S-1496 - 05/09/2017 - VARIATION - OrdinancesFRED BUCHOLZ
DUPAGE COUNTY RECORDER
JUL. 20, 2017 11:52 AM
PLAT $37.00 06-36-105-008
PLAT PAGE COUNT: 1
010 PAGES R2017-073352
(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: ORDINANCE 2017-ZO-V-EX-S-1496
AN ORDINANCE GRANTING VARIATIONS FROM PROVISIONS OF SECTION 13 -3-
6A -3d.3 OF TITLE 13 (`ZONING REGULATIONS") OF THE VILLAGE CODE OF THE
VILLAGE OF OAK BROOK RELATIVE TO THE LOCATION OF TRELLISES IN THE
REQUIRED SIDE AND REAR YARD FOR THE PROPERTY LOCATED AT 25 ROBIN
HOOD RANCH IN THE VILLAGE OF OAK BROOK, ILLINOIS
Property Address/es 25 ROBIN HOOD RANCH, OAK BROOK, ILLINOIS 60523
If vacant land, so state and list nearest cross streets)
PIN No(s). 06-36-105-008
Name & Address of Applicant: Julie Olafson
25 Robin Hood Ranch
Oak Brook, IL 60523
Name and Address of Responsible Same
Party to Receive Copy of
Recorded Document and Billing at the same address above
Prepared By & Return to:
( Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523-2255
G/L Account to be charged: 10-1365
Name & Address of Recipient
of Consideration (when applicable):
G/L Account to be charged:
FRED BUCHOU R2017-073352 DUPAGE COUNTY RECORDER
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 the annexed document is a true and
correct copy of the:
ORDINANCE 2017-ZO-V-EX-S-1496
AN ORDINANCE GRANTING VARIATIONS FROM PROVISIONS OF
SECTION 13 -3.6A -3d.3 OF TITLE 13 ("ZONING REGULATIONS")
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
RELATIVE TO THE LOCATION OF TRELLISES IN THE REQUIRED SIDE AND REAR YARD
FOR THE PROPERTY LOCATED AT
25 ROBIN HOOD RANCH IN THE VILLAGE OF OAK BROOK, ILLINOIS
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 hfiw day of
FRFs RIICH0I7 R9n17473359 MIPAhF M1 INTV RFCf1RIlFR
Charlotte K. Pruss
Village Clerk
Village of Oak Brook
DuPage and Cook Counties, Illinois
ORDINANCE 2017-ZO-V-EX-S-1496
AN ORDINANCE GRANTING VARIATIONS FROM PROVISIONS OF
SECTION 13 -3 -6A -3d.3 OF TITLE 13 ("ZONING REGULATIONS")
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
RELATIVE TO THE LOCATION OF TRELLISES IN THE REQUIRED SIDE AND REAR YARD
FOR THE PROPERTY LOCATED AT
25 ROBIN HOOD RANCH IN THE VILLAGE OF OAK BROOK, ILLINOIS
PIN: 06-36-105-008
WHEREAS, an application has been filed by Julie Olafson Trust, as owner ("Owner"), of the
property located at 25 Robin Hood Ranch, Oak Brook, Illinois, which is legally described in Exhibit A
attached hereto and incorporated herein ("Property"), requesting variations from Section 13 -3 -6A -3d.3
("Variations") of the Zoning Ordinance of the Village of Oak Brook, as amended ("Zoning
Regulations', to allow for the construction of free standing trellises ("Trellis(s)'); and
WHEREAS, Section 13 -3 -6A -3d.3 of the Zoning Regulations does not permit detached accessory
structures to be located less than five feet (5) from the side or rear lot line in a residential district; and
WHEREAS, on April 4, 2017, the Oak Brook Zoning Board of Appeals ("ZBA") conducted a
public hearing on the application for the requested Variations, 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 variations set forth in Section 13-14-6D of the Zoning
Regulations and in a letter to the President and Board of Trustees dated April 18, 2017 recommended
approval of the Variations subject to certain conditions; and
WHEREAS, on April 25, 2017, 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 variations to the Zoning Regulations have been met and the Village President and the Board
of Trustees 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. Restatement and Grant of Variations. 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 variations to the Zoning Regulations to permit:
1. Variation to Section 13 -3 -6A -3d.3 of the Zoning Regulations to allow four (4) free standing
Trellises to be constructed in the required rear yard and located not less than six -inches (6")
from the rear lot line; and
Ordinance 2017-ZO-V-EX-S-1496
25 Robin Hood Ranch - Variations
PIN: 06-36-105-008
Page 2 of 8
2. Variation to Section 13 -3 -6A -3d.3 of the Zoning Regulations to allow one (1) free standing
Trellis to be constructed in the required side yard and located not less than six -inches (6")
from the side lot line; and
3. The three (3) proposed twelve -foot high (12') Trellises are to be reduced to a maximum
height of ten feet (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 total of five (5) Trellises shall be constructed in
substantial conformance with the Revised Site Plan, Sheet L1.1 prepared by Mariani
Landscaping, revision date April 4, 2017, attached hereto and incorporated herein as Exhibit B.
