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S-1341 - 506 Wood - VARDUPAGE COUNTY AUG -10,2012 9:59 AM PLAT 06 —36-300-088 OWPAGES R2012-104993 eve 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: Property Address/es 506 Wood Road, Oak Brook, Illinois 60523 If vacant land, so state and list nearest cross streets) PIN No(s). 06-36-300-088 Name and Address of Name and Address of Responsible: Same Party to Receive Copy of Recorded Document and Billina Susan and Trov Aonlevard G/L Account to be charged: 10-1365 Prepared By and Return to: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 Name & Address of Recipient V N/A of Consideration (when applicable): G/L Account to be charqed: STATE OF ILLINOIS ) ) SS. COUNTIES OF COOK AND DUPAGE ) I, Charlotte K. Pruss, do hereby certify that I am the duly elected and acting Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois. I DO FURTHER CERTIFY that on June 12, 2012 the corporate authorities of the above municipality passed and approved: ORDINANCE 2012-ZO-V-EX-S-1341 AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF SECTIONS 13-6B.=3F.1 13 -6B -3F.2(4) afld`13434bA 3"(b), OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO SETBACK REQUIREMENTS AT 506 WOOD ROAD IN THE VILLAGE OF OAK BROOK I DO FURTHER CERTIFY that the original document, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same. I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties, Illinois. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 9th day of A„g„G* . 2012 Charlotte K. Pruss ' Village Clerk ,Village of Oak Brook ;,DuPage and Cook Counties, Illinois t ORDINANCE 2012-ZO-V-EX-S-1341 AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF SECTIONS 13 -6B -3F.1 13-613-3F.2(a) and 13-3-6A.3(b), OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO SETBACK REQUIREMENTS AT 606 WOOD ROAD IN THE VILLAGE OF OAK BROOK (PIN: 06-36-300-088) WHEREAS, an application has been filed by the owners of the property located at 506 Wood Road, Oak Brook, Illinois and legally described in Exhibit A attached hereto and incorporated herein ("Property'), Susan and Troy Appleyard (collectively, the "Petitioners"), requesting variations from Sections 13-613-3F.1, 13-613-3F.2(a), and 13-3-6A.3(b) of the "Zoning Ordinance of the Village of Oak Brook," as amended ("Zoning Regulations"), to allow for: (i) the construction of an addition to the house located on the Property ("Addition") that encroaches into the required font -yard setback and the required side -yard setback; and (ii) the construction of a detached garage ("Garage") within the required side yard (collectively, the "Variations"); and WHEREAS, the Property is located in the R-2 Single -Family Detached Residence District ("R-2 District'); and WHEREAS, Section 13 -6B -3F.1 of the Zoning Regulations requires properties located within the R-2 District to have a front -yard setback of not less than 40 feet in depth ("Required Front -Yard Setback'); and WHEREAS, Section 13-613-3F.2(a) of the Zoning Regulations requires properties located within the R-2 District that have a side -yard that abuts a street to have a side -yard setback of not less than 40 feet in depth ("Required Side Yard Setback'); and WHEREAS, Section 13-3-6A.3(b) of the Zoning Regulations prohibits a detached accessory structure from being located in a required side yard; and WHEREAS, the Addition will encroach into the Required Front -Yard Setback along Washington Street by approximately 11.46 feet and the Required Side -Yard Setback along Wood Road by approximately 18.25 feet; and WHEREAS, the Garage will encroach into the required side -yard along Wood Road by approximately 18.25 feet; and WHEREAS, on May 1, 2012, pursuant to due and appropriate legal notice, the Oak Brook Zoning Board of Appeals conducted a public hearing on the request for the Variations; and WHEREAS, after the close of the public hearing, the Zoning Board of Appeals found that the Petitioners satisfactorily addressed the factors required for approval of the Variations set forth in Section 13-14-61) of the Zoning Regulations