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Minutes - 06/27/2011 - Zoning Board of Appeals MINUTES OF THE JUNE 27, 2011 RESCHEDULED REGULAR MEETING OF TIIE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON AUGUST 2,2011 1. 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 7:02 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairman Champ Davis, Members Jeffrey Bulin, Natalie Cappetta,Baker Nimry and Wayne Ziemer. ABSENT: Member Steven Young. 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 3,2011 Motion by Member Ninnry, seconded by Member Ziemer to approve the minutes of the May 3, 2011 Regular Zoning Board of Appeals meeting as written. VOICE VOTE:Motion carried. REGULAR ZONING BOARD OF APPEALS MEETING OF JUNE 7,2011 Motion by Member Nimry, seconded by Member Ziemer to approve the minutes of the June 7, 2011 Regular Zoning Board of Appeals meeting as written. VOICE VOTE:Motion carried. 4. UNFINISHED BUSINESS UNFINISHED suslNESs A. GROTTO OAI� B BROOK — 3011 BUTTERFIELD ROAD — SPECIAL UTTER - sort 'UTTER FIELD RD- USE—AMEND CONDITIONS CONTAINED IN ORDINANCE S-1117 sPEcIAL USE - AMEND ORD S-1117 Chairman Davis swore in those that testified at this hearing. Don Lullo, General Manager of the Grotto Italian Steakhouse restaurant noted VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page I of 11 June 27, 2011 that the previous sound consulted, Shiner had required $10,000 to do some testing, which was out of their price range. Cline and Associates was hired at a cost of$5,000 to do the sound testing study and to provide a recommendation. This was done as a commitment to the community and the residents of the towers. He reviewed the testing results of the study, which had just been completed over the weekend and dated June 27, 2011. One of the measurements was taken at a 12 floor condo resident that allowed them to come into his home to take readings. All measurements were done without outside influence. He(Mr. Lullo)was not allowed to be near or around the testers when the measurements were taken. The testing results in the report indicate at both testing points were below the Village 60-dBA limits from the 200-Hz and above frequency range. As far as frequency bands below 200 7Hz ambient levels just prior to the start of DJ activities well exceeded 60-dBA limits and actually tracked lower during DJ activities. The slight reduction could be attributed to slightly reduced traffic movements during the averaging periods a little over an hour apart. He doubted that averaging levels in the lower frequency range as mentioned fall under 60- dBA until well into the a.m. long after DJ activities cease. Measurements at the residential tower were inconclusive showing general high ambient noise levels slightly below those measured on site. It was important to note that the resident reported perceivable noise levels from the club had dropped as of recent perhaps attributed to management actions as recommended in their earlier report. The resident on the 12th floor commented to him that he had noticed a significant noise reduction from the beginning of the summer up to the point that testing was done. In conclusion the report noted that vehicular traffic and generally commercial district noise contribute to creating high ambient noise levels and therefore mask typical on and off source measurements in the 200-Hz and below frequency range. However, clearly while DJ actives contribute to ambient noise levels measured,they fall well below the Village's 60-dBA limits at both testing points in the 20-1-1z and above frequency range. It was their opinion that the current activities at the Grotto meet the Village's noise limitations as noted above. He said that he has offered his personal help with controlling noise, along with his personal cell phone and business card. They have spent $5,000 on the testing. As part of the recommendations, they were advised to change the VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 11 June 27,_ 2011 speaker positions and locations,which they have done. The base has been split between two speakers and will be elevated to the canopy framework. Management erred when the speakers were faced toward the building away from the pond, when that actually created a higher noise level. This was corrected by facing the speakers away from the building and positioned so that the noise would be further reduced. It was also suggested that the controls on the DJ mixer be set at a lower range than the rest of the speakers. Chairman Davis questioned whether all of the changes outlined in the June 17, 2011 report had been implemented. Mr. Lullo responded that about 40 percent of the recommendations had been implemented. They were waiting on brackets In order to remount some of the other speakers. Two base speakers were being ordered. The other speakers have been repositioned as recommended. Chairman Davis questioned that they were working to comply with the recommendations. Mr. Lullo agreed that they were. Member Nimry said that the consultant noted in the June 27th report that the implementation of the previous recommendations should further reduce off-site noise emissions. Dominic Ruggerio, 3 North Tower Road, President of the Oak Brook Towers townhome and homeowner associations, said that Mr. Lullo did provide a copy of the June 27, 2011 report at the beginning of the meeting and they have not yet had a chance to review it. He noted that at the previous hearing the Grotto was to keep track of the calls in their record book and he had a number of the neighbors reported to him that although they did there was no change and a number of residents told him that the music had not diminished. He said that a point of the evaluation should be taken right at the water. Mr. Lullo reported the following complaints in the log book. On June 3, 2011, Robert Mesch called at 10:45 p.m. and said that the snare drum was too loud, and the sound was reduced. He noted that none of the residents left their phone numbers when they