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Minutes - 04/01/2003 - Zoning Board of AppealsVILLAGE OF OAK BROOK ZONING BOARD OF APPEALS MINUTES April 1, 2003 L CALL TO ORDER The regular meeting was called to order at 7:32 p.m. MEMBERS PRESENT: Chairman Members MEMBERS ABSENT: Member ALSO PRESENT: Village Trustee A quorum was present. IL APPROVAL OF MINUTES Champ Davis George Mueller Robert Sanford Steven Young Ayesha Zaheer Richard Ascher Manu Shah Alfred Savino Member Mueller moved, seconded by Member Sanford to waive the reading of the November 5, 2002 Regular Zoning Board of Appeals meeting minutes and to approve them as amended. VOICE VOTE: All in favor. Motion carried. Ill. OAKBROOK SHOPPING CENTER — TEXT AMENDMENT AND SPECIAL USE — SPECIALTY RETAIL PROGRAM Chuck Fleming, Vice President, General Manager of the Oakbrook Center introduced the following people who will be taking part in the presentation this evening: Danielle Cassel, Attorney, Piper Rudnick; Susan Houck, Regional Manager, Retail Marketing, The Rouse Company (ownership of the Oakbrook Center); and Suzanne Beres, Marketing Manager, Oakbrook Center. They are seeking text amendment and special use approval for the creation of a specialty retail program in the common areas of the shopping center. They are trying to create a program that will enhance the existing shopping center experience for the customers and to compliment the existing tenant mix. They are going to do that by introducing the following factors into the common areas; casual food, unique merchandise, product promotions and displays and entertainment. Their goals in this project are: • To preserve the existing landscaping and gardens that exist throughout the shopping center; • Keeping up with the uniqueness of the shopping center, recognizing that Oak Brook has set itself apart from its shopping center neighbors; • Recognizing the architectural environment that currently exists, the understated elegance of the shopping center and making a program that would be compatible; and • The vital existence of the shopping center and its financial success is to provide new forms of revenue, which will have impacts on taxes. ZONING BOARD OF APPEALS Minutes ZBA- MTG.2003 -APR 1 j-t-'e- April 1, 2003 They have developed a program that will stay within the shopping center as if it were an enclosed shopping center. The program has two phases. The first phase is one that they would like to get started as soon as they get approvals from the Village. They may be able to have certain elements of it open and running later this year. The second phase will be dependent upon the success of the first phase. Danielle Cassel, Attorney said that they are seeking both a text amendment and a special use. The shopping center is zoned B -2 and is the only land in Oak Brook with that zoning. They are seeking an amendment to the text that would be applicable throughout the Village. Over the last 40 years, the B -2 designation has worked very well. As the center has evolved the village has worked with the owners and developers to adjust those regulations and grant other text amendments similar to what they area seeking. In 1996, the prior owners of the mall were interested in introducing, on a smaller and slightly different scale, a kiosk program in the common areas. It seemed that the 1996 approvals were a very close precedent that they should follow. They have provided a draft of the proposed text amendment and special use. Mr. Fleming said that Phase 1 of the program has five major components. Food Pavilion — Is a permanent structure that will be leased out to a food vendor. It will be made of glass and metal materials, with a natural look. The location has been moved from the turn- around area by the Professional Building to where the Express store is located. After several meetings with the Plan Commission, they decided it was moved for safety concerns. They envision it with sliding glass doors where the vendor and customer will be able to step inside. The structure will be 20 feet x 15 feet. The glass doors will be open during good weather and closed during the winter and inclement weather. There will not be any sit down areas inside, the food will be "carry and go." Water sewer and electricity will be brought to the facility. The tables and chairs outside the structure will only be out during times when weather permits. During the off season, they will be put away. The vendors will sell items such as coffee, tea, hot chocolate, soda drinks, sandwiches and pastries. The structure will meet all local building and health codes. In order for the structure to be built, the sodded area will be removed and they will landscape around the structure so that it is complimented. The disruption to the existing landscaping will be minimal. The site was also chosen due to potential queuing. If