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S-1163 - 06/13/2006 - SUBDIVISION - OrdinancesORDINANCE 2006-SD-DP+CA-S-1163 AN ORDINANCE APPROVING DEVELOPMENT PLANS AND ISSUING A CERTIFICATE OF APPROPRIATENESS (York Tavern 3702 York Road, Oak Brook, Illinois - 06-36-402-001) WHEREAS, the owner of certain property described herein has petitioned the corporate authorities of the Village of Oak Brook, DuPage and Cook Counties, Illinois, for a Certificate of Appropriateness and provided the Village with plans for a certain development in the Historic Graue Mill Gateway Area, as more fully described in Section 4-D of this Ordinance (York Tavern Development Plans), under Section VIII -A of the Oak Brook Zoning Ordinance, Ordinance G-60, as amended; and WHEREAS, the public hearing on such petition has been conducted by the Plan Commission of the Village on May 15, 2006, pursuant to due and appropriate legal notice, and WHEREAS, after reviewing the York Tavern Development Plans, the Plan Commission recommended that such Plans be approved and that a Certificate of Appropriateness be issued subject to certain conditions, and WHEREAS, the corporate authorities of the Village of Oak Brook deem 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 OAKBROOK, DUPAGE AND COOK COUNTIES, ILLINOIS, as follows Section 1 The provisions of the preambles hereinabove set forth are hereby adopted as though fully set forth herein Section 2- Subject to the conditions set forth below, the York Tavern Development Plans are approved, as said Plans are appropriate to the development of the Historic Graue Mill Gateway Area, are consistent with the Area's historic nature, and meet the applicable standards set forth in Section VIII- A(F) of the Oak Brook Zoning Ordinance, Ordinance G-60, as amended. Section 3- Because the York Tavern Development Plans meet the intent and purpose of the Historic Graue Mill Gateway Area, a Certificate of Appropriateness is hereby issued, subject to the conditions set forth below Section 4 The approval of the York Tavern Development Plans and the issuance of a Certificate of Appropriateness are subject to the following conditions A The current policy towards establishing capacity based upon current adopted codes shall be maintained. B Parking shall be constructed as shown on the existing site plan C The applicant is encouraged to seek landmark status D The building alterations and addition shall be constructed in substantial conformance with the plans submitted and contained in the case file, including: Foodservice Equipment Plans approved by the DuPage County Health Department, dated April 20, 2006, page 6, Proposed Building Elevations, page O (concept plan) and page R (Sheet A-5, dated April 17, 2006), Landscape Plan, page Q, and Floor Plans, page S (Sheet A-4, dated April 17, 2006) Ordinance 2006-SD-DP+CA-S-1162 Approving Gateway Deve! Plan, Cert of Appropriateness — York Tavern, 3702 York Rd , Oak Brook, IL 06-36-402-001 Page 2 of 2 E The applicant shall obtain final Engineering Department and DuPage County Health Department approval. F There shall be compliance with the commitments made in the May 18 letter of the petitioner's counsel regarding construction of a bike path in a manner subject to engineering review and consideration of safety and other pertinent considerations. Section 5 The Certificate of Appropriateness herein issued pursuant to this ordinance is limited to the property located at 3702 York Road, which property is legally described as follows. LOT 5 IN WENNES SUBDIVISION OF PART OF THE SOUTH 1/2 OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 21, 1962, AS DOCUMENT 33493, IN DU PAGE COUNTY, ILLINOIS Section 6 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict Section 7 This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law APPROVED THIS 13th day of June, 2006 v Kevin inlan Villag,4 President PASSED THIS 13th day of June, 2006. Ayes Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf Nays- None Absent. None ATTEST rinaGonnella CMC ge Clerk .. ►s;�r r <,ti01 f� i' T *1 i D. Authorization to Seek Bids or Proposals or Negotiate Contracts: E. Budget Adjustments 1) Public Works — Postage/Business Forms 2) Library — Structural Improvements F. Treasurer's Report — April, 2006 G An Ordinance Authorizing the Sale, Donation or Disposal of Certain Items of Personal Property owned by the Village of Oak Brook 7. ITEMS REMOVED FROM CONSENT AGENDA 8. BOARD & COMMISSION RECOMMENDATIONS A Beard's Subdivision #2 — 3711 Madison, 403 Glendale & Vacant Land — Final Plat with Variations — 4 -Lot Subdivision 9 UNFINISHED BUSINESS A Confirmation of Appointments 0 Ordinances & Resolutions 1) An Ordinance Approving Development Plans and Issuing a Certificate of Appropriateness C. Award of Contracts D. Authorization to Seek Bids or Proposals or Negotiate Contracts• 1) Library HVAC Screening 2) Butler Government Center HVAC Screening/Relocation E. Discussion — Residential Scavenger Service continued from May 23, 2006 10 NEW BUSINESS A. Confirmation of Appointments B Ordinances & Resolutions 1) An Ordinance amending Title 4, Chapter 1, Section 8A of the Village Code of the Village of Oak Brook, Illinois Relative to the Number of Authorized Liquor Licenses - Nieman Marcus C. Award of Contracts 1) Cancellation of Landscape Services Contract and Award of Landscape Maintenance Services 2) High Volume Copier - West Wmg 3) Cart Path Paving 8. A Staff Comments: In response to the issues raised in the Zahran letter dated May 12, 2006, Village staff from the Community Development and Engineering Department's could not locate any documents that would support the existence of any covenants that would be in conflict with the proposed resubdivision. In addition, Ken Beard's surveyor Mr. Gil Evans (Bollinger, Lach & Associates) has provided information that he obtained from the Title Commitments for the subject properties that contain no information that can support the issues alluded to in the Zahran letter. A suggestion was made to change the configuration so that the front yard, for setback reasons, be located on the west side. The petitioner, his engineer and surveyor responded that the configuration was designed in order to be in keeping with the current look of the neighborhood and because of how the driveway came into the lot. It was believed that the division and realignment were addressed in order to minimize the concerns of surrounding residents. The resident who raised the issue, Mr. Zubi, spoke to his concerns. His concern was related to the trees that buffered his home from the new lot and the probability that they would be destroyed during construction of a new home. Motion by Trustee Kennedy, seconded by Trustee Yusuf, to concur with the Plan Commission recommendation to approve the Beard's Resubdivision No 2 and requested variations and waivers to the Subdivision Regulations and authorize the Village Attorney to prepare the necessary resolution for adoption at the June 27, 2006 Village Board Meeting. ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Craig, Kennedy, Manofsky and Sanford. Nays: 1 - Trustee Yusuf. Absent: 0 - None. Motion carried. Trustee Manofsky abstained from the vote. An abstention becomes part of the prevailing vote. (9 UNFINISHED BUSINESS A. CONFIRMATION OF APPOINTMENTS — None presented. aORDINANCES & RESOLUTIONS 1) AN ORDINANCE APPROVING DEVELOPMENT PLANS AND ISSUING A CERTIFICATE OF APPROPRIATENESS This Ordinance approves development plans and authorizes issuance of a Certificate of Appropriateness for the York Tavern in the Historic Graue Mill Gateway Area, pursuant to the recommendation of the Plan Commission at its May 15, 2006 meeting, with an additional condition requiring compliance with the commitments made by the petitioner's counsel in his May 18 letter, as proposed by Trustee Kennedy and approved by the Board on May 23, 2006. VILLAGE OF OAK BROOK Minutes Page 4 of 13 June 13, 2006 9. B 1) Motion by Trustee Kennedy, seconded by Trustee Yusuf, for passage of Ordinance S-1163, "An Ordinance Approving Development Plans and Issuing a Certificate of Appropriateness" (York Tavern: 3702 York Road). ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays- 0 - None. Absent: 0 - None Motion carried. C AWARD OF CONTRACTS 1) LIBRARY HVAC SCREENING At the January 23rd Committee -of -the -Whole meeting, the Board consensus was to have Legat Architects proceed with a final design for screening of the Library's roof top HVAC unit and present same at a future meeting. Recommendation: That Legat's final design is approved and that staff be authorized to proceed with obtaining competitive bids. Once bids are received, the item will be brought back for Village Board consideration. Motion by Trustee Aktipis, seconded by Trustee Kennedy, that the Library roof- top HVAC screening design, as submitted by Legat Architects, is accepted and that staff are authorized to proceed with obtaining competitive bids for the installation of same. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf. Nays: 0 - None. Absent: 0 - None. Motion carried. 2) BUTLER GOVERNMENT CENTER HVAC SCREENING/RELOCATION At the January 23rd Committee -of -the -Whole meeting, staff was instructed to explore the feasibility of relocating the Village Hall east -side HVAC units thus negating the need for extensive screening. Staff contracted with Metro Design and it was their opinion that the units could in fact be relocated to the area referred to as the courtyard. Metro Design also estimated the cost to undertake said work and after staff assigned additional costs that would be associated with the relocation, notified the Board of same via the Manager's Weekly Memorandum of March 24, 2006. Since that time, other alternatives/locations for the HVAC units have surfaced VILLAGE OF OAK BROOK Minutes Page 5 of 13 June 13, 2006 MrY MAL L06A WN of WATER wrtH THE VUA66 OF OAX MOOR WATER -WATER— vv en --n- ------Court►a" M�ALOWCAAMRWN OF S'ATN(U63Rl 5eM 0A)WAMMT WZXAMm C*7ft0323-4236C* �cl ' r 366.25353,37' CteOwN Z7O 12.88' h ( / �' / yDp" w CHAAve To OX6TM 61PIAPE 684 ...... .. .. J.U.L.I.E. Cs MICate OtAnWVWAWA is Prot an AqWnst ln*Wwm Vft UrAsigmuid Pubk Ullty F*dM" am" or DOW wwk Mlldaq jncrsftt._fta[__2_ WIN" M~ M— ...... aiwr ATaTQMw mod 41 fAmmom WNW ma 7712'.'6'rx2'ChWh (134), SmwFmwdGrpwjdSlVw4h9'Eppv &0' low RabodP* 4ftWMA"WLMMFOr (Ywkravwx), 3, N P Eppw A 3"Law AdmdArbo Vroom A"WL*Mrj & Mmbffxfor (JM YGP*Rodd). -z $0 byw A%V 4• Carver ve* Ls 6r. & E wood Cc m ma Fa wo "M To Dr CA AIM *0 t. %ftwft O—mww. Nww CALL JULIE 1800 M-0123 MOM AVW SANTARY SWMV 6, Pw OR 26 ®10 2 SLIOPV 654.0 aZAtkXr 1653.0 "I LE SIS fl) 6A TV VW.4 oc A40 VALLr ri., 06, z 10-- I 0 —A�ko NO co www 00 6RCLPD 546N NO C To CX14TM )N IN5 AREA AMO LOT64 PARKOMO-7 P 0 / /� / / 10 WOE OF PAWMIK fill, N I %j ffil/ /1®R, JUN -18-1998 17:02 FR01 LElTZB| AGB4CY lNC TO 1630990QEm: 76 P. (-711 TOTAL P.01 ATE (MMAD 06 18 98 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Leitzen Agency, Inc. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE P.O. Box 320 COMPANY Heyworth, IL 61745 A ICW GROUP/VARK UNDERWRITERS AGENCY INSURED COMPANY YORK TAVERN B COMPANY YORK AT SALT CREEK TAVERN INC DBA 3702 YORK RD C OAK BROOK, IL 60521 COMPANY THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITICN OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIL) CLAIMS. 001 LTR TYPE OF INSURANCE POLICY NUMBER POUCYIEFIFECTIVE DATE (MMIDDft-Y) POUCYEXPIRATION DATF(MWDID" Umffs 13ENERAL LIABILITY GENERAL AGGREGATE $1,000, 000 A I OCCUR PERSONAL ADV INJURY $ 500, 000 FIRE DAMAGE (Any one Pro) $ 100, 000 AUTOMOBILE LIABILITY ANYAUTO COMBINED SINGLE LIMIT s WOVILY INJURY (Per perBon) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accicleno HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE s 43AAAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE S EXCESS LIABILITY EACH RRENCE $ AGGREGATE UMBRELLA FORM OTHER THAN UMBRELLA FORM WOAKERS COMPENSATION AND EMPLOYERS' LIABILITY T7SrA Ry UA EL EACH ACCIDENT $ OTHER DESCRIPTION OF OPEFtAnoms/Lor-ATIONGNEHICLES/SPECIAL ITEMS TAVERN FAX # 630-990-0876 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 1200 OAK BROOK ID mys wRrn-Ex NOME TO THE CIERTIRCATE HOLDER NAMED TO THE LEFT, OAK BROOK IL 60521 BUT FAILURE TO MAIL SUCH NOTICI�SMAUL IMPOSE NO OBUQATION OR LIABILITY TOTAL P.01 ACORDL PRODUCER. ............... Leitzen Agency, Inc. P.O. Box 320 He orth, IL 61745 INSURED YORK TAVERN YORK AT SALT CREEK TAVERN INC D 3702 YORK RD OAK BROOK, IL 60521 COMPANY A ILLINOIS CASUALTY COMPANY COMPANY B COMPANY C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY)CO I LIMITS GENERAL LIABILITY COMMERCIAL GENERAL UABIUTY FCLAIMS MADE � OCCUR OWNER'S & CONTRACTOR'S PROT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ PERSONAL & ADV INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) S COMBINED SINGLE LIMIT 1 $ BODILY INJURYI $ (Per person) BODILY INJURYI $ (Per accident) PROPERTY DAMAGE I $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS TAVERN VILLAGE OF OAK BROOK 1200 OAK BROOK OAK BROOK IL 60521 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SH NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE R REPRESENTATIVES. AUTHORIZED REPRESENTATIV _ _ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE $ AGGREGATE $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE OFFICERS ARE: R EXCL WCSTATU-OTH TORY LIMITS ER_ EL EACH ACCIDENT $ EL DISEASE - POLICY LIMIT S EL DISEASE - EA EMPLOYEE 1 $ A OTHER LIQUOR LIABILTY LL65452 LL65452 5/04/98 7/01/98 07/01/98 07/01/99 CSL 1,000,000 CSL 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS TAVERN VILLAGE OF OAK BROOK 1200 OAK BROOK OAK BROOK IL 60521 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SH NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE R REPRESENTATIVES. AUTHORIZED REPRESENTATIV _ _ VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 654-2220 May 1, 1986 TO: Managers All Places of Assembly FROM: Lt. Robert Nielsen SUBJECT: "Occupant Load" Card Posting Pursuant to the Fire Prevention Code of the Village of Oak Brook, Sect. 27.11, your facility is required to posted with an "Occupant Card," stating the maximum number of occupants permitted. This figure is determined utilizing one of two calculations. These calculations are: 7 square feet, net, per person: concentrated use without fixed seating. 15 square feet, net, per person: less concentrated use, such as dining rooms, lounge, etc. Utilizing these figures, the Occupant Load for the Assembly area of your facility has been calculated. Your total Occupant Load is: 54 Pursuant to Sect. 27.11, of the Village Fire Prevention Code, you are directed to post the attached "Occupant Load" card in a conspicuous space in the public area of the facility. If you do not agree with this number, you may feel free to contact my office to ascertain its calculation. I am sure that you will agree that any severe overcrowding in a Place of Assembly poses a distinct panic threat to the occupants. Keeping this number at a level that will prevent panic is in the best interest of both your facility and your customers. We thank you and your facility for cooperation,in this vital matter. Sincerely, Lt. Robert Nielsen, Director Bureau of Fire Prevention cc.: File 1 a4 I t - OCCUPANCY BY MORE THAN C q 'DrRSONS mmmm� Ic DANGER AW 'now S AND IN VIOLATION Of THE FIRE PREVENTION CODE OF 7HlE VIIIAGE OF OAK BROOx BUREAU Of FIRE PREVEN71ON OA X BROOK FIRE DEPART MEN7 Ve_"T Flow nn, . Qtv. Size Common Name ID*ciduous T 4c� Common Name 56�, GMAC Rides egmvm'Gmen Movrq' 10 JG.l Green Mound ftp Conant RO Ouercusnmra 3 J' Red Ona ON N e equerpldb 6 JG.1 0.kk. drangea SWO Quercus drmb- I ] Bicep VMde Oak MV Vidvmum lenlana'Modican' 6 J' Nonran Vdurnum CLS Rnus emmuKe '._[ 16 3G., G,,—S.— oty.Sine CBR EwnYmus aletus'Cwnpecb < 7' CprbaU Burni Busn $B Amelancnrer carieda.niis I . 5^,aCdbw SemCeder AM 1iyNarryae arda.xent'MnedWa 9 )Gal AnnadalbM ra a NAW raraepus wspah ver urerm,s J fi' Tmm�bea CocJupurla.Mtlpn RTD Cornus serrpe'AWmen a Sal Nkm.n's Rb GD Caput oras J 3' Comalwcn.r SS Rnus va 18rpnrab' 7 1 T IC M st Swore Eve reap Shru Size Common Nam. I Dr taus, rmdw'Oenvldmus 3 2a' Dema Yaw v reen Tme GSJ Junrpsrus rnmrrvt ru serpent IB J Gal Green 5a enl Juniper NS Ptae Dares J .' Now Spun NS Pe eo,as 7 la Npw Space Omamentai r s a Name ws aglavice 2 12' Nowa Sputa PMfi a15ce+fnus vrwnvs Puryvsscv to 2G.1 Puryb Ma_en Grass WP Porus srmous 1 Y WnC. Pine FG Pomtalun abpecvrdides 3 3Gal Fow .n Grass VIP Fbus vmdus 2 to Wnae Prro SSG Prxcwn wyarum 'SMnerWoen' 10 2G.1 rondo 5ne an 5ii+nt�Grats WP P 3 'r NTaa Pro c05 Pweeurgens ver yleuce 3 a' Co.-. Give Splum nnisb Size Common Nam ARB to 3 3' r.[ne A nrtae — SDD abmem 1 S.— 26 1 Gal S— 00'. Da sl Grountlew Size Com n Name � - Bis s.me trwams'ue r AJS Sedwn sPe[ladde'Autumn JPy A 1 Ger 2. 1G., w n t same A.—NI,Sedum VM mnro-na-Ys eWe voice I.en J' D.Tt aloe Verr«inx,e W r, CAT naple. laessenv WenWS Low' 13 I— calmim BES Ruddecxia lurryda'Gddsnum' 17 1 Gal BbQ E Susan Ye • PC Fcdmacea Pvrpuma'Mapnus' WPA ASNr. dumosus WOMS Pmk' 11 'Gal a ,Gal Puryb Cq 11— Wood'S Pink J _ weA Airer t d.mdil,i wddas B1ae .c Co.amvt vert;clleta Mwndsam' „ ,cal . 1-1am woods 81- veMe Moonde.m Coraopis ' 'y :� 'E~r`•"r � _- `,...\ 1 � r �' - --1--- 14 ' t ! I 4 4wblger ,�Ep— �� QA IiC i 1 M*T -LAS I-.r✓r�rt�P U!-I�sTl�i� P+•� t.