G-556 - 07/12/1995 - ZONING-SPECIAL USE - Ordinances r
ORDINANCE 95-ZO-TA-G-556
AN ORDINANCE AMENDING SECTION VIII(C) (2) OF THE ZONING ORDINANCE
OF THE VILLAGE OF OAK BROOK, ORDINANCE G-60, AS AMENDED,
RELATIVE TO AN ADDITIONAL AUTHORIZED SPECIAL USE
IN THE B-1 LOCAL SHOPPING CENTER DISTRICT
WHEREAS, an application has been filed requesting a amendment to Section
VIII(C) (2) of the Zoning Ordinance of the Village of Oak Brook by adding a
special use in the B-1 Local Shopping Center District; and
WHEREAS, a public hearing on such application was conducted by the
Zoning Board of Appeals on June 6, 1995, pursuant to due and appropriate
legal notice, and has unanimously recommended approval of the requested text
amendment; and
WHEREAS, the Plan Commission at its meeting on May 15, 1995, has
reviewed the request and has unanimously recommended approval of the
requested text amendment; and
WHEREAS, the Village President and Board of Trustees have reviewed said
recommendations, concur with the same, and find that the proposed amendment
is in the best interest 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 Section VIII(C) (2) of the Zoning Ordinance of the
Village of Oak Brook be and is hereby amended by adding thereto a new
subsection (i) to read as follows:
Outdoor dining areas adjacent to restaurants"
Section 4: That this Ordinance shall be in full force and effect from
and after passage, approval and publication as provided by law.
Section 5: That the Village Clerk is hereby authorized and directed to
publish this ordinance in pamphlet form in the manner provided by law.
,. PASSED THIS 11th day of July, 1995.
J. ALEXANDER'S/VOLUNTEER
INDEX
PA COt11TENTS
.18 Ordinance 95 ZO-TA-556 - passed 7/11/95 (Text Amendment)
17 Ordinance 95-ZO-SU-E1-S-814 - passed 7/11/95 (Special Use)
16 Board of Trustees Meeting Minutes dated 7/11/95
15 Board of Trustees Meeting Minutes dated 6/27/95
14-14b Informational Memo to Board of Trustees from Hawk dated
6/22/95
13-13a Recommendation Letter from Zoning Board of Appeals
Chairman to Board of Trustees dated 6/23/95
12-12b Zoning Board of Appeals Meeting Minutes dated 6/6/95
11-11a Recommendation Letter from Plan Commission Acting
Chairman dated 5115195
10-10b Plan Commission Meeting Minutes dated 5/15/95
9-9a Informational Memo (5/11/95) to Plan Commission and Zoning
Board of Appeals from Hawk
8-8b Letter of Explanation from Gooder dated 5/10/95
7 Certificate of Publication dated 5/10/95
6 Resident Letter
5 Board of Trustees Referral meeting minutes dated 4/25/95
4 Referral Memo to Board of Trustees from Hawk (4/19/95)
3-3b Ordinance 94-ZO-SU-E 1-S-776 Ordinance Granting Special Use
for Outdoor Dining Areas Adjacent to Restaurants
2-2b Special Use - Zoning Ordinance - Section Xlll, (J) (1-6) (pgs
970-973)
1-1 a Amendments - Zoning Ordinance - Section X111, 1 (1-5) (pgs.
970-971)
A Application/Petition
B Fee/Receipt
C List of Surrounding Property Owners
D Letter from Dave Gooder re: Submittal
E Legal Description
F Exhibit 8 - Special Use Permit Conditions
G Map Showing Adjacent Zoning
H-H 1 Site Plan
I Floor Plan
J Plat of Survey - (not included - Key Files Only)
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-555 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-E1-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-E1-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 a Clerk
Approved as to Form:
6A—z cli
Village Attorney
Published
Date Paper
Not Published %X
t�W
1
1
1
LZ uz
PROPOSED
EXTERIOR PATIO SEATING PLAN
NOT TO SCALE
J. ALEXANDER'S RESTAURANT
CMIlUl.77AGo
OAK BROOK ILLINOIS EAGI�+EEA! ',, Lech S Associates. Inc
• 1EN0
9UAvE70f15 1418.A111[BLVD. OAK M100.,It 6=1 7M 7"12
EXHIBIT A
0
Vote.
2. JAMES J. BENES & ASSOCIATES, INC. - PAYOUT #12 - 1995 1995 PAVING
PAVING PROJECT - CONSTRUCTION - $15,301.49: Approved PROJECT
Omnibus Vote.
3. JAMES D. FIALA PAVING COMPANY - PAYOUT #3 - 1995 1995 PAVING
PAVING PROJECT - $234.895.28: Approved Omnibus Vote. PROJECT
4. INTERPLAN PRACTICE. LTD. - PAYOUT #5 - ADA ADA
CONSTRUCTION - $360.00: Approved Omnibus Vote. CONSTRUCTION
5. INTERPLAN PRACTICE. LTD. - PAYOUTS #2 & #3 - FIRE FIRE STATION
STATION #2 REMODELING - ENGINEERING DESIGN - $6,815.07: REMODELING
Approved Omnibus Vote.
E. REFERRAL - MITCHELL (3601 ADAMS ROAD) VARIATION TO THE DU REFERRAL:
PAGE COUNTY COUNTYWIDE STORMWATER AND FLOOD PLAIN MITCHELL
ORDINANCE TO EXEMPT A 2-LOT SUBDIVISION FROM THE (3601 Adams
PROVISIONS OF ARTICLE 9 OF THE ORDINANCE - REFER TO THE VAR. TO COUNT
ZONING BOARD OF APPEALS MEETING OF AUGUST 1, 1995: WIDE STORMWAT
Approved Omnibus Vote. & F.P. ORD.
F. BID AUTHORIZATION - UTILITY VEHICLE REPLACEMENTS - PUBLIC VEHICLE REPL.
WORKS UNITS #410 AND #602: Approved Omnibus Vote. MENT-UNITS
#410 & x`602
6. ITEMS REMOVED FROM OMNIBUS AGENDA: None.
7. 6AC
TIVE AGENDA Items for Final Action):
' ORDINANCE 95-ZO-TA-G-556 AN ORDINANCE AMENDING SECTION ORD.95-z0-TA
VIII(C)(2) OF THE ZONING ORDINANCE OF THE VILLAGE OF OAK G-556
BROOK ORDINANCE G-60 AS AMENDED, RELATIVE TO AN AXEN'D. zON.
ADDITIONAL AUTHORIZED SPECIAL USE IN THE B-1 LOCAL ORD. RE:
SHOPPING CENTER DISTRICT (OUTDOOR DINING AREA): OUTDOOR
DINING AREA
The ordinance amends the text in the B-1 Local Shopping Center District
to allow "outdoor dining areas adjacent to restaurants" as a special use.
Motion by Trustee Kenny, seconded by Trustee McInerney, to pass
Ordinance 95-ZO-TA-G-556, "An Ordinance Amending Section VIII(C)(2)
of the Zoning Ordinance of the Village of Oak Brook, Ordinance G-60, As
Amended, Relative to an Additional Authorized Special Use in the B-1
Local Shopping Center District", as presented and waive the full reading
thereof. ROLL CALL VOTE:
Ayes: 4 - Trustees Bartecki, Kenny, McInerney and Savino.
Nays: 0 - None.
Absent: 2 - Trustees Payovich and Shumate. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 2 of 6 July 11, 1995
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B. ORDINANCE 95-ZO-SU-E1-S-814 AN ORDINANCE GRANTING A ORD.95-ZO-SU-
SPECIAL USE FOR AN OUTDOOR DINING AREA ADJACENT TO A El-S-814
RESTAURANT (VOLUNTEER CAPITAL CORP. - J. ALEXANDER'S SPEC. USE FOR
RESTAURANT. 1410 16TH STREET): OUTDOOR DINING
AREA
The ordinance grants a special use permit for the property at 1410 16th (J. Alexander
Street to allow an outdoor dining area, subject to the conditions set forth Restaurant
in Section 3 of the ordinance. The third condition found in Section 3 1410 16th St.)
addresses plastic/wood tables and chairs as well as heavy metal tables
and chairs. The former are required to be removed between October 15th
and October 30th of each year; the later are permitted year round.
Motion by Trustee Kenny, seconded by Trustee Bartecki, to pass
Ordinance 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)", as presented and waive
the full reading thereof. ROLL CALL VOTE:
Ayes: 4 - Trustees Bartecki, Kenny, McInerney and Savino.
Nays: 0 - None.
Absent: 2 - Trustees Payovich and Shumate. Motion carried.
