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1983-04-19 - Zoning Board of Appeals - Minutes ZONING BOARD OF APPEALS VILLAGE OF BUFFALO GROVE , ILL. TUESDAY , APRIL 19 , 1983 I . CALL TO ORDER Com. John Quick (Vice-Chairman) called the meeting to order at 8 :07 P .M. at the Village Hall , on Tuesday, April 19, 1983. II . Commissioners Present: H. Hefler, J .Quick, M. Kearns , F. Manzo , D. Stolman , M. Perlman and R. Heinrich (arrived at 8 :25 P.M. ) Commissioners Absent: None Building Department: Mr. Frank E. Hruby, Jr. , Director of Bldg . & Zoning Mr. Ray Henning , Housing and Zoning Inspector Village Attorney: Mr. William Raysa III . APPROVAL OF MINUTES March 15, 1983 - Motion to approve made by Com. Stolman and seconded by Com. Perlman . Roll Call Vote : Aye - Stolman Hefler Quick Perlman Nay - None Minutes of March 15 , 1983 approved. Abstain - Kearns and Manzo April 5, 1983 - Special Meeting - Motion to approve made by Com. Stolman and seconded by Com. Kearns . Roll Call Vote : Aye - Stolman Hefler Kearns Quick Perlman Nay - None Minutes of April 5 , 1983 approved. Abstain - Manzo IV. OLD BUSINESS A. Barry ' s Bar-B-Q and Brew, Inc. - 195 W. Dundee Rd. Sign Code Sections 14.20.070 and 14.20.030 B John Munic, Owner of Barry' s Bar-B-Q and Brew, Inc. was present for the continuation from the Special Fleeting of April 5 , 1983. Two reports were submitted by the Village Staff. Keith L . Mac Intyre , Engineering Technician reported on April 18, 1983 that the sign should be a minimum of three (3) feet south of the existing back of the walk, and have a clearance of five (5) feet (top of ground to bottom of sign) in order to obtain the proper sight distance . Commander Peter Lippert, Police Department reported on April 15 , 1983 that the sign as proposed would pose a definite safety hazard. He said , "A solution would be to reduce the width of the sign , have it further south of the sidewalk , and raise the sign higher than 3 feet from the ground. " Mr. Hruby commented that the Building Department agrees with the report of Commander Lippert. Mr. Henning said that when he, Mr. Munic and Mr. Mac Intyre viewed a mock-up of the sign from various positions to determine possible line-of- sight problems that would be created, they found that at the 3 ft. height, there was no traffic obstruction, but there could be pedestrian obstruction. Someone on a bike coming down the sidewalk at that particular point might not be seen if the sign was 3 ft. from the ground. By raising the sign to 5 feet, there would be absolutely no interference or: traffic problem. Two types of vehicles were used to check the visibility: a Chevette Scooter and a Chevelet Blazer. Tests were made on Dundee Road as well as Ellen Dr. and the sign did not cause any obstruction of view. Mr. Munic stated that he is aware of these reports and is willing to comply with the recommendation to raise the height of the sign to 5 feet. Com. Kearns expressed concern about foot traffic; and the possible increase in all kinds of traffic should the proposed miniature golf course be ap- proved. Attention should be given to this concern and suggested the sign be moved to the West, and/or moving it back an additional 2 feet, as well as raising it to 5 feet. Mr. Munic objected to moving the sign back because that would lessen the visibility. Other signs and a tree would obstruct it from the West. If it is 3 feet from the sidewalk, at least part of the sign is visible going West to East. Moving the sign further back would bring it too close to the building overhang and it would look better if it is centered in the planted area. The sign will be constructed on a center post. NoW Com. Hefler commented that if the sign is located 3 feet from the sidewalk, it will still be a safety hazard to pedestrians. He noted that the Ordi- nance calls for 10 feet and the variation requested is for 8 feet, because the sign will only be 2 feet from the lot line; not the 3 feet from the sidewalk-that is being quoted. This concern should be addressed because of the ordinance as well as the safety hazard the sign would cause. Com. Perlman expressed agreement that the height should be raised and also the setback should be greater from the sidewalk. Mr. Munic repeated that because of the location of the building and the overhang, he cannot comply with the 10 foot setback requirment. He said that if the sign, if granted a variation, is erected and creates any hazard, he would be willing to move it. From what he has seen with the mock-up, and the studies that have been made, there will not be a problem. Commissioners Stolman and Manzo made no comments. Com. Quick said that at this