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1995-10-17 - Zoning Board of Appeals - Minutes ZONING BOARD OF APPEALS VILLAGE OF BUFFALO GROVE, ILLINOIS TUESDAY, OCTOBER 17 , 1995 I . CALL TO ORDER Chairman Richard Heinrich called the Zoning Board of Appeals meeting to order at 7 : 37 P . M . on Tuesday, October 17 , 1995 in the Council Chambers of the Village Hall , 50 Raupp Boulevard . II . ROLL CALL Commissioners Present : M . Kearns , J . Paul , B . Entman, L . Windecker and R . Heinrich QUORUM . Commissioners Absent : L . Arbus and H . Hefler Bldg . Dept . Liaison : Edward Scharf Deputy Building Commissioner Village Board Liaison : Jeffrey Braiman, Trustee Also Present : John Marienthal , Trustee III . APPROVAL OF MINUTES September 19 , 1995 - Motion to approve was made by Com . Windecker and seconded by Com . Paul . Corrections were noted on Pages Three and Five . Roll Call Vote : AYE - Entman, Paul , Windecker and Heinrich NAY - None ABSTAIN - Kearns Motion Passed - 4 to 0 , 1 abstention . IV . BUSINESS A. 50 N . Buffalo Grove Road, St . Mary' s Church Municipal Code , Section 15 . 20 . 040 - Fences Residential Districts 5 ' Chain Link Fence Past Building 3 ' Split Rail Fence to Exceed 30 ' Continuous Length Mr . Kim R . Denkewalter, Denkewalter, Angelo & Minkow, 790 Frontage Road, Northfield, IL 60093 (441 -4246 ) was sworn in . The public hearing notice was published in the Buffalo Grove Herald on Saturday, September 30, 1995 . Mr. Denkewalter requested a variance that would permit construction of a five foot (5 ' ) chain link fence past the building line along Church Road and a three foot (3 ' ) split rail fence that would exceed thirty feet (30 ' ) of continuous length, for the following reasons : 1 . The existing fence was deteriorating and needed replacing for the safety and pro- section of the children playing in the yard. 2 . They want to maximize the space and continue the land use, so they want to replace the fence in the same location. 3 . The setback is now forty feet (40 ' ) and it would put the fence in the middle of the parking lot . Ch. Heinrich confirmed that the fence would be the same style and that the ornamental split rail fence is existing. The Village Engineer' s Line-of-Sight Review, dated October 12 , 1995 states : "The submitted survey does not show the existing sidewalk which is set approxi- mately 3 - 5 feet within the right-of-way. Ideally, this proposed fence should be set back ten (10) feet in height for a distance of 25 feet . " Dick Kuenkler' s memo dated October 17, 1995 clarifies the October 12th memo. Mr. Schar explained the clarification and said a five foot (5 ' ) chain link fence could be located ten 10) feet back from the sidewalk at the driveway, for a distance of twenty- five feet (25 ' ) and than taper to the property line. Mr. Denkewalter had no problem complying with this recommendation and amended the petition. ZONING BOARD OF APPEALS OCTOBER 17, 1995 - PAGE TWO Comments from Commissioners : Com. Paul : Asked if there would be a gate across the driveway? Mr. Denkewalter responded that the gate would remain open. Com. Paul : No problem. Com. Windecker: No problem. Com. Kearns : Disclosed that he is a member and an usher at St . Mary' s . This will not affect his opinion but since there are five (5) Commissioners present, he will not vote. He would have no problem. Com. Entman: No questions . There were no questions from the audience. Com. Windecker made the following motion: I move we grant the request of St . Mary' s Parish, 50 N. Buffalo Grove Road, for variance of Municipal Code, Section 15 . 20 . 040 pertaining to Residential Districts, for the purpose of constructing a five foot (5 ' ) chain link fence that would extend past the building line along Church Road, as outlined in attached Village Engineer' s Review, dated October 12 , 1995 and clarified on October 17, 1995, and Section 15 .20 . 070 - Pertaining to Ornamental Fences, for the purpose of constructing a three foot (3 ' ) split rail wood fence that would exceed thirty feet (30 ' ) of continuous length, as indicated on the plat of survey submitted with the application. Petitioner having exhibited unique circumstances the fence will not alter the essential character of the neighborhood and will be detrimental to the public health, safety and welfare . Com. Paul seconded the motion. ZONING BOARD OF APPEALS OCTOBER 17, 1995 - PAGE THREE Roll Call Vote : AYE - Entman, Paul, Windecker and Heinrich NAY - None Motion Passed - 4 to 0, 1 abstention. Findings of Fact Attached. The permit may be issued in fifteen (15) days - November 2, 1995 . B. 13 Newtown Court East, Deborah S. Kahn Zoning Ordinance, Section 17 .40 . 