S-1541 - 07/10/2018 - ZONING -VARIATION - Ordinances Supporting DocumentsITEM 8.A.6
9 WOODSIDE DRIVE - LUNA
GARAGE ADDITION -VARIATION
INDEX
PAGE CONTENTS
12-12.a Staff Memorandum – Village Board Agenda – July 10, 2018
11 Ordinance S-1541 – 9 Woodside Drive – Variation – Side Yard Setback
10-10.a Zoning Board of Appeals Recommendation Letter dated June 18, 2018
9-9.d Zoning Board of Appeals Meeting Minutes dated June 5, 2018
8-8.b.Staff Report – dated May 25, 2018
7 ZBA Minutes (continuance) dated May 1, 2018
6 Letter from Applicant to Continue Hearing dated April 20, 2018
5 Aerial View of Site
4 Certificate of Publication dated April 12, 2018
3 Resident Letter dated April 9, 2018
2-2a.Board of Trustees Meeting Minutes dated April 10, 2018
1 Referral Memo – Board of Trustees Agenda dated April 10, 2018
0 Zoning Ordinance Section 13-6C-3F.2(a)
*******************
Petition Application Documents
A Petition Application – Variation
B Letter of Explanation
C-C.1 Standards for Variation
D Letter from Applicant to Neighbors dated March 22, 2018
E-E.1 Certification and List of Surrounding Property Owners
F-F.1 Subject Property Verification and Legal Description
G Fee Receipt
H Beneficial Interests Form
I-I.2 Pictures of Property from Street Frontages and Location of Proposed Addition
J Site Plan – Sheet AP-1 dated May 24, 2018
K Proposed Building Elevation – Sheet AP-3 dated May 24, 2018
L Floor Plan – Sheet Ap-2 dated May 24, 2018
M Plat of Survey dated July 19, 2017
REG BOT 071018 Agenda Item 8.A.6 - 9 Woodside Drive Ordinance S-1541-VAR
Page 1
ITEM 8.A.6
BOARD OF TRUSTEES MEETING
SAMUEL E. DEAN BOARD ROOM
BUTLER GOVERNMENT CENTER
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000
AGENDA ITEM
Regular Board of Trustees Meeting
of
July 10, 2018
SUBJECT: Jorge Luna – 9 Woodside Drive – Zoning Variation to Side Yard Setback
for New Garage Addition
FROM: Tony Budzikowski, AICP, Development Services Director
BUDGET SOURCE/BUDGET IMPACT: NA
RECOMMENDED MOTION: I move that the Village Board concur with the
recommendation from the Zoning Board of Appeals approving the requested
variation to Section 13-6C-3F.2a of the Zoning Regulations for the property located
at 9 Woodside Drive to allow the construction of a new garage addition subject to
the following:
1.The proposed development shall be constructed in substantial conformance
to the approved site plan, building elevations and floor plan as submitted;
2.Add the condition “Notwithstanding the attached exhibits, the applicant shall
meet all Village Ordinance requirements at the time of building permit
application except as specifically varied or waived”; and
3.Adoption of attached Ordinance S-1541.
Background/History:
At its meeting on May 1, 2018, the Zoning Board of Appeals held the required public
hearing on a petition from Jorge Luna, the owner of the property at 9 Woodside Drive
requesting approval of a side yard setback variation. The specific request is to Section
13-6C-3F.2a of the Oak Brook Zoning Code to construct a new attached two (2) car
garage on the property in the side yard abutting the street.
The garage addition is proposed to encroach in the side yard setback abutting Woodside
Drive and the setback would be reduced from 40 feet to approximately 15’-8”. The
proposed garage would still be setback approximately 36 feet from the edge of the
12.
REG BOT 071018 Agenda Item 8.A.6 - 9 Woodside Drive Ordinance S-1541-VAR
Page 2
Woodside Drive pavement should the request was approved because the existing
parkway is 20 feet in width.
It is worth noting that the Woodside Estates Subdivision was originally platted in 1948
and the existing single-family home was constructed in 1956 before incorporation into
the Village in 1962. The 0.41-acre or 17,713 square foot lot is zoned R-3 Single-Family
Detached Residence District and the minimum lot size in the district is 25,000 square
feet. The existing single-family lot is nonconforming and 30% smaller than the minimum
R-3 District lot size requirement.
The petitioner has indicated that the lot size, depth and shape all contribute as hardships
and are justification for the side yard setback variation. At the public hearing, no
members of the public spoke in opposition to the request and the HOA President spoke in
favor of the side yard variation request.
Please see the materials provided by the petitioner in the case file for a more detailed
description and the rationale for the requested variation.
