S-1666 - 03/14/2023 - VARIATION - OrdinancesII Il�llll��l-uII ,4lollIII
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KATHLEEN V. CARRIER, RECORDER
DUPAGE COUNTY ILLINOIS
04/07/2023 09:29 AM
DOCUMENT # R2023-020714
(Above Space For Recorder's Office Only)
C VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, IL 60523-2255
RECORDED DOCUMENT TITLE PAGE
Property Address/es 1600 16TH Street, Oak Brook, Illinois 60523
If vacant land, so state and list nearest cross streets)
PIN No(s). 06-22-205-028
Name and Address of Applicant: Rick Williams — United Realty
1600 161^ Street Suite 7
Oak Brook, IL 60523
Name and Address of Responsible for Billing: Win Group Attn: Peter DiCianni
Party to Receive Copy of
Recorded Document and send copy Rick Williams
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:
1�
THE VILLAGE OF OAK BROOK
COOK AND DUPAGE COUNTIES, ILLINOIS
ORDINANCE
2023-ZO-V-EX-S-1666
AN ORDINANCE
GRANTING VARIATION FROM PROVISIONS OF SECTION 13-
11-8.D.2 OF TITLE 13 ("ZONING REGULATIONS") OF THE
VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE
TO THE ALLOWANCE OF A WALL SIGN THAT EXCEEDS THE
MAXIMUM SIZE PERMITTED BY VILLAGE CODE FOR THE
PROPERTY LOCATED AT 1600 16th STREET IN 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 14thday of March, 2023
ORD 2023-ZO-V-EX-S-1666
1600 16'" Street— Variation
PIN: 06-22-205-028
Page 2 of 9
ORDINANCE 2023-ZO-V-EX-S-1666
AN ORDINANCE
GRANTING VARIATION FROM PROVISIONS OF SECTION 13-11-8.D.2 OF TITLE 13 ("ZONING
REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATIVE TO THE
ALLOWANCE OF A WALL SIGN THAT EXCEEDS THE MAXIMUM SIZE PERMITTED BY VILLAGE
CODE FOR THE PROPERTY LOCATED AT 1600 16th STREET IN OAK BROOK ILLINOIS
PINS: 06-22-205-028
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, Rick Williams on behalf of United Real Estate Chicago (the "Applicant'), with the
support of the property owner Newport Capital Partners (hereinafter referred to as the "Owner"), of the
property located at 1600 16th Street, Oak Brook, Illinois, which is legally described in Exhibit A attached
hereto and incorporated herein (hereinafter referred to as the "Subject Property') and located in the B-1
Zoning District, has submitted an application requesting a Variation from Section 13-11-8.D2.d of the Zoning
Ordinance of the Village of Oak Brook, as amended, to permit a wall sign that exceeds the maximum size
permitted by Village Code (hereinafter referred to as the "Variation') for the Business located on the
Subject Property;
WHEREAS, Section 13-11-8.D.2.d. of the Zoning Ordinance limits the size of the wall sign to two
hundred forty (240) square feet per sign, or not to exceed covering more than five percent (5%) of the wall
to which it is affixed, whichever in less;
WHEREAS, the Village of Oak Brook Zoning Board of Appeals on February 7, 2023 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 the subject wall sign to exceed the maximum size permitted 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
ORD 2023-ZO-V-EX-S-1666
1600 16" Street— Variation
PIN: 06-22-205-028
Page 3 of 9
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.
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'l 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.D.2.d of the Oak Brook Zoning Regulations permit and allow a
wall sign 50.67 square feet in area for the Business on the property commonly referred to as
1600 161h Street, Oak Brook, Illinois in lieu of the 20.4 square foot maximum that is otherwise
permitted, 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 shall be constructed in
substantial conformance with the plans as submitted and attached hereto and incorporated
herein 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; 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.
Section 7. Effective Date. This ordinance shall be in full force and effect from and after:
ORD 2023-ZO-V-EX-S-1666
1600 16" Street— Variation
PIN: 06-22-205-028
Page 4 of 9
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 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 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 14m day of March, 2023.
Gopal G. Lalmalani
Village President
PASSED THIS 141h day of March, 2023.
