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S-1286 - 04/27/2010 - VARIATION - OrdinancesFRED BUCHOLZ OUPAGE COUNTY RECORDER APR.30,2010 8:21 AM OTHER 06-24-302-002 007 PAGES R2010-055844 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: AN ORDINANCE APPROVING A VARIATION TO ALLOW ADDITIONAL MARKETING SIGNAGE ON THE PROPERTIES COMMONLY KNOWN AS 1800 1802 AND 1806 YORK ROAD IN THE VILLAGE OF OAK BROOK ILLINOIS Property Address/es 1800 1802 AND 1806 York Road In The Village Of Oak Brook,Illinois 60523 If vacant land,so state and list nearest cross streets) PIN No(s). 06-24-303-002 06-24-303-009 and 06-24-303-011 Name and Address of Applicant: York Road Development Partners LLC 2610 Lake Cook Road Suite 150 Riverwoods IL 60015 Name and Address of Responsible: Rob Oldenburg York Road Development Partners, LLC, 2610 Lake Cook Road Suite 150 Riverwoods IL 60015 Party to Receive Copy of Same as above Recorded Document and Billing 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 N/A of Consideration (when applicable): G/L Account to be charged: STATE OF ILLINOIS SS. COUNTIES OF COOK AND DUPAGE ) 1, 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 April 27, 2010 , the corporate authorities of the above municipality passed and approved: ORDINANCE 2010-ZO-V-EX1-S-1286 AN ORDINANCE GRANTING A VARIATION TO ALLOW ADDITIONAL MARKETING SIGNAGE ON THE PROPERTIES LOCATED AT 1800, 1802 AND 1806 YORK ROAD PIN: 06-24-303-002, 06-24-303-009 and 06-24-303-011) 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 29th day of April 12010 Charlotte K. Pruss Village Clerk x Village of Oak Brook DuPage and Cook Counties, Illinois ORDINANCE 2010- ZO- V -EX1 -S -1286 AN ORDINANCE GRANTING A VARIATION TO ALLOW ADDITIONAL MARKETING SIGNAGE ON THE PROPERTIES LOCATED AT 1800, 1802 AND 1806 YORK ROAD PIN: 06-24-303-002, 06 -24- 303 -009 and 06 -24- 303 -011) WHEREAS, an application has been filed by York Road Development Partners, Inc. ( "Petitioner") requesting a variation to Section 11 -7A.5 of the Zoning Ordinance to allow additional marketing signage on the properties located at 1800, 1802 and 1806 York Road (the "Property "); and WHEREAS, on March 2, 2010, the Zoning Board of Appeals conducted a public hearing on the request for the variation, pursuant to due and appropriate legal notice, and recommended approval of the variation subject to certain conditions; and WHEREAS, the Zoning Board of Appeals found that the Petitioner satisfactorily addressed the factors required for approval of the requested variation and made specific findings, including that the variation will not endanger the public health, safety and welfare, and that there will be no substantial injury to other property in the neighborhood; and WHEREAS, the President and Board of Trustees have reviewed the recommendation of the Zoning Board of Appeals 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: The foregoing preambles are restated and incorporated herein by reference as though fully set forth herein. Section 2: The Petitioner is hereby granted a variation to allow two (2) additional 8 foot by 16 foot temporary marketing signs to be located 5 feet from the west and south property line of the Property subject to the following conditions: A. The development