there area a number of people that want to use it there is plenty of area to allow people to wait in line and will not be disruptive to normal shopping traffic flows. Kiosks — Page 16 -5a. These are smaller walk -up structures. They will be 7 feet by 9 feet. The vendor will be inside and the customer will be on the outside. It will be made up of mostly glass, metal and materials that not only compliment the shopping center, but are weather sensitive. Three locations have been picked. The structures will have sewer, water and electric brought to them and they will comply with all local building and health code requirements. From these structures, they are talking about serving hot dogs, French crepes, Italian ice, bagels and sandwiches, smoothies, yogurt, fruit, muffins and probably cookies -- things that are easy to carry. The customer then can sit at one of the benches or around one of the fountains to consume their food purchase. Mobile Units — These are self- contained portable carts containing packaged foods. However, these carts will not be out during the winter months. They will be stored in a storage space during the winter months. They are would like to have tables and chairs located around the units. The unit will only need electric. They will be smaller (3x5 feet) and designed in such a way so that they are architecturally compatible with the rest of the shopping center. This unit is similar to what they envisioned to use back in 1996. They are looking at having packaged ice cream, beverages and other types of packaged foods. ZONING BOARD OF APPEALS Minutes ZBA- MTG.2003 -APR 2 r April 1, 2003 Retail Merchandising Zones — They are looking at this as a way to sell high profile product lines in carts. They have selected two areas where they will create a selling area. They are requesting 12 carts, and they will split them into a couple of areas. The first area is by the Professional Building where the cross canopies have been installed. 5 carts will be placed in this location. The other location is the cross canopy between Crate and Barrel and L'Occitane . The carts will only be out during the non - winter months and will be stored during the winter. They will only require telephone and electric. The carts will have small awnings across the tops so that there will be some protection from sun. In the evening, the canopies will fold down and will be the security for the merchants to store their merchandise. • Cart Materials — The construction will be of material currently found at the shopping center. They have tried to use more natural looking woods and colors. They want the units to blend in with the natural setting of the park -like atmosphere. Suzanne Beres, Marketing Manager for Oak Brook Center has been with the Oakbrook Center for over 5 years over seeing all of the marketing efforts over the Center and will be responsible for the leasing of the Retail Merchandising Carts (RMU). They visualize that the merchandise will enhance the shopping experience for the customer to give them unique gifts that may not be found in their inline stores, but compliment the merchandise mix that they currently have. They seeking unique shops, boutiques small and business owners that have a product fitting with Oakbrook Center. It will give them a chance to expand their business as well as enhance Oakbrook Center's tenant mix. They are looking at such products as hand crafted handbags, hats, garden accessories, children's toys, kites and other things of that nature. They have certain standards and criteria that will be followed. It will not only control approval of the carts, but signage and how they merchandise their products. Mr. Fleming continued the presentation. Product Introduction Areas — These will allow the Center to develop strategic partnerships with the existing retailers, media sponsors and advertisers that create product introduction, merchandise sampling, fashion advertising and events. They have selected three areas where they believe it can be done without being disruptive to the remainder of the existing tenants and to the customers as they go through the Center. The locations are: sidewalk area near Bloomingdale's (old Saks) sidewalk area near Williams- Sonoma and sidewalk area near the Pottery Barn, Restoration Hardware and Z- Gallery The type of events they are considering would be available to existing tenants, retailers and product vendors that may not be located in the Center. The are looking to enhance and compliment the existing tenant mix and not directly compete with them. They are also looking to put into effect a stringent performance and event criteria manual about what they can do and how they can promote their activities, and how they present themselves on the property. This is more on an event basis and will be available yearlong weather permitting. The