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S-994 - 06/26/2001 - ZONING - Ordinances Supporting DocumentsvE. OF 044, O H' VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60523 -2255 June 15, 2001 MEMO TO: Village President & Board of Trustees FROM: Richard A. Martens, Village Attorney SUBJECT: Maggiano's, 240 Oakbrook Center Special Use, Additional Outdoor Dining PHONE. 1630 990 -3000 FAX 1630 990 -0876 W E B S I T E lwww oak -brook org Pursuant to your direction, I have drafted the attached ordinance which amends an existing special use permit by expanding the outdoor dining area at Maggiano's, increasing the maximum outdoor seating from 54 to 88. I understand you will consider this ordinance at your reqular meetinq on Tuesdav, June 26, 2001. RAM.sps Attachment cc. Stephen B. Veitch, Village Manager Robert L. Kallien, Jr., Director of Community Dale L. Durfey, Jr., Village Engineer I WDNIIN\SSCH&tIDT\WORDDOC \RAM \6 -26BOT doc 4 7. B. 1) Village Attorney Martens indicated that the Resolution passes ash the Resolution does not involve a liability to the Village or an y expenditure or appropriation and therefore only requires a majority of those present. 02) ORDWANCE #2001- ZO -SU -EX 1 -S -994 AN ORDINANCE AMENDING AN ORDINANCE GRANTING A SPECIAL USE FOR OUTDOOR DINNG AREA ADJACENT TO RESTAURANT (*V1AGGIANO'S OAK BROOK LIMITED_ PARTNERSHIP, 240 OAKBROOK CENTER) The Village Attorney has drafted Ordinance 2001- ZO -SU -EX 1 -S- 994, "An Ordinance Amending An Ordinance Granting a Special Use For Outdoor Dining Area Adjacent to Restaurant ( >vlaggiano's Oak Brook Limited Partnership, 240 Oakbrook Center) ", which amends an existing special use permit by expanding the outdoor dining area at Maggiano's, increasing the maximum outdoor seating from 54 to 88. Motion by Trustee Savino, seconded by Trustee Konn, to approve Ordinance #-2001- ZO- SU -EXI -S -994, "An Ordinance Amending An Ordinance Granting a Special Use For Outdoor Dining Area Adjacent to Restaurant (Maggiano's Oak Brook Limited Partnership, 240 Oakbrook Center) ", as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes 4 - Trustees Butler, Craig, Korin and Savino Nays 0 - None. Absent: 2 - Trustees Caleel and Miologos 3) RESOLUTION #2001- SD -FP -R -782. A RESOLUTION APPROV THE FrNI AL PLAT OF SUBDIVISION KNOW-Ni AS YORKSHIRE GLEN OF OAK BROOK (4 YORKSHIRE WOODS OAK BROOK, IL 60523) The Village Attorney has drafted Resolution #2001- SD -FP -R -782, "A Resolution Approving the Final Plat of Subdivision Known As Yorkshire Glen of Oak Brook (4 Yorkshire Woods, Oak Brook, IL 60523) ", approving the Final Plat of Subdivision of Yorkshire Glen of Oak Brook VILLAGE OF OAK BROOK Minutes Page 5 of 16 June 26, 2001 ORD =0I - LO -St�- EXI -S 942 OTDR DNG AREA RES - 01 -S[) -f f' -R- FNLPL\FOI SUB lQRKSHIRf GI F. J,J I J,P, "RICK" CA NEY DUPpGE (AUNTY RECORDER PLNTZ6,2001 3:52 PM 004 PAGES R2001za 154420 (Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523 -2255 RECORDED DOCUMENT TITLE PAGE Title of Document ORDINANCE 2001- ZO- SU -EX1 -S -994 AN ORDINANCE AMENDING AN ORDINANCE GRANTING A SPECIAL USE FOR OUTDOOR DINING AREA ADJACENT TO RESTAURANT (Maggie 3kbrook Limited Partnership, 240 Oakbrook Center: Property Address /es 240 OAKBROOK CENTER, OAK BROOK, IL 60523 (If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL Pin /s Number 06 -23- 300 -032 Name & Address of Applicant MAGGIANO'S /CORNER BAKERY, 101 WEST GRAND AVENUE CHICAGO, IL 60610 Name & Address of Responsible Party to Receive Recorded Document and Billing. G/L Account # to be Charged MAGGIANO'S /CORNER BAKERY 101 WEST GRAND AVENUE 1 n -1 *ipr; Prepared By Village of Oak Brook 1200 Oak Brook Road Oak Brook. Illinois 60523 Name & Address of Recipient of Consideration (when applicable) - G'/L count -# to be Charged Return T Village of Oak Brook 1200 Oak Brook Road (-Oak Brook, Illlinois 60523 N/A ORDINANCE 2001- ZO- SU -EXI -S -994 AN ORDINANCE AMENDING AN ORDINANCE GRANTING A SPECIAL USE FOR OUTDOOR DINING