S-1267 - 06/23/2009 - ZONING - Ordinances FRED BUCHOLZ
DUPAGE COUNTY RECORDER 16 PM
JUN.30,2009
OTHER 06—28—103—020
005 PAGES R2009- 100806
(Above Space For Recorder's Office Only)
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, Illinois 60523-2255
RECORDED DOCUMENT TITLE PAGE
Title of Document ORDINANCE R DINING AREA ADJACENT TO A RESTAURANT SPECIAL USE FOR AN OUTDOO AURANT FOR THE
PROPERTY LOCATED AT 3041 BUTTERFIELD ROAD IN THE VILLAGE OF OAK BROOK
Property Address/es 3041 BUTTERFIELD ROAD, Suite 117
(If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.)
OAK BROOK, IL 60523
Pin Number/s 06-28-103-020
Name & Address of Applicant: 123 MAW ST, SUITE 11230, SAN FRANCISCO, CA 94105
Name & Address of Responsible FAST FRESH ITALIAN LLC-TONY SEAVERS
Party to Receive Copy of 123 MAIN STREET, SUITE 1230
Recorded Document and Billing: SAN FRANCISCO, CA 94105
G/L Account#to be Charged: 10-1365
Prepared By: Village of Oak Brook Return To: Village of Oak Brook
1200 Oak Brook Road 1200 Oak Brook Road
Oak Brook, Illinois 60523 Oak Brook, Illinois 60523
Name & Address of Recipient N/A
of Consideration (when applicable):
G/L Account# to be Charged:
ORDINANCE 2009-ZO-SU-EX1-S-1267
AN ORDINANCE GRANTING SPECIAL USE FOR AN
OUTDOOR DINING AREA ADJACENT TO A RESTAURANT
FOR THE PROPERTY LOCATED AT 3041 BUTTERFIELD ROAD
IN THE VILLAGE OF OAK BROOK
(PIN: 06-28-103-020)
WHEREAS, an application has been filed by Fast Fresh Italian, LLC (the "Petitioner") requesting
a special use to allow an outdoor dining area for the property at 3041 Butterfield Road, Oak Brook, Illinois
("Property") adjacent to the Go Roma restaurant; and
WHEREAS, at its public meeting on May 18, 2009 the Plan Commission reviewed the requested
special use and by a vote of 6-0 recommended approval of the proposed special use subject to certain
conditions; and
WHEREAS, on June 2, 2009 the Zoning Board of Appeals conducted a public hearing on the
requested special use pursuant to due and appropriate legal notice and by a vote of 7-0, the Zoning
Board of Appeals recommended approval of the special use to allow an outdoor dining area subject to
certain conditions described herein; and
WHEREAS, the Zoning Board of Appeals found that the Petitioner satisfactorily addressed the
factors required for approval of the requested special use and made specific findings, including that the
special use would be operated so that the public health, safety and welfare will be protected, and that
there will be no substantial injury to other property in the neighborhood; and
WHEREAS, the Village President and Board of Trustees have reviewed the recommendations of
the Plan Commission and the Zoning Board of Appeals and deem the special use, 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: The foregoing preambles are restated and incorporated herein by reference as though
fully set forth herein.
Section 2: The Petitioner is hereby granted the following special uses for the development of the
Property subject to the conditions specified herein:
A. A special use to allow an outdoor dining area subject to the following conditions:
1. The outdoor dining area is to be constructed in substantial conformance with the
plans as shown on pages E of the case file.
2. The perimeter planter/barriers will be permanent and constructed in accordance
with the plans submitted
3. The restaurant will be responsible for maintaining and cleaning the outdoor areas
and shall comply with all applicable requirements of the DuPage County Health
Department.
4. The outdoor dining areas will be operated in accordance with the following rules
of operation:
Ordinance 2009-ZO-SU-EX1-S-1267
Special Use Outdoor Dining-
Go Roma-3041 Butterfield Road
(PIN 06-28-103-020)
Page 2 of 3
a. A maximum of 26 seats may be provided in the outdoor dining area.
b. The emergency egress gates shall open out only.
c. Access to the outdoor dining area shall be through the restaurant only.
5. Comply with all other applicable rules and ordinances of the Village of Oak Brook.
6. The Petitioner shall meet all Village Code requirements at the time of building permit
application except as specifically varied or waived by this ordinance.
Section 3: The special uses and the scope of this ordinance are limited to the Property, which is
legally described on Exhibit A attached hereto and incorporated herein by reference.
Section 4: 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 5: All ordinances or parts thereof in conflict with the provisions of this ordinance are
hereby repealed to the extent of such conflict.
Section 6: This ordinance shall be in full force and effect from and after its passage, approval
and publication as required by law.
APPROVED THIS 23rd day of June, 2009.
Ca
Ill ,
%!r
Je . Craig
ge President
PASSED THIS 23rd day of June, 2009.
Ayes: Trustees Aktipis, Carson, Moy, Saiyed, Wolin and Zannis
Nays: None
Absent: None
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/C1. e4,-.)..._;- ATTEST:
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.. O'•. 'f *r, ' Village Clerk
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Ordinance 2009-ZO-SU-EX1-S-1267
Special Use Outdoor Dining—
Go Roma—3041 Butterfield Road
(PIN 06-28-103-020)
Page 3 of 3
Exhibit A
LOT 1 IN NAI HIFFMAN BUTTERFIELD ROAD SUBDIVISION, BEING A SUBDIVISION
OF PART OF THE NORTHEAST QUARTER, SECTION 28, TOWNSHIP 39 NORTH,
RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED JULY 14, 2006 AS DOCUMENT R2006-134912. IN DUPAGE
COUNTY, ILLINOIS.
Go ROMA
3041 BUTTERFIELD ROAD
Special Use— Outdoor Dining Area
INDEX
PAGE CONTENTS
12-12.a Memorandum from Director of Community Development Kallien - Village Board Agenda —
Dated June 23, 2009
11-11.b Ordinance S-1267
10-10.a Recommendation Letter from Zoning Board of Appeals dated June 16, 2009
9-9.c Zoning Board of Appeals Meeting Minutes dated June 2, 2009
8-8.a Recommendation Letter from the Plan Commission dated May 28, 2009
7-7.b Plan Commission Meeting Minutes dated May 18, 2009
6-6.b Staff Report from Director of Community Development Kallien — dated May 14, 2009
5 Certificate of Publication dated May 15, 2009
4 Resident Letter dated May 12, 2009
3-3.a Board of Trustees Meeting Minutes dated May 26, 2009 (not Included)
2 Referral Memo— Board of Trustees Agenda dated May 26, 2009
1 Zoning Ordinance Section 13-7A-2— Special Uses B-1 District
PAGE CONTENTS
A Petition Application
B Letter of Standing —Approval of Special Use Request— NAI Hiffman
C Letter of Explanation
D Special Use Factors
E Site Plan Showing Seating Area (Included — Not Attached)
F Pictures of Patio Area
G Fee/Receipt for Special Use
H Certification of Surrounding Property Owners
1-1.1 Surrounding Property Owners List
J Subject Property Verification
K Legal Description
L Map Showing Surrounding Zoning
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CF COUN'S*A,\y
AGENDA ITEM
Regular Board of Trustees Meeting
of
June 23, 2009
SUBJECT: Go Roma Restaurant (Fast Fresh Italian LLC)— 3041 Butterfield Road, Oak Brook
Promenade—Special Use—Outdoor Dining Area Adjacent to a Restaurant
FROM: Robert L. Kallien, Jr., AICP, Community Development Director
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to concur with the recommendations from the Plan
Commission and Zoning Board of Appeals approving a special use with the attached
conditions for an outdoor dining area at the Go Roma restaurant located at 3041 Butterfield
Road and to approve the necessary ordinance S-1267.
Backzround/History:
The Plan Commission at its meeting on May 18, 2009 and the Zoning Board of Appeals at its
required public hearing on June 2, 2009, completed their review and deliberations on a petition
from Fast Fresh Italian, LLC, the owner of the Go Roma restaurant, on behalf of NAI Hiffman,
owner of the Oak Brook Promenade seeking approval of a special use in order facilitate the
construction of an outdoor dining area. At the present time, there are four other restaurants (Kona
Grill, McCormick & Schmick, Grotto and most recently, Labriola Caf6) in the Promenade that
have been granted special uses for outdoor dining areas.