�,� I,�i�-� s W _vim r5n a -L-5 o� fWA � -`Ir ; t-MUV 1!I.4�slwiC ¢�arph (:,tie rat s c AI i i 4j•PN� � \ 4c� 56�, _ .._4. fH&j 5+5 • lf+Ac� petit) -- - –115 CIO') w'�'sltA�t 3•oµ l ,6 (e) Landscape Plan 1,8r. - rr-on Verily with electrical —trfinal location ojgroand sign and pier morin( caa.'h lights with Land—ping E ■ Sneer A_Z PAGE CONTENTS 0 INDEX • YORK TAVERN 3702 YORK TAVERN CERTIFICATE OFAPPROPRIATENESS 17-17.b Memorandum from Director of Community Development Kallien - Village Board Agenda dated May 23, 2006 16-16.a Letter from Water O'Brien re: Bike Path dated May 18, 2006 15-15.d Pictures of the Existing York Tavern Property 14-14.b Recommendation Letter from Plan Commission to Village Board dated May 17, 2006 13-13.h Plan Commission Meeting Minutes dated May 15, 2006 12-12.a Framework for Proposed Recommendation from Director of Community Development dated May 12, 2006 11-11.e Staff Report from Director of Community Development Kallien to Plan Commission dated May 10, 2006 10 Memorandum from Village Engineer Durfey re: Detention Requirements 9 Forest Preserve District of DuPage County letter dated May 11, 2006 8 Letter of Support from the Oak Brook Historical Society dated May 6, 2006 7 DuPage County Health Dept Approval of Plans dated April 20, 2006 6 Plans Approved by DuPage County Health Dept. dated April 20, 2006 5 Resident Letter dated April 25, 2006 4 Certificate of Publication — Plan Commission Public Hearing dated April 25, 2006 3-3.b Letter from Attorney O'Brien re: Meeting with the Residents and List of Residents Contacted dated April 25, 2006 2-2.a Referral Memo to Village Board - Agenda Dated April 25, 2006 1-1d Certificate of Appropriateness, Zoning Ordinance, Title 13, Chapter 8 Section 6 through 11 ************************************* A Petition Application — Certificate of Appropriateness B -B.1 Letter of Explanation C -C.1 Letter from Attorney O'Brien re: Health Dept. Deadline dated March 14, 2006 D Response to Gateway Development Plan Standards — Section 13-8-7 and 13-8-8 E -E.1 Letter from Restoration Architect, LZT /Filiung re: Restoration/Expansion of York Tavern Dated April 11, 2006 F -F.1 DuPage County Health Dept Letter re: Expiration of Conditional Permit dated February 27, 2006 G -G.2 DuPage County Health Dept Preliminary Plan Approval and Plans Subject to Correction H -H.1 Surrounding Property Owners List I Fee/Receipt J Subject Property Verification and Legal Description K Certification L Copy of General Permit Application M Ground Sign Details N -N.1 Existing Building Elevations 0-0.2 Proposed Building Elevation Views P Site Plan dated April 17, 2006 (Included — Not Attached) Q Color Landscape Plans (Included — Not Attached) R Elevations (included — Not Attached) S Floor Plans (Included — Not Attached) T Topographic Survey (Included — Not Attached) U Plat of Survey — Key Files Only • saw AGENDA ITEM Regular Board of Trustees Meeting of May 23, 2006 SUBJECT: York Tavern - 3702 York Road — Certificate of Appropriateness — Historic Graue Gateway Area FROM: Robert L. Kallien, Jr., AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTIONS: — I move to concur with the recommendation from the Plan Commission and approve the request for a certificate of appropriateness to permit the expansion of the York Tavern and related site improvements authorize the Village Attorney to draft the necessary ordinance for final consideration at the June 13, 2006 Board of Trustees meeting. Background/History: At its meeting on May 15, 2006, the Plan Commission completed its review and deliberation on an application from Vito, Marianna and Pasquale Moreci, the owners of the York Tavern located at 3702 York Road for a building permit as well as an application and all required supporting documents seeking approval of a Certificate of Appropriateness in the Historic Graue Mill Gateway Area in order to modify the existing building by adding approximately 1100 sq. ft. and making interior modifications to address issues raised by the DuPage County Health Department and to come into compliance with the requirements of the Americans with Disabilities Act (ADA). The York Tavern structure has existed since 1843 at its present location and encompasses approximately 1055 square feet. Because the tavern use has existed prior to the incorporation of Oak Brook and adoption of the current zoning provisions for the property, the subject property is classified as a legal nonconforming use under Chapter 13 of the Zoning Ordinance. Normally, any modification to a nonconforming use is limited to ordinary repairs and alterations, which do not involve an expansion of the nonconforming nature of the use. However, in Section 13-13-2; Last saved by GPOLANEK I:\ComDev\GPOLANEK\l-FROM BOB\Bot - PC - ZBA\BOT-Rec-York Tavern-CertAppr-2006.doc /I • • "Repairs And Alterations: Ordinary repairs and alterations may be made to a nonconforming building or structure, provided that no structural alterations shall be made in or to such building or structure, all of which is designed or intended for a use not permitted in the district in which it is located, except those required by law, or except to make the building or structure and use thereof conform to the regulations of the district in which it is located." As such, the proposed building alterations and addition is in response to issues raised by other governmental entities, specifically DuPage County Health Department and the State of Illinois Americans with Disabilities Act (ADA). Mr. Vito Moreci, the owner of the York Tavern located at 3702 York Road has submitted an application and required supporting documents seeking approval of a Certificate of Appropriateness in the Historic Graue Mill Gateway Area in order to modify the existing building to address issues raised by the DuPage County Health Department and to come into compliance with the requirements of the Americans with Disabilities Act (ADA). Recommendation By a vote of 7 to 0, the Plan Commission recommended approval of the petitioner's request for the issuance of a Certificate of Appropriateness in the Historic Graue Mill Gateway Area subject to the following conditions: 1. Maintain the current policy towards establishing capacity based upon current adopted codes; 2. Parking to be constructed as shown on the existing site plan; 3. The applicant is encouraged to seek landmark status; 4. To be constructed in substantial conformance with the plans submitted and contained in the case file, including: Foodservice Equipment Plans approved by the DuPage County Health Department dated April 20, 2006 on page 6; Proposed building elevations on pages O (concept plan) and R (Sheet A-5, dated April 17, 2006); Site Plan dated April 17, 2006 on page P (Sheet A-1, dated April 17, 2006); Landscape Plan page Q; and Floor Plans on page S (Sheet A-4, dated April 17, 2006). 5. Final Engineering and DuPage County Health Department approval. In making the recommendation, the Plan Commission found that: 1. The York Tavern structure has existed since the mid 1840's at its present location. The existing building encompasses approximately 1055 square feet. 2. Even though the tavern use has existed prior to the incorporation of Oak Brook and adoption of the current zoning provisions for the property, the subject property is zoned R-2 Single -Family Detached Residence District and is classified as a legal nonconforming use under Chapter 13 of the Zoning Ordinance. 3. Normally, any modification to a nonconforming use is limited to ordinary repairs and alterations, which do not involve an expansion of the nonconforming nature of the use. Last saved by GPOLANEK I:\ComDev\GPOLANEK\l-FROM BOB\Bot - PC - ZBA\BOT-Rec-York Tavern-CertAppr-2006.doc /10, 4. However, Section 13-13-2 of the Zoning Ordinance states: "Ordinary repairs and alterations may be made to a nonconforming building or structure, provided that no structural alterations shall be made in or to such building or structure, all of which is designed or intended for a use not permitted in the district in which it is located, except those required by law, or except to make the building or structure and use thereof conform to the regulations of the district in which it is located." Therefore, the proposed modifications to the building addresses issues raised by the DuPage County Health Department and to also come into compliance with requirements of the Americans with Disabilities Act (ADA). Without these building improvements, the DuPage County Health Department has stated in writing that, "they will not have a valid permit to serve food or beverages and must cease operations." 5. In accordance to Section 13-8-3 of the Zoning Ordinance, the applicant has submitted all documents and information to satisfy the Gateway Development Plan requirements, which must be included in the application for a certificate of appropriateness. 6. The plans that have been submitted for this request have been reviewed and approved by the DuPage County Health Department. 7. The plans have also been reviewed and approved by the Oak Brook Historical Society as well as the LZT/Filiung Architects, an architectural firm who has experience in working with historical structures. 8. The proposed interior modifications will include improvements that relate to the Village's life safety and building codes that enhance the public, health, safety and welfare of those persons who work and visit the York Tavern facility. 9. The proposed building elevations and site improvements appear to be consistent with the Graue Mill Gateway area and historical area that is adjacent to the York Tavern property. 10. Even though the building will be physically improved, the integrity of the residential zoning of the area has not been compromised. Staff Comments In addition to the issues raised by the Plan Commission as part of their deliberations on the Certificate of Appropriateness, Staff has received several comments relative to the potential opportunity to locate a bike path on the west side of York Road as part of the planned improvements to the York Tavern property. These comments have been communicated with the applicant and his Attorney. Please see the attached response from Attorney Walter J. O'Brien. In addition, one of the conditions attached to the recommendation from the Plan Commission was final engineering approval. To comply with the Village's engineering standards for parking lots, specifically stall dimensions and drive aisle location/spacing, the paved parking area will need to be increased by several feet in some specific locations including the west edge of the lot. Finally, a couple of individuals (Audrey Muschler and Jean Follett) who spoke on the matter, requested that the Village Board consider adding language to the Village Code that would permit the reconstruction of the York Tavern if ever destroyed. Such a provision could also be extended to the other historic structures in the Graue Mill area. X7.6 Last saved by GPOLANEK I:\ComDev\GPOLANEK\i-FROM BOB\Bot - PC - ZBA\BOT-Rec-York Tavern-CertAppr-2006.doc • LAW OFFICES OF O'BRIEN & ASSOCIATES, P.C. 1900 SPRING ROAD, SUITE 501 OAK BROOK, ILLINOIS 60523 Mr. Robert Kallien Director of Community Development Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Dear Mr. Kallien: • TELEPHONE (630)832-6000 FACszmz (630) 684-0243 &MAIL May 18, 2006 OBRIENLAW@MSN.COM In re: Application for Certificate of Appropriateness for the York Tavern This letter is written on behalf of our clients, the Moreci family, regarding a question brought up after the close of the Public Hearing held Monday night, May 15, 2006. Trustee Kennedy inquired whether or not our clients would contribute toward the cost of the installation of a bike path contiguous to their East property line. They agree to this on the following conditions: 1. The bike path is constructed adjacent or close to our clients' East property line but entirely within the Right of Way for York Road and not over their property. 2. That the Village Engineer issue specifications for the work to be completed so that my clients can have the bike path bid out as an extra to the cost of paving the parking lot on their property. 3. Our clients' paving contractor is allowed, if possible, to install the bike path at the time the parking lot is paved. 4. The Village obtains the permission of the County to build within the Right of Way for York Road and evidence said permission to our office on or before our clients complete the installation of their parking lot on the York Tavern property. 5. In the event that permission to build the bike path within the Right of Way is not granted before our clients' paving contractor completes the parking lot; our clients will only be responsible for reimbursing the Village up to, but not exceeding, the cost set forth on their contractor's bid for this work. This obligation for our clients to reimburse the Village shall terminate within one year of the date of issuance of the Village's building permit to our clients for the construction of the alterations to the York Tavern. 14• • • 6. Assuming the bike path is constructed by either our clients' or the Village's contractor, the Village shall be solely responsible for the maintenance or removal of the bike path, if and when required. The Village, at its cost, will install stop signs on the bike path on either side of the driveway serving our clients' property. After having said all that, I visited the site this morning and have some personal comments regarding this request. Mr. Durfey has said that to build the bike path in the Right of Way would require that the existing trees in the Right of Way would have to be removed and the path would have to be cut into about a six (6) foot drop-off. After my observation of the site, I respectfully disagree. If the you and the Board will review the survey and the pictures that I am e -mailing to you, you will notice that the drop-off is close to the roadway, where the trees and power lines are located. However, west of the trees and drop-off, along my clients' East property line there is a wide open space for the installation of the path directly over the abandoned cistern located in the Right of Way. True, bikers would have to peddle up hill and down again, but this little extra exercise should not be a burden. However, and most importantly, if the Board does require my clients to pay for this bike path, I have to ask - "Why"? This new path would not connect to any existing bike path to the North of my clients' property. The existing bike trail, going over the bridge crossing Ginger Creek, now naturally flows into the pathway running through the Forest Preserve. If we were to extend it north it would send riders either onto York Road, a dangerous situation, or onto Wennes Court through the residential area with nowhere to go. Please present this letter agreement to the Village Board for inclusion in the President's and the Trustees' information packages for the meeting scheduled for next Tuesday, May 23, 2006. If there is anything additional you require please phone me at your convenience. Lastly, and on behalf of myself and our clients, I want to personally thank you and Ken Kubiesa for your cooperation and guidance through this very unusual process. We truly appreciate it. Very truly yours, O'Brien & Associates, P.C. By: )Walter J. O' rien II WJO'B:ss cc: President Quinlan and the Board of Trustees Mr. and Mrs. Vito Moreci Mr. Pasquale Moreci Mr. Frank Lucchese Mr. Kenneth Kubiesa Mr. Dale Durfey y�,{Z d- *. � f r ' 3 s.Y .'Y rs. r �s �'`7�e—rr � ♦ S . - � '+�t� �' � t, • A t ♦3'a, �wM fig• '� l�. - •: "W'"�:^ � 1 d `� ,�,% � '. t.:;=�- r ; " t7f' 1 fi ssy f . S ,.� p ♦ 1 ily , 'r..: 'Ct - - •- - Y _ ♦T, t11 'il 'is + .r{ _ at_F ,. 1. iii � � � -�" �.�. y- .. }�'r T _ Y v., `$ �' 9 �`11'�� .iJ; " F ialf - ,1�♦ / rJ.\ � t r'� t1"`�.a8` �' _ �, _...L • ¢ • t - � j 1;�1� �i�y��R �� t�� l •�� iit• g�� F � - �'' .-.' r�'yt{,_ k'�'.. _.e!!k� it�\ �, �, �\ - a� \C' � _1 _ j'`� �- f� f -• _ r ? c. �` is -�+\iS � 3r ' 4 7 • �� -1 • a '�' rpt' 0 1t�� :��. , ,♦ti; i `' ... :�- - Ny 51, NO At 7-1 -18 'us • � 4 � - Y -+' y ��1 .�� `jai yJ :�I � ;�•,}\ `F jy��y�j �]t [�.4 �v . `t� .. �? 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't1 �•+� ?r�i °fit'• > ' ��g;t s a 51. i � , __ "•�:°� .. � , '",fir � � �. >i �i'' ��r':�,,� _ #�`.- -K ,fig.: `.•.:+Ca�,,,'k `. ?�v_ + F WenneS Ct Vp 9 n a ' a z> s ?sR��r a�„Sak �~„vim fi S F- �`fiYu _. ___— __.._ ✓�X a .3 _ �� n. ',17 i5 - �!.Z+�•• Fir r ter°F � �,•r,� q i.F`' '. �`�' .�Y°�. d '7 1r iw. t , } A �- _dry � �i - 4 i°,$ �' ,v� �d''S .'i "�" 1 iti :YF i� &v r 4 •4, w 4 _ I vti K + 6�Of 04 Q' e9 � o e G o May 17, 2006 9C�00UNT4 ' Village President Quinlan and Board of Trustees Village of Village of Oak Brook Oak Brook 1200 Oak Brook Road 1200 Oak Brook Road Oak Brook, IL 60523 Oak Brook,IL 60523-2255 Website SUBJECT: York Tavern—3702 York Road—Certificate of Appropriateness www.oak-brook.org Administration Dear President Quinlan and Board of Trustees: 630.990.3000 FAX 630.990.0876 Background Community At its meetings on May 15, 2006, the Plan Commission completed its review and Development deliberation on an application from Vito, Marianna and Pasquale Moreci, the 630.990.3045 owners of the York Tavern located at 3702 York Road for a building permit as FAX 630.990.3985 well as an application and all required supporting documents seeking approval of Engineering a Certificate of Appropriateness in the Historic Graue Mill Gateway Area in order Department to modify the existing building by adding approximately 1100 square feet and 630.990.3010 making interior modifications to address issues raised by the DuPage County FAX 630.990.3985 Health Department and to come into compliance with the requirements of the Fire Department Americans with Disabilities Act(ADA). 630.990.3040 FAX 630.990.2392 The York Tavern structure has existed since the mid 1840's at its present location. The existing building encompasses approximately 1055 square feet. Because the Police Department tavern use has existed prior to the incorporation of Oak Brook and adoption of the 630.990.2358 p � p FAX 630.990.7484 current zoning provisions for the property, the subject property is classified as a legal nonconforming use under Chapter 13 of the Zoning Ordinance. Normally, Public Works any modification to a nonconforming use is limited to ordinary repairs and Department 630.990.3044 alterations, which do not involve an expansion of the nonconforming nature of the FAX 630.472.0223 use. However, in Sec+',)n 13-13-2; Oak Brook "Repairs And Alterations: Ordinary repairs and alterations may be Public Library made to a nonconforming building or structure, provided that no structural alterations shall be made in or to such building or 600 Oak Brook Road structure, all of which is designed or intended for a use not Oak Brook,IL 60523-2200 630.990.2222 permitted in the district in which it is located, except those required FAX 630.990.4509 by law, or except to make the building or structure and use thereof conform to the regulations of the district in which it is located." Oak Brook Sports Core As such, the proposed building alterations and addition is in response to issues Bath&Tennis Club 700 Oak Brook Road raised by other governmental entities, specifically the DuPa e County Health Oak Brook, IL 60523-4600 Department and the State of Illinois Americans with Disabilities Act (ADA). 