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G-198 - 08/24/1976 - ZONING -VARIATION - Ordinances ORDINANCE NO. AN ORDINANCE GRANTING A VARIATION FROM SECTION XI, E, 7 OF ORDINANCE NO. G-60, AS AMENDED, THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK, TO THE TERRITORY ADJACENT TO THE EAST SIDE OF 1818 SWIFT DRIVE, OAK BROOK, .ILLINOIS. WHEREAS, the territory described in Exhibit A hereto is located within the Village of Oak Brook, DuPage and Cook Counties, Illinois; and WHEREAS, said territory is within an ORA-1 Office-Research- Assembly District as established by Ordinance No. G-60, as amended, the Zoning Ordinance of the Village of Oak Brook; and WHEREAS, the owner of said territory, Osbrook Properties, Inc. , has petitioned for a variation to Section XI, E, 7 of the aforesaid Ordinance No. G-60, as amended, pursuant to Section XIII, G of said Ordinance; and WHEREAS, the Zoning Board of Appeals of the Village of Oak Brook held a public hearing on August 3, 1976, pursuant to the statutory public notice, to hear testimony concerning the afresaid petition; and WHEREAS, the Zoning Board of Appeals has recommended that the requested variation be granted based on its findings that the plight of the owner is due to unique circumstances resulting from the location of the prop- erty and that the subject variation will not alter the essential character of the locality. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois, that: SECTION 1: The provisions of the preamble hereinbefore set forth are hereby restated herein as though herein fully set forth. SECTION 2: A variation from Ordinance No. G-60, as amended, Section XI, E, 7 is hereby granted to the territory described in Exhibit A hereto and commonly known as adjacent to the east side of 1818 Swift Drive, Oak Brook, Illinois, to permit the location of parking spaces which, when added to the parking spaces located in the front yard of the adjacent lot to the west, as permitted by Ordinance No. S-271, will total not more than 298 parking spaces. SECTION 3: It is a condition of the variation granted by this Ordinance that no parking spaces shall be located in the North One Hundred Feet (1001) of the territory described in Exhibit A hereto. Attached hereto as Exhibit B is a diagram of the prohibited parking area for the adjacent lot to the west and the territory described in Exhibit A hereto, as required by Ordinance No. S-271 and this Ordinance, respectively. �l SECTION 4: All ordinances, rules, and regulations of the Village of Oak Brook which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of the conflict and as they apply to the property hereinbefore described. SECTION 5: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such determin- ation shall not affect the validity of any remaining portion of this Ordinance. SECTION 6: This Ordinance shall be in full force and effect from and after its passage and approval as by statute in such case made and pro- vided. PASSED and APPROVED by the President and Board of Trustees of the Village of Oak Brook this day of 1976. t� APPROVED: r� J err �y� _.Y.�<•...'_�i ...,rte°"", `_President ATTEST Village Clerk t AYES: NAYS: Q ABSENT: APPROVED AS TO FORM: i, Village Attorney Filed in the Office of the Village Clerk and published in pamphlet form by authority of the President and Board of Trustees of the Village of Oak Brook this day of r' �;• ��r�.t 1976. Village Clerk -2- EXHIBIT A The west 265: 68 feet of Lots 2 and 3 in Oak Brook Development Company's Subdivision No. 5 of part of Lot 1 in Butler Company M-1, Inc. Assessment Plat #4 in Southeast quarter of Section 24, Township 39 North, Range 11, East of the Third Principal Meridian, according to the plat of said Oak Brook Development Company's Subdivision No. 5 recorded November 13, 1972 as Document R 72-69100, in DuPage County, Illinois. CID J.1c I Homed r 'aN 1'{GI a.1/�1C}�l"rr (yZS�I-i1.c�4N s•©� .LT`irbV�c!o'�7�/�.:�`C� 7ico�� °I`=.'+o " . j�101 c►Q�ftS 7� 07 .�-hNIQ"lifl� HX3 `-�N 1151X� O O , 1 4 - t Village of -0a k Brook 1200 Oak Brook Road s i Oak Brook, Illinois 60521 N 0 T I C E Thursday, EXECUTIVE SESSION, Board of Trustees, closed meetinc* 0 June 17, 1976 Village Commons U o 7'3,1 G Upper Level Conierence Roo:1 Agenda: Legal Monday, REGULAR PLAN COI'fi'IISSIOi; MEETING June 21, 1976 Village Commons - Samuel E. Dean Board Room 7:30 Agenda 1. Roll Call 2. Approval of Minutes 3. Butler Company - .Variation & Special Use .- Parking (Gazebo) . 4. Riccardo Nunziati - Resubdivision & .Variation 5. • Preliminary Report - Comprehensive Questionnaire Monday, EXECUTIVE SESSION, Board of Trustees, closed meeting 7:30 June 21, 1976 Village Commons, Upper Level Conference Room Agenda: Legal Tuesday, EXECUTIVE SESSION, Board of Trustees, closed meeting 6:30 June 22, 1976. Village Commons, Upper Level Conference Room Agenda: Personnel Tuesday, REGULAR. BOARD OF TRUSTEES MEETING 7:30 June 22, 1976 Village Commons .- Samuel E. Dean Board Roo_.. Tuesday, - REGULAR. ZONING BOARD OF APPEALS MEETING 7:30 July 6, 1976 Village Commons - Samuel E. Dean Board Room_ Agenda 1. Roll Call 2. Approval of Minutes 3. Butler Company - Variation & Special Use- Parking 4. Riccardo Nunziati - Resubdivision & Variation Monday, COMMITTEE-OF-THE-[,'HOLE MEETING, Board of Trustees 7.30 P July 12, 1976 Village Commons - Lower Level Conference Room Tuesday, REGULAR BOARD OF TRUSTEES MEETING 7:30 P July 13, 1976 .Village Commons, Samuel E. Dean Board Roo:a Items #3 & A on Zoning Board agenda published in the Oak Brook DOINGS on June 17, 1976- I E T ask 0 G � CF �, COUN VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS August 26, 1976 654-2220 Osbrook Properties, Inc. 5725 East River Road Chicago, Illinois 60631 Attention: Mr. Jeffrey Schaffer Dear Mr. Schaffer, The village board at their meeting of Tuesday, August 24, 1976 passed and approved Ordinance G-198 granting a variation from Section XI, E, 7 of Ordinance G-60, as amended, to permit the location of parking spaces which, when added to the parking spaces located in the front yard of .the adjacent lot to the west, as permitted by Ordinance 5-271, will total not more than 298 parking spaces. Attached hereto you will find copy of the ordinance. Please contact our Inspection Bureau for necessary permit and plan review. Re pectfully yours, Ken eth G. Carmignani,' Village Manager KGC/ls att. cc Bureau CKILD A. Bid Recommend at ayement Reconstruction - *Road/Rose Court V d ✓WY Seven bids were opened Aug ust 3, 1976. Trustee Congreve moved - seconded by Trustee Rush. . . To award the contract for Harger Road/Rose Court Pavement Reconstruction to Robert R. Anderson Company in the total amount of $84,094.80. Roll call vote: Ayes: Trustees Brown, Cerne, Congreve, Glaves, Philip, Rush, and President Howell Nays: None Absent: None So ordered. B. Butler Company (Gazebo) Variation Special Use - Parkin The Plan Commission on July 19, 1976 and the Zoning Board of Appeals on August 3, 1976 recommended denial of the request for a Special Use and a variation to allow for parking on Lot 5 of Village Green Subdivision to serve the Gazebo Hair Design at 1308 Oak Brook Road. Trustee Brown moved - seconded by Trustee Cerne. . . On the basis of the recommendations of the Plan Commission and the Zoning Board of Appeals that the request for parking on Lot 5 of Village Green Subdivision be denied. Roll call vote: Ayes: Trustees Brown, Cerne, Congreve, Glaves, Philip, Rush, and President Howell Nays: None Absent: None So ordered. C. George J. Birkhahn - Variation (3312 South York Road) Zoning Board of Appeals recommended approval on July 3, 1976 for an addition to an existing non-conforming garage. Trustee Brown moved - seconded by Trustee Rush... Based upon the recommendation of the Zoning Board of Appeals, that the side yard variation of three (3) inches on the south and nine (9) feet on the north be approved and authorize the Village Attorney to prepare the required ordinance. Roll call vote: Ayes: Trustees Brown, Cerne, Congreve, Glaves, Philip, Rush, and President Howell Nays: None Absent: None So ordered.. D. Osbrook Resubdivision On July 19, 1976 the Plan Commission recommended approval subject to letter of Village Engineer dated July 14, 1976. The attorne for the petitioner Y P agreed to all of the engineer's recommendations, except to indicate building lines and to file for a Plat of Resubdivision making a single lot of the Osco properties. Trustee Brown moved - seconded by Trustee Philip. .. To approve the Osbrook Resubdivision with the stipulation that all of the Plan Commission recommendations be included on the Plat with the exception that a legend be inserted on the Plat of Resubdivision indicating that if Lot 2 of the Osbrook Resubdivision were developed in conjunction with Lot 1 of the Oak Brook Development Company, Subdivision #5, that the building setback lines along the west line of Lot 2 of the Osbrook Resubdivision would not apply. Further there shall be a parking restriction extended thru Lot 2, 100' south of the north property line. Roll call vote: Ayes: Trustees Brown, Cerne, Congreve, Philip, Rush, and President Howell Nays: Trustee Glaves Absent_: None - So ordered. E. Osbrook Properties, Inc - Variation (Blistex/Singer) On August 3, 1976 the Zoning Board of Appeals recommended approval of the request to allow parking in the front yard of Lot 2 of Osbrook Resubdivision. The east side of the property determined to be the front yard and on January 23, 1973 a variation was granted to allow 224 parking spaces in front of the building. Pin ''?0v s Coln P(J in T Y'il Page 4. Minutes of August 10, 1976 V. OLD BUSINESS (continued) E. Osbrook Properties, Inc. - Variation (Blistex/Singer) Based upon the recommendation of the Zoning Board of Appeals that a variation be granted for parking in the front yard with the stipulation that no additional spaces be permitted west of the existing parking line in accordance with Exhibit "C", and that the Village Attorney prepare the required ordinance. Roll call vote: Ayes: Trustees Brown, Cerne, Congreve, Glaves, Philip, Rush, and President Howell Nays: None Absent: None So ordered. F. Robert Vorel - Variation - 9 Kimberley Circle Recommendation of Zoning Board of Appeals on August 3, 1976 to approve a variation for a tennis court to cover an additional 18% over the permitted 30% of the rear yard. Trustee Brown moved - seconded by Trustee Congreve. . . Based upon the recommendation of the Zoning Board of Appeals , that the variation for the tennis court to cover 48% of the rear yard be approved, and authorize the Village Attorney to prepare the required ordinance. Poll call vote: Ayes: Trustees Brown, Cerne, Congreve, Glaves, Philip, and President Howell Nays: Trustee Rush Absent: None So ordered. G. Plat of Dedication for:Right-of-Way - Enterprise Drive and 22nd Street To satisfy the request of the Illinois Department of Transportation and The Federal Highway Authority for area to be occupied by improvements as part the FAUS project along 22nd Street. Trustee Congreve moved - seconded by Trustee Rush. . . That the dedication of part of Lot 16 of Central Industrial Plaza Subdivision (725 Enterprise Drive) as presented be approved. Roll call vote: Ayes: Trustees Brown, Cerne, Congreve, Glaves, Philip, Rush, and President Howell Nays: None Absent: None So ordered. VI. NEW BUSINESS A. Oak Brook Park District - Request -Waiving of Fee for Building Permit Request from Oak Brook Park District to waive fees for expansion of Racquet Club at 1300 Forest Gate Road. Trustee Brown moved - seconded by Trustee Rush. . . That the permit fees for the expansion project of the Oak Brook Park District Racquet Club be waived. Roll call vote: Ayes: Trustees Brown, Cerne, Congreve, Glaves, Philip, Rush, and President Howell Nays: None Absent: None So ordered. B. Hunter Trails West - Request - Temporary Building Permits Two (2) requests were received for building permits to be issued for residences to be built in the Hunter Trails Subdivision prior to public improvements being completed. Petetitioners are Robert E. Hutchens, owner of Lot 81 , and M. G. Mitchell owner of Lot 70. Trustee Brown moved - seconded by Trustee Congreve. . . -4 - (ron.ti Clued) ;., �w,�, I X +? s �� ► d LV +t / F . k pp k i k f r i { j i 1 I � j4 i { i ) i 1 1 f t i � i f I I 1 i i { I I I � I . � i r UvA n � r T P�°p°�rP "T Y FAff';�en, 0 RECEIVEO JUL 0 21976 WAGE -� - z � • VILLAGE OF OAK ER016 PLAN COMMISSION File: _— -- Date of Meeting July 19, 1976 Applicant : OSBROOK PROPEfffIES, INC. Plat of Re-subdivision./Variations Address City, State : Tel . No . Prior Hearing: Yes No Relief .Sought: Preliminary Plat Final Plat Rezoning Special Use . Other Decision: _ Recommended Approval Recommended Denial Continued Wi thdratm Other ResubdiV_ision Moved that the Plan Comission recommezid to the Village Board approval of the- Lion: Osbrook Re-subdivision as submitted with the understanding; that :items 1 through �f�he Ie�tex roml:ix=:�Li��?eton, cia�ecrJii_Cy��, including four building. lines on Lot ##2 as is customary; and further that if Jett-,Tel-Osco the Osbrook Resubdivisi_on as one parcel for purposes of development they should apply -d1iUL111 h- ttre-�as�;mry-�hanrr�ls-for-�r-res°tzbuiz�isiorrirrto-tric of-ate reedrd: MEMBERS: ABSENT PRESENT YES NO AB8TAI � Chairman Barton x John Bot�nan x -- -- �� Robert. J'iste'cki x �(�x _ B. Jack Noyes x —� x , Barbara _Re molds x -~ L_ x Harold Scott _ _ x x Y. Crim— r C� arquarc t Recommendation of Staff: _ Date: Referred to Date . Respectfully yours, Chairm�in, Plan Commission Date : • i 3 -'a • July 19, 1515 OS BROOK PnO PERTYES, Inc. plat or ivision/va •iation Mr. 01yonlef attorney for Blistex and Jeffery Schauer, j attorney for Osco, the attorney for Osbrook Properties Inc . , ajong with t.he Vl,, Prosident of Blist,,; nick wore Present . Green Mr. O ' Tooloj reprosoDting Bli.t., stated that this is a POOPOSed •e• subdivision Of lots 2 and 3 in Oak Brook Developil-iont Conpany' s subdivision X5 J/ said lots being located west of and fronting onto the northernmost extens Swift Drive. ionu of It Vos pointed out that with • Ns rosubdivision JetcO Properties, Inc, will hold title to the vest 265 . 