Elmhurst Tips Scales For Restaurant: Group

ELMHURST, IL — A lawyer for residents near Roberto's Ristorante contends the city is giving the restaurant the advantage in the dispute over its request for two parking lots.

Meanwhile, an attorney for Roberto's says he has not seen such a "protracted" zoning battle in his decades of experience in Elmhurst.

Last week, both lawyers made their case in letters to the City Council's Development, Planning and Zoning Committee, which plans to meet again Monday to consider the restaurant's proposal.

In his letter, Mark Daniel, attorney for Elmhurst Neighbors United, which opposes the parking lots, said the aldermen from Ward 5 worked to help Roberto's with its request even before it was formally presented to the city. The aldermen were Scott Levin, who has since become mayor, and Tina Park, the lawyer said.

"The neighbors believe that this project is being moved along with a lot of assistance from elected officials, staff and the City Attorney's Office," Daniel said. "All indications are that this has been the case for years when zoning and building code violations were not addressed as the City assisted Roberto's in not only remodeling the kitchen but operating with live entertainment — an element of use that requires a conditional use permit that Roberto's admitted under oath that it never obtained."

Daniel continued, "This level of assistance exceeds that which is normal in a situation involving an expansion of a building and business that has been a long-complained of and obvious nuisance."

On Friday morning, Patch contacted both Park and Levin about Daniel's assertions. Park responded.

"I've read the letter and was surprised by Mr. Daniel's statements about me — unfounded and simply not true," Park said in an email. "I immediately emailed him, politely asking on what facts he was basing his accusations."

Day also weighed in on the allegations against the city.

"It is most unfortunate that this small group of objectors, and their attorney Mr. Daniel have elected to besmirch the integrity of so many participants in this conditional use hearing," Day said in an email to Patch on Friday. "For the past year, they have repeatedly challenged the competence, integrity and veracity of innumerable elected officials, professional City staff, the City consulting traffic engineers, the City attorneys, and seemingly anyone who disagrees with their opposition to this conditional use being granted."

For its part, Elmhurst Neighbors United gave a $5,000 donation in March to Ward 7 Alderman Mark Mulliner, who was running for mayor at the time. The donation became a campaign controversy, particularly because Mulliner sits on the Development, Planning and Zoning Committee. He returned the money days later.

In a zoning hearing earlier this year, Daniel called the back of Roberto's a "real disaster" with code issues such as a boarded-up window, a broken window, doors unable to shut, electric conduit problems, an extension cord running around a portion of the building. Daniel also pointed to an unscreened waste oil container, saying it smelled.

In its written responses, the restaurant has not directly addressed the allegations of code violations. At a recent meeting, though, officials confirmed the city followed up on the allegations and ensured they were corrected.

In his letter, Day noted the case has been pending for a year. He said the Moreci family, which owns the restaurant, met with neighbors last July to provide a detailed explanation of the request for parking lots. The family, Day said, waited two months for neighbors' input, but did not get any other than the neighbors' call for the city to reject the parking lots outright.

The Zoning and Planning Commission held four hearings on the proposal.

"In my 30-year history of processing public hearings in front of the city of Elmhurst Zoning and Planning Commission, this was the longest and most drawn-out public hearing any of my clients has every experienced," Day said.

He detailed what he called Daniel's "unsupported and false" assertions, saying they were found to be inaccurate by the city itself.

Residents contend Roberto's is planning a banquet hall along with the parking lots, which they said would add to traffic and noise problems in their neighborhood. The restaurant has continually denied this allegation. But Day did note in his letter that under zoning rules, the restaurant could expand its square footage by more than triple its current size.

"Stated another way, such an expanded restaurant is permitted of right, and no conditional use permit of any kind is required," Day said.

The Development, Planning and Zoning Committee takes up the Roberto's proposal again at 7 p.m. Monday at City Hall.