S-1443 - 11/10/2015 - VARIATION - Ordinances (2)DUPAGE COUNTY RECORI
DEC.07,2015
PLAT $52.00 06-26
AGES R2015®
Dve Space For Recorder's Office On
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, IL 60523-2255
- •*� r sir M�
9:15 AM
-100- 009
132635
Property Address/es 1415 and 1515 22 n Street Oak Brook Illinois 60523
If vacant land, so state and list nearest cross streets)
PIN No(s). 06-26-100-009
Name and Address of
Name and Address of Responsible: Same
Party to Receive Copy of
Recorded Document and Billing** Eric Thompson **
Oak Brook IL 60523
G/L Account to be charged: 10-1365
Prepared By and Return to: Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523-2255
Name & Address of Recipient Owner Scott Darling
of Consideration (when applicable): ASVRF Oak Brook Regency LLC
801 N. Brand Blvd Suite 800
Glendale CA 91203
G/L Account to be charged 10-1365
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 November 10 2014 the corporate
authorities of the above municipality passed and approved:
ORDINANCE 2015-ZO-V-EX-S-1443
AN ORDINANCE GRANTING A VARIATION FROM THE
PROVISIONS OF SECTION 13-12-31-1.2 OF TITLE 13 ("ZONING REGULATIONS")
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
RELATIVE TO PARKING SPACES IN THE REQUIRED FRONT YARD FOR THE PROPERTIES AT
1415 AND 1515 22ND STREET IN THE VILLAGE OF OAK BROOK, ILLINOIS
(PIN: 06-26-100-009)
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 11th day of November 2015.
Charlotte K. Pruss
Village Clerk
Village of Oak Brook
DuPage and Cook Counties, Illinois
ORDINANCE 2015-ZO-V-EX-S-1443
AN ORDINANCE GRANTING A VARIATION FROM
SECTION 13-12-3H.2 OF TITLE 13 ("ZONING REGULATIONS")
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
RELATIVE TO PARKING SPACES IN THE REQUIRED FRONT YARD FOR THE PROPERTIES AT
1415 AND 1515 22ND STREET IN THE VILLAGE OF OAK BROOK, ILLINOIS
(PIN: 06-26-100-009)
WHEREAS, an application was filed by ASVRF Oak Brook Regency, LLC ("Owner") requesting
a variation from Section 13-12-3H.2 ("Variation") of the "Zoning Ordinance of the Village of Oak Brook,"
as amended ("Zoning Regulations', to allow for the construction of 18 additional parking spaces
("Parking Spaces") in the required front yard setback of the properties located at 1415 and 1515 22nd
Street, Oak Brook, Illinois and legally described in Exhibit A attached hereto and incorporated herein
(each a "Property" and, collectively, the "Properties"); and
WHEREAS, the Properties are located in the 03 Office District ("03 District"); and
WHEREAS, Section 13-12-3H.2 of the Zoning Regulations provides that properties located within
the 03 District may only have six parking spaces located in the required front yard; and
WHEREAS, each Property currently has six parking spaces located in the required front yard;
and
WHEREAS, with the addition of the Parking Spaces, the Properties will exceed the number of
parking spaces permitted in the required front yard setback, and
WHEREAS, on October 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; 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 set forth in Section 13-14-6D of the Zoning
Regulations and, in a letter to the President and Board of Trustees dated October 20, 2015,
recommended approval of the Variation subject to certain conditions ("Recommendation's and
WHEREAS, the President and Board of Trustees have reviewed the Recommendation 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 upon the conditions set forth in Section 3 of this
Ordinance, the Owner is hereby granted a variation from Section 13-12-3H.2 of the Zoning Regulations to
allow an additional 9 parking spaces to be built on each Property, for a total of 15 parking spaces to be
located in the required front yard setback of each Property.
