S-1415 - 02/10/2015 - VARIATION - Ordinances (2) FRED BUCHOLZ
OUPAGE COUNTY RECORDER 9 AM
AUG. 16, 2018
OTHER 537.00 06-27-200-009
011 PAGES R2018- 077071
(Above Space For Recorder's Office Only)
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, IL 60523-2255
RECORDED DOCUMENT TITLE PAGE
Title of Document: ORDINANCE 2015-ZO-V-EX-S-1415 AN ORDINANCE APPROVING A
VARIATION FROM THE PROVISIONS OF SECTION 13-7C-3 AND OF TITLE 13 OF THE VILLAGE
CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO THE REQUIRED FRONT YAR DSETBACK
FOR THE PROPERTY AT 1901 22ND STREET IN THE VILLAGE OF OAK BROOK ILLINOIS
Property Address/es 1901 22ND Street Oak Brook, Illinois 60523
If vacant land, so state and list nearest cross streets)
PIN No(s). 06-27-200-009
Name and Address of Applicant: Costco Wholesale Corporation
10809 1201h Ave., N.E.
Kirkland WA 98033
Name and Address of Responsible: Costco Wholesale
Party to Receive Copy of
Recorded Document and Billing C/O Ted Johnson
T J Design Strategies
2311 W. 22nd Street Suite 208
Oak Brook IL 60523
G/L Account to be charged: 10-1365
Prepared By and Return to: a Village of Oak Brook',
1200 Oak Brook Road
t Oak Brook, Illinois 60523- 55
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 February 10, 2015 , the corporate
authorities of the above municipality passed and approved:
ORDINANCE 2015-ZO-V-EX-S-1415
AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF SECTION 13-7C-3 OF
TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
RELATIVE TO THE REQUIRED FRONT YARD SETBACK FOR THE PROPERTY AT 1901 22ND
STREET
IN THE VILLAGE OF OAK BROOK, ILLINOIS
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 14th day of August 2018.
Charlotte K. Pruss
(09 Village Clerk
Village of Oak Brook
DuPage and Cook Counties, Illinois
C0t1t�TY
ORDINANCE 2015-ZO-V-EX-S-1415
AN ORDINANCE GRANTING A VARIATION FROM THE PROVISIONS OF
SECTION 13-7C-3 OF TITLE 13("ZONING REGULATIONS")OF THE VILLAGE CODE OF THE
VILLAGE OF OAK BROOK RELATIVE TO THE REQUIRED FRONT YARD SETBACK FOR
THE PROPERTY AT 1901 22"d STREET IN THE VILLAGE OF OAK BROOK, ILLINOIS
(PIN: 06-27-200-009)
WHEREAS, Costco Wholesale Corporation ("Owner'l owns the property located at 1901 22nd
Street, Oak Brook, Illinois and legally described in Exhibit A attached hereto and incorporated herein
("Property'l; and
WHEREAS, the Property is located in the B-3 General Business District("B-3 District'); and
WHEREAS, Section 13-7C-3 of the Zoning Ordinance of the Village of Oak Brook,"as amended
("Zoning Regulations"), requires, in part, that properties abutting 22nd Street and York Road to have
front yards with a depth of not less than 100 feet("Required Front Yard Setback'); and
WHEREAS, on May 12, 1998, and pursuant to Ordinance 98-ZO-V-S-900 ("S-9001, the
President and Board of Trustees granted a variation to the Owner to reduce the Required Front Yard
Setback to 38 feet to permit Owner to construct an entrance canopy; and
WHEREAS, the Owner has filed a petition requesting a further variation to Section 13-7C-3 of the
Zoning Regulations and an amendment to S-900 ("Variation Amendment") to reduce the Required
Front Yard Setback from 38 feet to 32 feet for an approximately 36 foot 4 inch (364") span to allow for
the construction of a entrance vestibule and a protective overhang (collectively, "Improvements 11
attached to the existing building on the Property; and
WHEREAS, on January 6, 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
Amendment; and
WHEREAS, after the close of the public hearing, the ZBA found that the Owner satisfactorily
addressed the factors required for approval of the Variation Amendment set forth in Section 13-14-6D of
the Zoning Regulations and, in a letter to the President and Board of Trustees dated January 20, 2015,
recommended approval of the Variation Amendment subject to certain conditions; and
WHEREAS, the President and Board of Trustees have reviewed the recommendation of the ZBA
and deem the Variation Amendment, 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 Amendment. 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 3
of this Ordinance, Section 3 of S-900 shall be amended in its entirety so that Section 3 of S-900 shall
hereafter be and read as follows:
Ordinance 2015-ZO-V-EX-S-1415
Granting a Variation from the Provisions of Section 13-7C-3
For 1901 22nd Street
PIN: 06-27-200-009
Page 2 of 7
"That a variation to Section 13-7C-3 of the Zoning Regulations is hereby granted to
reduce the required front yard setback to 32 feet, as measured to the eaves of the
entrance vestibule, for an approximately 36 foot 4 inch (36'4") span to allow for the
construction of a new entrance vestibule and a protective overhang attached to the
existing building on the Property."
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. S-900 Remains in Effect. All provisions of Ordinance S-900 are to remain in full force and
effect except for as specifically amended by Section 2 of this Ordinance;
B. Substantial Conformance with Plans. The Improvements shall be constructed in substantial
conformance with the approved plans, attached hereto and incorporated herein as Exhibit B;
C. Compliance with Zoning Regulations and Village Code. The Owner shah 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 Owner submitted its
building permit application to the Village except as specifically varied or waived; and
A. 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 the Owner to
comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the Variation
Amendment 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; 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 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 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 Owner. The unconditional agreement and
consent must be substantially in the form attached hereto and incorporated
herein as Exhibit C.
