S-1341 - 506 Wood - VARDUPAGE COUNTY
AUG -10,2012 9:59 AM
PLAT 06 —36-300-088
OWPAGES R2012-104993
eve Space For Recorder's Office Only)
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, IL 60523-2255
RECORDED DOCUMENT TITLE PAGE
Title of Document:
Property Address/es 506 Wood Road, Oak Brook, Illinois 60523
If vacant land, so state and list nearest cross streets)
PIN No(s). 06-36-300-088
Name and Address of
Name and Address of Responsible: Same
Party to Receive Copy of
Recorded Document and Billina Susan and Trov Aonlevard
G/L Account to be charged: 10-1365
Prepared By and Return to: Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523-2255
Name & Address of Recipient V N/A
of Consideration (when applicable):
G/L Account to be charqed:
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 June 12, 2012 the corporate authorities of
the above municipality passed and approved:
ORDINANCE 2012-ZO-V-EX-S-1341
AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF
SECTIONS 13-6B.=3F.1 13 -6B -3F.2(4) afld`13434bA 3"(b),
OF TITLE 13 ("ZONING REGULATIONS")
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
RELATIVE TO SETBACK REQUIREMENTS AT
506 WOOD ROAD IN THE VILLAGE OF OAK BROOK
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 9th day of A„g„G* . 2012
Charlotte K. Pruss
' Village Clerk
,Village of Oak Brook
;,DuPage and Cook Counties, Illinois
t
ORDINANCE 2012-ZO-V-EX-S-1341
AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF
SECTIONS 13 -6B -3F.1 13-613-3F.2(a) and 13-3-6A.3(b),
OF TITLE 13 ("ZONING REGULATIONS")
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
RELATIVE TO SETBACK REQUIREMENTS AT
606 WOOD ROAD IN THE VILLAGE OF OAK BROOK
(PIN: 06-36-300-088)
WHEREAS, an application has been filed by the owners of the property located at 506 Wood
Road, Oak Brook, Illinois and legally described in Exhibit A attached hereto and incorporated herein
("Property'), Susan and Troy Appleyard (collectively, the "Petitioners"), requesting variations from
Sections 13-613-3F.1, 13-613-3F.2(a), and 13-3-6A.3(b) of the "Zoning Ordinance of the Village of Oak
Brook," as amended ("Zoning Regulations"), to allow for: (i) the construction of an addition to the house
located on the Property ("Addition") that encroaches into the required font -yard setback and the required
side -yard setback; and (ii) the construction of a detached garage ("Garage") within the required side yard
(collectively, the "Variations"); and
WHEREAS, the Property is located in the R-2 Single -Family Detached Residence District ("R-2
District'); and
WHEREAS, Section 13 -6B -3F.1 of the Zoning Regulations requires properties located within the
R-2 District to have a front -yard setback of not less than 40 feet in depth ("Required Front -Yard
Setback'); and
WHEREAS, Section 13-613-3F.2(a) of the Zoning Regulations requires properties located within
the R-2 District that have a side -yard that abuts a street to have a side -yard setback of not less than 40
feet in depth ("Required Side Yard Setback'); and
WHEREAS, Section 13-3-6A.3(b) of the Zoning Regulations prohibits a detached accessory
structure from being located in a required side yard; and
WHEREAS, the Addition will encroach into the Required Front -Yard Setback along Washington
Street by approximately 11.46 feet and the Required Side -Yard Setback along Wood Road by
approximately 18.25 feet; and
WHEREAS, the Garage will encroach into the required side -yard along Wood Road by
approximately 18.25 feet; and
WHEREAS, on May 1, 2012, pursuant to due and appropriate legal notice, the Oak Brook Zoning
Board of Appeals conducted a public hearing on the request for the Variations; and
WHEREAS, after the close of the public hearing, the Zoning Board of Appeals found that the
Petitioners satisfactorily addressed the factors required for approval of the Variations set forth in Section
13-14-61) of the Zoning Regulations and recommended approval of the Variations subject to certain
conditions; and
Ordinance 2012-ZO-V-EX-S-1341
Grntng. Variations from Sections 13-66-3F.1,
13-66-3F2(a) and 13-3-6A.3(b) of Title 13
For 506 Wood Road — 06-36-300-088
Page 2 of 9
WHEREAS, the President and Board of Trustees have reviewed the recommendation of the
Zoning Board of Appeals and deem the Variations 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. Recitals. The foregoing recitals are restated and incorporated herein as the
findings of the President and Board of Trustees.