The applicant is proposing to operate an outdoor dining area adjacent to their restaurant that will
contain 26 seats.
Recommendation
The Plan Commission, by a vote of 6 to 0 and the Zoning Board, by a vote of 7 to 0 has
recommended approval of the proposed special use for outdoor dining subject to meeting the
following conditions:
1. The development of the outdoor dining area shall be in substantial conformance with the
plans as submitted and approved.
Last saved by DEFAULT J:\i-FROM BOB\Bot-PC-ZBA\BOT-Rec-Final-GoRoma-SU.doc Al
2. The restaurant will be responsible for maintaining and cleaning the outdoor areas and shall
comply with all applicable requirements of the DuPage County Health Department.
3. The outdoor dining areas will be operated in accordance with the following rules of
operation:
a. A maximum of 26 seats may be provided in the outdoor dining area.
b. The emergency egress gates shall open out only.
C. Access from the outdoor dining areas shall be through the restaurant only.
5. Comply with all other applicable rules and ordinances of the Village of Oak Brook.
6. Add the provision "The Petitioner shall meet all Village Code requirements at the time of
building permit application except as specifically varied or waived by this ordinance.
Last saved by DEFAULT JM-FROM BOB\Bot-PC-ZBA\BOT-Rec-Final-GoRoma-SU.doc /�4L
ORDINANCE 2009-ZO-SU-EX1-S-1267
AN ORDINANCE GRANTING SPECIAL USE FOR AN
OUTDOOR DINING AREA ADJACENT TO A RESTAURANT
FOR THE PROPERTY LOCATED AT 3041 BUTTERFIELD ROAD
IN THE VILLAGE OF OAK BROOK
(PIN: 06-28-103-020)
WHEREAS, an application has been filed by Fast Fresh Italian, LLC (the "Petitioner") requesting
a special use to allow an outdoor dining area for the property at 3041 Butterfield Road, Oak Brook, Illinois
("Property") adjacent to the Go Roma restaurant; and
WHEREAS, at its public meeting on May 18, 2009 the Plan Commission reviewed the requested
special use and by a vote of 6-0 recommended approval of the proposed special use subject to certain
conditions; and
WHEREAS, on June 2, 2009 the Zoning Board of Appeals conducted a public hearing on the
requested special use pursuant to due and appropriate legal notice and by a vote of 7-0, the Zoning
Board of Appeals recommended approval of the special use to allow an outdoor dining area subject to
certain conditions described herein; and
WHEREAS, the Zoning Board of Appeals found that the Petitioner satisfactorily addressed the
factors required for approval of the requested special use and made specific findings, including that the
special use would be operated so that the public health, safety and welfare will be protected, and that
there will be no substantial injury to other property in the neighborhood; and
WHEREAS, the Village President and Board of Trustees have reviewed the recommendations of
the Plan Commission and the Zoning Board of Appeals and deem the special use, 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: The foregoing preambles are restated and incorporated herein by reference as though
fully set forth herein.
Section 2: The Petitioner is hereby granted the following special uses for the development of the
Property subject to the conditions specified herein:
A. A special use to allow an outdoor dining area subject to the following conditions:
1. The outdoor dining area is to be constructed in substantial conformance with the
plans as shown on pages E of the case file.
2. The perimeter planter/barriers will be permanent and constructed in accordance
with the plans submitted
3. The restaurant will be responsible for maintaining and cleaning the outdoor areas
and shall comply with all applicable requirements of the DuPage County Health
Department.
4. The outdoor dining areas will be operated in accordance with the following rules
of operation:
/�f
• einance 2009-ZO-SU-EXI-S-1267
Special Use Outdoor Dining-
Go Roma-3041 Butterfield Road
(PIN 06-28-103-020)
Page 2 of 3
a. A maximum of 26 seats may be provided in the outdoor dining area.
b. The emergency egress gates shall open out only.
C. Access to the outdoor dining area shall be through the restaurant only.
5. Comply with all other applicable rules and ordinances of the Village of Oak Brook.
6. The Petitioner shall meet all Village Code requirements at the time of building permit
application except as specifically varied or waived by this ordinance.
Section 3: The special uses and the scope of this ordinance are limited to the Property, which is
legally described on Exhibit A attached hereto and incorporated herein by reference.
Section 4: 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 5: All ordinances or parts thereof in conflict with the provisions of this ordinance are
hereby repealed to the extent of such conflict.
Section 6: This ordinance shall be in full force and effect from and after its passage, approval
and publication as required by law.
APPROVED THIS 23rd day of June, 2009.
John W. Craig
Village President
PASSED THIS 23rd day of June, 2009.
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
��Q
• �inance 2009-ZO-SU-EX1-S-1267
Special Use Outdoor Dining—
Go Roma—3041 Butterfield Road
(PIN 06-28-103-020)
Page 3 of 3
Exhibit A
LOT 1 IN NAI HIFFMAN BUTTERFIELD ROAD SUBDIVISION, BEING A SUBDIVISION
OF PART OF THE NORTHEAST QUARTER, SECTION 28, TOWNSHIP 39 NORTH,
RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED JULY 14, 2006 AS DOCUMENT R2006-134912. IN DUPAGE
COUNTY, ILLINOIS.
6E OF O44. •
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June 16, 2009
Village of
Oak Brook Village President Craig and Board of Trustees
1200 Oak Brook Road Village of Oak Brook
Oak Brook,IL 60523-2255 1200 Oak Brook Road
Website Oak Brook, IL 60523
www.oak-brook.org
Administration SUBJECT: Go Roma Restaurant—3041 Butterfield Road, Oak Brook Promenade—
630.368.5000 Special Use for Outdoor Dining
FAX 630.368.5045
Community Dear President Craig and Board of Trustees:
Development
630.368.5101 Background
FAX 630.368.5128 At its meeting on June 2, 2009 the Zoning Board of Appeals held the required public
Engineering hearing on a petition from Fast Fresh Italian, LLC, the owner of the Go Roma restaurant,
Department on behalf of NAI Hiffinan, owner of the Oak Brook Promenade seeking approval of a
630.368.5130 special use in order facilitate the use of an outdoor dining area. At the present time, there
FAX 630.368.5128 are four other restaurants (Kona Grill, McCormick & Schmick, Grotto and Labriola) in
Fire Department the Promenade that have been granted special uses for outdoor dining.
630.368.5200
FAX 630.368.5250 The applicant stated that the patio area had been set up and in operation without incident
Police Department during the summer of 2008, but when notified by the Village that they were in violation
630.368.8700 of the zoning ordinance ceased the operation and applied for a special use permit. The
FAX 630.368.8739 outdoor dining area will have access only through the restaurant and located on the north
side of the building between Go Roma and Kona Grill to the north. The area is proposed
Public Works
Department to be enclosed with steel railings. Because its location is not in close proximity to
630.368.5270 automobiles additional safety measures were not deemed necessary.
FAX 630.368.5295
Public Comment
Oak Brook All interested parties were notified of the public hearing. No persons spoke either for or
Public Library against the request.
600 Oak Brook Road
Oak Brook,IL 60523-2200 Recommendation
630.368.7700 By a vote of 7 to 0, the Zoning Board of Appeals concurred with the findings of the Plan
FAX 630.368.7704 Commission and recommended approval of the proposed special use for outdoor dining
Oak Brook Sports Core subject to meeting the following conditions:
1. The development of the outdoor dining area shall be in substantial conformance
Bath&Tennis Club with the revised plans as submitted and approved.
700 Oak Brook Road
Oak Brook,IL 60523-4600 2. The restaurant will be responsible for maintaining and cleaning the outdoor area
630.368.6420 and shall comply with all applicable requirements of the DuPage County Health
FAX 630.368.6439
Department.
Golf club 3. The outdoor dining area will be operated in accordance with the following rules
2606 York Road of operation:
Oak Brook,IL 60523-4602
630.368.6400 a. A maximum of 26 seats may be provided in the outdoor dining area.
FAX 630.368.6419
/O
June 16, 2009
President Craig and Board of Trustees
RE: Go Roma—3041 Butterfield Road— Special Use for Outdoor Dining
Page 2
b. The emergency egress gates shall open out only.
c. Access to the dining area shall be through the restaurant only.
