Loading...
2000-036� G ORDINANCE NO. 2000- 36 GRANTING A VARIANCE FROM SECTION 17.44.060.E.6 OF THE BUFFALO GROVE ZONING ORDINANCE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Owner, BNB Land Ventures, Ltd., and Sarfatty Associates, LTP, on behalf of Burger King at Town Center, have requested a variation from the Buffalo Grove Zoning Ordinance, Section 17.44.060.E.6, for the hereafter legally described real property, commonly known as 80 McHenry Road, Town Center, Buffalo Grove, Illinois, for the purpose of installing an additional wall sign on the south elevation facing Lake Cook Road; and, WHEREAS, the Zoning Board of Appeals has held a public hearing, received testi- mony, prepared minutes, made certain findings, and has made an affirmative recommendation on said request for variation; and WHEREAS, the Corporate Authorities of the Village of Buffalo Grove hereby determine and find that said variation is in harmony with the general purpose and intent of the Sign Ordinance, and that (1) the ordinance in question would cause undue and unnecessary hardship to the sign user because of unique or unusual conditions pertaining to the property, (2) the granting of the requested variance will not be materially detrimental to the property owners in the vicinity, (3) the unusual conditions applying to the specific property do not apply generally to other properties in the Village, and (4) the granting of the variance will not be contrary to the general objective of this title of moderating the size, number and obtrusive placement of signs and the reduction of clutter. fa S� NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. The preceding WHEREAS clauses are hereby adopted by the Corporate Authorities. Section 2. A variation is hereby granted to Section 17.44.060.E.6 of the Village Zoning Ordinance to the following legally described real property: See Exhibit "A" attached hereto. The specific variation will allow the petitioner to install an additional wall sign on the south elevation as shown on the exhibits submitted. The sign shall match the other wall signs on the building Section 3. This ordinance shall be in effect from and after its passage and approval. This ordinance shall not be codified. AYES: 4 - Marienthal, Braiman, Hendricks, Glover NAYES: 0 - None ABSENT: 1 - Berman PASSED: July 10, 2000 APPROVED: July 10, 2000 ATTEST: 00'a illage Clerk APP YED: Village President ZONING BOARD OF APPEALS VILLAGE OF BUFFALO GROVE, ILLINOIS FINDINGS OF FACT ON VARIATION OF SIGN CODE THE BUFFALO GROVE ZONING BOARD OF APPEALS HEREBY MAKES THE FOLLOWING FINDINGS OF FACT AND CONCLUSIONS: I. THE SUBJECT PROPERTY: A. Applicant: Sarfatty Associates, Ind. on behalf of Burger King at Town Center B. Location: 80 McHenry Road C. Zoning District: B -5 D. Type of Sign: Wall sign on the south elevation E. Characteristics of Sign: Burger King - White channel letters Size - 1512 " x 216" Bun Logo - 216" x 216" Total boxed square footage -43.3 sq.ft. Lot Characteristics: Lot is located at the south east corner of Town Center, north of the existing Shell station. II. CHACTERISTICS OF THE SURROUNDING AREA: South —Shell Station North - Town Center East - The Grove Shopping Center West - Town Center III. SIMILAR VARIATIONS: Yes, IV. VARIATION SOUGHT: Zoning Ordinance, Section 17.44.060.E.6. pertaining to Town Center Signs V. EXHIBITS DEPICTING VARIATION: A. Site Plan - Exhibit "A" B. Diagram of Sign - Exhibit "E" C. Six {6} photographs of building VI. TRAFFIC STUDY - N/A Village Engineer's Report VII. VARIATION POWER AND CRITERIA: Sign Code, Section 14.44.010 Sub - section A VIII. PUBLIC HEARINGS: After due notice as required by law, a copy of said publication notice being attached hereto as Exhibit "C" the Zoning Board of Appeals held a Public Hearing regarding the proposed variance on Tuesday, June 20, 2000 at the Village Hall, 50 Raupp Blvd. The applicant's representative, Mr. Joel Lome, Project Manger for Sarfatty Associates, Inc. testified at the hearing and presented documentary evidence. No objectors appeared at the hearing. No written objections were received. Attached hereto Exhibit "J" are Board of Appeals June 20, 2000 IX. FINDINGS: and made a part hereof as the minutes of the Zoning Meeting held on Tuesday, The Zoning Board of Appeals finds that the criteria as set forth in Section 14.44.010, Subsection A, of the Sign Code have been met in that the Petitioner has shown: A.1. That not allowing the variance will cause undue and unnecessary hardship due to the following unique conditions: a. When the building was approved, the Burger King icons( mansard roof with red illuminated band around the top) was not permitted, so people do not recognize it. b. The building is obscured by the Shell station and heavy landscaping between the site and the Shell station. c. There is no space on the street furniture for identification. 