and recommended approval of the Variations subject to certain conditions; and Ordinance 2012-ZO-V-EX-S-1341 Grntng. Variations from Sections 13-66-3F.1, 13-66-3F2(a) and 13-3-6A.3(b) of Title 13 For 506 Wood Road — 06-36-300-088 Page 2 of 9 WHEREAS, the President and Board of Trustees have reviewed the recommendation of the Zoning Board of Appeals and deem the Variations as set forth below to be in the best interests of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows: Section 1. Recitals. The foregoing recitals are restated and incorporated herein as the findings of the President and Board of Trustees. Section 2. Grant of Variations For Addition. Pursuant to the standards set forth in Section 13-14-6D of the Zoning Regulations, and subject to and contingent on the conditions set forth in Section 4 of this Ordinance, the Petitioners are hereby granted variations from Sections 13 -6B -3F.1 and 13-6B- 3F.2(a) of the Zoning Regulations to allow the Addition to encroach into the Required Front -Yard Setback along Washington Street by approximately 11.46 feet and the Required Side -Yard Setback along Wood Road by approximately 18.25. Section 3. Grant of Variations For Garage. Pursuant to the standards set forth in Section 13-14-6D of the Zoning Regulations, and subject to and contingent on the conditions set forth in Section 4 of this Ordinance, the Petitioners are hereby granted a variation from Section 13-3-6A.3(b) of the Zoning Regulations to allow the Garage to encroach into the required side yard along Wood Road by approximately 18.25 feet. Section 4. Conditions. The approvals granted in Sections 2 and 3 of this Ordinance are expressly subject to and contingent upon each of the following conditions: A. Substantial Conformance with Plans. The Addition and Garage shall be constructed in substantial conformance with the approved plans dated April 16, 2012 attached hereto and incorporated herein as Exhibit B; B. Compliance with Zoning Regulations and Village Code. The Petitioners shall comply with the Zoning Regulations and all of the provisions contained in the "Village Code of the Village of Oak Brook, Illinois," as amended, that are in effect on the date that the Petitioners submit their building permit application to the Village except as may be specifically varied or waived; and C. Compliance with Applicable Law. In addition to the other specific requirements of this Ordinance, the Property, the Addition, the Garage and all of the Petitioners' 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 5. Failure to Comply with Conditions. Upon failure or refusal of the Petitioners to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the Variations granted in Sections 2 and 3 of this Ordinance will, at the sole discretion of the President and Board of Trustees, by ordinance duly adopted, be revoked and become null and void. Section 6. Binding Effect. This Ordinance and the privileges, obligations, and provisions contained herein shall inure solely to the benefit of, and be binding upon, the Petitioners and any and all of the Petitioners' heirs, successors, and assigns, and upon any and all current and successor legal or beneficial owners of all or any portion of the Property. Section 7. 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 8. Effective Date. Ordinance 2012-ZO-V-EX-S-1341 Grntng. Variations from Sections 13-66-3F.1, 13-6B-3F2(a) and 13-3-6A.3(b) of Title 13 For 506 Wood Road — 06-36-300-088 Page 3 of 9 A. This Ordinance will be effective only upon the occurrence of all of the following events: i. Passage by the President and Board of Trustees of the Village of Oak Brook in the manner required by law; ii. Publication in pamphlet form in the manner required by law; and iii. The filing by the Petitioners with the Village Clerk, for recording in the Office of the DuPage County Recorder of Deeds, of an 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 Petitioners. The unconditional agreement and consent must be substantially in the form attached hereto and incorporated herein as Exhibit C. B. In the event that the Petitioners do not file with the Village Clerk the unconditional agreement and consent required by Paragraph 8.A.