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2011-12-20 - Zoning Board of Appeals - Minutes AINRowEB As suisenircc,b tip-ilia REGULAR MEETING `.d BUFFALO GROVE ZONING BOARD OF APPEALS DECEMBER 20, 2011 Acting Chairman Windecker called the Zoning Board of Appeals regular meeting to order at 7:33 P.M. on Tuesday, December 20, 2011 in the Council Chambers of the Village Hall, 50 Raupp Boulevard. ROLL CALL Commissioners Present: Commissioner Cesario Commissioner Windecker Commissioner Lesser Commissioner Au Commissioners Absent: Commissioner Steingold Commissioner Shapiro Chairman Entman Also Present: William Raysa,Village Attorney Brian Sheehan, Deputy Building Commissioner Carol Berman, Deputy Building Commissioner Ghida Neukirch, Deputy Village Manager Robert Pfeil,Village Planner Commissioner Steingold arrived at 7:42 p.m. APPROVAL OF MINUTES November 15, 2011 minutes: Acting Ch. Windecker advised that there are not enough Commissioners present to approve the minutes of the November 15, 2011 Zoning Board of Appeals regular meeting. Corn. Lesser made a motion to Table the minutes of the Zoning Board of Appeals regular meeting held on Tuesday, November 15, 2011. Com. Au seconded the motion. Roll Call Vote: AYE—Cesario, Windecker, Lesser,Au NAY—None ABSTAIN —None ZONING BOARD OF APPEALS DECEMBER 20, 2011 PAGE 1 of 8 Motion Passed 4 to 0. Minutes Tabled to the January 17, 2012 Zoning Board of Appeals !.../ regular meeting. OLD BUSINESS 1205-1211 W. DUNDEE ROAD, AETNA DEVELOPMENT — SIGN CODE, SECTIONS 14.20.030 and 14.20.070, FOR THE PURPOSE OF ALLOWING TWO (2) ADDITIONAL GROUND SIGNS ON THE PROPERTY: ONE (1) GROUND SIGN TO BE LOCATED ALONG DUNDEE ROAD WITHIN TWO HUNDRED FIFTY (250) FEET OF AN EXISTING GROUND SIGN LOCATED ON THE SAME SIDE OF THE STREET AND THE SECOND GROUND SIGN TO BE LOCATED ALONG ARLINGTON HEIGHTS ROAD THAT WOULD BE LOCATED WITHIN TWO HUNDRED FIFTY (250) FEET OF THE GROUND SIGN ALONG DUNDEE ROAD FOR 1205-1211 W. DUNDEE ROAD Acting Ch. Windecker read the email submitted by David Mangurten addressed to Brian Sheehan dated December 6, 2011 which states: "Brian, On behalf of Aetna Development Corp. we would like our case before the ZBA, associated with a ground sign variance, be tabled from December 20, 2011 to the following month." There were no questions or comments from the Commissioners. There were no questions or comments from the audience. Com. Lesser made a motion to Table the request made by Aetna Development Corporation, for variation of Sign Code, Sections 14.20.030 and 14.20.070, for the purpose of allowing two (2) additional ground signs on the property: one (1) ground sign to be located along Dundee Road within two hundred fifty (250) feet of an existing ground sign located on the same side of the street and the second ground sign to be located along Arlington Heights Road that would be located within two hundred fifty (250)feet of the ground sign along Dundee Road for 1205-1211 W. Dundee Road. Corn. Cesario seconded the motion. Roll Call Vote: AYE—Cesario, Windecker, Lesser, Au NAY—None ABSTAIN—None Motion Passed 4 to 0. Item Tabled to the January 17, 2012 Zoning Board of Appeals agenda. NEW BUSINESS 600 BUFFALO GROVE ROAD, INDECK ENERGY SERVICES - REVIEW OF STATUS OF THE EXISTING "FOR RENT, SALE, LEASE" SIGN ./ ZONING BOARD OF APPEALS DECEMBER 20, 2011 PAGE 2 of 8 Mr. Richard McCarty, Imperial Realty Company, 4747 W. Peterson Avenue, Chicago, Illinois 60646, was present and sworn in. Mr. McCarty explained that he is requesting to allow the leasing sign located 600 Buffalo Grove Road to remain. The most important marketing tool any commercial real estate company has when trying to lease office space is to have a leasing sign on the property. There were no questions or comments from the Commissioners. There were no questions or comments from the audience. Com. Au made a motion to grant a six (6) month extension for Indeck Energy Services, for the "For Rent, Sale or Lease" sign located at 600 Buffalo Grove Road. Petitioner to appear at the June 19, 2012 Zoning Board of Appeals meeting for a status review of the sign. Corn. Cesario seconded the motion. Roll Call Vote: AYE—Cesario, Windecker, Lesser, Au NAY—None ABSTAIN—None Motion Passed 4 to 0. Item to appear on the June 19, 2012 Zoning Board of Appeals agenda. 