S-853 - 08/13/1996 - SPECIAL USE - Ordinances 96-ZO-su-s- 853
AN ORDINANCE GRANTING A SPECIAL USE
FOR OUTDOOR DINING AREAS ADJACENT TO RESTAURANTS
(Stir Crazy Cafe Oakbrook, LLC, 105 Oakbrook Center)
WHEREAS, an application was filed by the tenant of a part of a building
in the Oakbrook Center, which is located at 105 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 was conducted by the Plan
Commission of the Village of Oak Brook on June 17, 1996, 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 was conducted by the
Zoning Board of Appeals of the Village of Oak Brook on July 2, 1996, pursuant
to due and appropriate legal notice, and said Board has submitted its report
on the subject application to the 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, subject to the conditions and
restrictions set forth in Section 3, for the use of an outdoor dining area
adjacent to a restaurant at 105 Oakbrook Center, which Center is legally
described as follows:
I
96-ZO-SU-S-853
Granting a Special Use For An
Outdoor Dining Area Adjacent To A
Restaurant, 105 Oakbrook Center
Page 2
Lots 1, 2, 3, 4, 5, 6, 7 and 9 in Oakbrook Terrace Subdivision, 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. 06-23-300-022 through 06-23-300-033, 06-23-300-036, 06-
23-300-037, 06-23-300-040 through 06-23-300-042 and 06-23-300-044.
Section 3: That the Special Use Permit for outdoor dining annually for
the period May 1 to October 1, inclusive, at the location depicted on the
Exterior Cafe Seating Plan prepared by Aumiller Youngquist dated February 29,
1996, is granted specifically subject to the following conditions:
1. Said area shall be developed and used in substantial conformity
with said Exterior Cafe Seating Plan and access thereto shall be
through Stir Crazy Cafe Oakbrook only. The outdoor dining area
may be set up between April 15 and April 30 and may be removed
between October 1 and October 15 for each year this Special Use
Permit is in effect. No more than 28 seats are permitted in said
area.
2. 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.
3. In October of each year this Special Use Permit is in effect, all
outdoor equipment, including planters, shall be removed and plugs
shall be placed over any 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 and shall comply with all applicable
DuPage County Health Department requirements.
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 shall open out only.
96-zo-sU-s-853
Granting a Special Use For An
Outdoor Dining Area Adjacent To A
Restaurant, 105 Oakbrook Center
Page 3
If the property owner fails to meet the conditions and restrictions of this
section, upon written notice to the operator of the restaurant, then if such
conditions and restrictions 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 Stir Crazy Cafe Oakbrook, LLC located at
105 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 August, 1996.
Ayes: Trustees Bartecki, McInerney, Payovich, Savino and Shumate
Nays: None
Absent: Trustee Kenny
Abstain: None
APPROVED THIS 13th day of August, 1996.
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STIR CRAZY CAFE
INDEX
PAGE CONTENTS
Ordinance 96-ZO-SU-S-853 - passed - 8113196 (Special Use)
Board of Trustees Meeting Minutes dated 8/13/96
Board of Trustees Meeting Minutes dated 7/23/96
13 Informational Memo from Hawk to Board of Trustees dated 7/16/96
12 Recommendation Letter from Zoning Board of Appeals Chairman to Board of
Trustees dated 7/15/96
11-11a Zoning Board of Appeals Meeting Minutes dated 7/2/96
10 Recommendation Letter from Plan Commission Chairman to Board of Trustees
and Zoning Board of Appeals
9-9a Plan Commission Meeting Minutes dated 6/17/96
8 Informational Memo to Plan Commission and Zoning Board of Appeals from
Hawk dated 4/10/96
7-7b Letter from Koberstein dated 5/9/96 re: Conditions of Operation and Standards
6 Certificate of Publication dated May 8, 1996
5 Letter to Petitioner re: Meeting Dates
4 Board of Trustees Referral.Meeting Minutes dated 4!23196
3 Referral Memo to Board of Trustees from Hawk dated 4/16/96
2-2b Special Uses, Zoning Ordinance, Section XIII, (J) (pgs. 971-973)
1-1a B-2, Special Uses, Zoning Ordinance, Section VIII (2) (pgs. 910-911)
A-A1 Application/Petition - Special Use
B Fee/Receipt
C Letter of Explanation
D Legal Description
E Standing on Property
F Adjacent Zoning
G Site Plan
H Architectural Plans (included - not attached)
The County Of DuPage, And The DuPage County Sheriff's
Department Relative To Sex Offender Community Notification", as
presented and waive the full reading thereof. ROLL CALL VOTE:
Ayes: 5 - Trustees Bartecki, McInerney, Payovich, Savino and
Shumate.
Nays: 0 - None.
Absent: 1 - Trustee Kenny. Motion carried.
02. ORDINANCE 96-ZO-SU-S-853 AN ORDINANCE GRANTING A 96-ZO-SU-S-853
SPECIAL USE FOR OUTDOOR DINING AREAS ADJACENT TO SPECIAL USE FOR
RESTAURANTS (STIR CRAZY CAFE OAKBROOK. LLC. 105 OUTDOOR DINING
OAKBROOK CENTER: AREAS ADJACENT
TO RESTAURANTS
(Stir Crazy
This outdoor dining special use brings the number to four restaurants Cafe Oakbrook)
with outside dining in and around the Oakbrook Center Mall (LLC, 105 Oakbro(
(Maggiano's, Zarrosta Grill and J. Alexander's). Center)
Motion by Trustee Shumate, seconded by Trustee Savino, to pass
Ordinance 96-ZO-SU-S-853, "An Ordinance Granting A Special Use
For Outdoor Dining Areas Adjacent To Restaurants (Stir Crazy Cafe
Oakbrook, LLC, 105 Oakbrook Center)", as presented and waive the
frill reading thereof. ROLL CALL VOTE:
Ayes: 5 - Trustees Bartecki, McInerney, Payovich, Savino and
Shumate.
Nays: 0 - None.
Absent: 1 - Trustee Kenny. Motion carried.
3. ORDINANCE 96-AG-EXI-S-854 AN ORDINANCE ORD.96-AG-EX1-
AUTHORIZING EXECUTION OF AN AGREEMENT FOR S-854
ENFORCEMENT OF CERTAIN TRAFFIC REGULATIONS FOR AGREEMENT FOR
MOTOR VEHICLES IN THE HUNTER TRAILS SUBDIVISION ENFORCEMENT OF
IN THE VILLAGE OF OAK BROOK: CERTAIN TRAFFIC
REGULATIONS FOR
MOTOR VEHICLES
This agreement authorizes the Village's police officers to enforce IN THE HUNTER
certain speeding, stop sign, and street obstruction regulations when TRAILS SUBDIVISIC
requested by the Hunter Trails Homeowners Association. As is the
case with Briarwood Lakes and Midwest Club, the Association pays
the Village for these services at the current rate for special duty
services by our police officers.
Motion by Trustee Shumate, seconded by Trustee McInerney,to pass
Ordinance 96-AG-EXI-S-854, "An Ordinance Authorizing Execution
Of An Agreement For Enforcement Of Certain Traffic Regulations
For Motor Vehicles In The Hunter Trails Subdivision In The Village
VILLAGE OF OAK BROOK Minutes 4 of 18 August 13, 1996
k
Ayes: 6 - Trustees Bartecki, Kenny, McInerney, Payovich,
Savino and Shumate.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
8. DEPARTMENTAL REPORTS - QUARTERLY REPORTS: QUARTERLY REPORTS
A. Code Enforcement H. Planning &Zoning
B. Engineering Department 1. Police Department
C. Finance Department J. Public Works
D. Fire Department/EMS K. Recycling
E. Information Services/ L. Risk Management
Purchasing M. Sports Core -Bath & Tennis
F. Legal Department and Golf
G. Library N. Village Clerk
H. Library
All Quarterly Reports were discussed and accepted.
