Loading...
S-1315 - 08/09/2011 - VARIATION - Ordinances(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: AGREEMENT REGARDING RESTRICTIVE COVENANT FOR THE 60 -INCH HIGH FENCE AT 15 GLENOBLE COURT AND DECLARATION OF RESTRICTIVE COVENANT Property Address/es 15 Glenoble Court, Oak Brook, Illinois 60523 If vacant land, so state and list nearest cross streets) PIN No(s). 06-24-210-005 Name and Address of Name and Address of Responsible: Same Party to Receive Copy of Recorded Document and Billing 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 charaed: AGREEMENT REGARDING RESTRICTIVE COVENANT FOR THE 48 -INCH HIGH FENCE ON THE PROPERTY AT 15 GLENOBLE COURT, OAK BROOK, ILLINOIS (PIN: 06-24-210-005) AND DECLARATION OF RESTRICTIVE COVENANT Prepared By and Mail To: Robert Kallien, Jr. Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 AGREEMENT REGARDING RESTRICTIVE COVENANT FOR THE 48 -INCH HIGH FENCE ON THE PROPERTY AT 15 GLENOBLE COURT, OAK BROOK, ILLINOIS (PIN: 06-24-210-005) THIS AGREEMENT is made this 04' "^ day of Ca�t&�P✓ , 2011, by and between the Village of Oak Brook, Illinois, an Illinois municipal cor oration (the "Village"), and Keith Pridmore and Julie Pridmore (the "Petitioners"), individuals and property owners in the Village, WITNESSETH: WHEREAS, on January 7, 2011, Keith Pridmore and Julie Pridmore, the owners of the property at 15 Glenoble Court, Oak Brook, Illinois (the "Subject Property"), petitioned the Village for a zoning variation to allow a 48 -inch high fence as constructed to remain on the Subject Property; and WHEREAS, on August 9, 2011, the Village approved Ordinance 2011 -ZO-V-S-1 315, "AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13-3-613 OF TITLE 13 ("ZONING REGULATIONS') OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO FENCE HEIGHT FOR THE PROPERTY AT 15 GLENOBLE COURT IN THE VILLAGE OF OAK BROOK" (the "Variation Ordinance"), by which the Village granted a variation from its zoning regulations allowing the 48 -inch high fence as constructed to remain on the Subject Property, subject to the condition that Keith Pridmore and Julie Pridmore execute an agreement, within thirty (30) days of August 9, 2011, restricting the Subject Property by requiring that the fence be brought into compliance with the Zoning Regulations of the Village in effect at that time if Petitioner sells the property or no longer resides at the Subject Property; and WHEREAS, the Variation Ordinance was recorded with the DuPage County Recorder of Deeds on August 17, 2011 as Document No. R2011-096650, NOW THEREFORE, in consideration of the approval of the requested variation, Keith Pridmore and Julie Pridmore hereby agree as follows: 1. To bring the 48 -inch high fence into compliance with the Zoning Regulations of the Village in effect at that time, if Petitioner sells the property or no longer resides at the Subject Property; and; 2. To execute the "Declaration of Restrictive Covenant' attached hereto as Exhibit "A" (the Declaration"), which shall be recorded by the Village as a restriction on the title of the Subject Property. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. VILLAGE jOF OAK BROOK t�IXA/r h, i r By: David Niemeyer Village Manager Exhibit A DECLARATION OF RESTRICTIVE COVENANT WHEREAS, on January 7, 2011, Keith Pridmore and Julie Pridmore, the owners of the property at 15 Glenoble Court, Oak Brook, Illinois (the "Subject Property"), petitioned the Village for a zoning variation to allow a 48 -inch high fence as constructed to remain on the Subject Property; which is legally described as follows: LOT 119 IN FOREST GLEN SUBDIVISION UNIT 2, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS AND OF PART OF THE FRACTIONAL NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK, COUNTY, ILLINOIS, ACCORDING TO THE PLAT THEREOF RECORDED MAY 13, 1977 AS DOCUMENT R77-35731 IN DUPAGE COUNTY. ILLINOIS. Permanent Parcel No: 06-24-210-005 (the "Subject Property'); and WHEREAS, on August 9, 2011, the Village approved Ordinance 2011-ZO-V-S-1315, "AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OFSECTION 13-3-6B OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO FENCE HEIGHT FOR THE PROPERTY AT 15 GLENOBLE COURT IN THE VILLAGE OF OAK BROOK" (the "Variation Ordinance"), by which the Village granted a variation from its zoning regulations allowing the 48 -inch high fence as constructed to remain on the Subject Property, subject to the condition that Keith Pridmore and Julie Pridmore execute an agreement, within thirty (30) days of August 9, 2011, restricting the Subject Property by requiring that the fence be brought into compliance with the Zoning Regulations of the Village in effect at that time if Petitioner sells the property or no longer resides at the Subject Property; and WHEREAS, the Variation Ordinance was recorded with the DuPage County Recorder. of Deeds on August 17, 2011 as Document No. R2011-096650 WHEREAS, Keith Pridmore and Julie Pridmore are the record owners of the Subject Property and have agreed to place a restriction upon the title of the Subject Property requiring the 48 -inch high fence to be brought into compliance with the Zoning Regulations of the Village in effect at that time, upon the sale of the Subject Property or if owners no longer reside at the Subject Property, NOW THEREFORE, the Owners, Keith