68 feet Of lots 2 and 3, and Blistex, Inc. will hold title to the remainder of said lots , be f"'St" s PrOP03QddcveIopmqnt Would located WhOIQ Within Lot details as 1 Of the ro-subdivisjon. F.Uh., the Village to the re--subdivision are spelled out in a letter to Clerk of pak Brook Jeffrey K. Schaffer I dated June 30, 1976 from " I attorney for NCO Drug, Inc . , Osbrook. Properties, Inc . and Jc• cO Propertjes, Inc. Attached . Mr- Schaffer stated that he felt that this Coul(l be considered One lot but two recovaed subdivision lots . He also stated that he has coiversqt and that 1,11,. )3iUjjj�cc:j_ E 'Ons Vith Mr. Dianucci. as one lot . lIs o f Olt that this could be consideree, Mr. Schaffer was asked if at a Inter date he pauld be "illing to Come back "ing for a >; r' into onf lot . Mr. Schaffer stated that he could not answer tha• question without talking to the Other Principals involved . Cbairnan Scott then reviewed the r A . Little'ton, the Village Blnyneer, emo from Charles point by poin, . July jl� Attached . 9 7 61$ Point I . Trr- Schaffer stated that they Will be 17:11-ling to show building lines on the north, South cast sides but not the vest: Point Agreed Point 3 . Agreed Point 4 . Th ey have d i el a s fr°aIa 1.l Utilit , cOmPnnios but �ot yet from the village of 0.k Brooli. Point 5 , As is 5pelloo out in Nr. SchAff fer30, ns :Letter June 19y' tbc! care willing to rf-_Cord an for the buncy"t of the PrOPOsod Lot -2 in tjt� re-nabaivision to povMit Occess fron saja lot to SwiPt Drive . This casement will lie along foot Ujac the 35 existing driveway bUwccn Quo ' s bulldjn�� 'Ind parking lot 10,, t,0 on Lot 1 to th, -:i Y E-1 0 Page 4 of 9 pages July 19, 1976 Point 6. They are willing to grant any utility easement that is necessary. Point 7. No problem with this. Point 8. Do not do anything - Commission agreed. After considerable discussion the following motion was made: Member Reynolds moved that the Plan Commission recommend to the Village Board approval of the Osbrook Re-subdivision as submitted with the understanding that items 1 through 7 of the letter from Mr. Littleton, dated July 14, 1976 will be complied with, including four building lines on Lot #2 as is customary; and further that if Jewel-Osco wishes to utilize Lot #1 of the Oak Brook Development Co. Subdivision #5 and Lot #1 of the Osbrook Re-subdivision as one parcel for purposes of development they should apply through the customary channels for a resubdivision into one lot of record. Motion seconded by Member Noyes. Attorney Schaffer was concerned with the motion. Voice Vote: Ayes: Listecki Nays: None Noyes Absent: Bowman Scott Barton Reynolds Marquardt Motion carried unanimously. OC'U VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS July 14, 1976 654-2220 Memo to: Plan Commission Re: Osbrook Resubdivision I have reviewed the Osbrook Resubdivision Plat and have the following comments : 1. Building lines should be noted on the plat. 2. The italicized words in the Commonwealth Edison Company and Ill . Bell Telephone Company easement provisions should be deleted. 3. Ten (10' ) foot public utility and drainage easements should be provided along the westline of lot 1 and eastline of lot 2. 4. Consideration should be given to obtaining disclaimers for the existing ten (10' ) foot utility easement along the westline of lots 2 and 3, Oak Brook Development Subdivision #5. 5. As long as lot 1 of Oak Brook Development Company Subdivision #5 and lot 2 of Osbrook Resubdivision are under the same ownership access to lot 2 is not a problem. If the ownership of either lot changes, lot 2 becomes land locked and a access easement will become necessary. 'This easement should be provided at this time. Lot 1 is not adjacent to dedicated right of way. 6. Lot 2 does not have water, sanitary sewerage or storm sewerage service except through the services serving lot 1 of Oak Brook Development Subdivision #5. A twelve (12") inch water main is scheduled to be constructed along the northline of Osbrook Resubdivision. Storm water detention must be provided at the time of building and/or parking lot construction on both lots. 7. Street trees along Swift Drive should be considered. 8. There is a seventeen (17' ) foot parkway on Swift Drive which provides adequate space for a straight bicycle path. If a curved path is contemplated an easement should be acquired along the eastline of lot 1 . Resp tfu1 ly s tSm-`i tted, Charles A. Littleton, P.E. Village Engineer CAL/ee 1 Page 4 • •Minutes of July 13, 1976 VII. NEW BUSINESS _ A. Scavenger License Transfer Trustee Congreve moved - seconded by Trustee Brown. . . To authorize release from the contract between Healthway Rubbish Disposal and the Village of Oak Brook upon written request of said release from said company. Roll call vote: Ayes: Trustees Brown, Cerne, Congreve, Glaves, Rush and President Howell. Nayes: None Absent: Trustee Philip So ordered. Trustee Congreve moved - seconded by Trustee Cerne. . . In the best interests of the Village of Oak Brook, to deny the request of Waste Management for a Scavenger License and allow Oak Brook Disposal and Elmhurst Trucking to expand their contracts to service the customers now serviced by Healthway at such time as Healthway submits written notice requesting cancellation of their license. Roll call vote: Ayes: Trustees Brown, Cerne, Congreve, Glaves and Rush Nayes: None Absent: Trustee Philip Abstain: President Howell So ordered. B. Well Request - L. Madda Trustee Congreve moved - seconded by Trustee Brown. . . That the request for a well for lawn sprinkling purposes only be approved. Roll call vote: Ayes: Trustees Brown, Cerne, Congreve, Glaves, Rush and President Howell Nayes: None Absent: Trustee Philip So ordered. C. Authority to Bid - Harger Road-Rose Court Trustee Congreve moved - seconded by Trustee Rush. . . To authorize advertising for bids for pavement reconstruction for Harger Road and Rose Court, with bids to be received until 11 AM on August 3, 1976. Roll call vote: Ayes: Trustees Brown, Cerne, Congreve, Glaves, Rush and President Howell Nayes: None Absent: Trustee Philip So ordered. D. Well Request - Leonard Lojewski Trustee Congreve moved - seconded by Trustee Glaves. . . That the request for a well as presented be approved with the stipulation that connection to the Village water system be made when it is available. Roll call vote: Ayes: Trustees Brown, Cerne, Congreve, Glaves, Rush and President Howell Nayes: None Absent: Trustee Philip So ordered. E. George J. Birkhahn - Variation Referred to Zoning Board of Appeals August 3, 1976. F. sbrook Properties, Inc. - Plat of Re-Subdivision and Variation Referred to Plan Commission July 19, 1976 and Zoning Board of Appeals August 3, 1976. o P 3 • Moes of July 13, 1976 V. QUARTERLY REPORTS (continued) B. Fire Department Trustee Rush moved - seconded by Trustee Brown. . . That the report of the Fire Department as submitted be approved. Voice vote - all in favor So ordered. C. Bureau of Inspection Trustee Congreve moved - seconded by Trustee Cerne. . . That the report of the Bureau of Inspection as submitted be approved. Voice vote - all in favor So ordered. D. Library Trustee Cerne moved - seconded by Trustee Congreve. . . Voice vote - all in favor So ordered. E. Police Department Trustee Rush moved - seconded by Trustee Cerne. . . That the report of the Police Department as submitted be approved. Voice vote - all in favor So ordered. F. Public Works Department Trustee Congreve moved - seconded by Trustee Brown. . . That the report of the Public Works Department as submitted be approved. Voice vote - all in favor So ordered. VI. OLD BUSINESS A. Riccardo Nunziati - Resubdivision & Variation On June 21, 1976, the Plan Commission recommended approval of Nunzi.ati's Resubdivision, with a fifty feet setback for the western portion of lot one and waived the requirements for street lights and sidewalks. On July 6, 1976, the Zoning Board of Appeals recommended approval of the variation request to allow the two acre lot requirement to be reduced by .025 acres on lot two. Trustee Brown moved - seconded by Trustee Cerne. . . Based upon the findings of the Plan Commission and the Zoning Board of Appeals, that Nunziati's Resubdivision be approved and that a variation to allow a reduction in Lot Area for lot two to 1.975 square feet be approved and that the village attorney prepare an ordinance. Roll call vote: Ayes: Trustees Brown, Cerne, Congreve, Glaves, Rush & Pres. Howell Nayes: None Absent: Trustee Philip So ordered. B. Wellhouse #5 Trustee Congreve moved - seconded. by Trustee Cerne. . . That H. James Hestrup be authorized to proceed with the design of the modifications to Wellhouse 115 in an amount not to exceed $1,800.00. Roll call vote: Ayes: Trustees Brown, Cerne, Congreve, Glaves, Rush and President Howell Nayes: None Absent: Trustee Philip So ordered. July 9, 1976 Dear Resident, The Oak Brook Zoning Board of Appeals and Village Board and Plan Commission, if necessary, will be considering a: Zoning Amendment X Resubdivision Variation at their meetings scheduled on the reverse side of this notice. Please refer to the schedule for time, place and dates of meetings. The application has been filed by: Osbrook Properties (Name of applicant 5725 East River Road, Chicago, I1 . 60631 Address Osbrook Properties name of property Lo cation: Lots 2 and 3 in Oak Brook Development Company's Subdivision r5 (1818 Swift Drive, Oak Brook, Il . ) A map of the area has been reproduced to assist you in determing your relation- ship to the property in question. The specific action being requested is as follows: To resubdivide two lots from a east-west direction to a north- south direction. If you desire more detailed information, we would suggest that you contact the Inspection Bureau located in Fire Station 1 , at 1212 Oak Brook Road, Oak Brook, Illinois to review the file on this application. Re pectfully yours , Ke meth Carmignani Village i Manager KGC/1s (over) All meetings are held in the Samuel E. Dean Board Room of the Oak Brook Village Commons on Oak Brook F* (31st Street) and Spring R Oaf; Brook, Illinois. PLAN CO4`'M I S S I OiN MEETING 7:30 P.M., MONDAY July .19, 1976 ZONING BOARD OF APPEALS MEETING 7:30 P.M., TUESDAY August 3, 1976 BOARD OF TRUSTEES MEETING 7:30 P.M., TUESDAY July 13, 1976 August 10, 1976 August 24, 1976 BOARD OF TRUSTEES MEETING 7:30 P.M.. TUESDAY (ORDINANCE APPROVAL) MAP OF AREA 1 4 ,ot 3� f =� �i.... Jewel lot 2 Osco :c, kT�-- ' -1 fo`'__ � •\ t,l`4� ' � � ..