1994-10-18 - Zoning Board of Appeals - Minutes ZONING BOARD OF APPEALS
VILLAGE OF BUFFALO GROVE , ILLINOIS
TUESDAY , OCTOBER 18 , 1994
I . CALL TO ORDER
In the absence of Chairman Richard Heinrich , the meeting , chaired
by Com . Michael Kearns . was called to order at 7 : 50 P . M . on Tuesday
October 18 . 1994 in the Council Chambers of the Village Hall .
II . ROLL CALL
Commissioners Present : B . Efitman . L . Windecker . L . Arbus and
M . Kearns QUORUM .
Commissioners Absent : R . Heinrich . J . Paul and H . Hefler
Bldg . Dept . Liaison : Edward Schar , Deputy Building Commissioner
Village Board Liaison : John Marienthal , Trustee
Ch . Kearns announced that four ( 4) members of the Zoning Board
constitute a quorum and it will take an affirmative vote of all
Commissioners to grant a variance . Should any petitioner choose
to Table their hearing until November 15 , 1994 . they may do so
at any time prior to a vote .
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TII . APPROVAL OF MINUTES
September 20 , 1994 - Motion to Table was made byL . Arbus and
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seconded by Com . Windecker . Voice Vote - AYE Unanimously .
:1:21
August 16 , 1994 Minutes remain Tabled .
IV . OLD BUSINESS 1111111101
A . 305 Windsor Drive , Robert and Caroline Felton
Zoning Ordinance . Section 17 . 40 . 020 - Addition
Zoning Ordinance , Section 17 . 32 . 020 - 20% Coverage
Motion to remove from Table was made by Com . Entman and
seconded by Com . Windecker . Voice Vote - AYE Unanimously . MMO
Mr . and Mrs . Felton were present . The variance was Tabled ass<
republished because the proposed addition was expanded and it
would cover more than 20% of the rear yard .
Mr . Felton said they have consulted a new architect for an
estimate and the addition may actually be smaller than the
proposed drawings indicate , but he asked for a variance based
on the 14 ' x 44 ' family room and sun room . The addition will
not be any larger . They want to improve their property and
Mr . Felton said the materials will match the house .
After discussing whether to proceed without more extensive
plans , it was decided to grant the variance based upon Mr . and
Mrs. Felton's statements that the addition will be no greater
than the proposed 14' x 44' and if it is smaller , it will be
reduced proportionately. They agreed to provide landscaping
as stipulated at the last ZBA meeting on September 20, 1994.
The Feltons have informed all their neighbors and there have
been no objections .
There were no comments from the audience and a poll indicated
the Commissioners had no objections to the variance.
Com. Arbus made the following motion:
I move we grant the petition of Robert and Caroline Felton,
305 Windsor Drive, for variance of Zoning Ordinance,
Section 17.40.020, pertaining to Area, Height , Bulk and
Placement Regulations , and Section 17 . 32.020, pertaining to
Location of Accessory Buildings and Structures, for the
purpose of constructing an addition that would encroach a
distance of ten feet ( 10' ) into the required thirty foot (30 ' )
rear yard setback and exceed the 20% of the rear yard coverage
limitation.
Variance granted pursuant to drawings submitted by the
petitioners, taking into account that the petitioners may
decide to scale down the project somewhat and that this
variance will hold as long as the project is scaled down
proportionately. Architectural plans and specifications are
to be submitted to and approved by the Building Department .
Petitioners having demonstrated unique circumstances, the
proposed variation will not alter the essential character of
the neighborhood and will substantially increase the value of
their property.
Petitioners have testified that they will use siding materials
and roofing materials that will match the existing house.
In addition, the petitioners have stipulated that the
character of the existing landscaping will be maintained. ,$
Com. Windecker seconded the motion.
Roll Call Vote: AYE - Entman, Arbus , Windecker and Kearns lf
NAY - None
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Motion Passed - 4 to 0 . Findings of Fact Attached.
