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2013-06-18 - Zoning Board of Appeals - Minutes DOD D 0 �s suc�� rrE� 7/ii 113 REGULAR MEETING BUFFALO GROVE ZONING BOARD OF APPEALS JUNE 18, 2013 Chairman Entman called the Zoning Board of Appeals regular meeting to order at 7:32 P.M. on Tuesday,June 18, 2013 in the Council Chambers of the Village Hall, 50 Raupp Boulevard. ROLL CALL Commissioners Present: Commissioner Cesario Commissioner Steingold Commissioner Windecker Commissioner Lesser Commissioner Au Chairman Entman Commissioners Absent: Commissioner Shapiro Also Present: Les Ottenheimer,Village Trustee William Raysa, Village Attorney Brian Sheehan, Deputy Building Commissioner APPROVAL OF MINUTES May 21, 2013 minutes: Corn. Windecker made a motion to approve the minutes of the Zoning Board of Appeals regular meeting held on Tuesday, May 21, 2013. Corn. Cesario seconded the motion. Three minor corrections were noted. Roll Call Vote: AYE—Cesario, Steingold, Windecker,Au, Entman NAY—None ABSTAIN—Lesser Motion Passed 5 to 0, 1 Abstention. Minutes approved as corrected. OLD BUSINESS 15-45 E. DUNDEE ROAD, 14 DUNDEE, LLC - SIGN CODE, SECTIONS 14.16.030, 14.16.060 AND 14.20.070, FOR THE PURPOSE OF ALLOWING A NEW GROUND SIGN THAT WOULD INCLUDE A LED DIGITAL DISPLAY AT THE CAMBRIDGE COMMONS SHOPPING CENTER, 15-45 E. DUNDEE ROAD ZONING BOARD OF APPEALS JUNE 18, 2013 PAGE 1 of 12 ti Mr. Nick Vittore, Svigos Asset Management, 580 N. Bank Lane, Suite 33, Lake Forest, Illinois 60045, was present and sworn in. Mr. Vittore explained that the Illinois Department of Transportation (IDOT) has earmarked the southeast corner of Buffalo Grove Road and Dundee Road to make a larger turn lane. Based upon the information from IDOT, he has changed the proposed location of the ground sign. He has relocated the sign approximately forty three (43) feet east of the Buffalo Grove Road property line. This new proposed location will eliminate two (2) parking spaces. The sign would be perpendicular to Dundee Road. To address the concerns regarding the sign height, they have based the design of the proposed sign on the ground sign at the Wheeling location. The current Cambridge Commons ground sign is approximately twenty (20) feet high and fourteen (14) feet wide. They are looking for a similar size that would include a reader board. Mr. Vittore distributed a revised site plan, which was marked as Exhibit "I"; a partial site plan, which was marked as Exhibit "G"; and a new proposed ground sign rendering, which was marked as Exhibit "H". Mr. Vittore described the new proposed sign rendering. The new proposed sign would be twenty (20) feet in height with black decorative eye beams at the top which measure three (3) feet eleven (11) inches in height.The sign would contain an LED reader board with three (3)tenant panels below the reader board. Ch. Entman asked Mr. Sheehan if the revised sign location has been reviewed by the Village Engineer. Mr. Sheehan stated that the Village received the revised site plan earlier in the day and had forwarded it to the Village Engineer for review but did not receive a response prior to the meeting. Ch. Entman stated that he is not comfortable rendering a decision until he has a report from the Village Engineer on the revised sign location. Corn. Windecker asked Mr. Sheehan if the new proposed sign has been reviewed by the Appearance Review Team (ART). Mr. Sheehan advised that the new proposed sign has not been reviewed by the ART, adding that the Zoning Board of Appeals (ZBA) routinely reviews revisions or amendments to sign size and mass based upon commissioner's requests or comments without any additional appearance reviews. The new proposed sign was reduced as requested by the ZBA; there have been no other substantive changes to the sign which would have required an additional ART review. Mr. Vittore added that nothing else has changed on the proposed sign except the height. Com. Steingold stated that he attended the ART meeting on May 9, 2013 and that Mr. Vittore was not in attendance at that meeting. Mr. Vittore stated that he had discussed the recommendations of the ART