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S-1541 - 07/10/2018 - VARIATION - Ordinances FRED BUCHOLZ DUPAGE COUNTY RECORDER JUL. 25, 2018 10:22 AM OTHER $38.00 06-24-203-001 012 PAGES R2018- 068754 (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: 2018-ZO-V-EX-S-1541 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13-6C-3F.2(a) OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO THE REQUIRED SIDE YARD SETBACK ABUTTING A STREET FOR THE PROPERTY AT 9 WOODSIDE DRIVE IN THE VILLAGE OF OAK BROOK ILLINOIS Property Address/es 9 WOODSIDE DRIVE OAK BROOK, ILLINOIS 60523 If vacant land, so state and list nearest cross streets) PIN No(s). 06-24-203-001 Name and Address of Applicant: Jorge E Luna Name and Address of Owner: Same Name and Address of Responsible Party to Receive Copy of Recorded Document and Billing: Jorge E Luna 6419 Emerald Court Willowbrook, IL 60527 G/L Account to be charged: 10-1365 Prepared By and Return to: Village of Oak Brook 1200 Oak Brook Roa Oak Brook, Illinois 60523-2255 Name &Address of Recipient of Consideration (when applicable): N/A G/L Account to be charged: 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 July 10, 2018, the corporate authorities of the above municipality passed and approved: ORDINANCE 2018-ZO-V-EX-S-1541 AN ORDINANCE GRANTING VARIATION FROM PROVISIONS OF SECTION 13-6C-3F.2a OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO THE SIDE YARD SETBACK ABUTTING A STREET FOR THE PROPERTY LOCATED AT 9 WOODSIDE DRIVE IN THE VILLAGE OF OAK BROOK, ILLINOIS PIN: 06-24-203-001 1 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. 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 24th day of July, 2018 . Charlotte K. Pruss Village Clerk tO r r ,� r Village of Oak Brook ACA. DuPage and Cook Counties, Illinois ORDINANCE 2018-ZO-V-EX-S-1541 AN ORDINANCE GRANTING VARIATION FROM PROVISIONS OF SECTION 13-6C-3F.2a OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO THE SIDE YARD SETBACK ABUTTING A STREET FOR THE PROPERTY LOCATED AT 9 WOODSIDE DRIVE IN THE VILLAGE OF OAK BROOK, ILLINOIS PIN: 06-24-203-001 WHEREAS, an application has been filed by Jorge Luna, the Owner ("Owner"), of the property located at 9 Woodside Drive, Oak Brook, Illinois, which is legally described in Exhibit A attached hereto and incorporated herein ("Property"), requesting a Variation from Sections 13-6C-3F.2a ("Variation") of the Zoning Ordinance of the Village of Oak Brook, as amended ("Zoning Regulations"), to allow for the construction of a new, attached two (2) car garage ("New Garage Addition"); and WHEREAS, the Property is located in the R3 Single-Family Detached Residence District ("R3 District"); and WHEREAS, Section 13-6C-3F.2a of the Zoning Regulations does not allow for properties located in the R3 District to have a side yard setback abutting a street to have a depth of less than 40 feet ("Side Yard Setback Abutting a Street'); and WHEREAS, the proposed two (2) car attached garage will encroach into the Side Yard Setback Abutting a Street by approximately 24 '/2 feet for a reduced side yard setback of approximately 15-8"; and WHEREAS, on May 1, 2018, the Oak Brook Zoning Board of Appeals ("ZBA") conducted a public hearing on the application for the requested Variation, pursuant to due and appropriate legal notice; and WHEREAS, after the close of the public hearing, the ZBA found that the Owner satisfactorily addressed the factors required for approval of the Variation set forth in Section 13-14-6D of the Zoning Regulations and in a letter to the President and Board of Trustees dated June 18, 2018 recommended unanimous