Recommendation:
Finding that the applicant had satisfied the requirements for the requested variations, by a
vote of 4 to 0, the Zoning Board of Appeals recommended approval of the proposed
variation, subject to the following conditions:
1.The proposed development shall be constructed in substantial conformance
to the approved plans as submitted; and
2.Notwithstanding the attached exhibits, the applicant shall meet the Village
Ordinance requirements at the time of building permit application except as
specifically varied or waived.”
Please note that staff did include a prepared ordinance in this agenda packet for review
and approval (if the Board deems appropriate). Staff has prepared this ordinance in
advance in an effort to accommodate the petitioner due to the condensed Board meeting
schedule in July and August. Also, the ZBA provided an affirmative recommendation on
this request so staff believed it was appropriate to provide the ordinance on this agenda
rather than potentially wait until August 14th for approval and adoption of the necessary
ordinance.
12.a
ORDINANCE 2018-ZO-V-EX-S-1541
AN ORDINANCE GRANTING VARIATION FROM PROVISIONS OF
SECTION 13-6C-3F.2a OF TITLE 13 (“ZONING REGULATIONS”)
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
RELATIVE TO THE SIDE YARD SETBACK ABUTTING A STREET
FOR THE PROPERTY LOCATED AT
9 WOODSIDE DRIVE IN THE VILLAGE OF OAK BROOK, ILLINOIS
PIN: 06-24-203-001
WHEREAS, an application has been filed by Jorge Luna, the Owner (“Owner”), of the property
located at 9 Woodside Drive, Oak Brook, Illinois, which is legally described in Exhibit A attached hereto
and incorporated herein (“Property”), requesting a Variation from Sections 13-6C-3F.2a (“Variation”) of
the Zoning Ordinance of the Village of Oak Brook, as amended (“Zoning Regulations”), to allow for the
construction of a new, attached two (2) car garage (“New Garage Addition”); 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 to have a depth of less than 40 feet ("Side
Yard Setback Abutting a Street"); and
WHEREAS, the proposed two (2) car attached garage will encroach into the Side Yard Setback
Abutting a Street by approximately 24 ½ feet for a reduced side yard setback of approximately 15’-8”; and
WHEREAS, on May 1, 2018, the Oak Brook Zoning Board of Appeals ("ZBA") conducted a public
hearing on the application for the requested Variation, pursuant to due and appropriate legal notice; 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 June 18, 2018 recommended
unanimous approval of the Variation subject to certain conditions; and
WHEREAS, on July 10, 2018, 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 Variation to the Zoning Regulations have been met and the Village President and the Board of
Trustees 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. Restatement and Grant of Variation. 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 a Variation to the Zoning Regulations to permit:
11.
Ordinance 2018-ZO-V-EX-S-1541
9 Woodside Drive - Variation
PIN: 06-24-203-001
Page 2 of 8
A.Variation to Section 13-6C-3F.2a of the Zoning Regulations to allow the New Garage Addition
to encroach into the required 40-foot Side Yard Setback Abutting a Street by approximately 24
½ feet for a reduced side yard setback of approximately 15’-8”; 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 Garage Addition shall be constructed in
substantial conformance with the Site Plan Exhibit and Conceptual Building Elevation Exhibit
attached hereto and incorporated herein collectively as Exhibit B.
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 New Garage 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 its
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
("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 will have the right, in their sole discretion,
to declare this Ordinance null and void and of no force or effect.
Ordinance 2018-ZO-V-EX-S-1541
9 Woodside Drive - Variation
PIN: 06-24-203-001
Page 3 of 8
APPROVED THIS 10th day of July, 2018.
Gopal G. Lalmalani
Village President
PASSED THIS 10th day of July, 2018.
