S-1264-Labriola0
' RECEIVED JUL 24 2009
OTHER 06-28-1ua—OZO
005 PAGES R2009-100804
(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 2009-ZO-SU-EX1-S-1264 AN ORDINANCE GRANTING
SPECIAL USE FOR AN OUTDOOR DINING AREA ADJACENT TO A RESTAURANT FOR THE
PROPERTY LOCATED AT 3021 BUTTERFIELD ROAD IN THE VILLAGE OF OAK BROOK
Property Address/es 3021 BUTTERFIELD ROAD, SUITE 106
(If vacant land, state vacant land and list nearest cross streets, Oak Brook, IL 60523.)
OAK BROOK, IL 60523
Pin Number/s 06-28-103-020
Name & Address of Applicant: RICHARD LABRIOLA
Name & Address of Responsible RICHARD LABRIOLA/LABRIOLA CAFE
Party to Receive Copy of 5324 W. 123 PLACE
Recorded Document and Billing: ALSIP, IL 60803
G/L Account # to be Charged: 10-1365
Prepared By: Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
Name & Address of Recipient
of Consideration (when applic
G/L Account # to be Charged:
Return To: Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
ORDINANCE 2009-ZO-SU-EXI-S-1264
AN ORDINANCE GRANTING SPECIAL USE FOR AN
OUTDOOR DINING AREA ADJACENT TO A RESTAURANT
FOR THE PROPERTY LOCATED AT 3029 BUTTERFIELD ROAD
IN THE VILLAGE OF OAK BROOK
(PIN: 06-28-103-020)
WHEREAS, an application has been filed by Richard Labriola (the "Petitioner") requesting a
special use to allow an outdoor dining area for the property at 3021 Butterfield Road, Oak Brook, Illinois
("Property") adjacent to the Labriola Caf6 restaurant; and
WHEREAS, at its public meeting on April 20, 2009 the Plan Commission reviewed the requested
special use and by a vote of 6-0 recommended approval of the proposed special use subject to certain
conditions; and
WHEREAS, on May 5, 2009 the Zoning Board of Appeals conducted a public hearing on the
requested special use pursuant to due and appropriate legal notice and by a vote of 5-0, the Zoning
Board of Appeals recommended approval of the special use to allow an outdoor dining area subject to
certain conditions described herein; and
WHEREAS, the Zoning Board of Appeals found that the Petitioner satisfactorily addressed the
factors required for approval of the requested special use and made specific findings, including that the
special use would be operated so that the public health, safety and welfare will be protected, and that
there will be no substantial injury to other property in the neighborhood; and
WHEREAS, the Village President and Board of Trustees have reviewed the recommendations of
the Plan Commission and the Zoning Board of Appeals and deem the special use, as set forth below, to
be in the best interests 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 foregoing preambles are restated and incorporated herein by reference as though
fully set forth herein.
Section 2: The Petitioner is hereby granted the following special uses for the development of the
Property subject to the conditions specified herein:
A. A special use to allow an outdoor dining area subject to the following conditions:
The outdoor dining area is to be constructed in substantial conformance with the
plans as shown on pages E and F of the case file.
2. The perimeter plantertbarriers will be permanent and constructed in accordance
with the plans submitted.
3. The restaurant will be responsible for maintaining and cleaning the outdoor areas
and shall comply with all applicable requirements of the DuPage County Health
Department.
4. The outdoor dining areas will be operated in accordance with the following rules
of operation:
Ordinance 2009-ZO-SU-EXI-S-1264
Special Use Outdoor Dining — 3021 Butterfield Road
(PIN 06- 28-103-020)
Page 2 of 3
a. A maximum of 28 seats may be provided in the outdoor dining areas
and located adjacent to the building in the front area on both sides of the
front entrance.
b. The emergency egress gate, if any, located on the northeast side of the
front door shall open out only. if a gate is not installed, then an opening
will be provided in the fence to allow patrons access out of the dining
area. The northwest side of the outdoor dining area will have an opening
in the fence for easy access into and out of the dining area,
c, A minimum four foot wide sidewalk adjacent to the outdoor dining areas
will be maintained at all times,
5. Comply with all other applicable rules and ordinances of the Village of Oak Brook.
6. The Petitioner shall meet all Village Code requirements at the time of building permit
application except as specifically varied or waived by this ordinance.
Section 3: The special uses and the scope of this ordinance are limited to the Property, which is
legally described on Exhibit A attached hereto and incorporated herein by reference.
Section 4: If any section, paragraph, clause or provision of this ordinance shall be held invalid,
the invalidity thereof shall not affect any of the other provisions of this ordinance.
Section 5: All ordinances or parts thereof in conflict with the provisions of this ordinance are
hereby repealed to the extent of such conflict.
Section 6: This ordinance shall be in full force and effect from and after its passage, approval
and publication as required by law.
APPROVED THIS 26"' day of May, 2069,
PASSED THIS 26`" day of May, 2009,
Ayes: Trustees Akti is Carson Moy, Wolin and Zannis
Nays: None
Absent: Trustee Sai ed
N
RO [
ATTEST:
Charlotte K. Pruss
Village Clerk
Ordinance 2009-ZO-SU-EX1-8-1264
Special Use Outdoor Dining — 3021 Butterfield Road
(PIN 06- 28-103-020)
Page 3 of 3
M 21141W-11
LOT I IN NAI HIFFMAN BUTTERFIELD ROAD SUBDIVISION, BEING A SUBDIVISION
OF PART OF THE NORTHEAST QUARTER, SECTION 28, TOWNSHIP 39 NORTH,
RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED JULY 14, 2006 AS DOCUMENT R2006-134912. IN DUPAGE
COUNTY, ILLINOIS.