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1981-06-16 - Zoning Board of Appeals - Minutes t 7 ; t ZONING BOARD OF APPEALS VILLAGE OF BUFFALO GROVE, ILL. TUESDAY, JUNE 16, 1981 I. CALL TO ORDER Chairman Richard Heinrich called the meeting to order at 7:42 P.M. on Tuesday, June 16, 1981 at the Village Hall. He announced that the order on the Agenda would be changed as follows: 1475 Larchmond Dr. — Irving' s (Sign) - Town Center. II. ROLL CALL Commissioners Present: Kearns, Manzo, Stolman and Heinrich. Quick — 7:55 PM. Commissioners Absent: Hefler Also Present: Mr. Jim Griffin. Asst. Bldg. and Zoning Adm. # Mr. Wm. Raysa, Village Attorney IVY BUSINESS #III. Minutes were deferred until later. A. 1475 Larchmon.t Drive — Kingsley G. and Patricia A. Bewley Article X, Section 7.4 — A; Rear Yard Requirements Ch. Heinrich read the Public Hearing Notice and Mr. Bewley was sworn in. Mr. Bewley expressed a need for additional family room space to accomodate his family. There are three (3) teen—age boys and they do not have room to entertain friends, etc. The addition would be identical in construction to the house. The request is for an additional 3.98 feet. Mr. Bewley said it would be a hardship to sell and relocate with the enonomy as it is at this time. The addition would not detract from the appearance of the community, nor would it affect the health, safety and::welfard of people in Buffalo Gr. Com. Kearns asked if neighbors have been informed? Mr. Bewley said he has spoken to all neighbors and none raised any objection. There were no neighbors present at the meeting. Com. Kearns made the following motion: I move we grant the petition requested by Mr/Mrs Kingsley G. Bewley, 1475 Larchmont Dr. to allow a variance to the Rear Yard Requirements of Article X, Section 7.4—A; of 4 feet. Hardship having been demonstrated. Com. Manzo seconded the motion. Roll Call Vote: Aye — Stolman Manzo Kearns H irtrich Nay — None. Motion Passed 4 to 0. Findings of Fact attached. The permit can be picked up in 10 days. Com. Quick arrived — 7:55 P.M. B. Irving's For Red Hot Lovers — Sign Code Variation David Stein — owner. — Section 14.20.030 (Municipal Code) Com. Kearns made a motion to remove this item from Table (May 19, 1981) . Com. Manzo seconded the motion. All Commissioners voted Aye. if di\ • ^ T • • • • • • A « « s • • • • • O • • • • • • • • Ch. Heinrich recA1.led that Mr. Stein had requested some time to discuss a possible solution to the problem he has because of the location of his store at Country Court. He hoped to negotiate with Koenig & Strey, Inc. but he said they were not interested in making the exchange. Mr. Stein also said that La—Z—Boy does not appear to be interested either. Mr. Hardt, Chairman of the Appearance Commission was present and stated he has nothing further to comment. The consensus of the AC is the same. The AC would not approve the addition of Irving's to the Country Court sign. Since the compromise was not accepted, the AC position would not change. Ch. Heinrich asked if Mr. Stein would prefer to have a lighted sign? None of the signs at Country Court have individual lighted letters. Mr. Stein rejected the idea because it would not give him any exposure from the West. Irving's is in a corner of the center with only exposure from the East on Dundee Road. Ch. Heinrich said that he has noticed a number of other signs at shopping centers where the center is identified with stores identified below in small letters. The problem was discussed but there was no real progress made. Since none of the other stores feel the need for further identification, and since there seems to be no way to satisfy the requirements of the Sign Code, the ZBA felt it necessary to call for a motion. Ch. Heinrich explained that either Mr. Stein could appeal -to the Vi1 1 A ge Board of the decision was NO, or the Appearance Commission could appeal the decision if YES. Ch. Heinrich said this was a unique situation since the store is not visable from Dundee Road. The center is poorly designed. Com. Manzo made the following motion: I make a motion to grant the petition for Irving's For Red Hot Lovers for a variation of Section].!.,20.030 of the Municipal Code under Sub—section A. Com. Stolman seconded the motion. Roll Call Vote: Aye — Stolman Manzo Heinrich Nay — Kearns Motion DENIED 3 to 2. Quick Mr. Stein was informed that an appeal could be filed within 15 days. Com. Manzo made a motion to DENY the petition made by Lar-Z—Boy for a variation to Section 14.200030 of the Municipal Code. Com. Kearns seconded the motion. Roll Call Vote: Aye — Stolman, Kearns, Quick, Manzo and Heinrich Motion to DENY passed 5 to O. Nay — None Com. Quick commented that he felt it is important to uphold the intent of the Village Ordinances. ZONING BOARD OF APPEALS June 16, 1981 — Page Two ti C. Town Center - Ken Tucker and Associates Variation of Art. XI, Sections 6.3.1 (J and K) as per Art. XIII, Sec. ((gg) Ch. Heinrich read the Public Hearing Notice. He inquired of Mr. Raysa whether `./ the Ordinance, which was enacted Monday, June 15, 1981 is in effect. It is. The normal 10 day, period was waived. this being possible because of Home Rule. Mr. Raysa explained the provisions of the new section. Ken Tucker and Associates was represented by Mr. Michael Gitlitz, Attorney; and Mr. Harold Eisenberg, Partner and Developer. The gentlemen were sworn in. Mr. Gitlitz presented the plat and explained the situation. Ken Tucker-and Assoc. have entered into agreement with 7 property owners to acquire land to develop into the Town Center. One particular owner does not wish to sell. In order to meet the requirements of the buffer zone, a variation will be needed for a small distance behind the stores. This is necessary in order to provide adequate parking space and entry way into the center. The plan was revised to move the buildings back to within approximately 12 feet of the boundary line. There is a substantial distance between the proposed build- ings and the existing buildings. Therefore the variation will not change the essential character of the surrounding property. Without a variation, the Town Center