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S-1624 - 08/10/2021 - VARIATION - Ordinances THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS ORDINANCE NUMBER 2021-ZO-V-EX -S-1624 AN ORDINANCE GRANTING A VARIATION FROM PROVISIONS OF SECTION 13-6D-3.F.3 OF TITLE 13 (“ZONING REGULATIONS”) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO THE REAR YARD SETBACK FOR THE PROPERTY LOCATED AT 35 CAMBRIDGE DRIVE IN THE VILLAGE OF OAK BROOK, ILLINOIS GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk LARRY HERMAN MICHAEL MANZO JAMES NAGLE SURESH REDDY EDWARD TIESENGA ASIF YUSUF Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on this the 13th day of July , 2021 ORDINANCE 2021-ZO-V-EX-S-1624 AN ORDINANCE GRANTING VARIATION FROM PROVISIONS OF SECTION 13-6D-3.F.3 OF TITLE 13 (“ZONING REGULATIONS”) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO THE REAR YARD SETBACK FOR THE PROPERTY LOCATED AT 35 CAMBRIDGE DRIVE IN THE VILLAGE OF OAK BROOK, ILLINOIS PINS: 06-27-403-038 WHEREAS, the Village of Oak Brook is a municipal corporation organized pursuant to the laws of the State of Illinois; WHEREAS, the Village of Oak Brook is authorized by the Illinois Municipal Code, 65 ILCS 5/11- 13-5, to vary its zoning regulations where there are practical difficulties or particular hardship in observing those regulations for the use, construction, or alteration of buildings or structures or the use of land; WHEREAS, the property owner has requested a variance from certain provisions of the Village of Oak Brook Zoning Ordinance as described herein; WHEREAS, an application has been filed by Phillip and Shaleyah Floyd, the Owner (hereinafter referred to as the “Owner”), of the property located at 35 Cambridge Drive, Oak Brook, Illinois, which is legally described in Exhibit A attached hereto and incorporated herein (hereinafter referred to as the “Subject Property”) and located in the R4 Zoning District, is requesting a Variation from Section 13-6D- 3.F.3 of the Zoning Ordinance of the Village of Oak Brook, as amended to permit and reduction of the required 30-foot rear yard setback (hereinafter referred to as the “Variation”); WHEREAS, the Village of Oak Brook Zoning Board of Appeals on June 1, 2021 held a public hearing to consider the petitioner’s request and to hear testimony on the proposal and as a result of said hearing the Village of Oak Brook Zoning Board of Appeals issued a positive recommendation in this matter to reduce the required 30-foot rear yard setback to approximately 25’0” all pursuant to proper notice and in compliance with the laws of the State of Illinois and ordinances of the Village of Oak Brook; WHEREAS, the Village of Oak Brook Zoning Board of Appeals found the request to be reasonable in that the requested variation is appropriate under the standards adopted by the Village of Oak Brook in its Zoning Ordinance applicable to zoning variances and made positive findings of fact in support of said variance; WHEREAS, the Zoning Board of Appeals recommends approval of the petitioner’s request by the Board of Trustees of the Village of Oak Brook; WHEREAS, the corporate authorities of the Village of Oak Brook find that the granting of the requested variance has no detrimental impact on the health, welfare or safety of the public in general and finds that the petitioner has met his burden in demonstrating the grounds for the requested variation; and WHEREAS, the corporate authorities of the Village of Oak Brook find that the petitioner has demonstrated practical difficulties or particular hardship in the application of the Zoning Regulations. Ordinance 2021-ZO-V-EX-S-1624 35 Cambridge Drive - Variation PIN: 06-27-403-038 Page 2 of 7 NOW, THEREFORE, BE IT ORDAINED, in open meeting assembled, by the Village President and Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois as follows: Section 1. Recitals. The Corporate Authorities hereby find that all of the recitals hereinbefore stated as contained in the preamble to the Ordinance are full, true and correct and do hereby, by reference, incorporate and make them part of this Ordinance as legislative findings. Section 2. Grant of Variation. Subject to, and contingent on the conditions, restrictions, and provisions set forth in Section 3 of this Ordinance, the Village Board of Trustees shall, and does hereby, approve a Variation to the Zoning Regulations as follows: Variation to Section 13-6D-3.F.3 of the Oak Brook Zoning Regulations to permit a reduction of the rear yard setback from the required 30-feet to approximately 25’0” to construct a screen porch on the property commonly referred to as 35 Cambridge Drive, Oak Brook, Illinois. 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 Site Plan. The proposed screen porch shall be constructed in substantial conformance with the site plan and conceptual building elevations as submitted and attached hereto and incorporated herein as Exhibit B. B. Compliance with Zoning Regulations and Village Code. The Owner shall meet all Village Ordinance requirements at the time of building permit application 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 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. A. Upon failure or refusal of the Owner to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the Variation granted herein, 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 Owner and any and all of its heirs, successors, and assigns, and upon any and all current and successor legal or beneficial Owner 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 shall be in full force and effect from and after its passage, approval and publication as provided by law; and B. 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 ("Unconditional Agreement Ordinance 2021-ZO-V-EX-S-1624 35 Cambridge Drive - Variation PIN: 06-27-403-038 Page 4 of 7 EXHIBIT A LEGAL DESCRIPTION Property: LOT 106 IN BROOK FOREST UNIT THREE BEING A SUBDIVISION OF PART OF SECTION 27, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN IN DUPAGE COUNTY. PIN: 06-27-403-038 Ordinance 2021-ZO-V-EX-S-1624 35 Cambridge Drive - Variation PIN: 06-27-403-038 Page 5 of 7 EXHIBIT B SITE PLAN