shall be in substantial conformance with the plans as submitted. B. The temporary signs allowed by this ordinance shall expire one year from the date that the signs described herein are posted on the Property unless extended in duration by an additional term of up to one year in accordance with the procedures set forth in the Sign Regulations. C. The variation is contingent upon the installation of appropriate landscaping to be around the base of the signs. The signs and landscaping are to be maintained as required in accordance with the Village Code. D. The Petitioner shall meet all Village Code requirements existing as of the time that the building permit application is submitted to the Village except as specifically varied or waived by this ordinance. Section 3: The variation and the scope of this ordinance are limited and restricted to the Property, which is legally described on Exhibit 1 attached hereto and incorporated herein by reference: Permanent Index Numbers: 06 -24- 303 -002, 06 -24- 303 -009 and 06 -24- 303 -011 Ordinance 2010- ZO- V -EX1 -S -1286 1800, 1802 and 1806 York Road Variation Temporary Marketing Signs Page 3 of 5 EXHIBIT "1" LEGAL DESCRIPTION Address: 1800 York Road, Oak Brook, Illinois 60426 PIN: 06 -24- 303 -002 PARCEL 1: THE NORTH 65 FEET OF THE EAST 428.8 FEET OF LOT 1 IN HOEHN'S ASSESSMENT PLAT, OF PART OF THE SOUTHWEST 1/4 OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPT THAT PART OF THE NORTH 65 FEET OF THE EAST 428.8 FEET OF SAID LOT 1, WHICH LIES EASTERLY OF A STRAIGHT LINE DRAWN FROM A POINT IN THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 70.0 FEET WEST OF THE NORTHEAST CORNER THEREOF, TO A POINT IN THE SOUTH LINE OF THE NORTH 65 FEET OF THE EAST 428.8 FEET OF SAID LOT 1, A DISTANCE OF 67.36 FEET WEST OF THE SOUTHEAST CORNER THEREOF), AND (EXCEPT THAT PART OF THE NORTH 65 FEET OF THE EAST 428.8 FEET OF SAID LOT 1, WHICH LIES WESTERLY OF A STRAIGHT LINE DRAWN FROM A POINT IN THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 175.98 FEET EAST OF THE NORTHWEST CORNER THEREOF, TO A POINT IN THE SOUTH LINE OF THE NORTH 65 FEET OF THE EAST 428.8 FEET OF SAID LOT 1, A DISTANCE OF 119.61 FEET EAST OF THE SOUTHWEST CORNER THEREOF), AND (EXCEPT THAT PART OF THE NORTH 65 FEET OF THE EAST 428.8 FEET OF SAID LOT 1, LYING BETWEEN A LINE JOINING A POINT IN THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 70.0 FEET WEST OF THE NORTHEAST CORNER, WITH A POINT IN THE SOUTH LINE OF SAID NORTH 65 FEET OF THE EAST 428.8 FEET OF SAID LOT 1, A DISTANCE OF 67.36 FEET WEST OF THE SOUTHEAST CORNER THEREOF, AND A LINE PARALLEL TO, AND 15.00 FEET WEST OF THE AFORESAID LINE, AND ALL GRANTORS' INTEREST IN AND TO THAT PART OF YORK ROAD ABUTTING ON SAID PROPERTY), ACCORDING TO THE PLAT THEREOF RECORDED MARCH 19, 1947 AS DOCUMENT 517542, IN DUPAGE COUNTY, ILLINOIS. PARCEL2: THAT PART OF THE NORTH 65 FEET OF THE EAST 428.8 FEET OF LOT 1 OF HOEHNE'S ASSESSMENT PLAT OF PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS; LYING BETWEEN A LINE ADJOINING A POINT IN THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 70.0 FEET WEST OF THE NORTHEAST CORNER, WITH A POINT IN THE SOUTH LINE OF SAID NORTH 65 FEET OF THE EAST 428.8 FEET OF SAID LOT 1, A DISTANCE OF 67.36 FEET WEST OF THE