S-776 - 07/12/1994 - SPECIAL USE - Ordinances 94-ZO-SU-E1-S-776
AN ORDINANCE GRANTING A SPECIAL USE
FOR OUTDOOR DINING AREAS ADJACENT TO RESTAURANTS
(Errant Enterprises - Zarrosta Grill, 118 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 118 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 which is located
in the B-2 Regional Shopping Center District, and the beneficial owner of said
property has approved said application; and
WHEREAS, Section VIII(D) (2) (f) of the Oak Brook Zoning Ordinance permits
outdoor dining areas adjacent to restaurants as a special use in the 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 16, 1994, 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 7, 1994, pursuant
to due and appropriate legal notice, and said Board 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) (2) (f) be and is hereby granted for the use of an outdoor
dining area adjacent to a restaurant at 118 Oakbrook Center, which Center is
legally described as follows:
94-ZO-sU-E1-s-776
Granting a Special Use For An
Outdoor Dining Area Adjacent To A
Restaurant, 118 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 April 15 through October 15 for
each year this Special Use Permit is in effect in the area so
designated on the proposed Plan consisting of two sheets submitted
by the applicant, a copy of which is attached hereto as Exhibit
"A" and incorporated herein. The outdoor dining area may be set
up between April 1 and April 15 and may be removed between October
15 and October 31 for each year this Special Use Permit is in
effect.
2. Said area shall be developed and used in substantial conformity
with said Plan and access thereto shall be through the restaurant
only. Not more than 24 seats are permitted in said area.
3. All planter boxes delineating the dining area shall be securely
mounted or weighted to provide a stable barrier. No signage
(including banners) may be placed on the planters.
4. In October of each year this Special Use Permit is in effect, all
outdoor equipment, including planters, shall be removed and caps
shall be placed over any holes in the sidewalk to return the area
to the condition it was in prior to outdoor dining operations.
i
5. The restaurant operator shall be responsible for maintaining and
cleaning the outdoor area and shall comply with all applicable
DuPage County Health Department requirements.
6. There shall be no music, dancing or other entertainment offered
within the dining area.
7. The emergency egress gate shall open out only.
94-ZO-SU-E1-S-776
Granting a Special Use For An
Outdoor Dining Area Adjacent To A
Restaurant, 118 Oakbrook Center
Page 3
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
Permit shall automatically terminate and be of no further force nor effect.
Section 5: That this Ordinance is limited and restricted to the
property presently occupied by Zarrosta Grill located at 118 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 12th day of July, 1994.
Ayes: Trustees Kenny, McInerney, Skinner and President Bushy
Nays: None
Absent: Trustees Bartecki, Payovich and Shumate
Abstain:
APPROVED THIS 12th day of July, 1994.
Village President
ATTEST:
Villag6 Clerk
Approved as to Form:
Village Attorney
Published
Date Paper
Not Published %