Ordinance 2015-ZO-V-EX-S-1443
Variation from Section 13-12-31-1.2
Front Yard Parking Spaces
For 1415 and 1515 22nd Street
PIN: 06-26-100-009
Page 2 of 9
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 Parking Spaces and landscaping located around
and adjacent to the Parking Spaces shall be constructed in substantial conformance with the
plans prepared by Daniel Weinbach & Partners, Ltd, and labeled Sheet L-1.0 dated August
21, 2015 and attached hereto and incorporated herein as Exhibit B ("Parking Expansion
Layout and Landscape Plan").
B. Screening.
(i) Owner shall construct and maintain landscape screening around and adjacent to the
Parking Spaces in accordance with the plans prepared by Daniel Weinbach & Partners,
Ltd. and labeled Sheet L-1.1 dated August 21, 2015, and attached hereto and
incorporated herein as Exhibit BA ("Parking Expansion Plan, Detail and Elevations);
and
(ii) The earthen berm and evergreen plant screening that is to be constructed and planted in
accordance with Section 3.B.i. of this Ordinance must be a minimum of 48 -inches in
height of over the entire span of the required screening at the time the Parking Spaces
are installed ("Height Requirement") and at all times thereafter; and
C. Compliance with Zoning Regulations and Village Code. The Owner shall 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 his
building permit application to the Village except as specifically varied or waived; and
D. Compliance with Applicable Law. In addition to the other specific requirements of this
Ordinance, the Properties, the Parking Spaces and landscaping, 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 of the
Properties 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; Non -Transferability. 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 the Owner's heirs, successors, and assigns, and upon any and all current and
successor legal or beneficial owners of all or any portion of the Properties.
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:
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 executed unconditional
Ayes:
N
Ordinance 2015-ZO-V-EX-S-1443
Variation from Section 13-12-31-1.2
Front Yard Parking Spaces
For 1415 and 1515 22nd Street
PIN: 06-26-100-009
Page 3 of 9
agreement and consent to accept and abide by each and all of the terms,
conditions, and limitations set forth in this Ordinance, which unconditional
agreement and consent must be substantially the same form as attached
hereto and incorporated herein as Exhibit C.
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 November, 2015.
r
Gopal G. Lalmalani
Village President
PASSED THIS 10th day of November, 2015.
Trustees Adler, Manzo, Moy, T
None
Absent: Trustee Baar, Trustee Yusuf (for this vote)
ATTEST:
Charlotte K. Pruss
Village Clerk
Ordinance 2015-ZO-V-EX-S-1443
Variation from Section 13-12-3H.2
Front Yard Parking Spaces
For 1415 and 1515 22nd Street
PIN: 06-26-100-009
Page 4 of 9
EXHIBIT A
LEGAL DESCRIPTION
Property:
The subject property is located at 1415 and 1515 22nd Street in Oak Brook, Illinois and the legal
description is as follows:
Parcel 1:
Lot 1 of Kallen's Towers Subdivision, being a Subdivision of part of Lot 6 in Oak Brook Investment
Company Assessment Plat No. 4, of part of the Northwest quarter of Section 26, Township 39 North,
Range 11, East of the Third Principal Meridian, according to the Plat of said Kallen's Towers Subdivision
recorded July 11, 1973 as document R73-42261, and amended by document R77-11482, in Du Page
County, Illinois.
Parcel 2:
Easements appurtenant for ingress and egress as contained in Reciprocal Easement Grant -1972
recorded August 30, 1972 as document R72-52352, as amended by Supplementary Easement
Agreement recorded August 6, 2000 as document R2000-121579.
