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S-814 - 07/11/1995 - SPECIAL USE - Ordinances 95-ZO-SU-E1-S-814 AN ORDINANCE GRANTING A SPECIAL USE FOR AN OUTDOOR DINING AREA ADJACENT TO A RESTAURANT (Volunteer Capital Corp. - J. Alexander's Restaurant, 1410 16th Street) WHEREAS, an application has heretofore been filed by the owner of a building which is located at 1410 16th Street, 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-1 Local Shopping Center District, and WHEREAS, pursuant to Ordinance 95-ZO-TA-G-556 the Village President and Board of Trustees of the Village of Oak Brook have amended the Zoning Ordinance of the Village of Oak Brook to add outdoor dining areas adjacent to a restaurant as a special use in the B-1 Local Shopping Districts; and WHEREAS, on May 15, 1995, the Plan Commission met to consider the application, 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 6, 1995, 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 generally 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 subject to the conditions set forth in Section 3, a Special Use Permit pursuant to the provisions of Section VIII(C) (2) (i) be and is hereby granted for the use of an outdoor dining area adjacent to a restaurant at 1410 16th Street, which property is legally described as follows: Lot 2 in Oakbrook Court resubdivision amended plat being a part of the Northwest Quarter of Section 23, Township 39 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded July 15, 1994 as Document No. R94-152760 in DuPage County, IL. Permanent Index Number: 06-23-102-033. 95-ZO-SU-Ei-S-814 Granting a Special Use For An Outdoor Dining Area Adjacent To A Restaurant, 1410 16th Street Page 2 Section 3: That the Special Use Permit herein be granted specifically subject to the following conditions: 1. That 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 Exterior Patio Seating Plan drawn by Bollinger, Lach & Associates, Inc. a copy of which is attached hereto as Exhibit A and incorporated herein. 2. That 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 30 seats are permitted in said area. 3. That in the event tables and chairs that are of heavy metal construction and suitable for constant weather exposure are used, they may remain in place year round, as there is a solid, permanent wall obstructing the view and preventing access to said outdoor dining area. 4. That in the event that plastic or wooden chairs or tables are used, the outdoor dining area shall be set up between April 1 and April 15 and shall be removed between October 15 and October 30 for each year this Special Use Permit is in effect. 5. That the restaurant operator shall be responsible for maintaining and cleaning the outdoor dining area and shall comply with all applicable DuPage County Health Department requirements. 6. That there shall be no music, dancing or other entertainment offered within the outdoor dining area. The restaurant operator shall take immediate action with respect to noise complaints to eliminate such problems. The area shall be operated so as to not constitute a nuisance. 7. That an alarmed emergency egress gate from the outdoor dining area shall be provided. 8. That additional six-foot tall dense evergreen plantings shall be planted along the east perimeter of the outdoor dining area. If the property owner fails to meet any of the conditions of this section, upon written notice to the operator of the restaurant, then if such condition or 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 or effect. 95-zO-sU-Ei-s-814 Granting a Special Use For An Outdoor Dining Area Adjacent To A Restaurant, 1410 16th Street Page 3 Section 5: That this Ordinance is limited and restricted to the property presently occupied by J. Alexander's Restaurant located at 1410 16th Street, 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 11th day of July, 1995. Ayes: Trustees Bartecki, Kenny, McInerney and Savino Nays: None Absent: Trustees Payovich and Shumate Abstain: None APPROVED THIS 11th day of July, 1995. Vi lage President ATTEST:- - d' ill e clerk Approved as to Form: Village Attorney Published Date Paper Not Published XX 1 1 i -moo o _ � ❑ _ � _ -- Ct::� C[jD PROPOSED EXTERIOR PATIO SEATING PLAN NOT TO SCALE J. ALEXANDER'S RESTAURANT - COwSUlTINO � OAK BROOK ILLINOIS Ew6.w`OAS � eouJ" . . O&K 8 A9sGSWI s. I„E 9UNVErORS 1111.Atll[dr0. WR EROpI, ll 61121 7b!11 1][ EXHIBIT A