/ls
cc: Bill Balling
�,C P of Ehle
att.
VILLAGE OF OAK BROOK ILL.
BLDG. DEPT
ORDINANCE NO.
AN ORDINANCE GRANTING A VARIATION FROM
SECTION VII . C.3. OF ORDINANCE NO. G-60, AS AMENDED
THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK,
DU PAGE AND COOK COUNTIES, ILLINOIS
WHEREAS, the real property described in Exhibit A hereto is
located within the Village of Oak Brook, DuPage and Cook Counties,
Illinois, and
WHEREAS, said real property is within an R-1 District as estab-
lished by the Zoning Ordinance of the Village of Oak Brook, Ordinance
No. G-60, as amended, and
WHEREAS, the owner of said real property, Riccardo Nunziati, has
petitioned for a variation to Ordinance No. G-60, Section VII .C.3. ,
said petition having been presented pursuant to Section XIII .G. of said
Ordinance, and
WHEREAS, the Zoning Board of Appeals of . the Village of Oak Brook
held a public hearing on July 6, 1976, pursuant to statutory public
notice, to hear testimony concerning said petition, and
WHEREAS, the Zoning Board of Appeals of the Village of Oak Brook
has recommended that the requested variation be granted based on its
findings that the plight of the owner results from unique circumstances
involving a dedication of real property for public use and involves
such a minimal relaxation of the requirements of the Zoning Ordinance
as not to alter the essential character of the locality.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of
Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois
that:
i
SECTION 1: The provisions of the preamble hereinbefore set forth are
hereby restated herein as though herein fully set forth. j
SECTION 2: A variation from Section VII .C.3 . of Ordinance No. G-60, as
amended, is hereby granted to allow resubdivision of the real property
legally described in Exhibit A hereto into two (2) lots, with the rear
lot having an area of 2.000 acres and the lot fronting on York Road
having an area of 1 .975 acres. Said property is generally located east
of York Road between Ogden Avenue and Oak Brook Road _(31st Street) .
SECTION 3: All ordinances, rules and regulations of the Village of Oak
Brook which are in conflict with the provisions of this Ordinance are
hereby repealed solely to the extent of the conflict and only as they
apply to the territory hereinbefore described.
SECTION 4: 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 5: 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.
day PASSED AND APPROVED this " of \\`.,:a�t 1976 .
1 _
APPROVED:
'I---X-ZI
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re, i'dent
ATTEST:
Village Clerk
AYES:
NAYS: '
ABSENT: ;
APPROVED AS TO FORM:
` f
Vilrla&7 Attorney
;
Filed in the Office of the Village Clerk and published in pamphlet
form by authority of to President and Board of Trustees of the Village
of Oak Brook this - t '-day of L--�-� � _ 1976.
Village Clerk
EXHIBIT A
The North 387.9 feet (except the South 150 feet
thereof) measured on the East line, of Lot 1 of
Graue 's Assessment Plat #1, being a part of the
West half of the Southeast Quarter of Section
36, Township 39 North, Range 11, East of the
Third Principal Meridian, reference being had
to the record thereof, on February 11, 1944,
as Document 458793, in DuPage County, Illinois.
IL OAk
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VILLAGE OF OAK. BROOD
1200 OAK BROOK ROAD .
OAK BROOK, ILLINOIS
July 15, 1976 G54-2220
Mr. Riccardo Nunziati
641 W. Chicago Avenue
Hinsdale, Illinois 60521
Dear. Mr. Nunziati,
At the village board meeting of July 13th, 1976, your plat of subdivision
and variation was reviewed and approved by the village board.
The variation ordinance will be drafted by our village attorney for
action at- the board meeting of July 27th, 1976. This requires an ordi-
nance to be passed and approved by the village board.
The subdivision plat will be executed and prepared for recording after
the adoption of the variation ordinance on the 27th of July.
I would appreciate your reviewing all of the requirements with Bill Balling
of our office to make sure that all of the conditions have been met on the
subdivision plat so that recording can be accomplished after the board meet-
ing of the 27th of July.
If you have any further questions, please feel free to contact us.
Si cerely yours,
G o
Ken eth G. Carmign ni
Village Manager
KGC/ls
3 �
tes of July 13, 1976
V. QUARTERLY REPORTS (continued)
B. Fire Department
Trustee Rush moved - seconded by Trustee Brown. . .
That the report of the Fire Department as submitted be approved.
Voice vote - all in favor So ordered.
C. Bureau of Inspection
Trustee Congreve moved - seconded by Trustee Cerne.. .
That the report of the Bureau of Inspection as submitted be approved.
Voice vote all in favor So ordered.
D. Library
Trustee Cerne moved - seconded by Trustee Congreve. . .
Voice vote - all in favor So ordered.
E. Police Department
Trustee Rush moved - seconded by Trustee Cerne. . .
That the report of the Police Department as submitted be approved.
Voice vote - all in favor So ordered.
F. Public Works Department
Trustee Congreve moved - seconded by Trustee Brown. . ..
That the report of the Public Works Department as submitted be approved.
Voice vote - all in favor So ordered.
