S-1431 - 06/09/2015 - VARIATION - OrdinancesOUPAGE COUNTY RECORDER
JAN.07,2016 11:26 AM
PLAT $51.00 06-24-308-012
013 PAGES R2016-001685
(Above Space For Recorder's Office Only)
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, IL 60523-2255
RECORDED DOCUMENT TITLE PAGE
Property Address/es 2119 Clearwater Drive, Oak Brook, Illinois 60523
If vacant land, so state and list nearest cross streets)
PIN No(s). 06-24-301148 dW3- t O &--2- V 0 / 3
Name and Address of Applicant: York Retail West LLC
Name and Address of Responsible: Same
Party to Receive Copy of
Recorded Document and Billinq_
G/L Account to be charged: 10-1365
Prepared By and Return to: //Village of Oak Brook
( 1200 Oak Brook Road
I Oak Brook, Illinois 60523-2255
Name & Address of Recipient N/A
of Consideration (when applicable):
G/L Account to be charged:
STATE OF ILLINOIS )
) SS.
COUNTIES OF COOK AND DUPAGE )
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 June 9 2015 , the corporate authorities
of the above municipality passed and approved:
ORDINANCE 2015-ZO-V-EX-S-1431
AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF
SECTION 13 -10E -3C.2 OF TITLE 13 ("ZONING REGULATIONS")
RELATIVE TO THE REQUIRED SIDE YARD SETBACK AT
2119 CLEARWATER DRIVE IN THE VILLAGE OF OAK BROOK, ILLINOIS
(PIN: 06-24-308-008)
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 17s1 day of August , 2015
Charlotte K. Pruss
Village Clerk
Village of Oak Brook
DuPage and Cook Counties, Illinois
ORDINANCE 2015-ZO-V-EX-S-1431
AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF
SECTION 13 -10E -3C.2 OF TITLE 13 ("ZONING REGULATIONS")
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
RELATIVE TO THE REQUIRED SIDE YARD SETBACK
FOR THE PROPERTY AT
2119 CLEARWATER DRIVE IN THE VILLAGE OF OAK BROOK, ILLINOIS
(PIN: 06-24-308-008)
WHEREAS, an application has been filed by Real Urban Barbecue Oak, LLC ("Petitioner'), as
tenant, and York Road Associates, LLC, as owner ("Owner') of the property located at 2119 Clearwater
Drive, Oak Brook, Illinois ("Property'l, which Property is legally described in Exhibit A attached hereto
and incorporated herein, requesting a variation ("Variation") from Section 13 -10E -3C.2 of the "Zoning
Ordinance of the Village of Oak Brook," as amended ("Zoning Regulations"), to allow for the
construction of a patio ("Patio") adjacent to the building located on the Property (`Building'I within the
required side yard setback (`Requested Relief); and
WHEREAS, the Property is located in the 04 Office District ("04 District'); and
WHEREAS, Section 13 -10E -3C.2 of the Zoning Regulations does not permit for properties
located in the 04 District to have side yard setbacks that are less than 30 feet in depth ("Side Yard
Setback'); and
WHEREAS, on May 5, 2015, the Oak Brook Zoning Board of Appeals ("ZBA') conducted a
public hearing pursuant to due and appropriate legal notice on the application for the Variation; and
WHEREAS, after the close of the public hearing, the ZBA found that the Petitioner and Owner
satisfactorily addressed the factors required for approval of the Variation set forth in Section 13-14-6D of
the Zoning Regulations and, in a letter to the President and Board of Trustees dated May 20, 2015,
recommended approval of the Variation subject to certain conditions; and
WHEREAS, the President and Board of Trustees have reviewed the recommendations of the
ZBA and deem the Variation 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.
Section 2. Grant of Variation. 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 3 of this
Ordinance, the Petitioner and Owner are hereby granted a variation from (i) Section 13 -10E -3C.2 to allow
the Side Yard Setback to be reduced to approximately 17.4 feet (17'4") for a distance of approximately 21
feet (21) in length to allow for the construction of the Patio adjacent to the Building.
Section 3. Conditions. The approval granted in Section 2 of this Ordinance is expressly
subject to and contingent upon each of the following conditions:
Ordinance 2015-ZO-V-EX-S-1431
Variation — Side Yard Setback
2119 Clearwater Drive
PIN: 06-24-308-008
Page 2 of 9
A. Substantial Conformance with Plans. The Patio shall be constructed in substantial
conformance with the Site Plan prepared by Design Studio 24, LLC, revision dated April 24,
2015, consisting of one page which is attached hereto and incorporated herein as Exhibit B;
and
B. Compliance with Zoning Regulations and Village Code. The Petitioner and Owner shall
comply with the Zoning Regulations that are in effect on the date that the Petitioner and
Owner submit the building permit application to the Village except as specifically varied or
waived by this, or subsequent, Ordinances; and
C. Compliance with Applicable Law. In addition to the other specific requirements of this
Ordinance, the Property, the Patio, 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 the Petitioner and
Owner to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the
Variation 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 Petitioner and Owner and
any and all of the Owner's heirs, successors, and assigns, and upon any and all current and successor
legal or beneficial Owner 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:
L 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 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 Petitioner and Owner do not file the unconditional agreement and
consent required by Paragraph 7.A.iii of this Ordinance with the Village Clerk 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 void and of no force or effect.
