1981-05-19 - Zoning Board of Appeals - Minutes I
ZONING BOARD OF APPEALS
VILLAGE OF BUFFALO GROVE, ILL.
TUESDAY, MAY 19, 1981
I. CALL TO ORDER
Com. John Quick, Vice Chairman, called the meeting to order at 7:37 P.M. on
Tuesday, May 19, 1981 at the Village Hall.
II. ROLL CALL
Commissioners Present: Quick, Kearns, Manzo, Stolman and Heinrich (7:50 P.M. )
Commissioners Absent: Schroeder, and Hefler.
Also Present: James D. Griffin, Asst. Bldg. and Zoning Com.
Wm. Raysa, Village Attorney
Marc Schwartz, Trustee - Liaison to ZBA
III. APPROVAL OF MINUTES
Com. Kearns made a motion to approve the minutes of April 23, 1981 as submitted.
Com. Manzo seconded the motion. Voice Vote was Aye Unanimously. Minutes will
be placed on file.
IV. BUSINESS
A. 193 University Blvd. - Howard and Loretta Duberstein
Municipal Code Section 15.36.040 - Fences
The Public Hearing Notice was read and Mr./Mrs. Duberstein were sworn in.
Mr. Duberstein prefaced his request for a 6 foot Stockade Fence with a state-
ment concerning the drainage problem in his rear yard which was created when
their next door neighbor raised his property. This allows water to back up
into the yard. Actually, the drainage on the Duberstein property was never
adequate, but the problem was severely compounded until the situation became
impossible. The Village suggested additional sever pipes, which would be
costly. Since the neighbor who caused the problem has moved, the Duber-
steins have decided to install an in-ground swimming pool. This will solve
the problem, as well as benefit the family. Because neighborhood children
often climb the existing 4 ft. fence and come into their yard, Mr./Mrs. Duber-
stein have requested a variation for a 6 ft. stockade fence to prevent any
possible accident.
The plat was presented and the proposed fence outlined. It will replace an
existing fence which is a wooden picket fence on 2 sides with aluminum across
one side. The inside of the proposed fence will face into the yard. The
preliminary work has been done for installation of the pool and the fence will
be erected as soon as the pool is finished.
Mr. Don Wilson, 192 Downing, was present to confirm the fact that children do
come into the yards and play. He confirmed the water problem and asked for
reassurance that the problem would not make his own drainage any worse be-
cause he too has been effected by the raising of the neighbor's property.
He would not object to the fence as long as there was no space between his
existing fence where weeds would grow and be a nuisance.
He was reassured that the fence would be installed right against the picket
fence on his n property. Drainage should not be a problem because the engineer-
ing department will require that no water spill off from the Duberatein's yard.
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The Commission discussed all possible problems with Mr. Wilson and Mr.
Duberstein. It was agreed that the fence would not be objectionable.
Com. Quick made the following motion:
1 move that we accept the request for variation
to allow a six (6) foot stockade fence, relative
to Municipal Code Section 15.36.040 for Mr. and
Mrs. Howard Duberstein. 193 University Blvd.
The six (6) foot fence can be erected at the
existing lot line as per the plat presented as
Exhibit A.
Hardship having demonstrated. Health, safety and
welfare will not be effected by granting this variance.
Com. Kearns seconded the motion. Roll Call Vote was taken:
Aye - Stolman. Kearns. Manzo,
Quick and Heinrich
Nay - None
Motion Passed 5 to 0.
B. Irving's For Red Hot Lovers - Sign
Municipal. Code 15.30.030
The Public Hearing Notice was read and witnesses sworn in. Testimony will
be given by: Mr. David Stein, Manager of the B. G. Irving's - and
Mr. Irving Greenspan, Owner of I rving's chain of stores.
`./ Two members of the Appearance Commission were present to testify. They were:
Mr. Don Hardt, Chairman and Mr. Dana Knaak, Commissioner.
Mr. Hardt explained to the ZBA that Mr. Stein had come before the Appearance
Commission to request that the Country Court pylon sign be changed to a
divided sign shared by Irving's and La-Z-Boy, who have businesses at Country
Court. As background information, Mr. Hardt recalled the initial Sign Pack-
age submitted by Koenig & Strey included the pylon - Country Court. Then
Koenig and Strey requested a second, ground sign in lieu of a wall sign. A
variation was granted by the ZBA. After reviewing the request for Irving's,
the Appearance Commission felt a variation would be required for several
reasons: 1) The sign presented. does not meet the criteria for the Sign Pack-
age or the Sign Code; Irving's has already been granted one variation;
2) To grant a variation will set a precedence for all other busi-
nesses in the Village;
3) The intent of the Sign Code would be violated. The intent is
to eliminate the proliferation of signage in Buffalo Grove and use signage for
identification purposes only.