2. That granting the requested variance would not be detrimental to the property owners in the vicinity. 3. That the unusual conditions applying to the specific property do not apply generally to other properties in the Village, and 4. That granting of the variance will not be contrary to the general objective of this Title of moderating the size, number and obtrusive placement of signs and the reduction of clutter. X. CONDITIONS: The variance shall be subject to the following conditions: 1. Sign is to match the other wall signs and be as presented per the exhibits submitted with the application. XI. CONCLUSION: The Zoning Board of Appeals, by a vote of 5 to 1, recommends to the Village Board, that the request of Sarfatty Associates, Ltd. on behalf of Burger King at 80 N. Buffalo Grove Road, for variance of, Zoning Ordinance, Section 17.44.010.E.6. pertaining to Town Center signs, for the purpose of installing a wall sign on the south elevation facing. VILLAGE OF BUFFALO GROVE, IL Bruce Entman, Chairman Zoning Board of Appeals sb gini JSIM BURGER STORY BULOW PROPERTY IK SITE PLAN SPt SCALE : 1" - 50' -0' NORM .� BOM AREA: 43.7 S% 1 Jt WALL AREA: 602 ww so — o � s • IRAQ i / 17-- —� Z SOUTH ELEVATION SPl SCALE E14gm DETEM PoRB 1n'-4• RACfYNY Loco PROW Etfl41m WrkR PROW 3 RACEWAY LETTER SIGN SP1 SCALE : 1/4' =1' -0" ZO" BOARD OFAPPEALS EXHIBIT __E____ 8 sr� Lh N COLORS Channel building letters are offered with raceway for roof mount and without raceway for wall mount. Wall mount letters stand off wall and have halo illumination as well as typical face illumination. *Symbol: Standard Logo colors on white background. BK Silver trimcap and return. *Letters: BK red faces, trimcap and housing (letter body). *Raceway: Matte aluminum. MATERIALS *Symbol: Fate is clear poiycarbonate, dish formed with vinyl graphics applied second surface. Aluminum "F" mold trimcap and return painted matte aluminum. White neon illuminated. -Letters: Faces are clear polycarbonate with 3m VT 5584 red vinyl applied first surface. 11 red ]ewelite trimcap.. PMS 485c red pre - finished aluminum returns. Clear red neon illuminated. *Wall mount letters: When not used on raceway, this letterset and symbol have clear backs and are mounted on standoffs for halo illumination as well as face illumination. - Raceway: Fabricated, painted aluminum. NEON ILLUMINATED ROOF OR WALL MOUNT TOTAL BOXED SOUARE FOOTAGE: CBL 19& 433 sq. ft. CBL It 413 sq. ft. ZONING BOARD OF APPEALS EXHIBIT I ZONING BOARD OF APPEALS ZONING BOARD -,F APPEALS maw; 71 4 ZONING BOARD APPEALS ar- fam -Bi* 7-77' lot.& I ti-1 � 41 lop- A -------------- 17 Iry 1.4 ILI z ZONING BOARD OF APPEALS EXI isUl 1 C TO: ZONING BOARD OF APPEALS COMMISSIONERS FROM: EDWARD SCHAR Building Commissioner DATE: June 2, 2000 DATE OF PUBLIC HEARING: Tuesday, June 20, 2000 7:30 P.M. — Council Chambers Village Hall, 50 Raupp Boulevard RE: 80 Mc Henry Road, Burger King at Town Center Zoning Ordinance, Section 17.44.060.E.6. ditional wall sign on the outh elevation facing Lake Cook Road Attached please find the documents and exhibits that have be submitted for the following variance: Request is being made by Sarfatty Associates, Ltd, on behalf of Burger King at 80 McHenry Road, for variance of Zoning Ordinance, Section 17.44.060.E.6. pertaining to Town Center Signs, for the purpose of installing an additional wall sign on the south elevation facing Lake Cook Road. Notice of this public hearing was published in the Daily Herald on Wednesday, May 31, 2000. If you have any questions regarding this matter do not hesitate to contact me at 459 -2530. ES /sb attachments Edward Schar - .