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S-1085 - 10/26/2004 - VARIATION - OrdinancesJ.P. "RICK" CARNEY UPAGE COUNTY RECORDER NOV.17,2004 3:47 PM OTHER 06—24—206—044 005 PAGES R2004-293142 Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 RECORDED DOCUMENT TITLE PAGE Title of Document ORDINANCE 2004-ZO-V-S-1085 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13-6D-3F(3) OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO REAR YARD SETBACK REQUIREMENTS (Bhargava/Agrawal — 722 Forest Glen, Oak Brook, IL 60523/ P.I.N. 06-24-206- 044) Property Address/es: 722 FOREST GLEN, OAK BROOK, IL 60523 If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.) Pin/s Number 06-24-206-044 Name &Address of Applicant PRADEEP BHARGAVA 722 FOREST GLEN LANE OAK BROOK IL 60523 Name &Address of Responsible PRADEEP BHARGAVA Party to Receive Recorded 722 FOREST GLEN LANE Copy of Document and Billing: OAK BROOK, IL 60523 G/L Account#to be Charged 10-1365 Prepared By: Village of Oak Brook Return To Village of Oak Brook 1200 Oak Brook Road 1200 Oak Brook Road Oak Brook, Illinois 60523 Oak Brook, Illinois 60523 Name &Address of Recipient of Consideration (when applicable): N/A G/L Account# to be Charged ORDINANCE 2004-ZO-V-S-1085 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13-6D-3F(3) OF TITLE 13 ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO REAR YARD SETBACK REQUIREMENTS Bhargava/Agrawal—722 Forest Glen, Oak Brook, IL 60523/ P.I.N. 06-24-206-044 ) WHEREAS, the Village of Oak Brook has heretofore adopted an ordinance setting forth the Zoning Regulations for the Village of Oak Brook in Title 13 of the Village Code; and WHEREAS, Section 13-14-6 of the Village Code sets forth the authority and standards of the granting of variations to the Zoning Regulations; WHEREAS, Pradeep Bhargava and Rekha Agrawal ("Petitioners") are the owners of certain property legally described as follows: LOT 23 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, 1.977 AS DOCUMENT R77-35731, IN DUPAGE. COUNTY, ILLINOIS. WHEREAS, the Subject Property is located within the R-4 Single-Family Detached Residence District, the regulations of which require a rear yard setback of not less than thirty feet(30') in depth; and WHEREAS, the Petitioner has submitted a petition for a variation to reduce the required rear yard setback to approximately fifteen feet (15') for the purpose of constructing a room addition with an attached deck to the single-family dwelling on the Subject Property; and WHEREAS, on September 7, 2004, and October 5, 2004, the Zoning Board of Appeals of the Village of Oak Brook conducted a public hearing at the Oak Brook Village Hall, 1200 Oak Brook Road, Oak Brook, Illinois in connection with the aforesaid petition, after due and appropriate legal notice was given; and WHEREAS, the Zoning Board of Appeals specifically considered the standards set forth in Section 13-14-6 (D) of the Village Code and made the following findings of fact: The petitioners satisfactorily addressed the factors required for approval of a variation. The applicants' hardship is due to the unique circumstance that their lot is undersized being 14,000 square feet when the minimum standard in the R-4 district is 18,000 square feet. The Subject Property is a corner lot. The placement of the existing home on the lot offered very little opportunity for any type of room addition. Granting this variation would not alter the essential character of the neighborhood. Ordinance 2004-ZO-V-S-1085 Granting Variation from Sec. 13-6D-3F(3) Page 2 of 3 Bhargava/Agrawal 06-24-206-044) WHEREAS, the Zoning Board of Appeals recommended approval of the requested variation subject to the conditions stated in Section 2 of this ordinance; and WHEREAS, the Village President and Board of Trustees concur with the findings and recommendations made by the Zoning Board of Appeals; and WHEREAS, all applicable requirements of Section 13-14-6 of the Village Code relating to the granting of variations to the Zoning Regulations have been met. 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 recitals hereto are incorporated as part of this ordinance. SECTION 2. A variation to Section 13-6D-3F(3) of the Zoning Regulations of the Oak Brook Village Code is hereby granted to permit the construction of a room addition and deck on the single-family dwelling at 722 Forest Glen and allow a rear yard setback of approximately fifteen feet (15') subject to the following conditions: 1. the proposed additions encroach no more than fifteen (15) feet into the required rear yard; and 2. the proposed room addition is built with a mansard roof; and 3. the proposed development shall be in substantial conformance with the plans as submitted including the proposed building elevations (see page 14a of the case file) as amended to include a mansard roof and the revised site plan on page 21 of the case file dated October 19, 2004 prepared by Joseph J. Hoendervoogt. SECTION 3. This Ordinance is limited and restricted to the property commonly known as 722 Forest Glen, Oak Brook, Illinois, P.I.N. 06-24-206-044. SECTION 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. APPROVED THIS 26th day of October, 2004. Ke,/n Quinlan V' age Presiden Ordinance 2004-ZO-V-S-1085 Granting Variation from Sec. 13-6D-3F(3) Page 3 of 3 Bhargava/Agrawal 06-24-206-044) PASSED THIS 26t'day of October, 2004. Ayes: Trustees Aktipis, Caleel, Craig, Korin, Yusuf and Zannis Nays: None Absent: None ATTEST: a F Ai( Linda K. Gonnella, CMCl r1. u,! Village Clerk W 00UN14 „ STATE OF ILLINOIS SS. COUNTIES OF COOK AND DUPAGE ) I, Linda K. Gonnella, 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 October 2.6, 2004 , the corporate authorities of the above municipality passed and approved Ordinance 2004-ZO-V-S-1085 AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13-6D-3F(3) OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO REAR YARD SETBACK REQUIREMENTS Bhargava/Agrawal - 722 Forest Glen, Oak Brook, IL 60523 / P.I.N. 06-24-206-044) I DO FURTHER CERTIFY that the original documents, 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 15th day of November , 2004 . vQG OF U,qk' a K. Gonnella, CMC ge Clerk e r ge of Oak Brook 9G+F,age and Cook Counties, IL ter_