S-1653 - 07/12/2022 - VARIATION - Ordinances (2)G IIIIIICINIVINInINndu�9
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(Above Space For Recorder's Office Only)
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, IL 60523-2255
RECORDED DOCUMENT TITLE PAGE
Title of Document: AN ORDINANCE GRANTING VARIATIONS FROM PROVISIONS OF SECTION
13-11-10.C.5 and 13-10.D.1 OF THE TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE OF
OAK BROOK TO ALLOW AN ADDITIONAL MONUMENT SIGN AND A RETAIL USE ON FOR THE
PROPERTY LOCATED AT 1225 22ND STREET IN THE VILLAGE OF OAK BROOK, ILLINOIS
Property Address/es _ 1225 22"d Street, Oak Brook, Illinois 60523
PIN No(s).
If vacant land, so state and list nearest cross streets)
06-26-100-012
Name and Address of Applicant: AG Oak Brook Executive Park Owner LLC
1301 22nd Street
Oak Brook. IL 60523
Name and Address of Responsible: SEE ABOVE
Party to Receive Copy of
Recorded Document and Billing
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 N/A
of Consideration (when applicable):
G/L Account to be charged:
/M
THE VILLAGE OF OAK BROOK
COOK AND DUPAGE COUNTIES, ILLINOIS
ORDINANCE
NUMBER 2022-ZO-V-EX-S-1653
AN ORDINANCE GRANTING VARIATIONS FROM
PROVISIONS OF SECTIONS 13-11-10.C.5 and 13-1OD. 1 OF
TITLE 13 ("ZONING REGULATIONS") OF THE VILLAGE CODE
OF THE VILLAGE OF OAK BROOK TO ALLOW AN
ADDITIONAL MONUMENT SIGN AND A RETAIL USE FOR THE
PROPERTY LOCATED AT 1225 22ND STREET, OAK BROOK,
ILLINOIS
GOPAL G. LALMALANI, Village President
CHARLOTTE K. PRUSS, Village Clerk
LARRY HERMAN
MICHAEL MANZO
JAMES NAGLE
SURESH REDDY
EDWARD TIESENGA
ASIF YUSUF
Village Board
Published in pamphlet form by authority of the
President and the Board of Trustees of the Village of Oak Brook
on this the 12th day of July, 2022
ORDINANCE 2022-ZO-V-EX-S-1653
AN ORDINANCE GRANTING VARIATIONS FROM PROVISIONS OF
SECTIONS 13-11-10.C.5 AND 13-10.D.1 OF TITLE 13 ("ZONING REGULATIONS")
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
TO ALLOW AN ADDITIONAL MONUMENT SIGN AND A RETAIL USE
FOR THE PROPERTY LOCATED AT
122522 nd STREET, OAK BROOK, ILLINOIS
PIN: 06-26-100-012
WHEREAS, the Village of Oak Brook is a municipal corporation organized pursuant to the laws of
the State of Illinois,
WHEREAS, the Village of Oak Brook is authorized by the Illinois Municipal Code, 65 ILCS 5/11-
13-5, to vary its zoning regulations where there are practical difficulties or particular hardship in observing
those regulations for the use, construction, or alteration of buildings or structures or the use of land,
WHEREAS, the property owner has requested variations from the certain provisions of the Village
of Oak Brook Zoning Ordinance as described herein,
WHEREAS, an application has been filed by AG Oak Brook Executive Park Owner LLC,
(hereinafter referred to as the "Petitioner" or "Owner"), the owner of the property located at 1225 22nd
Street, Oak Brook, Illinois, which is legally described in Exhibit A attached hereto and incorporated herein
("Property"), requesting variations from Section 13-11-10.C.5 and 13-10.D.1 (the requested "Variations")
of the Zoning Ordinance of the Village of Oak Brook, as amended ("Zoning Regulations"), to allow for the
construction of an additional monument sign and to exceed 2,000 square -feet of floor area for a retail use
in the 0-3 Office District;
WHEREAS, Section 13-11-10.C.5 allows for one monument sign per street frontage for zoning lot
frontage that is less than seven hundred feet (700') in length, and up to two (2) monument signs per street
frontage for zoning lot frontage that is seven hundred feet (700') or more in length;
WHEREAS, Section 13-10.D.1 allows retail sales and personal service uses, having no exterior
advertising and accessible only from the lobby and interior of the building (which is over 12 stories in height)
and the used for a permitted principal use and when no single establishment occupies more than two
thousand (2,000) square feet of floor area;
WHEREAS, on June 7, 2022, the Oak Brook Zoning Board of Appeals ("ZBA") conducted a public
hearing on the requested variations for the Property pursuant to due and appropriate legal notice on May
17, 2022;
WHEREAS, after the close of the public hearing, the ZBA found that Petitioner had satisfactorily
addressed the factors required for approval of the Variations from Sections 13-11-10.C.5 and 13-10.D.1 of
the Zoning Regulations and, in a letter to the President and Board of Trustees dated June 30, 2022,
recommended approval of the requested Variations subject to certain conditions;
Ordinance 2022-ZO-V-EX-S-1653
1225 22"d St — Variations
PIN 06-26-100-012
Page 2 of 8
WHEREAS, the Village President and Board of Trustees: (i) find that the applicable requirements
of Sections 13-11-10.C.5 and 13-10.D.1 of the Village Code relating to the granting of the Variations to the
Zoning Regulations have been met; and (ii) deem that granting the Variations, as provided herein, to be in
the best interests of the Village, subject to the terms and condition of this ordinance.