(iii) of this Ordinance within 60 days after the date of final passage of this Ordinance, the Board of Trustees of Trustees will have the right, in their sole discretion, to declare this Ordinance null and void and of no force or effect. APPROVED THIS 12th day of June, 2012. Gopal G. Lalmalani Village President PASSED THIS 12th day of June, 2012. Ayes:_ Trustees Aktipis, Manzo Moy, Wolin Yusuf and Zannis ATTEST: &4�� — Charlotte K. Pruss Village Clerk EXHIBITA LEGAL DESCRIPTION Property: Ordinance 2012-ZO-V-EX-S-1341 Grntng. Variations from Sections 13 -6B -3F.1, 13-6B-3F2(a) and 13-3-6A.3(b) of Title 13 For 506 Wood Road — 06-36-300-088 Page 4 of 9 PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED BY COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 36, THENCE WEST 10 CHAINS ALONG THE SECTION LINE TO THE CENTER LINE OF ROAD, NOW KNOWN AS WASHINGTON STREET; THENCE NORTH ALONG THE CENTER LINE OF WASHINGTON STREET 413 FEET FOR A PLACE OF BEGINNING (SAID PLACE OF BEGINNING BEING THE INTERSECTION OF THE CENTER LINE OF WASHINGTON STREET AND THE NORTH LINE OF WOOD AVENUE EXTENDED EAST), THE NORTH LINE OF WOOD AVENUE BEING 33 FEET NORTH OF THE NORTH LINE OF BLOCK 4 OF GLENDALE SUBDIVISION, RECORDED SEPTEMBER 8, 1926 AS DOCUMENT 220961; THENCE NORTH ALONG THE CENTER LINE OF WASHINGTON STREET 74.57 FEET; THENCE WEST 10 CHAINS, MORE OR LESS, TO THE WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 36; THENCE SOUTH ALONG SAID WEST LINE 74.27 FEET TO THE NORTH LINE OF WOOD AVENUE, AFORESAID; THENCE EAST ALONG THE NORTH LINE OF WOOD AVENUE, AFORESAID, 10 CHAINS MORE OR LESS, TO THE PLACE OF BEGINNING (EXCEPTING THE WEST 450 FEET THEREOF) IN DUPAGE COUNTY, ILLINOIS. Commonly known as 506 Wood Road PIN: 06-36-300-088 Ordinance 2012-ZO-V-EX-S-1341 Grntng. Variations from Sections 13 -6B -3F.1, 13-6B-3F2(a) and 13-3-6A.3(b) of Title 13 For 506 Wood Road — 06-36-300-088 Page 5 of 9 Exhibit B Site Plan JM12M - aPpt A+ �BIpENCE III111i e e e ■ ee■■� �I 111■IIIIIIIIIIIIII� �Is�N us In ` IIIOI IIIIIIIIII`II ,❑ GG •�, IIIIIIIII�II'' III 11jjjjj ul'IIIII i.. ,III II�I'llll�lllll -1 r � .. IIIIIIIIIIL, ► ....,.. ammnnk 1 �:: it ,IIL-1111 �� ::,:_,� IIIIIIIInV III III Gli�o In1111 �pp I h�III�II\ ' Illinlilllllllllnl:ll��.l _ 1111111 � IIe�111�1111111111� '::�: im Cm cl IIS■ �"""""'"^' a• 19e1h1111 I f OR • • ■ -eIIllAlll ; hIII JM12M - aPpt A+ �BIpENCE �A�F04�t��y s� gm i �~iRzz��m �i R ya `�gm�il Fnm� A mr yy t �4 gmmz�A� z 9 ml��°�A ggm�m A�°8 H� JBI2142 - APPLEYARD RESIDENCE E O M R 8 yy_ LII A E 1 b [XI X K ti_ gg I z I U.ESTERLY LRE OF U ASMINGTON STREET WASHINGTON STREET D Ordinance 2012-ZO-V-EX-S-1341 Grntng. Variations from Sections 13-0-3F.1, 13-66-3F2(a) and 13-3-6A.3(b) of Title 13 For 506 Wood Road — 06-36-300-088 Page 6 of 9 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Oak Brook, Illinois ("Village") WHEREAS, an application was filed by the owners of the property located at 506 Wood Road, Oak Brook, Illinois and legally described in Exhibit 1 ("Property'), Susan Appleyard and Troy Appleyard (collectively, the "Owners"), requesting variations to allow for: (i) the construction of an addition to the house located on the Property that encroaches into the required font -yard setback along Washington Street by approximately 11.46 feet and the required side -yard setback along Wood Road by approximately 18.25 feet; and (ii) the construction of a detached garage within the required side yard; and WHEREAS, Ordinance No. 2012-ZO-V-EX-S-1341, adopted by the President and Board of Trustees of the Village of Oak Brook on June 12, 2012, ("Ordinance") grants approval of variations, subject to certain modifications, conditions, restrictions, and provisions; and WHEREAS, Subsection 8 of the Ordinance provides, among other things, that the Ordinance will be of no force or.effect unless and until the Owners file this Unconditional Agreement and Consent with the Village Clerk and consent to accept and abide by each of the terms, conditions and limitations set forth in the Ordinance; NOW, THEREFORE, the Owners do hereby agree and covenant as follows 1. The Owners hereby unconditionally agree to accept, consent to, and abide by all of the terms, conditions, restrictions, and provisions of the Ordinance. 