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2006-042ORDINANCE NO. 2006- 42 0 GRANTING VARIANCES FROM SECTIONS 14.32.040 AND 14.40.145 OF THE BUFFALO GROVE SIGN CODE Hamilton Partners, Inc., 301 North Riverwalk Drive WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, Hamilton Partners, Inc., on behalf of Riverwalk Preserve, LLC, the owner of the property commonly known as 301 North Riverwalk Drive, and hereinafter legally described, has requested variations from Section 14.32.040, pertaining to For Rent, Sale, or Lease Signs, and Section 14.40.145, pertaining to Off - Premise signs, of the Buffalo Grove Sign Code, for the purpose of allowing two (2) leasing signs to be located along Milwaukee Avenue for 301 North Riverwalk Drive. The Application for Variation is for one sign to be located on the northeast portion of the intersection of Lake Cook Road and Milwaukee Avenue and one sign to be located on the north side of the roadway directly across Milwaukee Avenue from Chevy Chase Drive. Each proposed sign would exceed the size permitted and would be located closer to the property line than the height of the sign; and WHEREAS, the Zoning Board of Appeals has held a public hearing, received testimony, prepared minutes, made certain findings and conclusions, 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 Title 14, Sign Code, of the Buffalo Grove Municipal Code, and that (1) the requirements 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 1 0 0 of Title 14 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 as if fully set forth herein. Section 2. Variations are hereby granted to Sections 14.32.040 and 14.40.145 of the Buffalo Grove Municipal Code to the property legally described as follows: MULTI - FAMILY PARCEL: THAT PART OF BLOCKS 1, 4 AND 5, TOGETHER WITH THAT PART OF MERCIER AVENUE, LOYOLA AVENUE, LONG BEACH DRIVE AND FRONTENAC PLACE IN COLUMBIAN GARDENS UNIT NO. 2, BEING A SUBDIVISION OF PART OF SECTION 35, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1926 AS DOCUMENT 282352, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTHWESTERLY LINE OF SAID BLOCK 4, SAID POINT BEING NORTH 25 DEGREES 26 MINUTES 41 SECONDS WEST, 421.21 FEET FROM THE INTERSECTION OF THE NORTHERLY LINE OF RIVERWALK DRIVE IN RIVERWALK - UNIT 2, BEING A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED JULY 17, 1997 AS DOCUMENT 3994620, WITH THE WESTERLY LINE OF SAID BLOCK 6, SAID INTERSECTION BEING THE NORTHWEST CORNER OF SAID RIVERWALK DRIVE IN THE PLAT OF RIVERWALK - UNIT 2, AFORESAID; THENCE SOUTH 89 DEGREES 43 MINUTES 53 SECONDS EAST ALONG A LINE HEREINAFTER REFERRED TO AS LINE 'B," 326.98 FEET TO A POINT OF BEGINNING (SAID LINE "B° BEING A STRAIGHT LINE DRAWN FROM SAID LAST DESCRIBED POINT OF BEGINNING TO A POINT ON THE EASTERLY LINE OF SAID LONG BEACH DRIVE BEING NORTH 07 DEGREES 55 MINUTES 12 SECONDS EAST, 463.55 FEET FROM THE POINT OF INTERSECTION OF THE EAST LINE OF SAID BLOCK 6, BEING ALSO THE WESTERLY LINE OF SAID LONG BEACH DRIVE, WITH THE NORTHERLY LINE OF RIVERWALK DRIVE IN RIVERWALK - UNIT 2, AFORESAID); THENCE NORTH 00 DEGREES 16 MINUTES 07 SECONDS EAST, 270.00 FEET; THENCE NORTH 11 DEGREES 02 MINUTES 29 SECONDS WEST, 40.79 FEET TO A LINE 310.00 FEET, AS MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH SAID LINE "B "; THENCE NORTH 89 DEGREES 43 MINUTES 53 SECONDS WEST ALONG SAID LAST DESCRIBED PARALLEL LINE, 365.08 FEET; THENCE SOUTH 68 DEGREES 43 MINUTES 26 SECONDS WEST, 79.30 FEET; THENCE NORTHWESTERLY ALONG A CURVED LINE CONVEX NORTHEASTERLY AND HAVING