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S-1426 - 05/12/2015 - VARIATION - OrdinancesII IIIIIIIIIIIN�-fIilnlllli II IN Tx:40052368 FRED BUCHOLZ, RECORDER DUPAGE COUNTY ILLINOIS 07/18/2019 11:29 AM DOCUMENT # R2019-059470 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, IL 60523-2255 RECORDED DOCUMENT TITLE PAGE Property Address/es 518 Wood Road Oak Brook Illinois 60523 If vacant land, so state and list nearest cross streets) PIN No(s), 06.36-300-048 Name and Address of ADolicant: John Rnd MinhnsA= (.rnhnr Name and Address of Responsible: Same Party to Receive Copy of Recorded Document and Billma Inhn And Mrrhapin cr..h.,r G/L Account to be charged 10-1365 t\ Prepared By and Return'to: ( Village of Oak Brook J` 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 2015-ZO-V-EX-S-1426 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13 -6B -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 (PIN: 06-36-300-048) WHEREAS, an application has been filed by John and Michaela Creber (the "Owners"), of the property located at 518 Wood Road, Oak Brook, Illinois and legally described in Exhibit A attached hereto and incorporated herein ("Property'), requesting a variation ("Variation") from Section 13-613- 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 R2 Single -Family Detached Residence District ("R2 District"); and WHEREAS, Section 13-613-3F.3 of the Zoning Regulations does not permit for properties located in the R2 District to have rear yard setbacks less than 60 feet in depth ("Rear Yard Setback"); 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 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 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 Owners are hereby granted a variation from (i) Section 13 -6B -3F.3 to allow the Rear Yard Setback to be reduced to approximately 48 feet (48') 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-1426 Granting a Variation from the Provisions of Section 13-66-3F.3 For 518 Wood Road PIN: 06-36-300-048 Page 2 of 8 A. Substantial Conformance with Plans. The Addition shall be constructed in substantial conformance with "Variance Exhibit Drawing" prepared by Genesis Surveying and Engineering, PC and dated March 31, 2015, consisting of the one page 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 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 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] APPROVED THIS 12th day of May, 2015. PASSED THIS 12th day of May, 2015. Ordinance 2015-ZO-V-EX-S-1426 Granting a Variation from the Provisions of Section 13-613-3F.3 For 518 Wood Road PIN: 06-36-300-048 Page 3 of 8 Gopal G. Lalmalani Village President Trustees Adler, Baar, Manzo, Moy, Wolin, Yusuf Nays: None None ATTEST: Charlotte K. Pruss Village Clerk Ordinance 2015-ZO-V-EX-S-1426 Granting a Variation from the Provisions of Section 13-613-3F.3 For 518 Wood Road PIN: 06-36-300-048 Page 4 of 8 EXHIBIT A LEGAL DESCRIPTION Property: The subject property is located at 518 Wood Road in Oak Brook, Illinois and the legal description is as follows: Parcel No. 1: The east 150 feet of the west 300 feet of the following described premises, to -wit: Part of the east half of the southwest quarter of Section 36, Township 39 North, Range 11 East of the Third Principal Meridian, described by commencing at the southeast corner of the southwest quarter of said Section 36; thence west 10 chains along the section line, to the centerline of the road now known as Washington Street; thence north, along the centerline of Washington Street, 413 feet for a place of beginning (said place of beginning being the intersection of the centerline of Washington Street and the north line of Wood Road extended east; the north line of Wood Road being 33 feet north of the north line of Block 4 of Glendale Subdivision); thence north along the centerline of Washington Street, 74.57 feet; thence west 10 chains, more or less, to the west line of the east half of the southwest quarter of said Section 36; thence south along said west line, 74.27 feet to the north line of Wood Road aforesaid; thence east along the north line of Wood Road, aforesaid, 10 chains, more or less, to the place of beginning, in DuPage County, Illinois. Parcel No. 2: The east half of the west 300 feet of a tract of land known and described as follows: Part of the east half of the southwest quarter of Section 36, Township 39 North, Range 11 East of the Third Principal Meridian, described by commencing at the southeast corner of the southwest quarter of said Section 36; thence west 10 chains along the section line to the centerline of said right of way known as Washington Street; thence north along the centerline of Washington Street 487.97 feet for a place of beginning; thence west 10 chains, more or less, to the west line of the east half of the southwest quarter of said Section 36; thence north along said west line 66.33 feet to an iron stake; thence east parallel with the south line of said Section 36, 383.5 