VI. OLD BUSINESS
A. iccardo Nunziati - Resubdivision & Variation
On June 21, 1976, the Plan Commission recommended approval of Nunziati's
Resubdivision, with a fifty feet setback for the western portion of lot
one and waived the requirements for street lights and sidewalks. On
July 6, 1976, the Zoning Board of Appeals recommended approval of the
variation request to allow the two acre lot requirement to be reduced
by .025 acres on lot two.
Trustee Brown moved - seconded by Trustee Cerne. . .
Based upon the findings of the Plan Commission and the Zoning Board of
Appeals, that Nunziati's Resubdivision be approved and that a variation
to allow a reduction in Lot Area for lot two to 1.975 square feet be approved,
and that the village attorney prepare an ordinance.
Roll call vote: Ayes: Trustees Brown, Cerne, Congreve, Glaves, Rush & Pres. Howell
Nayes: None
Absent: Trustee Philip So ordered.
B. Wellhouse #5
Trustee Congreve moved - seconded by Trustee Cerne. . .
That H. James Hestrup be authorized to proceed with the design of the
modifications to Wellhouse ##5 in an amount not to exceed $1,800.00.
Roll call vote: Ayes: Trustees Brown, Cerne, Congreve, Glaves, Rush and
President Howell
Nayes: None
Absent: Trustee Philip So ordered.
age 4
nutes of July 13, 1976
VII. NEW BUSINESS
A. Scavenger License Transfer
Trustee Congreve moved - s:.;condc:.1 by Trustee Brown. . .
To authorize release from the contract betcac� sn Healthway Rubbish Disposal
and the Village of Oak Brook upon written request of said release from said
company.
Roll call vote: Ayes: Trustees Brown, Cerne, Congreve, Glaves, Rush and
President Howell
Nayes: None
Absent: Trustee Philip So ordered.
Trustee Congreve moved - seconder;. by Trustee Cerne. . .
In the best interests of the Village of Oak Brook, to deny the request
of Waste Management for a Scavenger License and allow Oak Brook Disposal
and Elmhurst Trucking to expand their contracts to service the customers now
serviced by Healthway at such time as Healthway submits written notice
requesting cancellation of their license.
Roll call vote: Ayes: Trustees Brown, Cerne, Congreve, Glaves and Rush
Nayes: None
Absent: Trustee Philip
Abstain: President Howell So ordered.
B. Well Request - L. Madda
Trustee Congreve moved - seconded by Trustee Brown. . .
That the request for a well for lawn sprinkling purposes only be approved.
Roll call vote: Ayes: Trustees Brown, Cerne, Congreve, Glaves, Rush and
President Howell
Nayes: None
Absent: Trustee Philip So ordered.
C. Authority to Bid - Hargeer Road-Rose Court
Trustee Congreve moved - seconded by Trustee Rush. . .
To authorize advertising for bids for pavement reconstruction for Harger
Road and Rose Court, with bids to be received until 11 AM on August 3, 1976.
Roll call vote: Ayes: Trustees Brown, Cerne, Congreve, Glaves, Rush and
President Howell
Nayes: None
Absent: Trustee Philip So ordered.
D. Well Request - Leonard Lojewski
Trustee Congreve moved - seconded by Trustee Glaves. . .
That the request for a well as presented be approved with the stipulation
that connection to the Village water system be made when it is available.
Roll call vote: Ayes: Trustees Brown, Cerne, Congreve, Glaves, Rush and
President Howell
Nayes: None
Absent: Trustee Philip So ordered.
E. George J. Birkhahn - Variation
Referred to Zoning Board of Appeals August 3, 1976.
F. Osbrook Properties, Inc. - Plat of Re-SubdivisioA and Variation
Referred to Plari Commission July 19, 1976 and Zoning Board
of Appeals August 3, 1976.
VILLAGE OF OAK BROOK .•
'
#07 IL'G Boo RD OF APPEALS
DATE OF HEAPING: 7/6/76
APPLICANT: Riccardo Muiziati
ADDRESS: 641 West Chicago Avenue, Hinsdale, Illinois
PRIOR HEARING: YES /-7 is70 Lx:/ Date: 7/6/76
RELIEF SOUGHT: A1.1E�TDNIENT
APPEAL �_
SPECIAL USE
VARIATION
DECISION: RECOMMENDED APPROVAL �
RECOM M- DED DENIAL
CONTINUED
WITHDRATANT
OTHER L�
1IEti1BE1;S PRESENT ABSENT YES (VOTE) 1,7,0 ABSTAIN
Edward Fraser x X
Iva
John Laver X X
Arthur Muschler M X X
Gene J. Ira ronl
2nd X X
11.K. Skinner X X
John W. Baschen Chrm. X
Rico mendation of . Plan Corimissi.on: Approve Date: 6/21/76
Referred to Plan Commission'. NA IAA
Date:
* -FULL T.RANTSCRIPT OF PROCEEDINGS BY DuPAGE COUNTY REPORTING SERVICE
RECOMMENDATION: To-xec[►.*run�-�� to thP___ Vi��a�P R�arcl "an�nr�val �f th variation for
the following findings of fact.
