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1983-04-05 - Zoning Board of Appeals - Minutes SPECIAL MEETING ZONING BOARD OF APPEALS VILLAGE OF BUFFALO GROVE, ILL . TUESDAY , APRIL 5, 1983 I . CALL TO ORDER Chairman Richard Heinrich called the meeting to order at 8 :08 P.M. at the Village Hall on Tuesday, 5, 1983. The Special Meeting was held to review the request of Mr. John Munic for variations of Sections 14. 20.070 and 14. 20.030 of the Municipal Code , for the purpose of erecting a ground sign at : 195 W. Dundee Road. II . ROLL CALL Commissioners Present: H. Hefler, J . Quick, M. Kearns , D. Stolman , M. Perlman and R. Heinrich. QUORUM. Commissioners Absent: F. Manzo Building Department Liaison : Mr. Ray Henning, Housing and Zoning Inspector Village Attorney: Mr. William Raysa Village Board Liaison : Mr. John Marienthal , Trustee III . APPROVAL OF MINUTES March 15, 1983 - Postponed until April 19, 1983 Regular Meeting . IV. BUSINESS 195 W. Dundee - Formerly Poppin Fresh Barry' s Bar-B-Q and Brew Ground Sign The Public Hearing Notice was read and Mr. John Munic was sworn in . Mr. Munic resides in Northbrook. He is the owner and principal of Barry' s Bar-B-Q and Brew, Inc. Mr. Munic thanked the Zoning Board for holding this special meeting . He presented a new ground sign , 12 ' 6" by 6 ' 7" on a 3 ' pole to be erected closer than 500 feet from the nearest pylon sign and located approximately 2 ' from the property line. The set back requirement is 10 ' and a variation of 8 ' would be necessary (Section 14.20.030) . It would be located in the area where the old ground sign was East of the pylon sign . It would be West of the driveway. There is an overhang on the building that would limit sight of the sign if it were placed within the 10 ' setback . There is also a tree that would obstruct the sign if it were placed within the 10' setback. Mr. Henning added that the height would prevent it from being located under the overhang. Com. Quick commented that the sign would look like a wall judging by the size and asked if a traffic study had been made . There has not been such a study. Mr. Marienthal commented that cars would have to cross the sidewalk before the driver could see the on-coming traffic. This problem was discussed extensively and various locations were proposed: 1 . Closer to the building - there appears to be about 5 to 6 feet that could be used, but Mr. Munic did not think the sign would be seen. 2. Raising the sign to a height of 4 feet - would not correct the problem because all vehicles are not going to be automobiles. Mr. Munic said he did not want to create any negative problems. It was agreed that most people will be using the Dundee Road entrance, not the Ellen Drive to the West. Line-of-sight must be acceptable. Com. Hefler felt that the sign could be moved back as much as 6 feet and added that in a similiar situation, he is not asking Schaumburg for a varia- tion. For a hotel , they are going with a ground sign and meeting the set- back requirments. He said in his situation, line-of-sight is better when the sign is back farther. He also reminded Mr. Munic of the problem he would have with snow removal if the sign is too close to the sidewalk. Com. Kearns expressed concern about the danger to kids on bikes coming down the sidewalk, and joggers, etc. that might not see cars coming out of the Dundee Road driveway from the West. He is concerned about the safety and welfare of the residents, as well as cars entering the traffic flow. When the Watch Commander was asked to come up to give an opinion, Mr. Marienthal commented that he would prefer to have a regular review of the traffic done by the proper people, than to give Mr. Munic a variation. and have to be told later that the sign would have to be moved. Com. Peter Lippert came in and was made aware of the situation. He was asked to make a comment. He said the only way to give an answer would be to go out and take a look at the location. He recalled that the old ground sign was not a problem. He said a 9' sign that close to the driveway did "bother" him. There is a stop sign at the driveway, and line-of-sight will be reduced by a sign the size of the proposed sign, with the speed along Dundee Road being 40 MPH. Removal of the tree was