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S-759 - 07/13/1993 - SPECIAL USE - Ordinances .r 93-ZO-sU-E1-s-759 AN ORDINANCE GRANTING A SPECIAL USE FOR OUTDOOR DINING AREAS ADJACENT TO RESTAURANTS (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 Plan 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: None Absent: None Abstain: None `.- APPROVED THIS 13th day of July , 1993. Vil age President ATTEST: Villarge Clerk 5pqred as to Form: Village Attorney Published Date Paper �... Not Published XX r t ORDINANCE 93-ZO-TA-G-514 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF OAK BROOK PROVIDING FOR OUTDOOR DINING AREAS ADJACENT TO RESTAURANTS AND FOR AN ADDITIONAL AUTHORIZED SPECIAL USE IN THE B-2 REGIONAL SHOPPING CENTER DISTRICT WHEREAS, an application has been filed requesting a text amendment to authorize outdoor dining areas adjacent to restaurants in zoning districts where such use is authorized as a special use and a further text amendment to authorize such use as a special use in the B-2 Regional Shopping Center District within the Village of Oak Brook; and WHEREAS, the Zoning Board of Appeals on June 1, 1993, and the Plan Commission at its meeting on May 17, recommended approval of the requested text amendments; 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 Sections VIII(B) (2) of the Zoning Ordinance of the Village of Oak Brook be and is hereby amended to read as follows: "(2) Scope: All business establishments shall be retail trade or service establishments dealing directly with consumers and all goods produced on the premises shall be sold on the premises where produced, and all business, service, storage, merchandise, display, and where permitted, repair and processing shall be conducted wholly within a completely enclosed building except for (a) off-street automobile parking, off-street loading, and open sales lots and drive-in facilities in districts where they are permitted, and (b) outdoor dining areas adjacent to restaurants in districts where outdoor dining areas are permitted as a special use. Goods sold shall consist primarily of new merchandise, except for antique shops." Section 3: That Sections VIII(D) (2) of the Zoning Ordinance of the Village of Oak Brook be and is hereby amended by adding thereto a new subsection (f) to read as follows: "(f) Outdoor dining areas adjacent to restaurants" Section 4: That this Ordinance shall be in full force and effect from and after passage and approval as provided by law. Section 5: That the Village Clerk is hereby authorized and directed to publish this ordinance in pamphlet form in the manner provided by law. ' Ordinance 93-ZO-TA-G-514 Amending the Zoning Ordinance Pro- viding for Outdoor Dining Areas Adjacent to Restaurants and for and Additional Authorized Special Use in the B-2 Regional Shopping Center District Page 2 PASSED THIS 13th day of July , 1993. Ayes: Trustees Bartecki, Kenny, McInerney, Payovich, Shumate and Skinner Nays: None Absent: None Abstain: None APPROVED THIS 13th day of July , 1993. V1 age President ATTEST: Vi la C er Approved as to Form: Village Attorney Published 7-14-93 Pamphlet form Date Paper Not Published � V j♦ � DuPage County. Trustee Kenny moved to pass Resolution No. 93-DP-DA-R-588 as presented and waive the full reading thereof. Seconded by Trustee McInerney. ROLL CALL VOTE: Ayes: 6 - Trustees Bartecki, Kenny, McInerney, Payovich, Shumate and Skinner. Nays: 0 - None. Absent: 0 - None. Motion carried. B. RESOLUTION NO. 93-AP-R-589 RESOLUTION OF APPRECIATION - RES. NO. DONALD A. SANDSTEDT (55 Regent Drive): 93-AP-R-589 SA\TDSTEDT President Bushy read in its entirety a resolution commending Donald A. Sandstedt for his service to the Village of Oak Brook in his capacity as a member of the Plan Commission from May, 1984 through June, 1993. Trustee Skinner moved to pass Resolution No. 93-AP-R-589 as presented. Seconded by Trustee Kenny. VOICE VOTE: Motion carried. C. RESOLUTION NO. 93-AP-R-590 RESOLUTION OF APPRECIATION - RES. NO. MOTRIA C. SOSENKO (377 Forest Trail): 93-AP-R-590 SOSENKO President Bushy read in its entirety a resolution commending Motria C. Sosenko for her service to the Village of Oak Brook in her capacity as a member of.the Plan Commission from September, 1992 through June, 1993. Trustee Skinner moved to pass Resolution No. 93-AP-R-590 as presented. Seconded by Trustee McInerney. VOICE VOTE: Motion carried. D. ORDINANCE N6. 93-ZO-TA-G-514 A ORDINANCE AMENDING THE ORD. NO ZONING ORDINA GE OF OAK BROOK PROVIDING 93-ZO-TA-G-5' FOR OUTDOOR DINING AREAS ADJACENT TO RESTAURANTS AND ZON. ORD. FOR AN ADDITIONAL AUTHORIZED SPECIAL USE IN THE B-2 OUTDOOR REGIONAL SHOPPING CENTER DISTRICT (Oakbrook Center): DINING AREAS (Oakbrook Discussed and direction given at the Regular Meeting of June 22, Center) 1993. Trustee Skinner moved to pass Ordinance No. 93-ZO-TA-G-514 as presented and waive the full reading thereof. Seconded by Trustee Kenny. ROLL CALL VOTE: Ayes: 6 - Trustees Bartecki, Kenny, McInerney, Payovich, Shumate and Skinner. Nays: 0 - None. VILLAGE OF OAK BROOK Minutes 4 July 13, 1993 `6 Absent: 0 - None. Motion carried. E. ORDINANCE NO. -ZO-SU-E1-S-759 ORDINANCE GRANTING A ORD. NO. SPECIAL USE FOR NG AREAS ADJACENT TO 93-ZO-SU-E1- RESTAURANTS (Maggiano's Oakbrook Limited Partnership, 240 S-759 Oakbrook Center): S.U. OUTDOOR DINING: Discussed and direction given at the Regular Meeting of June 22, (Maggiano's) 1993. Trustee Skinner moved to pass Ordinance No. 93-ZO-SU-El-S-759 as presented and waive the full reading thereof. Seconded by Trustee Kenny. ROLL CALL VOTE: Ayes: 6 - Trustees Bartecki, Kenny, McInerney, Payovich, Shumate