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Minutes - 06/02/2009 - Zoning Board of AppealsMINUTES OF THE JUNE 2, 2009 REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON JULY 7, 2009 CALL TO ORDER: CALL TO ORDER The Meeting of the Zoning Board of Appeals was called to order by Chairman Champ 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 Jeffrey Bulin, Glenn Krietsch, Baker Nimry, Joseph Rush, Steven Young and Wayne Ziemer IN ATTENDANCE: Mark Moy, Trustee and Robert Kallien, Jr., Director of Community Development 3, APPROVAL OF MINUTES: MINUTES REGULAR ZONING BOARD OF APPEALS MEETING OF MAY 2009 Motion by Member Rush, seconded by Member Nimry to approve the minutes of the May 5, 2009 Regular Zoning Board of Appeals meeting as written. VOICE VOTE: Motion carried. 4. UNFINISHED BUSINESS UNFINISHED BUSINESS There was no unfinished business to discuss. 5. NEW BUSINESS NEW BUSINESS A. GO ROMA (FAST FRESH ITALIAN, LLCM — 3041 BUTTEFIRELD GO ROMA - 3041 BUTT ERFIELD -- ROAD SUITE 117 — SPECIAL USE — OUTDOOR DINING AREA SPECIAL USE -- ADJACENT TO A RESTAURANT OUTDOOR DINING AREA Chairman Davis swore in Anthony Seavers, General Manager of the Go Roma restaurant. Mr. Seavers reviewed the request for approval of a special use to allow Go Roma to operate an outdoor dining area that would be located on the VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1 of 4 June 2, 2009 IMI north side of the restaurant. They have been a tenant at the Promenade since February of 2007 and were of the understanding that their lease allowed the use of the existing outdoor patio area, which was used in order to provide a unique and comfortable outdoor dining experience for their patrons. The patio operated successfully without incident, complaints or issues in 2008. When the Village informed them that they were in violation of the Zoning Ordinance they ceased operation of the patio and are hopeful of a successful resolution to this process so that they can operate the patio area again. They were operating the patio based on information outlined in their lease agreement and it was never their intention to be a problematic neighbor or to violate any local ordinance. They are attempting to provide the public with services and amenities that are consistent with the quality of the upscale service environment for which Oak Brook is known. Most restaurants in Oak Brook and the surrounding communities provide this service to the dining public. Without this option they would disappoint many of their patrons that have come to enjoy this very popular amenity. They would also be at a disadvantage in relation to other outdoor dining establishments in the area. The summer months are their busiest time of year and not having outdoor dining would negatively impact their business and customers. Approval of the outdoor dining area would positively impact their business without causing any negative impact on the public welfare, surrounding properties or the neighborhood. Chairman Davis noted that the applicant, Fast Fresh Italian, LLC, is the owner of the Go Roma restaurant and that the outdoor dining area is not located adjacent to any roadway. Mr. Seavers stated that the Plan Commission unanimously recommended approval of the special use, subject to certain conditions. Director of Community Development Kallien commented that when the Promenade was first proposed, they established a cap for restaurants based on the availability of parking. As the restaurants were actually developed there was available room for additional restaurants, which is the reason for these recent requests for the outdoor dining areas. If they had they known there were going to be more than three (3) restaurants, the number of outdoor dining areas could have been increased at the time the Promenade was approved. Director of Community Development Kallien briefly reviewed the request and said that the Village had recently become aware of an existing outdoor dining area in operation at the Go Roma restaurant and they ceased its operation at that time. Recently a request was processed for the Labriola Caf6 and there would VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 4 June 2, 2009 be five (5) outdoor dining areas at the Promenade, if this request was approved Member Young questioned whether there were going to be some type of enclosure of the dining area, such as an awning. Mr. Seavers responded that umbrellas weighted with a 75 pound base would be used. Chairman Davis questioned that the case file did not mention anything about the dates of operation. Director of Community Development Kallien responded that the dates had not been included with the last two outdoor dining requests for Labriola and the Clubhouse. The Midwest has some very nice weather in the late fall and our timeframes may be a hindrance to businesses. It would be better for the property owner and establishment to provide the amenity, weather permitting. The parameters of operating dates started with the first application for outdoor dining at the Oakbrook Center. Last year it was brought to the Village's attention by the restaurants and patrons, that they wanted to utilize the patio areas on nice days in the fall and could not while competing restaurants in neighboring towns that could. No one in the audience spoke in support, of or in opposition to the request. Chairman Davis noted that the standards had been addressed in the testimony presented and were provided in writing on page D of the case file. The request is consistent with other requests. The Plan Commission unanimously approved the requested special use, subject to certain conditions. Motion by Member Young, seconded by Member Rush that the applicant addressed the required standards to recommend approval of the request from the applicant to permit an outdoor dining area adjacent to the Go Roma restaurant located at 3041 Butterfield Road, subject to the following conditions: 1. The development of the outdoor dining area shall be in substantial conformance with the revised plans as submitted and approved. 2. The restaurant will be responsible for maintaining and cleaning the outdoor areas and shall comply with all applicable requirements of the DuPage County Health Department. 3. The outdoor dining areas will be operated in accordance with the following rules of operation: VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 4 June 2, 2009 a. A maximum of 26 seats may be provided in the outdoor dining area. b. The emergency egress gates shall open out only. c. Access to the outdoor dining area shall be through the restaurant only. 4. Comply with all other applicable rules and ordinances of the Village of Oak Brook. 5. Add the provision "Not withstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived." ROLL CALL VOTE: Ayes: 7 --- Members Bulin, Krietsch, Nimry, Rush, Young, Ziemer and Davis Nays: 0 — None. Motion Carried. 6. OTHER BUSINESS Director of Community Development briefly reviewed and the Zoning Board members discussed the proposed PUD Regulations scheduled for hearing on June 3, 2009. There was no other business to discuss. 7. ADJOURNMENT: Motion by Member Rush, seconded by Member Nimry to adjourn the meeting at 7:57 p.m. VOICE VOTE: Motion carried ATTEST: Robert Kallie , Dire r of C munity Development Secretary VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 4 June 2, 2009 OT14ER BUSINESS ADJOURNM];NT