C. ORDINANCE 95-ZO-V-S-815 AN ORDINANCE GRANTING A ORD.95-ZO-V-
VARIATION FROM THE PROVISIONS OF SECTION VII(E)(8)(c) OF THE S-815
ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK RELATIVE VAR. RE:
TO REAR YARD REQUIREMENTS (1 DEVONSHIRE): REAR YARD
REQUIREMENTS
The ordinance grants a variation to allow construction of an addition which (1 Devonshire)
encroaches approximately two feet into the required 40-foot rear yard at 1
Devonshire.
Motion by Trustee Kenny, seconded by Trustee McInerney, to pass
Ordinance 95-ZO-V-S-815, "An Ordinance Granting a Variation from the
Provisions of Section VII(E)(8)(c) of the Zoning Ordinance of the Village of
Oak Brook Relative to Rear Yard Requirements (1 Devonshire)", as
presented and waive the full reading thereof. ROLL CALL VOTE:
Ayes: 4 - Trustees Bartecki, Kenny, McInerney, and Savino.
Nays: 0 - None.
Absent: 2 - Trustees Payovich and Shumate. Motion carried.
D. AWARD OF CONTRACT - ENGINEERING SERVICES - UNDERGROUND UNDERGROUND
STORAGE TANK - SITE CLASSIFICATION STUDY: STORAGE TANK
ENGINEERING
The.Village Board, at its meeting of February 28, 1995, authorized staff to SERVICES
negotiate a contract with Huff & Huff, based on their qualifications in CONTRACT -
performing this type of work. This firm was originally interviewed for SITE CLASSIF-
Phases I through III of the remediation effort, for which Crawford, Murphy ICATION STUDY
& Tilly, Inc. was selected because most of the work involved construction
type activities. Staff recommends Huff & Huff for the current scope of
work, which is primarily related to analytical testing with possible periodic
VILLAGE OF OAK BROOK Minutes Page 3 of 6 July 11, 1995
offered appropriate landscape be installed with a fence.
Motion by Trustee Kenny, seconded by Trustee Savino, to deny the
petitioner's request of a fence height variation from forty-two inches (42")
to six (6) feet.
Trustee Kenny amended his motion, seconded by Trustee Savino, to deny
the petitioner's request of a six (6) foot fence height variation, as it failed
to satisfy Section 4(a)1, 2 & 3 and (b)1-6 of the Code of Ordinances
relating to Standards for a Variation. ROLL CALL VOTE:
Ayes: 5 - Trustees Kenny, McInerney, Payovich, Savino and
Shumate.
Nays: 0 - None.
Absent: 1 - Trustee Bartecki. Motion carried.
President Bushy recommended the petitioner contact the Oak Brook
Police Department and a landscape company to assist with their concerns
of their property.
B. RECOMMENDATION - VOLUNTEER CAPITAL CORPORATION (J.
ALEXANDER'S RESTAURANT - 1410 16TH STREET) TEXT
AMENDMENT AND SPECIAL USE - OUTDOOR DINING ADJACENT TO
A RESTAURANT:
This petition, if approved, will establish a new category of Special Use in
B-1 districts for "Outdoor dining areas adjacent to restaurants" and will
approve this Special Use for the J. Alexander's Restaurant on the existing
patio area on the south side of the restaurant structure.
The Plan Commission, by a vote of 5 to 0, and the Zoning Board of
Appeals, by votes of 4 to 0, have recommended approval of both
elements of the petition with similar sets of conditions attached to the
Special Use recommendation for J. Alexander's.
Attorney David Gooder, representing the petitioner, gave a brief
explanation of the proposed outdoor dining area. The petitioner is
requesting the outdoor furniture remain year round outside the designated
patio dining area. Pictures of the area and furniture were submitted to the
Village Board members. A three (3') foot wall that is partially solid and
with rails would surround the outdoor dining area. Five (5') and six (6)
foot scrubs (evergreens) will be installed along the split rail fence. All
conditions have been met for a text amendment and special use.
Trustee Kenny inquired why the Plan Commission requested the outdoor
furniture be removed during the off-season. Director of Code
Enforcement Hawk stated the Plan Commission viewed the conditions as
stated for Zarrosta's and Maggiano's outdoor dining cafes. The proposed
set of conditions were modeled after these Special Use Permits. There is
no compelling reason why the furniture should be removed during the off-
VILLAGE OF OAK BROOK Minutes Page 5 of 8 June 27, 1995
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COUN-14'
VILLAGE OF OAK BROOK
1 200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
70's 99L-;L���
MEMO
June 22, 1995
TO: President Bushy and Board of Trustees
FROM: Tom Hawk
SUBJECT. Volunteer Capital Corp. LJ. Alexander's Restaurant) Petition - 1410 16th Street
Text Amendment and Special Use - Outdoor Dining Areas Adjacent to Restaurants
This petition, if approved, will establish a new category of Special Use in B-1 districts for "Outdoor dining
areas adjacent to restaurants"and will approve this Special Use for the J. Alexander's Restaurant on the
existing patio area on the south side of the restaurant structure.
The Plan Commission, by a vote of 5 to 0, and the Zoning Board of Appeals, by votes of 4 to 0, have
recommended approval of both elements of the petition with similar sets of conditions attached to the Special
Use recommendation for J. Alexander's.
There was no public testimony or comment regarding the text amendment.
With respect to J. Alexander's, citizens of the Oak Brook Club expressed concerns relating to noise and to
a lesser extent appearance. The Zoning Board of Appeals in response to these concerns, recommended
additional language pertaining to noise and nuisances and also added a landscape screening provision.
Also, the Zoning Board recommendation differed with the Plan Commission in the requirement to remove the
outdoor furnishings during the off season. J. Alexander's presented testimony as follows:
1. The outdoor furniture they intend to use is of heavy metal construction designed for
continuous outdoor exposure. Removal and storage will be difficult.
June 22, 1995
President Bushy and Board of Trustees
RE. Volunteer Capital(J. Alexander's)
Page Two
2. The outdoor furniture has an attractive appearance.
3. The patio area to be used is a defined area that does not serve any other purpose such as
a pedestrian way.
The Zoning Board of Appeals recommendation did not include a furnishing removal requirement.
The conditions suggested by both the Plan Commission and Zoning Board of Appeals are consistent and
similar with the conditions imposed on the Maggiano's and Zarrosta Grill Special Use.
Approval of these requests will require separate ordinances -an ordinance approving a Text Amendment
and an ordinance approving a Special Use for a specific property(J. Alexander's Restaurant).
The Text Amendment ordinance would not be conditional,however,the Special Use for J.Alexander's should
contain conditions including the following: -
1. 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 proposed Exterior Patio Seating Plan
consisting of one sheet submitted by the applicant, a copy of which is attached hereto as
Exhibit "A"and incorporated herein.
If you wish to require removal of all outdoor furnishings and equipment, add the
following sentence:
The outdoor dining area may be set up between April 1 and April 15 and shall be removed
between October 15 and October 31 for each year this Special Use Permit is in effect."
2. 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. The tables and chairs that are of heavy metal construction and suitable for constant weather
exposure may remain in place year-round.
or
In October of each year this Special Use Permit is in effect, all outdoor equipment and
furnishings shall be removed.
a
June 22, 1995
President Bushy and Board of Trustees
RE., Volunteer Capital(J. Alexander's)
Page Three
4. 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.
5. 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.
6. An alarmed emergency egress gate shall be provided.
7. Additional six-foot tall dense evergreen plantings shall be planted along the east perimeter
of the outdoor dining area.
If it is your wish.to move toward approval of these requests, it would be appropriate to do so by voice vote
motion authorizing Attorney Martens to draft the necessary ordinances for action at your meeting of July 11,
1995.
TRH/gp
cc: Petitioner
! 3E OF OAAr
9
COU 4,
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
-)S 990- 3000
June 21, 1995
Board of Trustees
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60521
RE: Volunteer Capital Corp. (J. Alexander's Restauranf� - 141016th Street
Text Amendment and Special Use- Outdoor Dining Adjacent to Restaurants
Dear Madam President and Board of Trustees:
On June 6, 1995, the Zoning Board of Appeals, held the necessary public hearing regarding Volunteer Capital
Corporations petition to amend the B-1 Special Uses to include "Outdoor dining adjacent to restaurants"and for
approval of this Special Use for J. Alexander's Restaurant
Mr. & Mrs. Ouellette, residents of the Oak Brook Club, expressed concerns specifically with respect to J.
Alexander's. They were primarily concerned with noise and to a lesser degree with appearances that may effect
them and their neighbors at the Oak Brook Club. Their condominium is approximately four hundred feet from the
restaurant. In making their recommendation for approval, the members felt that the recommended Special Use
conditions, dealt with their concerns. There was no other public testimony.