NOW, THEREFORE, BE IT ORDAINED, in open meeting assembled, by the Village President and
Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois as follows:
Section 1. Recitals. The Corporate Authorities hereby find that all of the recitals hereinbefore
stated as contained in the preamble to the Ordinance are full, true and correct and do hereby, by reference,
incorporate and make them part of this Ordinance as legislative findings.
Section 2. Grant of Variation. Subject to, and contingent on the conditions, restrictions, and
provisions set forth herein, the Village Board of Trustees shall, and does hereby, approve the requested
Variations to the Zoning Regulations as follows:
Variation to Section 13-11-10C.5 of the Oak Brook Zoning Regulations to allow an additional
ground monument sign for a single tenant, in addition to the three existing multitenant
monument signs. (For purposes of clarification, the Property will have a total of four ground
monument signs in lieu of the two that are otherwise permitted.)
Variation to Section 13-10.D.1 of the Oak Brook Zoning Regulations to permit an accessory
use to exceed 2,000 square -feet of floor area.
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 design and placement of the proposed sign shall be
constructed in substantial conformance with the plans as submitted and attached and the retail
use shall be in substantial conformance with the plan as submitted. Exhibit B.
B. Compliance with Zoning Regulations and Village Code. The Owner shall meet all Village
Ordinance requirements at the time of building permit application except as specifically varied
or waived by this, or subsequent, Ordinances.
C. Compliance with Applicable Law. In addition to the other specific requirements of this
Ordinance 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.
A. Upon failure or refusal of the Owner to comply with any or all of the conditions, restrictions, or
provisions of this Ordinance, the Variations granted herein, 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 Eq ffect. 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 Owner 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.
Ordinance 2022-ZO-V-EX-S-1653
1225 22n' St — Variations
PIN 06-26-100-012
Page 3of8
Section 7. Effective Date.
A. This ordinance shall be in full force and effect from and after its passage, approval and
publication as provided by law. and
B. The filing by the Owner with the Village Clerk, for recording in the Office of the DuPage County
Recorder of Deeds, of an unconditional agreement 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. The unconditional agreement and consent must be substantially in the form attached
hereto and incorporated herein as Exhibit C. In the event that the Owner does not file with the
Village Clerk the unconditional agreement and consent required herein 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 void and of no force or effect.
Section 8. Conflict Clause. That all ordinances or parts of ordinances in conflict with the
terms of this ordinance shall be repealed to the extent of said conflict.
Section 9. Publication. This ordinance shall be published in book or pamphlet form as
provided by the Illinois Municipal Code.
Section 10. Recording. This ordinance shall be entered into the minutes and upon the
journals of the Board of Trustees of the Village of Oak Brook.
APPROVED THIS 121h day of July 2022.
Gopal G. Lalmalani
Village President
PASSED THIS 121h day of July 2022.
