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1991-08-29 - Zoning Board of Appeals - Minutes SPECIAL MEETING ZONING BOARD OF APPEALS VILLAGE OF BUFFALO GROVE , ILLINOIS THURSDAY , AUGUST 29 , 1991 I . CALL TO ORDER Chairman Richard Heinrich called the Special Meeting to order at 8 : 04 P . M . on Thursday , August 29 , 1991 at the Village Hall , 50 Raupp Boulevard . II . ROLL CALL Commissioners Present : J . Paul , B . Entman , L . Windecker , L . Arbus and R . Heinrich . QUORUM PRESENT Commissioners Absent : M . Kearns and H . Fields Bldg . Dept . Liaison : Edward Schar , Deputy Building Commissioner Village Attorney : Tom Dempsey Village Board Liaison : Charles Hendricks , Trustee III . APPROVAL OF MINUTES August 20 , 1991 - Com . Windecker made a motion to approve as submitted . Seconded by Com . Entman . Roll Call Vote : AYE - Paul , Entman , Windecker , Arbus and Heinrich NAY - None Motion Passed - 5 to 0 . Minutes of August 20 , 1991 were approved . IV . BUSINESS Blockbuster Video , 310 Half Day Road , Space J- 13 , Woodland Commons Sign Code , Section 14 . 20 . 030 - Business Districts Sign Code , Section 14 . 20 . 090 - Wall Signs The Public Hearing Notice , published in the Buffalo Grove Herald , on August 14 , 1991 was read . Representatives of the petitioner , Zale Groves , Inc . , were sworn in . They were : Allen Kracower and Steven Guigren , Landscape Architects with Allen L . Kracower & Associates , Inc . 100 Lexington Drive , Suite 150 , B . G . , IL ( 537-6262 ) Ronnie Atkins , V . P . /Director of Operations , Zale Companies , 100 Lexington Drive , Suite 100 , B . G . Patrick J . Ryan , Acct . Executive , Kieffer Signs , 1322 Barclay Blvd . , B . G . , IL ( 520- 1255 ) Dick Glass , R . Glass Landscape Company , 170 Garden Ave . , Roselle , IL ( 307-0700 ) . Mr . Glass is the landscape contractor . Alan Kracower submitted his credentials and resume . He also submitted a diagram of the proposed Blockbuster Video sign as it will appear on the southeast elevation of Building J at the Woodland Commons Shopping Center . The diagram was marked Exhibit A. The sign is 5 ' x 9 ' 10" approximately 60 square feet in size . Mr . Kracower cited the criteria for variance of the Sign Code , and summarized Section 14 . 44 . 010 , Subsections A and B: Subsection A permits a recommendation of approval when strict inter- pretation of the ordinance would cause undue hardship because of unique conditions ; granting of the variance would not be materially detrimental ; and unusual conditions apply to the specific property do not apply generally to other properties in the village ; and the granting of the variance would not be contrary to the general objectives of the Sign Code . Subsection B permits recommendation of approval when there is insufficient evidence to support a finding of undue hardship , but the proposed sign is of particularly good design and the site is particularly well-landscaped . Mr . Kracower described the property and the impact that the sign will have on the area. Woodland Commons is a 150 ,000 square foot shopping center located at the intersection of Route 22 (Half Day Road) and Buffalo Grove Road . To the east the new fire station and the Condell Medical Facility are already constructed . Route 22 will generate thousands of cars a day and the highway will generate the greatest impact on the adjacent land uses (residential ) in terms of view , air quality and noise . The shopping center will also be impacted by Route 22 . A site plan was presented and the various land uses were described . Photographs of the building with the Blockbuster sign and proposed trees superimposed were presented to demonstrate that the impact of the sign will be very insignificant to the Woodlands at Fiore ' residents in comparison with the impact of the commercial property on the north side of Route 22 . The landscape plan for the Woodlands at Fiore includes a line of Aspen trees along the entire perimeter of the property as well as thousands of other plants . The landscaping of the shopping center was shown to be very extensive and very expensive . Through photographs , Mr . Kracower illustrated the effect of the proposed sign as it will appear from 200 feet away as entering the driveway from Route 22 , from 300 feet away . from the sidewalk 350 feet away , from 375 feet away and from grade level 470 and 500 feet away. From this distance , the sign is viewed over the water area. The mass of the shopping center is seen but the sign will hardly be visible because of its insignificant size and the proposed trees . ZONING BOARD OF APPEALS August 29 , 1991 - Page Two A computer analysis was done showing the sign with the trees simulated at the time of planting and after 5 years growth. The exhibits were shown with only the branch structure (no leaves) so they were the worst case scenario . The sign was almost obscured in the computer pictures of the sign with the trees and then with the 5 year projection