S-1462 - 06/14/2016 - VARIATION - Ordinancesi I I I1 I IIII
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FRED BUCH LZ
DUPAGE COUNTY RECORDER
JUN.29,2016 9:53 AM
010
PAGES6 R2016 8 065709
Above Space For Recorder's O ice nly)
VILLAGE OF OAK BROO
1200 Oak Brook Road
Oak Brook, IL 60523-2255
RECORDED DOCUMENT TITLE PAGE
Title of Document: ORDINANCE 2016-ZO-EX-S-1462 AN ORDINANCE GRANTING A VARIATION
FROM THE PROVISIONS OF SECTION 13-6B-3F.2 OF TITLE 13 ("ZONING REGULATIONS") OF THE
VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO THE REQUIRED REAR YARD
SETBACK FOR THE PROPERTY AT 31 BAYBROOK LANE IN THE VILLAGE OF OAK BROOK,
ILLINOIS 60523
Property Address/es 31 BAYBROOK LANE IN THE VILLAGE OF OAK BROOK, ILLINOIS 60523
If vacant land, so state and list nearest cross streets)
PIN No(s). 06-28-214-003
Name and Address of Applicant: Timothy and Elizabeth Weselak
31 Bavbrook Lane
Oak Brook, IL 60523
Name and Address of Responsible:
Party to Receive Copy of Same as above
Recorded Document and Billing
Prepared By and Return to: Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523-2255
G/L Account to be charged:
Name&Address of Recipient N/A
of Consideration (when applicable):
G/L Account to be charged:
ORDINANCE 2016-ZO-V-EX-S-1462
AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF
SECTION 13-6B-3F.2 OF TITLE 13 (“ZONING REGULATIONS”)
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
RELATIVE TO THE REQUIRED SIDE YARD SETBACK
FOR THE PROPERTY AT
31 BAYBROOK LANE IN THE VILLAGE OF OAK BROOK, ILLINOIS
(PIN: 06-28-214-003)
WHEREAS, an application has been filed by Timothy and Elizabeth Weselak (“Owners”), owners
of the property located at 31 Baybrook Lane, Oak Brook, Illinois and legally described in Exhibit A
attached hereto and incorporated herein (“Property”), requesting a variation ("Variation") from Section
13-6B-3F.2 of the "Zoning Ordinance of the Village of Oak Brook," as amended ("Zoning Regulations"),
to allow for the construction of an addition to the single-family residence on the Property ("Addition")
within the required side yard setback ("Requested Relief"); and
WHEREAS, the Property is located in the R2 Single-Family Detached Residence District ("R2
District"); and
WHEREAS, Section 13-6B-3F.2 of the Zoning Regulations does not allow for properties located
in the R2 District to have side yard setbacks less than 18 feet in depth ("Side Yard Setback"); and
WHEREAS, the Addition will encroach into the Side Yard Setback by approximately 8 feet for a
reduced side yard setback of approximately 10 feet for a length of approximately 39 feet 9 inches; and
W HEREAS, on May 3, 2016, the Oak Brook Zoning Board of Appeals ("ZBA") conducted a
public hearing on the Addition pursuant to due and appropriate legal notice on the application for the
Variation; and
WHEREAS, after the close of the public hearing, the ZBA found that the Owners 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 May 16, 2016, recommended
approval of the Variation subject to certain conditions; and
WHEREAS, the President and Board of Trustees have reviewed the recommendations of the
ZBA and 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. Grant of Variation. 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 3 of this
Ordinance, the Owners are hereby granted a variation from Section 13-6B-3F.2 of the Zoning Regulations
to allow the Side Yard Setback to be reduced to approximately ten feet (10’) to allow for the construction
of the Addition.
Ordinance 2016-ZO-V-EX-S-1462
Granting a Variation from the Provisions of Section 13-6B-3F.2
For 31 Baybrook Lane
PIN: 06-28-214-003
Page 2 of 8
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 Addition shall be constructed in substantial
conformance with the site plan prepared by Tects, LLC Architects on page K of the case file,
dated April 11, 2016 attached hereto and incorporated herein as Exhibit B; and
B. Compliance with Zoning Regulations and Village Code. The Owners shall comply with the
Zoning Regulations that are in effect on the date that the Owners submit their 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 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 Owners 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 Owners and any and all of
the Owners' 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 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 Owners 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 Owners. 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 Owners do 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 of Trustees will have the right, in their
sole discretion, to declare this Ordinance null and void and of no force or effect.
[SIGNATURE PAGE FOLLOWS]
Ordinance 2016-ZO-V-EX-S-1462
Granting a Variation from the Provisions of Section 13-6B-3F.2
For 31 Baybrook Lane
PIN: 06-28-214-003
Page 4 of 8
EXHIBIT A
LEGAL DESCRIPTION
Property:
The subject property is located at 31 Baybrook Lane in Oak Brook, Illinois and the legal description is as
follows:
LOT 84 IN GINGER CREEK, BEING A SUBDIVISION OF PARTS OF SECTION 27 AND SECTION 28,
TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED DECEMBER 30, 1960 AS DOCUMENT 992057, IN DUPAGE
COUNTY, ILLINOIS.
PERMANENT INDEX NUMBER: 06-28-214-003
Ordinance 2016-ZO-V-EX-S-1462
Granting a Variation from the Provisions of Section 13-6B-3F.2
For 31 Baybrook Lane
PIN: 06-28-214-003
Page 5 of 8
Exhibit B
Site Plan
.
Ordinance 2016-ZO-V-EX-S-1462
Granting a Variation from the Provisions of Section 13-6B-3F.2
For 31 Baybrook Lane
PIN: 06-28-214-003
Page 6 of 8
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois (“Village”):
WHEREAS, an application was filed by the owners, Timothy and Elizabeth Weselak (collectively,
“Owners"), of the property located at 31 Baybrook Lane, Oak Brook, Illinois and legally described in
Exhibit 1 attached hereto ("Property") requesting a variation ("Variation") to allow for the construction of
a new residence to encroach into the side yard setback, as set forth in Section13-6B-3F.2 of the "Zoning
Ordinance of the Village of Oak Brook," as amended ("Zoning Regulations"); and
WHEREAS, Ordinance No. 2016-ZO-V-EX-S-1462, adopted by the President and Board of
Trustees of the Village of Oak Brook on June 14, 2016 (“Ordinance”), grants approval of the Variation,
subject to certain modifications, conditions, restrictions, and provisions; and
WHEREAS, Subsection 7.B 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 consents 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 variation 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 on the Property, and that the Village’s issuance of any such permit
does not, and will not, in any way, be deemed to insure the Owners 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 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
affected privilege or right shall continue only until 21 years after the death of the last survivor of the now
Ordinance 2016-ZO-V-EX-S-1462
Granting a Variation from the Provisions of Section 13-6B-3F.2
For 31 Baybrook Lane
PIN: 06-28-214-003
Page 8 of 8
EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT
LEGAL DESCRIPTION
Property:
The subject property is located at 31 Baybrook Lane in Oak Brook, Illinois and the legal description is as
follows:
LOT 84 IN GINGER CREEK, BEING A SUBDIVISION OF PARTS OF SECTION 27 AND SECTION 28,
TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED DECEMBER 30, 1960 AS DOCUMENT 992057, IN DUPAGE
COUNTY, ILLINOIS.
PERMANENT INDEX NUMBER: 06-28-214-003