S-1681 - 12/12/2023 - VARIATION - OrdinancesKATHLEEN V. CARRIER
RECORDER
DUPAGE COUNTY, IL
12/28/2023 11:48 AM
DOC NO. R2023-081917
DOCUMENT SUBMITTED WITH
LOW QUALITY / ILLEGIBLE PORTIONS
(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 2023-ZO-V-EX-S-1681 AN ORDINANCE GRANTING VARIATIONS
FROM PROVISIONS OF SECTION 13-613-3.F.1 & 13-613-3.F.3 OF THE TITLE 13 ("ZONING
REGULATIONS") OF THE VILLAGE OF OAK BROOK RELATIVE TO THE FRONT AND REAR YARD
SETBACK FOR THE PROPERTY LOCATED AT 31 ROBIN HOOD RANCH IN THE VILLAGE OF OAK
BROOK, ILLINOIS
Property Address/es 31 Robin Hood Ranch, Oak Brook, Illinois 60523
PIN No(s).
If vacant land, so state and list nearest cross streets)
06-36-105-006
Name and Address of Applicant: Joseph & Katheen Marek
36 Croydon Lane
Oak Brook, IL 60523
Name and Address of Responsible for Billing: Kathleen Marek
31 Croyon Lane
Oak Brook,_ IL_60523
Party to Receive Copy of
Recorded Document and send copy
G/L Account to be charged: 10-1365
Prepared By and Return to: Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523-225
Name & Address of Recipient N/A
of Consideration (when applicable):
G/L Account to be charged:
THE VILLAGE OF OAK BROOK
COOK AND DUPAGE COUNTIES, ILLINOIS
ORDINANCE
NUMBER 2023-ZO-V-EX-S-1681
AN ORDINANCE
GRANTING VARIATION FROM PROVISIONS OF SECTION 13-
6B -3.F.1 & 13 -6B -3.F.3 OF TITLE 13 ("ZONING
REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE
OF OAK BROOK RELATIVE TO THE FRONT AND REAR YARD
SETBACK FOR THE PROPERTY LOCATED AT 31 ROBIN
HOOD RANCH IN THE VILLAGE OF OAK BROOK, ILLINOIS
LAURENCE E. HERMAN, Village President
NETASHA SCARPINITI, Village Clerk
NAVEEN JAIN
MICHAEL MANZO
MELISSA MARTIN
JAMES NAGLE
A. SURESH REDDY
EDWARD TIESENGA
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 12th day of December, 2023
Ordinance 2023-ZO-V-EX-S-1681
31 Robinhood Ranch —Variations
ORDINANCE 2023-ZO-V-EX-S-1681
AN ORDINANCE GRANTING VARIATION FROM PROVISIONS OF
SECTION 13-613-31.1 & 13-613-31.3 OF TITLE 13 ("ZONING REGULATIONS")
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
RELATIVE TO THE FRONT AND REAR YARD SETBACK
FOR THE PROPERTY LOCATED AT
31 ROBIN HOOD RANCH IN THE VILLAGE OF OAK BROOK, ILLINOIS
PIN: 06-36-105-006
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 Joseph and Kathleen Marek, the Owner (hereinafter
referred to as the "Owner''), of the property located at 31 Robin Hood Ranch, 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 R2 Zoning District, is requesting a Variation from Section 13-613-
31.1 & 13-613-3.17.3 of the Zoning Ordinance of the Village of Oak Brook, as amended to permit a reduction
of the front yard setback from 40 -feet to 36.67 -feet and a reduction of the rear yard setback from 60 -feet to
58.20 -feet. (hereinafter referred to as the "Variation'l;
WHEREAS, the Village of Oak Brook Zoning Board of Appeals on November 7, 2023 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 approve the requested Variation 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 Owner'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 Owner has
demonstrated practical difficulties or particular hardship in the application of the Zoning Regulations.
2
Ordinance 2023-ZO-V-EX-S-1681
31 Robinhood Ranch -Variations
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 13-613-31.1 of the Oak Brook Zoning Regulations to permit a reduction of
the front yard setback from the required 40 -feet to 36'67" on the property commonly referred
to as 31 Robin Hood Ranch, Oak Brook, Illinois.
Variation to Section 13-613-31.3 of the Oak Brook Zoning Regulations to permit a reduction of
the rear yard setback from the required 60 -feet to 58'20" on the property commonly referred to
as 31 Robin Hood Ranch, 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 single-family residence 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. 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
3
Ordinance 2023-ZO-V-EX-S-1681
31 Robinhood Ranch —Variations
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
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.
Remainder of page intentionally left blank; roll call vote to follow
4
Ordinance 2023-ZO-V-EX-S-1681
31 Robinhood Ranch - Variations
APPROVED THIS 12th day of December, 2023.
LAURENCE E. HERMAN
Village President
PASSED THIS 12th day of December, 2023.
