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2012-04-17 - Zoning Board of Appeals - Minutes ApDD [iwid-r A5 1„ t'ni j Sias/0 REGULAR MEETING BUFFALO GROVE ZONING BOARD OF APPEALS APRIL 17, 2012 Chairman Entman called the Zoning Board of Appeals regular meeting to order at 7:30 P.M. on Tuesday, April 17, 2012 in the Council Chambers of the Village Hall, 50 Raupp Boulevard. ROLL CALL Commissioners Present: Commissioner Cesario Commissioner Steingold Commissioner Windecker Commissioner Lesser Commissioner Shapiro Chairman Entman Commissioners Absent: Commissioner Au Also Present: William Raysa, Village Attorney Brian Sheehan, Deputy Building Commissioner APPROVAL OF MINUTES March 20, 2012 minutes: Com. Windecker made a motion to approve the minutes of the Zoning Board of Appeals regular meeting held on Tuesday, March 20, 2012. Com. Lesser seconded the motion. Roll Call Vote: AYE—Cesario, Windecker, Shapiro, Entman NAY—None ABSTAIN—Steingold, Lesser Motion Passed 4 to 0, 2 Abstentions. Minutes approved as submitted. BUSINESS BUFFALO GROVE BUSINESS PARK, HAMILTON PARTNERS— REVIEW OF STATUS OF THE TWO EXISTING FOR RENT, SALE, LEASE SIGNS LOCATED AT 1110 LAKE COOK ROAD AND 135 ARLINGTON HEIGHTS ROAD Ms. Martha Curnow, Hamilton Partners, 1130 Lake Cook Road, Suite 190, Buffalo Grove, Illinois 60089,was present and sworn in. ZONING BOARD OF APPEALS APRIL 17, 2012 PAGE 1 of 8 `./ Ms. Curnow explained that they have one sign located at 1110 Lake Cook Road and one sign located at 135 Arlington Heights Road. The sign are used for visibility and they would like to keep them up. Ch. Entman explained that current vacancy information has been provided by Hamilton Partners. Ch. Entman also advised that he is a tenant in the business park but that will not affect his decision. Ch. Entman does not have any issues allowing the sign to remain but would like to review the status again in six (6) months. 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 a six (6) month extension for Buffalo Grove Business Park, Hamilton Partners, for the "For Rent, Sale or Lease" signs located at 1110 Lake Cook Road and 135 Arlington Heights Road. The Petitioner is to appear at the October 16, 2012 Zoning Board of Appeals meeting for a status review of the signs. Corn. Lesser seconded the motion. • Roll Call Vote: `./ AYE—Cesario, Steingold, Windecker, Lesser,Shapiro, Entman NAY—None ABSTAIN—None Motion Passed 6 to 0. Item is to appear on the October 16, 2012 Zoning Board of Appeals agenda. ROGERS CENTRE FOR COMMERCE, ARTHUR J. ROGERS & COMPANY — REVIEW OF STATUS OF THE EXISTING FOR RENT, SALE, LEASE SIGN LOCATED AT THE SOUTHWEST CORNER OF APTAKISIC ROAD AND BARCLAY BOULEVARD Mr. Norman Ross, Arthur J. Rogers & Company, 1601 Barclay Boulevard, Buffalo Grove, Illinois 60089, was present and sworn in. Mr. Ross explained that the thirty (30) acre property known as Rogers Centre for Commerce contains eight (8) buildings consisting of one hundred eight (108) units, which is approximately four hundred eight thousand (408,000) square feet. Their current vacancy is one hundred twenty seven thousand six eighty nine (127,689) square feet, which constitutes thirty one (31) percent of the property. They are requesting to extend the leasing sign for a period of two (2) years. He advised that activity has increased a bit and he hopes that trend continues. ZONING BOARD OF APPEALS APRIL 17, 2012 PAGE 2 of 8 Corn. Cesario advised Mr. Ross that the Zoning Board of Appeals (ZBA) prefers to review `./ the status of leasing signs every six (6) months. Ch. Entman agreed that he would prefer to review the sign in six (6) months. 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 a six (6) month extension for Rogers Centre for Commerce, Arthur J. Rogers& Company,for the "For Rent, Sale or Lease" sign located at the southwest corner of Barclay Boulevard and Aptakisic Road. The Petitioner is to appear at the April 17, 2012 Zoning Board of Appeals meeting for a status review of the sign. Com. Cesario seconded the motion. Roll Call Vote: AYE—Cesario, Steingold, Windecker, Lesser,Shapiro, Entman NAY—None ABSTAIN—None Motion Passed 6 to 0. Item is to appear on the October 16, 2012 Zoning Board of Appeals agenda. 