PPiMv
Z'"t'1R:[ATIOIN - FINDINGS and RECOM"."IDi1D TIONS
(Coliplete Sections A, B, C and D)
In support of its reco::1--tiendati_o-a of thz;, Vari
Pago of 3 pages '
ZO BOARD OF APPEALS
' MI S - July 6, 1976
Item 4 - RICCARDO NUNZIATI - VARIATION
Mrs. O'Conner and Mr. Riccardo Nunziati were sworn in and reported that the
variation requested is from the bulk lot area requirements for one of the
two lots at the proposed Nunziati Resubdivision. Miss O'Conner presented
the memorandum which she had prepared by our survey dated July 6, 1976
which provided an area breakdown per lot for the subdivision variation.
The variation requested .025 acres and is a result of providing an addi-
tional seventeen feet of right of way at the request of the Plan Commission.
Mr. Baroni asked what is the minimal easement permitted in the Village.
Miss O'Conner said the minimum is twenty feet and it is proposed to be
provided for access to lot two in the subdivision.
Mr. Baschen announced that both lots were going to be built concurrently.
Miss O'Conner responded that no they weren't. There were currently plans
for lot two and lot one would be developed at a later date. Lot two
would be Mr. Nunziati's residence.
Mr. Baschen then presented a question to the Zoning Board of Appeals in
which he asked if in fact this minute variation violated the zoning for
that area of the Village.
Mr. Baroni then asked if the twenty foot easement would require Village
of Oak Brook's maintenance.
Mr. Balling indicated that it would not.
Mr. Baschen asked if the flag lot situation which is being created on lot
two will provide adequate area in the easement for assess to police and
fire.
Fire Chief Ehle indicated that there would be sufficient space to satisfy
public safety needs.
Mr. Baschen then asked for those opposed to the application in the
audience to speak and no one responded. He then asked for those speaking
for the applicant in the audience and no one responded.
Mr. Muschler then moved - seconded by Mr. Baroni
To recommend to the Village Board of Trustees approval of the Variation
request for Riccardo Nunziati for the following findings of fact:
1. A plight to the owner as to unique circumstances
2. Subject Variation will not alter the essential character
of the locality.
Respectfully submitted,
APPROVED: William R. Balling
Assistant to the
Village Manager
John W. Baschen, C airman Secretary Pro tem
LAW OFFICES
Ross,Hardies,dKeefe,Babcock &. Parsons
ONE IBM PLAZA
SUITE 3100
CHICAGO,ILLINOIS 60611
TELEPHONE 312-467-9300
July 6, 1976
Zoning Board of Appeals
Village of Oak Brook
Re: Application of Riccardo Nunziati
For Variation from Section VII C3
of the Zoning Ordinance
Gentlemen:
For your consideration, the following information
respecting lot area was prepared by Ronald W. Scott, Illinois
Land Surveyor. 1630.
Gross Area of Subject Parcel 4. 172 acres
Gross Lot Area - Lot fronting on York Road 2.172 acres
Less Area of 50 foot right of way requested
by Plan Commission 0.197 acres
Net Lot Area 1. 975 acres
Lot area - Rear Lot 2.000 acres
Area of 20 foot easement extending from west
line of rear lot to east line of 50 foot
right of way 0.135 acres
Respectfully submitted,
ROSS,HARDIES,Q'KEEFE,BABCOCK & PARSONS,
Attorneys for Applicant
oan Webster Connor
CERTIFICATION
RE: ZONING VARIATION FILED WITH
THE VILLAGE OF OAK BROOK
This is to certify that, according to our records, the
beneficiaries, their interest, and their addresses under
Harris Trust and Savings Bank, Land Trust Number 36331,
are as follows:
Riccardo Nunziati and Bianca Nunziati, his wife,
as joint tenants with right of survivorship and
not as tenants in common, 100/ - 22 W. First Street,
Hinsdale, Illinois 60521.
SUBJECT TO: Collateral Assignment to Harris Trust
and Savings Bank dated May 6, 1975, - 111 West
Monroe Street, Chicago, Illinois 60690.
HARRIS TRUST AND SAVINGS BANK, as
Trustee under Trust Number 36331 and
not individually.
es J. Perner
Assistant Vice President
SUBSCRIBED AND SWO TO BEFORE ME
THIS ` �t. DAY OF J'Y- 1976.
Notary PUYlic
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COUM
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
June 22 , 1976 654-2220
President and Board of Trustees
Village Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60521
Re: Riccardo Nunziati - 2 Lot Resubdivision
Gentlemen:
At the regular meeting of the Plan Commission held on June 21, 1976,
the Plan Commission recommended approval of the revised 2 lot resub
division and waiver of requirements for sidewalks and street lighting.
During the discussion that preceded the vote, it was noted that the
building setback line for lot 1 was not shown on the plat and that
a 50 foot setback from the west lot line should be shown, which the
applicant agreed to do.
