S-1085 - 10/26/2004 - VARIATION - Ordinances ExhibitsEXHIBITS
S- I OS50,
ORDINANCE 2004- ZO -V -S -1085
AN ORDINANCE GRANTING A VARIATION FROM THE
PROVISIONS OF SECTION 13- 6D -3F(3) OF TITLE 13
( "ZONING REGULATIONS ") OF THE VILLAGE CODE
OF THE VILLAGE OF OAK BROOK RELATIVE TO
REAR YARD SETBACK REQUIREMENTS
(Bhargava /Agrawal — 722 Forest Glen, Oak Brook, IL 60523 / P I N 06 -24- 206 -044 )
WHEREAS, the Village of Oak Brook has heretofore adopted an ordinance setting forth the
Zoning Regulations for the Village of Oak Brook in Title 13 of the Village Code, and
WHEREAS, Section 13 -14 -6 of the Village Code sets forth the authority and standards of the
granting of variations to the Zoning Regulations,
WHEREAS, Pradeep Bhargava and Rekha Agrawal ( "Petitioners ") are the owners of certain
property legally described as follows
LOT 23 IN FOREST GLEN SUBDIVISION UNIT 2, BEING A SUBDIVISION OF PART OF THE
NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS AND OF PART OF THE
FRACTIONAL NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 39 NORTH, RANGE 12,
EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, ACCORDING TO
THE PLAT THEREOF RECORDED MAY 13, 1977 AS DOCUMENT R77- 35731, IN DUPAGE
COUNTY, ILLINOIS
WHEREAS, the Subject Property is located within the R -4 Single - Family Detached Residence
District, the regulations of which require a rear yard setback of not less than thirty feet (30') in depth, and
WHEREAS, the Petitioner has submitted a petition for a variation to reduce the required rear yard
setback to approximately fifteen feet (15') for the purpose of constructing a room addition with an
attached deck to the single - family dwelling on the Subject Property , and
WHEREAS, on September 7, 2004, and October 5, 2004, the Zoning Board of Appeals of the
Village of Oak Brook conducted a public hearing at the Oak Brook Village Hall, 1200 Oak Brook Road,
Oak Brook, Illinois in connection with the aforesaid petition, after due and appropriate legal notice was
given; and
WHEREAS, the Zoning Board of Appeals specifically considered the standards set forth in
Section 13 -14 -6 (D) of the Village Code and made the following findings of fact
• The petitioners satisfactorily addressed the factors required for approval of a variation
• The applicants' hardship is due to the unique circumstance that their lot is undersized
being 14,000 square feet when the minimum standard in the R -4 district is 18,000 square
feet
• The Subject Property is a corner lot.
• The placement of the existing home on the lot offered very little opportunity for any type
of room addition
• Granting this variation would not alter the essential character of the neighborhood