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2009-08-18 - Zoning Board of Appeals - Minutes AMMO REGULAR MEETING AS eon—En- 9)6 o' BUFFALO GROVE ZONING BOARD OF APPEALS AUGUST 18, 2009 Chairman Entman called the Zoning Board of Appeals regular meeting to order at 7:32 P.M. on Tuesday, August 18, 2009 in the Council Chambers of the Village Hall, 50 Raupp Boulevard. ROLL CALL Commissioners Present: Commissioner Stein Commissioner Windecker Commissioner Lesser Commissioner Au Chairman Entman Commissioners Absent: Commissioner Dunn Commissioner Shapiro Also Present: Brian Sheehan, Deputy Building Commissioner William Raysa, Village Attorney Steve Trilling, Village Trustee APPROVAL OF MINUTES July 21, 2009 minutes: Com. Windecker made a motion to approve the minutes of the Zoning Board of Appeals regular meeting held on Tuesday, July 21, 2009. Corn. Lesser seconded the motion. Roll Call Vote: AYE — Stein, Windecker, Lesser, Au, Entman NAY — None ABSTAIN — None Motion Passed 5 to 0. Minutes approved as submitted. Corn. Dunn arrived at 7:33 P.M. OLB BUSINESS PLAZA VERDE EAST, DOYLE SIGNS ON BEHALF OF AETNA DEVELOPMENT — REVISION TO THE PLAZA VERDE EAST SHOPPING CENTER SIGN CRITERIA Mr. John Streetz, Doyle Signs, 232 Interstate Road, Addison, Illinois, 60101, was present and sworn in. ZONING BOARD OF APPEALS PAGE 1 of 10 — AUGUST 18, 2009 rs , s Ch. Entman reviewed the additional information submitted by Doyle Signs, which includes the Word document with the tracked changes, a clean copy of the revised criteria, a color rendering depicting the sign "Mattress Bargains" under the current criteria, a color rendering depicting the sign "Mattress Bargains" under the revised criteria, and a rendering of Designated Portion A and Designated Portion B. Mr. Streetz stated that he feels the proposed sign criteria addresses the three (3) major concerns of the Commission, including copy, color, and size. Corn. Windecker stated that he spent some time at the center on Friday, August 14, 2009 to see the signs lit. The current color blend is very good since it is all red except for O'Reilly Auto Parts sign which blends in very well. An exception to this is the Jewelry and Loan sign, which all the windows are outlined in double-lined green neon tubing. He has no problem with leaving the criteria as it currently exists. He believes that seventy (70) percent is large enough to keep continuity throughout the vast building structures. He believes that the UL approval should remain as it is required by the Electrical Code. The current colors yellow, orange and red work out very well. Com. Dunn agrees with Com. Windecker and believes that a single line of copy is sufficient. Multiple lines are not needed. Two (2) lines would be too much to read. Com. Stein agrees with the other Commissioners and believes that opening the criteria up to any color is too broad. Com. Lesser agrees with the other Commissioners. He is not in favor of multiple lines and colors. He would like to keep control over the color. Ch. Entman agrees with the comments of the Commissioners and believes that the way the current criteria is drafted provides for the maintenance of the signs and gives the Zoning Board of Appeals the latitude they need to keep control. He is not in favor of a majority of the proposed revisions. There were some under the category Specifications for Illuminated Lettering, Section B which seem to be the mechanical aspect of the sign criteria as opposed to the aesthetic aspect. For example there is a suggested change about primary store signage to be illuminated by neon tubing to be changed to neon LED or fluorescent light source. He would not have any issue as long as it is not a safety issue. If there is a tenant that wants a sign that is different from what is allowed under the current criteria, the Zoning Board of Appeals would review that request on a case by case basis. The other Commissioners are not in favor of changing the current criteria. There were no additional questions or comments from the Commissioners. There were no questions or comments from the audience. Corn. Stein made the following motion: I move we grant the request made by Doyle Signs on behalf of Aetna Development, Plaza Verde East Shopping Center, to revise the Plaza Verde Shopping Center Sign Criteria as submitted as Revised Sign Criteria dated August 4, 2009. ZONING BOARD OF APPEALS PAGE 2 of 10—AUGUST 18, 2009 Com. Dunn seconded the motion. Roll Call Vote: AYE—None NAY—Stein, Dunn, Windecker, Lesser, Au, Entman ABSTAIN—None Motion DENIED 6 to 0. Mr. Streetz asked if in the future they could submit sections at a time for review. Ch. Entman stated that if in the future the center's management decided to come back and ask for revisions different from what was proposed or limited to the mechanical issues,they are welcome to