S-1427 - 05/12/2015 - VARIATION - OrdinancesIu�IIINII�IINiINIIYIYIII�IIIIIIM
FRED BUCNOLZ
DUPAGE COUNTY RECORDER
SEP. 14, 2018 9:52 AM
011 PAGES R2018-086748
(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 55 Breakenridne Farm, Oak Brook, Illinois 60523
If vacant land, so state and list nearest cross streets)
PIN No(s). 06-35-405-001
Name and Address of Applicant: Chicago Title Land Trust —
Name and Address of Responsible: Frederick Cappetta
Party to Receive Copy of
Recorded Document and Billing Frederick Caopetta
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
of Consideration (when applic
G/L Account to be charged:_
ORDINANCE 2015-ZO-V-EX-S-1427
AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF
SECTION 13 -6A -3F.3 OF TITLE 13 ("ZONING REGULATIONS")
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
RELATIVE TO THE REQUIRED REAR YARD SETBACK
FOR THE PROPERTY AT
55 BREAKENRIDGE FARM IN THE VILLAGE OF OAK BROOK, ILLINOIS
(PIN: 06-35-405-001)
WHEREAS, an application has been filed by Chicago Title Land Trust Company #8002365447
(the "Owner'J, of the property located at 55 Breakenridge Farm, Oak Brook, Illinois and legally described
in Exhibit A attached hereto and incorporated herein ("Property'), requesting a variation ("Variation")
from Section 13 -6A -3F.3 of the Zoning Ordinance of the Village of Oak Brook," as amended ("Zoning
Regulations"), to allow for the construction of an addition to the single-family residence on the Property
("Addition") within the required rear yard setback ("Requested Relief"); and
WHEREAS, the Property is located in the R1 Single -Family Detached Residence District ("R1
District'); and
WHEREAS, Section 13 -6A -3F.3 of the Zoning Regulations does not permit for properties located
in the R1 District to have rear yard setbacks less than 100 feet in depth ("Rear Yard Setback'); and
WHEREAS, on April 7, 2015, the Oak Brook Zoning Board of Appeals ("ZBA") conducted a
public hearing pursuant to due and appropriate legal notice on the application for the Variation; 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 April 22, 2015, recommended
approval of the Variation subject to certain conditions; and
WHEREAS, the President and Board of Trustees have reviewed the recommendations of the
ZBA 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 Owner is hereby granted a variation from (i) Section 13 -6A -3F.3 to allow the Rear Yard
Setback to be reduced to approximately 81.8 feet (81'8") for a distance of approximately 32.2 feet (32'2")
in length, to allow for the construction of the Addition.
Section 3. Conditions. The approval granted in Section 2 of this Ordinance is expressly
subject to and contingent upon each of the following conditions:
Ordinance 2015-ZO-V-EX-S-1427
Granting a Variation from the Provisions of Section 13 -6A -3F.3
For 55 Breakenridge Farm
PIN: 06-35-405-001
Page 2 of 8
A. Substantial Conformance with Plans. The Addition shall be constructed in substantial
conformance with Site Plan prepared by Engineering Resource Associates, Inc. dated
February 16, 2015, consisting of one page; and the Preliminary Design plan of the Rear
Elevation prepared by David Dressler, consisting of one page, both of which are attached
hereto and incorporated herein as Exhibit B; and
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 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
the Owner's 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 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 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 May, 2015.
PASSED THIS 12th day of May, 2015.
Ordinance 2015-ZO-V-EX-S-1427
Granting a Variation from the Provisions of Section 13 -6A -3F.3
For 55 Breakenridge Farm
PIN: 06-35-405-001
Page 3 of 8
Gopal G. Lalmalani
Village President
Ayes: Trustees Adler. Baar, Manzo, Moy, Wolin, Yusuf
Nays: None
Absent: None
ATTEST:
`3r
Charlotte K. Pruss
Village Clerk
'+s is
Ordinance 2015-ZO-V-EX-S-1427
Granting a Variation from the Provisions of Section 13 -6A -3F.3
For 55 Breakenridge Farm
PIN: 06-35-405-001
Page 4 of 8
EXHIBIT A
LEGAL DESCRIPTION
Property:
The subject property is located at 55 Breakenridge Farm in Oak Brook, Illinois and the legal description is
as follows:
PARCEL 1:
LOT 4 IN BREAKENRIDGE FARM UNIT 1, BEING A SUBDIVISION OF PART OF THE WEST '/z OF
THE SOUTH EAST % OF SECTION 35, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 27, 1984 AS
DOCUMENT R84-95116, IN DUPAGE COUNTY, ILLINOIS.
