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S-1651 - 05/10/2022 - VARIATION - Ordinances THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS ORDINANCE NUMBER 2022-ZO-V-EX-S-1651 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 ONE ADDITIONAL SIGN ON THE BUILDING FOR THE PROPERTY LOCATED AT 2122 YORK ROAD, OAK BROOK, ILLINOIS GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk LAURENCE HERMAN MICHAEL MANZO JAMES NAGLE A. 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 10th day of May, 2022 ORDINANCE 2022-ZO-V-EX-S-1651 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 ONE ADDITIONAL SIGN ON THE BUILDING FOR THE PROPERTY LOCATED AT 2122 YORK ROAD, OAK BROOK, ILLINOIS PIN: 06-24-308-015 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 BEAR Construction, on behalf of Oak Point University (“Petitioner”), with the consent of MBRE, (“Owner”), the owner of the property located at 2122 York Road, 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 one additional sign (‘Wall Sign”) approximately 40 square feet, on the south building 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 proposed Wall Sign on the Property without first obtaining approval of a variation from Sections 13-11-10.C.8 of the Zoning Regulations to allow for a total of three wall signs in lieu of the two currently permitted by the Village Code on the Property due to the building’s frontage on both 22nd Street and York Road (“Variation”); WHEREAS, on April 5, 2022, 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; 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 April 26, 2022, 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 April 5, 2022. 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 a Variations to the Zoning Regulations as follows: Variation to Section 13-11-10C.8 of the Oak Brook Zoning Regulations to permit and allow one (1) additional wall sign of approximately 40 square feet south building facade 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, Ordinances, 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 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. In the event that the Owner does not file with the Village Clerk the unconditional agreement and consent required herein within 60 days after the date of final 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 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 shall be published in book or pamphlet form as provided by the lllinois Municipal Code. Section 10. Recording, This ordinance shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook. APPROVED ttHIS 10th day of May 2022. Gopal G. Lalmalani Village President PASSED ttH:S10th day of May 2022 丁rustees Herman,Manzo,Nagle,Reddy,丁 iesen9a,YusufAyes: Nays: None Absent:None 齢 A丁 丁ES丁:Charlotte K,Pruss Vi!lage Clerk EXHIBIT A LEGAL DESCRIPTION Property: LOT 2 IN CLEARWATER RESUBDIVISION, BEING IN PART OF THE SOUTHWEST ¼ OF SECTION 24. TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 22, 2016 AS DOCUMENT R2016-102540, IN DUPAGE COUNTY, ILLINOIS. PIN: 06-24-308-015 EXHIBIT B SITE PLAN Signature states that above proof is accepted and client is authorizing to produce the specified. Signature Date © 2021 Custom Sign Consultants, Inc. All rights reserved Custom Sign Consultants, Inc. reserves all rights of reproduction and all copyrights in designs, materials and data on these pages, created by Custom Sign Consultants, Inc. as well as the preliminary design and any incidental works made therefrom. All rights reserved. All drawings, materials, data or information developed or provided by Custom Sign Consultants, Inc. are and will remain the sole and exclusive property of Custom Sign Consultants, Inc. and its Affiliates. Unauthorized copying, reverse engineering, decompiling and creating derivative works are expressly forbidden. No part of the content may be otherwise or subsequently reproduced, downloaded, disseminated, published, or transferred, in any form or by any means, except with the prior written permission of and with express attribution to Custom Sign Consultants, Inc.. Copyright infringement is a violation of federal law subject to criminal and civil penalties. 3915 West Armitage Ave, Chicago, IL 60647 312-533-2302 Designed Exclusively For GC / PM File Name File Path Date Revision Date UNLESS SPECIFIED Projects will get one (1) proof at no charge. Additional proofs are billed based on complexity of design. Oak Point University A south wall letters.pdf Graphic Drive - Bidding Jobs\Oak Point University\ 7-29-2021 . SOUTH ELEVATION CURRENT PHOTO PROPOSED SIGNAGE DAY VIEW NIGHT VIEW Signature states that above proof is accepted and client is authorizing to produce the specified. Signature Date © 2021 Custom Sign Consultants, Inc. All rights reserved Custom Sign Consultants, Inc. reserves all rights of reproduction and all copyrights in designs, materials and data on these pages, created by Custom Sign Consultants, Inc. as well as the preliminary design and any incidental works made therefrom. All rights reserved. All drawings, materials, data or information developed or provided by Custom Sign Consultants, Inc. are and will remain the sole and exclusive property of Custom Sign Consultants, Inc. and its Affiliates. Unauthorized copying, reverse engineering, decompiling and creating derivative works are expressly forbidden. No part of the content may be otherwise or subsequently reproduced, downloaded, disseminated, published, or transferred, in any form or by any means, except with the prior written permission of and with express attribution to Custom Sign Consultants, Inc.. Copyright infringement is a violation of federal law subject to criminal and civil penalties. 3915 West Armitage Ave, Chicago, IL 60647 312-533-2302 Designed Exclusively For GC / PM File Name File Path Date Revision Date UNLESS SPECIFIED Projects will get one (1) proof at no charge. Additional proofs are billed based on complexity of design. Oak Point University A south wall letters.pdf Graphic Drive - Bidding Jobs\Oak Point University\ 7-29-2021 . SOUTH ELEVATION Area to be blocked off Sign Location C- South Wall Sign Canopy Sign West Wall Letters Sign Athletico Sign Signature states that above proof is accepted and client is authorizing to produce the specified. Signature Date © 2021 Custom Sign Consultants, Inc. All rights reserved Custom Sign Consultants, Inc. reserves all rights of reproduction and all copyrights in designs, materials and data on these pages, created by Custom Sign Consultants, Inc. as well as the preliminary design and any incidental works made therefrom. All rights reserved. All drawings, materials, data or information developed or provided by Custom Sign Consultants, Inc. are and will remain the sole and exclusive property of Custom Sign Consultants, Inc. and its Affiliates. Unauthorized copying, reverse engineering, decompiling and creating derivative works are expressly forbidden. No part of the content may be otherwise or subsequently reproduced, downloaded, disseminated, published, or transferred, in any form or by any means, except with the prior written permission of and with express attribution to Custom Sign Consultants, Inc.. Copyright infringement is a violation of federal law subject to criminal and civil penalties. 3915 West Armitage Ave, Chicago, IL 60647 312-533-2302 Designed Exclusively For GC / PM File Name File Path Date Revision Date UNLESS SPECIFIED Projects will get one (1) proof at no charge. Additional proofs are billed based on complexity of design. Oak Point University A south wall letters.pdf Graphic Drive - Bidding Jobs\Oak Point University\ 1-13-2022 . 17.92”14.00” 323.17” CHANNEL LETTERS Illumination Type- Halo with white LED’s Material- Stainless Steel Finish- Painted 2 colors Mount- Stud with Projection 2 22 25 553369 335” wide SOUTH ELEVATION HALO LIT CHANNEL LETTER 3" Aluminium Return (.040) Wall Power Supply (12V~277 VAC) LED Strip 1/4" Drain Hole Primary electrical source Diffuser EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT LEGAL DESCRIPTION Property: LOT 2 IN CLEARWATER RESUBDIVISION, BEING IN PART OF THE SOUTHWEST ¼ OF SECTION 24. TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 22, 2016 AS DOCUMENT R2016-102540, IN DUPAGE COUNTY, ILLINOIS. PIN: 06-24-308-015