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Home My WebLink AboutS-1727 - 3702 Frederick Dr - Setback Varition THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS ORDINANCE NUMBER 2025-ZO-V-EX-S-1727 AN ORDINANCE GRANTING A VARIATION FROM SECTION 13-6B-3.H.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 3702 FREDERICK DRIVE 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 the authority of the President and the Board of Trustees of the Village of Oak Brook on the 22nd day of April 2025 Ordinance No. 2025-ZO-V-EX-S-1727 Variance (Section 13-6B-3.H.3) 3702 Frederick Drive, Oak Brook, Illinois PIN: 06-35-401-019 Page 2 of 9 2 ORDINANCE NO. 2025-ZO-V-EX-S-1727 AN ORDINANCE GRANTING A VARIATION FROM SECTION 13-6B-3.H.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 3702 FREDERICK DRIVE IN THE VILLAGE OF OAK BROOK, ILLINOIS PIN: 06-35-401-019 WHEREAS, the Village of Oak Brook is a municipal corporation with authority provided for and granted pursuant to the Illinois Municipal Code to exercise certain powers and perform certain functions pertaining to its local government and affairs; 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, an application has been filed by Veronica and David Northey, the Owner (hereinafter referred to as the “Owner”), of the property located at 3702 Frederick Drive, 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 13-6B- 3.H.3 of the Zoning Ordinance of the Village of Oak Brook, as amended, to permit and allow a 14’-3” reduction in the required rear yard setback from 60’-0” to 45’-9” for an enclosed porch. (hereinafter referred to as the “Variation”); WHEREAS, the Village of Oak Brook Planning & Zoning Commission (the “Commission”) on April 2, 2025 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 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 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 Owner’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 Owner 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. 2025-ZO-V-EX-S-1727 Variance (Section 13-6B-3.H.3) 3702 Frederick Drive, Oak Brook, Illinois PIN: 06-35-401-019 Page 3 of 9 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 13-6B-3.H.3 of the Zoning Ordinance of the Village of Oak Brook, as amended, to permit and allow a 14’-3” reduction in the required rear yard setback to 45’-9” in lieu of the 60’-0” otherwise required for the property commonly referred to as 3702 Frederick 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 enclosed porch for the 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 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. EXHIBIT A LOT 3 IN WENDEL WOODS RESUBDIVISION, A RESUBDIVISION OF LOT 3 IN WAGNER'S WOODS, BEING A SUBDIVISION OF PART OF THE SOUTHEAST 1/4 OF SECTION 35, TOWNSHIP 39 NORTH, RANGE 11, ALSO LOT 4 (EXCEPT THE SOUTH 186 FEET AS MEASURED ON THE WEST LINE ANO ON THE EAST LINE OF THE WEST 264.5 FEET OF SAID LOT 4) IN WENDEL WOODS, BEING A SUBDIVISION OF PART OF THE EAST HALF OF THE SOUTHEAST 1/4 OF SECTION 35, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID RESUBDIVISION RECORDED JUNE 4, 1976 AS DOCUMENT R76-34909, IN DUPAGE COUNTY, ILLINOIS. COMMONLY KNOWN AS: 3702 Frederick Drive, Oak Brook, IL 60523 PERMANENT INDEX NUMBER: 06-35-401-019 Ordinance No. 2025-ZO-V-EX-S-1727 Variance (Section 13-6B-3.H.3) 3702 Frederick Drive, Oak Brook, Illinois PIN: 06-35-401-019 Page 6 of 9 6 EXHIBIT B Sheet No. Sheet Title Date SK1 John Conrad Schiess 60' SETBACK 93'-8 3/8"19'-2 3/8"54'-4 13/16" 14'-3"45'-9"DNEAST PPL 119.0'NORTH PPL 98.0'EAST PPL 93.0'NORTH PPL 166.50' PROPOSED SCREEN PORCH 267.50 SQ FT SOUTH PPL 264.50' WOOD DECK EXISTING TREE Scale: 1" = 30'-0"FREDERICK DRIVEDRIVEWAY EXISTING TREE 3702 FREDERICK DR 2 STORY SINGLE FAMILY RESIDENCE SITE PLANCREEKWEST PPL 212.0'EXISTING TREE PROPOSED SETBACK TO ROOF WHIRPOOL TUB PREVIOUS PERMIT ISSUED PERMIT # BP-24-845 INTERIOR RENOVATION