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2012-03-20 - Zoning Board of Appeals - Minutes App RITED REGULAR MEETING AS S,$tn►Trap '4 fr 1 ha- `.J BUFFALO GROVE ZONING BOARD OF APPEALS MARCH 20, 2012 Chairman Entman called the Zoning Board of Appeals regular meeting to order at 7:30 P.M. on Tuesday, March 20, 2012 in the Council Chambers of the Village Hall, 50 Raupp Boulevard. ROLL CALL Commissioners Present: Commissioner Cesario Commissioner Windecker Commissioner Shapiro Commissioner Au Chairman Entman Commissioners Absent: Commissioner Steingold Commissioner Lesser Also Present: William Raysa,Village Attorney Brian Sheehan, Deputy Building Commissioner APPROVAL OF MINUTES February 20, 2012 minutes: Corn. Windecker made a motion to approve the minutes of the Zoning Board of Appeals regular meeting held on Tuesday, February 20, 2012. Corn. Cesario seconded the motion. Roll Call Vote: AYE—Cesario, Windecker, Shapiro,Au, Entman NAY—None ABSTAIN —None Motion Passed 5 to 0. Minutes approved as submitted. OLD BUSINESS 950 BUSCH PARKWAY, XTREME TRAMPOLINES —SIGN CODE, SECTIONS 14.20.050; 14.20.070 AND 14.20.180, FOR THE PURPOSE OF ALLOWING BOTH THE TEMPORARY IDENTIFICATION GROUND SIGN AND THE PERMANENT GROUND SIGN TO BE LOCATED CLOSER TO THE PROPERTY LINE THAN PERMITTED. ZONING BOARD OF APPEALS MARCH 20, 2012 PAGE 1 of 8 ♦t1 V V V Ch. Entman read an email sent by Eric Beck dated March 13, 2012 to Brian Sheehan which states: "Please remove us from the above mentioned meeting on the 20th. This week I will submit a conforming sign application." Ch. Entman stated that the variation application has been withdrawn. No further action required. NEW BUSINESS 1101 OLD BARN ROAD, SIMARPREET PREET - FENCE CODE, SECTION 15.20.040, FOR THE PURPOSE OF CONSTRUCTING A SIX (6) FOOT WOOD PRIVACY FENCE BEGINNING AT THE SOUTHEAST CORNER OF THE HOUSE AND EXTENDING SOUTH A DISTANCE OF FOUR (4) FEET; THEN TURNING EAST A DISTANCE OF APPROXIMATELY THIRTY NINE (39) FEET;THEN TURNING SOUTH A DISTANCE OF APPROXIMATELY TWENTY FOUR(24) FEET;THEN TURNING EAST A DISTANCE OF APPROXIMATELY TWELVE (12) FEET TO THE REAR PROPERTY LINE; THEN TURNING NORTH ALONG THE REAR PROPERTY A DISTANCE OF APPROXIMATELY FOURTEEN (14) FEET Mr. Jetendra P. Singh, 1101 Old Barn Road, was present and sworn in. The public hearing notice published in the Daily Herald on March 5, 2012 was read. Ch. Entman read into the record an email submitted by Mr. Simarpreet Preet dated LI March 14, 2012, granting authorization to Mr.Jetendra Singh to act on his behalf. Mr. Singh explained that the request is to install a six (6) foot wood privacy fence that would extend four (4) feet from the house, then turn east a distance of thirty nine (39) feet, then turn south a distance of twenty four (24) feet, then turning east a distance of twelve (12) feet, then turning north along the rear property line a distance of fourteen (14) feet. A variation was granted to the previous property owner to construct a fence in the same area. Ch. Entman confirmed with Mr. Singh that the request is for a six (6) foot wood privacy fence. Ch. Entman read the Village Engineer's memorandum addressed to Brian Sheehan dated March 9, 2012 which states: "I have no comments on the proposal." Corn. Windecker advised Mr. Singh that the previous fence variation granted was for a four (4)foot high fence. He has no objection the proposed fence location and height due to the bushes and trees located on the berm. Mr. Sheehan advised that the trees and bushes are part of an approved landscaping plan for the subdivision. ZONING BOARD OF APPEALS MARCH 20, 2012 PAGE 2 of 8 L. Corn. Cesario confirmed that the location of the proposed fence is due to the landscaping. He advised that the landscaping shall be maintained. 