with staff after that meeting. Ch. Entman stated again that he is not comfortable rendering any kind of decision without having a report from the Village Engineer on the revised location. The new proposed sign is still taller and larger than he is comfortable with. ZONING BOARD OF APPEALS JUNE 18, 2013 PAGE 2 of 12 Corn. Windecker stated that the ART requested information on how the tenant panels will be utilized. Mr. Vittore responded that he believes that he has complied with the ART request. He will not commit to a tenant panel layout until they know who the tenants will be. Corn. Windecker stated that he would need to see the size and specifications for the proposed LED reader board. Mr. Vittore stated that at the last meeting, the ZBA asked for the same sign to be reduced in size, which he did as requested. He is not sure what else the ZBA wants. Corn. Windecker stated that he has not had enough time to review the new proposed ground sign. Corn. Cesario stated that it would be best to have the Village Engineer's review of the new sign location before proceeding. There are a lot of things going on with a lot of moving pieces concerning this project. He would like to see the entire package, building and sign, when the pieces are not moving. Mr. Vittore stated that he wants this project to move forward. The cost of the sign is not something they can come up with overnight, especially if they have to move the sign. He asked if the ZBA will not make a decision until the building project is done. Corn. Cesario advised that is not what he stated. Corn. Lesser stated that the previous proposed sign was twenty seven (27) feet high and the current proposed sign is twenty four (24) feet high. The sign was requested to be reduced in height and size proportionately. That was not done. They do not have a revised Village Engineer's report. They simply do not have the information necessary to render a vote on the proposal. Mr. Vittore stated that the sign was reduced to one hundred twenty two (122) square feet of copy area. Their current sign is one hundred twenty (120) square feet of copy area. Corn. Lesser stated that he would like the new proposed sign to be reviewed by the ART first. Corn. Au stated that she appreciates that the sign was scaled down. Adding the accent piece to the top of the sign structure makes the sign more aesthetically pleasing. She would be in favor of the sign as proposed. Ch. Entman stated that it is difficult to review the proposal when it is done in this fashion. The issues at bay are the building height, sign location and sign height. They all affect each other. He would need the Village Engineer's report. He believes that the proposed sign is still too high. The ZBA tries to keep the height of ground signs to a minimum. Mr. Vittore responded that the sign location may change slightly based on the recommendation of the Village Engineer but that the height will not change. Mr. Vittore submitted photographs of existing signs, which was marked as Exhibit "J". Mr. Vittore reviewed the photographs. Photograph 1: Mobil ground sign on Lake Cook Road in Wheeling; Photograph 2: Wal- Mart/Sam's Club ground sign on Lake Cook Road in Wheeling; Photograph 3: Zimmerman True Value ground sign on Buffalo Grove Road; Photograph 4: Grove Court Shopping Center ground sign on Buffalo Grove Road; Photograph 5: Town Center ground sign on McHenry Road; Photograph 6: Medical Home ground sign on Buffalo Grove Road; Photograph 7: BMO Harris ZONING BOARD OF APPEALS JUNE 18, 2013 PAGE 3 of 12 Bank ground sign in Wheeling; Photograph 8: Country Court Shopping Center ground sign on Dundee Road; Photograph 9: Dunell Center ground sign on Dundee Road; Photograph 10: Midwest Bank ground sign on Dundee Road; and Photograph 11: Carriageway Center ground sign in Arlington Heights. Ch. Entman responded that the signs that are located in Buffalo Grove are old. The other signs are not located in Buffalo Grove. He would not approve the sign at its current proposed height. Mr. Vittore asked about the review of the revised Uniform Sign Package for the center. Ch. Entman recommended putting that on hold