S-1626 - 08/10/2021 - VARIATION - OrdinancesTHE VILLAGE OF OAK BROOK
COOK AND DUPAGE COUNTIES, ILLINOIS
ORDINANCE
NUMBER 2021-ZO-V-EX-S-1626
AN ORDINANCE GRANTING A VARIATION FROM
PROVISIONS OF SECTION 13-11-10.C.8 OF TITLE 13
(“ZONING REGULATIONS”) OF THE VILLAGE CODE OF THE
VILLAGE OF OAK BROOK TO ALLOW TWO ADDITIONAL
SIGNS ON THE BUILDING FOR THE PROPERTY LOCATED AT
1205 22ND STREET, OAK BROOK, ILLINOIS
GOPAL G. LALMALANI, Village President
CHARLOTTE K. PRUSS, Village Clerk
LARRY HERMAN
MICHAEL MANZO
JAMES NAGLE
SURESH REDDY
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 13th day of July , 2021
ORDINANCE 2021-ZO-V-EX-S-1626
AN ORDINANCE GRANTING VARIATION FROM PROVISIONS OF
SECTION 13-11-10.C.8 OF TITLE 13 (“ZONING REGULATIONS”)
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
TO ALLOW TWO ADDITIONAL SIGNS ON THE BUILDING
FOR THE PROPERTY LOCATED AT
1205 22nd STREET, OAK BROOK, ILLINOIS
PIN: 06-23-406-020
WHEREAS, the Village of Oak Brook is a municipal corporation organized pursuant to the laws of
the State of Illinois;
WHEREAS, the Village of Oak Brook is authorized by the Illinois Municipal Code, 65 ILCS 5/11-
13-5, to vary its zoning regulations where there are practical difficulties or particular hardship in observing
those regulations for the use, construction, or alteration of buildings or structures or the use of land;
WHEREAS, the property owner has requested a variance from the certain provisions of the Village
of Oak Brook Zoning Ordinance as described herein;
WHEREAS, an application has been filed by McKenna Louise of Modern Signs Inc., on behalf of
Fogo de Chao (“Petitioner”), with the consent of Hines (Oak Brook Commons LLC), (“Owner”), the owner
of the property located at 1205 22nd Street, Oak Brook, Illinois, which is legally described in Exhibit A
attached hereto and incorporated herein (“Property”), requesting variations from Section 13-11-10.C.8 of
the Zoning Ordinance of the Village of Oak Brook, as amended (“Zoning Regulations”), to allow for the
construction of two additional signs (‘Wall Signs”) approximately 46 square foot each, one for the north
façade and one for the west façade, on the existing building on the Property;
WHEREAS, Section 13-11-10.C.8 of the Zoning Regulations limits a building to one wall sign per
street frontage;
WHEREAS, the Petitioner and Owner cannot install the Wall Signs on the Property without first
obtaining approval of variations from Sections 13-11-10.C.8 of the Zoning Regulations to permit and allow
a total of four wall signs in lieu of the two wall signs permitted by Code (“Variation”);
WHEREAS, on June 1, 2021, the Oak Brook Zoning Board of Appeals ("ZBA") conducted a public
hearing on the application for the requested Variations, pursuant to due process and appropriate legal
notice;
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 13-11-
10.C.8 of the Zoning Regulations and, in a letter to the President and Board of Trustees dated July 13,
2021, recommended approval of the Variations subject to certain conditions;
WHEREAS, the Village President and Board of Trustees: i) find that the applicable requirements
of Section 13-11-10.C.8 of the Village Code relating to the granting of variations to the Zoning Regulations
have been met, ii) deem the Variation, as set forth below, to be in the best interests of the Village, and iii)
hereby adopt the ZBA’s findings dated July 13, 2021.
Ordinance 2021-ZO-V-EX-S-1626
1205 22nd Street - Variation PIN:
06-23-406-020
Page 2 of 7
NOW, THEREFORE, BE IT ORDAINED, in open meeting assembled, by the Village President and
Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois as follows:
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 Variations to the
Zoning Regulations as follows:
Variations to Section 13-11-10.C.8 of the Oak Brook Zoning Regulations to permit and allow
two (2) additional wall signs of approximately 46 square feet each on the north and west
building facades for the building located on the Property.
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 design and placement of the proposed signs shall
be constructed in substantial conformance with the plans as submitted and attached hereto
and incorporated herein collectively as Exhibit B.
