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S-1271 - 09/22/2009 - ZONING - Ordinances Supporting Documentsr �• AGENDA ITEM Regular Board of Trustees Meeting of September 22, 2009 SUBJECT: Groth — 44 Windsor Drive — Variation — Driveway Gates FROM: Robert L. Kallien, Jr , AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A ITEM 6.F. 1) U�, i`V�/� RECOMMENDED MOTION: I move to approve Ordinance S -1271, which approves a Variation to allow driveway gates for the property at 44 Windsor Drive. Backl!round/History: At the September 8, 2009 meeting, the Village Attorney was directed to prepare the ordinance granting approval of a Variation to permit driveway gates for the property located at 44 Windsor Drive. Recommendation: Approve Ordinance S -1271. &1 Last saved by DEFAULT I \ComDev \GPOLANEK \1 -FROM BOB \Bot - PC - ZBA \BOT -FINAL Action - Groth S -1271 doc ORDINANCE 2009- ZO -V -S -1271 AN ORDINANCE GRANTING A VARIATION ALLOWING DRIVEWAY GATES FOR THE PROPERTY AT 44 WINDSOR DRIVE IN THE VILLAGE OF OAK BROOK (PIN 06 -25- 200 -031) WHEREAS, an application has been filed by John Groth and Marilyn Groth (collectively the "Petitioner "), requesting a variation to Section 13 -3 -14A of the Zoning Ordinance to allow driveway gates at 44 Windsor Drive, Oak Brook, Illinois, and WHEREAS, on August 4, 2009, the Zoning Board of Appeals conducted a public hearing on the request for a variation, pursuant to due and appropriate legal notice, and recommended approval of the variation subject to certain conditions, and WHEREAS, the Zoning Board of Appeals found that the Petitioner satisfactorily addressed the factors required for approval of the requested variation and made specific findings, including that the variation will not endanger the public health, safety and welfare, and that there will be no substantial injury to other property in the neighborhood, and WHEREAS, the Village President and Board of Trustees have reviewed the recommendation of the Zoning Board of Appeals and deem the variation, 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 • The foregoing preambles are restated and incorporated herein by reference as though fully set forth herein Section 2 The Petitioner is hereby granted a variation to Section 13 -3 -14A of the Zoning Ordinance to allow driveway gates at 44 Windsor Drive, Oak Brook, Illinois, subject to the following condition The design and installation of the driveway gates shall be in conformance with the plans submitted to the Zoning Board of Appeals 2 The Petitioner shall comply with all other applicable rules and ordinances of the Village of Oak Brook Section 3 The variation and the scope of this ordinance are limited and restricted to the property located at 44 Windsor Lane, which is legally described as follows LOT 59 IN YORK WOODS UNIT 5, A SUBDIVISION OF PART OF THE NORTH EAST Y4 OF SECTION 25, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINICPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 18, 1982 AS DOCUMENT R82- 47886, IN DUPAGE COUNTY, ILLINOIS Permanent Index Number 06 -25- 200 -031 Section 4 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 Ordinance 2009- ZO -V -S -1271 Variation - 44 Windsor Drive 06 -25- 200 -031 Page 2 of 2 Section 5 All ordinances or parts thereof in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict Section 6 This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law Ayes Nays Absent APPROVED THIS 22nd day of September, 2009 John W Craig Village President PASSED THIS 22nd day of September, 2009 ATTEST Charlotte K Pruss Village Clerk I MOM 44 WINDSOR Variation— Driveway Gates INDEX PAGE CONTENTS 16-16.a Memorandum from Director of Community Development Kallien —Village Board Agenda— September 8, 2009 15 Recommendation Letter from Zoning Board of Appeals to the Village Board —dated August 31, 2009 14-14.h Zoning Board of Appeals Meeting Minutes dated August 4, 2009 13-13.a Staff Report from Director of Community Development Kallien —dated July 28, 2009 12-12.d Letter from Applicant dated July 31, 2009 re: York Woods Covenants 11-11.d Letter from Applicant dated July 30, 2009 re: Drake Hotel and 52, 54 Windsor (Flag lots) 10-10.c Letter from Applicant dated July 30, 2009 re: Neighbor responses 9 Letter in Opposition dated July 28, 2009 8 Letter in Opposition dated July 26, 2009 7 Letter in Opposition dated July 25, 2009 6 Telephone Call in Support dated July 20, 2009 5 Resident Letter dated July 14, 2009 4 Certificate of Publication dated July 16, 2009 3 Board of Trustees Meeting Minutes dated July 14, 2009 — (Not Included) 2 Referral Memo— Board of Trustees Agenda dated July 14, 2009 1 Zoning Ordinance Section 13-3-14.A— Driveway Gates PAGE CONTENTS A Petition Application —Variation B-B.3 Letter of Explanation C-C.2 Variation Standards D Pictures of driveway, fence style and posted signs - (Included — Not Attached) E Pictures of view from Drake Hotel, Driveway, Sign locations and out of state plates - (Included — Not Attached) F Overview of Driveway Gates (when installed prior to removal) - (Included — Not Attached) G Site Plan Showing Location for Proposed Driveway Gates —small and large scale plan (Large is Included — Not Attached) H Fee/Receipt I Certification of Surrounding Property Owners J Surrounding Property Owners List K-K.1 Subject Property Verification and Legal Description L Plat of Survey— Key files only PGA �F 04,(r v O v p co own CF OOUNT'i AGENDA ITEM Regular Board of Trustees Meeting of September 8, 2009 SUBJECT: Groth—44 Windsor Drive—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 from the Zoning Board of Appeals approving a variation to allow driveway gates on a property of less than 2 acres located at 44 Windsor Drive and authorize the Village Attorney to prepare the necessary ordinance for final consideration at the September 29, 2009 Board of Trustees meeting. Background/History: At its meeting on August 4, 2009, the Zoning Board of Appeals held the required public hearing on a petition from John and Marilyn Groth, the owners of the property at 44 Windsor Drive seeking approval of a variation to allow the construction of driveway gates on their property, which contains less than the 2-acre minimum requirement for the placement of gates on properties that abut local streets. The Groth's property has a unique shape in that it is classified as a"flag-lot" and derives its access to Windsor Drive by a 20-ft. wide "flag-pole" or access way. The property also abuts the Wyndham Drake Hotel to the north. Because of the length and location of the driveway, it has been used by those attempting to get to the Hotel and those unfamiliar with the area that may mistake it for a road. The gates will not be placed where the driveway abuts Windsor Drive, but rather be located approximately 200 feet from the street and will not be readily visible to neighbors or traffic along Windsor Drive. Recommendation: By a vote of 4 to 1, the Zoning Board of Appeals recommended approval of the variation to allow the construction of driveway gates on a property containing less than two acres and to be located as submitted on the plans, subject to the following conditions. Last saved by DEFAULT J:\l-FROM BOB\Bot-PC-ZBA\BOT-Rec-VOB-Groth-VAR-driveway gates.doc /lQ. 1. Comply with all other applicable rules and ordinances of the Village of Oak Brook. 2. Add the provision "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." Last saved by DEFAULT J:\1-FROM BOB\Bot-PC-ZBA\BOT-Rec-VOB-Groth-VAR-driveway gates.doc E of Oqv • j � 0 � A O Y y G A qCF 00 1 Village of August 31, 2009 Oak Brook 1200 Oak Brook Road Village President Craig and Board of Trustees Oak Brook,IL 60523-2255 Village of Oak Brook Website 1200 Oak Brook Road www.oak-brook.org Oak Brook, IL 60523 Administration SUBJECT: Groth—44 Windsor Drive—Variation—Driveway Gates 630.368.5000 FAX 630.368.5045 Dear President Craig and Board of Trustees: Community Development Background 630.368.5101 At its meeting on August 4, 2009, the Zoning Board of Appeals held the required public hearing FAX 630.368.5128 on a petition from John and Marilyn Groth, the owners of the property at 44 Windsor Drive Engineering seeking approval of a variation to allow the construction of driveway gates on their property, Department which contains less than the 2-acre minimum requirement for the placement of gates properties 630.368.5130 that abut local streets. FAX 630.368.5128 The Groth's property has a unique shape in that it is classified as a "flag-lot" and derives its Fire Department 630.368.5200 access to Windsor Drive by a 20-foot wide "flag-pole" or access way. The driveway is in excess FAX 630.368.5250 of 400 feet long and the property also abuts the Wyndham Drake Hotel to the north. Because of the length and location of the driveway, it has been used by those attempting to get to the Hotel Police Department and those unfamiliar with the area that may mistake it for a road. The gates will not be placed 630.368.8700 where the driveway abuts Windsor Drive, but rather be located approximately 200 feet from the FAX 630.368.8739 street and will not be readily visible to neighbors or traffic along Windsor Drive. Public Works Department Public Comment 630.368.5270 All interested parties were notified of the public hearing. No one spoke in support of or in FAX 630.368.5295 opposition to the request. One resident did provide a comment on adding additional signage. Oak Brook Recommendation Public Library Chairman Davis said that the applicant had addressed the standards in writing and in their testimony as required in order to recommend approval of the requested variation. By a vote of 4 600 Oak Brook Road to 1, the Zoning Board of Appeals recommended approval of the requested variation to allow the Oak Brook,IL 60523-2200 construction of driveway gates on the property located at 44 Windsor in substantial conformance 630.368.7700 with the plans submitted. FAX 630.368.7704 Oak Brook Sports Core Very truly yours Bath&Tennis Club 700 Oak Brook Road Oak Brook,IL 60523-4600 Champ Vavis 630.368.6420 FAX 630.368.6439 Chairman Zoning Board of Appeals Golf Club 2606 York Road Oak Brook,1L 60523-4602 630.368.6400 FAX 630.368.6419 • MINUTES OF THE AUGUST 4, 2009 REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON SEPTEMBER 1, 2009 1. CALL TO ORDER: CALL TO ORDER The 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 Jeffrey Bulin, Baker Nimry, Joseph Rush and Steven Young ABSENT: Members Glenn Krietsch and Wayne Ziemer IN ATTENDANCE: Mark Moy, Trustee and Robert Kallien, Jr., Director of Community Development 3. APPROVAL OF MINUTES: MINUTES REGULAR ZONING BOARD OF APPEALS MEETING OF JULY 7, 2009 Motion by Member Young, seconded by Member Rush to approve the minutes of the July 7, 2009 Regular Zoning Board of Appeals meeting as written. VOICE VOTE: Motion carried. 