It was also noted that lot 2 as shown contains 0. 025 acres less than
a require two acres for an R-1 district, even when counting the area
of the road easement that will serve lot 1, but that the applicant
was voluntarily dedicating 50 feet, rather than 33 feet, from the
center line of York Road, thus at least partially off setting any
deficiency in area. It was the consensus of the Plan Commission
that such deficiency in the area of lot 2 was de minimus and would
not adversely affect the character of the area, cause damage to any
other properties or establish an undesirable precedent.
Respectfully submitted,
Ric 'rd A. Bar -
ar C5n
Chai'tman of Plan Commission
cas
t • VILLAGE 01: OINK BROC
PLAIT COMMISSIO:d
FilE. :_ Date of Meeting June 21,
197
Applicant: RICCARDO NUNZIATI
ac?d?'ess :
City, State : Tel. Ro .
Prior Hearing: Yes No
Relief Sought: Preliminary Plat
x Final Plat
Rezoning
Special Use
Other
Decision: Recommended Approval
Recommended Denial
Continued
Withdrawn
Other
`lotion: Member Scott moved that the Plan Comm-. A o 'rjjjpga
Board the approval of Mr. Riccardo Ilunziatits request for a resubdivision;
waiving street lights and sidewalks and that -a foot bui . ' P_Iine
setback be shown along the western portion of lot 1. Seconded by
Marquardt
3k 113 NIEERS : ABSENT FPRESEL\IT� YES NO ABSTAIN
Chairman Barton x + x
Joan Bo ::1an x
RobOr t Liste cki
B . Jack Noyes -- _ x
Barbara Rcy olds x x
Harold Scott _ _ X x
E Clifford Marq u x• t x
•
R Scoii me-n datlon 0? to`f: X Date:
Referred to Date:
Respectfully yours,
Chaixrz��n, Plan Mission
D�tee :
( • ( ge 1 of 6 Pages
�une 21, 1976
RICCUDO NIUNZIATI - Resubdivision and Variation
Chairman Barton stated that Mr. Nunziati had come before
the Plan Commission previously for a one lot subdivision which was approved
by the Connission under certain criteria being met. Mr. Nunziati then
requested that the Board defer any action on this request for a one lot
subdivision..
Ms. Conners, the attorney representing Mr. Nunziati,
spoke on behalf of Mrs. Nunziati. She stated that Mr. Nunziati has now
decided to subdivide the piece into-two lots rather than doing it at a
later date. The members of the Commission reviewed the two lot sub
division plat and it was noted that t he "no access strip" was indicated
on the plat. Mr. Balling stated that he had reviewed this matter with
Mr. Bianucci and it was Mr. Bianuccils suggestion that a separate document
be prepared with regard to the "no access strip". Ms. Conners stated that
they would have no objection to this. With regard to the easement dedication,
Nis. Conners stated that they will be preparing a Declaration of Eastment.
Ms. Conners stated that she spoke with the Village Engineer about the flag
lots to see just how the Village would want them handled. She noted that
Mr. Nunziati will be building on Lot 1. Ms. Conners also stated that she
spoke with the Fire Chief of Oak Brook and noted that they will have a large
circular drive and that the fire trucks could also get around the home by
way of the grassy area.
Member Reynolds questioned whether or not this request would
set a precedent for other flag lots in the area. It was stated that each
request would have to be weighed individually. It was noted that Mr. Nunziati
had refused to sell the land to the east to Land America Company who wanted
to provide access to York Road. Member Marquardt stated that he thought
this request would improve the area.
After considerable discussion, the following motion was made:
Member Scott moved that the Plan Commission recommend
to the Village Board the approval of Mr. Riccardo Nunziati's
request for a resubdivision; waiving street lights and
sidewalks and . a 50 foot building line setback
be shown along the western portion of Lot 1.
Motion seconded by Member Marquardt.
Voice Vote: Ayes: Boiman Nays: None
Listecki
Noyes absent: None
Scott
Reynolds
Marquardt
Barton
Motion carried.
Page 2 of 6 Pages
•
OJU ne 21, 1976
Chairman Barton asked what would be considered the front lot
line. Ms. Conners stated that the crest side would be considered the front
yard.
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
June 17, 1976 654-2220
MM: File
SUBJECT: Subdivision and Variation Request:
Riccardo Nunziati
On May 25, 1976, the attorney for Mr. Nunziati requested that the sub-
division application dated May 1, 1976 be removed from the Village
Board agenda so that the applicant could modify his request to sub-
divide his property into two lots. In amending his subdivision
application Mr. Nunziati incorporated the recommendation of the
Plan Commission made at their May 19, 1976 meeting.
One of the recommendations which Mr. Nunziati followed was to dedicate
an additional 4429 square feet of right-of-way to provide a full 50'
from center line. In complying with this request, Mr. Nunziati caused
his proposed lot #2 to be 1089 square feet less than the two acre
minimum required for R-1 zoning lots. To provide for this deficiency,
Mr. Nunziati has made application to the Zoning Board of Appeals to
provide for a lot size variation to his proposed lot #2.
