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S-1427 - 05/12/2015 - VARIATION - Ordinances (2) FRED BUCHOLZ DUPAGE COUNTY RECORDER SEP. 14, 2018 9:52 AM OTHER 537.00 06-35-405-001 011 PAGES R2018- 086748 (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: ORDINANCE 2015-ZO-V-EX-S-1427 AN ORDINANCE APPROVING A VARIATION FROM THE PROVISIONS OF SECTION 13-6A-3F.3 ("ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO THE REQUIRED REAR YARD SETBACK FOR THE PROPERTY AT 55 BREAKENRIDGE FARM STREET IN THE VILLAGE OF OAK BROOK ILLINOIS Property Address/es 55 Breakenridge Farm Oak Brook, Illinois 60523 If vacant land, so state and list nearest cross streets) PIN No(s). 06-35-405-001 Name and Address of Applicant: Chicago Title Land Trust—Anthony Barbara 10 S. Lasalle St Ste 2750 Chicago IL 60603 Name and Address of Responsible: Frederick Cappetta Party to Receive Copy of Recorded Document and Billing Frederick Cappetta Cappetta and Associates LTD 1900 Spring Road Ste 102 Oak Brook IL 60523 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 N/A of Consideration (when applicable): 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 May 12th, 2015, the corporate authorities of the above municipality passed and approved: ORDINANCE 2015-ZO-V-EX-S-1427 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13-6A-3F.3 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 55 BREAKENRIDGE FARM IN THE VILLAGE OF OAK BROOK, ILLINOIS (PIN: 06-35-405-001) 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. 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 5th day of September, 2018 Zvv l Charlotte K. Pruss Village Clerk V31 `§ Village of Oak Brook ` ® DuPage and Cook Counties, Illinois ORDINANCE 2015-ZO-V-EX-S-1427 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13-6A-3F.3 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 55 BREAKENRIDGE FARM IN THE VILLAGE OF OAK BROOK, ILLINOIS (PIN: 06-35-405-001) WHEREAS, an application has been filed by Chicago Title Land Trust Company #8002365447 (the "Owner'l, of the property located at 55 Breakenridge Farm, Oak Brook, Illinois and legally described in Exhibit A attached hereto and incorporated herein ("Property '), requesting a variation ("Variation") from Section 13-6A-3F.3 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 rear yard setback("Requested Relief'); and WHEREAS, the Property is located in the R1 Single-Family Detached Residence District ("R1 District'); and WHEREAS, Section 13-6A-3F.3 of the Zoning Regulations does not permit for properties located in the R1 District to have rear yard setbacks less than 100 feet in depth ("Rear Yard Setbacle'); and WHEREAS, on April 7, 2015, the Oak Brook Zoning Board of Appeals ("ZBA' conducted a public hearing 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 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 April 22, 2015, 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 Owner is hereby granted a variation from (i) Section 13-6A-3F.3 to allow the Rear Yard Setback to be reduced to approximately 81.8 feet(81'8") for a distance of approximately 32.2 feet(322") in length, to allow for the construction of the Addition. Section 3. Conditions. The approval granted in Section 2 of this Ordinance is expressly subject to and contingent upon each of the following conditions: Ordinance 2015-ZO-V-EX-S-1427 Granting a Variation from the Provisions of Section 13-6A-3F.3 For 55 Breakenridge Farm PIN:06-35-405-001 Page 2 of 8 A. Substantial Conformance with Plans. The Addition shall be constructed in substantial conformance with Site Plan prepared by Engineering Resource Associates, Inc. dated February 16, 2015, consisting of one page; and the Preliminary Design plan of the Rear Elevation prepared by David Dressier, consisting of one page, both of which are attached hereto and incorporated herein as Exhibit B; and 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 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 the Owner's 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 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 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 2015-ZO-V-EX-S-1427 Granting a Variation from the Provisions of Section 13-6A-3F.3 For 55 Breakenridge Farm PIN:06-35-405-001 Page 3 of 8 APPROVED THIS 12th day of May, 2015. Gopal G. Lalmalani Village President PASSED THIS 12th day of May, 2015. Ayes: Trustees Adler Baar, Manzo, May, Wolin- Yusuf Nays: None Absent: None ATTEST: Charlotte K. Pruss 'IV Village Village Clerk Ordinance 2015-ZO-V-EX-S-1427 Granting a Variation from the Provisions of Section 13-6A-3F.3 For 55 Breakenridge Farm PIN:06-35-405-001 Page 4 of 8 EXHIBIT A LEGAL DESCRIPTION Property: The subject property is located at 55 Breakenridge Farm in Oak Brook, Illinois and the legal description is as follows: PARCEL 1: LOT 4 IN BREAKENRIDGE FARM UNIT 