4. UNFINISHED BUSINESS UNFINISHED BUSINESS There was no unfinished business to discuss. S. NEW BUSINESS NEW BUSINESS GROTH — 44 WINDSOR DRIVE — VARIATION — SECTION 13-3-14 GROTH- 44 WINDSOR DR TO ALLOW DRIVEWAY GATES ON A LOT OF LESS THAN TWO VARIATION - (2) ACRES GRIV S AY Chairman Davis swore in all parties that would testify. David Jolivette, 10 S. LaSalle Street, Chicago, IL. 60603, Attorney for the VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1 of 10 August 4, 2009 applicant reviewed the request for approval of a variation to allow driveway gates on a property with less than the 2 acre minimum requirement. He noted that the property is part of the York Woods Subdivision, which does not have an architectural review committee and there is nothing in the covenants to prohibit driveway gates. The property is unique in that it is a .95 acre flag lot and the house cannot be seen from the street because of the long drive. The property abuts the Drake Hotel and they have had problems for years with people walking down the driveway perhaps thinking that it goes to the hotel. The driveway is over 400 feet long and the house is located toward the back of a very long narrow driveway. The problem is not those that pull in to turn around on the apron, it has been a problem when they do not turn around, but instead drive up to the house. One time someone drove down to the house and hit it with her car, in an attempt to trying to turn the car around. It becomes a security situation due to the unique layout of the lot because it is not obvious that a house is located back there until people come down. The gates intend to stop people from coming all the way down to the house,because it is quite isolated. The gates would be set back about 200 feet from the street. They are not seeking to make the gates prominent, but have them setback farther down the drive. The gates are wrought iron and there is landscaping on both sides of the driveway and will not change the character of the neighborhood. They will not be precedent setting, since they will not be located close to the street and will not be visible. Most long driveways in the area are 60-100 feet long, but none are set back like these. The uniqueness of this lot is the shape of the lot and the hotel allows for strangers coming into the area and getting lost, which is not a problem that the other neighbors have. The gates will not have a detrimental impact on any of the surrounding property values. Marilyn Groth said that they submitted many details so the board would understand the problems they are having on their property. Chairman Davis said that he visited the property but did not see the tie-in into the Drake Hotel. Mrs. Groth responded that some of the problems are related to the tremendous amount of joggers, along with holiday and weekend guests of the hotel that think they can go for a walk through their property. The gates tie into the traffic that people think they can get from Windsor Drive to the Drake hotel VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 10 August 4, 2009 through their driveway. People tour Oak Brook on the weekends looking at homes and their driveway looks more like a street than a driveway. The top of the Drake Hotel can be seen from the street and many of those walking from the offices in the area think that it is a short cut to go back through the Drake to the corporate offices. Chairman Davis questioned how the gate would prohibit that from occurring. Mrs. Groth said that anyone seeing a gate would stop and it would act as a deterrent from those attempting to access to the other side. They have had issues with solicitors, damage to their home, those that are lost and lewd acts having being done on their property. Mr. Groth responded that the issue of safety has become a big concern to them. A car drove back to the house at 1:00 in the morning blasting a boom box looking for the Drake Hotel; and they approached the door of their home. People are curious and drive back there frequently. Private property signs have been posted in an attempt to try to deter that from happening. Mrs. Groth added that it was amazing how many people tour the neighborhood. If there is a garage sale, hoards of people come; and have no idea where they are going and are confused. Chairman Davis asked if it was their perception that people mistake the driveway for a road. The applicants agreed. Member Young asked whether a traffic study had been done by an engineer to see how many cars had come down their driveway. Mrs. Groth responded that she would not know that she would need to provide a traffic study for cars going on to her private property. Member Young asked for the gate details. Mr. Groth responded that it was a manual gate. Director of Community Development Kallien commented that the applicant was seeking relief to be able to place a gate on their property. The size and mechanical details of the gate would be controlled and regulated through the issuance of a building permit, if they successful and received approval for the VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 10 August 4, 2009 variation. Gates can exceed the height of fences. People have been creative with gates, which are usually tapered down at the ends. Member Young questioned whether they had considered adding any additional fencing around their property, Mrs. Groth responded that they had considered adding a fence. Most of the time it has been curiosity that has drawn people back there. They have had people look into the windows and you do not know who is looking in. Their home is beautiful and they have a lot of art work; the situation has become a concern. Member Young questioned what the crime statistics were for the neighborhood. Mrs. Groth said that they were advised by the homeowner association in June that there had been two break-ins within the prior week. A young gentleman had come to their home soliciting and tried to break the door down. They did call the police who caught him in the bushes on the Drake property. Member Young asked whether police presence was adequate. Mr. Groth said that the police patrol and drive by; however, they are very far from the street at Windsor. Member Nimry noted that there are several issues occurring on their property. He drove onto the Drake property and noted that there were several properties that abut the hotel. Part of the problem is the bike path where people go from it onto the ro ert . p P Y Mr. Groth said that the main problem they have is people driving down the driveway, which is the real intrusion. People from out of state tour the neighborhood and pull into the driveway, thinking perhaps that it is a road. Mrs. Groth said that in June two trespassers came onto their property at 1:00 in the morning and came to the front door, asking where the hotel was. She did tell a police officer the next morning who told her that he would file a report. Chairman Davis said that the intent behind the ordinance appears to be that the gates are located off of a roadway for aesthetics and the issue of safety. The proposed driveway gates are located well in back of the property as more of an accessory structure issue. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 10 August 4, 2009 17, G Director of Community Development Kallien said that they would be held to the driveway gate section of the ordinance. Member Rush said that years ago, there were not many flag lots. Director of Community Development Kallien said that most of the flag lots in the Village are located within York Woods. The code is silent to driveway gates as an accessory structure; The front yard setback would not include the flag portion of the lot. Member Young questioned the safety issue for emergency access onto the property. He questioned that if the gates were not locked how they would provide security. Mr. Groth said that there would not be a lock on the gates. There is a rod and a latch, which would require the gates to be opened manually. The gates are meant to be a deterrent. The property at 26 Baybrook has two gates on the driveway, set back about 20 feet from the end of the driveway, which are electrified; however the gates can be pushed open. Those gates are on a property with less than two acres and are definitely a deterrent. They have had people drive up, sit in the car and watch the house until they see someone look out,the window, then they drive away, and he questioned who does something like that. Mr. Jolivette said that part of the problem is that the house is located so far back on the lot and with the angle of the driveway, if someone gets back there with a car, they can park it and no one would know that a car is there, which is unlike house is visible and anyone that would ark a car on atypical house where the h Y P the driveway would be seen. Not only can a car not be seen from the street,but cannot be seen by any of the other houses adjacent to it. Mrs. Groth said that when they went on vacation last January they had asked friends to check on the house. When they got there, the window had been broken and their dog, which had been checked on daily, was in the basement. It appeared that someone tried to get into the house. There were tire tracks going up and down the driveway. They also have a security system on the house. Director of Community Development Kallien said that the way the Code is written, the key standard is that driveway gates are only allowed on properties with 2 acres or more. Out of all the properties in Oak Brook, 99 percent do not have the situation with the flag (lot). The language related to driveway gates in the Code was drafted without considering those few properties that are flag lots VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 10 August 4, 2009 and how a driveway gate request would relate to those. There are fewer than dozen lots within the Village that are flag two g g lots. There are some awkward shaped lots in the Fullersburg Woods area. Member Rush questioned why they wanted the gates placed back so far on the property, since it would seem that if the gates were closer to the roadway, people would stop before they turned onto the driveway because they would see the gates. Mrs. Groth said that they were at that location because they could see the gates from their home and if they needed to open the gate, they wouldn't be walking several hundred feet to get to it. Member Nimry said that it would make more sense to have it closer to the road to prevent traffic from going down the driveway. Director of Community Development Kallien said that Oak Brook Hills Road has driveway gates at both ends of the street, which is a private street. The gate can be controlled by a keypad and the homeowners also can control it from within their house. If it is electrified, there could be an opticom signal or a Knox box that would contain the key for the gate. Mrs. Groth said that they decided on a manual gate in order to keep it simple and create privacy. They were not opposed to making it electrified. The driveway is wider than the standard driveway and their lot is the largest flag lot in York Woods. Virtually all of the other homes on flag lots in the subdivision can be seen as well as the house on the other lot against the Drake. Chairman Davis commented that all of the other homes can be seen from the street, but this one cannot, so it appears to look more like a street than a driveway. Mr. William Lindeman, 9 Pembroke Lane, commented that perhaps enough room could be provided on the lot to accommodate a three-point turn. Also, they could add a sign that says private property and no trespassing and identify it as not being a public thoroughfare. In regards to the issue of the site line to the home, many gated subdivisions have intercoms that allow approval of entry. It would be preferable to know the identity of a person rather than looking at a car. He noted that those were just some thoughts that he had. Director of Community Development Kallien said that the comment to create a turn around area on the property would not be possible, since the width is only VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 6 of 10 August 4, 2009 20 feet, which is only 2 feet longer than an average parking stall. It would be physically impossible to make a three-point turn, unless you drove onto the neighbors' property. Chairman Davis commented that it was not difficult to drive in reverse in order to exit the driveway. No one in the audience spoke in support of or in opposition to the request. Chairman Davis noted that the standards had been addressed in the testimony presented and were provided in writing on page C of the case file. Mr. Jolivette summarized the standards as follows: 1. a. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located. RESPONSE: The property is already built out. 1. b. The plight of the owner is due to unique circumstances. RESPONSE: The property is unique as testified to. 1. c. The variation, if granted, will not alter the essential character of the locality. RESPONSE: It will not alter the essential character of the community. 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: They testified to the conditions and hardships. 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: This is not a variation that would be generally applicable to other flag lot properties. 2. c.The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 7 of 10 August 4, 2009 /T'T• neighborhood in which the property is located. RESPONSE: It would not be injurious or a detriment to the public or adjacent property owners. 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: Not applicable. 2. e.That the purpose of the variation is not based exclusively upon a desire to make more money out of the property. RESPONSE: They are not seeking to make more money out of the property. 2. f. That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. RESPONSE: They have responded to this issue and the hardship has not been created by the applicants. Member Nimry questioned whether the motion should include the location for the gates. Director of Community Development Kallien responded that as part of the request the applicant has provided a picture of the gate that they would like to install and have identified a location where they would like to place the gate. Member Rush commented that the property owner already has signs posted on the property, so if someone does not obey the signs, then they can back out. Member Bulin commented that the applicant adequately explained why they would like to be able to have the gates located so that they can be seen from the house. With the passive nature of the gates, they do not need to be located by the street. The gates provide a barrier to keep people from driving back to the house. Motion by Member Rush, seconded by Member Bulin that the applicant addressed the required standards to recommend approval of the request to allow the construction of driveway gates on a property containing less than two acres and to be located as submitted on the plans. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 8 of 10 August 4, 2009 1. Comply with all other applicable rules and ordinances of the Village of Oak Brook. 2. Add the provision "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." ROLL CALL VOTE: Ayes: 4— Members Bulin,Nimry, Rush and Davis Nays: 1 — Member Young. Absent: 2— Members Glenn Krietsch and Wayne Ziemer. Motion Carried. 6. OTHER BUSINESS OTHER BUSINESS Revised 1212005 VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 9 of 10 August 4, 2009 t VILLAGE OF OAK BROOK Zoning Board of Appeals STAFF REPORT DATE: July 28, 2009 CASE NOS: 2009-017-ZO-VAR DESCRIPTION: Variation — To permit the construction of driveway gates on a property that is smaller than two (2) acres. PETITIONER: John and Marilyn Groth ADDRESS: 44 Windsor Drive, York Woods Subdivision EXISTING ZONING: R-3, Single-Family-Detached Residence District ACREAGE: Less than one (1) acre ZONING/USE OF SURROUNDING PROPERTY: North: B-4, Hotel-Office District, Wyndham Drake.Hotel. South: R-3, Single-Family-Detached Residence District Single-Family homes. East: R-3, Single-Family-Detached Residence District — Single-Family homes. West: R-3, Single-Family-Detached Residence District — Single-Family homes. DISCUSSION: John and Marilyn Groth, the owners of the home at 44 Windsor Drive have submitted a petition seeking approval of a variation to Section 13-3-14 of the Zoning Ordinance in order to install driveway gates on their property. The minimum lot size for driveway gates for a lot that has frontage on a local street is two (2) acres. The Groth's property has a somewhat unique shape in that it is classified as a "flag-lot" and derives its access to Windsor Drive by a 20-ft. wide "flag-pole" or access way. The property also abuts the Wyndham Drake Hotel to the north. Please see the materials provided by the petitioner in the case file for a more detailed description of this request and the rationale for seeking the requested variation. STAFF REPORT -GROTH-44 WINDSOR DRIVE VARIATION-DRIVEWAY GATES CASE No.2009-017-ZO-VAR Staff Comments: • In the past 10 years, the Village Board has approved one variation to permit a driveway gate on a property(26 Baybrook) with less than two acres. • If this property had frontage on a thoroughfare (i.e., York Road, 31" Street, Midwest Road, or Meyers Road), there is no minimum lot size to have a driveway gate. RESPONSIBILITIES OF HEARING BODY: The Zoning Board of Appeals has the responsibility to make a recommendation on requests 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 each of these standards. CONCLUSION: If the Zoning Board of Appeals is of the opinion that the applicant has satisfied the requirements for the requested variation, a recommendation would be in order to approve the request subject to meeting the following conditions: 1. The development shall be in substantial conformance with the plans as submitted and approved. 2. Add the provision "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 it is the opinion of the Zoning Board of Appeals that the applicant has not fully satisfied the applicable ordinance requirements and factors for a variation, a recommendation would be in order to deny this request. Respectfully Submitted, Robe . Kalli r., A CP Dir ctor of Co Development 2 July 31, 2009 Ms. Gail Polanek Village of Oak Brook, IL. 60523 From John&Marilyn Groth 44 Windsor Drive Oak Brook, II,. 60523 Regarding your second Email request of July 30, 2009 Copy attached. Question: Please check the covenants from York Woods and find out wheather or not they show that driveway gates are or are not allowed. Answer: Enclosed with this letter please see attached(3) articles showing the York Woods Association and Covenants have NO control Regarding our Gates. Or for that matter NO Architectural Control. There is NO Architectural Review Committee. Article 6 of the York Woods Covenants coveres Driveways with NO mention or control over Gates for Driveways. Article 13 of the York Woods Covenants covers Architectural Controls Again with No Mention of Driveway Gates. There is NO Architectural Review Committee Question: Did you ever get the copies of the police reports? Answer: Gail, when we originaly met with you in June of 2009 we spoke with you regarding our police reports and we advised you our lawyer has advised us our police reports are private information and not to become public documents. We shall see you soon. Thank you, John and Marilyn Groth 44 Windsor Drive Oak Brook, IL., 60523 York Woods -News Page 1 of 1 HOME CONTACT I NEWS I GET ADOBE READER YORK WOODS Community Association 7 Newli August 2008 Joanne Cascio Legal Point-of-View regarding 2007 York Woods Community President Architectural Control&the York Woods Community Association Covenants more... With respect to the Association's role in enforcing architectural control provisions in the Declaration,it appears that the Association does not have much of a role. From a legal standpoint,nothing in the Declaration explicitly gives the Board or the Association any role in enforcing architectural control. For instance,Article VI,Section 3,which enumerates the powers and duties of the Association,does not mention architectural control. Originally,and as set forth in Article V of the Declaration,architectural control was to be exercised by an Architectural Review Committee. The ARC was composed of four (4)developer appointees,and,in the event of their resignation or death,the developer was supposed to appoint a replacement. It is my understanding that the ARC has not existed for many years and it is not clear how that Committee would be reconstituted'. There is probably no ❑neat and clean legal way to go about it. Notwithstanding the foregoing,the Lots at York Woods are subject to the architectural covenants(and other restrictions)contained in the Declaration(as well as any local ordinances). Nothing prohibits individual Lot owners from enforcing the architectural covenants,but it does not appear that the Board or the Association has any role in such enforcement. The Oak Brook Community Caucus delegates representing York Woods are: • John Baar ll (new appointment-2008) • Lucette Bamford (newappointment-2008) • George Klein,Jr.reappointment-2008) • Tim Mlsna(reappointment-2008) • AI Knuth(continuing term) • Alternate:Vic Sramek Each subdivision area is entitled to one caucus delegate for each 150(or fraction therof)registered voters in that area.,A delegate's term of service is 4 years,and he or she can renew for another term.If you are interested in serving as an alternate,please contact Joanne Cascio, York Woods Homeowners Presentation http://www.yorkwoods.org/news.php 3/18/2009 AL Alt vi, tj f a. r Y- l UNU IWAL UVr T R-62 3. Dweli'rng Cost, Quality,and same ..gj480 It is the invention and pur�oago of these Covenants t°assure that all dwell'�gs shall be of a quality of design, work�ICIP,end materials approved by-the Architectural Re- view Committee. All dwellings shall be constructed iri accasdanee with the applicable govertynenlat Building Code and with more restrictive standards that my be required by the Architectural Review Committee. The ground floor area of the dwelling, exclusive of attached garages, carports, open terraces,and breezeways, shalt be: a. For one-story dwellings—not less than 1,500 square feet. b. For dwellings of.more than one story—not less than 1,000 square feet, and the tatal living area in the dwelling shot be not less than 1,730 square feet. 4. Location on Lot No building shall be located on a lot nearer to the front lot line than the front building line shown on the recorded plat of subdivision of Yolk Woods or 40 feet,whichever is greater. No dwelling shall be located within 40 feet of a rear lot line a 12 feet of a side lot line not adjoining a street. Tennis courts and swimming pools shall be screened from miy interior street by a wail, solid fence, evergreen hedge or other visual barrier as approved in writing by the Architectural Review Committee. No tennis court or swim- ming pool shot I be located on a tat nearer to the front lot line, or a side lot line adjoin- ing a street, than the minimum setback shown on said recorded plat at 40 feet, which- ever is greater. 