By a vote of 4 to 0, a motion recommending approval of the Text Amendment was passed. This motion was
based on the proposed change meeting the standards required for amendments contained within the Plan
Commission rules.
By a vote of 4 to 0,a motion was passed recommending approval of the Special Use for "Outdoor dining adjacent
to restaurants"for J. Alexander's and included the following suggested conditions:
1. 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 proposed Exterior Patio Seating Plan
consisting of one sheet submitted by the applicant,a copy of which is attached hereto as Exhibit
"A"and incorporated herein.
/3.
i
June 21, 1995
President Bushy and Board of Trustees
RE: Volunteer Capital Corp. (J. Alexander's Restaurant)
Page Two
2. 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. The tables and chairs being very heavy and suitable for constant weather exposure may remain
in place year-round. The Plan Commission recommendation called for removal of all furnishings
after October 15.
4. 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.
5. 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.
6. An alarmed emergency egress gate shall be provided.
7. Additional six-foot tall dense evergreen plantings shall be planted along the east perimeter of the
outdoor dining area.
This motion was based on member concurrence that the Special Use standard had been satisfied.
Respectfully submitted,
Champ Davi
Chairman
Zoning Board of Appeals
CC Petition Files
The unusual shape of the lot and also the position of the house as it relates to the lot has presented
the problem to build this small addition. The size of the proposed room is 10 x 10 which is the
minimum amount they can build to accomplish their needs. The traffic flow design of the house is
another reason for the needed variation. They are increasing the size of the kitchen area due to its
present small size. They are short a needed four feet. If the house had been built square to the lot
there would not be a problem. The neighbor directly to the south has submitted a letter of approval
and the plan approval from the Brook Forest Architectural Review Committee has also been enclosed.
Dosedlo questioned that the request was really for two feet rather than four feet. Campbell agreed.
There is only a corner of the proposed addition that encroaches into the setback. Shah questioned the
reason for the need to add the addition. Campbell said that the house is thirty years old and they are
remodeling the kitchen. Melinda Campbell said that the current eating area is so small and barely holds
their family. The children are small right now and as they grow they won't be able to push their chairs
back from the table because of its small size.
No one in the audience spoke in favor of or in opposition to the proposal.
Davis said that it appears that the testimony given meets most of the required standards. The
circumstances are unique due to the shape of the lot and placement of the house. There is no
opposition, and it does not appear that the variation will alter the essential character of the locality.
They do have a hardship due to the lot shape, and the request is not applicable to other properties in
the area. Value of surrounding properties will not be diminished and it will not be detrimental to the
health and welfare of the public if the request is granted. The purpose of the variation is not exclusively
based upon a desire to make more money. The difficulty was not created by the property owner.
Member Dosedlo moved, seconded by Member Shah to recommend for approval the request to reduce
the rear yard setback from forty to thirty-eight feet to allow construction of the kitchen addition on the
south side of the property based on the Zoning Ordinance standards having been met.
ROLL CALL VOTE: Ayes: 4 - Dosedlo, Hasen, Shah, and Davis.
Nays: 0 - None.
Absent: 2 - Aldini, Vescovi. Motion carried.
V. VOLUNTEER CAPITAL CORP. (J. ALEXANDER'S) - 1410 16TH STREET - TEXT AMENDMENT
AND SPECIAL USE - OUTDOOR DINING
Gooder identified himself as the attorney representing Volunteer Capital Corp. He reviewed.the site in
Oak Brook Court and the request to tum the patio at J. Alexander's restaurant into use for outdoor
dining as a Special Use for B-1 areas as presently exists for Maggiano's restaurant in a B-2 area.
There are no other areas in the B-1 districts that this would currently be applicable. Adding open air
dining to a restaurant in the B-1 will not change the character of the neighborhood. The proposed
amendment is consistent with the comprehensive plan.
Bill and Grace Ouellette, three-year residents of the Oak Brook Club were sworn in prior to giving
testimony opposing the request. They are concerned with the noise from April to October and that
they will not be able to use their balcony during the nice summer weather. There is about four hundred
feet separation. They do not want to see the value of their property decrease because of this.
ZONING BOARD OF APPEALS Minutes June 6, 1995
40-11—7 2
'
�i
Davis said these issues are based on the granting of the Special Use Permit itself and will be addressed
in the presentation for the requested Special Use. The Board will need to motion recommendation for
the proposed text amendment.
Member Shah moved, seconded by Member Dosedlo to recommend for approval of the text amendment
to add outdoor dining areas adjacent to restaurants as requested, and pursuant to the recommendations
of the Plan Commission.
ROLL CALL VOTE: Ayes: 4 - Dosedlo, Hasen, Shah, and Davis.
Nays: 0 - None.
Absent: 2 - Aldini, Vescovi. Motion carried.
The site is suitable for granting the Special Use and is an appropriate use for this area. Outdoor dining
will not diminish the value of surrounding property. The will clean the area daily and will comply with
all DuPage County Health Department regulations. There will be no music, dancing, or other
entertainment within the outdoor dining area. They are subject to the rules and regulations with regard
to nuisance. It is important to J. Alexander's to not turn neighboring customers against them. There
will be an alarmed emergency egress gate. The outdoor furniture is heavy duty wrought iron, and they
would like to leave it outdoors year-round. The existing furniture has been outside since the restaurant
opened last year. The weight of the furniture makes it difficult to move or store.
Matt Hamilton, Head Coach of Operations, said that J. Alexander's is a restaurant not a bar. The bar
is there for the people waiting for their meal. They want to be good members to the community and
will maintain the patio format so that people can enjoy the outdoor dining. They value the neighbors
and guests. They are willing to be responsible and will maintain the outdoor dining is such a way that
the situation the Ouellette's are concerned with will not occur. They will control the noise.
Doug Richmond, Head Coach of Operations, said they believe in the character of the community and
like the fact that they are part of Oak Brook. They close at 10:00 p.m. during the week and 12:00 on
weekends. If there are any complaints the reaction goes all the way to the vice-president of the
restaurant. They want to put back into the community. Shortly after they opened, they started
experiencing customers waiting between one and two hours to be seated. They need the additional
space and will be at their maximum capacity with 30 seats. Based upon the size of the kitchen, the
30 additional seats will maximize their effort in the kitchen. Looking at the layout of the building, they
are unable to expand the building.
Davis said that the request for Special Use would have conditions on it and the Village has nuisance
laws and if complaints persist then the Special Use can be rescinded or revoked.
Hasen discussed the use of a tall hedge for additional screening that will reduce the noise.
Chris Lavoie, Bollinger and Lach, said that there is a landscape buffer between the patio and the
sidewalk on the east side, consisting of low lying plants. It could be replanted with larger plants.
Ouellette said that if the noise and view were controlled they would have no objection.
ZONING BOARD OF APPEALS Minutes June 6, 1995
Member Hasen moved, seconded by Member Shah to recommend for approval the Special Use Permit
to allow outdoor dining based on the following conditions:
1. 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 proposed Exterior Patio Seating
Plan consisting of one sheet submitted by the applicant, a copy of which is attached
as Exhibit "A" and incorporated herein.
2. 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. The tables and chairs being very heavy and suitable for constant weather exposure may
remain in place year-round. The Plan Commission recommendation called for removal
of all furnishings after October 15.
4. 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.
5. 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.
6. An alarmed emergency egress gate shall be provided.
7. Additional six-foot tall dense evergreen plantings shall be planted along the east
perimeter of the outdoor dining area.
ROLL CALL VOTE: Ayes: 4 - Dosedlo, Hasen, Shah, and Davis.
Nays: 0 - None.
Absent: 2 - Aidini, Vescovi. Motion carried.
VII. ADJOURNMENT
Member Dosedlo moved, seconded by Member Hasen to adjourn the meeting.
VOICE VOTE: All in favor. Motion carried.
Meeting was adjourned at 8:58 p.m.
J�
irector of Coe nforcement
Secretary
" �3 19
D Ap ved
ZONING BOARD OF APPEALS Minutes June 6, 1995
�/ 4
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990- 3000
May 25, 1995
President Bushy and Board of Trustees
Zoning Board of Appeals
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60521
RE. Volunteer Capital Cora./J.Alexander's- 141016th Street-Text amendment
and Special Use - Outdoor Dininq
Dear Madam President, Board of Trustees, and Zoning Board of Appeals:
The Plan Commission, at their regular meeting of May 15, 1995 reviewed the proposed text amendment to
allow "Outdoor dining areas adjacent to restaurants"as permitted Special Uses in B-1 zoning districts and
for approval of this Special Use for J. Alexander's Restaurant in the Oak Brook Court.
