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S-1054 - 09/23/2003 - VARIATION - Ordinances Supporting DocumentsPGE OF 0AKe0 0 0 VILLAGE OF OAK BROOK Village Board Transmittal Memorandum COUNS�' DATE: September 18, 2003 SUBJECT: Warner Variation — 26 Baybrook Lane FROM: Kenneth T. Kubiesa, Village Attorney RECOMMENDATION: That the Village Board pass, and the President approve, Ordinance 2003 -ZO -S- , as submitted herewith, authorizing the variation for the Warner property at 26 Baybrook Lane. At the last Village Board meeting, the Board accepted the positive recommendation made by the Zoning Board of Appeals with reference to this variation and directed the Village Attorney to prepare the ordinance implementing same. This would allow the installation of driveway gates at 26 Baybrook Lane. Memo 26 Baybrook Lane doc �� {�X MINUTES OF THE SEPTEMBER 23, 2003 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON OCTOBER 14, 2003. 1. CALL TO ORDER CALL TO ORDER The Regular Meeting of the Village Board of Trustees was called to order by President Quinlan in the Samuel E. Dean Board Room of the Butler Government Center at 7:35 p.m. The Pledge of Allegiance was given. 2. ROLL CALL- ROLL CALL Deputy Village Clerk Carol Harty called the roll with the following persons PRESENT: President Kevin M. Quinlan, Trustees Stelios Aktipis, George T Caleel, John W Craig, Elaine Miologos and Asif Yusuf ABSENT: Trustee Susan Chase Korin IN ATTENDANCE- Robert L. Kallien, Jr, Director of Community Development; Dale L. Durfey, Jr., Village Engineer, Darrell J. Langlois, Finance Director; James Bodony, Acting Fire Chief, Bruce F. Kapff, Director of Information Services & Purchasing; Ruth A. Martin, Library Director; Allen W. Pisarek, Police Chief, Bonnie Sartore, Bath & Tennis Club Manager and Kenneth T. Kubiesa, Village Attorney. 3 ANNOUNCEMENTS AND OPEN FORUM: ANNOUNCE Trustee Aktipis announced that Mr. Stephen Becker has resigned as President from the Civic Association and David Saxman will be the new president. He also encouraged residents to take part in this organization 4 APPROVAL OF MINUTES: MINUTES Motion by Trustee Craig, seconded by Trustee Miologos, to approve the Minutes of SPEC MTG - the Special Board of Trustees Meeting of September 8, 2003 as presented and 09 -08 -03 waive the full reading thereof. VOICE VOTE: Motion carried. Motion by Trustee Yusuf, seconded by Trustee Miologos, to approve the Minutes REGULAR MTG - 09 -09 -03 of the Regular Board of Trustees Meeting of September 9, 2003 as presented and waive the full reading thereof. VOICE VOTE: Motion carried. 5 CONSENT AGENDA: C AGENDA_ All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. VILLAGE OF OAK BROOK Minutes Page 1 of 7 September 23, 2003 i� 5 Trustee Miologos asked that item 5.G., Ratify Emergency Purchase Order — Sports Core Sled Hill Landscaping be removed for further discussion Motion by Trustee Caleel, seconded by Trustee Aktipis, to approve the Consent Agenda as amended ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Caleel, Craig, Miologos and Yusuf. Nays: 0 - None. Absent: 1 - Trustee Korn. Motion carved. A. APPROVAL OF BILLS - $602,115 31 Significant items included above: 1) DuPage Water Commission - $271,579.19 B. APPROVAL OF PAYROLL FOR PAY PERIOD ENDING SEPTEMBER 13, 2003 - $562,774 56 C. CHANGE ORDERS: None. D REFERRALS: 1) REQUEST TO WITHDRAW THAT PORTION OF CASE NO 2003-014 - TA RELATIVE TO DRIVEWAY GATES AND REFER VILLAGE OF OAK BROOK TEXT AMENDMENTS TO ZONING REGULATIONS — TITLE 13 OF THE MUNICIPAL CODE — CHAPTER 3 GENERAL ZONING PROVISIONS — DRIVEWAY GATES TO THE PLAN COMMISSION AND ZONING BOARD OF APPEALS APV BILLS - $602,115 31 PYRL- $562,774 56 CHNG ORDERS REFERRALS TXT AMNDMT -ZNG REG - CHAP 3 - DRVWY GATES 2) VILLAGE OF OAK BROOK — TEXT AMENDMENTS TO ZONING TXT AMNDMT -ZNG REG - REGULATIONS — TITLE 13 OF THE MUNICIPAL CODE — TREE TREE PRES PRESERVATION REFER TO THE PLAN COMMISSION AT THEIR OCTOBER 20 2003 MEETING AND TO THE ZONING BOARD OF APPEALS AT THEIR MEETING OF NOVEMBER 4, 2003 E. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE SK BDS, PROP, NEG CONTRCT CONTRACTS: None. F. ACCEPT AND PLACE ON FILE — TREASURER'S REPORT OF AUGUST, RPT - 0 08 -03 8-03 2003 G RATIFY EMERGENCY PURCHASE ORDER — SPORTS CORE SLED HILL EMERG PCH ORDER - SLED LANDSCAPING: Removed for further discussion HILL VILLAGE OF OAK BROOK Minutes Page 2 of 7 September 23, 2003 i 5 w H. JOHN G. STOB SUBDIVISION — REDUCTION IN SUBDIVISION SECURITY I. APPROVE PURCHASE OF AN INTEGRATED VIDEO AND COMPUTER SYSTEM STOB SUBDN - REDUCE SEC PURCH VIDEO /COMP SYSTEM J. ORDINANCE 2003 -PP -S -1053, "AN ORDINANCE AUTHORIZING THE ORD 03 -PP -S- 1053 - SL OF SALE OF CERTAIN PERSONAL PROPERTY OWNED BY THE VILLAGE PERS PROP OF OAK BROOK" K. /ORDINANCE 2003- ZO -V -S -1054, "AN ORDINANCE GRANTING A ORD 03 -ZO -v- .