point, should a vote be taken, the variation would probably be denied. In this event, Mr. Munic could appeal to the Village Board. It seems apparent that the ZBA would like to see the sign moved back farther. Mr. Henning said that the sign could probably be moved back 3 more feet before it would hit the overhang. Mr. Munic offered to compromise and go 1% ft. farther back, but he would like it to be as close to the sidewalk as possible. Com. Hefler said he would agree that a variation is needed. He would support a variation of 5 feet, or 50% variation. ZONING BOARD OF APPEALS April 19, 1983 - Page Two Mr. Henning supported this request because the eve projection of the overhang is actually 5 ft. 6 inch. If the sign were moved 3 feet back, it would actually be in contact with the building and would be too close. He would suggest a minimum of 1 foot away from the building, which would be a variation of 6 ft. and would place the sign 4 feet from the property line and 5 feet from the sidewalk. Com. Kearns suggested changing the size of the sign from 6' x 12' to 6' x 11 ' which would make it low enough to be set back farther. Com. Hefler said he felt the size 72 sq. feet (6' x 12' ) is not extravagant, and commented that Mr. Munic has shown his patience in wanting to work with the Village Staff in compromising with the ZBA to have his sign. Com. Hefler made the following motion: I move we grant the variation to the Sign Ordinance requested by Barry's Bar-B-Q and Brew, Inc. owned by Mr. John Munic, Section 14.20.070 of the Municipal Code for the purpose of erecting a pylon sign closer than 500 feet from another pylon sign; and Section 14.20.030 B - regarding set back. The setback shall be varied to 4 feet from the subject lot line. Sign to be located as per exhibits, plat of survey, and the recommendation of Keith L. Mac Intyre, Engineering Technician for the Village; and pursuant to the sign exhibits as presented. Said variation is granted to the sign, Barry's Bar-B-Q and to Mr. John Munic; not the property. Variation is granted under Section 14.44.010 A of the Sign Ordinance. Hardship having been shown. Com. Stolman seconded the motion. Roll Call Vote: Aye - Perlman Manzo Hefler Stolman Heinrich Nay - Kearns Motion Passed 5 to 2. Quick Ch. Heinrich wished Mr. Munic success and informed him that he could pick up the permit in 15 days. Findings of Fact Attached. B. 875 Saratoga - Lee and Edward Gilio Article X, Section 6.4-a, Rear Yard Requirements Mr. Gilio was sworn in and the Public Hearing Notice was read. He stated his request for a variation fo 5 feet into the rear yard setback in order to screen in his patio. He presented a brochure from Howmet depicting the type of room he is planning. Cora. Quick asked if Mr. Gilio had discussed the plan with his neighbor, Mr. Robert Zoperstien at 864 Lehigh Lane. He had not. ZONING BOARD OF APPEALS April 19, 1983 - Page Three The construction will be aluminum. Mr. Gilio explained that he has recently retired and wants to enjoy his home. He had planned to make this improvement ever since the house was built. He needs the space and could not purchase another home. He has a part time job in Buffalo Grove and likes living in the Village. Com. Quick made the following motion: I move we grant the request of Edward Gilio 875 Saratoga for a variation of Article X, Section 6.4-a of the Zoning Ordinance, pertaining to rear yard requirements, for the purpose of constructing a screened porch. A variation of 5 feet is granted. Economic hardship having been demonstrated. Com. Manzo seconded the motion. Roll Call Vote: Aye - Stolman Hefler Kearns Quick Manzo Rerlman Heinrich Motion Passed 7 to 0. Nay - None Findings of Fact Attached. The permit may be picked up in 15 days. C. 13 Crestview Terrace- Douglas C. Cranmer Article X, Section 4.4-2, Side Yard Requirements Mr. Cranmer was sworn in and the Public Hearing Notice was read. He stated his request for a variation of 2 2 feet for the purpose of constructing a two-car attached garage. He has no garage and he feels that the market value of his property will be increased with a two-car garage. His lot is 94 ft. wide, but the house is off-set and he is close to the side lot line. Because most of the people in the area have 7' -8' side lot because the requirements were less when the houses were built. Mr. Cranmer planned to add the garage to his house sooner, but he did not have the money. He cannot afford to move to another home. Even though his house is 25 years old and many of the houses in the area have no garages, the area close to him is only 10 years old and all have two-car garages. Com. Quick commented that to the rear of Mr. Cranmer is