S-1341 - 06/12/2012 - ZONING - OrdinancesORDINANCE 2012- ZO- V -EX -S -1341
AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF
SECTIONS 13- 6B -3F.1 13- 6B- 3F.2(a) and 13- 3- 6A.3(b),
OF TITLE 13 ( "ZONING REGULATIONS ")
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
RELATIVE TO SETBACK REQUIREMENTS AT
506 WOOD ROAD IN THE VILLAGE OF OAK BROOK
(PIN: 06 -36- 300 -088)
WHEREAS, an application has been filed by the owners of the property located at 506 Wood
Road, Oak Brook, Illinois and legally described in Exhibit A attached hereto and incorporated herein
( "Property'), Susan and Troy Appleyard (collectively, the "Petitioners'), requesting variations from
Sections 13- 66 -31F.1, 13- 613- 31F.2(a), and 13- 3- 6A.3(b) of the "Zoning Ordinance of the Village of Oak
Brook," as amended ( "Zoning Regulations"), to allow for: (i) the construction of an addition to the house
located on the Property ( "Addition ") that encroaches into the required font -yard setback and the required
side -yard setback; and (ii) the construction of a detached garage ( "Garage ") within the required side yard
(collectively, the "Variations "), and
WHEREAS, the Property is located in the R -2 Single - Family Detached Residence District ( "R -2
District'); and
WHEREAS, Section 13- 6B -3F.1 of the Zoning Regulations requires properties located within the
R -2 District to have a front -yard setback of not less than 40 feet in depth ( "Required Front -Yard
Setback'); and
WHEREAS, Section 13- 613- 3F.2(a) of the Zoning Regulations requires properties located within
the R -2 District that have a side -yard that abuts a street to have a side -yard setback of not less than 40
feet in depth ("Required Side Yard Setback'); and
WHEREAS, Section 13- 3- 6A.3(b) of the Zoning Regulations prohibits a detached accessory
structure from being located in a required side yard; and
WHEREAS, the Addition will encroach into the Required Front -Yard Setback along Washington
Street by approximately 11.46 feet and the Required Side -Yard Setback along Wood Road by
approximately 18.25 feet; and
WHEREAS, the Garage will encroach into the required side -yard along Wood Road by
approximately 18.25 feet, and
WHEREAS, on May 1, 2012, pursuant to due and appropriate legal notice, the Oak Brook Zoning
Board of Appeals conducted a public hearing on the request for the Variations; and
WHEREAS, after the close of the public hearing, the Zoning Board of Appeals found that the
Petitioners satisfactorily addressed the factors required for approval of the Variations set forth in Section
13 -14 -6D of the Zoning Regulations and recommended approval of the Variations subject to certain
conditions; and
• •
APPLEYARD-
506 Wow RDAD
Variation-Front and Side Yard Setbacks
Addition and Detached Garage
INDEX
PAGE CONTENTS
14-14.a Memorandum from Director of Community Development Kallien -Village Board Agenda-
May 22, 2012
13-13.a Recommendation Letter from Zoning Board of Appeals dated May 16, 2012
12-12.d Zoning Board of Appeals Meeting Minutes dated May 1, 2012
11-11.c Staff Report from Director of Community Development Kallien—dated April 23 2012
10 Aerial View of Site—Showing Buildable Area of Lot
9 Letter of Support from Neighbor to North at 3804 Washington—This property has the Driveway
Easement to Access Wood Road
8 Resident Letter dated April 13, 2012
7 Certificate of Publication dated April 12, 2012
6 Board of Trustees Meeting Minutes dated April 10, 2012
5 Referral Memo—Board of Trustees Agenda dated April 10, 2012
4-4.a. Ordinance S-1168—Variation Approving a New Single Family Home dated September 12, 2006
—Never Constructed
3-3..a Ordinance S-747—Variation Approving an Addition dated December 8, 1992 -Constructed
2 Zoning Regulations—R-2 District—Yards-Section 13-6B-3F.1 and Section 13-6B-3F.2.a.
1-1.a Zoning Regulations—Accessory Uses and Structures—Section 13-3-6A-3.b and
Section 13-3-6A-3.h
PAGE CONTENTS
A Petition Application
B Letter of Explanation
C-C.1 Variation Standards
D Fee/Receipt
E Certification of Surrounding Property Owners
F Surrounding Property Owners List
G-G.1 Subject Property Verification with Legal Description
H Photograph of Existing House at 506 Wood
I Proposed Site Plan dated April 16, 2012 (Sheet 1) (Included-Not Attached)
J Conceptual Elevation Rendering of Proposed Addition and Detached Garage (Included-Not
Attached) (Sheet 2)
K Footprint of Proposed Structures Imposed on Watermark of Approved S-1168 Site Plan (Sheet
3) (Included-Not Attached)
L Plat of Survey(Included-Not Attached)
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CF COUN,`1
AGENDA ITEM
Regular Board of Trustees Meeting
of
May 22, 2012
SUBJECT: Appleyard—506 Wood Road—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 Section 13-6B-3F.1, Section 13-611-
3F.2(a), Section 13-3-6A.3(b) and 13-3-6A.3(h) to permit the construction of additions to an
existing single-family home and a new detached garage at 506 Wood Road subject to the following
conditions;
1. The proposed building additions shall be constructed in substantial conformance to
the approved plans dated April 16,2012.
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 Troy and Susan Appleyard,the owners of the property located
at 506 Wood Road, seeking approval of several variations in order to construct an addition to their existing
single-family home as well as construct a detached garage.
The original home on this property was built during the 1920's on a lot that measures approximately
15,680 square feet, which is less than one-half, required under the R-2 zoning designation (43,560
square feet). In 1992, the Village approved Ordinance S-747 that granted a variation to the front, corner
side yard and side yard to permit additions to that original home. In 2006, Ordinance S-1168 was
/•
approved to permit the construction of a new home. However, due to the economic conditions,that new
home was never built.
To accommodate the planned improvements,the following variations are being requested:
• Variation to Section 13-6B-3F.1 which reduces the front yard on Washington Street by 11.46 ft.
The resulting setback would 28.54 feet instead of the required 40-feet.
• Variation to Section 13-6B-3F.2(a) reduce the corner side abutting Wood Road by 18.25 feet.
The resulting setback would be 21.75 feet for both the addition to the home as well as
construction of the new detached garage. This setback along Wood Road is one (1) foot more
than granted to the property in 2006.
• Variation to Sections 13-3-6A.3(b) and 13-3-6A.3(h)to permit the detached garage to be located
as proposed, which is in the 40-ft. required corner side abutting a street.
Recommendation:
By a vote of 6 to 0, the Zoning Board of Appeals 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 April 16, 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."
Page 2. A7 ,
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°F�o 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: Appleyard—506 Wood—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
630.368.5101 hearing d completed its review and deliberations on a petition from Troy nd Susan
FAX 630.368.5128 g p p y
Appleyard, the owners of the property located at 506 Wood Road, seeking approval of
Engineering several variations in order to construct an addition to their existing single-family home
Department as well as construct a detached garage.
630.368.5130
FAX 630.368.5128
The original home on this property was built during the 1920's on a lot that measures
Fire Department approximately 15,680 square feet, which is less than one-half, required under the R-2
630.368.5200 zoning designation (43,560 square feet). In 1992, the Village approved Ordinance S-
FAX 630.368.5250
747 that granted a variation to the front, corner side yard and side yard to permit
Police Department additions to that original home. In 2006, Ordinance S-1168 was approved to permit
630.368.8700 the construction of a new home. However, due to the economic conditions, that new
FAX 630.368.8739 home was never built.
Public Works
Department To accommodate the planned improvements, the following variations are being
630.368.5270 requested:
FAX 630.368.5295
• Variation to Section 13-6B-3F.1 which reduces the front yard on Washington
Oak Brook Street by 11.46 ft. The resulting setback would 28.54 feet instead of the
Public Library
required 40-feet.
600 Oak Brook Road . Variation to Section 13-6B-3F.2(a) reduce the corner side abutting Wood Road
Oak Brook,IL 60523-2200 b 18.25 feet. The setback would be 21.75 feet for both the addition
630.368.7700 y e resulting
FAX 630.368.7704 to the home as well as construction of the new detached garage. This setback
along Wood Road is one (1) foot more than granted to the property in 2006.