do so. 615 HARRIS DRIVE, HARRY KING — FENCE CODE, SECTION 15.20.040, TO CONSTRUCT AN EIGHT (8) FOOT FENCE ALONG THE REAR PROPERTY LINE ADJACENT TO ILLINOIS ROUTE 83 Mr. Harry King, 615 Harris Drive,was present and sworn in. The public hearing notice published in the Daily Herald on July 29, 2009 was read. Corn. Au advised that she lives down the street from Mr. King, but does not know him personally. This will not affect her decision. Mr. King explained that there are many other properties facing Route 83 that have eight (8) foot fences. Since he has lived there, Route 83 was expanded from a two (2) lane road to a four (4) lane road and they desperately need something. He has planted trees in his back yard, five (5) trees to block as much as he can. The eight (8) foot fence will add to that. He is directly adjacent to 617 Harris Drive which has an eight (8) foot fence. He would like to put in the same type of fence. His other neighbor at 613 Harris Drive is also thinking about putting in an eight (8) foot fence. Ch. Entman asked about the proof of ownership of the property. Ms. Kamka advised that the Village does have a copy of the proof of ownership. Ch. Entman read the Village Engineer's memorandum addressed to Brian Sheehan dated July 30, 2009 which states: "I have no comments on the proposal." The memorandum references 614 Harris Drive instead of 615 Harris Drive. There is no 614 Harris Drive. 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 grant the request by Harry King, 615 Harris Drive, for variance of Fence Code, Section 15.20.040, pertaining to Residential Districts, for the purpose of constructing an eight (8) foot wood privacy fence along the rear property line adjacent to Illinois Route 83. ZONING BOARD OF APPEALS PAGE 3 of 10—AUGUST 18, 2009 Subject to the Village Engineer's memorandum dated July 30, 2009. 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. Dunn seconded the motion. Roll Call Vote: AYE—Stein, Dunn, Windecker, Lesser, Au, Entman NAY—None ABSTAIN—None Motion Passed 6 to 0. Findings of Fact attached. Permit may be issued in fifteen (15) days — September 3, 2009. 565 COVENTRY LANE, MARK SILVERBERG — ZONING ORDINANCE, SECTION 17.40.020, TO CONSTRUCT A SUNROOM ADDITION THAT WOULD ENCROACH A DISTANCE OF 13.07 FEET INTO THE REQUIRED 40 REAR YARD SETBACK Mr. Mark Silverberg, 565 Coventry Lane, and Mr. Jeff Moritz, Patio Enclosures, 1232 Capitol Drive, Unit C, Addison, Illinois 60101, were present and sworn in. The public hearing notice published in the Daily Herald on July 29, 2009 was read. Mr. Silverberg explained that he would like to add a three-season room to the back of his home. It is a short back yard. They live in a cul-de-sac. The house is setback quite a bit on the lot. There is a bike path that runs behind the property. Patio Enclosures has been retained to provide the design and construction of the addition. There are no other adjoining back yards to theirs. There are wetlands with lots of mosquitoes. They like to enjoy the outdoors but it is sometimes difficult. There were no objections from the neighbor's. Ch. Entman read the Village Engineer's memorandum addressed to Brian Sheehan dated August 4, 2009 which states: "I have no comments on the proposal." Com. Windecker asked if the sunroom would have any electrical in it. Mr. Moritz stated that electrical is required by code. There will not be any heat in the room. Ch. Entman confirmed that the plans indicate that the roof shingles would match the existing. He asked about the exterior. Mr. Silverberg stated that the exterior would be glass. Ch. Entman stated that the property is a large,pie-shaped lot and is pretty deep. He does not have any issues. There were no additional questions or comments from the Commissioners. There were no questions or comments from the audience. Com. Lesser made the following motion: I move we grant the request made by Mark Silverberg, 565 Coventry Lane, for variance of Zoning Ordinance, Section 17.40.020, pertaining to Area, Height, Bulk and Placement ZONING BOARD OF APPEALS PAGE 4 of 10—AUGUST 18, 2009 Regulations, for the purpose of constructing a sunroom addition that would encroach a distance of 13.07 feet into the required 40 foot rear yard setback. Subject to the Village Engineer's memorandum dated August 4, 2009. 