until the current issues have been resolved. Mr. Vittore amended his petition to locate the new proposed sign location pursuant to Exhibits "I" and "G", subject to the Village Engineer's review; and to construct the new proposed sign pursuant to Exhibit "H". He asked the ZBA to vote on his amended petition. Mr. Raysa advised that before a motion is made, the ZBA usually discusses the parameters of changeable copy LED signs, such as hours of illumination, brightness, etc. Mr. Sheehan stated that the ZBA can make the motion subject to the LED reader board complying with the remaining regulations of the Sign Code as they pertain to brightness, illumination, etc. Mr. Vittore agreed to have the sign comply with those regulations. There were no additional questions or comments from the Commissioners. There were no questions or comments from the audience. Com. Lesser made the following motion: I move we recommend to the Village Board to grant the amended request made by 14 Dundee, LLC, on behalf of Svigos Asset Management, 580 N. Bank Lane, Lake Forest, Illinois 60045, for variance of Sign Code, Section 14.16.030, pertaining to Business Districts; Section 14.16.060, pertaining to Ground Signs; and Section 14.20.070, pertaining to Electronic Message Signs, for the purpose of allowing a new ground sign that would include a LED digital display at the Cambridge Commons Shopping Center, 15-45 E. Dundee Road. The variance is subject to the following conditions: 1. The sign shall be located pursuant to Exhibits "G" and "I", subject to further review by the Village Engineer; 2. The sign shall be installed pursuant to Exhibit "H"; 3. Subject to the Village Engineer's report dated May 7, 2013 and subsequent review not yet received; 4. Subject to the Appearance Review Team minutes dated May 9, 2013; and 5. The sign shall operate pursuant to the regulations contains in Sign Code, Section 14.20.070.D, pertaining to Electronic Message Signs with the exception of height and square footage. ZONING BOARD OF APPEALS JUNE 18, 2013 PAGE 4 of 12 Pursuant to Sign Code, Section 14.40.010, Subsection B. Corn. Windecker seconded the motion. Roll Call Vote AYE—Au Nay—Cesario, Steingold, Windecker, Lesser, Entman ABSTAIN —None Motion Denied by a vote of 5 to 1. The Petitioner was advised of their right to appeal this decision to the Village Board. NEW BUSINESS 600 N. BUFFALO GROVE ROAD, INDECK ENERGY SERVICES - REVIEW OF STATUS OF THE EXISTING FOR RENT, SALE, LEASE SIGN Mr. Richard McCarty, Imperial Realty Company, 4747 W. Peterson Avenue, Chicago, Illinois 60646, was present and sworn in. Mr. McCarty explained that he is requesting to allow the existing leasing sign to remain. When he prepared the letter dated June 4, 2013 addressed to the Zoning Board of Appeals (ZBA), the available square footage was 5,937. Since that time, the landlord had reconfigured the space in the building and the square footage currently available is 11,905. He requested to change the square footage information on the sign to reflect the new available square footage. Corn. Cesario confirmed with Mr. McCarty that nothing else on the sign would be changed except for the square footage available. Mr. McCarty confirmed that nothing else would change. Ch. Entman recommends reviewing the sign in six (6) months. Corn. Windecker made a motion to grant a six (6) month extension for Indeck Energy Services, pertaining to the existing "For Rent, Sale or Lease" sign located at 600 Buffalo Grove Road. Petitioner to appear at the December 17, 2013 Zoning Board of Appeals meeting for a status review of the sign. Com. Cesario seconded the motion. After the motion, Corn. Lesser advised Mr. McCarty that approval by the Zoning Board of Appeals (ZBA) is not necessary to change the square footage number on the sign. Roll Call Vote: AYE—Cesario, Steingold, Windecker, Lesser,Au, Entman ZONING BOARD OF APPEALS JUNE 18, 2013 PAGE 5 of 12 NAY—None ABSTAIN —None Motion Passed 6 to 0. Item to appear on the December 17, 2013 Zoning Board of Appeals agenda. 