Oak Brook Sports Core
• Variation to Sections 13-3-6A.3(b) and 13-3-6A.3(h) to permit the detached
Bath&Tennis Club garage to be located as proposed, which is in the 40-ft. required corner side
700 Oak Brook Road abutting a street.
Oak Brook,IL 60523-4600
630.368.6420
FAX 630.368.6439 Public Comment
All interested parties were notified of the public hearing. Several residents of the
Golf Club neighborhood spoke in support of the requested variations. A letter of support was
2606 York Road also contained in the case file. No one spoke in opposition to the request.
Oak Brook,IL 60523-4602
630.368.6400
FAX 630.368.6419
• •
May 16, 2012
Village President and Board of Trustees
RE: Appleyard—506 Wood—Variations
Page 2
Recommendation
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.
By a vote of 6 to 0, the Zoning Board of Appeals 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 April 16, 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."
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-506Wood-VAR-May2012.doc
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5. C. APPLEYARD — 506 WOOD ROAD — VARIATION TO FRONT YARD APPLEYARD - 506
WOOD ROAD -
AND SIDE YARD (WOOD ROAD) SETBACKS — TO ALLOW THE VARIATION - FRONT
CONSTRUCTION OF AN ADDITION AND DETACHED GARAGE AND s>DE YARD
SETBACKS - TO
ALLOW ADDITION
AND GARAGE
Acting Chairman Savino swore in those that testified at this hearing.
Susan Appleyard, 5604 Laurel Avenue, LaGrange, the property owner said that
the property she and her husband purchased was built somewhere around 1920
and was annexed into the Village in 1962 and zoned R-2. Under the R-2
standards the minimum lot is 43,560 square feet. This lot is only 15,369 square
feet, which is well under the minimum R-2 standard. Under the R-2 guidelines
there is a minimum 40 foot setback from any street and a 60 foot rear yard
setback. The property is located on the corner of Wood and Washington so
there are two street frontages creating an additional hardship. The buildable
area is further limited because there is an easement running through the west
end of the property that was granted so that the neighbor to the north could
access their garage at Wood Road.
There were two previously granted variations on this property. One in 1993,
which was constructed and another in 2006 for the construction of a new
structure, however, that never occurred. Their intention is to rehab it and make
it their personal residence. The house has been vacant for about 4-5 years. It
was vacant when they purchased the house in 2009. The house is in serious
disrepair, is an eyesore and detracts from the neighborhood. It does have some
historical value and they would like to keep what they can of the house, remove
a section and rebuild a two-story addition for a kitchen and master bedroom.
They also need to construct a two-car garage to the west of the house. The
hardship is that the lot is only one-third of the minimum size requirement for an
R-2 lot, plus there are 2 street frontages and an easement running through it. It
is very difficult, if not impossible,to redevelop the property without a variation.
The plans that have been submitted call for the addition to be located 22.75 feet
from Wood Road instead of the 40 foot requirement. The house will not
encroach any further than the existing house already does. The variation that
was granted in 2006 was larger than what they plan to build. The plan shows
an existing driveway and a new driveway; however the existing driveway on
the east side of the property will be removed. Currently, there is a garage under
the house that will eventually be converted into a room and the only driveway
that will be on the west side of the property.
Mrs. Appleyard responded to the Variation Standards as follows:
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 14 of 19 May 1, 2012
1. a. The property in question cannot yield a reasonable return if
permitted to be used only under the conditions allowed by the
regulations governing the district in which it is located.
RESPONSE: The zoning requirements (R-2) would unduly restrict the size of
any structure that would be built upon it. Lot area is 15,600 square feet, but R-
2 applies to lots of 43,560 square feet. As such,there are required setbacks that
severely limit the buildable area on this lot. In addition,there are two street
frontages that also require a 40-foot building setback to the front and side yards.
This further restricts the undersized lot.
1. b. The plight of the owner is due to unique circumstances.
RESPONSE: The lot size is unusually small for an R-2 zoning district, at only
1/3 the size of conforming lots. In addition, there was an easement granted on
the west side of the property so that the neighbor to the north can access a
detached garage from Wood Road. Furthermore, it is a corner lot, so the
setbacks apply to two sides of the house rather than just one front yard.
1. c. The variation, if granted, will not alter the essential character of the
locality.
RESPONSE: The variation will allow the property owners to update a house
that has been vacant for a number of years, is in serious disrepair, and detracts
from the upscale character of the neighborhood. The results will improve the
essential character of the locality.
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: The lot is long and narrow, and located on a corner, which
means that there are two frontage setbacks that must be adhered to.
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: Most of the lots within the same zoning classification are much
larger and would not face the same 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.
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 15 of 19 May 1, 2012
• • is .�
RESPONSE: The granting of the variation will allow the property to become
consistent with the character of surrounding properties. It will in no way be
injurious to other property or improvements in the neighborhood. The current
state of the property is detrimental to other properties in the area, and if the
variation is granted,the updated and improved home will help to enhance
surrounding property values in the neighborhood.
2. d. The proposed variation will not impair an adequate supply of light
and air to adjacent property, or substantially increase the danger of
fire, or otherwise endanger the public safety or substantially
diminish or impair property values within the neighborhood.
RESPONSE: The proposed variation will in no way impair the supply of light
and air to the adjacent property. The neighbor located closest to the property
has submitted written approval of the proposed site plans to the Village of Oak
Brook.
2. e. That the purpose of the variation is not based exclusively upon a
desire to make more money out of the property.
RESPONSE: The purpose of the variation is based upon the owners' desire to
rehab a historic home and use it as their primary residence.
2. f. That the alleged difficulty or hardship has not been created by any
person presently having an interest in the property.
RESPONSE: The existing hardship has not been created by any person having
an interest in the property, but rather was present at the time the property was
purchased.
Mrs. Appleyard said that they tried to talk to many of the neighbors in the area
and showed them the elevation plans of what they plan to do and they received
very positive responses.
Acting Chairman Savino asked for those who were in favor of the proposal and
all were sworn in..
Mary Lebbin, 3815 Washington Street and lives down the street from this
property. She was very much in favor of the project and noted that the house is
in terrible disrepair and an eyesore in the neighborhood. The plans are beautiful
and they are really in support of it.
Mike Flannery, 521 Wood Road said that they were not able to meet with them
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 16 of 19 May 1, 2012
because they were out of time, however they had a chance to speak with the
other neighbors and were able to see the plans of what was being proposed and
they agree with Mrs. Lebbin that the house has been in disrepair for many years
and detracts from the property values and they have been anxious to see
something happen. They are very much in support of the project that was
proposed as a way to enhance the property and do it in a way that the character
of the proposed home is consistent to what is in the neighborhood.
Member Bulin applauded their willingness to take on this type of project. It is
commendable that they are going to restore it. With the proximity to the
Historic Gateway Area, it is appropriate.
Member Cappetta asked what the elevation would be on the Washington side.
John Beard, the architect stated that they are using the existing ridgeline. They
wanted to maintain the character of the existing home. The westernmost
portion of the house had been falling apart, and that is the portion that they
would tear away and would save the portion of the house to the east and would
add the addition on the west end and the detached garage further to the west.
The encroachments requested do not go beyond any part of the existing home
right now. They are asking to utilize those same setbacks that are there
currently.
Member Ziemer noted that the only thing really different was the detached
garage and that the alignment would go along the setback on Wood Road. He
noted that the lower garage would be removed.
Mr. Beard agreed and responded that it would be turned into a habitable space
at some point.
Member Nimry said that there is less encroachment along the back of the house
than what exists.
Acting Chairman Savino said that the standards had been addressed in their
testimony and in writing on page C of the case file.
Acting Chairman Savino noted that the variations being requested were as
follows:
1. Variation to Section 13-613-317.1 which reduces the front yard on
Washington Street by 11.46 feet. The resulting setback would 28.54
feet instead of the required 40-feet.
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 17 of 19 May 1, 2012
• • /� ,�
2. Variation to Section 13-6B-3F.2(a) reduce the corner side abutting
Wood Road by 18.25 feet. The resulting setback would be 21.75 feet
for both the addition to the home as well as construction of the new
detached garage. This setback along Wood Road is one (1) foot more
than granted to the property in 2006.
3. Variation to Sections 13-3-6A.3(b) and 13-3-6A.3(h) to permit the
detached garage to be located as proposed, which is in the 40-foot
required corner side abutting a street.
Motion by Member Bulin, seconded by Member Young to recommend
approval of variations as requested above, 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: 6 — Members Bulin, Cappetta, Nimry, Savino, Young and Ziemer
Nays: 0
Absent: 1 — Chairman Davis. Motion carried.
