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FRED BUCHOLZ
009 PAGES �*N2017-073351
(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: ORDINAfJCE 2017-ZO-V-EX-S-1499
AN ORDINANCE GRANTING VARIATIONS FROM PROVISIONS OF SECTION 13-6C-3F.2a
AND 13 -6C -3F.3 OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE CODE OF THE
VILLAGE OF OAK BROOK RELATIVE TO THE SIDE YARD AND REAR YARD SETBACK
REQUIREMENTS FOR THE PROPERTY LOCATED AT
3001 GRANT STREET IN THE VILLAGE OF OAK BROOK, ILLINOIS
Property Address/es 3001 GRANT STREET, OAK BROOK, ILLINOIS 60523
If vacant land, so state and list nearest cross streets)
PIN No(s). 06-25-301-001
Name &Address of Applicant
Leo and Elizabeth Danielides
20 Kimberly Circle
Oak Brook, Illinois 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
200 Oak Brook Ro
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 BUCHOLZ R2017-073351 DUPAGE COUNTY RECORDER
N/A
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 June 13, 2017 ,the corporate
authorities of the above municipality passed and approved:
ORDINANCE 2017-ZO-V-EX-S-1499
AN ORDINANCE GRANTING VARIATIONS FROM PROVISIONS OF
SECTION 13-6C-3F.2a AND 13 -6C -3F.3 OF TITLE 13 ("ZONING REGULATIONS")
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
RELATIVE TO THE SIDE YARD AND REAR YARD SETBACK REQUIREMENTS
FOR THE PROPERTY LOCATED AT
3001 GRANT STREET IN THE VILLAGE OF OAK BROOK, ILLINOIS
PIN: 06-25-30.1-001
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 28th day of June , 2017 .
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FRED BUCHOLZ R2017-073351 DUPAGE COUNTY RECORDER
Charlotte K. Pruss
Village Clerk
Village of Oak Brook
DuPage and Cook Counties,
Illinois
ORDINANCE 2017-ZO-V-EX-S-1499
AN ORDINANCE GRANTING VARIATIONS FROM PROVISIONS OF
SECTION 13-6C-3F.2a AND 13 -6C -3F.3 OF TITLE 13 ("ZONING REGULATIONS")
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
RELATIVE TO THE SIDE YARD AND REAR YARD SETBACK REQUIREMENTS
FOR THE PROPERTY LOCATED AT
3001 GRANT STREET IN THE VILLAGE OF OAK BROOK, ILLINOIS
PIN: 06-25-301-001
WHEREAS, an application has been filed by Leo and Elizabeth Danielides, the Owners
("Owners"), of the property located at 3001 Grant Street, Oak Brook, Illinois, which is legally described in
Exhibit A attached hereto and incorporated herein ("Property's, requesting variations from Sections 13-
6C-3F.2a and 13 -6C -3F.3 ("Variations' of the Zoning Ordinance of the Village of Oak Brook, as
amended ("Zoning Regu/ations'�, to allow for the construction of a new single family residence with a
covered deck ("New Residence and Covered Deck'; and
WHEREAS, the Property is located in the R3 Single -Family Detached Residence District ("R3
District'; and
WHEREAS, Section 13-6C-3F.2a of the Zoning Regulations does not allow for properties located
in the R3 District to have a side yard setback abutting a street less than 40 feet in depth ("Side Yard
Setback Abutting a Street'); and
WHEREAS, the New Residence will encroach into the Side Yard Setback Abutting a Street by
approximately 28 feet for a reduced side yard setback of approximately 12 feet for the length of the new
residence; and
WHEREAS, Section 13 -6C -3F.3 of the Zoning Regulations does not allow for properties located
in the R3 District to have a rear yard setback less than 40 feet in depth ("Rear Yard Setback"); and
WHEREAS, the Covered Deck of the New Residence will encroach into the Rear Yard Setback
by approximately 20 feet for a reduced rear yard setback of approximately 20 feet for the approximate 28
foot length of the Covered Deck; and
WHEREAS, on May 2, 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 Owners 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 May 24, 2017 recommended
unanimous approval of the Variations subject to certain conditions; and
WHEREAS, on June 13, 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.
