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S-1661 - 10/11/2022 - VARIATION - Ordinances... [ly6y06 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, IL 60523-2255 RECORDED DOCUMENT TITLE PAGE Property Address/es 177522 ND Street, Oak Brook, Illinois 60523 If vacant land, so state and list nearest cross streets) PIN No(s). 06-27-200-013 Name and Address of Applicant: Modern Signs Attn: McKenna Louise 1727 Armitage Ct Addison IL 60101 Name and Address of Responsible for Billing: SEE ABOVE Modern Signs Party to Receive Copy of Recorded Document and send copy GW Properties 2211 N. Elston Ave Suite 400 Chicago IL 60614 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: THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS ORDINANCE NUMBER 2022-ZO-V-EX-S-1661 AN ORDINANCE GRANTING VARIATION FROM PROVISIONS OF SECTION 13-11-8.0 OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO THE ALLOWANCE OF AN ADDITIONAL WALL SIGN ON THE BUILDING FOR THE PROPERTY LOCATED AT 1775 22nd STREET, 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 11th day of October, 2022 ORDINANCE 2022-ZO-V-EX-S-1661 AN ORDINANCE GRANTING VARIATION FROM PROVISIONS OF SECTION 13-11-8.0 OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO THE ALLOWANCE OF AN ADDITIONAL WALL SIGN FOR THE PROPERTY LOCATED AT 1775 22ND STREET IN THE VILLAGE OF OAK BROOK, ILLINOIS PINS: 06-27-200-013 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 certain provisions of the Village of Oak Brook Zoning Ordinance as described herein; WHEREAS, Modern Signs (the "Applicant"), on behalf of Lazy Dog (the "Business'9, with the support of the property owner GW Properties (hereinafter referred to as the "Owned'), of the property located at 1775 22nd Street, Oak Brook, Illinois, which is legally described in Exhibit A attached hereto and incorporated herein (hereinafter referred to as the "Subject Property'l and located in the B-3 Zoning District, has submitted an application requesting a Variation from Section 13-11-8.0 of the Zoning Ordinance of the Village of Oak Brook, as amended, to permit one additional wall sign (hereinafter referred to as the "Variation") for the Business located on the Subject Property; WHEREAS, the Village of Oak Brook Zoning Board of Appeals on September 6, 2022 held a public hearing to consider the petitioner's request and to hear testimony on the proposal and as a result of said hearing the Village of Oak Brook Zoning Board of Appeals issued a positive recommendation in this matter to permit and allow one additional wall sign on the Subject Property all pursuant to proper notice and in compliance with the laws of the State of Illinois and ordinances of the Village of Oak Brook; WHEREAS, the Village of Oak Brook Zoning Board of Appeals found the request to be reasonable in that the requested variation is appropriate under the standards adopted by the Village of Oak Brook in its Zoning Ordinance applicable to zoning variances and made positive findings of fact in support of said variance; WHEREAS, the Zoning Board of Appeals recommends approval of the petitioner's request by the Board of Trustees of the Village of Oak Brook; WHEREAS, the corporate authorities of the Village of Oak Brook find that the granting of the requested variance has no detrimental impact on the health, welfare or safety of the public in general and finds that the petitioner has met his burden in demonstrating the grounds for the requested variation; and WHEREAS, the corporate authorities of the Village of Oak Brook find that the petitioner has demonstrated practical difficulties or particular hardship in the application of the Zoning Regulations. ORD 2022-ZO-V-EX-S-1661 1775 22nd Street — Variation PIN: 06-27-200-013 Page 2 of S 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 (hereinafter the "Corporate Authorities'9 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 in Section 3 of this Ordinance, the Village Board of Trustees shall, and does hereby, approve a Variation to the Zoning Regulations as follows: Variation to Section 13-11-8.0 of the Oak Brook Zoning Regulations permit and allow one additional wall sign for the Business on the property commonly referred to as 1775 22nd Street, Oak Brook, Illinois as provided for herein. 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 proposed wall sign(s) shall be constructed in substantial conformance with the site plan and building plan as submitted and attached hereto and incorporated herein as Exhibit B. For purposes of clarity and the avoidance of doubt, the wall signs depicted and labeled in the attached Exhibit B that were approved as -of -right by Village Code include sign 'A-2' and 'B'; and the additional wall sign being approved in connection to Applicant's request is sign 'C' facing 22nd Street. 