S-1340 - 06/12/2012 - VARIATION - OrdinancesAUG.10,2012
OTHER
014 PAGES
(Above Space For Recorder's Office Only)
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, IL 60523-2255
RECORDED DOCUMENT TITLE PAGE
9:56 AM
06— 33 — 201— 007
R2012-104985
OAK BROOK ILLINOIS
Property Address/es 606 Midwest Club Parkway, Oak Brook, Illinois 60523
If vacant land, so state and list nearest cross streets)
PIN No(s). 06-33-201-007
Name and Address of
Name and Address of Responsible:
Same
Party to Receive Copy of
Recorded Document and Billing
John Stanton
Stanton Architects Inc.
2310 Plainfield Road
Crest Hill, IL 60403
G/L Account to be charged: 1365
Prepared By and Return to: Village of Oak Brook
1200 Oak Brook Road
ak Brook, Illinois 60523- 255
Name & Address of Recipient
of Consideration (when applic
G/L Account to be charaed:
ORDINANCE 2012-ZO-V-EX-S-1340
AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF
SECTION 13-3-5 AND SECTION 13 -6C -3F.2 OF TITLE 13 ("ZONING REGULATIONS")
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
RELATIVE TO SETBACK REQUIREMENTS AT
606 MIDWEST CLUB PARKWAY IN THE VILLAGE OF OAK BROOK
(PIN: 06-33-201-007)
WHEREAS, an application has been filed by the owners of the property located at 606 Midwest
Club Parkway, Oak Brook, Illinois and legally described in Exhibit A attached hereto and incorporated
herein ("Property'), Paula Lapinski and Jose Rios (collectively, the "Petitioners"), requesting variations
from Sections 13-3-5 and 13 -6C -3F.2 of the "Zoning Ordinance of the Village of Oak Brook," as amended
("Zoning Regulations"), to allow for the construction of an addition ("Addition") within the Required
Setbacks on the Property ("Variations"); 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 along Oak
Brook Road (31st Street) to not be less than 110 feet as measured from the section lines ("Oak Brook
Road Setback Requirement'); and
WHEREAS, Section 13 -6C -3F.2 of the Zoning Regulations requires properties located within the
R-3 District to have a side -yard setback of not less than 12 feet in depth ("Side -Yard Setback
Requirement') (collectively, with the Oak Brook Road Setback Requirement, the "Required Setbacks");
and
WHEREAS, the Addition will encroach into the Oak Brook Road Setback Requirement by
approximately seven feet and encroach in the Side -Yard Setback Requirement by approximately two feet;
and
WHEREAS, on May 1, 2012, the Oak Brook Zoning Board of Appeals conducted a public hearing
on the request for the Variations, 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 set forth in Section 13-14-6D of the Zoning Regulations
required for approval of the Variations and recommended approval of the Variations 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 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.
Ordinance 2012-ZO-V-EX-S-1340
Grnting. Variations from Section 13-3-5
and 13 -6C -3F.2 of Title 13
For 606 Midwest Club Parkway — 06-33-201-007
Page 2 of 10
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 upon the conditions set forth in Section 3 of this
Ordinance, the Petitioners are hereby granted variations from Sections 13-3-5 and Section 13 -6C -3.F2 of
the Zoning Regulations to allow the Addition to encroach into the Oak Brook Road Setback Requirement
by approximately seven feet and into the Side -Yard Setback Requirement by approximately two feet.
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 Addition shall be constructed in substantial
conformance with the approved plans dated March 23, 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 specifically varied or waived; and
C. Compliance with Applicable Law. In addition to the other specific requirements of this
Ordinance, the Property, the Addition, 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 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 beheld 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 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
Ordinance 2012-ZO-V-EX-S-1340
Grnting. Variations from Section 13-3-5
and 13 -6C -3F.2 of Title 13
For 606 Midwest Club Parkway — 06-33-201-007
Page 3 o 10
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]
APPROVED THIS 12th day of June, 2012.
PASSED THIS 121h day of June, 2012.
Ordinance 2012-ZO-V-EX-S-1340
Grnting. Variations from Section 13-3-5
and 13 -6C -3F.2 of Title 13
For 606 Midwest Club Parkway — 06-33-201-007
Page 4 of 10
Village President
Trustees Aktpis, Manzo, Moy, Wolin, Yusuf and Zannis
None
ATTESTS �%
JD1f'V
Charlotte K. Pruss
Village Clerk
EXHIBIT A
LEGAL DESCRIPTION
Property:
Ordinance 2012-ZO-V-EX-S-1340
Grnting. Variations from Section 13-3-5
and 13 -6C -3F.2 of Title 13
For 606 Midwest Club Parkway — 06-33-201-007
Page 5 of 10
LOT 40 AND AN UNDIVIDED 1/220TH INTEREST IN LOT 221 IN THE MIDWEST CLUB PHASE 1,
BEING A SUBDIVISION OF PART OF THE NORTH HALF OF SECTION 33, AND THE NORTHWEST
QUARTER OF SECTION 34, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 6, 1978 AS DOCUMENT
R78-116577, IN DUPAGE COUNTY, ILLINOIS.