4. Comply with all other applicable rules and ordinances of the Village of Oak Brook.
5. Add the provision "Not withstanding the attached exhibits, the applicant shall meet
all Village Ordinance requirements at the time of building permit application except
as specifically varied or waived."
Very truly yours
NOTE: Chairman Davis has reviewed and verbally approved the content
of this letter pending his signature. The signed original will be placed in
the official file upon receipt.
Champ Davis
Chairman
Zoning Board of Appeals
ZBAChairletter-GoRoma-SU-Outdoor Dining-2009.doc
/O•K
MINUTES OF THE JUNE 2, 2009 REGULAR MEETING
DRAFT OF THE ZONING BOARD OF APPEALS OF THE
VILLAGE OF OAK BROOK APPROVED AS WRITTEN
OR AMENDED ON_, 2009
1. CALL TO ORDER: CALL TO ORDER
The Meeting of the Zoning Board of Appeals was called to order by Chairman
Champ Davis in the Samuel E. Dean Board Room of the Butler Government
Center at 7:30 p.m.
2. ROLL CALL: ROLL CALL
Gail Polanek called the roll with the following persons
PRESENT: Chairman Champ Davis, Members Jeffrey Bulin, Glenn
Krietsch, Baker Nimry, Joseph Rush, Steven Young and Wayne
Ziemer
IN ATTENDANCE: Mark Moy, Trustee and Robert Kallien, Jr., Director of
Community Development
3. APPROVAL OF MINUTES: MINUTES
REGULAR ZONING BOARD OF APPEALS MEETING OF MAY 5 2009
Motion by Member Rush, seconded by Member Nimry to approve the minutes
of the May 5, 2009 Regular Zoning Board of Appeals meeting as written.
VOICE VOTE: Motion carried.
4. UNFINISHED BUSINESS UNFINISHED
BUSINESS
There was no unfinished business to discuss.
5 NEW BUSINESS NEW BUSINESS
GO ROMA (FAST FRESH ITALIAN, LLC) — 3041 BUTTEFIRELD GO ROMA - 3041
BUTTERFIELD -
ROAD, SUITE 117 — SPECIAL, USE — OUTDOOR DINING AREA SPECIAL USE -
ADJACENT TO A RESTAURANT OUTDOOR
DINING AREA
Chairman Davis swore in Anthony Seavers, General Manager of the Go Roma
restaurant. Mr. Seavers reviewed the request for special use and said that they
were seeking approval of a special use for Go Roma to allow an outdoor dining
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 1 of 4 June 2, 2009
area that would be located on the north side of the restaurant. They have been a
tenant at the Promenade since February of 2007 and were of the understanding
that their lease allowed the use of the existing outdoor patio area to provide a
unique and comfortable outdoor dining experience for their patrons. The patio
operated successfully and without incident, complaints or issues in 2008. When
the Village informed them that they were in violation of the Zoning Ordinance
they ceased operation of the patio and are hopefully awaiting a successful
resolution to this process so that they can operate the patio again.
It was never their intention to be a problematic neighbor or to violate any local
ordinance. They were acting based on information outlined in their lease
agreement. They are attempting to provide the public with services and
amenities that are consistent with the quality of the upscale service environment
for which Oak Brook is known. Most restaurants in Oak Brook and the
surrounding communities are providing this service to the dining public.
Without this option they would disappoint many of their patrons that have come
to enjoy this very popular amenity. They would also be at a disadvantage in
relation to other outdoor dining establishments in the area. The summer
months are their busiest time of the year and not having outdoor dining would
negatively impact their business and customers. Approval of the outdoor dining
area would positively impact their business without causing any negative
impacts on the public welfare, surrounding properties or the neighborhood.
Chairman Davis noted that the owner of the Go Roma restaurant is Fast Fresh
Italian, LLC who is the applicant. He also noted that the outdoor dining area is
not located adjacent to any roadway.
Mr. Seavers stated that the Plan Commission unanimously recommended
approval of the special use, subject to certain conditions.
Director of Community Development Kallien commented that when the
Promenade was first proposed, they established a cap for restaurants based on
the availability of parking. As the restaurants were actually developed there
was available room for additional restaurants, which is the reason for these
recent requests for the outdoor dining areas. If they had they known there were
going to be more than three (3) restaurants, the number of outdoor dining areas
could have been increased at the time the Promenade was approved.
Director of Community Development Kallien briefly reviewed the request and
said that the Village had recently become aware of an outdoor dining area that
existed at the Go Roma restaurant. At the last meeting a request was processed
for the Labriola Cafe and if this request were approved, there would be five (5)
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 2 of 4 June 2, 2009
outdoor dining areas at the Promenade.
Member Young questioned whether there were going to be some type of
enclosure of the dining area, such as an awning.
Mr. Seavers responded that there would be umbrellas weighted with a 75 pound
base.
Chairman Davis questioned that the file did not mention anything about the
dates that it would be allowed to operate.
Director of Community Development Kallien responded that the dates had not
been included with the last two outdoor dining requests for Labriola and the
Clubhouse. The Midwest seasons have some very nice weather in the late fall
and our timeframes may be a hindrance to the businesses. It would be better
left up to the property owner and establishments. The parameters of those dates
started with Oakbrook Center, which has carried on.
No one in the audience spoke in support of or in opposition to the request.
Chairman Davis noted that the standards had been addressed in the testimony
presented and were provided in writing on page D of the case file. The request
is consistent with other requests. The Plan Commission unanimously approved
the requested special use, subject to certain conditions.
Motion by Member Young, seconded by Member Rush that the applicant
addressed the required standards to recommend approval of the request from
the applicant to permit an outdoor dining area adjacent to the Go Roma
restaurant located at 3041 Butterfield Road, subject to the following conditions:
1. The development of the outdoor dining area shall be in substantial
conformance with the revised plans as submitted and approved.
2. The restaurant will be responsible for maintaining and cleaning the
outdoor areas and shall comply with all applicable requirements of the
DuPage County Health Department.
3. The outdoor dining areas will be operated in accordance with the
following rules of operation:
a. A maximum of 26 seats may be provided in the outdoor dining
area.
b. The emergency egress gates shall open out only.
c. Access to the outdoor dining area shall be through the restaurant
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 3 of 4 June 2, 2009
�6.
only.
4. Comply with all other applicable rules and ordinances of the Village of
Oak Brook.
5. Add the provision "Not withstanding the attached exhibits, the
applicant shall meet all Village Ordinance requirements at the time of
building permit application except as specifically varied or waived."
ROLL CALL VOTE:
Ayes: 7 Members Bulin, Krietsch, Nimry, Rush, Young, Ziemer and Davis
Nays: 0— None. Motion Carried.
6. OTHER BUSINESS OTHER BUSINESS
START: 9:07
Director of Community Development Kallien mentioned that an Appeal has
been filed with the Village and may be on the June 2, 2009 agenda.
On June 3, 2009 there will be a joint special meeting with the Plan Commission
and Zoning Board of Appeals for a public hearing on the Planned Unit
• Development Regulations. It will be a new tool to process developments in the
Village. Instead of applying for various types of relief, special use, variations,
etc., it would allow give and take between the developer and the Village. The
village consultant will provide a presentation and review of the proposed
regulations.
There was no other business to discuss.
7. ADJOURNMENT: ADJOURNMENT
Motion by Member Rush, seconded by Member Nimry to adjourn the meeting
at 7:57 p.m. VOICE VOTE: Motion carried
ATTEST:
Robert Kallien, Director of Community Development
Secretary
VILLAGE OF OAK BROOK
Zoning Board of Appeals Minutes Page 4 of 4 June 2, 2009
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May 28, 2009
Village of
Oak Brook
1200 Oak Brook Road Village President Craig, Board of Trustees and Zoning Board of Appeals
Oak Brook,IL 60523-2255 Village of Oak Brook
Website 1200 Oak Brook Road
www.oak-brook.org Oak Brook, IL 60523
Administration
630.368.5000 SUBJECT: Go Roma—3041 Butterfield Road, Oak Brook Promenade— Special Use
FAX 630.368.5045 for an Outdoor Dining Area
Community
Development Dear President Craig, Board of Trustees and Zoning Board of Appeals:
630.368.5101
FAX 630.368.5128
Background
Engineering At its meeting on May 18, 2009, the Plan Commission completed its review and
Department deliberations on a petition from Fast Fresh Italian, LLC, the owner of the Go Roma
630.368.5130 restaurant seeking approval of a special use in order facilitate the operation of an
FAX 630.368.5128 outdoor dining area. The request was approved and supported by NAI Hiffinan, owner
Fire Department of the Oak Brook Promenade. At the present time, there are four other restaurants (Kona
630.368.5200 Grill, McCormick & Schmick, Grotto and Labriola Caf6) in the Promenade that have
FAX 630.368.5251 been granted special uses for outdoor dining.
