S-1688 - 01/23/2024 - VARIATION - OrdinancesII �,IIII�IIe�,U�l1�1�111,i111
T::;40559273
KATHLEEN V. CARRIER
RECORDER
DUPAGE COUNTY, IL
04/15/2024 03:42 PM
DOC NO. R2024-019985
Document Submitted With
Low Quality/Illegible Portions
rve 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 1211 22nd Street, Oak Brook, Illinois 60523
If vacant land, so state and list nearest cross
PIN No(s). 06-26-100.012
Name and Address of
Name and Address of Responsible for Bill
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 Roa)
Oak Brook, Illinois 60523-2255
Name & Address of Recipient
of Consideration (when applic
G/L Account to be charqed:
1,4
THE VILLAGE OF OAK BROOK
COOK AND DUPAGE COUNTIES, ILLINOIS
ORDINANCE
NUMBER 2024-ZO-V-EX-S-1688
AN ORDINANCE
GRANTING VARIATION FROM PROVISIONS OF SECTION 13-
11-10.E.4 OF TITLE 13 ("ZONING REGULATIONS") OF THE
VILLAGE CODE OF THE VILLAGE OF OAK BROOK FOR A
WALL SIGN AT THE PROPERTY LOCATED AT 1211 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 23rd day of January 2024
ORDINANCE NO. 2024-ZO-V-EX-S-1688
AN ORDINANCE
GRANTING VARIATION FROM PROVISIONS OF SECTION 13-11-10.E.4 OF TITLE 13
("ZONING REGULATIONS") OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
FOR A WALL SIGN AT THE PROPERTY LOCATED AT 1211 22nd STREET IN THE VILLAGE
OF OAK BROOK, ILLINOIS
PIN: 06-26-100-012
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 Robby Whitehead, acting as agent for
Olympik Signs (the "Applicant'), a sign company, on behalf of tenant True Group (the "Tenant')
and with support and approval of the owner AG Oak Brook Executive Park Venture, LLC (the
"Owner") of the property located at 1211 22nd Street, Oak Brook, Illinois, which is legally described
in Exhibit A attached hereto and incorporated herein (hereinafter referred to as the "Subject
Property's located in the 0-3 Zoning District, requesting a Variation from Section 13-11-10.E.4
of the Zoning Ordinance of the Village of Oak Brook, as amended to permit and allow a wall sign
to be placed on the steel columns of the existing "penthouse" on the North elevation of the existing
structure thereon (hereinafter referred to as the "Variation';
WHEREAS, on December 13, 2023, 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
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.E.4 of the Oak Brook Zoning Regulations to permit and
allow a wall sign to be placed on the steel columns of the existing "penthouse" on the
North elevation of the existing 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 sign shall be constructed in
substantial conformance with the plans as submitted and approved, and the lighting
levels consistent with the existing south facing sign, 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. 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.
3
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
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'D 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:
PASSED THIS 23rd day of January 2024.
Trustees Jain, Manzo, Martin, Reddy, Tiesenga
None
Absent: Trustee Nagle
APPROVED THIS 23rd day of January 2024.
ATTEST:
p
NEUSHA SCARPINITI,
Village Clerk
.01
LAURENCE E. HERMAN,
Village President
[Legal Description]
LOT 1 IN THE MANU LIFE SUBDIVISION, BEING A RESUBDIVISION OF PART OF LOT 6 IN
OAK BROOK INVESTMENT COMPANY ASSESSMENT PLAT NUMBER 4, OF PART OF THE
NORTHWEST 1/4 OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF MANU LIFE SUBDIVISION
RECORDED AUGUST 8, 1978 AS DOCUMENT R78-74138, IN DUPAGE COUNTY, ILLINOIS
Con
EXHIBIT B
[Plans]
North Building Elevation - Before
North Building Elevation -AFTER
MOUNTING BOLTS
TO BE DETERMINED
BY FIELD CONDITIONS
Section A -
JMINUM CHANNEL
ES &.090 BACK
1%" RETAINER
LED POWER SUPPLY
WHITE LED MODULE
LIGHTING SYSTEM
INSULATED WIRE AS REO'D
TO MEET U.L. SPECS FOR
APPLICATION
WHITE ACRYLIC FACES W/
VINYL OVERLAY
DISCONNECT SWITCH
Scale N.T.S.
Flush mounted internally illuminated letterset.
Self-contained electrical.