called, so he was unable to call anyone back. On June 17, 2011, a resident called and asked for the music to be turned down. Mr. Mesch called again on June 24, 201 land the music was turned down. One June 25, 2001 a police officer stopped by during a regular check and noted that everything was at an acceptable level. Gloria Fonte, 20 North Tower Road, Unit 9-h, said that they are residents of Florida, but do reside in the Tower over the summer months. She made many phone calls last year. She did call last week, but did not leave her name. She VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 11 June 27, 2011 questioned why the music had to be played outdoors instead of inside. Consuelo Alexander, 17 N North Tower and is one of the closest townhomes to the Grotto. She said that her grandchildren do not sleep over anymore and she cannot open her windows during the evening because of the loud noise, which is unbearable. She invited anyone to come to her house to see for themselves. She also did not think that$5,000 was too much to pay since they make a lot of money. The noise impacts the resident's lives,which is very precious. Margaret Langer, 20 North Tower Road, Unit 8d, said that she called twice to the Grotto. Once on June 10 at 11:30 and Mr.Lullo turned the music down. At 12:1.5 the music started again and was very loud and went on until 1:30. On June 17, she called at 12:37 and asked them to turn down the music, but did not recognize any changes. She invited the consultants over, but they went up to the 12th floor,which was fine. She did however purchase a small decibel meter to do her own measurements. At 8:50 the music had not started and her meter recorded between 64 and 65 decibels. At 10:13 it was the same; at 10:44 it was 67-68; at 10:56 it was 66-67; at 11:10 it was 69-70; at 11:21 it was 68-69; at 12:35 it was 71-72 and then she called to complain, which was not recorded in the log book. She said that some of the phone calls are not recorded in the log book. Luz Bermundez,40 North Tower Road,Unit 8d, she said that they cannot have this in the middle of the night and all the people are to be respected when they are sleeping. Robert Mesch, 20 North Tower Road, 3rd floor, said that they have not received an explanation as to why the Grotto is being allowed to continue to play music outside without a permit. He said that they tools a poll of the restaurants around the Grotto and they have a competitive advantage over the other restaurants in the immediate vicinity. He included,Benihana,PF Chang, Weber Grill, Capital Grille, Champps, Red Stone, Ditka's, Reza's, etc. that are abiding by the noise ordinances that are in force, but the Grotto's is not. (Note: none of the restaurants mentioned are located in Oak Brook). They are concerned that they are not receiving the same privileges as the Grotto. He called the Oak Brook Police Dept on Friday evening, but the music was not turned off until 1:40. They are not imagining the sound that is intrusive. On Saturday at 11:30, four residents of the Oak Brook Towers, drove to the Oak Brook Police Department to file a formal complaint. They explained the formal complaint process. They are fed up and have been polite and courteous neighbors. The noise ordinance is not adequate. They are concerned that the noise will diminish the value of their properties. Chicago would never allow this type of noise. He supports all VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 11 June 27, 2011 of the surrounding restaurants in the area, but will not support the Grotto anymore. He drove around to listen to the music, which could not be heard at the southern end of the building, so if the music is going to be allowed, the speakers should be pointed directly south toward I-88, away from the Towers. They do not want to hear the speakers pointed toward their building any longer. They just want to be able to sleep at night. Mr. Lullo responded that in response to the music from across the street, the representative from Cline and Associates said that the music coming from Champps was louder than the music coming from the Grotto. He would see that statement being added so that it is submitted to the Village. The Grotto has shown that they do care. They have taken measures and continue to take measures Member Nimry pointed out that the restaurants mentioned by Mr. Mesch are not located in Oak,Brook, so those issues cannot be addressed. On page 3 of last month's meeting minutes contained a comment from Member Young, who said that a decibel meter has to be certified and tested, so one cannot just buy one from Fry's or Best Buy and use it. It must be calibrated and tested. He said that Cline and Associates, who actually worked on Navy Pier, used the proper instruments. Chairman Davis questioned how many of the recommendations made in the Cline Report dated June 17,2011 had been completed. Mr. Lullo responded that the recommendations were to reface the wall mounted speakers and they have refaced 80 percent. They had to order new brackets for 3 of the speakers so that they could be mounted and directed towards the center of the patio instead of directing out towards the water. They have talked to live entertainment about purchasing dual subwoofers to break down the sub sound, but they are not in place yet. They just put in place the speaker positioning of the DJ booth facing down the pathway of the patio instead of directly at the building in order to bring down the reverberation of the noise being carried over the pond. They have installed the separate level control for base on the DJ's panel, with white tape where he cannot exceed. He has talked to all of the entertainment about that as well. Unfortunately on Thursday and Saturdays it is live bands and they do not carry electronic equalizers like the DJ has, so the music has to be controlled right through the snare drum, or guitar to reduce that noise. They have not complied with all the recommendation yet, because they are waiting on equipment. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 11 June 27, 2011 Member Bulin questioned how the location at the Tower was picked by the consultant. Director of Community Development Kallien responded that the consultant picked a unit that faced the Grotto. Gail Polanek said that she had given the consultant several names and the only phone number she had was for Mr. Weidman, who had offered his unit for testing. Mr. Cline was going to see if he could get access to any of those units. Member Ziemer questioned whether any readings had been done post performance. It is a relatively noisy corner and if they are done earlier there would be a relatively high ambient noise level. In the evening that is when the irritation is there, Mr. Lullo said that the last reading was done about midnight from the 12th floor of the tower during the performance. Chairman Davis questioned if there was a difference between the noise from the live band or the DJ? Mr, Mesch responded that two Thursdays ago a Reggae band played and the music was awful. The decibel levels were equally offensive as the DJ's. He got out of bed at 11:15, got dressed and drove over there to confirm the music was coming from that band. He recorded the sound with his video camera and it was clearly audible at the property line. He called that evening and asked that his name be logged into the log book. Member Nimry noted that the minimum 60 decibels is not a whisper, it is loud. Chairman Davis asked if there were any changes proposed to the special use request. i Mr.Lullo responded no. Chairman Davis noted that the standards had been testified to and were submitted in writing in the case file. Chairman Davis said that he understood the concerns of the public and they will be ready to review the report and would also like to have the input of Member Young whom they consider to be their sound expert. He also suggested that the matter be continued to allow time for all the recommended improvements to be VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 6 of I l June 27, 2011 in place. The board will be prepared to take a vote after the report is reviewed and he urged Mr. Lullo to proceed with due speed to complete the improvements. Member Bulin requested that the raw data be submitted from Cline and Associates. Member Nimry agreed and noted that Member Young had made the comment that the data should be an average reading not a single reading, Member Ziemer suggested a post performance as a base line. Mr. Ruggerio commented that the issue that the Grotto does not have a permit for the live music has come up since day one. Although the group has been pretty amenable,he suggested that there not be any music until Mr. Young puts his blessing on it. Consuelo Alexander said that they are seeking the help of the Zoning Board of Appeals and asked what kind of penalty would the Grotto get to reassure the residents that it was not going to continue. She asked how not having a permit can be ignored. She apologized for being abrupt but was looking for some consideration regarding their sleepless nights. William Lindeman, 11 Pembroke Lane, resident said that he questioned the wording of the ordinance. He said that it was nonsensical to have a noise ordinance that specifies the property boundaries as opposed to the area controlled by the occupant. He questioned what would happen if Labriola would want the same Reggae band on their patio. He talked with officials of Lombard regarding the restaurants at Fountain Square and was told that only Champps had applied for game night and acoustic night. In his Freedom of Information Request he asked for the application and conditions of where the music would be. The reply indicated that there was no outside source for music. There are small speakers outside. It was obvious that they were unable to dance on the patio. The speakers are in rocks, with soft music. The history of the Grotto is that they can do what they want and see how far they can push it. Chairman Davis asked when the recommended changes at the Grotto would be completed. Mr. Lullo responded that it was difficult to say but would estimate 2-3 weeks. Chairman Davis urged him to do whatever was necessary to get the work done. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 7 of 11 June 27, 2011 If anything further is to be reported the Zoning Board would like the material a week before as well as in the hands of the homeowners association. He suggested that the meeting be continued in order to do their job thoroughly so that all interests are taken in consideration. Margaret Langer said that this has been going on for two years and they cannot sleep two nights out of each week. She gets up at 5:30 and works Fridays and Saturdays and it is unbearable. She said that if the board went through the experience they would understand. Chairman Davis asked Mr. Lullo, until all the improvements are made if he could change the time or do something so that the concerns can be alleviated. Mr. Lullo responded that on behalf of the Grotto he would like to think that they have been addressing these concerns. Every week it seems like it does not matter what they do,or if they turn the music down or change speakers. He said that someone said that they heard the music at 2:00 and there is no music playing at 2:00, because the liquor license ends at 2:00 and the music is off by 1:40. They could try to turn it off a half hour earlier. They are showing what they want to try to do with the consultant. The confusing thing to him is that out of all the residents in the entire area of Meyers and Butterfield Roads, no one else from no other complex can hear anything. If the music was so loud and disturbing, why hasn't he received any calls or someone from any other community in the area complaining? There are communities directly in sight of the sound, across from Dicks Sporting Goods and they have not received one complaint from anyone. It is only from these particular guests at the towers. He does care about them, but it