9. UNFINISHED AND NEW BUSINESS (Final Action Not Anticipated):
RECOMMENDATION - STIR CRAZY CAFE OAKBROOK LLC STIR CRAZY CAFE
(OAKBROOK CENTER) - SPECIAL USE - OUTDOOR DINING: OAKBROOK LLC -
SPECIAL USE -
The Plan Commission and Zoning Board of Appeals have both OUTDOOR DINING
recommended approvals of a Special Use for"outdoor dining" for Stir
Crazy Cafe and included the following conditions for the "outdoor
dining" Special Uses:
1. Said area shall be developed and used in substantial conformity
with said Exterior Cafe Seating Plan and access thereto shall be
through Stir Crazy Cafe Oakbrook only. The outdoor dining area
may be set up between April 15 and April 30 and may be removed
between October 1 and October 15 for each year this Special Use
Permit is in effect. Not more than 28 seats are permitted in said
area.
2. All planter boxes delineating the dining area shall be securely
mounted and weighted to provide a stable barrier. No signage
(including banners) may be placed on the planters.
3. In October of each year this Special Use Permit is in effect, all
outdoor equipment, including planters, shall be removed and plugs
shall be placed in any holes in the sidewalk to return the area to the
condition it was in prior to outdoor dining operations.
VILLAGE OF OAK BROOK Minutes 11 of 14 July 23, 1996
4. The restaurant operator shall be responsible for maintaining and
cleaning the outdoor area and shall comply with all applicable
DuPage County Health Department requirements.
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 shall open out only.
Motion by Trustee Shumate, seconded by Trustee McInerney, to
direct the Village Attorney to draft the necessary ordinance to grant
Stir Crazy Cafe a Special Use to allow"outdoor dining" with the
stipulation that the following conditional elements be incorporated
into the ordinance:
1. Said area shall be developed and used in substantial conformity
with said Exterior Cafe Seating Plan and access thereto shall be
through Stir Crazy Cafe Oakbrook only. The outdoor dining area
may be set up between April 15 and April 30 and may be removed
between October 1 and October 15 for each year this Special Use
Permit is in effect. Not more than 28 seats are permitted in said
area.
2. All planter boxes delineating the dining area shall be securely
mounted and weighted to provide a stable barrier. No signage
(including banners) may be placed on the planters.
3. In October of each year this Special Use Permit is in effect, all
outdoor equipment, including planters, shall be removed and plugs
shall be placed in any 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 and shall comply with all applicable
DuPage County Health Department requirements.
S. Nut 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 shall open out only.
VOICE VOTE: Motion carried.
�.
RE=,V11V ENDATION - RACK 13708 MADISON) - VARIATIONRACKE
- SIX-FOOT HIGH SOLID FENCE: (3708 Madison)
VARIATION -
The Racke's wish to construct a six-foot high solid fence along a SIX-FOOT HIGH SOLID FENCE
portion of their south lot line that abuts the Bronswood Cemetery.
VILLAGE OF OAK BROOK Minutes 12 of 14 July 23, 1996
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VI LLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
PHONE: 630 990-3000
FAX: 630 990-0876
July 15, 1996
President Bushy and Board of Trustees
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60521
RE: Stir Crazy Cafe Oakbrook LLC- Oakbrook Center
Special Use-Outdoor Dinina
Dear President Bushy and Board of Trustees:
On July 2, 1996, the Zoning Board of Appeals held the required public hearing regarding the
Stir Crazy Cafe request for Special Use approval to allow "outdoor dining."
There was no public testimony and the Zoning Board of Appeals was in receipt of the Plan
Commission recommendation for approval.
The conditional elements suggested by the petitioner were based on the previously granted
"outdoor dining" Special Uses for Maggiano's and Zarrosta Grill. Mr. Hawk indicated that there
have been no problems with the other outdoor dining facilities within the Village.
The Zoning Board of Appeals by a vote of 4 to 0, with one abstention, passed a motion
recommending approval of a Special Use for"outdoor-din ing" for the Stir Crazy Cafe including
the conditions stipulated on page A-1 of the petition file.
Very truly yours,
2Z�
Champ Da4is
Chairman
Zoning Board of Appeals
cc: Petition file
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
PHONE: 630 990-3000
FAX: 630 990-0876
MEMO
July 25, 1996
To: Mack Shumate, Trustee
From: Tom Hawk, Director of Code Enforceme
Subject: Stir Crazy- Oakbrook Center
Special Use for Outdoor Dinina
In answer to your question at the July 23, 1996 Board of Trustees meeting, the planter boxes
that will be placed at the perimeter of the outdoor dining area will be equivalent to the planter
boxes used at Maggiano's.
They will be of wood frame construction, securely attached to the concrete slab, and weighted
with sand bags for additional stability. They will provide equivalent protection to that proved by
a typical store front design placed a minimum of five feet back from the curb line.
If you have any further questions, please call me before the August 13, 1996 Board of Trustee
meeting and I will provide any additional information you need.
TRH/gp
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
PHONE: 630 990-3000
FAX: 630 990-0476
MEMO
July 25, 1996
To: Mack Shumate, Trustee
From: Tom Hawk, Director of Code Enforceme .
Subject: Stir Crazy - Oakbrook Center
Special Use for Outdoor Dinina
In answer to your question at the July 23, 1996 Board of Trustees meeting, the planter boxes
that will be placed at the perimeter of the outdoor dining area will be equivalent to the planter
boxes used at Maggiano's.
They will be of wood frame construction, securely attached to the concrete slab, and weighted
with sand bags for additional stability. They will provide equivalent protection to that proved by
a typical store front design placed a minimum of five feet back from the curb line.
If you have any further questions, please call me before the August 13, 1996 Board of Trustee
meeting and I will provide any additional information you need.
TRH/gp
VILLAGE OF OAK BROOK
ZONING BOARD OF APPEALS MINUTES
July 2, 1996
1. CALL TO ORDER
The meeting was called to order at 7:35 p.m.
MEMBERS PRESENT: Chairman Champ Davis
Members Richard Ascher
Dorothy Dosedlo
Hans Hasen
Manu Shah
MEMBERS ABSENT: Louis Aldini
Adam Butler
ALSO PRESENT: Director of Code Enforcement Thomas Hawk
11. APPROVAL OF MINUTES
Member Hasen moved, seconded by Member Dosedlo, to waive the reading of the June 4, 1996,
regular Zoning Board of Appeals meeting minutes and to approve them as written.
VOICE VOTE: All in favor. Motion carried.
l/l. STIR CRAZY CAFE OAKBROOK LLC - OAKBROOK CENTER - SPECIAL USE -
OUTDOOR DINING
David Gooder introduced himself as attorney for the petitioner. He reviewed the proposed request
and the location for the outdoor dining. They are seeking approval of the Special Use Permit with
the conditions as stipulated in the application. He advised the Board that the Plan Commission has
reviewed and recommended approval. The request will be in line with the standards set forth in the
Zoning Ordinance and the conditions imposed will be similar.
Ben Hanson, Manager of Stir Crazy Cafe, said that the restaurant has been in operation at the
Oakbrook Center location since November 30, 1995. They are'an interactive dining service
restaurant specializing in Asian stir-fry cuisine. They are seeking to add summer time patio dining
for their customers. When the outdoor dining is in use the planters will be permanently installed for
the season and it will not be accessible from the outside. There will be a five-foot perimeter walkway
around the outdoor restaurant. There is seating capacity for 28, there will be no outdoor speakers for
music or dancing and there will be no signage on the planters. He said that alcohol will not be
served without dinner. They will comply with all Health Department regulations.
ZONING BOARD OF APPEALS Minutes July 2, 1996 1? 1 ��
Gooder reviewed the conditions outlined on page A-1 of the file. They will meet the requirements of
the DuPage County Health Dept. The health, safety, and welfare of the public will be protected,
and the use will not adversely affect property values.
