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S-1080 - 08/24/2004 - VARIATION - Ordinances Supporting Documentse4� • • .6 AGENDA ITEM Regular Board of Trustees Meeting of August 10, 2004 SUBJECT: Joe and Lilly Chou, Variation FROM: Kenneth T. Kubiesa, Village Attorney BUDGET SOURCE /BUDGET IMPACT: None RECOMMENDED MOTION: I move to pass Ordinance 2004- ZO -V -S -1080 An Ordinance Granting A Variation From The Provisions Of Section 13 -6C -3F (1) and (2) of Title 13 ( "Zoning Regulations ") Of The Village Code Of The Village Of Oak Brook Relative To Front and Side Yard Setback Requirements. Background /History: This ordinance grants a variation to Joe and Lilly Chou for a reduction in the required forty foot (40') front and side yard setbacks to thirty -five feet (35') at the property located at 301 Ashley Court. This variation is requested in order for the homeowner to construct a new single - family home on an unusually shaped lot with unique circumstances . Recommendation: I recommend that this ordinance be passed. Last saved by Default J \WORDDOC\BOARD MEMOS \Chou Vanation doc ^ Last printed 8/5/2004 4 55 PM III V ORDINANCE 2004-ZO-V-S-1080 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTIONS 13-6C-3F (1) AND (2) OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO FRONT AND SIDE YARD SETBACK REQUIREMENTS (Chou—301 Ashley Court, Oak Brook; IL 60523/P.I.N. 06-34-201-076) WHEREAS, the Village of Oak Brook has heretofore adopted an ordinance setting forth the Zoning Regulations for the Village of Oak Brook in Title 13 of the Village Code; and WHEREAS, Section 13-14-6 of the Village Code sets forth the authority and standards of the granting of variations to the Zoning Regulations; WHEREAS, Joe and Lilly Chou ("Petitioners") are the owners of certain property legally described as follows: LOT 6 IN WHITEHALL PARK, BEING A SUBDIVISION OF PART OF THE FRACTIONAL SECTION 34, LYING NORTH AND SOUTH OF THE INDIAN BOUNDARY LINE IN TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 30, 1964 AS DOCUMENT R 84-40190, IN DUPAGE COUNTY, ILLINOIS. WHEREAS, the Subject Property is located within the R-3 Single-Family Detached Residence District, the regulations of which require a front yard setback of not less than forty feet (40') in depth and a side yard setback of not less than forty feet(40') abutting a street; and WHEREAS, the Petitioner has submitted a petition for a variation to reduce the required front and side yard setback to approximately 35 feet for the purpose of constructing a new single-family home on the Subject Property ; and WHEREAS, on June 29, 2004, the Zoning Board of Appeals of the Village of Oak Brook conducted a public hearing at the Oak Brook Village Hall, 1200 Oak Brook Road, Oak Brook, Illinois in connection with the aforesaid petition, after due and appropriate legal notice was given;.and WHEREAS, the Zoning Board of Appeals specifically considered the standards, set forth in Section 13-14-6 (D) of the Village Code and made the following findings of fact: • Petitioner has satisfied the standards required by the Zoning Ordinance; • Petitioner has demonstrated unique circumstances; • the hardship of the Petitioner was not of his making; WHEREAS, the Zoning Board of Appeals recommended approval of the requested variation; and WHEREAS, the Village President and Board of Trustees concur with the findings and recommendations made by the Zoning Board of Appeals; and WHEREAS, all applicable requirements of Section 13-14-6 of the Village Code relating to the granting of variations to the Zoning Regulations have been met. Ordinance 2004-ZO-V-S-1080 Granting Variation from Sec. 13-66-3F(1)&(2) Page 2 (Chou 06-34-201-076) 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. The recitals hereto are incorporated as part of this ordinance. SECTION 2. A variation to Sections 13-6C-3F(1) and (2) of the Zoning Regulations of the Oak Brook Village Code is hereby granted to permit the construction of a new single-family dwelling and allow a front and side yard setback of approximately thirty-five feet (35') along Ashley Court and Covington Court, subject to the condition that the new construction shall be in substantial conformance with the plans entered into evidence for consideration by the Zoning Board of Appeals. SECTION 3. This Ordinance is limited and restricted to the property commonly known as 301 Ashley Court, Oak Brook, Illinois, P.I.N. 06-34-201-076. SECTION 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. APPROVED THIS 10th day of August, 2004. Kevin inlan Villa President PASSED THIS 10th day of August, 2004. Ayes: Nays: Absent: ATTEST: / OF 0,q� Linda K. G nella, CMC Village Clerk '? ,''`` CHOU- 301 Ashley Court Variation - FRONT AND SIDE YARD (ABUTTING STREET SETBACKS INDEX PAGE CONTENTS 10 Memorandum from Director of Community Development Kallien to Village President and Board of Trustees— Board Meeting of July 27, 2004 9 Recommendation Letter from Zoning Board of Appeals Chairman to Village President and Board of Trustees 8-8.d Zoning Board of Appeals Meeting Minutes dated June 29, 2004 7-7.a Staff Report from Director of Community Development Kallien to Zoning Board of Appeals dated June 22, 2004 6 Certificate of Publication dated June 11, 2004 5 Resident Letter dated June 11, 2004 4 Board of Trustees Referral Meeting Minutes dated June 22, 2004 (Not Included) 3 Referral Memo to Board of Trustees from Director of Community Development 2 Front Yards and Side Yards abutting a street, Zoning Ordinance R3 Single-Family, Section 13-6C-3-F (1) and Section 13-6C-3F (2) 1-1.b Variations, Zoning Ordinance, Section 13-14-6 ******************* A Application/Petition -Variation B Surrounding Property Owners List C Fee/Receipt D-D.1 Subject Property Verification and Legal Description E Letter of Explanation dated May 21, 2004 F Applicant's Response to Standards for Variation G-G.1 Letter of Approval from Covington Court Community Association H Proposed Setbacks Permit Plat/Grading Plan revised 4/8/04 (Included — Not Attached) Survey Showing Existing Setbacks—Topographic and Boundary Survey (Included —Not Attached) 1-40 Scale of Page "H" with Attached Elevations and Floor Plans of the Proposed Residence (Included —Not Attached) K Site Preparation Plan (Included — Not Attached) L Tree Location Survey (Included — Not Attached) M Plat of Abrogation (Included — Not Attached) ( 1 PGA O F oAk�9 w 0 8 V G p q�F COUNSV,��� AGENDA ITEM Regular Board of Trustees Meeting of July 27, 2004 SUBJECT: Chou—301 Ashley Court—Variation FROM: Robert L. Kallien, Jr., AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to concur with the recommendation of the Zoning Board of Appeals and approve the requested variation and authorize the Village Attorney to draft the necessary ordinance for final consideration at the August 10, 2004 Board of Trustees meeting. Background/History: Mr. and Mrs. Joe Chou, the owners of the vacant lot at 301 Ashley Court has submitted a petition seeking approval of a five-ft. variation to the 40-ft. building setback along both Ashley Court and Covington Court in order to construct a new home. The lot is somewhat unique because it has frontage on three streets and contains a recorded stormwater conveyance and maintenance easement on the south-half of the lot that significantly reduces the buildable area of the lot. Recommendation: Board of Appeals,by a vote of 5 to 0 have recommended approval of a variation to Sections 13-6C-• 317-1 and 13-6C-3F-2(a) of the Zoning Ordinance to reduce the required 40-ft. building lines along Ashley Court and Covington Court to 35-ft. to accommodate the