1971-07-07 - Plan Commission - Minutes •
MINUTES OF THE MEETING OF THE
PLANNING COMMISSION OF
THE VILLAGE OF BUFFALO GROVE
HELD ON JULY 7 , 1971
The regular meeting of the Buffalo Grove Plan
Commission was called to order by the Chairman, Mr. Merrill
Hoyt, at 10 :00 PM, July 7 , 1971, following a Public Hearing.
Members present : Chairman Hoyt, Messrs . Berth,
Genrich, Guidotti , Haarr, Gamm, Fader, Yost and Mrs . Spence.
Members absent: Messrs. Margolin and Mendenhall .
Chairman Hoyt suggested 'the agenda be varied to •take up
as first order of business a decision on annexation of
Stenholm property.
Mr. Yost questioned the 10 ft. public utilities ease-
ment running through the Stenholm property.
Mr. Sabin declared that there are no public utilities
in the easement , having been vacated by the Edison and
Telephone Companies and that a copy of a Petition to that
effect had been received in his office . The Chairman
requested a photostat of such Petition, and Mr. Sabin
assured Plan Commission that the original had been filed.
Mr . Genrich suggested that if the annexation were to
be approved at this particular meeting, the Plan Commission
and Village Board should do everything possible to promote
development of this property in connection with that of
adjoining property owners , thereby resulting in development
on a larger scale. ,
A motion was then made that Plan Commission recommends
the Village Board approve the adoption of a Statement of
Policy, encouraging all adjacent property owners and
developers to join together in creating the development
of parcels of property on ' a larger scale .
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Results of roll call vote . as follows : •
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July 7 , 1971
Page 2 .
Mr. Genrich )
Mr. Guidotti )
• Mr. Haarr )
Mr. Gamm )
Mrs . Spence ) YES Mr. Yost - NO,
-Mr. Fader )
�./ Mr. Berth )
Mr. Hoyt )
4r.
Motion carried 8 to 1 , and Mr. Genrich was asked to
prepare a Statement of Policyfor all future annexations .
P
Mr. Haarr made a motion that Plan Commission recommends
the Village Board approve the request for annexation and
B-1 Zoning, as amended by the Petitioner, to delete the
request for a Variance on the eastern boundary and to
covenant to maintain a green area of 20 ft. across the
southern portion of the property. Motion seconded, carried 1.
unanimously. • .
Mr. Genrich asked if .a 20 ft. rear yard was adequate ,
suggesting it could possibly be more. Mr. Guidotti stated i
that a 20 ft. rear yard is what Ordinance actually calls
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for.
Mr. Yost called attention to his suggestion made during
previous public hearing meeting, asking for the restriction .
• of a 30 ft. sideyard requirement rather than being tied
down to 20 ft. because of houses in the area having a
100 ft. frontage.
Mr. Haarr pointed out that presently the sideyard is
merely being referred to as such because building plans as
yet have not been provided.
Mr. Genrich suggested that Plan Commissioners consider
the more valuable portion of property facing Dundee Rd. ,
being mindful that in the back area there is a tendency to
encroach upon residential area, while the valuable Dundee Rd.
frontage should be used to its best advantage , and further
questioned the possibility of doing away with the 10 ft.
side set-back requirement on, Dundee Rd. Mr. Fader suggested
leaving the figure open until further plans indicating how
area will be developed have been provided. The Chairman
voiced reluctance to suggest an amendment to this effect, .
not realizing what legal effect it would have.
With reference to motion made earlier by Mr. Haarr
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July 7 , 1971
Page 3.
regarding Plan Commission's request for annexation and B-i
Zoning, Mr. Haarr agreed to change the motion to include ,
"a minimum of 20 ft. green area, to be maintained at the
southern portion of the property. "
Recall vote on motion as amended:
Mr. Guidotti )
Mr. Haarr ) __YES Mr. Genrich ) // i3s"Tfii/j/
Mrs. Spence ) Mr. Fader ) ---NO Mr. Gamm ) ___�T
Mr. Yost ) Mr . Hoyt. ) Mr . Berth )
Motion carried, 4 to 3.