Permit may be issued in fifteen ( 15) days - November 3 , 1994 . ;Alf
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October 18 . 1994 - Page Two wow
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V. NEW BUSINESS
1400 East Lake Cook Road - Nationwide Insurance
Sign Code . Section 14. 20.020 - Ground Sign
Mr . John Johnson, C. Johnson Sign Company, 9615 Waveland Avenue ,
Franklin Park, IL 60131 (678-2092) and Mr. Michael Jones, Nation-
wide Mutual Insurance Company, 1400 East Lake Cook Road, Buffalo
Grove , IL 60089 were sworn in.
Mr . Jones said that one of the reasons they chose the site, when
their office was relocated from Northbrook to Buffalo Grove , were
the adjacent signs. They were told by Mr . Michael Rolfs, of Hamil-
ton Partners , that they could seek a similar sign to meet their
need for adequate identification.
Mr . Johnson described the proposed sign. It will be seventy- two
square feet (72 sf . ) which exceeds the maximum size of thirty-two
square feet (32 sf . ) permitted in the Office and Research Zoning
District . It is identical to the Angus Chemical sign to the east .
Comments from Commissioners:
Com. Windecker - No questions.
Com. Arbus asked if there is a need for the public to be directed
to the site?
Mr . Jones responded that they have clients coming in to settle
claims . The sign will identify the building so clients will be
ready to turn in at the entrance of Business Park, west of the
site.
Com. Entman noted the Appearance Commission minutes state the sign
is within the bermed area. but the location is not specific.
Mr . Johnson said there are two landscaped areas with a bermed area
in the center of the building. The base will be two feet (2' ) or
less in height and it will be set into the berm with flowers around
the base. This size is exactly the same as the Angus sign.
The Appearance Commission minutes of September 8 , 1994 include
possible future modification of the sign to include other tenants . litt
Mr . Jones confirmed that two additional tenants could be identified
on the sign. In this case , the copy panel would be divided into ME
three sections and Nationwide Insurance would be reduced to one OF
line . The size of the panel would not change.
No questions or comments from the audience. t
Ch. Kearns said the motion should include the Appearance
Commission' s stipulation regarding the tenant panel . mg
ZONING BOARD OF APPEALS
October 18 , 1994 - Page Three4:
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Com. Windecker made the following motion:
I move we recommend to the Village Board of Trustees that
variance of Sign Code, Section 14. 20.020 pertaining to Office
and Research District , be granted to Nationwide Insurance,
1400 East Lake Cook Road, for the purpose of installing a
ground sign that would exceed the maximum size limitation of
thirty-two square feet (32 sf . ) .
The sign would be seventy-two square feet (72 sf . )
Conditions : The sign is to be constructed in accordance with
plans and specifications submitted to and approved by the
Village as well as the recommendations imposed by the Appear-
ance Commission regarding the future modification of the sign.
The Village Engineer's Line-of-Site Review, dated October 13 ,
1994 states: "The proposed sign does not affect the required
sight distance. "
Com. Arbus seconded the motion.
Roll Call Vote: AYE - Entman, Arbus, Windecker and Kearns
NAY - None
Motion Passed - 4 to 0. Findings of Fact Attached.
Item will be sent to the Village Board on November 7 , 1994 and
the permit may be issued following Village Board approval .
B. 2120 Brandywyn Lane, Anna Shayevsky
Fence Code, Section 15. 20.040 - Residential Districts
Four foot (4' ) wood fence past the building line
Ms . Anna Shayevsky was represented by her sister , Mrs. Anna
Grossman. Mrs. Grossman presented a quit claim deed making
her part owner of the property. She was instructed to have
the deed recorded to validate it. She said she will be
living in the house while her sister , Anna, is out of the
country.
Mrs . Grossman was sworn in and requested a variance of the
Fence Code for the purpose of constructing a four foot (4 ' )
wood fence that would connect with the existing six foot (6 ' )
wood fence along Buffalo Grove Road and a gate in front .
Comments from Commissioners: OW
Com. Windecker said he observed that the yard is completely
fenced in and the gate has already been constructed.
Mrs . Grossman said when the fence company constructed the s�
approved four foot (4 ' ) fence surrounding the rear yard up to
the building line, she was told that they would have to charge
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more if they were to return to complete the fence and install
the gate.