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
Ordinance 2018-ZO-V-EX-S-1541
9 Woodside Drive - Variation
PIN: 06-24-203-001
Page 4 of 8
EXHIBIT A
LEGAL DESCRIPTION
Property:
LOT 9 IN WOODSIDE ESTATES, BEING A SUBDIVISION IN THE WEST 1/2 OF THE NORTHEAST 1/4
OF SECTION 24, TOWNSHIP 39, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 26, 1948 AS DOCUMENT
556874, IN DUPAGE COUNTY, ILLINOIS
PIN: 06-24-203-001
Ordinance 2018-ZO-V-EX-S-1541
9 Woodside Drive - Variation
PIN: 06-24-203-001
Page 5 of 8
EXHIBIT B
SITE PLAN and BUILDING ELEVATIONS
GSPublisherVersion 46.0.95.81
AP-1
Scale:as shown
Sheet #
22'-0"23'-0"40'-0"15'-8"1
2
"
-
0
"40'-0"4
0
'
-
0
"
21'-0"21'-0"12"12"
roof overhang
EXISTING 1 STORY
BRICK/ FRAME
RESIDENCE #9
NEW
2 CAR
GARAGE
new
drivewayinterior yard setbackright yar
d s
et
b
a
c
k
fro
n
t
y
a
r
d
s
e
t
b
a
c
k
corner
y
ar
d
setba
c
k
exist. frontporch
exist.wooddeck
exist. AC
exist. driveway& sidewalkno change
380 sf.new garage areaof encroachmentinto setbackarea ofgarageallowed
existinghouse area ofencroachmentinto setback
SCALE: 1" = 20'
Architectural Site Plan
Expires:
05.24. 2018
11. 30. 2018
2 CAR GARAGE ADDITION TO
EXISTING SINGLE FAMILY
RESIDENCE
9 WOODSIDE DRIVE
OAKBROOK *** ILLINOIS
Leader. architect @ gmail. com
708-715-5005 1701 s. First avenue
Maywood. IL 60153License 184.007210eco design. Ltd
9 WOODSIDE DRIVE
OAKBROOK *** ILLINOIS
Zoning - R-3Front yard - 40'-0"Interior side yard - 12'-0"Corner yard - 40'-0"Rear yard - 40'-0"
Proposed -15'-8"
Note:See elevations forroof overhang
GSPublisherVersion 46.0.95.81
AP-3
Scale:as shown
Sheet #
existinghouse
new thinstone veneerper manufact.specification
trim &flashing
..existing new15'-9" existing2'-0"existinghouse
roofsaddle
..existing
Zoning & Building data:
* Zoning district: R-3
* Lot area:17713 sf.
* Front yard 40'-0"
* Side yard 40'-0"
* Rear yard 40'-0"
* Interior yard 12'-0"
* Building height existing
* First floor: (exist) 1552 sf.
* New garage:441 sf.
* Total:1993 sf.
Type of construction - V
6"
new 2 cargarage
5/12
new thinstone veneerper manufact.specification
..
mat
c
h
e
x
i
s
t
.
new
±0"
-1 grade level
+1'-6"
1 first floor
+9'-6"
2 ceiling line
new2 car garage
new sidingmatch existing
Right Elevation - North
Front Elevation - East
05.24. 2018
Ordinance 2018-ZO-V-EX-S-1541
9 Woodside Drive - Variation
PIN: 06-24-203-001
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 Jorge Luna, as Owner (“Owner”), of the property
located at 9 Woodside Drive, Oak Brook, Illinois, which is legally described in Exhibit A attached hereto
and incorporated herein (“Property”), requesting a Variation from Section 13-6C-3F.2a (“Variation”) of
the Zoning Ordinance of the Village of Oak Brook, as amended (“Zoning Regulations”), to allow for the
construction of a new attached two (2) car-garage (“New Garage Addition”); and
W HEREAS, Ordinance No. 2018-ZO-V-EX-S-1541, adopted by the President and Board of
Trustees of the Village of Oak Brook on July 10, 2018 (“Ordinance”), grants approval of the Variation,
subject to certain modifications, conditions, restrictions, and provisions; and
W HEREAS, Section 7 of the Ordinance provides, among other things, that the Ordinance will be of
no force or effect unless and until 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, Owner does hereby agree and covenants 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 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 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
use of the Property, the construction of the New Garage and that the Village’s issuance of any such permits
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 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 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 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.
Ordinance 2018-ZO-V-EX-S-1541
9 Woodside Drive - Variation
PIN: 06-24-203-001
Page 7 of 8
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, Jorge Luna, owner, executed this Unconditional Agreement and Consent on this
____ day of __________, 2018.
___________________________________
Jorge Luna
State of Illinois )
)
County of DuPage )
I, ____________________________ a Notary Public in and for the County and State aforesaid do hereby
certify that Jorge Luna, personally known to me, and that he appeared before me this _____ day of
_________________, 2018, and acknowledged that he personally executed this instrument.
__________________________________
Notary Public
Seal
Ordinance 2018-ZO-V-EX-S-1541
9 Woodside Drive - Variation
PIN: 06-24-203-001
Page 8 of 8
EXHIBIT 1
TO UNCONDITIONAL AGREEMENT AND CONSENT
LEGAL DESCRIPTION
Property:
LOT 9 IN WOODSIDE ESTATES, BEING A SUBDIVISION IN THE WEST 1/2 OF THE NORTHEAST 1/4
OF SECTION 24, TOWNSHIP 39, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 26, 1948 AS DOCUMENT
556874, IN DUPAGE COUNTY, ILLINOIS
PIN: 06-24-203-001
VILLAGE Of OAKB��
June 18, 2018
Village President and Board of Trustees
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523
BUTLER GOVERNMENT CENTER
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60523
Subject: 9 Woodside Drive -Variation -To permit the construction of a two-car
garage in a side yard abutting a street
Dear Village President and Board of Trustees
At its meeting on June 5, 2018, the Zoning Board of Appeals held the required public
hearing on a petition from Jorge Luna, owner of the property located at 9 Woodside
Drive, seeking approval of a variation to the Zoning Ordinance to Section 13-6C-
3F .2(a). The applicant is seeking the variation in order to construct a two-car garage
onto the existing residence. The relief sought is to allow a reduction of the required side
yard abutting a street setback from 40 feet to 15 feet 8 inches to accommodate the
addition.
