Subdivision Restrictions

I have a question regarding restrictions included with a subdivision of property. The property involved is located in suburban, unincorporated Illinois.

The restriction in question:No residential structure shall be built on an area of land smaller than 20,00 sq. ft. in area or less than 100 ft. in width at the front set back line.

Recently one of the edge properties in the subdivision was incorporated into the village. The owner has now applied to subdivide the property into two equal lots of 13,967.5 sq. ft.

When I raised this issue at the recent zoning board meeting a comment was made that village zoning ordinances take precedence over any restrictions or covenants in a subdivision. An additional comment was to the effect that a civil lawsuit would be our only recourse.

The issue was defeated at this meeting but there is an additional property going through annexation and I am sure that this question will come up again.

Any clarification or comments will be welcomed.

[HomeGuru]

I disagree.

I thank you for your prompt reply.

It is also heartening that you disagree.

Would it be possible to expand on that statement a bit?

Thank you

[HomeGuru]

EX: zoning codes alllow 2 homes to be built on one 20,000 SF lot but recorded subdivision restrictions state that only one home can be built on one lot.

Subdivision restrictions rule.