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S-1340 - 06/12/2012 - ZONING - OrdinancesORDINANCE 2012- ZO- V -EX -S -1340 AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF SECTION 13-3 -5 AND SECTION 13- 6C -3F.2 OF TITLE 13 (`ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO SETBACK REQUIREMENTS AT 606 MIDWEST CLUB PARKWAY IN THE VILLAGE OF OAK BROOK (PIN: 06 -33- 201 -007) WHEREAS, an application has been filed by the owners of the property located at 606 Midwest Club Parkway, Oak Brook, Illinois and legally described in Exhibit A attached hereto and incorporated herein ( "Property'), Paula Lapinski and Jose Rios (collectively, the "Petitioners "), requesting variations from Sections 13 -3 -5 and 13- 6C -3F.2 of the "Zoning Ordinance of the Village of Oak Brook," as amended ( "Zoning Regulations "), to allow for the construction of an addition ( "Addition ") within the Required Setbacks on the Property ( "Variations"); and WHEREAS, the Property is located in the R -3 Single - Family Detached Residence District ( "R -3 District'); and WHEREAS, Section 13 -3 -5 of the Zoning Regulations requires properties located along Oak Brook Road (31� Street) to not be less than 110 feet as measured from the section lines ( "Oak Brook Road Setback Requirement'); and WHEREAS, Section 13- 6C -3F.2 of the Zoning Regulations requires properties located within the R -3 District to have a side -yard setback of not less than 12 feet in depth ( "Side -Yard Setback Requirement') (collectively, with the Oak Brook Road Setback Requirement, the "Required Setbacks "); and WHEREAS, the Addition will encroach into the Oak Brook Road Setback Requirement by approximately seven feet and encroach in the Side -Yard Setback Requirement by approximately two feet; and WHEREAS, on May 1, 2012, the Oak Brook Zoning Board of Appeals conducted a public hearing on the request for the Variations, pursuant to due and appropriate legal notice; and WHEREAS, after the close of the public hearing, the Zoning Board of Appeals found that the Petitioners satisfactorily addressed the factors set forth in Section 13 -14 -6D of the Zoning Regulations required for approval of the Variations and recommended approval of the Variations subject to certain conditions; and WHEREAS, the President and Board of Trustees have reviewed the recommendation of the Zoning Board of Appeals and deem the Variations as set forth below to be in the best interests of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows: Section 1. Recitals. The foregoing recitals are restated and incorporated herein as the findings of the President and Board of Trustees. Ordinance 2012- ZO- V -EX -S -1340 Grnting. Variations from Section 13 -3 -5 and 13- 6C -3F.2 of Title 13 For 606 Midwest Club Parkway — 06 -33- 201 -007 Page 2 of 10 Section 2. Grant of Variations. Pursuant to the standards set forth in Section 13 -14-6D of the Zoning Regulations, and subject to and contingent upon the conditions set forth in Section 3 of this Ordinance, the Petitioners are hereby granted variations from Sections 13 -3 -5 and Section 13- 6C -3.F2 of the Zoning Regulations to allow the Addition to encroach into the Oak Brook Road Setback Requirement by approximately seven feet and into the Side -Yard Setback Requirement by approximately two feet. Section 3. Conditions. The approval granted in Section 2 of this Ordinance is expressly subject to and contingent upon each of the following conditions: A. Substantial Conformance with Plans. The Addition shall be constructed in substantial conformance with the approved plans dated March 23, 2012 attached hereto and incorporated herein as Exhibit B, B. Compliance with Zoning Regulations and Village Code. The Petitioners shall comply with the Zoning Regulations and all of the provisions contained in the 'Village Code of the Village of Oak Brook, Illinois," as amended, that are in effect on the date that the Petitioners submit their building permit application to the Village except as specifically varied or waived; and C. Compliance with Applicable Law. In addition to the other specific requirements of this Ordinance, the Property, the Addition, and all of the Petitioners' operations and activities conducted on and in the Property, must comply at all times with all applicable federal, state, and Village statutes, ordinances, resolutions, rules, codes, and regulations. Section 4. Failure to Comply with Conditions. Upon failure or refusal of the Petitioners to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the Variations granted in Section 2 of this Ordinance will, at the sole discretion of the President and Board of Trustees, by ordinance duly adopted, be revoked and become null and void. Section 5. Binding Effect. This Ordinance and the privileges, obligations, and provisions contained herein shall inure solely to the benefit of, and be binding upon, the Petitioners and any and all of the Petitioners' heirs, successors, and assigns, and upon any and all current and successor legal or beneficial owners of all or any portion of the Property. Section 6. Severability. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this Ordinance. Section 7. Effective Date. A. This Ordinance will be effective only upon the occurrence of all of the following events: i. Passage by the President and Board of Trustees of the Village of Oak Brook in the manner required by law; ii. Publication in pamphlet form in the manner required by law; and iii. The filing by the Petitioners with the Village Clerk, for recording in the Office of the DuPage County Recorder of Deeds, of an unconditional agreement and consent to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance. The unconditional agreement and consent must be executed by the Petitioners. The unconditional agreement and consent must be substantially in the form attached hereto and incorporated herein as Exhibit C. B. In the event that the Petitioners do not file with the Village Clerk the unconditional agreement and consent required by Paragraph 7.A.(iii) of this Ordinance within 60 days after the date of Ordinance 2012- ZO- V -EX -S -1340 Grnting. Variations from Section 13 -3 -5 and 13- 6C -3F.2 of Title 13 For 606 Midwest Club Parkway — 06-33- 201 -007 Page 3 o 10 final passage of this Ordinance, the Board of Trustees of Trustees will have the right, in their sole discretion, to declare this Ordinance null and void and of no force or effect. [SIGNATURE PAGE FOLLOWS] APPROVED THIS 12th day of June, 2012. PASSED THIS 12th day of June, 2012. Trustees Aktpis, Manzo, None Ordinance 2012- ZO- V -EX -S -1340 Gmting. Variations from Section 13 -3-5 and 13- 6C -3F.2 of Title 13 For 606 Midwest Club Parkway — 06 -33- 201 -007 Page 4 of 10 Village President , Wolin, Yusuf and Zannis ATTEST: �� ,, �^ _ // ��r 4 V� Charlotte K. Pruss Village Clerk EXHIBIT A LEGAL DESCRIPTION Property: Ordinance 2012- ZO- V -EX -S -1340 Grnting, Variations from Section 13 -3 -5 and 13- 6C -3F.2 of Title 13 For 606 Midwest Club Parkway — 06- 33-201 -007 Page 5 of 10 LOT 40 AND AN UNDIVIDED 1/220TH INTEREST IN LOT 221 IN THE MIDWEST CLUB PHASE 1, BEING A SUBDIVISION OF PART OF THE NORTH HALF OF SECTION 33, AND THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 6, 1978 AS DOCUMENT R78- 116577, IN DUPAGE COUNTY, ILLINOIS. Commonly known as 606 Midwest Club Parkway, Oak Brook, IL PIN: 06 -33- 201 -007 N as03'II'Ae^�9ib m �t�n� 4 !�1 amP!p'tIA rl �wvbwoevw�WVss t I \II / UE q 7 / r i. I I / 21 Oi (n Xo' wf �tt II \ T j z OIS ZI \\ OWU \� Qm dF WI NWZ worco a o u > O �� mm 9 Q U-- w Ordinance 2012- ZO- V -EX -S -1340 Grnting. Variations from Section 13 -3 -5 and 13- 6C -3F.2 of Title 13 For 606 Midwest Club Parkway — 06- 33-201 -007 Page 6 of 10 Exhibit B Site Plan Ordinance 2012- ZO- V -EX -S -1340 Grnting. Variations from Section 13 -3 -5 and 13- 6C -3F.2 of Title 13 For 606 Midwest Club Parkway — 06 -33- 201 -007 Page 7 of 10 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Oak Brook, Illinois ( "Village ") WHEREAS, an application was filed by the owners Paula Lapinski and Jose Rios ( "Owners) requesting variations to allow the construction of an addition to encroach into the Required Setback of Oak Brook Road by approximately seven feet and into the side yard by approximately two feet on the property located at 606 Midwest Club Parkway, Oak Brook, Illinois and legally described in Exhibit 1 attached hereto ( "Property'); and WHEREAS, Ordinance No. 2012- ZO- V -EX -S -1340, adopted by the President and Board of Trustees of the Village of Oak Brook on June 12, 2012, ( "Ordinance ") grants approval of variations, subject to certain modifications, conditions, restrictions, and provisions; and WHEREAS, Subsection 7 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the Owners file this Unconditional Agreement and Consent with the Village Clerk and consent to accept and abide by each of the terms, conditions and limitations set forth in the Ordinance; NOW, THEREFORE, the Owners do hereby agree and covenant as follows: 1. The Owners hereby unconditionally agree to accept, consent to, and abide by all of the terms, conditions, restrictions, and provisions of the Ordinance. 2. The Owners acknowledge and agree that: (i) public notices and hearings have been properly given and held with respect to the adoption of the Ordinance; (ii) the Owners have considered the possibility that the variations granted by the Ordinance may be revoked if the Owners do not comply with the Ordinance; and (iii) the Owners agree not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. The Owners acknowledge and agree that the Village is not and will not be, in any way, liable for any damages or injuries that may be sustained as a result of the Village's issuance of any permits for the construction or use of the addition on the Property, and that the Village's issuance of any such permit does not, and will not, in any way, be deemed to insure the Owners against damage or injury of any kind and at anytime. 