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Minutes - 10/07/2008 - Zoning Board of Appeals1. 3. !l MINUTES OF THE OCTOBER 7, 2008 REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS AMENDED ON JANUARY 6, 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 Goveriunent Center at 7:30 p.m. ROLL CALL: ROLLcA1.L Gail Polanek called the roll with the following persons PRESENT: Chairman Champ Davis, Members Jeffrey Bulln, Glenn Krietsch, Baker Nimry, Joseph Rush, Steven Young and Wayne Ziemer IN ATTENDANCE: Robert Sanford, Trustee and Robert Kalllen, Jr., Director of Community Development APPROVAL OF MINUTES: MINUTES REGULAR ZONING BOARD OF APPEALS MEETING OF AUGUST 5, 2008 Motion by Member Bulin, seconded by Member Nimry to approve the minutes of the August 5, 2008 Regular Zoning Board of Appeals meeting as amended. VOICE VOTE: Motion carried. UNFINISHED BUSINESS BUSINIS r�uslNBSS There was no unfinished business to discuss. Motion by Member Rush, seconded by Member Nimry to continue the hearing to the next regular Zoning Board of Appeals meeting. VOICE VOTE: Motion carried NEW BUSINESS NEW BUSINESS A. TIMESQUARE PROPERTIES LLC — 2121 BUTTERFIELD ROAD - TIME SQUARE PROPERTIES - 2121 SPECIAL USES — DRIVE THRU LANE FOR A RESTAURANT AND — BUTTERFIELD RD OUTDOOR DINING AREA ADJACENT TO A RESTAURANT SPECIAL USES DRIVE THRU AND VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page I of 17 October 7, 2008 VARIATIONS — ALLOW A GROUND SIGN, REDUCTION OF OUTDOOR DINING VARIATIONS PARKING LOT LANDSCAPING AND PARKING SPACE GROUND SIGN, REQUIREMENTS LANDSCAPING AND PARKING SPACF,S Chairman Davis swore in those that would testify in this matter. Mr. Walter O'Brien, Attorney for the applicant, reviewed the history of the site, which was previously known as the D's Diggity Dogs site and is currently vacant The proposed plan will enhance the site. They are seeking several requests; however, it Is a very unique piece of property It is a very small corner lot that has been reduced in size due to the expansion of both Midwest and Butterfield Roads. The County Health Department will not allow the operation of another restaurant without the addition of a large dry storage area. There were concerns raised at the Plan Commission regarding traffic flow and a traffic study was completed that addressed the parking and traffic on the site, stacking of vehicles for the drive thru and traffic in the area. Christopher Knipp, Krupp Associates Architects, Wheaton, Illinois, provided the building architecture foi the proposed cafe. The building footprint remains essentially the same, except for the addition of the storage areas, which has been required by the DuPage County Health Department and they have approved the proposed plan. The previous restaurant was shut down by the Health Department. He reviewed the floor plan and site plan. The property is quite small and bordered by Butterfield and Midwest Road. The drive -thru would accommodate 8 cars. The ground sign proposed would be constructed pursuant to Village code, which requires that the sign should be located no lower than 8 feet high to not obstruct sight lines. The parking space requirement is 30 spaces and they are requesting a reduction to 22 spaces, which would include 4 spaces along the eastern boundary of the lot that would be adequate for employee parking. Other than some of the exterior walls, the existing structure would be removed. The new building will be all masonry construction using brick and stone and will dramatically improve the corner and present something to the Village of Oak Brook that we could all be proud of. Bonnie Flock, Gewalt, Hamilton, Associates, Inc. said that a traffic impact study was conducted for the proposed cafe, and all data and teelmical analysis is documented in the completed traffic study. Access wise the site will not change. The existing access off Midwest and Butterfield will remain the same. One of the variance requests is in regards to parking. They found in the American Planning Association (APA) Standards for cafe parking standards should be able to accommodate 15 -20 parking spaces. They do not see a pzoblem with the proposed 22 spaces, versus the 30 -space village requirement VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 17 October 7, 2008 - �z They also reviewed the Illinois Transportation of Engineers (ITE) parking requirements and they recommended 20 spaces as well. Based upon those studies they feel comfortable that what is proposed is adequate parking. Ingrid Durham, 1 S Monterey, Oakbrook Terrace, said that she lives about one - half mile from the subject property. She questioned the location of the outdoor dining area, access to the drive -thru, number of seats in the cafe and the reduced parking being provided on the site. Mario Yu, 818 St. Stephens Green is a practicing Gynecologist /Obstetrician with an office located at 1919 Midwest Road, which is directly south of the subject property. He questioned that there would be an increase to the traffic flow at the entrance of Midwest Road when construction is completed and the roadway resunies its nonnal activity. Ms. Flock responded that the numbers provided In the study would not increase, because the traffic volumes were based upon the ITE trip generation manual regarding fast food trip rates. They actually treated the cafe as if it were a McDonald's or Burger King The volumes that they estimated do not change just because there is construction on the roadway. The