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2003-008ORDINANCE NO. 2003- 8 GRANTING A VARIANCE FROM SECTION 17.44.060 OF THE BUFFALO GROVE ZONING ORDINANCE (eSkape Entertainment Center) WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, eSkape Entertainment Center has requested a variation from Section 17.44.060.E.6. of the Buffalo Grove Zoning Ordinance pertaining to signs in the B -5 Town Center Planned District, for the purpose of installing wall signs that exceed the requirements of said section; 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 variation is in harmony with the general purpose and intent of the Zoning Ordi- nance, and that (1) the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the B -5 District, and (2) the plight of the owners is due to unique circumstances and (3) the proposed variation will not alter the essential character of the neighborhood, . 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. • Q Section 2. A variation is hereby granted to Section 17.44.060.E.6. of the Village Zoning Ordinance to the property commonly known as 350 McHenry Road and legally described on Exhibit "A" hereto. The specific variation will allow the installation of: a. One "eSkape" wall sign not to exceed eleven (11) feet in height and not to exceed two hundred ninety one point five (291.5) square feet, b. One "Grillworks" wall sign not to exceed six point seven (6.7) feet in height by sixteen (16) feet in width, and c. One "Entrance" wall sign not to exceed two (2) feet in height by sixteen (16) feet in width. All signs to be installed pursuant to the Zoning Board of Appeals revised Exhibit "E -1." Section 3. This Ordinance shall be in effect from and after its passage and approval. This Ordinance shall not be codified. AYES: 6 - Braiman, Glover, Berman, Johnson, Kahn, Trilling NAYES: 0 - None ABSENT: 0 - None PASSED: February 3 , 2003. APPROVED: February 3 , 2003. ATTEST: Villa Jerk APPROVED: Village President 2 EXHIBIT A Legal Description: Lot 2 in Buffalo Grove Town Center Unit 8, being a Resubdivision of Lot 2 in Buffalo Grove Town Center Unit 5, in the Southwest ' /a of Section 33, Township 43 North, Range 11, East of the Third Principal Meridian, according to the Plat of Resubdivision recorded July 24, 1998 as Document 4173676, in Lake County, Illinois. 0 • ZONING BOARD OF APPEALS VILLAGE OF BUFFALO GROVE, ILLINOIS FINDINGS OF FACT ON VARIATION OF ZONING ORDINANCE THE BUFFALO GROVE ZONING BOARD OF APPEALS HEREBY MAKES THE FOLLOWING FINDINGS OF FACT AND CONCLUSIONS: I. THE SUBJECT PROPERTY: A. Applicant: eSkape Entertainment Center B. Location: 350 McHenry Road C. Type of Sign: Wall Signs D. Characteristics of Sign (including size): "eSkape" sign — 11' x 26.5'and not to exceed 291.5 square feet. "Grillworks" sign — 6.7' x 16' "Entrance" sign — 2' x 16' E. Lot Characteristics: Town Center shopping center II. CHARACTERISTICS OF THE SURROUNDING AREA: North - Business South - Business East - Residential West - Residential III. VARIATION SOUGHT: Zoning Ordinance, Section 17.44.060.E.6, pertaining to Town Center Signs IV. EXHIBITS DEPICTING VARIATION: A. Letter dated November 19, 2002 B. Revised drawing — Exhibit `B1" V. VILLAGE ENGINEER'S REPORT Dated: N/A Conditions: VI. VARIATION POWER & CRITERIA: Zoning Ordinance, Section 17.52.050 VII. PUBLIC HEARING: After due notice as required by law, a copy of said publication notice being attached hereto as Exhibit ".0 ", the Zoning Board of Appeals held a public hearing regarding the proposed variance on Tuesday, January 21, 2003 at the Village Hall, 50 Raupp Blvd., Buffalo Grove, IL 60089 at 7:30P.M. The applicant, Mr. Feldgreber testified at the hearing and presented documentary evidence. The following objectors appeared at the hearing: Mr. Arthur Goldner, Arthur Goldner & Associates, 707 Skokie Blvd., Northbrook, Illinois 60062 was present at the meeting on 12/17/02. Mr. Ty Stetzenmeyer, Arthur Goldner & Associates, 707 Skokie Blvd., Northbrook, IL 60062 was present at the meeting on 12/17/02. The following sent written objection prior to the hearing: A letter dated December 13, 2002 submitted by Mr. Ty Stetzenmeyer, Arthur Goldner & Associates, 707 Skokie Blvd., Northbrook, IL 60062. Attached hereto and made a part hereof as Exhibit "J" are the minutes of the Zoning Board of Appeals meeting held on Tuesday, January 21, 2003. VIII. FINDINGS: The Zoning Board of Appeals finds that the criteria as set forth in Section 17.52.070 of the Zoning Ordinance 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. The sign will be hard to see from Lake Cook Road. B. The frontage of the building is large and the sign will be hard to see if made smaller. 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. The height of the "eSkape" sign is not to exceed eleven (11) feet and the total square footage is not to exceed two hundred ninety one point five (291.5) square feet. 2. The "Grillworks" sign is to be six point seven (6.7) feet tall by sixteen (16) feet wide. 3. The "Entrance" sign is to be two (2) feet tall by sixteen (16) feet wide. 4. All signs to be constructed pursuant to the revised Exhibit "El" X. CONCLUSION: The Zoning Board of Appeals, by a vote of 4 to 3, recommends to the Village Board, that the amended request of eSkape Entertainment Center, 350 McHenry Road, be granted for variance of Zoning Ordinance, Section 17.44.060.E.6, pertaining to Town Center Signs, for the purpose of installing wall signs on the South elevation that exceed the height, number and size permitted. The Petitioner having amended his petition to reduce the height of the "eSkape" sign on the South elevation from twelve point two (12.2) feet to eleven (11) feet and the square footage of that sign not to exceed two hundred ninety one point five (291.5) square feet. The additional signs on the South elevation include an "Entrance" sign on the West side of the South elevation that is two (2) feet tall and sixteen (16) feet wide; and a "Grillworks" sign on the East side of the South elevation that is six point seven (6.7) feet tall and sixteen (16) feet wide. The signs shall be constructed pursuant to the revised Exhibit "El" presented. Petitioner having exhibited hardship and unique circumstances. The proposed signage will not be detrimental to the public health, s dety and welfare. Variation recommended pursuant to Zoning Ordinance, Section 17.52.070.A. Dated — January 21, 2003 VILLAGE OF BUFFALO GROVE, IL Bruce Entman, Chairman i Zoning Board of Appeals ARTHUR GOLDMER & ASSOCIATES, IMC. COMPLETE REAL ESTATE SERVICES 707 Skokie Boulevard —Suite 100 Northbrook, Illinois 60062 847/291 -3600 FAX 847/291 -4812 December 13, 2002 Mr. Edward Schar Building Commissioner Village of Buffalo Grove 50 