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S-1690 - 02/13/2024 - VARIATION - Ordinancesi,� Tx,405592?- KATHLEEN V. CARRIER RECORDER DUPAGE COUNTY, IL 04/15/2024 03:42 PM DOC NO. R2024-019987 FDocument Submitted With Low Quality/Illegible Portions (Above Space For Recorders Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, IL 60523-2255 RECORDED DOCUMENT TITLE PAGE Title of Document: ORDINANCE 2024-ZO-V-EX-S-1690 AN ORDINANCE GRANTING VARIATIONS FROM PROVISIONS OF SECTION 13-11-10.C.8 OF TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE CODE OF VILLAGE OF OAK BROOK FOR WALL SIGNS FOR THE PROPERTY LOCATED AT 300 22nd STREET IN THE VILLAGE OF OAK BROOK, ILLINOIS Property Address/es 300 22nd Street, Oak Brook, Illinois 60523 vacant land, so state and list nearest cross streets) PIN No(s). 06-24-403-007 Name and Address of Appl Name and Address of Responsible for Billing: Parvin Clauss Sign Co Party to Receive Copy of Recorded Document and send copy 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: 2 THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS ORDINANCE NUMBER 2024-ZO-V-EX-S-1690 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 FOR WALL SIGNS AT THE PROPERTY LOCATED AT 300 22nd STREET IN THE VILLAGE OF 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 13th day of February 2024 ORDINANCE NO. 2024-ZO-V-EX-S-1690 PIN: 06-24-403-007 ORDINANCE NO. 2024-ZO-V-EX-S-1690 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 FOR WALL SIGNS AT THE PROPERTY LOCATED AT 300 22nd STREET IN THE VILLAGE OF OAK BROOK, ILLINOIS PIN: 06-24-403-007 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, an application has been filed by Clauss Sign Co. (the "Applicant'), a sign company, on behalf of the owner International Association of Lions Clubs (the "Owner") of the property located at 300 22nd Street, Oak Brook, Illinois, which is legally described in Exhibit A attached hereto and incorporated herein (hereinafter referred to as the "Subject Property' located in the ORA -1 Zoning District, requesting a Variation from Section 13-11-10.C.8 of the Zoning Ordinance of the Village of Oak Brook, as amended to permit and allow wall signs to be installed in the center building fagade on the South and West elevations (hereinafter referred to as the "Variation'; WHEREAS, on January 3, 2024, the Village of Oak Brook Planning & Zoning Commission (the "Commission") held a public hearing after showing of proper notice and in compliance with the laws of the State of Illinois and ordinances of the Village of Oak Brook, to consider the Applicant's request and to hear testimony on the proposal, and as a result of said hearing, the Commission issued a positive recommendation to approve the requested Variation; WHEREAS, the Commission found the request to be reasonable in that the requested Variation is appropriate under the applicable standards adopted by the Village of Oak Brook in its Zoning Ordinance and issued a positive recommendation, inclusive of its Findings of Fact, in support for the approval of the requested Variation; WHEREAS, the Commission recommends approval of the requested Variation by the Village President and Board of Trustees (collectively, the "Corporate Authorities") 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 Applicant 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 Owner has demonstrated practical difficulties or particular hardship in the application of the Zoning Regulations. 