Stonegate and would be the most effected, but should be no problem. The North, the neighbor is about 25 feet away because of the cul-de-sac. Mr. Cranmer already has a 16 foot driveway and that is where he currently parks. Mr. Cranmer commented that this neighbor has offered to sell him the needed three feet if necessary, but he does not want to have to do this. The other hardwhip that the Cranmers have is caused by children who cut through coming from St. Mary's school and others who ride bicycles through his back yard. With the garage, the area will be cut sufficiently that much of this unwanted traffic will stop. ZONING BOARD OF APPEALS April 19, 1983 - Page Four Com. Quick agreed that the garage would enhance the property. Com. Kearns asked about the walkway being shown on the plat of survey. Mr. Cranmer said that the walk will be removed and the garage will be attached to the house. Com. Quick made the following motion: I move we grant the variation requested by Douglas C. Cranmer at 13 Crestview Terrace, relative to Article X, Section 4.4-2, pertaining to the side yard requirements for the purpose of constructing an attached garage. Variation being 2% feet. Hardship having been demonstrated. Com. Stolman seconded the motion. Roll Call Vote: Aye - Perlman Manzo Quick Kearns Hefler Stolman Heinrich Motion Passed 7 to 0. Nay - None Findings of Fact attached. Mr. Cranmer was advised that he may pick up the permit in 15 days. D. Lot 83, 497 Cameron Way - KRSS Development Corp. Article X, Section 6.4-3, Rear Yard Requirements Mr. H. A. Gilbert, represented KRSS Development Corp. He was sworn in and the Public Hearing Notice was read. Mr. Gilbert is a general partner in KRSS. He explained that the situation is unusual because KRSS has a purchaser that wants the house built to satisfy the needs of a handicapped child. Because the child needs a wheelchair, a ranch house is necessary. She also walks with a walker. In the future, an addition for a water facility to be used for therapy is planned. Lot 83 is the only Lot in the Sub-division that would be wide enough for the future addition. In order to situate the house on the lot, the rear yard would be about 11/2 feet short of the required 35 feet. Com. Quick noted that there are 3 other houses built that would border this house, but they are not occupied. Mr. Gilbert said that one of the three houses (Lot 10) has been sold and the new owner has been notified. The other two houses have not been sold yet. He added that the contract purchaser of Lot 83 cannot move into Buffalo Grove unless they have this variation. Com. Hefler noted that the situation is unique because the owner really has no hardship. Even if he lost the sale, there are other buyers. If he had a conditional contract, then the purchaser could come in and request the variance. Mr. Raysa said that he understood the situation, and the hardship of the purchaser would be economic, since he would lose the sale. But, technically, he has no hardship. The question also was raised about the future addition. Would it need a variation? Mr. Gilbert said the purchaser would not need another variation, if this house is purchased, because there is enough room to put a 10' to 15' addition on the side. They do not have the money to have it built at this time. ZONING` BOARD OF APPEALS April 19, 1983 - Page Five The Board discussed the possible methods of granting this variation. Com. Manzo suggested stipulating that the variation be granted only if Mr. and Mrs. Mace purchase the house. Com. Kearns recalled that in a similiar situation, it was necessary for the developer to notify the purchaser of the existence of a variation. Com. Stolman made the following motion: I move we grant KRSS Dev. Corp. a variation of Article X, Section 6.4-3 pertaining to rear yard requirments on Lot 83, at 497 Cameron Way. Variation of two feet is granted for the purpose of constructing a house in the Windfield Subdivision, with a rear yard of 34.5 ft. The petitioner is acting on behalf of Mr. and Mrs. Mace, who are the contract purchasers for this house. Medical and Economic Hardship having been demonstrated for the contract pur- chaser. Com. Manzo seconded the motion. Roll Call Vote: Aye - Perlman Manzo Kearns Hefler Quick Stolman Heinrich Motion Passed 7 to 0. Nay - None Findings of Fact Attached. E. 313 W. Dundee Road (Former Gentry Home Furnishings) Michael W. Sullivan - Sullivan Recreations, Inc. Article VI, Special Use - Section 2.12 Mr. Michael W. Sullivan was sworn in and the Public Hearing Notice was read. Ch. Heinrich acknowledged the residents that were present and noted that because this is a very unusual request, Staff comments be given before the petitioner presents his reasons for the Special Use Permit. Mr. Frank Hruby, Director of Building and Zoning, reported that the Staff has conducted a study. The project was reviewed by the Planner, the Police and Fire Departments. The Fire Department was consulted be- cause of the Paramedics would have to have access to the site. The pro- perty is zoned B-1 and the miniature golf course is not a permitted use. The Staff reviewed three documents: 1 ) Plat of Survey with the Layout of the proposed golf course. 