Loading...
2007-03-20 - Zoning Board of Appeals - Minutes ATED REGULAR MEETING A5 Su cv i TrE b BUFFALO GROVE ZONING BOARD OF APPEALS y) 1-7 /6-7 MARCH 20, 2007 Acting Chairman Sandler called the Zoning Board of Appeals regular meeting to order at 7:33 P.M. on Tuesday, March 20, 2007 in the Council Chambers of the Village Hall, 50 Raupp Boulevard. ROLL CALL Commissioners Present: Commissioner Stein Commissioner Dunn Commissioner Windecker Vice Chairman Sandler Commissioner Lesser Commissioner Shapiro Commissioners Absent: Chairman Entman Also Present: Edward Schar, Building Commissioner William Raysa, Village Attorney DeAnn Glover, Village Trustee Steve Trilling, Village Trustee APPROVAL OF MINUTES November 21, 2006 minutes and December 19, 2006 minutes: Corn. Windecker made a motion to Table the minutes of the Zoning Board of Appeals regular meetings held on Tuesday, November 21, 2006 and Tuesday, December 19, 2006. Com. Lesser seconded the motion. Voice Vote — AYE was unanimous. January 16, 2007 minutes: Corn. Lesser made a motion to approve the minutes as submitted of the Zoning Board of Appeals regular meeting held on Tuesday, January 16, 2007. Corn. Windecker seconded the motion. Roll Call Vote: AYE — Dunn, Windecker, Sandler, Lesser, Shapiro NAY — None ABSTAIN - Stein BUSINESS 381 SPRINGSIDE LANE, RICHARD AND JEANNE NIESEN — ZONING ORDINANCE, SECTION 17.40.020, TO CONSTRUCT A 3-SEASON ROOM THAT WOULD ZONING BOARD OF APPEALS PAGE 1 of 11 — MARCH 20, 2007 ENCROACH A DISTANCE OF 2'9" INTO THE REQUIRED 30' REAR YARD SETBACK Mr. Richard Niesen, 381 Springside Lane, was present and sworn in. The public hearing notice published in the Daily Herald on February 23, 2007 was read. Mr. Niesen explained that he came before the Zoning Board in November 2006 and was granted a variation. Once they began the project they found that the electrical and telephones cables would have to be moved eighteen feet (18') at a cost of$1,800.00. They have decided to pursue relocating the three-season room rather than the cables. The three-season room would be slightly smaller than the original and the materials would match the existing construction. The three- season room would only have electrical,no plumbing or heating. Acting Ch. Sandler read the Village Engineer's memorandum addressed to Edward Schar dated March 5, 2007 which states: "I have no comments on the proposal." There were no questions or comments from the Commissioners. There were no questions or comments from the audience. Com. Dunn made the following motion: I move we grant the request made by Richard and Jeanne Niesen, 381 Springside Lane, for variance of Zoning Ordinance, Section 17.40.020, pertaining to Area, Height, Bulk and Placement Regulations, for the purpose of constructing a three-season room that would encroach a distance of two feet nine inches (2'9"), which includes the roof overhang, into the required thirty foot(30')rear yard setback. Subject to the Village Engineer's memorandum dated March 5, 2007. Pursuant to plans and specifications submitted to and approved by the Village. Materials to match the existing construction in like kind and quality. Petitioner has demonstrated hardship and unique circumstances. The proposed three-season room 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—Stein, Dunn, Windecker, Lesser, Shapiro, Sandler NAY—None ABSTAIN—None Motion Passed 6 to 0. Findings of Fact attached. Permit may be issued in fifteen (15) days — April 5,2007. 401 W. DUNDEE ROAD,KINGSWOOD UNITED METHODIST CHURCH—SIGN CODE, SECTION 14.20.010 AND SECTION—TO MODIFY THE EXISTING GROUND SIGN BY INCORPORATING AN 8' X 1'4"ELECTRONIC READER BOARD WITHIN THE EXISTING SIGN,INCREASING THE OVERALL HEIGHT OF THE SIGN FROM 72"TO 97". SAID SIGN WOULD EXCEED THE PERMITTED SIZE AND HEIGHT; ZONING BOARD OF APPEALS PAGE 2 of 11 —MARCH 20,2007 WOULD PROJECT INTO THE REQUIRED BUILDING SETBACK AREA; WOULD BE LOCATED A DISTANCE OF 18'4"FROM THE PROPERTY LINE AND 36'4" FROM THE SIDEWALK Mr. Rod Harris, Board of Trustee Member,Kingswood United Methodist Church,401 W. Dundee Road,was present and sworn in. The public hearing notice published in the Daily Herald on February 23, 2007 was read. Mr. Harris explained that the church is requesting an electronic reader board sign in order to display messages regarding the activities at the