FRED BUCHOLZ R2017-073351 DUPAGE COUNTY RECORDER
Ordinance 2017-ZO-V-EX-S-1499
3001 Grant Street -Variations
PIN: 06-25-301-001
Page2of8
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 13-6C-3F.2a of the Zoning Regulations to allow the New Residence to
encroach into the required 40 foot Side Yard Setback Abutting a Street by approximately 28
feet for a reduced side yard setback of approximately 12 feet for the length of the new
residence; and
2. Variation to Section 13 -6C -3F.3 of the Zoning Regulation to allow the Covered Deck of the
New Residence to encroach into the required 40 foot Rear Yard Setback by approximately 20
feet for a reduced rear yard setback of approximately 20 feet for the length of the covered
deck of approximately 28 feet; and
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 New Residence and Covered Deck shall be
constructed in substantial conformance with the Site Plan Exhibit, Page K of the case file and
prepared by Engineering Resource Associates, dated April 24, 2017, attached hereto and
incorporated herein as Exhibit B.
B. Compliance with Zoning Regulations and Village Code. The Owners shall comply with the
Zoning Regulations that are in effect on the date that the Owners submit their 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 New Residence, 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 Owners 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 Owners 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.
FRED BUCHOLZ R2017-073351 DUPAGE COUNTY RECORDER
Ordinance 2017-ZO-V-EX-S-1499
3001 Grant Street -Variations
PIN: 06-25-301-001
Page 3 of 8
Section 7. Effective Date.
A. This Ordinance will be effective only upon the occurrence of all of the following events:
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 Owners 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 Owners. 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 Owners 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 13th day of June, 2017.
Gopal G. Lalmalani
Village President
PASSED THIS 13th day of June, 2017.
Ayes: Trustees Baar, Cuevas Manzo Saived Tiesenga
Nays: None
Absent: Trustee Yusuf
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FRED BUCHOLZ R2017-073351 DUPAGE COUNTY RECORDER
ATTEST:
Charlotte K. Pruss
Village Clerk
EXHIBIT A
LEGAL DESCRIPTION
Property:
Ordinance 2017-ZO-V-EX-S-1499
3001 Grant Street -Variations
PIN: 06-25-301-001
Page 4 of 8
Lots 125 and 126 in Block 4 and the South Half of vacated 30th Street north and adjoining Lot 126
extending to the west line of Grant Street, in Westchester Park Subdivision, being a subdivision of Lots 1
and 2 of the plat of the East half of the Southwest Quarter of Section 25, Township 39 North, Range 11,
East of the Third Principal Meridian, in DuPage County, Illinois
PIN: 06-25-301-001
FRED BUCHOLZ R2017-073351 DUPAGE COUNTY RECORDER
SITE PLAN EXHIBIT
WHIMAR -xxx- L07S 125 AND 126 IN BI 4 AND THE SOUTH HALF AT VACATED XUH STRECT NORTH AND
NONAVE LAW ADJUNING LOT 126 EXTENCING TO THE VAST LINE Of GRANT STREET IN BEESUCHEATER PARK
MY MIKE +®- SABI BEING A SAI OF LOTS 1 AND 2 Of owEu..,ERI Iw.N. FMENE F FRINOPEAL MERIDIAN. IN UJI o.. TY. UU LLIraE F OF HE
MASTRI 5UTTY -x- SOUTHWEST WASTES OF SEDDON 25, TOWNSHIP 3S WORTH. RANDY 11 E.�, PLAT OF THE a TME THIRD
TREET,
TA RIP fm�
N87°52'27'E
163.15'(M) 163.00'(R)
30TH STREET
3.00'( /R) 40.00' - - - - -
587&52'27"W -- - - - - - - 40' REAR YARD 12.00'
12,00 r SETBACK
47.57'
12.50'
�
PROPOSED
RESIDENCE I o 0
29.6j'`� �.
