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S-1202 - 08/14/2007 - ZONING - Ordinances Supporting Documents• ITEM 6.I. I AGENDA ITEM Regular Board of Trustees Meeting of August 14, 2007 SUBJECT: Sawlani- Wendell - Variation FROM: Peter M. Friedman, Acting Village Attorney BUDGET SOURCE/BUDGET IMPACT: None RECOMMENDED MOTION: I move for passage of Ordinance S -1202, An Ordinance Granting a Side Yard Variation From The Provisions Of Section 13- 6A -3F.2 of Title 13 (Zoning Regulations) Of The Village Code Of The Village Of Oak Brook. Background /History: Per recommendation of the Zoning Board of Appeals, the President and Board of Trustees have directed the Acting Village Attorney to draft this Ordinance which requests a variation from the provisions of Section 13- 6A -3F.2 to the owners of the subject property for a reduction in the required thirty feet (30') side yard to approximately eighteen feet (18') for the property located at 708 Deer Trail Lane. This variation is requested in order to permit an addition to the existing single - family home. Recommendation: I recommend that Ordinance S -1202 be considered for passage. UV 7v� 1� OF 044. P �9 � f � o y G r A 9 � �OUNT� Village of 0A Brook 1200 Oak Brook Road Oak Brook, IL 60523 -2255 Website www.oak - brook.org Administration 630 368 5000 FAX 630 368 5045 Community Development 630 368 5101 FAX 630 368 5128 Engineering Department 630 368 5130 FAX 630 368 5128 Fire Department 630 368 5200 FAX 630 368 5250 Police Department 630 368 8700 FAX 630 368 8739 Public Works Department 630 368 5270 FAX 630 368 5295 Oak Brook Public Library 600 Oak Brook Road Oak Brook, IL 60523 -2200 630 368 7700 FAX 630 368 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 v. rz, — ox D November 1, 2007 A.W. Wendell & Sons 1121 Warren Avenue, Suite 140 Downers Grove, IL 60515 Re: Recorded Document on August 29, 2007 ORDINANCE 2007- ZO- V- S- 1202/R2007- 160560 708 Deer Trail Lane Oak Brook, IL 60523 For Dr. & Mrs. Sawlani Dear Sirs: A copy of the above noted recorded document is enclosed for your information. This is an important record and should be retained in a secure area within your files. If you need any further assistance in this matter, feel free to contact me at 630- 368 -5056 on Monday through Friday from 9am to 5pm. Sincerely, Linda M. Andrys Records Management Clerk /lma Enclosure cc: Dale L. Durfey, Jr., Village Engineer Robert L. Kallien, Jr., Director of Community Development Official Files V AD 5 -�20Z /RECDOC /2007- RECLTR -ORD 2007- ZO -V -S- 1202- SAWLANI-708 DEER TRAIL LN FRED BUCHOLZ p11PPGE COUNTY RECORDER AUG 29,2007 3:34 PM OTHER 5 PAGES N2007� 1605fi0 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523 -2255 RECORDED DOCUMENT TITLE PAGE Title of Document ORDINANCE 2007- ZO -V -S -1202 AN ORDINANCE GRANTING A SIDE YARD VARIATION FROM THE PROVISIONS OF SECTION 13 -6A -3F 2 OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK Property Address /es 708 DEER TRAIL LANE (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 ) OAK BROOK, IL 60523 Pin Number /s 06 -35- 206 -007 Name & Address of Applicant: Dr & MRS. SAWLANI BY A.W.WENDELL & SONS INC 708 DEER TRAIL LANE, OAK BROOK, IL 60523 Name & Address of Responsible A.W.WENDELL & SONS INC FOR DR. & MRS SAWLANI Party to Receive Copy of 1121 WARREN AVE., STE. 140 Recorded Document and Billing: DOWNERS GROVE, IL 60515 G/L Account # to be Charged: 10 -1365 Prepared By. Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Name & Address of Recipient of Consideration (when applicable): G/L Account # to be Charged: N/A Return T Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523+ ORDINANCE 2007- ZO -V -S -1202 AN ORDINANCE GRANTING A SIDE YARD VARIATION FROM THE PROVISIONS OF SECTION 13- 6A -3F.2 OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK (708 Deer Trail Lane, Oak Brook, Illinois 60523, P I N 06 -35- 206 -007) WHEREAS, Dr Narain Sawlani ( "Owner') is the owner of the single family home located on the property commonly known as 708 Deer Trail Lane, Oak Brook, Illinois ( "Property'), which Property is located in the Village's R -1 Single Family Detached Residential District and legally described in Section 6 of this Ordinance; and WHEREAS, A.W Wendell & Sons, Inc. ( "Applicant") has filed an application on behalf of Owner requesting a variation from Section 13 -6A -3F 2 (Lot Area Requirements /Yards /Side) of Title 13 (Zoning Regulations) of the Village Code to allow a reduction of the required side yard from 30 feet to 18 feet in order to construct an addition to the existing single- family home on the Property, and WHEREAS, a public hearing on the application was conducted by the Zoning Board of Appeals of the Village of Oak Brook on June 25, 2007, pursuant to due and