FROM THE WINNETKA ZONING ORDINANCE
TO ALLOW THE CONSTRUCTION OF AN ADDITION WITHIN THE R-5 SINGLE FAMILY RESIDENTIAL DISTRICT
(1122 Gage Street)
WHEREAS, Iretta D. Brennan, as Trustee of the Iretta D. Brennan Revocable Trust dated January 9, 2018 (
“Applicant”
) is the record title owner of the parcel of real property commonly known as 1122 Gage Street in Winnetka, Illinois, and legally described in Exhibit A attached to and, by this reference, made a part of this Ordinance (
“Subject Property”
); and
WHEREAS, the Subject Property is approximately 0.2 acres in area and located within the R-5 Single Family Residential District of the Village (
"R-5 District"
) and is improved with a single-family residence with an attached garage (collectively, the
“Residence”
); and
WHEREAS, the Applicant desires to construct a single-story addition to the Residence which will consist of a two-car garage and a mudroom (
“Proposed Addition”
); and
WHEREAS, pursuant to Section 17.30.050 of the Winnetka Zoning Ordinance (
“Zoning Ordinance”
), the minimum front yard setback for the Subject Property is 30 feet; and
WHEREAS, pursuant to Section 17.30.070 of the Zoning Ordinance, the minimum rear yard setback for the Subject Property is 13.57 feet; and
WHEREAS, in order to construct the Proposed Addition on the Subject Property, the Applicant filed an application for variations from: (i) Section 17.30.050 to allow a front yard setback of 11.8 feet from Gage Street (
“Proposed Front Yard Setback”
); and (ii) Section 17.30.070 to allow a rear yard setback of 5.21 feet from the south property line (collectively, the
“Variations”
); and
WHEREAS, on September 12, 2022, after due notice thereof, the Zoning Board of Appeals conducted a public hearing on the Variations and, by a vote of six members in favor and none opposed, recommended that the Council of the Village of Winnetka (
“Village Council”
) approve the Variations, on the condition that the Proposed Front Yard Setback be increased from 11.8 feet to
13.81 feet; and
WHEREAS, pursuant to Section 17.60.050 of the Zoning Ordinance, the Village Council has determined that: (i) the Variations are in harmony with the general purpose and intent of the Zoning Ordinance and are in accordance with general or specific rules set forth in Chapter 17.60 of the Zoning Ordinance; and (ii) there are practical difficulties or particular hardships in the way of carrying out the strict letter of the provision or regulation of the Zoning Ordinance from which the Variations have been sought; and
WHEREAS, the Village Council has determined that approval of the Variations for the Subject Property within the R-5 District is in the best interest of the Village and its residents;
NOW, THEREFORE, the Council of the Village of Winnetka do ordain as follows:
SECTION 1: RECITALS. The foregoing recitals are hereby incorporated into this section as the findings of the Village Council, as if fully set forth herein.
SECTION 2: APPROVAL OF VARIATIONS. Subject to, and contingent upon, the terms, conditions, restrictions, and provisions set forth in Section 3 of this Ordinance, the Variations from Sections 17.30.050 and 17.30.070 of the Zoning Ordinance to allow the construction of the Proposed Addition on the Subject Property are hereby granted, in accordance with and pursuant to Chapter 17.60 of the Zoning Ordinance and the home rule powers of the Village.
SECTION 3: CONDITIONS. The Variations granted by Section 2 of this Ordinance are subject to, and contingent upon, compliance by the Applicant with the following conditions:
Front Yard Setback. The Applicant must provide a front yard setback of 13.81 feet from Gage Street.
Commencement of Construction. The Applicant must commence the construction of the Proposed Addition no later than 12 months after the effective date of this Ordinance.
Compliance with Regulations. Except to the extent specifically provided otherwise in this Ordinance, the development, use, and maintenance of the Proposed Addition and the Subject Property must comply at all times with all applicable Village codes and ordinances, as they have been or may be amended over time.
Reimbursement of Village Costs. In addition to any other costs, payments, fees, charges, contributions, or dedications required under applicable Village codes, ordinances, resolutions, rules, or regulations, the Applicant must pay to the Village, promptly upon presentation of a written demand or demands therefor, of all fees, costs, and expenses incurred or accrued in connection with the review, negotiation, preparation, consideration, and review of this Ordinance. Payment of all such fees, costs, and expenses for which demand has been made shall be made by a certified or cashier's check. Further, the Applicant must pay upon demand all costs incurred by the Village for publications and recordings required in connection with the aforesaid matters.
Compliance with Plans. The development, use, and maintenance of the Proposed Addition on the Subject Property must be in strict accordance with the plans prepared by Hackley & Associates Architects, copies of which are attached to, and by this reference, made part of this Ordinance as Exhibit B (
“Plans”
), except for minor changes and site work approved by the Director of Community Development or the Director of Public Works (within their respective permitting authority) in accordance with all applicable Village codes, ordinances, and standards.
SECTION 4
:
RECORDATION; BINDING EFFECT. A copy of this Ordinance will be recorded with the Cook County Clerk Recording Division. This Ordinance and the privileges, obligations, and provisions contained herein inure solely to the benefit of, and are binding upon, the Applicant and each of its heirs, representatives, successors, and assigns.
SECTION 5: FAILURE TO COMPLY. Upon the failure or refusal of the Applicant to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, in addition to all other remedies available to the Village, the approvals granted in Section 2 of this Ordinance will, at the sole discretion of the Village Council, by ordinance duly adopted, be revoked and become null and void; provided, however, that the Village Council may not so revoke the approvals granted in Section 2 of this Ordinance unless it first provides the Applicant with two months advance written notice of the reasons for revocation and an opportunity to be heard at a regular meeting of the Village Council. In the event of revocation, the development and use of the Subject Property will be governed solely by the regulations of the applicable zoning district and the applicable provisions of the Zoning Ordinance, as the same may, from time to time, be amended. Further, in the event of such revocation, the Village Manager and Village Attorney are hereby authorized and directed to bring such zoning enforcement action as may be appropriate under the circumstances.
