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2009-04-21 - Zoning Board of Appeals - Minutes D 0 WE) REGULAR MEETING AS swain rTTFb 5h4/o7 BUFFALO GROVE ZONING BOARD OF APPEALS APRIL 21, 2009 Chairman Entman called the Zoning Board of Appeals regular meeting to order at 7:31 P.M. on Tuesday, April 21, 2009 in the Council Chambers of the Village Hall, 50 Raupp Boulevard. ROLL CALL Commissioners Present: Commissioner Stein Commissioner Windecker Commissioner Lesser Commissioner Shapiro Chairman Entman Commissioners Absent: Commissioner Dunn Commissioner Au (Arrived Late) Also Present: Brian Sheehan, Deputy Building Commissioner William Raysa, Village Attorney APPROVAL OF MINUTES Approval of the minutes were deferred until the end of the meeting. BUSINESS Commissioner Au arrived at 7:32 P.M. 195 W. DUNDEE ROAD, DENGEO'S RESTAURANT — ZONING ORDINANCE, SECTION 17.44.020, TO CONSTRUCT FOUR (4) STONE COLUMNS ON THE FRONT OF THE BUILDING: TWO (2) STONE COLUMNS WOULD ENCROACH A DISTANCE OF EIGHT (8) INCHES INTO THE REQUIRED TWENTY-FIVE (25) FOOT FRONT YARD SETBACK AND TWO (2) COLUMNS WOULD ENCROACH A DISTANCE OF TWELVE (12) INCHES INTO THE REQUIRED TWENTY-FIVE (25) FOOT FRONT YARD SETBACK; AND SIGN CODE, SECTION 14.40.125 — FOR THE PURPOSE OF INSTALLING A ROOF SIGN ON THE NORTH ELEVATION OF THE BUILDING. Mr. Louis Atsaves, Dengeo's, 195 W. Dundee Road, and Mr. Patrick Marzullo, Architectural Environments, 1020 West Devon Avenue, Elk Grove Village, Illinois, were present and sworn in. The public hearing notice published in the Daily Herald on April 4, 2009 was read. ZONING BOARD OF APPEALS PAGE 1 of 8 — APRIL 21, 2009 Mr. Marzullo explained that they are requesting to bump out two (2) columns on the north side of the building twelve (12) inches and two (2) columns at eight (8) inches from the twenty-five (25) foot building line. The existing roof overhang is approximately five (5) feet over the building line currently. They are planning to cut that back to approximately one (1) foot over the building line. The signage being proposed is smaller than the existing signage both on the east and the north walls. They are planning to move the ground sign closer to the intersection. Currently the ground sign is closer to the east side of the building. The entire interior and exterior of the building will be remodeled. Corn. Windecker asked about the height of the proposed columns. Mr. Marzullo stated that he did not have that information in front of him but that they are approximately twelve (12) to thirteen (13) feet tall. Corn. Windecker asked about the height of the roof sign. Mr. Marzullo stated that the top of the roof sign is approximately fifteen (15) feet and the top of the wall is approximately eighteen(18) or nineteen(19) feet. Corn. Windecker stated that at the Appearance Review Team meeting Mr. Marzullo stated that it was twenty-five (25) feet. Mr. Marzullo stated that the height of the columns are shown on the building plans submitted for the building permit. Corn. Windecker located Exhibits"G"and"H"which show the heights of the towers. Corn. Shapiro asked if the wall signs will be back lit. Mr. Marzullo stated that the wall signs and the ground sign will be back lit. Corn. Shapiro believes that by moving the ground sign to the west, it is over kill with both the ground sign and the wall sign on the west elevation. He suggested that either the west elevation wall sign be removed or the ground sign be removed. He believes that the proposed look of the building is great. It will be a nice remodeling. Mr. Atsaves stated that the purpose of the remodeling is that work has never been done on the outside of the building. Corn. Lesser asked about the hours of illumination for the signs. Mr. Atsaves stated that during the summer months the current signs are illuminated from 7:00 P.M. to 10:30 P.M. and during the winter months they are illuminated from 4:00 P.M. to 10:30 P.M. The parking lot lights are left on until 11:00 P.M. Corn. Stein likes the proposed design and believes it will add class to Dundee Road. Ch. Entman stated that he is not in favor of the sign on the north elevation of the building, especially if the ground sign is being moved to the west. He is not in favor of the north elevation sign being up that high. He agrees with the hours of illumination. He likes the proposed design and believes it will be a nice improvement. Ch. Entman reviewed the minutes of the Appearance Review Team meeting on March 25, 2009. The recommendation had some conditions. Ch. Entman stated again that he is not in favor of the additional signage. There will be plenty of signage to identify the building from either direction. ZONING BOARD OF APPEALS PAGE 2 of 8—APRIL 