construction of a new home. In making this recommendation, the Zoning Board of Appeals found that the petitioner has addressed the factors as required by the Ordinance for approval of a variation. In addition, the approval of this request will not be detrimental to other properties in the neighborhood. Last saved by GPOLANEK JAI BOB\Bot-PC-ZBA\BOT-Rec-Chou-Var.doc /� G� OF Oq� e o O �! G � CO 11 '\ Village of Oak Brook July 21, 2004 1200 Oak Brook Road Oak Brook,IL 60523-2255 Village President Quinlan and Board of Trustees Website www.oak-brook.org Village of Oak Brook 1200 Oak Brook Road Administration 630.990.3000 Oak Brook, IL 60523 FAX 630.990.0876 SUBJECT: Chou—301 Ashley Court—Variation—Front Yard Setback Community Development 630.990.3045 Dear President Quinlan and Board of Trustees: FAX 630.990.3985 At its meeting on June 29, 2004, the Zoning Board of Appeals reviewed a request Engineering from Mr. and Mrs. Joe Chou, the owners of the vacant lot at 301 Ashley Court in Department 630.990.3010 the Covington Subdivision seeking approval of a variation to Sections 13-6C-3F-1 FAX 630.990.3985 and 13-6C-3F-2(a) of the Zoning Ordinance to reduce the required 40-ft. building Fire Department lines along Ashley Court and Covington Court to 35-ft. to accommodate the 630.990.3040 construction of a new home. FAX 630.990.2392 This particular lot is unique because it has frontage on three streets: Ashley Court Police Department to the north, Covington Court to the west, and 35th Street to the south and 630.990.2358 FAX 630.990.7484 approximately one-half of the buildable area contains a recorded stormwater conveyance and maintenance easement. Public Works Department All interested parties were notified of the public hearing. No one spoke in 630.990.3044 opposition to the proposed variation. Mr. Chou did indicate that the Covington FAX 630.472.0223 Homeowners Association was supportive of the requested variation. Oak Brook By a vote of 5 to 0, the Zoning Board of Appeals recommended approval of the Public Library variation to permit the construction of a new home with a 35-ft. front yard along 600 Oak Brook Road both Ashley Court and Covington Court as requested based on the findings that the Oak Brook,IL 60523-2200 petitioner has satisfied standards required by the Zoning Ordinance for a variation 630.990.2222 including unique circumstance and the hardship of the petitioner. FAX 630.990.4509 Oak Brook Sports Core Very truly yours, NOTE: Chairman Davis has reviewed and verbally Bath&Tennis Club approved the content of this letter pending his 700 Oak Brook Road signature. The signed original will be placed in the Oak Brook,IL 60523-4600 official file upon receipt. 630.990.3020 FAX 630.990.1002 Champ Davis Golf Club Chairman 2606 York Road Zoning Board of Appeals Oak Brook,IL 60523-4602 630.990.3032 FAX 630.990.0245 fo MINUTES OF THE JUNE 29, 2004 REGULAR DRAFTMEETING E VILLAGE OF OAK BROOK UNOFFICIAL UNTIIL APPROVED AS WRITTEN OR AS AMENDED ON 2004. 1. CALL TO ORDER: CALL TO ORDER The Regular Meeting of the Zoning Board of Appeals was called to order by Chairman Champ Davis in the Samuel E. Dean Board Room of the Butler Government Center at 7:30 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairman Champ Davis, Members Richard Ascher, George Mueller, Manu Shah and Steven Young ABSENT: Member Robert Sanford IN ATTENDANCE: Director of Community Development, Robert Kallien, Jr. 3. APPROVAL OF MINUTES: MINUTES REGULAR ZONING BOARD OF APPEALS MEETING OF JUNE 1, 2004 Motion by Member Ascher, seconded by Member Mueller, to approve the minutes of the June 1, 2004 Regular Zoning Board of Appeals Meeting as written. VOICE VOTE: Motion carried. 4. UNFINISHED BUSINESS: There was no unfinished business to discuss NEW BUSINESS 5 NEW BUSINESS: GA �VBIJLLAGE COU — 301 ASHLEY COURT — VARIATION — TITLE 13 OF THE ASHL — C ASHLEY COURT — CODE - ZONING ORDINANCE SECTION 13-6C-3F-1 AND VARIATION- 13-6C-3F-2A — VARIATION TO THE FRONT AND SIDE YARD FRONT and SIDE YARD SETBACK SETBACK ABUTTING A STREET TO CONSTRUCT A NEW RESIDENCE Chairman Davis sworn in all persons that would testify on this matter. Bill Styczynski, Architect, Styczynski Walker and Associates, said that VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1 of 27 June 29, 2004 • • they designed the house, which is one of the remaining lots in the Covington Court Subdivision for the Chou's. It is a very difficult lot, with a number of street setbacks and a difficult terrain. They had designed the house and submitted it for permit and the Engineering Dept made them aware of a easement that exists on the property. They were not aware of the easement and it was not shown on the survey which was given to the owner at the closing. None of them, including the civil engineer involved in the project, knew of the stormwater conveyance and maintenance easement. That has created some difficulty to work with this lot. The lot faces three streets which essentially gives it three front yards. The easement serves a water supply for the pond and the surrounding landscaping. The lot has been diminished quite a bit and with the existing topography makes the development of the remainder of the lot difficult. They are seeking a variation to the 40-foot setback on two of the streets to 35 feet, which would allow them to move the house forward to get out of most of the easement. The remainder of the portion of the house that would be in the easement, however, the Subdivision Association is willing to revise some of their easement documents to allow the house to fit within the remainder of the existing easement. Mr. Styczynski said that they met with the Homeowners Association and proposed a different location for the house. The Association suggested the current location and said they would support the request for the variation to the required setbacks to both streets. Chairman Davis questioned whether the neighbors had been notified of the request and whether there had been any objections to the proposal. Mr. Styczynski responded that they had been notified and no one has objected. No one in the audience spoke in support of or in opposition to the requested variation. Mr. Styczynski responded to the Variation standards as follows: 1. 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: This is one of the few remaining lots to be developed since the subdivision was originally approved in 1984. With the current setbacks, easements and topography, the house would be smaller and of lesser value than the surrounding homes. Especially, taking into consideration, that the easement was added after the VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 27 June 29, 2004 i 67'4. original plat of subdivision had occurred. 2. The plight of the owner is due to unique circumstances. RESPONSE: The storm water conveyance and maintenance easement was not shown on the survey when the Chou's purchased the property. Such information would have had a major decision in their purchase of this property to build their home. The steep grade differential of the lot combined with its shape creates additional difficulty in creating an efficient floor plan. 3. The variation if granted will not alter the essential locality. RESPONSE: The character of the homes in the area will not be affected in a negative manner. In fact, several homes within the subdivision have a property line that extends to the street and although they still maintain a forty foot front yard setback, the distance from the curb to the house is approximately 40 feet with the requested change in setbacks; this home would be a minimum of 57 feet to the curb. From a characteristic standpoint they would be further away from the street than some of the homes in the subdivision. 