Hawk said that based on the list of conditions that have been developed by previous outdoor dining
permits, it has been a clean experience. He is unaware of any complaints being made about any of
the existing operations.
No one in the audience spoke in favor of or in opposition to the request.
Member Hasen moved, seconded by Member Shah to recommend for approval the Stir Crazy Cafe
LLC, Special Use for Outdoor Dining as requested subject to the conditions set forth on page A-1 of
the petition file.
ROLL CALL: Ayes: 4 - Dosedlo, Hasen, Shah, and Davis
Nays: 0 - None.
Abstain: 1 - Ascher.
Absent: 2 - Aldini and Butler. Motion Carried.
IV. RACKS- 3708 MADISON- VARIATION- SIX FOOT(6')HIGH SOLID FENCE
Tim Racke introduced himself and his wife Anne as owners of the property. He told the Zoning
Board that their property and situation are unique and warrant a variation to the Village Code. They
are one of four properties that border an Institutional property. Of those four properties their home is
less than sixteen feet to the lot line. He said that it s not like being sixteen feet from your neighbor's
lot line, but like being sixteen feet from any stranger that might visit that side of the cemetery. Their
home is in the closest proximity to the circulation road that circles Bronswood. There is already a
nonconforming five-foot cyclone fence on the Bronswood property. There are other residential
properties in Oak Brook that abut nonresidential properties and nonconforming fences have been
allowed at the lot line. Their proposal will have virtually no impact on the neighbors or detract from
the character of the area. The proposed fence is set back from Madison about 120 feet. It is
perpendicular from Madison and cannot be seen from Madison or from the north because the house
will block it. It will only be seen from Bronswood and a favorable opinion of the proposed fence was
written by the President of the Bronswood Cemetery and is included in the file.
Member Shah questioned the purpose of a six-foot high solid fence to screen the cemetery and
whether they considered to conceal the area with landscaping such as evergreens. Racke noted
that they purchased the property in August of 1995. At the time, it was the middle of summer and
fully foliated. In the winter there is a very open view of the cemetery and visitors; and it is like that
for six months out of the year. A lot of the homes living area is on that side of the house and a site
barrier would protect them from the view of the visitors as well as their being viewed. They did look
into additional landscaping and were advised by two separate landscapers that because of the
shaded area by all the oak trees, it is unlikely that anything will thrive.
Chairman Davis noted that the Board has been reluctant to grant fence variations with respect to
height or type because they may set a precedent. One important reason for granting a variation is
that the plight of the owner is due to unique circumstance. Being adjacent to a cemetery where
there are visitors is a unique circumstance. There are not many homes next to cemeteries in Oak
Brook. It is not likely that the use of the land as a cemetery will change. There will be no detrimental
effects to the general public health and welfare and the fence will not alter the general character of
the area.
ZONING BOARD OF APPEALS Minutes July 2, 1996 /r•�
l'2 i
STIR CRAZY CAFE
IN_
PAGE CONTENTS
13 Informational Memo from Hawk to Board of Trustees dated 7/16/96
12 Recommendation Letter from Zoning Board of Appeals Chairman to Board of
Trustees dated 7/15/96
11-11a Zoning Board of Appeals Meeting Minutes dated 7/2/96
10 Recommendation Letter from Plan Commission Chairman to Board of Trustees
and Zoning Board of Appeals
9-9a Plan Commission Meeting Minutes dated 6/17/96
8 Informational Memo to Plan Commission and Zoning Board of Appeals from
Hawk dated 4/10/96
7-7b Letter from Koberstein dated 5/9/96 re: Conditions of Operation and Standards '
6 Certificate of Publication dated May 8, 1996
5 Letter to Petitioner re: Meeting Dates
4 Board of Trustees Referral Meeting Minutes dated 4/23/96
3 Referral Memo to Board of Trustees from Hawk dated 4/16/96
2-2b Special Uses, Zoning Ordinance, Section XIII, (J) (pgs. 971-973)
1-1a B-2, Special Uses, Zoning Ordinance, Section VIII (2) (pgs. 910-911)
A-A1 Application/Petition - Special Use
B Fee/Receipt
C Letter of Explanation
D Legal Description
E Standing on Property
F Adjacent Zoning
G Site Plan
H Architectural Plans (included - not attached)
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
PHONE: 630 990-3000
FAX: 630 990-0876
MEMO
July 16, 1996
TO: President Bushy and Board of Trustees
FROM: Tom Hawk, Director of Code Enforcemen
SUBJECT: Plan Commission and Zoning Board of Appeals Recommendations
Stir Crazy Cafe Oakbrook LLC - Oakbrook Center
Special Use - Outdoor Dining
Suggested Action by Plan Commission and Zoning Board of Appeals Recommendations
If it is your wish to proceed toward approval of this request, it would be appropriate, by voice
vote, pass a motion authorizing Attorney Martens to draft the necessary ordinance to grant Stir
Crazy Cafe a Special Use to allow "outdoor dining"with the stipulation that the conditional
elements listed on page A-1 of the petition file be incorporated into the ordinance.
Plan Commission and Zoning Board of Appeals Recommendations
The Plan Commission and Zoning Board of Appeals have both recommended approvals of a
Special Use for"outdoor dining"for Stir Crazy Cafe and included the conditions based on the
previously approved "outdoor dining"Special Uses.
Background
This is the fourth request for approval of a Special Use for"outdoor dining areas adjacent to
restaurants" since July of 1993. The other applicants were Maggiano's, Zarrosta Grill, and J.
Alexander's. We have not had any problems pertaining to outdoor dining at these three
restaurants or any of the other outdoor dining areas in the Village.
The conditional elements that have been applied to the three existing approved "outdoor dining
areas" appear to be effective in regulating these uses.
TRH/gp
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
PHONE: 630 990-3000
FAX: 630 990-0876
July 15, 1996
President Bushy and Board of Trustees
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60521
RE: Stir Crazy Cafe Oakbrook LLC- Oakbrook Center
Special Use-Outdoor Dining
Dear President Bushy and Board of Trustees:
On July 2, 1996, the Zoning Board of Appeals held the required public hearing regarding the
Stir Crazy Cafe request for Special Use approval to allow "outdoor dining."
There was no public testimony and the Zoning Board of Appeals was in receipt of the Plan
Commission recommendation for approval.
The conditional elements suggested by the petitioner were based on the previously granted
"outdoor dining" Special Uses for Maggiano's and Zarrosta Grill. Mr. Hawk indicated that there
have been no problems with the other outdoor dining facilities within the Village.
The Zoning Board of Appeals by a vote of 4 to 0, with one abstention, passed a motion
recommending approval of a Special Use for"outdoor dining" for the Stir Crazy Cafe including
the conditions stipulated on page A-1 of the petition file.
Very truly yours,
Champ Davis
Chairman
Zoning Board of Appeals
cc: Petition file
NOTE: Chairman Davis has reviewed and verbally approved the content of this
letter. The signed original will be placed in the official file upon receipt.
VILLAGE OF OAK BROOK
Q
ZONING BOARD OF APPEALS MINUTES
July 2, 1996
1. CALL TO ORDER
The meeting was called to order at 7:35 p.m.
MEMBERS PRESENT: Chairman Champ Davis
Members Richard Ascher
Dorothy Dosedlo
Hans Hasen
Manu Shah
MEMBERS ABSENT: Louis Aldini
Adam Butler
ALSO PRESENT: Director of Code Enforcement Thomas Hawk
Il. APPROVAL OF MINUTES
Member Hasen moved, seconded by Member Dosedlo, to waive the reading of the April 2, 1996,
regular Zoning Board of Appeals meeting minutes and to approve them as written.
VOICE VOTE: All in favor. Motion carried.