estimates provided in the study were a bit high from what they would really expect because it really will not have the traffic volume of a McDonald's. The study is based upon trip generations done throughout the year at fast food restaurants with drive -thrus Those trip rates are what are used. She noted that not all trips to the cafe would be new because some of the trips would come from the existing roadway system, which is known as bypass trips. The trip generation was also based upon the number of seats and square footage of the restaurant. Dr. Yu said that left turns would be made through 4 lanes of traffic onto Midwest Road Ms. Flock noted that they would cross through 2 thru lanes of northbound traffic onto Midwest Road. Dr. Yu said that leaving his parking lot going southbound onto Midwest Road is very difficult and questioned the one car per minute going in and out of the restaurant. He questioned and saw a problem with the proposed 8 car stacking and believes it would block the exit. He questioned whether that would be acceptable, because it could block access for vehicles onto Midwest Road. Ms. Flock said that when these studies are provided for various developments, one car per minute is a long time. They have recommended that signage be VILLAGE OF OAK BROOK :honing Board of Appeals Minutes Page 3 of 17 October 7, 2008 1l: provided to prohibit traffic stacking and that during peak times, have an order taker, similar to that used at Portillo's so that service time is minimized. They did not see a problem with the stacking as proposed in the drive -thru. Vivien Yu, 818 St, Stephens Green and is the owner of the office building located at 1919 Midwest Road, which is just south of the subject property. She questioned whether the trip generation would be different if there were a bar included in the property She noted that there were seats and bar area noted on the plans. Ms. Flock responded that she was not aware of that, however, it would not change their recommendations. Mr. Knipp responded that the bar area was intended for the delivery of liquor, which was being provided as a convenience for the customer. The implication of a bar is more for a cocktail lounge. This bar is no larger than one may be in a residence. It is not a bar it is part of the service for food. A lot of people would not get beer or wine. It is being offered more as a convenience. Mrs. Yu asked if a liquor license had been applied for, which would mean that it would be served. She noted that if 3 seats were at the bar, 6 could be added later, which would increase the occupancy. Mr. Savenok said that the liquor license was for beer and wine only. Mr. Krupp responded that there would need to be physical space that would allow for that and there is not any additional space available The seating provided is as dense as possible. He noted that even though each table had 4 seats, the way they are practically used, there might only be one or two persons at a table. If there are two they may come in one car, so there could be as few as 20 people in the cafe. Mrs. Yu said that she could only look at the plan and ask questions; she hoped that everyone would do the same. Mr. Savenok noted that the dry storage area located by the bar was a requirement by the DuPage County Health Dept. A team of professionals from reputable companies worked on this project. They provided the design and traffic counts and access. All the concerns raised at this meeting have already been answered very comprehensively at the Plan Commission meeting. Professional people who stand by their reputation and research have addressed those concerns. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 17 October 7, 2008 Tatiana Savenok, said that she was the owner of the property and owns multiple restaurants. They have a Chinese restaurant in Glen Ellyn with a bar, If at any time they would add extra chairs, they would lose their license, so the suggestion is not something they would consider. The Health Department approved the plans, so obviously they do everything by the code Mrs. Yu asked how they determined they would need 8 employees. Mrs Savenok responded that she is in the restaurant business right now, so 8 people will be used only during the busy time is the lunch. In the morning and dinnertime, they will only need 5 people, based upon her experience. Mrs. Yu questioned the maximum number possible in the restaurant at one time and she determined by her math that they would not be able to accommodate the parking necessary. Mr Savenok responded that they hired reputable professionals that have advised them, and have proven it would work. Some of the public comments made did not make sense. Member Rush questioned the comment made by Mrs. Yu regarding the modification to the bar storage space and whether it was going to be changed. Mr Savenok responded that that the plan provided was what the Health Department approved and was not being changed. Mr. Krupp responded that there is a lot of area on the plan that could not be utilized. There is an entry vestibule, restroom, storage and almost 50 percent is used for the kitchen. He noted that it is a fast food restaurant and that food service is within 3 -4 minutes from the time of ordering, which is 3 -4 cars before you get to the window. At that rate there is approximately 1 car served per minute, which is the same rate as cars entering the site. Mr. O'Brien noted that they provided expert testimony and opinions were