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Minutes - 11/05/2013 - Zoning Board of Appeals MINUTES OF TIIE NOVEMBER 5, 2013 REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON APRIL 1,2014 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 7:04 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Members Jeffrey Bulin, Natalie Cappetta, Baker Nimry, Alfred Savino, Steven Young Wayne Ziemer and Chairman Champ Davis IN ATTENDANCE: Mark Moy, Trustee and Robert Kallien, Jr., Director of Community Development 3. APPROVAL OF MINUTES: MINUTES Motion by Member Young, seconded by Member Ziemer to approve the minutes of the October 1, 2013 Regular Zoning Board of Appeals meeting as written. VOICE VOTE: Motion carried. 4. UNFINISHED BUSINESS BUSINIS BUSINESS Unfinished Business was moved to after New Business on the agenda. 5. NEW BUSINESS NEW BUSINESS A. PERRY'S STEAKHOUSE — 5 OAKBROOK CENTER — SPECIAL USE o RRY'S K- 5 —OUTDOOR DINING AREA ADJACENT TO A RESTAURANT OUTDOOR DINING AREA Chairman Davis announced the public hearing and reviewed the request. All witnesses were sworn in. Majdi Hijazin,Attorney for Perry's Steakhouse, LLC,introduced the following, David Freeman, Director of Operations of Perry's Steakhouse, David Kastendieck, Project Architect, Identity Architects and Chuck Fleming, General VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1 of 9 November 5, 2013 Manager, Oakbrook Shopping Center. Mr. Hijazin reviewed the history and background of the request. This would be their first location in Illinois. They own nine popular restaurants in Texas and the tenth is scheduled to open in Oak Brook in November. They are also planning to open another restaurant in Denver, Colorado next year. Perry's has received numerous awards, including the best new restaurant in 2010 by the Dallas Morning News and rated excellent by Zagat magazine. They are seeking to bring a similar dining experience to Oak Brook. The owners of the Oakbrook Center support the request as well as area tenants, including Old Town Pour House that is adjacent to Perry's. The Plan Commission recommended reviewed the request at its October meeting and recommended approval unanimously. He reviewed the operation and conditions proposed for the outdoor dining area as follows: 1. The outdoor dining area will be 582 square feet with no more than 20 seats provided. 2. The barrier system will be custom made with concealed bollards, concrete planters, steel railings and will be similar in design with the interior finishes found within the restaurant. A permanent concrete block wall with a stone finish will be provided. It will meet or exceed the barricade standards required by the Village. 3. The 3-foot wide emergency egress gate will open out only. 4. The patio will contain a 3-foot ribbon gas fireplace with an access panel underneath through which the fireplace connects to a main gas line. There will also be an emergency disconnect lever. 5. There will be no signage or barriers placed in the outdoor patio. 6. 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. 7. A minimum 9-foot wide sidewalk will be located adjacent to the outdoor dining area and will be maintained at all times. 8. No live music, dancing or other outdoor entertainment will be permitted with the exception of background music through outside speakers that complies with the Village of Oak Brook sound standards and the Oakbrook Center tenant requirements. 9. Access to the outdoor dining area will be through the restaurant only. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 9 November 5, 2013 10. Planters will be watertight with internal drainage to allow greenery and flowers. 11. The biggest issue is safety, which has been addressed. As part of the special use petition, the outdoor dining area and the planter barriers would be constructed as submitted on the plans as approved. 12. The outdoor dining area will be operated as submitted above. Special Use Factors Mr. Hijazin reviewed the special use standards as follows: 1. Is of the type described in subsection Al of this Section, is deemed necessary for the public convenience at that location; RESPONSE: Per the Village of Oak Brook this was not applicable 2. Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected; RESPONSE: The dining area will be in substantial accordance to the floor plans as submitted and as part of the special use petition. The perimeter planter/barrier will be constructed in accordance with the plans submitted. The dining area will be operated in accordance with the rules of operations and as verbally addressed. 3. Would not cause substantial injury to the value of other property in the neighborhood in which it is located. RESPONSE: He noted that the request had gar=nered the support from the surrounding area tenants as well as the Oakbrook Center. Chairman Davis noted that the Plan Commission voted 5 to 0 to recommend approval subject to conditions and the petitioner agreed to those conditions. Member Savino questioned why the first standard was not applicable. Director of Community Development Kallien responded that the uses operated by public agency or publicly-regulated utilities, or uses traditionally affected with a public interest, would be for a much larger area and not on private property. Member Bulin questioned the number of outdoor seats and noted that more than 20 seats were shown on the plan. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 9 November 5,2013 Pit Mr. Kastendieck responded that a bench had been taken out by the exit and no longer exists. Member Bulin noted that with the bench removed there could still be 22 seats. Chairman Davis noted that the request was for 20 seats. The members discussed the possible number of seats that would be allowed per the plans submitted. Although the Plan Commission approved 20 seats, the approved plan actually showed more. It was agreed that they would recommend support for additional seats providing they meet the building code. Chairman Davis questioned whether they would like to modify the request to allow the additional seats. Mr. Hijazin agreed, providing it did not affect the recommendation from the Plan Commission. Director of Community Development Kallien responded that the layout is in substantial conformance to the plans recommended for approval by the Plan Commission. At this hearing, a closer counting of the actual number of potential seats were noted and would not be objectionable if it was left at 20 or more as counted. Chairman Davis added that the only change to the Plan Commission recommendation would be to increase the maximum seating capacity. Member Ziemer reviewed the numbers and with the one table removed, there would be 22 seats. Mr. Kastendieck noted that the bench as shown on the plans had to be removed during construction per the building inspector due to building code requirements for the exit. Member'Bulin noted that the plan did not reflect the changes made. Mr. Kastendieck committed to providing a revised plan showing the 22 seats prior to the Village Board meeting. No one from the audience spoke in support of or in opposition to the request. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 9 November S, 2013 Motion by Member Young, seconded by Member. Nimry that the applicant had satisfied the requirements for a special use for an outdoor dining area and to recommend approval of the request subject to meeting the following conditions: 1 The development of the outdoor dining area shall be in substantial conformance with the revised plans to be submitted to the Village Board as approved. 2. The restaurant will be responsible for maintaining and cleaning the outdoor area and comply with all applicable requirements of the DuPage County Health Department. 3. The outdoor dining area will be operated in accordance with the following rules of operation; a. A maximum seating capacity for 22 patrons may be provided in the outdoor dining area. b. No live music, dancing or other outdoor entertaimnent will be permitted with the exception of several outdoor speakers that will be located in the outdoor dining area. 4. Comply with all other applicable rules and ordinances of the Village of Oak Brook. 5. Add the provision"Notwithstanding 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, Cappetta, Nimry, Savino, Young, Ziemer and Chairman Davis Nays: 0 Absent: 0— Motion carried. 4 A. VILLAGE OF OAK BROOK — TEXT AMENDMENT — FENCE vos - TEXT AMENDMENT - REGULATIONS rr:xcr: REGULATIONS Chairman Davis swore in Director of Community Development Kallien. Director of Community Development Kallien noted that fences are historically sacred. Some subdivisions do not allow them, except around swimming pools, some allow them with restrictions and fences are widely accepted in others. The direction of the Village Board was to review increasing the maximum VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 9 November 5, 2013 height of fences from 42 to 48 inches and to maintain the 50 percent open. The Plan Commission ultimately gave a recommendation to increase the height to 48 inches. They also reviewed a proposed clarification of the text for fencing in the Code. The fence regulations are bare, relative to the intent. They were tailored around the 42-inch height and 50 percent open. There were no other attributes regarding fences. On pages 28-28.a of the case file recommends options to maintain the current height or increase the height, and the review of the proposed amendments provided by staff. Chairman Davis asked what the original recommendation was from the Village Board, and what prompted it. Director of Community Development Kallien reviewed the background regarding the approved 48-inch fence height variations for the Grane's and Pridmore's in the Forest Glen Subdivision. During the course of the Village Board discussion, and knowing that the Village requires a minimum 48-inch height fence around swimming pools, a couple of Trustees thought that the issue should be reviewed, since the original 42-inch height rules were adopted in the first zoning ordinance back in 1966. Dr. Moy explained why the Village Board referred the review of the fence regulations to the Plan Commission and Zoning Board. As an example, that if you went to Home Depot, the industry standard is 48 inches. The next question came up as to why the Village would make it more difficult for the citizens of Oak Brook by limiting them to 42-inch high fences, when in every case they would need to have the fence custom made. They discussed that if the industry standard was 48-inches we should consider the change to make it easier on the citizens of Oak Brook, which was the only rationale in bringing this up. There was no intention of opening a Pandora's box of whether or not to have fences. The only concern of the Village Board was to.make it easier on the citizens. They saw the fence issue as that subdivision covenants are under the control of the homeowner associations because they determine/restrict where fences go, etc. unlike the broad use of the Code of the Village. There was never an intention to interfere with homeowner association presidents and their associations governing of the fence issue. The only thought was to make it easier for the citizens if they wanted a fence. Director of Community Development Kallien said that in reviewing the codes of other similar communities, wealthy suburbs that have larger open spaces and it was found that Oak Brook still has literally the most stringent restrictive fence regulations around. Chain link fences are not allowed for the most part, so the majority of fences are expensive wrought iron and many are integrated with VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 6 of 9 November 5,2013 YAW very expensive pillars, ornamental features and lights, which are wrapped into the driveway gates. Many times the permit for the fence and