�� S -1054 - VAR VARIATION FROM THE PROVISIONS OF SECTION 13 -3 -14 OF TITLE ZNG ORD - 13 ( "ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE DRVwY GTES - 26 BAYBRK VILLAGE OF BROOK RELATIVE TO DRIVEWAY GATES — LN WARNER — 26 BAYBROOK LANE" L RESOLUTION 2003- SD -FP -R -859, "A RESOLUTION APPROVING THE RES 03- SD -FP- R- 859 -FNL PLT FINAL PLAT KNOWN AS PALUMBO'S RESUBDIVISION (407 & 409 - PALUMBO'S FOX TRAIL LN)" RESUB 407/409 FOX TRL LN M. ORDINANCE 2003- ZO -TA -G -730, "AN ORDINANCE AMENDING TITLE ORD 03- ZO -TA- G- 730-AMND 13 (ZONING REGULATIONS) OF THE VILLAGE CODE OF THE ZNG REG - VILLAGE OF OAK BROOK (STRUCTURE HEIGHTS AND YARDS IN STRUCR HGTS RESIDENTIAL DISTRICTS)" ITEMS REMOVED FROM CONSENT AGENDA: RMVD C AGNDA 5. G. RATIFY EMERGENCY PURCHASE ORDER — SPORTS CORE SLED HILL EMERG PURCH OF-DR, - SLED LANDSCAPING HILL Trustee Miologos asked that this item be continued to provide time to consider and obtain clarification. Motion by Trustee Miologos, seconded by Trustee Caleel, to table the action on the ratification of an emergency purchase order for the Sports Core sled hill landscaping to the next Village Board meeting. ROLL CALL VOTE. Ayes: 5 - Trustees Aktipis, Caleel, Craig, Miologos and Yusuf. Nays. 0 - None Absent. 1 - Trustee Korin. Motion carried. VILLAGE OF OAK BROOK Minutes Page 3 of 7 September 23, 2003 �t •r J.P. "RICK" CARNEY DUPRGE COUNTY RECORDER OCT 29,2003 3'12 PM OTHER 06 -28- 212 -006 005 PAGES H2O03- 417167 (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 2003- ZO -V -S -1054 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13 -3 -14 OF TITLE 13 ( "ZONING REGULATIONS ") OF THE VILLAGE CODE- OF THE VILLAGE OF OAK BROOK RELATIVE TO DRIVEWAY GATES (Warner - 26 Baybrook Lane, Oak Brook, IL 60523 / P.I.N. 06 -28- 212 -006) Property Address /es 26 BAYBROOK LANE OAK BROOK, IL 60523 (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 ) Pin /s Number 06 -28- 212 -006 Name & Address of Applicant SCOTT WEHRS, (TY, INC.) 280 CHESTNUT, WESTMONT, IL 60559 Name & Address of Responsible Party to Receive Recorded Document and Billing: G/L Account # to be Charged SCOTT WEHRS, (TY, INC.) 280 CHESTNUT WESTMONT, IL 60559 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 Return To- Village of Oak Brook 1200 Oak Brook Road N/A [ Oak Brook, Illinois 60523 ORDINANCE 2003- ZO -V -S -1054 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13 -3 -14 OF TITLE 13 ( "ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO DRIVEWAY GATES (Warner - 26 Baybrook Lane, Oak Brook, IL 60523 / P.I.N. 06 -28- 212 -006) 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, Ty Warner ( "Petitioner ") is the owner of certain property legally described as follows: LOT 60 IN GINGER CREEK, BEING A SUBDIVISION OF PARTS OF SECTIONS 27 AND 28, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 30, 1980 AS DOCUMENT 9920575 IN DUPAGE COUNTY, ILLINOIS. P.I.N. 06 -28- 212 -006 commonly known as 26 Baybrook Lane, Oak Brook, Illinois ( "Subject Property "); and WHEREAS, the Subject Property is less than one acre and does not abut a thoroughfare and the zoning regulations do not permit the installation of a driveway gate on a property that is less than one acre and does not abut a thoroughfare; WHEREAS, the Petitioner has submitted a petition for variation to allow the installation of driveway gates on the Subject Property, WHEREAS, the Petitioner has offered to remove the gates upon the sale of the property =_ or upon moving from the property and has agreed to a deed restriction requiring the removal of the gates if the Petitioner sells the property or if the Petitioner no longer resides at the property; WHEREAS, on August 5, 2003, 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 Ordinance 2003- ZO -V -S -1054 Variation regarding driveway gates Page 2 of 3 (Warner) Brook, Illinois in connection with the aforesaid petition, after due notice and appropriate legal notice was given; 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, as follows: (1) that the Petitioner has satisfied the standards for variations required by the Zoning Ordinance; and (2) that the Petitioner has demonstrated unique circumstances; and (3) that the hardship of the Petitioner is not of his own making; WHEREAS, the Zoning Board of Appeals recommended approval of the requested variation; WHEREAS, the Village President and Board of Trustees concur with the findings and recommendations made by the Zoning Board of Appeals; WHEREAS, all applicable requirements of Section 13 -14 -6 of the Village Code relating to the granting of variations to the Zoning Regulations have been met. NOW THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois as follows: SECTION 1. That the recitals hereto are incorporated as part of this ordinance. SECTION 