There was no public testimony with respect to either issue.
Text Amendment
By a vote of 6 to 0 a motion was passed recommending approval of the proposed text amendment to include
"outdoor dining areas adjacent to restaurants"as a permitted Special Use in B-1 zoning districts. This
recommendation was based on a consensus that the request was consistent with the factors regarding
amendments contained within the Plan Commission rules.
&ecial Use
By a vote of 6 to 0,a motion was passed recommending approval of a Special Use for"outdoor dining areas
adjacent to restaurants"for J. Alexander's Restaurant. This motion was based on the consensus that the
request satisfies the standards required for Special Uses in the Zoning Ordinance and included the following
conditions:
May 25, 1995
Board of Trustees and Zoning Board of Appeals
RE: Volunteer Capital Corp✓J. Alexander's
Page Two
1. 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 proposed Exterior Patio Seating Plan
consisting of one sheet submitted by the applicant, a copy of which is attached hereto as
Exhibit"A"and incorporated herein. The outdoor dining area may be set up between April
1 and 15 and shall be removed between October 15 and October 31 for each year this
Special Use Permit is in effect.
2. 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. In October of each year this Special Use Permit is in effect, all outdoor equipment and
furnishings shall be removed.
4. 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.
5. There shall be no music, dancing or other entertainment offered within the outdoor dining
area.
6. An alarmed emergency egress gate shall be provided.
Respectfully submitted,
/" C
�Grge C. Mueller
Acting Chairman
Plan Commission
cc: Petition files
VILLAGE OF OAK BROOK
PLAN COMMISSION MINUTES
May 15, 1995
I. CALL TO ORDER
The meeting was called to order at 7:32 p.m.
MEMBERS PRESENT: Acting Chairman George Mueller
Members Stelios Aktipis
Bernard Dudek
David Pequet
Anthony Tappin
MEMBERS ABSENT: Thomas Doyle
ALSO PRESENT: Director of Code Enforcement Tom Hawk
A quorum was present
Member Tappin moved, seconded by Member Pequet to appoint Member Mueller as Acting
Chairman.
II. APPROVAL OF MINUTES
Member Tappin moved, seconded by Member Dudek, to waive the reading of the April 17, 1995
Plan Commission Meeting minutes and to approve them as amended.
VOICE VOTE: All in favor. Motion passed.
Member Dudek moved, seconded by Member Tappin, to waive the reading of the April 19, 1995
Special Plan Commission Meeting minutes and to approve them as amended.
VOICE VOTE: All in favor. Motion passed.
III. VOLUNTEER CAPITAL CORP./J. ALEXANDER'S - 141016th STREET - TEXT AMENDMENT
AND SPECIAL USE - OUTDOOR DINING
David Gooder, attorney for the petitioner, reviewed the petition request, surrounding zoning, and
other restaurants in the Village that have outdoor dining special use permits. The petitioner is
seeking a text amendment to the B-1 District and for a special use permit to allow outdoor dining.
PLAN COMMISSION Minutes May 15, 1995
e
Doug Richmond, Head Coach of Operations at J. Alexander's said that the biggest complaint they
get from guests is the long wait. The addition of outdoor dining will allow more availability for
seating. They are proposing six tables and thirty chairs in the outdoor dining area. They are more
than willing to do anything necessary as far as the physical plan of the building is concerned. He
passed out pictures to the members so they could visualize the patio as it is currently. Matt
Hamilton will be Head Coach of Operations, effective June 1, 1995.
Gooder reviewed the factors (Index pages 8a-8b) for the text amendment and special use. It will
not change the character of the neighborhood in any way and is surrounded by parking and
commercial use. It will not depreciate the value of other property in the area. The proposed
amendment is consistent with the Comprehensive Plan. There is a significant public demand for
outdoor dining in the Oak Brook area during the spring and summer months. The proposed use
will not cause any injury to other properties and the design of the use will be so designed, located,
and operated to protect the public health, safety, and welfare.
Tappin questioned setting a precedent in the B-1 area. Hawk said that The Oaks of Oak Brook is
the only other B-1 area and is very limited physically in area and would not support a restaurant
with outdoor dining facilities.
Gooder questioned the need for an emergency exit. Hawk said that the building codes are specific
in this area. People are not to be taken back into a building that is having a problem if they are
already outside. This is the reason that an emergency egress gate from the patio area is
necessary. If there should not be a gate installed and an emergency should occur, people will be
climbing over the wall trying to get out. This would increase the chance of injury and liability.
Tappin said that he is concerned with the steep slope into the retention pond. If someone had too
much to drink and lost control, they could tumble down the slope and be in the water. Richmond
said that they would attach an alarm to the gate so if someone went through it, the alarm would
go off and their personnel would respond immediately. Chris Lavoie, Bollinger, Lach & Associates
said that the finished floor elevation is the same as inside the restaurant so there is no step to go
in and out. There will be a ramp that will be well within the ADA specifications to make minor
modifications on the west side of the patio. A piece of the wall will be removed, then a crash bar
and a small ramp will be installed. There will be no entrance into the patio from the outside, just
an exit.
Dudek and Mueller discussed the requirement of an alarmed emergency egress gate. Hawk said
that each application for special use can have specific requirements imposed by. the Plan
Commission because each circumstance is unique.
No one in the audience spoke for or against the proposed text amendment or special use.
Member Aktipis moved, seconded by Member Pequet to recommend approval of the requested Text
Amendment to add "outdoor dining areas" as a special use.
ROLL CALL VOTE: Ayes: 5 - Aktipis, Dudek, Mueller, Pequet, and Tappin.
Nays: 0 - None.
Absent: 1 - Doyle. Motion carried.
PLAN COMMISSION Minutes May 15, 1995
�2
9 '
Mueller stated that the proposed Special Use does meet the standards required by the Zoning
Ordinance.
Member Dudek moved, seconded by Member Tappin to recommend approval of the requested
Special Use subject to the following conditions:
1. 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 proposed Exterior
Patio Seating Plan consisting of one sheet submitted by the applicant, a copy of
which is attached hereto as Exhibit W and incorporated herein. The outdoor dining
area may be set up between April 1 and 15 and shall be removed between October
15 and October 31 for each year this Special Use Permit is in effect.
2. 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. In October of each year this Special Use Permit is in effect, all outdoor equipment
and furnishings shall be removed.
4. 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.
5. There shall be no music, dancing or other entertainment offered within the outdoor
dining area.
6. An alarmed emergency egress gate shall be provided.
ROLL CALL VOTE: Ayes: 5 - Aktipis, Dudek, Mueller, Pequet, and Tappin.
Nays: 0 - None.
Absent: 1 - Doyle. Motion carried.
IV. ADJOURNMENT
Member Pequet moved, seconded by Member Dudek to adjourn.
VOICE VOTE: All in Favor. Motion carried.
Meeting was adjourned at 8:31 p.m.
Director of Code orcement
Secretary
e Approved
PLAN COMMISSION Minutes May 15, 1995
OE OF Oqk 6
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9O�COUNt'4`p
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990- 3000
MEMO
F
May 11, 1995
TO: PlanCommis io and Zoning Board of Appeals
FROM: Tom Ha
SUBJECT.• Volunteer Caitap l Corporation(J.Alexander's Restaurant- 141016th Street- Text Amendment
and Special Use.
This petition is seeking to amend the B-1 Local Shopping Center District Zoning Ordinance text to add"Outdoor
dining areas adjacent to restaurants"to the list of Special Uses permitted, and for approval of this Special Use
for the J. Alexander's Restaurant.
Text Amendment
This proposed Special Use is identical to the one approved for the B-2 Regional Shopping Center District in
July of 1993. We now have two restaurants in the B-2 District with this approved Special Use-Maggiano's and
Zarrosta's. There are also several other "Outdoor dining areas"in other zoning districts.
We have not had any serious problems with any restaurant outdoor dining area. Given good regulatory controls
and the cooperation of the restaurant managers, this proposed Special Use should not present any appreciable
difficulties for neighboring properties and the general public.
Special Use for J. Alexander's Restaurant
This restaurant is located in the Oak Brook Court Center on 16th Street at the north end of the retention pond and
is surrounded by commercial property,mostly parking areas. The nearest residential use is the Oak Brook Club
which is several hundred feet to the east The outdoor area to be utilized is the existing patio area on the
southeast side of the building overlooking the pond.