--_ sus=�.n. ,,. L i Osco Drug, Inc. Operating Osco Drug, Republic Lumber and Turn*Style Stores 1818 Swift Drive Oak Brook, Illinois 60521 Area Code 312 Direct Line June 30, 1976 The Village Clerk Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60521 RE: I. Applications for Zoning Variations: Blistex, Inc. and Osbrook Properties, Inc. (Joined by Osco Drug, Inc. and Jetco Properties, Inc.): II. Application for Re-subdivision: The Singer Company and Blistex, Inc I Gentlemen: Enclosed herewith is an application for re-subdivision of Lots 2 and 3 of Oak Brook Development Company's number 5 plat of subdivision recorded November 13, 1972 as document R72-69100. The purpose of this letter is to attempt to summarize for the Village the total project contemplated for Lots 1, 2 and 3 of the aforesaid subdivision. At present, the title holder of Lot 1 is Osbrook Properties, Inc. an affiliated real estate corporation of Jewel Companies, Inc. Osco Drug, Inc. , a wholly-owned subsidiary of Jewel Companies, Inc. , is presently occupying an existing two-story office building containing approximately 82,000 square feet of floor space on said Osbrook premises, under a long-term lease. Blistex, Inc. and Singer Company are the current title holders of Lots 2 and 3 respectively of the aforesaid subdivision. At this time, it has been agreed between Singer, Blistex and Osco that upon the granting by the Village of Oak Brook of a parking variation to Osbrook Properties, Inc. and a loading dock variation, if necessary, to Blistex, Inc. and approval of the enclosed plat of re-subdivision in accordance with all applications, therefor, that Singer will sell its parcel to Jetco Properties, Inc. , a corporate nominee of Jewel Companies, Inc. and Blistex, Inc. will sell to Jetco Properties, Inc. , the west 265.68 feet of Lot 2. Jetco, in turn, will sell to Blistex that portion of Lot 3 lying east of the west 265.68 feet of Lot 3 (said Lot 3 being the parcel it had obtained from Singer) . -2- The net result of the above, is that Jetco Properties, Inc. will hold title to the west 265.68 feet of Lots 2 and 3, and Blistex, Inc. will hold title to the remainder of said Lots. While Osco does not have present specific plans for expansion, future expansion eastward is contemplated so that its total development will lie within the confines of a development parcel consisting of Lot 1 of the aforesaid Oak Brook Development Company subdivision number 5 and Lot 2 of the proposed re-subdivision. Blistex's proposed development would be located wholly within Lot 1 of the re-subdivision. As the attached letter from Osbrook Properties, Inc. indicates, it shall if required by the Village of Oak Brook and within five days of final approval of the Village Board of the plat of re-subdivision, grant to and shall have recorded an easement for the benefit of the proposed Lot 2 in the aforesaid re-subdivision to permit access from said lot to Swift Drive. This easement will lie along the 35-foot wide existing driveway between Osco's building and parking lot located on Lot 1 to the west and Swift Drive to the east. In the event there are questions regarding this development, please do not hesitate to contact the under- signed. Very truly y,urs, r � p i X Jeftr�ey K. Schaffer A�tc�r.pey for: Osco Drug, Inc. Osbrook Properties, Inc. Jetco Properties, Inc. JKS:dg Enclosure 't PLAT Ur SUBDIVISION AI)PLICATIO`t ;Name of Applicant BLISTER, INC. Tele.No_ (312) 654-2870 Address 700 Enterprise Drive City Oak Brook State Illinois 60521 (zip) Owner of Record. Applicant _ Tele.No. (312) 654-2870 Address Same as above City State' (zip) Name of Applicant THE SINGER COMPANY Tele.No. (212) 581-4800 Address 30 Rockefeller Plaza City New York Stat 0 `—`-- (zip) Owner of Record Applicant Tele.No. (212) 581-4800 Address Same as above City State (zip) General location or address of property Proposed re-subdivision is of lots 2 & 3 in Oak Brook Development Company's subdivision #5 said lots being located- west of and fronting onto the northernmost extensions of Swift Drive R 7/ Received by: - 1 1-7 50, � (Village Clerk) (Date) (Amount) ALL APPLICATIONS MUST BE ACCO'N?PANIED BY PROPER FEE AND (15) COPIES OF PROPOSED SUBDIVISION. FILING FEE: Preliminary Plat $ 15.00 (min. or $1.00 per/J Final Plat $ 50.00 (+ plan review and ins ction fees) A IL TO: Village Clerk BLISTPNC Village of Oak Brook BY �f 1200 Oak Brook Road Vice-Preside t Oak Brook, 111. 60521 THE SINGER COMP S/Q kic President f (Signature' ,t�f app .ic no ---------------------------------------------- ------------ ---t--- _-- __-- APPLICANT SHOULD BE PRESENT AT rIEETINGS CHECtiED: Board of Trustees Meeting 7: 30 P.M. Tuesday -711317 Plan Co�rLmission Meeting 7: 30 P.M. i-Ionday '7// 71' r Cr t t- .. c 4S .-. 1 �'� �.i ;,-�:•r-•� r C3 l 10176 �t'3C��CI G . PLUS� F'.�_� 1. rlri 1 _ �0 .i._ 1. ,.., _--- '� •. SUBDIVISION INFORi•1aL 1 . !.treat is the land use and zoning for adjacent property r Zoning District Land Use • t North R-3 and R-4 Residential and Vacant ; South ORA -1 Office, Research, Assem ly East ORA -1 Office, Research, Assem ly West ORA -1 Office, Research, Assem ly 2. Identify structures and other improvements on the property. - Vacant - - 3. Flood Plains: None sq. feet are under .Flood Plain Ordinance and are graphically depicted on attached plans. 4. - 411hat are the characteristics of the devel o_pment? - Please refer to covering letter Sizing *by Land Use Catageory Residential Commercial 0 en S ace Other r Total No. of acres 7.9489 Pao. of Sq. Ft. 346,253.64 1 11o. of Lots 2 LETTER OF UNDERTAKING The undersigned, Osbrook Properties, Inc. hereby agrees that within five days of any approval of the Village of Oak Brook of a certain plat of re-subdivision of Lots 2 and 3 in Oak Brook Development Company's Subdivision No. 5 as prepared by National Survey Service, Inc.. and dated June 22, 1976 it shall if required by the Village of Oak Brook grant an easement (across that thirty-five foot wide portion of its property extending between the existing parking lot on its premises and Swift Drive) for access for the benefit of Lot 2 as shown in said plat of re- subdivision which easement shall be for the purpose of providing said Lot 2 with egress and ingress to and from said lot and Swift Drive. Osbrook Properties, Inc. By Vice President Attest� �= /'Secretary APPLICATION FOR PUBLIC HEARING' Properties, Inc.Name of Owner Osbrook Pro P Telephone No. 693-6000 Address 5725 East River Road City Chicago State Illinois Zip 60631 Jetco Properties, Inc. of the same address and phone number and Osco Drug, Inc. of 1818 Swift Drive, Oak Brook, Illinois 60521 (Phone 887-5000) join with Owner in this application. See explanation in text below: If owner is being represented by someone other than himself, please fill in the information below: Owners Representative: Name J. K. Schaffer Telephone No. 693-6000 Address 5725 East River Road City Chicago State Illinois Zip 60631 General Location (or) Address of Property: Located adjacent and contiguous to the east side of Applicant's present T)rotnerty at 1818 Swift Drive. Oak u , Legal Description of Property The west 265.68 feet of Lots 2 and 3 in Oak Brook Development Company's Subdivision No. 5 of part of Lot 1 in Butler Company M-1, Inc. Assessment Plat #4 in Southeast quarter of Section 24, Township 39 North, Range 11, East of the Third Principal Meridian, according to the plat of said Oak Brook Development Company's Subdivision No. 5 recorded November 13, 1972 as Document R 72-69100, in Du Page Count v, Illinois. State specific action requested and give reasons for same: (Refer to pertinen¢ section of Oak Brook Zoning Ordinance G-60. ) zoning Amendment Secial Use L._.__.� p � Variation Fee: $150.00 Fee: $150.00 Fee: $150.00 The Applicant respectfully requests that it be granted a variation from the provisions of the Oak Brook Zoning Ordinance G-60 as amended by Ordinance G-141, Section XI-E-7 which provides that on any lot in the ORA1 Office-Research Assembly districts "not more than 10$ of the required off-street parking spaces, not to exceed 6 spaces , may be located in front of the building" so as to permit not more than 298 off-street parking spaces in front of the building to be constructed on said Property. (CONTINUED ON THE RIDER ATTACHED HERETO) ALL APPLICATIONS MUST BE ACCOMPANIED BY PROPER FEE, (15) COPIES OF A SCALE -DRAWING OF A RECENT SURVEY PREPARED BY A REGISTERED SURVEYOR AND SHOWING THE PROPERTY LINES, EXISTING BUILDINGS, LOCATION OF PROPOSED CONSTRUCTION AND ANY BUILDINGS ON ADJACENT PROPERTY LOCATED WITHIN 100 FEET OF SUBJECT PROPERTY. IT IS NECESSARY THAT THIS ZNFOILMATION BE RECEIVED BY THE FIRST OF THE MONTH FOR PUBLIC HEARING ON THE FIRST TUESDAY OF THE FOLLOWING MONTH. MAIL TO: Village Clerk OSBROOK PROPERTIES INC. (AND Village of Oak Brook OSCO DRUG, INC. AND�JETCO 1200 Oak Brook Road 4tlhe7t n, r Oak Brook, Illinois 60521 of Ap i y RIDER ATTACHED TO APPLICATION FOR PUBLIC HEARING i OSCO DRUG, INC. a wholly-owned subsidiary of Jewel Companies, Inc. presently occupies Lot 1 of Oak Brook Development Company's Subdivision No. 5 as shown on Exhibit A attached hereto pursuant to a long-term lease. Osbrook Properties, Inc. is the fee title holder of said Lot 1 and is owned and controlled by Jewel Companies, Inc. Jetco Properties, Inc. (also owned and controlled by Jewel Companies, Inc.) is a contract purchaser for the West 265.68 feet of Lots 2 and 3 as shown on the aforesaid plat. The owners of said Lots 2 and 3 (Blistex, Inc. and The Singer Company, respectively) have contemporaneously with the filing hereof filed an application for a plat of re-subdivision of said Lots 2 and 3 in such a manner as to create the lots designated 1 and 2 shown on Exhibit B attached hereto and made a part hereof. The purchase of the West 265.68 feet of the aforesaid Lots from Singer and Blistex is expressly contingent upon approval by the Village of Oak Brook of the aforesaid plat of re-subdivision and upon the Village of Oak Brook's approval of the variance requested herein and as requested by Blistex. Upon closing of the above described purchases applicant (through common corporate ownership by Jewel Companies, Inc.) will own both its present premises and Lot 2 of the proposed re-subdivision which taken together shall, for purposes of the Oak Brook Zoning Ordinance constitute appli- cants' "Lot" (as said term is defined therein) which applicant intends to develop and build upon as a unit. Said "Lot" is depicted in red on Exhibit C attached hereto and is hereinafter referred to as "LOT". Applicant further represents that in 1972 it applied for and received a certain variation from the provisions of Oak Brook Zoning Ordinance, G-60 as amended by ordinance G-141, Section 11-E-7 allowing applicant to maintain 224 rather than 6 front yard parking spaces and that during those proceedings and specifically by letter dated November 22, 1972 by Mr. Frank A. Pierson, Oak Brook Building Inspector (attached hereto as Exhibit D) it was officially determined that the front yard of the Osco premises was "the yard that has an access drive to Swift Drive and is nearest to Swift Drive". Applicant therefore assumes that upon its acquisition of the West 265.68 feet of Lots 2 and 3, said property shall constitute an addition to its front yard. At present, applicant does not have specific plans with respect to its further development of the "LOT", however, any plans developed in the future must address the following facts: 1. Pursuant to granting by Oak Brook of the above referred to variance in 1972, Osco located its building farther west on its lot than otherwise would have been the case. This was done to accommodate the increased front yard parking allowed to the east and this location has reduced available space for parking north of and west of the existing building. 2. A deed restriction placed at the request of the Village and adjoining residents on the Osbrook Properties, Inc. premises provides that no parking spaces may be located closer than 100 feet (60 feet further than otherwise required) from an adjoining residence boundary. In view of the recently annexed residential property north of the Singer parcel, Applicant, although not presently required to do so, intends to honor this 100 foot parking restriction with respect to the premises it will be acquiring from Singer. This requirement alone eliminates approximately 50,000 square feet from Applicants' "LOT" of otherwise available parking area. 3. Applicant desires to continue to honor the clearly expressed desires of both the adjoining residents and the Village to �I minimize parking adjacent to the residental districts north of and west of the existing building. Section 2 of Ordinance No. 5-271 granting the existing Osco variance clearly sets forth this goal: "This variation is subject to the restriction that the peripheral parking areas adjacent to the North and West residental areas be developed as a part of the last phase of the proposed long range building development." The mutual reluctance to employ this natural setting for parking again reduces available space for parking north of and west of the existing building. 