21,2009 Com. Lesser stated that during the ART meeting additional language on the ground sign was discussed. He asked about the additional language. Mr. Sheehan stated that Exhibit "E2" shows the additional proposed language on the ground sign. Mr. Marzullo stated that during the ART meeting, they were proposing to move the existing ground sign with the existing copy. The ART members preferred the new design signs and suggested that all of the signs be changed. The owners decided that they would change all of the signs to the new design. The other recommendation was to make the additional language on the ground sign look compatible to the rest of the sign. The ART did not like the look of the original sign. Ch. Entman is not in favor of advertising on signage other than the business name. There are certain businesses, like pharmacies and so forth, that will include hours of operation. He is not in favor of all the language on the ground sign as depicted in Exhibit "E2". He would prefer the ground sign as depicted in Exhibit"El". Mr. Marzullo replied that customers are confused when they drive down the street and they see a name like Dengeo's and have no idea what it is. They could not tell you if it were a doctors office or a Spanish restaurant. He owns two (2) restaurants himself and one of the biggest questions he gets from customers is that the customers have not come in before because they didn't know what type of restaurant it is. It is very important for a restaurant to have an identity and to have the name on the building in order to attract customers. Ch. Entman stated that there is one (1) awning that could identify the food that is served. He does not see the need for all of the proposed language on the ground sign. The Board may be amenable to keeping it consistent with the word"GYROS". Mr. Marzullo stated that the ART asked them to make the additional language match the rest of the design of the sign. If they do not get the approval for the new ground sign, they will most likely just leave the ground sign as it exists. They would also leave the west wall sign as it exists. Corn. Au asked why they are looking to move the ground sign to the corner. Mr. Atsaves explained that the ground sign blocks the view of the front of the building. They thought it would be better to move it to the side. The north elevation wall sign is smaller than the existing wall sign. Com. Au stated that it seems like over kill on the west elevation with both the ground sign and the wall sign. She asked if they have considered relocating the ground sign half way between the existing location and the proposed location. Corn. Shapiro was not sure which rendering is more recent, Exhibit "El" or"E2". He paid more attention to Exhibit "El". He agrees with the Commissioners concerning the simpler look of the ground sign with just the name. He understands about wanting to notify as to the type of restaurant it is. If the additional language is allowed, it would look better than the existing ground. He also likes the way it all ties together. Mr. Atsaves stated that the existing ground sign was approved by the Board in 1999 with the same language that is being proposed. Com. Shapiro is not sure about the additional language. He knows that the restaurant is well established in Buffalo Grove. If you ask twenty-five(25)people,they would all know what Dengeo's is. ZONING BOARD OF APPEALS PAGE 3 of 8—APRIL 21, 2009 Mr. Atsaves replied that they get about twenty (20) people a week that are referred to the restaurant by word of mouth even though he does about ten thousand (10,000) dollars worth of advertising a month. If you live in Buffalo Grove and look at the coupon ads, he pays between eight hundred (800) and nine hundred (900) dollars to advertise in all four (4) suburbs. He gets more business from word of mouth. Most customers don't realize what they sell until they come in. Com. Shapiro asked if the Petitioner could do something with another awning with the additional language. Corn. Lesser stated that the Board is just trying to improve upon the new design. He believes that the ground sign with the additional language diminishes the new look. He suggested adding the additional language on the awning. Otherwise is supports the new look. Com. Stein stated that the Board is familiar with Dengeo's. He believes that the Petitioner is trying to make sure that people who are driving down the street looking for a place to eat know what Dengeo's offers. If it is between the old sign and the new sign with the added language, he would prefer the new sign. He is supportive of the new sign with the language. Mr. Raysa advised that the only sign before the Board is the north elevation