Section 2. Grant of Variations For Addition. Pursuant to the standards set forth in Section
13-14-6D of the Zoning Regulations, and subject to and contingent on the conditions set forth in Section 4
of this Ordinance, the Petitioners are hereby granted variations from Sections 13 -6B -3F.1 and 13-6B-
3F.2(a) of the Zoning Regulations to allow the Addition to encroach into the Required Front -Yard Setback
along Washington Street by approximately 11.46 feet and the Required Side -Yard Setback along Wood
Road by approximately 18.25.
Section 3. Grant of Variations For Garage. Pursuant to the standards set forth in Section
13-14-6D of the Zoning Regulations, and subject to and contingent on the conditions set forth in Section 4
of this Ordinance, the Petitioners are hereby granted a variation from Section 13-3-6A.3(b) of the Zoning
Regulations to allow the Garage to encroach into the required side yard along Wood Road by
approximately 18.25 feet.
Section 4. Conditions. The approvals granted in Sections 2 and 3 of this Ordinance are
expressly subject to and contingent upon each of the following conditions:
A. Substantial Conformance with Plans. The Addition and Garage shall be constructed in
substantial conformance with the approved plans dated April 16, 2012 attached hereto and
incorporated herein as Exhibit B;
B. Compliance with Zoning Regulations and Village Code. The Petitioners shall comply with the
Zoning Regulations and all of the provisions contained in the "Village Code of the Village of
Oak Brook, Illinois," as amended, that are in effect on the date that the Petitioners submit
their building permit application to the Village except as may be specifically varied or waived;
and
C. Compliance with Applicable Law. In addition to the other specific requirements of this
Ordinance, the Property, the Addition, the Garage and all of the Petitioners' operations and
activities conducted on and in the Property, must comply at all times with all applicable
federal, state, and Village statutes, ordinances, resolutions, rules, codes, and regulations.
Section 5. Failure to Comply with Conditions. Upon failure or refusal of the Petitioners to
comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the Variations
granted in Sections 2 and 3 of this Ordinance will, at the sole discretion of the President and Board of
Trustees, by ordinance duly adopted, be revoked and become null and void.
Section 6. Binding Effect. This Ordinance and the privileges, obligations, and provisions
contained herein shall inure solely to the benefit of, and be binding upon, the Petitioners and any and all
of the Petitioners' heirs, successors, and assigns, and upon any and all current and successor legal or
beneficial owners of all or any portion of the Property.
Section 7. Severability. 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.
Section 8. Effective Date.
Ordinance 2012-ZO-V-EX-S-1341
Grntng. Variations from Sections 13-66-3F.1,
13-6B-3F2(a) and 13-3-6A.3(b) of Title 13
For 506 Wood Road — 06-36-300-088
Page 3 of 9
A. This Ordinance will be effective only upon the occurrence of all of the following events:
i. Passage by the President and Board of Trustees of the Village of Oak Brook
in the manner required by law;
ii. Publication in pamphlet form in the manner required by law; and
iii. The filing by the Petitioners with the Village Clerk, for recording in the Office
of the DuPage County Recorder of Deeds, of an unconditional agreement
and consent to accept and abide by each and all of the terms, conditions,
and limitations set forth in this Ordinance. The unconditional agreement and
consent must be executed by the Petitioners. The unconditional agreement
and consent must be substantially in the form attached hereto and
incorporated herein as Exhibit C.