and Skinner. Nays: 0 - None. Absent: 0 - None. Motion carried. F. A RESOLUTION REPEALING RESOLUTION 93-SD-El-R-586 AND AMENDING A RESOLUTION APPROVING A PLAT OF ABROGATION AND PLAT OF RESUBDIVISION KNOWN AS BUCK-ERNIE PYLE RESUBDIVISION (16th Street and Castle Drive): President Bushy stated counsel for the applicant, David Gooder, requested this be placed later on the agenda so that he may address the item. 8. DEPARTMENTAL REPORTS - SPECIALTY AREAS: DEPARTMENTAL Environmental Concerns & Public Works: Trustee Payovich - Offered REPORTS prayers for those affected by the severe flooding. President Bushy stated a few residents inquired into any relief efforts by the residents of Oak Brook. Trustee Payovich will research if any residents would offer the use of a truck to accept donated items for the flood stricken victims and report to the Board at their next Regular meeting. Finance/Purchasing: Trustee Bartecki - Audit has been completed and will have the final report July 31, 1993. Library & Hotel, Convention and Visitors Committee: Trustee McInerney - The Hotel Convention and Visitors Committee is improving their method of distribution of gift certificates, as previous records were not retained on who received these certificates. Mr. Kruvi is the new Chairman of the Oak Brook Hotel, Convention and Visitors Committee. Personnel & Public Safety: Trustee Kenny - Fireman Scott Harris' father passed away and extended condolences to the family. The Fire Department participated in the Hinsdale and Downers Grove July 4th parades. VILLAGE OF OAK BROOK Minutes 5 July 13, 1993 4 Dining" as a Special Use in the B-2 Regional Shopping Center District and authorize the Village Attorney to draft the necessary ordinance to effectuate same. Seconded by Trustee Kenny. VOICE VOTE: Motion carried. Trustee Shumate voiced his concern for public safety at outdoor cafes. Trustee Bartecki re-affirmed the seriousness of granting a Special Use permit for outdoor cafes. He stated users must comply with Village rules and regulations. �... C. RECOMMENDATION - MAGGIANO'S (240 Oakbrook Center) - MAGGIANO'S "OUTDOOR DINING" SPECIAL USE: SU OUTDOOR DININ( The Plan Commission recommended for approval on May 17, 1993 by a vote of 6 to 0 and on June 1, 1993, the Zoning Board of Appeals held the necessary public hearing regarding Maggiano's request for the Special Use of "outdoor dining" and recommended approval by a vote of 5 to 0. There was no public testimony at either meeting pertaining to this request. Trustee Skinner moved to approve Maggiano's request for a Special Use for "Outdoor Dining" in the B-2 Zoning District and.authorize the Village Attorney to draft the necessary ordinance to effectuate same. Seconded by Trustee Kenny. VOICE VOTE: Motion carried. D. ONE-DAY LIQUOR LICENSE REQUEST - CATERING BY MICHAEL'S ONE-DAY (Katten, Muchin & Zavis): LIQUOR LICENS Trustee Skinner moved to concur with the Local Liquor Commissioner and grant the issuance of a One-Day, Class "D" Liquor License to Catering by Michaels, caterer for Katten, Muchin & Zavis's Corporate Picnic at the Polo Show Field on Sunday, August 1, 1993. Seconded by Trustee McInerney. VOICE VOTE: Motion carried. 11. ADJOURNMENT: ADJOURNMENT Trustee Skinner moved to adjourn the meeting at 8:25 p.m. Seconded by Trustee Bartecki. VOICE VOTE: Motion carried. ATTEST: Linda K. Gonnell_a Village Clerk r btmn62293 ^ _ J VILLAGE OF OAK BROOK Minutes 7 June 22, 1993 INDEX Page Contents 13 Revised Exterior Seating Plan (not attached to files) 12 Memo to Board of Trustees from Tom Hawk re: recommendation 11-11a Zoning Board of Appeals Minutes from June 1, 1993 10 Letter from Zoning Board of Appeals Chairman to Board of Trustees re: recommendation 9 Letter from Plan Commission Chairman to Board of Trustees and Zoning Board of Appeals re: recommendation 8 Plan Commission Minutes from May 17, 1993 7 Memo to Plan Commission and Zoning Board of Appeals from Tom Hawk re: Fire and Police Departments 6-6a Memo to Plan Commission and Zoning Board of Appeals from Tom Hawk re: considerations 5 Letter to David Gooder from Tom Hawk re: Board of Trustees referral 4 Legal Notice Certificate 3 Board of Trustees referral (minutes of April 27, 1993 meeting) 2 Referral Memo to Board of Trustees from Tom Hawk re: Maggiano's Petition 1-lb Special Uses - Zoning Ordinance, Section XIII, J, 1-6 (pgs. 971-973) A Petition/Application B Special Use Condition List C Map Showing Adjacent Zoning D Location Map E Receipt/Payment F Letter from David Gooder (petitioner's attorney) to Village re: application Maggiano's G Legal Description H Exterior Seating Plan (Superseded by 13 - not attached to files) I Photographs of Exterior Dining Enclosure of 041 k 99O v } 20 4 9CE CouNO VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 i 0S x)90- 3000 MEMO June 16, 1993 TO: President Bushy d Board of Trustees FROM: Tom Ha SUBJECT: JMB Retail Properties and Maggiano's Restaurant proposed Text Amendment for "Outdoor Dining" Special Use request. Recommendation: For approval. Outdoor dining areas of restaurants as a Special Use in B-2 Zoning Districts can be effectively regulated In current restaurant characteristics, these facilities are seen by the public as an attractive and desirable service. The proposals as they now stand wish to accomplish the following: 1. Text amendments to permit "Outdoor dining areas adjacent to restaurants" as a Special Use in B-2 Regional Shopping Center Districts. 