driveway gates is valued at more than most houses are in other suburbs. For many properties fences are a big deal. Some subdivisions, such as Trinity Lakes and Forest Glen for example do not look at things in that way. So when people buy into those subdivisions they agree as part of their closing documents that they will adhere to the subdivision covenants. Some of Oak Brook has subdivisions with formal covenants and other parts of Oak Brook are not in subdivisions with formal covenants. We are trying to create regulations that apply to subdivisions or properties that do not have covenants. Member Nimry noted that a subdivision without covenants has nothing to enforce. He said that friction is created when a homeowner obtains a permit for a fence from the village. The subdivision covenants override the permit. He did not have a problem with that if the Village went along with it. He said that his problem was that fence permits would not be issued to those subdivisions and to figure out something that would protect the homeowner associations. He said many subdivisions have those covenants. Member Savino questioned if the Village checks to see if there is a homeowner's association when a permit is submitted. Director of Community Development Kallien responded that for all types of exterior permits, the Village requires written communication from the association. The problem is that if the subdivision denies the request, they deny it based upon its individual covenants, but if it meets the Village requirements in the Zoning Ordinance, we have been advised by the Village attorneys that the Village is bound to issue the permit, but that does not happen often. Member Nimry agreed that Trinity Lakes provides a letter for exterior approval and the communication with the Village is wide open. Member Savino said that if the Village communicates to the homeowner association that a permit has been issued, the homeowner can be warned before they install a fence. Member Nimry said that once the property owner has a permit they do not care what the association says. Director-of Community Development Kallien said that it is costly to enforce the covenants. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Paagge;7 of 9 November 5,2013 Member Savino said that this has been a situation since the very beginning of the Village. Chairman Davis questioned how often the situation occurs. Director of Community Development Kallien responded that it did not happen often, but it could happen and has happened. Gail Polanek, Planning Technician noted that when speaking to residents in person and on the telephone, when someone is looking at buying a home or asking about installing a fence or other change to the property, the first thing they are told is to contact the homeowner association to advise them what they plan to do because the association would provide the Village with a letter with its approval. A few have questioned what would happen if the homeowner association does not approve the request; and in response Village staff advises that if it came down to that, which it rarely does, the permit could be issued, but if they tried to construct it, the homeowner association would be in a position to sue them to remove it because they were advised when they bought their property in the particular subdivision and agreed to those covenants. Director of Community Development Kallien added that when people are looking at homes in Oak Brook they ask whether or not they can put up a fence or a coach house or driveway gates, etc. and they are advised to contact the homeowner associations. The Village tries its best, upfront to minimize any conflicts that come with the Village rules versus individual homeowner association covenant rules. It is not without some pitfalls. If there would be a push to eliminate fences, there would be a push back by those who have fences because it would put them in a category of what would that do to their existing fence. All of the existing fences in Oak Brook would fall into a gray area. Member Nimry questioned whether the 42-inch fence originally adopted by the Village was intentional in order to make it difficult to put up a fence. Member Young suggested that the ASTM_regulation be added to sport fences. Member Young questioned dog runs and he questioned a definition for a dog run and the encouragement of barking dogs. There was a brief discussion regarding dog runs. Director of Community Development Kallien noted that the Village does not allow someone to treat their entire yard as a dog run and barking dogs would be a police issue. The members agreed to include a definition for dog runs. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 8 of 9 November 5,2013 Chairman Davis polled the board on the options contained in the Staff memorandum. Five members would favor maintaining the 42-inch high fence and two members would approve the increase to the 48-inch height stating that they did not see a big change in allowing an additional 6 inches to a fence and it would save the homeowners money. Under chain link fence requirements it was agreed to allow them around subdivisions provided that vegetation is provided on both sides of the fence to provide screening of the fence. It was also agreed to revise the finish side of the fence to read as follows: If there is only one finished side, the finished side of the fence must face to the outside. Motion by Member Nimry, seconded by Member Young to continue the hearing on the amendment to the Fence Regulations to the next regular meeting. VOICE VOTE: Motion carried 6. OTHER BUSINESS OTHER BUSINESS There was no other business to discuss. 7. ADJOURNMENT: ADJOURNMENT Motion by Chairman Davis, seconded by Member Young to adjourn the meeting at 8:10 p.m. VOICE VOTE: Motion carried ATTEST: /s/Robert L. Kallien, Jr. Director of Community Development Secretary VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 9 of 9 November 5, 2013