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2011-07-19 - Zoning Board of Appeals - Minutes APPR OWE T As 5L(efmrrEt 1111(011 REGULAR MEETING BUFFALO GROVE ZONING BOARD OF APPEALS JULY 19, 2011 Chairman Entman called the Zoning Board of Appeals regular meeting to order at 7:30 P.M. on Tuesday, July 19, 2011 in the Council Chambers of the Village Hall, 50 Raupp Boulevard. ROLL CALL Commissioners Present: Commissioner Cesario Commissioner Windecker Commissioner Shapiro Commissioner Au Chairman Entman Commissioners Absent: Commissioner Steingold Commissioner Lesser Also Present: Brian Sheehan, Deputy Building Commissioner William Raysa, Village Attorney Trustee Les Ottenheimer Li Commissioner Steingold arrived at 7:31 P.M. APPROVAL OF MINUTES June 21 , 2011 minutes: Com. Windecker made a motion to approve the minutes of the Zoning Board of Appeals regular meeting held on Tuesday, June 21 , 2011 . Com. Au seconded the motion. Roll Call Vote: AYE — Cesario, Steingold, Windecker, Au, Entman NAY — None ABSTAIN — Shapiro Motion Passed 5 to 0, 1 Abstention. Minutes approved as submitted. BUSINESS 1020 PLUM GROVE CIRCLE, JEFF AND LAURIE PARKER — ZONING ORDINANCE, SECTION 17.20.030, TO ALLOW THE EXISTING AIR CONDITIONING UNIT TO REMAIN IN THE CORNER SIDE YARD Mr. Jeff Parker and Mrs. Laurie Parker, 1020 Plum Grove Circle, were present and sworn in. The public hearing notice published in the Daily Herald on June 28, 2011 was read. ZONING BOARD OF APPEALS JULY 19, 2011 PAGE 1 of 6 Mr. Parker explained that last fall they replaced their furnace. At the same time, they replaced their air conditioner. When they applied for the permit to replace their air conditioner they were advised that the existing air conditioner unit, which was located in the side yard, could not be in the side yard. They would like to keep the unit in the location that it currently exists. It would cause them hardship to relocate the unit to the rear of the house due to the location of the electric meter and patio. It would also be a significant cost to them to relocate the unit because they would have to move the electrical disconnect. They do not want to put in more holes in the house. If moved, the unit would then be closer to their neighbor to the rear of them. Ch. Entman read the Village Engineer's memorandum addressed to Brian Sheehan dated June 30, 2011 which states: "I have no comments on the proposal." Ch. Entman also read the Appearance Review Team (ART) minutes of July 6, 2011 which requests a landscaping plan to be submitted to the Village for review and approval and that the specifications on the unit be provided to the ZBA. Mr. Parker stated that he did submit a landscaping plan that was reviewed by the Village Forester. He made corrections based on comments from the Village Forester and provided a revised landscaping plan which has been marked as Exhibit "F". Corn. Windecker asked about when the permit was applied for. Mr. Parker stated that he applied for the permit in November 2010. Corn. Windecker asked Mr. Parker if he was told then that the unit was located in the wrong place. Mr. Parker stated that he was told at that time. Corn. Windecker asked why it took so long to apply for a variance. Mrs. Parker stated that they were discussing their options and decided to apply for the variation. Mr. Ben Rieboldt, 253 Stonegate Road, was present and sworn in. Mr. Rieboldt stated that he lives directly across Stonegate from the Petitioner. He has no issues with the unit in its current location. Ch. Entman read a letter submitted by Ms. Sharon Dovin, 1015 Plum Grove Circle. The letter dated July 1, 2011 states: "To Whom It May Concern; Regarding the above request of Jeff and Laurie Parker, I have no objections to the location of the existing air conditioning unit. I will be unable to attend the public hearing. Thank you." There were no additional questions or comments from the Commissioners. There were no additional questions or comments from the audience. Corn. Au made the following motion: I move we recommend to