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S-1339 - 06/12/2012 - VARIATION - OrdinancesFflED BUCHOIZ DUPAGE COUNTY RECORDER AUG.10,2012 9:59 AM PLAT 06-25-403-006 011 PAGES R2012-104994 (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 12 Chatham Lane, Oak Brook, Illinois 60523 If vacant land, so state and list nearest cross streets) PIN No(s). 06-25-403-006 Name and Address of Applicant: Seial Shah Name and Address of Responsible: Same Party to Receive Copy of Recorded Document and Billing Seial Shah at the above address GIL 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 of Consideration (when applic. GIL 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 .Tune 12, 2012 the corporate authorities of the above municipality passed and approved: ORDINANCE 2012-ZO-V-EX-S-1339 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13-3-5 OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO SETBACK REQUIREMENTS AT 12 CHATHAM LANE 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 August , 901 Charlotte K. Pruss Village Clerk Village of Oak Brook DuPage and Cook Counties, Illinois ORDINANCE 2012-ZO-V-EX-S-1339 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13-3-5 OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO SETBACK REQUIREMENTS AT 12 CHATHAM LANE IN THE VILLAGE OF OAK BROOK (PIN: 06-25-403-006) WHEREAS, an application has been filed by Sejal Shah and Mousami Shah (collectively, the "Petitioners") requesting a variation from Section 13-3-5 of the "Zoning Ordinance of the Village of Oak Brook," as amended ("Zoning Regulations"), to allow for the construction of a new, single-family home ("Proposed Home") within the required setback on the property ("Variation") located at 12 Chatham Lane, Oak Brook, Illinois and legally described in Exhibit A attached hereto and incorporated herein ("Property'); and WHEREAS, the Property is located in the R-3 Single -Family Detached Residence District ("R-3 District'); and WHEREAS, Section 13-3-5 of the Zoning Regulations requires properties located on 22nd Street and that portion of York Road that is north of the intersection of York Road and 31" Street to have a setback of at least 100 feet ("Required Setback'); and WHEREAS, the Proposed Home will encroach into the Required Setback by approximately 46.6 feet; and WHEREAS, on May 1, 2012 the Oak Brook Zoning Board of Appeals conducted a public hearing on the request for the Variation, pursuant to due and appropriate legal notice; 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 Variation set forth in Section 13-14-6D of the Zoning Regulations and recommended approval of the Variation subject to certain conditions; and WHEREAS, the President and Board of Trustees have reviewed the recommendation of the Zoning Board of Appeals and 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. Grant of Variation. 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 a variation from Section 13-3-5 of the Zoning Regulations to allow the Proposed Home to encroach into the Required Setback by approximately 46.6 feet. Ordinance 2012-ZO-V-EX-S-1339 Grnting. a Variation from Section 13-3-5 of Title 13 For 12 Chatham Lane -06-25403-006 Page 2 of 10 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 Proposed Home shall be constructed in substantial conformance with the approved plans 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 specifically varied or waived pursuant to Section 2 of this Ordinance; and C. Compliance with Applicable Law. In addition to the other specific requirements of this Ordinance, the Property, the Proposed Home, 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 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 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 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; ii. Publication in pamphlet form in the manner required by law; and N. 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 2012-ZO-V-EX-S-1339 Grnting. a Variation from Section 13-3-5 of Title 13 For 12 Chatham Lane -06-26-403-006 Page 3 of 10 APPROVED THIS 12th day of June, 2012. 