2. Approval of this Special Use for Maggiano's Restaurant in Oakbrook Center subject to specified conditions. The Plan Commission and Zoning Board of Appeals have held the necessary hearings and both have recommended approval by 5 to 0 margins. There has been no public testimony objecting to these proposals. Testimony by Maggiano's management indicates that their organization is currently operating several other restaurants with outdoor dining and they are familiar with and able to deal with the unique characteristics of such facilities. If it is your wish to approve these proposals, it would be appropriate to authorize the Village attorney to draft the necessary ordinance. TRH/gp At� V. JMB Retail Properties - Amend Section VIH(B)(2) - Oakbrook Center VI. MAGGIANO'S - Special Use for Outdoor Dining Area - 240 Oakbrook Center Due to the relationship of these two requests, the public hearings were held jointly. Attorney David Gooder, Chuck Fleming of JMB and Mark Tourney of Maggiano's were swom in by Chairman Davis. Attorney Gooder, reported that the text amendment for "outdoor dining" as a permitted use had been withdrawn and that they were proceeding with the alternative for "outdoor dining" as a Special Use in B-2 Districts. Gooder, Fleming and Tourney described their requests and answered the questions of the ZBA members. The discussion covered the following: 1. Maggiano's operates seven other restaurants with outdoor dining areas. 2. The same type of tables and chairs will be used as are inside. 3. No additional lighting will be needed. 4. The planters forming the perimeter of the dining area will be approximately 3 feet high and will be weighted with sand and anchored to the concrete slabs. 5. There will be no detrimental effects on neighboring tenants and a five foot wide pedestrian way will be maintained across the site. 6. The possibility of eliminating the sharp corners of the planters. Attorney Gooder made the following comments regarding the Special Use standards: 1. There are no detrimental effects to neighboring property owners or tenants. 2. There are no adverse effects on public interest. 3. There is a public benefit in providing this desirable increase in available services. 4. That public safety, health, and welfare are not adversely effected. There was no public testimony regarding these requests. Member Martis moved, seconded by member Dosedlo to recommend approval of the text amendments to allow "outdoor dining areas" when part of a special use and to establish each special use in B-2 zoning districts. ROLL CALL VOTE: Ayes: Davis, Dosedlo, Hasen, Martis Nays: None Motion passed. Member Hasen moved, seconded by Member Dosedlo to recommend approval of Maggiano's request for an "Outdoor Dining Area" Special Use, subject to the following conditions: a. The dining area will be designed, located, furnished and walled-in as shown in the Site Plan and access shall only be through Maggiano's Restaurant. ZONING BOARD OF APPEALS Minutes j June 1,1993 1 2 ` b. The area shall be kept clean and in first-class condition at all times. C. Sale of alcoholic beverages shall be restricted to customers who order food. d. There shall be no music, dancing, or other entertainment. e. No furnishings or surrounding walls shall be permitted at the location between October 1 and April 30. f. The wood planters are to be weighted with sand and bolted to the concrete. g. The emergency egress gate is to open out only and to be 5 feet wide. h. No signage to be placed on planters. ROLL CALL VOTE: Ayes: Davis, Dosedlo, Hasen, Maras Nays: None Motion passed. VII. ADJOURNMENT Member Hasen moved, seconded by Member Dosedlo, to adjourn the meeting. VOICE VOTE: Allin Favor. Motion passed. Meeting was adjourned at 8:40 p.m. Director of Code Enforcement - Secretary '•l a �� Co f / cI r Date Approved ZONING BOARD OF APPEALS Minutes June 1,1993 Aa. pOH OF 0qk e9 v G O� O tb\ C O i � COUNS�` VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 June 11 1993 Board of Trustees Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60521 Subject: JMB Retail Properties Request for "Outdoor Dining" as a Special Use; and Maggiano's Restaurant Request for Special Use "Outdoor Dining" Dear Madam President and Board of Trustees: On June 1, 1993, the Zoning Board of Appeals held the necessary public hearing regarding JMB and Maggiano's requests pertaining to "Outdoor Dining" areas a Special Use in B-2 Zoning Districts. The recommendation of the Plan Commission was included in the Board's consideration. There was no public testimony pertaining to either of these request. The Zoning Board of Appeals voted by a margin of 5 to 0 to recommend approval of the text amendments to establish "Outdoor Dining areas adjacent to restaurants" as a Special Use in B-2 Regional Shopping Center Districts. In the subsequent motion, the Board voted by a margin of 5 to 0 to recommend approval of Maggiano's Restaurant Special Use for "Outdoor Dining" subject to special conditions. Please see the draft minutes of this meeting for the details. It was the consensus of the Zoning Board of Appeals that "Outdoor Dining" is a service that the public will find beneficial and desirable and that as a Special Use it can be controlled to avoid negative effects. Respectfully submitted, Champ Davis Chairman Zoning Board of Appeals cc: Petition files 1 O��F�qk6 nr 9 0 OFCOUN14,�v VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990. 