1990-09-18 - Zoning Board of Appeals - Minutes ZONING BOARD OF APPEALS
VILLAGE OF BUFFALO GROVE , ILLINOIS
TUESDAY , SEPTEMBER 18 , 1990
I . CALL TO ORDER
Chairman Richard Heinrich called the meeting to order at 8 : 00 P . M
on Tuesday , September 18 , 1990 at the Village Hall , 50 Raupp Blvd
II . ROLL CALL
Commissioners Present : M . Kearns , B . Entman , R . Heinrich and
Louis Windecker (Appointed Sept . 10 , 1990
to fulfill Sid Mathias ' term . )
Commissioners Absent : J . Paul , R . Lewandowski and H . Fields
Bldg . Dept . Liaison : Edward Schar , Housing and Zoning Inspecto
Village Attorney : Tom Dempsey
Village Board Liaison : Sid Mathias , Trustee
Chairman Heinrich announced that four affirmative votes are
necessary for a zoning variance to be passed . Since there are
only four commissioners present , any petitioner may request a
continuance at any time during the course of their hearing .
III . APPROVAL OF MINUTES
August 21 , 1990 - Postponed because of absence of commissioners
who attended the public hearing .
IV . OLD BUSINESS
A . 1407 Rose Boulevard - Michael A . and Bonita R . Feldman
Fence Code , Section 15 . 20 . 040 - Residential Districts
Item was Tabled on August 21 , 1990 because the public
hearing notice did not include the variance for a 6 foot
( 6 ' ) fence along the interior lot line .
Com . Kearns made a motion to remove from Table .
Com . Entman seconded the motion .
Voice Vote - AYE Unanimously
The public hearing notice was read . Mr . Feldman was again
present . No neighbors were present . This property abuts
the Ridgewood Townhomes in Arlington Heights , and the
request for a six foot ( 6 ' ) is consistent with other similar
variances that have been granted .
It was verified that the next door neighbor to the west has a
six foot ( 6 ' ) fence along the rear lot line and down the side
to the rear of the house .
Mr . Feldman said they had made a decision not to enclose the
utility box .
Com. Kearns made the following motion:
I move we grant the request of Michael A. and
Bonita R. Feldman, 1407 Rose Boulevard , for
variance of the Fence Code , Section 15 . 20. 040 ,
pertaining to Residential Districts , for the
purpose of constructing a six foot (6 ' ) wood
privacy fence along the rear property line and
down the east property line , as indicated on the
plat of survey that was submitted along with the
application.
The essential character of the neighborhood will
not be affected , and the fence will not be detri-
mental to the public health safety and welfare.
Com. Windecker seconded the motion.
Roll Call Vote : AYE - Kearns , Entman, Windecker , Heinrich
NAY - None
Motion Passed - 4 to 0 . Findings of Fact Attached .
Permit may be issued in 15 days (October 3 , 1990) .
B. 970-990 South Buffalo Grove Road - Maurice Lenchner
Cambridge Plaza West - Construction of Ground Signs
Sign Code , Section 14 . 20. 070 - Ground Signs
Sign Code , Section 14 . 20 .030 - Business Districts
This item was Tabled on August 21 , 1990 to permit the
petitioner , Maurice Lenchner , time to discuss the location
of the sign with the Village Engineer and reach a compromise .
The proposed setback of the sign was three feet (3 ' ) from the
sidewalk and the Village Engineer ' s recommended setback was
ten feet ( 10 ' ) .
Com. Kearns made a motion to remove from Table.
Com. Entman seconded the motion.
Voice Vote: AYE - Unanimously
The Village Engineer ' s revised Line-of-Sight Review , dated
August 29 , 1990 states : "We have met with the petitioner
at the subject location who indicates that the ten foot ( 10 ' )
setback poses an unusual additional hardship due to existing
lot configuration and improvements .
Since the sign is essentially open throughout the bottom
four feet (4 ' ) the request to set back the sign eight feet
(8 ' ) would not present any problem for pedestrians . " The
revised Line-of-Sight drawing was attached .
ZONING BOARD OF APPEALS
September 18 , 1990 - Page Two
Mr . Alvin Koch of Buffalo Grove Schwinn was present to
inquire about the exact location of the sign. When he was
informed that the proposed sign will replace the existing
temporary sign, Mr . Koch had no objections .
