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2008-08-19 - Zoning Board of Appeals - Minutes A P P I:1E1 REGULAR MEETING A . Cc7rce c 8 k o f og BUFFALO GROVE ZONING BOARD OF APPEALS AUGUST 19, 2008 Chairman Entman called the Zoning Board of Appeals regular meeting to order at 7:33 P.M. on Tuesday, August 19, 2008 in the Council Chambers of the Village Hall, 50 Raupp Boulevard. ROLL CALL Commissioners Present: Commissioner Stein Commissioner Dunn Commissioner Windecker Commissioner Shapiro Commissioner Au Chairman Entman Commissioners Absent: Commissioner Lesser Also Present: Brian Sheehan, Deputy Building Commissioner William Raysa, Village Attorney Jeffrey Berman, Village Trustee APPROVAL OF MINUTES July 15, 2008 minutes: Corn. Windecker made a motion to approve the minutes of the Zoning Board of Appeals regular meeting held on Tuesday, July 15, 2008. Corn. Dunn seconded the motion. Roll Call Vote: AYE — Stein, Dunn, Windecker, Entman NAY — None ABSTAIN — Shapiro, Au Motion Passed 4 to 0, 2 Abstentions. Minutes approved as submitted. OLD BUSINESS 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 ZONING BOARD OF APPEALS PAGE 1 of 9 — AUGUST 19, 2008 Mr. Darin Grice, 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 on July 15, 2008. Corn. Dunn made a motion to remove this item from the Table. Corn. Windecker seconded the motion. Voice Vote — AYE was unanimous. Mr. Grice explained that they would like to reface the existing ground sign and replace two (2) existing wall signs, one on the northeast elevation of the building and one on the southeast elevation of the building. Corn. Windecker stated that it was stated at the previous meeting that the wall signs were to be replaced with the same size signs. The drawings provided with the dimensions show that the new wall signs would be five (5) inches taller than the existing. Mr. Grice confirmed that the signs would be five (5) inches taller. They would also like to move and center the wall sign on the northeast elevation as shown in the drawing. They are not adding any new signs. There is no canopy sign. 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 recommend to the Village Board to grant the request made by Sign Productions, Inc., 1010 First Street N.W., Cedar Rapids, IA 52405 on behalf of Bank of America, 1355 W. 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 refacing the existing ground sign that is located within two hundred fifty (250) feet of three (3) existing ground signs on the same side of the street and is located less than ten (10) feet 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. Said signs to be installed pursuant to Exhibits "El", "E2" and "E3" submitted with the application. Pursuant to Sign Code, Section 14.44.010, Subsection B. Corn. Windecker seconded the motion. Roll Call Vote: AYE — Stein, Dunn, Windecker, Shapiro, Entman NAY — None ABSTAIN — Au Motion Passed 5 to 0, 1 Abstention. Item to appear on the September 8, 2008 Village Board agenda. NEW BUSINESS ZONING BOARD OF APPEALS PAGE 2 of 9 — AUGUST 19, 2008 180 MOHAWK TRAIL, RAFAEL LOZANO AND GUILLERMINA SANCHEZ — FENCE CODE, SECTION 15.20.040, TO CONSTRUCT A 6' FENCE ON THE EAST PROPERTY LINE BEGINNING AT THE REAR PROPERTY LINE EXTENDING SOUTH THEN TURNING WEST AND RETURNING TO THE NORTHEAST CORNER OF THE HOUSE; AND FOR THE PURPOSE OF CONSTRUCTING A 6' FENCE ON THE WEST PROPERTY LINE BEGINNING AT THE REAR PROPERTY LINE EXTENDING SOUTH THEN TURNING EAST AND RETURNING TO THE SOUTHWEST CONER OF THE HOUSE Mr. Rafael Lozano, 180 Mohawk Trail, was present and sworn in. The public hearing notice published in the Daily Herald on July 28, 2008 was read. Mr. Lozano explained that the reason for the request is for privacy on both sides. Ch. Entman read the Village Engineer's memorandum addressed to Edward Schar dated August 4, 2008 which states: "I have no comments on the proposal." Ch. Entman confirmed with the Petitioner that the proposed fence would be a white vinyl fence. Corn. Stein asked if the Petitioner has had any issues with privacy. Mr. Lozano stated that he has not had any issues with privacy. Sometimes people will walk by on the east. Corn. Stein stated that hardship has not been evidenced. He does not see the need to grant the request. Com. Windecker confirmed that there is a three (3) foot fence at the rear of the property. There is no privacy with a three (3) foot fence. He is not supportive of the request. Ch. Entman stated that he is not supportive of a six (6) foot fence. Mr. Dan Harrington, 499 Gregg Lane, Buffalo Grove, Illinois, was present and sworn in. He explained that there is a swale in the property where the fence is now and that allows people to see into the Petitioner's yard. There were no additional questions or comments from the Commissioners. There were no additional questions or comments from the audience. Corn. Stein made the following motion: I move we grant the request made by Rafael Lozano and Guillermina Sanchez, 180 Mohawk Trail, for variance of Fence Code, 15.20.040, pertaining to Residential Districts, for the purpose of constructing a six (6) foot fence on the east property line beginning at the rear property line extending south then turning west and returning to the northeast corner of the house; and for the purpose of constructing a six (6) foot fence on the west property line beginning at the rear property line extending south then turning east and returning to the southwest corner of the house. ZONING BOARD OF APPEALS PAGE 3 of 9 — AUGUST 19, 2008 Subject to the Village Engineer's memorandum dated August 4, 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—None NAY—Stein,Dunn,Windecker,Shapiro,Au,Entman ABSTAIN—None Motion Denied 6 to 0. The Petitioner was advised of their right to appeal the decision to the Village Board. 915 W. DUNDEE ROAD, SATURN OF ARLINGTON IN BUFFALO GROVE —SIGN CODE, SECTION 14.20.030, PERTAINING TO BUSINESS DISTRICTS; SECTION 14.20.070,PERTAINING TO GROUND SIGNS;SECTION 14.20.080,PERTAINING TO WALL SIGNS; SECTION 14.36.010.A, PERTAINING TO DIRECTIONAL AND INSTRUCTIONAL SIGNS;AND SECTION 14.40.125,PERTAINING TO ROOF SIGNS, FOR THE PURPOSE OF INSTALLING A ROOF SIGN ON THE NORTH ELEVATION OF THE BUILDING;TO INSTALL A"SERVICE RECEPTION"WALL SIGN ON THE EAST ELEVATION OF THE BUILDING THAT EXCEEDS THE SIZE ALLOWED; AND TO INSTALL TWO (2) GROUND SIGNS, EACH BEING WITHIN 250' OF AN EXISTING PERMANENT GROUND SIGN LOCATED ON THE SAME SIDE OF THE STREET Mr.Mark Battista,Rohrman Auto Group, 1285 E.Dundee Road,Palatine,Illinois 60074,was present and sworn in.The public hearing notice published in the Daily Herald on July 28,2008 was read. Mr.Battista explained that their request is to install signs for the new Saturn dealership.They are approximately four(4)weeks away from their opening of this new store. They are requesting two(2)ground signs.One(1)ground sign is for the new cars and one(1)ground sign is for the used cars. State law requires that they separate new cars from used cars. He described the proposed ground signs.He explained that this design is a new branding image for Saturn from General Motors.Eventually,all Saturn stores will have the signs,building elevations and colors as proposed.This store would be the first with the new branding image. Ch.Entman read the Village Engineer's memorandum addressed to Edward Schar dated August 4,2008 which states:"The proposed signs conflict with existing watermain and sanitary sewer." Mr.Battista stated that he has seen this report and has spoken with the project civil engineer and they will move the ground signs directly south as to not be over the watermain. Ch.Entman asked Mr.Sheehan if the Village knows the height of the Nissan ground sign.Mr. Sheehan stated that he did not know but could find out. ZONING BOARD OF APPEALS PAGE 4 of 9—AUGUST 19,2008 Mr. Raysa confirmed that the correct sign package contains a revision date of August 5, 2008 on pages two (2) and three(3). Ch. Entman stated that the proposed is a lot of signage for a small lot. Com. Shapiro agrees with Ch. Entman. The lot is very narrow and the two (2) proposed ground signs would be really close together. He added that the Commissioners do not approve roof signs. All the signs seem very large for the lot. Corn. Dunn believes that the two (2) ground signs are too large. She asked if they have to have two (2) ground signs. Mr. Battista explained that the State requires them to have two (2) signs to identify the new cars from the used cars. The signs are also required by General Motors. Corn. Dunn agrees that the lot is very narrow. She believes that the proposed wall sign is too big and is not supportive of the roof sign. Mr. Battista stated the sky box is required since is contains the Saturn logo. The logo is well-known and needs to be visible. He compared the sky box to the McDonald golden arches. They are forced to have two (2) separate signs to identify the new and used cars. The "Service Reception" sign will not be illuminated. The Village asked