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1983-02-15 - Zoning Board of Appeals - Minutes ZONING BOARD OF APPEALS VILLAGE OF BUFFALO GROVE, ILL . t./ TUESDAY, FEB. 15, 1983 I . CALL TO ORDER Chairman Richard Heinrich called the meeting to order at 8:10 P .M. on Tuesday, Feb. 15, 1983 at the Village Hall . II . ROLL CALL Commissioners Present: H. Hefler , J . Quick , M. Perlman , D. Stolman , F. Manzo and R. Heinrich. QUORUM PRESENT Commissioners Asbsent: M. Kearns Bldg. Department Liaison : Ray Henning , Housing: and Zoning Inspector Village Attorney: William Raysa III . APPROVAL OF MINUTES Dec. 21 , 1982 - Com. Quick made a motion to approve as presented. Com. Stolman seconded the motion . Voice Vote - Aye Unanimously. Nov. 16, 1982 - Com. Stolman made a motion to approve as presented. Com. Manzo seconded the motion . Voice Vote - Aye Unanimously. IV. BUSINESS A. 195 W. Dundee Road (Poppin ' Fresh ) Sign Code - Sec. 14. 20. 070 of Municipal Code Request made by Barry' s B .B.Q. Hickory Pit, Inc. Mr. Allan Goldberg , Attorney - 208 South La Salle, Chicago Mr. John Munic, Purchaser - Northbrook, Illinois The. Public Hearing Notice was read and the witnesses were sworn in . Ch. Heinrich referred to the letter from S & A Restaurant Corp, Dallas , Texas (Exhibit A) authorizing Mr. Munic to seek the sign variation as per his request. Mr. Munic has contracted to purchase the property with the stipulation that the extant pylon sign be granted a variation , so that it can be modified for Barry' s B. B . Q. Hickory Pit. A variation was granted by the Zoning Board of Appeals on Aug. 19, 1980 subject to removal of said pylon sign and replacement of the original low-ground sign, if the store closes . Should the business change in any the variation would be terminated . The reasons given by Poppin ' Fresh to show hardship included the state- ment that Buffalo Grove sales in relationship to other Poppin ' Fresh Restaurants in this area are down and signage was cited as the main reason . s ieaddy Jo peao8 6u uoZ Mr. Goldberg referred to his letter of request dated Jan. 24, 1983 which lists the hardship conditions that exist as reason for the need of a variation. Mr. Munic's business would be new to this community. It is important that the sign be allowed for identification purposes, particularly because of the way in which the building is situated on the property. Mr. Goldberg is a resident of Buffalo Grove and he stated that he did not know there was a Poppin Fresh here until he became in- volved i rt this action. Because the pylon is set back farther that the other pylons along the street and it cannot be seen when traveling East on Dundee Road. He noted that he recently drove back and forth to view the sign. From East to West the sign, when lighted at night can be seen, but from West to East it is virtually blocked from sight by the White Hen sign. The request letter (Exhibit C) states that one condition Of the sale is approval of the Village to continue use of the pylon. Another condition is approval of liquor license. Ch. Heinrich asked if the purchaser was aware of the fact that the original Poppin' Fresh sign was one of the first of the type of low ground signs. Buffalo Grove was cited for good appearance because of this signage. It was quite a traumatic experience for the Village when the variation was granted. Mr. Goldberg was aware of the award, but not the reaction of the Village to removal of the low sign. Referring to Mr. Robert Gordon's request on behalf of Poppin Fresh (Aug. 19, 1980 minutes) the concern was for better identification. Mr. Gordon said the pylon sign would allow sales to increase and allow Poppin Fresh to become more competitive. A letter from Poppin Fresh (Feb. 7, 1983 - Exhibit D) was read into the record which states that in comparison to the Poppin Fresh sales in the Chicago area - down 3% in gross sales 1981-1982; the Buffalo Grove gross sales for the same period were down 11/2%,indicating that the visi- bility of the sign was a major factor in minimizing the losses. Mr. Munic is impressed with the community of Buffalo Grove and wants to start a family restaurant. Hopefully it will be the start of a chain. Ch. Heinrich said the style of the pylon is different from most of the other pylons in Buffalo Grove, being a stark pole with a sign on top. The plans indicate removal