May 11, 1995
Plan Commission and Zoning Board of Appeals
RE: Volunteer Capital Corporation (J. Alexander's)
Page Two
If similar controls are applied to this request as have been applied to Maggiano's and Zarrosta's, this proposal
should not generate any detrimental effects.
Following are some suggested conditions that are based on the previously approved"Outdoor dining..." Special
Uses:
1. 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 proposed Exterior Patio Seating Plan consisting of one sheet
submitted by the applicant, a copy of which is attached hereto as Exhibit "A"and incorporated herein.
The outdoor dining area may be removed between October 15 and October 31 for each year this Special
Use Permit is in effect.
2. 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 20 seats are permitted in said area.
3. In October of each year this Special Use Permit is in effect, all outdoor equipment and furnishings shall
be removed.
4. The restaurant operator shall be responsible for maintaining and cleaning the outdoor area and shall
comply with all applicable DuPage County Health Department requirements.
5. There shall be no music, dancing or other entertainment offered within the dining area.
6. An emergency egress gate shall be provided.
TRH/gp
LORD, BISSELL & BROOK
IIs SOUTH LA SALLE STREET
CHICAGO, ILLINOIS 60603 LOS ANGELES OFFICE
300 SOUTH GRAND AVENUE,SUITE 3900
LOS ANGELES,CALIFORNIA 90071-3200
13121 443-0700 12131 495-1500
CABLE: LOWIRCO CGO TELEX:18-1135
TELEX: 25-3070 TELECOPY:(213)485-1200
TELECOPY: 1312) 443-0570 ATLANTA OFFICE
1100 ONE ATLANTIC CENTER
Jorie Boulevard
1201 W. PEACHTREE STREET,SUITE 3700
Suite 243 ATLANTA,GEORGIA 30309
(404)870-4800
TELEX:54-3707
708/990-0561 Oak Brook, IL 60521 TELECOPY:14041872-5547
LONDON OFFICE
LLOYD'S,SUITE 995
I LIME STREET
LONDON EC3M 7DO ENGLAND
Ma 10 19 9 5 071-327-4534
Y TELECOPY 071-929-2250
Plan Commission RECEIVED
Village of Oak Brook
1200 Oak Brook Road MAY S
Oak Brook, IL 60521
MAY
OF.=
Att'n: Thomas Hawk N tN
Director of Code Enforcement
Re: Zoning Requests of Volunteer
Capital Corporation
1410 - 16th Street
Dear Tom:
The Applicant is my client, Volunteer Capital Corpor-
ation, which is the owner of J. Alexander' s Restaurant. This
facility occupies real property owned by my client at 1410 - 16th
Street which is located in the north central portion of the
retail development commonly known as Oakbrook Court. This
property is zoned B1 District.
The Applicant seeks to receive approval for outdoor
dining accompanied by service of alcoholic beverages in the out-
door patio adjoining the restaurant on its south side.
In order to obtain such approval the Applicant has
filed the following zoning requests:
1. An Application for a text amendment of the special
use provisions of the Village Zoning Ordinance with
regard to B-1 Districts to authorize outdoor dining
areas adjacent to restaurants; and
2 . An Application for such a special use for the subject
property.
1 '
LORD, BISSELL 5 BROOK
Plan Commission
Att1n, Thomas Hawk
May 10 , 1995
Page Two
This is a process similar to that resulting in approval
two years ago of outdoor dining adjacent to Maggiano' s Restaurant
located in Oakbrook Center which is zoned B-2.
The subject patio is unusually well suited to outdoor
dining. It is well separated from parking and access drives,
has a 3-foot wall around its outdoor edge, is accessible only
from inside the restaurant and has a striking view of the lagoon
and surrounding landscaping which is located directly south of
the restaurant.
With regard first to the text amendment, we would like
to stress that this application meets the standards set forth in
Section 8. 3 of the Rules of Procedure of the Plan Commission as
follows:
(a) Open air dining adjacent to a restaurant as a special
use in a B-1 District will not change the character
of the neighborhood.
(b) Not applicable.
(c) Open air dining when specially permitted will not
depreciate the value of other property in the area.
(d) The J. Alexander' s Restaurant with its patio located
on the south adjacent to the large lagoon is particu-
larly suitable for outdoor dining.
(e) The property on all sides of the site is zoned for
commercial uses and is so developed.
(f) Not applicable.
(g) There is no gain to the public by refusing to permit
outdoor dining in appropriate areas zoned B-1.
(h) Outdoor dining in appropriate areas promotes the
enjoyment of lunch and dinner.
(i) The proposed amendment is consistent with the Compre-
hensive Plan.
(j ) There is a significant public demand for outdoor dining
in the Oak Brook area during the spring and summer months.
LORD, BISSELL b BROOK
Plan Commission
Att'n: Thomas Hawk
May 10, 1995
Page Three
With regard to the Standards for Special Uses as set
forth in Section 7.2 of the Rules of Procedure and Section XIII
(J) (5) of the Zoning Ordinance, the request for J. Alexander' s
clearly meets them as is made clear by the following:
(a) Not applicable.
(b) Outdoor dining at J. Alexander' s cannot possibly cause
any injury to the value of other property in the area.
(c) The proposed use "will be so designed, located and
operated that the..public health, safety and welfare
will be protected. "
It is therefore respectfully urged that the Plan Commission
recommend that the two zoning requests of the Applicant be approved.
Uspefully yours,
David M. Gooder
DMG:pg
cc R. Farmer
8.6
'er
Pablic NOT'ICE IS NeariaQQiVEN CERTIFICATE OF PUBLICATION
" HEREBY'G
Ji'm
a pylic hearirp before the
o k" o e� Paddock Publications, Inc.
Counties,I Trois,will
beholdon June 8 1995 at 7:3e0
HaN:1theO.k B kroo Roavd�gllli -
Znds,for the purpose of consider-
ing the appkca do of Volunteer
Capital Corporation,3401 WestD&Her&d •
End Avenue Nashville, TN Daily Heralds clues
37202 for a toning Ordinance
Text Amendment and Special
Use as provided under Section
XIII(IS J)of the Zarin Obi•
nance of a village o°, oak
Brook. Ulinois,Ordinance G-60, A Corporation organized and existing under and by virtue of the laws of the
as amended.
This proposal is also being re- State Of Illinois D
viewed by the Plan Commission DOES HEREBY CERTIFY that it is the publisher of
at theirmeeting of May 15,1995
at the same location.
descorit�s aid begenerally t DAILY HERALD. That said DAILY HERALD is a secular newspaper
Oak Brook,Illinois,and the legal
dot 2onii Oakbrook coon and has been published daily in the Village of oak Brook
resubdivision amended plat be-
ing apart of the northwest quar-
ter of Section 23,Township 39 County(ies) of
North, Range 11, East of the
Third Principal Meridian, in DuPage and State of Illinois
DuPage County,Illinois. r
Pem,a06 23-102 33m�r continuously for more than one year prior to the date of the first publication
The petitioner's request will ac-
compplithe following: Amend
the B 1 zoning district texl per- of the notice hereinafter referred to and is of general circulation throughout
taining to S cal Uses to inc ude
'Outdoor fining areas adjacent
to restaurants and approval of said Village, County(ies) and State.
ZZ
fal use for the J.
i
ZZe sRestaurant.
All persons desiring to be
heard in support of or in oppost-
tiontotheproposedZoningOrdi- I further certify that DAILY HERALD is a newspaper as defined in "an
nonce Text Amendment and
Special Use or any provision
portunrty tokdo so arWemavi Act to revise the law in relation to notices" as amended in 1992 Illinois
and thea statements orally or in
writing o<both.The hearing may Compiled Statutes Chapter 715 Act 5, Section 1 and 5.
tk�
reto cessed
Of time and another
thereof
is
ppuublicly announced at the hear-
kig or is given by newspaper pub-
p Snot less than five(5)days That a notice of which the annexed printed slip is a true copy, was
riot to the date of the recessed
nn
In accord with the provisions of published
the American with Disabilities May 10, 1995
Act,any individual who is in need
of a reasonable accommodation
in order to participate in or benefit in said DAILY HERALD.
frau attendance at this public
i meeting should contact Thomas
Hawk,the Village's ADA Coordi-
nator,as soggon as possible before
Theepetitioner's application is IN WITNESS WHEREOF, the undersigned, the said PADDOCK
on file with the Village Clerk and
with forcorcemeen. PerrsonsT wishing to PUBLICATIONS, Inc., has caused this certificate to be signed by
examine the petition documents
rr o rrrt teCoode Enfo�me t, MARGIE FLANDERS, its Treasurer, at Arlington Heights, Illinois.
Thomas Hawk, Village of Oak
Brook, 1212 Oak Brook Road,
Oak Brook,IL 60521,telephone
708-990-3045.