PARCEL 2:
EASEMENT FOR INGRESS AND EGRESS FOR THE BENEFIT OF PARCEL 1 AS CREATED BY THE
DEED FROM THE INSTITUTE IN BASIC YOUTH CONFLICTS, A NOT-FOR-PROFIT CORPORATION
OF ILLINOIS, TO THOMAS E. WOELFLE, DATED MAY 16, 1985 AND RECORDED JUNE 22, 1985 AS
DOCUMENT R85-38849, AS SET FORTH IN DECLARATION RECORDED AS DOCUMENT R84-95118,
AS SHOWN ON THE PLAT OF BREAKENRIDGE FARM UNIT NO. 1, AFORESAID, AND AS CREATED
BY DECLARATION OF EASEMENT RECORDED AS DOCUMENT R85-37180. PIN: 06-35-405-001
Ordinance 2015-ZO-V-EX-S-1427
Granting a Variation from the Provisions of Section 13 -6A -3F.3
For 55 Breakenridge Farm
PIN: 06-35-405-001
Page 5 of 8
Exhibit B
Site Plan and Rear Elevation
SITE PLAN
20.13'
COMMON ADDRESS: 55 BREAKENRIDGE ROAD, OAK BROOK. IL
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20 0 20 40 60
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Scale: 1" 220'
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EASEMENTS ARE SHOWN AS DEPICTED ON THE PLAT �. L -----
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OF ORDED NOV OFR 27, 1984 A FARM UNIT 1, ` ___---
\� \---'------ t0' P.U.E. DOC # R84-95116
RECORDED NOVEMBER 27, 1984 AS DOCUMENT 984-95118. `--"--'-' —
BOUNDARYINFORMATION TAKEN FROM PLAT OF SURVEY - _t - ------
PREPARED BY ,2014. LAND SURVEYORS, LTO. -------
---------------i-
DATED JULY 28, 2014. ` --------------------
Pn]Ec ma DAVID DRESSLER` ---- �---"
--------------
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Ordinance 2015-ZO-V-EX-S-1427
Granting a Variation from the Provisions of Section 13 -6A -3F.3
For 55 Breakenridge Farm
PIN: 06-35-405-001
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 Chicago Title Land Trust Company #8002365447
(the "Owner', of the property located at 55 Breakenridge Farm, Oak Brook, Illinois and legally described
in Exhibit A attached hereto and incorporated herein ("Property'), requesting a variation ("Variation")
from Section 13 -6A -3F.3 of the "Zoning Ordinance of the Village of Oak Brook," as amended ("Zoning
Regulations"), to allow for the construction of an addition to the single-family residence on the Property
("Addition") within the required rear yard setback ("Requested Relief"); and
WHEREAS, Ordinance No. 2015-ZO-V-EX-S-1427, adopted by the President and Board of
Trustees of the Village of Oak Brook on May 12, 2015 ("Ordinance"), grants approval of the Variation,
subject to certain modifications, conditions, restrictions, and provisions; and
WHEREAS, Subsection 7.13 of the Ordinance provides, among other things, that the Ordinance
will be of no force or effect unless and until the 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, the Owner hereby agrees 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 and agrees 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, or any subsequent owner of the
Property 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
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 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
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 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
Ordinance 2015-ZO-V-EX-S-1427
Granting a Variation from the Provisions of Section 13 -6A -3F.3
For 55 Breakenridge Farm
PIN: 06-35-405-001
Page 7 of 8
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, Anthony Barbara, on behalf of Chicago Title Land Trust Company #
8002365447 executed this Unconditional Agreement and Consent on this day of
2015.
Anthony Barbara
Chicago Title Land Trust Company #8002365447
State of Illinois )
County of DuPage )
I, a Notary Public in and for the County and State aforesaid do
hereby certify that Anthony Barbara, personally known to me, and that he appeared before me this
day of , 2015, and acknowledged that he personally executed this instrument.
Notary Public
Seal
Ordinance 2015-ZO-V-EX-S-1427
Granting a Variation from the Provisions of Section 13 -6A -3F.3
For 55 Breakenridge Farm
PIN: 06-35-405-001
Page 8 of 8
EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT
LEGAL DESCRIPTION
Property:
The subject property is located at 55 Breakenridge Farm in Oak Brook, Illinois and the legal description is
as follows:
PARCEL 1:
LOT 4 IN BREAKENRIDGE FARM UNIT 1, BEING A SUBDIVISION OF PART OF THE WEST Y2 OF
THE SOUTH EAST Y OF SECTION 35, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 27, 1984 AS
DOCUMENT R84-95116, IN DUPAGE COUNTY, ILLINOIS.
PARCEL 2:
EASEMENT FOR INGRESS AND EGRESS FOR THE BENEFIT OF PARCEL 1 AS CREATED BY THE
DEED FROM THE INSTITUTE IN BASIC YOUTH CONFLICTS, A NOT-FOR-PROFIT CORPORATION
OF ILLINOIS, TO THOMAS E. WOELFLE, DATED MAY 16, 1985 AND RECORDED JUNE 22, 1985 AS
DOCUMENT R85-38849, AS SET FORTH IN DECLARATION RECORDED AS DOCUMENT R84-95118,
AS SHOWN ON THE PLAT OF BREAKENRIDGE FARM UNIT NO. 1, AFORESAID, AND AS CREATED
BY DECLARATION OF EASEMENT RECORDED AS DOCUMENT R85-37180. PIN: 06-35-405-001