In another matter in an effort to comply with the Plan Commission's
request that access be restricted to the Land America development,
Mr. Nunziati has terminated his private drive access to lot #1 at
the west lot line of lot #1 and has provided a "no access" strip
along the east lot line of lot #1.-- Mr. Nunziati -also informs me --
that he has formally rejected an offer from Land America Company to
provide access to York Road from his property.
R�etsp�ective Submitted,h�w �, I
William R. Balling
Assistant to the
Village Manager
WRB:bb
TO: Arthur H. Ehle, Building Commissioner 6/17/76
RE: Nunziati' s Resubdivision (Resubmitted)
Addendum to Memo of 5/13/76
100' Building Line (In Compliance)
220' Lot Width of Lot 1 & 2 (In Compliance)
2 Acre Lot Area of Lot 1 (In Compliance)
Minimum of 20' for Roadway Easement required by Subdivision
Regulation Ordinance.
Respectfully submitted,
Marianne Lakosil
Bureau of Inspections
a p`
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F
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
June 16 , 1976
654-2220
MEMO TO: Plan Commission
RE: Nunziati ' s Resubdivision
1 . Access to lot 1 is by easement rather than an extension of the
lot which is usual in flag lots .
2. The building line should be shown for lot 1 .
3. The area of lot 2 is 0. 025 acres ( 1 ,089 sq . feet) short of being
two ( 2) acres in size.
4. All comments made in my letter of May 17 , 1976 that were approved
by the Plan Commission have been satisfactorily resolved.
Respectfull ubmitted ,
Charles A. Littleton , P. E.
Village Engineer
CAL/ee
GA
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F
NOUN
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
June 16, 1976
G54-2220
Dear Resident,
The Oak Brook Zoning Board of Appeals and Village Board and Plan Commission,
if necessary, will be considering. a:
Zoning Amendment X Resubdivision X Variation
at their meetings scheduled on the reverse side of this notice. Please refer
to the schedule for time, place and dates of meetings.
The application has been filed by: Riccardo Nunziati
Name of applicant
641 W. Chicago Ave. , Hinsdale, I1 . 60521
Address
Lot- 1 of Graue's Assessment Plat #1
Name of property
Location: Vacant-.parcel located on the east side of York Road between Ogden
Avenue and Oak Brook Road (31st Street)
A map of the area has been reproduced to assist you in determing your relation-
ship to the property in question. The specific action being requested is as
follows:
To divide the four + acres. Front lot will be 1 .975 acres, the
rear lot will be two (2) acres, with .acres dedicated. as York Road
right of way.
If you desire more detailed information, we would suggest that you contact the
Inspection Bureau located in Fire Station 1 , at 1212 Oak Brook Road, Oak Brook,
Illinois to review the file on this application.
Re pectfully yours ,
4 �
` ,el neth Carmignani
Village Manager
KGC/1s
(over)
All r, ?e ti ncs are held in the Samuel E. Dean Roard Room o{ the Oak Brook Vi l l�o_e
on Oaf; Brook Poad (31st Street) and Spring Road, Oak Brook, Illinois.
Pui lj C0.11-MI SSI ON
rrE`TIl S 7: 30 P.P•?. , mG,NDAY 5/17/76
6/21/76
ZGN ING BOARD OF APPEALS
MEETING 7:30 P.M., TUESDAY 7/6/76
BOARD OF TRUSTEES MEETING 7: 30 P.M., TUESDAY 6/8/76
7/13/76
7/27/76
BOARD OF TRUSTEES MEETING 7:30 P.M. TUESDAY
(ORDINf-ANCE APPROVAL)
MAP OF AREA
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311 �IIL_ I1 t 51
•\ j r �s ..�
Page�.
Min of June 8, 1976
VI. EW BUSINESS (contin•ued)
PF.. Riccardo Nunziati - Resubdivision and Variation
Referred to Plan Commission June 21 , 1976 and Zoning Board
of Appeals July �6, 1976.
G. Butler Company_- Variation & Special Use- Parking -1308 Oak Brook Road
I
Referred to Plan Commission June 21 , 1976 and Zoning Board
of Appeals July 6, 1976.
VII. ADJOURNMENT Time 8:40 P.M.
Trustee Brown moved - seconded by Trustee Cerne. . .
That this meeting be adjourned.
Voice vote - all in favor So Ordered.
Respectfully submitted,
Marianne Lakosil
Village Clerk
6/8,/76 -5-
AMENDMENT TO FILED .� 1, 1976
Name of Applicant RICCARDO and BIANCA NUNZIATI Tele.No_ 323-3170
Address 641 West Chicago Ave. City Hinsdale ,_state Illinois 60521
HARRIS TRUST AND SAVINGS BANK, as Trustee
under Trust Agreement dated May ,1,c,le.Nt�. 461-2121
Owner of Record _6 1975 and kn�n as Trust No,� --_ ------
36331.
Address 111 West Monroe Street City Chicago State Illinois 60690.