Ayes:
Trustees Herman, Manzo, Nagle, Reddy, Tiesenga, Yusuf
Nays:
None
Absent: None
J#
I
Charlotte K. Pruss
Village Clerk
EXHIBIT A
LEGAL DESCRIPTION
Property: 1225 22nd Street
PIN: 06-26-100-012
Ordinance 2022-ZO-V-EX-S-1653
122522 n, St — Variations
PIN 06-26-100-012
Page 4 of 8
LOT 1 IN THE MANU LIFE SUBDIVISON, BEING A RESUBIVSION OF PART OF LOT 6 IN OAK
BROOK INVESTMENT COMPANY ASSESSMANT PLAT NUMBER 4, OF PART OF THE NORTHWEST
Y4 OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT OF MANU LIFE SUBDIVISON RECORDED AUGUST 8, 1978 AS
DOCUMENT R78-74138, IN DUPAGE COUNTY, ILLINOIS
Ordinance 2022-ZO-V-EX-S-1653
122522 nd St — Variations
PIN 06-26-100-012
Page 5 of 8
EXHIBIT B
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Ordinance 2022-ZO-V-EX-S-1653
1225 22"d St — Variations
PIN 06-26-100-012
Page 6 of 8
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
WHEREAS, an application has been filed AG Oak Brook Executive Park Owner LLC, ("Owner"),
the owner of the property located at 1225 22nd Street, Oak Brook, Illinois, which is legally described in
Exhibit A attached hereto and incorporated herein ("Property"), requesting variations from Section 13-11-
10.C.5 and 13-10.D.1 of the Zoning Ordinance of the Village of Oak Brook, as amended ("Zoning
Regulations"), to allow for the construction of an additional monument sign and to exceed 2,000 square -
feet of floor area in the 0-3 Office District;
WHEREAS, Ordinance No 2022-ZO-V-EX-S-1653, adopted by the President and Board of
Trustees of the Village of Oak Brook on July 12, 2021 grants approval of the Variations subject to certain
modifications, conditions, restrictions, and provisions; and
WHEREAS, the Ordinance provides, among other things, that the Ordinance will be of no force or
effect unless and until 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, Owner does hereby agree and covenants as follows:
The Owner hereby unconditionally agrees to accept, consent to, and abide by all of the terms,
conditions, restrictions, and provisions of the Ordinance.
2. The Owner acknowledges that: (1) 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
Variations 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 use of the Property for the signs and the construction of the new Retail Space; 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 of such parties in connection with the operation and use of the Property, or the Village's
adoption of the Ordinance.
5. Petitioner shall, and does hereby, agree to pay all expenses incurred by the Village in defending
itself with regard to any and all claims mentioned in this Unconditional Agreement and Consent.
These expenses shall include all out of pocket expenses, such as attorneys' and experts' fees, and
shall also include the reasonable value of any services rendered by any employee of the Village.
6. 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.
7. This Unconditional Agreement and Consent may be executed in counterparts, each of which shall
constitute an original document, which together shall constitute one and the same instrument.
Ordinance 2022-ZO-V-EX-S-1653
1225 22"' St — Variations
PIN 06-26-100-012
Page 7 of 8
IN WITNESS WHEREOF, executed this Unconditional Agreement
and Consent on behalf of AG Oak Brook Executive Park Ventures, LLC. on this day of TV_
2022.
0. /4 S ac t w� dol puas�¢ r'
AG Oak roo Execu e Park Ventu es, LLC
By: A -,g.>,.
r.- i L.
Its: evetwEXAk AAA)4934er
State of Illinois )
I
County of v e)
I, Sk S 01� V-1 C, V rr a Notary Public in and for the County and State aforesaid do hereby
certify that a duly authorized representative of AG Oak Brook Executive Park Ventures, LLC, appeared
before me this 1A day of7:7(,. J %Q , 2022, and acknowledged that he personally executed
this instrument.
i -MR-FA i
Notary
Seal
SUSAN K CURRY
Official Seal
Notary Public - State of Illinois
My Commission Expires Nov 29, 2025
Ordinance 2022-ZO-V-EX-S-1653
122522 d St — Variations
PIN 06-26-100-012
Page 8 of 8
EXHIBIT 1
TO UNCONDITIONAL AGREEMENT AND CONSENT
LEGAL DESCRIPTION
Property: 122522 ndStreet
PIN: 06-26-100-012
LOT 1 IN THE MANU LIFE SUBDIVISON, BEING A RESUBIVSION OF PART OF LOT 6 IN OAK BROOK
INVESTMENT COMPANY ASSESSMANT PLAT NUMBER 4, OF PART OF THE NORTHWEST '/4 OF
SECTION 26, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT OF MANU LIFE SUBDIVISON RECORDED AUGUST 8, 1978 AS
DOCUMENT R78-74138, IN DUPAGE COUNTY, ILLINOIS