showing the growth of the trees . Ch. Heinrich recalled that one of the issues raised at the first ZBA hearing was that the shopping center had been misrepresented to the purchasers of the Woodlands homes . Mr . Kracower responded that the references to the shopping center being similar to Bannockburn Green. He worked on that center also and its site was a mature oak forest . This is a totally different type of shopping center , with totally different architecture . The entire landscape plan was described . The budget of $300 ,000 . is approximately twice as much as the average developer spends on a shopping center . Aspens and a few Red Maples line the parkway. There are 125 deciduous trees , 27 ornamentals , 142 evergreens and almost 900 deciduous shrubs , totaling 1 , 179 trees and shrubs , plus 13 , 000 quarts of dwarfed flowers . The rear of the shopping center is bermed and fenced , with extensive landscaping on both sides . The main entrance consists of 4 , 900 square feet of annuals with over 480 shrubs and 75 deciduous trees . The ponds near the road will have 140 feet of boulders for a retaining wall . There will also be large planters on pedestals with cascading flowers at the entrance . The whole shopping center is loaded with plant material . Mr . Kracower returned to the subject of criteria necessary for a variance to be recommended . 1 . Unique condition: Section 14 . 20 . 030 permits 1 wall sign for each face . Staff does not consider the building to be facing a corner , however Mr . Kracower contended that this is the corner of the building at the end of the structure . In most cities this is standard sign language and the sign would be considered acceptable . 2 . Not materially detrimental to property owners in the vicinity. Materially meaning "really harmful . " Mr . Kracower said it would stretch anyone ' s imagination to deter- mine that the proposed 5 ' x 10 ' sign in the proposed location on the end of the building could possibly be harmful to the community ; the neighborhood as a whole ; or to homes that are over 500 feet to the south of the shopping center ; or the homes that are to the north because of the landscape buffering . 3 . The unusual conditions that apply do not generally apply to other properties in the Village . ZONING BOARD OF APPEALS August 29 , 1991 - Page Three There are no other properties in the Village that are comparable in character and that are of this magnitude . Other properties may L/ have a similar sign condition at the corner of a building . 4 . General objectives of the Sign Code : moderation of the size , number and placement of signs ; and reduction of clutter . Mr . Kracower said he interpreted the intent of the ordinance is to maintain a rational distribution of signage . In his opinion, the whole shopping center helps portray that concept and the addition of one more sign is not adverse . The tenant has leased 6 ,000 sq . ft . and considering today' s economic conditions this is a large space . Without Blockbuster Video , the space will probably be divided into several smaller stores and each one would be entitled to have a sign. It is more aesthetically appealing to have larger tenants . Mr . Kracower concluded his presentation, by referring to Sign Code , Section 14 . 44 . 010 , Sub-section B - Where there is insufficient evidence to support undue and unnecessary hardship , the ZBA can consider the criteria of Sub-section A fulfilled if : 1 . The proposed signage is of particularly good design and in particularly good taste , and Mr . Kracower speculated whether the design of the Blockbuster torn L/ ticket logo sign is better than the Ace Hardware sign and any other sign that is going up at Woodland Commons . 2 . The entire site has been or will be particularly well- landscaped . This has been demonstrated and the Commissioners can make this determination. Finally , the Blockbuster lease was submitted to Mr . Dempsey for verification that the sign is a requirement or the lease may be terminated . Zale needs the lease to be competitive in the market place with neighboring towns . Ch. Heinrich observed that it has been well demonstrated that the sign will not be visible to the Woodlands at Fiore residents . What good will the sign be to Blockbuster? Mr . Kracower responded that this sign will be visible to westerly traffic on Route 22 and people entering the shopping center will recognize the torn ticket logo . Blockbuster is a successful business and the sign is important enough to them to make it a lease requirement . They originally asked for 3 signs including lettering on the wall with the torn ticket . The lettering was rejected . ZONING BOARD OF APPEALS August 29 , 1991 - Page Four Ch. Heinrich recalled that at the last ZBA meeting , the residents expressed concern about what will happen if the proposed landscaping dies? Mr . Kracower admitted that some of the trees will probably die , given the warm weather , etc . but it will be selected