1300-1398 BUSCH PARKWAY, VAN VLISSINGEN— REVIEW OF STATUS OF THE EXISTING FOR RENT,SALE, LEASE SIGN Ms. Vicki Burchard, Van Vlissingen, One Overlook Point, Lincolnshire, Illinois 60069, was present and sworn in. Ms. Burchard explained that currently there are five (5) units vacant in the building, which represents fifteen thousand thirty two (15,032) square feet or twenty eight (28) percent of the building. She requested to allow the sign to remain to continue to market the property. Ch. Entman recommended reviewing the status in six (6) months. There were no questions or comments from the Commissioners. There were no questions or comments from the audience. Corn. Lesser made a motion to grant a six (6) month extension for Van Vlissingen, for the "For Rent, Sale or Lease" signs located at 1300-1398 Busch Parkway. The Petitioner is to appear at the October 16, 2012 Zoning Board of Appeals meeting for a status review of the signs. Com. Shapiro seconded the motion. Roll Call Vote: ZONING BOARD OF APPEALS APRIL 17, 2012 PAGE 3 of 8 AYE—Cesario, Steingold, Windecker, Lesser, Shapiro, Entman rnd NAY—None ABSTAIN—None Motion Passed 6 to 0. Item is to appear on the October 16, 2012 Zoning Board of Appeals agenda. 1405-1495 BUSCH PARKWAY, VAN VLISSINGEN— REVIEW OF STATUS OF THE EXISTING FOR RENT,SALE, LEASE SIGN Ms. Vicki Burchard, Van Vlissingen, One Overlook Point, Lincolnshire, Illinois 60069, was present and sworn in. Ms. Burchard explained that currently there are two (2) units vacant in the building, which represents twenty thousand (20,000) square feet or twenty (20) percent of the building. She requested to allow the sign to remain to continue to market the property. Ch. Entman recommended reviewing the status in six (6) months. There were no questions or comments from the Commissioners. There were no questions or comments from the audience. Com. Lesser made a motion to grant a six (6) month extension for Van Vlissingen, for the `./ "For Rent, Sale or Lease" signs located at 1405-1495 Busch Parkway. The Petitioner is to appear at the October 16, 2012 Zoning Board of Appeals meeting for a status review of the signs. Corn. Shapiro seconded the motion. Roll Call Vote: AYE—Cesario, Steingold, Windecker, Lesser,Shapiro, Entman NAY—None ABSTAIN —None Motion Passed 6 to 0. Item is to appear on the October 16, 2012 Zoning Board of Appeals agenda. 1160 WINDBROOKE DRIVE, THE APARTMENTS AT WINDBROOKE CROSSING- SIGN CODE, SECTION 14.20.010 AND SECTION 14.20.070, FOR THE PURPOSE OF ALLOWING TWO (2) GROUND SIGNS ON THE PROPERTY; FOR THE PURPOSE OF ALLOWING THE TWO (2) GROUND SIGNS TO EXCEED FIVE (5) FEET IN HEIGHT; FOR THE PURPOSE OF ALLOWING THE TWO (2) GROUND SIGNS EACH EXCEEDING THIRTY TWO (32) SQUARE FEET IN AREA; FOR THE PURPOSE OF ALLOWING THE TWO (2) GROUND SIGNS TO BE LOCATED IN THE REQUIRED BUILDING SETBACK AREA; AND TO ALLOW THE GROUND SIGN ON THE NORTHWEST CORNER TO BE LOCATED CLOSER TO THE PROPERTY LINE THAN PERMITTED ZONING BOARD OF APPEALS APRIL 17, 2012 PAGE 4 of 8 Ch. Entman read the email sent by Mike Perrotta to Julie Kamka dated April 5, 2012 which states: "At this time I would much appreciate a postponement of our April ZBA meeting. At this time between the color sign drawings and the city engineers water main concerns (Exact location of the water main) I feel best with the request for an May review. Please put us on the May 15, 2012 ZBA agenda." There were no questions or comments from the Commissioners. There were no questions or comments from the audience. Corn. Lesser made a motion to Table the request made by The Apartments at Windbrooke Crossing, 1160 Windbrooke Drive, for variance of Sign Code, Section 14.20.010, pertaining to Residential Districts; and Section 14.20.070, pertaining to Ground Signs, for the purpose of allowing two (2) ground signs on the property; for the purpose of allowing the two (2) ground signs to exceed five (5) feet in height; for the purpose of allowing the two (2) ground signs each exceeding thirty two (32) square feet in area; for the purpose of allowing the two (2) ground signs to be located in the required building setback area; and to allow the ground sign on the northwest corner to be located closer to the property line than permitted. Com. Windecker seconded the motion. Roll Call Vote: AYE—Cesario, Steingold, Windecker, Lesser, Shapiro, Entman NAY—None ABSTAIN —None Motion Passed 6 to 0. Item Tabled to the May 15, 2012 Zoning Board of Appeals regular meeting. 132 MCHENRY ROAD,TOBACCO ROAD - DEVIATION TO THE TOWN CENTER SHOPPING CENTER SIGN CRITERIA, TO ALLOW THE SIGN HEIGHT TO EXCEED THIRTY (30) INCHES; TO ALLOW THE TRIM RETURNS TO BE THE COLOR BLACK; AND TO ALLOW THE SIGN NOT TO BE CENTERED OVER THE LEASE SPACE Mr. Robert Stirling, Tobacco Road, 132 McHenry Road, was present and sworn in. Mr. Stirling explained that originally he proposed thirty six (36) inch high letters. The landlord at Town Center, Tim Donohue, approved that letter height. When his sign contractor applied for the permit he was advised that the sign letter were restricted to a thirty (30) inch letter height pursuant to the Town Center Shopping Center Sign Criteria. They wanted to apply for the Deviation to the Sign Criteria at the March 20, 2012 ZBA meeting but