4. Virtually all area available for parking to the south and southwest of the existing building has been improved and is used for parking. Because of the above factors future expansion possibilities of both the building and parking are to the east of the building and in the front yard of the "LOT". Again, while final plans will not be developed until some future date, one very plausible expansion proposal provides for increasing the building size by approximately 95,000 square feet which would create the maximum needed front yard parking (being the 298 spaces requested herein) . Location of these spaces must be in the front yard to be consistent with the above described factors. As clearly stablished in the proceedings which resulted in the earlier Y P g variance the requested variance herein does not violate the spirit and intent of the legislature in establishing six parking spaces as the maximum allowed in a front yard because Section X1-E-7 relates to frontages along adjoining streets. That intent is apparant from that portion of the Section which provides that the limitation includes the "side of the building adjoining the street not less than 25 feet from a street line or 50 feet from the street lines of Cermak and York Road". Almost all of the "front yard" as referred to herein adjoins Lot 1 of the proposed re-subdivision and does not adjoin a street. Therefore, as was the case previously, the parking spaces herein requested will be adjacent to the rear yard of another lot bearing the ORA-1 classification and not a street. In view of all of the above factors and the location and configuration of Applicants' proposed "LOT" as shown on the attached exhibit, Applicant submits that everything about said "LOT" is unique with respect to parking and the requested variance. Applicant further states that the failure to approve said variation shall result in Applicants' inability to maximize development of the proposed "LOT" to the fullest extent otherwise permitted by the Zoning Ordinance. It is further submitted that the variation, if granted, will be consistent with that previously granted and will not alter the essential character of the locality, will not be detrimental to other property and will not impair an adequate supply of light and air to adjacent property, but on the contrary, will tend to retain the essential character of the locality and will otherwise generally serve the purpose and intent of the Zoning Ordinances. i E X H I B I T B PROPOSED RE-SU13DIVISIOII LOT 2 LOT 1 in 265.68' 360.60` E X H I B I T D Vi LLAGE 01"' OAK- Bk_00K i200 OAK BROOK ROM) OAK BR00K, 11.1.1N(7)15 November 22 , 1972 G54-?_220 Osco Drug Incorporated 3030 Cry l 1 erton Ur i ve Franklin Park , I1 i i not s 60131 RE : Preliminary Site Attention : Mr. James ,'1. Johnson Plan 01 Dear Sir : We are . wri ti n_a to you in -response to gnas ti ons raised concerning code compliance as it relates to what we shall rarer to as Jewel Osco Pre- liminary Site Plan As you know thin app4a.rs to be a thru lot having frontage on Swift Drive , and also Meadowood Drive . This being so ur:der hire terms of the flak Brook Zn"irg r, Ali ianco 1 charged with determining the front yard . (See Section V E . 2 ) Oak Brook Zoning Ordinance . After careful study of the site plan and the surrounding area , it is my opinion that the front yard shall be the yard that has an access drive to Swift Drivc and is nearest to Swift Drive . It would further appear to, me that thi - judgement will hEvc the least impact on the surrounding area , and would also be most beneficial to .your future expansion plans . As you are aware all of the parking with the exception of six parking spaces will have tc be eliminated from the front yard . We Section XI 1=. 7 ) Oak Brook 'Zoning Ordinance . We should also like to point out that the truck landing area would be in compliance with the ordinance . Should you Feel that you cannot live with our determinations in this matter relief may be sought thru the appeals procedure of the Oak Brook Zoning ordinance . (S`r_ Section XIII h Appeals ) If you have any further questions , please feel free to call . Siacerely t'g 4-o'...��fir`✓ t:.c .^� '�r'�"'L..��.�........+" Frank Pearson iI�F' : dw Building Inspector CC: James Urhausen John Yschner r � / 1 � KATZ RANDALL WEINBERG & RICHMOND ATTORNEYS AT LAW SUITE 1800 - - 333 WEST WACKER DRIVE CHICAGO, ILLINOIS 60606-1288 Jerry Richman TELEPHONE 312.807.3800 (312)845-2567 FACSIMILE 312.807.3903 jrichman @krw.com October 12, 2000 VIA OVERNIGHT DELIVERY Sallie McLean, Esq. Exodus Communications, Inc. 2831 Mission College Blvd. Santa Clara, California 95954-1838 RE: CenterPoint Properties Trust/Exodus Communications - 1808 Swift Drive, Oakbrook KRW Fiie No.: 07056.20400 Dear Ms. McLean: Please find enclosed for your files, a copy of the Declaration of Restrictive Covenants with respect to the addition for the referenced property, which has been stamped with the recording information. Please contact me with any questions that you may have. Very truly yours, Jerry man. JRR/mp Enclosure cc: Bob Kallien (w/encl.; via overnight delivery) Hamilton Southworth, III (w/o encl.; via facsimile) Laura Artus (w/encl.; via overnight delivery) Mark S. Richmond, Esq. (w/o encl.) - 6 y Tins DOCUNIENT PREPARED BY AND AFTER RECORDING RETURN TO: J Jerome R.Richman Katz Randall Weinberg&Richmond 333 West Wacker Drive, Suite 1800 Chicago,Illinois 60606 (312)807-3800 COPY {RWR File No.07056.20400 rJ 'this space reserved for Recorder. 1J1 0 DECLARATION OF RESTRICTIVE COVENANTS au Q THIS DECLARATION OF RESTRICTIVE COVENANTS (this"Declaration") is made p and entered into as of the i�=day of September, 2000 by CENTERPOINT PROPERTIES =j TRUST, a Maryland real estate investment trust("Declarant"). r. v RECITALS: Q v A. Declarant is the owner of certain real property commonly known as 1808 Swift Drive, Oak Brook, Illinois and legally described on Exhibit A attached hereto and made a part hereof(the "Property"); and B. Declarant currently leases a portion of the Property("Leased Premises") shown on the site plan attached hereto as Exhibit B and made a part hereof to Exodus Communications, Inc. ("Exodus"); and C. Declarant intends to construct an addition to a portion of the Property as shown on the site plan attached hereto as Exhibit B attached hereto and made a part hereof for lease to Exodus Communications, Inc. ("Addition"); and D. Declarant does not intend to provide additional parking upon construction of the Addition; and E. The Village of Oak Brook("Village")has approved the construction of the Addition without additional parking,provided Declarant restricts the future use of the Addition solely to (i) general warehousing, (ii)the collocation of telecommunication and computer equipment owned by Exodus and various third parties and (iii) the provision by Exodus of services related to such collocation (on a 24 hour a clay, 7 day a week basis), including, without limitation, maintenance, 1RICHMAN/422406.5 repair, advisory and security services (the foregoing uses are collectively referred to in this Declaration as "Data Center Uses")by executing, delivering and recording this Declaration. NOW, THEREFORE, Declarant hereby declares that any interest in the Property is and shall be held, conveyed and occupied subject to the covenants and conditions hereinafter set forth. 1. Restriction. Commencing upon the occupancy of the Addition, the use of the Addition (but not any other portion of the Property) shall be solely for Data Center Uses. In the event that at any time during the terns of this Declaration, the Addition is not used solely for Data Center Uses, Declarant, its successors and assigns shall immediately comply with the parking requirements of the Village of Oak Brook Zoning Ordinance existing as of the date of this Declaration. 2. Term. This Declaration shall run for a term ending on the earlier of(i) thirty(30) years from the date hereof, or(ii) the date on which the Addition is demolished. 3. Successors and Assigns. Each of the conditions,covenants,restrictions,reservations and standards set forth herein shall continue and be binding upon Declarant and upon Declarant's successors and assigns.and all persons claiming under them. 4. Severability. If any clause, phrase, sentence, condition or other portion of this Declaration shall be or become invalid, null or void for any reason or shall be held by any court of competent jurisdiction to be so,the remaining portion of the Declaration shall not be affected thereby and such remaining portions shall remain in li►ll force and effect. 5. Covenants Run With Land. The conditions, covenants, restrictions,reservations and standards herein set forth shall operate as covenants running with the land regardless of whom may be the record title holder or holders of the Property, or any part thereof. If the Property is hereinafter divided into two or more parcels, all of the owners of said parcels shall be entitled to the benefits of the rights and privileges granted hereunder and all of said owners shall be burdened by the rights and privileges imposed hereunder. 6. Governin2 Law. This Declaration shall be interpreted, applied and enforced in accordance with the laws of the State of Illinois. i 7. Captions. The captions contained in this Declaration are for convenience of reference only and in no way define, describe or limit the scope or intent of this Declaration or any of the provisions thereof. S. Grammatical Changes. Wherever appropriate in this Declaration,the singular shall include the plural and the plural the singular. 9. Perpetuities and Other Invalidity. If any of the options,privileges, covenants or rights created by this Declaration would otherwise be unlawful or void for violation of the rule JRICHMAN/422406.5 2 against perpetuities or some analogous statutory provision, or any other statutory or common law rile imposing time limits, then such provision shall continue only until the expiration of twenty-one (21)years after the death of the survivor of the now living lawful descendants of William Jefferson Clinton, President of the United States. 10. Recordation. This Declaration shall be recorded in the Official Public Records of DuPage County, Illinois. IN WITNESS WHEREOF, Declarant has executed this Declaration on the date and year first above written. DECLARANT: CENTERPO T PROPERTIES TRUST, a Maryland re state investment trust By: Name: Title: HI By: } Warne: Title: lJ, Fu JRICHMAN/422406.5 3 STATE OF ) SS. COUNTY OF I, .L i,-X. / `�(_,, , a Notary Public in and for the said County, in the State aforesaid, DO HEREBY CERTIFY that 't- � .,� , as and .e,_ ._Jl ) x,� , as_ ��n of CenterPoint Properties Trust, a Maryland real estate investment trust, who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such and '�_ �_F - "�,.�_;.. of said trust, respectively, appeared before me this day in person and 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 trust for the uses and purposes tliercin set forth. GIVEN under my hand and notarial seal this - �i '�` day of �,r 2000. F ICIAL SEAL URA L ARTUS Notary Public PUBLIC,STATE OF ILLINOIS MISSION EXPIRES.02/14/03 Mnrvinl�N�A�r�glvVNy1%yMVa. JRICHMAN/422406.5 4 ACKNOWLEDGMENT The undersigned, as tenant under that certain Industrial Building Lease dated as of September 22, 1998, as amended by Amendment to Lease Agreement dated as of October, 1998 and further amended by Second Amendment to Lease Agreement dated as of January 18, 2000 by and between the undersigned and Declarant (collectively, the "Lease"), hereby acknowledges the use restriction set forth in Section 1 herein and consents to comply with such use restriction,notwithstanding the terms of the Lease to the contrary. Acknowledged this_1_day of , 2000. EXODUS COMMUNICATIONS,INC.,a Delaware corporation By: e�o F t� c� W Attest: ]RICHMAN/422406.5 5 STATE OF CALIFORNIA ) SS. COUNTY OF SANTA CLARA ) I, Marcia J. Burg, a Notary Public in and for the said County, in the State aforesaid, DO HEREBY CERTIFY that Adam Wegner, as Senior Vice President,Legal and Corporate Affairs, of Exodus Communications, Inc.,who is personally known to me to be the sarne person whose name is subscribed to the foregoing instrument as such Adam Wegner,respectively, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act and as the free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this 18`I' day of September 2000. ovltce , .W MARCIA I BURG NOtary Ub1rC Commission#1232219 Z .• a t. Notary Public-California zy ` Santa Clara County My comm.Bpkm Sep 2,2003 JRICHMAN/422406.5 4 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY LEGAL DESCRIPTION: LOT 1 IN TOLLWAY PLAZA SUBDIVISION, BEING A SUBDIVISION IN THE SOUTH EAST 1/4 OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN,ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 16, 1973 AS DOCUMENT R73-65094,IN DUPAGE COUNTY, ILLINOIS. ADDRESS: 1808 SWIFT DRIVE, OAK BROOK, ILLINOIS PIN: 06-24-402-019 3RICHMAN/422406.5 A-1 '\ I I I Ed GENERAL NOTES: I 0 'REM DT UEAIS 91 MD �_ 1 1 v1 011 1 -_ T U I �_ 0 .._..,1 -- --- -rJ l � !ItI1��lptltl II1^tII 111 IIITII' __ Tom') 1jZl l i ! j i i7• l ' I I 1 I ' 'J��U�'..L-I i 19 I " 1 � Q I i ; e I , . 20 �1 I l � 1 EXODUS +} i COMMUNICATION INC. I �URRElITLY 48.414mSFisn I P i � I I 1 �--•I—� I —i-- �s 1 -a x i I,o-a• "�'L4 --- t , I S � )----- N I ! ; I 1 VVA.W,P. g v i ! •R o�C R T l!• ! O I ,------------ ----- ------------------ k4o I I i I I � I I I � i SITE/BUILDING DATA: SITE QUANTITY: PROPOSED BUILDING QUANTITY: TOTAL PROPERTY: (8.65 ±ACRES) 376,871 +\— SQ.FTEXWNG CENTERPOINT 45,479 SQ.FT. FLOOR AREA RATIO: .45 EXISTING EXODUS OFFlCE 5,100 SQ.FT. ARP:'= PROPOSED PARKING: ExisnNC EXODUS STORAGE 43,314 SQ.FT. I OAK 3P,OOK. ILllmc!