3000 May 27, 1993 Board of Trustees Zoning Board of Appeals Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60521 Subject: JMB's Text Amendment Request for "Outdoor Dining" as a permitted or Special Use; and Maggiano's Restaurant Request for Special Use "Outdoor Dining" Dear Madam President, Board of Trustees and Zoning Board of Appeals: The Plan Commission at their regular meeting of May 17, 1993 reviewed the two above related proposals. The JMB proposal to establish "Outdoor Dining" as a Special Use in B-2 District was recommended for approval by a vote of 6 to 0. The Maggiano's request for the "Outdoor Dining" Special Use was recommended for approval by a vote of 6 to 0 in accordance with proposed conditions and with the following specifically noted: 1. The wood planters are to be weighted with sand and bolted to the concrete. 2. The emergency egress gate is to open one-way and be 5 feet wide. There was no public comment i respect to either of these requests. Respe lly ubmi d, Alfred P. Savino Chairman Plan Commission cc: Petition files /fir ROLL CALL VOTE: Ayes: Doyle, Mueller, Sandstedt, Savino, Sosenko, Tappin Nays: None Motion passed. VII. Maggiano's-_Special Use for Outdoor Dining Area - 240 Oak Brook Center Mark Tourney, is a partner in Lettuce Entertain You, and in charge of the Maggiano's restaurant. Has had some degree of operating an outdoor dining restaurant. Many of these have been right on busy streets. Oakbrook Center has been well known for it's outdoor presence and outdoor dining seems natural to into that concept. Tourney advised the Members of the following: a. Access will be through the bakery, into the restaurant, then into the outdoor cafe. Emergency exit will be a one-way gate in the outdoor cafe. b. They do not operate beer gardens, only eating establishments. People will not be allowed to just drink outside. C. no additional lighting will be installed; d. wood tables and chairs - tables are a weather protected surface, with cloth tablecloths; e. heavy wood planters that are filled with sand and would be drilled into the concrete; f. seating for 58 people; g. 5 foot sidewalk width will be consistent with nearby stores; h. all tables are protected by an existing awning. Chuck Fleming discussed Oakbrook Center's support for this project stating that many discussions with Maggiano's have resulted in the current plan and design. 1. Months of the outdoor dining operation will be May 1st through September 30th. 2. In October all outdoor equipment, including planters, will be removed and caps will cover the holes in the sidewalk to return the area to the original look. 3. Maggiano's will be responsible for maintaining and cleaning the outdoor area. 4. 5 foot sidewalk area will be maintained. Members reviewed the plans for the outdoor restaurant and discussed, traffic safety, emergency egress, lighting, no candles on tables, inclement weather. Chief Fleming and Chief Nielsen are concerned of the increased traffic congestion. Skinner suggested that the width of the emergency egress gate be increased to 5 feet. Member Mueller moved, seconded by Member Tappin to recommend approval of the Special Use for Outdoor dining providing that the planters weighted with sand and bolted to the concrete and a 5 foot one-way emergency egress gate. ROLL CALL VOTE: Ayes: Doyle, Mueller, Sandstedt, Savino, Sosenko, Tappin Nays: None Motion passed. PLAN COMMISSION Minutes May 17. 1993 O�OF Oq 0 o �COUNT�' VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990- 3000 MEMO May 13, 1993 TO: Plan Commission and Zoning Board of Appeals FROM: Tom Haw f SUBJECT: Outdoor Dining Areas - Police and Fire Department Concerns I have discussed the proposed "Outdoor Dining Area" text amendments and Maggiano's Special Use request for "Outdoor Dining Areas" with Chief Nielsen of the Fire Department and Lt. Al Pisarek of the Police Department. They are both concerned with the possible increase of pedestrian and vehicle congestion around the restaurant premises which is close to the streets, drives, or parking areas. Maggiano's is apparently very busy, especially during the evening hours. They have had some problems with traffic congestion and blocking of the fire lane at the front of this business. Increasing the seating capacity of this restaurant could lead to increased problems. 7 OF OgKe 90 £ t �► d^a� 0 COUNS'�' VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990- 3000 MEMO May 13, 1993 TO: Plan Commission and Zoning Board of Appeals FROM: Tom Hawk SUBJECT: Outdoor Dining Areas - Police and Fire Department Concerns I have discussed the proposed "Outdoor Dining Area" text amendments and Maggiano's Special Use request for "Outdoor Dining Areas" with Chief Nielsen of the Fire Department and Lt. Al Pisarek of the Police Department. They are both concerned with the possible increase of pedestrian and vehicle congestion around the restaurant premises which is close to the streets, drives, or parking areas. Maggiano's is apparently very busy, especially during the evening hours. They have had some problems with traffic congestion and blocking of the fire lane at the front of this business. Increasing the seating capacity of this restaurant could lead to increased problems. 