approval of the Variation subject to certain conditions; and WHEREAS, on July 10, 2018, the Village President and the Board of Trustees reviewed the recommendations and concurred with the findings made by the ZBA; and WHEREAS, the applicable requirements of Section 13-14-6D of the Village Code relating to the granting of Variation to the Zoning Regulations have been met and the Village President and the Board of Trustees deem the Variation, 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. Restatement and Grant of Variation. Subject to, and contingent on the conditions, restrictions, and provisions set forth in Section Three of this Ordinance, the Village Board of Trustees shall, and does hereby, approve a Variation to the Zoning Regulations to permit: Ordinance 2018-ZO-V-EX-S-1541 9 Woodside Drive-Variation PIN: 06-24-203-001 Page 2 of 8 A. Variation to Section 13-6C-3F.2a of the Zoning Regulations to allow the New Garage Addition to encroach into the required 40-foot Side Yard Setback Abutting a Street by approximately 24 'h feet for a reduced side yard setback of approximately 15'-8"; and 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 New Garage Addition shall be constructed in substantial conformance with the Site Plan Exhibit and Conceptual Building Elevation Exhibit attached hereto and incorporated herein collectively as Exhibit B. B. Compliance with Zoning Regulations and Village Code. The Owner shall comply with the Zoning Regulations that are in effect on the date that the Owner submits the building permit application to the Village 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, the Property, the New Garage Addition, and 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 in Section 2 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 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 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 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. B. In the event that the Owner does not file with the Village Clerk the unconditional agreement and consent required by Paragraph 7.A.iii of this Ordinance 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. Ordinance 2018-ZO-V-EX-S-1541 9 Woodside Drive-Variation PIN: 06-24-203-001 Page 3 of 8 APPROVED THIS 10th day of July, 2018. Gopal G. Lalmalani Village President PASSED THIS 10th day of July, 2018. Ayes: Trustees Baar, Manzo, Saived, Tiesenga, Yusuf Nays: None Absent: None Abstain: Trustee Cuevas OF 044, ATTEST- Yl ., Charlotte K. Pruss Village Clerk Ordinance 2018-ZO-V-EX-S-1541 9 Woodside Drive-Variation PIN: 06-24-203-001 Page 4 of 8 EXHIBIT A LEGAL DESCRIPTION Property: LOT 9 IN WOODSIDE ESTATES, BEING A SUBDIVISION IN THE WEST 1/2 OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 39, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 26, 1948 AS DOCUMENT 556874, IN DUPAGE COUNTY, ILLINOIS PIN: 06-24-203-001 Ordinance 2018-ZO-V-EX-S-1541 9 Woodside Drive-Variation PIN: 06-24-203-001 Page 5 of 8 EXHIBIT B SITE PLAN and BUILDING ELEVATIONS 2 CAR GARAGE ADDITION TO Zoning -R-3 Front yord -40'-0" EXISTING SINGLE FAMILY Interior aayord .A. Q_qRESIDENCE y \ 9 WOODSIDE DRIVE proposed -15.g• �O 3 OAKBROOK *** ILLINOIS ��fljO 5 LEADER ARCHIeco TECTTS380 A ��\��\ � \`\ "� J4`�`sj $ 70&715-5005 not s.Frstverve new garage area q. Leader.ucrited @ gmad.cam Mvv—d L 60153 ` /' area of In\l� of encroach-.., a to se}back/ garage '\ / exist.AC allowed y�•-pw 9 WOODSIDE DRIVE / exist. \ —� roof overhang 4a wood OAKBROOK *** ILLINOIS g ,/ deck 000 2T'-0' O®O / JF1' e q b+ \ / EKISTING I STORY j 'S BRICK/FRAME 2 CAR N N RESIDENCE M9 GARAGE 12 Cb \LI 19 \r91'EZ new \ `•� \ driveway exist.front parch_ r S` ununr rr hoose area of •• ? s" encroachment ir `\`J\SOF Il(ON Into setback y; •s _ .ALAN LESKIV* .xis,.driveway \'Q ARCIRIECT •p fe. i sid riewalk '!