1994-02-15 - Zoning Board of Appeals - Minutes ZONING BOARD OF APPEALS
VILLAGE OF BUFFALO GROVE , ILLINOIS
TUESDAY , FEBRUARY 15 , 1994
CALL TO ORDER
Chairman Richard Heinrich called the Zoning Board of Appeals
meeting to order at 7 : 45 P . M . on Tuesday , February 15 . 1994 in
Room 24 of the Alcott Community Center , 530 Bernard Drive .
II . ROLL CALL
Commissioners Present : M . Kearns , J . Paul . L . Arbus ,
L . Windecker and R . Heinrich . QUORUM .
Commissioners Absent : B . Entman and H . Hefier
Bidg . Dept . Liaison : Edward Schar , Deputy Building Commissioner
Village Board Liaison : Jeff Braiman , Trustee
Village Attorney : Rich Skelton
III . APPROVAL OF MINUTES
Tabled .
Ty . BUSINESS
A . The Wheatiands at Deerfield Parkway and Barclay Boulevard
Sign Code , Section 14 . 20 . 070 - Ground Signs
Purpose : Second entrance monument closer than 250 _ feet
The public hearing notice was read and Mr . Ken Poulsen . Vice
President of Buffalo Grove Limited Partnership . c/o 4rammeii
Crow Residential Services . 9450 W . Bryn Mawr Ave . . Suite 550 .
Rosemont , IL 60018 ( 67i -2466 ) was sworn in .
Mr . Poulsen presented drawings of the proposed signs and
summarized the reasons for requesting a variance for the
purpose of installing a second ground sign at the entrance of
The Wheatlands at Deerfield Parkway and Barclay Boulevard :
1 . To identify the leasing office , the recreation
center and the visitors ' parking area .
2 . The speed limit on Deerfield Parkway is 40 mph
and if people miss the entrance . they would have
to enter at the secondary entrance or make a
U- turn .
3 . There is a bus stop which would limit visibility
of the sign on the west side because of the curve .
The Wheatlands consist of ten ( 10) buildings with 352 apart-
ments and the signs are necessary for continuing identifica-
tion because there will be some turnover of tenants . The
signs are also needed for visitor identification.
The property across Deerfield Parkway to the north is a
retention pond and will be turned over to an association.
The Ventreila property to the east does not belong to the
petitioners .
The Village Engineer ' s review dated February 1 . 1994 states :
The proposed sign locations do not affect the required line-
of-sight .
The Appearance Commission reviewed the signs on August 2e .
1994 and recommended that a variance be granted .
Comments from Commissioners :
Com . Paul : Confirmed that the property across Deerfield
Parkway will remain wetlands and will not be developed .
The grant with the Army Corps of Engineers requires that the
detention ponds be maintained for a period of 5 years . the
surrounding landowners wiii share the responsibility for the
monitoring program . Daily recordings of PH readings and
water clarity will be reported monthly to the Corps .
Com. Paul : Had no objections . The signs are needed and would
not be a hinderance to anyone because the property is isolated
from other residential , commercial and business areas .
Com . Windecker : Confirmed the size of each sign is 9 x 3 ' 6-
and said he has no problem with them .
Com. Kearns : No problem . Commented that 352 apartments could
include be as many as 700 cars entering and exiting each day .
Com. Arbus : No objections .
No questions or comments from the audience .
Com . Arbus made the following motion:
I move we recommend to the Village Board approval
of the request made by Buffalo Grove Partnership Ltd .
on behalf of Trammel Crow Residential Services - North ,
for variance of the Sign Code . Section 14 . 20 . 070 .
pertaining to Ground Signs , for the purpose of
installing a second entrance monument sign that would be
within 250 feet of an identical sign at the inter-
section of Deerfield Parkway and Barclay Boulevard .
for The Wheatlands .
ZONING BOARD OF APPEALS
February 15 . 1994 - Page two
Petitioner having demonstrated that conditions for
a variance under Sign Code , Section 14 . 44 . 010 .
Sub-section A . have been met .
Com . Windecker seconded the motion .
Mr . Skelton had no comments .
Roll Cali Vote : AYE - Kearns . Paul . Windecker .
Arbus and Heinrich
NAY - None
Motion Passed - 5 to 0 . Findings of Fact Attached .
Item will be on the Village Board Consent Agenda March 7th.
Permit may be issued after the Ordinance has been passed .
B. 90i Hobson Drive . Glenn and Donna Hershenhouse
Fence Code , Section 15 . 20 . 040 - Residential Districts
Replacement of retaining wail and fence that would
extend past the building line along Fabish Drive .
The Public Hearing Notice was read and Mr . Glenn Hershenhouse
was sworn in. He explained that the east side of the existing
retention wall is deteriorating and is separating from the
wall . He wants to replace the wood timbers with concrete
blocks that will not deteriorate . He needs something more
permanent because there is a pool in the rear yard . the wail
follows the easement fine at the rear and he would like to
move it out an additional foot ( 1 ) toward Fabish Drive to
prevent disturbing the existing bushes in front of the fence .
Ch. Heinrich recalled the history of the variance that was
granted after the wall was constructed by previous owners .
Brian and Patty Hefferen. He asked about the Village ' s
definition of grade level .
Mr . Schar submitted a copy of the 1987 document regarding rear
lot grading/fence elevation that was prompted by the Heffer-
ens ' request . A copy is attached . It states that the height
of a fence is measured from the grade at the bottom of the
fence . Grade changes are permitted by approval of the Village
Engineer .