7 p�pF Oqk 9q h' 4 � �COUN-O'` VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990- 3000 MEMO May 12, 1993 TO: Plan Commission an Zoning Board of Appeals FROM: Tom Haw ' ' SUBJECT: JMB/Maggiano's Text Amendment and Special Use JMB (the Oakbrook Center) has applied for a text amendment to allow "outdoor dining areas" adjacent to restaurants" as a permitted use or, alternatively, as a Special Use in B-2 zoning districts. Subsequent to the above decisions, Maggiano's is simultaneously applying for approval of a Special Use for "outdoor dining areas adjacent to a restaurant". The Village has historically required that commercial activities take place within enclosed structures with few exceptions. This apparently has been done to avoid the unsightly consequences of outside storage, sidewalk sales, and other side effects that would detract from the overall appearance and character of the community. It is not clear whether or not the authors of the Village code specifically wanted to restrict outdoor dining. We currently have several restaurants that offer some level of outdoor service e.g., Sylviano's, Nordstrom's, McDonalds' Lodge and the Sports Core. As far as I am aware, there have not been any problems that can be attributed specifically to outside dining. May 12, 1993 Plan Commission RE: Auction Uses Page Two If we approve this request in either manner, the following conditions should be considered for inclusion into the ordinance. A. DuPage County Health Department approval. B. Control of the dining area by the restaurant - i.e., enter and leave the areas through the restaurant structure except for emergency egress. C. Responsibility for all cleaning and.debris. D. Non-permanent structures are to be stored properly during the off season. E. Alcoholic beverage service to be controlled by the liquor license. F. Separation from vehicular traffic. 1. Adequate public pedestrian ways must be maintained. 2. Should we be concerned with vehicular trafic? If so, barriers equivalent to a typical structural wall design should be provided where vehicular traffic is within feet. The concern here is to provide equivalent safety for vehicles as present within an enclosed structure. G. Must be located within the buildable area. H. Parking shall be provided for the increased occupant load. I. Bathroom facilities shall be provided for the increased occupant load. .V O�OF Ogke p s 4 0 cc �0ou ' VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990- 3000 MEMO May 12, 1993 TO: Plan Commission and,Zoning Board of Appeals FROM: Tom Haw ' �r SUBJECT: JMB/Maggiano's Text Amendment and Special Use JMB (the Oakbrook Center) has applied for a text amendment to allow 'outdoor dining areas" adjacent to restaurants" as a permitted use or, alternatively, as a Special Use in B-2 zoning districts. Subsequent to the above decisions, Maggiano's is simultaneously applying for approval of a Special Use for 'outdoor dining areas adjacent to a restaurant". The Village has historically required that commercial activities take place within enclosed structures with few exceptions. This apparently has been done to avoid the unsightly consequences of outside storage, sidewalk sales, and other side effects that would detract from the overall appearance and character of the community. It is not clear whether or not the authors of the Village code specifically wanted to restrict outdoor dining. We currently have several restaurants that offer some level of outdoor service e.g., Sylviano's, Nordstrom's,McDonalds' Lodge and the Sports Core. As far as I am aware, there have not been any problems that can be attributed specifically to outside dining. May 12, 1993 Plan Commission RE: Auction Uses Page Two If we approve this request in either manner, the following conditions should be considered for inclusion into the ordinance. A. DuPage County Health Department approval. B. Control of the dining area by the restaurant - i.e., enter and leave the areas through the restaurant structure except for emergency egress. C. Responsibility for all cleaning and debris. D. Non-permanent structures are to be stored properly during the off season. E. Alcoholic beverage service to be controlled by the liquor license. F. Separation from vehicular traffic. 1. Adequate public pedestrian ways must be maintained. 2. Should we be concerned with vehicular trafic? If so, barriers equivalent to a typical structural wall design should be provided where vehicular traffic is within feet. The concern here is to provide equivalent safety for vehicles as present within an enclosed structure. G. Must be located within the buildable area. H. Parking shall be provided for the increased occupant load. I. Bathroom facilities shall be provided for the increased occupant load. �pF p4k vvPO ..� 940 O s0 COUNT ` VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 708 990- 3000 April 28, 1993 Mr. Dave Gooder Lord, Bissell & Brooks 1100 Jorie Blvd., Suite 122 Oakbrook, IL 60521 RE: Maggiano's Special Use for Restaurant Outdoor Dining Dear Dave: The Board of Trustees at their regular meeting of April 27, 1993 referred the above petition as follows: 1. To the Plan Commission for review at their regular meeting of May 17, 1993. 2. To the Zoning Board of Appeals for public hearing at their regular meeting of June 1, 1993. Please be prepared to present this petition at these meetings. Sincerely, Thomas R. Hawk Director of Code Enforcement cc: Hawk - file • Public Hearing Notice is Hereby Given that a public hearing before the Z Board of Appeals of the Village of Oak Brook DuPaga and Counties.Illinois,will be held on June 1,1993 at 7:30 p.m.InOak Brook Village Hall,1200 Oak Brook Road,Oak Brook,Ill for the purpose of conskierina the application of Magglano's Oak- brook Limited Partnership, 2 Oakbrook Center, Oak Brook, IL nanelfMViitio ( eZoning 21 for e Villap ofprovided Brokinoos, di the 60, as amended.The petitioner Is requesting approval of a Special CERTIFICATE OF PUBLICATION Use for Restaurant outdoor Dining. PADDOCK PUBLICATIONS,INC. This proposal Is also being reviewed by the Plan Commission at their meeting of May 17,1993 at the same location. The property may be generally aldescdbddescription as 240 Oakbrook Can. D&Hedd ter,Oak rook IL 80521 and the legal description Is as follows: Lots t,2,�,4,5,8,7 