Mr. Berth questioned the voting results , referring to
Section 3, Article IV of BY-LAWS regarding majority of votes .
Chairman Hoyt pointed out that "Absent" does not constitute
a vote cast and again stated that motion carried, 4 to 3 .
Since this was a major issue, the three people who voted "No",
were asked to get together and prepare a draft indicating
their reasons for voting "No."
Old Business :
Mr. Guidotti noted an error in typing final copy of •
• Planned Development Ordinance, in which a paragraph intended
for deletion had been included. It was suggested that final.
corrections be deferred, pending outcome of review by the
Village Board of such Ordinance.
Communications and Bills :
Consideration was given to final plans of the movie
theater , Mr. Haarr having presented Site Plans to Mr. Bill
Dettmer along with a list requesting the following items :
(1) Location of loading berth,, (2) Slide south parking
spaces to get 12 ft. at west end of them, (3) Names of
owners and certification by a licensed surveyor, (4) Four
permanent concrete monuments on the south boundary corners ,
(5) Other corners - iron pipes and (6) Room for approval
of Plan Commission and Village Board. Site Plans , along
with changes requested above, to be returned to Mr. Haarr.
A motion was made by Mr. Hoyt that Plan Commission
recommends the Village Board approve a Plat of Dedication
of a piece of road VØfl Buffalo Grove Rd. just east of the ,
July 7, 1971•
Page 4.
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Ranch Mart property (said Plat having been approved by
the Village Attorney with assurance that it is in accordance
with all Ordinances) . Motion seconded by Mr. Haarr, carried
unanimously.
Reports of Officers and Committees : - None.
New Business : es47;
Comm' sioners were asked to//consider a request for
re-zoning fl an automobile se -L= ti^n , located at the • •
corner of Arlington Heights Rd. and Dundee Rd. , currently
zoned under B-3 to be re-zoned under B-4 . Area covers
' approximately 403 ft. by 820 ft. '
Mr. Berth referred Commissioners to Section 4 . 1-1d,
pp. 89 and 90 of BUFFALO GROVE ZONING ORDINANCE and questioned
the necessity of re-zoning under B-4 when property is
already B-3 planned, adding that he was not opposed to
re-zoning but felt that Commission would have more control
over B-3 Zoning than B-4 . It was determined that B-3
Zoning was more restrictive overall ; however, Mr. Haarr
pointed out that B-4 contains stiicter yard requirements .
A motion was made to refer the problem to Mr. Raysa, with
special emphasis on the possibility of retaining the auto-
mobile Service Station under B-3 Zoning rather than re-
zoning under B-4 . Motion seconded, carried unanimously.
A motion was made by Mr. Hoyt that Plan Commission
recommends the Village Board approve a request for $500 . 00
for the use and obtaining the services of a secretary, and
an additional $500 .00 to be used for setting up a fund,
covering payment of fees for various seminars , etc. , which
would enable Plan Commissioners to better serve the Village
of Buffalo Grove. Motion seconded by Mr. Haarr, carried
unanimously.
Motion was made by Mr. Berth that Plan Commission
recommends the Village Board reappoint Mrs . Betty Spence
to the Plan Commission for a term of one year. Motion
seconded by Mr. Genrich, carried unanimously.
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July 7 , 1971
Page S .
Adjournment: •
Mr. Yost made a motion to adjourn, seconded by Mr.
Guidotti. The motion carried and the Plan Commission
adjourned at 11 :00 PM.
Respectfully submitted, •
R o ding ec ary
Approved:
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Merrill Hoyt, airman
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... - PUBLIC HEARING - Stenholm Pro?erty - Petition for Annexation and
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Request for B-1 Business Zoning' - July 7 , 1971
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Chairman Hoyt called the meet to order at 8 : 30 PM in the Village
Hall of Buffalo Grove , 50 Rail') Blvd .