2 ORDINANCE NO. 2024-ZO-V-EX-S-1690 PIN: 06-24-403-007 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 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 13-11-10.C.8 of the Oak Brook Zoning Regulations to permit and allow wall signs to be installed in the center of the building fagade on the South and West elevations of the structure located on the Subject 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 proposed wall signs shall be constructed in substantial conformance with the plans as submitted and approved, as described in the said Plans attached hereto and incorporated herein as Exhibit B. B. Compliance with Zoning Regulations and Village Code. Notwithstanding the attached exhibits, the Owner shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived; 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 Village statutes, ordinances, resolutions, rules, codes, and regulations. Section 4. Failure to Comply with Conditions. 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. Bindinq 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. 3 ORDINANCE NO. 2024-ZO-V-EX-S-1690 PIN- 06-24-403-007 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's 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. Remainder of page intentionally left blank; roll call vote to follow 4 Ayes: Nays: ORDINANCE NO. 2024-ZO-V-EX-S-1690 PIN: 06-24-403-007 PASSED THIS 13t' day of February 2024. Trustees Jain, Martin, Nagle, Reddy, Tiesenga None Absent: Trustee Manzo APPROVED THIS 13' day of February 2024. ALA LAURLtvNCE E. HERMAN, Village President ATTEST; a. 1 _ C4a NETASHA SCARPINITI, Village Clerk PY"IRIT A [Legal Description] LOT4 ORDINANCE NO. 2024-ZO-V-EX-S-1690 PIN: 06-24-403-007 THAT PART OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DUPAGE COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 24; THENCE N 0°15'24" W ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 24, ALSO BEING THE CENTERLINE OF YORK ROAD A DISTANCE OF 665.09 FEET TO A POINT; THENCE N 89°44'42" E ALONG A LINE WHICH IS PARALLEL TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 24 A DISTANCE OF 75.0 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF YORK ROAD FOR A PLACE OF BEGINNING, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF LOT 1 OF SUNBEAM CORP. ASSESSMENT PLAT RECORDED MAY 4, 1961 AS DOCUMENT NO. R61-5594: THENCE CONTINUING N 89044'42" E ALONG A LINE WHICH IS PARALLEL TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 24. SAID LINE ALSO BEING THE SOUTH LINE OF SUNBEAM CORP. ASSESSMENT PLAT, A DISTRANCE OF 724.32 FEET TO A POINT, SAID POINT BEING A SOUTHEASTERLY CORNER OF SAID LOT 1 OF SAID SUNBEAM CORP. ASSESSMENT PLAT, SAID POINT ALSO BEING ON A WESTERLY RIGHT OF WAY LINE OF A DEDICATED ROAD RECORDED ON DECEMBER 16, 1960 AS DOCUMENT NO. 990855; THENCE SOUTHERLY ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID ROAD, BEING A CURVE CONVEX WESTERLY AND HAVING A RADIUS OF 738.58 FEET A DISTRANCE OF 1.38 FEET TO A POINT OF REVERSE CURVATURE; THENCE CONTINUING SOUTHERLY ALONG THE WESTERLY RIGHT OF WAY LINE OF SKID DEDICATED ROAD BEING A CURVE CONVEX EASTERLY AND HAVING A RADIUS OF 1640.98 FEET. A DISTANCE OF 80.28 FEET TO A POINT OF REVERSE CURVATURE; THENCE CONTINUING SOUTHERLY ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID DEDICATED ROAD. BEING A CURVE CONVEX WESTERLY AND HAVING A RADIUS OF 1710.98 FEET. A DISTANCE OF 83.50 FEET TO A POINT OF