Loading...
S-1340 - 06/12/2012 - VARIATION - OrdinancesAUG.10,2012 OTHER 014 PAGES (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, IL 60523-2255 RECORDED DOCUMENT TITLE PAGE 9:56 AM 06— 33 — 201— 007 R2012-104985 OAK BROOK ILLINOIS Property Address/es 606 Midwest Club Parkway, Oak Brook, Illinois 60523 If vacant land, so state and list nearest cross streets) PIN No(s). 06-33-201-007 Name and Address of Name and Address of Responsible: Same Party to Receive Copy of Recorded Document and Billing John Stanton Stanton Architects Inc. 2310 Plainfield Road Crest Hill, IL 60403 G/L Account to be charged: 1365 Prepared By and Return to: Village of Oak Brook 1200 Oak Brook Road ak Brook, Illinois 60523- 255 Name & Address of Recipient of Consideration (when applic G/L Account to be charaed: ORDINANCE 2012-ZO-V-EX-S-1340 AN ORDINANCE GRANTING VARIATIONS FROM THE PROVISIONS OF SECTION 13-3-5 AND SECTION 13 -6C -3F.2 OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO SETBACK REQUIREMENTS AT 606 MIDWEST CLUB PARKWAY IN THE VILLAGE OF OAK BROOK (PIN: 06-33-201-007) WHEREAS, an application has been filed by the owners of the property located at 606 Midwest Club Parkway, Oak Brook, Illinois and legally described in Exhibit A attached hereto and incorporated herein ("Property'), Paula Lapinski and Jose Rios (collectively, the "Petitioners"), requesting variations from Sections 13-3-5 and 13 -6C -3F.2 of the "Zoning Ordinance of the Village of Oak Brook," as amended ("Zoning Regulations"), to allow for the construction of an addition ("Addition") within the Required Setbacks on the Property ("Variations"); and WHEREAS, the Property is located in the R-3 Single -Family Detached Residence District ("R-3 District'); and WHEREAS, Section 13-3-5 of the Zoning Regulations requires properties located along Oak Brook Road (31st Street) to not be less than 110 feet as measured from the section lines ("Oak Brook Road Setback Requirement'); and WHEREAS, Section 13 -6C -3F.2 of the Zoning Regulations requires properties located within the R-3 District to have a side -yard setback of not less than 12 feet in depth ("Side -Yard Setback Requirement') (collectively, with the Oak Brook Road Setback Requirement, the "Required Setbacks"); and WHEREAS, the Addition will encroach into the Oak Brook Road Setback Requirement by approximately seven feet and encroach in the Side -Yard Setback Requirement by approximately two feet; and WHEREAS, on May 1, 2012, the Oak Brook Zoning Board of Appeals conducted a public hearing on the request for the Variations, pursuant to due and appropriate legal notice; and WHEREAS, after the close of the public hearing, the Zoning Board of Appeals found that the Petitioners satisfactorily addressed the factors set forth in Section 13-14-6D of the Zoning Regulations required for approval of the Variations and recommended approval of the Variations subject to certain conditions; and 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. Ordinance 2012-ZO-V-EX-S-1340 Grnting. Variations from Section 13-3-5 and 13 -6C -3F.2 of Title 13 For 606 Midwest Club Parkway — 06-33-201-007 Page 2 of 10 Section 2. Grant of Variations. Pursuant to the standards set forth in Section 13-14-6D of the Zoning Regulations, and subject to and contingent upon the conditions set forth in Section 3 of this Ordinance, the Petitioners are hereby granted variations from Sections 13-3-5 and Section 13 -6C -3.F2 of the Zoning Regulations to allow the Addition to encroach into the Oak Brook Road Setback Requirement by approximately seven feet and into the Side -Yard Setback Requirement by approximately two feet. 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 approved plans dated March 23, 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 specifically varied or waived; and C. Compliance with Applicable Law. In addition to the other specific requirements of this Ordinance, the Property, the Addition, 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 4. 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 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 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 6. Severability. If any section, paragraph, clause or provision of this Ordinance shall beheld 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 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 7.A.