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Minutes - 02/03/2004 - Zoning Board of Appeals1 2 3 9 MINUTES OF THE FEBRUARY 3, 2004 REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON APRIL 6, 2004. CALL TO ORDER: The Regular Meeting of the Zoning Board of Appeals was called to order by Acting Chairman Mueller in the Samuel E. Dean Board Room of the Butler Government Center at 7:32 p.m. ROLL CALL: Gail Polanek called the roll with the following persons PRESENT: Acting Chairman George Mueller, Members Robert Sanford, Manu Shah, and Steven Young ABSENT: Chairman Champ Davis and Member Richard Ascher IN ATTENDANCE: Plan Commission Chairwoman, Barbara Payovich APPROVAL OF MINUTES: REGULAR ZONING BOARD OF APPEALS MEETING OF JANUARY 6, 2004 Motion by Member Young, seconded by Member Sanford, to approve the minutes of the January 6, 2004 Regular Zoning Board of Appeals Meeting. VOICE VOTE: Motion carried. NEW BUSINESS: A. THE CHEESECAKE FACTORY — SPECIAL USE — 2020 SPRING ROAD - OUTDOOR DINING ADJACENT TO A RESTAURANT Acting Chairman Mueller swore in the Petitioners, Lynn Gaede, Project Manager with the Development Department of the Cheesecake Factory and Larry Beck, TRM Architects, Buffalo, New York. Ms. Gaede reviewed the requested special use and said that one of the concerns of the Plan Commission had been that there was not adequate protection for the patio dining area from the traffic that runs along the ring road. The Plan Commission recommendation of approval of the special use was conditioned on providing an engineered barricade that would provide sufficient protection of the patrons. The Oakbrook Center has VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1 of 6 February 3, 2004 CALL TO ORDER ROLL CALL MINUTES NEW BUSINESS CHEESECAKE FACTORY 2020 SPRING ROAD SU- OUTDOOR DINING approved the changes as well as the Village Engineer. They have submitted a detailed plan. In order to provide the protection required, they removed the proposed landscaping located along the outside of the seating area and placed planters that have been designed to a very high specification that will be anchored into the ground with a bollard that will be the main deterrent to withstand the impact from a car. The 36" planters are located six feet on center so there is only about three (3') feet between the planters. They are proposing to also get pedestrians off the curb so they have moved the sidewalk three feet away from the curb to provide a little more comfort to those walking on the sidewalk so they do not feel they are right next to the traffic. This has all been provided in lieu of the railing that was previously proposed. Larry Beck said that the planters serve a two -fold purpose. Besides being a psychological barrier of being a massive piece of concrete, the planters are designed to absorb the kinetic energy of car as well as provide a static resistance. The planter itself is energy absorbing just by its mass and the soil inside. Member Shah asked why the foundation was not concentric with the planters. Mr. Beck responded that the reason it was not concentric was to provide greater mass of soil in front that serves as the kinetic energy absorbing materials so that the planters end up sacrificial. As a vehicle would hit them, the planter can break and the soil helps absorb the kinetic energy and the bollard serves as a backup. Member Young asked the depth of the bollard into the sidewalk. Mr. Beck said that the concrete goes 4 feet into the ground and the bollard itself goes 3' -6" deep. Member Young asked if anything was being added to the sidewalk to help support the force of impact. Mr. Beck responded that they have a fairly substantial concrete base under the bollard that is two feet in diameter that enforces the bollard. The bollard itself is a concrete poured steel pipe. The height is above the bumper of anything other than perhaps a Hummer. The primary barricade is the soil and the planter itself. The bollard is a static backup. This has been designed according to the Department of the State standards that have been designed along the same lines as those used by the United Nations and a lot of Embassy's, etc. Member Shah questioned how it would be installed. Mr. Beck responded that bollard would be installed first and then there would be a hole in the bottom of the planter. The planter would go over the bollard and then a VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 6 February 3, 2004 layer of concrete would be poured inside to secure in place. Member Young asked if there was a possibility of someone circumventing the end planters and going around the bollards and hitting a patron. Mr. Beck answered that there is always that possibility if it would be intentional. From an accident standpoint a vehicle would need to jump a six -inch curb and there is a substantial distance before they would get to the railings, so there should be enough distance for someone to brake. Lexi Payovich, Plan Commission Chairwoman, 33 Yorkshire Woods, said that she understands that the Village Engineer has reviewed and approved the proposed changes. She said that this item caused the Plan Commission concern. She said that she was delighted that the plan addressed their issues. Member Young said that the petitioner has done a better job than most state and federal facilities. The Mercantile Exchange has lighted bollards in front of the building and the Federal Building has bollards in front of them. He asked if the bollards are spaced adequately to allow a wheelchair to access through them. Mr. Beck responded that the planters have a 3- foot clear space in between the planters which would allow access. The planters have been designed to discourage people from parking there and dropping someone off, because they would bang the car door on the planter. They have been designed to encourage people to drive over by the valet parking area. Lynn Gaede reviewed the special use standards. 