Loading...
1996-07-16 - Zoning Board of Appeals - Minutes /-;\,, P1P-TME/ ZONING BOARD OF APPEALS VILLAGE OF BUFFALO GROVE , ILLINOIS TUESDAY, JULY 16 , 1996 I . CALL TO ORDER Ch . Richard Heinrich called the Zoning Board of Appeals meeting to order at 7 : 35 P . M . on Tuesday, July 16 , 1996 in Council Chambers of the Village Hall , 50 Raupp Boulevard . II . ROLL CALL Commissioners Present : B . Entman, L . Windecker, L . Arbus and R . Heinrich . QUORUM Commissioners Absent : J . Paul and H . Hefler Bldg . Dept . Liaison : Edward Schar, Deputy Building Commissioner Village Attorney : William Raysa III . APPROVAL OF MINUTES Postponed until after the Business Meeting . IV . OLD BUSINESS A. 861 Checker Drive , Joel and Alisa Wasserman Zoning ordinance , Section 17 . 40 . 020 Garage Addition - Encroach 51 Into Side Yard Setback The Wassermans were not present . The item was Tabled until the end of the public hearing . B . 1101 Gail Drive , Arkady Rivtis Fence Code , Section 15 . 20 . 040 Fence Extended Past Building Line Mr . Schar reported that Mr . Rivtis submitted a permit application for a fence that would only be three feet (3) in height past the building line so a variance is unnecessary . APPOOFFI V. NEW BUSINESS A. 1042 Harvard Lane, Philip and Nancy Seils Zoning Ordinance, Section 17 . 32 . 020 Permit Existing Shed to Remain as Constructed Philip and Nancy Seils, 1042 Harvard Lane were sworn in and the public hearing notice was read. Mr. Seils summarized the reasons for requesting a variance : 1 . The shed was constructed prior to their purchase of the house and has probably been there for twenty 20) years. When they applied for a pool permit, they were informed that the shed is on the utility easement and is not permitted by code . Mr. Schar confirmed Ch. Heinrich' s statement that when the shed was constructed, they were not always inspected. After this length of time, if the neighbors have not objected, a variance could be granted by ordinance . There were no comments from the audience. Comments from Commissioners : Com. Arbus informed the petitioners that a recommendation would be subject the stipulation that if utilities are ever required, the shed would have to be removed. Com. Windecker noted that the utilities in that area are overhead. He did not object to the variance. Com. Entman had no objections . Mr. and Mrs . Seils agreed to remove the shed if the utilities are ever installed underground. Com. Arbus made the following motion: I move we recommend that the petition of Philip and Nancy Seils, 1042 Harvard Lane, for variance of Zoning Ordinance, Section 17 . 32 . 020, pertaining to Location of Accessory Buildings and Structures, ZONING BOARD OF APPEALS JULY 16, 1996 - PAGE TWO D D D YE' d 1 for the purpose of permitting the existing storage shed to remain as constructed on the utility easement, be granted. Petitioners have demonstrated that the plight of the owners is due to unique circumstances, due to the fact that they have overhead utilities . The shed was constructed over twenty (20) years ago and there have been no problems with utilities . The proposed variance will not alter the essential character of the neighborhood. Condition: The petitioners have been made aware that this recommendation is subject to removal of the shed should the utility com- panies ever exercise their rights to the easement . Com. Windecker seconded the motion. Roll Call Vote : AYE - Entman, Windecker, Arbus, Heinrich NAY - None Motion Passed - 4 to 0 . Findings of Fact Attached. Item will be on the Village Board Agenda August 5, 1996 . The permit may be issued after the ordinance is approved by the Corporate Authorities . B. Cambridge-On-The-Lake Condominiums, Dundee Road Fence Code, Section 15 . 20 . 040 - 71 Aluminum Fence Mr. Allen Goldberg, Property Manager, Cambridge-on-TheLake Homeowner' s Association, 200 Lake Boulevard, Buffalo Grove, IL 6009 (520-3033) was sworn in and the public hearing notice was read. Mr. Goldberg requested a variance that would permit replacement of the existing seven foot (71) wrought iron fence with a seven foot (71) aluminum fence along Dundee Road. The iron fence is twenty five (25) years old. Over the years it has been sanded and repainted, but it is badly trusted and it is not only an eyesore, it is dangerous. ZONING BOARD OF APPEALS JULY 18, 1996 - PAGE THREE APPRITIll'H;r U\k'd The iron spikes and corner pieces have corroded. When they contracted to have a similar fence erected, they were informed that a variance was necessary. A section of the proposed aluminum fence was presented. It will not deteriorate and will be safer for the public . Ch. Heinrich had no objections to the variance. There were no comments from the audience . The Commissioners agreed a new fence is necessary. Com. Windecker made a motion to grant the request made by the Cambridge-On-The-Lake Condominium Association for variance of Municipal Code, Section 1S. 20 . 