ZONING BOARD OF APPEALS
October 18 , 1994 - Page Four
Mrs . Grossman's husband, Randy, was present . He was sworn in
and testified that he informed the fence contractor not to
install the sections of fence requiring the variance, but he
was told it would be all right . When Ms. Shayevsky had been
informed that a variance was required, she applied at once.
Mr . Schar confirmed that Rustic Wood Fence was the contractor
but he would have to determine who took out the permit. The
party that took out the building permit is responsible.
Mr . Skelton observed that the original variance was for a six
foot (6 ' ) fence along Buffalo Grove Road and returning to the
house, stopped just short of the building line. He had no
objection to the publication notice. There was no fence along
the rear lot line where the proposed fence would connect to
the existing six foot (6 ' ) fence. The addition of the gate
would be the least objectionable portion of the fence and it
would also connect to the existing six foot (6' ) wood fence.
The Commissioners had no further comments or objections.
Com. Windecker made the following motion:
I move we grant the request of Ms . Anna Shayevsky,
2120 Brandywyn Lane , for a variance of Fence Code,
Section 15.20.040, pertaining to Residential Districts .
for the purpose of constructing a four foot (4 ' ) wood,
dog-eared fence past the building line that would connect
with the existing six foot (6' ) wood fence along Buffalo
Grove Road, as indicated on the plat of survey that was
submitted with the application. Note: The sections
have already been installed by the fence company.
Petitioner having exhibited unique circumstances , the
proposed fence will not be detrimental to the essential
character of the neighborhood and will not be detrimental
to the public health, safety and welfare.
Com. Entman seconded the motion.
Roll Call Vote: AYE - Arbus , Entman. Windecker , Kearns
NAY - None
Motion Passed - 4 to 0. Findings of Fact Attached.
Permit may be issued in fifteen (15) days - November 3 , 1994.
Mrs . Grossman was instructed to submit an application for the
sections of fence that apply. ,
C. 16 Newtown Court West - Yong Jun and Yong Ok Hwang
Zoning Ordinance, Section 17 . 40. 020 - Construction of Addition
Yong Jun and Yong Ok Hwang were sworn in.
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Com. Windecker asked if the addition has been constructed?
He was informed that the Building Department issued a stop
work order because construction was started. 4:'
ZONING BOARD OF APPEALS4::
October 18 , 1994 - Page Five
Mr . Hwang testified that they hired a construction company to
cover the existing patio with a screen room with no heat or
floor . The contractor told him a permit was not needed.
Com. Windecker admonished Mr. and Mrs. Hwang for violating
Village ordinances. He strongly expressed dissatisfaction
about residents beginning construction before obtaining
permits and filing applications for variances after the fact .
Com. Arbus stated the owners of the property at 14 Newtown
Court West are his friends and he has been -aware that the
building was being constructed. When he did not see a permit
displayed, he inquired if a building permit had been issued?
Another issue is the size of the deck that was constructed by
previous owners. The deck appears to cover more than 50% of
the yard.
Mr . Schar was not aware of the deck at the time of publication
and the deadline for republication had passed. The size of
the deck could be reduced in compliance with the ordinance.
Com. Arbus said that to his knowledge, the neighbors have not
objected to the deck or addition, but he questioned whether
action on the proposed variance should be taken at this time
before the deck issue is settled.
Mr . Schar concurred and added that neither a plat of survey
nor building plans for the addition have been submitted for
review, so he does not know if the foundation is adequate.
He advised Tabling.
Mrs . Hwang described the poles that have been installed for
five (5) years and said the patio has been covered with a
tent every summer. They just want to have a more permanent
structure so they can store their deck furniture in the
winter . They trusted the carpenter to do what was necessary.
Com. Arbus assured Mr . and Mrs. Hwang that he is not opposed
to the variance, but it is in their best interest to take
care of all the problems at one time so that their property
improvements are legal .
