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S-1443 - 11/10/2015 - VARIATION - Ordinances (2)DUPAGE COUNTY RECORI DEC.07,2015 PLAT $52.00 06-26 AGES R2015® Dve Space For Recorder's Office On VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, IL 60523-2255 - •*� r sir M� 9:15 AM -100- 009 132635 Property Address/es 1415 and 1515 22 n Street Oak Brook Illinois 60523 If vacant land, so state and list nearest cross streets) PIN No(s). 06-26-100-009 Name and Address of Name and Address of Responsible: Same Party to Receive Copy of Recorded Document and Billing** Eric Thompson ** Oak Brook IL 60523 G/L Account to be charged: 10-1365 Prepared By and Return to: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 Name & Address of Recipient Owner Scott Darling of Consideration (when applicable): ASVRF Oak Brook Regency LLC 801 N. Brand Blvd Suite 800 Glendale CA 91203 G/L Account to be charged 10-1365 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 November 10 2014 the corporate authorities of the above municipality passed and approved: ORDINANCE 2015-ZO-V-EX-S-1443 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 PROPERTIES AT 1415 AND 1515 22ND STREET IN THE VILLAGE OF OAK BROOK, ILLINOIS (PIN: 06-26-100-009) 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 11th day of November 2015. Charlotte K. Pruss Village Clerk Village of Oak Brook DuPage and Cook Counties, Illinois ORDINANCE 2015-ZO-V-EX-S-1443 AN ORDINANCE GRANTING A VARIATION FROM 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 PROPERTIES AT 1415 AND 1515 22ND STREET IN THE VILLAGE OF OAK BROOK, ILLINOIS (PIN: 06-26-100-009) WHEREAS, an application was filed by ASVRF Oak Brook Regency, LLC ("Owner") 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 18 additional parking spaces ("Parking Spaces") in the required front yard setback of the properties located at 1415 and 1515 22nd Street, Oak Brook, Illinois and legally described in Exhibit A attached hereto and incorporated herein (each a "Property" and, collectively, the "Properties"); and WHEREAS, the Properties are located in the 03 Office District ("03 District"); and WHEREAS, Section 13-12-3H.2 of the Zoning Regulations provides that properties located within the 03 District may only have six parking spaces located in the required front yard; and WHEREAS, each Property currently has six parking spaces located in the required front yard; and WHEREAS, with the addition of the Parking Spaces, the Properties will exceed the number of parking spaces permitted in the required front yard setback, and WHEREAS, on October 6, 2015, the Oak Brook Zoning Board of Appeals ("ZBA") conducted a public hearing pursuant to due and appropriate legal notice on the application for the Variation; and WHEREAS, after the close of the public hearing, the ZBA found that the Owner 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 October 20, 2015, recommended approval of the Variation subject to certain conditions ("Recommendation's and WHEREAS, the President and Board of Trustees have reviewed the Recommendation of the ZBA 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 13-14-61D of the Zoning Regulations, and subject to and contingent upon the conditions set forth in Section 3 of this Ordinance, the Owner is hereby granted a variation from Section 13-12-3H.2 of the Zoning Regulations to allow an additional 9 parking spaces to be built on each Property, for a total of 15 parking spaces to be located in the required front yard setback of each Property. Ordinance 2015-ZO-V-EX-S-1443 Variation from Section 13-12-31-1.2 Front Yard Parking Spaces For 1415 and 1515 22nd Street PIN: 06-26-100-009 Page 2 of 9 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 Parking Spaces and landscaping located around and adjacent to the Parking Spaces shall be constructed in substantial conformance with the plans prepared by Daniel Weinbach & Partners, Ltd, and labeled Sheet L-1.0 dated August 21, 2015 and attached hereto and incorporated herein as Exhibit B ("Parking Expansion Layout and Landscape Plan"). B. Screening. (i) Owner shall construct and maintain landscape screening around and adjacent to the Parking Spaces in accordance with the plans prepared by Daniel Weinbach & Partners, Ltd. and labeled Sheet L-1.1 dated August 21, 2015, and attached hereto and incorporated herein as Exhibit BA ("Parking Expansion Plan, Detail and Elevations); and (ii) The earthen berm and evergreen plant screening that is to be constructed and planted in accordance with Section 3.B.i. of this Ordinance must be a minimum of 48 -inches in height of over the entire span of the required screening at the time the Parking Spaces are installed ("Height Requirement") and at all times thereafter; and C. Compliance with Zoning Regulations and Village Code. The Owner 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 Owner submitted his building permit application to the Village except as specifically varied or waived; and D. Compliance with Applicable Law. In addition to the other specific requirements of this Ordinance, the Properties, the Parking Spaces and landscaping, 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 the Owner of the Properties 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. 