for the wall sign to include the name Buffalo Grove. These are not self-inflicted hardships. He described the signs at the Palatine Nissan dealership and the Sullivan Pontiac signs. Corn. Stein commented that McDonalds has learned that there are enough variances. If the Petitioner were to go back to General Motors, he'll find that they will probably have other sign packages in smaller sizes. There is too much signage for him to support the request. Corn. Shapiro stated that the other dealerships mentioned are not in Buffalo Grove. The dealership owned by Rohrman next door to this location does not have large signs. He does not support the request. Corn. Windecker stated that at the Appearance Review Team meeting, Mr. Battista agreed to add "Buffalo Grove" to the wall sign. He has an issue with the height of the proposed signs and would not support a height larger than what was previously approved for the adjacent dealerships. General Motors understands that different municipalities have different regulations. Walgreen's has forty-three (43) different sign packages. Mr. Battista asked if anyone knew the height of the adjacent ground signs. Mr. Sheehan stated . that he would locate that information. Ch. Entman stated that he understands that companies have different needs. He would like to see information on the surrounding signs and the revised location of the ground signs before rendering a decision. Mr. Battista requested to Table his Petition to provide the information requested and to follow up with General Motors regarding other available sign packages. There were no additional questions or comments from the Commissioners. There were no questions or comments from the audience. ZONING BOARD OF APPEALS PAGE 5 of 9—AUGUST 19,2008 Com. Windecker made the following motion: I move we Table the request being made by Saturn of Arlington Heights, 915 W. Dundee Road, for variance of Sign Code, Section 14.20.030, pertaining to Business Districts; Section 14.20.070, pertaining to Ground Signs; Section 14.20.080, pertaining to Wall Signs; Section 14.36.010.A, pertaining to Directional and Instructional Signs; and Section 14.40.125,pertaining to Roof Signs, for the purpose of installing a roof sign on the north elevation of the building; to install a wall sign on the north elevation of the building that may exceed the size allowed; to install a"Service Reception"wall sign on the east elevation of the building that exceeds the size allowed; and to install two (2) ground signs, each being within two hundred fifty(250) feet of an existing permanent ground sign located on the same side of the street. Com. Stein seconded the motion. Roll Call Vote: AYE—Stein,Dunn,Windecker, Shapiro, Au,Entman NAY—None ABSTAIN—None Motion Passed 6 to 0. This item to appear on the September 16, 2008 Zoning Board o Appeals agenda. 301 NORTH RIVERWALK DRIVE, HAMILTON PARTNERS — REVIEW OF THE 4 EXISTING LEASING SIGNS FOR"RIVERWALK PLACE" Mr. Kirk Hamilton, Hamilton Partners, 1130 Lake Cook Road, Buffalo Grove, Illinois and Ms. Darcy Tapper, Property Manager, 301 North Riverwalk Drive, Buffalo Grove, Illinois, were present and sworn in. Mr. Hamilton explained that they are reaching a point of stabilization. Ms. Tapper stated that they are approximately ninety (90) percent leased. Fifty-five (55) percent came from the signs, while twenty-five(25)percent came from internet advertising. Com. Stein confirmed that ninety (90) percent is currently leased. Ms. Tapper replied that they are ninety-five (95) percent, but will drop to ninety (90) percent at the end of the month. Corn. Stein stated that the signs have been up for two (2) years. The two (2) signs along Milwaukee Avenue should come down. Corn. Dunn asked which signs should come down. Mr. Hamilton believes the sign just north of Lake Cook Road on Milwaukee Avenue can be removed. Ms. Tapper added that the most important signs are the "Turn Now" signs. Mr. Hamilton would also like to keep the off- premises sign on the Riverwalk ground sign. Ch. Entman does not have an issue with keeping three (3) signs. Mr. Hamilton is amenable to removing one(1) signs. ZONING BOARD OF APPEALS PAGE 6 of 9—AUGUST 19, 2008 The photographs submitted were reviewed and marked as Exhibits "Al", "A2", "A3" and "A4". Signs"Al", "A2" and"A3"can remain. Sign "A4"is to be removed. There were no additional questions or comments from the Commissioners. There were no questions or comments from the audience. Corn. Stein made a motion to allow three (3) of the