type of product displays are luxury displays, fashion shows, fragrance sampling and garden shows. They want to give the customer something that they have not seen at other places or in other shopping centers in the area. It will be on an event -by -event basis. Ms. Beres said that the Center already has three signature events. They are the Fathers Dax Classic Car Show that will be celebrating its 36th year, the Invitational Craft Exhibition celebrating its 40t anniversary and the Invitational Fine Art Exhibition celebrating its 41St anniversary. They visualize that Product Introduction will follow the long tradition with their standards that have been at Oakbrook Center for many years. They will be working with their tenants to give them the opportunity to have informal spring fashion or back -to- school fashion shows. The shows would be small and informal. They envision that this is an opportunity for merchants and other business owners that have new products to introduce and to allow a sampling to the customer. This will encourage them to go into the stores to ZONING BOARD OF APPEALS Minutes 3 ZBA- MTG.2003 -APR April 1, 2003 make a purchase. They had a fashion show with Discover Magazine, which focused on three of their tenants. It was professionally done, worked out well, and customers were extremely pleased to see the fashions. When an event is concluded, everything would be removed and the area returns to just a sidewalk, with nothing protruding. Entertainment Zone — They would like to bring entertainment to the Center. Many years ago, they used to have concerts at the mall. They are not proposing to do that, but they recognize that the customers always want a form of background entertainment. They are not looking for mainline entertainment. They are looking for background entertainment that will augment the shopping experience and get the customer to stay in the Center a little longer. They have selected the area outside the Express Store, a circular area with concrete steps that go down and make a natural area to sit. They do not plan to build a stage. They are looking to have string quartets, classical musical performers, instrumentals, vocalist groups, and barbershop quartets. It will be done on an event -by -event basis. As with all the other plans, they want to develop stringent criteria as to the type of entertainment that they would have and will control the sound amplification so that the main businesses are not disrupted. They think of this as a place for the customer to sit and enjoy the fountains, the park -like setting and the landscaping. This will take place during mall hours in the center court area. Phase 2 - This phase is contingent upon the success of the first phase. There were three components of the second phase, but one element was removed. The Community Pavilion has been replaced by the Food Pavilion and will not be developed. Children's Play Area - The play area is to be located on the sidewalk area next to Sears and in front of the Build -a -Bear store. It will provide families with an entertainment option to extend their shopping experience and to enjoy the outdoor environment of the Center. It will be one play area designed for children ages 3 to 12. It will be opened year round. They are looking at soft interactive structures in a secure area so the parents would have a controlled area for the children to play in and be able to observe them. They do not have a final plan, and after talking with the Plan Commission, they would come back with a final site plan when they finalize the type and look. They are not far enough along to provide a drawing or design. Food Kiosk Structures (Phase 2) —Two additional permanent structures will be introduced if demand warrants, there would be a total of five kiosks. One will be near the area of the grass island where the birch trees are located and one will be by the food pavilion in the center area. They think the parents would like to have a place to get refreshments by the play area. They will be constructed and used like the other kiosks; 7 feet by 9 feet, made of glass and metal, available as a walk up and open year round, and follow all of the local building and health codes. They are looking at putting in ice cream, hot dogs, French crepes, smoothies and other food supplements. This completed the description of the program. It is all well within the confines of the interior of the shopping center. They have tried to find locations that do not interrupt site lines and that facilitate the traffic flow from one end to the other. They want to provide the customers with a unique and different opportunity that does not exist currently in the common areas. Susan Houck, Regional Manager, The Rouse Company, said that they are honored to have acquired this valuable property. They felt they needed to enhance the interior