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Commissioners Present : Mr . H3yt , Chairman Mr . Gamm
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4 Mr . Genrich Mrs . Spence
Mr. Gplidotti Mr. Fader
.... Mr . Haarr Mr . Yost
f. .
Commissioners Absent : Mr. Berth, Mr. Mendenhall , Mr. Margolin
. The following documents were tiresented and entered as "Exhibit A" ,
copies attached hereto : (1) Public Hearing Notice , announcing this
, hearing as published in the BJFFALO GROVE HERALD, (2) Certificate
V,. of Mailing from Verna Clayton,, Village Clerk of the Village of
Buffalo Grove and (3) Certifitate of Publication from Paddock Publi-
cations , Inc . 1
Chairman Hoyt asked if petitii;ners were represented .
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t Robert J. Sabin, Attorney, 10 0 South Arlington Heights Rd. ,
Arlington Heights , representi g Mr. & Mrs . Stenholm, petitioners .
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Chairman Hoyt announced that h, Protest , directed to the President
and Board of Trustees of the pillage of Buffalo Grove , has been
filedjand thereafter suggesteti the following order of procedure :
I. (1) Presentation of Petition 'and supporting evidence , (2) Allow
Protesters to present their case and supporting evidence and
(3) Questions from audience directed to Plan Commission.
1. Sworn in as witnesses were Mr t Robert J . Sabin, Attorney , and
Mr . Robert A. Stern , Real Estte Agent .
Mr . Sabin testified that a roiliest was made by the !Ward several
weeks ago to amend the Petition with regard to sideyard 'requirement .
i \wo It was stated that the particular piece of property involved is
122 .44 ft . at the top and 147 ft . at the bottom and is owned by
— Mr . and Mrs . Stenholm. A Policy , dated March 23 , 1965 from the
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Chicago Title and Trust Company was then submitted to the Board
0 and entered as "Exhibit 1 . " Petitioner asks that this particular
piece of property be annexed under B- 1 Zoning .
With reference to the 10 ft . ideyard requirement and the allowance
4 ..1 of a 1/3 Variance , a petition was made for annexation of property
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Public Hearing Meeting ..
July 7 , 1971.
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with a 6-2/3 ft . sideyard along 400 ft . of property, running 'from
Dundee Rd. to the back of property . -
Letters from Mark FI. Beaubi 'n Jr . , Attorney for Mr. Charles
Hinze , indicating that Mr. Hinze is in favor of annexation, --and from
+ Mr . Robert J . Simonson, indicating that he is withdrawing any
" opposition to annexation, were presented and entered as "Exhibit 2"
and "Exhibit 3 ," respectively. ,
- Mr. Robert A. Stern, 3504 P um Grove Dr . , Rolling Meadows', a Real
Estate Agent of Quinlin and Tysan, testified that he has been in
the real estate business eight years and is familiar with the
Stenhoim property. Mr . Stern ; advised that in order to obtain
best usage of the property, commercial zoning is the only feasible
plan at this time , giving consideration to prospective 4-lane
highway on Dundee Rd , further stating that the nearest piece of
A . commercial property is Dunjo , Shopping Center , located approximately
' 300 ft . away.
Chairman Hoyt read aloud the Protest , dated June 10 , 1971 , signed
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by owners of the property described in preface of such Protest .
Mr . Haarr questioned the number of property owners as Signators of
Protest . He was informed there were 13 owners , involving 7 families .
Protesters present were Henry. Hofmann, Ellen Hofmann and Ray Brosi .