4 Gopal G. Lalrnalani Village President PASSED THIS 12" day of June, 2012. Ayes: Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis ATTEST: Charlotte K. Pruss Village Clerk EXHIBIT A LEGAL DESCRIPTION Property: Ordinance 2012-ZO-V-EX-S-1339 Grnting. a Variation from Section 13-3-5 of Title 13 For 12 Chatham Lane -06-25-403-006 Page 4 of 10 LOT 229 IN YORK WOODS UNIT NUMBER 2, BEING A SUBDIVISION IN THAT PART OF THE SOUTHEAST 1/4 OF SECTION 25, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 13, 1964 AS DOCUMENT NUMBER R64-1126, IN DUPAGE COUNTY, ILLINOIS Commonly known as 12 Chatham Lane, Oak Brook, IL PIN: 06-25-403-006 Ordinance 2012-ZO-V-EX-S-1339 Gmting. a Variation from Section 13-3-5 of Title 13 For 12 Chatham Lane -06-254103-006 Page 5 of 10 Exhibit B Site Plan 9 -- — ------'-�T YORK ROAD oo�roamuwaAAu`"°"D �' -- - E%RiING 90FWAHI %ISi1N( jy00D FENik �— ...... Imnxomouaxcvm{ q . �� Fs Io 9 0 � � i se.ad � •ccd , � � �' yy C I E IL- ggXpp IFFY i -_. _.. a w.n Low a NORTH � — �� E%ISTING DPNEWAY v "npp' ;,,m 9 om8 n q GNpLNpM LANE _ H g 'T' PROPOSED i{(�!EiI�`t /[ ©E© 9 l k I SITE PLAN !i F 'eF yy �I ��EF4 SG SOIANKI / ARCHITECTS W y ! A"^�^^�n"PROPOSEO RESIDENCE EOR DRS. SEJAL & MOUSHMI SHAH !tq F! �i 17 CHATHAM, OAK BROOK, R. 5• lip, T Ordinance 2012-ZO-V-ESC-S-1339 Grnting. a Variation from Section 13-35 of Title 13 For 12 Chatham Lane -06-25-403-006 Page 6 of 10 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Oak Brook, Illinois ("Village") WHEREAS, an application was filed by Sejal Shah and Mousami Shah (collectively, the "Owners") requesting a variation to allow the construction of a new single-family home ("Proposed Home") to encroach approximately 46.6 feet into the required, 100 foot setback on the property located at 12 Chatham Lane, Oak Brook, Illinois and legally described in Exhibit 1 attached hereto ("Property'); and WHEREAS, Ordinance No. 2012-ZO-V-EX-S-1339, adopted by the President and Board of Trustees of the Village of Oak Brook on June 12, 2012, ("Ordinance") grants approval of a variation, subject to certain modifications, conditions, restrictions, and provisions; and WHEREAS, Subsection 7 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 variation 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 Proposed Home 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 Proposed Home, 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 affected privilege or right shall continue only until 21 years after the death of the last survivor of the now Ordinance 2012-ZO-V-EX-8-1339 Grnting. a Variation from Section 13-3-5 of Title 13 For 12 Chatham Lane -06-25-403-006 Page 7 of 10 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 PAGES FOLLOW] Ordinance 2012-ZO-V-EX-S-1339 Grnting. a Variation from Section 13-3-5 of Title 13 For 12 Chatham Lane -06-25-403-006 Page 8 of 10 IN WITNESS WHEREOF, Sejal Shah executed this Unconditional Agreement and Consent this '-30 day of -aUK%O , 2012. Sejal Shahq 5 Owner State of Illinois County of DuPage I,' r 5 t 1 CTA'*— c iZ 41 a Notary Public in and for the County and State aforesaid do hereby certify that Sejal Shah, personally known to me, and that he appeared before me this ATF day of �� tJLr 2012, and acknowledged that he perso ally a ecuted this 'gstrume it. /) s g'QFFICIAL SEAL" otary Public z Remi Czaikowski Notary Public, Sate of Illinois My Commission Expires 8/22/2015 IN WITNESS WHE3EOF, Mousami Shah executed this Unconditional Agreement and Consent this O day of - J tMAL, , 2012. ousami-Sh3Y"i Owner State of Illinois County of DuPage ) I, l�� I L`�ii��o Lot' 1�i a Notary Public in and for the County and State aforesaid do hereby certify that Mousami Shah, personally known to me, and that she appeared before me this %"'' day of ��tuE 2012, and acknowledged that she personally executed this instrument. ja Notary Public S'== Not My Co Ordinance 2012-ZO-V-EX-S-1339 Grnting. a Variation from Section 13-3-5 of Title 13 For 12 Chatham Lane --06-25-403-006 Page 9 of 10 EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT LEGAL DESCRIPTION Property: LOT 229 IN YORK WOODS UNIT NUMBER 2, BEING A SUBDIVISION IN THAT PART OF THE SOUTHEAST 1/4 OF SECTION 25, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 13, 1964 AS DOCUMENT NUMBER R64-1126, IN DUPAGE COUNTY, ILLINOIS Commonly known as 12 Chatham Lane, Oak Brook, IL PIN: 06-25-403-006