S-1556 - 01/22/2019 - VARIATION - Ordinances Supporting DocumentsREG BOT 012219 Agenda Item 6.D.1 706 St. Josephs -Var-final ord memo.doc
Page 1
ITEM 6.D.1.
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
January 22, 2019
SUBJECT: Khalid Badwan – 706 St. Josephs Drive – Zoning Variation to the Side
Yard Setback for HVAC and Generator Equipment
FROM: Tony Budzikowski, AICP, Development Services Director
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to approve Ordinance S-1556, which
approves a variation to Section 13-3-6B of the Zoning Regulations for the property
located at 706 St. Josephs Drive to permit and allow the maintenance of new HVAC
and generator equipment in the side yard setback.
Background/History:
At the January 8, 2019 meeting, the Village Attorney was directed to prepare the
necessary ordinance granting approval of a variation for the property located at 706 St.
Josephs Drive to permit and allow the maintenance of new HVAC and generator
equipment in the side yard setback.
Recommendation:
Approve Ordinance S-1556
ORDINANCE 2019-ZO-V-EX-S-1556
AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF
SECTION 13-3-6B OF TITLE 13 (“ZONING REGULATIONS”)
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
RELATIVE TO THE SIDE YARD SETBACK FOR THE PROPERTY LOCATED AT
706 ST. JOSEPHS DRIVE IN THE VILLAGE OF OAK BROOK
PIN: 06-34-204-038
WHEREAS, an application was filed by Khalid Badwan (“Applicant”) owner of the property located
at 706 St. Josephs Drive, legally described in Exhibit A attached hereto and incorporated herein
("Property"), requesting a variation to allow for the placement of HVAC and generator equipment that
encroaches into the required side yard setback; and
WHEREAS, the Property is located in the R3 Single-Family Detached Residence Zoning District;
and
WHEREAS, the Applicant applied for a variation from Section 13-3-6(B) of the Zoning Regulations
to reduce the required side yard setback for HVAC and generator equipment from 12 feet to 9 feet (the
“Variation”); and
WHEREAS, on December 4, 2018, the Oak Brook Zoning Board of Appeals ("ZBA") conducted a
public hearing, pursuant to due and appropriate legal notice, on the application for the requested Variation;
and
WHEREAS, after the close of the public hearing, the ZBA found that the Applicant 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 delivered to the President and Board of Trustees dated December 17, 2018,
recommended approval of the Variation to reduce the required side yard setback from 12 feet to 9 feet to
allow for the placement of HVAC and generator equipment on the Property, subject to certain conditions;
and
WHEREAS, on January 8, 2019, the Village President and the Board of Trustees 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.
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 variance from Section 13-3-6(B) of the Zoning Regulations to reduce the
required side yard setback from 12 feet to 9 feet to allow for the placement of HVAC and generator
equipment on the Property.
Ordinance 2019-ZO-V-EX-S-1556
706 St. Josephs Drive - Variation
PIN: 06-34-204-038
Page 2 of 8
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. Conformance with Site Plan. The development, maintenance, and operation of the Property will
be in substantial compliance with the Site Plan for the Property attached as Exhibit B and, by this
reference, made a part of this Ordinance, except for minor changes and site work approved by the
Development Services Director in accordance with all applicable Village rules, regulations, and
ordinances.
B. Noise Dampening Systems. The HVAC units to be placed on the Property must have noise
dampening systems installed.
C. Performance Standards. All equipment installed on the Property must be maintained in compliance
with the Village’s Performance Standards contained in Section 13-3-10 of the Zoning Regulations.
D. Screening. The Applicant must install screening to block the HVAC and generator equipment that
is installed on the Property from all property lines, as approved by the Development Services
Director.
E. Compliance with Village Codes. Notwithstanding the exhibits attached to this Ordinance, the
Applicant shall comply with all applicable Village ordinances, codes, rules, and regulations, as
amended, at the time of building permit application, unless expressly waived or varied. The
Property 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, as amended.
Section 4. Failure to Comply with Conditions. Upon failure or refusal of the Applicant 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 Applicant and any and all of the
Applicant’s 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 Applicant 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 Applicant.
The unconditional agreement and consent must be substantially in the form
attached hereto and incorporated herein as Exhibit C.