Mr . Brosio had not signed ttre Protest and stated that he was merely
K concerned with the depth allowance of proposed building . If depth
t, limitations were nonexistenthe would then request a postponement
of decision on annexation to allow for consultation with and
presence of his attorney .
to Mr. Sabin, addressing Plan Commission and Protesters , suggested
k. 4 that some definite conNideration be given to the copy of Dun-Lo-
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Highlands Survey. Covxantts referred to in no way say that no
commercial building should ,be constructed . In addition, the main
face of any building should not be situated along the street line ;
fit # petitioners are therefore sking that the 6-2/3 ft . sideyard be
` granted. '
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Chairman Hoyt inquired as to when Protest was amended . Mr. Sabin
3� answered , "June 14th . "
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Mr . Sabin further answered 'Protesters , pointing out the subdivision
• of Lots 71 and 72 according to Zoning Ordinance , also that the
property had been owned bySt:enholm ' s for some time . The Protest
is inferring that a man may not zone 1 /2 of his property , in which
case there should he a rc- zoning of the entire area , that is , all
the property owned by Mr . and Mrs . Stenhoim at this time .
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Public Hearing Meeting
July 7 , 1971
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Mr. Sabin pointed out that it was one year ago when Mr . Brosio
requested of the Board that his property , located 1/2 block from
Stenholm property , be re-zoned under B-1 Zoning .
Mr . Sabin also stated that petitioners do not agree that the present
Zoning Ordinance is reasonable with particular reference to traffic
requirements .
Mr. Sabin then submitted that from previous hearings and testimony
given at present meeting it would be more advantageous to all
people involved to have property zoned as B- 1 .
Rebuttal by Mr . Brosio followed to the effect that he actually did
come in one year ago ; however , with a building depth of 130 ft .
t. off Dundee Rd . rather than 400 ft . and, had no intentions of going
deeper . He has no objection to commercial zoning on Dundee Rd.
so long as there are building depth limitations , thereby providing
protection to Protesters from a building development extending
deeper into the subdivision .
wx Chairman Hoyt asked Mr . Stern to describe property surrounding
Stenholm property.
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Mr. Stern gave description :
North to 300 ft . from Stenholm property : Residential - Dundee
Parkway is a separate side street away from Dundee Rd .
itself .
South : Residential - Mr . Hofmann owns the property and is
centiguous to it .
East : Residential - Property owned by Messrs . Hinze and
Simonson, both parties in favor of annexation and B-i
Zoning . Across Betty Drive is property owned by Mr . Mitchell
and adjacent to it is Mr. Brosio ' s property.
West : Three States Blvd. , bordering Stenholm property , 200 ft .
from which is located a Methodist Church , the small area
between Three States Blvd . and the Methodist Church being
vacant . .
Chairman Hoyt asked for location of G . Dahm property .
Mr. Stern responded that it is next to property owned by Hofmann' s .
Mr . Hoyt requested that one person come to the front and point out
property owned by people surrounding the Stenholm property .
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Public Hearing Meeting
July 7 , 1971
Page 4
Mr. Brosio volunteered and a discussion followed to determine
.', owners on plat . Mr . Hoyt askedMr. Ilofmann to sketch his property.
Mr . Genrich, addressing Protesters , asked what their major objection
• was . His understanding from Mr ! Brosio 's presentation was that
they were not so much against aIcommercial development on Dundee Rd .
as to the fact that this development would encroach on their property.
He then asked if Protesters would be aggreeable to the development
if there was a restriction as to building distance from their
property.
Mrs . Hofmann stated objection to any commercial development of
property involved and pointed of that if a depth of 400 ft . was
granted, then Mr. Simonson would be entitled to the same right .
Mr. Genrich then questioned Protesters if they would be agreeable
if the developer would restrict the use of the property so that
they would be required to maintain the landscaping . He then
addressed Mrs . Hoffman , asking ;f her major objection was that the
development would be too close to her property and suggested
the requirement of a restriction such as screening out the develop-
ment with a green strip .
Mr. Guidotti asked Mr . Sabin if the property would front on
`./ Dundee Rd. or on Three States Blvd.
Mr. Sabin said there were no present plans .
Mr. Guidotti , addressing the Commission, asked how they arrived at
the figure of 10 ft . as a sideyard requirement and suggested the
assignment of some zoning to the residential property , and whatever
was assigned would determine sideyard.
