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S-1594 - 01/28/2020 - BOARD OF TRUSTEES - Ordinances丁HE VILLAGE OF OAK BR00K C00K AND DUPAGE COUNTIES,:LLINO:S ORDiNANCE NUMBER 2020-ZO…V―EX‐S-1594 AN ORDINANCE GRAN丁 !NG A VAR:A丁 10N FROM ttHE PROVIS10NS OF SECT!ONS 13-11‐10C‐8 and 13-11‐10E.40F 丁1丁 LE 13 0FttHE V:LLAGE CODE OFttHE VlLLAGE OF OAK BR00K RELA丁 IVEttO A WALL S:GN FOR ttHE PROPERttY LOCAttED AT 616 ENttERPR!SE DRIVE IN ttHE VILLAGE OF OAK BR00K,ILLINO:S GOPAL G.LALMALANl,Village President CHARLOT~「EK.PR∪SS,Village Clerk 」OHN BAAR PHILIP CUEVAS MICHAEL MANZO MOIN SAIYED EDWARD TIESENGA ASiF YUSUF Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on this the 28th daY of January,2020 ORDINANCE 2019-ZO―V―EX‐S-1594 AN ORDiNANCE GRANT:NG A VAR:AT:ON FROM PROVIS10NS OF SECT10N 13‐10C8AND 13‐11‐10E.40FT:TLE 13(``20N:NG RECULAT:ONS'') OF THE VILLAGE CODE OF THE ⅥLLAGE OF OAK BR00K RELATiVE TO A WALL S:GN FOR THE PROPERTY LOCATED AT 616 ENTERPRiSE DRiVE:N THE V:LLAGE OF OAK BR00K,:LL:NO:S PIN:06-24-305‐008 WHEREAS,the V∥lage of Oak Brook is a municipal corporation organized pursuantto the laws of the State of∥∥nois; WHEREAS,the V∥lage of Oak Brook is authoHzed by the∥∥nois Municipal Code,65 1LCS 5′11- 13‐5,to vary its zoning regulations where there are practical difrculties or particular hardship in observing those regulations for the use,construction,or alteration of bu∥dings or structures o「the use ofland; WHEREAS,the property owner has requested a variance from the certain provisions ofthe V∥lage of Oak Brook Zon!ng Ordinance as descnbed hereln; WHEREAS,a peti∥on has been submitted by HBK Engineering with the authorization of Teamwo慮 lnvestments,LLC,the Property Owner(hereinafter refered to as the“Owaeノ ),ofthe prOperty located at 616 Enterprise Drive, ∥∥nois,which is lega∥y deschbed in Exhibit A attached hereto and inco「porated herein(hereinafter referred to as the``Sυ りect PrOpe■yり requesing approval of vanalons frOm Seclon 13-11-10C8and 13‐11-10E4to permit a wa∥sign constructed above the roofine and centered on the HVAC screening ofthe nonh facade thatincludesヽ Ю ∥nes oftext and a companylogo(hereinafter referred to as the``Va″a″0″り:WHEREAS,the Vi∥age of Oak Brook Zoning Board of Appeals on December 3,2019 held a pub∥ohea百 ng to consider the petitioner's request and to heartestimony on the proposal and as a result of sald hea"ng the Vi∥age of Oak Brook Zoning Board of Appealsissued a positlve recommendatton in this matler a∥pursuantto proper notice and in comp∥ance with the laws ofthe State of∥∥nOis and ordinances ofthe V∥lage of Oak Brook; WHEREAS,the V∥lage of Oak Brook Zoning Board of Appeals found the requestto be reasonable in that the requested variation is appropriate under the standards adopted by the V∥lage of Oak Brook in its Zoning Regulations applicable to zoning variances and made positive findings of factin suppOrt of said vanance: VVHEREAS,the Zoning Board of Appeals recommends approval ofthe peu∥oner's request by the Board of Trustees ofthe V∥lage of Oak Brook: VVHEREAS, the corporate authorities of the V∥lage of Oak Brook Flnd that the granung of the requested Variation has no det∥mentalimpact on the health,welfare or safety ofthe pub∥cin general and 輌nds thatthe petitioner has met his burden in demonstrating the grounds forthe requested variation:and VVHEREAS, the co「po「ate autho「ities of the V∥lage of Oak Brook ind that the petittoner has demonstrated practical dimculties o「panicular hardship in the application ofthe Zoning Regulations NOVV,THEREFORE,BE IT ORDAINED,in open meelng assembled,bythe V∥lage President and Board of Trustees ofthe V∥lage of Oak Brook,Cook and DuPage Counies,∥∥nois as fo∥ows: Ordinance 202GZO-V-EX-S-'l 594 616 Enterprise Drive - Variation "'* *'3:#il13 Section 1 . Recitals. The Corporate Authorities hereby find that all of the recitals hereinbefore stated as contained in the preamble to the Ordinance are full, true and correct and do hereby, by reference, incorporate and make them