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 the Owner's heirs, successors, and assigns, and upon any and all current and successor legal or beneficial owners of all or any portion of the Properties. 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: 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 with the Village Clerk, for recording in the Office of the DuPage County Recorder of Deeds, of an executed unconditional Ayes: N Ordinance 2015-ZO-V-EX-S-1443 Variation from Section 13-12-31-1.2 Front Yard Parking Spaces For 1415 and 1515 22nd Street PIN: 06-26-100-009 Page 3 of 9 agreement and consent to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance, which unconditional agreement and consent must be substantially the same form as attached hereto and incorporated herein as Exhibit C. B. In the event that the Owner 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. APPROVED THIS 10th day of November, 2015. r Gopal G. Lalmalani Village President PASSED THIS 10th day of November, 2015. Trustees Adler, Manzo, Moy, T None Absent: Trustee Baar, Trustee Yusuf (for this vote) ATTEST: Charlotte K. Pruss Village Clerk Ordinance 2015-ZO-V-EX-S-1443 Variation from Section 13-12-3H.2 Front Yard Parking Spaces For 1415 and 1515 22nd Street PIN: 06-26-100-009 Page 4 of 9 EXHIBIT A LEGAL DESCRIPTION Property: The subject property is located at 1415 and 1515 22nd Street in Oak Brook, Illinois and the legal description is as follows: Parcel 1: Lot 1 of Kallen's Towers Subdivision, being a Subdivision of part of Lot 6 in Oak Brook Investment Company Assessment Plat No. 4, of part of the Northwest quarter of Section 26, Township 39 North, Range 11, East of the Third Principal Meridian, according to the Plat of said Kallen's Towers Subdivision recorded July 11, 1973 as document R73-42261, and amended by document R77-11482, in Du Page County, Illinois. Parcel 2: Easements appurtenant for ingress and egress as contained in Reciprocal Easement Grant -1972 recorded August 30, 1972 as document R72-52352, as amended by Supplementary Easement Agreement recorded August 6, 2000 as document R2000-121579. Commonly known as: 1415 and 1515 West 22nd Street, Oak Brook, Illinois, 60523 PIN: 06-26-100-009 Ordinance 2015-ZO-V-EX-S-1443 Variation from Section 13-12-31-1.2 Front Yard Parking Spaces For 1415 and 1515 22nd Street PIN: 06-26-100-009 Page 5 of 9 Exhibit B Parking Expansion Layout and Landscape Plan MITem STILT x >� k x x x r 1 I I - x �ewerrn erw emN !°"' xlnm Tn s 1 exroron ollecnoNx I 1 ti �eeror emN I _� `� I.� 1 sNeml Tslwnl.e - ND Da01RC°C!n NIG1lR 1. foaM . l!' WTIN 1X10 al¢a rel! UMrlat xe. TO nary OUlTxG s ln.Nr Dleraxx a Tie ouc elnac uxeb New�aace.r; �� lone «Ncles oam am at.arx ronoe arm eTlmne naNlu s aces ��, rain aerXdLT ravrc �� LAYOUT PLAN T IULe, n•ed-v HEST 2M STREF ------------ `IXereG LvpeU.rC ro I�uN X olDD NaLL lanna� Areae ammau� uvn+c r � X �� �� �I�OIIR90Y 1NC NLL1Ge % r x a'm��lNOefAPf� x NEW eOD N ALL x omnlimEo aPra! dDD°ILNty RdMlC IffMIlSp eY INe veLaGE x x vml o �X \�llll'�e araae �J PLAN ° ! b {O dr�>, DANIEL WEINBACH PARTNERS, LTD. Landscape Architects ox w, d.drl ora. ern. xee cM�.l., a emw �v.ln•xeee amlm,eem i Iss.- OAKBROOKAK BROOK TOWERS xerneer OAIt eeDON, ILLWDa lM1TItle PARKING EXPANSION LAYOUT & LANDSCAPE PLAN PI.IW N°. DNP Ibtee 9 eN Ne, AI N- to Ordinance 2015-ZO-V-EX-S-1443 Variation from Section 13-12-31-1.2 Front Yard Parking Spaces For 1415 and 1515 22nd Street PIN: 06-26-100-009 Page 6 of 9 Exhibit B.1 Parking Expansion Plan, Detail and Elevations �Z�.PLui FROM 2m. 654,15, YleT CILVA� TOP OF mid lui TC - 6`i'ib4' \ `TC • bwAl, TC - 6W.W.