2003-048ORDINANCE NO. 2003 -48
GRANTING A VARIANCE FROM SECTIONS
14.32.040 and 14.40.080
OF THE BUFFALO GROVE SIGN ORDINANCE
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and
WHEREAS, Belmont Village Buffalo Grove, L.L.C., a Delaware limited liability
company, owner of the hereinafter legally described real property, commonly known as 500
McHenry Road, has requested variations from Sections 14.32.040 and 14.40.080 of the Village's
Sign Code for the purpose of installing two banners to be attached to the building located on the
property, one along Buffalo Grove Road and one along McHenry Road, that would exceed the
number, size and material required; and for the purpose of allowing said two banners to be
displayed for a period of time that would exceed the time limit allowed; and
WHEREAS, Belmont Village modified its variation application on its face at the
Zoning Board of Appeals Public Hearing held on said requested variations to display the banners
for a ninety (90) day time limit from its original request of twelve (12) months; 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 variations; 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 Ordi-
nance, 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. Variations are hereby granted to Sections 14.32.040 and 14.40.080 of the
Village. Sign Code to the property legally described as follows:
Lot 1 in Belmont Village - Buffalo Grove, being a subdivision of part of the
West 1/2 of Section 33, Township 43 North, Range 11, East of the Third
Principal Meridian, in Lake County, Illinois.
The specific variations would allow the installation of two (2) banners on the building located at
500 McHenry Road for a period of 90 days, all pursuant to the exhibits presented to the Zoning
Board of Appeals.
Pursuant to Sign Code, Section 14.44.010, Sub - section B.
Section 3. This Ordinance shall be in effect from and after its passage and approval. This
Ordinance shall not be codified.
AYES: 5 - Braiman, Berman, Johnson, Kahn, Trilling
NAYES: 0 - None
-2-
ABSENT: 1 - Glover
PASSED: June 16 , 2003.
APPROVED: June 16 , 2003.
ATTEST:
illage Clerk
WGR: 05/24/03
APPROVED:
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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: Belmont Village Buffalo Grove LLC
B. Location: 500 McHenry Road
C. Type of Sign: Temporary For Rent, Sale or Lease Banners
D. Characteristics of Sign (including size): Identical Temporary Banners —
Rectangular - 4' x 24'
E. Lot Characteristics: Large curved lot facing two main roads
II. CHARACTERISTICS OF THE SURROUNDING AREA:
North — Residential & gas station
South - Residential
East - Residential & restaurant
West - Residential
III. VARIATION SOUGHT:
Sign Code, Section 14.32.040 — For Sale, Rent or Lease Signs; and
Sign Code, Section 14.40.080 — Prohibited Signs
IV. EXHIBITS DEPICTING VARIATION:
A. Exhibit `B1" and "E2' — Drawings of proposed signs
B. Exhibit "D" — Letter dated April 17, 2003
V. VILLAGE ENGINEER'S REPORT
Dated: N/A
Conditions: N/A
VI. VARIATION POWER & CRITERIA:
Sign Code, Section 14.44.010, Sub - section B
1•, 1•
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, May 20, 2003 at the Village
Hall, 50 Raupp Blvd., Buffalo Grove, IL 60089 at 7:30P.M.
The applicant, Stephen Brollier, testified at the hearing and presented
documentary evidence.
The following objectors appeared at the hearing: None
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, May 20, 2003.
VIII. FINDINGS:
The Zoning Board of Appeals finds that the criteria as set forth in Section
14.44.010, Subsection B of the Sign Code have been met in that the Petitioner
has shown:
That not allowing the variance will cause undue and unnecessary hardship
due to the following unique circumstances:
A. Need to let people know that they are now open for business.
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.
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2. The banners are allowed to be displayed for a period not to exceed ninety
(90) days.