existing temporary signs to remain. One (1) sign is to be removed. Hamilton Partners shall appear at the February 2009 Zoning Board of Appeals regular meeting to review the status of the temporary signs. Corn. Windecker seconded the motion. Roll Call Vote: AYE—Stein, Dunn, Windecker, Shapiro, Au, Entman NAY—None ABSTAIN—None Motion Passed 6 to 0. Item to appear on the February 2009 Zoning Board of Appeals agenda for status review. ROGERS CENTER FOR COMMERCE, ARTHUR J. ROGERS & COMPANY — REVIEW OF THE EXISTING LEASING SIGN AT THE SOUTHWEST CORNER OF BARCLAY BOULEVARD AND APTAKISIC ROAD Mr. Norman Ross, Arthur J. Rogers and Company, 1601 Barclay Boulevard, Buffalo Grove, Illinois and Kathy Rogers, 1601 Barclay Boulevard, Buffalo Grove, Illinois, were present and sworn in. Ms. Rogers explained that they have had a usually high vacancy rate. They are at twenty (20) percent now and could go to thirty(30)percent next month. The current sign does generate calls. Ch. Entman stated that he has had business dealing with Mr. Ross. This will not affect his decision. Ms. Rogers added that the small change that was made to the sign previously has made a difference. Corn. Windecker asked about the number of tenants that will renew their leases. Mr. Ross replied that approximately seventy-five (75) percent of the current tenants are expected to renew. They recently lost a large tenant. They are facing issues that they have not seen in a long time. Ch. Entman is amenable to extending the sign for another 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 allow the existing For Rent, Sale, Lease Sign for Arthur J. Rogers & Company to remain at the southwest corner of Barclay Boulevard and Aptakisic Road ZONING BOARD OF APPEALS PAGE 7 of 9—AUGUST 19, 2008 for six months. This sign will be reviewed at the February 2009 Zoning Board of Appeals meeting for status. Com. Dunn seconded the motion. Roll Call Vote: AYE—Stein, Dunn, Windecker, Shapiro,Au, Entman NAY—None ABSTAIN—None Motion Passed 6 to 0. Item to appear on the February 2009 Zoning Board of Appeals agenda for status review. WOODLAND COMMONS SHOPPING CENTER, INLAND COMMERCIAL PROPERTY MANAGEMENT — REQUEST TO AMEND THE WOODLAND COMMONS SHOPPING CENTER SIGN CRITERIA Mr. Philip Kuntz, PK Construction, 1819 W. Grand Avenue, Chicago, Illinois, was present on behalf of Inland Commercial Property Management and was sworn in. Mr. Kuntz explained that they would like to change the approval from Project Architect to Landlord and would also like to add line number 7 to require signs to be mounted onto a raceway. They just want to update the sign criteria due to the large tenant turnover and the holes that are left in the façade. There were no questions or comments from the Commissioners. There were no questions or comments from the audience. Corn. Dunn made a motion to approve the revised Sign Criteria for the Woodland Commons Shopping Center as submitted. Com. Windecker seconded the motion. Roll Call Vote: AYE—Stein, Dunn, Windecker, Shapiro, Au, Entman NAY—None ABSTAIN—None Motion Passed 6 to 0. The Woodland Commons Shopping Center Sign Criteria has been amended. 1659 N. BUFFALO GROVE ROAD, MR. PIZZA AND WINGS — DEVIATION TO THE SHOPS AT APTAKISIC CREEK SHOPPING CENTER SIGN CRITERIA TO ALLOW A LOGO There was no one present to testify. Com. Stein made a motion to Table the request made by Mr. Pizza and Wings, 1659 N. Buffalo Grove Road, for deviation to the Shops at Aptakisic Creek Shopping Center Sign Criteria to allow a logo. Com. Windecker seconded the motion. Roll Call Vote: AYE—Stein,Dunn, Windecker, Shapiro,Au, Entman ZONING BOARD OF APPEALS PAGE 8 of 9—AUGUST 19, 2008 NAY — None ABSTAIN — None Motion Passed 6 to 0. Item to appear on the September 16, 2008 Zoning Board of Appeals agenda. ANNOUNCEMENTS Corn. Stein inquired if a permit was issued for the sign located at Adams Ribs, 301 Milwaukee Avenue. Mr. Sheehan advised that a permit was issued. Ms. Kamka announced that the River Oaks fence appeals are scheduled to appear before the Village Board on Monday, September 8, 2008. Ch. Entman and Corn. Stein advised that they would be present at that meeting. Discussion took place among the Commissioners concerning temporary signs. ADJOURNMENT Motion to adjourn the meeting was made by Corn. Stein and seconded by Corn. Dunn. Voice Vote — AYE was unanimous. Ch. Entman adjourned the meeting at 8:45 P.M. Submitted by, . )1Acavic&_ J e Kamka Recording Secretary ZONING BOARD OF APPEALS PAGE 9 of 9 — AUGUST 19, 2008