S-1541 - 07/10/2018 - VARIATION - Ordinances FRED BUCHOLZ
DUPAGE COUNTY RECORDER
JUL. 25, 2018 10:22 AM
OTHER $38.00 06-24-203-001
012 PAGES R2018- 068754
(Above 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: 2018-ZO-V-EX-S-1541 AN ORDINANCE GRANTING A VARIATION FROM
THE PROVISIONS OF SECTION 13-6C-3F.2(a) OF TITLE 13 ("ZONING REGULATIONS") OF THE
VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO THE REQUIRED SIDE YARD
SETBACK ABUTTING A STREET FOR THE PROPERTY AT 9 WOODSIDE DRIVE IN THE VILLAGE
OF OAK BROOK ILLINOIS
Property Address/es 9 WOODSIDE DRIVE OAK BROOK, ILLINOIS 60523
If vacant land, so state and list nearest cross streets)
PIN No(s). 06-24-203-001
Name and Address of Applicant: Jorge E Luna
Name and Address of Owner: Same
Name and Address of Responsible Party to Receive Copy of Recorded Document and Billing:
Jorge E Luna 6419 Emerald Court Willowbrook, IL 60527
G/L Account to be charged: 10-1365
Prepared By and Return to: Village of Oak Brook
1200 Oak Brook Roa
Oak Brook, Illinois 60523-2255
Name &Address of Recipient of Consideration (when applicable): N/A
G/L Account to be charged:
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 July 10, 2018, the corporate authorities of the
above municipality passed and approved:
ORDINANCE 2018-ZO-V-EX-S-1541
AN ORDINANCE GRANTING VARIATION FROM PROVISIONS OF
SECTION 13-6C-3F.2a OF TITLE 13 ("ZONING REGULATIONS")
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
RELATIVE TO THE SIDE YARD SETBACK ABUTTING A STREET
FOR THE PROPERTY LOCATED AT
9 WOODSIDE DRIVE IN THE VILLAGE OF OAK BROOK, ILLINOIS
PIN: 06-24-203-001
1 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.
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 24th day of July, 2018 .
Charlotte K. Pruss
Village Clerk
tO r r ,� r
Village of Oak Brook
ACA. DuPage and Cook Counties, Illinois
ORDINANCE 2018-ZO-V-EX-S-1541
AN ORDINANCE GRANTING VARIATION FROM PROVISIONS OF
SECTION 13-6C-3F.2a OF TITLE 13 ("ZONING REGULATIONS")
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
RELATIVE TO THE SIDE YARD SETBACK ABUTTING A STREET
FOR THE PROPERTY LOCATED AT
9 WOODSIDE DRIVE IN THE VILLAGE OF OAK BROOK, ILLINOIS
PIN: 06-24-203-001
WHEREAS, an application has been filed by Jorge Luna, the Owner ("Owner"), of the property
located at 9 Woodside Drive, Oak Brook, Illinois, which is legally described in Exhibit A attached hereto
and incorporated herein ("Property"), requesting a Variation from Sections 13-6C-3F.2a ("Variation") of
the Zoning Ordinance of the Village of Oak Brook, as amended ("Zoning Regulations"), to allow for the
construction of a new, attached two (2) car garage ("New Garage Addition"); and
WHEREAS, the Property is located in the R3 Single-Family Detached Residence District ("R3
District"); and
WHEREAS, Section 13-6C-3F.2a of the Zoning Regulations does not allow for properties located
in the R3 District to have a side yard setback abutting a street to have a depth of less than 40 feet ("Side
Yard Setback Abutting a Street'); and
WHEREAS, the proposed two (2) car attached garage will encroach into the Side Yard Setback
Abutting a Street by approximately 24 '/2 feet for a reduced side yard setback of approximately 15-8"; and
WHEREAS, on May 1, 2018, the Oak Brook Zoning Board of Appeals ("ZBA") conducted a public
hearing on the application for the requested Variation, pursuant to due and appropriate legal notice; and
WHEREAS, after the close of the public hearing, the ZBA found that the Owner satisfactorily
addressed the factors required for approval of the Variation set forth in Section 13-14-6D of the Zoning
Regulations and in a letter to the President and Board of Trustees dated June 18, 2018 recommended