4. The Owners agree to and do hereby hold harmless and indemnify the Village, the Village's corporate authorities, and all Village elected and appointed officials, officers, employees, agents, representatives, and attorneys, from any and all claims that may, at any time, be asserted against any such parties in connection with the construction, operation, and use of the addition, the Property, or the Village's adoption of the Ordinance. 5. The restrictions imposed by this Unconditional Agreement and Consent shall be restrictions running with the land and shall be binding upon and inure to the benefit of the Owners and their heirs, successors, assigns, agents, licensees, lessees, invitees, and representatives, including, without limitation, all subsequent owners of the Property, or any portion thereof, and all persons claiming under them to the extent provided in this Unconditional Agreement and Consent. If any of the privileges or rights created by this Unconditional Agreement and Consent would otherwise be unlawful or void for violation of (1) the rule against perpetuities or some analogous statutory provision, (2) the rule restricting restraints on alienation, or (3) any other statutory or common law rules imposing time limits, then the affected privilege or right shall continue only until 21 years after the death of the last survivor of the now Ordinance 2012- ZO- V -EX -S -1340 Grnting. Variations from Section 13 -3 -5 and 13- 6C -3F.2 of Title 13 For 606 Midwest Club Parkway — 06 -33- 201 -007 Page 8 of 10 living lawful descendants of the current President of the United States, or for any shorter period that may be required to sustain the validity of the affected privilege or right. 6. This Unconditional Agreement and Consent may not be amended, modified, released or annulled except upon the express, prior written approval of the Village of Oak Brook. [SIGNATURE PAGE FOLLOWS] Ordinance 2012- ZO- V -EX -S -1340 Grnting. Variations from Section 13 -3 -5 and 13- 6C -3F.2 of Title 13 For 606 Midwest Club Parkway — 06 -33- 201 -007 Page 9 of 10 IN WITNESS WHEREOF, Paula Lapinski executed this Unconditional Agreement and Consent this a ay of JU u6 2012 Lapinski r' State of Illinois County of DuPage I, 6347 / A /a naIC a Notary Public in and for the County and State aforesaid do hereby certify that Paula Lapinski, personally known to me, and that she appeared before me this 914--day of Jugue 2012, and acknowledged that she personally executed this instrument. OFFICIALSEAL NEK �� 7, / GNL POLANEK / /Z��r.� Notary Public - State of Illinois Notary Public My Commission Expires Jul 12, 2014 Seal IN WITNESS WHEREOF, Jose Rios executed this Unconditional Agreement and Consent this a g� day of Jut-tF '2012 N ios State of Illinois County of DuPage I, ' / O'O �- As✓cic— a Notary Public in and for the County and State aforesaid do hereby certify that Jose Rios, personally known to me, and that he appeared before me this P4+k- day of , 2012, and acknowledged that he personally executed this instrument, OFFICIAL SEAL GAIL POLANEK Notary Public Nolmy Pudic - Side of lffwb My Commission Expires Jul 12, 2014 Ordinance 2012- ZO- V -EX -S -1340 Grnting. Variations from Section 13 -3 -5 and 13- 6C -3F.2 of Title 13 For 606 Midwest Club Parkway — 06 -33- 201 -007 Page 10 of 10 Seal EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT LEGAL DESCRIPTION Property: LOT 40 AND AN UNDIVIDED 1/220TH INTEREST IN LOT 221 IN THE MIDWEST CLUB PHASE 1, BEING A SUBDIVISION OF PART OF THE NORTH HALF OF SECTION 33, AND THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 6, 1978 AS DOCUMENT R78- 116577, IN DUPAGE COUNTY, ILLINOIS. Commonly known as 606 Midwest Club Parkway, Oak Brook, IL PIN: 06- 33- 201 -007 DUPAGEI AUG.10,2012 OTHER 014 PAGES (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, IL 60523 -2255 RECORDED DOCUMENT TITLE PAGE NTY RECORDER 9:56 AM 06- 33- 201- 007 R2012-104985 Property Address /es 606 Midwest Club Parkway, Oak Brook, Illinois 60523 If vacant land, so state and list nearest cross streets) PIN No(s). Name and Address of Applicant: Paula Lapinski and Jose Rios 606 Midwest Club Parkway Oak Brook, IL 60523 Name and Address of Responsible: Same Party to Receive Copy of Recorded Document and Billing John Stanton Stanton Architects, Inc. 2310 Plainfield Road Crest Hill, IL 60403 G/L Account to be charged: -1365 Prepared By and Return to: Village of Oak Brook 1200 Oak Brook Road ak Brook, Illinois 60523- 255 Name & Address of Recipient N/A of Consideration (when applicable): G/L Account to be charged: STATE OF ILLINOIS ) ) SS. COUNTIES OF COOK AND DUPAGE ) I, Charlotte K. Pruss, do hereby certify that I am the duly elected and acting Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois. I DO FURTHER CERTIFY that on .Tune 12, 2012 the corporate authorities of the above municipality passed and approved: ORDINANCE 2012- ZO- V -EX -S -1340 AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF SECTION 13 -3 -5 AND SECTION 13- 6C -3F.2 OF TITLE 13 ( "ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO SETBACK REQUIREMENTS AT 606 MIDWEST CLUB PARKWAY IN THE VILLAGE OF OAK BROOK I DO FURTHER CERTIFY that the original document, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same. I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties, Illinois. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 9th day of August , 2012 Charlotte K. Pruss Village Clerk Village of Oak Brook DuPage and Cook Counties, Illinois LAPINSKI-RIOS 606 MIDWEST CLUB PARKWAY Variation- Side Yard and Rear Yard(Oak Brook Road) Setbacks INDEX PAGE CONTENTS 11-11.a Memorandum from Director of Community Development Kallien-Village Board Agenda- May 22, 2012 10-10.a Recommendation Letter from Zoning Board of Appeals dated May 16, 2012 9-9.d Zoning Board of Appeals Meeting Minutes dated May 1, 2012 8-8.b Staff Report from Director of Community Development Kallien—dated April 23 2012 7 Memorandum from Village Engineer Hullihan—dated April 11, 2012 6 Aerial View of Site 5 Resident Letter dated April 13, 2012 4 Certificate of Publication dated April 12, 2012 3 Board of Trustees Meeting Minutes dated April 10, 2012 2 Referral Memo—Board of Trustees Agenda dated April 10, 2012 1-1.a Zoning Regulations—Setbacks Along Streets—Section 13-3-5 and Section 13-3-6C-3F-2. Side Yard Setback PAGE CONTENTS A Petition Application B Letter of Explanation C-C.1 Variation Standards D-D.1 Midwest Club Homeowner Association Approval Letter dated March 20, 2012 E Fee/Receipt F Certification of Surrounding Property Owners G-G.1 Surrounding Property Owners List H-H.1 Subject Property Verification with Legal Description I-1.1 Proposed Site Plan and Ext0erior Sketches revision dated March 23, 2012 (Sheet Al and A2) (Included-Not Attached) J Plat of Survey(Included-Not Attached) PGA OF 04,t49 v O v 0 � o y I �OUNTV, AGENDA ITEM Regular Board of Trustees Meeting of May 22, 2012 SUBJECT: Lapinski and Rios—606 Midwest Club Parkway—Variations—Setbacks FROM: Robert L. Kallien, Jr., AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to concur with the recommendation from the Zoning Board of Appeals and approve the requested variations to Sections 13-6C-3F.2 to allow a two (2) foot encroachment into the required 12 foot side yard setback and 13-3-5 to allow a seven (7) foot encroachment into the required 60 foot rear yard setback to permit the construction of an addition to an existing single-family home at 606 Midwest Club Parkway subject to the following conditions; 1. The proposed building addition shall be constructed in substantial conformance to the approved plans dated March 23,2012. 2. Add the condition "Notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived "; and Authorize the Village Attorney to prepare the necessary ordinance for final consideration at the June 12,2012 Board of Trustees meeting. Background/History: At its meeting on May 1, 2012, the Zoning Board of Appeals held the required public hearing and completed its review and deliberations on a petition from Paula Lapinski and Jose Rios, the owners of the property located at 606 Midwest Club Parkway, seeking approval of several variations in order to construct an addition to their existing single-family home. The proposed addition to the home would add a fourth garage bay which would require; a two (2) foot encroachment into the required 12 foot side yard setback (Section 13-6C-3F.2) and a seven (7) foot encroachment into the required 60 foot rear yard setback (13-3-5). Normally, residential lots that are zoned R-3 require a forty (40) foot rear yard setback. However, because the lot at 606 Midwest Club Parkway abuts Oak Brook Road (31St Street) an extraordinary setback provision exists which requires a setback of 110 feet from the centerline of the road. The Midwest Club Homeowner Association has approved the proposed design and location of the addition.No objections were received from any of the surrounding neighbors. Recommendation: By a vote of 5 to 1, the Zoning Board of Appeals reviewed the standards required for a approval of a variation and found that the applicant had satisfactorily addressed those standards and recommended approval of the requested variations subject to the following conditions: 1. The proposed building additions shall be constructed in substantial conformance to the approved plans dated March 23, 2012. 