TANGENCY; THENCE S 0°15'18" E ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID DEDICATED ROAD A DISTANCE OF 425.00 FEET TO A POINT ON THE NOTHERLY RIGHT OF WAY LINE OF 22ND STREET. SAID POINT BEING 75.0 FEET NORTH OF THE CENTERLINE OF 22ND STREET; THENCE WESTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE OF 22NO STREET. THE FOLLOWING THREE COURSES AND DISTANCES: {1) S 89°44'42" W, A DISTANCE OF 395.0 FEET {2) N 83°55'12" W A DISTANCE OF 294.27 FEET {3) N 45°12'37" W, A DISTANCE OF 46.04 FEET, TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF YORK ROAD SAID POINT BEING 75.0 FEET EAST OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 24: THENCE N 0°15'24" W ALONG THE EASTERLY RIGHT OF WAY LINE OF YORK ROAD, A DISTANCE OF 525.04 FEET TO THE PLACE OF BEGINNING. Property: 300 22nd Street, Oak Brook, Illinois PIN: 06-24-403-007 0 ORDINANCE NO. 2024-ZO-V-EX-S-1690 PIN: 06-24-403-007 EXHIBIT B [Plans] 40 -Cr 0 Parvin-Clauss SIGN C O V P A NY 36-3w -7#LIONS INTERNATIONAL -- (2 sets Fa" I f -Wo Illumingg-4 Channel Logo & Halo 1111urmLimilChannel Letters - 120 5F Logo: Fa"! VWH;tp- "41c W Black —rrmcap Logo Graphfim 3M 7725-12 Vhx* Vinyi Crap- -�s Back: Wmite Polycarficrtate Letters: ]5ack,.v- White Fofyrarlromjte r1furnimat4m Whfte LEDs wl 124' 600 120 2777V Fawer 5upoias Power. (1) 2CAmp 9, 1201*16(ts Electrical Ch-cta Run to 5U by Oth&-, 5irrutat'--61 Night View Nfourtting: Stud Mourted wi 1'h' 1'rcerVm WM RUD SURMY'REQUIRED FWR W FAMCAWN T vn 0 FAU 1W tMINAM CHAMI WGID tw u I Irk w ILWMI KITIUMMIRNUU11[a.11 This ugrf,. M11. to UZ Sundah -171"s Dmu-nent is.�rec *-. and 0* mforrmtTit o" C0006W in s propftw " Nnt"Cam sign CO-I'Ma"Y. BY MOW k4Vdd* h0tdo agmnota n 40 use the iltwMlton, 65110le M to any third party, caprrrs�st 2D22 by Parvim-cbuss Sign Co @ "01 rewcv 'his docilme" W11heut TIM prior vmftm ccmmr.- of Pjvm4Chm S -gr. Company. Hc:4e also agree IDImarnedimigy return this daam*im upw remsr & Pamrctatmj sign cariparty., PROJECT: ASSOC UM" OF UONS CLVOS 300 W. 22nd Street Oak aro * IL 60523 CUSTOMER APPROVAL: DATE ALIMORIZED smNATuzE REMSENTAVVE Lisa 5,ta5zak I L5 OWAWN BY Sill Marlow DATE 1128.22 SCAtF SHEET NO, 1 Of I EMAXTE f 108 NUMBER 111&6 nU NAME [ALC11166 .REVISIONS: 1 1221.22 - rvmvie oro" 212.2'3 22 - Ascc"ect 5wt-rr,�5 3 4 • This sign is iromded t* be rnistalled in accordwKe With the requirem"ts 01FArtirde 6Q® of the Nitonat Electrical Code an&or other applicable local oodes. This emiudes vroper Vvinding and bores' ng of the sign, H.2 /----------1 U2 ` ~ " � - . � Ow � r-----' - | � ED ~ ' oil ORDINANCE NO. 2024-ZO-V-EX-S-1690 PIN: 06-24-403-007 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT WHEREAS, an application has been filed by Clauss Sign Co. (the "Applicant"), a sign company, on behalf of the owner International Association of Lions Clubs (the "Owner") of the property located at 300 22nd Street, Oak Brook, Illinois, which is legally described in Exhibit 1 attached hereto and incorporated herein (hereinafter referred to as the "Subject Property") located in the ORA -1 Zoning District, requesting a Variation from Section 13-11-10.C.8 of the Zoning Ordinance of the Village of Oak Brook, as amended to permit and allow wall signs to be installed in the center building fagade on the South and West elevations (hereinafter referred to as the "Variation"); WHEREAS, Ordinance No 2024-ZO-V-EX-S-1690 adopted by the President and Board of Trustees of the Village of Oak Brook on February 13, 2024 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 ORDINANCE NO. 2024-ZO-V-EX-S-1690 PIN: 06-24-403-007 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. 