Please see the materials provided by the petitioner in the case file for a more detailed
description of this request.
Public Comment
All interested parties were notified of the public meeting. The Woodside Estate's
Homeowner Association President spoke in support of the request and complimented
the renovations being made to the home. No one spoke in opposition to the requested
variation.
Recommendation
The applicant addressed the standards in writing on pages C-C.1 of the case file and by
their testimony at the public hearing.
By a vote of 4 to 0, the Zoning Board of Appeals recommended approval of the
requested variation to Section 13-6C-3F.2(a). The recommendation of approval to allow
a reduction of the required side yard setback abutting a street from 40 feet to
approximately 15 feet 8 inches to accommodate the new 2-car garage addition was
subject to the following conditions:
1.The proposed addition shall be construction in substantial conformance to the
approved plans as submitted.
10
GSPublisherVersion 46.0.95.81
AP-1
Scale:as shown
Sheet #
22'-0"23'-0"40'-0"15'-8"1
2
"
-
0
"40'-0"4
0
'
-
0
"
21'-0"21'-0"12"12"
roof overhang
EXISTING 1 STORY
BRICK/ FRAME
RESIDENCE #9
NEW
2 CAR
GARAGE
new
drivewayinterior yard setbackright yar
d s
et
b
a
c
k
fro
n
t
y
a
r
d
s
e
t
b
a
c
k
corner
y
ar
d
setba
c
k
exist. frontporch
exist.wooddeck
exist. AC
exist. driveway& sidewalkno change
380 sf.new garage areaof encroachmentinto setbackarea ofgarageallowed
existinghouse area ofencroachmentinto setback
SCALE: 1" = 20'
Architectural Site Plan
Expires:
05.24. 2018
11. 30. 2018
2 CAR GARAGE ADDITION TO
EXISTING SINGLE FAMILY
RESIDENCE
9 WOODSIDE DRIVE
OAKBROOK *** ILLINOIS
Leader. architect @ gmail. com
708-715-5005 1701 s. First avenue
Maywood. IL 60153License 184.007210eco design. Ltd
9 WOODSIDE DRIVE
OAKBROOK *** ILLINOIS
Zoning - R-3Front yard - 40'-0"Interior side yard - 12'-0"Corner yard - 40'-0"Rear yard - 40'-0"
Proposed -15'-8"
Note:See elevations forroof overhang
J
GSPublisherVersion 46.0.95.81
AP-2
Scale:as shown
Sheet #FDW
2'-0"
4'-0"3'-0"6'-8"16'-0"8'-0"2'-4"
4'-0"
2'-4"
4'-0"2'-4"6'-8"2'-4"6'-8"5'-0"6'-8"4'-0"
6'-8"
2'-4"
6'-8"
DR W
21'-0"21'-0"7'-0"8'-0"6'-0"10'-6"10'-6"up2Rdn3R..
new2 cargarage
exist.residence
existing new
new driveway
exist.1 cargarage2'-4"3'-0"6'-0"6'-8"2'-6"
6'-8"
N SCALE: 1:70.59
First Floor Plan
05.24. 2018
K
GSPublisherVersion 46.0.95.81
AP-3
Scale:as shown
Sheet #
existinghouse
new thinstone veneerper manufact.specification
trim &flashing
..existing new15'-9" existing2'-0"existinghouse
roofsaddle
..existing
Zoning & Building data:
* Zoning district: R-3
* Lot area:17713 sf.
* Front yard 40'-0"
* Side yard 40'-0"
* Rear yard 40'-0"
* Interior yard 12'-0"
* Building height existing
* First floor: (exist) 1552 sf.
* New garage:441 sf.
* Total:1993 sf.
Type of construction - V
6"
new 2 cargarage
5/12
new thinstone veneerper manufact.specification
..
mat
c
h
e
x
i
s
t
.
new
±0"
-1 grade level
+1'-6"
1 first floor
+9'-6"
2 ceiling line
new2 car garage
new sidingmatch existing
Right Elevation - North
Front Elevation - East
05.24. 2018
L