•• `�� ty 1\ J no change n� � F•oo'O�ryL\. r�P'b'•LIE I,1 �O Exp e `r'Wr�•�i101 �. m>.hown Scda: Note. A P- Architectural Site Plan seems"°IIO1�fOf �•- �� � root Overhang -LE — SCALE:1" =20' ,•t.. ';.'• sneer a ■ •v ., v%''✓�Y/'/ii/"�''/i i�0% �$ ''f2%�b ff.@ %'G..4iDW i'DD% 4' ::,%iyi"//,% $'pve"ri.. �'k'!s'A6°lviryiHS"G.7r y�'9.y9y'',y o%ii;i'f'•i9%�D i'p7%Y' Niel g �r�r�,,��i4iGig000r�O I/,.i, N D• : 6 � Di�9iyiyiiG�6� �Do smop, 7// , yi= ti+,rG -,: r0 a �""// ORF////gi///%/I//r,�rrr5r�i0GGri�p�rr �/p r o4 : r��,�q r��oi; €/ / ,,.;.:r //�� FW V M 0 r/01 V///,V///,I .':e�r///.V�/6i III mo"9.G,� :."////� //f/r,!GiOr'r/iGirr006rriiGp��j�0��o� Disy '� ..i////ir,,Or6G1Dr ��t■■ � y r�oo / /%$ y's _—� � �■E M■■■M!E Eli■■,1 r01sr' D �6� , mgrir Imo_I ISI ISI ISI ISI ISI I� .yo rrG� 0rrr � ��•'���— ��'>, i��vn$,oi_������o�G6����.�'„`r �tp�_ ==-r���.�.— �,���.yq,�ro ri•�� 9 ��� `• - -- J--rr'�'�����=�,,,a �oe,�,"��a��i�?�%�%� �o��y��,, �t���%_==__�����'�����Ir�r������� ISI ISI lil I���� ISI ISI ISI ISI lil ISI I�,•=t ���r .•�_ ISI I�yyl ISI I�c,,_� w'i ISI I FOR I ISI I FEE %//V///////'////%//w ■ •- • • 1 / 9g�r �� gDi'//r gh r Ori '. �10 ....,ter- ----�fj� =}jamJ_LIM L •• - ° ..ear � e������I��� �f���• 0 00 RIF Ordinance 2018-ZO-V-EX-S-1541 9 Woodside Drive-Variation PIN: 06-24-203-001 Page 6 of 8 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Oak Brook, Illinois ("Village"): WHEREAS, an application has been filed by Jorge Luna, as Owner ("Owner"), of the property located at 9 Woodside Drive, Oak Brook, Illinois, which is legally described in Exhibit A attached hereto and incorporated herein ("Property's, requesting a Variation from Section 13-6C-3F.2a ("Variation's of the Zoning Ordinance of the Village of Oak Brook, as amended ("Zoning Regulations', to allow for the construction of a new attached two (2) car-garage ("New Garage Addition"); and WHEREAS, Ordinance No. 2018-ZO-V-EX-S-1541, adopted by the President and Board of Trustees of the Village of Oak Brook on July 10, 2018 ("Ordinance"), grants approval of the Variation, subject to certain modifications, conditions, restrictions, and provisions; and WHEREAS, Section 7 of 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: (i) 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 Garage 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 2018-ZO-V-EX-S-1541 9 Woodside Drive-Variation PIN: 06-24-203-001 Page 7 of 8 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. IN WITNESS WHEREOF, Jorge Luna, owner, executed this Unconditional Agreement and Consent on this f)"Iday of T%)1- 2018, Jorge Luna State of Illinois ) County of DuPage ) I, to#4/L 1004AiVCX a Notary Public in and for the County and State aforesaid do hereby certify that Jorge Luna, personally known to me, and that he appeared before me this //Akay of 2018, and acknowledged that he personally executed this instrument. Notary Public V GAIL POLANEK OFFICIAL SEAL Notary Public,State of Illinois My Commission Expires April 10,2022 Ordinance 2018-ZO-V-EX-S-1541 9 Woodside Drive-Variation PIN: 06-24-203-001 Page 8 of 8 EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT LEGAL DESCRIPTION Property: LOT 9 IN WOODSIDE ESTATES, BEING A SUBDIVISION IN THE WEST 1/2 OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 39, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 26, 1948 AS DOCUMENT 556874, IN DUPAGE COUNTY, ILLINOIS PIN: 06-24-203-001