Neighbors Threaten To Sue In Elmhurst Restaurant Matter: Lawyer

Elmhurst IL

26 July, 2021

8:48 AM

Description

ELMHURST, IL — Residents opposed to an Elmhurst restaurant's parking lot proposal are planning to sue if the City Council approves it, their lawyer said recently. In a July 7 letter to the mayor and City Council, attorney Mark Daniel said aldermen may have heard that certain neighbors of Roberto's Ristorante, 483 Spring Road, will file a lawsuit if the council votes for the two parking lots. "I confirm that these statements have been made," Daniel said in the letter. "However, the idea that the Applicant might shortcut the hearing process as it is attempting and let the chips fall where they may in the Circuit Court is repugnant to due process and to your valued service as elected officials." Daniel accuses the city Zoning and Planning Commission of approving Roberto's last-minute "Plan B" for parking lots, a proposal that he said slipped in a 3,500-square-foot building expansion. The residents say the restaurant's ultimate plan is for a banquet hall, which Roberto's, through attorney Scott Day, has repeatedly denied. Day said the addition is to expand the "antiquated" kitchen and combine two of the restaurant's three dining rooms to more effectively hold larger events. Daniel said residents had no opportunity to provide input on Plan B. "Your residents are angry that what they predicted (a large expansion of banquet operations with no resulting direct or secondary benefit to the neighborhood arising from the private parking spaces) is now before the City Council on a feigned set of conditions 'forced' on this applicant," he said. In a July 12 letter, Day said the commission acted within its authority. He also said the 3,500-square-foot expansion is already allowed under existing zoning regulations. The neighbors say Roberto's proposed parking lots would add to traffic, noise and flooding. They also point to the back of the restaurant, which they contended contained numerous code violations. The restaurant argued the additional parking would mean more parking availability in the Spring Road commercial district.