of the property. She has attended some of the events as a customer and visitor to the community. The arts and crafts show was one of the best she has seen in the country, but she could not get a bottle of water. There are many wonderful restaurants, but this type of food and beverage experience is needed within this area. This program compliments the beauty of this property. This a very simple and beautifully done element to add to the property. Any typical shopping center will have 40 carts. This is not their concept. They want to do 12 beautifully done merchandise units that add to the 6 seasonal months. This will do nothing but enhance the experience for the customer and the community. They are honored to be part of this property and the community and believe this will enhance the community. ZONING BOARD OF APPEALS Minutes 4 ZBA- MTG.2003 -APR April 1, 2003 Danielle Cassel, Attorney for the Center, said that they are seeking a favorable recommendation for a text amendment and special use. The proposed ordinances are included in the case file and there are 17 conditions to the special use have been included. She reviewed each condition. The documents provided have been submitted in ordinance form so that they can be reviewed to show the exact changes that are being sought. Page 14 is the operating guideline. It is still in draft form but will be done in substantial conformance. They will adhere to all village ordinances. They do not want to create anything that would create a pedestrian conflict or a visual obstacle to their existing inline stores. They will adhere to all health code requirements. The building materials will be compatible with the color and general appearance of those utilized throughout the Center. This reflects the comments made by the Plan Commission. The goods that are marketed and sold are not going to be materially different in character or quality than the goods sold in the remainder of the Center. They have achieved and maintained an excellent level of quality and this program will not change or undermine that in any way. Member Mueller asked if the Children's Play Area would be supervised. Mr. Fleming said it will be a secured area, but it will be the parent's responsibility to supervise them. Chairman Davis asked to what extent this program has been discussed with existing tenants. Mr. Fleming said that they have had discussions with their anchor tenants. Much of what they have come up with is the result of conversations with the tenants in terms of what the shopping center needs. The food element is in almost every conversation with the tenants and customers. Chairman Davis asked if the retail merchandising zones would be offered to existing tenants first. Mr. Fleming said if they come up with a unique opportunity in the carts it would be considered. They look at this as a way to provide unique merchandise that may not be available in the existing stores, but compatible with the merchandising lines. They are not trying to compete with existing products. Member Young asked where the carts will be stored. Mr. Fleming responded that they have current storage available in the parking decks. Member Young asked if they have done any studies regarding the smells that may come from the food pavilion. Mr. Fleming said that no studies have been done, but the existing restaurants have grills and odors that emanate into the common area. It is really walk up food no grilling will be going on. Serious cooking has not been a consideration. Member Young asked about the sound levels and if a study had been done. Mr. Fleming responded that they have not, but they are establishing decibel levels that will not impede upon what is their bread and butter or interfere with the quiet enjoyment that their customers have in the Center. The intent is to create quiet enjoyment of the shopping center. Chairman Davis asked about the Merchandising Carts. Ms. Beres said that they are imagining unique items such as handcrafted handbags, hair accessories, kites, pottery, hand painted stoneware, etc. This is the direction they want to go. Ms. Houck said that it is a business and is no different than if it had four walls. The have telephones credit cards, pay rent, and is operated from the cart. It is a viable business with a short -term lease. If it does not work, the Center does not renew the lease. They are able to change the feeling of the merchandise in the carts like the flowers change at the Center. ZONING BOARD OF APPEALS Minutes April 1, 2003 5 ZBA- MTG.2003 -APR Member Mueller asked if a cart could have several different vendors on an individual cart during the season. Ms. Houck responded that it could be, it will be based on supply and demand. Member Zaheer asked if it was similar to Navy Pier and Yorktown. Ms. Beres said similar in concept but at a higher level. Mr. Fleming said