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 8,1981 as Docunent R81-21444 and on November 20,1981 as Document R61-30843;and exce from and po esobtyy sa Instrument tr�tpart��of�tent Rel on organized and existing under and by virtue of the laws of the State of excepiing from said Lot 9 that part thereof Included within the Fkst Federal Resubdivision;a resubdivlalon recorded May 3, 1978 as DocumentContaining 5,695 07 sqDu uare roO�'eet 1130.7417 acres) more or ES HEREBY CERTIFY that it is the publisher of DAILY HERALD. That leas. Permanent Parcel df:06-23-300-032. All persons desiring to be heard In support of or In oppositionHERALD is a secular news and hbpublished tail in the to the proposed Special Use or any provision thereof,will newspaper has be afford- p p p y ed an opportunity to do so and may submit their statements orally or in writing or both.The heart may be recessed to another date fl notice of time and place therm Is publicly announced at the hear- Lombard/Villa Park/Oak Brook/Oakbrook Terrace linr Is given by newspaper publication not less than five(5)days ' Wto the date of the recessed hearing In accord with the provisions of the American with Disabilities DuPa e Act,any individual who Is In need of a reasonable accommodation. of S in order to particlpato In or benefit from attendance at this pubic') meeting shook!contact Thomas Hawk,the Village's ADA Coordina- tor,as soon as possible before the meeting date. The petitioner's ode Enforcement. Is on file with the s Inge clerk and Pf Illinois, continuously for more than one year prior to, on and since the with the Dhector of a Enforcement Persons wfshing to examine the peEtition documents may arrange to do so wMh the Dkector of Code nforcement,Thomas Hawk,Village of Oak B 1212 Oak Brook Road,Oak Brook,IL605221.toDA opt Ee708-9W-3045. - . first publication of the notice hereinafter referred to and is of general Wage Clerk Published at the direction or the Corporate Authorities and the CZoning ook unties�Iinnois. sof the Village of Oak Brook,On,Page and throughout said Village, County(ies) and State. Published In Lombard-Villa Park-Oak Brook-Oakbrook Terrace Herald May 5,1993. I further certify that DAILY HERALD is a newspaper as defined in "an Act to revise the law in relation to notices" as amended to Act approved July 17, 1959-III. Revised Statutes, Chap. 100, Para. 1 and 5. That a notice of which the annexed printed slip is a true copy, was published May 5, 1993 in said DAILY HERALD. IN WITNESS WHEREOF, the undersigned,the said PADDOCK PUBLICATIONS, Inc., has caused this certificate to be signed and its corporate seal affixed hereto, by MARGIE FLANDERS, its Treasurer, at Arlington Heights, Illinois. PADDOCK PUBLICATIONS, INC, DAILY HERALD NEWSPAPERS BY / j� i '� ' Treasurer. { J • PPI.5129-A 2. MAGGIANO'S (240 Oakbrook Center) - SPECIAL USE -- REFER TO MAGGIANO'S: PLAN COMMISSION MEETING OF MAY 17, 1993: Approved Omnibus SPEC. USE Vote. (240 OB Cente 3. COVINGTON COURT - FINAL PLAT, RESUBDIVISON OF WHITEHALL PARK COVINGTON CT. -- REFER TO PLAN COMMISSION MEETING OF MAY 17, 1993: F.P. , RESUB. Approved Omnibus Vote. WHITEHALL PAR 4. ELEMENTARY SCHOOL DISTRICT #53 - SUBDIVISION REGULATIONS SCHOOL DIST. AMENDMENT RE: SCHOOL CONTRIBUTION -- REFER TO PLAN SUB. REGS. COMMISSION MEETING OF MAY 17, 1993: Approved Omnibus Vote. AMENDMENT- SCHOOL CONTRI. F. ILLINOIS STATE TOLL HIGHWAY AUTHORITY - ANNEXATION/ZONING - TIONS REQUEST TO TABLE: Approved Omnibus Vote. 6. ITEMS REMOVED FROM OMNIBUS AGENDA: None. 7. FINANCIAL: A. APPROVAL OF BILLS: APPROVAL OF BILLS Voucher List of Bills Presented for Approval April 27, 1993 to reflect payment from the following funds: General Corporate Fund $104,890.42 Hotel/Motel Tax Fund 9,331.71 Motor Fuel Tax Fund 1,778.71 Water Fund 445,037.69 Sports Core Fund 48,085.26 Trustee Bartecki moved to approve Voucher List of Bills in the total amount of $609,123.79 and authorize the Village President to affix her signature thereon. Seconded by Trustee Mayer. Trustee Winters abstained from voting on the bills from Illinois Bell and Ameritech due to employment on contract basis by same. ROLL CALL VOTE: Ayes: 6-Trustees Bartecki, Mayer, Payovich, Shumate, Skinner and Winters. Nays: 0-None. Absent: 0-None. Abstain: 1-Trustee Winters as noted above. Motion carried. S. ORDINANCES AND RESOLUTIONS: No Business. 9. DEPAR'T'MENTAL REPORTS - QUARTERLY REPORTS: QUARTERLY REPORTS A. Ambulance G. Library B. Engineering Department H. Planning & Zoning C. Finance Department I. Police Department D. Fire Department J. Public Works E. Inspection Bureau K. Recycling VILLAGE OF OAK BROOK Minutes 3 April 27, 1993 �-fP 3W O�or, OAk B N, v a Cc 2 COU -(,I VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 MEMO 708 990- 3000 April 23, 1993 TO: President Bushy and the Board of Trustees FROM: Tom Hawk SUBJECT: Maggiano's - Special Use for Outdoor dining area - 240 OakBrook Center We have received the above variation request. The petitioner is seeking special use to allow outdoor seating at their Oakbrook Center restaurant. Please refer it to the Plan Commission at their meeting of May 17, 1993. z. APPENDIX A—ZONING Sec. XIII report of the Zoning Board of Appeals, and without further public hearing, may vote upon the adoption of any proposed amendment in accordance with applica- ble Illinois Statutes, or may refer it back to the Boards for further consideration. (5) Re-Applications: Any person, firm, or corporation t having been denied an amendment to the Zoning Ordinance respecting a specific parcel of property may not re-apply for a like amendment on said real property until the period of one (1) year