Raupp Blvd. Buffalo Grove, IL 60089 Re: eSkape Signage Lear .vll. Schar. I received notice from the Village of Buffalo Grove of a public hearing before the Zoning Board of Appeals regarding a request for a variance to the Zoning Ordinance pertaining to the Town Center signs. It is my understanding that eSkcape is requesting a variance to allow for signage on the building they are leasing as well as on the pylon signs owned, maintained and controlled by the owners of the Buffalo Grove Town Center, "Center ". As of this time, eSkape has not provided the Buffalo Grove Town Center owners with a copy of the proposed signage (either pylon or building signage) for their review and approval. If it is true the signs are similar to the signage on the banner they have placed on the building we have serious concerns. If eSkape is requesting a variance for the pylon signs, I must inform you that neither the owners, nor managing agents of the Town Center, are in favor of the signs if they vary from the current color scheme on the Center's pylon signs. Currently the two pylon signs (street furniture) that have spaces for selected tenants, each requires lettering to be of one color (red). The owners of the Center will not allow any other color on the pylons. The owners may consider a variance to the color scheme if the tenant is a nationally or regionally known tenant requiring a highly recognizable color and lettering scheme. eSkape does not meet that requirement. As to the signs on the building, as the building is a separate building a slight variance from the other Town Center signs may be acceptable. However, we need to see the proposed signage and location before we can approve the proposed signage. The intent of ownership and management is to maintain a consistent and esthetically pleasing signage program at the Center. Making any exceptions for any tenant other than a truly well know "Anchor Tenant! ' with recognizable signage will prevent us from maintaining this consistency and uniformity, and will detract from the overall appeal of the Center. Therefore, I urge the Board to defer all approvals until such time as the ownership of the Center and eSkape can agree upon a signage plan. Please call me if you have any questions. Sincerely, ARTHUR GOLDNER & ASSOCIATES, INC. i� y R. Stetzenmeyer, CPM°; CGI•A. Vice President cc: Ghida Neukirch, Assistant Village Manager REGULAR MEETING BUFFALO GROVE ZONING BOARD OF APPEALS JANUARY 21, 2003 Chairman Entman called the Zoning Board of Appeals regular meeting to order at 7:35 P.M. on Tuesday, January 21, 2003 in the Council Chambers of the Village Hall, 50 Raupp Boulevard. ROLL CALL Commissioners Present: Chairman Entman Commissioner Horwitz Commissioner Stolberg Commissioner Dunn Commissioner Sandler Commissioner Windecker Commissioner Lesser Also Present: Edward Schar, Building Department Liaison William Raysa, Village Attorney APPROVAL OF MINUTES Ch. Entman noted a correction on page eight; item number 2, spelling correction of the word "symmetry ". Motion to approve the corrected minutes of the Regular Zoning Board of Appeals meeting held on Tuesday, December 17, 2002 was made by Com. Windecker and seconded by Com. Stolberg. Roll Call Vote: AYE — Horwitz, Dunn, Windecker, Lesser, Entman NAY — None ABSTAIN — Stolberg, Sandler Motion Passed 5 to 0, 2 Abstentions. Minutes of December 17, 2002 were approved as corrected. BUSINESS Ch. Entman announced that the New Business item would be heard before the Old Business item. 463 CARMEN AVENUE, ROBERT E. MILLER — ZONING ORDINANCE, SECTION 17.40.020, TO CONSTRUCT A ROOM ADDITION THAT WOULD ENCROACH 10' INTO THE REQUIRED 35' REAR YARD SETBACK Mrs. Bonnie Miller, 463 Carmen Avenue, was present and sworn in. The public hearing notice published in the Daily Herald on December 23, 2002 was read. Mrs. Miller explained that they are requesting the variance to construct a room addition to increase the size of both the family room and kitchen. It is not financially feasible for them to ZONING BOARD OF APPEALS PAGE 1 of 7 — JANUARY 21, 2003 W 1 0 move to a larger house. They have spoken with their neighbors and there were no objections. The house had a new roof and new siding put on last year and they will match the roof and siding with the same materials. The Village Engineer's Report dated December 31, 2002 was read. Ch. Entman asked if the Petitioner has received the report. Mrs. Miller advised that they did receive it. There were no further questions or comments from the Commissioners. There were no questions or comments from the audience. Com. Sandler made the following motion: I move we grant the request of Robert E. Miller, 463 Carmen Avenue, for variance of Zoning Ordinance, Section 17.40.020, pertaining to Area, Height, Bulk and Placement Regulations, for the purpose of constructing a room addition that would encroach a distance of ten feet (10') into the required thirty -five foot (35') rear yard setback. Subject to the Village Engineer's Report dated December 31, 2002. Materials to match the existing construction in like kind and quality. Petitioner exhibiting hardship and unique circumstances. The proposed addition will not alter the essential character of the neighborhood and will not be detrimental to the public health, safety and welfare. Com. Windecker seconded the motion. Roll Call Vote: AYE — Horwitz, Stolberg, Dunn, Sandler, Windecker, Lesser, Entman NAY — None ABSTAIN — None Motion Passed 7 to 0. Findings of Fact attached. Permit may be issued in fifteen (15) days — February 6, 2003. 350 McHENRY ROAD, ESKAPE ENTERTAINMENT CENTER — ZONING ORDINANCE 17.44.060.E.6, FOR THE PURPOSE OF INSTALLING WALL SIGNS ON THE SOUTH AND EAST ELEVATIONS THAT EXCEED THE HEIGHT, NUMBER AND SIZE PERMITTED Mr. Bill Feldgreber, eSkape Entertainment Center, 350 McHenry Road, was present and advised that he is still under oath. Com. Stolberg made a motion to remove from Table and Com Windecker seconded the motion. Voice Vote — AYE was unanimous. Mr. Feldgreber had prepared an additional Exhibit that was circulated to the Commissioners. The Exhibit included the height of the proposed signage. Mr. Feldgreber explained that he is requesting a variance from Zoning Ordinance, Section 17.44.060.E.6. At the previous meeting, the Board requested changes in the size, color and ZONING BOARD OF APPEALS PAGE 2 of 7 — JANUARY 21, 2003 location of the signs. He notified the.Board of the heights that were not included in the revised drawings submitted for this meeting. He advised that after reviewing the signs in the center, especially the signs for Binny's, Cold Stone and the Buffalo Grove Theaters, changes were made. Those sign have more that just the color red in them. Mr. Feldgreber listed the changes as follows: 1. On the east elevation, he removed the "Grillworks" sign and reduced the "eSkape" sign from three hundred forty one (341) square feet to seventy -five (75) square feet. Therefore, no variation is required. 