gets frustrating because he feels like it is one way or no way. They are trying to survive. It is not about that the study was only $5,000 and everyone is making money because the recession has not gone anywhere. They are struggling to stay afloat and whatever recommendation is going to be made they are going to continue to try to comply with what the Zoning Board wants and what the residents want. They will keep trying, turning it down,monitoring it, and they have taken a lot of strides. The resident that allowed them to use his unit said that it has been noticeably changed from this year to last year. None of that has been talked about. The Grotto is trying to do the very best that it can,but he did not know if there was anything that the Grotto could do that would make these residents happy than to just shut down the music altogether and that is it. i Motion by Member Nimry, seconded by Member Ziemer to continue the public hearing to allow for the completion and review of the report and for Member Young to be present. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 86of�11 June 27, 2011 Chairman Davis said that if possible, a special meeting could possibly be scheduled. S. NEW BUSINESS NEW BUSINESS A. . GRANE — 610 LAWOOD COURT — VARIATION — FENCE I.WWOOD cz i KE - HEIGHT VARIATION - FNNCE HEIGHT Chairman Davis reviewed the requested variation and swore in those that would provide testimony. He noted that the 60" fence had been installed and was in use. He noted that the applicant had received approval from the Forest Glen Homeowner Association. Paul Grane, 610 Lakewood Court said that they were seeking approval to maintain a fence that it is higher than the maximum allowable height for fences. He apologized for having already erected the fence. At the time the fence was being installed they had a few 911 calls for their 7 year old son with autism who had gone missing from their home. They were not thinking clearly at the time and just wanted to get a fence in place. When they realized that they were in violation of the height restriction they had every intention of applying for a variation,but that unfortunately became a back seat to all of the other needs of their son who is mostly nonverbal and does not speak very much. Children with autism are prone to wandering, which is the case with their son. They have implemented many security measures with locks and a security system, but he still finds ways to escape. There is a pond directly behind their house and he is drawn to the water. He does not swim and has already gone into the pond. A 42-inch high fence does not contain him and he has figured out how to climb the 60-inch fence. They are already taking additional measures to add shrubbery to hide the hinges so that he cannot climb over. They have spoken to their neighbors and the homeowner association and have been given approval by everyone. There is also a letter from the child's principal stating his condition and the special school that he attends. They are trying to keep their son safe and protected in their neighborhood. The standards were submitted in writing as part of their application, and are in the case file. In addressing some of the standards, he stated that these are unique circumstances since the child has autism. Children with autism are prone to wandering and there is a pond located directly behind their home, he is VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 9 of 11 June 27, 2011 attracted to water and cannot swim. If granted, the variation will not alter the essential character of the locality and they have received written approval from the homeowners association. Prior to installation,they had provided samples of the fence to the board and it was also shown to both neighbors. Chairman Davis confirmed that as part of the approval of the variation the applicants stated that they were willing to remove the fence should they move or if they child was no longer living at the home. Mr. Grane agreed. Director of Community Development Kallien said that the applicant had received approval of a 42-inch high fence and added that the condition could include approval to reduce the height of the fence to that of being in compliance with the zoning regulations at the time of property is sold, etc. Chairman Davis stated that the standards had been addressed to recommend approval of the requested variation. Motion by Member Bulin, seconded by Member Ziemer to recommend approval of the requested variation to allow the existing 60-inch fence to remain on the property subject to the following conditions: If the property is sold or if the child leaves the home,the fence would be brought into compliance with the zoning regulations at that time or be removed all at the expense of the property owner. ROLL CALL VOTE: Ayes: 5—Members Bulin, Cappetta,Nimry, Ziemer and Chairman Davis Nays: 0 Absent: 1 —Member Young. Motion Carried. 6. OTHER BUSINESS OTHER BUSMSS It was announced that Member Rush has retired from the Zoning Board of Appeals and will be very much missed. Members discussed issues that the Zoning Board has seen that are not covered by the Zoning Ordinance, such as tents, outdoor dining and music. Member Nimry asked if they could be added with description and guidelines. If surveys are done reasonable standards could be included and it then added to the Zoning Ordinance. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 10 of 11 June 27, 2011 Director of Community.Development Kallien said that when the surrounding towns were surveyed it was discovered that many towns control this issue through the liquor license. There was nothing new to report on the Drake Hotel that has been purchased by IBLP. There was no other business to discuss 7. ADJOURNMENT: ADJOURNMENT Motion by Member Bulin, seconded by Member Ziemer to adjourn the meeting at 8:36 p.m. VOICE VOTE: Motion carried ATTEST: Robert Kallien,Dire r of Comm ity Development Secretary VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 11 of 11 June 27, 2011