AREA ADJACENT TO RESTAURANT (Maggiano's Oakbrook Limited Partnership, 240 Oakbrook Center) WHEREAS, on July 13, 1993, the Board of Trustees passed Ordinance 93- ZO -SU -E1 which granted a special use to allow use of an outdoor dining area adjacent to a restaurant at Oakbrook Center ( "Property ") subject to certain conditions and restrictions; and •759 WHEREAS, on July 12, 1994, the Board of Trustees passed Ordinance 94- ZO- SU -E1 -S; 775 which ordnance extended the dates when outdoor dining is permitted and also extended the setup and take -down periods; and WHEREAS, an application has been filed by the tenant at this Property requesting a special use to accommodate an expanded outdoor dining area which increases the maximum outdoor seating from 54 to 88; and WHEREAS, a public meeting on such application has been conducted by the Plan Commission of the Village of Oak Brook on May 21, 2001, and said Commission has submitted its report on the subject application to the Zoning Board of Appeals and the President and Board of Trustees and has recommended approval of the proposed amendment; and WHEREAS, a public hearing on such application has been conducted by the Zoning Board of Appeals of the Village of Oak Brook on June 5, 2001, pursuant to due and appropriate legal notice, and said Board has submitted its report on the subject application to President and Board of Trustees and has recommended the approval of the proposed amendment, and WHEREAS, the President and Board of Trustees have reviewed these recommendations and concur with the recommendations and deem the passage of this ordinance to be in the best interest and in furtherance of the general welfare of the Village of Oak Brook, NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein. Section 2: That Section 3(1) of Ordinance 93- ZO- SU -E1 -S -759, "An Ordinance Granting a Special Use For Outdoor Dining Areas Adjacent to Restaurants" is amended to read as follows: "1. Outdoor dining is permitted from April 15 through October 15 for each year this Special Use Permit is in effect in the area so designated on the proposed Exterior Seating Plan, depicting a 88- person maximum, drawn by Aria Group Architects, Inc , consisting If one sheet, dated September 2, 1999 and approved by Oakbrook Center on March 14, 2001, a copy of which is attached hereto and incorporated herein. The outdoor dining area may be set up between April 1 and April 15 and removed by October 15 for each year this Special Use Permit is in effect " Section 3 That all provisions of Ordinances 93- ZO- SU -E1 -S -759 and 94- ZO- SU -E1 -S -775 not amended herein are and shall be in full force and effect Ordinance 2001- ZO- SU -EX1 -8-994 Amending an Ordinance to Expand an Outdoor Dining Area, 240 Oakbrook Center, Page 2 Section 4: That this ordinance is limited and restricted to the property presently occupied by Maggiano's Restaurant located at 240 Oakbrook Center, Oak Brook, Illinois, which property is legally described as: Lots 1, 2, 3, 4, 5, 6, 7 and 9 in Oakbrook Terrace, a subdivision of part of Section 23 Township 39 North, Range 11 East of the Third Principal Meridian, excepting from said Lots 3 and 9 those parts thereof dedicated for highway purposes by instruments recorded on September 8, 1961 as Document R61 -21444 and on November 20, 1961 as Document R61- 30843; and excepting from said Lots 5 and 7 those parts thereof dedicated for highway purposes by said instrument recorded as Document R61- 30843, and excepting from said Lot 9 that part thereof included within the First Federal Resubdivision, a resubdivision recorded May 3, 1978 as Document R78- 38235, in DuPage County, Illinois, containing 5,695,107 square feet (130.7417 acres), more or less. Permanent Parcel No. 06 -23- 300 -032. 