S-512 - 11/22/1983 - VARIATION - Ordinances � Vl4AaR�T�GzN ,
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ORDINANCE NN0. S— 5.12 BPS z PARK 1krt L-04;A#6
AN ORDINANCE GRANTING A VARIATION FROM THE, PROVI IONS OF 04 do
THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOKIL
RELATIVE TO PARKING AND LOADING
(815 COMMERCE DRIVE)
WHEREAS, an application has been filed requesting certain variations for
property located at 815 Commerce Drive, Oak Brook, Illinois relating to parking
and loading requirements and other bulk requirements of the Oak Brook Zoning
Ordinance; and
WHEREAS, said Zoning Board of Appea'.s pursuant to due and appropriate
legal notice conducted a public hearing thereon on October 18, 1983 and has
recommended the granting of the variations; and y.
WHEREAS, the said Zcaing Board of Appeals made explicit findings that the
variations requested meet the applicable standards of Section YM(G)(4) of the
Oak Brook Zoning Ordinance, including a'genuine hardship resulting from: 1) the
unique configuration of the property which places a very high percentage of the
lot area within the front yard and thereby unusaole`fdr parking;. 2) the
circumstances under which the building permit for the original' construction was
issued and that the building was erected in such a manner that it is impossible
as a practical matter for the applicant to comply with existing ordinance
requirements relating to parking and loading; 3) that both of the circumstances
noted above are not attributable to the applicant's conduct; and
WHEREAS, the corporate authorities have considered said recommendations
and findings and concur in same since they are supported by the imoontroverted
evidence in the record to wit:
1. The gross floor area of the building is approximately 66,400 square
feet which at the time of construction did not exceed the maximum size permitted,
but today exceeds by approximately 19,000 square feet, the maximum size that
would be otherwise permitted on the lot.
2. The building constructed pursuant to Village Permit in 1969 partially
encroaches 16 feet into the front yard.
3. The building's support columns in the interior of the building as
constructed do not meet minimum standards for parking space width.
4. The interior and exterior building columns are so located that wd.dth
standards for parking bays cannot be met.
5. A parking layout for the property which fully complied with current
Zoning Ordinance requirements would provide parking for not more than 117 cars if
the requested loading variations were granted and for not more than 95 cars if
such variations were not granted.
6. The proposed parking layout, including driveway aisles and parking
stalls would occupy no greater area than has been payed or utilized for parking
since 1970.
7. The proposed parking layout would provide the most efficient and
usable layout which is feasible under the existing constraints of the lot and
building thereon.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRdhTEES OF '
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set sbrth are
hereby nc'orpo`rated herein as though fully set forth.
Y
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Grditnoe No. S•- 5112
815 Commerce
Page h
Section 2: That the variations granted herein pursuant to this ordinance
are 1imTt_e_JTa_The property located at 815 Commerce Drive, Oak rook, Illinois,
which property is legally described in the attached Exhibit A based upon the
specific hardships as set forth in the preamble hereto.
Section : That the following variations are hereby granted from the
provisions oo.t e Oak Brook Zoning Ordinance of the Village of Oak Brook,
Ordinance G-60 as amended.
A. A variation from the requirements of Section XI(E)(12)(d)(8) to
reduce the number of parking spaces required provided that no
less than 209 parking spaces shall be provided.
B. A variation from the requirements of Appendix I:
(i) To reduce parking space width to 8 foot for
standard cars and to 7 feet 10 inches for compact
cars;
(ii) To increase the ratio of compact car spaces to 30 percent;
(iii)To reduce the minimum aisle width to 21 feet 9 inches for
parking bays which include only spaces for exclusive
utilization for compact cars.
C. A variation from the requirements of Section XI(E)(T);
(i) To permit parking in interior side yards and rear yards up
to 5 feet from the lot line;
(ii) To permit Z3 parking spaces in front of the building,
which spaces are inclusive of the 54 spaces referred to
in subparagraph (D) below.
D. A variation from the provisions of Section V(G)(3)(h)(13) to
permit up to 54 parking spaces--in the required front
yard provided they are no closer than 25 feet from the
front lot line.
E. A variation from the requirements of Section XI(D)(1) to permit
open off-street loading berths to be located on the east side
of the building.
F. A variation from the requirements of Section XI(D)(7) to permit
a reduction in the minimum number of required off-street
loading berths from 3 to 1.
G. A variation from the requirements of Section XI(E)(9)(c) to
eliminate the requirements of subdivision (3).
H. A variation from the requirements of Section X(B)(5)(a) to
reduce the front yard requirement at the northeast corner,
of the building from 100 feet to 84 feet.
Section 4: That the variations herein granted are explicitly subject to
the fol owing conditions:
A. That the variations hereby granted shall automatically terminate
at such time as the building shall be required by the provisions
of Section XII of the Zoning Ordinance to contbrm to all regula-
tions of the District in which it is located.