LINDA GONNELLA
Village Clerk
Published at the direction of
the Corporate Authorities and the
Zoning Board of Appeals of the
V
illage of Oak Brook, DuPage PADDOCK PUBLICATIONS INC.
and Cook Counties,Illinois.
Published in Lombard - Villa DAILY HERALD NEWSPAPERS
Park - Oak Brook - Oakbrook
Terrace Herald May 10, 1995.
(063118)
BY c
Assistaf, Treasurer
FO
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p�COUNTy
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
708 990- 3000
May 10, 1995
Dear Resident:
The Oak Brook Plan Commission, Zoning Board of Appeals, and the Village Board will be considering a
Zoning Ordinance Text Amendment and Special Use at the meetings as scheduled on the reverse side of
this notice.
The application has been filed by. Volunteer Capital Corporation
3410 West End Avenue
Nashville, TN 37202
Relationship of applicant to property: Owner
The property in question is located at: J. Alexander's Restaurant
1410 16th Street
Also shown on the reverse side is a map'of the area to assist you in determining your relationship to the
property in question.
The request which has been made is as follows:
To amend the B-1 zoning district text pertaining to Special Uses to include "outdoor dining
areas adjacent to restaurants" and approval of such Special use for the J. Alexander's
Restaurant.
If you desire more detailed information, please contact me at the Building Department to review the file on
this application. I look forward to your attendance at the public meetings.
Sincerely yours,
Thomas R. Hawk
Director of Code Enforcement
TRWgp
6.
Motion by Trustee McInerney, seconded by Trustee Calzaretta, to approve the
minutes of the Regular Meeting of April 11, 1995 as presented and waive the
full reading thereof. VOICE VOTE: Motion carried.
5. OMNIBUS AGENDA:
Motion by Trustee McInerney, seconded by Trustee Calzaretta, to approve the
Omnibus Agenda. ROLL CALL VOTE:
Ayes: 5 - Trustees Bartecki, Calzaretta, Kenny, McInerney and Payovich.
Nays: 0 - None.
Absent: 1 - Trustee Shumate. Motion carried. APPROVAL OF:
A. APPROVAL OF BILLS: Approved Omnibus Vote. BILLS -
$569,326.29
B. APPROVAL OF PAYROLL: Approved Omnibus Vote. PAYROLL -
$193,982.05
C. PAYOUTS: PAYOUTS:
1. DU PAGE WATER COMMISSION - PAYOUT FOR MARCH 1995 - DWC - rIXED
FIXED COSTS AND O & M - $194.700.91: Approved Omnibus Vote. COSTS
2. 1973 WATERWORKS REVENUE BONDS PAYMENT - $260,625.00: 1973 WATERWORKS
Approved Omnibus Vote. REVENUE BONDS
REFERRAL:
D. EFERRAL - VOLUNTEER CAPITAL CORPORATION (J. ALEXANDER'S J. ALEKOMER'S
RESTAURANT) 1410 16TH STREET - TEXT AMENDMENT AND RESTAURANT
SPECIAL USE - OUTDOOR DINING FACILITY - REFER TO PLAN (1410 16th St.)
COMMISSION MEETING OF MAY 15. 1995 AND ZONING BOARD OF T.A. & S.U. -
APPEALS MEETINGS OF JUNE 6. 1995: Approved Omnibus Vote. OUTDOOR DINING
E. BID AUTHORIZATION - PORTABLE AND MOBILE RADIOS: Approved PORTABLE A'D
Omnibus Vote. MOBILE RADIOS
F. ACCEPT AND PLACE ON FILE - TREASURER'S REPORT MARCH TREASURER'S
1995: Approved Omnibus Vote. REPORT-MARCH
6. ITEMS REMOVED FROM OMNIBUS AGENDA: None.
7. ORDINANCES AND RESOLUTIONS:
A. RESOLUTION 95-SD-R-646 A RESOLUTION APPROVING THE FINAL RES.95-SD-R-64
PLAT OF SUBDIVISION KNOWN AS DIEPSTRA SUBDIVISION (2417 DIEPSTRA SUB.F:
35TH STREET): (2417 35th St.:
Motion by Trustee Kenny, seconded by Trustee McInerney, to approve
Resolution 95-SD-R-646 as amended in Paragraph (b), Section 2 to
include "except sanitary sewers, if determined to be required" and waive
the full reading thereof. ROLL CALL VOTE:
Ayes: 5 - Trustees Bartecki, Calzaretta, Kenny, McInerney and
VILLAGE OF OAK BROOK Minutes Page 2 of 12 April 25, 1995
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�COUNS�
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -7755
708 990- i 00
MEM
April 19, 1995
TO: President Bushy a Board of Trustees
FROM: Tom Hawk
SUBJECT. Referral- Volunteer C Jap tal Coma.. Alexander's Restaurant) Petition - 1410 16th Street
Text Amendment and&ecial Use - Outdoor Dining Facifit
We have received a petition on behalf of J.Alexander's Restaurant in Oak Brook Court for a text amendment
to establish a Special Use for Outdoor Dining in B-1 Districts and approval of this Special Use for their
restaurant.
Please refer this to the Plan Commission for review and recommendation at their regular meeting of May 15,
1995 and to the Zoning Board of Appeals for public hearing at their regular meeting of June 6, 1995.
TRH/gp
cc: Petitioner
4
94-ZO-SII-E1-S-776
AN ORDINANCE GRANTING A SPECIAL USE
FOR OUTDOOR DINING AREAS ADJACENT TO RESTAURANTS
(Errant Enterprises - Zarrosta Grill, 118 Oakbrook Center)
WHEREAS, an application has heretofore been filed by the tenant of a
part of a building in the Oakbrook Center, which is located at 118 Oakbrook
Center, 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-2 Regional Shopping Center District, and the beneficial owner of said
property has approved said application; and
WHEREAS, Section VIII(D) (2) (f) of the Oak Brook Zoning Ordinance permits
outdoor dining areas adjacent to restaurants as a special use in the B-2
Regional Shopping Center District; and
WHEREAS, a public hearing on such application has been conducted by the
Plan Commission of the Village of Oak Brook on May 16, 1994, 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 7, 1994, 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 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 a Special Use Permit pursuant to the provisions of
Section VIII(D) (2) (f) be and is hereby granted for the use of an outdoor
dining area adjacent to a restaurant at 118 Oakbrook Center, which Center is
legally described as follows:
3.
94-ZO-SU-E1-S- 776
Granting a Special Use For An
Outdoor Dining Area Adjacent To A
Restaurant, 118 Oakbrook Center
Page 2
Lots 1, 2, 3, 4, 5, 6, 7 and 9 in Oakbrook Terrace, a subdivision
of part of Section 23, Township 39 North, Range 11 East of the
Third Principal Meridian, excepting from said Lots 3 and 9 those
parts thereof dedicated for highway purposes by instruments
recorded on September 8, 1961 as Document R61-21444 and on
November 20, 1961 as Document R61-30843; and excepting from said
Lots 5 and 7 those parts thereof dedicated for highway purposes by
said instrument recorded as Document R61-30843, and excepting from
said Lot 9 that part thereof included within the First Federal
Resubdivision, a resubdivision recorded May 3, 1978 as Document
R78-38235, in DuPage County, Illinois, containing 5,695,107 square
feet (130.7417 acres) , more or less. Permanent Parcel No.
06-23-300-032.
Section 3: That the Special Use Permit herein be granted specifically
subject to the following conditions:
1. 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 proposed Plan consisting of two sheets submitted
by the applicant, a copy of which is attached hereto as Exhibit
"A" and incorporated herein. The outdoor dining area may be set
up between April 1 and April 15 and may be removed between October
15 and October 31 for each year this Special Use Permit is in
effect.
2. 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 24 seats are permitted in said area.
3. All planter boxes delineating the dining area shall be securely
mounted or weighted to provide a stable barrier. No signage
(including banners) may be placed on the planters.
4. In October of each year this Special Use Permit is in effect, all
outdoor equipment, including planters, shall be removed and caps
shall be placed over any holes in the sidewalk to return the area
to the condition it was in prior to outdoor dining operations.
5. The restaurant operator shall be responsible for maintaining and
cleaning the outdoor area and shall comply with all applicable
DuPage County Health Department requirements.
6. There shall be no music, dancing or other entertainment offered
within the dining area.
7. The emergency egress gate shall open out only.
94-ZO-SU-El-S-776
Granting a Special Use For An
Outdoor Dining Area Adjacent To A
Restaurant, 118 Oakbrook Center
Page 3
If the property owner fails to meet the conditions of this section, upon
written notice to the operator of the restaurant, then if such 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 nor effect.
