S-1349 - 09/25/2012 - ZONING -VARIATION - Ordinances Supporting Documents ITEM 6.17.6)
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AGENDA ITEM
Board of Trustees Meeting
September 25, 2012
SUBJECT: Landmark Sign Group on behalf of the property owners, Long Ridge Office
Portfolio, L.P. and GE Real Estate—Variation to Sections 13-11-4 and 13-11-10 to
permit the installation of a wall sign at 111122 n, Street. /
FROM: Robert L. Kallien, Jr., AICP, Community Development Director PU",I/Af
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to approve Ordinance S-1349, which approves
variations to Sections 13-11-4 and 13-11-10 to permit a 177 square foot wall sign for Lewis
University to be constructed on the east side of the building located at 111122nd Street.
Background/History:
At the September 11, 2012 meeting, the Village Attorney was directed to prepare the necessary
ordinance granting approval of variations to permit the installation of a wall sign for Lewis
University to be located on the east side of the building at II11 22nd Street and subject to the
condition that if a raceway is used, it is to be of a material and a location on the building that
aesthetically matches the building's architectural features so that is not visible when installed
Recommendation:
Approve Ordinance S-1349.
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Last saved by gpolanek JM-FROM BOB\Bot-PC-ZBA\BOT-FINAL Action-Landmark Sign-Lewis-Var Sign-S-1349.doc
ORDINANCE 2012-ZO-V-EX-S-1349
AN ORDINANCE GRANTING VARIATIONS FROM CERTAIN
PROVISIONS OF SECTIONS 13-11-10 AND 13-11-4 OF TITLE 13
("ZONING REGULATIONS") OF THE VILLAGE OF OAK BROOK
RELATIVE TO A WALL SIGN FOR THE PROPERTY AT
111122 n, STREET IN THE VILLAGE OF OAK BROOK, ILLINOIS
(PIN: 06-26-200-008)
WHEREAS, an application has been filed by Landmark Sign Group ("Petitioner's on behalf of
the Long Ridge Office Portfolio, LLP ("Owner'l, the owner of the property located at 1111 22nd Street,
Oak Brook, Illinois and legally described in Exhibit A attached hereto and incorporated herein
("Property'l, and Lewis University ("Tenant'), requesting variations from Sections 13-11-10C.8, 13-11-
10D.2.c, 13-11-10.E.4, 13-11-10G.4 and 13-11-4A.7.d ("Variations") of the "Zoning Ordinance of the
Village of Oak Brook," as amended ("Zoning Regulations"), to allow for the construction of a wall sign on
the Property as depicted in Exhibit B attached hereto and incorporated herein ("Wall Sign'); and
WHEREAS, Section 13-11-10C.8 of the Zoning Regulations does not allow for a wall sign to have
more than a single line of text, except as approved for first floor restaurant signs; and
WHEREAS, Section 13-11-10D.2.c of the Zoning Regulations allows for signs that are mounted
more than 50 feet high to have no more than 140 square feet of sign face; and
WHEREAS, Section 13-11-10.E.4 of the Zoning Regulations provides that wall sign shall not
cover architectural features (such as window/glass wall panel lines); and
WHEREAS, Sections 13-11-10G.4 and 13-11-4A.7.d of the Zoning Regulations require that the
letters of signs be individually affixed to walls of a building;
WHEREAS, the Petitioner is required to obtain the Variations for the Wall Sign because the Wall
Sign will: (i) have 177 square feet of sign face; (ii) have two lines of text; (iii)will be mounted on a raceway
instead of being affixed directly to the wall of the Property; (iv) and will cover a portion of the glass wall
panel lines on the east elevation of the building on the Property;
WHEREAS, on August 7, 2012, the Oak Brook Zoning Board of Appeals ("ZBA") conducted a
public hearing on the requests for the Variations, pursuant to due and appropriate legal notice; and
WHEREAS, after the close of the public hearing, the ZBA found that the Petitioner satisfactorily
addressed the standards required for approval of the requested Variations set forth in Section 13-14-6D
of the Zoning Regulations and, in a letter to the President and Board of Trustees dated September 5,
2012, recommended approval of the Variations subject to certain conditions; and
WHEREAS, the President and Board of Trustees have reviewed the recommendations of the
Zoning Board of Appeals and deem the Variations, 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. Recitals. The foregoing recitals are restated and incorporated herein as the
findings of the President and Board of Trustees.
