Loading...
Minutes - 04/06/2004 - Zoning Board of AppealsMINUTES OF THE APRIL 6, 2004 REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON MAY 4, 2004. 1 . CALL TO ORDER: CALL TO ORDER The Regular Meeting of the Zoning Board of Appeals was called to order by Chairman Davis in the Samuel E. Dean Board Room of the Butler Government Center at 7:30 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairman Champ Davis, Members George Mueller, Robert Sanford, Manu Shah, and Steven Young ABSENT: Member Richard Ascher IN ATTENDANCE: Director of Community Development, Robert Kallien, Jr. 3. APPROVAL OF MINUTES: MINUTES REGULAR ZONING BOARD OF APPEALS MEETING OF FEBRUARY 3, 2004 Motion by Member Sanford, seconded by Member Young, to approve the minutes of the February 3, 2004 Regular Zoning Board of Appeals Meeting. VOICE VOTE: Motion carried. 4. UNFINISHED BUSINESS: There was no unfinished business to discuss 5. NEW BUSINESS: NEW BUSINESS Chairman Davis announced that in the interest of making the agenda flow smoothly, the Tuscany Special Use matter would be heard after the Oak Brook Marriott Special Use. A. OAK BROOK MARRIOTT HOTEL — 1401 22nd STREET — TEXT OAK ROOxoTEL- AMENDMENT — ZONING ORDINANCE SECTION 13 -1OD -2 — 0-3 TA- 140122 "° ST. - DISTRICT — AMEND SPECIAL USES TO INCLUDE — OUTDOOR SU -ADD OUTDOOR DINING To SPECIAL DINING ADJACENT TO A RESTAURANT USES Larry Dziurdzik, Landscape Architect, Allen Kracower, 1001 Johnson Blvd, Buffalo Grove, IL, represented the petitioner, Oak Brook Marriott VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1 of 12 April 6, 2004 PmRa hotel. Chairman Davis swore in the Petitioner. Mr. Dziurdzik said they are seeking a text amendment to Section 13 -1013- 2, Special Uses, to include "outdoor dining adjacent to restaurants" as a special use. They believe they satisfy the requirement for a text amendment. Chairman Davis noted that the response to the zoning factors is on page D of the case file. The members reviewed the standards. He questioned why the special use being sought was not included as a special use in the 0-3 District. He also questioned how many restaurants were in the 0-3 District. Director of Community Development Kallien responded that in the 0-3 District restaurants are permitted if the office building meets a certain threshold of size. The two office uses with restaurants in the 0-3 District are the Oak Brook Marriott and Oak Brook Towers, which meet the criteria. Chairman Davis said that the petitioner addresses the standards on page D of the case file and it appears the standards are satisfied. No one in the audience spoke in support or in opposition to the request. Chairman Davis noted 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 5 to 0. Motion by Member Mueller, seconded by Member Sanford that the applicant has addressed the required standards to recommend approval of the text amendment as presented. The text proposed is to Section 13 -1013- 2, Special Uses and shall read: "outdoor dining areas adjacent to restaurants." ROLL CALL VOTE: Ayes: 5 - Members Mueller, Sanford, Shah, Young and Chairman Davis Nays: 0 - None Absent: 1 - Member Ascher. Motion Carried. 5. B. OAK BROOK MARRIOTT HOTEL — 1401 22 °d STREET — SPECIAL OAK ARRIOTO BROOK — ZONING ORDINANCE SECTION 13 -1OD -2 — 0-3 DISTRICT — 1401 22V ST.- sU- SPECIAL USE — OUTDOOR DINING ADJACENT TO A OUTDOOR DINING RESTAURANT Larry Dziurdzik, Landscape Architect, Allen Kracower, 1001 Johnson VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 12 April 6, 2004 Blvd, Buffalo Grove, IL, represented the petitioner, Oak Brook Marriott Hotel. Chairman Davis swore in the Petitioner. Mr. Dziurdzik reviewed the site and proposal. The site is a circular drop - off area in front of the hotel. They are proposing to remove the existing precast planter and put in an outdoor dining area that will have an east and west outdoor dining area. Each outdoor dining area would consist of 48 seats, for a combined total of 96 streets. On the east side they are seeking ingress and egress on the east side only and will provide emergency egress only on the west side. They are seeking ingress on the east side because there is a Starbucks being installed on that side of the hotel. They feel that it is important on the east side to allow the patrons to enter and exit the dining area primarily because the majority of the parking would be to the east of the building. They area trying to attract and make it more of an urban outdoor atmosphere to allow patrons of Starbucks as well as the hotel to enter from the outside of the outdoor dining area to have a seat. Food will also be able to be ordered in that location. Safety was a very important factor in this design. They were concerned about the proximity of the vehicular turn around area to the outdoor tables and seating so they have incorporated a number of things to protect the patrons. They have provided a 36 -inch detectable warning strip at the curb of the vehicular drive that separates the pedestrians from vehicular traffic. They have also provided a large buffer, which includes a five