S-1561 - 03/12/2019 - VARIATION - Ordinances (2)ORDINANCE 2019-ZO-V-EX-S-1561
AN ORDINANCE GRANTING A VARIATION FROM THE
PROVISIONS OF SECTION 13-11-10 OF TITLE 13
OF THE VILLAGE OF OAK BROOK MUNICIPAL CODE
TO ALLOW A WALL SIGN ON THE PROPERTY LOCATED AT
1211 22ND STREET IN THE VILLAGE OF OAK BROOK, ILLINOIS
PIN: 06-26-100-012
W HEREAS, an application has been filed by Olympik Signs, Inc. on behalf of True Group, Inc., as
tenant (“Petitioner”), and AG Oak Brook Executive Venture, LLC, as owner (“Owner”), of the properties
located at 1211 22nd Street, Oak Brook, Illinois, which is legally described in Exhibit A attached hereto
and incorporated herein (“Property”), requesting a variation from Section 13-11-10E.4 of the Zoning
Ordinance of the Village of Oak Brook, as amended (“Zoning Regulations”), to allow the construction of
a wall sign (‘Wall Sign”) on an existing penthouse structure; and
W HEREAS, Section 13-11-10E.4 of the Zoning Regulations prohibits wall signs from covering any
architectural features or being affixed to areas setback from the building’s perimeter façade; and
W HEREAS, the existing building located on the Property features a penthouse structure that
constitutes an architectural feature, and the penthouse structure is setback from the building’s perimeter
façade; and
W HEREAS, the Petitioner and Owner cannot install the Wall Sign on the building’s penthouse
structure without first obtaining approval of a variation from Section 13-11-10E.4 of the Zoning Regulations
to allow a wall sign to be installed in a manner that covers an architectural feature and on a portion of the
building setback from the building’s perimeter façade (“Variation”); and
W HEREAS, on January 15, 2019, the Oak Brook Zoning Board of Appeals ("ZBA") conducted a
public hearing on the application for the requested Variation, pursuant to due and appropriate legal notice;
and
W HEREAS, 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 as set forth in Section 13-14-6D
of the Zoning Regulations and, in a letter to the President and Board of Trustees dated January 29, 2019,
recommended approval of the Variation subject to certain conditions; and
W HEREAS, on February 12, 2019, the Village President and the Board of Trustees reviewed the
recommendations and concurred with the ZBA’s findings; and
W HEREAS, the Village President and Board of Trustees find that 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 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.
Ordinance 2019-ZO-V-EX-S-1561
1211 22nd Street – True Group, Inc. Sign Variance
PIN: 06-26-100-012
Page 2 of 8
Section 2. Variation Approved. Subject to, and contingent on the conditions, restrictions, and
provisions set forth in Section 3 of this Ordinance, the Village Board of Trustees shall, and does hereby,
approve a variation to the Zoning Regulations to permit a wall sign to be installed in a manner that covers
an architectural feature and on a portion of the building that is setback from the building’s perimeter façade.
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 Sign will be constructed in substantial conformance
with the plans prepared by Olympik Signs dated December 12, 2018 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, all of the operations and activities conducted on and in the Property, and all structures,
improvements, and appurtenances located on the Property must comply at all times with all
applicable federal, state, and Village statutes, ordinances, resolutions, rules, codes, and
regulations, as amended.
Section 4. Failure to Comply with Conditions. Upon failure or refusal of Owner or 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 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
Ordinance 201 9-ZO-V-EX-S-1 561
1211 22nd Street—True Group,Inc.Sign Variance
PIN: 06-26-100-012
Page 3 of 8
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.
APPROVED THIS 261h day of February, 2019.
Gopal G. Lalmalani
Village President
PASSED THIS 26th day of February, 2019.
