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2011-09-20 - Zoning Board of Appeals - Minutes Approm ks 5�1�5�1t1t�� to/1s/11 REGULAR MEETING BUFFALO GROVE ZONING BOARD OF APPEALS SEPTEMBER 20, 2011 Acting Chairman Windecker called the Zoning Board of Appeals regular meeting to order at 7:30 P.M. on Tuesday, September 20, 2011 in the Council Chambers of the Village Hall, 50 Raupp Boulevard. ROLL CALL Commissioners Present: Commissioner Cesario Commissioner Steingold Commissioner Windecker Commissioner Lesser Commissioner Shapiro Commissioners Absent: Chairman Entman Commissioner Au Also Present: Brian Sheehan, Deputy Building Commissioner Eric Yehl, Village Attorney Trustee Steve Trilling APPROVAL OF MINUTES August 16, 2011 minutes: Corn. Shapiro made a motion to approve the minutes of the Zoning Board of Appeals regular meeting held on Tuesday, August 16, 2011. Corn. Steingold seconded the motion. Roll Call Vote: AYE - Steingold, Windecker, Shapiro NAY - None ABSTAIN - Cesario, Lesser Motion Passed 3 to 0, 2 Abstentions. Minutes approved as submitted. Acting Ch. Windecker advised that OLD BUSINESS would be deferred until after NEW BUSINESS. NEW BUSINESS Mr. Tom Holland, The Holland Design Group, 1090 Brown Street, Wauconda, Illinois 60084, was present and sworn in. ZONING BOARD OF APPEALS SEPTEMBER 20, 2011 PAGE 1of9 Mr. Holland explained that he has spoken with Ms. Debbie Nissen, Berkson and Sons, `./ was not able to attend this meeting. A list tenant vacancies was submitted for this review. Since the last ZBA meeting,he has been to property four (4) or five (5) times to remove tenants from the directory. There have not been any new tenants added. They are requesting to allow the sign to remain for another six (6) months. There were no questions or comments from the Commissioners. There were no questions or comments from the audience. Corn. Lesser made a motion to grant a six (6) month extension for Atrium Realty I, LLC, for the "For Rent, Sale or Lease" sign located at 251 Milwaukee Avenue. Petitioner to appear at the March 20, 2012 Zoning Board of Appeals meeting for a status review of the sign. Corn. Cesario seconded the motion. Roll Call Vote:AYE- Cesario, Steingold, Lesser,Shapiro,Windecker NAY- None ABSTAIN - None Motion Passed 5 to 0. Item to appear on the March 20, 2012 Zoning Board of Appeals agenda. 2933 WHISPERING OAKS DRIVE, DARRYL JACOBS - FENCE CODE, SECTION 15.20.040, FOR THE PURPOSE OF CONSTRUCTING AN EIGHT (8) FOOT SOLID WOOD FENCE ALONG THE REAR PROPERTY LINE ADJACENT TO BUFFALO -/ GROVE ROAD Mr. Darryl Jacobs, 2933 Whispering Oaks Drive, was present and sworn in. The public hearing notice published in the Daily Herald on September 2, 2011 was read. Mr. Jacobs explained that he would like to put in a fence that is similar to the fences that are along Buffalo Grove Road north of where Port Clinton Road splits off. As traffic has increased along Buffalo Grove Road there has been an increase in the level of noise and issues along the road. His property is the property that abuts Port Clinton Road as it goes off the west into Long Grove. Because of the way the road comes down, Port Clinton Road is substantially higher at that point. The yard is below the road and even with the current fence the lights from cars shine into all the windows on the home including the kitchen in the back of the house. His neighbors at 2927 Whispering Oaks Drive are not able to be at the meeting.They had written a letter to support the request and based on the outcome of this request,he would like to do the same. Then the entire northeast section along Buffalo Grove Road would have a similar fence. The number of vehicles driving along this part of the road has become a nuisance. He believes that the area to the north had similar issues and eight(8) foot fences were authorized. Acting Ch. Windecker stated that currently there is a five (5) foot fence along the rear. There are also brick pillars in between the fencing along that section of the ZONING BOARD OF APPEALS SEPTEMBER 20, 2011 PAGE 2 of 9 subdivision. He does not believe that to increase the fence to eight (8) feet would be aesthetically pleasing. He also believes that more neighbors would need to request an eight (8) foot fence to make that area look presentable rather than having sections that are eight (8) feet and the remaining five (5) feet. He would not support the request for an eight(8) foot fence.The residents to north did come to the Zoning Board of Appeals (ZBA) and request eight (8) foot fences. The one (1) resident that wanted the increase the most has not yet replaced his fence with the higher fence. Maybe the vehicles lights do not affect his home. Mr. Jacobs stated that the only homes that the lights affect would