has elapsed since the denial of the application for amendment by the President and Board of Trustees. (Ord. No. G137, 9-14-71) (J) Special Uses. (1) Purpose: The development and execution of the zoning ordinance is based upon the division of the Village into districts, within any one of which the use of land and buildings and the bulk and location of buildings or structures, as related to the land, are essentially uniform. It is recognized, however, that there are special uses which, because of their unique character, cannot be properly permitted in particular districts without consideration, in each case, of the impact of those uses upon neighboring lands and upon public need for the particular use or the particular location. Such special uses fall into two categories: (a) Uses operated by public agency or publicly-regu- lated utilities, or uses traditionally affected with a public interest. (b) Uses entirely private in character, but of such a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities such as, but not limited to, single-family attached and semi-detached dwellings, horizontal condomini- ums and other residential developments. (Ord. No. G66, 12-19-66) 971 Sec. XIII OAK BROOK CODE (2) Authority: Special uses shall be authorized or denied by the Village Board in accordance with the Statutes of the State of Illinois applicable to amendments of this ordinance, and the regulations and conditions set forth in this ordinance for special uses. No application for a special use shall be acted upon by the Village Board until after: (a) A written report is prepared and forwarded to the Board of Appeals and the,Village Board by the Plan Commission in a manner prescribed herein for amendments to this ordinance; and (b) A public hearing has been held by the Zoning Board of Appeals, after due notice by publication as provided by the applicable Statutes of the State of Illinois for amendments and upon a report of the Plan Commission to the Board of Trustees, if such a report is made. (3) Initiation: An application for a special use may be made by any person, firm or corporation or by any office, department, board, bureau or commission requesting or intended to request a zoning certificate. (4) Processing: An application for a special use, in such form and accompanied by such information as shall be established from time to time by the Plan Commission, shall be filed with the Village Clerk and thereafter processed in the manner prescribed thereto- fore for applications and amendments. Special use applications may be processed simultaneously with requests for amendment of this ordinance. (Ord. No. 6-66, 12-19-66) (5) Decisions: The Village Board, upon report of the Zoning Board of Appeals and the Plan Commission, and without further hearing, may authorize or deny an application fora special use in accordance with the Statutes of the State of Illinois applicable to amend- ments, or may refer it back to the Board of Appeals and the Plan Commission for further consideration. 972 • APPENDIX A—ZONING Sec. XIII No special use shall be authorized by the Village Board unless the special use: { (a) Is of the type described in Section XIII J-1 (a) is deemed necessary for the public convenience at that location. (Ord. No. G-66, 12-19-66); (b) Is so designed, located and proposed to be operated that the public health, safety and welfare r will be protected; and 1� (c) Would not cause substantial injury to the value of other property in the neighborhood in which it is located, (6) Conditions: The Plan Commission and Zoning Board of Appeals may recommend, and the Village Board may provide, such conditions and restrictions upon the construction, location and operation of a special use, including, but not limited to, provisions for off-street parldng and loading as may be deemed necessary to promote the general objectives of this ordinance and to minimize the injury to the value of the property in the neighborhood. (K) Fees. Fees for any relief under this ordinance shall be as otherwise established by separate ordinance. (Ord. No. G-132, 5-25-71; Ord. No. G-289, § 2, 3-24-81) (L) Violation, Penalty and Enforcement. (1) Any person, firm or corporation who violates, disobeys, omits, neglects, refuses to comply with or who resists enforcement of any of the provisions of this ordinance shall, upon'conviction, be fined not less than $25.00 nor more than $500.00 for each offense. Each day that a violation is permitted to east shall constitute a separate offense. (2) The Building Inspector is hereby designated and authorized to enforce this ordinance. However, it shall also be the duty of all officers, citizens and employees of the Village, particularly of all members of the police Supp. :`NO. 49 973 0-1 i5l 'K. &5: of o�� }�r VILLAGE OF OAC BROOK • 3 � 1200 OAK BROOK ROAD OAK BROOK, IUJNOIS 60521 990-3045 PETITION APPLICATION FOR PUBLIC HEARING: ZONING ORDINANCE: APPEAL ($100) VARIATION ($300) AMENDMENT ($650) X _ SPECIAL USE ($400) FLOOD PLAIN: VARIATION ($300) SPECIAL USE ($675) ALL APPLICATIONS MUST BE ACCOMPANIED BY PROPER FEB,KAT OK SURVEY,AND 18 COPIES OF A SCALE DRAWING SHOWING ALL PERTINENT APPLICABLE INFORMATION; 1.8, PROPERTY LINES, EXISTING BUILDINGS, LOCATION OF PROPOSED CONSTRUCTION, ANY BUILDINGS ON ADJACENT PROPERTY WITHIN 100 FEET OF SUBJECT PROPERTY. APPLICANT TO COMPLETE LOCATION East side of Ookbrook Center OF SUBJECT PROPERTY: south of Saks Fifth Avenue PERMANENT PARCEL NO, 06 . 