2. On the South elevation, he moved the "Entrance" sign up off the dryvit as requested to match the "Grillworks" sign. 3. On the South elevation, he reduced the "Grillworks" sign from one hundred forty one (141) square feet to one hundred seven (107) square feet. He removed the bars from under the text and reduced the size of the w. 4. On the South elevation, he changed the colors from purple, red, black and green to black, white and red and reduced the size from four hundred eighty (480) square feet to three hundred twenty three (323) square feet. Ch. Entman advised Mr. Feldgreber that he noticed that the "eSkape" sign on the South elevation had some text added to the bottom. Mr. Feldgreber replied that he added the entertainment center language and that addition did not change the square footage of the sign because of the length of the "S" in "eSkape ". It allowed them to fill an area with language identifying what "eSkape" is. They also added this language to the sign on the East elevation. Com. Windecker noted that Exhibit "E3" depicts a gray background and Exhibit `B2" depicts a black background. Mr. Feldgreber advised that the "eSkape" sign backgrounds should all be black. Com. Lesser asked if the sign on the East elevation will be centered along the brick between the green canopy and the end of the building or will the sign be located where the temporary sign is located. Mr. Feldgreber advised that they will try to center the sign. They need to pick up the electric from the old sign and depending on where the electric is, they will try to get as close to it as possible. They will leave the green canopy where it is because it is symmetrical to the building. Com. Horwitz stated that at the last meeting, Mr. Schar mentioned that the Cub Food sign on the side was seventy three (73) square feet and later there was a Guaranty Bank sign added. He advised that as far as he was concerned, the revised signage was acceptable. He polled the Commissioners to see if they would be open to an additional sign for Grillwork's since there was a second sign there at one time. ZONING BOARD OF APPEALS PAGE 3 of 7 — JANUARY 21, 2003 Ch. Entman advised that he is not in favor of any more signage on the East elevation. He also confirmed that the revised proposed signage for the East elevation does not require a variance. Mr. Schar advised that he was correct and stated that the new square footage of the sign on the East elevation is seventy four point ninety three (74.93) square feet. Com. Dunn commented that the new color design looks nice and is a big improvement over the last submittal. Ch. Entman advised that he noticed that the "Entrance" and "Grillworks" signs are wider than before, but they do fit in to where the Board asked and Petitioner reduced the height of the "Grillworks" sign on the South elevation. He advised that he does not have a problem with the added text on the "eSkape" sign because it is an empty space. He asked if anyone had any questions about the black background as opposed to no background at all, similar to other signs in the center. Also, does anyone have any issues with the size or does the size seem to be acceptable. His reaction is that he is not sure about the black background. He was not anticipating a background at all. He was looking for signage on the wall, similar to other tenants. The size of the sign is approximately one third (1/3) smaller than what was proposed at the last meeting. He asked Mr. Schar about the size of the Cub Foods sign. Com. Horwitz advised that the Cub Foods sign was three hundred twenty two (322) square feet on the South elevation and seventy three (73) square feet on the East elevation. Com. Sandler asked about the size of the letters on the Cub Foods sign. Mr. Schar advised that he believed they were seven (7) feet in height. Further discussion took place regarding the Cub Foods sign. Com. Sandler indicated that he is having difficulty judging the scale of the proposed signage. The Exhibit does put the size into a correct perspective. Twelve (12) feet by twenty six (26) feet still covers a lot of territory. He understands that it is a very large, wide building, but he is trying to compare these signs to the Cub Foods signs, which he thought was oversized against the building. Com. Horwitz asked about the size of the small letters. Mr. Feldgreber advised that the "Entertainment" sign is two (2) feet high. He does not have the height of the letters e.k.a.p.e. but believes they would be approximately eight (8) feet in height. Ch. Entman asked if the signage is reflected to scale on the revised Exhibits. Mr. Feldgreber stated that it was his understanding that the drawings were to scale. He also stated that the black background was decided when looking at the Buffalo Grove Theater sign. Ch. Entman advised that the Theater sign is on the street furniture. Mr. Feldgreber indicated there other signs in the center that are a color other than red; Cold Stone Creamery, Binny's, and the theater. Ch. Entman said that regarding the wall signage, there are no black backgrounds. He likes the red on the building without the black background. He also indicated that the black on the theater sign is viewed differently since it is on the street furniture. Also, he is not sure if he is comfortable with the size of the sign. ZONING BOARD OF APPEALS PAGE 4 of 7 — JANUARY 21, 2003 Com. Sandler inquired about the size of the temporary identification sign. Mr. Feldgreber advised it is seventy five (75) square feet. He explained that the "Amlex" sign is four (4) feet by eight (8) feet. If you turn that sign over and stand it up, that is eight (8) feet. Com. Stolberg stated that she likes the black background. She has three (3) children who would love to go there. They will be attracted by the sign with the black background. To her, it is extreme and what children are looking for. She indicated that it appears that the letters are not to scale on the drawing. Mr. Feldgreber advised that the sign will be closer to the top of the facade rather than centered. There are trees along the street and lights in the parking lot so the sign will need to be placed higher on the front of the building. Com. Lesser asked if the red color of the "Entrance" sign will match the other signs or is it to be a different color red. Mr. Feldgreber advised that the signs will all be the same red color, either a one eighty six (186) or a two zero three (203). Com. Lesser also advised that he is not excited about the