- CENTERPOiNT PARKING (3.3/1000) 151 SPACES , I I i7� :LG! I ®PLM EXODUS OFFICE PARKING (3.3/1000) 17 SPACES 1ST FLOOR EXPANSION AREA: 58,534 SQ.FT. SCALE: 1'—W—o' H0R1+ REMAINING EXODUS PARKING 44 SPACES 2ND FLOOR DPAN90N AREA 19,165 SQ.FT. SITE PLM MEZZANINE AREA 9,219 SQ.FT. TOTAL PROVIDED PARKING: 212 SPACES TOTAL FLOOR AREA (lees meuonlne} 1169,592 SQ.FT I :r ` � �,. 1_�� (, 'if, r';r'�'(;• fit_, Wi � y /�U 1rrJ1 i r r'.AI I(_r"I a LU i \.© W � G o c90 Ir - Ij � — t � � L -� -rU 7 rz� t 'wiz`L1 r_r +v s✓ .r - � '--_-' .. ////// �' i ` � +�—+•--tea i✓/ t"°�?' v I N .�.. • _ :. 7 • _ x-21— f ' • EL EG .\/AU LT - r c�' �M ) Nut T r p • rte. �?—c PVA ♦_K.,,,--4•a..Yt;.:An.t+.x....�a....Y...tc.2 u[]t.. �. 1»r 1L��b l:.y...H �lh� .t.. - i 1.rv7_._i:.,::�.ia... c ...d3,a.::.��u:ri...rr�.�. _". _......,- _r...,___.,..+6.iRJr � , ._. i=-r-::•.'viw;Cy ... i i I i j . _ 2.`-�'a.9'-- �t S/F "ins!-, il�nciiy i �' - lea, E with1 Sir I n,, �- r � -1 l `�"l �l ..J cLrL kronzrc r�iner c "ir,4. Lo ' C_c� FE ]go IC 7XI Cv�crecera- XC�,V z' H re ^ ^ ^ ^ / LxZ- O I IX f O Y Y concrc Ca O ^ t " ^ " A ^ ^ low r Z. 9 �� f�Ua VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS December 12 , 1974 ' 654-2220 Osco Drugs , Inc. 1818 Swift Drive Oak Brook, Illinois 60521 Attention: Mr. Bruce Posey Dear Mr. Posey , The village board at their meeting of November 26 , 1974 approved Ordinance G 7168 granting a variation to the rules and regulations of the 0ak Brook Zoning Ordinance with respect to the sign location requirements , copy attached. Also attached are two copies of License Agreement permitting the sign to encroach into the right-of-way. It would be appreciated if you would execute both copies and return one copy to us for our files . K Re pectfully yours , Ken eth G. Carmrg Village Manager KGC/1s att. ORDINANCE NO. �j /I AN ORDTNANCE GRANTING A VARIATION TO THE PULES AND REGULATIONS OF THE OAK BROOK ZONING ORDINANCE r r r Whereas, the owner of the property more particularly herein- after described has petitioned the corporate authorities of the Village of Oak Brook for a variation to the rules and regulations of the Zoning Ordinance of the Village of Oak Brook with respect' to the sign location requirments; and Whereas, a public hearing pursuant to said request has been held by the Zoning Board of Appeals of the Village of Oak Brook; and Whereas, the President and Board of Trustees of the Village of Oak Brook are of the opinion that a variation should be granted; NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Oak Brook, DuPage County, Illinois, as follows: Section 1 That the applicable rules and regulations of Sections x, B, G, F of "The Zoning Ordinance of the Village of Oak Brook, Illinois, of 1966" , being Ordinance G-60, as amended, are hereby varied to permit the erection of an entrance sign within the ten (10' ) foot ordinance requirement; said sign to be 30" high by 7 ' 6" wide, approximately three (3 ' ) feet south of' the entrance drive and extending the width of the sign east of the property line, on property described as: Part of Lot l in Butler Company M--1, Inc. ,- Assessment , Plat No. 4, in Section 27, Township 39 North, Range 11 , East of the Third Principal Meridian in' DuPage County, Illinois; the general location of the property being at 1818 Swift Drive, Oak Brook, Illinois. Section 2. The variation granted hereby is conditioned and restricted to the terms and conditions granted under a certain license from the Village of Oak Brook to Osco Drug, Inc. ( Jewel Companies, Inc. ) permitting the sign to encroach into the right- of-way, executed of even date hereof. Section 3 . That this Ordinance shall be in full force and effect from and after its passage and approval as by statute in such cases .made and provided. = PASSED and APPROVED by the President and Board of Trustees of the Village of Oak Brook, Illinois this day of 1974 . APPROVED: Presi ent ATTEST: = / Village Clerk AYES : NAYS : ~ t; LICENSE. AGREEMENT TH IS AGREEMENT made this day of November_ , 1974 , between the VILLAGE OF OAK BROOK, an Illinois municipal corporation, here- inafter called Licensor, and OSCO DRUG, INC. (Jewel Companies, Inc . ) II= hereinafter called Licensee, in consideration of the mutual promises herein contained, is subject to the following terms and conditions: 1. Licensor hereby grants to Licensee a license to occupy and use, subject to all of the terms and conditions hereof , such part of the Swift Drive right-of-way for the extension of Licensee ' s sign to be erected upon its property in accordance with the variation granted by the Village of Oak Brook of even date hereof . Said extension of the sign into the right-of-way shall not exceed three (3 ' ) feet and shall be in . accordance with the site plan prepared by C. A. rietz Engineering, Inc. , dated April 4, 1973 .- 2. This permission is given to Licensee as an accommodation to Licensee and it shall be rent free. Licensee hereby acknowledged the title of Licensor to the above described premises and agrees never to assail, resist, or deny such title. 3 . This permission is not exclusive to Licensee and Licensee shall have the privilege hereunder only of occupying such portion of the above described premises as the representative of Licensor, in charge of such premises shall from time to time designate. 4 . Licensee shall not erect any permanent buildings or other structures hereunder, or erect, or having erected or installed, permit to remain on the above described premises any temporary structures , fixtures, shelters, attachments or other things attached to or being on the premises and placed thereon by Licensee or the guests, invitees or licensees of Licensee, which the representative of Licensor in charge of the above described premises shall direct Licensee to remove. 5. Licensee shall exercise his privileges hereunder at his own risk, and , irrespective of any negligence of Licensor, Licensee shall indemnify Licensor against all liability for damages, costs, soc f:c resu + inr- from, ari ci nrr out of . or in any way iVJJ�.J f u.lu c.;p�n _ J f..- � J 14 r-,!-i 0P, or ,1 G7 r,f +-ho nr s?mi cPC by Li.C�F?T1CP P. . _ or the licensees, invitees, or guests of Licensee, or the failure on i the part of Licensee to perform fully all and singular Licensee ' s promises herein. Licensor shall not be liable to Licensee if for any reason whatever Licensee ' s occupation or use of the premises hereunder shall be hindered or disturbed. 6. Licensee' s privileges hereunder shall not be assignable by Licensee in whole or in part. 7 . Licensor reserves the right to terminate the permission hereby given at any time by giving Licensee at least days ' written notice of such termination, except that Licensor may, at its election, terminate the permission forthwith at any time if Licensee shall fail to comply with or abide by each and all of the provisions hereof or keep all and singular Licensee ' s promises herein. Waiver by Licensor of any breach of any term or provision hereof shall not be deemed a waiver of any subsequent breach of the same or any other item or provision hereof. 8. Any notice to Licensee hereunder shall be sufficient if I served on Licensee personally or posted on the premises, and if so posted shall be deemed served on the date of g ostin r P o mailed to Licensee directed to his last known address, and if so mailed in the State of Illinois shall be deemed served on the business day next following the day of mailing. 9. On revocation, surrender or other termination of the permission hereby given, Licensee shall quietly and peaceably surrender the portion of the premises occupied by Licensee in as good condition as same were at the time of Licensee' s entry thereon hereunder and shall remove all fixtures, equipment, and other things placed by Licensee on the premises hereunder, and if Licensee shall fail to do so, Licensor shall have the right to make such removal at Licensee' s expense, the amount of which expense Licensee shall pay to Licensor on demand, and, if Licensor shall so elect, it shall have the right to take possession of and appropriate to itself without payment therefor any property of Licensee, or anyone claiming under it, then remaining on the premises. IN WIT14ESS WHEREOF, the parties have executed this License AgreemeriL at O Brook, Illinois, the day and year first above %•:rit ten . VILLAGE OF OAK BROOK B Y= - _ Presi��nt • i I. A _-E S` — 1 Village Clerk Seal ) t OSCO DRUG, INC.- NC. I By: " 0 President ATTEST: c) Secretary 'Zeal, y X -_i-• APPENDIX A—ZONING Sec. X i j that a rear yard abutting an alley or service drive may be reduced by 20 feet in depth. (6) Awnings, Marquees and Signs: Awnings, marquees and nonflashing illuminated business sighs with no moving parts are permitted subject to applicable regulations set forth in other ordinances of the Village and the following: (a) All sources of light whether by direct exposure, surface reflection or transmission, having an intrinsic brightness greater than 30 foot-lamberts shall be shielded so that the source of light cannot be seen at any point within residence district. (b) Any luminous source of light, whether by direct exposure, surface reflection or transmission whose total area is larger than one square foot and which can be seen from any point within a residence district, shall not exceed a brightness value of 150 foot-lamberts. (c) No source of light shall be permitted to cause illumination in excess of one-half footcandle in a residence district. (d) A sign in direct line of vision of motorists approaching any traffic signal shall not have red, green, or amber illumination that may tend to appear as a traffic signal. (e) For a building containing less than 100,000 square feet the gross surface area in square feet of all signs for each building on a lot shall not exceed 100 square feet. For buildings in excess of 100,000 square feet, the allowable sign area permitted shall be computed on a basis of one square foot of sign area for each 1,000 square feet of gross floor area of each building on a zoning lot with a maximum sign area not to exceed 240 square feet. Gross sign area allowed shall be applied to each build- in, and shall not be cumulative. No sign shall be erected above the height of the structure, exclud- Supp.No.19 933 Sec. X OAK BROOK CODE ing within that height limitation any penthouse or roof structure as described in Paragraph (K) of Section V of this Ordinance No. G-60, or 35 feet above grade, whichever is less. (f) One ground sign shall be permitted for each build.- ing on a lot, except that on a corner or through lot, a sign may be erected along each street frontage A ground sign may not exceed eight (8) feet in ;- height; be not closer than ten (10) feet from any —lot line; be not closer than three (3) feet from a driveway or parking area; and shall have a gross y p g , surface area of not more than two-thirds of the maximum allowable sign area permitted for any one building on a lot. This sign area shall be de- ducted from the gross surface area of signs allowed in subsection (e) immediately above either collec- tively or individually. (g) Directional signs shall not be included in determin- ing the gross sign area permitted in the ORA Districts. (h) No signs or structural parts thereof shall project f beyond any lot line. (7) Off-Street Loading and Off-Street Parking: As in Section XI of this ordinance. 3 (Ord. No. G-82, 4-9-68; Ord. No. G-131, 5-25-71; Ord. No. G-135, 5-22-71; Ord. No. G-178, § 2, 12-9-75; Ord.No. G-203, § 8, 12-14-76; Ord. No. G-213, § 2, 3-22-77) (C) ORA2 Office-Research-Assembly District. (1) Permitted Uses: (a) As in B2 Regional Shopping Center District. (b) As in the ORAL Office-Research-Assembly Dis- trict. (c) Accessory uses and structures—including storage and service areas within the structures, garages for delivery trucks, central heating and air Supp.No.19 934 era VILLAGE O F ZONING ORDINANCE I IX)OD PLAIN tea- - •t f OAK BROOK 1200 OAK BROOK ROAD APPEAL VARIATION 0 OAK BROOK, ILLINOIS 60521 $100 $300 9 9.0.-3.0 0 0 1 VARIATION SPECIAL USE $300 $675 APPLICATION FOR PUBLIC HEARING �I AMENDMENT TO BE FILED WITH VILLAGE CLERK L-1 $650 SPECIAL USE $400 (Section 2-225, 8/11/81) ----------------------------------------------------------------------------------------------------- ALL APPLICATIONS MUST_ BE ACCOMPANIED BY PROPER FEE, PLAT OF SURVEY, AND (18) COPIES OF A SCALE DRAWING, SHOWING ALL PERTINENT APPLICABLE INFORMATION, i.e. , PROPERTY LINES, EXISTING BUILDINGS, LOCATION OF PROPOSED CONSTRUCTION, ANY BUILDINGS ON ADJACENT PROPERTY WITHIN 100 FEET OF SUBJECT PROPERTY. ---------------------------------------------------------------------------------------------------- DO NOT WRITE IN THIS SPACE -- FOR OFFICE USE ONLY Date Filed: _ � �S Board of Trustees Referral 'F- 5-7 Notice Published: S - 4— 51 Newspaper: 5- Date Adjacent Property Owners Notified:-8- /6^ 89 Staff Referral: Public Hearing Dates: Plan Commission Zoning Board of Appeals Board of Trustees q-- Board of Trustees (Ap roval of Ordinance) FEE 'PAID: $�4c Ofl Receipt No. : 67/7y Received By: Village Clerk i APPLICANT TO COMPLETE LOCATION OF SUBJECT PROPERTY: PERMANENT PARCEL NUMBER o6-Z4�- /OZ-oZ 9 LOT NO. �_ SUBDIVISION S ADDRESS ZONING. !9 -I ZONING ORDINANCE SECTION ACTION REQUESTED —i izry L 1-v 7z a k-)( 2 CN 5 T P A<-y- FA-0 n, ,4,07- L_11Vg-;5 �oiz Cs2ouni� s, cn•! , 5�T 'r 3rd.k• , a r 1._oT [- .,.