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 Simarpreet Preet, 1101 Old Barn Road, for variance of Fence Code, Section 15.20.040, for the purpose of constructing a six (6) foot wood privacy fence beginning at the southeast corner of the house and extending south a distance of four (4) feet; then turning east a distance of approximately thirty nine (39) feet; then turning south a distance of approximately twenty four (24) feet; then turning east a distance of approximately twelve (12) feet to the rear property line; then turning north along the rear property a distance of approximately fourteen (14) feet. The variation is subject to the Village Engineer's memorandum dated March 9, 2012. The fence is to be located behind the landscaping berm. The trees and bushes located within the landscaping berm along Deerfield Parkway shall continue to be maintained and replaced as necessary by the petitioner in conformance with the approved landscaping plan. Com. Au seconded the motion. Roll Call Vote: AYE—Cesario, Windecker, Shapiro,Au, Entman NAY—None ABSTAIN —None Motion Passed 5 to 0. Findings of Fact attached. Permit may be issued in fifteen (15) days—April 5, 2012. 251 MILWAUKEE AVENUE, ATRIUM REALTY I, LLC — REVIEW OF STATUS OF THE EXISTING FOR RENT, SALE, LEASE SIGN Mr. Tom Holland, Holland Design Group, 1090 Brown Street, Wauconda, Illinois 60084, was present and sworn in. Mr. Holland explained that there is still a need for the sign. The property manager has thirteen (13) vacant spaces available for lease within the building. They are requesting a six (6) month extension. Ch. Entman reviewed the current occupancy information submitted with the request. ZONING BOARD OF APPEALS MARCH 20, 2012 PAGE 3 of 8 Corn. Windecker advised Mr. Holland that the address of the subject property referenced in the letter dated January 26, 2012 is incorrect. The address is shown as Wheeling not Buffalo Grove. He asked for the address to be corrected for the next status review. Ch. Entman does not have any issues with approving a six (6) month extension. There were no additional questions or comments from the Commissioners. There were no questions or comments from the audience. Corn. Shapiro made a motion to grant a six (6) month extension for Atrium Realty I, LLC, for the "For Rent, Sale or Lease" sign located at 251 Milwaukee Avenue. Petitioner to appear at the September 18, 2012 Zoning Board of Appeals meeting for a status review of the sign. Com. Cesario seconded the motion. Roll Call Vote: AYE—Cesario, Windecker, Shapiro,Au, Entman NAY—None ABSTAIN —None Motion Passed 5 to 0. Item to appear on the September 18, 2012 Zoning Board of Appeals agenda. 88 E. DUNDEE ROAD, LUX CARS CHICAGO-SIGN CODE, SECTIONS 14.20.030; 14.20.070 AND 14.20.080, FOR THE PURPOSE OF REPLACING THE EXISTING WALL SIGN ON THE EAST ELEVATION OF THE BUILDING WITH A NEW WALL SIGN THAT EXCEEDS THE PERMITTED SIZE AND DOES NOT FACE THE PUBLIC RIGHT OF WAY; AND TO REFACE THE EXISTING GROUND SIGN THAT IS LOCATED WITHIN TWO HUNDRED FIFTY (250) FEET OF AN EXISTING GROUND SIGN LOCATED ON THE SAME SIDE OF THE STREET Mr. Michael Orik, Lux Cars Chicago, 88 E. Dundee Road, and Mr. Edward Rothchild, Attorney, 16 Monterey Drive, Vernon Hills, Illinois 60061, were present and sworn in. The public hearing notice published in the Daily Herald on March 1, 2012 was read. Mr. Orik explained that he was not aware that the proposed wall sign on the east elevation is larger than the previously approved Prestige wall sign. He advised that he is amending his request to comply with the size of the previously approved Prestige wall sign on the east elevation of the building. Ch. Entman read the Village Engineer's memorandum addressed to Brian Sheehan dated March 9, 2012 which states: "I have no comments on the proposal." ZONING BOARD OF APPEALS MARCH 20, 2012 PAGE 4 of 8 Ch. Entman read the Appearance Review Team (ART) minutes