made based upon a newspaper article even though qualified people have testified. He did some zoning work in the neighboring community, Oakbrook Terrace, which surrounds the property on 3 sides. They require a minimum of 6 stacking cars for each service window for a fast food service restaurant. In addition, their restaurant - parking requirement is one space per 3 seats, which would be 14 spaces and seems to work out. It would be very rare if you ever saw every table and every seat occupied. VILLAGE OF OAK BROOD. Zoning Board of Appeals Minutes Page 5 of 17 October- 7, 2008 oi� Member Nimry noted that in the mid 1990's, when the restaurant was D's Diggity Dogs, a left turn could not be made to go south onto Midwest Road At that time he had to make a left turn onto Butterfield Road and suggested that it might be a good idea to restrict exiting south on Midwest Road from the Midwest Road access drive, which would ease a lot of pressure off of that exit. Ms. Flock said that during the peak hours that could happen. Mr. O'Brien commented that the drive thru has been set up so that you enter from Midwest Road, but exit onto Butterfield Road, which gives the option of going east, or accessing the left turn stacking lane to go onto Midwest Road. They would not object to having a sign prohibiting left turns onto Midwest Road. Member Young questioned whether there was adequate room to enter the site. Director of Community Development Kallien responded that the Village Engineer reviewed the plans and they were revised to accommodate emergency vehicle access. Member Young questioned the status of the underground storage tanks. Mr. O'Brien responded that the underground tanks and the area had been remediated. Mr. O'Brien reviewed the requests. The landscape request is to reduce the 10- foot side yard requirement to 5 feet along the eastern boundary and along the drive -thru lane. The property east and south boundary are contiguous to other parking lots. They are not abutting a residential development, but it is commercial parking lot to commercial parking lot. There is existing landscaping along those boundaries and more will be provided where they can, since they believed it was better to provide more parking on the site than landscaping. When a property has been reduced in size such as this one, and it is located on a conger, there will be a trade off in order to get it redeveloped. They are seeking minimal relief in order to keep the project financially viable and with the ability to get it financed In fairness to the applicant, if the project were successful, it would be beneficial to the Village as far as sales tax revenue. The project is surrounded by a gas station that has been taken down across the street, a Jiffy Lube and a shopping center just north of it. All of which have had signage at the intersection. VILLAGE OF OAK. BROOD Zoning Boaid of Appeals Minutes Page 6 of 17 October 7, 2008 They are required to meet certain standards and have been provided in writing. The Plan Commission has recommended approval of the special use requests. Variation Standards: Mr O'Brien reviewed the variation standards for the record as follows: 1. a The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located. RESPONSE. In this case the site could not be financed or redeveloped without the small relief being requested. Undue hardship would be imposed upon the petitioner without the relief. It is doubtful that this small property could be redeveloped for any purpose without variations to the parking and landscaping requirements. Not only has there been a taking of the property due to the widening of the two roads, but the Health Department required that they provide the dry storage area, which caused the removal of some parking from the north side of the building. 1. b. The plight of the owner is due to unique circumstances. RESPONSE: The corner site being reduced in size and the irregular configuration of the property adds to the complexity of the redevelopment of the property 1. c. The variation, if granted, will not alter the essential character of the locality. RESPONSE: The use of the property as a restaurant is the same, as it existed prior to the request. In addition, the intersection of Midwest and Butterfield is entirely commercial, as are all uses surrounding the property, therefore the essentially character of the of the area will not be negatively impacted. The plans to redevelop the site would greatly improve and enhance the value of all surrounding properties. 2 a. The particular physical surroundings, shape, or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out. RESPONSE: Without granting the requested variations especially to the parking and landscaping they would be unable to redevelop or finance the redevelopment of the site 2 b.The condition upon which the petition for variation is based would not VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 7 of 17 October 7, 2008 be applicable generally to the other property within the same zoning classification. RESPONSE: Due to the expansion and widening of the adjacent roadways and the public safety requirements, the property has virtually been unusable without any variations. They do not believe that any piece of property situated in the Village of Oak Brook is similar to the subject property. The issues on this property are unique and it sits on the northern most corner of the Village almost like a finger from the village that is surrounded by another community's development and ordinances. If in Oakbrook Terrace, they would comply with the parking and srgnage requirements. 