( PROPERTY INTEREST OF APPLICANT: OWNER L-1 CONTRACT PURCHASER Q AGENT OWNER(S) OF RECORD I�✓2(J �I 1 r )rbG Z PHONE NUMBER G ADDRESS `� 1$ S W t�� 0/L, 0/klc 110 cl.L 1 L ZIP (f()_ -a I BENEFICIARY(IES) OF TRUST: PHONE NUMBER ADDRESS c ZIP NAME OF APPLICANT:��L 6 3/Cr7#/,5 14de- J PHONE NUMBER ADDRESS D i S a ZIP (P6/O/ I (we) certify that all of the above statements and the statements contained in any papers or plaHs submitted herewith are true to the best of my (our) knowledge and belief. S- It -Fr tk- (Yignabare) Applicant Date signature Applicant Date 7 - 7 oy L 6- /�k NOTICE TO APPLICANTS Filing Schedule VARIATION: MUST BE RECE I ED APPROXIT9 MLY SIX (6) WEEKS PRIOR TO '111E PUBLIC 1 EANING HELD ON '11IC FIRST '11JESDAY OF EACH MONTH. AMENDD'IENT OR SPECIAL USE: MUST BE RECEIVED PRIOR TO 'IHE 15Th OF THE MONTH FOR PLAN COMMISSION HEARING ON '111E 1111RD MONDAY OF 1IIE FOLLOWING MONTII, WITI1 ZONING BOARD PUBLIC HEARING TO FOLLOW. A Variation is a zoning adjustment which permits minor changes of district require- ments where individual properties are both harshly and uniquely burdened by the strict application of the law. The power to vary is restricted and the degree of Variation is limited to the minimunn change necessary to overcome the inequality inherent in the property. ! 1. A Variation recognizes that the same district requirements do not affect all properties equally; it was invented to permit minor changes to allow hardship prop- erties to enjoy equal opportunities with properties similarly zoned. You must prove that your land is affected by special circumstances or unusual conditions. These must result in uncommon hardship and unequal treatment under the strict ap- plication of the Zoning Ordinance. Where hardship conditions extend to other prop- erties a Variation cannot be granted. The remedy for general hardship is a change of the map or the text of the Zoning Ordinance. 2. You must prove that the combination of the Zoning Ordinance and the uncommon conditions of your property prevents you from making any reasonable use of your land as permitted by your present zoning district. Since zoning regulates land and not people, the following conditions cannot be considered pertinent to the applica- tion for a Variation: (1) Proof that a Variation would increase the financial re- turn from the land, (2) Personal hardship, (3) Self-imposed hardship. In the last case, the recognition of conditions created after the enactment of the Zoning Ordi- nance would encourage and condone violation of the law. 3. No Variation may be granted which would adversely affect surrounding property or the general neighborhood. All Variations must be in harmony with the intent and purposes of the Zoning Ordinance. Names of Surrounding Property Owners Following are the names and addresses of surrounding property owners from the property in question for a distance of 250 feet in all directions, and the number of feet occupied by all public roads, streets, alleys, and public ways have been excluded in computing the 254-foot requirement. Said names are as recorded in the office of the County Recorder of Deeds (or the Registrar of Titles of the County) and as appear from the authentic tax records of this County. Name rs .., t•; -? Address ArT'P2 F-k _0 I--1St. O'C'n Goo A' Gov r' o� I�JOCD 71 , L-fi�'�'Z!��.,� • ZI � 3 �-�� Ol�i,Z,d�,�, -r 3 '-� 1•��S O(� 4-2f 071) "J I CD OCR r--o CI�i a Z x`01 1 • � n,N 23?y a s J,�Z r 7 Goo +C / v 3 -AA>�t-N 01,4 �nZ� c�SQ CD i„ 72-a cv cr o , C r o 9 zYZ c-)C:3� r . fir/ ✓'�i lr� 3 -� Q-1 I/., p :.I cl� 1,r� -z I �� sue, I ';I �j 1Zr�n -w-i 1—, Q\/ 1-4 a-3—,O I, !I G,O°cn .57 .0)C Coco I� Z;"3c��\� tt tv �I �i ail li) o �av3wc►�� -i1+�I�� S3 r.,o �,�1�� u'?1.� - � r��c"'1� � 2�o ; 3C r, Sh C�4 cx-) ' o -.ITv�u/ tl,� ��3�1 g� 1 ►yin o�o� /1 tf �2j c1 �? � !il + l it I i O S O h-C-e or !I i, 111v0 _1 BANK RECEIPT RECEIVED TRANSIT S CHECKS $ CASH NUMBER DATE NAME DESCRIPTION NO. BY: it INVALID E 0 A,r WITHOUT V I L LA G E OF OAK BROOK 67174 SIGNATURE 1200 OAK BROOK ROAD `9 �? OAK BROOK, ILLINOIS cDUH PHONE: (312) 990-3000 RETAIN THIS RECEIM FOR YOUR RECORDS SAFEGUARD BUSINESS SYSTEMS DOYLE SIGNS INC. P.O.BOX 1068 19545 ADOISON,.ILL►NO►S 60101 2-303 543-9490 AREA CODE 31 Z.. I: ( 710 PAY DOLLARS / //GATE NET CHECK TO THE /�� OROER OF V(�+•+ DOYLE SIGNS, INC. LAKE SHORE BANK-CHICAGO, ILLINOIS 60611 1180 L9 Si, 5n• 1:0 7 100 30 361: 011190 3386111' Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60521 N 0 T I C E Monday REGULAR PLXN CONE-IISSION MEETING October 21 , 1974 Village Hail - T.A.Mohlman Board Room 7: 30 P.M. Agenda 1. Roll Call 2. Approval of Minutes 3. Four-lane Road Profile - Art Philip 4. J. Cotter' s Re-Subdivision Tuesday October 22 , 1974 REGULAR BOARD OF TRUSTEES MEETING 8 :00 P.M. Village Hall - T.A.Mohlman Hoard Room Tuesday November 5, 1974 REGULAR ZONING BOARD OF APPEALS MEETING Village Hall - T.A.Mohlman Board Room 7: 30 P.bi. Agenda 1 . Roll Call 2 . Approval of Minutes Osco Drugs , Inc. - Sign Variation 4 . J. Cotter - Variation Tuesday REGULAR BOARD OF TRUSTEES MEETING 8:00 P.M. November 12, 1974 Village Hall - T.A.Mohlman Board Room Item #3 was published on 7/18/74 in the Oak Brook/ Hinsdale DOINGS Item 7#4 was published on 10/17/74 in the Oak Brook/ Hinsdale DOI\GS Y 111dd� Ql v.wti tea:oo�{ 1200 Oak Brook Road r Oak Brook, Illinois 60521 N O T I C E Monday REGULAR PLAN COMMISSION MEETING September 16, 1974 Village Hall - T.A.Mohlman Board Room - 7:30 P.M. Agenda I. Roll Call 2. Approval of. Minutes 3. Fox Point (Vaivada) Plat of Subdivision 4. Joe & Barbara Cirillots Addition to Oak Brook 5. Four-lane Road Profile - Art Phillips Tuesday REGULAR BOARD OF TRUSTEES MEETING $:00 P.M. September 24, 1974 Village Hall - T.A. Mohlman Board Room Tuesday REGULAR ZONING BOARD OF APPEALS MEETING 7:30 P.M. October 1, 1974 Village Hall - T.A.Mohlman Board Room A enda I. Roll Call 2. Approval of Minutes 3. Nick Batistich - Lot 1 Robinhood Ranch- Side Yard Variation 4. Osco Drugs, Inc. - Sign Variation Dr. R. Elliot Politser - Rear Lot Variation 6. Clarence Piela - Side Yard Variation 7. Oak Brook Hotel Co. -(Hyatt House) Floor Area Ratio Tuesday October 8, 1974 REGULAR BOARD OF TRUSTEES MEETING Village Hall - T.A.Mohlman Board Room 8:00 P.M. Item #3 was published on 6/13/74 in the OakBrook/ Hinsdale DOINGS Item 71-4 was published on 7/18/74 in the OakBrook/ Hinsdale DOINGS Items 5 , 6, & 7 were published on 9/19/74 in the OakBrook/Hinsdale DOINGS I <IrLLiJ JLLYL .LW. GWG; V.lVV—L"LL • LLLL%_= LuoA —1V1V Wwi "/ VG High Point Plaza-4415 W. Harrison St. DuPage Reporting vService �H41iide Village of Oak Brook Maxson-McCormick Jones Medical Inst.Co.-200 Winds r r ve 1200 Oak Brook Road Unger-Hosler-Du-Fon Xerox Corp-1808 Swift Drive Oak Brook, Illinois 60521 Oak Brpok -Porter Inc.-300 Windsor Drive $evelopment- Sue Kaspar-30 Meadowood Drive John Nosworth-27 Hickory N 0 T I. C E Dr. Robert Cullen-26 Hickory Eldon Glaves-25 Hickory Monday Joe Mercurio-7 Woodridge Drive July 15 , 1974 REGULAR PLAN COMMISSION MEETING (Charles Munson-55 Meadowood Drive Village Hall - T.A.Mohlman Board Room - 7:30 P.M. Agenda 1. Roll C611 2 . Approval of Minutes 3. Resolution - Robert R. Anderson 4. Fox Point (Vaivada) Plat of Subdivision 5. Joseph Cirillo - Plat of Subdivision 6. George Lamberson - Plat of Subdivision 7. Four-lane Road Profile .Tuesday July 23 , 1974 REGULAR BOARD OF TRUSTEES MEETING Village Hall - T.A.Mohlman Board Room - 8:OO P.M. Tuesday August 6, 19.74 REGULAR ZONING BOARD OF APPEALS MEETING Village Hall - T.A.Mohlman Board Room - 7:30 P,M. Agenda 1. Roll Call 2 . Approval of Minutes 3. Hinsdale/Oak Brook YMCA - Special Use Permit 4. Babson Bros . Co . - Loading Berths Variation S. Nick Batistich - Lot 1, Robinhood Ranch - Side Yard - 6. Osco Drugs , Inc . Sign Variation Variation Tuesday August 13, 1974 REGULAR BOARD OF TRUSTEES MEETING Village Hall - T.A.Mohlman Board Room - 8:00 P.M. Item #3 , #41 #5 were published on 6/13/74 in the OAK BROOK- HINSDALE DOINGS. Item #6 was published on 7/18/74 . in the OAK BROOK-HINSDALE DOINGS. - '� , • wr.;i•�.t� {f','i+�'��i�a a�, {:,' :`:y,'�; ,F MY LUX 110 13.3 l'KIPMM)T Osco Drug, Inc. L)MM c);? S T3P+T: ° " il, June 8, 1973 ;•':'+••,f,•:....w1:.,-_, ::t•.`._rv,-�•}nw...�..r.�_.y.�ti��_,-_.— ..._._.ym�y Cr_tattle��1:1T�'JAY.�..Sl.'i'_)4:'..pRLflu+t96'M.P:.:.:'A!,cbf'2rt^i�l�ip •�.}1?�;;a Swift Road North of Windsor,., Oak Brook, Illinois .��._,_._.•,._�:__::P�,>.��.� z 1� 5;U B 1)Ji y1?ill I ii Butler. Company -M-1 Inc. Assessment Plat No. 4 658,173.8 ,. 83,400. ,... ~_. ��.. .Yes, 'd'0 C :'' ±� `•iw'k ),� ,. � �� , - F3S'Sf::zy None }v;-, * i::r ::;1 i i;,( Reinforced Concrete ari. -ti_.,-_r__..�.._..�'-�.a.s -.T _.•,--r.. bi.c.�i.^.,.:^..p.:«:_.a.:...;:...�.:,.,,r...v.i-.:.t:i.::a:..,•ewu _:.,a,.-,....-�-_-.••e:::trrca:.r;:v: �,-r_e-=s-_-.".:>;::-.sztvaar/.n 7 11 u<,�a:,.F-:-c:z�.raW snm:^:�urae•e Headquarters Office. _ - - - - - •� .. r Office ��a7't�? '�':, i i ; None AS SUM1TT-LD R 194.,.,. MF+r�-i, .....:_ -'-. .,« r_u. _'._-._�IZSa«J_+ ^JJK.=3.:+i=,L:'�:.__ .._... ...+-^.w•�.�-�•_:w.•L:a.Y•w...�-•�,_a :a M, :>rAP,?7 4(`�'i f ,�,',i r�� r^�^� 100' ' lr'.:^.w�--.w,:..."_-_.._r..:...._ .. ...__._. •_,... .Wixa:}.:lf/,l^_9at.:::_:n..:A,ACS.��CT.i^-.r4Yrh.W:i..,w.t,lwl owrc, ,' �._ ......__. :—:••�..,o,r.,-w.rwa�=0o,'r,•.w,<,:c:ra..er...,.._._.•:. ....a,..<'::, - .._,__.._,.._... C, 3 r, T'.1t. 510 ,«� :4 �;c r: f F '11C`WS t,Y- 14 U-14 r: 0- 1 • 1 :3lr:D 11t0' yEi 29' /8 - " 73 ' Not Yet ,.�i�.•. �� ;:� X.�� Chosen . .• - - _...�.a.T:.V..1}-.�(�L"Y.S, rLit�V_V'i,lY/a••no..Y's,.vr.ar,Yr...ti':.... •�_.1.vy..i-.✓s,..c.ni. •T J - 1 li.�:°-�:.l.r _�� {�t'!•7•!�5� S � t�!„ �1�-�. ::•.�fC �.�,5'�' �.`�'��.}rt..��'�. v_�r fli.��. f:�:'( �.3�`.qW i�i9 `L. � rrr a `- � .la t el i.e 1•,j� r,.'r �.�� .i� k �: �4. r {� �:i�. � .TtS � �C 1/}. ,7 �\r,. rw} iA� .�:. _.'fir i�'e is>,i -t.. f �.. ;'Z _ :c9 S� v_r,••�i . - _ • •y 3.. _,/_.. ; .� 1i E. ac D. Trni n, President - tz Train Olson & Youngren, Inc. One East Wacker Drive, Ch' Illinois 60 1 •'.,...::: _.— ..-...._... rr...P"n'..•:•M.: ..�. .. .... ..r_..._...-__..-.....___i_•.. -..:-._.:J.h•�•_..,.u.` ;a..._ . ...._...-.__ .w.i r.,...n_.,.e.n•v-tea...s.•...r.-./..e.._......iC._....s: ._..:-.l ._ _.-S •._�.: w �.....n-:._..r..,r..�_.,A.'.'!1:, lw,rvu r•,ev\,.:,aW.•a 4 ,'.:. •.L"ii C�Fll=�.''�-.._�._.,_.'..-'�-�T'�^7'!r'4'./rIPN i:. r v G O 9 �� 'F VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS December 12 , 1974 654-2220 Osco Drugs, Inc. 1818 Swift Drive Oak Brook, Illinois 60521 Attention: Mr. Bruce Posey Dear Mr. Posey , The village board at their meeting of November 26 , 1974 approved Ordinance G-168 granting a variation to the rules and regulations of the Oak Brook Zoning Ordinance with "respect to the sign location requirements, copy attached. Also attached are two copies of License Agreement permitting the sign to encroach into the right-of-way. It would be appreciated if you would execute both copies and return one copy to us for our files . Re pectfully yours , Y Ken eth G. Car T= Village Manager KGC/ls att. ORDINANCE NO. AN ORDTNANCE GRANTING A VARIATION TO THE RULES AND REGULATIONS OF THE OAK BROOK ZONING ORDINANCE Whereas, the owner of the property more particularly herein- after described has petitioned the corporate authorities of the Village of Oak Brook for a variation to the rules and regulations of the Zoning Ordinance of the Village of Oak Brook with respect' to. the sign location requirments; and Whereas, a public hearing pursuant to said request has been held by the Zoning Board of Appeals of the Village of Oak Brook; and Whereas, the President and Board of Trustees of the Village of Oak Brook are of the opinion that a variation should be granted; NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Oak Brook, DuPage County, Illinois, as follows: Section 1 That the applicable rules and regulations of Sections X, B, G, F of "The Zoning Ordinance of the Village of Oak Brook, Illinois, of 1966" , being Ordinance G-60, as amended, are hereby varied to permit the erection of an entrance sign within the ten (10' ) foot ordinance requirement; said sign to be 30" high by 7 ' 6" wide, approximately three (3 ' ) feet south of- the entrance drive and extending the width of the sign east of the property line, on property described as: Part of Lot l in Butler Company M-1, Inc. , Assessment Plat No. 4, in Section 27 , Township 39 North, Range 11 , East . of the Third Principal Meridian in- DuPage County, Illinois; the general location of the property being at 1818 Swift Drive, Oak Brook, Illinois. Section 2. The variation granted hereby is conditioned and restricted to the terms and conditions granted under a certain license from the Village of Oak Brook to Osco Drug, Inc . ( Jewel Companies, Inc. ) permitting the sign to encroach into the right- of-way, executed of even date hereof. Section 3 . That this Ordinance shall be in full force and effect from and after its passage and approval as by statute in such cases .made and provided. - PASSED and APPROVED by the President and Board of Trustees of the Village of Oak Brook, Illinois this ; _ day of 1974 . APPROVED: Pres ent ATTEST: Village 7lerk AYES : NAYS : / _ C LICENSE AGREEMENT THIS AGREEMENT made this — day of November, 1974 , between the VILLAGE OF OAK BROOK, an Illinois municipal corporation, here- inafter called Licensor, and OSCO DRUG, INC. (Jewel. Companies, Inc . ) hereinafter called Licensee, in consideration of the mutual promises herein contained, is subject to the following terms and conditions: 1. Licensor hereby grants to Licensee a license to occupy and use, subject to all of the terms and conditions hereof , such part of the Swift Drive right-of-way for the extension of Licensee' s sign to be erected upon its property in accordance with the variation granted by the Village of Oak Brook of even date hereof. Said extension of the sign into the right-of-way shall not exceed three (3 ' ) feet and shall be in accordance with the site plan prepared by C. A. Metz Engineering, Inc. , dated April 4, 1973 : 2. This permission is given to Licensee as an accommodation to Licensee and it shall be rent free. Licensee hereby acknowledged the title of Licensor to the above described premises and agrees never to assail, resist, or deny such title. 