[SIGNATURE PAGE FOLLOWS]
Ordinance 2015-ZO-V•EXS-1431
Variation —Side Yard Setback
2119 Clearwater Drive
PIN: 06-24-308-008
Page 3 of 9
_ APPROVED THIS 9th day of June, 2015.
Gopal G. Lalmalani
Village President
PASSED THIS 9th day of June, 2015.
Trustees Adler, Bear, Manzo, Tiesenga, Yusuf
None
Trustee Mov.
ATTEST:
OLdu�
Charlotte K. Pruss
Village Clerk
EXHIBIT A
LEGAL DESCRIPTION
Property:
Ordinance 2015-ZO-V-EX-S-1431
Variation — Side Yard Setback
2119 Cleamater Drive
PIN: 06-24-308-008
Page 4 of 9
The subject property at 2119 Clearwater Drive is part of 2122 York Road in Oak Brook, Illinois and the
legal description is as follows:
PARCEL 4: (BUILDING PAD 2)
THAT PART OF LOT 1 OF CLEARWATER OAK BROOK ASSESSMENT PLAT NO. 2, BEING PART OF
THE SOUTHWEST 1/4 OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 26, 2010, AS
DOCUMENT R2010-039896, IN DUPAGE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SECTION 24
AFORESAID; THENCE SOUTH 87 DEGREES 34 MINUTES 22 SECONDS WEST, ALONG THE
SOUTH LINE OF THE SOUTHWEST 1/4 OF SECTION 24 AFORESAID, SAID SOUTH LINE BEING
ALSO THE CENTER LINE OF 22ND STREET, 909.90 FEET; THENCE NORTH 2 DEGREES 25
MINUTES 38 SECONDS WEST, PERPENDICULAR TO THE LAST DESCRIBED LINE, 78.49 FEET TO
A POINT ON THE SOUTH LINE OF LOT 1 AFORESAID, SAID SOUTH LINE BEING ALSO THE NORTH
RIGHT-OF-WAY LINE OF 22ND STREET, AS DEDICATED BY DOCUMENT NUMBER R62-33324;
THENCE CONTINUING NORTH 2 DEGREES 25 MINUTES 38 SECONDS WEST, 290.99 FEET TO
THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE NORTH 2
DEGREES 24 MINUTES 14 SECONDS WEST, 17.00 FEET; THENCE SOUTH 87 DEGREES 35
MINUTES 46 SECONDS WEST, PERPENDICULAR TO THE LAST DESCRIBED LINE, 3.22 FEET;
THENCE NORTH 2 DEGREES 24 MINUTES 14 SECONDS WEST, 11.50 FEET; THENCE NORTH 87
DEGREES 35 MINUTES 46 SECONDS EAST, PERPENDICULAR TO THE LAST DESCRIBED LINE,
3.89 FEET; THENCE NORTH 2 DEGREES 24 MINUTES 14 SECONDS WEST, 17.29 FEET TO A
POINT, SAID POINT BEING 31.09 FEET (AS MEASURED PERPENDICULARLY) SOUTHEASTERLY
OF A NORTHWESTERLY LINE OF LOT 1 AFORESAID; THENCE NORTH 87 DEGREES 35 MINUTES
46 SECONDS EAST, PERPENDICULAR TO THE LAST DESCRIBED LINE, 31.92 FEET; THENCE
NORTH 2 DEGREES 24 MINUTES 14 SECONDS WEST, 21.83 FEET TO A POINT, SAID POINT
BEING 5.00 FEET (AS MEASURED PERPENDICULARLY) SOUTH OF THE NORTHERLY LINE OF
LOT 1 AFORESAID; THENCE NORTH 87 DEGREES 35 MINUTES 46 SECONDS EAST,
PERPENDICULAR TO THE LAST DESCRIBED LINE, 94.71 FEET TO A POINT, SAID POINT BEING
5.00 FEET (AS MEASURED PERPENDICULARLY) SOUTH OF THE NORTHERLY LINE OF LOT 1
AFORESAID; THENCE SOUTH 2 DEGREES 24 MINUTES 14 SECONDS EAST, 67.62 FEET; THENCE
SOUTH 87 DEGREES 35 MINUTES 46 SECONDS WEST, PERPENDICULAR TO THE LAST
DESCRIBED LINE, 127.29 FEET TO THE HEREINABOVE DESIGNATED POINT OF BEGINNING, IN
DUPAGE COUNTY, ILLINOIS. AREA= 7,922.2 SQUARE FEET OR 0.1819 ACRES.