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 18 of 19 May 1, 2012
VILLAGE OF OAK BROOK
Zoning Board of Appeals
STAFF REPORT
DATE: April 23, 2012
CASE NOS: 2012-06-ZO-VAR
DESCRIPTION: Variations to: Section 13-6B-3F.1 to reduce the front yard on
Washington Street; Section 13-6B-3F.2(a) to reduce the corner
side abutting Wood Road; and Sections 13-3-6A.3(b) and 13-3-
6A.3(h) to permit the construction of new detached garage that
outside of the required rear yard or current buildable area.
PETITIONERS: Troy and Susan Appleyard
5149 Barnwall Court
Lisle, IL 60532
ADDRESS: 506 Wood Road
EXISTING ZONING: R-2 (Single-Family Detached Residence District)
EXISTING LOT SIZE: Approximately 15,680 square feet (R-2 District requires 43,560
square feet)
ZONING/USE OF SURROUNDING PROPERTY:
North: R-2 (Single-Family Detached Residence District), single-family
homes.
South: R-2 (Single-Family Detached Residence District), single-family
homes.
East: R-3 (Single-Family Detached Residence District), single-family
homes.
West: R-2 (Single-Family Detached Residence District), single-family
homes.
BACKGROUND/DISCUSSION:
Troy and Susan Appleyard, the owners of the property located at 506 Wood Road are requesting
approval of several variations in order to construct an addition to their existing single family
home as well construct a detached garage.
The original home on this property was built during the 1920's on a lot that measures
approximately 15,680 square feet, which is less than one-half, required under the R-2 zoning
STAFF REPORT—506 WOOD ROAD—VARIATIONS—FRONT AND CORNER SIDE YARDS
CASE No: 2012-06-ZO-VAR
designation (43,560 square feet). In 1992, the Village approved Ordinance S-747 that granted a
variation to the front, corner side yard and side yard to permit additions to that original home.
In 2006, Ordinance S-1168 was approved to permit the construction of a new home. That
ordinance maintained the 40-foot front yard setback on Washington Street but allowed the new
home to be constructed with a corner side yard abutting Wood Road to be 22.75 ft. Due to the
economic conditions,that new home was never built.
The Appleyards are now seeking approval of plan to add onto the existing home as well as
construct a new detached garage that matches the scale and architecture of the home. To
accommodate the planned improvements, the following variations are being requested:
• Variation to Section 13-613-317.1 which reduces the front yard on Washington Street by
11.46 ft. The resulting setback would 28.54 feet instead of the required 40-feet.
• Variation to Section 13-6B-3F.2(a) reduce the corner side abutting Wood Road by 18.25
feet. The resulting setback would be 21.75 feet for both the addition to the home as well
as construction of the new detached garage. This setback along Wood Road is one (1)
foot more than granted to the property in 2006.
• Variation to Sections 13-3-6A.3(b) and 13-3-6A.3(h) to permit the detached garage to be
located as proposed, which is in the 40-ft. required corner side abutting a street.
Please the detailed information provided by the petitioner in the case file.
Staff Comments:
• The variation process in the Village of Oak Brook requires the applicant to show hardship
and unique circumstance. Since Oak Brook was incorporated in 1958, the owners of the
property at 506 Wood Road have been able to secure two separate approvals of variations
in order to improve the property on a very narrow and undersized parcel. (See GIS aerial
map of the buildable area currently allowed on the lot.
• From Staff s perspective, the proposed variations being sought by the Appleyard's appear
to be consistent with the previous ordinance approvals granted to 506 Wood Road.
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:
2
• •
STAFF REPORT—506 WOOD ROAD—VARIATIONS—FRONT AND CORNER SIDE YARDS
CASE No: 2012-06-ZO-VAR
a. The property in question cannot yield a reasonable return if permitted to be used only
under the conditions allowed by the regulations governing the district in which it is
located.
b. The plight of the owner is due to unique circumstances.
c. The variation, if granted, will not alter the essential character of the locality.
2. For the purpose of supplementing the above standards,the Zoning Board of Appeals, in
making the determination whether there are practical difficulties or particular hardships,
shall also take into consideration the extent to which the following facts, favorable to the
applicant, have been established by the evidence that:
a. The particular physical surroundings, shape, or topographical conditions of the specific
property involved would bring a particular hardship upon the owner as distinguished
from a mere inconvenience if the strict letter of the regulation were to be carried out.
b. The condition upon which the petition for variation is based would not be applicable
generally to the other property within the same zoning classification.
c. The granting of the variation will not be detrimental to the public welfare or injurious
to other property or improvements in the neighborhood in which the property is located.
d. The proposed variation will not impair an adequate supply of light and air to adjacent
property, or substantially increase the danger of fire, or otherwise endanger the public
safety or substantially diminish or impair property values within the neighborhood.
e. That the purpose of the variation is not based exclusively upon a desire to make more
money out of the property.
f. That the alleged difficulty or hardship has not been created by any person presently
having an interest in the property."
CONCLUSION:
If the Zoning Board of Appeals is of the opinion that the applicants have satisfied the
requirements for the variations to the Zoning Ordinance for the property located at 506 Wood
Road, a recommendation would be in order to approve each of the requests subject to the
following condition:
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.
3
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STAFF REPORT-506 WOOD ROAD-VARIATIONS-FRONT AND CORNER SIDE YARDS
CASE No: 2012-06-ZO-VAR
Findings of fact, which are the basis of the Zoning Board of Appeals determination, should be
stated as part of either motion. The recommendation may state any conditions reasonably related
to the petition, which the Zoning Board deems necessary to protect the public interest.
Respectfully S/ubmi
Robert L. Kall' n Jr., AICP
Director of ommunity De elopment
4
• •
DAVID H. FICHTER
3804 WASHINGTON•OAK BROOK,IL 60523 (630) 789-1779
April 23, 2012
Robert L. Kallien, Jr.,AICP,
Director of Community Development
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523-2255
Re: Approval of Requested Variation at 506 Wood Road
Dear Mr. Kallien:
I have visited the village office and have had the opportunity to review the site plan dated
03-23-12 by JB Architecture for the Appleyard property at 506 Wood Road and find the
petitioner's requested variation to be acceptable.
Sin rely,
David H. Fichter
9
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Village of April 13, 2012
Oak Brook
1200 Oak Brook Road
Oak Brook,IL 60523-2255 Dear Resident/Property Owner:
Website
www.oak-brook.org The Oak Brook Zoning Board of Appeals and the Village Board will be considering a
Administration variation as requested below at its meetings scheduled on the reverse side of this
630.368.5000 notice.
FAX 630.368.5045
The application has been filed by: Troy and Susan Appleyard
.Community 5149 Barnwall Court
Development Lisle, IL 60532
630.368.5101
FAX 630.368.5128
The property in question is located at: 506 Wood Road
Engineering
Department Relationship of applicant to property: Property owner
630.368.5130
FAX 630.368.5128
Fire Department Also shown on the reverse side of this notice is a map* of the area to assist you in
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 allow an
Police Department addition and detached garage to be constructed on the property located at 506 Wood
630.368.8700 Road, Oak Brook, Illinois 60523. The requested relief is as follows: an approximate
FAX 630.368.8739 nineteen (19) foot encroachment into the required forty (40) foot side yard setback
Public works abutting Wood Road; an approximate twelve (12) foot encroachment into the required
Department forty (40) foot front yard setback abutting Washington Street; and to allow a portion of a
630.368.5270 detached garage twenty (20) feet in height to be located in the required side yard
FAX 630.368.5295 setback abutting Wood Road.
Oak Brook If you desire more detailed information, please contact the Community Development
Public Library Department at 630-368-5103 between 8-4, Monday through Friday.
600 Oak Brook Road Sincerely,
Oak Brook,IL 60523-2200
630.368.7700
FAX 630.368.7704
Oak Brook Sports Core Robert L. (lien, Jr., P
Director LComrauw6 Development
Bath&Tennis Club RLK/gp
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
U
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
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LOCATi
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*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 •
Appleyard-506 Wood VAR.res Itr.doc
•
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that a public hearing before .
the Zoning Board of Appeals of the Village of Oak Brook
Du Page and Cook Counties,Illinois,will be held on Tues ,
day,May 1,2012 at 7:00 p.m.in the Samuel E.Dean Boar
Room of the Butler Government Center, Village of Oak
Brook,1200 Oak Brook Road,Oak Brook,I I linois 60523 for
the purpose of considering the application from the prop-
erty owners, Troy and Susan Appleyard, 5149 Barnwall
Court,Lisle, a for u The Title 1 of are Seeking°Ordinance CERTIFICATE OF PUBLICATION
Lion as provided for under Title 13 of the Zoning Ordinance
of the Village of Oak Brook, Illinois, Ordinance G-60 as
amended. Paddock Publications,Inc.