2. c. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located RESPONSE: They believe they meet this standard. The property is currently in a bad state of disrepair and the redevelopment would enhance the neighborhood while having no negative impact upon the public welfare or other properties in the neighborhood. 2. d.The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. RESPONSE. The redevelopment of this property would now meet all of the public health requirements. It meets all of the fire department requirements and that would ensure that the public health safety and welfare would be protected. The proposed one story structure would not impair the supply of light and air to adjacent properties. There are not increased dangers or negative impacts to the property values in the neighborhood 2. e. That the purpose of the variation is not based exclusively upon a desire to make more money out of the property. RESPONSE Other than granting the variations this site cannot be redeveloped. The redevelopment of this property would bring it up to current fare and health codes and allow the petitioner some return on his investment. Unless some consideration is given this property would sit idle. The Village would then also lose out on the sales tax revenue that would be generated by the property. The redevelopment of this property will serve many useful purposes beyond the petitioner's ability to make money from it VILLAGE OF OAK BROOD. Zoning Board of Appeals Minutes Page 8 of 17 October 7, 2008 2. is That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. RESPONSE. The hardship is due to existing conditions and the unique shape of the lot, which has been reduced in size due to the widening of the roads and has not been created by any person having an interest in the property. In order to reuse the property for any restaurant, it must comply with the DuPage County Health Department regulations, which reduced the ability to provide additional parking spaces. Mrs. Yu said that she appreciates what has been said, but she said that someone is not going to invest in this type of lot without due diligence. She has been a neighbor to this lot for 10 years and they follow every vile required by the Village. She would love to see this beautiful caf6 erected. When the lot was purchased, there were many other buyers interested. She agreed that a lot of the land was taken away for public safety. She said the applicant knew what they bought and she did not understand why they are asking for so many variances. She compared it to buying a pair of shoes that do not fit and you want to wear them anyway. The public will be hurt, including the neighbors. Mr. O'Brien responded that the traffic engineer testified that this property would comply and that parking is adequate even with the requested variations. The drive -thru is also adequate and cars would not stack cars onto Midwest Road, Mr. Savenok said that there are not many people in this economy pushing forward. This would create jobs and bring in more revenue to the Village. They are undertaking a huge risk with this property. Pictures of recently completed projects done in other towns were provided for the Board to review. They know what they are doing. There aie dust a few people trying to delay the process, which is causing additional hardship. It has increased their expenses to respond to unprofessional remarks that they have proven are untrue. Mrs. Savenok reviewed the pictures of the recently completed projects. The project had been in the Daily Herald the past week. People appreciated that they had taken a very ugly property and remodeled it. Three failed restaurants had left the previous owner with thousands of dollars owed in rent payments and the government towards sales tax. Right now, there are 7 out of 8 tenants renting in that building. They also remodeled another restaurant on Roosevelt Road that had been closed for almost 3 years It is now open, successful and bringing in a lot of money to the Village. Another property had been vacant for VILLAGE OF OAK BROOK. Zoning Board of Appeals Minutes Page 9 of 17 October 7, 2008 4 % years and was the ugliest property there. They remodeled it and right now it has been occupied for 2 1/z years. Another property is located on 22'd Street in Oakbrook Terrace. When they purchased the property there was only half of one floor was occupied; they brought in great tenants, one was an architectural mall and their gross sales were $29 million with approximately $2 million in sales tax. Merry Richards Jewelry is another property they redeveloped and it has produced millions in sales. They went through the hearing process because they could not meet the parking requirements and the City allowed them to reduce it to 53 out of 60 required. She is one of the tenants in the building and they have never had a problem with the parking lot. There is a hotel on one side and Giordano's pizza on the other and sometimes they park in her lot, and she understands that. She is not going to stand there and ask people to move. It just happens and it is not a big issue. She went from one business to another in the surrounding area from the subject property and all of the people from the businesses signed a petition in support of the project. They are business people and they understand that if the parking lot were frill people would not