were waiting on Mr. Donohue to provide a letter approving the proposing letter height. Mr. Donahue dragged his feet and did not provide the approval in a timely manner. Mr. Donahue then contacted the sign contractor directly and told the sign ZONING BOARD OF APPEALS APRIL 17, 2012 PAGE 5 of 8 contractor to go ahead and build the sign at thirty two and three quarter (32.75) high. He was advised that he still needs a Deviation for the height. Ch. Entman asked Mr. Stirling if there is any Deviation to the color of the sign. Mr. Stirling replied no, only to the height. Other tenants in the Center also have sign letters that are higher than thirty (30) inches, such as Puppy Palace and My Gym. There appear to be other signs as well, but Mr. Stirling could not measure them. Com. Cesario asked about the color of the trim returns. Mr. Sheehan stated that the sign face color is red, which is acceptable. However, the trim returns require a Deviation to be black. He also advised that the sign will not be centered over the lease space, which also requires a Deviation. Mr. Stirling advised that he was told that the sign looked better when centered on the façade and not over the lease space. Ch. Entman confirmed that the three (3) Deviations being requested were for the letter height, the trim return color and the location of the sign on the facade. Corn. Windecker asked Mr. Stirling if he had completed a purchase order for the sign. Mr. Stirling stated that he has not paid for the sign in full. He has used the same sign contractor for signs at other locations. Corn. Windecker stated that he is upset with the Town Center management. Town Center has many additional violations at the current time. Mr. Stirling advised that he is very upset as well that he has been placed in a bad .J position. Corn. Windecker added that he is very disturbed that Town Center management has done this. Corn. Lesser asked if Mr. Stirling has received that required landlord written approval for the sign. Mr. Sheehan advised that the landlord's signature is located on Exhibit "E". Ch. Entman read the Appearance Review Team (ART) minutes dated April 6, 2012 into the record. Ch. Entman understands that Mr. Stirling may be a bystander in this situation, but time and again the ZBA sees things like this done and then the ZBA is placed in a precarious situation to approve after the fact. Mr. Stirling agrees with the comments of the Commissioners and hopes that he will not be penalized for the landlord's mistake. He has spoken with Mr. Donahue's superiors concerning the events that have taken place. There were no additional questions or comments from the Commissioners. There were no questions or comments from the audience. `./ ZONING BOARD OF APPEALS APRIL 17, 2012 PAGE 6 of 8 Com. Cesario made a motion to grant the request made by Tobacco Road, 132 McHenry Road, for Deviation to the Town Center Shopping Center Sign Criteria, to allow the sign height to be 32.75 inches; to allow the trim returns to be the color black; and to allow the sign not to be centered over the lease, pursuant to Exhibit "E". Subject to the ART minutes dated April 6, 2012. Com. Lesser seconded the motion. Roll Call Vote: AYE—Cesario, Steingold, Lesser, Shapiro, Entman NAY—Windecker ABSTAIN —None Motion Passed 5 to 1. ANNOUCEMENTS Mr. Sheehan advised that Twin Rinks may be returning to the ZBA on May 15, 2012 agenda. The sign contractor was fired and a new sign contractor has been hired, C. Johnson Sign Company. The new contractor cannot build the sign to the same specifications that was previously approved by Ordinance. Mr. Sheehan advised that the Commissioner reappointments were made at the April 16, 2012 Village Board meeting. Mr. Sheehan also advised that the revisions to the Sign Code were postponed at the April 16, 2012 Village Board meeting. Ch. Entman requested that staff contact the Town Center landlord, Mr. Tim Donahue, and request that he appear at the May 15, 2012 Zoning Board of Appeals meeting to answer questions concerning the circumstances of the Tobacco Road wall sign. Mr. Sheehan advised that he will contact Mr. Donahue and request that he appear at the May 15, 2012 ZBA meeting, this would be a voluntary appearance as the Village cannot compel him to attend. If he does not appear,the ZBA can address issues when the Town Center Sign Criteria is before the ZBA for revisions. After the passage of the revisions to the Sign Code, the Village hopes to bring reviewing the existing sign criteria's and update as necessary. 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 8:03 P.M. ZONING BOARD OF APPEALS APRIL 17, 2012 PAGE 7 of 8 Submitted by, J ie Kamka ecording Secretary Li Li ZONING BOARD OF APPEALS APRIL 17, 2012 PAGE 8 of 8