S-1426 - 05/12/2015 - VARIATION - OrdinancesII IIIIIIIIIIIN�-fIilnlllli II IN
Tx:40052368
FRED BUCHOLZ, RECORDER
DUPAGE COUNTY ILLINOIS
07/18/2019 11:29 AM
DOCUMENT # R2019-059470
(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 518 Wood Road Oak Brook Illinois 60523
If vacant land, so state and list nearest cross streets)
PIN No(s), 06.36-300-048
Name and Address of ADolicant: John Rnd MinhnsA= (.rnhnr
Name and Address of Responsible: Same
Party to Receive Copy of
Recorded Document and Billma Inhn And Mrrhapin cr..h.,r
G/L Account to be charged 10-1365 t\
Prepared By and Return'to: ( Village of Oak Brook J`
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 2015-ZO-V-EX-S-1426
AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF
SECTION 13 -6B -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
(PIN: 06-36-300-048)
WHEREAS, an application has been filed by John and Michaela Creber (the "Owners"), of the
property located at 518 Wood Road, Oak Brook, Illinois and legally described in Exhibit A attached
hereto and incorporated herein ("Property'), requesting a variation ("Variation") from Section 13-613-
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 R2 Single -Family Detached Residence District ("R2
District"); and
WHEREAS, Section 13-613-3F.3 of the Zoning Regulations does not permit for properties located
in the R2 District to have rear yard setbacks less than 60 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 Owners 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 Owners are hereby granted a variation from (i) Section 13 -6B -3F.3 to allow the Rear Yard
Setback to be reduced to approximately 48 feet (48') 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-1426
Granting a Variation from the Provisions of Section 13-66-3F.3
For 518 Wood Road
PIN: 06-36-300-048
Page 2 of 8
A. Substantial Conformance with Plans. The Addition shall be constructed in substantial
conformance with "Variance Exhibit Drawing" prepared by Genesis Surveying and
Engineering, PC and dated March 31, 2015, consisting of the one page attached hereto and
incorporated herein as Exhibit B; and
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 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 Owners 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 Owners and any and all of
the Owners' 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 Owners 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 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 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
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-1426
Granting a Variation from the Provisions of Section 13-613-3F.3
For 518 Wood Road
PIN: 06-36-300-048
Page 3 of 8
Gopal G. Lalmalani
Village President
Trustees Adler, Baar, Manzo, Moy, Wolin, Yusuf
Nays: None
None
ATTEST:
Charlotte K. Pruss
Village Clerk
Ordinance 2015-ZO-V-EX-S-1426
Granting a Variation from the Provisions of Section 13-613-3F.3
For 518 Wood Road
PIN: 06-36-300-048
Page 4 of 8
EXHIBIT A
LEGAL DESCRIPTION
Property:
The subject property is located at 518 Wood Road in Oak Brook, Illinois and the legal description is as
follows:
Parcel No. 1: The east 150 feet of the west 300 feet of the following described premises, to -wit: Part of
the east half of the southwest quarter of Section 36, Township 39 North, Range 11 East of the Third
Principal Meridian, described by commencing at the southeast corner of the southwest quarter of said
Section 36; thence west 10 chains along the section line, to the centerline of the road now known as
Washington Street; thence north, along the centerline of Washington Street, 413 feet for a place of
beginning (said place of beginning being the intersection of the centerline of Washington Street and the
north line of Wood Road extended east; the north line of Wood Road being 33 feet north of the north line
of Block 4 of Glendale Subdivision); thence north along the centerline of Washington Street, 74.57 feet;
thence west 10 chains, more or less, to the west line of the east half of the southwest quarter of said
Section 36; thence south along said west line, 74.27 feet to the north line of Wood Road aforesaid;
thence east along the north line of Wood Road, aforesaid, 10 chains, more or less, to the place of
beginning, in DuPage County, Illinois.