The petitioner has submitted an application seeking ap-
proval of variation to allow an addition and detached gar-
age to.be constructed on the property located at 506 Wood
Road,Oak k Brook,Illinois 60523.The requested relief is as C
follows:an approximate nineteen(19)foot encroachment
into the required forty(40)foot side yard setback abutting
Wood Road; an approximate Twelve (12) foot encroach
ment into the required forty (40)foot front yard setback
abutting Washington Street;and to law a a of de-
Cached garage twenty(20)feet in heigig ht to be e located in n the Corporation organized and existing under and by virtue of the laws of
required side yard setback abutting Wood Road.
All persons desiring to be heard will be afforded an oppor- the State of Illinois,DOES HEREBY CERTIFY that it is the publisher
tunity to do so and may submit their statements orally or in
writing or both.The hearing may be recessed to another of the DAILY HERALD.That said DAILY HERALD is a secular
date if notice of time and place thereof is publicly an-
need at the hearing is given by newspaper Publica-
tion newspaper and has been circulated daily in the Village(s)of
Lion not less than five(5))days prior To the date of the re-
cessed hearing.
The sublect property is located at 506 Wood Road in Oak Addison,Bensenville,Bloomingdale,Carol Stream,Glendale Heights,
Brook,Illinois and the legal description is as follows:
PART OF THE EAST HALF OF THE SOUTHWEST Glen Ellyn,Itasca,Keeneyville,Lisle,Lombard,Medinah,Naperville,
RANGE 11,EAST SECTION TE THITOWNSHIP IINCIPAL NORTH,
IAN,DESCRIBED BY COMMENCING AT THE SOUTH- Oak Brook, Oakbrook Terrace,Roselle,Villa Park,Warrenville,
EAST CORNER O THE SOUTHWEST UARTER OF
SAID SECTION 36,F THENCE WEST 10 CHA NSALONG West Chicago,Wheaton,Winfield,Wood Dale
THE SECTION LINE TOTHE CENTER LINE OF ROAD,
NOW KNOWN AS WASHINGTON STREET; THENCE
NORTH ALONG THE CENTER LINE OF WASHINGTON
STREET 413 FEET FOR A PLACE OF BEGINNING
(SAID PLACE OF BEGINNING BEINGTHE INTERSEC-
TION OF THE CENTER LINE OF WASHINGTON
STREET AND THE NORTH LINE OF WOOD AVENUE
EXTENDED EAST),THE NORTH LINE OF WOOD AVE-
NUE BEING33 FEET NORTH OF THE NORTH LINE OF
BLOCK 4 OF GLENDALE SUBDIVISION, RECORDED
SEPTEMBER 8, 1926 AS DOCUMENT 220961; THENCE
NORTH ALONG THE CENTER LINE OF WASHINGTON
STREET74.57 FEET;THENCE WEST 10CHAINS,MORE
OR LESS,TO THE WEST LINE OF THE EAST HALF OF
THE SOUTHWEST QUARTER OF SAID SECTION 36;
THENCE SOUTH ALONG SAID WEST LINE 74.27 FEET
TO THE NORTH LINE OF WOOD AVENUE, AFORE-
SAID; THENCE EAST ALONG THE NORTH LINE OF
WOOD AVENUE, AFORESAID, 10 CHAINS MORE OR
LESS,TO THE PLACE OF BEGINNING(EXCEPTING
THE WEST450FEETTHEREOF)IN DUPAGE COUNTY,
ILLINOIS.
P IN:06-36-300-088
The petitioner's application Including all supporting docu-
ments is on file with the Director of Community Develop-
ment.Persons wishing to examine the petition documents
may arrange to do so with the Community Development
Department Villaya of Oak Brook,1200 Oak Brook Road,
Oa k Brook,IL 60523,telephone 630-368-5103. County(ies)of DuPage
In accord with the provisions of the American with Disabil-
ities Act,any individual who Is in need of a reasonable ac- and State of Illinois,continuously for more than one year prior to the
commodation In order to participate in or benefit from at-
tendance at this public meeting should contact the date of the first publication of the notice hereinafter referred to and is of
Village's ADA Coordinator,at 630-368-5022 as soon as pos-
sible Cha before the meeting date, general circulation throughout said Village(s),Count (/ieS and State.
Charlotte at the Village Clerk g yl )
Published at the direction of the Corporate Authorities and
the Zoning Board of Appeals of the Village of Oak Brook,
Du Page and Cook Counties,I Ilinois.
Published in Dally Herald April 12,2012(4297581) I further certify that the DAILY HERALD is a newspaper as defined in
"an Act to revise the law in relation to notices" as amended in 1992
Illinois Compiled Statutes,Chapter 7150,Act 5, Section 1 and 5.That a
notice of which the annexed printed slip is a true copy,was published
April 12,2012 in said DAILY HERALD.
IN WITNESS WHEREOF,the undersigned,the said PADDOCK
PUBLICATIONS,Inc.,has caused this certificate to be signed by,this
authorized agent,at Arlington Heights,Illinois.
PADDOCK PUBLICATIONS,INC.
DAILY HERALD NEWSPAPERS
BY \-' . e)
Authorized Agent
Control#4297581
B. Approval of Payroll for Pay Period Ending March 31, 2012 -.$649,755.67
CC Community Development Referrals
1) Shah- 12 Chatham Lane—Variation
2) Lapinski and Rios—606 Midwest Club Parkway—Variation
0 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
PGA Of OAx e9
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AGENDA ITEM
Regular Board of Trustees Meeting
of
April 10, 2012
SUBJECT: Referral -Appleyard- 506 Wood Road-Variation
FROM: Robert L. Kallien, Jr.,AICP, Community Development Director
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to refer the request for a variation for the property
located at 506 Wood Road to the Zoning Board of Appeals for public hearing and
recommendation.
Background/History:
Troy and Susan Appleyard, the owners of the property located at 506 Wood Road are requesting
approval of a variation to accommodate the construction of an addition. Because the existing
home already encroaches into the required side yard,the variation request is necessary.
Recommendation:
Please refer the request for a variation to the Zoning Board of Appeals for public hearing and
recommendation.
BOT-Referral-506 Wood.Var.doc t�5
ORDINANCE 2006-ZO-V-S-1168
(
AN ORDINANCE GRANTING A VARIATION FROM THE
PROVISIONS OF SECTION 13-613-31F.2(a) OF
TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE
OF THE VILLAGE OF OAK BROOK RELATIVE TO
SIDE YARD REQUIREMENTS
(506 Wood Road, Oak Brook, Illinois 60523, P.I.N. 06-36-300-051),
WHEREAS, an application has been tiled requesting a variation from the provisions of Section
13-613-3F.2(a) (Lot Area Requirements/Yards/Side) of Title 13 (Zoning Regulations) of the Village Code.
The Petitioner is requesting a variation from the required side yard of forty feet (40') along a street, being
Wood Road, to allow a reduction of the required side yard.along a street to approximately twenty-two feet,
nine inches (22' 9"), in order to construct a new single-family home on the property commonly known as
506 Wood Road, Oak Brook, Illinois, legally described below;and
WHEREAS, a public hearing of such application has been conducted by the Zoning Board of
Appeals of the Village of Oak Brook on August 1, 2006, pursuant to due and appropriate legal notice;and
WHEREAS, the said Zoning Board of Appeals made explicit findings of fact that the variation
requested conform to the standards set forth in Sections 13-14-6D and 13-613-3F.2(a)of the Village Code;
and
WHEREAS, the Village President and Board of Trustees concur with the recommendations and
findings made by the Zoning Board of Appeals.
NOW,THEREFORE, BE 1T ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGI=OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows:
Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as
though fully set forth herein.
Section 2: That a variation is hereby granted from the provisions of Section 13-613-3F.2(a)of the
Village Code of the Village of Oak Brook to permit construction of a new single-family home and allow a
reduction of the required side yard along a street to approximately twenty-two feet, nine inches (22' 9"):
Section 3: That construction is to be in substantial conformance with the plans labeled H and H1
of the case file and elevations are to be refined to comply therewith.