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. Corn. Dunn seconded the motion. Roll Call Vote: AYE—Stein, Dunn,Windecker, Lesser,Au, Entman NAY—None ABSTAIN—None Motion Passed 6 to 0. Findings of Fact attached. Permit may be issued in fifteen (15) days — September 3, 2009. ROGERS CENTER FOR COMMERCE, ARTHUR J. ROGERS & COMPANY — REVIEW OF STATUS OF THE EXISTING "FOR RENT, SALE, LEASE SIGN" LOCATED AT THE SOUTHWEST CORNER OF BARCLAY BOULEVARD AND APTAKISIC ROAD Ms. Kathy Rogers, Arthur J. Rogers & Company, 3170 River Road, Des Plaines, Illinois 60018 and Mr. Norman Ross, Arthur J. Rogers & Company, 1601 Barclay Boulevard, Buffalo Grove, Illinois 60089, were present and sworn in. Ch. Entman stated that the Commissioners have reviewed the information submitted concerning the current occupancies. They have lost more tenants than they have gained. Corn. Au stated that in the letter submitted with the request, the dates referenced are from 2007. Ms. Rogers stated that was a typographical error. They have been before the Board a few times. Com. Dunn stated that she is not in favor of granting a two (2) year extension. Ch. Entman would like to review the sign again in six (6)months. There were no additional questions or comments from the Commissioners. There were no questions or comments from the audience. Corn. Dunn made a motion to allow the existing For Rent, Sale, Lease Sign for Arthur J. Rogers & Company to remain at the southwest corner of Barclay Boulevard and Aptakisic Road for six months. This sign will be reviewed at the February 2010 Zoning Board of Appeals meeting for status. Corn. Windecker seconded the motion. Roll Call Vote: AYE—Stein,Dunn, Windecker,Lesser,Au,Entman ./ NAY—None ZONING BOARD OF APPEALS PAGE 5 of 10—AUGUST 18,2009 ABSTAIN—None Motion Passed 6 to 0. Item to appear on the February, 2010 Zoning Board of Appeals agenda for status review. 1255 W. DUNDEE ROAD, MATTRESS BARGAINS — DEVIATION TO THE PLAZA VERDE EAST SHOPPING CENTER SIGN CRITERIA TO ALLOW MORE THAN ONE (1) LINE OF COPY AND TO ALLOW THE SIGN TO BE INSTALLED LESS THAN THE REQUIRED TWO (2) FEET FROM THE EDGE OF THE LEASE SPACE Mr. John Streetz, Doyle Signs, 232 Interstate Road, Addison, Illinois 60101, was present and sworn in. Mr. Streetz explained that they are requesting a Deviation to allow two (2) lines of copy. Given that there are so many characters in Mattress Bargains it makes sense to have the sign in two (2) lines. An Exhibit submitted with the previous Proposed Sign Criteria Amendment shows Mattress Bargains in one (1) line of copy. It looks way too cramped together. It was awful looking and not very readable. The proposed sign happens to be their corporate colors that have been used in all their other signs. The sign is not centered over the store front and does not abide by the two (2) foot rule in terms of distance from the adjacent space. There is a column that is in the way of the store front. The sign band does not extend to the end of the lease space. They need to encroach into the two (2) foot area in order to fit the sign into that space. The exact dimension is 1.94 feet. He believes that the request is in line with the intention of the Sign Criteria and the Sign Code given the circumstances of their store front and the column. Ch. Entman likes the single line of copy in lieu of the two (2) lines. If the other letters were lower case letters, other than the first letters, then adjust the sign to center it, he would like that better. Com. Au asked about the corporate logo. Does their logo match exactly how the sign appears in the proposal?Mr. Streetz stated that their signs are typically in one(1) line of copy, the same size character, color and font. The space they have here is not nearly as wide as their typical store front. To be able to fit the sign, they had to put it in two (2) lines. To change the characters at all would not be in accordance with their typical logo. He would not be able to agree with that. Corn. Au confirmed that the Petitioner is saying that the wide, capital letters is their corporate logo. Com. Lesser suggested that another option to make the sign fit in one (1) line of copy would be to keep the letters capital but make the subsequent letters smaller in size, such as Hair Directors to the east of the tenant. There are other options to maintaining the integrity of their intent by using all capital letters but compressing them into the space on a single line. Mr. Streetz appreciates the suggestions, but he would not be able to agree with the suggestions because the proposed Exhibit is the layout that the tenant is looking for. They have never done that with any of their previous signs. He would need to get approval for that. Corn. Lesser asked how far the lease space extends past the end of the sign band to the east. Mr. Streetz advised that the lease space expands approximately another four (4) feet. Corn. Lesser stated that even though he does not like two (2) lines of copy, he would be willing to allow it due to the circumstances. Corn. Windecker stated that even though the proposed sign would have smaller letters they would be taking up more space. If the letters were altered they could fit the parameters of the ZONING BOARD OF APPEALS PAGE 6 of 10—AUGUST 18, 2009 Criteria. He is perplexed by all things that cannot be done for a corporation when they typically �./ have alternate sign packages. Every store front is not the same and every business offers more than one (1) sign package. Mr. Streetz advised that they did put together several layouts for this sign trying to make it work within the space. They did not realize that the space over-lapped the brick column. They thought they had more room to work in. Because they only have about fifteen (15) feet to work with making the sign into one (1) line and shrinking the characters but still keeping the same font would be too small. Since he did not do the actual lay out he does not know what the actual dimension would be. Corn. Windecker asked about other locations for this business. Mr. Streetz stated that the tenant has stores in Mundelein, Chicago Heights, Morris, Calumet City, West Chicago, and several in Chicago. Corn. Windecker asked if all of those locations are equal in store frontage or larger. Mr. Streetz stated that those locations all have larger store fronts. He added that installing the sign in two (2) lines would be more aesthetic than installing it in one(1) line because the sign would be too small. Com. Au stated that due to the unique circumstances of the store front she would not have any issues with this request. She is not totally in favor of stacking the words as that would make the sign approximately three (3) feet tall whereas the other stores' signs are only approximately one and one half(1-1/2) feet to two (2) feet tall. Com. Stein looked at the Exhibit from the previously discussed proposed Revised Sign Criteria where the Mattress Bargains sign is shown in one (1) line. He agrees that the letters are a little cramped together but if the Board was willing to allow the sign to go closer to the lease line to the west it would give a little more room. He also agrees that the Hair Directors sign where the first letters are large and the subsequent letters are smaller he would rather see that than the two (2) lines of copy. He would also like to see other examples of the Mattress Bargains signs in other locations. Ch. Entman was also looking at the Exhibit from the previously discussed proposed Revised Sign Criteria where the Mattress Bargains sign is shown in one (1) line. That Exhibit shows the letters two (2) feet in height and the lettering would be twelve (12) feet eleven and one-quarter (11-1/4) inches. He does like the single line of copy better. That Exhibit is showing the sign off- center keeping the two (2) feet from the edge of the lease space on the west. He would prefer to have the sign as depicted in that rendering only center the sign. That would leave about a foot and a half(1-1/2) from the edge of the lease space on the west. The only Deviation that would be needed would be for the two (2) foot distance from the lease space. Mr. Streetz stated that any modification to the proposed sign would need to be approved by the tenant. A discrepancy was noted that some of the Exhibits from the proposed Revised Sign Criteria submittal are not the same. Some Commissioners have Drawing Number 10813.B2. Other Commissioners have Drawing Number 10813.B 1. Mr. Streetz asked if the tenant was willing to have the sign in one (1) line of copy, would the Board grant a Deviation to the two (2) foot requirement. Ch. Entman stated that the Board would be willing to grant a Deviation for that. Ch. Entman advised the Petitioner that he could amend his request to center the sign in one (1) line of copy per Drawing Number 10813.B2 submitted with the proposed Revised Sign Criteria request. ZONING BOARD OF APPEALS PAGE 7 of 10—AUGUST 18, 2009 Corn. Dunn stated that if the Petitioner is going to change the size of the letters from what is shown on Drawing Number 10813.B2, she would like to see a revised drawing before she approves it. Ch. Entman asked the Commissioners if they would consider a single line of copy with the Deviation to accommodate centering the sign. The Commissioners would like to see new drawings. Mr. Streetz added that if the sign were to be one (1) line of copy, he would ask for no setback from the lease space on the right to be able to go up to the lease line as shown on Drawing Number 10813.B 1. Mr. Sheehan advised the Board that additional Deviations will be required for the raceway and for the color of the returns. Com. Au asked if the delay in the signage will delay the opening of the store. Mr. Streetz stated that the exact opening date has not yet been determined. Corn. Windecker would also like to see revised drawings before making a decision. He would prefer to see multiple alternatives. Mr. Streetz stated that the return color of yellow is typical to their sign as part of their corporate identity. The raceway will be painted to match the background color of the wall. Mr. Streetz made the request to Table the item until the next meeting to provide revised drawings. Corn. Stein made a motion to Table the request made by Mattress Bargains, 1255 W. Dundee Road, for Deviation to the Plaza Verde East Shopping Center Sign Criteria. Com. Windecker seconded the motion. Roll Call Vote: AYE—Stein,Dunn, Windecker, Lesser, Au, Entman NAY—None ABSTAIN—None Motion Passed 6 to 0. Item Tabled to the September 15, 2009 Zoning Board of Appeals meeting. 