•• •a cw Ls r +r 1'Cii� may,/ W Com. Lesser seconded the motion. Roll Call Vote: AYE — Horwitz, Krakauer, Teplinsky, Windecker, Lesser and Entman NAY —None ZONING BOARD OF APPEALS Motion Passed — 6 to 0. Findings of Fact Attached. Item will be on the July 10, 2000 Village Board Agenda. Permit may be issued fe ISO �16fT. L 80 McHenry Road (Town Center) - Burger King, v Zoning Ordinance SgWon 1444 060 6 Additional wall sign on the south elevation Mr. Joel Lome, Project Manager, Sarfetty Associates, Ltd., 3201 Old Glenview Road, Suite #301, Wilmette, IL 60091847- 920 -1100, ext 29 was sworn in. Notice of the public hearing was published in the Daily Herald on May 31, 2000. Mr. Lome was authorized to make the presentation for the owner. He requested a variance that would permit installation of Burger King sign on the south elevation of the building. A financial hardship exists because there is no sign to attract business from Lake Cook Road, from either the east or waL Currently there is no identification on the rear elevation. When the building was approved the Burger King icons (Le. mansard roof with red illuminated band around the top) were not Permitted. The exterior colors were changed Burger King is not represented on the street furniture signs on Lake Cook Road and Ronne 83. The building is not recognizable to northbound traffic on Route 83 until cars am parallel to the building because of the large amount of foliage between the site and the Shell Station. Some photographs were submitted that were taken from a car traveling past the intersection. Com. Windecker observed that the pictures are unique because going east on Lake Cook Road, the building is not seen past the second car making a left turn. Traffic going west or Lake Cook Road and north Route 83 would not see the sign. One photograph was taken from the ground in front of the building. Mr. Lome said the owner initially thought that there would some identification from the development, but no space is available on the street furniture. Three of the four directions have a difficult view of the building, but some aspects of the elevation and the sign would be visible from Lake Cook Road. The proposed sign would match the other wall signs on the east and west elevations with the Burger King logo. Com. Krakauer said the building is not recognizable and the sign will help with identification. Ch. Entman said even though the gas station blocks the building, the south elevation is blank and will look better with the sign. Com. Lesser made the following motion: I move we recommend to the Village Board of Trustees, that the request of Sarfatty Associates, Ltd, on behalf of Burger King at 80 McHeny Road, be granted a variance ofZoning Ordinance, Section 17.44.060.E.6 pertaining to Town Center Signs, for the purpose of installing an additional wall sign on the south elevation facing Lake Cook Road. Signs shall be consistent with specifications submitted to and approved by the Village. Unique circumstances having been demonstrated, the sign will not be detrimental to the public health, safety and welfare and will not alter the essential character of the neighborhood Sign is recommended pursuant to Sign Code, 14.44.010, Sub - section A ZONING BOARD OF APPEALS JUNE 20, 2000 — PAGE TEN Com. Teplinsky seconded the motion. Roll Call Vote: AYE — Horwitz, Krakauer, Teplinsky, Lesser and Entman NAY — Windecker Motion Passed 5 to 1. Findings of Fad Attached Item will be on the July 10, 2000 Village Board Agenda Permit may be issued the following day. 431 Cedar Court South, Daniel and Sara Krakauer Zoning Ordinance, Section 17.40.020 — Construction of addition that would encroach 7 feet into the required • ' front X and setback Because she is a petitioner, Com. Krakauer recused herself from the discussion. Daniel Krakauer was sworn in. Notice of the public hearing was published in the Daily Herald on May 3l, 2000. Mr. Krakauer requested a variance of seven (7) feet that would permit the garage to be moved forward ten (10) feet. This will permit a mud room to be located between the garage and family room, giving their children a place to deposit their belongings before entering the house. This will also increase storage space inside the garage. The loft area