5, Lot Area and Width No dwelling shall be erected, placed or permitted to remain on any lot having: (a)a width of less than 100 feet within the buildable as or(b)an area of less than one- half of an acre. i 6. Driveways Access driveways and other paved areas for vehicular use an a lot shat l have a base of compacted gravel, crushed stone or other approved boss material, and shall have o wearing surface of asphaltic concrete, or the equivalent thereof. Plum and spen writ- tions for driveways, culverts, pavement edging or markers shall be as approved in writ- ing by the Architectural Review Committee. No drivelwaysshalt-be}omitted- "om either + York or Cermok roods. _ i 7. Natural Drailiage Ways Where there exists on any tot or lots a condition of oc=nulation of storm water remain- ing over an extended period of lime, the lot owner Troy, with the written approval of the Architectural Review Committee, take such steps as shall be necessary to remedy. such condition provided that no obstructions or diversions of existing storm water drain- age swales and channeir-fiver and through which surface storm water naturally flows upon or across any lot shall be made by the lot owner in such manner as to cause damage to other property- S. Easements in the recorded Plat of Subdivision of York Woods, Declarant has: - i • R-62 A--35480 front or side yard, provided that the height of the nameplate is not mote than 12 inches above the ndjoirirng ground grade. "One hospitality light standard, of a design ap- . proved by the Architectuml Review Committee, may be located within the front yard. No televisron or radio arrrehrice, or tower, or laundry-dr)el"S equipment shall be erec!- ed or used outdoors, whether artoched to a buildirV or structure, or otherwise- Flag poles are permitted provided the pole is not more than 25 feet in height, unless other- wise approved by the Architectunat Review Committee_ 12_ Temporary Structures No trailer; basement of at..uncompleted building, tent, shock,gomie, barn, (except as permitted in paragraph 1 of this Article 1V)and no temporary building or structure of any kind stall be used at anytime for a residence either temporary or permanent. Tem- porary buildings or structures used during the construction of a dwelling shall be on the some lot as the dwelling, and such buildings or structures shall be removed upon the completion of Construction. 13. Architectural Controls No building, fence, wall or other structure shall be commenced, erected, or main- tained, nor shop any addition to or change or alteration therein be made, except in- tenor alterat ions, until the construction Plans and specifications, showing the nature, kind, shape, height and materials, color scheme, location on lot and approximate cost of such building or other structure, and the grading plan and landscape plan of the lot to be built upon shall have been submitted to and approved in writing by the Architec- tural Review Committee. The Architectural Review Comm v ittee shall have the right to refuse to approve any such constriction plans or specifications,grading plan, or land- scope plan, which are not suitable or desirable, in the opinion of the Committee,for aesthetic or other reasons:and in so passing upon such construction plow and specifica- ti", grading Plan, or landscape plan, the Committee start( have the right to take into consideration the suRobil ity of the proposed building"other structure with the sur- roundings, and the effect of the building or other structure an the outlook from adjacent or neighboring Properties. In no instance shall a building of a design exactly the some as any other in York Woods be permitted except as permitted by the Arcltitecturol'ite- view Committee. it is understood and agreed that the purpose of architectural controls is to secure an attractive harmonious residential development having continuing appeal. In consideration of the eventuoI overall aspect of the community, the Architectural Re- view Committee wi it be guided by the principle that the exterior surface of the structure will have a substantial area in white material- The quality of architectural design will be considered in relation to this principle. 14. Recreational Areas Recreational facilities, including a club house and accessory buildings, may be corshuc- I: ted on lots 63 through 70, inclusive and may be used by Declorant or by a private club for any recreational activities consistent with the quatity and character of York Wands. 35. Underground Wiring No lines or wires for communication or the transmission of electric current or Power shall be constructed, placed, or permitted to be Placed anywhere in York Wood other than within buildings or structures or attached to their walls, unless the same shall be contained in conduits or approved cables.mnutructed, Placed, and maintained under- ground- - 6 - F. July 30, 2009 Ms. Gail Polanek Village of Oak Brook, IL. 60523 From John&Marilyn Groth 44 Windsor Drive Oak Brook, IL. 60523 Ms. Polanek Wyndham Drake Hotel had presented their plans for the 10 acre site in which Our Home of 44 Windsor Drive is directly next to. Please review the (3)pages attached. Please include to the Village of Oak Brook Review and Board this additional information in which our home and property is and will be subjected to. We have enclosed as well additional photographs showing extensive parking and large parties surrounding our home and property this past holiday. No police enforcement regarding the no parking signs We had to flag persons off our property once again from walking and driving up our driveway. As the pictures show it has become so dense with people and cars is has become frightening. We are also submitting photos of 54 Windsor Drive and 52 Windsor Drive Showing the very much differences than our property at 44 Windsor Drive Thank you, John and Marilyn Groth 44 Windsor Drive Oak Brook, IL. 60523 630-573-5020 Al York Woods Community Association Official Meeting Minutes Tuesday,June 24, 2008 The meeting was called to order shortly after 7 p.m. Those present were asked to print their names on a sign-in tablet that circulated throughout the meeting. An update on the invoice mailing was provided by Don Adler,treasurer to the York Woods Community Association.At the time of his report, 148 households had paid their dues. [As of July 8,2008,dues have been received from 162 households out of the 260 total. Mr. Adler reviewed the dues process,indicating there would be a"second notice"mailed to those who had not yet paid their dues.Based on the Bylaws, the next step in the process will be to turn those who still have not paid dues over to a collection agency. It is not the desire of the Board to have to do so. At the same time,dues are required of all lot owners. An update on enforcement of the Restrictive Covenants was provided by Don Adler,speaking on behalf of the association president who was not able to lead the meeting. Legal Counsel had been consulted on the matter and asked specific questions concerning changes to ordinances made by the Village of Oak Brook that were less restrictive than those set forth in the York Woods Covenants.A brief history was provided.The Board clarified the fact that,during the period of several years when York Woods did not have a legally constituted community association,the Restrictive Covenants had not been enforced. During that tune,there were any number of variances observed. Without an Architectural Review Committee,variances are likely to continue.During the discussion,it was noted that other developments in Oak Brook have Architectural Review Committees.It also was observed that many retain the services of professional management companies to address day-today maintenance and upkeep as well as other issues that arise from time to time. The requirement that fully two-thirds of the members of the York Woods Community Association would be required to vote in the affirmative to change the Covenants was noted.The discussion quickly deterio- rated into multiple concurrent conversations,making it difficult to maintain decorum. Several association members offered insights into the options that exist for York Woods.Others expressed concern at how Covenants could be enforced after a period of time when they had not been.Considerable debate ensued. A member of the Board suggested there was merit in convening a separate meeting to explore the matter of Covenants further. However,that was not the stated purpose of the meeting on this particular evening. An update on a summer yicnic and social event was provided by Denise Headrick. Mrs.Headrick said the last two weeks in August were being considered. There would be a caterer.Many activities for children and youth would be planned and residents would be asked to order and prepay for food when they RsvP'd for the event. She emphasized no association funds were to be used for this event;it is a self-funding activity...as in prior years.The previous York Woods Community Association Picnic drew participants from 233 of the 260 homes. The new owners of the Drake Oak Brook Hotel were invited to Resent their plans for that almost ten-acre site. Mr. Steve Byers spoke on behalf of the investors,outlining plans to make it a premier destination hotel and spa unique in the suburbs of Chicago.He likened the quality to that of a Ritz-Carlton or a Four Seasons property:very upscale. The existing structure will be completely renovated and refurbished,with about 6,000 square feet devoted to the Spa. Another 7,000 square feet of new construction will be devoted to high-end Banquet Facilities. Seventy new rooms will be added(in a new wing that is perpendicular to the north/south axis of the main building...replacing what is tennis courts today). It is their intention to look at all aspects of the hotel campus and facilities,with the intention of upgrading it to attract top-echelon guests. A restaurant is planned at the west end of the new south wing of the Page two—Minutes of the June 24, 2008 meeting building...with views of Butler National Golf Club.What are lower-level conference rooms now will be transformed into deluxe spa suites with direct access to the swimming pool and cabanas. The question of parking was raised and answered.Valet parking will be provided at all entrances.Another level will be added to the parking structure;it will be the same height(when completed)as the two story east building of hotel rooms.The extant underground passage will be transformed into an art gallery with frequently-changing exhibits. The Three Oaks Room will become an enclosed space,as will the Bar.The new Banquet Facility will extend in a westerly direction from the Three Oaks Room toward York Road. Mr.Byers also spoke about the need to improve traffic flow throughout the hotel grounds.He provided concept sketches of a planned entrance off of Dover,noting that it would serve as a point of ingress and not egress from the property.He discussed their plans for new signage,landscaping, lighting,etc.His goal,as a resident of the community himself,is to create a facility in which everyone is proud:a high-end boutique"destination"hotel. Mr.Byers introduced his management team,the architect and project manager for the renovations.All were available to answer questions throughout the meeting. Their intent was to establish a dialogue and get issues on the table for consideration.When his informal