1, BEING A SUBDIVISION OF PART OF THE WEST '/ OF THE SOUTH EAST % OF SECTION 35, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 27, 1984 AS DOCUMENT R84-95116, IN DUPAGE COUNTY, ILLINOIS. PARCEL 2: EASEMENT FOR INGRESS AND EGRESS FOR THE BENEFIT OF PARCEL 1 AS CREATED BY THE DEED FROM THE INSTITUTE IN BASIC YOUTH CONFLICTS, A NOT-FOR-PROFIT CORPORATION OF ILLINOIS, TO THOMAS E. WOELFLE, DATED MAY 16, 1985 AND RECORDED JUNE 22, 1985 AS DOCUMENT R85-38849, AS SET FORTH IN DECLARATION RECORDED AS DOCUMENT R84-95118, AS SHOWN ON THE PLAT OF BREAKENRIDGE FARM UNIT NO. 1, AFORESAID, AND AS CREATED BY DECLARATION OF EASEMENT RECORDED AS DOCUMENT R85-37180. PIN: 06-35-405-001 Ordinance 201 5-ZO-V-EX-S-1 427 Granting a Variation from the Provisions of Section 13-6A-3F.3 For 55 Breakenridge Farm PIN:06-35405-001 Page 5 of 8 Exhibit B Site Plan and Rear Elevation SITE PLAN20.13 COMMON ADORES$ 55 9REA OMOGE ROAD,OAR BRO@L L wS. DOC LOT 3 e'P.U.E (N.LSj ' j,� , FOR Q2APNICAL PURPOSES ONLY OF ie' LOT 5 6RERID FPR �--�_' LE,E DCC e6�8S7 95,15��� /Jf 4 e5118 p' I RE4_95\16 g.l. jg57 �6i:•1 r. .E.E'DOC p y� R84-95118 i EXI$TNG LOT 1 RESIDENCE m d �� �,,, _ 1 1 \ .� �� x-100'SE7BACIC UNE Q, i ______-_ _ }FL HIDE OVERHANG g \ i �& `\ LOT 4 I N E.0 E DOC p R54-95116 1 \\ 5 u4j,E,_DOC 0 R84-95116 V7 \ N07E4 1.FASEIFRIS ARE 9H01w AS O6PIC7ED ON THE PIAT -f-- OF AIBpV19p!O<9R27,1 ROM FARM UNR" \ \ R84-95178 RE MDED NV"M Tl,1984 AS OOCUYfNT R84-%710. 2 90WOARY RPOIMATa TAM FROM PLAT ff SlRY6T _-+_- A 6 LAND DAIM e DAVID DRESSLER _.o An A��a AL !6 ANI EOWT A 9ATSH Fm1111Y It,7q6 FINI_bR a�■1iA 1M_ti Ordinance 2015-ZO-V-EX-S-1427 Granting a Variation from the Provisions of Section 13-6A-3F.3 For 55 Breakenridge Farm PIN:06-35-405-001 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 Chicago Title Land Trust Company #8002365447 (the "Owner'), of the property located at 55 Breakenridge Farm, Oak Brook, Illinois and legally described in Exhibit A attached hereto and incorporated herein ("Property'), requesting a variation ("Variation") from Section 13-6A-3F.3 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 rear yard setback("Requested Relief); and WHEREAS, Ordinance No. 2015-ZO-V-EX-S-1427, adopted by the President and Board of Trustees of the Village of Oak Brook on May 12, 2015 ("Ordinance"), grants approval of the Variation, subject to certain modifications, conditions, restrictions, and provisions; and WHEREAS, Subsection 7.13 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the 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, the Owner hereby agrees and covenant 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 and agrees 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, or any subsequent owner of the Property 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 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 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 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 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 Ordinance 2015-ZO-V-EX-S-1427 Granting a Variation from the Provisions of Section 13-6A-3F.3 For 55 Breakenridge Farm PIN:06-35-405-001 Page 7 of 8 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. IN WITNESS WHEREOF, Anthony Barbara, on behalf of Chicago Title Lark! Trust Company # 8002365447 executed this Unconditional Agreement and Consent on this day of .,)eve 2015. Xnthonyrust Company#8002365447 State of Illinois ) County of DuPage ) Q X a Notary Public in and for the County and State aforesaid d9/7 FSC hereby certify that nthony Barbara, personally known to me and that he appeared before me this `t day of JU e— 2015, and acknowledged t at he ers xecuted thi ' trument. Not ry Public Seal ppp ;E"u MalarY PuNc-State of Illinois MY Commission Expires AM$116, t1B,2016 Ordinance 2015-ZO-V-EX-S-1427 Granting a Variation from the Provisions of Section 13-6A-3F.3 For 55 Breakenridge Farm PIN:06-35-405-001 Page 8 of 8 EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT LEGAL DESCRIPTION Property: The subject property is located at 55 Breakenridge Farm in Oak Brook, Illinois and the legal description is as follows: PARCEL 1: LOT 4 IN BREAKENRIDGE FARM UNIT 1, BEING A SUBDIVISION OF PART OF THE WEST '/ OF THE SOUTH EAST % OF SECTION 35, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 27, 1984 AS DOCUMENT R84-95116, IN DUPAGE COUNTY, ILLINOIS. PARCEL 2: EASEMENT FOR INGRESS AND EGRESS FOR THE BENEFIT OF PARCEL 1 AS CREATED BY THE DEED FROM THE INSTITUTE IN BASIC YOUTH CONFLICTS, A NOT-FOR-PROFIT CORPORATION OF ILLINOIS, TO THOMAS E. WOELFLE, DATED MAY 16, 1985 AND RECORDED JUNE 22, 1985 AS DOCUMENT R85-38849, AS SET FORTH IN DECLARATION RECORDED AS DOCUMENT R84-95118, AS SHOWN ON THE PLAT OF BREAKENRIDGE FARM UNIT NO. 1, AFORESAID, AND AS CREATED BY DECLARATION OF EASEMENT RECORDED AS DOCUMENT R85-37180. PIN: 06-35-405-001