discussed, but the ZBA favored keeping the tree. Placing the sign nearer the corner was discussed, but Mr. Munic did not want it there because of the White Hen sign would obstruct it. Com. Hefler noted two problems: 1 ) The need for a sign. The petitioner has demonstrated the economic need for a sign; 2) The placement of the sign. The petition- er should not have an advantage over other businesses in Buffalo Grove. He believes there is sufficient space to put a sign within the 10' setback as the Code specifies. Identification of Mr. Munic's business is necessary but Com. Hefler stated that he felt there is an unfair economic advantage being requested that is not sound from a safety standpoint. He would be willing to compromise and allow the sign to be set back 4 to 5 feet, and subsequent to the police department review. Ch. Heinrich noted that the tree did block view of the original sign and that was the reason that a variation was given for the pylon sign. It was noted that a tall pine tree was also removed when the pylon sign was erected. Com. Kearns repeated his objection to the size of the sign and the danger it could cause to people in the community. ZONING=BOARD OF APPEALS April 5, 1983 - Page Two Mr. Raysa advised that rather than grant a variation contingent upon a traffic study, that the hearing be continued until the regular Zoning Board of Appeals meeting scheduled for April 19, 1983. By that time a report could be given to the Building Department. Mr. Munic was asked if he was willing to wait for the police traffic study and work with the Staff regarding placement of the sign. He replied that his whole reason for placing the sign as requested is for visability. He said that in order for the sign to be effective he cannot agree to place it where it will not be seen. He does not want to create a problem for either the Village or pedestrians. He wants to stay within the concept of keeping the area attractive and he wants to be proud of it. He will not do anything that would obstruct sight, and would consider moving it back to an area that would be visible. Com. Lippert informed the ZBA of what he will be looking at during his study would be the line-of-sight for people driving. Most people will see at a 4' level and since the sign is at the 3' level , a person at the driveway would have a limited angle of sight. A vehicle traveling at 40 MPH needs 150' to stop, so the line-of-sight must be increased. The height of the sign must be either raised so that people could see under it, or it would have to be moved back so that the individual driving could see from the North side of the sign. Farther West you move the sign, the greater the angle of sight from the drive- way and the higher up you raise it, the better an individual can see under it. He said the 4 ft. is an average line-of-sight level . The best location would be higher and as far to the West as possible. The study will come up with a minimum angle of sight for vehicles to stop properly in order to avoid a colli- sion. He will give a minimum distance. The co-efficient of the friction on the roadway type of surface determines the distance needed to stop, not the weight of the vehicle. Line-of-sight would be affected by the type of vehicle. Mr. Raysa commented that Com. Lippert might want to take the width of the sign into consideration as well as the setback and height. The reason that this is so important is because according to case law, Villages as well as individuals can be held liable for line-of-sight conditions. One case involves a munici- pality that had a tree in a parkway intersection that created a line-of-sight problem and the village was held liable. A logical extension of that would be the granting of a variance that did not provide an adequate line-of-sight, and in case of a problem, both the owner and the village could be sued. Mr. Raysa advised continuance of the hearing until April 19, 1983. Mr. Munic agreed to work with the Village Staff and the Police Department and work out the best alternative. He understood that the ZBA will take the re- commendation of the Police Department regarding placement of the sign because of health, safety and welfare. He agreed to reduce the size if necessary. The copy of the sign was reviewed, and it was noted