PREVIOUS PERMIT ISSUED UNDER OLD PERMITTING SYSTEM # BP-24-516 BRICK PAVER WALK ZONING DISTRICT: R2 SINGLE FAMILY DETACHED RESIDENCE DISTRICT FRONT YARD SETBACK 40'-0"54'-3 13/16" INTERIOR SIDE YARD SETBACK 18' or 23' *NORTH_____19' - 2 3/8" SOUTH_____93' - 8 3/8" REAR YARD SETBACK 60'-0"45'-9" (14'-3" REDUCTION) BUILDING DATA BUILDING AREA____________________________________3,421 SQ FT DRIVEWAY + WALK_________________________________2,070 SQ FT (IMPERVIOUS) BRICK PAVERED WALK_____________________________306 SQ FT (PERVIOUS) OPEN WOOD DECK________________________________1,212.5 SQ FT (PERVIOUS) NEW SCREEN PORCH______________________________267.50 SQ FT ZONING ANALYSIS: R-2 DISTRICT PROPOSED MINIMUM LOT AREA 43,530 SQ FT (1 ACRE) 44,412 SQ FT (1.02 ACRE) MINIMUM LOT WIDTH 150'-0"212'-0" MAXIMUM STRUCTURE HEIGHT 45'-0"20'-0" MAXIMUM PRINCIPAL BUILDING LOT COVERAGE 0.20 (8,882.4 SF)0.08 (3,421SF (BUILDING) + 267.50 (ENCLOSED PORCH) = 3,688.5 SQ FT) MAXIMUM LOT COVERAGE 0.375 (16,654.5 SF) 0.13 (3,688.5 SF (BUILDING) + 2,070 SF (DRIVEWAY + WALK) = 5,758.5 SF) MAXIMUM FAR 0.4 0.1 BASEMENT____________1,097 SQ FT 1ST FLOOR____________2,324 SQ FT 2ND FLOOR____________1,085 SQ FT NEW SCREEN PORCH___267.50 SQ FT TOTAL________________4,773.5 SQ FT architecture +COPYRIGHT: John C. Schiess expressly reserves and affirm his common law copyright and other copyrights in these drawings and documents. These contain original material and ideas. These drawings and documents are not to be reproduced changed or copied in any form or manner whatsoever, nor are they to be assigned to any third party, without ﬁrst obtaining the express written permission and consent of John C. Schiess. Architect + LEED AP 905 Home Avenue Oak Park, Illinois 60305 tel. 708.366.1500 john@jcsarchitect.com 3702 Frederick Dr Oak Brook, Illinois site plan REVIEW 01/31/2025 VIEW LOOKING NORTH OF EXISTING WOOD DECK VIEW LOOKING SOUTH OF EXISTING WOOD DECK DESIGN FIRM - ARCHITECT LICENSE # 184.007511-0001 001.014717 EXP. 04/30/2025 Issue for: VARIATION 02/21/2025 PROPOSED SCREEN PORCH Sheet No. Sheet Title Date SK2 John Conrad Schiess 1'3'-6"+/- 13' VARIESMATCH EXISTINGSCREENSCREEN EXISTING GRADE -VARIES EXISTING GRADE -VARIES EXISTING ROOF BEYOND NEW FASCIA TO MATCH EXISTING CABLE RAILINGS SYSTEM EXISTING GRADE -VARIES EXISTING CONC. PIER - TYP. EXISTING CONC. PIER - TYP. CABLE RAILINGS SYSTEM GLASS A SCREEN PORCH - WEST ELEVATION 4 12 SCALE: 1/4" = 1'-0"architecture +COPYRIGHT: John C. Schiess expressly reserves and a!rm his common law copyright and other copyrights in these drawings and documents. These contain original material and ideas. These drawings and documents are not to be reproduced changed or copied in any form or manner whatsoever, nor are they to be assigned to any third party, without ﬁrst obtaining the express written permission and consent of John C. Schiess. Architect + LEED AP 905 Home Avenue Oak Park, Illinois 60305 tel. 708.366.1500 john@jcsarchitect.com 3702 Frederick Dr Oak Brook, IllinoisREVIEW01/31/2025 DESIGN FIRM - ARCHITECT LICENSE # 184.007511-0001 001.014717 EXP. 04/30/2025 Issue for: VARIATION 02/21/2025 elevationPROPOSED SCREEN PORCH Sheet No. Sheet Title Date SK3 John Conrad Schiess 14'-3" 1'3'-6"SCREEN DOOR EXISTING TREE TO REMAIN - NOT SHOWN FOR CLARITY EXISTING TREE TO REMAIN - NOT SHOWN FOR CLARITY EXISTING GARAGE DOORCABLE RAILINGS SYSTEM EXISTING GRADE -VARIES GUTTER SCREEN NEW SHINGLES TO MATCH MAIN HOUSE SKYLIGHT - TYPICAL FOR 2 B SCREEN PORCH - SOUTH ELEVATION SETBACK PROTRUSION SCALE: 1/4" = 1'-0" PROPOSED ENCLOSED PORCH EXISTING MAIN HOUSE architecture +COPYRIGHT: John C. Schiess expressly reserves and a!rm his common law copyright and other copyrights in these drawings and documents. These contain original material and ideas. These drawings and documents are not to be reproduced changed or copied in any form or manner whatsoever, nor are they to be assigned to any third