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2009-01-20 - Zoning Board of Appeals - Minutes 41Arka FOr REGULAR MEETING As SuAonci-Vect '4r - G k, l BUFFALO GROVE ZONING BOARD OF APPEALS JANUARY 20, 2009 Chairman Entman called the Zoning Board of Appeals regular meeting to order at 7:42 P.M. on Tuesday, January 20, 2009 in the Council Chambers of the Village Hall, 50 Raupp Boulevard. ROLL CALL Commissioners Present: Commissioner Stein Commissioner Dunn Commissioner Windecker Commissioner Lesser Commissioner Shapiro Commissioner Au Chairman Entman Commissioners Absent: None Also Present: Brian Sheehan, Deputy Building Commissioner William Raysa, Village Attorney APPROVAL OF MINUTES November 18, 2008 minutes: Corn. Windecker made a motion to approve the minutes of the Zoning Board of Appeals regular meeting held on Tuesday, November 18, 2008. Corn. Dunn seconded the motion. Roll Call Vote: AYE — Stein, Dunn, Windecker, Lesser, Shapiro, Au, Entman NAY — None AB S TAIN — None Motion Passed 7 to 0. Minutes approved as submitted. BUSINESS CHEVY CHASE BUSINESS PARK, HAMILTON PARTNERS — REVIEW OF THE STATUS OF THE EXISTING "FOR RENT, SALE OR LEASE" SIGNS AT 1001 JOHNSON DRIVE, 1098 JOHNSON DRIVE AND MILWAUKEE AVENUE AND LAKE COOK ROAD Mr. Jim Lang, Hamilton Partners, 300 Park Boulevard, Suite 300, Itasca, Illinois 60143, was present and sworn in. ZONING BOARD OF APPEALS PAGE 1 of 5 — JANUARY 20, 2009 Mr. Lang explained that due to the economy the market has been very slow. The vacancies listed on the signs are all still vacant. They also have a 12,000 square foot vacant space at 1080 Johnson Drive that they are still marketing as well. Ch. Entman confirmed that 1001 Johnson Drive is 87% occupied. Mr. Lang added that one tenant cannot use all of their space so they are trying to market the remaining space for the tenant. The bank no longer occupies their 11,000 square foot space but they are still paying rent. Mr. Lang also stated that the 1400 Lake Cook Road is significantly vacant at 20% and that other tenants are looking to get out of their leases. The building at 1080 Johnson Drive is completely vacant. Ch. Entman understands that January is a tough leasing month. He would like to revisit the buildings that are 86% occupied in the future. At this time, he would like to review the status of the signs in six (6)months. There were no additional 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 Chevy Chase Business Park, Hamilton Partners, for the "For Rent, sale or Lease" signs located at 1001 Johnson Drive, 1080- 1098 Johnson Drive and at Lake Cook Road and Milwaukee Avenue. Petitioner to appear at the July 21, 2009 Zoning Board of Appeals meeting for a status review of the signs. Corn. Dunn seconded the motion. Roll Call Vote: AYE—Stein, Dunn, Windecker, Lesser, Shapiro, Au, Entman NAY—None ABSTAIN—None Motion Passed 7 to 0. Item to appear on the July 21, 2009 Zoning Board of Appeals agenda. REPORT REGARDING THE UPDATED APPEARANCE PLAN, PRESENTED BY GHIDA NEUKIRCH, DEPUTY VILLAGE MANAGER Ms. Ghida Neukirch, Deputy Village Manager,was present. Ms. Neukirch advised that Zoning Board of Appeals that the proposed updated Appearance Plan was presented to the Village Board and approved at the January 19, 2009 meeting. She thanked the Commissioners that were involved for their support and recommendations. The updated Plan will be printed and will also be posted on the Village's website. The Village Board asked that a six (6) month status review be presented to them as well as the Plan Commission and Zoning Board of Appeals. REPORT REGARDING PROPOSED AMENDMENT TO THE REGULATIONS CONCERNING DRIVEWAY WIDTHS ZONING BOARD OF APPEALS PAGE 2 of 5 —JANUARY 20, 2009 Ms. Ghida Neukirch, Deputy Village Manager, and Mr. Brian Sheehan, Deputy Building Commissioner/Operations, were present. Ms. Neukirch reviewed the existing regulations regarding driveway and apron widths. Photographs were reviewed that showed existing non-complaint driveways. Mr. Sheehan reviewed the proposed modifications to the regulations and answered questions from the Zoning Board of