remarks concluded,he offered to answer questions that may have been raised.Residents responded to the overview of the new facility by voicing several concerns. Their issues/concerns included the following: • Traffic entering the hotel from Dover must cross over traffic waiting to exit York Woods. • Could alternative locations for curb cuts and facility entrances be considered? • The increased use of the hotel will generate a great deal more traffic at that intersection Would the hotel consider changing its address to 22"d Street to end the confusion? • Tour buses park at the"back"of the lot...which is quite close to homes along Windsor Drive • Could idling tour buses be located elsewhere to reduce noise and unpleasant fumes? • Existing lighting is bothersome to homeowners adjacent to the hotel campus and parking lots o Would new lighting be configured to eliminate its impact on nearby residences? An entrance on Dover,just off York Road,would mean relocating the entrance gates Would the investors/hotel be willing to build and landscape new entrance gates? Mr.Byers graciously acknowledged the various concerns that had been raised.He indicated that he and his professional team would revisit the issues,explore additional/alternative options relating to traffic flow in and out of the facility,consider changing the street address to eliminate confusion on the location of entrances,etc.He noted several important points: • York Road is a county highway,making it much more difficult to secure approval for curb cuts • The Village of Oak Brook owns two acres of land at the entrance of York Woods on Dover , • The Village is encouraging the Drake Hotel to increase the density of its campus...building to within a 100 foot setback of York Road • It does not appear to be feasible to have another traffic-light-controlled intersection in proximity to those that already are at 22nd Street and York Road as well as Dover Drive and York Road • The renovation work will be done in phases • Phase One—is all interior renovations and refurbishment and is underway in 2008 The hotel will remain open throughout the planned renovations and construction • Phase Two—is exterior work and will begin in the summer of 2009 Construction traffic will be directed to minimize any adverse impact on York Woods 1104% Page three—Minutes of the June 24, 2008 meeting • A vote on the part of York Woods residents has no impact on the project going forward;it has the full support of the Village of Oak Brook.The purpose of this meeting is to find an approach that is acceptable to those whose homes abut the hotel property and proposed entrance As a follow-up to the meeting,the Board agreed to place minutes of the meeting on the York Woods Community Association website for viewing by those who were not able to attend the meeting in person. Information on the association Budget also will be placed on the website.As concept drawings become available from the Drake Oak Brook Hotel,those will be placed on the website for viewing as well. Respectfully submitted, Thomas J. Bamford,Recording Secretary York Woods Community Association I July 30, 2009 Ms. Gail Polanek Village of Oak Brook, IL From John and Marilyn Groth Pagel of 4 44 Windsor Drive Oak Brook, IL. 60523 Good Day, We received your email of July 30, 2009 regarding your questions at hand so we shall try to answer for your information. Copy of your email attached. Question: Did you ever receive any responses in writing from any of the neighbors that supported your request for the driveway gates? If not, would you please provide a narrative of the conversations and identifying the specific neighbors names, addresses and their responses. Answers: As both Marilyn and I John Groth spoke to our adjacent neighbors these are the responses of each neighbor we spoke to. 1)Mr. Lyle Hill 54 Windsor Drive Oak Brook, IL. 60523 John Groth spoke to Lyle Hill and advised Lyle we were applying for Driveway Gates on our driveway due to the Wyndham Drake Hotel. Mr. Lyle Hill stated to John Groth-"John it does not matter to me that's fine, but I know someone who would love to give you a problem"Lyle then stated to John"you always keep your property in beautiful condition and what I look at from my house to yours is beautiful. Lyle then stated"your driveway looks like it goes straight back to the Drake, John stated it does. John put his two hands up in the air and stated to Lyle, regarding the comment of someone who would love to give us trouble and stated"Lyle I really do not care to know who that person is, because I think I already know. Have a good night. 2) Mr.&Mrs. Saradkumar Lakhani 48 Windsor Drive Oak Brook, IL. 60523 John Groth first spoke to Mrs. Lakhani and advised her we were applying for driveway gates on our driveway due to the Wyndham Drake Hotel. Mrs. Lakhani stated that would be very nice and what a pretty house we had. The next day Mr. Lakhani came over to our yard with his dog and spoke to John Groth. Mr. Lakhani stated to John as well that would be very nice and Mr. Lakhani as well offered and stated he would send a note to the Village Hall and let them know it was fine with them. John thanked Mr. Lakhani, Mr.Lakhani stated to John"call me Sam" 3) Mr. Ankon'Tsai 46 Windsor Driver Oak Brook, IL,. 60523 John Groth spoke to Mr.Tsai and advised him we were applying for driveway gates on our driveway due to the Wyndham Drake Hotel. Mr. Tsai stated to John" I don't care why did you take them down? They were very beautiful. It is no problem to him and why does the village make you go thru all this trouble?" • • Ms. Gail Polanek Village of Oak Brook, IL Page 2 of 4 4) Mrs. Kathy Dickinson 40 Windsor Drive Oak Brook, IL. 60523 We were not able to speak to her, however your email to us states you did receive a telephone call from Kathy Dickinson stating her supporting our gates. This shows both neighbors on each side of our property do not have an issue with our gates. Regarding the question of*that emergency services would have access onto our property, please know our gates are NOT elect operated. They open by hand. THE GATES ARE MENT AS A DETERANT to STRANGERS When the gates were up prior to being removed as we did not know we needed a permit the UPS Delivery Man--The Fed Ex Delivery man The Pizza Delivery man AND friends opened the gates themselves to make deliveries to us and come to our home. If the gates were electrified which they would not be, would not the Fire Dept. the Police Dept and the Security Dept be notified for their records with this information and be advised of any codes to allow access. 5 Mr. &Mrs. John Lizzadro Jr. 38 Windsor Drive Oak Brook, EL. 60523 Marilyn Groth went over to The Lizzadro's home a half dozen times or so and never found them at home. Marilyn Groth left a message on their answering machine advising our gate request and hoping they received the letter from the Village. 6) Mr. &Mrs. Louis Dato 41 Windsor Drive Oak Brook, IL,. 60523 Marilyn Groth spoke to Mr. &Mrs. Dato and advised them we were applying for driveway gates on our driveway due to the Wyndhm Drake Hotel. Mr. Dato said"why do we need to know this? "Mrs. Dato said"how nice to see you." Marilyn stated to the Dato's our land is one acre and Mr. Dato said I know you have the largest property in York woods, Marilyn said not really when you see how some lots are combined from two into one but ours is one acre and we need a permit. 7) Mr. &Mrs. Simon Sheers 43 Windsor Drive Oak Brook, IL. 60523 Marilyn Groth went to the Sheers home on 3 separate occasions until Marilyn was able to speak to Mrs. Sheers and advised we were applying for driveway gates on our driveway due to the Wyndhm Drake Hotel. Mrs. Sheers stated how nice it was for Marilyn to come over and advise them in person. Marilyn then stated to Mrs. Sheers they would be getting a letter in the mail from the village. Mrs. Sheers stated no problem you have a lovely home and again thanks for stopping over. Marilyn told Mrs. Sheers have a good evening. 8) Ms. Joan Cius 45 Windsor Drive Oak Brook, IL..60523 Marilyn Groth spoke to Ms. Joan Cius and advised her we were applying for driveway gates on our driveway due to the Wyndham Drake Hotel. Ms. Joan Cius stated to Marilyn how nice to meet her and that Joan had just recently moved into the neighborhood. They spoke about how Marilyn knew her mom when her mom lived in the home and since passed away. Joan stated to Marilyn"you have a /01A.- Ms. Gail Polanek Village of Oak Brook, IL. Page 3 of 4 driveway that goes on forever" and Marilyn stated that's part of the problem people think it's a street to the Drake. Joan stated she needed a roofer as she had a leak in her ceiling and Marilyn said she knew a good roofer and when she got home she would call her with his number. Marilyn came home and looked up the roofers number and called Joan with his number. Joan called Marilyn back a day or so later and told Marilyn she Joan called the roofer and he came out right away to look at the problem. Joan just wanted to thank Marilyn for the information and enjoyed meeting her. She then asked Marilyn to stop by anytime to see her home as she had only been there a short time. 9) Mr. &Mrs. Vijay Jha 47 Windsor Drive Oak Brook, IL. 60523 Marilyn spoke to Mr. Jha and asked him if he remembered her. Mr. Jha stated oh yes. t Marilyn advised him we were applying for driveway gates on our driveway due to the Wyndham Drake Hotel. Mr. Jha stated ok and thanks for stopping. 10) Mr. Steve Bell 2 Dover Drive Oak Brook, IL. 60523 Marilyn and I see Steve Bell at Costco on different occasions he works there and is a cashier there. Marilyn saw him one morning at Costco and told Steve that we were applying for driveway gates on our driveway due to the Wyndham Drake Hotel. Steve said"oh- ok but I cannot see your driveway from my house but I know its real long" Marilyn told Steve I know but we have to advise you. Steve replied ok, Marilyn said have a good day. 11)Mr. Paul Zielinski 4 Dover Drive Oak Brook, IL. 60523 We were not able to speak to him, however we left three phone messages for him to be advised we were applying for driveway gates on our driveway. Two at his work number and one on his cell phone number. 12) Ms. Marion Morawicz 6 Dover Drive Oak Brook, II.. 60523 John Called Ms. Morawicz and advised her we were applying for driveway gates on our driveway and we wanted to advise her. Marion asked John where do you live and John told her and she then knew who she was talking to and told John--no problem thanks for calling. 13)Dr. Abdul Sanjari 8 Dover Drive Oak Brook, IL. 60523 We were not able to speak to him. We knocked on his door two different times. 14)Drake Wyndham Hotel 2301 York Road Oak Brook, IL. 60523 We asked who to speak to and left our name and phone number to have someone call us back. No one ever called us back. Continued please Ms. Gail Polanek Village of Oak Brook, IL. Page 4 of 4 Question: Can you identify how your property is different than the 2 properties that abut your property at 52 and 54 Windsor, because they appear to have the same shape lot and circumstances as you do. Answers: The Circumstances are very much different than our property at 44 Windsor Drive The property at 54 Windsor is Mr. &Mrs. Lyle Hills property. Their home is on a short driveway in comparison to our driveway. You are able to see 54 Windsor house from the street on Windsor drive. Your are not able to see the Wyndham Drake Hotel from 54 Windsor driveway only their house and their driveway looks like a normal black top driveway to a house. Their house is much closer to the street than ours. Their driveway is approx 275 feet long and 10 foot wide with blacktop covering a very average looking residential driveway. Their lot is as well much smaller than ours. We believe their lot is a'/z acre while ours is an acre. You are not able to see our home 44 Windsor from Windsor Drive. 