S-1643 - 03/08/2022 - VARIATION - Ordinances||||∥|||∥|||∥|||∥|||||||3105`31:TI:4041T517
KATHLEEN Vo CARRIER, RECORDER
DUPAGE COUNTV ILLINOIS
03/16/2022 02:56 PM
DOCUMENT # R2022-027709
(Above Space For Recorderis OfFice Only)V:LLAGE OF OAK BR00K
1200 0ak Brook Road
Oak Brook,:L 60523‐2255
RECORDED DOCUMENT T:TLE PAGE
丁∥le of Documenti ORD:NANCE 2022‐ZO‐V‐EX‐S‐1643・ AN ORDINANCE GRANT:NG VAR:AT10N
FROM THE PROV!S!ONS OF SECT!ON 13‐6C‐3F.3 0FT:TLE 13〔“ZON:NG REGULAT:ONS''1 0F THE
V:LLAGE OF OAK BR00K RELAT:VE TO THE REAR YARD SETBACK FOR THE PROPERTY
LOCATED AT 16 HEATHER LANEIN THE ViLLAGE OF OAK BR00Kl:LLiNOiS
Property Address 16 HEATHER LANE:N THE ViLLAGE OF OAK BR00K.:LLiNOiS 60523
lf vacant land, so state and list nearest cross streets)
PIN No(s).06-27-404-029
. Name and Address of Applicant:Shika&Shridhar Ventrapragada
16 Heather Lane
Name and Address of Responsible: Shika&Sh∥dhar Ventrapragada
Recorded Document and Billing 16 Heather Lane
Party to Receive Copy of
Prepared By and Return to:
G/L Account to be charged:
Name & Address of Recipient
(判 需Ъ:l蹴 ∬籠A
Oak Brook,∥linois 60523-2255
10-1365
NノA
of Consideration (when applicable):
G/L Account to be charged:
THE VILLAGE OF OAK BROOK
COOK AND DUPAGE COUNTIES, ILLINOIS
ORDINANCE
NUMBER 2022-ZO-V-EX -S-1643
AN ORDINANCE GRANTING A VARIATION FROM
PROVISIONS OF SECTION 13-6C-3.F.3 OF TITLE 13 (“ZONING
REGULATIONS”) OF THE VILLAGE CODE OF THE VILLAGE
OF OAK BROOK RELATIVE TO THE REAR YARD SETBACK
FOR THE PROPERTY LOCATED AT 16 HEATHER LANE IN
THE VILLAGE OF OAK BROOK, ILLINOIS
GOPAL G. LALMALANI, Village President
CHARLOTTE K. PRUSS, Village Clerk
LAURENCE HERMAN
MICHAEL MANZO
JAMES NAGLE
A.SURESH REDDY
EDWARD TIESENGA
ASIF YUSUF
Village Board
Published in pamphlet form by authority of the
President and the Board of Trustees of the Village of Oak Brook
on this the 8th day of March, 2022
ORDINANCE 2022-ZO-V-EX-S-1643
AN ORDINANCE GRANTING VARIATION FROM PROVISIONS OF
SECTION 13-6C-3.F.3 OF TITLE 13 (“ZONING REGULATIONS”)
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
RELATIVE TO THE REAR YARD SETBACK
FOR THE PROPERTY LOCATED AT
16 HEATHER LANE IN THE VILLAGE OF OAK BROOK, ILLINOIS
PINS: 06-27-404-029
WHEREAS, the Village of Oak Brook is a municipal corporation organized pursuant to the laws of
the State of Illinois;
WHEREAS, the Village of Oak Brook is authorized by the Illinois Municipal Code, 65 ILCS 5/11-
13-5, to vary its zoning regulations where there are practical difficulties or particular hardship in observing
those regulations for the use, construction, or alteration of buildings or structures or the use of land;
WHEREAS, the property owner has requested a variance from certain provisions of the Village of
Oak Brook Zoning Ordinance as described herein;
WHEREAS, an application has been filed by Shika & Shridhar Ventrapragada, the Owner(s)
(hereinafter referred to as the “Owner”), of the property located at 16 Heather Lane, Oak Brook, Illinois,
which is legally described in Exhibit A attached hereto and incorporated herein (hereinafter referred to as
the “Subject Property”) and located in the R3 Zoning District, is requesting a Variation from Section 13-
6C-3.F.3 of the Zoning Ordinance of the Village of Oak Brook, as amended to permit and reduction of the
required 40-foot rear yard setback (hereinafter referred to as the “Variation”);
WHEREAS, the Village of Oak Brook Zoning Board of Appeals on February 1, 2022 held a public
hearing to consider the petitioner’s request and to hear testimony on the proposal and as a result of said
hearing the Village of Oak Brook Zoning Board of Appeals issued a positive recommendation in this matter
to reduce the required 40-foot rear yard setback to approximately 31’0” all pursuant to proper notice and in
compliance with the laws of the State of Illinois and ordinances of the Village of Oak Brook;
WHEREAS, the Village of Oak Brook Zoning Board of Appeals found the request to be reasonable
in that the requested variation is appropriate under the standards adopted by the Village of Oak Brook in
its Zoning Ordinance applicable to zoning variances and made positive findings of fact in support of said
variance;
WHEREAS, the Zoning Board of Appeals recommends approval of the petitioner’s request by the
Board of Trustees of the Village of Oak Brook;
WHEREAS, the corporate authorities of the Village of Oak Brook find that the granting of the
requested variance has no detrimental impact on the health, welfare or safety of the public in general and
finds that the petitioner has met his burden in demonstrating the grounds for the requested variation; and
WHEREAS, the corporate authorities of the Village of Oak Brook find that the petitioner has
demonstrated practical difficulties or particular hardship in the application of the Zoning Regulations.