SOUTHEAST CORNER THEREOF, AND A LINE PARALLEL TO AND 15.00 FEET WEST OF THE AFORESAID LINE, AND ALL GRANTORS' INTEREST IN AND TO THAT PART OF YORK ROAD ABUTTING ON SAID PROPERTY: IN DUPAGE COUNTY. ILLINOIS. Address: 1802 York Road, Oak Brook, Illinois 60426 PIN: 06 -24- 303 -009 PARCEL 1: THE SOUTH 65 FEET OF THE NORTH 130 FEET OF THE EAST 428.8 FEET OF LOT 1 IN HOEHNE'S ASSESSMENT PLAT OF PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THAT PART OF THE SOUTH 65 FEET OF THE NORTH 130 FEET OF THE EAST 428.8 FEET OF SAID LOT 1 WHICH LIES EASTERLY OF A STRAIGHT LINE DRAWN FROM A POINT IN THE NORTH LINE OF THE SOUTH 65 FEET OF THE NORTH 130 FEET OF THE EAST 428.8 FEET OF SAID LOT 1, DISTANT 67.36 FEET WEST OF THE NORTHEAST CORNER THEREOF, TO A POINT IN THE SOUTH LINE OF THE SOUTH 65 FEET OF THE NORTH 130 FEET OF THE EAST 428.8 FEET OF SAID LOT 1, DISTANT 64.72 FEET, MORE OR LESS, WEST OF THE SOUTHEAST CORNER THEREOF) AND (EXCEPT THAT Ordinance 2009- ZO- MA -EXI -8 -1274 1800, 1802 and 1806 York Road Map Amendment RJ to 0-4 Page 4 of 5 PART OF THE SOUTH 65 FEET OF THE NORTH 130 FEET OF THE EAST 428.8 FEET OF SAID LOT 1 WHICH LIES WESTERLY OF A STRAIGHT LINE DRAWN FROM A POINT IN THE NORTH LINE OF THE SOUTH 65 FEET OF THE NORTH 130 FEET OF THE EAST 428.8 FEET OF SAID LOT 1, DISTANT 119.61 FEET EAST OF THE NORTHWEST CORNER TO A POINT IN THE SOUTH LINE OF THE SOUTH 65 FEET OF THE NORTH 130 FEET OF THE EAST 428.8 FEET OF SAID LOT 1, DISTANT 63.24 FEET, MORE OR LESS, EAST OF THE SOUTHWEST CORNER THEREOF) ACCORDING TO THE PLAT THEREOF RECORDED MARCH 19, 1947 AS DOCUMENT NUMBER 517542 IN DUPAGE COUNTY, ILLINOIS. PARCEL 2: THE SOUTH 5 FEET OF THE NORTH 135 FEET OF THE EAST 428.8 FEET OF LOT 1 IN HOEHNE'S ASSESSMENT PLAT OF PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 39, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THAT PART THEREOF LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER THAT IS 252.52 FEET WEST, AS MEASURED ALONG SAID NORTH LINE OF THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER AND IN THE ESTABLISHED SOUTHEASTERLY RIGHT OF WAY LINE OF FEDERAL AID ROUTE 131; THENCE SOUTHWESTERLY, ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE WHICH FORMS AN ANGLE OF 49 DEGREES 10 MINUTES 30 SECONDS (IN THE SOUTHWEST QUADRANT), 979.86 FEET TO A POINT IN THE EASTERLY LINE OF THE TORODE ESTATE AND THE TERMINATION POINT OF SAID LINE ALSO EXCEPT THAT PART THEREOF LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER THAT IS 70 FEET WEST, AS MEASURED ALONG SAID NORTH LINE OF THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTHERLY 295.82 FEET, MORE OR LESS, TO A POINT ON THE NORTH LINE OF THE SCHOOL LOT THAT IS 58 FEET WEST OF THE EAST LINE OF SAID SOUTHWEST QUARTER AND THE TERMINATION POINT OF SAID LINE) ACCORDING TO THE PLAT RECORDED MARCH 19, 1947 AS DOCUMENT NUMBER 517542, IN DUPAGE COUNTY, ILLINOIS. Address: 1806 York Road, Oak Brook, Illinois 60426 PIN: 06 -24- 303 -011 PARCEL 1: THAT PART OF LOT 1 IN HOEHNE'S ASSESSMENT PLAT OF PART OF THE SOUTHWEST % OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 19, 1947 AS DOCUMENT 517542, DESCRIBED BY COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1 AND RUNNING THENCE SOUTH ON SAID EAST LINE, 135.0 FEET; THENCE CONTINUING SOUTH