4. 2.a. The particular physical surroundings, shape, or topographical conditions of the specific property involved would bring a particular hardship upon the owners as . distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out. RESPONSE: A reduction in buildable lot area occurred when the storm water conveyance and maintenance easement was added in June 1993. That easement, when combined with the two front yard setbacks and steep topography requires some relief at the front yard setbacks to allow for a workable floor plan and future resale value. 5. 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 in question is unique in that it has three front setbacks, the pond easement, steep topography, and the subdivision entry landscape feature located on the property. It is also one of the few remaining undeveloped lots in the subdivision. 6. 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 this variation will have no negative affect to other property whatsoever. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 27 June 29, 2004 • • 7. 2.d. The proposed variation will not impair an adequate supply of light and air to adjoining 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 adjacent property will not be diminished in safety, quality of light or value. In fact, the property adjacent to the east will benefit from a shorter retaining wall at the driveway, which will be more aesthetic and safer for the children in the area. 8. 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 not based on money but based on allowing the design of a home that is consistent with the homeowner's desires when they purchased the lot. There is of course an inherent desire to retain a reasonable resale value of the developed property. 9. 21. That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. RESPONSE: The hardship was created when the storm water conveyance and maintenance easement was added to an already difficult lot and none of the parties were aware that the easement existed.. Chairman Davis questioned when the easement was added. Mr. Styczynski said that the easement was granted in 1993, but no information was given to the homeowner on their survey which did not show any easement whatsoever. Member Young asked if the grading was going to be altered. Mr. Bill Myers, Christian-Roge and Associates responded that the actual design impacts by moving the house forward they would actually have less grading on the sidelines and can tie in the contours from the building to the existing grades along the road on the Covington Court side. By moving the house forward there is a better transition to the grades. Member Ascher said asked why it would not have shown up on the plat. Director of Community Development Kallien responded that they believe when the plat was originally done the easement was not shown and the easement was added after the fact and it should have shown up, and the title company should have found it. Literally 50% of the lot is taken away, by setbacks and the location of the easement. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 27 June 29, 2004 v •c Chairman Davis asked what the total size of the lot was. Mr. Meyers responded that it is .575 acres. Mr. Styczynski said that a good percentage of the house remains within the setbacks it is just a few points, such as a portion of the garage and a couple of triangles of the house extend beyond the original setbacks. Chairman Davis said that the petitioner appears to have sufficiently addressed, the standards that the Zoning Board of Appeals needs to find satisfied in order to recommend a variation to each of the requested setbacks. Motion by Member Mueller, seconded by Member Shah that the standards appear to have been satisfied and that the variation will not be detrimental public welfare and to recommend approval of the variations as proposed by approximately 5 feet to the front yard and to the side yard abutting a street as requested. ROLL CALL VOTE: Ayes: 5 —Members Ascher, Mueller, Shah,Young and Chairman Davis Nays: 0—None Absent: 1 —Member Sanford. Motion Carried. 5. B.+C. MCDONALD'S PROPOSAL FOR THE DEVELOPMENT OF McDonald's Proposed Development SPRING ROAD AND 22ND STREET Overview Chairman Davis swore in all parties giving testimony this evening as follows: Jack Lawlor, Attorney for McDonald's, Sonnenschein, Nath and Rosenthal LLP. Joe Endress, Director, McDonald's Corporation; Corey Andrews, Site Acquisition Manager for McDonald's Corporation, Greater Chicago; Libby Ertel-Fisher, Project Manager for the Greater Chicago Region; and Tony Pagliuca, Lead Architect, McDonald's Worldwide Development. The consultants on the project are Luay Aboona, KLOA, Inc. Traffic Engineer, Terrence O'Brien, Real Estate Appraiser and Lucas Castor, Brickman Landscaping. Mr. Lawlor said that they are here to discuss the possibility of constructing a flagship McDonald's restaurant in the very shadow of its world headquarters. They are excited about it because they believe it is a very powerful architectural statement, that they would like to open with conjunction with the 50th anniversary of McDonald's next April (2005). VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 27 June 29, 2004 8� . VILLAGE OF OAK BROOK Zoning Board of Appeals STAFF REPORT DATE: June 22, 2004 FILE NOS: 2004-016-VAR DESCRIPTION: Variation to the 40-ft. building line along Covington Court and Ashley Court to accommodate the construction of a new home on an existing vacant lot. PETITIONER: Mr. and Mrs. Joe Chou 36 South Cass Avenue Westmont, IL 60599 LOCATION: Northeast corner of Covington Court and 35th Street (aka Lot 6) in the Covington Subdivision. ADDRESS: 301 Ashley Court EXISTING ZONING/USE: R-3 Single-Family Detached Residence District,presently vacant. ZONING/USE OF SURROUNDING PROPERTY: North: R-3, Single-Family Detached Residence District, single-family homes in the Covington Subdivision. South: Village of Westmont, Oakbrook Hills Golf Course. East: R-3, Single-Family Detached Residence District, single-family homes in the Covington Subdivision. West: Same. DISCUSSION: Mr. and Mrs. Joe Chou, the owners of the subject property at 301 Ashley Court have submitted a petition seeking approval of a variation to accommodate the construction of a new home. The specific variation request is to Section 13-6C-3F-1 and 13-6C-3F-2(a) seeking to reduce the required 40-ft. building lines along Ashley Court and Covington Court to 35-ft. The lot is somewhat unique because it has frontage on three streets: Ashley Court to the north, Covington Court to the west, and 35th Street to the south. In addition, approximately one-half of the lots buildable area contains a recorded stormwater conveyance and maintenance easement. i u STAFF REPORT—VARIATION CHOU—301 ASHLEY COURT CASE No.2004-016-VAR Please see the materials provided by the petitioner in the case file for a more detailed description of this request. RESPONSIBILITIES OF HEARING BODIES: Zoning Board of Appeals has the responsibility to hold the required public hearing on the variation request and make a recommendation. 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. CONCLUSION: Based on the infonnation provided by Staff, if it is the opinion of the Zoning Board of Appeals that the applicant has satisfied the applicable Ordinance requirements and factors for a variation, a recommendation would be in order to approve this request. The following conditions might be appropriate for inclusion in a recommendation: 1. The development shall be in substantial conformance with the plans as submitted. 