church. Exhibit"B" submitted with the application is the sign that they are requesting. The face of the existing sign will be raised by approximately sixteen inches(16")to accommodate the reader board. Com. Windecker asked about the hours of operation for the sign. Mr. Harris believes it could be between 9:00 A.M. and 7:30 P.M.,but whatever restrictions the Village puts on the sign they will comply. Com. Dunn clarified that the existing sign would be raised by one foot six inches (1'6"). Com. Windecker asked if the landscaping around the current sign would be lowered in order to see the proposed sign. Mr. Harris advised that they would change the landscaping to flowers. Ms. Pam Dish, Chairman,Membership Board,Kingswood United Methodist Church, 401 W. Dundee Road,was present and sworn in. Ms. Dish advised that the current base of the sign is concrete. The base would be covered to match the color of the sign and would be raised to accommodate the requested sign. Mr. Raysa clarified the dimensions for the proposed sign. The sign would be a scrolling reader board with two (2) lines of text. Com. Shapiro asked if the sign is internally illuminated. Ms. Dish advised that the current sign is internally illuminated. She is not sure about the current hours of operation of the sign. There were no further questions or comments from the Commissioners. There were no questions or comments from the audience. Com. Windecker made the following motion: I move we recommend to the Village Board to grant the request made by Kingswood United Methodist Church,401 W. Dundee Road, for variance of Sign Code, Section 14.20.010, pertaining to Residential Districts; and Section 14.40.025,pertaining to Changeable Copy Signs, for the purpose of modifying the existing ground sign by incorporating an eight foot(8')by one foot four inch(1'4") electronic reader board within the existing sign, increasing the overall height from seventy-two inches (72")to ninety-seven inches(97"). Said sign would exceed the permitted size and height; would project into the required building setback area;would be located a distance of eighteen feet four inches (18'4") from the property line and thirty-six feet ZONING BOARD OF APPEALS PAGE 3 of 11 —MARCH 20,2007 four inches (36'4") from the sidewalk. Said sign to be Sign B on Zoning Board of Appeals ../ Exhibit"E". The hours of operation are limited to 9:00 A.M. until 9:00 P.M. Pursuant to Sign Code, Section 14.44.010, Sub-section B. Corn. Lesser seconded the motion. Roll Call Vote: AYE—Stein,Dunn, Windecker, Lesser, Shapiro, Sandler NAY—None ABSTAIN—None Motion Passed 6 to 0. Findings of Fact attached. Item to appear on the April 9,2007 Village Board agenda. 88 E. DUNDEE ROAD, PRESTIGE LEASING—SIGN CODE, SECTIONS 14.20.030 AND 14.20.080, TO INSTALL A WALL SIGN ON THE EAST ELEVATION OF THE BUILDING THAT EXCEEDS THE PERMITTED SIZE AND WOULD NOT FACE THE PUBLIC RIGHT-OF-WAY Mr. Eric Dohman, Nu-Way Signs, 2320 Foster Avenue, Wheeling, Illinois 60090, was present and sworn in. The public hearing notice published in the Daily Herald on March 1, 2007 was read. Mr. Dohman explained that they are proposing a wall sign that would be twenty inch (20") channel letters seventeen feet(17') in length on a three foot (3')by thirty-three foot (33')portion of the wall facing the east parking lot. The sign would be illuminated with the hours of operation of the sign to be approximately 7:00 P.M. until 10:00 P.M. The business hours are until 8:00P.M. Only the letters would be illuminated. Com. Lesser asked about the direction the ground sign would face. Mr. Dohman replied that the ground sign would also face east. Corn. Lesser believes that the wall sign would be redundant, that the size is too large, and that the hours should be limited to the hours of operation. Corn. Dunn also believes that the wall sign would be redundant. Corn. Sandler would be in favor of the request if the size of the proposed wall sign was reduced. Mr. Dohman offered to reduce the height of the letters to eighteen inches (18") and reducing the span to thirteen or fourteen feet(13'-14') in width. Corn. Windecker confirmed the colors of the proposed letters. Corn. Sandler confirmed the depth of the letters at four inches (4"). Mr. Frank Sears, 50 Lake Boulevard, Buffalo Grove, Illinois 60089, was present and sworn in. He is