S-1662 - 10/25/2022 - VARIATION - Ordinances...;'v�=1� 02_ iii -=a� F" `
DOCUNiE`dT '# .,20'22 -105^_ -
DOCUMENT SUBMITTED WITH
LOW QUALITY / ILLEGIBLE PORTIONS
(Above Space For Recorder's Office Only)
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, IL 60523-2255
RECORDED DOCUMENT TITLE PAGE
BROOK. ILLINOIS
Property Address/es 1170 22ND Street, Oak Brook, Illinois 60523
If vacant land, so state and list nearest cross streets)
PIN No(s). 06-23-406-022
Name and Address of
Name and Address of Responsible for Billing: SEE ABOVE Mad Ape
Party to Receive Copy of
Recorded Document and send copy Oak Brook Commons LLC
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:
THE VILLAGE OF OAK BROOK
COOK AND DUPAGE COUNTIES, ILLINOIS
ORDINANCE
NUMBER 2022-ZO-V-EX-S-1662
AN ORDINANCE GRANTING VARIATION FROM PROVISIONS
OF SECTION 13-11-10.0 OF TITLE 13 ("ZONING
REGULATIONS') OF THE VILLAGE CODE OF THE VILLAGE
OF OAK BROOK RELATIVE TO THE ALLOWANCE OF AN
ADDITIONAL WALL SIGN ON THE
BUILDING FOR THE PROPERTY LOCATED AT
1170 22nd STREET, OAK BROOK, ILLINOIS
GOPAL G. LALMALANI, Village President
CHARLOTTE K. PRUSS, Village Clerk
LAURENCE HERMAN
MICHAEL MANZO
JAMES NAGLE
A.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 25th day of October, 2022
ORDINANCE 2022-ZO-V-EX-S-1662
AN ORDINANCE GRANTING VARIATION FROM PROVISIONS OF
SECTION 13-11-10.0 OF TITLE 13 ("ZONING REGULATIONS")
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
RELATIVE TO THE ALLOWANCE OF AN ADDITIONAL WALL SIGN
FOR THE PROPERTY LOCATED AT
1170 22ND STREET IN THE VILLAGE OF OAK BROOK, ILLINOIS
PINS: 06-23-406-022
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 a variance from certain provisions of the Village of
Oak Brook Zoning Ordinance as described herein;
WHEREAS, Mad Ape, LLC d/b/a Alter Brewing Company (the `Business"), with the support of the
property owner Oak Brook Commons LLC (hereinafter referred to as the "Ownee'), of the property located
at 1170 22n0 Street, Oak Brook, Illinois, which is legally described in Exhibit A attached hereto and
incorporated herein (hereinafter referred to as the "Subject Property'l and located in the ORA -2 Zoning
District, has submitted an application requesting a Variation from Section 13-11-10(G)(4) of the Zoning
Ordinance of the Village of Oak Brook, as amended, to allow for: (i) the installation of a projected wall sign;
and alternatively, (ii) one additional wall sign on the building for a total of three wall signs pursuant to Section
13-11-10.0 (hereinafter collectively referred to as the "Variation') for the Business located on the Subject
Property;
WHEREAS, the Village of Oak Brook Zoning Board of Appeals on September 6, 2022 held a public
hearing to consider the Applicant's request and to hear testimony on the proposal and as a result of said
hearing the Village of Oak Brook Zoning Board of Appeals continued the Applicant's case to October 4,
2022 pursuant to Section 13.5 of the Zoning Board of Appeals Rules of Procedure;
WHEREAS, the Village of Oak Brook Zoning Board of Appeals on October 4, 2022 held a public
hearing to reconsider the Applicant's request and to hear testimony on the proposal and as a result of said
hearing the Village of Oak Brook Zoning Board of Appeals issued a positive recommendation in this matter
to permit and allow the requested Variation ((i) the installation of a projected wall sign) on the Subject
Property all pursuant to proper notice and in compliance with the laws of the State of Illinois and ordinances
of the Village of Oak Brook;
WHEREAS, the Village of Oak Brook Zoning Board of Appeals found the request for the installation
of a projected wall sign to be reasonable in that the requested variation is appropriate under the standards
adopted by the Village of Oak Brook in its Zoning Ordinance applicable to zoning variances and made
positive findings of fact in support of said Variance;
WHEREAS, the Zoning Board of Appeals recommends approval of the Applicant's request by the
Board of Trustees of the Village of Oak Brook;
ORD 2022-ZO-V-EX-S-1662
1170 22nd Street— Variation
PIN: 06-23-406-022
Page 2 of 8
WHEREAS, the Corporate Authorities of the Village of Oak Brook find that it would be more
appropriate to forego the variation from Section 13-11-10(G)(4) as it related to a protruding wall sign and
instead grant only the variation from Section 13-11-10.0 allowing a total of three wall signs;
WHEREAS, the Corporate Authorities find the granting of the variation from Section 13-11-10.0
has no detrimental impact on the health, welfare or safety of the public in general and finds that the Applicant
has met his burden in demonstrating the grounds for the requested variation; and
WHEREAS, the corporate authorities of the Village of Oak Brook find that the Applicant has
demonstrated practical difficulties or particular hardship in the application of the Zoning Regulations.
