S-1333 - 04/10/2012 - ZONING - OrdinancesORDINANCE 2012- ZO- V -EX -S -1333
AN ORDINANCE GRANTING A VARIATION FROM THE
PROVISIONS OF SECTION 13- 12 -31-1.2 OF TITLE 13 ( "ZONING REGULATIONS ")
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
RELATIVE TO PARKING SPACES IN THE REQUIRED FRONT YARD FOR THE PROPERTY AT
600 HUNTER DRIVE IN THE VILLAGE OF OAK BROOK
(PIN: 06 -24- 307 -009)
WHEREAS, an application has been filed by 600 TMBG, LLC ( "Petitioner') requesting a variation
from Section 13- 12 -3H.2 ( "Variation ") of the "Zoning Ordinance of the Village of Oak Brook," as amended
( "Zoning Regulations "), to allow for the construction of 25 additional parking spaces ( "Parking Spaces")
in the required front yard setback on the property located at 600 Hunter Drive, Oak Brook, Illinois and
legally described in Exhibit A attached hereto and incorporated herein ( "Property'); and
WHEREAS, the Property is located in the ORA -1 Office- Research - Assembly District ( "ORA -1
District'); and
WHEREAS, Section 13- 12 -31-1.2 of the Zoning Regulations does not allow more than six (6)
parking spaces to be located in a required front yard for properties located within the ORA -1 District; and
WHEREAS, the Parking Spaces will exceed the 6 parking spaces allowed to encroach into the
required front yard setback in an ORA -1 District, and
WHEREAS, on March 6, 2012 the Oak Brook Zoning Board of Appeals conducted a public
hearing on the request for the Variation, pursuant to due and appropriate legal notice; and
WHEREAS, after the close of the public hearing, the Zoning Board of Appeals found that the
Petitioner satisfactorily addressed the factors required for approval of the Variation set forth in Section 13-
14-6D of the Zoning Regulations and, in a letter to the President and Board of Trustees dated March 21,
2012, recommended approval of the Variation subject to certain conditions; and
WHEREAS, the President and Board of Trustees have reviewed the recommendation of the
Zoning Board of Appeals and deem the Variation as set forth below to be in the best interests of the
Village.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows:
Section 1. Recitals. The foregoing recitals are restated and incorporated herein as the
findings of the President and Board of Trustees.
Section 2. Grant of Variation. Pursuant to the standards set forth in Section 13 -14 -6D of the
Zoning Regulations, and subject to and contingent on the conditions set forth in Section 3 of this
Ordinance, the Petitioner is hereby granted a variation from Section 13- 12 -3H.2 of the Zoning
Regulations to allow for the construction of 25 additional parking spaces in the required front yard
setback.
Section 3. Conditions. The approval granted in Section 2 of this Ordinance is expressly
subject to and contingent upon each of the following conditions:
Ordinance 2012- ZO- V -EX -S -1333
Granting a Variation from the Provisions of Section 13- 12 -31-1.2
For 600 Hunter Drive
Page 2 of 9
A. Substantial Conformance with Plans. The Parking Spaces and landscaping shall be
constructed in substantial conformance with the approved plans, attached hereto and
incorporated herein as Exhibit B;
B. Compliance with Zoning Regulations and Village Code. The Petitioner shall comply with the
Zoning Regulations and all of the provisions contained in the "Village Code of the Village of
Oak Brook, Illinois," as amended, that were in effect on the date that the Petitioner submitted
his building permit application to the Village except as specifically varied or waived; and
C. Compliance with Applicable Law. In addition to the other specific requirements of this
Ordinance, the Property, the Parking Spaces and landscaping, and all of the Petitioner's
operations and activities conducted on and in the Property, must comply at all times with all
applicable federal, state, and Village statutes, ordinances, resolutions, rules, codes, and
regulations.