23 .300 _032 (par- Part of Oakbrook Terrace LOT NO: Ipt S SUBDIVISION:Assessment plat ADDRESS: R81-57605 ZONING DISTRICT: B-2-ZONING ORDINANCE SECTION: Section VISI(D) (2) ACTION REQUESTED: Grant of special use for outdoox' dining area subject: to t:lie conditions set forth in Exhibit. A PROPERTY INTEREST OF APPLICANT: OWNER.r....._� CONTRACT PURCHASER_ AQENT= OWNER(S) OF RECORD LaSalle Bank Trust #49475 PHONE NO. ADDRESS ZIP BENERCIARY(MS) OF TRUST Oakbrook - Urban venture PHONE NO. 312/915-3300 c/o JM Netall Properties o. ADDRESS 900 N. D2ichigan Avenue - Chicago, Illinois ZIP 60611-1.582 NAME OF APPLICANT DIaygiano Is Oakbrook Limited Partnership PHONE NO. (t BILLD;G n FO) ADDRESS 240 Oakbrook Center Oak Brook, IL ZIP 60521 I (we) certiry dust the above statements and die statements contained in y apers or plans submitted herewith are true to the best of ny (ourl\rn wl a and belief. ( r4AW U , oAKBF<= LTD. PARTNERSHIP C' BY: (Sign ) Applicant Data (Signature) ic:aru %lark Torrey Date DONOT WRrM V4 THIS SPACE •- FOR OFFICE USE ONLY Data Filcp: April 15, 19 9 3 9o.rd of Trust. Referr.L• April 27, 1993 Suff Referre: Notice Published: May 5, 1993 Mewipaper. The Dailv Herald Date Adj. Property Owner's Notified: �Iav 5, 1993 Staff Rdetral: I-- Publie Hearing Dates. F1ur Cc.u,,,iaa;w: Mav 17, 1993 Zcuing Buanl: .lune 1 . 1993 - Board of Tnrstaos:_June 22_ 1993 Board of Trustoer: July 13 1993 (Approval of Ordinanoe) FEE p,,M: = 400.00 rpt t405712 Realvea By: Gail Polanek 510NMr) - Vn—AUE CLEKK: ��� - ___ Date: April 30, 1993 . EXHIBIT A SPECIAL USE Approval of a special use for outdoor dining annually for the period May 1 to September 30 inclusive at the location depicted on the site plan prepared by dated ( "Site Plan") subject to the following conditions : (a) The dining area will be designed, located, furnished and walled-in as shown in the Site Plan and access shall only be through Maggiano 's Restaurant. (b) The area shall be kept clean and in first-class condition at all times . (c) Sales of alcoholic beverages shall be restricted to customers who order food. (d) There shall be no music , dancing, or other entertainment. (e) No furnishings or surrounding wall shall be permitted at the location between October 1 and April 30 . EXHIBIT A • 10007 1 OAK 8 ROOK TERRACE o R_ 2 •� f � � R-3 B — s -� -- 1 , M ' ORA1 f 10 .liof' , ~ r Z V ♦ ♦ ' . 1 r � ♦ i 1 .r • r 1 ' ,. .. 3 ' 1 .. � I 2 ORA • � I ----n /C Vof 00 1 I �J, I I � I • V PARKING DECK ' .SAK$ FIFTH AVENUE) i kYI.OR ,•.NIEIMAN MARCUS ' � G 70 2328 719 Lettuce Entertain You Enterprises, Inc.•As Disbursing Agent For: No. 10150- 092 1 LETTUCE MAGGIANO'S, OAK BROOK z ENTEKW U 240 OAKBROOK CENTER OAKBROOK IL 60521 No. EMANTE141 INC- 708/368-0300 150092 DATE CONTINENTAL BANK N.A.CHICAGO,ILLINOIS 80897 PAY THIS AMOUNT AMOUNT OF CHECK 04/26/93 *********400 DOLLARS *00 CENTS *********400. 00 r , General DIburnaman VILLAGE OF OAK BROOKTO THE :fi'.':'• '•:t:~;ti.,1��^••;�'N•:. •'1'.'. ORDER 1200 OAK BROOK ROAD .:,';:„,.:.':. .. �+..'�” "`' »;-�;•;-^ OAK BROOK. IL 60521-2255 ' �i• �• �'X..::;? •�•. OF :,.•:���,'.:�� : .,•. �:.�';..:; • 4 ' L J1 INITIALS VALID OVER 55,000 UNLESS INITIALED 1101,01, S009211"' 1:0711"12321344 49,1109 208li' o CHECK $ CHECKS ! CASH INV X DATE NAME G.L.ACCOUNT X DESCRIPTION NUMBER INVALID VILLAGE OF OAK BROOK WITHOUT �r SIGNATURE • BUREAU OF INSPECTION B 5 712 1200 OAK BROOK ROAD • '�f ? OAK BROOK, ILLINOIS u PHONE: (708) 990-3000 RETAIN THIS RECEIPT 7" FOR YOUR RECORDS SAFEGUARD BUSINESS SYSTEMS • f . 0 LORD, BISSELL & BROOK IIS SOUTH LASALLE STREET LOS ANGELES OFFICE CHICAGO, ILLINOIS 60603 300 SOUTH GRAND AVENUE,SUITE 3900 LOS ANGELES,CALIFORNIA 90071-3200 (213)485-1500 (312) 443-0700 TELEX:18-1135 CABLE: LOWIRCO CGO ATLANTA OFFICE TELEX: 25-3070 ONE ATLANTIC CENTER 1201 W.PEACHTREE STREET,SUITE 3700 TELECOPY:(312)443-0570 ATLANTA,GEORGIA 30309 WRITER'S DIRECT DIAL NUMBER: (404)870-4600TELEX: 543707 708/990-0561 1100 Jorie Boulevard Suite 153 Oak Brook, IL 60521 April 16 , 1993 Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60521 Att'n: Tom Hawk, Director of Code Enforcement Re: Application of Maggiano 's Oakbrook Limited Partnership for a Special Use Dear Tom: This will confirm that yesterday, April 15 , 1993 , there was filed on behalf of Maggiano 's Oakbrook Limited Partnership the following materials : 1. Petition for Special Use for outdoor dining - original only 2 . Exhibit A setting forth the requested Special Use and proposed conditions - 2 copies 3 . Zoning Map showing zoning of area - 2 copies 4 . Plat of portion of shopping center showing Maggiano ' s location - 2 copies I also delivered to you my check in the amount of $675 in payment of the required filing fee. Delivered herewith are 16 additional copies of items 2 , 3 and 4 above. Sin rel yours , David M. Gooder DMG:pg cc C. Fleming r G'T� ,/, ?. 3; :,5, ?r�.J IN 0,4 e8R00/l TE PACE, A SU8D1 V/SIGN OF PA)7T OF SECTION 23, 7-0, VIVSN/P 39 AIOPTi�, RANGE,11 EAST OF THE T141PO PRINCIPAL MER/DIAN, E;:(--FP ING FPG,-4 S A;0 LOTS,3 AND 9 TA1O,SE PA?TS TNEPEOF DEDICATED FOR DOCUr1E�NT P61- 21,444 A;V0 ON NOVEM8ER 20, 1-961,4S DOCUMENT 1261-30843; fm p, T,,s Ti-il RI EOl= 0i7-off" I H/GHvt,/4`," PURPOSES By 5/4 AD INS 7-)?UA.ICNT PF_(,01?0E0 AS' DO0,MI:NT P6/-,3 P,4 ' AND EXCEPT/ AC, FROn9 SA/0 L079 THAT R,4RT Tl-1EVE(-W- INC I_IJGI=Ij W/T/-li;V TfIF- FIR. ET FI=Dl-Ir1,IVi n. F-r5!)I--')LIVA�90N, A f,JL"SU8DIVI,;1ON PECOQDED MAY2, 1978 AS V78-38735; IN DU PAGE COUVTY, ILLINOIS. COA/7.-11.,`vl^j 5,695, 107 SQUARE FEET (130. 7417 A0?E5) M01?E OR L ESS. NOTE ' A DIVISION .;.I)WNAS C-01< 2OOK TERRACE ASSESSMENT PLAT, WHICH, BY OESCRIPTION, IS IDENTICAL TO TI+G ABOVE DESCRIrNEO TRACT, WAS RECORDED OCTOBER '26,1981 AS OOCUMENT R61-57605. PHOTOGRAPHS OF EXTERIOR DINING ENCLOSURE y