S-1247 - 11/25/2008 - ZONING - Ordinances Supporting DocumentsITEM 6A.
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AGENDA ITEM
Regular Board of Trustees Meeting
of
November 25, 2008
SUBJECT: Time Square Cafe, LLC, — Variations
FROM: Robert L. Kallien, Jr., AICP, Community Development Director
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTIONS: I move to approve Ordinance S -1247, which approves
variations for the Time Square Cafe located at 2121 Butterfield Road.
Backl1round/History:
At the November 11, 2008 meeting, the Village Attorney was directed to prepare the ordinance
granting approval of variations for a ground sign, number of parking spaces and parking lot
landscaping in conjunction with the development of the Time Square Cafe located at 2121
Butterfield Road.
Recommendation:
Approve Ordinance S -1247.
Last saved by administrator I WillageShare\AGENDMNOVEMBER 25 meetmg\BOT -FINAL Action -Time Square - VAR -S -1247 doc
ORDINANCE 2008 -ZO- VAR -S -1247
AN ORDINANCE GRANTING VARIATIONS FOR THE
CONSTRUCTION OF A GROUND SIGN, THE REDUCTION OF REQUIRED PARKING
SPACES AND A REDUCTION IN THE PARKING LOT LANDSCAPING SETBACK REQUIREMENT
FOR THE PROPERTY AT 2121 BUTTERFIELD ROAD
IN THE VILLAGE OF OAK BROOK
(PIN 06 -22- 303 -041)
WHEREAS, an application has been filed by Time Square Properties, LLC (the "Petitioner ")
requesting variations for the construction of a ground sign, the reduction of the number of required
parking spaces and a reduction in the parking lot landscaping setback requirement for the property at
2121 Butterfield Road, Oak Brook, Illinois ( "Property "), and
WHEREAS, on October 7, 2008, the Zoning Board of Appeals conducted a public hearing on the
request for variations pursuant to due and appropriate legal notice, and
WHEREAS, by a vote of 7 -0, the Zoning Board of Appeals recommended approval of a variation
to allow a ground sign on the Property subject to certain conditions described herein, and
WHEREAS, by a vote of 7 -0, the Zoning Board of Appeals recommended approval of a variation
to allow a reduction of the required parking lot landscaping setback for the Property subject to certain
conditions described herein, and
WHEREAS, by a vote of 5 -2, the Zoning Board of Appeals recommended approval of a variation
to allow a reduction of the number of required parking spaces for the Property subject to certain
conditions described herein, and
WHEREAS, the Zoning Board of Appeals found that the Petitioner satisfactorily addressed the
factors required for approval of the requested variations and made specific findings, including that the
variations would be operated so that the public health, safety and welfare will be protected and that there
will be no substantial injury to other property in the neighborhood, and
WHEREAS, the Village 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 * The foregoing preambles are restated and incorporated herein by reference as though
fully set forth herein
Section 2 The Petitioner is hereby granted the following variations for the development of the
Property subject to the conditions specified herein
A A variation to allow a ground sign on the Property subject to the following conditions
The ground sign shall be constructed in substantial conformance with the revised
signage detail and elevations drawings as shown on pages 36, 40 and 41 of the
case file
Ordinance 2008 -ZO- VAR -S -1247
Variations — 2121 Butterfield Road
Page 2 of 2
2 The applicant shall meet all Village Code requirements except as specifically
varied or waived by this ordinance