roof sign. The ground sign is not before the Board. Ch. Entman understands that the Petitioner does not need a variance for the ground sign. The added language could be a condition of granting the roof sign. Ch. Entman clarified that the location of the proposed ground sign as depicted in Exhibits "El" and"E2"is correct. He believes that by moving the ground sign to the west, it makes it appear as if there are two (2) signs on the same elevation. It is drastic over kill. The sign on the north elevation may not be necessary. Why have both signs on the west elevation. Mr. Marzullo stated that you don't see the ground sign. It is not really noticed in its current location. It is so low to the ground. Ch. Entman relied that it is a seven (7) foot high sign. Mr. Marzullo stated that it pretty low. Most people don't usually notice ground signs. Ch. Entman replied that if the ground sign is not visible, then it is non-essential. If the added language will be at the lower portion of the sign, then the sign is even less needed. Mr. Marzullo stated that they are moving the sign so it will be more visible at the corner. By the time people see the sign in its current location they have already passed the building. 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 Dengeo's Restaurant, 195 W. Dundee Road, for variance of Zoning Ordinance, Section 17.44.020, pertaining to B-1 business district, limited retail, for the purpose of constructing four (4) stone columns on the front of the building: two (2) stone columns would encroach a distance of eight (8) inches into the required twenty-five (25) foot front yard setback and two (2) columns would encroach a distance of twelve (12) inches into the required twenty-five(25) foot front yard setback. ZONING BOARD OF APPEALS PAGE 4 of 8—APRIL 21,2009 Pursuant to plans and specifications submitted to and approved by the Village. The Petitioner has demonstrated hardship and unique circumstances. The proposed alteration 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—Stein, Windecker, Lesser, Shapiro,Au, Entman NAY—None ABSTAIN—None Motion Passed 6 to 0. Findings of Fact attached. Permit may be issued in fifteen(15) days—May 7, 2009. Corn. Lesser made the following motion: I move we recommend to the Village Board to grant the request made by Dengeo's Restaurant, 195 W. Dundee Road, for variance of Sign Code, Section 14.40.125, pertaining to Roof Signs, for the purpose of installing a roof sign on the north elevation of the building. Pursuant to Exhibits "El" and "E2" submitted with the application. Pursuant to Sign Code, Section 14.44.010, Subsection B. Corn. Shapiro seconded the motion. `./ Roll Call Vote: AYE—Stein, Windecker, Lesser, Shapiro,Au NAY—Entman ABSTAIN—None Motion Passed 5 to 1. Findings of Fact attached. Item to appear on the May 18, 2009 Village Board agenda. 1227 W. DUNDEE ROAD, MEN'S WEARHOUSE AND TUX — DEVIATION TO THE PLAZA VERDE SIGN CRITERIA TO ALLOW MORE THAN ONE LINE OF COPY FOR EACH SIGN; TO ALLOW THE NORTH ELEVATION WALL SIGN NOT TO BE CENTERED OVER THE LEASE SPACE; TO ALLOW THE SIGNS TO EXCEED THE MAXIMUM PERMITTED HEIGHT; AND TO ALLOW THE COLOR BLACK Mr. Doug Head, Ad Art Sign Company, 2609 Sagebrush Drive, Suite 204, Flower Mound, TX 75028,was present and sworn in. Mr. Head distributed drawings and explained that Men's Wearhouse and Tux currently has a sign with red letters. They saw the previous owner, After Hours Formalwear, had black lettering and they wanted to go with black since they sell and rent tuxes. Men's Wearhouse bought After Hours Formalwear about a year ago and spent two and one half million dollars ($2,500,000) along with other advertising developing the MW Tux look. They found out the name MW Tux didn't work. They are changing out all of their signs to Men's Wearhouse and Tux. It is a very difficult situation because Men's Wearhouse and Tux has so many letters. They already tried it ZONING BOARD OF APPEALS PAGE 5 of 8—APRIL 21,2009 the other way with the shorter abbreviation. Other companies in the Center that have more than ./ one line of copy include Gulo's Pizza Paddle, Sam Ash Music, Very Berry and the Dog Barber. Jimmy John's has white lettering. They are trying to stay uniform. They are not big letters. The "AND TUX" is only six (6) inches tall. The black will light up white at night. It is not very bright but it classy and subdued. Com. Au asked for clarification concerning the line in the sign. On one rendering, the east elevation, the line is above the sign and on the north elevation the line is below the sign. Mr. Head stated that the line should be above the sign on both elevations. Com. Lesser was confused as to the correct rendering for the north elevation wall