Ordinance 2015-ZO-V-EX-S-1415
Granting a Variation from the Provisions of Section 13-7C-3
For 1901 22nd Street
PIN: 06-27-200-009
Page 3 of 7
B. In the event that the Owner does 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 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 10th day of February, 2015.
Gopal G. Lalmalani
Village President
PASSED THIS 10th day of February, 2015.
Ayes: Trustees Manzo, Moy, Wolin, Yusuf
Nays: None
Absent: Trustees Adler, Baar
ATTEST:.?
Charlotte K. Pruss
Village Clerk
Ordinance 2015-ZO-V-EX-S-1415
Granting a Variation from the Provisions of Section 13-7C-3
For 1901 22nd Street
PIN: 06-27-200-009
Page 4 of 7
EXHIBIT A
LEGAL DESCRIPTION
Property:
Lot 1 in Eastman Kodak Subdivision, being a subdivision in part of Section 27, Township 39 North, Range
11, East of the Third Principal Meridian, according to the Plat thereof recorded June 22, 1995 as
Document R95-076627, in DuPage County, Illinois.
Permanent Parcel#06-27-200-009
Ordinance 2015-ZO-V-EX-S-1415
Granting a Variation from the Provisions of Section 13-7C-3
For 1901 22nd Street
PIN: 06-27-200-009
Page 5 of 7
Exhibit B
Plans
22nd STREET
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NORTHERN ILLINOIS TOLL HIGHWAY
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OAK BI
PROJECT DATA VICINITY MAP ,x3.
CLIENT. COSTCO WHOLESALE PARKING DATA:
999 LAKE DRIVE
ISSAQUAH,WA 98027 PARKING PROVIDED:
PROJECT ADDRESS: 1901 WEST 22ND ST Cad 10'WIDE STALLS 813 STALLS
OAK BROOK,ILLINOIS 60521 ®lit HANDICAP STALLS 15 STALLS
TOTAL PARKING 628 STALLS
SITE AREA: 13.45 ACRES(586,029 S.F.) srte ur+o
EXIST.BUILDING DATA:
EXIST.FIRST FLOOR AREA 164,518 S.F.
EXIST.SECOND FLOOR AREA 13,430 S.F.
TOTAL EXIST.BUILDING 177,948 S.F. 96-1770
OCTOBER
CONCEPT
PLAN
COSTCO WHOLESALE CONCEPT SITE PLAN SD10
OAK BROOK, ILLINOIS OCTOBER 20, 2014
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VIEW OF EXISTING ENTRY VIEW OF PROPOSED ENTRY
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4 PERSPECTIVE OF ENTRY VESTIBULE PLAN 96-1770-21
OCTOBER:
ENTRY VE:
EXHIBIT
COSTCO WHOLESALE ENTRY VESTIBULE DD30:
OAK BROOK, ILLINOIS OCTOBER 20, 2014
Ordinance 2015-ZO-V-EX-S-1415
Granting a Variation from the Provisions of Section 13-7C-3
For 1901 22nd Street
PIN: 06-27-200-009
Page 6 of 7
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois ("Village"):
WHEREAS, the Costco Wholesale Corporation ("Owner's has filed a petition requesting a
variation to Section 13-7C-3 of the "Zoning Ordinance of the Village of Oak Brook," as amended, to
reduce the required front yard setback to 32 feet for an approximately 36 foot 4 inch (36'4") span
("Variation") to allow for the construction of a entrance vestibule and a protective overhang (collectively,
"Improvements") on the existing building at 1901 22nd Street, Oak Brook, Illinois; and
WHEREAS, Ordinance No. 2015-ZO-V-EX-S-1415, adopted by the President and Board of
Trustees of the Village of Oak Brook on February 10, 2015 ("Ordinance"), grants approval of the
Variation, subject to certain modifications, conditions, restrictions, and provisions; and
WHEREAS, Subsection 7.13 of the Ordinance provides, among other things, that the Ordinance
will be of no force or effect unless and until the Owner files this Unconditional Agreement and Consent
with the Village Clerk, within 60 days following the passage of the Ordinance, and consents to accept and
abide by each of the terms, conditions and limitations set forth in said Ordinance,-
NOW,
rdinance;NOW, THEREFORE, the Owner does hereby agree and covenant as follows.-
1.
ollows:1. The Owner hereby unconditionally agrees to accept, consent to, and abide by all of the terms,
conditions, restrictions, and provisions of the Ordinance.
2. The Owner acknowledges and agrees that: (i) public notices and hearings have been properly
given and held with respect to the adoption of the Ordinance; (ii) the Owner has considered the possibility
that the variation granted by the Ordinance may be revoked if the Owner does not comply with the
Ordinance; and (iii) the Owner agrees not to challenge any such revocation on the grounds of any
procedural infirmity or a denial of any procedural right.
3. The Owner acknowledges and agrees 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 addition 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 Owner against damage or injury of any kind
and at any time.
4. The Owner agrees to and does 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 addition, 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 Owners and their 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
them 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 (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
Ordinance 2015-ZO-V-EX-S-1415
Granting a Variation from the Provisions of Section 13-7C-3
For 1901 22nd Street
PIN: 06-27-200-009
Page 7 of 7
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.
IN WITNESS WHEREOF, Costco Wholesale Corporation executed this Unconditional Agreement and
Consent on this 6'�n4day of A407'W , 2015.
Dated: ltaaf?ZM S , 2015.
ATTES Costco oies I rpo ti,
By: / By:
Its: Ric ardJ. Olin
9SIF14 on
SMASSt. Secretary