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S-1488 - 02/28/2017 - VARIATION - Ordinances ORDINANCE 2017-ZO-V-EX-S-1488 AN ORDINANCE GRANTING VARIATIONS FROM CERTAIN PROVISIONS OF SECTION 13-11-10 OF TITLE 13 ("ZONING REGULATIONS")OF THE VILLAGE OF OAK BROOK RELATIVE TO WALL AND MONUMENT SIGNS FOR THE PROPERTIES LOCATED AT 1211 -1225-130122 nd STREET IN THE VILLAGE OF OAK BROOK, ILLINOIS PIN: 06-26-100-012 WHEREAS, an application has been filed by Cornerstone Restaurant Group for the Michael Jordan's Restaurant ("Petitioner"), as tenant, and AG Oak Brook Executive Venture, LLC, as owner ("Owner'), of the properties located at 1211 — 1225 — 1301 22nd Street, Oak Brook, Illinois, which is legally described in Exhibit A attached hereto and incorporated herein ("Property'l, requesting variations from Sections 13-11-10C.8 and 13-11-10E.3 (collectively, ("Variations") of the Zoning Ordinance of the Village of Oak Brook, as amended ("Zoning Regulations'), to allow for the construction of a wall sign (`Wall Sign'l and increase the height of the monument signs ("Monument Signs"); and WHEREAS, Section 13-11-10C.8-8 of the Zoning Regulations does not permit more than two (2) walls per street frontage per building in the 03 Office District("03 District'j; and WHEREAS, Section 13-11-10E.3 of the Zoning Regulations does not permit monument signs to be in excess of ten feet(10'); and WHEREAS, the Petitioner and Owner cannot install the Wall Sign and the Monument Signs proposed without obtaining Variations on the Property, as follows: 1. Section 13-11-10C.8 — Variation to permit the construction of three (3) wall signs on the Property; and 2. Section 13-11-10E.3 — Variation to permit three (3) monument signs to be constructed to a height of fourteen feet(14') on the Property. WHEREAS, on January 17, 2017, the Oak Brook Zoning Board of Appeals ("ZBA') conducted a public hearing on the application for the requested Variations, pursuant to due and appropriate legal notice; and WHEREAS, after the close of the public hearing, the ZBA found that Petitioner and Owner satisfactorily addressed the factors required for approval of the sign variations set forth in Section 13-14- 6D of the Zoning Regulations and, in a letter to the President and Board of Trustees dated February 6, 2017, recommended approval of the Variations subject to certain conditions; and WHEREAS, on February 14, 2017, the Village President and the Board of Trustees reviewed the recommendations and concurred with the findings made by the ZBA; and WHEREAS, the applicable requirements of Section 13-14-6D of the Village Code relating to the granting of variations to the Zoning Regulations have been met and deem the Variations, as set forth below, to be in the best interests of the Village. Ordinance 2017-ZO-V-EX-S-1488 1211-1225-1301 22nd Street-Variations PIN: 06-26-100-012 Page 2 of 8 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. Restatement and Grant of Variations. Subject to, and contingent on the conditions, restrictions, and provisions set forth in Section Three of this Ordinance, the Village Board of Trustees shall, and does hereby, approve variations to the Zoning Regulations to permit: 1. Variation to Section 13-11-10C.8 of the Sign Regulations to permit the construction of an additional wall sign for a total of three(3)wall signs on the Property; and 2. Variation to Section 13-11-10E.3 of the Sign Regulations to permit a total of three (3) monument signs to be constructed to a height of fourteen feet(14'). Section 3. Conditions. The approval granted in Section 2 of this Ordinance is expressly subject to and contingent upon each of the following conditions: A. Substantial Conformance with Plans. The Wall Signs and Monument Signs will be constructed in substantial conformance with the plans prepared by South Water Signs dated November 14, 2016, attached hereto and incorporated herein collectively as Exhibit B. B. Previously Approved Variations and Special Use. All other provisions of any approved special use or variation previously approved for the Property shall remain in full force and effect unless specifically changed by this Ordinance. C. Compliance with Applicable Law. In addition to the other specific requirements of this Ordinance, the Property and all of the operations and activities conducted on and in the Property, must comply at all times with all applicable federal, state, and Village statutes, ordinances, resolutions, rules, codes, and regulations. Section 4. Failure to Comply with Conditions. Upon failure or refusal of Owner and Petitioner to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, the Variations 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. This Ordinance and the privileges, obligations, and provisions contained herein shall inure solely to the benefit of, and be binding upon the Owner and any and all of its heirs, successors, and assigns, and upon any and all current and successor legal or beneficial owners of all or any portion of the Property. Section 6. Severability. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this Ordinance. 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 Owner and Petitioner with the Village Clerk, for recording in the Office of the DuPage County Recorder of Deeds, of an unconditional agreement Ordinance 2017-ZO-V-EX-S-1488 1211-1225-1301 22nd Street-Variations PIN: 06-26-100-012 Page 3 of 8 and consent("Unconditional Agreement and Consent')to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance. The unconditional agreement and consent must be executed by the Owner and Petitioner. The unconditional agreement and consent must be substantially in the form attached hereto and incorporated herein as Exhibit C. B. In the event that Owner and Petitioner do 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 will have the right, in their sole discretion, to declare this Ordinance null and voic and of no force or effect. APPROVED THIS 281h day of February, 2017. Gopal G. I_almalani Village President PASSED THIS 28th day of February, 2017. Ayes: Trustees Adler, Baar, Manzo, Tiesenga, Yusuf Nays: None Absent: Trustee Mov x ATTEST: Charlotte K. Pruss s t ' Village Clerk Ordinance 2017-ZO-V-EX-S-1488 1211-1225-1301 22nd Street-Variations PIN: 06-26-100-012 Page 4 of 8 EXHIBIT A LEGAL DESCRIPTION Property: The subject Property is located at 1211-1225-1301 22nd Street, in Oak Brook, Illinois and the legal description is as follows: LOT 1 IN THE MANU LIFE SUBDIVISION, BEING A RESUBDIVISION OF PART OF LOT 6 IN OAK BROOK INVESTMENT COMPANY ASSESSMENT PLAT NUMBER 4, OF PART OF THE NORTHWEST 1/4 OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF MANU LIFE SUBDIVISION RECORDED AUGUST 8, 1978 AS DOCUMENT R78-74138, IN DUPAGE COUNTY, ILLINOIS PIN: 06-26-100-012 Ordinance 2017-ZO-V-EX-S-1488 1211-1225-1301 22-d Street-Variations PIN: 06-26-100-012 Page 5 of 8 Exhibit B Wall and Monument Sign Plans x wow 00J* to I ! ---+Existi.9 Oak&•oak 6`0" OAK BROOK 1 Twenty Two 4�—--' SVnage Remains y N; .(5)AcWtiona9 sign R SPOOK f C 1 Dartc95(6 match L e■isiing 0 OAK •ROOK j •ern.tee • '•__--•each tenant ge3s ° .. tur pone sign Existing Monument Slgnage Elevation Proposed Monument Signage Elevation R ' ai �{ P IL .. Existing sign conditions ey of existing sign structure and support Google Street View accent pillars and bring to SWS shop for retro-fit ricated aluminum structure internally ,,., two ad Mongl ent Sign two., red and backed with white acrylic ° panel as able urvey of graphics & closest font available. s ib+P MixAlerR �, •ieawc i�' �• 7;tl i ttJ � Client Project Name&Location i.+i r --- -- Cornstone Restaurant Group Michael Jordan's Restaurant 1tt)9 16 — u 11 14 1P, OFSOUIHWAILMIGNS 1225 22nd St,Oakbrook IL • — ARLRESILMEDBY • 1J Customer Approval Job Number Drawn By t� a WATER SIGNS 7020068 — 8 1 Client Provided Renderings 01 - MJ OB -Architectural Drawings.pdf Sheet-A602 1 T OEFPLED E[IHLLWiNPTEDIlAI'lK IETTEns wDH NIDROU1 f1CNli f ld£NTwdlLETlE118DL1n TDEV IEDiDE�LLDMkNTEO MTYLK IETD:Re �O'�� WIMfLAD1tOUF fROXT Ff�NT M E 1 LETTEPS attYl ....+.s, ra :"TS�. w< ,._ a. MDOIR.T.fOUTUi lID IP11D11EWN/�LENf) ' YFO:DOUIF .•.,... ?A' RIOgKT;81OLNTLMFlFD V110X EOWKFMI T P4 ft f TI ENTRY CA=-,g TI ENTRY CAn_�, - - � TREE>iFD fipNffKl ESroE ELUNfNTED ' 1 MAnKLETiERS DEEP LED iDOM F.YE E eOF LLWnuTEp DOLOM1 PED FROM WNdNG LoGD ' —MM'LK LEnE16 caaf fenfwDLLrwmixC LOCO N�T4ce+rnfL DDT Oran NFy�fi—DOT i-Y) PRDOIICL-9KVIf..IYgE LED 1oR EDUIVNFLn1 _ O.COLRE FROpUCr EIDNATUgE LFD IOM EOUNNEMTI .)ROOF SO FIT V I 6 F GROUNDFLOOR/`, r GROUND FLOOR`\ SIGNAGE ELEVATION-MJ CANOPY SIGNAGE ELEVATION-MJ CANOPY V n LOW IWEST FACING) _. 2)LOGO(FACING EAST) Client Project Name&location Date Revisions THIS DRAWING IS PROPER Cornstone Restaurant Group Michael Jordan's Restaurant 11.09.16 11.14.16 + OU FH WATER SIGNS 1225 22nd St,Oakbrook IL +ARE RESERVED BY SOU J 11 WATER SIGNS isCustomer Approval job Number Drawn By 7020068 rm 4.1 0