{ zip)
Beneficiary (ies _ of 'trust:
Name RICCARDO NUNZIATI Address 641 West Chicago Avenue _
City Hinsdale State Illinois 60521 Tele.No. 323-3170
(zip)
Name BIANCA NUNZIATI Address 641 West Chicago Avenue
Hinsdale Illinois 60521 T
City State. Tele.L.o. - -------_
Relationship of Applicant to Property OWNER OF BENEFICIAL INTEREST
General location or address of property Vacant parcel located on the
East side of York Road between Ogden Avenue and 31st Street, (Legal
Description attached)
Received by::" n sz";f U $
(Village Clerk) (Date) (Amount)
ALL APPLICATIONS MUST BE ACCOIMPANIED BY PFZOPrP, FCC AND (_l5) COPI F S OF
PROPOSED SUBDIVISION.
FILING FEE: Preliminary Plat $ 15.00 (min_ or $1.00 per/1('
Final Plat $ 50.00 (+ plan review and
inspection fees)
1,1AIL TO: Village Clerk
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, 111. 60521
The application filed May 1, 1976 is
ed to request subdivision of 1 ',�
hereby amend q (Szc3nature Applicant)
the Property into two lots as set forth in
Part 4 of this Amendment __________^__
.------------------------ ------__-__-___-_____--___-------•-
APPLICANT SHOULD BE PRESENT AT 2IEE'1.iNC,S CHE'C, rJ:
Board of Trustees �'Ieetiz�g 7 : 30 P.M. `2ucsday
Plan Com-nission t•Ieet?_ncJ 7:
30 P.M 14onday l ± '
I_i t 197U
. SWDIVISIO,N IiT0R,_LALF*
is thO lMIA rrs(_- and I-mminr) -for aci :lccnE:
i
7onirrq District Land Use
N01-til
South 2 i
East �1ns�ALE
Ulest
2. Identify structures and other -improvements on the property.
3. Flood Pl a-i ns: __ _sq. feet are under .F1 ood Plain Ordinance 'and ar'
graphically depicted on attached plans. .
4. 1--'hat are the characteristics of t:he development?
Sizing by Land Use Catageory
50 foot
ROW
YORK ROAD
Residentiall—Commercial 0 en Space T Other Total
No. 0; 3. 975 0.1975 4. 172
Acres
173, 151 8603 .1 181754.1
1,10. of Sq. Ft.
No. of Lots 2 2
VILLAGE Or OAK BROOK
AN
**The North 387 . 9 feet (except the South 150 feet thereof)
as measured on the Fast line of Lot 1 of Graue' s Assess-
ment Plat No. 1, being a part of the West half of the
Southeast quarter of Section 36, Township 39 North, Range
11, East of the Third Principal Meridian, reference being
had to the record thereof, on February 11, 1944 as Docu-
ment 458793, in DuPage County, Illinois.
IT IS NECESSARY THAT THIS INFORMATION BE RECEIVED BY THE FIRST OF THE MONTH
FOR PUBLIC HEARING ON THE FIRST TUESDAY OF THE FOLLOWING MONTH.
MAIL TO: Village Clerk
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60521
(Silnatu=e of Applicant)
**The North 387 . 9 feet (except the South 150 feet thereof)
as measured on the East line of Lot 1 of Graue' s Assess-
ment Plat No. 1, being a part of the West half of the
Southeast quarter of Section 36, Township 39 North, Range
11, East of the Third Principal Meridian, reference being
had to the record thereof, on February 11, 1944 as Docu-
ment 458793, in DuPage County, Illinois.
0A
E k
e
G
O
9G �2
F
NOUN
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
May 18, 1976 654-2220
PRESIDENT & BOARD OF TRUSTEES
VILLAGE OF OAK BROOK
Re: Nunziati 's Resubdivision - Final Plat
Gentlemen:
At the regular meeting of the Plan Commission held on May 17,
1976 , the Plan Commission voted, by a vote of 6 to 1, to
recommend the approval of this one lot subdivision, waiving
street lights and sidewalks, provided that the chairman is
satisfied, prior to the presentation of the matter to the
Board of Trustees , that certain deficiencies and changes in
the plat as submitted have been made. Accordingly, the
surveyor is to redraw the plat, after which it will be again
reviewed by the Village staff and by me. When I have been
satisfied that the changes meet the requirements , I shall so
inform you.
For your information, the deficiencies to be corrected and
changes to be made are:
1. A dedication of 50 feet from the center line of
York Road, rather than 33 feet, which the applicant
agreed to do.
2. The angle of each corner should be noted, or else
bearings of each property line should be set forth.
3. The east property line should be noted as the
Village limit, and a no access designation imposed
on that line.
4. A reference distance should be noted, such as the
distance and bearing from the northwest corner of
the lot to a corner of section 36.
PRESIDENT & BOARD OF TRUSTEES
May 18, 1976
Page 2
5. A 10 foot easement for drainage and public utilities
should be provided along the east property line.
6 . Six foot easements for drainage and public utilities
should be provided along the north and south
property lines.
7. A 100 foot building set back line should be shown,
measured from the new front lot line after the 50
foot road dedication.
8. Plat certification should be removed because it
applies only to property outside Village limits.
9 . Sanitary district certification should be included,
in lieu of Oak Brook Utility Company reference in
the owner's certificate.