party, without ﬁrst obtaining the express written permission and consent of John C. Schiess. Architect + LEED AP 905 Home Avenue Oak Park, Illinois 60305 tel. 708.366.1500 john@jcsarchitect.com 3702 Frederick Dr Oak Brook, IllinoisREVIEW01/31/2025 DESIGN FIRM - ARCHITECT LICENSE # 184.007511-0001 001.014717 EXP. 04/30/2025 Issue for: VARIATION 02/21/2025 elevationPROPOSED SCREEN PORCH I I Ordinance No. 2025-ZO-V-EX-S-1727 Variance (Section 13-6B-3.H.3) 3702 Frederick Drive, Oak Brook, Illinois PIN: 06-35-401-019 Page 7 of 9 7 UNCONDITIONAL AGREEMENT AND CONSENT WHEREAS, an application has been filed by Veronica and David Northey, the Owner (hereinafter referred to as the “Owner”), of the property located at 3702 Frederick Drive, 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 13-6B- 3.H.3 of the Zoning Ordinance of the Village of Oak Brook, as amended, to permit and allow a 14’-3” reduction in the required rear yard setback from 60’-0” to 45’-9” for an enclosed porch. (hereinafter referred to as the “Variation”); WHEREAS, Ordinance No 2025-ZO-V-EX-S-1727 adopted by the Village President and Board of Trustees of the Village of Oak Brook on April 22, 2025 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. Owner, having read a copy of the Ordinance, does hereby unconditionally agrees to accept, concur with, consent to, and abide by all of the terms, conditions, restrictions, and provisions of the Ordinance, inclusive of, but not in any way limited to, those that pertain to the development, use, operation, and maintenance of the Subject Property. 2. Owner acknowledges and agrees that: (i) public notices and hearings have been properly given and held with respect to the adoption of the Ordinance; (ii) Owner has considered the possibility that the Special Use granted by the Ordinance may be revoked in the event of noncompliance with the Ordinance; and (iii) Owner agrees not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. 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 construction or use of the property, and that the Village’s issuance of any such permits does not, and will not, in any way, be deemed to insure Owner against damage or injury of any kind and at any time. 4. Any person violating the terms and conditions of the 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 the 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 the Ordinance including, without limitation, an action in equity to compel compliance with its terms. 5. Owner agrees and affirms that the undersigned individual(s) is(are) duly authorized to execute and enter into the binding nature of this Unconditional Agreement and Consent. 6. The Village shall record the Ordinance against the Subject Property, inclusive of this Unconditional Agreement and Consent, such that the terms provided herein shall be binding upon all parties in interest and all successors and assigns, to the extent such party continues to use the Subject Property in accordance with the approving Ordinance. 7. 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. Ordinance No. 2025-ZO-V-EX-S-1727 Variance (Section 13-6B-3.H.3) 3702 Frederick Drive, Oak Brook, Illinois PIN: 06-35-401-019 Page 9 of 9 9 EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT LEGAL DESCRIPTION Property: LOT 3 IN WENDEL WOODS RESUBDIVISION, A RESUBDIVISION OF LOT 3 IN WAGNER'S WOODS, BEING A SUBDIVISION OF PART OF THE SOUTHEAST 1/4 OF SECTION 35, TOWNSHIP 39 NORTH, RANGE 11, ALSO LOT 4 (EXCEPT THE SOUTH 186 FEET AS MEASURED ON THE WEST LINE ANO ON THE EAST LINE OF THE WEST 264.5 FEET OF SAID LOT 4) IN WENDEL WOODS, BEING A SUBDIVISION OF PART OF THE EAST HALF OF THE SOUTHEAST 1/4 OF SECTION 35, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID RESUBDIVISION RECORDED JUNE 4, 1976 AS DOCUMENT R76-34909, IN DUPAGE COUNTY, ILLINOIS. COMMONLY KNOWN AS: 3702 Frederick Drive, Oak Brook, IL 60523 PERMANENT INDEX NUMBER: 06-35-401-019