54 Windsor Drive has a blacktop driveway which runs directly into the front of their house. Our driveway 44 Windsor Drive is 543 feet long almost twice the length than of the Hills property, and is a full 12 foot wide paver brick driveway and runs into infinity as seen on Windsor Drive, you are barely able to see our home from Windsor Drive but you are able to see the Wyndham Drake Hotel which looks like it is at the end of our driveway. The property of 52 Windsor is a Detention area only. There is no Driveway. It is a detention area with utility boxes and sewers for heavy rains only. This detention area is vacant and will never be buildable Your comments have stated you have received several letters objecting to our gates. What objections are they and from whom? Your comment regarding two phone calls from persons that intend to come to the hearing to object?Regarding what objections? Gail, Marilyn and I hope we have answered your questions and shall await your reply to our questions. Thank you, John and Marilyn Groth 44 Windsor Drive Oak Brook, IL, 60523 630-573-5020 �O� Gail Polanek From: Donna Bettin Sent: Tuesday, July 28, 2009 12:36 PM To: Robert Kallien; Gail Polanek Subject: FW: Mail from VOB Website-Zoning Board Hearing 8/4 regarding gate for 44 Windsor Drive From: Kip Bennett [mailto:kpbennett@comcast.net] Sent: Tuesday, July 28, 2009 12:27 PM To: Donna Bettin Subject: Mail from VOB Website - Zoning Board Hearing 8/4 regarding gate for 44 Windsor Drive Dear Village of Oak Brook Board of Trustees and Zoning Board of Appeals, The purpose of this letter is to address a variance that is being presented at the August 4, 2009 meeting of the Zoning Board of Appeals for 44 Windsor Drive in York Woods. I understand that according to the Village Code, driveway gates may not be installed on lots of less than two acres. The Village has set these rules to protect the residents and yes, sometimes a variance is a necessity. In this situation, I do not believe there is any reason for a variance to be allowed. The gate serves no purpose of protection than to keep someone from making an error and driving into the driveway. If that is the reason for the gate, then everyone should be allowed to build one in the Village. We all have had someone turn into our driveway at some point whether by mistake or to just turn around. Allowing a gate is also inconsistent with the architectural guidelines the York Woods Community Association has tried to uphold. Please note my disapproval of letting a gate be installed at 44 Windsor Drive. I do not support a vote for it from the Zoning Board of Appeals. Sincerely, Clifford "Kip"Bennett 55 Sheffield Lane York Woods Subdivision 1 July 26, 2009 Dear Village of Oak Brook Board of Trustees and Zoning Board of Appeals, The purpose of this letter is to address a variance that is being presented at the August 4, 2009 meeting of the Zoning Board of Appeals for 44 Windsor Drive. According to the Village Code, driveway gates may not be installed on lots of less than two acres. The Village has set these rules to protect the residents and yes, sometimes a variance is a necessity. In this situation, I do not believe there is any reason for a variance to be allowed. The gate serves no purpose of protection than to keep someone from making an error and driving into the driveway. If that is the reason for the gate, then everyone should be allowed to build one in the Village. We all have had someone turn into our driveway at some point whether by mistake or to just turn around. I do not see any reason for this variance to be given and do not support a vote for it from the Zoning Board of Appeals. Sincerely, Cindy Groh 50 Windsor Drive York Woods Subdivision July 25, 2009 Dear Village of Oak Brook Board of Trustees and Zoning Board of Appeals, The purpose of this letter is to address a variance that is being presented at the August 4, 2009 meeting of the Zoning Board of Appeals for 44 Windsor Drive. According to the Village Code, driveway gates may not be installed on lots of less than two acres. The Village has set these rules to protect the residents and yes, sometimes a variance is a necessity. In this situation, I do not believe there is any reason for a variance to be allowed. The gate serves no purpose of protection than to keep someone from making an error and driving into the driveway. If that is the reason for the gate,then everyone should be allowed to build one in the Village. We all have had someone turn into our driveway at some point whether by mistake or to just turn around. It is incumbent upon each homeowner to familiarize themselves with the Village Code and not erect something which is prohibited. That is what occurred in this situation and now they are asking for a variance "after the fact". I do not see any reason for this variance to be given and do not support a vote for it from the Zoning Board of Appeals. Sincerely, Larry Groh 50 Windsor Drive York Woods Subdivision 07. • k July 20, 2009 Telephone call was received from Cathy Dickinson— resident at 40 Windsor Drive. She said that her property is directly in front of 44 Windsor. The driveway for 44 Windsor runs along her side yard where the proposed driveway gates would be located. She said that she did not object to the gates and to say the only concern she had was that the gates would be wide enough and emergency vehicles would have the ability to have access through the gates. That being said she said that she would like it noted that she did not have any objection to the gates that would provide security to the property from the vehicles that access it. She said that people think that this driveway is a road and not a private driveway. �I GE OF Oq�, � • � X90 o o y G OA r 9c�00UNT1 •\��\ Village of Oak Brook July 14, 2009 1200 Oak Brook Road Oak Brook,IL 60523-2255 Website www.oak-brook.org Dear Resident: Administration The Oak Brook Zoning Board of Appeals and the Village Board will be considering 630.368.5000 FAX 630.368.5045 a variation request at the meetings scheduled on the back of this notice. Community The application has been filed by: John and Marilyn Groth Development 630.368.5101 44 Windsor Drive FAX 630.368.5128 Oak Brook, IL 60523 Engineering The property in question is located at: 44 Windsor Department 630.368.5130 Relationship of a pp licant to property: Owner FAX 630.368.5128 Fire Department Also shown on the reverse side of this notice is a map* of the area to assist you 630.368.5200 in determining your relationship to the property in question. FAX 630.368.5251 Police Department The request, which has been made, is as follows: 630.368.8700 FAX 630.368.8739 The petitioner is seeking approval of a variation to permit the construction of driveway gates on a property containing less than the required 2 acres. Public Works Department 630.368.5270 you ou desire more detailed information, please contact the Community FAX 630.368.5295 Development at 630-368-5103 between 8-4, Monday through Friday. Oak Brook Sincerely, Public Library 600 Oak Brook Road J��C Oak Brook,IL 60523-2200 Ka Robert L. Dien J P 630.368.7700 , FAX 630.368.7704 Director o ornjvehity Development Oak Brook Sports Core RLK/gp Bath&Tennis Club 700 Oak Brook Road Oak Brook,IL 60523-4600 630.368.6420 FAX 630.368.6439 Golf Club 2606 York Road Oak Brook,IL 60523-4602 630.368.6400 FAX 630.368.6419 In accord with the provisions of the American with Disabilities Act, any individual who is in need of a reasonable accommodation in order to participate in or benefit from attendance at the public meeting should contact the Village's ADA Coordinator, at 630-368-5022 as soon as possible before the meeting date. All meetings are held in the Samuel E. Dean Board Room located 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**. . . . . . . . . . . . . . . . . 7:30 p.m., Tuesday, August 4, 2009 Board of Trustees Meeting . . . . . . . . . . . . . . . . 7:30 p.m., Tuesday, August 25, 2009*** ** Public Hearing Body ***Tentative— Follows the completion of the Zoning Board of Appeals public hearing 625��[��.'Jl 2025 2020 O 021 V 709 ` 2100 X100 "5��;y. �` `•''�• ?�o\ o-4 \ \ 2100 2,67 71h, ``%' 615 600 2122 `300 210 122 120 — +> 2211 i67 4341 39 37 31 35 99 •_� /29 - 1.oCP,�,o,N G� 66 65 42 4038 3g 34 30 27 2215 64 63 26 25 it OF L+•`BJ B-4 62 61 q 6 8 1 12 16 2� p�R,� \ 2 5 , 9 „ 15 � \ h 2301 2305 60 1� _ 5 61 59 7 55 53 51 49 54 S 2 I �2 X50 47 -- 2 4 48 66 64 162 60 58 56 X50 45 44 43 3 6 40 45l 47{/\ 2�.2 261 42 41 _8 `38 :4 V�\2D•.`� 39 41 s i%ca 7 10 - -- /-'18” 23 27 40 37 9 12 39 35�\ \5�,3 36 33 2G06 ,%;.�, `•_� 34 31 " 4 3 31 10 32 -- 1 _ 9 _ 30 29 30, 29 2616 2615 5 -�% %27� g 7 ` 28 27 2619 7 26 25 4 3 16 24 25 ..��_.._ - ,1r�-� E-262b 9 �i24 —�r i ' ' \,18 \23 2714 2 4 6 1 101214\ \ I V 2707 11 22 H x.,21�. 2717_ 75 20 i 15 17`19 wo 21 3 I5 7 9 /54 , 51 G R-3 ,8 '� 4 6 %' i Public Notice +T NOTICE IS HEREBY • GIVEN that a public hear- ing before the Zoning Board of Appeals of the Village of Oak Brook DuPage and Cook Counties,Illinois,will be held on August 4,2009,at gH " u° o°nVilaeal (Br Oak CERTIFICATE OF PUBLICATION ment Center), 1200 Oak Brook Road,Oak Brook,Illi- nois 60523 for the purpose of considering the application of John and Marilyn Grath, variation D&Redd . 44 Windsor Drive, Oak Brook, Illinois 60523, prop- erty owners,for u variation as provided for under Title 13 of the Zoning Ordinance Of the Village of Oak Brook, Illinois, Ordinance G-60 as Corporation organized and existing under and by virtue of the laws of amended. The petitioner is seeking the State of Illinois,DOES HEREBY CERTIFY that it is the publisher approval of a variation to permit the construction of driveway gates on a prop- of the DAILY HERALD.That said DAILY HERALD is a secular erty containing less than the required 2 acres. newspaper and has been circulated daily in the Village(s)of erahly describemay a 4 Wino- Addison Bensenville Bloomingdale, Carol Stream,Glendale Heights, sor Drive, Oak Brook, Illi- nois, 60523 and the legal - Glen Ellyn Itasca Keeneyville Lisle Lombard,Medinah,Naperville, description is as follows: Lor 5,IN YORK woods Oak Brook Oakbrook Terrace Roselle,Villa Park,Warrenville, UNIT 5, A SUBDIVISION OF:AST 114 OF SECTION 25 West Chicago Wheaton Winfield Wood Dale TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL ME- RIDIAN, ACCORDING TO THE PLAT THEREOF RE- CORDED OCTOBER 18, 1982 AS DOCUMENT R82- 47886, IN DUPAGE. COUNTY,ILLINOIS. Permanent Index Number 06-25-200-031 All persons desiring to be heard will be afforded an op- portunity to do so and may submit their statements orally or in writing or both. The hearing may be re- cessed to another date if no- lice of time and place thereof is publicly an- nounced at the hearing or is given by newspaper Publi- cation not less than five(5) days prior to the date of the recessed hearing. In accord with the Provi- sions of the American with Disabilities Act, any indi- vidual who is in need of a County(ies)of DuPage reasonable accommodation to order to participate in or and State of Illinois,continuously for more than one year prior to the benefit from attendance at this public meeting should date of the first publication of the notice hereinafter referred to and is of contact Blaine Wing, should uld _. P loge's ADA Coordinator, s- general circulation throughout said Village(s) County(ies)and State. 