B. In the event that the Petitioners do not file with the Village Clerk the unconditional agreement
and consent required by Paragraph 8.A.(iii) of this Ordinance within 60 days after the date of
final passage of this Ordinance, the Board of Trustees of Trustees will have the right, in their
sole discretion, to declare this Ordinance null and void and of no force or effect.
APPROVED THIS 12th day of June, 2012.
Gopal G. Lalmalani
Village President
PASSED THIS 12th day of June, 2012.
Ayes:_ Trustees Aktipis, Manzo Moy, Wolin Yusuf and Zannis
ATTEST:
&4�� —
Charlotte K. Pruss
Village Clerk
EXHIBITA
LEGAL DESCRIPTION
Property:
Ordinance 2012-ZO-V-EX-S-1341
Grntng. Variations from Sections 13 -6B -3F.1,
13-6B-3F2(a) and 13-3-6A.3(b) of Title 13
For 506 Wood Road — 06-36-300-088
Page 4 of 9
PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 39
NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED BY COMMENCING
AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 36, THENCE
WEST 10 CHAINS ALONG THE SECTION LINE TO THE CENTER LINE OF ROAD, NOW KNOWN AS
WASHINGTON STREET; THENCE NORTH ALONG THE CENTER LINE OF WASHINGTON STREET
413 FEET FOR A PLACE OF BEGINNING (SAID PLACE OF BEGINNING BEING THE INTERSECTION
OF THE CENTER LINE OF WASHINGTON STREET AND THE NORTH LINE OF WOOD AVENUE
EXTENDED EAST), THE NORTH LINE OF WOOD AVENUE BEING 33 FEET NORTH OF THE NORTH
LINE OF BLOCK 4 OF GLENDALE SUBDIVISION, RECORDED SEPTEMBER 8, 1926 AS DOCUMENT
220961; THENCE NORTH ALONG THE CENTER LINE OF WASHINGTON STREET 74.57 FEET;
THENCE WEST 10 CHAINS, MORE OR LESS, TO THE WEST LINE OF THE EAST HALF OF THE
SOUTHWEST QUARTER OF SAID SECTION 36; THENCE SOUTH ALONG SAID WEST LINE 74.27
FEET TO THE NORTH LINE OF WOOD AVENUE, AFORESAID; THENCE EAST ALONG THE NORTH
LINE OF WOOD AVENUE, AFORESAID, 10 CHAINS MORE OR LESS, TO THE PLACE OF
BEGINNING (EXCEPTING THE WEST 450 FEET THEREOF) IN DUPAGE COUNTY, ILLINOIS.
Commonly known as 506 Wood Road
PIN: 06-36-300-088
Ordinance 2012-ZO-V-EX-S-1341
Grntng. Variations from Sections 13 -6B -3F.1,
13-6B-3F2(a) and 13-3-6A.3(b) of Title 13
For 506 Wood Road — 06-36-300-088
Page 5 of 9
Exhibit B
Site Plan
JM12M - aPpt A+ �BIpENCE
III111i
e e e ■
ee■■� �I
111■IIIIIIIIIIIIII� �Is�N us
In
`
IIIOI IIIIIIIIII`II ,❑ GG
•�,
IIIIIIIII�II'' III
11jjjjj
ul'IIIII i..
,III
II�I'llll�lllll -1 r
�
..