2. Also, the Zoning Board of Appeals is authorized to reconunend additional conditions as they see fit. However, if it is the opinion of the Zoning Board of Appeals that the applicant has not satisfied the applicable ordinance requirements and factors for a variation, a recommendation would be in order to deny this request. Respectfully Submitted, Robert L. Ka1lKjiJx0AlCP Director of C nmunity velopment 2 vivo Public Hearing • NOTICE IS HEREBY GIVEN that public hearing before the Zoningg Board of Appeals of the V it lage of Oak heldo Junel29,2 "will:30 CERTIFICATE OF PUBLICATION held on June 29,2004,at 7:30 p.m.in the S.E.Dean Board Room of the Butler Govern- ment Center,1200 Oak 1,aok Road, oak Brook, Illinois Paddock Publications, Inc. 60523 for the purpose of con- sideriny the application of Joe and Lill,Chou,301 Ash- 13- Court, a Brook, i- Daily Herald 60523 for d Variation as pro-video under Title 13,Section Ordi- nance of the Zoning Ordi- nance of the Village of Oak 8rook,lllinois Ordinance G- 60 as amended. The petitioner is.seeking approval of a variation to Sections 13-6C-3F-1 and 13. 6C-3F-2a.The variations be- ing sought are to the re- quired front Yard setback by appraximately 5 feet and to the side yard setback abut- Corporation organized and existing under and by virtue of the laws of the State of Illinois, ting a street by oppr%l. ntune a ne`rei Ccosrctio of w DOES HEREBY CERTIFY that it is the publisher of the DAILY HERALD. dence on the property. eral e describedas30�h: That said DAILY HERALD is a secular newspaper and has been circulated daily in the ley Court, Oak Brook, Illi- nois 60523,with The legal de- scLoftl6ninsWhitehall Park, Village(s) of Addison, Bloomingdale, Carol Stream, Glendale Heights, Glen Ellyn, being ° subdivision of the berth a dl ubdivis in f the Itasca, Keeneyville, Lisle, Lombard, Medinah, Naperville, Oak Brook, Oakbrook Terrace,south Boundary line in Township. 39 North,Prinelpci Me�d,f- Roselle, Villa Park, Warrenville, West Chicago, Wheaton, Winfield,Wood Dale an, according to the Plat thereof recorded Mayy- 30, 1984 as Document R84 01 In DuPage County, Illinois. Permanent Index Number: 0634-201-076 All persons desiring to be heard will bedfforded anop- portunlTy to do so and may County(ies) of DuPage submit their statements orally or In writing or both. The hearing may be re- cessed to another date If no. and State of Illinois, continuously for more than one year prior to the date of- the first lice of time and place thereof ibeaubli ly announce boy at e publication of the notice hereinafter referred to and is of general circulation throughout said paper publication not less than five 15) days prior to the date 0f the recessed Village(s), County(ies) and State. hearing. In accord with the provi- sions of the American with Disabilities Act,any Individ- ual rea- sonable Is c peed of° I I further certify that the DAILY HERALD is a newspaper as defined in "an Act to revise order accommodation in order to participate in or benefit from meting°should the law in relation to notices" as amended in 1992 Illinois Compiled Statutes, Chapter 715, contact the Village's ADA Coordinator page Jeffrey_Moline, Act 5 Section 1 and 5. That a notice of which the annexed printed slip is a true copy, was Assistant 5739 as Manager, soon ge s at 630-990.5738.04 soon °s pdaseible before the meeting The petitioner's opublished June 11, 2004 in said DAILY HERALD. np tion Is on file with the Villica. p lage Clerk and with the Director of Community Development. Persons Petition wishing to examine IN WITNESS WHEREOF, the undersigned, the said PADDOCK PUBLICATIONS, Inc., the petition documents mayy arrange to do so with the MD menf Robert unity ve has caused this certificate to be signed by, this authorized agent, at Arlington Heights, loge of Oak Brook,1200 Oak Brook Road,OakBrook,IL Illinois. 60523, telephone 630.940- 3045. Linda Gonnell° Village Clerk Published at the direction of the Corporate Authorities and the Zoning Board of Ap- peals of the Village of Oak Brook, DuPage and Cook Counties,Illinois. Published in Daily Herald June 11,2004(3307746)S- PADDOCK PUBLICATIONS, INC. DAILY HERALD NEWSPAPERS BY Authorized t gent Control # T3307746 EO A\ LPG . BA� ` O O � f e A O y G .o V OecoUNT`( \ Village of Oak Brook June 11,2004 1200 Oak Brook Road )ak Brook,IL 60523-2255 Website Dear Resident: www.oak-brook.org Administration The Zoning Board of Appeals and the Village Board will be considering a Variation at the 630.990.3000 meetings as scheduled on the reverse side of this notice. FAX 630.990.0876 The application has been filed by: Joe and Lilly Chou Community 229 Carlisle Avenue Development Westmont,IL 60559 630.990.3045 FAX 630.990.3985 The property in question is located at: 301 Ashley Court Engineering Department Relationship of applicant to property: Owner 630.990.3010 FAX 630.990.3985 Subdivision: Covington Court Fire Department 630.990.3040 Also shown on the reverse side of this notice is a map of the area to assist you in determining FAX 630.990.2392 your relationship to the property in question. Police Department The request that has been made is as follows: 630.990.2358 FAX 630.990.7484 The petitioner is seeking approval of a variation to Sections 13-6C-317-1 and Public Works 13-6C-3F-2a. The variations being sought are to the required front yard Department setback (approximately 5 feet) and to the side yard setback abutting a street 630.990.3044 (approximately 5 feet) to permit the construction of a new residence on the FAX 630.472.0223 property. Oak Brook Public Library If you desire more detailed information, please contact the Community Development Department at 630-990-3045 to review the file on this application. I look forward to your 600 Oak Brook Road attendance at the public meetings. )ak Brook,IL 60523-2200 630.990.2222 Sincerely, FAX 630.990.4509 aak Brook Sports Core COMMUNITY DEVELOPMENT DEPARTMENT Bath&Tennis Club 700 Oak Brook Road )ak Brook,IL 60523-4600 630.990.3020 Robert L. Kate FAX 630.990.1002 Director Golf Club 2606 York Road ��gp )ak Brook,IL 60523-4602 630.990.3032 FAX 630.990.0245 Chou-301 Ashley-VAR.res Itr.doc 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 Jeffrey Moline, the Village's ADA Coordinator, at 630-990-3000 as soon as possible before the meeting date. All meetings are held in the Samuel E. Dean Board Room of the Butler Government Center, 1200 Oak Brook Road,(31st Street), Oak Brook,Illinois. Zoning Board Of Appeals...................................................7:30 P.M.,Tuesday,June 29,2004 Board Of Trustees Meeting..............................................7:30 P.M.,Tuesday, July 27,2004** **Tentative 43 6 tiq I 7 z 14,- 2$ Q ! 44 4o 4-0 8 Z 12 tt 22 39 9 37 36 1 ? 3 6 tq 12 14 8 3 G a ~ 35 s 3 to S 7 W 12 c S 6 t5 IZ 7 33 24 Z y I$ 10 5 4 7 it 12 14 9' 11 27 2 q V ra U 2 4 a la u n 15 t1 OAK BROOK ROAD 29 2S 23 2t 19 ,s 11 it �a,�---, M1+ 8tdo ^ `a PLA40D `( 17 t4 U �0 0508 Sol :t sF n rA s 4 MANSIoR �? 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Kallien, Jr., AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to refer to the Zoning Board of Appeals for public hearing at its June 29, 2004 meeting the request for a variation to the front yard setback at 301 Ashley Court. Background/History: Mr. and Mrs. Chou, the owners of the property at 301 Ashley Court in the Covington Subdivision have submitted a petition seeking approval of variation to the front yard setback in order to construct a new home on the property. At the present time, the lot is vacant. Recommendation: Please refer this request to the Zoning Board of Appeals for public hearing at its June 29, 2004 meeting. Last saved by RKallien \\ash\users\ConlDev\GP0LANEK\1-FROM BOB\Bot-PC-ZBA\BOT-Referral-301Ashley-VAR.doc �� 1 act n intP i AIR/�Mnd 0.11 ANA A ✓& Yards: Except as required in subsections B and D under "accessory uses and structures" in section 13-6A-1 of this chapter,yards shall be provided as follows: 1 ront: 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'). 