630.990.3020 FAX 630.990.1002 The applicant has provided information that details how the proposed addition Golf Club and site improvements meet the requirements for approval of a certificate of 2606 York Road appropriateness. Oak Brook,IL 60523-4602 630.990.3032 FAX 630.990.0245 r Public Comment All interested parties were notified of the public hearing. Several neighboring property owners attended the hearing and provided comments and testimony on issues relative to the proposed plan for the York Tavern. Plan Commission Discussion There was a discussion regarding whether the expansion was larger than required. Contained in the case file is a letter from the DuPage County Health Department stating that the proposal has been approved and has met their minimum requirements. It was also noted that any further changes to that approved plan would require an advance review by the Health Department. The Health Department was made aware of the intricacies of providing a minimum expansion to address the food items prepared/served at this location. I With regards to the building addition, there is a sense of scale that needs to be looked at too; in terms of whether the addition fits in with the overall scale of the building. The footprint of the building shows that symmetry has been provided. It does meet the County requirements and does fit in aesthetically, with what exists, which is one of the requirements of the Graue Mill Gateway requirements and it appears that they have satisfied that requirement. Recommendation By a vote of 7 to 0, the Plan Commission recommended approval of the petitioner's request for the issuance of a Certificate of Appropriateness in the Historic Graue Mill Gateway Area. This will allow for the issuance of the building permit to allow the construction that will increase the size of the existing building approximately 1100 square feet, and to meet the interior and exterior building alterations as required by the DuPage County Health Department and improvements to the physical appearance of the site. The recommendation is subject to the following conditions: 1. Maintain the current policy towards establishing capacity based upon current adopted codes; 2. Parking to be constructed as shown on the existing site plan; 3. The applicant is encouraged to seek landmark status; 4. To be constructed in substantial conformance with the plans submitted and contained in the case file, including: Foodservice Equipment Plans approved by the DuPage County Health Department dated April 20, 2006 on page 6; Proposed building elevations on pages O (concept plan) and R(Sheet A-5, dated April 17, 2006); Site Plan dated April 17, 2006 on page P (Sheet A-1, dated April 17, 2006); Landscape Plan page Q; and Floor Plans on page S (Sheet A-4, dated April 17, 2006). 5. Final Engineering and DuPage County Health Department approval. In making the recommendation, the Plan Commission found that: 1. The York Tavern structure has existed since the mid 1840's at its present location. The existing building encompasses approximately 1055 square feet. 2. Even though the tavern use has existed prior to the incorporation of Oak Brook and adoption of the current zoning provisions for the property, the subject property is zoned R-2 Single-Family Detached Residence District and is classified as a legal nonconforming use under Chapter 13 of the Zoning Ordinance. r 3. Normally, any modification to a nonconforming use is limited to ordinary repairs and alterations,which do not involve an expansion of the nonconforming nature of the use. 4. However, Section 13-13-2 of the Zoning Ordinance states: "Ordinary repairs and alterations may be made to a nonconforming building or structure, provided that no structural alterations shall be made in or to such building or structure, all of which is designed or intended for a use not permitted in the district in which it is located, except those required by law, or except to make the building or structure and use thereof conform to the regulations of the district in which it is located." Therefore, the proposed modifications to the building addresses issues raised by the DuPage County Health Department and to also come into compliance with requirements of the Americans with Disabilities Act (ADA). Without these building improvements, the DuPage County Health Department has stated in writing that, "they will not have a valid permit to serve food or beverages and must cease operations." 5. In accordance to Section 13-8-3 of the Zoning Ordinance, the applicant has submitted all documents and information to satisfy the Gateway Development Plan requirements, which must be included in the application for a certificate of appropriateness. 6. The plans that have been submitted for this request have been reviewed and approved by the DuPage County Health Department. 7. The plans have also been reviewed and approved by the Oak Brook Historical Society as well as the LZT/Filiung Architects, an architectural firm who has experience in working with historical structures. 8. The proposed interior modifications will include improvements that relate to the Village's life safety and building codes that enhance the public, health, safety and welfare of those persons who work and visit the York Tavern facility. 9. The proposed building elevations and site improvements appear to be consistent with the Graue Mill Gateway area and historical area that is adjacent to the York Tavern property. 10. Even though the building will be physically improved, the integrity of the residential zoning of the area has not been compromised. 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 ��fr6 5. N NEW BUSINESS NEW BUSINESS B YORK TAVERN — 3702 YORK ROAD — CERTIFICATE OF YORK TAVERN -3702 YORK- APPROPRIATENESS —TO ALLOW THE EXPANSION OF THE KITCHEN CERTIFICATE TO MEET CURRENT MINIMUM HEALTH DEPARTMENT OF REQUIREMENTS AND THE AMERICAN WITH DISABILITIES ACT ESSROPRIATEN ADA Director of Community Development Kallien provided a review of the request. York Tavern is on approximately 1.75 acres and is zoned R-2, which is a Single- Family Residence District with a minimum 1-acre lot size. The York Tavern significantly predates the Village of Oak Brook and its zoning. The Zoning Ordinance was adopted in 1966 and the property easily predates it by over 100 years. The DuPage County Health Department, which has a responsibility to protect the public health, safety and welfare of the residents and patrons relative to food safety has provided in letter form, some directives for the owner to adhere to and if these issued are not reconciled, they will lose the ability to continue business as it exists. There are underlying setbacks that affect the property. York Road has a 100- foot setback, which is measured by the centerline of the road. The applicant has addressed that by proposing an addition that does not encroach into that area. In his opinion, the 100-foot setback becomes moot. The issue of nonconformity is included in his staff report, that by the rule of law, some modifications can be made to a building as long as it conforms to a higher standing of law. Chairwoman swore in all applicants and witness that would provide testimony. Frank Lucchese, 512 West Van Buren, Elmhurst, Illinois, Project Architect for York Tavern. He acknowledged and thanked the Community Development Department, since a Certificate of Appropriateness does not come forward very often and they felt somewhat like pioneers going through this process because there was not a standard to go through. Through the help, insight and counsel of staff they were able to create a presentation that will meet with the Village approval. York Tavern has a special place in the hearts and minds of its residents in the community and they are very sensitive to that; and the fact that it is in the historical district, it is even more so important, thus they hired a historical architect. In addition, they went out into the community, went out, sought the advice and counsel of two highly respected historical consultants, Jean Follett and Audrey Muschler, and have had many meetings with them, where they were advised of the historical aspects of this building. They believe they have put together a good project based on that. They met with Al Savino, President of the Oak Brook Historical Society and had 2 meetings with residents who surround the property. They advised and VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 10 of 18 May 15, 2006 /3 kept them apprised of what they were doing. Included in those meetings was the Fullersburg Association and the Robin Hood Ranch Association. It is their belief that they agree with what they are doing. Walter O'Brien, 1900 Spring Road, Oak Brook, attorney for the petitioner and resident of the Village. He said that there was a great deal of community concern originally because there were two plans that had been drawn up to address the health department issues. This issue is not a zoning issue and will remain R-2 is the request is approved for the Certificate of Appropriateness. They are looking at a June 7th date. The historical architect and consultants believe the structure should stand on its own and be able to be viewed for what it was. It is a legal nonconforming use and will remain that way if the certificate of appropriateness is approved. Some concern was raised that the alteration is almost as big as the existing structure. There are federal, county and village requirements that must be met; the first being the health, safety and welfare mandates of the health department. The village is requiring compliance with its fire codes and fire sprinkling the building. The reason the structure is of this size is because they are dealing with ADA compliance, Health Dept compliance which includes the kitchen, dry storage, refrigerated storage on both levels and an outside ingress has to be brought to the lower level. Not only are the required to provide ADA bathrooms, but ADA access for ingress/egress. These requirements have created the size of the building. The letter included from the Health Department states that they are meeting the minimum health requirements, so there should not be an issue regarding the size of the footprint of the building. Terrence Russell, Larson and Darby Group, 324 W. State Street, Geneva, IL, said that he was the restoration architect on the Frederick Graue House. The York Tavern was built in 1843 and has been in continuous operation as a tavern for 163 years, and that is what really gives it, its historic significance. The building itself is a folk style or early railroad style building. It is not the prettiest of buildings, but it was never intended to be. It was always intended to be a rather simple style building, which is still reflected today. Its significance is the fact that it has been in use for 163 years as a tavern, except for a brief period in the 1920's during prohibition. The building is mostly timber frame construction based on what they see in the basement. The addition on the south is much later; probably early 20`h century built dimensional lumber. The existing siding is a simple clapboard exterior and the windows are 9 over 6 style. The trim on the building is somewhat minimal, which is very consistent with this type of building for this time period. The roof was most likely wood shingle. There are 2 non-historic additions to the building that will be removed. The photographs in the case file show a concrete block addition and a small air lock entrance to the front; both will be removed as part of the renovation. The addition does not infringe on the front yard setback. They want to emphasis the 1843 building so the addition is pushed off to the side so that the major elevation from the south and east really emphasizes the existing building with the VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 11 of 18 May 15, 2006 major elevations being restored to the way they were when they were new. The ridge of the roof is specifically kept lower than the existing ridgeline, which emphasizes the original building. Due to the Health Department upgrades, they have created a well on the roof to hide the kitchen exhaust and the mechanicals that would distract from the historic building. The detailing on the addition will match the existing building exactly. They will keep the 9 over 6 windows, simple trim, clapboards and the wood-shingled roof. There is a new entrance that is accessible from the southwest. The existing entrance would remain just as an emergency egress from the dining area. It appears that the building is surrounded by parking, but the parking configuration is exactly the way it is now with planting and landscape islands being added. It will be repaved and restriped. The parking from the north and the east, which is one of the major views from the parking lot would all be screened with pine trees so that in the winter you would not have to see the parking lot. It also helps the view from Wennes Court. The existing signage will be removed. The new signage fits within the historic guidelines. It is a small monument sign, stone with letters applied to it. Audrey Muschler, Interim President of the Fullersburg Historic Foundation spoke in favor of the proposal and its historic preservation. The Foundation was formed 20 years ago at the request of the Forest Preserve District, so that there is one voice that would speak for the entire district. It includes the Graue Mill, Ben Fuller Hinsdale and Oak Brook Historical Societies. They are very pleased at the sensitivity of the owner and the architect. They have been very receptive to the integrity of the tavern and they support the approval of the plan to allow the owner to continue to operate the tavern by complying with the DuPage County Health Department requirements and the expansion of the kitchen, handicapped bathrooms, dry storage, and inside staircase. They noted that there is no increase in the size of the service area, no increase in parking, and no change to the zoning. The York Tavern was built in 1843 by Benjamin Fuller and qualifies for the listing in the National Register of Historic Places under the criteria of history according to Tracey Sculle of the Illinois Historic Preservation Agency. In addition, they would like to request that Village review the Gateway Ordinance and possibly revise the ordinance to allow that if any of the historic buildings and there are five historic buildings that they could be rebuilt and the tavern could also be rebuilt. Jean Follett, 425 Bonnie Brae Road, Hinsdale, also Hinsdale Village Trustee, and has been working in the area of historic preservation for 30 years. York Tavern is near and dear to her heart for many reasons. This group of buildings at Salt Creek is extraordinary in Northeastern Illinois; there is nothing else like it where you have multiple first generation buildings that are in their original location; with the exception of the Ben Fuller House, and that was just moved across the street. They all tell a story that the rural in the Comprehensive Plan refers to. It is the rural history of Oak Brook. It is amazing that they are still there. The timbers in the York Tavern were milled at the sawmill that stood on the site that is today Graue VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 12 of 18 May 15, 2006 13-L Mill. She is grateful there is a plan that saves this building and does not dramatically alters or demolishes it, which is what they were worried about six months ago. It is great that it is going to be added on to in a way that makes it useful in the 21St century and maybe there will be another 160 years worth of use out of it. She agrees with Audrey statements and applauds the fact that the two villages have worked out this ordinance 20 years ago, and thinks it needs to be reviewed again. She also would like to see stronger protection in the ordinance, due to the extraordinary character of this area. It has been a long 15-20 year struggle to protect this group of buildings. She hopes that the Village Board in Oak Brook takes a serious look at strengthening the ordinance to provide better protection for this amazing group of buildings that includes the York Tavern. Larry Herman, 413 Luthin Road, said that in a way he is speaking for his neighbors. He thanked the Moraci's and advisors for soliciting the input of the neighbors as well as working closely with Audrey Muschler and Jean Follett. They have worked out a good working relationship over the last couple of months and the plan this evening is a vast improvement from where the project started. He reminded the Commission that this is a nonconforming use and while they are sensitive and empathetic to the Health Departments edicts, that does not in of itself present a hardship because they are operating which is a nonconforming use. The fact that the Health Department may have problems with the way it is being operated is not really an issue that the Village needs to respond to. They would like to see what has been substantially proposed here, completed. Mr. O'Brien said that he believed the neighbors support the project, that is generally true, but there are a number of conditions that the neighbors would like to see included in whatever legislation is adopted. 1. They do not have the expertise themselves, and are not sure if the size of the addition is the minimal size to comply with the Health Department and are concerned that the size is larger than what really might be required. 2. It has been suggested that the proposed addition would not increase the occupancy, number of seats or parking spaces and they would like that incorporated into the legislation as well. 3.