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 (hereinafter the
"Corporate Authorities") 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 in Section 3 of this Ordinance, the Village Board of Trustees shall, and does hereby,
approve a Variation to the Zoning Regulations as follows:
Variation to Section 13-11-10.0 of the Oak Brook Zoning Regulations to permit and allow the
installation of a total of three wall signs for the Business on the property commonly referred to
as 1170 22nd Street, Oak Brook, Illinois as provided for herein.
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 proposed wall sign(s) shall be constructed in
substantial conformance with the site plan and building plan as submitted and attached hereto
and incorporated herein as 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; and
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 local laws, 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 Variation 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 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 Owner of
all or any portion of the Property.
ORD 2022-ZO-V-EX-S-1662
1170 22"d Street- Variation
PIN: 06-23-406-022
Page 3 of 8
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. This ordinance shall be in full force and effect from and after
A. 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's 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 2511 day of October, 2022.
.f—
Gopal G. Lalmalani
Village President
PASSED THIS 251" day of October, 2022.
Trustees Herman, Manzo, Nagle, Reddy, Tiesenga, Yusuf
None
ATTEST,
Charlotte K. Pruss
Village Clerk
ORD 2022-ZO-V-EX-S-1662
1170 22"d Street — Variation
PIN: 06-23-406-022
Page 4 of 8
EXHIBIT A
I4*EI 07MY93Imlei I
Property: 1170 22nd Street, Oak Brook, Illinois
PARCEL 1: LOT C IN THE FINAL PLAT OF SUBDIVISION OF OAK BROOK COMMONS,
BEING A SUBDIVISION OF PART OF THE SOUTHEAST '/, OF SECTION 23, TOWNSHIP
39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED FEBRUARY 5, 2020 AS DOCUMENT NO. 82020-
012533, IN DUPAGE COUNTY, ILLINOIS.
PARCEL 2: NON-EXCLUSIVE AND EXCLUSIVE EASEMENTS FOR THE BENEFIT OF
PARCEL 1 AS SET FORTH IN THE DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENT FOR OAK BROOK COMMONS DATED AUGUST 19,
2020 AND RECORDED SEPTEMBER 2, 2020 AS DOCUMENT NO. R2020-098563 AND AS
AMENDED BY R2021-114906, MADE BY OAK BROOK COMMONS LLC, A DELAWARE
LIMITED LIABILITY COMPANY FOR THE PURPOSE OF PEDESTRIAN AND
VEHICULAR INGRESS AND EGRESS AND PARKING, UTILITIES, USE OF THE PATIO,
OVER AND UPON AREAS AS MORE FULLY DESCRIBED AND SET FORTH THEREIN
ADDRESS 1170 22ND STREET.