foot wide sidewalk, combined with the detectable warning strip so there would be a total of 8 feet from the back of the curb to the barrier wall of the outdoor dining area. They have also included a 25 -inch high pre -cast masonry barrier wall, which is broken up with 4 -foot high piers which frame the new ornamental tree plantings. The outdoor dining area is totally enclosed on both sides and is a symmetrical design. The majority of the traffic will be along the walkway. There are smaller planters which are in a smaller curb which is an ending point on the terrace. They have tried to incorporate as much planting space as possible. Accent perimeter lighting will be provided so that pedestrians know exactly where vehicular traffic might occur. Lights will be mounted in the top of the existing concrete canopy. The lights will shine downward on the pavement to light the area, which will accent the pedestrian access walkway. There is a flush curb, which means that the sidewalk is one continuous elevation with the asphalt. It has been designed this way for VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 12 April 6, 2004 drainage and it reduces the tripping hazard when people are dropped off by a taxi or limo, so as not to cause an obstruction with luggage, etc. The hotel has recently completed extensive landscaping along 22nd Street. The work has been completed and it is their intention to open up the area to allow people to see activity at the hotel and attract the public to the hotel. Chairman Davis asked where the kitchen facilities were located. Mr. Dziurdzik said that the facilities are located in the back and there is also a banquet room in the hotel. Chairman Davis noted that there is a letter addressing the special use standards on page F of the case file with the position that the health, safety and welfare of the public would protected. On page E of the case file are conditions that the applicant has agreed to be attached to the special use if approved. The Zoning Board of Appeals is in receipt of the recommendation letter from the Plan Commission unanimously recommending approval by a vote of 5 to 0, subject to the conditions on page E of the case file. Member Young addressed concerns that a car could veer into the outdoor dining area. Mr. Dziurdzik responded that the wall would not be able to stop a car; however they do not expect much traffic in this area. This is basically a drop -off area and the patrons will be parking around the side of the hotel. The speed limit is approximately 15 mph in that area. Member Mueller noted that all other outdoor dining areas require the entrance into the outdoor dining area to be through the main entrance. This request includes ingress directly into the outdoor dining area. Director of Community Development Kallien responded that all other approved uses are required to first access the restaurant and then enter the outdoor dining area. This area is somewhat unique in that it is a very extensive area with a secondary use, Starbucks. The majority of the people that utilize this area would come from within the hotel because the main drop -off area is on the west side of the hotel. There is also a stop light at the main entrance to the Marriott. Access from the circle drive directly from 22nd Street is difficult. On average, there are not many cars in that area. Member Sanford asked the distance between the wall and the open area with the tree, so that a car could not enter the area. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 12 April 6, 2004 Q Mr. Dziurdzik said that they feel that they feel, given the angle of the drive in relation to the proposed area a car would not be able to get through the 8 foot opening. They are planting mature 9 to 10 foot lilac trees, with multi - stems. There will also be a seat wall behind the trees. No one in the audience spoke in support or in opposition to the request. Chairman Davis said that the petitioner addresses the standards on page F of the case file and it appears the standards are satisfied. The petitioner has also submitted conditions on page E -E.1 of the case file. 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. Chairman Davis noted 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 5 to 0. The proposal is consistent with previously approved special uses for other outdoor dining arrangements. Motion by Member Sanford, seconded by Member Young that the applicant has addressed the required standards to recommend approval of the special use as presented, subject to the following. 1. Village Board approval of the text amendment to allow outdoor dining as a special use in the 0-3 District. 2. Adhere to all conditions contained on pages E -E.1 of the case file. ROLL CALL VOTE: Ayes: 5 - Members Mueller, Shah, Sanford, Young and Chairman Davis Nays: 0 - None Absent: 1 - Member Ascher. Motion Carried. 