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2013-08-19 - Ordinance 2013-050 - GRANTING VARIATIONS FROM CERTAIN SECTIONS OF THE BG SIGN CODE, CAMBRIDGE COMMONS SHOPPING CENTER7/23/2013 0 0 ORDINANCE NO. 2013-50 GRANTING VARIATIONS FROM CERTAIN SECTIONS OF THE BUFFALO GROVE SIGN CODE Cambridge Commons Shopping Center at 15 -45 E. 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 -2 Business District and is commonly known as Cambridge Commons Shopping Center at 15- 45 E. Dundee Road, Buffalo Grove, Illinois; and WHEREAS, request was made by 14 Dundee, LLC on behalf of Svigos Asset Management, 580 N. Bank lane, Lake Forest, Illinois ( "Petitioner "), for variance of the Village's Sign Code, Section 14.16.030, pertaining to Business Districts; Section 14.16.060, pertaining to Ground Signs; and Section 14.20.070, pertaining to Electronic Message Signs, for the purpose of allowing a new ground sign that would include a LED digital display at the Cambridge Commons Shopping Center at 15 -45 E. Dundee Road; and WHEREAS, the Zoning Board of Appeals held a public hearing at which it received testimony on the requested variations; and WHEREAS, the Zoning Board of Appeals made certain findings of fact, made a negative recommendation for the variations, and prepared minutes of the public hearing; and WHEREAS, the Petitioner appealed the Zoning Board of Appeals negative recommendation to the Corporate Authorities; and WHEREAS, the Corporate Authorities of the Village of Buffalo Grove at the Village Board meeting on July 15, 2013, heard testimony from the Petitioner, over turned the negative recommendation from the Zoning Board of Appeals; and WHEREAS, the Corporate Authorities hereby determine and find that the requested sign variations 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 due to the unique or unusual conditions 1 0 0 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 objectives 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 14.16.030, 14.16.060, and 14.20.070 of the Village Sign Code (Title 14 of the Buffalo Grove Municipal Code) for the purpose of allowing a new ground sign that would include a LED digital display for the Property located at Cambridge Commons Shopping Center at 15 -45 E. Dundee Road which is legally defined as follows: Parcel 1: Lots 1 and 2 in Willowmere Subdivision of part of the northeast '/ of the northwest '/ of Section 9, Township 42 north, Range 11, east of the Third Principal Meridian, in Cook County, Illinois, and Parcel 2: Lot 3 in Willowmere Subdivision of part of the northeast `/ of the northwest '/ of Section 9, Township 42 north, Range 11, east of the Third Principal Meridian, in Cook County, Illinois. Section 3. The variations are subject to the following conditions: 1. The sign is to be located pursuant to the written directions of the Village Engineer; 2. The sign shall be installed pursuant to Exhibit "H"; 3. Subject to the Appearance Review Team (ART) minutes dated May 9, 2013; 4. The sign shall be limited to a display of on- premises activity only, plus date, time, temperature, and community event information; 5. Transition from one message to another shall be instantaneous, without movement or other transition effects between messages; 6. Messages, including single and multiple lines of text, shall not change more frequently than once every 20 seconds; 7. The sign shall not display any video, animation or moving pictures or simulate any 2 0 11 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; 8. The sign shall be equipped with both a programmed dimming sequence as well as an additional overriding mechanical photocell that adjusts the brightness of the display to the ambient light at all times of day. Such programming and mechanical equipment shall be set so that the Electronic message sign, at night or in overcast conditions, will be no more than 40% of the daytime brightness level; 9. The sign shall be extinguished at the close of business to which the Electronic message sign relates. Signs shall be extinguished from 11:00 pm to 6:00 a.m., except for businesses licensed to operate later than 11:00 p.m.; and 10. The sign shall be equipped to override commercial messages for emergency situations such as an "Amber Alert" or other such acute public emergencies, but such 'override" authority for public emergencies shall not exceed 48 total hours within any 2 week period, unless approved by the property owner. The owner of the sign shall cooperate with the Village of Buffalo Grove in order to allow the Village of Buffalo Grove to exercise its override authority. Section 4. This Ordinance shall be in full force and effect from and after its passage, and approval. This Ordinance shall not be codified. AYES: 5- Berman, Trilling, Sussman, Terson, Stein NAYES: 0- None ABSENT: 1- Ottenheimer PASSED: August 19, 2013. APPROVED: August 19, 2013. ATTEST: � . sjyu cG ry "' Village Clerk TresslefTark Ridgel#99042