2. That a variation to Section 13- 3 -14(A) of the Zoning Regulations of the Oak Brook Code is hereby granted to permit the installation of driveway gates on the Subject Property subject to the following conditions: a) that the gates be constructed in conformance with the plans prepared by Matocha Associates, dated July 3, 2003, and entered into evidence for consideration by the Zoning Board of Appeals, and b) that petitioner executes an agreement, within thirty (30) days of the date that this ordinance is passed, restricting the Subject Property that the gates will be removed from the Subject Property if Petitioner sells the property or no longer resides at the property, and c) that the existing dense landscaping be maintained in its current condition such that the gates will be very unobtrusive and minimally visible from Baybrook Lane. 2 P Ordinance 2003- ZO -V -S -1054 Variation regarding driveway gates Page 3 of 3 (Warner) SECTION 3. That this Ordinance is limited and restricted to the property commonly known as 26 Baybrook Lane, Oak Brook, Illinois, P.I.N. 06 -28 -212 -006. SECTION 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby amended to the extent of the conflict. SECTION 5. This ordinance shall be in full force and effect after passage and publication according to law. Approved this 23rd day of September, 2003. Passed this 23rd day of September, 2003. Ayes: Trustees Aktipis, Caleel, Craig, Miologos and Yusuf Nays: None Absent: Trustee Korin Abstain: None ATTEST: [// /CJC [,.- 4 • / �� illage Clerk re"f / oc?f � i" F 49 �* ' . e1 STATE OF ILLINOIS ) SS. COUNTIES OF COOK AND DUPAGE ) I, Linda K. Gonnella, do hereby certify that I am the duly elected and acting Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois. I DO FURTHER CERTIFY that on September 23, 2003 . the corporate authorities of the above municipality passed and approved Ordinance 2003- ZO -V -S -1054 _ AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13 -3 -14 OF TITLE 13 ( "ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO DRIVEWAY GATES (Warner - 26 Baybrook Lane, Oak Brook, IL 60523 / P.I.N. 06 -28 -212 -006) I DO FURTHER CERTIFY that the original documents, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same. I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties, Illinois. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 22nd day of October , 20 03. Linda . Gonnella, CMC Village Clerk Village of Oak Brook DuPage and Cook Counties, IL s ��v� a aAk 8� d• F.— - 6nb S—/05y b c7 G f O Cf�atlNTy VILLAGE OF OAK BROOK Interoffice Memorandum DATE: November 3, 2003 TO: Richard B Boehm Kenneth T Kubiesa Linda K Gonnella Dale L Durfey Robert L Kallien Alice Filmovich FROM: Linda Andrys SUBJECT: Recorded Documents The following documents were recorded on October 29, 2003 1 ORDINANCE 2003- ZO -V -S -1054 Scott Wehrs, (Ty, Inc ) 26 Baybrook Lane, Oak Brook, IL 60523 R2003- 417167 Recording Fee $19 00 G /L# to be Charged 10 -1365 2 LETTER OF AUGUST 18, 2003 TO MR JAMES MIRABILE FROM JIM BOSMA, ENGINEERING DEPARTMENT RE RETAINING WALL (OBJECT) WITHIN EASEMENT 608 Lakewood Court, Oak Brook, IL 60523 R2003- 417168 Recording Fee $18 00 G /L# to be Charged 10 -1365 3 LAWN SPRINKLER SYSTEM COVENANT RUNNING WITH LAND Lisa M Smith 4 Croydon Lane, Oak Brook, IL 60523 R2003- 417169 Recording Fee $18 00 G /L# to be Charged 10 -1365 4 LAWN SPRINKLER SYSTEM COVENANT RUNNING WITH LAND Matthew Miller - 5 Regent Drive, Oak Brook, IL 60523 R2003- 417170 Recording Fee $18 00 G /L# to be Charged 10 -1365 5 LAWN SPRINKLER SYSTEM COVENANT RUNNING WITH LAND Victor Ciardelli 34 Baybrook Lane, Oak Brook, IL 60523 R2003- 417171 Recording Fee $18 00 G /L# to be Charged 10 -1365 /RECDOC /2003- RECMEMO -11 -03 doc03 P Bq G r O 2 COUNT \ � Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 -2255 WVbsite www oak- brook.org Administration 630 990 3000 FAX 630 990 0876 Community Development 630 990 3045 FAX 630 990 3985 Engineering Department 630 990 3010 FAX 630 990 3985 Fire Department 630 990 3040 FAX 630 990 2392 Police Department 630 990 2358 FAX 630 990 7484 Public Works Department 630 990 3044 FAX 630 472 0223 Oak Brook Public Library 600 Oak Brook Road Oak Brook, IL 60523 -2200 630 990 2222 FAX 630 990 4509 Oak Brook Sports Core Bath & Tennis Club 700 Oak Brook Road Oak Brook, IL 60523 -4600 630 990 3020 FAX 630 990 1002 Golf Club 2606 York Road Oak Brook, IL 60523 -4602 630 990 3032 FAX 630 990 0245 c� • F. Orin s S-10514 January 8, 2004 Ty, Inc. Attention: Mr. Scott Wehrs 280 Chestnut Avenue Westmont, Illinois 60559 Re: Recorded Document on October 29, 2003 ORDINANCE 2003- ZO -V -S -1054 26 Baybrook,Lane Oak Brook, IL 60523 R2003- 417167 Dear Mr. Wehrs: 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- 990 -5770 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/ ORD 5-IOSS{ /RECDOC /2003- RECLTR- ORD- ZO -V -S- 1054 -26 BAYBROOK Message Linda Andrys From: Linda Andrys Sent: Tuesday, February 20, 2007 6:41 PM To: Donna Bettin Cc: Barb Gosselar Subject: Follow Up- Warner Gates Page 1 of 1 Atty. Gosselar asked me to advise you that she checked with the attorney for Mr. Warner about the covenant for the gates. Apparently, there was possibly some drafting of a document for this issue. Barb is going to review this situation with Atty. Kubiesa and get back to us. Linda Andrys Records Management Clerk Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 -2255 (630) 368 -5056/ Fax: (630) 990 -5824 Email: landrys @oak- brook.org "This communication, along with any documents, files or attachments, is intended only for the use of the addressee and may contain legally privileged and confidential information. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of any information contained in or attached to this communication is strictly prohibited. If you have received this message in error, please notify the sender immediately and destroy the original communication and its attachments without reading, printing or saving in any manner. This communication does not form any contractual obligation on behalf of the sender or the Village of Oak Brook and, when applicable, the opinions expressed here are my own and do not necessarily represent those of the Village. " 2/20/2007 11�N"• 1 i� �li��'ia� • Linda M. Andrys Records Management Clerk Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 -2255 TELEPHONE: (630) 368 -5056 FAX: (630) 368 -5042 FACSIMILE TRANSMISSION TO: Atty. Barb Gosselar /630 -516 -1800 DATE: ' 2 -22 -07 COMPANY: Kubiesa, Spiroff, Gosselar & Acker, P.C. FAX: 630 -516 -1808 Number of pages in this transmission (including this page): (6) As you requested, I am faxing recorded Ordinance 2003- ZO -V -S -1054 to you. CONFIDENTIAL The information contained in this facsimile transmission is intended only for the use of the entity named above and those properly entitled to access of the information. This document may contain information that is privileged, confidential, and /or exempt from disclosure under applicable law. If the reader of this transmission is not the intended or authorized recipient, you are hereby notified that any unauthorized distribution, dissemination, or duplication of this transmission is prohibited. If you have received this transmission in error, please immediately notify us by telephone or facsimile at the numbers listed. Thank you. TRANSMISSION VERIFICATION REPORT TIME : 02/2212007 11:52 NAME : VILLAGE OF OAK BROOK FAX : 6303685042 TEL : 6303685042 SER.# : BROF4J632590 DATEJIME 02122 11:50 FAX NO./NAME 95161808 DURATION 00:01:49 PAGE(S) 06 RESULT OK MODE STANDARD ECM - - b1jPArxE CQUnTY RtUvnucn OCT M29 2003 3:12 PM OTKER � a-n-2 2-006 0,05 PAGES 82003 - 417167 (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 2003-ZO-V-S-1 054 AN ORDINANCE Q0 At" % FROM THE PROVISIONS OF SECTION 13 -3 -14 OF TITLE 1 REGULATIONS OF VILLAOE RELATIVE V �EW A GATES Y W�a, n e �r- � CODE OF 1-tit VILLAGE OF OAK r . :A:f:W�E T�QQ�R 26 Ba brook Lane Oak Brook IL 60523 / P.I.N. 06-28-212 LAND OAK BROOK IL 60.r-)q Property Address /es (if vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523,) Pin/s Number _06-28-21_2-006 280 CHEST 66559 IT IL Name & Address of Applicant SCOTT WEH-RS.4-(1Y,-1t Name & Address of Responsible SCOTT VVEHRS (TY INC Party to Receive Recorded 30559 Document and Billing" G/L Account # to be Charged 10 -1365 Prepared By: Return To- Village of Oak Brook 1200 Oak Brook Road 12 ad Oak Brook ®ak Brook Illinois 60523 _Illinois 60523 Name & Address of Recipient N/A of Consideration (when applicable): G/L Account # to be Charged ORDINANCE 2003 -ZO -VMS- 1054 . AN ORDINANCE GRANTING .A VARIATION FROM THE PROVISIONS OF SECTION I3 -3 -14 OF TITLE 13 CIZONING RE, GULA.TIONS ") OF THE VILLAGE COTE OF THE VILLAGE OF OAR BA00 K RIELA.TIVE TO DRIVEWAY GATES (Warner - 26 Raybroot Lane, Oak Brook, IL 60523 / P.I.N. 06 -28- 212 -006) WHEREAS, il•ae Vi.l,lage of Oak Brook has heretofore adopted an ordinance setting forth the Zonixag Regulations for tlae Village of Oak Brook in Title 13 of the Village Code; and WHEREAS, Section 13-14-6 of tlae Village Code sets forth the authority and standards of the granting of vaiiations to the Zoning Regulations; WHEREAS, Ty Warier (" Petitioner") is the owner of certain property legally described as follows: LOT 60 IN GINGER. CREEK, BEING A.. SUBDIVISION OF PARTS OF SECTIONS 27 AND 28, TOWNSHIP 39 NORTH , RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORD - ED DECEMBER 30, 1980 AS DOCUMENT 992057, TN DUPA.GE COUNTY, ILLINOIS. P.T.N. 06 -28 -212 -006 commonly kaiown as 26 Baybrook ,Lane, Oak Brook, Illinois (*`Subject Property "); and