B A variation to allow a reduction of the required parking lot landscaping setback subject to
the following conditions
The landscaping shall be in substantial conformance with the revised details
dated September 2, 2008 as shown on page 37 of the case file
2 The applicant shall meet all Village Code requirements except as specifically
varied or waived by this ordinance
C A variation to allow a reduction of the required number of parking spaces to 22 spaces as
shown on the revised site plan subject to the following conditions
The parking shall be developed In substantial conformance with the revised
details as shown on page 38 of the case file
2 The applicant shall meet all Village Code requirements except as specifically
varied or waived by this ordinance
Section 3 The variations and the scope of this ordinance are limited to the Property, which is
legally described on Exhibit A attached hereto and incorporated herein by reference
Section 4 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 5 All ordinances or parts thereof in conflict with the provisions of this ordinance are
hereby repealed to the extent of such conflict
Section 6 This ordinance shall be in full force and effect from and after its passage, approval
and publication as required by law
Ayes
Nays
Absent
APPROVED THIS 25th day of November
Village President
PASSED THIS 25th day of November, 2008
ATTEST
Charlotte K Pruss
Village Clerk
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Village of
Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523 -2255
Website
www.oak - brook.org
Administration
630.368.5000
FAX 630.368.5045
Community
Development
630.368.5101
FAX 630.368.5128
Engineering
Department
630.368.5130
FAX 630.368.5128
Fire Department
630.368.5200
FAX 630.368.5251
Police Department
630.368.8700
FAX 630.368.8739
Public Works
Department
630.368.5270
FAX 630.368.5295
Oak Brook
Public Library
600 Oak Brook Road
Oak Brook, IL 60523 -2200
630.368.7700
FAX 630.368.7704
Oak Brook Sports Core
Bath &'Tennis Club
700 Oak Brook Road
Oak Brook, IL 60523 -4600
630.368.6420
FAX 630.368 6439
Golf Club
2606 York Road
Oak Brook, IL 60523 -4602
630.368.6400
FAX 630.368.6419
40. Fs -"40 RPS
S L4 ppop.T )DA?A
February 11, 2009
SAVE`NOK PROPERTIES
Attention: T. Savenok
17W300 22nd Street, Suite 250
Oakbrook Terrace, IL 60181
Re: Recorded Document on December 17, 2008:
ORDINANCE 2008- ZO- V- S- 1247/R2008- 178189
Time Square Properties, LLC
2121 Butterfield Road
Oak Brook, IL 60523
Dear Mr. Savenok:
A copy of the above noted recorded document is enclosed for your information.
This is an important record and should be retained in a secure area within your
files.
If you need any further assistance in this matter, feel free to contact me at 630-
368 -5056 on Monday through Friday from 9am to 5pm.
Sincerely,
Linda M. Andrys
Records Management Clerk
/lma
Enclosure
cc: Dale L. Durfey, Jr., Village Engineer
Robert L. Kallien, Jr., Director of Community Development
Official Files
/RECDOC /2009 - RECLTR -ORD 2008- ZO -V -S -1247 -TIME SQUARE PROPERTIES -2121 BUTTERFIELD RD
r
FRED BUCHOLZ
OIIPAGE COUNTY RECORDER
OEG.11,2008 424 PM
OTHER 06 -22- 303 -041
005 PAGES H2O08- 178189
(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 2008- ZO -V -S -1247 AN ORDINANCE GRANTING
VARIATIONS FOR THE CONSTRUCTION OF A GROUND SIGN, THE REDUCTION OF
REQUIRED PARKING SPACES AND,A REDUCTION IN THE PARKING LOT LANDSCAPING
SETBACK REQUIREMENT FOR THE PROPERTY AT 2121 BUTTERFIELD ROAD IN THE
VILLAGE OF OAK BROOK
Property Address /es 2121 BUTTERFIELD ROAD
(If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.)
