S-1395 - 424 Canterberry OrdinanceWHEN 06-36-200-015
013 PAGES R2014-055422
(Above Space For Recorder's Office Only)
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, IL 60523-2255
RECORDED DOCUMENT TITLE PAGE
Property Address/es 424 Canterberry Lane Oak Brook Illinois 60523
If vacant land, so state and list nearest cross
PIN No(s). 06-36-200-015
Name and Address of Applica
Name and Address of Responsible: Same
Party to Receive Copy of
Recorded Document and Billing
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 N/A
of Consideration (when applicable):
G/L Account to be charged:
ORDINANCE 2014-ZO-V-EX-S-1395
AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF
SECTION 13-613-31) AND 13 -6B -3F OF TITLE 13 ("ZONING REGULATIONS")
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
RELATIVE TO THE REQUIRED STRUCTURE HEIGHT AND
FRONT AND REAR YARD SETBACKS FOR THE PROPERTY AT
424 CANTERBERRY LANE IN THE VILLAGE OF OAK BROOK, ILLINOIS
(PIN: 06-36-200-015)
WHEREAS, an application has been filed by the owners, Ehab and Nour Elqaq (collectively, the
"Petitioners"), of the property located at 424 Canterberry Lane, Oak Brook, Illinois and legally described
in Exhibit A attached hereto and incorporated herein ("ProperlY'), requesting variations (collectively,
"Variations") from Sections 13=613-31D and 13-613-3F of the "Zoning Ordinance of the Village of Oak
Brook," as amended ("Zoning Regulations"), to allow for the construction of a new single-family
residence ("New Residence"): (i) within the required front and rear setbacks; and (ii) exceeding the
maximum structure height on the Property; and
WHEREAS, the Property is located in the R2 Single -Family Detached Residence District ("R2
District'); and
WHEREAS, Section 13-66-31D of the Zoning Regulations does not allow for properties that are
less than one acre and located in the R2 District to be more than forty feet (40') in structure height
("Structure Height Requirement'); and
WHEREAS, Section 13-613-3F of the Zoning Regulations does not allow for properties located in
the R2 District to have front yard setbacks less than 40 feet in depth ("Front Yard Setback') or rear yard
setbacks less than 60 feet in depth ("Rear Yard Setback'); and
WHEREAS, portions of two architectural features on portions of the roof of the proposed New
Residence will be approximately forty-three feet six -inches (43'6") and forty-two feet six -inches (42'6") in
height, respectively, thereby exceeding the Structure Height Requirement; and
WHEREAS, the remainder of the New Residence's roofline will be in conformance with the
Structure Height Requirement; and
WHEREAS, the New Residence will encroach into the Front Yard Setback along Canterberry
Lane by approximately eleven feet six inches (11'6"); and
WHEREAS, the New Residence will encroach into the Rear Yard Setback: (i) by approximately
42 feet (42') for an approximate sixteen -foot (16') span for the construction of a porte cochere; and (ii) by
twenty-eight feet seven inches (287") for the construction of those portions of the New Residence other
than the porte cochere; and
WHEREAS, on December 3, 2013 and January 15, 2014, the Oak Brook Zoning Board of
Appeals ("ZBA') conducted a public hearing pursuant to due and appropriate legal notice on the
application for the Variations; and
Ordinance 2014-ZO-V-EX-S-1395
Granting a Variation from the Provisions of Sections 13-66-30 and 13 -6B -3F
For 424 Canterberry Lane
PIN: 06-36-200-015
Page 2 of 9
WHEREAS, after the close of the public hearing, the ZBA found that the Owner satisfactorily
addressed the factors required for approval of the Variations set forth in Section 13-14-61) of the Zoning
Regulations and, in a letter to the President and Board of Trustees dated January 22, 2014,
recommended approval of the Variations subject to certain conditions; and
WHEREAS, the President and Board of Trustees have reviewed the recommendations of the
ZBA 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. 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 3 of this
Ordinance, the Petitioners are hereby granted the following variations to allow for the construction of a
New Residence as follows:
A. A variation from Section 13 -6B -3D of the Zoning Regulations to allow an increase in
structure height for two architectural features to be approximately forty-three feet six inches
(43'6") and forty-two feet six inches (42'6") in height, respectively; the variation granted
pursuant to this Subsection 2.A shall only apply to two architectural features in the final
plans submitted and shall not apply to any other portion of the roofline of the New Residence
or any other structure constructed on the Property; and
B. A variation from Section 13 -6B -3F of the Zoning Regulations to allow:
1. The Front Yard Setback along Canterberry Lane to be reduced to twenty-eight feet
six inches (28'6"); and
2. The Rear Yard Setback to be reduced to approximately eighteen feet (18') for an
approximately sixteen -foot (16') wide span to allow for the construction of a porte
cochere; and
3. The Rear Yard Setback to be reduced to approximately thirty-one feet five inches
(31'5") for the remainder of Property other than that portion of the Property varied by
Subsection 2.13.2 of this Ordinance.
Section 3. Conditions. The approval granted in Section 2 of this Ordinance is expressly
subject to and contingent upon each of the following conditions:
A. Substantial Conformance with Plans. The New Residence shall be constructed in substantial
conformance with the plans dated December 29, 2013, attached hereto and incorporated
herein as Exhibit B, or any plans subsequently submitted and approved by the Director of
Community Development, which plans shall not be approved by the Director of Community
Development unless such plans comply with the Zoning Regulations and all of the provisions
contained in the "Village Code of the Village of Oak Brook, Illinois," as amended ("Village
Code'l, that are in effect on the date Petitioners submit such plans to the Village, except as
specifically varied or waived by this, or subsequent Ordinances; and
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 that are in effect
Ordinance 2014-ZO-V-EX-S-1395
Granting a Variation from the Provisions of Sections 13 -6B -3D and 13 -6B -3F
For 424 Canterberry Lane
PIN: 06-36-200-015
Page 3 of 9
on the date that the Petitioners submit their building permit application to the Village except
as specifically varied or waived by this, or subsequent, Ordinances; and
C. Compliance with Applicable Law. In addition to the other specific requirements of this
Ordinance, the Property, the New Residence, and all of the 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 4. 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 Section 2 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 5. 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 6. 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 7. Effective Date.