unanimous approval of the Variation subject to certain conditions; and
WHEREAS, on July 10, 2018, the Village President and the Board of Trustees reviewed the
recommendations and concurred with the findings made by the ZBA; and
WHEREAS, the applicable requirements of Section 13-14-6D of the Village Code relating to the
granting of Variation to the Zoning Regulations have been met and the Village President and the Board of
Trustees deem the Variation, 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. Restatement and Grant of Variation. Subject to, and contingent on the conditions,
restrictions, and provisions set forth in Section Three of this Ordinance, the Village Board of Trustees shall,
and does hereby, approve a Variation to the Zoning Regulations to permit:
Ordinance 2018-ZO-V-EX-S-1541
9 Woodside Drive-Variation
PIN: 06-24-203-001
Page 2 of 8
A. Variation to Section 13-6C-3F.2a of the Zoning Regulations to allow the New Garage Addition
to encroach into the required 40-foot Side Yard Setback Abutting a Street by approximately 24
'h feet for a reduced side yard setback of approximately 15'-8"; and
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 Garage Addition shall be constructed in
substantial conformance with the Site Plan Exhibit and Conceptual Building Elevation Exhibit
attached hereto and incorporated herein collectively as Exhibit B.
B. Compliance with Zoning Regulations and Village Code. The Owner shall comply with the
Zoning Regulations that are in effect on the date that the Owner submits the 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 Garage Addition, 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 Owner to comply
with any or all of the conditions, restrictions, or provisions of this Ordinance, the Variation 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 Owner and any and all of its
heirs, successors, and assigns, and upon any and all current and successor legal or beneficial Owner 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;
ii. Publication in pamphlet form in the manner required by law; and
iii. The filing by the Owner with the Village Clerk, for recording in the Office of the
DuPage County Recorder of Deeds, of an unconditional agreement and consent
("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 Owner. 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 Owner does 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 will have the right, in their sole discretion,
to declare this Ordinance null and void and of no force or effect.
Ordinance 2018-ZO-V-EX-S-1541
9 Woodside Drive-Variation
PIN: 06-24-203-001
Page 3 of 8
APPROVED THIS 10th day of July, 2018.
Gopal G. Lalmalani
Village President
PASSED THIS 10th day of July, 2018.
Ayes: Trustees Baar, Manzo, Saived, Tiesenga, Yusuf
Nays: None
Absent: None
Abstain: Trustee Cuevas
OF 044,
ATTEST-
Yl
.,
Charlotte K. Pruss
Village Clerk
Ordinance 2018-ZO-V-EX-S-1541
9 Woodside Drive-Variation
PIN: 06-24-203-001
Page 4 of 8
EXHIBIT A
LEGAL DESCRIPTION
Property:
LOT 9 IN WOODSIDE ESTATES, BEING A SUBDIVISION IN THE WEST 1/2 OF THE NORTHEAST 1/4
OF SECTION 24, TOWNSHIP 39, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 26, 1948 AS DOCUMENT
556874, IN DUPAGE COUNTY, ILLINOIS
PIN: 06-24-203-001
Ordinance 2018-ZO-V-EX-S-1541
9 Woodside Drive-Variation
PIN: 06-24-203-001
Page 5 of 8
EXHIBIT B
SITE PLAN and BUILDING ELEVATIONS
2 CAR GARAGE ADDITION TO Zoning -R-3
Front yord -40'-0"
EXISTING SINGLE FAMILY Interior
aayord .A. Q_qRESIDENCE y
\
9 WOODSIDE DRIVE proposed -15.g• �O 3
OAKBROOK *** ILLINOIS ��fljO 5
LEADER ARCHIeco TECTTS380 A
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$ 70&715-5005 not s.Frstverve new garage area q.