5. C. TUSCANY OF OAK BROOK — 1415 22nd STREET — SPECIAL USE — TUSCANY -1415 22 ST. - SU - OUTDOOR DINING ADJACENT TO A RESTAURANT OUTDOOR DINING Chairman Davis swore in Salvatore Giovane, General Manager of Tuscany of Oak Brook Restaurant. Mr. Giovane said that they are seeking approval of a special use to allow outdoor dining area adjacent to a restaurant on the east and west side of the entrance to the restaurant. There are existing patios about 22 x 24 feet in size and located about 23 -25 feet from the driveway. The driveway is used VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 12 April 6, 2004 basically by the valets as a drop -off and pick -up for the restaurant. There is a six -inch curb along the street. The safety of the patrons is very important and there has never been any type of accident in the 10 years that it has existed. The only additional structural work required would be to add a metal frame fence, egress gates and a canvas material over the fence frame that would compliment the adjacent awning on the front entrance. There is existing lighting, 3 -foot bollards, placed approximately 12 feet apart that has been used for illumination in the evening. There is also existing sloped landscaping on the site that would help prevent a vehicle from reaching the patio area if that should occur. There are stop signs in front of the restaurant and the speed limit is approximately 15 mph. in front of the driveway. He said that they believe the patrons' health, safety and welfare would be protected. Chairman Davis questioned the location of the parking area for the restaurant. Mr. Giovane responded that the parking is on the west side of the building and they also use a covered garage in the rear which would be on the south side of the building. Valet parking is accessed right in front of the building. Page G -1 shows the sign for the valet parking. Chairman Davis noted that the Zoning Board of Appeals is in receipt of the Plan Commission recommendation of approval with a vote of 5 to 0 subject to certain conditions on page F of the case file. Mr. Giovane confirmed that they agree to the conditions imposed. Member Sanford noted that even though nothing has happened in 10 years and was concerned that there may be a safety issue. Member Mueller noted that he visited to the site and that the entry is set back further than any other outdoor dining that exists in the area. Mr. Giovane added that there is an existing bush line that goes around the patio that is about six feet deep and is approximately three feet tall. Member Young noted that the traffic flow at this location is horizontal to the dining area. He questioned whether the bollards were protective or decorative. Mr. Giovane responded that they are decorative for illumination purposes only. Chairman Davis said that the distinction between this location and the Cheesecake Factory is that its proposal was located on a main roadway, where traffic is moving at a faster pace. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 6 of 12 April 6, 2004 Motion by Chairman Davis, seconded by Member Shah that the petitioner has satisfied the applicable standards required to recommend for approval of the special use as stated above subject to the following conditions. In making this recommendation, the Zoning Board of Appeals finds that: 1. Tuscany Restaurant is zoned 0-3 Office District in the Village. 2. The Zoning Board of Appeals has previously recommended approval of a text amendment to permit outdoor dining arrangements as a special use in the 0-3 zoning district. Approval of this special use will be conditioned upon approval of the text amendment by the Village Board. 3. Several restaurants in the Village including a number located at the Oakbrook Center have approved special uses for outdoor dining arrangements and successfully operate those facilities for the benefit of their patrons as well the community. 4. Tuscany of Oak Brook, Inc. proposes a 56 seat outdoor dining arrangement that will be available between April 1St and October 15th of each year (weather permitting). ROLL CALL VOTE: Ayes: 5 - Members Mueller, Shah, Sanford, Young and Chairman Davis Nays: 0 - None Absent: 1 - Member Ascher. Motion Carried. Director of Community Development Kallien said that in regards to the outdoor dining areas, we have now had three requests. The Cheesecake Factory had some very special circumstances since it was on a very busy roadway. The Oak Brook Marriott and Tuscany uses are more similar to the existing uses in the interior of the Oakbrook Center. The recent requests are being held to a higher standard than the previously approved requests. 