2. Side: Not less than twelve feet(12') in depth except: ftwft%>Oa. 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) • • 13-14-5 13-14-6 on notice to the officer from whom the appeal is taken, and on due cause being shown. C. Processing: 1. An appeal shall be filed with the Village Clerk. The Village Clerk shall forward the appeal to the Zoning Board of Appeals for processing in accordance with the Illinois Compiled Statutes. 2. The Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal and give due notice thereof to parties and shall decide the appeal within reasonable time. The Board may reverse or affirm, wholly or partly, or may modify the order, requirement or decision or determination as in its opinion ought to be made on the premises and to that end has all the powers of the official from whom the appeal is taken. D. Decisions: All decisions, after hearing of the Zoning Board of Appeals on appeals from an administrative order, requirement, decision or determination of the Director of Community Development or other authorized official of the Village, shall, in all instances, be final administrative determinations and shall be subject to judicial review only in accordance with applicable statutes of the State. (Ord. G-60, 3-22-1966) 13-14-6: VARIATIONS: VARIATIONS A. u ority: The Board of Trustees shall decide all applications for variations of the provisions of this Title after a public hearing held before the Zoning Board of Appeals on such notice as shall be required by the Illinois Compiled Statutes. The Zoning Board of Appeals shall hold public hearings upon all applications for variations and shall report its recommendations to the Board of Trustees as to whether a requested variation would be in harmony with its general purpose and intent, and shall recommend a variation only where it shall have made findings of fact specifying the reason or reasons for recommending the variations. Such findings shall be based upon the standards prescribed in subsection D of this Section. No variation shall be granted by the Board of Trustees without such findings of fact. In the case of a variation where the Zoning Board of Appeals fails to recommend the variation, it can only be adopted by ordinance with the favorable vote of two-thirds (2/3) of the Trustees. Village of Oak Brook 13-14-6 13-14-6 B. Initiation: An application for a variation shall be in triplicate and may be made by any governmental office, department, board, bureau or commission, or by any person having a freehold interest, . a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, or any exclusive possessory interest applicable to the land, or land and improvements described in the application for a variation. C. Processing: An application for a variation shall be filed with the Village Clerk who shall forward one copy of such application to the Zoning Board of Appeals for processing in accordance with applicable statutes of the State and one copy to the Board of Trustees. 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. 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. f Oak Village o g Brook 13-14-6 13-14-7 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. 3. The Zoning Board of Appeals may recommend and the Board of Trustees may require such conditions and restrictions upon the premises benefitted by a variation as may be necessary to comply with the standards set forth in this Section to reduce or minimize the injurious effect of such variation upon other property in the neighborhood, and to implement the general purpose and intent of this Title. E. Unauthorized Variations: The variation procedure shall in no case be used to accomplish a result which could otherwise be achieved by a rezoning of the property involved, such as, but not limited to, establishment or expansion of a use not permitted in a residence district; authorizing the construction of residences in other than residence districts; nor authorizing other than single-family detached residences in the R1, R2, R3 and R4 Districts. F. Reapplications: Any person having been denied a variation to the provisions of this Title respecting a specific parcel of property may not reapply for a like variation on said real property until the period of one year has elapsed since the denial of the -application for variation by the Village President and Board of Trustees. (Ord. G-60, 3-22-1966; Ord. G-137, 9-14-1971) 13-14-7: PLAN COMMISSION JURISDICTION`: The Plan Commis- sion of the Village, which has been duly established with 1. See Title 2, Chapter 1 of this Code for the Planning Commission. Village of Oak Brook � 6 vp�OF OqM� • BROOK PETITION APPLICATION for PUBLIC HEARING ZONING ORDINANCE: ❑ APPEAL ($300) Tf"*VARIATION ($750) ❑ AMENDMENT ($750) ❑ SPECIAL USE ($750) STORMWATER ORDINANCE: ❑ SPECIAL USE ($675) 111,10 11 APPUCANT TO COMPLETE LOCATION OF SUBJECT PROPERTY C'� PERMANENT PARCEL NO*. D�y- -`Z�I - brAo LOT NO. SUBDIVISION C c LEGAL ADDRESS' ZONING DISTRICT ZONING ORDINANCE SECTION +Z) ACTION REQUESTED ZC Qu�-� .Ca1�'�" �- � �.f�_'" r 'I� 4 PGROL(ft Av21M, - `1'f12��'f- �1 �°�C• �y ��; PROPERTY INTEREST OF APPLICANT: OWNER CONTRACT PURCHASER AGENT OWNER(S)OF RECORD JbE it G PHONE ADDRESS .2 29 CAA 1-15-LIE Mg, CITY VO C- W► STATE ZIP a5`9 BENEFICIARY(IES)OF TRUST PHONE ADDRESS CITY STATE ZIP NAME OF APPLICANT(and Billing Information) 5AtAF A$5 6 PHONE ADDRESS CITY STATE ZIP E-mail Address I(we)certify that all of the above statements and the statements contained in any papers or plan submitted herewith are true to the best of my(our)knowledge and belief. In addition to the above fees,applicant agrees to reimburse th Village for publication costs within 30 days of billing. L , j-, -Sig ture of Applicant Date Signature of Applicant Date DO NOT WRITS IN THIS SPACE—FOR OFFICE USE ONLY j, 2,40 a A P-RESIDENMAL VARIATION 5-2004 5 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 OWNER ADDRESS OF PROPERTY OWNER PROPERTY ADDRESS i t W �9-1VP6TN A: P2- 75AME 13M,.A'&WN PAfJ 1c kEN— 1519 S . �tkM 5-l - 1 C"ltcxTZK C %ut.,At.p op W-sue a ?S� l)1 t !✓ ' 3 �I� h1 �ns►�i�'I �i_ C H-16ft4u-1-1TLE sr 01 .N . CLMX�.-LT L .. b -+-- N ►u�L VAY2-1r56gt� s '59 7APM AJAR— . -E WeC15 "4'T', .., ®� j Vpw f�-e`v .j-POWMTOWN fh4- -5�'1E a 3qg j'Pf"f!C_7 TZ3" W '5'A?u45 W bW; :7--1_ &0- Nbv fr-At, j 91'Nk RA MOS L �av�� �5AAlc-- 71 vq - (k)O11--�� 119 TM415-(WA AM V24E4k 4 17sAtJ At,U- �► :?> � -PhTet� b r P4 Nti tF 17P D -zA -109 --TAMVS-ro" AVE SA�UC- additional sheets if necessary) Attach 'See Item#2-3 of Submittal Documents Guideline WZ�Mr --Pt'' (ob52-3 APP-RESIDENTIAL VARIATION 5-2004 6 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 OWNER ADDRESS OF PROPERTY OWNER PROPERTY ADDRESS M TAS �3b3 A 4 5*V P- . 30 �r � N 15As tA r 5`7Lo PLvN� .'per. 1(D S �t t,� . � '-� S 9016 w cT- � C 6-r-. OKE �0 � sA04E 54A"ILA LLLA- Ibb P194 POE5A3!�A/ (Attach additional sheets if ne essary) *See Item#2-3 of Submittal Documents Guideline APP-RESIDENTIAL VARIATION 5-2004 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 OWNER ADDRESS OF PROPERTY OWNER PROPERTY ADDRESS A r (Attach additional sheets if necessary) *See Item#2-3 of Submittal Documents Guideline 6 APP-RESIDENTIAL VARIATION 5-2004 -o2 it y •�9 i • w ifif't P - i •, �indrse�80803 � �• - � z r�.