Police Department
630.368.8700 The applicant stated that the patio area had been set up and in operation during the
FAX 630.368.8739 summer of 2008, but when notified by the Village that they were in violation of the
zoning ordinance ceased the operation and applied for a special use permit. The
Public Works
Department applicant is proposing to construct an outdoor dining area containing 26 seats, with
630.368.5270 access only through the restaurant and located on the north side of the building between
FAX 630.368.5295 Go Roma and Kona Grill to the north. The area is proposed to be enclosed with steel
railings. Because its location is not in close proximity to automobiles additional safety
Oak Brook measures were not deemed necessary.
Public Library
600 Oak Brook Road Public Comment
Oak Brook,IL 60523-2200 All interested parties were notified of the public meeting. No one in the audience spoke
630.368.7700 in support of or in opposition to the request.
FAX 630.368.7704
Oak Brook Sports Core Recommendation
By a vote of 6 to 0 the Plan Commission recommended approval of the proposed
Bath&Tennis Club special use for outdoor dining subject to meeting the following conditions:
700 Oak Brook Road 1. The development of the outdoor dining area shall be in substantial conformance
Oak Brook,IL 60523-4600
630.368.6420 with the revised plans as submitted and approved.
FAX 630.368.6439
2. The restaurant will be responsible for maintaining and cleaning the outdoor area
Golf Club and shall comply with all applicable requirements of the DuPage County Health
2606 York Road Department.
Oak Brook,IL 60523-4602
630.368.6400
FAX 630.368.6419
May 28, 2009
President Craig, Board of Trustees and Zoning Board of Appeals
RE: Go Roma—3041 Butterfield Road— Special Use for Outdoor Dining
Page 2
3. The outdoor dining area will be operated in accordance with the following rules
of operation:
a. A maximum of 26 seats may be provided in the outdoor dining area.
b. The emergency egress gates shall open out only.
c. Access to the dining area shall be through the restaurant only.
4. Comply with all other applicable rules and ordinances of the Village of Oak Brook.
5. Add the provision "Not withstanding the attached exhibits, the applicant shall meet
all Village Ordinance requirements at the time of building permit application except
as specifically varied or waived."
In making these recommendations, the Plan Commission found that the applicant had
addressed the required standards for the requested special use and that the outdoor
dining area would be designed to protect the public health, safety and welfare.
Very truly yours
NOTE: Chairwoman Payovich has reviewed and verbally approved the
content of this letter pending her signature. The signed original will be
placed in the official file upon receipt.
Barbara"Lexi" Payovich
Chairwoman
Plan Commission
PCChairletter-GoRoma-SU-Outdoor Dining-2009.doc
5 NEW BUSINESS NEW BUSINESS
GO ROMA (FAST FRESH ITALIAN, LLC) — 3041 BUTTEFIRELD ROAD, BU ROMA-TTERFIELD
v D -
SUITE 117 — SPECIAL USE — OUTDOOR DINING AREA ADJACENT TO SPECIAL USE -
A RESTAURANT OUTDOOR
DINING AREA
Director of Community Development Kallien briefly reviewed the request and said
that the Village had recently become aware of an outdoor dining area that existed at
the Go Roma restaurant. At the last meeting a request was processed for the
Labriola Cafe and if this request were approved, there would be five (5) outdoor
dining areas at the Promenade.
Toney Seavers, General Manager of the Go Roma restaurant, provided an overview
and background of the request. He said that they were seeking approval of a special
use for Go Roma to allow an outdoor dining area that would be located on the north
side of the restaurant. They have been a tenant at the Promenade since February of
2007 and were of the understanding that their lease allowed the use of the existing
outdoor patio area to provide a unique and comfortable outdoor dining experience
for their patrons. The patio had been operating successfully and without incident,
complaints or issues in 2007 and 2008. When the Village informed them that they
were in violation of the Zoning Ordinance they ceased operation of the patio by
putting up a sign and communicating to their guests that the patio could not be used
until they were in compliance. It was never their intention to be a problematic
neighbor or to violate any local ordinance. They were acting based on information
outlined in their lease agreement. They are attempting to provide the public with
services and amenities that are consistent with the quality of the upscale service
environment for which Oak Brook is known. Most restaurants in Oak Brook and the
surrounding communities are providing this service to the dining public. Without
this option they would disappoint many of their patrons that have come to enjoy this
very popular amenity. They would also be at a disadvantage with other outdoor
dining establishments in the area. Summer months are their busiest time of the year
and not having outdoor dining would negatively impact their business and
customers. Approval of the outdoor dining area would positively impact their
business without causing any negative impacts on the public welfare, surrounding
properties or the neighborhood. He asked for a favorable decision on the request.
Trustee Wolin noted that he drove by and the location was a natural area for the
requested outdoor dining. He did not see any issue and thought it made a lot of
sense.
Director of Community Development Kallien commented that when the Promenade
was first proposed, they established a cap for restaurants based on the availability of
parking. As the restaurants were actually developed there was available room for
additional restaurants, which is the reason for these recent requests for the outdoor
dining areas. If they had they known there were going to be more than three (3)
VILLAGE OF OAK BROOK
Regular Plan Commission Minutes Page 4 of 8 May 18, 2009
0
restaurants, the number of outdoor dining areas could have been increased at the
time the Promenade was approved.
Member Lalmalani asked how come it took two years to find out that Go Roma was
in violation with the Zoning Ordinance.
Director of Community Development Kallien said that a complaint had never been
received and originally the dining area did not have fencing. The Promenade had
been approved with certain areas throughout the development designed for seating
and it was the impression from staff that it was just one of those areas. When the
Village was notified that it was being operated with an outdoor dining area, it was
checked it out, which is why they are now seeking this request. The Promenade
management was amazed that it was not in compliance with the approved
regulations. It was not a sinister act,but an unintentional oversight.
Mr. Seavers responded that they had been a tenant since 2007 and that existing
seating provided by NAI Hiffman, was located there at that time, and which their
customers did use. Over the summer of 2008 they added some portable fencing and
flowers in order to make it look more like a patio area. Hiffinan never told them
they could not do it and they were not aware that they were in violation of any local
ordinances. When they were told they were in violation, they ceased its operations
immediately. It was not their intention to do anything that would violate the
ordinance, but when they saw the seating was already located there, they did allow
their customers to utilize it.
Director of Community Development Kallien commented that if the department had
more field inspection staff they could do a better job checking for violations
(currently there is one person).
Member Knitter said that the area is located very close to the approved Kona Grill
outdoor dinipg area and you really would need a trained eye to know one use was
approved and the other was not.
Member Singhal questioned whether the current plan as requested would be any
different from how the dining area was previously operated.
Mr. Seavers responded that they would operate the patio during the same timeframe
as the other outdoor dining areas at the Promenade. They are attempting to provide
the public with a service that their customers have become accustomed to. Their
management staff is trained and certified in food service sanitation and Basset
training. The only change would be that the gates would open out from the seating
area and they would add planters with flowers.
Member Knitter questioned whether they would be using space heaters.
VILLAGE OF OAK BROOK
Regular Plan Commission Minutes Page 5 of 8 May 18, 2009
Mr. Seavers responded that they have not and would not use space heaters.
'Member Sharma asked whether the food was served or was it self service.
Mr. Seavers responded that the patrons order the food and it is then served to them at
their table.
No one in the audience spoke in support of or in opposition to the request.
Motion by Member Knitter, seconded by Member Lalmalani to recommend
approval of the request from Go Roma restaurant located at 3041 Butterfield Road
to permit an outdoor dining area adjacent to its restaurant, subject to the following
conditions:
1. The development of the outdoor dining areas shall be in substantial
conformance with the revised plans as submitted and approved.