040, pertaining to Residential Districts, for the purpose of installing a seven foot (71) aluminum fence along Dundee Road as shown on Exhibit A, the Plat of Survey that was submitted with the application. The petitioner having exhibited unique circumstances, the essential character of the neighborhood will not be affected. The fence will not be detrimental to the public health, safety and welfare . Com. Entman seconded the motion. Mr. Raysa indicated that the east end of the fence will be the rear of the property at 868 Saxon and the west end will be next to the Cambridge Commons Shopping Center. Roll Call Vote : AYE - Entman, Windecker, Arbus, Heinrich NAY - None Motion Passed - 4 to 0 . Findings of Fact Attached. Permit may be issued in fifteen days (August 1, 1996) . C. 2260 Apple Hill Court South, Ronald and Roberta Braver Zoning Ordinance, Section 17 .36 . 030-Parking Regulations Permit Driveway to Exceed the 40o Coverage Reauirement Ronald and Roberta Braver were sworn in and the public hearing notice was read. Mr. Braver summarized their reasons for requesting a variance : ZONING BOARD OF APPEALS JULY 16, 1996 - PAGE FOUR viirgAl 1 . The house is constructed on a cul-de-sac and it is not wide enough for a 3-car driveway. 2 . They want to use the driveway as a basketball court . 3 . The driveway would be used as a safe play area for their children and their friends . 4 . The configuration of the permitted driveway, as shown on the plat of survey, is not aesthetei.cally pleasing because of the taper. 5 . They have informed their neighbors and there have been no objections . There were no comments from the audience. Mr. Schar calculated that the driveway, as shown on the plat of survey would be eighteen feet (181) at the property line, which would be nine feet (91) narrower than a normal 3-car driveway. The Bravers are asking for the driveway to be widened to twenty-eight feet (281) from the garage to the property line, but to meet the code it would be tapered down at a sharp angle and it would be difficult to get cars in and out of the garage . Comments from Commissioners: Com. Windecker said the use as basketball court is not a unique circumstance. The house to the north also has a tapered driveway that is not three (3) cars wide. There is plaza in the center of the cul-de-sac and the driveway would run into the plaza. He would not object to a variance for aesthetic reasons . Ch. Heinrich stated that he has similar situation and shares the driveway with his neighbor, so there is a unique circumstance in that the driveway is too narrow. Mr. Braver said he did not realize the situation until they were given a plat of survey. ZONING BOARD OF APPEALS JULY 16, 1996 - PAGE FIVE ApP11:17111,71 if. It Com. Entman asked if the drawing, Exhibit E, is the proposed configuration? Mr. Schar said that the driveway could theoretically be twenty-eight feet (281) in width at the house and taper to twenty-seven (271) at the property line, but that would exceed the 40% front yard coverage limitation, so a variance is required. Ch. Heinrich recommended a variance permitting the driveway to exceed the 40 ' coverage limitation, and the Bravers can determine the exact configuration, when they submit the permit application. Com. Entman made the following motion: I move we recommend the request of Ronald and Roberta Braver, 2260 Apple Hill Court South, for variance of Zoning Ordinance, Section 17 . 36 . 030, pertaining to Parking Regulations, to permit the driveway to exceed the 400- . coverage requirement, pursuant to Exhibit E, by approximately sixty square feet (60 sq. ft . ) . Materials and construction to be approved by the Village. Petitioners having exhibited unique circumstances, the variance and widened driveway will not alter the essential character of the neighborhood. Com. Windecker seconded the motion. Roll Call Vote : AYE - Arbus, Windecker, Entman, Heirich NAY - None Motion Passed - 4 to 0 . Findings of Fact Attached. Item will be on the Village Board Agenda on August 5, 1996 . The permit may be issued after the ordinance is approved by the Corporate Authorities . Ch. Heinrich asked Mr. Schar to contact Town and Country and determine how many more lots in Mirielle subdivision will require similar variances . ZONING BOARD OF APPEALS JULY 16, 1996 - PAGE SIX i ; D. Strathmore Square Shopping Center Raybec Management Dundee and Arlington Heights Roads Sign Code, Section 14 . 