Z > o
W
- - - - - -
� O o 29.6J
-- 16.29' _ — - — — — -'- 40' FR ONi
YARD SETBACK
~ IIII I IIII III IIII IIII IIII III II I II I II
N R2017r 073351
JUL. 209 2017 11:52 AM
PLAT PAGE COUNT: 1
r
ACCOMPANYING PAPERS:Y
129.96' (M) 130.00' (R)
587'52 27'W
DUPAGE CO RECORDER PAGE I OPKK.
sTe aue ExeieiT oa,Eo: aaRa 2
4, son SHEET 1 OF 1
FRED BUCHOLZ R2017-073351 DUPAGE COUNTY RECORDER
20
SO
3.00'( /R) 40.00' - - - - -
587&52'27"W -- - - - - - - 40' REAR YARD 12.00'
12,00 r SETBACK
47.57'
12.50'
�
PROPOSED
RESIDENCE I o 0
29.6j'`� �.
Z > o
W
- - - - - -
� O o 29.6J
-- 16.29' _ — - — — — -'- 40' FR ONi
YARD SETBACK
~ IIII I IIII III IIII IIII IIII III II I II I II
N R2017r 073351
JUL. 209 2017 11:52 AM
PLAT PAGE COUNT: 1
r
ACCOMPANYING PAPERS:Y
129.96' (M) 130.00' (R)
587'52 27'W
DUPAGE CO RECORDER PAGE I OPKK.
sTe aue ExeieiT oa,Eo: aaRa 2
4, son SHEET 1 OF 1
FRED BUCHOLZ R2017-073351 DUPAGE COUNTY RECORDER
Ordinance 2017-ZO-V-EX-S-1499
3001 Grant Street -Variations
PIN: 06-25-301-001
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 Leo and Elizabeth Danielides, as Owners
("Owners"), of the property located at 3001 Grant Street, Oak Brook, Illinois, which is legally described in
Exhibit A attached hereto and incorporated herein ("Property"), requesting variations from Section 13-
6C-3F.2a and 13 -6C -3F.3 ("Variafions'� of the Zoning Ordinance of the Village of Oak Brook, as
amended ("Zoning Regu/ations'�, to allow for the construction of a new single family residence with a
covered deck ("New Residence and Covered Deck'; and
WHEREAS, Ordinance No. 2017-ZO-V-EX-S-1499, adopted by the President and Board of
Trustees of the Village of Oak Brook on June 13, 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 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, 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 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
use of the Property, the construction of the New Residence and Covered Deck and that the Village's
issuance of any such permits 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 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 Owners 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 faw 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
FRED BUCHOLZ R2017-073351 DUPAGE COUNTY RECORDER
Ordinance 2017-ZO-V-EX-S-1499
3001 Grant Street -Variations
PIN: 06-25-301-001
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, Leo Danielides and Elizabeth Danielides, executed this Unconditional
Agreement and Consent on this •1? day of ONE , 2017.
State of Illinois )
County of DuPage )
I ��ac, f�bcq-.v
hereby certify that
a Notary Public in and for the County and State aforesaid do
Leo Danielides, personally known to me, and that he appeared before me this
�7�(; day of JUN E
2017, and acknowledged tha ersonal executed this instrument.
�„�„� s.- Notary Public
Seal GA9L V. POLANEK
OFFICIAL SEAL
Notary Public -State of ltfinois
My Commission Expires
May 01, 2018
State of Illinois )
County of DuPage )
I, toll/L l�j�.,e�iyc rr a Notary Public in and for the County and State aforesaid do
hereby certify that Elizabeth Danielides, personally known to me, and that she appeared before me this
�3M day of �uw,� 2017, and acknowledged that she personally executed this
instrument.
Notary Public
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FRED BUCHOLZ R2017-073351 DUPAGE COUNTY RECORDER
Ordinance 2017-ZO-V-EX-S-1499
3001 Grant Street -Variations
PIN: 06-25-301-001
Page 8 of 8
EXHIBIT 1
TO UNCONDITIONAL AGREEMENT AND CONSENT
LEGAL DESCRIPTION
Property:
Lots 125 and 126 in Block 4 and the South Half of vacated 30th Street north and adjoining Lot 126
extending to the west line of Grant Street, in Westchester Park Subdivision, being a subdivision of Lots 1
and 2 of the plat of the East half of the Southwest Quarter of Section 25, Township 39 North, Range 11,
East of the Third Principal Meridian, in DuPage County, Illinois
PIN: 06-25-301-001
FRED BUCHOLZ R2017-073351 DUPAGE COUNTY RECORDER