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S-1624 - 07/13/2021 - ZONING -VARIATION - Ordinances Supporting Documents S OF Oqk PGe9 ®v o® September 14, 2021 b V 9�PCOU N11, village Of Phillip & Shaleyah Floyd Oak Brook 1032 Fair Oaks Ave. 1200 Oak Brook Road Oak Brook,IL 60523-2255 Oak Park, Illinois 60302 Website www.oak-brook.org Administration Re: Recorded Document on September 09, 2021 630.368.5000 ORDIINANCE 2021-ZO-V-EX-S-1624, An Ordinance Granting a Variation from the FAX 630.368.5045 Provisions of Section 13-6D-3F.3 of Title 13 ("Zoning Regulations") of the Village of Oak Brook Relative to the Rear Yard Setback for the Property Located at 35 Community Development 630.368.5101 Cambridge Drive g in the Village of Oak Brook, Illinois FAX 630.368.5128 Document#R2021-135188 Engineering Department 630.368.5130 FAX 630.368.3985 TO Whom It May Concern: Fire Department A copy of the above-mentioned recorded document is enclosed for your records. This 630.368.5200is important information and should be retained in a secure area with your files. FAX 630.3630.368..5151 28 h Police Department Please do not hesitate to contact me at 630-368-5036 if you have any questions 630.368.8700 regarding this matter. FAX 630.368.8739 Public Works Thank You, , 630.368.5270 FAX 630.368.5295 Oak Brook ,,(`'V,,✓'' Public Llbrar\ Kathy Vonachen, CPP, CMC 600 Oak Brook Road H.R. Director Oak Brook,IL 60523 630.368.7700 FAX 630.368.7704 Oak Brook Snorts Core Enclosure Bath&Tennis Club 700 Oak Brook Road cc: Tony Budzikowski, Director of Development Services Oak Brook,IL 60523 Doug Patchin, Director of Public Works& Engineering 630.368.6420 Official Files FAX 630.368.6439 Golf Club 2606 York Road Oak Brook,IL 60523 630.368.6400 FAX 630.368.6419 i iiii in i4iii ii T>:4034447n KATHLEEN V. CARRIER, RECORDER DUPAGE COUNTY ILLINOIS 09/09/2021 12:26 PM DOCUMENT # R2021-135188 (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 2021-ZO-V-EX-S-1624, AN ORDINANCE GRANTING VARIATION FROM THE PROVISIONS OF SECTION 13-6D-3F.3 OF TITLE 13('ZONING REGULATIONS")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 Property Address 35 CAMBRIDGE DRIVE IN THE VILLAGE OF OAK BROOK ILLINOIS 60523 If vacant land,so state and list nearest cross streets) PIN No(s). 06-27-403-038 Name and Address of Applicant: Phillip&Shalevah Floyd 1032 Fair Oaks Ave Oak Park It.60302 Name and Address of Responsible: Phillip&Shalevah Floyd Recorded Document and Billing 1032 Fair Oaks Ave Oak Park IL 60302 Party to Receive Copy of Prepared By and Return to: (Village of Oak Brook 1200 Oak Brook Roa Oak Brook,Illinois 60523-2255 G/L Account to be charged: 10-1365 Name&Address of Recipient N/A of Consideration(when applicable): G/L Account to be charged: \2 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 5111- 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'l 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:06-27403-036 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. Comoliance with Zonina 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. Comoliance with Aoplicable 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,slate,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 2021.20-V-EX-S-1624 35 Cambridge Drive-Variation PIN:06-27-403.038 Page 3 of 7 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 Owner.The unconditional agreement and consent must be substantially in the form attached hereto and incorporated herein as Exhibit C.In the event that the Owner does not file with the Village Clerk the unconditional agreement and consent required herein 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. Section 8. Conflict Clause. That all ordinances or parts of ordinances in conflict with the terms of this ordinance shall be repealed to the extent of said conflict. Section 9. Publication. This ordinance shall be published in book or pamphlet form as provided by the Illinois Municipal Code. Section 10. Recording. This ordinance shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook. APPROVED THIS 101b day of August,2021. Gopal G.Lalmalani Village President PASSED THIS 10' day of August,2021. Ayes: Trustees Herman,Manzo,Nagle,Reddy,and Yusuf Nays: None Absent: Trustee Tiesenga G� OF OAk e90 ATTEST: F I ® ® Charlotte K.Pruss A ' ?