3. This permission is not exclusive to Licensee and Licensee shall have the privilege hereunder only of occupying such portion of the above described premises as the representative of Licensor. in charge of such premises shall from time to time designate. 4 . Licensee shall not erect any permanent buildings or other structures hereunder, or erect, or having erected or installed, permit to remain on the above described premises any temporary structures, fixtures, shelters, attachments or other things attached to or being on the premises and placed thereon by Licensee or the guests, invitees or licensees of Licensee, which the representative of Licensor in charge of the above described premises shall direct Licensee to remove. 5. Licensee shall exercise his privileges hereunder at his own risk, and , irrespective of any negligence of Licensor, Licensee shall indemnify Licensor against all liability for damages, costs, - n ; „, -Frnm ari ai n[T nut of or in any wav nr-mi cPC by LiceYIGPP. • or the licensees, invitees, or guests of Licensee, or the failure on the part of Licensee to perform fully all and singular Licensee's promises herein. Licensor shall not be liable to Licensee if for any reason whatever Licensee ' s occupation or use of the premises hereunder shall be hindered or disturbed. 6. Licensee ' s privileges hereunder shall not be assignable by Licensee in whole or in part. 7 . Licensor reserves the right to terminate the permission hereby given at any time by giving Licensee at least So days ' written notice of such termination; except that Licensor may, at its election, terminate the permission forthwith at any time if Licensee shall fail to comply with or abide by each and all of the provisions hereof or keep all and singular Licensee ' s promises herein. Waiver by Licensor of any breach of any term or provision hereof shall not be deemed a waiver of any subsequent breach of the same or any other item or provision hereof. 8. Any notice to Licensee hereunder shall be sufficient if served on Licensee personally or posted on the premises, and if so posted shall be deemed served on the date of posting or mailed to Licensee directed to his last known address, and if so mailed in the State of Illinois shall be deemed served on the business day next following the day of mailing. 9 . On revocation, surrender or other termination of the permission hereby given, Licensee shall quietly and peaceably surrender the portion of the premises occupied by Licensee in as good condition as same were at the time of Licensee' s entry thereon hereunder and shall remove all fixtures, equipment, and other things placed by Licensee on the premises hereunder, and if Licensee shall fail to do so, Licensor shall have the right to make such removal at Licensee' s expense, the amount of which expense Licensee shall pay to Licensor on demand, and, if Licensor shall so elect, it shall have the right to take possession of and appropriate to itself without payment therefor any property of Licensee, or anyone claiming under it, then remaining on the premises. IN WITNESS WHEREOF, the parties have executed this License A^,.re :erg at v 'Brook, Illinois, the day and year first above v.ri.t en. .VILLAGE OF OAK BROOK By " President T. Viila=�e Clerk Seal OSLO DRUG, By: j President ATTLST: Secretary -e VILLAGE OF OAK BROOK MINUTES OF HOVE,IBER 26, 1974 I . CALL MEETING TO ORDEP. A. Roll Call The regular meeting ti-ras called to order at 8 :00 P. M. by President Novell . All trustees were present. II . READING OF MINUTES Trustee Rush moved - seconded . by Trustee Hayes i That the reading of the minutes of the regular meeting of Nove�;�ber 12 , 1974 be suspended and that they be accepted as . submittei Voice vote all in favor. So ordered. III . ORDINANCES , RESOLUTIONS , VARIATIONS , PLATS_, ETC. ( A Ordinance G- 168, Osco Drugs , Inc. - Sign Variation &. License Each trustee was provided with a copy of a proposed ordinance granting Osco Drug , Inc. , 1818 Swift Drive, a variation to erect a sign three W ) feet south of the entrance drive as per the site plans submitted , and conditioned to a license from the Village of Oak Brook to Osco Drug , Inc. , permitting the sign .to encroach -into the right-of-way. Trustee Rush moved . - - seconded by' Trustee Swain That Ordinance G-168 and the License Agreement as presented be approved with the insertion of "30 days" into Item 7 of the. License Agreement and that the reading of said ordinance and license be .waived. Roll call vote : Ayes : - Trustees Baschen , Brown , Hayes, Rush , Swain and President Howell Nayes : - Trustee Congreve Absent : - None - So ordered . IV. FINANCIAL A. Investments The following investments were recommended by the Finance , Corporate Planning , and Public Properties Committee. 1 . One federally secured certificate of deposit in the amount of $175 ,000 , drawn on the Corporate Account to be invested at the First National Bank & Trust Co. to mature on February 12, 1975 at the rate of 9. 13%. Trustee Baschen moved - seconded by Trustee Congreve That the investment as presented be approved . Roll Call vote : Ayes : - Trustees Baschen , Brown , Congreve ,. Hayes Rush , and . Swain - P t H w Abstain : reside ll n o e P,lavoc _ Nnno jl L.c. So ordered . i -6- VI OLD BUSINESS Continued B . Review of Furniture & Furnishings Bids - Continued Roll Call Vote - Ayes Trustees Baschen, Brown, Congreve , Hayes , Rush, Swain and. President Howell Nayes - None So ordered. C. Hinsdale/Oak Brook Water Agreement Chairman Joseph Rush, Zoning & Planning Committee , requested trustees ' comments re above subject prior to Committee meeting with Village of Hinsdale on November 13th, 1974 . Subject tabled to board of trustees ' meeting of November 26 , 1974. oD- Osco Drugs , Inc . - Sign Variation All trustees were provided with a copy of Minutes of Zoning Board of Appeals meeting of November 5, 1974 recommending this variation be approved for a variation to erect an entrance sign 30" high by 716" wide , approximately three feet south of the entrance drive and extending the width of the sign east of property line. Trustee Rush moved - seconded by Trustee Hayes . .. That the village board accept the recommendation of the Zoning Board of Appeals and approve this variation and direct the village attorney to prepare the necessary ordinance. Roll Call Vote - Ayes - Trustees Baschen, Brown, Hayes , Rush and President Howell Nayes - Trustees Congreve and Swain So ordered. E. J. Cotter - Variation Side Yard This subject was tabled to the village board meeting of November 26 , 1974. Subject will be studied further by Zoning & Planning Committee, and village manager is to check on administrative procedure . VII ITEW BUSINESS A. Cost-of-Living Adjustment This subject was tabled to the village board agenda of November 26 , 1974. B. Well Request - John Racila, Jr. Each trustee was provided with a copy of a request for permission install a private water supply system to serve Lot 1, 2820 Oak Brook Road owned by Mr. John Racila , Jr. Property is not present- ly within reach of the village water distribution system. Trustee Hayes moved - seconded by Trustee Congreve. . . That the request for a well, as presented , be approved with the stipulation that connection to the village water system be made when it is available. Roll Call Vote - Ayes - Trustees Baschen, Brown, Congreve, Hayes , Rush, Swain and President Howell Nayes - None So ordered . 11-12-74 a 1, y� 7 of C VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 October 30, 1974 To Whom It May Concern : Osco Drugs , 1818 Swift Drive was removed from the Zoning Board of Appeals agenda on October 1st per their request. This was a request for a variation to erect an entrance sign, 30" high by 7 ' 6" wide , approximately three feet south of the entrance drive and extending the width of the sign east of property line . Osco Drugs has been rescheduled for the Zoning Board of Appeals meeting on Tuesday , November 5th and then to the Board of Trustees meetings on Tuesday, November 12th and Tuesday, November 26 , 1974. Respe tfully, C?rester arb fi Administrative istant CDY/ee I M eadowood Drive Osco Drugs , Inca 2 Mr. Gruce G: Posey-1818 Swift Drive 3 4 Polarid Corporation 5 2020 Swift Drive 7 Merch , Sharp & Dohme . 8 2010 Swift Drive I Woodside Western Electric IQMeadwood Drive 2025 Windsor 13 I . T.T. 14 ✓ 15 Palisades 2107 Swift Drive - . 16 A. E. Staley Mfg . . Corp. 17 - - 2011 Swift Drive 18 19 Portec Inc. 20 300 Windsor Drive 21 22 Pennwalt Corp. 23 111 Windsor 29 Hickory 31 Swift & Co. -Research Center 32 1919 Swift Drive 33 34 Xerox Corporation' 35 Mierdowood 100 Windsor Drive 36 1808 Swift Drive - 37 38 Woodside- Jones Medical Inst. Co . , 39 .200 Windsor Drive 40 41 Oak Brook Assoc. of Commerce -& Industry 42 Mr. Richard Ascher 2 Woodridge 44 oodridood 2111 Enco Drive-Du Pont Walston 3 - 4. Oak Brook Development Co. 55' 14eadowood Phil D Anna 7 Woodridge - 1301 - 22nd Street 8• 9 10 1Y 12- 721 S. York Rd . e ' 4 • ding Board of Appeals Meeting - October 1 , 1974 OSCO DRUGS , INC. :.--SIGN VARIATION Acting Chariman Fraser noted that a letter had been received from Osco Drugs , Inc. asking that the Osco Drugs , Inc . case be held over to the next regular meeting of the Zoning Board of Appeals on November 5 , 1974. IT WAS SO ORDERED. T UUK NtW AUUKtbb lb- OS L O D RU LINC. OAK SWIFT OOK,DILL. 60521 3030 Cullerton Drive, Franklin Park, Illinois 60131 Area Code 312 589-0500 c jt Std 0U 1 4� September 30, 1974 .`iLLii, = OF Urt BKt : , !L' . SUI ll°1Et.RING, Di:PT. Mr. Ken Carmignani Village Manager c/o Zoning Board of Appeals Oak Brook Village Hall Oak Brook, IL 60521 Dear Mr. Carmignani : Osco Drug is currently on the agenda for the October 1 meeting of the Zoning Board of Appeals relative to the location of a . sign identifying its building at 1818 Swift Drive. We have been working with the village engineer to arrive at a satis- factory solution to the problem of placement of the sign along with a variety of electric gear recently installed to serve the new village street-lighting system. Since my last meeting with Mr. Littleton, the street light and related equipment installation has been completed. Before we submit our revised variation request, we would like to verify that the location of the sign which Mr. Littleton and I felt would be satisfactory really is, now that everything "electrical is in place. To accomplish this we respectfully request that Osco be removed from your October 1st nda and placed on the one of November 5, 1974. Most co r Tally, r G. Posey, D' or Administrative rvi es BGP/amg ` — L ,` r September 30 , 19 7 4 f. cc : Charles M. Rhodes Edward S. Fraser .r Virgil C. Fuller Arthur F . Muschler John R. Lavery • i Allan M. Roysdon . K. Skinner Arthur H . Ehle , Bldg . Comm. Marianne Lakosil , Chester D. Yarbrough , Admin . As Charles Littleton , Village city . K. G. Carmignani , Village 4i r. . 