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S-1346 - 09/25/2012 - VARIATION - OrdinancesuurHut COUNTY RECORDER OCT.28,2015 8:37 AM OTHER $38.00 06-24-402-028 012 PAGES R2015 -119014 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, IL 60523-2255 RECORDED DOCUMENT TITLE PAGE Title of Document: ORDINANCE 2012-ZO-V-EX-S-1346 AN ORDINANCE APPROVING A VARIATION FROM THE PROVISIONS OF SECTION 13-12-3H.2 OF TITLE 13 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO PARKING SPACES IN THE REQUIRED FRONT YARD FOR THE PROPERTY COMMONLY KNOWN AS 2021 SWIFT DRIVE IN THE VILLAGE OF OAK BROOK, ILLINOIS Property Address/es 2021 Swift Drive, Oak Brook, Illinois 60523 If vacant land, so state and list nearest cross streets) PIN No(s). 06-24-402-028 Name and Address of Applicant: Joseph F. Cantore 925 S. Route 83. Elmhurst. IL 60126 Name and Address of Responsible: Same Party to Receive Copy of Recorded Document and Billing Joseph F. Cantore 925 S. Route 83. Elmhurst. IL 60126 = G/L Account to be charged Prepared By and Return to: 10-1365 Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 605 Name &Address of Recipient \ N/A of Consideration (when applicable): G/L Account to be charged: FRED BUCHOLZ R2015-119014 DUPAGE COUNTY RECORDER �. �; �, ORDINANCE 2012-ZO-V-EX-S-1346 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13-12-3H.2 OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO PARKING SPACES IN THE REQUIRED FRONT YARD FOR THE PROPERTY AT 2021 SWIFT DRIVE IN THE VILLAGE OF OAK BROOK, ILLINOIS (PIN: 06-24-402-028) WHEREAS, an application has been filed by Joseph F. Cantore ("Owner') requesting a variation from Section 13-12-3H.2 ("Variation") of the "Zoning Ordinance of the Village of Oak Brook," as amended ("Zoning Regulations"), to allow for the construction of 39 additional parking spaces ("Parking Spaces") in the required front yard setback on the property located at 2021 Swift Drive, Oak Brook, Illinois and legally described in Exhibit A attached hereto and incorporated herein ("Property'); and WHEREAS, the Property is located in the ORA -1 Office -Research -Assembly District ("ORA -1 District'); and WHEREAS, Section 13-12-3H.2 of the Zoning Regulations does not allow for properties located within the ORA -1 District to have more than six (6) parking spaces located in the required front yard; and WHEREAS, the Parking Spaces will exceed the number of parking spaces allowed in the required front yard setback in an ORA -1 District, and WHEREAS, on June 19 and August 7, 2012, 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 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 September 5, 2012, 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 13-14-61D of the Zoning Regulations, and subject to and contingent on the conditions set forth in Section 3 of this Ordinance, the Owner is hereby granted a variation from Section 13-12-31-1.2 of the Zoning Regulations to allow for 45 parking spaces to be located in the required front yard setback of 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. Substantial Conformance with Plans. constructed in substantial conformance incorporated herein as Exhibit B; Ordinance 2012-ZO-V-EX-S-1346 Granting a Variation from the Provisions of Section 13-12-31-1.2 For 2021 Swift Drive PIN: 06-24-402-028 Page 2 of 8 The Parking Spaces and landscaping shall be with the approved plans, attached hereto and B. Compliance with Zoning Regulations and Village Code. The Owner shall comply with the Zoning Regulations and all of the provisions contained in the "Village Code of the Village of Oak Brook, Illinois," as amended, that were in effect on the date that the Owner submitted his building permit application to the Village except as specifically varied or waived; and C. Compliance with Applicable Law. In addition to the other specific requirements of this Ordinance, the Property, the Parking Spaces and landscaping, 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 of the Property 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; Non -Transferability. 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 the Owner'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: Passage by the President and Board of Trustees of the Village of Oak Brook in the manner required by law; 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 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 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 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] Ordinance 2012-ZO-V-EX-S-1346 Granting a Variation from the Provisions of Section 13-12-31-1.2 For 2021 Swift Drive PIN: 06-24-402-028 Page 3 of 8 APPROVED THIS 25th day of September, 2012 w Gopal G. Lalmalani Village President PASSED THIS 25th day of September, 2012. Ayes: Trustees