A RADIUS OF 950.41 FEET, AN ARC DISTANCE OF 324.00 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID COLUMBIAN GARDENS UNIT NO. 2 (THE CHORD OF SAID ARC BEARS NORTH 31 DEGREES 02 MINUTES 32 SECONDS WEST, 322.43 FEET); THENCE NORTH 87 DEGREES 27 MINUTES 27 SECONDS EAST ALONG THE NORTH LINE OF SAID COLUMBIAN GARDENS UNIT NO. 2, 886.38 FEET TO THE EASTERLY LINE OF LONG BEACH DRIVE; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LONG BEACH DRIVE, BEING A CURVED LINE CONVEX EASTERLY AND HAVING A RADIUS OF 849.60 FEET, AN ARC DISTANCE OF 143.26 FEET TO A POINT OF COMPOUND CURVATURE IN SAID LINE (THE CHORD OF SAID ARC BEARS SOUTH 03 DEGREES 58 MINUTES 31 SECONDS EAST, 143.10 FEET); THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LONG BEACH DRIVE, BEING A CURVED LINE CONVEX EASTERLY AND HAVING A RADIUS OF 691.71 FEET, AN ARC DISTANCE OF 87.93 FEET TO A POINT OF TANGENCY IN SAID LINE (THE CHORD OF SAID ARC BEARS SOUTH 04 DEGREES 29 MINUTES 50 SECONDS WEST, 87.87 FEET); THENCE SOUTH 08 DEGREES 08 MINUTES 21 SECONDS WEST ALONG THE EASTERLY LINE OF SAID LONG BEACH DRIVE, 64.68 FEET TO A POINT OF CURVATURE IN SAID LINE; THENCE SOUTHWESTERLY ALONG THE EASTERLY LINE OF SAID LONG BEACH DRIVE, BEING A CURVED LINE CONVEX SOUTHEASTERLY AND HAVING A RADIUS OF 2149.60 FEET, AN ARC DISTANCE OF 312.55 FEET TO A POINT ON SAID EASTERLY LINE OF LONG BEACH DRIVE BEING NORTH 07 DEGREES 55 MINUTES 12 SECONDS EAST, 463.55 FEET FROM THE INTERSECTION OF THE EAST LINE OF SAID BLOCK 6, BEING ALSO THE WESTERLY LINE OF SAID LONG BEACH DRIVE, WITH THE NORTHERLY LINE OF RIVERWALK DRIVE IN RIVERWALK - UNIT 2, AFORESAID (THE CHORD OF SAID LAST DESCRIBED ARC BEARS SOUTH 12 DEGREES 18 MINUTES 16 SECONDS WEST, 312.28 FEET); THENCE NORTH 89 DEGREES 43 MINUTES 53 SECONDS WEST, 201.05 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. (CONTAINING 292,929 SQUARE FEET OR 6.7247 ACRES) for the purpose of allowing two (2) leasing signs to be located along Milwaukee Avenue for 301 North Riverwalk Drive. One sign to be located on the northeast portion of the intersection of Lake Cook Road and Milwaukee Avenue. The second sign to be located on the north side of the roadway directly across Milwaukee Avenue from Chevy Chase Drive. The proposed sign located at Lake Cook Road and Milwaukee Avenue would exceed the size permitted and would be located closer to the property line than the height of the sign. Section 3. The variances are subject to the conditions: A. The northerly sign shall not be greater than six feet by eight feet (6' x 8') and the "Turn Now — Lease Today" copy on the north face of the sign shall be removed. B. The southerly sign shall not be greater than nine feet by twelve feet (9' x 12'). C. Subject to the Village Engineer's memorandum dated July 6, 2006. D. The base of both signs shall be landscaped. E. Review of the leasing signs shall be conducted at the January 2007 Zoning Board of Appeals meeting. Section 4. This Ordinance shall be in effect from and after its passage and approval. This Ordinance shall not be codified. AYES: 5 - Braiman, Glover, Berman, Kahn Trilling NAYES: 0 - None ABSENT: 1 - Rubin PASSED: August 7 2006. APPROVED: August 7 2006. ATTEST: Village Clerk 3 APPROVED: Village President STATE OF ILLINOIS ) COUNTY OF COOK ) ss. 