S-1070 - 05/11/2004 - SPECIAL USE - OrdinancesJ.P. RICK CARNEY
DUPpGE COUNTY RECORDER
MAY 19,2001 3:40 PM
OTHER 06 - 26 -100 -009
005 PAGES R2004- 134770
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 2004- ZO -SU -S -1070 AN ORDINANCE GRANTING A SPECIAL
USE TO TUSCANY RESTAURANT FOR AN OUTDOOR DINING AREA ADJACENT TO A
RESTAURANT
Property Address /es 1415 -1515 WEST 22ND STREET, OAK BROOK, IL 60523
If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 )
Pin /s Number 06 -26- 100 -009
Name & Address of Applicant TUSCANY OF OAKBROOK, INC., 1425 WEST 22ND STREET, OAK
BROOK, IL 60523
Name & Address of Responsible
Party to Receive Recorded
Document and Billing:
G/L Account # to be Charged
MR. SALVATORE GIOVANE TUSCANY OF OAK BROOK INC.
1425 WEST 22 N11 STREET
OAK BROOK, iL 60523
10 -1365
Prepared By: Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
Name & Address of Recipient
of Consideration (when applicable):
G/L Account # to be Charged
Return To Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
N/A
F
4a
ORDINANCE 2004- ZO -SU -S -1070
AN ORDINANCE GRANTING A SPECIAL USE TO
TUSCANY RESTAURANT FOR AN OUTDOOR
DINING AREA ADJACENT TO A RESTAURANT
1415 -1515 West 22nd Street, Oak Brook -- P I N. # 06 -26- 100 -009)
WHEREAS, an application has been filed requesting a special use for outdoor dining adjacent to
a restaurant at Tuscany Restaurant, 141 5 -1 51 5
22nd Street, Oak Brook (P.I.N # 06 -26- 100 -009),
WHEREAS, on March 15, 2004, the Plan Commission reviewed the request for a special use and
unanimously recommended its approval,
WHEREAS, on April 6, 2004, the Zoning Board of Appeals conducted a public hearing on the
request for a special use pursuant to due and appropriate legal notice, and recommended approval of the
special use; and
WHEREAS, the Zoning Board of Appeals and the Plan Commission found that the petitioner
satisfactorily addressed the factors required for approval of a special use and made specific findings
including that the special use for outdoor dining at Tuscany Restaurant would be operated so that the
public health, safety and welfare will be protected and there will be no substantial injury to other property
in the neighborhood.;
WHEREAS, the Zoning Board of Appeals and the Plan Commission also found that the request
for a special use was consistent with other outdoor dining arrangements within the Village of Oak Brook,
and
WHEREAS, the Village president and Board of Trustees have reviewed the recommendations of
the Plan Commission and Zoning Board of Appeals and deem the special use as set forth below to be in
the best interest of the village,
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 The recitals above are hereby incorporated into and made a part of this ordinance
Section 2 The Tuscany Restaurant is hereby granted a special use for outdoor dining adjacent
to a restaurant at 1415 -1515 West 22nd Street subject to the following conditions
1 Development of the outdoor seating area shall be in accordance with the detailed
site plan, dated December 19, 2004, prepared by Randy B Pruyn, ALA
2 The dining area may be set up between April 1 and April 15, and shall be removed
on or before October 15 of each year
3 The outdoor seating area will seat a total of fifty -six (56) persons consisting of two (2)
sections (twenty -eight (28) on the east side and twenty -eight (28) on the west side)
4 The restaurant will be responsible for maintaining and cleaning the outdoor area and
shall comply with all applicable requirements of the DuPage County Health
Department
1
Ordinance 2004- ZO -SU -S -1070
Special Use, Outdoor
Dining, Tuscany Restaurant
1415 -1515 W 22nd , Oak Brook
06 -26- 100 -009)
Page 2 of 3
5. The location of the outdoor seating area will not require any mayor construction as the
dining area already has a concrete floor and three foot (3') exterior lights
6 The design allows twenty -two feet (22') between the patrons and the existing
driveway, which includes the four and one -half feet (4 5') concrete sidewalk and a six
inch (6 ") curb, two (2) twenty foot (20') trees, grass and existing landscaping, which
is three feet (3') high and five feet (5') deep
7 The design includes egress access for both the East and West sections.
8 Each section will be surrounded with a three feet (3') high decorative metal and
canvas railing
9 There will be one mobile server station in each section to expedite service to the
patrons.
Section 3 This special use is limited and restricted to the property presently occupied by
Tuscany Restaurant, located at 1415 -1515 West
22nd
Street, Oak Brook, Illinois, which property is
legally described as follows
LOT 1 OF KALLENS TOWERS SUBDIVISION, BEING A SUBDIVISION OF PART OF
LOT 6 IN OAK BROOK INVESTMENT COMPANY ASSESSMENT PLAT NO 4 OF
PART OF THE NORTHWEST' /4 OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 11
EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID
KALLENS TOWERS SUBDIVISION RECORDED JULY 11, 1973 AS DOCUMENT R73-
42261 AND AMENDED BY DOCUMENT R77- 11482, IN DUPAGE COUNTY, ILLINOIS.
EASEMENTS APPURTENANT FOR INGRESS AND EGRESS AS CONTAINED IN
RECIPROCAL EASEMENT GRANT- 1972" RECORDED AUGUST 30, 1972, AS
DOCUMENT R72- 52352, AS AMENDED BY SUPPLEMENTARY EASEMENT
AGREEMENT RECORDED AUGUST 6, 2000 AS DOCUMENT R2000- 121579.
Section 4 This ordinance shall be in full force and effect from and after its passage, approval
and publication as required by law
Section 5 All ordinances or parts thereof in conflict with the provisions of this ordinance be and
the same are hereby repealed to the extent of such conflict
APPROVED THIS 11th
day of May, 2004.
Village resident
PASSED THIS 11th day of May, 2004
Ayes. Trustees Aktipis, Caleel, Craig, Korin and Zannis
Nays: None
Absent' Trustee Yusuf
f ,
OF s1
t7
r Qe
S/1 %1 Z-Cr
Ordinance 2004- ZO -SU -S -1070
Special Use, Outdoor
Dining, Tuscany Restaurant
1415 -1515 W 22nd , Oak Brook
06 -26- 100 -009)
Page 3 of 3
STATE OF ILLINOIS )
SS.
COUNTIES OF COOK AND DUPAGE )
I, Linda K. Gonnella, do hereby certify that I am the duly elected and acting
Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois.
I DO FURTHER CERTIFY that on May 11, 2004 , the corporate
authorities of the above municipality passed and approved
Ordinance 2004- ZO -SU -S -1070 ,
AN ORDINANCE GRANTING A SPECIAL USE TO TUSCANY RESTAURANT FOR AN
OUTDOOR DINING AREA ADJACENT TO A RESTAURANT
1415 -1515 West 22nd Street, Oak Brook -- P.I.N. #06 -26- 100 -009)
I DO FURTHER CERTIFY that the original documents, of which the
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 17 thday of May , 2004
Linda K. Gonnella, CMC
Village Clerk
Village of Oak Brook
DuPage and Cook Counties, IL
EXHIBIT B.1
EXHIBIT B