In addition, I am to be provided evidence that the 60 foot wide
private roadway easement that was shown in a prior plat, running
from York Road eastwardly to and across the east boundary of
this lot, has been vacated or otherwise eliminated. You may
remember that such easement was created in 1972 , and a gravel
road immediately constructed thereon, between the date of publica-
tion, and the effective date, of an ordinance of the Village
providing that roads within the Village could not be used solely
for the purpose of serving land outside the Village. Although
that easement has reportedly been abandoned, and the easement
was not shown on the plat submitted as an encumbering easement,
some of the members of the Plan Commission were of the opinion
that the easement is still in use in fact. Accordingly, the
chairman was instructed to examine such evidence as the owner
may have that the easement has been vacated of record.
Respectfully submitted,
Richard A. Barton
Chairman - Plan commission
lvg
PAGE -1-
VILLAGE OF OAK BROOK •
PLAN CO"IMISSION
File : Date of Meeting MaY 13, 1976
Applicant: RICCARDO NUNZIATI
Address :
City, State : Tel. No .
Prior Hearing: Yes No
Relief Sought: Preliminary Plat
x Final Plat
Rezoning
Special Use
Other
Decision: x Recommended Approval
Recommended Denial
Continued
Withdrai-m
Other
'lotion: See attached sheet
'MEMBERS : ABSENT PRESENT YES A:0 ABSTAIN
Chairman Barton x
John Bowman _ x x
Robert Listec ki _ x x
B . Jack Noyes x x
Barbara Reynolds x x
Harold Scott x x
E. Clifford Marquardt x
Recommendation of Staff: Date :
Referred to Date :
Respectfully yours ,
Chairman, Plan Copliftissiop.
Date :
RE: RICCARDO NUNZIATI (Subdivision Final Plat) - Motion
Member Scott moved that the Plan Commission
recommend approval to the Village Board
of the Nunziati ' s Plat of Subdivision provided
that the plan when redrawn and before pre-
sentation to the Village Board provides for 100
foot setback lines and complies with the re-
commendations of Mr. Littleton' s memo dated
May 17, 1976, wherein, Mr. Nunziati has agreed
to the points raised in said memo which the
Commission felt were necessary, being points
No. 1, 2, 3, which should include that a
no access strip be noted on the plat; 4, 5
and 6, which should also include the south property
line; 9, that the Chairman has to be satisfied
that there is a vacation of private easement
on survey, 10, 11, 12 and 13. Motion seconded
by member Listecki.
-- • ` Page 4 of .9 a
May 17, 197b._.__`-'
Pages
RICCARDO NUNZIATI - Subdivision Final Plat
Mr. Nick Batistich of Nick Batistich
Construction Company spoke on behalf of Mr. Nunziati. Mr. Nunziati
was also present.
Chairman Barton referred to a memo from Mr.
Littleton, dated May 17, 1976 and
each point with Mr. Batistich, proceeded to go through
Point No. 1 - Mr. Batistich stated that with
regard to the York Road right of way dedication they would
be willing to dedicate 50 feet rather than the 33 feet as
indicated on the plat.
Point No. 2 - Developer is willing to note the
angles at all corner, or in lieu thereof, bearings of each
property line should be noted.
Point No. 3 - They were willing
east property line and agreed to no access on thew eastern
boundary.
Point No. 4 - They stated they would note the
distance from northwest corner of Lot 1 to centerline
Section 36.
Point No. 5 - They agreed to a ten foot easement
for drainage and public utilities along the east property line.
Point No. 6 - They agreed to a six foot easement
for drainage and public utilities along the north and south
property line.
Point No. 7 - The Commission member felt that
a bicycle easement was not necessary along
of York Road, since there is adequate right-of-wart side
y provided.
Point No. 8 - The Commission members felt that
they will not ask Mr. Nunziati to put
street trees in 2-1/2 inch caliper
, but would leave this to his good taste.
Point No. 9 - It was noted that an earlier
Plat of survey indicated a sixty foot private roadway along
the south side of this lot. Member Reynolds stated that she
would like to see this off of the final plat. Chairman
page 5 of 9 Pages
May 17, 197i7+
Barton asked if the title policy shows that the roadway was
vacated. Mr. Batistich did not have the policy with him,
but stated that this was vacated. Mr. Nunziati stated that
this question has been discussed between his attorney and
the Village Attorney and believed that it was resolved. He
stated that he would get this information to the Village
tomorrow . Chairman Barton stated that if the title report
did not show this roadway as being vacated, that the report
then be brought up to date.
Point No. 10 - It was pointed out to Mr. Batistich
that the name "Oak Brook Utility Co . " is stated on the Owners
Certificate and since this company no longer exists should
be removed. They agreed to do so.
Point No. 11 - It was noted that since this
property is within the village limits, that there is no
need for Plat certification. Mr. Batistich stated that
this will be removed.
Point No. 12 - They stated that they would
include the sanitary District certificate.
Point No. 13 - Mr. Batistich did not have any
objection to the waiving of street lights and sidewalks .