B.Compliance with Zoning Regulations and Village Code. The Petitioner and 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.Compliance with Applicable Law. In 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.
Section 4. Failure to Comply with Conditions.
A.Upon failure or refusal of the Petitioner or 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.
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 Owner 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 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 consent ("Unconditional Agreement
and Consent") to accept and abide by each and all of the terms, conditions, and limitations
Ordinance 2021-ZO-V-EX-S-1626
1205 22nd Street - Variation PIN:
06-23-406-020
Page 4 of 7
EXHIBIT A
LEGAL DESCRIPTION
Property:
LOT B IN THE FINAL PLAT OF SUBDIVISION OF OAK BROOK COMMONS, BEING A SUBDIVISION OF
PART OF THE SOUTHEAST ¼ OF SECTION 23, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO PLAT THEREOF RECORDED FEBRUARY 5, 2020 AS
DOCUMENT R2020-012533, IN DUPAGE COUNTY, ILLINOIS.
PIN: 06-23-406-020
Ordinance 2021-ZO-V-EX-S-1626
1205 22nd Street - Variation PIN:
06-23-406-020
Page 5 of 7
EXHIBIT B
SITE PLAN
Ordinance 2021-ZO-V-EX-S-1626
1205 22nd Street - Variation PIN:
06-23-406-020
Page 6 of 7
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
WHEREAS, an application has been filed by McKenna Louise of Modern Signs Inc., on behalf of
Fogo de Chao (“Petitioner”), with the consent of Hines (Oak Brook Commons LLC), (“Owner”), the owner
of the property located at 1205 22nd Street, Oak Brook, Illinois, which is legally described in Exhibit 1
attached hereto and incorporated herein (hereinafter referred to as the “Subject Property”), requesting a
Variations from Section 13-11-10.C.8 of the Zoning Ordinance of the Village of Oak Brook, as amended
(“Zoning Regulations”), to allow for the construction of two additional wall signs (‘Wall Sign”) on an existing
building on the Subject Property;
WHEREAS, Ordinance No 2021-ZO-V-EX-S-1626, adopted by the President and Board of
Trustees of the Village of Oak Brook on August 10, 2021 grants approval of the Variation subject to certain
modifications, conditions, restrictions, and provisions; and
WHEREAS, the Ordinance provides, among other things, that the Ordinance will be of no force or
effect unless and until 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 does hereby agree and covenants as follows:
1.The Owner hereby unconditionally agrees to accept, consent to, and abide by all of the terms,
conditions, restrictions, and provisions of the Ordinance.
2.The Owner acknowledges 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 use of the Property, the construction of the New Residence 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 of such parties in connection with the operation and use of the Property, or the Village’s
adoption of the Ordinance.
5.The restrictions imposed by this Unconditional Agreement and Consent shall be restrictions running
with the land and shall be binding upon and inure to the benefit of the Owner and his heirs,
successors, assigns, agents, licensees, lessees, invitees, and representatives, including, without
limitation, all subsequent Owners of the Property, or any portion thereof, and all persons claiming
under him to the extent provided in this Unconditional Agreement and Consent. If any of the
privileges or rights created by this Unconditional Agreement and Consent would otherwise be
unlawful or void for violation of (1) the rule against perpetuities or some analogous statutory
provision, (2) the rule restricting restraints on alienation, or (3) any other statutory or common law
rules imposing time limits, then the affected privilege or right shall continue only until 21 years after
the death of the last survivor of the now living lawful descendants of the current President of the
United States, or for any shorter period that may be required to sustain the validity of the affected
privilege or right.
Ordinance 2021-ZO-V-EX-S-1626
1205 22nd Street - Variation PIN:
06-23-406-020
Page 8 of 7
EXHIBIT 1
TO UNCONDITIONAL AGREEMENT AND CONSENT
LEG AL DESCRIPTION
Property:
LOT B IN THE FINAL PLAT OF SUBDIVISION OF OAK BROOK COMMONS, BEING A SUBDIVISION OF
PART OF THE SOUTHEAST ¼ OF SECTION 23, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO PLAT THEREOF RECORDED FEBRUARY 5, 2020 AS
DOCUMENT R2020-012533, IN DUPAGE COUNTY, ILLINOIS.
PIN: 06-23-406-020