X. CONCLUSION:
The Zoning Board of Appeals, by a vote of 6 to 0 recommends to the Village
Board, that the amended request of Belmont Village, 500 McHenry Road, be
granted for variance of Sign Code, Section 14.32.040, pertaining to For Rent, Sale
or Lease Signs, for the purpose of allowing two banners to be attached to the
building, one along Buffalo Grove Road and one along McHenry Road, that
would exceed the number, size and material required; and Section 14.40.080,
pertaining to Prohibited Signs, for the purpose of allowing said two banners to be
displayed for a period not to exceed ninety (90) days.
Dated — May 20, 2003
VILLAGE OF BUFFALO GROVE, IL
Bruce Entman, Chairman
Zoning Board of Appeals
500 MCHENRY ROAD, BELMONT VILLAGE — SIGN CODE, SECTION
14.32.040 AND 14.40.080, TO ALLOW TWO BANNERS TO BE ATTACHED TO
THE BUILDING, ONE ALONG BUFFALO GROVE ROAD AND ONE ALONG
MCHENRY ROAD, THAT WOULD EXCEED THE NUMBER, SIZE,
MATERIAL REQUIRED AND TIME ALLOWED
Mr. Stephen Brollier, Development Manager, Belmont Village, 500 McHenry Road, was
present and sworn in. The public hearing notice published in the Daily Herald on April
25, 2003 was read.
Mr. Brollier explained that they are coming close to completion of the building. The
marketing activities have started. As they get to the point of occupancy, they want to
make it known that they are open and doing business. They like to do is make the
announcement, part of which includes banners, such as the ones proposed. In this
particular case, they have a fairly sizable frontage on both McHenry Road and Buffalo
Grove Road. Therefore, they think it is necessary to have two banners, which would
address the variance request for the number of banners. Additionally, the building
frontage located on the Buffalo Grove Road side is in excess of one hundred feet. On the
McHenry Road, it is a little less. That would necessitate a larger banner than is stipulated
in the Sign Code. The time frame is additionally a marketing situation. They want the
community and the traffic that passes by to know that they are in business and actively
leasing the facility. Therefore, they have the banner state "now open" with the phone
number and name of Belmont Village. They plan on attaching both signs to the building
and they will be attached in a manner in which they are not just blowing in the wind, they
will be secured tightly. On the elevation facing Buffalo Grove Road, it is a bit deceiving
because it appears that the banner is covering two windows when in fact that is not the
case. There is a parapet wall in front of the windows and a brick area that the banner
would be attached to. Also, facing McHenry Road, they are attaching the banner to the
bottom side of the soffit of the front porte cochere between the columns. Both banners
would be the same size.
Com. Windecker stated that he would not be in favor of a one year time limit. Belmont
has just opened. The size is huge and it will be hung from the bottom of the front of the
building. He asked how they are going to anchor the bottom so is does not flap. To the
columns? Mr. Brollier replied that the one on Buffalo Grove road will be basically a
framed structure and they will attach it to the structure itself. Com. Windecker then asked
if it is no longer considered a banner if it is a framed sign and he believes that four feet
(4') by twenty four feet (24') is pretty large for a banner. He also asked about the two
signs that were granted that had a time limit on them that are located on the two street
sides in front of the property. Mr. Brollier replied that the permanent monument signs,
which have been approved, will be installed in the next couple of weeks. As soon as those
up, the two temporary signs come down. Then they will only have the permanent ground
signs that are approved. Then upon occupancy, which is sometime in the next few weeks,
they will put up the now open banner indicating that they are open for business. The time
aspect of the proposed banner is flexible. He is not set on 12 months. He needed some
sort of time frame to start from. Mr. Brollier stated that six months would be acceptable.
ZONING BOARD OF APPEALS
I�JRAFT COPuy" MAY 20, 2003
Page 1 of 2
Com. Windecker stated that he was thinking closer to ninety (90) days. Mr. Brollier
indicated that the whole purpose of the signs is to help ensure the success of the project.
Com. Windecker asked what the average walk -in rate was. Mr. Brollier believes it is
close to ten percent (10 %).