Leader.ucrited @ gmad.cam Mvv—d L 60153 ` /' area of In\l� of encroach-.., a
to se}back/ garage '\
/ exist.AC allowed y�•-pw
9 WOODSIDE DRIVE / exist. \ —� roof overhang 4a
wood
OAKBROOK *** ILLINOIS g ,/ deck 000 2T'-0'
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e q b+
\ / EKISTING I STORY j
'S BRICK/FRAME 2 CAR N N
RESIDENCE M9 GARAGE 12 Cb
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\ `•� \ driveway
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Ordinance 2018-ZO-V-EX-S-1541
9 Woodside Drive-Variation
PIN: 06-24-203-001
Page 6 of 8
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois ("Village"):
WHEREAS, an application has been filed by Jorge Luna, as Owner ("Owner"), of the property
located at 9 Woodside Drive, Oak Brook, Illinois, which is legally described in Exhibit A attached hereto
and incorporated herein ("Property's, requesting a Variation from Section 13-6C-3F.2a ("Variation's of
the Zoning Ordinance of the Village of Oak Brook, as amended ("Zoning Regulations', to allow for the
construction of a new attached two (2) car-garage ("New Garage Addition"); and
WHEREAS, Ordinance No. 2018-ZO-V-EX-S-1541, adopted by the President and Board of
Trustees of the Village of Oak Brook on July 10, 2018 ("Ordinance"), grants approval of the Variation,
subject to certain modifications, conditions, restrictions, and provisions; and
WHEREAS, Section 7 of the Ordinance provides, among other things, that the Ordinance will be of
no force or effect unless and until Owner files 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, Owner does hereby agree and covenants as follows:
1. The Owner hereby unconditionally agrees to accept, consent to, and abide by all of the terms,
conditions, restrictions, and provisions of the Ordinance.
2. The Owner acknowledges that: (i) public notices and hearings have been properly given and held
with respect to the adoption of the Ordinance; (ii)the Owner has considered the possibility that the Variation
granted by the Ordinance may be revoked if the Owner does not comply with the Ordinance; and (iii) The
Owner agrees not to challenge any such revocation on the grounds of any procedural infirmity or a denial
of any procedural right.
3. The Owner acknowledges and agrees 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
use of the Property, the construction of the New Garage 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 Owner agrees to and does 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 of
such parties in connection with the operation and use of 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 Owner and his 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 him 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 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.
Ordinance 2018-ZO-V-EX-S-1541
9 Woodside Drive-Variation
PIN: 06-24-203-001
Page 7 of 8
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, Jorge Luna, owner, executed this Unconditional Agreement and Consent on this
f)"Iday of T%)1- 2018,
Jorge Luna
State of Illinois )
County of DuPage )
I, to#4/L 1004AiVCX a Notary Public in and for the County and State aforesaid do hereby
certify that Jorge Luna, personally known to me, and that he appeared before me this //Akay of
2018, and acknowledged that he personally executed this instrument.
Notary Public
V GAIL POLANEK
OFFICIAL SEAL
Notary Public,State of Illinois
My Commission Expires
April 10,2022
Ordinance 2018-ZO-V-EX-S-1541
9 Woodside Drive-Variation
PIN: 06-24-203-001
Page 8 of 8
EXHIBIT 1
TO UNCONDITIONAL AGREEMENT AND CONSENT
LEGAL DESCRIPTION
Property:
LOT 9 IN WOODSIDE ESTATES, BEING A SUBDIVISION IN THE WEST 1/2 OF THE NORTHEAST 1/4
OF SECTION 24, TOWNSHIP 39, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 26, 1948 AS DOCUMENT
556874, IN DUPAGE COUNTY, ILLINOIS
PIN: 06-24-203-001