There were no objectors present .
There were no written objections.
There were no comments or objections from the Commissioners .
Com. Entman made the following motion:
I move we recommend to the Village Board of
Trustees , that the variance of the Sign Code ,
requested by Maurice Lenchner , developer of
Cambridge Plaza West , 970-990 South Buffalo
Grove Road , be granted that would permit the
construction of a ground sign to be :
1 . closer than 250 feet from the next
ground sign and,
2 . the sign to be setback a distance of
eight feet (8 ' ) from the property line.
Variance are to the following:
Sign Code , Section 14. 20.070 - Ground Signs
Sign Code , Section 14. 20.030 - Business Districts
Condition being: The sign is to be constructed
in conformance with plans , specifications and
drawings submitted to and approved by the Village.
Com. Kearns seconded the motion.
Roll Call Vote : AYE - Kearns , Entman, Windecker , Heinrich
NAY - None
Motion Passed - 4 to 0. Findings of Fact Attached.
The Village Board will meet October 1 , 1990.
Permit may be issued in 15 days - October 3 , 1990 .
ZONING BOARD OF APPEALS
September 18 , 1990 - Page Three
V. NEW BUSINESS
A. 1475 Larchmont Drive , Alan and Carol Gold
Fence Code, Section 15 . 20. 040 - Residential Districts
The public hearing notice was read . Alan and Carol Gold
were sworn in. Mr . Gold summarized their reasons for
requesting a variance for the purpose of constructing a
five foot (5 ' ) scalloped board-on-board fence that would
extend past the building line at the corner of Larchmont
Drive and Knollwood Drive :
1 . The rear yard is quite shallow and by
extending the fence past the building will
permit a larger play area for their children
and will keep dogs off the property.
2 . There is a lot of traffic at the corner and
the fence will give the children safety.
3 . There is a tree in the side yard and the
fence will also enclose it in the yard .
The Village Engineer ' s Review, dated August 30 , 1990 , states :
"We have reviewed the line-of-sight requirements at the
subject location. No obstruction is created for the inter-
section by the proposed fence . The adjacent property abuts
rear yard to rear yard . "
Mr . Gold said they would construct the fence ten feet ( 10 ' )
in from the sidewalk and the fence style will be arched
board-on board , with the top being five feet (5 ' ) high.
Ch. Heinrich said the measurements are taken from the house ,
so the fence will be 20. 82 ' from the back of the house and
continue to the rear lot line ten feet ( 10 ' ) from the
sidewalk.
Comments from Commissioners :
Com. Kearns had no objections .
Com. Entman said he knows Mr . Gold personally but this will
not affect his decision. He had no objections .
Com. Windecker had no objections .
Com. Kearns made the following motion:
I move we grant the request of Alan and
Carol Gold , 1475 Larchmont , for variance
of the Fence Code , Section 15 . 20 .040 ,
pertaining to Residential Districts , for the
purpose of constructing a five foot (5 ' ) board-
on-board fence , to be a minimum distance of ten
feet ( 10 ' ) from the sidewalk at any point .
ZONING BOARD OF APPEALS
September 18 , 1990 - Page Four
Said fence 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 - Kearns , Entman, Windecker , Heinrich
NAY - None
Motion Passed - 4 to 0. Findings of Fact Attached.
Permit may be issued in 15 days .
B. 616 St . Mary ' s Parkway, Robert and Laura McCarty
Fence Code , Section 15. 20.040 - Residential Districts
The Public Hearing Notice was read . Robert and Laura McCarty
were sworn in. Mr . McCarty summarized their reasons for
requesting a variance for the purpose of constructing a
six foot (6 ' ) board-on-board fence along the east and west
side lot lines :
1 . Their house abuts Lake-Cook Road and the noise
level is a nuisance . Debris has been thrown into
their yard from passing car , pedestrians and
cyclists .
2 . They have a small child and need a fence for
her protection. •
3 . The house next door has a garage at the rear
of the lot and a full length driveway has been
added which is adjacent to their bedrooms .
4 . They also have a dog to keep in the yard.
Ch. Heinrich asked why a five foot (5 ' ) high fence would
not be sufficient?