630-368AD as soon as post sible before the meeting date. The petitioner's applica- tion is on file with the Village Clerk and with the Director I further certify that the DAILY HERALD is a newspaper as defined in Community wishing to Develop- ment. Persons wishing to an Act to revise the law in relation to notices"as amended in 1992 examine Igyoe pennon docu- ments Illinois Compiled Statutes Chapter 7150 Act 5 Section 1 and 5.That a iheaDrectorr ofo Com- munity Development, Rob- notice of which the annexed printed slip is a true copy,was published ert Kallien, Village of Oak Brook, 1200 Oak Brook July 16,2009 in said DAILY HERALD. Road,Oak Brook, IL 60523, telephone 630.368-5103. Charlotte Pruss Published at the direction of IN WITNESS WHEREOF,the undersigned,the said PADDOCK the Corporate Authorities and the Zoning Board oa oofOak PUBLICATIONS,Inc.,has caused this certificate to be signed by,this the Brook, DuPage and cook authorized agent,at Arlington Heights,Illinois. Counties,Illinois. Published in Daily Herald July 16,2009(4166610)S PADDOCK PUBLICATIONS,INC. DAILY HERALD NEWSPAPERS BY Authorized A nt Control#4166610 OF OA�f PGA �9 ` ' p G O 9 CF OOUNTV,��. AGENDA ITEM Regular Board of Trustees Meeting of July 14, 2009 SUBJECT: Referral—Groth—44 Windsor—Variation— Section 13-3-14A—Driveway Gates FROM: Robert L. Kallien, Jr., AICP, Community Development Director G , BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to refer the request for a variation to the Zoning Board of Appeals for public hearing. Background/History: John and Marilyn Groth, property owners of the property located at 44 Windsor Drive have submitted a petition to construct a driveway gate on their property. Recommendation: Please refer the request for a variation to the Zoning Board of Appeals for public hearing. W� BOT-Referral-Groth-44 windsor VAR.doc Sterling Codifiers, Inc. Page 1 of 1 13-3-14: DRIVEWAY GATES: Driveway gates are permitted as accessory structures in required front yards, or side yards adjoining a street; provided that they conform with the following criteria: (:.Be4equired Acreage: No driveway gate may be installed on a lot of less than two (2) acres, unless the front yard of said lot abuts a thoroughfare4. Any driveway gate previously approved and constructed in accordance with applicable law at that time shall be treated as a permitted and legally conforming use. B. Direction Of Swing: Driveway gates shall not swing outward from the property. C. Width: The minimum width for a gate structure shall be twelve feet (12') for opening the gate. All driveway gates shall be greater than fifty percent (50%) open in design when viewed from a ninety degree (900) angle, except that this required open space in louver type gates may be viewed from any angle, and excluding metal gates with more than seventy five percent (75%) of its surface area open space. D. Location Of Gates: Gates shall be located a minimum distance of twenty feet (20') from the nearest edge of pavement on local residential streets and within thirty feet (30') from the nearest edge of pavement on all other streets including all thoroughfares and collectors (reference the Oak Brook transportation plan phase II report dated January 1971), to allow adequate room for vehicular access to the property. (Ord. G-678, 6-26-2001; Ord. G-741, 2-10-2004) Footnotes - Click any footnote link to go back to its reference. Footnote__l._:. See title__1.4,of this code. Footnote 2: See title 14 of this code. Footnote 3: See title 14 of this code. Footnote._.4. See section 14-2-2 of this code. http://www.sterlingcodifiers.com/codebook/getBookData.php?id=&section id=411035&k... 6/26/2009 /' OF Oqk lE ROOK PEFITION APPLICATION for PUBLIC HEARING ZONING ORDINANCE: ❑ APPEAL ($300) ❑ VARIATION ($750) ❑ AMENDMENT ($750) ❑ SPECIAL USE ($750) STORMWATER ORDINANCE: ❑ VARIATION ($750) PUBLIC HEARING SIGNS ($50-each lot frontage) ❑ -Enter Number of Street Frontages/Per Parcel };�y�p� ? E�E '��' a' u t 2E� aY�1 } x �t�,• E '.l� S �� s� � APPLICANT TO COMPL.EFE u I tr0 tWR� tr�rrla f w i> eIt W ` rt iiilc�>w'CK 'AKNI� LOCATION OF SUBJECT PROPERTY W/A)DS4)e bk. PERMANENT PARCEL NO*. -, -' -acs -03 LOT NO. _ SUBDIVISION u_k�P _C LEGAL ADDRESS': If ZONING DISTRICT 3 ZONING R INANCE SECTION - 3— -- 110 ACTION REQUESTED a N U(-,,f6 v C � u 0 Z6 ,� S' PROPERTY INTEREST OF APPLICANT: OWNER CONTRACT PURCHASER AGENT S OWNER(S) OF RECORD Odj 41zlt-M PHONE 004*"rap'o ADDRESS AIVOIZ lLt V CITY A !�/CaQ STATE ri ZIP BENEFICIARY(IES) OF TRUST PHONE ADDRESS CITY STATE ZIP NAME OF APPLICANT(and Billing Information) [iiLd 6'04 PHONE �0--(-I ',(a?-j ADDRESS y l,(IlAlhf0k-� :DR14 CITY 04 Z k STATE �C�ZIP Contact Name and E-mail Address(s)Q14A)J��`�/�/L'���j/i.� —�Al� C%r X&6 f 06,4 ,-/VE'r 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 crib in t Village Code. In addition 0 the qbove fees,applicant agrees to reimburse the Vill ge for publicati n cost within Y d_ays of billing. V LAW 0 Signature of Ow&r Date Si nat re of Oplicant Date DO NOT WRITE IN THIS SPACE-FOR OF ICE USE ONLY '»i;.dg^i4 .A Iiy� u s .� r:,. r%Cs„ry r `a'd,� a •'w§' .a.at�.. `r c l ?� p a,�y .. yb tsa. w• .� •a F<� Ere�€��,3 .'�< " � a'`4: ,? � ��. � i,..� "� �' ``w wE D� ,iY 9➢M �`x•' �:�• $ Ilk. BOdr t+b Tf_rlf teee , e s eta x I?UBLIGH �IN CtA BS,° PaoCar �s � n �,, � )ni r r ,', , i ':a. e .. ,Ez.,•t a .x �' +a, 1` }}� z a e � �.c°^�• �� �t �'.Am ': �lx 5 .Y � �, ; �K b A1� N ��'& "� '.,,•" (�-'�'� 5 t�5 z"¢��3„E '` .�`��pp��lF�b;�1�I� �)� E �� � ,� �, rime-$'�1 a .., $I, fdE V[LL AGE John&Marilyn Groth 44 Windsor Drive Oak Brook, IL. 60523 630-573-5020 Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL. 60523 Zoning Board of Appeals Board of Trustees June 18, 2009 Dear Boards, Letter of Explanation to Justify the Granting of Variation for our Driveway Gates. The Hardship and Unique Circumstance we have been dealing with have required us to seek this Variation. We have tried in detail within the attached complete filing to explain and show yourselves the problems we have been dealing with. Our lot size and shape has required our very long driveway which has presented unusual difficulties and more so problems being next to The Drake Wyndham Hotel a public area and public parking lot. These pre-existing conditions are not of(our)the present owners making. These public areas have caused us many problems. The hardship does exist due to our lot shape and the hazards due to the neighboring property usage, The Drake Wyndham Hotel and their complete Parking Lot is our neighbor. Please know the essential character of the neighborhood will not be damaged in any way. To that question our driveway gates will provide beautification and enrich the area. Please review the attached copy of our letter December 19, 2008 to Mr. Bill Hudson Building Inspector Supervisor Village of Oak Brook. Mr. Bill Hudson was very helpful to us with direction. Enclosed as well are the items requested regarding the Submittal Documents Guideline for your review. We shall await your reply on further steps. Thank you, John&Marilyn Groth 44 Windsor Drive Oak Brook, IL. 60523 630-573-5020 • Village of Oak Brook, IL. Mr. William H. (Bill)Hudson MCP Building Inspection Supervisor 1200 Oak Brook Rd. Oak Brook, IL. 60523 Page 1 of 2 Re: John and Marilyn Groth December 19, 2008 44 Windsor Drive Oak Brook, IL. 60523 Upon receipt of your letter dated December 18, 2008. We called and left two phone messages and requested your return call to us, regarding our gate fence for the security and safety of our residence of 44 Windsor Drive, Oak Brook, IL. 60523 Within the last several years the neighbors to the left of our home their address is 46 Windsor Drive, Oak Brook, IL., each year they have Very Large outdoor summer parties. We have asked them on several occasions to keep the over hundred persons in their own back yard on their property and not have them come back into our yards. We have a long ranch home with 3 side yards. They have ignored our requests and to let you know, this year on July 4, 2008, I John Groth had to park my car on an angle across my own driveway with two ropes tied to my two trees and car to keep the persons at THEIR party off of my property. Is this a thing to have to do in your own home?It has gone so far as persons at their parties have come into our back yards looking into our windows and front door. This has been done year after year to us and each year their parties get bigger and bigger with more and more people and cars which they try to park on our driveway. This year we had to call the police due to their having all their garbage all over our driveway. The police officer(a women) saw all the garbage all over our property and had to go over and talk to them and have them clean their garbage off our property telling them they cannot continue to do this to our property. Each year as well, the Village of Oak Brook on the a of July has their fireworks display. Over the years we have been in our home and have had persons drive up and park on our driveway without are knowing who they were and as well having left their cars by our home on our private property. The village does not allow parking on the streets and once again our property it thought to be a pubic way. Unbelievable to say the least This year a women drove down our driveway at approx 7 am in the morning, backed her car into our house and fell down on our driveway. We had to call the police and file a report. This could not have been more upsetting to have to go thru this at the front door of our home. We had to request The Drake Hotel to post NO TRESPASSING signs at the edge of our property. Their entire parking lot buts up to our property, due to the fact my wife Marilyn Groth went out into our back yard early one Sunday morning to water and garden her flowers to find a couple in our back yard having sex within our evergreen trees. We had to call the police and file a report they caught the couple. Over a year ago a man came to solicit at our front door and he was arrested for trying to kick in our front door. Again a police report was filed and the man was caught hiding under bushes on the Drake Hotel Property. (continued page 2 of 2) Village of Oak Brook, IL. Mr. William H. (Bill)Hudson, MCP Re: John&Marilyn Groth Page 2 of 2 44 Windsor Drive Oak Brook, IL. 60523 We have for years as well had a private property no soliciting sign on our driveway and at the entry to our home on Windsor drive. We have had a problem for several years with the Drake Hotel Guests thinking our driveway is a road into the Drake Hotel. Also their guests thinking our driveway is a walking and jogging trail. THIS IS OUR HOME and our private property. We have posted for years NO TRESPASSING SIGNS at both areas of our driveway and a Doberman Guard Dog sign as WELL and still persons unknown to us come driving, running, and walking down our driveway and our private