� Village Clerk .SCF 0Ot1NiI 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-1824 35 Cambridge Drive-Variatlon PIN:06-27403-038 Page 5 o17 EXHIBIT B SITE PLAN �O \ 40 AID 1 pp9TM ME 1 PRA E FEN) E p(ISTNCa pFtIVE11lA7 \ I I CAMBRIDGE N DRIVE SITE PLAN SCALE: 1"= 16'-0" Floyd Residence 35 Cambridge Drive Oak Brook, IL LOW-SLOPE ROOF TO MATGN NEW FIBER CEI'ENT TRIM HOUSE ROOF SLOPE BOARDS TO MATCH WOUSE SCREEN W21D0115 NEW COMPOSITE worn CLADDMC TO MATCH NOOSE - RAMSCREEN SYSTEM FIBER CEMENT FASCIA BOARDS AT FERI'ETER OF PORCH FRAMYa TO MATCH IIBUILT DECKS bxb COU2'N ON 42' DEEP CONQW-TE FIER CARPENTER BUILT STAIRS WTN CABLE RAILM o. NORTH ELEVATION - PART 2 SCALE: 114"=V-0" Floyd Residence 35 Cambridge Drive Oak Brook. IL N REVISED UPPER LEVEL PLAN SCALE: 1/4"=V-D" Floyd Residence 35 Cambridge Drive na „° a Oak Brook, IL _ _ _ —i - -NDM ���W SCREEN TAM TO GROUND LEVEL GOD 9 lCNEEH DOOR GLA58 DOOR -- _ FAMILY ROOM KITCHEN PATH I ® BEDROOM 4 L ofCfl ATH L_J — — — — — — — — — — — _ — - - - - ' I VING ROOM DIN.W. Ordinance 2021-ZO-V-EX-S-1624 35 Cambridge Drive-Variation PIN:06-27-403-038 Page 6 of 7 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT WHEREAS,an application has been filed by Phillip and Shaleyah Floyd,as Owner("Owner"),of the property located at 35 Cambridge Drive,Oak Brook, Illinois,which is legally described in Exhibit 1 attached hereto and incorporated herein(hereinafter referred to as the"Subject Property'l,requesting a Variation from Section 13-6D-3.F.3(hereinafter referred to as the"Variation')of the Zoning Ordinance of the Village of Oak Brook,as amended("Zoning Regulations'l,to permit a reduction of the rear yard setback from the required 30-feet to approximately 260"allowing for the construction of a screen porch on the Subject Property;and WHEREAS,Ordinance No 2021-ZO-V-EX-S-1624 adopted by the President and Board of Trustees of the Village of Oak Brook on August 10, 2021 grants approval of the Variation subject to certain modifications,conditions,restrictions,and provisions;and WHEREAS,the Ordinance provides,among other things,that the Ordinance will be of no force or effect unless and until 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,Owner does hereby agree and covenants as follows: 1. The Owner hereby unconditionally agrees to accept,consent to,and abide by all of the terms, conditions,restrictions,and provisions of the Ordinance. 2. The Owner acknowledges that:(1)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 use of the Property,the construction of the New Residence 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 of such parties in connection with the operation and use of 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 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 Ordinance 2021-ZO-V-EX-S-1624 35 Cambridge Drive-Variation PIN: 06-27403-038 Page 7 of 7 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, Phillip and Shaleyah Floyd, owner,executed this Unconditional Agreement d Consent on this day ofi� 2021. Aillip <-• 4ShIeyah FI State of Illinois ) County of Coo �C ) I, ]AV�_ a1IV tary Public in and for the County and State aforesaid do hereby certify that Phfllt and Shale ah Floyd,personally known to me,and that he appeared before me this day of 2021, and acknowledged that he personally executed this instrument. LAVINIA J HUSBANDS-BRO WN ary Public Oficial Seal Seal Notary Public-State of I My Commission Excires Jan Ordinance 2021-ZO-V-EX-S-1624 35 Cambridge Drive-Variation PIN: 06-27-403-038 Page 8 of 7 EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT 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