S-1315 - 08/09/2011 - VARIATION - Ordinances(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: AGREEMENT REGARDING RESTRICTIVE COVENANT FOR THE 60 -INCH
HIGH FENCE AT 15 GLENOBLE COURT AND DECLARATION OF RESTRICTIVE COVENANT
Property Address/es 15 Glenoble Court, Oak Brook, Illinois 60523
If vacant land, so state and list nearest cross streets)
PIN No(s). 06-24-210-005
Name and Address of
Name and Address of Responsible: Same
Party to Receive Copy of
Recorded Document and Billing
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 N/A
of Consideration (when applicable):
G/L Account to be charaed:
AGREEMENT REGARDING RESTRICTIVE COVENANT
FOR THE 48 -INCH HIGH FENCE ON THE PROPERTY
AT 15 GLENOBLE COURT, OAK BROOK, ILLINOIS
(PIN: 06-24-210-005)
AND
DECLARATION OF RESTRICTIVE COVENANT
Prepared By and Mail To:
Robert Kallien, Jr.
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523
AGREEMENT REGARDING RESTRICTIVE COVENANT
FOR THE 48 -INCH HIGH FENCE ON THE PROPERTY
AT 15 GLENOBLE COURT, OAK BROOK, ILLINOIS
(PIN: 06-24-210-005)
THIS AGREEMENT is made this 04' "^ day of Ca�t&�P✓ , 2011, by and between
the Village of Oak Brook, Illinois, an Illinois municipal cor oration (the "Village"), and Keith
Pridmore and Julie Pridmore (the "Petitioners"), individuals and property owners in the Village,
WITNESSETH:
WHEREAS, on January 7, 2011, Keith Pridmore and Julie Pridmore, the owners of the
property at 15 Glenoble Court, Oak Brook, Illinois (the "Subject Property"), petitioned the Village for
a zoning variation to allow a 48 -inch high fence as constructed to remain on the Subject Property;
and
WHEREAS, on August 9, 2011, the Village approved Ordinance 2011 -ZO-V-S-1 315, "AN
ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13-3-613 OF
TITLE 13 ("ZONING REGULATIONS') OF THE VILLAGE CODE OF THE VILLAGE OF OAK
BROOK RELATIVE TO FENCE HEIGHT FOR THE PROPERTY AT 15 GLENOBLE COURT IN
THE VILLAGE OF OAK BROOK" (the "Variation Ordinance"), by which the Village granted a
variation from its zoning regulations allowing the 48 -inch high fence as constructed to remain on
the Subject Property, subject to the condition that Keith Pridmore and Julie Pridmore execute an
agreement, within thirty (30) days of August 9, 2011, restricting the Subject Property by requiring
that the fence be brought into compliance with the Zoning Regulations of the Village in effect at
that time if Petitioner sells the property or no longer resides at the Subject Property; and
WHEREAS, the Variation Ordinance was recorded with the DuPage County Recorder of
Deeds on August 17, 2011 as Document No. R2011-096650,
NOW THEREFORE, in consideration of the approval of the requested variation, Keith
Pridmore and Julie Pridmore hereby agree as follows:
1. To bring the 48 -inch high fence into compliance with the Zoning Regulations of the
Village in effect at that time, if Petitioner sells the property or no longer resides at the
Subject Property; and;
2. To execute the "Declaration of Restrictive Covenant' attached hereto as Exhibit "A" (the
Declaration"), which shall be recorded by the Village as a restriction on the title of the
Subject Property.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
VILLAGE jOF OAK BROOK
t�IXA/r h, i r
By:
David Niemeyer
Village Manager
Exhibit A
DECLARATION OF RESTRICTIVE COVENANT
WHEREAS, on January 7, 2011, Keith Pridmore and Julie Pridmore, the owners of the
property at 15 Glenoble Court, Oak Brook, Illinois (the "Subject Property"), petitioned the Village for
a zoning variation to allow a 48 -inch high fence as constructed to remain on the Subject Property;
which is legally described as follows:
LOT 119 IN FOREST GLEN SUBDIVISION UNIT 2, BEING A SUBDIVISION OF PART OF THE
NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS AND OF PART OF THE
FRACTIONAL NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 39 NORTH, RANGE 12,
EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK, COUNTY, ILLINOIS, ACCORDING TO
THE PLAT THEREOF RECORDED MAY 13, 1977 AS DOCUMENT R77-35731 IN DUPAGE
COUNTY. ILLINOIS. Permanent Parcel No: 06-24-210-005
(the "Subject Property'); and
WHEREAS, on August 9, 2011, the Village approved Ordinance 2011-ZO-V-S-1315, "AN
ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OFSECTION 13-3-6B OF
TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK
BROOK RELATIVE TO FENCE HEIGHT FOR THE PROPERTY AT 15 GLENOBLE COURT IN
THE VILLAGE OF OAK BROOK" (the "Variation Ordinance"), by which the Village granted a
variation from its zoning regulations allowing the 48 -inch high fence as constructed to remain on
the Subject Property, subject to the condition that Keith Pridmore and Julie Pridmore execute an
agreement, within thirty (30) days of August 9, 2011, restricting the Subject Property by requiring
that the fence be brought into compliance with the Zoning Regulations of the Village in effect at
that time if Petitioner sells the property or no longer resides at the Subject Property; and
WHEREAS, the Variation Ordinance was recorded with the DuPage County Recorder. of
Deeds on August 17, 2011 as Document No. R2011-096650
WHEREAS, Keith Pridmore and Julie Pridmore are the record owners of the Subject
Property and have agreed to place a restriction upon the title of the Subject Property requiring the
48 -inch high fence to be brought into compliance with the Zoning Regulations of the Village in
effect at that time, upon the sale of the Subject Property or if owners no longer reside at the
Subject Property,
NOW THEREFORE, the Owners, Keith Pridmore and Julie Pridmore do hereby declare and
covenant as follows:
1. That the 48 -inch high fence installed on the Subject Property pursuant to the Variation
Ordinance, will be brought into compliance with the zoning regulations of the Village in
effect at that time, upon the sale of the Subject Property, or if the owners no longer
reside at the Subject Property; and;
2. That this "Declaration of Restrictive Covenant' shall run with the land and be binding on
the successors and assigns of Keith Pridmore and Julie Pridmore.