of the leaf and change of face. Would a ground sign be considered. Mr. Munic said that any other sign will be less visible than the pole sign. He reasoned that should the pole sign be removed, people would conclude that the restaurant is no longer there. The building is set back from the lot line. By having the same sign with a different name, different colors, it will be noticed by former customers that a new business is there. Ch. Heinrich noted that if there is a new sign, people will know a new restaurant is there. There is an impact on everyone when a different sign goes up, it's a different business. He suggested that a new sign should have as much distance between what is there now for identification purposes, and a completely different look would accomplish that. Mr. Munic felt that re-location of the sign would cause less visibility. Mr. Goldberg repeated that the sign is important enough to make it a condition of the sale. The other condition of the contract is the granting of a liquor license. It is an either/or contract. No sign and/or no liquor = No deal. Without the sign, a particular hardship would exist. They feel the sign is not detrimental to the surrounding property owners, or to owners of existing signs adjacent to and across the street from the location. ZONING BOARD OF APPEALS Feb. 15, 1983 - Page Two Another point is that the sign passed the Appearance Commission once, and is not displeasing (according to the Sign Code Sec. 14.44.010-B, 1 & 2. The sign is in good taste, and sufficiently well landscaped so that changing the face will not basically change the character or the nature of the property. Ch. Heinrich said that the landscaping was acceptable when the ground sign was approved, but now the sign is just a basically a stark pole. Colors will be red and black lettering on a yellow background. The sign face can be addressed by the Zoning Board when considering the varia- tion. The request for 'draft beer' is a very unusual request, and is not normally permitted under the ordinance. It is an embellishment which requires specific approval . Recently, Osco Drugs was turned down when they asked for a 'liquor' sign. The reason being, it is advertising. The ZBA and the Village do not allow anything except identification of a business. Draft beer is not identification, and would normally not be approved. Mr. Goldberg responded that they were anticipating that question and they are aware of the Jewel/Osco signage. Mr. Munic feels it is in- herent in the mode of business being established, that the theme of a family restaurant that has a liquor license. It doesn't say wine and beer and etc. etc. This is implied in the concept. We are serving a a certain type of Bar-B. Q. "hickory pit." One that is desirable to be served with alcoholic beverages. The beer seems to blend with the imagery Mr. Munic is trying to portray. Mr. Munic said, "If we have Barry's Bar B Q, a first impression could be incorrect. The beer would give us an added draw to a certain group of customers. They go very well together - Beer and B. B. Q." Ch. Heinrich suggested that other means of advertising could be used more effectively. Such traditional means such as 'word of mouth' or newspapers usually work well . Mr. Munic said they planned to use other means, but they need every advantage they can get. Ch. Heinrich asked if the same conditions would apply if they did not get the Draft Beer but did get the variation for the pylon? Mr. Munic said "Yes" and Mr. Goldberg said that this is not a stipula- tion of the contract, but the sign will be the business logo. Ch. Heinrich said that since Mr. John Marienthal , Trustee Liaison could not be present at this time, they discussed the sign at the Village Board meeting Monday, Feb.14,1983. He is not in favor of the variation. He is concerned because it was granted a variation before because of a special consideration only by Poppin Fresh and he has the same concern regarding the sign face change. He would like to see the ground sign replaced. Com. Hefler said that while he is not in favor of the variation, thatIn support of the petitioner's case he would point out that it is difficult for one restaurant to follow another restaurant, especially when it has gone out of business. It is also hard to establish a new communication when following a 'national act' in a place