Ill. STIR CRAZY CAFE OAKBROOK LLC - OAKBROOK CENTER - SPECIAL USE-
OUTDOOR DINING
David Gooder introduced himself as attorney for the petitioner. He reviewed the proposed request
and the location for the outdoor dining. They are seeking approval of the Special Use Permit with
the conditions as stipulated in the application. He advised the Board that the Plan Commission has
reviewed and recommended approval. The request will be in line with the standards set forth in the
Zoning Ordinance and the conditions imposed will be similar.
Ben Hanson, Manager of Stir Crazy Cafe, said that the restaurant has been in operation at the
Oakbrook Center location since November 30, 1995. They are an interactive dining service
restaurant specializing in Asian stir-fry cuisine. They are seeking to add summer time patio dining
for their customers. When the outdoor dining is in use the planters will be permanently installed for
the season and it will not be accessible from the outside. There will be a five-foot perimeter walkway
around the outdoor restaurant. There is seating capacity for 28, there will be no outdoor speakers for
music or dancing and there will be no signage on the planters. He said that alcohol will not be
served without dinner. They will comply with all Health Department regulations.
Gooder reviewed the conditions outlined on page A-1 of the file. They will meet the requirements of
the DuPage County Health Dept. The health, safety, and welfare of the public will be protected,
and the use will not adversely affect property values.
Hawk said that based on the list of conditions that have been developed by previous outdoor dining
permits, it has been a clean experience. He is unaware of any complaints being made about any of
the existing operations.
ZONING BOARD OF APPEALS Minutes June 4, 1996
1 l�i
No one in the audience spoke in favor of or in opposition to the request.
Member Hasen moved, seconded by Member Shah to recommend for approval the Stir Crary Cafe
LLC, Special Use for Outdoor Dining as requested subject to the conditions set forth on page A-1 of
the petition file.
ROLL CALL: Ayes: 4 - Dosedlo, Hasen, Shah, and Davis "RA
Nays: 0 - None.
Abstain: 1 - Ascher. Pr
Absent: 2 - Aldini and Butler. Motion Carried.
IV. RACKS- 3708 MADISON- VARIATION- SIX FOOT(6') HIGH SOLID FENCE
Tim Racke introduced himself and his wife Anne as owners of the property. He told the Zoning
Board that their property and situation are unique and warrant a variation to the Village Code. They
are one of four properties that border an Institutional property. Of those four properties their home is
less than sixteen feet to the lot line. He said that it s not like being sixteen feet from your neighbor's
lot line, but like being sixteen feet from any stranger that might visit that side of the cemetery. Their
home is in the closest proximity to the circulation road that circles Bronswood. There is already a
nonconforming five-foot cyclone fence on the Bronswood property. There are other residential
properties in Oak Brook that abut nonresidential properties and nonconforming fences have been
allowed at the lot line. Their proposal will have virtually no impact on the neighbors or detract from
the character of the area. The proposed fence is set back from Madison about 120 feet. It is
perpendicular from Madison and cannot be seen from Madison or from the north because the house
will block it. It will only be seen from Bronswood and a favorable opinion of the proposed fence was
written by the President of the Bronswood Cemetery and is included in the file.
Member Shah questioned the purpose of a six-foot high solid fence to screen the cemetery and
whether they considered to conceal the area with landscaping such as evergreens. Racke noted
that they purchased the property in August of 1995. At the time, it was the middle of summer and
fully foliated. In the winter there is a very open view of the cemetery and visitors; and it is like that
for six months out of the year. A lot of the homes living area is on that side of the house and a site
barrier would protect them from the view of the visitors as well as their being viewed. They did look
into additional landscaping and were advised by two separate landscapers that because of the
shaded area by all the oak trees, it is unlikely that anything will thrive.
Chairman Davis noted that the Board has been reluctant to grant fence variations with respect to
height or type because they may set a precedent. One important reason for granting a variation is
that the plight of the owner is due to unique circumstance. Being adjacent to a cemetery where
there are visitors is a unique circumstance. There are not many homes next to cemeteries in Oak
Brook. It is not likely that the use of the land as a cemetery will change. There will be no detrimental
effects to the general public health and welfare and the fence will not alter the general character of
the area.
Member Shah questioned the rationale of the Zoning Ordinance in determining the height and type
of fencing permitted in the Village. Hawk said that the height was a number adopted by the
community on the basis of their own personal experience as to what they felt was an acceptable
fence height. Solid fencing is judgmental by people in their determination of privacy and security
values. Oak Brook permits forty-two inch high open fencing in all yards. Many communities do not
allow fencing in all yards. It was a judgment by the original founders of the Zoning Ordinance.
ZONING BOARD OF APPEALS Minutes June 4, 1996
2
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
PHONE: 708 990-3000
June 20, 1996 FAX: 708 990-0876
President Bushy and Board of Trustees
Zoning Board of Appeals
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60521
RE: Stir Crazy Cafe Oakbrook LLC- Oakbrook Center
Special Use-Outdoor Dinina.
Dear President Bushy, Board of Trustees, and Zoning Board of Appeals:
The Plan Commission at their regular meeting on June 17, 1996, reviewed the request by the
Stir Crazy Cafe in Oakbrook Center for a Special Use to permit Outdoor Dining.
The Petitioner has agreed to abide by a set of conditions based on previously approved
Special Uses for"outdoor dining" at other Oak Brook restaurants.
There was no public testimony either in favor of or in opposition to this proposal.
The Plan Commission by a vote of 5 to 0 approved a motion recommending approval of the
request subject to conditions listed on page A-1 of the petition file.
Very truly yours,
Stelios Aktipis
Chairman
Plan Commission
cc: Petition file
/O
VILLAGE OF OAK BROOK
PLAN COMMISSION MINUTES
JUNE 17, 1996 ,►
L CALL TO ORDER
The meeting was called to order at 7:58 p.m.
MEMBERS PRESENT: Chairman Stelios Aktipis
Members Stephen Allen
Samuel Girgis
George Mueller
Anthony Tappin
MEMBERS ABSENT: Surendra Goel
David Pequet
ALSO PRESENT: Director of Code Enforcement Tom Hawk
A quorum was present
Chairman Aktipis introduced new Member Allen and Girgis and gave them a warm welcome to
the Plan Commission.
/I. APPROVAL OF MINUTES
Member Mueller moved, seconded by Member Allen, to waive the reading of the April 15, 1996
Plan Commission Meeting minutes and to approve them as amended.
VOICE VOTE:AII in favor. Motion passed.
0 Ill. STIR CRAZY CAFE OAKBROOK LLC - OAKBROOK CENTER - SPECIAL
USE- OUTDOOR DINING
Mary Koberstein introduced herself as attorney for the petitioner. She reviewed the proposed
request and named the other restaurants that have been granted the Special Use Permit
previously. She noted that this request will be in line with the standards set forth in the Zoning
Ordinance and that the conditions imposed will be similar. When the permit is in use it will be
permanently installed for the season. There is a five foot perimeter walkway and the outdoor
restaurant cannot be accessed from the outside. The emergency exit gate will be used for
emergency egress only. There will be no outdoor speakers for music or dancing and there will
be no signage on the planters. They will comply with all Health Department regulations.
PLAN COMMISSION Minutes JUNE 17, 1996
1
Ken Kouri, General Manager, Stir Crazy Cafe, described the restaurant as "create your own"
Asian cuisine stir fry. He reviewed the operation of the restaurant and noted that the outdoor
dining will be a nice addition to the restaurant. He said that alcohol will not be served without
dinner. The outdoor dining will be an extension of the restaurant.
Chairman Aktipis reviewed some outdoor dining background information for the new members.
Mr. Hawk said that the conditions stipulated by the petitioner are based on those developed for
Maggiano's and that they have worked effectively. Three restaurants are operating under the
Outdoor Dining Special Use Permit. In a well operated and maintained establishment the
outdoor dining has not generated any problems for the Village. Chairman Aktipis reviewed the
proposed conditions on page A-1 of the petition file.
No one in the audience spoke in favor of or in opposition to the request.