1 ASHFORD COURT, PAUL FRANK - FENCE CODE, SECTION 15.20.040, FOR THE PURPOSE OF ALLOWING A FIVE (5) FOOT SOLID WOOD FENCE BEGINNING ON THE SOUTH ELEVATION OF THE HOUSE AT A POINT TWENTY ONE (21) FEET WEST OF THE SOUTHEAST CORNER OF THE HOME AND THEN EXTENDING SOUTH TO A POINT EIGHTEEN (18) FEET NORTH OF THE SOUTH PROPERTY LINE; THEN TURNING WEST AND FOLLOWING THE SIDEWALK A DISTANCE OF APPROXIMATELY THIRTY FIVE (35) FEET; THEN TURNING NORTHWEST AND RETURNING TO THE BUILDING SETBACK LINE Mr. Paul Frank, 1 Ashford Court, was present and sworn in. The public hearing notice published in the Daily Herald on May 30, 2013 was read. Mr. Frank explained that when they moved into the home there was an existing fence in the same location. Two years later the fence came down. When he came to the Village to apply for a permit to replace the fence, he was advised that he could not replace the fence without a variance so he put bushes in instead. The bushes are now seven (7) to eight (8) feet tall and need to go. He would like to put the fence in the same location as the old fence and subsequent bushes. Ch. Entman read the Village Engineer's memorandum addressed to Brian Sheehan dated June 3, 2013 which states: "Brian, besides making sure that the two proposed fences do not restrict drainage like it appears they do not, I do not have any issues with these two cases for the June 18th ZBA which are located at 1 Ashford Court and at 818 Prairie Lane. Darren" Com. Windecker asked if the bushes have already been removed and if the tree will interfere with the fence location. Mr. Frank advised that the bushes have been removed and the fence would be located between the house and the tree. Ch. Entman asked if the fence would be a five (5) foot high solid wood dog ear style privacy fence. Mr. Frank advised that it will be to match the fence around the rest of the yard. Mr. Frank stated that there may be a drainage issue with a downspout off the end of the house. The downspout goes under the sidewalk and comes up right where the fence location would be. Ch. Entman stated that the drainage is subject to the Village Engineer's memorandum. There were no additional questions or comments from the Commissioners. There were no questions or comments from the audience. Corn. Cesario made the following motion: ZONING BOARD OF APPEALS JUNE 18, 2013 PAGE 6 of 12 I move we grant the request made by Paul Frank, 1 Ashford Court, for variance of Fence Code, Section 15.20.040, pertaining to Residential Districts, for the purpose of allowing a five (5) foot solid wood fence beginning on the south elevation of the house at a point twenty one (21) feet west of the southeast corner of the home and then extending south to a point eighteen (18) feet north of the south property line;then turning west and following the sidewalk a distance of approximately thirty five (35) feet;then turning northwest and returning to the building setback line. Subject to the Village Engineer's memorandum dated June 3, 2013. The Petitioner has demonstrated hardship and unique circumstances. The proposed fence will not be detrimental to the public health, safety and welfare and will not alter the essential character of the neighborhood. Com. Windecker seconded the motion. Roll Call Vote: AYE—Cesario, Steingold, Windecker, Lesser, Au, Entman NAY—None ABSTAIN—None Motion Passed 6 to 0. Findings of Fact attached. Permit may be issued in fifteen (15) days—July 4, 2013. 818 PRAIRIE LANE, SUSAN MARCUS- FENCE CODE, SECTION 15.20.040, FOR THE PURPOSE OF CONSTRUCTING A FOUR (4) FOOT WOOD PICKET FENCE BEGINNING AT A POINT TWENTY(21) FEET WEST OF THE NORTHEAST CORNER OF THE HOME, EXTENDING NORTH A DISTANCE OF FOURTEEN (14) FEET; THEN TURNING WEST, PARALLEL TO FOX HILL DRIVE, A DISTANCE OF FIFTY SIX AND ONE HALF (56-1/2) FEET TO THE REAR PROPERTY LINE. SAID FENCE WILL BE LOCATED APPROXIMATELY 14.53 FEET SOUTH OF THE PROPERTY LINE AND 9.53 FEET SOUTH OF THE SIDEWALK Mrs. Susan Marcus, 818 Prairie Lane, was present and sworn in. The public hearing notice published in the daily Herald on May 30, 2013 was read. Mrs. Marcus explained that they currently have a three (3) foot high fence in the same location. That fence is falling down and they would like to replace it with a four (4) foot high fence. The fence is currently located on the inside of the bushes. Previously the Village allowed three (3) foot high fences with a break in them but no longer do so they decided to go with a four (4)foot high fence. Ch. Entman read the Village Engineer's memorandum addressed to Brian Sheehan dated June 3, 2013 which states: "Brian, besides making sure that the two proposed fences do not restrict ZONING BOARD OF APPEALS JUNE 18, 2013 PAGE 7 of 12 drainage like it appears they do not, I do not have any issues with these two cases for the June 18th ZBA which are located at 1 Ashford Court and at 818 Prairie Lane. Darren" Corn. Windecker asked if the new fence would be located on the inside or the outside of the bushes. Mrs. Marcus advised that the fence would be located on the inside of the bushes. There were no additional questions or comments from the Commissioners. There were no questions or comments from the audience. Corn. Windecker made the following motion: I move we grant the request made by Susan Marcus, 818 Prairie Lane, for variance of Fence Code, Section 15.20.040, pertaining to Residential Districts, for the purpose of constructing a four (4) foot wood picket fence beginning at a point twenty (21) feet west of the northeast corner of the home, extending north a distance of fourteen (14) feet;then turning west, parallel to Fox Hill Drive, a distance of fifty six and one half (56-1/2) feet to the rear property line. Said fence will be located approximately 14.53 feet south of the property line and 9.53 feet south of the sidewalk. Subject to the Village Engineer's memorandum dated June 3, 2013. The Petitioner has demonstrated hardship and unique circumstances. The proposed fence will not be detrimental to the public health, safety and welfare and will not alter the essential character of the neighborhood. Corn. Lesser seconded the motion. Roll Call Vote: AYE—Cesario, Steingold, Windecker, Lesser,Au, Entman NAY—None ABSTAIN —None Motion Passed 6 to 0. Findings of Fact attached. Permit may be issued in fifteen (15) days—July 4, 2013. 180 HALF DAY ROAD, SUNRISE SENIOR LIVING - SIGN CODE, SECTIONS 14.16.010 AND 14.16.070, FOR THE PURPOSE OF RE-FACING THE EXISTING GROUND SIGNS AS PREVIOUSLY APPROVED UNDER ORDINANCE 1998-18 WITH THE NEW COMPANY LOGO Ms. Jackie Rockenbach, Sunrise Senior Living, 180 Half Day Road, was present and sworn in. The public hearing notice published in the Daily Herald on May 30, 2013 was read. Ms. Rockenbach explained that the company changed their name from Sunrise Assisted Living to Sunrise Senior Living and the signs were refaced with the new company name. The only ZONING BOARD OF APPEALS JUNE 18, 2013 PAGE 8 of 12 change is that the sign marked as Exhibit "E4" is smaller. The lower panel was removed from the sign. Ch. Entman read the Appearance Review Team (ART) minutes dated June 5, 2013. Corn. Windecker stated that the ART did not have any issues with the signs. The signs are the same; it is just a color change. There were no additional questions or comments from the Commissioners. There were no questions or comments from the audience. Com. Au made the following motion: I move we recommend to the Village Board to grant the request made by SZR Buffalo Grove Assisted Living, LLC, 180 Half Day Road, for variance of Sign Code, Section 14.16.010, pertaining to Residential Districts; and Section 14.16.070, pertaining to Ground Signs, for the purpose of re-facing the existing ground signs as previously approved under Ordinance 1998-18 with the new company logo. Subject to the Appearance Review Team (ART) minutes dated June 5, 2013. Pursuant to Sign Code, Section 14.40.010, Subsection B. Com. Windecker seconded the motion. Roll Call Vote: AYE—Cesario, Steingold, Windecker, Lesser, Au, Entman NAY—None ABSTAIN—None Motion Passed 6 to 0. Findings of Fact attached. Item to appear on the July 15, 2013 Village Board agenda. 