S-1656 - 08/09/2022 - VARIATION - Ordinances THE VILLAGE OF OAK BROOK
COOK AND DUPAGE COUNTIES, ILLINOIS
ORDINANCE
NUMBER 2022-ZO-V-EX-S-1656
AN ORDINANCE GRANTING A VARIATION FROM
PROVISIONS OF SECTION 13-3-14 OF TITLE 13 ("ZONING
REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE
OF OAK BROOK RELATIVE TO THE ALLOWANCE OF
DRIVEWAY GATES FOR THE PROPERTY LOCATED AT 3601
MADISON STREET, OAK BROOK, ILLINOIS
COPAL G. LALMALANI, Village President
CHARLOTTE K. PRUSS, Village Clerk
LAURENCE 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 9th day of August. 2022
ORDINANCE 2022-ZO-V-EX-S-1656
AN ORDINANCE GRANTING VARIATION FROM PROVISIONS OF
SECTION 13-3-14 OF TITLE 13 ("ZONING REGULATIONS")
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
RELATIVE TO THE ALLOWANCE OF DRIVEWAY GATES
FOR THE PROPERTY LOCATED AT
3601 MADISON STREET IN THE VILLAGE OF OAK BROOK, ILLINOIS
PINS: 06-36-300-093
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 SIM Development LLC (the"Applicant'), on behalf of
the Owner, Anthony Barbara, as beneficiary of Chicago Title Trust No.8002374876 (hereinafter referred to
as the "Owner''), of the property located at 3601 Madison Street, Oak Brook, Illinois, which is legally
described in Exhibit A attached hereto and incorporated herein (hereinafter referred to as the "Subject
Property's and located in the R2 Zoning District, is requesting a Variation from Section 13-3-14 of the
Zoning Ordinance of the Village of Oak Brook, as amended to permit the construction of driveway gates
(hereinafter referred to as the "Variation';
WHEREAS, the Village of Oak Brook Zoning Board of Appeals on June 7'h and 28th, 2022 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 permit and allow two 16-foot wide driveway gates for both entrances on Madison Street 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 Village President and Board of Trustees: i) find that the applicable requirements
of Section 13-3-14 of the Village Code relating to the granting of variations to the Zoning Regulations have
been met, ii)deem the Variations, as set forth below, to be in the best interests of the Village, subject to the
terms and condition of this ordinance.
ORD 2022-ZO-V-EX-S-1656
3601 MadisonStreet—Variation
PIN: 06-36-300-093
Page 2 of 8
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 13-3-14 of the Oak Brook Zoning Regulations permit and allow two 16-foot
wide driveway gates for both entrances on Madison Street on the property commonly referred
to as 3601 Maddison Street, 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 Plans. The proposed driveway gates shall be constructed in
substantial conformance with the site plan and building plan as submitted with additional
landscape (i.e. trees and shrubs) 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
ORD 2022-ZO-V-EX-S-1656
3601 Madison Street-Variation
PIN:06-36-300-093
Page 3 of 8
and Consent's 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.
DENIED THIS 91h day of August, 2022.
Gopal G. Lalmalani
Village President
FAILED THIS 9th day of August, 2022.
Ayes: Trustees Herman, Manzo, Reddy,Tiesenga
Nays: None
Absent: Trustees Nagle, Yusuf
fa 0.4-
ATTEST:
a 4
- " Charlotte K. Pruss
A Village Clerk
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