property. We have purchased a Doberman Pincher Dog for additional protection to detour persons and autos from trespassing on our property. At our age we should not have to train a Doberman Pincher to protect our property. With the state the economy is now in and will be for many years to come, we can not allow total stranger persons coming down our driveway, peering into our front and side doors and windows and accessing our home and our homes contents. Our home is on an acre site and our gate fence is on our property. We have been very tasteful and tactful with our gate fence. Over twenty years ago when our home was being built, we at that time asked the building Inspector a Tony Stephens I believe his name was, if we were able to put a gate fence on our driveway, his reply was YES we could as long as it was 40 feet back onto our property, which it is further back than that. We have to deal on a daily basis with not ONE but TWO accesses to our property. There are several neighboring homes with gate fences as well. We have as well photos of surrounding homes and gate fences, columns and entry driveway fences. The security of our home has been jeopardized many times to say the least and we are very concerned for the security of our home as we should be due to the past several situations. We have also just been told there were two break-ins' within our neighborhood. We can not continue to allow unknown persons and autos access to our residence which is on a flag acreage and a very private area. We would like to meet with you for your concession of our homes and our security. Thank you for your review of this matter. Mr. John and Mrs. Marilyn Groth 44 Windsor Drive Oak Brook, IL. 60523 630-573-5020 a x At CfC�UttTy •��� Village of CERTIFICATE OF COMPLIANCE Oak Brook 1200 oak Brook Road Village of Oak Brook Oak Brook,IL 60523-2255 Website www.oak brook org Oak Brook,Illinois Administration 630.368.5000 FAX 630368.5045 Community I hereby that the residence 44 Windsor Drive Oak Brook, Illinois has Development y s , k, - 630.368.5101 FAX 630.368.5128 complied with all requirements of the Building and Zoning Regulations and Engineering Department Ordinances of the Village of Oak Brook, G-209 and all amendments thereto, 630.368.5130 FAX 630.368.5128 relative to: Fire Department 630.368.5200 Permit Number 08-2-810 FAX 630.3685250 Police Department 630.368.8700 FAX 630368.8739 Issue Date: March 3,2009 Public Works Department 630.368.5270 FAX 630.368.5295 Robert L. ien,Jr. Oak Brook Building - loner Public Library 600 Oak Brook Road Oak Brook,IL.60523-2200 630.368.7700 FAX 630368.7704 Oak Brook Sports Core Bath&Tennis Club 700 Oak Brook Road Oak Brook,IL 60523-4600 630.368.6420 FAX 630.368.6439 Golf Club 2606 York Road Oak Brook,IL 60523-4602 630.368.6400 FAX 630.368.6419 Standards Page 1 of 3 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. Answer This does not apply to our Variations request. 1)B) The plight of the owner is due to unique circumstances. Answer Our property is directly adjacent to the Drake Wyndham Hotel as well as the Drake Wyndham Full Public Parking Lot. Our Driveway is over 542 feet long. Pictures enclosed. We have posted Private Property Signs, No Trespassing Signs as well as Beware of Dog Doberman Pincher Signs and No Solicitation Signs. All of these attempts have been an insufficient detouring which has failed for us over the 19 plus years we have lived in our home. The guests who stay at the Drake Wyndham Hotel are from all over the United States Pictures enclosed..... Our driveway is incorrectly viewed and attempted to be used by public persons and guests of the Drake Wyndham Hotel as a JOGGING PATH, a WALKING PATH and AN ENTRANCE FOR AUTOS looking to enter the Drake Wyndham Hotel. We then have to become involved and advise these TOTAL STRANGERS there is NO access to the Drake Wyndham Hotel and this is NOT a public street, Nor are these total strangers able to turn around in our driveway. The driveway is a straight line only. One women hit our house with her car trying to turn around, she put her car in reverse and ran off the driveway, over our grass and into a mature tree. The office workers as well from the Drake Office Buildings who take their lunch times and walk for"their" exercise from the Drake Office Buildings onto Windsor Drive and then they also think our driveway is a short cut back to the Drake Office Buildings WHERE THEY WORK. These disruptive actions and concerns are very upsetting to ourselves. Years of having to redirect persons regarding these happenings as this is OUR Private Property and this property and home is not associated with the Drake Wyndham Hotels Property or Business Offices. The signage we have posted for years clearly states this is Private Property. Once again this last April we were awoke past 1 am in the morning with persons looking for entry to the"hotel" driving down our driveway with their radio as loud as could be and not being able to turn around on our driveway. How would your feel with these things happening to you? The Drake Wyndham Hotel also has wedding receptions, business conventions, music and parties with music bands within their parking lot areas, the guests just want to "WANDER" with drinks in hand. Standards Page 2 of 3 Continued re: B) These conditions are disruptive with each occurrence. The frequency of these situations is very much a hardship and very upsetting. I)C) The variation if granted will not alter the essential character of the locality. Answer No. Our gates will provide beautification which would enrich the area. 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. Answer The particular physical surroundings, shape and topographical conditions Have created the particular hardship verses a mere inconvenience to my wife and I. Our property is a 1 Acre Property Flag Property. We have been subjected to constant total strangers showing up on our property time and time again, along with damage to our property and home. We have even had total strangers under our evergreen trees which were guests from the Drake Wyndham Hotel regarding vulgar acts, blankets and liquor bottles. Would you open your doors to these strangers? 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. Answer The condition of our property is unlike others. We have a driveway over 542 feet long, our property is against a public facility, The Drake Wyndham Hotel has as well a Public Parking Lot with Guests from all over the United States staying, coming and going. Pictures Enclosed. If some ones home was as well with our homes conditions they should as well be granted a Variation for Safety of their Property. C. Standards Page 3 of 3 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. Answer The granting of this variation will not be detrimental to the public welfare. It will not be injurious to other property or improvements in the neighborhood which this property is located. 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. Answer The variation will not impair an adequate supply of light or air to adjacent property. The variation will not increase the danger of fire nor it will not endanger the public safety. The Beautiful Gates will not diminish nor impair property values within the neighborhood. 2)E) That the purpose of the variation is not based exclusively upon the desire to make money out of the property. Answer This variation is not based upon the desire to make money out of our property. Our request is for safety and security of our property. 2)F) That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. Answer The Hardship and Difficulties have NOT been created by any persons which would be my wife Marilyn Groth and myself John Groth owners presently having an interest in our property. The Hardship and Difficulties are real true problems for ourselves. Con tr3ytOrs Note: All trades must contorm to current es Ifting codes aVVlymgto trus Vro;cct CUm Ireclors b+zrJy ali Jini�;,,;�.na�nU c^n dorons:xlorl..z.urm;uny rnY�4 R,.d any d�sr rx.;dn: s Ir„! tp nnr scdl! �.n drawings-use tigure0 dimensrorls Only. ffw -25 JTiL. =gStMtNT- t i t t I i ' I ! a t I iI lyl ! (\ J N I_ r I \ \ 3 e 'y� CTrS �vl� b l � IZ1 � S U6. SITE PLAN \ ® 5;-411:--r. a i �fir, /�'!r✓ PO l�uO. JOHN P GROTH__ z_TOBO/ziio 19 9 7. IVIARiv_1'N GROTf I osiizore+a O"BROOK II'_60523 _DATE e PAY TO THE ORDER OF 6 �)/ DOLLARS _ _._.. -:-CIT.IBANK.NX:BR..M8_ .. _ _ ._ _.:.�__. —_ _ _ _ 1900 SPRING ROAD "OAK-BROOK IL 60529 -. ..... .. _ .. 1 ._ .... MISCELLANEOUS PAYMENT RECPT#: 37306 VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD ' OAK BROOK IL 60523 DATE: 06/25/09 TIME; 14:32 CLERK: Pfinaldi DEPT; CUSTOMER#: 0 INFO: ZONING-44 WINDSOR 4302 ZONING/SUBDIVIS 800.00 AMOUNT PAID: 800.00 PAID BY: JOHN P. GROTH PAYMENT METH: CHECK 1997 REFERENCE: AMT TENDERED: 800.00 AMT APPLIED: 800.00 CHANGE: .00 Certification • Surrounding Property Hers Pro a Ow (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. (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. 5414 AWL*04 6 Printed Name of Owner rinted Name of Applicant Signature of Owrfel U Date Signature of Applica t U 12 1 Date BILL TO ��IFORMAT f01�1 low 6P41-# 5 Y E Print Name/Company Contact Person Contact Phone �Q 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. Variation Packet-2/4/2008 • • NAMES OF SURROUNDING PROPERTY OWNERS from the roe in question for a distance of surrounding property owners q Following are the names and addresses of all s g p petty property�Y approximately 250 feet in all directions. The number of feet occu pied 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. ADDRESS OV PROPERTY ADDRESS ARCEL PROPERTY ORuh . R o,U � -off r vj?, 0hA616i' j 0I?-3 S41A t ,Pd oNnJ INAS60,JK,a ' �aa,JG us (Attach additional sheets if necessary) Variation Packet-2/4/2008 s Su ct Property Verificain omplete a separate form for each P.I.N.) 1. Permanent Index Number (P.I.N. from Real Estate Tax Bill): 031 2. Common Address: �I�1bS�/�� l U 04 ° U � 3. Type the Complete Legal Description Below. (Attach a separate page if longer than the area provided) 4. Email the Legal Description to gpolaneke-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)1)�`Contact Person:--1,4 d d Date called: -D I verify that the information provided above is accurate. Printed Nam ignature Date: -/��09 Relationship to Applicant: 111��Af ,� 6 r ry b'" ,. ,': ; h' :ate r «v � ,r�xt* aa.� ? ����...,,, /►�. ^� a� a e ��. ........ sr a s� .,_3�Yt ^�f,, E g � `�' d'� y^' e:• �r'� ".i� i`I. U��� � a��y ���� � �a� �� `x� �-a � .:e qs;„sqa �<. + y�` >f'k,,,". � ,.�5 ��u,"���r+ �� � � �s y � ?..i � �,.....a�w� •`p� E,x�� b"4 r -.� ��` � � ,x, � ,d � ,� �F � r a � �� •.€ ;q s#�� � :;a",3�x •y '�•:s:' s � �s °�� ;c - .�'��. a���'y r '. r�, 3 ,. ��5 Variation Packet-2/4/2008 JOHN AND MARILYN GROTH SUBJECT PROPERTY VERIFICATION PERMANENT INDEX NUMBER P.I.N. FROM REAL ESTATE TAX BILL 06-25-200-031 COMMON ADDRESS: 44 WINDSOR DRIVE OAK BROOK, IL. 60523 LEGAL DESCRIPTION LOT 59 IN YORK WOODS UNIT 5, A SUBDIVISION OF PART OF THE NORTH EAST 1/4 OF SECTION 25, TOWNSHIP 39 NORTH,RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 18, 1982 AS DOCUMENT R82-47886, IN DUPAGE COUNTY, ILLINOIS. WO -v �• 4�o o r •, ,yam a •w- Oki '��= :�� fit+ - ' r• � + f .Qi u �4 OwQ = �r U Z O ? •`' . z �= z0 UWWU QWV/ � • tom- . : oo W \ ` Mow �. 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