from a good nursery. As landscape architects , they not only design the project and prepare the plans , they also prepare the bid documents with specifications , make the selections at the nursery and supervise the installation of the landscaping . The first year of installation is under warranty . Following that year , ter will maintain the `'`'���Sh�/0 property in accordance with the plans . Ownership will provide the Village with a letter to that effect . Most communities , including Buffalo Grove , insist that the landscaping is maintained as approved perpetually . Ch. Heinrich asked Mr . Dempsey if the Village has the right to require the landscaping be maintained as presented and approved? Can replacement of dead trees be made a condition and could this condition be enforced in the event the shopping center is sold? Replacement of trees that have been demonstrated to be part of the developer ' s buffering of the sign, would be a necessary conditions Mr . Dempsey replied that the whole landscape package is part of the Development Ordinance and trust pass an inspection before they can get final approval from the Village Board . Maintenance is also required in order to pass monthly inspections made by the Building Department . The Zoning Board can attach maintenance of the land- scaping as a condition of the variance and to subsequent ownership. Mr . Kracower said this would be agreeable , but he would ask that substitutions be permitted when certain plants are not available . Ch. Heinrich asked Mr . Kracower if the developer would object to these conditions if a variance is recommended? Mr . Kracower deferred the question to Ron Atkins , Zale ' s representa- tive and Mr . Atkins responded that he would consult the developer before confirming these conditions . Ch. Heinrich opened the discussion to the audience for questions : Mrs . Cynthia Jones , 257 Willow Parkway asked why the Zoning Board is hearing this variance a second time when the request was denied on July 16 , 1991? Ch. Heinrich explained that the developer exercised his right to appeal the ZBA denial to the Village Board . Additional testimony was given to the Village Board that was not available to the ZBA and the residents . Therefore , The Village Board felt the developer should be given the opportunity to present the entire landscaping proposal and remanded the matter back to the Zoning Board of Appeals . Zale ' s representatives were given this option at the first public hearing but they chose not to take it . ZONING BOARD OF APPEALS August 29 , 1991 - Page Five Mrs . Jones commented that with the extensive landscaping the sign would not serve any purpose and she also questioned the developer ' s ethics in entering into a contract that requires a variance . The Village has a Sign Code for specific reasons and developers should comply with the requirements . A variance should not be granted . Ch. Heinrich asked Mrs . Jones how she feels the sign will be detrimental to her now that she has seen the presentation of the landscape plans . Mrs . Jones said their property is right across from the entrance to the shopping center and the sign will be visible , especially if the trees have been misrepresented . She expressed distrust of the developer ' s commitments , since they have not replaced the Fiore trees that have died in their subdivision. Ch. Heinrich responded that the situation is entirely different . The Willows (at Fiore) is a residential development and the situation is between the homeowners and the developer . This is a commercial piece of property developed under a PUD (Planned Unit Development) with conditions that are enforceable by the Building Department . A variance is a recorded document and if conditions are not met , the sign would have to be removed . That is why the question was asked about the sale of the shopping center . In response to the question about the lease , Ch. Heinrich informed Mrs . Jones that large corporations rely heavily on signage as part of their business program and their sign concepts cannot be varied once they are adopted , whether the sign is useful or not . It has been visually demonstrated that with the proposed landscaping , the sign will not be detrimental to the residents in the area . With Blockbuster ' s option to withdraw from the lease contract without the sign, the ZBA is faced with the situation of causing a potential financial hardship to the shopping center . An unoccupied shopping center would be more detrimental to the residents than allowing the proposed sign because of the revenue that shopping centers generate . Mr . George Rothermel , 141 Willow Parkway - Asked for a description of the other Blockbuster sign; wanted to know who controls the property to the east of the shopping center and asked about the lighting of the proposed torn ticket sign. Ch. Heinrich replied that the sign on the front elevation, facing west , would be only the standard letters that say BLOCKBUSTER