2. The perimeter barriers will be permanent and constructed in accordance with
the plans submitted.
3. The restaurant will be responsible for maintaining and cleaning the outdoor
areas and shall comply with all applicable requirements of the DuPage
County Health Department.
4. The outdoor dining areas will be operated in accordance with the following
rules of operation:
a. A maximum of 26 seats may be provided in the outdoor dining area.
b. The emergency egress gates shall open out only.
c. Access to the outdoor dining area shall be through the restaurant only.
5. Comply with all other applicable rules and ordinances of the Village of Oak
Brook.
6. Add the provision "Not withstanding the attached exhibits, the applicant
shall meet all Village Ordinance requirements at the time of building permit
application except as specifically varied or waived."
ROLL CALL VOTE:
Ayes: 6 — Members Knitter, Lalmalani, Sharma, Singhal, Tropinski and
Chairwoman Payovich
Nays: 0
Absent: 1 — Member Iyer. Motion Carried.
VILLAGE OF OAK BROOK
Regular Plan Commission Minutes Page 6 of 8 May 18, 2009
VILLAGE OF OAK BROOK
Plan Commission/Zoning Board of Appeals
STAFF REPORT
DATE: May 13, 2009
CASE NOS: 2009-009-ZO-SU Outdoor Dining
DESCRIPTION: Special Use—To permit the construction of an outdoor dining area.
PETITIONER: Fast Fresh Italian LLC (c/o Go Roma)
ADDRESS: 3041 Butterfield Road, Suite 117 (Oak Brook Promenade)
EXISTING ZONING: B-1
ACREAGE: NA
ZONING/USE OF SURROUNDING PROPERTY:
North: Village of Lombard—Fountain Square, Commercial.
South: R-2, Single-Family Detached Residence District, I-88 and single
family homes.
East: ORA-1, Office-Research-Assembly District, Inland Real Estate office
campus.
West: ORA-1, Office-Research-Assembly District, ComEd electric
substation.
DISCUSSION: The applicant, Tony Seavers, on behalf of Fast Fresh Italian LLC, the
parent company for the Go Roma Restaurant located at 3041
Butterfield Road, Suite 117 has submitted a petition seeking approval
of a special use in order facilitate the construction of an outdoor
dining area. NAI Hiffman, the owner of the Oak Brook Promenade
has approved this request.
The patio area was set up and was in operation without approval from
the Village and upon notification the applicant ceased operation of the
dining area until such time of any formal approval.
The applicant is proposing to operate an outdoor dining area for 26
patrons on the patio area that is located between Go Roma and the
Kona Grill to the north. The area will be enclosed with steel rails and
patrons will access the outdoor dining area from the restaurant. Two
emergency gates are provided at the east and west ends of the facility.
i
VILLAGE OF OAK BROOK
Plan Commission/Zoning Board of Appeals
STAFF REPORT
DATE: May 13, 2009
CASE NOS: 2009-009-ZO-SU Outdoor Dining
DESCRIPTION: Special Use—To permit the construction of an outdoor dining area.
PETITIONER: Fast Fresh Italian LLC (c/o Go Roma)
ADDRESS: 3041 Butterfield Road, Suite 117 (Oak Brook Promenade)
EXISTING ZONING: B-1
ACREAGE: NA
ZONING/USE OF SURROUNDING PROPERTY:
North: Village of Lombard—Fountain Square, Commercial.
South: R-2, Single-Family Detached Residence District, I-88 and single
family homes.
East: ORA-1, Office-Research-Assembly District, Inland Real Estate office
campus.
West: ORA-1, Office-Research-Assembly District, ComEd electric
substation.
DISCUSSION: The applicant, Tony Seavers, on behalf of Fast Fresh Italian LLC, the
parent company for the Go Roma Restaurant located at 3041
Butterfield Road, Suite 117 has submitted a petition seeking approval
of a special use in order facilitate the construction of an outdoor
dining area. NAI Hiffman, the owner of the Oak Brook Promenade
has approved this request.
The patio area was set up and was in operation without approval from
the Village and upon notification the applicant ceased operation of the
dining area until such time of any formal approval.
The applicant is proposing to operate an outdoor dining area for 24
patrons on the patio area that is located between Go Roma and the
Kona Grill to the north. The area will be enclosed with steel ils and
patrons will access the outdoor dining area from the restaurant. wo
emergency gates are provided at the east and west ends of the faci
y
•
STAFF REPORT -Go ROMA-3041 BUTTERFIELD(OAK BROOK PROMENADE)
SPECIAL USE—OUTDOOR DINING
CASE No.2009-009-ZO-SU
Because of its location, the outdoor dining area is not in close
proximity to automobiles.
Please see the materials provided by the petitioner in the case file for a more detailed
description of this request.
Staff Comments:
• The proposed outdoor dining area is of similar in design to other outdoor
dining areas that have been approved in the Village of Oak Brook.
• Cathy McMullin, Property Manager for NAI Hiffman's Oak Brook Promenade
has approved the special use request as proposed (see letter in the case file).
• Village Engineer Dale Durfey has no comments on this proposed special use.
RESPONSIBILITIES OF HEARING BODIES:
Both the Plan Commission and Zoning Board of Appeals have the responsibility to
make a recommendation on requests for a special use. Please include in your
consideration, your findings with respect to the standards specified in the Zoning
Ordinance for a special use. The materials submitted by the applicant specifically
address each of these standards.
CONCLUSION:
If the Plan Commission and Zoning Board of Appeals are of the opinion that the
applicant has satisfied the requirements for a special use for outdoor dining, a
recommendation would be in order to approve this request subject to meeting the
following conditions:
1. The development of the outdoor dining area shall be in substantial
conformance with the revised plans as submitted and approved.
2. The restaurant will be responsible for maintaining and cleaning the outdoor
area and shall comply with all applicable requirements of the DuPage County
Health Department.
3. The outdoor dining area will be operated in accordance with the following
rules of operation:
a. A maximum of 26 seats may be provided in the outdoor dining area.
b. Two emergency egress gates located on the east and west sides of the
outdoor dining area shall open out only.
c. Access to the dining area shall be through the restaurant only.
2
Q
STAFF REPORT -GO ROMA-3041 BUTTERFIELD(OAK BROOK PROMENADE)
SPECIAL USE—OUTDOOR DINING
CASE No. 2009-009-ZO-SU
4. Comply with all other applicable rules and ordinances of the Village of Oak
Brook.
5. Add the provision "Not withstanding the attached exhibits, the applicant shall
meet all Village Ordinance requirements at the time of building permit
application except as specifically varied or waived."
Respectfully Submitted,
RobertKa ien Jr. ,,, ICP
Dir Coix—Iirity Development
3
•6.
100 41 A
Public Hearing •
NOTICE IS HEREBY
GIVEN that public hear-
ing before thea Zoning Board
of Appeals of the Village of
Oak Brook, DuPage and
Cook Counties, Illinois,will
be held on June 2,2009,at
ip. the Oak Brook
Village
H CERTIFICATE OF PUBLICATION
Village Hallll(Butler Govern-
ment Center), 1200 Oak
Brook Road,Oak Brook,Illi-
nois 60523 for the purpose ofPaddock Publications,Inc.
considering the application
of Fast Fresh Italian,LLC, D&Het9d
123 Main Street,Suite 1230,
San Francisco,CA 94105,on
behalf of NAI H iffman Asset
Management,LLC,as agent
for the owner of the Oak
Brook Promenade,LLC,720
Butterfield Road,Lombard, Corporation organized and existing under and by virtue of the laws of
I L 60148,for a special use as
oftheiurdiarefZonngOnncothe State of Illinois,DOES HEREBY CERTIFY that it is the publisher
�o s;ll o eine ce Brook,ag of the DAILY HERALD.That said DAILY HERALD is a secular
amended.
The proposal for the so - newspaper and has been circulated daily in the Village(s)of
cial use is also being re-
viewed Byrne Plan commis- Addison Bensenville Bloomingdale Carol Stream,Glendale Heights,
sion at its meeting on May
19, nP.M. at the
samea location.
Glen Ellyn Itasca Keeneyville,Lisle,Lombard,Medinah,Naperville,
lo .