NOW, THEREFORE, BE IT ORDAINED, in open meeting assembled, by the Village President and
Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois as follows:
Ordinance 2022-ZO-V-EX-S-1643
16 Heather Lane – Variation
PIN 06-27-404-029
Page 2 of 8
Section 1. Recitals. The Corporate Authorities hereby find that all of the recitals hereinbefore
stated as contained in the preamble to the Ordinance are full, true and correct and do hereby, by reference,
incorporate and make them part of this Ordinance as legislative findings.
Section 2. Grant of Variation. Subject to, and contingent on the conditions, restrictions, and
provisions set forth in Section 3 of this Ordinance, the Village Board of Trustees shall, and does hereby,
approve a Variation to the Zoning Regulations as follows:
Variation to Section 13-6C-3.F.3 of the Oak Brook Zoning Regulations to permit a reduction of
the rear yard setback from the required 40-feet to approximately 31’0” to construct a sunroom
on the property commonly referred to as 16 Heather Drive, Oak Brook, Illinois.
Section 3. Conditions. The approval granted in Section 2 of this Ordinance is expressly
subject to and contingent upon each of the following conditions:
A.Substantial Conformance with Site Plan. The proposed sunroom shall be constructed in
substantial conformance with the site plan and conceptual building elevations as submitted and
attached hereto and incorporated herein as Exhibit B.
B.Compliance with Zoning Regulations and Village Code. The Owner shall meet all Village
Ordinance requirements at the time of building permit application 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 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.
A.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 herein, 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 its
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 shall be in full force and effect from and after its passage, approval and
publication as provided by law. and
B.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 ("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
Ordinance 2022-ZO-V-EX-S-1643
16 Heather Lane – Variation
PIN 06-27-404-029
Page 4 of 8
EXHIBIT A
LEGAL DESCRIPTION
Property:
LOT 53 IN BROOK FOREST, UNIT 3, A SUBDIVISION OF THE SOUTHEAST ¼ OF
SECTION 27, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPLE
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 26, 1967 AS
DOCUMENT NUMBER R67-16879 IN THE OFFICE OF THE RECORDED OF DEEDS OF
DU PAGE COUNTY, ILLINOIS.
PIN: 06-27-404-029
Ordinance 2022-ZO-V-EX-S-1643
16 Heather Lane – Variation
PIN 06-27-404-029
Page 5 of 8
EXHIBIT B
SITE PLAN
Ordinance 2022-ZO-V-EX-S-1643
16 Heather Lane – Variation
PIN 06-27-404-029
Page 6 of 8
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
WHEREAS, an application has been filed by Shika & Shridhar Ventrapragada, as Owner
(“Owner”), of the property located at 16 Heather Lane, Oak Brook, Illinois, which is legally described in
Exhibit 1 attached hereto and incorporated herein (hereinafter referred to as the “Subject Property”),
requesting a Variation from Section 13-6C-3.F.3 (hereinafter referred to as the “Variation”) of the Zoning
Ordinance of the Village of Oak Brook, as amended (“Zoning Regulations”), to permit a reduction of the
rear yard setback from the required 40-feet to approximately 31’0” allowing for the construction of a
sunroom on the Subject Property; and
WHEREAS, Ordinance No ORDINANCE 2022-ZO-V-EX-S-1643 adopted by the President and
Board of Trustees of the Village of Oak Brook on March 8, 2021 grants approval of the Variation subject to
certain modifications, conditions, restrictions, and provisions; and
WHEREAS, the Ordinance provides, among other things, that the Ordinance will be of no force or
effect unless and until 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, Owner does hereby agree and covenants 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 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 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 use of the Property, the construction of the New Residence and that the Village’s issuance
of any such permits 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 of such parties in connection with the operation and use of 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 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
Ordinance 2022-ZO-V-EX-S-1643
16 Heather Lane – Variation
PIN 06-27-404-029
Page 8 of 8
EXHIBIT 1
TO UNCONDITIONAL AGREEMENT AND CONSENT
LEGAL DESCRIPTION
Property:
LOT 53 IN BROOK FOREST, UNIT 3, A SUBDIVISION OF THE SOUTHEAST ¼ OF
SECTION 27, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPLE
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 26, 1967 AS
DOCUMENT NUMBER R67-16879 IN THE OFFICE OF THE RECORDED OF DEEDS OF
DU PAGE COUNTY, ILLINOIS.
PIN: 06-27-404-029