2. The Owners acknowledge and agree that: (i) public notices and hearings have been properly given and held with respect to the adoption of the Ordinance; (ii) the Owners have considered the possibility that the variations granted by the Ordinance may be revoked if the Owners do not comply with the Ordinance; and (iii) the Owners agree not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. The Owners acknowledge and agree 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 addition or the detached garage on the Property, 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 Owners agree to and do 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 such parties in connection with the construction, operation, and use of the addition, the detached garage, 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 Owners and their 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 them 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 Ordinance 2012-ZO-V-EX-S-1341 Grntng. Variations from Sections 13 -6B -3F.1, 13-6B-3F2(a) and 13-3-6A.3(b) of Title 13 For 506 Wood Road — 06-36-300-088 Page 7 of 9 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. 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. [SIGNATURE PAGE FOLLOWS] Ordinance 2012-ZO-V-EX-S-1341 Grntng. Variations from Sections 13 -6B -3F.1, 13-613-31F2(a) and 13-3-6A.3(b) of Title 13 For 506 Wood Road — 06-36-300-088 Page 8 of 9 IN WITNESS WHEREOF, Susan Appleyard executed this Unconditional Agreement and Consent this Sth day of �V L4 , 2012 Susan AppleyarYi State of Illinois County of DuPage I, ��' P0 a Notary Public in and for the County and State aforesaid do hereby certify that Susan Appleyard, personally known to me, and that she appeared before me this SK_ day of J( 2012, and acknowledged that she personally executed this instrument. OFFlCIALSEAL�]/� /J LNotaGAIL POLANEK Public-Stateoflit(nois Notary Public ry Commission Expires Jul 12, 2014 Seal IN WITNESS W1HEFj,EOF, Troy Appleyard executed this Unconditional Agreement and Consent this ,57 F day of iJ_g=y � 2012 TroyAp yard State of Illinois County of DuPage I, Cv/� �0 C� ME/G a Notary Public in and for the County and State aforesaid do hereby certify that Troy Appleyard, personally known to me, and that he appeared before me this 52 day of Ju 2012, and acknowledged that he personally executed this instrument. OFFICIALSEAL _-L/E /'� �f �L GAIL POtANEK - Notary Public Notary Public- State of Illinois Seal My Commission Expires Jul 12, 2014 Ordinance 2012-ZO-V-EX-S-1341 Grntng. Variations from Sections 13 -6B -3F.1, 13-66-3172(a) and 13-3-6A.3(b) of Title 13 For 506 Wood Road — 06-36-300-088 Page 9 of 9 EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT Property: PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED BY COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 36, THENCE WEST 10 CHAINS ALONG THE SECTION LINE TO THE CENTER LINE OF ROAD, NOW KNOWN AS WASHINGTON STREET; THENCE NORTH ALONG THE CENTER LINE OF WASHINGTON STREET 413 FEET FOR A PLACE OF BEGINNING (SAID PLACE OF BEGINNING BEING THE INTERSECTION OF THE CENTER LINE OF WASHINGTON STREET AND THE NORTH LINE OF WOOD AVENUE EXTENDED EAST), THE NORTH LINE OF WOOD AVENUE BEING 33 FEET NORTH OF THE NORTH LINE OF BLOCK 4 OF GLENDALE SUBDIVISION, RECORDED SEPTEMBER 8, 1926 AS DOCUMENT 220961; THENCE NORTH ALONG THE CENTER LINE OF WASHINGTON STREET 74.57 FEET; THENCE WEST 10 CHAINS, MORE OR LESS, TO THE WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 36; THENCE SOUTH ALONG SAID WEST LINE 74.27 FEET TO THE NORTH LINE OF WOOD AVENUE, AFORESAID; THENCE EAST ALONG THE NORTH LINE OF WOOD AVENUE, AFORESAID, 10 CHAINS MORE OR LESS, TO THE PLACE OF BEGINNING (EXCEPTING THE WEST 450 FEET THEREOF) IN DUPAGE COUNTY, ILLINOIS. Commonly known as 506 Wood Road PIN: 06-36-300-088