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S-1426 - 05/12/2019 - VARIATION - Ordinances yG�OF OAK B9 0 ® e d N G � 0 CFOOUNI". August 7, 2019 Village Of Oak Brook 1200 Oak Brook Road Oak Brook,IL 60523-2255 John and Michaela Creber Website 518 Wood Road www.oak-brook.ore Oak Brook, IL 60523 Administration 630.368.5000 Re: Recorded Document on July 18, 2019 FAX 630.368.5045 Ordinance 2015-ZO-V-EX-S-1426 R2019-059470 Development Services 630.368.5100 FAX 630.368.5128 Fire Department Dear Mr. & Mrs. Creber: 630.368.5200 FAX 630.368.5251 A copy of the above-mentioned document is enclosed for your records. Police Department This is important information and should be retained in a secure area 630.368.8700 within your files. FAX 630.368.8739 Please do not hesitate to contact me at 630-368-5036 if you have any Public Works tithis matter. Department questions regarding 630.368.5270 FAX 630.368.5295 Sincerely, Oak Brook Public Library 600 Oak Brook Road Kathy Vonachen Oak Brook,IL 60523 Deputy Clerk 630.368.7700 FAX 630.368.7704 Oak Brook Snorts Core Enclosure Bath&Tennis Club 700 Oak Brook Road Oak Brook,IL 60523 cc: Tony Budzikowski, Director of Development Services 630.368.6420 DougPatchin, Director of Public Works & Engineering FAX 630.368.6439 Official Files Golf club 2606 York Road Oak Brook,II,60523 630.368.6400 FAX 630.368.6419 II IIIINIIIIIIIIIIIIIIli1IIII it ill FRES? Bi CHOL7, RECORDER C?!_PAGE COUNT'NT`t ILLINOIS =; Hit., DO'_:!HENT # R22 i1'+'-C 15' 470 (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 2015-ZO-V-EX-S-1426 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13-613-3F.3 OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE OF OAK BROOK RELATIVE TO THE REQUIRED REAR YARD SETBACK FOR THE PROPERTY LOCATED AT 518 WOOD ROAD IN THE VILLAGE OF OAK BROOK, ILLINOIS Property Address/es 518 Wood Road Oak Brook, Illinois 60523 If vacant land, so state and list nearest cross streets) PIN No(s). 06-36-300-048 Name and Address of Applicant: John and Michaela Creber 518 Wood Road Oak Brook IL 60523 Name and Address of Responsible: Same Party to Receive Copy of Recorded Document and Billing John and Michaela Creber 518 Wood Road Oak Brook IL 60523 G/L Account to be charged: 10-1365 \ Prepared By and Return to: Village of Oak Brook ! 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 Name &Address of Recipient N/A of Consideration (when applicable): G/L Account to be charged: . tf.' .. Vt'.4t�P..:t�: ♦. �.t .-. .' STATE OF ILLINOIS ) ) SS COUNTIES OF COOK AND DUPAGE ) I, Charlotte K. Pruss, do hereby certify that I am the duly elected and acting Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois. I DO FURTHER CERTIFY that on December 12th, 2015, the corporate authorities of the above municipality passed and approved: ORDINANCE 2015-ZO-V-EX-S-1426 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13-68-3F.3 OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO THE REQUIRED REAR YARD SETBACK FOR THE PROPERTY AT 518 WOOD ROAD IN THE VILLAGE OF OAK BROOK, ILLINOIS (PIN: 06-36-300-048) 1 DO FURTHER CERTIFY that the original document, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same. I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties, Illinois. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 18th day of Julys 2019 . �PG OF 04,f,d o (V '' Charlotte K. Pruss Village Clerk \/illage of Oak Brook g'46% DuPage and Cook Counties, Illinois ��uatr ORDINANCE 2015-ZO-V-EX-S-1426 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13-6B-3F.3 OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO THE REQUIRED REAR YARD SETBACK FOR THE PROPERTY AT 518 WOOD ROAD IN THE VILLAGE OF OAK BROOK, ILLINOIS (PIN: 06-36-300-048) WHEREAS, an application has been filed by John and Michaela Creber (the "Owners") of the property located at 518 Wood Road, Oak Brook, Illinois and legally described in Exhibit A attached hereto and incorporated herein ("Property✓'), requesting a variation ("Variation") from Section 13-613- 3F.3 of the "Zoning Ordinance of the Village of Oak Brook," as amended ("Zoning Regulations"), to allow for the construction of an addition to the single-family residence on the Property ("Addition") within the required rear yard setback ("Requested Relief'; and WHEREAS, the Property is located in the R2 Single-Family Detached Residence District ("R2 District"); and WHEREAS, Section 13-613-3F.3 of the Zoning Regulations does not permit for properties located in the R2 District to have rear yard setbacks less than 60 feet in depth ("Rear Yard Setback'); and j WHEREAS, on April 7, 2015, the Oak Brook Zoning Board of Appeals ("ZBA") conducted a i 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 Owners 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 April 22, 2015, recommended j approval of the Variation subject to certain conditions; and WHEREAS, the President and Board of Trustees have reviewed the recommendations of the j 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 i THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows: I i Section 1. Recitals. The foregoing recitals are restated and incorporated herein as the i findings of the President and Board of Trustees. Section 2. Grant of Variation. Pursuant to the standards set forth in Section 13-14-6D of the Zoning Regulations, and subject to and contingent on the conditions set forth in Section 3 of this Ordinance, the Owners are hereby granted a variation from (i) Section 13-6B-3F.3 to allow the Rear Yard Setback to be reduced to approximately 48 feet(48')to allow for the construction of the Addition. i Section 3. Conditions. The approval granted in Section 2 of this Ordinance is expressly subject to and contingent upon each of the following conditions: i s i i Ordinance 2015-ZO-V-EX-S-1426 Granting a Variation from the Provisions of Section 13-613-31'.3 For 518 Wood Road PIN:06-36-300-048 Page 2 of 8 A. Substantial Conformance with Plans. The Addition shall be constructed in substantial conformance with "Variance Exhibit Drawing" prepared by Genesis Surveying and Engineering, PC and dated March 31, 2015, consisting of the one page attached hereto and incorporated herein as Exhibit B; and B. Compliance with Zoning Regulations and Village Code. The Owners shall comply with the Zoning Regulations that are in effect on the date that the Owners submit 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 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 Owners 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. Bindinq Effect. This Ordinance and the privileges, obligations, and provisions contained herein shall inure solely to the benefit of, and be binding upon, the Owners and any and all of i the Owners' 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 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 j The filing by the Owners 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 the Owners. The unconditional agreement and consent must be substantially in the form attached hereto and incorporated herein as Exhibit C. j B. In the event that the Owners do 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. i I [SIGNATURE PAGE FOLLOWS] i I i I Ordinance 2015-ZO-V-EX-S-1426 Granting a Variation from the Provisions of Section 13-613-3F.3 For 518 Wood Road PIN:06-36-300-048 Page 3 of 8 APPROVED THIS 12th day of May, 2015. Gopal G. Lalmalani Village President PASSED THIS 12th day of May, 2015. Ayes; Trustees Adler, Baar, Manzo, Moy, Wolin, Yusuf i Nays; None i Absent: None ATTEST: , Charlotte K. Pruss `'' Village Clerk l I r I Ordinance 2015-ZO-V-EX-S-1426 Granting a Variation from the Provisions of Section 13-6B-3F.3 For 518 Wood Road PIN:06-36-300-048 Page 4 of 8 EXHIBIT A LEGAL DESCRIPTION Property: The subject property is located at 518 Wood Road in Oak Brook, Illinois and the legal description is as follows: Parcel No. 1: The east 150 feet of the west 300 feet of the following described