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;
H. 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 7.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.
[SIGNATURE PAGE FOLLOWS]
Ordinance 2014-ZO-V-EX-S-1395
Granting a Variation from the Provisions of Sections 13-613-3D and 13 -6e -3F
For 424 Canterberry Lane
PIN: 06-36-200-015
Page 4 of 9
APPROVED THIS 11th day of February, 2014.
Gopal G. Lalmalani
Village President
PASSED THIS 11th day of February, 2014.
Ayes: Trustees Manzo Moy, Wolin, Yusuf
Absent: Tr ctp s Ar11 pr Rnnr
ATTEST:
l.�
Charlotte K. Pruss
Village Clerk
Ordinance 2014-ZO-V-EX-S-1395
Granting a Variation from the Provisions of Sections 13-66-31D and 13 -6B -3F
For 424 Canterberry Lane
PIN: 06-36-200-015
Page 5 of 9
EXHIBIT A
LEGAL DESCRIPTION
Property
The subject property is located at 424 Canterberry Lane in Oak Brook, Illinois and the legal description is
as follows:
THE WEST 165.00 FEET OF THE SOUTH 176.00 FEET OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN, (EXCEPT THAT PART TAKEN FOR ROADWAY RIGHT OF WAY PURPOSES),
IN DUPAGE COUNTY, ILLINOIS
PERMANENT INDEX NUMBER: 06-36-200-015
Ordinance 2014-ZO-V-EX-S-1395
Granting a Variation from the Provisions of Sections 13-66-30 and 13-68-3F
For 424 Canterbe" Lane
PIN: 06-36-200-015
Page 6 of 9
Exhibit B
Site Plan
9
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Exhibit E - Variance Plan / Elevation - 1 " = 20'
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40'-0' CORNER LOT
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CURRENT SETBACK I E n+� U
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Front Yard
Carwrberty Lane NOTE
ALL SETBACK DIMENSIONS
TAKEN TO ROOF OVERHANG
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JOSEPH BURNELL -ARCHITECT
BROOKFIELD, ILLINOIS
1
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S
12-29-2013 O
Elqaq Residence
424 CanterberryLane
Oakbrook, Illinois
Ordinance 2014-ZO-V-EX-S-1395
Granting a Variation from the Provisions of Sections 13 -6B -3D and 13-66-3F
For 424 Canterberry Lane
PIN: 06-36-200-015
Page 7 of 9
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois ("Village")
WHEREAS, an application was filed by the owners, Ehab and Nour Elqaq (collectively,
"Owners'), of the property located at 424 Canterberry Lane, Oak Brook, Illinois and legally described in
Exhibit 1 attached hereto ("Property') requesting variations (collectively, "Variations') to allow for the
construction of a new residence that exceeds the structure height requirements and encroach into the
front yard setback and rear yard setback, as set forth in Sections 13-613-31D and 13 -6B -3F of the "Zoning
Ordinance of the Village of Oak Brook," as amended ("Zoning Regulations" ); and
WHEREAS, Ordinance No. 2014-ZO-V-EX-5-1395, adopted by the President and Board of
Trustees of the Village of Oak Brook on February 11, 2014 ("Ordinance"), grants approval of the
Variations, subject to certain modifications, conditions, restrictions, and provisions; and
WHEREAS, Subsection 7.131 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 consents 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 on the Property, and that the Village's issuance of any such permit
does not, and will not, in any way, be deemed to insure the Owners 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 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 2014-ZO-V-EX-S-1395
Granting a Variation from the Provisions of Sections 13 -6B -3D and 13-613-3F
For 424 Canterberry Lane
PIN: 06-36-200-015
Page 8 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.
IN WITNESS WHEREOF, Ehab Elqaq and Nour Elqaq executed this Unconditional Agreement and
Consent on this B --a day of ✓moi+.' , 2014.
hab Elqaq
`pltiC.
Nour Elqaq
State of Illinois
County of DuPage
I, New MIUYA a Notary Public in and for the County and State aforesaid do
hereby certify that Ehab Elqaq and Nour Elqaq, personally known to me, and that they appeared before
k
me this day of Ff 2014, and acknowledged that they personally executed this
instrument.
Notary Public
Seal
'OFFlCIAL SEAL'
Ydfierr R A&aNa
NdaryPdkStakof limas
My Gommigim EiVm May 12, 2016
Ordinance 2014-ZO-V-EX-S-1395
Granting a Variation from the Provisions of Sections 13 -6B -3D and 13 -6B -3F
For 424 Canterberry Lane
PIN: 06-36-200-015
Page 9 of 9
EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT
LEGAL DESCRIPTION
Property:
The subject property is located at 424 Canterberry Lane in Oak Brook, Illinois and the legal description is
as follows:
THE WEST 165.00 FEET OF THE SOUTH 176.00 FEET OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN, (EXCEPT THAT PART TAKEN FOR ROADWAY RIGHT OF WAY PURPOSES),
IN DUPAGE COUNTY, ILLINOIS
PERMANENT INDEX NUMBER: 06-36-200-015