PIN: 06-24-308-008
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Ordinance 2015-ZO-V-EX-S-1431
Variation — Side Yard Setback
2119 Clearwater Drive
PIN: 06-24-308-008
Page 5 of 9
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Ordinance 2015-ZO-V-EX-S-1431
Variation — Side Yard Setback
2119 Clearwater Drive
PIN: 06-24-308-008
Page 6 of 9
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois ("Village")
WHEREAS, an application has been filed by Real Urban Barbecue Oak, LLC (`Petitioner"), as
tenant, and York Road Associates, LLC, as owner ("Owner'l of the property located at 2119 Clearwater
Drive, Oak Brook, Illinois ("Property'l, which Property is legally described in Exhibit A attached hereto
and incorporated herein, requesting a variation ("Variation') from Section 13 -10E -3C.2 of the "Zoning
Ordinance of the Village of Oak Brook," as amended ("Zoning Regulations'l, to allow for the
construction of a patio ("Patio") adjacent to the building on the Property within the required side yard
setback ("Requested Relief"); and
WHEREAS, Ordinance No. 2015-ZO-V-EX-S-1431, adopted by the President and Board of
Trustees of the Village of Oak Brook on June 9, 2015 ("Ordinance'), grants approval of the Variation,
subject to certain modifications, conditions, restrictions, and provisions; and
WHEREAS, Subsection 7.131 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 consent to accept and abide by each of the terms, conditions and
limitations set forth in the Ordinance;
NOW, THEREFORE, the Petitioner and Owner hereby agree and covenant as follows
1. The Petitioner and Owner hereby unconditionally agree to accept, consent to, and abide by all of
the terms, conditions, restrictions, and provisions of the Ordinance.
2. The Petitioner and Owner 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,
Owner, or any subsequent owner of the Property do not comply with the Ordinance; and (iii) the Petitioner
and Owner agree not to challenge any such revocation on the grounds of any procedural infirmity or a
denial of any procedural right.
3. The Petitioner and Owner 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 Patio on the Property, and that the Village's issuance of any
such permit does not, and will not, in any way, be deemed to insure the Petitioner and Owner against
damage or injury of any kind and at any time.
4. The Petitioner and Owner 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 Patio, the Property, or the
Village's adoption of the Ordinance.
5. The restrictions imposed by this Unconditional Agreement and Consent shall be restrictions
running with the land and shall be binding upon and inure to the benefit of the Owner and his heirs,
successors, assigns, agents, licensees, lessees, invitees, and representatives, including, without
limitation, all subsequent owners of the Property, or any portion thereof, and all persons claiming under
him to the extent provided in this Unconditional Agreement and Consent. If any of the privileges or rights
created by this Unconditional Agreement and Consent would otherwise be unlawful or void for violation of
Ordinance 2015-ZO-V-EX-S-1431
Variation — Side Yard Setback
2119 Clearwater Drive
PIN: 06-24-308-008
Page 7 of 9
(1) the rule against perpetuities or some analogous statutory provision, (2) the rule restricting restraints on
alienation, or (3) any other statutory or common law rules imposing time limits, then the affected privilege
or right shall continue only until 21 years after the death of the last survivor of the now living lawful
descendants of the current President of the United States, or for any shorter period that may be required
to sustain the validity of the affected privilege or right.
6. 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 2015-ZO-V-EX-S-1431
Variation — Side Yard Setback
2119 Clearwater Drive
PIN: 06-24-308-008
Page 8 of 9
IN WITNESS WHEREOF,"" t d e� executed this Unconditional Agreement
and Consent on behalf of Real Urban Barbecue Oak, LLC, on this. q day of iii^c 2015.
Real n Barbecue, Oak, I -
By: `
Its: 0 k.a--n.t <_
State of Illinois
County of DuPage
I, WO -A-' SC. , tt. a Notary Public in and for the County and State aforesaid do hereby
certify that Vic. -TR I-izy'a i o personally known to me, and that he/she appeared
before me this f» day of . RM , 2015, and acknowledged that he/she personally
executed this instrument.} -
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CillpAi.�. -
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Seal
Notary Public
IN WITNESS WHEREOF, TO t4tj (1t? tSS! � executed this Unconditional Agreement
and Consent by York Road Associates, LLC, on this day of *Zug E 2015.