Mr. Haarr said that 20 ,000 sq . ft. lots were assigned with the
7 requirement of a 60 ft . frontage .
Mrs . Hofmann addressed the Plan Commission, asking if any members
had seen the area, adding that She has resided there for 3 years
and would not have moved there knowing that residential zoning
was not cleared.
Mr . Hoyt pointed out that changes in zoning laws are a hazard of
existence and that any time one moves close to a street such as
Dundee Rd. , which will soon be a 4- lane highway, he takes that
chance .
Chairman Hoyt asked Mr . Haarr to give the audience some idea of
what type of usage B- 1 Zoning allows .
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Public Hearing Meeting
July 7 , 1971
Page 5
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Mr. Haarr referred to BUFFALO GROVE ZONING ORDINANCE and read
aloud Section 2 . 1- 1 , "Retail and Services Uses ," pp. 79 , 80 and 81
of Section 2 , Article XI .
Mr. Genrich asked for location of the Simonson property.
Mr . Simonson pointed out his property on the Plat , indicating that
it was located entirely on Lot 71 .
Mr . Haarr, addressing Petitioner , asked for the present address
of Lot 1 on the Stenholm property.
Mr. Stern testified that Lot 1 is a Dundee Rd. address .
Mr. Haarr also asked if at this time Petitioner knows what will be
used as frontage on the Stenholm property .
Mr . Sabin ' s response was , "No,", with assurance to Plan Commission
that he has testified to this under oath.
Mr . Genrich , addressing Mr . Sabin , asked if property involved
and septic system are on Lot 1 .i He was answered by Mr . Sabin
that all are on Lot 1 .
Mr . Yost asked Petitioner if the property would be brought into
the sewer system.
Mr . Sabin replied that it would be brought in, pointing out the
need for additional facilities for commercial use , and that the
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nearest pipe is located directly across from the Stenholm Property.
Mr . Yost asked Mr. Sabin if there would be any objection to a
restriction being placed on the' property, specifying that it would
be brought into the sewer system.
Mr . Sabin stated there would be no objection.
Mr . Yost made reference to the rear yard requirement of not less
than 30 ft . , that some of the lots were built in accordance with
Zoning Ordinance R- 1 - "Residential District ," which contains a
requirement of 30 ft . , and suggested the compliance with this
requirement on the commercial development property,
Mr . Haarr stated that Section 2 . 6-3 of Article XI , page 83 of
BUFFALO GROVE ZONING ORDINANCE ,. requires a rear year of 20 ft .
In addition, Mr . Haarr , addressing Petitioner and Board , indicated
that if consideration is given to Dundee Rd . as frontage of
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Public Hearing Meeting
July 7 , 1971
Page 6
property it does not give a clear cut picture of a rear yard con-
necting to a side yard .
-_: Mr . Sabin pointed out that the 30 ft . area appears to be small
when considering 400 ft . , but if taken all the way across the lot
line would amount to quite a sizable area .
Mr. Yost suggested that the request for a 6-2/3 ft . Variance at
this time would be premature .
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Mr . Sabin agreed to amend the Petition , eliminating request for
a 6-2/3 ft . Variance .
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Mr . Haarr , addressing Protester's , asked if they would not be
agreeable to a 20 ft . Variance .
Mr . Hofmann voiced his objection , anticipating that commercial
development would create an obstruction of view in relation to his
property.
Chairman Hoyt suggested that having received the Protesters '
reaction , the Public Hearing Meeting be called to a close . An
announcement was made that following a short recess the regular
�./ meeting of the Plan Commission would take place , and an invitation
to remain for this meeting was extended to the audience to witness
the Plan Commission ' s decision ;on the Stenholm property .
Mr. Guidotti made a motion to adjourn, seconded by Mr. I-Iaarr .
Motion carried unanimously, and the Public Hearing Meeting of
July 7 , 1971 adjourned at 9 : 30 PM.
t:esPectfullY submitted,
Rec' rding Secre' ary
Approved :
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Merrill Hoyt , Chairman
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