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; and 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 local laws, statutes, ordinances, resolutions, rules, codes, and regulations. Section 4. Failure to Comply 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. 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. ORD 2022-ZO-V-EX-S-1661 1775 22"d Street - Variation PIN: 06-27-200-013 Page 3 of 8 Section 7. Effective Date. This ordinance shall be in full force and effect from and after: A. 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 S. 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 Illinois 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 THIS 11 1h day of October, 2022 Gopal G. Lalmalani Village President PASSED THIS 11'h day of October, 2022. Trustees Herman, Manzo, Nagle, Reddy, Yusuf None Trustee Tiesenga ATTEST: A w `� � �/vow Charlotte K. Pruss Village Clerk ORD 2022-ZO-V-EX-S-1661 1775 22"d Street — Variation PIN: 06-27-200-013 Page 4 of 8 EXHIBIT A LEGAL DESCRIPTION Property: 1775 22nd Street, Oak Brook, Illinois LOT 2, THE OVERLOOK AT OAK BROOK SUBDIVISION BEING A PART OF SECTION 27, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE 3RD PRINCIPAL MERIDIAN, VILLAGE OF OAK BROOK, COUNTY OF DUPAGE, STATE OF ILLINOIS PIN: 06-27-200-013 ORD 2022-ZO-V-EX-S-1661 1775 22"" Street — Variation PIN: 06-27-200-013 Page 5 of 8 EXHIBIT B SIGN PLAN 0-9 I II II A II s I II II � I I I II I II 1 I� I II a i II II I 1 I I u n 1 Irl n 1 1 I Ili 1 I 1 III I O i II 1 I II I;1 11111 1 I 111 n II 1 III I I II I II 1 lµ I 1 111 11 1 II 1it II I I j I 111 1 111 I I 111 1 111 1 11 I II11 III III I I 111 l 1 I I II I I I li I 00 �3m r y. o Vi Vry � O 3e C n 0 � o e _ £ •_ _ -. v ❑ ❑ ❑ 0-9 I II II A II s I II II � I I I II I II 1 I� I II a i II II I 1 I I u n 1 Irl n 1 1 I Ili 1 I 1 III I O i II 1 I II I;1 11111 1 I 111 n II 1 III I I II I II 1 lµ I 1 111 11 1 II 1it II I I j I 111 1 111 I I 111 1 111 1 11 I II11 III III I I 111 l 1 I I II I I I li I Z_ r F o° 0 0 0 _ W ' U uv.e Z 3 a z Q s a 0 WK), V O m e u n 0 --------- -- --------- - OL.i: willillilli Q i �w I I I S I W I N I Q � a ou ISN Ntl0.0 -.b 'I v o m < 0 ® Q i �w I I I S I W I N I Q � a ou ISN Ntl0.0 -.b 'I s `=`e a a 1 ` W J. -.V6 -d 1..DL " ..RDI .. a w is p Hvo.9-.6 a i s s `=`e a a 1 ` W J. -.V6 -d 1..DL " ..RDI .. a w is p Hvo.9-.6 I A 91 F1 El El El ./1 "��.SP HVO A5 -d �M a i a =a � 00 V O m ® V ° N °o 3 � I A 91 F1 El El El ./1 "��.SP HVO A5 -d �M ORD 2022-ZO-V-EX-S-1661 1775 22"d Street — Variation PIN: 06-27-200-013 Page 6 of 8 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT WHEREAS, Modern Signs (the "Applicant"), on behalf of Lazy Dog (the "Business'l, with the support of the property owner GW Properties (hereinafter referred to as the "Owner"), of the property located at 1775 22nd Street, Oak Brook, Illinois, which is legally described in Exhibit 1 attached hereto and incorporated herein (hereinafter referred to as the "Subject Property'l and located in the B-3 Zoning District, has submitted an application requesting a Variation from Section 13-11-8.0 of the Zoning Ordinance of the Village of Oak Brook, as amended, to permit one additional wall sign (hereinafter referred to as the "Variation') for the Business located on the Subject Property; WHEREAS, Ordinance No 2022-ZO-V-EX-S-1661 adopted by the President and Board of Trustees of the Village of Oak Brook on October 11, 2022 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: (1) 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 ORD 2022-ZO-V-EX-S-1661 1775 22" Street— Variation PIN: 06-27-200-013 Page 7 of 8 United States, or for any shorter period that may be required to sustain the validity of the affected privilege or right. 6. This Unconditional Agreement and Consent may not be amended, modified, released or annulled except upon the express, prior written approval of the Village of Oak Brook. IN WITNESS WHEREOF, g&A t10 , authorized signatory for GW Properties, owner of the subject Property, executed this Unconditional Agreement and Consent on this / h day of NOV , 2022. .b 41AAME], GVV Properties State of Illinois ) Co`tyof� �� �,)j I, r' `� I.6AIX U- Y a Notary Public in and for the County and State aforesaid do hereby certify that the Owner, personally known to me, and that he appeared before me this �!t"ay of �nVe V— , 2022, and acknowledged that he personally executed this instrument. CHRIGTME LEAHY Seal NOTARYMM. STATE OFNLWS MMCG1NMBMIQIEVMMiS:05011A 46 rL4�0 a� No aryublic ORD 2022-ZO-V-EX-S-1661 1775 22"d Street — Variation PIN: 06-27-200-013 Page 8 of 8 EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT LEGAL DESCRIPTION Property: 1775 22ntl Street, Oak Brook, Illinois LOT 2, THE OVERLOOK AT OAK BROOK SUBDIVISION BEING A PART OF SECTION 27, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE 3RD PRINCIPAL MERIDIAN, VILLAGE OF OAK BROOK, COUNTY OF DUPAGE, STATE OF ILLINOIS PIN: 06-27-200-013