will also be increased. Their architect designed a similar addition for a house near by and it looks nice. The materials will match the existing structure. A new roof will be put on the entire house including the addition The existing garage has a double doors with two (2) dormers and the addition will have a single door with one (1) dormer They have informed all their neighbors and there were no objections. The Village Engineer submitted no comments and the Commissioners had no comments or objections Com. Teplinsky made the following motion: I move we grant the request being made by Daniel and Sara Krakauer, 431 Cedar Court South, for variance of Zoning Ordinance, Section 17.40.020, pertaining to Area, Height, Bulk and Placement Regulations, for the purpose of constructing an addition that would encroach a distance of seven (7) feet into the required forty (40) foot front yard setback. Materials for the addition are to match the existing construction in bike kind and quality including a new roof. Addition to be constructed pursuant to plans submitted to and approved by the Village. Petitioners having demonstrated hardship and unique circumstances, the variance will not be detrimental to the public health, safety and welfare, and will not alter the essential character of the neighborhood. Com. Windecker seconded the motion. Roll Call Vote: AYE — Horwitz, Teplinsky, Windecker, Lesser and Entman NAY — None Motion Passed — 5 to 0. Findings of Fact Attached Permit may be issued in fifteen (15) days— July 6, 2000. Mr. Schar submitted a letter regarding papa John's Pizza, Shops at Aptakisic Creek, on Weiland Road stays open one hour later than are specified in the sign criteria. They would like to extend the hours for the sign to be illuminated until 12:30 A.M.on weekdays and 1:30 A.M. on weekends. ZONING BOARD OF APPEALS JUNE 20, 2000 — PAGE ELEVEN R ORDINANCE NO. 2000- 36 GRANTING A VARIANCE FROM SECTION 17.44.060.E.6 OF THE BUFFALO GROVE ZONING ORDINANCE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Owner, BNB Land Ventures, Ltd., and Sarfatty Associates, LTP, on behalf of Burger King at Town Center, have requested a variation from the Buffalo Grove Zoning Ordinance, Section 17.44.060.E.6, for the hereafter legally described real property, commonly known as 80 McHenry Road, Town Center, Buffalo Grove, Illinois, for the purpose of installing an additional wall sign on the south elevation facing Lake Cook Road; and, WHEREAS, the Zoning Board of Appeals has held a public hearing, received testi- mony, prepared minutes, made certain findings, and has made an affirmative recommendation on said request for variation; and WHEREAS, the Corporate Authorities of the Village of Buffalo Grove hereby determine and find that said variation is in harmony with the general purpose and intent of the Sign Ordinance, and that (1) the ordinance in question would cause undue and unnecessary hardship to the sign user because of unique or unusual conditions pertaining to the property, (2) the granting of the requested variance will not be materially detrimental to the property owners in the vicinity, (3) the unusual conditions applying to the specific property do not apply generally to other properties in the Village, and (4) the granting of the variance will not be contrary to the general objective of this title of moderating the size, number and obtrusive placement of signs and the reduction of clutter. C NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. The preceding WHEREAS clauses are hereby adopted by the Corporate Authorities. Section 2. A variation is hereby granted to Section 17.44.060.E.6 of the Village Zoning Ordinance to the following legally described real property: See Exhibit "A" attached hereto. The specific variation will allow the petitioner to install an additional wall sign on the south elevation as shown on the exhibits submitted. The sign shall match the other wall signs ' on the building. Section 3. This ordinance shall be in effect from and after its passage and approval. This ordinance shall not be codified. AYES: 4 - Marienthal, Braiman, Hendricks, Glover NAYES: 0 - None ABSENT: 1 - Berman PASSED: July 10, 2000 APPROVED: July 10, 2000 APPIj,(,V� �� Village President ATTES. illage Clerk