overall scale of the "eSkape" sign, he does appreciate the span of distance between the "Entrance" and the "Grillworks" signs. Perhaps the size can be marginally reduced. If the sign is to be reduced significantly, it will not stand out given the massive frontage. He is leaning more in favor of the scale that the sign has been reduced to now. Ch. Entman indicated that he would like to see the removal of the black background and just have the red letters on the brick. Also, he would like to scale the size down just slightly to perhaps ten (10) feet instead of the twelve point two (12.2) feet in height and reduce the length to about twenty four (24) feet in length. This would keep the letters down in their height without reducing the size of the sign too much, especially the width of the sign and will not affect the visibility and will fit in better just being red. Com. Sandler advised that he would like to see the sign scaled down, ten (10) by twenty four (24) would be good. He can live with the black background. Mr. Feldgreber stated that the Board has looked at signs more than he has looked at signs. The first sign may have been big and vibrant, but it was a nice looking sign. Stepping down to the revised sign was difficult. They went through approximately fifteen (15) to twenty (20) revisions. The current sign is a great attempt to compromise. The e.k.a.p.e. is closer to six (6) feet in height. He believes that making the sign any smaller or trying to shrink it down or take out the black is a mistake. He only has exposure on Route 83. They are very far from Lake Cook Road. Com. Sandler stated that regarding Cub and Eagle, he is not sure why they didn't make it, but he does not believe it was related to the size of the sign. It was mentioned that the eight (8) foot sign would allow them to pick up street traffic and create visibility. They realized that it was a stand- alone building and it is in the back of the center. Once he saw the eight (8) foot letters on the sign, it was overwhelming. The black on the proposed sign will allow the sign to standout. He is not comfortable with twelve (12) feet. He does not believe that ten (10) feet will make him less visible. ZONING BOARD OF APPEALS PAGE 5 of 7 — JANUARY 21, 2003 Com. Windecker agreed with Ch. Entman with regards to reducing the "S" to ten (10) feet. Then he would go along with the proposal. Ch. Entman polled the Board regarding the proposed signage: Com. Horwitz — He has no problem with the black background. If the height of the small letters are six (6) feet or under, he is okay with the size as presented with a total height of twelve (12) feet. Com. Stolberg — She is okay with both the size and the color of the proposed signage. Com. Dunn — She likes the new color and thinks the black background looks sharp. She also has no problem with the size. Com. Sandler — He is okay with the color, but would like to see the size scaled down from twelve (12) feet to a ten (10) foot "S" and be scaled down in width accordingly. Com. Windecker — He is okay with the color, but would like the "S" to be scaled down and could leave the smaller letters the same size they currently are. Com. Lesser — He is okay with the color. He would like to see the "S" slightly smaller, but he is okay with the sign as presented. Ch. Entman — He would like to see the sign reduced in height. He is not convinced about the black background, but there appears to be enough Commissioners that do not have a problem with it. Ch. Entman asked the Board if they would be supportive in suggesting to reduce the "S" in height only. Com. Horwitz suggested a height of eleven (11) feet for the "S ". Ch. Entman explained the Petitioner's options regarding amending his petition or having the Board vote on the proposed signage and the Petitioner's rights for appeal. Mr. Feldgreber amended his petition to reduce the size of the "S" on the "eSkape" sigh on the South elevation from twelve point two (12.2) feet to eleven (11) feet in height and withdrew his petition for an additional "Grillworks" wall sign on the East elevation. A variance would be required for the size of the "eSkape" sign on the South elevation to be two hundred ninety one point five (291.5) square feet; for an additional wall sign and the size of the "Grillworks" sign on the South elevation to be one hundred seven point two (107.2) square feet; and for an additional wall sign for the "Entrance" sign on the South elevation which will be thirty two (32) square feet. There were no additional questions or comments from the Commissioners. There were no questions or comments from the audience. Com. Stolberg made the following motion: I move we recommend to the Village Board to grant the amended request of eSkape Entertainment Center, 350 McHenry Road, for variance of Zoning Ordinance, Section 17.44.060.E.6, pertaining to Town Center Signs, for the purpose of installing wall signs on the South elevation that exceed the height, number and size permitted. ZONING BOARD OF APPEALS PAGE 6 of 7 — JANUARY 21, 2003 The Petitioner having amended his petition to reduce the height of the "eSkape" sign on the South elevation from twelve point two (12.2) feet to eleven (11) feet and the square footage of that sign not to exceed two hundred ninety one point five (291.5) square feet. The additional signs on the South elevation include an "Entrance" sign on the West side of the South elevation that is two (2) feet tall and sixteen (16) feet wide; and a "Grillworks" sign on the East side of the South elevation that is six point seven (6.7) feet tall and sixteen (16) feet wide. The signs shall be constructed pursuant to the revised Exhibit "El" presented. Petitioner having exhibited hardship and unique circumstances. The proposed signage will not be detrimental to the public health, safety and welfare. Variation recommended pursuant to Zoning Ordinance, Section 17.52.070.A Com. Horwitz seconded the motion. Roll Call Vote: - AYE — Horwitz, Stolberg, Dunn, Lesser NAY — Sandler, Windecker, Entman ABSTAIN — None Motion Passed 4 to 3. Findings of Fact attached. Item to be on the February 3, 2003 Village Board Consent Agenda. ANNOUNCEMENTS The next meeting will be held at the Alcott Center, 530 Bernard Drive, Buffalo Grove, Illinois. Also the Official Commissioner Certificates were handed out. ADJOURNMENT Motion to adjourn the Regular Zoning Board of Appeals meeting of Tuesday, January 21, 2003 was made by Com. Sandler and seconded by Com. Windecker. Voice Vote — AYE was unanimous. Ch. Entman adjourned the meeting at 8:49 P.M. Submitted by 1' Ka a cording Secretary ZONING BOARD OF APPEALS PAGE 7 of 7 — JANUARY 21, 2003 REGULAR MEETING BUFFALO GROVE ZONING BOARD OF APPEALS DECEMBER 17, 2002 Chairman