1229 W. DUNDEE ROAD, ENCORE WEAR - DEVIATION TO THE PLAZA VERDE EAST SHOPPING CENTER SIGN CRITERIA TO ALLOW MORE THAN ONE (1) LINE OF COPY; TO ALLOW THE CORPORATE COLORS AND LOGO; AND TO ALLOW A FONT OTHER THAN HELVETICA MEDIUM Mr. John Streetz, Doyle Signs, 232 Interstate Road, Addison, Illinois 60101, was present and sworn in. Mr. Streetz explained that they would like to accommodate the corporate colors and logo. Depending on how the drawing is interpreted, there are three (3) lines of copy because the "e" is higher than the rest of the letters. There are unique colors to the sign. They are within the ZONING BOARD OF APPEALS PAGE 8 of 10—AUGUST 18, 2009 required square footage for the sign. The proposed sign area is thirty-four and a half (34.5) square feet out of the total allowed forty-three point one two five (43.125) square feet. They are also mounting the letters on a raceway. Com. Dunn would like to see the bottom line "UPSCALE RESALE" taken out. It would be difficult to read it. She does not have an issue with the "e" in "encore" being a little bit higher than the rest of the word. She would ask that the colors adhere to the colors that the Sign Criteria currently allows. She is not in favor of the burgundy or the yellow. The red should be the red that matches the rest of the signs in the Center. Corn. Windecker asked what other locations this company has. Mr. Streetz does not know the answer. He believes that the company is based out of Texas. As far as he is aware this is their first store in the area. Corn. Windecker asked what other sign packages the client has. Mr. Streetz does not know. Com. Windecker stated that the color burgundy does not fit in with the Criteria. He does not understand why the words "UPSCALE RESALE" are included on the sign. Many petitioners provide drawings indicating that is their corporate package to later find out that they have numerous packages. Com. Au would like proof of the use of the corporate colors. Mr. Streetz stated that he did try to obtain that information but was unable to prior to this meeting. Ch. Entman agrees that he would like to see the use of the corporate colors and logo in other parts of the country. Com. Lesser would also like to see alternative drawings. He understands that the client may not want to present alternatives but the he would like to see various alternatives. Ch. Entman agrees. Mr. Streetz requested to Table this item until the next regular meeting in order to gather the requested information. Mr. Sheehan stated that new landlord approval will be required that matches the drawing number and date on the drawings. The current approval does not match. 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 Table the request made by Encore Wear, 1229 W. Dundee Road, for Deviation to the Plaza Verde East Shopping Center Sign Criteria. Com. Windecker seconded the motion. Roll Call Vote: AYE—Stein, Dunn, Windecker, Lesser, Au, Entman NAY—None ABSTAIN—None Motion Passed 6 to 0. Item Tabled to the September 15, 2009 Zoning Board of Appeals meeting. ANNOUNCEMENTS ZONING BOARD OF APPEALS PAGE 9 of 10—AUGUST 18, 2009 Ch. Entman read the letter submitted by Kirk Hamilton addressed to Brian Sheehan dated August 6, 2009 requesting that the review of the Riverwalk Place temporary leasing signs be extended until the October 20, 2009 meeting. They are scheduled to appear on the September 15, 2009 agenda. Ch. Entman stated that he is a tenant in a Hamilton Partners building, but that will affect his decision. Corn. Dunn would like to remind the Board that when Hamilton Partners does appear before the Board for the review of the leasing signs, they should be required to reappear one (1) month less than what is typically granted. Mr. Sheehan stated that he is looking for a two (2) Commissioners to participate on a Committee to review proposed changes to the Sign Code. He does not have details yet concerning the dates and times of the meetings. Ch. Entman volunteered to participate as did Commissioners Windecker,Dunn and Stein. Mr. Raysa reviewed the status of the Adam's Rib's proposed ground sign that appeared on the August 17, 2009 Village Board agenda. ADJOURNMENT Motion to adjourn the meeting was made by Corn. Dunn and seconded by Com. Windecker. Voice Vote—AYE was unanimous. Ch. Entman adjourned the meeting at 8:49 P.M. Submitted by, Ju i Kamka R ording Secretary • ZONING BOARD OF APPEALS PAGE 10 of 10—AUGUST 18, 2009