S-1700 - Diamonds Direct Sign VariationTx,406008 a
KATHLEEN V. CARRIER
RECORDER
DUPAGE COUNTY, IL
10/30/2024 03:05 PM
DOC NO. R2024-064848
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
Property Address/es 1150 22nd Street, Oak Brook, Illinois 60623
If vacant land, so state and list nearest cross streets)
PIN No(s). 06-23.406-024
Name and Address of Applicant: Karen Dodge
325 Sandpebble Ln
Aurora, IL 60504
Name and Address of Responsible for Billing: Same as above
Party to Receive Copy of
Oak Brook Commons LLC
Attn: Greg McHenry
444 W Lake Street Suite 2400
Chicago, IL 60606
Recorded Document and send copy
G/L Account to be charged:
10-1365
Prepared By and Return to:
Nillage of Oak Brook }
1200 Oak Brook Road
Oak Brook, Illinois 60523-2255
Name & Address of Recipient
of Consideration (when applic
G/L Account to be charged:
THE VILLAGE OF OAK BROOK
COOK AND DUPAGE COUNTIES, ILLINOIS
ORDINANCE
NUMBER 2024-ZO-V-EX-S-1700
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 TO ALLOW
A THIRD WALL SIGN FOR THE PROPERTY LOCATED AT 1150
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 25"' day of June 2024
2024-ZO-V-EX-S-1700
PIN: 06-23-406-024
Page 2 of 10
ORDINANCE 2024-ZO-V-EX-S-1700
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 TO ALLOW A THIRD WALL SIGN FOR THE PROPERTY LOCATED AT 1150
22ND STREET, IN THE VILLAGE OF OAK BROOK, ILLINOIS
PINS:06-23-406-024
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, an application has been filed by Karen Dodge, on behalf of Diamonds Direct
(the "Petitionet'), and with the consent of the owner, Oak Brook Commons, LLC (the "Ownet'),
of the property located at 1150 22nd 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 ORA-2 Zoning District, is requesting a Variation from Section 13-11-10.C.8 of
the Zoning Ordinance of the Village of Oak Brook, as amended, for certain relief to allow the
installation of a third new wall sign for the building located on the property (hereinafter referred to
as the "Variation'l;
WHEREAS, the Village of Oak Brook Planning & Zoning Commission (the "Commission"),
on May 1, 2024 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 Commission issued a positive recommendation
in this matter to approve the requested Variation 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 Commission found the request to be reasonable in that the requested
Variation is appropriate, as modified, 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 Commission 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
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.
2024-ZO-V-EX-S-1700
PIN: 06-23406-024
Page 3 of 10
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 from Section 13-11-10.C.8 of the Zoning Ordinance of the Village of Oak
Brook, as amended, to allow the installation of a third wall signs on the East facade of
the building located on the Subject Property, in lieu of the one wall sign per street
frontage per building otherwise permitted.
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 Site Plan. The design and placement of the approved
wall sign(s) 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 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 the Subject Property, must
comply at all times with all applicable federal, state, and local 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.
2024-ZO-V-EX-S-1700
PIN: 06-23-406-024
Page 4 of 10
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') 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
Ayes:
Nays:
PASSED THIS 2511 day of June 2024.
Trustees Jain, Manzo, Martin, Tiesenga
None
Absent: Trustees Nagle and Reddy
APPROVED THIS 2511' day of June 2024.
LAURENCE E. HERMAN,
Village President
ATTEST:
�' " 'w4
N(ETASHA SCARPINITI.
Village Clerk
2024-ZO-V-EX-5-1700
PIN. 06-23-406-024
Page 5 of 10
2024-ZO-V-EX-S-1700
PIN: 06-23-406-024
Page 6 of 10
EXHIBIT A
Legal Description
LOT D IN THE FINAL PLAT OF SUBDIVISION OF OAK BROOK COMMONS, BEING A
SUBDIVISION OF PART OF THE SOUTHEAST'/4 OF SECTION 23, TOWNSHIP 39 NORTH,
RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS.
Address: 1150 22nd Street, Oak Brook, Illinois 60523
PIN:06-23-406-024
2024-ZO-V-EX-S-1700
PIN: 06-23-406-024
Page 7 of 10
EXHIBIT B
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2024-ZO-V-EX-S-1700
PIN: 06-23-406-024
Page 8 of 10
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
WHEREAS, an application has been filed by Karen Dodge, on behalf of Diamonds Direct
(the "Petitioner'), and with the consent of the owner, Oak Brook Commons, LLC (the "Owner"),
of the property located at 1150 22nd 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 ORA-2 Zoning District, is requesting a Variation from Section 13-11-10.C.8 of
the Zoning Ordinance of the Village of Oak Brook, as amended, for certain relief to allow the
installation of a new wall signs (East fagade) for the building located on the property (hereinafter
referred to as the "Variation';
WHEREAS, Ordinance No. 2024-ZO-V-EX-S-1700 adopted by the President and Board
of Trustees of the Village of Oak Brook on June 25, 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 installation of an additional wall
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
2024-ZO-V-EX-S-1700
PIN: 06-23-406-024
Page 9 of 10
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, C7M R` 4-%fj/ , on behalf of the Owner, executed this
JwI
Unconditional Agreement and Consent on this Z day off, 2024.
Grca, /4`lizuty
[Name]
[Nam
State of Illinois
County of CotlK
I, GtraC]{]Dt A Mtt L1a2 a Notary Public in and for the County and State aforesaid
do hereby certify that Gffh McHPy Vu personally known to me, and that he appeared
before me this 7- day of J Uk�4 2024, and acknowledged that he personally
executed this instrument.
Oft&[ Seal
Seal GRACIELA AMIEE DIAZ
Notary Public, State of Illinois
Commission No. 971706
My Commission Expires May 16, 2027
2024-ZO-V-EX-S-1700
PIN: 06-23-406-024
Page 10 of 10
EXHIBIT 1 TO UNCONDITIONAL AGREEMENT AND CONSENT
LEGAL DESCRIPTION
LOT D IN THE FINAL PLAT OF SUBDIVISION OF OAK BROOK COMMONS, BEING A
SUBDIVISION OF PART OF THE SOUTHEAST'/4 OF SECTION 23, TOWNSHIP 39 NORTH,
RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN DUPAGE COUNTY, ILLINOIS.
Address: 1150 22nd Street, Oak Brook, Illinois 60523
PIN:06-23-406-024