2) Booklet providing information about Sullivan's Recreation and and Emerald Isles Golf Courses. 3) April 12, 1983 letter to the Zoning Board of Appeals. Two of the documents indicate that there would be 28 plus 4 parking spaces. In scaling the plat presented, 32 parking spaces cannot be achieved. ZONING BOARD OF APPEALS April 19, 1983 - Page Six Parking requirements are 9' x 19' per parking space and if there is perpendicular parking, a 20 foot aisle is required to meet the criteria used by Buffalo Grove. The current ordinance does not have any provisions for parking for this use, but the proposed draft of the new ordinance will have specific requirements. Mr. Hruby contacted the Northwest Municipal Conference to determine what other communities use for a miniature golf course and using other Municipalities requirements parking requirements, and they have the same figures the new B. G. Ordinance will have, that being 3 spaces per 1 ,000 square feet of floor area or land area. Staff calculations were based on the land area that would be encompassed by the two miniature golf courses (36 holes) and the two-story building, and they would need a minimum of 50 parking spaces. Ch. Heinrich noted that the current ordinance is mute on this point, but because this is a Special Use, the ZBA can designate the number of spaces that would be necessary. Mr. Hruby continued and said that because the pavement that exists on the North to Dundee Road property line, a 13 ft. landscaped buffer would be required along the right-of-way based on set back requriemnts. This is not normally required for a variation, but for this Special Use, it should be considered. The sidewalk is another issue. East of the property is an existing sidewalk, and a new developments, Cedar View, is proposed on the West. Staff has sug- gest that should the variation be granted, these two sidewalks should be joined. The Village Engineer has suggested that lighting be required on Dundee Road. The parking lot should be sufficiently illuminated and there are no lights there now. An easement exists in the rear yard and a letter stating that any improvements on this easement will be removed at the busi- ness owner's expense, should the Village so require. A Zoning Map showing zoning of adjacent property was presented by Mr. Hruby. He also presented a copy of the memo prepared by Deputy Chief Voigt and read this memo for the record. It concludes with the statement that "this proposal has serious deficiencies. " Mr. Sullivan said that he was given copies of these reports on Monday, April 18, 1983 by the Zoning Department and he said he would definitely conform with any reasonable requests made. Because the parking space is limited, and he has only had 24 hours, he has not had sufficient time to consult with Kemmerly Real Estate to see what provisions they will make to the property. He described his options : 1 ) Drop the number of holes on the miniature golf course from 36 to 18; which would allow the existing parking spaces to be sufficient; or 2) Pave additional parking space in the rear. It was Mr. Sullivan's intention to have a country-type atmosphere around the area, keeping the trees and the wishing well . He did not want to make many changes to the property because it is quite attractive. This being his first business venture, Mr. Sullivan sought guidance from the ZBA. If a continuance is in order, he would be able to research all the problems. Ch. Heinrich said that the parking is secondary to the issue of the traffic along Dundee Road. How to get children to the site, etc. across the four lane highway with 40 MPH speed and no signals between Buffalo Grove Road and Arlington Heights Road. It is difficult now to get onto Dundee Road from Golfview Terrace. Why did Mr. Sullivan choose this location? ZONING BOARD OF APPEALS April 18, 1983 - Page Seven Mr. Sullivan replied that with only 1 day's preparation he would need some direction. Basically, the golf course would be to the rear of the property and there is access to the South. The vacant area is to be paved soon, or coming up Betty Drive on the East of the property. Coming up Dundee