S-1488 - 02/28/2017 - VARIATION - Ordinances ORDINANCE 2017-ZO-V-EX-S-1488
AN ORDINANCE GRANTING VARIATIONS FROM CERTAIN
PROVISIONS OF SECTION 13-11-10 OF TITLE 13
("ZONING REGULATIONS")OF THE VILLAGE OF OAK BROOK
RELATIVE TO WALL AND MONUMENT SIGNS
FOR THE PROPERTIES LOCATED AT
1211 -1225-130122 nd STREET IN THE VILLAGE OF OAK BROOK, ILLINOIS
PIN: 06-26-100-012
WHEREAS, an application has been filed by Cornerstone Restaurant Group for the Michael
Jordan's Restaurant ("Petitioner"), as tenant, and AG Oak Brook Executive Venture, LLC, as owner
("Owner'), of the properties located at 1211 — 1225 — 1301 22nd Street, Oak Brook, Illinois, which is
legally described in Exhibit A attached hereto and incorporated herein ("Property'l, requesting
variations from Sections 13-11-10C.8 and 13-11-10E.3 (collectively, ("Variations") of the Zoning
Ordinance of the Village of Oak Brook, as amended ("Zoning Regulations'), to allow for the
construction of a wall sign (`Wall Sign'l and increase the height of the monument signs ("Monument
Signs"); and
WHEREAS, Section 13-11-10C.8-8 of the Zoning Regulations does not permit more than two (2)
walls per street frontage per building in the 03 Office District("03 District'j; and
WHEREAS, Section 13-11-10E.3 of the Zoning Regulations does not permit monument signs to
be in excess of ten feet(10'); and
WHEREAS, the Petitioner and Owner cannot install the Wall Sign and the Monument Signs
proposed without obtaining Variations on the Property, as follows:
1. Section 13-11-10C.8 — Variation to permit the construction of three (3) wall signs on the
Property; and
2. Section 13-11-10E.3 — Variation to permit three (3) monument signs to be constructed to a
height of fourteen feet(14') on the Property.
WHEREAS, on January 17, 2017, the Oak Brook Zoning Board of Appeals ("ZBA') conducted a
public hearing on the application for the requested Variations, pursuant to due and appropriate legal
notice; and
WHEREAS, after the close of the public hearing, the ZBA found that Petitioner and Owner
satisfactorily addressed the factors required for approval of the sign variations set forth in Section 13-14-
6D of the Zoning Regulations and, in a letter to the President and Board of Trustees dated February 6,
2017, recommended approval of the Variations subject to certain conditions; and
WHEREAS, on February 14, 2017, the Village President and the Board of Trustees reviewed the
recommendations and concurred with the findings made by the ZBA; and
WHEREAS, the applicable requirements of Section 13-14-6D of the Village Code relating to the
granting of variations to the Zoning Regulations have been met and deem the Variations, as set forth
below, to be in the best interests of the Village.
Ordinance 2017-ZO-V-EX-S-1488
1211-1225-1301 22nd Street-Variations
PIN: 06-26-100-012
Page 2 of 8
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.
Section 2. Restatement and Grant of Variations. Subject to, and contingent on the
conditions, restrictions, and provisions set forth in Section Three of this Ordinance, the Village Board of
Trustees shall, and does hereby, approve variations to the Zoning Regulations to permit:
1. Variation to Section 13-11-10C.8 of the Sign Regulations to permit the construction of an
additional wall sign for a total of three(3)wall signs on the Property; and
2. Variation to Section 13-11-10E.3 of the Sign Regulations to permit a total of three (3)
monument signs to be constructed to a height of fourteen feet(14').
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 Plans. The Wall Signs and Monument Signs will be constructed in
substantial conformance with the plans prepared by South Water Signs dated November 14,
2016, attached hereto and incorporated herein collectively as Exhibit B.
B. Previously Approved Variations and Special Use. All other provisions of any approved special
use or variation previously approved for the Property shall remain in full force and effect unless
specifically changed by this Ordinance.
C. Compliance with Applicable Law. In addition to the other specific requirements of this Ordinance,
the Property and 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. Upon failure or refusal of Owner and Petitioner to
comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the Variations
granted in Section 2 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 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 owners 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 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
iii. The filing by the Owner and Petitioner with the Village Clerk, for recording in the
Office of the DuPage County Recorder of Deeds, of an unconditional agreement
Ordinance 2017-ZO-V-EX-S-1488
1211-1225-1301 22nd Street-Variations
PIN: 06-26-100-012
Page 3 of 8
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 and
Petitioner. The unconditional agreement and consent must be substantially in the
form attached hereto and incorporated herein as Exhibit C.
B. In the event that Owner and Petitioner do not file with the Village Clerk the unconditional
agreement and consent required by Paragraph 7.A.iii of this Ordinance within 60 days after
the date of final passage of this Ordinance, the Board of Trustees will have the right, in their
sole discretion, to declare this Ordinance null and voic and of no force or effect.
APPROVED THIS 281h day of February, 2017.
Gopal G. I_almalani
Village President
PASSED THIS 28th day of February, 2017.
Ayes: Trustees Adler, Baar, Manzo, Tiesenga, Yusuf
Nays: None
Absent: Trustee Mov
x
ATTEST:
Charlotte K. Pruss
s t ' Village Clerk
Ordinance 2017-ZO-V-EX-S-1488
1211-1225-1301 22nd Street-Variations
PIN: 06-26-100-012
Page 4 of 8
EXHIBIT A
LEGAL DESCRIPTION
Property:
The subject Property is located at 1211-1225-1301 22nd Street, in Oak Brook, Illinois and the legal
description is as follows:
LOT 1 IN THE MANU LIFE SUBDIVISION, BEING A RESUBDIVISION OF PART OF LOT 6 IN OAK
BROOK INVESTMENT COMPANY ASSESSMENT PLAT NUMBER 4, OF PART OF THE NORTHWEST
1/4 OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT OF MANU LIFE SUBDIVISION RECORDED AUGUST 8, 1978
AS DOCUMENT R78-74138, IN DUPAGE COUNTY, ILLINOIS
PIN: 06-26-100-012
Ordinance 2017-ZO-V-EX-S-1488
1211-1225-1301 22-d Street-Variations
PIN: 06-26-100-012
Page 5 of 8
Exhibit B
Wall and Monument Sign Plans
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Client Project Name&Location i.+i r --- --
Cornstone Restaurant Group Michael Jordan's Restaurant 1tt)9 16 — u 11 14 1P, OFSOUIHWAILMIGNS
1225 22nd St,Oakbrook IL •
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Client Project Name&location Date Revisions
THIS DRAWING IS PROPER
Cornstone Restaurant Group Michael Jordan's Restaurant 11.09.16 11.14.16 + OU FH WATER SIGNS
1225 22nd St,Oakbrook IL +ARE RESERVED BY
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