S-1052 - 09/09/2003 - VARIATION - Ordinances (2)I Illlill llllill lIIIIIII til l 111
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FRE; EUCHOL." REC:CIRDEP
iiLipuGE C;.Eihh'! LLiN�ti
019 .;1:02 �q•i
(Above Space For Recorder's Office Only)
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, IL 60523-2255
RECORDED DOCUMENT TITLE PAGE
Property Address/es 59 Bavbrook Lane, Oak Brook, Illinois 60523
If vacant land, so state and list nearest cross streets)
PIN No(s). 06-28-402-004
Name and Address of Applicant: Michael R Tracy Trilla
Name and Address of Responsible: Development Services Department
Party to Receive Copy of
Recorded Document and Billing
G/L Account to be charged: 911-77000
Prepared by and Return to:Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523-2255
Name & Address of Recipient
of Consideration (when applic
G/L Account to be charged:
Y//
ORDINANCE 2003-ZO-V-S-1052
AN ORDINANCE GRANTING A VARIATION FROM THE
PROVISIONS OF SECTION 13 -6B -3F(2) OF TITLE 13
("ZONING REGULATIONS") OF THE VILLAGE CODE
OF THE VILLAGE OF OAK. BROOK RELATIVE TO
SIDE YARD SETBACK REQUIREMENTS
(Trilla - 59 Baybrook Lane, Oak Brook, IL 605231 P.I.N. 06-28-402-004)
WHEREAS, the Village of Oak Brook has heretofore adopted an ordinance setting forth
the Zoning Regulations for the Village of Oak Brook in Title 13 of the Village Code; and
WHEREAS, Section 13-14-6 of the Village Code sets forth the authority and standards of
the granting of variations to the Zoning Regulations;
WHEREAS, Michael and Tracy Trilla ("Petitioners") are the owners of certain property
legally described as follows:
.LOT 118 IN GINGER CREEK, BEING A SUBDIVISION OF PARTS OF
SECTIONS 27 AND 28, TOWNSHIP 39 NORTH, RANGE 11, EAST OF
THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED DECEMBER 30, 1960 AS DOCUMENT 992057,
IN DUPAGE COUNTY, ILLINOIS.
P.I.N. 06-28-402-004
commonly known as 59 Baybrook Lane, Oak Brook, Illinois ("Subject Property"); and
WHEREAS, the Subject Property is located within the R-2 Single -Family Detached.
Residence District, the regulations of which require a side yard setback of not less than forty feet
(40') in depth along Oak Brook Hills Road, and a west side yard setback of not less than eighteen
feet (18') in depth; and
WHEREAS, the Petitioners have submitted a petition for variation to reduce the required
side yard setback along Oak Brook Hills Road by 7.3 feet and to reduce the required west side
yard setback by 1.5 feet for the purpose of constructing a new single-family dwelling on the
Subject Property; and
WHEREAS, on August 5, 2003, the Zoning Board of Appeals of the Village of Oak
Brook conducted a public hearing at the Oak Brook Village Hall, 1200 Oak Brook Road, Oak
Ordinance 2003-ZO-V-S- 1052
Granting; Variation from Sec.
13 -6B -3F(2) Page 2 of 3
(Trilla)
Brook, Illinois in connection with the aforesaid petition, after due notice and appropriate legal
notice was given; and
WHEREAS, the Zoning Board of Appeals specifically considered the standards set forth
in Section 13-14-6 (D) of the Village Code and made the following findings of fact:
• that the Petitioners have satisfied the standards required by the Zoning
Ordinance;
■ that the Petitioners have demonstrated unique circumstances in that the
existing home presently encroaches into the two side yards;
• that the hardship of the Petitioners was not of their making;
• that the proposed new home will enhance the value of surrounding
properties; and
• that the requested encroachments for the new home will be less than the
existing encroachments; and
WHEREAS, the Zoning Board of Appeals recommended approval of the requested
variations;
WHEREAS, the Village President and Board of Trustees concur with the findings and
recommendations made by the Zoning Board of Appeals;
WHEREAS, all applicable requirements of Section 13-14-6 of the Village Code relating
the 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, DuPage and Cook Counties, Illinois as follows:
SECTION 1. That the recitals hereto are incorporated as part of this ordinance.
SECTION 2. That a variation to Section 13-6B-31(2) of the Zoning Regulations of the
Oak Brook Code is hereby granted to permit the construction of a new single-family dwelling
and allow a side yard setback of approximately thirty-two feet eight inches (32` 8") along Oak
Brook Hills Road and a west side yard setback of approximately sixteen and one half feet (16
'/z'), subject to the condition that the new construction shall be in substantial conformance with
the plans prepared by Athene Design and Devolpment most recently revised on 3/29/03 and
entered into evidence for consideration by the Zoning Board of Appeals.
SECTION 3. That this Ordinance is limited and restricted to the property commonly
Ordinance 2003-rO-V-5-1052
Granting Variation from Sec.
13 -6B -3F(2) Page 3 of
(Trilla)
known. as 59 Baybrook Lane, Oak Brook, Illinois, P.Z.N. 06-28-402-004.
SECTION 4. All ordinances or parts of ordinances in conflict with this ordinance are
hereby amended to the extent of the conflict.
SECTION 5. This ordinance shall be in full force and effect after passage and
publication according to law.
Approved this 9th day of September, 2003.
Passed this 9th day of September, 2003.
Ayes: Trustees Cram, Korin, Miologos and Xusuf
Nays: None
Absent: Trustees Aktipis and Caleel
Village Cl
None
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