Road, based on existing circumstances, he did not think a business such as his would not encourage or promote children on bikes to cross the street. The business adjacent to the property caters to children now. He will be happy to do what he can to assist in the matter. Ch. Heinrich said he felt the business would attract children, and the bulk of children will want to walk to it or ride bikes. The concern is how to help people get to the business without impairing their. safety. Mr. Sullivan suggested including in his advertising promotions, crossing at Buffalo Grove Road. He was open for suggestions. His presentation included some pictures taken of the property. The property would serve his purposes in two ways: 1 ) The house would house golf equipment to be sold at discount rates; 2) To provide a miniature golf facility in this area. The Sullivan's have 14 year old twins and the golf course would serve to satisy the need for youngsters to have something to do in summer, etc. He feels the venture would supply a need as well as provide needed income for himself. The property in the Village of Buffalo Grove would cost about $125,000 to $150,000 which would be a large initial financial investment. Together with necessary lighting and the courses themselves, the total cost would be about $300,000. This property, being leased, would satisfy the need Mr. Sullivan has. The location has enough space and because several businesses have failed at this location, the rent is attractive and arrange- ments being worked out with Kemmerly are satisfying to both parties so far. No major changes will be made to the property. Based on all these points, plus the fact that there is a volume of traffic, he feels he can succeed. Mr. Sullivan repeated that he has not had a lot of time to respond to the Staff review; but he is willing to compromise and drop the number of holes. He would also consider providing access to the side road, but this would require Mr. Kemnerly's agreement because it would require permanent changes to the property. He stipulated that he has personal assets with which to finance. He has not borrowed against them at this time. Ch. Heinrich informed the audience that the courses being proposed are similiar to the golf course near Randhurst Shopping Center. Parking is the secondary issue. Ingress and egress are the main problems and the volume of traffic on Dundee Road with reference to crossing, etc. These problems must be solved first. The audience was asked for comments. Mrs. May Betters - 264 Dundee Parkway Objected to the proposal because of the Joyce Kilmer School is located on Golfview Terrace. Traffic will be a problem for the homeowners. The Parkway is used for making U-turns now and that problem will increase. She envisions the Village putting a stop-light up there, because the children will not go East to Buffalo Grove Road and cross and walk back to the golf course. Mrs. said the project will effect her home and she does not want it there. She also anticipated an increase in noise. Mr. Sullivan stated that he definitely does not want to endanger any children. The problem of turn-arounds now and the configuration of Dundee Road has not been caused by his proposal . The business will hope- ZONING BOARD OF APPEALS April 19, 1983 - Page Eight fully attract people. He stated that he would invest whatever is necessary to insure safety. He said that the character of miniature golf is not a noisy, rowdy game and did not think it is a noisy type of activity. He also noted that the courses are located to the rear of the property, and would not be noisier than Dundee Road traffic. Mike O'Malley - 766 Patton Drive He does not take issue with the beauty of the project. His objection is to the location along Dundee Road, which is already a problem. He felt Mr. Sullivan would be creating a very bad nuisance, because it will be so close to a residential area with a school close by. Children will , in fact, be attracted to the golf course. Many children live North of Dundee Road. Time to consider the situation won't solve the problems that will be created. He urged against the project, but he expressed the need for such a recreational activity in the area, but not on Dundee Road. Ellen Hofmann - 3340 N. Betty Drive, Arlington Heights Mrs. Hofmann is very much against the project. They live South of Dundee Road and right next to the proposed golf course. The problem of standing water has not been mentioned. There is already one foot of water on their lawn. If cement is put in for the holes, where would all the water go? Ch. Heinrich assured her that water retention would be required on the golf property so that there