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 fturther certify that on August 7, 2006, the Corporate Authorities of the Village passed and approved Ordinance No. 2006 -42 entitled: AN ORDINANCE GRANTING VARIATIONS TO CERTAIN SECTIONS OF THE VILLAGE'S SIGN ORDINANCE FOR HAMILTON PARTNERS, 301 NORTH RIVERWALK DRIVE p rovided by its terms that it should be published in pamphlet form. The Pamphlet form of Ordinance No. 2006 -42, including the Ordinance and a sheet thereof, was Prepared, and a copy of such Ordinance was August 8, 2006 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 8th day of August, 2006. r Village Cl ] �� B Y ORDINANCE NO. 2006- 42 GRANTING VARIANCES FROM SECTIONS 14.32.040 AND 14.40.145 OF THE BUFFALO GROVE SIGN CODE Hamilton Partners, Inc., 301 North Riverwalk Drive WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, Hamilton Partners, Inc., on behalf of Riverwalk Preserve, LLC, the owner of the property commonly known as 301 North Riverwalk Drive, and hereinafter legally described, has requested variations from Section 14.32.040, pertaining to For Rent, Sale, or Lease Signs, and Section 14.40.145, pertaining to Off - Premise signs, of the Buffalo Grove Sign Code, for the purpose of allowing two (2) leasing signs to be located along Milwaukee Avenue for 301 North Riverwalk Drive. The Application for Variation is for one sign to be located on the northeast portion of the intersection of Lake Cook Road and Milwaukee Avenue and one sign to be located on the north side of the roadway directly across Milwaukee Avenue from Chevy Chase Drive. Each proposed sign would exceed the size permitted and would be located closer to the property line than the height of the sign; and WHEREAS, the Zoning Board of Appeals has held a public hearing, received testimony, prepared minutes, made certain findings and conclusions, 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 Title 14, Sign Code, of the Buffalo Grove Municipal Code, and that (1) the requirements 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 1 of Title 14 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 as if fully set forth herein. Section 2. Variations are hereby granted to Sections 14.32.040 and 14.40.145 of the Buffalo Grove Municipal Code to the property legally described as follows: MULTI - FAMILY PARCEL: THAT PART OF BLOCKS 1, 4 AND 5, TOGETHER WITH THAT PART OF MERCIER AVENUE, LOYOLA AVENUE, LONG BEACH DRIVE AND FRONTENAC PLACE IN COLUMBIAN GARDENS UNIT NO. 2, BEING A SUBDIVISION OF PART OF SECTION 35, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1926 AS DOCUMENT 282352, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTHWESTERLY LINE OF SAID BLOCK 4, SAID POINT BEING NORTH 25 DEGREES 26 MINUTES 41 SECONDS WEST, 421.21 FEET FROM THE INTERSECTION OF THE NORTHERLY LINE OF RIVERWALK DRIVE IN RIVERWALK - UNIT 2, BEING A SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED JULY 17, 1997 AS DOCUMENT 3994620, WITH THE WESTERLY LINE OF SAID BLOCK 6, SAID INTERSECTION BEING THE NORTHWEST CORNER OF SAID RIVERWALK DRIVE IN THE PLAT OF RIVERWALK - UNIT 2, AFORESAID; THENCE SOUTH 89 DEGREES 43 MINUTES 53 SECONDS EAST ALONG A LINE HEREINAFTER REFERRED TO AS LINE "B," 326.98 FEET TO A POINT OF BEGINNING (SAID LINE "B" BEING A STRAIGHT LINE DRAWN FROM SAID LAST DESCRIBED POINT OF BEGINNING TO A POINT ON THE EASTERLY LINE OF SAID LONG BEACH DRIVE BEING NORTH 07 DEGREES 55 MINUTES 12 SECONDS EAST, 463.55 FEET FROM THE POINT OF INTERSECTION OF THE EAST LINE OF SAID BLOCK 6, BEING ALSO THE WESTERLY LINE OF SAID LONG BEACH DRIVE, WITH THE NORTHERLY LINE OF RIVERWALK DRIVE IN RIVERWALK - UNIT 2, AFORESAID); THENCE NORTH 00 DEGREES 16 MINUTES 07 SECONDS EAST, 270.00 FEET; THENCE NORTH 11 DEGREES 02 MINUTES 29 SECONDS WEST, 40.79 FEET TO A LINE 310.00 FEET, AS