PIN: 06-23-406-022
ORD 2022-ZO-V-EX-S-1662
117022nd Street— Variation
PIN: 06-23-406-022
Page 5 of 8
EXHIBIT B
SIGN PLAN
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ORD 2022-ZO-V-EX-S-1662
117022"d Street— Variation
PIN: 06-23-406-022
Page 6 of 8
EXHIBIT C
UNCONDITIONAL AGREEMENT AND CONSENT
WHEREAS, Mad Ape, LLC d/b/a Alter Brewing Company (the "Business'), with the support of the
property owner Oak Brook Commons LLC (hereinafter referred to as the "Owner"), of the property located
at 1170 22n° Street, Oak Brook, Illinois, which is legally described in Exhibit 1 attached hereto and
incorporated herein (hereinafter referred to as the "Subject Property'l and located in the ORA -2 Zoning
District, has submitted an application requesting a Variation from Section 13-11-10.0 of the Zoning
Ordinance of the Village of Oak Brook, as amended, to allow for the installation of one additional wall sign
on the building for a total of three wall signs (hereinafter collectively referred to as the "Variation') for the
Business located on the Subject Property;
WHEREAS, Ordinance No 2022-ZO-V-EX-S-1662 adopted by the President and Board of Trustees
of the Village of Oak Brook on October 11, 2022 grants approval of the Variation 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
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 use of 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 of such parties in connection with the operation and use of the Property, or the Village's
adoption of the Ordinance.
5. The restrictions imposed by this Unconditional Agreement and Consent shall be restrictions running
with the land and shall be binding upon and inure to the benefit of the Owner and his heirs,
successors, assigns, agents, licensees, lessees, invitees, and representatives, including, without
limitation, all subsequent Owners of the Property, or any portion thereof, and all persons claiming
under him to the extent provided in this Unconditional Agreement and Consent. If any of the
privileges or rights created by this Unconditional Agreement and Consent would otherwise be
unlawful or void for violation of (1) the rule against perpetuities or some analogous statutory
provision, (2) the rule restricting restraints on alienation, or (3) any other statutory or common law
rules imposing time limits, then the affected privilege or right shall continue only until 21 years after
ORD 2022-ZO-V-EX-S-1662
1170 221d Street — Variation
PIN: 06-23-406-022
Page 7 of 8
the death of the last survivor of the now living lawful descendants of the current President of the
United States, or for any shorter period that may be required to sustain the validity of the affected
privilege or right.
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.
IN WITNESS WHEREOF, bINQ 5tnN , authorized signatory for Oak Brook Commons LLC, owner
of the subject Property, executed this Unconditional Agreement and Consent on this 21*day of
OC'lbGR , 2022.
Ow\n\ 1 t ons LLC
State of Illinois )
County of Cop.. j
I /NAV,4 AJ Per G'IA2Toa Notary Public in and for the County and State aforesaid do hereby
certify that the Owner, personally known to me, and that he appeared before me this ..Y�ay of
bCTo�E,Q 2022, and acknowledged that he personally executed this instrument.
MARIAN AKERATEORItTO Notary Public
VNOTARY PIflUO, SEAT! OF ILLINOIS
Seal MY OomrWllan F�pYs'JSQS
ORD 2022-ZO-V-EX-S-1662
1170 22nl Street — Variation
PIN: 06-23-406-022
Page 8 of 8
EXHIBIT 1
TO UNCONDITIONAL AGREEMENT AND CONSENT
1111xHa11;7;&Zg712ANI
Property: 1170 22n, Street, Oak Brook, Illinois
PARCEL 1: LOT C IN THE FINAL PLAT OF SUBDIVISION OF OAK BROOK COMMONS,
BEING A SUBDIVISION OF PART OF THE SOUTHEAST'/4 OF SECTION 23, TOWNSHIP
39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED FEBRUARY 5, 2020 AS DOCUMENT NO. 82020-
012533, IN DUPAGE COUNTY, ILLINOIS.
PARCEL 2: NON-EXCLUSIVE AND EXCLUSIVE EASEMENTS FOR THE BENEFIT OF
PARCEL 1 AS SET FORTH IN THE DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENT FOR OAK BROOK COMMONS DATED AUGUST 19,
2020 AND RECORDED SEPTEMBER 2, 2020 AS DOCUMENT NO. R2020-098563 AND AS
AMENDED BY R2021-114906, MADE BY OAK BROOK COMMONS LLC, A DELAWARE
LIMITED LIABILITY COMPANY FOR THE PURPOSE OF PEDESTRIAN AND
VEHICULAR INGRESS AND EGRESS AND PARKING, UTILITIES, USE OF THE PATIO,
OVER AND UPON AREAS AS MORE FULLY DESCRIBED AND SET FORTH THEREIN
ADDRESS 1170 22ND STREET.
PIN: 06-23-406-022