Ayes:
Nays:
Absent:
ATTEST:
Trustees Jain, Manzo, Martin, Nagle, Reddy, Tiesenga
None
None
5
F
/f r
NETASHA SCARPINITI
Village Clerk
Ordinance 2023-ZO-V-EX-S-1681
31 Robinhood Ranch —Variations
EXHIBIT A
LEGAL DESCRIPTION
LOT 22 IN ROBINHOOD RANCH SUBDIVISION, BEING A SUBDVISION OF PART OF THE WEST HALF
OF SECTION 36, TOWNSHIP 39 NORTH, RANGE II, EAST OF THE THIRD PRINICIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED JUNE 15, 1953 AS DOCUMENT 685421, IN
DUPAGE COUNTY, ILLINOIS
Ordinance 2023-ZO-V-EX-S-1681
31 Robinhood Ranch —Variations
EXHIBIT B
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Ordinance 2023-ZO-V-EX-S-1681
31 Robinhood Ranch -Variations
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
WHEREAS, an application has been filed by Joseph and Kathleen Marek, the Owner (hereinafter
referred to as the "Owner"), of the property located at 31 Robin Hood Ranch, 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 R2 Zoning District, is requesting a Variation from Section 13-613-31.1
& 13-613-31.3 of the Zoning Ordinance of the Village of Oak Brook, as amended to permit a reduction of
the front yard setback from 40 -feet to 36.67 -feet and a reduction of the rear yard setback from 60 -feet to
58.20 -feet. (hereinafter referred to as the "Variation"); and
WHEREAS, Ordinance No 2023-ZO-V-EX-S-1681 adopted by the President and Board of Trustees
of the Village of Oak Brook on December 12, 2023 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
United States, or for any shorter period that may be required to sustain the validity of the affected
privilege or right.
Ordinance 2023-ZO-V-EX S-1681
31 Robinhood Ranch — Variations
chis Unconditional Agreement and Consent may not be amended, modified, released or annulled
,.xcept upon the express, prior written approval of the Village of Oak Brook.
ESS WHEREOF, Joseph or Katholeeen Marek, owner, executed this Unconditional Agreement and
Consent on this , day of 'P'4
V"' 2023.
State of Illinois
County of
a Notary Public in and for the County and State aforesaid do hereby
certify that SeQkk-4A�g" VR y\ Aie tonally known to me, and that he appeared before me this
day of _ , 2023, and acknowledged that he personally executed this instrument.
OFFICIAL SEAL
Seal JOANNA MATTHIES
NOTARY PUBLIC - STATE OF ILLINOIS
MY COMMISSION EXPIRES:03/05r14
Ordinance 2023-ZO-V-EX-S-1681
31 Robinhood Ranch -Variations
EXHIBIT 1
TO UNCONDITIONAL AGREEMENT AND CONSENT
LEGAL DESCRIPTION
Property: LOT 22 IN ROBINHOOD RANCH SUBDIVISION, BEING A SUBDVISION OF PART OF THE
WEST HALF OF SECTION 36, TOWNSHIP 39 NORTH, RANGE II, EAST OF THE THIRD PRINICIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 15, 1953 AS DOCUMENT
685421, IN DUPAGE COUNTY, ILLINOIS
PIN: 06-36-105-006
10
Absent: 0 - None
Motion carried
A. Ordinances & Resolutions
10. ORDINANCE G-1245, An Ordinance Revising the False Fire Alarm Service Charge By
Amending Chapter 2 (Fire Prevention) of Title 10 (Building Regulations) of the Village
Code of the Village of Oak Brook
Motioned to Approve: Trustee Reddy
Seconded By: Trustee Martin
Trustee Nagle presented the motion revealing that the item is one to promote a way to address the issues
surrounding the false alarm calls and the revisions to the Village Code have not been made for over a
decade. Discussion regarding same materialized.
ROLL CALL VOTE:
Ayes: 6 — Trustees Jain, Manzo, Martin, Nagle, Reddy, Tiesenga
Nays: 0 - None
Abstain: 0 - None
Absent: 0 - None
Motion carried
Ordinances & Resolutions
11. ORDINANCE S-1681, An Ordinance Granting Variation from Provisions of Section 13-
6B.F.1 & 13-6B.3.F.3 of Title 13 ("Zoning Regulations") of the Village Code of the Village
of Oak Brook Relative to the Front and Rear Yard Setback for the Property Located at 31
Robin Hood Ranch in the Village of Oak Brook, Illinois
Motioned to Approve: Trustee Martin
Seconded By: Trustee Manzo
Trustee Manzo explained that the Ordinance is a standard one and was approved by the Planning &
Zoning Commission. He also addressed the compliments made by Resident Marek earlier in the meeting.
President Herman added his appreciation to the residents requesting this variation and the manner in
which they built their ranch house.
ROLL CALL VOTE:
Ayes: 6 — Trustees Jain, Manzo, Martin, Nagle, Reddy, Tiesenga
Nays: 0 - None
Abstain: 0 - None
Absent: 0 - None
Motion carried
A. Ordinances & Resolutions
12. ORDINANCE S-1683, An Ordinance Authorizing the Sale or Donation or Recycling or
Disposal of Certain Items of Personal Property Owned by the Village of Oak Brook
Motioned to Approve: Trustee Reddy
Seconded By: Trustee Martin
VILLAGE OF OAK BROOK MINUTES Page 8 of 13 REGULAR MEETING OF DECEMBER 12, 2023
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