Section 4. Failure to Comply with Conditions. Upon failure or refusal of the Petitioner to
comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the Variation granted
in Section 2 of this Ordinance will, at the sole discretion of the President and Board of Trustees, by
ordinance duly adopted, be revoked and become null and void.
Section 5. Binding Effect: Non - Transferability. The privileges, obligations, and provisions of
each and every section and provision of this Ordinance are for and inure to the benefit of and run with
and bind the Property, unless otherwise explicitly set forth in this ordinance.
Section 6. Severability. If any section, paragraph, clause or provision of this Ordinance
shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this Ordinance.
Section 7. Effective Date.
A. This Ordinance will be effective only upon the occurrence of all of the following events:
i. Passage by the President and Board of Trustees of the Village of Oak Brook
in the manner required by law;
ii. Publication in pamphlet form in the manner required by law; and
iii. The filing by the Petitioner with the Village Clerk, for recording in the Office of
the DuPage County Recorder of Deeds, of an unconditional agreement and
consent to accept and abide by each and all of the terms, conditions, and
limitations set forth in this Ordinance. The unconditional agreement and
consent must be executed by the Petitioner and Owner. The unconditional
agreement and consent must be substantially in the form attached hereto
and incorporated herein as Exhibit C.
B. In the event that the Petitioner does not file with the Village Clerk the unconditional
agreement and consent required by Paragraph 7.A.(iii) of this Ordinance within 60 days after
the date of final passage of this Ordinance, the Board of Trustees of Trustees will have the
right, in their sole discretion, to declare this Ordinance null and void and of no force or effect.
[SIGNATURE PAGE FOLLOWS]
Ordinance 2012- ZO- V -EX -S -1333
Granting a Variation from the Provisions of Section 13- 12 -3H.2
For 600 Hunter Drive
Page 3 of 9
APPROVED THIS 10th day of April, 2012.
Gopal G. Lalmalani
Village President
PASSED THIS 10th day of April, 2012.
Ayes: Trnataaa Aktipic Man7tn Mny. Wolin Vuauf and Tannic
M.".. None
None
ATTEST:
Charlotte K. Pruss
Village Clerk
Ordinance 2012- ZO- V -EX -S -1333
Granting a Variation from the Provisions of Section 13- 12 -3H.2
For 600 Hunter Drive
Page 4 of 9
EXHIBIT A
LEGAL DESCRIPTION
Property:
LOT 6 IN BUTLER COMPANY M -1 INC., ASSESSMENT PLAT NO. 3, IN SECTIONS 23 AND 24,
TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED JULY 8, 1964 AS DOCUMENT R64- 24070, IN DUPAGE COUNTY,
ILLINOIS.
Commonly known as 600 Hunter Drive, Oak Brook, IL
PIN: 06 -24- 307 -009
Ordinance 2012- ZO -V -EXS -1333
Granting a Variation from the Provisions of Section 13- 12 -3H.2
For 600 Hunter Drive
Page 5 of 9
Exhibit B
Site Plan
Ordinance 2012- ZO- V -EX -S -1333
Granting a Variation from the Provisions of Section 13- 12 -3H.2
For 600 Hunter Drive
Page 6 of 9
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
TO: The Village of Oak Brook, Illinois ( "Village ")
WHEREAS, an application has been filed by 600 TMBG, LLC ( "Petitioner") requesting a variation
from Section 13- 12 -31-1.2 ( "Variation ") of the "Zoning Ordinance of the Village of Oak Brook," as amended
( "Zoning Regulations"), to allow for the construction of 25 additional parking spaces ( "Parking Spaces ")
in the required front yard setback on the property located at 600 Hunter Drive, Oak Brook, Illinois and
legally described in Exhibit A attached hereto and incorporated herein ( "Property'); and
WHEREAS, Ordinance No. 2012- ZO- V -EX -S -1333, adopted by the President and Board of
Trustees of the Village of Oak Brook on April 10, 2012, ( "Ordinance ") grants approval of the Variation,
subject to certain modifications, conditions, restrictions, and provisions; and
WHEREAS, Subsection 7.6 of the Ordinance provides, among other things, that the Ordinance
will be of no force or effect unless and until the Petitioner and Owner files this Unconditional Agreement
and Consent with the Village Clerk and consents to accept and abide by each of the terms, conditions
and limitations set forth in the Ordinance;
NOW, THEREFORE, the Petitioner and Owner do hereby agree and covenant as follows
1. The Petitioner does hereby unconditionally agree to accept, consent to, and abide by all of the
terms, conditions, restrictions, and provisions of the Ordinance.