Member Tappin moved, seconded by Member Mueller to recommend for approval the Stir
Crazy Cafe LLC, Special Use for Outdoor Dining as requested and.subject to the conditions
set forth on page A-1 of this file.
ROLL CALL: Ayes: 5 - Allen, Girgis, Mueller, Tappin and Aktipis.
Nays: 0 - None.
Absent: 2 - Goel and Pequet. Motion Carried.
IV. MALLOY - 11 NATOMA DRIVE - PRELIMINARY AND FINAL PLAT - TWO-
LOT SUBDIVISION
Hawk notified the Members that Mr. Malloy had to be out of town and would be unable to
appear at this meeting. Due to the modest nature of this two-lot subdivision request, Hawk
would advise the Members of the action requested, and should there be any questions or
concerns the matter could be continued to the next meeting.
Hawk advised the Members that Mr. Malloy owns both lots 15 and 16 and wishes to make a
minor adjustment to the interior lot between the two properties. He is seeking to move the lot
line north a distance of approximately twenty feet that will allow him to incorporate the
landscaping and driveway improvements that he made to his home and leaves Lot 15
unencumbered by his improvements. The Village Engineer has reviewed the plat and has
advised that other than some minor adjustments the plat is in order. The action requested is in
compliance with the Zoning Ordinance and the Subdivision Regulations. The surveyor's
representative is present to answer questions, however, if there are questions they would like
to discuss with Mr. Malloy it would be appropriate to continue the matter.
Chairman Aktipis questioned the Members of the Board how they wanted to proceed and they
all agreed to proceed with the matter.
Girgis questioned if lot 15 was vacant, except for the landscaping and Tappin questioned
whether both lots will meet the minimum lot area requirements. Hawk said that the one lot was
vacant and the other has a home built on it. Both lots will be zoned R-2 and meet the
minimum lot area requirements. The petitioner can legitimately change the lot lines. The Plan
Commission's responsibility is to see that the they comply with the Subdivision Regulations
PLAN COMMISSION Minutes JUNE 17, 1996
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VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
PHONE: 708 990-3000
FAX: 708 990-0876
MEM
April 10, 1996
TO: Plan Commission and Zoning Board of Appeals
FROM. Tom Haw
SUBJECT. Stir Crazy Cafe - 105 Oakbrook Center
Special Use - Outdoor Dining Area Adjacent to a Restaurant
This petition request is for Special Use approval of a 28-seat maximum outdoor dining
area adjacent to the Stir Crazy Cafe in the Oabrook Center. Stir Crazy is located along
the northwest perimeter of the Center in the area to the southwest of Sears.
The proposal is similar in nature and scope to the previously approved "Outdoor dining
area" for the Maggiano's and Zarrosta's Restaurants.
The list of conditions submitted by the petitioner(see page A-i of this file) is based on
the conditions developed for the previously approved Outdoor Dining Special Uses.
This category of Special Use was established in 1993 and the Village has approved
three restaurants for its-use - Maggiano's, Zarrosta's, and J. Alexander's. We have not
had any problems with these outdoor dining areas.
If it is your wish to recommend approval of this request, it would be appropriate to
include in your motion the conditions to be imposed and your findings with respect to
the Special Use Standards in the Zoning Ordinance (see page 2-b of this file).
TRH/gp
cc: Petition files
J •
LORD, BISSELL & BROOK
IIS SOUTH LA SALLE STREET
CHICAGO, ILLINOIS 60603 LOS ANGELES OFFICE
300 SOUTH GRAND AVENUE. 6TH FLOOR
(312) 443-0700 LOS ANGELES,CALIFORNIA 90071-3200
(213)485-1500
CABLE: LOWIRCO CGO TELEX:18-1135
TELEX: 25-3070 TELECOPY:(213)485-1200
TELECOPY: 13121 443-0336 ATLANTA OFFICE
ONE ATLANTIC CENTER
1201 W. PEACHTREE STREET,SUITE 3700
ATLANTA,GEORGIA 30309
(404)670-4600
TELECOPY: (404)872-SS47
MARY B. KOBERSTEIN LONDON OFFICE LLOYD'S,SUITE 995
(312) 443-0300 1 L ME STREET
May 9, 1996 LONDON EC3M 7DO ENGLAND
071-327.4534
TELECOPY:071-9 2 9.2 2 50
Mr. Thomas Hawk
Director of Code Enforcement
Village of Oak Brook RECEIVED
1200 Oak Brook Road
Oak Brook, IL 60521
MAY 1 0 199h i
i
Re: Special Use Permit Application
Stir Crazy Cafe Oakbrook, LLC VILLAGE OF
PLANPff
Dear Tom:
In conjunction with the special use application of our client Stir Crazy Cafe Oakbrook,
L.L.C., and in response to your request, this letter provides a physical description of the
proposed outdoor cafe, sets forth the proposed conditions of operation and addresses the
standards that apply to the proposed special use.
Stir Crazy Cafe is located on the northwest side of Oakbrook Center adjoining the
northwest surface parking lot area. The Oak Brook Zoning Ordinance ("Ordinance") classifies
Oakbrook Center in the B-2 Regional Shopping Center District. Section VIII(D)(2)(f) of the
Ordinance permits outdoor dining areas adjacent to restaurants as a special use in the B-2
District.
Within Oakbrook Center, Stir Crazy Cafe occupies a comer location at the end of a
group of retail tenants situated west of the Sears store. A pedestrian sidewalk adjoins the
northwest and southwest sides of the restaurant. Stir Crazy Cafe proposes to use a portion of
the southwest sidewalk for a twenty-eight (28) seat outdoor cafe which is proposed to operate
between May 1 and October 1 each year. The cafe would be set up between April 15 and April
30 of each year and removed between October 1 and October 15 of each year.
The proposed physical layout of the cafe is depicted on the Exterior Cafe Seating Plan
prepared by Aumiller Younquist, P.C., dated March 8, 1996. The cafe is separated from the
pedestrian walkway by a planter box wall that ranges from three to three and one half feet (3'
to 3 1/2'), planter box wall which will be constructed of fire-treated wood stained to match the
/•
Ayes: 5 - Trustees Bartecki, Kenny, McInerney, Payovich and Savino.
Nays: 0 - None.
Absent: 1 - Trustee Shumate. Motion carried.
APPROVAL OF:
A. APPROVAL OF BILLS: Approved Omnibus Vote. BILLS -
$637,20.7.78
PAYROLL -
B. APPROVAL OF PAYROLL: Approved Omnibus Vote. $302,564.28(grosE;
C. CHANGE ORDERS:
1. CHANGE ORDER#4 - 1995 PAVING PROIEC'T: Approved 1995 PAVING
Omnibus Vote. PROJECT
D. PAYOUTS: PAYOUTS:
1. GROUP I RESOURCES. INC. -PAYOUT#7 -INFORMATION INFORMATION
TECHNOLOGY PLAN-PHASE II - $2,153M Approved TECHNOLOGY PLAN
Omnibus Vote.
2. CIVILTECH ENGINEERING. INC. -PAYO 1T#7- YORK/HARGER
YORKIRARGER BIKE TRAIT -p EL MTNARV BIKE TRAIL
ENGINEERING- $950.76: Approved Omnibus Vote.
3. THE FIRST COMMERCIAL.BANK- 1973 WATERwogK,.q 1973 WATERWORKS
REVENUE BONDS -FINAL INSTALLMENT_ $7-80,635.00: . REVENUE BONDS
Approved Omnibus Vote.
