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1990-12-18 - Zoning Board of Appeals - Minutes ZONING BOARD OF APPEALS VILLAGE OF BUFFALO GROVE , ILLINOIS TUESDAY , DECEMBER 18 , 1990 I . CALL TO ORDER Chairman Richard Heinrich called the Zoning Board of Appeals meeting to order at 8 : 05 P . M . on Tuesday , December 18 , 1990 at the Village Hall , 50 Raupp Boulevard . II . ROLL CALL Commissioners Present : M . Kearns , J . Paul , B . Entman , R . Lewandowski , L . Windecker and R . Heinrich QUORUM PRESENT Commissioners Absent : H . Fields Bldg . Dept . Liaison : Ed Schar , Housing and Zoning Inspector Village Board Liaison : Sid Mathias , Trustee Village Attorney : Tom Dempsey Also present : Director of Bldg . & Zoning : Frank E . Hruby Jr . Deputy Bldg . Commissioner : Charles Matt AC Village Board Liaison : Bruce Kahn , Trustee Appearance Commissioners : Chairman Eddie Larsen and Ed Bremner A.d. APPROVAL OF MINUTES October 16 , 1990 - Motion to approve made by Com . Entman and seconded by Com . Windecker . Corrections : Page Four - Com . Fields made Mednick motion . Page Nine - Com . Entman made Wolff motion . Roll Call Vote : AYE - Weissman , Paul , Lewandowski , Windecker and Heinrich NAY - None ABSTAIN - Kearns Motion Passed - 5 to 0 , 1 abstention . Minutes of October 16 , 1990 will be corrected and placed on file . IV . BUSINESS A . Que Pasa Mexican Restaurant - Wall Sign , 1205 W . Dundee Road Sign Code , Section 14 . 20 . 030 - Business Districts Thomas Voigtsverger , Que Pasa Manager ( 392- 1225 ) was sworn in and the public hearing notice was read . The reasons given for requesting a wall sign on the west elevation were : 1 . Guests have commented that they do not see the ground sign on Arlington Heights Road soon enough to avoid a quick turn from Dundee Road which is dangerous . 2 . Some Plaza Verde customers do not know where Que Pasa is and the sign will bring in more lunch business . `./ Eric M. Maletsky , President of Malet Realty, 1401 W. Dundee Road is the current managing agent for the shopping center . Mr . Dempsey confirmed that the letter dated October 24 , 1990 and Lease Agreement , July 1 , 1984 constitute legal ownership. On September 13 , 1990 the Appearance Commission recommended approval of a sign on the north elevation and recommended a variance be granted for a sign on the west elevation. Comments from Commissioners : Com. Paul - No objections . There are other signs on the west wing of the shopping center and the request is reasonable . Com. Lewandowski - No objections and no questions . Com. Windecker - No objections . After driving past from the west , he agreed the restaurant sign is not visible because the Plaza Verde ground sign blocks the Que Pasa ground sign. Com. Kearns - Questioned whether there is an agreement in the lease regarding signage? It was determined that Que Pasa is located on an out lot and the Plaza Verde Sign Package does not apply. The letter from Malet Realty is sufficient approval . Com . Entman - Asked for clarification of the Appearance Commission' s recommendation. Que Pasa is entitled to wall signs on the east and north elevations . The AC suggested a trade off of the east elevation sign for one on the west elevation and recommended a variance . No objection. Com. Windecker made the following motion: I move we recommend to the Village Board of Trustees approval of a variance of Sign Code , Sec . 14 . 20 . 030 , to permit a wall sign as requested by Que Pasa Mexican Restaurant , 1205 W. Dundee Road , to be established on the westerly exposure to the Plaza Verde Shopping Center , that will be illuminated to individuals traveling to the east . Sign to be constructed in conformance with the recommen- dation of the Appearance Commission and plans approved by the Building Department . Variance of Sign Code , Section 14 . 20 . 030 pertaining to Business Districts , is permitted by Section 14 . 44 . 010 , Sub-section B. Com . Kearns seconded the motion. ZONING BOARD OF APPEALS December 18 , 1990 - Page Two Roll Call Vote : AYE - Entman, Kearns , Paul , Lewandowski , Windecker and Heinrich NAY - None Motion Passed 6 to 0 . Findings of Fact Attached. Sign will be sent to the Village Board for approval on Monday , January 7 , 1990 . Permit may be issued after January 8 , 1990 . B. 441 Springside Lane , Pat and Phyllis Cerone Zoning Ordinance , Section 17 . 40 . 