{�i,�w1fi *�yF� � r `,1� {.� ,���, x 1 IF g r t '�r� 4•�. �r :� J+ n ,F t b�� e e a N3c Ite� � � I CHECK $ C�HEpCKS Vl NUMBER $ CASH INV# DATE NAME G.L.ACCOUNT# DESCRIPTION VILLAGE OF OAK BROOK INVALID WITHOUT P DEPARTMENT OF COMMUNITY DEVELOPMENT B 15606 SIGNATURE 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS PHONE: (630)990-3045 7 RETAIN THIS RECEIPT FOR YOUR RECORDS ;ti Subject Property Verification (Complete a separate form for each P.I.N.) 1. Permanent Index Number (P.I.N. from Real Estate Tax Bill): C42 7,1 `-L 2. Common Address: A-5f 4:(. ' L'T 3. Type the Complete Legal Description Below. (Attach a separate page if longer than the area provided) 5Ee aRn7c+tE7D. 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: L* 45- Date called: DuPage County Recorder's Office: (630-682-7200) Contact Person: - Date called: 2 U DuPage County Clerk's Office—Revenue Department: (630-510-3376) Contact Perso Date called: om i i 1 verify that the information provided above is accurate. Printed Name ,Signature Date: 5 I Relationship to Applicant: 7 APP-RESIDENTIAL VARIATION 5-2004 DO • PLAT OF SURVEY LOT 6 IN WHITEHALL PARK, BEING A SUBDIVISION OF PART OF THE FRACTIONAL SECTION 34, LYING NORTH AND SOUTH OF THE IN BOUNDARY LINE IN TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD TO THE PLAT THEREOF RECORDED MAY 30, 1984 AS DOCUMENT R84-40190, IN DU PAGE PRINCIPAL MERIDIAN, ACCORDING PAGE COUNTRY, ILLINOIS. is. STYCZYNSKI WALKER & ASSOCIATES architects 535 Plainfield Road, Suite B • Willowbrook, Illinois 60527 • 630 789-2513 fax 630 789-2515 swa-architects.com LETTER OF EXPLANATION Request for Variation 301 Ashley Court (Lot#6,Covington Subdivision) Oakbrook,Illinois May 21,2004 Mr.&Mrs.Joe Chou purchased lot 6 in the Covington Subdivision to build a home of approximately 5,990 square feet. As one of the last remaining lots in this subdivision,the lot has many significant difficulties which include the steep grade,a comer lot which imposes yard setbacks from both streets and a previously- unknown rear easement for a storm water conveyance and maintenance for the landscape pond feature on the east side of the subdivision entry. A variation is being requested for the front yard setback as well as the side yard setback for this lot so that the home as designed by Styczynski Walker&Associates can accommodate such easement. The zoning ordinances affected are 13-6C-3F.Yards 1.Front& 13-6C-3F- Yards 2a)side: We are seeking a variance to reduce both setbacks from 40'-0"to 35'-0": We have already discussed this matter with the Covington Court Community Association and the Association has given their full support to this request. They support the variation as outlined in the attached letter. The following items should be taken into consideration when reviewing this request: • The storm water conveyance&maintenance easement,which is creating the most difficulty,was recorded in June 1993 well after the original subdivision plat was recorded in May 1984. To the best of our knowledge,the easement was established to provide for a new water service line to the waterfall of the pond,but probably did not take into consideration the negative affect it would have on the buildable area of this lot. t The storm water conveyance&maintenance easement wasn't identified on any surveys given to the Owner upon purchase of the lot. In fact,the entire the home was designed without knowledge of said easement. • The lot has essentially 3 front yards plus added limitations of maintaining existing landscaping at the subdivision entry. The driveway elevation'&grade difference to adjoining lot creates safety issue w/the need for a higher retaining wall. The variance,if granted,would allow the retaining wall to be reduced, creating a safer and more aesthetic condition. The irregular lot shape requires home to step back in shape several times creating floor plan inefficiencies. With the variance granted,the house would be better sited on the lot giving more space to the already established landscaping at the entry to the subdivision. It would also reduce the need for some retaining walls&allow for a safer driveway condition to occur. N:\ACAD\DRAWINGS\03173\DOCS\03173 VARIANCEapplication.doc ago-aft The following shall address the Variation Standards on an individual basis: 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. This is one of the few remaining lots to be developed since subdivision began in 1984. With the setbacks,easements and topography,a home of smaller and lesser value would need to be built at a disproportionate size for the lot and surrounding homes. 1 (b) The plight of the owner is due to unique circumstances. The storm water conveyance& maintenance easement was not shown on the survey when Mr.&Mrs Chou purchased the property. Such information would have had a major decision in their purchase of this property to build their home. The steep grade differential of the lot combined with its shape creates additional difficulty in creating an efficient floor plan. 1 (c) The variation,if granted,will not alter the essential character of the locality. The character of the homes in the area will not be affected in a negative manner. In fact,several homes within the subdivision have a property line that extends to the street and although they still maintain a 40' front yard setback,the distance from the curb to the house is approximately 40',with an approved changed in setbacks,this home would be a minimum of 57'to the curb. 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 regulations were to be carried out. A reduction in buildable lot area occurred when the storm water conveyance&maintenance easement was added in June 1993. That easement,when combined with the two front yard setbacks and steep topography requires some relief at the front yard setbacks to allow for a workable floor plan and future resale value. 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. The lot in question is unique in that it has three front setbacks,the pond easement,steep topography,and the subdivision entry landscape feature located on the property.It is also one of the few remaining undeveloped lots in the subdivision. 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. The granting of this variation will have no negative affects to other property whatsoever. 2(d) The proposed variation will not impair an adequate supply of light&air to adjoining property,or substantially increase the danger of fire,or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. The adjacent property will not be diminished in safety,quality of light or value. In fact,the property adjacent to the east will benefit from a shorter retaining wall at the driveway,which will be more aesthetic and safer for children. 2(e) That the purpose of the variation is not based exclusively upon a desire to make more money out of the property. The purpose of the variation is not based on money but based on allowing the design of a home that is consistent with the homeowner's desires when they purchased the lot. There is of course an inherent desire to retain a reasonable resale value of the developed property. 