MEASURED AT RIGHT ANGLES, NORTH OF AND PARALLEL WITH SAID LINE "B "; THENCE NORTH 89 DEGREES 43 MINUTES 53 SECONDS WEST ALONG SAID LAST DESCRIBED PARALLEL LINE, 365.08 FEET; THENCE SOUTH 68 DEGREES 43 MINUTES 26 SECONDS WEST, 79.30 FEET; THENCE NORTHWESTERLY ALONG A CURVED LINE CONVEX NORTHEASTERLY AND HAVING A RADIUS OF 950.41 FEET, AN ARC DISTANCE OF 324.00 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID COLUMBIAN GARDENS UNIT NO. 2 (THE CHORD OF SAID ARC BEARS NORTH 31 DEGREES 02 MINUTES 32 SECONDS WEST, 322.43 FEET); THENCE NORTH 87 DEGREES 27 MINUTES 27 SECONDS EAST ALONG THE NORTH LINE OF SAID COLUMBIAN GARDENS UNIT NO. 2, 886.38 FEET TO THE EASTERLY LINE OF LONG BEACH DRIVE; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LONG BEACH DRIVE, BEING A CURVED LINE CONVEX EASTERLY AND HAVING A RADIUS OF 849.60 FEET, AN ARC DISTANCE OF 143.26 FEET TO A POINT OF COMPOUND CURVATURE IN SAID LINE (THE CHORD OF SAID ARC BEARS SOUTH 03 DEGREES 58 MINUTES 31 SECONDS EAST, 143.10 FEET); THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LONG BEACH DRIVE, BEING A CURVED LINE CONVEX EASTERLY AND HAVING A RADIUS OF 691.71 FEET, AN ARC DISTANCE OF 87.93 FEET TO A POINT OF TANGENCY IN SAID LINE (THE CHORD OF SAID ARC BEARS SOUTH 04 DEGREES 29 MINUTES 50 SECONDS WEST, 87.87 FEET); THENCE SOUTH 08 DEGREES 08 MINUTES 21 SECONDS WEST ALONG THE EASTERLY LINE OF SAID LONG BEACH DRIVE, 64.68 FEET TO A POINT OF CURVATURE IN SAID LINE; THENCE SOUTHWESTERLY ALONG THE EASTERLY LINE OF SAID LONG BEACH DRIVE, BEING A CURVED LINE CONVEX SOUTHEASTERLY AND HAVING A RADIUS OF 2149.60 FEET, AN ARC DISTANCE OF 312.55 FEET TO A POINT ON SAID EASTERLY LINE OF LONG BEACH DRIVE BEING NORTH 07 DEGREES 55 MINUTES 12 SECONDS EAST, 463.55 FEET FROM THE INTERSECTION OF THE EAST LINE OF SAID BLOCK 6, BEING ALSO THE WESTERLY LINE OF SAID LONG BEACH DRIVE, WITH THE NORTHERLY LINE OF RIVERWALK DRIVE IN RIVERWALK - UNIT 2, AFORESAID (THE CHORD OF SAID LAST DESCRIBED ARC BEARS SOUTH 12 DEGREES 18 MINUTES 16 SECONDS WEST, 312.28 FEET); THENCE NORTH 89 DEGREES 43 MINUTES 53 SECONDS WEST, 201.05 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. (CONTAINING 292,929 SQUARE FEET OR 6.7247 ACRES) for the purpose of allowing two (2) leasing signs to be located along Milwaukee Avenue for 301 North Riverwalk Drive. One sign to be located on the northeast portion of the intersection of Lake Cook Road and Milwaukee Avenue. The second sign to be located on the north side of the roadway directly across Milwaukee Avenue from Chevy Chase Drive. The proposed sign located at Lake Cook Road and Milwaukee Avenue would exceed the size permitted and would be located closer to the property line than the height of the sign. Section 3. The variances are subject to the conditions: A. The northerly sign shall not be greater than six feet by eight feet (6' x 8') and the "Turn Now — Lease Today" copy on the north face of the sign shall be removed. B. The southerly sign shall not be greater than nine feet by twelve feet (9' x 12'). C. Subject to the Village Engineer's memorandum dated July 6, 2006. D. The base of both signs shall be landscaped. E. Review of the leasing signs shall be conducted at the January 2007 Zoning Board of Appeals meeting. Section 4. This Ordinance shall be in effect from and after its passage and approval. This Ordinance shall not be codified. AYES: 5 - Braiman, Glover, Berman, Kahn, Trilling NAYES: 0 - None ABSENT: 1 - Rubin PASSED: August 7 , 2006. APPROVED: August 7 , 2006. ATTEST: Village Clerk 3 APPROVED: Village President