Pridmore and Julie Pridmore do hereby declare and covenant as follows: 1. That the 48 -inch high fence installed on the Subject Property pursuant to the Variation Ordinance, will be brought into compliance with the zoning regulations of the Village in effect at that time, upon the sale of the Subject Property, or if the owners no longer reside at the Subject Property; and; 2. That this "Declaration of Restrictive Covenant' shall run with the land and be binding on the successors and assigns of Keith Pridmore and Julie Pridmore. IN WITNESS WHEREOF, Keith Pridmore and Julie Pri ore as Owners, executed this Declaration of Restrictive Covenant this 4` day of�, 2011 KEITH PRIDMORE OWNER: JULIE PRIDMORE State of Illinois County of DuPage I, L&�Cc- a Not Public in and for the County and State aforesaid do hereby ce ify t at Keit dmore an lie r,dmore are persons known to me, and that they appeared before m this day of , 2011, and acknowledged that they personally executed this instrument. r7 (Above Space For Recorder's Office C VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, IL 60523-2255 VTY RECORDER 10:42 AM 06-24-210-005 R2011 - 096650 RECORDED DOCUMENT TITLE PAGE S- 131 S Property Address/es 15 Glenoble Court, Oak Brook, Illinois 60523 If vacant land, so state and list nearest cross streets) PIN No(s). 06-24-210-005 Name and Address of Name and Address of Responsible: Same Party to Receive Copy of Recorded Document and Billing 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: ORDINANCE 2011-ZO-V-S-1315 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OFSECTION 13-3-613 OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO FENCE HEIGHT FOR THE PROPERTY AT 15 GLENOBLE COURT IN THE VILLAGE OF OAK BROOK (PIN: 06-24-210-005) WHEREAS, an application has been filed .by Keith Pridmore and Julie Pridmore ('Petitioner") requesting a variation to allow the 48 -inch high fence, as constructed, to remain on the property located at 15 Glenoble Court, Oak Brook, Illinois ("Subject Property"); and WHEREAS, on March 1, 2011 and June 7, 2011 the Zoning Board of Appeals conducted a public hearing on the request for a variation, pursuant to due and appropriate legal notice, WHEREAS, the Petitioner, along with specific conditions stipulated below, has offered and agreed to reduce the size of the fence to conform with the zoning regulations at the time of the sale of the property, or upon moving from the property and has agreed to a deed restriction if the Petitioner sells the property; and WHEREAS, the Zoning Board of Appeals found that the Petitioner satisfactorily addressed the factors required for approval of the requested variation and made specific findings, including that the variation will not endanger the public health, safety and welfare, and that there will be no substantial injury to other property in the neighborhood; and recommended approval of the variation 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 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: The foregoing preambles are restated and incorporated herein by reference as though fully set forth herein. Section 2: The Petitioner is hereby granted a variation to allow the 48 -inch high fence as constructed to remain on the Subject Property, subject to the following conditions: A. If the property is sold, or if the child no longer has special needs, or if the child moves from the home, the fence would be brought into compliance with the zoning regulations of the Village in effect at that time and at the expense of the Petitioner; and B. That the Petitioners execute an agreement, within thirty (30) days of the date that this ordinance is passed, restricting the Subject Property by requiring that the fence be brought into compliance with the zoning regulations of the Village in effect at that time if Petitioner sells the property or no longer resides at the property, and C. Should an event occur that would require the fence to be reduced in height in order to be in compliance with the zoning regulations of the Village in effect at that time, the current style and structural integrity of the fence are to be maintained when the size is reduced. Ordinance 2010-ZO-V-S-1315 Pridmore — 15 Glenoble Court Variation— Fence Height PIN: 06-24-210-005 Page 2 of 2 D. Comply with all other applicable rules and ordinances of the Village of Oak Brook. Section 3: 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 4: All ordinances in conflict herewith are hereby repealed to the extent of such conflict Section 5: The effect of this ordinance is limited to the following property: LOT 119 IN FOREST GLEN SUBDIVISION UNIT 2, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS AND OF PART OF THE FRACTIONAL NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 39 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, ACCORDING TO THE PLAT THEREOF RECORDED MAY 13, 1977 AS DOCUMENT R77-35731 IN DUPAGE COUNTY, ILLINOIS. Permanent Parcel No: 06-24-210-005 Commonly known as 15 Glenoble Court, Oak Brook, IL Section 6: This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. APPROVED THIS 9th day of August, 2011. Gopal G. Lalmalani Village President PASSED THIS 9`h day of August, 2011. Trustees Aktipis, Wolin, Yusuf and Zannis None Absent: Trustees Manzo and Moy ATTEST: d"91 Charlotte K. Pruss Village Clerk