VIDEO. This sign conforms with the approved Sign Criteria for the Woodland Commons . Mr . Kracower said the adjoining property is also owned by Zale but and he does not know what will be built there . Each use must be approved by the Village . The site was originally zoned Industrial , but was re-zoned Commercial . ZONING BOARD OF APPEALS August 29 , 1991 - Page Six Mr . Ryan of Keiffer Signs explained that the torn ticket logo will be internally illuminated with cool white lamps . The yellow color is opaque and the blue will appear to be semi-translucent All the lamps are contained within the sign cabinet and there could be a little wash from the ends of the sign that illuminate the wall . There are signs like this one in Mc Henry and Crystal Lake , but none in B. G. Mr . Rothermel said the presentation has satisfied his questions and the proposed sign along with the landscaping is not objectionable . Questions from Commissioners : Com. Paul - Commended Mr . Kracower for the thorough presentation. The sign will be slightly visible to traffic from the east and people will probably be able to identify it as a Blockbuster Video store . He has no objections . The criteria of both Sign Code sections has been met . Ch. Heinrich mentioned last month' s comments about having a space on the pylon for Blockbuster Video . With the landscaping , this sign is less obtrusive than if the name , or ticket , was on the pylons . New pylon signs are going to be submitted for Appearance Commission review . He has suggested that the public be notified when the pylons are going to be reviewed . The press should also be notified . Com. Windecker - Commended Mr . Kracower on the fine presentation. He said Zale should be cautioned about putting the Zoning Board into the position of having to make decisions because developers have entered into agreements that are in violation of the Sign Code . He asked about the size and height of the trees when they are planted? Mr . Kracower said the trees will be 4 inch stock with an average height of 18 feet , with 2/3 of the height being foliage crown. Mr . Glass , Landscape Contractor , said the Honey Locusts will be about 6-8 years old . They grow about 1/2 to 3/4 inches per year . Mr . Schar added that the Village Forester must accept the land- scaping before it is planted . Mr . Dempsey said the motion can make a blanket condition of the variance that requires compliance with the representations made by the developer tonight as well as any landscape plan that was previously filed with the Village . He has reviewed the Blockbuster lease and finds that per Article 11 , Exhibit H (Tenant Signage Criteria) states : " In the event Tenant is unable to obtain the necessary gevernmental approval permitting the signage as described in this Article , Tenant reserves the right to terminate this Lease upon ten ( 10) days written notice to Landlord . . . . " It is not automatic , but they do have the right to terminate the lease . ZONING BOARD OF APPEALS August 29 , 1991 - Page Seven Com. Arbus - Said one of his clients was represented by Alan Kracower in another municipality , but this will not affect his position tonight . He asked if there are stated hours of the illumination of this sign? Mr . Kracower said he does not know, but the signs in most shopping centers are left on all night . Ch. Heinrich said the ZBA has put hours on signs in the past and if Blockbuster is typically open until midnight , the sign subject to the variation should be turned off when the store is not in operation. Com . Arbus said as a new commissioner he has read the previous minutes relative to the sign and he has spent time driving around the vicinity of the fire station and the shopping center , etc . He doubted that Blockbuster Video would pull out of such a terrific shopping center and he believes Blockbuster will be very successful , with or without this small sign. He is sensitive to the rights of the people who live near the shopping center , and he agreed that variances should not be granted automatically. If the residents have no major objections to the sign, then he has no objections . The people knew where the shopping center was going and should expect traffic , the same as people who build near an airport should expect noise . The time limitation and the landscaping as it has been represented should be made a part of the variance. Ch. Heinrich asked Mr . Schar to have these minutes made available to the Appearance Commission when the pylon signs are reviewed and that hours of illumination should be limited to less than 24 hours per day. Com. Entman - He concurs that everything that has been represented as far as the landscaping should be made part of the record and it should be made certain that it is carried through. The first proposal was lacking the information that has been made available tonight . He also agreed with the illumination issue . The pur- pose of the sign is to enable the public to find