IIIIIIIIIIL, ►
....,.. ammnnk
1
�:: it ,IIL-1111 ��
::,:_,� IIIIIIIInV
III III Gli�o In1111 �pp I
h�III�II\
'
Illinlilllllllllnl:ll��.l
_ 1111111
�
IIe�111�1111111111� '::�:
im Cm
cl
IIS■
�"""""'"^'
a•
19e1h1111 I
f
OR
• • ■
-eIIllAlll ; hIII
JM12M - aPpt A+ �BIpENCE
�A�F04�t��y
s�
gm
i �~iRzz��m
�i
R ya
`�gm�il Fnm� A
mr yy t
�4 gmmz�A� z
9
ml��°�A
ggm�m A�°8
H�
JBI2142 - APPLEYARD RESIDENCE
E
O
M R 8
yy_
LII
A
E
1
b [XI X K
ti_ gg
I z I
U.ESTERLY LRE OF U ASMINGTON STREET
WASHINGTON STREET
D
Ordinance 2012-ZO-V-EX-S-1341
Grntng. Variations from Sections 13-0-3F.1,
13-66-3F2(a) and 13-3-6A.3(b) of Title 13
For 506 Wood Road — 06-36-300-088
Page 6 of 9
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois ("Village")
WHEREAS, an application was filed by the owners of the property located at 506 Wood Road,
Oak Brook, Illinois and legally described in Exhibit 1 ("Property'), Susan Appleyard and Troy Appleyard
(collectively, the "Owners"), requesting variations to allow for: (i) the construction of an addition to the
house located on the Property that encroaches into the required font -yard setback along Washington
Street by approximately 11.46 feet and the required side -yard setback along Wood Road by
approximately 18.25 feet; and (ii) the construction of a detached garage within the required side yard; and
WHEREAS, Ordinance No. 2012-ZO-V-EX-S-1341, adopted by the President and Board of
Trustees of the Village of Oak Brook on June 12, 2012, ("Ordinance") grants approval of variations,
subject to certain modifications, conditions, restrictions, and provisions; and
WHEREAS, Subsection 8 of the Ordinance provides, among other things, that the Ordinance will
be of no force or.effect unless and until the Owners file this Unconditional Agreement and Consent with
the Village Clerk and consent to accept and abide by each of the terms, conditions and limitations set
forth in the Ordinance;
NOW, THEREFORE, the Owners do hereby agree and covenant as follows
1. The Owners hereby unconditionally agree to accept, consent to, and abide by all of the terms,
conditions, restrictions, and provisions of the Ordinance.
2. The Owners acknowledge and agree that: (i) public notices and hearings have been properly
given and held with respect to the adoption of the Ordinance; (ii) the Owners have considered the
possibility that the variations granted by the Ordinance may be revoked if the Owners do not comply with
the Ordinance; and (iii) the Owners agree not to challenge any such revocation on the grounds of any
procedural infirmity or a denial of any procedural right.
3. The Owners acknowledge and agree that the Village is not and will not be, in any way, liable for
any damages or injuries that may be sustained as a result of the Village's issuance of any permits for the
construction or use of the addition or the detached garage on the Property, and that the Village's
issuance of any such permits does not, and will not, in any way, be deemed to insure the Owner against
damage or injury of any kind and at any time.
4. The Owners agree to and do hereby hold harmless and indemnify the Village, the Village's
corporate authorities, and all Village elected and appointed officials, officers, employees, agents,
representatives, and attorneys, from any and all claims that may, at any time, be asserted against any
such parties in connection with the construction, operation, and use of the addition, the detached garage,
the Property, or the Village's adoption of the Ordinance.
5. The restrictions imposed by this Unconditional Agreement and Consent shall be restrictions
running with the land and shall be binding upon and inure to the benefit of the Owners and their heirs,
successors, assigns, agents, licensees, lessees, invitees, and representatives, including, without
limitation, all subsequent owners of the Property, or any portion thereof, and all persons claiming under
them to the extent provided in this Unconditional Agreement and Consent. If any of the privileges or
rights created by this Unconditional Agreement and Consent would otherwise be unlawful or void for
violation of (1) the rule against perpetuities or some analogous statutory provision, (2) the rule restricting
restraints on alienation, or (3) any other statutory or common law rules imposing time limits, then the
Ordinance 2012-ZO-V-EX-S-1341
Grntng. Variations from Sections 13 -6B -3F.1,
13-6B-3F2(a) and 13-3-6A.3(b) of Title 13
For 506 Wood Road — 06-36-300-088
Page 7 of 9
affected privilege or right shall continue only until 21 years after the death of the last survivor of the now
living lawful descendants of the current President of the United States, or for any shorter period that may
be required to sustain the validity of the affected privilege or right.