sign. Discussion took place concerning the renderings that were submitted prior to the meeting and the rendering that Mr. Head distributed. The rendering distributed prior to the meeting shows the proposed north elevation sign with three (3) lines of copy and within the tenant's lease space. The rendering distributed during the meeting shows the proposed north elevation sign with two (2) lines of copy and outside the tenant's lease space. Ch. Entman stated that he does not have any issues with what is being proposed so long as the sign stays within the lease space. Mr. Head stated that he can comply with that. There were no additional questions or comments from the Commissioners. There were no questions or comments from the audience. Mr. Raysa stated that he believed that testimony was given that stated that the black lettering would be white when illuminated. Mr. Head confirmed that the sign does turn white at night. Mr. Sheehan stated that a Deviation would be required for two(2) colors,white and black. Com. Stein made the following motion: I move we grant the request made by Men's Wearhouse and Tux, 1227 W. Dundee Road, for Deviation to the Plaza Verde Shopping Center Sign Criteria, to allow more than one (1) line of copy for each sign; to allow the north elevation wall sign not to be centered over the lease space; to allow the signs to exceed the maximum height allowed; and to allow black letters that turn white at night. The north elevation wall sign shall not exceed the lease space. Corn. Windecker seconded the motion. Roll Call Vote: AYE—Stein, Windecker, Lesser, Shapiro,Au, Entman NAY—None ABSTAIN—None Motion Passed 6 to 0. L, ZONING BOARD OF APPEALS PAGE 6 of 8—APRIL 21,2009 1240 W. DUNDEE ROAD, CRICKET DEVIATION TO THE STRATHMORE SQUARE SHOPPING CENTER SIGN CRITERIA TO ALLOW AN UPPER CASE LETTER OTHER THAN THE FIRST LETER; TO ALLOW THE UPPER CASE LETTER TO EXCEED THE MAXIMUM PERMITTED SIZE OF THIRTY-SIX (36) INCHES; AND TO ALLOW THE LOWER CASE LETTERS TO EXCEED THE MAXIMUM PERMITTED SIZE OF SIXTEEN(16)INCHES. Mr. Ali Aboulia, Cricket, 1240 W. Dundee Road, was present and sworn in. Mr. Aboulia explained that his letters, that are also black except for the "K", turn white when illuminated at night. The"K"will remain lime green. Corn. Au asked if this is a nationally recognized sign. Mr. Aboulia stated that Cricket has stores all over the United States that use the same. Ch. Entman stated that based on the printed material and brochures he believes that this is a national logo. There were no additional questions or comments from the Commissioners. There were no questions or comments from the audience. Com. Windecker made the following motion: I move we grant the request made by Cricket, 1240 W. Dundee Road, for Deviation to the Strathmore Square Shopping Center Sign Criteria, to allow an upper case letter other than the first letter; to allow the upper case letter to exceed the maximum permitted size of thirty-six (36) inches; to allow the lower case letters to exceed the maximum permitted size of sixteen (16) inches; and to allow black letters that turn white at night except for the "K" which will remain lime green. Corn. Stein seconded the motion. Roll Call Vote: AYE—Stein, Windecker, Lesser, Shapiro,Au, Entman NAY—None ABSTAIN—None Motion Passed 6 to 0. APPROVAL OF MINUTES March 17, 2009 minutes: Com. Lesser made a motion to approve the minutes of the Zoning Board of Appeals regular meeting held on Tuesday,March 17, 2009. Com. Stein seconded the motion. Roll Call Vote: AYE—Stein, Lesser,Au,Entman NAY—None ZONING BOARD OF APPEALS PAGE 7 of 8—APRIL 21, 2009 ABSTAIN—Windecker, Shapiro Motion Passed 4 to 0, 2 Abstentions. Minutes approved as submitted. ANNOUNCEMENTS Com. Stein announced that Com. Dunn qualified and ran in the Boston Marathon on Monday, April 20, 2009. She finished the marathon in 3 hours, 44 minutes and 48 seconds. There were 9,432 women who ran in the marathon. Corn. Dunn finished 3,225 or in the top third. Overall, of the over 23,000 who ran, she finished 11,600. Congratulations Corn. Dunn. Mr. Sheehan advised that the driveway modification ordinance passed and became effective Monday, April 20, 2009. They will soon be looking at the Sign Code. He stated that they may be looking for one or two liaisons to the committee. Reminder that a new Commission photograph will be taken at the May 19, 2009 meeting. Please advise if you know that you will not be in attendance. ADJOURNMENT Motion to adjourn the meeting was made by Corn. Stein and seconded by Com. Lesser. Voice Vote—AYE was unanimous. Ch. Entman adjourned the meeting at 8:35 P.M. Submitted by, Julie Kamka Recording Secretary ZONING BOARD OF APPEALS PAGE 8 of 8—APRIL 21, 2009