020 Permit Existing Deck to Remain as Constructed Past Side Yard Setback Line and Within Easement Ms . Deborah S. Kahn and Murray Pertz, Merger Construct- tion Services, Inc . , were sworn in. The public hear- ing notice was read. Mr. Pertz, the contractor, explained that they were given a survey that did not show the five foot (5 ' ) easement . During the inspection process for the deck and pool, he was informed of the encroachment and they adjusted the deck as much as possible . The pool is not within the easement, but the struts are within the easement . Photographs were submitted. Mr. Schar verified this information. Ch. Heinrich asked Ms . Kahn if she has discussed this situation with the neighbors? Ms . Kahn said the neighbors were informed and they have no problem. She confirmed that after the deck was constructed, the inspector informed her the struts were within the easement . Comments from Commissioners : Com. Windecker: No questions . Com. Paul : No questions. The situation was not blatant, just one of those things . No problem. ZONING BOARD OF APPEALS OCTOBER 17, 1995 - PAGE FOUR Com. Kearns : No problem. Asked if the area of the deck and pool are within the 20% rear yard coverage permitted? Mr. Schar said he verified the calculation and found the deck/pool area of 19 . 86% is correct . Com. Entman: Referred to the Village Engineer' s Review, dated October 12, 1995, which states : "The area has no municipal utilities currently occupying the easements, and it does not appear that the encroachment will affect the necessary grading of the swale area. " It is unlikely that any lines would ever be put in. Com. Entman asked exactly what the variance would be? The answer was "One foot (1 ' ) . " Com. Entman made the following motion: I move we grant the request of Merger Construc- tion Services, Inc . , agent for Ms. Deborah S. Kahn, 13 Newton Court East, for variance of Zoning Ordinance, Section 17 .40 . 020, pertaining to Area, Height, Bulk and Placement Regulations, for the purpose of permitting the existing deck that has been constructed from five to ten inches (5 - 10" ) past the required six foot (6 ' ) side yard setback with support struts that are within the five foot (5 ' ) side yard easement, to remain as constructed. The structure is to be approved by the Village regarding plans, placement and materials . Village Engineer' s Review, dated October 12, 1995 is to be made a part of the Findings of Fact . No representation is being made with regard to the easement, whether the utility will ever want to use it in the future and ask for removal of any part of the structure. ZONING BOARD OF APPEALS OCTOBER 17, 1995 - PAGE FIVE Variance to be twelve inches (12" ) into the required six foot (6 ' ) side yard setback. Petitioner having exhibited unique circumstances and hardship, the variance will not alter the essential character of the neighborhood. Com. Windecker seconded the motion. Roll Call Vote : AYE - Kearns, Paul, Windecker, Entman and Heinrich NAY - None Motion Passed - 5 to 0 . Findings of Facts Attached. Final inspection required. C. Aptakisic and Weiland, Edward Schwartz & Company Indian Creek Existing Temporary Sign Sign Code, Section 14 . 32 . 010 - Size Sign Code. Section 14 .40 . 145 - Off-premise Sign Mr. Don Frailing, Sales Manager for Indian Creek Sub- division, Edward Schwartz & Company, 1110 Lake Cook Road, Buffalo Grove, IL 60089 (537-2600) , was sworn in. The public hearing notice was published in the Buffalo Grove Herald on Friday, September 29, 1995 . Mr. Frailing requested a variance of the Sign Code that would permit the existing Indian Creek temporary sign , at the southwest corner of Aptakisic and Weiland Roads, to remain for six (6) months . Indian Creek is located at the northwest corner of Prairie and Port Clinton Roads . There are approximately seven (7) or eight (8) houses to be sold and then the sign would be revised, or removed, if necessary. Mr. Frailing said the sign could be moved back to conform with the ordinance . The 8 ' x 15 ' (120 sq. ft . ) sign existed prior to the Sign Code revision. It is on a major thoroughfare and is needed to direct buyers to the site . It represents no visual traffic hazard to surrounding residents . ZONING BOARD OF APPEALS ../ OCTOBER 17, 1995 - PAGE SIX The property is owned by The Jewish Council for Youth Services and a letter, dated September 18, 1995, gives Edward Schwartz & Company permission to maintain the sign for twelve (12) months. Ch. Heinrich recalled that the Scarsdale Off-Premise sign was not recommended and the Village Board denied the sign. Comments from Commissioners : Com. Paul : The sign bothers him because it looks like a billboard. It was permitted, but he would prefer a smaller sign, about half the size, with directional information and a telephone number. Com. Windecker: The setback of the sign does not conform with the Sign Code . The