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S-759 - 07/13/1993 - SPECIAL USE - Ordinances (2)93-ZO-SU-E1-S-759 AN ORDINANCE GRANTING A SPECIAL USE •• • �••• •L711YZIIVWIR (Maggiano's Oakbrook Limited Partnership, 240 Oakbrook Center) WHEREAS, an application has heretofore been filed by the tenant of a part of a building in the Oakbrook Center, which is located at 240 Oakbrook Center, for approval of the issuance of a Special Use Permit to authorize an outdoor dining area adjacent to a restaurant on said property, and the beneficial owner of said property has approved said application; and WHEREAS, pursuant to Ordinance 93-ZO-TA-G-514 , the Village President and Board of Trustees of the Village of Oak Brook have, amended the Zoning Ordinance of the Village of Oak Brook (a) to permit outdoor dining areas adjacent to restaurants in those zoning districts where such areas are permitted as a special use, and (b) to add such areas as a special use in the B-2 Regional Shopping Districts; and WHEREAS, all of the Oakbrook Center is zoned B-2, Regional Shopping Center District; and WHEREAS, a public hearing on such application has been conducted by the Plan Commission of the Village of Oak Brook on May 17, 1993, 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 issuance of such special use permit, subject to certain conditions; 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 1, 1993, pursuant to due and appropriate legal notice, and said Commission has submitted its report on the subject application to President and Board of Trustees and has recommended the approval of the issuance of such Special Use Permit, subject to certain conditions; 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 a Special Use Permit pursuant to the provisions of Section VIII(D) be and is hereby granted for the use of an outdoor dining area adjacent to a restaurant at 240 Oakbrook Center, which Center is legally described as follows: 93-ZO-SU-E1-S-759 Granting a Special Use For An Outdoor Dining Area Adjacent To A Restaurant, 240 Oakbrook Center Page 2 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. Section 3: That the Special Use Permit herein be granted specifically subject to the following conditions: 1. Outdoor dining is permitted from May 1 through September 30 for each year this Special Use Permit is in effect in the area so designated on the proposed Exterior Seating Plan drawn by Aria Group Architects, Inc. and dated June 17, 1993, a copy of which is attached hereto and incorporated herein. 2. Said area shall be developed and used in substantial conformity with said Exterior Seating an and access thereto shall be through Maggiano's Restaurant only. 3. In October of each year this Special Use Permit is in effect, all outdoor equipment, including planters, will be removed and caps shall be placed over the holes in the sidewalk to return the area to the condition it was in prior to outdoor dining operations. 4. The restaurant operator shall be responsible for maintaining and cleaning the outdoor area. 5. Not less than a five-foot sidewalk area for pedestrian traffic shall be maintained at all times as indicated on the aforementioned plan. 6. There shall be no music, dancing or other entertainment offered within the dining area. 7. The emergency egress gate is to open out only. It shall be five feet wide and used for emergency exit purposes only. If the property owner fails to meet the conditions of this section, upon written notice to the operator of the restaurant, then if such conditions are not met within ten (10) days after receipt of said notice, this Special Use �• 93-ZO-SU-E1-S-759 Granting a Special Use For An Outdoor Dining Area Adjacent To A Restaurant, 240 Oakbrook Center Page 3 Permit shall automatically terminate and be of no further force .or effect. Section 5: That this Ordinance is limited and restricted to the property presently occupied by Maggiano's Restaurant located at 240 Oakbrook Center, Oak Brook, Illinois. Section 6: That this ordinance shall be in full force and effect from and after passage and approval pursuant to .law. PASSED THIS 13th day of July , 1993. Ayes: Trustees Bartecki, Kenny, McInerney, Payovich, Shumate and Skinner Nays: Absent: Abstain: APPROVED THIS 13th day of July , 1993. ATTEST: � � � �� n� Vill ge Clerk Appr_ ed as to Fo/rim: Village Attorney �.. V�age President Published Date Paper Not Published ,t its fi r7`7 MAL �F-10?- Fe7 CEI:l EET7 1 Qr — LL p 2J_ &o Wl 2}�,-(�.HIGG��F��x II -6h C)ap �2 �C i 7�.�S�R�DN1�G�''E. ZoU-J"�) l c o s �P Go!-al.(zErE i.lJe��K. 2, PUp,�s AR6 � � !�iGu.iDE 3. lrl� 76- 06517) a0656 G? -1 Ejc-j-E�lo( %ASE y �\ J 12 Ur4D ECaG of ., Aria Group Architect* Inc. 1100 West Lake Street suite 140 Oak Park. Illinois 60301 708.$45.8400 FAX M. 445. 1788 114.1, C-01 ZL _Cr, rqzm, Q-Grf^-l6RaL r� �Iwoct5 4/271 q3 Revisions Drawing tea, "1 Peri i4; t -4 0 S �l Job No. q Z Date Sheet No.