go there. They are going to rent parking spaces from a neighbor, but do not want to be held hostage to a lease, so they will have additional parking off the lot. Mr. O'Brien commented that this property has a higher elevation than the property to the south. If people really chose to park there, they would have to try to get through the landscaping and then deal with the elevation change on the parking lot. If anyone would park elsewhere to get to the restaurant, it would probably be in the shopping center north of the restaurant where a light would protect them when crossing. The expert testified that in her experience, they are comfortable that 22 parking spaces would be adequate for this development Dr. Yu said that in terms of the professional opinions expressed, versus sentiments of long -term residents, who live and experience the site the National standards might not be applicable to the locale He has been at that corner for 12 years. The traffic consultant agreed after a board member suggested the no left turn onto Midwest Road. He suggested an independent traffic assessment should be done of the situation and see if they come to the same conclusion. The board is supposed to protect the welfare of its residents. His major concern is parking and an overflow into his lot that would impact his patients. He believes that if a situation is present that cannot be resolved, then the solution is to ask for a variance to solve it. Mr. Savenok suggested that perhaps a no left turn should also be imposed at Dr Yu's parking lot. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 10 of 17 October 7, 2008 Member Young commented that Dr. Yu has the ability to hire a towing company to remove people that park in his lot. He said that the issues seem to be inner business concerns and not governmental concerns and perhaps he could sit and work with the new neighbor and work out an agreement to share the parking lot and make some money from it as well. It was not a suggestion, just a thought. Dr. Yu said that it is okay to grant variances if they make sense, but if variances impose hardships on other properties why would they allow them to go through. He feels he is being taken advantage of, because the overflow could go onto his lot. They welcome the development, but where is the line drawn. Chairman Davis questioned if overflow packing was experienced when it was D's Diggity Dogs. Dr. Yu responded that he was not aware of it happening, but they were never really busy. They do see some from across the street from Wendy's. Mr. O'Brien said that the request for the parking reduction was made at his suggestion to his client after the Plan Commission meeting when he realized that no variation for parking relief had been made. Mr. Savenok did feel comfortable that he would be able to secure a lease for off site parking, however, it was pointed out to Mr. Savenok (which was confirmed) that without the protection of an ordinance that would allow him to construct and maintain and operate it with 22 parking spaces, he would not be able to get it financed. The bank does not want to finance the collateral to redevelop the property and have the village come in and red tag, if a parking lease expired. They have testified that there would not be any overflow problems because expert testimony has confirmed that 22 spaces are adequate. Chairman Davis questioned what the solution would be if the testimony proved to be wrong. Mr. Savenok responded that they are going to have additional parking available elsewhere. At this time, he has several verbal agreements, but people would not commit to a lease agreement because the project has not even broken ground yet. Dr. and Mrs. Yu are the ones that went to the neighbors and talked them out of the lease, because he already had a written lease agreement. Now they are saying that there is going to be overflow parking. They will get a lease and it is in their best interest to have a lease, but they have to be protected by what exists on the property. If there is only one neighbor that grants them parking, he could be charged a thousand dollars per car and they would be stuck VILLAGE OF OAK. BROOK Zoning Board of Appeals Minutes Page 11 of 17 October 7, 2008 with it. They could bring the employees to the building from their office on 22nd Street in one car, which is only 3 minutes away. They are going to manage it because it is in their best interest to make sure that their patrons have enough room to park on their property Mrs. Savenok commented that Dr. Yu has many pregnant patients that come to his property and his driveway is only 30 feet away from the subject property. She has also spent a lot of time at this property and she has seen how people leave his lot and turn left from his property, so he should consider a no left turn from his lot in order to protect his patients. Dr. Yu said that he did not derail the plan. The Q -Tech owner decided to do this Member Nimry said that no matter what is said, the two parties will be neighbors and there are solutions to the problems. If both properties do not allow left turns from the lots, that may ease many of the problems on Midwest Road. Chairman Davis noted that the Zoning Board could restrict the left turn along with the special use request. Member Young questioned the lack of presence from Oakbrook Terrace since they police that area. He questioned whether the traffic engineer contacted the Oakbrook Terrace police regarding accident data He questioned