Entman called the Zoning Board of Appeals regular meeting to order at 7:40 P.M. on Tuesday, December 17, 2002 in the Council Chambers of the Village Hall, 50 Raupp Boulevard. ROLL CALL Commissioners Present: Chairman Entman Commissioner Horwitz Commissioner Dunn Commissioner Windecker Commissioner Lesser Commissioners Absent: Commissioner Sandler Commissioner Stolberg Also Present: Edward Schar, Building Department Liaison William Raysa, Village Attorney APPROVAL OF MINUTES Ch. Entman noted a correction on page two; paragraph three changing "was" to "were ". Motion to approve the corrected minutes of the Regular Zoning Board of Appeals meeting held on Tuesday, November 19, 2002 was made by Com. Windecker and seconded by Com. Dunn. Roll Call Vote: AYE — Horwitz, Dunn, Windecker, Entman NAY — None ABSTAIN — Lesser Motion Passed 4 to 0, 1 Abstention. Minutes of November 19, 2002 were approved as corrected. BUSINESS Ch. Entman announced that Rogers Centre for Commerce and Hamilton Partners would be heard before the request of eSkape, 350 McHenry Road. ROGERS CENTRE FOR COMMERCE, ARTHUR J. ROGERS & CO. — REVIEW OF FOUR (4) EXISTING FOR RENT, SALE OR LEASE SIGNS LOCATED IN THE ROGERS CENTRE FOR COMMERCE AND ROGERS CENTRE FOR COMMERCE EAST ZONING BOARD OF APPEALS DECEMBER 17, 2002 — PAGE ONE Kathi Rogers, Arthur J. Rogers & Co., 3170 Des Plaines Avenue, Des Plaines, Illinois 60018 (847) 297 -2200 was present and still under oath from the previous review. Ms. Rogers advised that they are requesting an extension of the leasing signs that are currently installed. There are four (4) signs total. A site plan was included in the submittal that indicates the location of the currently installed signs. There is a possible 37% vacancy in 2003. This includes currently vacant space and leases that are due to expire. Since the last meeting, they have surveyed prospective leasee's and approximately sixty 60% are a result of the advertising signs. Their current occupancy rate is in the high 80% or lower 90% range. They try to keep it in the mid 90% range. Com. Horwitz asked the Commissioners if they would be willing to grant the extension for longer than one (1) year. A poll of the Board indicated that review in one (1) year would be acceptable. There were no additional questions or comments from the Commissioners. There were no questions or comments from the audience. Com. Windecker made the following motion: I move we grant the request of Rogers Centre for Commerce, Arthur J. Rogers & Co., 3170 Des Plaines Avenue, Des Plaines, Illinois 60018 for renewal of four (4) existing For Rent, Sale or Lease Signs located in the Rogers Centre for Commerce and Rogers Centre for Commerce East. Renewal is for one (1) year from this date. Com. Dunn seconded the motion. Roll Call Vote: AYE — Horwitz, Dunn, Windecker, Lesser, Entman NAY — None ABSTAIN — None Motion Passed 5 to 0. Findings of Fact attached. Petitioner must return in one (1) year for review of current signage. BUFFALO GROVE BUSINESS PARK, HAMILTON PARTNERS — REVIEW OF TWO (2) EXISTING FOR RENT, SALE OR LEASE SIGNS LOCATED IN THE BUFFALO GROVE BUSINESS PARK Ms. Laura Voeks, Hamilton Partners, 1130 W. Lake Cook Road, Suite 180, Buffalo Grove, Illinois 60089 (847) 459 -9225 was present and sworn in. Ch. Entman advised that he is a tenant in the Buffalo Grove Business Park. This will not affect his decision. ZONING BOARD OF APPEALS DECEMBER 17, 2002 — PAGE TWO Ms. Voeks advised that they are requesting an extension of the two (2) leasing signs in the Buffalo Grove Business Park. One sign is located on Lake Cook Road and one sign is located on Arlington Heights Road. Occupancy reports were submitted with the request. The occupancy rate is in the 70% and 80% range with the average occupancy being 73.75 %. This is similar to the occupancy rate the previous year. They have had a lot of tenants vacate the premises, some with leases that are still in place. With the current leases in place, but no tenant in the space, the average occupancy is roughly 60 %. Ch. Entman asked about 1120 Lake Cook Road. Ms. Voeks advised that J.C. Penney still leases approximately 71% of the building, but is actively trying to sub -lease it out. Premier Eye Care leases a fraction of that building, but Penney's is still responsible for the majority of it. Com. Lesser asked if there was a tenant briefly in the 650 Lake Cook Road building. The occupancy report reflects a tenant in April 2002. Ms. Voeks advised that the 650 Lake Cook Road building has been vacant since October 1999. The report contains a typographical error. A poll of the Board indicated that review in one (1) year would be acceptable. There were no additional questions or comments from the Commissioners. There were no questions or comments from the audience. Com. Lesser made the following motion: I move we grant the request of Buffalo Grove Business Park, Hamilton Partners, 1130 W. Lake Cook Road, Suite 180, Buffalo Grove, Illinois 60089 for renewal of two (2) existing For Rent, Sale or Lease Signs located in the Buffalo Grove Business Park. Renewal is for one (1) year from this date. Com. Horwitz seconded the motion. Roll Call Vote: AYE -- Horwitz, Dunn, Windecker, Lesser, Entman NAY — None ABSTAIN — None Motion Passed 5 to 0. Findings of Fact attached. Petitioner must return in one (1) year for review of current signage. Trustee Glover arrived at 7:53 P.M. 350 McHENRY ROAD, ESKAPE ENTERTAINMENT CENTER — ZONING ORDINANCE 17.44.060.E.6, FOR THE PURPOSE OF INSTALLING WALL SIGNS ON THE SOUTH AND EAST ELEVATIONS THAT EXCEED THE HEIGHT, NUMBER AND SIZE PERMITTED ZONING BOARD OF APPEALS DECEMBER 17, 2002 — PAGE THREE Mr. Bill Feldgreber, eSkape, 350 McHenry Road, Buffalo Grove, Illinois 60089 (847) 821 -9000 was present and sworn in. The public hearing notice published in the Daily Herald on November 26, 2002 was read. Mr. Feldgreber stated that eSkape is located in the Buffalo Grove Town Center. The previous tenants were Cub Foods and Eagle Food Stores. The building is a sixty thousand (60,000) square foot facility. They will be installing thirty -six (36) lanes of bowling, a five thousand (5,000) square foot laser tag arena, a thirty -six (36) game video arcade, two thousand (2,000) square feet of party room, one thousand (1,000) square feet of executive meeting room, four (4) batting cages, a pro shop and retail store and a restaurant with bar /lounge area. Mr. Feldgreber stated that he is requesting a variance to Zoning Ordinance, Section 17.44.060.E.6.a.9. He has submitted a package with the application that shows specifically what is being proposed, Exhibits `B1" and `B2 ". Ch. Entman confirmed what is being requested. There is the "eSkape" sign and one "Entrance" sign and one "Grillworks" sign on the south elevation; and one "eSkape" sign and one "Grillworks" sign on the east elevation facing McHenry Road. Ch. Entman advised that a letter dated December 13, 2002 was submitted to the Building Department by Arthur Goldner & Associates. He summarized the letter as follows: "Arthur Goldner & Associates sent the letter to Mr. Schar basically asked that the matter be postponed until they have had an opportunity to review all the signage requests that are being made here tonight. They are doing that because they claim they have the ability to have approval of the signage." Ch. Entman expressed his feeling that Arthur Goldner & Associates may very well have such right, but that may be a private right between the ownership and the tenants. If the right is not binding on the Village, the Board should proceed accordingly. Mr. Arthur Goldner, Arthur Goldner & Associates, 707 Skokie Blvd., Northbrook, Illinois 60062 (847) 291 -4800, was present and sworn in. Mr. Ty Stetzenmeyer, Arthur Goldner & Associates, 707 Skokie Blvd., Northbrook, IL 60062 (847) 291 -4800 was also present and sworn in. Mr. Goldner advised that the agreement is between two parties. The Village is not a party to the agreement. It is an Operating and Easement Agreement that was entered into between the Simon Group, developer of the shopping center, and the Eagle store originally. The developer of eSkape never contacted Arthur Goldner & Associates regarding the proposed signage. They believe that under the agreement, the developer of eSkape needed to contact them and get their approval. He feels that they would have been able to work something out with the developer, however, they do object to the proposed signage. They are asking the Zoning Board to postpone the hearing until they have had a chance to get together with the developer. They object to the size of the signage, the colors of the signage, and they feel it is a departure from what they have had in the past at Town Center. ZONING BOARD OF APPEALS DECEMBER 17, 2002 — PAGE FOUR Mr. Goldner also advised that they do not want the developer to have too much signage since the project was sold on the basis that eSkape is a destination entertainment center. This center would not be the kind of center that someone driving by would have an impulse, because they see a sign, to stop and bowl or have a laser tag party. Therefore, the signage is not as critical as it would be to a more spontaneous type of operation. Ch. Entman asked the Petitioner if he had the opportunity to discuss with Arthur Goldner & Associates and then come back in front of the Board, would that be acceptable. Mr. Feldgreber advised that would be difficult from a timing standpoint. They are still projecting a late January or early February opening. It took about a month and a half to two months to get on the Zoning Board agenda. It is very important for him to get on the Village agenda in January. Sign fabrication can take anywhere between four to six weeks. He would like to get the signage before they open the doors for business. Ch. Entman asked Mr. Bill Raysa, Village Attorney, if the agreement is not binding on the Village and if the Zoning Board can proceed tonight. Mr. Raysa advised that he agreed that the agreement is not binding on the Village and that the agreement is a private agreement or covenant recorded against the property. Ch. Entman advised that the Zoning Board will proceed with the discussion. Ch. Entman stated that he believes that the "eSkape" sign on the south elevation is too big. The Zoning Board has had this issue in the past with the prior tenants (Cub Foods and Eagle Food Stores). The Cub Food sign -being significantly smaller than what is being requested here, was considered too large. He also has an issue with the "Grillworks" sign over the door. He has a problem with most of the signage, except the "Entrance" sign. Ch. Entman asked Mr. Schar if there is an issue of compliance with any type of sign package for Town Center as far as the color schemes or anything similar. Mr. Schar replied that when the sign package was adopted, it was meant to address the signs over the stores, because it gives a particular height and width and mentions store front dimensions. It does not mention anything about a separate building. Again, Ch. Entman reiterated his concern with the size of the "eSkape" sign and the "Grillworks" sign. Also, he is not sure about the two signs on the east elevation. He does agree with the comment that this business is a destination type of business. As such, the need for a certain size or type of sign is diminished. Com. Windecker believes that sixteen by thirty feet (16'x30') is entirely too high. Unless that square footage is reduced from four hundred eighty (480) square feet, he cannot go along with that size and recommend it to the Board of Trustees. As far as the east wall goes, there is a house directly across the street. He confirmed with the Petitioner that the signs on the east will be illuminated. Mr. Feldgreber confirmed that they will be illuminated. Com. Windecker inquired about the hours of operation. Mr. Feldgreber advised the facility would be open until 10:00 P.M. ZONING BOARD OF APPEALS DECEMBER 17, 2002 — PAGE FIVE • or 11:00 P.M. at night Sunday through Com. Windecker asked if the signs on closes. Mr. Feldgreber advised that the during business hours. 7 Thursday and until 2:00 A.M. on Friday and Saturday. the east elevation would be shut off when the facility signs on the east would only be illuminated at night Com. Lesser stated that he has a problem with the "Grillworks" sign on both the south elevation and the east elevation. He has a problem with both signs on the east elevation. He has a problem with the overall scale of the "eSkape" sign on the south elevation as well as the color combinations. He does not think that it fits in with the overall scheme of the center and would not be supportive of the proposed signage. Com. Horwitz stated that he does not see the need for the signs on the east elevation. Traffic on Route 83 will be moving approximately forty -five (45) miles per hour. The proposed signs for the south elevation are also a problem. He has a problem with the colors and the size. He also has a problem with the "Entrance" sign. It does not have the same semidry as the "Grillworks" sign. He does not have a problem with the "Grillworks" sign if the "eSkape" sign is moved over the other doorway and the "Entrance" sign is deleted all together. When he sees the "Entrance" sign and then sees the "Grillworks" sign, he does not know what the entrance is to. He also added that background color on the "eSkape" sign is not harmonious with the rest of the center. Com. Dunn