speaking on behalf of the Cambridge on the Lake Homeowners Association. He noted that the previous request for a roof sign was denied. He stated that they were told they would not be ZONING BOARD OF APPEALS PAGE 4 of 11 —MARCH 20,2007 able to see the sign. A photograph was submitted and marked as Exhibit I showing the view from Mr. Sears' unit. They are objecting to the size of the proposed wall sign. The sign should only be eleven feet (11') long and eleven to twelve inches (11"-12") tall. There are eighty (80) residents in his building and sixty-four (64) residents on the next building that would have to look at it. There is no hardship. Corn. Shapiro asked about the signs from CVS/pharmacy and Harris Bank and if they are viewable from the building. Mr. Sears advised that those signs are viewable from the building. The Harris Bank sign was there when they moved in. Corn. Sandler asked about the Cambridge Commons Shopping Center signs. Mr. Sears advised that three (3) buildings can see the shopping center. Again, the shopping center was there when they moved in. Corn. Sandler asked about the shopping center across Dundee Road, where Venture Hobbies is located. Mr. Sears replied that the shopping center is not as close and the signs are not over-sized,that building was existing when they purchased their units. Com. Stein inquired about lighting in the parking lot at Prestige Leasing. Mr. Leon Bilis, Prestige Leasing, 88 E. Dundee Road, was present and sworn in. Mr. Bilis stated that they are required to have security lighting in the parking lot. Mr. Raysa added that the requirements are set forth in the Ordinance. Trustee Trilling added that the parking lot lighting would be fifteen feet (15') tall and would turn off two (2) hours after closing. Mr. Bilis added that they will have security lights inside the building along with landscaping lights. �.J Corn. Sandler recommended that the size be reduced to eighteen inch (18") letters and thirteen feet(13') in length. Ms. Barbara Dicker, 50 Lake Boulevard, Buffalo Grove, Illinois 60089, was present and sworn in. Ms. Dicker stated that the architect for the project told them that fascia over the atrium is unsafe. That is where the sign is proposed. Mr. Sears added that the fascia board is shown at thirty-six inches(36")tall,but is currently only eighteen to twenty-four inches (18"-24")tall. Mr. Dohman replied that the fascia is currently thirty-six inches (36")in height. Mr. Raysa asked for clarification on the status of the appeal of the roof sign denial. Mr. Bilis withdrew his appeal. Trustee Trilling instructed the Zoning Board to consider the width of the lettering to make it consistent with the building. Ms. Dicker asked about the comment from the architect concerning the structural integrity of the fascia. Trustee Trilling advised that would be addressed at the Village Board level. There were no additional questions or comments from the Commissioners. There were no additional questions or comments from the audience. ZONING BOARD OF APPEALS PAGE 5 of 11 —MARCH 20,2007 Mr. Bilis amended his request to reduce the size of the proposed wall sign to eighteen inch(18") letters and thirteen feet(13')in width. Corn. Lesser made the following motion: I move we recommend to the Village Board to grant the amended request made by Prestige Leasing, 88 E. Dundee Road, for variance of Sign Code, Section 14.20.030,pertaining to Business Districts; and Section 14.20.080,pertaining to Wall Signs, for the purpose of installing a wall sign on the east elevation of the building that exceeds the permitted size and would not face the public right-of-way. The sign is not to exceed eighteen inches (18") in height and thirteen feet(13')in length. The illumination of the sign is limited to two (2)hours past the actual hours of operation. Pursuant to Sign Code, Section 14.44.010, Sub-section B. Corn. Dunn seconded the motion. Roll Call Vote: AYE—Stein, Windecker, Lesser, Shapiro, Sandler NAY—Dunn ABSTAIN—None Motion Passed 5 to 1. Findings of Fact attached. Item to appear and the April 9,2007 Village Board agenda. ROGERS CENTRE FOR COMMERCE, ARTHUR J. ROGERS & COMPANY — REVIEW OF A COPY CHANGE TO THE EXISTING LEASING SIGN LOCATED AT THE SOUTHWEST CORNER OF BARCLAY BOULEVARD AND APTAKISIC ROAD Mr. William Schmitz, Arthur J. Rogers and Company, 1601 