that when there are only 12 units you have a better opportunity to offer only unique items, unlike the shopping centers that have 40 -50 carts. Member Sanford asked how much concrete open space would be removed and would it have an effect on the existing special shows. Mr. Fleming said that the program has looked at maintaining the landscape. Most, of what has been proposed has been on sidewalk areas that are large and that can accommodate the use. Ms. Beres said that she has already been in contact with the Car Show Club for the event this year. The cars range from 86 -90 cars and they do not see that being limited by the Program. Member Sanford asked about adding bathroom space. Mr. Fleming said that they area looking into that issue and some may be added. They are looking at the inline theater space and part of that project will be enhancing the washrooms on the concourse level. They recognize the need for additional washrooms. Member Young asked what additional permanent seating will be provided for the customers. Mr. Fleming said that they have put tables and chairs near the food structures and there are existing benches. Member Zaheer asked weather permitting, how do the tenants feel about people walking through with food in hand through their stores. Mr. Fleming said that they are an outdoor center and we need better ways to refresh the customer and keep them in the Center longer. Some of the Plan Commission members surveyed the tenants and all of them would allow the customer in. They want ways to keep people on the property longer. Member Sanford said that he went out to the Center and talked to some of the stores. Some of the tenants were totally unaware of it. The greatest concern was the quality of the merchandise being sold. Everyone's reaction was how do you maintain the quality of the merchandise selling areas to maintain the Center to avoid turning it into a teenage hangout place. Mr. Fleming said that they agree and said it is a concern on their part, which is why there are only 12 carts not 50. Ms. Houck said that there are very stringent rules in place for the carts and use what is appropriate and right. Mr. Fleming said that they have met with the anchor stores and they feel positive about it. Most of their tenants are national tenants and they have a good relationship with the national corporate entities of the tenants. As they get closer to their program, they will sit down with their individual managers. Member Young asked what impact would there be on local police and fire service. Mr. Fleming said that it would have a negligible impact on those departments. Trustee Savino asked how much revenue would be brought to the Village. Mr. Fleming said that they hope to see this program eventually get into the seven - figure number in terms of total revenue. They are looking at performer year to be 2004. Trustee Savino asked if there is flexibility to add tables and chairs to accommodate customers. Mr. Fleming said that they do depending upon the need. Trustee Savino commented that he sees a need for this at the Center. People are always looking for something to drink and a little something to eat, but they will also need to be accommodated with additional washroom facilities. Mr. Fleming said that they are looking at that and may triple what they have available now. Chairman Davis asked how many meetings were held with the Plan Commission. Mr. Fleming responded that there were three meetings with a unanimous decision in favor of the project. ZONING BOARD OF APPEALS Minutes ZBA- MTG.2003 -APR '� `Z April 1, 2003 Chairman Davis said that standards must be satisfied to grant the text amendment and special use. Attorney Cassel reviewed the factors and standards on pages 1 -1.3 of the case file. Pages 16 -2 and 16 -3 represent the changes made by the Plan Commission as follows: (Underlined text indicates text to be added- strikethrough indicates deleted text) 1. Section 13 -2 -2, Definitions — add text — Specialty Retail Program: one or more of the following uses and structures when located within designated interior areas of a shopping center, in districts where permitted as a special use and where authorized as a special use: (a) permanent pavilions and kiosks for the preparation sale and consumption of food and beverages, including adjacent outdoor seating: (b) seasonal portable carts for the sale of prepackaged food and beverages including adjacent outdoor seating; (c) seasonal merchandising zones containing a defined number of portable carts selling primarily non- food merchandise and packaged food gift items not intended for immediate consumption; (d) defined zones for product introduction or promotional activities such as demonstrations and fashion shows; (e) entertainment and performance zones, including tables and chairs; and (f) enclosed and unenclosed children's play areas. Seasonal shall mean that weather permits the operation of the portable carts. 