Parcel No. 2: The east half of the west 300 feet of a tract of land known and described as follows: Part
of the east half of the southwest quarter of Section 36, Township 39 North, Range 11 East of the Third
Principal Meridian, described by commencing at the southeast corner of the southwest quarter of said
Section 36; thence west 10 chains along the section line to the centerline of said right of way known as
Washington Street; thence north along the centerline of Washington Street 487.97 feet for a place of
beginning; thence west 10 chains, more or less, to the west line of the east half of the southwest quarter
of said Section 36; thence north along said west line 66.33 feet to an iron stake; thence east parallel with
the south line of said Section 36, 383.5 feet; thence north 3 feet; thence east parallel with the south line of
said Section 36, 116.5 feet; thence easterly 103.45 feet to a point 554.3 feet north of the south line of said
Section 36; thence east parallel with the south line of said Section 36, 56 feet, more or less, to the
centerline of Washington Street; thence south along the centerline of Washington Street, 66.33 feet to the
place of beginning, in DuPage County, Illinois. P.I.N 06-36-300-048
Ordinance 2015-ZO-V-EX-S-1426
Granting a Variation from the Provisions of Section 13-613-3F.3
For 518 Wood Road
PIN: 06-36-300-048
Page 5 of 8
Exhibit B
Site Plan
Ordinance 2015-ZO-V-EX-S-1426
Granting a Variation from the Provisions of Section 13-613-3F.3
For 518 Wood Road
PIN: 06-36-300-048
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 John and Michaela Creber (the "Owners"), of the
property located at 518 Wood Road, Oak Brook, Illinois and legally described in Exhibit A attached
hereto and incorporated herein (°Propert,V'), requesting a variation ("Variation") from Section 13-613-
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-1426, 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 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, the Owners 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 variation granted by the Ordinance may be revoked if the Owners, or any subsequent
owner of the Property, 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 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-1426
Granting a Variation from the Provisions of Section 13-613-31'.3
For 518 Wood Road
PIN: 06-36-300-048
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, John Creber executed this Unconditional Agreement and Consent on this Z 1
day of 4i4_1 2015.
Creber, Property Owner
State of Illinois
County of DuPage
a Notary Public in and for the County and State aforesaid do
hereby certify that John Creber, personally known to me, and that he appeared before me this oZ / "day
of 2015, and acknowledged that he 7rsrecuted this instrument.
OFFICIAL SEAL Notary Public
Notary Public - State of Illinois
My Corninission Expires
Se l May 01, 2018
IN WITNESS WHEREOF, Michaela Creber executed this Unconditional Agreement and Consent on this
L day of 2015
Mic aela Creber, Property Owner
State of Illinois
County of DuPage )
1, (6/17/ Po A -N 67c a Notary Public in and for the County and State aforesaid do
hereby certify that Michaela Creber, personally known to me, and that she appeared before me this
-2h4- day of 2015, and acknowledged that she personally executed this
instrument.
Notary Public
(A -AIL V. POLANEK
OFFICIAL. SEAL
S al Notary Public -State of Illinois
My Commission Expires
May 01, 2018
Ordinance 2015-ZO-V-EX-S-1426
Granting a Variation from the Provisions of Section 13-613-3F.3
For 518 Wood Road
PIN: 06-36-300-048
Page 8 of 8
LEGAL DESCRIPTION
Property:
The subject property is located at 518 Wood Road in Oak Brook, Illinois and the legal description is as
follows:
Parcel No. 1: The east 150 feet of the west 300 feet of the following described premises, to -wit: Part of
the east half of the southwest quarter of Section 36, Township 39 North, Range 11 East of the Third
Principal Meridian, described by commencing at the southeast corner of the southwest quarter of said
Section 36; thence west 10 chains along the section line, to the centerline of the road now known as
Washington Street; thence north, along the centerline of Washington Street, 413 feet for a place of
beginning (said place of beginning being the intersection of the centerline of Washington Street and the
north line of Wood Road extended east; the north line of Wood Road being 33 feet north of the north line
of Block 4 of Glendale Subdivision); thence north along the centerline of Washington Street, 74.57 feet;
thence west 10 chains, more or less, to the west line of the east half of the southwest quarter of said
Section 36; thence south along said west line, 74.27 feet to the north line of Wood Road aforesaid;
thence east along the north line of Wood Road, aforesaid, 10 chains, more or less, to the place of
beginning, in DuPage County, Illinois.
Parcel No. 2: The east half of the west 300 feet of a tract of land known and described as follows: Part
of the east half of the southwest quarter of Section 36, Township 39 North, Range 11 East of the Third
Principal Meridian, described by commencing at the southeast corner of the southwest quarter of said
Section 36; thence west 10 chains along the section line to the centerline of said right of way known as
Washington Street; thence north along the centerline of Washington Street 487.97 feet for a place of
beginning; thence west 10 chains, more or less, to the west line of the east half of the southwest quarter
of said Section 36; thence north along said west line 66.33 feet to an iron stake; thence east parallel with
the south line of said Section 36, 383.5 feet; thence north 3 feet; thence east parallel with the south line of
said Section 36, 116.5 feet; thence easterly 103.45 feet to a point 554.3 feet north of the south line of said
Section 36; thence east parallel with the south line of said Section 36, 56 feet, more or less, to the
centerline of Washington Street; thence south along the centerline of Washington Street, 66.33 feet to the
place of beginning, in DuPage County, Illinois. P.I.N 06-36-300-048
Fence Comer is
1.94'I1 and
Fence Line is
Fence Comer is 283'
Nath and 1.69' West
Found leaning hon
Pipe On Line8308'
1.09'East of
Rop$rty Comer
0.10' North of
Roperty Line �` 8958'21" C
olPmperty Coma
150.®®'Rec&M14eas.