Mr . McCarty presented photographs and explained that their
bedroom windows are about nine feet high and car lights can
be seen coming down the driveway. He has spoken to both
neighbors and they understand the reasons for the request .
There were no neighbors present .
Comments from Commissioners :
Com. Kearns said he disliked six foot (6 ' ) fences along the
inside property lines , there is a problem with Lake-Cook Rd.
and the driveway to the rear of the lot . No objections .
Com. Entman also opposed to six foot (6 ' ) fences but there
are unique circumstances and he had no objections .
Com. Windecker had no objections .
ZONING BOARD OF APPEALS
September 18 , 1990 - Page Five
Com. Entman made the following motion:
I move the petition of Robert and Laura McCarty
of 616 St . Mary' s Parkway, for variance of the
Fence Code , Section 15 . 20. 040 , pertaining to
Residential Districts , be granted for the purpose
of constructing a six foot (6 ' ) board-on-board
fence along the east and west side lot lines .
Fence to be placed pursuant to the plat of survey
attached to the petition filed with the Village.
After much discussion, the commissioners agreed
that the petitioners exhibited unique circumstances
and that the fence would not be detrimental to the
public health, safety and welfare .
Com. Kearns seconded the motion.
Roll Call Vote: AYE - Kearns , Entman, Windecker , Heinrich
NAY - None
Motion Passed - 4 to 0 . Findings of Fact Attached.
Permit may be issued in 15 days (October 3 , 1990) .
C. 300 Melinda Lane , Ernest Stetz
Zoning Ordinance , Section 17 . 32 .020.B. Pertaining to:
Location of Accessory Buildings and Structures
Ernest Stetz was represented by Mr . Sylvester Blue , Jr . of
Patio Enclosures , 250 Beinoris Drive , Wood Dale , IL 61091 .
The Public Hearing Notice was read. Mr . Stetz and Mr . Blue
were sworn in. Mr . Blue explained that after a porch was
constructed and they called for a final inspection, they were
informed that it was too close to the garage. He said they
were not aware of the ordinance before the porch was built .
Mr . Schar explained that the plat of survey which was sub-
mitted with the permit did not show the garage . There is
only a distance of 5 ' 3" between the porch and garage .
Ch. Heinrich asked if there is any way that they can comply
with the ordinance and have the porch ten feet ( 10 ' ) away
from the garage?
Mr . Blue said they will rebuild the porch, with an angled
wall so that there will be 6 ' 8" between the structure and the
garage at the closest point . This is the minimum distance
the code will allow with a variance of 1/3 the ten feet ( 10 ' )
Mr . Stetz said he was agreeable with the reconstruction.
There were no neighbors present .
ZONING BOARD OF APPEALS
September 18 , 1990 - Page Six
Ch. Heinrich said this is a unique situation and he has no
problem with it . The porch does not affect other property.
Comments from Commissioners :
Com. Kearns said considering the circumstances he has no
problem.
Com. Entman said it is a very different situation, and he
does not object .
Com. Windecker had no objections , but asked if Patio Enclo-
sures has done other work in Buffalo Grove and cautioned
Mr . Blue that , in the future , they should abide by the
ordinances .
Mr . Blue responded that they have done other work in B.G.
and have not had any problems .
Ch. Heinrich agreed with Com. Windecker ' s admonition and
commended Patio Enclosures for going to the expense of
making the correction. More care should be exercised .
Com. Kearns made the following motion:
I move we grant the variance requested by
Ernest Stetz , 300 Melinda Lane , of Zoning
Ordinance , Section 17 . 32 . 020.B. for the
purpose of constructing a porch enclosure
closer than ten feet (10 ' ) to an existing
structure.
Said variance to be 3 ' 4" allowing a distance
of 6 '8" from the existing structure , pursuant
to the proposed exhibit submitted.
Unique circumstances having been demonstrated ,
the proposed structure will not alter the
essential character of the neighborhood.
Com. Windecker seconded the motion.
Roll Call Vote : AYE - Kearns , Entman, Windecker , Heinrich
NAY - None
Motion Passed - 4 to 0 . Findings of Fact Attached.
Construction may begin in 15 days (October 3 , 1990) .