WHEREAS, the Subject Property is less than one acxe and does not abut a thoroughfare and the zoz-111ig regulations do not permit the insta11360r1 of ,a driveway gate on a property that is less than one acre and does not abut a thorou.gbfare; WHEREAS, the Petitioner has subinitted a petition for variation to allow the installation of d6veway gates on the Subject Property, WHEREAS, the Petitioner has offered to remove the gates upon the sale of the property -_ or upoaa moving from the property and has agreed to a deed restriction requiring the removal of the gates if the Petitioner sells the property or if the Petitioner no longer resides at the property; WHEREAS, on A..ugust 5, 2003, 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 FA Brook, Illiznois in eozvneetion with the a notice was given; Ordinance 2003- ZO -V -S- 1054 Variation regarding driveway gates Page 2 of 3 (Warner) esaid petition, after due notice and appropriate legal WHEREAS, the Zoning Board of �p peals specifically considered tlne standards set forth ID Sectiozn 13 -1.4 -6 (D) of the Village Coda and lnnade -the following findi r Ordinance 2003- ZO -V -S-1054 Variation regarding driveway gates Page 3 of 3 (Warner) SECTION 3 That tl-ds Ordinance is lilrited and restricted to the property corml aonly laaoWn as 26 F3aybroolc .Lane, Oak Brook, Illinois, P.I.N. 06-:28-212-006. 4BCTI0N 4. All ordinances or parts of ordinances In conflict with this ordinance are he,-eby amended. to the extent of the conflict. SECTI ON 5. This Ordinance shall be in full force and effect after passage and publication according to lave. Approved this 23rd day of September, 2003. Villa,g6 President Passed this 23'6 day of September, 2003. Ayes: Trustees Aktipis, Calee1, Craig, Miologos and Yusuf Ay Nays: None Absent: �xu ee or7 n - Abstain: None ATTEST: age Clerk 3 A STATE OF ILLINOIS � SSp COUNTIES OF COOK AND DIJPAGE j I Linda K, Gonnella, do hereby certify that I am the duly elected and acting Village Clerk of the Village of Oak Brook, liu�'age and hook bounties, Illinois. I Do FURTHER CERTIFY that on September 2 3 , 2003 ,the corporate authorities of the above municipality passed and approved Ordinance 2003-7O -V-S -1-054 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13 -3--14 OF TITLE 13 ("ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO DRIVEWAY, GATES (Warner -- 26 Baybrook Lane, Oak Brook, IL 60523 / P,I.N, 06-28 -23.2 1 -006) I DO F1—JR HER CERTIFY that the original documents, Of which the the annexed copy is a true copy9 is entrusted. to any cage for safekeeping and I am 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, Wage and Cook Counties, Illinois. IN WITNESS WHEREOF I have hereunto set any hand affixed the corporate seal of the Village of Oak Brook this 22nd day of October , CO U WTI L 1 nda- . C�onnella, CMC Village Clerk Village of Oak Brook DuJPage and Cook C:'OuntieS, IL PG�Of 0AA- SHIPPED FEB 22 2007 0 0 CF OOUNI '`� VILLAGE OF OAK. BROOK Interoffice Memorandum TO: VILLAGE PRESIDENT AND BOARD OF TRUSTEES FROM: RICHARD BOEHM, VILLAGE MANAGER SUBJECT: TY WARNER VARIATION FOR DRIVEWAY GATES DATE: FEBRUARY 23, 2007 There have been some questions raised recently regarding the Ty Warner Variation for Driveway Gates at 26 Baybrook Lane Ordinance /Covenant that was done in October of 2003. I have attached a copy of the ordinance and a response from our Attorney's office regarding the documents. It appears the Ordinance is in place and was recorded with DuPage County thereby placing the certain conditions on the title of the property should the petitioner sell the property or no longer resides at the property. We -have not been able to locate a signed covenant which is being handled by our Attorneys; as you will see in the attached, the Ordinance is legal and binding above all agreements. Memo -BOT - blank.doc Law Offices KUBIESA, SPIROFF, GOSSELAR &. ACKER, P.C. 533 WEST NORTH�AVENUE; SUITE 204 ELMHURST, ILLINOIS 60126 TELEPHONE (630) 516 -1800 FAX (630) 516 -1808 MEMOR.ANDU'M TO: Richard,Boehm, Village Manager FROM: Kenneth-,Kubiesa, Village Attorney DATE: February 22,'2007 RE: Ty Warner Variation for Driveway Gates 26 Baybrook Lane I have reviewed the file concerning the variation granted to Ty Warner for driveway gates at 26 Baybrook Lane, and I have determined the following: 1. Ordinance 2003- ZO -V -S -1054; "An Ordinance Granting a Variation from the Provisions of Section 13 -3 -14 of Title 13 ( "Zoning Regulations ") of the Village Code of the Village of Oak Brook Relative to Driveway Gates (Warner -- 26 Baybrook Lane, Oak Brook IL 60523/P.I.N. 06 -28- 212 - 006) ", was passed and approved on September 23, 2003, and recorded on October 29, 2003. Section 2 of the Ordinance specifically provides as follows: SECTION 2. That a variation to Section 13- 3 -14(A) of the