York Road Associates, LLC, an Illinois limited liability company
By: LO York LLC, a Delaware limited liability company, its Manager
By: Non -Member Manage Inc., a Texas corporation, its Manager
By:
Its: Y V t
State of Illinois )
County of DuPage
I,a Notary Public in and for the County and State aforesaid do hereby
v
certify that . 4— personally known to me, and that he/she appeared
before me this ! ("N^ day of c 12 2015, and acknowledged that he/she personally
executed this instrument.
OFFICIAL SEAL
Seal MARYBETH PEHANICH
NOTARY PUBLIC • STATE OF ILLINOIS
MY COMMISSION WIRES:05/20/18
No ary Pu lic
Ordinance 2015-ZO-V-EXS-1431
Variation — Side Yard Setback
2119 Clearwater Drive
PIN: 06-24-308-008
Page 9 of 9
EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT
LEGAL DESCRIPTION
Property:
The subject property at 2119 Clearwater Drive is part of 2122 York Road in Oak Brook, Illinois and the
legal description is as follows:
PARCEL 4: (BUILDING PAD 2)
THAT PART OF LOT 1 OF CLEARWATER OAK BROOK ASSESSMENT PLAT NO. 2, BEING PART OF
THE SOUTHWEST 1/4 OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 26, 2010, AS
DOCUMENT R2010-039896, IN DUPAGE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SECTION 24
AFORESAID; THENCE SOUTH 87 DEGREES 34 MINUTES 22 SECONDS WEST, ALONG THE
SOUTH LINE OF THE SOUTHWEST 1/4 OF SECTION 24 AFORESAID, SAID SOUTH LINE BEING
ALSO THE CENTER LINE OF 22ND STREET, 909.90 FEET; THENCE NORTH 2 DEGREES 25
MINUTES 38 SECONDS WEST, PERPENDICULAR TO THE LAST DESCRIBED LINE, 78.49 FEET TO
A POINT ON THE SOUTH LINE OF LOT 1 AFORESAID, SAID SOUTH LINE BEING ALSO THE NORTH
RIGHT-OF-WAY LINE OF 22ND STREET, AS DEDICATED BY DOCUMENT NUMBER R62-33324;
THENCE CONTINUING NORTH 2 DEGREES 25 MINUTES 38 SECONDS WEST, 290.99 FEET TO
THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE NORTH 2
DEGREES 24 MINUTES 14 SECONDS WEST, 17.00 FEET; THENCE SOUTH 87 DEGREES 35
MINUTES 46 SECONDS WEST, PERPENDICULAR TO THE LAST DESCRIBED LINE, 3.22 FEET;
THENCE NORTH 2 DEGREES 24 MINUTES 14 SECONDS WEST, 11.50 FEET; THENCE NORTH 87
DEGREES 35 MINUTES 46 SECONDS EAST, PERPENDICULAR TO THE LAST DESCRIBED LINE,
3.89 FEET; THENCE NORTH 2 DEGREES 24 MINUTES 14 SECONDS WEST, 17.29 FEET TO A
POINT, SAID POINT BEING 31.09 FEET (AS MEASURED PERPENDICULARLY) SOUTHEASTERLY
OF A NORTHWESTERLY LINE OF LOT 1 AFORESAID; THENCE NORTH 87 DEGREES 35 MINUTES
46 SECONDS EAST, PERPENDICULAR TO THE LAST DESCRIBED LINE, 31.92 FEET; THENCE
NORTH 2 DEGREES 24 MINUTES 14 SECONDS WEST, 21.83 FEET TO A POINT, SAID POINT
BEING 5.00 FEET (AS MEASURED PERPENDICULARLY) SOUTH OF THE NORTHERLY LINE OF
LOT 1 AFORESAID; THENCE NORTH 87 DEGREES 35 MINUTES 46 SECONDS EAST,
PERPENDICULAR TO THE LAST DESCRIBED LINE, 94.71 FEET TO A POINT, SAID POINT BEING
5.00 FEET (AS MEASURED PERPENDICULARLY) SOUTH OF THE NORTHERLY LINE OF LOT 1
AFORESAID; THENCE SOUTH 2 DEGREES 24 MINUTES 14 SECONDS EAST, 67.62 FEET; THENCE
SOUTH 87 DEGREES 35 MINUTES 46 SECONDS WEST, PERPENDICULAR TO THE LAST
DESCRIBED LINE, 127.29 FEET TO THE HEREINABOVE DESIGNATED POINT OF BEGINNING, IN
DUPAGE COUNTY, ILLINOIS. AREA= 7,922.2 SQUARE FEET OR 0.1819 ACRES.
PIN: 06-24-308-008