the Village Board to grant the request made by Jeff and Laurie Parker, 1020 Plum Grove Circle, for variance of Zoning Ordinance, Section 17.20.030, pertaining to Building height, bulk and lot coverage, for the purpose of allowing the existing air conditioner unit to be located in the corner side yard. ZONING BOARD OF APPEALS JULY 19, 2011 PAGE 2 of 6 Subject to the Village Engineer's memorandum dated June 30, 2011; the ART minutes dated July 6, 2011 and the revised landscaping plan submitted and marked as Exhibit"F". The existing air conditioning unit will not be detrimental to the public health, safety and welfare and will not alter the essential character of the neighborhood. Corn. Shapiro seconded the motion. Roll Call Vote: AYE—Cesario, Steingold, Windecker, Shapiro, Au, Entman NAY—None ABSTAIN—None Motion Passed 6 to 0. Findings of Fact attached. Item to appear on the August 8, 2011 Village Board agenda. 915 PLUM GROVE CIRCLE, CAROL LEWIS AND KAREN PSIRIS — ZONING ORDINANCE, SECTION 17.40.020, TO CONSTRUCT A SUN ROOM ADDITION THAT WOULD ENCROACH A DISTANCE OF THREE (3) FEET INTO THE REQUIRED THIRTY(30) FOOT REAR YARD SETBACK Mr. Josh Delpierre, Champion Patio Rooms, 549 W. Lake Street, Elmhurst, Illinois 60126, was present and sworn in. The public hearing notice published in the Daily Herald on June 30, 2011 was read. Mr. Delpierre explained that the Petitioners were granted a variance in 1974 to construct an addition that encroaches three (3) feet into the required setback. The proposed sun room addition would encroach the same distance as the room addition. Ch. Entman read the Letter of Authorization dated May 28, 2011 allowing Mr. Delpierre to act as an authorized agent; the Village Engineer's memorandum dated July 5, 2011 addressed to Julie Kamka which states: "I have no comments on the proposal except that to note that the addition will require the sump pump discharge to be relocated. These details should be shown on the plan."; and the ART minutes dated July 6, 2011. Ch. Entman asked Mr. Delpierre if he had seen the Village Engineer's memorandum. Mr. Delpierre stated that he has read the report. Corn. Cesario asked Mr. Sheehan if the Village has received any comments from neighbors. Mr. Sheehan stated that the Village has not received any comments. Mr. Raysa stated that the Letter of Authorization was signed by Carol Lewis but not Karen Psiris. He recommends that the Letter of Authorization be signed by both property owners. There were no additional questions or comments from the Commissioners. There were no questions or comments from the audience. Corn. Shapiro made the following motion: ZONING BOARD OF APPEALS JULY 19, 2011 PAGE 3 of 6 I move we grant the request made by Champion Patio Rooms, 549 W. Lake Street, Elmhurst, Illinois, 60126 on behalf of Carol Lewis and Karen Psiris, 915 Plum Grove Circle, for variance of Zoning Ordinance, Section 17.40.020, pertaining to Residential Districts, for the purpose of constructing a sun room addition that would encroach a distance of three (3) feet into the required thirty (30) foot rear yard setback. Pursuant to plans and specifications submitted to and approved by the Village. Materials to match the existing construction in like kind and quality. Subject to the Village Engineer's memorandum dated July 5, 2011 and the ART minutes dated July 6, 2011. The Letter of Authorization shall be signed by both Carol Lewis and Karen Psiris. The proposed sun room addition will not be detrimental to the public health, safety and welfare and will not alter that essential character of the neighborhood. Com. Au seconded the motion. Roll call Vote: AYE — Cesario, Goldstein, Windecker, Shapiro, Au, Entman NAY — None ABSTAIN — None Motion Passed 6 to 0. Findings of Fact attached. Permit may be issued in fifteen (15) days — August 4, 2011. 