Com. Sandler asked how long the leases generally are and just to give the Board an idea
as people begin to lease there, what the general lease time period is. He also asked what
the typical occupancy rate is at other facilities. Mr. Brollier explained that the average
term lease at the facility is usually twenty for (24) months. As far as occupancy goes, it
varies significantly. Some markets lease up quickly, some take a little longer. California
is completely different than the Chicagoland area. They have another facility in Glenview
and that occupancy is approximately seventy percent (70 %) and that has been open for
one year.
Com. Horwitz asked if the banners were allowed at the Glenview location and if they
were, how long were they allowed for. Mr. Brollier responded that they were allowed one
banner and it was allowed to be displayed for ninety to one hundred twenty (90 -120)
days.
Ch. Entman agrees with a ninety (90) day time limit.
Mr. Brollier asked to amend his petition to reflect a time period to display the banners of
ninety (90) days.
There were no additional questions or comments from the Commissioners. There were no
questions or comments from the Board.
Com. Windecker made the following motion:
I move we recommend that the Village Board grant the amended request being made by
Belmont Village Buffalo Grove LLC, 500 McHenry Road, for variance of Sign Code,
Section 14.32.040, pertaining to For Rent, Sale or Lease Signs, for the purpose of
allowing two banners to be attached to the building, one along Buffalo Grove Road and
one along McHenry Road, that would exceed the number, size and material required; and
Section 14.40.080, pertaining to Prohibited Signs, for the purpose of allowing said two
banners to be displayed for a period not to exceed ninety (90) days.
Com. Sandler seconded the motion.
Roll Call Vote: AYE — Horwitz, Stolberg, Dunn, Sandler, Windecker, Entman,
NAY — None
ABSTAIN — None
Motion Passed 6 to 0. Findings of Fact attached. Item to be on the Village Board Agenda
on June 16, 2003.
ZONING BOARD OF APPEALS
U MW UKAFT C01JT MAY 20, 2003
Page 2 of 2
1
Villa# Clerk
By
• , 1
ORDINANCE NO. 2003 - 48
GRANTING A VARIANCE FROM SECTIONS
14.32.040 and 14.40.080
OF THE BUFFALO GROVE SIGN ORDINANCE
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and
WHEREAS, Belmont Village Buffalo Grove, L. L. C . , a Delaware limited' liability
company, owner of the hereinafter legally described real property, commonly known as 500
McHenry Road, has requested variations from Sections 14.32.040 and 14.40.080 of the Village's
Sign Code for the purpose of installing two banners to be attached to the building located on the
property, one along Buffalo Grove Road and one along McHenry Road, that would exceed the
number, size and material required; and for the purpose of allowing said two banners to be
displayed for a period of time that would exceed the time limit allowed; and
WHEREAS, Belmont Village modified its variation application on its face at the
Zoning Board of Appeals Public Hearing held on said requested variations to display the banners
for a ninety (90) day time limit from its original request of twelve (12) months; 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 variations; 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 Ordi-
nance, 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
U
• f
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. Variations are hereby granted to Sections 14.32.040 and 14.40.080 of the
Village Sign Code to the property legally described as follows:
Lot 1 in Belmont Village - Buffalo Grove, being a subdivision of part of the
West 1/2 of Section 33, Township 43 North, Range 11, East of the Third
Principal Meridian, in Lake County, Illinois.
The specific variations would allow the installation of two (2) banners on the building located at
500 McHenry Road for a period of 90 days, all pursuant to the exhibits presented to the Zoning
Board of Appeals.
Pursuant to Sign Code, Section 14.44.010, Sub - section B.
Section 3. This Ordinance shall be in effect from and after its passage and approval. This
Ordinance shall not be codified.
AYES: 5 - Braiman, Berman, Johnson, Kahn, Trilling
NAPES: 0 - None
-2-
ABSENT: 1 - Glover
PASSED: June 16 , 2003.
APPROVED: ,Tune 16 , 2003.
ATTEST:
c
`—Village Clerk
WGR: 05/24/03
APPROVED:
-3-
Village President