Zoning Regulations of the Oak Brook Code is hereby granted to permit the installation of driveway gates on the Subject Property subject to the following conditions:.. . b) that petitioner executes an agreement within thirty (30) days of the date that this ordinance is passed, restricting the Subject Property that the gates will be removed from the Subject Property if Petitioner sells the property or no longer resides at the property.... This Ordinance binds the Petitioner /Owner to its requirements, including the requirement to execute and abide by such an agreement, and remove the gates if the Petitioner /Owner sells the property or no longer resides at the property. In effect, if an agreement is not executed, or if the gates are not removed when required, the variation could be deemed-voided, and the Village could require the removal of the gates. 2. Notwithstanding the recording of Ordinance 2003- ZO -V -S -1054, and its binding and enforceable effect on the Petitioner/Property Owner, this office has prepared, and transmitted to the Petitioner's representative for execution, an "Agreement for Restrictive Covenant for Driveway;, Gates on ;the Property at 26 Baybrook Lane, Oak Brook, Illinois, P.I.N. #06 -28- 212 - 006", and a "Declaration of Restrictive Covenant ". Upon receipt of these executed documents, they will also be recorded. Although it is my opinion that, these documents do not significantly add to the obligations of the Petitioner/Property Owner with respect to the removal of the gates if the Subject Property is sold or he no longer resides at the Subject Property, they will serve to provide a modicum of additional protection to the Village of Oak Brook in enforcing these obligations. I trust that this opinion will lay to rest any concern or controversy regarding the obligations of the Petitioner /Owner with respect to the gate installed pursuant to the variation granted under Ordinance 2003- ZO -V -S -1054. If there are further questions, please feel free to ask. 2 &A Kubiesa, Spzroff, Gosselar & Acker P.C. Law Offices March 2, 2007 Scott Wehrs, Esq. Ty, Inc. 280 Chestnut Westmont, IL 60559 Re: Variation for Driveway Gates Ty Warner 26 Baybrook Lane, Oak Brook, IL 60523 Dear Mr. Wehrs: 533 West North Avenue, Ste. 204 Elmhurst, Illinois 60126 PHONE (630) 516 -1800 FAX (630) 516 -1808 E -MAIL: thefirm< «%ksgalawcom www.ksgalaw.com On December 20, 2006, I sent you a copy of Ordinance 2003- ZO -V -S -1054, "An Ordinance Granting a Variation from the Provisions of Section 13 -3 -14 of Title 13 ( "Zoning Regulations ") of the Village Code of the Village of Oak Brook Relative to Driveway Gates" (tile "Ordinance "), which granted a variation for an entrance gate at the Warner residence at 26 Baybrook Lane, Oak Brook, IL, 6052' ). By your agreement, as representative of the Petitioner, Section 2(b) of the Ordinance conditioned approval of the variation on execution of an agreement by the petitioner, within thirty (30) days of the date that the Ordinance was passed, restricting the Subject Property so that the gates will be removed if the petitioner sells the property or no longer resides at the property. As I indicated in our telephone conversation last week, the Village of Oak Brook is currently unable to locate a copy of the executed agreement in its files. Apparently, your files also do not include an executed copy of the agreement and covenant forwarded to you by one of the Village's attorneys in 2003. We agreed that I would forward a copy of the agreement and covenant to you, and that you would arrange to have Mr. Warner execute them. Enclosed are an agreement and declaration for Mr. Warner's signature. Once executed, please return the executed originals to me for recording. Thank you for your cooperation in this matter. Enclosure CC. Kenneth Kubiesa Richard Boehm Linda Andrys Sincerely, �.. :�� /o- Barbara J. Gosselar Cie�., Assistant Village Atto Village of Oak Brook AGREEMENT REGARDING RESTRICTIVE COVENANT FOR DRIVEWAY GATES ON THE PROPERTY AT 26 BAYBROOK LANE, OAK BROOK, ILLINOIS PIN# 06.28 -212 -006 And DECLARATION OF RESTRICTIVE COVENANT Prepared by and Mail To: Barbara J. Gosselar Kubiesa, Spiroff, Gosselar & Acker, P,C. 533 West North Avenue, Suite 204 Elmhurst, IL 60137 AGREEMENT REGARDING RESTRICTIVE COVENANT FOR DRIVEWAY GATES ON THE PROPERTY AT 26 BAYBROOK LANE, OAK BROOK, ILLINOIS PIN# 06- 28- 212 -006 THIS AGREEMENT is made this day of , 2007, by and between the Village of Oak Brook., Illinois, an Illinois municipal corporation (the "Village "), and Ty Warner, an individual and property owner in the Village, WITNESSETH: WHEREAS, on July 14, 2003, Ty Warner, the owner of the property at 26 Baybrook Lane, Oak Brook, Illinois (the "Subject Property "), petitioned the Village for a zoning variation to install driveway