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S-1070 - 05/11/2004 - SPECIAL USE - OrdinancesJ.P. RICK CARNEY DUPpGE COUNTY RECORDER MAY 19,2001 3:40 PM OTHER 06 - 26 -100 -009 005 PAGES R2004- 134770 Above Space For Recorder's Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523 -2255 RECORDED DOCUMENT TITLE PAGE Title of Document ORDINANCE 2004- ZO -SU -S -1070 AN ORDINANCE GRANTING A SPECIAL USE TO TUSCANY RESTAURANT FOR AN OUTDOOR DINING AREA ADJACENT TO A RESTAURANT Property Address /es 1415 -1515 WEST 22ND STREET, OAK BROOK, IL 60523 If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523 ) Pin /s Number 06 -26- 100 -009 Name & Address of Applicant TUSCANY OF OAKBROOK, INC., 1425 WEST 22ND STREET, OAK BROOK, IL 60523 Name & Address of Responsible Party to Receive Recorded Document and Billing: G/L Account # to be Charged MR. SALVATORE GIOVANE TUSCANY OF OAK BROOK INC. 1425 WEST 22 N11 STREET OAK BROOK, iL 60523 10 -1365 Prepared By: Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 Name & Address of Recipient of Consideration (when applicable): G/L Account # to be Charged Return To Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 N/A F 4a ORDINANCE 2004- ZO -SU -S -1070 AN ORDINANCE GRANTING A SPECIAL USE TO TUSCANY RESTAURANT FOR AN OUTDOOR DINING AREA ADJACENT TO A RESTAURANT 1415 -1515 West 22nd Street, Oak Brook -- P I N. # 06 -26- 100 -009) WHEREAS, an application has been filed requesting a special use for outdoor dining adjacent to a restaurant at Tuscany Restaurant, 141 5 -1 51 5 22nd Street, Oak Brook (P.I.N # 06 -26- 100 -009), WHEREAS, on March 15, 2004, the Plan Commission reviewed the request for a special use and unanimously recommended its approval, WHEREAS, on April 6, 2004, the Zoning Board of Appeals conducted a public hearing on the request for a special use pursuant to due and appropriate legal notice, and recommended approval of the special use; and WHEREAS, the Zoning Board of Appeals and the Plan Commission found that the petitioner satisfactorily addressed the factors required for approval of a special use and made specific findings including that the special use for outdoor dining at Tuscany Restaurant would be operated so that the public health, safety and welfare will be protected and there will be no substantial injury to other property in the neighborhood.; WHEREAS, the Zoning Board of Appeals and the Plan Commission also found that the request for a special use was consistent with other outdoor dining arrangements within the Village of Oak Brook, and WHEREAS, the Village president and Board of Trustees have reviewed the recommendations of the Plan Commission and Zoning Board of Appeals and deem the special use as set forth below to be in the best interest of the village, 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 The recitals above are hereby incorporated into and made a part of this ordinance Section 2 The Tuscany Restaurant is hereby granted a special use for outdoor dining adjacent to a restaurant at 1415 -1515 West 22nd Street subject to the following conditions 1 Development of the outdoor seating area shall be in accordance with the detailed site plan, dated December 19, 2004, prepared by Randy B Pruyn, ALA 2 The dining area may be set up between April 1 and April 15, and shall be removed on or before October 15 of each year 3 The outdoor seating area will seat a total of fifty -six (56) persons consisting of two (2) sections (twenty -eight (28) on the east side and twenty -eight (28) on the west side) 4 The restaurant will be responsible for maintaining and cleaning the outdoor area and shall comply with all applicable requirements of the DuPage County Health Department 1 Ordinance 2004- ZO -SU -S -1070 Special Use, Outdoor Dining, Tuscany Restaurant 1415 -1515 W 22nd , Oak Brook 06 -26- 100 -009) Page 2 of 3 5. The location of the outdoor seating area will not require any mayor construction as the dining area already has a concrete floor and three foot (3') exterior lights 6 The design allows twenty -two feet (22') between the patrons and the existing driveway, which includes the four and one -half feet (4 5') concrete sidewalk and a six inch (6 ") curb, two (2) twenty foot (20') trees, grass and existing landscaping, which is three feet (3') high and five feet (5') deep 7 The design includes egress access for both the East and West sections. 8 Each section will be surrounded with a three feet (3') high decorative metal and canvas railing 9 There will be one mobile server station in each section to expedite service to the patrons. Section 3 This special use is limited and restricted to the property presently occupied by Tuscany Restaurant, located at 1415 -1515 West 22nd Street, Oak Brook, Illinois, which property is legally described as follows LOT 1 OF KALLENS TOWERS SUBDIVISION, BEING A SUBDIVISION OF PART OF LOT 6 IN OAK BROOK INVESTMENT COMPANY ASSESSMENT PLAT NO 4 OF PART OF THE NORTHWEST' /4 OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID KALLENS TOWERS SUBDIVISION RECORDED JULY 11, 1973 AS DOCUMENT R73- 42261 AND AMENDED BY DOCUMENT R77- 11482, IN DUPAGE COUNTY, ILLINOIS. EASEMENTS APPURTENANT FOR INGRESS AND EGRESS AS CONTAINED IN RECIPROCAL EASEMENT GRANT- 1972" RECORDED AUGUST 30, 1972, AS DOCUMENT R72- 52352, AS AMENDED BY SUPPLEMENTARY EASEMENT AGREEMENT RECORDED AUGUST 6, 2000 AS DOCUMENT R2000- 121579. Section 4 This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law Section 5 All ordinances or parts thereof in conflict with the provisions of this ordinance be and the same are hereby repealed to the extent of such conflict APPROVED THIS 11th day of May, 2004. Village resident PASSED THIS 11th day of May, 2004 Ayes. Trustees Aktipis, Caleel, Craig, Korin and Zannis Nays: None Absent' Trustee Yusuf f , OF s1 t7 r Qe S/1 %1 Z-Cr Ordinance 2004- ZO -SU -S -1070 Special Use, Outdoor Dining, Tuscany Restaurant 1415 -1515 W 22nd , Oak Brook 06 -26- 100 -009) Page 3 of 3 STATE OF ILLINOIS ) SS. COUNTIES OF COOK AND DUPAGE ) I, Linda K. Gonnella, do hereby certify that I am the duly elected and acting Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois. I DO FURTHER CERTIFY that on May 11, 2004 , the corporate authorities of the above municipality passed and approved Ordinance 2004- ZO -SU -S -1070 , AN ORDINANCE GRANTING A SPECIAL USE TO TUSCANY RESTAURANT FOR AN OUTDOOR DINING AREA ADJACENT TO A RESTAURANT 1415 -1515 West 22nd Street, Oak Brook -- P.I.N. #06 -26- 100 -009) I DO FURTHER CERTIFY that the original documents, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same. I DO FURTHER CERTIFY that I am the keeper of the records, journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties, Illinois. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Village of Oak Brook this 17 thday of May , 2004 Linda K. Gonnella, CMC Village Clerk Village of Oak Brook DuPage and Cook Counties, IL EXHIBIT B.1 EXHIBIT B