1001 JOHNSON DRIVE, LG ELECTRONICS - SIGN CODE, SECTIONS 14.20.020; 14.20.070 AND 14.20.080, TO REFACE THE EXISTING GROUND SIGN THAT WOULD EXCEED THE TOTAL ALLOWABLE SQUARE FOOTAGE FOR ALL SIGNS; WOULD EXCEED THE NUMBER OF IDENTIFICATION SIGNS; WOULD PROJECT INTO THE REQUIRED BUILDING SETBACK AREA; WOULD BE LOCATED LESS THAN TWO HUNDRED FIFTY FEET (250') OF AN EXISTING GROUND SIGN ON THE SAME SIDE OF THE STREET; AND INSTALLING A WALL SIGN THAT DOES NOT FACE THE PUBLIC RIGHT-OF-WAY Mr. Shaun O'Brien, Landmark Sign Group, 7424 Industrial Avenue, Chesterton, IN 46304, was present and sworn in. The public hearing notice published in the Daily Herald on June 28, 2011 was read. Mr. O'Brien explained that there are currently numerous variances granted for the existing signs. There is an existing wall sign on the west elevation of the building that they will be replacing and there is an existing ground sign that they will be refacing. The proposed ground sign face will be opaque with cut out letters and logo. Only the letters and logo will be illuminated at night. They will install landscaping around the base of the ground sign pursuant to the Sign Code requirements. Ch. Entman read the Letter of Authorization dated June 21, 2011 and the ART minutes dated July 6, 2011. The ART recommends that a landscaping plan be submitted for ZONING BOARD OF APPEALS JULY 19, 2011 PAGE 4 of 6 review and approval by the Village and to provide the hours of illumination for the `.J proposed signs. Com. Cesario asked about the proposed hours of illumination. Mr. O'Brien stated that there is no residential located in close proximity to the site and Mr.Flink would prefer to keep to signs illuminated all night. Corn.Shapiro asked about the typical visitor to the site.Mr.O'Brien stated that it would be mostly employees with the occasional vendor. Corn. Shapiro asked if the desire to leave the signs illuminated all night is for name recognition.Mr.O'Brien believes that is the case. Corn. Shapiro explained that the Village likes to have some restrictions on the hours that signs are illuminated.Mr.O'Brien stated that they will comply with whatever restrictions the Village places on the signs but would like as much recognition as they can get.Corn.Shapiro stated that he would like to see the signs turned off at 10:00 p.m. Corn.Windecker agrees that the signs should be turned off at 10:00 p.m. Mr. Raysa stated that the Letter of Authorization, Exhibit"I", is signed by Mr. Chris Flink of Zenith Electronic.He suggested making the variance subject to identifying the relationship between LG Electronics and Zenith in writing. 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 recommend to the Village Board to grant the request made by Landmark Sign Group,Inc.,7424 Industrial Avenue,Chesterton,IN 46304,on behalf of LG Electronics, 1001 Johnson Drive,for variance of Sign Code,Section 14.20.020,pertaining Office and Research District, 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 would exceed the total allowable square footage for all signs; would exceed the number of identification signs; would project into the required building setback area; would be located less than two hundred fifty feet(250')of an existing ground sign on the same side of the street;and installing a wall sign that does not face the public right-of-way. Pursuant to the Exhibits submitted with the application. Subject to a landscaping plan being submitted to and approved by the Village.The hours of illumination are limited to 6:00 a.m.to 10:00 p.m.The Petitioner shall verify in writing the relationship between LG Electronics and Zenith. Pursuant to Sign Code,Section 14.44.010,Subsection A. Corn.Shapiro seconded the motion. Roll Call Vote:AYE—Cesario,Steingold,Windecker,Shapiro,Au,Entman ZONING BOARD OF APPEALS JULY 19,2011 PAGE 5 of 6 NAY—None �.J ABSTAIN—None Motion Passed 6 to 0. Findings of Fact attached. Item to appear on the August 8, 2011 Village Board agenda. ANNOUCEMENTS None ADJOURNMENT Motion to adjourn the meeting was made by Corn. Windecker and seconded by Corn. Shapiro. Voice Vote—AYE was unanimous. Ch. Entman adjourned the meeting at 8:07 P.M. Submitted by, 1 0 Atki C--- J ie Kamka Recording Secretary L Li ZONING BOARD OF APPEALS JULY 19, 2011 PAGE 6 of 6