S-1316 - 08_09_2011 - ZONING - OrdinancesOCT.27,2011 • `'Luunu�n
OTHER 11:48 AM
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005 PAGES R20114 129092
(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:
Property Address/es 610 Lakewood Court, Oak Brook, Illinois 60523
If vacant land, so state and list nearest cross streets)
PIN No(s). 06-24-208-017
Name and Address of Applicant: Karen Grane
610 Lakewood CourtOak Brook II 60523
Name and Address of Responsible: Same
Party to Receive Copy of
Recorded Document and Billing
G/L Account to be charged:
Prepared By and Return to: C
Name & Address of Recipient
of Consideration (when applica
G/L Account to be charged:_
10-1365
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523-2255
FRED BUCHOLZ
DUPAGE COUNTY RECORDER
AUG.17,2011 10:42 AM
OTHER 06-24-208-017
004 PAGES R2011 - 096649
t.poba3
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: AN ORDINANCE APPROVING A VARIATION TO ALLOW FOR THE 60-INCH
HIGH FENCE AS CONSTRUCTED ON THE PROPERTY COMMONLY KNOWN AS 610 LAKEWOOD
COURT IN THE VILLAGE OF OAK BROOK, ILLINOIS
Property Address/es 610 Lakewood Court, Oak Brook, Illinois 60523
If vacant land, so state and list nearest cross streets)
PIN No(s). 06-24-208-017
Name and Address of Applicant: Karyn Grane
610 Lakewood Court, Oak Brook, II 60523
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 -1316
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
610 LAKEWOOD COURT IN THE VILLAGE OF OAK BROOK
PIN: 06 -24- 208 -017)
WHEREAS, an application has been filed by Karyn Grane and Paul Grane ('Petitioner")
requesting a variation to allow the 60 -inch high fence, as constructed, to remain on the property located at
610 Lakewood Court, Oak Brook, Illinois ( "Subject Property "); and
WHEREAS, on 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; and
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 Petitioners 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 60 -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 requesting 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 -1316
Grane — 610 Lakewood Court
Variation — Fence Height
PIN: 06-24- 208 -017
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 62 IN FOREST GLEN SUBDIVISION UNIT 1, BEING A SUBDIVISION OF PART OF THE
NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 15,
1976 AS DOCUMENT NUMBER R76 -46768 AND CERTIFICATES OF CORRECTION
RECORDED JANUARY 7, 1977 AS DOCUMENT NUMBER R77 -01421 AND SEPTEMBER 20,
1977 AS DOCUMENT NUMBER R77 -84540 IN DUPAGE COUNTY, ILLINOIS. PERMANENT
PARCEL NO: 06 -24- 208 -017
Commonly known as 610 Lakewood 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.
President
PASSED THIS 9`h day of August, 2011.
Ayes: Trustees Aktipis, Wolin, Yusuf and Zannis
Absent: Trustees Manzo and Moy
ATTEST:
Charlotte K. Pruss
Village Clerk
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 August q, 701 t , the corporate authorities of
the above municipality passed and approved:
ORDINANCE 2011—ZO—V—S-1316
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
610 LAKEWOOD COURT IN THE VILLAGE OF OAK BROOK
PIN: 06-24-208-017)
I 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 and0affixed the corporate seal of the
Village of Oak Brook this 16th day of August
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AGREEMENT REGARDING RESTRICTIVE COVENANT
FOR THE 60-INCH HIGH FENCE ON THE PROPERTY
AT 610 Lakewood COURT, OAK BROOK, ILLINOIS
PIN: 06-24-208-017)
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 60-INCH HIGH FENCE ON THE PROPERTY
AT 610 LAKEWOOD COURT, OAK BROOK, ILLINOIS
PIN: 06-24-208-017)
THIS AGREEMENT is made this — day of .. ..., 2011, by and between
the Village of Oak Brook, Illinois, an Illinois municipal corpo ation (the "Village"), and Karyn Grane
and Paul Grane (the "Petitioners"), individuals and property owners in the Village,
WITNESSETH:
WHEREAS, on April 25, 2011, Karyn Grane and Paul Grane, the owners of the property at
610 Lakewood Court, Oak Brook, Illinois (the "Subject Property"), petitioned the Village for a
zoning variation to allow a 60-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-1316, "AN
ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 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 610 LAKEWOOD COURT IN
THE VILLAGE OF OAK BROOK" (the "Variation Ordinance"), by which the Village granted a
variation from its zoning regulations allowing the 60-inch high fence as constructed to remain on
the Subject Property, subject to the condition that Karyn Grane and Paul Grane 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. R2011-096649;
NOW THEREFORE, in consideration of the approval of the requested variation, Karyn
Grane and Paul Grane hereby agree as follows:
1. To bring the 60-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 OF OAK BROOK YN G NE PAUL GRANE
n
By:
g
David Niemeyer
Village Manager
a„
Exhibit A
DECLARATION OF RESTRICTIVE COVENANT
WHEREAS, on January 7, 2011, Karyn Grane and Paul Grane, the owners of the property
at 610 Lakewood Court, Oak Brook, Illinois (the "Subject Property"), petitioned the Village for a
zoning variation to allow a 60-inch high fence as constructed to remain on the Subject Property;
which is legally described as follows:
LOT 62 IN FOREST GLEN SUBDIVISION UNIT 1, BEING A SUBDIVISION OF PART OF THE
NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 15,
1976 AS DOCUMENT NUMBER R76-46768 AND CERTIFICATES OF CORRECTION RECORDED
JANUARY 7, 1977 AS DOCUMENT NUMBER R77-01421 AND SEPTEMBER 20, 1977 AS
DOCUMENT NUMBER R77-84540 IN DUPAGE COUNTY, ILLINOIS. PERMANENT PARCEL NO:
06-24-208-017
the "Subject Property"); and
WHEREAS, on August 9, 2011, the Village approved Ordinance 2011-ZO-V-S-1316, "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 610 LAKEWOOD COURT IN
THE VILLAGE OF OAK BROOK" (the "Variation Ordinance"), by which the Village granted a
variation from its zoning regulations allowing the 60-inch high fence as constructed to remain on
the Subject Property, subject to the condition that Karyn Grane and Paul Grane 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. R2011-096649;
WHEREAS, Karyn Grane and Paul Grane are the record owners of the Subject Property
and have agreed to place a restriction upon the title of the Subject Property requiring the 60-inch
high fence to be brought into compliance with the Zoning Regulations of the Village, upon the sale
of the Subject Property; or if owners no longer reside at the Subject Property,
NOW THEREFORE, the Owners, Karyn Grane and Paul Grane do hereby declare and
covenant as follows:
1. That the 60-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 Karyn Grane and Paul Grane.
IN WITNESS WHEREOF, Karyn Grane and Paul Grane, as Owners, executed this Declaration of
Restrictive Covenant this __... day of y- .,a' , 2011
OWNER: KARYN GRANE OWNER: PAUL GRANE
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State of Illinois r, ca tt ewo ona
F
p MY COMM I E1 NiES
iy JULY 17,2013
County of DuPage )
I, C/AT E rN WO:,i Yt A a Notary Public in and for the County and State
aforesaid do hereby certify that Karyn Grane and Paul Grane are persons known to me, and that
they appeared before me this /ST day of S iEn, 2011, and acknowledged that
they personally executed this instrument.
No ry Public