- 4. The understand that Audrey and Jean have been working with the York Tavern to attain landmark status and that help to assure them that the use proposed here would be preserved in the future. They would like to subject approval on landmark status being sought and accepted by the owners. Finally, it is their understanding that there was an ongoing discussion with the owners to sell the back portion of the lot to the Forest Preserve District. They strongly support that as well and ask that something be included in the legislation that would mandate that as part of any other approvals needed that it be conditioned on the sale of that back piece of land to the forest preserve district. He thanked everyone for coming up with a very nice proposal. Al Savino, President of the Oak Brook Historical Society, said that they are very interested in preserving the York Tavern because of its historical significance dating back to 1843 and is one of the oldest structures still standing and in use in DuPage VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 13 of 18 May 15, 2006 t County. The York Tavern also brings something to Oak Brook that is good and unique. There is a lot of white tablecloth dining, but there is nothing else like the York Tavern. Its hamburgers seem to be mystical, it brings in a lot of business people, college students, and a lot of residents enjoy stopping there to have a hamburger or sandwich. For these reasons, and those that were stated in their letter, they urge the Plan Commission to recommend approval of the request. Richard Allison, 31 Robin Hood Ranch, and Acting President of the Homeowners Association. He said that Mr. Herman was very eloquent and spoke about most of the critical issues. He pledged their support as residents in the area of the Moraci's concept. Last fall when the original proposal was offered to the neighbors, they contemplated tearing it down and putting up a large masonry structure. In response to the neighbor's issues with that plan, they were invited to a meeting at the York Tavern where they listened to the neighbor's opposition and they listened, and came up with a new footprint. They will be very happy to see the York Tavern built in the fashion proposed. As a board member in the Fullersburg Woods Area Association, their prime concern was any deviation from the current zoning for this property. He would like to see the nonconforming issued codified to some extent should the Moraci's sell the property in the future and the issue would be revisited as a potential zoning issue. Most of the residents on York Road with Christ Church encroaching on Robin Hood Ranch from the north, and York Tavern to the south would fight a zoning change. They would like to see it approved tonight. Director of Community Development Kallien said that from his understanding the Certificate of Appropriateness is very similar to a special use, which sets very restrictive and specific standards that apply to the use and layout of the property. Any changes to the approvals would require that the new owner would have to go back through the process. What you see is what you get relative to the potential approvals. The applicant, residents and staff have worked hard to work out an arrangement that satisfies the maintenance of this use while maintaining the integrity of the zoning. He had advised the applicant when they first came forward to work out the issues with the neighbors and they have done that. Samuel Girgis, 506 Wennes Court, said that they appreciate the responsiveness to the neighbors concerns and questioned how large the addition is going to be and how large the existing structure is today. Mr. Lucchese responded that the existing building is almost 1400 square feet, which includes the second floor and does not include the basement. When the storage to the east and the front entry is removed but not including the second floor, they end up with 915 square feet. The new addition is 1168 square feet without the basement and there is no second floor. The basement duplicates the square footage on the existing as well as the new addition, both,which is 915 square feet for the existing and 1168 for the new addition. Mr. Girgis wanted to know if this is the most reasonable size to satisfy the Health VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 14 of 18 May 15, 2006 �3 Department requirements. Mr. Lucchese responded yes; that he has talked to the Health Department many times, and in their letter, it is stated that the approved plan meets the minimum requirements. The have met with them and reviewed a number of different schemes. Director of Community Development Kallien said that the Village enforces zoning and building codes but the issue of food service is solely a county function; so we have to rely upon their expertise. A number of meetings were held with the Health Department and in fact talked about what would be the minimum and the letter stands on its own. Member Wolin said that it was important to address the points addressed by Mr. Herman. 1. It appears that the proposed size of the addition is what it is. 2. There was a discussion regarding occupancy, which currently is 50 seats. Fire Chief Bodony responded that occupancy is a blended calculation of square footage and seating capacity. They really do not have a function for standing room only for public assembly occupancy due to egress. The occupancy load for the York Tavern may have been diminished due to its combustible nature and lack of some fire protection. It can be researched and allow it on the finished product. Director of Community Development Kallien said that there are 50 seats there now and we are not adding to the use. 3. The current parking lot is gravel and it meanders. The new lot will be paved and will have handicapped parking stalls, which do not currently exist. Mr. Lucchese noted that the Village code requires 10 spaces per 1000 square feet and they exceed that. They will have about 36 spaces, which exists today. 4. Attaining landmark status is something Mr. Moraci could be encouraged to do, but can not require it. They would have to apply for it. Mr. O'Brien responded that there is not enough time to go through the process before their June deadline. The building is in the historical district and the owner gets a credit for doing the remodeling work and would be a larger credit if the building were actually on the registry, so it is in their best economic interest to get that done. They intend to maintain the structure as a historical structure. They also would like more protection for the structure because if it would be destroyed, under the nonconforming provisions of the ordinance it could not be rebuilt. However, this is not a zoning hearing and they will work with staff to work on the possibility of a text amendment to allow structures completing this process to rebuild. They will not agree to contribute their property to the forest preserve. 5. To require the owner to sell it to the forest preserve district would be very complicated. Director of Community Development Kallien said that it the VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 15 of 18 May 15, 2006 . 0 • l3-e_ owner tried to take the piece of property off to sell it to anyone, there is no way to divide it because it is less than 2 acres and the zoning district in that area is a 1 acre minimum lot area. The village would create a new nonconforming issue that would have to be reconciled. There are zoning issues. Director of Community Development Kallien said that he reviewed the Gateway Development Plan requirements and he could not find a case where the petitioner could not meet the requirements. He was unsure of a few issues related to lighting that have been clarified by the architect; and as part of the building permit process, it can be easily reconciled. There are not any outstanding issues relative to the code. There was a discussion regarding whether the expansion was larger than required. Contained in the case file is a letter from the DuPage County Health Department stating that the proposal has been approved and has met their minimum requirements. It was also noted that any further changes to that approved plan would require an advance review by the Health Department. Director of Community Development Kallien said that the Health Department is aware of the intricacies of providing a minimum expansion. There were several meetings held with them on the site. If the food items are going to be served as proposed at this location, this type of facility is required, so we need to rely upon their expertise in this area. Mr. O'Brien added that the requirements are a legal opinion. The kitchen is just a part of the expansion there is handicapped bathrooms that need to be provided for as well as ingress/egress, plus a HVAC system. These are the minimum requirements by law. Director of Community Development Kallien added that we not only have had the input of the applicant's architect, but also the input by the historical architect, the Oak Brook Historical Society, and Audrey Muschler. There is a sense of scale that needs to be looked at too; in terms of whether the addition fits in with the overall scale of the building. .The footprint of the building shows that symmetry has been provided. It does meet the County requirements and does fit in aesthetically, with what exists, which is one of the requirements of the Graue Mill Gateway requirements and it appears that they have satisfied that requirement. Member Wolin said that in making the recommendation, the Plan Commission found that: 1. The York Tavern structure has existed since the mid 1840's at its present location. The existing building encompasses approximately 1055 square feet. 2. Even though the tavern use has existed prior to the incorporation of Oak Brook and adoption of the current zoning provisions for the property, the subject property is zoned R-2 Single-Family Detached Residence District VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 16 of 18 May 15, 2006 13 J and is classified as a legal nonconforming use under Chapter 13 of the Zoning Ordinance. 3. Normally, any modification to a nonconforming use is limited to ordinary repairs and alterations, which do not involve an expansion of the nonconforming nature of the use. 4. However, Section 13-13-2 of the Zoning Ordinance states: "Ordinary repairs and alterations may be made to a nonconforming building or structure, provided that no structural alterations shall be made in or to such building or structure, all of which is designed or intended for a use not permitted in the district in which it is located, except those required by law, or except to make the building or structure and use thereof conform to the regulations of the district in which it is located." Therefore, the proposed modifications to the building addresses issues raised by the DuPage County Health Department and to also come into compliance with requirements of the Americans with Disabilities Act (ADA). Without these building improvements, the DuPage County Health Department has stated in writing that, "they will not have a valid permit to serve food or beverages and must cease operations." 5. In accordance to Section 13-8-3 of the Zoning Ordinance, the applicant has submitted all documents and information to satisfy the Gateway Development Plan requirements, which must be included in the application for a certificate of appropriateness. 6. The plans that have been submitted for this request have been reviewed and approved by the DuPage County Health Department. 7. The plans have also been reviewed and approved by the Oak Brook Historical Society as well as the LZT/Filiung Architects, an architectural firm who has experience in working with historical structures. 8. The proposed interior modifications will include improvements that relate to the Village's life safety and building codes that enhance the public, health, safety and welfare of those persons who work and visit the York Tavern facility. 9. The proposed building elevations and site improvements appear to be consistent with the Graue Mill Gateway area and historical area that is adjacent to the York Tavern property. 10. Even though the building will be physically improved, the integrity of the residential zoning of the area has not been compromised. Motion by Member Wolin, seconded by Member Saiyed to recommend approval of the petitioner's request for the issuance of a Certificate of Appropriateness in the Historic Graue Mill Gateway Area. This will allow for the issuance of the building VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 17 of 18 May 15, 2006 • • 131 permit to allow the construction that will increase the size of the existing building approximately 1100 square feet, and to meet the interior and exterior building alterations as required by the DuPage County Health Department and improvements to the physical appearance of the site. The recommendation is subject to the following conditions: 1. Maintain the current policy towards establishing seating capacity of 50 based upon current adopted codes; 2. Parking to be constructed as shown on the existing site plan; 3. The applicant is encouraged to seek landmark status; 4. To be constructed in substantial conformance with the plans submitted and contained in the case file, including: Foodservice Equipment Plans approved by the DuPage County Health Department dated April 20, 2006 on page 6; Proposed building elevations on pages O (concept plan) and R (Sheet A-5, dated April 17, 2006); Site Plan dated April 17, 2006 on page P (Sheet A-1, dated April 17, 2006); Landscape Plan page Q; and Floor Plans on page S (Sheet A-4, dated April 17, 2006). 5. Final Engineering and DuPage County Health Department approval. ROLL CALL VOTE: Ayes: 7— Members Adrian, Iyer, Lalmalani, Saiyed, Tropinski, Wolin and Chairwoman Payovich Nays: 0 — None. Motion Carried. 6. OTHER BUSINESS OTHER BUSINESS There was no other business to discuss. 7. ADJOURNMENT: ADJOURNMENT Motion by Member Adrian, seconded by Member Saiyed to adjourn the meeting at 10:20 p.m. VOICE VOTE: Motion carried. ATTEST: Robert Kallien, Director of Community Development Secretary VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 18 of 18 May 15, 2006 E OF 04,V • • G P ego � o O y 2 COUNT Date: May 12, 2006 cF '� '\�\ Village of To: Plan Commission Oak Brook 1200 Oak Brook Road From: Robert L. Kallien Jr., Community Development Director Oak Brook, IL 60523-2255 Website Subject: Framework for Proposed Recommendation — York Tavern — www.oak-brook.org Certificate of Appropriateness Administration 630.990.3000 At the request of the Plan Commission, I have prepared a draft motion FAX 630.990.0876 (including specific findings) relative to the requested action for the above Community referenced case. Development Certificate of Appropriateness If it is your decision to recommend approval, 630.990.3045 FAX 630.990.3985 it would be appropriate to move that the Plan Commission recommends approval of the request from Vito, Marianna and Pasquale Moreci, who are Engineering seeking approval of a Certificate of Appropriateness in the Historic Graue Mill Department Gateway Area to increase the size of the existing building by approximately 630.990.3010 FAX 630.990.3985 1000 sq.ft., to make interior and exterior building alterations and improvement to the physical appearance of the site. In making this recommendation, the Plan Fire Department Commission finds that: 630.990.3040 FAX 630.990.2392 1. The York Tavern structure has existed since the mid 1840's at its present Police Department location. The existing building encompasses approximately 1055 square 630.990.2358 feet. FAX 630.990.7484 2. Even though the tavern use has existed prior to the incorporation of Oak Brook and adoption of the current zoning provisions for the property, the Public Works subject property is zoned R-2 Single-Family Detached Residence District Department 630.990.3044 g noncon g use under 1� and is classified as a legal nonconforming d Chapter 13 of the FAX 630.472.0223 Zoning Ordinance. 3. Normally, any modification to a nonconforming use is limited to ordinary Oak Brook repairs and alterations, which do not involve an expansion of the Public Library nonconforming nature of the use. 4. However, Section 13-13-2 of the Zoning Ordinance states: 600 Oak Brook Road Oak Brook,IL 60523-2200 "Ordinary repairs and alterations may be made to a nonconforming 630.990.2222 building or structure, provided that no structural alterations shall be FAX 630.990.4509 made in or to such building or structure, all of which is designed or intended for a use not permitted in the district in which it is located, Oak Brook Sports Core except those required by law, or except to make the building or structure Bath&Tennis Club and use thereof conform to the regulations of the district in which it is 700 Oak Brook Road located." Oak Brook,IL 60523-4600 Therefore, the proposed modifications to the building address issues raised 630.990.3020 by the DuPage County Health Department and to also come into FAX 630.990.1002 compliance with the requirements of the American Disabilities Act (ADA). Golf Club Without these building improvements, the DuPage County Health 2606 York Road Department has stated in writing that, "they will not have a valid permit to Oak Brook,IL 60523-4602 serve food or beverages and must cease operations." 630.990.3032 FAX 630.990.0245 /07 May 12, 2006 Plan Commission RE: York Tavern Page 2 5. In accordance to Section 13-8-3 of the Zoning Ordinance, the applicant has submitted all documents and information to satisfy the Gateway Development Plan requirements, which must be included in the application for a certificate of appropriateness. 6. The plans that have been submitted for this request have been reviewed and approved by the DuPage County Health Department. 7. The plans have also been reviewed and approved by the Oak Brook Historical Society as well the LZT/Filliung Architects, an architectural firm who has experience in working with historical structures. 8. The proposed interior modifications will include improvements that relate to the Village's life safety and building codes that enhance the public, health, safety and welfare of those persons who work and visit the York Tavern facility. 9. The proposed building elevations and site improvements appear to be consistent with the Graue Mill Gateway area and historical area that is adjacent to the York Tavern property. 