North
Wood Fence
The nearest Special Flood Hazard
Area is located approximately 600'
northerly and is a Zone "AE" area
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associated with Salt Creek, per
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r
National Flood Insurance Program
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Flood Map No. 17043CO609 H,
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with an effective date of00
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December 16, 2004.
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56.74'
SETBACK LINE
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OPOSED 10.04' West ofRpperty Line
0.67'
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38.94' -
SETBACK LINE
EXISTING
ARAGE Lo x
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PROPOSED----
ROPOSED o
39.00'
DETACHED
DETACHED
Frame Garage
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GARAGE TO BE
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REMOVED
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Asphalt Drive
Aphalt Drive
Edo$ of Asphalt Pavement
Edge of Asphalt Pavement
N 8905724” E
150.00' Rec.&84eas.
GRAPHIC SCALE
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WOOD ROAD
0 10 20 - 40
South
33' RIGHT OF WAY
P.I.N.: 06-36-300-048
( IN FEET)
1 inch = 20 ft.
Area of Parcel: 21,166 S.F.
VARIANCE EXHIBIT DRAWINGOF
Parcel No. 1: The east 150 feet of the west 300 feet of the following described premises, to -wit:
Part of the east half of the southwest quarter of Section 36, Township 39 North, Range 11 East
of the Third Principal Meridian, described by commencing at the southeast corner of the
southwest quarter of said Section 36; thence west 10 chains along the section line, to the
centerline of the road now known as Washington Street; thence north, along the centerline of
Washington Street, 413 feet for a place of beginning (said place of beginning being the
intersection of the centerline of Washington Street and the north line of Wood Road extended
east; the north line of Wood Road being 33 feet north of the north line of Block 4 of Glendale
Subdivision); thence north along the centerline of Washington Street, 74.57 feet; thence west 10
chains, more or less, to the west line of the east half of the southwest quarter of said Section 36;
thence south along said west line, 74.27 feet to the north line of Wood Road aforesaid; thence
east along the north line of Wood Road, aforesaid, 10 chains, more or less, to the place of
beginning, in DuPage County, Illinois.
Parcel No. 2: The east half of the west 300 feet of a tract of land known and described as
follows: Part of the east half of the southwest quarter of Section 36, Township 39 North, Range
11 East of the Third Principal Meridian, described by commencing at the southeast comer of the
southwest quarter of said Section 36; thence west 10 chains along the section line to the
centerline of said right of way known as Washington Street; thence north along the centerline of
Washington Street 487.97 feet for a place of beginning; thence west 10 chains, more of less, to
the west line of the east half of the southwest quarter of said Section 36; thence north along said
west line 66.33 feet to an iron stake; thence east parallel with the south line of said Section 36,
383.5 feet; thence north 3 feet; thence east parallel with the south line of said Section 36, 116.5
feet; thence easterly 103.45 feet to a point 554.3 feet north of the south line of said Section 36;
thence east parallel with the south line of said Section 36, 56 feet, more or less, to the centerline
of Washington Street; thence south along the centerline of Washington Street, 66.33 feet to the
place of beginning, in DuPage County, Illinois.
THIS DOCUMENT IS NOT VALID WITHOUT THE SURVEYOR'S SEAL.
STATE OF ILLINOIS Ss
COUNTY COUNTY OF DUPAGE
GENESIS SURVEYING AND ENGINEERING, P.C. HEREBY CERTIFIES THAT
THIS PROFESSIONAL SERVICE WAS PERFORMED UNDER THE
DIRECTION OF AN ILLINOIS LICENSED LAND SURVEYOR. THIS
DOCUMENT IS NOT INTENDED TO BE A BOUNDARY SURVEY. ALL
DIMENSIONS ARE GIVEN IN FEET AND DECIMAL PARTS THEREOF.
BEARINGS AS SHOWN ARE ASSUMED AND ARE SO INDICATED FOR
INTERIOR ANGLES ONLY.
DATED THIS 31st DAY OF MARCH, A.D. 2015
TED G. S ALEY
ILLINOIS PROFESSIONAL LAND SUR R NO. 2348
GENESIS SURVEYING AND ENGINEERING, P.C.
LICENSE TO BE RENEWED NOVEMBER 30, 2016
5.