appropriate legal notice; and WHEREAS, the Zoning Board of Appeals made explicit findings of fact that the variation requested conforms to the standards set forth in Sections 13 -14 -6D and 13- 6A -3F.2 of the Village Code; and WHEREAS, the Village President and Board of Trustees concur with the recommendations and findings made by the Zoning Board of Appeals. NOW, THEREFORE, BE 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 recitals are incorporated into, and made a part of, this Ordinance as the findings of the Village President and Board of Trustees Section 2 A public hearing to consider the application was duly advertised on or before June 7, 2007 in the Daily Herald, and was held by the Village of Oak Brook Zoning Board of Appeals on June 25, 2007 On June 25, 2007, the Zoning Board of Appeals recommended approval of the requested variation Section 3 A variation is hereby granted from the provisions of Section 13 -6A -3F 2 of the Village Code of the Village of Oak Brook to permit construction of an addition to the existing single - family home on the Property and allow a reduction of the required side yard along a street to approximately 18 feet. Section 4: Construction of the addition to the single- family home on the Property is to be in substantial conformance with the site plan on page L and the Elevations (dated March 23, 2007, by A W Wendell and Sons) on page N of the case file. Section 5 The single - family home on the Property shall comply at all times with all applicable federal, state and Village statutes, ordinances, resolutions, rules, codes, and regulations, including building, electrical, and fire prevention codes Notwithstanding the exhibits contained in the case file, the Ordinance 2007- ZO -V -S -1202 Granting Var Side Yard Setback (Sawlani- Wendell — 708 Deer Trail Ln Oak, Brook, IL 60523, 06 -35- 206 -007) Page 2 of 3 Property shall be in compliance with all Village ordinance requirements in the building permit process except as specifically varied or waived Section 6: This Ordinance is limited and restricted to the property known as 708 Deer Trail Lane, Oak Brook, Illinois, which property is legally described as follows, LOT 59 IN HUNTER TRAILS BEING A SUBDIVISION OF PART OF LOT 1 IN OLD OAK BROOK ASSESSMENT PLAT NO. 1, OF PART OF THE NORTH HALF OF SECTION 35, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 1, 1975, AS DOCUMENT NO R75 -32184 AND SUBJECT TO THE CERTIFICATE OF CORRECTION RECORDED OCTOBER 31, 1975 AS DOCUMENT NO. R75- 60106,IN DU PAGE COUNTY, ILLINOIS PERMANENT INDEX NUMBER 06 -35- 206 -007 Section 7- All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of the conflict Section 8' Upon failure or refusal of the Applicant or Owner, or any of their officers, employees, or agents, to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the variation granted in this Ordinance shall, at the sole discretion of the President and Board of Trustees of the Village, by ordinance duly adopted, be revoked and become null and void. Section 9- The privileges, obligations and provisions of each and every section of this Ordinance are for and shall inure to the benefit of and shall run with and bind the Property, unless otherwise explicitly set forth in this Ordinance. Section 10: Nothing in this Ordinance shall create, or shall be construed or interpreted to create, any third party beneficiary rights Section 11: This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. APPROVED THIS 14th day of August, 2007. John W Craig Villf age President r G PASSED THIS 14th day of August, 2007 Ayes' Trustees Carson, Kennedy Manofsky, Sanford and Woling Nays. None Absent- Trustee Saived r 1 �► WA �L O ..7 tiH 9 e0u14T . Ordinance 2007- ZO -V -S -1202 Granting Var Side Yard Setback (Sawlani- Wendell — 708 Deer Trail Ln Oak, Brook, IL 60523, 06 -35- 206 -007) Page 3 of 3 ATTEST: Charlotte K Pruss Village Clerk STATE OF ILLINOIS ) SS COUNTIES OF COOK AND DUPAGE ) I, Charlotte K. Pruss, do hereby certify that I am the duly elected and acting Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois I DO FURTHER CERTIFY that on August 14, 2007 , the corporate authorities of the above municipality passed and approved Ordinance 2007- ZO -V -S -1202, AN ORDINANCE GRANTING A SIDE YARD VARIATION FROM THE PROVISIONS OF SECTION 13- 6A -3F.2 OF TITLE 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK (708 Deer Trail Lane, Oak Brook, Illinois 60523, P I.N. 06 -35- 206 -007) I DO FURTHER CERTIFY that the original document, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties, Illinois. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 20th day of August, 2007 r tea` ��'�' �(,•,,� M -f s Cr S1 �' Charlotte K. Pruss Village Clerk Village of Oak Brook DuPage and Cook Counties, Illinois