Ayes: Trustees Baar, Cuevas, Manzo, Saiyed, Tiesenga, Yusuf
Nays: None
Absent: None
Qs'
y
f
ATTEST:
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C arlotte K. Pruss
Village Clerk
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CFe 1UAS'f ,
Ordinance 2019-ZO-V-EX-S-1561
1211 22nd Street – True Group, Inc. Sign Variance
PIN: 06-26-100-012
Page 4 of 8
EXHIBIT A
LEG AL DESCRIPTION
Property:
The subject Property is located at 1211 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
R WHITEHEAD PAMELA F
page 3 of 4
Comments:
South Building Elevation - Before South Building Elevation - AFTER
job#: 18-7402
08-01-181211 W 22nd Street
Oak Brook, IL 6052313'-9"+-105'-0"
85'-0"+-6'-10"Illuminated Face-Lit Channel Letterset -
Scale 1/8" = 1'-0"
Qty: (1) Required
Square Footage: 245.14
5" Deep aluminum constructed face-lit channel letterset. All letter and accent faces to be White Polycarb faces. Trim caps and returns to be painted Black.
Sign to be illuminated with White LED Modules. Letters to be flush mounted to roof wall structure (as shown) Electric service to be brought to sign site (BY OTHERS).
Field verification of building dimensions required prior to fabrication. Drawing for concept purposes only.
35'-10½"2'-1½"2'-1½"2'-1½"3'-10"3'-10"3'-10"6'-9" TLogo4'-8" rPROPOSEDPROPOSEDPROPOSED
SIGN LAYOUT
5" Deep
Face-Lit aluminum channel letters
with White polycarb faces, Black trim caps,
Black painted returns, flush mounted
12-12-18
27'-3"
From Corner to Air Intake
8'-10"
Air Intake 5'-0"38'-11"AC UnitFrom Corner to AC Unit
3'-0"
EXISTINGEXISTINGEXISTING13'-9"13'-9"13'-9"110
'
-
0
"
110
'
-
0
"
110
'
-
0
"
85'-
0
"
85'-
0
"
85'-
0
"
A
A
Section A -
Scale N.T.S.
Flush mounted internally illuminated letterset.
Self-contained electrical.
DISCONNECT SWITCH
ALUMINUM CHANNEL
SIDES & .090 BACK
TRIM CAP
WHITE ACRYLIC FACES W/
VINYL OVERLAY
MOUNTING BOLTS
TO BE DETERMINED
BY FIELD CONDITIONS
WHITE LED MODULE
LIGHTING SYSTEM
INSULATED WIRE AS REQ'D
TO MEET U.L. SPECS FOR
APPLICATION
LED POWER SUPPLY
5"
EXHIBIT B Ordinance S-1561 - Page 5 of 8
Ordinance 2019-ZO-V-EX-S-1561
1211 22nd Street – True Group, Inc. Sign Variance
PIN: 06-26-100-012
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 Olympik Signs, Inc. for True Group, Inc., as tenant
(“Petitioner”), and AG Oak Brook Executive Venture, LLC, as owner (“Owner”), of the property located at
1211 22nd Street, Oak Brook, Illinois, which is legally described in Exhibit 1 attached hereto and
incorporated herein (“Property”), requesting a variation from Section 13-11-10E.4 (“Variation”) 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”); and
WHEREAS, Ordinance No. 2019-ZO-V-EX-S-1561, adopted by the President and Board of
Trustees of the Village of Oak Brook on February 26, 2019 (“Ordinance”), grants approval of the Variation,
subject to certain modifications, conditions, restrictions, and provisions; and
W HEREAS, Ordinance Section 7 provides, among other things, that the Ordinance will be of no
force or effect unless and until Owner and Petitioner 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, Owner and Petitioner 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 that: (i) public notices and hearings have been properly
given and held with respect to the adoption of the Ordinance; (ii) the Owner and Petitioner have considered
the possibility that the Variation granted by the Ordinance may be revoked if the Owner and Petitioner do
not comply with the Ordinance; and (iii) The Owner and 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 use of the Property, the construction of the Wall Sign and that the Village’s issuance of any
such permits does not, and will not, in any way, be deemed to insure the Owner and Petitioner against
damage or injury of any kind and at any time.
4.The Owner and Petitioner agree 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 of
such parties in connection with the operation and use of the Property, or the Village’s adoption of the
Ordinance.
[SIGNATURE PAGE FOLLOWS]
Ordinance 2019-ZO-V-EX-S-1561
1211 22nd Street – True Group, Inc. Sign Variance
PIN: 06-26-100-012
Page 8 of 8
EXHIBIT 1
TO UNCONDITIONAL AGREEMENT AND CONSENT
LEGAL DESCRIPTION
Property:
The subject Property is located at 1211 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