B. That the owner of th. .abject property execute and deliver
to the Village a eov6aant covenanting the installation,
maintenance and replaosment if necessary of landscaping in
all yards, including landscaping in the front yard sufficient
to provide for permanent year-round screening of the parking
area from the public street. said covenant shall be in fora
and substance acceptable to the Village as approved by its
Village Attorney.
Ord inance NO. S-- 5..,.2
815 Cow*roe Drive
Page
C. That the owners of the subject property bring the subject premises
and building located thereon into oonformanoe with the Fire
, A Prevention Code of the Village of Oak Brook,
Section 5: That this ordinance shall be in full force and effect from and
after i s passage and approval pursuant to lax.
Passed this 22 day of November . 1983.
i
Ayes: Trustees Imrie Maher Philip and Watson
Nays: 'trustees Listecki, Rush
Absent:President Cerne
Approved this 22 day of November 1983.
age es en
ATTEST:
-VUlage Clerk
Approved as to form:
i
age ttorney
E X H I B I T "All
Lot 3 in Oak Brook Development Company's Commerce Plaza
Subdivision Unit Two being a subdivision of part: of Lot 1
r
in Butler Company Mi-1 Inca Assessment Plat Ito. 1 of parts
of Sections 23 and 24, Township 34 North, Range 11, East
of the Third Principal Meridian, in DuPage County, Illinois.
Permanent Parcel No. 06-23-407-004
At
E X H I B I T +eA" Page 1 of 1
W 1 T1+ S- 5101,0 2/8
DECLARATION OF LANDSCP PING
• EASEMENTS, RESTRICTIONS AND COVENA
APR 2 7 994
VILLAGE OF OAR BROOK,
This Declaration dated this day of A929n:L PWWFRM 09PT,
made .and entered into by LaSalle National Bank, a national banking
association, not personally, but solely as Trustee-under Trust Agree-
ment dated and kno%:n as Trust No. 107194
(hereinafter refer ed to as "Declarant") :
RECITALS
A. Declarant is the owner of the real estate commonly C coo
known as 815 Commerce Drive in the Village of Oak
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Brook, DuPage County, Illinois, (hereinafter referred C")M -F.-
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to as the "Premises") the legal description of which C Cm
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is set forth in Exhibit A attached to and made a part cn
of this Declaration.
B. The Village of Oak Brook thereinafter referred to as
the "Village") by Ordinance 5-512 approved November
22, 1983, granted certain variations from the Village
Zoning Ordinance G-60 as amended, all as mo re partic-
9'0 ularly set forth in said Ordinance 5-512, which vari- W
` .4. 0 ations were granted upon the following condition among o
' others as set forth in Section 4 of said Ordinance 5-512.
o a o
•�' ca '"' "B. That the owner of the subject property execute
o and del,iv�r to the Village a covenant convenanting
0.0 °VQ the installation, maintenance and replacement, if
r�-t ¢° E, necessary, of landscaping in all yards, including
Wo •° landscaping in the front yard sufficient to provide
IdED f�.' for permanent year-round screening of the parking
area from the public street. Said covenant shall
be in form and substance acceptable to the Village
as approved by its Village Attorney."
C. Declarant wishes to subject the Premises to the required
`� covenant;
NOW THEREFORE, Declarant hereby declares that the Premises
described in Exhibit A hereto are and hereafter shall be trans-
ferred, held, sold, conveyed and accepted subject to this Decla-
ration.
Declarant does hereby further declare that the following
ri.gnts, easement, covenants, restrictions, conditions, burdens,
uses, privileges, charges and liens shall; (1) be binding upon
and inure to the benefit of each owner of the Premisesf and (2)
run with the land subject to this Declaration, to be held, sold
and conveyed subject thereto.
Section 1. Prior to June 1, 1984, Declarant shall have
caused the berms, trees and other plantings set forth in the
landscape plans and specifications prepared by Oak Brook Land-
scape Company dated October 20, 1983, to be completed and planteed
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on the Premises, a copy of which is attached hereto as Exhibit CD
B and made a part thereof. e
Section 2. Such berms, trees and other plantings shall 4W
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be maintained and replaced as necessary by Declarant and by the
subsequent owners from time to time of the Premises so long as
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said variation shall continue in effect.
Section 3. Upon written notice from the village of Oak
Brook that the landscaping in the front yard does not at any
time reasonably provide year-round screening of the parking area
from the public street the then owner of the Premises shall with-
in thirty (30) days after receipt of such notice furnish the
Village with plans and specifications for additional landscaping
which will provide such screening, and within sixty (40) days
after the approval b y 9 the Village of such plans and specifications •,,
which approval will not be unreasonably withheld, will cosPlete
the landscaping described in said plans and specifications.