2. The Petitioner acknowledges and agrees that: (i) public notices and hearings have been properly
given and held with respect to the adoption of the Ordinance; (ii) the Petitioner and Owner have
considered the possibility that the variation granted by the Ordinance may be revoked if the Petitioner
does not comply with the Ordinance; and (iii) the Petitioner agrees not to challenge any such revocation
on the grounds of any procedural infirmity or a denial of any procedural right.
3. The Petitioner acknowledges and agrees that the Village is not and will not be, in any way, liable
for any damages or injuries that may be sustained as a result of the Village's issuance of any permits for
the construction or use of the sunroom addition on the Property, and that the Village's issuance of any
such permit does not, and will not, in any way, be deemed to insure the Owner or Petitioner against
damage or injury of any kind and at any time.
4. The Petitioner agrees to and does hereby hold harmless and indemnify the Village, the Village's
corporate authorities, and all Village elected and appointed officials, officers, employees, agents,
representatives, and attorneys, from any and all claims that may, at any time, be asserted against any
such parties in connection with the construction, operation, and use of the sunroom addition, the
Property, or the Village's adoption of the Ordinance.
5. This Unconditional Agreement and Consent may not be amended, modified, released or annulled
except upon the express, prior written approval of the Village of Oak Brook.
[SIGNATURE PAGE FOLLOWS]
Ordinance 2012- ZO- V -EX -S -1333
Granting a Variation from the Provisions of Section 13- 12 -3H.2
For 600 Hunter Drive
Page 7 of 9
Dated: , 2012.
Michael Grace
Grace Capital Group, Inc..
Dated: , 2012.
Thomas Grace
Grace Capital Group, Inc.
Ordinance 2012- ZO- V -EX -S -1333
Granting a Variation from the Provisions of Section 13- 12 -31-1.2
For 600 Hunter Drive
Page 8 of 9
EXHIBIT TO UNCONDITIONAL AGREEMENT AND CONSENT
LEGAL DESCRIPTION
Property:
LOT 6 IN BUTLER COMPANY M -1 INC., ASSESSMENT PLAT NO. 3, IN SECTIONS 23 AND 24,
TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED JULY 8, 1964 AS DOCUMENT R64.24070, IN DUPAGE COUNTY,
ILLINOIS.
Commonly known as 600 Hunter Drive, Oak Brook, IL
PIN: 06 -24- 307 -009
Ordinance 2012- ZO- V -EX -S -1333
Granting a Variation from the Provisions of Section 13- 12 -3H.2
For 600 Hunter Drive
Page 9 of 9
IN WITNESS WHEREOF, Michael Grace executed this Unconditional Agreement and Consent this
day of 2012
Michael Grace
State of Illinois
County of DuPage
I,
do hereby certify that Michael
day of
Seal
a Notary Public in and for the County and State aforesaid
Grace, personally known to me, and that he appeared before me this
_, 2012, and acknowledged that he personally executed this instrument.
Public
IN WITNESS WHEREOF, Thomas Grace executed this Unconditional Agreement and Consent this
day of 2012
Thomas Grace
State of Illinois
County of DuPage
I, a Notary Public in and for the County and State aforesaid
do hereby certify that Thomas Grace, personally known to me, and that he appeared before me this
day of , 2012, and acknowledged that he personally executed this instrument.
