S-1562 - 03/12/2019 - VARIATION - OrdinancesORDINANCE 2019-ZO-V-EX-S-1562
AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF
SECTION 13-6C-3F.1 AND 13-6C-3F.2(a) OF TITLE 13 (“ZONING REGULATIONS”)
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
RELATIVE TO THE SETBACKS FOR THE FRONT YARD AND SIDE YARD (ABUTTING A STREET)
FOR THE PROPERTY LOCATED AT
42 WOODSIDE DRIVE IN THE VILLAGE OF OAK BROOK
PIN: 06-24-204-003
WHEREAS, an application was filed by Danny Bogojevich (the “Applicant”) owner of the property
located at 42 Woodside Drive, legally described in Exhibit A attached hereto and incorporated herein
("Property"), requesting variations to allow for the construction of a 3-car garage addition and a bedroom
addition for an existing single-family home that will encroach into required setbacks for the front yard and
side yard (abutting a street); and
WHEREAS, the Property is located in the R3 Single-Family Detached Residence Zoning District;
and
WHEREAS, the Applicant applied for variations from Section 13-6C-3.F.1 of the Zoning
Regulations to reduce the required front yard setback from 40 feet to 11 feet and 13-6C-3.F.2(a) of the
Zoning Regulations to reduce the required side yard setback (abutting a street) from 40 feet to 24.5 feet to
accommodate a bedroom addition to an existing single-family home on the Property (the “Variations”);
and
WHEREAS, on February 5, 2019, 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 Variations set forth in Section 13-14-6D of the Zoning
Regulations and, in a letter delivered to the President and Board of Trustees dated February 15, 2019,
recommended approval of the Variations to allow the construction of a 3-car garage addition and a
bedroom addition for an existing single-family home that will encroach into the required front yard setback
and side yard setback (abutting a street), subject to certain conditions; and
WHEREAS, on February 26, 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.
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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 variations to Sections 13-6C-3F.1 and 13-6C-3.F.2(a) of the Zoning Regulations
to reduce the required front yard setback from 40 feet to 11 feet for a 3-car garage and 40 feet to 24.5 feet
for a bedroom addition for an existing 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:
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, prepared by Smith Architecture, consisting of 1 sheet;
2. Exterior Elevations, prepared by Smith Architecture, consisting of 1 sheet;
3. 1st Floor Construction Plan, prepared by Smith Architecture, consisting of 1 sheet.
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. 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
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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.
APPROVED THIS 12th day of March, 2019.
a
Gopal G. Lalmalani
Village President
PASSED THIS 12' day of March, 2019.
Ayes: Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, Yusuf
Nays: None
Absent: None
E
0 P UAk
y9 ATTEST:
C Charlotte K. Pruss
G -r Village Clerk
OUN I
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EXHIBIT A
LEGAL DESCRIPTION
Lot 42 in Woodside Estates, being a subdivision in the west 1/2 of the northeast 1/4
of section 24, township 39 north, range 11, east of the third principal meridian,
according to the plat thereof recorded October 26, 1948 as document 556874 in
DuPage county, Illinois.
P.I.N: 06-24-204-003
The subject property is located at 42 Woodside Drive in Oak Brook, Illinois 60523
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EXHIBIT B
APPROVED PLANS
[Attached]
Exhibit B1
Exhibit B2
Exhibit B3
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EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois (“Village”):
WHEREAS, an application was filed by Danny Bogojevich (the “Applicant”) owner of the property
located at 42 Woodside Drive, Oak Brook, Illinois, and legally described in Exhibit 1 attached hereto and
incorporated herein (“Property”) requesting variations to allow the construction of a 3-car garage addition
and a bedroom addition for an existing single-family home that will encroach into required setbacks for the
front yard and side yard (abutting a street) (the “Variations”);
WHEREAS, Ordinance No. 2019-ZO-V-EX-S-1562, adopted by the President and Board of
Trustees of the Village of Oak Brook on March 12, 2019 (“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 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]
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EXHIBIT 1
LEGAL DESCRIPTION
Lot 42 in Woodside Estates, being a subdivision in the west 1/2 of the northeast 1/4
of section 24, township 39 north, range 11, east of the third principal meridian,
according to the plat thereof recorded October 26, 1948 as document 556874 in
DuPage county, Illinois.
P.I.N: 06-24-204-003
The subject property is located at 42 Woodside Drive in Oak Brook, Illinois 60523
Ordinance 2019-ZO-V-EX-S-1562
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PIN: 06-24-204-003
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