gates on the Subject Property; and WHEREAS, on September 23, 2003, the Village approved Ordinance 2003- ZO -V -S- 10541 "AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13 -344 OF TITLE 13 ( "ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO DRIVEWAY GATES" (the "Variation Ordinance "), by which the Village granted a variation from its zoning regulations allowing driveway gates to be installed on the Subject Property, subject to the condition that Ty Warner execute an agreement, within thirty (30) days of September 23, 2003, restricting the Subject Property that the gates will be removed from the Subject Property if petitioner sells the property or no longer resides at the property; and WHEREAS, the Variation Ordinance was recorded with the DuPage County Recorder of Deeds on October 29, 2003 as Document No. R2003- 417167, NOW, THEREFORE, in consideration of the approval of the requested variation, Ty Warner hereby agrees as follows: 1. To remove the gates fi-om the Subject Property if he sells the property or no longer resides at the property; and 2. To execute the "Declaration of Restrictive Covenant" attached hereto as Exhibit "A" (the "Declaration "), which shall be recorded by the Village as a restriction on the title of the Subject Property. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. VILLAGE OF OAK BROOK TY WARNER 0 Jeffrey Moline Acting Village Manager Exhibit A DECLARATION OF RESTRICTIVE COVENANT WHEREAS, on July 14, 2003, Ty Warner, the owner of the property at 26 Baybrook Lane, Oak Brook, Illinois, petitioned the Village of Oak Brook (the "Village ") for a zoning variation to install driveway gates on such property, which is legally described as follows: Lot 60 in Ginger Creek, being a subdivision of parts of Sections 27 and 28, Township 39 North, Range 11, East of the Third Principal Meridian, according to the Plat thereof recorded December 30, 1980, as Document 992057, in DuPage County, Illinois. PIN# 06 -28 -212 -006 (the "Subject Property"); and WHEREAS, on September 23, 2003, the Village approved Ordinance 2003- ZO -V -S- 1054, "AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13 -3 -14 OF TITLE 13 ( "ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO DRIVEWAY GATES" (the "Variation Ordinance "), by which the Village granted a variation from its zoning regulations allowing driveway gates to be installed on the Subject Property, subject to the condition that Ty Warner executes an agreement, within thirty (30) days of September 23, 2003, restricting the Subject Property that the gates will be removed from the Subject Property if petitioner sells the property or no longer resides at the property; and WHEREAS, the Variation Ordinance was recorded with the DuPage County Recorder of Deeds on October 29, 2003 as Document No. R2003- 417167; and WHEREAS, Ty Warner is the record owner of the Subject Property and has agreed to place a restriction upon on the title of the Subject Property requiring the removal of the driveway gates upon the sale of the Subject Property or if he no longer resides at the Subject Property, NOW, THEREFORE, the Owner, Ty Warner, does hereby declare and covenant as follows: 1. That the driveway gates installed on the Subject Property pursuant to the Variation Ordinance, will be removed upon the sale of the Subject Property, or if Ty Warner no longer resides at the Subject Property. 2. That this Declaratibn of Restrictive Covenant shall run with the land and be binding on the successors and assigns of Ty Warner. f IN WITNESS WHEREOF, Ty Warner has, as Owner, executed this Declaration of Restrictive Covenant this day of , 2007. OWNER: TY WARNER State of Illinois ) } County of DuPage ) I, , a Notary Public in and for the County and State aforesaid, do hereby certify that Ty Warner is a person known to me, and that he appeared before me this day of , 2007, and acknowledged that he personally executed this instrument. Notary Public Law Offices KUBIESA, SPIROFF, GOSSELAR, & AC]KER, P.C. 533 WEST NORTH AVENUE, SUITE 204 - ELMHURST, ILLINOIS 60126 TELEPHONE (63 0) 516 -1800 FAX (630) 516 -1808 MEMORANDUM TO: Jeff Moline Bob Kallien Linda Andrys Rose Kane FROM: Barbara Gosselar DATE: March 21, 2007 RE: Recorded Ty Gate Agreement Enclosed is a copy of the Agreement Regarding Restrictive Covenant for Driveway Gates on the Property at 26 Baybrook Lane, Oak Brook, Illinois and Declaration of Restrictive Covenant, which our office recorded on March 20, 2007. The document is stamped with the Recorder's number and date of recording. In due course, I will receive the original recorded document from the Recorder's Office, and I will forward the original to you for your official files. Please feel free to call with any questions. ' r AGREEMENT REGARDING RESTRICTIVE COVENANT FOR DRIVEWAY GATES ON THE