Ordinance 2019-ZO-V-EX-S-1556
706 St. Josephs Drive - Variation
PIN: 06-34-204-038
Page 3 of 8
B. In the event that the Applicant 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 22nd day of January, 2019.
Gopal G. Lalmalani
Village President
PASSED THIS 22nd day of January, 2019.
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
Ordinance 2019-ZO-V-EX-S-1556
706 St. Josephs Drive - Variation
PIN: 06-34-204-038
Page 4 of 8
EXHIBIT A
LEGAL DESCRIPTION
LOT 82, IN TRINITY LAKES UNIT NO.2, A SUBDIVISION OF PART OF FRACTIONAL SECTION 34,
LYING NORTH AND SOUTH OF THE INDIAN BOUNDARY LINE, IN TOWNSHIP 39 NORTH, RANGE 11
EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
OCTOBER 14, 1981 AS DOCUMENT R81-55561, IN DUPAGE COUNTY, ILLINOIS
P.I.N: 06-34-104-038
The subject property is located at 706 St. Josephs Drive in Oak Brook, Illinois 60523
Ordinance 2019-ZO-V-EX-S-1556
706 St. Josephs Drive - Variation
PIN: 06-34-204-038
Page 5 of 8
EXHIBIT B
Site Plan
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Ordinance 2019-ZO-V-EX-S-1556
706 St. Josephs Drive - Variation
PIN: 06-34-204-038
Page 6 of 8
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois (“Village”):
WHEREAS, an application was filed by Khalid Badwan (“Applicant”) owner of the property located
at 706 St. Josephs Drive, Oak Brook, Illinois, and legally described in Exhibit 1 attached hereto and
incorporated herein (“Property”) requesting a variation to reduce the required side yard setback from 12
feet to 9 feet to allow for the placement of HVAC and generator equipment on the Property (the
“Variation”);
WHEREAS, Ordinance No. 2019-ZO-V-EX-S-1556, adopted by the President and Board of
Trustees of the Village of Oak Brook on January 22, 2019 (“Ordinance”), grants approval of the Variation,
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 the Applicant 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 Applicant does hereby agree and covenants as follows:
1. The Applicant hereby unconditionally agrees to accept, consent to, and abide by all of the terms,
conditions, restrictions, and provisions of the Ordinance.
2. The Applicant acknowledges that public notices and hearings have been properly given and held
with respect to the adoption of the Ordinance has considered the possibility of the revocation provided for
in the Ordinance, and agrees not to challenge any such revocation on the grounds of any procedural
infirmity or a denial of any procedural right.
3. The Applicant 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, and that the Village’s issuance of any such permits does not, and will not, in any
way, be deemed to insure the Applicant against damage or injury of any kind and at any time.
4. The Applicant 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.
[SIGNATURE PAGE FOLLOWS]
Ordinance 2019-ZO-V-EX-S-1556
706 St. Josephs Drive - Variation
PIN: 06-34-204-038
Page 7 of 8
IN WITNESS WHEREOF, Khalid Badwan, owner, executed this Unconditional Agreement and Consent on
this ____ day of __________, 2019.
___________________________________
Khalid Badwan
State of Illinois )
)
County of DuPage )
I, ____________________________ a Notary Public in and for the County and State aforesaid do hereby
certify that Khalid Badwan, personally known to me, and that he appeared before me this _____ day of
_________________, 2019, and acknowledged that he personally executed this instrument.
__________________________________
Notary Public
Seal
Ordinance 2019-ZO-V-EX-S-1556
706 St. Josephs Drive - Variation
PIN: 06-34-204-038
Page 8 of 8
EXHIBIT 1
LEGAL DESCRIPTION
LOT 82, IN TRINITY LAKES UNIT NO.2, A SUBDIVISION OF PART OF FRACTIONAL SECTION 34,
LYING NORTH AND SOUTH OF THE INDIAN BOUNDARY LINE, IN TOWNSHIP 39 NORTH, RANGE 11
EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
OCTOBER 14, 1981 AS DOCUMENT R81-55561, IN DUPAGE COUNTY, ILLINOIS
P.I.N: 06-34-104-038
The subject property is located at 706 St. Josephs Drive in Oak Brook, Illinois 60523