1240 W. DUNDEE ROAD, YOFRUITO FROZEN YOGURT - DEVIATION TO THE STRATHMORE SQUARE SHOPPING CENTER SIGN CRITERIA, TO ALLOW THE PRODUCT TO BE USED IN THE WALL SIGN Mr. Jongmin Lee, Ciel, Inc., d/b/a YoFruito Frozen Yogurt, 1240 W. Dundee Road, was present and sworn in. Mr. Lee explained that he was not aware that the Strathmore Square Shopping Center Sign Criteria did not allow the use of "Frozen Yogurt" in the sign. He was present at the Appearance Review Team (ART) meeting. The ART asked for the size of the "Frozen Yogurt"to be reduced in ZONING BOARD OF APPEALS JUNE 18, 2013 PAGE 9 of 12 size. Based on the request, he had his sign contractor prepare a revised sign drawing which was submitted to the Zoning Board of Appeals (ZBA). Ch. Entman read the ART minutes dated June 5, 2013 and the subsequent emails concerning the revised sign rendering. Corn. Windecker advised that the ART recommended that the "Frozen Yogurt" portion of the wall sign be reduced. He had reviewed the revised sign drawing marked as Exhibit "F" and he does not have any issues with it. There were no additional questions or comments from the Commissioners. There were no questions or comments from the audience. Com. Windecker made the following motion: I move we grant the request made by Ciel, Inc., d/b/a YoFruito Frozen Yogurt, 1240 W. Dundee Road, for Deviation to the Strathmore Square Shopping Center Sign Criteria, to allow the product to be used in the wall sign pursuant to Exhibit "F". Subject to the Appearance Review Team (ART) minutes dated June 5, 2013. Com. Cesario seconded the motion. Roll Call Vote: AYE—Cesario, Steingold, Windecker, Lesser, Au, Entman NAY—None ABSTAIN —None Motion Passed 6 to 0. 1300 W. DUNDEE ROAD, ROGAN'S SHOES - DEVIATION TO THE STRATHMORE SQUARE SHOPPING CENTER SIGN CRITERIA, TO ALLOW THE WALL SIGN HEIGHT TO EXCEED THE MAXIMUM PERMITTED BY SIX (6) INCHES; AND TO ALLOW THE PRODUCT TO BE USED IN THE WALL SIGN Mr. Michael Prochaska, Michael's Signs, 3914 S. Memorial Drive, Racine, WI 53403, was present and sworn in. Mr. Prochaska explained that Rogan's Shoes had moved to a new location and they wanted to move their existing wall sign to their new location. Rogan's Shoes is their legal business name. Ch. Entman read the Appearance Review Team (ART) minutes dated June 5, 2013 and the Letter of Authorization dated May 24, 2013. ZONING BOARD OF APPEALS JUNE 18, 2013 PAGE 10 of 12 Corn. Lesser asked Mr. Prochaska what the cost would be if Rogan's had to make a new, smaller sign. Mr. Prochaska stated that the estimated cost of a new wall sign would be approximately $7,500.00 to$8,500.00. He added that Rogan's is an eco-friendly company. There were no additional questions or comments from the Commissioners. There were no questions or comments from the audience. Com. Lesser made the following motion: I move we grant the request made by Rogan's Shoes, 1300 W. Dundee Road, for Deviation to the Strathmore Square Shopping Center Sign Criteria,to allow the wall sign height to exceed the maximum permitted by six (6) inches; and to allow the product to be used in the wall sign. Subject to the Appearance Review Team (ART) minutes dated June 5, 2013. Corn. Windecker seconded the motion. Roll Call Vote: AYE—Cesario, Steingold, Windecker, Lesser, Au, Entman NAY—None ABSTAIN—None Motion Passed 6 to 0. ANNOUCEMENTS Mr. Sheehan advised the Zoning Board of Appeals of the results of the appeal made by Svigos Asset Management regarding the ZBA denial of the zoning ordinance variation request. The Village Board upheld the denial made by the ZBA. Discussions are being held with the Village Manager's office regarding a possible motion to reconsider. Mr. Sheehan also advised that Mr. lmreibe was not present at the Village Board meeting so therefore the appeal request was Tabled to the July 15, 2013 Board meeting. Mr. lmreibe stated that he did not receive notification of the date of the Village Board meeting in which his appeal would be heard. Moving forward we will send the letters both regular mail and via email. ADJOURNMENT Motion to adjourn the meeting was made by Corn. Windecker and seconded by Com. Lesser. Voice Vote—AYE was unanimous. Ch. Entman adjourned the meeting at 9:08 P.M. Submitted by, ZONING BOARD OF APPEALS JUNE 18, 2013 PAGE 11 of 12 aqu-L J ,. lie Kamka Recording Secretary ZONING BOARD OF APPEALS JUNE 18, 2013 PAGE 12 of 12