project could not be built. Screening of the buildings with plantings or a fence was discussed. The buildings are so designed that they look like residences and will have blank elevations in the rear. A fence would not be a good idea because it would create a walled appearance. All service areas would be enclosed. The area was discussed and questions answered. This is a unique situation and the surrounding property will not be affected if a variation is granted. No property owners were present to object. Mr. Ed Fabish, a resident was `./ present and said he objected to the plan and the request for variation because there is sufficient property to comply with requirements. He said his in- terest in the Town Center goes back ten years. The original concept was much different that what is being proposed. He felt the property owners should be protected by retaining the side and rear yard requirements. Ch. Heinrich responded_that a hardship exists because it has not been possible to carry out the original plan of development of the entire 88 acres at one time. Since some people will not sell, an irregularly shaped piece.of. land is being developed. The project has been carefully thought out and this is the only possible solution that the builder will consider. Plan Commissioner Mrs. Rosalie Kaszubowski was present and stated that this project has been the subject of many meetings. The Plan Commission definitely wants a Bike Path and_ no buildings along Rt. 83. It was the Commission's suggestion that the buildings be moved back. Hopefully the property to the West will eventually be integrated into the Town Center. That is the reason for the low profile buildings. The Commission does not want large trucks com- ing into the area. Adequate parking for the Jewel is necessary. The Plan Commission is satisfied with the concept and favors the variation. Mr. Gitlitz explained the future plans that are being considered for the en- tire Town Center. He is to meet with the owner of the property to the North, Mr. Gene Sayton soon and efforts to co-ordinate the project are being made. The Town Center parcel will be under 70 acres after street dedication, etc. Hopefully the Village Green will include a Theater and Band Shell. Efforts to acquire the entire :.site have been made, but costs are very high. Mr. Gitlitz concluded that the Village has actually compounded their hard- ship, but they are trying to co-operate with all the Village Staff's requests. ZONING BOARD OF APPEALS June 16, 1981 - Page Three Y n n w • • w w e s O • w < Ch. Heinrich asked for comments from the ZBA Commissioners. Com. Kearns expressed concern with the refuse containers. He lives next to a shopping center 'and feels that wind could cause a problem, blowing papers. etc. He would like to see the dumpsters well screened. Mr. Gitlitz said that most of the stores would be front serviced and would keep most of their litter in the store. Dumpsters would be screened. Ch. Heinrich polled the board to determine what type of screening was favored. Com. Manzo asked what materials the small stores would be constructed of. A drawing was presented and it was noted that the buildings are designed to look like residences. Appropriate shrubbery should be planted front and rear. There are no windows in the rear. There is not enough land to form a berm. Poll: Com. Quick: A fence would create a walled effect. Prefers shrubs. Com. Kearns: Shrubbery would be acceptable. Proper planning will eliminate any problems. Com. Stolman: Shrubbery would be acceptable. Mr. Eisenberg said they have a large landscaping budget already and would be willing to move some shrubs from the total plan. There will be a slight berm. The developer does hope to acquire more property at a later date. Com. Quick made the following I move we recommend to the Village Board that the petition requested by La Salle Nat. Bank: Trust No. 102816, %Ken Tucker & Assoc. relative to parcel identified as LAKE -431060 to allow, a variation to Article XI - Sec. 6.3.1(J & i);_ relative to 25•foot buffer. Such variation to be in accordance with Exhibit "A" - minimal shrubbery is to be planted in the rear according to the dictates of the Plan C om- mission. The berm is to be waived. (K). Hardship having been established. Com. Stolman seconded the motion. Ch. Heinrich asked if there was any discussion. Mr. Fabish commented that hardship has not been shown. He felt that since there is enough total property, the setbacks could be met. Ch. Heinrich said that hardship was established by the fact that without a variation the development of the Town Center would be dropped. And by the fact that the Village has caused part of that hardship by requesting certain placement of the building on the parcel. Roll Call Vote: Aye - Stolman, Kearns, Quick, Manzo, Heinrich Nay - None Motion Passed 5 to Findings of Fact attached. ' Item B cont'd. A representative from Lai-Z.-Boy came in and asked what the Board had decided relative to the requested variation. Ch. Heinrich explained the decisions that were made and said that since the Board felt La.Z-Boy had a large sign and sufficient exposure the request was denied. If Mr, Stein appeals to the Village Board, another hearing will be held. VI. ANNOUNCEMENTS Com. Quick asked if the Talent Bank has been consulted for a new commissioner. A meeting will be scheduled soon. - ge169.42.F APPEALS Page Four r v • • w . a .. s y a 410.1 • e • • s e *III. APPROVAL OF MINUTES May 19, 1981 - Motion to approve as submitted was made by Com. Kearns and seconded by Com. Stolman. Roll Call Vote: Aye - Stolman, Kearns, Quick, Manzo, and Heinrich Nay - None Minutes of May 19, 1981 approved and placed on file. June 10, 1981 - Motion to approve as submitted was made by Com. Kearns and seconded by Com. Manzo. Roll Call Vote: Aye - Kearns, Quick, Manzo, Heinrich Nay - None Abstain - Stolman (absent) VII. ADJOURNMENT Com. Quick made a motion to adjourn at 9:20 P.M. Com. Kearns seconded. The meeting adjourned by unanimous consent. Respectfully submitted, 13,:bEt„ Shirley Bates, Secretary Zoning Board of Appeals ZONING BOARD OF APPEALS sb June 16, 1981 - Page Five r i