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
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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
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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