36 . 010 - Real Estate Signs Mr. Marvin Feiger, representing the owners,BAM Dundee LLC C/o Raybec Management Company, Ltd. , 7855 Gross Point Road, Skokie, IL 60077 (847-677-1100) was sworn in and the public hearing notice was read. Mr. Feiger summarized the reasons for requesting a variance : 1 . Temporary leasing signs will attract new tenants and inform them that the center will be undergoing renovation. 2 . Leasing signs are only permitte ' d in the windows of vacant stores and with the front of the center set back so far from Dundee Road, they cannot be seen. 3 . Strathmore Square has a bad reputation and has been neglected for many years. The sign on Dundee Road will include a rendering of the proposed renovation plan and attract new local tenants, such as grocery and furniture stores, in addition to the tenants that are there. 4 . They are negotiating new leases with Blockbuster Music and Walgreen' s to provide new spaces . When new leases are signed, renovation can begin. Competition in the area is great and they need a new look. 5 . There is no parkway around the shopping center so they want to be able to install the signs as close to the roads as possible . Ch. Heinrich asked if the signs could be setback ten feet (101) in compliance with the code? Mr. Feiger did not object to meeting the setback, if necessary to get the variance . The Appearance Commission met on July 11, 1996 and voted 4 to 3 deny a recommendation for a variance that would permit the signs because of the sign copy and would prefer construction signs with the management company name and telephone number on them. ZONING BOARD OF APPEALS JULY 16, 1997 - PAGE SEVEN e �{ `� ~ ` t,4 1 Mr . Schar confirmed that the parking lot goes right up to sidewalk along Arlington Heights Road and he cautioned that there is no area that is not driven on . The signs would have to be installed into the asphalt . It was noted that very few cars park at the edge of the lot . Mr . Feiger did not oppose the ten foot (10' ) setback . Com . Arbus made the following motion : I move we a recommend approval of the request made by Raybec Management , Inc . for variance of Sign Code , Section 14 . 36 . 010 , pertaining to Real Estate Signs , for the purpose of installing two (2 ) temporary ground signs at Strathmore Shopping Center located on the northwest corner of Dundee Road and Arlington Heights Road . The 41 x . 1 ground sign is to be installed on Arlington Heights Road, set back a distance of ten feet ( 101 ) from the property line . The 81 x 121 ground sign is to be installed on Dundee Road, set back a distance of ten feet ( 101 ) from the property line . Said variance is to expire in six ( 6 ) months from the date the ordinance is approved by the Corporate authorities and it will be reviewed by the Zoning Board without further public hearing . Petitioner having demonstrated that the literal interpretation would impose undue hardship, due to general state of neglect and disrepair of the shopping center ! and the unpopularity of the shopping center . Granting of the variance would not be materially detrimental to the property owners in the vicinity : ZONING BOARD OF APPEALS JULY 16 , 1996 - PAGE NINE ea_- 1,4d j LiiitOUL i .e . the gas station on the corner, the shopping center across Dundee Road and the Buffalo Grove High School across Arlington Heights Road. The granting of the variance will not be contrary to the general objectives of the title moderating the size, number and obtrusive placement of the signs, and reduction of clutter. Unusual conditions applying to the specific do not apply generally to other properties in the Village. Com. Windecker seconded the motion. Ch. Heinrich noted the Appearance Commission' s recommendations to have the smaller sign installed on the west wall of the center facing Arlington Heights Road. The Zoning Board of Appeals Commissioners agree that this is an ineffective location for the sign for aesthetic reasons. Roll Call Vote : AYE - Entman, Windecker, Arbus, Heinrich NAY - None Motion Passed - 4 to 0 . Findings of Fact Attached. Item will be on the Village Board Agenda on August 5, 1996 . Permit may be issued after the ordinance is approved by the Corporate Authorities . Ch. Heinrich directed that the Appearance Commissioners be advised of the date of the Village Board meeting. E. 370 Blue Ash Drive, Robert and Geri Santini Fence Code, Section 15 . 