Air. Hardt agreed that Mr. Stein has a problem. However. the Appearance Com-
mission could not review it because of the need for a variation. It is a
major change.:. The Sign Code does not allow for the proposed sign to qualify
under Section 4.3 which allows for a center identification sign. Also, it
does not meet Section 5.3 which stipulates that any tenant of a shopping cen-
ter that has a ground sign must limit their facia signage to 20%.
In conclusion, Mr. Hardt stated the Appearance Commission is adamantly opposed
to granting of a variance, because a variation would not adhere to the
intent of the Sign Code. ZONING BOARD OF APPEALS
May 19. 1981 - Page Two
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Mr. Stein responded that he does not agree that he is asking for a major
change because the request is to change what is already there.
Ch. Heinrich explained that this type of change would change the sign from
identification of a center to identification of a tenant. The full coverage
of the Sign Ordinance would be affected: number of signs allowed per parcel;
distance between signs; amount of facia signage; etc.
Mr. Raysa listed several items regarding signage:
1) The Country Court sign is a non-conforming sign. Any change to
that sign could cause it to lose its non-conforming status. It is now less
than 500 feet from the Koenig and Strey free-standing sign. but changing the
copy could make it more non-conforming because of aesthetics.
2) Section 4.3 (a) limits signage on a developed parcel to one
ground sign; and provides that all limitations of Section 5 apply. Therefore,
the Code allows for only one name and one use on one ground sign per parcel.
Mr. Raysa agreed that these requirements (Sec. 14.44.010) must be met as well
as the intent of the Sign Code.
Mr. Stein stated his need for a variance. He said because the nature of his
business is "fast food" it needs more identification to draw the people from
Dundee Road. . Because people cannot see the facia sign they do not come in.
His needs are financial. His business cannot prosper in that location without
more signage.
Mr. Greenspan noted that coming from the West the sign cannot be seen. Coming
from the East it is visable if you are looking for it. He said there are five
(5) Irving's stores (Wilmette, Niles, Skokie and downtown Chicago, plus B. G.)
All other stores have a lighted sign that is about 2 ft. by 20 ft. When they
came to B. G. they negotiated fotthe location now occupied by Jake's Pizza,
but the owners said there would only be one food store at the center, and they
were given the present location. He has spent $60,000 for equipment and ad-
vertising. The store is in heavy debt. Mr. Stein has a family to support.
An increase of 30% business would be expected with better exposure. People in
B. G. are still unaware of the store, even though much has been spent on ada-
vertising. Irving's other stores are located in shopping centers and they
felt that with their reputation, people would come. Also they get workers at
the other locations and Country Court does not have that many stores.
Ch. Heinrich stated he understood the problem Irving's has with location, but
he noted that La-Z-Boy does not have the same problem. They are located at
the anchor spot at Country Court and can be seen with no difficulty.
It is the position of Buffalo Grove to welcome business with the understanding
that the Village is concerned With its character and appearance. Signage that
does not meet the criteria established is often altered to comply with the Code.
One other problem is with the Logo. Mr. Greenspan agreed to work with the
Village to make the sign agreeable.
Com. Quick brought out the possibility that soon Jake's and/or other tenants
may wish to have more identification on a pylon. Other stores in other shop-
ping centers would also be likely to request changes, etc. if this variation
is granted.
Mr. Stein stated that all the other stores at Country Court were notified of
Irving's desire (and La•-Z-Boy), but no one else was interested.
Ch. Heinrich remarked that it could happen in the future. Other shops might
see that Irving's business is improved and desire the same consideration.
ZONING BOARD OF APPEALS
May 19. 1981 - Page Tnree
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Ch. Heinrich asked Mr. Hardt what he thought the Appearance Commission's
feelings would be if some kind of identification was given to all the
tenants in the center?
�./ Mr. Hardt said he thought they would be opposed. Apart from the fact that
there are two signs there already, he felt that a sign large enough to name
all the Stores would be very large. Or the names would be too cluttered.
Com. Kearns stated he could see that Irving'a location is a problem, and he
mentioned that parking at Country Court is not good now, so trucks would not
stop, etc. He did not feel changing the sign would be beneficial enough to
grant a variation. He personally prefers a reader type sign such as Plaza
Verde has.