2. Add the condition "Notwithstanding the attached exhibits, the applicant shall meet all . Village Ordinance requirements at the time of building permit application except as specifically varied or waived." Staff Comment: In addition to making a final recommendation on the above referenced variation requests for the property at 606 Midwest Club Parkway, the Zoning Board requested that the Village Board reconsider a "still tabled" zoning case that related to amending the extraordinary setback provisions that still affect residential properties that abut Oak Brook Road, York Road(north of Oak Brook Road) and 22"d Street. Page 2 JAI-FROM BOB\Bot-PC-ZBAWT-Rec-606 Midwest Club Parkway-VAR-May2012.doc //� 6E OF 04'1 • � 90 � � O � f A A o - 9`F OIUNT . May 16, 2012 Village of Village President and Board of Trustees Oak Brook Village of Oak Brook 1200 Oak Brook Road 1200 Oak Brook Road Oak Brook,IL 60523-2255 Oak Brook, IL 60523 Website www.oak-brook.org SUBJECT: Lapinski and Rios—606 Midwest Club Parkway—Variations—Setbacks Administration 630.368.5000 Dear Village President and Board of Trustees: FAX 630.368.5045 Community Background Development At its meeting on May 1, 2012, the Zoning Board of Appeals held the required public 63030.36 15 hearing d completed its review and deliberations on a petition from Paula Lapinski FAX 630.368.5128 g p p p and Jose Rios, the owners of the property located at 606 Midwest Club Parkway, Engineering seeking approval of several variations in order to construct an addition to their existing Department single-family home. 630.368.5130 FAX 630.368.5128 The proposed addition to the home would add a fourth garage bay which would Fire Department require; a two (2) foot encroachment into the required 12 foot side yard setback 630.368.5200 (Section 13-6C-3F.2) and a seven (7) foot encroachment into the required 60 foot rear FAX 630.368.5250 yard setback (13-3-5). Normally, residential lots that are zoned R-3 require a forty Police Department (40) foot rear yard setback. However, because the lot at 606 Midwest Club Parkway 630.368.8700 abuts Oak Brook Road (31St Street) an extraordinary setback provision exists which FAX 630.368.8739 requires a setback of 110 feet from the centerline of the road. Public Works Department Public Comment 630.368.5270 All interested parties were notified of the public hearing. No one spoke in opposition FAX 630.368.5295 to or in support of the request. However, the Zoning Board was in receipt of a letter from the Midwest Club Board of Directors approving the requested location and Oak Brook design of the proposed addition. Public Library 600 Oak Brook Road Recommendation Oak Brook,IL 60523-2200 The Zoning Board reviewed the standards required for approval of a variation and 630.368.7700 found that the applicant had satisfactorily addressed those standards. However, a FAX 630.368.7704 member of the Zoning Board expressed some concern that the variation was being Oak Brook Sports Core sought to add a fourth garage to the home. The members also considered that the style of the large architectural overhang contributed to the need for the side yard variation. Bath&Tennis Club 700 Oak Brook Road By a vote of 5 to 1, the Zoning Board of Appeals recommended approval of the Oak Brook,IL 60523-4600 requested variations to allow a two (2) foot encroachment into the required 12 foot 630.368.6420 side and setback Section 13-6C-3F.2 and a seven 7 foot encroachment into the FAX 630.368.6439 3' ( ) ( ) required 60 foot rear yard setback(13-3-5), subject to the following conditions: Golf Club 2606 York Road 1. The proposed building additions shall be constructed in substantial Oak Brook,IL 60523-4602 conformance to the approved plans dated March 23, 2012. 630.368.6400 FAX 630.368.6419 /O. May 16,2012 Village President and Board of Trustees RE: Lapinski and Rios—606 Midwest Club Parkway—Variations Page 2 2. Add the condition "Notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived." Very truly yours, NOTE:Acting Chairman Savino has reviewed and verbally approved the content of this letter pending his signature. The signed original will be placed in the official file upon receipt. Al Savino Acting Chairman Zoning Board of Appeals ZBAChairletter-606Midwest Club Parkway-VAR-May2012.doc 0(9 LAPINSKI AND RIOS — 606 MIDWEST CLUB PARKWAY - LAPINSKI AND RIOS -606 MIDWEST VARIATION — SIDE YARD SETBACK AND REAR YARD SETBACK CLUB -VARIATION (OAK BROOK ROAD) — TO ALLOW THE CONSTRUCTION OF AN -SETBACKS AND OAK BROOK ADDITION ROAD -TO ALLOW AN ADDITION Acting Chairman Savino swore in those that testified at this hearing. John Stanton, Architect represented the homeowners, Drs. Lapinski and Rios, who were unable to attend the meeting due to an emergency. He said that they had been living in the home for 10 years, loved the area and do not intend to move. They are seeking to make improvements to their home by adding an addition in order to keep the cars off the driveway. In doing so, they were looking to minimize the encroachment into the setbacks. They are seeking to reduce the side yard setback from 12 to 10 feet and to reduce the rear yard (Oak Brook Road) setback from 60 feet to 53 feet. Typically R-3 zoned properties have a 40 foot rear yard setback. However, since their property backs up to Oak Brook Road,the setback is 110 feet from the center line of the road. They reviewed many different options to be able to accommodate the garage and worked closely with the Midwest Club Board and it's architectural review committee staff architect. What had been presented to the Zoning Board was highly recommended by their homeowner association board and were approved and resulted in the encroachment of the setbacks. The idea of his client was to keep the cars off the driveway and beautify the home. Mr. Stanton addressed the required variation as follows: 1. a. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located. RESPONSE: Due to the configuration of the house and lot, the fourth garage bay addition is not possible with applied restrictions, however this improvement would enhance the overall appearance of the neighborhood by storing the cars off the driveway. 1. b. The plight of the owner is due to unique circumstances. RESPONSE: The unusual shape of the house with the large overhang setting on a complex lot shape will incur insurmountable costs to fit the garage addition with the required setbacks. Several options were evaluated and and it was not feasible for the style integrity as well as the architectural continuity of VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 9 of 18 May 1, 2012 the home. Several options would have caused a garage teardown and rebuild, which for a minimal request would be a huge offset in costs and for much more improved addition with continuous harmony of the home. 1. c. The variation, if granted, will actually help develop this property to be more comparable in quality and appearance with the existing newer homes and would enhance the surrounding area. RESPONSE: The proposed addition will greatly minimize the plight of extra cars overcrowding the driveway. The landscaped berm with trees and shrubberies will not be altered and the unsightly parking pad on the east side of the garage will be replaced with the newly enclosed garage. The trees to the. southeast comer will not be altered as well. 2. a. The particular physical surroundings, shape, or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out. RESPONSE: Without tearing down the house there are no other physical options to place the fourth car garage.. 2. b. The condition upon which the petition for variation is based would not be applicable generally to the other property within the same zoning classification. RESPONSE: The lot and the house are unique and with the complexity of both, the house at the time of construction blended well with the site. Without invading the originality of the home structure, the fourth garage bay is designed to complement the symmetry of the three garage doors. This symmetry could not be realized if they adhere to the setback restrictions. 2. c. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. RESPONSE: The addition is an improvement to the overall appearance of having less cars parked on the driveway exposing to the easterly neighbor. The extra open parking will be replaced with this new addition to house the cars otherwise left out. 2. d. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 10 of 18 May 1, 2012 • • RESPONSE: The roof lines will be maintained and not impede the supply of air not light from adjacent property. Also the new structure will not restrict the required access for public safety nor will it impair property values. 2. e. That the purpose of the variation is not based exclusively upon a desire to make more money out of the property RESPONSE: This improved addition is actually benefitting the surrounding neighbors so to improve the quality of having minimal cars parked exposed for a period of time on the driveway. 