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2010-044ORDINANCE NO. 2010 -44 GRANTING VARIATIONS FROM CERTAIN SECTIONS OF THE BUFFALO GROVE SIGN CODE Quality Car Center and Car Wash at 55 Dundee Road WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the real property ( "Property ") hereinafter legally described is zoned in the B -1 Business District, is owned by EDR Unique, LLC., an Illinois limited liability company ( "Owner ") for which Regina Melman is the manager, is commonly known as 55 Dundee Road, and is occupied by a business known as Quality Car Center and Car Wash; and, WHEREAS, Robert Kuhlman is the lessee of the Property and is the successor operator of the car repair and car wash business on the Property; and WHEREAS, the Owner's predecessor in title and Robert Kuhlman have petitioned for variations of the Village Sign Code to allow re- facing the existing ground sign on the west side of the Property; and, WHEREAS, said ground sign is proposed to include a two -sided LED digital display, regulated by the Village Sign Code as a "changeable copy sign;" and, WHEREAS, the requested variations of the Village Sign Code are as follows: Section 14.20.030, pertaining to Business Districts; Section 14.20.070, pertaining to Ground Signs, and Section 14.40.025, pertaining to changeable copy signs; and, WHEREAS, the Zoning Board of Appeals held a public hearing which concluded on June 15, 2010, received testimony, prepared minutes, made certain findings, and made an affirmative recommendation on the said request for variations for the Quality Car Center /Car Wash ground sign; and WHEREAS, the Corporate Authorities of the Village of Buffalo Grove, hereby determine and find that the variations requested for the ground sign are in harmony with the general purpose and intent of the Sign Code (Title 14 of the Buffalo Grove Municipal Code) , and that (1) the requirements of the Sign Code would cause undue and unnecessary hardship to the sign user because of unique or unusual conditions pertaining to the property, (2) the granting 0 0 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 the Sign Code 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 and made a part hereof. Section 2. Variations are hereby granted to Sections 14.20.030, 14.20.070, and 14.40.025 of the Village Sign Code, Title 14 of the Buffalo Grove Municipal Code, for the purpose of allowing a ground sign on the west side of the property located three (3) feet from the west property line and less than two hundred fifty (250) feet from an existing ground sign located at 105 Dundee Road on the same side of the street, a portion of which sign will be an LED digital display, for the Property legally described as follows: The east 120 feet of the west 353 feet (except the south 350 feet) of the north half of the northeast quarter of the northwest quarter of Section 9, Township 42 north, Range 11, east of the Third Principal Meridian, in Cook County, Illinois. Commonly known as: 55 Dundee Road, Buffalo Grove, Illinois 60089 Section 3. The variations are subject to the following conditions: A. The sign is to be installed in accordance with Zoning Board of Appeals Exhibit "E2" which is attached hereto as Exhibit `B." B. The variations approved herein are only granted to Robert Kuhlman and Regina Melman or their successors or assigns for operating as a car repair /car wash center and shall not run with the land. C. The sign shall be operated in accordance with the requirements and standards set forth in Exhibit "C" attached hereto. 0 D. All non- permitted signs on the Property shall be removed prior to the Village issuing a sign permit for the subject sign. E. Any future proposed changes to the sign face (excluding the LED digital display) depicted on Exhibit B may be administratively approved by the Village Staff by means of a Village permit. Section 4. This Ordinance shall be in full force and effect from and after its passage, and approval, subject to execution by EDR Unique, LLC and Robert Kuhlman of the Acceptance and Consent Agreement attached hereto as Exhibit A, incorporated herein and made a part hereof and the filing of said Acceptance and Consent Agreement with the Village prior to the issuance of any Village permit for the subject sign. This Ordinance shall not be codified. AYES: 6 — Braiman, Glover, Berman, Trilling, Stone, Sussman NAYS: 0 — None ABSENT: 0 — None PASSED: July 26 , 2010. APPROVED: July 26 2010. ATTEST: Vil ge Clerk This document was prepared by: Brian Sheehan, DBC /Operations Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 APPROVED: rillage President Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 0 EXHIBIT A 0 ACCEPTANCE AND CONSENT AGREEMENT The undersigned, EDR Unique, LLC and Robert Kuhlman, do hereby accept and agree to abide by the provisions, requirements, and conditions contained within Village Ordinance No. 2010 - 044 and do hereby acknowledge that the fulfillment of such provisions, requirements, and conditions is essential to the grant and continuance of the sign variations allowed therein and that but for the imposition of such provisions, requirements, and conditions, the sign variations would not have been granted. The commitment herein made by the undersigned shall be enforceable by the Village of Buffalo Grove, Illinois, in a court of law or in equity in addition to any and all other remedies available to the Village to secure compliance with the provisions, requirement, and conditions agreed to herein. Robert Kuhlman ND SWORN TO day of 010. w1,..9 VV. 10� Notary Pub c J " OFFICIAAL SEAL" OWNER: EDR Unique, LLC StNU "Mf MAA `� FAY RUSIN 1 kQt COMMISSION EXPIRES: 0112V12 ( rA By' Ree'na Melman - Manager SUBSCRIBED AND SW9RN TO before me this/ day of Y _v A 201P. "OFFICIAL SEAL" PMUC FAY ROBIN COMMISSION EXPIRES: 01M4112 4 9 EXHIBIT F,"iiarr—.L, ZONING BOARD OF APPEALS FXHIBIT 5 EXHIBIT C LED DIGITAL DISPLAY SIGN OPERATION REQUIREMENTS Quality Car Center 55 Dundee Road, Buffalo Grove, IL 1. No more than three (3) lines of nine and one quarter (9.25) inch character text shall be used at any one time on the LED digital display sign. 2. The LED digital display portion of the sign shall be a single color of Red. 3. Changes shall occur no more than once every thirty (30) seconds. All changes shall be instantaneous and shall not use any fading, moving or any other text/image change techniques that simulate movement. 4. The sign shall not have a light intensity of greater than a nit' level of 11,000 during the daylight hours and a nit level of no more than 750 from anytime of operation prior to sunrise and anytime of operation after sunset. The sign shall only be illuminated during the hours of 6:00 a.m. to 11:00 p.m. 5. The sign shall not display any video, animation or moving pictures or simulate any movement or the optical illusion of movement of any part of the sign text, design or pictorial segment, including the movement of any illumination or the flashing or varying of light intensity. 6. The sign shall not be used to advertise any product or service other than the products and services provided at the property which are car repair and car wash. Events and notices to promote a civic event or a Federal Holiday may be posted with the advance approval of the Village of Buffalo Grove. 1. NOTE: "nit' is a unit of measurement pertaining to luminance or "brightness." Luminance is specified in candelas per square meter (Cd/m2) or nits.