S-1571 - 06/11/2019 - VARIATION - Ordinances
ORDINANCE 2019-ZO-V-EX-S-1571
AN ORDINANCE GRANTING VARIATIONS 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
800 JORIE BOULEVARD IN THE VILLAGE OF OAK BROOK, ILLINOIS
PIN: 06-26-201-22
WHEREAS, an application has been filed by Independence Plus, Inc., (“Petitioner”), with the
permission of SF CH2 LLC, (“Owner”), the owner of the property located at 800 Jorie Boulevard, Oak
Brook, Illinois, which is legally described in Exhibit A attached hereto and incorporated herein
(“Property”), requesting variations from Section 13-11-10 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”) on
an existing office building on the Property; and
WHEREAS, Section 13-11-10C.8 of the Zoning Regulations allows one wall sign per street
frontage per building; and
WHEREAS, Section 13-11-10D.2.c of the Zoning Regulations limits wall signs to one hundred
(100) square feet per sign face for signs mounted less than fifty (50) feet high; and
WHEREAS, Section 13-11-10G.4 of the Zoning Regulations provides that a company’s primary
registered or trademark logo on a wall sign must not be taller than the height of the lettering of the wall
sign; and
WHEREAS, the Petitioner has recently leased 24,000 square feet of office space in the building
on the Property, and Petitioner and Owner desire to install the Wall Sign on the west façade of the
building that will only have visibility to the I-88 corridor; and
WHEREAS, the Petitioner and Owner cannot install the Wall Sign on the building’s west façade
without first obtaining approval of a variations from Sections 13-11-10C.8, 13-11-10D.2.c, and 13-11-
10G.4 of the Zoning Regulations to (1) allow for a second wall sign on the west façade of the building; (2)
to permit an increase in the total wall sign area from 100 square feet to 184 square feet; and (3) to permit
the height of a corporate logo to exceed the height of the lettering of a wall sign (collectively, the
“Variations”); and
WHEREAS, on May 7, 2019, 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 had
satisfactorily addressed the factors required for approval of the Variations as set forth in Section 13-14-6D
of the Zoning Regulations and, in a letter to the President and Board of Trustees dated May 9, 2019,
recommended approval of the Variations subject to certain conditions; and
WHEREAS, on May 28, 2019, the Village President and the Board of Trustees reviewed the
recommendations and directed Village staff to prepare this Ordinance for consideration; and
Ordinance 2019-ZO-V-EX-S-1571
800 Jorie Boulevard Sign Variance
PIN: 06-26-201-22
Page 2 of 8
WHEREAS, the Village President and Board of Trustees: i) 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, ii) deem the Variations, as set forth below, to be in the best interests of the Village, and
iii) hereby adopt the ZBA’s findings dated May 9, 2019.
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. Variations 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 (1) a variance from Section 13-11-10C.8 of the Zoning Regulations to permit a second wall sign
on the west façade of the building on the Property; (2) a variance from Section 13-11-10D.2.c of the
Zoning Regulations to permit an increase in the total area from 100 to 184 square feet for the Wall Sign;
and (3) a variance from Section 13-11-10G.4 of the Zoning Regulations to permit the height of the
corporate logo on the Wall Sign to exceed the height of the lettering of the Wall Sign.
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 on the Property will be constructed in
substantial conformance with the plans prepared by Parvin-Clauss Sign Company, with a latest
revision date of March 28, 2019, attached hereto and incorporated herein collectively as Exhibit
B.
B. Compliance with Applicable Law. Notwithstanding the exhibits attached to this Ordinance, the
Petitioner and Owner shall comply with all applicable Village ordinances, codes, rules, and
regulations, as amended, at the time of building permit application, unless expressly waived or
varied. 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, as amended.
Section 4. Failure to Comply with Conditions. Upon failure or refusal of Petitioner or Owner 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
Ordinance 2019-ZO-V-EX-S-1571
800 Jorie Boulevard Sign Variance
PIN: 06-26-201-22
Page 4 of 8
EXHIBIT A
LEGAL DESCRIPTION
Property:
The subject Property is located at 800 Jorie Boulevard, in Oak Brook, Illinois and the legal description is
as follows:
LOT 1 IN CHICAGO BRIDGE & IRON COMPANY SUBDIVISION, BEING A RESUBDIVISION OF LOT 1
OF THE CHICAGO BRIDGE & IRON COMPANY ASSESSMENT PLAT AND LOT 1 OF THE ARMOUR
COMPANY ASSESSMENT PLAT, IN THE NORTH EAST QUARTER OF SECTION 26, TOWNSHIP 39
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF
SAID CHICAGO BRIDGE & IRON COMPANY SUBDIVISION RECORDED JULY 12, 1976 AS
DOCUMENT NUMBER R76-45791, IN DUPAGE COUNTY, ILLINOIS.
PIN: 06-26-201-22
Ordinance 2019-ZO-V-EX-S-1571
800 Jorie Boulevard Sign Variance
PIN: 06-26-201-22
Page 5 of 8
EXHIBIT B
WALL SIGN PLANS
[Attached]
H.
H.1
I.2
Ordinance 2019-ZO-V-EX-S-1571
800 Jorie Boulevard Sign Variance
PIN: 06-26-201-22
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 Independence Plus, Inc., (“Petitioner”), with the
permission of SF CH2 LLC, (“Owner”), the owner of the property located at 800 Jorie Boulevard, Oak
Brook, Illinois, which is legally described in Exhibit 1 attached hereto and incorporated herein
(“Property”), requesting variations from Section 13-11-10 of the Zoning Ordinance of the Village of Oak
Brook, as amended (“Zoning Regulations”), to allow the construction of a wall sign on an existing office
building on the Property; and
WHEREAS, Ordinance No. 2019-__________, adopted by the President and Board of Trustees
of the Village of Oak Brook on June 11, 2019 (“Ordinance”), grants approval of the Variation, subject to
certain modifications, conditions, restrictions, and provisions; and
WHEREAS, Ordinance Section 7 provides, among other things, that the Ordinance will be of no
force or effect unless and until the Petitioner and 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, 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 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 of
such parties in connection with the operation and use of the Property, or the Village’s adoption of the
Ordinance.
5. The Owner and Petitioner are jointly and severally liable for all obligations and liabilities arising
from or related to this Unconditional Agreement and Consent.
[SIGNATURE PAGE FOLLOWS]
Ordinance 2019-ZO-V-EX-S-1571
800 Jorie Boulevard Sign Variance
PIN: 06-26-201-22
Page 8 of 8
EXHIBIT 1
TO UNCONDITIONAL AGREEMENT AND CONSENT
LEGAL DESCRIPTION
Property:
The subject Property is located at 800 Jorie Boulevard, in Oak Brook, Illinois and the legal description is
as follows:
LOT 1 IN CHICAGO BRIDGE & IRON COMPANY SUBDIVISION, BEING A RESUBDIVISION OF LOT 1
OF THE CHICAGO BRIDGE & IRON COMPANY ASSESSMENT PLAT AND LOT 1 OF THE ARMOUR
COMPANY ASSESSMENT PLAT, IN THE NORTH EAST QUARTER OF SECTION 26, TOWNSHIP 39
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF
SAID CHICAGO BRIDGE & IRON COMPANY SUBDIVISION RECORDED JULY 12, 1976 AS
DOCUMENT NUMBER R76-45791, IN DUPAGE COUNTY, ILLINOIS.
PIN: 06-26-201-22