Section 5: That this Ordinance is limited and restricted to the
property presently occupied by Zarrosta Grill located at 118 Oakbrook Center,
` 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 12th day of July, 1994.
Ayes: Trustees Kenny, McInerney, Skinner and President Bushy
Nays: None
Absent: Trustees Bartecki, Payovich and Shumate
Abstain:
APPROVED THIS 12th day of July, 1994.
Village President
ATTEST:
Villag6 Clerk
Approved as to Form:
Village Attorney
Published
Date Paper
Not Published %
3n&
APPENDIX A—ZONING Sec. XIII ,
report of the Zoning Board of Appeals, and without
further public hearing, may vote upon the adoption of
any proposed amendment in accordance with applica-
ble Illinois Statutes, or may refer it back to the Boards
for further consideration.
(5) Re-Applications: Any person, firm, or corporation
having been denied an amendment to the Zoning
Ordinance respecting a specific parcel of property may
not re-apply for a like amendment on said real
property until the period of one (1) year has elapsed
since the denial of the application for amendment by
the President and Board of Trustees. (Ord. No. G137,
9-14-71)
(J) Special Uses.
(1) Purpose. The development and execution of the zoning
ordinance is based upon the division of the Village
into districts, within any one of which the use of land
and buildings and the bulk and location of buildings
or structures, as related to the land, are essentially
uniform. It is recognized, however, that there are
special uses which, because of their unique character,
cannot be properly permitted in particular districts
without consideration, in each case, of the impact of
those uses upon neighboring lands and upon public
need for the particular use or the particular location.
Such special uses fall into two categories:
(a) Uses operated by public agency or publicly-regu-
lated utilities, or uses traditionally affected with a
public interest.
(b) Uses entirely private in character, but of such a
nature that the operation may give rise to unique
problems with respect to their impact upon
neighboring property or public facilities such as,
but not limited to, single-family attached and
semi-detached dwellings, horizontal condomini-
ums and other residential developments. (Ord. No.
G66, 12-19-66)
971
i
Sec.XIII OAK BROOK CODE
(2) Authority: Special uses shall be authorized or denied
by the Village Board in accordance with the Statutes
of the State of Illinois applicable to amendments of
this ordinance, and the regulations and conditions set
forth in this ordinance for special uses.
No application for a special use shall be acted upon by
the Village Board until after:
(a) A written report is prepared and forwarded to the
Board of Appeals and the Village Board by the
Plan Commission in a manner prescribed herein
for amendments to this ordinance; and
(b) A public hearing has been held by the Zoning
Board of Appeals, after due notice by publication
as provided by the applicable Statutes of the State
of Illinois for amendments and upon a report of
the Plan Commission to the Board of Trustees, if
such a report is made.
(3) Initiation: An application for a special use may be
made by any person, firm or corporation or by any
office, department, board, bureau or commission
requesting or intended to request a zoning certificate.
(4) Processing. An application for a special use, in such
form and accompanied by such information as shall
be established from time to time by the Plan
Commission, shall be filed with the Village Clerk and
thereafter processed in the manner prescribed thereto-
fore for applications and amendments. Special use
applications may be processed simultaneously with
requests for amendment of this ordinance. (Ord. No.
6-66, 12-19-66)
(5) Decisions: The Village Board, upon report of the
Zoning Board of Appeals and the Plan Commission,
and without further hearing, may authorize or deny
an application for a special use in accordance with the
Statutes of the State of Illinois applicable to amend-
ments, or may refer it back to the Board of Appeals
and the Plan Commission for further consideration.
972
APPENDIX A—ZONING Sec. XIII
No special use shall be authorized by the Village
Board unless the special use:
(a) Is of the type described in Section XIII J-1 (a) is
deemed necessary for the public convenience at
that location. (Ord. No. G-66, 12-19-66);
(b) Is so designed, located and proposed to be
operated that the public health, safety and welfare
will be protected; and
(c) Would not cause substantial injury to the value of
other property in the neighborhood in which it is
located.
(6) Conditions: The Plan Commission and Zoning Board
of Appeals may recommend, and the Village Board
may provide, such conditions and restrictions upon
the construction, location and operation of a special
use, including, but not limited to, provisions for
off-street parldng and loading as may be deemed
necessary to promote the general objectives of this
ordinance and to minimize the injury to the value of
the property in the neighborhood.
(A) Fees.
Fees for any relief under this ordinance shall be as
otherwise established by separate ordinance. (Ord. No.
G-132, 5-25-71; Ord. No. G-289, § 2, 3-24-81)
(L) Violation, Penalty and Enforcement.
(1) Any person, firm or corporation who violates,
disobeys, omits, neglects, refuses to comply with or
who resists enforcement of any of the provisions of
this ordinance shall, upon conviction, be fined not less
than $25.00 nor more than $500.00 for each offense.
Each day that a violation is permitted to e�dst shall
constitute a separate offense.
(2) The Building Inspector is hereby designated and
authorized to enforce this ordinance. However, it shall
also be the duty of all officers, citizens and employees
of the Village, particularly of all members of the police
Supp. No. 49 973
�i.
Sec.XIII OAK BROOK CODE
(1) Amendments.
(1) Authority: This ordinance may be amended from time
to time by ordinance in accordance with applicable
Illinois Statutes. No vote shall be taken upon the
adaption of a proposed amendment by the Board of
Trustees until after a public hearing before the Zoning
Board of Appeals and a report of its findings and
recommendations has been submitted to the Board of
Trustees along with the recommendation of the Plan
Commission.
(2) Initiation of Amendment: Amendments may be
proposed by the Board of Trustees, Plan Commission
or Zoning Board of Appeals, and by any person, firm
or corporation having a freehold interest, a possessory
interest entitled to exclusive possession, a contractual
interest which may become a freehold interest or any
exclusive possessory interest which is specifically
enforceable on the land which is described in the
proposal for an amendment.
(3) Processing.
(a) A proposal for an amendment shall be filed with
the Village Clerk and thereafter entered into the
records of the first meeting thereafter of the Board
of Trustees.
(b) A copy of such proposal shall be forwarded by the
Village Clerk to the Zoning Board of Appeals with
a request to hold a public hearing and submit to
the Board of Trustees a report of its findings and
recommendations. Such public hearing shall be
held upon notice as required by Illinois Statutes.
(c) The Village Clerk shall also transmit a copy of
such proposal to the Plan Commission. The Plan
Commission shall submit an opinion report
relative to such proposed amendment to the
Zoning Board of Appeals and Board of Trustees.
(4) Decisions: The Board of Trustees, upon report of the
Plan Commission, if such report is made, and the
970
1 _
APPENDIX A—ZONING Sea XIII
report of the Zoning Board of Appeals, and without
further public hearing, may vote upon the adoption of
any proposed amendment in accordance with applica-
ble
pplicable Illinois Statutes, or may refer it back to the Boards
for further consideration.
(5) Re-implications: Any person, firm, or corporation
having been denied an amendment to the Zoning
Ordinance respecting a specific parcel of property may
not re-apply for a like amendment on said real
property until the period of one (1) year has elapsed
since the denial of the application for amendment by
the President and Board of Trustees. (Ord. No. G137,
9-14-71)
(J) Special Uses.
(1) Purpose. The development and execution of the zoning
ordinance is based upon the division of the Village
into districts, within any one of which the use of land
and buildings and the bulk and location of buildings
or structures, as related to the land, are essentially
uniform. It is recognized, however, that there are
special uses which, because of their unique character,
cannot be properly permitted in particular districts
without consideration, in each case, of the impact of
those uses upon neighboring lands and upon public
need for the particular use or the paw-ticular location.
Such special uses fall into two categories:
(a) Uses operated by public agency or publicly-regu-
lated
ublicly-regulated utilities, or uses traditionally affected with a
public interest.
(b) Uses entirely private in character, but of such a
nature that the operation may give rise to unique
problems with respect to their impact upon
neighboring property or public faalities such as,
but not limited to, single-family attached and
semi-detached dwellings, horizontal condomini-
ums and other residential developments. (Ord. No.
G66, 12-19-66)
971
Of
044�'°°* VIWAGE OF OAK BItOK
1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521
990.3045
•° °NMT+ ,y
PETITION APPLICATION FOR PUBLIC HEARING:
ZONING ORDINANCE: APPEAL ($100) VARIATION ($300)
x �NDMENT ($650) x SPECIAL, USE ($400)
FLOOD PLAIN: VARIATION ($300) SPECIAL USE ($675)
ALL APPLICATIONS MUST BE ACCOMPANIED BY PROPER FEE,PLAT OF SURVEY, AND 18 COPIES OF A SCALE DRAWrgG
SHOWING ALL PERTINENT APPLICABLE INFORMATION; le, PROPERTY LINES, EXISTING BUILDEgGS, LOCATION OF
PROPOSED CONSTRUCTION, ANY BUII.DVtiGS ON ADJACENT PROPERTY WITHIN 100 FEET OF SUBJECT PROPERTY.
