S-1675 - JVM - Sign Var1111 �up��g
KATHLEP-11 V. CARRIER
RECORDER
DUPAGE COUNTY, LL
10i'0512023 11 :45 AN
DOC NO. R2023-00'4490
DOCUMENT SUBMITTED WITH
LOW QUALITY / ILLEGIBLE PORTIONS
(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: ORDINANCE 2023-ZO-V-EX-S-1675 AN ORDINANCE GRANTING VARIATIONS
FROM PROVISIONS OF SECTION 13-11-10.G.4 OF THE TITLE 13 ("ZONING REGULATIONS") OF
THE VILLAGE OF OAK BROOK TO THE ALLOW OF A LOGO TO EXCEED THE LETTERING OF A
WALL SIGN FOR THE PROPERTY LOCATED AT 903 COMMERCE DRIVE IN THE VILLAGE OF OAK
Property Address/es 903 Commerce Drive, Oak Brook, Illinois 60523
If vacant land, so state and list nearest cross streets)
PIN No(s). 06-23-407-002
Name and Address of Applicant: Parvin-Clauss Sign Co Kevin Villont JVM
165 Tubewav Dr 903 Commerce Dr
Carol Stream, IL 60137 Oak Brook, IL 60523
Name and Address of Responsible for Billing: Parvin-Clauss Sign Co Attn: Mary Clauss
165 Tubewav Dr
Carol Stream, IL 60137
Party to Receive Copy of
Recorded Document and send copy
G/L Account to be charged: 10-1365
Prepared By and Return to: r Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523-225
Name & Address of Recipient N/A
of Consideration (when applicable):
G/L Account to be charged:
I-
THE VILLAGE OF OAK BROOK
COOK AND DUPAGE COUNTIES, ILLINOIS
ORDINANCE
2023-ZO-V-EX-S-1675
AN ORDINANCE GRANTING VARIATIONS FROM
PROVISIONS OF SECTION 13-11-10.G.4 OF TITLE 13
("ZONING REGULATIONS") OF THE VILLAGE CODE OF
THE VILLAGE OF OAK BROOK TO ALLOW A LOGO TO
EXCEED THE LETTERING OF A WALL SIGN FOR THE
PROPERTY LOCATED AT 903 COMMERCE DRIVE, OAK
BROOK, ILLINOIS
LAURENCE E. HERMAN, Village President
NETASHA SCARPINITI, Village Clerk
NAVEEN JAIN
MICHAEL MANZO
MELISSA MARTIN
JAMES NAGLE
A. SURESH REDDY
EDWARD TIESENGA
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 12"' day of September, 2023
ORDINANCE 2023-ZO-V-EX-S-1675
AN ORDINANCE GRANTING A VARIATION FROM
SECTION 13-11-10.G.4 OF TITLE 13 ("ZONING REGULATIONS")
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
TO ALLOW A LOGO TO EXCEED THE HEIGHT OF THE LETTERING OF A WALL SIGN MOUNTED
ABOVE 30 FEET ON THE EXISTING BUILDING
FOR THE PROPERTY LOCATED AT
903 COMMERCE DRIVE, OAK BROOK, ILLINOIS
PIN: 06-23-407-002
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 variations from the certain provisions of the Village
of Oak Brook Zoning Ordinance as described herein;
WHEREAS, an application has been filed by Parvin-Clauss Sign Company, on behalf of JVM Realty
("Petitioner'), with the consent of Oak Brook Commerce Center ("Owner"), the owner of the property
located at 903 Commerce Drive, Oak Brook, Illinois, which is legally described in Exhibit A attached hereto
and incorporated herein ("Property"), requesting variations from Section 13-11-10.G.4 (the requested
"Variation") of the Zoning Ordinance of the Village of Oak Brook, as amended ("Zoning Regulations"), to
allow for the construction a wall sign containing a Logo that exceeds the height of the lettering of the wall
sign on the existing building on the property;
WHEREAS, Section 13-11-10.G.4 allows wall signs mounted above thirty feet (30') may also
include the company's primary registered or trademarked logo, which must be no taller than the height of
the lettering of the wall sign;
WHEREAS, on August 1, 2023, the Oak Brook Zoning Board of Appeals ("ZBA") conducted a public
hearing on the requested variations for the Property pursuant to due and appropriate legal notice on July
11, 2023;
WHEREAS, after the close of the public hearing, the ZBA found that Petitioner had satisfactorily
addressed the factors required for approval of the Variation from Section 13-11-10.G.4 of the Zoning
Regulations and, in a letter to the President and Board of Trustees dated August 3, 2023, recommended
approval of the requested Variation subject to certain conditions;
WHEREAS, the Village President and Board of Trustees: (i) find that the applicable requirements
of Section 13-11-10.G.4 of the Village Code relating to the granting of the Variation to the Zoning
Regulations have been met; and (ii) deem that granting the Variation, as provided herein, to be in the best
interests of the Village, subject to the terms and condition of this ordinance.