be himself and the house immediately to his east. The Ordinance allows him to put up a six (6) foot fence without a variance. At a minimum he will put up a six (6) foot fence and it will not match the rest of the fencing along Buffalo Grove Road. His neighbor will also do the same because the traffic issues have become an extreme nuisance. Com. Lesser stated that the ZBA has seen similar requests before. He can appreciate the Petitioner not wanting the headlights of cars shining into the home and backyard. There are other alternatives available to screen and prevent that from happening. He would not be supportive of an eight (8) foot fence. The Petitioner has the ability to install a six (6) foot fence, or install landscaping that rises above a six (6) foot height that will screen incoming lights. He does not see the unique circumstances and hardship that are necessary for the ZBA to grant t variance. `/ Com. Shapiro agrees that an eight (8) foot fence would be inappropriate along that section of Buffalo Grove Road. The circumstances of the other homes to the north were the homes themselves were much closer to the road. The yards in this portion of the Village are very deep and he does not believe that this is the same issue as the other homeowners faced. The Petitioner does have the option to construct a six (6) foot fence. He believes that an eight (8) foot fence would be outside the character of the neighborhood. Just to the south of the Petitioner are wrought iron fences and he does not believe that the noise would be any different for them or in that area. Com. Cesario stated that the Village had wrestled with the fence height issue for quite some time. Earlier this year the Village approved allowing fences to a height of six (6) feet. The Village wanted to standardize fencing to some degree. There are choices, there is a six (6) foot fence, there is landscaping, there are other ways that this issue could be addressed. Acting Ch.Windecker advised the Petitioner that he could ask the ZBA to vote on the request as proposed, amend his request based on comments of the Commissioners, or withdraw his request. Mr.Jacobs stated that he will withdraw his request. There were no additional questions or comments from the Commissioners. There were no questions or comments from the audience. The variation request has been withdrawn. ZONING BOARD OF APPEALS SEPTEMBER 20, 2011 PAGE 3 of 9 33 CANTERBURY LANE, IRWIN AND ADRIANNE BERMAN - ZONING ORDINANCE, SECTION 17.40.020, FOR THE PURPOSE OF CONSTRUCTING A SUNROOM ADDITION THAT WOULD ENCROACH A DISTANCE OF TEN (10) FEET INTO THE REQUIRED THIRTY(30) FOOT REAR YARD SETBACK Mr. Irwin Berman and Mrs. Adrianne Berman, 33 Canterbury Lane, were present and sworn in. The public hearing notice published in the Daily Herald on September 2, 2011 was read. Mr. Berman explained that they desire to construct a twelve (12) foot by twelve (12) foot sunroom in the rear of the home. The home is approximately thirty six (36) feet from the rear property line. The size of the proposed sunroom would encroach ten (10) feet into the setback. The property directly to the rear is setback much further than theirs. Acting Ch. Windecker asked if the proposed sunroom would be heated. Mr. Berman stated that the sunroom would not be heated. Acting Ch. Windecker read the Village Engineer's memorandum addressed to Brain Sheehan dated September 2, 2011 which states: "I have no comments on the proposal." Acting Ch. Windecker also read the Appearance Review Team (ART) minutes dated September 2, 2011. Mr. Berman stated that they would be removing their existing deck that is seventeen (17) feet by twenty one (21) feet. The sunroom would occupy a portion of that area and they will be adding a nine (9) foot by twelve (12) foot concrete patio. Com. Lesser confirmed that the proposed sunroom addition will have no heat or air conditioning. It will be a three-season room. He asked if the sunroom would be constructed on a slab. Mr. Berman stated that the room will be on a slab with a trench foundation. They do not have a basement.The room will be on the same level as the main house. Corn. Lesser confirmed with Mr. Berman that the materials will match the existing construction. There were additional questions or comments from the Commissioners. There were no questions or comments from the audience. Corn. Lesser made the following motion: I move we grant the request made by Champion Patio Rooms, 549 W. Lake Street, Elmhurst, Illinois 60126 on behalf of Irwin and Adrianne Berman, 33 Canterbury Lane, for variance of Zoning Ordinance, Section 17.40.020, pertaining to Area, ZONING BOARD OF APPEALS SEPTEMBER 20, 2011 PAGE 4 of 9 Height, Bulk and Placement Regulations, for the purpose of constructing