S-1624 - 07/13/2021 - ZONING -VARIATION - Ordinances ITEM 6.C.1
VILLAGE of BOARD OF TRUSTEES MEETING
OAK B RK SAMUEL E. DEAN BOARD ROOM
c9 • BUTLER GOVERNMENT CENTER
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000
AGENDA ITEM
Regular Board of Trustees Meeting
of
August 10, 2021
SUBJECT: 35 Cambridge Drive—Zoning Variation for Rear Yard Setback for Screen
Porch
FROM: Tony Budzikowski, AICP, Development Services Director —/"F
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to approve Ordinance S-1624 that approves
the requested rear yard setback variation to Section 13-6D-3.F.3 of the Zoning
Regulations to permit and allow a five (5) foot reduction in the rear yard setback
from 30-feet to 25-feet for a screen porch subject to the following:
1. The proposed screen porch shall be constructed in substantial conformance
to the site plan and conceptual building elevations as submitted;
2. Add the condition, "Notwithstanding the attached exhibits, the applicant
shall meet all Village Ordinance requirements at the time of building permit
application except as specifically varied or waived; and
Backeround/History:
At the July 13, 2021 Village Board meeting, the village attorney and staff were directed
to prepare the necessary ordinance to permit and allow a rear yard setback variation for a
screen porch at 35 Cambridge Drive. The requested variation would decrease the rear
yard setback from 30-feet to 25-feet and allow the installation of a 130 square foot screen
porch.
Please contact me if you have any questions or need additional information.
Recommendation:
Approve Ordinance S-1624.
REG BOT 081021 Agenda Item 6.C.1-Ordinance S-1624-35 Cambridge-Setback VAR
Page 1
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
A. 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 10th day of August, 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:06-27403-038
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'l and located in the R4 Zoning District,is requesting a Variation from Section 13-6D-
31.3 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 260"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-PSC-S-1624
35 Cambridge Drive-Variation
PIN:06-27403-038
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. Comoliance 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. Bindino 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:06-27403-038
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 10'h day of August,2021.
Gopal G.Lalmalani
Village President
PASSED THIS 101h day of August,2021.
Ayes: Trustees Herman,Manzo,Nagle,Reddy,and Yusuf
Nays: None
Absent: Trustee Tiesenga
v�OF 044,
�P d,➢o ATTEST:
F
i® ® Charlotte K.Pruss
A ` o Village Clerk
2
00UNTY
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
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V \
87
I
EXISTWs STONE 4 FRN'E
� \ � PF37P08ED NEW M1D00R
POOL 80011 ADDITION \ '
\(&N01w sNAn1D)'
EXIBtNG DRIVH114Y \ \ �ATW
1
1
1
DZ 0
CAMBRIDGE
DRIVE SITE PLAN
SCALE: 1" = 16-0"
Floyd Residence
35 Cambridge Drive
Oak Brook, IL
LOW-SLOPE ROOF TO MATCH
NEW FIBER CEMENT TRIM WCU5E ROOF 5LOPE
BOARDS TO MATCH HOUSE
SCREEN WINDOUS
F[-:11E J a
I
NEW COMPOSITE WOOD
CLADDING TO MATCH HOUSE
RAINSCREEN SYSTEM
FIBER CEMENT FASCIA
BOARDS AT PERIMETER
OF PORCH FRAMING TO
MATCH REBUILT DECKS
6x6 COLUMN ON 42" -
DEEP CONCRETE PIER
-CARPENTER BUILT STAIRS
WITH CABLE RAILING
NORTH ELEVATION - PART 2
o.
SCALE: 1/4" = V-0"
Floyd Residence
35 Cambridge Drive
Oak Brook, IL
N e
REVISED UPPER LEVEL PLAN r
SCALE: 1'4" = 1'-0"
Floyd Residence s a
35 Cambridge DriveWNDM
aa
Oak Brook, IL
wyt4( L4 SCREEN PORCH a
GTANO TO W WD LEVEL W=FLOOR 9
BCIMM DOOR
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BATH I
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Ordinance 2021-ZO-V-EX-S-1624
35 Cambridge Drive-Variation
PIN:06-27403-038
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'),to permit a reduction of the rear yard
setback from the required 30-feet to approximately 250"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 and
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: 06-27-403-038
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 and
Consent on this_day of ,2021.
Phillip Floyd
Shaleyah Floyd
State of Illinois )
County of )
I, a Notary Public in and for the County and State aforesaid do hereby
certify that Phillip and Shaleyah Floyd,personally known to me,and that he appeared before me this
day of 2021,and acknowledged that he personally executed this instrument.
Notary Public
Seal
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