premises, to-wit: Part of the east half of the southwest quarter of Section 36, Township 39 North, Range 11 East of the Third Principal Meridian, described by commencing at the southeast corner of the southwest quarter of said Section 36; thence west 10 chains along the section line, to the centerline of the road now known as Washington Street; thence north, along the centerline of Washington Street, 413 feet for a place of beginning (said place of beginning being the intersection of the centerline of Washington Street and the north line of Wood Road extended east; the north line of Wood Road being 33 feet north of the north line of Block 4 of Glendale Subdivision); thence north along the centerline of Washington Street, 74.57 feet; thence west 10 chains, more or less, to the west line of the east half of the southwest quarter of said Section 36; thence south along said west line, 74.27 feet to the north line of Wood Road aforesaid; thence east along the north line of Wood Road, aforesaid, 10 chains, more or less, to the place of beginning, in DuPage County, Illinois. 1 Parcel No. 2: The east half of the west 300 feet of a tract of land known and described as follows: Part of the east half of the southwest quarter of Section 36, Township 39 North, Range 11 East of the Third Principal Meridian, described by commencing at the southeast corner of the southwest quarter of said Section 36; thence west 10 chains along the section line to the centerline of said right of way known as �.. Washington Street; thence north along the centerline of Washington Street 487.97 feet for a place of beginning; thence west 10 chains, more or less, to the west line of the east half of the southwest quarter of said Section 36; thence north along said west line 66.33 feet to an iron stake; thence east parallel with the south line of said Section 36, 383.5 feet; thence north 3 feet; thence east parallel with the south line of said Section 36, 116.5 feet; thence easterly 103.45 feet to a point 554.3 feet north of the south line of said Section 36; thence east parallel with the south line of said Section 36, 56 feet, more or less, to the centerline of Washington Street; thence south along the centerline of Washington Street, 66.33 feet to the place of beginning, in DuPage County, Illinois. P.I.N 06-36-300-048 i 1 i i i i j I Ordinance 2015-ZO-V-EX-S-1426 Granting a Variation from the Provisions of Section 13-6B-3F.3 For 518 Wood Road PIN:06-36-300-048 Page 5 of 8 Exhibit B Site Plan ea rr�.aVARIANCE EKH11 Iafa ea1.691Mft ,� tw'aanm raw°m a ,A, F*a°l°e°a.w Parcel No.1:The east 150 feet of the west 300 fa I.°sava s.lanvma aaln S 89°58'21"E WooO 150.00'P.s axs Part of the east half of the southwest quarter of Sec rO"` of the Thud Principal Meridian,described by corm southwest quarter of said Section 36;thence west 1 centerline of the road now known as Washington 5 Washington Street,413 feet for a place of beginnir The nearest Special Flood Hazard intersection of the centerline of Washington Street Area Is located approximately 600' east the north line of Wood Road being 33 feet no northerly and is a Zone"AE"area Subdivision);thence north along the centerline of associated With Salt Creek,per chains,more or less,to the west line of the east hal •.,. •"••..• National Flood Insurance Program thence south along said west line,74.27 feet to the 11 Flood Map No.17043CO609 H. east along the north line of Wood Road,aforesaid, awith an effective date of beginning,in DuPage County,Illinois. C6 December Y� 16,2004. Parcel No.2:The cast half of the west 300 feet of O follows:Part of the east half of the southwest quay W ie E PARCEL 2 11 East of the Third Principal Meridian,described I to �Q ;' southwest quarter of said Section 36;thence west 1 t9 _ •�.,p��.' centerline of said right of way known as Washingtt V �`••. C :` :'� N Washington Street 497.97 feet for a place of begin N art y,;• O the west line of the east half of the southwest quart C ` "•..'