Commonly known as: 1415 and 1515 West 22nd Street, Oak Brook, Illinois, 60523
PIN: 06-26-100-009
Ordinance 2015-ZO-V-EX-S-1443
Variation from Section 13-12-31-1.2
Front Yard Parking Spaces
For 1415 and 1515 22nd Street
PIN: 06-26-100-009
Page 5 of 9
Exhibit B
Parking Expansion Layout and Landscape Plan
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Ordinance 2015-ZO-V-EX-S-1443
Variation from Section 13-12-31-1.2
Front Yard Parking Spaces
For 1415 and 1515 22nd Street
PIN: 06-26-100-009
Page 6 of 9
Exhibit B.1
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Ordinance 2015-ZO-V-EX-S-1443
Variation from Section 13-12-31-1.2
Front Yard Parking Spaces
For 1415 and 1515 22nd Street
PIN: 06-26-100-009
Page 7 of 9
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois ("Village")
WHEREAS, an application was filed by ASVRF Oak Brook Regency, LLC ("Owner") requesting
a variation from Section 13-12-31-1.2 ("Variation") of the "Zoning Ordinance of the Village of Oak Brook,"
as amended ("Zoning Regulations"), to allow for the construction of 18 additional parking spaces
("Parking Spaces") in the required front yard setback of the Properties located at 1415 and 1515 22nd
Street, Oak Brook, Illinois and legally described in Exhibit A attached hereto and incorporated herein
(collectively, the "Property"); and
WHEREAS, Ordinance No. 2015-ZO-V-EX-S-1443, adopted by the President and Board of
Trustees of the Village of Oak Brook on November 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 and consents to accept and abide by each of the terms, conditions and limitations
set forth in the Ordinance;
NOW, THEREFORE, the Owner does hereby agree and covenant as follows:
1. The Owner does hereby unconditionally agree 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 Parking Spaces on the Property, and that the Village's issuance of any such
permits 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 Parking Spaces, the Property,
or the Village's adoption of the Ordinance.
5. 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-1443
Variation from Section 13-12-3H.2
Front Yard Parking Spaces
For 1415 and 1515 22nd Street
PIN: 06-26-100-009
Page 8 of 9
IN WITNESS WHEREOF, S 007-7 DA kLL//U&C executed this Unconditional Agreement
and Consent on behalf of ASVRF Oak Brook Regency, LLC, ownership, on this 24 -ay of 200 WMrg&e
2015.
ASVRF Oak Brook Regency, LLC
By:
Its: "a
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss:
COUNTY OF LOS ANGELES )
On November 24 2015, before me, Lisa Lee Notary Public, personally appeared Scott Darling, who
proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his authorized capacity, and
that by his signature on the instrument the person or the entity upon behalf of which the person
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public:
Lisa Lee
My Commission Expires: July 19, 2018
116A LEE
COM mietlee el 2074351
Notary Public - Ctllfomh
t Loa Angeles County
M Comm.f Tres Jul 19.2We
Ordinance 2015-ZO-V-EX-S-1443
Variation from Section 13-12-31-1.2
Front Yard Parking Spaces
For 1415 and 1515 22nd Street
PIN: 06-26-100-009
Page 9 of 9
EXHIBIT A TO UNCONDITIONAL AGREEMENT AND CONSENT
LEGAL DESCRIPTION
Property
The subject property is located at 1415 and 1515 22nd Street in Oak Brook, Illinois and the legal
description is as follows:
Parcel 1:
Lot 1 of Kallen's Towers Subdivision, being a Subdivision of part of Lot 6 in Oak Brook Investment
Company Assessment Plat No. 4, of part of the Northwest quarter of Section 26, Township 39 North,
Range 11, East of the Third Principal Meridian, according to the Plat of said Kallen's Towers Subdivision
recorded July 11, 1973 as document R73-42261, and amended by document R77-11482, in Du Page
County, Illinois.
Parcel 2:
Easements appurtenant for ingress and egress as contained in Reciprocal Easement Grant -1972
recorded August 30, 1972 as document R72-52352, as amended by Supplementary Easement
Agreement recorded August 6, 2000 as document R2000-121579.
Commonly known as: 1415 and 1515 West 22nd Street, Oak Brook, Illinois, 60523
PIN: 06-26-100-009