192 DOWNING ROAD, PETER AND CAROL DAMIANO - ZONING ORDINANCE, SECTION 17.32.020, FOR THE PURPOSE OF ALLOWING A NATURAL GAS GENERATOR TO ENCROACH A DISTANCE OF APPROXIMATELY TWO AND A HALF (2-1/2) FEET INTO THE REQUIRED SIX (6) FOOT NINE AND ONE-EIGHTH (9-1/8) INCHES WEST SIDE YARD SETBACK Mr. Peter Damiano, 192 Downing Road, was present and sworn in. The public hearing notice published in the Daily Herald on December 1, 2011 was read. Mr. Damiano explained that the request is being made to allow a back up generator to be installed on his property. He and his wife care for his ninety five (95) year old father in law and his disabled daughter. The generator will allow him to handles problems associated with power outages. He currently has the generator at his place of business but has not used it. He wanted to install at his home. Acting Ch. Windecker asked Mr. Damiano if he has spoken with this neighbor to the west that would be directly affected by the generator. Mr. Damiano stated that he has ZONING BOARD OF APPEALS DECEMBER 20, 2011 PAGE 3 of 8 spoken to his neighbor and his neighbor does not have any issues. He has offered to provide an extension cord to his neighbor from the generator if the power goes out. Corn. Cesario stated that the letter of hardship submitted with the application states that there is an issue with the property line. He asked what that meant. Mr. Damiano explained that the issue is the proposed location of the generator and how close it would be to the property line. Com. Lesser asked if Mr. Damiano has used the generator and if it is noisy. Mr. Damiano stated that the generator makes a noise similar to a lawn mower. Corn. Lesser confirmed that the generator would be run on natural gas. He advised Mr. Damiano to secure the proper permits before installing the generator. Corn. Steingold arrived at 7:42 p.m. Corn. Cesario read the Village Engineer's memorandum addressed to Brian Sheehan dated December 6, 2011 which states: "1 have no comments on the proposal." There were no 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 Peter and Carol Damiano, 192 Downing Road, for variance of Zoning Ordinance, Section 17.32.020, pertaining to Accessory Buildings and Structures, for the purpose of allowing a natural gas generator to encroach a distance of approximately two and a half (2-1/2) feet into the required six (6) foot nine and one- eighth (9-1/8) inches west side yard setback. Subject to the Village Engineer's memorandum dated December 6, 2011. Pursuant to plans and specifications submitted to and approved by the Village. The Petitioner has demonstrated hardship and unique circumstances. The proposed generator will not be detrimental to the public health, safety and welfare and will not alter the essential character of the neighborhood. Corn. Au seconded the motion. Roll Call Vote: AYE—Cesario, Windecker, Lesser,Au NAY—None ABSTAIN —Steingold Motion Passed 4 to 0, 1 Abstention. Findings of Fact attached. Permit may be issued in fifteen (15) days—January 5, 2012. ZONING BOARD OF APPEALS DECEMBER 20, 2011 PAGE 4 of 8 130 PINYON PINE COURT NORTH, MITCHELL AND CAROL SEXNER - ZONING ORDINANCE, SECTION 17.40.020 — FOR THE PURPOSE OF CONSTRUCTING AN ATTACHED GARAGE ADDITION THAT WOULD ENCROACH A DISTANCE OF TWO FEET FOUR INCHES(2'4") INTO THE REQUIRED NINE(9) FOOT SIDE YARD SETBACK Mr. Mitchell Sexner, 130 Pinyon Pine Court North, and Mr. Kevin Kazimer, 18 Executive Court South, South Barrington, Illinois 60010, were present and sworn in. The public hearing notice published in the Daily Herald on December 1, 2011 was read. Mr. Kazimer explained that the property is located in the R2 District which requires a minimum lot size of 15,000 square feet and a lot width of ninety (90) feet at the building line. This lot exceeds the minimum square footage requirements, but