10. Finally, even though the building will be physically improved, the integrity of the residential zoning of the area has not been compromised. Certificate of Appropriateness If it is your decision to recommend denial, it would be appropriate to move that the Plan Commission recommend denial of the request from Vito, Marianna and Pasquale Moreci, who are seeking approval of a Certificate of Appropriateness in the Historic Graue Mill Gateway Area to increase the size of the existing building by approximately 1000 sq.ft., to make interior and exterior building alterations and improvement of the physical appearance of the site. In making this recommendation, the Plan Commission finds that: 1. One or more of the items listed above (you would need to list) have not been met and therefore the applicant's request for a certificate of appropriateness cannot be approved. PC-York Tavem-Cert Appr-FINDINGS.doc VILLAGE OF OAK BROOK Plan Commission STAFF REPORT DATE: May 10, 2006 CASE NO: 2006-009-ZO-APP DESCRIPTION: Certificate of Appropriateness—Expansion of York Tavern PETITIONER: Vito, Marianna and Pasquale Moreci 4 York Court Oak Brook, IL 60523 LOCATION: South of Oak Brook Road, west of Rte. 83 ADDRESS: 3702 York Road (York Tavern) ACREAGE: 1.7 acres EXISTING ZONING: R-2, Single-Family Detached Residence District improved. with the York Tavern. Subject property is also located within the Historic Graue Mill Gateway Area(Section 13-8-1) of the Zoning Ordinance. ZONING/USE OF SURROUNDING PROPERTY: North: R-2 Single Family Detached Residence District, Single-family homes. South: CR Conservation/Recreation District, Graue Mill and Open space. East: R-2 Single Family Detached Residence District, Single-family homes. Subdivision. West: CR Conservation/Recreation District, Open space — Fullersburg Woods Forest Preserve. DISCUSSION: Vito, Marianna and Pasquale Moreci, the owners of the York Tavern located at 3702 York Road have submitted an application for a building permit as well as an application and all required supporting documents seeking approval of a Certificate of Appropriateness in the Historic Graue Mill Gateway Area in order to modify the existing building by adding approximately 1000 sq.ft. and making interior modifications to address issues raised by the DuPage County Health Department and to come into compliance with the requirements of the American Disabilities Act (ADA). The York Tavern structure has existed since the mid 1840's at its present location. The existing building encompasses approximately 1055 square feet. Because the tavern use has existed prior to the incorporation of Oak Brook and adoption of the current zoning provisions for the property, the subject property is classified as a legal nonconforming use under Chapter 13 of the Zoning STAFF REPORT-CERTIFICATE PROPRIATENESS MoRECI-YORK TAVERN-3306 YORK ROAD CASE No.2006-009-APP Ordinance. Normally, any modification to a nonconforming use is limited to ordinary repairs and alterations, which do not involve an expansion of the nonconforming nature of the use. However, in Section 13-13-2; A. Repairs And Alterations: Ordinary repairs and alterations may be made to a nonconforming building or structure, provided that no structural alterations shall be made in or to such building or structure, all of which is designed or intended for a use not permitted in the district in which it is located, except those required by law, or except to make the building or structure and use thereof conform to the regulations of the district in which it is located. As such, the proposed building alterations and addition is in response to issues raised by other governmental entities, specifically DuPage County Health Department and the State of Illinois American Disabilities Act(ADA). Certificate of Appropriateness Because of the Tavern's location within the Gateway Area, no modifications to the exterior of the building can occur without satisfying all requirements of the Historic Graue Gateway Area provisions, which then qualifies the project for approval of a Certificate of Appropriateness. Citing the Zoning Ordinance, Section 13-8-6 (A and B) states; A. Required: No building permit or other permit otherwise required under the ordinances of the Village for the erection, construction, exterior alteration or repair of any building or structure in the Historic Graue Mill Gateway Area shall be issued by the Director of Community Development except upon the issuance of a certificate of appropriateness by the President and Board of Trustees. Such certificate of appropriateness may only be issued after a public hearing has been held before the Plan Commission of the Village in accordance with the public hearing procedures set forth herein and after the President and Board of Trustees of the Village approve the gateway development plan for the property involved. B. Application And Hearing: Upon the filing of an application for a building permit for which a certificate of appropriateness is or may be required, the applicant shall concurrently file with the Village Clerk an application for a certificate of appropriateness, which application shall include all the information and material required pursuant to Sections 13-8-7 and 13-8-8 of this Chapter. Such application shall be referred to the plan commission by the president and board of trustees upon verification of the completeness of said application. The fact that an 2 STAFF REPORT-CERTIFICATE WPROPRIATENESS MoRECI-YORK TAVERN-3306 YORK ROAD CASE No.2006-009-APP application for a certificate of appropriateness has been filed shall not be cause for the director of community development to delay the review of plans relating to the building and zoning aspects of the project while said application is pending. The plan commission shall thereupon fix a reasonable time, within forty-five (45) days, for a hearing and give a written five (5) day notice thereof to the applicant. Upon such hearing the commission shall consider the application for a certificate of appropriateness and, if necessary, receive additional evidence (such as exterior elevation renderings) from the applicant or his agent or attorney and from the village personnel or other persons as to whether the external architectural features of the proposed building or structure comply with the provisions of this chapter. All testimony given at such hearing shall be under oath." Gateway Development Plan In accordance to Section 13-8-3 of the Zoning Ordinance, a Gateway Development Plan must be included in the application for a certificate of appropriateness, which demonstrates how the proposed project is consistent with the historic area. Specific details that must be provided are listed in the following. For the benefit of the Commission, I have provided staff comments relative to whether the applicant satisfies each of the requirements (Y), fails to satisfy a requirement (1) or is unsure(U). A. Relationship of Proposed Building to Site and Adjoining Area: 1. Setbacks in excess of zoning ordinance. 2. Treatment of parking areas to screen from view. 3. Underground installation of utilities. Staff Comments — See colored site plan. The applicant proposes; the building expansion be located outside of the 100-ft. setback area along York Road (Y), the parking areas are extensively landscaped (Y), and the utilities along York will be buried(Y). B. Building Design: 1. Quality of the design, relationship to Graue Mill and historic period. 2. Compatibility of design and materials with intent of area. 3. Screening of mechanical equipment and other facilities from public view. 4. Harmony of lighting, fixtures and standards with building design. Staff Comments — See supplemental information and letter from LZT/Fillung Architects. The applicant proposes; the addition to the Tavern is in keeping with the existing historic design of the existing building (Y), the design and 3 STAFF REPORT-CERTIFICATE eXPROPRIATENESS MoRECI—YORK TAVERN—3306 YORK RoAD CASE No.2006-009-APP materials used are consistent with the area (Y), the roof mechanicals and dumpster will be screened from view (Y), harmony of lighting with building design (U). C. Street Hardware: 1. Street hardware located on private property and designed to be part of architectural concept. 2. Wall and ground signs shall be part of the architectural concept. Staff Comments — See supplemental information. The applicant proposes; street hardware on private property, which is in keeping with the architectural concept (Y), and wall/ground signs are in keeping with architectural concept (Y). D. Landscape Design Considerations: 1. Compatibility of the design and size of landscaping. 2. Preservation, protection and development of existing topographic patterns and plant materials. 3. Placement of trees in parkway or paved areas. 4. Method of screening of service yards. 5. Enhancement of parking areas with landscaping. 6. Use of unobtrusive exterior lighting. 7. Use of landscape materials and lighting with low maintenance. Staff Comments — See colored site plan and supplemental information. The applicant proposes; compatible landscaping (Y), preservation of existing plant materials (Y), placement of trees and vegetation around parking areas (Y), screening of the dumpster (Y), significant enhancement of landscaping on site (Y), use of unobtrusive exterior lighting (U), use of landscaping and lighting with low maintenance (U). E. Landscape Plan: 1. Location of existing plant material to remain/be removed. 2. Designation of parkway trees and protection of trees to be preserved. 3. List of scientific and common names of proposed landscaping. 4. Landscape plan shall be prepared by a landscape architect or qualified nurseryman. Staff Comments — See colored site plan. The applicant proposes; location of plant material to remain/be removed (Y), designation of parkway trees and protection of trees to be preserved (U), list of scientific and common names (Y), and landscape plan shall be prepared by landscape architect or qualified nurseryman(U). 4 if 4- STAFF REPORT-CERTIFICATE PPROPRIATENESS MoRECI-YORK TAVERN-3306 YORK RoAD CASE No.2006-009-APP F. Site Plan; 1. Location of buildings on site. 2. Location of drives, walks,parking areas,parking layout, etc. 3. Building elevations showing all sides and materials used. 4. Existing grades. 5. Location of utilities. Staff Comments — See color site plan. The applicant proposes; location of all buildings (Y), location of all site improvements (Y), building elevations (Y), existing grades (U), location of utilities (Y). In addition to the above listed requirements that are to be addressed in the Gateway Development Plan, Section 13-8-8 requires that the applicant set aside a sum of money equal to not less than five (5) percent of the total project construction cost for the purchase and installation of mature vegetation. The Village Board can waive this requirement if certain conditions are found to exist on the property. For further information and technical information relating to the project,please see letters in the case file from the DuPage County Health Department (June 7, 2005, February 27, 2006 and May 2, 2006), the Oak Brook Historical Society (May 6, 2006), and LZT/Filliung Architects (April 11, 2006) RESPONSIBILITIES OF HEARING BODIES: Prior to making its decision, the Plan Commission may make recommendations to the applicant as to changes in the exterior drawings, sketches, landscaping, site plans and materials which in the judgment of the commission would tend to affect the general purposes of the Historic Graue Mill Gateway Area requirements. The Commission shall make its decision within fifteen (15) days after the hearing is closed and shall issue to the President and Board of Trustees its findings and recommendation concerning the proposed gateway development plan. If the Plan Commission recommends denial of a gateway development plan it shall specifically point out such deficiency in its findings. The Village President and Board of Trustees may approve or disapprove the proposed gateway development plan or refer the matter back to the Plan Commission for further consideration. Upon approval of any proposed gateway development plan, the President and Board of Trustees shall issue a certificate of appropriateness as to the approved gateway development plan. 5 r f STAFF REPORT-CERTIFICATE PPROPRIATENESS is MoREcI-YORK TAVERN-3306 YORK RoAD CASE No.2006-009-APP CONCLUSION: If the Commission is of the opinion that the applicant has satisfied the requirements for a certificate of appropriateness in the Historic Graue Gateway Area, a recommendation would be in order to approve this request. Because Staff is not sure that all items required for the gateway plan have been provided by the applicant, any recommendation should be subject to the condition that all such items be addressed. As such, the following conditions might be appropriate for inclusion in the recommendation: • The development shall be in substantial conformance with the plans as submitted and meet the requirements of the Building and Stormwater Regulations of the Village. • Final Engineering approval. • All items required for the gateway plan identified by Staff shall be addressed prior to action by the Village Board. Respectfully Submitted, Robert L. Ka en Jr. CP Director of CbnrVulnity Development 6 .,a X90 0 oe o o v F0OU1471 VILLAGE OF OAK BROOK Interoffice Memorandum DATE: May 11, 2006 TO: Robert L. Kallien, Jr., Director of Community Development FROM: Dale L. Durfey, Jr.,P.E., Village Engineer SUBJECT: York Tavern After we discussed the potential detention requirement for this site this morning, I reviewed Title 9 of the Village Code concerning detention. Section 9-5-1B3 states: B. All developments, with consideration given to those developments noted in subsection C of this section, shall comply with the site runoff storage requirements provided in section 9-5-4 of this chapter in which: 3. The parcels being developed total one acre or greater for multiple-family (more than 2 dwelling units) or nonresidential developments and the new development totals either individually or in the aggregate after February 15, 1992, to more than twenty five thousand(25,000) square feet; It appears that as long as the development area is less than 25,000 square feet, detention is not required on this existing developed site. If the development area is more that 25,000 square feet, detention is required. As always, if detention is required, the applicant could seek a variation depending upon its particular characteristics and hardships. York Tavem detention.doc /0. ®5/11/2006 10:05 6309337686 DUPAGE FOREST 6ER PAGE 02 Forest Preserve District of DuPage County .. 3 S.580 Naperville Road Wheaton, IL 60187-8761 630.933.7200 Fax 630.933.7204 TTY 800.526.0857 VIA FACSIMILE and REGULAR MAIL May 11, 2006 Robert Kallien Director of Community Development Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523-2255 Re: Public Hearing Notice on York Tavern Property Dear Mr. Kallien: The Forest Preserve District of DuPage County recently received not of a proposed project on the York Tavern property located at 3702 York Road. We appreciate receiving timely notification of such projects that may have an impact on our adjacent property, and thank you for the opportunity to comment. District Staff has reviewed the public hearing notice and the proposed project, and does not have any comments at this time. We hope you will allow us the opportunity to review and comment on any major revisions that may be proposed as this project moves.forward. Please call me at 933-7684 if you have any questions. Sincerely, Marcia Thomas Land Acquisition Specialist cc: Karen Zilly, Director of Land Preservation Mailing Address: P.O.'l3ox 5000 Wheaton, IL 60189-5000 www.dupagdoresttom. MR - � m� O A K B R O O K H I S T O R I CAL SO C I E T Y P.O. BOX 3821 • OAK BROOK, ILLINOIS 60522 May 6,2006 Mr. Robert L. Kallien Jr.,A.I.C.P. Village of Oak Brook Dept. of Community Development 1212 Oak Brook Road Oak Brook, Illinois 60523-2203 RE: York Tavern Petition Dear Mr. Kallien: Kindly add this letter to the file for the York Tavern's request for a certificate of appropriateness. The Oak Brook Historical Society would very much like to see the York Tavern preserved, and we feel that best way for this to happen is for the current owners to be able to expand it to accommodate the necessary bathroom and kitchen facilities. In meetings with the current owners,we find that they are welling to restore the current building to much its original exterior design. And working with a historic architect,they have developed a plan for the new addition that is both handsome and compatible with the current building. The Tavern is one of the oldest, if not the oldest, structure in Oak Brook dating back to 1843. What a shame it would be to lose it. We all have fond memories of some buildings and businesses that are now gone. What fun and unique places the Saddle Club and Andy's Steak House where. They played important roles in the early formation of this Village and its character. Let's not lose another icon in the York Tavern. Keeping it by permitting the expansion retains it and permits it to exist. Denying the expansion possibly condemns it to destruction. The Society thanks the commissioners and trustees for their diligent work and thoughtful consideration and we look forward to a positive conclusion for the requested expansion. Sincerely, Alfred P. Savino President • Dufige County Health Depa tent Central Office 111 North County Farm Road Wheaton,IL 60187-3988 Telephone: (630)682-7400 Fag: (630)462-9463 Review # www.dupagehealth.org # May 2, 2006 County Tracking TO# Pasquale Moreci 487 Spring Road CORRECTED COPY Elmhurst, IL 60126 Dear Pasquale: PLAN APPROVAL FOR: York Tavern located at 3702 S. York Road, Oak Brook, IL The plans dated April 20, 2006, for the above food service facility have been reviewed and approved and has met the minimum standards of this Department. The following inspections are required: • Underground plumbing installations (as it pertains to the food service equipment). • Pre-final inspection. Without approval from the DuPage County Health Department, food and drystock cannot be received into the establishment. • Final inspection. The establishment must also receive the final inspection prior to opening. A certificate of occupancy can then be obtained through the municipality. Allow 72 hours advance notice to be given when scheduling each inspection. Any further changes to the plans or the plan review form must receive advance approval. If you have additional questions and/or to schedule inspection(s), please contact me at 630-682-7979, extension 7197. Sincerely, qq ara Burton-Zick, R.S. Senior Plan Review and Construction Coordinator Environmental Health Services SBZ:gc Enclosure: cc: Don Hastings, Village of Oak Brook, Building Department Bryan Lee, Area Sanitarian, East Public Health Center Sue Kowalczyk, Food Program Manager, DuPage County Health Department Mike Perinna, Edward Don Co. Frank Lucchese, 