4. JAMES D. FIALA PAVING-PAYOUT#7 - 1995 PAVING 1995 PAVING
PROJECT- $35.509.22: Approved Omnibus Vote. PROJECT
5. IUJFF & HUFF - PAYOUT#5 -UNDERGROUND N STORAGE UNDERGROUND
TANK REMEDIATION - $139.36: Approved Omnibus Vote. STORAGE TANK
E. REFERRAL. - STIR CRAZY CAFE OAK BROOK - SPECIAL USE STIR CRAZY CAFE -
P'� - OUTDOOR DINING - REFER TO PLAN COMMISSION SPECIAL USE -
MEETING OF MAY 20. 1996 AND ZONING BOARD OF OUTDOOR DINING
APPEALS MEETING OF JUNE 4. 1996: Approved Omnibus Vote.
F. AUTHORIZATION TO SEEK BIDS OR PROPOSALS:,
1. 1996i97 STATE JOINT PURCHASE-- DEICER SALT: 1996/97 DEICER
Approved Omnibus Vote. SALT
G. ACCEPT AND PLACE ON FILE -TREASURER'S REPORT OF TREASURER'S
MARCH. 1996: Approved Omnibus Vote. REPORT-Y.-AR. , 1996
VILLAGE OF OAK BROOK Minutes 3 of 18 April 2 , 1996
U �,
•
Village Board that could be acted upon at the May 14, 1996 regular meeting.
He noted York Road would remain open northbound during the reconstruction
project, and Spring Road is already closed southbound from 3 p.m. to 6 p.m.
during week days. Mrs. McDade asked that the use of emergency vehicles and
school buses be exempt from access of the temporary closing of Spring Road.
President Bushy commented that this proposal would come before this Board
as a recommendation from staff and require a notification process to the
residents of Fullersburg Woods understanding that the road would be closed to
everyone. If approved by ordinance, then citations would be written for any
violations.
Village Manager Veitch suggested that enforcement issues need to be
discussed with the Police Chief and safety measures from the Fire Chief.
Trustee Payovich recommended the consideration of local traffic only signs,
which do not require passage of an ordinance. These could be designated on .
streets adjacent to Ogden Avenue.
Mrs. McDade stated their homeowners meeting is scheduled for May 23 1996
--- in which the homeowners would be informed of the ramifications of a road
closure. President Bushy explained that a hearing would be required for this
type of request by the Village Board. The proposed ordinance would be placed
on the agenda of the May 14, 1996 Board meeting with adoption at the May
28, 1996 Board meeting. Fullersburg Woods residents could attend the May
28, 1996 Board meeting with their comments on this request.
President Bushy acknowledged the progress of the Ethnic Fest Committee with
the able assistance of Village Board representative Trustee McInerney. She
acknowledged Karen Martino, in the audience, who is working with the Sports
Core staff requesting Embassies in the Chicagoland to participate in our Fest.
The response is very exciting, and they are willing to participate. The Village
is working in conjunction with School District 53 and our Park District.
4. APPROVAL, OF MINUTES: - :MINUTES
Motion by Trustee McInerney, seconded by Trustee Bartecki, to approve the
minutes of the Regular Meeting of April 9, 1996 as presented and waive the
full reading thereof. VOICE VOTE: Motion carried with Trustee Savino
abstaining.
5. OMNiIBUS AGENDA:
l
Motion by Trustee Viclnerney, seconded by Trustee Savino. to approve the
Omnibus Agenda. ROLL CALL VOTE:
VILLAGE OF OAK BROOK Minutes 2 of 18 April 23, 1996
p�pF OgKe
v
uN
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK ILLINOIS 60521 -2255
255
PHONE: 708 990-3000
FAX: 708 990-0876
MEMO
April 16, 1996
TO: President Bushy and Board of Trustees
FROM. Tom Hawk, Director of Code Enforcement
SUBJECT. Referral-Stir Crazy Cafe Oakbrook LLC - Oakbrook Center
Special Use - Outdoor Dining Area.
We have received a petition from the Stir Crazy Cafe in the Oakbrook Center for
approval of a Special Use for"outdoor dining."
Please refer this proposal to the Plan Commission for review and recommendation at
their meeting on May 20, 1996, and to the Zoning Board of Appeals for the required
Public Hearing on June 4, 1996.
TRH/gp
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
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)
?1) Special Uses.
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 pa-ticidar 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
a.
• !
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 fonvarded 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 for a 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
s •
APPENDIX A—ZONLrG Sec XIII
No special use shall be authorized by the Village
Board unless the special use:
(a) )(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
will be protected; and
(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, inclucting, 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.
(H) 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 e2dst 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
4A
�s
f
B-Z
Sec.VIII OAK BROOK CODE
(aa) Sales and display rooms.
(bb) Schools, commercial—business, trade, music and
dance.
(cc) Service, cleaning and repair shops—for personal,
household or garden equipment.
(dd) Tailor or dressmaking shops.
(ee) Theaters, except open-air-drive-in establish-
ments.
(ff) Accessory uses and structures—including storage
and service areas within the structures, garages
for delivery trucks, central heating and air
conditioning plants, and storage areas, yards,
shops and similar facilities that are used solely for
operating, servicing or maintaining the activities
and improvements within the district. Accessory
uses and structures shall also include dwellings
occupied by watchmen, janitors, maintenance and
similar employees engaged upon the premises; but
no dwellings shall be erected for any other
purposes.
(2) Special Uses:
(a) Amusement establishments—including bowling
alleys, gymnasiums,-swimming pools and skating
rinks.
(b) Public utility, governmental service, and trans-
portation uses:
(1) Bus turn arounds and passenger shelters.
(2) Fire and police stations.
(3) Telephone exchanges and transmission build-
ings and equipment, and outdoor telephone
booths and pedestals.
(4) Sewage and storm water lift stations.
(5) Water filtration plants, wells, pumping sta-
tions and reservoirs.
910
I
APPENDIX A—ZONING Sec. VIII B-2
(c) Community centers.
(d) Drive-in banking facility. (Ord. No. S-230, 7-13-71)
(e) Day care center, provided such facility complies
with all licensing requirements of the State and
maintains a direct alarm hookup to the Police
Department. (Ord. No. G-454, § 2, 10-9-90)
(f) Outdoor dining areas adjacent to restaurants. (Ord.
No. G-514, § 3, 7-13-93)
(3) Floor Area Ratio: Not to exceed 0.5; provided, however,
that with regard to any increase of floor area over 0.3, not
more than 121/2% of permissible floor area in excess of
0.3 shall be devoted to office use as permitted under
subsection (1)(r) of this Section VM(D). (Ord. No. G-229,
§ 2, 4-25-78; Ord. No. G-414, § 2, 7-12-88)
(4) Yards:
(a) No structure, other than signs as provided for in
Section VIH(D)(5)(b) of this Ordinance, shall be
erected or maintained within the following distances:
(1) 300 feet from the right of way of 22nd Street
or Route 83 (Kingery Expressway);
(2) 80 feet from the right of way of any other
street;
(3) 80 feet from any other district boundary,
except when adjacent to a B-1 district, and
except that when adjacent to a residence
district boundary line, then not within 150 feet
of such boundary line; provided however, that
the area between a building and the right of
way of any street or other district boundary
may be occupied by drives, drive-in banking
facilities, vehicular parking, sidewalks,
Supp. No. 62 911
•' VI GE OF OAK B OK
,� • 1212 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521
•°•eo°�+ �•`' 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 FEE,PLAT OF SURVEY,AND 18 COPIES OF A SCALE DRAWING
SHOWING ALL PERTINENT APPLICABLE INFORMATION; Le" PROPERTY LINES, EXISTING BUILDINGS, LOCATION OF
PROPOSED CONSTRUCTION,ANY BUILDINGS ON ADJACENT PROPERTY WITHIN 100 FEET OF SUBJECT PROPERTY.
