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2001-069o e ORDINANCE NO. 2001- 62 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 Petitioner, KMW Development, Inc., 848 Interlaken Lane, Libertyville, Illinois, developer of the hereinafter legally described real property, commonly known as 450 McHenry Road, Town Center, Buffalo Grove, Illinois, has requested a variation from Section 17.44.060.E.6 of the Buffalo Grove Zoning Ordinance for the purpose of installing one (1) ground sign along Route 83, one (1) additional ground sign (a menu board) and two (2) additional wall signs; and, WHEREAS, the Zoning Board of Appeals has held a public hearing, received testimony, 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 variations are 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 variances 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 variances 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. 0 0 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 variations will allow the petitioner to install (1) ground sign along Route 83, one (1) additional ground sign (a menu board) and two (2) additional wall signs on the west and south elevations subject to the following conditions: 1. The signs are to be constructed in accordance with the exhibits submitted with the application; 2. The ground sign along Route 83 will not be illuminated; 3. The menu board will not have the Culver's emblem on top; 4. The wall sign on the south elevation, "Sign Q ", will be reduced to 3' x 6 and, 5. The illuminated signs are to be illuminated only during business hours, that is 10:00 a.m. to 10:00 p.m. Section 3. This ordinance shall be in effect from and after its passage and approval. This ordinance shall not be codified. AYES: 6 - Marienthal, Braiman, Glover, Berman, Johnson, Kahn NAYES: 0 - None ABSENT: 0 - None PASSED: November 6 , 2001. -2- APPROVED: November 5 , 2001. ATTEST: Village Clerk APPROVED: Village President -3- 0 0 EXHIBIT "A" LOT 2 IN BELMONT VILLAGE - BUFFALO GROVE, BEING A SUBDIVISION OF PART OF THE WEST HALF OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 11, 2001 AS DOCUMENT 4723588, IN LAKE COUNTY, ILLINOIS. V6 i 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: Culver's Restaurant B. Location: 450 McHenry Road, Buffalo Grove, IL 60089 C. Type of Sign: 2 Ground Signs and 2 Wall Signs D. Characteristics of Sign (including size): Ground Sign — 7'10" x 9' — non - illuminated Ground Sign (Menu Board) — 92" x 86" - illuminated Wall Sign "Q" — 3' x 6' - illuminated Wall Sign "R" — 27" x 54" - illuminated E. Lot Characteristics: Free - standing building II. CHARACTERISTICS OF THE SURROUNDING AREA: North — Residential South - Town Center Shopping Center East - Residential West - Residential III. VARIATION SOUGHT: Zoning Ordinance, Section 17.44.060.E.6 — B -5 Town Center Planned Development, for the purpose of installing one (1) ground sign along Route 83, one (1) additional ground sign (menu board) and additional wall signs on the West and South elevations. IV. EXHIBITS DEPICTING VARIATION: A. Petitioner's letter: Exhibit "D" B. Diagram of Sign: Exhibit "E" C. Site Plans — Exhibit "A" V. VILLAGE ENGINEER'S REPORT Dated: N/A Conditions: N/A VI. VARIATION POWER & CRITERIA: Sign Code, Section 14.44.010, Sub- section A VII. PUBLIC HEARING: 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, October 16, 2001 at the Village Hall, 50 Raupp Blvd., Buffalo Grove, IL 60089 at 7:30P.M. The applicant, Mike Werchek, KMW Development, testified at the hearing and presented documentary evidence. The following