9 � 9 9 � . Page 7 VI' OLD BUSINESS (Continued* L. Agreement - Village of Oak Brook/State of Illinois - Oak Brook Road (31st St.) Each trustee was provided with a copy of a memo dated September 6, 1974 from Trustee Hayes relative to Agreement with the State of Illinois for road improvement of Oak Brook Road west of Fire Station 1 to Route 83. The cost of same is to be reimbursed by the County. Trustee Hayes moved - seconded by Trustee. Congreve. .. That the agreement be executed and the payment to the State in the amount of $32,905.00 as presented be approved and that the village attorney prepare the necessary legal requirements. Roll Call Vote: Ayes - Trustees Brown, Congreve, Hayes, Rush and President Howell. Nayes - None Absent - Trustees Baschen and Swain. So ordered. Trustee Brown left the meeting at 9:30 P.M. ` M. FAUS Projects Each trustee was provided with a copy of a memo dated September 6, 1974 from Trustee Hayes relative to- proposed FAUS projects for the 1975 fiscal year which includes (1) the intersection of 22nd St. and Jorie Blvd. and (2) the improvement of Spring Road from Harger Road to 16th Street and 16th Street from Spring Road to Route 83. Trustee Hayes moved - seconded by Trustee Congreve. . . That the above (2) two improvements be included as FAUS projects and that they be included in the 1975 work program. Roll Call Vote: Ayes - Trustees Congreve, Hayes, Rush and President Howell. Nayes - None Absent - Trustees Baschen, Brown and Swain. So ordered. �T Jewel-Osco - Sign Each trustee was provided with a copy of a memo dated September 6, 1974 from Engineer Littleton relative to a request of the board for staff to investigate possible sign location for Osco, 1818 Swift Drive. Trustee Rush moved - seconded by Trustee Hayes. .. That this subject be referred back to the Zoning Board of Appeals. Voice vote - all in favor. So ordered. VII NEN BUSINESS A. Appointment to Board of Fire $ Police Commission - Mr. Walter Imrie. Each trustee was provided with a copy of a memo dated September 5, 1974 from Trustee Congreve relative to a recommendation for appointment of Mr. Halter Imrie, 209 Oak Brook Road, as a member of the Board of Police and Fire Commissioners. Mr. Imrie will serve the unexpired term of Mr.' John P. Coffey which expires May 23, 1974. Trustee Congreve moved - seconded by Trustee Hayes. . . That appointment of Mr. 11,alter Imrie to the Board of Police and Fire Commissioners as presented be approved. Voice vote - all in favor. So ordered. B. Dr. R. Elliot Politser - Rear Yard Variation This item was referred to the next regular Zoning Board of Appeals meeting of October 1, 1974. i74 AL Page 7 E -t ins File No. 74-160I 0 E r °a? J 90 0 v t UN VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS September 6 , 1974 654-2220 MEMO TO: President and Board of Trustees FROM: Engineering Department RE: Jewel Osco Sign As directed by the Village Board on August 12, 1974 - I met with Mr. Bruce. Posey of Jewel Osco relative to the location of a sign identifying their offices on Swift Drive. Art Ehle and Marianne Lakosil of the building department were also present. ' It was our recommendation and Mr. Posey concurred that the sign be installed on their property south of the driveway and west of the west right-of-way line of Swift Drive. The sign would over- hang and extend about 3 feet into the right-of-way of Swift Drive. This location would place the sign between the hydrant and street light controller pedestal . It would be back far enough from the pavement so as not to interfere with sight distance for vehicles using the driveway. P.elandscapping will be required to provide proper visibility. According to Mr. Posey Xerox has agreed to allow them to relocate the trees and shrubs' in this area. R Application can now be made to the Zoning Board of Appeals for a variation since the sign is to be installed on private property. Respectfully submitted, Charles A. Littleton , P. E . Village Engineer CAL ;ee cc : Mr. Bruce Posey --- - - -- r-ru�c.c:v aaa�c� uavvcu JG<.V1aLLGLL V�' 11 UJ LGC-i 171 VV 11. That the request for a well as presented be approved subject to connection to the village system when it is available . Roll Call Vote : Ayes - Trustees Baschen, Brown, Congreve, Hayes , Rush and President Howell. Nayes - None Z�C!lL - 1 i ltd LGC JWdlll. JV Ordered. L t } I ZONING BOARD OF APPEALS Minutes of August _6 , 1974 P. 9 Osco Drugs , Inc. Sin Variation - i Acting Chairman Fraser proceeded to swear in Mr. Bruce Posey . Mr. Posey explained his variation request. Mr. Posey noted that O.sco Drugs, Inc. did- not have a 10t setback north of the property line that would allow compliance with' the ordinance. Mr. Posey indicated that he would like to have a sign placed east -of the property line to identify Osco Drugs, Inc. Mr. Posey noted that this sign would' be on •village property. i Acting Chairman.Fraser suggested that this had not been made clear in application. h a the PP 1i •n Village Attorney Teschner noted that puting a sign on village property, could present a potential problem roblem in view of the liability related to a privately owned sign on village property. -Board Member Lavery suggested that the application be returned to the village board in view of the fact that the proposed sign was not on the owner's property and that the sign, as. proposed, would be in the right- of-way of the village. Board Member Lavery motioned to return this variation to the village board for appropriate action. This motion was seconded by Board Member Fuller. There were four affirmative votes . The motion carried. There being no further business before the Oak Brook Zoning Board of Appeals , this meeting was adjourned at 9:20 P.M. Respectfully submitted, Che4ter yarb r> Administrative, sslstant CDY/ls 1 y 2b , 1974 MAILING SENT TO: ( In addition to the ane-s shown on the agenda) OSCO DRUGS , INC -Sign variation Zoning Board of Appeals Meeting, August 6 , 1974 Addressed to Resident : 1 Meadowood Drive 2 Mr. John F. Clark-16 W 234 Walnut Lane 3 Mr . Thomas Wason-2809 Oak Brook Rd.. 4 John Lindquist-61 Sheffield Ln. Mr. P. J . Boyle-15 Camelot Drive 5 5 Mr. Gene Baroni=12 Luthin Rd . 7 8 g 10 11 13 14 15 Palisades 16 17 . 18 19 20 21 22 .23 29 Hickory 31 32 33 34 35 Meadowood 36 37 38 Woodside 39 40 41 42 44 Meadowood 2 Woodridge 3 4 55 Meadowood 7 Woodridge 8 9 10 71 12 . 721 S. York Rd. Original : Genl . Govt. Office cc : Marianne Engineering ' LaVerne 1974-75 COMMUNITY HOMEOIVS ASSOCIATION PRESIDENTS Fullersbur� Woods Gene Baroni 12 Luthin Road Zoning & Planning Committee 654-3618 - Mr. Joe Rush Brook Forest 3721 Spring Rd. P. J . Boyle 15 Camelot Drive Mr. John Baschen 27 Windsor Drive Woodside Estates Mr. Fred Brown Harold W. Unger 710 Acorn Hill Lane 24 Palisades Drive 833-1357 Ginger Creek Edwar S. Fraser 63 Baybrook Lane 654-0435 Yorkshire Woods Arthur F. Musc ler 55 Yorkshire Woods 833-8154 York Woods John Lindquist 61 Sheffield Lane 654-1379 West-Oak Brook T omas Wason 2809 Oak Brook Road 323-6780 Briarwood Lakes Philip D nna Oak Brook Development Co. 1301 -22nd St. 654-3400 Robinhood Ranch Thomas B. Doyle 7 Robinhood Drive 944-0205 325-1039 Merry Lane Subdivision Al Hos er 820 Merry Lane 325-5442 Timber Trails Estates ,® John F. Clark • 234 Walnut Lane 833-4250 Oak Brook Civic Assoc. Ralph E. Maxon 6 Woodridge 833-8864 • • VILLAGE OF OAK BROOK 1200 OAK BROOK R.OADJuly 24 , 1974 OAK BROOK, ILLINOIS 654-2220 Dear Resident, The Oak Brook Zoning Board of Appeals and Village Board will be consider- ing a: Zoning Amendment Special Use X Variation at their meetings scheduled on the reverse side of this notice. . Please refer to the schedule for time , place and dates of meetings. The Application has been filed by Osco Drugs , Inc. name of applicant 1818 Swift Drive address Oak Brook , I1 . 60521 Mr. Bruce G. Posey Director Admi i tr relationship of applicant to property Location Northeast corner of the Village ( see attached area plan ) We have attached a map of the area to assist you in determining your relationship to the property in question. The specific action being requested is as follows: To erect an entrance sign , 30" high by 7 ' 6" wide , approximately 3' south of the entrance drive and extending the width of the sign east of property line . If you desire more detailed information, we would suggest that you. contact the Inspection Bureau located in Fire. Station No. 1 at 1212 Oak Brook Road, Oak Brook, Illinois to review the file on this application. R spec fully yours, Ke eth G. Carmig ni KGC/ls Vil age Manager (over) att. y • All meetings are held in the T. A. Mohlman Board Room of the Oak Brook Village Hall on Oak Brook Road (31st Street) and Spring Road, Oak Brook, Illinois. Plan Commission Meeting 7:30 P.M. , Monday Zoning Board of Appeals Meeting 7:30 P.M. ,Tuesday August 6 , 1974 Board of Trustees Meeting 8 :00 P.M. ,Tuesday August 13, 1974 Board of Trustees Meeting 8:00 P.M. ,Tuesday August 27, 1974 (Ordinance Approval) a _ OK Ali ewel 0 co _ � -��, .,.- ,1• i f __,T _ �= `�-; ._ _�= 12 rift 0 it A- i 4,� E , N.5 - - A f ST f ' = r-'► i� t BOARD MEETING--JULY 9, 1974 E. Osco Drugs, Inc. - Sign Variation President Pro Tem Rush referred this to the Zoning Board of Appeals meeting • of August 6, 1974. .ems V `' Vi'ALLAGE OF OJAK BROOK APPLICATION' FOR PUBLIC HEta.i APPLICATION FOR PUBL, 'EARING i`c3itQ Of OWP_er O GOU �' I.S3 G Address 5w rFT ' Datum- City. J State D�� o �� .. (,o Z Tele N M97-�o© a If ounaeris being represented by someone other than himself, please l fill in the information below: Others. Representative Name -- 5 Address_► ' City , State Tele . No. General Location or Address of Property �2 Legal Description of Property .p,�Q-; NG w State specific action requested and give reasons for sage: (Refer to pertinent section of Oak Brook Zoning 04dinance G-60),.' /__7 Zoning Amendment = .Special Use 1L�X Variation Fee: • $150.00 Fee: 5150.00 Fee: $150.00 ALL APPLICATIONS MUST BE ACM.PANIED BY PROPER FEE, TEN COPIES OF A SCALE DR.tWI`:G OF A RECENT SURVEY PRE- PARED BY A REGISTERED SURVEYOR AND SHO DING THE PROP: RTY LINES, EXISTI`:G BUILDINGS, LOCATION OF PROPOSED CONSTRUCTION AND ANY BUILDINGS ON ADJACENT PROPERTY LOCATED WITHIN 100 F.EET Or SUBJ 'CT PROP,=.RTY. IT IS NECESSARY TFS" THIS IN,"OR2 �TIOt BE RECEIVED BY "HEZcant. FIRST Or Tfi ii0i:1�H FOR PUBLIC HEARI';G ON THE FIRS; TU ESDAY O i3ONTHI.Nail to : Village Clerk Village. of Oak Brook 1200 Oak B;.ook Road Oak Brook, Illinois 60521 Sig OSCO DING, INC. General Accounting Offices High Point Plaza, 4415 West Harrison Street Hillside, Illinois 60162 Area Code 312 449-9450 June 26, 1974 Zoning Board of Appeals Village of Oak Brook, Illinois RE : Request for Variation in Section X-B-6-f (Signs) , Oak Brook Zoning Ordinance, June, 1974 Gentlemen: Osco Drug, Inc. hereby requests permission to erect a permanent ground sign at the entrance to its property at 1818 Swift Drive, Oak Brook. The Osco property, located- in the__extreme northeast corner of the Village (see attached area plan) , is entered only via a 625,1-,driveway from Swift Drive. The driveway, 24 feet wide, is placed 3' off of the north property line of a 35 ' x 625 ' strip deeded to Osco Drug, Inc. by Oak Brook Development Co. in the fall of 1972 to provide access to the 15 acres of property also acquired for building purposes at the same time. The Osco property is thus unique, with its only tangent to a village thoroughfare the 35 ' wide tip of land, two thirds of which is paved. It is thus impossible to maintain the "10 feet from any lot line" ordinance requirement. In addition to the unusual characteristics of the property, the area available for signing is shared with two Commonwealth Edison equipment boxes (the smaller one added June 2.5 , 1974) , a new Village street light, - and a fire hydrant. It is Osco's desire to erect an entrance sign, as shown on the attached drawings, 30" high by 716" wide, approximately 3 ' south of our entrance drive, and extending the width of the sign east of our property line. This would physically place the 'sign some 3 feet from our south property line, and approximately 9 feet west of t e witt Drive pavement and curb. I Such placement would allow the sign to be seen by oncoming traf- fic, thus serving to identify the entrance to the Osco building, but would not seem to be detrimental in any way to adjacent properties or the general character of the locality. This placement avoids visual conflict with the other major items also located in the small plot of ground under discussion. i Page 2 I have enclosed pictures of a temporary sign currently erected at the Osco entrance drive . While the temporary sign is merely a flat plywood sheet, it represents in scope the general appear- ance of the sign requested. The permanent location requested is approximately one sign width to the right (as you view it) of the temporary location, as shown on the tissue overlay on one photograph. The sign would be illuminated from inside so that only the letters and symbol as shown would be lit. A small model demonstrating the unique shape of the sign is also submitted for your information. B ce G. Posey Director, Admi istrative Services BGP/jrw Encs .