dated March 7, 2012. Ch. Entman advised that during the ART meeting, Mr. Orik stated that the wall sign will be the same size as the existing Prestige wall sign, but in fact it will be larger. He confirmed with Mr. Orik that he is amending his request to make the proposed wall sign the same size as the previously approved wall sign. Corn. Windecker advised that the hours of illumination approved for the previous signs were 10:00 a.m. to two (2) hours after the close of business. Mr. Orik agreed to comply with the hours of illumination. Mr. Frank Sears, Cambridge on the Lake Homeowners Association, 50 Lake Boulevard, was present and sworn in. Mr. Sears advised that he is representing the Homeowners Association of the condominiums located directed across Dundee Road. He initially came to object to the proposed wall sign as it was originally requested to be larger than the approved wall sign for Prestige. He has learned that the Petitioner will replace the wall sign with the same size as the previously approved Prestige wall sign. He no longer has any objections. Mr. Sheehan advised that he received a telephone call from a Mr. Hudson who resides at Cambridge on the Lake inquiring about the size of the proposed signs. Mr. Hudson advised that he had no objections and was just looking for information. L/ Ch. Entman read into the record a document received by fax from Mr. DeCicco, 250 Lake Boulevard, Unit 219, Buffalo Grove, Illinois 60089. Mr. Raysa advised that the variation, if granted, should be granted to M & I Imports, which is the corporation name. Lux Cars Chicago is the doing business as name. He also advised that he is requiring a copy of the signed lease and landlord approval of the proposed signs be submitted. There were no additional questions or comments from the Commissioners. There were no additional questions or comments from the audience. Com. Cesario made the following motion: I move we recommend to the Village Board to grant the amended request made by M & I Imports dba Lux Cars Chicago, 88 E. Dundee Road, for variance of Sign Code, Section 14.20.030, pertaining to Business Districts; Section 14.20.070, pertaining to Ground Signs; and Section 14.20.080, pertaining to Wall Signs, for the purpose of replacing the existing wall sign on the east elevation of the building with a new wall sign that exceeds the permitted size and does not face the public right of way; and to reface the existing ground sign that is located within two hundred fifty (250) feet of an existing ground sign located on the same side of the street. ZONING BOARD OF APPEALS MARCH 20, 2012 PAGE 5 of 8 `J Subject to the Village Engineer's memorandum dated March 9, 2012. Subject to the Appearance Review Team (ART) minutes dated March 7, 2012. The signs are to be installed pursuant to Exhibit "E" with the exception that the wall sign will be limited to eighteen (18) inches in height and thirteen (13) feet in length. The hours of illumination shall be from 10:00 a.m. to two (2) hours after the close of business or 9:00 p.m., whichever is earlier. M & I Imports to provide a copy of the signed lease and landlord approval of the proposed signs. Pursuant to Sign Code, Section 14.44.010, Subsection A for the wall sign and Section 14.44.010, Subsection B for the ground sign. Com. Windecker seconded the motion. Roll Call Vote: AYE—Cesario, Windecker, Shapiro, Au, Entman NAY—None ABSTAIN —None Motion Passed 5 to 0. Item to appear on the April 16, 2012 Village Board agenda. 