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, r P�2lf (�,, owner, executed this Unconditional Agreement and Consent on this day of 2024. LAL 4'. [Name] [Name] State of Illinois County of ) I, n��` a Notary Public in and for the County and State aforesaid do hereby certify that 1�. personally known to me, and that he appeared before me thisQ(, 1 day of�Q�Q� , 2024, and acknowledged that he personally executed this instrument. HEATHER ODONNELL OFFICIAL SEAL �' Notary Public, State of Illinois 16) fill My Commission Expires &I n �' �j January 18, 2026 1 Notary Public Seal ORDINANCE NO. 2024-ZO-V-EX-S-1690 PIN: 06-24-403-007 EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT LOT4 THAT PART OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DUPAGE COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 24; THENCE N 0015'24" W ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 24, ALSO BEING THE CENTERLINE OF YORK ROAD A DISTANCE OF 665.09 FEET TO A POINT; THENCE N 89°44'42" E ALONG A LINE WHICH IS PARALLEL TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 24 A DISTANCE OF 75.0 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF YORK ROAD FOR A PLACE OF BEGINNING, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF LOT 1 OF SUNBEAM CORP. ASSESSMENT PLAT RECORDED MAY 4, 1961 AS DOCUMENT NO. R61-5594: THENCE CONTINUING N 89°44'42" E ALONG A LINE WHICH IS PARALLEL TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 24. SAID LINE ALSO BEING THE SOUTH LINE OF SUNBEAM CORP. ASSESSMENT PLAT, A DISTRANCE OF 724.32 FEET TO A POINT, SAID POINT BEING A SOUTHEASTERLY CORNER OF SAID LOT 1 OF SAID SUNBEAM CORP. ASSESSMENT PLAT, SAID POINT ALSO BEING ON A WESTERLY RIGHT OF WAY LINE OF A DEDICATED ROAD RECORDED ON DECEMBER 16, 1960 AS DOCUMENT NO. 990855; THENCE SOUTHERLY ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID ROAD, BEING A CURVE CONVEX WESTERLY AND HAVING A RADIUS OF 738.58 FEET A DISTRANCE OF 1.38 FEET TO A POINT OF REVERSE CURVATURE; THENCE CONTINUING SOUTHERLY ALONG THE WESTERLY RIGHT OF WAY LINE OF SKID DEDICATED ROAD BEING A CURVE CONVEX EASTERLY AND HAVING A RADIUS OF 1640.98 FEET. A DISTANCE OF 80.28 FEET TO A POINT OF REVERSE CURVATURE; THENCE CONTINUING SOUTHERLY ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID DEDICATED ROAD. BEING A CURVE CONVEX WESTERLY AND HAVING A RADIUS OF 1710.98 FEET. A DISTANCE OF 83.50 FEET TO A POINT OF TANGENCY; THENCE S 0°15'18" E ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID DEDICATED ROAD A DISTANCE OF 425.00 FEET TO A POINT ON THE MOTHERLY RIGHT OF WAY LINE OF 22ND STREET. SAID POINT BEING 75.0 FEET NORTH OF THE CENTERLINE OF 22ND STREET; THENCE WESTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE OF 22NO STREET. THE FOLLOWING THREE COURSES AND DISTANCES: {1) S 89°44'42" W, A DISTANCE OF 395.0 FEET {2) N 83055'12" W A DISTANCE OF 294.27 FEET {3) N 45°12'37" W, A DISTANCE OF 46.04 FEET, TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF YORK ROAD SAID POINT BEING 75.0 FEET EAST OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 24: THENCE N 0°15'24" W ALONG THE EASTERLY RIGHT OF WAY LINE OF YORK ROAD, A DISTANCE OF 525.04 FEET TO THE PLACE OF BEGINNING. Property: 30022nd Street, Oak Brook, Illinois PIN: 06-24-403-007 10