1. Is of the type described in subsection Al of this Section is deemed necessary for the public convenience at that location. They propose to have an outdoor dining patio adjacent to the restaurant to provide a pleasant alternative to indoor dining for their customers who enjoy eating outdoors. 2. Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected. They have proposed a patio dining area that is accessible from the interior of the restaurant only. Gates provided in the enclosure will be for exiting only. They propose to provide a railing/grill enclosure with 2 inch square steel tubing 2' -6" on center, set into a gallivanted steel sleeve core grilled through a 6" concrete slab and stone paving and set in stone. Service stations will be provided and protected by CMG walls finished with tile. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 6 February 3, 2004 The flooring of the patio is to be stone and the drains are to be provided for easy cleaning of the patio. A row of planters engineered to act as a traffic barricade will be provided between the patio and a five foot sidewalk and the adjacent roadway. The patio as submitted is designed and located and will be operated to protect the public health, safety and welfare. 3. Would not cause substantial injury to the value of other property in the neighborhood in which it is located. The outdoor dining does not face in near proximity and other neighbors and is on the opposite side from the hotel. The patio materials and furnishings are of high quality, durable, and have been designed to provide an attractive complement to the exterior of the restaurant. The patio as designed and located will not cause substantial injury to the value of other property in the neighborhood in which it is located. Ms. Gaede reviewed and revised the special use conditions as follows: The dining area will be operated in accordance with the rules of operations as follows: a. The dining area will be set up between April 1 and April 15 and shall be removed on or before October 15 of each year. b. There will be 80 seats in the outdoor dining area. The pad of the restaurant is remote from the mall and other restaurants and is on the side facing away from the hotel. In addition, the size and the location of the pad and the landscape buffer area around the patio allow the seating to be completely out of the public way. C. Since the restaurant is remote from the mall, the design of the railing should be consistent with the restaurant building. The design is a custom fabricated painted metal and was submitted with the petition. d. The emergency egress gate shall open out only and be three (3) feet wide. e. There will be a sign on the side of the building above the patio, but no signage or banners will be placed within the patio enclosure. f. The public sidewalk is completely outside of the patio area and is separated from the ring road by a row of planters designed as barricades. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 6 February 3, 2004 g. The restaurant will be responsible for maintaining and cleaning the outdoor area and shall comply with all applicable requirements of the DuPage County Health Department. h. There will be a minimum of a five (5) foot sidewalk with a row of planters engineered to act as a barricade to traffic. There are no other stores or restaurants on this pad and the sidewalk will be used exclusively by the Cheesecake Factory customers. i. There will be no live music, dancing or other entertainment in the area. j. Access to the outdoor dining are shall be through the restaurant only. k. A waiter station will be installed with self - contained water and electricity to facilitate service to the outdoor tables. This station will be covered and locked during non -use. The outdoor seating is not located on the sidewalk and has no up lights. The decorative lamp posts around the perimeter as part of the railing lights are part of the general building design and also provide lighting for the landscaping outside the patio as well. Acting Chairman Mueller said that the Zoning Board of Appeals was in receipt of the Plan Commission recommendation, which recommended approval of the proposed special use unanimously, by a vote of 7 to 0. Their approval was conditioned upon the following which have been reviewed by the Zoning Board of Appeals: 1. The petitioner has provided a safety barrier that has been engineered to protect the outdoor dining patrons of possible vehicular conflict from traffic on the ring road. A cross - section of the structural barrier is on page 14 of the case file. 2. Revised plan dated January 29, 2004 on page 12 of the case file. 3. The modifications have been approved by the Oakbrook Center. 4. Conditions of the special use as testified above. Member Young moved, seconded by Member Shah that the applicant has addressed the required standards to recommend approval of the special use as presented with the conditions of the special use as revised. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 6 February 3, 2004 Y / 5 W ROLL CALL VOTE: Ayes: 4 — Trustee Shah, Sanford, Young and Mueller Nays: 0 - None Absent: 2 - Chairman Davis and Trustee Ascher. Motion Carried. OTHER BUSINESS: There was no other business to discuss. ADJOURNMENT: Motion by Member Sanford, seconded by Member Young to adjourn the meeting at 7:53 p.m. VOICE VOTE: Motion carried. ATTEST: Robert Kallien, Director o ommunity Development Secretary VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 6 of 6 February 3, 2004 OTHER BUSINESS ADJOURNMENT