agrees with the comments of the other Commissioners. She indicated that the colors of the "eSkape" signs are not harmonious with the building design and with other signs in the center. Ch. Entman stated that it appears that all of the Commissioners have some or more than one issue with respect to the signage. In summary, there appears to be an issue with the coloring of the "eSkape" sign, the size of the "eSkape" sign, the "Grillworks" sign over the doorway, and issues with both signs on the east elevation. With so many different comments from the Board, they will not be approving what the Petitioner is requesting. He suggested that the Petitioner rethinks some of the signage and then presents the Board with something different. The size has to be reduced. The comment that Commissioner Dunn made regarding the color was accurate because the proposed signs do not fit in with the rest of the center, even though it is a separate building. He would not be willing to approve both signs on the east elevation. He would be willing to approve a sign identifying the name of the business in the appropriate color and scaled down on the east. Mr. Feldgreber responded that the variances being requested are for the size of the signs and the number of signs. The front of the building is two hundred seventy feet (270') by eighteen feet (18'). There is forty eight hundred and sixty (4,860) square feet of frontage. He is asking to take up ten percent (10 %) of that with signage. The sign itself looks large, but when dealing with forty eight hundred (4,800) square feet it is not that large. The Eagle sign at this site was large with more letters and colors, including blue and there were fruits and vegetables on the sign. The Eagle sign was a lot more elaborate. The Cub Food sign was red because their logo happened to be red. ZONING BOARD OF APPEALS DECEMBER 17, 2002 —PAGE SIX Mr. Feldgreber also stated that when there is a forty mile per hour (40 mph) speed limit on Route 83, the sign has to be seen. He has very little exposure on Lake Cook Road. He is allowed a sign that is two feet (2') by eight feet (8') on' a piece of street furniture that is surrounded by trees. Hopefully as people are driving down Lake Cook Road they will have a chance to see his sign on the other end of the parking lot. He is willing to make the sign smaller. The proposed signs were a starting point. The reason why there is an entrance on the left side and Grillworks on the right side, they want everyone to enter on the left side. The restaurant is on the right side. You can enter the restaurant from the concourse in the facility or from the outside. At night, after a certain hour, patrons must be twenty -one (21) years old to enter the restaurant. They had tried different signage, but it did not look right. Town Center has been a tough center through the years. This building in particular, in the last five (5) years has not had a tenant more than a year. He signed a nineteen (19) year lease. If the Board can come to a decision on the signage tonight, he is willing to amend his petition. He is looking for suggestions from the Board. Com. Horwitz asked Mr. Schar what the size of the Cub Foods sign was on the front and side elevations. Mr. Schar advised that the front elevation sign was three hundred twenty two (322) square feet and the side elevation was seventy three (73) square feet. The Guaranty Bank sign came at a later date. Ch. Entman responded that everything the Petitioner stated about the business he cannot argue with. Buffalo Grove and Town Center needs businesses. The signage is large. The Board has a problem with the coloring and the number of signs. The Board will not rewrite the sign proposal. Ch. Entman advised of his concerns as follows: The "eSkape" sign (south elevation) — He has a problem with the size and color. The "Entrance" sign (south elevation) — He does not have a problem with the sign. The "Grillworks" sign (south elevation) — He has a problem with the size. The "eSkape" sign (east elevation) — He has a problem with the size and color. The "Grillworks" sign (east elevation) — He wants to eliminate the sign altogether. Com. Windecker advised that on the east elevation, he would approve one sign. He does not see the need for the "Grillworks" sign on the east. He does not want the "eSkape" sign on the east elevation to exceed seventy five (75) square feet due to the residential proximity across the street. On the front elevation, he has a problem with the purple background and he would not want to see the "S" above the roof line. Com. Horwitz commented that the proposed "eSkape" sign reminds him of Gurnee Mills. He would like to see just one color without any special graphics on the signage. He asked what the logo for the "Grillworks" sign represented. Mr. Feldgreber advised that the lower part under the letters is a grill and the design over the letters is the flame coming from the grill. Com. Horwitz commented that he feels that the "Grillworks" sign is too big. ZONING BOARD OF APPEALS DECEMBER 17, 2002 — PAGE SEVEN Mr. Feldgreber asked the Board to confirm that if the Board wants only one sign on the east elevation and that sign not to exceed seventy five (75) square feet, then no variance would be required for that one sign. Mr. Schar advised that when Melvin Simon was the original developer, they always had color selection choice remain with them. The Village has never had that opportunity, but they have been consistent in always requiring the red color. There is no written criteria in the Village that dictates color. Ch. Entman asked Mr. Schar that if the Petitioner wants to install the one (1) sign within the confines of the ordinance on the east elevation, they can do so in whatever colors they deem appropriate subject to landlord approval or whomever has authority. Mr. Schar advised that the Village would still need to approve the sign. The Village review is a three (3) stage process and if at any time during that process the proposed sign is denied, then the sign would need to be reviewed by the Zoning Board. Mr. Feldgreber advised that his intention is not to put up a wall sign that does not match the front or the side. He asked about the approval of the signs for Binny's and the theater, the colors are not red and there is some art within the copy of the sign. Mr. Schar responded that Melvin Simon evaluated those signs and approved the colors. There was further discussion between the Commissioner's and Mr. Feldgreber pertaining to color and size. Mr. Arthur Goldner asked if the Petitioner could amend his petition on this date and still get a recommendation to go to the Village Board. Ch. Entman advised yes. Mr. Goldner then stated that if the Petitioner satisfied the Commissioner's request relating to size, square footage and height, they would not have a problem if the Petitioner changed the color to all red and could come up with a color for the big "S" that they all think is appropriate. Black or white would be acceptable. Ch. Entman replied that it is possible that if the Petitioner amends on their own or amends based on a suggestion, and the Board votes to recommend it to the Village Board, then that would be an affirmative recommendation. The issue is what the Board can see and what the Board can only image it might look like. The Board prefers to see a revised drawing before voting on the request. Ch. Entman polled the Board on each sign: 1. East elevation: one (1) sign at the seventy five (75) square feet ( "eSkape" sign) — that sign would then go to staff for review. If staff did not approve the proposed sign, then it would be presented to the Zoning Board of Appeals. 