OAK BROOK, IL 60523
Pin Number /s 06 -22- 303 -041
Name & Address of Applicant: TIME SQUARE PROPERTIES, LLC
1877 S. ORCHARD ROAD, WHEATON, IL 60187
Name & Address of Responsible SAVEWOK PROPERTIES/T. SAVENOK
Party to Receive Copy of 17W300 22 N 11 STREET, SUITE 250
Recorded Document and Billing: OAKBROOK TERRACE, IL 60181
G/L Account # to be Charged: 10 -1365
Prepared By: Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
Name & Address of Recipient
of Consideration (when applicable):
G/L Account # to be Charged:
N/A
Return To: Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
t
ORDINANCE 2008- ZO -V -S -1247
AN ORDINANCE GRANTING VARIATIONS FOR THE
CONSTRUCTION OF A GROUND SIGN, THE REDUCTION OF REQUIRED PARKING
SPACES AND A REDUCTION IN THE PARKING LOT LANDSCAPING SETBACK REQUIREMENT
FOR THE PROPERTY AT 2121 BUTTERFIELD ROAD
IN THE VILLAGE OF OAK BROOK
(PIN: 06 -22- 303 -041)
WHEREAS, an application has been filed by Time Square Properties, LLC (the "Petitioner ")
requesting variations for the construction of a ground sign, the reduction of the number of required
parking spaces and a reduction in the parking lot landscaping setback requirement for the property at
2121 Butterfield Road, Oak Brook, Illinois ( "Property "); and
WHEREAS, on October 7, 2008, the Zoning Board of Appeals conducted a public hearing on the
request for variations pursuant to due and appropriate legal notice; and
WHEREAS, by a vote of 7 -0, the Zoning Board of Appeals recommended approval of a variation
to allow a ground sign on the Property subject to certain conditions described herein; and
WHEREAS, by a vote of 7 -0, the Zoning Board of Appeals recommended approval of a variation
to allow a reduction of the required parking lot landscaping setback for the Property subject to certain
conditions described herein; and
WHEREAS, by a vote of 5 -2, the Zoning Board of Appeals recommended approval of a variation
to allow a reduction of the number of required parking spaces for the Property subject to certain
conditions described herein; and
WHEREAS, the Zoning Board of Appeals found that the Petitioner satisfactorily addressed the
factors required for approval of the requested variations and made specific findings, including that the
variations would be operated so that the public health, safety and welfare will be protected and that there
will be no substantial injury to other property in the neighborhood; and
WHEREAS, the Village 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: The foregoing preambles are restated and incorporated herein by reference as though
fully set forth herein.
Section 2: The Petitioner is hereby granted the following variations for the development of the
Property subject to the conditions specified herein:
A. A variation to allow a ground sign on the Property subject to the following conditions:
1. The ground sign shall be constructed in substantial conformance with the revised
signage detail and elevations drawings as shown on pages 36, 40 and 41 of the
case file.
Ordinance 2008 -ZO- VAR -S -1247
Variations — 2121 Butterfield Road
Page 2 of 2
2. The applicant shall meet all Village Code requirements except as specifically
varied or waived by this ordinance.
1
B. A variation to allow a reduction of the required parking lot landscaping setback subject to
the following conditions.
1. The landscaping shall be in substantial conformance with the revised details
dated September 2, 2008 as shown on page 37 of the case file.
2. The applicant shall meet all Village Code requirements except as specifically
varied or waived by this ordinance.
C. A variation to allow a reduction of the required number of parking spaces to 22 spaces as
shown on the revised site plan subject to the following conditions:
1. The parking shall be developed in substantial conformance with the revised
details as shown on page 38 of the case file.
2. The applicant shall meet all Village Code requirements except as specifically
varied or waived by this ordinance.
Section 3: The variations and the scope of this ordinance are limited to the Property, which is
legally described on Exhibit A attached hereto and incorporated herein by reference.
Section 4: 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 5: All ordinances or parts thereof in conflict with the provisions of this ordinance are
hereby repealed to the extent of such conflict.
Section 6: This ordinance shall be in full force and effect from and after its passage, approval
and publication as required by law.
APPROVED THIS 25th day of November.
r
� J L
JohiiA/V. Craig
Village President
PASSED THIS 25th day of November, 2008.
Ayes: Trustees Carson, Kennedy, Manofsky, Saiyed, Sanford and Wolin
Nays: None
Absent: None
ATTEST.
Charlotte K. Pruss
Village Clerk
al.,e�.
t� 1 ti
STATE OF ILLINOIS )
SS.
COUNTIES OF COOK AND DUPAGE )
i� I, Charlotte K. Pruss, 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 November 25, 2008 , the corporate authorities of the
above municipality passed and approved
ORDINANCE 2008- ZO -V -S -1247
AN ORDINANCE GRANTING VARIATIONS FOR THE
CONSTRUCTION OF A GROUND SIGN, THE REDUCTION OF REQUIRED PARKING
SPACES AND A REDUCTION IN THE PARKING LOT LANDSCAPING SETBACK REQUIREMENT
FOR THE PROPERTY AT 2121 BUTTERFIELD ROAD
IN THE VILLAGE OF OAK BROOK
(PIN: 06 -22- 303 -041)
I DO FURTHER CERTIFY that the original document, 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 12th day of December, 2008.