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Ch. Kearns advised Mr . and Mrs. Hwang to work with Mr . Schar
to have their contractor comply with building department
procedures and submit the necessary documents. When this has 0
been satisfactorily completed, the public hearing will be
rescheduled, including republication for the deck. PI
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Motion to Table to November 15 , 1994 was made by Com. Arbus and
seconded by Com. Windecker. Voice Vote - AYE Unanimously. t
ZONING BOARD OF
APPEALS 4:
October 18 , 1994 - Page Six
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D. 10 East Dundee Road, First of America Bank
Sign Code, Section 14. 20.070 - Ground Signs
Sign Code. Section 14.20.090 - Wall Signs
Mr . Jeffrey Triplett , Sign Art , 5737 East Cork Street ,
Kalamazoo, MI 49001 (616) 422-3030 was sworn in and said
the Bank of Buffalo Grove will become First of America Bank.
He requested a variance that would permit construction of a
new ground sign in the same location as the existing Bank of
Buffalo Grove ground sign at 10 East Dundee Road. If they
were to meet the 250 foot separation requirement , the sign
would have to be located in the parking lot where it would not
be effective because it would not be visible and would create
a traffic flow problem.
A variance for setback was also requested. There is a land-
scaped area and electrical connections around the existing
Bank of Buffalo Grove sign, which is twenty-one and one-half
feet (21-1/2 ' ) in height . The new sign is twenty feet (20 ' )
in height . It will be installed on a single pole with a
vertical format instead of the horizontal sign on two posts.
Mr . Triplett also requested a variance to permit installation
of a sign on the north elevation of the drive-thru canopy that
would be seen from the shopping center and give identification
to southbound traffic. Fourteen percent ( 14%) of the fascia
background would be used for this sign.
The Appearance Commission reviewed the signs on September 8th
and recommended that variances be granted.
The Commissioners had no comments , questions or objections .
Com. Arbus made the following motion:
I move we recommend to the Village Board that the
following variances requested by First of America
Bank, 10 East Dundee Road , be granted:
1 . Sign Code, Section 14. 20.070 - Ground Signs
To permit installation of a ground sign that
would be within 250 feet of an existing sign
(A) and permit the 20 foot sign to be located E
closer to the west and south property lines ,
than the required setback distance (D) .
2 . Sign Code, Section 14. 20 . 090 - Wall Signs
To permit a sign to be installed on the
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north elevation of the drive-thru canopy.
The Village Engineer ' s Review. dated October 12 . 1994 . 6
states: This location is under traffic signal control Mr-
and no particular sight distance is applicable . "
ZONING BOARD OF APPEALS
October 18 . 1994 - Page Seven
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3 Unique circumstances having been established, the
variance meets the requirements of Sign Code,
Section 14.44.010 , Sub-section A.
Com. Windecker seconded the motion.
Roll Call Vote: AYE - Entman, Windecker , Arbus and Kearns
NAY - None
Motion Passed - 4 to 0. Findings of Fact Attached.
Item will be sent to the Village Board for approval on
November 7, 1994. Permit may be issued after approval .
E. 1177 West Lake Cook Road, First of America Bank
Sign Code. Section 14.20.070 - Ground Signs
Note: The address of the property was incorrectly identified
as 1077 West Lake Cook Road on the application for variance.
Mr . Skelton advised the Zoning Board to proceed since the
legal description was published correctly, the number is only
one (1 ) digit off and there is only one bank building at the
corner.
Mr . Triplett requested variances to permit six inch (6" )
aluminum letters , painted white, to be installed on the
two brick entrance monuments located on Lake Cook Road and
Arlington Heights Road. They would replace existing signs and
would be approximately 41% smaller. They are necessary for
identification of the entrances to the property.
The Appearance Commission reviewed the signs on September 8th
and recommended that a variance be granted.
The Commissioners had no comments , questions or objections .
Com. Arbus made the following motion:
I move we recommend to the Village Board that the
variance of Sign Code. Section 14. 20.070 pertaining
to Ground Signs requested by First of America Bank,
1177 West Lake Cook Road, be granted. Variance would
permit multiple ground signs that would be closer than
250 feet of existing ground signs.
Petitioners having demonstrated unique circumstances .
the variance would meet the requirements of Sign Code . 1:
Section 14. 44.010, Sub-section A.
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Com. Windecker seconded the motion.