the Blockbuster store and when it is closed , the sign would not be needed . He also concurred with Com. Windecker ' s caution to developers . There have been other instances when the ZBA has been put into the position of having someone come with an emergency economic situation and expect the Board to approve a variance to solve the problem. He agreed that the location on the building looks like an end and Zale could have easily verified whether the sign was in conformance with the Sign Code , if they had called before the lease was entered into . The ZBA should not be put into the position of arbiter . The home- owners seem to be satisfied with the presentation made tonight and the situation has been remedied . ZONING BOARD OF APPEALS August 29 , 1991 - Page Eight Ch. Heinrich asked if corner in Shops Building B is going to be considered a corner space? Mr . Dempsey replied that Staff has determined this is a corner that would qualify for two signs (one on each side facing the streets) . A resident , Mr . Robin Ayers , 2931 Sandalwood , referred to the computer pictures of the Honey Locust and shouldn' t they be larger . Ch. Heinrich replied that transplanted trees do not always survive . The Fiore Nursery used the trees as a selling point when they brought the development into the Village . They tried to save them and have lost some . Mrs . Vera Murphy, 2925 Sandalwood , said there are about a dozen HVAC units on the roof of the building and would they be shielded? Mr . Schar said he was not sure if the Appearance Commission review included roof top screening . He will research this question and advised Mrs . Murphy to call the Building Department next week . Mrs . Jones said she is satisfied that the landscaping as presented will sufficiently conceal the sign and wanted assurance that approval of the trees will be required. Com. Paul commented that as an architectural engineer he could agree with Mr . Kracower ' s interpretation of the Blockbuster property being on the corner of the building , in which case the lease would be `./ proper and a variance would not be necessary. Zale should not be criticized for making a judgement about something that is not clearly defined in the ordinance . Ch. Heinrich said there is room for speculation and he understands both sides . He agreed that the ordinance should be clarified . Mr . Kracower asked what would happen if Willow Parkway is extended? Mr . Dempsey explained that the Sign Code section referring to wall signs relates to frontage and frontage is defined as a public (or dedicated) right-of-way. Once Willow Parkway is extended , it then becomes a dedicated street and the lot would be a corner and would not require a variance . It is not a corner at this time . A building must have frontage parallel to a public right-of-way . Ch. Heinrich thanked Mr . Kracower for his very professional presen- tation. It answered many questions that were raised . If the land- scaping had been presented at the first ZBA hearing , it would not have been necessary to be here . However , the time has been well spent and will be beneficial to the Zale community when details of the landscaping plan are discussed . Mr . Kracower apologized for the previous misunderstanding. ZONING BOARD OF APPEALS August 29 , 1991 - Page Nine Com. Jay Paul made the following motion: I move we recommend to the Village Board that a variance be granted Zale Groves , Inc . on behalf of Blockbuster Video , 310 Half Day Road , Space J-13 at Woodland Commons Shopping Center to allow them to put a wall sign on the southeast elevation as indicated on Exhibit A, contingent on the landscaping to be as represented in the presentation tonight (August 29 , 1991 ) and that said sign will be illuminated only while the store is open. Further stipulation: that the trees directly screening the proposed sign be maintained to those specifications in perpetuity. The variances are relative to Sign Code , Section 14 . 20 . 030 , pertaining to Business Districts ; and Section 14 . 20 . 090 , pertaining to Wall Signs . The criteria for permitting the variance , as set forth in Sign Code , Section 14 . 44 . 010 , Sub-sections A and B have been met in that : A. The recommendation of this variance will not be materially detrimental to the property owners in the vicinity ; and The conditions applying to this specific property do not generally apply to other properties in the Village ; B. The proposed signage is of particularly good design and particularly good taste ; and The entire site will be particularly well-landscaped . Motion was seconded by Com. Windecker . Roll Call Vote : AYE - Entman, Paul , Windecker , Arbus and Heinrich NAY - None Motion Passed - 5 to 0 . Findings of Fact Attached . An Ordinance will be prepared and recommendation of the variance will be forwarded to the Village Board for action on September 16 , 1991 . Permit may be issued Sept . 