4
Section 4: That this Ordinance is limited and restricted to the property known as 506 Wood
Road, Oak Brook, Illinois,which property is legally described as follows:
PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 3d, TOWNSHIP
39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED BY
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID
SECTION 36, THENCE WEST 10 CHAINS ALONG THE SECTION LINE TO THE CENTER
LINE OF ROAD, NOW KNOWN AS WASHINGTON STREET; THENCE NORTH ALONG THE '
CENTER LINE OF WASHINGTON STREET 413 FEET FOR A PLACE OF BEGINNING (SAID
PLACE OF BEGINNING BEING THE INTERSECTION OF THE CENTER LINE OF
WASHINGTON STREET AND THE NORTH LINE OF WOOD AVENUE EXTENDED EAST),THE
Ordinance 2006-ZO-V-S-1168
Granting Variation from Required Side Yard(ICitsutkin)
(506 Wood Road,P.I.N.06-36-300-051)
Page 2of2
( NORTH LINE OF WOOD AVENUE BEING 33 FEET NORTH Of THE NORTH LINE OF BLOCK
4 OF GLENDALE SUBDIVISION, RECORDED SEPTEMBER 8, 1926 AS DOCI)MENT 220961;
THENCE NORTH ALONG THE CENTER LINE OF WASHINGTON STREET 74.57 FEET;
THENCE WEST 10 CHAINS, MORE OR LESS, TO THE WEST LINE OF THE EAST HALF OF
THE SOUTHWEST QUARTER OF SAID SECTION 36; THENCE SOUTH ALONG SAID WEST
LINE 74.27 FEET TO THE NORTH LINE OF WOOD AVENUE, AFORESAID; THENCE EAST
ALONG THE NORTH LINE OF WOOD AVENUE, AFORESAID, 10 CHAINS MORE OR LESS,
TO THE PLACE OF BEGINNING (EXCEPTING THE WEST 450 FEET THEREOF) IN DUPAGE
COUNTY, ILLINOIS.
PERMANENT INDEX NUMBER 06-36-300-051
Section 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of the conflict.
Section 6. This ordinance shall be in full force and effect from and after its passage, approval
and publication as required by laud.
APPROVED THIS IP day of September, 2006.
Kevi Quinlan
Vill ge President
PASSED THIS 12th day of September,2006.
Ayes: Trustees Craig Kennedyr,_Manofsky. Sanford and Yusuf
Nays: None
Absent: Trustee Aktipis
...
�,♦�y-yT�'i {" ATTEST:
4, ,
Linda K. Gonnella, CMC
�''Ci11 t�;:�' Village Clerk '
ORDINANCE S- 747
AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF
SECTION VII(D)(8) OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK,
ORDINANCE G--60, AS AMENDED, RELATIVE TO FRONT AND SIDE. YARD REQUIREMENTS
IN AN R-2 SINGLE-FAMILY DETACHED RESIDENCE DISTRICT
(506 Wood Road)
WHEREAS, an application has been filed requesting variations from the -
provisions of section VII(D) (8) of the Oak Brook Zoning Ordinance, Ordinance
G-60, as amended; and
WHEREAS, a public hearing on such application has been conducted by the
Zoning Board of Appeals on November 3, 1992, pursuant to due and appropriate
legal notice; ' and
WHEREAS, the said Zoning Board of Appeals made explicit findings of fact
that the variations requested conform to the standards set forth in Section
VII(D) (8) of the Oak Brook Zoning Ordinance; and
WHEREAS, the Village President and Board of Trustees concur with the
{ recommendation of the Zoning Board of Appeals to grant said variations;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
section 1: That the .provisions of the preamble hereinabove set forth
are hereby adopted as though fully set forth herein.
Section 2: That a variation is hereby granted from the provisions of
Section VII(D) (8) of the Zoning Ordinance of the Village of Oak Brook so as to
allow the construction of a second story bedroom addition to the east end of
the residence, and the replacement of the existing porch with a new roofed
porch, thereby reducing the front yard from the required 40 feet to 27 feet,
the north side yard from the required 16 feet to 15 feet and the south side
yard from the required 40 feet to 30 feet, provided that:
(1) the addition is constructed in substantial conformity with the
plans prepared'by A. W. Wendell & Sons, Inc. , 1121 Warren Avenue,
Downers Grove, IL, dated September 17, 1992, a copy of which was filed
with the petition for variation, and
(2) the porch shall remain unenclosed.
Section 3: That this Ordinance is limited and restricted to the
property located at 506 Wood Road, which property is legally described as
follows:
l
ordinance s- 747
Granting Front and Side Yard
variations, 506 Wood Road
Page 2
Part of the East half of the Southwest Quarter of Section 26,
Township 39 North, Range 11, East of the Third Principal Meridian,
described by commencing at the Southeast corner of the Southwest
Quarter of said Section 36, thence West 10 chains along the
section line to the center line of the road now known as
Washington Street; thence North along the centerline of Washington
Street 413 feet for a place of beginning (said place of beginning
being the intersection of the centerline of Washington Street and
the- North line of Wood Avenue extended East: the North line of
Wood Avenue being 33 feet North of the North line of Block 4 of _
Glendale Subdivision, recorded September 8, 1926, as Document No.
220961) ; thence North along the centerline of Washington Street
74.57 feet; thence West 10 chains more or less to the West line of
the East half of the Southwest Quarter of said Section 36, thence
South along said West line, 74.27 feet to the North line of Wood
Avenue aforesaid; thence East along the North line of Wood Avenue
aforesaid 10 chains more or less to the place of beginning (except
the West 450.00 feet thereof) in DuPage county, IL. Permanent
Parcel No. 06-36-300-051.
Section 4: That this ordinance shall be in full force and effect from
and after passage and approval pursuant to law.
PASSED THIS 8th day of December , 1992.
Ayes: Trustees Bartecki, Mayer, Payovich, Shumate, Skinner and Winters
Nays: None
Absent: None
Abstain: wolne
APPROVED THIS gth day of -December_ 1992•
Village President
ATTEST:
Village Clerk
4/25/12 Sterling Codifiers,Inc.
D. Structure Height: SFANr)�S
1. Residential Uses: Not more than forty feet (40') except for continuous flat roofs, which shall
be not more than thirty feet (30')to the top of any parapet wall. However, where residential
building heights exceed thirty feet (30'), the highest space that can be occupied must have an
emergency escape and rescue opening at a maximum elevation of thirty two feet(32') above
grade.
2. Institutional And Other Nonresidential Uses: Not more than forty five feet(45').
E. Ground Floor Area Per Dwelling:
1. One Story: Not less than one thousand five hundred (1,500) square feet.
2. Bilevel: Not less than one thousand three hundred (1,300) square feet (floors at grade and
above basement).
3. Dwellings Having More Than One Story: Not less than one thousand (1,000) square feet.
yards: Except as required in subsections Band D under"accessory uses and structures" in
section 13-6A-1 of this chapter, yards shall be provided as follows:
DFront: Not less than forty feet (40') in depth, except front yards abutting York Road and 22nd
Street shall have a depth of not less than one hundred feet(100').
OSide: Not less than twelve feet (12') in depth except:
le
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 thirtyfeet(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)
www.sterlingcodifiers.com/codebook/index.php?book—id=333
;meriing uoainers, inc. rage 1 of
13-3-6: ACCESSORY USES AND STRUCTURES:
( Regulations:
1. Accessory uses and structures shall be compatible with the principal use and shall not
be established prior to the establishment of the principal use.
2. Accessory uses shall not include the keeping, propagation or culture of pigeons,
poultry, rabbits, bees, livestock or other nonhousehold animals for profit, except on
such lots where the pursuit of agriculture is a permitted principal or accessory use.
3. xcafte as otherwise regulated for specific principal uses, an accessory structure
ere
h r ere cted, altered, enlarged or moved in a lot shall conform with the following:
a. A detached accessory structure shall not be nearer than ten,feet (10') from the
nearest wall of the principal structure, and for each foot over ten feet (10') in length
that the wall of an accessory structure parallels and is next to the principal structure,
the required distance between the structure shall be increased by an additional one-
half foot (1/2').
An accessory structure shall not be located in any required front or side yard.
c. Accessory uses and structures shall not be located, erected, or altered in required
yards, except as provided in subsections Aid, A3g, and B of this section.
d. Detached accessory structures in a required rear yard in a residential district shall:
(1) Be not more than fifteen feet (15') in height except for detached garages that are
not constructed with a continuous flat roof. (See subsection A3h of this section for
detached garage heights.)