2. f. That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. RESPONSE: The nature of the house design was to capture the beautiful view of the landscaped pond situated at the side yard facing East in place of the planned rear yard. The rear yard buffering Oak Brook Road could not be optimized due to the shape, so the house was shifted westerly to create more usable back yard thus unknowingly restricting space for the proposed fourth garage bay. No one in the audience spoke in support of or in opposition to the request. Acting Chairman Savino asked if there was any correspondence from the homeowner association regarding the cars being left out. Mr. Stanton could not respond because he didn't have any knowledge whether they had received any correspondence. Director of Community Development Kallien noted that in the case file there was a letter from the homeowner association approving the request and it was noted that at no time is parking allowed in any of the cul de sac circles. If there are guests they are required to park on the driveway. There are a number of houses in the subdivision with very large driveways and an ample number of garage spaces. Member Cappetta asked whether anything had been heard from the next door neighbor. Ms. Polanek responded that the Village did not receive any complaints or phone calls regarding this request. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 11 of 18 May 1, 2012 9s. Director of Community Development Kallien added that the homeowner association takes their review process seriously and they adhere to very strict requirements. Midwest Club is one of the few subdivisions that actually imposes a maximum buildable land area and requires a specific amount of open space that goes beyond Village requirements. Member Nimry noted that some subdivisions to not allow storing or parking of cars on driveways for more than 3 days. Trinity Lakes does not allow it. Mr. Stanton noted that the overhang is very large and the corner of the garage on the west side actually goes over the setback just a few inches. They tried to shorten the overhang and the architectural review committee required that the overhang be uniform with the rest of the house. In the rear yard it was the continuation of the garage in order to keep it uniform and overall consistent with the design. A small portion of the garage sticks over the setback. The committee said that they were very strict on making sure that the homes in Midwest Club are very uniform so that it does not look tacky when an addition is added. They worked very diligently in order to get the homeowner association approval. Acting Chairman Savino asked that by changing the overhang so that it did not go over the setback would not have been approved by the architectural review committee. Mr. Stanton responded that they had offered that option to them; however, their architect recognized the difference and said that did not conform to their standards. Acting Chairman Savino said that he struggled with the hardship of needing a fourth garage. Member Young echoed the same sentiment. He noted that it would have been helpful to have the homeowners present to make their case in person and recommended they be present when the matter goes to the Village Board. Member Ziemer asked if the proposed garage would affect the driveway pavement so that it would go closer to the adjacent neighbor's house. Mr. Stanton responded that it would be very slight and there would be some adjustments to the pavement. There was a discussion to continue the matter so that the homeowner could be VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 12 of 18 May 1, 2012 r present to answer questions. Director of Community Development Kallien asked what the setback of the garage addition minus the peak. Because the footprint appears to be within,the current buildable area of the side yard. The rear yard does have the issue of the extraordinary setback. Mr. Stanton responded that it is roughly 3-6 inches, and is due to the spacing between the garage doors and was required to have the same spacing as the other doors. The overhang is about 36 inches. Member Bulin noted that the actual peak is not the problem it is at the corner of the garage. Mr. Stanton said that he was not speaking for the homeowner, but Dr. Rios races cars as a hobby and wants to store it there. They also mentioned that with the four children, one day they would be having cars as well and knew they were going to have car and storage problems as the family grows. Member Bulin said that variations have been granted previously due to eave problems in the past and this appears to be insignificant compared to others. In that the Midwest Club architectural review committee has already approved it, they are much more stringent on their requirements. There was a discussion and review of the setback area shown on page I of the case file. Acting Chairman Savino said that the standards had been addressed in their testimony and in writing on page C of the case file. Motion by Member Bulin, seconded by member Nimry to recommend approval of requested variation to allow to allow a two (2) foot encroachment into the required 12 foot side yard setback and a seven (7) foot encroachment into the required 60 foot rear yard setback subject to the following conditions: 1. That the proposed addition shall be constructed in substantial conformation to the approved plans dated March 23, 2012. 2. Notwithstanding the attached exhibits the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived. ROLL CALL VOTE: Ayes: 5 — Members Bulin, Cappetta,Nimry, Young and Ziemer Nays: 1 — Acting Chairman Savino Member Absent: 1 — Chairman Davis. Motion carried. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 13 of 18 May 1, 2012 9,� VILLAGE OF OAK BROOK Zoning Board of Appeals STAFF REPORT DATE: April 23, 2012 CASE NOS: 2012-05-ZO-VAR DESCRIPTION: Variations — To Section 13-6C-3F.2 to reduce a required side yard and 13-3-5 to reduce a required rear yard (Oak Brook Road). PETITIONERS: Paula Lapinski and Jose Rios 606 Midwest Club Parkway Oak Brook, IL 60523 ADDRESS: 606 Midwest Club Parkway EXISTING ZONING: R-3 (Single-Family Detached Residence District) ZONINGIUSE OF SURROUNDING PROPERTY: North: R-1, Single-Family Detached Residence District, single-family homes. South: R-3 Single-Family Detached Residence District, single-family homes in the Midwest Club Subdivision. East: R-3 Single-Family Detached Residence District, single-family homes in the Midwest Club Subdivision. West: R-3 Single-Family Detached Residence District, single-family homes in the Midwest Club Subdivision. DISCUSSION: Paula Lapinski and Jose Rios, the owners of the property located at 606 Midwest Club Parkway are requesting approval of two variations in order to construct an addition to their existing single family home. The proposed addition to the home would add a fourth garage bay which would require; a two (2) foot encroachment into the required 12 foot side yard setback and a seven (7) foot encroachment into the required 60 foot rear yard setback. Normally, residential lots that are zoned R-3 require a forty (40) foot rear yard setback. However, because the lot at 606 Midwest Club Parkway abuts Oak Brook Road (31St Street) an extraordinary setback provision exists which requires a setback of 110 feet from the centerline of the road. Please see the case file for additional information regarding this request. STAFF REPORT—606 MOST CLUB PARKWAY—VARIATIONS A*E AND REAR YARDS CASE No: 2012-05-ZO-VAR Staff Comments: • The Midwest Club Board of Directors has reviewed this request and has recommended its approval (see letter in the case file). • Over the years, the Village has processed requests for relief from the extraordinary setback provisions found in Section 13-3-5 of the Zoning Ordinance. Those provisions exist for any property abutting 31 st Street (Oak Brook Road), York Road or 22nd Street. For your benefit, I am providing the Zoning Board with that ordinance language: 13-3-5: SETBACKS ALONG STREETS: Minimum setbacks on lots abutting a street shall be as required for yards in the district in which they are located and shall be measured from the street line, or from the proposed street line if one has been designated on the official map; except that the setbacks along 22nd Street and that portion of York Road north of the intersection with 31 st Street shall not be less than one hundred feet (100') as measured from the property line; that the setbacks along that portion of York Road lying south of the intersection with 31 st Street shall not be less than one hundred feet (100') from the center line; and setbacks along Oak Brook Road (31st Street) shall not be less than one hundred ten feet (110') from the section lines, except the setbacks falling within or adjacent to the plats of subdivision of Brook Forest unit 2 and Briarwood Lakes subdivision shall be not less than one hundred ten feet (110') from the now existing centerline of Oak Brook Road (31st Street) as shown on said plats. • Back in 2007, the Village considered an amendment to 13-3-5 to reduce the impact that such provisions have on individual properties. While sympathetic, the Board felt that an amendment would result in too many new structures being located near the roadways and recommended that future relief to the setback provision be sought through the variation process. RESPONSIBILITIES OF HEARING BODIES: The Zoning Board of Appeals has the responsibility to make a recommendation on a request for a variation. Please include in your consideration your findings with respect to the standards specified in the Zoning Ordinance for a variation. The materials submitted by the applicant specifically address these standards (see the case file). Those standards are: "Section 13-14-6 D. Standards: 1. The Zoning Board of Appeals shall not recommend a variation of the provisions of this Title as authorized in this Section unless it shall have made findings of fact based upon the evidence presented to it on the following specific issues that: a. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located. b. The plight of the owner is due to unique circumstances. c. The variation, if granted, will not alter the essential character of the locality. 2 STAFF REPORT-606 MOST CLUB PARKWAY-VARIATIONS A*E AND REAR YARDS CASE No: 2012-05-ZO-VAR 2. For the purpose of supplementing the above standards,the Zoning Board of Appeals, in making the determination whether there are practical difficulties or particular hardships, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence that: a. The particular physical surroundings, shape, or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out. b. The condition upon which the petition for variation is based would not be applicable generally to the other property within the same zoning classification. c. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. d. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. e. That the purpose of the variation is not based exclusively upon a desire to make more money out of the property. f. That the alleged difficulty or hardship has not been created by any person presently having an interest in the property." CONCLUSION: If the Zoning Board of Appeals is of the opinion that the applicants have satisfied the requirements for the variations to the Zoning Ordinance for the property located at 606 Midwest Club Parkway, a recommendation would be in order to approve the request subject ;to the following conditions: 1. The proposed building addition shall be constructed in substantial conformance to the approved plans. 2. Add the condition "Not withstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived." However, if you determine that the petitioner has not satisfied the required standards for a variation,the request should be denied. Findings of fact, which are the basis of the Zoning Board of Appeals determination, should be stated as part of the motion. The recommendation may state any conditions reasonably related to the petition, which the Zoning Board deems necessary to protect the public interest. Respectfully Submitted, Robert . Kall n Y/, AICP Direc r of C unity Development 3 pE of 04 A a ° � e 0 N 0 CF�0UMT'1 •��� VILLAGE OF OAK BROOK Interoffice Memorandum DATE: April 11, 2012 TO: Bob Kallien, Director of Community Development FROM: Mike Hullihan, Village Engineer SUBJECT: Lapinski and Rios-606 Midwest Club Parkway Engineering Department has reviewed the subject plan. There are no stormwater issues with the plan. The Engineering Department will review the construction permit at the time of submission. No major issues are envisaged. f• GIS Consortium—MapOfficeTM Page 1 of 1 ■ �Y ' T MapQffice�*l sortium. , A' 0' , i Oak Brook Rd o F r r. s + 05 3 I �. p ' P Inc.All Rights rved., c are not liable y } ation or disdosur ed Lmde!appkabl - --------------_ - — - - _ _ http://gis/mapoffice/PrintViewA4L.aspx?usecase=&layout=default&tp=web&map=photo&extent=1078686.726166668,188097... 4/25/2012 v� O F 0'q • • p B9 � o o x e A O y G C A 9Ce00UNT1 Village of April 13, 2012 Oak Brook 1200 Oak Brook Road Dear Resident/Property Owner: Oak Brook,IL 60523-2255 Website www.oak-brook.org The Oak Brook Zoning Board of Appeals and the Village Board will be considering a variation as requested below at its meetings scheduled on the reverse side of this Administration notice. 630.368.5000 FAX 630.368.5045 The application has been filed by: Paula Lapinski and Jose Rios Community 606 Midwest Club Parkway Development Oak Brook, IL 60523 630.368.5101 FAX 630.368.5128 The property in question is located at: 606 Midwest Club Parkway Engineering Department Relationship of applicant to property: Property owner 630.368.5130 FAX 630.368.5128 Also shown on the reverse side of this notice is a map* of the area to assist you in Fire Department 630.368.5200 determining your relationship to the property in question. FAX 630.368.5251 The petitioner has submitted an application seeking approval of a variation to Police Department allow an approximate two (2) foot encroachment into the required twelve (12) 630.368.8700 foot side yard setback and an approximate seven (7) foot encroachment into the FAX 630.368.8739 required sixty (60) foot Oak Brook Road (rear yard) setback, in order to construct Public Works an addition on the property. Department If you desire more detailed information lease contact the Community Development 630.368.5270 Y r p tY p FAX 630.368.5295 Department at 630-368-5103 between 8-4, Monday through Friday. Oak Brook Sincerely, Public Library 600 Oak Brook Road Oak Brook,IL 60523-2200 Robert L. Kallien, , AICP 630.368.7700 Director of Com unity D opment FAX 630.368.7704 Oak Brook Sports Core RLK/gp Bath&Tennis Club 700 Oak Brook Road Oak Brook,IL 60523-4600 630.368.6420 FAX 630.368.6439 Golf Club 2606 York Road Oak Brook,IL 60523-4602 630.368.6400 FAX 630.368.6419 In accord with the provisions of the American with Disabilities Act, any individual who is in need of a reasonable accommodation in order to participate in or benefit from attendance at the public meeting should contact the Village's ADA Coordinator, at 630-368-5022 as soon as possible before the meeting date.. All meetings are held in the Butler Government Center of the Village of Oak Brook, located at 1200_ Oak Brook Road (31st Street and Spring Road), Oak Brook, Illinois. Zoning Board of Appeals**...................................7:00 p.m., Tuesday, May 1, 2012 Board of Trustees Meeting.............................7:00 p.m., Tuesday, May 22, 2012*** ** Public Hearing Body ***Tentative—Follows the completion of the Zoning Board of Appeals public hearing v - - a i t I I r a 'tl�'•s 7.7 i 69' ' 2900 2903 2905 iAY6RO82 2901 \ 79\290 ,vi< �F . 81 , ..- 2910 2911 : f' i�' , its f g3 \ i.t �} 29,4 �l ,� 1 ;� — I R : �i '2917 . I 2925 F4 2914 R- 2916, ' .2917 292 .yt 2923 }, I 3001. . 3000 } 292i, 12923.. I —J ,O rt. $000 3009 C 3002 0 ` �. 3°05 �� ` 30081 O- Cq r' ` 30°7 1 �� I '3009 + O C 2700: Im._•---� i 3°05 OP OAI ■ .3012:. �1 /r ja f�►-JG �rc 2712 ) V r 3°10 1, 3°15 2700 1 A O J 3020 3024 3D 4j: 3021: i 282�0�810 I I •.� Q`��' .�. :' �0�� �C� OAK BROOK ROAD _ 1 -T -10® . 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L._ 107 913,i J 902 ..6 ii ` "'IOU. 1 S CIR 3324'` 104 1108 207 140'0 ` 1502 :1, 3115 1 3323 3 912 903 ( _ '�_••'- 3106"';'w", 109 .1107 •,512 F 404 4U R 209106.E 911 904 1301 1503 3404' 3405 •3404 � � '' •' � 1511 } 08 3 :15041.811 3410: 3411 / .�' -0705 12021 130 303 301 z I II 7-� -1303 jam'- 3412. 408 304 '1T21i10 9091 908 ~• 1101'1206 _B 305 `� } .. 11111 1i3 {104 1203 . 1509 '{506 3STH STREE 3020 "� 3°10 410 R $ _ 117 115 9 907 1103 1102 1205 12°4 1305 1508 1507 T *Note: The map provided is only an approximation of the area in question and is intended to be used only as a visual aid to determine your relationship to the property Lapinski-Rios-606 Midwest Club-VARIS.doc • PUBLIC NOTICE NOTICE HEREBY • • GIVEN that a public hear- ing before the a Zoning Board of Appeals of the Village of Oak Brook, DuPage and Cook Counties,Illinois,will be held on Tuesday,May 1, 2012 at 7:00 P.m.in the Sam- uel E.Dean Board Room of CERTIFICATE OF PUBLICATION The Butler Government Cen- ter, Village of Oak Brook, 1200 Oak Brook Road, oak Brook, Paddock Publications,Inc. Brook,I Ili 60523 for The Purpose of considering the application from the D&Het9d prop- erty owners,Paula Lapinski and Jose Rios,606 Midwest Club Parkway, Oak Brook, I L 60523.The applicants are seeking a variation as pro- vided for under Title 13 of the Zoning Ordinance of the Corporation organized and existing under and by virtue of the laws of Village of Oak Brook, Illk amendedrtlinance G-60 as the State of Illinois,DOES HEREBY CERTIFY that it is the publisher The an application seeking of the DAILY HERALD.That said DAILY HERALD is a secular approval of a variation took low an approximate two(2) newspaper and has been circulated daily in the Village(s)of foot encroachment into The required twelve (12) foot Addison,Bensenville,Bloomingdale, Carol Stream Glendale Heights, side yard setback and an ap- g cro chino t i seven(7)foot re-- Glen Ellyn, Itasca,Keeneyville Lisle Lombard Medinah Naperville cgqroachment into the Brook sixty foot Oak Oak Brook,Oakbrook Terrace,Roselle,Villa Park Warrenville an`additiondon the property West Chicago,Wheaton,Winfield,Wood Dale located at 606 Midwest Club Parkway Oak Brook, Illi- nois 60521. All persons desiring to be heard will be afforded an op- portunity To do so and may submit their statements orally or in writing or both. The hearing may be re- cessed To another date if no- tice of time and place thereof is publicly an- nounced at the hearing or is given by newspaper Publi- cation not less than five(5) days prior to the date of the recessed hearing. The sublect property is lo- cated at 606 Midwest Club Parkway in Oak Brook,Illi- nois and the legal descrip- tion is as follows: LOT 40 AND AN UNDI- VIDED 1/220TH INTER- EST IN LOT 221 IN THE MIDWEST CLUB PHASE 1 BEING A SUBDIVISION OF PART OF THE NORTH ANDFTHE NORTHWEST County(ies)of DuPage 3?TOWNSHIIP 39 SECTION State of Illinois,continuously for more than one year prior to the RANGE 11,EAST OF THE! THIRD PRINCIPAL ME- date of the first publication of the notice hereinafter referred to and is of THE PLAT THEREIOF RE general circulation throughout said Village(s), County(ies)and State. CORDED DECEMBER 6, 1978 AS DOCUMENT R78- 116577, IN DUPAGE COUNTY,ILLINOIS. PIN:06-33-201-007 I further certify that the DAILY HERALD is a newspaper as defined in The petitioner's application it including all supporting doc- uments an Act to revise the law in relation to notices"as amended in 1992 Di- rector is on file with the el- Illinois Compiled Statutes, Chapter 7150,Act 5, Section 1 and 5.That a rector of Community Devel- opment.Persons wishing to examine The petition docu- ments notice of which the annexed printed slip is a true copy,was published may arrange to do so � with the Community Devel- opment Department V.