5. D. SAMUEL VINCI — 3025 LINCOLN ROAD — VARIATION— 13- 6C -3F -1 — VARIATION TO FRONT YARD SETBACK Chairman Davis swore in Samuel Vinci, 3025 Lincoln Road, owner of the property and petitioner. Dr. Vinci said that he purchased the existing residence approximately 5 VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 7 of 12 April 6, 2004 V INCI - 302 LINCOLN ROAD - VARIATION - FRONT YARD SETBACK years ago and was unaware that it was a nonconforming structure as far as the setbacks were concerned. While planning some upgrade improvements on his property he envisioned the existing front porch to be extended across the front of the structure. While doing the research he became aware of the setbacks and rulings for his area. He is now seeking approval of minimal amount of relief allowable in order to build the porch. The existing porch presently encroaches into the front yard approximately six feet. He is not requesting more than six feet, he would like to take the existing porch and extend it across to the sides of the front of the existing home. He has provided a picture on page H of the case file showing the existing porch and a conceptual drawing of the proposed porch. His closest neighbor is the Village of Oak Brook. Lincoln Road is a dead end street and the homes on the street were probably built prior to the incorporation of Oak Brook and are older in nature and each is unique. In order to maintain the character of this neighborhood, he would not attempt to demolition his home and try to comply with the setbacks. He wants to maintain the character of the street and believes this would be aesthetically pleasing and would enhance the property values of the surrounding properties. The neighbors are all aware of the proposal. Chairman Davis noted that the standards for approval of a variation are located on page F of the case file. The members reviewed the applicant's response to standards. Member Young asked the age of the home. Mr. Vinci did not know, but guessed it was somewhere around 1920 -1925. Member Young noted that based on the age of the home, if it were to be demolished, it probably contains lead paint which would lead to a significant hardship. Chairman Davis noted that the existing structure is nonconforming Linda Lojewski, 3004 Lincoln Road, resident since 1972, said that she lives across the street from Mr. Vinci. She said that he did come around to all the neighbors on the block and tell them what he was doing. Everything he has done to his house so far has been a definite improvement. All the houses in those areas are unique and nonconforming. Chairman Davis said that the standards have been addressed by the petitioner; there is documentation in the file that the neighbors have reviewed the proposal and do not have any objection; and the requested VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 8 of 12 April 6, 2004 A�C4-- variation is to allow an approximate six -foot encroachment into the front yard setback. Motion by Member Sanford, seconded by Member Young that the petitioner has addressed the standards for a variation to recommend approval of the variation to allow an approximate six -foot encroachment into the front yard setback to allow the construction of a new front porch in substantial conformance with the plans as submitted and as shown on the site plan on page J of the of the case file. ROLL CALL VOTE: Ayes: 5 - Members Mueller, Shah, Sanford, Young and Chairman Davis Nays: 0 - None Absent: 1 - Member Ascher. Motion Carried. 5. E. GVA WILLIAMS — 814 COMMERCE DRIVE — TEXT AMENDMENT GvA WILLIAMS - TEXT AMENDMENT — ZONING ORDINANCE SECTION 13- 12 -3H.2 — AMEND OFF- -ORA.I DIST -OFF- STREET PARKING REGULATIONS — ORA -1 DISTRICT STREET PARKING REGULATIONS Chairman Davis swore in Larry Debb, Contract - Purchaser of the building at 814 Commerce Drive. The petitioner reviewed the reasons for the request. Currently the building at 814 Commerce is not in compliance with the existing Village minimum parking requirements. The parking requirements for office buildings has changed over the years, instead of individual offices, many employees are in cubicles, smaller conference rooms, no smoking rooms because people are required to go outside, so the need for parking has increased drastically. That has been exhibited by variations being granted for additional parking, parking decks are being built for buildings that were constructed in the 1970's. When reviewing the situation with staff, it was recommended to seek a text amendment rather than seeking another variation in that area. This building as well as other future buildings would not need to seek a variation. They looked at two different scenarios. They could have requested a variation to the parking requirements. However, there is a residential development to the north of their property. It was their belief that the less you change buildings near residences, the better off you are. While preparing their application, they were required to address some factors. Most of those dealt with the area is al the same and it is all multi- story office space and is zoned for that purpose. The text amendment if VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 9 of 12 April 6, 2004 !'L approved will not negatively impact the surrounding properties; it would only have a positive impact of property value. One of the factors is protecting the health, safety and welfare of the public, and in their particular circumstance, they will be removing one of the driveways, therefore reducing one of the intersections, which will improve the safety. As an owner trying to lease the building, is the aesthetics of the building, this would allow them to redo the entire landscaping along the front. They will be adding a landscaping