APPLICANT TO COMPLETE Ub-/j--5UU=U=Ln 33
LOCATION Northwest Side of (bkbrook Center 06-23-300-036,037,040 thru 042
OF SUBJECT PROPERTY: Southeast of Sears PERMANENT PARCEL NO. 06 23 300 _ 044
- Part of
LOT NO: Lot 2 SUBDMSION: Oakbrook Terrace ADDRESS: 105 Oakbrook Center, oak Brook, IL 60521
iVision, R984765 (Iegal description attached as i.t A)
ZONING DISTRICT: B-2 ZONING ORDINANCE SECTION: SECTION VIII(D) (2)
ACTION REQUESTED: Grant of special use for outdoor dining area subject to the
conditions set forth in Exhibit B
PROPERTY INTEREST OF APPLICANT. OWNER CONTRACT PURCHASER AGENT X
OWNER(S) OF RECORD LaSalle National Trust as Trustee of PHONE NO.
Trust ,r 475
ADDRESS ZIP
BENEFICIARY(MS) OF TRUST Oakbrook-Urban Venture PHONE NO.708/573-0700
Vc ADDRESS 100 Oakbrook Center, UOaakk Brook�lIlli orties Co.
ZIP 60521
NAME OF APPLICANT Stir Crazy Cafe Oakbrook, LLC - - PHONE NO.708/575-0155
G INFO)
A DDRESS DRESS 105 Oakbrook Center, oak Brook, Illinois ZIP 60521
A
I (we)certify that all of the above statements and the statements contained in 4pa r plans submit with are true to the
best of my (our) Imowledge and belief. STIR CAF K K, LLC
By: Z
(Signature) Applicant Date Signature) Ap34we 5011XI to
DO NOT WRITE IN TIDS SPACE-FOR OFFICE ONLY
Dare Filed: '�l//a l�i Board of Tn=L Referral: V/z 3/V,:;, Staff erral:
Notice Published: dW P, If 4L Newspaper: tOA-14-Z z.6
Date Adj.Property Owners Naified: /Fy Zi 11'4L
Public Hearin`Dates: Plan Commission /Ll�4y Zo. /9 f L 7ming Board: ✓v vC
Board of Trustees:Jt AIjE 2S-, htL Board d Trustees: .14 iy /79L
(Approval of Ordinance)
FEE PAID: s /Reoeim No. B f A(i 7 Received By: 6A.-/ '�/P0 ctiye*_
SIGNED-VI1,LAGE CLERK: Date: 41,Z �,zL
o4a
EXHIBIT B
TO
APPLICATION FOR SPECIAL USE
STIR CRAZY CAFE OAKBFMK, LLC
Approval of a special use for outdoor dining annually for the period
May 1 to October 1 inclusive at the location depicted on the EXTERIOR
CAFE SEATING PLAN prepared by Aumiller Youngquist dated February 29,
1996, subject to the following conditions:
1. Said area shall be developed and used in substantial conformity
with said Exterior Cafe Seating Plan and access thereto shall be
through Stir Crazy Cafe Oakbrook only. The outdoor dining area
may be set up between April 15 and April 30 and may be removed
between October 1 and October 15 for each year this Special Use
Permit is in effect. Not more than 28 seats are permitted in
said area.
2. All planter boxes delineating the dining area shall be securely
mounted and weighted to provide a stable barrier. No signage
(including banners) may be placed on the planters.
3. In October of each year this Special Use Permit is in effect, all
outdoor equipment, including planters, shall be removed and plugs
shall be placed in any 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 and shall comply with all applicable
DuPage County Health Department requirements.
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 shall open out only.
EXHIBIT B A-IV
K.•
1�
-IA
1314
STIR CRAZY CAFE
105 OAKBROOK CENTER 70-2331/719
OAK BROOK, IL 60521
PAY /� _� /�� r DATE
i TO THE (/ ����'j�l� V�� L /2yv� ---JQ�
ORDER OF
DOLLARS ® ._
3 OAK BROOK
BANK
OAK BROOK.ILLINOIS 60527 Ar
FOR
lit-L�91 .r-s-sty✓✓
_
11100131411' 1:0719233101: L077SO4 0 0-11 7 11'
:<
NAME G.L.ACCOUNT I +DESCRIPTION
CHECK 3 CHECKS 3 CASH INV K DATE
NUMBER
r� t
,i INVALID
WITHOUT
VILLAGE OF OAK BROOK SIGNATURE
BUREAU OF INSPECTION B 8267
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
cU
PHONE: (708) 990-3000
'7lar.�
RETAIN THIS RECEIPT
FOR YOUR RECORDS
s
SAFEGUARD BUSINESS SYSTEMS
.r
�-
ENTERPRISES , LAsC0
April 11? 1996
Mr.Tom Hawk
Director of Code Enforcement
Village of Oak Brook _
1200 Oak Brook Road
Oak Brook,II,60521
Dear Mr.Hawk, '
On behalf of Stir Crazy Cafe - Oakbrook, L.L.C., I would like to apply for a special use permit for an
outdoor dining area at Stir Crazy Cafe,located at 105 Oakbrook Center. The proposed dining area would
be on the southwest side of Stir Crazy Cafe and be comprised of a total of 28 seats. We believe that this
"outdoor cafe"would be a positive addition to the Village of Oak Brook.
I have enclosed a completed application along with all of the requested information, including the
following:
• completed special use permit application with attached legal description
• 18 copies of the exterior cafe seating plan
• diagram of the proposed location and nearby properties
• copy of relevant portion of Oak Brook zoning map. .
,letter of approval from Chuck Fleming,Oakbrook Center Mananger
• $400 check for application fee
I would like the Village to consider this application at its earliest convenience so that we can capture as
much of 4he upcoming season as possible. Please call me if you have any questions or need more
information. I look forward to working with you and the Village in making our outdoor dining area a
reality!
SincereI
Gary Leff
President
enclosure
900 North Michigan Avenue• 10th Floor•Chicago,Illinois 60611 PH 312.915.2335/312.915.2313 Fl(312 915.2317
EXHIBI T A • Revised 4/30/96
to
APPLICATION FOR SPECIAL USE
STIR CRAZY CAFE OAKBROOK, LLC
LEGAL DESCRIPTION
Stir Crazy Cafe is a restaurant located at 105 Oakbrook Center, which
Center is legally described as follows:
Lots 1, 2, 3, 4, 5, 6, 7 and 9 in Oakbrook Terrace Subdivision, 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 Resub-
division, 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 Nos. 06-23-300-022
through 06-23-300-033. 06-23-300-036, 06-23-300-037, 06-23-300-040
through 06-23-300-042 and 06-23-300-044.
I
URBAN
LeJ
..w►rao.nrms eo.
April 11, 1996
Mr Tom Hawk
Director of Code Enforcement
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60521
Dear Mr. Hawk:
On behalf of the Oakbrook Center, I would like to inform you that we have
approved the Stir Crazy Cafe Restaurant outdoor seating plan (dated 2/29/96) .
We believe this plan is in conformance with all mall and village standards,
and addresses all possible concerns.
I would like the Village to consider this application at its earliest
convenience, so that Stir Crazy Cafe may open the proposed outdoor dining area
this coming season. I believe that this "outdoor cafe" will be a positive
addition to both the Oakbrook Center and the Village of Oak Brook. Please
call me if you should have any questions or require more information.
Very truly yours,
Richard C. F ng
General Manager and
Assistant Vice President
Oakbrook Center
RCF:ac
100 OAKBROOK CENTER OAK BROOK,IL 60521-1808 708-573-0700 CHICAGO 312-242-1859 FAX 708-573-0710
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LORD, BISSELL 6 BROOK
Mr. Thomas Hawk
May 9, 1996
Page 2
existing windows and doors on the building. The planter box wall maintains a five foot (5')
setback from the existing curb line of the pedestrian walkway. No signs would be placed on the
planter boxes. The boxes will be doweled into threaded inserts in'the existing concrete walkway
and weighted with sandbags for stability. Upon removal each fall, plugs will be installed into
the concrete sidewalk.
The outdoor cafe has been designed so that it may only be entered from the interior of
the restaurant. One emergency exit gate which swings outward is located in the planter box wall
directly across from the cafe entrance. All service to and from the cafe area will be through the
main restaurant. One water station is proposed to be located in the outdoor cafe near the
entrance.