512 W. Van Buren, Elmhurst, IL 60126 "We promote health,prevent illness, and provide quality service" PGE of OA4.e `' 90 " o e _ � o y � o A t1 9CFOOUN7I Village of Oak Brook April 25, 2006 1200 Oak Brook Road Oak Brook,IL 60523-2255 Website Dear Resident: www.oak-brook.org Administration The Oak Brook Plan Commission and the Village Board will be considering the Issuance 630.990.3000 of a Certificate of Appropriateness at the meetings scheduled on the back of this notice. FAX 630.990.0876 The application has been filed by: Vito,Marianna and Pasquale Moreci Community Development 4 York Lake Court 630.990.3045 Oak Brook, Illinois FAX 630.990.3985 The property in question is located at: 3702 York Road Engineering a Deprtment Dep 0.3010 Relationship of applicant to property: Owner FAX 630.990.3985 The property may be generally described as 3702 York Road, Oak Brook, Illinois, Fire Department 60523, commonly known as the York Tavern 630.990.3040 Also shown on the reverse side of this notice is a map* of the area to assist you in FAX 630.990.2392 determining your relationship to the property in question. Police Department 630.990.2358 The request,which has been made, is as follows: FAX 630.990.7484 The petitioner is seeking approval for the Issuance of a Certificate of Appropriateness Public Works under Section 13-8-6 of the Zoning Ordinance in order to permit an addition to the York Department 630.990.3044 Tavern in compliance with the Historic Graue Mill Gateway Area. The addition is to FAX 630.472.0223 allow the expansion of the kitchen in the Tavern to meet the current minimum health requirements and to allow the structure to be in compliance with the requirements of the Oak Brook American with Disabilities Act("ADA"). Public Library If you desire more detailed information, please contact the Community Development 600 Oak Brook Road Department at 630-990-3045 to review the file on this application. Oak Brook, IL 60523-2200 630.990.2222 FAX 630.990.4509 Sincerely, Oak Brook Sports Core Bath&Tennis Club Robert L. Kal en, Jr CP 700 Oak Brook Road Director of Community Development Oak Brook,IL 60523-4600 630.990.3020 RLK/gp FAX 630.990.1002 Golf Club 2606 York Road Oak Brook,IL 60523-4602 630.990.3032 FAX 630.990.0245 In accord with the provisions of the American with Disabilities Act, any individual who is in need of a reasonable accommodation in order to participate in or benefit from attendance at the public meeting should contact Jeffrey Moline, the Village's ADA Coordinator, at 630-990-5738 as soon as possible before the meeting date. All meetings are held in the Samuel E. Dean Board Room of the Oak Brook Village Hall, Butler Government Center located on Oak Brook Road(31 st Street) and Spring Road, Oak Brook,Illinois. Zoning Board of Appeals. . . . . . . . . . . . . . . . . . . . . . . 7:30 p.m.,Monday, May 15, 2006 Board of Trustees Meeting . . . . . . . . . . . . . . . ... . . 7:30 p.m.,Tuesday,May 23,2006** ** Tentative 31 st OAK BROOK ROAD — — � ! 411 Sol a 215 F4LLtR�W R4 C M RIe T Weoos 311 '3113 Z19 117 11! 107 LNYRCM •114 ,0- Sid 91113 9121 3$o1 322 >tso7 3>ie! I . � 311s 3113 I 1114 No 114 1M_ 1 114 1e4 at 21' C6 T RISCHR 1N asei 33oa 401 I 313 30S Its Flew 11.111 9a11 I slob Weep ` 4 1 331S3317 t i G 3 1 9321 -- 34 5411 so 3413 _ o Z 4 4 .0 L I 11 S er. a I _ vtt i i � ssae I gyp{ 1 S 7 is 20 it JJ 31f1:} it MY f1K1 N I I lSbi BJIi 3H! M1 1 R�o 1 0 li 3!0 ills 1 Ml�ee 1 L�MpIVS 1 3ie9 4 . s snarl i 1 ro 3617 3>br 3a1S' S61i 52'l soy '"., Ir 1�� wsNnu you 1 � 6 7 3111 4141Li lGt3 311 S763 16 71; 710 701 i22 `• 370! •MAD•f7a1. 37N ;711 rle - �`O 'A3 7o1 ! !1; W10 11 v0GP ��CO lTla 3715 e 0` QTR QRO 6peD s1 lust 1 .L 1 sal sl s� � O I I �In �� 31 '901 O \\. v *Note: The map provided is only an a roximation of the area in question ano ?intended to be used only as a visual aid to determine your relationship to the prop • York Tavern-Certif Appropriateness-2006 RES.Ltr.doc LEGAL NOTICE • • / VAN NOTICE a HEREBY GIVEN that a public hear- ing before the Plan Commis Con ti the V)ois, of Oak be CERTIFICATE OF PUBLICATION Brook, DuPage and Cook Counties, Illinois, will be held on May 15,2006,of 7:30 p.m. in the Oak Brook Vil- lage Hall, 1200 Oak Brook Road Brook, Illinois Paddock Publications, Inc. 60523 for the purpose of con- sidering the application of Vito, Marianna and Pas- quale Moreci, 4 York Lake Court, Oak Brook, Illinois, Daily Hea for a Certificate of Appropri- s as provided for under under Title 13 of the Zoning Ordinance of the Village of Oak Brook, Illinois, Ordi- nance G-60 as amended. The petitioner is seeking the issuance of a Certificate of Appropriateness under Section 13-8.6 of the Zoning Ordinance in order to Per- mit an addition to the York the ern Hl in compl ogee with the organized and existing under and by virtue of the laws of the State of Illinois, Gateway Area.The addition DOES HEREBY CERTIFY that it is the publisher of the DAILY HERALD. i5 t0 ay the expansion he addition Of the kitchen in the Tavern to meet the current minimum health requirements and to That said DAILY HERALD is a secular newspaper and has been circulated daily in the allow the structure to be in compliance of the American with the re- quiremenis Village(s) of Addison, Bloomingdale, Carol Stream, Glendale Heights, Glen Ellyn, with Disabilities Act ("ADAM. The property may be Itasca, Keeneyville, Lisle, Lombard, Medinah, Naperville, Oak Brook, Oakbrook Terrace,erally described as 3702 3702 York Road,Oak Brook, Illi- nois, 60523, commonly Roselle, Villa Park, Warrenville, West Chicago, Wheaton, Winfield, Wood Dale known as the York Tavern and the legal description is as follows: LOT 5 IN WENNES SUB- DIVISION OF PART OF THE SOUTH 1/2 OF SEC- TION 36, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCI- PAL MERIDIAN, AC- County(ies) of DuPage CORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 21, 1962. AS and State of Illinois, continuously for more than one year prior to the date of the first DOCUMENT 33493, IN DU PAGE COUNTY,ILLINOIS. Permanent Index Number. 06-36-402-001: publication of the notice hereinafter referred to and is of general circulation throughout said All persons desiring to be heard will be afforded an Villages) County(les) and State. Portunity to do so and maay y jj l 1, \ 1 submit their statements orally or in writing or both. The hearing may be re- cessed fa time her date"Place I further certify that the DAILY HERALD is a newspaper as defined in "an Act to revise Lice of time and place thereof is publicly an- nounced at the hearing or is given by newspaper publi- the law in relation to notices" as amended in 1992 Illinois Compiled Statutes, Chapter 715, cation not;ess than five(5) days Prior to the date of the recessed hearing. In accord with the provi- Act 5, Section 1 and 5. That a notice of which the annexed printed slip is a true copy, was sions of the American with vi ' hse d wo in indi- vidual f published April 25, 2006 in said DAILY HERALD. reasonable accommodation in order to participate in or benefit from attendance at this public meeting should contact Jeffrey Moline,the IN WITNESS WHEREOF, the undersigned, the said PADDOCK PUBLICATI Inc., Village's ADA Coordinator, at 630-990.5738 as soon as Possible before the meeting has caused this certificate to be signed by, this authorized agent,- at Arlington Heights, date. The petitioner's applica- tion is on file with the Village Illinois. Published in Daily Herald April 25,2006 (3727131)S - PADDOCK PUBLICATIONS, INC. DAILY HERALD NEWSPAPERS BY c/C Authorized Agent Control # T3727131 I • LAW OFFICES OF • O'BRIEN &.ASSOCIATES, P.C. 1900 SPRING ROAD,SUITE 501 OAK BROOK,ILLINOIS 60523 TELEPHONE (630)832-6000 FASCIMLIE (630)684-0243 E-MAIL OBRIENLAWCDMSN.COM April 25, 2006 To: Neighbors of the York Tavern You have probably heard that our client has been required by the DuPage County Health Department to remodel or the York Tavern will be shut down on June 7, 2006. We have been working with the Village and the Oak Brook Historical Society on a plan to preserve this structure, continue the business and comply with all of the various governmental regulations involved with this project. As promised in our last meeting, our client wishes to be a good neighbor and keep you informed as to his intentions regarding the future of this property. He has retained the services of a historical architect, Mr. Terry Russell, to consult with the building architect, Mr. Frank Lucchese, who you met at our last meeting. Mr. Lucchese has prepared a set of plans for the expansion of the existing structure, which has been required by the Health Department and approved by them. These plans will be reviewed by the Oak Brook Plan Commission and they will make a recommendation to the Village Board as to whether or not this project should be granted a Certificate of Appropriateness for construction within the confines of the Graue Mill Historical District. Our client would like to invite you to a ain meet with him and his architect at the York Tap on Sunday, May 7, 2006 at 11.:00 A. M. to 20 over, in detail, his plans for the remodellna of the York Tavern. We hope you can attend. Very truly yours, O'Brien &Associates, P.C. By: Walter J. O'Brien II 3. Ms. Alice Song and Julia 11868 Westminister Ct Loma Linda CA 92354-4175 Richard Allison, President Robinwood Ranch Association 31 Robin Hood Ranch Oak Brook, Illinois 60523 OWNER OF RECORD 523 Wennes Court Oak Brook, Illinois 60523 OWNER OF RECORD 522 Wennes Court Oak Brook, Illinois 60523 Mr. and Mrs. Ali Nili or OWNER OF RECORD 511 Wennes Court Oak Brook, Illinois 60523 i Mr. Charlie Zhang or OWNER OF RECORD 425 Luthin Road Oak Brook, Illinois 60523 Mr. Wayne Hummer or OWNER OF RECORD 419 Luthin Road Oak Brook, Illinois 60523 Mr. Laurence Herman or OWNER OF RECORD 413 Luthin Road Oak Brook, Illinois 60523 Mr. and Mrs. Joseph Girgis 506 Wennes Court Oak Brook, Illinois 60523 Litvay Family Trust or OWNER OF RECORD 3622 York Road Oak Brook, Illinois 60523 3%A-. Mw. Dorothy Retzel or OWNER OF RECORD 3610 York Road Oak Brook, Illinois 60523 Mr. and Mrs. Gary Shorter or OWNER OF RECORD 314 Luthin Road Oak Brook, Illinois 60523 Mr. David Esczarraz or OWNER OF RECORD 316 Luthin Road Oak Brook, Illinois 60523 Mr. and Mrs. Jeffrey Bulin or OWNER OF RECORD 320 Luthin Road Oak Brook, Illinois 60523 Mr. and Mrs. James Svoboda or OWNER OF RECORD 402 Luthin Road Oak Brook, Illinois 60523 Mr. and Mrs. Edward Cladek or OWNER OF RECORD 408 Luthin Road Oak Brook, Illinois 60523 Mr. Gary Kroncin or OWNER OF RECORD 418 Luthin Road Oak Brook, Illinois 60523 Mr. and Mrs. Raymond Peterson or OWNER OF RECORD 412 Luthin Road Oak Brook, Illinois 60523 3.b , PGA OF 0A1 e9 v 0 ML AM e - � 9 v CF COU TV,��•. AGENDA ITEM Regular Board of Trustees Meeting of April 25, 2006 SUBJECT: Referral - York Tavern- 3702 York Road—Certificate of Appropriateness— Historic Graue Gateway Area FROM: Robert L. Kallien, Jr., AICP, Community Development Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to refer this request for a Certificate of Appropriateness in the Historic Graue Mill Gateway Area to the Plan Commission at its May 15, 2006 meeting. Background/History: Mr. Vito Moreci, the owner of the York Tavern located at 3702 York Road has submitted an application and required supporting documents seeking approval of a Certificate of Appropriateness in the Historic Graue Mill Gateway Area in order to modify the existing building to address issues raised by the DuPage County Health Department. Citing the Zoning Ordinance, Section 13-8-6: Certificate of Appropriateness states; "A. Required: No building permit or other permit otherwise required under the ordinances of the Village for the erection, construction, exterior alteration or repair of any building or structure in the Historic Graue Mill Gateway Area shall be issued by the Director of Community Development except upon the issuance of a certificate of appropriateness by the President and Board of Trustees. Such certificate of appropriateness may only be issued after a public hearing has been held before the Plan Commission of the Village in accordance with the public hearing procedures set forth herein and after the President and Board of Trustees of the Village approve the gateway development plan for the property involved. Last saved by Wallien J:\1-FROM BOB\Bot-PC-ZBA\BOT-Referral-York Tavern-Certificate of appropriateness.doc ��/�,� Last printed 4/20/2006 4:12 PM ✓ • • B. Application And Hearing: Upon the filing of an application for a building permit for which a certificate of appropriateness is or may be required, the applicant shall concurrently file with the Village Clerk an application for a certificate of appropriateness, which application shall include all the information and material required pursuant to Sections 13-8-7 and 13-8-8 of this Chapter. Such application shall be referred to the plan commission by the president and board of trustees upon verification of the completeness of said application. The fact that an application for a certificate of appropriateness has been filed shall not be cause for the director of community development to delay the review of plans relating to the building and zoning aspects of the project while said application is pending. The plan commission shall thereupon fix a reasonable time, within forty five (45) days, for a hearing and give a written five (5) day notice thereof to the applicant. Upon such hearing the commission shall consider the application for a certificate of appropriateness and, if necessary, receive additional evidence (such as exterior elevation renderings) from the applicant or his agent or attorney and from the village personnel or other persons as to whether the external architectural features of the proposed building or structure comply with the provisions of this chapter. All testimony given at such hearing shall be under oath." Recommendation: Please refer this request for a Certificate of Appropriateness to the Plan Commission for public hearing at its May 15, 2006 meeting. Last saved by RKallien J:\1-FROM BOB\Bot-PC-ZBA\BOT-Referral-York Tavern-Certificate of appropriateness.doc Last printed 4/20/2006 4:12 PM • • 13-8-6: CERTIFICATE OF APPROPRIATENESS: A. Required: No building permit or other permit otherwise required under the ordinances of the Village for the erection, construction, exterior alteration or repair of any building or structure in the Historic Graue Mill Gateway Area shall be issued by the Director of Community Development except upon the issuance of a certificate of appropriateness by the President and Board of Trustees. Such certificate of appropriateness may only be issued after a public hearing has been held before the Plan Commission of the Village in accordance with the public hearing procedures set forth herein and after the President and Board of Trustees of the Village approve the gateway development plan for the property involved. B. Application And Hearing: Upon the filing of an application for a building permit for which a certificate of appropriateness is or may be required, the applicant shall concurrently file with the Village Clerk an application for a certificate of appropriateness, which application shall include all the information and material required pursuant to Sections 13-8-7 and 13-8-8 of this Chapter. Such application shall be referred to the plan commission by the president and board of trustees upon verification of the completeness of said application. The fact that an application for a certificate of appropriateness has been filed shall not be cause for the director of community development to delay the review of plans relating to the building and zoning aspects of the project while said application is pending. The plan commission shall thereupon fix a reasonable time, within forty five(45) days, for a hearing and give a written five (5) day notice thereof to the applicant. Upon such hearing the commission shall consider the application for a certificate of appropriateness and, if necessary, receive additional evidence (such as exterior elevation renderings) from the applicant or his agent or attorney and from the village personnel or other persons as to whether the external architectural features of the proposed building or structure comply with the provisions of this chapter. All testimony given at such hearing shall be under oath. (Ord. G-272, § 1, 11-11-1980) 13-8-7: GATEWAY DEVELOPMENT PLAN: The gateway development plan must be appropriate to the development of the area consistent with its historic character and shall provide detailed information in regards to the following: A. Relationship Of Proposed Buildings Or Structures To Site And Adjoining Area: The site shall be planned to accomplish a desirable transition with the streetscape, and to provide for adequate planting,pedestrian movement, and parking areas, and shall be evaluated pursuant to the following criteria: 1. The provision, where practical, of setbacks in excess of zoning restrictions to provide an interesting relationship between buildings; 2. The treatment of parking areas with decorative elements,building wall extensions, plantings,berms or other innovative means so as to screen parking from view; 3. The underground installation of newly installed utility services, and service revisions necessitated by exterior alterations. B. Building Design: Evaluation of the appearance of a project shall be based on the following criteria: 1. The quality of the design and its relationship to the Graue Mill, its site, and the historic period it represents; 2. The compatibility of the design, arrangement, texture, and materials of the proposed buildings or structures with the intent and purpose of the area; 3. The screening and location of mechanical equipment or other utility hardware on roof, ground, or buildings from public view with materials harmonious to the building, so as not to be visible from any public ways; 4. The unobtrusiveness and harmoniousness of exterior lighting and the compatibility of fixtures, standards, and all exposed accessories with the building design. C. Street Hardware And Signs: See chapter 11 of this title. D. Landscaping Design Considerations: Landscape treatment shall be provided to enhance architectural features and provide shade and screening, and shall be evaluated pursuant to the following criteria: 1. The compatibility of the design and size of all landscaping