2. Section 13 -7 -3, Business District, Scope — amend text — A. All business establishments shall be retail trade or service establishments dealing directly with consumers and all goods produced on the premises shall be sold on the premises where produced, except for approved Specialty Retail Programs and/or beverage iterns in outdoor areas of a shopping center in districts where permitted as a special use. B. All business, service, storage, merchandise, display and, where permitted, repair and processing shall be conducted wholly within a completely enclosed building except for: 1) off - street automobile parking, off - street loading, and open sales lots and drive -in facilities in districts where they are permitted; 2) outdoor dining areas adjacent to restaurants in districts where outdoor dining areas are permitted as a special use; and 3) approved Specialty Retail Programs seasonal portable carts 6epAng only limited rnenu feed and/or beverage iterns in outdoor areas of a shopping center-in districts where permitted as a special use. C. Goods sold shall consist primarily of new merchandise, except for antique shops. 3. Section 13 -7B -2, B2 District, Special Uses — amend text — Outdoor dining areas adjacent to restaurants and Specialty Retail Programs. 4. Section 13 -7B -2, B2 District, Special Uses — amend text — limited foods andler beverage items Specialty Retail Programs in outdoor areas of a shopping center as a convenience to pedestrian shoppers, provided: (1) all aspects of the operation and sales meet the applicable requirements of the DuPage County Health Department: and (2) sari {esa#+ens Specialty Retail Program facilities have appropriate utilities provided, are not convenient to drive -up business, and do not materially interfere with access to or visibility of other establishments within the shopping center. ZONING BOARD OF APPEALS Minutes 7 ZBA- MTG.2003 -APR April 1, 2003 Chairman Davis noted for the record that the Zoning Board of Appeals is in receipt of a letter from the Plan Commission dated showing the action taken and by a vote of 5 to 0 recommended approval of the proposed text amendment. No one in the audience spoke in support of or in opposition to the request. Member Zaheer moved and Member Mueller seconded, that the petitioner has met the standards as required by ordinance to recommend approval of the proposed text amendment to the B -2 zoning district to amend a special use for a "Specialty Retail Program" as submitted. ROLL CALL VOTE: Ayes: 5- Mueller, Sanford, Young, Zaheer and Davis Nays: 0- Absent: 2 - Ascher and Shah Motion Carried. Attorney Cassel reviewed the factors and standards on pages 1 -1.3 of the case file. She read the revised conditions of the proposed Special Use as recommended for approval by the Plan Commission as follows: Proposed Special Use Conditions Special Use approval — Section 13 -76 -2 for outdoor dining area adjacent to restaurants and Specialty Retail Programs. If approved, the applicant has offered the following conditions to be included as modified by the Plan Commission: The number, type, materials, architectural style and general location of the structures and uses of the pavilions, kiosks, mobile units and activity areas comprising the Specialty Retail Program shall be in accordance with the (a) Site Plan prepared by D. Agostino Izzo Quirk Architects, Inc., dated February 28, 2003 ( "Revised Site Plan "), (b) that certain letter from the leasing and managing agent of Oakbrook Center the ( "Manager'), dated February 4, 2003 ( "Program Summary "), and (c) the document captioned "Proposed. Retail Merchandising Unit," prepared by D. Agostino Izzo Quick Architects, Inc. dated February 4, 2003 (the "RMU Design Sheet "). 2. Those uses and structures that are not described in the Revised Program Summary as being year - round shall be operated only during those time periods set forth in the Revised Program Summary. 3. The structures or areas comprising the Specialty Retail Program, including the pavilions, kiosks, carts, mobile units and activity areas shall be owned, leased and operated in accordance with the Revised Program Summary, and substantially in accordance with the draft program guidelines as set forth in that certain spiral -bound booklet, captioned "Pavilions in the Park Standards and Procedures, consisting of 41 pages, prepared by the Manager (the "Draft Program Operating Guidelines "), i.e., by an establishment operating in a completely enclosed building in Oakbrook Center, by the Manager, or by an establishment reviewed and approved by the Manager. The hours of operation need not coincide with those of adjacent or related stores, so long as such hours do not contradict the Revised Program Summary or otherwise violate the terms of Village Ordinances. 