2(f) That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. The hardship was created when the storm water conveyance&maintenance easement was added to an already difficult lot. Luka Andjelich Architect Encl N:\ACAD\DRAWINGS\03173\DOCS\03173VARIANCEapplication.doc • • Covington Court Community Association May 13,2004 Mr. &Mrs. Joseph Chou 36 South Cass Avenue Westmont IL 60559 RE: Covington Court Lot 6—310 Ashley Court Dear Mr. &Mrs. Chou, In accordance with the agreements made during the meeting held on your site on April 26,2004,between your builder,engineer and architects and the Covington Board of Directors and it's architect, the Board offers the following resolution and conditions for approval of your plans: 1. The request for abrogation of the rear maintenance and access easement is denied. The proposed location of the house would restrict access for maintenance of the pond and would place the house unacceptably close to the water feature. The Board recommends that the house be rotated several degrees and be brought forward at least five feet closer to both Covington Court and Ashley Court. This will require a variance from the Village of Oak Brook. The Board approves a variance to encroach the 40-foot building line in both directions because the property line is well back from the curbs,permitting the house to still be more than 40 feet from the curbs. 2. The existing landscaping surrounding the water feature must be retained as it exists. This shrubbery is an important part of the aesthetic appeal of the water feature as viewed from 35'h Street. 3. The retaining wall between the existing house to the east and your new proposed structure shall be built only to the extent required for access to the garages. The retaining wall at the rear of the house is unnecessary and shall be removed. If required,a landscape feature consisting of outcrops of rock serving as steps to the rear yard should be incorporated in lieu of a retaining wall. 4. The material of the retaining wall shall be natural stone to match the existing retaining wall on the adjacent property. The configuration shall provide for "breaks"in this wall so as to reduce the impact on the landscape. The site is highly visible from the main ingress/egress to the subdivision and every effort must be made to prevent it from being obtrusive. Go Oak&Dale Properties,Inc. 211 W.Chimso Avenue Suite 20 Hins"Illinois 60521630-323-8810 0 Covington Court Community Association 5. The top of the retaining wall shall be stepped as required with a minimum height of 18"above the proposed grade. A barrier shall be installed to prevent persons from falling over the edge of the retaining wall to the pavement below. The Board prefers a natural landscape barrier to a fence or railing,but the plant material selected must be continuous and dense and tall enough to impede access through it. A fence that is bordered by or within a dense continuous hedge so as to conceal the fence is acceptable. 6. A temporary construction easement should be secured and the grading between the existing house to the east and your Lot 6 shall be altered to reduce the grade at the front of the lot. 7. The roof material proposed at the meeting is approved. All other material and color selections are not approved pending submission of new samples. Please do not hesitate to call with questions or if you require the further assistance from the Board in your petition for the above described variance. ry truly your es Dennis Brugh For and on behalf of Covington Court Board o Directors. Go Oak&Dale Properties,Int. 211 W.Chicago Avenue Smile 20 Hinsdale Iffinas 60521630-3234010 10 B 2) positions. He stated his concern where any number of seasonal positions that come up in the fall and spring which require quick action so they are not lost to other employers. He indicated that a telephone poll could be done of the Board members with ratification at a subsequent meeting if that is allowed Trustee Korin asked to consider exempting seasonal employees to this. Trustee Zannis concurred with this at it is not a permanent situation. Motion by Trustee Aktipis, seconded by Trustee Zannis, to amend the original motion for passage of Ordinance 2004 -PL -G -754 "An Ordinance Amending Title 1 ( "Administration ") of the Village Code of the Village of Oak Brook with Respect to the Responsibilities, Duties and Authority of the Village Manager (Chapter 5, Article A) with the exemption of seasonal employees." ROLL CALL VOTE: Ayes: 4 - Trustees Aktipis, Craig, Korin and Zannis. Nays: 1 - Trustee Yusuf Absent- 1 - Trustee Caleel. Motion carried. C. AWARD OF CONTRACTS - None 5. APPROVAL OF MINUTES: REGULAR BOARD OF TRUSTEES MEETIING OF JULY 27, 2004 Motion by Trustee Aktipis, seconded by Trustee Korin, to approve the Minutes of the Regular Board of Trustees Meeting of July 27, 2004 for the purpose of discussion Trustee Aktipis stated there are many areas of the minutes that do not accurately reflect what was discussed as they are extensive. He asked to consult with the Village Clerk for further discussion. It was a consensus of the Board to remove the first motion of approval of the minutes Motion by Trustee Aktipis, seconded by Trustee Korin, to postpone the approval of the Minutes of the July 27, 2004 Regular Board of Trustees meeting until the minutes are revised VOICE VOTE: Motion carried. 6 CONSENT AGENDA: Trustee Aktipis asked that Agenda Item 6., C. Community Development Referrals, 2) 970 Pauly LLC — CF 2020 Swift LLC — 2020 Swift Drive — Variation — Front Yard Parking Regulations be removed from the Consent Agenda for further discussion. Motion by Trustee Korin, seconded by Trustee Yusuf, to approve the Consent Agenda and authorize expenditures as amended. ROLL CALL VOTE. VILLAGE OF OAK BROOK Minutes Page 17 of 29 August 10, 2004 f ' I -, 6. Ayes- 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis Nays 0 - None. Absent 1 - Trustee Caleel Motion carried. A. ACCOUNTS PAYABLE FOR PERIOD ENDING AUGUST 6, 2004 - $470,112 52 Significant Items included in Above: 1) James J. Benes & Associates —Payout #12 — 2004 Paving Project -- $131427 90 2) Dominic Fiordirosa Construction — Payout 96 and Final — 2003 Water Main and Drainage Project - $916.90 3) James D. Fiala Paving — Payout #4 — 2004 Paving Project -- $150,625 83 B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING JULY 31, 2004 - $681,581.88 C. COMMUNITY DEVELOPMENT REFERRALS 1) Bhargava/Agrawal 722 Forest Glen Lane — Variation Rear Yard Setback D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE CONTRACTS - None. E. REQUEST FOR RELEASE OF FUNDS — OAK BROOK HOTEL, CONVENTION AND VISITORS COMMITTEE F. ORDINANCE 2004 -PP -S -1079 AN ORDINANCE AUTHORIZING THE SALE BY PUBLIC AUCTION OF PERSONAL PROPERTY OWNED BY THE VILLAGE OF OAK BROOK 0 G. ORDINANCE 2004- ZO -V -S -1080 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13 -6C -3F (1) AND (2) OF TITLE 13 ( "ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO FRONT AND SIDE YARD SETBACK REQUIREMENTS -- CHOU — 301 ASHLEY COURT 7 ITEMS REMOVED FROM CONSENT AGENDA: 6 C. 2) 970 PAULY LLC — CF 2020 SWIFT LLC — 2020 SWIFT DRIVE — VARIATION — FRONT YARD PARKING REGULATIONS Trustee Aktipis asked that a meeting be held with staff and the applicant as there are some issues to be clarified before it is presented to the Village Board for approval VILLAGE OF OAK BROOK Minutes Page 18 of 29 August 10, 2004 i J.P. RICK CARNEYI- DUPAGE COUNTY RECORDER AUG.25,2004 3:41 PM OTHER 06-34- 201 -076 004 PAGES H2O04- 226769 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523 -2255 RECORDED DOCUMENT TITLE PAGE Title of Document ORDINANCE 2004- ZO -V -S -1080 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTIONS 13 -6C -3F (1) AND (2) OF TITLE 13 ( "ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO FRONT AND SIDE YARD SETBACK REQUIREMENTS (Chou - 301 Ashley Court, Oak Brook IL 60523/P I N 06 -34- 201 -076) Property Address /es 301 ASHLEY COURT, OAK