(2) Cover not more than thirty percent (30%) of the rear yard.
(3) Be located not less than five feet (6) from the side or rear lot line.
e. Accessory structures which are only permitted in required rear yards shall not be
constructed within the buildable area between the principal structure and adjacent
streets along the front or side lot lines unless a setback equal to double the required
front or side yard setback is maintained from the front or side yard lot line to such
accessory structure.
f. Except as provided in subsection Mg of this section, for an accessory structure
containing a dwelling unit or lodging rooms for domestic employees or temporary
nonpaying guests of the occupants of the principal dwelling, no detached structure
accessory to a single-family detached dwelling hereafter erected or altered at any
location on a lot shall be more than one story nor more than fifteen feet (15') in
height; a detached accessory structure shall not be nearer than ten feet (10') from
the nearest wall of the principal structure, and for each foot over ten feet (10') in
length that the wall of an accessory structure parallels and is next to the principal
http://www.sterlingcodifiers.com/codebook/printnow.php
Nterlmg Coditiers, inc. rage L of
• •
structure, the required distance between the structure shall be increased by an
additional one-half foot (1/2')•
g. Accessory single-family detached dwellings or detached structures containing
dwelling units or lodging rooms for domestic employees or temporary nonpaying
guests of the occupants of the principal single-family detached dwellings, or for
students, faculty, and personnel authorized to live on the premises of institutional or
other nonresidential uses shall not be located in any required yard for the principal
structure, and shall be located not less than forty feet (40') from the principal
structure except:
(1) When located on a lot ten (10) acres or more in area, such an accessory
structure, when designed as a part of an architectural entrance feature, may be
located in a required front yard or side yard adjoining a street.
(2) When located in back of a principal structure, the rear yard of the principal
structure shall be measured from the rear yard line to the nearest building wall of
such accessory structure.
a Detached garages, that are not constructed with a continuous flat roof, constructed
in the "buildable" area of a lot will be permitted to be built to the same height as the
principal structure. However, detached garages constructed in a required rear yard
of a single-family home shall be limited to the following heights:
R1 district: Twenty five feet (26).
R2 district (lots 1 acre or larger): Twenty two and one-half feet (225).
R2 district (lots less than 1 acre) and R3 district: Twenty feet (20').
R4 district: Seventeen and one-half feet (175).
Any detached garage located in a required rear yard, that is over fifteen feet (15') in
height, shall be required to increase the setback one foot (1') for every one foot (1')
of increased height over fifteen feet (15'). Detached garages constructed with a
continuous flat roof will be limited to a maximum height of fifteen feet (15).
B. Permitted In Required Yards: Accessory uses and structures are permitted in required
yards as follows with the following designations:
F = Yards adjoining streets
S = Interior side yards
R = Rear yards
F S R
Arbors or trellises, where trellises are attached to the principal structure X X X
http://www.sterlingeodifiers.com/codebook/printnow.php �Q
�pF Oqk� •
VILLAGE o AK BROOK
1200 OAK BROOK ROAD
OAK BROOK, IL 60523
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 ($50-each lot frontage) -Enter Number of Street Frontages/Per Parcel
APPLICANT TO COMPLETE NOTE: ALL APPLICATIONS ARE TO BE RECEIVED BY THE DIRECTOR OF COMMUNITY
DEVELOPMENT AND AFTER AN INITIAL REVIEW WILL BE FILED WITH THE VILLAGE CLERK.
LOCATION OF
SUBJECT PROPERTY 506 WOOD.ROAD PERMANENT PARCEL NO*. 6 _36 _300 _88
LOT NO. SUBDIVISION LEGAL ADDRESS* 506 WOOD ROAD
ZONING DISTRICT R-2 ZONING ORDINANCE SECTION 13-66-3F.2 (a)
ACTION REQUESTED -esisA,4 vai I avct Ao ea-a4 6Lc s in orAar Ao 6ui 1d
PROPERTY INTEREST OF APPLICANT: OWNER FJ— CONTRACT PURCHASER AGENT
OWNER(S)OF RECORD SUSAN AND TROY APPLEYARD PHONE (773)332-3130
ADDRESS 5604 LAUREL AVE. CITY LA GRANGE STATE IL ZIP 60525
BENEFICIARY(IES)OF TRUST PHONE
ADDRESS CITY STATE IL ZIP
NAME OF APPLICANT(and Billing Information) SUSAN APPLEYARD PHONE (773)332-3130
ADDRESS 5604 LAUREL AVE. CITY LA GRANGE STATE ZIP 60525
Contact Name and E-mail Address(s) SUSAN APPLEYARD scappley @yahoo.com
I(we)certify that all of the above statements and the statements contained in any papers or plans submitted herewith are true to the best of my(our)
knowledge and belief.I(we)give permission to the Village to install public hearing sign(s)on the lot frontages of the above subject property as
de ribed in the Vill ge Code. In ad tion to the above fees,applicant agrees to reimb a the Village for publication costs within 30 days of billing.
I AA 03119/2012 0 03/19/2012
Sign re of Owner Date Signature af ApplicAt Date
DO NOT WRITE IN THE SPACE BELOW-FOR OFFICE USE ONLY
Date Filed �a2�'�a-- Fee Paid$g� .. Receipt No./7 S?"71 Received By
Board of Trustees(Referral) Notice Published °� �-' Newspaper Daily Herald Adj.Property Owners Notified
PUBLIC HEARING DATES: Plan Commission b.4VI4 Zoning Board of Appeals
Board of of Tru ees 'tea -�� Board of Trustees (ate/aZ a-
/'71 �J ) (Approval
of Or inance�) "�
SIGNED-VILLAGE CLER �N _��
•NE-�TA-n{/C
LETTER OF EXPLANATION
BACKGROUND:
• The property at 506 Wood Road was built in approximately 1920 and annexed to the Village of
p p Y pp Y g
Oak Brook in 1962. Although it is R-2 zoned, the lot itself is 15,569 square feet, which is well
under the minimum R-2 standard of 43,560 square feet(one acre.)
• Under R-2 zoning district guidelines, there is a minimum setback of 40 feet from any street, as
well as a 60-foot rear setback. Since the property is located on the corner of Wood Road and
Washington Street,there are two street frontages, creating an additional hardship.
• Our buildable area is further limited because of an easement running through the west end of
our property. This was granted some years ago so that the neighbor to the north can access
their detached garage from Wood Road.
• There have been two previous variations granted for this property. One was for an addition on
the east side of the house (facing Washington Street)which was constructed in 1993. The other
was for an entirely new structure to be built,which never occurred.
PETITION:
We purchased the property at 506 Wood with the intention of rehabbing it and making it our personal
single-family residence. The house that is currently on the lot has been vacant for at least three years, is
in serious disrepair, and significantly detracts from the beauty of the neighborhood. Because it has
some historical character, however, we plan to retain much of the current house, update the interior
and exterior in compliance with today's building codes, and build a 2-story addition on the west side of
the existing structure. In addition, our plans include a detached 2-car garage on the west side of the
finished home, no higher than 20 feet.
There is a hardship present in that the lot is only 1/3 the size of conforming R-2 lots,there are two street
frontages, and the lot is limited by the aforementioned easement. As such, it would be virtually
impossible to redevelop this property without a variation being granted. Our architectural plans call for
the addition to be 22.75 feet from Wood Road, rather than the zoned 40-foot setback. The addition will
not encroach any further into the minimum setback than is already being done with the existing house.
In 2006 there was a variation granted for the property that would have allowed for a new, larger home
to be built. We are seeking a variation that is for a smaller structure than was previously approved and
will greatly improve the essence of the neighborhood. The neighbor closest to this house has submitted
written approval of our plan to the Village of Oak Brook, and we are in the process of meeting with as
many other neighbors as possible to discuss our intentions. We feel that our plans will bring this
structure up to the standard of surrounding homes and will be a welcome change to what is currently on
the lot.
Respectfully submitted,
Troy and Susan Appleyard
VARIATION STANDARDS
1. a. The property in question cannot yield a reasonable return if permitted to be
used only under the conditions allowed by the regulations governing the district
in which it is located.
RESPONSE: The zoning requirements (R-2) would unduly restrict the size of any
structure that would be built upon it. Lot area is 15,600 square feet, but R-2 applies
to lots of 43,560 square feet. As such, there are required setbacks that severely limit
the buildable area on this lot. In addition, there are two street frontages that also
require a 40-foot building setback to the front and side yards. This further restricts
the undersized lot.