Notary Public
Seal
Ordinance 2012- ZO -V -EXS -1333
Granting a Variation from the Provisions of Section 13- 12 -3H.2
For 600 Hunter Drive
Page 7 of 9
Dated: % ' j23 2012.
Group, Inc..
Dated: / 3 , 2012.
Thomas Grace
Grace Capital Group, Inc.
IN WITNESS WHE EOF, ichael Grace
,7-3 days 012�G
State of Illinois
County of DuPage
Ordinance 2012- ZO -V -EXS -1333
Granting a Variation from the Provisions of Section 13- 12 -3H.2
For 600 Hunter Drive
Page 9 of 9
this Unconditional Agreement and Consent this
I, / - m! —s-r alit a Notary Public in and for the County and State aforesaid
do hereby certify that Michael Grace, personally known to me, and that he appeared before me this
,2.9*,o- day of AOA; t_ , 2012, and acknowledged that he personally executed this instrument.
OFFCIAL SEAL
GAIL POLANEK
Seal Notary Public -State of Illinois
My Commission Expires Jul 12, 2014
Notary Public
IN WITNESS WH EOF, omas Grace executed this Unconditional Agreement and Consent this
jtay of �' 2012
Thomas Grace
State of Illinois
County of DuPage
I, 6A-?'l c- a Notary Public in and for the County and State aforesaid
do hereby certify that Thomas Grace, personally known to me, and that he appeared before me this
Q2 day of IWIZ -%/ 2012, and acknowledged that person$"xecuted this instrument.
f/��/�/ 1::-_
Notary Public
Seal OFFICIAL SEAL
GAIL POLANEK
Notary Public - State of Illinois
My Commission Expires Jul 12, 2014
FREI
DUPAGEI
AUG.10,2012
OTHER
013 PAGES
(Above Space For Recorder's Office Only)
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, IL 60523 -2255
RECORDED DOCUMENT TITLE PAGE
06- 24- 307 - 009
R2012- 104983
OAK BROOK ILLINOIS
Property Address /es 600 22ntl Street (Formerly 600 Hunter), Oak Brook, Illinois 60523
If vacant land, so state and list nearest cross streets)
PIN No(s). 06 -24- 307 -009
Name and Address of
Name and Address of Responsible: Same
Party to Receive Copy of
Recorded Document and Billing Same as above
G/L Account to be charged: (1200 -1365
Prepared By and Return to: lage of Oak Brook
Oak Brook Road
k Brook, Illinois 60!
Name & Address of Recipient N/A /
of Consideration (when applicable):
G/L Account to be charged:
STATE OF ILLINOIS )
) SS.
COUNTIES OF COOK AND DUPAGE )
I, Charlotte K. Pruss, do hereby certify that I am the duly elected and acting Village Clerk of the
Village of Oak Brook, DuPage and Cook Counties, Illinois.
I DO FURTHER CERTIFY that on April 10, 2012 the corporate authorities of
the above municipality passed and approved:
ORDINANCE 2012- ZO- V -FX -S -1333
AN ORDINANCE GRANTING A VARIATION FROM THE
PROVISIONS OF SECTION 13- 12 -3H.2 OF TITLE 13 ( "ZONING REGULATIONS ")
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
RELATIVE TO PARKING SPACES IN THE REQUIRED FRONT YARD FOR
THE PROPERTY AT 600 HUNTER DRIVE IN THE VILLAGE OF OAK BROOK
I DO FURTHER CERTIFY that the original document, of which the annexed copy is a true copy,
is entrusted to my care for safekeeping and I am the keeper of the same.
I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries, resolutions,
ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties, Illinois.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the
Village of Oak Brook this 9th day of August 2012
(:�harlotte K. Pruss
gage Clerk
r °,�Oage of Oak Brook
f` } cDijPage and Cook Counties, Illinois