ZONING BOARD OF APPEALS
`,d September 18 , 1990 - Seven
D. 1130 Lake-Cook Road , INDECK - Wall Sign
Hamilton Partners
Sign Code , Section 14. 20. 020 A - Office/Research District
Sign Code , Section 14 . 20.090 A. 2 & B - Wall Signs
John Johnson, C. Johnson Sign Co. , 9615 Waveland Avenue ,
Franklin Park , IL 60131 (678-2092) and John Salyer , V. P. of
Finance , Indeck Energy Services , Inc . , 1111 S . Wills Avenue ,
Wheeling , IL 60090 (520-3212) were sworn in.
Ch. Heinrich read the Public Hearing Notice and a letter ,
dated August 28 , 1990 , from Timothy G. Beechick of Hamilton
Partners , owners of the building at 1130 Lake-Cook Road ,
(459-9225) approving the " installation of 36 inch, antique
brass color letters next to the building address currently
mounted on the building exterior . The lettering would be
located on the South elevation to the building and would
be back lit . "
Mr . Salyer described the nature of Indeck ' s business :
development and building of cogeneration power plants in
the United States , Canada and Great Britain. Offices have
been located in Wheeling for over 30 years .
Ch. Heinrich asked Mr . Salyer if people coming to the Indeck
offices will be specifically looking for the building.
Mr . Salyer responded that Indeck does not have drive-thru
traffic . People come in from out of town and are given
directions , but building identification is necessary.
The offices at 1130 Lake-Cook Road will be the corporate
headquarters . They will be occupying most of the third
floor now, and Indeck has the option to purchase the entire
building. It is important for the headquarters building to
be identified , such as The Federal Express Building, etc .
A monument sign was considered , but no one would be able
to see it from Lake-Cook Road because of the way the drive-
way is situated and because of the way the front of the
building is bermed . They have a 7 year lease , two 4 year
lease options and a fifteen year option to purchase.
Ch. Heinrich asked if the equipment is subject to sales tax?
Mr . Salyer replied that if they built projects in Illinois
they would be subject to sales tax , but he was uncertain
about the requirement to charge sales tax outside Illinois .
Mr . Johnson presented photographs of Indeck plants with the
corporate logo and a photograph of the Lake-Cook building
with the proposed lettering superimposed . The size of the
sign is 60 sq . ft . (3 ' x 20 ' ) . The Sign Code permits only
32 square feet .
ZONING BOARD OF APPEALS
`./ September 18 , 1990 - Page Eight
The Appearance Commission recommended approval of the
variance on July 26 , 1990 .
The Commissioners had no objections to the sign. The size
is acceptable given the setback from Lake-Cook Road and the
length of the building. The sign will only be on the South
facade of the building .
There were no objectors present .
Com. Entman made the following motion:
I move we recommend to the Village Board
that the petitioner , Hamilton Partners , be
granted a variance of Sign Code:
Section 14 . 20 . 020 A, pertaining to Office/Research
Districts , and
Section 14 . 20 .090 A. 2 . & B, pertaining to
Wall Signs ,
for the purpose of mounting a wall sign for
INDECK next to the numerals on the South facade
(only) of the building at 1130 Lake-Cook Road .
Condition being: The sign be constructed in
conformance with plans , specifications and
drawings submitted to and approved by the Village .
Petitioner has exhibited some hardship and the
sign is of particularly good design, and meets the
criteria as set forth in Section 14 . 44 . 010 - B.
Com. Kearns seconded the motion.
Roll Call Vote : AYE - Kearns , Entman, Windecker , Heinrich
NAY - None
Motion Passed - 4 to 0 . Findings of Fact Attached .
Village Board will meet October 1 , 1990.
Permit may be issued October 3 , 1990.
VI . ANNOUNCEMENTS
Trustee Mathias informed the Commissioners that the Village Board
of Trustees upheld the ZBA' s decision to grant a variance for the
fence at 511 Thorndale as requested by Neil and Debra Freeman.
ZONING BOARD OF APPEALS
September 18 , 1990 - Page Nine
VII . ADJOURNMENT
Com. Entman made a motion to adjourn.
Com. Kearns seconded the motion.
Chairman Heinrich adjourned the meeting at 9 : 10 P.M.
Respectfully submitted ,
‘r-' s2ED
Shirley B es
Recording Secretary
ZONING BOARD OF APPEALS
September 18 , 1990 - Page Ten