2. South elevation: "Entrance" sign — some semidry or scale between the two (2) signs. 3. South elevation: "Grillworks" sign — to reduce the size of the sign by approximately fifty percent (50 %). Mr. Feldgreber stated that he could reduce the size of the flames and grill and ZONING BOARD OF APPEALS DECEMBER 17, 2002 — PAGE EIGHT keep the size of the letters the same. 4. South elevation: "eSkape" sign — scale down the total size of the sign so that the "S" can remain a little larger than the remainder of the letters to keep the unique look of the sign. Com. Lesser suggested to decrease the size or height in order span the width across the frontage. Com. Windecker believes Petitioner needs to rework the entire sign. The background also counts as square footage of the sign, not just the letters. He believes the background should be eliminated. Mr. Feldgreber asked if there is a two (2) color preference, what would the suggested two (2) colors be. Com. Dunn suggested red and white. It seems. to blend in with the white around the two (2) entrances. Mr. Feldgreber asked about red and green. He stated that all the canopies are green, the doors are green and the roof is green. Mr. Arthur Goldner advised that they would prefer white, black or red. Mr. Bill Raysa advised that the Petitioner can table the request and return with a couple of different ideas for the Board to review, or he can ask the Board to vote on his request as submitted with the option to appeal the decision to the Village Board if the request is denied. Mr. Feldgreber advised that he would like to table his request to provide a revised proposal. Com. Windecker made a motion to Table the request of eSkape Entertainment Center, 350 McHenry Road, until the January 21, 2003 Zoning Board of Appeals meeting. Com. Horwitz seconded the motion. Roll Call Vote: AYE — Horwitz, Dunn, Windecker, Lesser, Entman NAY — None ABSTAIN — None Motion to Table Passed 5 to 0. Item will be added to the January 21, 2003 agenda. ANNOUNCEMENTS Ch. Entman wished everyone a Happy Holiday. Trustee Glover wished everyone a Happy Holiday also. ADJOURNMENT Motion to adjourn the Regular Zoning Board of Appeals meeting of Tuesday, December 17, 2002 was made by Corn. Windecker and seconded by Com. Dunn. Voice Vote — AYE was unanimous. Ch. Entman adjourned the meeting at 9:07 P.M.. Submitted by li K ording Secretary ZONING BOARD OF APPEALS DECEMBER 17, 2002 — PAGE NINE �.f.��,.vv�r wss�cr, ��vmarere46e9Y3t `te�asaxtirY�tw. •. , ' �f fa � a �d,,�� � � .�" n, mm �, �` rel� (r�nrtPan[bk�wless,.vLS�Ytm�3, s�fi" IN i N N -16 ft �. a " MOW � "y ..�,„„ -.1 2� R i -xF5 a j .. r y m` 10 "#* STATE OF ILLINOIS ) ss. COUNTY OF COOK ) CERTIFICATE I, Janet M. Sirabian, certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. I further certify that on February 3, 2003 the Corporate Authorities of the Village passed and approved Ordinance No. 2003 -8, entitled AN ORDINANCE GRANTING A VARIATION TO ZONING ORDINANCE, SECTION 17.44.060.E.6, PERTAINING TO TOWN CENTER SIGNS, FOR THE PURPOSE OF INSTALLING WALL SIGNS ON THE SOUTH ELEVATION THAT EXCEED THE HEIGHT, NUMBER AND SIZE PERMITTED -which provided by its terms that it should be .published in pamphlet form. The pamphlet form of Ordinance No. 2003 -8, including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall, February 4, 2003 and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of Village Clerk. Dated at Buffalo Grove, Illinois, this 4th day of February, 2003. Vil e Clerk l/u B N ORDINANCE NO. 2003- 8 GRANTING A VARIANCE FROM SECTION 17.44.060 OF THE BUFFALO GROVE ZONING ORDINANCE (eSkape Entertainment Center) WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, eSkape Entertainment Center has requested a variation from Section 17.44.060.E.6. of the Buffalo Grove Zoning Ordinance pertaining to signs in the B -5 Town Center Planned District, for the purpose of installing wall signs that exceed the requirements of said section; 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 variation is in harmony with the general purpose and intent of the Zoning Ordi- nance, and that (1) the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the B -5 District, and (2) the plight of the owners is due to unique circumstances and (3) the proposed variation will not alter the essential character of the neighborhood, . NOW, THEREFORE, BE IT ORDAIXED EY 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. 1 01 Section 2. A variation is hereby granted to Section 17.44.060.E.6. of the Village Zoning Ordinance to the property commonly known as 350 McHenry Road and legally described on Exhibit "A" hereto. The specific variation will allow the installation of: a. One "eSkape" wall sign not to exceed eleven (11) feet in height and not to exceed two hundred ninety one point five (291.5) square feet, b. One "Grillworks" wall sign not to exceed six point seven (6.7) feet in height by sixteen (16) feet in width, and c. One "Entrance" wall sign not to exceed two (2) feet in height by sixteen (16) feet in width. All signs to be installed pursuant to the Zoning Board of Appeals revised Exhibit "E -1." Section 3. This Ordinance shall be in effect from and after its passage and approval. This Ordinance shall not be codified. AYES: 6 - Braiman Glover Berman. Johnson, Kahn, Trilling NAPES: 0 - None ABSENT: 0 - None PASSED: February 3 , 2003. APPROVED: Febr,arX 3 , 2003. ATTEST: Villa Jerk APPROVED:: Village President 2 IV EXHIBIT A Legal Description: Lot 2 in Buffalo Grove Town Center Unit 8, being a Resubdivision of Lot 2 in Buffalo Grove Town Center Unit 5, in the Southwest' /4 of Section 33, Township 43 North, Range 11, East of the Third Principal Meridian, according to the Plat of Resubdivision recorded July 24, 1998 as Document 4173676, in Lake County, Illinois.