20 . 040 - 71 Fence Mr. Robert Santini was sworn in and the public hearing was read. He summarized the reasons for requesting a variance : 1 . They need privacy from Port Clinton Road and Canterbury Park that adjoins their lot on the east . ZONING BOARD OF APPEALS JULY 16, 1996 - PAGE TEN Ai J O 16i huk.D1/ 1.6 pl i 2 . Their lot is the last one on the block and all the neighbors have been granted variances for similar seven foot (71) fences along the rear lot line. 3 . Because the of the grade difference between their lot and the park they would like to have a seven foot (71) fence along the eastern lot line. 4 . The fence will match the existing fences . Ch. Heinrich had no objections. There were no comments from the audience . Com. Windecker observed the survey shows fence from the eastern lot line to the house is to be five feet (51) in height and asked how the sides would be attached? Mr. Santini explained that the seven foot (71) fence will taper all the way down from the rear lot line to keep the top of the fence even. Com. Arbus made the following motion: I move we grant the request made by Robert and Geri Santini, 370 Blue Ash Drive, Municipal Code, Section 15 . 20 . 040, pertaining to Residential Districts, for the purpose of constructing a seven foot (71) wood fence along the rear lot line (Port Clinton Road) and a wood fence along the eastern lot line that would taper from seven feet (71) to five feet (SI) , according to the plat of survey submitted with the applications . Unique circumstances having been demonstrated, the essential character of the neighborhood will not be affected and the fence will not be detrimental to the public health, safety and welfare. Com. Arbus seconded the motion. Roll Call Vote : AYE - Entman, Wi.ndecker, Arbus, Heinrich NAY - None • Motion Passed - 4 to 0 . Findings of Fact Attached. Permit may be issued in fifteen (15) days - August 1, 1996 . ZONING BOARD OF APPEALS JULY 16, 1996 - PAGE ELEVEN LibiLQJ /ij u V. ANNOUNCEMENTS QLD BUSINESS A. 861 Checker Drive, Joel and Alisa Wasserman Zoning Ordinance, Section 17 .40 . 020 - Garage Addition Encroach five feet (51) Into Side Yard Setback Since the Wassermans did not appear at two consecutive public hearings, the petition will be dismissed. Motion to remove from Table was made by Com. Windecker and seconded by Com. Entman. Voice Vote - AYE Unanimously Com. Arubs made a motion to deny the request of Joel and Alisa Wasserman, 861 Checker Drive, for variance of Zoning Ordinance, Section 17 .40 . 020 . Com. Entman seconded the motion. Roll Call Vote : AYE - Entman, Windecker, Arbus, Heinrich NAY - None Motion to Deny Variance Passed - 4 to 0 . Ch. Heinrich asked that the Wassermans be notified by mail that their request for a variance has been denied. B. 1011 Gail Drive, Arkady Rivtis Fence Code, Section 15 .20 . 040 Fence Past Building Line Motion to remove from Table was made by Com. Windecker and seconded by Com. Arbus. Voice Vote - AYE Unanimously Mr. Schar said Mr. Rivtis brought the public hearing sign into the office and submitted and application permit to construct a fence that would conform with the Fence Code . The permit has been issued so his request was withdrawn. • Com. Arbus made a motion to deny the petition of Arkady Rivtis, 1101 Gail Drive for variance of Fence Code, Section 15 . 20 . 040 . ZONING BOARD OF APPEALS JULY 16, 1996 - PAGE TWELVE � 1Fl .J U UiLnJi\iLLj Com. Windecker seconded the motion. Roll Call Vote : AYE - Entman, Windecker, Arbus, Heinrich NAY - None Motion to Deny Variance Passed - 4 to 0 . C. Minutes of June 18, 1996, Motion to approved as submitted was made by Com. Windecker and seconded by Com. Arbus. Roll Call Vote : AYE - Entman, Windecker, Arbus, Heinrich NAY - None Motion Passed - 4 to 0 . VI . ADJOURNMENT Motion to adjourn was made by Com. Arbus and seconded by Com. Windecker. Voice Vote - AYE Unanimously Ch. Heinrich adjourned the meeting at 8 :42 P.M. Respectfully submitted, Shirley Bates Recording Secretary sb ZONING BOARD OF APPEALS JULY 16, 1996 - PAGE THIRTEEN