that the Appearance Com- mission would approve the name as Barry's Bar-B-Q and Brew because that is the registered name of the business. Com. Stolman made a motion to continue the hearing for Barry's Bar-B-Q and Brew until April 19, 1983 in order to gather further information. Com. Quick seconded the motion. Roll Call Vote: Aye - Hefler Quick Kearns Stolman Perlman Heinrich Motion to Continue Passed 6 to O. Mr. Munic will be 1st on the Agenda. Nay - None ZONING BOARD OF APPEALS April 5, 1983 - Page Three. Mr. Manic said he hoped to open about the middle of May 1983. It will take about 6 weeks to have the sign fabricated. He expects that approxi- mately 15 to 30 per cent of his business will be carry-out. B. ANNOUNCEMENTS 1 . The packets for the April 19, 1983 meeting were distributed. Relative to the request for a Special Use Variation at 313 W. Dundee Road for the purpose of opening a Golf Supply Store and Miniature Golf Course, Ch. Heinrich expressed some concern. He asked that a full study be made by the Staff. He directed that the Engineering Department and the Build- Department be advised. Parking requirements should be defined to insure adequate parking for the particular Special Use. The Police Department should make a full survey of the traffic impact along Dundee Road as well as the possible additional cost of extra police duty. Com. Kearns noted that plans are approved for three large office buildings at Golf View and that will also increase traffic. ( Cedar View Project ) Ch. Heinrich said that because of the tremendous impact a miniature golf course will have on the entire area, it is important that Buffalo Grove residents be aware of the project. He asked that additional notices be sent. 2. Mr. Henning informed tha ZBA that with reference to the Plaza Verde Reader Board, Mr. Mary Hymen has contact the people who hold the service contract. It seems that this firm is having financial difficulty and is in the process of filing a Chapter 11 Bankrupcy. If they cannot get the sign operating, it will probably be removed. 3. Ch. Heinrich asked that the Commissioners be sure to attend the April 19th meeting, because if he is elected Trustee on April 12th, he may not be eligible to participate on the Zoning Board. Mr. Raysa said he would research the situation, because installation will probably be at the Board meeting on Monday., April 18, 1983. If Mr. Heinrich is elected Trustee, he would be a member of the review body that would hear any appeals relative to the April 19, 1983 meeting. V. ADJOURNMENT Com. Hefler made a motion to adjourn. Com. Stolman seconded the motion. The meeting adjourned at 9:08 P.M. Res e fully submitted, Shirley Bat , Secretary Zoning Boar of Appeals sb ZONING BOARD OF APPEALS April 5, 1983 - Page Four • aka I VILLAG-M OF' _ ! � , ETJF'F'ALa GROVE e*79,/ Matio Xlvd. . . " Xfiga,4 V4,494fie, gt coo90 �``eyea. eqa‘&1 812 -459 2525 April 6 , 1983 Mr . Henry Gilbert KRSS DEVELOPMENT CORPORATION 5617 Santa Barbara Hanover Park , Illinois. 60103 SUBJECT : Windfield Subdivision - New Model Dear Hank : I am pleased to confirm that on April 4 , 1983 , the Village President and Board of . Trustees accepted the Appearance Commission recommendation for the revised model at Windfield Estates . Should you have any questions on this , kindly direct them to Frank Hruby , Director of Building & Zoning . Thank you e e h � ! 1 s LLIAy R , BAILING Village Mana • - r WRB / em cc : President & Board of Trustees cc : Frank Hruby - cc : Don Hardt VILLAGE OF'S .'�, , BUFFALO C4-1R,CYNTM e*-9+ e& fq1/ Wrd. - _ ' eRfeffaio &owe, WI. 640090 C e.Oa/l 312-459 22525 Zdeaye wnanaex April 6, 1983 Mr, Terrence E. Fundakowski , Vice President McLENNEN & THEBAULT, INCORPORATED 1771 Commerce Drive Suite 104 Elk Grove Village, Illinois 60007 SUBJECT: Appearance Commission Recommendation - Wes Tech Dear Mr. Fundakowski : I am pleased to confirm that on April 4, 1983 , the Village President and Board of Trustees accepted the Appearance Commission recommendations concerning your project . Should you have any questions on the approval , kindly direct them to Frank Hruby, Director of Building & Zoning. Thank you. 141.AVAI 1\ WILLIAM R. BALLING Village Manager W RB/em cc : President & Board of Trustees cc : Frank Hrub cc : Don Hardt