PROPERTY AT 26 BAYBROOK LANE, OAK BROOK, ILLINOIS PIN# 06 -28 -212 -006 And DECLARATION OF RESTRICTIVE COVENANT Prepared by and Mail To: Barbara J. Gosselar Kubiesa, Spiroff, Gosselar & Acker, P.C. 533 West North Avenue, Suite 204 Elmhurst, IL 60137 AGREEMENT REGARDING RESTRICTIVE COVENANT FOR DRIVEWAY GATES ON THE PROPERTY AT 26 BAYBROOK LANE, OAK BROOK, ILLINOIS PIN# 06 -28- 212 -006 THIS AGREEMENT is made this L% day of .L, , 2007, by and between the Village of Oak Brook, Illinois, an Illinois municipal corporation (the "Village "), and Ty Warner, an individual and property owner in the Village, WITNESSETH: WHEREAS, on July 14, 20031 Ty Warner, the owner of the property at 26 Baybrook Lane, Oak Brook, Illinois (the "Subject Property "), petitioned the Village for a zoning variation to install driveway gates on the Subject Property; and WHEREAS, on September 23, 2003, the Village approved Ordinance 2003- ZO -V -S- 10541 "AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13 -3 -14 OF TITLE 13 ( "ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO DRIVEWAY GATES" (the "Variation Ordinance "), by which the Village granted a variation from its zoning regulations allowing driveway gates to be installed on the Subject Property, subject to the condition that Ty Warner execute an agreement, within thirty (30) days of September 23, 2003, restricting the Subject Property that the gates will be removed from the Subject Property if petitioner sells the property or no longer resides at the property; and WHEREAS, the Variation Ordinance was recorded with the DuPage County Recorder of Deeds on October 29, 2003 as Document No. R2003- 417167, NOW, THEREFORE, in consideration of the approval of the requested variation, Ty Warner hereby agrees as follows: 1. To remove the gates from the Subject Property if he sells the property or no longer resides at the property; and 2. To execute the "Declaration of Restrictive Covenant" attached hereto as Exhibit "A" (the "Declaration "), which shall be recorded by the Village as a restriction on the title of the Subject Property. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. VI3ing OAK BROOK TY WARNER By oline Village Manager Exhibit A DECLARATION OF RESTRICTIVE COVENANT WHEREAS, on July 14, 2003, Ty Warner, the owner of the property at 26 Baybrook Lane, Oak Brook, Illinois, petitioned the Village of Oak Brook (the "Village ") for a zoning variation to install driveway gates on such property, which is legally described as follows: Lot 60 in Ginger Creek, being a subdivision of parts of Sections 27 and 28, Township 39 North, Range 11, East of the Third Principal Meridian, - according to the Plat thereof recorded December 30, 1980, as Document 992057, in DuPage County, Illinois. PIN# 06 -28 -212 -006 (the "Subject Property "); and WHEREAS, on September 23, 2003, the Village approved Ordinance 2003- ZO -V -S- 1054, "AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13 -3 -14 OF TITLE 13 ( "ZONING REGULATIONS ") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO DRIVEWAY GATES" (the "Variation Ordinance "), by which the Village granted a variation from its zoning regulations allowing driveway gates to be installed on the Subject Property, subject to the condition that Ty Warner executes an agreement, within thirty (30) days of September 23, 2003, restricting the Subject Property that the gates will be removed from the Subject Property if petitioner sells the property or no longer resides at the property; and WHEREAS, the Variation Ordinance was recorded with the DuPage County Recorder of Deeds on October 29, 2003 as Document No. R2003- 417167; and WHEREAS, Ty Warner is the record owner of the Subject Property and has agreed to place a restriction upon on the title of the Subject Property requiring the removal of the driveway gates upon the sale of the Subject Property or if he no longer resides at the Subject Property, NOW, THEREFORE, the Owner, Ty Warner, does hereby declare and covenant as follows: 1. That the driveway gates installed on the Subject Property pursuant to the Variation Ordinance, will be removed upon the sale of the Subject Property, or if Ty Warner no longer resides at the Subject Property. 2. That this Declaration of Restrictive Covenant shall run with the land and be binding on the successors and assigns of Ty Warner. IN WITNESS WH REOF, Ty Warner has, as Owner, executed this Declaration of Restrictive Covenant this ) day of �, , 2007, OWNER: TY WARNER State of Illinois ) County of DuPage ) i I,�6 �- ��. ��- a Notary ublic in and for the Y County and State aforesaid, do hereby certif that Ty Warner is a person known to me, and that he appeared before me this p day of �(;�`._ , _ 2007 , . and acknowledged d that he personally executed this instrument. LFF y lCI�y'S c June 80. 200Sa