that has a stylized look. He wondered if any arrangements had been made with Poppi.n Fresh to reconstruct the ground sign? He said it could be a financial: hardship. He added that big business depends upon mass media advertising, not the look of the place. An individual does not have the dollars to in- vest in advertising and must depend on looks and other means. ZONING BOARD OF APPEALS Feb. 15, 1983 - Page Three Com. Hefler continued by recalling the agony the Zoning Board went through when the request was made previously. The petitioner did not prove their case at that time. The Commissioner said he felt there is more merit to this type of case, but he is still not in favor of this variation. Mr. Munic does need better identification, but he would not approve draft beer on the sign. Com. Manzo said she was surprised to learn there is a Poppin Fresh Restaur- ant on Dundee Road when a friend suggested they go there. She expressed the question of the advisability of opening a restaurant there. She feels sympathetic to the need for better identification, not necessarily from signage, but from street advertising and other promotions. As for the 'draft beer' on the sign, she (as a parent) is not in favor of it. Ch. Heinrich agreed that as a father of 3 children, even though they like ribs, he would not be inclined to go into a restaurant with a draft beer sign. He would not think that it was basically a family restaurant. Mr. Munic said he has done a considerable amount of research into the area of business advertising and he feels that having beer is very much part of his business. A pie house does not serve beer, and people may conclude that it is now serving ribs instead of pies. The beer would make an impact, and the additional 10% to 20% of business it might bring would make the difference between success and failure. Com. Manzo said she felt that people would assume that they could get a drink there. Mr. Munic said he agreed that the location is perhaps not the best in the world, but he felt the beer on the sign would make a difference. Mr. Goldberg said that pizza places, for instance, are known to have beer and wine. As a resident, he would not like to see another closed business on Dundee Road. The econony has affected every type of business. Mr. Munic is looking for the ultimate edge to make his business work. Com. Manzo suggested a compromise. Would they be willing to accept the variation without the beer advertising? She would agree to that. Com. Stolman had no comment. Com. Hefler said his feelings are based on the fact that Poppin Fresh was granted a variation because there was already a business established that had made an investment in the Village. They were seeking to make the business more profitable. This. isn't the same situation. Mr. Munic has not made the same kind of investment as the original owner. Com. Quick noted that he had voted "no" on the variation before. He felt the ground sign was sufficient there, and he still feels that way. He would like to see the B. B. Q. business succeed and he would frequent it. He noted that Jake's Pizza down the street has no visible identification, but the business is always crowded. He is a strong believer in the Sign Ordinance and wants Buffalo Grove to be an attractive place to live. Com. Perlman commented that if Mr. Munic feels that the sign is important enough to include it in the sales contract, it must be very important to his business. For that reason, yet because the Sign Code says signage must be in good taste - he would say "Yes" to the pylon but "No" to the beer. He said because the ZBA denied Jewel/Osco the Liquor sign, the precedence has been set and he feels it is necessary to be consistent. The Commissioners were in general agreement to allow the pylon without the "Draft Beer" advertising. It was believed that the Appearance Com- mission could help in re-working the copy to be more attractive. ZONING BOARD OF APPEALS Feb. 15, 1983 - Page Four Chairman Heinrich made the following statement: The more attractive the municipality is and the thoroughfare is, the more in keeping with good taste the signage is, the more likely that the type of clientile Mr. Munic is looking for will be brought in for his business. The ZBA want to see him succeed. The entire thrust of the Sign Code is to establish good business for the Village. The adver- tisement of beer is against the intent of the Sign Code. He would not necessilarly vote for the pylon with only a change in face. He would like to see some totally new identification, to avoid the possibility of people thinking the new business is an extension of the Poppin Fresh. He explained that if they wanted a vote and it was denied, then an appeal could be made. The other alternative would be to have the matter tabled and return at a later date with an alternate plan. It is possible that the Poppin Fresh people would be willing to negotiate for the return of the ground sign. Com. Hefler commented that the intent of the Sign Ordinance is to allow businesses to be expressly identified only. For instance, if the sign contained "Good Food and Eats" he would still be opposed to it. There is no difference in what is being advertised. The goal of the Village is that signage is for identification purposes only. Consistency,as he views it,is that the sign is more than just the name of the place. Com. Perlman commented that Jewel/Osco was denied on more moral reasons. Ch. Heinrich explained that signs have been denied in the past because they were more than just identification signs, not just because they are excluding liquor. Mr. Munic asked if an alternative would be to put 'draft beer' neon signs in the windows. Mr. Henning confirmed that this is permissible. Mr. Raysa agreed. Com. Hefler recalled that the ground sign was a larger sign and would give better visibility. The pylon sign face is much smaller. Mr. Munic said his first impression of that idea is negative - and he repeated, "No sign - no restuarant." He hopes to retain the Poppin Fresh customers. He felt that people would think "the sign is down, there is no business there. " Ch. Heinrich repeated his suggestion to negotiate with Poppin Fresh to replace the larger sign. He added that he thought people would know a new type of restaurant was there and would want to come in. It was also noted that the location of the ground sign could be changed. Should the petitioner desire to consider these alternatives, and come back with a ground sign, they would have to have a variation for that also. After a brief conference, Mr. Goldberg stated that it was Mr. Munic's decision to keep the request as it is, with the "draft beer" and he wants to go for it as presented. Mr. Munic expressed his desire to have the entire signage B.B.Q and Draft Beer because it is very important to him. There being no further conversation, a motion was called for. ZONING BOARD OF APPEALS Feb. 15, 1983 - Page Five Com. Quick made the following motion: I move we deny the request made by Barry's B. B. Q, Hickory Pit, Inc. for Variation of: Sign Ordinance Sec. 14.20.070, regarding the existing sign at 195 W. Dundee Road. Com. Perlman seconded the motion. Roll Call Vote: Aye - Stolman Hef l er Manzo Perlman Quick Heinrich Motion to DENY request: 6 to 0. - Aye. Nay - None Mr. Raysa made the following comment.: The ZBA can consider 2 other items under Sec. 14.44.010, Sub-section B with reference to approving signage. B) Where insufficient evidence is shown for. hardship,the ZBA can consid- er the requirements fulfilled i f: 1 . The signage is in particularly good taste, and - 2. The entire site will be particularly well landscaped. Ch. Heinrich said that all sections of the Ordinance were considered. He informed the applicants that should they desire to appeal the decision to the Buffalo Grove Village Board, a letter of request must be filed with the Village Manager, Mr. William Balling, within 30 days per Section 14.44.090 of the Sign Ordinance. V. ANNOUNCEMENTS Mr. Henning distributed copies of a report listing Rear Yard Fence Requirements for Adjacent Municipalities at Village Boundary Lines, per the request from the ZBA in December. Mr. Henning asked that the ZBA consider the request to post signs on the property whenever a variation is requested. Other villages do this. The type of sign, and who would be responsible for making and posting the signs are questions to be answered. Ch. Heinrich said that this would be made a part of the revised Zoning Ordinance, and that the Village would furnish and post the signs. All variations would be included: Fence, Sign, Room Additions, etc. Mr. Raysa said that each individual ordinance would have to be amended. VI. ADJOURNMENT Com. Quick made a motion to adjourn. Com. Stolman seconded thelmotion. The meeting was adjourned at 9:15 P.M. Res ctfully submitted_ Shirley Bato,g, Secretary ZONING BOARD OF APPEALS Feb. 15, 1983 - Page Six . & X . Ai • 07779:7IA \ AIRBORNE CHARTER EXPRESS i DFW NO . 6143338 6606 LBJ Freeway Dallas, Texas 75240 - (214) 960-5000 January 21 , 1983 • Allan Goldberg , Esq . ALLAN GOLDBERG , LTD . 208 South LaSalle Street Suite 1860 Chicago , IL 60604 Re : Purchase Agreement - Poppin Fresh Pies , 4nc . ( "Seller" ) and John Munic ( " Purchaser" ) - Buffalo Grove , Illinois Poppin Fresh Restaurant , 195 West Dundee Road , Buffalo Grove , Illinois Dear Mr . Goldberg : The purpose of this letter is to document the 'Authorization of the captioned Purchaser , Mr . John Munic ( and you , acting in your representative capacity as his attorney ) , to seek from the City of Buffalo Grove such variance from its sign code as is deemed necessary by Mr . Munic to • augment the commercial viability of the captioned location for his intended purposes through modification of the extant pylon sign . One threshold inquiry of the applicable municipal officials may be the ownership of the property and the appropriateness of such permission being given by S & A Restaurant Corp . Both S & A Restaurant Corp . and Poppin Fresh Vies , Inc . are wholly- owned subsidiaries of The Pillsbury Collipany .. This company , S & A Restaurant Corp . , has been given management control of Poppin Fresh Pies , Inc . by Pillsbury . Enclosed is a copy of the Deed by which we originally ; ook title to the property showing the title to originally ae in Pillsbury Realty Holding Company . Title is now in Poppin Fresh Pies , Inc . through transactions by and between Pi11 ,3bury and its subsidiaries . • • • • a y Steak & Ale Restaurants • Bennigan's Taverns Poppin Fresh Restaurants . , we Allan Goldberg, Esq. January 21, 1983 Page 2 It is recognized that as a condition of the above captioned Purchase Agreement , Mr. Munic, as Purchaser, must reach an accommodation regarding the pylon sign with the City of Buffalo Grove. As is above stated, Mr. Munic and his legal counsel are hereby authorized to enter into such negotiations, take such actions, make such representations, and become a party to such undertakings as he deems necessary under the circumstances. Of course, Mr. Munic and his legal represen- tation are not authorized to make representations or subject Poppin Fresh Pies, Inc. or this company to any obligations or undertakings without our prior written consent specifi- cally given to or for any such matters. We do recognize that the Purchase Agreement as captioned has been fully executed by all parties and is a good and valid contractual undertaking and do intend to convey the property to Mr. Munic upon the terms and conditions as contained in the Agreement at such time as the contingencies have been, pursuant to that agreement , .fulfilled. You are authorized to present this letter to any appropriate authorities so as to accomplish the purpose for which this letter is intended. Please call if you have any questions. Very truly yo 11‘..ALMANiN William H. Peirson Legal Counsel WHP:cb • • • Cote. c vart z r~a cic the following notion: I move the val._l a 1i on rcque fA made by the N st 0 1 ibul toZ y C v1ti•�r 4i *: • . r+ Code 1,124.40.0.30 Care Gc:.t,�'�.._ 1.f.Jr �'i�,'.:a7.���'..`.� '_�C>�L� ����:o �Iarthi:i havi r g b3 cn demonstrated. The sti uelU t on ht ..n ry: the vary anCe is being granted :•or 120 days to r'c r:?11 the presented • r,i• and f any fur-}-hr. '^ ' .z lea.o r` st d that7.... the e b e made.., T` 1, the 120 daysr t,.:ir, request Lam:. L.�.��:. ��._I ��'t_�. 1 or forever be banned.. Corr. Finfer se co_lded tie motion. Roll Call Vote s taken: Aye .. Kearns. Heller. Finfer. Schwartz and Quick. Nay — i.on e Motion Passed S to O. Findings of Fact Attached. E e d) Pop-oi n t Fresh Pies. 195 11. Dundee Road Vari.ati on of Yuri ci e... Code — SeCt .Cn 14.20.070 .070 -- si mr..c7£: Mr. Robert Gordon 1Tas sworn in after the Public Hearing notice was �.., read. He testi .r.i e •i at, P o t-oi n t Fresh I s own 'c by Pillsbury nd is not a F rear,c se When it was built in, ►974. the Sign OrcUstiance fill owed a 19t sin and one was . requested, but h e Y i•_la{, a,:•kod that a low ;?.round n be erected bocaus r I , they �wereti:'`�'_'2 7 .