- April 12,2012 in said DAILY HERALD. lag.of Oak Brook,1260 Oak Brook Road,Oak Brook,IL Telephone 630-368- 5103. IN WITNESS WHEREOF the undersigned,the said PADDOCK 5103. In accord with the provi- Disnabitities Act, any midi PUBLICATIONS,Inc.,has caused this certificate to be signed by,this vidual who is In need of a reasonable accommodation authorized agent,at Arlington Heights,Illinois. in order to participate in or benefit from attendance at this public meeting should PADDOCK PUBLICATIONS INC. contact the Village's ADA , Coordinator,at 630-368-5022 as amen possible before the meeting date. DAILY HERALD NEWSPAPERS Charlotte Pruss Village Clerk Published at the direction of the Corporate Authorities and the Zoning Board of Ap- peals the Village of Oak Brook DuPage and Cook BY Counties,es,Illinois. Published in Daily Herald April 12,2012(4297555) Authorized Agent Control#4297555 B. Approval of Payroll for Pay Period Ending March 31, 2012 -.$649,755.67 C.) Community Development Referrals 1 Shah- 12 Chatham Lane—Variation Lapinski and Rios—606 Midwest Club Parkway—Variation 3) Appleyard- 506 Wood—Variation D. Authorization to Seek Bids or Proposals or Negotiate Contracts -NONE E. Budget Adjustments-NONE F. Ordinances&Resolutions 1) ORDINANCE 2012-ZO-MA-EXI-S-1332, An Ordinance Rezoning and Granting a Map Amendment on the Property Commonly Known as 2000 Clearwater Drive, Oak Brook, Illinois in the Village of Oak Brook 2) ORDINANCE 2012-ZO-V-EX-S-1335,An Ordinance Amending An Existing Special Use Permit Relating To Recreational Facilities In Central Park To Incorporate The Oak Brook Park District's First Master Plan And To Implement Phase One Improvements 3) ORDINANCE 2012-ZO-V-EX-S-1333,An Ordinance Granting A Variation From The Provisions Of Section 13-12-3h.2 Of Title 13 ("Zoning Regulations") Of The Village Code Of The Village Of Oak Brook Relative To Parking Spaces In The Required Front Yard For The Property At 600 Hunter Drive In The Village Of Oak Brook 4) RESOLUTION 2012-PP-ENG-CNTRCT-R-1171, A Resolution Approving and Authorizing the Execution of a Professional Services Agreement for Engineering Services By and Between the Village of Oak Brook and Christopher B. Burke Engineering, Ltd 5) RESOLUTION 2012-PP-CNTRCT-R-1172,A Resolution Approving and Authorizing the Award and Execution of a Paving Contract By and Between the Village of Oak Brook and J.A. Johnson Paving Company 6) ORDINANCE 2012-BU-S-1334,An Ordinance Amending the 2012 Budget 7) Ordinance 2012-PL-PD-G-970,An Ordinance Amending Ordinance G-134 of the Village Code of the Village of Oak Brook Pertaining to Sections 3-1-3 and 3-1-4 of Title 3 (Public Safety) with Respect to the Office of Police Lieutenant VILLAGE OF OAK BROOK MINUTES Page 5 of 12 REGULAR MEETING OF APRIL 10,2012 8) RESOLUTION 2012-AG-HVAC-R-1173,A Resolution Approving and Authorizing the Execution of a Professional Services Agreement Relating to the Redesign of the HVAC System at Fire Station 2 By and Between the Village of Oak Brook and Kluber, Inc. Motion by Trustee Wolin, seconded by Trustee Yusuf, to approve the Consent Agenda and authorize expenditures as presented or amended. ROLL CALL VOTE: Ayes: 6—Trustees Aktipis,Manzo, Moy, Wolin, Yusuf and Zannis Nays: 0—None Abstain: 0—None Absent: 0—None Motion carried 7. ITEMS REMOVED FROM CONSENT AGENDA-NONE 8. BOARD & COMMISSION RECOMMENDATIONS A. Village of Oak Brook—Cemeteries—Proposed Text Amendment Trustee Wolin stated the recommended motion has four parts but he will recommend voting on parts a and b first and make a separate motion for parts c and d. Trustee Wolin stated that Mr. Feldman, who built the mausoleum, offered substantial funding to screen the mausoleum and beautify the area. He stated his offer is very generous and goes a long way to resolve the problem. He also stated that he strongly recommends the approval of parts a and b. Trustee Manzo stated that he attended meetings regarding the Feldman mausoleum and many residents made inaccurate statements. He stated the Village has never regulated cemeteries and should not start. He apologized to Alan Feldman and his family for being the topic of this debate. Motion by Trustee Wolin, seconded by Trustee Aktipis with respect to the cemetery issue, to receive the recommendation from the Plan Commission, and to initiate the preparation of an agreement with Bronswood Cemetery and Mr. Alan Feldman regarding a landscape screening plan along a portion of Adams Road. VOICE VOTE: Motion carried. Trustee Wolin stated that the second motion is controversial. He stated the Plan Commission voted unanimously on setting regulations for setbacks and mausoleum height. He also stated the cemetery is currently zoned industrial, which means no structure within 100 feet from a residential district and roadway. He then added that there is a need for clarification on whether a mausoleum is classified as a structure. He further stated he strongly supports this matter being referred.to the Zoning Board of Appeals, VILLAGE OF OAK BROOK MINUTES Page 6 of 12 REGULAR MEETING OF APRIL 10,2012 PEE OF Oq Ir v p w O O c� G � I �O V OUNT`s, AGENDA ITEM Regular Board of Trustees Meeting of April 10, 2012 SUBJECT: Referral - Lapinski and Rios - 606 Midwest Club Parkway- Variation FROM: Robert L. Kallien, Jr.,AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to refer the request for a variation to the side and rear yard setbacks for the property located at 606 Midwest Club Parkway to the Zoning Board of Appeals for public hearing and recommendation. Background/Historv: Paul Lapinski and Jose Rios, the owners of the property located at 606 Midwest Club Parkway are requesting approval of a variation to allow the construction of an addition to the existing single family home. Recommendation: Please refer the request for a variation to the Zoning Board of Appeals for public hearing and recommendation. BOT-Referral-606 Midwest C1ub.Var.doc 4/25/12 Sterling Codifiers,Inc. 13-3-5: SETBACKS AIING STREETS: Minimum setbacks on lots abutting a street shall be as required for yards in the district in which they are located and shall be measured from the street line, or from the proposed street line if one has been designated on the official map; except that the setbacks along 22nd Street and that portion of York Road north of the intersection with 31 st Street shall not be less than one hundred feet (100') as measured from the property line; that the setbacks along that portion of York Road lying south of the intersection with 31 st Street shall not be less than one hundred feet (100')from the center line; and setbacks along Oak Brook Road (31 st Street) shall not be less than one hundred ten feet (110')from the section lines, except the setbacks falling within or a jacent to the plats of subdivision o roo ores unit 2 and Briarwood.Lakes subdivision shall be not less than one hundred ten feet (110')from the now existing centerline of Oak Brook Road (31 st Street) as shown on said plats. Notwithstanding anything contained in this title to the contrary, in the event at anytime subsequent to January 1, 1995, private property is dedicated or conveyed to a governmental entity or condemned by governmental entity(including, without limitation, the Illinois state toll highway authority)for the purpose of widening the public right of way or providing public roadway infrastructure (including, without limitation, right of way for roadway entry or exit ramps), the calculation of minimum setbacks and minimum required yards shall at all times be measured from the street line which existed prior to such dedication, conveyance or condemnation, provided that not more than twenty percent(20%) of the lot has been so dedicated, conveyed or condemned, and provided that any newly constructed buildings establish minimum setbacks and minimum required yards on the affected lot (as measured from the new lot line created as a result of said dedication, conveyance, or condemnation)which, at a minimum, equal at least fifty percent (50%) of the minimum setback and minimum required yard which would be required in the absence of this condemnation mitigation provision, and provided further that a site plan generally accommodating such a dedication, conveyance or condemnation has been reviewed and approved by the village board of trustees. (Ord. G-678, 6-26-2001) www.stedingcodifiers.com/codebookfiindex.php?book_id=333 / Sterling Codifiers, Inc. Page 2 of 2 0 0 — n�ide: Not less than twelve feet (12') in depth except: a. A side yard abutting a street shall be not less than forty feet (40) in depth; b. To accommodate a side load garage, the minimum side yard setback (on 1 side yard) must be at least twenty three feet (23'); the width of the pavement opposite of the garage door must be a minimum of twenty three feet (23'); c. For nonresidential uses each side yard abutting a street shall be not less than fifty feet (50') in depth and each interior side yard shall be not less than thirty feet (30') in depth and increased by not less than two feet (2') for each one foot (1') of structure height over thirty feet (30'); d. Side yards abutting York Road and Cermak Road shall have a depth of not less than one hundred feet (100'). 