020 - Pertaining to : Area , Height , Bulk and Placement Regulations Purpose : Construction of addition requiring a 9 foot variance . Patrick Cerone and Cy Doren, Space Homes contractor , were sworn in. The Public Hearing Notice was read . Mr . Cerone summarized the reasons for requesting a variance : 1 . Home improvement - The house (Buckingham) has no basement . The addition will enlarge the kitchen and family room. 2 . Children have grown older ( 15 and 19) and require more space for recreation and entertaining . Mr . Doren presented building plans and described the construc- tion. The addition will match the existing structure . Keith Kingbay , 450 Checker Drive , was present to object . Mr . Kingbay thought the proposed addition will be deleterious to his property. The rear yards adjoin and because both houses are set back from the front lot lines the addition will leave very little open space between them . He said he had expressed his opinion when Mr . Cerone told him about their plans and he has come in response to the letter that was sent to surrounding property owners . Ch. Heinrich commented that this is not an uncommon request for Buckingham model owners . He asked Mr . Cerone if the usual change has been made in front? Mr . Cerone replied that when they purchased the house it already had the garage moved up , etc . The addition will have windows facing the neighbor ' s house but not a door . The air conditioner will be moved to the side yard . The distance between the houses will be at least 51 feet . Mr . Kingbay commented that a four foot (4 ' ) cedar fence which was put up last year has also restricted the view from his yard . He had preferred the chain link fence . ZONING BOARD OF APPEALS December 18 , 1990 - Page Three Comments from Commissioners : Com. Entman: Asked why the addition is so large if the garage has been pulled forward to make a family room at the rear? Mr . Cerone explained that they need more room because as the children and their friends have grown they take up more space . They have also considered putting a hot tub in the addition. Com. Paul : Observed that the addition will only be nineteen feet ( 19 ' ) wide and it does not extend the full length of the house . The plat shows that the rear yard is thirty-seven feet (37 ' ) before the sixteen foot ( 18 ' ) addition. He would not like to see any greater addition, but it is tastefully done and should enhance the house . The plat for 450 Checker Drive was examined and it was deter- mined that the rear yard is also thirty-seven feet (37 ' ) . The distance between the petitioner ' s addition and Mr . Kingbay ' s house would be approximately fifty-eight feet (58 ' ) . In R-4 A the required rear yard setback is thirty feet (30 ' ) and some homes in Buffalo Grove are as close as sixty feet (60 ' ) apart . Com. Kearns : Observed that Mr . Cerone ' s letter states that it would cause an economic hardship if they had to purchase a larger house . He asked if he would object to adding some shrubbery to screen the addition? Mr . Cerone said they have not considered this , but he would be open to it if it would solve the problem with his neighbor . Mr . Kingbay said he would object to any additional barricade . Com. Lewandowski : No comments and no objections . Com. Windecker : Confirmed that with the fence runs across the entire width of the yard and said he had no objections . Ch. Heinrich observed that the addition is not a solid wall . There is a significant amount of glass and only nineteen feet , ( 19 ' ) of the width will be changed . Typically , additions raise the neighboring property values . Similar variances have been granted . However , the ZBA considers each case as unique . Com. Lewandowski made the following motion: I move we grant the petition of Pat and Phyllis Cerone , 411 Springside Lane , for variance of the Zoning Ordinance , Sec . 17 . 40 . 020 , pertaining to Area , Height , Bulk and Placement Regulations , for the purpose of constructing a one-story addition that would encroach a distance no greater than nine feet (9 ' ) into the required thirty foot (30 ' ) rear yard setback . ZONING BOARD OF APPEALS December 18 , 1990 - Page Four Materials are to match the existing construction in like kind and quality. The addition is to be constructed pursuant to plans submitted to and approved by the Village . The petitioner has exhibited hardship and unique circumstances . The addition will not be detrimental to the essential character of the neighborhood . Com. Paul seconded the motion. Roll Call Vote : AYE - Entman, Kearns , Paul , Lewandowski , Windecker and Heinrich NAY - None Motion Passed - 6 to 0 . Findings of Fact Attached. Permit may be issued in 15 days . Ch. Heinrich informed Mr . Kingbay of his right to appeal the ZBA decision to the Village Board of Trustees . A written request must be sent to Frank Hruby , Director of Building and Zoning within 15 days of this date , December 18 , 1990 . RECESS from 9 : 55 P. M. until 10 : 00 P. M. V. COMBINED WORKSHOP - ZBA and Appearance Commission Discussion of Sign Criteria for buildings such as Riverwalk Lei Mr . Tim Beechick represented Hamilton Partners , 1130 Lake Cook Road , B.G. , developers of Riverwalk , located at Lake Cook Road and Milwaukee Avenue . The first building is about 62% leased with the Zenith Corporation leasing approximately 55% of the total space . Zenith will occupy seven (7) out of the ( 12) floors and they plan to be moved in by February 1991 . The County has not released any copies of the plans for the proposed intersection with respect to the overpass , etc . The Riverwalk plans were sent to the County and the location was confirmed before construction. There will be no encroachment of the widened intersection or future right-of-way. The Buffalo Grove Engineering Department and/or Public Works Department have copies of the most recent intersection design showing the ramps and overpass , etc . These plans may be needed when the public hearing is held . Tower B will not be started for at least two years because of the present soft market and financing difficulties without a major tenant . The World Headquarters for Zenith will be located at Riverwalk , but Mr . Beechick did not know if that address will be used for sales . ZONING BOARD OF APPEALS December 18 , 1990 - Page Five Mr . Beechick said that in light of the future plans for the Lake Cook Road/Milwaukee Avenue intersection , the site was reviewed with respect to monumental signage . The overpass will be approximately 27 - 28 feet above grade . Clearance will be 18 feet . Riverwalk identification is important , but the primary purpose of the signage is not directional . The Village does not want any type of signage on the building over and above the first floor . Signage was a very critical issue with Zenith. Hamilton Partners had to guarantee adequate identification. The Village Board was polled by telephone and the Trustees agreed that a monumental sign was preferable to eight foot (8 ' ) letters on the top floor of the building . To avoid a change in the annexation agreement a compromise is being proposed . The proposed monument sign will identify Riverwalk , Zenith and future key tenants . It will be in keeping with the high profile of the project . The height of the sign, thirty-one feet (31 ' ) must be viewed against the back- drop of the twelve ( 12) story building. Chairman Heinrich commented that the proposed sign is very high but may not be high enough to accomplish any purpose . Com. Paul estimated that a 31 ' foot sign will not be seen from the south because the bridge will block it . A 20 ' foot sign would be seen equally well by traffic going east and west on the bridge . Height is no issue for traffic coming from the north. Mr . Beechick responded that the reason for thirty-one feet (31 ' ) is because that is the lowest possible height that would be visible from the southern- most land of traffic on Lake Cook Road . The height was determined after a study was made . The sign was designed by the architects . he project is unique and the same situation will probably never exist again. Signage is a vanity issue . Trustee Mathias commented that he understands Mr . Beechick ' s position and agrees that the building should be identified . He questioned the construction of the sign before the intersection is completed with the overpass , etc . which could be several years . Trustee Kahn commented that the building is visible from as far away as Highland Park . Buffalo Grove is trying to develop a good relationship with the neighboring towns and a 31 ' foot sign may antagonize some people . He suggested that a scale rendering be developed showing the monument sign as opposed to a building topper . Mr . Beechick agreed to have this done . He added that a 50 ' - 60 ' sign was proposed and Hamilton Partners refused . The height 31 ' is the bare minimum that was acceptable with Zenith and is a condition of the lease . Mr . Matt suggested two lower signs . The Sign Code would permit two 120 