-/ 77NfJ 5T. - 69914' 77rm ST.. 690.19' nlV ST. - 69OA3'l Ll 114 O NEW VEST PAW 61' , uEsr Paaca� ELEvanaa rr�n 1u � sr. ecu.ew•.rr �l Easr Pam tzEvanoN Ra�rl w. azrm sr. ecuew•.re• e!e eNxr L.a rcx xrnwe �0 ^ I 7Lr7 VV MID PAyrtYa DETAIL ... PLANT LIST GWl iernAwrx eac IrnrvN Nue ea! le'>Or AOeRK!ldI NOIlD m .we.rmu+xNrar ePnQn EXHIBIT B.1 ..101.P 2.21-11 DANIEL WEINBACH PARTNERS, LTD. Landscapa Architects eO W. Jo�4.m BM. JWb]W CNuOo, ILe0e01 �14l31-Rex Ewplb.mm OAK BROOK TOWERS uie-1111W m—T PARKING EXPANSION PLAN, DETAIL & ELEVATIONS eell]He OWP 161x 'sb BMvI Na AB NOTla L-1.1 I Ordinance 2015-ZO-V-EX-S-1443 Variation from Section 13-12-31-1.2 Front Yard Parking Spaces For 1415 and 1515 22nd Street PIN: 06-26-100-009 Page 7 of 9 EXHIBIT C UNCONDITIONAL AGREEMENT AND CONSENT TO: The Village of Oak Brook, Illinois ("Village") WHEREAS, an application was filed by ASVRF Oak Brook Regency, LLC ("Owner") 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 18 additional parking spaces ("Parking Spaces") in the required front yard setback of the Properties located at 1415 and 1515 22nd Street, Oak Brook, Illinois and legally described in Exhibit A attached hereto and incorporated herein (collectively, the "Property"); and WHEREAS, Ordinance No. 2015-ZO-V-EX-S-1443, adopted by the President and Board of Trustees of the Village of Oak Brook on November 10, 2015 ("Ordinance"), grants approval of the Variation, subject to certain modifications, conditions, restrictions, and provisions; and WHEREAS, Subsection 7.13 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the 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 Owner does hereby agree and covenant as follows: 1. The Owner does hereby unconditionally agree to accept, consent to, and abide by all of the terms, conditions, restrictions, and provisions of the Ordinance. 2. The Owner 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 Owner has considered the possibility that the variation granted by the Ordinance may be revoked if the Owner does not comply with the Ordinance; and (iii) the Owner agrees not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right. 3. The Owner acknowledges and agrees that the Village is not and will not be, in any way, liable for any damages or injuries that may be sustained as a result of the Village's issuance of any permits for the construction or use of Parking Spaces on the Property, and that the Village's issuance of any such permits does not, and will not, in any way, be deemed to insure the Owner against damage or injury of any kind and at any time. 4. The Owner agrees to and does hereby hold harmless and indemnify the Village, the Village's corporate authorities, and all Village elected and appointed officials, officers, employees, agents, representatives, and attorneys, from any and all claims that may, at any time, be asserted against any such parties in connection with the construction, operation, and use of the Parking Spaces, 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 2015-ZO-V-EX-S-1443 Variation from Section 13-12-3H.2 Front Yard Parking Spaces For 1415 and 1515 22nd Street PIN: 06-26-100-009 Page 8 of 9 IN WITNESS WHEREOF, S 007-7 DA kLL//U&C executed this Unconditional Agreement and Consent on behalf of ASVRF Oak Brook Regency, LLC, ownership, on this 24 -ay of 200 WMrg&e 2015. ASVRF Oak Brook Regency, LLC By: Its: "a A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss: COUNTY OF LOS ANGELES ) On November 24 2015, before me, Lisa Lee Notary Public, personally appeared Scott Darling, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public: Lisa Lee My Commission Expires: July 19, 2018 116A LEE COM mietlee el 2074351 Notary Public - Ctllfomh t Loa Angeles County M Comm.f Tres Jul 19.2We Ordinance 2015-ZO-V-EX-S-1443 Variation from Section 13-12-31-1.2 Front Yard Parking Spaces For 1415 and 1515 22nd Street PIN: 06-26-100-009 Page 9 of 9 EXHIBIT A TO UNCONDITIONAL AGREEMENT AND CONSENT LEGAL DESCRIPTION Property The subject property is located at 1415 and 1515 22nd Street in Oak Brook, Illinois and the legal description is as follows: Parcel 1: Lot 1 of Kallen's Towers Subdivision, being a Subdivision of part of Lot 6 in Oak Brook Investment Company Assessment Plat No. 4, of part of the Northwest quarter of Section 26, Township 39 North, Range 11, East of the Third Principal Meridian, according to the Plat of said Kallen's Towers Subdivision recorded July 11, 1973 as document R73-42261, and amended by document R77-11482, in Du Page County, Illinois. Parcel 2: Easements appurtenant for ingress and egress as contained in Reciprocal Easement Grant -1972 recorded August 30, 1972 as document R72-52352, as amended by Supplementary Easement Agreement recorded August 6, 2000 as document R2000-121579. Commonly known as: 1415 and 1515 West 22nd Street, Oak Brook, Illinois, 60523 PIN: 06-26-100-009