feet; thence north 3 feet; thence east parallel with the south line of said Section 36, 116.5 feet; thence easterly 103.45 feet to a point 554.3 feet north of the south line of said Section 36; thence east parallel with the south line of said Section 36, 56 feet, more or less, to the centerline of Washington Street; thence south along the centerline of Washington Street, 66.33 feet to the place of beginning, in DuPage County, Illinois. P.I.N 06-36-300-048 Ordinance 2015-ZO-V-EX-S-1426 Granting a Variation from the Provisions of Section 13-613-3F.3 For 518 Wood Road PIN: 06-36-300-048 Page 5 of 8 Exhibit B Site Plan Ordinance 2015-ZO-V-EX-S-1426 Granting a Variation from the Provisions of Section 13-613-3F.3 For 518 Wood Road PIN: 06-36-300-048 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 John and Michaela Creber (the "Owners"), of the property located at 518 Wood Road, Oak Brook, Illinois and legally described in Exhibit A attached hereto and incorporated herein (°Propert,V'), requesting a variation ("Variation") from Section 13-613- 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-1426, 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 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 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, or any subsequent owner of the Property, 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 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-1426 Granting a Variation from the Provisions of Section 13-613-31'.3 For 518 Wood Road PIN: 06-36-300-048 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, John Creber executed this Unconditional Agreement and Consent on this Z 1 day of 4i4_1 2015. Creber, Property Owner State of Illinois County of DuPage a Notary Public in and for the County and State aforesaid do hereby certify that John Creber, personally known to me, and that he appeared before me this oZ / "day of 2015, and acknowledged that he 7rsrecuted this instrument. OFFICIAL SEAL Notary Public Notary Public - State of Illinois My Corninission Expires Se l May 01, 2018 IN WITNESS WHEREOF, Michaela Creber executed this Unconditional Agreement and Consent on this L day of 2015 Mic aela Creber, Property Owner State of Illinois County of DuPage ) 1, (6/17/ Po A -N 67c a Notary Public in and for the County and State aforesaid do hereby certify that Michaela Creber, personally known to me, and that she appeared before me this -2h4- day of 2015, and acknowledged that she personally executed this instrument. Notary Public (A -AIL V. POLANEK OFFICIAL. SEAL S al Notary Public -State of Illinois My Commission Expires May 01, 2018 Ordinance 2015-ZO-V-EX-S-1426 Granting a Variation from the Provisions of Section 13-613-3F.3 For 518 Wood Road PIN: 06-36-300-048 Page 8 of 8 LEGAL DESCRIPTION Property: The subject property is located at 518 Wood Road in Oak Brook, Illinois and the legal description is as follows: Parcel No. 1: The east 150 feet of the west 300 feet of the following described premises, to -wit: Part of the east half of the southwest quarter of Section 36, Township 39 North, Range 11 East of the Third Principal Meridian, described by commencing at the southeast corner of the southwest quarter of said Section 36; thence west 10 chains along the section line, to the centerline of the road now known as Washington Street; thence north, along the centerline of Washington Street, 413 feet for a place of beginning (said place of beginning being the intersection of the centerline of Washington Street and the north line of Wood Road extended east; the north line of Wood Road being 33 feet north of the north line of Block 4 of Glendale Subdivision); thence north along the centerline of Washington Street, 74.57 feet; thence west 10 chains, more or less, to the west line of the east half of the southwest quarter of said Section 36; thence south along said west line, 74.27 feet to the north line of Wood Road aforesaid; thence east along the north line of Wood Road, aforesaid, 10 chains, more or less, to the place of beginning, in DuPage County, Illinois. Parcel No. 2: The east half of the west 300 feet of a tract of land known and described as follows: Part of the east half of the southwest quarter of Section 36, Township 39 North, Range 11 East of the Third Principal Meridian, described by commencing at the southeast corner of the southwest quarter of said Section 36; thence west 10 chains along the section line to the centerline of said right of way known as Washington Street; thence north along the centerline of Washington Street 487.97 feet for a place of beginning; thence west 10 chains, more or less, to the west line of the east half of the southwest quarter of said Section 36; thence north along said west line 66.33 feet to an iron stake; thence east parallel with the south line of said Section 36, 383.5 feet; thence north 3 feet; thence east parallel with the south line of said Section 36, 116.5 feet; thence easterly 103.45 feet to a point 554.3 feet north of the south line of said Section 36; thence east parallel with the south line of said Section 36, 56 feet, more or less, to the centerline of Washington Street; thence south along the centerline of Washington Street, 66.33 feet to the place of beginning, in DuPage County, Illinois. P.I.N 06-36-300-048 Fence Comer is 1.94'I1 and Fence Line is Fence Comer is 283' Nath and 1.69' West Found leaning hon Pipe On Line8308' 1.09'East of Rop$rty Comer 0.10' North of Roperty Line �` 8958'21" C olPmperty Coma 150.