SECTION 6: AMENDMENTS. Any amendment to this Ordinance may be granted only pursuant to the procedures, and subject to the standards and limitations, provided in the Zoning Ordinance for amending or granting Variations.
SECTION 7: SEVERABILITY. If any provision of this Ordinance or part thereof is held invalid by a court of competent jurisdiction, the remaining provisions of this Ordinance shall remain in full force and effect, and shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent of this Ordinance to the greatest extent permitted by applicable law.
SECTION 8: EFFECTIVE DATE.
A. This Ordinance will be effective only upon the occurrence of all of the following events:
1. Passage by the Village Council in the manner required by law;
2. Publication in pamphlet form in the manner required by law; and
3. The filing by the Applicant with the Village Clerk of an Unconditional Agreement and Consent in the form of Exhibit C attached to and, by this reference, made a part of this Ordinance to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance and to indemnify the Village for any claims that may arise in connection with the approval of this Ordinance.
B. In the event that the Applicant does not file with the Village Clerk a fully executed copy of the unconditional agreement and consent described in Section 8.A.3 of this Ordinance within 60 days after the date of passage of this Ordinance by the Village Council, the Village Council shall have the right, in its sole discretion, to declare this Ordinance null and void and of no force or effect.
[SIGNATURE PAGE FOLLOWS]
PASSED this 6 day of October, 2022, pursuant to the following roll call vote:
AYES: Trustees Apatoff, Cripe, Dalman, Dearborn, Handler, and Swierk _____
NAYS: ________________________________________________________
ABSENT: ________________________________________________________
APPROVED this 6 day of October, 2022.
Signed:
s/Chris Rintz
Village President
Countersigned:
s/Robert M. Bahan
Village Clerk
Introduced: October 6, 2022
Passed and Approved: October 6, 2022
Published by authority of the President and Board of Trustees of the Village of Winnetka, Illinois, this 7 day of October, 2022.
Signed:
s/Chris Rintz
Village President
Countersigned:
s/Robert M. Bahan
Village Clerk
EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
LOTS 1, 2 AND 3 (EXCEPT THE WEST 9 FEET) TAKEN AS A SINGLE TRACT, EXCEPTING THEREFROM THE EAST 77 FEET, IN BLOCK 7 IN JARED GAGE’S SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER, ALSO PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF FRACTIONAL SECTION 17, TOWNSHIP 42 NORTH, RANGE 13, ALSO PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 42 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
Commonly known as 1122 Gage Street, Winnetka, Illinois. PIN: 05-17-121-013-0000
EXHIBIT B PLANS
(SEE ATTACHED EXHIBIT B)
EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Winnetka, Illinois (
"Village"
):
WHEREAS, Iretta D. Brennan, as Trustee of the Iretta D. Brennan Revocable Trust dated January 9, 2018 (“Applicant”) is the record title owner of the parcel of real property commonly known as 1122 Gage Street in Winnetka, Illinois (“Subject Property”); and
WHEREAS, the Subject Property is approximately 0.2 acres in area and located within the R-5 Single Family Residential District of the Village ("R-5 District") and is improved with a single-family residence with an attached garage (collectively, the “Residence”); and
WHEREAS, the Applicant desires to construct a single-story addition to the Residence which will consist of a two-car garage and a mudroom (“Proposed Addition”); and
WHEREAS, in order to construct the Proposed Addition on the Subject Property, the Applicant filed an application for variations from: (i) Section 17.30.050 to allow a front yard setback of 11.8 feet from Gage Street (“Proposed Front Yard Setback”); and (ii) Section 17.30.070 to allow a rear yard setback of 5.21 feet from the south property line (collectively, the “Variations”); and
WHEREAS, Ordinance No. M-13-2022, adopted by the Village Council on October 6, 2022 ("Ordinance"), grants the Variations, in-part, on the condition that the Proposed Front Yard Setback be increased to 13.81 feet; and
WHEREAS, Section 8 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the Applicant has filed, within 60 days following the passage of the Ordinance, its unconditional agreement and consent to accept and abide by each and all of the terms, conditions, and limitations set forth in the Ordinance;
NOW, THEREFORE, the Applicant does hereby agree and covenant as follows:
1. The Applicant hereby unconditionally agrees to accept, consent to, and abide by each and all of the terms, conditions, limitations, restrictions, and provisions of the Ordinance.
2. The Applicant acknowledges that public notices and hearings have been properly given and held with respect to the adoption of the Ordinance, has considered the possibility of the revocation provided for in the Ordinance, and agrees not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right.
3. The Applicant 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 grant of the Variations for the Subject Property or its adoption of the Ordinance, and that the Village's approvals do not, and will not, in any way, be deemed to insure the Applicant against damage or injury of any kind and at any time.
4. The Applicant hereby agrees to 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 Village's adoption of the Ordinance granting the Variations for the Subject Property.
5. The Applicant hereby agrees to pay all expenses incurred by the Village in defending itself with regard to any and all of the claims mentioned in this Unconditional Agreement and Consent. These expenses will include all out-of-pocket expenses, such as attorneys' and experts' fees, and will also include the reasonable value of any services rendered by any employees of the Village.
Dated: , 2022
ATTEST: IRETTA D. BRENNAN, AS TRUSTEE OF THE IRETTA D. BRENNAN REVOCABLE TRUST DATED JANUARY 9, 2018
By:
By: