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2008-07-15 - Zoning Board of Appeals - Minutes Nano REGULAR MEETING As S corn;4kcd I Jo g BUFFALO GROVE ZONING BOARD OF APPEALS JULY 15, 2008 Chairman Entman called the Zoning Board of Appeals regular meeting to order at 7:35 P.M. on Tuesday, July 15, 2008 in the Council Chambers of the Village Hall, 50 Raupp Boulevard. ROLL CALL Commissioners Present: Commissioner Stein Commissioner Dunn Commissioner Windecker Commissioner Lesser Chairman Entman Commissioners Absent: Commissioner Shapiro Also Present: Edward Schar, Building Commissioner William Raysa, Village Attorney DeAnn Glover, Village Trustee APPROVAL OF MINUTES June 17, 2008 minutes: Corn. Dunn made a motion to approve the minutes of the Zoning Board of Appeals regular meeting held on Tuesday, June 17, 2008. Com. Windecker seconded the motion. Corn. Stein stated that the minutes are oversimplified. He would like his complete statements included on pages 16 through 22. He moved that the approval of the minutes be Tabled until the next regular meeting. There was no second. Roll Call Vote: AYE — Dunn, Windecker, Lesser, Shapiro, Entman NAY — Stein ABSTAIN — None Motion Passed 5 to 1. Minutes approved as submitted. OLD BUSINESS 500 HALF DAY ROAD, HARRIS BANK — SIGN CODE, SECTIONS 14.20.030 AND 14.20.080, TO ALLOW 3 ADDITIONAL WALL SIGNS THAT DO NOT FACE THE PUBLIC RIGHT-OF-WAY ZONING BOARD OF APPEALS PAGE 1 of 17 — JULY 15, 2008 Ms. Candance Williams, Icon Identity Solutions, 1418 Elmhurst Road, Elk Grove Village, Illinois, was present and sworn in. The public hearing notice published in the Daily Herald on April 22, 2008 was read. Ms. Williams explained that they are proposing three (3) illuminated wall signs that would not face the public right-of-way. The specific signs that are being requested are identified on Exhibit "El" as Sign #4, Sign#8 and Sign#10. Sign#4 is an ATM wall sign on the east elevation. Sign #8 are illuminated channel letters with logo on the east elevation. Sign #10 are illuminated channel letters with logo on the north elevation. Corn. Dunn asked if Sign #4 is the same size as the existing ATM sign. Ms. Williams believes that it is. Ch. Entman asked if the proposed signs are replacing existing signs. Mr. Schar stated that the proposed signs currently exist except for Sign#10. Sign#10 is a new sign. Ms. Williams stated that the reason for the request is to update the signs. Corn. Dunn stated that she would be in favor of allowing Signs #4 and #8 to be replaced at the same size as the existing signs. She is not in favor of adding Sign #10. Nine (9) signs should be sufficient. Corn. Lesser agrees with Corn. Dunn. The building is visible from all angles. Corn. Windecker agrees with Corn. Dunn and Corn. Lesser. 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 Icon Identity Solutions, 1418 Elmhurst Road, Elk Grove Village, Illinois on behalf of Harris Bank, 500 Half Day 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 allowing three (3) additional wall signs that do not face the public right- of-way. Sign#4 as shown on Exhibit "E2" to be replaced with the same size sign as the existing sign. Sign #8 as shown on Exhibit "E3" to be replaced with the same size sign as the existing sign. Sign#10 as shown on Exhibit"E4"is a new proposed wall sign. Pursuant to Sign Code, Section 14.44.010, Subsection B. Corn. Dunn seconded the motion. Sign#4 Roll Call Vote: AYE—Stein, Dunn, Windecker, Lesser, Entman ZONING BOARD OF APPEALS PAGE 2 of 17—JULY 15, 2008 NAY—None ABSTAIN—None Motion Passed 5 to 0. Findings of Fact attached. Item to be on the August 4, 2008 Village Board consent agenda. Sign#8 Roll Call Vote: AYE—Stein, Dunn, Windecker, Lesser, Entman NAY—None ABSTAIN—None Motion Passed 5 to 0. Findings of Fact attached. Item to be on the August 4, 2008 Village Board consent agenda. Sign#10 Roll Call Vote: AYE—None NAY—Stein, Dunn, Windecker, Lesser, Entman ABSTAIN—None Motion Denied 5 to 0. Findings of Fact attached. The Petitioner was notified of their right to appeal this decision to the Village Board. 1300 N. ARLINGTON HEIGHTS ROAD, BANK OF AMERICA — SIGN CODE, SECTIONS 14.20.020 AND 14.20.125, TO INSTALL A ROOF SIGN ON THE WEST ELEVATION OF THE DRIVE-THRU; TO REPLACE THE EXISTING GROUND SIGN WITH A NEW GROUND SIGN IN THE SAME LOCATION; AND THE COMBINATION OF ALL SIGNS WOULD EXCEED 32 SQUARE FEET Mr. Jeff Johnston, CB Richard Ellis, on behalf of Sign Productions, 1010 First Street N.W., Cedar Rapids, Iowa was present and sworn in. The public hearing notice published in the Daily Herald on May 1, 2008 was read. Mr. Johnston explained that they are requesting to replace the existing signs with new signs. One sign is a roof-mounted sign and would be replaced with the same size sign. The other sign is to replace the existing ground sign. The new ground sign would be the same height as the existing and would be smaller in width. The new ground sign would be two (2) sided and perpendicular to Route 83. Ch. Entman read the Village Engineer's memorandum addressed to Edward Schar dated May 5, 2008 which states: "I have no comments on the proposal." Ch. Entman stated that he is a customer of Bank of America,but that will not affect his decision. There were no questions or comments from the Commissioners. There were no questions or comments from the audience. Com. Dunn made the following motion: ZONING BOARD OF APPEALS PAGE 3 of 17—JULY 15, 2008 I move we recommend to the Village Board to grant the request made by Sign Productions, Inc., 1010 First Street N.W., Cedar Rapid, Iowa 52405 on behalf of Bank of America, 1300 N. Arlington Heights Road, for variance of Sign Code, Section 14.20.020, pertaining to Office & Research Districts; and Section 14.40.125, pertaining to Roof Signs, for the purpose of installing a roof sign on the west elevation of the drive-thru; to replace the existing ground sign with a new ground sign in the same location; and the combination of all signs would exceed the maximum allowable square footage by approximately fifty-one (51) square feet. Subject to the Village Engineer's memorandum dated May 5, 2008. Pursuant to Sign Code, Section 14.44.010, Subsection B. Corn. Lesser seconded the motion. Roll Call Vote: AYE — Stein, Dunn, Windecker, Lesser, Entman NAY — None ABSTAIN — None Motion Passed 5 to 0. Findings of Fact attached. Item to appear on the August 4, 2008 Village Board agenda. 1355 W. DUNDEE ROAD, BANK OF AMERICA — SIGN CODE, SECTIONS 14.20.030; 14.20.070 AND 14.20.080, TO REFACE THE EXISTING GROUND SIGN THAT IS LOCATED WITHIN 250' OF 3 EXISTING GROUND SIGNS ON THE SAME SIDE OF THE STREET AND IS LOCATED LESS THAN 10' FROM THE PROPERTY LINE; TO INSTALL AN ADDITIONAL WALL SIGN ON THE NORTHEAST ELEVATION OF THE BUILDING THAT DOES NOT FACE THE PUBLIC RIGHT-OF-WAY; AND TO INSTALL AN ADDITIONAL WALL SIGN ON THE SOUTHEAST ELEVATION OF THE BUILDING THAT DOES NOT FACE THE PUBLIC RIGHT-OF-WAY Mr. Jeff Johnston, CB Richard Ellis, on behalf of Sign Productions, 1010 First Street N.W., Cedar Rapids, Iowa was present and sworn in. The public hearing notice published in the Daily Herald on May 1, 2008 was read. Mr. Johnston explained that they are requesting to replace three (3) signs. The first sign, Sign #1, is the ground sign. They are only looking to reface the existing ground sign. The second sign, Sign #2, is the wall sign on the northeast elevation of the building. The third sign, Sign #3, is the wall sign on the southeast elevation of the building. Ch. Entman asked if the signs would be replaced at the same size as the existing signs. Mr. Johnston stated that the signs would be the same size as the existing. Corn. Dunn asked why the signs at this location would have a white background as opposed to the red background at the other location. Mr. Johnston stated that the landlord would not approve the sign package that included the red background. This is an alternate sign package. Com. Dunn is in favor of keeping the signs at the same size as they exist. ZONING BOARD OF APPEALS PAGE 4 of 17 — JULY 15, 2008 Discussion took place concerning the size of the existing signs and the proposed signs.It appears that the proposed signs are larger than the existing wall signs. Corn.Lesser stated that he does not have an issue with a slighter larger sign. Mr.Johnston added that the canopy sign is being removed and moved to the southeast elevation where there currently is no sign. Corn.Stein stated that Exhibit"E2"shows an existing sign on the southeast elevation. The Commissioners asked that the request be Tabled until clarification is provided concerning the canopy sign and also asked to be provided with the sizes of both the existing and proposed signs. Corn. Lesser made a motion to Table the request until the next regular meeting of the Zoning Board of Appeals schedule for Tuesday,August 19,2008 in order for the requested information to be provided.Com.Stein seconded the motion. Roll Call Vote:AYE—Stein,Dunn,Windecker,Lesser,Entman NAY—None ABSTAIN—None Motion Passed 5 to 0.Item to appear on the August 19,2008 Zoning Board of Appeals agenda. 5 RIVER OAKS CIRCLE EAST, STEVEN BERKOWITZ AND JACKI UNGER — FENCE CODE, SECTION 15.20.040, TO CONSTRUCT AN 8' FENCE ALONG THE REAR PROPERTY LINE Mr. Steven Berkowitz,5 River Oaks Circle East,was present and sworn in.The public hearing notice published in the Daily Herald on May 30,2008 was read. Mr. Berkowitz explained that he lives two (2)houses off the main road. He is requesting the fence due to noise from traffic and large trucks that use the road. The current fence is falling apart and needs to be replaced. A letter from Michelle McMullen-Tack was submitted that includes signatures of twenty-two(22)of the twenty-three(23)residents in the subdivision.The River Oaks Circle residents are requesting the same style fence for aesthetics. When he purchased the home,he was never told about the roadway and bridge project. It would take a twelve(12)foot wall to completely abate the noise.All he is looking for is to minimize the noise. They have built a patio that is three(3)feet above grade.When he sits on the patio,he can see the traffic and the traffic can see into his yard.He works out of the home.He cannot open his windows due to the noise from the traffic. Photographs were submitted by the Petitioner and marked as Group Exhibit"N". Ch.Entman read the Village Engineer's memorandum addressed to Edward Schar dated June 5, 2008 which states: "I(n) reviewing the submitted materials there presumably may be some testimony,particularly related to 9 River Oaks East, that the elevation, at the location of the ZONING BOARD OF APPEALS PAGE 5 of 17—JULY 15,2008 proposed fence, is "5'-8' below the roadway". No supporting documentation is included and I would estimate that the variation grade ranges from near level at 3 River Oaks Circle East to something in the range of 3 feet vertical difference towards the north end of the petitioners presented." Ch. Entman read the following items into the record: • Printed presentation from Robert Heape, 35 River Oaks Circle East — marked as Exhibit • Email from Michelle McMullen-Tack, 11 River Oaks Circle East dated June 16, 2008 — marked as Exhibit"G"; • Email from Yaya Liu, 4 River Oaks Circle West dated June 11, 2008 —marked as Exhibit • USDA Wildlife Study—marked as Exhibit"I"; • Plan Commission meeting minutes dated May 19, 1999—marked as Exhibit"J"; and • Village Board meeting minutes dated September 13, 1999—marked as Exhibit"K" • Letter from Michelle McMullen-Tack, 11 River Oaks Circle East dated July 14, 2008 — marked as Exhibit"M" • Photographs submitted by Steven Berkowitz—marked as Group Exhibit"N" Ch. Entman stated that although the letter submitted by Michelle McMullen-Tack was read into the record, it is not admission as to the content of the letter. Michelle McMullen-Tack was not present at the last meeting. `•/ Ch. Entman stated that he is not in favor of the request. He does not believe that the criteria for granting a variation has been met. Corn. Windecker asked how long the Petitioner has resided at this address. Mr. Berkowitz stated that he has resided there for eight (8) years. He has been a Buffalo Grove resident for twenty-two (22) years. Com. Windecker asked when the Petitioner decided that the fence needed repair. Mr. Berkowitz stated that everyone in the subdivision agreed last year that the fence needed repair. He added that the extra two (2) feet would minimize the noise and would allow him to use his backyard. Corn. Windecker asked what makes an eight (8) foot fence the right height. Mr. Berkowitz responded that he has been in this situation before at a different residence and the eight(8) foot fence installed there did help with the noise. Corn. Windecker asked about the train traffic. Mr. Berkowitz stated that he does not hear any noise from the trains. Corn. Windecker stated that he lives two (2) lots away from a main road and he does not hear the traffic. Buffalo Grove Road was a busy road before the project. Mr. Berkowitz replied that Buffalo Grove Road was a side country road. Now it allows trucks. Corn. Stein stated that he was informed that a previous Petitioner that resides on River Oaks Circle attempted to contact him directly. He did not feel that was appropriate. He does believe that there is a noise issue. He did not have a chance to read the letter submitted by Michelle McMullen-Tack dated July 14, 2008. A twelve (12) foot fence is a possible remedy. Mr. Berkowitz stated that Lake County was contacted but was told to get a variance from the Village first. Corn. Stein stated that many people do drive Buffalo Grove Road to get to Route 60. Mr. ZONING BOARD OF APPEALS PAGE 6 of 17—JULY 15,2008 Berkowitz added that based on personal past experiences, the proper type of eight (8) foot fence `,,d would minimize the noise. Corn. Lesser feels that noise is a problem but does not have evidence to support that an eight (8) foot fence would solve the problem. He is convinced that a fence six (6) to eight (8) feet is not a solution. Mr. Berkowitz stated that the solution would be a twelve(12) foot wall. Corn. Dunn stated that she is not supportive of the request. An eight (8) foot fence would be a wall. Route 83 is a five (5) lane highway with speed limits at 45mph. Buffalo Grove Road is not similar. She does not feel that the criteria has been met to grant the request. Mr. Berkowitz stated that they are only asking for an extra two (2) feet of fence. Buffalo Grove Road will become similar to Route 83 in the next five(5)to ten(10)years. There were no additional questions or comments from the Commissioners. There were no additional questions or comments from the audience. Com. Stein made the following motion: I move we grant the request made by Steven Berkowitz and Jacki Unger, 5 River Oaks Circle East, for variance of Fence Code, Section 15.20.040, pertaining to Residential Districts, for the purpose of constructing an eight(8) foot fence along the rear property line. Subject to the Village Engineer's memorandum dated June 5, 2008. 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. Lesser seconded the motion: Roll Call Vote: AYE—Stein NAY—Dunn, Windecker, Lesser, Entman ABSTAIN—None Motion Denied 4 to 1. Findings of Fact attached. The Petitioner was notified of their right to appeal this decision to the Village Board. 1200 W. DUNDEE ROAD, EL POLLO LOCO — SIGN CODE, SECTIONS 14.20.030; 14.20.070; 14.20.080 AND 14.40.025, TO INSTALL A GROUND SIGN THAT WOULD BE LOCATED LESS THAN 3' FROM THE PROPERTY LINE; TO INSTALL A MENU BOARD GROUND SIGN WITH CHANGEABLE COPY; TO ALLOW A WALL SIGN ON THE SOUTH ELEVATION OF THE BUILDING THAT WOULD EXCEED THE SIZE ALLOWED; TO ALLOW 2 WALL SIGNS ON THE NORTH ELEVATION OF THE BUILDING THAT DOES NOT FACE THE PUBLIC RIGHT-OF-WAY; AND TO ALLOW A WALL SIGN ON THE EAST ELEVATION OF THE BUILDING THAT EXCEEDS THE SIZE ALLOWED ZONING BOARD OF APPEALS PAGE 7 of 17—JULY 15, 2008 Mr. Christopher Spahr, ABE Holdings, LLC, 717 Walden, Winnetka, Illinois and Mr. Ray Best, The Nanshe Group, LLC, One Westbrook Corporate Center, Suite 300, Westchester, Illinois, were present and sworn in. The public hearing notice published in the Daily Herald on May 30, 2008 was read. Mr. Spahr explained that he is the co-founder of the company. He has spent the last eight (8) months going through the approval process. They are very excited to be opening a location here. Mr. Best explained that the site is very tight. They received a variance to construct the drive-thru in the setback area. The proposed ground sign would be located three (3) feet from the property line. The site will have right-in and right-out access so line of sight will not be an issue. The proposed ground sign would be eight (8) feet in height, less than what is allowed. It will have a masonry base and will be landscaped. The second ground sign is a menu board ground sign. The menu board is critical to the business. The proposed wall sign on the south elevation of the building would be a sign cabinet located on the tower. It would be 31.3 square feet which is smaller than allowed. The proposed wall sign on the north elevation of the building would not face the public right-of-way. This sign is needed to allow southbound traffic on Arlington Heights Road to identify the business. The second sign on the north elevation is the chicken head logo that will not be illuminated. The proposed wall sign on the east elevation of the building would be four(4) feet and one and three quarter(1-3/4) inches longer that allowed. Ch. Entman read the Village Engineer's memorandum addressed to Edward Schar dated June 3, 2008 which states: "The proposed sign location conflicts with a Village watermain and is not L, acceptable" Ch. Entman read the Village Engineer's memorandum addressed to Julie Kamka dated July 15, 2008 which states: "If you have the same plans that they gave to me the location is acceptable." Ch. Entman read the email from Chris Goluba dated May 22, 2008 which contains the landlord approval. Corn. Lesser stated that he has an issue with the height of the ground sign. The location of the restaurant will be well-established. The proposed wall sign on the south elevation should be reduced in size. He does not have any issues with the chicken head logo or the channel letters. Com. Dunn confirmed that the Petitioner is requesting only one (1)menu board. She asked about the size of the pictures on the menu board. Mr. Spahr stated that the renderings make the pictures look larger than they would be. A photograph was shown of an existing menu board to depict the size of the pictures. Corn. Dunn believes that the width of the menu board can be reduced. Mr. Spahr stated that the menu board is a standard issuance. They would have to customize every time there is a menu change. The proposed size would simplify the ordering process. Corn. Windecker asked about the size of the individual picture boxes on the menu board. Mr. Spahr stepped out of the room to obtain additional information regarding the menu board. Ch. Entman would also like to see the ground sign reduced. Li ZONING BOARD OF APPEALS PAGE 8 of 17—JULY 15, 2008 Corn. Lesser added that there should be optional sign packages available. Mr. Best replied that the proposed signs are the standard signs and are close to what is allowed. The menu board comes in only one(1) size. Mr. Spahr was able to confirm that the picture boxes in the menu board would be twelve (12) inches by eighteen (18) inches. There would be ten (10) translight sections. Each translight section would twelve (12) inches by eighteen (18) inches. There may be one (1) or two (2) translight sections that would be 100% picture, but the rest would be all text or up to three quarters (3/4)text. Corn. Dunn would like to see the menu board smaller. Mr. Spahr responded that it would negatively impact the business by removing two (2)translight sections from the menu board. Ch. Entman would like to see the ground sign reduced to six (6) feet in height and would like to see the wall signs on the north and east elevations not to exceed ten(10) feet in width. Mr. Spahr stated that he is not saying that the signs cannot be made smaller, it would cost them more. Mr. Spahr amended his petition to reduce the height of the ground sign to six (6) feet. He also amended his petition to reduce the width of the proposed wall signs on the north and east elevations to ten(10) feet. The menu board will remain as proposed. 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 ABE Holdings, LLC, 717 Walden, Winnetka, Illinois 60093, for variance of Sign Code, Section 14.20.030, pertaining to Business District; Section 14.20.070, pertaining to Ground Signs; Section 14.20.080, pertaining to Wall Signs; and Section 14.40.025, pertaining to Changeable Copy, for the purpose of installing a ground sign that would be located three (3) feet from the property line; to install a menu board ground sign with changeable copy; to allow a wall sign on the south elevation of the building that would exceed the size allowed; to allow two (2) wall signs on the north elevation of the building that does not face the public right-of-way; and to allow a wall sign on the east elevation of the building that exceeds the size allowed. Subject to the Village Engineer's memorandums dated June 3, 2008 and July 15, 2008. The proposed ground sign is not to exceed six (6) feet in height. The proposed channel letter wall signs on the north and east elevations of the building are not to exceed ten (10) feet in length. Pursuant to Sign Code, Section 14.44.010, Sub-section B. Corn. Windecker seconded the motion. ZONING BOARD OF APPEALS PAGE 9 of 17—JULY 15, 2008 Ground Sign: Roll Call Vote: AYE—Stein, Windecker, Lesser, Entman NAY—Dunn ABSTAIN—None Motion Passed 4 to 1. Findings of Fact attached. Item to appear on the August 4, 2008 Village Board agenda. Menu Board Ground Sign: Roll Call Vote: AYE—Stein, Windecker, Lesser, Entman NAY—Dunn ABSTAIN—None Motion Passed 4 to 1. Findings of Fact attached. Item to appear on the August 4, 2008 Village Board agenda. Wall Sign South Elevation: Roll Call Vote: AYE—Stein, Windecker, Lesser, Entman NAY—Dunn ABSTAIN—None Motion Passed 4 to 1. Findings of Fact attached. Item to appear on the August 4, 2008 Village Board agenda. Wall Signs(2)North Elevation: Roll Call Vote: AYE—Stein, Dunn, Windecker, Lesser, Entman NAY—None ABSTAIN—None Motion Passed 5 to 0. Findings of Fact attached. Item to appear on the August 4, 2008 Village Board agenda. Wall Sign East Elevation: Roll Call Vote: AYE—Stein, Dunn, Windecker, Lesser, Entman NAY—None ABSTAIN—None Motion Passed 5 to 0. Findings of Fact attached. Item to appear on the August 4, 2008 Village Board agenda. 1250 RADCLIFFE ROAD, LITTLE UNIVERSITY — SIGN CODE, SECTION 14.20.010, TO INSTALL AN ADDITIONAL WALL SIGN ON THE WEST ELEVATION OF THE BUILDING THAT WOULD EXCEED THE NUMBER OF SIGNS ALLOWED AND WOULD EXCEED THE ALLOWABLE SQUARE FOOTAGE FOR ALL SIGNS BY APPROXIMATELY 40 SQUARE FEET ZONING BOARD OF APPEALS PAGE 10 of 17—JULY 15, 2008 Ms. Mindy Seo, Little University, 1250 Radcliffe Road, was present and sworn in. The public hearing notice published in the Daily Herald on May 30, 2008 was read. Ms. Seo explained that she has leased space from Lord's Love Community Church. She has made extensive renovations to the lease space and has been operating since March 2008. Since then, she has only had two (2) children enroll in the program, one (1)just last week. She needs the proposed sign to advertise her business to the public. Corn. Lesser stated that he does not have an issue with the proposed sign. It is smaller than the wall sign for the church. Corn. Stein stated that when the church was requesting their sign, this business within the building was not mentioned. He asked how many more businesses are there within the building that will need a sign. He is not supportive of the request. Mr. Ron Mraz, 1261 Radcliffe Road, Buffalo Grove, Illinois, was present and sworn in. Mr. Mraz stated that during the approval process, the church advised that they would be the only occupancy in the building. He advised that the church has a sign on Thornton Lane. There are currently two (2) businesses in the building that are not affiliated with the church. The property will become like a mini mart. He suggested that the building address be put on the side of the building along Arlington Heights Road to assist people with finding the building. There is already a day care in the building. A fence safety issue has been brought to the attention of the Village. Com. Stein stated that he does not want any advertising that Little University is in the building. Ms. Seo replied that she has been working with the Village to promote advertising. She has spent one-hundred-twenty-thousand dollars ($120,000) on renovations to the space. Currently she is bringing home five-hundred dollars ($500) a week with only the two (2) children enrolled. The other day care is part of the church. Mr. Mraz added that if the sign is approved, other tenants in the building will want a sign as well. Mr. Schar advised the Commissioners that the two (2) tenants in the building, other than church, are approved uses. Com. Windecker asked if the sign would be illuminated. Ms. Seo stated that the sign would be illuminated. She used the same sign contractor as the church. There were no additional questions or comments from the Commissioners. There were no additional questions or comments from the audience. Corn. Windecker made the following motion: I move we recommend to the Village Board to grant the request made by Little University, 1250 Radcliffe Road, for variance of Sign Code, Section 14.20.010,pertaining to Residential Districts, for the purpose of installing an additional wall sign on the west elevation of the building that ZONING BOARD OF APPEALS PAGE 11 of 17—JULY 15,2008 would exceed the number of signs allowed and would exceed the allowable square footage for all signs on the property by approximately forty(40) square feet. Sign illumination would be limited to the same hours as the church sign. Pursuant to Sign Code, Section 14.44.010, Subsection B. Com. Lesser seconded the motion. Roll Call Vote: AYE—Dunn, Windecker, Lesser, Entman NAY—Stein ABSTAIN—None Motion Passed 4 to 1. Findings of Fact attached. Item to appear on the August 4, 2008 Village Board agenda. CHEVY CHASE BUSINESS PARK, HAMILTON PARTNERS — REVIEW OF THE EXISTING LEASING SIGNS AT MILWAUKEE AVENUE AND LAKE COOK ROAD, 1001 JOHNSON DRIVE AND 1098 JOHNSON DRIVE Mr. Jim Lang, Hamilton Partners, 300 Park Boulevard, Itasca, Illinois,was present and sworn in. Mr. Lang explained that he was before the Commissioners about seven (7) months ago. He thought that the economy would be better by now. They continue to have the same amount of space vacant. Not one(1)of the spaces have been leased. Com. Stein stated that the signs need some repair. The sign located at Lake Cook Road and Milwaukee Avenue needs to have the panels repaired. The panels are starting to separate. The remaining signs need to be repainted. Mr. Lang agreed to repair and repaint the signs. 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 Chevy Chase Business Park, Hamilton Partners, for the for rent, sale, lease signs located at 1001 Johnson Drive, 1080- 1098 Johnson Drive and at Lake Cook Road and Milwaukee Avenue. The signs are to be repaired and repainted within two (2) months. Petitioner to appear at the January 2009 Zoning Board of Appeals meeting for a status review of the signs. Com. Dunn seconded the motion. Roll Call Vote: AYE—Stein,Dunn,Windecker, Lesser, Entman NAY—None ABSTAIN—None Motion Passed 5 to 0. Item to appear on the January 2009 Zoning Board of Appeals agenda. 2800 ROSLYN LANE, ZHOUYAO ZHANG AND LIN CUI — FENCE CODE, SECTION 15.20.040, TO CONSTRUCT A 5' FENCE APPROXIMATELY 72' IN LENGTH TO BE LOCATED A DISTANCE OF 28' BEYOND THE BUILDING SETBACK LINE ALONG PRAIRIE ROAD,THEN TURNING WEST ALONG THE REAR PROPERTY LINE ZONING BOARD OF APPEALS PAGE 12 of 17—JULY 15, 2008 Mr. Zhouyao Zhang, 2800 Roslyn Lane, was present and sworn in. The public hearing notice published in the Daily Herald on June 24, 2008 was read. Mr. Zhang explained that their property is on the west side of Prairie Road facing east. Along Prairie Road, his neighbor's all have fences along the property lines. ComEd has been cutting down trees in the area and that side of his property is now exposed. Ch. Entman read the Village Engineer's memorandum addressed to Edward Schar dated June 30, 2008 which states: "I have no comments on the proposal." Ch. Entman stated that the fence must match the Tree Conservancy Covenant. Mr. Zhang stated that the fence will match the Covenant. It will be a five(5) foot board on board fence. Com. Windecker does not have an issue with the fence due to the trees and ComEd. There were no additional questions or comments from the Commissioners. There were no questions or comments from the audience. Com. Stein made the following motion: I move we grant the request made by Zhouyao Zhang and Lin Cui, 2800 Roslyn Lane, for variance of Fence Code, 15.20.040, pertaining to Residential Districts, for the purpose of constructing a five (5) foot fence approximately seventy-two (72) feet in length to be located a distance of twenty-eight (28) beyond the building setback line along Prairie Road, then turning west along the rear property line a distance of eight(8) feet. Said fence to be a five (5) foot wood board on board. Subject to the Village Engineer's memorandum dated June 30, 2008. 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. Dunn seconded the motion. Roll Call Vote: AYE—Stein, Dunn, Windecker, Lesser, Entman NAY—None ABSTAIN—None Motion Passed 5 to 0. Findings of Fact attached. Permit may be issued in fifteen(15) days—July 31, 2008. 47 CARLYLE LANE, MICHAEL TURANSICK AND SHANNON HESSION — FENCE CODE, SECTION 15.20.040, TO CONSTRUCT A 6' FENCE BEYOND THE BUILDING SETBACK LINE ALONG BRANDYWYN LANE Mr. Michael Turansick, 47 Carlyle Lane, was present and sworn in. The public hearing notice published in the Daily Herald on June 24, 2008 was read. ZONING BOARD OF APPEALS PAGE 13 of 17—JULY 15, 2008 Mr. Turansick explained that they moved into the home about eleven (11) months ago. They have an eighteen (18) month old and would like the fence for safety reasons. The traffic is very heavy along Brandywyn Lane. They are also considering installing a pool. He noted a correction on the Plat of Survey submitted with the application. The fence would start at the back of the garage and not at the front of the house. Corn. Windecker stated that he is not in favor of a six (6) foot fence. Corn. Lesser asked about why the Petitioner chose a six (6) foot fence. Mr. Turansick stated that the fence height being requested should be a five (5) foot six (6) inch fence. Com. Lesser does not believe that the criteria has been met to grant the request. Mr. Turansick advised that he was not aware of the five (5) foot height restriction. He is willing to amend his petition to a five(5) foot fence. Ch. Entman stated that he is not in favor of a six (6) foot fence. A five (5) foot fence located on the building line would satisfy the reasons for the fence. Mr. Turansick added that they are considering installing a pool in the future and would like the fence for safety reasons. Ch. Entman replied that they cannot grant a variance for something that might be installed in the future. The Petitioner,Mr. Turansick,withdrew his petition. MILL CREEK CONDOMINIUM ASSOCIATION—FENCE CODE, SECTION 15.20.040, TO REPLACE 1 TRASH ENCLOSURE WITH A NEW 7' ENCLOSURE LOCATED IN THE PARKING LOT NORTH OF BUIDLING 6 (1087-1089 MILLER LANE) Ms. Barbara Maglieri, Hillcrest Property Management, 55 West 22nd Street, Lombard, Illinois, was present and sworn in. The public hearing notice published in the Daily Herald on June 24, 2008. Ms. Maglieri explained that she had not included this trash enclosure when previously before the Commissioners. There are a total of nine (9) trash enclosures. Eight (8) were previously approved. Ch. Entman read the Village Engineer's memorandum addressed to Edward Schar dated June 30, 2008 which states: "I have no comments on the proposal." Corn. Dunn stated that the new trash enclosures look nice. Corn. Windecker agrees with Com. Dunn. ZONING BOARD OF APPEALS PAGE 14 of 17—JULY 15, 2008 There were no additional 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 Mill Creek Condominium Association, for variance of Fence Code, Section 15.20.040, pertaining to Residential Districts, for the purpose of replacing one (1) trash enclosure with a new seven (7) foot enclosure located in the parking lot north of Building 6 (1087-1089 Miller Lane). Subject to the Village Engineer's memorandum dated June 30, 2008. 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—Stein, Dunn, Windecker, Lesser,Entman NAY—None ABSTAIN—None Motion Passed 5 to 0. Findings of Fact attached. Permit may be issued in fifteen (15) days—July 31, 2008. 