Barclay Boulevard, Buffalo Grove, Illinois 60089,was present and sworn in. Mr. Schmitz explained that they appeared at the January 2007 Zoning Board of Appeals meeting for review of this sign. During the meeting a suggestion was made to possibly change the sign to draw attention to it. People get used to seeing a sign and do not pay attention to them. Since they have added the copy to the sign, the incoming calls have increased by approximately twenty-five percent (25%) and they have signed two (2) leases for 10,000 square feet. The copy change consists of a banner on each side with red letters on a fluorescent green background. One side reads"Models Available"and the other side reads"Immediate Occupancy". Corn. Windecker asked for clarification of the term "models available". He also suggested that the background color of the banner be toned down. Corn. Lesser has no issues with the new copy. There were no additional questions or comments from the Commissioner. There were no questions or comments from the audience. ZONING BOARD OF APPEALS PAGE 6 of 11 —MARCH 20, 2007 Corn. Stein made the following motion: I move we approve the request made by Arthur J. Rogers & Company, 1601 Barclay Boulevard, for a copy change on the existing leasing sign located at the southwest corner of Barclay Boulevard and Aptakisic Road. The sign shall be reviewed at the July 2007 Zoning Board of Appeals meeting. Com. Lesser seconded the motion. Roll Call Vote: AYE—Stein,Dunn, Windecker, Lesser, Shapiro, Sandler NAY—None ABSTAIN—None Motion Passed 6 to 0. Item to appear on the July 2007 Zoning Board of Appeals agenda. 2760 ACACIA COURT SOUTH, BARON HARMON — FENCE CODE, SECTION 15.20.040, TO CONSTRUCT AN 8' BRICK OR STONE FENCE ALONG THE REAR PROPERTY LINE AND ALONG THE WEST PROPERTY LINE Mr. Baron Harmon, 2760 Acacia Court South, and Mr. Lawrence Freedman, Attorney, 77 W. Washington Street, Suite 1211, Chicago, Illinois 60602, were present and sworn in. The public hearing notice published in the Daily Herald on March 1, 2007 was read. Correspondence from Bruce Entman, Attorney, dated March 15, 2007 was read into the record which states in part: "It is Mr. Harmon's desire to amend his Application for Variance, in regard to the fence, so as to withdraw his request for the 8' fence along the west property line. He does wish to proceed with the request for variation for the fence along the rear property line, which borders Half Day Road(Route 22)." Mr. Freedman questioned Mr. Harmon regarding his reasons for requesting the variation. Mr. Harmon explained that his house is adjacent to Illinois Route 22. Now that Route 22 has been widened to a four (4) lane highway he is not getting any shelter from the headlights of vehicles traveling along Route 22 and dust from the road construction. He believes that a minimum of eight feet(8')is necessary. Photographs were submitted and marked as Group Exhibit "I". Mr. Harmon described the photographs and also added that he has dog. He is proposing a brick or stone fence but will consider a composite material. They are requesting the eight foot (8') fence along the rear property only. Acting Ch. Sandler stated that he does not have an issue with an eight foot (8') fence along Route 22. He inquired about the composite material. Mr. Harmon explained that the composite material looks like wood. The color of the proposed fence would be brown, decorative stone, or the composite material that looks like wood. Corn. Windecker asked the Petitioner to consider a wood alternative. Li ZONING BOARD OF APPEALS PAGE 7 of 11 —MARCH 20, 2007 Acting Ch. Sandler asked for a complete picture of the proposed stone including the cap on top of the stone. He is not sure if he wants to consider composite. Corn. Shapiro stated that an eight foot (8') brick or stone fence would be out of place and look like a brick wall. Wood is a common material for fences. He would not support brick or stone. Corn. Stein asked how close the fence would be to Route 22 and sighted safety concerns. Ms. Corrine Greenfield, 5508 RFD, Long Grove, Illinois 60047, was present and sworn in. Ms. Greenfield stated that she lives just to the south of the Petitioner and has lived there for twenty (20) years. She stated that there is a lot of noise that comes from the Petitioner's property including speakers that are