Trustees Herman, Manzo , Reddy, Tiesenga, Yusuf
None
Absent: Trustee Nagle
Charlotte
K. Pruss
Village Clerk
✓ Wd-
ORD 2023-ZO-V-EX-S-1666
1600 16'" Street — Variation
PIN: 06-22-205-028
Page 5 of
EXHIBIT A
LEGAL DESCRIPTION
Property: 1600 16TH Street, Oak Brook, Illinois
LOT I IN THE VANTAGE PROPERTIES RESUBDIVISION, BEING A RESUBDIVISION OF
LOTS 13 THROUGH 17 AND 19 THROUGH 28 AND PARTS OF LOT 18 IN BLOCK 1 IN
TOWN DEVELOPMENT COMPANY'S ELMHURST COUNTRYSIDE UNIT NUMBER
ONE, BEING A SUBDIVISION OF THE PART OF THE NORTHEAST '/a OF SECTION 22,
TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPLE MERIDIAN,
ACCORDING TO THE PLAT OF SAID VANTAGE PROPERTIES RESUBDIVISION
RECORDED OCTOBER 29, 1987 AS DOCUMENT R87-156766, IN DUPAGE COUNTY,
ILLINOIS.
PIN: 06-22-205-028
ORD 2023-ZO-V-EX-S-1666
1600 16t1 Street — Variation
PIN: 06-22-205-028
Page 6 of 9
EXHIBIT B
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ORD 2023-ZO-V-EX-S-1666
1600 16" Street —Variation
PIN: 06-22-205-028
Page 7 of 9
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
WHEREAS, Rick Williams on behalf of United Real Estate Chicago (the "Applicant'j, with the
support of the property owner Newport Capital Partners (hereinafter referred to as the "Owner"), of the
property located at 1600 16th 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-1
Zoning District, has submitted an application requesting a Variation from Section 13-11-8.D.2.d of the Zoning
Ordinance of the Village of Oak Brook, as amended, to permit a wall sign that exceeds the maximum size
permitted by Village Code (hereinafter referred to as the "Variation') for the Business located on the
Subject Property;
WHEREAS, Ordinance No 2023-ZO-V-EX-S-1666 adopted by the President and Board of Trustees
of the Village of Oak Brook on March 14, 2023 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 Sign 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 2023-ZO-V-EX-S-1666
1600 16" Street— Variation
PIN: 06-22-205-028
Page 8 of 9
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, Alan Braxton , authorized signatory g ry for Newport Capital Partners, owner
of the subject Property, executed this Unconditional Agreement and Consent on this 22 day of
March 2023.
Enter Name Newport Capital Partners
State of Illinois )
Not -
1,
)
Countyof Coot- )
I, o ta'lor hG — a Notary Public in and for the County and State aforesaid dohereby
certify t t the Owner, personally known to me, and that he appeared before me this � n day JTULL - , 2023, and acknowledged that he personally executed this instrument.
OFFICIAL SEAL
MEGAN LAWRENCE Nota u li
0O'�1BLIC. STATE OF ILLINOIS
Seal "'PS90N E XPIRES: 01108/2027
ORD 2023-ZO-V-EX-S-1666
1600 161h Street — Variation
PIN: 06-22-205-028
Page 9 of 9
EXHIBIT 1
TO UNCONDITIONAL AGREEMENT AND CONSENT
LEGAL DESCRIPTION
Property: 1600 16TH Street, Oak Brook, Illinois
LOT I IN THE VANTAGE PROPERTIES RESUBDIVISION, BEING A RESUBDIVISION OF
LOTS 13 THROUGH 17 AND 19 THROUGH 28 AND PARTS OF LOT 18 IN BLOCK 1 IN
TOWN DEVELOPMENT COMPANY'S ELMHURST COUNTRYSIDE UNIT NUMBER
ONE, BEING A SUBDIVISION OF THE PART OF THE NORTHEAST''/4 OF SECTION 22,
TOWNSHIP 39 NORTH, RANGE Il, EAST OF THE THIRD PRINCIPLE MERIDIAN,
ACCORDING TO THE PLAT OF SAID VANTAGE PROPERTIES RESUBDIVISION
RECORDED OCTOBER 29, 1987 AS DOCUMENT R87-156766, IN DUPAGE COUNTY,
ILLINOIS.
PIN: 06-22-205-028