S-814 - 07/11/1995 - SPECIAL USE - Ordinances 95-ZO-SU-E1-S-814
AN ORDINANCE GRANTING A SPECIAL USE
FOR AN OUTDOOR DINING AREA ADJACENT TO A RESTAURANT
(Volunteer Capital Corp. - J. Alexander's Restaurant, 1410 16th Street)
WHEREAS, an application has heretofore been filed by the owner of a
building which is located at 1410 16th Street, for approval of the issuance of
a Special Use Permit to authorize an outdoor dining area adjacent to a
restaurant on said property which is located in the B-1 Local Shopping Center
District, and
WHEREAS, pursuant to Ordinance 95-ZO-TA-G-556 the Village President and
Board of Trustees of the Village of Oak Brook have amended the Zoning
Ordinance of the Village of Oak Brook to add outdoor dining areas adjacent to
a restaurant as a special use in the B-1 Local Shopping Districts; and
WHEREAS, on May 15, 1995, the Plan Commission met to consider the
application, and said Commission has submitted its report on the subject
application to the Zoning Board of Appeals and the President and Board of
Trustees and has recommended approval of the issuance of such special use
permit, subject to certain conditions; and
WHEREAS, a public hearing on such application has been conducted by the
Zoning Board of Appeals of the Village of Oak Brook on June 6, 1995, pursuant
to due and appropriate legal notice, and said Board has submitted its report
on the subject application to President and Board of Trustees and has
recommended the approval of the issuance of such Special Use Permit, subject
to certain conditions; and
WHEREAS, the President and Board of Trustees have reviewed these
recommendations and generally concur with the recommendations and deem the
passage of this ordinance to be in the best interest and in furtherance of the
general welfare of the Village of Oak Brook;
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: That the provisions of the preamble hereinabove set forth are
hereby adopted as though fully set forth herein.
Section 2: That subject to the conditions set forth in Section 3, a
Special Use Permit pursuant to the provisions of Section VIII(C) (2) (i) be and
is hereby granted for the use of an outdoor dining area adjacent to a
restaurant at 1410 16th Street, which property is legally described as
follows:
Lot 2 in Oakbrook Court resubdivision amended plat being a part of
the Northwest Quarter of Section 23, Township 39 North, Range 11,
East of the Third Principal Meridian, according to the plat thereof
recorded July 15, 1994 as Document No. R94-152760 in DuPage County,
IL. Permanent Index Number: 06-23-102-033.
95-ZO-SU-Ei-S-814
Granting a Special Use For An Outdoor
Dining Area Adjacent To A Restaurant,
1410 16th Street
Page 2
Section 3: That the Special Use Permit herein be granted specifically
subject to the following conditions:
1. That outdoor dining is permitted from April 15 through October 15
for each year this Special Use Permit is in effect in the area so
designated on the Exterior Patio Seating Plan drawn by Bollinger,
Lach & Associates, Inc. a copy of which is attached hereto as
Exhibit A and incorporated herein.
2. That said area shall be developed and used in substantial
conformity with said Plan and access thereto shall be through the
restaurant only. Not more than 30 seats are permitted in said
area.
3. That in the event tables and chairs that are of heavy metal
construction and suitable for constant weather exposure are used,
they may remain in place year round, as there is a solid, permanent
wall obstructing the view and preventing access to said outdoor
dining area.
4. That in the event that plastic or wooden chairs or tables are used,
the outdoor dining area shall be set up between April 1 and April
15 and shall be removed between October 15 and October 30 for each
year this Special Use Permit is in effect.
5. That the restaurant operator shall be responsible for maintaining
and cleaning the outdoor dining area and shall comply with all
applicable DuPage County Health Department requirements.
6. That there shall be no music, dancing or other entertainment
offered within the outdoor dining area. The restaurant operator
shall take immediate action with respect to noise complaints to
eliminate such problems. The area shall be operated so as to not
constitute a nuisance.
7. That an alarmed emergency egress gate from the outdoor dining area
shall be provided.
8. That additional six-foot tall dense evergreen plantings shall be
planted along the east perimeter of the outdoor dining area.
If the property owner fails to meet any of the conditions of this section,
upon written notice to the operator of the restaurant, then if such condition
or conditions are not met within ten (10) days after receipt of said notice,
this Special Use Permit shall automatically terminate and be of no further
force or effect.
95-zO-sU-Ei-s-814
Granting a Special Use For An Outdoor
Dining Area Adjacent To A Restaurant,
1410 16th Street
Page 3
Section 5: That this Ordinance is limited and restricted to the property
presently occupied by J. Alexander's Restaurant located at 1410 16th Street,
Oak Brook, Illinois.
Section 6: That this ordinance shall be in full force and effect from
and after passage and approval pursuant to law.
PASSED THIS 11th day of July, 1995.
Ayes: Trustees Bartecki, Kenny, McInerney and Savino
Nays: None
Absent: Trustees Payovich and Shumate
Abstain: None
APPROVED THIS 11th day of July, 1995.
Vi lage President
ATTEST:- -
d'
ill e clerk
Approved as to Form:
Village Attorney
Published
Date Paper
Not Published XX
1
1
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Ct::� C[jD
PROPOSED
EXTERIOR PATIO SEATING PLAN
NOT TO SCALE
J. ALEXANDER'S RESTAURANT
- COwSUlTINO �
OAK BROOK ILLINOIS Ew6.w`OAS � eouJ" . . O&K 8 A9sGSWI s. I„E
9UNVErORS 1111.Atll[dr0. WR EROpI, ll 61121 7b!11 1][
EXHIBIT A