•:' west line 66.33 feet to an iron stake;thence east pa N383.5 feet;thence north 3 feet;thence east parallel `60.72' 40'REAR YARD feet;thence easterly 103.45 feet to a point 554.3 fel — — — — — 56.74' — — SETBACK LINE thence east parallel with the south line of said Secti A. PROPOSED 2.2 of Washington Street;thence south along the center —-9— — ADDITION 2•25.-rr place of beginning,in DuPage County,Illinois. 5.1 r> .as ..... 2,59............. CamiantineBetMm I�dz -- — o PROPOSED 10.04' y......•.' ' `'�fnd 60'REAR YARD ea ;...........?................................ 0.87' "`a ahw*U'a THIS DOCUMENT IS NOT VALID WITH( 36sa' SETBACK LINE e1DETACHED EXISTnING GARAGE $ PROPOSED o DETA HED ""10B a 15taFIREPLACE 0.67' 39.00' STATE OF ILLINOIS S.S GARAGE TO BE . ffi r,aza,W[k COUNTY OF DUPAGE REMOVED s5f8 A J .....22.00. GENESIS SURVEYING AND ENGINEERII . ...... .. 5.1T THIS PROFESSIONAL SERVICE WAS PEI DIRECTION OF AN ILLINOIS LICENSED PARCEL 1 DOCUMENT IS NOT INTENDED TO BE/ on ti Npi.LgN,6•• DIMENSIONS ARE GIVEN IN FEET AND �g��w"" "'••.,sp BEARINGS AS SHOWN ARE ASSUMED) C; N .°V TED G. -I" INTERIOR ANGLES ONLY. vi N0 ra°w WN :of STALEY N C = DATED THIS 31st DAY OF MARCH,A.D Z 035-002348 a: eNa WESTMONT, Pj ,-' •.t •.,, ILLINOIS r°arcan.a �•'4TF"" '�,\�O•'• TED G�ALE awn. b '• OF 11�•'• ILLINOIS PROFESSIONAL LAND SURV E Lnffafa .tW R�.re ' a°u.,t'n� GENESIS SURVEYING AND ENGINEERS LICENSE TO BE RENEWED NOVEMBER Ed. P— fidV d AWO v ,l PREPARED N 89°57'24"E 0 °,�. BY: EyIESXS Zll7lE_yt, ra�wrx, PROFESSIONAL D GRAPHIC SCALEd05� IVESTMI o 10 20 40 PN(&90)271 WOOD ROAD COMMON ADDRESS:518 Wood Re 33' RIGHT OF WAY ( IN FEET ) P.LN.: 06-36-300-048 JOB NUMBER:15-010 SCALE 1" 1 inch = 20 ft. Area of Parcel: 21,166 S.F. CLIENT:CREBER CONSTRUCPIOI 4 ' .. Ordinance 2015-ZO-V-EX-S-1426 Granting a Variation from the Provisions of Section 13-6B-3F.3 For 518 Wood Road PIN:06-36-300-048 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 John and Michaela Creber (the "Owners"), of the property located at 518 Wood Road, Oak Brook, Illinois and legally described in Exhibit A attached hereto and incorporated herein ("Property'), requesting a variation ("Variation") from Section 13-66- 3F.3 of the "Zoning Ordinance of the Village of Oak Brook," as amended ("Zoning Regulations"), to allow for the construction of an addition to the single-family residence on the Property ("Addition") within the required rear yard setback("Requested Relief"); and WHEREAS, Ordinance No. 2015-ZO-V-EX-S-1426, adopted by the President and Board of Trustees of the Village of Oak Brook on May 12, 2015 ("Ordinance"), grants approval of the Variation, subject to certain modifications, conditions, restrictions, and provisions; and WHEREAS, Subsection 7.6 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the Owners file 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 Owners hereby agree and covenant as follows: 1. The Owners hereby unconditionally agree to accept, consent to, and abide by all of the terms, conditions, restrictions, and provisions of the Ordinance. 2. The Owners acknowledge and agree that: (i) public notices and hearings have been properly given and held with respect to the adoption of the Ordinance; (ii) the Owners have considered the possibility that the variation granted by the Ordinance may be revoked if the Owners, or any subsequent owner of the Property, do not comply with the Ordinance; and (iii) the Owners agree not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. The Owners acknowledge and agree 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 the addition on the Property, and that the Village's issuance of any such permit does not, and will not, in any way, be deemed to insure the Owners against damage or injury of any kind and at any time. 4. The Owners agree to and do 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 addition, 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 Ordinance 2015-ZO-V-EX-S-1426 Granting a Variation from the Provisions of Section 13-66-3F.3 For 518 Wood Road PIN:06-36-300-048 Page 7 of 8 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. 