d'AA
Charlotte K. Pruss
Village Clerk
:3 Village of Oak Brook
�'"� 3:,;�"'i' DuPage and Cook Counties
ar , 411 , Illinois
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12/17112002 16: 20 6X06685122 VILLAGE OF OAK BROOK PAGE 011'01
The property may be generally described as 2121 Butterfield Road, Oak Brook Road, with the
legal description•as follows:
The northerly 150 feet, as measured along the Easterly right -of -way line of Midwest Road
(dedicated by document 370313) and parallel with, Southerly of and contiguous to the Southerly
right -of -way line of Butterfield Road (dedicated by Document 373012) of the following described
property; that part of the East one -half of the Southwest quarter of Section 22, Township 39
North, Range 11, East of the Third Principal Meridian, described as follows: Beginning at a point
on the West line of the East •one -half of the Southwest one - quarter of Section 22, aforesaid,
1,424.28 feet North of the Southwest corner of said east half of the Southwest one - quarter;
running thence North on Division Line 442.86 feet to the center of Butterfield Road (before it was
widened); thence North 61 degrees East along the center of said road (before being widened)
235.82 feet; thence South parallel with said divlsion line 507.13 feet; thence South 77 degrees
West 213.12 feet to the place of beginning, except that part conveyed by Document 389075,
described as follows: -beginning at a point on the West line of the East one -half of the Southwest
one- farter of Section 22 aforesaid, 1,424.28 feet North of the Southwest corner of said East one -
half of said Southwest quarter; running thence North on Division line, 442.86 feet to the center of
Butterfield Road(before being widened);
thence North 61 degrees East along the center of Butterfield Road (before being widened) 235.82
feet as a place of beginning; thence South parallel with Division line (West line of the East one -
half of the Southwest quarter of Section 22) to the South line of Butterfield Road (as widened);
thence south 40 feet parallel with said Division line to a point; thence Northwesterly on a line that
forms an angle of 17 degrees 07 minutes (measured North toward West) with last described line,
a distance of 35.91 feet to the Southerly line of Buttterfieid Road (as widened); thence North on a
line parallel to the division line to the center of Butterfield Road (before being widened); thence
North 61 degrees East 12 feet to the place of beginning. Also except that part thereof falling in
Butterfield Road and Midwest (or Canfield) Road as formerly laid out and except hat part
dedicated for the widening of said roads by Documents 3730312 and 370313, respectfully, also
except that part thereof described as follows: that part of Lot 1 in Schlader's Assessment Plat,
being a subdivision of part of the East one -half of the Southwest one - quarter of Section 22,
Township 39 North, Range 11, East of the Third principal Meridian, according to the plat thereof
recorded February 21, 1961, as Document No. 997465, in DuPage County, Illinois described as
follows: Beginning at the Northwest comer of said Lot 1; thence on an assumed bearing of North
60 degrees 57 minutes 45 seconds East, along the Northerly line of said Lot 1, 20.00 feet to a
five - eighth -inch iron with allied cap stamped "State of Illinois Division of Highways ROW corner
IPLSC 2017 "; thence South 09 degrees 36 minutes 22 Seconds West, 44.80 feet, to a point 10.00
feet East of, as measured at right angles to the West line of said Lot 1 and to a five -eight -inch iron
with an allied cap stamped State of Illinois Division of Highways ROW corner IPLSC 2017";
thence South 00 degrees 00-minutes 55 seconds East, along a line parallel to the Southwest line
of Lot 1, 109.98 feet to the Northerly line of Lot 1 in Y Klein's Subdivision, according to the plat
thereof recorded August 29, 1977, as Document R77-76172 and to a 5 -eight -inch iron with an
Allied cap stamped "State of Illinois Division of Highways ROW corner IPLSC 2017'; thence
South 60 degrees 57 minutes 45 seconds West, along the said Northerly line of Lot 1 in Y Klein's
Subdivision, 11.44 feet to the said West line of Said Lot 1 in Schlader's Assessment Plat; thence
North 00 degrees 00 minutes 55 seconds west, along the said West line of Lot 1 in Schlader's
Assessment Plat, 150.00 feet, to the point of beginning, all 'in DuPage County, Illinois. P.I.N. 06-
22- 303 -041