50 RAUPP BOULEVARD, VILLAGE OF BUFFALO GROVE — SIGN CODE, SECTION 14.40.080, TO ALLOW A COLD AIR BIRTHDAY CAKE BALLOON APROXIMATELY 18' IN HEIGHT ON THE ATHLETIC FIELD AT ST. MARY'S SCHOOL, 50 N. BUFFALO GROVE ROAD, DURING BUFFALO GROVE DAYS, AUGUST 28, 2008 THROUGH SEPTEMBER 1, 2008 There was no one present to testify. The public hearing notice published in the Daily Herald on June 25, 2008 was read. Ch. Entman read the application and supporting documentation submitted with the application. Letter submitted by Karen Danenberg, dated May 30, 2008—Exhibit"D". Site Plan with the proposed location of balloon—Exhibit"A". Letter submitted by Rev. Marc Reszel, St. Mary Parish, dated June 18, 2008 —Exhibit"I". There were no 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 request made by the Village of Buffalo Grove, 50 Raupp Boulevard, for variation of Sign Code, Section 14.40.080,pertaining to Banners, for the purpose of allowing a cold air birthday cake balloon approximately eighteen ZONING BOARD OF APPEALS PAGE 15 of 17—JULY 15, 2008 (18) feet in height on the athletic field at St. Mary's School, 50 N. Buffalo Grove Road, during Buffalo Grove Days, August 28, 2008 through September 1, 2008. Insurance requirements to be met prior to Buffalo Grove Days. Pursuant to Sign Code, Section 14.44.0101, Subsection B. Corn. Dunn seconded the motion. Roll Call Vote: AYE—Stein,Dunn, Windecker, Lesser, Entman NAY—None ABSTAIN—None Motion Passed 5 to 0. Findings of Fact attached. Item to appear on the August 4, 2008 Village Board agenda. 151 RAUPP BOULEVARD,BUFFALO GROVE PARK DISTRICT—SIGN CODE, SECTION 14.20.010,TO ALLOW 2 ADDITIONAL WALL SIGNS AT EMMERICH PARK EAST THAT WOULD EXCEED THE NUMBER OF ALLOWABLE SIGNS AND ALL SIGNS WOULD EXCEED THE TOTAL ALLOWABLE SQUARE FOOTAGE BY APPROXIMATELY 113 SQUARE FEET Mr. Mike Rylko, Buffalo Grove Park District, 530 Bernard Drive, Buffalo Grove, Illinois and Mr. Joey Weber, President, Bill's Youth Football Program,were present and sworn in. The public hearing notice published in the Daily Herald on June 30, 2008 was read. Mr. Rylko explained that the Park District Board has reviewed the proposed signs and does agree with it. The Bill's Youth Football Program has made major improvements to the park. Last month an irrigation system was installed. There will not be any advertising on the signs. There is currently one (1) existing sign. The proposal is to install two (2) additional wall signs. They want to recognize the children going back to 1984. The proposed signs would not face any residential area. Various photographs showing various angles were reviewed. He explained that they are trying to be as good a neighbor as they can. The new irrigation system that was recently installed replacing the old system that had a very loud generator. The Bill's Youth Football Program fully funded the irrigation project. They do not want to impact the neighbors. They just want to honor kids who have set records. Mr. John Teckorius, 199 Raupp Boulevard, Buffalo Grove, Illinois, was present and sworn in. Mr. Teckorius explained that the signs have already been installed. The finish on the signs is a high gloss. He does not see the need for the signs and asked when the Park District will stop. Mr. Rylko replied that the sign will not continue to grow.Names will be replaced on the signs as records are broken. Mr. Joey Weber added that the signs are constructed of an opaque colored vinyl. They are going for community pride and program pride. Ch. Entman believes that there should a limit on the number of names added to the signs. ZONING BOARD OF APPEALS PAGE 16 of 17—JULY 15, 2008 There were no additional questions or comments from the Commissioners. There were no additional questions or comments form the audience. Corn. Windecker made the following motion: I move we recommend to the Village Board to grant the request made by the Buffalo Grove Park District, 530 Bernard Drive, for variance of Sign Code, Section 14.20.010,pertaining to Residential Districts, for the purpose of allowing two (2) additional wall signs at Emmerich Park East, 151 Raupp Boulevard; one wall sign to be located on the north elevation of the building and one wall sign to be located on the east elevation of the building. The proposed wall signs would exceed the number of allowable signs and all signs would exceed the total allowable square footage by approximately 113 square feet. Signs to be installed pursuant to the exhibits submitted to and approved by the Village. The signs are restricted to the present size. Pursuant to Sign Code, Section 14.44.010, Subsection B. Corn. Dunn seconded the motion. Roll Call Vote: AYE—Stein,Dunn, Windecker, Lesser, Entman NAY—None ABSTAIN—None Motion Passed 5 to 0. Findings of Fact attached. Item to appear on the August 4, 2008 Village Board agenda. ANNOUNCEMENTS Ch. Entman advised that he will be present at the July 21, 2008 Village Board meeting. ADJOURNMENT Motion to adjourn the meeting was made by Corn. Windecker and seconded by Corn. Stein. Voice Vote—AYE was unanimous. Ch. Entman adjourned the meeting at 10:45 P.M. Submitted by, 1)034( J e Kamka • Recording Secretary ZONING BOARD OF APPEALS PAGE 17 of 17—JULY 15, 2008