Ordinance 2012-ZO-V-EX1-S-1349
Lewis University—1111 22nd Street
Variation—Wall Sign
PIN:06-26-200-008
Page 2 of 8
Section 2. Grant of Variations to Sections 13-11-10C.8, 13-11-10D.2.c, and 13-11-10.E.4 of
the Zoning Regulations Pursuant to the standards set forth in Section 13-14-6D of the Zoning
Regulations, and subject to and contingent on the conditions set forth in Section 4 of this Ordinance, the
Petitioner is hereby granted variations from Sections 13-11-10C.8, 13-11-10D.2.c, and 13-11-10.E.4 of
the Zoning Regulations to allow for the construction of the Wall Sign.
Section 3. Grant of Variations to Sections 13-11-10G.4 and 13-11-4A.7.d. of the Zoninq
Regulations. Pursuant to the standards set forth in Section 13-14-61D of the Zoning Regulations, and
subject to and contingent on the conditions set forth in Section 4 and Section 5 of this Ordinance, the
Petitioner is hereby granted variations from Sections 13-11-10G.4 and 13-11-4A.7.d. of the Zoning
Regulations to allow for the construction of the Wall Sign.
Section 4. General Conditions. The approval of the Variations granted in Sections 2 and 3
of this Ordinance are expressly subject to and contingent upon each of the following conditions:
A. Substantial Conformance with Plans. The Wall Sign shall be constructed in substantial
conformance with the approved plans, attached hereto and incorporated herein as Exhibit B;
B. Compliance with Zoning Regulations and Village Code. The Owner and Petitioner shall
comply with the Zoning Regulations and all of the provisions contained in the"Village Code of
the Village of Oak Brook, Illinois," as amended, that were in effect on the date that the
Petitioner submitted his building permit application to the Village except as specifically varied
or waived; and
C. Compliance with Applicable Law. In addition to the other specific requirements of this
Ordinance, the Property, the Wall Sign, and all of the Owner and Petitioner's 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 5. Conditions On A Raceway Sign. If the Petitioner or Owner affix the Wall Sign
using a raceway, the approval of the Variations granted in Section 3 of this Ordinance are expressly
subject to and contingent upon the Wall Sign being of a material, and placed in a location on the building
on the Property, that aesthetically matches the building's architectural features and is not visible when
installed.
Section 6. Failure to Comply with Conditions. Upon failure or refusal of the Owner and
Petitioner to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the
Variations granted in Sections 2 and 3 and of this Ordinance will, at the sole discretion of the President
and Board of Trustees, by ordinance duly adopted, be revoked and become null and void.
Section 7. Binding Effect Non-Transferability. The privileges, obligations, and provisions of
each and every section and provision of this Ordinance are for and inure to the benefit of and run with
and bind the Property, unless otherwise explicitly set forth in this Ordinance.
Section 8. 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 9. Effective Date.
A. This Ordinance will be effective only upon the occurrence of all of the following events:
i. Passage by the President and Board of Trustees of the Village of Oak Brook
in the manner required by law;
ii. Publication in pamphlet form in the manner required by law; and
Ordinance 2012-ZO-V-EX1-S-1 349
Lewis University—1111 22nd Street
Variation—Wall Sign
PIN:06-26-200-008
Page 3 of 8
iii. The filing by the Petitioner and Owner with the Village Clerk, for recording in
the Office of the DuPage County Recorder of Deeds, of an 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 Petitioner and Owner. The
unconditional agreement and consent must be substantially in the form
attached hereto and incorporated herein as Exhibit C.
B. In the event that the Owner and Petitioner do not file with the Village Clerk the unconditional
agreement and consent required by Paragraph 9.A.(iii) of this Ordinance within 60 days after
the date of final passage of this Ordinance, the Board of Trustees of Trustees will have the
right, in their sole discretion, to declare this Ordinance null and void and of no force or effect.
APPROVED THIS 25th day of September, 2012.
Gopal G. Lalmalani
Village President
PASSED THIS 25th day of September, 2012.
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
Ordinance 2012-ZO-V-EX1-S-1349
Lewis University—1111 22nd Street
Variation—Wall Sign
PIN:06-26-200-008
Page 4 of 8
EXHIBIT A
LEGAL DESCRIPTION
LOT 1 IN BUCK'S ASSESSMENT PLAT OF PART OF THE EAST ONE-HALF OF SECTION 26,
TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED SEPTEMBER 29, 1983 AS DOCUMENT R83-70678, IN DUPAGE
COUNTY, ILLINOIS.