®®'Rec&M14eas. North Wood Fence The nearest Special Flood Hazard Area is located approximately 600' northerly and is a Zone "AE" area ' associated with Salt Creek, per Co�CP/e r National Flood Insurance Program r, 00 Flood Map No. 17043CO609 H, C0 1�t with an effective date of00 Qoa O� A J December 16, 2004. o 5���� PARCEL 2 \e� 4V OV C ® 60.72' s 40' REAR YARD N 56.74' SETBACK LINE o 2.2 PROPOSED — i` _ ADDITION 2.25. 5.1 14.85[uiDETACHED 2,Q0� , •„•, •,.,,. Common Line Behveen Parcels I and 2 Con _ 60' REAR YAR® Stoop �••.•••.. FenceCorneris0.81 OPOSED 10.04' West ofRpperty Line 0.67' o................................................ 38.94' - SETBACK LINE EXISTING ARAGE Lo x N 3 PROPOSED---- ROPOSED o 39.00' DETACHED DETACHED Frame Garage - 2Sf, FIREPLACE 0.67' FrR ,an ick GARAGE TO BE sidence REMOVED #518 39.77 — d.T3 5.17 ......22.00.......... Brick Stoop Stone Walk P 1 � Asphalt e Concrete stoop P • ° • • • • • LA •� ti ,• NpL N� dr . 5 ,,,,,,, , ,,,,, SG ® v N : �v;�° TED G. ''-�'�•• Concrete Walk G • STALE ® oma: '_o• 035-002348 N Z ® 0022 CN e % WESTMONT, `` e ,,",IL FenceCorneris 'rILLINOIS e e 6.60' North and • : 0 F 11-`'•`•' 1.25' Vfest of • • e Property Comer Asphalt Drive Aphalt Drive Edo$ of Asphalt Pavement Edge of Asphalt Pavement N 8905724” E 150.00' Rec.&84eas. GRAPHIC SCALE SPPIW6on • Line & 0.56, WOOD ROAD 0 10 20 - 40 South 33' RIGHT OF WAY P.I.N.: 06-36-300-048 ( IN FEET) 1 inch = 20 ft. Area of Parcel: 21,166 S.F. VARIANCE EXHIBIT DRAWINGOF Parcel No. 1: The east 150 feet of the west 300 feet of the following described premises, to -wit: Part of the east half of the southwest quarter of Section 36, Township 39 North, Range 11 East of the Third Principal Meridian, described by commencing at the southeast corner of the southwest quarter of said Section 36; thence west 10 chains along the section line, to the centerline of the road now known as Washington Street; thence north, along the centerline of Washington Street, 413 feet for a place of beginning (said place of beginning being the intersection of the centerline of Washington Street and the north line of Wood Road extended east; the north line of Wood Road being 33 feet north of the north line of Block 4 of Glendale Subdivision); thence north along the centerline of Washington Street, 74.57 feet; thence west 10 chains, more or less, to the west line of the east half of the southwest quarter of said Section 36; thence south along said west line, 74.27 feet to the north line of Wood Road aforesaid; thence east along the north line of Wood Road, aforesaid, 10 chains, more or less, to the place of beginning, in DuPage County, Illinois. Parcel No. 2: The east half of the west 300 feet of a tract of land known and described as follows: Part of the east half of the southwest quarter of Section 36, Township 39 North, Range 11 East of the Third Principal Meridian, described by commencing at the southeast comer of the southwest quarter of said Section 36; thence west 10 chains along the section line to the centerline of said right of way known as Washington Street; thence north along the centerline of Washington Street 487.97 feet for a place of beginning; thence west 10 chains, more of less, to the west line of the east half of the southwest quarter of said Section 36; thence north along said west line 66.33 feet to an iron stake; thence east parallel with the south line of said Section 36, 383.5 feet; thence north 3 feet; thence east parallel with the south line of said Section 36, 116.5 feet; thence easterly 103.45 feet to a point 554.3 feet north of the south line of said Section 36; thence east parallel with the south line of said Section 36, 56 feet, more or less, to the centerline of Washington Street; thence south along the centerline of Washington Street, 66.33 feet to the place of beginning, in DuPage County, Illinois. THIS DOCUMENT IS NOT VALID WITHOUT THE SURVEYOR'S SEAL. STATE OF ILLINOIS Ss COUNTY COUNTY OF DUPAGE GENESIS SURVEYING AND ENGINEERING, P.C. HEREBY CERTIFIES THAT THIS PROFESSIONAL SERVICE WAS PERFORMED UNDER THE DIRECTION OF AN ILLINOIS LICENSED LAND SURVEYOR. THIS DOCUMENT IS NOT INTENDED TO BE A BOUNDARY SURVEY. ALL DIMENSIONS ARE GIVEN IN FEET AND DECIMAL PARTS THEREOF. BEARINGS AS SHOWN ARE ASSUMED AND ARE SO INDICATED FOR INTERIOR ANGLES ONLY. DATED THIS 31st DAY OF MARCH, A.D. 2015 TED G. S ALEY ILLINOIS PROFESSIONAL LAND SUR R NO. 2348 GENESIS SURVEYING AND ENGINEERING, P.C. LICENSE TO BE RENEWED NOVEMBER 30, 2016 5.