Mr. Greenspan repeated his request and said that based upoh what people have
said about coming in.'the store would profit from the proposed sign.
Com. Manzo agreed that the problem does exist and felt the ZBA should offer
some solution that would help Irving's. She agreed that it is not good to
set precedents. Since each request is handled separately, it would;not be
likely that other exact situations would arise.
Ch. Heinrich agreed and that is why he does not feel La-Z-Boy has the same
need as Irving's. He does not like the idea of carving up a good-looking
sign and making it less attractive.
After further discussion, it was noted that should the ZBA deny the varia-
tion, an appeal could be made to the Village Board. If the ZBA grants the
variation and the Appearance Commission denies the sign, an appeal could be
made to the Village Board.
Other possible solutions were discussed, but none were satisfactory to all.
Finally, a suggestion was made to work with Koenig and Strey to change their
ground sign to an identification sign of the tenants at the center. Koenig
and Strey have submitted a facia sign for their business to the Appearance
Commission.. They might be agreeable to this possibility. It was also noted
that lighted signs for the whole center might be an improvement.
This solution was favorable to all the concerned parties and a motion to
table until the next meeting, June 16. 1981 was made by Com. Quick. It was
seconded by Com. Kearns. Roll Call Vote was:
Aye . Stolman, Kearns, Quick, Manzo and Heinrich
Nay - None
Motion to Table •- Irving!s until June 16. 1981 passed 5 to 0.
Regarding lighting or changing the Sign Package at Country Court, a request
would have to be made by Koenig and Strey. The developer prepares a sign
package and all tenants are expected to abide by it. It was suggested that
on June 16. 1981 - Koenig & Strey, La.Z Boy, and other tenants be present.
A letter should be sent to Koenig and Strey informing them of this decision
and requesting their attendance next month.
V. ANNOUNCEMENTS
A. Mr. Paul Schroeder has indicated that he does not wish to have his Commission
renewed in June. He expressed his appreciation to the ZBA and has enjoyed his
time spent as a Commissioner. A replacement will be sought from the Talent Pool.
B. Mr. Griffin asked for a Special ZBA meeting the 9th or 10th of June for the
purpose of amending the Zoning Code relative to the B-5; Town Center section.
C. Mr. Raysa noted Sec. 14.44.020 SC requires 4 Aye votes to pass a motion.
VI. ADJOURNMENT
Com. Quick made a motion to adjourn at 9:15 P.M. and seconded by Com. Kearns.
All Commissioners were agreed and the meeting adjourned. ZONING BOARD OF APPEALS
Respectfully submitted, Shirley Bates, Sec. ay 19, 1981 - Page Four
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TO: ZONTNG BOARD OF APPEALS
FROM: James D. Griffin
Asst. Bldg. and Zoning Adm.
SUBJECT: Amendment to Zoning Ordinance
Article XIII, Section 4
DATE: Wednesday. June 10. 1981
7:30 P.M. — Village Hall
Enclosed herewith is the information regarding the proposal being
presented by Mr. James Truesdall. Village Planner to amend the
Zoning Ordinance. Article XIII, Section 4.1-1 (g) relative to
the Town Center.
You are further reminded that this is a Special Meeting to be held
on WEDNESDAY, June 10, 1981 at 7:30 P.M. at the Village Hall.
mes D. Griffin,
Asst. Bldg. and Zoning Adm.
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TO: ZONING BOARD OF APPEALS
FROM: JAMES TRUESDELL, Village Planner
DATE : May 22 , 1981
SUBJECT : ZONING ORDINANCE AMENDMENT - ARTICLE XIII , SECTION 4
Attached is a draft ordinance amending section 4. 1 -1 of Article
XIII of the Buffalo Grove Zoning Ordinance. This ordinance changes
section 4. 1-1 by the addition of sub-section (g) .
Currently, Article XI , Sections 6. 3-1 (J) and 6. 3-1 ( K) require a
25 foot building setback and a 25 foot landscaped buffer from an adjacent
residential district. The current development plan for the town center,
due to the configuration of the site , cannot meet this requirement in
two areas . The developer has attempted to purchase the necessary prop-
erty in order to meet this requirement , but has been unable to do so.
Since this is a unique situation and therefore it is undesireable to
allow this setback in every case , it appears that it would be desireable
to allow this as a variation only.
This is reflected in sub-section ( g) of the attached ordinance for
your consideration .