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Roll Call Vote: AYE - Entman, Windecker , Arbus and Kearns
NAY - None 110,
ISE
Motion Passed - 4 to 0. Findings of Fact Attached.
Item will be sent to the Village Board for approval on
November 7 . 1994. Permit may be issued after approval .
ZONING BOARD OF APPEALS C
October 18 . 1994 - Page Eight
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F. Woodlands Condominium - Entrance Signs
Sign Code, Section 14.20.010 - Residential District , Setback
Sign Code, Section 14. 20.070 - Ground Signs , Number/Placement
Mr . Edward Garfield, 2514 Live Oak Lane , Buffalo Grove, IL
(634-4742, was sworn in. Mr. Garfield said he has come in
place of Mr. George Rothermel , President 'of the Woodlands of
Fiore Homeowners Association. He is Vice-President of the
Homeowners Association with the authority to answer questions
and make decisions .
Mr . Garfield requested identifications signs to be installed
at each of the five (5) entrances into the Woodlands of Fiore
Condominium subdivision. The signs , which are similar to the
Park District signs, will add to the appearance of the area.
They are all two feet by five feet (2' x 5 ' ) and will be
installed on two foot (2' ) posts. They will be sandblasted
redwood stained dark brown with white copy and be installed on
stained cedar posts .
Comments from Commissioners:
Com. Entman noted the Village Engineer' s Line-of-Sight Review.
dated October 13 , 1994 states: "The signs should not encroach
within twenty-five feet (25' ) of the corner property. "
Ch. Kearns informed Mr . Garfield that the Zoning Board of
Appeals cannot approve anything different than what the
Village Engineer has recommended. He suggested meeting with
the Building Department and the Village Engineer to determine
the exact location of the signs and if any of them could be
installed closer than twenty-five feet (25 ' ) to the corner
property.
Mr . Garfield was uncertain about the exact locations of the
signs and asked to have the public hearing Tabled until
November 15, 1994 when Mr . Rothermel will be back in town
and they can discuss the situation with the Village Engineer .
Trustee Marienthal commented that he lives in close proximity
to the development and there could be a line-of-sight problem
at Brandywyn Lane and Satinwood Court ; as well as those signs
near Buffalo Grove Road because of the fence location. He
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also thought there would be an over-preponderance of signs
and wondered how it would service the community? He thought mr
that everyone knows the location of the Woodlands and /0
questioned why they would want this many signs?
Mr . Garfield said that they want to identify the entrances to _
the complex. which is actually called the Courtyards At The
Woodlands Of Fiore , and it comprises a large scope of land .
MID
ZONING BOARD OF APPEALS
October 18 . 1994 - Page Nine. 4:111.
Trustee Marienthal responded that he considers the entire
development as The Woodlands , including the Shopping Center
the single familypp g
g homes and the multi-family subdivision .
He tells people that he lives at The Woodlands and he is not
sure that the signs will be a benefit . There is still the
problem of proximity to the road . If the twenty-five foot
( 25 ' ) setback is maintained , ify
he wondered some of the signs
would be behind the sidewalk?
Ch . Kearns said additional information will be required ,
q d , so
the variance will be Tabled until November 15 , 1994 . He
advised Mr .
Garfield to meet with the Engineer to
discuss whether the
signs could be located within the setback .
Mr . Schar said they have drawings indicating where the signs
would be loca
ted and surmised that the Village Engineer is
basing his review ong
the setback distance of fences .
Com . Entman confirmed that Mr . Garfield he is a Realtor in
the Village and disclosed that he has had with s g him
but this will no
t influence his decision in this matter .
Motion to Table to November 15 , 1994 was made
by Com . Entman
and seconded by Com . Windecker . Voice Vote - AYE Unanimously
VI . ANNOUNCEMENTS
None .
T I • ADJOURNMENT
Com . Windecker made a motion to adjourn .
Com . Entman seconded the motion .
Voice Vote : AYE Unanimously
Ch . Kearns adjourned the meeting at 10 : 15 P . M .
Respectfully submitted .
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Shirley Bates = :..
Recording Secretary
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ZONING BOARD OF APPEALS
October 18 , 1994 - Page Ten amic