would not be a flooding problem to neighboring pro- perty. The Engineering Department would insist upon. It is part of the sub-division regulations and the ZBA would make it a stipulation of this Special Use, or any Special Use that would be granted. Mrs. Hofmann (continued to speak) Another problem that the residents that would be increased is the noise and hazard of motorcyclists. People could enter the project from Betty Drive and teen-agers use the property to race around now. The Arlington Heights Police and the Buffalo Grove Police refuse to do anything. The State Police are the only ones that come out when called. At times, there are 7 and 8 motor cycles driving around. The Hofmanns do not have any children, but they are concerned that someday a child will be hit. Ch. Heinrich noted that part of the motor cycle problem would be alleviated when the property is built up that is located near the proposed project. The area has been platted and soon be built upon. (Cedar View) Mr. Sullivan said he understood Mrs. Hofmann and has compassion for her. He felt his proposed golf course would not attract the kind of clientele that would be destructive. It is family oriented. Should that element be brought in, he felt he would be able to discourage it. He repeated his willingness to listen to the decision of the ZBA. Should the Board decide that the property is not eligible for this use, he will not pursue it. He would like to establish a business in Buffalo Grove that would be worth- while to all parties. He would not want to contribute to a bad situation, or make it worse. Speculating, he does not think he would be doing so. Mr. Cary Jenner - 322 West Dundee Parkway Mr. Jenner expressed concern about Mr. Sullivan's ability to finance the project, after having been out of work for 6 months. Considering what will be involved, to pave the back part and increase parking, etc. Mr. Sullivan is talking $30,000 or more cash, over and above the rental costs. ZONING BOARD OF APPEALS April 19, 1983 - Page Nine Mr. Sullivan responded that this is a business issue, and he believes it is within his means to finance the project, or he would not be doing it. True, to purchase the property, etc would cost over $400,000 but by renting the property, he can succeed. Mr. Jenner felt that Mr. Sullivan is not prepared to answer questions that would haves been raised by these homeowners who were notified by letter that was dated April 4, 1983. Ch. Heinrich clarified the situation. After the Zoning Board received the information pertaining to a Special Use Request, he requested the Village Staff to prepare the reports that were completed late Monday afternoon. Mr. Sullivan was given copies of these reports very late also. He had pre- pared a presentation for the ZBA that did not include response to the Staff comments and concerns. Mr. Jenner continued: He commented that should the project go through, the Village would be "opening up something that cannot be stopped." He asked what would pre- vent any other property owner in the residential section from turning their homes into gas stations, antique shops, etc. Ch. Heinrich explained that the property in question is Zoned B-1 Commercial . It is zoned for business in the Village. This type of business requires a Special Use in order to be put up, but the zoning is commercial . When a type of business, such as a miniature golf course is proposed, a public hearing can be held, a determination can be made about the appropriateness of the proposal , at that specific location. In single family, residential areas, variations cannot be granted for any type of business activity. Mr. Jenner said that 313 W. Dundee Road used to be a home. He has lived in his home since 1969 and was never notified of any change to B-1 zoning. He requested information be shown concerning the change. Ch. Heinrich said the annexation agreement was dated 1971 . Such changes are handled by the Plan Commission. He recalled approving a variation for the sign. It has been serving as a B-1 since Kemmerly opened up his Real Estate office in 1971 . Following Kemmerly, several other businesses have opened up there. The property is legally zoned as B-1 and comments about the zoning are not germaine. Mr. Ray Henning, Housing and Zoning Inspector, reported that he pursued this question with the Village Clerk. The building was formerly a residence, owned by Mr. and Mrs. Stenholm. They sold the property to Kemmerly Realty, who petitioned the Village for annexation for B-1 office use. In 1971 , the request was published and the documents are in the Village Clerk's office. These records are open to the public during Village