The petitioner has submit.
tea a request seekingingapap- Oak Brook Oakbrook Terrace,Roselle,Villa Park,Warrenville,
proval ofa special use for an
outdoor dining area adia- West Chicago Wheaton Winfield Wood Dale
centto the Go Roma restau-
rant located at 3041Butter-
field Road, Suite 117, Oak
Brook, Illinois, 60523 (the -
Oak Brook Promenade).
The property may be gen-
erally described as 3041 But-
terfield Road,Oak Brook,Il-
linois, 60523and the legal
description is as follows:
LOT 1 IN NAI HIFFMAN
BUTTERFIELD ROAD
SUBDIVISION, BEING A
SUBDVSON OF PART
OF THE NORTHEAST
QUARTER SECTION 28,
TOWNSHIP 39 NORTH
RANGE 11 EAST OF THL
THIRD PRINCIPAL ME-
RIDIAN, ACCORDING TO
THE PLAT THEREOF RE-
CORDED JULY 14,2006 AS
DOCUMENT R2006-134912
IN DUPAGE COUNTY, IL-
LINOIS. Permanent Parcel
No:06-28-103-020
All persons desiring to be
heard will be afforded on op-
portunity to do so and may County(ies)of DuPage
submit their statements
orally or in writing or both.
The hearing may and State of Illinois continuously for more than one year prior to the
cessed to another datee i re-f no-
tice of time and place date of the first publication of the notice hereinafter referred to and is of
thereof is publicly an-
nounced at the hearing or is general circulation throughout said Village(s), County(ies)and State.
cation not newspaper
five(5)
days prior to the date of the '
rein accord
rd with I further certify that the DAILY HERALD is a newspaper as defined in
In accord with the provi-
sions of the American with
Disabilities Act, any Indl- "an Act to revise the law in relation to notices" as amended in,1992
vidual who is in need of a
reasonable accommodation Illinois Compiled Statutes, Chapter 7150,Act 5, Section 1 and 5.That a
in order to participate in or
benefit from attendance at notice of which the annexed printed slipis a true copy, was published
this public meeting should py
contact DA C000rdi the,Var May 15,2009 in said DAILY HERALD.
630-368-5022 as soon as Pos-
sible, before the meeting
date.
The petitioner's applica- IN WITNESS WHEREOF,the undersigned,the said PADDOCK
tion is on file with the Village
Clerk and with the Director
Community Develop- PUBLICATIONS, Inc.,has caused this certificate to be signed by,this
Cl D
ment. Persons wishing to
examine the petition docu- authorized agent,at Arlington Heights,Illinois.
ments may arrange to do so
with the Director of Com-
munity Development, Rob-
ert Kallien, Village of oak - PADDOCK PUBLICATIONS,INC.
Brook, 1200 Oak Brook
Road,Oak Brook, IL 60.5523, DAILY HERALD NEWSPAPERS
telephone 630-368-5103.
Charlotte Pruss
Village Clerk
Published at the direction of
the Corporate Authorities
and the Zoning Board of Ap-
peals of the Village of Oak
Brook, DuPage and Cook
Counties,Illinois. BY
Published in Daily Herald
May 15,2009(4154268)S Authorized A nt
Control#4154268
GE OF 044 • .
�P X90
� o
a A
o y
G
A r �'
9C�c0UNTI \
May 12, 2009
Village of
Oak Brook Dear Resident:
1200 Oak Brook Road
Oak Brook,IL 60523-2255 te The Oak Brook Plan Commission, Zoning Board of Appeals and the Village Board will
www.oak-brook.org be considering a Special Use at the Plan Commission, Zoning Board of Appeals and
Administration
Village Board meetings as scheduled on the reverse side of this notice.
630.368.5000
FAX 630.368.5045 The application has been filed by: Fast Fresh Italian LLC
123 Main Street, Suite 1230
Development
Community San Francisco, CA 94105
630.368.5101
FAX 630.368.5128 The property in question is located at: 3041 Butterfield Road, Suite 117
Go Roma Restaurant
Engineering
Department Relationship of applicant to property: Tenant
630.368.5130
FAX 630.368.5128
Property Owner: NAI Hiffman Asset Mgmt, LLC, as agent for the owner
Fire Department of the Oak Brook Promenade, LLC, 720 Butterfield
630.368.5200 Road Lombard
FAX 630.368.5251 � , IL 60148
Police Department The petitioner has submitted a request seeking approval of a special use to construct
630.368.8700 an outdoor dining area adjacent to the Go Roma Restaurant located in the Oak Brook
FAX 630.368.8739 Promenade.
Public Works Also shown on the reverse side of this notice is a map* of the area to assist you in
Department p
630.368.5270 determining your relationship to the property in question.
FAX 630.368.5295
If you desire more detailed information, please contact the Community Development
Oak Brook at 630-368-5103 between 8-4, Monday through Friday.
Public Library
600 Oak Brook Road Sincerely,
Oak Brook,IL 60523-2200
630.368.7700
FAX 630.368.7704
Robert L. Kien, Jr CP
Oak Brook Sports Core Director of unity Development
Bath&Tennis Club
700 Oak Brook Road RLK/gp
Oak Brook,IL 60523-4600
630.368.6420
FAX 630.368.6439
Golf Club
2606 York Road
Oak Brook,IL 60523-4602
630.368.6400
FAX 630.368.6419
Of O At 6�
v , 0
0
-C
G O
v
OOUNT`1,��.
AGENDA ITEM
Regular Board of Trustees Meeting
of
May 26, 2009
SUBJECT: Referral- GoRoma- 3041 Butterfield Road (Oak Brook Promenade) - Special
Use- Outdoor Dining Area Adjacent to a Restaurant
FROM: Robert L. Kallien, Jr., AICP, Community Development Director
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to refer a request for a special use to permit an
outdoor dining area adjacent to the Go Roma restaurant to the Plan Commission for
review and to the Zoning Board of Appeals for public hearing at its June 2, 2009 meeting.
Background/History:
GoRoma, the tenant located at 3041 Butterfield Road, Suite 117 (Oak Brook Promenade), has
submitted a petition seeking approval of a special use in order to permit outdoor dining adjacent
to the restaurant. The request has been approved by NAI Hiffinan Asset Management, as agent
for the owner of the Oak Brook Promenade, LLC, conditioned upon approval by the Village.
Recommendation:
Please refer the request for a special use to the above referenced meetings of the Plan
Commission and Zoning Board of Appeals.
BOT-Referral-Go Roma-Outdoor Dining.doc
Sterling Codifiers, Inc. Page 1 of 1
• •
13-7A-2: SPECIAL USES:
Accessory uses and structures, including, but not limited to, off street parking and off street
loading spaces and business signs.
Automobile service stations, on lots not less than twenty thousand (20,000) square feet.
Clubs, lodges, fraternities and community centers on lots not less thanr twenty thousand.
(20,000) square feet.
Daycare center, provided such facility complies with all licensing requirements of the state and
maintains a direct alarm hookup to the police department.
Drive-in banking facilities.
Nursing homes, on lots not less than three hundred feet (300') in width and not less than two
(2) acres in area.
Office supply stores.
®� Outdoor dining areas adjacent to restaurants.
Public utility, governmental service and transportation uses:
Bus turnarounds and passenger shelters.
Electric distribution centers and substations.
Gas regulator stations.
Sewage and storm water lift stations.
Telephone exchanges and transmission buildings and equipment, and outdoor telephone
booths and pedestals.
Water filtration plants, wells, pumping stations and reservoirs.