B. Compliance with Applicable Law. In addition to the other specific requirements of this Ordinance,
the Property, the Trellises, 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 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 Owner and any and all of its 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
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.
APPROVED THIS 91h day of May, 2017.
Gopal G. LalmaTi
Village President
PASSED THIS 91h day of May, 2017.
Ayes: Trustees Adler, Baar, Manzo, Mov, Tiesenga, Yusuf
Nays:
Absent: None
ATTEST:
Charlotte K. Pruss
Village Clerk
Ordinance 2017-ZO-V-EX-S-1496
25 Robin Hood Ranch - Variations
PIN: 06-36-105-008
Page 3 of 8
EXHIBIT A
LEGAL DESCRIPTION
Property:
Ordinance 2017-ZO-V-EX-S-1496
25 Robin Hood Ranch - Variations
PIN: 06-36-105-008
Page 4 of 8
LOT 20 IN ROBIN HOOD RANCH SUBDIVISION, BEING A SUBDIVISION OF PART OF THE WEST 1/2
OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED JUNE 15,1953 AS DOCUMENT 685421, IN
DUPAGE COUNTY, ILLINOIS.
PIN: 06-36-105-008
Ordinance 2017-ZO-V-EX-S-1496
25 Robin Hood Ranch - Variations
PIN: 06-36-105-008
Page 5 of 8
EXHIBIT B
REVISED SITE PLAN
to I IV/
(12 LF)V HT. TRELLIS F— (7 LF) 1kT. TFZELL15
LF)HT. TRELLIS
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— (12 LF) 6' KT. TRELL15
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4' 9'-0" LONG x 5'-P' TALL
6-Y FINIAL, 4" So. OPENINGS
335' Sidg. EX15TING ARDOR W/GATE
IN5TALLATION AREA
----- .....
NOTE5:
1. TPELL15 PANELS TO 5E IN5TALLEO
0" MIN. IN5IDE OF PROPERTY LINE
2. LOGATION OF TPELL15 PANELS TO
5E FINALIZED IN THE FIELD BASED
ON EX15TING FOOT 5TRUCTUPE5.
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PAINTED WHITE
EXISTING TPELL15 PANEL
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6-0" FINIAL
EX157ING TRELL15 PANEL
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6'-10' FINIAL
EX15TING TRELL15 PANEL
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300 Rockland Road Lake Bluff, Illinois 60044
Phone: 847.234.2172 Fax: 847.234.2754
Project:
The
Olafson
Residence
25 Robin Hood Ranch
Oak Brook, Illinois 60523
REV/56-40 -5/7-6
Issued: N—ber 11, 2016
Dale: Description: By!
0310712017 ADD EXIST. TRELLISES MW
•
toy
Designed: MW Approved: TL
Sheet TiVe
Proposed
Improvement
Plan
0 5. 10' 20' 30'
Sheet No:
L1.1
Project No: OLA1 6070
P(-A#t
1 /2.
ho-11-
MARLANI
L
Ordinance 2017-ZO-V-EX-S-1496
25 Robin Hood Ranch - Variations
PIN: 06-36-105-008
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 Julie Olafson Trust, as owner ("Ownee') of the
property located at 25 Robin Hood Ranch, Oak Brook, Illinois, which is legally described in Exhibit A
attached hereto and incorporated herein ("Property"), requesting variations from Section 13 -3 -6A -3d.3
("Variations") of the Zoning Ordinance of the Village of Oak Brook, as amended ("Zoning
Regulations', to allow for the construction of a total of five (5) free standing trellises ("Trellis(s)"); and
WHEREAS, Ordinance No. 2017-ZO-V-EX-S-1496, adopted by the President and Board of
Trustees of the Village of Oak Brook on May 9, 2017 ("Ordinance"), grants approval of the Variations,
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 covenant 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
Variations 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 Trellises 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
Ordinance 2017-ZO-V-EX-S-1496
25 Robin Hood Ranch - Variations
PIN: 06-36-105-008
Page 7 of 8
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, Julie Olafson, on behalf of Julie Olafson Trust, executed this Unconditional
Agreement and Consent on this day of K 12017.
J ie Olafson
ulie Olafson Trust
State of Illinois )
County of DuPage )
I, (o'41c- PC e- RNC' I<- a Notary Public in and for the County and State aforesaid do
hereby certify that Julie Olafson, personally known to me, and that he appeared before me this
day of 2017, and acknowledged that she per onally executed this instrument.
Notary Public
Seal GA L 9!. 'i OLANEN
OFFICIAL SEAL.
:%Itary Public - State of Illir:ri
y Commission Expires
P43Y 01, 2013
Ordinance 2017-ZO-V-EX-S-1496
25 Robin Hood Ranch - Variations
PIN: 06-36-105-008
Page 8 of 8
EXHIBIT 1
TO UNCONDITIONAL AGREEMENT AND CONSENT
LEGAL DESCRIPTION
Property:
LOT 20 IN ROBIN HOOD RANCH SUBDIVISION, BEING A SUBDIVISION OF PART OF THE WEST 112
OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED JUNE 15,1953 AS DOCUMENT 685421, IN
DUPAGE COUNTY, ILLINOIS.
PIN: 06-36-105-008