hours. Mr. Jenner asked why one person would be allowed to change to B-1 and not others. Ch. Heinrich answered that they would have to have 1 acre of land in order to meet the requirements. Residents live on sub-divided lots and cannot link them together. Mr. Jenner said he felt the ZBA was fighting against the homeowners, and by allowing this business to open, they would be opening a "can of worms." Ch. Heinrich assured Mr. Jenner that the ZBA has specifically asked for Staff reports to prevent any problems before they are created. The requirement for notification of all residents with- in 250 feet has been met. In addition, the Herald was asked to write an article about the project and list the time and place of this hearing. That way, all residents of the area would have a chance to hear the proposal and they could come out and voice their opinions. ZONING BOARD OF APPEALS April 19, 1983 - Page Ten Mr. Dave Haller, Developer of Cedar View Office Buildings and Townhouses Mr. Haller explained that he is owner of adjacent property to the West of the proposed golf course. He. presented to the Board renderings of the proposed Cedar View project. At the request of the Village, they have oriented the development of the property to the East. West of Cedar View is the Kingswood Methodist Church, the Fire Station and Continental Bank. The Church is a more compatible use for their office type project. Originally, the Cedar View project which is U-shaped was to enter and egress onto Dundee Road, but they were asked to turn the project and extend Golf View Terrace to go across Dundee Road. Their building setback is 427 feet, and additional water reten- tion plus landscaping will be provided. The problem of traffic that the ZBA is addressing will be increased on Dundee Road by Cedar View. Hopefully, the traffic light mentioned will be located there sometime in the future. Dundee is a State Road. The Cedar View Annexation Agreement, provides._ for them to pay the Village portion of the traffic light, when and if the traffic ever warrants it. Mr. Haller stated he did not want to hinder Mr. Sullivan's enterprise, and he plays miniature golf with his own children, but he could foresee additional traffic problems, storm problems and the proposal does not include any buffer screening to the future residential section. He agrees that the people who have come to object do have a real concern. Mr. Haller described the extensive engineering work that will be done by Cedar View. Another problem that has not been considered is that there is to be back to back parking requirements of 120 feet from Dundee Road and an ad- ditional 50 ft. set back. In terms of compatibility, the Plan Commission has approved the Cedar View plan to improve the looks of Dundee Road with the use of extensive berming to hide the parking area, etc. He repeated his doubt that the golf course should be located at the proposed site. Mr. Sullivan described the row of existing evergreens that would help act as a buffer zone. He then stated that based upon the comments he has heard so far, he does not want to start a business that would not be in the best inter- ests of the local community citizens, who know the area better than he does. He does not want to form any ill-will from the generation of his new business. He proposed one of two actions: 1 ) ask for a continuance, until he can resolve the problem of children crossing Dundee Road. A possible solution would be a bridge; 2) Drop the issue and look elsewhere for a better location. Ch. Heinrich asked for comments from the ZBA Commissioners. Com. Stolman: He does not feel it is up to the ZBA to make the decision for Mr. Sullivan. After listening to the comments of the citizens, he would be influenced to carefully consider the questions that have been raised. Mr. Sul- livan may not have looked for any other property, and it may be the best thing to do if he would drop the request. The plan looks well planned out. Com. Hefler: After spending time looking at the details of the plan, he feels that time may have been ill spent onsidering the safety issues that have been addressed by Staff, the citizens and his own concerns about things like the hours of operation (10 Am to 12 Midnight) , and the amount of lighting that would have to be added to the plan. Tower lights would be appropriate and could create a new problem. All this, plus the parking problems, traffic estimates of 144 persons per hour per course would constitute the need for more that 50 parking spaces, @ 4 per car. ZONING BOARD OF APPEALS April 19, 1983 - Page Eleven Com. Hefler's summation was that the plan is excellent, and under different conditions would