effects with the building or structure and adjacent areas; 2. The preservation, protection and development of existing topographic patterns and plant materials which contribute to the beauty and utility of a development; 3. Where building sites limit plantings, the placement of trees in the parkway or paved areas. Parkway trees shall be of a minimum three inch(3") caliper. Buildings of three (3) stories or more shall have parkway and front and/or side yard trees of a minimum of five inch(5") caliper; 4. The method of screening of service yards, and other places which tend to be unsightly,by fencing,plantings, or a combination of these. Screening shall be equally effective in all seasons and may be accomplished by use of any combination of walls, fencing or plantings; 5. The enhancement of parking areas and traffic ways with landscaped spaces containing trees and tree groupings and low shrubs or ground cover; 1 �• 6. The use of unobstrusive exterior lighting to enhance the landscaping; 7. The use of landscaping materials and lighting which have low demand for annual maintenance. E. Landscape Plan: A detailed landscape plan shall show: 1. Location of existing plant materials to remain and those to be removed; 2. Designation of parkway"street trees". Existing parkway trees shall be preserved and protected during construction; 3. Scientific (genus-species) and common names of proposed landscape material and proposed quantities and sizes of same; 4. Landscape materials other than plant materials shall be designated in detail. The landscape plan shall be prepared by a landscape architect or qualified nurseryman in accordance with the criteria set forth in subsection D of this section. The plan shall be signed and dated by the designer. F. Site Plan: A detailed site plan shall show: 1. Exact location of the building(s) or structure(s) on the site; 2. Exact location of drives, walks,parking areas,parking layout, freestanding or retaining walls, fences, and drainage accommodations; 3. Elevations showing all sides of the proposed structure. Elevations should indicate the type of materials to be used on the structure as well as their proportions; 4. Existing grades or topographic details to be retained and proposed grading; 5. Location of utilities. (Ord. G-272, 11-11-1980; Ord. G-695, 3-26-2002) 13-8-8: ADDITIONAL REQUIREMENTS OF GATEWAY DEVELOPMENT PLAN: In addition to the information required pursuant to subsection 13-8-7F of this chapter, the following requirements must be met prior to the issuance of a certificate of appropriateness: A. Visual Environment: In order to ensure an adequate and pleasant natural environment, a sum of money equal to not less than five percent(5%) of the total project construction cost, as set forth on the approved building permits, shall be budgeted and used by the owners and developers to purchase and install mature sized trees, shrubbery, grass and other suitable landscaping upon the grounds,which budgeted amount shall be expended to comply with the v� provisions of subsections 13-8-7D and E of this chapter. The president and board of trustees may vary from or waive the requirement for such expenditure where such expenditure would cause a hardship on the applicant. Hardship, for purposes of this chapter shall include,but not be limited to, the following situations: 1. Irregular shaped lots where landscaping is not practical; 2. Lots with minimal frontage; 3. Development does not cause any visual impact; e.g., development to the rear of a lot or building; and 4. Those instances where there is an abundance of existing natural vegetation precluding the necessity for further landscaping treatment. B. Public Utilities: All utility lines, including,but not limited to, telephone and electric, in the right of way adjacent to and in the development property shall be placed underground. Underground utility lines shall be placed within easements or dedicated public ways in a manner which will not conflict with other underground services. All transformer boxes and service posts shall be located so as not to be unsightly or hazardous. (Ord. G-272, 11-11-1980) 13-8-9: ACTION BY GOVERNMENTAL BODIES: A. Plan Commission: Prior to making its decision the commission may make recommendations to the applicant as to changes in the exterior drawings, sketches, landscaping, site plans and materials which in the judgment of the commission would tend to effect the general purposes of this chapter. The commission shall make its decision within fifteen(15) days after the hearing is closed and shall issue to the president and board of trustees its findings and recommendation concerning the proposed gateway development plan. If the plan commission recommends denial of a gateway development plan it shall specifically point out such deficiency in its findings. B. Corporate Authorities: The village president and board of trustees may approve or disapprove the proposed gateway development plan or refer the matter back to the plan commission for further consideration. Upon approval of any proposed gateway development plan the president and board of trustees shall issue a certificate of appropriateness as to the approved gateway development plan. (Ord. G-272, 11-11-1980) 13-8-10: IMPLEMENTATION OF GATEWAY DEVELOPMENT PLAN: Upon granting of a certificate of appropriateness,the gateway development plan, including the exterior drawings, sketches, landscape and site plans, renderings and materials upon which said Ac . • • certificate was granted, shall be referred to the director of community development,whose responsibility it shall be to determine, from time to time as the project is in progress and upon its completion, that there have been no unauthorized deviations from the gateway development plan upon which the granting of the certificate of appropriateness was based. (Ord. G-272, 11-11-1980) 13-8-11: EXCEPTIONS TO PLAN PROCEDURES: The requirements of this chapter for submission and approval of a gateway development plan and the issuance of a certificate of appropriateness shall not be applicable to: A. Renovation, restoration and preservation of structures designated by the president and board of trustees as historically or culturally significant; B. Ordinary repairs or interior renovations; C. Renovations or additions to existing single-family detached residential buildings or structures accessory thereto. (Ord. G-272, 11-11-1980) 1�� t)P Oq � xrl § alE! ais��"kEp �Slr " 'g ! , u 314T bP E !P ge 9�eR00K``•y I!E i x ; �� r6 PETITION APPLICATION for PUBLIC HEARING ZONING ORDINANCE: ❑ APPEAL ($300) ❑ VARIATION ($750) ❑ AMENDMENT ($750) ❑ SPECIAL USE ($750) CERTIFICATE OF APPROPRIATENESS ($500) STORMWATER: ❑ VARIATION ($750) PUBLIC HEARING SIGNS ($50-each lot frontage) ® - Enter Number of Street Frontages/Per Parcel Mai. APPLICANT TO COMPLETES ,3 "Itu d I f fi l. . 3 ' .�- i, .x• �,,, d,� ,nip ._.,,: ! 'zr „ LOCATION OF SUBJECT PROPERTY 310a YDrzk KU&N PERMANENT PARCEL NO*.Qb .-,Sle - LOT NO, SUBDIVISION 6--r LEGAL ADDRESS' -2 149 ZONING DISTRICT -Z- ZONING ORDINANCE SECTION 13 -S-7 ,� J- _�- g ACTION REQUESTED a k-- ��>2/ZOl�2-j-i9TE��` - PROPERTY INTEREST OF APPLICANT:r� OWNERS' X CONTRACT PURCHASER AGENT OWNER(S)OF RECORD V =1 Ir��t_all�t y `1r�rr�C t PHONE ,9") - `- °y? � ADDRESS Y o C k k ke 01: CITY Q AV, STATE �_ZIP BENEFICIARY(IES)OF TRUST PHONE ADDRESS CITY STATE ZIP NAME OF APPLICANT(and Billing Information)' T D � N I C- , f HONE ADDRESS a Le 0 CITY Qa� f zu.k_STATE I_ZIP_J,�,C�`�3 Contact Name and E-mail Address(s) /ZDG✓t�S y?�9�L �� ®�B/. ��J�-'� I(we)certify that all of the above statements and the statements contained in any papers or plans submitted herewith are true to the best of my(our) knowledge a belief. I(we)give permission to the Village to install public hearing signs)on the lot fro an„�ac,_n ve subject property as desc'b Village Code. In addition to the above fees,applicant agrees to reimburs i age for publication co within 30 d s of billing. �i3 -o� -/3- Signature of Owner Date 8 ig natu 47TT551 icant Date DO NOT WRITE IN THIS SPACE FOR OFFICE USE ONLY .x�k �:.e`°� .,.t �( � ,r f�z>S�r 3?; � a� � 3r �� ; n� �, y i rr�" i.a '�"ry,� �° C�`��l� "�:. �t,*A.s �Ca y „g s M. � � t� uA 1. w =ER / ,1;y� 4, �y t�.y�y a ^. X 4�y Sac lo i toe .t �feC`r �^ rR° � F tw 21 , "' t3 a 0"111 Y ' T opE a +t_} f it<:, PUBLIC HEARING INFO Packet-3/2006 • LAW OFFICES OF UMEN &.ASSOCIATES, P.C. 1900 SPRING Rona,Sum 501 OAK BRom,II IjNOLs 60523 TTLEPHONE (630)832-6000 FnsCm,& (630)6840243 E-MAIL OBRMNLAW@MSN.COM April 17, 2006 Mr. Robert Kallien Director,Department of Community Development Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 In re: Letter of Explanation, Application for Building Permit for required addition to the York Tavern within the Historic Graue Mill Gateway Area and request for Certificate of Appropriateness Dear Mr. Kallien: Please consider this a Letter of Explanation required under paragraph 5 of the Public Hearing Submittal Documents Guideline you have tendered to my clients, Mr. and Mrs. Vito Moreci, owners of the York Tavern. As you are aware, from my previous letter to the Village attorney dated March 14, 2006, a copy of which was sent to you, my clients have been required by the DuPage County Health Department to expand the kitchen in the York Tavern to meet current minimum health requirements. Additionally, this structure must be brought in compliance with the requirements of the American with Disabilities Act("ADA") and the Village's own Fire Code. Since the York Tavern is a legal nonconforming use under the Village's Zoning Ordinance, I have maintained that these modifications, which are required by law, allow our client to immediately apply for a Building Permit. Without waiving any of my clients' rights and in an attempt to avoid any unnecessary litigation over this matter, our clients are willing to have their plan reviewed by the Plan Commission and the Village Board in an effort to obtain a Certificate of Appropriateness to construct the required addition within the Historic Graue Mill Gateway Area. My clients have engaged a historical architect, Mr. Terry Russell from the firm of LZT/FILLUNG Architects, Geneva, Illinois, to consult with their architect, Mr. Frank Lucchese, in an attempt to present an appropriate design for construction within the Graue Mill Gateway Area, preserve the existing structure, and comply with the requirements of the DuPage County Health Department, ADA and the Village's Building and Fire Codes. My clients are faced with a very short timeframe for the Village to approve their plan, since the DuPage County Health Department has only given them until June 7, 2006 to bring the structure into compliance or the business will be shut down. Therefore,we request expedited handling of my clients' application. The requested Certificate of Appropriateness is clearly within the Intent and Purpose of Section 13-8-3 of the Village Ordinance, which declares that the purpose of the Historic Graue Mill Gateway Area, among other tings, is to "...promote the public health, safety, morals, comfort and general welfare of the citizens of said area..."and "... to encourage and promote the preservation of historical structures...": (Sections 13-8-3 A and E) Section 13-8-4 of the Village's Ordinance does not define "historical structure"; however, one would think that the York Tavern, parts of which date back to the period of the Civil War, would qualify. The Standards or Factors mentioned under paragraph 5 of the Public Hearing Submittal Documents Guideline are not specifically applicable to this application; however, the documentation required for a Certificate of Appropriateness are set forth in Sections 13-8-7 and Section 13-8-8 of the Village Ordinance, all of which have been complied with by my clients' architect and the consulting historical architect and are hereby submitted and incorporated by reference with this Letter of Explanation. Should you require anything additional from me, please contact me at your earliest convenience. Very truly yours, O'Brien&Associates, P.C. By: Wal er J. O'Brien II WJO'B:ss cc: Mr. and Mrs. Vito Moreci President Kevin Quinlan and Members of the Board of Trustees Mr. Frank Lucchese Mr. Kenneth Kubiesa • LAW OFFICES OF UMEN&ASSOCIATES, P.C. 1900 SPRING ROAD,SurrE 501 OAK BRoox,ILLINOIS 60523 TELEPHONE (630)832-6000 FACSII14I u (630)684-0243 E-MAIL March 14, 2006 OBRIENI.AW@MSN.COM Mr. Kenneth Kubiesa Kubiesa, Spiroff, Gosselar, Acker&Kern, P. C. 533 W. North Avenue, Suite 204 Elmhurst, Illinois 60126 In re: Application for Building Permit for the York Tap Dear Ken: Our clients, Mr. and Mrs. Vito Moreci, have been required by the DuPage County Health Department to expand the existing kitchen in order to receive a license to continue operating the York Tap. We have attempted to submit plans, which have been approved by the Health Department, to the Village of Oak Brook's Building Department for their guidance in obtaining a building permit. The Building Department has turned our client's request over to Robert Kallien, Director of the Department of Community Development, who has stated that the required addition to the structure cannot be approved without a hearing before the Zoning Board and the issuance of both a Certificate of Appropriateness and the grant of a setback Variation by the Village Board. It is our position that this Mr. Kallien's opinion does not follow the requirements of the Village's Ordinances. In the first place, I believe our clients and the Village both agree that the York Tap is a legal nonconforming use that has been granted the right to continue operations under Section 13-13-2 of the Village's Ordinance. Although Mr. Kallien's Department does have jurisdiction to control "ordinary repairs and alterations" to nonconforming structures, alterations "required by law" are an exception under Setion 13-13-2 A of the Village's own Ordinance. There is no question that Ms. Sue Kowalczyk, EHS Program Manager of the DuPage County Health Department in her letter of February 27, 2006(a copy of which is enclosed) stated, "It is our understanding that you have been unable to secure the required building and zoning approval needed to begin remodeling. During the inspection on February 20, it was noted that completion of the required corrections could not be accomplished without significant modifications and expansion of the existing building requiring approval of the local building authorities." (emphasis supplied). Without this required expansion of the existing building required by the DuPage County Health Department, our clients' business will be shut down June 7, 2006. Obviously, this is a very serious situation, which we need the Village to assist us with. , e. Given that this is requested addition is "required by law" and; therefore, an exception under the nonconforming Ordinance (Section 13-13-2 A) we believe Mr. Kallien's statements are in Opposition to the intent of this Ordinance. Additionally, since the existing kitchen is located in the Northeast corner of the existing structure, for Mr. Kallien to take the position that the building should be expanded to the West is not practical nor is it what the DuPage County Health Department required. I have enclosed a copy of the floor plan of the addition that was approved by the DuPage County Health Department. As you can see, there is no way to add on to the existing kitchen with a westerly expansion of the building. Furthermore, Mr. Kallien's statement to you that the addition "doubles"the size of the bar area is simply inaccurate. Secondly, the existing structure is a legal nonconforming structure under all overlapping Ordinances of the Village, including the setback requirements. As you can see from the enclosed plan, the addition does not further encroach on the existing building line. In fact, the proposed addition is further back from York Road than the existing structure. Lastly, since the required addition is being requested to comply with the County Health Department regulations, the American with Disabilities Act ("ADA") and the Village's own Fire Codes the approval of this addition also falls outside the application of the Historical District Ordinance. This Ordinance in Section 13-8-5 clearly states that its applicability "shall be in addition to and not in derogation of any provisions of the zoning ordinance of the Village; provided, however, that where any provision of the said zoning ordinance may conflict with any provision of this Chapter, the more restrictive provisions shall apply': (emphasis supplied) Certainly, compliance with the health and safety codes as well ADA is, in this case more restrictive than the compliance with the terms of the Ordinance dealing with the aesthetic requirements of the historical district. By the way, I have spoken to Mrs. Audry Muschler, of the Fullersburg Historic District, and she and the Foundation have expressed their desire to work with my client in the restoration and preservation of the York Tap. I have enclosed a copy of her most recent letter to me in this regard. Time is really of the essence here. If the Village's Building Department is not going to cooperate with our client in the issuance of the building permit allowing for these required improvements to the structure, I really need to know as soon as possible. Thank you for your attention to this matter. Very truly yours, O'Brien& Associates, P.C. By: Walter J. O'Brien II cc: WJO'B:ss Enclosures cc: Mr. and Mrs. Vito Moreci Mr. Frank Lucchese President Kevin Quinlan Mr. Robert Kallien Gateway Development Plan -Supplemental Information The applicant hereby request an Issuance of a Certificate of Appropriateness under Section 8 (Sections 13-8-7 and Section 13-8-8) of the Village of Oak Brook Zoning Ordinance to permit constriction (renovation and addition) and landscaping in compliance with the Historic Graue Mill Gateway Area for the York Tavern located at 3702 S. York Road. The applicant has f led the following documentation to justify the issuance of such Permit. 1. Topographic Survey with Legal Description - P° i 2. Site Plan -PA r-c P 3. Landscaping Plan; Ground Sign Design ---- p a yt M. 4. Exterior Elevation and Colored Renderings - P464!rn.