whether D's Diggity Dogs had sought a dive -thru. Director of Community Development Kallien responded that statutorily when there are public hearings our rules have always been to notify all property owners within 250 feet, per the state statute. Many times the applicant is encouraged to go beyond that. The City of Oakbrook Terrace does not own any property within that area, therefore, it was not a requirement. Membei Rush said that when D's Diggity Dogs was approved they did not seek a drive -tluuu and the only thing they sought was to serve carafes of wine and the Village would not allow it because children would be there, that was the only restriction as he recalled. Director- of Community Development Kallien said that there were no special approvals granted to the property at that time. The gas station probably predated Oak Brook. In his staff report, he noted that there are many nonconformities on the site. The parking spaces that are delineated on the VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 12 of 17 October 7, 2008 existing site plan do not conform to Village code. The setback requirement in the parking lot does not meet Village code. A dumpster is out of compliance. The building had been literally shut down by the Health Department. It is in dire need of significant upgrades dust to be opened to the public. There were issues with the building in regards to fire alarm and fire suppression systems. It was an ongoing issue. There were many times when the previous owners were negligent in that area and they were constantly under the threat of having the occupancy pulled. There were many other things; including the building was falling apart and they made very quick cosmetic changes. It is a very ugly building and is not in the keeping with Oak Brook. He said that when you redevelop property sometimes situations exist where the applicants have no choice but to request variations because the building literally is out of compliance Especially in this environment, we need to make sure that whatever decision is made that the property and the business are at least viable in today's market. We want to make sure that they have the best opportunity to succeed. Member Rush said that he visited the site today from 11:45 until about 12:30 because he was concerned about the traffic and considering that Midwest Road is half closed all of the cars when through at an exchange. When it reopens there is going to be twice as many lanes for through traffic and he did not foresee that traffic would be a problem Ingrid Duiham identified herself an Alderman in the City of Oakbrook Terrace, but did not appear in any official capacity. As an interested citizen, she used to frequent D's Diggity Dogs and it was packed all the time. The proposal is a very attractive building and she is a stickler for parking issues. People would welcome a new restaurant and she thought it would be a sit down service. If it is a fast food there is going to be more in and out of the restaurant. She questioned the number of parking spaces and whether enough handicapped spaces would be provided, Every municipality has its ordinances and regulations for its reasons. Mr. Savenok commented that the kitchen had been designed to be oversized to accommodate the drive -thru very efficiently. In this day, a fast food restaurant without a drive -thni is a failure. The drive -thru should ease tip the traffic and parking to be able to serve people quickly and efficiently, Eugene Savenok said that in a free market society, if it is too crowded, people would just not go there. It will be a premium fast food restaurant, but the traffic would not be as crowded as a McDonald's would. VILLAGE OF OAK BROOK. Zoning Board of Appeals Minutes Page 13 of 17 October 7, 2008 Director of Community Development Kallien said for the record that occupancy loads, which are based upon building codes, are assigned by the Fire Department. Seats and parking spaces cannot be compared as equal items. He compared the Village Hall and available parking that could not be accommodated if every seat and department were completely occupied. If the business is successful, and the parking lot would be full people will go to another business, which is just a reality. Mrs. Yu said that she was confused since the village required additional parking and that the request is being rushed. She appreciates the hard work that has been done, and the building is beautiful, but she has concerns with the public safety and believes it should be discussed thoroughly. Sergi Savenok, son of the applicants said that his comments were not because they were his parents. He owns a successful business himself. He loves to eat and D's was one of his favorite restaurants. The reason it was always packed, was because there was no drive- tlu-u. He would sit and eat, but 90 percent of the people that came into the restaurant, picked up their food and left. If it had a drive -thru, it would not have been as packed because people would not have parked their car to run in and pick up their food. You want an operation that gets people in and out quickly, in a safe manner. In today's society, many people do not have the time to sit down. Portillo's has many people running the drive -thru because that is what people prefer. He also agreed with restricting the left turn onto Midwest. He agreed that if there are more than a few cars in the drive -thru he would go on to the next place because there are many other restaurants