IN WITNESS WHEREOF, Keith Pridmore and Julie Pri ore as Owners, executed this
Declaration of Restrictive Covenant this 4` day of�, 2011
KEITH PRIDMORE OWNER: JULIE PRIDMORE
State of Illinois
County of DuPage
I, L&�Cc- a Not Public in and for the County and State
aforesaid do hereby ce ify t at Keit dmore an lie r,dmore are persons known to me, and
that they appeared before m this day of , 2011, and acknowledged
that they personally executed this instrument. r7
(Above Space For Recorder's Office C
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, IL 60523-2255
VTY RECORDER
10:42 AM
06-24-210-005
R2011 - 096650
RECORDED DOCUMENT TITLE PAGE S- 131 S
Property Address/es 15 Glenoble Court, Oak Brook, Illinois 60523
If vacant land, so state and list nearest cross streets)
PIN No(s). 06-24-210-005
Name and Address of
Name and Address of Responsible: Same
Party to Receive Copy of
Recorded Document and Billing
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 N/A
of Consideration (when applicable):
G/L Account to be charged:
ORDINANCE 2011-ZO-V-S-1315
AN ORDINANCE GRANTING A VARIATION FROM THE
PROVISIONS OFSECTION 13-3-613 OF TITLE 13 ("ZONING REGULATIONS")
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
RELATIVE TO FENCE HEIGHT FOR THE PROPERTY AT
15 GLENOBLE COURT IN THE VILLAGE OF OAK BROOK
(PIN: 06-24-210-005)
WHEREAS, an application has been filed .by Keith Pridmore and Julie Pridmore ('Petitioner")
requesting a variation to allow the 48 -inch high fence, as constructed, to remain on the property located at
15 Glenoble Court, Oak Brook, Illinois ("Subject Property"); and
WHEREAS, on March 1, 2011 and June 7, 2011 the Zoning Board of Appeals conducted a public
hearing on the request for a variation, pursuant to due and appropriate legal notice,
WHEREAS, the Petitioner, along with specific conditions stipulated below, has offered and
agreed to reduce the size of the fence to conform with the zoning regulations at the time of the sale of the
property, or upon moving from the property and has agreed to a deed restriction if the Petitioner sells the
property; and
WHEREAS, the Zoning Board of Appeals found that the Petitioner satisfactorily addressed the
factors required for approval of the requested variation and made specific findings, including that the
variation will not endanger the public health, safety and welfare, and that there will be no substantial injury
to other property in the neighborhood; 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: The foregoing preambles are restated and incorporated herein by reference as though
fully set forth herein.
Section 2: The Petitioner is hereby granted a variation to allow the 48 -inch high fence as
constructed to remain on the Subject Property, subject to the following conditions:
A. If the property is sold, or if the child no longer has special needs, or if the child moves from
the home, the fence would be brought into compliance with the zoning regulations of the
Village in effect at that time and at the expense of the Petitioner; and
B. That the Petitioners execute an agreement, within thirty (30) days of the date that this
ordinance is passed, restricting the Subject Property by requiring that the fence be brought
into compliance with the zoning regulations of the Village in effect at that time if Petitioner
sells the property or no longer resides at the property, and
C. Should an event occur that would require the fence to be reduced in height in order to be in
compliance with the zoning regulations of the Village in effect at that time, the current style
and structural integrity of the fence are to be maintained when the size is reduced.
Ordinance 2010-ZO-V-S-1315
Pridmore — 15 Glenoble Court
Variation— Fence Height
PIN: 06-24-210-005
Page 2 of 2
D. Comply with all other applicable rules and ordinances of the Village of Oak Brook.
Section 3: 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 4: All ordinances in conflict herewith are hereby repealed to the extent of such conflict
Section 5: The effect of this ordinance is limited to the following property:
LOT 119 IN FOREST GLEN SUBDIVISION UNIT 2, BEING A SUBDIVISION OF PART OF THE
NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS AND OF PART OF THE
FRACTIONAL NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 39 NORTH, RANGE 12,
EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, ACCORDING TO
THE PLAT THEREOF RECORDED MAY 13, 1977 AS DOCUMENT R77-35731 IN DUPAGE
COUNTY, ILLINOIS. Permanent Parcel No: 06-24-210-005
Commonly known as 15 Glenoble Court, Oak Brook, IL
Section 6: This ordinance shall be in full force and effect from and after its passage, approval
and publication as provided by law.
APPROVED THIS 9th day of August, 2011.
Gopal G. Lalmalani
Village President
PASSED THIS 9`h day of August, 2011.
Trustees Aktipis, Wolin, Yusuf and Zannis
None
Absent: Trustees Manzo and Moy
ATTEST:
d"91
Charlotte K. Pruss
Village Clerk