S-1557 - 01/22/2019 - VARIATION - Ordinances (2)ORDINANCE 2019-ZO-V-EX-S-1557
AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF
SECTION 13-6A-3F.1 OF TITLE 13("ZONING REGULATIONS")
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
RELATIVE TO THE FRONT YARD SETBACK FOR THE PROPERTY LOCATED AT
305 CANTERBERRY LANE IN THE VILLAGE OF OAK BROOK
PIN: 06-36-202-011
WHEREAS, an application was filed by Michael and Seana Scheid (collectively, the "Applicant')
owners of the property located at 305 Canterberry Lane, legally described in Exhibit A attached hereto and
incorporated herein ("Property's, requesting a variation to allow for the construction of a new single-family
home that will encroach into required front yard setback; and
WHEREAS, the Property is located in the R1 Single-Family Detached Residence Zoning District;
and
WHEREAS,the Applicant applied for a variation from Section 13-6A-3F.1 of the Zoning Regulations
to reduce the required front yard setback from 50 feet to 36 feet to accommodate a new single-family home
on the Property(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 allow the construction of the new single-family home that will
encroach into the required front yard setback, 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 to Section 13-6A-3F.1 of the Zoning Regulations to reduce the
required front yard setback from 50 feet to 36 feet to accommodate a new single-family home on the
Property.
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 2019-ZO-V-EX-S-1557
305 Canterberry Lane-Variation
PIN: 06-36-202-011
Page 2 of 8
A. Conformance with Plans. The development, maintenance, and operation of the Property will
be in substantial compliance with the following documents and plans attached as Group 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:
1. Site Plan&Tree Protection Plan and Existing Topography&Erosion Control Plan, prepared
by Gabriel Group, Inc., consisting of 2 sheets with a latest revision date of August 30,2018-,
2. Exterior Elevations for the Scheid Residence, prepared by Oakley Homebuilders, Inc.,
consisting of two sheets with a latest revision date of September 4, 2018;
3. Plat Overlay Variation Exhibit Showing Areas of Encroachment on page R of the case file.
B. 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. BindingEffect.ffect. 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.
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.
Ordinance 2019-ZO-V-EX-S-1557
305 Canterberry Lane-Variation
PIN: 06-36-202-011
Page 3 of 8
APPROVED THIS 22nd day of January, 2019.
Gopal G. Lalmalani
Village President
PASSED THIS 22nd day of January, 2019.
Ayes: Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, Yusuf
Nays: None
Absent: None
PG2,
Of 0q4,
9O
ATTEST:
Charlotte K. Pruss
G Village Clerk
o
A
CF
At1N'f`I ,.
Ordinance 2019-ZO-V-EX-S-1557
305 Canterberry Lane-Variation
PIN: 06-36-202-011
Page 4 of 8
EXHIBIT A
LEGAL DESCRIPTION
THE EAST 165 FEET OF THE FOLLOWING DESCRIBED PROPERTY TO-WIT: A PART OF THE WEST
2 OF THE NORTHEAST 1/4 OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING 10 CHAINS NORTH AND 10
CHAINS EAST OF THE SOUTHWEST CORNER OF SAID NORTHEAST '/4 OF SAID SECTION 36,
RUNNING THENCE EAST 9.98 CHAINS TO THE DIVISION OF '/4 SECTION; THENCE NORTH 10
CHAINS ON SAID DIVISION LINE TO A ROAD; THENCE WEST 9.96 CHAINS TO A STAKE IN ROAD;
THENCE SOUTH 10 CHAINS TO AHRENS LINE AND POINT OF BEGINNING (EXCEPT THE WEST 165
FEET THEREOF) IN DU PAGE COUNTY, ILLINOIS.
P.I.N: 06-36-202-011
The subject property is located at 305 Canterberry Lane in Oak Brook, Illinois 60523
Ordinance 2019-ZO-V-EX-S-1557
305 Canterberry Lane-Variation
PIN: 06-36-202-011
Page 5 of 8
EXHIBIT B
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Ordinance 2019-ZO-V-EX-S-1557
305 Canterberry Lane-Variation
PIN: 06-36-202-011
Page 6 of 8
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois ("Village'):
WHEREAS, an application was filed by Michael and Seana Scheid (collectively, the "Applicant'
owners of the property located at 305 Canterberry Lane, Oak Brook, Illinois, and legally described in Exhibit
1 attached hereto and incorporated herein ("Property') requesting a variation to allow for the construction
of a new single-family home that will encroach into the required front yard setback (the "Variation';
WHEREAS, Ordinance No. 2019-ZO-V-EX-S-1557, 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-1557
305 Canterberry Lane-Variation
PIN: 06-36-202-011
Page 7 of 8
IN WITNESS WHEREOF, Michael Scheid, owner, executed this Unconditional A reement and Consent on
this Z7' day of
r-540 • , 2019.
c
Michael G. 0. Scheid
State of Illinois
County of DuPage )
I, (f,44L -PdLANe-E a Notary Public in and for the County and State aforesaid do hereby
certify that Michael G. D. Scheid, personally known to me, and that he appeared before me this 4S ay
of .ANyA-(Lh 2019, and acknowledged that he personally executed this instrument.
V GAIL POLANEK S-a
OFFICIAL SEAL Notary Public
Notary Public,State of Illinois
SealMy Commission Expires
April 10, 2022Fo——— — — —
IN WITNESS WHEREOF, Seana Scheid, owner, executed this Unconditional Agreement and Consent on
this day of 2019.
Seana Scheid
State of Illinois
County of DuPage )
I, 6A4L F0 L/tvyek-a Notary Public in and for the County and State aforesaid do hereby
certify that Seana Scheid, personally known to me, and that he appeared before me this --S-At-day of
J&LVA :41 2019, and acknowledged that he personally executed this instrument.
Air
V GAIL POLANEK Notary Public
OFFICIAL SEALI* .Notary Public,State of Illinois
SealMy Commission Expires
April 10, 2022
Ordinance 2019-ZO-V-EX-S-1557
305 Canterberry Lane-Variation
PIN: 06-36-202-011
Page 8 of 8
EXHIBIT 1
LEGAL DESCRIPTION
THE EAST 165 FEET OF THE FOLLOWING DESCRIBED PROPERTY TO-WIT: A PART OF THE WEST
h OF THE NORTHEAST'/4 OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING 10 CHAINS NORTH AND 10
CHAINS EAST OF THE SOUTHWEST CORNER OF SAID NORTHEAST 1/4 OF SAID SECTION 36,
RUNNING THENCE EAST 9.98 CHAINS TO THE DIVISION OF 1/4 SECTION; THENCE NORTH 10
CHAINS ON SAID DIVISION LINE TO A ROAD; THENCE WEST 9.96 CHAINS TO A STAKE IN ROAD;
THENCE SOUTH 10 CHAINS TO AHRENS LINE AND POINT OF BEGINNING (EXCEPT THE WEST 165
FEET THEREOF) IN DU PAGE COUNTY, ILLINOIS.
P.I.N: 06-36-202-011
The subject property is located at 305 Canterberry Lane in Oak Brook, Illinois 60523