objectors appeared at the hearing: Mr. Jason Jiang, 146 Toulon Drive, Buffalo Grove, IL 60089 Ms. Diane Garber, 723 Alsace Court, Buffalo Grove, IL 60089 Mr. Veniamin Tontsis, 126 Toulon Drive, Buffalo Grove, IL 60089 Mr. Xiang Dai, 511 Crown Point Drive, Buffalo Grove, IL 60089 The following sent written objection prior to the hearing: None Attached hereto and made a part hereof as Exhibit "J" are the minutes of the Zoning Board of Appeals meeting held on Tuesday, October 16, 2001. VIII. FINDINGS: 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: 1. That not allowing the variance will cause undue and unnecessary hardship due to the following unique circumstances: A. Business will not have adequate signage B. Drive -thru would not be possible without a menu board 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. - 4. That granting of the variance will not be contrary to the general objectives of this Title of moderating the size, number and obtrusive placement of signs and the reduction of clutter. IX. CONDITIONS: The variance shall be subject to the following conditions: 1. Signs are to be as presented per the exhibits submitted with the application. 2. The ground sign along Route 83 will not be illuminated 3. The menu board will exclude the Culver's emblem on top 4. The wall sign on the South elevation "Sign Q" will be reduced to 3' x 6' 5. The illuminated signs may be illuminated during hours of operation 10:00 A.M. to 10:00 P.M. X. CONCLUSION: The Zoning Board of Appeals, by a vote of 6 to 0; 1 abstention, recommends to the Village Board, that the request of KMW Development, 848 Interlaken Lane, Libertyville, IL 60048, for Culver's Restaurant, 450 McHenry Road, for variance of Zoning Ordinance, Section 17.44.060.E.6, for the purpose of installing one (1) ground sign along Route 83, one (1) additional ground sign (menu board) and additional wall signs on the West and South elevations. VILLAGE OF BUFFALO GROVE, IL Bruce Entman, Chairman Zoning Board of Appeals r� OUTLOT C MIRIELLE I HOMEOWNER'S ASSOCIATION, SIGN CODE, SECTION 14.20.010 - RESIDENTIAL DISTRICTS GROUND SIGN IN THE COMMON AREA OF THE MIRIELLE I SUBDIVISION ON OUTLOT C This application was withdrawn at this time. 450 MCHENRY ROAD CULVER'S RESTAURANT, ZONING ORDINANCE, SECTION 17.44.060.E.6 - B -5 TOWN CENTER PLANNED DISTRICT, TWO GROUND SIGNS AND ADDITIONAL WALL SIGNS ON THE WEST AND SOUTH ELEVATIONS Mr. Mike Werchek, KMW Development, Inc., 848 Interlaken Lane, Libertyville, IL 60048 (847) 367 -6160, was present and sworn in. Ch. Entman read the public hearing notice published in the Daily Herald on Saturday, September 29, 2001. Mr. Werchek explained the reasons for requesting the variance. They are proposing a ground sign along Route 83 to identify the main entrance and a menu board ground sign located at the back of the building. The main entrance to the building is located away from Route 83 and the ground sign would direct customers into the parking lot. The wall signs are to be located on the eve above the door and the window. No variance is needed for the directional signs. Ch. Entman clarified that the directional signs are not part of the variance request. He asked Edward Schar, Building Commissioner what the height limitation is on directional signs. Mr. Schar advised four (4) feet. The size of the menu board was addressed. Several Commissioners discussed if the menu board was taller with the Culver's emblem on top. After discussion, it was decided that the Culver's emblem is to be removed from the menu board. The wall signs were discussed