JAMES E. TRUE DELL
Village Planner
JET/ps
Attachment
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ORDINANCE NO. 81-
AN ORDINANCE AMENDING THE BUFFALO GROVE
ZONING ORDINANCE OF 1961 , AS AMENDED
(TOWN CENTER VARIATIONS)
WHEREAS, Public Hearings have been held by the Zoning Board of Appeals
and the President and Board of Trustees of the Village of Buffalo Grove in
accordance with statutory requirements , and the Zoning Board of Appeals has sub-
mitted its report and recommendations to the President and Board of Trustees ; and
WHEREAS, the Village of Buffalo Grove is a Home Rule unit by virtue of
the • provisions of the Constitution of the State of Illinois of 1970; and
WHEREAS , the proposed amendments to Article XIII of the Zoning Ordinance
have been found to be in the best interest of the orderly development of the Town
Center,
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES , ILLINOIS as follows :
SECTION 1 . Article XIII , Section 4. 1-1 , is hereby amended to read as
follows :
Section 4 - VARIATIONS
4. 1-1 Authorized Variations - Board of Trustees . The Board of
Trustees may by ordinance determine and vary the application of any of
the regulations of this ordinance in harmony with the general purpose
and intent of such regulations relating to the use , construction , or
alteration of buildings or the use of land in cases where there are
practical difficulties or particular hardship in the way of carrying
out the strict letter of any such regulations. Variations , however,
shall only be authorized in the following instances :
a. To permit a temporary building for business or industry in any
district for a use otherwise excluded from such district, pro-
' vided the use is incidental to the development of that district,
such permit to be for a period of not more than one ( 1 ) year.
b. To permit the alteration or enlargement of an existing building
occupied by a non-conforming use , where such alteration or enlarge-
ment is a necessary incident to such use.
c. To permit in an I Industrial District a building or use otherwise
excluded from such district, provided such building or use is
distinctly incidental and essential to a use permitted in such
district, provided such incidental building or use occupies not
more than ten ( 10) percent of the lot, that not more than ten
( 10) percent of the employees of the building or plant are to be
engaged herein , and provided that such building or use is not loca-
ted within fifty (50) feet of any street.
d. To permit the extension of a district where the boundary line of a
district divides a lot on single ownership as shown on record prior
to the date of passage of this ordinance.
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e. To permit a building to exceed the height limit by not more than
ten (10) percent of the height limit established by this ordinance.
f. To interpret the provisions of this ordinance where the street
• layout actually on the ground varies from the street layout as
shown on the map fixing the several districts which map is incorporated
in and made a part of this zoning ordinance.
g. To permit, in the 6-5 Town Center Planned District, variations to
the minimum lot area, and minimum setbacks and buffering requirements
• to residential districts, when this is necessary for the reasonable
and orderly development of the property.
SECTION 2. Any person violating the provisons of this Chapter shall be
punished as provided in Section 1.08.010 of the Buffalo Grove Municipal Code.
1
SECTION 3. This ordinance shall be in full force and effect immediately
upon its passage and approval in the manner provided by law.
AYES:
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ABSENT:
PASSED: , 1981
APPROVED: , 1981
PUBLISHED: _ _ , 1981
Village President
ATTEST: •
Village Clerk •
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ALO GROG''
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cnety RCrt0A MtvC�. c�,/J t! l (glove SW 60090
June 2, 1981
Mr. John Bye, Manager
Koenig and Strey, Inc.
Country Court
165 W. Dundee Road
Buffalo Grove, Ill. 60090
Dear Mr. Bye,
At the recent Zoning Board of Appeals meeting, May 19, 1981, a request
for variation of the Sign Code, Section 15.30.030i was made by Mr. David
Stein of Irving's For Red Hot Lovers.
After much discussion, the matter was tabled until Tuesday. June 16, 1981
at 7:30 P.M. to allow time for a possible agreement to be reached that will
be beneficial to all concerned parties. A suggestion was made that Koenig
and Strey might favor exchanging the Pylon Sign for two wall signs. The
Pylon could be used for identification of the tenants of Country Court.
A copy of the minutes from this meeting are enclosed. You are requested
to attend the June ZBA meeting and work with the Village Commissions to
�.J come to a helpful solution to several signage problems.
Your co-operation in this matter will be greatly appreciated.
Yours truly.
VILLAGE OF BUFFALO GROVE
Richard Heinrich. Chairman
Zoning Board of Appeals
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