Appeals. The Zoning Board of Appeals discussed whether the proposed modifications are appropriate. Ms. Neukirch advised that if the modifications are approved, the public would be notified through newsletters, Channel 6 and water bills. Com. Dunn does not feel that the materials should be limited to two (2). Com. Lesser inquired about the enforcement of non-compliant driveways and aprons. Mr. Sheehan advised that the new regulations would be enforced going forward. Com. Lesser asked if the new regulations would continue to require driveways to be a minimum of five (5) feet from the property line. Mr. Sheehan advised that they would still need to be a minimum of five(5) feet from the property line. Com. Shapiro asked if there is a way to enforce the non-compliant driveways. He also would like to see uniformity at both the top and bottom of the driveway by not allowing the top to be wider than the bottom. Corn. Windecker asked if the non-compliant driveways that are unkempt are being required to maintain them. Mr. Sheehan responded that the Village currently is not unless it is a property maintenance or safety issue. Corn. Windecker believes that the regulations should have been enforced earlier. Ms. Neukirch advised that there are over 9,000 single family homes in Buffalo Grove. The Village does not have the manpower to inventory and enforce the current non-compliant driveways. The Village is sensitive to the current economic impact on the residents. They have software that will help to enforce the new regulations. Corn. Au asked if the regulations for one (1) and two (2) car garages will be separated. Mr. Sheehan advised that currently one (1) and two (2) car garages are not separated. Corn. Au believes that one(1)car garages should be left at a maximum width of eighteen(18) feet. Corn. Lesser asked if changes would regulate what can and cannot be parked in driveways. He does not want to see commercial vehicles, boats and things of that nature popping up all over town. Mr. Sheehan stated that commercial and recreational vehicles are regulated by a different section in the Zoning Ordinance that is not being changed. Com. Lesser asked if the initiative is to loosen up street parking. Mr. Sheehan advised that street parking is a Police Department issue. ZONING BOARD OF APPEALS PAGE 3 of 5 —JANUARY 20,2009 Ch. Entman would like to see the current non-compliant driveways be required to comply. Mr. Sheehan will look into that. There were no additional questions or comments. Ms. Neukirch thanked the Zoning Board of Appeals for their comments. DISCUSSION CONCERNING CRITERIA FOR VARIATION The Commissioners discussed with the Village Attorney, William Raysa, a possible amendment to the Fence Code criteria for variation. Mr. Raysa will draft some language for review by the Zoning Board of Appeals at the next regular meeting. 37 E. DUNDEE ROAD, LITTLE CAESERS — DEVIATION TO THE CAMBRIDGE COMMONS SHOPPING CENTER SIGN CRITERIA TO ALLOW THE COLOR ORANGE There was no one present on behalf of Little Casers. The Zoning Board of Appeals reviewed the request. Ch. Entman does not have an issue with the color. It is the national brand color. There were no additional questions or comments from the Commissioners. There were no questions or comments from the audience. Commissioner Windecker made the following motion: I move we grant the request made by Little Caesers, 37 E. Dundee Road, to allow a deviation to the Cambridge Commons Shopping Center Sign Criteria to allow the corporate color orange on the wall sign pursuant to the Exhibits submitted with the request. Com. Stein seconded the motion. Roll Call Vote: AYE—Stein, Windecker, Lesser, Shapiro, Au, Entman NAY—Dunn ABSTAIN—None Motion Passed 6 to 1. Request approved. ANNOUNCEMENTS None. ADJOURNMENT Motion to adjourn the meeting was made by Com. Lesser and seconded by Com. Windecker. Voice Vote—AYE was unanimous. ZONING BOARD OF APPEALS PAGE 4 of 5 —JANUARY 20, 2009 Ch. Entman adjourned the meeting at 9:15 P.M. Submitted by, 61 _ J e Kamka Recording Secretary ZONING BOARD OF APPEALS PAGE 5 of 5 —JANUARY 20, 2009