322 HALF DAY ROAD, WEIGHT WATCHERS - DEVIATION TO THE WOODLAND COMMONS SHOPPING CENTER SIGN CRITERIA TO ALLOW THE COLORS BLUE, GREEN AND YELLOW;AND TO ALLOW THE USE OF THE LOGO Mr. Joe Funderburk, Anchor Sign, P.O. Box 22737, Charleston, SC 29413, was present and sworn in. Mr. Funderburk explained that Weight Watchers is in the process of rebranding their image, which includes moving their locations to more heavily trafficked areas for visibility purposes. They are also looking to update and include their logo in their new signage. To address the question at the March 7, 2012 Appearance Review Team (ART) meeting concerning relocating the wall sign at their existing location in Town Center,the existing sign is in very poor shape and letters are cracked. This sign was constructed in neon and the letters are faded in color. He recommends removing this sign immediately. Photographs of the existing Town Center wall sign were distributed to the Zoning Board of Appeals (ZBA). He continued to explain that the new location at 322 Half Day Road would be the twentieth (20th) location in the Chicago land area to be updated with the new branding signage. Nationwide there are approximately four hundred (400) locations. He also discussed the difference between neon illumination and LED illumination. LED is more energy efficient and lasts longer than neon. Ch. Entman read the Letter of Authorization submitted by Weight Watchers, dated February 22, 2012 and the ART minutes dated March 7, 2012. ZONING BOARD OF APPEALS MARCH 20, 2012 PAGE 6 of 8 `./ Corn. Windecker asked Mr. Funderburk if the logo is separate from the lettering. Mr. Funderburk stated that logo is separate. Corn. Windecker advised that he does not have any objection to the logo or the lettering so long as the motion is made to clarify that only the logo is allowed to be yellow, green and blue and the lettering to be only blue. Corn. Shapiro asked Mr. Funderburk if Weight Watchers will be requesting a second wall sign for the additional elevation. Mr. Funderburk stated that to his knowledge Weight Watchers will not be requesting any additional wall signage. Ch. Entman asked Mr. Funderburk about the discussion at the ART meeting concerning the removal of the wall sign at the existing Town Center location. Mr. Funderburk advised that signs are typically removed within seven (7) days after a tenant space has been vacated. Ch. Entman asked Mr. Funderburk if it would be an issue to condition the Deviation on the removal of the wall sign at the existing Town Center located taking place within one (1) week of vacating that space. Mr. Funderburk stated that would not be an issue. There were no additional questions or comments from the Commissioners. There were no questions or comments from the audience. Corn. Windecker made a motion to grant the request made by Weight Watchers, 322 `./ Half Day Road, for Deviation to the Woodland Commons Shopping Center Sign Criteria, to allow the logo with three colors: yellow, green and blue; and to allow the wall sign lettering to be blue pursuant to Exhibit "E" dated September 23, 2011. Subject to the Appearance Review Team (ART) minutes dated March 7, 2012. The existing wall sign located at the Town Center to be removed within one (1) week of vacating the Town Center space. Corn. Shapiro seconded the motion. Roll Call Vote: AYE—Cesario, Windecker, Shapiro, Au, Entman NAY—None ABSTAIN —None Motion Passed 5 to 0. ANNOUCEMENTS Mr. Sheehan advised that the proposed Sign Code revisions were presented to the Village Board on March 19, 2012.The Village Board was spilt on the recommendation by the ZBA concerning Sign Code variations being heard by the Plan Commission, as well as ZONING BOARD OF APPEALS MARCH 20, 2012 PAGE 7 of 8 the timing of screen changes for changeable copy signs. The proposed revisions will be back before the Village Board most likely at the second Board meeting in April. ADJOURNMENT Motion to adjourn the meeting was made by Corn. Windecker and seconded by Com. Cesario. Voice Vote — AYE was unanimous. Ch. Entman adjourned the meeting at 8:13 P.M. Submitted by, Julie Kamka Recording Secretary ZONING BOARD OF APPEALS MARCH 20, 2012 PAGE 8 of 8