1. b. The plight of the owner is due to unique circumstances.
RESPONSE: The lot size is unusually small for an R-2 zoning district, at only 1/3 the
size of conforming lots. In addition, there was an easement granted on the west side
of the property so that the neighbor to the north can access a detached garage from
Wood Road. Furthermore, it is a corner lot, so the setbacks apply to two sides of the
house rather than just one front yard.
1. c. The variation, if granted, will not alter the essential character of the locality.
RESPONSE: The variation will allow the property owners to update a house that has
been vacant for a number of years, is in serious disrepair, and detracts from the
upscale character of the neighborhood. The results will improve the essential
character of the locality.
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: The lot is long and narrow, and located on a corner, which means that
there are two frontage setbacks that must be adhered to.
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.
C= .
RESPONSE: Most of the lots within the same zoning classification are much larger
and would not face the same 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 granting of the variation will allow the property to become
consistent with the character of surrounding properties. It will in no way be injurious
to other property or improvements in the neighborhood. The current state of the
property is detrimental to other properties in the area, and if the variation is granted,
the updated and improved home will help to enhance surrounding property values in
the neighborhood.
2. d. The proposed variation will not impair an adequate supply of light and air to
adjacent property, or substantially increase the danger of fire, or otherwise
endanger the public safety or substantially diminish or impair property values
within the neighborhood.
RESPONSE: The proposed variation will in no way impair the supply of light and air
to the adjacent property. The neighbor located closest to the property has submitted
written approval of the proposed site plans to the Village of Oak Brook.
2. e. That the purpose of the variation is not based exclusively upon a desire to
make more money out of the property.
RESPONSE: The purpose of the variation is based upon the owners' desire to rehab
a historic home and use it as their primary residence.
2. f. That the alleged difficulty or hardship has not been created by any person
presently having an interest in the property.
RESPONSE: The existing hardship has not been created by any person having an
interest in the property, but rather was present at the time the property was
purchased.
C�.
it
�S k s 'rt 1♦ f ,f 1':; 1s r-� i�"n " Ate' '�t'l,'�S-i r s ?.°. ti i e� =-, �a
�« 2=�935 v
I SUSAN! C. APPLEYARD os o� ieiaens2
5494:RANIER DR.
K
I t e LISLE,'IL 60532
DATE L (o/ Z. ,;:
` 6RDEROFE. .V.tLA k&e- QF .oky— f3e m I .;B�D op
A
MISCELLANEOUS PAYMENT RECPT#: 175771
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK IL 60523
DATE: 03/30/12 TIME: 12:50
CLERK: Pfinaldi DEPT:
CUSTOMER#: 0
INFO: VARIATION/SETBACK
4302 ZONING/SUBDIVIS 850.00
AMOUNT PAID: 850.00
PAID BY: SUSAN APPLEYARD
PAYMENT METH: CHECK
REFERENCE: 3142
AMT TENDERED: 850,00
AMT APPLIED: 850.00
CHANGE: 00
L.
10 Certification
Surrounding Property Owners
I (we) certify that the names and addresses of all the surrounding property owners including mailing
labels submitted with this application are located within a minimum distance of 250 feet in all
directions from the perimeter of the subject property and that the number of feet occupied by all
public roads, streets, alleys, and public ways has been excluded in computing the 250-foot
requirement.
Said names and addresses are as recorded in the office of the County Recorder of Deeds (or the
Registrar of Titles of the County) and as appear from the authentic tax records of this County. The
property owners as listed have been obtained from the Township Assessors office within 30 days of
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.
Tt� pPel-ey kap EPPLEEY A f-D
Printed Name of Owner Printed Name of Applicant
natu of 0 er Date ignat of can Date
BILL TO INFORMATION:
T9*Y PRLEYAA—p TI o Y APP(XYA-2P 1030-215- 9-+I b
Print Dame/Company Contact Person Contact Phone
511-}q 6WIJWRtu CT . WSI.EI 1L 60532 113-332- 3i31)
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-2/2011
i
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 NUMBER
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M�GA(Ll�
(Attach additional sheets if necessary)
C-_V? CrD�r"t e MOi.tTp2 [5 I�Cot��J !t_d- [. 5lCufL4l 'i�li.t, 1.N4t3 '" f�f7�
PUBLIC HEARING Variation Packet-2/2011 ?IF
Sect Property Verifican
(Complete a separate form for each P.I.N.)
1. Permanent Index Number (P.I.N. from Real Estate Tax Bill): L, 3011
2. Common Address: SUIo W00'V eQ, 061�- 131Z =, kL 60523
3. Type the Complete Legal Description Below. (Attach a separate page if longer than the area provided)
4. Email the Legal Description to gpolaneki'a-oak-brook.org
The Permanent Index Number, Common Address and Legal information provided has been verified as follows:
DuPage County Records/Research Room: (630-682-7398) Contact Person: i
Date called: ��
I verify that the information provided above is accurate.
Printed Name Signature
Date: 3/101LZO12 Relationship to Applicant: C51?001se
DO NOT WRITE IN THIS SPACE—FOR OFFICE USE ONLY
Legal Description Review
Corrections Required Yes No
Approved By: Date
PUBLIC HEARING Variation Packet-2/2011 J
PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 39 NORTH, RANGE
11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED BY COMMENCING AT THE SOUTHEAST
CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 36, THENCE WEST 10 CHAINS ALONG THE
SECTION LINE TO THE CENTER LINE OF ROAD, NOW KNOWN AS WASHINGTON STREET; THENCE NORTH
ALONG THE CENTER LINE OF WASHINGTON STREET 413 FEET FOR A PLACE OF BEGINNING (SAID PLACE
OF BEGINNING BEING THE INTERSECTION OF THE CENTER LINE OF WASHINGTON STREET AND THE
NORTH LINE OF WOOD AVENUE EXTENDED EAST), THE NORTH LINE OF WOOD AVENUE BEING 33 FEET
NORTH OF THE NORTH LINE OF BLOCK 4 OF GLENDALE SUBDIVISION, RECORDED SEPTEMBER 8, 1926 AS
DOCUMENT 220961; THENCE NORTH ALONG THE CENTER LINE OF WASHINGTON STREET 74.57 FEET;
THENCE WEST 10 CHAINS, MORE OR LESS, TO THE WEST LINE OF THE EAST HALF OF THE SOUTHWEST
QUARTER OF SAID SECTION 36;THENCE SOUTH ALONG SAID WEST LINE 74.27 FEET TO THE NORTH LINE
OF WOOD AVENUE,AFORESAID;THENCE EAST ALONG THE NORTH LINE OF WOOD AVENUE,AFORESAID,
10 CHAINS MORE OR LESS,TO THE PLACE OF BEGINNING (EXCEPTING THE WEST 450 FEET THEREOF) IN
DUPAGE COUNTY, ILLINOIS.
PERMANENT INDEX NUMBER 06-36-300-000
i
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7 A 7
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Ordinance 2012- ZO- V -EX -S -1341
Grntng. Variations from Sections 13- 66 -3F.1,
13-66- 3F2(a) and 13- 3- 6A.3(b) of Title 13
For 506 Wood Road — 06 -36- 300 -088
Page 2 of 9
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
R findings the President and Board of Trustees.
Section 2. Grant of Variations For Addition. Pursuant to the standards set forth in Section
13 -14-6D of the Zoning Regulations, and subject to and contingent on the conditions set forth in Section 4
of this Ordinance, the Petitioners are hereby granted variations from Sections 13- 6B -3F.1 and 13-66 -
3F.2(a) of the Zoning Regulations to allow the Addition to encroach into the Required Front -Yard Setback
along Washington Street by approximately 11.46 feet and the Required Side -Yard Setback along Wood
Road by approximately 18.25.
Section 3. Grant of Variations For Garage. Pursuant to the standards set forth in Section
13 -14 -6D of the Zoning Regulations, and subject to and contingent on the conditions set forth in Section 4
of this Ordinance, the Petitioners are hereby granted a variation from Section 13- 3- 6A.3(b) of the Zoning
Regulations to allow the Garage to encroach into the required side yard along Wood Road by
approximately 18.25 feet.
Section 4. Conditions. The approvals granted in Sections 2 and 3 of this Ordinance are
expressly subject to and contingent upon each of the following conditions:
A. Substantial Conformance with Plans. The Addition and Garage shall be constructed in
substantial conformance with the approved plans dated April 16, 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 may be specifically varied or waived;
and
C. Compliance with Applicable Law. In addition to the other specific requirements of this
Ordinance, the Property, the Addition, the Garage 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 5. 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 Sections 2 and 3 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 6. 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 7. 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 8. Effective Date.