subdivision is over 77% sold. The directions on the sign say "Four blocks north on Prairie Road, " but they are incomplete . The sign is really not of any benefit and there is no hardship. When the Sign Code was revised, off-premise signs were prohibited. A similar sign on Aptakisic Road was rejected last month. Com. Kearns : No comment . Com. Entman: Had nothing to add to the other comments . If permitted, he would agree that the sign should be smaller and give more directions . Mr. Frailing expressed willingness to do anything that would permit the sign to be approved for a variance. The Appearance Commission minutes of September 28, 1995 were reviewed. The Appearance Commission, by vote of 6 to 0, recommended disapproval of the sign. There was a lengthy discussion about whether or not to recommend a six (6) month variance for a sign that would be from 4 'x 8 ' = 32 sq. ft . to 8 'x 8 ' = 64 sq. ft . ; if it meets the definition of a directional sign and whether the variance would set a bad precedence for future off-premise signs . ZONING BOARD OF APPEALS OCTOBER 17, 1995 - PAGE SEVEN This was originally a Carlyle Subdivision sign that has been in place for five (5) to six (6) years . The Commissioners agreed that final determination should be made by the Village Board of Trustees. Com. Paul made the following motion: I move we recommend to the Village Board that a variance of Sign Code, Section 14 . 32 . 010, pertaining to Sub-division Development Signs, and Sign Code, Section 14 .40 . 145, pertaining to Off-Premises Signs, be granted, that would permit Edward Schwartz & Company to construct a new Indian Creek off-premise ground sign at the southwest corner of Aptakisic and Weiland Roads to replace the existing ground sign. Sign area not to exceed forty-eight sq. ft . (48 sf) . Height of sign to be four feet (4 ' ) from ground. Setback to be in compliance with the Sign Code. Time limit to be six (6) months, or when the last unit is under contract, whichever comes sooner. Sign is to be for directional purposes only. Sign permitted under Section 14 .44 . 010, Subsection - A. Com. Kearns seconded the motion. Roll Call Vote : AYE - Heinrich NAY - Kearns, Entman, Paul, Windecker Motion DENIED - 4 to 1 . Findings of Fact Attached. Item will be on the November 6, 1995 Village Board Consent Agenda as a negative recommendation. Mr. Frailing was informed of the right to ask for the item to be removed from the Consent Agenda and discus- sed with the Village Board of Trustees . ZONING BOARD OF APPEALS OCTOBER 17, 1995 - PAGE EIGHT V. ANNOUNCEMENTS A. Mr. Richard Skelton, Village Attorney, distributed summaries and gave a synopsis of the trial court case that was recently won by Buffalo Grove . The Town and Country property on Route 22 was originally unincorporated and two large sub-divisions are under construction. Town and Country wanted to annex the territory to Buffalo Grove, but one of the owners was opposed and in order to annex against their will, the case was taken to court . Buffalo Grove filed a petition to annex on February 14, 1995, but Lincolnshire accepted a petition on March 14, 1995 and passed an ordinance accepting annexation as of that date . The court ruled in favor of Buffalo Grove per Section #712 . B. Annexation of the Bosnos property on Miwaukee Avenue and the Didier property on Aptakisic Road was also discussed. The Bosnos property is flood plain and there would be a lot of problems if either Buffalo Grove or Lincolnshire permitted development there . It would be difficult for Lincolnshire to comply with the sewer and water requirements for annexation of the Didier land. C. The Rohrman case is still pending. An application has been filed for the residential development of twenty (20) units per acre . D. Commissioner Michael Kearns resigned from the Zoning Board, effective at 12 : 01 A.M. on October 18, 1995, because of business and family responsibilities . Mike has been a Commissioner for 20 years. He said he has enjoyed his tenure and hoped he has made a contribution to the Village and Zoning Board. Ch. Heinrich recalled that they have served together for many years . He said Mike will be missed and sadly accepted the resignation. He will inform President Mathias there is a vacancy. He asked Com. Kearns to remain on the Zoning Board until a new Commissioner is appointed? ZONING BOARD OF APPEALS OCTOBER 17, 1995 - PAGE NINE Com. Kearns agreed to attend meetings if he is available. Com. Entman also said Mike will be missed and added that he has been an asset to the Board. VI . ADJOURNMENT Motion to adjourn was made by Com. Entman and seconded by Com. Windecker. Ch. Heinrich adjourned the meeting at 9 : 04 P.M. Respectfully submitted, Shirley Bates Recording Secretary sb ZONING BOARD OF APPEALS OCTOBER 17, 1995 - PAGE TEN