square foot signs located at the corners of the property. ZONING BOARD OF APPEALS December 18 , 1990 - Page Six Chairman Larsen arrived at 9 : 35 P.M. and commented that the most visible type of sign would be on top of the building . There are buildings in Schaumburg and at Woodfield with roof top signs as well as higher pylon signs . He noted that the Sullivan Pontiac and Ford signs on Dundee Road are 35 ' height . The visual comparison is with respect to the difference between 700 foot frontage and 1/4 mile of frontage as well as the height of a 1-story building and a 12-story building . Even with letters on the building , the Sign Code permits some type of monument signage . Trustee Mathias added that when the Board was polled they were asked to endorse a concept , not a sign of a definite height . Because this is a unique situation. He agreed that the existing Sign Code would not be adequate and that special consideration should be given. It was at his suggestion that this joint discussion is being held . Comments from Commissioner : Com. Paul is against putting letters on the building . He said it would do more good and be more practical to have two (2) signs closer to the entrances that fall within the code . Mr . Beechick explained that they do not control enough property at the main entry on Milwaukee Avenue . Riverwalk Drive is a right-of- way. The property to the north is owned by Marathon Oil Company (Speedway Gas Station) and the property to the south is owned by Daniello ' s Restaurant . There is a small directional sign. A sign on Lake Cook Road would not be seen because the grade separation. Com. Paul said he would locate twenty (20) foot signs at the east and north ends of the property . Com. Entman asked for clarification of the actual purpose of the sign? He agreed with two signs or a lower sign at the southern part of the detention pond away from Milwaukee Avenue where it will be more visible from every angle . Signage on the building should not be considered . Ch. Larsen commented that a decision should be made with regard to other possible developments of this scope and whether some provision should be enacted in the Sign Code , or should a there be a variance proceeding? Trustee Mathias questioned what kind of signage will be needed when the second tower is built , if a similar large tenant is involved? Mr . Beechick answered that their plan at this time is to the proposed sign for all major Riverwalk I & II tenants , but he would not predict what will happen in the future . Signage on the con- course is a possibility , but would not very visible . Com. Paul suggested using the east entrance on Lake Cook Road for a Zenith sign and reserve the northern property for Riverwalk II . ZONING BOARD OF APPEALS December 18 , 1990 - Page Seven Ch. Larsen suggested establishing an ordinance that would give them access to the island on Riverwalk Drive . There could be liability problems to consider if there was an accident due to line-of-sight , and it was determined that this property is not in the Village . Mr . Beechick said there is small Riverwalk directional sign on the island and they have already determined that in the future the island will be removed in order to construct a second left turn lane out of the project . They are considering the use of the easement for a small 4 ' to 5 ' Riverwalk directional sign. He agreed to reconsider the possibility of two 120 foot signs . He also agreed to provide more visual data for review. It is possible that the proposed signage would not be visible enough to be effective . The discussion continued for some time and there was general agreement that some type of signage is necessary. It was decided to continue the workshop on the January 15 . 1991 at the next Zoning Board of Appeals meeting. Mr . Beechick agreed to have scale renderings prepared with regard to the Riverwalk signage . At the January 15 , 1991 meeting , the existing Riverwalk marketing sign will be reviewed for an extension of the time period . Mr . Beechick will submit the existing sign copy with a letter specifying the estimated time it will take to lease out the building. VI . ANNOUNCEMENTS None . VII . ADJOURNMENT Com. Entman made a motion to adjourn. Com. Kearns seconded the motion. Voice Vote - AYE Unanimously. Ch. Heinrich adjourned the meeting at 10 : 30 P.M. Respectfully submitted , Shirley Ba es ZBA Recording Secretary sb ZONING BOARD OF APPEALS L December 18 , 1990 - Page Eight