pertaining to the hours of operation (10:00 A.M. to 10:00 P.M.) and the direction that they would be facing. The ground sign was described as being non - illuminated. The menu board is internally illuminated and would be on during the hours of operation. The height and location of the ground sign along Route 83 was discussed. The eight (8) foot height was some concern, however, the landscaping along Route 83 makes an eight (8) foot high ground sign necessary. Ch. Entman asked if there were any questions or concerns from members of the audience. Mr. Jason Jiang, 146 Toulon Drive, Buffalo Grove, IL 60089 was present. ZONING BOARD OF APPEALS OCTOBER 16, 2001 am PAGE FOUR jgg COPY r� Ms. Diane Garber, 723 Alsace Court, Buffalo Grove, IL 60089 was present. Mr. Veniamin Tontsis, 126 Toulon Drive, Buffalo Grove, IL 60089 was present. Mr. Xing Dai, 511 Crown Point Drive, Buffalo Grove, IL 60089 was present. The residents advised the Commissioners that they are not supportive of the Culver's project and the signs. Com. Sandler suggested to reduce the size of Sign "Q" (4'x8') to the size of Sign "P" (3'x6'). Mr. Werchek agreed. More discussion took place regarding Cherburg Homeowner's and the proposed signs facing the subdivision. Ch. Entman inquired about the color of the back of the menu board. It will be white. Com. Krakauer inquired as to when Culver's was planning on opening. November 2001 Com. Krakauer made the following motion: I move we recommend that the Village Board of Trustees grant the request of KMW Development, 848 Interlaken Lane, Libertyville, IL 60048, for Culver's Restaurant, 450 McHenry Road, for variance to Zoning Ordinance, Section 17.44.060.E.6, pertaining to the B -5 Town Center Planned District, for the purpose of installing one (1) ground sign along Route 83, one (1) additional ground sign (menu board) and additional wall signs on the West and South elevations. The ground sign along Route 83 will not be illuminated. The menu board ground sign will exclude the Culver's emblem on top. The wall sign on the South elevation (Sign "Q ") to be reduced to three feet by six feet (3'x6'). The illuminated signs may be illuminated during operating hours of 10:00 A.M. to 10:00 P.M. Signs to be installed pursuant to the Exhibits submitted to and approved by the Village. Sign is recommended pursuant to Sign Code, Section 14.44.010, Sub - section A and B. Com. Sandler seconded the motion. Roll Call Vote: AYE - Krakauer, Teplinsky, Sandler, Windecker, Lesser, Entman NAY - None ABSTAIN - Horwitz ZONING BOARD OF APPEALS EF OCTOBER 16, 2001 g �� a PAGE FIVE r Motion Passed: 6 to 0; 1 Abstention. Findings of Fact attached. Item will be on the November 5, 2001 Village Board Agenda. Permit may be issued on November 6, 2001 if approved. ANNOUNCEMENTS Edward Schar announced that Shirley Bates, Recording Secretary is retiring effective October 26, 2001. ADJOURNMENT Com. Sandler made a motion to adjourn the meeting. Com. Windecker seconded the motion. Voice Vote - AYE Unanimous Ch. Entman adjourned the meeting at 8:50 P.M. Respectfully submitted, Julie Kamka Recording Secretary APPROVED BY: BRUCE ENTMAN, Chairman �a� v ;b ZONING BOARD OF APPEALS OCTOBER 16, 2001 PAGE SIX ZONING BOARD OF APPEALS EXHIBIT � Sign B1 Large Outdoor Menu Board 100 W. Robb Rd —(� N. Industrial Park RICHLAND CENTER, WI. 53581 6081647.2628 Fax 6081647.2020 I-800-WI-SIGNS It is un- lawful to use this drawing without the written permission of Jim Greeley Signs and Awnings, Inc. Scale 1/2"=1 (01 -19 -2000) No Scale on Photograph 46.58 Square Feet 86" a Sign B1 Large Outdoor Menu Board 100 W. Robb Rd —(� N. Industrial Park RICHLAND CENTER, WI. 53581 6081647.2628 Fax 6081647.2020 I-800-WI-SIGNS It is un- lawful to use this drawing without the written permission of Jim Greeley Signs and Awnings, Inc. Scale 1/2"=1 (01 -19 -2000) No Scale on Photograph 46.58 Square Feet 86" /ENTER EXIT ONLY Aluminum posts painted white (Don't rust!) These signs are 2.85 Square Feet ° ¢ ii Draw .49 Am . 