3. Rear: Not less than forty feet (40') in depth. (Ord. G-60, 3-22-1966; Ord. G-83, 4-9- 1968; Ord. G-203, 12-14-1976; Ord. G-730, 9-23-2003) http://www.sterlingcodifiers.com/codebook/printnow.php �� VILLAGE 01DAK BROOK 1200 OAK BROOK ROAD o OAK BROOK, IL 60523 9�ea0 ��� 630-990-3045 PETITION APPLICATION for PUBLIC HEARING ZONING ORDINANCE: ❑ APPEAL ($300) VARIATION ($750) ❑ AMENDMENT ($750) ❑ SPECIAL USE ($750) ❑ CERTIFICATE OF APPROPRIATENESS ($500) STORMWATER: ❑ VARIATION ($750) PUBLIC HEARING SIGNS ($50-each lot frontage) -Enter Number of Street Frontages/Per Parcel APPLICANT TO COMPLETE NOTE: ALL APPLICATIONS ARE TO BE RECEIVED BY THE DIRECTOR OF COMMUNITY DEVELOPMENT AND AFTER AN INITIAL REVIEW WILL BE FILED WITH THE VILLAGE CLERK. LOCATION OF - SUBJECT PROPERTY 60(o M IeWer2+C ItIb PU � ' PERMANENT PARCEL NO*. - - - LOT NO. (00(o SUBDIVISION 0f ez;!i— C)k V� LEGAL ADDRESS* G 0(o k t'G1tuaf Pave way ZONING DISTRICT -"3 ZONING ORDINANCE SECTION ACTION REQUESTED (W* Yl r id Vt-AvG-e, 12 iAeL V tv ell IiV uvin M-�2e+ -I-0 10 iee+anvo'u'ciV16 am V'e v Go PROPERTY INTEREST OF APPLICANT: OWNER CONTRACT PURCHASER AGENT OWNER(S)OF RECORD i:hu ld L-a tic v>51-1 A 19W_, &oc, PHONE 65o ' M) lu3l ADDRESS GO(O M"AQJ6�,t GW 6 Pav-LU�LaY_CITY ()a i� �tvoL--= STATE 1L_ _ZIP (oQ 2 BENEFICIARY(IES)OF TRUST PHONE ADDRESS CITY STATE ZIP NAME OF APPLICANT(and Billing Information) ��►°►�t� �t�i 4 9PVe PHONE ADDRESS CITY STATE ZIP Contact Name and E-mail Address(s) &kn S-(uvJpv) 45 zLvi-Vzxvl 0.a-FuvxfoVkCLV-aLI Coytn I(we)certify that all of the above statements and the statements contained in any papers or plans submitted herewith are true to the best of my(our) knowledge and belief. I(we)givepermfion to the Village to install public hearing sign(s)on the lot frontages of the above subject property as described in the Virg, Code. add- the above fees,applicant agrees to:7ibur th I e for p blication costs within 30 days of billing. -�"'y� - 3.23•(2 mature of Owner Date Signat llre of Ap Date DO NOT WRITE IN THE SPACE BELOW-FOR OFFICE USE ONLY Date Filed Fee Paid$ Receipt No./ 7 5'77(D Received By��/�C Board of Trustees(Referral) 41-1,0'12- Notice Published Newspaper Daily Herald Adj.Property Owners Notified ��- PUBLIC HEARING DATES: Plan Commission y�� Zoning Board of Appeals Board of Trustees %2 -/�' Board of Trustees I<i ��- (Approval ofMOrdinance) ��y SIGNED-VILLAGE CLERK J ` Date �✓ 1 1 � , y`� � y * vim 1 4.• LETTER OF EXPLANATION We have been l/ving in our beautiful home now for 10 years and we love the area we live In. We are seeking to enhance the appearance of our friendly neighborhood by . keeping our extra cars off the driveway, and placing them /n our new garage add/t/on. in order to keep the harmony of our home s unique design, the fourth car bay proposal requires a minimal encroachment Into the side and rear setbacks We are seeking to reduce the side yard from 12 feet to 10, and reduce the rear yard from 60 feet to 53 (typically 40 feet in the R-3 district). We have looked at several options including stack/ng the cars, tandem parking, and a separate garage add/t/on at the front of the house. Although possible, these options are too intrusive and will certainly compromise the overall Integrity of the home design. •C.J VARIATION STANDARDS 1. a. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located. RESPONSE: Due to the configuration of the house and lot, the fourth garage bay addition is not possible with app lied restrictions, however this improvement would enhance overall appearance of the neighbor by storing the cars off the driveway. 1. b. The plight of the owner is due to unique circumstances. RESPONSE: The unusual shape of the house with large overhang setting on complex lot shape will incur insurmountable costs to fit garage addition within the required setbacks. Several options were evaluated and it was not feasible for the style integrity as well as the architectural continuity of the home. Several options would cause a garage teardown and rebuild which for minimal request would be an huge offset in costs and for much more improved addition with continuous harmony of the home. 1. c. The variation, if granted, will not alter the essential character of the locality. RESPONSE: The proposed addition will greatly minimize the plight of extra cars overcrowding the driveway. The landscaped berm with trees and shrubberies will not be altered and the unsightly parking pad on the east side of garage will be replaced with the newly enclosed garage. The trees to southeast comer will not be altered as well. 2. a. The particular physical surroundings, shape, or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out. RESPONSE: Without tearing down the house there are no other physical options to place the fourth car garage. 2. b. The condition upon which the petition for variation is based would not be applicable generally to the other property within the same zoning classification. RESPONSE: The lot and the house is unique and with the complexity of both, the house at the time of construction blended well with the site Without invading the originality of the home structure, the fourth garage bay is design to complement the symmetry of the three garage doors: This symmetry could not be realized if adhered to the setback restrictions 2. c. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. RESPONSE: This addition is an improvement to the overall appearance of having less cars parked on the driveway exposing to the easterly neighbor. The extra open parking will be replaced with this new addition to house the cars otherwise left out 2. d. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. RESPONSE: The roof lines will be maintained and not impede the supply of air nor light from adjacent property. Also the new structure will not restrict the required access for public safety nor will it impair property values 2. e. That the purpose of the variation is not based exclusively upon a desire to make more money out of the property. RESPONSE: This improved addition is actually benefitting the surrounding neighbors so to improve the quality of having minimal cars parked exposed for a period of time on the driveway. 2. f. That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. RESPONSE: The nature of the house design was to capture the beautiful view of the landscaped pond situated at the side yard facing East in place of planned rear yard. The rear yard buffering Oak Brook could not be optimized due to the shape so the house was shifted westerly to create more usable back yard thus unknowingly restricting space for the proposed forth garage bay. Z°he CMA7 t Golub 1100 Midwest Club Parkway Oak Brook IL 60523 Phone: 630-655-9002 Fax:630-655-9003 email: midwestclub@comcast.net www.midwestclub.com March 20, 2012 Drs. Jose Rios and Paula Lapinski 606 Midwest Club Parkway Oak Brook, IL 60523 SUBJECT: Proposed 4th car garage addition 606 Midwest Club, Lot 040, Midwest Club Subdivision Dear Drs. Jose Rios and Paula Lapinski, At their meeting on March 19, 2012, The Board of Directors reviewed and approved the proposed 4th car addition for 606 Midwest Club, Lot#040. Plans Dated: March 9, 2012 Scope of work: color change to trim on home and tentative landscape plan The plan for 606 Midwest Club is subject to the following: Please make sure all contractors and subcontractors are aware of construction guidelines. Construction parking is only allowed on one side of the street and no parking at anytime is allowed in the court circle or the main parkway of The Midwest Club. We ask that you inform your contractors that School Busses, Emergency and other vehicles must be able to pass unhindered. Parking regulations will be enforced by management.A parking plan must be submitted before construction begins and followed or project will be shut down. NO SIGNS OF ANY KIND OTHER THEN THE PERMIT MAY BE PLACED AT ANY TIME. The site must be maintained in a clean and tidy state at all times. Silt and construction fencing to be upright at all times. Neighboring properties kept clean of all debris and dumpster secured such that debris does not become air borne. Dumpsters must not be allowed to overflow and must be changed out promptly when full. Please take particular note of paragraph 3.2.1 of the Manual regarding cleanup of the streets. Neighbors affected by sewer/water tie in's must be notified one day before and their properties restored as soon as possible. Contractor is expected to maintain erosion control methods throughout the project, e.g. Trenched silt and construction fencing both must be erected at all times. Any changes to the plans, materials, colors, or textures specified on your plans must be submitted to the Architectural &Landscape Control Committee for review before implementation. The Committee cautions the owner to adhere to all local codes and ordinances.This approval is valid for 120 days from the date of this letter. If work is not started by that date, approval is withdrawn and your plan must be resubmitted. 