(iii) of this Ordinance within 60 days after the date of Ordinance 2012-ZO-V-EX-S-1340 Grnting. Variations from Section 13-3-5 and 13 -6C -3F.2 of Title 13 For 606 Midwest Club Parkway — 06-33-201-007 Page 3 o 10 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] APPROVED THIS 12th day of June, 2012. PASSED THIS 121h day of June, 2012. Ordinance 2012-ZO-V-EX-S-1340 Grnting. Variations from Section 13-3-5 and 13 -6C -3F.2 of Title 13 For 606 Midwest Club Parkway — 06-33-201-007 Page 4 of 10 Village President Trustees Aktpis, Manzo, Moy, Wolin, Yusuf and Zannis None ATTESTS �% JD1f'V Charlotte K. Pruss Village Clerk EXHIBIT A LEGAL DESCRIPTION Property: Ordinance 2012-ZO-V-EX-S-1340 Grnting. Variations from Section 13-3-5 and 13 -6C -3F.2 of Title 13 For 606 Midwest Club Parkway — 06-33-201-007 Page 5 of 10 LOT 40 AND AN UNDIVIDED 1/220TH INTEREST IN LOT 221 IN THE MIDWEST CLUB PHASE 1, BEING A SUBDIVISION OF PART OF THE NORTH HALF OF SECTION 33, AND THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 6, 1978 AS DOCUMENT R78-116577, IN DUPAGE COUNTY, ILLINOIS. Commonly known as 606 Midwest Club Parkway, Oak Brook, IL PIN: 06-33-201-007 Ordinance 2012-ZO-V-EX-S-1340 Grnting. Variations from Section 13-3-5 and 13 -6C -3F.2 of Title 13 For 606 Midwest Club Parkway — 06-33-201-007 Page 6 of 10 Exhibit B Site Plan U -F "IPUBLlc " EASEMENT, I REAT LOT 40 I ; \---—--— — -- — I OUTLINE OF OVERHANG=--� / PROPOSED GARAGE OMIT ONE / FRONT ADDITION OPEN / PORCH PARKING / �K SPACE / EXISTING \ ®j / DRIVEWAY\ — 1J VIEW I-0-— TR@ESASHRUBS TO REMAIN FA Kim, • . , f \ ;=111►\\ �y _ _ •,`;, Ali'VIEW 2 10 SETE3AC-< _ , ' • FiROF05ED SITE PLN 006 MiF,)WES r c>_u5 SCALE" P = 20'-0" �xr+t ocl, /,—i3 5-13Y0 Ordinance 2012-ZO-V-EX-S-1340 Grnting. Variations from Section 13-3-5 and 13 -6C -3F.2 of Title 13 For 606 Midwest Club Parkway — 06-33-201-007 Page 7 of 10 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Oak Brook, Illinois ("Village") WHEREAS, an application was filed by the owners Paula Lapinski and Jose Rios ("Owners) requesting variations to allow the construction of an addition to encroach into the Required Setback of Oak Brook Road by approximately seven feet and into the side yard by approximately two feet on the property located at 606 Midwest Club Parkway, Oak Brook, Illinois and legally described in Exhibit 1 attached hereto ("Property'); and WHEREAS, Ordinance No. 2012-ZO-V-EX-S-1340, 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 7 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 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 2012-ZO-V-EX-S-1340 Grnting. Variations from Section 13-3-5 and 13 -6C -3F.2 of Title 13 For 606 Midwest Club Parkway — 06-33-201-007 Page 6 of 10 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-1340 Grnting. Variations from Section 13-3-5 and 13 -6C -3F.2 of Title 13 For 606 Midwest Club Parkway— 06-33-201-007 Page 9 of 10 IN WITNESS WHEREOF, Paula Lapinski executed this Unconditional Agreement and Consent this 21./(dayof Juwa 2012 '- Lapinski \ State of Illinois County of DuPage I, cUrti / !moo /o, �k a Notary Public in and for the County and State aforesaid do hereby certify that Paula Lapinski, personally known to me, and that she appeared before me this 0'y4 --day of ,Jive 2012, and acknowledged that she personally executed this instrument. OFFICIAL SEAL GAIL POLANEK Notary Public- State of Illinois Notary Public My Commission Expires Jul 12, 2014 Seal IN WITNESS WHEREOF, Jose Rios executed this Unconditional Agreement and Consent this a4'0 day of Ju Ne 2012 State of Illinois County of DuPage Yo wNc- a Notary Public in and for the County and State aforesaid do hereby certify that Jose Rios, personally known to me, and that he appeared before me this day of J-) Aie , 2012, and acknowledged that he personally executed this instrument. OFFICIAL SEAL Notary Public GAIL POLANEK Notary Publlo - State of Illinois My Commission Explres Jul 12, 2014 Ordinance 2012-ZO-V-EX-S-1340 Grnling. Variations from Section 13-3-5 and 13 -6C -3F.2 of Title 13 For 606 Midwest Club Parkway — 06-33-201-007 Page 10 of 10 Seal EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT LEGAL DESCRIPTION Property: LOT 40 AND AN UNDIVIDED 1/220TH INTEREST IN LOT 221 IN THE MIDWEST CLUB PHASE 1, BEING A SUBDIVISION OF PART OF THE NORTH HALF OF SECTION 33, AND THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 6, 1978 AS DOCUMENT R78-116577, IN DUPAGE COUNTY, ILLINOIS. Commonly known as 606 Midwest Club Parkway, Oak Brook, IL PIN: 06-33-201-007