berm, trees, bushes, grass and ground cover that will spruce up the entire building. Chairman Davis asked for an explanation of what is meant by the text amendment being "very restrictive." Mr. Debb responded that it is restrictive when compared to other villages. Most villages, especially on a non - thoroughfare street where there is no impact to residents allow parking in the front of the building. This building, where there is very limited landscaping, it would only be a plus in terms of the aesthetics and function of the building. Mr. Debb said that basically the change in the text is to allow buildings along Commerce Drive to have parking in front of the building. The Zoning Ordinance allows for only 6 spaces in front of the building, he is asking for unlimited parking spaces, while conforming to the existing setback requirements as stated in the ordinance. The only request is to not limit the number of parking spaces that are currently available. Chairman Davis questioned which other areas would be affected by this proposed amendment if approved. Director of Community Development Kallien responded that this text amendment would only apply to Commerce Drive. However, if there is a recommendation of support for this proposal, he would request that the Zoning Board of Appeals direct staff to undertake additional text amendments to clarify the setbacks along Swift, Clearwater, Enterprise, and Windsor. Those streets are zoned ORA- 1, however, they do not have the same characteristics as 22nd Street or York Road. Those streets are almost like cu -de -sac type streets. If we are going to seek out redevelopment of these areas, by allowing additional parking with an adequate setback between the street and parking of at least 25 -feet, we will allow for some redevelopment to occur. Some of the areas need redevelopment. It would be proper out of this recommendation to say that we think this is reasonable for this area Director of Community Development Kallien said that this is one of those amendments that staff could have pursued where this would be VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 10 of 12 April 6, 2004 appropriate. Enterprise Drive has the same situation. It has a long cul -de- sac, and 70% of those properties have been granted variations. Chairman Davis noted that the factors for a special use have been addressed on page 6 of the booklet from GVA Williams included with the case file. Member Mueller asked how many additional stalls could be added if the text amendment was approved. Mr. Debb responded approximately 94 -95. Director of Community Development Kallien said that by adding the additional parking stalls the parking ratio barely goes above the minimum required by ordinance. The proposed text amendment helps to bring the property more into compliance with the existing regulations. Chairman Davis commented that since none of the neighboring properties are in compliance they probably did not have any objection to this request. Mr. Debb responded that the neighbor to the east who also owns the old Eastern Airlines building across the street has financed this request. Member Young commented that an overriding factor outside of the individual benefit to approving the request provides the Village with leverage to improve business in Oak Brook. Chairman Davis agreed. No one in the audience spoke in support or in opposition to the request. Chairman Davis said that it appears the factors required for approval of a text amendment have been addressed. The Zoning Board of Appeals is in receipt of the Plan Commission unanimous recommendation of approval by a vote of 5 to 0. Motion by Member Young, seconded by Member Mueller to recommend approval of the text amendment as requested. 1. The request to permit additional parking in the required front yard setback along Commerce Drive is deemed reasonable and will permit additional development /redevelopment. 2. No testimony or comments have been received which show that this text amendment will have a negative impact on any property along Commerce Drive. 3. The Zoning Board agrees and request that Staff proceed with a request to the Village Board to amend the text for similar streets. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 11 of 12 April 6, 2004 v 6 7 ROLL CALL VOTE: Ayes: 5 - Member Mueller, Shah, Sanford, Young and Chairman Davis Nays: 0 - None Absent: 1 - Member Ascher. Motion Carried. OTHER BUSINESS: OAK BROOK PARK DISTRICT — 1450 FOREST GATE ROAD — VARIATION — ZONING ORDINANCE SECTION 13- 3 -8.A. — STRUCTURE HEIGHT — TO ALLOW BASEBALL FIELD LIGHT POLES TO 70 -FOOT HEIGHT — CONTINUE TO MAY 4, 2004 MEETING Director of Community Development Kallien noted that the request was referred to this Zoning Board of Appeals agenda in error. It has been correctly scheduled for the Zoning Board of Appeals May 4, 2004 agenda. The petitioner is aware of the correct date. 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, rec r of ommunity Development Secretary VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 12 of 12 April 6, 2004 OTHER BUSINESS ADJOURNMENT