Chairman Barton then asked if there was anyone
in the audience who either wished to speak in favor of or
against the proposal and no one spoke.
Member Reynolds stated that the building lines
should be indicated and that the plat should show 100
foot setback lines.
Member Reynolds stated that she would like to
see the items discussed this' evening put on a final plat
before the Commission makes a recommendation.
Member Scott moved that the Plan Commission
recommend approval to the Village Board of the
Nunziati's Plat of Subdivision provided that
the plan when redrawn and before presentation
to the Village Board provides for 100 foot
setback lines and complies with the recommendations
of Mr. Littleton' s memo dated May 17, 1976,
wherein Mr. Nunziati has agreed to the points
raised in said memo which the Commission felt
Page 6 of 9 Pages
May 17, 1976
i
were necessary, being points No. 1, 2, 3,
which should include that a no access strip be
noted on the plat; 4. 5 and 61 which should
also include the south property line; 9, that
the Chairman has to be satisfied that there
is a vacation of private easement on survey,
10, 11, 12 and 13. Motion seconded by member
Listecki.
Voice Vote : Ayes : Bowman Nays: Reynolds
Listecki
Noyes Absent: None
Scott
Marquardt
Motion carried.
MEMO FROM: Bureau of Inspections
SUBJECT: Nunziati' s Resubdivision
ZONING: R-1
Application for building permit was made on 4/14/76
for a single family residence to be built for Riccardo
Nunziati by Nick Batistich Construction Company on a
4 Acre parcel at 3505 South York Road.
Review of documents indicated site plan was not pre-
viously subdivided as required by Section 1 of the Oak
Brook Building Code G-160:
"C. No permit may be issued on any unrecorded lot
or tract of land until such lot or tract has
been surveyed, platted, and filed in the
Recorder' s Office as required by statutes."
The County Plat Book, Southeast a Section 36 shows this
proposed resubdivision to still be part of Lot 1 of
Graue' s Assessment Plat which is 21.495 'Acres.
Right-of-Way line is now the property line and York
Road has a 100 ' setback from the property line.
There is no indication of what the 50' X 100' dashed
area is.
This type of Subdivision is commonly referred to as a
"housekeeping matter".
Respectfully,
� L�.
Aruur H. Ehle
Building commissioner
ML
VILLAGE OF Qi\K BlZOO :
PL 10 OF SUBDIVISION APPLICATI�
/?
Name of Applican t C c 1� ? D o T/ Tele.No.
Address
�% (�,1/GQ <Dle City /l1S�/�� State
�- (zip)
Owner of Record Tele.No.
Address City State
(zip)
Beneficiary CSE of Trust: /
Nam? `�� i � A1Z.11/J'1A%/ Address �'l� � l/ �c�� A VL
City /✓_5 E.�=- State ��L.. _ Tele.No.3-V 3j 7C
(zip)
Name Address
City State Tele.No. �I
Relationship of Applicant to Property
General location or address of property
Ale
F tro
Received y
(Village Clerk) (Date) (Amount)
ALL APPLICATIONS MUST BE ACCOMPANIED BY PROPER FEE AND (15) COPIES OF
PROPOSED SUBDIVISION.
FILING_ FEE: Preliminary Plat $ 15.00 (min. or $1.00 per/lo
Final Plat $ 50.00 (+ plan review and
inspection fees)
MAIL TO: Village Clerk
Village of Oak Brook-
1200 Oak Brook Road
Oak Brook, Ill. 60521
(Signature of Applicant)
APPLICANT SHOULD BE PRESENT AT MEETINGS CHECKED:
Board of Trustees Meeting 7: 30 P.M. Tuesday 5 11 7 6
P.M. `7 l
Plan Commission Meeting 7:30 M Monday � C 7 _
Board of Trustees Meeting 7: 30 P.M. Tuesdav '�
1 �t ._�',;._ Sri Jr•1:. a .uJ;.
SUBDIVISION INFORMATION
1 . !•that is the land use and zoning for adjacent property?
Zoning District Land Use
North /G 12 .S i�I�'�►T,�
.r
South
Last �r
West
2. Identify structures and other improvements on the property.
3. Flood Plains: -- sq. feet are under .Flood Plain Ordinance and arc
graphically depicted on attached plans.
4. What are the characteristics of the development? ,
Sizing by Land Use Catageory.
Residential Commercial
Open Space Other Total
No. of acres
No. of Sq. Ft.
_ s
tdo. of Loos
PASSED AND APPROVED this day of 1976.
APPROVED:
is
regi'dent
ATTEST:
Village Clerk
AYES: 7
NAYS: C`
ABSENT: C",
t
APPROVED AS TO FORM:
Yv
llaae7 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 -'`day of Q:�CL 1976 .
Village Clerk
EXHIBIT A
The North 387.9 feet (except the South 150 feet
thereof) measured on the East line,. of Lot l of
Graue 's Assessment Plat #1, being a part of the
West half of the Southeast Quarter of Section
36, Township 39 North, Range 11, East of the
Third Principal Meridian, reference being had
to the record thereof, on February 11, 1944,
as Document 458793, in DuPage County, Illinois.
F