Commonly known as 1111 22nd Street in Oak Brook, Illinois
PIN: 06-26-200-008
Ordinance 2012-ZO-V-EX1-S-1 349
Lewis University—1111 22nd Street
Variation—Wall Sign
PIN:06-26-200-008
Page 5 of 8
EXHIBIT B
SIGN PLAN
Ordinance 2012-ZO-V-EX1-S-1 349
Lewis University—1111 22nd Street
Variation—Wall Sign
PIN:06-26-200-008
Page 6 of 8
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois ("Village"):
WHEREAS, an application has been filed by Landmark Sign Group ("Petitioner') on behalf of
the Long Ridge Office Portfolio, LLP ("Owner"), the owner of the property located at 1111 22nd Street,
Oak Brook, Illinois and legally described in Exhibit 1 attached hereto and incorporated herein
("Property'l, and Lewis University ("Tenant's, requesting variations from Sections 13-11-10C.8, 13-11-
10D.2.c, 13-11-10.E.4, 13-11-10G.4 and 13-11-4A.7.d ("Variations") of the "Zoning Ordinance of the
Village of Oak Brook,"as amended ("Zoning Regulations"), to allow for the construction of a wall sign on
the building on the Property ("Wall Sign'); and
WHEREAS, Ordinance No. 2012-ZO-V-EX-S-1349, adopted by the President and Board of
Trustees of the Village of Oak Brook on September 25, 2012, ("Ordinance") grants approval of the
Variations, subject to certain modifications, conditions, restrictions, and provisions; and
WHEREAS, Subsection 9 of the Ordinance provides, among other things, that the Ordinance will
be of no force or effect unless and until the Petitioner and Owner file 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, the Petitioner and Owner do hereby agree and covenant as follows:
1. The Owner and Petitioner hereby unconditionally agree to accept, consent to, and abide by all of
the terms, conditions, restrictions, and provisions of the Ordinance.
2. The Owner and Petitioner acknowledge and agree that: (i) public notices and hearings have been
properly given and held with respect to the adoption of the Ordinance; (ii) the Petitioner and Owner have
considered the possibility that the variation granted by the Ordinance may be revoked if the Petitioner
does not comply with the Ordinance; and (iii) the Owner and the Petitioner agree not to challenge any
such revocation on the grounds of any procedural infirmity or a denial of any procedural right.
3. The Owner and Petitioner acknowledge and agree 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 construction or use of the Wall Sign on the Property, and that the Village's issuance of any
such permits does not, and will not, in any way, be deemed to insure the Owner or Petitioner against
damage or injury of any kind and at any time.
4. The Owner and Petitioner agree to and do 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
such parties in connection with the construction, operation, and use of the Wall Sign, the Property, or the
Village's adoption of the Ordinance.
5. This Unconditional Agreement and Consent may not be amended, modified, released or annulled
except upon the express, prior written approval of the Village of Oak Brook.
[SIGNATURE PAGE FOLLOWS]
Ordinance 2012-ZO-V-EX1-S-1349
Lewis University—1111 22nd Street
Variation—Wall Sign
PIN:06-26-200-008
Page 7 of 8
IN WITNESS WHEREOF, executed this Unconditional Agreement
and Consent on behalf of Landmark Sign Group on this day of 2012
Landmark Sign Group
By:
Its:
State of Illinois )
County of DuPage )
I, a Notary Public in and for the County and State aforesaid do
hereby certify that personally known to me, and that he/she
appeared before me this day of 2012, and acknowledged that he/she
personally executed this instrument.
Notary Public
Seal
IN WITNESS WHEREOF, executed this Unconditional Agreement
and Consent on behalf of Long Ridge Office Portfolio, LLP, ownership entity for General Electric on this
day of , 2012
Long Ridge Office Portfolio, LLP,
ownership entity for General Electric
By:
Its:
State of Illinois )
County of DuPage )
I, a Notary Public in and for the County and State aforesaid do
hereby certify that personally known to me, and that he/she
appeared before me this day of 2012, and acknowledged that he/she
personally executed this instrument.
Notary Public
Ordinance 2012-ZO-V-EX1-S-1 349
Lewis University—1111 22nd Street
Variation—Wall Sign
PIN:06-26-200-008
Page 8 of 8
EXHIBIT A TO UNCONDITIONAL AGREEMENT AND CONSENT
LEGAL DESCRIPTION
LOT 1 IN BUCK'S ASSESSMENT PLAT OF PART OF THE EAST ONE-HALF OF SECTION 26,
TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED SEPTEMBER 29, 1983 AS DOCUMENT R83-70678, IN DUPAGE
COUNTY, ILLINOIS.
Commonly known as 1111 22nd Street in Oak Brook, Illinois
PIN: 06-26-200-008