�`.� E s'��.b� � :' c^.. new look. PO ZJ7 I1 t Fresh con-plied but ence that t. : ei stuii show that the sales in the Buffalo Grove business are the lowest of all other Zer _esta.zrG.. t,s. _.r. Gordon read `. letter giving, the figures. Buffalo Grove is 7 5,; lower than other lo c, Ui . e. Paso all others have e Dole sig G Other sirL~' riven variation were noted. Only Bonanza. and i �.. a �Po�� n Frey con li ed :.nth •he req os t for low slims. It was noted at Bonanza is now closed and that i o ►/int Fresh iYota d a iso closewithout a new sip.. r lien if sales do not increase with the nylon sign. the restaurant win be closed. Mr. Gorr'.r n related the nr oroci t� that the 1r• `tryBoard nado to r en e .�_ �; .on �__�.-� Village l�,c� the low si gn if sales d not increase within a one year nL ri od. It was noted that they did not :�.o� they had to come before the..Zpr and went. before the Village, Board a couple of ITeeks Ch. Quick. inforned :r. Gordon th t the ZBA decisions do notbefore go �ore the v:�? la e '2 o. nd. If the ?LA denies the petition then an appeal may be, rade. • Con. Feller challenged Hr. Gordon's reason for saying that sales are 1 ov be.. caus„ of the s1 t He said sales greatly depend upon service, management and quality, "��t �f••� • I,�'_'v�� r~•��~ I�`{7 h - r. �.,i.� •..;•.I•�- / ,4 r -y `'► y+j .�i � not L .,► a Esal s ai,c a L.:cc►.,_;a_l.�. �.e.ctor .Lo.,. 11ro.�. •t. not walkawalki n t' 'f,fit, that�- wouldr1. � n attracted bya i.Lrm. Ho a:reed t.:?. the sign � .S1 is not easy to se c..`end also noted that the food rake t is down all over . The fact that F opri n' Fresh is owned by a large coim,any should not make a di f feren ce i n the decision of the Z A. All should hn vo the sane rights. The c is c:ui ,r;Ion. contI nt{:c;d for some ti me and the Cormil ss i.oners all felt that some co.,nd t 'ti one w o ul i be necessary if a tire'1 i nce is granted.. Mr. Gordon exr.aaini thath.e Pill.^b`r yr uo'� e wore favorclosing the �l 1 ti 1. � �.1.. in V.L store now but .i;C tryi n ' to save it. 11 e t .'_!_'}eves the si.# 1 would give them the of nor Lull;ty to rc�...•i n° j .l. ni .r. 4,. • Y� t.�► VO .� tires. Z0t'IF'G DCA►?Tf C, i PPFALS f. - August 19. 1980 — Page Three CorQ F I.nleZ c1rirvJwne C his reluctance Le 4/vi e1J another pylon s ;n but t added that the Z?A'has a du i y to the coy-rt.f:i ty is co-operate Sri tb the busineef-_;en. He reco:_vii'zed the ..i tuatien a:; cue of reci T:r•_,cati on. The P ooicini Free. Co, did coircly with -ibe \l 1 et;ei c requestnowit is tine for the Village to help thee. ��._1 its c !r"�/ l c• m C."i goes r• CC: a •G•..•�..?ci, ,.Ol:�'�i.:.<<,a 'i.. ..1_�,.ia�,c. :,rl�:d: �hc re,.�"i:al';'::.n t if it in sold? Gavi ifi n felt teat it could and that the Sill face could be ch2nged. • The C^:..ci ssi en felt that a stipulation would. be necessary to trot ct the Viila.za from Legal :•o nyG e n^ ;.Ma.p sig:n r e ro sti _e. tr. Go:v.o_a said that studies have been mite s u.,ri r g s+{^rZage Truthfully..`T.. • • certain variables exist, however. he 1:•Ji.% indicated that stores haring Pylon had ha ', r sales than otCr >• with the signs. He Ul al s to 7 n 1e 11 + s'' r1 e + t 'o1' 1 r '�e �. S•..='3C �,�. intn�c,.L �.n t'.� f",�_ C� ,F 't °e t:, 'r�ea_r cor,p�.ai nits. etc. He rene ed, his request for help because of the hardship ip heretofore stated, and agreed to replace the low sign if sales do not increase. • Con. G'i'.i ck said V-ia tt no real correl t i on has been shove that sales are low ecause of the ground sign or if they coal? have had better business if they had the hi c:er s-i gn. The Village would ,,refer to see less nylon • si fn s. rather than more. Mr. Gorden felt he has shown hardship and said that they spend thousands of dollars on advertising but because of the identity problem it is going out the i;rindo. If the sign does not help - it will core doe, after one year, Con. F afer made the following motion: • I rake a motion we approve the requested variation by Ponpl.r.t Fresh:n Pies, 195 U. Dundee Rd.?, pursuant to i':uri cipal Code -. Section 14.20.070. Hardship having been shown. Further stipulation: should the gross dollar value not increase by 10:1, wi.t i.n a calendar year, the pylon sign cones dote. Also further state that if during that one year the Pone ni Fresh restaurant should be cold the s r Fresh N sold.s u1.