approve, but the principal involved at this time would not warrant a Special Use of this nature in this location. There are too many unanswered issues. Com. Kearns: Most of Com. Kearns concerns have already been expressed by the Staff. His personal feeling is that it is a nice plan located on too small of a piece of property. Many problems will be caused. Parking is not adequate. Ingress and egress problems. Comments of people. Type of people that would be using the golf course. Stack up of cars on Dundee Road, waiting- to turn i n. Need to use the off-duty police for extra protection. The water problem. The evidence will not support the proposal . Com. Quick: Com. Quick shared all the earlier comments, but feels the real issue is Dundee Road location. The idea is good, but the place is wrong. Com. Manzo: She also shares the concerns of the residents and other Commis- sioners plus the additional concern of attracting people from many other communities. Some of these would be teen-agers that are not of the best char- acter. She is against the location. Com. Perlman: Agrees with all that has been said. Added the comment that, being in business himself, he knows that business has enough problems, with- out creating the additional obstacles. This project would create obstacles. Ch. Hei"nrich: Having lived in the area on Patton for 10 years, knowing the neighborhood and existing traffic, precipitated his asking for Staff reports. His initial reaction, and his wife's, was that a miniature golf course in the community, would be fantastic and would serve a great need of the community. He does not approve of all the negative comments that have been made. There is not a good facility in Buffalo Grove for children. This need should be met. If it is not, the kids will to to another community and engage in some less wholesome type of activity. This is a good positive plan, but the worst possible location. It will attract kids who have no other place to go. There were two fatalities in Buffalo Grove, on residential streets, and with the increased number of children that will be coming across Dundee Road from all directions, possible danger especially at night, would entail increased police protection. There is a tremendous parking problem. Normally, such a place would have more ways to go in and out; larger parking lots; and having play- ed miniature golf on summer evenings, there is usually a large number of people waiting. In the evening, more parking space will be needed. In summary, We would like to see the facility in Buffalo Grove. There are more appropriate sites in the vicinity. For instance, the Town Center area. Ch. Heinrich recalled the original change in zoning. Mr. Kemmerly was given the approval because he stipulated that his business would not generate the need for additional parking and would not increase traffic density on Dundee Rd. Mr. Sullivan would have to do a lot of convincing to get a Special Use permit from the Zoning Board of Appeals. Mr. Sullivan stated that he has been involved in the community for twelve years and his intentions are the best. Based upon the input from the citizens that have spoken, he would not want to create problems. He withdrew his request. He thanked the Board and the people for their consideration and input. Ch. Heinrich asked Mr. Raysa for confirmation of the proper procedure. Should there be a vote, or can Mr. Sullivan withdraw the request as stated? ZONING BOARD OF APPEALS April 19, 1983 - Page Twelve Mr. Raysa advised Mr. Sullivan that he has two things to consider. 1 ) Because of the lateness of the notification of Staff reports, Mr. Sullivan has the right to a continuance. 2) Mr. Sullivan should be informed that the decisions of the Zoning Board of Appeals are not final . An appeal can be made to the Village Board of Trustees. He has the right to go through all the channels. Mr. Sullivan, considering these options, made the desicion to withdraw. He stated he fully understood his rights and would voluntarily waive them. Ch. Heinrich repeated his personal feeling that he would like to encourage Mr. Sullivan to pursue this venture, and to pursue it in this community. Mr. Sullivan said he would certainly do so and invited everyone to come. Ch. Heinrich commended the Staff for the excellent preparation and reviews that were presented. All the Commissioners added their agreement. VI. ANNOUNCEMENTS None. VII. ADJOURNMENT Com. Quick made a motion to adjourn. Com. Hefler seconded the motion. The meeting was adjourned at 10:20 P.M. by unanimous approval . Respectfully submitted, Shirley Bate Secretary Zoning Board of Appeals sb ZONING BOARD OF APPEALS April 19, 1983 - Page Thirteen