APPe'SANT TO COMPLETE
LOCATION N.E. Corner of Ratite 3 For Legal Description see Exhibit C at ched
OF SUBJECT PROPERTY: and 16th Street PERMANENT PARCEL NO. 06 23 _ 1 . 033
Oakbrook Court
LOT NO: 2 SUBDMSION: Resubdivision ADDRESS: 1410 16th Street
ZONING DISTRICT: B-1 ZONING ORDINANCE SECTION: Section VIII(C)
ACTION REQUESTED: (1) Add a new Subsection (i) to Section VIII(C)2 reading as follows:
" (i) Outdoor dining areas adjacent to restaurants" and (2� a special use permit foV such
an area adiaeent to J. Alexander's restaurant located at 410 16th Stree as depicted
on Exhibit A attached hereto and subject to conditions set forth in Exhibit B attached
_hereto.
PROPERTY INTEREST OF APPLICANT: OWNER X CONTRACT PURCHASER AGENT
OWNER(S) OF RECORD VOMNIEER CAPITAL CORPORATION Attn: Ronald PHONE NO. 615/269-1900
armer
ADDRESS 3401 West End Avenue Suite 260 Nashville, TN ZIP 37202
BENEFICIARY(IES) OF TRUST NSA PHONE NO.
ADDRESS ZIP
NAME OF APPLICANT VOLUNTEER CAPITAL CORPORATION PHONE NO. satte
(+ BILLING INFO)
ADDRESS satre ZIP saire
I (we) certify that all of the above statements and the sutements contained ' any pa rs or plans , b ' ted here t are we to the
best of my (our) knowledge and belief. V ITAL ON
3e!&
(Signature) Applicant Date (Signature) Applicant I S ATTORNEY Date
DO NOT wRITE EN THIS SPACE ••FOR OFFICE USE ONLY
Date Filed: April 14, 1995 Board of Trust. Referral: 4/2595 Staff Referral: 5/5/95
Notice Published: 5/10/95 New,p,per. The Daily era d
Duo Adj. Property Owners Notified: 5/10/95 Sutf Referral: 5 5 95
Public Hearin` Dates: Plan Canraission: 5/15/95 Zarin` Board: 6/6/95
Board of Trusws: 6/27/95 Board of Trustees: 7/11[95
(Approval of Ordnance)
FEE PAID: s 1,050.00 Receipt No. B8251 Received By; Gail Polanek
SIGNED • VIIIAGE CLERK: h44 Date: S— - 9S
0�3/ �oSv'co YDS/ IleIF
d�r�1 r'A/ ✓- � 5�
CHECK $ CHECKS $ CASH INV I DATE NAME G.L.ACCOUNT N DESCRIPTION
NUMBER
T
INVALID
VILLAGE OF OAK BROOK SIGNATURE
BUREAU OF INSPECTION B 8251
• .
� 1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
U
PHONE: (708) 990-3000
7iFaa�C
RETAIN THIS RECEIPT �I
FOR YOUR RECORDS �fosc
SAFEGUARD BUSINESS SYSTEMS
FIRST UNION NATIONAL BANK
TOTAL QUALITY MANAGEMENT INC. OF TENNESSEE 0 01317
NASHVILLE,TN 37219
DIB/A J.ALEXANDER'S RESTAURANT 87-5/640
P.O. BOX 24300
NASHVILLE,TN 37202 .
04/20/95 001317 $*******1050.00
1'AY One Thousand Fifty and 00/100 ---------------------------------------------------- dollars
VILLAGE OF OAK BROOK
TO THE
ORDER
OF "1 r
`1 AU'1'11 I%I!t)tiIGNA'1'I1KF:
11'00 3 1 711' 1:064000 0 S 91: 2 0 8 90 9 2 0 1112 3 6um
RIDER TO
VOIDNTEER CAPITAL CORPCRATICN's
APPLICATICN FCR PUBLIC HEARING
Names of Surrounding Property CAmers (within 2501)
P.I.N. Name and Address
06-23-101-011 State of Illinois
06-23-101-023 Miglin Beitler Development Inc.
c/o Iee Miglin
181 W. Madison #3900
Chicago, IL 60602
06-23-101-035 same as above
06-23-102-022 State of Illinois
06-23-102-032 Equity Real Estate Management
455 N. City Front Plaza #3200
Chicago, IL 60611
06-23-102-025 Oak Brook Bank Trust 2200
1400 W. 16th Street
Cak Brook, IL 60521
06-23-102-026 same as above
06-23-102-027 same as above
LORD, BISSELL & BROOK
IIs SOUTH LA SALLE STREET
CHICAGO, ILLINOIS 60603 LOS ANGELES OFFICE
300 SOUTH GRAND AVENUE,SUITE 3900
(312) 443-0700 LOS ANGELES,CALIFORNIA 90071-3200
1213)465-1500
CABLE: LOWIRCO CGO TELEX: I6-1135
TELEX: 25-3070 TELECOPY:12131 465-1200
TELECOPY: (312) 443-0570 ATLANTA OFFICE
ONE ATLANTIC CENTER
1201 W. PEACHTREE STREET,SUITE 3700
1100 Jorie Boulevard
ATLANTA,GEORGIA 30309
Suite 243 14041 670-4600
TELEX: 54-3707
TELECOPY:14041 67 2-5547
708/990-0561 Oak Brook, IL 60521
LONDON OFFICE
LLOYD'S,SUITE 995
I LIME STREET
LONDON EC3M 7DO ENGLAND
071-327-4534
TELECOPY 071-929-2250
April 14 , 1995
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60521
Att'n: Thomas Hawk
Director of Code Enforcement
Re: Zoning Requests of
Volunteer Capital Corporation
1410 - 16th Street
Dear Tom:
Filed herewith on behalf of my client, Volunteer
Capital Corporation, are the following materials:
1. Application for Text Amendment and Special Use for an
outdoor dining facility to be located on the existing
patio on the south side of the restaurant - (Original only)
2. Copy of Oakbrook Court Resubdivision Amended Plat - (4 copies)
3. Overall Site Plan for Lots 1 and 2 - (18 copies)
4. Portion of Zoning Ordinance - (18 copies)
5 . J. Alexander Site Plan - (18 copies)
6. Check in the amount of $1,050 to cover filing fees.
Sin rel yours,
David M. Gooder
DMG:pg
Encl Z)*
t .
EXHIBIT C
TO
VOLUNTEER CAPITAL CORPORATION'S
APPLICATION FOR PUBLIC HEARING
LEGAL DESCRIPTION:
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
IN DUPAGE COUNTY, ILLINOIS.
EXHIBIT C
. EXHIBIT B
to
VOLUNTEER CAPITAL CORPORATION'S
SPECIAL USE PERMIT APPLICATION
The Special Use .Permit requested shall be subject to the following
conditions:
1. Outdoor dining is permitted from May 1 through September 30
for each year this Special Use Permit is in effect in the
area . so designated on the proposed Exterior Patio Seating
Plan drawn by and dated
a copy of which is attached hereto and incorporated herein.
2. Said area shall be developed and used in substantial
conformity with said Exterior Patio Seating Plan and access
thereto shall be through J. Alexander' s Reataurant only.
3. The restaurant operator shall be responsible for maintaining
and cleaning the outdoor area.
4 . There shall be no music, dancing or other entertainment
offered within the outdoor dining area.
If the property owner fails to meet the conditions of this section,
upon written notice to the operator of the restaurant, then if such
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 nor effect.
EXHIBIT B
,� � '.v' .t/�.� � ri,��a' I � I ..\ ;.,C•w/'��-} 1 a ���\.!,J�( / � .�1.�,'��� 1
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l
Ordinance 95-ZO-TA-G-556
Amending Section VIII(C) (2)
Relative to Special Use in the
B-1 Local Shopping Center District
Page 2
Ayes: Trustees Bartecki, Kenny, McInerney and Savino
Nays: None
Absent: Trustees Payovich and Shumate
Abstain: None
APPROVED THIS 11th day of July, 1995.
Village President
• ATTEST:
Villa Clerk
Approved as to Form:
Village Attorney
Published 7-12-95 Pamphlet Form
Date Paper
Not Published