directed to the south. She commented that if the Petitioner wants to keep his dog in he should fence in the entire yard. If the request is granted, it would look like a fortress around his house. She asked that the request be denied. Mr. Larry Schneider, 2740 Acacia Court South, Buffalo Grove, Illinois 60089, was present and sworn in. Mr. Schneider stated that originally he was concerned with the request but since the fence along the west property line has been withdrawn he is no longer concerned. He has noticed that a lot of trees have been removed and now you can see into his home. Mr. Andrew Schneewis, 2750 Acacia Court South, Buffalo Grove, Illinois 60089, was present and sworn in. Mr. Schneewis stated that he was concerned initially. Since the construction on Route 22 you can see more traffic. Aesthetics are important and he would want to be consistent. �.J Ms. Greenfield added that she lost about half of her front yard to the road construction. The Petitioner still has trees in his yard and it is not open to the road. She has viewed the hay bales and does not want a brick wall. Mr. Raysa stated for the record that Bruce Entman represents Mr. Harmon and is not present at the meeting. The Commissioners agreed that they would like to see samples of the composite material, brick or stone that would be used. Mr. Harmon requested to Table his request until the next regular meeting in order to provide samples of the composite,brick or stone materials. Corn. Lesser made the following motion: I move we Table the amended request made by Baron D. Harmon, 2760 Acacia Court South, for variance of Fence Code, Section 15.20.040,pertaining to Residential Districts, for the purpose of constructing an eight foot(8')high brick or stone fence to be located along the rear property line. Com. Stein seconded the motion. Roll Call Vote: AYE—Stein,Dunn, Windecker, Lesser, Shapiro, Sandler ZONING BOARD OF APPEALS PAGE 8 of 11 —MARCH 20,2007 NAY—None ABSTAIN—None Motion Passed 6 to 0. Item to appear on the agenda for the next regular meeting of the Zoning Board of Appeals. 2770 ACACIA COURT SOUTH, BARON HARMON — FENCE CODE, SECTION 15.20.040, TO CONSTRUCT AN 8' BRICK OR STONE FENCE ALONG THE REAR PROPERTY LINE AND ALONG THE NORTH PROPERTY LINE Correspondence from Bruce Entman, Attorney, dated March 15, 2007 was read into the record which states in part: "Mr. Harmon hereby requests that the Application for Variance, in regard to the construction of an 8' fence along the rear property line and north property line of this property,be withdrawn." 2770 ACACIA COURT SOUTH, BARON HARMON — ZONING ORDINANCE, SECTION 17.32.030, TO ALLOW THE EXISTING ACCESSORY GARAGE/STORAGE STRUCTURE TO REMAIN THAT EXCEEDS THE PERMITTED HEIGHT OF 15' BY APPROXIMATELY 8'4" Mr. Baron Harmon, 2760 Acacia Court South, and Mr. Lawrence Freedman, Attorney, 77 W. Washington Street, Suite 1211, Chicago, Illinois 60602, were present and sworn in. The public hearing notice published in the Daily Herald on March 1, 2007 was read. Mr. Freedman questioned Mr. Harmon regarding his reasons for requesting the variation. Mr. `-/ Harmon explained that the structure was built with the required permit. He hired a contractor for the project. This contractor suffered a heart attack and subsequently gave the job to another contractor. He takes fully responsibility for the work being completed without a permit. It was his understanding that the contractor was to obtain the required permit. The structure is to be used to store the cars of his five (5) children, all of which are of driving age. The number of cars is an overburden to the driveway. They need more space. Also, his son plays a lot of video games. Growing up he built cars with his father and now he wants to do the same with his son. He also needs storage space. The structure will have the ability to stack vehicles. There is minimal visibility of the structure from the cul de sac. The structure will match the house at 2770 Acacia Court South. Mr. Harmon continued that in order from him bring the structure into compliance, it would cost $37,000. A proposed elevation rendering was submitted depicting changes that could be made to the structure to make it more compatible with the house at 2770 Acacia Court South. Acting Ch. Sandler stated that if this request was brought before the Zoning