110 VAC. 0 0 Q 0 0 0 0 16- Conduit Enter /Exits, Drive -Thrus shows suggested copy and typical shape. Other Copy can be Varies in Applied. leight Due pp ro Local Scale 3/4 " =1' )rdinances) Typical- Concrete Mounting 261 E. COURT ST. t RICHL1W0 CENTER, WI. 608/647.2628 Fax 608/647 -2020 1. 800 -WI -SIGNS It is un- lawful to use this drawing without the written peripission of Jim Greeley Signs and Awnings, Inc. U) Y-0 /ENTER, We ( �:. EXIT `ONLY Aluminum posts painted white (Don't rustl) These signs are 2.85 Square Feet Draw .49 Amp. 110 VAC. ILW,-RIVE` THRU 16- O o 4 o ' Conduit o Q Typical- Concrete Mounting i8tt Varies in ieight Due o Local )rdinances) o Conduit and work to install ° is to be supplied by Electrician o ° Jim Greeley Signs and Awnin, ° will not be responsible for extr costs due to conduits. Sign Types 1111 Enter /Exits, Drive -Thrus shows suggested copy and typical shape. Other Copy can be Applied. Scale 3/4 " =1' i 261 E. COURT 5T. RICNLAND CENTER, WI. 608/647.2628 Fax 6081647.2020 1.800 -WI -SIGNS It is un- lawful to use this drawing without the written permission of Jim Greeley Signs and Awnings, Inc 0 o v r 0 CV ,51J< ec /Z) r 91 -01t 81 -511 81 -211 81 -011 II THIS DRAWING IS THE PROPERTY OF: t Pedestal Sandblasted 100 W. ROBE RD N. INDUSTRIAL PARK CULVE=R'S RICHLAND CENTER. WI, 53581 Buffalo Grove, IL 608!64'7 -2628 Fax 608,1647 -2020 1. 800 -WI -SIGNS W IT IS UN- LAWFUL TO USE THIS DRAWING WITHOUT THE WRITTEN I o 8-1 5-01 v 3/$„ = 1 JBG PERMISSION OFJIM GRFM FV cire sun ewe — .,.. y �r ma l'a 5, 9,, r� Poured Concrete Pedestal LL Pedestal Sandblasted z O LL 2 100 W. Robb Rd N. Industrial Park RICHLAND CENTER, WI. 53581 608/647 -2628 Fax 608/647 -2020 14800- WISIGNS It is un- lawful to use this drawing without the written permission of Jim Greeley Signs and Awnings, Inc. fie._ _, m;� llllaill�111`ulit iluti' #MIR - Sign T" (31 X 61) Sign IIQII (41 X 81) 3 Amp 110 VAC -( 4 Amp 110 VAC -()ver mix,,, Er:fryvvay, Sign R„ 3 Amp 110 VAC e37 X 5 Mona i �- N M O M M M X I M O Z m ORDINANCE NO. 2001- _U 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 Petitioner, KMW Development, Inc., 848 Interlaken Lane, Libertyville, Illinois, developer of the hereinafter legally described real property, commonly known as 450 McHenry Road, Town Center, Buffalo Grove, Illinois, has requested a variation from Section 17.44.060.E.6 of the Buffalo Grove Zoning Ordinance for the purpose of installing one (1) ground sign along Route 83, one (1) additional ground sign (a menu board) and two (2) additional wall signs; and, WHEREAS, the Zoning Board of Appeals has held a public hearing, received testimony, 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 variations are 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 variances 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 variances 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. 