1 Section 5: That this ordinance shall be in full force and effect from and after passage a approval pursuant to law. PASSED THIS 26thday of June .2001 Ayes- Trustees Butler, Craig, Korin and Savino Nays None Absent: Trustees Caleel and Miologos Abstain. None APPROVED THIS26th day of June , 2001. V rs A� l Oe UNT Approved as to Form: f Village Attorney Published Not Publis I\ ADMIN\, SSCHMIDl1WORDDOC10RD1MAGGIANO'S dot Village President t � STATE OF ILLINOIS SS. COUNTIES OF COOK AND DUPAGE I, Linda K. Gonnella, do hereby certify that I am the duly elected and Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois. I DO FURTHER CERTIFY that on June 26, 2001 , the corporate authorities of the above municipality passed and approved Ordinance 2001- ZO- SU -EX1 -S -994 AN ORDINANCE AMENDING AN ORDINANCE GRANTING A SPECIAL USE FOR OUTDOOR DINING AREA ADJACENT TO RESTAURANT (Maggiano's Oakbrook Limited Partnership, 240 Oakbrook Center) I DO FURTHER CERTIFY that the original documents, of which th� annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same. I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties, Illinois. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 23rd day of July 920 01 jjh��M1�n'•.wl�rirTt� � uF't e41— .mo %','.� Linda K. Gonnella, CMC Village Clerk Village of Oak Brook DuPage and Cook Counties, IL SEE FxH-#Zi-r FLC- FOR S- y14 fop, 4. RELA)ED Eyl+*I%iT bRAwi. u� July 27, 2001 MEMO TO Stephen B Veitch Richard A. Martens Linda K. Gonnella FROM Linda Andrys SUBJECT Recorded Documents 1 .� 1 Dale L. Durfey Robert L. Kallien Alice Filinovich The following documents were recorded on July 26, 2001 1 ORDINANCE 2001- ZO- V- S- 992/Front Yard Setback Emmanuel & Irene Rousonelos, 3103 York Road, Oak Brook, IL 60523 R2001-1 154419 Recording Fee S18 0000 G /L# to be Charged 10 -1365 2 ORDPNANCE 2001 ZO- SU- EX I- S- 994/Outdoor Dining Seating from 54 to 88 � gc ) Maggiano's, 240 Oakbrook Center, Oak Brook, IL 60523 R2001- 154420 Recording Fee S30 00 G /L# to be Charged 10 -1365 3 ORDINANCE 2001- ZO -V -S- 997 /Front Yard Setback John Kosowski, 909 Merry Lane, Oak Brook, IL 60523 R2001- 154421 Recording Fee S1800 G /L# to be Charged 10 -1365 4 COVENANT FOR MAILBOX Gus T Dames, 508 St Johns Court, Oak Brook, IL 60523 R2001- 154422 Recording Fee S 18 00 G /L# to be Charged 111 -7700 5 COVENANT FOR MAILBOX Samantha P Kumar, 205 St Michael Court, Oak Brook, IL 60523 R2001- 154423 Recording Fee $18 00 G /L# to be Charged 111 -7700 6 LAWN SPRINKLER SYSTEM COVENANT RUNNING WITH LAND Caron Lizzadro, 38 Windsor Drive, Oak Brook, IL 60523 R2001- 154424 Recording Fee S 18 00 G /L# to be Charged 10 -1365 7 LAWN SPRINKLER SYSTEM COVENANT RUNNING WITH LAND James & Ann Degerstrom, 102 Knollwood Court, Oak Brook, IL 60523 R2001- 154425 Recording Fee $18 00 G /L# to be Charged 10 -1365 8 STATUTORY LIEN FOR WATER SERVICE Patricia S Jans, OS655 Cedar Avenue, Elmhurst, IL 60126 R2001-154426 Recording Fee $1800 G /L# to be Charged 121 -7700 9 RELEASE AND WAIVER OF WATER SERVICE LIEN Judith Ciriano, 19WO79 Avenue Barbizon, Oak Brook, IL 60523 R2001-154427 Recording Fee $1800 G /L# to be Charged 121 -7700 cc Official Files /RECDOC /2001 -RECM E'00 -07 -27 a R,d Is—IgLf Of 04 �� d y 90 O - y 2 D•�.- 0 1 D 5 �q9y R CGarz b L r-) NcG 1aT71�G1 -jE j� VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60523 -2255 PHONE FAX W E B S I T E September 14, 2001 Maggiano's /Corner Bakery 101 West Grand Avenue Chicago, Illinois 60610 Re Recorded Document on July 26, 2001 Ordinance 2001- ZO -SU -EX 1- S- 994/R2001- 154420 Special Use - Outdoor Dining 240 Oakbrook Center Oak Brook, IL 60523 Dear Sirs A copy of the above noted document is enclosed for your information. This is an important record and should be retained in a secure area within your files. 30 990 -3000 30 990 -0876 ww oak -brook org If you need any further assistance in this matter, please feel free to contact me at 630 - 990 -5770 on Monday through Friday from 9am to 5pm. Sincerely, Linda M. Andrys Records Management Clerk /lma Enclosure cc Dale L Durfey, Jr., Village Engineer Robert Kallien, Jr., Director of Community Development Official Files V S —jj 9Lj /RECDOC/ 2001 - RECLTR- ORD -S- 994- MAGGIANO'S CORNER BAKERY