Restaurants and accessory cocktail lounges, without facilities for dancing and live
entertainment, on lots not less than two hundred feet (200') in width and not less than one and
one-half (11/2) acres in area. (Ord. G-60, 3-22-1966; Ord. G-454, 10-9-1990; Ord. G-513, 6-22-
1993; Ord. G-556, 7-11-1995; Ord. G-835, 9-25-2007)
http://www.sterlingcodifiers.com/codebook/getBookData.php?id=§ion id=411044&k... 5/14/2009
K Y
'I2i0�i0 by�AKglR�01�E+RyC��A�
ER001�
PETITION APPLICATION for
PUBLIC HEARING
ZONING ORDINANCE: ❑ APPEAL ($300) [J VARIATION ($750)
❑ AMENDMENT ($750) ® SPECIAL USE ($750)
STORMWATER ORDINANCE: ❑ VARIATION ($750)
PUBLIC HEARING SIGNS ($50-each lot frontage) -Enter Number of Street Frontages/Per Parcel
APPLICANT TO COMPLETE `_ a)t.A ryt lCatic fa aRf4-orb BE ttEcilvEl)FJY WE dlltEl�70R flF Goa11MUNi11r
i� a is t Nt`wrt aFrRA t l�il�rlAt wILrLS 'FE iy�Ff�H�-�fILLa(��CL�f�tc , x
SUBJECT PROPERTY�Oy I R,4W
�fQ_ �s�V'�e. 1I1 PERMANENT PARCEL
LOCATION OF
�+
NO". 06 _ 28 _ 103 _ 020
LOT NO. 1 SUBDIVISION A LEGAL ADDRESS* 3041, Butterfield Rd, Oak Brook, 605
ZONING DISTRICT t , _� ZONING ORDINANCE SECTION 13 — -74 –
ACTION REQUESTED 1 ly_a. �ncQ�c.ct=,t�'� �►
PROPERTY INTEREST OF APPLICANT: WNER V CONTRACT PURCHASER AGENT
•�)OF RECORD Fast Fresh Italian LLC PHONE 415-287-1725
ADDRESS 123 Main Street Suite 1230 CITY San Francisco STATE r_ZIP 94105
dw�ex 0&- - <>r,1KJ3 co AL e K(AT H4 Man PHONE ( -bU - - 1P -6-11 y
ADDRESS 710 &-We i ell M CITY aJ-0w4Qk•vk STATE 1:4— ZIP 601t(9
NAME OF APPLICANT(and Billing Information) Toney Seavers- Fast Fresh Italian LLC PHONE 630-599-1146
ADDRESS 123 Main Street Suite 1230 CITY San Francisco STATE CA_ZIP 94105
Contact Name and E-mail Address(s) tseavers(cDgoroma.net
I(we)certify that all of the above statements and the statements contained in any papers or plans submit herewith are true to the best of my(our)
knowledge and belief.I(we)give permission to the Village to install public hearing sign(s)on the lot fron es of the above subject property as
described in the Village Code. In addition to the above fees,applicant agrees to reimburse the Village f r publication costs within 30 days of billing.
Si nature of Owner Date Sign ure of Applicant ate
.............................................................................9. - ----..........._..---.._....... ............................ ........... .. ........ ..... ....... PP . ........... .... . .. .......... .
DO NOT WRITE IN THIS SPACE-FOR OFFICE USE ONLY
u�1'/ 313
G 4
Date'Filed 7'�`Tr� Fee Paid$ ��� Receipt No,31340 Received By,04
Board of Trustees(Referral) 57*62Notice Published . 9 Newspaper Daily.Herald Adj Property gwners Notifieii `�
PUBLIC WEARING DATES: Plan comrrlission Zori 5g Board of.Appeeis
Board of Trustees G 3' Board of Trustees 7—
(Approval of Ordinance)
IGNtS UIULAG Gt ER :51 Date a v 9
_ ate �-�
A .
• • One Oakbrook Terrace
Suite 600
Oakbrook Terrace IL 60181
N I
Hiffman tel 6 932 1234
fax 630 629 1951
www.h.hiffman.com
Commercial Real Estate Services,Worldwide.
Asset Management LLC
April 24, 2009
Go Roma
3041 Butterfield Road
Suite 117
Oak Brook, IL, 60523
RE: Outdoor Seating Request - 2009
Go Roma — Suite 117, 3041 Butterfield Road
Dear Rich:
Management has received your request for outdoor seating for your patrons outside
your Suite 117, located 3041 Butterfield Road, Oak Brook, Illinois 60523.
Upon review Ownership has approved your request for the additional seating upon the
Village of Oak Brook's final review and approval of your request and your plans are per
code and ADA compliant.
Please contact me at (630)317-0714 if you have any further questions. Thanks again.
Sincerely,
NAI Hiffman Asset Management, LLC
As agent for the Owner f Oak Brook Promenade, LLC
G 1,
Cathy M. McMullin
Property Manager
cc: E.Beckey
Tenant File
Build on the power of our network.TM Over 300 offices worldwide.www.naiglobal.com
90 RrIal _
Ireal. OOSr. iralion.
The Village of Oak Brook,
I am writing this letter to request a special use to allow Go Roma to set up
an outdoor dinging area on the North side of our restaurant.
We have been a tenant in the Oak Brook Promenade since Feb.2007.We
were of the understanding that our lease allowed us to set up the patio-to provide a comfortable
and unique dining experience for our patrons.We have operated the patio successfully and with
out incident, complaint or issue the summers of 2007 and 2008.
When the Village informed us that we were in violation of the zoning
statute we ceased operation of the patio,and are hopefully awaiting a successful resolution of this
process,to begin operation of the patio again. It was never our intention to be a problematic
neighbor or violate any local ordinances.We were acting based on the information outlined in our
lease.
We are attempting to provide the public with service and amenities that are
consistent with the quality and upscale service environment that Oak Brook is know for.Most
restaurants in Oak Brook and the surrounding communities are providing this service to the
dining public.Without this option we would be disappointing many of our patrons who have
come to enjoy this very popular amenity.We would also be at a disadvantage in relation to the
other dining establishments in the area.The summer months are our busiest times of the year and
not being able to have the out door dining will negatively impact our business and our customers.
The out door dining will positively impact our business without causing any negative impact to
the public welfare,surrounding property or the neighborhood.
We are hopeful that you will decide favorably in this matter.
Yours Sincerely,
Toney Seavers
General Manager
Go Roma Oak Brook
3041 Butterfield Road, Oak Brook, IL 60523
Tel: 630 599 1146 Fax: 630 5991147
www.goroma.net
y l •
SPECIAL USE FACTORS
1. Is of the type described in subsection Al of this Section, is
deemed necessary for the public convenience at that location;
RESPONSE: The Patio would for use by the restaurant
patrons, to provide a comfortable and unique dining experience. The
patio would be operated from April 15 to October 15 weather
permitting. We are attempting to provide the public with service and
amenities that are consistent with the quality and upscale service
environment that Oak Brook is know for. Most restaurants in Oak
Brook and the surrounding communities are providing this service to
the dining public.
2. Is so designed, located and proposed to be operated that the
public health, safety and welfare will be protected;
RESPONSE: Our manager and staff are trained and certified to
follow all food handling safety procedures. We hold our team and our
selves to high standards for the utmost safety and welfare of our
customers and the public. The rails to the east and west of the space
are permanently bolted to the pavement. The rails that are on the
North side of the patio are removable and along with the tables and
chairs will be stored at a separate site during the winter months. The
space is well lit during evening hours.
3. Would not cause substantial injury to the value of other property
in the neighborhood in which it is located.
RESPONSE: It is our standard to seek to be a good neighbor
and member of our community. Our space would be consistently
maintained and serviced to ensure there would be no negative
impact to the surrounding community. Our design is tasteful and
understated, but elegant.
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Certification
Surrounding Property Owners
(we) certify that the names and addresses of all the surrounding property owners including mailing
labels submitted with this application are located within a minimum distance of 250 feet in all
directions from the perimeter of the subject property and that the number of feet occupied by all
public roads, streets, alleys, and public ways has been excluded in computing the 250-foot
requirement.
Said names and addresses are as recorded in the office of the County Recorder of Deeds (or the
Registrar of Titles of the County) and as appear from the authentic tax records of this County. The
property owners as listed have been obtained from the Township Assessors office within 30 days of
the filing of this application.
The surrounding property owners list as submitted herewith and supporting attachments are true to
the best of my (our) knowledge and belief.
(we) give permission to the Village to install public hearing sign(s) on the lot frontages of the
subject property as described in the Village Code. In addition to the required application fees,
applicant/owner agrees to reimburse the Village for publication costs, recording fees, and any other
associated costs or fees within 30 days of billing.