Existing building awnings on the southwest facade would remain. In addition, umbrellas
would be installed in the planter box wall to provide protection for the tables located along the
planter box wall. The umbrellas maintain an eight foot (8') clearance above the walkway. All
outdoor cafe furniture and fixtures will be stored off-site during the off-season.
The proposed conditions of operation, Exhibit B to the application, are as follows:
1. The area shall be developed and used in substantial conformity with the Exterior
Cafe Seating Plan and access thereto shall be through Stir Crazy Cafe Oakbrook only.
The outdoor dining area may be set up between April 15 and April 30 and may be
removed between October 1 and October 15 each year the Special Use Permit is in
effect. Not more than twenty eight seats are permitted in the outdoor cafe area.
2. All planter boxes delineating the dining area shall be securely mounted and
weighted to provide a stable barrier. No signage (including banners) may be placed on
the planters.
3. In October of each year that this Special Use Permit is in effect, all outdoor
equipment, including planters, shall be removed and plugs shall be placed in any 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 and shall comply with all applicable DuPage County Health Department
requirements.
5. Not less than a five foot sidewalk area for pedestrian traffic shall be maintained
at all times as indicated on the aforementioned plan.
LORD, BISSELL & BROOK
Mr. Thomas Hawk
May 9, 1996
Page 3
6. There shall be no music, dancing or other entertainment offered within the dining
area.
7. The emergency egress gate shall open out only.
As the Village has recognized, outdoor cafes can be a positive addition to the Village of
Oak Brook and Oakbrook Center. In this case, the conditions that are proposed to be
incorporated into the special use permit for Stir Crazy Cafe are consistent with those that the
Village has incorporated into other outdoor cafe special use permits, including Zarrosta Grill and
Maggiano's in Oakbrook Center, and J. Alexander's Restaurant in Oak Brook Court.
Given Stir Crazy Cafe's location within Oakbrook Center, there is no conflict between
the proposed outdoor cafe and other businesses or pedestrian traffic. The proposed conditions
of operation provide further assurance that the outdoor cafe will not interfere with or cause
injury to shoppers, pedestrians or other businesses in Oakbrook Center and that it will not impact
the use or enjoyment of other property in the immediate neighborhood. The design, location and
proposed operations will protect the public health, safety and welfare. Adequate clearance and
a stable barrier is maintained between the cafe and the curbline. Ingress and egress has been
designed to eliminate interference with mall operations and to provide safe egress in case of an
emergency.
For all these reasons, we respectfully submit that the proposed special use satisfies the
standards of the Ordinance and merits approval.
Sincerely,
Mary B. Koberstein
for Lord, Bissell & Brook
MBK:cly
cc: Gary Leff
David Gooder
� 6
CERTIFICATE OF PUBLICATION
Paddock Publications, Inc.
BYa ' " op
M a D&Heralftalues
NOTICE IS HE oouupp
Zoning Board of of the Vgs of0ak and
Cook Counties.111 win be held on,hrM4 ROM
the Oak Brook Village Hetl,12000ak Brook NI-...
nois 80521 for the purpose of BW
Crra8zzyy Cafe Oakbrook,L.L.C.,105
Illinota 60521 for a Speclal Use for Outdoor dl �
I o restaurantsas r oriaedunderse�,xultf�athez«,xa_ tion organized and existing under and by virtue of the laws of the
dinance of the Vi of Oak Brook,Iltirtois,orrlinertce t3 as .
amended.
The petitioner is seeking approval for aspeciat Use toallow : llinois, DOES HEREBY CERTIFY that it is the publisher of
an outdoor dining area adjacent to their restaurant in the Oak-
brookCentersh°ppingCenter. ERALD. That said DAILY HERALD is a secular newspaper
Thep Ay may be desc W as 105 Oakbrook
Center Ma11ak Brook IU nols 21 and Is legally described as .
'°"OWo been published daily in the Village Lots 1,2,3,4,5,6,7,and 9 tit Oal�rook Terrace Subdivision,a P }� g Of
subdivision of part of section 23,township 39 north re 11 east
of the third pdncipai merldiarr exce ling from iWi We 9 and a Oak Brook COUnty(les) Of
those parts(hereof dedlCaterj for highway purposes by instru-.. .
menu recorded on September 8 1 981 as doh R61-21444
and on November 20 1961 as boarneM Number R61 Du Pa a and State of Illinois
for from said kNs 5 and 7 those parts thereof dadbsted ,
R6,- q' eatd 't recorded as ooctrneru y for more than one year prior to the date of the first publication
arWexM pthomsaldLot9thstpertltfsreMtndutP 7
ed within the FIrst Federal Rsaub�vbbrt recorded May 319M
! 1�
as Document Number R78.38235•In DuPage County 1111111018,
contain stest 1 7417a«es moreorless hereinafter referred to and is of general circulation throughout
PERMANENT PARCEL NO: 00-2300%3% g g
08-23.300-033 08 06-23-300.037. �O',+
through O 2KW60 o4r2gando6- support ;,; a ,� e, County(ies) and State.
Al wosed Sp_ Usee,,r Provialon ,will iota of-. i wil
to the proposed any
forded an to do so andmay submit Mek ptatsnMhb
orepy or in or th.The hearkt�may be to anti"
theebot aP, 'na,,O,n '� i rtify that DAILY HERALD is a newspaper as defined in "an Is(5 dayspriorto date oftheisdasesdhearirp
�"accord with the provisions ls in ne a ate""terira""ten 'se the law in relation to notices" as amended in 1992 Illinois
Act,any individual who is in need of a reasoneDle acconmtodalbn
in order to participate In or benefit from attendance at atis�
a"Z(oe o-5773361MIk�18e1Ci(OtMIW9tthe date , tatutes, Chapter 715, Act 5, Section 1 and 5.
1~he rs l prrmSort on 61e witlt Me YN C1tidt c
and with the Director of Code Enforcement.Pereaa' to
examine the petition documents may to do80WIth
rector of Code Enforcement Thomas'Hawk. Wroo�
Brook,1212 Oak Brook Road Oak Brook,IL 80521. ti of which the annexed printed slip is a true copy, was
708/990-3045. �.
vINi 9ec�ienNeun �, k:T,: .I May 8, 1996
Punbg11V".4 at thheppdiirrection of the corporate Authorities and to
CZOkCousfllNrwislsoftheVWagsolOak Brook DuPageand ILY HERALD.
Published in Oak Brook Herald May 8,1998. (2214!M
IN WITNESS WHEREOF, the undersigned, the said PADDOCK
PUBLICATIONS, Inc., has caused this certificate to be signed by
MARGIE FLANDERS, its Treasurer, at Arlington Heights, Illinois.
PADDOCK PUBLICATIONS, INC.
DAILY HERALD NEWSPAPERS
BY
Assi t Treasurer
•
O�OF 04Ar
A �
o e
c o
COUI%T,4 `y
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS 60521 -2255
PHONE: 708 990-3000
FAX: 708 990-0876
April24, 1996
Mr. David M. Gooder
Lord, Bissell& Brook
1100 Jorie Blvd., Suite 153
Oak Brook, IL 60521
RE: Stir Crazy Cafe Oakbrook LLC-Special Use-Outdoor Dlnlna
Dear Dave:
The Village Board of Trustees, at their meeting of April 23, 1996, has referred the above
petition to the Plan Commission for review and recommendation on May 20, 1996 and to the
Zoning Board of Appeals for public hearing on June 4, 1996. Both meetings will begin at 7:30
p.m. and are held in the Samuel E. Dean Board Room of the Village Hall located at 1200 Oak
Brook Road, Oak Brook, Illinois. Your attendance is required at this meeting.
Please call if you have any questions.
Very truly yours,
Thomas R. Hawk
Director of Code Enforcement
TRH/gp
cc: Gary Leff /
Petition file