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Home My WebLink About2024-ZO-V-EX-S-1715 THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS ORDINANCE NUMBER 2024-ZO-V-EX-S-1715 AN ORDINANCE GRANTING VARIATION FROM PROVISIONS OF SECTION 13- 3-17.B.2 OF TITLE 13 (“ZONING REGULATIONS”) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO THE PERMITTED FENCE HEIGHT FOR THE PROPERTY LOCATED AT 19 MOCKINGBIRD LANE 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 10th day of December 2024 Ordinance No. 2024-ZO-V-EX-S-1715 Variation from Section 13-3-17.B.2 19 Mockingbird Lane, Oak Brook, Illinois PIN: 06-27-302-009 Page 2 of 10 2 ORDINANCE NO. 2024-ZO-V-EX-S-1715 AN ORDINANCE GRANTING VARIATION FROM PROVISIONS OF SECTION 13-3-17.B.2 OF TITLE 13 (“ZONING REGULATIONS”) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO THE PERMITTED FENCE HEIGHT FOR THE PROPERTY LOCATED AT 19 MOCKINGBIRD LANE IN THE VILLAGE OF OAK BROOK, ILLINOIS PINS: 06-27-302-009 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 Anthony Pesek, the Owner (hereinafter referred to as the “Owner”), of the property located at 19 Mockingbird Lane, 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 R-3 Zoning District, is requesting a Variation from Section 13-3-17.B.2 of the Zoning Ordinance of the Village of Oak Brook, as amended to permit and allow an increase in permitted fence height from 42” to 60” for a rear yard fence (hereinafter referred to as the “Variation”); WHEREAS, the Village of Oak Brook Planning & Zoning Commission (the “Commission”) on November 6, 2024 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 Commission issued a positive recommendation in this matter to allow an increase in permitted fence height from 42” to 60” for a rear yard fence 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 Commission 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 Commission recommends approval of the petitioner’s request by the Village President and Board of Trustees (collectively the “Corporate Authorities”) 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. 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. Ordinance No. 2024-ZO-V-EX-S-1715 Variation from Section 13-3-17.B.2 19 Mockingbird Lane, Oak Brook, Illinois PIN: 06-27-302-009 Page 3 of 10 3 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 from Section 13-3-17.B.2 of the Zoning Ordinance of the Village of Oak Brook, as amended to permit and allow an increase in permitted fence height from 42” to 60” for a rear yard fence on the property commonly referred to as 19 Mockingbird Lane, 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 design and placement of the proposed fence shall be constructed in substantial conformance with the site plan 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. 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. D. Removal of Fence. The approvals granted herein shall automatically be revoked and the proposed fence shall be immediately removed from the Subject Property if any of the following conditions are met: a. The accommodated party permanently moves out of the residence; or b. In the event the Owner desires to the transfer of the Subject Property to a third-party, the proposed fence must be removed prior to any such transfer. E. Complete Application. The Owner shall fully execute and Notarize application form - “An Act to Require Disclosure of all Beneficial Interests”. 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 Ordinance No. 2024-ZO-V-EX-S-1715 Variation from Section 13-3-17.B.2 19 Mockingbird Lane, Oak Brook, Illinois PIN: 06-27-302-009 Page 4 of 10 4 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. Penalty. Any person violating the terms and conditions of this Ordinance shall, following prior notice thereof by the Village to such offending person and such opportunity to correct such violation(s) as the Village may determine appropriate, be subject to a penalty not exceeding $750.00, with each and every day that such violation of this Ordinance is allowed to remain in effect being deemed a complete and separate offense. In addition, the appropriate authorities of the Village may take such other actions they deem proper to enforce the terms and conditions of this Ordinance, including, without limitation, an action in equity to compel compliance with its terms. Any person violating the terms of this Ordinance shall be subject, in addition to the foregoing penalties, to the payment of court costs and reasonable attorneys’ fees of the Village. Section 9. 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 10. Publication. This ordinance shall be published in book or pamphlet form as provided by the Illinois Municipal Code. Section 11. Recording. This ordinance shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook. Ordinance No. 2024-ZO-V-EX-S-1715 Variation from Section 13-3-17.B.2 19 Mockingbird Lane, Oak Brook, Illinois PIN: 06-27-302-009 Page 6 of 10 6 EXHIBIT A LOT 9 IN BROOK FOREST, A SUBDIVISION IN THE SOUTHEAST 1/4 AND IN THE SOUTHWEST 1/4 OF SECTION 27, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 26, 1965 AS DOCUMENT R65-27092, AND CERTIFICATE OF CORRECTION FILED SEPTEMBER 24, 1965 AS DOCUMENT R65-37405, IN DUPAGE COUNTY, ILLINOIS. Ordinance No. 2024-ZO-V-EX-S-1715 Variation from Section 13-3-17.B.2 19 Mockingbird Lane, Oak Brook, Illinois PIN: 06-27-302-009 Page 7 of 10 7 EXHIBIT B SITE PLAN & FENCE IMAGE I-1 H Ordinance No. 2024-ZO-V-EX-S-1715 Variation from Section 13-3-17.B.2 19 Mockingbird Lane, Oak Brook, Illinois PIN: 06-27-302-009 Page 10 of 10 10 EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT LEGAL DESCRIPTION Property: LOT 9 IN BROOK FOREST, A SUBDIVISION IN THE SOUTHEAST 1/4 AND IN THE SOUTHWEST 1/4 OF SECTION 27, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 26, 1965 AS DOCUMENT R65-27092, AND CERTIFICATE OF CORRECTION FILED SEPTEMBER 24, 1965 AS DOCUMENT R65-37405, IN DUPAGE COUNTY, ILLINOIS. PINS: 06-27-302-009