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, John Creber executed this Unconditional Agreement and Consent on this 'Z I day of� 12015. Creber, Property Owner State of Illinois ) County of DuPage ) 7)o a Notary Public in and for the County and State aforesaid do hereby certify that John Creber, personally known to me, and that he appeared before me this 97/`qday of _, 2015, and acknowledged that he perso y executed this instrument. Ll AIL V. POLANEK OFFICIAL SEAL Notary Public Public-State of Illinois Commission Expires SeMay p1, 2018 WITNESS VHEREOF, Michaela Creber executed this Unconditional Agreement and Consent on this Q�day of 2015 n ` r99 Michaela Creber, Property Owner State of Illinois ) ) County of DuPage ) i, 6A.7/ PC)t-A–y&I<- a Notary Public in and for the County and State aforesaid do hereby certify that Michaela Creber, personally known to me, and that she appeared before me this -2.1&4-- day of 2015, and acknowledged that she personally executed this instrument. e— /&-� Notary Public ENotary !. *OLANIEK CIAL SEAL Sic-State of Illinoismission,Expires f 1, 018 Ordinance 2015-ZO-V-EX-S-1426 Granting a Variation from the Provisions of Section 13-6B-3F.3 For 518 Wood Road PIN:06-36-300-048 Page 8 of 8 EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT LEGAL DESCRIPTION Property: The subject property is located at 518 Wood Road in Oak Brook, Illinois and the legal description is as follows: Parcel No. 1: The east 150 feet of the west 300 feet of the following described premises, to-wit: Part of the east half of the southwest quarter of Section 36, Township 39 North, Range 11 East of the Third Principal Meridian, described by commencing at the southeast corner of the southwest quarter of said Section 36; thence west 10 chains along the section line, to the centerline of the road now known as Washington Street; thence north, along the centerline of Washington Street, 413 feet for a place of beginning (said place of beginning being the intersection of the centerline of Washington Street and the north line of Wood Road extended east; the north line of Wood Road being 33 feet north of the north line of Block 4 of Glendale Subdivision); thence north along the centerline of Washington Street, 74.57 feet; thence west 10 chains, more or less, to the west line of the east half of the southwest quarter of said Section 36; thence south along said west line, 74.27 feet to the north line of Wood Road aforesaid; thence east along the north line of Wood Road, aforesaid, 10 chains, more or less, to the place of beginning, in DuPage County, Illinois. Parcel No. 2: The east half of the west 300 feet of a tract of land known and described as follows: Part of the east half of the southwest quarter of Section 36, Township 39 North, Range 11 East of the Third Principal Meridian, described by commencing at the southeast corner of the southwest quarter of said Section 36; thence west 10 chains along the section line to the centerline of said right of way known as Washington Street; thence north along the centerline of Washington Street 487.97 feet for a place of beginning; thence west 10 chains, more or less, to the west line of the east half of the southwest quarter of said Section 36; thence north along said west line 66.33 feet to an iron stake; thence east parallel with the south line of said Section 36, 383.5 feet; thence north 3 feet; thence east parallel with the south line of said Section 36, 116.5 feet; thence easterly 103.45 feet to a point 554.3 feet north of the south line of said Section 36; thence east parallel with the south line of said Section 36, 56 feet, more or less, to the centerline of Washington Street; thence south along the centerline of Washington Street, 66.33 feet to the place of beginning, in DuPage County, Illinois, P.I.N 06-36-300-048