-�. comes down,to be ?replaced by the orig=nal ground sign. There was no i oedit.te second to the motion. Co:. Heller said he did not agree with tee stipulation because if the hardship is real then the sign_ is a neec.:.,i t•.. If we say within ene year if sales do riot increase 1074 the :sign :e it's not fair,, It in true that ::ere is unfair signago thea_,_o,, the restaurant rac ,rthe � • sign is not for �:._: �. the e,��::.�u..�;�i�rt is set �...�c:� from street...mot the sign • ;fell lighted, it is an evening traffic place. t''e should recognise that the hardshiic is the unfair competitive edge, r Ze stipuJ_a lien should be • u sited to the condition that the sign does not run with the land. After 'ZiC'.`6. disCu'.s;loll. Er. Geideei sube lc d a letter be sent free Pillsbury ate' ei to thedecide to close •1 "7 _r,(" , re Place Cl r� ."'1 i groyne', c-j f'%1 <•��� �,•i� they i• ,� the} • , .f;.._� This letter•3!-a '1 � l• r+-� •re n before ,e • stove l:• at any t��it..s w, 1G lr 4C::. S•!G't.'ui•, be �.�.C'1ii.__:..� a Z.t.,rri�.t is issued. The Zc3.i Cotr1i�S'i.Grers agreed to this s Drovi^:i on. -Con. F inf er t:;thtirew the nrcvi ells not;on and restated it as follows: T move we approve the vari ati on requested by Potpie' Fri;_,li Pies., 1''d H, Dundee Lad.►-u'.'z',:on t to Hun1 ci isl Cod;; . i.s c„i o:Z .as- •� c ) ra.{ lie-.Y�1Ly� Il...•1� �1�1��:�,t.:_ Ll dw The variation ;s to be g s u'-b:l 0u 5 i e ct to the recc• t of r, letter from ) ]1 vy , or'1.r l on st;t itg Hint if they close the a.+...o-ol. the pylon • si Fn will be reco•;rccl and the Pout a t Fie:.t: •••. continued o:t.r.. 'l(J 1?it P.I'PP,ALS . I'opm.nt Frech : of .Gn continued. . . . low ,ro'.:rzd sir-n i S to ho renla.codG It i.s further , , stirulated that a permit 'is not to be ;;7•u- 2_ by the ;..ci_1d3 nit 1%e..)rtniunt until this letter ha:,, been received. CO : . Schwartz �tecOndcd the motion. Roil Call Vote was taken: Aye — i'enrr_,o, l oflor, Schwar L'r and Fin r Nay — Quick lloti on P .ss .. 4 to 1.- • 111 . Gordon 1iv.S inio.i. Jged that he must now go before the Ap'- �.'a►1 fir✓ c r. '♦rith t��e si 1 i e C r.:eOt s on �' es .S 1 v ..J ...:: Coiir�.'1,,�51rJ.1 � :__Ci�'' .: Ca:i �„r.,or,�n„ ,► ,. • • the arid and 4 l,j^ ri n=c1..;rs of each i ont?n0 frw ,r1 f+1 n kri. __i need 10 conies of the si r n for the Conini ssioners 2. , E midi ngs of _ ac tt A t,tacnc!, r. • • Ch® Quick shared 1•71_t~h the ZD A that on his recent trio to Palo Alto. Cal,f ran t� } �f C he rt .� • a Deauti_?i.: ti�/ r7- The i,��.i^S. 1•ri thth t or !•mil . C '1-� k was V A.0 C 1. t. .I.S c.. �.�_c:..,.,e l.t. 0 . • r+ Y^� f�� n n r'+ Y�i..,.-�^^��'r n� 1 �� on ,Van t''•{ �"�"1 • n �;'�'•'• r • 1't i� C'�� do5..r ►�asiTie.�s ha.� y,ned to rhe.. � elmi ng Corm:-:I1 2 on en_d . a been t e kr-y drafter or the Si.gf.t Crdli :once a They �i nc] uC'ced a re tro -ac ti ye G'''j �C�rl that r.�♦ i � •2_ r-r1 1'�r� �" n T ' � �' C � rt%l C in �n • f ' �r .l.a�. •..a,• t'�..t made t v :.:c..+.r...�. l�c.� � 'o.. all 1�.! r.,,.N r e \Ti1�. c to con.1.on i to :.e S-'_ a1 Cl'i' 2.--ic:: ' 1 thin five ;�) years; 1 0 cl ause has 1•Ti th ttG d the test of the c our 3i n the st^te of Cali f o r i.a, n ti111(! ►J Lam=c that ,-tre -a 7a be n f; 7 c s C� to investigate v ��-'b� �, �.1 �.� ►1 lA: c ,7 n ^� � N �' �� C V-...a�_tt.d c.'Z� C.:�aJ`_C� 7 r: V�s-v1 f"a��A •Vi_E; pos& bi lity o��' Ince►"V-.r�tin' a DT riV i s on in our S► '",i Crcii `�7?r'� in E, G. wi �. . .•. �:w. i , such i. �..L. !�• .1 •►.�:�. w:.L..i�..V'♦ w The Con.r:ii r s7.on acr tee! that this should be further discussed cussed at the next meeting e f• rc Quick trill try to secure a cony of Palo Alt:t s Si ct'- 1 Coded F r 6. ALr50,7a, , ,,... I I Come Schwartz r-ode a motion to adjourn the meet n ' at 9:15 P.1.1. Com„ r3_nfer seconded the motion. The meeting was ad,1 ournod by unani incur consent. Resuoet.fully sub7Yitted. j „.1.,,LAle 4 6 0 ---Aze„.2......) 1 , Zoning Don!�C.t of .E per``ala . t t • Ld . M • t"Dr cl .- ♦t i 1 1.E ,� ��` CP �.� IA.I_J..,.i sb Augiv t 12. 1"-'.0 - Pare Five • w , • Law Offices of Allan Goldberg, Ltd. 208 South LaSalle Street Chicago, Illinois 60604 (312) 782-2500 January 24 , 1983 �.. Buffalo Grove Zoning Board of Appeals • Fifty-One Raupp Boulevard Buffalo Grove, IL 60090 Re: Application for Variation of Municipal Code Section 14.20. 