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 variations will allow the petitioner to install (1) ground sign along Route 83, one (1) additional ground sign (a menu board) and two (2) additional wall signs on the west and south elevations subject to the following conditions: 1. The signs are to be constructed in accordance with the exhibits submitted with the application; 2. The ground sign along Route 83 will not be illuminated; 3. The menu board will not have the Culver's emblem on top; 4. The wall sign on the south elevation, "Sign Q ", will be reduced to 3' x 6 and, 5. The illuminated signs are to be illuminated only during business hours, that is 10:00 a.m. to 10:00 p.m. Section 3. This ordinance shall be in effect from and after its passage and approval. This ordinance shall not be codified. AYES: 6 - Marienthal, Braiman, Glover, Berman, Johnson, Kahn NAPES: 0 - None ABSENT: 0 - None PASSED: November 6 2001. WX r APPROVED: November 5 ATTEST: Village Clerk 2001. APPROVED: Village President -3- v VW4-47° EXHIBIT "A" LOT 2 IN BELMONT VILLAGE - BUFFALO GROVE, BEING A SUBDIVISION OF PART OF THE WEST HALF OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 11, 2001 AS DOCUMENT 4723588, IN LAKE COUNTY, ILLINOIS. 0 i I I. I . . .... - - - - -. _... -.. I ' '- LL. L:.101LIALU cl II II I 1 ?m m -i „x 0M =o 00'SL -2I p 84.800' job cl OA° D ry // / / // °.. •� -ate ao, / / / . S3 SL of ti ti a. / �► / / r cj Zx /i Xz ti ._ / /i / / / / // / ��'• [3 /i / / // // , °•. � � X0.0 Y;, / it r �g�ii oC ,r/ / A I Cb 15V cl) s / ?s• / z� m/i x �• c - - = MM • i a z m m to u m // / --I ZZO _ Q \ \ \ Cm Z M 1rn� / %/ z ' / COT MIT \ \ Z \m /'' /c, / / n � / / �' O 171 �� /' /ay % / CO) co) / / M / z X// 0 Z Z /,' m —1 c / // s ai Z'/ / Z /i' T �' / CCU C tntnrn M 00m z c)00 m zzI ;U;U(;) C -mi -m-� rn mm n moor M Xzco 0 >rn Mq 0 M O rn0= CA O CA cchrn CI)m m GEOMETRICS PLAN X CULVER DATE BY DESCRIPTION 'S RESTAU RANT lI ;am (300 r 1( r-4 CA �Dm 1 1 �� C -q cn -q c N II 11 1 o rr CA C I m! 00 CA II W N m M 11 2 l wC < m l� II W // 11 !! 11 At 4SS,�1, 47,48 00'SL -2I p 84.800' job cl OA° D ry // / / // °.. •� -ate ao, / / / . S3 SL of ti ti a. / �► / / r cj Zx /i Xz ti ._ / /i / / / / // / ��'• [3 /i / / // // , °•. � � X0.0 Y;, / it r �g�ii oC ,r/ / A I Cb 15V cl) s / ?s• / z� m/i x �• c - - = MM • i a z m m to u m // / --I ZZO _ Q \ \ \ Cm Z M 1rn� / %/ z ' / COT MIT \ \ Z \m /'' /c, / / n � / / �' O 171 �� /' /ay % / CO) co) / / M / z X// 0 Z Z /,' m —1 c / // s ai Z'/ / Z /i' T �' / CCU C tntnrn M 00m z c)00 m zzI ;U;U(;) C -mi -m-� rn mm n moor M Xzco 0 >rn Mq 0 M O rn0= CA O CA cchrn CI)m m GEOMETRICS PLAN X CULVER DATE BY DESCRIPTION 'S RESTAU RANT JOB N©. 00100 4/25101 K W. REVISED PER VILLAGE REVIEW COMMENTS 4127/01 K.W. REVISED PER VILLAGE REVIEW COMMENTS BUFFALO GROVE ILLINOIS O 513101 K.W. REVISED PER VILLAGE REVIEW COMMENTS DESIGNED BY: RA.A. .PEARSON,BROWN & ASSOCIATES, INC. 71 MIDWEST CONSTRUCTION, INC. O DRAWN BY: A.KZ CONSULTING 9718 FOREST HILLS RD. Mq ROCKFORD. IL 61115 Z CHECKED BY: J.F.C. 1850 W. WINCHESTER ROAD - SUITE 206 ORIGINAL ISSUE: 2123101 FIELD BOOK No.: nl :.r:rr LIBERTVILLE, IL 60048 2 (B47) 367 -6707 20' 10' 0 20' FAX (647) 367 -2667 EMAIL ADDRESS: pba@ync.net SCALE: V= 20' Z r-4 m -q N m C ; M 'I W N m M JOB N©. 00100 4/25101 K W. REVISED PER VILLAGE REVIEW COMMENTS 4127/01 K.W. REVISED PER VILLAGE REVIEW COMMENTS BUFFALO GROVE ILLINOIS O 513101 K.W. REVISED PER VILLAGE REVIEW COMMENTS DESIGNED BY: RA.A. .PEARSON,BROWN & ASSOCIATES, INC. 71 MIDWEST CONSTRUCTION, INC. O DRAWN BY: A.KZ CONSULTING 9718 FOREST HILLS RD. Mq ROCKFORD. IL 61115 Z CHECKED BY: J.F.C. 1850 W. WINCHESTER ROAD - SUITE 206 ORIGINAL ISSUE: 2123101 FIELD BOOK No.: nl :.r:rr LIBERTVILLE, IL 60048 2 (B47) 367 -6707 20' 10' 0 20' FAX (647) 367 -2667 EMAIL ADDRESS: pba@ync.net SCALE: V= 20'