BROOK, IL 60523 (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 ) Pin /s Number 06 -34- 201 -076 Name & Address of Applicant JOE & LILLY CHOU, 229 CARLISLE AVENUE, WESTMONT, IL 60559 _ Name & Address of Responsible Party to Receive Recorded Document and Billing G/L Account # to be Charged JOE & LILLY CHOU 229 CARLISLE AVENUE WESTMONT, IL 60559 1n -1'1F5 Prepared By Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Name & Address of Recipient of Consideration (when applicable) G/L Account # to be Charged Return To Village of Oak Brook 1200 Oak Brook Road Oak Brook Illinois 6052 N/A aJ c ORDINANCE 2004- ZO -V -S -1080 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTIONS 13 -6C -3F (1) AND (2) OF TITLE 13 ( "ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO FRONT AND SIDE YARD SETBACK REQUIREMENTS (Chou — 301 Ashley Court, Oak Brook, IL 60523 / P I N 06 -34- 201 -076) WHEREAS, the Village of Oak Brook has heretofore adopted an ordinance setting forth the Zoning Regulations for the Village of Oak Brook in Title 13 of the Village Code, and WHEREAS, Section 13 -14 -6 of the Village Code sets forth the authority and standards of the granting of variations to the Zoning Regulations; WHEREAS, Joe and Lilly Chou ( "Petitioners ") are the owners of certain property legally described as follows LOT 6 IN WHITEHALL PARK, BEING A SUBDIVISION OF PART OF THE FRACTIONAL SECTION 34, LYING NORTH AND SOUTH OF THE INDIAN BOUNDARY LINE IN TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 30, 1964 AS DOCUMENT R 84- 40190, IN DUPAGE COUNTY, ILLINOIS WHEREAS, the Subject Property is located within the R -3 Single - Family Detached Residence District, the regulations of which require a front yard setback of not less than forty feet (40') in depth and a side yard setback of not less than forty feet (40') abutting a street, and WHEREAS, the Petitioner has submitted a petition for a variation to reduce the required front and side yard setback to approximately 35 feet for the purpose of constructing a new single - family home on the Subject Property , and WHEREAS, on June 29, 2004, the Zoning Board of Appeals of the Village of Oak Brook conducted a public hearing at the Oak Brook Village Hall, 1200 Oak Brook Road, Oak Brook, Illinois in connection with the aforesaid petition, after due and appropriate legal notice was given, and WHEREAS, the Zoning Board of Appeals specifically considered the standards set forth in Section 13 -14 -6 (D) of the Village Code and made the following findings of fact • Petitioner has satisfied the standards required by the Zoning Ordinance, • Petitioner has demonstrated unique circumstances, • the hardship of the Petitioner was not of his making, WHEREAS, the Zoning Board of Appeals recommended approval of the requested variation, and WHEREAS, the Village President and Board of Trustees concur with the findings and recommendations made by the Zoning Board of Appeals, and WHEREAS, all applicable requirements of Section 13 -14 -6 of the Village Code relating to the granting of variations to the Zoning Regulations have been met B Ordinance 2004- ZO -V -S -1080 Granting Variation from Sec 13- 6B -3F(1) & (2) Page 2 (Chou 06 -34- 201 -076) 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 The recitals hereto are incorporated as part of this ordinance SECTION 2 A variation to Sections 13- 6C -3F(1) and (2) of the Zoning Regulations of the Oak Brook Village Code is hereby granted to permit the construction of a new single - family dwelling and allow a front and side yard setback of approximately thirty -five feet (35') along Ashley Court and Covington Court, subject to the condition that the new construction shall be in substantial conformance with the plans entered into evidence for consideration by the Zoning Board of Appeals SECTION 3 This Ordinance is limited and restricted to the property commonly known as 301 Ashley Court, Oak Brook, Illinois, P I N 06 -34- 201 -076 SECTION 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict SECTION 5 This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law APPROVED THIS 10th day of August, 2004 PASSED THIS 10th day of August, 2004 Ayes Nays Absent ATTEST Linda K Gow�nella, CMC Village Clerk Kevin inlan Villa President 4°' ` A/ r� r+ y STATE OF ILLINOIS ) SS. COUNTIES OF COOK AND DUPAGE ) I, Linda K. Gonnella, 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 August 10, 2004 , the corporate authorities of the above municipality passed and approved Ordinance 2004- Zo -V -S -1080 , AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTIONS 13 -6C -3F (1) AND (2) OF TITLE 13 ( "ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO FRONT AND SIDE YARD SETBACK REQUIREMENTS (Chou - 301 Ashley Court, Oak Brook, IL 60523/P.I.N. 06 -34 -201 -076) I DO FURTHER CERTIFY that the original documents, 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 23rd day of August , 2004 . Z-4 �® cop 4 A Vinda K. Gonnella, CMC llage Clerk Village of Oak Brook DuPage and Cook Counties, IL o. F. OlzD G� �F 0,4,V logo O y G � 9cf ca u r, tI • ��� VILLAGE OF OAK BROOK Interoffice Memorandum DATE: August 30, 2004 TO: Richard B Boehm Kenneth T. Kubiesa Linda K. Gonnella Dale L Durfey Robert L. Kallien Alice Filinovich FROM: Linda Andrys SUBJECT: Recorded Documents The following documents were recorded on August 25, 2004: 1 ORDINANCE 2004- ZO -V -S -1080 Joe & Lilly Chou 301 Ashley Court, Oak Brook, IL 60523 R2004- 226169 Recording Fee $18.00 G /L# to be Charged 10 -1365 2 MAILBOX COVENANT RUNNING WITH LAND Mr Mario J Florio 373 Trinity Lane, Oak Brook, IL 60523 R2004- 226170 Recording Fee: $18.00 G /L# to be Charged: 10 -1365 3 LAWN SPRINKLER SYSTEM COVENANT RUNNING WITH LAND Mac Homes, Inc /Carole Malinski- President 85 Baybrook Lane, Oak Brook, IL 60523 R2004- 226171 Recording Fee: $18 00 G/L# to be Charged: 10 -1365 4 RELEASE AND WAIVER OF LIEN (WATER) Juan Hernandez IS 151 Ingersoll Lane, Villa Park, IL 60181 R2004- 226172 Recording Fee: $8 00 G /L# to be Charged. 121 -7700 /RECDOC /2004 - RECMEMO -08 -30 doc �P 6� G r � �oUNTI ' Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 -2255 Website www.oak -brook org Administration 630 990 3000 FAX 630 990 0876 Community Development 630 990 3045 FAX 630 990 3985 Engineering Department 630 990 3010 FAX 630 990 3985 Fire Department 630 990 3040 FAX 630 990 2392 Police Department 630 990 2358 FAX 630 990 7484 Public Works Department 630 990 3044 FAX 630 472 0223 Oak Brook Public Library 600 Oak Brook Road Oak B1ook, IL 60523 -2200 630 990 2222 FAX 630 990 4509 Oak Brook Sports Core Bath & Tennis Club 700 Oak B1ook Road Oak B1 ook, IL 60523 -4600 630 990 3020 FAX 630 990 1002 Golt Club 2606 York Road Oak Brook, IL 60523 -4602 630 990 3032 FAX 630 990 0245 v.F. ORS :s- log 6 November 4, 2004 Joe & Lilly Chou 229 Carlisle Avenue Westmont, Illinois 60559 Re: Recorded Document on 8 -25 -04 Recorded Document on 9 -30 -04 ORDINANCE 2004- ZO- V -S -10 0 PLAT OF ABROGATION 301 Ashley Court 301 Ashley Court Oak Brook, IL 60523 Oak Brook, IL 60523 R2004- 226169 R2004- 255121 Dear Applicants: Copies of the above noted recorded documents are enclosed for your information. These are important records and should be retained in a secure area within your files. If you need any further assistance in this matter, feel free to contact me at 630- 990 -5770 on Monday through Friday from 9am to 5pm. Sincerely, Linda M. Andrys Records Management Clerk /lma Enclosures cc: Dale L. Durfey, Jr., Village Engineer Robert L. Kallien, Jr., Director of Community Development Official Files /RECDOC/ 2004 - RECLTR- ORD- ZO -V -S- 1080 +ABRO -CHOU -301 ASHLEY CT