Board of Appeals before construction began, he would not approve the request. The structure is visible from both Acacia Court South and Route 22. Mr. Freedman replied that a fence would screen part of the structure. He added that they are willing to change the materials to make the structure compatible with the house and to consider the cost to bring the structure into compliance. ZONING BOARD OF APPEALS PAGE 9 of 11 —MARCH 20,2007 Com. Stein asked Mr. Harmon where he currently resides. Mr. Harmon responded that he resides at 2760 Acacia Court South. Corn. Stein stated that he did not understand why the structure was built on the property at 2770 Acacia Court South. He inquired if a contract existed between Mr. Harmon and the contractor. Mr. Harmon responded that a contract does exist. Corn. Stein would like to see a copy of the contract showing that the contractor was responsible for obtaining the required permit. Com. Stein also inquired if Mr. Harmon had ever constructed anything in the past without the required permit. Mr. Harmon advised that he had and that he is in the process of having that removed. He added that he discussed the structure in question with Mr. Balling, who off the record, told him to go ahead and build it. Com. Windecker asked if there were architecture drawings before construction began. Mr. Harmon advised that there were architectural drawings and that the structure was built according to the plans. Com. Windecker asked if there is electric and plumbing in the structure. Mr. Harmon replied that the structure does have electric, but no plumbing. Corn. Windecker asked when the construction of the structure started. Mr. Harmon replied it started in June 2006. Corn. Shapiro asked about the cost to build the structure. Mr. Harmon advised it has cost $107,000.00 to date. They have not analyzed the cost to bring the structure into compliance. Com. Lesser advised that he would like to see a copy of the contract between Mr. Harmon and the contractor. He stated that the structure is built similar to a commercial building. Corn. Lesser inquired about the use of the two (2) over doors. Mr. Harmon stated that he may want to use the structure to work on a boat. Com. Dunn stated that that the intent of the Ordinance is to determine hardship and unique circumstances prior to construction,not after. Corn. Stein asked if any tools, such as torches or air compressor, would be used. Mr. Harmon replied that he is not sure. Mr. Larry Schneider, 2740 Acacia Court South, was present and previously sworn in. Mr. Schneider wants a guarantee that this structure would not become a commercial storage building for Mr. Harmon's ATV's and dirt bikes. Mr. Freedman, on behalf of Mr. Harmon, requested this hearing to be Tabled in order to provide possible solutions. The height, appearance, and landscaping are issues that need to be addressed. Com. Stein stated that he would like to have this issue resolved now and added that he would like to have the issue of the structure being built on the other lot addressed as well. Corn. Lesser made the following motion: I move we Table the request made by Baron D. Harmon, 2770 Acacia Court South, for variance of Zoning Ordinance, Section 17.32.030, pertaining to Height Restrictions, for the purpose of allowing the existing accessory garage/storage structure to remain as constructed that exceeds the permitted height of fifteen feet(15')by approximately eight feet four inches (8'4"). ZONING BOARD OF APPEALS PAGE 10 of 11 —MARCH 20, 2007 Corn. Dunn seconded the motion. Roll Call Vote: AYE—Dunn, Windecker, Lesser, Shapiro, Sandler NAY—Stein ABSTAIN—None Motion Passed 5 to 1. Item to appear on the agenda for the next regular meeting of the Zoning Board of Appeals. ANNOUNCEMENTS Corn. Stein stated that the Hamilton Partners leasing sign located at Lake Cook Road and Milwaukee Avenue was to be refaced as indicated by Mr. Jim Lang, Hamilton Partners, at the October 17, 2006 Zoning Board of Appeals meeting. To date, it has not yet been refaced. Mr. Schar will follow-up with Mr. Lang. ADJOURNMENT Motion to adjourn the meeting was made by Com. Lesser and seconded by Corn. Dunn. Voice Vote—AYE was unanimous. Acting Ch. Sandler adjourned the meeting at 10:15 P.M. Submitted by, ie Kamka ecording Secretary ZONING BOARD OF APPEALS PAGE 11 of 11 —MARCH 20,2007