6. This Unconditional Agreement and Consent may not be amended, modified, released or annulled
except upon the express, prior written approval of the Village of Oak Brook.
[SIGNATURE PAGE FOLLOWS]
Ordinance 2012-ZO-V-EX-S-1341
Grntng. Variations from Sections 13 -6B -3F.1,
13-613-31F2(a) and 13-3-6A.3(b) of Title 13
For 506 Wood Road — 06-36-300-088
Page 8 of 9
IN WITNESS WHEREOF, Susan Appleyard executed this Unconditional Agreement and Consent this
Sth day of �V L4 , 2012
Susan AppleyarYi
State of Illinois
County of DuPage
I, ��' P0 a Notary Public in and for the County and State aforesaid do
hereby certify that Susan Appleyard, personally known to me, and that she appeared before me this
SK_ day of J( 2012, and acknowledged that she personally executed this
instrument.
OFFlCIALSEAL�]/� /J
LNotaGAIL POLANEK
Public-Stateoflit(nois Notary Public
ry
Commission Expires Jul 12, 2014
Seal
IN WITNESS W1HEFj,EOF, Troy Appleyard executed this Unconditional Agreement and Consent this
,57 F day of iJ_g=y � 2012
TroyAp yard
State of Illinois
County of DuPage
I, Cv/� �0 C� ME/G a Notary Public in and for the County and State aforesaid do
hereby certify that Troy Appleyard, personally known to me, and that he appeared before me this 52
day of Ju 2012, and acknowledged that he personally executed this instrument.
OFFICIALSEAL _-L/E /'� �f �L
GAIL POtANEK - Notary Public
Notary Public- State of Illinois
Seal My Commission Expires Jul 12, 2014
Ordinance 2012-ZO-V-EX-S-1341
Grntng. Variations from Sections 13 -6B -3F.1,
13-66-3172(a) and 13-3-6A.3(b) of Title 13
For 506 Wood Road — 06-36-300-088
Page 9 of 9
EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT
Property:
PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 39
NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED BY COMMENCING
AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 36, THENCE
WEST 10 CHAINS ALONG THE SECTION LINE TO THE CENTER LINE OF ROAD, NOW KNOWN AS
WASHINGTON STREET; THENCE NORTH ALONG THE CENTER LINE OF WASHINGTON STREET
413 FEET FOR A PLACE OF BEGINNING (SAID PLACE OF BEGINNING BEING THE INTERSECTION
OF THE CENTER LINE OF WASHINGTON STREET AND THE NORTH LINE OF WOOD AVENUE
EXTENDED EAST), THE NORTH LINE OF WOOD AVENUE BEING 33 FEET NORTH OF THE NORTH
LINE OF BLOCK 4 OF GLENDALE SUBDIVISION, RECORDED SEPTEMBER 8, 1926 AS DOCUMENT
220961; THENCE NORTH ALONG THE CENTER LINE OF WASHINGTON STREET 74.57 FEET;
THENCE WEST 10 CHAINS, MORE OR LESS, TO THE WEST LINE OF THE EAST HALF OF THE
SOUTHWEST QUARTER OF SAID SECTION 36; THENCE SOUTH ALONG SAID WEST LINE 74.27
FEET TO THE NORTH LINE OF WOOD AVENUE, AFORESAID; THENCE EAST ALONG THE NORTH
LINE OF WOOD AVENUE, AFORESAID, 10 CHAINS MORE OR LESS, TO THE PLACE OF
BEGINNING (EXCEPTING THE WEST 450 FEET THEREOF) IN DUPAGE COUNTY, ILLINOIS.
Commonly known as 506 Wood Road
PIN: 06-36-300-088