due to the curve of the front property line,the lot width is calculated differently. The front yard setback is at sixty (60)feet instead of the thirty(30)feet that most of the others home have. This rule creates a nine (9) foot side yard setback on the west. He can understand this unique calculation because it is a cul de sac lot. The original home had to be set back further on the property and the setback reduced the original garage width by one (1) foot. The Sexner's would like to construct an addition on the existing attached garage. The addition would be five (5) feet in width. This would allow them to eliminate the storage of items on the outside of the home as well as creating aisle space in the garage. The house located to the north also has the unique flaring of the lot on both sides. Acting Ch. Windecker asked Mr. Sexner if he has spoken to his neighbor concerning the proposed addition. Mr. Sexner stated that he spoken to his neighbor and there were no concerns. Acting Ch. Windecker confirmed with Mr. Sexner that no modifications would be made to the front of the home. Corn. Cesario read the Village Engineers' memorandum addressed to Brian Sheehan dated December 8, 2011 which states: "I have no comments on the proposal." Corn. Cesario also read the Appearance Review Team (ART) minutes dated December 6, 2011 into the record. There were no additional questions or comments from the Commissioners. There were no questions or comments from the audience. Corn. Cesario made the following motion: I move we grant the request made by Mitchell and Carol Sexner, 130 Pinyon Pine Court North, for variance of Zoning Ordinance, Section 17.40.020, pertaining to Area Height, Bulk and Placement Regulations, for the purpose of constructing an attached garage addition that would encroach a distance of two feet four inches (2'4") into the required nine foot (9') side yard setback. ZONING BOARD OF APPEALS DECEMBER 20, 2011 PAGE 5 of 8 Subject to the Village Engineer's memorandum dated December 8, 2011 and the Appearance Review Team (ART) minutes dated December 6, 2011. Pursuant to plans and specifications submitted to and approved by the Village. Materials to match the existing construction in like kind and quality. The Petitioner has demonstrated hardship and unique circumstances. The proposed addition will not be detrimental to the public health, safety and welfare and will not alter the essential character of the neighborhood. Com. Lesser seconded to motion. Roll Call Vote: AYE—Cesario, Steingold, Windecker, Lesser,Au NAY—None ABSTAIN—None Motion Passed 5 to 0. Findings of Fact attached. Permit may be issued in fifteen (15) days—January 5, 2012. 1190 MCHENRY ROAD, BMO HARRIS BANK - SIGN CODE, SECTIONS 14.20.030 AND 14.20.070, FOR THE PURPOSE OF REFACING THE EXISTING GROUND SIGN THAT IS LOCATED CLOSER TO THE PROPERTY LINE THAN PERMITTED Diana Roberts, Icon Identity Solutions, 1418 Elmhurst Road, Elk Grove Village, Illinois, 60007, was present and sworn in. The public hearing notice published in the Daily Herald on December 1, 2011 was read. Ms. Roberts explained they are looking to replace the existing signs at this location with new BMO Harris Bank signs. The existing ground sign and the proposed ground sign both exceed the setback requirement. They need the proposed ground sign to increase visibility. A smaller ground sign would not be as visible. The only other sign on the property is a wall sign that faces Arlington Heights Road. Acting Ch. Windecker read the letter of authorization from BMO Harris Bank into the record. Act. Ch. Windecker also read the Appearance Review Team (ART) minutes of December 6, 2011 into the record. He noted that the concerns noted in the ART minutes were addressed with a revised Exhibit E-1 that was submitted which reduces the height of the ground sign to fifteen (15) feet. He asked about the illumination of the proposed ground sign. Ms. Roberts explained that the sign would be on a photocell but they would work with any time restrictions. Acting Ch. Windecker stated that he would prefer