070 - Signage 195 West Dundee Road Gentlemen: This letter of hardship is submitted on behalf of our client, Barry's BBQ Hickory Pit, Inc. , in accordance with the provisions of Section 12.1 of the Village of Buffalo Grove's Sign Code, as amended. Our client has entered a lease agreement with John Munic who has entered into a contract to purchase the land and improvements located at 195 West Dundee Road, from Poppin Fresh Pies, Inc., an Iowa Corporation, ("Poppin Fresh") including the existing free-standing pylon sign. One of the conditions of purchase is that our client obtain approval from the Village of Buffalo Grove to continue using the pylon sign. On August 19 , . 1980, the Zoning Board of Appeals approved the application for variation filed by Poppin Fresh to erect the existing pylon sign, on the condition that the sign would be replaced with a ground sign should Poppin Fresh decide to close or sell the store at any time. A strict application of the provisions of the Sign Code would cause our client undue and uncessary hardship for the following reasons: 1. The unique conditions of the site, which resulted in a set back of the building from Dundee Road further than adjacent- commercial establishments, create a serious lack of visibility to the public, particularly traveling eastbound . 2. The visibility problem is further compounded by the existing landscaping on the west side of the site. • 3. Adjacent commercial properties have free-standing pylon signs which are closer to Dundee Road than the subject site. • Buffalo Grove Zoning Board of Appeals January 24, 1983 _.. Page Two 4. The applicant is a new business venture with no { identification. The applicant, therefore, believes that the continuance of the existing free-standing pylon sign will enhance the likelihood of consumer recognition and success for this new business. In short, our client is very concerned about a lack of identifi- cation with respect to this new business venture. Additionally, granting the requested vaiance will not be materially detrimental to surrounding property owners because (i) the existing sign is already in place and (ii) the adjacent commercial establishments already have their own free-standing pylon signs. The design and structure of the existing pylon sign was approved by the Appearance Commission in 1980, and was considered to be in good taste. Our client has no intention of changing the design of the existing pylon sign except for removal of the stem { and leaf from the top and the face plate. In addition, the entire site has already been landscaped in accordance with Village requirements and heretofore has maintained an appearance of an outstanding nature. The continued presence of a pylon sign will not detract from its appearance. For all of the foregoing reasons, we respectfully submit • that our client would suffer an undue and unnecessary hardship if the pending application for variation were not granted. Very truly yours, ALLAN GOLDBERG, LTD. By: (\poolp,07,40;1\1 4 - Allan Goldber cc: Barry's BBQ Hickory Pit, Inc. Poppin Fresh Pies, Inc. • • r, r February 7, 1983 Village of Buffalo Grove Zoning Board of Appeals c/o Coldwell Bankers 1800 Spring Road - Suite 400 Oakbrook, Illinois 60521 Re: Poppin Fresh Restaurant, 195 W. Dundee Road, Buffalo Grove, Illinois Gentlemen: As you may be aware, we are contemplating the sale of the above-referenced property. The Village of Buffalo Grove granted a sign variance to Poppin Fresh Pies, Inc. , in 1980 in order that our restaurant could have greater visibility from the highway. The presence of the sign seems to have increased our gross sales in 1980-1981 . The 1981-1982 gross sales were adversely affected by the severe winter conditions in the Chicago area. Our records reflect that the total gross sales for all of our restaurants in the Chicago area were almost three (3%) percent below the 1980-1981 sales. In comparing the Buffalo Grove gross sales with the Chicago area gross sales, the Buffalo Grove gross sales were only one and one-half (1-1/2% ) percent below the 1980-1981 sales. In our opinion the visibility of our sign was a major factor in minimizing the gross sales loss. If we can be of any further assistance, please do not hesitate to contact us. Sincerely, Ang a Reyn CLA Legal Assistant AR:mfc POPPIN FRESH RESTAURANTS, P.O. BOX 110, MINNEAPOLIS, MINNESOTA 55440, 612-542-9965