ON SAID EAST LINE, 160.87 FEET TO THE NORTHEAST CORNER OF SCHOOL LOT; THENCE WEST ON THE NORTH LINE OF SCHOOL LOT, 58.0 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND CONVEYED TO OAK PARK NATIONAL BANK BY DEED RECORDED AS DOCUMENT 782579 FOR A POINT OF BEGINNING; THENCE CONTINUING WEST ON SAID NORTH LINE OF SCHOOL LOT, 74.0 FEET TO THE NORTHWEST CORNER OF SAID SCHOOL LOT; THENCE SOUTH ON THE WEST LINE OF SAID SCHOOL LOT, 65.0 FEET TO THE NORTH LINE OF PROPERTY CONVEYED TO THE ILLINOIS STATE TOOL ROAD COMMISSION BY WARRANTY DEED RECORDED SEPTEMBER 26, 1957 AS DOCUMENT 857785, THENCE WESTERLY ON SAID NORTH LINE, 361.32 FEET TO ITS INTERSECTION WITH THE EAST LINE OF A SECOND TRACT OF LAND CONVEYED TO THE OAK PARK NATIONAL BANK BY SAID DEED RECORDED AS DOCUMENT 792579; THENCE NORTHEASTERLY ON SAID EAST LINE, 168.37 FEET TO THE POINT OF INTERSECTION OF SAID EAST LINE WITH THE SOUTH LINE OF THE NORTH 135.0 FEET OF SAID LOT 1; THENCE EASTERLY ON SAID SOUTH LINE OF THE NORTH 135.0 FEET, AS DISTANCE OF 305.38 FEET TO THE NORTHWEST CORNER OF SAID FIRST TRACT OF LAND, SAID POINT BEING 64.5 FEET WEST OF THE EAST LINE OF SAID LOT1; THENCE SOUTH OF THE WEST LINE OF SAID FIRST TRACT OF LAND, 160.86 FEET TO THE POINT OF BEGINNING, IN DU PAGE COUNTY, ILLINOIS. Ordinance 2009- ZO- MA-EXIS -1274 1800, 1802 and 1806 York Road Map Amendment R -3 to 0.4 Page 5 of 5 PARCEL2: THAT PART OF THE SOUTHWEST % OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED BY COMMENCING AT THE NORTHEAST CORNER OF LOT 1 OF HOEHNE'S ASSESSMENT PLAT OF SAID SOUTHWEST %, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 19, 1947 AS DOCUMENT 517542; RUNNING THENCE SOUTH ON THE EAST LINE OF SAID LOT 1, (BEING ALSO THE EAST LINE OF SAID QUARTER SECTION) 135.0 FEET; THENCE CONTINUING SOUTH ON SAID EAST LINE, 160.87 FEET TO THE NORTHEAST CORNER OF SCHOOL LOT; THENCE WEST ON THE NORTH LINE OF SCHOOL LOT 58.0 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND CONVEYED TO THE OAK PARK NATIONAL BANK BY DEED RECORDED AS DOCUMENT 782579; THENCE CONTINUING WEST ON SAID NORTH LINE OF SAID SCHOOL LOT, 74.0 FEET TO THE NORTHWEST CORNER OF SAID SCHOOL LOT, FOR A POINT OF BEGINNING; RUNNING THENCE SOUTH ALONG THE WEST LINE OF SAID SCHOOL LOT, 65.0 FEET TO THE NORTH LINE OF PROPERTY CONVEYED TO THE ILLINOIS STATE TOLL ROAD COMMISSION BY WARRANTY DEED RECORDED SEPTEMBER 26, 1957 AS DOCUMENT 857785; THENCE SOUTHEASTERLY ALONG SAID NORTH LINE OF SAID TOLL COMMISSION PROPERTY, 66.14 FEET TO A POINT 94.95 FEET SOUTH OF THE NORTH LINE OF SAID SCHOOL LOT; THENCE NORTH 94.95 FEET TO SAID NORTH LINE OF SAID SCHOOL LOT; THENCE WEST ALONG THE NORTH LINE OF SAID SCHOOL LOT, 59.0 FEET TO THE POINT OF BEGINNING, IN DU PAGE COUNTY, ILLINOIS. Ordinance 2010- ZO- V- EX1- S-1286 1800, 1802 and 1806 York Road Variation Temporary Marketing Signs Page 2 of 5 Section 4: 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 5: All ordinances or parts thereof in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Section 6: This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law, APPROVED THIS 27th day of April, 2010. W. Craig e President PASSED THIS 27"' day of April, 2010 Trustees Aktipis, Moy, Saiyed, Wolin and Zannis None Trustee Carson ATTEST: Charlotte K. Pruss Village Clerk