that the sign turn off at 11:00 p.m. Com. Cesario agrees with Acting Ch. Windecker regarding the time restrictions for illumination. He also noted that the sign was reduced in height as requested by the ART. ZONING BOARD OF APPEALS DECEMBER 20, 2011 PAGE 6 of 8 Corn. Lesser also agrees with the proposed illumination restriction of 11:00 p.m. However, the new proposed ground sign is still taller than the existing ground sign. He believes that the bank has tremendous visibility at this location. He would not support a sign that is taller than the existing ground sign. Ms. Roberts asked if he would support a fourteen (14) foot high ground sign. Corn. Lesser stated that would be amenable to a fourteen (14)foot high sign. Acting Ch. Windecker agrees with Com. Lesser concerning the height of the proposed ground sign. Ms. Roberts stated that she would agree to reduce the height of the proposed ground sign to fourteen (14)feet. Corn. Steingold stated that if the height of the ground sign is reduced the overall dimensions of the sign would change as well. He asked Ms. Roberts if she knew what the new dimensions would be for a fourteen (14)foot high sign. Ms. Roberts stated that she did not have those dimensions available but they could reduce the sign proportionately with the reduced height. BMO Harris may only want to reduce the height but they could reduce the size overall. Corn. Lesser stated that it would a minimal reduction in the overall square footage. He recommends adding a stipulation that the total sign area does not exceed forty five (45) square feet. There were no additional questions or comments from the Commissioners. There were no questions or comments from the audience. Deputy Building Commissioner Sheehan requested that the Petitioner provide a revised drawing depicting the sign with the corrected dimensions reflecting the amended request prior to being placed on the Village Board agenda. Corn. Lesser made the following motion: I move we recommend to the Village Board to grant the amended request made by Icon Identity Solutions, 1418 Elmhurst Road, Elk Grove Village, Illinois 60007 on behalf of BMO Harris Bank, 1190 McHenry Road, for variance of Sign Code, Section 14.20.030, pertaining to Business Districts; and Section 14.20.070, pertaining to Ground Signs, for the purpose of replacing the existing ground sign that is located closer to the property line than permitted pursuant to Revised Exhibit E-1 Sign 1 OPT. B. Subject to the Appearance Review Team (ART) minutes dated December 6, 2011. The sign shall be no greater than fourteen (14) feet in height. The sign area shall be no greater than forty five (45) square feet. The hours of illumination are limited to no later than 11:00 p.m. Pursuant to Sign Code,Section 14.44.010,Subsection B. ZONING BOARD OF APPEALS DECEMBER 20, 2011 PAGE 7 of 8 Corn. Cesario seconded the motion. Roll Call Vote: AYE — Cesario, Steingold, Windecker, Lesser, Au NAY — None ABSTAIN — None Motion Passed 5 to 0. Findings of Fact attached. Item to appear on the January 9, 2012 Village Board agenda if the Petitioner is able to provide the requested documents in time, otherwise it will be placed on a future agenda. REVIEW OF PROPOSED SIGN CODE REVISIONS The Zoning Board of Appeals (ZBA) and staff convened in the Emergency Operations Center (EOC) conference room to discuss the proposed Sign Code revisions. The recommendations made by the ZBA will be reviewed by staff. The proposed Sign Code revisions will be presented to the Plan Commission at the January 4, 2012 Plan Commission meeting. Staff will again present the proposed Sign Code revisions to the ZBA at the February 21, 2012 ZBA meeting and would like to recommendation to the Village Board to accept the revisions. ANNOUCEMENTS There were no announcements. ADJOURNMENT Motion to adjourn the meeting was made by Corn. Lesser and seconded by Corn. Au. Voice Vote — AYE was unanimous. Acting Ch. Windecker adjourned the meeting at 9:22 P.M. Submitted by, Ju e Kamka Recording Secretary ZONING BOARD OF APPEALS DECEMBER 20, 2011 PAGE 8 of 8