Ordinance 2023-ZO-V-EX-S-1675
903 Commerce Drive — Variations
PIN 06-23-407-002
Page 2 of 8
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 the requested
Variations to the Zoning Regulations as follows:
Variation to Section 13-11-10.G.4 to allow for the construction a wall sign containing a Logo
that exceeds the height of the lettering of the wall sign on the existing building 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 sign shall be
constructed in substantial conformance with the plans as submitted and attached and the retail
use shall be in substantial conformance with the plan as submitted. Exhibit B.
B. Compliance with Zoning Regulations and Village Code. The 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 Owner to comply with any or all of the conditions, restrictions, or
provisions of this Ordinance, the Variations 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
Ordinance 2023 -20 -V -EX -5-1675
903 Commerce Drive — Variations
PIN 06-23-407002
Page 3 of 8
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. Recordino. 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 12m day of September, 2023.
Laurence E. Herman
Village President
PASSED THIS 12'" day of September 2023.
Trustees Jain, Manzo, Reddy, Tiesenga
None
Trustees Martin and Nagle
ATTEST:
(-/ ��4,4v-
NetaBha Scarpiniti
Village Clerk
EXHIBIT A
LEGAL DESCRIPTION
Property: 903 Commerce Drive
PIN: 06-23-407-002
Ordinance 2023-ZO-V-EX-S-1675
903 Commerce Drive — Variations
PIN 06-23-407-002
Page 4 of 8
LOT 1 IN OAK BROOK DEVELOPMENT COMPANY'S COMMERCIAL PLAZA SUBDIVISION, UNIT2,
BEING A SUBDIVISION OF PART OF LOT 1 IN BUTLER COMPANY M-1 INCORPORATED
ASSESSMENT PLAT #1, OF PARTS OF SECTIONS 23 AND 24. TOWNSHIP 39 NORTH, RANGE 11,
EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
JUNE 28, 1968 AS DOCUMENT R-68-27679, IN DUPAGE COUNTY, ILLINOIS
Ordinance 2023-ZO-V-EX-S-1675
903 Commerce Drive — Variations
PIN 06-23-407-002
Page 5 of 8
EXHIBIT B
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Ordinance 2023-ZO-V-EX-S-1675
903 Commerce Drive — Variations
PIN 06-23-407-002
Page 6 of 8
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
WHEREAS, an application has been filed Oak Brook Commerce Center, ("Owner"), the owner of
the property located at 903 Commerce Drive, Oak Brook, Illinois, which is legally described in Exhibit A
attached hereto and incorporated herein ("Property"), requesting variation from Section 13-11-10.G.4 of
the Zoning Ordinance of the Village of Oak Brook, as amended ("Zoning Regulations"), to allow for the
construction of a wall sign containing a Logo that exceeds the height of the lettering of the wall sign on the
existing building on the property in the ORA -1 Office District;
WHEREAS, Ordinance No 2023-ZO-V-EX-S-1675, adopted by the President and Board of
Trustees of the Village of Oak Brook on September 12, 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 for the signs and the construction of the new Retail Space; 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. Petitioner shall, and does hereby, agree to pay all expenses incurred by the Village in defending
itself with regard to any and all claims mentioned in this Unconditional Agreement and Consent.
These expenses shall include all out of pocket expenses, such as attorneys' and experts' fees, and
shall also include the reasonable value of any services rendered by any employee of the Village.
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.
7. This Unconditional Agreement and Consent may be executed in counterparts, each of which shall
constitute an original document, which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, ,.V
and Consent on behalf of Oak Brook Commerce Center on this
Oak
By:
Its: S
State of Illinois
Ordinance 2023-ZO-V-EX-S-1675
903 Commerce Drive — Variations
PIN 06-23-407-002
Page 7 of 8
:d this Unconditional Agreement
�l.
of . , 2023.
County of 1 11 ( n�)�,
I, kll((t 4 tc:&00` r-�[2,S a Notary Public in and for the County and State aforesaid do hereby
certify that a dul authonze�drepresentative of Oak Brook Commerce Center, appeared before me this
day of ��^ 2023, and acknowledged that he_pKsonally executed this instrument.
Notary
Seal OFFICIAL SEAL
CHRISTINE KASSRAS
1y PUBLIC, STATE OF ILLINOIS
MISSION EXPIRES: 3@4/2025
Ordinance 2023-ZO-V-PSC-S-1675
903 Commerce Drive — Variations
PIN 06-23-407-002
Page 8 of 8
1*4:11-11161
TO UNCONDITIONAL AGREEMENT AND CONSENT
LEGAL DESCRIPTION
Property: 903 Commerce Drive
PIN: 06-23-407-002
LOT 1 IN OAK BROOK DEVELOPMENT COMPANY'S COMMERCIAL PLAZA SUBDIVISION, UNIT2,
BEING A SUBDIVISION OF PART OF LOT 1 IN BUTLER COMPANY M-1 INCORPORATED
ASSESSMENT PLAT #1, OF PARTS OF SECTIONS 23 AND 24. TOWNSHIP 39 NORTH, RANGE 11,
EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
JUNE 28, 1968 AS DOCUMENT R-68-27679, IN DUPAGE COUNTY, ILLINOIS