a sunroom addition that would encroach a distance of ten (10) feet into the required thirty(30) foot rear yard setback as depicted in Exhibits"El" and"E2". Pursuant to plans and specifications submitted to and approved by the Village. Subject to the Village Engineer's memorandum dated September 2, 2011 and the ART minutes dated September 2, 2011. Materials to match the existing construction in like kind and quality. The Petitioner has demonstrated hardship and unique circumstances. The proposed sunroom addition will not be detrimental to the public health, safety and welfare and will not alter the essential character of the neighborhood. Com. Shapiro seconded the motion. Roll Call Vote:AYE- Cesario, Steingold, Lesser,Shapiro,Windecker NAY- None ABSTAIN -None Motion Passed 5 to 0. Findings of Fact attached. Permit may be issued in fifteen (15) days-October 6, 2011. 861 SAXON PLACE, MITCHELL SMALLER - FENCE CODE, SECTION 15.20.040, FOR THE PURPOSE OF INSTALLING A WOOD FENCE THAT RANGES IN HEIGHT FROM FIVE (5) FEET TO FIVE (5) FEET FIVE (5) INCHES AND WOULD EXTEND TWENTY FIVE (25) FEET PAST THE BUILDING SETBACK LINE ALONG DUNDEE ROAD Ms. Breena Smaller, 1779 Shoshonee Trail, Wheeling, Illinois 60090, mother of Mitchell Smaller, was present and sworn in. The public hearing notice published in the Daily Herald on September 2, 2011 was read. Ms. Smaller explained that Mitchell Smaller purchased the home three (3) to four (4) years prior. He is located on a corner lot at Dundee Road and Saxon Place. The fence that existed at that time was located just before the sidewalk the side closer to the house. In the fall of 2010 there was a storm that blew down the fence. Prior to the storm, the fence was old and needed repair. He went to Village to obtain a permit to replace the fence and was advised that he could not replace the fence in the same location without obtaining a variance. The previous fence had been up in that location for fifteen (15) years. He did relocate the fence to comply with the Fence Code. He does have a small child and a dog. He would like the fence to be located in the original location when he purchased the home. When he purchased the fence he had it cut down to five (5) feet but the posts are a few inches higher than the fence. The fence looks pretty even across the top. There were no issues or complainants in the fifteen (15)years that the fence was there. ZONING BOARD OF APPEALS SEPTEMBER 20, 2011 PAGE 5 of 9 Acting Ch.Windecker stated that normally he would not be in favor of extending the `./ fence but the property is along Dundee Road and there are bushes in the front of the yard running from the corner to the end of the property. The fence would not be seen if it were extended. He does know that the fence existed previously because he saw it when it blew down. He has no objection. Com. Cesario asked Mr. Sheehan if there were any comments received from neighboring property owners. Mr. Sheehan stated that he has not received any comments. He also added that as far as the five (5) foot to five (5) foot five (5) inch height fluxation,that has more to do with the terrain than with the fence itself. 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: I move we grant the request made by Mitchell Smaller, 861 Saxon Place, for variance of Fence Code, Section 15.20.040, pertaining to Residential Districts, for the purpose of installing a wood fence that ranges in height from five (5) feet to five (5) feet five (5) inches and would extend twenty five (25) feet past the building setback line along Dundee Road. Pursuant to Exhibit "A" submitted with the application. Subject to the Village Engineer's memorandum dated September 2, 2011. 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. Lesser seconded the motion: Roll Call Vote: AYE- Cesario, Steingold, Lesser,Shapiro,Windecker NAY- None ABSTAIN - None Motion Passed 5 to 0. Findings of Fact attached. Permit may be issued in fifteen (15) days- October 6, 2011. OLD BUSINESS 1691-1697 WEILAND ROAD, BG CAR WASH MANAGEMENT, LLC - SIGN CODE, SECTIONS 14.20.030 AND 14.20.080, FOR THE PURPOSE OF ALLOWING A SECOND WALL SIGN FOR EACH TENANT IN THE BUILDING LOCATED AT 1691- 1697 WEILAND ROAD IN CONJUNCTION WITH THE PROPOSED UNIFORM SIGN PACKAGE ZONING BOARD OF APPEALS SEPTEMBER 20, 2011 PAGE 6 of 9 Mr. John Imreibe, BG Car Wash Management, 2711 Mannheim Road, Des Plaines, `./ Illinois 60018 and Mr. David Wytmar, Groundwork, Ltd, 351 W. Dundee Road, Buffalo Grove, Illinois 60089, were present and sworn in. Acting Ch. Windecker read the email submitted by Bruce Entman, Chairman of the ZBA, dated September 20, 2011 into the record. Mr.Wytmar stated that they have spent numerous meeting with Village staff and the ART going through