- Al- S. DuPage Health Department Approval v t'AL c's- <,07 The site planning, landscaping and architectural concept is planned to accomplish a desirable transition from the existing York Tavern to the proposed addition by means of placing the new addition north and west of the existing building. This will allow the original York Tavern to retain its visual dominance when view from York Road. The overall challenge from an historic/preservation standpoint is the placement and massing of the new addition so that the historic portion is easily identifiable, while at the same time be sympathetic to the original design details so that the new addition appears compatible when viewed in context with the existing York Tavern. The will be accomplished by means of texture, matching size and profile of existing siding, trim and windows, in addition, the introduction of street scape, landscaping(presently non-existing) and parking areas. The landscaping design treatment shall enhance both the historic aspects of the existing building and new addition; while enhancing parking areas with landscaping islands with trees. The landscaping adjacent to and surrounding the existing and new structures will be developed with low landscaped retaining walls, tree groupings and low shrubs/ground cover. a. The setback of the proposed addition is not within the required front year 100'setback b. The treatment of the parking area is based upon "screening"the views from York Road on the east and Wennes Court on the north by means of landscape C. Provide underground electrical service; remove overhead service from York Road. d. The mechanical equipment for the exhaust hood will be screened from public view at the roof;the on grade equipment such as a/c compressors and cooler compressors will be screened by landscaping. e. The "trash dumpster"shall be enclosedlscreen from public view by means of a fence, gate landscaping. f. The ground sign shall be provided with the historical "logo"symbol. h. DuPage Health Department has approved the proposed food service equipment layout. LZT/Filliung Architects D XT-J—s n ii s b ifT Larson 8 Darby Group p A ' 3 20 April 11, 2006 PR 1 0L Lii44:iZ-JL Vi:IN �Cj'T l LTD'D Mr. Robert L. Kallien, Jr. ARCHITECTS Director of Community Development Village of Oak Brook ENGINEERS Department of Community Development 1200 Oak Brook Road Oak Brook, IL 60523 PLANNERS RE: Restoration/Expansion of the York Tavern Offices In: Rockford, Illinois Dear Mr. Kallien: Peoria,Illinois Chicago, Illinois I have been retained by Mr. Frank Lucchese to assist with the restoration and Glen Ellyn, Illinois expansion plans of the York Tavern. As you may recall, I was the restoration Geneva,Illinois architect for the nearby Frederick C. Graue House several years ago. During the past several weeks, I have met with Mr. Lucchese and Mr. Vito Moreci, the Tavern's current owner,to discuss the plans for the proposed addition/renovation of the building. Last Friday (April 7), after several of these meetings, Frank and I met with Ms.Audrey Muschler(Oak Brook Historical Society) and Ms. Jean Follett to present our initial ideas and thoughts as well as to gather input from their perspective on how to approach this project. The overall challenge from an historic/preservation standpoint is how to expand this building functionally and still leave enough of the existing structure intact so that the historic portion is easily identifiable from the addition, while at the same time being sympathetic to the original design details so that the addition appears compatible when viewed in context with the existing building. The following items listed below were agreed upon by the group as the best way to accomplish this goal. 1. The building addition will be placed to the north and west of the existing building. This will allow the-original building to retain its visual dominance of the site when viewed from York Road. 2. Two small 20'"century additions, the airlock on the south and the block masonry store room on the east will be removed in their entirety. This will allow the east elevation to be restored to its 19"' century appearance and the south elevation to be returned to its early 20'" century appearance. The exposed portions of the west and.north elevations will receive similar restorative efforts. It was suggested and agreed that the original style, size and locations of the 9 over 6 windows be maintained where visible. This would include locations behind the existing bar. 324 W.State Street,Geneva,IL 60134 Tel 630-232-0551,Fax 630232-4150 LZT/Filliung Architects Larson&Darby Group Page 2. 3. The group agreed that the proposed building addition will be ARCHITECTS constructed of the same materials used to restore the original structure. Historic window details, trim profiles, siding dimensions and roof pitches will be replicated. The roof pitch on the north roof of the addition will be ENGINEERS reduced intentionally to keep the ridge of the new roof lower than the ridge of the existing building in order to emphasize the historic portion and to allow for a concealed cut out in the roof where the kitchen PLANNERS exhausts can be screened from view. A covered porch on the addition will provide a new accessible entrance to the building. Offices in: Rockford, Illinois 4. Frank reviewed general site issues with the group. It was discussed Peoria,Illinois that the existing lot will be repaved in its existing configuration and the Chicago,Illinois landscaping will be increased to meet current standards. Pedestrian Glen Ellyn, Illinois paths to the door will be a combination of hard fired brick pavers and Geneva, Illinois blue stone slabs. 5. The group spent some time discussing the interior design. The challenge here is to determine ways to preserve the best of the current atmosphere while skillfully blending in much needed improvements. It was recommended to the Owner that the existing memorabilia be retained and reused and the front of the bar be salvaged and reinstalled. Nothing from the original 1840's interior remains. Most of the current finishes date to the mid 20'" Century. At the conclusion of the meeting, the approach to the restoration/expansion was agreed to based on the drawings presented and the changes that were recommended as a result of our discussion. If those present find any additions or revisions to these minutes, please contact the undersigned. Sincerely yours, Terence Russell, AIA Partner Jla cc: Frank Lucchese Ms. Audrey Muschler, Oak Brook Historical Society Ms. Jean Follett Mr. Pasquale Moreci 324 W.State Street,Geneva,IL 60134 Tel 630-232-0551.Fax 630-232-4150 �'' • 0 1 DuPage County Health Department North Public Health Center ! 1111 West Lake Street Addison,IL 60101 Telephone: (630) 620-3325 Fax: (630) 543-9276 www.dupagehealth.org February 27`h, 2006 Vito &Mariana Moreci R E York Tavern 3702 York Road MAR - 6 2006 Oak Brook, Illinois 60532 90MMUNITY DEUELOPNIE ;'f Re: Food Establishment Permit#63745 - • - -- Dear Mr. &Mrs. Moreci: On February 24`h, 2005 our Department met with you on site at the York Tavern to discuss the status of the facilities food service permit. At that meeting ,we reviewed the violations of the Illinois Food Service Sanitation Code and the'Dupage County Food Service Ordinance first noted during a change of owner inspection conducted by our Department on April 26, 2004. In September, 2004,you submitted plans to remodel the facility to address those violations and bring it into compliance with current construction requirements. On June 7`h, 2005, you obtained approval of those plans from our Department. However to date, construction has not been initiated and the violations are still present. During this time,the establishment has been operating under a conditional permit pending completion of planned renovations. It is our understanding that you have been unable to secure the required building and zoning approval needed to begin remodeling. During the inspection on February 24`h, it was noted that completion of the required corrections could not be accomplished without significant modification and expansion of the existing building requiring approval of the local building authorities. At the meeting, you were notified that your plan approval and conditional permit status expires on June 7`h, 2006. After that date, you will not have a valid permit to serve food or beverages and must cease operations . If you obtain the required zoning and building approval prior to this date, you must cease operations during the construction process and apply for a new annual permit.after inspection and approval of the work. Any changes to the plans you have previously submitted must receive advance approval from our Department. If construction is not initiated prior to June 7`h,2006, it will be necessary to resubmit plan review documents and fees before any foodservice construction can be done at this site. DuPage County Health Department York Tavern letter February 27th, 2006 Page two I have enclosed a typed copy of the original change of ownership inspection and plan approval letter for your review. If you have any questions about this information,please contact me at(630) 682-7979 Ext. 4620. Sincerely, Sue Kowalczyk, LE 9, MPH EHS.Prograni.Manager Enclosure: Typed Summary Inspection April 26, 2004 Plan Approval letter June 7"'2006 CC: Bruce Schroer,EPHC Supervisor Bryan Lee, Area Sanitarian Sara Burton-Zick, Sr. Plan Reviewer Walter O,Brien, Attorney At Law Frank Lucchese, Architect Robert Kallien, Director Oak Brook.Community Development Don Hastings, Village Of Oakbrook Building Department Peg O'Connell,Village of Oak Brook l � G' DuG g a County ealth Depa0hent tY Central Office 111 North County Farm Road Wheaton,IL 60187-3988 P1anReview Telephone:(630)682-7400 Fax:(630)462-9463 # www.dupagehealth.org June 7, 2005 County Tracking TO# Pasquale Moreci 487 Spring Road Elmhurst, IL 60126 Dear Pasquale: PLAN APPROVAL FOR: York Tavern located at 3702 S. York Road, Oak Brook, IL The plans dated March 15, 2005, for the above food service facility have been approved by this Department. This plan approval is dependent upon incorporating the items noted from the attached itemized list onto the plans, (see enclosure). The following inspections are required: • Underground plumbing installations (as it pertains to the food service equipment). • Pre-final inspection. Without approval from the DuPage County Health Department,food and drystock cannot be received into the establishment. • Final inspection. The establishment must also receive the final inspection prior to opening. A certificate of occupancy can then be obtained through the municipality. Allow 72 hours advance notice to be given when scheduling each inspection. .Any further changes to the plans or the plan review form must receive advance approval. If you have additional questions and/or.to schedule inspection(s), please contact me at 630-682-7979, extension 7197. Sincerely, Gage Rosti, L.E.H.P. Plan Reviewer Environmental Health Services GR:gc Enclosure: Reminder List, Attachments cc: Don Hastings, Village of Oak Brook, Building Department Bryan Lee, Area Sanitarian, East Public Health Center ..__ . . ... ., ,.. ., lam► 31 06 07: 29a Geor a Zick 8477410244 P• 1 Mar 29 06 02:59P Pr ucchese 630-8 474 P•2 &AMEND 6 Tv : �� PIC a yes Lr l3k.01 Y ❑ �, .. �� i ;R. � \/X��`'(P�MSS �/�1'1/1� ��.'W • ! _- 0 t5 ub j � 1T F-moH ib* A L tit LOIN • - s V. A lick _ __ . . r.. Mar 29 06 02:81 Frank Lucchese 630-833-0474 V es - j- .w PA r I _ p 41% • � fE d ldl- �-° �•�• � x`o� .• �ter. � �e � lit luml 7 X36'b5 •. \ _. .._._.�..__. _ R c GdY 1we, i1 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 S�� Q 44 (Attach additional sheets if necessary) A PUBLIC HEARING INFO Packet-3/2006 Ms.'Alice Song and Julia Mr. Laurence He or Owner of Record 11868 Westminister Court • 413 Luthin Roa Aloma Linda, CA 62645 Oak Brook, I160 Mr. Gary Kroncn or Owner of Record Mr. Wayne Hummer or Owner of Record 418 Luthin Road 419 Luthin Road Oak Brook, 1160523 Oak Brook, I160523 Mr. and Mrs. Raymond Peterson or Owner of Record Mr. Charlie Zhang or Owner of Record 412 Luthin Road 425 Luthin Road Oak Brook, I160523 Oak Brook, I160523 Mr. and Mrs. Edward Cladek or Owner of Record Mr. and Mrs. Ali Nili or Owner of Record 408 Luthin Road 511 Wennes Court Oak Brook, I160523 Oak Brook, Il 60523 Mr. and Mrs. James Svoboda or Owner of Record Owner of Record 402 Luthin Road 522 Wennes Court Oak Brook, I160523 Oak Brook, I160523 Mr. and Mrs. Jeffery Bulin or Owner of Record Owner of Record 320 Luthin Road 523 Wennes Court Oak Brook, Il 60523 Oak Brook, 1160523 Mr. David Escarraz or Owner of Record DuPage Forest Preserve 316 Luthin Road Street Address: Oak Brook, I160523 3 S 580 Naperville Road Mr. and Mrs. Gary Shorter or Owner of Record Wheaton, IL 60187-8761 314 Luthin Road Or Oak Brook, I160523 Mailing Address: Ms. Dorothy Retzel or Owner of Record P.O. Box 5000 3610 York Road Wheaton, IL 60189-5000 Oak Brook, I160523 Litvay Family Trust or Owner of Record Oak Brook Park District 3622 York Road 1450 Forest Gate Road Oak Brook, Il 60523 Oak Brook, Illinois - 60523-2151 Dr. and Mrs. Girgis 506 Wennes Court Oak Brook, Il 60523 224.6 MEDITERRANEAN PARTNERS, INC. LASALLE BANK NA DBA THE YORK TAVERN 2-501710 3702 YORK ROAD OAK BROOK,ILLINOIS 60523 3 m 0 w 'm PAY **** FIVE HUNDRED &0/100 DOLLARS DATE AMOUNT c TO THE **500.00 8 ORDER OF 04/12/06 $ v w 9 7 u c a VILLAGE OF OAK BROOK 1200 Oak Brook Road LL Oak Brook, IL 60523 AUTHORIZED SIGNI; E 11300 2 24611' 1:0 7 1000 50 5l: 5 20 15 784 7 211' 2247 MEDITERRANEAN PARTNERS, INC. LASALLE BANK NA DBA THE YORK TAVERN 2-50/710 3702 YORK ROAD OAK BROOK,ILLINOIS 60523 Ji A m C 0 w PAY ****ONE HUNDRED &0/100 DOLLARS DATE AMOUNT TO THE ORDER OF 04/12/06 $ **100.00 u c VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, IL 60523 Z, AUTHORIZED SIGNATURE 1180022L. ?"' 1:0 7 1000 50 5': 5 20 15 784 7 211' If CHECK $ CHECKS $ CASH INV k DATE NAME G.L.ACCOUNT If DESCRIPTION NUMBER INVALID VILLAGE OF OAK BROOK SIGNATURE WITHOUT 'P o, DEPARTMENT OF COMMUNITY DEVELOPMENT B 15488 O � 1200 OAK BROOK ROAD r OAK BROOK, ILLINOIS PHONE: (630)990-3045 low 7kaKk RETAIN THIS RECEIPT FOR YOUR RECORDS Subj&t Property VerificatJ& (Complete a separate form for each P.I.N.) 1. Permanent Index Number (P.I.N. from Real Estate Tax Bill): 3 G tI Q 2. Common Address: 3"1 b Q A b C r kDa-6 Doak gra)k IL L-05;A 3. Type the Complete Legal Description Below. (Attach a separate page if longer than the area provided) 4. Email the Legal Description to anolanekCaD-oak-brook.org LOT 5 IN WENNES SUBDIVISION OF PART OF THE SOUTH 1/2 OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 21, 1962, AS DOCUMENT 33493, IN DU PAGE COUNTY, ILLINOIS. COMMON ADDRESS: 3702 YORK ROAD 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: el�✓%SS�/ Date called: _ -/3 (P4 DuPage County Clerk's Office- Revenue Department: (630-510-3376) Contact Person: - Date called: — r494y 1 verify the information provided above is accurate. Printed Name Signature Date: �,3 ��lo Relationship to Applicant: ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ........................................................................................................................... � �a rx fir.... �„�.,�. ,T,b"��'�r a•'�'��:.. �:;. � r a ��s°q 3 ,��".':'. „��a �'" E�� " r�a.r �^,,y�t xk?� p � �r�sj g 3��ur��r'e�'�� .R`.€3 �a Fa,: � ' .<�.: ,..^g� � fir, z y �,s�•�'� �"�"�` s.,a:. PUBLIC HEARING INFO Packet-3/2006 . Certification • Surrounding Property Owners I (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. I (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. U till -t M.AV-to"NA MDR-C.C, [�✓�t' D�ZEe;i Printed Name of Owner Print A licant Signature of Owner Date Signature of Applicant Date 8► � ra 1NF IRMA r�a�► Print Name/Company Contact Person Contact Phone 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. PUBLIC HEARING INFO Packet-3/2006 'GE OF 04kB9 • GENERAL RMIT APPLICATION VILLAGE OF OAK ROOK Permit No. 1 200 OAK BROOK ROAD • OAKBROOK, ILLINOIS 60523 Date Issued 'cF Don NT'A'\*" 630/990-3045 �Q1/� ��A/ Application is hereby made for address ;70 2 Suite/Floor Lot# 5 Subdivision Tax Parcel No. Residential New Non-residential Add/Alt/Acc - 'A - Other Zoning /'` (i Lot Area y, a q' 8 41- 5�, Total Estimated Cost$ ADDRESS(sTREET&TOWN) �� PHONE Tenant 0- CDll�7� �1/�1,� � 207 Owner ,/� Architect LG�GG 1 s�. 5oc. /Z (�, Vui ,�GLf/ew'I Gen.Contractor Excavator — Concrete Carpenter >t Electrician Plumber Sewer 'k Heating �k Brick Roofer --�-�- i��tv1� V (J No.of Stories / No. of Bedrooms Type of Construction I . 2 JV 25 5F Square Feet �� SFd�y�55 Height 2 T< �� Cubic Content qi No.of Plumbing Fixtures: Lavatory Bathtub °— Shower Laundry Tub�_ Sink Toilet �✓ Floor Drains 7 Type of Heating g_ `/ow No.of Heating Units Type of Air Conditioning 5kz' G� r�BSS�✓ No.of A/C Units Owner/Agent I Hereby Certify The Above Information is True Signature Date And Correct To The Best Of My Knowledge. Address Phone City State Zip Contact Name Phone/Cell # (Please Print) � Accoun ting Code OFFICE USE ONLY AMOUNT APPROVED 4210 Structure $ 4212 Plumbing Plan Review Date 4211 Electrical Plan Review Date 4301 Elevator Inspections E4216 Inspection Fee Accessory Structures (pools/fences/signs/driveways) HVAC RA:n.. I innnoeo and Dnrmifc 4"Limestone Cap - StolJe - -•�-• - 1- r �a r 4-Ledge , =� I Elevation Yz.,=1=o" 4"Limestone Cap 1 r 1 A ' rPlan �z"_1'-DGround Sign x 6=0"x 2'-6"high(15 s f.);Stone Faced Ground Sign with 9"Upper &6"Lower Raised Poly Ejection Molded Letters For (York Tavern); S"Upper&3"Lower Raised Poly Ejection Molded Letters&Numbers for (3702 YorkRoad). ® Set Stone into 4"Concrete Ledge;No Exposed Concrete Foundation To Be Seen. El- El Historic o Synth ol:Plaque sball be attached on each side of the 12" LO Ground Sign Electrical Ground Sign-provide circuit from timer/service panel to ground up light fixture. Landscaping Area to extend 36"around perimeter of all sides of ground sign 4 t . r. - a� • rdM• _az LL A t j - ,;,;rrr Aw f�YF•AP ,vr Y a. � F ui , F/r j1 �N �r �#gip. ( ! ' 41 JJ } 4 4 i s� / ,.. ,•#� � �� a i, t `� it ',� t��•': t f a I E $1 9 MLLr s � y y t4k� a T t�£i g € �" x'•r: Y '� N .it-3 } €"fie "� &f I a +'&4i taro Aft .,A M tea e � � �• �. a w..- #'e x� � �., fps � �\�� ""^� �F� s � i a � gam,. e e�:: �� 3 •I''.i � � �",� .��g • A c "a s y� t a sM� Y , e 1 r d .. t a n a N YA a A ef r m `: d< ` � .... 4t. INC < < w y a�''`��,.,^ ,"tea' � .�� c. t�, �e+�a�•o �� 'M '� { p � �.vg € y �l ' aAxwiNA � f "'gym � uY_�,,a-•"^ �'3 s4g- emwi ' Rear View Looking Southwest _