part of this Ordinance as legislative findings. Section 2. Grant of Variation. Subject to, and contingent on the conditions, restrictions, and provisions set forth herein, the Village Board of Trustees shall, and does hereby, approve a Variation to the Zoning Regulations as follows: Variation to Sections 13-11-10C.8 and 13-11-10E.4 of the Oak Brook Zoning Regulations to permit a wall sign constructed above the roofline and centered on the HVAC screening of the north fagade that includes two lines of text and a company logo on the property commonly referred to as 616 Enterprise Drive, Oak Brook, lllinois. 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 October 24,2019 attached hereto and incorporated herein collectively as Exhibit B. B. Comoliance with Zonino Reoulations and Villaoe Code. The Owner shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived by this, or subsequent, Ordinances. C. Comoliance with Aoolicable Law. ln addition to the other specific requirements of this Ordinance 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. D. Previouslv Aooroved Variations and Soecial 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. Section 4. Failure to Comolv with Conditions. A. Upon failure or refusal of the Owner to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the Variation granted herein, at the sole discretion of the President and Board of Trustees, by ordinance duly adopted, be revoked and become null and void. B. Any person violating the terms and conditions of this ordinance shall be sub.iect to a fine not exceeding $1,000.00 with each day that a violation is allowed to exist constituting a distinct and separate offense. ln addition, the Village of Oak Brook may take whatever action it deems appropriate to enforce the terms of this ordinance including an action for injunction. All attorneys' fees and costs incurred by the Village of Oak Brook in enforcing this ordinance shall be paid by the violator. Section 5. Bindinq 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 Owner of all or any portion of the Property.2 Ordinance 2020-ZO-V-EX-S-'1 594 6,16 Enterprise Drive - Vadation PIN: 06-24-30S008 Section 6. Effective Date. A. This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. and B. 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 consenl ("Unconditional Agreement and Consant"l 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. ln the event that the Owner does not file with the Village Clerk the unconditional agreementand consent required herein within 60 days afterthe date-of flnal 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. Section 7. Severabilitv. lf any section, paragraph, clause or provision ofthis Ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this Ordinance. Section 8. Conflict Clause. That all ordinances or parts of ordinances in conflict with the terms of this ordinance shall be repealed to the extent of said conflict. Section 9 Publication This ordinance sha∥ be pub∥shed in book o「 pamphlet fOrn as provided by the l∥inois Municipal Code Section 10. Recordino. This ordinance shall be entered into the minutes and upon joumals of the Board of Trustees of the Village of Oak Brook. APPROVED TH:S28th day of」anuary,2020 負 ´ Gopal G Lalmalani V∥lage President PASSED THiS 28th day of」anuary,2020 Trustee Baar,Cuevas,Manzo,Salyed,Tiesenga,YusufAyes: Nays:None Absent: Charlotte K. Pruss Village Clerk Ordinance 202●ZO‐V‐EXS‐1594 616 Enterplse D“ve‐Valalon PIN: 0624‐305‐008 Page 4 of8 Exhibit A Lega:Description LOT 21N OAK BR00K DEVELOPMENT CO'S ASSESSMENT PLAT NUMBER 4,lN THE SOUTHWEST 1/4 0F SECT10N 24,TOWNSHIP 39 NORTH,RANGE ll EAST OF THE THIRD PR:NCIPAL MERIDIAN, ACCORD:NG TO THE PLAT THEREOF RECORDED AUGUST14,1967 AS DOCUMENT R67-30610,IN DUPAGE COUNTY,lLL:NOIS PIN: 0624‐303008 Commonly known as: 616 Enterprise Drive Oak Brook,|∥inois4 Ord nance 202●ZO‐V‐EX‐S‐1594 616 Enterprise Dlve‐VaHation PIN: 06‐24‐305-008 Page 5 of8 Exhibit B Site plan and Bui:ding E:evations5