to go to. He does not understand the concern over the parking issue, because there will never be that many people parked there. Michael Basa said that he works with AT &T in a number of places in the Oak Brook area and drives by the building all the time with clients. The D's Diggity Dogs' building needs to be taken down. A drive -thru is an aid when you are looking for fast food. Parking never seems to be a concern in most restaurants. The Oak Brook community is ready for this type of development. Mr. O'Brien reported that the Plan Commission recommended approval of the special use requests for the outdoor dining area and the drive -thru lane. All of the parking issues were discussed at the two meetings held. He realized after reviewing all of his clients documents that the parking issue had to be addressed in order to make the stricture legal and financeable. They had the public hearing continued so that the request could be addressed. The off site parking was something that was an option, but the applicant would be held to a long- term packing agreement, VILLAGE OF OAK BROOK. Zoning Board of Appeals Minutes Page 14 of 17 October 7, 2008 e� Chairman Davis noted that the special use standards were submitted in writing on pages C and E of the case file. VARIATIONS Variation to Allow a Ground Sipn on a Property with Less than Three Acres Chairman Davis noted that the standards for a variation were addressed by the applicant in the testimony presented and in writing on page G of the case file. Motion by Member Bulin, seconded by Member Nimry that the applicant addressed the required standards to recorrunend approval of a variation to allow a ground sign on a property with less than 3 acres subject to the following conditions. 1. The ground sign is to be constructed in substantial conformance to the revised srgnage details and elevations drawings as shown on pages 36, 40 and 41 of the case file 2. 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, Knetsch, Nimry, Rush, Young, Ziemer and Davis Nays. 0 -- Motion Carried. Variation to Reduce the Landscape Setback Requirements Ad.iacent to Parking Areas Chairman Davis noted that the standards for a variation were addressed by the applicant in the testimony presented and in writing on page I of the case file Motion by Member Bulin, seconded by Member Ziemer that the applicant addressed the required standards to recommend approval of a variation to allow a reduction of the required parking lot landscaping subject to the following conditions: 1. To be developed in substantial conformance to the revised details dated September 2, 2008 as shown on page 37 of the case file. 2. 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. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 15 of 17 October 7, 2008 ROLL CALL VOTE: Ayes: 7 — Members Bulin, Krietsch, Nimry, Rush, Young, Ziemer and Davis Nays: 0 — Motion Carried. Variation to Reduce the Required Number of Parking Spaces Chairman Davis noted that the standards for a variation were addressed by the applicant in testimony presented and in writing on page 30 -30.a of the case file Motion by Member Bulin, seconded by Member Nimry that the applicant addressed the required standards to recommend approval of a variation to allow a reduction of the required parking spaces to 22 spaces as shown on the revised site plan subject to the following conditions. 1. To be developed in substantial conformance to the revised details as shown on page 38 of the case file. 2. 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: 5 — Members Bulin, Nimry, Rush, Ziemer and Davis Nays: 2 — Members Krietsch and Young. Motion Canned. SPECIAL USES Special Use to Allow an Outdoor Dining Area Adjacent to a Restaurant Chairman Davis noted that the standards for a special use were addressed by the applicant in the testimony presented and in writing on page C of the case file. Motion by Member Nimry, seconded by Member Bulin that the applicant addressed the required standards to recommend approval for a special use to allow an outdoor dining area adjacent to a restaurant subject to the following conditions: 1. The outdoor dining area is to be constructed in substantial conformance to the revised plans as shown on pages 36 and 37 of the case file. 2 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 — Motion Carried. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 16 of 17 October 7, 2008 0 Special Use to Allow a Drive Thru Lane for a Restaurant Chairman Davis noted that the standards for a special use were addressed by the applicant in the testimony presented and in writing on page E of the case file. Motion by Member Nimry, seconded by Member Krietsch that the applicant addressed the required standards to recommend approval to allow a drive -thru lane for a restaurant subject to the following conditions: 1. The drive thru lane is to be constructed in substantial conformance to the revised plans as shown on pages 36 and 39 of the case file 2. To allow a right turn only exit from the restaurant onto Midwest Road. 3. 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 — Motion Carried. G. OTHER BUSINESS There was no other business to discuss. 7. ADJOURNMENT: OTHER BUSINESS ADJOURNMENT Motion by Member Krietsch, seconded by Member Bulin to adjourn the meeting at 9 :50 p.m. VOICE VOTE: Motion carried ATTEST: Robert Kallie irector of 9ommunity Development Secretary VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 17 of 17 October 7, 2008