Ordinance 2012- ZO- V -EX -S -1341
Grntng. Variations from Sections 13-6B -3F.1,
13- 6B- 3F2(a) and 13- 3- 6A.3(b) of Title 13
For 506 Wood Road — 06 -36- 300 -088
Page 3 of 9
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 8.A.(iii) of this Ordinance within 60 days after the date of
final passage of this Ordinance, the Board of Trustees of Trustees will have the right, in their
sole discretion, to declare this Ordinance null and void and of no force or effect.
APPROVED THIS 12'° day of June, 2012.
Gopal G. Lalmalani
Village President
PASSED THIS 12th day of June, 2012.
Ayes: Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis
ATTEST:
&AW
Charlotte K. Pruss
Village Clerk
EXHIBIT A
LEGAL DESCRIPTION
Property:
Ordinance 2012- ZO- V -EX -S -1341
Grntng. Variations from Sections 13-66 -3F.1,
13 -6B- 3F2(a) and 13- 3- 6A.3(b) of Title 13
For 506 Wood Road — 06 -36- 300 -088
Page 4 of 9
PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 39
NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED BY COMMENCING
AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 36, THENCE
WEST 10 CHAINS ALONG THE SECTION LINE TO THE CENTER LINE OF ROAD, NOW KNOWN AS
WASHINGTON STREET; THENCE NORTH ALONG THE CENTER LINE OF WASHINGTON STREET
413 FEET FOR A PLACE OF BEGINNING (SAID PLACE OF BEGINNING BEING THE INTERSECTION
OF THE CENTER LINE OF WASHINGTON STREET AND THE NORTH LINE OF WOOD AVENUE
EXTENDED EAST), THE NORTH LINE OF WOOD AVENUE BEING 33 FEET NORTH OF THE NORTH
LINE OF BLOCK 4 OF GLENDALE SUBDIVISION, RECORDED SEPTEMBER 8, 1926 AS DOCUMENT
220961; THENCE NORTH ALONG THE CENTER LINE OF WASHINGTON STREET 74.57 FEET;
THENCE WEST 10 CHAINS, MORE OR LESS, TO THE WEST LINE OF THE EAST HALF OF THE
SOUTHWEST QUARTER OF SAID SECTION 36; THENCE SOUTH ALONG SAID WEST LINE 74.27
FEET TO THE NORTH LINE OF WOOD AVENUE, AFORESAID; THENCE EAST ALONG THE NORTH
LINE OF WOOD AVENUE, AFORESAID, 10 CHAINS MORE OR LESS, TO THE PLACE OF
BEGINNING (EXCEPTING THE WEST 450 FEET THEREOF) IN DUPAGE COUNTY, ILLINOIS.
Commonly known as 506 Wood Road
PIN: 06-36-300-088
Ordinance 2012- ZO- V -EX -S -1341
Grntng. Variations from Sections 13- 6B -3F.1,
13- 6B- 3F2(a) and 13- 3- 6A.3(b) of Title 13
For 506 Wood Road — 06 -36- 300 -088
Page 5 of 9
Exhibit B
Site Plan
Ordinance 2012- ZO- V -EX -S -1341
Grntng. Variations from Sections 13- 66 -3F.1,
13- 613- 31F2(a) and 13- 3- 6A.3(b) of Title 13
For 506 Wood Road — 06-36- 300 -088
Page 6 of 9
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois ( "Village ")
WHEREAS, an application was filed by the owners of the property located at 506 Wood Road,
Oak Brook, Illinois and legally described in Exhibit 1 ( "Property'), Susan Appleyard and Troy Appleyard
(collectively, the "Owners "), requesting variations to allow for: (i) the construction of an addition to the
house located on the Property that encroaches into the required font -yard setback along Washington
Street by approximately 11.46 feet and the required side -yard setback along Wood Road by
approximately 18.25 feet; and (ii) the construction of a detached garage within the required side yard; and
WHEREAS, Ordinance No. 2012- ZO- V -EX -S -1341, 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 8 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 or the detached garage on the Property, and that the Village's
issuance of any such permits does not, and will not, in any way, be deemed to insure the Owner against
damage or injury of any kind and at any time.
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 detached garage,
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
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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
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*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
Appleyard-506 Wood-VAR.res Itr.doc
Ordinance 2012- ZO- V -EX -S -1341
Grntng. Variations from Sections 13-66 -3F.1,
13- 613- 31`2(a) and 13- 3£A.3(b) of Title 13
For 506 Wood Road — 06 -36- 300 -088
Page 7 of 9
affected privilege or right shall continue only until 21 years after the death of the last survivor of the now
living lawful descendants of the current President of the United States, or for any shorter period that may
be required to sustain the validity of the affected privilege or right.
6. This Unconditional Agreement and Consent may not be amended, modified, released or annulled
except upon the express, prior written approval of the Village of Oak Brook.
[SIGNATURE PAGE FOLLOWS]
Ordinance 2012- ZO- V -EX -S -1341
Gmtng. Variations from Sections 13-613-3F.1,
13 -6B- 3F2(a) and 13- 3 -6A.3(b) of Title 13
For 506 Wood Road — 06 -36- 300 -088
Page 8 of 9
IN WITNESS WHEREOF, Susan Appleyard executed this Unconditional Agreement and Consent this
_150 day of V— 2012
State of Illinois
County of DuPage
I, G^-1 1 PoL- "K�IEIc a Notary Public in and for the County and State aforesaid do
hereby certify that Susan Appleyard, personally known to me, and that she appeared before me this
day of j / 2012, and acknowledged that she personally executed this
instrument.
PAL
GAJL P iE� Gam` T
GAIL OLANEK EK �-
Notary Pubilc- State ofIllinois Notary Public
1My Commission Expires Jul 12,2014!
Seal
IN V14ITNESS WHE EOF, Troy Appleyard executed this Unconditional Agreement and Consent this
day of 2012
Troy Ap yard
State of Illinois
County of DuPage
I, cvl," 7 /O a Notary Public in and for the County and State aforesaid do
hereby certify that Troy Appleyard, personally known to me, and that he appeared before me this SQL
day of 2012, and acknowledged that he personally executed this instrument.
OFRCIAL SEAL
PAIL POLANEK
L otary I fic cans of Imrwis Seal gmmissbn Expires Jul
12, 2014
Notary Public
Ordinance 2012- ZO- V -EX -S -1341
Gmtng. Variations from Sections 13- 6B -3F.1,
13 -6B- 3F2(a) and 13- 3- 6A.3(b) of Title 13
For 506 Wood Road — 06 -36- 300 -088
Page 9 of 9
EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT
Property:
PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 39
NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED BY COMMENCING
AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 36, THENCE
WEST 10 CHAINS ALONG THE SECTION LINE TO THE CENTER LINE OF ROAD, NOW KNOWN AS
WASHINGTON STREET; THENCE NORTH ALONG THE CENTER LINE OF WASHINGTON STREET
413 FEET FOR A PLACE OF BEGINNING (SAID PLACE OF BEGINNING BEING THE INTERSECTION
OF THE CENTER LINE OF WASHINGTON STREET AND THE NORTH LINE OF WOOD AVENUE
EXTENDED EAST), THE NORTH LINE OF WOOD AVENUE BEING 33 FEET NORTH OF THE NORTH
LINE OF BLOCK 4 OF GLENDALE SUBDIVISION, RECORDED SEPTEMBER 8, 1926 AS DOCUMENT
220961; THENCE NORTH ALONG THE CENTER LINE OF WASHINGTON STREET 74.57 FEET;
THENCE WEST 10 CHAINS, MORE OR LESS, TO THE WEST LINE OF THE EAST HALF OF THE
SOUTHWEST QUARTER OF SAID SECTION 36, THENCE SOUTH ALONG SAID WEST LINE 74.27
FEET TO THE NORTH LINE OF WOOD AVENUE, AFORESAID; THENCE EAST ALONG THE NORTH
LINE OF WOOD AVENUE, AFORESAID, 10 CHAINS MORE OR LESS, TO THE PLACE OF
BEGINNING (EXCEPTING THE WEST 450 FEET THEREOF) IN DUPAGE COUNTY, ILLINOIS.
Commonly known as 506 Wood Road
PIN: 06 -36- 300 -088