17 , 1991 . Should Willow Parkway become a dedicated right-of-way, the conditions attached to the variance , regarding landscaping and time of illumination, would remain in force until the sign is removed . A new (or different) sign would have to be approved by the Building Department . ZONING BOARD OF APPEALS August 29 , 1991 - Page Ten B. 421 Caren Drive , Sam and Joanne Domenico Zoning Ordinance , Section 17 . 32 . 020 The Public Hearing Notice was read. Sam and Joanne Domenico were sworn in. Mr . Cary Meyer , Meyer Pool and Fence Company was also present . Mr . Domenico said they are requesting a variance of the 20% rear yard coverage limitation for the purpose of installing an in-ground swimming pool . They have resided at 421 Caren Drive for 13 years . Their lot , which is odd-shaped , is adjacent to a parcel of land that belongs to the Park District . For the past 13 years , he has maintained this land. He had fertilized , cut the grass and maintained it as an extension of their property. They would like to install a 16 ' 6" x 36 ' 6" pool within the rear section of the property. The total area of the rear yard is 4 , 237 square feet and there is an existing wood deck that covers 448 square feet . If they were to stay within the 20% area that is permitted , they could put in a 400 sq. ft . pool . They are requesting a 584 sq . ft . pool which is 184 sq . ft . above the 20% . There are no neighbors next to the side of the yard where the pool would be located . Mrs . Domenico said she has spoken with many of their neighbors and has signatures of those who would be directly affected . The proposed location would permit them to continue to use the side yard for the children' s play area . This location would be more aesthetically pleasing and would also give them better use of the property. Mr . Domenico said they will put a 5 foot extruded aluminum open fence around the pool area and a green-vinyl coated 5 foot fence along the rear lot line . They do not want a privacy fence and there will be no fence along the sidewalk . Mr . Dempsey informed the Commissioners that the ZBA does not have the authority to grant this variance and a recommendation to the Village Board would be necessary. Comments from Commissioners : Com. Entman - Asked if the existing deck would be extended to the pool? Answer was "no . " Com. Paul - No objections . Com. Windecker - Asked if there would be a shed to house the filter? Answer was "no . " Com. Arbus - Quoted from the Village Engineer ' s Review , dated August , 1991 that drainage would not be affected . Said he talked to one neighbor , Trustee Brian Rubin, and he had no objection. People should be encouraged to make improvements . ZONING BOARD OF APPEALS August 29 , 1991 - Page Eleven Ch. Heinrich - He would usually consider this bulk overuse but the lot is a unique shape and he has no objections . Com . Entman noticed that Staff ' s figures on the plat that was distributed differ from petitioner ' s architect ' s figures by 76 square feet . Mr . Dempsey said the recommendation should state the size of the pool and he advised the ZBA to use Mr . Schar ' s figures . Com. Windecker made the following motion: I move we recommend to the Village Board that a variance of Zoning Ordinance , Section 17 . 32 . 020 , pertaining to Location of Accessory Buildings and Structures , be granted to Sam and Joanne Domenico , 421 Caren Drive , that would permit them to install a 16 ' 6" x 36 ' 6" in-ground swimming that would exceed the 20% rear yard coverage limitation by approximately 250 square feet . Construction is to conform with the Codes , and plans are to be approved by the Village of Buffalo Grove . The Village Engineer recommends that the swale of the easement is not to be disturbed. Unique circumstances have been demonstrated. The pool will not alter the essential character of the neighborhood . Com . Paul seconded the motion. Roll Call Vote : AYE - Entman, Paul , Windecker , Arbus and Heinrich NAY - None Motion Passed - 5 to 0 . Findings of Fact Attached. An ordinance will be prepared and the recommendation will be sent to the Village Board for action on September 16 , 1991 . Permit may be issued September 17 , 1991 . V. ANNOUNCEMENTS The need for some Sign and Fence Code text amendments was discussed . Mr . Dempsey asked that the commissioners submit their suggestions to him so that he can prepare section changes for review. ZBA and Appearance Commission workshops and a public hearing will be scheduled in the next few months . Mr . Schar will coordinate the dates and all parties will be notified. It was suggested that property owners be notified when commercial sign criteria is to be reviewed by the Appearance Commission. ZONING BOARD OF APPEALS August 29 , 1991 - Page Twelve VI . ADJOURNMENT Com. Windecker made a motion to adjourn. Com. Entman seconded the motion Ch. Heinrich adjourned the meeting at 10: 15 P.M. Respectfully submitted , 6-tox � l � Shirley B es , Recording Secretary sb ZONING BOARD OF APPEALS August 29 , 1991 - Page Thirteen