NAI Hiffman Toney Seavers
ted Narpe of 0 r Printed Name of Applicant
ASN#/ 4t rn n o and �P x
Sna f Applicant
4Si9n r oOto
BILL TO INFORMATION:
Fast Fresh Italian LLC Toney Seavers 630-599-1146
Print Name/Company Contact Person Contact Phone
123 Main Street Suite 1230 San Francisco, CA 94105
Address To be Billed Alternate Phone
NOTE:- If the applicant/owner has not complied with these requirements and notification has not
been sent to a neighboring property owner within the 250-foot requirement less than 10 days prior
to the scheduled hearing, the hearing on this matter will be postponed to the next regular meeting,
or until such time as all neighbors within the 250-foot requirement have been sent proper
notification.
Variation Packet-2/4/2008 /
NAMES OF SURROUNDING PROPERTY OWNERS
Following are the names and addresses of all surrounding property owners from the property in question for a distance of
approximately 250 feet in all directions. The number of feet occupied by all public roads, streets, alleys, and public ways have
been excluded in computing the 250-foot requirement. Said names are as recorded in the office of the County Recorder of
Deeds(or the Registrar of Titles of the County) and as they appear from the authentic tax records of this County within 30 days of
the filing of this application. Provide a mailing label for each Property Owner listed.
Note: The people on this list will be notified by mail with the information about your request and the meeting schedule.
NAME OF PROPERTY MAILING ADDRESS OF PROPERTY ADDRESS PARCEL
OWNER PROPERTY OWNER
(Attach additional sheets if necessary)
Go Roma 3041 Butterfield, Oak Brook 60523
PIN.06-28-103-020
Name of Property Owner Mailing Address Property Address Parcel No.
Gayland Lombard LLC 2437 E Main St. Planifield, IL 46168 810 E. Butterfield Lombard, IL 60126 06-28-100-013
Bethany Theological Werninary 615 National Rd W. Richmond, IL 47374 Butterfield & Meyer Oak Brook, IL 60523 06-28-100-019
Lucy Boy Corp./DBA Uncle Julios
Corp. 1101 N. Union Bower No. 160, Irving, TX, 75061 Fountain Square Dr. Lombard, IL 60148 06-28-100-022
Fountain Square Lombard Porp. Lombard, IL
Fountain Square Lombard Prop. 1033 E. St. Charles Rd., Lombard, IL 60148 60126 06-28-101-005
Harb Realestate Seer. 2361 Fountain Sq. Dr.
P.F. Changs China Bistro 7676 E. Pinnacle Peak Rd., Scottsdale, AZ 85255 Lombard, IL 60148 06-28-101-006
Weber Stephens Products. Co. Attn. •
Leonard Gryn 200 Daniels Rd., Palatine, IL 60067 Butterfield Rd. Lombard 60126 06-28-101-007
Buikema 21 LLC 1030 N. Washington St., Naperville, IL 60563 2301 Fountain Sq. Lombard, IL 60126 06-28-101-008
Inland 2905 &2907 Butter c/o Inland
Real Estate 2901 Butterfield Rd. Oak Brook, IL 60523 2901 Butterfield Rd. Oak Brook, IL 60523 06-28-104-011
Inland 2905 &2907 Butter c/o Inland
Real Estate 2901 Butterfield Rd. Oak Brook, IL 60523 2905 Butterfield Rd. Oak Brook, IL 60523 06-28-104-013
Investor Property Tax Service P.O. Box 1746 Lomabard, IL 60148 2901 Butterfield Rd. Oak Brook, IL 60523 06-28-104-015
Inland Oak Brook Intl. Off. 2707 Butterfield Oak
Inland Continental P.O. Box 1746 Lomabard, IL 60148 Brook, IL 60521 06-28-104-009
Chgo. Title&Trust Technology Dr. Lombard, IL
Du a e Mediacal group 1100 W. 31st. St. #300 Downers Grove, IL 60515 60148 06-28-103-017
DMG RE Holdings LLC Technology Dr.
Du a e Mediacal group 1100 W. 31st. St. #300 Downers Grove, IL 60515 Lombard, IL 60148 06-28-103-016
Leonard V Stutz 10 W ndam Ct. Oak Brook, IL 60523 10 W ndam Ct. Oak Brook, IL 60523 06-28-105-001
Ricky&M Raisin hani 8 W ndam Ct. Oak Brook, IL 60523 8 W ndam Ct. Oak Brook, IL 60523 06-28-105-002 •
Adam H. Ramsey 6 Swaps Ct. Oak Brook, IL 60523 6 Swaps Ct. Oak Brook, IL 60523 06-28-105-007
Robert Ring 4 W ndam Ct. oak Brook, IL 60523 4 W ndam Ct. oak Brook, IL 60523 06-28-105-004
IL State Toll Hwy Auth. 2700 Ogden Av. Downers IL State Toll Hwy Auth. Meryer Rd. Oak Brook,
Anette Vinelli Grove, IL 60527 IL 60523 06-28-300-003
Western Natl Bank Trust 3434 P.O. Box 114 Downers Grove, IL 60515 2720 Meyer Rd. Oak Brook, IL 60523 06-28-300-005
Sondra W et Maro 2800 Meyer Rd. Oak Brook, IL 60523 2800 Meyer Rd. Oak Brook, IL 60523 06-28-300-006
Village of Oak Brook 1200 Oak Brook Rd. Oak Brook, IL 60523 2710 Meyers Rd. Oak Brook, IL 60523 06-28-300-039
Village of Oak Brook 1200 Oak Brook Rd. Oak Brook, IL 60523 2710 Meyers Rd. Oak Brook, IL 60523 06-28-300-037
Village of Oak Brook 1200 Oak Brook Rd. Oak Brook, IL 60523 2710 Meyers Rd. Oak Brook, IL 60523 06-28-300-038
Subject Property Verification
(Complete a separate form for each P.I.N.)
1. Permanent Index Number (P.I.N. from Real Estate Tax Bill): 06 28 103 020
2. Common Address: 3041 Butterfield Road Oak Brook, IL 60523
3. Type the Complete Legal Description Below. (Attach a separate page if longer than the area provided)
4. Email the Legal Description to gpolanek@oak-brook.org
Lot 1 In NAI Hiffman Butterfield Road subdivision,Being A Subdivision of part of the Northeast Quarter Section 28,township 39
North,Range 11 East of the Third Principal Meridian,According to the Plat thereof recorded July 14,2006 as Document R2006-
134912.In Dupage County,Illinois
The Permanent Index Number, Common Address and Legal information provided has been verified as follows:
DuPage County Records/Research Room: (630-682-7398) Contact Person: Nikki
Date called: 5/4/09
1 verify that the information provided above is accurate.
Toney Severs qP
Printed Name Signatu e
Date: 5/4/09
..,_Relations,h i.p_.to.,.A,p.pl icant,:._,...
60;00'1''WItIT9•IN THIS SAGE-POtt O1#IFICE USE.ONLY
Legal Description Review
Corrections Required Yes No
Approved By: Date
Variation Packet-2/4/2008
J�
Legal Description
Lot 1 In NAI Hiffman Butterfield Road subdivision, Being A Subdivision of part of the
Northeast Quarter Section 28, township 39 North, Range 11 East of the Third Principal
Meridian, According to the Plat thereof recorded July 14, 2006 as Document R2006-
134912. In Dupage County, Illinois
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■ Aria DE5GRIPTION: DRAM BY: PG GHKD BY: JSG
Group GO ROMA — REVISED PATIO PLAN 5GALE: 1/8" = l'-0"
Architects 3041 BUTTERFIELD ROAD, SUITE 117
■ ■ Inc. OAK BROOK, IL DATE: 11/17/06
830 North Blvd. JOB NUMBER 5HEET
Oak Park, 1111nois 60301
708.445.8400 JOB NAME: GO ROMA 061394 1
708.445.1788 Fax
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 June 23, 2009 , the corporate authorities of the above
municipality passed and approved:
ORDINANCE 2009-ZO-SU-EXI-S-1267
AN ORDINANCE GRANTING SPECIAL USE FOR AN
OUTDOOR DINING AREA ADJACENT TO A RESTAURANT
FOR THE PROPERTY LOCATED AT 3041 BUTTERFIELD ROAD
IN THE VILLAGE OF OAK BROOK
(PIN: 06-28-103-020
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 23rd day of June , 2009 .
i Lam...
r ,\ Charlotte K. Pruss
40` � e,\ Village Clerk
4 Village of Oak Brook
'.,. v _,r
1 te DuPage and Cook Counties, Illinois