Mr . Skelton researched the file concerning this issue and has
two memorandums dated in 1987 . They basically confirm the
above statement and incorporate the legal opinion that engine-
ering approval is required any time there is a grade change .
If necessary , a property owner could be required to go through
the development process with the Pian Commission to obtain
approval of a significant grade change . The way it relates
to this issue . and the way it was viewed at the time . is to
measure the fence from the height of the existing grade .
If the grade has been changed , it must be determined whether
the change is permissible . the previous variance was granted
and the petitioner is requesting a variance for the purpose
of rebuilding something that is deteriorating .
ZONING BOARD OF APPEALS
February i5 , 1994 - Page Three
Ch. Heinrich asked Mr . Hershenhouse if he has talked to the
Racinowskis at 902 Hilldale Lane . They were recently denied
a variance to construct a wood fence past the building line
along Fabish Drive because they would not agree to line up
the fence with the existing fence in question.
Mr . Hershenhouse said he has talked to all his neighbors and
none of them object to the proposed reconstruction . He said
that he thought Mr . Racinowski has decided to plant bushes
along the sidewalk because he was denied the variance to
extend the fence past the building line as far as he wanted
it to be located .
Ch. Heinrich asked if the new blocks could be installed in the
same location as the existing timbers because he objected to
permitting the wall to extend any farther past the building
line . He asked about the sidewalk around the swimming pool .
Mr . Hershenhouse said he was willing to only replace the
timbers and said there is a 4 ' to 5 ' concrete walk around the
pool .
Comments from Commissioners :
Com . Paul : Had no objection to the concrete blocks , but
expressed concern that the roots of the bushes would kick them
out just as they did the wood timbers . they are very large
for such a tight space and the root system will keep growing
stronger . He suggested replacing the bushes with flowers or
smaller plants .
Mr . Hershenhouse described the manufacturer ' s specifications
for constructing the wail . They recommend a minimum base of
six inches (6" ) of gravel under the blocks . He is going to
hire Mc Quaid contractors to do the work and he would have the
wall dug out to a depth of twelve inches ( 12'" ) . The height of
the blocks is about two feet (2 ' ) .
After discussion Mr . Hershenhouse agreed to remove the bushes
and replace them with smaller plants . Some suggestions were :
other bushes , such as dogwoods or lilacs , and flowers . More
evergreens could eventually develop the same problem .
Com . Windecker : Asked about the Village Engineer ' s Review ,
dated February 1 , 1994 , concerning connection of the sump
pump into the storm sewer .
Mr . Hershenhouse said he would like to comply with the Village
Engineer ' s recommendation but he does not have the necessary
equipment break up the concrete and make the connection .
ZONING BOARD OF APPEALS
February 15 , 1994 - Page Four
Mr . Schar informed Mr . Hershenhouse that the Village would
work with him . He suggested contacting the Public Works Dept .
and they would supply him with a list of necessary materials .
The Village would make the hook-up from the right-of-way to
the property line . The Village Engineer will clarify his
requirements .
Com . Arbus : No problem . Said he would defer to Com . Paul ' s
comments and added that it is unusual for the ZBA to request
removal of bushes . He hopes some landscaping is replaced .
Ch. Heinrich suggested that Mr . Hershenhouse seek the advice
of a landscaper concerning what plants to use .
Mr . Hershenhouse assured Com. Arbus that he would plant
smaller bushes and some flowers . He likes this idea .
Com . Kearns : No additional comments . Agrees that the wall
and fence should not be any closer to Fabish Drive .
Mr . Hershenhouse agreed to amend his petition and did not
request that the fence be extended the extra foot .
Ch. Heinrich read the Village Engineer ' s Review . attached .
He asked if the retaining wall is part of the variance?
The ZBA can grant the variance for the replacement of the
fence , but what about the wall ?
It was Mr . Skelton' s opinion that since the location of the
structure is going to be the same , the wall is going to be
repaired , so the existing use stays the same , and only the
replacement of the fence requires a variance .
Ch. Heinrich directed that new plantings be made a condition
of the motion. He asked if the storm sewer connection should
also be a condition?
Mr . Schar informed Ch. Heinrich that a new ordinance requires
sump pumps to be connected to the storm sewer . Older sump
pumps can stay the way they are unless changes are made and
then they must comply with the ordinance .
Com. Paul made the following motion:
I move we grant the request of Glenn and Donna
Hershenhouse , 901 Hobson Drive , for variance of
Fence Code , Section 15 . 20 . 040 , pertaining to
Residential Districts , for the purpose of replacing
the existing five foot ( 5 ' ) wood fence on top of
the rebuilt retaining wall in approximately the
same location past the building line along Fairish
Drive , with the following condition: the landscaping
to the south is to be redone so that it is less dense
in order to protect the rebuilt retaining wail .
ZONING BOARD OF APPEALS
February 15 , 1994 - Page Five
Construction of said fence will not be detrimental to
the public health , safety and welfare .
Com . Kearns seconded the motion.
Roll Call Vote : AYE - Kearns , Paul , Windecker ,
Arbus and Heinrich
NAY - None
Motion Passed - 5 to 0 . Findings of Fact Attached .
Permit may be issued in 15 days (March 3 , 1994) .
V . ANNOUNCEMENTS
This is the last ZBA meeting to be held at Alcott .
VI . ADJOURNMENT
Motion to adjourn was made by Com . Windecker and seconded by
Com. Paul .
Ch. Heinrich adjourned the meeting at 8 : 30 P .M.
Respectfully submitted .
Shirley Bates
Recording Secretary
sb
ZONING BOARD OF APPEALS
February 15 , 1994 - Page Six