Commonly known as 606 Midwest Club Parkway, Oak Brook, IL
PIN: 06-33-201-007
Ordinance 2012-ZO-V-EX-S-1340
Grnting. Variations from Section 13-3-5
and 13 -6C -3F.2 of Title 13
For 606 Midwest Club Parkway — 06-33-201-007
Page 6 of 10
Exhibit B
Site Plan
U -F "IPUBLlc "
EASEMENT,
I
REAT
LOT 40 I ; \---—--— — -- —
I
OUTLINE OF
OVERHANG=--� /
PROPOSED
GARAGE OMIT ONE / FRONT
ADDITION OPEN / PORCH
PARKING /
�K SPACE / EXISTING \ ®j
/ DRIVEWAY\ — 1J
VIEW I-0-—
TR@ESASHRUBS
TO REMAIN
FA
Kim, • . , f \ ;=111►\\ �y
_ _ •,`;, Ali'VIEW 2
10 SETE3AC-<
_ , ' •
FiROF05ED SITE PLN 006 MiF,)WES r c>_u5
SCALE" P = 20'-0"
�xr+t ocl, /,—i3
5-13Y0
Ordinance 2012-ZO-V-EX-S-1340
Grnting. Variations from Section 13-3-5
and 13 -6C -3F.2 of Title 13
For 606 Midwest Club Parkway — 06-33-201-007
Page 7 of 10
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois ("Village")
WHEREAS, an application was filed by the owners Paula Lapinski and Jose Rios ("Owners)
requesting variations to allow the construction of an addition to encroach into the Required Setback of
Oak Brook Road by approximately seven feet and into the side yard by approximately two feet on the
property located at 606 Midwest Club Parkway, Oak Brook, Illinois and legally described in Exhibit 1
attached hereto ("Property'); and
WHEREAS, Ordinance No. 2012-ZO-V-EX-S-1340, 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 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 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 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
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-S-1340
Grnting. Variations from Section 13-3-5
and 13 -6C -3F.2 of Title 13
For 606 Midwest Club Parkway — 06-33-201-007
Page 6 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 PAGE FOLLOWS]
Ordinance 2012-ZO-V-EX-S-1340
Grnting. Variations from Section 13-3-5
and 13 -6C -3F.2 of Title 13
For 606 Midwest Club Parkway— 06-33-201-007
Page 9 of 10
IN WITNESS WHEREOF, Paula Lapinski executed this Unconditional Agreement and Consent this
21./(dayof Juwa 2012
'- Lapinski \
State of Illinois
County of DuPage
I, cUrti / !moo /o, �k a Notary Public in and for the County and State aforesaid
do hereby certify that Paula Lapinski, personally known to me, and that she appeared before me this
0'y4 --day of ,Jive 2012, and acknowledged that she personally executed this
instrument.
OFFICIAL SEAL
GAIL POLANEK
Notary Public- State of Illinois Notary Public
My Commission Expires Jul 12, 2014
Seal
IN WITNESS WHEREOF, Jose Rios executed this Unconditional Agreement and Consent this a4'0
day of Ju Ne 2012
State of Illinois
County of DuPage
Yo wNc- a Notary Public in and for the County and State aforesaid
do hereby certify that Jose Rios, personally known to me, and that he appeared before me this
day of J-) Aie , 2012, and acknowledged that he personally executed this instrument.
OFFICIAL SEAL Notary Public
GAIL POLANEK
Notary Publlo - State of Illinois
My Commission Explres Jul 12, 2014
Ordinance 2012-ZO-V-EX-S-1340
Grnling. Variations from Section 13-3-5
and 13 -6C -3F.2 of Title 13
For 606 Midwest Club Parkway — 06-33-201-007
Page 10 of 10
Seal
EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT
LEGAL DESCRIPTION
Property:
LOT 40 AND AN UNDIVIDED 1/220TH INTEREST IN LOT 221 IN THE MIDWEST CLUB PHASE 1,
BEING A SUBDIVISION OF PART OF THE NORTH HALF OF SECTION 33, AND THE NORTHWEST
QUARTER OF SECTION 34, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 6, 1978 AS DOCUMENT
R78-116577, IN DUPAGE COUNTY, ILLINOIS.
Commonly known as 606 Midwest Club Parkway, Oak Brook, IL
PIN: 06-33-201-007