1 , i the mana nt office of the planned start date and esad completion date of this Please also notify � p project. A List of Contractors must be submitted to Security beforehand. Also be advised that the permitted work hours for construction are as follows: Weekdays 7:00 AM to 7:30 PM Saturdays 7:00 AM to 5:30 PM Sundays No work is permitted. No exceptions. These hours are strictly enforced. No contractors will be permitted entry outside of these hours. All workers must vacate the subdivision no later that 7:30 PM on weekdays and 5:30 PM on Saturdays. Please also note that large vehicles, especially large trailer trucks, often cannot successfully negotiate the turning radius at the main entrance to the Midwest Club. Any damage to the Midwest Club property will be billed directly to the contractor. In its review of architectural and landscape plans, the primary concern of the Committee relates to aesthetic factors, and the presentation of the same. The Committee does not specifically concern itself with the actual or intended use of any space within the residential structure, nor does it make any judgment as to conformity of any such plans with any applicable provision of Local, State or Federal law. Any approval granted by the Committee pertains only to the aesthetic factors reviewed, and do not convey or imply any degree or approval other than the authority of the Committee directly delegated by the Midwest Club's Declaration of Covenants. If you have any further questions or concerns, please feel free to contact me at 630-655-9002. Sincerely, For and on behalf of The Midwest Club Board of Directors, Sue Chellios Property Manager cc: Board of Directors Lot file a 5297 STANTON ARCHITECTS INC SAI2310 ILL,I LD ROAD NATIONAL city CREST T HILL, 60403 70-2189-719 815-741.0510 www.stanonarch.com PAY TO THE ORDER OF L © (� 1 �� OO 1 $ OLLARS —")A+NIM 0 MISCELLANEOUS PAYMENT RECPT#, 175770 VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK IL 60523 DATE: 03/30/12 DEPT: 12:48 CLERK: pfinaldi CUSTOMER#: 0 INFO: VARIATION/SETBACK 4302 ZONING/SUBDIVIS 850.00 AMOUNT PAID: 850.00 PAID BY: STANTON ARCHITECTS I PAYMENT METH: 5HEDCK REFERENCE: AMT TENDERED: 850.00 AMT APPLIED: .00 CHANGE: 2urrounding Certification Property Owners (we) certify that the names and addresses of all the surrounding property owners including mailing labels submitted with this application are located within a minimum distance of 250 feet in all directions from the perimeter of the subject property and that the number of feet occupied by all public roads, streets, alleys, and public ways has been excluded in computing the 250-foot requirement. Said names and addresses are as recorded in the office of the County Recorder of Deeds (or the Registrar of Titles of the County) and as appear from the authentic tax records of this County. The property owners as listed have been obtained from the Township Assessors office within 30 days of the filing of this application. The surrounding property owners list as submitted herewith and supporting attachments are true to the best of my (our) knowledge and belief. I (we) give permission to the Village to install public hearing sign(s) on the lot frontages of the subject property as described in the Village Code. In addition to the required application fees, applicant/owner agrees to reimburse the Village for publication costs, recording fees, and any other associated costs or fees within 30 days of billing. �1 v1 S-k"-VZ>y) Printed Name of Owner Printed Name of Applicant Signature of Owner Date gnature of Applican Date BILL TO INFORMATION: S .v1+oo Ar&k*i eCie?, C vi JOh to s-fVLv0vv\ 2l G`7 4-10 510 Print Name/Company Contact Person Contact Phone Address To be Billed Alternate Phone NOTE: If the applicant/owner has not complied with these requirements and notification has not been sent to a neighboring property owner within the 250-foot requirement less than 10 days prior to the scheduled hearing, the hearing on this matter will be postponed to the next regular meeting, or until such time as all neighbors within the 250-foot requirement have been sent proper notification. PUBLIC HEARING Variation Packet- NAMES OF SURROUNDING PROPERTY OWNERS Following are the names and addresses of all surrounding property owners from the property in question for a distance of approximately 250 feet in all directions. The number of feet occupied by all public roads streets alleys,and public ways have been excluded in computing the 250-foot requirement. Said names are as recorded in the office of the County Recorder of Deeds(or the Registrar of Titles of the County)and as they appear from the authentic tax records of this County within 30 days of the filing of this application. Provide a mailing label for each Property Owner listed. Note: The people on this list will be notified by mail with the information about your request and the meeting schedule. NAME OF PROPERTY MAILING ADDRESS OF PROPERTY ADDRESS PARCEL OWNER PROPERTY OWNER (Attach additional sheets if necessary) PUBLIC HEARING variation Packet VIJAY& NISHI BAJAJ • RICHARD J &S PORTILLO • 607 MIDWEST CLUB 2712 OAKBROOK RD OAK BROOK, IL 60523 OAK BROOK, IL 60523 06-33-201-008 06-28-402-021 JOHN &SUE MORONI 605 MIDWEST CLUB OAK BROOK, IL 60523 06-33-201-006 CHICAGO TITLE TRUST 1095629 604 MIDWEST CLUB OAK BROOK, IL 60523 06-33-201-005 ARNEK OLSON, TRUST 603 MIDWEST CLUB DR OAK BROOK, IL 60523 06-33-201-004 AMERICAN NATIONAL BANK TRUST 122361-05 602 MIDWEST CLUB OAK BROOK, IL 60523 06-33-201-003 SUHAIL & NADRA KHADRA 403 MIDWEST CLUB OAK BROOK, IL 60523 06-33-201-011 CHICAGO LAND TRUST 402 MIDWEST CLUB OAK BROOK, IL 60523 06-33-201-010 NAVIN &JYOTI PATEL 401 MIDWEST CLUB OAK BROOK, IL 60523 06-33-201-009 THOMAS SANTEFORT OAKBROOK RD OAK BROOK, IL 60523 06-28402-012 PETHINAIDU VELUCHAMY 2700 OAKBROOK ROAD OAK BROOK, IL 60523 06-28-40 2-015 SoDect Property Verific on (Complete a separate form for each P.I.N. 1. Permanent Index Number (P.I.N. from Real Estate Tax Bill): � �- 2. Common Address: I(00& M [ �' lye—z.& Cj[z r/ 3. Type the Complete Legal Description Below. (Attach a separate page if longer than the area provided) 4. Email the Legal Description to gPolanek(a)oak-brook.orq The Permanent Index Number, Common Address and Legal information provided has been verified as follows: t DuPage County Records/Research Room: (630-682-7398) Contact Person: Date called: [ - I verify that the information provided above is accurate. Printed Name Si ature Date: Relationship to Applicant: DO NOT WRITE IN THIS SPACE-FOR OFFICE USE ONLY Legal Description Review Corrections Required Yes No Approved By: Date PUBLIC HEARING Variation Packet r • • LEGAL DESCRIPTION: LOT 40 AND AN UNDIVIDED 1/220TH INTEREST IN LOT 221 IN THE MIDWEST CLUB PHASE 1, BEING A SUBDIVISION OF PART OF THE NORTH HALF OF SECTION 33, AND THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 6, 1978 AS DOCUMENT R78-116577, IN DUPAGE COUNTY, ILLINOIS. LOCAL MAILING ADDRESS: 606 MIDWEST CLUB PARKWAY OAKBROOK, ILLINOIS 60523 PIN: 06-33-201-007 PLAT OF SURVEY h' Nor.h R.O.N.C:nc Usk G...k/e..d—=s 8 OpK ROOK` gfsf s-ri 140470 N.Lrne OF acC.•�-S9.11 i G1V>� R{ 1I C40r0000 E7 S/yHp ~ Bike (711 0.) 1) rroE.0 Paµ, °�R3 ta,tn na e,� re ero e x eaS.r�n�,ti w E•e"Po.ee ��ro'Ab us•o 9f.�He / Z In ez• � � I n 0 In $colt /"•♦!°' I 0V V r pKS tom Cb. I � I R) r.•+.Tag (� •VeI I fy 144L•704.00 Ink ? ueN e!e RIm10a ., w // i 1 +•� 1`1. r C'ISV..7oo.sa *A1..iMI C v F.L. 0. w // �''-n• ii O 1YN F � s•P1d• it• TDq 7e4.s � � q l 3 �. •�MM'.m'roosa "b 41n+• FiL. ` 07'6.50' A.G•.00• AL DEScR1PTIO.A1 MN. 4G� LOT 60IS Td MIDWEST CLUB PEARS 1 BEING A SUBDIVISION Of PART OF TKE NORTH HALF 111111 Rlm 712.09 OF SECTION 33 AND THE NORTHWEST 4DARTER OF SECTION 34.ALL IN TOMNSXIP 39 NORTH. pl. I RANCR 11 SASS OF TIR SHIRD PRINCIPAL MERIDIAN IM THE VIIIACE OP OAK BROOK.DO•1 PAGE COUNTY.I3,LISOISrSAID SUBDIVISION PECORO®AS DOCUMENT NOIAER R78-116377. ry1 y �� m oo A )ahwY..can •s w /pa Iei � oa5 ETAS' II.L oP mo1a3 BE COUNTY OP DOPAOS) z N� A•44"1•'/ VIE.BOILMER.LACK AND ASSOCIATES.INC.. ILLINOIS RBOISTER® ] y1% 4.61.4t. Canm y A!•4 LAND SORYETOR CORPORATION N0.30.DO MARRY CERTIFY TWAT WE KATE C•4•.VA• SURVEYED THE PROPNNTT 10=1BED MASON AND THAT ISIS PMT OF SAID SURVEY IS CORRECT. N / CIVIDI IOIOSR OUR RAND AND SEAL AT OAK BR00K. ILLINOIS,ISIS IT* P1 Da, !. s.Y/ DAY OF Decembnr AD,19 , L a E 0 F .F FTIOLeiN�O Rev'.etd 4"1941 j A. /35-1979 N C SAPE/F0. x a1 � RKF.oDOw'N — T► BOL/awlava LACH AND ASSOC.,INC.. �,.�,. 16"...4.Lie a M Hr Y 1� �a sNn �a,d•s PLAT OF SURVEY North R.O.N C:r/e- OsA ersok Of.*d�` Ong amoop< ST.-) f�Ot�D N.Lana OI$CC.00.09-11 �w� 1 • +sr►�•� - I7i'l%`� � c90•oo•0o E7 akl'tn C 191.007 �.I p pq}h 7i7t(, W esam t ped;caleQ Ti Tht Y•/lo4G oE'Oof 84*F.r W - IS+� __.. FLbl:G 6ec (e l9nd Pe a4frlegn F6 h t•s"Force Mj Chain Lin 9 --yl 7 /�` ,A E` Al llo' ;/d.�s 9LEbeck L.n Sock 1"•LO' OV v 0 R �IOL T$9 LO DLO ; it ti1i4a CIM��/. H I Te�o0.2i 8P Of •�, 014L-704.00 &Icv. +700•66 �CC [r<4.<eni F'1..�«,p5•�� Teo- ;F CIL-Ib'6e7 0 Cidga o4 Lu4-or •\,708.5. / I ny 4 .110.616 •r O5' L' �. 3 /• ft •?6 91.79' \ , C .So' !� ,/ /\L1 R•GS,00' g�pl' /44 DLiSG�tIPTl0.d1 1 M•H• 1 �0 6g•0 LOT 40 IN TR$MIDWEST CLUB PHASE 1 BEING A SUBDIVISION OF PART OF THE NORTH HALF .I �• RI_7 Z.09 I 9• (y 'h OF SECTION 33 AND THE NORTHWEST QUARTER OF SECTION 34, ALL IN TOWNsAIP 39 MORTH� RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN IN THE VILLAGE OF OAK BROOK, DU PAGE COUNTY. ILLINOIS,SAID SUBDIVISION RECORDED AS DOCUMENT NUMBER R78-116577 . I �? N • 8� 1 _. / ( Neft,liaund SI4"Iren t' sa 7 a+Al)Cerra L/i t4b G 0T 5 STATE OF'ILLINOISj) BE hCID&A-) COUNTY OF DUPAGE ) N 6.54•/!'/,7 f f_2 WE. BOLLINGER. 1ACH AND ASSOCIATES, INC.. ILLINOIS REGISTERED Y 1 y/! L•GI.51' Comm n .�Ars4 LAND SURVEYOR CORPORATION NO. 30. DO HEREBY CERTIFY THAT WE HAVE N C.59.24' SURVEYED THE PROPERTY DESCRIBED HEREON AND THAT THIS PLAT OF N1 SAID SURVEY IS CURRSCT. o GIVEN UNDER OUR HAND AND SEAL AT OAK BROOK. ILLINOIS. THIS I?+h O, F. Dun DAY OP p •an•bar AD. 19 . e ; • CLIENT •( ��``' JOB NO �C Revi,ed 5-19-01 A. BOLL GER. LS i35-19?9 FILE J70. C 11 REP. CFOORD: A BOLLINGER,LACH AND ASSOC.,INC.. - •aorw.uwu a,tats,aaa s,nne+...oa.