the proposal. Since that time they have submitted to the ART considerations and commentary on all the items that were discussed.At the last ART meeting Commissioner Windecker and Trustee Trilling were present. They addressed all the issues. The latest ART minutes show what was discussed and they did get a positive recommendation from the ART that the signage is necessary and appropriate in this specific location and that the location is unique in the Village. Com. Lesser stated that he read the ZBA minutes and the ART minutes. He understands the need for signage on the west elevation and he does agree with some of Ch. Entman's comments concerning the idea of a centrally located sign with changeable sign panels for the west elevation. That type of sign would be helpful to the owner as a landlord in operating that building because constantly mounted and removing signs as tenants change the damage to the building facade becomes visible and an eyesore. As for the east elevation, he believes that the Petitioner needs to accomplish in some minor way identify where tenants are located. It is a small center and it is very easy to identify where each tenant is located. He feels that the proposed east elevation signs are unnecessary. It is an industrial area to the east. Com. Cesario asked the Petitioner to clarify specifically what they are asking the ZBA to do. Mr. Wytmar stated that they are requesting a variance to allow a second sign on the east elevation of the building. Currently three (3) of the tenant are allowed one (1) wall sign and one (1) tenant is allowed two (2) wall signs pursuant to the Sign Code. They are looking to limit the size of the sign and restrict the sign to only the east and west elevations of the building and to allow tenants to have a second sign, one (1) on the east and one (1) on the west. Com. Cesario asked about the hours of illumination for the signs. Mr. Wytmar stated that the signs would be illuminated until 10:00 p.m. or until the business closes. This way, if there is a pizza place that stayed open until 11:00 p.m. they could have an illuminated sign while they are open. Com. Cesario asked if the color scheme is consistent with the recommendation of the ART. Mr. Wytmar replied that it is consistent with the recommendation. Acting Ch. Windecker stated that he believes at the final ART meeting they spent a lot of time discussing every line with a fine tooth comb and came up with the final presentation that is before the ZBA tonight. This proposal was agreeable to the ART. He believes a lot of time was spent going over the proposal. He believes that if the ZONING BOARD OF APPEALS SEPTEMBER 20, 2011 PAGE 7 of 9 proposed signs help people locate an entrance with the way the building is laid out `./ he is amenable. Corn. Shapiro stated that at the last ZBA meeting he did not feel the need for the second wall signs on the east elevation. This property is unique and with the entrances facing east it is on the side of the building that does not face the roadway. The east elevation signs would not be detrimental to any neighborhood or any portion of the Village except for the railroad tracks. He is willing to support the request based on the unique circumstances. 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 concerning the proposed Uniform Sign Package for 1691-1697 Weiland Road: I move we grant the request to approve the Uniform Sign Package for 1691-1697 Weiland Road dated September 2, 2011 and recommended by the ART minutes dated September 2, 2011. Corn. Cesario seconded the motion. Roll Call Vote:AYE- Cesario,Steingold, Lesser,Shapiro,Windecker NAY- None ABSTAIN -None Motion Passed 5 to 0. Corn. Shapiro made the following motion concerning the Sign Code variation request for 1691-1697 Weiland Road: I move we recommend to the Village Board to grant the request made by BG Car Wash Management, LLC, 1701 Weiland 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 a second wall sign for each tenant in the building located at 1691-1697 Weiland Road in conjunction with the Uniform Sign Package. Subject to the ART minutes dated September 2, 2011. Pursuant to Sign Code, Section 14.44.010,Sub-section A. Com. Lesser seconded the motion. Roll Call Vote: AYE-Cesario, Steingold, Lesser,Shapiro,Windecker NAY-None ZONING BOARD OF APPEALS SEPTEMBER 20, 2011 PAGE 8 of 9 ABSTAIN -None Motion Passed 5 to 0. Item to appear on the October 17, 2011 Village Board agenda. ANNOUCEMENTS None ADJOURNMENT Motion to adjourn the meeting was made by Corn. Lesser and seconded by Com. Shapiro.Voice Vote-AYE was unanimous. Acting Ch.Windecker adjourned the meeting at 8:20 P.M. Submitted by, /4611 - Yi Ju a Kamka Recording Secretary ZONING BOARD OF APPEALS SEPTEMBER 20, 2011 PAGE 9 of 9