Aktipis, Manzo, Moy, Wolin and Yusuf None Absent: Trustee Zannis ATTEST: 94j��Y - Charlotte K. Pruss Village Clerk Ordinance 2012-ZO-V-EX-S-1346 Granting a Variation from the Provisions of Section 13-12-31-1.2 For 2021 Swift Drive PIN: 06-24-402-028 Page 4 of 8 EXHIBIT A LEGAL DESCRIPTION Property: LOT 1 IN STALEY-ANKER SUBDIVISION IN SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 13, 1971, AS DOCUMENT R71-1399 IN DUPAGE COUNTY, ILLINOIS. Commonly known as 2021 Swift Drive, Oak Brook, IL PIN: 06-24-402-028 Ordinance 2012-ZO-V-EX-S-1346 Granting a Variation from the Provisions of Section 13-12-31-1.2 For 2021 Swift Drive PIN: 06-24-402-028 Page 5 of 8 Exhibit B Site Plan and Landscape Plan PAVEMENT STRIPING NOTES 1. Parking Spaces are 9 %-Mo. by 18' long. Handicap spaces are 16vride. Refer to detail for accessible parking stall on sheet C -12D. 2. Marking paint shall be High Quality Traffic paint intended for striping asphalt Parking lots. Color yellav Width: 4" Coverage Rale: 450 feel per gallon per IDOT Artide 780. ass area shall have 45 degree, 4" vnde yellow diagonal RRi!IL 9C+1 aeseRveo FLEXIBLE PAVEMENT SECTION vna we cCNCRETE—ELITOv 11 S. 2' HVA SURFACE COURSE 0 9 s-12 CURB 0 6 6ARR- k GURER NR6 �e z 3250 FINE ;) 2•corA aASE TEXT -"RESERVED PARKING" FIN TEXT- "5250 FINE" io cuuuwt unrrnvy ME A cPusREo ACCESSIBLE PARKING STALL SUSDTS COURSE r:aT TO SCILE ACCESS. PARICG SPACE SIGN PARKING LOT s vrith Brick Red. 5" CONC, 4' 1 -in —E SIDEWALK 6-K- (1) . y raum u-:tna� p cca�ewua e p �wvrr.T�.r�,r.Fa ©.tea I C-3 I ORNAMENTAL GRASS TYP. EVERGREEN SHRUBS TYP. CROSS SECTION I EVERGREEN TREE TYP. PERENNIALS TYP. ORNAMENTAL GRASS TYP. SHADE TREE TYP. N.T.S. CONCEPTUAL LANDSCAPE MASTER PLAN N.T.S. CONCEPTUAL CROSS SECTION I ADDITIONAL PLANTINGS TO ENHANCE EXISTING SCREENING EXISTING TREE TYP. z PJ 21EM O W u _ s Y' Q1 V EXISTING TREE TYP. ADDITIONAL PLANTINGS TO ENHANCE EXISTING SCREENING 20Aj SWIFT DRIVE, OAK BROOK, ILLINOIS NOTE ALL NEW SITE CHANGES WILL MEET AND/OR EXCEED CITY DESIGN STANDARDS. N.T.S. CONCEPTUAL CROSS SECTION 2 Ex fa) CANTORE CONSTRUCTION 925 S ROUTE 83 ELMHURST, IL 60126 Ordinance 2012-ZO-V-EX-S-1346 Granting a Variation from the Provisions of Section 13-12-3H.2 For 2021 Swift Drive PIN: 06-24-402-028 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 Joseph F. Cantore ("Owner') requesting a variation from Section 13-12-3H.2 ("Variation") of the "Zoning Ordinance of the Village of Oak Brook," as amended ("Zoning Regulations"), to allow for allow for 45 parking spaces to be located in the required front yard setback ("Parking Spaces") on the property located at 2021 Swift Drive, Oak Brook, Illinois and legally described in Exhibit A attached hereto and incorporated herein ("Property'); and WHEREAS, Ordinance No. 2012-ZO-V-EX-S-1346, adopted by the President and Board of Trustees of the Village of Oak Brook on September 25, 2012 ("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 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, the Owner does hereby agree and covenant as follows 1. The Owner does hereby unconditionally agree to accept, consent to, ' and abide by all of the terms, conditions, restrictions, and provisions of the Ordinance. 2. The Owner acknowledges and agrees 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 construction or use of Parking Spaces on 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 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 such parties in connection with the construction, operation, and use of the Parking Spaces, the Property, or the Village's adoption of the Ordinance. 5. 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. Ordinance 2012-ZO-V-EX-S-1346 Granting a Variation from the Provisions of Section 13-12-31-1.2 For 2021 Swift Drive PIN: 06-24-402-028 Page 7 of 8 EXHIBIT A TO UNCONDITIONAL AGREEMENT AND CONSENT LEGAL DESCRIPTION Property: LOT 1 IN STALEY-ANKER SUBDIVISION IN SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 13, 1971, AS DOCUMENT R71-1399 IN DUPAGE COUNTY, ILLINOIS. Commonly known as 2021 Swift Drive, Oak Brook, IL PIN: 06-24-402-028 Ordinance 2012-ZO-V-EX-S-1346 Granting a Variation from the Provisions of Section 13-12-31-1.2 For 2021 Swift Drive PIN: 06-24-402-028 Page 8 of 8 IN WITNESS WHEREOF, Joseph F. Cantore executed this Unconditional Agreement and Consent this 3rd day of_0 cM ve K— 2012 Joh tore State of Illinois County of DuPage I, Q4 ( POCAVA/ C& a Notary Public in and for the County and State aforesaid do hereby certify that Joseph F. Cantore, personally known to me, and that he appeared before me this 9I - day of ® e-fv b-ee- 2012, and acknowledged that he personally executed this instrument. Notary Public LN11018 0'2I #3L SIBESeal t��►I PC�t ANEy P� sE�ii� ��t at ofll4mession t xi Jt1l 12,20