5. No alcoholic beverages shall be sold from the pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program. 6. At close of each operating season, carts and mobile units shall be stored in a completely enclosed building within Oakbrook Center ZONING BOARD OF APPEALS Minutes April 1, 2003 8 ZBA- MTG.2003 -APR ���tf When not in use, all connection areas for cart and mobile unit utilities, anchors, or the like shall be properly secured so as to present no danger to pedestrians. 8. All pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program shall have the operating location or locations designated on the Revised Site Plan or in the Program Summary, and the Manager shall first notify the Village's Community Development Department of the proposed location or any change of same. 9. Exclusive of hitches or canopies, the maximum exterior dimensions of a pavilion, kiosk, cart, mobile unit and activity area shall not exceed those depicted or described in the Revised Program Summary and Revised Site Plan. 10. Carts and mobile units shall not be located in areas convenient to drive -up traffic, including, but not limited to parking lots and structures, and shall not be proximate to theatres within Oakbrook Center, but shall be located in interior courtyard or similar areas proximate to retail shops and convenient to pedestrian shoppers. 11. Cart and mobile unit locations will leave no less than five (5) feet of sidewalk area for pedestrian traffic and will be no closer than twenty (20) feet from the exterior wall or entranceway of any enclosed establishment in Oakbrook Center. 12. All operators of pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program shall be responsible for maintaining said structures or areas, and the surrounding areas, in a clean and safe condition. 13. All aspects of the Specialty Retail Program shall comply with all other requirements for such special uses as specified in Sections 13 -2 -2. 13 -7 -3 and 13 -713-2 of the Zoning Ordinance. 14. The pavilions, kiosks, carts, mobile units and activity areas comprising the Specialty Retail Program shall be not less than four hundred (400) feet from a public street. 15. The children's play area that may be included in Phase Two of Specialty Retail Program will be subject to site plan review by the Plan Commission and the Village Board. 16. The color and general appearance of the building materials utilized for the pavilions, kiosks, carts and mobile units comprising the Specialty Retail Program will be consistent and /or compatible with the color and general appearance of the building materials otherwise utilized within the Property. 17. If any of the conditions of this section are not met, upon written notice to the operator of the pavilion, kiosk, mobile unit or activity area comprising the Specialty Retail Program, with a copy to the Manager, then, within ten (10) days after receipt of said notice, this Special Use Permit shall automatically terminate and be of no further force or effect as to the non - complying pavilion, kiosk, mobile unit or activity area. 18. The goods marketed and sold through the Specialty Retail Program will not be materially different in character or quality than the goods sold throughout the remainder of the property. Chairman Davis noted for the record that the Zoning Board of Appeals is in receipt of a letter from the Plan Commission dated showing the action taken and by a vote of 5 to 0 recommended approval of the proposed Special Use. No one in the audience spoke in support of or in opposition to the request. ZONING BOARD OF APPEALS Minutes April 1, 2003 9 ZBA- MTG.2003 -APR -, Member Zaheer moved and Member Mueller seconded that the petitioner has met the standards as required by ordinance to recommend approval of the proposed special use for a "Specialty Retail Program" as recommended submitted. ROLL CALL VOTE: Ayes: 5- Mueller, Sanford, Young, Zaheer and Davis Nays: 0- Absent: 2 - Ascher and Shah Motion Carried. IV. VILLAGE OF OAK BROOK - ZONING ORDINANCE REVIEW PROJECT - TEXT AMENDMENT - TITLE 13 of the VILLAGE CODE - CHAPTER 13 -3 -6B - ACCESSORY USES - CHAIN -LINK FENCE REGULATIONS Chairman Davis suggested and the members agreed that due to the late hour and no one was present in the audience, to continue the matter to the next meeting. Member Mueller moved, seconded by Member Young to continue this hearing to the May 6, 2003 Zoning Board of Appeals meeting. VOICE VOTE: All in favor. Motion carried. V. OTHER BUSINESS There was no other business discussed. Vl. ADJOURNMENT Member Mueller moved, seconded by Member Sanford to adjourn the meeting. VOICE VOTE: All in favor. Motion carried. Meeting was adjourned at 9:20 p.m. ZONING BOARD OF APPEALS Minutes 10 ZBA- MTG.2003 -APR Director of Commudy Development Secretary 5 -(- --C3 Date Approved April 1, 2003