Section 4. if any owner shall fail (a) to complete prior
to June 1, 1984, or (b) to maintain thereafter the landscaping
in accordance with the plans attaehrd as Exhibit 8 to the reason-
able satisfaction of the Village or (c) to submit plans and speci-
fications required under Section 3 hereof within such thirty (30)
day period, the Village shall have the right ti) in the event
satisfactory plans and specifications shall not have been submitted,
to provide such landscaping as it shall deem necessary, or (ii)
in the event plans and specifications have been submitted and
approved, to complete, repair, replace or maintain berms and co
plantings so as to cause such landscaping to conform to. the land- =a
scaping described in said approved plans and specifications. The
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then owner of the Premises shall, in any case, reimburse the Village '
CD
for all costs which it may incur in performing such work. In the
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event such reimbursement is not made in full within thirty (30)
days after submission by the Village of a written request therefor,
the Village shall have a lien upon the Premises to secure payment
of the amount due it.
Section S. The Village is hereby granted such easements of
access to the Premises as shall be reasonably necessary to in-
spect all landscaping required hereunder and to construct' install,
plant and maintain such landscaping including berms, trees and
other plantings as it shall have the right to construct, install
or plant under this Declaration.
Section 6. Notices to Declarant shall be personally do
livered or served by certified or registered mail addressed as
follows: LaSalle Mortgage 6 Realty CO, , Inc.
2301 22nd Street, Suite #304
Oak Brook, IL 60521
Att'n: Alvin Goldstein
or to such other address or addresses as shall be designated by
notice similarly given. Each such notice shall be deemd served
as of its postmark date or when personally delivered. Notices to
subsequent owners shall be addressed to the then current real estate
tax assessee or to such address as shall be communicated in writing tm,
as above by a subsequent owner to the Village of Oak Brook at Min
1200 Oak Brook Road, Oak Brook, IL 60521, marked to the attention a
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of the Village Manager. CD
IN WITNESS WHEREOF, Declarant has caused this instrument to �^
be executed by its officers thereunto duly authorized as of the
day and year above written.
GRANTOR: LASALLE NATIONAL BANK,
no personally but solely
as Trustee under Trust
Agreement dated
and known as Trust a
. By;
TES A rA1R
�r efitary
GRANTEE: VILLAGE OF OAK BROOK,
DuPage and oka esa
Illinois unit rporation
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By:
jo
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age 'Clerk
• STATE OF ILLINOIS }
• } SS.
COUNTY OF COOK }
11 A" BR OOM , a Notary Public in and for
the County a i SUa—te—aforesald. DO rowr EBY RTIrY, that '� A.
-`r Vice President of • , and �►
Secretary thereof, persona y nown to me to btu a sauce per-
s ns w nose names are subsec bed to the foregoing instrument as such
A* Vice President and Secretary, respectively, appeared
o re me this da,y in person an acknowledged that they signed and
delivered the said instrument as their own free and voluntary act„
and as the free and voluntary act of said Bank, for the uses and pur-
poses therein set forth: and the said Secretary did also then
and there acknowledge that he as custo n of 'the corporate seal of
said Bank did affix the said corporate seal of said Bank to said in-
strument as his own free and voluntary act, and an the free and volun-
tary act of said Bank for the uses and purposes therein set forth. 40
400
IVEN under my hano and Notarial Seal, this Ax day of e„
l9 S '• p
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o y u :
My Cow%saion expires an lu�ust ����
STATE OF ILLINOIS )
} Ss.
COUNTY OF )
I, the undersigned, a Notary public in and for the County a d
State aforesaid, AO HEREBY CERTIFY, that the above named "
and MRS Lemke+a j of the Village of O ,
peY known to sae to be the same persons whose names are sub:
scribed to the foregoing instrument as such l,� 6 . d
and Village Clerk, respectively, appeared before me s n
person and acknowledged that they signed and accepted this said
instrument as their own free and voluntary act and as the free
and voluntary act of said Municipal ty for the uses and purposes
therein not forth and the said then
and there acknowledged that said . + e� t '
of the seal of said Municipality, caused a corporate i'ej of saMunicipality to be affixed to said instrumeent as ,said
own free and voluntary act and as the free„ and voluntae= o s�sa flG
Municipality, for the urea and purposes #hwrel,n not fo
GIVEN under my hand and Not- al Beea1, this d+�► ,1�f
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RXHIRIT A
LOT 3 IN 04 SIM DZVELOFH W COWAM IS COMMERCE PLAZA
SUIDIVISION, UNIT 2, NEING A SMIVISION OF PART OF LO'I I IX
BUTUR COWANT !MI INCORPORATED ASSESSMENT MAT PD. I OF
FARTS OF SECTIONS 23 AND 26, TONNSHIP 39 50478, RAM II,
EAST* OT T!Z THIRD PRINCIPAL HERIDIM, AC 1M TO THE PUT
THEREOF RECORDED JUNE 28, 1968 AS DOC=WT 16$-27671, of
DUPAGE COUNTY, ILLINOIS.
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