Illuminated Face -Lit Channel Letterset -
Scale 1/8" = 1'-0"
Qty: (1) Required
Square Footage: 245.14
5" Deep aluminum constructed face -lit channel letterset. All letter and accent faces to be White Polycarb faces. Trim caps and returns to be painted Black.
Sign to be illuminated with White LED Modules. Letters to be flush mounted to roof wall structure (as shown) Electric service to be brought to sign site (BY OTHERS).
Field verification of building dimensions required prior to fabrication. Drawing for concept purposes only.
__Tt�_T L?W�;
•
account representative client drawn by job#: 23-9599
1211 W 22nd Street • 07-27-23
ROBBY WHITEHEAD Oak Brook, IL 60523 PAMELA F • rev 4t
TIARA.... . . .. . , SIGN LAYOUT 1.2
T///S/SANOR/C/NA4 UNPUBUSBEDOROiY/NGSUBM/TTEO/NCONNEC770N/Y/TNAPRO✓FCT{YEAREPLONN/NCfORYOU 7N/S/SNOTTOBfCOP/f0, Il
fXH/B/TEOORSBOIYVTOANYONfOUTS/OEOFYOURORCAN/Z4770NiY/TJ/OUTTNEWR/1TENPERAI/SS/ONOfOLYMP/.1'S/GNS,7/
/NC AR/6YOR•Y/SEXCLUS/YEPROPFRIYOFOLY.NP/.YS/CN/NC page 3 of 4
7��—Vuuo;
'(Comments:
account re resentative • job#: 23-9599
OLY/I/lP/K repres 1211 W 22nd Street drawn by .—/.-
07-27-23
ROBBY WHITEHEAD Oak Brook, IL 60523 PAMELA F • rev.#
• � ' ' ' ' ' ' DAY/NIGHT CONCEPT
TN/S/SAVOR/C/N.04 UNPUBL/SHEBOROIY/NGSUBM/TTFO/NCONNECT/ONbY/TBAPRG✓fCTWEAREPLANN/NCFORYOU TH/S/SNOTTOBECGP/FO, REPROOUCEO,
EXN/B/TEOORSUOFYVTOANYONFDUTS/OEOFYOURORGAN/Z.OT/ONIZ'/TNOUTTHELYR/TTENPERiE7/SS/ONOFpLYMP/NS/GNS /NC ARTWORK/SEXCLUS/YEPROPERTYOFOLYMP/NS/CN/NC page 4 of 4 A 7
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
WHEREAS, an application has been filed by Robby Whitehead, acting as agent for
Olympik Signs (the "Applicant"), a sign company, on behalf of tenant True Group (the "Tenant")
and with support and approval of the owner AG Oak Brook Executive Park Venture, LLC (the
"Owner") of the property located at 1211 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 0-3 Zoning District, requesting a Variation from Section '13-11-
10.E.4 of the Zoning Ordinance of the Village of Oak Brook, as amended to permit and allow a
wall sign to be placed on the steel columns of the existing "penthouse" on the North elevation of
the existing structure thereon (hereinafter referred to as the "Variation"); and
WHEREAS, Ordinance No 2023-ZO-V-EX-S-1688 adopted by the President and Board of
Trustees of the Village of Oak Brook on January 23, 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:
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 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, AG Oak Brook Executive Park Owner, LLCowner, executed this Unconditional
Agreement and Consent on this 15 day of February , 2024.
s e -�O c o� �� r
[Name]
A,'jL%0V-Lq
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[Name]
State of Illinois
County of
I,
ti sq V-1 Ir V. T_ a Notary Public in and for the County and State aforesaid
do hereby certify that Ant4e, V\"dJ- 'g 1-�A personally known to me, and that he appeared
before me this l day of a c 2024, and acknowledged that he personally
executed this instrument.
Seal
F
N K CURRY
ftial Seal
C - *te of Illinoo
5� ores "Nov 29, 2025
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F*I M • 1 r
Notary•
ii
EXHIBIT 1
TO UNCONDITIONAL AGREEMENT AND CONSENT
LOT 1 IN THE MANU LIFE SUBDIVISION, BEING A RESUBDIVISION OF PART OF LOT 6 IN
OAK BROOK INVESTMENT COMPANY ASSESSMENT PLAT NUMBER 4, OF PART OF THE
NORTHWEST'/ OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF MANU LIFE SUBDIVISION
RECORDED AUGUST 8, 1978 AS DOCUMENT R78-74138, IN DUPAGE COUNTY, ILLINOIS
Property: 1211 22111 Street, Oak Brook, Illinois
PIN: 06-26-100-012
10